AIDS Coalition to Unleash Power/ACT UP

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-2019-000229&type=request)
* Tracking Number: NARA-NGC-2019-000229
* Requester Name: Mackenzie Farkus
* Date Submitted: 02/04/2019
* 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 all documents related to the AIDS Coalition to Unleash Power, otherwise known as ACT UP, which began its activities in March 1987.

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,

Mackenzie Farkus

Upload documents directly: https://www.muckrock.com/accounts/agency_login/national-archives-and-records-administration-129/aids-coalition-to-unleash-poweract-up-68396/?uuid-login=d36e345a-8c0f-4c1c-a4b3-ff38e3370452&email=foia%40nara.gov#agency-reply

Dear Ms. Farkus:

Thank you for submitting your Freedom of Information Act (FOIA) request to
the National Archives and Records Administration, via the *FOIAOnline*
website.
We received your
request on February 4, 2019.

This office handles FOIA and Privacy Act requests for the National Archives
and Records Administration's *operational* records (records created by this
agency). Because your *FOIAOnline* request is for records that may be
*archival* records (records that were created by, or originated in a
different agency, but that may have been transferred to the legal custody
of NARA), we have forwarded it to our *Office of Research Services, 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. 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

For your reference, a copy of your request is below.

Please visit our website at *www.archives.gov/foia
<http://www.archives.gov/foia>* for further information about how to submit
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<http://www.archives.gov/>*, you can learn more about the resources we
offer to the public, and you can access our online catalog.

Thank you for contacting the National Archives

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: Mon, Feb 4, 2019 at 1:29 PM
Subject: FOIA Request Deletion: NARA-NGC-2019-000229
To: <susan.gillett@nara.gov>

Below is an export of the submitted request information for the FOIA
request NARA-NGC-2019-000229.

- *Name and Address*
- First Name: Mackenzie
- Middle Initial:
- Last Name: Farkus
- Organization:
- Mailing Address Location: United States/U.S. Territories
- Address Line 1: MuckRock News, DEPT MR 68396
- 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*
- To Whom It May Concern:

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

A copy of all documents related to the AIDS Coalition to Unleash
Power, otherwise known as ACT UP, which began its activities in
March 1987.

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,

Mackenzie Farkus

Upload documents directly:
https://www.muckrock.com/accounts/agency_login/national-archives-and-records-administration-129/aids-coalition-to-unleash-poweract-up-68396/?uuid-login=d36e345a-8c0f-4c1c-a4b3-ff38e3370452&email=foia%40nara.gov#agency-reply
- *Fee Waiver*
- Fee Waiver Requested: Yes
- Fee Waiver Reason: I am a career journalist with work that has
appeared in various publications. I am willing to pay any reasonable
expenses associated with this request, however, as the purpose of the
requested disclosure is in full conformity with the statutory
requirements
for a waiver of fees, I formally request such a waiver. The requested
documents will be made available to the general public, and this
request is
not being made for commercial purposes.
- *Expedited Processing*
- Expedited Processing Requested: No
- Expedited Processing Reason:

Dear Mackenzie Farkus:

This is in response to your February 4, 2019 Freedom of Information Act
request (RD-60393) for information about any “all documents related to the
AIDS Coalition to Unleash Power, otherwise known as ACTUP”. We received
your request on February 12, 2019.

While 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.

You did not specify which agency or agencies of the United States Federal
Government may have records relevant to your search, so we began by
searching for “AIDS Coalition to Unleash Power”, “ACTUP”, and “ACT UP” (all
in quotations marks) in our online catalog. The majority of the results
returned do not appear relevant to your search based on the information
you’ve provided to us. You can replicate our search in our online catalog
to personally assess those results. Some of the items are online in whole
or in part.

Some of the search results potentially relevant to your research are within
the holdings of the William J. Clinton Presidential Library and Museum. We
have forwarded your request to that office. Please expect a separate
response from them regarding their holdings.

Our search returned two potentially responsive items within the holdings of
our office, the Textual Reference unit in College Park, MD:

Care and Research Subject File; Lavender Hill - Act Up
<https://catalog.archives.gov/id/6956986> is in Presidential Commission on
the Human Immunodeficiency Virus Epidemic
<https://catalog.archives.gov/id/10453182> records. This file is 147 pages
long and the records within it have no access restrictions on them. The
file does contain potentially copyrighted material, but that will not
affect the public’s ability to access it.

[Thornburgh, Richard] Radical Groups - Act-Up 1991
<https://catalog.archives.gov/id/100374148> is in the Subject Files of the
Attorney General, 1974 - 1993 <https://catalog.archives.gov/id/651799>. The
5 pages in this file were reviewed and determined to not contain any
information that cannot be released for public review.

The records you requested are available for your examination. You or your
representative may view this material in the research room at The National
Archives at College Park <https://www.archives.gov/college-park>. If you
wish to order copies of the records described on the attached NATF Form 72,
please follow the instructions on the form and return a copy of the form
with your remittance. Please note that the number under quantity indicates
the number of pages of the file or files being offered. ALSO IF YOU CHOOSE
DVD INSTEAD OF PAPER, THE QUALITY OF THE SCANNED IMAGE WILL BE AT 300 dpi.
If you wish to pay by using a MasterCard, VISA, Discover, or American
Express credit card, you should return a copy of the attached NATF Form 72
(annotated with type of credit card, account number, expiration date, and
your signature) to the National Archives Trust Fund, Cashier (BCT), The
National Archives at College Park, 8601 Adelphi Road, College Park, MD
20740-6001. Your account will be verified before copies are shipped.
Please allow 30-60 days for delivery of your order. Please do not send any
remittance to this office. At 80 cents per page, it will cost $121.60 to
copy the complete contents of both files.

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

We do not consider this a denial of your FOIA request because we cannot
determine without more specific information whether any other records
responsive to your request might reside in our holdings and the records we
could identify are already open and available for public review. 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.

We regret that we could not be of more assistance to you. If there are any
further questions, the staff of the Archives II Reference Section would be
pleased to help. We may be contacted by writing to the Archives II
Reference Section (RDT2), The National Archives at College Park, 8601
Adelphi Road, College Park, MD 20740-6001.

EUGENE F. MORRIS

Archives II Textual Reference Branch (RDT2)

National Archives at College Park, MD

Dear Ms. Farkus,

I have attached your letter regarding our initial search for records for
your recent FOIA request.

Please let me know if you have any questions.
Best,
Rhonda Young

--
*Rhonda Young*
Archivist
Clinton Presidential Library
1200 President Clinton Avenue
Little Rock, AR 72201
Phone #: (501) 244-2880
Fax #: (501) 244-2881
rhonda.young@nara.gov

Dear MacKenzie Farkus:

Please see attached regarding this FOIA case.

Sincerely:

Dana Simmons
Supervisory Archivist
Clinton Presidential Library

Clinton Library Official Website <http://www.clintonlibrary.gov/>
@WJCLibrary on Twitter <https://twitter.com/WJCLibrary>
Clinton Library on Facebook <https://www.facebook.com/ClintonPresLib>