Attorney General's Memorandum on the 1974 Amendments to the Freedom of Information Act: A Memorandum for the Executive Departments and Agencies Concerning the Amendments to the Freedom of Information Act (5 U.S.C. 552, Sometimes Referred to as Section 3 Or the Public Information Section of the Administrative Procedure Act) Effected by P.L. 93-502, Enacted November 21, 1974, and Effective February 19, 1975 |
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Page 3
... terms of the amended Act authorize a court to examine classified records in camera to determine the propriety of the with- holding under the new substantive standards of the exemption . The Conference Report makes clear , however , that ...
... terms of the amended Act authorize a court to examine classified records in camera to determine the propriety of the with- holding under the new substantive standards of the exemption . The Conference Report makes clear , however , that ...
Page 5
... term " records " for " files , " and prescribe that the withholding of such rec- ords be based upon one or more of six specified types of harm . The revised exemption now reads : " ( 7 ) investigatory records compiled for law ...
... term " records " for " files , " and prescribe that the withholding of such rec- ords be based upon one or more of six specified types of harm . The revised exemption now reads : " ( 7 ) investigatory records compiled for law ...
Page 6
... terms were not defined in the original Act and are not defined in the Act as amended . " Investigatory records " are those which reflect or result from investi- gative efforts . The latter may include not merely activities in which ...
... terms were not defined in the original Act and are not defined in the Act as amended . " Investigatory records " are those which reflect or result from investi- gative efforts . The latter may include not merely activities in which ...
Page 7
... term " enforcement proceedings " is not defined , but it seems clear that its scope corresponds generally to that of " law enforcement purposes , " covering criminal , civil and administrative proceedings . Moreover , in explaining this ...
... term " enforcement proceedings " is not defined , but it seems clear that its scope corresponds generally to that of " law enforcement purposes , " covering criminal , civil and administrative proceedings . Moreover , in explaining this ...
Page 8
... term " trial " is undefined , but would normally be thought to apply to judicial proceedings , both civil and criminal , in Federal and State courts . " Adjudication " is defined in the APA to mean the procedure by which Federal ...
... term " trial " is undefined , but would normally be thought to apply to judicial proceedings , both civil and criminal , in Federal and State courts . " Adjudication " is defined in the APA to mean the procedure by which Federal ...
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Common terms and phrases
1974 Amendments 88 STAT accordance with published action adjudication Administrative Procedure Act administrative staff manuals adopted affect a member agency determines agency personnel agency regulations agency's appeal apply Attorney available for public available or published bill camera CARL ALBERT classified records clause compiled for law Conf Conference Report confidential source criminal law enforcement current index providing D.C. Cir deletion denial disclosure effective Executive order extent February 19 Federal Register files Freedom of Information Government House of Representatives index providing identifying Information Act initial determination inspection and copying interpretation invasion of personal investigatory records law enforcement purposes legislative history limits litigation materials mation matter Memorandum November 21 paragraph PAT JENNINGS personal privacy procedures proceedings providing identifying information public inspection reasonably segregable receipt record compiled Rept request for records search and duplication Senate Report Senator Hart specifically statements of policy subsection substantial tion United States Code waiver or reduction
Popular passages
Page 14 - Any reasonably segregable portion of a record shall be provided to any person requesting such record after deletion of the portions which are exempt under this subsection.
Page 5 - Investigatory records compiled for law enforcement purposes but only to the extent that the production of such records would (A) interfere with enforcement proceedings, (B) deprive a person of a right to a fair trial or an impartial adjudication, (C) constitute an unwarranted invasion of personal privacy, (D) disclose the identity of a confidential source and, in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting...
Page 5 - ... investigatory records compiled for law enforcement purposes, but only to the extent that the production of such records would (A) interfere with enforcement proceedings, (B) deprive a person of a right to a fair trial or an impartial adjudication, (C) constitute an unwarranted invasion of personal privacy...
Page 19 - Each agency, in accordance with published rules, shall make available for public inspection and copying-- (A) final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases; (B) those statements of policy and interpretations which have been adopted by the agency and are not published in the Federal Register; and (C) administrative staff manuals and instructions to staff that affect a member of the public...