DOE Calendars for Deputy Secretary Brouillette Covering September 2017 to December 2017

8.2 MB·English

by  Department of Energy

Department of Energy
Washington , DC 20585
DEC2 8 2018
Austin Evers
American Oversight
1030 15th Street, NW
Suite B255
Washington, DC 20005
Via e-mail: [email protected]
Re: HQ-2018-00200-F
Dear Mr. Evers:
This is a partial response to the request for information that you sent to the Department of
Energy (DOE) under the Freedom oflnfmmation Act (FOIA), 5 U.S.C. § 552. You requested
the following:
1. All calendars or calendar entries for any of the following
individuals between the date of January 20, 2017, to the date a
search is conducted, including any calendars maintained on behalf
of these individuals (e.g. by an administrative assistant or
scheduler):
a) Secretary Rick Peny
b) Dan Brouillette, Deputy Secretary
c) Brian McCormack, Chief of Staff
d) Deputy Chief of Staff to Brian McCormack
e) Frank G. Klotz, Under Secretary for Nuclear Security
Administrator (NNSA)
2. Any calendars maintained for the Secretary's Conference Room,
and the Deputy Secretary's Conference Room.
Your request was assigned to DOE's Office of Executive Secretariat (ES). ES started its search
on December 7, 2017, which is the cutoff date for responsive records. On August 20, 2018,
DOE sent you a partial response consisting of one (1) document. On October 3, 2018, DOE sent
you a second partial response consisting of one (1) document. On November 29, 2018, DOE
sent you a third paitial response consisting of two (2) documents. On November 30, 2018, DOE
sent you a fourth partial response consisting of one (1) document. On December 3, 2018, DOE
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sent you a fifth partial response consisting of one (1) document. On December 28, 2018, DOE
sent you a sixth pa1tial response consisting of five (5) documents.
At this time, ES has identified four (4) additional responsive documents. While these copies of
Deputy Energy Secretary Brouillette's calendars are responsive to your request, please note that
some of the meetings listed may not have occurred and/or individuals listed may not have
attended certain meetings. At the time of your request, these were the most updated copies of the
September, October, November, and December calendars . The documents are being provided to
you as described in the accompanying index.
Upon review, DOE has dete1mined that ce1tain infmmation contained within the documents
should be withheld pursuant to Exemptions 3, 5, 6, 7(C), and 7(E) of the FOIA, 5 U.S.C. §
552(b)(3), (b)(5), (b)(6), (b)(7)(C), and (b)(7)(E).
Exemption 3 protects from disclosure information "specifically exempted from disclosure by
statute (o ther than section 552(b) of this title), if that statute--(A)(i) requires that the matters be
withheld from the public in such a manner as to leave no discretion on the issue; or (ii)
establishes particular criteria for withholding or refers to particular types of matters to be
withheld[.]" The National Security Act of 1947, 50 U.S.C. § 3001, et seq ... , is one such statute
that falls within the coverage of Exemption 3. See CIA v. Sims, 471 U.S. 159, 167 (1985)
("Section 102(d)(3) of the National Security Act of 1947, which calls for the Director of Central
Intelligence to protect 'intelligence sources and methods,' clearly 'refers to paiticular types of
matters,' 5 U.S.C. § 552(b)(3)(B), and thus qualifies as a withholding statute under Exemption
3.").
The Act permits the redactions of both sensitive unclassified infmmation and classified
information, such as intelligence methodology and intelligence and counterintelligence personnel
involved in these activities. The information withheld under Exemption 3 consists of the names
of intelligence community personnel, the disclosure of which could reveal the nature of
intelligence activities.
Exemption 5 protects from mandatory disclosure "inter-agency or intra-agency memorandums or
letters that would not be available by law to a paity other than an agency in litigation with the
agency .... " Exemption 5 incorporates the deliberative process privilege which protects
recommendations, advice, and opinions that are part of the process by which agency decisions
and polices are formulated. The information withheld under Exemption 5 consists of intra
agency pre-decisional information.
Portions of the documents reflect deliberative discussions. The DOE may consider these
preliminai·y views as part of the process that will lead to the agency's final policy decision about
these matters. The withheld infmmation does not represent a final agency position, and its
release would compromise the deliberative process by which the government makes its
decisions. Thus, the info1mation is being withheld under Exemption 5 of the FOIA as pre
decisional material that is part of the agency's deliberative process.
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Exemption 6 is generally referred to as the "personal privacy" exemption; it provides that the
disclosure requirements of FOIA do not apply to "personnel and medical files and similar files
the disclosure of which would constitute a clearly unwarranted invasion of personal privacy." In
applying Exemption 6, the DOE considered: 1) whether a significant privacy interest would be
invaded; 2) whether the release of the information would further the public interest by shedding
light on the operations or activities of the Government; and 3) whether in balancing the privacy
interests against the public interest, disclosme would constitute a clearly unwarranted invasion of
pnvacy.
The information withheld under Exemption 6 consists of flight information and other travel
information, teleconference numbers and access codes, cell phone numbers, names of security
personnel, and personal matters of individuals and other personal information. This information
qualifies as "similar files" because it is infonnation in which an individual has a privacy interest.
Moreover, releasing the information could subject the individuals to unwarranted or unsolicited
communications. Since no public interest would be served by disclosing this information, and
since there is a viable privacy interest that would be threatened by such disclosure, Exemption 6
authorizes withholding the information. Therefore, we have determined that the public interest
in the information's release does not outweigh the overriding privacy interests in keeping it
confidential.
Exemption 7 protects from disclosure "records or information compiled for law enforcement
purposes" that fall within the purview of one or more of six enumerated categories. To qualify
under Exemption 7, the infmmation must have been compiled, either originally or at some later
date, for a law enforcement purpose, which includes crime prevention and security measures,
even if that is only one of the many purposes for compilation.
Exemption 7(C) provides that, "records of inf01mation compiled for law enforcement purposes"
may be withheld from disclosure, but only to the extent that the production of such documents
"could reasonably be expected to constitute an unwananted invasion of personal privacy .... " In
applying Exemption 7(C), DOE considered whether a significant privacy interest would be
invaded, whether the release of the info1mation would further the public interest in shedding
light on the operations or activities of the Government, and whether in balancing the privacy
interests against the public interest, disclosure would constitute unwarranted invasion of privacy.
The names withheld identify security personnel, including executive protection employees, travel
logistics, and personal information. These individuals have a significant privacy interest in their
identities, which, if known, could pose a serious safety risk to them or those to whom they are
providing protection, and may result in an unwarranted invasion of their privacy. This risk is
also extended to certain travel logistics, which, if known, may result in an unwananted invasion
of privacy and could reasonably pose a serious threat to that individual. Releasing the identities
of security personnel and ce1tain travel information would reveal little about the operations or
activities of the Government. Therefore, disclosure of this information could reasonably be
expected to constitute an unwarranted invasion of personal privacy.
Exemption 7(E) provides that, "records or information complied for law enforcement purposes"
may be withheld from disclosure, but only to the extent that the production of such documents
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"would disclose techniques and procedures for law enforcement investigations or prosecutions,
or would disclose guidelines for law enforcement investigations or prosecutions if such
disclosure could reasonably be expected to risk circumvention of the law."
The information withheld under Exemption 7(E) consists of secured conference room numbers.
That information was compiled for preventative law enforcement and/or security purposes to
prevent future illegal acts in the form of cyber security intrusions. Because the redacted portions
of the enclosed document contains information about DOE's investigative techniques that could
be used by an individual to obtain classified or sensitive infonnation on DOE networks without
authorization, we are withholding this information pursuant to Exemption 7(E).
This satisfies the standard set forth in the Attorney General's March 19, 2009, memorandum that
when a FOIA request is denied, agencies will be defended and justified in not releasing the
material on a discretionary basis "if ( 1) the agency reasonably foresees that disclosure will harm
an interest protected by one of the statutory exemptions, or (2) disclosure is prohibited by law."
The Attorney General's memorandum also provides that whenever full disclosure of a record is
not possible, agencies "must consider whether they can make a partial disclosure." Thus, we
have determined that, in ce1tain instances, a partial disclosure is proper. This also satisfies
DOE's regulations at 10 C.F.R. § 1004.1 to make records available which it is authorized to
withhold under 5 U.S.C. § 552 when it determines that such disclosure is in the public interest.
Accordingly, we will not disclose this info1mation.
Pursuant to 10 C.F.R. § 1004.7(b)(2), I am the individual responsible for the determination to
withhold the infmmation described above. The FOIA requires that "any reasonably segregable
portion of a record shall be provided to any person requesting such record after deletion of the
pmtions which are exempt," 5 U.S.C. § 552(b). As a result, a redacted version of the document
is being released to you in accordance with 10 C.F.R. § 1004.7(b)(3).
This decision may be appealed within 90 calendar days from your receipt of this letter pursuant
to 10 C.F.R. § 1004.8. Appeals should be addressed to Director, Office of Hearings and
Appeals, HG-1, L'Enfant Plaza, U.S. Department of Energy, 1000 Independence Avenue, S.W.,
Washington, D.C. 20585-1615. The written appeal, including the envelope, must clearly indicate
that a FOIA appeal is being made. You may also submit your appeal by e-mail to
[email protected], including the phrase "Freedom oflnformation Appeal" in the subject
line (this is the preferred method by the Office of Hearings and Appeals). The appeal must
contain all the elements required by 10 C.F.R. § 1004.8, including a copy of the determination
letter. Thereafter, judicial review will be available to you in the Federal District Comt either (1)
in the district where you reside, (2) where you have your principal place of business, (3) where
DOE's records are situated, or (4) in the District of Columbia.
You may contact DOE's FOIA Public Liaison, Alexander Morris, FOIA Officer, Office of
Public Information, at 202-586-5955, or by mail at MA-46/Fon-estal Building 1000
Independence Avenue, S.W., Washington , D.C. 20585, for any fu1ther assistance and to discuss
any aspect of your request. Additionally, you may contact the Office of Government
Information Services (OGIS) at the National Archives and Records Administration to inquire
about the FOIA mediation services they offer. The contact infmmation for OGIS is as follows:
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Office of Government Information Services, National Archives and Records Administration,
8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001, e-mail at [email protected];
telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769.
The FOIA provides for the assessment of fees for the processing ofrequests. See 5 U.S.C. §
552(a)(4)(A)(i); see also 10 C.F.R. § 1004.9(a). In our December 14, 2017 letter, you were
advised that your request was placed in the "other" category for fee purposes. Requesters in this
category are entitled to two free hours of search time and 100 free pages. In that same letter you
were granted a fee waiver. Thus, no fees will be charged for processing your request.
If you have any questions about this letter, you may contact me or Ms. Rachel Fellows of my
office at:
MA-46/Forrestal Building
1000 Independence Avenue, S.W.
Washington, D.C. 20585
[phone]
I appreciate the oppo1tunity to assist you with this matter.
Si[fu
Alex'ander C. Monis
FOIA Officer
Office of Public Information
Enclosures
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INDEX
Request#: HQ-2018-00200-F
Seventh Partial Response for request from Mr. Evers for:
1. All calendars or calendar entries for any of the following
individuals between the date of January 20, 2017, to the date a
search is conducted, including any calendars maintained on
behalf of these individuals (e.g. by an administrative assistant
or scheduler):
a) Sec1·etary Rick Perry
b) Dan Brouillette, Deputy Secretary
c) Brian McCormack, Chief of Staff
d) Deputy Chief of Staff to Brian McCormack
e) Frank G. Klotz, Under Secretary for Nuclear Security
Administrator (NNSA)
2. Any calendars maintained for the Secretary's Conference
Room, and the Deputy Secretary's Conference Room.
At this time, DOE's Office of the Executive Secretariat (ES) has identified four (4) additional
documents responsive to your request.
• One (1) document is being released, in part, pursuant to Exemptions 3, 5, 6, 7(CJ, and
7 (EJ. The information withheld under Exemption 3 consists of the names of intelligence
community personnel. The information withheld under Exemption 5 consists of intra
agency pre-decisional information. The information withheld under Exemption 6
consists of flight information and other travel info1mation, teleconference numbers and
access codes, cell phone numbers, and personal matters of individuals and other personal
infonnation . The information withheld under Exemption 7(C) consists of travel logistics.
The information withheld under Exemption 7(E) consists of secured conference room
numbers.
• One (1) document is being released, in part, pursuant to Exemptions 3, 6, 7 (CJ, and 7 (EJ.
The information withheld under Exemption 3 consists of the names of intelligence
community personnel. The information withheld under Exemption 6 consists of flight
information and other travel information , teleconference numbers and access codes, cell
phone numbers, and personal matters of individuals and other personal information . The
information withheld under Exemption 7(C) consists of travel logistics . The infmmation
withheld under Exemption 7(E) consists of secured conference room numbers.
• Two (2) documents are being released, in part, pursuant to Exemptions 5, 6, 7( CJ, and
7 (E). The information withheld under Exemption 5 consists of intra-agency pre
decisional information. The infmmation withheld under Exemption 6 consists of flight
information and other travel information, teleconference numbers and access codes, cell
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phone numbers, names of security personnel, and personal matters of individuals and
personal information. The information withheld under Exemption 7(C) consists of the
names of security personnel, including executive protection employees, and travel
logistics. The info1mation withheld under Exemption 7(E) consists of secured conference
room numbers.
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S2 Schedule
8:20 AM - 8:40 AM Update from Bernie -- S2 office
(b)(7)(E)
8:30 AM - 9:00 AM IN Da 1• 1 y --
9:00 AM - 9:20 AM ECPA Final Follow-up -- S2 Conference Room
(b)(7)(E)
9:30 AM - 10:00 AM DSG P rep -- t
(?)(E)
10:10 AM - 10:55 AM Chile security briefing -- (b)
11:20 AM - 11:50 AM Call-Anne White
11:30 AM - 6:00 PM PT
1:00 PM - 2:00 PM Return calls
HT 1
DOE-17-0499-G-000001
S2 Schedule
7:45 AM - 8:15 AM IN Daily -- (b) (?)(E)
1:00 PM - 2:00 PM Return calls
~~"~~rn~~:r..~i . \:t;\;:..
[ 20_1. 1. ·/: ..
_Tuesaay , · ,. . · , ,. ·. .
7:00 AM · 9:00 AM Meet (b) (6) at the (b) (6) for transportation to the airport
-- Departure time from (b) (6) TBD
(b) (6), (b) (7)(C) Arrive Regan Airport, prepare for departure
(b) (6), (b) (7)(C) Depart Regan (DCA} on to Chicago
(b)(G). (b)(?J<Cl
Depart Regan, Eastern Standard Time
Arrive Chicago, Central time DC-1
(b) (6), (b) (7)(C) Layover in Chicago O'Hare
(b) (6), (b) (7)(C) Depart Ch•i cago O'Hare on (b)(6), (b) (7KC) to Denver
International Airport
Depart Chicago O'Hare Central n me DC-1
Arrive Denver, Mountain Time DC 2
1:00 PM - 2:00 PM Return calls
2:30 PM - 3:00 PM Move through Denver Airport , Pick up rental car -- Avis
Rental Car
Pick up rental car
Avis Rental Car
Confirmatio n#: 37778289US3
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DOE-17-0499-G-000002
S2 Schedule
3:00 PM - 4:30 PM Drive to (b) (5)
(b) (6)
(b)(6)
Jim and Dan travel together
4:30 PM - 5:45 PM Executive Time (b) (5)
5:45 PM - 6:00 PM Shuttle Bus to (b} (6)
(b)(6)
Busses begin at 5:45 and run continuously until 9:30
Run betwee n (b) (6)
6:00 PM - 9:00 PM Welcome Reception and Dinner (b) (6)
9:00 PM - 9:15 PM Return to (b) (6)
Return on the same shuttle going from (b) (6)
S~p~e_m~~{ 6;_2017
Wedriesda '·=::"· ·
• (b) (7)(E)
7:45 AM - 8:15 AM IN Da l 1y --
8:00 AM - 8:30 AM Executive Committee Breakfast -- West Ballroom A/B
Will attend the last 30 minutes of the meeting to provide a summary of
full remarks to the Executive Committee
8:30 AM - 9:30 AM Speaking Event -- Rocky Mountain A/B
Give 15 20 minute remarks (in book) with approximately 10 minutes of
Q&A
9:30 AM - 10:00 AM Check-out and prepare to depart hotel
(b}(6)
Drive back to Denver International Airport -- Denver
International Airport, 8500 Pena Blvd, Denver, CO 80249
(b) (6)
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DOE-17-0499-G-000003