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Search formSearch Query for FOIA ERR:
-AA+A
FREEDOM OF INFORMATION ACT ANNUAL REPORT TO THE CONGRESS FOR THE YEAR 1984
Document Type:
CREST
Collection:
General CIA Records
Document Number (FOIA) /ESDN (CREST):
CIA-RDP87M00539R001802870007-6
Release Decision:
RIPPUB
Original Classification:
K
Document Page Count:
19
Document Creation Date:
December 22, 2016
Document Release Date:
August 18, 2010
Sequence Number:
7
Case Number:
Publication Date:
February 7, 1985
Content Type:
REPORT
File:
Attachment Size
PDF icon CIA-RDP87M00539R001802870007-6.pdf 741.54 KB
Body:
STAT Declassified in Part - Sanitized Copy Approved for Release 2012/10/09: CIA-RDP87M00539R001802870007-6 R Next 11 Page(s) In Document Denied Declassified in Part - Sanitized Copy Approved for Release 2012/10/09: CIA-RDP87M00539R001802870007-6 I 1 I Declassified in Part - Sanitized Copy Approved for Release 2012/10/09: CIA-RDP87M00539R001802870007-6 74920 Federal Register / Vol. 45, No. 221 / Thursday, November 13, 1980 / Rules and Regulations CENTRAL INTEU.IGENCE AGENCY 32 CFR Part 1900 Public Access to Documents and Records and Declassification Requests AGENCY: Central Intelligence Agency. ACTION: Final rule. EFFECTIVE DATE: November 13. 1980. ? 1900.25 Fees for records services. (a) Search and duplication fees shall be charged according to the schedule set forth in paragraph (c) of this section for services rendered in responding to requests for Agency records under this part. Records shall be furnished without charge or at a reduced rate whenever the Coordinator determines that a waiver or reduction of the charge is in the public interest because furnishing the information can be consid- ered as primarily benefiting the general public. Thus, the Coordinator shall deter- mine the existence and extent of any identi- fiable benefit which would result from furnishing the requested information and he shall consider the following factors in making this determination: (1) The public or private character of the information sought: (2) The private interest of the requester. (3) The numbers of the public to be benefited: (4) The significance of the benefit to the public; (5) The usefulness of the information to the public; and (6) The quantity of similar or duplicative information already in the public domain In no case will the assessment of fees be utilized as an obstacle to the disclosure of the requested information. The Coordina- tor may also waive or reduce the charge whenever he determines that the interest of the government would be served thereby. Fees shall not be charged where they would amount, in the aggregate, for a request, or a series of related requests, to less than $6. Denials of requests for fee waivers may be apptilled by writing to the Executive Secre- tary of the Information Review Committee, via the Coordinator. (b) hi order to protect the requester and the Agency from large. unexpected fees, when it is anticipated that the charges will amount to more than $25, the processing of the request shall be suspended until the requester indicates his willingness to pay. The requester shall be notified and asked for his commitment to pay all reasonable search and duplication fees. At his option, the requester may indicate in advance a dollar limitation to the fees. In such all event, the Coordinator shall initiate a search of the system or systems of records deemed most likely to produce relevant records. instructing the system managers to discontinue the search as soon as the stipu- lated amount has been expended ?Vheri? an advance limit has not keen stipulated. the Coordinator may, at his discretion or at the behest of the requester. compile an estimate of the search fees likely to be incurred in processing a request, or of such portion thereof as can readily lye estimated. The requester shall be promptly notified of the amount and be asked to apprt we its E.\ penditure. In those cases where I hr Coor- dinator estimates that the fees will be sub- stantial. an advance deposit of 50 percent of the estimated fees will bc required. in those cases xx here there is reasonable evi- dence that the requester min possibb fad to pay the fees which would be accrued by processing his request. an adY wire deposit of 100 percent of the estimated fees will lye required. The notice or request for an advance deposit shall extend an offer to the requester xx herein he is afforded all oppor- tunih to revise the request in a manner calulated to reduce the fees. Dispatch of such a mit ice or request shall suspend the running of the period for respinse ln the Agency until a repk is received from Ow requester. tc) The schedule of fees for services performed in responding to requests for Agenc records is established as follows' (1 I For each one quarter hour, or fraction thereof. spent In clerical personnel in searching for a record. $1.50; (2) For each one quarter himr. or fraction thereof. spent b professiimal ixersiumel in searching for a record. $3 50. (3) For each on-line computer search, $11.0(1; (4) For each off-line (batch) computer search of Central Reference files, $27.00) (5) For all other off-line computer searches of Agency files, $8.00 per minute of Central Processing Unit (CPU) time; (6) For copies of paper documents in sizes not larger than 81/2 X 14 inches, 80.10 per copy of each page: (7) For duplication of non-paper media (filni, magnetic tape. etc.) or any document that cannot be reproduced on a standard office copier. actual direct cost; and (8) For extra copies of reports, maps, reference aids, and other Agency publica- tions. actual cost. (d) Inasmuch as the Agency's systems of records are highly decentralized, several computer searches may be required to pro- cess a request, depending upon its scope. The computer search costs given in para- graph to, of this section. do not include whatever professional clerical search time is needed to determine whether the records located are in fact responsive to the request. (eI Search fees are assessable even when no records pertinent to the requests, or no releasable records are found. provided the requester has been advised of this fact and he has. that notwithstanding agreed to in- cur the costs of search tf) For requests which have accrued sub- stantial search and duplication fes, or for requests for records which have been previ- ously released. or where there is reasonable evidence that the requester ma possibly fail to pal the accrued fees, then, at the discretion of the Coordinator, the requester mas he required to pal the accrued search and duplication fees prior to the actual delixerN of the requested records: other- wise. the requester shall be biffed for such fees at the time that the records are provid- ed. Payment shall be remitted b) check or inone order, made payable to the Treasur- er of the United States, and shall be sent to thr Coordinator No appeals or additional requests shall be accepted for processing until the requester has paid all outstanding charges for services rendered under this part - - Declassified in Part - Sanitized Copy Approved for Release 2012/10/09: CIA-RDP87M00539R001802870007-6 Declassified in Part - Sanitized Copy Approved for Release 2012/10/09: CIA-RDP87M00539R001802870007-6 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ?.-1: ? I. JAMES H. LESAR, ) ) Plaintiff, ) ) v. ) Civil Action No. 84-211,1 ) CENTRAL INTELLIGENCE AGENCY, ). ) Defendant. ) ) ORDER This matter has come before the Court on plaintiff's applica- tion for a temporary restraining order and counsel have been heard in open court. It appears to the Court that plaintiff has delayed unduly with regard to his request of June 28, 1983, and that the defendant should have an opportunity to search for and process records responsive to plaintiff's request dated August 24, 1984. It is, therefore, this 17th day of September, 1984, ORDERED that plaintiff's application for a temporary restrain- ing order is denied; and it is further ORDERED that when defendant files its answer, which is due on October 17, 1984, it shall include a statement as to when the. search for and processing of responsive, documents shall be completed; and it is further ORDERED that, if in the meantime particular documents are located which can readily be released to plaintif44 the defendant may do so in its discretion without prejudice to the schedule it proposes when it files its answer. United States District Judge Declassified in Part - Sanitized Copy Approved for Release 2012/10/09: CIA-RDP87M00539R001802870007-6 LI - II I FP.IR Declassified in Part - Sanitized Copy Approved for Release 2012/10/09: CIA-RDP87M00539R001802870007-6 4 ?4M.4um.LQu alAudb in..511tIC1 0OU1T FOR THE EASTERN DISTRICT OF PENNSYLVANIA SAINVIL vs. UNITED STATES DEPARTMENT CF STATE and UNITED STATES OWERAL nymurENcy AGEICY BEFORE WEINER, J. AND NCW, this 6th day of CIVIL ICTICN NO. 84-0108 FILED. RR 611K tict,AEL cle APRIL , 1984, it is ORDERED that pursuant to agreement of counsel the above- entitled matter is Dismissed without Prejudice. The case is to remain in status quo and the Statute of Limitations is tolled. It Is Further agreed that if the transaction of this matter is not resolved between the parties, this action maybe reinstaf:ed and placed an the acrive docket by any of the parties ftrectly to the Court. (!//1 /)-rt 4/9/84 copy mailed to: L.Rieser,Esq. A.Ewing.Jr.A.U.S.Atty (L.E.) OR BY THE COURT: JI.DZ;? Declassified in Part - Sanitized Copy Approved for Release 2012/10/09: CIA-RDP87M00539R001802870007-6 I I I Declassified in Part - Sanitized Copy Approved for Release 2012/10/09: CIA-RDP87M00539R001802870007-6 rai tea. IP ? or UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ANTHONY SUMMERS, ) ) Plaintiff. ) ) v. ) Civil Action No. 84-2754 ) CENTRAL INTELLIGENCE AGENCY ) et al ) ) Defendants. ) ) STIPULATION FILED OV 834 JAMES F. DAVEY, Clerk Pursuant to the discussion at the status call on October 24. 1984, the parties stipulate as follows, subject to the Court's approval. I. Plaintiff filed this action on September 10, 1984, seeking records from the following agencies or components of the United States government: A. The Federal Bureau of Investigation (FBI) B. The Central Intelligence Agency (CIA) C. The Department of the State D. The Department of the Treasury E. The Department of Justice 1. The Criminal Division 2. The Office of the Attorney General 3. The Office of Intelligence Policy and Review Plaintiff seeks these documents to assist in research on a book on the death of movie actress Marilyn Monroe. II. The agencies and components have been processing plaintiff's requests both before and after this case was filed. Declassified in Part - Sanitized Copy Approved for Release 2012/10/09: CIA-RDP87M00539R001802870007-6 LI I Declassified in Part - Sanitized Copy Approved for Release 2012/10/09: CIA-RDP87M00539R001802870007-6 In addition, continuing and extensive discussions have taken place between counsel for the parties and agency representatives regarding the handling of plaintiff's requests. III. This stipulation has .been entered in order to accom- modate four concerns: A. The creerly dispo..iition of this lawsuit. B. Plaintiff's desire to receive materials pertinent to his research within a reasonable time. C. The need to reduce the tasks presented to the agencies in order to accomplish III B above. D. The need to process the records in a careful manner, so that plaintiff will receive that which he is entitled to, while at the same time assuring that exempt information is properly protected, classified mi,.terial, internal memoranda, confidentiality and legitimate privacy interests. IV. Because of the limited amount of its potentially responsive material, the State Department has completed its processing of the documents, and has reported the results to plaintiff, furnishing certain documents. The Treasury Department and the Justice Department component* other than the FBI have completed their searc!-as and re7orted tc Flaintiff tha: they have no responsive doc=ents. V. Plaintiff and defendant FBI have agreed to a reformu- lation of the scope of several of plaintiff's Freedom of Infor- mation Act (FOIA) requests as specifically set forth below. This 2 Declassified in Part - Sanitized Copy Approved for Release 2012/10/09: CIA-RDP87M00539R001802870007-6 LI Declassified in Part - Sanitized Copy Approved for Release 2012/10/09: CIA-RDP87M00539R001802870007-6 reformulation recognizes the desire on the part of the plaintiff to receive as much information as soon as possible on the ultimate subject of his various FOIA requests; that being the life and death of Marilyn Monroe and her relationships with various public figures, including Robert F. and John F. Kennedy. This reformula- t a:!: thv E7.,:.unt of inforn.ation in files relevant to the subject of the actual individual request which appears to have no relevance to the research on plaintiff's book. For example, in the Spindel request (Request 245455, Count II) Federal Bureau of Investigation Headquarters (FBIHQ) files contain approximately 6,000 pages relating to Spindel, but very few references either to Marilyn Monroe or to the two areas plaintiff deemed related. Therefore, the reformulation will reduce the amount of processing yet to be addressed by the FBI and hasten its completion. In general, records on each reformulated request will first be reviewed to determine if they bear in any reasonable mannef on Monroe during the period 1961-1963 or late 1966 - early 1967. The dates 1961-1963 have been chosen because they represent the several years prior to and after her death. The late 1966 - early 1967 period was chosen because of allegations that certain wiretap tapes of Monroe's voice with others were confiscated in a raid by local authbritie's on Spindel's home. Once these records are rE".-iE:s.E::. request will be processed under the FOIA for release to plEintiff. It is understood that this stipulation controls the extent of the FBI's FOlA processing of the subjects discussed herein and that 3 Declassified in Part - Sanitized Copy Approved for Release 2012/10/09: CIA-RDP87M00539R001802870007-6 Declassified in Part - Sanitized Copy Approved for Release 2012/10/09: CIA-RDP87M00539R001802870007-6 those prior requests which have been reformulated are rendered moot by this stipulation. This stipulation will also address the amount of material remaining to be processed under the reformulation and the approx- imate amount of time necessary to accomplish this. In addition, this stipulation will describe in general terms the material requested by plaintiff which has already been processed and released. A. Marilyn Monroe: The FBI has already furnished plaintiff with previously processed material concerning Monroe. In addition, 25 "see" references (amounting to approximately 180 pages) must be processed for FOIA exemptions by the Disclosure Unit of the FBI's Freedom of Information Privacy Acts (FOIPA) section, Records Management Division (RMD). These "see" refer- ences must also be processed by the Classification Appeals and Affidavits Unit (CAAU) of the FBI's RMD to determine if classi- fied information is contained in the "see" references. The FBI represents that: (1) The task of processing these documents to afford maximum releasability to plaintiff while insuring that applicable provisions of Executive Order 12356 (regarding National Security Information) are complied with is a time consuming one and accounts for a majority of the processing period. (2) In fprocessing "see" references, it is necessary to examine not only the references themselves. but also other documents bearing on releasability, which may be extensive. (3) This review by the Classification Appeals and Affidavits Unit is also necessary for other porticns of plaintiff's requests and this discussion simi- larly applies to those requests and will be noted as appropriate. 4 Declassified in Part - Sanitized Copy Approved for Release 2012/10/09: CIA-RDP87M00539R001802870007-6 e- ? Declassified in Part - Sanitized Copy Approved for Release 2012/10/09: CIA-RDP87M00539R001802870007-6 B. Novotny: Preprocessed material concerning Novotny had already been made available for release to plaintiff while 18 additional "see" references remained for processing. It has recently been determined that these "see" references are identi- cal to material already provided plaintiff through the "Bowtie" request (discussed infra). Therefore, no further processing remains on Novotny. C. Greenson: Eight "see" references amounting to approximately 20 pages must be processed by the CAAU and then returned to the Disclosure Unit for further processing and release to plaintiff. D. Sukarno: One 160 page "main" file and 132 "see" references pertaining to Sukarno were reviewed according to the reformulated request and 40 "see" references amounting to approx- imately 100-130 pages were determined to be relevant and must be reviewed by CAAU and then returned to the Disclosure Unit for further processing and release to plaintiff. 1/ E. Field: 850 pages pertaining to Field must be reviewed by CAAU prior to review by the Disclosure Unit before release. Plaintiff has indicated that processing of the Field material is not a priority matter and therefore it is agreed that while this material will be processed, it will be done only after other priority prc!,cessing has been comTleted. This wi41 not be accomplished within the deadline covert? this stipulation. 1/ in the case o: Sukarno, the request was reformulated to relate to Sukarno's sexual proclivities. 5 Declassified in Part - Sanitized Copy Approved for Release 2012/10/09: CIA-RDP87M00539R001802870007-6 Declassified in Part - Sanitized Copy Approved for Release 2012/10/09: CIA-RDP87M00539R001802870007-6 F. 94-37374: This file is identical to Hoover's "OEC" files on John F. Kennedy and has been preprocessed for release to other requestors. Arrangements are underway to forward this material to plaintiff. G. Miller, Frasca, Chang, Renay: Plaintiff has been advised that without written authorization from these individuals, the FBI could neither confirm nor deny the existence of records pertaining to them because to do so would constitute an imper- missible invasion of their personal privacy. Plaintiff has to date not provided these authorizations and therefore the FBI has not searched its central records systems indices for references to them. No action is, therefore, to be taken as to them. G. Bowtie: Certain preprocessed material on "Bowtie" requested by plaintiff has been forwarded to him. H. Horan: Eight "see" references amounting to approx- imately 20 pages must be reviewed and processed by the Disclosure Unit, and, if classification implications are found, these references must also be reviewed by the CAAU. I. Capell: The Disclosure Unit has reviewed approxi- mately 1,600 pages of material pertaining to Capell with the objective of determining its relevance to the reformulated request. Material dated from 1961-1963 was reviewed for any connection to Marilyn Monroe, Robert F. Kennedy and/or either or both of their seual proclivities or Monroe's suicide and none 2/ Plaintiff reserves the right to request that the "Bowtie" material be re-classified but it is agreed that such reclassifica- tion will not be accomplished in the time period specified herein. 6 Declassified in Part - Sanitized Copy Approved for Release 2012/10/09: CIA-RDP87M00539R001802870007-6 ___ 1.1_ Declassified in Part - Sanitized Copy Approved for Release 2012/10/09: CIA-RDP87M00539R001802870007-6 were located. Therefore, no further processing of these files 3/ will be undertaken. ? Spindel: In an effort to reduce the amount