DOC_07083377.pdf

Approved for Release: 2025/06/10 C07083377 
UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLU1\/[BIA
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LARRY W. BRYANT, 
Plaintiff, 
ivil Action No.: 09-0940 (EGS) 
CENTRAL INTELLIGENCE AGENCY 
and LEON PANETTA, Director, CIA, 
~ 
Defendants. 
DECLARATION OF DELORES M. NELSON 
CENTRAL INTELLIGENCE AGENCY 
I, DELORES M. NELSON, hereby declare and say: 
1. 
I am the Chief, Public Information Programs Division, Information Management 
Services (“HVIS”), Office of the Chief Information Officer (“CIO”), Central 
Intelligence Agency (“CIA”). Since 21 April 2008, I also…

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Declassification Review programs in the CIA. These responsibilities include 
directing searches of CIA records systems pursuant to public requests for records 
under these programs and coordinating the reviews of any records retrieved in 
such searches. These review processes include undertaking any intra-agency and 
inter-agency coordination and referrals necessary in light of the information found 
in responsive records. In addition, my responsibilities include fee category and 
fee waiver determinations. 
4. As part of my official duties I ensure th…

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l 
a. “As pertain to the convening, attendance roster, briefings, minutes, and all 
other related documentation” of the “l987 special meeting at FAA 
headquarters in Washington, D.C., to discuss and evaluate...the intrusive UFO 
encounter experienced on Nov. 17, 1986, by the Japanese flight crew (No. 
1628) of a 747 cargo jet...in Alaskan sky.”
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b. “As pertain to all other similar cases of airborne UFO encounters reportedly 
occurring since Nov. 17, 1986, to date.” 
£6
u Plaintiff also stated that since he was submitting his request as a representati…

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was for duplication only, it was not affected by fee category.2 The letter further 
explained that requests for fee waivers3 must be considered under the standards 
that Agency regulations outlined at Part 1900 of Title 32 of the Code of Federal 
Regulations (C.F.R.). In accordance therewith, the CIA informed Mr. Bryant that 
because the information he sought was already in the public domain, and “its re- 
release would not likely contribute significantly to public understanding of the 
operations and activities of the United States Govemment”, his re…

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8. By letter dated October 3, 20084, Plaintiff appealed the CLA’s decision “to deny 
my FOIA request status as a representative of the news media” as regards request 
F-2008-01781. Plaintiff went on to state “By this appeal I hereby characterize my 
records-search-fee-waiver ‘request’ as a DEMAND” and cited 5 U.S.C. § 522 
“a(4)(A)(ii)(H), namely, ‘fees shall be limited to reasonable standard charges for 
document duplication when...the request is made by...a representative of the news 
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media. 
(A true and correct copy of Plaintiff’ s appeal req…

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2. 
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the CLA declined to accept Plaintiff’s fee waiver denial appeal.5 (A true and 
correct copy of CIA’s response to Plaintiff’s appeal request is attached hereto as 
Exhibit D.) 
On May 20, 2009, Plaintiff commenced this action, alleging that Defendant 
“failed to grant Plaintiff news media representative status”, “a fee waiver so as 
only to have to pay photocopying and reproduction fees,” (Compl., ‘l[‘I[ 9 and 10), 
and for the first time, Defendant “did not use the level of diligence and good faith 
to conduct a search.” (E, 
‘][ 12). 
By …

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6. 
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The CLA also informed Plaintiff that “CIA regulations governing administrative 
appeals provide that no appeal shall be accepted if the information in question is 
the subject of pending litigation in the federal courts.” (A true and correct copy of 
this letter is attached hereto as Exhibit F.) 
The CIA referred the three potentially responsive documents to the government 
agencies which originated the documents: Department of State and National
I 
Security Agency. 
II. CIA’S SEARCH FOR RESPONSIVE DOCUMENTS
' 
A. CIA‘Rec0rds Systems 
A
. …

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17. The DI is the CIA directorate that analyzes, interprets, and forecasts foreign 
intelligence issues and world events of importance to the United States. It is 
responsible for producing finished intelligencereports for dissemination to 
policymakers in the United States Government. Appropriately trained personnel 
regularly conduct FOLA and other searches of the DI records system as part of 
their normal duties. 
18. The DS&T is the CIA directorate that creates and applies technology to fulfill 
intelligence requirements. The DS&T also maintained r…