FOIA - NARA - Frank Teruggi

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-2020-001128&type=request)

* Tracking Number: NARA-NGC-2020-001128
* Requester Name: J Ader
* Date Submitted: 09/28/2020
* Request Status: Submitted
* Description:
To Whom It May Concern:

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

All records mentioning Frank Teruggi, Jr. (1949–1973) - an American student, journalist, and member of the Industrial Workers of the World (https://en.wikipedia.org/wiki/Frank_Teruggi).

I have filed a separate request with the Federal Bureau of Investigation, who have notified me that the NARA carries some records on this subject (see: https://cdn.muckrock.com/foia_files/2020/09/25/E0a2fa17ead04f4479810faac002703c6acada7d6_Q88995_D2536335_20200924_100039.pdf ) and they implored me to reference the following file number with your agency:

100-HQ-474363

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,

J Ader

Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/

Dear J. Ader:

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 September 28, 2020. Your request concerns an
FBI file.

Our office uses the *FOIAonline* portal for FOIA and Privacy Act requests
for the National Archives and Records Administration's *operational* records
(records created by this agency). 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), to which access is restricted. Therefore, we have forwarded it to
our *Office of Research Services, Special Access and FOIA* (RF) staff who
handle FOIA requests for such archival records.

Since *Research Services* does not process FOIA requests through
*FOIAOnline*, we removed your request from the *FOIAOnline* website. *Special
Access *staff will assign you a new tracking number, and respond directly
to you. In the future, if you need to follow up with that office directly,
please contact them at the address below, or electronically via email.

The National Archives and Records Administration
Special Access and FOIA Staff (RF)
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. In the future, please
send all requests for FBI files directly to Special Access and FOIA at
their email address above.

Please visit our website at www.archives.gov/foia for further information
about submitting a FOIA request to NARA. 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.

Due to the COVID-19 pandemic, and pursuant to guidance received from the
Office of Management and Budget (OMB), federal agencies have adjusted their
normal operations to balance the need of completing its mission-critical
work while also adhering to the recommended social distancing for the
safety of our staff. As a result of this re-prioritization of activities,
you may experience a delay in receiving a substantive response to your FOIA
request. We apologize for this inconvenience and appreciate your
understanding and patience.

Sincerely,
Susan Gillett
Government Information Specialist
Office of General Counsel
National Archives and Records Administration
College Park, MD 20740-6001
susan.gillett@nara.gov

---------- Forwarded message ---------
From: <admin@foiaonline.gov>
Date: Tue, Sep 29, 2020 at 7:31 AM
Subject: FOIA Request Deletion: NARA-NGC-2020-001128
To: <susan.gillett@nara.gov>

Below is an export of the submitted request information for the FOIA
request NARA-NGC-2020-001128.

- *Name and Address*
- First Name: J
- Middle Initial:
- Last Name: Ader
- Organization:
- Mailing Address Location: United States/U.S. Territories
- Address Line 1: MuckRock News DEPT MR 102838
- 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:

All records mentioning Frank Teruggi, Jr. (1949–1973) - an American
student, journalist, and member of the Industrial Workers of the World (
https://en.wikipedia.org/wiki/Frank_Teruggi).

I have filed a separate request with the Federal Bureau of
Investigation, who have notified me that the NARA carries some records on
this subject (see:
https://cdn.muckrock.com/foia_files/2020/09/25/E0a2fa17ead04f4479810faac002703c6acada7d6_Q88995_D2536335_20200924_100039.pdf
) and they implored me to reference the following file number with your
agency:

100-HQ-474363

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,

J Ader

Upload documents directly: https://https://www.muckrock.comhttps://
accounts.muckrock.com/accounts/login/?next=https%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252Fnational-archives-and-records-administration-129%252Ffoia-nara-frank-teruggi-102838%252F%253Femail%253Dfoia%252540nara.gov&url_auth_token=AAAj2p3pea1RXFbh4YFmPn_cnaA%3A1kN58y%3Azdk8TZIl3k4r6AznsXxdT07G7kU
- *Fee Waiver*
- Fee Waiver Requested: No
- Fee Waiver Reason:
- *Expedited Processing*
- Expedited Processing Requested: No
- Expedited Processing Reason:

Dear J. Ader,

Thank you for your Freedom of Information Act request for records in the
custody of the National Archives and Records Administration. Due to the
COVID-19 pandemic, we are not able to process FOIA requests according to
our normal procedures. We have assigned your request the temporary tracking
number RF-319. When we resume normal operations, we will log requests into
our system in the order they were received. At that time, we will provide
you with a new FOIA tracking number and a more substantive response. We
apologize for this inconvenience and appreciate your understanding and
patience.

Sincerely,
Brigitte Flynn
Special Access & FOIA Staff

Dear J. Ader,

This is in reply to your Freedom of Information Act request, dated
September 29, 2020 for records relating to Frank Teruggi, Jr., including
FBI case file 100-HQ-474363. Your request was received in this office on
April 8, 2020 and assigned the case number 21-26886.

Your request for FBI records has been referred to our Special Access and
FOIA office. They will provide a separate response.

The National Archives at College Park may also hold a Department of Justice
case file for Teruggi. We hold litigation case files of the *Department of
Justice in Record Group 60: General Records of the Department of Justice*.
These records are arranged into numerical classes based on the infraction
of the law involved, and we have various name indexes that allow us to
locate cases pertaining to specific individuals.

Unfortunately, we cannot conduct a search for these records right now. Due
to the COVID-19 pandemic and pursuant to guidance received from the Office
of Management and Budget (OMB), NARA has adjusted its normal operations to
balance the need of completing its mission-critical work while also
adhering to the recommended social distancing for the safety of our staff.
As a result of this re-prioritization of activities, we are unable to
provide a substantive response to requests that require us to consult the
records at this time. We apologize for this inconvenience and appreciate
your understanding and patience.

We also located responsive records in the Department of State Central File,
1973-1979, which is part of *Record Group 59: General Records of the
Department of State*. The Central File is the primary source for
documentation on U.S. foreign policy and events in various countries.
Documents created between 1974 and 1979 exist in an online database that
contains the telegrams and other correspondence of the Department of State.
Many of these documents are open and available online. You can view the
results of our search, access the documents, and conduct your own searches
here
<https://aad.archives.gov/aad/free-text-search-results.jsp?cat=WR43&bc=sl&q=teruggi&btnSearch=Search&as_alq=&as_anq=&as_epq=&as_woq=>
.

The telegrams are full-text searchable. The P-Reels, which contain
documents other than telegrams, are available in paper at the National
Archives at College Park. The P-Reel indexes are also available online. If
you see P-Reel Index numbers that are of interest to you in the set of
responsive records we linked to above, please let us know so that we may
help you obtain those documents. Documents numbered P80 and later must be
requested through the Department of State.

A helpful guide to the 1973-1979 Central File is located here:
https://www.archives.gov/research/foreign-policy/state-dept/rg-59-central-files/1973-1979.html

We also identified an additional series of responsive State Department
records:

Record Group 59
Records Relating to Horman and Teruggi Litigation, 1961 - 1977
<https://catalog.archives.gov/id/27499859>
Entry UD-14D 86

This series is classified and records in the series need to be reviewed for
categories of information exempted from disclosure under the Freedom of
Information Act (FOIA). We are transferring your request to the National
Declassification Center staff for further action. The National
Declassification Center staff will be in contact about the status of your
request.

If you are searching for records relating to Teruggi's murder by the
Chilean military in the aftermath of the 1973 Chilean coup, many records
related to the coup were declassified and released as part of the Chile
Declassification Project. A searchable database
<https://foia.state.gov/Search/Results.aspx?collection=CHILE&searchText=*> of
these records is available on the State Department's website, and a search
of the database for "Teruggi" yields over 600 hits. The records in the this
database may overlap with some of our holdings, but it is likely that it
also includes material that either has not yet been transferred to us or
that is not available online through the National Archives.

If you have any questions about this database, please contact the
Department of State.

We will continue to process your request when the National Archive resumes
normal operations. For updates on our status, please visit
https://www.archives.gov/coronavirus.

Sincerely,

David Castillo
Archives Specialist
Textual Reference Archives II Branch (RR2RR)
National Archives at College Park, MD

Hello Muckrock requester

I am writing in regards to your FOIA request for All records mentioning
Frank Teruggi, Jr. (1949–1973) There is one classified series with possible
related records which is 6 boxes totaling 15000 pages.

I am wondering if there are specific topics relating to Mr. Teruggi that
you are interested in. Also, Can you please confirm your physical mailing
address, before i can log your request in.

I look forward to hearing from you.

Sincerely,

David Fort
National Archives and Records Administration
Deputy Director of the FOIA/MDR Division
David.Fort@nara.gov
301-837-0627

Hello muckrock requestor,

I just wanted to make sure you had received the email below. Once I hear
back from you and get the answers to my questions I will log this request
in. Thank you.

David Fort
--
National Archives and Records Administration
Deputy Director of the FOIA/MDR Division
David.Fort@nara.gov
301-837-0627

Hello,
Thank you for providing a mailing address.

Are there specific topics you are requesting pertaining to mr. Teruggi?

I am also wondering if you have any interest in processing this request as
an indexing on demand (IOD) request. In those instances we withdraw any
still classified items and allow you to see the remaining items. This
typically allows a researcher to see the vast majority of the records in a
quicker time frame.

Please let me know if there are specific items of interest and whether you
have any interest in processing this as an indexing on demand request.
Thank you.

Once I receive a response to those questions I will proceed with your
request.

Sincerely,

David Fort
--
National Archives and Records Administration
Deputy Director of the FOIA/MDR Division
David.Fort@nara.gov
301-837-0627

Thank you Mr. Ader,

I will log your request in when I return to the office next week. Just so
you are aware, because you are requesting multiple boxes of records your
case is considered a complex request. We are currently processing 2019
complex requests so it will be some time before any work is started.

Please let me know if the indexing on demand route is one you are
interested in pursuing. It could get you access to a majority of the
records in a much quicker timeframe.

Sincerely,

David Fort
--
National Archives and Records Administration
Deputy Director of the FOIA/MDR Division
David.Fort@nara.gov
301-837-0627

Dear Muckrock Requestor,

This is an initial response to your FOIA request for RG 59 Records
Relating to Horman and Teruggi Litigation 1961-1977 6 Boxes.

Your NARA Case number is NW 64799

The National Archives and Records Administration has limited authority to
release national security or other sensitive information. Pursuant to 5
USC(a)(6)(B)(iii)(III), if you have requested information that is
classified, it will be necessary to send copies of the documents to
appropriate agencies for further review. If the records are unclassified
but we determine that there are other sensitivities, such as personal
privacy, NARA will conduct a review of that file.

*Your case is considered a Complex request. We are currently processing
simple requests from 2019. Due to the ongoing COVID closure it is
unlikely that any work on your request will begin for at least 12-18
months. *

Please be sure to notify me of any change in mailing address as any mail
returned undeliverable will result in your case being closed.

Please let me know if you have any questions

Sincerely,

David Fort
National Archives and Records Administration
Deputy Director of the FOIA/MDR Division
David.Fort@nara.gov
301-837-0627

Dear J. Ader,

I am writing in response to your Freedom of Information Act (FOIA) request
of September 29, 2020 for records in the custody of the National Archives
and Records Administration. Your request was received in this office on
September 29,2020 and assigned FOIA tracking number RD 64700, interim
tracking number RF-319.

You requested access to FBI file number 100-HQ-474363 on Frank Teruggi, Jr.
Our initial assessment is that Frank Teruggi is the subject of the records,
created between October 1972 and December 1972, and consisting of 9 pages.

We were able to review this file in triage because it was under 10 pages.
We completed a line-by-line review of the records you requested and
released information to the greatest extent possible. Below is a summary of
our review:

Records Requested

Total Pages

Pages Released in Full

Pages Released in Part

Pages Withheld in Full

100-HQ-474363

9

6

3

0

We withheld information protected under section (b) of the FOIA (5 U.S.C.
552). The specific reasons for the denials are:

TYPE OF INFORMATION WITHHELD

FOIA EXEMPTION

classified national security information

(b)(1)

information exempted from disclosure by statute

The statute in support of this (b)(3) withholding is 50 USC 3024(1), which
protects sources & methods

(b)(3)

identities of confidential sources

(b)(7)(D)

A copy of 100-HQ-474363 is attached.

You also requested FBI case files related to Frank Teruggi, Jr. We
conducted a search of all available FBI indexes transferred to the National
Archives for Frank Teruggi, Jr. and were able to identify 1 additional FBI
case file that is responsive to your request: 100-CG-53422. Our initial
assessment is that Frank Teruggi is the subject of the record, created
between October 1972 and FEbruary 1975, and consisting of an estimated 100
pages.

These records require review for information protected from release under
the FOIA (https://www.archives.gov/foia/foia-guide#determine).

Your request does not exceed 700 pages, so it is assigned to our first-tier
processing queue. Taking into consideration our existing backlog, we
estimate it will take 39 months to complete processing. Once we notify you
that processing is complete, you may either visit our College Park, MD
facility to view the file at no cost, or order a reproduction. Our current
fee for reproductions is 80 cents per page, so we estimate the total cost
will be $80.

You must notify this office of changes to your contact information. If
communication is returned as undeliverable and no return address is
provided, your case will be administratively closed. To change your contact
information or to track the status of your request, please email
specialaccess_foia@nara.gov or call 301-837-3190. Please include your FOIA
tracking number in all communications concerning this request.

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

Acting FOIA Public Liaison: Rebecca Calcagno

8601 Adelphi Road, Room 5500

College Park, MD 20740-6001

dc.foia.liaison@nara.gov

301-837-3190

If you have other questions regarding your request, please contact me
directly.

Sincerely,

Brigitte Flynn

Archives Specialist

Special Access and FOIA Program (RF)

8601 Adelphi Rd. Room 5500

College Park, MD 20770

Dear J. Ader,

This is in further response to your FOIA request 21-26886 regarding Frank
Teruggi, Jr.. An interim response was provided to you on April 14, 2021.

We searched the Department of Justice Internal Security Index, 1930 - 1979
<https://catalog.archives.gov/id/729763> (A1 1011) and the Foreign
Political Matters Index Files, 1950 - 1979
<https://catalog.archives.gov/id/22476282> (Entry A1 1012) in *Record Group
60: General Records of the Department of Justice*. We did not locate any
responsive Department of Justice case files in our holdings.

We do not consider this a denial of your FOIA request. However, if you are
not satisfied with our action on this request, your options for appeal and
dispute resolution are outlined in the attachment. If you have any
questions, you may reach us at archives2reference@nara.gov.

This completes the processing of your request.

Sincerely,

David Castillo
Archives Specialist
Textual Reference Archives II Branch (RR2RR)
National Archives at College Park, MD
--
David Castillo
Archives Specialist
Textual Reference Archives II Branch (RR2RR)
National Archives at College Park, MD
Phone: (301) 837-0751

Dear Muckrock Requestor,

Periodically we contact requestors with requests over 15 months old to
determine continued interest. Please confirm your continued interest and
provide a current postal address. I look forward to hearing from you

Sincerely,

David Fort
National Archives and Records Administration
Deputy Director of the FOIA/MDR Division
David.Fort@nara.gov
301-837-0627