14 C.F.R. § 1206.101

General policy

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(a) In compliance with the Freedom of Information Act (FOIA), as amended 5 U.S.C. 552, a positive and continuing obligation exists for NASA, herein Agency, to make available to the fullest extent practicable upon request by members of the public, all Agency records under its jurisdiction, as described in this regulation.

(b) Part 1206 does not entitle any person to any service or to the disclosure of any record that is not required under the FOIA.

(c) The disclosure of exempt records, without authorization by the appropriate NASA official, is not an official release of information; accordingly, it is not a FOIA release. Such a release does not waive the authority of NASA to assert FOIA exemptions to withhold the same records in response to a FOIA request. In addition, while the authority may exist to disclose records to individuals in their official capacity, the provisions of this part apply if the same individual seeks the records in a private or personal capacity.

[79 FR 46678, Aug. 11, 2014, as amended at NASA-2019-0005, 84 FR 54774, Oct. 11, 2019]

Notes of Decisions

Cited in 2 cases, 1983–1995 · leading case: Fielding M. McGehee III v. Cent. Intelligence Agency, 697 F.2d 1095 (D.C. Cir. 1983).

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Fielding M. McGehee III v. Cent. Intelligence Agency, 697 F.2d 1095 (D.C. Cir. 1983). “2 (a) (1982) (records of other agencies in the possession of the CAB are not “Board ‘records’ ”); 14 C.F.R. § 1206.101 (a) (1982) (“The term ‘agency records’ .”

McDonnell Douglas Corp. v. Nat'l Aeronautics & Space Admin., 895 F. Supp. 319 (D.D.C. 1995). “14 C.F.R. § 1206.101 (a). The letter from MDA returning an enclosure, however, was received by NASA after the administrative process closed.”

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