First FOIA (National Archives and Records Administration)
| Tracking # |
NARA-NGC-2019-000479 |
| Multi Request | First FOIA |
| Submitted | May 20, 2019 |
| Est. Completion | None |
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Communications
From: Emma North-Best
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
*Documents generated as part of the creation of the FOIA office (defined as whatever department, office, or coordinator is responsible for overseeing and/or processing FOIA requests), whether this was at the time of the agency's creation or the passage of the Freedom of Information Act, to include:
1. The instruction to do so from the Agency, as well as any guidance from the senior leadership
2. Documents discussing proposals and procedures
3. Any legal guidance or analysis produced or acquired by the Agency in response to or as part of the creation of the FOIA office
4. Internal documents from the press office, legislative liaison's office (or equivalent), general counsel's office (or equivalent), director's office (or equivalent) or the newly created FOIA office, reacting to or characterizing the office and it's creation
* A copy of the agency's first perfected (successful) FOIA request
* Copies of other FOIA requests filed before the FOIA request described above
* Processing notes, search slips and response documents regarding the FOIA requests described above
* The first set of guidelines, instructions and/or forms created to control the agency's processing of FOIA requests
* A copy of the agency's first successful FOIA appeal
* Copies of other FOIA appeals received by the agency before the appeal described above
* Processing notes, search slips and response documents regarding the FOIA appeals described above
* The first set of guidelines, instructions and/or forms created to control the agency's processing of FOIA appeals
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
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-2019-000479&type=request)
* Tracking Number: NARA-NGC-2019-000479
* Requester Name: Emma Best
* Date Submitted: 05/22/2019
* Request Status: Submitted
* Description: Please See attachment for description
From: National Archives and Records Administration
Dear Ms. Best:
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 May 22, 2019.
Because your *FOIAOnline *request is for records that may be *archival *records
of the General Services Administration before NARA became an independent
agency in 1995 or for NARA operational records that may have been retained
as archival records, we have forwarded it to our *Office of Research
Services, Special Access and FOIA* staff who handle FOIA requests for
archival records.
Since the *Office of Research Services, Special Access and FOIA* does not
process FOIA requests through *FOIAOnline*, your request has been removed
from the *FOIAOnline* website and you will be assigned a new tracking
number by that office within the next 20 business days. In the future, if
you need 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
For your reference, a copy of your request with the two attachments is
below.
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: <admin@foiaonline.gov>
Date: Wed, May 22, 2019 at 10:40 AM
Subject: FOIA Request Deletion: NARA-NGC-2019-000479
To: <susan.gillett@nara.gov>
Below is an export of the submitted request information for the FOIA
request NARA-NGC-2019-000479.
- *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, DEPT MR 73630
- Address Line 2: 411A Highland Ave
- 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*
- Please See attachment for description
- *Fee Waiver*
- Fee Waiver Requested: Yes
- Fee Waiver Reason: As my primary purpose is to inform about
government activities by reporting on it and making the raw data
available,
I request that fees be waived.
- *Expedited Processing*
- Expedited Processing Requested: No
- Expedited Processing Reason:
From: National Archives and Records Administration
Dear Ms. Best,
This is in response to your Freedom of Information Act (FOIA) request (RD
61576) regarding the establishment of a FOIA office within the National
Archives and Records Administration. Your request was received in this
office on May 29, 2019.
We make reasonable efforts to assist researchers with their work. As a
matter of policy, the National Archives is staffed to assist researchers
with their work, including but not limited to pointing researchers to
helpful finding aids to begin their research. 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.
The National Archives and Records Administration was established as an
independent agency in 1985. Prior to NARA's independence, the agency was
known as the National Archives and Records Service under the General
Services Administration. The Freedom of Information Act was passed in 1967.
According to relevant records schedules, Freedom of Information Act files
are deemed temporary:
FOIA Report Files are indicated as part of the Annual Reports submitted by
the agency. Annual reports of the National Archives and Records
Administration can be found online via a Google search for "National
Archives and Records Administration Annual Report <date>" (unfortunately,
there is no link to a list of reports).
We could not locate among RG 64 (which are the Records of the National
Archives and Records Administration) a discreet body of records pertaining
to the establishment of a FOIA office within the National Archives and
Records Administration, or its predecessor, the National Archives and
Records Service. The records, should they exist, would be dispersed among
hundreds of cubic feet of records and require substantive research that we
are not staffed to undertake.
A search within the National Archives Catalog returned results within RG 64
that pertain to the Freedom of Information Act, though they do not discuss
the creation of a FOIA office at this agency:
https://catalog.archives.gov/search?q=freedom%20of%20information%20act&f.oldScope=(descriptions%20or%20online)&f.recordGroupNoCollectionId=64&SearchType=advanced
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 request. However, if you are not
satisfied with our action on this request, your options for appeal and
dispute resolution are outlined in the attached enclosure.
Sincerely,
Onaona Guay
--
Supervisory Archivist
Archives II Textual Reference Operations
National Archives at College Park
8601 Adelphi Road, College Park, MD 20740
onaona.guay@nara.gov
Phone: 301-837-2936
Fax: 301-837-1752
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