[Code of Federal Regulations]
[Title 36, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR902.55]

[Page 154-155]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
         CHAPTER IX--PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION
 
PART 902--FREEDOM OF INFORMATION ACT--Table of Contents
 
     Subpart F--Exemptions From Public Access to Corporation Records
 
Sec. 902.55  Intragovernmental exchanges.

    (a) Any record prepared by a Government officer or employee 
(including those prepared by a consultant or advisory body) for internal 
Government use is within the statutory exemption to the extent that it 
contains--
    (1) Opinions, advice, deliberations, or recommendations made in the 
course of developing official action by the Government, but not actually 
made a part of that official action, or
    (2) Information concerning any pending proceeding or similar matter 
including any claim or other dispute to be resolved before a court of 
law, administrative board, hearing officer, or contracting officer.
    (b) This section has two distinct purposes. One is to protect the 
full and frank exchange of ideas, views, and opinions necessary for the 
effective functioning of the Government and to afford this protection 
both before and after any action is taken. This judicially recognized 
privilege of protection against disclosure in litigation or elsewhere is 
intended to assure that these resources will be fully and readily 
available to those officials upon whom the responsibility rests to take 
official and final Corporation action. However, the action itself, any 
memoranda made part of that action, and the facts on which it is based 
are not within this protection. The other purpose is to protect against 
the premature disclosure of material that is in the development stage if 
premature disclosure would be detrimental to the authorized and 
appropriate purposes for which the material is being used, or if, 
because of its tentative nature, the material is likely to be revised or 
modified before it is officially presented to the public.

[[Page 155]]

    (c) Examples of records covered by this section include minutes to 
the extent they contain matter described in paragraph (a) of this 
section; staff papers containing advice, opinions, suggestions, or 
exchanges of views, preliminary to final agency decision or action; 
budgetary planning and programming information; advance information on 
such things as proposed plans to procure, lease, or otherwise hire and 
dispose of materials, real estate, or facilities, documents exchanged 
preparatory to anticipated legal proceedings; material intended for 
public release at a specified future time, if premature disclosure would 
be detrimental to orderly processes of the Corporation; records of 
inspection, investigations, and surveys pertaining to internal 
management of the Department; and matters that would not be routinely 
disclosed under disclosure procedures in litigation and which are likely 
to be the subject of litigation. However, if such a record also contains 
factual information, that information must be made available under 
subpart E of this part unless the facts are so inextricably intertwined 
with deliverative or policymaking processes, that they cannot be 
separated without disclosing those processes.