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FEMA Overpay FOIA Request

FEMA Overpay FOIA Request

Page 1: FEMA Overpay FOIA Request


Number of Pages:8

Date Created:May 30, 2012

Date Uploaded to the Library:February 20, 2014

Tags:Overpay, Fema, request, FOIA

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MODE 05/30 00:02 7032350443 
05/30/2012 00:05 JUDICIAL WATCH 2026450190 2026465172 000G8N646578 JudiciaIWatcli' 
425 Third SL, SW, Ste. ROO WashingtA:ln, 20024 Phone: 202..(!465 .Fax: 202646-5199 nternet: www 

Fax Urgent For Review Please Comment Please Reply 

TIME 05/30/2012 00:08 NAME JUDICIAL WATCH FAX 20264501g0 TEL 2026465172 
SER. 000G8N646578 

DATE, TIME 05/30 00:11 FAX NO./NAME 2026463347 DURATION 00:02:30 PAGE(S) RESULT 
425 Third St., SW, Ste. 800 Washington, 20024 Phone.: 202-646-S 172 Fax: 202-646-5199 Internet: www., 

To: From 
fl>k CM1e'F 

Phone: Pages: {including cover page) 
05/30/2012 00:14 JUDICIAL WATCH 
2026450190 2026455172 
Re: Urgent For Review Please Comment Please Reply 
05/30/2012 00:16 NAME JUDICIAL WATCH FAX 2026460190 
TEL 2026465172 
SER. 00068N646578 


Because onti above tlw law! 

May 30, 2012 
Deputy FOIA Chief Delores Barber Dept. Homeland Security 
Mail Stop-0655 
245 Murray Dr., S.W., Bldg. 410 Washington, D.C. 20528-0655 
.FOIA Chief Katherine Gallo Office the Inspector General Dept. Homeland Security Mail Stop-2600 
245 Murray Dr., S.W., Bldg. 410 Washington, D.C. 20528-0001 FOIA Chief Anthony Bennett Federal Emergency Mgmt Agency 
Department Homeland Secmity 500 Street, S.W., Rm. 840 
Washington, D.C. 20472 
Acting FOIA Chief Fernando Pineiro Office General Counsel Department Homeland Security 245 Murray Lane 
Mail Stop-3650 
Washington, D.C. 20528-000 
fEMA FOIA Office Records Management/Disclosure Branch 
1800 Bell St., 4th 
Mail Stop-3005 
Arlington, 22202 
Re: FOIA About Uncollected Food Shelter 
Dear Mmes. Barber Gallo, Messrs. Bennett Pineiro: 
The Department Homeland Security (DHS) yesterday published its lighDollar Overpayments Report for the Quarter Ending March 31, 2012."1 The report stated that Federal Emergency Management Agency (FEMA) overpayments disbursed via its Emergency Food Shelter Program (EfSP) the amount $362,484.63 had been outstanding for 137 days March 31, 2012. The report further stated that collection action was underway with respect the $362,484.63 improperly paid EFSP 
because FEMA was unclear the legality recovering such funds. 
Hence, pursuant the Freedom Information Act (FOIA), U.S.C.  552, Judicial Watch, Inc., (Judicial Watch) hereby requests that DHS, including its Office 

425 Third St., SW, Suite 800, Washington, 20024 Tel: (202) 646-5172or1-888-593-8442 FAX: (202) 646-5199 Email: 
inspector General (DHS-OIG) and Office General Counsel. (Df.IS-OGC), well FEMA, including its Chief Financial Officer (fEMA-OCfO) and EFSP, each produce the following records within twenty (20) business days: 
All communications respecting the legality rccovering improper payments any kind -including overpayments and wrongfu) payments -disbursed via PEMA's Emergency Food Shelter Program. 
The time frame for this request November 2011 through the present. placing this request, Judicial Watch directs your attention President Barack Obama's January 21, 2009 Memorandum concerning the Freedom Information Act which states: 
All agencies should adopt presumption favor disclosure, order renew their commitment the principles embodied FOIA ... The preswnption disclosure should applied all decisions involving FOIA. 
Freedom oflnforrnation Act. Pres. Mem. January 21, 2009, Fed. Reg. 4683. 
The memo urlher provides that "The Freedom Information Act should 
administered with clear presumption: the case doubt, openness prevails." 

Nevertheless, any responsive record portion thereof claimed exempt from production under FOIA, please provide sufficient identifying information with respect each allegedly exempt record portion thereof allow assess the propriety the claimed exemption. Vaughn Rosen, 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1974). addition, any reasonably segregable pottion responsive record must provided, after redaction any allegedly exempt material. 
u.s.c.  552(b). 
Judicial Watch also hereby requests waiver both search and duplication foes pursuant U.S.C.  552(a)(4)(A)(ii)(II) and (a)(4)(A)(iii). Judicial Watch entitled waiver search fees under U.S.C.  552(a)( 4)(A)(ii)(ll) because member the news media. L'f
National Security Archive Department ()f Defense, 880 F.2d 1381, 1387 (D.C. Cir. 989)(defining news media within FOTA context). Judicial Watch has also been recognized member the news media other FOIA litigation. See, e.g., .Judicial Watch, Inc. U.S. Department ofJustice, 133 Supp.2d (D.D.C. 2000); and, Judicial Watch, Inc. Department Defense, 2006 U.S. Dist. LEXIS 44003, 
(D.D.C. June 28, 2006). Judicial Watch regularly obtains information about the operations and activities government through FOIA and other means, uses its editorial 

May 30, 2012 
skills turn this information into distinct works, and publishes and disseminates these works the public. intends likewise with the records receives response this request. 
Judicial Watch also entitled complete waiver both search fees and duplication fees pursuant U.S.C.  552(a)(4)(A)(iii). Under this provision, records: 
shall furnished without any charge charge reduced below the fees established under clause (ii) disclosure the information the public interest because likely contribute significantly public understanding the operations activities government and not primarily the commercial interest the requester. U.S.C.  552(a)(4)(A)(iii). addition, records are not produced within twenty (20) business days, Judicial Watch entitled complete waiver search and duplication foes under Section 6(b) the OPEN Government Act of2007, which amended .FOTA U.S.C.  552 
(a)( )(A)(viii). 
Judicial Watch 50l(c)(3), not-for-profit, educational organization, and, definition, has commercial purpose. Judicial Watch exists educate the public about the operations and activities government, well increase public understanding about the importance ethics and the rule law government. The particular records requested herein are sought part Judicial Wateh's ongoing efforts docwnent the operations and activities the foderal government and educate the public about these operations and activities. Once Judicial Watch obtains the requested records, intends analyze them and disseminate the results its analysis, well the records themselves, special written report. Judicial Watch will also educate the public via radio programs, Judicial Watch's website, and/or newsletter, among other outlets. also will make the records available other members the media researchers upon request. Judicial Watch has proven ability disseminate information 
obtained through FOTA the public, demonstrated its Jong-standing and 
continuing public outreach efforts. 
Given these circumstances, Judicial watch entitled public interest fee 
waiver both search costs and duplication costs. Nonetheless, the event our request 
for waiver search and/or duplication costs denied, Judicial Watch willing pay $350.00 search and/or duplication costs. Judicial Watch requests that 
contacted before any such costs are incurred, order prioritize search and duplication 

DHS/DHS-IG/DHS-OGC FEMA-OCFOIFEMA-EFSP May30,2012 effort facilitate record production within the statutory time limit, JudiciaJ Watch willing accept documents electronic format (e.g. e-mail, .pdfs). When necessary, Judicial Watch will also accept the "rolling production" documents. Judicial Watch anticipates prompt receipt the requested documents and waiver both search and duplication costs within twenty (20) business days. Thank you for your timely compliance with aJl applicable laws. Secretary Janet Napolitano, Dep't Homeland Sec., Memo for Council lnsp. Gen. for Integrity Efficiency, "Quarterly High-Dollar Overpayments Report January March 2012," May 15, 2012, 611064653 .shtm.