text:
United States Code/Title 5/Chapter 5/Section 552a

§ 552a. Records maintained on individuals

 * (a) Definitions.— For purposes of this section—
 * (1) the term “agency” means agency as defined in section 552 (e) [1] of this title;
 * (2) the term “individual” means a citizen of the United States or an alien lawfully admitted for permanent residence;
 * (3) the term “maintain” includes maintain, collect, use, or disseminate;
 * (4) the term “record” means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph;
 * (5) the term “system of records” means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual;
 * (6) the term “statistical record” means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by section 8 of title 13;
 * (7) the term “routine use” means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected;
 * (8) the term “matching program”—
 * (A) means any computerized comparison of—
 * (i) two or more automated systems of records or a system of records with non-Federal records for the purpose of—
 * (I) establishing or verifying the eligibility of, or continuing compliance with statutory and regulatory requirements by, applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under Federal benefit programs, or
 * (II) recouping payments or delinquent debts under such Federal benefit programs, or
 * (ii) two or more automated Federal personnel or payroll systems of records or a system of Federal personnel or payroll records with non-Federal records,
 * (B) but does not include—
 * (i) matches performed to produce aggregate statistical data without any personal identifiers;
 * (ii) matches performed to support any research or statistical project, the specific data of which may not be used to make decisions concerning the rights, benefits, or privileges of specific individuals;
 * (iii) matches performed, by an agency (or component thereof) which performs as its principal function any activity pertaining to the enforcement of criminal laws, subsequent to the initiation of a specific criminal or civil law enforcement investigation of a named person or persons for the purpose of gathering evidence against such person or persons;
 * (iv) matches of tax information
 * (I) pursuant to section 6103(d) of the Internal Revenue Code of 1986,
 * (II) for purposes of tax administration as defined in section 6103(b)(4) of such Code,
 * (III) for the purpose of intercepting a tax refund due an individual under authority granted by section 404(e), 464, or 1137 of the Social Security Act; or
 * (IV) for the purpose of intercepting a tax refund due an individual under any other tax refund intercept program authorized by statute which has been determined by the Director of the Office of Management and Budget to contain verification, notice, and hearing requirements that are substantially similar to the procedures in section 1137 of the Social Security Act;
 * (v) matches—
 * (I) using records predominantly relating to Federal personnel, that are performed for routine administrative purposes (subject to guidance provided by the Director of the Office of Management and Budget pursuant to subsection (v)); or
 * (II) conducted by an agency using only records from systems of records maintained by that agency;
 * if the purpose of the match is not to take any adverse financial, personnel, disciplinary, or other adverse action against Federal personnel;
 * (vi) matches performed for foreign counterintelligence purposes or to produce background checks for security clearances of Federal personnel or Federal contractor personnel;
 * (vii) matches performed incident to a levy described in section 6103(k)(8) of the Internal Revenue Code of 1986; or
 * (viii) matches performed pursuant to section 202(x)(3) or 1611(e)(1) of the Social Security Act (42 U.S.C. 402 (x)(3), 1382 (e)(1));
 * (9) the term “recipient agency” means any agency, or contractor thereof, receiving records contained in a system of records from a source agency for use in a matching program;
 * (10) the term “non-Federal agency” means any State or local government, or agency thereof, which receives records contained in a system of records from a source agency for use in a matching program;
 * (11) the term “source agency” means any agency which discloses records contained in a system of records to be used in a matching program, or any State or local government, or agency thereof, which discloses records to be used in a matching program;
 * (12) the term “Federal benefit program” means any program administered or funded by the Federal Government, or by any agent or State on behalf of the Federal Government, providing cash or in-kind assistance in the form of payments, grants, loans, or loan guarantees to individuals; and
 * (13) the term “Federal personnel” means officers and employees of the Government of the United States, members of the uniformed services (including members of the Reserve Components), individuals entitled to receive immediate or deferred retirement benefits under any retirement program of the Government of the United States (including survivor benefits).

 * (b) Conditions of Disclosure.— No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be—
 * (1) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties;
 * (2) required under section 552 of this title;
 * (3) for a routine use as defined in subsection (a)(7) of this section and described under subsection (e)(4)(D) of this section;
 * (4) to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13;
 * (5) to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable;
 * (6) to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value;
 * (7) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought;
 * (8) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual;
 * (9) to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee;
 * (10) to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the Government Accountability Office;
 * (11) pursuant to the order of a court of competent jurisdiction; or
 * (12) to a consumer reporting agency in accordance with section 3711 (e) of title 31.

 * (c) Accounting of Certain Disclosures.— Each agency, with respect to each system of records under its control, shall—
 * (1) except for disclosures made under subsections (b)(1) or (b)(2) of this section, keep an accurate accounting of—
 * (A) the date, nature, and purpose of each disclosure of a record to any person or to another agency made under subsection (b) of this section; and
 * (B) the name and address of the person or agency to whom the disclosure is made;
 * (2) retain the accounting made under paragraph (1) of this subsection for at least five years or the life of the record, whichever is longer, after the disclosure for which the accounting is made;
 * (3) except for disclosures made under subsection (b)(7) of this section, make the accounting made under paragraph (1) of this subsection available to the individual named in the record at his request; and
 * (4) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection (d) of this section of any record that has been disclosed to the person or agency if an accounting of the disclosure was made.

 * (d) Access to Records.— Each agency that maintains a system of records shall—
 * (1) upon request by any individual to gain access to his record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency may require the individual to furnish a written statement authorizing discussion of that individual’s record in the accompanying person’s presence;
 * (2) permit the individual to request amendment of a record pertaining to him and—
 * (A) not later than 10 days (excluding Saturdays, Sundays, and legal public holidays) after the date of receipt of such request, acknowledge in writing such receipt; and
 * (B) promptly, either—
 * (i) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete; or
 * (ii) inform the individual of its refusal to amend the record in accordance with his request, the reason for the refusal, the procedures established by the agency for the individual to request a review of that refusal by the head of the agency or an officer designated by the head of the agency, and the name and business address of that official;
 * (3) permit the individual who disagrees with the refusal of the agency to amend his record to request a review of such refusal, and not later than 30 days (excluding Saturdays, Sundays, and legal public holidays) from the date on which the individual requests such review, complete such review and make a final determination unless, for good cause shown, the head of the agency extends such 30-day period; and if, after his review, the reviewing official also refuses to amend the record in accordance with the request, permit the individual to file with the agency a concise statement setting forth the reasons for his disagreement with the refusal of the agency, and notify the individual of the provisions for judicial review of the reviewing official’s determination under subsection (g)(1)(A) of this section;
 * (4) in any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph (3) of this subsection, clearly note any portion of the record which is disputed and provide copies of the statement and, if the agency deems it appropriate, copies of a concise statement of the reasons of the agency for not making the amendments requested, to persons or other agencies to whom the disputed record has been disclosed; and
 * (5) nothing in this section shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding.

 * (e) Agency Requirements.— Each agency that maintains a system of records shall—
 * (1) maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required to be accomplished by statute or by executive order of the President;
 * (2) collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individual’s rights, benefits, and privileges under Federal programs;
 * (3) inform each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual—
 * (A) the authority (whether granted by statute, or by executive order of the President) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary;
 * (B) the principal purpose or purposes for which the information is intended to be used;
 * (C) the routine uses which may be made of the information, as published pursuant to paragraph (4)(D) of this subsection; and
 * (D) the effects on him, if any, of not providing all or any part of the requested information;
 * (4) subject to the provisions of paragraph (11) of this subsection, publish in the Federal Register upon establishment or revision a notice of the existence and character of the system of records, which notice shall include—
 * (A) the name and location of the system;
 * (B) the categories of individuals on whom records are maintained in the system;
 * (C) the categories of records maintained in the system;
 * (D) each routine use of the records contained in the system, including the categories of users and the purpose of such use;
 * (E) the policies and practices of the agency regarding storage, retrievability, access controls, retention, and disposal of the records;
 * (F) the title and business address of the agency official who is responsible for the system of records;
 * (G) the agency procedures whereby an individual can be notified at his request if the system of records contains a record pertaining to him;
 * (H) the agency procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to him contained in the system of records, and how he can contest its content; and
 * (I) the categories of sources of records in the system;
 * (5) maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination;
 * (6) prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pursuant to subsection (b)(2) of this section, make reasonable efforts to assure that such records are accurate, complete, timely, and relevant for agency purposes;
 * (7) maintain no record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity;
 * (8) make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record;
 * (9) establish rules of conduct for persons involved in the design, development, operation, or maintenance of any system of records, or in maintaining any record, and instruct each such person with respect to such rules and the requirements of this section, including any other rules and procedures adopted pursuant to this section and the penalties for noncompliance;
 * (10) establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained;
 * (11) at least 30 days prior to publication of information under paragraph (4)(D) of this subsection, publish in the Federal Register notice of any new use or intended use of the information in the system, and provide an opportunity for interested persons to submit written data, views, or arguments to the agency; and
 * (12) if such agency is a recipient agency or a source agency in a matching program with a non-Federal agency, with respect to any establishment or revision of a matching program, at least 30 days prior to conducting such program, publish in the Federal Register notice of such establishment or revision.

 * (f) Agency Rules.— In order to carry out the provisions of this section, each agency that maintains a system of records shall promulgate rules, in accordance with the requirements (including general notice) of section 553 of this title, which shall—
 * (1) establish procedures whereby an individual can be notified in response to his request if any system of records named by the individual contains a record pertaining to him;
 * (2) define reasonable times, places, and requirements for identifying an individual who requests his record or information pertaining to him before the agency shall make the record or information available to the individual;
 * (3) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclosure to an individual of medical records, including psychological records, pertaining to him;
 * (4) establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the agency of an initial adverse agency determination, and for whatever additional means may be necessary for each individual to be able to exercise fully his rights under this section; and
 * (5) establish fees to be charged, if any, to any individual for making copies of his record, excluding the cost of any search for and review of the record.
 * The Office of the Federal Register shall biennially compile and publish the rules promulgated under this subsection and agency notices published under subsection (e)(4) of this section in a form available to the public at low cost.

 * (g)
 * (1) Civil Remedies.— Whenever any agency
 * (A) makes a determination under subsection (d)(3) of this section not to amend an individual’s record in accordance with his request, or fails to make such review in conformity with that subsection;
 * (B) refuses to comply with an individual request under subsection (d)(1) of this section;
 * (C) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual; or
 * (D) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual,

the individual may bring a civil action against the agency, and the district courts of the United States shall have jurisdiction in the matters under the provisions of this subsection.
 * (2)
 * (A) In any suit brought under the provisions of subsection (g)(1)(A) of this section, the court may order the agency to amend the individual’s record in accordance with his request or in such other way as the court may direct. In such a case the court shall determine the matter de novo.
 * (B) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.
 * (3)
 * (A) In any suit brought under the provisions of subsection (g)(1)(B) of this section, the court may enjoin the agency from withholding the records and order the production to the complainant of any agency records improperly withheld from him. In such a case the court shall determine the matter de novo, and may examine the contents of any agency records in camera to determine whether the records or any portion thereof may be withheld under any of the exemptions set forth in subsection (k) of this section, and the burden is on the agency to sustain its action.
 * (B) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.
 * (4) In any suit brought under the provisions of subsection (g)(1)(C) or (D) of this section in which the court determines that the agency acted in a manner which was intentional or willful, the United States shall be liable to the individual in an amount equal to the sum of—
 * (A) actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recovery receive less than the sum of $1,000; and
 * (B) the costs of the action together with reasonable attorney fees as determined by the court.
 * (5) An action to enforce any liability created under this section may be brought in 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, without regard to the amount in controversy, within two years from the date on which the cause of action arises, except that where an agency has materially and willfully misrepresented any information required under this section to be disclosed to an individual and the information so misrepresented is material to establishment of the liability of the agency to the individual under this section, the action may be brought at any time within two years after discovery by the individual of the misrepresentation. Nothing in this section shall be construed to authorize any civil action by reason of any injury sustained as the result of a disclosure of a record prior to September 27, 1975.

 * (h) Rights of Legal Guardians.— For the purposes of this section, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, may act on behalf of the individual.

 * (i)
 * (1) Criminal Penalties.— Any officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000.
 * (2) Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection (e)(4) of this section shall be guilty of a misdemeanor and fined not more than $5,000.
 * (3) Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than $5,000.

 * (j) General Exemptions.— The head of any agency may promulgate rules, in accordance with the requirements (including general notice) of sections 553 (b)(1), (2), and (3), (c), and (e) of this title, to exempt any system of records within the agency from any part of this section except subsections (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11), and (i) if the system of records is—
 * (1) maintained by the Central Intelligence Agency; or
 * (2) maintained by an agency or component thereof which performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals, and the activities of prosecutors, courts, correctional, probation, pardon, or parole authorities, and which consists of
 * (A) information compiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status;
 * (B) information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual; or
 * (C) reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervision.
 * At the time rules are adopted under this subsection, the agency shall include in the statement required under section 553 (c) of this title, the reasons why the system of records is to be exempted from a provision of this section.

 * (k) Specific Exemptions.— The head of any agency may promulgate rules, in accordance with the requirements (including general notice) of sections 553 (b)(1), (2), and (3), (c), and (e) of this title, to exempt any system of records within the agency from subsections (c)(3), (d), (e)(1), (e)(4)(G), (H), and (I) and (f) of this section if the system of records is—
 * (1) subject to the provisions of section 552 (b)(1) of this title;
 * (2) investigatory material compiled for law enforcement purposes, other than material within the scope of subsection (j)(2) of this section: Provided, however, That if any individual is denied any right, privilege, or benefit that he would otherwise be entitled by Federal law, or for which he would otherwise be eligible, as a result of the maintenance of such material, such material shall be provided to such individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence;
 * (3) maintained in connection with providing protective services to the President of the United States or other individuals pursuant to section 3056 of title 18;
 * (4) required by statute to be maintained and used solely as statistical records;
 * (5) investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment, military service, Federal contracts, or access to classified information, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence;
 * (6) testing or examination material used solely to determine individual qualifications for appointment or promotion in the Federal service the disclosure of which would compromise the objectivity or fairness of the testing or examination process; or
 * (7) evaluation material used to determine potential for promotion in the armed services, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence.
 * At the time rules are adopted under this subsection, the agency shall include in the statement required under section 553 (c) of this title, the reasons why the system of records is to be exempted from a provision of this section.

 * (l)
 * (1) Archival Records.— Each agency record which is accepted by the Archivist of the United States for storage, processing, and servicing in accordance with section 3103 of title 44 shall, for the purposes of this section, be considered to be maintained by the agency which deposited the record and shall be subject to the provisions of this section. The Archivist of the United States shall not disclose the record except to the agency which maintains the record, or under rules established by that agency which are not inconsistent with the provisions of this section.
 * (2) Each agency record pertaining to an identifiable individual which was transferred to the National Archives of the United States as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, prior to the effective date of this section, shall, for the purposes of this section, be considered to be maintained by the National Archives and shall not be subject to the provisions of this section, except that a statement generally describing such records (modeled after the requirements relating to records subject to subsections (e)(4)(A) through (G) of this section) shall be published in the Federal Register.
 * (3) Each agency record pertaining to an identifiable individual which is transferred to the National Archives of the United States as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, on or after the effective date of this section, shall, for the purposes of this section, be considered to be maintained by the National Archives and shall be exempt from the requirements of this section except subsections (e)(4)(A) through (G) and (e)(9) of this section.

 * (m)
 * (1) Government Contractors.— When an agency provides by a contract for the operation by or on behalf of the agency of a system of records to accomplish an agency function, the agency shall, consistent with its authority, cause the requirements of this section to be applied to such system. For purposes of subsection (i) of this section any such contractor and any employee of such contractor, if such contract is agreed to on or after the effective date of this section, shall be considered to be an employee of an agency.
 * (2) A consumer reporting agency to which a record is disclosed under section 3711 (e) of title 31 shall not be considered a contractor for the purposes of this section.

 * (n) Mailing Lists.— An individual’s name and address may not be sold or rented by an agency unless such action is specifically authorized by law. This provision shall not be construed to require the withholding of names and addresses otherwise permitted to be made public.

 * (o) Matching Agreements.—
 * (1) No record which is contained in a system of records may be disclosed to a recipient agency or non-Federal agency for use in a computer matching program except pursuant to a written agreement between the source agency and the recipient agency or non-Federal agency specifying—
 * (A) the purpose and legal authority for conducting the program;
 * (B) the justification for the program and the anticipated results, including a specific estimate of any savings;
 * (C) a description of the records that will be matched, including each data element that will be used, the approximate number of records that will be matched, and the projected starting and completion dates of the matching program;
 * (D) procedures for providing individualized notice at the time of application, and notice periodically thereafter as directed by the Data Integrity Board of such agency (subject to guidance provided by the Director of the Office of Management and Budget pursuant to subsection (v)), to—
 * (i) applicants for and recipients of financial assistance or payments under Federal benefit programs, and
 * (ii) applicants for and holders of positions as Federal personnel,

that any information provided by such applicants, recipients, holders, and individuals may be subject to verification through matching programs;
 * (E) procedures for verifying information produced in such matching program as required by subsection (p);
 * (F) procedures for the retention and timely destruction of identifiable records created by a recipient agency or non-Federal agency in such matching program;
 * (G) procedures for ensuring the administrative, technical, and physical security of the records matched and the results of such programs;
 * (H) prohibitions on duplication and redisclosure of records provided by the source agency within or outside the recipient agency or the non-Federal agency, except where required by law or essential to the conduct of the matching program;
 * (I) procedures governing the use by a recipient agency or non-Federal agency of records provided in a matching program by a source agency, including procedures governing return of the records to the source agency or destruction of records used in such program;
 * (J) information on assessments that have been made on the accuracy of the records that will be used in such matching program; and
 * (K) that the Comptroller General may have access to all records of a recipient agency or a non-Federal agency that the Comptroller General deems necessary in order to monitor or verify compliance with the agreement.
 * (2)
 * (A) A copy of each agreement entered into pursuant to paragraph (1) shall—
 * (i) be transmitted to the Committee on Governmental Affairs of the Senate and the Committee on Government Operations of the House of Representatives; and
 * (ii) be available upon request to the public.
 * (B) No such agreement shall be effective until 30 days after the date on which such a copy is transmitted pursuant to subparagraph (A)(i).
 * (C) Such an agreement shall remain in effect only for such period, not to exceed 18 months, as the Data Integrity Board of the agency determines is appropriate in light of the purposes, and length of time necessary for the conduct, of the matching program.
 * (D) Within 3 months prior to the expiration of such an agreement pursuant to subparagraph (C), the Data Integrity Board of the agency may, without additional review, renew the matching agreement for a current, ongoing matching program for not more than one additional year if—
 * (i) such program will be conducted without any change; and
 * (ii) each party to the agreement certifies to the Board in writing that the program has been conducted in compliance with the agreement.

 * (p) Verification and Opportunity to Contest Findings.—
 * (1) In order to protect any individual whose records are used in a matching program, no recipient agency, non-Federal agency, or source agency may suspend, terminate, reduce, or make a final denial of any financial assistance or payment under a Federal benefit program to such individual, or take other adverse action against such individual, as a result of information produced by such matching program, until—
 * (A)
 * (i) the agency has independently verified the information; or
 * (ii) the Data Integrity Board of the agency, or in the case of a non-Federal agency the Data Integrity Board of the source agency, determines in accordance with guidance issued by the Director of the Office of Management and Budget that—
 * (I) the information is limited to identification and amount of benefits paid by the source agency under a Federal benefit program; and
 * (II) there is a high degree of confidence that the information provided to the recipient agency is accurate;
 * (B) the individual receives a notice from the agency containing a statement of its findings and informing the individual of the opportunity to contest such findings; and
 * (C)
 * (i) the expiration of any time period established for the program by statute or regulation for the individual to respond to that notice; or
 * (ii) in the case of a program for which no such period is established, the end of the 30-day period beginning on the date on which notice under subparagraph (B) is mailed or otherwise provided to the individual.
 * (2) Independent verification referred to in paragraph (1) requires investigation and confirmation of specific information relating to an individual that is used as a basis for an adverse action against the individual, including where applicable investigation and confirmation of—
 * (A) the amount of any asset or income involved;
 * (B) whether such individual actually has or had access to such asset or income for such individual’s own use; and
 * (C) the period or periods when the individual actually had such asset or income.
 * (3) Notwithstanding paragraph (1), an agency may take any appropriate action otherwise prohibited by such paragraph if the agency determines that the public health or public safety may be adversely affected or significantly threatened during any notice period required by such paragraph.

 * (q) Sanctions.—
 * (1) Notwithstanding any other provision of law, no source agency may disclose any record which is contained in a system of records to a recipient agency or non-Federal agency for a matching program if such source agency has reason to believe that the requirements of subsection (p), or any matching agreement entered into pursuant to subsection (o), or both, are not being met by such recipient agency.
 * (2) No source agency may renew a matching agreement unless—
 * (A) the recipient agency or non-Federal agency has certified that it has complied with the provisions of that agreement; and
 * (B) the source agency has no reason to believe that the certification is inaccurate.

 * (r) Report on New Systems and Matching Programs.— Each agency that proposes to establish or make a significant change in a system of records or a matching program shall provide adequate advance notice of any such proposal (in duplicate) to the Committee on Government Operations of the House of Representatives, the Committee on Governmental Affairs of the Senate, and the Office of Management and Budget in order to permit an evaluation of the probable or potential effect of such proposal on the privacy or other rights of individuals.

 * (s) Biennial Report.— The President shall biennially submit to the Speaker of the House of Representatives and the President pro tempore of the Senate a report—
 * (1) describing the actions of the Director of the Office of Management and Budget pursuant to section 6 of the Privacy Act of 1974 during the preceding 2 years;
 * (2) describing the exercise of individual rights of access and amendment under this section during such years;
 * (3) identifying changes in or additions to systems of records;
 * (4) containing such other information concerning administration of this section as may be necessary or useful to the Congress in reviewing the effectiveness of this section in carrying out the purposes of the Privacy Act of 1974.

 * (t)
 * (1) Effect of Other Laws.— No agency shall rely on any exemption contained in section 552 of this title to withhold from an individual any record which is otherwise accessible to such individual under the provisions of this section.
 * (2) No agency shall rely on any exemption in this section to withhold from an individual any record which is otherwise accessible to such individual under the provisions of section 552 of this title.

 * (u) Data Integrity Boards.—
 * (1) Every agency conducting or participating in a matching program shall establish a Data Integrity Board to oversee and coordinate among the various components of such agency the agency’s implementation of this section.
 * (2) Each Data Integrity Board shall consist of senior officials designated by the head of the agency, and shall include any senior official designated by the head of the agency as responsible for implementation of this section, and the inspector general of the agency, if any. The inspector general shall not serve as chairman of the Data Integrity Board.
 * (3) Each Data Integrity Board—
 * (A) shall review, approve, and maintain all written agreements for receipt or disclosure of agency records for matching programs to ensure compliance with subsection (o), and all relevant statutes, regulations, and guidelines;
 * (B) shall review all matching programs in which the agency has participated during the year, either as a source agency or recipient agency, determine compliance with applicable laws, regulations, guidelines, and agency agreements, and assess the costs and benefits of such programs;
 * (C) shall review all recurring matching programs in which the agency has participated during the year, either as a source agency or recipient agency, for continued justification for such disclosures;
 * (D) shall compile an annual report, which shall be submitted to the head of the agency and the Office of Management and Budget and made available to the public on request, describing the matching activities of the agency, including—
 * (i) matching programs in which the agency has participated as a source agency or recipient agency;
 * (ii) matching agreements proposed under subsection (o) that were disapproved by the Board;
 * (iii) any changes in membership or structure of the Board in the preceding year;
 * (iv) the reasons for any waiver of the requirement in paragraph (4) of this section for completion and submission of a cost-benefit analysis prior to the approval of a matching program;
 * (v) any violations of matching agreements that have been alleged or identified and any corrective action taken; and
 * (vi) any other information required by the Director of the Office of Management and Budget to be included in such report;
 * (E) shall serve as a clearinghouse for receiving and providing information on the accuracy, completeness, and reliability of records used in matching programs;
 * (F) shall provide interpretation and guidance to agency components and personnel on the requirements of this section for matching programs;
 * (G) shall review agency recordkeeping and disposal policies and practices for matching programs to assure compliance with this section; and
 * (H) may review and report on any agency matching activities that are not matching programs.
 * (4)
 * (A) Except as provided in subparagraphs (B) and (C), a Data Integrity Board shall not approve any written agreement for a matching program unless the agency has completed and submitted to such Board a cost-benefit analysis of the proposed program and such analysis demonstrates that the program is likely to be cost effective.[2]
 * (B) The Board may waive the requirements of subparagraph (A) of this paragraph if it determines in writing, in accordance with guidelines prescribed by the Director of the Office of Management and Budget, that a cost-benefit analysis is not required.
 * (C) A cost-benefit analysis shall not be required under subparagraph (A) prior to the initial approval of a written agreement for a matching program that is specifically required by statute. Any subsequent written agreement for such a program shall not be approved by the Data Integrity Board unless the agency has submitted a cost-benefit analysis of the program as conducted under the preceding approval of such agreement.
 * (5)
 * (A) If a matching agreement is disapproved by a Data Integrity Board, any party to such agreement may appeal the disapproval to the Director of the Office of Management and Budget. Timely notice of the filing of such an appeal shall be provided by the Director of the Office of Management and Budget to the Committee on Governmental Affairs of the Senate and the Committee on Government Operations of the House of Representatives.
 * (B) The Director of the Office of Management and Budget may approve a matching agreement notwithstanding the disapproval of a Data Integrity Board if the Director determines that—
 * (i) the matching program will be consistent with all applicable legal, regulatory, and policy requirements;
 * (ii) there is adequate evidence that the matching agreement will be cost-effective; and
 * (iii) the matching program is in the public interest.
 * (C) The decision of the Director to approve a matching agreement shall not take effect until 30 days after it is reported to committees described in subparagraph (A).
 * (D) If the Data Integrity Board and the Director of the Office of Management and Budget disapprove a matching program proposed by the inspector general of an agency, the inspector general may report the disapproval to the head of the agency and to the Congress.
 * (6) In the reports required by paragraph (3)(D), agency matching activities that are not matching programs may be reported on an aggregate basis, if and to the extent necessary to protect ongoing law enforcement or counterintelligence investigations.
 * (v) Office of Management and Budget Responsibilities.— The Director of the Office of Management and Budget shall—
 * (1) develop and, after notice and opportunity for public comment, prescribe guidelines and regulations for the use of agencies in implementing the provisions of this section; and
 * (2) provide continuing assistance to and oversight of the implementation of this section by agencies.


text: 1911 Encyclopædia Britannica/Gemmi Pass

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/

title: 1911 Encyclopædia Britannica/Gemmi Pass


text:
Page:Syria, the land of Lebanon (1914).djvu/246

SYRIA, THE LAND OF LEBANON swing open to the Garden of the Gods; now they are seen in profile, like a giant finger pointing upward. When the evening glow falls upon them, the stone takes on a yellowish tinge and the slender shafts look like a golden grating which some old master has put between the panels of his daring picture of brazen clouds and dazzling mountaintops. Even the long colonnades of Palmyra lack something of the peculiar grandeur of the six columns of Baalbek, as they stand guard over the ruined Temple of Baal, with nothing to rival their towering grandeur save the eternal peaks of Lebanon.

Yet, though these columns are the most beautiful things in Baalbek, they are not its greatest marvel; for in the foundations of the acropolis are stones so immense that we can only guess at the means employed to quarry and transport and lift into place these huge masses of rock.

Parallel to the north side of the Temple of the Sun is an outer wall ten feet thick and composed of nine stones, each thirty feet long and thirteen feet high; in the west foundation-wall of the acropolis are seven other stones of equal size, not lying upon the ground but set on lower tiers; and just above these is a series of three stones which are probably the largest ever handled by man.

These tremendous three were so renowned in ancient times that the temple above them came to be known as the Trilithon. They are each thirteen feet [ 198 ]


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Rh unjust by the people, so that they rescued him to try him themselves; whereupon, they, as it turned out, found him even guiltier than the court had done, and forthwith proceeded to execution; so that the gallows presented the truly warning spectacle of a man hanged by his friends.

But not to such extremities, or anything like them, did the present crowd come; they, for the time, being content with putting the negro fairly and discreetly to the question; among other things, asking him, had he any documentary proof, any plain paper about him, attesting that his case was not a spurious one.

"No, no, dis poor ole darkie haint none o' dem waloable papers," he wailed.

"But is there not some one who can speak a good word for you?" here said a person newly arrived from another part of the boat, a young Episcopal clergyman, in a long, straight-bodied black coat; small in stature, but manly; with a clear face and blue eye; innocence, tenderness, and good sense triumvirate in his air. "Oh yes, oh yes, ge'mmen," he eagerly answered, as if his memory, before suddenly frozen up by cold charity, as suddenly thawed back into fluidity at the first kindly word. "Oh yes, oh yes, dar is aboard here a werry nice, good ge'mman wid a weed, and a ge'mman in a gray coat and white tie, what knows all about me; and a ge'mman wid a big book, too; and a yarb-doctor; and a ge'mman in a yaller west; and a ge'mman wid a brass plate; and a ge'mman in a wiolet robe; and a ge'mman as is a sodjer; and ever so many good, kind,

title: Page:The Confidence Man.djvu/31


text:
Page:Syria, the land of Lebanon (1914).djvu/249

THE GIANT STONES OF BAALBEK high, probably ten feet thick, and their lengths are respectively sixty-three, sixty-three and a half, and sixty-four feet. It is hard to realize their true dimensions, however; for these enormous blocks are set into the wall twenty-three feet above the ground, and are fitted together so closely that you can hardly insert the edge of a penknife between them. Look at them as long as you will, you can never fully see their bigness. Yet if only one were taken out of the wall, a space would be left large enough to contain a Pullman sleeping-car. Each stone, though it seems only of fitting size for this noble acropolis, weighs as much as many a coastwise steamer. If it were cut up into building blocks a foot thick, it would provide enough material to face a row of apartment houses two hundred feet long and six stories high. If it were sawn into flag-stones an inch thick, it would make a pavement three feet wide and over six miles in length.

The quarry from which was taken the material for the temples is about three-quarters of a mile from the acropolis. Here lies a still larger stone which, on account of some imperfection, was never completely separated from the mother rock. By this time we have no breath left for exclamations; hyperbole would be impossible; the simple measurements are astounding enough. The Hajr el-Hibla as it is called, is thirteen feet wide, fourteen feet high, seventy-one [ 199 ]


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18 honest ge'mmen more aboard what knows me and will speak for me, God bress 'em; yes, and what knows me as well as dis poor old darkie knows hisself, God bress him! Oh, find 'em, find 'em," he earnestly added, "and let 'em come quick, and show you all, ge'mmen, dat dis poor ole darkie is werry well wordy of all you kind ge'mmen's kind confidence."

"But how are we to find all these people in this great crowd?" was the question of a bystander, umbrella in hand; a middle-aged person, a country merchant apparently, whose natural good-feeling had been made at least cautious by the unnatural ill-feeling of the discharged custom-house officer.

"Where are we to find them?" half-rebukefully echoed the young Episcopal clergymen. "I will go find one to begin with," he quickly added, and, with kind haste suiting the action to the word, away he went.

"Wild goose chase!" croaked he with the wooden leg, now again drawing nigh. "Don't believe there's a soul of them aboard. Did ever beggar have such heaps of fine friends? He can walk fast enough when he tries, a good deal faster than I; but he can lie yet faster. He's some white operator, betwisted and painted up for a decoy. He and his friends are all humbugs." "Have you no charity, friend?" here in self-subdued tones, singularly contrasted with his unsubdued person, said a Methodist minister, advancing; a tall, muscular, martial-looking man, a Tennessean by birth, who in the

title: Page:The Confidence Man.djvu/32


text:
Page:Syria, the land of Lebanon (1914).djvu/250

SYRIA, THE LAND OF LEBANON feet long, and would weigh at least a thousand tons. It does not arouse our wonderment, however, as much as do those other stones, only a little smaller, which were actually finished and built into the wall.

How, indeed, were such huge blocks moved from the quarry to the acropolis? How were they lifted into place and fitted so nicely together? The question has not been answered to our entire satisfaction. We must acknowledge that those old Syrians—if they were Syrians—could perform feats of engineering that would challenge the science of the present day. The most plausible guess is that a long incline was built all the way from the quarry to the temple wall and then, through a prodigal expenditure of time and labor, the blocks were moved slowly up the regular slope, a fraction of an inch at a time, by balancing them back and forth on wooden rollers. But it is almost as easy to believe with the natives that there were giants in those days, and that the great stone which is still in the quarry was being carried along under her arm by a young woman, when she heard her baby cry, and so dropped her burden and left it there to be the wonderment of us puny folk. [ 200 ]


text: Dictionary of National Biography, 1885-1900/Aske, Robert


text:
Page:Popular tales from the Norse (1912).djvu/195

 Rh "Oh! I'm going to Hell, if I only knew the right way," answered the poor man.

"Well, you're not far wrong, for this is Hell," said the old man; "when you get inside they will be all for buying your flitch, for meat is scarce in Hell; but mind, you don't sell it unless you get the hand-quern which stands behind the door for it. "When you come out, I'll teach you how to handle the quern, for it's good to grind almost anything."

So the man with the flitch thanked the other for his good advice, and gave a great knock at the Devil's door.

When he got in, everything went just as the old man had said. All the devils, great and small, came swarming up to him like ants round an anthill, and each tried to outbid the other for the flitch.

"Well!" said the man, "by rights my old dame and I ought to have this flitch for our Christmas dinner; but since you have all set your hearts on it, I suppose I must give it up to you; but if I sell it at all, I'll have for it that quern behind the door yonder."

At first the Devil wouldn't hear of such a bargain, and chaffered and haggled with the man; but he stuck to what he said, and at last the Devil had to part with his quern. When the man got out into the yard, he asked the old woodcutter how he was to handle the quern; and after he had learned how to use it, he thanked the old man and went off home as fast as he could, but still the clock had struck twelve on Christmas eve before he reached his own door.

"Wherever in the world have you been?" said his old dame; "here have I sat hour after hour waiting and


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Rh Mexican war had been volunteer chaplain to a volunteer rifle-regiment.

"Charity is one thing, and truth is another," rejoined he with the wooden leg: "he's a rascal, I say."

"But why not, friend, put as charitable a construction as one can upon the poor fellow?" said the soldier-like Methodist, with increased difficulty maintaining a pacific demeanor towards one whose own asperity seemed so little to entitle him to it: "he looks honest, don't he?"

"Looks are one thing, and facts are another," snapped out the other perversely; "and as to your constructions, what construction can you put upon a rascal, but that a rascal he is?"

"Be not such a Canada thistle," urged the Methodist, with something less of patience than before. "Charity, man, charity."

"To where it belongs with your charity! to heaven with it!" again snapped out the other, diabolically; "here on earth, true charity dotes, and false charity plots. Who betrays a fool with a kiss, the charitable fool has the charity to believe is in love with him, and the charitable knave on the stand gives charitable testimony for his comrade in the box."

"Surely, friend," returned the noble Methodist, with much ado restraining his still waxing indignation—"surely, to say the least, you forget yourself. Apply it home," he continued, with exterior calmness tremulous with inkept emotion. "Suppose, now, I should exercise no charity in judging your own character by

title: Page:The Confidence Man.djvu/33


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20 the words which have fallen from you; what sort of vile, pitiless man do you think I would take you for?"

"No doubt"—with a grin—"some such pitiless man as has lost his piety in much the same way that the jockey loses his honesty."

"And how is that, friend?" still conscientiously holding back the old Adam in him, as if it were a mastiff he had by the neck.

"Never you mind how it is"—with a sneer; "but all horses aint virtuous, no more than all men kind; and come close to, and much dealt with, some things are catching. When you find me a virtuous jockey, I will find you a benevolent wise man."

"Some insinuation there."

"More fool you that are puzzled by it."

"Reprobate!" cried the other, his indignation now at last almost boiling over; "godless reprobate! if charity did not restrain me, I could call you by names you deserve."

"Could you, indeed?" with an insolent sneer.

"Yea, and teach you charity on the spot," cried the goaded Methodist, suddenly catching this exasperating opponent by his shabby coat-collar, and shaking him till his timber-toe clattered on the deck like a nine-pin. "You took me for a non-combatant did you? thought, seedy coward that you are, that you could abuse a Christian with impunity. You find your mistake"—with another hearty shake. "Well said and better done, church militant!" cried a voice.

title: Page:The Confidence Man.djvu/34


text:
Page:The Confidence Man.djvu/35

Rh "The white cravat against the world!" cried another.

"Bravo, bravo!" chorused many voices, with like enthusiasm taking sides with the resolute champion.

"You fools!" cried he with the wooden leg, writhing himself loose and inflamedly turning upon the throng; "you flock of fools, under this captain of fools, in this ship of fools!"

With which exclamations, followed by idle threats against his admonisher, this condign victim to justice hobbled away, as disdaining to hold further argument with such a rabble. But his scorn was more than repaid by the hisses that chased him, in which the brave Methodist, satisfied with the rebuke already administered, was, to omit still better reasons, too magnanimous to join. All he said was, pointing towards the departing recusant, "There he shambles off on his one lone leg, emblematic of his one-sided view of humanity."

"But trust your painted decoy," retorted the other from a distance, pointing back to the black cripple, "and I have my revenge."

"But we aint agoing to trust him!" shouted back a voice.

"So much the better," he jeered back. "Look you," he added, coming to a dead halt where he was; "look you, I have been called a Canada thistle. Very good. And a seedy one: still better. And the seedy Canada thistle has been pretty well shaken among ye best of all. Dare say some seed has been shaken out;

title: Page:The Confidence Man.djvu/35


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Page:The Confidence Man.djvu/36

22 and won't it spring though? And when it does spring, do you cut down the young thistles, and won't they spring the more? It's encouraging and coaxing 'em. Now, when with my thistles your farms shall be well stocked, why then—you may abandon 'em!"

"What does all that mean, now?" asked the country merchant, staring.

"Nothing; the foiled wolf's parting howl," said the Methodist. "Spleen, much spleen, which is the rickety child of his evil heart of unbelief: it has made him mad. I suspect him for one naturally reprobate. Oh, friends," raising his arms as in the pulpit, "oh beloved, how are we admonished by the melancholy spectacle of this raver. Let us profit by the lesson; and is it not this: that if, next to mistrusting Providence, there be aught that man should pray against, it is against mistrusting his fellow-man. I have been in mad-houses full of tragic mopers. and seen there the end of suspicion: the cynic, in the moody madness muttering in the corner; for years a barren fixture there; head lopped over, gnawing his own lip, vulture of himself; while, by fits and starts, from the corner opposite came the grimace of the idiot at him." "What an example," whispered one.

"Might deter Timon," was the response.

"Oh, oh, good ge'mmen, have you no confidence in dis poor ole darkie?" now wailed the returning negro, who, during the late scene, had stumped apart in alarm.

"Confidence in you?" echoed he who had whispered,

title: Page:The Confidence Man.djvu/36


text:
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Rh with abruptly changed air turning short round; "that remains to be seen."

"I tell you what it is, Ebony," in similarly changed tones said he who had responded to the whisperer, "yonder churl," pointing toward the wooden leg in the distance, "is, no doubt, a churlish fellow enough, and I would not wish to be like him; but that is no reason why you may not be some sort of black Jeremy Diddler."

"No confidence in dis poor ole darkie, den?"

"Before giving you our confidence," said a third, "we will wait the report of the kind gentleman, who went in search of one of your friends who was to speak for you."

"Very likely, in that case," said a fourth, "we shall wait here till Christmas. Shouldn't wonder, did we not see that kind gentleman again. After seeking awhile in vain, he will conclude he has been made a fool of, and so not return to us for pure shame. Fact is, I begin to feel a little qualmish about the darkie myself. Something queer about this darkie, depend upon it."

Once more the negro wailed, and turning in despair from the last speaker, imploringly caught the Methodist by the skirt of his coat. But a change had come over that before impassioned intercessor. With an irresolute and troubled air, he mutely eyed the suppliant; against whom, somehow, by what seemed instinctive influences, the distrusts first set on foot were now generally reviving, and, if anything, with added severity. "No confidence in dis poor ole darkie," yet again

title: Page:The Confidence Man.djvu/37


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24 wailed the negro, letting go the coat-skirts and turning appealingly all round him.

"Yes, my poor fellow, I have confidence in you," now exclaimed the country merchant before named, whom the negro's appeal, coming so piteously on the heel of pitilessness, seemed at last humanely to have decided in his favor. "And here, here is some proof of my trust," with which, tucking his umbrella under his arm, and diving down his hand into his pocket, he fished forth a purse, and, accidentally, along with it, his business card, which, unobserved, dropped to the deck. "Here, here, my poor fellow," he continued, extending a half dollar.

Not more grateful for the coin than the kindness, the cripple's face glowed like a polished copper saucepan, and shuffling a pace nigher, with one upstretched hand he received the alms, while, as unconsciously, his one advanced leather stump covered the card.

Done in despite of the general sentiment, the good deed of the merchant was not, perhaps, without its unwelcome return from the crowd, since that good deed seemed somehow to convey to them a sort of reproach. Still again, and more pertinaciously than ever, the cry arose against the negro, and still again he wailed forth his lament and appeal; among other things, repeating that the friends, of whom already he had partially run off the list, would freely speak for him, would anybody go find them.

"Why don't you go find 'em yourself?" demanded a gruff boatman.

title: Page:The Confidence Man.djvu/38


text:
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Rh "How can I go find 'em myself? Dis poor ole game-legged darkie's friends must come to him. Oh, whar, whar is dat good friend of dis darkie's, dat good man wid de weed?"

At this point, a steward ringing a bell came along, summoning all persons who had not got their tickets to step to the captain's office; an announcement which speedily thinned the throng about the black cripple, who himself soon forlornly stumped out of sight, probably on much the same errand as the rest.

title: Page:The Confidence Man.djvu/39


text:
United States Code/Title 5/Chapter 5/Section 552b

§ 552b. Open meetings

 * (a) For purposes of this section—
 * (1) the term “agency” means any agency, as defined in section 552 (e) [1] of this title, headed by a collegial body composed of two or more individual members, a majority of whom are appointed to such position by the President with the advice and consent of the Senate, and any subdivision thereof authorized to act on behalf of the agency;
 * (2) the term “meeting” means the deliberations of at least the number of individual agency members required to take action on behalf of the agency where such deliberations determine or result in the joint conduct or disposition of official agency business, but does not include deliberations required or permitted by subsection (d) or (e); and
 * (3) the term “member” means an individual who belongs to a collegial body heading an agency.

 * (b) Members shall not jointly conduct or dispose of agency business other than in accordance with this section. Except as provided in subsection (c), every portion of every meeting of an agency shall be open to public observation.

 * (c) Except in a case where the agency finds that the public interest requires otherwise, the second sentence of subsection (b) shall not apply to any portion of an agency meeting, and the requirements of subsections (d) and (e) shall not apply to any information pertaining to such meeting otherwise required by this section to be disclosed to the public, where the agency properly determines that such portion or portions of its meeting or the disclosure of such information is likely to—
 * (1) disclose matters that are
 * (A) specifically authorized under criteria established by an Executive order to be kept secret in the interests of national defense or foreign policy and
 * (B) in fact properly classified pursuant to such Executive order;
 * (2) relate solely to the internal personnel rules and practices of an agency;
 * (3) disclose matters specifically exempted from disclosure by statute (other than section 552 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) disclose trade secrets and commercial or financial information obtained from a person and privileged or confidential;
 * (5) involve accusing any person of a crime, or formally censuring any person;
 * (6) disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
 * (7) disclose investigatory records compiled for law enforcement purposes, or information which if written would be contained in such records, but only to the extent that the production of such records or information 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 a lawful national security intelligence investigation, confidential information furnished only by the confidential source,
 * (E) disclose investigative techniques and procedures, or
 * (F) endanger the life or physical safety of law enforcement personnel;
 * (8) disclose information 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;
 * (9) disclose information the premature disclosure of which would—
 * (A) in the case of an agency which regulates currencies, securities, commodities, or financial institutions, be likely to
 * (i) lead to significant financial speculation in currencies, securities, or commodities, or
 * (ii) significantly endanger the stability of any financial institution; or
 * (B) in the case of any agency, be likely to significantly frustrate implementation of a proposed agency action,
 * except that subparagraph (B) shall not apply in any instance where the agency has already disclosed to the public the content or nature of its proposed action, or where the agency is required by law to make such disclosure on its own initiative prior to taking final agency action on such proposal; or
 * (10) specifically concern the agency’s issuance of a subpena, or the agency’s participation in a civil action or proceeding, an action in a foreign court or international tribunal, or an arbitration, or the initiation, conduct, or disposition by the agency of a particular case of formal agency adjudication pursuant to the procedures in section 554 of this title or otherwise involving a determination on the record after opportunity for a hearing.'

 * (d)
 * (1) Action under subsection (c) shall be taken only when a majority of the entire membership of the agency (as defined in subsection (a)(1)) votes to take such action. A separate vote of the agency members shall be taken with respect to each agency meeting a portion or portions of which are proposed to be closed to the public pursuant to subsection (c), or with respect to any information which is proposed to be withheld under subsection (c). A single vote may be taken with respect to a series of meetings, a portion or portions of which are proposed to be closed to the public, or with respect to any information concerning such series of meetings, so long as each meeting in such series involves the same particular matters and is scheduled to be held no more than thirty days after the initial meeting in such series. The vote of each agency member participating in such vote shall be recorded and no proxies shall be allowed.
 * (2) Whenever any person whose interests may be directly affected by a portion of a meeting requests that the agency close such portion to the public for any of the reasons referred to in paragraph (5), (6), or (7) of subsection (c), the agency, upon request of any one of its members, shall vote by recorded vote whether to close such meeting.
 * (3) Within one day of any vote taken pursuant to paragraph (1) or (2), the agency shall make publicly available a written copy of such vote reflecting the vote of each member on the question. If a portion of a meeting is to be closed to the public, the agency shall, within one day of the vote taken pursuant to paragraph (1) or (2) of this subsection, make publicly available a full written explanation of its action closing the portion together with a list of all persons expected to attend the meeting and their affiliation.
 * (4) Any agency, a majority of whose meetings may properly be closed to the public pursuant to paragraph (4), (8), (9)(A), or (10) of subsection (c), or any combination thereof, may provide by regulation for the closing of such meetings or portions thereof in the event that a majority of the members of the agency votes by recorded vote at the beginning of such meeting, or portion thereof, to close the exempt portion or portions of the meeting, and a copy of such vote, reflecting the vote of each member on the question, is made available to the public. The provisions of paragraphs (1), (2), and (3) of this subsection and subsection (e) shall not apply to any portion of a meeting to which such regulations apply: Provided, That the agency shall, except to the extent that such information is exempt from disclosure under the provisions of subsection (c), provide the public with public announcement of the time, place, and subject matter of the meeting and of each portion thereof at the earliest practicable time.

 * (e)
 * (1) In the case of each meeting, the agency shall make public announcement, at least one week before the meeting, of the time, place, and subject matter of the meeting, whether it is to be open or closed to the public, and the name and phone number of the official designated by the agency to respond to requests for information about the meeting. Such announcement shall be made unless a majority of the members of the agency determines by a recorded vote that agency business requires that such meeting be called at an earlier date, in which case the agency shall make public announcement of the time, place, and subject matter of such meeting, and whether open or closed to the public, at the earliest practicable time.
 * (2) The time or place of a meeting may be changed following the public announcement required by paragraph (1) only if the agency publicly announces such change at the earliest practicable time. The subject matter of a meeting, or the determination of the agency to open or close a meeting, or portion of a meeting, to the public, may be changed following the public announcement required by this subsection only if
 * (A) a majority of the entire membership of the agency determines by a recorded vote that agency business so requires and that no earlier announcement of the change was possible, and
 * (B) the agency publicly announces such change and the vote of each member upon such change at the earliest practicable time.
 * (3) Immediately following each public announcement required by this subsection, notice of the time, place, and subject matter of a meeting, whether the meeting is open or closed, any change in one of the preceding, and the name and phone number of the official designated by the agency to respond to requests for information about the meeting, shall also be submitted for publication in the Federal Register.

 * (f)
 * (1) For every meeting closed pursuant to paragraphs (1) through (10) of subsection (c), the General Counsel or chief legal officer of the agency shall publicly certify that, in his or her opinion, the meeting may be closed to the public and shall state each relevant exemptive provision. A copy of such certification, together with a statement from the presiding officer of the meeting setting forth the time and place of the meeting, and the persons present, shall be retained by the agency. The agency shall maintain a complete transcript or electronic recording adequate to record fully the proceedings of each meeting, or portion of a meeting, closed to the public, except that in the case of a meeting, or portion of a meeting, closed to the public pursuant to paragraph (8), (9)(A), or (10) of subsection (c), the agency shall maintain either such a transcript or recording, or a set of minutes. Such minutes shall fully and clearly describe all matters discussed and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any rollcall vote (reflecting the vote of each member on the question). All documents considered in connection with any action shall be identified in such minutes.
 * (2) The agency shall make promptly available to the public, in a place easily accessible to the public, the transcript, electronic recording, or minutes (as required by paragraph (1)) of the discussion of any item on the agenda, or of any item of the testimony of any witness received at the meeting, except for such item or items of such discussion or testimony as the agency determines to contain information which may be withheld under subsection (c). Copies of such transcript, or minutes, or a transcription of such recording disclosing the identity of each speaker, shall be furnished to any person at the actual cost of duplication or transcription. The agency shall maintain a complete verbatim copy of the transcript, a complete copy of the minutes, or a complete electronic recording of each meeting, or portion of a meeting, closed to the public, for a period of at least two years after such meeting, or until one year after the conclusion of any agency proceeding with respect to which the meeting or portion was held, whichever occurs later.

 * (g) Each agency subject to the requirements of this section shall, within 180 days after the date of enactment of this section, following consultation with the Office of the Chairman of the Administrative Conference of the United States and published notice in the Federal Register of at least thirty days and opportunity for written comment by any person, promulgate regulations to implement the requirements of subsections (b) through (f) of this section. Any person may bring a proceeding in the United States District Court for the District of Columbia to require an agency to promulgate such regulations if such agency has not promulgated such regulations within the time period specified herein. Subject to any limitations of time provided by law, any person may bring a proceeding in the United States Court of Appeals for the District of Columbia to set aside agency regulations issued pursuant to this subsection that are not in accord with the requirements of subsections (b) through (f) of this section and to require the promulgation of regulations that are in accord with such subsections.

 * (h)
 * (1) The district courts of the United States shall have jurisdiction to enforce the requirements of subsections (b) through (f) of this section by declaratory judgment, injunctive relief, or other relief as may be appropriate. Such actions may be brought by any person against an agency prior to, or within sixty days after, the meeting out of which the violation of this section arises, except that if public announcement of such meeting is not initially provided by the agency in accordance with the requirements of this section, such action may be instituted pursuant to this section at any time prior to sixty days after any public announcement of such meeting. Such actions may be brought in the district court of the United States for the district in which the agency meeting is held or in which the agency in question has its headquarters, or in the District Court for the District of Columbia. In such actions a defendant shall serve his answer within thirty days after the service of the complaint. The burden is on the defendant to sustain his action. In deciding such cases the court may examine in camera any portion of the transcript, electronic recording, or minutes of a meeting closed to the public, and may take such additional evidence as it deems necessary. The court, having due regard for orderly administration and the public interest, as well as the interests of the parties, may grant such equitable relief as it deems appropriate, including granting an injunction against future violations of this section or ordering the agency to make available to the public such portion of the transcript, recording, or minutes of a meeting as is not authorized to be withheld under subsection (c) of this section.
 * (2) Any Federal court otherwise authorized by law to review agency action may, at the application of any person properly participating in the proceeding pursuant to other applicable law, inquire into violations by the agency of the requirements of this section and afford such relief as it deems appropriate. Nothing in this section authorizes any Federal court having jurisdiction solely on the basis of paragraph (1) to set aside, enjoin, or invalidate any agency action (other than an action to close a meeting or to withhold information under this section) taken or discussed at any agency meeting out of which the violation of this section arose.

 * (i) The court may assess against any party reasonable attorney fees and other litigation costs reasonably incurred by any other party who substantially prevails in any action brought in accordance with the provisions of subsection (g) or (h) of this section, except that costs may be assessed against the plaintiff only where the court finds that the suit was initiated by the plaintiff primarily for frivolous or dilatory purposes. In the case of assessment of costs against an agency, the costs may be assessed by the court against the United States.

 * (j) Each agency subject to the requirements of this section shall annually report to the Congress regarding the following:
 * (1) The changes in the policies and procedures of the agency under this section that have occurred during the preceding 1-year period.
 * (2) A tabulation of the number of meetings held, the exemptions applied to close meetings, and the days of public notice provided to close meetings.
 * (3) A brief description of litigation or formal complaints concerning the implementation of this section by the agency.
 * (4) A brief explanation of any changes in law that have affected the responsibilities of the agency under this section.

 * (k) Nothing herein expands or limits the present rights of any person under section 552 of this title, except that the exemptions set forth in subsection (c) of this section shall govern in the case of any request made pursuant to section 552 to copy or inspect the transcripts, recordings, or minutes described in subsection (f) of this section. The requirements of chapter 33 of title 44, United States Code, shall not apply to the transcripts, recordings, and minutes described in subsection (f) of this section.

 * (l) This section does not constitute authority to withhold any information from Congress, and does not authorize the closing of any agency meeting or portion thereof required by any other provision of law to be open.

 * (m) Nothing in this section authorizes any agency to withhold from any individual any record, including transcripts, recordings, or minutes required by this section, which is otherwise accessible to such individual under section 552a of this title.


text:
Page:Devonshire Characters and Strange Events.djvu/278

218 the Communion, by blowes and afterwards with disgracefull words." Also, "Paule Ebsworthy for layinge of violent handes upon my wief in the Church yard: and his wiefs scouldinge, Katheren Ebsworthy using these wordes before the Parson unto her sister, Peter's wief, that her sister might be ashamed to suffer such to goe before her as my wief was."

It seems that Agnes Bidlake, the wife of William, sought assistance of her uncle, Sir Edward Giles, to bring these complaints before the Bishop. He replied to this by writing to William Bidlake:—

"I would intreat you and my niece your wife at the time of hearinge of these differences before his Lordshipp to be very temperate in your utterances. You know it is an old sayinge, A good matter may be marred in the handlinge; and I know if passion doe not overcome you all, it will be to my Lord's good likeinge."

Mr. Bidlake went up about the matter and interviewed the Bishop, who agreed to hear the case at Okehampton on the following Thursday.

The Bishop wrote to Parson Germyn: "Being credibly informed that Mr. Bidlake and his wief were lathe by your sonne Peter Ebsworthy and his wief verie disgracefully wronged at a Communion … as alsoe for your scandalous and indiscreete doctrine which you usually teach I may not att any hande suffer," he summoned him to appear before him at his approaching visitation at Okehampton.

On 13 May, 1613, the Bishop of Exeter summoned plaintiffs and defendants and witnesses before him for the following Friday at Okehampton.

The Rev. Gilbert Germyn indignantly denied that he had ever preached scandalous and indiscreet doctrine; but what was the result of the suit before the Bishop does not transpire.


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Page:The Confidence Man.djvu/40

" do you do, Mr. Roberts?"

"Eh?"

"Don't you know me?"

"No, certainly."

The crowd about the captain's office, having in good time melted away, the above encounter took place in one of the side balconies astern, between a man in mourning clean and respectable, but none of the glossiest, a long weed on his hat, and the country-merchant before-mentioned, whom, with the familiarity of an old acquaintance, the former had accosted.

"Is it possible, my dear sir," resumed he with the weed, "that you do not recall my countenance? why yours I recall distinctly as if but half an hour, instead of half an age, had passed since I saw you. Don't you recall me, now? Look harder."

"In my conscience—truly—I protest," honestly bewildered, "bless my soul, sir, I don't know you—really, really. But stay, stay," he hurriedly added, not without gratification, glancing up at the crape on the stranger's hat, "stay—yes—seems to me, though I have

title: Page:The Confidence Man.djvu/40


text:
United States Code/Title 5/Chapter 5/Section 553

§ 553. Rule making

 * (a) This section applies, according to the provisions thereof, except to the extent that there is involved—
 * (1) a military or foreign affairs function of the United States; or
 * (2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts.

 * (b) General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include—
 * (1) a statement of the time, place, and nature of public rule making proceedings;
 * (2) reference to the legal authority under which the rule is proposed; and
 * (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved.
 * Except when notice or hearing is required by statute, this subsection does not apply—
 * (A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or
 * (B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.

 * (c) After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through submission of written data, views, or arguments with or without opportunity for oral presentation. After consideration of the relevant matter presented, the agency shall incorporate in the rules adopted a concise general statement of their basis and purpose. When rules are required by statute to be made on the record after opportunity for an agency hearing, sections 556 and 557 of this title apply instead of this subsection.

 * (d) The required publication or service of a substantive rule shall be made not less than 30 days before its effective date, except—
 * (1) a substantive rule which grants or recognizes an exemption or relieves a restriction;
 * (2) interpretative rules and statements of policy; or
 * (3) as otherwise provided by the agency for good cause found and published with the rule.

 * (e) Each agency shall give an interested person the right to petition for the issuance, amendment, or repeal of a rule.


text:
United States Code/Title 5/Chapter 5/Section 554

§ 554. Adjudications

 * (a) This section applies, according to the provisions thereof, in every case of adjudication required by statute to be determined on the record after opportunity for an agency hearing, except to the extent that there is involved—
 * (1) a matter subject to a subsequent trial of the law and the facts de novo in a court;
 * (2) the selection or tenure of an employee, except a [1] administrative law judge appointed under section 3105 of this title;
 * (3) proceedings in which decisions rest solely on inspections, tests, or elections;
 * (4) the conduct of military or foreign affairs functions;
 * (5) cases in which an agency is acting as an agent for a court; or
 * (6) the certification of worker representatives.

 * (b) Persons entitled to notice of an agency hearing shall be timely informed of—
 * (1) the time, place, and nature of the hearing;
 * (2) the legal authority and jurisdiction under which the hearing is to be held; and
 * (3) the matters of fact and law asserted.
 * When private persons are the moving parties, other parties to the proceeding shall give prompt notice of issues controverted in fact or law; and in other instances agencies may by rule require responsive pleading. In fixing the time and place for hearings, due regard shall be had for the convenience and necessity of the parties or their representatives.

 * (c) The agency shall give all interested parties opportunity for—
 * (1) the submission and consideration of facts, arguments, offers of settlement, or proposals of adjustment when time, the nature of the proceeding, and the public interest permit; and
 * (2) to the extent that the parties are unable so to determine a controversy by consent, hearing and decision on notice and in accordance with sections 556 and 557 of this title.

 * (d) The employee who presides at the reception of evidence pursuant to section 556 of this title shall make the recommended decision or initial decision required by section 557 of this title, unless he becomes unavailable to the agency. Except to the extent required for the disposition of ex parte matters as authorized by law, such an employee may not—
 * (1) consult a person or party on a fact in issue, unless on notice and opportunity for all parties to participate; or
 * (2) be responsible to or subject to the supervision or direction of an employee or agent engaged in the performance of investigative or prosecuting functions for an agency.
 * An employee or agent engaged in the performance of investigative or prosecuting functions for an agency in a case may not, in that or a factually related case, participate or advise in the decision, recommended decision, or agency review pursuant to section 557 of this title, except as witness or counsel in public proceedings. This subsection does not apply—
 * (A) in determining applications for initial licenses;
 * (B) to proceedings involving the validity or application of rates, facilities, or practices of public utilities or carriers; or
 * (C) to the agency or a member or members of the body comprising the agency.

 * (e) The agency, with like effect as in the case of other orders, and in its sound discretion, may issue a declaratory order to terminate a controversy or remove uncertainty.


text:
Page:The Confidence Man.djvu/41

Rh not the pleasure of personally knowing you, yet I am pretty sure I have at least heard of you, and recently too, quite recently. A poor negro aboard here referred to you, among others, for a character, I think."

"Oh, the cripple. Poor fellow. I know him well. They found me. I have said all I could for him. I think I abated their distrust. Would I could have been of more substantial service. And apropos, sir," he added, "now that it strikes me, allow me to ask, whether the circumstance of one man, however humble, referring for a character to another man, however afflicted, does not argue more or less of moral worth in the latter?"

The good merchant looked puzzled.

"Still you don't recall my countenance?"

"Still does truth compel me to say that I cannot, despite my best efforts," was the reluctantly-candid reply.

"Can I be so changed? Look at me. Or is it I who am mistaken?—Are you not, sir, Henry Roberts, forwarding merchant, of Wheeling, Pennsylvania? Pray, now, if you use the advertisement of business cards, and happen to have one with you, just look at it, and see whether you are not the man I take you for."

"Why," a bit chafed, perhaps, "I hope I know myself."

"And yet self-knowledge is thought by some not so easy. Who knows, my dear sir, but for a time you may have taken yourself for somebody else? Stranger things have happened." The good merchant stared.

"To come to particulars, my dear sir, I met you, now

title: Page:The Confidence Man.djvu/41


text:
United States Code/Title 5/Chapter 5/Section 555

§ 555. Ancillary matters

 * (a) This section applies, according to the provisions thereof, except as otherwise provided by this subchapter.

 * (b) A person compelled to appear in person before an agency or representative thereof is entitled to be accompanied, represented, and advised by counsel or, if permitted by the agency, by other qualified representative. A party is entitled to appear in person or by or with counsel or other duly qualified representative in an agency proceeding. So far as the orderly conduct of public business permits, an interested person may appear before an agency or its responsible employees for the presentation, adjustment, or determination of an issue, request, or controversy in a proceeding, whether interlocutory, summary, or otherwise, or in connection with an agency function. With due regard for the convenience and necessity of the parties or their representatives and within a reasonable time, each agency shall proceed to conclude a matter presented to it. This subsection does not grant or deny a person who is not a lawyer the right to appear for or represent others before an agency or in an agency proceeding.

 * (c) Process, requirement of a report, inspection, or other investigative act or demand may not be issued, made, or enforced except as authorized by law. A person compelled to submit data or evidence is entitled to retain or, on payment of lawfully prescribed costs, procure a copy or transcript thereof, except that in a nonpublic investigatory proceeding the witness may for good cause be limited to inspection of the official transcript of his testimony.

 * (d) Agency subpenas authorized by law shall be issued to a party on request and, when required by rules of procedure, on a statement or showing of general relevance and reasonable scope of the evidence sought. On contest, the court shall sustain the subpena or similar process or demand to the extent that it is found to be in accordance with law. In a proceeding for enforcement, the court shall issue an order requiring the appearance of the witness or the production of the evidence or data within a reasonable time under penalty of punishment for contempt in case of contumacious failure to comply.

 * (e) Prompt notice shall be given of the denial in whole or in part of a written application, petition, or other request of an interested person made in connection with any agency proceeding. Except in affirming a prior denial or when the denial is self-explanatory, the notice shall be accompanied by a brief statement of the grounds for denial.


text:
Page:The Confidence Man.djvu/42

28 some six years back, at Brade Brothers & Co.'s office, I think. I was traveling for a Philadelphia house. The senior Brade introduced us, you remember; some business-chat followed, then you forced me home with you to a family tea, and a family time we had. Have you forgotten about the urn, and what I said about Werter's Charlotte, and the bread and butter, and that capital story you told of the large loaf. A hundred times since, I have laughed over it. At least you must recall my name—Ringman, John Ringman."

"Large loaf? Invited you to tea? Ringman? Ringman? Ring? Ring?"

"Ah sir," sadly smiling, don't ring the changes that way. I see you have a faithless memory, Mr. Roberts. But trust in the faithfulness of mine."

"Well, to tell the truth, in some things my memory aint of the very best," was the honest rejoinder. "But still," he perplexedly added, "still I—" "Oh sir, suffice it that it is as I say. Doubt not that we are all well acquainted."

"But but I don't like this going dead against my own memory; I—"

"But didn't you admit, my dear sir, that in some things this memory of yours is a little faithless? Now, those who have faithless memories, should they not have some little confidence in the less faithless memories of others?"

"But, of this friendly chat and tea, I have not the slightest—"

"I see, I see; quite erased from the tablet. Pray,

title: Page:The Confidence Man.djvu/42


text:
Page:Devonshire Characters and Strange Events.djvu/279

Rh Old John Bidlake, the father of William, mightily disapproved of this contention. He wrote to his son: "Commend me heartily to your wief whom I pray God to give patience and charitie unto in all these troubles, and that yourselfe forgett not that which I said I lately dreamed of 2 snakes whereof the one seemed to me to ate up the other before me. And that which I formerly dreamed of the Man that firsthe riding from me said, Commend me to my friends that are like to be lost if they repent not er time be past. Good sonne, seeke peace and ensue it in what you may, for to live peaceably with all men maketh a man and woman long to seme younge. And if you knewe the hindrances and losses besides heartburnings, weariness of bodye and unquietness innumerable that suits of Lawe doe bring, as well as I, you would rather goe with your wief even unto all such as have donne you offence and openly imbrace them as brethren and sisters and fully forgive them and desier them to accept of your lives ever hereafter; as honest quyet neighbours should doe, rather than vex your neighbours by suits of laws therein, whereof are as variable as the turnings of a weathercock."

This was dated 10 April, 1613.

William died before his father.

Old John was a fine and loyal man; the date of his death is not known. The estates devolved on Henry Bidlake, the son of William, born in 1606 or 1607. After Henry Bidlake came of age, he married Philippa, daughter of William Kelly, of Kelly; whereupon his mother, the quarrelsome Agnes, retired to the south of Devon, there indulged in some costly lawsuits, and died in 1651.

Henry, while yet young, joined the army of King Charles, and in 1643 was made a captain of horse under


text:
Page talk:Dictionary of National Biography volume 02.djvu/202

This page is problematical for two reasons. First, in edit mode the image is black. I worked around this by saving a copy of the image while in page view mode.

The second problem is worse: the original scanner soemhow lost the rightmost edge of the page, losing one or (rarely) two characters at the end of each line in the second column. I interpolated these characters. There are minor uncertainties of punctuation, and a single major problem with a date. -Arch dude (talk) 23:54, 23 September 2010 (UTC)

 * I don't know why the image is black for you; it displays fine for me.--Prosfilaes (talk) 00:13, 24 September 2010 (UTC)