Frank Wilkinson (NARA)

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-2018-000810&type=request)
* Tracking Number: NARA-NGC-2018-000810
* Requester Name: JPat Brown
* Date Submitted: 08/28/2018
* Request Status: Submitted
* Description: To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
I am requesting 132,000 pages of pre-proccessed FBI records on the activist Frank Wilkinson. I was referred to NARA via FBI, who provided the reference numbers 100-SU-9247, and 100-HQ-49524.
Further detail regarding Wilkinson's file can be found here:
https://rightsanddissent.org/news/the-unamericans/
I will be sending someone to physically pick up a digital copy of the records when they're completed.
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,
JPat Brown

Dear JPat Brown:

This is in response to your email of December 7, 2018 asking for a status
update on a FOIA request with the FOIAonline tracking number
NARA-NGC-2018-000810.
I could not find this request in our FOIAonline database. FOIAonline went
through an upgrade in July, and all the agencies that use it experienced
various problems with the system for several months after the upgrade.
Your request may have been dropped from the system as part of some of the
glitches.

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 was for FBI records on Frank
Wilkinson that may be *archival* records (records that were created by or
originated in a different agency but that 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. You cited file numbers 100-SU-9247 and 100-HQ-49524.

Since the *Office of Research Services, Special Access and FOIA* does not
process FOIA requests through *FOIAOnline*, you will be assigned a new
tracking number by that office within the next 20 business days. So do not
use the above-mentioned FOIAonline tracking number in future correspondence
with that office. 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

On our website at www.archives.gov/foia you can find further information
about FOIA, and making a FOIA request to the National Archives. 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 us.

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: <requests@muckrock.com>
Date: Fri, Dec 7, 2018 at 1:56 PM
Subject: RE: Freedom of Information Act Request #NARA-NGC-2018-000810
To: <FOIA@nara.gov>

National Archives and Records Administration
FOIA Office
Room 3110
8601 Adelphi Road
College Park, MD 20740

December 7, 2018

This is a follow up to request number NARA-NGC-2018-000810:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information Act request,
copied below, and originally submitted on Aug. 27, 2018. Please let me know
when I can expect to receive a response. You had assigned it reference
number #NARA-NGC-2018-000810.

Thanks for your help, and let me know if further clarification is needed.

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
Upload documents directly:
https://www.muckrock.com/accounts/agency_login/national-archives-and-records-administration-129/frank-wilkinson-nara-60019/?uuid-login=7c25a0ee-2fb1-4cca-b711-ca981af5b3a7&email=FOIA%40nara.gov#agency-reply
Is this email coming to the wrong contact? Something else wrong? Use the
above link to let us know.

For mailed responses, please address (see note):
MuckRock News
DEPT MR 60019
411A Highland Ave
Somerville, MA 02144-2516

PLEASE NOTE: This request was filed by a MuckRock staff reporter. Also note
that improperly addressed (i.e., with the requester's name rather than
"MuckRock News" and the department number) requests might be returned as
undeliverable.

---

On Aug. 28, 2018:
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-2018-000810&type=request)

* Tracking Number: NARA-NGC-2018-000810
* Requester Name: JPat Brown
* Date Submitted: 08/28/2018
* Request Status: Submitted
* Description: To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following
records:
I am requesting 132,000 pages of pre-proccessed FBI records on the activist
Frank Wilkinson. I was referred to NARA via FBI, who provided the reference
numbers 100-SU-9247, and 100-HQ-49524.
Further detail regarding Wilkinson's file can be found here:
https://rightsanddissent.org/news/the-unamericans/
I will be sending someone to physically pick up a digital copy of the
records when they're completed.
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,
JPat Brown
---

On Aug. 27, 2018:
To Whom It May Concern:

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

I am requesting 132,000 pages of pre-proccessed FBI records on the activist
Frank Wilkinson. I was referred to NARA via FBI, who provided the reference
numbers 100-SU-9247, and 100-HQ-49524.

Further detail regarding Wilkinson's file can be found here:
https://rightsanddissent.org/news/the-unamericans/

I will be sending someone to physically pick up a digital copy of the
records when they're completed.

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,

JPat Brown

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
Upload documents directly:
https://www.muckrock.com/accounts/agency_login/national-archives-and-records-administration-129/frank-wilkinson-nara-60019/?uuid-login=7c25a0ee-2fb1-4cca-b711-ca981af5b3a7&email=FOIA%40nara.gov#agency-reply
Is this email coming to the wrong contact? Something else wrong? Use the
above link to let us know.

For mailed responses, please address (see note):
MuckRock News
DEPT MR 60019
411A Highland Ave
Somerville, MA 02144-2516

PLEASE NOTE: This request was filed by a MuckRock staff reporter. Also note
that improperly addressed (i.e., with the requester's name rather than
"MuckRock News" and the department number) requests might be returned as
undeliverable.

Requester Brown--

I am writing in response to your Freedom of Information Act request of
December 7, 2018, for records in the custody of the National Archives and
Records Administration. Your request was received in this office on
December 11, 2018, and assigned FOIA case number *RD 59893*.

You requested access to case file numbers *100-HQ-49524 and 100-SU-9247*,
identified by the FBI as potentially responsive to your request for records
relating to *Frank Wilkinson*.

You specified that you are interested in "132,000 pages of pre-processed
FBI records". By accessing the URL you provided, I understand that you mean
to request a copy of the version of Wilkinson's case file released in 1984
by the FBI. The National Archives does not have access to versions of case
files released by the FBI under FOIA, except the ones posted to their Vault
online which are already publicly available. As you may learn from the
General Records Control Schedule at
https://www.archives.gov/files/records-mgmt/rcs/schedules/general-records-schedules/nc1-064-77-01_sf115.pdf,
FOIA correspondence and supporting files are temporary records, and are not
accessioned to the National Archives. We do not consider this to be a
denial under the FOIA, only that we have no records to respond to this
portion of your request.

My initial assessment confirms that case file *100-SU-9247*
is not yet in the custody of the National Archives. We have a folder with
that number on the outside, but the case file itself is not present within
the folder. This file may therefore remain in the legal custody of the
Federal Bureau of Investigation. Please request the file from them at
https://www.fbi.gov/services/information-management/foipa.

Case file *100-HQ-49524 *is in fact on *James Hilliard Burford*. The file
has an estimated 300 pages in 2 sections, compiled as part of an internal
security investigation conducted between October 1941 and December 1968. I
flipped through the serials to see if I could locate a serial mentioning
your subject of interest, and did not identify a Wilkinson mentioned in the
file.

If you are not interested in this file because its subject is not Frank
Wilkinson, please let me know and I will close out this request.

Case file 100-HQ-49524 requires screening for categories of information
exempted from disclosure under the terms of the FOIA, 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.

I have assigned your request to our first-tier processing queue, which
handles requests that do not exceed 500 pages. Taking into consideration
our existing backlog, the estimated time required to complete the
processing of your request is approximately 24 months from the date of this
letter.

To notify this office of a *change in your contact information* or to *track
the status of your request*, please telephone 301-837-3190
<(301)%20837-3190> or e-mail specialaccess_foia@nara.gov. If you have
specific questions regarding the subject of your request, please contact me
directly at Amanda.Weimer@nara.gov or at 301-837-0604 <(301)%20837-0604>.
All communications concerning this request should reference your case
tracking number *RD 59893*.

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 case
number RD 59893.

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 <(301)%20837-3190>

Acting FOIA Public Liaison: Britney Crawford

8601 Adelphi Road, Room 5500

College Park, MD 20740-6001

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 <(202)%20741-5770>

1-877-684-6448
<(877)%20684-6448>

Dr. Amanda Weimer
Archivist, Special Access and FOIA (RD-F)
National Archives at College Park
8601 Adelphi Road, Room 5500
College Park, MD 20740-6001
+1 (301) 837-0604

https://www.archives.gov/research/foia
Main FOIA Telephone: 301-837-3190

This email is UNCLASSIFIED.

Due to a lapse in appropriations, the National Archives and Records Administration is closed to normal operations. I and my fellow Federal employees are not permitted to pursue core mission functions, and will be out of the office until authorized to return. I realize your Freedom of Information Act requests are important to you, and I will respond to your inquiry as soon as I am permitted to return to work. Thank you.
--
Dr. Amanda Weimer

Archivist, Special Access and FOIA (RD-F)
National Archives at College Park
8601 Adelphi Road, Room 5500
College Park, MD 20740-6001 +1 (301) 837-0604
https://www.archives.gov/research/foia Main FOIA Telephone: 301-837-3190
This email is UNCLASSIFIED.

Requester Brown--

I have an update on your request RD 59893 for FBI case files 100-HQ-49524
and 100-SU-9247, with some good news.

We have had a second, similar request for these records and so we were able
to spend some additional time searching, in addition to the two hours
allocated your request. We have located case file 100-SU-9247, filed in
another location from the rest of the Classification 100 case files from
the Salt Lake City field office.

Case file 100-SU-9247
is indeed on Frank Byron Wilkinson. The file is arranged in 2 sections and
has an estimated 500 pages, compiled as part of an internal security
investigation conducted between June 1958 and February 1976.

You specified in your original request that you are interested in 132,000
pages, so we surmise that you are looking for more records than the two
case file numbers you received from FBI FOIA. We do have approximately 130
boxes of case files compiled for the lawsuit Frank Wilkinson v. Federal
Bureau of Investigation, but these contain many more case files than the
two specified, and total around 130,000 pages.

The two individual case files you specified, as well as the records from
the Wilkinson lawsuit at large, 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 should be redacted to protect the identities of confidential
sources, including FBI informant codes and informant file numbers.

We are happy to include all of these records in your request RD 59893,
but *this
would push your page count from a first-tier case into our second tier.*
Files with more than 1,000 pages are processed on an incremental basis, at
1,000 pages per year. You will receive a response in partial fulfillment of
your request after we have completed the first installment. We will provide
you with an update on the status of your request and an estimated
completion date at that time. To give you an indication of our existing
backlog, we are currently processing second-tier requests received in
spring 2013.

If you would like to remain in our first-tier processing queue, you could
limit your request to the two volumes of case file 100-SU-9247, totaling
approximately 500 pages. The estimated time required to complete the
processing of a first-tier request is approximately 24 months from the date
of this correspondence.

If you have specific questions regarding the subject of your request or *would
like to discuss narrowing your request*, please contact me directly at
Amanda.Weimer@nara.gov or at (301) 837-0604. All communications concerning
this request should reference your case tracking number RD 59893.

To notify this office of a *change in your contact information* or to *track
the status of your request*, please telephone 301-837-3190
<(301)%20837-3190> or e-mail specialaccess_foia@nara.gov.

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 <(301)%20837-3190>
Acting FOIA Public Liaison: Britney Crawford

8601 Adelphi Road, Room 5500
College Park, MD 20740-6001
E-mail: dc.foia.liaison@nara.gov

Dr. Amanda Weimer
Archivist, Special Access and FOIA (RD-F)
National Archives at College Park
8601 Adelphi Road, Room 5500
College Park, MD 20740-6001
+1 (301) 837-0604

https://www.archives.gov/research/foia
Main FOIA Telephone: 301-837-3190

This email is UNCLASSIFIED.

Requester Brown--

Your questions are good ones.

The version of the Wilkinson file that was previously released was
processed by the FBI, not by NARA. NARA accessioned the original file,
without redactions, and the copy at the Archives needs to be reviewed
before it can be released. The redacted version would have been a FOIA
record held by FBI, and therefore would have been a temporary record
handled according to the applicable General Record Schedule (which you can
see online at
https://www.nara-at-work.gov/archives_and_records_mgmt/records-control-schedules/general-records-schedules/n1-grs-87-004_sf115.pdf)
and would not be accessioned to the National Archives.

Second Tier processing at 1000 pages per year is our current practice, yes,
and it would take quite about 130 years from the beginning of processing.
We are currently beginning processing for second tier requests received in
early 2013.

Dr. Amanda Weimer
Archivist, Special Access and FOIA (RD-F)
National Archives at College Park
8601 Adelphi Road, Room 5500
College Park, MD 20740-6001
+1 (301) 837-0604

https://www.archives.gov/research/foia
Main FOIA Telephone: 301-837-3190

This email is UNCLASSIFIED.

Hello, JPat--

Yes, six years is about the current wait time to begin processing
second-tier requests, and you would receive the first installment at that
time.

Dr. Amanda Weimer
Archivist, Special Access and FOIA (RD-F)
National Archives at College Park
8601 Adelphi Road, Room 5500
College Park, MD 20740-6001
+1 (301) 837-0604

https://www.archives.gov/research/foia
Main FOIA Telephone: 301-837-3190

This email is UNCLASSIFIED.

Please see attached regarding your request

Hi, JPat--

On April 3, 2019, Jesse Padron sent an update to you with regard to our Tier structure update this past year, and he incorrectly identified your case requesting all 130,000 pages of the Wilkinson files as going into the second tier.

This tier assignment is inaccurate, and your case will be processed in our third tier processing queue, which handles requests for more than 3,000 pages at a time.

I'm sorry for the confusion.

Dr. Amanda Weimer
Archivist, Special Access and FOIA (RD-F)
National Archives at College Park, 8601 Adelphi Road, Room 5500, College Park, MD 20740-6001
+1 (301) 837-0604

Your FOIAonline user account for requests@muckrock.com has been deactivated due to inactivity.