AEC wiretap

Emma Best filed this request with the National Archives and Records Administration of the United States of America.

It is a clone of this request.

Tracking #

NARA-NGC-2018-000551

Status
Rejected

Communications

From: Emma Best

To Whom It May Concern:

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

A copy of the file referenced in the attached FBI letter.

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

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

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,

Emma Best

  • E972afeb1f82b1a5b9a2186bea19be7e1bd195918_Q23699_D2001696.pdf

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://foiaonline.regulations.gov:443/foia/action/public/view/request?objectId=090004d28191c988)
* Tracking Number: NARA-NGC-2018-000551
* Requester Name: Emma Best
* Date Submitted: 05/13/2018
* Request Status: Submitted
* Description: To Whom It May Concern: Pursuant to the Freedom of Information Act, I hereby request the following records: A copy of the file referenced in the attached FBI letter. The requested documents will be made available to the general public, and this request is not being made for commercial purposes. In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not. 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, Emma Best

From: National Archives and Records Administration

Dear Ms. Best,

Thank you for submitting your Freedom of Information Act request to the
National Archives and Records Administration, via the *FOIAonline* website.

Because you have requested access to historically permanent federal
records, we have forwarded your FOIA request, received in our office on May
14, 2018, to our Office of Research Services, Special Access and FOIA
staff, for further review and handling. As a result, your request has been
removed from the *FOIAonline* website and you will be assigned a tracking
number by that office.

If you would like to follow up with that office directly, please contact
them at the address below, or electronically via email.

Special Access and FOIA Staff (RD-F)

8601 Adelphi Road, Room 5500

College Park, MD 20740

By phone: 301-837-3190

By fax: 301-837-1864

By email: specialaccess_foia@nara.gov

@@http://specialaccess_foia@nara.gov@@

Thank you for contacting the National Archives and please visit our website
at www.archives.gov/foia for further information. Please also visit our
main website, www.archives.gov, to learn more about the resources we offer
to the public.

Sincerely,
Susan Gillett
Government Information Specialist
Office of General Counsel
National Archives and Records Administration
College Park, MD 20740-6001
301-837-3409
susan.gillett@nara.gov

---------- Forwarded message ----------
From: foia@regulations.gov <foia@regulations.gov>
Date: Mon, May 14, 2018 at 10:12 AM
Subject: FOIA Request Export: NARA-NGC-2018-000551
To: "susan.gillett@nara.gov" <susan.gillett@nara.gov>

Below is an export of the submitted request information for the FOIA
request NARA-NGC-2018-000551.

- *Name and Address*
- First Name: Emma
- Middle Initial:
- Last Name: Best
- Organization:
- Mailing Address Location: United States/U.S. Territories
- Address Line 1: MuckRock News, 411A Highland Ave
- Address Line 2: DEPT MR 53814
- City: Somerville
- State/Province: MA
- Zip/Postal Code: 02144
- *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: A copy of the file referenced in
the attached FBI letter. The requested documents will be made
available to
the general public, and this request is not being made for commercial
purposes. In the event that there are fees, I would be grateful if you
would inform me of the total charges in advance of fulfilling my
request. I
would prefer the request filled electronically, by e-mail attachment if
available or CD-ROM if not. 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,
Emma Best
- *Fee Waiver*
- Fee Waiver Requested: No
- Fee Waiver Reason:
- *Expedited Processing*
- Expedited Processing Requested: No
- Expedited Processing Reason:

From: National Archives and Records Administration

Ms. Best--

I am writing in response to your Freedom of Information Act request of May
14, 2018, for records in the custody of the National Archives and Records
Administration. Your request for FBI case file *117-HQ-2672* on the *Alteration
to Office Telephone of William B. Hills, Director, Pacific Area Support
Office, U.S. Atomic Energy Commission, Honolulu, Hawaii* was received in
this office on May 16, 2018, and assigned FOIA case number *RD 57236*.

I have completed a line-by-line review of FBI case file 117-HQ-2672 and
released information to the greatest extent possible. A summary of the
results of this review is provided below:

FBI case file 117-HQ-2672: 41 total pages; 41 pages released in full.

You​ or your representative may view the releasable version of the file in
Room 4000, the reading room operated by the Motion Pictures Branch at the
National Archives facility in College Park, Maryland. Please contact
Jessica Hartman at least one week in advance of your visit at
Jessica.Hartman@nara.gov to arrange to see the file. When you arrive in the
reading room, staff will provide a CD/DVD with a copy of the file in .pdf
format that can be transferred to a blank CD/DVD or to your personal
storage device. There is no charge to transfer the file, unless you need to
purchase a blank CD/DVD in the reading room.

If you cannot visit our College Park facility, you may order a reproduction
copy at the cost of $.80 per page. Please contact Ms. Hartman to place an
order.

This concludes the processing of your request. If you have additional
questions concerning my review of this file, please contact me directly at
Amanda.Weimer@nara.gov or at (301) 837-0604.

If you are not satisfied with our action on this request, you have the
right to file an administrative appeal within ninety (90) calendar days
from the date of this letter. Appeals must be in writing and may be
delivered by regular U.S. mail or by e-mail. By filing an appeal, you
preserve your rights under the Freedom of Information Act and present the
deciding agency with an opportunity to review your request and reconsider
its decision. If you submit your appeal by regular mail, it should be
addressed to the Deputy Archivist of the United States (ND), National
Archives and Records Administration, 8601 Adelphi Road, Room 4200, College
Park, Maryland 20740-6001. Both the letter and envelope should be clearly
marked “FOIA Appeal.” If you submit your appeal by e-mail, please send it
to foia@nara.gov, addressed to the Deputy Archivist, with the words “FOIA
Appeal” in the subject line. Please be certain to explain why you believe
this response does not meet the requirements of the Freedom of Information
Act. All communications concerning this request should reference FOIA case
number RD 57236.

If you would like the opportunity to discuss our response and attempt to
resolve your dispute without initiating the appeals process, you may
contact our FOIA Public Liaison for assistance:

Accessioned Executive Branch Records – Washington, DC Area

FOIA Requester Service Center: 301-837-3190 <(301)%20837-3190>

FOIA Public Liaison: Martha Wagner Murphy

8601 Adelphi Road, Room 5500

College Park, MD 20740-6001

Telephone: 301-837-3270 <(301)%20837-3270>

E-mail: dc.foia.liaison@nara.gov

If you are unable to resolve your dispute through our Public Liaison, the
Office of Government Information Services (OGIS) is the federal FOIA
ombudsman. OGIS offers mediation services to help resolve disputes between
FOIA requesters and federal agencies. You may contact OGIS at the following
address:

Office of Government Information Services (OGIS)

National Archives and Records Administration

8601 Adelphi Road, Room 2510

College Park, MD 20740-6001

ogis@nara.gov

202-741-5770 <(202)%20741-5770>

1-877-684-6448 <(877)%20684-6448>

Dr. Amanda Weimer
Special Access and FOIA (RD-F)
National Archives at College Park
8601 Adelphi Road, Room 5500
College Park, MD 20740-6001
+1 (301) 837-0604

https://www.archives.gov/research/foia
Main FOIA Telephone: 301-837-3190

This email is UNCLASSIFIED.

From: Emma Best

Please simply send the file as an email attachment, this costs NARA less than a CD would, takes up no additional time versus locating and handing me a CD (and thus accruing no operator costs for duplication purposes), and would promptly fulfill the FOIA.

Thanks!!

From: National Archives and Records Administration

Ms. Hartman--

Please send Ms. Best a reproduction quote for receiving the 41 pages of RD
57236 via an email attachment, per her request below.

Thank you.

Dr. Amanda Weimer
Special Access and FOIA (RD-F)
National Archives at College Park
8601 Adelphi Road, Room 5500
College Park, MD 20740-6001
+1 (301) 837-0604

https://www.archives.gov/research/foia
Main FOIA Telephone: 301-837-3190

This email is UNCLASSIFIED.

From: National Archives and Records Administration

​Hi,
Attached you will find the ​reproduction quote and instructions on
payment. This quote will be valid for 90 days. Please be sure to send all
payment information directly to the Trust Fund. Once the Trust Fund has
received confirmation of payment, we will begin processing your order.
This can take 4-6 weeks, however we attempt to get the records to you
before that time.

If you have any questions, please let us know!
Jessie
--
Jessie Hartman
Government Information Specialist
Special Access and FOIA Branch
National Archives at College Park
301.837.1905

From: Emma Best

I asked for the files to be electronically transferred/emailed, for which there should be zero actual duplication costs. The quote you sent appears to have been for "Paper to Paper or CD/DVD."

From: National Archives and Records Administration

Hi,

We understand your request for "zero actual duplication costs" to mean
you are requesting a fee waiver. The fee and fee waiver provisions of the
Freedom of Information Act (FOIA), do not apply to the 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 USC 552 (a) (94 )
(vi)]. Accordingly,
the NARA fee statute, 44 USC 2116 (c), and implementing regulations at 36
CFR 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 purpose of the FOIA.

We are legally bound to charge reproduction fees for our records (more
information can be found in our regulations:
https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&SID=ba12875cd02d4f84c4062c1ea87b9208&h=L&mc=true&r=PART&n=pt36.3.1258),
however one way around reproduction costs is to view the records in person
(or send a representative on your behalf). It is our policy to make
records available for all researchers at our facility. Should you wish to
come to our facility in person, or send someone on your behalf, we ask for
no less than 48 hours advance notice to prepare the materials for you.
Again, there is no cost for records that are reproduced using personal
equipment.

Additionally, our fee schedule is based on the native format of the
records; as these records were originally paper, the reproduction fee is
$.80 per page, regardless of how you would like them reproduced. Again, we
can reproduce them one of three ways: electronically by emailing a link to
the file you can download, we can mail you a CD, or we can mail you a paper
copy of the file.

If you have any other questions, please let us know!
Thank you!
Jessie
--
Jessie Hartman
Government Information Specialist
Special Access and FOIA Branch
National Archives at College Park
301.837.1905

From: Emma Best

You reference 44 U.S.C. 2116(c) and state that you"are legally bound to charge reproduction fees for our records."

This, however, is not found in the text. According to the text, "The Archivist MAY charge a fee set to RECOVER THE COSTS for making or authenticating copies or reproductions of materials transferred to the Archivist’s custody. Such fee shall be fixed by the Archivist at a level which will RECOVER, so far as practicable, all elements of such costs, and may, in the Archivist’s discretion, include increments for the estimated replacement cost of equipment. " (emphasis added)

Further, 36 CFR Chapter XIII Subchapter C Part 1258 (which you linked to as providing more information), states at §1258.4 (a) " 44 U.S.C. 2116(c) ALLOWS the NATF to RECOVER all of its costs for providing records reproduction services to the public." (emphasis added) It elaborates that these costs include, salaries and benefits (perhaps you could argue charging me based on the time required to send an email), travel and transportation (does not apply), rent, communications and utilities (does not apply), printing and reproductions (emailing does not cost you anything for reproductions), consulting and other services (does not apply), payments to other agencies (does not apply), supplies and materials (does not apply),depreciation (does not apply), system upgrades and replacements (does not apply).

Per the regulations which you cited, you do not appear to be "legally required" to charge these fees. In fact, the fee schedule posted there seem to ALLOW (not require) to charge fees to RECOVER your costs. For records which have already been digitized, there are no reproduction fees. If I have missed a portion of the regulations, please quote me the relevant section.

Thanks!

From: National Archives and Records Administration

Hi,
Additional information, as well as appealing our fee schedule and fee
waiver denial, can be addressed to our appeal's office. Their contact
information and instructions to file an appeal are below.

Thank you!
Jessie

If you are not satisfied with our action on this request, you have the
right to file an administrative appeal within ninety (90) calendar days
from the date of this letter. Appeals must be in writing and may be
delivered by regular U.S. mail or by e-mail. By filing an appeal, you
preserve your rights under the Freedom of Information Act and give the
deciding agency a chance to review your request and reconsider its
decision. If you submit your appeal by regular mail, it should be addressed
to the Deputy Archivist of the United States (ND), National Archives and
Records Administration, 8601 Adelphi Road, Room 4200, College Park,
Maryland 20740-6001. Both the letter and envelope should be clearly marked
“Freedom of Information Act Appeal.” If you submit your appeal by e-mail,
please send it to foia@nara.gov, addressed to the Deputy Archivist, with
the words “FOIA Appeal” in the subject line. Please be certain to explain
why you believe this response does not meet the requirements of the Freedom
of Information Act. All communications concerning this request should
reference your case tracking number *RD 57236*.

If you would like the opportunity to discuss our response and attempt to
resolve your dispute without initiating the appeals process, you may
contact our FOIA Public Liaison for assistance:

Accessioned Executive Branch Records – Washington, DC Area

FOIA Requester Service Center: 301-837-3190

FOIA Public Liaison: Martha Wagner Murphy

8601 Adelphi Road, Room 5500

College Park, MD 20740-6001

Telephone: 301-837-3270

E-mail: dc.foia.liaison@nara.gov

If you are unable to resolve your dispute through our Public Liaison, the
Office of Government Information Services (OGIS) is the federal FOIA
ombudsman. OGIS offers mediation services to

help resolve disputes between FOIA requesters and federal agencies. You may
contact OGIS at the following address:

Office of Government Information Services (OGIS)

National Archives and Records Administration

8601 Adelphi Road, Room 2510

College Park, MD 20740-6001

ogis@nara.gov

202-741-5770

1-877-684-6448
--
Jessie Hartman
Government Information Specialist
Special Access and FOIA Branch
National Archives at College Park
301.837.1905

From: National Archives and Records Administration

In 4 days from the sending of this message, your FOIAonline user account password for requests@muckrock.com will lock due to inactivity. To prevent this from happening, please log into the FOIAonline application and reset your password.

From: Emma Best

I am appealing the fees levied.

NARA referenced 44 U.S.C. 2116(c) and state that you"are legally bound to charge reproduction fees for our records."

This, however, is not found in the text. According to the text, "The Archivist MAY charge a fee set to RECOVER THE COSTS for making or authenticating copies or reproductions of materials transferred to the Archivist’s custody. Such fee shall be fixed by the Archivist at a level which will RECOVER, so far as practicable, all elements of such costs, and may, in the Archivist’s discretion, include increments for the estimated replacement cost of equipment. " (emphasis added)

Further, 36 CFR Chapter XIII Subchapter C Part 1258 (which you linked to as providing more information), states at §1258.4 (a) " 44 U.S.C. 2116(c) ALLOWS the NATF to RECOVER all of its costs for providing records reproduction services to the public." (emphasis added) It elaborates that these costs include, salaries and benefits (perhaps you could argue charging me based on the time required to send an email), travel and transportation (does not apply), rent, communications and utilities (does not apply), printing and reproductions (emailing does not cost you anything for reproductions), consulting and other services (does not apply), payments to other agencies (does not apply), supplies and materials (does not apply),depreciation (does not apply), system upgrades and replacements (does not apply).

Per the regulations which you cited, NARA is not, as claimed, "legally required" to charge these fees. In fact, the fee schedule posted there seem to ALLOW (not require) to charge fees to RECOVER costs. For records which have already been digitized, there are no reproduction fees. If I have missed a portion of the regulations, please quote me the relevant section in the appeal denial.

Thanks!

From: National Archives and Records Administration

Your FOIAonline user account for requests@muckrock.com has been locked due to inactivity. Your account can be unlocked using the Forgot Password link at the top of any page within FOIAonline.

From: National Archives and Records Administration

The request has been rejected by the agency.

Files

pages

Close