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The Wizard

Talk to The Wizard
Show: Conversations The Wizard's posts only
The Wizard   in reply to Starshine   on

I Won a Car

Congratulations!
That is a really good news!

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The Wizard   in reply to AnoraE   on

Autism Society of Minnesota

 in response to Anora Eldorath...   
Anora Eldorath, I'm sure people from AidPage Team are actually trying to help you. Perhaps it is matter of misunderstanding, but 'It is only you' doesn't mean 'you are not welcome here', rather more obvious conclusion - perhaps there is a malicious software running on your PC and it is creating these problems for you. 
 
Looking at you recent posts it is obvious that there is additional text in the end, that appears as a piece of code and I'm rather sure you are not typing it by hand. This is just the visible side effect. Most likely there also hidden control characters that affect your pages.
 
AidPage system is constantly automatically checking for such anomalies and errors and if spotted and cannot be fixed it will be deleted. That keeps the system healthier and better working for all of us.
 
In any case this is not a thing to complain about, but a situation where you or some helper should check your PC for viruses and malware.
  
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The Wizard   in reply to hoss20   on

In desperate need of help

 in response to ICEVERYTHING...   
ICEVERYTHING, I believe the Starrshine case is an unfortunate misunderstanding, but it is not 'total BULL'. 
First of all I'm using Paypal quite frequently without any problems. Second, I'm absolutely sure that the general idea of the Paypal business is clear and fair. Third, they are not in business of stealing anybody's money. However, what Starrshine is describing is not only possible, but unfortunately it happens on time to time. 
 
In order to receive any payments via Paypal one must register with them and must link at least one bank account (and a credit card account as well in order to remove some limitations) with this registration. After they verify everything, including the bank account connection then you are ready to receive payments from third party. If the third party is an honest person (company) as you are the transactions are smooth and flawless. Unfortunately, if this is not the case and the third party pays, let say with a stolen credit card, here is the trouble. If the credit card was not reported stolen on time or the information was not disseminated all the way though the chain Paypal will allow the transaction. You will see the payment in your account and everything will good for a while. In a few days when the facts become clear for Paypal they will try to stop the transaction and to recover the amount of the purchase from your Paypal account. If in the mean time you have shipped the goods and even worst already transferred all or some of the money to your bank account, and you Paypal account is nearly empty then they can freeze you linked account and pool back the amount. Such action by Paypal even though justified from their view point could be devastating for you. It may overdraw your bank account, or stop important payments to other parties, or bring unexpected bank charges. Such freezing may take rather long time and all these troubles multiply with the time. All this coupled with sometimes abrupt, unfriendly and difficult to understand response from Paypal's customer service could easily create the impression similar to one Starrshine described. 
 
There are many 'horror' stories on behalf of Paypal related cases. However, there is always reasonable and unpleasant for you explanation. In most cases these problems could be avoided if you know and pay attention to the process and be careful to follow simple rules:
 
1. Do not hurry! 
2. Wait at least 7 business days from the finalized Paypal transaction before send any goods. I know the client is waiting…
3. Wait at least 7-10 days from the finalized Paypal transaction before transfer money from your Paypal account. I know you need them now, but believe me you are better off with this need for another week and without the problems I described above.
4. If a problem occurs talk to the customer service (do not yell). If this does not help talk to a supervisor. Be persistent and keep a log of your calls and conversations. Do not let go. Make sure you clear the case before you stop.
 
In general as with everything else apply common cense, be patient and you will avoid most of the potential troubles.

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The Wizard   in reply to BobyB   on

Build the house of dreams

 in response to vistahelp...   
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The Wizard   in reply to justanoldman   on

Computer Terms - Redneck Style


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The Wizard   in reply to The Wizard   on

About Housing Grants

 in response to swedishkiss...   
You were correct not to give them any information! 
Nobody should ask you on the phone for money or any personal info in order to qualify you for a grant. Not to mention that it is nearly impossible someone to call you and offer you grant without preliminary written request by you.

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The Wizard   in reply to AnoraE   on

Processed People?

 in response to Anora Eldorath...   

Here is an interesting piece on the same subject from an interview with Michael Pollan on PBS...

 

MICHAEL POLLAN: High fructose corn syrup contributes mightily, as do all sugars, to type 2 diabetes. And we are subsidizing cheap sweeteners in our farm bill by subsidizing corn. And so you, you see, you have a war going on between the public health goals of the government and the agricultural policies. And only someone in the White House can force that realignment of those goals. ...
 
... Well, how do you grow those giant monocultures of corn and soy? As soon as you plant a monoculture, which is all that is lots of the same thing year after year. You risk depleting the fertility of the soil. So how do you replenish the fertility? Fertilizer. How do you make fertilizer? It's made with natural gas, diesel, oil. So we actually have to spread huge quantities of oil or fossil fuels on our fields to keep the food coming. 
 
When you grow a monoculture, you also get lots of pests. They love monocultures. You build up the population of the pests by giving them a vast buffet of exactly what they're they evolved to eat. So how do you protect them? Well, you use pesticides made from fossil fuels. When you grow corn and soy, which are not exactly foods, they can't eat any of this stuff. It's raw material for processed food. You then have to process it. And so it takes ten calories of fossil fuel energy to produce one calorie of food at the end of that, you know, to make a Twinkie or something like that. It's a very fuel intensive process, with the result that all our food together, if you think of what's in the supermarket, is taking more than ten calories of fossil fuel, one calorie of food.

Look, nobody wants to see food prices go up. Nobody wants to see oil prices go up. But we understand that we are not going to change our energy economy unless we start paying a higher price for oil. We are not going to improve our health around food unless we pay the real cost of food. ...
 
... Cheap food is actually incredibly expensive. ...
 
... You know, we're catching so-called sustainable salmon in Alaska. We ship it to China to get filleted and then we bring it back here. ...
 
... We're selling sugar cookies to the country of Denmark, and we're buying sugar cookies from the country of Denmark. And Herman Daily the economist, said, 'Wouldn't it be more efficient to swap recipes?' I mean, these absurdities can't continue. ...

... When they have too much meat, when they have too much cheese, they send it to the schools, and they dispose it through our kids' digestive systems. ...

 

Full interview with Michael Pollan...

 

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The Wizard   in reply to AnoraE   on

Processed People?

 in response to Anora Eldorath...   

I don’t mind at all. You can share the info.

 

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The Wizard   in reply to AnoraE   on

Processed People?


Great post Anora!

This is not the only case of an irresponsible business practice in US, but certainly it may become the most costly one and with most dramatic effect for the entire nation.  

High Fructose Corn Syrup (HFCS) is not only found in carbonated drinks but also in many different types of processed food. A new study indicates that the rise in high-fructose corn syrup (HFCS) intake may be one of the primary keys to the growing obesity epidemic in the US.

A staggering 3 million bottles of coke are sold every 4 minutes.

*********
US Researchers at the Pennington Biomedical Research Center at Louisiana State University (LSU) examined the relationship between high-fructose corn syrup (HFCS) consumption and the development of obesity by analyzing US Department of Agriculture food consumption tables from 1967 through to 2000.
Among the LSU findings:
•    Obesity among US adults has risen from 23 percent to 30 percent in the past 10 years.
•    The average body weight of Americans rose slowly from 1900 to the late 1980s, at which point the average began to climb sharply.
•    The consumption of high-fructose corn syrup (HFCS) increased more than 1000 percent between 1970 and 1990.
•    The increased consumption of high-fructose corn syrup (HFCS) far exceeds the changes in intake of any other food or food group.
In addition, the researchers also observed that the body doesn't process high-fructose corn syrup (HFCS) in the same way glucose (sugar) is processed, with the result that fructose is more likely to be converted into fat.
*********
In animal studies, the University of California, Davis (UCD) team found that fructose consumption contributes to insulin resistance, an impaired tolerance to glucose, high blood pressure, and elevated levels of triglycerides.
And although the data in humans is not quite as conclusive as the animal trials, the researchers report that a high intake of fructose may increase body weight and encourage insulin resistance, both of which are risk factors for type 2 diabetes.
*********
Full article…

 

On the other hand....

The American Medical Association (AMA) recently concluded that "high fructose corn syrup does not appear to contribute to obesity more than other caloric sweeteners."

Research confirms that high fructose corn syrup is safe and nutritionally the same as table sugar.

High fructose corn syrup has the same number of calories as table sugar and is equal in sweetness. It contains no artificial or synthetic ingredients.

The U.S. Food and Drug Administration granted high fructose corn syrup "Generally Recognized as Safe" status for use in food, and reaffirmed that ruling in 1996 after thorough review.

 

There we have it - it is 'Generally Recognized as Safe'. In other words, it is not going to kill us immediately...

 

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The Wizard  

Yes we can...

 in response to W H O ~ K N E W...   

Nice, inspiring and full of hope.

 

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The Wizard   in reply to Anonymous40784   on

VOTE, don't complain !!!!

 in response to Anonymous40784...   

 

I agree with Anonymous40784!

There are way too many variables that have to be taken into account when the woman or the family is taking such a decision in one way or the other. It is ridiculous to impose artificial rule on every one – ‘have this child under any circumstances’. Rule like this is not fair neither for the mother nor the child. Giving a birth is only one part of the job. If the child is not wanted or the mother cannot take care of it what kind of future such rule paints for this child?

I would also add, currently there are much more important issues. If the economy continues further down soon we all may have serious problems feeding the kids that we already have. So, when one is choosing the main issue to vote for or against better consider again what can make or break a country.

 

 

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The Wizard   in reply to The Wizard   on

About Student Financial Aid

 in response to share1...   

Share1, you don't have to buy any CD for government grants.
There are two absolutely free options:
1. Browse the programs starting from this link: US Federal Government Grants, Scholarships, Loans, Free Services
2. Download Federal Money Retriever

In fact you can do both. In FMR is easier to make search lists, there is a pre-application wizard etc. Once you are done with FMR you may find the identified programs online on this site and to see if there is more or newer information.
 

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The Wizard   in reply to Supermario   on

Comment: I Guess Equimark Investment...

 in response to thunderxls...   

Thunderxis, Jill101 and Renee Beitel, I read the entire sequence of posts here and I feel that I should address the issue.

Thunderxis, I find the Who-Knew’s comments neither abrasive nor demeaning. It appears to me that by analyzing your rather unforgivable sequence of decisions Who-Knew was trying to help you with your next eventual endeavor in looking for loan, grant or other help. If you ask me I would have been way more abrasive talking about your decisions. It would not help you to get comment like ‘Wow, these guys were so bad! You have done nothing wrong. They are the only one to blame. Let us find them and prosecute them…’. Yes, you may feel a bit better for a moment, but it will not help you. If some of the comments are making you feel embarrassed that is good for you. If you realize how plain stupid you have acted trough the entire case, next time you may remember the feeling and be more alert for your own good.

However, I think Who-Knew was wrong in one aspect. Who-Knew was wrong to take your post as real cry for help. It appears to me all three of you - Thunderxis, Jill101 and Renee Beitel – are simply trying to advertise your site badcreditloanwarning.com in order to get some traffic. I don’t know whether or not the two women that you are referring to are real or what are their real intentions. Frankly, it doesn’t matter. Even if we assume that they are real and full with good intentions the whole idea is rather weak and half-baked. The Who-Knew’s remarks about the website and the whole idea are absolutely correct! Very little you could do (even you are planning to) in finding the conmen because of one very simple reason – virtually 100 percent of the victims don’t have the slightest idea who their contact was even less where he/she reside. If we add to the equation the foreign country factor, the possibility of finding someone is virtually zero.

Looking at the content of the web site in discussion and the way it is constructed does not bring a lot of confidence on table either. Dan, I understand that the site is still under construction but let me ask you – Why it is online then? Why do you need to publish the site map here on Aidpage? Virtually none of the links on the site are working, only 3 rather obscure pages are active, and there is not a single line real content. Even the about page which is supposed to show who is behind this website is not working. Sorry guys, but the question that is coming to my mind is – how this site is different from all other websites that setup the very same con operations that you claiming to fight?

I noticed several funny (mildly put) facts posted here and on your website:
1.    ‘DUE TO THE OVER WHELMING number of faxes coming…’ Your site was started a month ago. You have virtually no traffic on your website. Where all these faxes came from? In the pseudo phone interview of Renee she mentioned 15 people so far… it doesn’t appear that overwhelming, does it?


2.    ‘We have hired private investigators out of our own pockets…’ Forgive me but this sounds really phony combined with the info from your website: ‘Jill Beyer a single mother of 4 children… scammed out of $4,000’, ‘Renee is a mother of one, works a seasonal job… was scammed out of thousands also.’ May I ask how do you finance your operations and how you are paying to private investigator out of your pockets?


3.    Another simple yet important question: What are your qualifications, experience and skills in this field? You are offering help to other victims. How you are planning to do that? What makes you qualified? Being scammed is not exactly the experience that helps in this case. I think someone who was successful avoiding being scammed would be better suited for adviser.


4.    In her phone interview Renee is saying: ‘…they know who I am. They know my phone number, my social security number, they know where I liveI don’t care’. In his comment Dan is saying: ‘I have nothing to hide… my phone number is…’. I think only these two examples are enough to show that both of you have learned nothing of your experience (if you had such). These two examples makes you clearly unqualified to give advises on this matter.


5.    About the notion that the individual scammed amounts are not enough and that eventually putting them together will change something – c’mon guys… Are you really unaware of the facts or you are trying to bullshit us? The total amount has meaning only as a statistic. The only amount that would make a difference would be the amount of scammed money made by a single scammer. Unfortunately, you have no way to come up with such a number.


6.    Finally, another classic scam-like example: Dan says: ‘…at this time I feel it would beneficial for everyone if we moved this conversation off line…’ Actually Dan, that is the ONLY helpful thing one can do – public discussion! Talking one-to-one only opens another door for new scamming.

In conclusion, I wouldn’t advise Aidpage members to provide any private information. By the way the fax number is private information as well.

Until I am proven wrong, my feelings are that the operation behind the web site in discussion is either new scam attempt, or fruitless try of honest people who have no idea what are standing up against. Either way, it doesn’t seem reliable to me.

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The Wizard   in reply to SysBot   on

What's on your heart and mind today?

 in response to AfifaJN...   

AfifJN, the usual expectations with ‘Problems addressed’ are problems concerning local society or group of it. The idea is – you are getting funded to do some project that will help in some way part of the population. (It could be your neighborhood, or your city, area etc.)

Also keep in mind that the problems you are addressing should be directly related to the purpose of the program (read Program Objectives, Uses, Program Accomplishments).

Note:
If you have other questions or comments related to Federal Money Retriever it will be better if you post them in this group space - Government Grants Support Group.


 

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The Wizard  

Request Samples of Awarded Grant Proposals

Federal Money Retriever - Hint

Use the REQUEST SAMPLES option to request recently awarded (funded) grant proposals from the grantor agencies. Since in most cases applying for and getting a federal grant or loan is a competitive process, you can use a recently funded grant proposal as an example of effective proposal writing and as a source of useful information and guide. The wizard helps you prepare a request under the Freedom of Information Act (FOIA request) for awarded grant proposal related to a selected federal program on your list. To make the FOIA request more specific (click here to read the full text of FOIA), the Wizard asks you to select an applicant type offered for this program. When completed, you can generate and print your FOIA request, which then must be mailed to the FOIA Office/Officer (the address is generated automatically) responsible for providing access to the records of the federal agency, including recently awarded grant proposals for the program of interest.

Using REQUEST SAMPLES option helps you create the following documents: Letter of Request under FOIA for Sample of Awarded Grant Proposal

To use the REQUEST SAMPLES option of the Application Wizard:
1. From a list, select a program.
2. Click REQUEST SAMPLES button on the main screen to start the wizard. (You can also click Application Wizard > FOIA request on the main menu.)
3. Fill in the required data by following the onscreen navigation and hints.
4. At the bottom of the window, select an applicant type.
5. Click Generate Documents button to prepare you FOIA request for print or export.
6. Mail your FOIA request to the FOIA Office Address as generated on the letter.

Notes:

  • All mandatory information fields are marked with an asterisk sign (*).
  • Use the Wizard Navigator on the top of the screen, or Back and Next buttons to navigate.
  • In all lists, programs for which pre-applications were created can be identified by their highlighted checkbox:
  • FMR automatically generates and maintains a list of all programs for which users create sample requests. This list can be accessed through myLists button > mySampleRequests. The user can duplicate or open and edit, email, import or print sample request. Sample requests and applicants data can be deleted using FMR Privacy Guard.

 

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The Wizard  

The Freedom of Information Act

THE FREEDOM OF INFORMATION ACT
5 U.S.C. § 552

As Amended in 2002

§ 552. Public information; agency rules, opinions, orders, records, and proceedings

(a) Each agency shall make available to the public information as follows:

    (1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public--

        (A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions;

        (B) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available;

        (C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations;

        (D) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and

        (E) each amendment, revision, or repeal of the foregoing.

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. For the purpose of this paragraph, matter reasonably available to the class of persons affected thereby is deemed published in the Federal Register when incorporated by reference therein with the approval of the Director of the Federal Register.

    (2) 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;

        (C) administrative staff manuals and instructions to staff that affect a member of the public;

        (D) copies of all records, regardless of form or format, which have been released to any person under paragraph (3) and which, because of the nature of their subject matter, the agency determines have become or are likely to become the subject of subsequent requests for substantially the same records; and

        (E) a general index of the records referred to under subparagraph (D);

unless the materials are promptly published and copies offered for sale. For records created on or after November 1, 1996, within one year after such date, each agency shall make such records available, including by computer telecommunications or, if computer telecommunications means have not been established by the agency, by other electronic means. To the extent required to prevent a clearly unwarranted invasion of personal privacy, an agency may delete identifying details when it makes available or publishes an opinion, statement of policy, interpretation, staff manual, instruction, or copies of records referred to in subparagraph (D). However, in each case the justification for the deletion shall be explained fully in writing, and the extent of such deletion shall be indicated on the portion of the record which is made available or published, unless including that indication would harm an interest protected by the exemption in subsection (b) under which the deletion is made. If technically feasible, the extent of the deletion shall be indicated at the place in the record where the deletion was made. Each agency shall also maintain and make available for public inspection and copying current indexes providing identifying information for the public as to any matter issued, adopted, or promulgated after July 4, 1967, and required by this paragraph to be made available or published. Each agency shall promptly publish, quarterly or more frequently, and distribute (by sale or otherwise) copies of each index or supplements thereto unless it determines by order published in the Federal Register that the publication would be unnecessary and impracticable, in which case the agency shall nonetheless provide copies of an index on request at a cost not to exceed the direct cost of duplication. Each agency shall make the index referred to in subparagraph (E) available by computer telecommunications by December 31, 1999. A final order, opinion, statement of policy, interpretation, or staff manual or instruction that affects a member of the public may be relied on, used, or cited as precedent by an agency against a party other than an agency only if--

            (i) it has been indexed and either made available or published as provided by this paragraph; or

            (ii) the party has actual and timely notice of the terms thereof.

    (3)(A) Except with respect to the records made available under paragraphs (1) and (2) of this subsection, and except as provided in subparagraph (E), each agency, upon any request for records which (i) reasonably describes such records and (ii) is made in accordance with published rules stating the time, place, fees (if any), and procedures to be followed, shall make the records promptly available to any person.

        (B) In making any record available to a person under this paragraph, an agency shall provide the record in any form or format requested by the person if the record is readily reproducible by the agency in that form or format. Each agency shall make reasonable efforts to maintain its records in forms or formats that are reproducible for purposes of this section.

        (C) In responding under this paragraph to a request for records, an agency shall make reasonable efforts to search for the records in electronic form or format, except when such efforts would significantly interfere with the operation of the agency's automated information system.

        (D) For purposes of this paragraph, the term "search" means to review, manually or by automated means, agency records for the purpose of locating those records which are responsive to a request.

        (E) An agency, or part of an agency, that is an element of the intelligence community (as that term is defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))) shall not make any record available under this paragraph to--

            (i) any government entity, other than a State, territory, commonwealth, or district of the United States, or any subdivision thereof; or

            (ii) a representative of a government entity described in clause (i).

    (4)(A)(i) In order to carry out the provisions of this section, each agency shall promulgate regulations, pursuant to notice and receipt of public comment, specifying the schedule of fees applicable to the processing of requests under this section and establishing procedures and guidelines for determining when such fees should be waived or reduced. Such schedule shall conform to the guidelines which shall be promulgated, pursuant to notice and receipt of public comment, by the Director of the Office of Management and Budget and which shall provide for a uniform schedule of fees for all agencies.

            (ii) Such agency regulations shall provide that--

                (I) fees shall be limited to reasonable standard charges for document search, duplication, and review, when records are requested for commercial use;

                (II) fees shall be limited to reasonable standard charges for document duplication when records are not sought for commercial use and the request is made by an educational or noncommercial scientific institution, whose purpose is scholarly or scientific research; or a representative of the news media; and

                (III) for any request not described in (I) or (II), fees shall be limited to reasonable standard charges for document search and duplication.

            (iii) Documents shall be furnished without any charge or at a charge reduced below the fees established under clause (ii) if disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester.

            (iv) Fee schedules shall provide for the recovery of only the direct costs of search, duplication, or review. Review costs shall include only the direct costs incurred during the initial examination of a document for the purposes of determining whether the documents must be disclosed under this section and for the purposes of withholding any portions exempt from disclosure under this section. Review costs may not include any costs incurred in resolving issues of law or policy that may be raised in the course of processing a request under this section. No fee may be charged by any agency under this section--

                (I) if the costs of routine collection and processing of the fee are likely to equal or exceed the amount of the fee; or

                (II) for any request described in clause (ii)(II) or (III) of this subparagraph for the first two hours of search time or for the first one hundred pages of duplication.

            (v) No agency may require advance payment of any fee unless the requester has previously failed to pay fees in a timely fashion, or the agency has determined that the fee will exceed $250.

            (vi) Nothing in this subparagraph shall supersede fees chargeable under a statute specifically providing for setting the level of fees for particular types of records.

            (vii) In any action by a requester regarding the waiver of fees under this section, the court shall determine the matter de novo, provided that the court's review of the matter shall be limited to the record before the agency.

        (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 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. In addition to any other matters to which a court accords substantial weight, a court shall accord substantial weight to an affidavit of an agency concerning the agency's determination as to technical feasibility under paragraph (2)(C) and subsection (b) and reproducibility under paragraph (3)(B).

        (C) Notwithstanding any other provision of law, the defendant shall serve an answer or otherwise plead to any complaint made under this subsection within thirty days after service upon the defendant of the pleading in which such complaint is made, unless the court other wise directs for good cause is shown.

        (D) Repealed by Pub. L. 98-620, Title IV, 402(2), Nov. 8, 1984, 98 Stat. 3335, 3357.

        (E) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this section in which the complainant has substantially prevailed.

        (F) Whenever the court orders the production of any agency records improperly withheld from the complainant and assesses against the United States reasonable attorney fees and other litigation costs, and the court additionally issues a written finding that the circumstances surrounding the withholding raise questions whether agency personnel acted arbitrarily or capriciously with respect to the withholding, the Special Counsel shall promptly initiate a proceeding to determine whether disciplinary action is warranted against the officer or employee who was primarily responsible for the withholding. The Special Counsel, after investigation and consideration of the evidence submitted, shall submit his findings and recommendations to the administrative authority of the agency concerned and shall send copies of the findings and recommendations to the officer or employee or his representative. The administrative authority shall take the corrective action that the Special Counsel recommends.

        (G) In the event of noncompliance with the order of the court, the district court may punish for contempt the responsible employee, and in the case of a uniformed service, the responsible member.

    (5) Each agency having more than one member shall maintain and make available for public inspection a record of the final votes of each member in every agency proceeding.

    (6)(A) Each agency, upon any request for records made under paragraph (1), (2), or (3) of this subsection, shall--

            (i) determine within twenty 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; and

            (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 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)(i) In unusual circumstances as specified in this subparagraph, the time limits prescribed in either clause (i) or clause (ii) of subparagraph (A) may be extended by written notice to the person making such request setting forth the unusual circumstances for such extension and the date on which a determination is expected to be dispatched. No such notice shall specify a date that would result in an extension for more than ten working days, except as provided in clause (ii) of this subparagraph.

            (ii) With respect to a request for which a written notice under clause (i) extends the time limits prescribed under clause (i) of subparagraph (A), the agency shall notify the person making the request if the request cannot be processed within the time limit specified in that clause and shall provide the person an opportunity to limit the scope of the request so that it may be processed within that time limit or an opportunity to arrange with the agency an alternative time frame for processing the request or a modified request. Refusal by the person to reasonably modify the request or arrange such an alternative time frame shall be considered as a factor in determining whether exceptional circumstances exist for purposes of subparagraph (C).

            (iii) As used in this subparagraph, "unusual circumstances" means, but only to the extent reasonably necessary to the proper processing of the particular requests--

                (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 in a single request; or

                (III) the need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request or among two or more components of the agency having substantial subject matter interest therein.

            (iv) Each agency may promulgate regulations, pursuant to notice and receipt of public comment, providing for the aggregation of certain requests by the same requestor, or by a group of requestors acting in concert, if the agency reasonably believes that such requests actually constitute a single request, which would otherwise satisfy the unusual circumstances specified in this subparagraph, and the requests involve clearly related matters. Multiple requests involving unrelated matters shall not be aggregated.

        (C)(i) 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 its review of the records. Upon any determination by an agency to comply with a request for records, the records shall be made promptly available to such person making such request. Any notification of denial of any request for records under this subsection shall set forth the names and titles or positions of each person responsible for the denial of such request.

            (ii) For purposes of this subparagraph, the term "exceptional circumstances" does not include a delay that results from a predictable agency workload of requests under this section, unless the agency demonstrates reasonable progress in reducing its backlog of pending requests.

            (iii) Refusal by a person to reasonably modify the scope of a request or arrange an alternative time frame for processing the request (or a modified request) under clause (ii) after being given an opportunity to do so by the agency to whom the person made the request shall be considered as a factor in determining whether exceptional circumstances exist for purposes of this subparagraph.

        (D)(i) Each agency may promulgate regulations, pursuant to notice and receipt of public comment, providing for multitrack processing of requests for records based on the amount of work or time (or both) involved in processing requests.

            (ii) Regulations under this subparagraph may provide a person making a request that does not qualify for the fastest multitrack processing an opportunity to limit the scope of the request in order to qualify for faster processing.

            (iii) This subparagraph shall not be considered to affect the requirement under subparagraph (C) to exercise due diligence.

        (E)(i) Each agency shall promulgate regulations, pursuant to notice and receipt of public comment, providing for expedited processing of requests for records--

                (I) in cases in which the person requesting the records demonstrates a compelling need; and

                (II) in other cases determined by the agency.

            (ii) Notwithstanding clause (i), regulations under this subparagraph must ensure--

                (I) that a determination of whether to provide expedited processing shall be made, and notice of the determination shall be provided to the person making the request, within 10 days after the date of the request; and

                (II) expeditious consideration of administrative appeals of such determinations of whether to provide expedited processing.

            (iii) An agency shall process as soon as practicable any request for records to which the agency has granted expedited processing under this subparagraph. Agency action to deny or affirm denial of a request for expedited processing pursuant to this subparagraph, and failure by an agency to respond in a timely manner to such a request shall be subject to judicial review under paragraph (4), except that the judicial review shall be based on the record before the agency at the time of the determination.

            (iv) A district court of the United States shall not have jurisdiction to review an agency denial of expedited processing of a request for records after the agency has provided a complete response to the request.

            (v) For purposes of this subparagraph, the term "compelling need" means--

                (I) that a failure to obtain requested records on an expedited basis under this paragraph could reasonably be expected to pose an imminent threat to the life or physical safety of an individual; or

                (II) with respect to a request made by a person primarily engaged in disseminating information, urgency to inform the public concerning actual or alleged Federal Government activity.

            (vi) A demonstration of a compelling need by a person making a request for expedited processing shall be made by a statement certified by such person to be true and correct to the best of such person's knowledge and belief.

        (F) In denying a request for records, in whole or in part, an agency shall make a reasonable effort to estimate the volume of any requested matter the provision of which is denied, and shall provide any such estimate to the person making the request, unless providing such estimate would harm an interest protected by the exemption in subsection (b) pursuant to which the denial is made.

(b) This section does not apply to matters that are--

    (1)(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) are in fact properly classified pursuant to such 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;

    (4) trade secrets and commercial or financial information obtained from a person and privileged or confidential;

    (5) inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency;

    (6) personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;

    (7) records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information (A) could reasonably be expected to interfere with enforcement proceedings, (B) would deprive a person of a right to a fair trial or an impartial adjudication, (C) could reasonably be expected to constitute an unwarranted invasion of personal privacy, (D) could reasonably be expected to disclose the identity of a confidential source, including a State, local, or foreign agency or authority or any private institution which furnished information on a confidential basis, and, in the case of a record or information 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, information furnished by a confidential source, (E) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or (F) could reasonably be expected to endanger the life or physical safety of any individual;

    (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. The amount of information deleted shall be indicated on the released portion of the record, unless including that indication would harm an interest protected by the exemption in this subsection under which the deletion is made. If technically feasible, the amount of the information deleted shall be indicated at the place in the record where such deletion is made.

(c)(1) Whenever a request is made which involves access to records described in subsection (b)(7)(A) and--

        (A) the investigation or proceeding involves a possible violation of criminal law; and

        (B) there is reason to believe that (i) the subject of the investigation or proceeding is not aware of its pendency, and (ii) disclosure of the existence of the records could reasonably be expected to interfere with enforcement proceedings, the agency may, during only such time as that circumstance continues, treat the records as not subject to the requirements of this section.

    (2) Whenever informant records maintained by a criminal law enforcement agency under an informant's name or personal identifier are requested by a third party according to the informant's name or personal identifier, the agency may treat the records as not subject to the requirements of this section unless the informant's status as an informant has been officially confirmed.

    (3) Whenever a request is made which involves access to records maintained by the Federal Bureau of Investigation pertaining to foreign intelligence or counterintelligence, or international terrorism, and the existence of the records is classified information as provided in subsection (b)(1), the Bureau may, as long as the existence of the records remains classified information, treat the records as not subject to the requirements of this section.

(d) This section does not authorize the withholding of information or limit the availability of records to the public, except as specifically stated in this section. This section is not authority to withhold information from Congress.

(e)(1) On or before February 1 of each year, each agency shall submit to the Attorney General of the United States a report which shall cover the preceding fiscal year and which shall include--

        (A) the number of determinations made by the agency not to comply with requests for records made to such agency under subsection (a) and the reasons for each such determination;

        (B)(i) the number of appeals made by persons under subsection (a)(6), the result of such appeals, and the reason for the action upon each appeal that results in a denial of information; and

            (ii) a complete list of all statutes that the agency relies upon to authorize the agency to withhold information under subsection (b)(3), a description of whether a court has upheld the decision of the agency to withhold information under each such statute, and a concise description of the scope of any information withheld;

        (C) the number of requests for records pending before the agency as of September 30 of the preceding year, and the median number of days that such requests had been pending before the agency as of that date;

        (D) the number of requests for records received by the agency and the number of requests which the agency processed;

        (E) the median number of days taken by the agency to process different types of requests;

        (F) the total amount of fees collected by the agency for processing requests; and

        (G) the number of full-time staff of the agency devoted to processing requests for records under this section, and the total amount expended by the agency for processing such requests.

    (2) Each agency shall make each such report available to the public including by computer telecommunications, or if computer telecommunications means have not been established by the agency, by other electronic means.

    (3) The Attorney General of the United States shall make each report which has been made available by electronic means available at a single electronic access point. The Attorney General of the United States shall notify the Chairman and ranking minority member of the Committee on Government Reform and Oversight of the House of Representatives and the Chairman and ranking minority member of the Committees on Governmental Affairs and the Judiciary of the Senate, no later than April 1 of the year in which each such report is issued, that such reports are available by electronic means.

    (4) The Attorney General of the United States, in consultation with the Director of the Office of Management and Budget, shall develop reporting and performance guidelines in connection with reports required by this subsection by October 1, 1997, and may establish additional requirements for such reports as the Attorney General determines may be useful.

    (5) The Attorney General of the United States shall submit an annual report on or before April 1 of each calendar year which shall include for the prior calendar year a listing of the number of cases arising under this section, the exemption involved in each case, the disposition of such case, and the cost, fees, and penalties assessed under subparagraphs (E), (F), and (G) of subsection (a)(4). Such report shall also include a description of the efforts undertaken by the Department of Justice to encourage agency compliance with this section.

(f) For purposes of this section, the term--

    (1) "agency" as defined in section 551(1) of this title includes any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency; and

    (2) "record" and any other term used in this section in reference to information includes any information that would be an agency record subject to the requirements of this section when maintained by an agency in any format, including an electronic format.

(g) The head of each agency shall prepare and make publicly available upon request, reference material or a guide for requesting records or information from the agency, subject to the exemptions in subsection (b), including--

    (1) an index of all major information systems of the agency;

    (2) a description of major information and record locator systems maintained by the agency; and

    (3) a handbook for obtaining various types and categories of public information from the agency pursuant to chapter 35 of title 44, and under this section.


Go to: DOJ FOIA Page // Justice Department Home Page


Last Updated December 23, 2002
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