Oversight of the Administration of the Federal Freedom of Information Act: Hearings Before the Subcommittee on Intergovernmental Relations of the Committee on Governmental Affairs, United States Senate, Ninety-sixth Congress, Second Session, August 19 and November 18, 1980 |
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Page 6
... determination or denial of a request for information under the Freedom of Information Act . Do you know whether or not the Attorney General has issued guide- lines at this point as to what constitutes a denial ? Mr. SHENEFIELD . I am ...
... determination or denial of a request for information under the Freedom of Information Act . Do you know whether or not the Attorney General has issued guide- lines at this point as to what constitutes a denial ? Mr. SHENEFIELD . I am ...
Page 20
... determination that information provided should be released . In any amendment regarding business confidentiality , however , we intend to maintain our position , upheld by the Supreme Court in Chrysler v . Brown , * / that actions ...
... determination that information provided should be released . In any amendment regarding business confidentiality , however , we intend to maintain our position , upheld by the Supreme Court in Chrysler v . Brown , * / that actions ...
Page 28
... determination that information provided should be released . It may also be advisable to establish a time period and agency administrative process to ensure that notice is ample to permit submittors to negotiate with the agency or to ...
... determination that information provided should be released . It may also be advisable to establish a time period and agency administrative process to ensure that notice is ample to permit submittors to negotiate with the agency or to ...
Page 34
... determinations regarding non - disclosure , we deem this responsibility to be both congressionally mandated and institutionally essential . The Supreme Court has declared that " Disclosure , not secrecy , is the dominant objective of ...
... determinations regarding non - disclosure , we deem this responsibility to be both congressionally mandated and institutionally essential . The Supreme Court has declared that " Disclosure , not secrecy , is the dominant objective of ...
Page 43
... determination that the requested material would be disseminated to the general public under your task ? Can an average Government agency make that determination , do you think ? Would you be satisfied with their interpretation ? Mr ...
... determination that the requested material would be disseminated to the general public under your task ? Can an average Government agency make that determination , do you think ? Would you be satisfied with their interpretation ? Mr ...
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Common terms and phrases
1974 amendments action administrative Administrative Procedure Act agency records agency's ANPA appeal apply attorneys Central Intelligence Agency Chairman Chrysler citizens commercial Commission Committee compliance concerning confidential congressional corporations costs criminal D.C. Cir decision defendant CIA denial Department of Justice determination disclose disclosure documents employee exemption federal agencies Federal Register Federal Trade Commission fee waiver files FOIA requests FOIPA FOLA Freedom of Information groups guidelines implementation individual Information Act information submitter investigation issue Jim Sasser journalists Justice Department law enforcement lead agency letter dated limit litigation MAPI Memorandum ment national security newspapers obtained OFCCP Office organizations person plaintiff Privacy Act problem procedures proposals protect public benefit public interest question reason regulations release response reverse-FOIA Section Senator SASSER specific statute statutory Subcommittee subsection substantial Supp supra Supreme Court tion Trade Secrets Act waive withholding ΜΑΡΙ
Popular passages
Page 345 - ... (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity; (C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right...
Page 311 - Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published.
Page 156 - Whoever, being an officer or employee of the United States or of any department or agency thereof, publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law any information coming to him in the course of his employment or official duties or by reason of any examination or investigation made by, or return, report or record made to or filed with, such department or agency or officer or employee thereof, which information concerns or relates to the trade secrets,...
Page 395 - ... (8) contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; or (9) geological and geophysical information and data, including maps, concerning wells. 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 311 - 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...
Page 393 - ... with respect to any appeal within twenty days (excepting Saturdays, Sundays, and legal public holidays) after the receipt of such appeal. If on appeal the denial of the request for records is in whole or in part upheld, the agency shall notify the person making such request of the provisions for judicial review of that determination under paragraph (4) of this subsection. (B) In unusual circumstances as specified in this subparagraph, the time limits prescribed in either clause (i) or clause...
Page 437 - ... (7) 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...
Page 39 - A popular government without popular information or the means of acquiring it is but a prologue to a farce or a tragedy, or, perhaps, both. Knowledge will forever govern ignorance; and a people who mean to be their own governors must arm themselves with the power which knowledge gives.
Page 323 - Executive order; (2) related solely to the internal personnel rules and practices of an agency; (3) specifically exempted from disclosure by statute (other than section 552b of this title), provided that such statute (A) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or (B) establishes particular criteria for withholding or refers to particular types of matters to be withheld...
Page 318 - In such a case the court shall determine the matter de novo, and may examine the contents of such agency records in camera to determine whether such records or any part thereof shall be withheld under any of the exemptions set forth in subsection (b) of this section, and the burden is on the agency to sustain its action.