Faith Based Czar Communication (DHS)

Jason Smathers filed this request with the Department of Homeland Security of the United States of America.
Tracking # FEMA 11-509 ; 2014-HQFO-00278; 2014-HQAP-00067
Status
Completed

Communications

From: Jason Smathers

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

All records of communication between your agency and the White House Office of Faith-based and Neighborhood Partnerships including but not limited to emails, letters or other communication to and from Joshua DuBois or any member of his staff.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Jason Smathers
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
Daytime: (617) 299-1832
For mailed responses, please address:
MuckRock
185 Beacon St. #3
Somerville, MA 02143

From: Homeland Security

Mr. Smathers,

Just to follow up the voicemail message I left for you earlier this afternoon, we need to clarify the scope of your December 20, 2010, FOIA request for “all records of communication between your agency and the White House Office of Faith-based and Neighborhood Partnerships including but not limited to emails, letters or other communication to and from Joshua DuBois or any member of his staff.”

Please contact me at your earliest convenience to discuss this request in order that we may move forward with the search.

Regards,

Elizabeth Moss
FOIA Specialist
Office of Privacy
Department of Homeland Security
703-235-0348

From: MuckRock.com

Spoke with Department of Homeland Security, which in particular wanted clarification on following issues:
  • Do you mean privacy office, and which component of DHS might have records? We have 21 components and want to make sure that this is tasked to right component. Secret service, FEMA, coast guard, etc. Privacy office records or executive secretariat?
  • Time frame would be great or an event around which this would have been generated.
  • The requests mention faith-based partnerships which pre-date Obama administration, so should this request start before the appointment or not?
  • Circumstances under which records would have been generated?

From: Jason Smathers

You can limit responsive records to those generated on or after 1.20.2010 by the following DHS component:

Federal Centers for Faith-based and Neighborhood Partnerships
Center at the U.S. Department of Homeland Security (DHS)
Phone: (202) 646-3487
Email: infofbci@dhs.gov
Website: http://www.dhs.gov/fbci

From: Department of Homeland Security

From: FEMA

From: FEMA

From: Office of Privacy

Mr. Smathers,

Following up on a voicemail I left for you last week, we will need to further narrow your request for records generated on or after January 20, 2010, by the Federal Centers for Faith-based and Neighborhood Partnerships Center. I have been informed that as it is currently written, your request would involve searching hundreds of thousands of pages or records created during the 13-month timeframe you specify.

To assist us with providing a more timely and accurate response to your request, we recommend the following action: narrowing your request to include records related to a specific topic or topics and/or records of a specific type, e.g., reports, memoranda, etc.

Please do not hesitate to contact me if I may be of further assistance.

Regards,

Elizabeth Moss
FOIA Specialist
Office of Privacy
Department of Homeland Security
703-235-0348

From: Jason Smathers

You can limit responsive records to those created by the White House Office of Faith-based and Neighborhood Partnerships which were sent to the Federal Centers for Faith-based and Neighborhood Partnerships Center at the U.S. Department of Homeland Security (DHS) office.

From: Department of Homeland Security

From: Jason Smathers

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Jason Smathers

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Jason Smathers

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Jason Smathers

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: "FOIA" <Foia@dhs.gov>

Good Morning,

Your request is being processed by the FOIA office within Federal Emergency Management Agency (FEMA). It was last transferred there on May 11, 2011. The DHS Privacy Office FOIA number for this case is PRIV 11-0285. Please contact the FEMA FOIA office for the current status to your request:

Federal Emergency Management Agency

FOIA Officer

500 C Street, S.W., Room 840

Washington, D.C. 20472

FOIA Officer/Requester Service Center Contact: Dr. Anthony Bennett

Phone: 202-646-3323

Fax: 202-646-3347

E-mail: fema-foia@dhs.gov

Regards,

DHS FOIA,

Privacy Office

From: Jason Smathers

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #PRIV 11-0285.

Thank you for your help.

From: Jason Smathers

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #PRIV 11-0285.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #PRIV 11-0285.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #PRIV 11-0285.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #PRIV 11-0285.

Thank you for your help.

From: FEMA-FOIA <FEMA-FOIA@fema.dhs.gov>

Good Morning Mr. Smathers:

This e-mail is in regards to your FOIA request, FEMA 11-509 . The status of your request is as follows. We have received responses from the program offices and the first-line processor is currently reviewing the documents to determine the releasability of the information.

Currently, there are 393 FOIA requests pending in this office. These requests are at various stages in the process. Please be advised, however, that the processor assigned to your request has 35 of the 393 and 11 requests that are pending review prior to yours. Moreover, regarding the stages in the process, the Disclosure Branch has a multi-tiered FOIA review process. Once we receive records, the first-line processor reviews the documents and determines the releasability. Then, the first-line processor's review determination is referred to the assigned team leader for review. If the team leader has no matters to amend, the review is referred to FEMA's Office of Chief Counsel (OCC) for legal review, to ensure compliance with the FOIA statute and applicable Department of Homeland Security regulations. If OCC has no matters to amend, the final review determination is routed to the Disclosure Branch Chief for signature and final release. If at any time during this review process there is a question with the release determination, the review process starts at the beginning, i.e., the documents are returned to the first-line processor to address the concerns, recommendations, and modifications identified during the team leader and OCC reviews. After the concerns, recommendations, and modifications are addressed by the first-line processor, the corrected release determination is then submitted for concurrence by the team leader for final signature of the Disclosure Branch Chief.

Should you have any additional concerns, you may contact us at FEMA-FOIA@dhs.gov<mailto:FEMA-FOIA@dhs.gov> or (202) 646-3323. With all of your future communications to this office regarding this request, please reference the tracking number (FEMA 11-509) provided in your acknowledgment letter.

We certainly understand the importance of your request and are working diligently to provide the information you have requested. Thank you for your continued patience.

We trust this has been responsive to your inquiry.

Sincerely,

The FEMA Disclosure Branch

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

From: Jason Smathers

Hello,

Please provide an update on the status of this request.

Thank you.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

From: FEMA-FOIA

Good afternoon Mr. Smathers:

Please see the attachment re FEMA 11-509's administrative closure.

Thank you.

The FEMA Disclosure Branch

From: MuckRock

Hello,

Per the attached letter, this request has been transferred to the DHS Privacy Office. Please confirm receipt.

Thank you.

From: FOIA

Good afternoon,

Since you are looking for records that FEMA holds, please see their contact information below and resubmit your request accordingly:

Federal Emergency Management Agency (FEMA)
FOIA Officer
500 C Street, S.W., Room 840
Washington, D.C. 20472
FOIA Officer/Public Liaison: Terry Cochran
Phone: 202-646-3323
Fax: 202-646-3347
E-mail: fema-foia@dhs.gov
Regards,

The Privacy Office
U.S. Department of Homeland Security
245 Murray Lane SW
STOP-0655
Washington, D.C. 20528-0655
Phone: 202-343-1743 or 866-431-0486
Fax: 202-343-4011
E-mail: foia@hq.dhs.gov

This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you.

From: MuckRock

Hello,

Please see the attached closure letter from FEMA transferring this request to the DHS Privacy Office. Please provide an update on this request.

Thank you.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

From: FOIA

Good afternoon,

Since you are requesting records that FEMA may hold, please see there contact information below and resubmit your request accordingly.

Federal Emergency Management Agency (FEMA)
FOIA Officer
500 C Street, S.W., Room 840
Washington, D.C. 20472
FOIA Officer/Public Liaison: Terry Cochran
Phone: 202-646-3323
Fax: 202-646-3347
E-mail: fema-foia@dhs.gov
Regards,

The Privacy Office
U.S. Department of Homeland Security
245 Murray Lane SW
STOP-0655
Washington, D.C. 20528-0655
Phone: 202-343-1743 or 866-431-0486
Fax: 202-343-4011
E-mail: foia@hq.dhs.gov

This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you.

From: MuckRock

This communication is in regards to the FOIA request copied below. FEMA has already been contacted regarding this request. The agency has referred the request back to the DHS Privacy Office per the attached communication.

Thank you.

From: FOIA

Good afternoon,

Since you are requesting records that FEMA may hold, please see there contact information below and resubmit your request accordingly.

Federal Emergency Management Agency (FEMA)
FOIA Officer
500 C Street, S.W., Room 840
Washington, D.C. 20472
FOIA Officer/Public Liaison: Terry Cochran
Phone: 202-646-3323
Fax: 202-646-3347
E-mail: fema-foia@dhs.gov
Regards,

The Privacy Office
U.S. Department of Homeland Security
245 Murray Lane SW
STOP-0655
Washington, D.C. 20528-0655
Phone: 202-343-1743 or 866-431-0486
Fax: 202-343-4011
E-mail: foia@hq.dhs.gov

This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you.

From: Jason Smathers

This communication is in regards to the request copied below.

Both the FEMA and Privacy Offices of DHS have been asked to address this request. Neither have done so and each have referred the request back to the other.

Please advise.

Thank you.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

From: FOIA

Good afternoon,

Since you are requesting records that FEMA may hold, please see there contact information below and resubmit your request accordingly.

Federal Emergency Management Agency (FEMA)
FOIA Officer
500 C Street, S.W., Room 840
Washington, D.C. 20472
FOIA Officer/Public Liaison: Terry Cochran
Phone: 202-646-3323
Fax: 202-646-3347
E-mail: fema-foia@dhs.gov
Regards,

The Privacy Office
U.S. Department of Homeland Security
245 Murray Lane SW
STOP-0655
Washington, D.C. 20528-0655
Phone: 202-343-1743 or 866-431-0486
Fax: 202-343-4011
E-mail: foia@hq.dhs.gov

This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you.

From: Hawkins, Christopher

Good Morning Mr. Musgrave,

Please find enclosed within the above attachment the response to case 11-509 that was previously sent to you.

From: Jason Smathers

FOIA Appeal

To: FEMA appeals authority AND DHS Privacy Office appeals authority

Re: FEMA FOIA 11-509 and DHS/OS/PRIV 11-0285

Dear appeals authority:

This is an appeal under the Freedom of Information Act. My request made in December of 2010 has been repeatedly referred back and forth between the DHS Privacy Office and the FEMA FOIA office for 3.5 years without either office providing the sought records. I appeal the constructive denial of my request.

On December 12, 2010 I requested the following from the DHS Privacy Office under the FOIA: “All records of communication between your agency and the White House Office of Faith-based and Neighborhood Partnerships including but not limited to emails, letters or other communication to and from Joshua DuBois or any member of his staff.”
On January 4, 2011, I limited my request as follows: “You can limit responsive records to those generated on or after 1.20.2010 by the following DHS component: Federal Centers for Faith-based and Neighborhood Partnerships - Center at the U.S. Department of Homeland Security (DHS) - Phone: (202) 646-3487 - Email: infofbci@dhs.gov - Website: http://www.dhs.gov/fbci”

Via letter dated January 7, 2011 and signed by Angela Washington, the request was acknowledged and assigned tracking number DHS/OS/PRIV 11-0285. In this acknowledgement, the request was referred to FEMA for processing and direct response. FEMA acknowledged the request via letter dated January 28, 2011 which assigned tracking number FEMA FOIA 11-509.

On Feburary 9, 2011, FEMA referred my request back to the DHS Privacy Office via a letter signed by Anthony Bennett.

On Feburary 15, 2011, Elizabeth Moss, FOIA Specialist Office of Privacy, DHS, requested that I narrow the scope of my request. On Feburary 17, 2011, I provided the following response: “You can limit responsive records to those created by the White House Office of Faith-based and Neighborhood Partnerships which were sent to the Federal Centers for Faith-based and Neighborhood Partnerships Center at the U.S. Department of Homeland Security (DHS) office.”

In a letter dated May 10, 2011, Elizabth Moss referred my request back to the FEMA FOIA office.

I requested status updates on May 23, 2011, June 7, 2011, June 22, 2011, and July 8, 2011. On July 11, 2011 I was told by the DHS Privacy office to contact FEMA directly for a status update.

I submitted additional requests for status updates on November 29, 2011, January 10, 2012, and Febnurary 26, 2012. I finally received a status update from FEMA on March 1, 2012. In this email, FEMA stated “This e-mail is in regards to your FOIA request, FEMA 11-509 . The status of your request is as follows. We have received responses from the program offices and the first-line processor is currently reviewing the documents to determine the releasability of the information.”

I submitted additional requests for status updates on May 8, 2012, June 7, 2012, August 14, 2012, September 13, 2012, October 13, 2012, November 12, 2012, December 12, 2012, January 15, 2013, February 14, 2013, April 4, 2013, May 15, 2013, June 14, 2013, July 14, 2013, August 13, 2013, September 12, 2013, September 25, 2013, October 25, 2013, and November 24, 2013. After these eighteen requests for a status update over the course of eighteen months, I finally received a reply from FEMA which was dated September 7, 2012 – oddly over fourteen months before I received it which is particularly egregious considering I was requesting frequent status updates over those fourteen months that went unanswered. In this letter dated September 7, 2012, FEMA had referred my request back to the Department of Homeland Security Privacy Office.

On November 26, 2013, I sent a copy of FEMA’s letter which referred the request to the DHA Privacy office to the DHS Privacy office asking them to confirm that they are processing my request. On December 2, 2013, the DHS Privacy office responded saying that FEMA has the records I am seeking and I should contact them directly. On January 8, 2014 I provided the DHS Privacy office a copy of the letter that FEMA sent closing my request and referring me to the DHS Privacy office and again asked them for an update. I sent subsequent requests for status updates on February 7, 2014, March 9, 2014 and April 8, 2014. The April 8, 2014 request for a status update was responded to on the same day asking me to contact FEMA for a status update. I responded back the same day stating “This communication is in regards to the FOIA request copied below. FEMA has already been contacted regarding this request. The agency has referred the request back to the DHS Privacy Office per the attached communication.” DHS responded again with an identical response to their earlier response which simply referred me to FEMA. I responded back stating “Both the FEMA and Privacy Offices of DHS have been asked to address this request. Neither have done so and each have referred the request back to the other.” But DHS did not respond any further.

On May 8, 2014, I once again requested a status update from DHS and FEMA. DHS provided their template response that I have seen many times informing me that I must contact FEMA. FEMA also provided a copy of their earlier response referring me to DHS.

After three and a half years, DHS continues to tell me that FEMA must respond to my request and FEMA continues to tell me that DHS must respond to me request. Therefore, I appeal the constructive denial of my request for records under the Freedom of Information Act.

Regards,
Jason Smathers

From: Lasko, Linda

Mr. Smathers,

Attached, please find an acknowledgment of your appeal related to FOIA # DHS/OS/PRIV 11-0285.

Sincerely,
U.S. Department of Homeland Security

202-343-1743 (Main FOIA Number)

Visit our FOIA website

This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you.

From: Meus, Lauren M CIV

Mr. Smathers:

Please find attached the FOIA appeal decision issued by Judge Metry's office.

Thank you,

Lauren Meus
Hearing Docket Clerk

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509 ; 2014-HQFO-00278; 2014-HQAP-00067.

Thank you for your help.

From: Lasko, Linda

Mr. Smathers,

Attached, please find a letter regarding the status of your request/appeal to DHS/FEMA; I apologize if you did not previously receive this letter. The DHS Privacy Office, not FEMA, is processing your case and expects to make a release within two weeks.

Sincerely,

Linda Lasko
FOIA Program Specialist
Privacy Office
U.S. Department of Homeland Security

202-343-1743 (Main FOIA Number)
202-343-4011 (Fax)

Visit our FOIA website

This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you.

-----Original Message-----
From: requests@muckrock.com<mailto:requests@muckrock.com> [mailto:requests@muckrock.com]
Sent: Monday, August 11, 2014 5:00 AM
To: Meus, Lauren M CIV
Cc: FEMA-FOIA; FEMA-FOIA; FOIA
Subject: RE: Freedom of Information Request #FEMA 11-509 ; 2014-HQFO-00278; 2014-HQAP-00067

August 11, 2014

Department of Homeland Security

U.S. Department of Homeland Security

Privacy Office

Director, Disclosure & FOIA

245 Murray Drive SW, Building 410

STOP-655

Washington, D.C. 20528-0655

This is a follow up to request number FEMA 11-509 ; 2014-HQFO-00278; 2014-HQAP-00067:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509 ; 2014-HQFO-00278; 2014-HQAP-00067.

Thank you for your help.

---

On July 10, 2014:

Mr. Smathers:

Please find attached the FOIA appeal decision issued by Judge Metry's office.

Thank you,

Lauren Meus

Hearing Docket Clerk

---

On May 22, 2014:

Mr. Smathers,

Attached, please find an acknowledgment of your appeal related to FOIA # DHS/OS/PRIV 11-0285.

Sincerely,

U.S. Department of Homeland Security

202-343-1743 (Main FOIA Number)

Visit our FOIA website

This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you.

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On May 9, 2014:

FOIA Appeal

To: FEMA appeals authority AND DHS Privacy Office appeals authority

Re: FEMA FOIA 11-509 and DHS/OS/PRIV 11-0285

Dear appeals authority:

This is an appeal under the Freedom of Information Act. My request made in December of 2010 has been repeatedly referred back and forth between the DHS Privacy Office and the FEMA FOIA office for 3.5 years without either office providing the sought records. I appeal the constructive denial of my request.

On December 12, 2010 I requested the following from the DHS Privacy Office under the FOIA: “All records of communication between your agency and the White House Office of Faith-based and Neighborhood Partnerships including but not limited to emails, letters or other communication to and from Joshua DuBois or any member of his staff.”

On January 4, 2011, I limited my request as follows: “You can limit responsive records to those generated on or after 1.20.2010 by the following DHS component: Federal Centers for Faith-based and Neighborhood Partnerships - Center at the U.S. Department of Homeland Security (DHS) - Phone: (202) 646-3487 - Email: infofbci@dhs.gov<mailto:infofbci@dhs.gov> - Website: http://www.dhs.gov/fbci”

Via letter dated January 7, 2011 and signed by Angela Washington, the request was acknowledged and assigned tracking number DHS/OS/PRIV 11-0285. In this acknowledgement, the request was referred to FEMA for processing and direct response. FEMA acknowledged the request via letter dated January 28, 2011 which assigned tracking number FEMA FOIA 11-509.

On Feburary 9, 2011, FEMA referred my request back to the DHS Privacy Office via a letter signed by Anthony Bennett.

On Feburary 15, 2011, Elizabeth Moss, FOIA Specialist Office of Privacy, DHS, requested that I narrow the scope of my request. On Feburary 17, 2011, I provided the following response: “You can limit responsive records to those created by the White House Office of Faith-based and Neighborhood Partnerships which were sent to the Federal Centers for Faith-based and Neighborhood Partnerships Center at the U.S. Department of Homeland Security (DHS) office.”

In a letter dated May 10, 2011, Elizabth Moss referred my request back to the FEMA FOIA office.

I requested status updates on May 23, 2011, June 7, 2011, June 22, 2011, and July 8, 2011. On July 11, 2011 I was told by the DHS Privacy office to contact FEMA directly for a status update.

I submitted additional requests for status updates on November 29, 2011, January 10, 2012, and Febnurary 26, 2012. I finally received a status update from FEMA on March 1, 2012. In this email, FEMA stated “This e-mail is in regards to your FOIA request, FEMA 11-509 . The status of your request is as follows. We have received responses from the program offices and the first-line processor is currently reviewing the documents to determine the releasability of the information.”

I submitted additional requests for status updates on May 8, 2012, June 7, 2012, August 14, 2012, September 13, 2012, October 13, 2012, November 12, 2012, December 12, 2012, January 15, 2013, February 14, 2013, April 4, 2013, May 15, 2013, June 14, 2013, July 14, 2013, August 13, 2013, September 12, 2013, September 25, 2013, October 25, 2013, and November 24, 2013. After these eighteen requests for a status update over the course of eighteen months, I finally received a reply from FEMA which was dated September 7, 2012 – oddly over fourteen months before I received it which is particularly egregious considering I was requesting frequent status updates over those fourteen months that went unanswered. In this letter dated September 7, 2012, FEMA had referred my request back to the Department of Homeland Security Privacy Office.

On November 26, 2013, I sent a copy of FEMA’s letter which referred the request to the DHA Privacy office to the DHS Privacy office asking them to confirm that they are processing my request. On December 2, 2013, the DHS Privacy office responded saying that FEMA has the records I am seeking and I should contact them directly. On January 8, 2014 I provided the DHS Privacy office a copy of the letter that FEMA sent closing my request and referring me to the DHS Privacy office and again asked them for an update. I sent subsequent requests for status updates on February 7, 2014, March 9, 2014 and April 8, 2014. The April 8, 2014 request for a status update was responded to on the same day asking me to contact FEMA for a status update. I responded back the same day stating “This communication is in regards to the FOIA request copied below. FEMA has already been contacted regarding this request. The agency has referred the request back to the DHS Privacy Office per the attached communication.” DHS responded again with an identical response to their earlier response which simply referred me to FEMA. I responded back stating “Both the FEMA and Privacy Offices of DHS have been asked to address this request. Neither have done so and each have referred the request back to the other.” But DHS did not respond any further.

On May 8, 2014, I once again requested a status update from DHS and FEMA. DHS provided their template response that I have seen many times informing me that I must contact FEMA. FEMA also provided a copy of their earlier response referring me to DHS.

After three and a half years, DHS continues to tell me that FEMA must respond to my request and FEMA continues to tell me that DHS must respond to me request. Therefore, I appeal the constructive denial of my request for records under the Freedom of Information Act.

Regards,

Jason Smathers

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On May 8, 2014:

Good Morning Mr. Musgrave,

Please find enclosed within the above attachment the response to case 11-509 that was previously sent to you.

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On May 8, 2014:

Good afternoon,

Since you are requesting records that FEMA may hold, please see there contact information below and resubmit your request accordingly.

Federal Emergency Management Agency (FEMA) FOIA Officer

500 C Street, S.W., Room 840

Washington, D.C. 20472

FOIA Officer/Public Liaison: Terry Cochran

Phone: 202-646-3323

Fax: 202-646-3347

E-mail: fema-foia@dhs.gov<mailto:fema-foia@dhs.gov>

Regards,

The Privacy Office

U.S. Department of Homeland Security

245 Murray Lane SW

STOP-0655

Washington, D.C. 20528-0655

Phone: 202-343-1743 or 866-431-0486

Fax: 202-343-4011

E-mail: foia@hq.dhs.gov<mailto:foia@hq.dhs.gov>

This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you.

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On May 8, 2014:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

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On April 8, 2014:

This communication is in regards to the request copied below.

Both the FEMA and Privacy Offices of DHS have been asked to address this request. Neither have done so and each have referred the request back to the other.

Please advise.

Thank you.

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On April 8, 2014:

Good afternoon,

Since you are requesting records that FEMA may hold, please see there contact information below and resubmit your request accordingly.

Federal Emergency Management Agency (FEMA) FOIA Officer

500 C Street, S.W., Room 840

Washington, D.C. 20472

FOIA Officer/Public Liaison: Terry Cochran

Phone: 202-646-3323

Fax: 202-646-3347

E-mail: fema-foia@dhs.gov<mailto:fema-foia@dhs.gov>

Regards,

The Privacy Office

U.S. Department of Homeland Security

245 Murray Lane SW

STOP-0655

Washington, D.C. 20528-0655

Phone: 202-343-1743 or 866-431-0486

Fax: 202-343-4011

E-mail: foia@hq.dhs.gov<mailto:foia@hq.dhs.gov>

This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you.

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On April 8, 2014:

This communication is in regards to the FOIA request copied below. FEMA has already been contacted regarding this request. The agency has referred the request back to the DHS Privacy Office per the attached communication.

Thank you.

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On April 8, 2014:

Good afternoon,

Since you are requesting records that FEMA may hold, please see there contact information below and resubmit your request accordingly.

Federal Emergency Management Agency (FEMA) FOIA Officer

500 C Street, S.W., Room 840

Washington, D.C. 20472

FOIA Officer/Public Liaison: Terry Cochran

Phone: 202-646-3323

Fax: 202-646-3347

E-mail: fema-foia@dhs.gov<mailto:fema-foia@dhs.gov>

Regards,

The Privacy Office

U.S. Department of Homeland Security

245 Murray Lane SW

STOP-0655

Washington, D.C. 20528-0655

Phone: 202-343-1743 or 866-431-0486

Fax: 202-343-4011

E-mail: foia@hq.dhs.gov<mailto:foia@hq.dhs.gov>

This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you.

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On April 8, 2014:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

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On March 9, 2014:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

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On Feb. 7, 2014:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

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On Jan. 8, 2014:

Hello,

Please see the attached closure letter from FEMA transferring this request to the DHS Privacy Office. Please provide an update on this request.

Thank you.

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On Dec. 2, 2013:

Good afternoon,

Since you are looking for records that FEMA holds, please see their contact information below and resubmit your request accordingly:

Federal Emergency Management Agency (FEMA) FOIA Officer

500 C Street, S.W., Room 840

Washington, D.C. 20472

FOIA Officer/Public Liaison: Terry Cochran

Phone: 202-646-3323

Fax: 202-646-3347

E-mail: fema-foia@dhs.gov<mailto:fema-foia@dhs.gov>

Regards,

The Privacy Office

U.S. Department of Homeland Security

245 Murray Lane SW

STOP-0655

Washington, D.C. 20528-0655

Phone: 202-343-1743 or 866-431-0486

Fax: 202-343-4011

E-mail: foia@hq.dhs.gov<mailto:foia@hq.dhs.gov>

This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you.

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On Nov. 26, 2013:

Hello,

Per the attached letter, this request has been transferred to the DHS Privacy Office. Please confirm receipt.

Thank you.

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On Nov. 26, 2013:

Good afternoon Mr. Smathers:

Please see the attachment re FEMA 11-509's administrative closure.

Thank you.

The FEMA Disclosure Branch

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On Nov. 24, 2013:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

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On Oct. 25, 2013:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

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On Sept. 25, 2013:

Hello,

Please provide an update on the status of this request.

Thank you.

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On Sept. 12, 2013:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

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On Aug. 13, 2013:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

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On July 14, 2013:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

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On June 14, 2013:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

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On May 15, 2013:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

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On April 4, 2013:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

---

On Feb. 14, 2013:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

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On Jan. 15, 2013:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

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On Dec. 12, 2012:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

---

On Nov. 12, 2012:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

---

On Oct. 13, 2012:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

---

On Sept. 13, 2012:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

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On Aug. 14, 2012:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

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On June 7, 2012:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

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On May 8, 2012:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 11-509.

Thank you for your help.

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On March 1, 2012:

Good Morning Mr. Smathers:

This e-mail is in regards to your FOIA request, FEMA 11-509 . The status of your request is as follows. We have received responses from the program offices and the first-line processor is currently reviewing the documents to determine the releasability of the information.

Currently, there are 393 FOIA requests pending in this office. These requests are at various stages in the process. Please be advised, however, that the processor assigned to your request has 35 of the 393 and 11 requests that are pending review prior to yours. Moreover, regarding the stages in the process, the Disclosure Branch has a multi-tiered FOIA review process. Once we receive records, the first-line processor reviews the documents and determines the releasability. Then, the first-line processor's review determination is referred to the assigned team leader for review. If the team leader has no matters to amend, the review is referred to FEMA's Office of Chief Counsel (OCC) for legal review, to ensure compliance with the FOIA statute and applicable Department of Homeland Security regulations. If OCC has no matters to amend, the final review determination is routed to the Disclosure Branch Chief for signature and final release. If at any time during this review process there is a question with the release determination, the review process starts at the beginning, i.e., the documents are returned to the first-line processor to address the concerns, recommendations, and modifications identified during the team leader and OCC reviews. After the concerns, recommendations, and modifications are addressed by the first-line processor, the corrected release determination is then submitted for concurrence by the team leader for final signature of the Disclosure Branch Chief.

Should you have any additional concerns, you may contact us at FEMA-FOIA@dhs.gov<mailto:FEMA-FOIA@dhs.gov<mailto:FEMA-FOIA@dhs.gov%3cmailto:FEMA-FOIA@dhs.gov>> or (202) 646-3323. With all of your future communications to this office regarding this request, please reference the tracking number (FEMA 11-509) provided in your acknowledgment letter.

We certainly understand the importance of your request and are working diligently to provide the information you have requested. Thank you for your continued patience.

We trust this has been responsive to your inquiry.

Sincerely,

The FEMA Disclosure Branch

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On Feb. 26, 2012:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #PRIV 11-0285.

Thank you for your help.

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On Feb. 26, 2012:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #PRIV 11-0285.

Thank you for your help.

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On Jan. 10, 2012:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #PRIV 11-0285.

Thank you for your help.

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On Nov. 29, 2011:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #PRIV 11-0285.

Thank you for your help.

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On Nov. 29, 2011:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #PRIV 11-0285.

Thank you for your help.

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On July 11, 2011:

Good Morning,

Your request is being processed by the FOIA office within Federal Emergency Management Agency (FEMA). It was last transferred there on May 11, 2011. The DHS Privacy Office FOIA number for this case is PRIV 11-0285. Please contact the FEMA FOIA office for the current status to your request:

Federal Emergency Management Agency

FOIA Officer

500 C Street, S.W., Room 840

Washington, D.C. 20472

FOIA Officer/Requester Service Center Contact: Dr. Anthony Bennett

Phone: 202-646-3323

Fax: 202-646-3347

E-mail: fema-foia@dhs.gov<mailto:fema-foia@dhs.gov>

Regards,

DHS FOIA,

Privacy Office

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On July 8, 2011:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

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On June 22, 2011:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

---

On June 7, 2011:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

---

On May 23, 2011:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 20, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

---

On May 11, 2011:

---

On Feb. 17, 2011:

You can limit responsive records to those created by the White House Office of Faith-based and Neighborhood Partnerships which were sent to the Federal Centers for Faith-based and Neighborhood Partnerships Center at the U.S. Department of Homeland Security (DHS) office.

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On Feb. 15, 2011:

Mr. Smathers,

Following up on a voicemail I left for you last week, we will need to further narrow your request for records generated on or after January 20, 2010, by the Federal Centers for Faith-based and Neighborhood Partnerships Center. I have been informed that as it is currently written, your request would involve searching hundreds of thousands of pages or records created during the 13-month timeframe you specify.

To assist us with providing a more timely and accurate response to your request, we recommend the following action: narrowing your request to include records related to a specific topic or topics and/or records of a specific type, e.g., reports, memoranda, etc.

Please do not hesitate to contact me if I may be of further assistance.

Regards,

Elizabeth Moss

FOIA Specialist

Office of Privacy

Department of Homeland Security

703-235-0348

---

On Feb. 9, 2011:

---

On Jan. 28, 2011:

---

On Jan. 18, 2011:

---

On Jan. 5, 2011:

You can limit responsive records to those generated on or after 1.20.2010 by the following DHS component:

Federal Centers for Faith-based and Neighborhood Partnerships Center at the U.S. Department of Homeland Security (DHS)

Phone: (202) 646-3487

Email: infofbci@dhs.gov<mailto:infofbci@dhs.gov>

Website: http://www.dhs.gov/fbci

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On Jan. 4, 2011:

Spoke with Department of Homeland Security, which in particular wanted clarification on following issues:

<ul>

<li>Do you mean privacy office, and which component of DHS might have records?

We have 21 components and want to make sure that this is tasked to right component. Secret service, FEMA, coast guard, etc. Privacy office records or executive secretariat?</li> <li>Time frame would be great or an event around which this would have been generated.</li> <li>The requests mention faith-based partnerships which pre-date Obama administration, so should this request start before the appointment or not?</li> <li>Circumstances under which records would have been generated?</li>

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On Jan. 3, 2011:

Mr. Smathers,

Just to follow up the voicemail message I left for you earlier this afternoon, we need to clarify the scope of your December 20, 2010, FOIA request for “all records of communication between your agency and the White House Office of Faith-based and Neighborhood Partnerships including but not limited to emails, letters or other communication to and from Joshua DuBois or any member of his staff.”

Please contact me at your earliest convenience to discuss this request in order that we may move forward with the search.

Regards,

Elizabeth Moss

FOIA Specialist

Office of Privacy

Department of Homeland Security

703-235-0348

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On Dec. 12, 2010:

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

All records of communication between your agency and the White House Office of Faith-based and Neighborhood Partnerships including but not limited to emails, letters or other communication to and from Joshua DuBois or any member of his staff.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Jason Smathers

Filed via MuckRock.com

E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>

Daytime: (617) 299-1832

For mailed responses, please address:

MuckRock

185 Beacon St. #3

Somerville, MA 02143

Filed via MuckRock.com

E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>

For mailed responses, please address (see note):

MuckRock News

DEPT MR 333

PO Box 55819

Boston, MA 02205-5819

PLEASE NOTE the new address as well as the fact that improperly addressed (i.e., with the requester's name rather than MuckRock News) requests might be returned by the USPS as undeliverable.

From: FOIA

Good afternoon,

As a follow up to the email below, I wanted to confirm if you received the attached acknowledgement letter? Additionally, we are currently waiting on clearance of your records and, following they should be able to released soon.

Regards,

The Privacy Office
U.S. Department of Homeland Security
245 Murray Lane SW
STOP-0655
Washington, D.C. 20528-0655
Phone: 202-343-1743 or 866-431-0486
Fax: 202-343-4011
E-mail: foia@hq.dhs.gov

This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you.

From: Jason Smathers

My last communication from you on this request is dated July 30, 2014 where I was told you have identified 1700 pages of responsive records and were reviewing them for release. I also saw you expected to make a release in two weeks. I have not yet seen these records. Can you please update me on the status of this request?
Thank you.

From: Tyrrell, Kevin

Mr. Smathers,

I am in receipt of your email inquiring about the disposition of the FOIA request and appeal you filed. Attached please find the Final response letter that was emailed to you on August 27, 2014 along with the records. I'm not sure why you did not receive them so I am sending them once again. The record set is 1700 page (23mb) so I had to break it into 2 parts so you will get two emails.

If you have any questions, please contact me at your earliest convenience.

Kevin

Kevin L. Tyrrell, J.D.
FOIA Litigation Specialist
Privacy Office
U.S. Department of Homeland Security
Main: 1.866.431.0486
Direct: (202) 343-1662
Fax: (202) 343-4011

From: Tyrrell, Kevin

Part 2 of 2.

Kevin L. Tyrrell, J.D.
FOIA Litigation Specialist
Privacy Office
U.S. Department of Homeland Security
Main: 1.866.431.0486
Direct: (202) 343-1662
Fax: (202) 343-4011

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