Records Related to Distribution of Military Equipment to Law Enforcement Agencies under the 1033 Program and Homeland Security Grant Program for the Past Five Years

Jordan Lassiter filed this request with the Department of Homeland Security of the United States of America.

It is a clone of this request.

Tracking #

2023-HQFO-01408

Est. Completion None
Status
Fix Required

Communications

From: Jordan Lassiter

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

Related to the distribution of military equipment to law enforcement agencies under the 1033 Program, as well as any related information on the Homeland Security Grant Program, for the past five years. Specifically, I am requesting the following information:

Records of all requests made by law enforcement agencies for surplus military equipment, including the types of equipment requested and the justification for the request.
Records of all equipment distributed to law enforcement agencies under the 1033 Program and the Homeland Security Grant Program, including the types of equipment distributed, the quantity, and the receiving agencies.
Policies and procedures governing the distribution of surplus military equipment to law enforcement agencies, as well as any relevant guidance or training materials.
Records of any incidents involving the use of surplus military equipment by law enforcement agencies, including any investigations, disciplinary actions, or reports.
I request that any responsive records be provided to me without redactions or withholdings, except in cases where redactions or withholdings are required by law. Please note that the FOIA requires that any redactions or withholdings be limited to only the specific information that is exempt from disclosure under the FOIA, and that the agency must provide a justification for any such redactions or withholdings.

I also note that the FOIA requires agencies to provide the requested information in a timely manner. If the requested information is not provided within 20 business days, I reserve the right to pursue all legal remedies available to me.

To support my FOIA request, I would like to reference the case law of Judicial Watch, Inc. v. U.S. Dep’t of Justice, 365 F.3d 1108, 1113 (D.C. Cir. 2004), which holds that “governmental agencies bear the burden of showing that requested documents are exempt from disclosure under FOIA.” I would also like to reference the case law of Martin v. Dep’t of Justice, 488 F. Supp. 2d 443, 454 (D.D.C. 2007), which holds that “FOIA exemptions are to be narrowly construed, with any doubts resolved in favor of disclosure.”

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, 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,

Jordan Lassiter

From: Department of Homeland Security

07/19/2023Jordan LassiterN/AMuckRock News, DEPT MR144793263 Huntington AveBoston, Massachusetts 02115Re: 2023-HQFO-01408Dear Lassiter:This is to advise you of further action taken on your Freedom of Information Act/Privacy Act (FOIA/PA) request to the Department of Homeland Security (DHS), dated 4/19/2023, and seeking To Whom It May Concern:Pursuant to the Freedom of Information Act, I hereby request the following records:Related to the distribution of military equipment to law enforcement agencies under the 1033 Program, as well as any related information on the Homeland Security Grant Program, for the past five years. Specifically, I am requesting the following information:Records of all requests made by law enforcement agencies for surplus military equipment, including the types of equipment requested and the justification for the request.Records of all equipment distributed to law enforcement agencies under the 1033 Program and the Homeland Security Grant Program, including the types of equipment distributed, the quantity, and the receiving agencies.Policies and procedures governing the distribution of surplus military equipment to law enforcement agencies, as well as any relevant guidance or training materials.Records of any incidents involving the use of surplus military equipment by law enforcement agencies, including any investigations, disciplinary actions, or reports.I request that any responsive records be provided to me without redactions or withholdings, except in cases where redactions or withholdings are required by law. Please note that the FOIA requires that any redactions or withholdings be limited to only the specific information that is exempt from disclosure under the FOIA, and that the agency must provide a justification for any such redactions or withholdings.Your request was received in this office on 4/19/2023. After a careful review of your FOIA/PA request, we determined that the information you are seeking is not under the purview of DHS. The information you are seeking would be from the military. In an effort to assist you on this matter, we are providing you with the following link: https://www.dla.mil/FOIA/FOIA-Request/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. In regards to the request about the Homeland Security Grant Program, 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, 6 C.F.R. Part 5 §5.3(b) of the DHS FOIA regulations 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 Mr. 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.

Please resubmit your request containing a reasonable description of the records you are seeking. 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 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.
Your request has been assigned reference number 2023-HQFO-01408. Please refer to this identifier in any future correspondence with this office. If you have any questions, or would like to discuss this matter, please feel free to contact this office at 1- 866-431-0486 or 202-343-1743.
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