National Security Counselors

FOIA Requests

This is where we will publish copies of all FOIA requests made by NSC. For documents obtained via these requests, please click the Document Vault tab.

Note: Many of NSC's FOIA requests are made simultaneously to multiple agencies as part of an overall research strategy. These cross-agency requests are cataloged by theme and not agency.

Cross-Agency Requests:

Authorizations to Protect Intelligence Sources and Methods
- Central Intelligence Agency - Submitted 1-27-2012
- Office of the Director of National Intelligence - Submitted 9-27-2010
  - Received documents. Visit the Document Vault to review.

Central Intelligence Agency Petition for Removal from Interagency Security Classification Appeals Panel Jurisdiction
- Central Intelligence Agency - Submitted 12-11-2009
  - Part of a Mandatory Declassification Review request submitted jointly with the James Madison Project.
- Department of Justice - Submitted 12-11-2009
  - Mandatory Declassification Review request submitted jointly with the James Madison Project.
Congressional National Security Oversight Committees
- Central Intelligence Agency - Part I Part II Part III - Submitted 10-8-2009, 1-29-2010, Part II Closed 3-4-2010
  - Part II - Agency responded that FOIA analysts could not ascertain which records were being sought.
    - Agency maintains that NSC does not have the right to appeal its decision.
- Defense Intelligence Agency - Submitted 10-8-2009
- Office of the Director of National Intelligence - Submitted 10-8-2009

Contingency Plans for a "First Contact" Scenario
- Air Force - Submitted 5-13-2010
- Army - Submitted 5-13-2010
- Central Intelligence Agency - Submitted 5-13-2010
- Defense Intelligence Agency - Submitted 5-13-2010
- Department of State - Submitted 5-13-2010
- National Aeronautics and Space Administration - Submitted 5-13-2010
- Navy - Submitted 5-13-2010
- Office of the Secretary of Defense - Submitted 5-13-2010
- U.S. Strategic Command - Submitted 5-13-2010

Evaluations of Agency Records Management Programs
- Central Intelligence Agency - Submitted 2-8-2010
- Defense Intelligence Agency - Submitted 2-8-2010
- National Archives and Records Administration - Submitted 2-8-2010
  - Request for NARA evaluations of four agencies' programs.
  - Received documents. Visit the Document Vault to review.
- National Security Agency - Submitted 2-8-2010

FOIA and Mandatory Declassification Review Requests Referred to the Central Intelligence Agency by Other Government Agencies
- Central Intelligence Agency - Part I Part II Part III Part IV - Submitted 4-29-2010, 8-5-2010, 10-7-2010, Part I Closed 5-18-2010, Part II Closed 9-22-2010, Part III Closed 9-30-2010
  - Parts I-III - The CIA maintains that it can neither confirm nor deny the existence or nonexistence (called a Glomar response) of any requests that have been referred to it from other agencies because that information is classified. These requests are part of an effort to have this practice overturned in light of the fact that other agencies freely provide this information to requesters upon request.
  - Part IV - Mandatory Declassification Review request for the Glomar information.
- Department of Justice
  - National Security Division - Submitted 5-4-2010
    - Received documents. Visit the Document Vault to review.
  - Office of Information Policy - Submitted 5-4-2010, Closed 6-3-2010
    - Agency responded "no records found."
  - Office of Legal Counsel - Submitted 5-4-2010
- Federal Bureau of Investigation - Submitted 7-5-2010
  - Referral memos for five specified FOIA requests pertaining to intelligence matters.
- National Archives and Records Administration - Part I Part II - Submitted 5-3-2010, 9-22-2010, Part I Closed 6-14-2010
  - Agency initially provided complete FOIA and MDR logs without indicating which requests were referred. After consultation with NSC, agency agreed to process a more limited request, leading to the resubmission.
- Office of the Secretary of Defense - Submitted 5-4-2010, Closed 5-27-2010
  - Agency responded "no records found."

FOIA/PA Declarations and Vaughn Indices
- Central Intelligence Agency - Submitted 4-23-2010
- Department of Justice
  - Civil Division - Submitted 5-10-2010, Closed 7-9-2010
    - Request for FOIA/PA Declarations and Vaughn Indices for seven agencies.
    - Closed by mutual agreement after agency provided a list of cases handled by the Federal Programs Branch.
  - Executive Office of United States Attorneys - Submitted 5-11-2010
    - Request for FOIA/PA Declarations and Vaughn Indices for seven agencies.
- Department of State - Submitted 5-3-2010

FOIA/PA Request Processing Notes
- Central Intelligence Agency - Submitted 12-1-2009
  - Received documents. Visit the Document Vault to review.
- Defense Intelligence Agency - Submitted 12-1-2009
- Department of Justice
  - Office of Information Policy - Submitted 12-1-2009
  - Office of Legal Counsel - Submitted 12-1-2009
- Department of State - Submitted 10-16-2009
  - Request for blank copies of specific FOIA processing worksheets used by State Department FOIA analysts.
- Federal Bureau of Investigation - Submitted 12-1-2009
  - Received documents. Visit the Document Vault to review.
- National Security Agency - Submitted 12-1-2009
- Office of the Director of National Intelligence - Submitted 12-1-2009
  - Received documents. Visit the Document Vault to review.
- Office of the Secretary of Defense - Submitted 12-1-2009

FOIA/PA Training Materials
- Central Intelligence Agency - Submitted 2-6-2010
- Department of State - Submitted 2-6-2010
- National Security Agency - Submitted 2-6-2010
  - Received documents. Visit the Document Vault to review.
- Office of the Secretary of Defense - Submitted 2-6-2010
  - Received documents. Visit the Document Vault to review.

Foreign Intelligence Surveillance Act (FISA) Warrants
- Department of Justice - Submitted 2-9-2009, Closed 3-18-2010
  - Mandatory Declassification Review request transferred from the James Madison Project to NSC.
  - Agency responded that request was not specific enough.
- Federal Bureau of Investigation - Submitted 2-6-2009
  - In 2009 the FBI released to the James Madison Project a draft version of some of its written responses to questions posed in a House Judiciary Committee hearing. The FBI response to Question 25, which addressed inaccurate FBI declarations to the Foreign Intelligence Surveillance Court, was "The response to this inquiry is classified and is, therefore, provided separately." Therefore, JMP filed a request for the classified response, which it subsequently transferred to NSC.
  - Received documents. Visit the Document Vault to review.
- National Security Agency - Submitted 10-7-2009
- Office of the Secretary of Defense - Submitted 3-4-2009
  - Mandatory Declassification Review request transferred from the James Madison Project to NSC.

Historical FOIA Requests
- Central Intelligence Agency - Part I Part II Part III - Submitted 1-27-2010, 2-13-2010, Part I Closed 2-5-2010, Part II Closed 8-12-2010
  - Part I - Agency responded that FOIA analysts could not ascertain which records were being sought.
    - Agency maintains that NSC does not have the right to appeal its decision.
  - Part II - Agency responded that the records sought had been destroyed.
  - Part III - Request for three oldest FOIA logs and case files for ten oldest open FOIA requests.
- Defense Intelligence Agency - Submitted 6-4-2010
  - Request for fifty oldest open FOIA requests.
  - Received documents. Visit the Document Vault to review.

Implementation of FOIA Case Law
- Central Intelligence Agency - Submitted 8-18-2010
- Department of Justice
  - Civil Division - Submitted 8-18-2010, Closed 9-1-2010
    - Agency responded "no records found."
  - Executive Office of United States Attorneys - Submitted 8-18-2010
  - Office of Information Policy - Submitted 8-18-2010
- Department of State - Submitted 8-18-2010
- Federal Bureau of Investigation - Submitted 8-18-2010
- National Security Agency - Submitted 8-18-2010
- Office of the Secretary of Defense - Submitted 8-18-2010

Joint Suitability and Security Reform Team
- Office of the Director of National Intelligence - Submitted 10-19-2009
- Office of Management and Budget - Submitted 10-19-2009
  - Received documents. Visit the Document Vault to review.
- Office of Personnel Management - Submitted 10-19-2009
- Office of the Secretary of Defense - Submitted 10-19-2009

Legal and FOIA/PA Contractors
- Central Intelligence Agency - Submitted 4-21-2008
  - Request transferred from the James Madison Project to NSC. Agency refuses to recognize the assignment.
- Defense Intelligence Agency - Submitted 5-12-2008
  - Request transferred from the James Madison Project to NSC.
- National Geospatial-Intelligence Agency - Submitted 5-12-2008, Closed 7-28-2010
  - Request transferred from the James Madison Project to NSC.
  - Received documents. Visit the Document Vault to review.

Mandatory Declassification Review Materials
- Central Intelligence Agency - Submitted 4-23-2010
- Department of Justice
  - Office of Information Policy - Submitted 4-23-2010
- Office of the Secretary of Defense - Submitted 4-23-2010

Records Control Schedules for Central Intelligence Agency Privacy Act Records Systems
- Central Intelligence Agency - Submitted 9-29-2009
- National Archives and Records Administration - Submitted 1-8-2010
  - Received documents. Visit the Document Vault to review.

Records Control Schedules for Government-wide Privacy Act Records System OPM/GOVT-5
- Central Intelligence Agency - Submitted 10-7-2009, Closed 1-15-2010
  - Agency responded "no records found."
- Defense Intelligence Agency - Submitted 10-7-2009, Closed 12-10-2009
  - Received documents. Visit the Document Vault to review.
- National Archives and Records Administration - Submitted 10-8-2009, Closed 12-22-2009
  - Request for Records Control Schedules for seven intelligence agencies.
  - Received documents. Visit the Document Vault to review.

State Secrets Privilege Policies and Guidelines
- Central Intelligence Agency - Submitted 10-8-2009
- Department of Justice
  - Civil Division - Submitted 10-8-2009, Closed 12-17-2009
    - Agency responded "no records found."
  - Executive Office of United States Attorneys - Submitted 10-8-2009
    - Received documents. Visit the Document Vault to review.
  - National Security Division - Submitted 10-8-2009
  - Office of Information Policy - Submitted 10-8-2009
  - Office of Legal Counsel - Submitted 10-8-2009

Discrete Requests (by agency):

Central Intelligence Agency
- Agency Release Panel - Submitted 7-13-2010
- ARCINS Computerized Records Management System - Part I Part II Part III - Submitted 9-16-2010, 9-18-2010
  - Part I - Request for records pertaining to the ARCINS system.
  - Part II - Mandatory Declassification Review request for the ARCINS index.
  - Part III - Case study request for specific records located in the ARCINS system.
- CIA University Course Information - Submitted 3-14-2008
  - Request transferred from the James Madison Project to NSC. Agency refuses to recognize the assignment.
- Counterterrorist Operations Course Materials - Submitted 10-12-2010
  - Mandatory Declassification Review request for materials previously requested by the James Madison Project. The CIA originally closed the JMP request after determining that the records sought were "operational files."
- FOIA Processing Policies and Guidelines - Submitted 2-5-2009, Closed 12-23-2009
  - Request transferred from the James Madison Project to NSC. Agency refuses to recognize the assignment.
  - Agency responded "no records found."
- FOIA Requesters by Fee Category - Submitted 8-8-2010
  - Four separate requests, combined here for easy reading.
- Headquarters Handbook - Part I Part II - Submitted 9-16-2010, 10-2-2010
  - Mandatory Declassification Review requests.
- Information Management Services Search Tools and Indices - Submitted 1-26-2011
  - Request for the search tools and indices used by IMS to search its own records in response to information requests.
  - Received documents. Visit the Document Vault to review.
- Internal Personnel Regulations - Submitted 5-12-2010
  - Mandatory Declassification Review request.
- Leadership Analyses - Part I Part II - Submitted 5-13-2010, 7-5-2010, Part I Closed 6-23-2010
  - Part I - Agency responded that FOIA analysts could not ascertain which records were being sought.
    - Agency maintains that NSC does not have the right to appeal its decision.
  - Part II - Mandatory Declassification Review request for a list of all analytical reports.
- Mandatory Declassification Review Case Logs - Submitted 7-5-2010, Closed 7-29-2010
  - Received documents. Visit the Document Vault to review.
- Mandatory Declassification Review Initial Decisions - Submitted 7-6-2010
- Office of General Counsel Guidelines for Conduct of Civil Cases - Submitted 9-25-2009
- Original Editions of Manuscripts Submitted for Prepublication Review - Part I Part II - Submitted 8-18-2010
  - Part I - FOIA request for Fair Game by Valerie Plame Wilson.
  - Part II - Mandatory Declassification Review request for Gatekeeper by John Sullivan.
- Prolific FOIA Requesters - Submitted 7-5-2010, Closed 7-22-2010
  - Agency responded that the request would require an unreasonably burdensome search due to the configuration of its records systems.
    - Agency maintains that NSC does not have the right to appeal its decision.
- Risk Analyses on Recruitment of Agents from Terrorist Organizations - Submitted 4-12-2008
  - Request transferred from Kel McClanahan in his personal capacity to NSC. Agency refuses to recognize the assignment.
- Secret Ink - Submitted 12-11-2009
  - Part of a Mandatory Declassification Review request submitted jointly with the James Madison Project.
- Security Clearance Appeals - Submitted 5-12-2010
- State Secrets Privilege Affidavits for Three Cases - Submitted 10-8-2009
- Studies in Intelligence Tables of Contents - Submitted 5-12-2010
- Terrorism Review Issues - Submitted 3-14-2008
  - Request transferred from the James Madison Project to NSC. Agency refuses to recognize the assignment.
- Thirteen Studies in Intelligence Articles - Part I Part II Part III - Submitted 4-10-2008, 1-20-2010, 1-22-2010
  - Part I transferred from the James Madison Project to NSC. Agency refuses to recognize the assignment.
  - Received documents. Visit the Document Vault to review.
- Unreasonably Described FOIA Requests - Part I Part II Part III Part IV Part V Part VI - Submitted 1-27-2010, 3-12-2010, 5-4-2010, 5-4-2010, 8-5-2010, 9-22-2010, Part I Closed 3-9-2010
  - Part I - Agency responded that FOIA analysts could not ascertain which records were being sought.
    - Agency maintains that NSC does not have the right to appeal its decision.
  - Part V - Personal experience has suggested that one of the CIA's most often-cited reasons for refusing to process a FOIA request on the grounds that it "fails to reasonably describe the records sought" is if the request letter uses the words "related to," "relating to," or "pertaining to." CIA FOIA case logs from 2007-2008 use the words "related to" to describe the 25 FOIA requests for which correspondence was requested. We currently hypothesize that these correspondence records will show that most or all of these 25 requests were treated in the same manner.
  - Part VI - Based on the records received from Part II, we submitted a request for subsequent requests submitted by these same requesters, in hopes that their efforts to meet the CIA's "reasonable description" requirements will provide guidance for other requesters seeking to avoid this problem.
  - Received documents. Visit the Document Vault to review.
Defense Intelligence Agency
- Compliance with Intelligence Community Policy Memorandum 2006-700-3 - Submitted 11-6-2007
  - Request transferred from the James Madison Project to NSC.
- Personnel Special Security Background Investigation Procedures and Guidelines - Submitted 11-6-2007
  - Request transferred from the James Madison Project to NSC.
  - Received documents. Visit the Document Vault to review.
Department of Justice
- Executive Office of United States Attorneys
  - Office of Legal Education Course Materials for a FOIA Litigation Seminar - Submitted 10-5-2010
- Office of Information Policy
  - Index of Views Letters - Submitted 8-27-2010, Closed 9-28-2010
    - Agency responded "no records found" due to the fact that the office in charge of creating and maintaining the views letters does not keep track of them once they are written. Instead, the letters are inserted into files regarding particular legislation with no record of which files contain views letters.
- Office of Legal Counsel
  - FOIA/PA Opinions - Submitted 10-22-2009

Federal Bureau of Investigation
- Records Management Division Website - Submitted 10-15-2010
  - The Black Vault has obtained and posted a Records Management Overview training video that is very informative about FBI records management practices, and the video repeatedly and prominently touts this website as the ultimate source for information on this subject, leading to this request.
  - Received documents (but only 99 pages to date). Visit the Document Vault to review.

National Archives and Records Administration
- Agency Security Classification Management Program Data - Submitted 8-25-2010

Office of the Director of National Intelligence
- Intelligence Community Policy Documents Regarding Protection of Sensitive Compartmented Information and Intelligence Sources and Methods - Submitted 9-27-2010, Closed 10-5-2010
  - Mandatory Declassification Review request.
  - Agency responded "no records found" because these policy documents have not been drafted yet.

Office of Personnel Management
- Reports to the National Security Council on Agency Security Programs - Submitted 10-7-2010

Office of Special Counsel
- FOIA Investigations - Part I Part II - Submitted 5-25-2010, 6-9-2010, Part I Closed 6-4-2010
  - Request submitted jointly with the James Madison Project and James Gordon Meek of the New York Daily News.
  - Part I - Agency responded "no records found" because no judge has ever made the required recommendation to trigger an investigation under this rule.