responsive documents crcl 12-002

8/3/2019 Responsive Documents CRCL 12-002

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Office for Civil Rights and Civil Liberties

U.S. Department of Homeland Security

Washington, DC 20528

[Date]

[Requester Name][Requester Title][Company Name][Address][City, State + Zip]

Re: [Case Number]

Dear [Mr./Ms.] [Requester Last Name]:

This acknowledges receipt of your [REQUEST DATE], Freedom of Information Act (FOIA)

request to the Department of Homeland Security (DHS) Office for Civil Rights and CivilLiberties (CRCL) for [DESCRIPTION OF REQUEST]. Your request was received in this officeon [RECEIVED DATE].

Due to the increasing number of FOIA requests received by this office, we may encounter somedelay in processing your request. Per Section 5.5(a) of the DHS FOIA regulations, 6 C.F.R. Part5, the Department processes FOIA requests according to their order of receipt. Although DHSgoal is to respond within 20 business days of receipt of your request, the FOIA does permit a 10-day extension of this time period. As your request seeks numerous documents that willnecessitate a thorough and wide-ranging search, DHS will invoke a 10-day extension for yourrequest, as allowed by Title 5 U.S.C. 552(a)(6)(B). If you care to narrow the scope of yourrequest, please contact our office. We will make every effort to comply with your request in atimely manner; however, there are currently [#] open requests ahead of yours.

OR

Due to the increasing number of FOIA requests received by this office, we may encounter somedelay in processing your request. Per Section 5.5(a) of the DHS FOIA regulations, 6 C.F.R. Part5, the Department processes FOIA requests according to their order of receipt. Although DHSgoal is to respond within 20 business days of receipt of your request, the FOIA does permit a 10-day extension of this time period. As the subject matter of your request is of substantial interestto two or more components of this Department or of substantial interest to another agency, wewill need to consult with those entities before we issue a final response. Due to these unusualcircumstances, DHS will invoke a 10-day extension for your request, as allowed by Title 5U.S.C. 552(a)(6)(B). If you care to narrow the scope of your request, please contact our office.We will make every effort to comply with your request in a timely manner; however, there arecurrently [#] open requests ahead of yours.

FOR COMMERCIAL REQUESTERS:


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Provisions of the Act allow us to recover part of the cost of complying with your request. Weshall charge you for records in accordance with the DHS Interim FOIA regulations as they applyto commercial requestors; i.e., you will be charged 10-cents per page for duplication and forsearch and review time at the per quarter-hour rate ($4.00, $7.00, $10.25) of the searcher andreviewer. [We will construe the submission of your request as an agreement to pay up to $25.00.

You will be contacted before any further fees are accrued.] OR [You stated in your request thatyou are willing to pay assessable fees up to $___. You will be contacted before any additionalfees are accrued.]

FOR MEDIA REQUESTERS:

Provisions of the Act allow us to recover part of the cost of complying with your request. Weshall charge you for records in accordance with the DHS Interim FOIA regulations as they applyto media requestors. As a media requestor you will be charged 10-cents a page for duplication,although the first 100 pages are free. [We will construe the submission of your request as anagreement to pay up to $25.00. You will be contacted before any further fees are accrued.] OR

[You stated in your request that you are willing to pay assessable fees up to $___. You will becontacted before any additional fees are accrued.]

FOR EDUCATIONAL REQUESTERS:

Provisions of the Act allow us to recover part of the cost of complying with your request. Weshall charge you for records in accordance with the DHS Interim FOIA regulations as they applyto educational requestors. As an educational requester you will be charged 10-cents a page forduplication, although the first 100 pages are free. [We will construe the submission of yourrequest as an agreement to pay up to $25.00. You will be contacted before any further fees areaccrued.] OR [You stated in your request that you are willing to pay assessable fees up to$___. You will be contacted before any additional fees are accrued.]

FOR OTHER REQUESTERS:

Provisions of the Act allow us to recover part of the cost of complying with your request. Weshall charge you for records in accordance with the DHS Interim FOIA regulations as they applyto non-commercial requestors. As a non-commercial requestor you will be charged 10-cents apage for duplication, although the first 100 pages are free, as are the first two hours of searchtime, after which you will pay the per quarter-hour rate ($4.00, $7.00, $10.25) of the searcher.[We will construe the submission of your request as an agreement to pay up to $25.00. You willbe contacted before any further fees are accrued.] OR [You stated in your request that you arewilling to pay assessable fees up to $___. You will be contacted before any additional fees areaccrued.]

We have queried the appropriate component of DHS for responsive records. If any responsiverecords are located, they will be reviewed and processed accordingly. Please be assured that one ofthe processors in our office will respond to your request as expeditiously as possible. Weappreciate your patience as we proceed with your request.


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Your request has been assigned reference number [Case Number]. Please refer to this identifierin any future correspondence. You may contact this office at 00.

Sincerely,

FOIA Officer


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U.S. Department of Homeland SecurityWashington, DC 20528

HomelandSecurity

[Date]


Re: DHS FOIA Case # [Case Number][Referring Agency] FOIA Case # [#]


This acknowledges receipt of your Freedom of Information Act (FOIA) request to the [ReferringAgency], dated [Request Date], and seeking [Description of Request]. While processing yourrequest, the [Referring Agency] located records that fall under the purview of the Department ofHomeland Security (DHS). Accordingly, your request and [#] pages of responsive records werereferred to this office for processing and direct response to you. Your request was received inthis office on [Received Date].

OPTIONAL:

Due to the increasing number of FOIA requests received by this office, we may encounter somedelay in processing your request. Per 5.5(a) of the DHS FOIA regulations, 6 C.F.R. Part 5, theDepartment processes FOIA requests according to their order of receipt. Although DHS goal isto respond within 20 business days of receipt of your request, the FOIA does permit a 10-dayextension of this time period. As the subject matter of your request is of substantial interest totwo or more components of this Department or of substantial interest to another agency, we willneed to consult with those entities before we issue a final response. Due to these unusualcircumstances, DHS will invoke a 10-day extension for your request, as allowed by Title 5U.S.C. 552(a)(6)(B). We will make every effort to comply with your request in a timelymanner; however, there are currently [#] open requests ahead of yours.


Provisions of the Act allow us to recover part of the cost of complying with your request. Weshall charge you for records in accordance with the DHS Interim FOIA regulations as they applyto commercial requestors; i.e., you will be charged 10-cents per page for duplication and forsearch and review time at the per quarter-hour rate ($4.00, $7.00, $10.25) of the searcher andreviewer. (We will construe the submission of your request as an agreement to pay up to $25.00.You will be contacted before any further fees are accrued.) OR (You stated in your request that


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www.dhs.gov

you are willing to pay assessable fees up to $___. You will be contacted before any additionalfees are accrued.)


Provisions of the Act allow us to recover part of the cost of complying with your request. Weshall charge you for records in accordance with the DHS Interim FOIA regulations as they applyto media requestors. As a media requestor you will be charged 10-cents a page for duplication,although the first 100 pages are free. (We will construe the submission of your request as anagreement to pay up to $25.00. You will be contacted before any further fees are accrued.) OR(You stated in your request that you are willing to pay assessable fees up to $___. You will becontacted before any additional fees are accrued.)


Provisions of the Act allow us to recover part of the cost of complying with your request. We

shall charge you for records in accordance with the DHS Interim FOIA regulations as they applyto educational requestors. As an educational requester you will be charged 10-cents a page forduplication, although the first 100 pages are free. (We will construe the submission of yourrequest as an agreement to pay up to $25.00. You will be contacted before any further fees areaccrued.) OR (You stated in your request that you are willing to pay assessable fees up to $___.You will be contacted before any additional fees are accrued.)


Provisions of the Act allow us to recover part of the cost of complying with your request. Weshall charge you for records in accordance with the DHS Interim FOIA regulations as they applyto non-commercial requestors. As a non-commercial requestor you will be charged 10-cents apage for duplication, although the first 100 pages are free, as are the first two hours of searchtime, after which you will pay the per quarter-hour rate of the searcher. (We will construe thesubmission of your request as an agreement to pay up to $25.00. You will be contacted beforeany further fees are accrued.) OR (You stated in your request that you are willing to payassessable fees up to $___. You will be contacted before any additional fees are accrued.)

Your request has been assigned reference number [Case Number]. Please refer to this identifierin any future correspondence. Please be assured that one of the processors in our office willrespond to your request as expeditiously as possible. You may contact this office at [TelephoneNumber]. Thank you for your patience as we proceed with your request.

Sincerely,

[Name of FOIA Officer][Official Title]


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HomelandSecurity

[Date]

[Requester Name]

[Requester Title]

[Company Name]

[Address][City, State + Zip]

Re: [Case Number]


This acknowledges receipt of your Freedom of Information Act (FOIA) request to the

Department of Homeland Security (DHS) Office for Civil Rights and Civil Liberties (CRCL),

dated [Request Date], and seeking [Description of Request]. Your request was received in thisoffice on [Received Date].

Upon initial review of your request, I have determined that the information you are seeking is

under the purview of the [Office/Component Name], a DHS component. Therefore, I amreferring your request to the FOIA Officer for [Office/Component Name], [FOIA Officer Name],

for processing and direct response to you. You may contact that office in writing at

[Office/Component Address] or via telephone at [Telephone Number].

If you need to contact this office again concerning your request, please refer to [Case Number].

This office can be reached at.

Sincerely,

FOIA Officer


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HomelandSecurity

www.dhs.gov

October 20, 2011

MEMORANDUM FOR: [FOIA Officer Name], [Title]

[Office/Component Name]

FROM:FOIA Officer

SUBJECT: [Case Number]

Attached is a Freedom of Information Act (FOIA) request received at the DHS/CRCL FOIA

Office on [Received Date]. The requester is seeking [Description of Request].

Upon review of the request, I have determined that, if such records exist, they would be under

your purview. Therefore, I am transferring this request to your office for action. Please responddirectly to the requester.

The requester has been notified of this transfer. A copy of the transmittal letter is attached.


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HomelandSecurity

PLEASE RETURN TO: U.S. Department of Homeland Security

[Component]

[Address]

Via Facsimile: [FAX NUMBER]

AFFIRMATION/DECLARATION

This is to affirm that

I, ___________________________________________________________________________,(PRINT FULL NAME)

request access to records maintained by the [DHS COMPONENT] which pertain to me. Mypresent address is:

_____________________________________________________________________________,

my date of birth is: ________________________________________, and

my place of birth was: ____________________________________________________.

I understand that any knowingly or willfully seeking or obtaining access to records about anotherperson under false pretenses is punishable by a fine of up to $5,000. I also understand that anyapplicable fees must be paid by me.

I hereby authorize __________________________________________access to my records.(PRINT FULL NAME)

I request that any located and disclosable records be forwarded to the following individual:

_____________________________________________________at the following address:(PRINT FULL NAME)

_____________________________________________________________________________

I hereby declare or certify under penalty of perjury that the foregoing is true and correct.

Executed on ________________________________.(DATE)

_______________________________________________________________.(SIGNATURE OF AFFIRMANT/DECLARANT)


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[DATE]

[FOIA REQUESTER]

[TITLE]

[COMPANY]

[ADDRESS][CITY, STATE + ZIP]

Re: [CASE NUMBER]

Dear [MR/MS.] [REQUESTER LAST NAME]:

This letter pertains to your [DATE], Freedom of Information Act (FOIA) request to the

Department of Homeland Security (DHS) Office for Civil Rights and Civil Liberties (CRCL),which sought [DESCRIBE REQUEST]. Your request was received in this office on

[RECEIVED DATE].

By letter, dated [DATE OF ACKNOWLEDGEMENT LETTER], we advised you that due to the

increasing number of FOIA requests received by this office, we could encounter some delay inprocessing your request. We sincerely apologize for the delay and any inconvenience it may

have caused. However, we want to let you know that we have been making earnest and diligent

efforts to reduce the backlog of cases, and that your file is scheduled to be reviewed in the near

future.

Before we begin the time-consuming review process, we want to ensure that you are still

interested in continuing the processing of this request. Please indicate your continued interest inpursuing these records within 30 days from the date of this letter, or we will assume you are no

longer interested in this FOIA request, and the case will be administratively closed.

If you have any questions regarding this matter, please refer to [CASE NUMBER]. We can be

reached at or by email at.

Sincerely,

.

FOIA Officer


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[DATE]

[FOIA REQUESTER NAME]

[TITLE]

[COMPANY][ADDRESS]

[CITY, STATE + ZIP]

Re: [CASE NUMBER]


This is the final response to your Freedom of Information Act (FOIA) request to the Departmentof Homeland Security (DHS) Office for Civil Rights and Civil Liberties, dated [DATE], in

which you requested [DESCRIBE REQUEST].

In a [VOICEMAIL/ EMAIL/ TELEPHONE CONVERSATION] to/with [DHS EMPLOYEE] of

my staff on [DATE], you withdrew your request, stating that you were no longer interested in theinformation requested.

This letter advises you that we have administratively closed your request file, and no fees will be

assessed.

If you have any questions, or would like to discuss this matter, please feel free to contact our

office at. Please refer to [CASE NUMBER] in all future correspondence with this office.

Sincerely,

.FOIA Officer

DHS/CRCL


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[DATE]

[REQUESTER NAME][REQUESTER TITLE][COMPANY NAME][ADDRESS][CITY, STATE + ZIP]

Re: [CASE NUMBER]

Dear [MR./MS.] [REQUESTER LAST NAME]:

This acknowledges receipt of your [REQUEST DATE] Freedom of Information Act (FOIA)request to the Department of Homeland Security (DHS), seeking [DESCRIPTION OFREQUEST]. Your request was received in this office on [RECEIVED DATE].

As it relates to your request for expedited treatment, your request is denied.

Under the DHS FOIA regulation, expedited processing of a FOIA request is warranted if therequest involves circumstances in which the lack of expedited treatment could reasonably beexpected to pose an imminent threat to the life or physical safety of an individual, 6 C.F.R. 5.5(d)(1)(i), or an urgency to inform the public about an actual or alleged federal governmentactivity, if made by a person primarily engaged in disseminating information, 6 C.F.R. 5.5(d)(l)(ii). Requesters that seek expedited processing must submit a statement explaining indetail the basis for the request, and that statement must be certified by the requester to be trueand correct. 6 C.F.R. 5.5(d)(3).

Your request for expedited processing is denied because you do not qualify for either category.You failed to demonstrate a particular urgency to inform the public about the governmentactivity involved in the request beyond the publics right to know about government activitygenerally. Your letter was conclusory in nature and did not present any facts to justify a grant ofexpedited processing under the applicable standards.

OR

Your request for expedited processing is denied because you do not qualify for either category.Clearly, the lack of expedited treatment in this case will not pose an imminent threat to the life orphysical safety of an individual. The sought information is retrospective and would have nobearing on the immediate or resultant future situations. In addition, you are not primarilyengaged in the dissemination of information to the public. You have not shown that you have theability to educate the public beyond [XXXXS] limited constituency, nor have you detailed with


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the requisite specificity why you feel there is an urgency to inform your limited audience aboutpast DHS actions. This urgency would need to exceed the publics right to know aboutgovernment activity generally. Finally, you did not offer any supporting evidence of publicinterest that is any greater than the publics general interest in [SUBJECT OF REQUEST].

OR

As it relates to your request for expedited treatment, your request is denied. Clearly, the lack ofexpedited treatment in this case will not pose an imminent threat to the life or physical safety ofan individual. While you may be primarily engaged in the disseminating of information, youhave not detailed with specificity why you feel there is an urgency to inform the public about[SUBJECT OF REQUEST]. This urgency would need to exceed the publics right to knowabout government activity generally. Nor did you offer any supporting evidence of an interest ofthe public that is any greater than the publics general interest in [SUBJECT OF REQUEST].One indicator of public interest on any topic can be gauged by the number of requests we receivefor information. To date, your request is the only one for information on [SUBJECT OF

REQUEST]. Another gauge of public interest is news coverage, and a preliminary search of theinternet does not indicate that there is substantial current news interest concerning this topic.

If you deem the decision to deny expedited treatment of your request an adverse determination, youmay exercise your appeal rights. Should you wish to do so, you must send your appeal and a copyof this letter within 60 days of receipt of this letter to: Associate General Counsel (General Law),U.S. Department of Homeland Security, Washington, D.C. 20528, following the proceduresoutlined in Subpart A, Section 5.9, of the DHS Regulations. Your envelope and letter should bemarked Freedom of Information Act Appeal. Copies of the DHS regulations are available at:www.dhs.gov/foia.


Provisions of the FOIA allow us to recover part of the cost of complying with your request. Weshall charge you for records in accordance with the DHS FOIA regulations as they apply tocommercial requestors; i.e., you will be charged 10-cents per page for duplication and for searchand review time at the per quarter-hour rate ($4.00, $7.00, $10.25) of the searcher and reviewer.[We will construe the submission of your request as an agreement to pay up to $25.00. You willbe contacted before any further fees are accrued.] OR [You stated in your request that you arewilling to pay assessable fees up to $___. You will be contacted before any additional fees areaccrued.]

FOR MEDIA/EDUCATIONAL REQUESTERS:

Provisions of the FOIA allow us to recover part of the cost of complying with your request. Weshall charge you for records in accordance with the DHS FOIA regulations as they apply tomedia requestors. As a media/educational requestor you will be charged 10-cents a page forduplication, although the first 100 pages are free. [We will construe the submission of yourrequest as an agreement to pay up to $25.00. You will be contacted before any further fees are


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accrued.] OR [You stated in your request that you are willing to pay assessable fees up to$___. You will be contacted before any additional fees are accrued.]


Provisions of the FOIA allow us to recover part of the cost of complying with your request. Weshall charge you for records in accordance with the DHS FOIA regulations as they apply to non-commercial requestors. As a non-commercial requestor you will be charged 10-cents a page forduplication, although the first 100 pages are free, as are the first two hours of search time, afterwhich you will pay the per quarter-hour rate ($4.00, $7.00, $10.25) of the searcher. [We willconstrue the submission of your request as an agreement to pay up to $25.00. You will becontacted before any further fees are accrued.] OR [You stated in your request that you arewilling to pay assessable fees up to $___. You will be contacted before any additional fees areaccrued.]

We have queried the appropriate component of DHS for responsive records. If any responsive

records are located, they will be reviewed for determination of releasability. Please be assured thatone of the processors in our office will respond to your request as expeditiously as possible. Weappreciate your patience as we proceed with your request.

Your request has been assigned reference number [Case Number]. Please refer to this identifierin any future correspondence. You may contact this office at [Telephone Number].

Sincerely,

[NAME OF FOIA OFFICER]

[OFFICIAL TITLE]


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HomelandSecurity

[DATE]

[REQUESTER NAME][TITLE][COMPANY][ADDRESS LINE ONE][ADDRESS LINE TWO]

Re: [CASE NUMBER]

Dear [MR. /MS.] [REQUESTER LAST NAME]:

This acknowledges receipt of your Freedom of Information Act (FOIA) request to theDepartment of Homeland Security (DHS), dated [DATE], and to your request for a waiver of allassessable FOIA fees. Your request was received in this office on [DATE]. Specifically, yourequested [DESCRIBE REQUESTED DOCUMENTS].

Due to the increasing number of FOIA requests received by this office, we may encounter somedelay in processing your request. Per Section 5.5(a) of the DHS FOIA regulations, 6 C.F.R. Part5, the Department processes FOIA requests according to their order of receipt. Although DHSgoal is to respond within 20 business days of receipt of your request, the FOIA does permit a 10-day extension of this time period. As your request seeks numerous documents that willnecessitate a thorough and wide-ranging search, DHS will invoke a 10-day extension for yourrequest, as allowed by Title 5 U.S.C. 552(a)(6)(B). If you care to narrow the scope of yourrequest, please contact our office. We will make every effort to comply with your request in atimely manner; however, there are currently [#] open requests ahead of yours.

OR

Due to the increasing number of FOIA requests received by this office, we may encounter somedelay in processing your request. Per Section 5.5(a) of the DHS FOIA regulations, 6 C.F.R. Part5, the Department processes FOIA requests according to their order of receipt. Although DHSgoal is to respond within 20 business days of receipt of your request, the FOIA does permit a 10-day extension of this time period. As the subject matter of your request is of substantial interestto two or more components of this Department or of substantial interest to another agency, wewill need to consult with those entities before we issue a final response. Due to these unusualcircumstances, DHS will invoke a 10-day extension for your request, as allowed by Title 5U.S.C. 552(a)(6)(B). If you care to narrow the scope of your request, please contact our office.We will make every effort to comply with your request in a timely manner; however, there arecurrently [#] open requests ahead of yours.


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www.dhs.gov

As it relates to your fee waiver request, I have reviewed your letter thoroughly and havedetermined that you have not presented a convincing argument that [REQUESTERORGANIZATION/ COMPANY NAME] is entitled to a blanket waiver of fees.

The DHS FOIA Regulations, 6 CFR 5.11(k)(2), set forth six factors to examine in determiningwhether the applicable legal standard for a fee waiver has been met. We will consider thesefactors in our evaluation of your request for a fee waiver:

(1) Whether the subject of the requested records concerns the operations or activities ofthe government;

(2) Whether the disclosure is likely to contribute to an understanding of governmentoperations or activities;

(3) Whether disclosure of the requested information will contribute to the understandingof the public at large, as opposed to the individual understanding of the requestor or anarrow segment of interested persons;

(4) Whether the contribution to public understanding of government operations oractivities will be "significant;"

(5) Whether the requester has a commercial interest that would be furthered by therequested disclosure; and

(6) Whether the magnitude of any identified commercial interest to the requestor issufficiently large in comparison with the public interest in disclosure, that disclosure isprimarily in the commercial interest of the requestor.

As a requester, you bear the burden under the FOIA of showing that the fee waiver requirementshave been met. Based on my review of your [DATE] letter and for the reasons stated herein, Ihave determined that your fee waiver request is deficient because [ENUMERATEFACTORS/PROVIDE REASONING]. Since your request for a fee waiver has failed to satisfyeach of the required factors, I am denying your fee waiver request.


Provisions of the Act allow us to recover part of the cost of complying with your request. Weshall charge you for records in accordance with the DHS Interim FOIA regulations as they applyto commercial requestors; i.e., you will be charged 10-cents per page for duplication and forsearch and review time at the per quarter-hour rate ($4.00, $7.00, $10.25) of the searcher andreviewer. [We will construe the submission of your request as an agreement to pay up to $25.00.You will be contacted before any further fees are accrued.] OR [You stated in your request thatyou are willing to pay assessable fees up to $___. You will be contacted before any additionalfees are accrued.]


Provisions of the Act allow us to recover part of the cost of complying with your request. Weshall charge you for records in accordance with the DHS Interim FOIA regulations as they applyto media requestors. As a media requestor you will be charged 10-cents a page for duplication,although the first 100 pages are free. [We will construe the submission of your request as anagreement to pay up to $25.00. You will be contacted before any further fees are accrued.] OR


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www.dhs.gov

[You stated in your request that you are willing to pay assessable fees up to $___. You will becontacted before any additional fees are accrued.]


Provisions of the Act allow us to recover part of the cost of complying with your request. Weshall charge you for records in accordance with the DHS Interim FOIA regulations as they apply

to educational requestors. As an educational requester you will be charged 10-cents a page forduplication, although the first 100 pages are free. [We will construe the submission of yourrequest as an agreement to pay up to $25.00. You will be contacted before any further fees areaccrued.] OR [You stated in your request that you are willing to pay assessable fees up to$___. You will be contacted before any additional fees are accrued.]


Provisions of the Act allow us to recover part of the cost of complying with your request. Weshall charge you for records in accordance with the DHS Interim FOIA regulations as they applyto non-commercial requestors. As a non-commercial requestor you will be charged 10-cents a

page for duplication, although the first 100 pages are free, as are the first two hours of searchtime, after which you will pay the per quarter-hour rate ($4.00, $7.00, $10.25) of the searcher.[We will construe the submission of your request as an agreement to pay up to $25.00. You willbe contacted before any further fees are accrued.] OR [You stated in your request that you arewilling to pay assessable fees up to $___. You will be contacted before any additional fees areaccrued.]

You have the right to appeal the determination to deny your fee waiver request. Should you wishto do so, you must send your appeal within 60 days of the date of this letter to: AssociateGeneral Counsel (General Law), U.S. Department of Homeland Security, Washington, D.C.20528, following the procedures outlined in Subpart A, Section 5.9, of the DHS Regulations.

Your envelope and letter should be marked Freedom of Information Act Appeal. Theimplementing Department regulations establish the criteria under which the FOIA isadministered. Copies of the FOIA and regulations are available at www.DHS.gov.

Your request has been assigned reference number [CASE NUMBER]. Please refer to thisidentifier in any future correspondence. If you have any questions, or would like to discuss thismatter, please feel free to contact this office at [TELEPHONE NUMBER].

Sincerely,

[NAME OF FOIA OFFICER][OFFICIAL TITLE]


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HomelandSecurityPrivacy Office, Mail Stop 0655

[DATE]

[REQUESTER NAME][REQUESTER TITLE][ADDRESS][CITY, STATE + ZIP]

Re: [Case Number]

Dear [MR/MS.][REQUESTER LAST NAME]:

This letter is the final response to your [DATE OF REQUEST] Freedom of Information Act(FOIA) request addressed to the Department of Homeland Security (DHS). You requestedcopies of [DESCRIPTION OF REQUEST]. Your request was received in this office on[RECEIVED DATE].

Information responsive to your request can be accessed online at [INSERT WEB ADDRESS].Pursuant to 5 U.S.C. 552(a)(1) and (a)(2), DHS need not make available under the FOIArecords that are published elsewhere.

[IF APPLICABLE Due to [XXX] retention standards, the above mentioned file has beendestroyed. No additional information is available.]

If you deem this advisement an adverse determination, you may exercise your appeal rights.Should you wish to do so, you must send your appeal and a copy of this letter, within 60 days ofthe date of this letter, to: Associate General Counsel (General Law), U.S. Department ofHomeland Security, Washington, D.C. 20528, following the procedures outlined in the DHSFOIA regulations at 6 C.F.R. 5.9. Your envelope and letter should be marked FOIA Appeal.Copies of the FOIA and DHS regulations are available atwww.dhs.gov/foia.

The Office of Government Information Services (OGIS) also mediates disputes between FOIArequesters and Federal agencies as a non-exclusive alternative to litigation. If you are requestingaccess to your own records (which is considered a Privacy Act request), you should know thatOGIS does not have the authority to handle requests made under the Privacy Act of 1974. If youwish to contact OGIS, you may email them [email protected] call 1-877-684-6448.

Provisions of the FOIA allow us to recover part of the cost of complying with your request. Inthis instance, because the cost is below the $14 minimum, there is no charge.
http://www.dhs.gov/foiahttp://www.dhs.gov/foiahttp://www.dhs.gov/foiamailto:[email protected]:[email protected]:[email protected]:[email protected]://www.dhs.gov/foia


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If you need to contact our office concerning this request, please call 1-866-431-0486 or 703-235-0790 and refer to [Case Number].

Sincerely,

[NAME OF INITIAL DENIAL AUTHORITY][OFFICIAL TITLE]


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[DATE]

[REQUESTER NAME][REQUESTER TITLE][ADDRESS][CITY, STATE + ZIP]

Re: [CASE NUMBER]

Dear [MR/MS] [REQUESTER LAST NAME]:

This is the final response to your Freedom of Information Act (FOIA) request to the Departmentof Homeland Security (DHS) Office for Civil Rights and Civil Liberties (CRCL) dated [DATE],and received by this office on [DATE]. You are seeking [DESCRIPTION OF REQUEST].

We conducted a comprehensive search of files within DHS-CRCL for records that would beresponsive to your request. Unfortunately, we were unable to locate or identify any responsiverecords.

While an adequate search was conducted, you have the right to appeal this determination that norecords exist within DHS-CRCL that would be responsive to your request. Should you wish todo so, you must send your appeal and a copy of this letter, within 60 days of the date of thisletter, to: Associate General Counsel (General Law), U.S. Department of Homeland Security,Washington, D.C. 20528, following the procedures outlined in the DHS FOIA regulations at 6C.F.R. 5.9. Your envelope and letter should be marked FOIA Appeal. Copies of the FOIAand DHS regulations are available atwww.dhs.gov/foia.

The Office of Government Information Services (OGIS) also mediates disputes between FOIArequesters and Federal agencies as a non-exclusive alternative to litigation. If you are requestingaccess to your own records (which is considered a Privacy Act request), you should know thatOGIS does not have the authority to handle requests made under the Privacy Act of 1974. If youwish to contact OGIS, you may email them [email protected] call 1-877-684-6448.



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If you need to contact our office concerning this request, please call and refer to [CASENUMBER].

Sincerely,

.FOIA Officer


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[DATE]


[AGENCY]


Dear [FOIA OFFICER]:

This letter is in response to your [DATE] letter requesting that we review the following

document for release in response to the Freedom of Information Act (FOIA) request of[REQUESTER NAME], dated [REQUEST DATE]:

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx.After review, I determined that the document should be [INSERT APPROPRIATELANGUAGE i.e. withheld in full to protect our deliberative processes, exempt from

disclosure under Title 5 U.S.C. 552(b)(5)].

The denial statement and appeal information in your response to the requester should read:

The decision to withhold the information was made by [NAME OF IDA], the InitialDenial Authority, [COMPONENT], Department of Homeland Security. You have theright to appeal this decision. Should you wish to do so, you must send your appeal within

60 days of the date of this letter to the following address: Associate General Counsel

(General Law), U.S. Department of Homeland Security, Washington, DC 20528,following the administrative procedures outlined in Subpart a, Section 5.9, of the DHS

FOIA Regulations. Your envelope and letter should be marked Freedom of Information

Act Appeal and reference FOIA case number [DHS CASE NUMBER]. The FOIA andimplementing DHS regulations are available at www.dhs.gov.

Should you have any questions concerning this matter, please contact me at [TELEPHONE

NUMBER] and reference FOIA case [DHS CASE NUMBER].

Thank you for your attention to this matter.

Sincerely,

[NAME OF IDA]

[OFFICIAL TITLE]

Initial Denial Authority


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[COMPONENT]


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[Date]

[Requester Name]

[Requester Title]

[Company Name]


Re: [Case Number]



Department of Homeland Security (DHS), dated [Request Date], and seeking [Description ofRequest]. Your request was received in this office on [Received Date].

Upon review of your request, I have determined that this office previously responded to your

request on [Date of Response]. You were informed that [Insert Outcome of Previous Request].

As your request of [Date of New Request] is a duplicate of your [Date of Original Request], itwill be administratively closed.

If you have any questions or would like to discuss this matter, please feel free to contact this

office at.

Sincerely,

FOIA Officer


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HomelandSecurity

[DATE]

[NAME OF FOIA REQUESTER][TITLE][COMPANY][ADDRESS][CITY, STATE + ZIP]

RE: [CASE NUMBER]


This letter provides a fee estimate applicable to processing your [DATE] Freedom ofInformation Act (FOIA) request for [DESCRIBE REQUEST].

The FOIA provides three levels of fees that may be assessed to process a FOIA requestaccording to categories of FOIA requesters. See 5 U.S.C. 552(a)(4)(A)(ii)(I),(II),(III) (2000).

COMMERCIAL

Our [DATE OF ACKNOWLEDGEMENT] acknowledgement of your request notified you thatyou were placed in the commercial category. Pursuant to the DHS implementing regulations, 6C.F.R. 5.11, commercial requesters are responsible to pay 10-cents per page for duplicationand for search and review time at the per quarter-hour rate ($4.00, $7.00, $10.25) of the searcherand reviewer. It is estimated that it would take approximately [NUMBER] hours to search forand [NUMBER] hours to review all responsive records. Billable search and review costs at[RATE OF SEARCHER] per quarter hour would be [$000.00]. It is estimated that our searchwould yield approximately [NUMBER] pages. Duplication costs for [NUMBER -100] pages ata rate of $0.10 per page would total [$00.00]. Based on this information, it is estimated that theoverall fee to process your request will equal approximately [$0,000.00].

EDUCATIONAL

Our [DATE OF ACKNOWLEDGEMENT] acknowledgement of your request notified you thatyou were placed in the educational requester category. Pursuant to the DHS implementingregulations, 6 C.F.R. 5.11, educational requestors are charged 10-cents a page for duplication,although the first 100 pages are free. It is estimated that our search would yield approximately[NUMBER] pages. Duplication costs for [NUMBER -100] pages at a rate of $0.10 per pagewould total [$00.00]. Based on this information, it is estimated that the overall fee to processyour request will equal approximately [$0,000.00].

MEDIA


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www.dhs.gov

Our [DATE OF ACKNOWLEDGEMENT] acknowledgement of your request notified you thatyou were placed in the media category. Pursuant to the DHS implementing regulations, 6 C.F.R. 5.11, media requestors are charged 10-cents a page for duplication, although the first 100pages are free. It is estimated that our search would yield approximately [NUMBER] pages.Duplication costs for [NUMBER -100] pages at a rate of $0.10 per page would total [$00.00].Based on this information, it is estimated that the overall fee to process your request will equalapproximately [$0,000.00].

OTHER

Our [DATE OF ACKNOWLEDGEMENT] acknowledgement of your request notified you thatyou were placed in the all other requester category. Pursuant to the DHS implementingregulations, 6 C.F.R. 5.11, all other or non-commercial requesters are responsible to pay 10-cents a page for duplication, although the first 100 pages are free, as are the first two hours ofsearch time, after which you will pay the per quarter-hour rate ($4.00, $7.00, $10.25) of thesearcher. It is estimated that it would take approximately [NUMBER] hours to search for allresponsive records. Billable search costs at [RATE OF SEARCHER] per quarter hour would be[$000.00]. It is estimated that our search would yield approximately [NUMBER] pages.Duplication costs for [NUMBER -100] pages at a rate of $0.10 per page would total [$00.00].Based on this information, it is estimated that the overall fee to process your request will equalapproximately [$0,000.00].

OPTION 1 WILLINGNESS TO PAY

Please confirm, in writing, your willingness to pay the total estimated processing fee of[$0,000.00]. Please send your written confirmation directly to this office within [#] days fromthe date of this letter.

In the alternative, you may narrow the scope of your request to reduce the universe of responsiverecords. If you wish to narrow the scope, please send an amended request and indicate theprocessing fee amount you are willing to pay within [#] days from the date of this letter.

You may send your agreement to pay estimated fees or your amended request to this office viamail or facsimile to:

Freedom of Information/Privacy Division[COMPONENT][ADDRESS][CITY, STATE + ZIP]Facsimile: [FAX NUMBER]

Once we receive written confirmation of you willingness to pay the total estimated processingfees or your amended request we will immediately begin processing the documents responsive toyour request. In our final response to your FOIA request, we will adjust the processing fee asnecessary to reflect the actual costs for search, review, and duplication if those fees do not matchthe estimated fees provided above.

If we do not receive written confirmation of your willingness to pay the total estimatedprocessing fee amount of [$0,000.00] or an amended request within [#] days from the date of thisletter, we will consider this request withdrawn, and we will administratively close your request


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www.dhs.gov

file.

OPTION 2 ADVANCE PAYMENT REQUIRED

Since the total estimated fee exceeds $250.000, you must make an advance payment of anamount up to the amount of the entire anticipated fee before we can begin to process yourrequest. See 6 C.F.R. 5.11(i). Please submit your check or money order in the amount of

[$0,000.00], made payable to the Treasury of the United States, to this office within [#] daysfrom the date of this letter. Please mail your payment to this office at the following address:

Freedom of Information/Privacy Division[COMPONENT][ADDRESS][CITY, STATE + ZIP]

In the alternative, you may narrow the scope of your request to reduce the universe of responsiverecords. If you wish to narrow the scope of your request, please send an amended request andindicate the processing fee amount you are willing to pay within 10 business days from the dateof this letter. You may send your amended request to the address above, or send it by facsimileto [FAX NUMBER].

If we do not receive an advance payment of [$0,000.00] or an amended request from you withinthirty (30) business days from the date of this letter, we will consider this request withdrawn, andwe will administratively close your request file.

If you have any questions, or would like to discuss this matter, please feel free to contact ouroffice at [TELEPHONE NUMBER]. Please refer to [CASE NUMBER] in all futurecorrespondence.

Sincerely,

[NAME OF FOIA OFFICER][OFFICIAL TITLE]


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HomelandSecurity

www.dhs.gov

[DATE]

[NAME][TITLE]

[COMPANY]

[ADDRESS]

[CITY, STATE + ZIP

Re: [CASE NUMBER]

Dear [MR/MS.] [LAST NAME]:

The enclosed pre-disclosure notification letter dated [DATE] sent by U.S. certified mail, advisedyou that the U.S. Department of Homeland Security (DHS), (COMPONENT), received a

Freedom of Information Act (FOIA) request from [REQUESTER NAME] [REQUESTER

TITLE AND COMPANY IF APPLICABLE]for information concerning [DESCRIBEREQUESTED INFORMATION].

As we advised you in that letter, in accordance with Executive Order 12600 and the DHS FOIA

implementing regulations at 6 C.F.R.5.8, you had 10 working days to provide our office withyour response regarding the release of information contained within the above referenced

documents. We received your comments on [DATE].

After carefully considering your comments, we made an independent assessment concerning the

releasability of the responsive documents. We determined that your assertions supporting

additional withholdings did not detail potential competitive harm with the requisite specificitywe requested in our initial letter. [STATE REASONS WHY OBJECTIONS WERE NOT

SUSTAINED CITE RECENT CASES].

Enclosed are copies of the documents as we intend to release them on [DATE], unless you obtainwithin 10 working days from the date of this letter a federal court order enjoining us from

disclosing the specific information at issue.

If you have any questions regarding this release, contact me at [TELEPHONE NUMBER] or via

email at [EMAIL ADDRESS] and reference [CASE NUMBER].

Sincerely,


[OFFICIAL TITLE]


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Enclosures: Pre-Disclosure Notice, dated [DATE]

Certified Mail Receipt

[ANY OTHER CORRESPONDENCE]

[DOCUMENT(s)] (redacted)


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HomelandSecurity

[DATE]

[AGENCY]

FOIA/PA Officer

[ADDRESS]

[CITY, STATE + ZIP]

Re: [DHS CASE NUMBER]

Dear FOIA/PA Officer:

Please refer to the enclosed Freedom of Information Act (FOIA) request, dated [DATE OFREQUEST], and submitted to the Department of Homeland Security (DHS) from [NAME OF

REQUESTER]. The requester is seeking a copy of [DESCRIPTION OF RECORDS

REQUESTED].

While processing this FOIA request, we identified records, totaling [###] pages, that contain

information that may be of interest to your agency. Please review this information [bracketed in

red] and return the documents to us, making any necessary deletions and citing any exemptionsclaimed. Also, please enclose a copy of your agency appeal procedures. The DHS will respond

directly to the requester, giving the requester your agency appeal rights for your agencys

withholding determinations.

Please return the documents, your comments, and appeal procedures to:

[DHS FOIA OFFICER]

Department of Homeland Security

[COMPONENT]


Please reference [DHS CASE NUMBER] in your response.

Thank you in advance for your courteous assistance in this matter. If you have any questions,

please contact this office at [TELEPHONE NUMBER].

Sincerely,



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[OFFICIAL TITLE]

Enclosures: FOIA Request, dated [DATE}

Responsive Documents ([###] pages)


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HomelandSecurity

December 19, 2008

Department of Homeland Security

Office of the Inspector General

Attn: Nikki GramianWashington, DC 20528

Re: OIG FOIA 2007-246

Dear Ms. Gramian:

Please refer to the enclosed Freedom of Information Act (FOIA) request, dated June 27, 2007,and submitted to the Department of Homeland Security (DHS) from Tom Jawetz, of the

American Civil Liberties Union. The requester is seeking a copy of records related to deaths in

ICE detention and the matter is under litigation.

During our search for responsive records, we located records that originated within the Office of

Inspector General. Therefore, we are transferring the responsive documents, totaling 24 pages,to you for your review and direct response to the requester. The requester has been notified of

this referral. A copy of our letter to the requester is also attached. Your office has probably

already adjudicated these documents in response to the request but in case it has not please

consider these for disclosure under the FOIA.

If you have any questions concerning this matter, please contact this office on (202) 357-8197.

Please reference OIG FOIA 2007-246 in all future correspondence.

Sincerely,

James W. McNeelyCounsel for Civil Liberties Programs

Enclosures: CRCL Response to Requester, dated December 19, 2008FOIA Request, dated June 27, 2007

Potentially Responsive Documents, (24 pages)

December 19, 2008


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HomelandSecurity

Catrina Pavlik-Keenan, FOIA Officer

FOIA Office

U.S. Immigration and Customs enforcement

Re: OIG FOIA 2007-246

Dear Ms. Pavlik-Keenan:

Please refer to the enclosed Freedom of Information Act (FOIA) request, dated June 27, 2007,and submitted to the Department of Homeland Security (DHS) from Tom Jawetz, of the

American Civil Liberties Union. The requester is seeking a copy of records related to deaths in

ICE detention and the matter is under litigation. I believe your office is in the process ofresponding to this request.

During our search for responsive records, we located records that originated within ICE.

Therefore, we are transferring the responsive documents, totaling 141 pages, to you for yourreview and direct response to the requester. The requester has been notified of this referral. A

copy of our letter to the requester is also attached.

One set of documents relates to medical records involving a detainee death. I have forwarded

these to you for adjudication because they were provided to CRCL by a contract detention

facility, which supports ICE under an intergovernmental service agreement (IGSA). Because therelationship between the Department and the detention facility are governed by the IGSA we

believe the documents are essentially ICE documents and in your jurisdiction.

The other set of documents are a memorandum dated October 10, 2007 and associated draftsfrom ICE Assistant Director for Management Gary Mead in response to a CRCL report into a

detainee death. In the initial report, CRCL made recommendations relating to detention

practices and policies and drew legal conclusions relating to the detainee death. The portions ofthe memo which discuss CRCL recommendations should be withheld pursuant to Exemption 5,

Deliberative Process Privilege and Attorney Client Privilege, and the drafts of the memo should

be withheld in their entirety on similar rationale. Overall adjudication of the memorandum,however, should fall to ICE since the responses to the recommendations and the memo itself

originated in ICE. Should you determine to release the Mead memorandum in part, I would ask

that you provide this Office a chance to comment on the proposed redactions prior to release.

If you have any questions concerning this matter, please contact this office on (202) 357-8197.

Please reference OIG FOIA 2007-246 in all future correspondence.


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HomelandSecurity

Sincerely,

James W. McNeelyCounsel for Civil Liberties Programs

Enclosures: CRCL Response to Requester, dated December 19, 2008

FOIA Request, dated June 27, 2007

Potentially Responsive Documents, (24 pages)


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U.S. Department of Homeland SecurityWashington, D.C. 20528

HomelandSecurity

[DATE]

[NAME OF REQUESTER][TITLE]

[COMPANY]

[ADDRESS]

[CITY, STATE + ZIP]

Re: [CASE NUMBER]


This acknowledges receipt of [OR This is in further response to] your Freedom of InformationAct (FOIA) request to the Department of Homeland Security (DHS), [COMPONENT], dated

[DATE], and received in this office on [RECEIVED DATE]. You are requesting documents

regarding [DESCRIBE REQUEST].

Due to the subject matter of your request, I am transferring this request to the FOIA Officer for

[DHS COMPONENT], [FOIA OFFICER NAME], U.S. Department of Homeland Security,

Washington, D.C. 20528, for processing under the FOIA and direct response to you. You maycontact [FOIA OFFICERS NAME]s office directly at [TELEPHONE NUMBER].

[OPTIONAL If there are any other DHS components that you would like us to search,please advise this office. A list of DHS components and offices may be found at:

http://www.dhs.gov/xabout/structure/index.shtm.]

OR

During our search for responsive records, our office located [###] pages of records that are under

the purview of [OTHER DHS COMPONENT]. Therefore, I am transferring your request, alongwith those responsive documents, to the FOIA Officer for [OTHER DHS COMPONENT],

[AGENCY ADDRESS], for processing and direct response to you. You may contact the

[OTHER DHS COMPONENT] FOIA Officer at [TELEPHONE NUMBER].

If you need to contact our office again about this matter, please refer to [CASE NUMBER].

This office can be reached at [TELEPHONE NUMBER].

Sincerely,


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[FOIA OFFICER NAME]

[OFFICIAL TITLE]


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U.S. Department of Homeland SecurityWashington, D.C. 20528

HomelandSecurity

[DATE]

MEMORANDUM FOR: [NAME OF FOIA OFFICER], FOIA Officer[DHS COMPONENT]

FROM: [NAME OF FOIA OFFICER], FOIA Officer

[DHS COMPONENT]

SUBJECT: [CASE NUMBER]

Attached is a FOIA request received in the DHS FOIA/PA Office. The requester is seeking

records regarding [DESCRIBE REQUEST].

Upon review of the subject matter, I have determined that, if such documents exist, they would

be under your purview. Please respond directly to the requester.

OR

During our search for responsive records, we located records that originated within the [DHS

COMPONENT]. Therefore, we are transferring the responsive documents, totaling [###] pages,to you for your review and direct response to the requester.

The requester has been notified of this transfer. A copy of the transmittal letter is attached.


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HomelandSecurity

[Date]

[Requester Name]

[Requester Title]

[Company Name]


Re: [Case Number]


This acknowledges receipt of your Freedom of Information Act/Privacy Act (FOIA/PA) request

to the Department of Homeland Security (DHS), dated [Request Date], and seeking [Description

of Request]. Your request was received in this office on [Received Date].

Please be advised that DHS regulations require, in the case of third party information requests, a

statement from the individual verifying his or her identity and certifying that individual's

agreement that records concerning him or her may be accessed, analyzed and released to a thirdparty. See 6 C.F.R. 5.21(f). Because you have not provided this documentation with your

request, we are unable to initiate a search for responsive records.

ORIn view of the fact that you have stated that the subject of your request is deceased, we require

some type of affirmation of his/her death, such as a copy of a death certificate or an obituarycolumn. This is required in order to protect the privacy rights of third parties who are the subject

of such requests. Without the above affirmation of death, we are unable to initiate a search for

responsive records.

Please provide the requested documentation within 30 days from the date of this letter, or we will

assume you are no longer interested in this FOIA/PA request, and the case will be

administratively closed.

AND/OR

Furthermore, I have determined that the information you are seeking is under the purview of the

[Other DHS Component]. Accordingly, you should direct your perfected request to the [Other

DHS Component] containing the documentation described in the second paragraph of this letter.

You should mail your request to: [Address of Other DHS Component].


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www.dhs.gov

This is not a denial of your request. Upon receipt of a perfected request, you will be advised as

to the status of your request.

If you have any questions or would like to discuss this matter, please feel free to contact this

office at [Telephone Number].

Sincerely,

[Name of FOIA Officer][Official Title]


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HomelandSecurity

[Date]

[Requester Name]

[Requester Title]

[Company Name][Address]

[City, State + Zip]

Re: [Case Number]



Department of Homeland Security (DHS), dated [Request Date], and seeking [Description ofRequest]. Your request was received in this office on [Received Date].

Please be advised that the FOIA does not require federal agencies to answer inquiries or create

records in response to a FOIA request, but rather is limited to requiring agencies to provideaccess to reasonably described, nonexempt records. NLRB v. Sears, Roebuck & Co., 421 U.S.

132, 162 (1975); Zemansky v. EPA, 767 F.2d 569, 574 (9th Cir. 1985). As you have failed to

reasonably describe the records you are seeking, your request is not a perfected request, and weare unable to initiate a search for responsive records.

Please resubmit your request containing a reasonable description of the records you are seeking.If we do not hear from you within [#] days from the date of this letter, we will assume you are no

longer interested in this FOIA request, and the case will be administratively closed.

This is not a denial of your request. Upon receipt of a perfected request, you will be advised asto the status of your request.

Your request has been assigned reference number [Case Number]. Please refer to this identifierin any future correspondence. You may contact this office at [Telephone Number].

Sincerely,

[Name of FOIA Officer]

[Official Title]


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HomelandSecurity

[Date]

[Requester Name]

[Requester Title]

[Company Name][Address]

[City, State + Zip]

Re: [Case Number]



Department of Homeland Security Office of Civil Rights and Civil Liberties (DHS-CRCL),dated [Request Date], and seeking [Description of Request]. Your request was received in this

office on [Received Date].

After careful review of your FOIA request, we determined that your request is too broad in scopeor did not specifically identify the records which you are seeking. Records must be described in

reasonably sufficient detail to enable government employees who are familiar with the subject

area to locate records without placing an unreasonable burden upon the agency. For this reason,5.3(b) of the DHS regulations, 6 C.F.R. Part 5, require that you describe the records you are

seeking with as much information as possible to ensure that our search can locate them with a

reasonable amount of effort. Whenever possible, a request should include specific informationabout each record sought, such as the date, title or name, author, recipients, and subject matter of

the records, if known, or the DHS component or office you believe created and/or controls the

record. The FOIA does not require an agency to create new records, answer questions posed by

requesters, or attempt to interpret a request that does not identify specific records.

In Exxon Mobil Corp. v. U.S. Dep't of Interior, the court concludes that plaintiff's requests

seeking any and all documents, any documents, or all documents are impermissibly broad and donot comply with FOIA's requirement that the request for records reasonably describe such

records. Exxon Mobil Corp. v. U.S. Dep't of Interior, No. 09-6732, 2010 WL 2653353 (E.D. La.

June 29, 2010).

Please resubmit your request containing a reasonable description of the records you are seeking.

Upon receipt of a perfected request, you will be advised as to the status of your request.


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www.dhs.gov

If we do not hear from you within 30 days from the date of this letter, we will assume you are no

longer interested in this FOIA request, and the case will be administratively closed. Please beadvised that this action is not a denial of your request and will not preclude you from filing other

requests in the future.

Your request has been assigned reference number [Case Number]. Please refer to this identifierin any future correspondence. You may contact this office at 00 .

Sincerely,

.

FOIA Officer


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[Date]


Re: [Case Number]


This is the final response to your Freedom of Information Act (FOIA) request to the Department

of Homeland Security (DHS) Office for Civil Rights and Civil Liberties (CRCL), dated [DATE],and received by this office on [DATE]. You are seeking [DESCRIPTION OF REQUEST].

OR

This is the final response to your Freedom of Information Act (FOIA) request to the [ReferringAgency], dated [Request Date], and seeking [Description of Request]. While processing yourrequest, the [Referring Agency] located records that fall under the purview of the Department ofHomeland Security (DHS) Office for Civil Rights and Civil Liberties (CRCL). Accordingly,your request and [#] pages of responsive records were referred to this office for processing anddirect response to you. Your request was received in this office on [Received Date].

If it is a Privacy Act request add

To provide you with the greatest degree of access authorized by law, we have considered yourrequest under both the FOIA, 5 U.S.C. 552, and the Privacy Act, 5 U.S.C. 552a. Informationabout an individual that is maintained in a Privacy Act system of records may be accessed bythat individual1 unless the agency has exempted the system of records from the access provisionsof the Privacy Act.

2

However, I determined that none of the withheld information is maintainedin a system of records that is retrievable by your name or other personal identifier. Therefore,that information was processed under the FOIA.

OR

To provide you with the greatest degree of access authorized by law, we have considered yourrequest under both the FOIA, 5 U.S.C. 552, and the Privacy Act, 5 U.S.C. 552a. Informationabout an individual that is maintained in a Privacy Act system of records may be accessed by

1 5 U.S.C. 552a(d)(1).2 5 U.S.C. 552a(d)(5), (j), and (k).


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that individual3 unless the agency has exempted the system of records from the access provisionsof the Privacy Act.4

[IF PRIVACY ACT INVOLVED, NEED TO IDENTIFY THE SYSTEMOF RECORDS AND ANY APPLICABLE EXEMPTIONS] [SEE PRIVACY ACTEXEMPTION TEMPLATE]

OPTION 1: USE IF NO DISCRETIONARY RELEASE IS MADE - DELETEPORTIONS NOT NEEDED:

A search of [NAMES OFFICES SEARCHED] for documents responsive to your requestproduced a total of [XXX] pages. Of those pages, I have determined that [XXX] pages of therecords are releasable in their entirety, [XXX] pages are partially releasable, and [XXX] pagesare withheld in their entirety pursuant to Title 5 U.S.C. 552 [ENTER APPROPRIATEEXEMPTION CODE: (b)(1), (b)(2)(high), (b)(2)(low), (b)(3), (b)(4), (b)(5), (b)(6), (b)(7)(A),(b)(7)(B), (b)(7)(C), (b)(7)(D), (b)(7)E) and (b)(7)(F), FOIA Exemptions 1, 2(high), 2(low), 3, 4,5, 6, b7(A), b7(B),b7(C), b7(D), b7(E), and b7(F)].

OPTION 2: USE IF EXEMPTIONS COULD BE ASSERTED BUT YOU HAVEDISCRETIONARILY OPTED TO RELEASE IN PART ( DISCRETIONARY

DISCLOSURE) - DELETE PORTIONS NOT NEEDED:

A search of [NAMES OFFICES SEARCHED] for documents responsive to your requestproduced a total of [XXX] pages. As a result of discussion between agency personnel [OR LISTCOMPONENT] and a member of my staff, as a matter of administrative discretion, I amreleasing [DESCRIBE DOCUMENTS]. I have determined that [XXX] pages of the records arereleasable in their entirety, [XXX] pages are partially releasable, and [XXX] pages are withheldin their entirety pursuant to Title 5 U.S.C. 552 [ENTER APPROPRIATE EXEMPTIONCODE: (b)(1), (b)(2)(high), (b)(2)(low), (b)(3), (b)(4), (b)(5), (b)(6), (b)(7)(A), (b)(7)(B),(b)(7)(C), (b)(7)(D), (b)(7)E) and (b)(7)(F), FOIA Exemptions 1, 2(high), 2(low), 3, 4, 5, 6,b7(A), b7(B),b7(C), b7(D), b7(E), and b7(F)].

Enclosed are [#] pages with certain information withheld as described below. [ENTEREXEMPTION PARAGRAPHS, AS APPROPRIATE.] [SEE FOIA EXEMPTIONTEMPLATE.]

OR

[SPELL OUT NUMBER ] pages are withheld in full as described below. [SEE FOIAEXEMPTION TEMPLATE.]

You have a right to appeal the above withholding determination. Should you wish to do so, youmust send your appeal and a copy of this letter, within 60 days of the date of this letter, to:Associate General Counsel (General Law), U.S. Department of Homeland Security, Washington,D.C. 20528, following the procedures outlined in the DHS regulations at 6 C.F.R. 5.9. Your

3 5 U.S.C. 552a(d)(1).4 5 U.S.C. 552a(d)(5), (j), and (k).


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envelope and letter should be marked FOIA Appeal. Copies of the FOIA and DHS regulationsare available atwww.dhs.gov/foia.

The Office of Government Information Services (OGIS) also mediates disputes between FOIArequesters and Federal agencies as a non-exclusive alternative to litigation. If you are requesting

access to your own records (which is considered a Privacy Act request), you should know thatOGIS does not have the authority to handle requests made under the Privacy Act of 1974. If youwish to contact OGIS, you may email them [email protected] call 1-877-684-6448.

NO FEES

Provisions of the FOIA [AND PRIVACY ACT] allow us to recover part of the cost ofcomplying with your request. In this instance, because the cost is below the $14 minimum, thereis no charge. 6 CFR 5.11(d)(4).

OR IF FEES ARE ASSESSED

Provisions of the FOIA [AND PRIVACY ACT] allow us to recover part of the cost ofcomplying with your request. 6 CFR 5.11. Please forward a check or money order for$[XXX.XX] within 30 days from the date of this letter, payable to the Treasury of the UnitedStates. You should mail your check to:

[FOIA OFFICE][COMPONENT][ADDRESS]

In order to be sure your account is credited, you must reference the DHS FOIA Number [CASENUMBER]on your check or money order and attach it to a copy of this letter. The Departmentmay institute collection action pursuant to Federal debt collection statutes, which provide forrecovery of interest, administrative and penalty charges for handling a delinquent debt owed tothe government.

If you need to contact our office again about this matter, please refer to [CASE NUMBER].This office can be reached at 00.

Sincerely,

FOIA Officer

Enclosure(s): (*) pages


45/46




[DATE]

[FOIA REQUESTER NAME][TITLE][COMPANY][ADDRESS][CITY, STATE + ZIP]

Re: [CASE NUMBER]


This is the [electronic] final response to your [DATE], Freedom of Information Act (FOIA)request to the Department of Homeland Security (DHS) for [DESCRIBE REQUEST]. Thisoffice received your request on [DATE].

In responding to a FOIA request, the DHS/[COMPONENT] will search for responsivedocuments in its control on the date the search began. We began our search on [DATE].

We are granting your request under the FOIA, Title 5 U.S.C. 552, as amended, and DHSimplementing regulations, 6 C.F.R. Chapter I and Part 5. After carefully reviewing theresponsive documents [OR DESCRIBE DOCUMENTS], I determined that they are appropriatefor public release. They are enclosed in their entirety; no deletions or exemptions have beenclaimed.

NO FEES


FEES ASSESSED

Provisions of the FOIA allow us to recover part of the cost of complying with your request. 6CFR 5.11. Please forward a check or money order for $[XXX.XX] within 30 days from thedate of this letter, payable to the Treasury of the United States. You should mail your check to:

[FOIA OFFICE][COMPONENT][ADDRESS]


46/46

In order to be sure your account is credited, you must reference the DHS FOIA Number [CASENUMBER]on your check or money order and attach it to a copy of this letter. The Departmentmay institute collection action pursuant to Federal debt collection statutes, which provide forrecovery of interest, administrative and penalty charges for handling a delinquent debt owed tothe government.

If you need to contact us about this request, please refer to [CASE NUMBER]. You maycontact this office at.

Sincerely,

FOIA Officer

Enclosure(s): [DOCUMENT(S)], [# PAGES]