Chuck Hayes
| Submitted | Feb. 19, 2020 |
| 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:
A copy of the records associated with National Archives Identifier: 4724684. Please note that the primary subject of those records is deceased, waiving most if not all of the privacy considerations which might otherwise be protected under b6 and/or b7C.
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:
This is an automated reply to inform you that the National Archives and Records Administration received your e-mail.
We have received your request and will respond within 20 working days. Please note that submitting duplicate requests will increase wait times.
If you have any questions, you can call our office at 301-837-3190. You can also visit our web page at www.archives.gov/research/foia.
Thank you.
From: National Archives And Records Administration – Archival Or Special Access
Dear Ms. Best,
I am writing in response to your Freedom of Information Act request for
records in the custody of the National Archives and Records Administration.
Your request was received in this office on February 20, 2020 and assigned
FOIA case number *63912*. 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.
You requested access to records concerning *Charles Hayes*, contained
within box 17 of Record Entry P 345. This entry is identified as Record
Group 60: Records of the Department of Justice, Records of AAG John C.
Dwyer, Records Relating to INSLAW. I have identified two folders in box 17
that contain a total of 90 pages that are responsive to your request. As
reviewed under the terms of the Freedom of Information Act, there are no
restrictions on access to these documents and they are now open and
available for research.
This concludes the processing of your request.
You or your representative may view these documents at the National
Archives facility in College Park, MD. Please contact our office at least
one week in advance of your visit at specialaccess_foia@nara.gov or
301-837-3190 to arrange to see the files. If you cannot visit our College
Park facility, you may order a reproduction copy at the cost of $0.80 per
page by contacting our office to place an order.
If you are not satisfied with my 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. If you exercise your right to appeal, please
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 63912.
If you would like the opportunity to discuss my 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
Acting FOIA Public Liaison: Lynn Goodsell
8601 Adelphi Road, Room 5500
College Park, MD 20740-6001
Telephone: 301-837-0468
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
202-741-5770
1-877-684-6448
Sincerely,
*Noah D. Shankin*
Archivist
Special Access and FOIA (RF)
301.837.0774
www.archives.gov/research/foia/
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