Carolee Schneemann

Nicholas Marritz filed this request with the National Archives and Records Administration of the United States of America.
Tracking #

NARA-NGC-2019-000810

Est. Completion None
Status
Withdrawn

Communications

From: Nicholas Marritz

Dear NARA:

Earlier this year, I submitted a FOIPA request to the Federal Bureau of Investigation seeking all records related to Carolee Schneemann, the well-known feminist performance artist. (You can view a copy of that request and its supporting documents here: https://www.muckrock.com/foi/united-states-of-america-10/carolee-schneemann-70399/).

The FBI responded as follows: "Records potentially responsive to your request were transferred to the National Archives and Records Administration (NARA). Use file number Use file numbers 100-HQ-444237 and 100-NY-155897 as a reference."

Pursuant to the Freedom of Information Act, I now request all records related to Carolee Schneemann, including—but not limited to—the file numbers above.

I also respectfully request that all fees related to this request be waived. Ms. Schneemann was a public figure, and records related to her will be of interest to a broad spectrum of the public. All documents produced in response to this request will be made available to the general public online for free, and this request is not being made for commercial purposes. If you do decide to charge me fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request.

With regard to the form of production, I would prefer that the request be filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance.

I look forward to receiving your response to this request within 20 business days, as the FOIA requires.

Sincerely,

Nicholas Marritz

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-2019-000810&type=request)

* Tracking Number: NARA-NGC-2019-000810
* Requester Name: Nicholas Marritz
* Date Submitted: 09/24/2019
* Request Status: Submitted
* Description:
Dear NARA:

Earlier this year, I submitted a FOIPA request to the Federal Bureau of Investigation seeking all records related to Carolee Schneemann, the well-known feminist performance artist. (You can view a copy of that request and its supporting documents here: https://www.muckrock.com/foi/united-states-of-america-10/carolee-schneemann-70399/).

The FBI responded as follows: "Records potentially responsive to your request were transferred to the National Archives and Records Administration (NARA). Use file number Use file numbers 100-HQ-444237 and 100-NY-155897 as a reference."

Pursuant to the Freedom of Information Act, I now request all records related to Carolee Schneemann, including—but not limited to—the file numbers above.

I also respectfully request that all fees related to this request be waived. Ms. Schneemann was a public figure, and records related to her will be of interest to a broad spectrum of the public. All documents produced in response to this request will be made available to the general public online for free, and this request is not being made for commercial purposes. If you do decide to charge me fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request.

With regard to the form of production, I would prefer that the request be filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance.

I look forward to receiving your response to this request within 20 business days, as the FOIA requires.

Sincerely,

Nicholas Marritz

Upload documents directly: https://https://www.muckrock.comhttps://accounts.muckrock.com/accounts/login/?url_auth_token=AAAj2s1ucuu_oVmnt8n3JKMuPaY%3A1iCbn3%3AoP78_sklXUhAikYrx8nqge30hNI&next=https%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252Fnational-archives-and-records-administration-129%252Fcarolee-schneemann-80792%252F%253Femail%253Dfoia%252540nara.gov

From: National Archives and Records Administration

Dear Mr. Marritz:

Thank you for submitting your Freedom of Information Act (FOIA) request two
FBI files to the National Archives and Records Administration (NARA), via
the *FOIAOnline* website. We received your request on September 24, 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 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. In the future, if
you need to follow up with that office directly, please contact them at the
address below, or electronically via email.

National Archives and Records Administration

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 for further information
about FOIA. On our main website, 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: Tue, Sep 24, 2019 at 7:57 AM
Subject: FOIA Request Deletion: NARA-NGC-2019-000810
To: <susan.gillett@nara.gov>

Below is an export of the submitted request information for the FOIA
request NARA-NGC-2019-000810.

- *Name and Address*
- First Name: Nicholas
- Middle Initial:
- Last Name: Marritz
- Organization:
- Mailing Address Location: United States/U.S. Territories
- Address Line 1: MuckRock News, DEPT MR 80792
- 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*
- Dear NARA:

Earlier this year, I submitted a FOIPA request to the Federal Bureau
of Investigation seeking all records related to Carolee Schneemann, the
well-known feminist performance artist. (You can view a copy of that
request and its supporting documents here:
https://www.muckrock.com/foi/united-states-of-america-10/carolee-schneemann-70399/
).

The FBI responded as follows: "Records potentially responsive to your
request were transferred to the National Archives and Records
Administration (NARA). Use file number Use file numbers 100-HQ-444237 and
100-NY-155897 as a reference."

Pursuant to the Freedom of Information Act, I now request all records
related to Carolee Schneemann, including—but not limited to—the file
numbers above.

I also respectfully request that all fees related to this request be
waived. Ms. Schneemann was a public figure, and records related
to her will
be of interest to a broad spectrum of the public. All documents
produced in
response to this request will be made available to the general public
online for free, and this request is not being made for commercial
purposes. If you do decide to charge me fees, I would be grateful if you
would inform me of the total charges in advance of fulfilling my request.

With regard to the form of production, I would prefer that the
request be filled electronically, by e-mail attachment if available or
CD-ROM if not.

Thank you in advance.

I look forward to receiving your response to this request within 20
business days, as the FOIA requires.

Sincerely,

Nicholas Marritz

Upload documents directly: https://https://www.muckrock.comhttps://
accounts.muckrock.com/accounts/login/?url_auth_token=AAAj2s1ucuu_oVmnt8n3JKMuPaY%3A1iCbn3%3AoP78_sklXUhAikYrx8nqge30hNI&next=https%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252Fnational-archives-and-records-administration-129%252Fcarolee-schneemann-80792%252F%253Femail%253Dfoia%252540nara.gov
- *Fee Waiver*
- Fee Waiver Requested: Yes
- Fee Waiver Reason: I also respectfully request that all fees
related to this request be waived. Ms. Schneemann was a public
figure, and
records related to her will be of interest to a broad spectrum of the
public. All documents produced in response to this request will be made
available to the general public online for free, and this request is not
being made for commercial purposes. If you do decide to charge me fees, I
would be grateful if you would inform me of the total charges in
advance of
fulfilling my request.
- *Expedited Processing*
- Expedited Processing Requested: No
- Expedited Processing Reason:

From: National Archives and Records Administration

Dear Mr. Marritz,

I am writing in response to your Freedom of Information Act request of
September 24, 2019 for records in the custody of the National Archives and
Records Administration. Your request for FBI case files 100-HQ-444237 and
100-NY-155897 was received in this office on September 25, 2019 and
assigned FOIA tracking number *RD 63228*.

You requested access to case file numbers 100-HQ-444237 and 100-NY-155897,
identified by the FBI as potentially responsive to your request for records
relating to Carolee Schneemann. Based on my initial evaluation, the files
are deemed unresponsive to your request because they are not on the subject
you seek.

*The subject of both case files is the Free School of New York. Because I
have determined that FBI case file numbers 100-HQ-444237 and
100-NY-155897 are not on your specific subject of interest, Carolee
Schneeman, we are denying your request on procedural grounds. However, if
you believe that the files are responsive to your request, please contact
me directly at megan.dwyre@nara.gov <megan.dwyre@nara.gov> or 301-837-0488
within ninety (90) calendar days from the date of this letter. If we do not
hear from you within ninety (90) calendar days, we will administratively
close your case.*

You also requested a waiver for reproduction fees ordinarily charged to
researchers. Records transferred to the custody of the National Archives
are exempt from the fee and fee waiver provisions of the Freedom of
Information Act because a fee schedule was in effect prior to enactment.
The applicable 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)(A)(vi)). The relevant fee statute authorizes the National Archives
“to charge a fee for making or authenticating copies or reproductions of
materials transferred to the Archivist’s custody.” (44 U.S.C. 2116(c)). The
inability to grant the requested fee waiver does not constitute a denial
under the terms of the Freedom of Information Act.

This concludes the processing of your request. If you have additional
questions, please feel free to contact me directly.

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
tracking number *RD 63228*.

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: Lynn Goodsell (Acting)
8601 Adelphi Road, Room 5500
College Park, MD 20740-6001
Telephone: 301-837-3190
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

Sincerely,

Megan Dwyre
Special Access and FOIA Staff
National Archives at College Park, MD
https://www.archives.gov/research/foia

From: Nicholas Marritz

Dear Ms. Dwyre,

Thank you for your message. While I understand that the general subject of these FBI files is the Free School of New York, I assume that the FBI directed me to those files because they contain records related to the subject of my FOIA request, Carolee Schneemann. Could you please confirm if this is the case?

My very best,

Nicholas Marritz

From: National Archives and Records Administration

Dear Mr. Marritz,

I am writing in further response to your Freedom of Information Act request *RD
63228* for FBI Files 100-HQ-444237 and 100-NY-155897, which the FBI
indicated were potentially responsive to your request for records related
to Carolee Schneeman.

I determined that the subject of both files is actually the Free School of
New York. I briefly searched both files and located one serial in each file
which lists Carolee Schneeman as a member of the school faculty
(100-HQ-444237-Serial 5 and 100-NY-155897-Serial 96). It is possible that
there are additional references within the files, however because the total
page count for the files is approximately 1200 pages, I am not able to
conduct a line-by-line review to search for an individual name prior to
processing the request. Below is a brief summary of the two files:

100-HQ-444237 consists of two sections and has an estimated 400 pages,
compiled between 1965 and 1968.

100-NY-155897 consists of four sections and has an estimated 800 pages,
also compiled between 1965 and 1968.

The files require screening for categories of information exempted from
disclosure under the terms of the Freedom of Information Act, prior to
public release. In particular, there are documents that may be redacted to
protect the identities of confidential sources, including FBI informant
codes and informant file numbers.

Requests for FBI case files that are between 700 and 3000 pages are
assigned to our second-tier processing queue. To give you an indication of
our existing backlog, we are currently processing requests received in
November 2013.

*Please let me know if you consider these files responsive and would like
to request the two files. If we do not hear from you within ninety (90)
calendar days, we will administratively close your case.*

If you are willing to narrow your request to 700 pages or less, we can
place your request to our first-tier processing queue. Taking into
consideration our existing backlog, the estimated time required to complete
the processing of first-tier requests is approximately 30 months. One
option to narrow would be to request *only *the headquarters file,
100-HQ-444237.

Please let me know if you would like to pursue this option and narrow your
request. You can reply directly to this email or call me at 301-837-0488.

To notify this office of a change in your contact information or to track
the status of your request, please telephone 301-837-3190 or e-mail
specialaccess_foia@nara.gov. If you have specific questions regarding the
subject of your request, please contact me directly at megan.dwyre@nara.gov
or 301-837-0488. All communications concerning this request should
reference your case tracking number *RD 63228*. If this communication is
returned as undeliverable and no return address is provided, your case will
be administratively closed.

If you are not satisfied with our action on this request and would like the
opportunity to discuss our response, 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: Lynn Goodsell (Acting)
8601 Adelphi Road, Room 5500
College Park, MD 20740-6001
Telephone: 301-837-3190
E-mail: dc.foia.liaison@nara.gov

Sincerely,

Megan Dwyre
Special Access and FOIA Staff
National Archives at College Park, MD
https://www.archives.gov/research/foia

From: Nicholas Marritz

Ms. Dwyre: in order to get my request into the first-tier processing queue, I am willing to narrow my request to only the headquarters file,
100-HQ-444237. However, I would still like a fee estimate so that I can decide whether or not I can afford the records.

Sincerely,

Nick Marritz

From: National Archives and Records Administration

Dear Mr. Marritz,

The headquarters file is approximately 400 pages. Our current fee for
reproductions is $0.80 per page, so the cost to order a reproduction would
be around $320.00. Once the file has been processed, you could come to the
National Archives at College Park to view a redacted copy of the file free
of charge. If you are not able to travel here, you can send a
representative on your behalf. This could include an independent
researcher, who can to come to NARA and copy the file for you. A list of
researchers that are available for hire can be found on our website at:
https://www.archives.gov/research/hire-help . You would need to negotiate
the fee with them directly, but it may be a less expensive option.

Please let me know if you would like to proceed with requesting the
headquarters file.

Sincerely,

Megan Dwyre
Special Access and FOIA Staff
National Archives at College Park, MD
https://www.archives.gov/research/foia

From: Nicholas Marritz

Thank you for sending me the cost estimate. $320 is more than I can pay. I have no choice but to withdraw my FOIA request. It’s appalling that there are no fee-waiver provisions for NARA’s archival records.

From: National Archives and Records Administration

Dear Mr. Marritz,

I am writing in further response to your Freedom of Information Act request
RD 63228 for FBI files 100-HQ-444237 and 100-NY-155897.

Per your email dated October 16, 2019, you stated you would like to
withdraw your request. This email is to confirm that we have closed your
request.

This concludes the processing of your request. If you have additional
questions, please contact me directly.

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
tracking number RD 63228.

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: Lynn Goodsell (Acting)
8601 Adelphi Road, Room 5500
College Park, MD 20740-6001
Telephone: 301-837-3190
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

Sincerely,

Megan Dwyre
Special Access and FOIA Staff
National Archives at College Park, MD
https://www.archives.gov/research/foia

Files

pages

Close