Attachment
Gates Package, p.695 · gates:exh:00253
Page text: p.695 · original PDF
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within a certain period of time; CHD has a right to records contained in those files
even if material has not yet been moved to official systems or if officials have, by
intent or through negligence, failed to meet their obligations. 18
●
Please use all tools available to your agency to conduct a complete and efficient
search for potentially responsive records. Agencies are subject to
government-wide requirements to manage agency information electronically,19
and many agencies have adopted the National Archives and Records
Administration (NARA) Capstone program, or similar policies. These systems
provide options for searching emails and other electronic records in a manner
that is reasonably likely to be more complete than just searching individual
custodian files. For example, a custodian may have deleted a responsive email
from his or her email program, but your agency's archiving tools may capture that
email under Capstone. At the same time, custodian searches are still necessary;
agencies may not have direct access to files stored in PST files, outside of
network drives, in paper format, or in personal email accounts.
●
In the event some portions of the requested records are properly exempt from
disclosure, please disclose any reasonably segregable non-exempt portions of
the requested records. If a request is denied in whole, please state specifically
why it is not reasonable to segregate portions of the record for release.
●
Please take appropriate steps to ensure that records responsive to this request
are not deleted by the agency before the completion of processing for this
request. If records potentially responsive to this request are likely to be located
on systems where they are subject to potential deletion, including on a scheduled
basis, please take steps to prevent that deletion, including, as appropriate, by
instituting a litigation hold on those records.
Fee Waiver Request
In accordance with 5 U.S.C. § 552(a)(4)(A)(iii) and your agency's regulations, CHD
requests a waiver of fees associated with processing this request for records. The
subject of this request concerns the operations of the federal government, and the
disclosures will likely contribute to a better understanding of relevant government
procedures by the general public in a significant way.
Moreover, the request is primarily and fundamentally for non-commercial purposes.
CHD requests a waiver of fees because disclosure of the requested information is "in
the public interest because it is likely to contribute significantly to public understanding
19 Presidential Memorandum--Managing Government Records, 76 Fed. Reg. 75,423 (Nov. 28, 2011),
https://obamawhitehouse.archives.gov/the-pressoffice/2011/11/28/presidential-memorandum-managing-g
overnment-records; Office of Mgmt. & Budget, Exec. Office of the President, Memorandum for the Heads
of Executive Departments & Independent Agencies, "Managing Government Records Directive," M-12-18
(Aug. 24, 2012), https://www.archives.gov/files/records-mgmt/m-12-18.pdf
18 See Competitive Enter. Inst. v. Office of Sci. & Tech. Policy, No. 14-cv-765, slip op. at 8 (D.D.C. Dec.
12, 2016).
Links shared
- gov https://obamawhitehouse.archives.gov/the-pressoffice/2011/11/28/presidential-memorandum-managing-g
- gov https://www.archives.gov/files/records-mgmt/m-12-18.pdf