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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 Civil Liberties (CRCL) for [DESCRIPTION OF REQUEST]. Your request was received in this office on [RECEIVED DATE]. Due to the increasing number of FOIA requests received by this office, we may encounter some delay in processing your request. Per Section 5.5(a) of the DHS FOIA regulations, 6 C.F.R. Part 5, the Department processes FOIA requests according to their order of receipt. Although DHS’ goal is to respond within 20 business days of receipt of your request, the FOIA does permit a 10day extension of this time period. As your request seeks numerous documents that will necessitate a thorough and wide-ranging search, DHS will invoke a 10-day extension for your request, as allowed by Title 5 U.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 are currently [#] open requests ahead of yours. OR Due to the increasing number of FOIA requests received by this office, we may encounter some delay in processing your request. Per Section 5.5(a) of the DHS FOIA regulations, 6 C.F.R. Part 5, the Department processes FOIA requests according to their order of receipt. Although DHS’ goal is to respond within 20 business days of receipt of your request, the FOIA does permit a 10day extension of this time period. As the subject matter of your request is of substantial interest to two or more components of this Department or of substantial interest to another agency, we will need to consult with those entities before we issue a final response. Due to these unusual circumstances, DHS will invoke a 10-day extension for your request, as allowed by Title 5 U.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 are currently [#] open requests ahead of yours. FOR COMMERCIAL REQUESTERS:

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 apply to commercial requestors; i.e., you will be charged 10-cents per page for duplication and for search and 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 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 be contacted before any additional fees are accrued.] FOR MEDIA REQUESTERS: 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 apply to 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 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 you are willing to pay assessable fees up to $___. You will be contacted 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. We shall 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 for duplication, although the first 100 pages are free. [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 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. We shall charge you for records in accordance with the DHS Interim FOIA regulations as they apply to 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 search time, 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 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 be contacted before any additional fees are accrued.] We have queried the appropriate component of DHS for responsive records. If any responsive records are located, they will be reviewed and processed accordingly. Please be assured that one of the processors in our office will respond to your request as expeditiously as possible. We appreciate your patience as we proceed with your request.

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

FOIA Officer

U.S. Department of Homeland Security Washington, DC 20528

Homeland Security
[Date] [Requester Name] [Requester Title] [Company Name] [Address] [City, State + Zip] Re: DHS FOIA Case # [Case Number] [Referring Agency] FOIA Case # [#] Dear [Mr./Ms.] [Requester Last Name]: This acknowledges receipt of your Freedom of Information Act (FOIA) request to the [Referring Agency], dated [Request Date], and seeking [Description of Request]. While processing your request, the [Referring Agency] located records that fall under the purview of the Department of Homeland Security (DHS). Accordingly, your request and [#] pages of responsive records were referred to this office for processing and direct response to you. Your request was received in this office on [Received Date]. OPTIONAL: Due to the increasing number of FOIA requests received by this office, we may encounter some delay in processing your request. Per §5.5(a) of the DHS FOIA regulations, 6 C.F.R. Part 5, the Department processes FOIA requests according to their order of receipt. Although DHS’ goal 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 interest to two or more components of this Department or of substantial interest to another agency, we will need to consult with those entities before we issue a final response. Due to these unusual circumstances, DHS will invoke a 10-day extension for your request, as allowed by Title 5 U.S.C. § 552(a)(6)(B). We will make every effort to comply with your request in a timely manner; however, there are currently [#] open requests ahead of yours. FOR COMMERCIAL REQUESTERS: 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 apply to commercial requestors; i.e., you will be charged 10-cents per page for duplication and for search and 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 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 be contacted before any additional fees are accrued.) FOR MEDIA REQUESTERS: 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 apply to 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 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 you are willing to pay assessable fees up to $___. You will be contacted 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. We shall 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 for duplication, although the first 100 pages are free. (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 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. We shall charge you for records in accordance with the DHS Interim FOIA regulations as they apply to 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 search time, after which you will pay the per quarter-hour rate of the searcher. (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 you are willing to pay assessable 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 identifier in any future correspondence. Please be assured that one of the processors in our office will respond to your request as expeditiously as possible. You may contact this office at [Telephone Number]. Thank you for your patience as we proceed with your request. Sincerely,

[Name of FOIA Officer] [Official Title]

www.dhs.gov

U.S. Department of Homeland Security Washington, DC 20528

Homeland Security
[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 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 this office 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 am referring 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

U.S. Department of Homeland Security Washington, DC 20528

Homeland Security
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 respond directly to the requester. The requester has been notified of this transfer. A copy of the transmittal letter is attached.

www.dhs.gov

U.S. Department of Homeland Security Washington, DC 20528

Homeland Security
AFFIRMATION/DECLARATION This is to affirm that I, ___________________________________________________________________________, (PRINT FULL NAME) request access to records maintained by the [DHS COMPONENT] which pertain to me. My present 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 another person under false pretenses is punishable by a fine of up to $5,000. I also understand that any applicable 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)

PLEASE RETURN TO: U.S. Department of Homeland Security [Component] [Address] Via Facsimile: [FAX NUMBER]

Office for Civil Rights and Civil Liberties U.S. Department of Homeland Security Washington, DC 20528

[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 in processing 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 in pursuing 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

Office for Civil Rights and Civil Liberties U.S. Department of Homeland Security Washington, DC 20528

[DATE] [FOIA REQUESTER NAME] [TITLE] [COMPANY] [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 Department of 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 the information 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

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), seeking [DESCRIPTION OF REQUEST]. 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 the request involves “circumstances in which the lack of expedited treatment could reasonably be expected 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 government activity, 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 in detail the basis for the request, and that statement must be certified by the requester to be true and 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 government activity involved in the request beyond the public’s right to know about government activity generally. Your letter was conclusory in nature and did not present any facts to justify a grant of expedited 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 or physical safety of an individual. The sought information is retrospective and would have no bearing on the immediate or resultant future situations. In addition, you are not primarily engaged in the dissemination of information to the public. You have not shown that you have the ability to educate the public beyond [XXXX’S] limited constituency, nor have you detailed with

the requisite specificity why you feel there is an urgency to inform your limited audience about past DHS actions. This urgency would need to exceed the public’s right to know about government activity generally. Finally, you did not offer any supporting evidence of public interest that is any greater than the public’s general interest in [SUBJECT OF REQUEST]. OR As it relates to your request for expedited treatment, your request is denied. Clearly, the lack of expedited treatment in this case will not pose an imminent threat to the life or physical safety of an individual. While you may be primarily engaged in the disseminating of information, you have 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 public’s right to know about government activity generally. Nor did you offer any supporting evidence of an interest of the public that is any greater than the public’s general interest in [SUBJECT OF REQUEST]. One indicator of public interest on any topic can be gauged by the number of requests we receive for 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 the internet 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, 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 of receipt of this letter to: Associate General 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.” Copies of the DHS regulations are available at: www.dhs.gov/foia. FOR COMMERCIAL REQUESTERS: Provisions of the FOIA allow us to recover part of the cost of complying with your request. We shall charge you for records in accordance with the DHS FOIA regulations as they apply to commercial requestors; i.e., you will be charged 10-cents per page for duplication and for search and 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 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 be contacted before any additional fees are accrued.] FOR MEDIA/EDUCATIONAL REQUESTERS: Provisions of the FOIA allow us to recover part of the cost of complying with your request. We shall charge you for records in accordance with the DHS FOIA regulations as they apply to media requestors. As a media/educational 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 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 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 FOIA allow us to recover part of the cost of complying with your request. We shall charge you for records in accordance with the DHS FOIA regulations as they apply to noncommercial 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 search time, 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 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 be contacted before any additional fees are accrued.] 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 that one of the processors in our office will respond to your request as expeditiously as possible. We appreciate your patience as we proceed with your request. Your request has been assigned reference number [Case Number]. Please refer to this identifier in any future correspondence. You may contact this office at [Telephone Number]. Sincerely,

[NAME OF FOIA OFFICER] [OFFICIAL TITLE]

U.S. Department of Homeland Security Washington, DC 20528

Homeland Security
[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 the Department of Homeland Security (DHS), dated [DATE], and to your request for a waiver of all assessable FOIA fees. Your request was received in this office on [DATE]. Specifically, you requested [DESCRIBE REQUESTED DOCUMENTS]. Due to the increasing number of FOIA requests received by this office, we may encounter some delay in processing your request. Per Section 5.5(a) of the DHS FOIA regulations, 6 C.F.R. Part 5, the Department processes FOIA requests according to their order of receipt. Although DHS’ goal is to respond within 20 business days of receipt of your request, the FOIA does permit a 10day extension of this time period. As your request seeks numerous documents that will necessitate a thorough and wide-ranging search, DHS will invoke a 10-day extension for your request, as allowed by Title 5 U.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 are currently [#] open requests ahead of yours. OR Due to the increasing number of FOIA requests received by this office, we may encounter some delay in processing your request. Per Section 5.5(a) of the DHS FOIA regulations, 6 C.F.R. Part 5, the Department processes FOIA requests according to their order of receipt. Although DHS’ goal is to respond within 20 business days of receipt of your request, the FOIA does permit a 10day extension of this time period. As the subject matter of your request is of substantial interest to two or more components of this Department or of substantial interest to another agency, we will need to consult with those entities before we issue a final response. Due to these unusual circumstances, DHS will invoke a 10-day extension for your request, as allowed by Title 5 U.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 are currently [#] open requests ahead of yours.

As it relates to your fee waiver request, I have reviewed your letter thoroughly and have determined that you have not presented a convincing argument that [REQUESTER ORGANIZATION/ 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 determining whether the applicable legal standard for a fee waiver has been met. We will consider these factors in our evaluation of your request for a fee waiver: (1) Whether the subject of the requested records concerns “the operations or activities of the government;” (2) Whether the disclosure is “likely to contribute” to an understanding of government operations or activities; (3) Whether disclosure of the requested information will contribute to the understanding of the public at large, as opposed to the individual understanding of the requestor or a narrow segment of interested persons; (4) Whether the contribution to public understanding of government operations or activities will be "significant;" (5) Whether the requester has a commercial interest that would be furthered by the requested disclosure; and (6) Whether the magnitude of any identified commercial interest to the requestor is sufficiently large in comparison with the public interest in disclosure, that disclosure is primarily in the commercial interest of the requestor. As a requester, you bear the burden under the FOIA of showing that the fee waiver requirements have been met. Based on my review of your [DATE] letter and for the reasons stated herein, I have determined that your fee waiver request is deficient because [ENUMERATE FACTORS/PROVIDE REASONING]. Since your request for a fee waiver has failed to satisfy each of the required factors, I am denying your fee waiver request. FOR COMMERCIAL REQUESTERS: 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 apply to commercial requestors; i.e., you will be charged 10-cents per page for duplication and for search and 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 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 be contacted before any additional fees are accrued.] FOR MEDIA REQUESTERS: 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 apply to 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 an agreement to pay up to $25.00. You will be contacted before any further fees are accrued.] OR
www.dhs.gov

[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 EDUCATIONAL REQUESTERS: 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 apply to educational requestors. As an educational requester 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 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 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. We shall charge you for records in accordance with the DHS Interim FOIA regulations as they apply to 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 search time, 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 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 be contacted before any additional fees are accrued.] You have the right to appeal the determination to deny your fee waiver request. Should you wish to do so, you must send your appeal 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 Subpart A, Section 5.9, of the DHS Regulations. Your envelope and letter should be marked “Freedom of Information Act Appeal.” The implementing Department regulations establish the criteria under which the FOIA is administered. Copies of the FOIA and regulations are available at www.DHS.gov. Your request has been assigned reference number [CASE NUMBER]. Please refer to this identifier in any future correspondence. 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]

www.dhs.gov

U.S. Department of Homeland Security Washington, DC 20528

Homeland Security
Privacy 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 requested copies 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 FOIA records that are published elsewhere. [IF APPLICABLE… Due to [XXX] retention standards, the above mentioned file has been destroyed. 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 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 FOIA 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 at www.dhs.gov/foia. The Office of Government Information Services (OGIS) also mediates disputes between FOIA requesters 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 that OGIS does not have the authority to handle requests made under the Privacy Act of 1974. If you wish to contact OGIS, you may email them at ogis@nara.gov or call 1-877-684-6448. Provisions of the FOIA allow us to recover part of the cost of complying with your request. In this instance, because the cost is below the $14 minimum, there is no charge.

If you need to contact our office concerning this request, please call 1-866-431-0486 or 703-2350790 and refer to [Case Number]. Sincerely,

[NAME OF INITIAL DENIAL AUTHORITY] [OFFICIAL TITLE]

Office for Civil Rights and Civil Liberties U.S. Department of Homeland Security Washington, DC 20528

[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 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]. We conducted a comprehensive search of files within DHS-CRCL for records that would be responsive to your request. Unfortunately, we were unable to locate or identify any responsive records. While an adequate search was conducted, you have the right to appeal this determination that no records exist within DHS-CRCL that would be responsive to your request. Should you wish to do so, you must 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 FOIA 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 at www.dhs.gov/foia. The Office of Government Information Services (OGIS) also mediates disputes between FOIA requesters 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 that OGIS does not have the authority to handle requests made under the Privacy Act of 1974. If you wish to contact OGIS, you may email them at ogis@nara.gov or call 1-877-684-6448. Provisions of the FOIA allow us to recover part of the cost of complying with your request. In this instance, because the cost is below the $14 minimum, there is no charge.

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

Sincerely,

. FOIA Officer

U.S. Department of Homeland Security Washington, DC 20528

[DATE] [NAME OF FOIA OFFICER] [AGENCY] [ADDRESS] [CITY, STATE + ZIP] 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 APPROPRIATE LANGUAGE… 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 Initial Denial Authority, [COMPONENT], Department of Homeland Security. You have the right 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 and implementing 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

[COMPONENT]

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 Freedom of Information Act (FOIA) 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]. 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], it will 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

U.S. Department of Homeland Security Washington, DC 20528

Homeland Security
[DATE] [NAME OF FOIA REQUESTER] [TITLE] [COMPANY] [ADDRESS] [CITY, STATE + ZIP] RE: [CASE NUMBER]

Dear [MR/MS.] [REQUESTER LAST NAME]: This letter provides a fee estimate applicable to processing your [DATE] Freedom of Information Act (FOIA) request for [DESCRIBE REQUEST]. The FOIA provides three levels of fees that may be assessed to process a FOIA request according 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 that you were placed in the commercial category. Pursuant to the DHS implementing regulations, 6 C.F.R. § 5.11, commercial requesters are responsible to pay 10-cents per page for duplication and for search and review time at the per quarter-hour rate ($4.00, $7.00, $10.25) of the searcher and reviewer. It is estimated that it would take approximately [NUMBER] hours to search for and [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 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 equal approximately [$0,000.00]. EDUCATIONAL Our [DATE OF ACKNOWLEDGEMENT] acknowledgement of your request notified you that you were placed in the educational requester category. Pursuant to the DHS implementing regulations, 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 page would total [$00.00]. Based on this information, it is estimated that the overall fee to process your request will equal approximately [$0,000.00]. MEDIA

Our [DATE OF ACKNOWLEDGEMENT] acknowledgement of your request notified you that you 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 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 page would total [$00.00]. Based on this information, it is estimated that the overall fee to process your request will equal approximately [$0,000.00]. OTHER Our [DATE OF ACKNOWLEDGEMENT] acknowledgement of your request notified you that you were placed in the “all other” requester category. Pursuant to the DHS implementing regulations, 6 C.F.R. § 5.11, “all other” or non-commercial requesters are responsible to pay 10cents a page for duplication, although the first 100 pages are free, as are the first two hours of search time, after which you will pay the per quarter-hour rate ($4.00, $7.00, $10.25) of the searcher. It is estimated that it would take approximately [NUMBER] hours to search for all responsive 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 equal approximately [$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 from the date of this letter. In the alternative, you may narrow the scope of your request to reduce the universe of responsive records. If you wish to narrow the scope, please send an amended request and indicate the processing 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 via mail 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 processing fees or your amended request we will immediately begin processing the documents responsive to your request. In our final response to your FOIA request, we will adjust the processing fee as necessary to reflect the actual costs for search, review, and duplication if those fees do not match the estimated fees provided above. If we do not receive written confirmation of your willingness to pay the total estimated processing fee amount of [$0,000.00] or an amended request within [#] days from the date of this letter, we will consider this request withdrawn, and we will administratively close your request
www.dhs.gov

file. OPTION 2 – ADVANCE PAYMENT REQUIRED Since the total estimated fee exceeds $250.000, you must make an advance payment of an amount up to the amount of the entire anticipated fee before we can begin to process your request. 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 [#] days from 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 responsive records. If you wish to narrow the scope of your request, please send an amended request and indicate the processing fee amount you are willing to pay within 10 business days from the date of this letter. You may send your amended request to the address above, or send it by facsimile to [FAX NUMBER]. If we do not receive an advance payment of [$0,000.00] or an amended request from you within thirty (30) business days from the date of this letter, we will consider this request withdrawn, and we will administratively close your request file. If you have any questions, or would like to discuss this matter, please feel free to contact our office at [TELEPHONE NUMBER]. Please refer to [CASE NUMBER] in all future correspondence. Sincerely,

[NAME OF FOIA OFFICER] [OFFICIAL TITLE]

www.dhs.gov

U.S. Department of Homeland Security Washington, DC 20528

Homeland Security
[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, advised you 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 [DESCRIBE REQUESTED 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 with your 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 specificity we 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 obtain within 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,

[NAME OF FOIA OFFICER] [OFFICIAL TITLE]
www.dhs.gov

Enclosures:

Pre-Disclosure Notice, dated [DATE] Certified Mail Receipt [ANY OTHER CORRESPONDENCE] [DOCUMENT(s)] (redacted)

U.S. Department of Homeland Security Washington, DC 20528

Homeland Security
[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 OF REQUEST], 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 exemptions claimed. 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 agency’s withholding determinations. Please return the documents, your comments, and appeal procedures to: [DHS FOIA OFFICER] Department of Homeland Security [COMPONENT] [ADDRESS] [CITY, STATE + ZIP] 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,

[NAME OF FOIA OFFICER]

[OFFICIAL TITLE] Enclosures: FOIA Request, dated [DATE} Responsive Documents ([###] pages)

U.S. Department of Homeland Security Washington, DC 20528

Homeland Security
December 19, 2008

Department of Homeland Security Office of the Inspector General Attn: Nikki Gramian Washington, 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. McNeely Counsel for Civil Liberties Programs

Enclosures:

CRCL Response to Requester, dated December 19, 2008 FOIA Request, dated June 27, 2007 Potentially Responsive Documents, (24 pages) December 19, 2008

U.S. Department of Homeland Security Washington, DC 20528

Homeland Security
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 of responding 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 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. 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 the relationship 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 drafts from 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 of the 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.

U.S. Department of Homeland Security Washington, DC 20528

Homeland Security
Sincerely,

James W. McNeely Counsel for Civil Liberties Programs

Enclosures:

CRCL Response to Requester, dated December 19, 2008 FOIA Request, dated June 27, 2007 Potentially Responsive Documents, (24 pages)

U.S. Department of Homeland Security Washington, D.C. 20528

Homeland Security
[DATE] [NAME OF REQUESTER] [TITLE] [COMPANY] [ADDRESS] [CITY, STATE + ZIP] Re: [CASE NUMBER] Dear [MR/MS.] [REQUESTER LAST NAME]: This acknowledges receipt of [OR… This is in further response to] your Freedom of Information Act (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 may contact [FOIA OFFICER’S 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, along with 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,

[FOIA OFFICER NAME] [OFFICIAL TITLE]

U.S. Department of Homeland Security Washington, D.C. 20528

Homeland Security
[DATE] MEMORANDUM FOR: [NAME OF FOIA OFFICER], FOIA Officer [DHS COMPONENT] [NAME OF FOIA OFFICER], FOIA Officer [DHS COMPONENT] [CASE NUMBER]

FROM:

SUBJECT:

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.

U.S. Department of Homeland Security Washington, DC 20528

Homeland Security
[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 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 third party. 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. OR In 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 obituary column. 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].

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]

www.dhs.gov

U.S. Department of Homeland Security Washington, DC 20528

Homeland Security
[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 Freedom of Information Act (FOIA) 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 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 provide access 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 we are 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 as to the status of your request. Your request has been assigned reference number [Case Number]. Please refer to this identifier in any future correspondence. You may contact this office at [Telephone Number]. Sincerely,

[Name of FOIA Officer] [Official Title]

U.S. Department of Homeland Security Washington, DC 20528

Homeland Security
[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 Freedom of Information Act (FOIA) request to the 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 scope or 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 information about 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 do not 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.

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 be advised 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 identifier in any future correspondence. You may contact this office at 00 . Sincerely,

. FOIA Officer

www.dhs.gov

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 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 [Referring Agency], dated [Request Date], and seeking [Description of Request]. While processing your request, the [Referring Agency] located records that fall under the purview of the Department of Homeland 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 and direct 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 your request under both the FOIA, 5 U.S.C. § 552, and the Privacy Act, 5 U.S.C. § 552a. Information about an individual that is maintained in a Privacy Act system of records may be accessed by that individual 1 unless the agency has exempted the system of records from the access provisions of the Privacy Act. 2 However, I determined that none of the withheld information is maintained in 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 your request under both the FOIA, 5 U.S.C. § 552, and the Privacy Act, 5 U.S.C. § 552a. Information about an individual that is maintained in a Privacy Act system of records may be accessed by

1 2

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

that individual 3 unless the agency has exempted the system of records from the access provisions of the Privacy Act. 4 [IF PRIVACY ACT INVOLVED, NEED TO IDENTIFY THE SYSTEM OF RECORDS AND ANY APPLICABLE EXEMPTIONS] [SEE PRIVACY ACT EXEMPTION TEMPLATE] OPTION 1: USE IF NO DISCRETIONARY RELEASE IS MADE - DELETE PORTIONS NOT NEEDED: A search of [NAMES OFFICES SEARCHED] for documents responsive to your request produced a total of [XXX] pages. Of those pages, I have determined that [XXX] pages of the records are releasable in their entirety, [XXX] pages are partially releasable, and [XXX] pages are withheld in their entirety pursuant to Title 5 U.S.C. § 552 [ENTER APPROPRIATE EXEMPTION 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 HAVE DISCRETIONARILY OPTED TO RELEASE IN PART ( DISCRETIONARY DISCLOSURE) - DELETE PORTIONS NOT NEEDED: A search of [NAMES OFFICES SEARCHED] for documents responsive to your request produced a total of [XXX] pages. As a result of discussion between agency personnel [OR LIST COMPONENT] and a member of my staff, as a matter of administrative discretion, I am releasing [DESCRIBE DOCUMENTS]. I have determined that [XXX] pages of the records are releasable in their entirety, [XXX] pages are partially releasable, and [XXX] pages are withheld in their entirety pursuant to Title 5 U.S.C. § 552 [ENTER APPROPRIATE EXEMPTION 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)]. Enclosed are [#] pages with certain information withheld as described below. [ENTER EXEMPTION PARAGRAPHS, AS APPROPRIATE.] [SEE FOIA EXEMPTION TEMPLATE.] OR [SPELL OUT NUMBER ] pages are withheld in full as described below. [SEE FOIA EXEMPTION TEMPLATE.] You have a right to appeal the above withholding determination. Should you wish to do so, you must 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 4

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

envelope and letter should be marked “FOIA Appeal.” Copies of the FOIA and DHS regulations are available at www.dhs.gov/foia. The Office of Government Information Services (OGIS) also mediates disputes between FOIA requesters 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 that OGIS does not have the authority to handle requests made under the Privacy Act of 1974. If you wish to contact OGIS, you may email them at ogis@nara.gov or call 1-877-684-6448. NO FEES Provisions of the FOIA [AND PRIVACY ACT] allow us to recover part of the cost of complying with your request. In this instance, because the cost is below the $14 minimum, there is 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 of complying 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 United States. 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 [CASE NUMBER] on your check or money order and attach it to a copy of this letter. The Department may institute collection action pursuant to Federal debt collection statutes, which provide for recovery of interest, administrative and penalty charges for handling a delinquent debt owed to the 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

Office for Civil Rights and Civil Liberties U.S. Department of Homeland Security Washington, DC 20528

[DATE]

[FOIA REQUESTER NAME] [TITLE] [COMPANY] [ADDRESS] [CITY, STATE + ZIP] Re: [CASE NUMBER] Dear [MR/MS.] [REQUESTER LAST NAME]: 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]. This office received your request on [DATE]. In responding to a FOIA request, the DHS/[COMPONENT] will search for responsive documents 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 DHS’ implementing regulations, 6 C.F.R. Chapter I and Part 5. After carefully reviewing the responsive documents [OR DESCRIBE DOCUMENTS], I determined that they are appropriate for public release. They are enclosed in their entirety; no deletions or exemptions have been claimed. NO FEES Provisions of the FOIA allow us to recover part of the cost of complying with your request. In this instance, because the cost is below the $14 minimum, there is no charge. FEES ASSESSED Provisions of the FOIA allow us to recover part of the cost of complying 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 United States. 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 [CASE NUMBER] on your check or money order and attach it to a copy of this letter. The Department may institute collection action pursuant to Federal debt collection statutes, which provide for recovery of interest, administrative and penalty charges for handling a delinquent debt owed to the government. If you need to contact us about this request, please refer to [CASE NUMBER]. You may contact this office at. Sincerely,

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