cpt pamela barnett appeal to dos - evidence of state department cover-up of obama s birth story -...

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  • 8/7/2019 CPT Pamela Barnett Appeal to DOS - Evidence of State Department Cover-Up of Obama s Birth Story - 1/19/11

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    FOIAAPPEAL#200900535Page1of6

    Pamela Barnett2541 Warrego Way

    Sacramento, CA 95826(415)846.7170

    January 19, 2010

    Chairman, Appeals Review Panel,c/o Information and Privacy Coordinator/Appeals Officer,U.S. Department of State, A/GIS/IPS/PP, SA-2Washington, DC 20522-8100

    RE: Case No.: 200900535 - Consular and Passport Records for StanleyAnn Dunham (aka Obama) for the years 1959-1962

    Mr. Chairman,

    This is an urgent appeal of national importance in response to the Department of Statescorrespondence to me dated Dec. 10, 2010, from Alex Galovich.

    I being duly sworn depose and say under penalty of perjury the following fromSacramento County, California. I am a U.S. citizen over 18 years of age, and I am aretired military officer with over 14 years experience working with federal governmentpolicies and procedures. In the event of my untimely death or mental incapacity Itransfer all legal rights associated with this FOIA request to Christopher Strunk ofBrooklyn, NY, who has an active lawsuit against the DOS to obtain Stanley Ann

    Dunhams passport records. My summarized updated more detailed demand forrecords appears at the end of this appeal request. This appeal letter will be publicized.

    To be legally eligible to be President of the United States both parents must be U.S.citizen and the child must be born on U.S. soil according to past Supreme Court rulingsas well as U.S. historic definition. The DOS has not made a reasonable effort to locaterecords requested after two long years of obstructing the release of records that wouldhelp prove whether or not Barack Hussein Obama (aka Soebarkah, according to hismothers passport records) (Exhibit 1) was born in Hawaii in 1961 as he states andalso prove who his biological father is and what his citizenship was. The DOS has NOTmade a good faith effort to locate records to fulfill my FOIA request and I fear unknownagents with access to DOS records have engaged in selective document destruction ofdocuments that would have satisfied my request and helped confirm whether or notObama was born in the United States and who his father was on his official birth andpassport documents.

    I urge you to order U.S. Marshalls to immediately secure all of the remaining paperpassport and consular documents, microfilms, and indexes regarding records for

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    Stanley Ann Dunham (aka Obama, further on to be referenced as SAD) before theydisappear as well. The processing of my original FOIA request is not complete as myrequest for SADs consular and passport records was not addressed at all by the DOS.

    Copied from my FOIA online request:

    I request all United States Passport and all consular records for Stanley AnnDunham aka Stanley Ann Obama aka Ann Dunham aka Ann Obama for the yearsof 1959, 1960, 1961, 1962. Stanley Ann Dunham (Name variation could beAnna),who was born in Wichita, Kansas, on November 29th, 1942.

    The DOS mailed to me six SAD (aka Soetoro) passport related documents that I didNOT request, and they do NOT address my original request.

    In the letter from Jonathan M. Rolbin, Director, he states that these documents wereresponsive to your request. I think this is an attempt to by Rolbin to try to try to

    placate me for DOSs complete lack of response to what I requested because of thevery unreasonable two years of waiting for documents of monumental importance.

    Rolbin also stated Many passport applications and other non-vital records fromthat period were destroyed during the 1980s in accordance with guidance fromthe General Services Administration. This generalized, uncorroborated statementcreates more questions than answers.

    Rolbins statement greatly concerns me for many reasons:1. Calls passport applications non-vital, when they clearly are, as they are thesupporting documentation behind the issuance of a passport and are consideredClass A documents and contain evidence of proof of citizenship.2. DOS states that period. What period is this? They provide no time frame.3. Wheres the proof of the supposed destruction? Wheres the chain of title forthe destruction of millions of citizens personal passport documents withoutnotice? Where is the original policy document/directive that outlines this allegeddocument destruction program?4. If this alleged documentation destruction program was instituted, why is it notreflected in the DOS Records Schedules? (Tasha M. Thian, DOS RecordsOfficer confirms that this destruction is not reflected in the DOS RecordSchedules.) Why did the DOS attorney Rolbin not produce a directive or policyletter that outlines this alleged destruction?

    The DOS entered an unsworn, uncorroborated alleged communication that discussedan alleged purge project into federal court in response to the lawsuit Strunk v.StateDepartmentDCD 08-cv-2234 (RJL). (Exhibit 2) I bring this to your attention because thisalleged correspondence and alleged purge project affects my FOIA request directlyand DOS entered it into evidence in a court of law. However, I am not surprised that this

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    FOIAAPPEAL#200900535Page3of6

    document was not sent to me by DOS, because it is highly suspect as to its authenticity.According to research (much of which is from DOS and National Archives and RecordsAdminstration (NARA) policy and procedures), there was no such program to destroymany passport applications. (See Exhibit 3 affidavits that discredit this DOS allegedpurge project program and alleged resulting communication from 1985.)

    In addition to the attached affidavits, I provide additional questions and supportingdocumentation that further discredits the alleged purged project and alleged resultingcommunication.

    First of all, I question the peculiarity of the communication based on who it issupposedly to; Beirut and Kabul Embassies. Why just these two embassies when theyare in different diplomatic regions and both had wars waging around them along withbombings? Why would DOS list two different embassies together on thecommunication when they were going to two different locations? Why not acommunication addressed just to Kabul and another addressed just to Beirut? Kabul

    didnt even have an official embassy in the 1980s according to the Afghanistanembassy. Routine correspondence is not a record type that requires long term storingas you can verify with the Passport Record schedules. It would be highly unlikely for aroutine correspondence to not be destroyed before 25 years. (Exhibit 4)

    According to this alleged purge project correspondence the passport records that DOSwanted to destroy were located at the FRC before they moved them to an undisclosedlocation to be destroyed. Passport records after 1925 are maintained by PassportServices until they are scheduled to be transferred to National Archives at 50 years ordestroyed at 100 years according to Records Schedules on DOSs website. (Exhibit 5)

    If this alleged communication were factually correct, this would have meant that therewas an unscheduled transfer of passport documents from DOS to the FRC, because amove to an FRC or WNRC is not included in the Passport Record Schedules. (Exhibit 5)

    In order to transfer unscheduled records to an FRC, agencies must:

    Inform NARA's Life Cycle Management Division (NWML) in writing prior to the transfer.This can be done by sending NWML a copy of the SF 135 submitted for FRCapproval before transferring the unscheduled records to the FRC. (Exhibit 6)

    Consequently, there should be paperwork that documents the unscheduled transfer of

    documents. Today the form is known an SF135, however I am not sure if is the sameform that would have been used in the early 1980s but it has a Rev. 7-85 date on it.(Exhibit 7) Another odd problem with the mention of the FRC (Im assuming the FederalRecords Center, but does not mention which one.) is that the alleged communicationstates the more than 125 million records which had accumulated at FRC since 1925.According to the FRC website the FRC started in 1950. (Exhibit 8) The WNRC, theFRC closest to Washington, D.C., was dedicated in 1966 and the DOS Passport

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    Services stores passport records there. (Exhibit 9) This factual information conflictswith the purge project communication that stated records accumulated at the FRCsince 1925.

    The WNRC and other FRCs were specifically created to store and destroy federal

    records on a large scale, so it is very odd that the WNRC or other FRC would transfer125 million (or whatever the amount was, as it is unclear from the allegedcommunication) records back to the creator agency for destruction. The DOS is in thebusiness of diplomacy, international travel and citizen assistance overseas, it is notcommon place to perform large scale document destruction. The DOS cannot use theexcuse that they needed specific DOS expertise to do the destruction because theyallegedly hired 40 new people and did not even say if they were contractors oremployees. It is very unlikely that only 40 people handled combing through 125 milliondocuments to destroy many in only 9 months (22 working days a month average) -thatequals 3,125,000 records per worker or approximately 15,782 records each day toevaluate and then destroy targeted records. This would be an impossible task.

    The DOS also alleged significant savings as the reason for destruction. If that werethe case, why werent the alleged documents destroyed on site at the FRC to avoidthe presumably large costs to transfer them to another location and why were 40 newpeople hired instead of using the trained staff at the FRC?

    Again, if the alleged purge project existed it would have had to been the result of anUnscheduled transfer that caused this communication to be created and issued to theembassies. I request a copy of this alleged directive and the Disposition AuthorizationNumber assigned to it. I also request certified copies of the SF 135s that would havebeen filled out and recorded by the FRC aka WNRC as well as a copy of the written

    transfer notification to NWML.

    Furthermore regarding SADs records, I request the passport indexes (certifiedcopies for SAD (aka Obama) from the years 1959-1962. The permanent paperindex cards would show ALL passports that were issued to Dunham and allowthose passport applications to be located.

    I require you to search the paper and microfilm archives, not just the database, becauseobviously a database can contain errors or omissions. Barack Obamas passportrecords were infiltrated by a contractor for his political appointee, John Brennan,the Assistant to the President and Deputy National Security Adviser for HomelandSecurity and Counterterrorism. Coincidentally or not so coincidentally, the DHS alsorefuses to release records regarding Obama they refuse to release the immigrationrecords for Barry Soetoro, Barack Obamas name while he lived in Indonesia with hisadopted step father Lo Lo Soetoro. (FOIA Lawsuit Allen v. DHS, 4:09cv00373).

    The infiltration of Obamas passport files proves that the DOS passport database isNOT secure and former Secretary of State Condi Rice admitted that the Dept. of

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    State cannot assure anyone that records in the database were not added,changed, removed.

    The DOS also hid the facts from the American people with extreme redactions ofthe DOS investigation of the infiltration of Barack Obama aka Soebarkah aka

    Barry Soetoros passport record file which includes birth place and parentageinformation and passports issued from other countries. Lieutenant QuarlesHarris, Jr, with knowledge of this breach and cooperating with federal agents onthe investigation was murdered execution-style. This is public record.

    If the alleged purge project was real, DOS should have kept SADs 1965 or earlierpassport applications because a pre-1967 application would have been the originalpassport application with proof of citizenship. The purge project states retainingthose records of permanent significance including those containing information on, ordocumentation of, citizenship which would include an original passport application.

    Because the DOS said they destroyed Obamas mothers 1965 passport recordsand possibly pre-1965 records, I request an unredacted full report of theinvestigation of Obamas passport records that could give insight of whereObama aka Soebarkah aka Soetoro was born. This information will help toprovide insight of where Obama was born because the Governor of Hawaii NeilAbercrombie has recently announced that he cannot locate an original birthrecord for Obama, but he says he saw something written down. This is notproof of birth in Hawaii to a American citizen father and mother.

    To remain a natural born citizen a POTUS could not have become a citizen ofanother country. The un-redacted investigation report could also let the

    American people know if Obama was an Indonesian/British/Kenyan citizen atbirth (or through adoption) and past the age of 18 years old when he traveled toPakistan in the 1981 time frame when travel by U.S. citizens was highlydiscouraged by the U.S. State Department, and when/if Obama legally regainedU.S. citizenship. If Obama had an Indonesian passport he would have had torenounce his U.S. citizenship to have it.

    The following is an updated request for records as it pertains to my original FOIArequest:

    1. All paper passport applications for SAD (aka Obama) 1959-1962.

    2. All Consular Reports of birth for SAD (aka Obama) 1959-1962 from index cardsand master index.3. Consular Reports of birth master index for all citizens that gave birth abroad

    1959-1962 in Kenya/Mombasa and Canada and other index data available forSAD at these consular outposts/embassies.

    4. Index cards for all SAD (aka Obama) passport applications 1959-1962.5. Passport authorization lists in paper format for SAD (aka Obama) 1959-1962.

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    DOS FOIA APPEAL #200900535

    EXHIBIT1

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    DOS FOIA APPEAL #200900535

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    Case 1:08-cv-02234-RJL Document 37-2 Filed 07/29/10 Page 26 of 28

    PAGE 01ORIGIN PP'l'-OlINFO L O G ~ O O

    N 2 l \ ~ O " CJ\-O:!

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    l\DSOU SUR-OOl\R]\- 00 5Y06SIG-03 FSI-OlJ

    UNCLASSIFIED

    55-00 AF-OO f I ] M O ' ~ 01 10 -15I \ " ! ' ~ O - 01 EAP-OO hIT- 02 oes-GEi.l\.S-02 / \-02 1052 R

    9F'J\rrSD BY; CAl PP T IS: f ~ P M C C L V ! : ~ Y /CA/OCS/CCS/EAP: LMI'l.l\UCHOP: L t ' n ' ~ /\PPHOVBD UY: CA/ocslccs: C/\'Dl P1..l\CIDOc/ \ /ocS/CCSjEAP: BTHOtl\l\S Sl\P/E>:: EPOLt

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    Case 1:08-cv-02234-RJL Document 37-2 Filed 07/29/10 Page 27 of 28

    UNCLASSIFIED2 , 01\CKGROUND.SINCE THG , L , ~ T 8 1 ~ 6 0 '8 TliS GENER1\L SERVICES IIWlINISTRJ\1'lONHIID PRESSURED THE 8UR8l1U OF CONSULAR AFFAIRS TO R!WUCS'rIlE VDL,UNE OF I'IISSPORT APPLICA'J'IONS l\ND RELJ\TED RECORDSS T O R ~ : { ) l\T PRe, 1\']' Ti{fi'!' 'rIME, ORIGIN"AL PASSPORT RECORDSl'lER!; I{ETAINF.D VOR A PSRIOD OF' lOO YEARS. THE RETENTIONPElnOD I1AS S U B S ~ Q U S N T L , ' I !'t!i;f)UCCD TO TWENTY YSIIIlS FOR1 0 ~ Y E i \ R l\PPLJCN!'IOW; l\ND l"'1P1'EEN YeARS FOR 5-YEl\RAPPLICATIONS, IN 1982, JU'1"BR CONSU11'ING Nl'l'H hLL PP..H1I\RYBUREIIU FILE USERS, TilE CA BUREAU DECIDED TO REDUCe: THS1I0LDINGS OF r H ~ : C O R D S 1-\1' F'Re BY ELIMINATING l\LLNON-PERM;\NENT, ROUTINE RECORDS, RETAINING THOSE RECORDSf)F PEr{M!\NENT SIGNIPJCl\NCE INCLUDING 'fIlOSIl CONTAININGTNFORr1ATlON ON, OR DOCUNtlN'fATION 01", CITIZENSHIP," R E C O R i ) ~ BEING HSTlIINi>D,1\ :..,rSTJNG OF TilE PRIMl\f=!Y D O C t J j \ 1 ! ~ N T S BEING RE'l'i\INED IS r ~ s FOLLONS,- - REPOR'rs Of' BIRTH- - CERYl VICl\TES OF WITNESS TO MARRTJ\GE--CERTIPICNTBS Of LOSS OF N A ' j ' I O N ~ . L I T Y (1'/I'l'H ATTACHED

    2"ILf:;sl- REPORTS OF Di!:l\TH-APPLIC]\TIONS ~ n T ! I DELJ\YBD F.lIRTH c:r':RTI PICi\TES OR

    tn-K'Ll\SSl r ~ I E D PAGE 03 S'fNI'E 03 (, } 4 6

    SPECIAl. REGISTRATIONS ATTACHED -J\PPLICilTIONS (NilTIVU; BORN) InTH SECONDARY EVIDENCllOF BIRTH/ IDENTITY ATTACHED -APPLICATIONS OF Ff)Rr::IGN BORN CITIZENS~ A P P L I C A ' T ' l O N S INC1JUDING rOREIGN BORN Cl'lTZBNS

    - -APPLICA1'10NS OF I'lOI-1EN ACQUIRING CITIZENSHIP TIiROUGHHARIUAGE

    - -1\PPLIClI'rIONS TO RESUNE CITIZENSHIP (VOTING IN ITIIr.IIINE],ECTlONS BETNEeN 1 /1 /46 AND 4/1S/ '18)

    , ~ p P L r C ' . A T I O N S TO TAKE OATH OF I\LLEGI!u'ICB !\NDRSNUNCIATION (SERVICE IN CANADI!\N ARMY)

    - -APPLICATIONS rClR REGI5TRII'l'ION, INCLUDING IIPpr,I C/\'[IONSFOR CERTlnClITiOS OR CARDS OF IDENTITY, OR CARDSISSUED l"OR BORDER CROSSING PURPOSES,

    - - REGTST1V\'!'TON APPLICi\TIONS ,l\I,L PHI LI Pl'lNf; PASSPORT R!!:CORDS--LOOK-OUT (.'l\SES-POSSIBLE LOSS, NON-l\CQUISITJON, NON-RETENTION.

    DENIALS, LIM1TA'I'IONS, REVOCATIONS, QUBSTIONABLECI'fIZ8NSJlIP C l . A I ~ l S , ETC, (NI'l'1I ATTACHBD FILES)

    UNCLASSIFIED

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    Case 1:08-cv-02234-RJL Document 37-2 Filed 07/29/10 Page 28 of 28

    UNCLASSIFIED FRAUDULENT CJ:'fI ZENSHll' C . ~ 5 E S OR CJI.SES JNVOLVING

    F'Rl\TJDUJ.J-EN'f USE OF PASS E'ORT

    OUTSTANDING r . O ; ~ N S CLASSIFIED P I L ! : ~ S .

    1. ! ~ E C . ' ( . ) } m 8 BEING 1 J . 1 ~ S C j \ R D E D . 1\ r,niTJNG 017 1'118 PRINARY lJOcurvmNTs OEING BLHlINATEDF'OLLO\'lS:- -RUUTINE !?t\SSl'ORT l\PPt . lCA'l'lONS FOR NATIVE BORN Cl'l'lX,gNS

    (lVITII OR l'JJ:1'HOU1' BIRTII CSRTU'lCl\l'l':S OR PIiOTOSTlIl'lCCO!'U:S OF BIRTH CERTIFICATES , ~ ' r T l \ C H E D l

    - \ lOUn, 'E RENEvll\L l\PPLICA'I'lONS ROUTINE: l\PPLIChTlONS FOR PASSrOR1'S ['OR Ni';TrVE BORN

    CITIZENS VJHER PREVIOUS PASSPORT USED AS EVIDENCBUNCLM1SI1"IBD

    S'l'J\TE 036116-cormr::SPONDENCE OF NON-CITIZENSHIP" NATURE C ~ . A R G E - O U T SHEETS 8EFORE 1969,5. C U f ~ R E N T STA'l'U!-J.RECORns DATING FROM 1,PR1L 1925 THROUGfi NOVEHBER 1961 lllWEBEEN PURGED, l'BE PROJBCT STAPP IS CURRENTLY WORKING ONR ~ C O R D S D l \ ' l ~ E D OECSl'1BER 1961 - D B C E ~ 1 B E R 1965 . THE FILEPURGE PNOJEC"l' WILL, C O N T I N U J ~ THROUGH YSI\.R 1% 8 ' S RECOHDS.POS'l'S SHOU! .D 8E J\\1l\.RE: '!'HAT PASSPOl('l' APPLICATIONS _LIS'!'[!;DP A R . ~ 1 DATING l--ROI1 bPRIJ., J.925 THROUGH NOVEMBER 1961 NOLONGER EXIST. RECORDS DATED r-d!1'BR 1968 NILL BE RETAINEDUNDER TilE CURRI'N'J' lS/:,O-YEAR DISPOSAL SCHEDUl"E, I\!,L1925 1. 966 RECORDS I ~ I S ' l ' E D IN PARA 3 ABOVE {l}XLl; CONTiNUETO BE lIVbIL"m,E UPON REQUEST, SHULTZUNCLASSTFIED.: < END OF D O C O N l ~ N T

    UNCLASSIFIED

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    DOS FOIA APPEAL #200900535

    EXHIBIT3

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    EXHIBIT 2

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    Butterdezillions note: The documents released are included on Scribd but are

    redacted here for space concerns.

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    (BUTTERDEZILLION NOTE: ENLARGED TO SHOW DETAIL)

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    DOS FOIA APPEAL #200900535

    EXHIBIT4

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    U.S. Department of State Records Schedule

    Chapter 13: Passport Records

    Requests for Authorization

    Disposition: Destroy when 1 year old. (ref. NC1-59-77-17)

    DispAuthNo: N1-59-04-2, item 6

    A-13-001-06

    Description: Communications between the passport agencies and Passport Services requestingauthorization from the Department to issue or extend passports, granting suchauthorizations, and forwarding applications. These communications are routine innature and not a part of the individual case file.

    Date Edited: 3/2/2006

    Authorizations for a No-Fee Passport

    Disposition: Destroy when 4 years old. (ref. N1-59-96-5, item 7)

    DispAuthNo: N1-59-04-2, item 7

    A-13-001-07

    Description: Original copies of requests from other government agencies for renewal,modification, or amendment of an existing no fee passport (not original issue).

    Date Edited: 3/2/2006

    Blank Passport Correspondence and Receipts File

    Disposition: Destroy when 2 years old. (ref. N1-59-96-5, item 8)

    DispAuthNo: N1-59-04-2, item 8

    A-13-001-08

    Description: Consists of receipts for passports, certificates and cards of identity and registration;correspondence between the Department, posts and passport agencies on therequisitioning, forwarding and receipting of blank passports; reports of the numberof blank passports on hand, together with inclusive serial numbers; reports onmutilated passports; correspondence regarding the transfer of blank passports fromone post to another; other routine correspondence on the maintenance andaccounting of an adequate supply of passports at the post or agency.

    Date Edited: 3/2/2006

    General Passport Correspondence

    Disposition: Destroy when 1 year old. (ref. N1-59-96-5, item 9)

    DispAuthNo: N1-59-04-2, item 9

    A-13-001-09

    Description: Correspondence pertaining to such matters as requests for passports, routineexplanations of the legal restrictions on the issuance of passports, requests forinformation regarding the availability and cost of transportation, with replies thereto,subject to Freedom of Information and Privacy Act protection.

    Date Edited: 3/2/2006

    Routine Requests

    Disposition: Destroy when reply is made. (ref. N1-59-96-5, item 10)

    DispAuthNo: N1-59-04-2, item 10

    A-13-001-10

    Description: Requests for application blanks, copies of passport rules and regulations, visaregulations, and other travel information.

    Date Edited: 3/2/2006

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    DOS FOIA APPEAL #200900535

    EXHIBIT5

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    U.S. Department of State Records Schedule

    Chapter 13: Passport Records

    Passport Records

    Passport Case Files - Passport and Citizenship Case Files, 1925-1970.

    Disposition: Permanent. Transfer to the National Archives when 50 years old.

    DispAuthNo: NC1-59-79-12, item 2a

    A-13-001-

    01a(1)

    Description: a. Case files containing one or more of the following types of records: passportapplications; Reports of Birth of American Citizens Abroad; Certificates of Witnessto Marriage; Applications for Amendment or Extension of Passport; Certificates ofLoss of Nationality; and other supporting forms, documents and correspondencepertaining to each case.

    (1) Reports of Birth of American Citizens Abroad, Certificates of Witness toMarriage, Certificates of Loss of Nationality, and Oaths of Repatriation.

    Date Edited: 2/24/2009

    Passport Case Files - Passport and Citizenship Case Files, 1925-1970.

    Disposition: Destroy when 100 years old. (Supersedes NN 165-119, item 1)

    DispAuthNo: NC1-59-79-12, item 2b

    A-13-001-01a(2)

    Description: a. Case files containing one or more of the following types of records: passportapplications; Reports of Birth of American Citizens Abroad; Certificates of Witnessto Marriage; Applications for Amendment or Extension of Passport; Certificates ofLoss of Nationality; and other supporting forms, documents and correspondencepertaining to each case.

    (2) All other records.

    Date Edited: 2/24/2009

    Passport Case Files - Passport Case Files, 1978-1982.

    Disposition: Transfer to WNRC in quarterly accumulations after it has been determined thatthe microfilm copies have been made in accordance with GSA and NARAregulations and are adequate substitutes for the paper records. Destroy when 15

    years old.

    DispAuthNo: NC1-59-79-12, item 1a

    A-13-001-01b(1)

    Description: b. Consist of passport applications with photograph attached; applications foramendment or extension of passports; and related correspondence.

    (1) Paper records that have been microfilmed (beginning in 1978).

    Date Edited: 2/24/2009

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    DOS FOIA APPEAL #200900535

    EXHIBIT6

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    Exhibit3SADDOSFOIAAppealPage1of8

    FRC Unscheduled Records FAQs from the NARA Website

    In order to transfer unscheduled records to an FRC, agencies must:

    Inform NARA's Life Cycle Management Division (NWML) in writing prior

    to the transfer. This can be done by sending NWML a copy of

    the SF 135 submitted for FRC approval before transferring the

    unscheduled records to the FRC. Be sure to include on the SF 135

    the date you notified NWML, or include the number of a pending SF

    115, Request for Disposition Authority. NWML's address is: 8601

    Adelphi Road, Room 2200, College Park, MD 20740.

    Include the official series title (if applicable) or a general descriptive

    title for the records in item 6(f): series description on the SF 135.

    Include a folder title list of the box contents or equivalent detailed

    records description. This description can be listed under item 6(f):

    series description or included as an attachment.

    Indicate "U" for unscheduled records under item 6(i) disposal date on

    the SF 135.

    See 36 CFR 1228.152 and 154, Code of Federal Regulations

    Part 1228 -- Disposition of Federal Records

    Subpart I -- Transfer of Records to Records Storage Facilities

    Part 1228, Subpart I was last amended on 1/14/05.

    1228.150 Where can a Federal agency transfer records for storage?

    1228.152 Under what conditions may Federal records be stored in

    records storage facilities?

    1228.154 What requirements must an agency meet when it transfers

    records to a records storage facility?

    1228.156 What procedures must an agency follow to transfer

    records to an agency records center or commercial records storage

    facility?

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    Exhibit3SADDOSFOIAAppealPage2of8

    Subpart I -- Transfer of Records to Records Storage Facilities

    1228.150 Where can a Federal agency transfer records for

    storage?

    Federal agencies may store records in the following types of records

    storage facilities, so long as the facilities meet the facility standards

    in subpart K of this part. Records transferred to a records storage

    facility remain in the legal custody of the agency.

    (a) NARA records centers. NARA owns or operates records centers

    for the storage, processing, and servicing of records for Federal

    agencies under the authority of 44 U.S.C. 2907. These NARA records

    centers include a National Personnel Records Center which contains

    designated records of the Department of Defense and the Office of

    Personnel Management and other designated records pertaining to

    former Federal civilian employees. A list of NARA records centers is

    available from the NARA web site

    (http://www.archives.gov/locations/) and also in the U.S.

    Government Manual, which is for sale from the Superintendent of

    Documents, U.S. Government Printing Office, Mail Stop: SSOP,

    Washington, DC 20402-9328, and is available online

    (http://www.access.gpo.gov/nara).

    (b) Records centers operated by or on behalf of one or more Federal

    agencies other than NARA.

    (c) Commercial records storage facilities operated by private entities.

    1228.152 Under what conditions may Federal records be

    stored in records storage facilities?

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    The following chart shows what records can be stored in a records

    storage facility and the conditions that apply:

    Type of Record Conditions

    (1) Permanent records (i) Any storage facility that meets theprovisions of subpart K of this part.

    (2) Unscheduled records (i) Any storage facility that meets theprovisions of subpart K of this part.

    (ii) Also requires prior notification to

    NARA (see 1228.154(b)).

    (3) Temporary records(excluding Civilian Personnel

    Records)

    (i) Any storage facility that meets theprovisions of subpart K of this part.

    (4) Vital records (i) Storage facility must meet the provisionsof subpart K of this part and 36 CFR part1236.

    (5) Civilian Personnel Records (i) May only be transferred to NPRC, St.Louis as required by this part.

    1228.154 What requirements must an agency meet when it

    transfers records to a records storage facility?

    An agency must meet the following requirements when it

    transfers records to a records storage facility:

    (a) Ensure that the requirements of subpart K of this part are met.

    Special attention must be paid to ensuring appropriate storage

    conditions for records on non-paper based media (e.g., film,

    audio tape, magnetic tape), especially those that are scheduled

    for long-term or permanent retention, as those records

    typically require more stringent environmental controls (see 36

    CFR parts 1230 through 1234).

    (b) To transfer unscheduled records, notify NARA (NWML) in

    writing prior to the transfer. The notification must identify the

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    Exhibit3SADDOSFOIAAppealPage4of8

    records storage facility and include a copy of the information

    required by paragraph (c) of this section.

    (c) Create documentation sufficient to identify and locate files.

    (1) Such documentation must include for each individual records

    series spanning one or more consecutive years transferred to

    storage:

    (i) Creating office;

    (ii) Series title;

    (iii) Description (in the case of permanent or unscheduled

    records, the description must include a fo lder title list of the

    box contents or equivalent detailed records description);

    (iv) Date span;

    (v) Physical form and medium of records (e.g., paper, motion picture

    film, sound recordings, photographs or digital images);

    (vi) Volume;

    (vii) Citation to NARA-approved schedule or agency records

    disposition manual (unscheduled records must cite the date the

    agency notified NARA or, if available, the date the SF 115 was

    submitted to NARA);

    (viii) Restrictions on access if applicable;

    (ix) Disposition ("permanent," "temporary," or "unscheduled; SF 115

    pending");

    (x) Date of disposition action (transfer to the National Archives of the

    United States or destruction);

    (xi) Physical location, including name and address of facility; and(xii) Control number or identifier used to track records.

    (2) I n the case of permanent and unscheduled records,

    provide copies of such documentation to NARA and advise

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    Exhibit3SADDOSFOIAAppealPage5of8

    NARA in w riting of the new location w henever the records are

    moved to a new storage facility.

    (d) Ensure that NARA-approved retention periods are implemented

    properly and that records documenting final disposition actions

    (destruction or transfer to the National Archives of the United States)

    are created and maintained as required by 36 CFR 1220.36.

    (1) Retain temporary records until the expiration of their NARA-

    approved retention period and no longer, except as provided for in

    1228.54.

    (2) Transfer permanent records to the National Archives of the

    United States in accordance with 1228.260.

    (e) Provide access to appropriate NARA staff to records wherever

    they are located in order to conduct an evaluation in accordance with

    36 CFR 1220.50 or to process a request for records disposition

    authority.

    (f) Move temporary records that are subsequently reappraised as

    permanent to a facility that meets the environmental control

    requirements for permanent records in 1228.232 within one year of

    their re-appraisal, if not already in such a facility. (Paper-based

    permanent records in an existing records storage facility that does

    not meet the environmental control requirements in 1228.232(b)

    on October 1, 2009, must be moved from that facility no later than

    February 28, 2010.)

    1228.156 What procedures m u s t an agency follow to

    transfer records to an agency records center or commercial

    records storage facility?

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    Exhibit3SADDOSFOIAAppealPage6of8

    Federal agencies must use the follow ing procedures to

    transfer records to an agency records center or commercial

    records storage facility:

    (a) Agreements with agency records centers or contracts with

    commercial records storage facilities must incorporate the standards

    in subpart K of this part and allow for inspections by the agency and

    NARA to ensure compliance. An agency must remove records

    promptly from a facility if deficiencies identified during an inspection

    are not corrected within six months.

    (b) For temporary records, the agency must make available to NARA

    on request the documentation specified in 1228.154. For

    permanent records, the agency must transmit this documentation to

    NARA (NWML) no later than 30 days after records are transferred to

    the agency records center or commercial records storage facility. For

    unscheduled records, the agency must transmit the information to

    NWML with the SF 115 before the records are transferred as required

    by 1228.154(b).

    (c) Agencies must establish procedures that ensure that temporary

    records are destroyed in accordance with NARA-approved schedules

    and that NARA-approved changes to schedules, including the

    General Records Schedules, are applied to records in agency records

    centers or commercial records storage facilities in a timely fashion.

    Procedures must include a requirement that the agency records

    center or commercial records storage facility notify agency records

    managers or the creating office prior to the disposal of temporaryrecords unless disposal of temporary records is initiated by the

    agency.

    (d) Agencies must establish procedures to ensure that the agency

    records centers or commercial records storage facilities transfer

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    Exhibit3SADDOSFOIAAppealPage7of8

    permanent records to the National Archives of the United States as

    individual series spanning one or more years and in accordance with

    the provisions of 1228.272.

    (e) Agencies must ensure that records that are restricted because

    they are security classified or exempt from disclosure by statute,

    including the Privacy Act (5 U.S.C. 552a), or regulation are stored

    and maintained in accordance with applicable laws, executive orders,

    or regulations.

    (f) Agencies must ensure that disposable records, including

    restricted records (security classified or exempted from disclosure by

    statute, including the Privacy Act, or regulation), are destroyed in

    accordance with the requirements specified in 1228.58.

    (g) Agencies must ensure that emergency operating vital records, as

    defined in 36 CFR 1236.14, that are transferred to an agency records

    center or commercial records storage facility are available in

    accordance with 36 CFR part 1236.

    Unscheduled Records

    In order to transfer unscheduled records to an FRC, agencies

    must: In form NARA's Life Cycle Management Division

    (NWML) in writing prior to the transfer. This can be done by

    sending NWML a copy of the SF 135 submitted for FRC

    approval before transferring the unscheduled records to the

    FRC. Be sure to include on the SF 135 the date you notified NWML,

    or include the number of a pending SF 115, Request for Disposition

    Authority. NWML's address is: 8601 Adelphi Road, Room 2200,College Park, MD 20740.

    Include the official series title (if applicable) or a general descriptive

    title for the records in item 6(f): series description on the SF 135.

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    Exhibit3SADDOSFOIAAppealPage8of8

    Include a folder title list of the box contents or equivalent detailed

    records description. This description can be listed under item 6(f):

    series description or included as an attachment.

    Indicate "U" for unscheduled records under item 6(i) disposal date

    on the SF 135.

    See 36 CFR 1228.152 and 154, Code of Federal Regulations

    (www.archives.gov/about/regulations/part-1232.html)

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    DOS FOIA APPEAL #200900535

    EXHIBIT7

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    General InformationFRC ToolkitFRC Communications ArchiveBox AssemblyNARA Records Management GuidanceNARA Records Management Training

    ARCISLearn about ARCISARCIS FAQsSign up for ARCISGet training on ARCISARCIS Manual

    FormsSF 135: Records Transmittal & ReceiptOF 11: Reference RequestMore Forms

    Contact UsAccount RepresentativesLocal FRC DirectorsFind Your Local FRCE-mail FRC

    CIPSAccessing CIPSCIPS User ManualCIPS Registration Form

    Preparing the Standard Form 135 (SF 135), Records Transmittal and Receipt

    General Instructions for Suitland (WNRC)Items to be Completed by Federal Agencies:Item 1: Complete the e-mail Address: [email protected] 2: Original signatures, if required by your agency, should be included on a copy of the SF 135 placed in the first box of the shipment.Item 3: Provide the name and commercial telephone number, including area code, of the person to contact concerning the records. An e-mail address is also required so the approved SF-135can be returned by e-mail.Item 5: Please provide the complete mailing address for the office retiring the records.Item 6: (a) The NARA record group number assigned to the records of the agency making the transfer and (b) the last two digits of the current fiscal year.Item 6: (c) In most centers, regional staff assign a sequential number in this column. At WNRC, agency records officers typically control and assign transfer numbers, except to some militaryagencies.Item 6: (d) For transfer and billing purposes, a standard-size box equals one cubic foot.Item 6: (e) Agency box numbers column can be used to indicate the inclusive range of numbers (e.g., 1-30).Item 6: (f) - The Series Description should describe the records in sufficient detail to allow records center personnel to verify compliance with your records schedule. A completeseriesdescription includes the closing date (or inclusive dates) of the records. Include the organizational component that created the records when it is other than that shown in item 5. Item 6(f)should include a detailed box-by-box listing, if the records are scheduled for permanent retention, unscheduled, or if disposition instructions indicate sampling or screening of records isnecessary. You must indicate if the series of records is Subject to the Privacy Act. Since SFs 135 are public records, information included on SFs 135 should not be subject to the PrivacyAct.Stratified Report Invoicing: For agencies participating in Stratified Report Invoicing a caret (^) followed by a valid two digit charge code must be placed at the beginning of the seriesdescriptions.Special description requirementsapply for certain records and should be stated in item 6f:Site Audit Records: State "GAO Site Audit" if the records have been so designated by the General Accounting Office and indicate whether the site audit records do or do not pertain to NativeAmericans.Non-paper based Records: These are other than paper records, such as microfilm, engineering drawings (because of the special format), etc.Item 6: (g) - Restriction: complete this section using one of the following codes:

    Code Restriction

    Q Security classification

    T Top Secret security classification

    S Secret security classification

    C Confidential security classification

    R Restricted use - witnessed disposal not required (specify in column (f))

    W Restricted use - witnessed disposal required (specify in column (f))

    N No restrictions

    Unclassified Privacy Act System Records- Code "W" should be used for unclassified Privacy Act System records. Explain any special restrictions at the bottom of the page, if needed.Restricted Data (RD) or Formerly Restricted Data (FRD) records- Please add "E" to designate Restricted Data (RD) or Formerly Restricted Data (FRD) records. This must be shown as well asthe appropriate classification (Top Secret, Secret, Confidential) set forth in EO 12356. These restriction codes apply to documents pertaining to National Security Information rather thaninformation of a proprietary nature.Sensitive Compartmented Information (SCI) records- Please add "SCI" to designate Sensitive Compartmented Information records. This must be shown as well as the appropriateclassification (Top Secret, Secret, Confidential) set forth in EO 12356. These restriction codes apply to documents pertaining to National Security Information rather than information ofproprietary nature.Vault-type Storage at Agency Request- Use "A" code for records that are not national security classified, but vault-type storage is being requested at an additional storage fee.

    Records Management Home Archives.gov Home

    FRC News & Events Contact FRC FRC Locations FRC Site Map

    Page 1 of 2SF 135 Instructions for WNRC

    1/20/2011http://www.archives.gov/frc/forms/sf-135-suitland-instructions.html

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    Archives.gov Home Contact the National Archives Privacy Policy Accessibility Freedom of Information Act No FEAR Act Top of Page

    Item 6: (h) - Cite the appropriate schedule identifier and item number in your agency records schedule, job number or the General Records Schedule (GRS). For accountable officers' records,cite the appropriate item from GRS 6. Also, use the General Records Schedules (36 CFR 1228.42) when dealing with records common to most offices such as contracts, civilian personnelrecords, travel and transportation records. Contact center staff for additional information.Unscheduled Record Series: Consistent with 36 CFR 1228.154(c )(vii), records centers can accept unscheduled record series that have a SF 115, Request for Records Disposition Authority,registered and pending with NARA's Life Cycle Management Division (NWML). Customer agencies should cite the pending job number and the date it was submitted to NARA and the seriesitem that corresponds to the transfers. The customer should type "pending" in block 6h.Also attach a copy of the pending job number with the SF 135.Item 6: (i) Follow the instructions on your record schedule to compute the disposition date. Because disposal is accomplished in quarterly cycles (i.e. January, April, July and October),advance the date to the beginning of the next calendar quarter to obtain the actual date of disposal. Permanent records are offered to NARA on an annual basis; no month is shown in thedisposition date field. Place "P" after the offer year.Items to be Completed by Records Center:Item s 4, 6j thru m.Specific Instructions for the MS Word Electronic SF 135Specific Instructions for the Electronic SF 135

    NOTE: You must have a full version of Adobe Acrobat in order to save the annotations made to this electronic form.

    PDF files require the free Adobe Reader.More information on Adobe Acrobat PDF files is available on our Accessibility page.Print this PageBookmark this PageE-mail this Page

    FRC Training

    Local Federal Records Centers offer training on FRC services (including transfer, disposition and reference procedures), either at records centers or onsite at agency facilities.

    Please contact your local FRC for more information.

    In addition, NARA's records management team offers a comprehensivecertification course for Federal employees on records management.

    Page 2 of 2SF 135 Instructions for WNRC

    1/20/2011http://www.archives.gov/frc/forms/sf-135-suitland-instructions.html

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    DOS FOIA APPEAL #200900535

    Exhibit8

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    Exhibit 6About the Federal Records Centershttp://www.archives.gov/frc/about.htmlCopy and pasted from website and underlined and bolded by Requestor in Microsoft Word.Nobody know s Federa l records bet te r than NARA's Federa l Records Centers Program. Since 1950, wehave safeauarded the nation's records. includina citizen tax returns. Official MilitaryPersonnel Folders, Dassoort a~~lications,nd TODSecret military records. Every day, NARA'sFedera l Records Centers de l iver on th e agency 's mis s ion to prov id e ready access to essent ia l ev idence.We are Federa l employees who proudly serve our Federa l cus tomers . We h elp cus tomers nav ig ate thein t r icac ies of Federa l regulat ions to ensure tha t the N at ion 's records are protec ted and re mainavai lab le for the i r scheduled l i fe .

    We ma in ta in f ac il i ti es t ha t a re f u l l y comp l ian t w i t h t ha t p ro tec t r eco rds f r om f ir e ,thef t , pes ts , water damage and natura l d isas ters .

    We pro v ide h igh-qual i t y , cos t -e f fec t ive s torage and serv ic ing o f records for ou r Federa lcus tomers .

    We a re deve lop ing s t a te -o f - t he -a r t t echno logy t o ensure t ha t we w i l l b e ab le t o con t inue t oserve Federa l agencies ' needs for e lec t ron ic records man age me nt in th e d ig i ta l era.

    Key statistics about the Federal Records Centers:17 facilities in 9 reaions throushout the United StatesTota l ho ld ings of 27 m i l l i on cub ic f ee t o f r eco rds13 mi l l ion re ference reques ts serv iced annual ly18,000 tons o f paper recyc led annual lyProfess ional s ta f f o f approx imate ly 1 ,100 Federa l employeesNear ly 400 Federa l agency cus tomers

    For mo re ~n fo rm at io n n the NARA Federa l Records Centers Program, p lease contac t us :Federa l Records CenterNat ional Archives86 01 Adelph i Road, Sui te 3600College Park, M D 20740Te lephone : 301-837-2950Fax : 301-837-1617E-ma i l :

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    DOS FOIA APPEAL #200900535

    Exhibit9

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    NARA - Washington National Records Center (WNRC)4205 Suitland RoadPrince George's CountySuitland, Maryland 20746(30 ) 778- 1 600

    Director: Alan Kramer, DirectorDepartment: (Independent)Parent Agency: National Archives and Records Administration (NARA)Employees: 90History: The Washington National Records Center was dedicated in 1966. It encompassesapproximately 789,000 square feet of space and has a capacity to hold over 3.9 million cubic feet offederal records.WNRC provides records management services to headquarters and field offices of federal agencieslocated in the District of Columbia, Maryland, Virginia and West Virginia. It also serves federal courtslocated in the Distric t of Columbia and armed forces worldwide.NARA is charged with preserving and documenting government and historical records and withincreasing public access to those documents. NARA is officially responsible fo r maintaining andpublishing the legally authentic and authoritative copies of acts of Congress, presidential proclamationsand executive orders, and federal regulations. The chief administrator of NARA, the Archivist of theUnited States, not only maintains the official documentation of the passage of amendments to the U.S.Constitution by state legislatures, but has the authority t o declare when the constitutional threshold forpassage has been reached, and therefore when an act has become an amendment.