LETTER TO THOMAS P. O'NEILL FROM HARRY E. FITZWATER

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87M01152R000500690019-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 28
• Document Creation Date: December 27, 2016
• Document Release Date: August 30, 2010
• Sequence Number: 19
• Publication Date: February 26, 1985
• Content Type: LETTER

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STAT
STAT
(b)(3)
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8 g FE81985
The Honorable George Bush
8resident of the Senate
Washington, D.C. 20510
Dear Mr. President:
Submitted herewith, pursuant to the provisions of S O.S,C.
552(4), is the report of the Central Intelligence ]agency
concerning its administration of the Freedom of Information 7~ct
(FOI~1) during calendar year 1984.
During 1984, 2,800 requests for information were logged and
put into processing by the l~gency, of which 1,519 were handled
under the Freedom of Information pct. Several hundred
additional request letters were received during the year but
not formally processed pending receipt of additional informa-
tion from the requesters. These incomplete requests were, with
but one or two exceptions, requests for access to personal
records, which, under the ~gency?s regulations, are usually
processed under the provisions of the Privacy 1~ct of 1974
(5 O.S.C. 522a) rather than the Freedom of Information hct.
Production/workload statistics for CY 1984 are enclosed at
Tab l-.
During CY 1984 the number of requests for information
increased by 334 over 1983. Despite the heavy demand to focus
our resources on world intelligence problems, we were still
able to devote the equivalent of 114 full-time employees to
the effort. The dollar cost for personnel alone to sustain
this effort amounted to over $3.29 million. Of this total,
$1.97 million was devoted to FOIA. We have not factored in the
cost of space and equipment needed to support our FOIA/P7~
activities, although we incurred substantial equipment costs in
an effort to achieve greater efficiency in processing informa-
tion requests. For example, during 1984 we purchased eight
additional word processors and associated hardware for use by
our case officers fn composing correspondence to requesters. A
significant improvement in the flow of correspondence was
evident by the year's third quarter. we were, in fact, able
to cope with a 14= increase in requests with no additional
personnel and at the same time reduce our backlog by 191
cases. 'in December of 1984 we brought on board three retired
annuitants as part-tine contractors to work some of the larger
cases that have tied up a si~.nificant amount of our staff
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Cenlr~l ~~ ~y
:~
s
t
.\.
wengpa-ncaosoa
The Honorable Thomas P. O'Neill
Speaker of the House of Representatives
Washington, D.C. 20515
Dear hr. Speaker:
Submitted herewith, pursuant to the provisions of 5 U.S.C.
552(4), is the report of the Central Intelligence Agency
concerning its administration of the Freedom of Information Act
(FOIA) during calendar year 1984.
During 1984, 2,800 requests for information were logged and
put into processing by the Agency, of which 1,519 were handled
under the Freedom of Information Act. Several hundred
additional request letters were received during the year but
not formally processed pending receipt of additional informa-
tion from the requesters. These incomplete requests were, with
but one or two exceptions, requests for access to personal
records, which, under the Agency's regulations, are usually
processed under the provisions of the Privacy Act of 1974
(5 U.S.C. 522a) rather than the Freedom of Information Act.
Production/workload statistics for CY 1984 are enclosed at
Tab A.
During CY 1984 the number of requests for information
increased by 334 over 1983. Despite the heavy demand to focus
our resources on world intelligence problems, we were still
able to devote the equivalent of 114 full-time employees to
the effort. The dollar cost for personnel alone to sustain
this effort amounted to over 3.29 million. Of this total,
1.97 pillion was devoted to FOIA. We have not factored in the
cost of space and equipment needed to support our FOIA/PA
activities, although we incurred substantial equipment costs in
an effort to achieve greater efficiency in processing informa-
tion requests. For example, during 1984 we purchased eight
additional word processors and associated hardware for use by
our case officers in composing correspondence to requesters. A
significant improvement in the flow of correspondence was
evident by the year's third quarter. We were, fn fact, able
to cope with a 14s increase in requests with no additional
personnel and at the same time reduce our backlog by 191
cases. In Decepber of 1984 we brought on board three retired
annuitants as part-time contractors to work some of the larger
cases that have tied up a significant amount of our staff
$ 6 fE8 1985
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officers' time. These contractors are still being trained,
but, their help should be evident during 1985. The number of
administrative appeals did increase by 28 during 1984, but we
consider an increase in appeals normal as initial responses
increase. At year s end our appeal workload was 143 cases, the
increase representing an appeal rate less than 1 percent of our
initial responses.
Even discounting our expenditure for space and equipment,
which was significant during 1984, the administrative burden of
the Act continues to be as heavy as in past years. Since 1975
we estimate that the Agency has spent over $28 million in
personnel costs alone for processing information requests--15.6
million for FOIA. The provisions of the Act that permit the
Agency to charge fees for record searches and duplication are
inadequate for recovering even a reasonable part of the costs.
The Agency has thus far collected a total of 89,663 in fees.
When compared with expenditures for administering just the FOIA,
this continues to amount to a return of slightly over one-half
cent on the dollar. Because of the number. of fee waivers or fee
reductions granted, the Agency was able to collect only ~~,639 in
fees and advance deposits during CY 1984--about half the amount
collected in 1983.
With the passage of the CIA Information Act of 1984, our main
concern about FOIA--namely its effect on our intelligence
collection effort--should be alleviated. We believe that there
will also be a beneficial result for our requesters in that
manpower formerly devoted to reviewing files no longer subject to
FOIA search can now be used to reduce our backlog and provide
faster response on newer requests. Even though we expect our
response time to improve considerably as a result, we will still
be unable, as in past years, to meet the response time
requirements imposed by the FOIA. The Agency is committed,
however, to establishing a program designed to reduce
substantially our current backlog of requests. Details
concerning our efforts will be reported to Congress semiannually
beginning in April. Additionally, the Agency will maintain the
current budgetary and personnel allocation for processing FOIA
requests for a period of two years following passage of the Act.
These measures should result in a substantially reduced response
time.
Sincerely,
.,. ~
H ry E. Fita+fater ,
Deputy Director
for
Administration
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FREEDOM OF INFORMATION ACT
ANNUAL REPORT TO THE CONGRESS FOR T8E YEAR 1984
.-
1. Total number of initial determinations not to com 1 with a
request for records Wade under subsect on 552(a : 58
2. Authority relied upon for each such determination:
(a) Exemptions in 552(b):
Number of times (i.e.,
Exemption involved requests) invoked
(b)(1)
540
(b)(2)
3
(b)(3)
593
(b)(4)
2
(b)(5)
~
~
(b)(6)
29
(b)(7)
13
(b)(8)
0
(b)(9)
0
(b) Statutes invoked pursuant to Exemption No. 3:
Number of times (i.e.,
Statutory citation requests) invoked
50 U.S.C. 403 (d)(3) 593
and/or 50 U.S.C. 403g
(c) Other authority: None
There were 583 other FOIA cases in which the requesters
were neither given access to nor denied the records sought. None
of these cases was regarded as a denial, however, inasmuch as the
Agency was either prepared to act upon the request or there
proved to be no records to act upon. Accordingly, they have not
been included in the 658 figure provided in answer to question
No. 1, above. In 148 instances, our searches uncovered no
records relevant to the request. In 13 other cases, we found no
CIA-originated records, but did locate in our files pertinent
documents created by another agency, which were subsequently
referred to the agency of origin for review and direct response
to the requesters. There were 14 instances where the information
requested did not fall under CIA's jurisdiction, and the
requester vas thus referred to the agency or agencies having
cognisance over the records. In 9 cases, requesters appealed on
the basis of our failure to respond within the statutory
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deadlines in another 15 cases, the requesters chose not to
exercise their right to administrative appeal and went directly
into litic,~ation for the same reason. In each of these instances,
therefore,- the initial processing of the requests progressed into
the Agency.'s appellate or litigation channels. Fifteen requests
were t?tithQ~awn by the requesters after processing had commenced,
but before action on them could be completed. Finally, 369 cases
were canceled by the Agency because of the failure of requesters
to respond to letters asking for clarification, additional
identifying information, notarized releases from third parties,
fee payments, fee deposits, or written commitments that all
reasonable search and/or copying fees would be paid, etc. In
each of the latter cases, at least 90 days had elapsed without a
reply from the requester before action was taken to discontinue
processing.
3. Total number of administrative a eals from adverse initial
decisions made pursuant to subsection b)(6): 3
In nine other cases, requests which were initially processed
under the provisions of the Privacy Act were processed under the
Freedom of Information Act upon appeal, in accord with the wishes
of the appellants. These were requests for access to personal
records, which the CIA usually processes under the Privacy Act
rather than the Freedom of Information Act.
(a) Number of appeals in which, upon review, request for
information was granted in full: None
(b) Number of appeals in which, upon review, request for
information was denied in full: 14
(c) Number of appeals in which, upon review, request was
denied in part: 10
4. Authority relied upon for each such appeal determination:
(a) Exemptions in 552(b):
Number of times (i.e.,
Exemption invoked appeals) invoked
(b)(1)
21
(b)(2)
0
(b)(3)
23
(b)(4)
0
(b)(5)
2
(b)(6)
6
(b)(7)
1
(b)(8)
0
(b)(9)
p
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(b) Statutes invoked pursuant to Exemption No. 3:
;' Number of times (i.e.,
Statutory citation appeals) invoked
50 U.S.C. 403(4)(3) 23
and/or 50 U.S.C. 403g
5. Names and titles of those ersons who on a eal were
res onsib a for the denial n whole or in art of recor s
requested and the number of nstances of participat on of each:
Taylor, James H.
Fitzwater, Harry E.
Gates, Robert M.
Stein, John H.
Stein, John H.
George, Clair E.
No. of instances
Title of participation
Former Inspector
General
Deputy Director for
Administration
Deputy Director for
Intelligence
Former Deputy Director 11
for Operations
Inspector General 1
Deputy Director 5
for Operations
Hineman, R. Evan Deputy Director for 4
Science and Technology
6. Provide a co of each court o inion or order ivin rise to
a proceeding under subsection a (4)(F): etc.: None
7. Provide an up-to-date copy of all rules or regulations issued
pursuant to or in implementation of the Freedom of Information
Act (5 O.S.C. 552):
Handbook HHB-70-1 submitted with the 1983 report is
still valid.
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8. Provide se aratel a co of the fee schedule ado ted and the
tote ollar amount of fees collected for makin records
ava ale:, _
See Tab B for a copy of the fee schedule.
~e total amount collected and transmitted for deposit
in the U.S. Treasury during 1984 was 4,638.85.
9. A. Availability of records:
As the CIA does not promulgate materials as described in
5 U.S.C. 552(a)(2)(A)-(C), no new categories have been published.
In the case of each request made pursuant to the Freedom
of Information Act, all reasonably segregable portions of records
are released.
A total of 206,629 actual man-hours of labor was devoted
during calendar year 1984 to the processing of Freedom of
Information Act, Privacy Act, and mandatory classification review
requests, appeals, and litigation. Taking into account leave and
holidays, this would equate to approximately 114 full-time
personnel. ire estimate the average grade for professional
employees at GS-12, and for clerical employees GS-06. The funds
expended during calendar year 1984 on personnel salaries, if
overtime payments are ignored, would thus amount to 2.98
pillion. If fringe benefits such as retirement and hospital-
ization are factored in as amounting to 10 percent of the
salaries, the total personnel costs come to $3.29 million. Of
this total, approximately $1.97 million can be attributed to the
Freedom of Information Act.
C. Compliance with time limitations for Agency
determinations
(I) Provide the total number of instances in which it was
necessary to seek a 10-dav extension of time: None
The Agency's processing backlogs have been such that in
almost all instances the deadlines for responding to requests and
appeals ezpired prior to our actually working on them. We were
seldom in a position, for that reason, to assert that any of the
three conditions upon which an extension must be based existed.
isle have, accordingly, explained the problem to requesters and
appellants and apprised them of their rights under the law.
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(II) Provide the total number of instances in which court
appeals were taken on the as s o ex aust ono adm nistrative
rocedur s because the A enc was unable to com 1 with the
re9uest Within the appl cable t me nits: 1
:Of these, seven actions were brought under the FOIA and
four were brought under both the FOIA and PA.
(III) Provide the total number of instances in which a court
allowed additional time upon a showing of exceptional
circumstances, together with a copy of each court opinion or
order containing such an extension of time 4
Copies of the pertinent court orders are attached at
Tab C. No written order was issued by the court in May v. CIA
(CA 84-0932). Additional time was granted pursuant to an oral
agreement at status call.
D. Internal Memoranda:
See Tab D.
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Production/Workload Statistics
workload:
Cases carried over
F_ PA EO* TOTALS
from 1983
Cases logged
1711
1118
317
3146
(53.0)
during 1984
1519
1052
229
2gpp
47
Totals
3 32 0
'0)
(
2170
546
5946
Actions taken:
Granted in full
t
d i
G
227
200
88
515
(17
2
ran
e
n part
d
387
380
137
904
'
)
(30
Denie
in full
271
152
72
.2)
N
d
495
(16
6
o recor
s found
N
CIA
148
437
0
585
.
)
(19
6)
o
records found
13
6
0
.
C
ll
d
19
6
( 0
ance
e
369
Wi
hd
32
1
402
.
)
(13
4
rawn 15
t
R
d
f
2
1
18
.
)
( 0
6
e
erre
elsewhere
14
6
.
)
E
l
1
21
( 0
7
ar
a
Y PPeal
E
l
liti
9
1
0
10
.
)
( 0
3
ar
y
gation
15
7
0
.
)
T
l
22
( 0
ota
s:
1468
1223
300
"~gl
.8)
(100
.0)
Cases carried over
to 1985 1762
947
246
2955
Change in workload +51
_171
-71
-191
(-6)
*These are requests processed under the mandatory
classification review provision of Executive Order 12356. Most of
them are either referrals from the Presidential Libraries or
declassification requests from other Federal agencies.
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7~~20 Fttderal Register Vol. dS, No. !'ll /Thursday, Novthrtbrr 13, 1980 /Rules and Regulations
~AlAt fNTetlOiNCE AOWCY
~'l Q M 100
t~itrEs Aaoaaa w Oaca~wsaMs assd
tMowi ans/ Oad~iotrlian
M~
AiO~ICY: Central latelligerlee Agency.
At110N: Finn) rule.
tI1q~C71VE PATE: November 13. 1990.
~ 1700.21 t4aa isr raearra aalrioas.
(a) Search and duplication Ices ssllall br
elsar>,ed according to the schedule set fcuth
in Oeratrat~ Ic) d this section for ten?icws
teaderrd in responding to requests for
Aglrrscy records under this pri. Rernrds
shall Itr furnished without charge a at a
sedsotd rate whenever the Coordinator
detenlittes that a w?ai.~er or reduction of
the eMrse is in the public interest because
Ding the information can be eonsid-
end as primarily bene5tiug the general
public. Thus, tllt Coordinator shall dtttr-
saisethe a=istenee and extent d any identi-
fiiablebale6t which w?ouW result from
GQrs~irhiug the requested information and
4 :loll consider the fdlclwing factors in
~sakiag this determination
(!)The public or private character of the
ie~ostsssation sought;
(!)The private interest d the requester.
p) The numbers d the public to br
besleited;
N)Thr significatlce d the bene5t to the
R The usefulness d the information rte
the public; and
16)The quantity d similar or duplicative
iidorssoation already in the public domain
In wo case will the asxssrnent of fees be
diliaed as an obstacle to the disclosure of
the requested inforsmatiml. The Coordina-
br tmy also waive ar reduce the charge
w?hewevrr Ile determines that the interest d
the government would be served thereby .
Fees shall not be charged where they would
at?omt, in the aggregate, for a request, or a
series d related requests, to less than life.
Diemis d requests for fee waivers may be
appal4d by whiting to the Esecutive Serrt-
fan dthe Information Review, Committte-
rd tLe Coordinator.
Ib) In order to pndect the requester and
the ARrtlcl fmm 6r1te?. tuleapetYrd fees,
w?htn it is anticipated that the chart!!-s will
amount to mutt than =25, tllt prncrssirgt d
the fequ~ shall be susperlckd until the
requester indicates his willingness In py.
The requester shall be nntitied and asked
for his tnmmitmeM to py all rrastlrlahlt?
search and duplication fees At his tlptitlrl?
the requester may indicate in ad.-anew a
dollar Iimilalic-n to the fees. In such an
event, tlw (;rnrdinatar shall initiate a
search of the system or systems d rectlydc
dewmed rrltlst likely In prtrdllcw relevant
rtc?clyds, iratrudirat the system marwtzrrs to
disrnnlinelr the search as soon as Ihr stipel-
lated amount has been ezpe?tldrd N'hrtr
an advance limit has rlol been stipulated.
Ills (:tlordinator may, at hi.. discretion or a1
the behest d the re'que'ster. cclmpilr an
estimate d the search fees likely ttl he?
incurred in proc?essirlg a rrgeltst. tx e-f such
portion thereof a? can readily hr estimated
The requester shall lx? prtlrrlptly nclti6t?d of
the amount and Ile asked to apprtwe its
expenditure. In thtlse' ease?a where the (:teeer-
dlrlaltti ectllnat!?~ that tier frt. N'ill Ik? tllle-
stantial. an advantw drp~Kit of al- prnwnt
of the estimated few. will Iw? rreplirt?cl. in
throe, caw w he?rr !beer i. rw.vlnablr tvi-
dtncw That the rrgere?slrr may pxsihl) fail
to Wy the few. ve-hlch would Iw? an?relt?cl lit
proc?tssing hi? re?tpled. an adlarecr dt?ptKn
of 1(1!1 tk?rtwnt e-f the, estinlattd Gw. vrill Iw?
required. The ntdicw elr rrgelrst Gee an
advance depeesit shall extend an offer Ire the,
requester w hereby hr is afftlyde?ei an opptlr-
tunily to rr~ise the request in a manner
ealulatrd tt. reduces the fors- Dispatch of
such a notices or request shill suspend tlet?
running of the period for response, by the
Agrnc?y until a reply is rrcwivrcl (rtlnl tllt?
requester.
Icl The schedule elf few. Gtr srn?itw.
performed in rtspclrlding to requests for
Agency rectlyds is established as fclllows
Il 1 For each tole quarter hour- or fraction
thereof. spent by clerical persollnrl in
searching for a rernrd, i1.5u;
l21 For each t-rle quarter Iltltlr, wr fraction
l}lereYlf. spent by professional tlerstlrlnrl in
searching for a rrc?ord? i3 5(-.
13) Fa each on-knr computer starch,
il1.W
(~) For each oB-line (batch) e'omputer
search d Central Reference tiles, t~.00;
15) For all other aN-line computer
ssearrhes d Agency 6ks, 18.00 per minute
d (:corral PrtlcYSrirlg Unit (CPU) time;
16) For rrrpies d pptr documents in ttists
rNlt larlter than ts'~ X 1~ inches, !10.10 per
copy d each page;
(~- For duplication dnon-pope! media
Ifilnl, mattrlelic tape. etc.) or any document
that cannot Ile reproduced on a standard
offices rnpier? actual direct cost; and
(91 For eztra copies d reports, maps,
references aids, and other Agency publica-
ticros. aHllal rnst.
Idl Inasmuch as the Agency-s systems d
rrrnrds are highly decentralized, several
compeller searches may be required to pro-
ces.~ a request. depending upon its scup!.
The e?elrrlpeltrr starch costs given in para-
paple Ic), of this senxm, do not inclucle
w?hattver professional 'clerical search time
is twrded to determine whether the records
located are in fact responsive to the repots!.
let Srarc?h fees art assessable turn w?Ilen
r1(l re?crlyds pertirlenl to the repueSts? Or TM
releasahlr rernrds art found, provided the
rrgllestrr ha. hewn advised d this fact and
he Ilan, that rlotw?ithstanding agreed to in-
l'llr the t'eKl~ elf ftarl'II
if - For requests which have accrued sub-
stantial starch and duplication fees, or for
requests for re?crnd~ which Ilavt hero prtvi-
oush released. or where there is reasonable
tvidencr that the requester may possibly
fail to pay the accrued fees, thin, at the
discretion of the (;tlordinator? !let requester
mad Iw required Io pay the accrued starch
and duplication fees prior to the actual
delivery of the requested records: otlltr-
w~isr, the requester shall bt billed for swch
few. at the time that the rernrds are provid-
ed. Payment shall Ile remitted by check or
n1O1j't ordtr? made payable to tilt Treasur-
er of the t'nited Stotts, and shall bt sent eel
t~? Ctlnrdirlator. 11o appeals or additional
requests shall he accepted for Drocessing
until the requester hoc paid all outstanding
charges for sen?icess rendered under this
part
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--_~ ~..r vaw~ba i71bTRIf`T Mttt.w~ _ t
~~+~ z-AZ DisTRICT OF COLUMBIA rte` ~~? ~ ~ ~ !~- .
JAMES H. LESAR,
plaintiff,
CENTRhI. INTELLIGENCE AGENCY,
Defendant.
Civil Action Ito. ?~_=~~l
O R D E R
This matter has come before the Court on plaintiff's applica-
tion for a temporary restraining order and counsel have been bard
in open court. It appears to the Court that plaintiff bas delayed
unduly with regard to his request of June 2B, 1963, and that the
defendant should have an opportunity to search for and process
records responsive to plaintiff's request dated August 2t, 19e~.
It is, therefore, this 17th day of September, 19@~,
ORDERED that plaintiff's application for a temporary restraiA-
ing order is denied; and it is further
ORDERED that when defendant files its answer, rhich is due
on October 17, 196, it shall include a statement as to rhen the
search for and processing of responsive, documents shall be
r
completed; and it is further
ORDERED that, if is the meantime particular documents are
located rhicb can readily be released to plaintiffs, ~e_defeadant
sm~ P~'[ies
wriri.n;v directly to the ~~.
4/9!84 oopy- mailed to:
L.Rieser.Esq.
`,_ G /~~ A'Bwi~:E ;A.U.S.Atty
OR
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UNl?ED STA?ES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
ANTHONY SUMMERS
plaintiff.
v.
CENTRAL INTELLIGENCE AGENCY
et al..
Defendants.
Civil Action No, d4-27S4
8 Z I p U L A T I 0 N
FILED
':Oil 6 ~
1ANi.S f: DAVEY, Clers-
Pursuant to the discussion at the statue 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 tre following agencies or components of the
United States government:
A. The Federal Bureau of Investigation (FBI)
8. 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
s policy and Review 4
plaintiff seeks these documentc to assist in research on a
book
on the death of oovie actress Marilyn Monroe,
lI. The agencies and components have been processing
plaintiff's requests both before and after this case vas filed.
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In addition, continuing and extensive discussions ha
place between counsel for the p Ve taken
artier and agency representatives
:egasdi~g the handling of plaintiff's requests.
II1. This stipulation has been entered in order
t~odate four concerns: to accoID-
A. ?hE c.r2Erly dispa:ition of tr,is lawsu'
it.
B. Plaintiff's desire to receive materials
pertinent to his resedre} within a
reESOr~able lice,
~? The need to reduce the tasks presented to
the agencies in order to scconplish III
B above.
D. The need to process the records in a caret
manner, so that ul
plaintiff_will receive that which
he is entitled to, while at the same time assuri
thst exempt information is ro erl ng
P P y protected,
e_$. classified r.,~terial,
it:tt~rnal memoranda,
confidentiality and legitimate primacy interests.
IV. Because of the limited amount of its potentia
responsive material, lly
the State Department has completed its
processing of the documents, and has zeported the results
plaintiff, furnishing certbin documents. The Treasury to
and the Justice Departriert components other th Department
an the FBI have
eon':eted their- sea'c'~es ar.2 re:-c:tec tc ! la:r.riff tha-
no zesponsive doc;:r:er.t s . the`' have
V. Plaintiff and defendant FBI have agreed to a re
lotion of the scope of several of plaintiff's Fr forma
oration Act (FOIA) tequests as specificall ~ eEdom of Infor-
y set forth belok?. This
2
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zefors~ulation recognises the desire on the part of the plaint!
to receive as ouch information as soon as ossib ff
P le on the olti~ate
subject of his various FOIA requests= that beinj the life and '
death of I:arilyn Honroe and her relationships with various ub
figures. including Robert F, and John F. Kenned P lie
t- y this rcformula-
?C'~~- c?..~?~:RZ GS 1r.fGrL.eL]C`T. ~:. FLi
files zele~?ant to the subject of the actual individual ze ues
which appears to have no relevance to the research on q t
plaintiff s
book. For exanple. in the Spindel request (Request 24S4SS, Coun
II) Federal Bureau of Investigation Headquarters (FBIH t
contain approximately 6.00 pages relatin t Q) files
g o Spindel. but very
few references either to larilyn Monroe or to the two area
s
plaintiff deemed related. Thezefore~ 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 zev:eved to determine if they beat in any reasonable mar,r~er 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 ano after her death. The late 1966 -
early 1967 period ~??as chosen because of allegations that certain
~?iretap tapes of I!onroe's voice with others were confiscated in a
Taid by local authdrities on Spindel's home. Once these records
e4Les: w'::'- be pzece_sec ~=,2e. tl:e iOIA for re:ease to pl~:ntiff
It is unde:s:ood that this stipulation controls the extent of th .
FBI's FOIE - e
p?ocessing of tl:e subjECts discussed herein and that
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those prior srgvests which have been reformulated ?re rendered
moot by thic stipulation.
Phis stipulation will also address the amount of material
remaining to be processed under the reformulation and the a rox-
imate amount of time necessary to accoII~plish this. In pp
addition.
this stij?ulatior. ~i:l describe in genEral ttrms thF material
requESted by plair,tiif which has already been processed and
released.
A. 1~;srilyn Monroe: The FhI has already furnished
plaintiff with previously processed material concerning Monroe.
In aodition, 25 "see" references (a~r~ounting to approximatel 180
pages) must be processed for FOIA exemptions by the Di y
sclosuze
Unit of the FBI's Freedom of Information Privacy Acts (FOIPA)
section, Records I~:ana ement Division ., .,
E (~)? These see refer-
ences must also be processed by the Classification Appeals and
Affidavits Unit (CARL) of the FBI's RA:D 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 a.aximum reieasability to plai~~tiff while insuring that
applicable provisions of Executive Order 12356 (regarding National
Security Information) are complied with is a time consumin one
ane~ accounts for a majority of the processin g
g period. (2) In
*processing "see" references, it is necessary to examine not onl
the refezence~ y
the serve:, bc: also other documents beari^g on
releasability, which ma be extensive.
y (3) This review b
' y the
Classification Appeals and Affidavits Unit is also necessar for
other portions of plaintiff's requests and this discuss y
ion simi-
larly applies to those requests and will be noted as appzo riat
p e.
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B. Novi; preprocessed material concerning Novotn
bad already been made available for release to plaintiff v y
additional "eee" zefertnces remained for roc bile ld
P essing. It has
recently been determined that these "see" references are i
cal to wterial ahead denti-
y provided plaintiff through the "BoWtie"
request tdiscuscad :r,srZ). T'~e;efore. no further processin
remains or. Tovotny. 8
C. Gree:,son: ?? .~
Eight see references amounting to
approxi~stely 20 pages must be processed by the CAAU and the
returned to the Disclosure Unit for further processin a n
release to plaintiff. 8 nd
D. Sukarno: One 160 page "main" file and 132 "see"
references
ert
p
aining to Sukarno were reviewer sccordin to
8 the
reformulated request and 40 "se
"
e
references amountin
8 to approx-
imately 100-130 pages wEre determined to be rele~
s
Zeviewed by CAAU and then returned to the Di nt and must be
sclosure Unit for
furth
er processing and release to plaintiff. 1~
E. Field: 850 pages pertainin
g to Field must be
reviewed b
CAAU
y
prior to reviek by the Disclosure Unit bef
ore
release. Plaintiff has indicated th
at processing of the
material is not a priority matter and therefore i Field
t
is agreed that
whsle this material will be processed. it wi ~
11 be done only after
other priorit
y prc~e:s:ng has testa com, feted. This wifl ?n
of be
a~complishee~
w:thir. tYe deadlir:e co~zr. ~ b~ tr:s st ~
ipLlation.
r, t e case o. LKarno~ the request ~-?as reformulated to
relate to Suksrno's sexual proclivities.
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F' 96'j_: This file is identical to p
files on John F. Kennedy and has been Dove='s "OiC"
Preprocessed for =eleast to
other sequestors. Arrangements are underwa
material to plaintiff. y LO forward this -
G? Killer Fzasca. Chans Renav: Alai
adrisFd th2L ::thou; ~'ri:ten autho? ? ntiff has been
izatior. frog. these individual5~
the FBI could neither confirm nor deny the axis
pertaining to them because to do so would c fence of records
missible invasion of their personal ?r'stitute an imper-
privacy. plaintiff has to
date not provided these authorizations and there
not searched its central records s stems fore the FBI has
to them. Igo action is y indices for references
therefore, to be tsl%en as to them.
~? BoMtie: Certain preprocessed caterial on "
reeuested b Bowtie"
y plaintiff has been forti;Qrded to hiD. ?/
H? Horan: Eight "see" references a?ountin
imatEly 20 pages must be reviewed Pnd processes b g to approx-
Cnit. and. if classification implications y the Disclosure
references must also be reviewed b are found. these
y the CAAL'.
I ? E_ awe, l l : 1'he Disclosure Cnit has revie~-?ed
matrly 1.600 pzgeS of material pertainin aPPrOxi-
objectice of determinin g LO EaPell with the
g its relevance to the reformulated
request. Material dated from 1961-1963 ~?as reviewed
connection to Marilyn I~;onzoe. Robert F, for any
?~ ~ Keened
both of their se?;?- S and/or either oz
L~1 pzocli~-ities o: Monroe's suicicr and none
a nt reserves t e right to request that the ?'g ?~
material be rE-classifieo but it is agreed th
lion will not be accom~ at such reclassifica-
herein. dished in the time period specified
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were located. Therefore no further
' pzocessin
will be undertaken. ~~ g of these files
.'a? S indel: In an effort to reduce the amour
sing necessar t of procet-
_, y on the approximately 6.000 a es p
Spindel, it was agreed that the variou p 8 ertaining to
s FBIHQ files would be
grouped in beginning and ending date order and that
files or references falling ~:ithin the reletia only those
reviewed for relevance to the reforiaulate nt dates would be
d request. It was agreed
that files which fell within 1961-1963 and all of 1
reviewed. For example, if a file was o ere 96~ would be
and closed on Januar 1 P d on January 2, 1960
Y 1962 it would be reviewed; conversely,
if a file ~-?as opened on October 1, 1955 and closed
1960, it would not be reviewed. Onl ?n October 1,
at some period within the relev y those files which were open
ant dates were reviewed. Based on
these parameters. Special Agent Douglas S. Garrison
Legal Counsel Division personally reviewed a of the FBI s
files oz "see" reference for information pproximately 20 main
falling ~?ithin the reformu-
lated request. In addition to the general refora~ula
earlier. this material was also reviewed to de Lion discussed
references to a raid b Ler'mine if it contained
y local authorities on Spindel's home in
which tape recordings pertaining to Monroe were sei
la~.?suit relatin zed, or any
g to said raid. Five references were located which
are arguably within the scope of the reformulated re ues
which is a publicasource.documeT~r? q t. one of
4 ;
These docurents will be
r 8 t e parties isc;:ssicln of this stipulation,
requested an amplification of the reformulaticn plaintiff
The parties intend to present a supplemental sti ul LO Capell.
respect on ar before roretber 30, 1984. P ation in thic
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revicwt?d by the Disclosure Unit for processen ~ an
by the CAAU. Prior to release, 8 d? if nectssary
On February 16. 19b4 after a rt4uest from
records on S indel plaintiff for
P the New York Office of the FBI advised
of f that a search of the Ne~-? York Office indice Plain-
any zeie-Fr.ces to Spiadc?1. Aftez a ze~?1e~; s had not locattd
y s~
.Garrisor?, a nuaber of communications of tb.I~Q f ilea b
indicating that Inez; York had frou~ New? York were noted
records which they had failed to
locate. L'pon re-Eya~iration of the Nez-? York Of '
records peztainin flce indices.
g to Spindel z-ere located ar,d are currentl
being processed for release in accordance with th Y
described herein, a reformulation
This processing will be completed within th
tine established by this stipulation. e
~. Balletti Fetterman; The FBI identified t
materials and plaintiff's counsel informed the a he Balletti
receired them for a different re uestor. ?^ gency that he had
4 It gas agreed that they
w~-~~:d not be further processed. SA Gari;son infozm
counsel that the Rattera,an materials did not ed plaintiff's
to Karilyn Monroe or to her involvement kith contain any reference
John F. I:enned Robert F. Kennedy or
Y? Plaintiff has re nested that the
q public source
material relating to Ratterman be processed. The FB
this. and z:ill ascertain ~-?hether this can be a I will do
the time period specified herein. ~ ccomplished within
VI . :hE Fb? ze :: e ~ z:.: s
Lhet it I;c~ cozr:::EC considersb:e
personnel and resouTCes tc, the processing agreed u o
stipulation, consistent with its huge backlo P n in this
processing and litigation. many of which 8 of FOIA requests in
It is agreed that the FBI will com lets are under court deadlines.
P the processing of plaintiff's
8
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reformulated request within three months of the
stipulation. It is agreed that as matezi date of this
ismnediately br forwarded to lain al is processed. it will
Plaintiff has indi p tiff on ? continuing basis.
Gated that he desires trat processen` of
the Monroe ?'sea?. references be accomplished fi
order o. r.crit rst? followed in
p ;
y? by SLk~rno~ Grernson and ro:ar.,
VII. The CIA,
A? On 3 Au~u.st 1983 plaintiff submitted a FO
to C1A for ir. o=oration ertainin IA tequest
f p
8 to the following 12 pezso:~s:
Arthur Miller
Joe DiMaggio~ Sr,
A, Frank Cappell
Juditr. r;eredith
Fred Otash
Reed {:ilson
Fred Bauersfeld
Frank Sinatra
Stanley Gerboba2
Hyman Engleberg
Arthur James Balletti
RolPh GreEnson
B? On 25 Au?ust 1983 defendant CIA res and
plaintiff's FOIA re uest of 3 Au ust b p ed to the
q g y zequestin
on the following six persons: 8 biographic data
Judith Meredith
Fred Bauersfeld
Fred Otash
Stanley Gerbobai
Reed Wilson
Arthur Jaffes Balletti
C' Also in G.IA's response of ~S August it r
stateaents au.hor:z:ng t:~e re?Ease or e9yested
Personal irfomation on the
following 1p persons:
Arthur Miller
Joe DiMaggio, Sr,
Judith Meredith
Fred Otash
Reed Wilson
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Fred Baurrcfeld
Frank Sinatza
Hyman Engleberg
ArthurCJan1esoBa
lletti -- :~;
D? Further, in its letter of 2S A }
denied a fee waiver which had been re uesLe ugust defendant CIA
lettcz of 3 August, q d by Plaintiff in his
E? ~ 22 December 1983 plaintiff
death certificates Provided copies of
pertaining to Frank A. Capell and Ralph R.
Greenson.
F? ~ 11 Januar
y 1964 oefendant CIA acknowledged
receipt of the two aforementioned death certifi
plaintiff that he had not made a commitment cafes and reminded
Plaintiff ~-as told that further to Pay search fees.
Processing of his request would
be held in abeyEnce pending his conar:itment to
G' ~ 28 I~ovembEr ]9b3 plaintiff pay search fees.
to CIA for-information made a FOIA request
pertaining to Fredrick Vanderbilt Field.
Plaintiff enclosed a notarized privacy waiver
did not make a feE commitment, from Mr. Field but
H? ~ 14 December 1983 defendant CIA
receipt of plaintiff's request pertainin acknowledged
plaintiff that CIA would not begin ro g to Field, and informed
he had made a commitment to P ceasing this request until
Pay fees,
' I? ~ 27 Januar
y 1984 plaintiff
b
su
aitted
request to CIA ;or a FOIA
_ecores pe:tsinin
Flaint3ff enclosed a co S LO Ben:ard B. Spindel.
Py of Mr. Spindel's death certificate.
J? On 24 Februar
y 1964 , CIA acknrn:led ed
plaintiff'a request pertainin 8 receipt of
g to N.r. Spindel. CIA also asked
for Spindel's date of birth, and informed
plaintiff that there
10
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could be no waiver of search ices at that time and that
of the Spindel request would be held in abeyance en processing
of plaintiff's fee commitment and Mr. S in p ding receipt
p del'a date of birth.
K? On 19 April 1964 plaintiff cubmitted ? FO
re nest to ClA for zecords ertainin IA
q p
g to Marie Novotny. A copy
o: r:~. I~evotny's oeath cErtificate was enclosed with
corres ondEnce, this
p Plaintiff made no fee coam~itment in this re ues
L? On 8 May 1984 defendant CIA ackno~?led ed q t-
of plaintiff's FOIA rE4uest of 19 April, g receipt
('%? On 10 SeptFC,ber 1984 plaintiff filed the inst
civil action, ant
fi. On?24 September 19b4 plaintiff made the re uis
fee cumr-itments with respect to his requests for recor q ite
to Spindel and Capell, ds pertaining
G? The Central Intelligence Agency has undertake
thorough and dili ent search of all a n a
6 ppropriate records systems
for records pertaining to Nessers Capell and Spindel.
p? With respect to Mr. Capell no records were fours
d.
Q? With respect to rfr. Spinde l CIA identified t
follo~?ing records which ma be res onsive to ~ he
y p plaintiff s request:
(1) 17 CIA documents consisting of approxi-
mstely 45 pages; and
t2) 15 FBI documents consistingg
imat~ely 98 pages, (T'hese do umentsr are
being =referred to the FBI for direct ~
response to the plaintiff.) 4/
nt t e as a an opportunity to review these referr
?ocuments. it cannot estimate the time for their ro ed
p ceasing.
11
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R? The ses onsive CIA docuaents
p pertainin
Spindel contain only a sin le 6 to Mr.
6 two-sentence reference to Marilyn
Monroe contained in ? six page C1A document dat
VIII. Pursuant ed 20 February 1961.
to thr direction of this Court attorne s
for plaintiff and CIA have met and discussed y
plai:.tif: narto~ir.E his request. As a the possibility of
result v_ those discussions
plaintiff has agreed to narrow his request to
pertaining to r;r, S include records
p=ndel which mention or reflect a relationsh
or connection. of any kind ip
between I~ir. Spindel and tfarilyn
Monroe.
IX. Defendant CIA has agreed in turn to
e~ays a co provide within two
py of the document pertainin
g to Mz. Spindel which
contains the single reference to Ms. Monroe. CIA
documents responsive to the request as nazro has no other
document will be sanitized. the referee wed.) Although this
ce to Ms. Monroe will be
released in its entirety.
~. Without further search fee cotaZitments. de
will continue to hold ~ fendant CIA
plaintiff s remaining FOIA requests in
abeyance. S~
- - ----~ WVGL v. 1yK4~ plaintiff's
defendants counsel
h
el
t
orall
at plaintiff's counse
IDakirg a fee commitment as to four additional in y stated to
parties are discussing the formulati 1 is writing a letter
timing of their processin dividuals. The
tine with an additional sti ulat ?n of those requests and the
g, and intend to suppleaent this stipula-
198~.. kith these four indir ion on or before November 30.
coa~itments whicr he is willin uals, plaintiff concluded
subjects which are within the scope fathisola~.?su rches on the
it.
12
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XI. This action is hereby dismissed with prejudice
all agencies and components except the FBI, exec t as to
docu?ents are referred to an p that, if
y of the dismissed agencies and
components. plaintiff does not naive his sight to liti ate a
the referred documents and 8 s to
? plaintiff reserves the right to
litigate the fer wciver issue. In the event plaintif
prerEil on the fee waiver issue, he would not f should
litigating the issue of CIA's osi be foreclosed from
p lion of requiring a death
certificate or authorization. where the request concerns
persons, before searching. See also footnote S a living
Bove. In order
not to interfere with the FB1?s processing of documents
litigation shall not take place before February 6. 19 such
85.
XII. Each party shall bear its own costs and attorne
ya?
fees. except as follows: in the event that plaintiff
choose to challen a exem lions invoked b should
8 p y the government
should do so successfull and
y. plaintiff reserves the right to seek
attorneys' fees and costs solely for such challenge, and
defendants reserve the right to oppose such applicati
plaintiff also reserves the right to seek attorne s? on;
costs if he successfully challenges denial of y fees and
a fee waiver, and
defendants reserve the right to oppose such application.
XIII. This action is dismissed without prejudice as to
FBI. Plaintiff rgserves~the right to II,ove to reinst the
action as to the FbI--L2:ich motion t),,. F itute t~ia
BI shall not oppose- on
or after February 6. 1985. The reformulations of re u
q ests
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spccified in this stipulation shall fully ~ovcrn in
seinstitvted lawsuit. ?ny such
~ es . ic~/~ -,_.
231 Fourth Street. S.q.
Washington. D,C, 20024
276-0404/646-0903
Attorney for plaintiff
Respectfully ?vbmitt~d~
United StatesYAttott~ey
c.
Assistant United States Attorney
~ --
wssistant United States Attorney
U.S, Courthouse - Roam 2816
3rd t Constitution Avenue. p.W,
Washington, D,C, 20001
1202) 633-4978
Attorneys for Defendants
A roved th
pp is ~ day of Novesber. 1984 '
A ES
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