NATlONAL SECURITY AGENCY 
CENTRAL SECURITY SERVICE
FORT GEORGE G. MEADE, MARYLAND 20755

Serial:  J9416A

Mr. Lee Tien
1452 Curtis Street
Berkeley, California 94702

Dear Mr. Tien:

This responds to your appeal of the "denial" of your request under the 
Freedom of Information Act (FOIA) for those portions of Military 
Cryptanalysis by William Friedman and Military Cryptanalytics by Lambros 
Callimahos not previously publicly available, particularly parts III and 
IV of the former work and parts III, IV, V and VI of the latter. Because 
the Director of Policy has not responded to your request, you are 
pursuing your administrative appeal rights.

The documents you seek consist of approximately 1000 pages. Please be 
advised that parts IV, V and VI of Military Cryptanalytics, while 
contemplated, were not written before Lambros Callimahos' death. I have 
been informed that administrative processing of your request is 
continuing and a partial response to your Request,  is expected within a 
month.

The FOIA provides that "[i]f the Government can show exceptional 
circumstances exist and that the agency is exercising due diligence in 
responding to the request, the court may retain jurisdiction and allow 
the agency additional time to complete its review of the records." 5 
U.S.C. ¤ 552(a)(6)(C). Courts have consistently stayed proceedings 
pending the outcome of administrative determinations of an FOIA request 
in similar instances involving large or complicated requests provided 
that the agency is exercising due diligence in processing requests. 
Please be assured that your request is being processed and the Director 
of Policy will respond to you as soon as he has completed his review.

Though you have appealed the denial of your request, the processing of 
your request has not progressed to a point where there have been any 
initial, substantive Agency determinations on the release or withholding 
of responsive records. Absent a reviewable Agency determination, there 
is not, as a practical matter, any effective relief I can afford you.

Accordingly, the FOIA permits you to treat this letter as a denial of 
your appeal, and you are hereby advised of your rights under 5 U.S.C. ¤ 
552 to seek judicial review of my determination. You may seek an order 
from the United States District Court in the district in which you 
reside, in which you have your principal place of business, in which 
this Agency's records are situated (U.S. District Court, District of 
Maryland) or in the District of Columbia for the production of 
information held by this Agency. Title 5 U.S.C. ¤ 552(a)(4)(B) sets out 
your rights in this matter with respect to such judicial action.

Sincerely,




ROBERT L. PRESTEL
Freedom of Information Act/Privacy Act
Appeals Authority