I got my response today to my FOIA request.
This letter is in response to your Freedom of Information Act (FOIA) request to the Transportation
Security Administration (TSA) dated August 23, 2018, seeking access to anything to do with the Quiet
Skies program as reported by the Boston Globe that you might be included in.
TSA can neither confirm nor deny whether an individual is on a Federal government Watch List
such as the Quiet Skies List, as this information is derived from classified and sensitive law
enforcement and intelligence information and revealing Federal government Watch List status
would be highly valuable to adversaries who seek to harm the United States using commercial
aviation. This protects the operational counterterrorism and transportation security objectives of
the Federal government. Federal Watch Lists remain effective tools in the government’s
counterterrorism and transportation security efforts because their contents are generally not
disclosed.
The Federal government Watch Lists include the No-Fly and Selectee Lists and the larger set of
watch lists maintained by the Federal government, including the Quiet Skies List, which
constitute “Sensitive Security Information” (SSI) under the governing regulations, which may be
found at 49 CFR § 1520.5(b)(9). SSI is expressly exempted from disclosure under 49 U.S.C. §
114(r) and the implementing regulation at 49 CFR § 1520.15(a).
Notwithstanding the Freedom of Information Act (5 U.S.C. § 552), the Privacy Act (5 U.S.C. §
552a), or any other laws, records containing SSI are not available for public inspection or
copying, nor does TSA release such records to persons without an official need to know under 49
CFR § 1520.11. Further, Exemption (b)(3) of the FOIA allows the withholding of records
specifically prohibited from disclosure by another Federal statute if the statute “requires that the
matters be withheld from the public as to leave no discretion on the issue.” 5 U.S.C. § 552(b)(3).
Accordingly, TSA can neither confirm nor deny the existence of records relating to individuals
named on any Federal government Watch List under 5 U.S.C. § 552(b)(3), 49 U.S.C. § 114(r)
and 49 CFR § 1520.15(a).