Attachment

Please note that Children's Health Defense does not seek initial mailing of news clips or other mass-distribution emails. However, subsequent communications forwarding such emails are responsive to this request. For example, if an official received a mass-distribution news clip email, that initial email would not be responsive to this request. However, if the official forwarded that email to another individual with commentary, that subsequent message would be responsive to this request and should be produced. Guidance Regarding the Search and Processing of Requested Records In connection with its request for records, CHD provides the following guidance regarding the scope of the records sought and the search and processing of records: ● Please search all locations and systems likely to have responsive records, regardless of format, medium, or physical characteristics. For instance, if the request seeks "communications" please search all locations likely to contain communications, including relevant hard-copy files, correspondence files, appropriate locations on hard drives and shared drives, emails, text messages or other direct messaging systems (such as iMessage, WhatsApp, Signal, or Twitter direct messages), voicemail messages, instant messaging systems such as Lync or ICQ, and shared messages systems such as Slack. The same applies to "correspondence." ● ​In conducting your search, please understand the terms "record," "correspondence," and "communications" in their broadest sense, to include any written, typed, recorded, graphic, printed, or audio material of any kind. We seek records of any kind, including electronic records, audiotapes, and photographs, as well as letters, emails, instant messages, facsimiles, transcripts, notes, or minutes of any meetings, telephone conversations or discussions. ● Our request for records includes any attachments to those records or other materials enclosed with those records when they were previously transmitted. To the extent that an email is responsive to our request, our request includes all prior messages sent or received in that email chain, as well as any attachments to the email. ● Please search all relevant records or systems containing records regarding agency business. Do not exclude records regarding agency business contained in files, email accounts, or devices in the personal custody of your officials, such as personal email accounts or text messages. Records of official business conducted using unofficial systems or stored outside of official files are subject to the Federal Records Act and FOIA.17 It is not adequate to rely on policies and procedures that require officials to move such information to official systems 17 See Competitive Enter. Inst. v. Office of Sci. & Tech. Policy, 827 F.3d 145, 149-50 (D.C. Cir. 2016); cf. Judicial Watch, Inc. v. Kerry, 844 F.3d 952, 955-56 (D.C. Cir. 2016).