U.S. Department of Homeland Security Washington, DC 20528 Homeland Security Privacy Office, Mail Stop 0655 August 18, 2017 Austin Evers American Oversight 1030 15th Street, NW Suite B255 Washington, DC 20005 Re: 2017-HQFO-00918 Dear Mr. Evers: This is the final response to your Freedom of Information Act (FOIA) request to the Department of Homeland Security (DHS), dated May 03, 2017, and received by this office on June 14, 2017. You are seeking the following: 1. All communications with representatives of the National Border Patrol Council (NBPC) union—including, but not limited to: members of the NPBC Executive Committee: Brandon Judd, Paul Perez, Eric Sparkman, Albert Trevino, Art Del Cueto, Mike Egerton, Jon Anfinsen, Hector Garza, Chris Kraus, Rob Russell, and Bud Tuffy; and any locals, including 1613 (San Diego), 1929 (El Paso), 2366 (Del Rio), 2455 (Laredo), 2509 (Big Bend), 2544 (Tucson), 2554 (El Centro), 2595 (Yuma), and 3307 (Rio Grande Valley)— regarding the availability of funds for the construction of a wall, fence, or other physical or virtual barrier along the U.S.-Mexico border, or regarding the views of the union or union members on the desirability or effectiveness of such a wall, fence, or other barrier. 2. All communications with Congress, including any member of Congress or congressional staff, regarding the inclusion of funding for construction of a wall, fence, or other physical or virtual barrier along the U.S.-Mexico in any congressional resolutions or bills. 3. The search for responsive records should include individuals and locations where records are likely to exist, including but not limited to: the Office of the Commissioner, including the Commissioner, Chief of Staff, Deputy Chief of Staff, and Deputy Chief of Staff—Policy; the Office of the Deputy Commissioner, including the Deputy Commissioner and the Deputy Commissioner’s Chief of Staff; the Office of Congressional Affairs, including the Assistant Commissioner for Congressional Affairs; the U.S. Border Patrol, including the Office of the Chief, and the following sectors: San Diego, El Centro, Yuma, Tucson, El Paso, Big Bend, Del Rio, Laredo, and Rio Grande Valley (Date Range for Record Search: From 1/20/2017 To 5/3/2017). We conducted a comprehensive search for records that would be responsive to your request. Unfortunately, we were unable to locate or identify any responsive records. We also transferred the request to Customs and Border Patrol (CBP) as we determined that they may also have records responsive to this request. While an adequate search was conducted, you have the right to appeal this determination that no records exist that would be responsive to your request. Should you wish to do so, you must send your appeal and a copy of this letter, within 90 days of the date of this letter, to: Privacy Office, Attn: FOIA Appeals, U.S. Department of Homeland Security, 245 Murray Lane, SW, Mail Stop 0655, Washington, D.C. 20528-0655, following the procedures outlined in the DHS FOIA regulations at 6 C.F.R. Part 5 § 5.8. Your envelope and letter should be marked “FOIA Appeal.” Copies of the FOIA and DHS FOIA regulations are available at www.dhs.gov/foia. If you need any further assistance or would like to discuss any aspect of your request, please contact the analyst below who processed your request and refer to 2017-HQFO-00918. You may send an e-mail to foia@hq.dhs.gov, call 202-343-1743 or toll free 1-866-431-0486, or you may contact our FOIA Public Liaison in the same manner. Additionally, you have a right to right to seek dispute resolution services from the Office of Government Information Services (OGIS) which mediates disputes between FOIA requesters and Federal agencies as a nonexclusive alternative to litigation. If you are requesting access to your own records (which is considered a Privacy Act request), you should know that OGIS does not have the authority to handle requests made under the Privacy Act of 1974. You may contact OGIS as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769. Provisions of FOIA allow DHS to charge for processing fees, up to $25, unless you seek a waiver of fees. In this instance, because the cost is below the $25 minimum, there is no charge. Sincerely, Kevin L. Tyrrell Director FOIA Appeals and Litigation 2