The Freedom of Information Act: Federal Law Enforcement Implementation : Hearing Before a Subcommittee of the Committee on Government Operations, House of Representatives, Ninety-sixth Congress, First Session, February 28, 1979U.S. Government Printing Office, 1981 - 196 pages |
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Common terms and phrases
Accounting Office Act FOIA activities advised Airtel Albany amended analysts Answer continued Attorney backlog Bureau Chairman civil Cointelpro Committee compliance comply confidential source Congress contacted court criminal investigation Department of Justice determine Director disclose dissemination documents domestic intelligence DRINAN effort employee ERLENBORN exemption existing FBI files FBI Headquarters FBI records FBI's fear Federal felons field divisions field office FOIPA Branch FOIPA request foreign counterintelligence foreign government foreign intelligence Freedom of Information furnish information identify identity individual Information Act Information and Privacy information concerning information furnished interviewed JACK BROOKS KOSTMAYER law enforcement agencies limits litigation manuals mation matters operations organized crime percent personnel pertaining political corruption PREYER Privacy Act problem processing proposal protect pursuant Question release request for records response result RICHARDSON PREYER sensitive skyjacker Special Agent subcommittee submit subpoena terrorist tion United unsub WEBSTER WEISS withholding
Popular passages
Page 164 - (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 162 - ... (ii) make a determination 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...
Page 160 - ... (B) On complaint, the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, has jurisdiction to enjoin the agency from withholding agency records and to order the production of any agency records improperly withheld from the complainant. In such a case the court shall determine the matter de novo, and may examine the contents of such agency records...
Page 162 - As used in this subparagraph, "unusual circumstances" means, but only to the extent reasonably necessary to the proper processing of the particular request — (i) the need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request; (ii) the need to search, for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded...
Page 97 - ... 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 163 - ... (A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and (B) in fact properly classified pursuant to such Executive order...
Page 158 - Each agency shall separately state and currently publish in the Federal Register for the guidance of the public...
Page 160 - Documents shall be furnished without charge or at a reduced charge where the agency determines that waiver or reduction of the fee is in the public interest because furnishing the information can be considered as primarily benefiting the general public.
Page 162 - ... (i) determine within ten days (excepting Saturdays, Sundays, and legal public holidays) after the receipt of any such request whether to comply with such request and shall immediately notify the person making such request of such determination and the reasons therefor, and of the right of such person to appeal to the head of the agency any adverse determination...
Page 163 - Any person making a request to any agency for records under paragraph (1), (2), or (3) of this subsection shall be deemed to have exhausted his administrative remedies with respect to such request if the agency fails to comply with the applicable time limit provisions of this paragraph. If the Government can show exceptional circumstances exist and that the agency is exercising due diligence in responding to the request, the court may retain jurisdiction and allow the agency additional time to complete...