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.
Sincerely,
/s/ James P. Cavavaugh
JAMES P. CAVANAUGH
Deputy Director of Policy
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