From: Steven Aftergood [mailto:[email protected]] 
Sent: Tuesday, December 13, 2011 10:12 AM
To: [email protected]
Cc: 'Hogan, James CIV WHS/ESD'
Subject: Appeal of Initial Denial of FOIA Case 11-F-0539

Dear Mr. Hogan,

This is an appeal of the initial denial of my FOIA request (reference number 11-F-0539)
dated February 15, 2011 for a copy of documents indicating the amount of the Fiscal Year
2012 budget request for the Military Intelligence Program (MIP).  The request was denied
in its entirety by letter dated December 7, 2011 (copy attached).

The basis for my appeal is as follows.

I believe that the FY 2012 MIP budget request should be released because it is not properly

As evidence for this belief, I note that the FY 2012 budget request for the National
Intelligence Program (NIP) was disclosed by the Director of National Intelligence on
February 14, 2011:

No identifiable damage to national security was caused by the release of the NIP budget

From a classification policy perspective, there is no substantive difference between the
NIP and the MIP.  Each Program involves intelligence sources and methods requiring
protection, classified acquisition programs, and other sensitive and properly classified

Just as disclosure of the NIP budget request caused no damage to national security, it is
clear that disclosure of the MIP budget request would be likewise harmless.  At a minimum,
one may say that the DNI's disclosure of the NIP budget request creates "significant
doubt" about the need to classify the MIP budget request.  The President has directed that
"If there is significant doubt about the need to classify information, it shall not be
classified."  EO 13526, 1.1(b).

The MIP budget request is not properly classified under the terms of Executive Order 13526
since its disclosure would cause no damage to national security, and so it must be
disclosed upon request under the FOIA.

Thank you for your assistance.


Steven Aftergood

Steven Aftergood
Federation of American Scientists
1725 DeSales Street NW, Suite 600
Washington, DC  20036

email: [email protected]
voice: (202)454-4691