U.S. Office of Censorship Records

Erin Marie Miller filed this request with the National Archives and Records Administration of the United States of America.
Tracking #

NGC21-048A

21-47642

NARA-NGC-2021-001189

Est. Completion None
Status
Partially Completed

Communications

From: Erin Marie Miller

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

- All responsive documents and records related to the planning, activities, and closure of the Office of Censorship.

To assist you in your search, please refer to: https://www.archives.gov/research/guide-fed-records/groups/216.html#216.2.1 for reference. This page lists the locations of the requested records in the National Archives, but does not seem to provide the actual records.

I would guess that the National Archives probably already has these records compiled in digital form from previous requests, since the linked page above includes a note about the total number of pages held by the agency related to this subject, so it would also be a good idea to check on that.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In order to help determine my status to assess fees, you should know that I am a freelance journalist whose work has been published frequently by print and digital news outlets and magazines. You can view my portfolio at www.erinmariemiller.com/journalism.

Disclosure of the requested information to me is in the public interest because it is likely to contribute significantly to public understanding of the historical operations or activities of the government and is not primarily in my commercial interest.

Because of my status as a news media requester, I request a waiver of all fees.
 If a fee waiver is not granted, I am willing to pay up to $25 for the requested information. If the fee for this request exceeds this amount, please notify me in writing prior to beginning work on the request.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Erin Marie Miller

From: National Archives and Records Administration

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://www.foiaonline.gov/foiaonline/action/public/submissionDetails?trackingNumber=NARA-NGC-2021-001189&type=request)

* Tracking Number: NARA-NGC-2021-001189
* Requester Name: Erin Marie Miller
* Date Submitted: 07/25/2021
* Request Status: Submitted
* Description:
To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

- All responsive documents and records related to the planning, activities, and closure of the Office of Censorship.

To assist you in your search, please refer to: https://www.archives.gov/research/guide-fed-records/groups/216.html#216.2.1 for reference. This page lists the locations of the requested records in the National Archives, but does not seem to provide the actual records.

I would guess that the National Archives probably already has these records compiled in digital form from previous requests, since the linked page above includes a note about the total number of pages held by the agency related to this subject, so it would also be a good idea to check on that.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In order to help determine my status to assess fees, you should know that I am a freelance journalist whose work has been published frequently by print and digital news outlets and magazines. You can view my portfolio at www.erinmariemiller.com/journalism.

Disclosure of the requested information to me is in the public interest because it is likely to contribute significantly to public understanding of the historical operations or activities of the government and is not primarily in my commercial interest.

Because of my status as a news media requester, I request a waiver of all fees.
If a fee waiver is not granted, I am willing to pay up to $25 for the requested information. If the fee for this request exceeds this amount, please notify me in writing prior to beginning work on the request.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Erin Marie Miller

From: National Archives and Records Administration

RE: FOIA Request Office of Censorship Forwarded to Archival Reference
College Park, Md.

MuckRock News DEPT MR 116625
411A Highland Ave
Somerville, MA 02144-2516

Dear Erin Marie Miller:

Thank you for submitting your Freedom of Information Act (FOIA) request to
the National Archives and Records Administration (NARA) via the
*FOIAonline* website.
We received your request on July 26, 2021. You stated in our request, " All
responsive documents and records related to the planning, activities, and
closure of the Office of Censorship."

Our office uses the *FOIAonline* portal for FOIA and Privacy Act requests
for the National Archives and Records Administration's *operational *records
(records created by this agency). Because your *FOIAOnline *request is for
records that may be textual *archival *records (records created by or
originated in a different agency but that may have been transferred to the
legal custody of NARA), we have forwarded it to our *Office of Research
Services, Textual Reference (RR2R)* staff who handle FOIA requests for
archival records.

Since *Research Services* does not process FOIA requests through
*FOIAOnline*, we removed your request from the *FOIAOnline* website.
Textual Reference will assign you a new tracking number, and respond
directly to you. In the future, if you need to follow up with that office,
please contact them at the address below, or electronically via email
(email is preferred).

National Archives and Records Administration
Research Services, Textual Reference Branch (RR2R)
8601 Adelphi Road, Room 2400
College Park, MD 20740

By phone: 301-837-3091
By fax: 301-837-1752
By email: archives2reference@nara.gov

For your reference, a copy of your request and your one attachment is
below.

Please visit our website at www.archives.gov/foia for further information
about submitting a FOIA request to NARA. On our main website,
www.archives.gov, you can learn more about the resources we offer to the
public, and you can access our online catalog.

Due to the COVID-19 pandemic, and pursuant to guidance received from the
Office of Management and Budget (OMB), NARA has adjusted its normal
operations to balance the need of completing its mission-critical work
while also adhering to the recommended social distancing for the safety of
our staff. As a result of this re-prioritization of activities, you may
experience a delay in receiving a substantive response to your FOIA
request. We apologize for this inconvenience and appreciate your
understanding and patience.

Sincerely,
Wanda Williams
Deputy Freedom of Information Act Officer/Archivist
Office of General Counsel (NGC)
National Archives and Records Administration
8601 Adelphi Road
College Park, Maryland, 20740-6001
wanda.williams@nara.gov

---------- Forwarded message ---------
From: <admin@foiaonline.gov>
Date: Tue, Jul 27, 2021 at 7:56 PM
Subject: FOIA Request Deletion: NARA-NGC-2021-001189
To: <wanda.williams@nara.gov>

Below is an export of the submitted request information for the FOIA
request NARA-NGC-2021-001189.

- *Name and Address*
- First Name: Erin
- Middle Initial: Marie
- Last Name: Miller
- Organization:
- Mailing Address Location: United States/U.S. Territories
- Address Line 1: MuckRock News DEPT MR 116625
- Address Line 2: 411A Highland Ave
- City: Somerville
- State/Province: MA
- Zip/Postal Code: 02144-2516
- *Contact Information*
- E-mail Address: requests@muckrock.com
- Phone Number:
- Fax Number:
- *Agency and Fee Information*
- Assigned Agency: NGC - Office of General Counsel
- Will Pay Up To: $0.00
- *Description*
- To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the
following records:

- All responsive documents and records related to the planning,
activities, and closure of the Office of Censorship.

To assist you in your search, please refer to:
https://www.archives.gov/research/guide-fed-records/groups/216.html#216.2.1
for reference. This page lists the locations of the requested records in
the National Archives, but does not seem to provide the actual records.

I would guess that the National Archives probably already has these
records compiled in digital form from previous requests, since the linked
page above includes a note about the total number of pages held by the
agency related to this subject, so it would also be a good idea
to check on
that.

The requested documents will be made available to the general public,
and this request is not being made for commercial purposes.

In order to help determine my status to assess fees, you should know
that I am a freelance journalist whose work has been published frequently
by print and digital news outlets and magazines. You can view my
portfolio
at www.erinmariemiller.com/journalism.

Disclosure of the requested information to me is in the public
interest because it is likely to contribute significantly to public
understanding of the historical operations or activities of the
government
and is not primarily in my commercial interest.

Because of my status as a news media requester, I request a waiver of
all fees. If a fee waiver is not granted, I am willing to pay up
to $25 for
the requested information. If the fee for this request exceeds
this amount,
please notify me in writing prior to beginning work on the request.

Thank you in advance for your anticipated cooperation in this matter.
I look forward to receiving your response to this request within 20
business days, as the statute requires.

Sincerely,

Erin Marie Miller
- *Fee Waiver*
- Fee Waiver Requested: Yes
- Fee Waiver Reason: In order to help determine my status to assess
fees, you should know that I am a freelance journalist whose
work has been
published frequently by print and digital news outlets and magazines. You
can view my portfolio at www.erinmariemiller.com/journalism.
Disclosure of the requested information to me is in the public interest
because it is likely to contribute significantly to public
understanding of
the historical operations or activities of the government and is not
primarily in my commercial interest. Because of my status as a news media
requester, I request a waiver of all fees. If a fee waiver is
not granted,
I am willing to pay up to $25 for the requested information. If
the fee for
this request exceeds this amount, please notify me in writing prior to
beginning work on the request.
- *Expedited Processing*
- Expedited Processing Requested: No
- Expedited Processing Reason:

From: National Archives and Records Administration

Dear Erin Marie Miller,

This is in reply to your Freedom of Information Act request, dated July 27,
2021 for all responsive documents and records related to the planning,
activities, and closure of the Office of Censorship. Your request was
received in this office on July 29, 2021 and assigned the case number
21-47642.

Records of the Office of Censorship are held in *Record Group 216: Records
of the Office of Censorship*. The citation you provided from the Guide to
Federal Records (216.2.1) refers to the following series:

Administrative Subject Files, 1941 - 1945
<https://catalog.archives.gov/id/1215884> (Entry PI-54 1)
Oversize Files from the Administrative Subject Files, 1941 - 1945
<https://catalog.archives.gov/id/1216310> (Entry PI-54 2)
Index to the Administrative Subject Files, 1941 - 1945
<https://catalog.archives.gov/id/1217256> (Entry PI-54 3)
A History of the Office of Censorship, 1941 - 1945
<https://catalog.archives.gov/id/1217264> (Entry PI-54 4)

We also hold many other series created by this agency which are described
in the National Archives Catalog
<https://catalog.archives.gov/search?q=*:*&f.ancestorNaIds=543&sort=naIdSort%20asc&f.locationIds=33&rows=100>.
The records in Record Group 216 have not been digitized; however, they are
unrestricted and available for research.

The National Archives is staffed to provide recommendations and information
related to specific bodies of records. However, given the limitations on
staff resources, we do not generally conduct substantive research in
response to requests filed under the Freedom of Information Act, except in
circumstances where documents are easily locatable.

We would be happy to make the records and relevant finding aids available
to you or your representative in our research room at the National Archives
at College Park, MD.

The National Archives is starting to resume research room operations.
Several locations have already begun pilots to test research room policies
and procedures that promote social distancing, while otherwise allowing us
to serve records in a secure manner.

Our services will look very different from the services provided prior to
COVID-19. Research visits will be by appointment only and will require a
virtual consultation prior to the onsite visit.

If you are interested in scheduling a research visit at the National
Archives in College Park, MD, please email archives2reference@nara.gov to
begin the virtual consultation process.

If you are unable to visit our facility, you may wish to employ a
professional researcher to carry out research on your behalf. The National
Archives maintains a list of professional researchers online:
http://www.archives.gov/research/hire-help/.

You asked for a waiver of the fees normally charged for providing
researchers with copies of archival records. The fee and fee waiver
provisions of the Freedom of Information Act (FOIA), however, do not apply
to archival records. The FOIA fee section states that "Nothing in this
subparagraph shall supersede fees chargeable under a statute specifically
providing for setting the level of fees for particular types of records."
[5 U.S.C. 552(a)(4)(vi)]. Accordingly, the NARA fee statute, 44 U.S.C.
2116(c), and implementing regulations at 36 C.F.R. Part 1258, apply
exclusively to your request, under which the National Archives does not
waive reproduction charges for individual requesters. Our inability to
grant you the requested fee waiver does not constitute a denial for the
purposes of the FOIA.

We do not consider this a denial of your FOIA request. However, if you are
not satisfied with our action on this request, your options for appeal and
dispute resolution are outlined in the attachment. If you have any
questions, you may reach us at archives2reference@nara.gov.

This completes the processing of your request.

Sincerely,

David Castillo
Archives Specialist
Textual Reference Archives II Branch (RR2RR)
National Archives at College Park, MD

From: Erin Marie Miller

Thank you for your response. It seems that the appeals paperwork you mentioned was not attached to your message. Do you mind re-sending the attachment for the appeals process?

Thank you,

Erin

From: Erin Marie Miller

FOIA APPEAL

Re: Freedom of Information Act Appeal

To Whom It May Concern:

This is an appeal under the Freedom of Information Act.

On July 25, 2021, I requested documents under the Freedom of Information Act seeking responsive documents and government records related to the planning, activities, and closure of the Office of Censorship. My request was assigned the following identification number: NARA-NGC-2021-001189.

On July 29, 2021, I received a response to my request in a letter signed by Wanda Williams (Deputy Freedom of Information Act Officer/Archivist at the Office of General Counsel (NGC) at the National Archives and Records Administration) letting me know that my request had been transferred to the National Archives and Records Administration Research Services Textual Reference Branch (RR2R).

On August 5, 2021, I received a follow-up response to my request in a letter signed by David Castillo (Archives Specialist at the Textual Reference Archives II Branch (RR2RR)) informing me that the requested records were unrestricted and available to the public. However, instead of providing those documents or quoting a fee for digital copies of the available records, Mr. Castillo informed me that his agency does "not generally conduct substantive research in response to requests filed under the Freedom of Information Act, except in circumstances where documents are easily locatable." He did not acknowledge the fact that my request included a link to a government website that described the exact location of each record included my request (https://www.archives.gov/research/guide-fed-records/groups/216.html#216.2.1).

Mr. Castillo's letter also did not provide me with a quote for a fee for copies of the requested records. Instead, Mr. Castillo invited me to schedule an appointment to visit his agency in person and make the copies myself; if that was not possible, he suggested that I consider hiring an independent researcher to do the work instead.

Mr. Castillo's letter also let me know that while his agency did not approve my request for a fee waiver as a member of the news media, they also did not deny my request for a fee waiver. I have no idea what that means -- it should be one or the other, not both at once.

That said, I appeal the decisions related to my request.

The documents that were withheld must be disclosed to me under the FOIA. The FOIA does not empower government agencies to withhold documents from requesters when those agencies simply don't feel like locating the requested records or making copies of them.

I also appeal the decision to deny by circumvention my request for a waiver of fees. I believe that I am entitled to a waiver of fees. Disclosure of the documents I requested is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in my commercial interest. I am a freelance journalist whose work has been published regularly, and recently, by local and national outlets. You can view my portfolio here: www.erinmariemiller.com/journalism

If you have any questions about handling this appeal, you may contact me in writing at the email address from which this message originated (requests@muckrock.com).

Thank you for your consideration of this appeal.

Sincerely,

Erin Marie Miller
MuckRock News Dept.
116625 411A Highand Ave.
Somerville, MA 02144-2516

From: National Archives and Records Administration

Dear Ms. Miller:

Please see the attached letter acknowledging receipt of your appeal.

Sincerely,

Susan Gillett
Government Information Specialist
Office of General Counsel
National Archives and Records Administration
College Park, MD 20740-6001
susan.gillett@nara.gov

From: National Archives and Records Administration

Dear Erin Marie.Miller,

Please see the attached response letter from the Deputy Archivist relating
to your appeal for FOIA request assigned RR2RR 21-47612. Your appeal was
assigned NGC21-048A.

Sincerely,

Jodi L. Foor

Deputy Freedom of Information Act Officer/Archivist

National Archives and Records Administration

Office of General Counsel

College Park, MD

FOA@nara.gov

301-837-3642

From: National Archives and Records Administration

Your FOIAonline user account for requests@muckrock.com will be deactivated in 5 days due to inactivity.

From: National Archives and Records Administration

Dear Mr. Miller,

It appears the decision regarding appeal NGC21-048A has already been
completed. A letter noting the completion was sent August 23, 2023.

Sincerely,

NGC FOIA Team
Office of General Counsel
National Archives and Records Administration
foia@nara.gov
301-837-3642

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