OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE WASHINGTON, DC March 28, 2023 Brad Moss The James Madison Project 1250 Connecticut Avenue, NW Suite 700 Washington, DC 20036 Re: Litigation 22-cv-00674 | ODNI FOIA Case DF-2022-00138 Mr. Moss, This letter is in response to your Freedom of Information Act (FOIA) request, dated 03 February 2022 and received by the Information Management Office (IMO) on 04 February 2022 (Enclosure 1), in which you requested “… a copy of the UHI Assessment in its entirety.” Your request was processed in accordance with the FOIA, 5 U.S.C. § 552, as amended. This response addresses the processing of the one (1) document responsive to your aforementioned request. Upon review, we have determined that this document is being released to you in part (Enclosure 2; Bates Pages: 22-cv-00674 (DF-2022-00138) 000001 – 000147), pursuant to the following FOIA exemptions: x
(b)(1), which applies to information that is currently and properly classified pursuant to Executive Order 13526, Sections 1.4(c), 1.4(d), 1.4(e), and 1.4(g);
x
(b)(3), which applies to information exempt from disclosure by statute, and, in this case, specifically the National Security Act of 1947, as amended, statutes 50 U.S.C. § 3024(i) and 50 U.S.C. § 3024(m), which protect intelligence sources and methods and identifying information of ODNI personnel, respectively; and
x
(b)(6), which applies to information, the release of which would clearly constitute an unwarranted invasion of personal privacy.
The Department of Energy and the Department of Homeland Security each withheld information pursuant to FOIA exemption (b)(6); the Defense Intelligence Agency and the Intelligence and Security Command each withheld information pursuant to FOIA exemptions (b)(1) and (b)(3); the Central Intelligence Agency withheld information pursuant to FOIA exemptions (b)(3) and (b)(6); the Department of Defense withheld information pursuant to FOIA exemptions (b)(1), (b)(5), and (b)(6); the Department of State whithheld information pursuant to FOIA exemptions (b)(1), and (b)(5); the National Security Council withheld information pursuant to FOIA exemption (b)(5); and the Federal Bureau of Investigation withheld information pursuant to FOIA exemptions (b)(1), (b)(3), (b)(6), (b)(7)(A), (b)(7)(C), and (b)(7)(E). x
(b)(3), which applies to information exempt from disclosure by statute, and, in this case, in addition to the aforementioned statutes, Section 6 of the Central Intelligence Agency Act of 1949, as amended, statute 50 U.S.C. § 3507;