Underlying documents: audit on border spending

Tanvi Misra filed this request with the Department of Homeland Security Office of Inspector General of the United States of America.
Tracking #

2019-IGFO-00228, 2019-IGFO-00230

Est. Completion None
Status
Fix Required

Communications

From: Tanvi Misra


To Whom It May Concern:

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

To Whom It May Concern:

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

1. All significant incident reports (SIRs) and significant event notifications (SENs) to date regarding the upcoming audit of the allocation of funds dispatched through H.R.3401, the Emergency Supplemental Appropriations for Humanitarian Assistance and Security at the Southern Border Act, 2019, which passed on June 25, 2019. (See: https://www.congress.gov/bill/116th-congress/house-bill/3401)

The report on this matter was referenced by Jennifer Costello, Acting Inspector General of the Homeland Security Department, at a hearing in front of the Senate Homeland Security and Government Affairs Committee on July 30, 2019. (See, starting 36:10: https://www.c-span.org/video/?463040-1/senate-homeland-security-hearing-migration-us-southern-border; "We're also looking at — since, Mr. Morgan, you were asking about it — we're going to audit how that aid is being spent. Not all of it but the consumables, medical access, things of that nature.")

2. All materials relied upon by DHS-OIG in the upcoming audit of the allocation of funds dispatched through H.R.3401, the Emergency Supplemental Appropriations for Humanitarian Assistance and Security at the Southern Border Act, 2019, which passed on June 25, 2019, as referenced by Acting IG Costello on July 30, 2019 at a hearing in front of the Senate Homeland Security and Government Affairs Committee — including, but not limited to, photographs, interview notes, and electronic or paper communications;

3. All communication to date with DHS agency components regarding the upcoming audit of the allocation of funds dispatched through H.R.3401, the Emergency Supplemental Appropriations for Humanitarian Assistance and Security at the Southern Border Act, 2019, which passed on June 25, 2019, as referenced by Acting IG Costello on July 30, 2019 at a hearing in front of the Senate Homeland Security and Government Affairs Committee — including, but not limited to, communication with Immigration and Customs Enforcement, Customs and Border Protection, Department of Health and Human Services, and Immigrant Health Services Corps;

3. All follow-up communications to date from OIG to any DHS agency component or Congressional liaisons and Appropriations Committee staff regarding the upcoming audit of the allocation of funds dispatched through H.R.3401, the Emergency Supplemental Appropriations for Humanitarian Assistance and Security at the Southern Border Act, 2019, which passed on June 25, 2019, as referenced by Acting IG Costello on July 30, 2019 at a hearing in front of the Senate Homeland Security and Government Affairs Committee;

4. All communications to date between OIG and subject-matter experts, regarding the upcoming audit of the allocation of funds dispatched through H.R.3401, the Emergency Supplemental Appropriations for Humanitarian Assistance and Security at the Southern Border Act, 2019, which passed on June 25, 2019, as referenced by Acting IG Costello on July 30, 2019 at a hearing in front of the Senate Homeland Security and Government Affairs Committee;

5. All completed drafts and forthcoming management alerts or reports on the audit of the allocation of funds dispatched through H.R.3401, the Emergency Supplemental Appropriations for Humanitarian Assistance and Security at the Southern Border Act, 2019, which passed on June 25, 2019, as referenced by Acting IG Costello on July 30, 2019 at a hearing in front of the Senate Homeland Security and Government Affairs Committee;

BACKGROUND

The Emergency Supplemental Appropriations for Humanitarian Assistance and Security at the Southern Border Act, 2019 (H.R.3401) was passed by Congress on June 25, 2019. It became public law on July 1, 2019. (Public Law No: 116-26).

It provides around $4.5 billion in FY2019 emergency supplemental appropriations to federal departments and agencies for humanitarian assistance and security to respond to migrants attempting to enter the United States at the southern border. The funding provided by this bill is designated as emergency spending, which is exempt from discretionary spending limits.

Within the Department of Homeland Security, the bill provides appropriations for U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and the Federal Emergency Management Agency.
The bill provides appropriations to the Department of Health and Human Services for the Administration for Children and Families.

The bill also sets forth requirements and restrictions for using funds provided by this bill.

In a hearing titled, "Unprecedented Migration at the U.S. Southern Border: What Is Required to Improve Conditions?" held on July 30 in front of the full Senate Homeland Security and Government Affairs Committee, Acting Inspector General Jennifer Costello testified, and provided a list of ongoing investigations. (See, starting 36:10: https://www.c-span.org/video/?463040-1/senate-homeland-security-hearing-migration-us-southern-border) Specifically, she mentioned a forthcoming report: "We're also looking at — since, Mr. Morgan, you were asking about it — we're going to audit how that aid is being spent. Not all of it but the consumables, medical access, things of that nature." That is the report to which the above requested documents pertain.

I am requesting these documents as a journalist who has been covering immigration issues for the last five years at The Atlantic. Founded in 1857 and today one of the fastest growing media platforms in the industry, The Atlantic has throughout its history championed the power of big ideas and continues to shape global debate across print, digital, events, video, and audio platforms. With its award-winning digital presence TheAtlantic.com and CityLab.com on cities around the world, The Atlantic is a multimedia forum on the most critical issues of our times—from politics, global, and the economy, to technology, arts, and culture.

Currently, I'm an immigration reporter at CQ-Roll Call, one of the oldest Congressional publications in the U.S with a track record of award winning non-partisan journalism — currently specializing in coverage of immigrant detention. I respectfully ask that this FOIA request be expedited, as it is in public interest for Congress and voters to know how this money was spent before FY 2020 spending on Homeland Security is negotiated come September.

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,

Tanvi Misra

From: Department of Homeland Security Office of Inspector General

Submitted on Tuesday, August 27, 2019 - 01:36
Submitted by user: Anonymous
Submitted values are:

Select the DHS component you wish to submit your request to: : Office of
Inspector General (OIG)
Title:
First Name: Tanvi
Middle Initial:
Last Name: Misra
Suffix:
Email Address: requests@muckrock.com
Country: United States
Address 1: MuckRock News, DEPT MR 79626
Address 2: 411A Highland Ave
City: Somerville
State: Massachusetts
Zip Code: 02144
Telephone Number: 6172991832
Fax Number:
Are you requesting records on yourself? No
If yes, you must check the perjury statement:
By initialing here you are providing your electronic signature.:
Please describe the records you are seeking as clearly and precisely as
possible:
To Whom It May Concern:

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

1. All significant incident reports (SIRs) and significant event
notifications (SENs) to date regarding the upcoming audit of the allocation
of funds dispatched through H.R.3401, the Emergency Supplemental
Appropriations for Humanitarian Assistance and Security at the Southern
Border Act, 2019, which passed on June 25, 2019. (See:
https://www.congress.gov/bill/116th-congress/house-bill/3401)

The report on this matter was referenced by Jennifer Costello, Acting
Inspector General of the Homeland Security Department, at a hearing in front
of the Senate Homeland Security and Government Affairs Committee on July 30,
2019. (See, starting 36:10:
https://www.c-span.org/video/?463040-1/senate-homeland-security-hearing-migration-us-southern-border;
"We're also looking at — since, Mr. Morgan, you were asking about it —
we're going to audit how that aid is being spent. Not all of it but the
consumables, medical access, things of that nature.")

2. All materials relied upon by DHS-OIG in the upcoming audit of the
allocation of funds dispatched through H.R.3401, the Emergency Supplemental
Appropriations for Humanitarian Assistance and Security at the Southern
Border Act, 2019, which passed on June 25, 2019, as referenced by Acting IG
Costello on July 30, 2019 at a hearing in front of the Senate Homeland
Security and Government Affairs Committee — including, but not limited to,
photographs, interview notes, and electronic or paper communications;

3. All communication to date with DHS agency components regarding the
upcoming audit of the allocation of funds dispatched through H.R.3401, the
Emergency Supplemental Appropriations for Humanitarian Assistance and
Security at the Southern Border Act, 2019, which passed on June 25, 2019, as
referenced by Acting IG Costello on July 30, 2019 at a hearing in front of
the Senate Homeland Security and Government Affairs Committee — including,
but not limited to, communication with Immigration and Customs Enforcement,
Customs and Border Protection, Department of Health and Human Services, and
Immigrant Health Services Corps;

3. All follow-up communications to date from OIG to any DHS agency component
or Congressional liaisons and Appropriations Committee staff regarding the
upcoming audit of the allocation of funds dispatched through H.R.3401, the
Emergency Supplemental Appropriations for Humanitarian Assistance and
Security at the Southern Border Act, 2019, which passed on June 25, 2019, as
referenced by Acting IG Costello on July 30, 2019 at a hearing in front of
the Senate Homeland Security and Government Affairs Committee;

4. All communications to date between OIG and subject-matter experts,
regarding the upcoming audit of the allocation of funds dispatched through
H.R.3401, the Emergency Supplemental Appropriations for Humanitarian
Assistance and Security at the Southern Border Act, 2019, which passed on
June 25, 2019, as referenced by Acting IG Costello on July 30, 2019 at a
hearing in front of the Senate Homeland Security and Government Affairs
Committee;

5. All completed drafts and forthcoming management alerts or reports on the
audit of the allocation of funds dispatched through H.R.3401, the Emergency
Supplemental Appropriations for Humanitarian Assistance and Security at the
Southern Border Act, 2019, which passed on June 25, 2019, as referenced by
Acting IG Costello on July 30, 2019 at a hearing in front of the Senate
Homeland Security and Government Affairs Committee;

BACKGROUND

The Emergency Supplemental Appropriations for Humanitarian Assistance and
Security at the Southern Border Act, 2019 (H.R.3401) was passed by Congress
on June 25, 2019. It became public law on July 1, 2019. (Public Law No:
116-26).

It provides around $4.5 billion in FY2019 emergency supplemental
appropriations to federal departments and agencies for humanitarian
assistance and security to respond to migrants attempting to enter the United
States at the southern border. The funding provided by this bill is
designated as emergency spending, which is exempt from discretionary spending
limits.

Within the Department of Homeland Security, the bill provides appropriations
for U.S. Customs and Border Protection, U.S. Immigration and Customs
Enforcement, and the Federal Emergency Management Agency.
The bill provides appropriations to the Department of Health and Human
Services for the Administration for Children and Families.

The bill also sets forth requirements and restrictions for using funds
provided by this bill.

In a hearing titled, "Unprecedented Migration at the U.S. Southern Border:
What Is Required to Improve Conditions?" held on July 30 in front of the full
Senate Homeland Security and Government Affairs Committee, Acting Inspector
General Jennifer Costello testified, and provided a list of ongoing
investigations. (See, starting 36:10:
https://www.c-span.org/video/?463040-1/senate-homeland-security-hearing-migration-us-southern-border)
Specifically, she mentioned a forthcoming report: "We're also looking at —
since, Mr. Morgan, you were asking about it — we're going to audit how that
aid is being spent. Not all of it but the consumables, medical access, things
of that nature." That is the report to which the above requested documents
pertain.

I am requesting these documents as a journalist who has been covering
immigration issues for the last five years at The Atlantic. Founded in 1857
and today one of the fastest growing media platforms in the industry, The
Atlantic has throughout its history championed the power of big ideas and
continues to shape global debate across print, digital, events, video, and
audio platforms. With its award-winning digital presence TheAtlantic.com and
CityLab.com on cities around the world, The Atlantic is a multimedia forum on
the most critical issues of our times—from politics, global, and the
economy, to technology, arts, and culture.

Currently, I'm an immigration reporter at CQ-Roll Call, one of the oldest
Congressional publications in the U.S with a track record of award winning
non-partisan journalism — currently specializing in coverage of immigrant
detention. I respectfully ask that this FOIA request be expedited, as it is
in public interest for Congress and voters to know how this money was spent
before FY 2020 spending on Homeland Security is negotiated come September.

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,

Tanvi Misra

Upload documents directly:
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fees for this request.
Please provide an explanation for your request for a fee waiver:
I am requesting these documents as a journalist who has been covering
immigration issues for the last five years at The Atlantic. Founded in 1857
and today one of the fastest growing media platforms in the industry, The
Atlantic has throughout its history championed the power of big ideas and
continues to shape global debate across print, digital, events, video, and
audio platforms. With its award-winning digital presence TheAtlantic.com and
CityLab.com on cities around the world, The Atlantic is a multimedia forum on
the most critical issues of our times—from politics, global, and the
economy, to technology, arts, and culture.

Currently, I'm an immigration reporter at CQ-Roll Call, one of the oldest
Congressional publications in the U.S with a track record of award winning
non-partisan journalism — currently specializing in coverage of immigrant
detention. I respectfully ask that this FOIA request be expedited, as it is
in public interest for Congress and voters to know how this money was spent
before FY 2020 spending on Homeland Security is negotiated come September.

The requested documents will be made available to the general public, and
this request is not being made for commercial purposes.
Please select and describe in detail if you believe your request warrants
expeditious handling:
Please provide information to support your selection:

From: Department of Homeland Security Office of Inspector General

Good afternoon Mr. Misra,

Attached you will find DHS OIG Final Responses to 2019-IGFO-00230 & 2019-IGFO-00228.

Please feel to contact the office if you have any questions.
Thanks,

Carlita Blocker

From: Tanvi Misra

Dear FOIA officer,

I hereby appeal the agency's denial of my request in its entirety. DHS-OIG has failed to demonstrate releasing even a single record could reasonably be expected to cause harm to an ongoing investigation, or why no reasonably segregable portions of responsive records can be released.

Please immediately remand to the agency a segregability analysis and release of non-exempt records.

Thank you,
Tanvi Misra

From: Tanvi Misra

Dear Ms. Blocker, or FOIA officer in charge,

I would like to check up on the status of my appeal. I would like to reiterate that I am happy to receive these documents with redactions of any sensitive information, or just the documents that the FOIA office determines are exempt from the stated FOIA exemption 5 USC 552 b(5).

Please provide these records to me on a rolling basis as your office processes them, rather than waiting to provide any records until all records are processed.

Please provide the responsive records as an email attachment to this address (or tanvimisra@cqrollcall.com). If you cannot provide them as an email attachment, please mail a CD-ROM (preferable) or a hard copy to:

Tanvi Misra
CQ Roll Call
1201 Pennsylvania Ave. NW, 6th floor
Washington, DC 20004

Thank you so much for your help with this request.

Sincerely,
Tanvi Misra

From: Department of Homeland Security Office of Inspector General

Good Morning,

You contacted the wrong office regarding the status of your requests. Please contact

FOIA Public Liaison
DHS-OIG Counsel
STOP 0305
245 Murray Lane, SW
Washington, D.C. 20528-0305
Phone: 202-981-6100
Fax: 202-245-5217
E-mail: FOIA.OIG@oig.dhs.gov<mailto:FOIA.OIG@oig.dhs.gov>
OIG Website<http://www.oig.dhs.gov/index.php?option=com_content&view=article&id=11&Itemid=77>
Regards,

DHS Privacy Office
Disclosure & FOIA Program
STOP 0655
Department of Homeland Security
245 Murray Drive, SW
Washington, DC 20528-0655
Telephone: 1-866-431-0486 or 202-343-1743
Fax: 202-343-4011
Visit our FOIA website

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