NSA FOIA Reply Letter Dated 14 July 1997
NATIONAL SECURITY AGENCY CENTRAL SECURITY SERVICE FORT GEORGE G. MEADE, MARYLAND 20755-6000
Serial J9632A-95 J9700A-96
Dale Goudie 14 July 1997 ! address deleted by CUFON ! Seattle WA 98XXX
Dear Mr. Goudie:
This responds to your Freedom of Information Act (FOIA) requests dated 8 October 1995 and 27 September 1996 and your follow-up 11 June 1997 letter wherein your requests were clarified as an NSA record pertaining to a Project Aquarius which was previously located by this Agency and withheld pursuant to the FOIA. You further explain in your 11 June letter that this withheld record was "referred to in the NSA/CSS FOIA reply letter to another requester, serial: J9014C-86 dated 15 April 1986."
The above referenced document has been reviewed by this Agency as required by the FOIA and has been found to be currently and properly classified in accordance with Executive Order 12958. The document meets the criteria for classification as set forth in subparagraphs (c) and (g) of Section 1.5 and remains classified SECRET as provided in section 1.3 of Executive order 12958. The document is classified because its disclosure could reasonably be expected to cause serious damage to the national security. Because the document is currently and properly classified, it is exempt from disclosure pursuant to the first exemption of the FOIA (5 U.S.C. section 552(b)(1)).
In addition, this Agency is authorized by various statutes to protect certain information concerning its activities. We have determined that such information exists in the document. Accordingly, those portions are also exempt from disclosure pursuant to the third exemption of the FOIA which provides for the withholding of information specifically protected from disclosure by statute. The specific statutes applicable in this case are Title 18 U.S. Code 798; Title 50 U.S. Code 403-3(c) (5); and Section 6, Public Law 86-36 (50 U.S. Code 402 note). No portion of this information is reasonably segregable.
Since your request has been denied, you are hereby advised of this Agency's appeal procedures. Any person denied access to information may, within 60 days after notification of the denial, file an appeal to the NSA/CSS Freedom of Information Act Appeal Authority. the appeal shall be in writing addressed to e NSA/CSS FOIA Appeal Authority (N5P5), 9800 Savage Road, STE 6248, National Security Agency, Fort George G. Meade, MD 20755-6248. The appeal shall reference the initial denial of access and shall contain, in sufficient detail and particularity, the grounds upon which the requester believes release of the information is required. The NSA/CSS Appeal Authority will respond to the appeal within 20 working days after receipt.
/s/ James P. Cavavaugh JAMES P. CAVANAUGH Deputy Director of Policy