April 12, 2017
VIA ELECTRONIC MAIL

Janice Kaye
Chief FOIA Officer
Office of the U.S. Trade Representative
Anacostia Naval Annex, Building 410/Door 123,
250 Murray Lane SW
Washington, DC 20509
FOIA@ustr.eop.gov
Re: Freedom of Information Act Request

Dear Ms. Kaye:
Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552 et seq. and the implementing
regulations of the Office of the U.S. Trade Representative (USTR), 15 C.F.R. Part 2004,
American Oversight makes the following request for records.
American Oversight promotes accountability in government through transparency, informing the
public’s right to know what the government is up to. With scores of new individuals joining the
government in key, senior positions, it is essential to understand who they are and the backgrounds
they bring to their work. Without such transparency, the public cannot have confidence that
government decisions are shaped by the interests of the American people, not personal or
professional allegiances.
Requested Records

American Oversight requests that USTR produce the following within twenty business days:
1. Records sufficient to identify all employees who entered into a position at the agency as
“political appointees” since January 20, 2017, and the title or position of each
employee (to the extent that such individuals have held multiple titles or positions since
January 20, 2017, identify each title or position). For purposes of this request, please
consider any employee in a PAS position, a presidentially-appointed position, a noncareer SES position, or a Schedule C position a “political appointee.”
2. Records sufficient to identify all career employees who have been detailed into a
leadership office or component front office since January 20, 2017; the title or position
of each employee while on detail (to the extent that such individuals have held multiple
titles or positions since January 20, 2017, identify each title or position); and each
employee’s originating agency or component, and title.

1030 15th Street NW, Suite B255, Washington, DC 20005   AmericanOversight.org

 3. Records sufficient to identify the members of the “beachhead teams” who joined the
agency at the beginning of the Trump administration, and the title or position of each
employee (to the extent that such individuals have held multiple titles or positions since
January 20, 2017, identify each title or position).
4. For each individual identified in response to requests 1 to 3:
a. The resume provided by the individual to the agency in connection with
determining the appropriate salary for the individual, or, if that is not available,
a recent resume contained within the agency’s records. We have no objection
to the redaction of contact information (addresses, telephone numbers, e-mail
addresses) for the employee or references, or to the redaction of past salary
information. Employment, education, and professional association information
is not exempt and we object to any redactions of such information.
b. Any conflicts or ethics waivers or authorizations issued for the individual,
including authorizations pursuant to 5 C.F.R. § 2635.502.
5. Records sufficient to identify the members of the “landing teams” or “transition teams”
who were embedded with the agency for transition purposes by the Trump transition
organization between the November 2016 election and the Trump administration.
Under the FOIA Improvement Act of 2016, agencies must adopt a presumption of disclosure,
withholding information “only if . . . disclosure would harm an interest protected by an exemption”
or “disclosure is prohibited by law.” If it is your position that any portion of the requested records
is exempt from disclosure, American Oversight requests that you provide an index of those
documents as required under Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415
U.S. 977 (1974). As you are aware, a Vaughn index must describe each document claimed as
exempt with sufficient specificity “to permit a reasoned judgment as to whether the material is
actually exempt under FOIA.” Moreover, the Vaughn index “must describe each document or
portion thereof withheld, and for each withholding it must discuss the consequences of disclosing
the sought-after information.” Further, “the withholding agency must supply ‘a relatively detailed
justification, specifically identifying the reasons why a particular exemption is relevant and
correlating those claims with the particular part of a withheld document to which they apply.’”
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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 it is your
position that a document contains non-exempt segments, but that those non-exempt segments are
so dispersed throughout the document as to make segregation impossible, please state what
portion of the document is non-exempt, and how the material is dispersed throughout the

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FOIA Improvement Act of 2016 § 2 (Pub. L. No. 114–185).
Founding Church of Scientology v. Bell, 603 F.2d 945, 949 (D.C. Cir. 1979).
King v. U.S. Dep’t of Justice, 830 F.2d 210, 223–24 (D.C. Cir. 1987) (emphasis in original).
Id. at 224 (citing Mead Data Central, Inc. v. U.S. Dep’t of the Air Force, 566 F.2d 242, 251 (D.C.
Cir. 1977)).
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document. Claims of nonsegregability must be made with the same degree of detail as required for
claims of exemptions in a Vaughn index. If a request is denied in whole, please state specifically
that it is not reasonable to segregate portions of the record for release.
You should institute a preservation hold on information responsive to this request. American
Oversight intends to pursue all legal avenues to enforce its right of access under FOIA, including
litigation if necessary. Accordingly, USTR is on notice that litigation is reasonably foreseeable.

To ensure that this request is properly construed, that searches are conducted in an adequate but
efficient manner, and that extraneous costs are not incurred, American Oversight welcomes an
opportunity to discuss its request with you before you undertake your search or incur search or
duplication costs. By working together at the outset, American Oversight and USTR can decrease
the likelihood of costly and time-consuming litigation in the future.
Where possible, please provide responsive material in electronic format by email or in PDF or
TIF format on a USB drive. Please send any responsive material being sent by mail to American
Oversight, 1030 15 Street NW, Suite B255, Washington, DC 20005. If it will accelerate release of
responsive records to American Oversight, please also provide responsive material on rolling basis.
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Fee Waiver Request

In accordance with 5 U.S.C. § 552(a)(4)(A)(iii) and 15 C.F.R. § 2004.9(h), American Oversight
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 public understanding of those operations. Moreover, the request is primarily and
fundamentally for non-commercial purposes.
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American Oversight 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 of
government operations. The disclosure of the information sought under this request will
document and reveal the operations of the federal government, including how officials conduct the
public’s business.
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Since January 20, 2017, the Trump administration has been appointing or assigning individuals to
play significant roles in shaping the agenda of every federal agency. Identifying who these people
are, and the background and perspectives that they bring to their jobs as federal employees, is
essential to informing the public regarding the operations and decisionmaking of the federal
government. In particular, only with clarity regarding the identity and background of these
appointees can the public make informed assessments regarding whether decisions might have
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Mead Data Central, 566 F.2d at 261.
15 C.F.R. § 2004.9(h)(1).
Id.
15 C.F.R. § 2004.9(h)(1)(i)-(ii).
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 been influenced by conflicts of interest among the decisionmakers and whether those employees
have personal or private interests affected by their policy actions. Disclosure of the requested
information will contribute to the public’s understanding of these aspects of the operation of the
federal government.
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This request is primarily and fundamentally for non-commercial purposes. As a 501(c)(3)
nonprofit, American Oversight does not have a commercial purpose and the release of the
information requested is not in American Oversight’s financial interest. American Oversight’s
mission is to promote transparency in government, to educate the public about government
activities, and to ensure the accountability of government officials. American Oversight will use the
information gathered, and its analysis of it, to educate the public through reports, press releases, or
other media. American Oversight will also make materials it gathers available on our public
website and promote the availability on social media platforms, such as Facebook and Twitter.
One example of American Oversight’s demonstrated public disclosure of documents and creation
of editorial content is in its recently launched “Audit the Wall” effort, where the organization is
gathering and analyzing information and commenting on public releases of information related to
the administration’s proposed construction of a barrier along the U.S.-Mexico border.
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Accordingly, American Oversight qualifies for a fee waiver.
Conclusion

We share a common mission to promote transparency in government. American Oversight looks
forward to working with USTR on this request. If you do not understand any part of this request,
have any questions, or foresee any problems in fully releasing the requested records, please contact
Cerissa Cafasso at foia@americanoversight.org or (202) 869-5246. Also, if American Oversight’s
request for a fee waiver is not granted in full, please contact us immediately upon making such a
determination.
Sincerely,

Austin R. Evers
Executive Director
American Oversight

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15 C.F.R. § 2004.9(h)(1)(iv).
American Oversight currently has over 10,400 page likes on Facebook, and over 14,500
followers on Twitter. American Oversight, FACEBOOK, https://www.facebook.com/weareoversight/
(last visited Apr. 12, 2017); American Oversight (@weareoversight), TWITTER (last visited Apr. 12,
2017).
Audit the Wall, AMERICAN OVERSIGHT, www.auditthewall.org.
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