Reading Room Document

Effect of the new "Public Records Statute" upon the public availability of items given to the United States and placed in the Archives under section 6(d) of the Federal Records Act of 1950

The OLC was asked to analyze provisions of the newly passed Freedom of Information Act. After analyzing the meaning of the words “record” and “historical materials” under the provisions in question, the agency noted that “it would appear arguable” that FOIA “applies only to papers, reports, photographs and not to objects such as a desk.” The OLC also concluded that since 44 U.S.C. § 397(e) “specifically authorizes the acceptance of papers and others historical materials subject to restriction as to their usage, the items in question [were] specifically exempted from disclosure ” under FOIA Exemption 3.

October 24, 1966