[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR5.73]

[Page 12-13]
 
                           TITLE 34--EDUCATION
 
PART 5_AVAILABILITY OF INFORMATION TO THE PUBLIC PURSUANT TO PUB. L. 90-23
--Table of Contents
 
               Subpart F_Availability of Specific Records
 
Sec. 5.73  Records not available.

    The following types of records or information contained in any 
record, in addition to those prohibited by law from disclosure, are not 
available for inspection or copying, any provision of Sec. 5.72 
notwithstanding:

[[Page 13]]

    (a) Intra-agency and inter-agency communications. Communications 
within the Department other than those described in Sec. 5.72(d) or 
between the Department or any other agency within the meaning of 5 
U.S.C. 551(1) and 552(e), to the extent they reflect the views or 
judgment of the writer or of other individuals. If disclosure of any 
factual portion of the communication would indicate the views or 
judgment being withheld from disclosure, then such factual portions will 
also be withheld.
    (b) Investigatory files. Investigatory files compiled for law 
enforcement purposes to the extent that production of such records would 
(1) interfere with enforcement proceedings, (2) deprive a person of a 
right to a fair trial or an impartial adjudication, (3) constitute an 
unwarranted invasion of personal privacy, (4) 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 a lawful national security intelligence 
investigation, confidential information furnished only by the 
confidential source, (5) disclose investigative techniques and 
procedures or (6) endanger the life or physical safety of law 
enforcement personnel. For the purpose of this section enforcement 
action means any authorized action intended to abate, prevent, 
counteract, deter, or terminate violations of law and includes action 
involving possible civil, criminal, or administrative sanctions whether 
such sanctions involve adversary proceedings or other procedures, such 
as termination of benefits, protective measures, etc.