Initial Request

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 0005280081
• Release Decision: IPPUB U
• Document Page Count: 3
• Document Creation Date: June 23, 2015
• Document Release Date: September 29, 2010
• Case Number: F-2010-00666
• Publication Date: June 25, 2008

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(242)498-44I1
[phone] fax E-Mail: JaMadPronaoLcom
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Delores M. Nelson
Information and Privacy Coordinator
Central Intelligence Agency
Washington, DC 20505
APPROVED FOR RELEASED
DATE: 18-Aug-2010
I have received your letter dated May 6, 2008, acknowledging receipt of the April 7, 2008, FOIA
request submitted by the James Madison Project ("JMP") for copies of all internal Central Intelligence
Agency ("CIA") documents and all remarks and reports prepared for Congress pertaining to the
drafting and implementation of the Intelligence Identities Protection Act of 1982 (Pub.L. 97-200, 50
L.S.C. ? 421-426) ("IIPA"). In your letter, you stated that you denied JMP's request for a fee waiver.
Your letter seeks to justify this determination by stating that the information sought is not likely to
contribute significantly to public understanding of the operations and activities of the United States
Government.
I am writing to appeal your denial of JMP's request for a fee waiver. Your stipulations aside,
disclosing this information would, without question, contribute significantly to public understanding of
government operations or activities and is in the public interest. In 2003, Valerie Plame Wilson, a covert
employee of the CIA, was identified publicly as such, leading to numerous Congressional hearings, a
grand jury investigation, and the criminal case U.S. v. Libby. Foremost among the issues debated in these
fora was the applicability of the IIPA, a debate that has continued to this day, as is evidenced by the
March 16, 2007, testimony before the House Committee on Oversight and Government Reform by
Victoria Tensing and myself, specifically addressing the relevance of the IIPA to the Plame scandal
L t[ liov(Miaht.house eovlsto a asp?ID=1 05) Disclosure of responsive records pertaining to the CIA's
involvement in the drafting and implementation of the IIPA will demonstrate the original intent of the
CIA's desire for such legislative or regulatory protection and therefore provide an invaluable resource in
the public debate over the current scope of the IIPA, and thereby would contribute to the public's
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understanding of government operations and activities.
With respect to the possible allegation that that IMP lacks the ability and intent to disseminate,
we clearly stated in our initial request that the material released to us would be published on our website
tt !www.iamesrttadisonnrojactOra I need only refer you to the Document Vault section of our website
to demonstrate both our ability, and intent to disseminate such information. As even a cursory review will
demonstrate, AT both has disseminated and continues to disseminate to the public information obtained
administratively and through litigation by way of FOIA, including a recent 385-page set of CIA
regulations located at itttJlwww.iamesmadisonnroiect.org/fileslCIA?ro2QRegs,iCIA% ~/o2Q-
?Fa2 \ HOLE pdf. Copies of documents disclosed by federal agencies through this process have also been
provided to other non-profit and media organizations with similar intentions and abilities to distribute
information to the public, such as the Federation of American Scientists. Because of our status and our
practice of making conscientious requests, most prior requests submitted by our organization have
received fee waivers,
However, in response to your statement that "the Agency may only accept an appeal of a fee
waiver denial if the requester agrees to be responsible for the costs in the event of an adverse
administrative or judicial decision," I hereby do not authorize you to
two hours or conduct any search in excess of
reproduction in excess of 100 pages unless this fee waiver is granted..
As stated in the memo faxed to your attention on June 4, 2008, we request that any documents or
records produced in response to these requests be provided in electronic (soft-copy) form wherever
possible. Acceptable formats are.pdf, .jpg, gif tif
Your cooperation in this matter would be appreciated. If you wish to discuss this request, please
do not hesitate to contact in,,, Director of FOIA Operations Kel McClanahan at
Ke1JamesMadisonProiect org or 301-728-5908,
Finally, please have all return postal correspondence addressed specifically to the attention of
Mark Zaid (and not Kel McClanahan) to ensure proper delivery.
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 ?m:Kel McClanahan (12406812189) To: Delores M. Nelson (17036133007) 10:54 06123108GMT-07 Pg 01-03
FAX COVER SHEET
Delores M. Nelson
EROM f McClanahan (12406812189)
A 0612312008
9.OVERMESSAGE