A 1973 Supreme Court decision and related Senate hearings focused Congressional criticism on the 1966 Freedom of Information Act

admin2010-07-06  34

问题      A 1973 Supreme Court decision and related Senate hearings focused Congressional criticism on the 1966 Freedom of Information Act. Its unconditional exemption of any material stamped" classified "—i, e., containing information considered relevant to national security—forced the Court to uphold non-disclosure in EPA v. Mink. Justice Potter Stewart explained that the Act provided "no means to question a decision to stamp a document ’secret’ ". Senate witnesses testified that the wording of certain articles in the Act permitted bureaucrats to discourage requests for newsworthy documents.
     In response, a House committee drafted HR 12471,proposing several amendments to the Act. A provision was reworded to ensure release of documents to any applicant providing a" reasonable description" —exact titles and numbers were no longer to be mandatory. The courts were empowered to review classified documents and rule on their status. The Senate companion bill, S 2543, included these provisions as well as others: standardization of search and copy fees, sanctions against non-compliant Federal employees, and a provision for non-exempt portions of a classified document to be released.
     The Justice and Defense departments objected to the changes as "costly, burdensome, and inflexible". They argued that the time limits imposed on response" might actually hamper access to information". The Pentagon asserted that judicial review of exemptions could pose a threat to national security. President Ford, upon taking office in August 1974, concurred (同意).
     HR 12471 passed in March 1974;S 2543 was approved in May after the adoption of further amendments to reduce the number of unconditional exemptions granted in 1966. The Hart Amendment , for instance, mandated disclosure of law enforcement records, unless their release would interfere  with a trial or investigation, invade personal privacy, or disclose an informer’s identity. This amendment provoked another Presidential objection: Millions of pages of FBI records would be subject to public scrutiny, unless each individual section were proven exempt.
     Before submitting the legislation to Ford: a joint conference of both houses amalgamated (混合) the two versions of the bill, while making further changes to incorporate Ford’s criticisms. The administration of disciplinary sanctions was transferred from the courts to the executive branch; provisions were included to accord due weight to departmental expertise in the evaluation of" classified"  exemptions. The identity of confidential sources was in all cases to be protected. Ford nevertheless vetoed (否决) the bill, but was overridden by a two-thirds vote in both houses.
It can be inferred that the provisions of the 1966 Freedom of Information Act permitted all of the following EXCEPT?

选项 A、Agency denial of a request for information not accompanied by the title and number of the specific document.
B、Release of law enforcement records which might have revealed the identity of an informer.
C、Delay in the release of potentially newsworthy documents.
D、Unreasonable charges for the reproduction of requested documents.

答案B

解析 这是一道细节题,旨在选出在1966年的信息自由法案条款中未提及的内容。A 可从第二段“A provision was…longer to be mandatory.”中得到肯定。在第一段Senate witnesses…documents.中提及了 C 。在第二段中提到了standardization of search and copy fees说明D 也是之一法案中的内容之一。只有 B 没有提到。
转载请注明原文地址:https://jikaoti.com/ti/dwisFFFM
0

最新回复(0)