Untitled

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

NARA-NGC-2019-000549

Est. Completion None
Status
Awaiting Response

Communications

From: Eli Hayes

To Whom It May Concern:

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

As released under a previous FOIA request [document attached below] I am requesting all records contained in file 0045-10382. This is part of box HQ-0045-0006NA, transferred as part of LTI-0065-2015-0035. I am only requesting what records can be located within the two hours of free search, and what records can be reproduced within the 100 pages of free reproduction I am entitled to. Due to this, I would like to know what, if any, documents remain unreleased after this request.

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,

Eli Hayes

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-2019-000549&type=request)
* Tracking Number: NARA-NGC-2019-000549
* Requester Name: Eli Hayes
* Date Submitted: 06/17/2019
* Request Status: Submitted
* Description: To Whom It May Concern:

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

As released under a previous FOIA request [document attached below] I am requesting all records contained in file 0045-10382. This is part of box HQ-0045-0006NA, transferred as part of LTI-0065-2015-0035. I am only requesting what records can be located within the two hours of free search, and what records can be reproduced within the 100 pages of free reproduction I am entitled to. Due to this, I would like to know what, if any, documents remain unreleased after this request.

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,

Eli Hayes

Attachments:

https://cdn.muckrock.com/outbound_composer_attachments/SomethingGeneric/71642/FBI_HQ_Class20045_Boxes201-9.pdf
Upload documents directly: https://https://www.muckrock.comhttps://accounts.muckrock.com/accounts/login/?url_auth_token=AAAj2s1ucuu_oVmnt8n3JKMuPaY%3A1hcil3%3A_ljYkakoGbjJilPpqgHO8WX_xfU&next=https%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252Fnational-archives-and-records-administration-129%252Funtitled-75385%252F%253Femail%253Dfoia%252540nara.gov

From: National Archives and Records Administration

The FOIA request - NARA-NGC-2019-000549 description has been modified. Additional details for this item are as follows:
* Tracking Number: NARA-NGC-2019-000549
* Requester: Eli Hayes
* Submitted Date: 06/17/2019
* Description: To Whom It May Concern: Pursuant to the Freedom of Information Act, I hereby request the following records:
As released under a previous FOIA request [document attached below] I am requesting all records contained in file 0045-10382. This is part of box HQ-0045-0006NA, transferred as part of LTI-0065-2015-0035. I am only requesting what records can be located within the two hours of free search, and what records can be reproduced within the 100 pages of free reproduction I am entitled to. Due to this, I would like to know what, if any, documents remain unreleased after this request. 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, Eli Hayes
Attachments: https://cdn.muckrock.com/outbound_composer_attachments/SomethingGeneric/71642/FBI_HQ_Class20045_Boxes201-9.pdf
Upload documents directly: https://https://www.muckrock.comhttps://accounts.muckrock.com/accounts/login/?url_auth_token=AAAj2s1ucuu_oVmnt8n3JKMuPaY%3A1hcil3%3A_ljYkakoGbjJilPpqgHO8WX_xfU&next=https%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252Fnational-archives-and-records-administration-129%252Funtitled-75385%252F%253Femail%253Dfoia%252540nara.gov

From: National Archives and Records Administration

Dear Ms. Hayes:

Thank you for submitting your Freedom of Information Act (FOIA) request
about an FBI file to the National Archives and Records Administration
(NARA), via the *FOIAOnline* website. We received your request on June 17,
2019.

As I have explained to you before, 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 you already know is an *archival *record (a
record that was created by or originated in a different agency but that has
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 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

For your reference, a copy of your request with its one attachment is
below.

Please visit our website at www.archives.gov/foia for further information
about how to submit a FOIA request to NARA. The *FOIAonline *portal is
only for NARA's operational records. This is clearly stated on the portal
main page. When you know or believe a record is an archival record held by
NARA, and access to it may be restricted, then please file your FOIA
request directly with Research Services, Special Access and FOIA. If
access is not restricted, and the records are open to the public, then
submit a reference request to archives2reference@nara.gov. For your
information, the National Archives is authorized under 44 U.S.C. Section
2116(c) to charge fees for the copying of archival records. As a result
the fee waiver provisions of the FOIA statute do not apply per 5 U.S.C.
Section 552(a)(4)(A)(vi). See NARA regulation 36 C.F.R. 1250.51 (a).

Thank you.

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, Jun 17, 2019 at 7:51 AM
Subject: FOIA Request Deletion: NARA-NGC-2019-000549
To: <susan.gillett@nara.gov>

Below is an export of the submitted request information for the FOIA
request NARA-NGC-2019-000549.

- *Name and Address*
- First Name: Eli
- Middle Initial:
- Last Name: Hayes
- Organization:
- Mailing Address Location: United States/U.S. Territories
- Address Line 1: MuckRock News, DEPT MR 75385
- 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:
As released under a previous FOIA request [document attached below] I
am requesting all records contained in file 0045-10382. This is
part of box
HQ-0045-0006NA, transferred as part of LTI-0065-2015-0035. I am only
requesting what records can be located within the two hours of
free search,
and what records can be reproduced within the 100 pages of free
reproduction I am entitled to. Due to this, I would like to know what, if
any, documents remain unreleased after this request. 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, Eli Hayes
Attachments:
https://cdn.muckrock.com/outbound_composer_attachments/SomethingGeneric/71642/FBI_HQ_Class20045_Boxes201-9.pdf
Upload documents directly: https://https://www.muckrock.comhttps://
accounts.muckrock.com/accounts/login/?url_auth_token=AAAj2s1ucuu_oVmnt8n3JKMuPaY%3A1hcil3%3A_ljYkakoGbjJilPpqgHO8WX_xfU&next=https%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252Fnational-archives-and-records-administration-129%252Funtitled-75385%252F%253Femail%253Dfoia%252540nara.gov
- *Fee Waiver*
- Fee Waiver Requested: No
- Fee Waiver Reason:
- *Expedited Processing*
- Expedited Processing Requested: No
- Expedited Processing Reason:

From: National Archives and Records Administration

Dear Mr. Hayes,

I am writing in response to your Freedom of Information Act request of June
17, 2019 for records in the custody of the National Archives and Records
Administration. Your request was received in this office on June 19, 2019
and assigned FOIA tracking number *61788*

You requested access to case file number *45-HQ-10382*. My initial
assessment found that is the subject of this file *Amedy Leon Rice*. The
file has an estimated 50 pages, compiled as part of a crime on the high
seas investigation conducted between March 1964 and February 1965.

This file 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 personal
privacy information.

Requests for FBI case files that do not exceed 700 pages are assigned to *our
first-tier processing queue*. Taking into consideration our existing
backlog, the *estimated *time required to complete the processing of your
request is *approximately* *30 months* from the date of this letter.

Please note that once we have notified you that review is complete, you may
either visit our College Park, MD facility to view the file at no cost or
order a reproduction. You may order a reproduction copy at the cost of
$0.80 per page by contacting our office to place an order. We estimate that
the cost of a reproduction will be $40.

*Please be aware that **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.

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
<specialaccess_foia@nara.gov>*. All communications concerning this request
should reference your case tracking number* 61788*. If this communication
is returned as undeliverable and no return address is provided, your case
will be administratively closed.

If you have specific questions regarding the subject of your request,
please contact me directly at John.Perosio@nara.gov or 301-837-0617.

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 *61788*.

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: Britney Crawford

8601 Adelphi Road, Room 5500

College Park, MD 20740-6001

Telephone: 301-837-3190

E-mail: *dc.foia.liaison@nara.gov <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,

*John Perosio*
Archivist, Special Access/FOIA Staff
National Archives & Records Administration

Tel: 301-837-0617 <(301)%20837-1932>
Email: john.perosio@nara.gov <heather.macrae@nara.gov>
Main Office Tel: 301-837-3190 <(301)%20837-3190>
Main Office Email: specialaccess_foia@nara.gov
National Archives Website: www.archives.gov
Special Access/FOIA Website: www.archives.gov/research/foia/

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