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Boling, Edward A.C                                                                          E1
  From:     Boling, Edward A.
  Sent:     Friday, November 04, 2005 5:08 PM
  To:      Perhach, William
  cc:      Sokul, Stanley S.
  Subject: FW: Homner: CEl FOIA Request Re: Global Change Research Act of '90

Have we seen anything like this?

    Original Message---
       ----
From: Sokul, Stanley S.
Sent: Friday, November 04, 2005 3:42 PM
To: Boling, Edward A.; 'Glenn ETallia'
Subject: FW: Homner: CEI FOIA Request Re: Global Change Research Act of '90
Ted & Glenn, FYI   -   did you get the same?


From: Toomey, Sandra J.
Sent: Friday, November 04, 2005 3:41 PM
To: Sokul, Stanley S.
Cc: Hays, Sharon L.; Burgess-Gregg, Mary; Davis, Tawanna J.; Mielke, Dawn M.
Subject: Homner: CEI FOIA Request Re: Global Change Research Act of '90
Christopher Homner of the Competitive Enterprise Institute faxed the following FOIA today:

'Mindful of the provisions of the U.S. Global Change Research Act of 1990, 15 USC 2921 et seq., and pursuant to
the Freedom of Information Act (FOIA),
5 U.S.C., 552 et seq., please provide us within twenty (20) days copies of any "charter", correspondence and/or
other written discussion or communication to and/or from and/or by any governmental agency or office pertainn
to the creation of the Committee on Climate Change Science and Techniology ftegratilon (CCCSTI) and/or
U.S. Climate Change Science Program (CCSP), and/or authorization of any powers or functions within or
transfer of any authority or functions thereto.

CEI also requests Fee Waiver on the basis that CEI is a nonprofit, tax-exempt public interest organization.

Logged into IQ 108022 and assigned to Stan Sokul, with suggested due date of 11/1 8/05.




3/2/2006
3                703 549 5904
Nov   04 0510       :3   9
                             p     Christo~pher- C.    Horner               703-549-5904                p.1


                    Competitive
                     ilterprise
                    I001 ConnecLic Ut Avenue.NIWI
                     Sute 1250
                    Washing~ton. DC 20036
                    202-331-1010C
                    Fbx 202-331-064,0
                    Wwwwcel.arg


                                                            4 November 2005
          Office of Science and Technology Policy
          Attn: FOIA Officer
          725 17th Street Room 5228
          Washington, DC 20502

          BY ELECTRONIC MALL AND FACSIMILE

          To Whom it May Concern,

          Subject Matter.

           Mindful of the provisions of the US Global Change, Research Act of 1990,15
                                                                                         USC 2921
           et seq., and pursuant to the Freedom of Information Act (FOIA), 5 U.SC.
                                                                                      552 et seq.,
          please provide us within twenty (20) days copies of any "charter7', correspondence
                                                                                               and/or
          other written discussion or communication to and/or from and/or by any
                                                                                    governmental
          agency or office vertaining toth rainote         Committee onClimate Change Science
          andTechnologv Integration (CCCSTI)and/or U.S. ClimateChange Science
                                                                                       Program
          (CCSP), ando uhrzto            o    n oeso unctions withinor transfer any   of
          authorityor fntosteeo

          We request these documents in the specific context of the following language
                                                                                       and close
          variants thereof appearing throughout numerous government documents:

                     "New Management Structure: In January 2002, President Bush
                     establisheda new C'abinet-level management structure, the Committee
                    on Climate Change Science and Technology Integration (CCCSTI), to
                    guide and oversee his Administration's climate change activities. The
                    Presidentdirected E nergy Secretary Spencer Abraham and Commerce
                    Secretary Donald Evans to lead the CCCSTI. The CCCSTI is chartered
                    to provide recommendations to the President on climate change
                    science and technology and address funding and implementation
                    issues related to the Administration's climate change initiatives."'



          'US Climate Change Technology 'Program, Research and Current Activities, November
         htD/wwee~vav                                                                       2003,
                                                      1n~peflsdnmc2001736 Wa24nv3.dp.2 (p. 9 of 3,6
                                                                   MI
         electronic) (emphases added).
* NO~V   04 05 03:     3
                           9p       Christopher.         C.    Horner               703-548-5804
                                                                                                                  p.2




               We also request these documents
                                               inthe further specific context of
               similar language in numerous government                           the following and
                                                        documents:
                       "CCSP retains [sic] USGCR1P responsibility
                      of the Global Change Research                   for compliance with the
                                                        Ac f19,including its Provisions requirements
                      reporting of findings and short-term                                    for annual
                      reviews by the National Academy        plans, periodic assessments, scientific
                                                           of Sciences/National Research Council,
                      periodic Publication of a IlO-year                                             and
                                                         strategic plan for the program."2
              Given this, we Particularly seek
                                                  documentationo h drcin
                       "cretio ne
                          of th                                                       ocbntsceais
                                       maageent structure, "chartering"
              transfer of any authority to or sharing                         the CCC STI, or otherwise the
                                                         of any authority and/or function
              vested3 in the OSTP, USGCRP,                                                that is statutorily
                                                 the
              or the Federal Coordinating Council Commijttee on Environment and Natural Resources 4
                                                       on Science, Engneering, and Technology,                .
              CCCSTI, CCSP, the Departments                                                          be it to
                                                   of Energy or Commerce, or other.
             This request includes but is not
                                                limited to
             electronic mail, couriered communication, internal or other memoranda, regularo
                                                              fax, and/or minutes of      anymeinst or o
             behalf of Program employees or
                                                 contractors, the Programs' members,
             officials either in toto or individually,                                   participants or
                                                        and/or in any other way the program('S).


             We request OSTP waive any fees
                                                associated with this request on the
            nonprofit, tax-exempt public interest                                    basis
                                                   organization, with formal research, that CEI is a
            Publication functions as part of                                             educational and
                                             its mission, and because release
            serve the public interest by contributing                          of these records will
            OSTP operations and activities,           significantly to the public's understanding
                                              oversight of government sc'ience                     of
            governmental functions and/or authorities,                          programs, delegation of
                                                         and because such a release is not
            our organization's commercial interest.                                         primarily in
           The time period covered by this
                                             request is between 1 January 2002
                                                                                  and the date of your
           receipt of this letter.

                  Reclest
                  or Fe Waver-- ustification
            I) Interest in Infoinmation/Use~for Information/Inmcome Issues
           CEI's interest in the document~s
                                             derives from its efforts to educate
                                                                                 the public, scholars
           and state and federal legislatures
                                              on particular matters of governmental
                                                                                      operation,
              2release froin the   U.S. C'limate
                                              C'hange Science Program, dtd 27
          htP.//www.cirn~atescl             /i~.vIjn00                           June 2005
                                                                     re                hm(emiphas is adde)
            U.S. Global Chag Research Act of
          See h                                1990, Public Law 10 1-606(11/16190)
                        l990.hI -Q                                                     104 Stat. 3096-3 104.
          Organizain and Priorities Act of
                                                  see also the National Science and Technology
                                           1976 (42                                                Policy,
           "Committee on Earth and Environmental U.S.C. 665 1).
                                                   Sciencees" as est.-by Sec. 102 of the
                                                                                         USGCR Act of 1990.
Mo'v 04 05 03: 39p           Christopher C.           Horner             703-549-5904                       p.3




          including but not limited to climate policy and science and delegation of governmental
          functions or authorities. CEI is a nonprofit, tax-exempt public interest organization,
                                                                                                 with
          formal research, educational and publication functions as part of its mission.

          Neither GEl nor any foreseeable party will derive economic benefit from
                                                                                  the requested
          material.

          2) Public Benefit/Contribution to Public Understanding

          The requested information relates to the operation of government, particularly
                                                                                         regarding
          the controversial areas of climate science and executive delegation of governmental
          functions or authorities.

          The public will benefit through the dissemination of the findings and works
                                                                                         produced as a
          result of the information received. This includes both the general public and
                                                                                          the
          legislatures with which CEI works. A fairly widespread portion of the public
                                                                                           at large, as
          opposed to a narrow spectrum of individuals, will receive this benefit, first
                                                                                        through CEI
          whose professionals are widely published and have an extensive media presence
                                                                                              to
          discuss topical policy matters, then through Congress' and State legislatures'
                                                                                          ongoing
          efforts to the extent their inquiries utilize the infonnation.'

         No "specialized use" of the documents is anticipated outside of that described
                                                                                        herein.
         3) Dissemination of rInformiation

         GET publishes that upon which it works via print and electronic media, as
                                                                                      well as
         newsletters to legislators, education professionals and other interested
                                                                                  parties. Those
         activities are in fulfillment of CEI's mission,

          The information received will be disseminated through a) membership newsletters,
                                                                                                     b)
          opinion pieces published in national and local newspapers and magazines,
                                                                                          c) GEI's
         website which typically receives over 100,000 monthly visitdrs and nearly
                                                                                          5000,000 page
         views, d) in-house publications for dissemination, e) as relevant, syndicated
                                                                                            radio
         programs dedicated to discussing public policy and on which CEI professionals
                                                                                                including
         the author of this request make regular appearances, and f) to the extent Congress
                                                                                                   or
         States engaged in relevant oversight or 'related legislative activities fiuid that
                                                                                            which is
         received noteworthy, it will become part of the public record on deliberations
                                                                                              of the
        *legislative branches of the Federal and State Governments on the relevant
                                                                                         issues.
         If our fee waiver request is deniedwve are willing to pay up to$150.00.

                                                         Sincerey



                                                        -'Chriistopher C. Homer, Esq.

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FOIA Request for Documents Regarding Creation of CCCSTI and CCSP

  • 1. Boling, Edward A.C E1 From: Boling, Edward A. Sent: Friday, November 04, 2005 5:08 PM To: Perhach, William cc: Sokul, Stanley S. Subject: FW: Homner: CEl FOIA Request Re: Global Change Research Act of '90 Have we seen anything like this? Original Message--- ---- From: Sokul, Stanley S. Sent: Friday, November 04, 2005 3:42 PM To: Boling, Edward A.; 'Glenn ETallia' Subject: FW: Homner: CEI FOIA Request Re: Global Change Research Act of '90 Ted & Glenn, FYI - did you get the same? From: Toomey, Sandra J. Sent: Friday, November 04, 2005 3:41 PM To: Sokul, Stanley S. Cc: Hays, Sharon L.; Burgess-Gregg, Mary; Davis, Tawanna J.; Mielke, Dawn M. Subject: Homner: CEI FOIA Request Re: Global Change Research Act of '90 Christopher Homner of the Competitive Enterprise Institute faxed the following FOIA today: 'Mindful of the provisions of the U.S. Global Change Research Act of 1990, 15 USC 2921 et seq., and pursuant to the Freedom of Information Act (FOIA), 5 U.S.C., 552 et seq., please provide us within twenty (20) days copies of any "charter", correspondence and/or other written discussion or communication to and/or from and/or by any governmental agency or office pertainn to the creation of the Committee on Climate Change Science and Techniology ftegratilon (CCCSTI) and/or U.S. Climate Change Science Program (CCSP), and/or authorization of any powers or functions within or transfer of any authority or functions thereto. CEI also requests Fee Waiver on the basis that CEI is a nonprofit, tax-exempt public interest organization. Logged into IQ 108022 and assigned to Stan Sokul, with suggested due date of 11/1 8/05. 3/2/2006
  • 2. 3 703 549 5904 Nov 04 0510 :3 9 p Christo~pher- C. Horner 703-549-5904 p.1 Competitive ilterprise I001 ConnecLic Ut Avenue.NIWI Sute 1250 Washing~ton. DC 20036 202-331-1010C Fbx 202-331-064,0 Wwwwcel.arg 4 November 2005 Office of Science and Technology Policy Attn: FOIA Officer 725 17th Street Room 5228 Washington, DC 20502 BY ELECTRONIC MALL AND FACSIMILE To Whom it May Concern, Subject Matter. Mindful of the provisions of the US Global Change, Research Act of 1990,15 USC 2921 et seq., and pursuant to the Freedom of Information Act (FOIA), 5 U.SC. 552 et seq., please provide us within twenty (20) days copies of any "charter7', correspondence and/or other written discussion or communication to and/or from and/or by any governmental agency or office vertaining toth rainote Committee onClimate Change Science andTechnologv Integration (CCCSTI)and/or U.S. ClimateChange Science Program (CCSP), ando uhrzto o n oeso unctions withinor transfer any of authorityor fntosteeo We request these documents in the specific context of the following language and close variants thereof appearing throughout numerous government documents: "New Management Structure: In January 2002, President Bush establisheda new C'abinet-level management structure, the Committee on Climate Change Science and Technology Integration (CCCSTI), to guide and oversee his Administration's climate change activities. The Presidentdirected E nergy Secretary Spencer Abraham and Commerce Secretary Donald Evans to lead the CCCSTI. The CCCSTI is chartered to provide recommendations to the President on climate change science and technology and address funding and implementation issues related to the Administration's climate change initiatives."' 'US Climate Change Technology 'Program, Research and Current Activities, November htD/wwee~vav 2003, 1n~peflsdnmc2001736 Wa24nv3.dp.2 (p. 9 of 3,6 MI electronic) (emphases added).
  • 3. * NO~V 04 05 03: 3 9p Christopher. C. Horner 703-548-5804 p.2 We also request these documents inthe further specific context of similar language in numerous government the following and documents: "CCSP retains [sic] USGCR1P responsibility of the Global Change Research for compliance with the Ac f19,including its Provisions requirements reporting of findings and short-term for annual reviews by the National Academy plans, periodic assessments, scientific of Sciences/National Research Council, periodic Publication of a IlO-year and strategic plan for the program."2 Given this, we Particularly seek documentationo h drcin "cretio ne of th ocbntsceais maageent structure, "chartering" transfer of any authority to or sharing the CCC STI, or otherwise the of any authority and/or function vested3 in the OSTP, USGCRP, that is statutorily the or the Federal Coordinating Council Commijttee on Environment and Natural Resources 4 on Science, Engneering, and Technology, . CCCSTI, CCSP, the Departments be it to of Energy or Commerce, or other. This request includes but is not limited to electronic mail, couriered communication, internal or other memoranda, regularo fax, and/or minutes of anymeinst or o behalf of Program employees or contractors, the Programs' members, officials either in toto or individually, participants or and/or in any other way the program('S). We request OSTP waive any fees associated with this request on the nonprofit, tax-exempt public interest basis organization, with formal research, that CEI is a Publication functions as part of educational and its mission, and because release serve the public interest by contributing of these records will OSTP operations and activities, significantly to the public's understanding oversight of government sc'ience of governmental functions and/or authorities, programs, delegation of and because such a release is not our organization's commercial interest. primarily in The time period covered by this request is between 1 January 2002 and the date of your receipt of this letter. Reclest or Fe Waver-- ustification I) Interest in Infoinmation/Use~for Information/Inmcome Issues CEI's interest in the document~s derives from its efforts to educate the public, scholars and state and federal legislatures on particular matters of governmental operation, 2release froin the U.S. C'limate C'hange Science Program, dtd 27 htP.//www.cirn~atescl /i~.vIjn00 June 2005 re hm(emiphas is adde) U.S. Global Chag Research Act of See h 1990, Public Law 10 1-606(11/16190) l990.hI -Q 104 Stat. 3096-3 104. Organizain and Priorities Act of see also the National Science and Technology 1976 (42 Policy, "Committee on Earth and Environmental U.S.C. 665 1). Sciencees" as est.-by Sec. 102 of the USGCR Act of 1990.
  • 4. Mo'v 04 05 03: 39p Christopher C. Horner 703-549-5904 p.3 including but not limited to climate policy and science and delegation of governmental functions or authorities. CEI is a nonprofit, tax-exempt public interest organization, with formal research, educational and publication functions as part of its mission. Neither GEl nor any foreseeable party will derive economic benefit from the requested material. 2) Public Benefit/Contribution to Public Understanding The requested information relates to the operation of government, particularly regarding the controversial areas of climate science and executive delegation of governmental functions or authorities. The public will benefit through the dissemination of the findings and works produced as a result of the information received. This includes both the general public and the legislatures with which CEI works. A fairly widespread portion of the public at large, as opposed to a narrow spectrum of individuals, will receive this benefit, first through CEI whose professionals are widely published and have an extensive media presence to discuss topical policy matters, then through Congress' and State legislatures' ongoing efforts to the extent their inquiries utilize the infonnation.' No "specialized use" of the documents is anticipated outside of that described herein. 3) Dissemination of rInformiation GET publishes that upon which it works via print and electronic media, as well as newsletters to legislators, education professionals and other interested parties. Those activities are in fulfillment of CEI's mission, The information received will be disseminated through a) membership newsletters, b) opinion pieces published in national and local newspapers and magazines, c) GEI's website which typically receives over 100,000 monthly visitdrs and nearly 5000,000 page views, d) in-house publications for dissemination, e) as relevant, syndicated radio programs dedicated to discussing public policy and on which CEI professionals including the author of this request make regular appearances, and f) to the extent Congress or States engaged in relevant oversight or 'related legislative activities fiuid that which is received noteworthy, it will become part of the public record on deliberations of the *legislative branches of the Federal and State Governments on the relevant issues. If our fee waiver request is deniedwve are willing to pay up to$150.00. Sincerey -'Chriistopher C. Homer, Esq.