1300 Pennsylvania Avenue NW Washington, DC 20229 Sent via email through FOIAonline to: foia@americanoversight.org November 20, 2017 CBP-2017-041462 Austin Evers American Oversight 1030 15th Street NW Suite B255 Washington, DC 20005 Dear Mr. Evers: This is a final response to your Freedom of Information Act (FOIA) request to U.S. Customs and Border Protection (CBP), on behalf of American Oversight, in which you are seeking record of communications created between January 3, 2005 and October 31, 2006, concerning the legislation that was ultimately enacted as the Secure Fence Act of 2006 (Pub. L. 109–367). A search of CBP databases produced a total of three pages of records responsive to your request. CBP has determined that three pages of the records are partially releasable, pursuant to Title 5 U.S.C. § 552 (b)(6), (b)(7)(C). Uploaded to your FOIAonline account are three pages with certain information withheld as described below: FOIA Exemption (b)(6) exempts from disclosure personnel or medical files and similar files the release of which would cause a clearly unwarranted invasion of personal privacy. This requires a balancing of the public’s right to disclosure against the individual’s right privacy. The types of documents and/or information that we have withheld may consist of birth certificates, naturalization certificates, driver license, social security numbers, home addresses, dates of birth, or various other documents and/or information belonging to a third party that are considered personal. The privacy interests of the individuals in the records you have requested outweigh any minimal public interest in disclosure of the information. Any private interest you may have in that information does not factor into the aforementioned balancing test. FOIA Exemption (b)(7)(C) protects records or information compiled for law enforcement purposes that could reasonably be expected to constitute an unwarranted invasion of personal privacy. This exemption takes particular note of the strong interests of individuals, whether they are suspects, witnesses, or investigators, in not being unwarrantably associated with alleged criminal activity. That interest extends to persons who are not only the subjects of the investigation, but those who may have their privacy invaded by having their identities and information about them revealed in connection with an investigation. Based upon the traditional recognition of strong privacy interest in law enforcement records, categorical withholding of information that identifies third parties in law enforcement records is ordinarily appropriate. This completes the CBP response to your request. You may contact a FOIA Public Liaison by sending an email via your FOIAonline account, or call 202-325-0150. If you are not satisfied with the response to this request, you have a right to appeal the final disposition. Should you wish to do so, you must file your appeal within 90 days of the date of this letter following the procedures outlined in the DHS regulations at Title 6 C.F.R. §5.9. Please include as much information as possible to help us understand the grounds for your appeal. You should submit your appeal via FOIAonline by clicking on the “Create Appeal” button that appears when you view your initial request. If you do not have computer access, you may send your appeal and a copy of this letter to: FOIA Appeals, Policy and Litigation Branch, U.S. Customs and Border Protection, 90 K Street, NE, 10th Floor, Washington, DC 20229-1177. Your envelope and letter should be marked "FOIA Appeal." Copies of the FOIA and DHS regulations are available at www.dhs.gov/foia. Additionally, you have a 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 non-exclusive 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 1-877-6846448; or facsimile at 202-741-5769. Please notate file number CBP-2017-041462 on any future correspondence to CBP related to this request. Sincerely, Jodi Drengson FOIA Analyst, FOIA Division Office of Diversity and Civil Rights AMERICAN 06-08262 H.R. 6061, the "Secure Fence Act of 2006 aBP Date Received: nternal Routing Sheet 10/3/2006 CBP Tracking #: : .I. ICe Review Required? N9 (Circle Senior Associate Associate Chief #: I.: , (b)(6);(b)(7)(C) Date Due 10/5/2006 (b)(6);(b)(7)(C) Requests Review After Proofing? Date Assigned .Notes: Associate DHS Tracking j One) Chief: Author/Writer Author YES NO YES (Circle One) ' Chief Review: Approved i I Approved With Changes- .I" I --'It- Disapproved I Ii' ! Editing comPlete! I (Editor) Typist Editor's Proofing Senior Associate Chief's Deputy Chief's Approval Approval :-~: (Author) ! [: , , Ii ! ! [ I Ii t [,- : Subject H.R. 6061, the "Secure Fence Act of 2006 , Task/Comments -Memo to Commissioner from Assistnat Commissioner of Office of Con ressional Affairs I I OBP File Codes: ' . 06-08262 Rev. 9/2006 DHS-17-0043-A-000001 . U.S.Department of Homeland Security Washington, DC 20229 - U.S. Customs and Border Protection DATE: October 3,2006 MEMORANDUM FOR: COMMISSIONER FROM: Assistant Commissioner Office of Congressional Affairs SUBJECT: H.R. 6061, the "Secure Fence Act of 2006" H.R. 6061 passed the House of Representatives on September 14th and the Senate on September 29th1and is pending signature by the President. It contains the same language as was included in the larger comprehensive immigration legislation considered earlier in the 1OgthCongress. In an effort to provide maximum flexibility in the placement and funding of fencing and other barriers, the Office of Congressional Affairs is working with the Office of Chief Counsel to review the requirements of H.R. 6061 and the provisions in the Fiscal 2007 Homeland Security Appropriations Act. H.R. 6061 is comprised of five sections: Section 1: names the bill as the Secure Fence Act of 2006. Section 2: provides that within 18 months of enactment, the Secretary of Homeland Security shall take all actions deemed necessary and appropriate to achieve operational control of the land and maritime borders, to include systematic surveillance and physical infrastructure enhancements. Section 2 defines "operational control" as the prevention of all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband. It further requires an annual report on progress made toward achieving operational control of the borders. Section 3: calls for approximately 700 miles of double-layer fencing, and additional physical barriers, roads, lighting, cameras, and sensors, to be installed along five separate segments of the southwest border excepting portions with an elevation grade in excess of ten percent. With respect to infrastructure comprising most of the border in Arizona and South Texas, this section mandates completion deadlines in 2007 and 2008. While the manner in which Section 3 was drafted may create potential for confusion by what appears to have been an inadvertent overwriting of the DHS-17-0043-A-000002 specific mandate in 1996 to construct the San Diego 14-mile Border lnfrastructure System, and a clerical revision may therefore be appropriate, the position of the Department, particularly given that the fiscal year 2007'enrolled Homeland Security appropriation specifically provides funds for the San Diego Border Infrastructure System, is that the Congressional mandate to build the San Diego Border infrastructure System remains in force. Section 4: requires that the Secretary conduct a study, and produce a report of that study within one year of enactment, regarding the feasibility of a "state-ofthe-art infrastructure security system" along the northern land and maritime borders of the United States. Section 5: requires that within 30 days of enactment the Secretary perform an evaluation, and within 60 days of enactment produce a report, regarding the authority, equipment, and training of U.S. Customs and Border Protection to stop vehicles that illegally enter the United States. (b)(6);(b)(7)(C) cc: Deputy Commissioner Chief of Staff Chief, Border Patrol Chief Counsel DHS-17-0043-A-000003 U.S. Department of Homeland Security Washington, DC 20528 Homeland Security January 31, 2018 SENT VIA EMAIL TO: foia@americanoversight.org Austin R. Evers Executive Director American Oversight 1030 15th Street, NW Suite B255 Washington, DC 20005 Re: 2017-HQFO-00568 CBP-2017-041462 Dear Mr. Evers: This is the electronic final response to your March 21, 2017, Freedom of Information Act (FOIA) request to the Department of Homeland Security (DHS) for all communications concerning the legislation that was ultimately enacted as the Secure Fence Act of 2006 (Pub. L. 109-367) between DHS or its components and Congress, including congressional committees or staff. Please include any communications sent or received by DHS or its components, or communications upon which DHS or its components were copied from January 3, 2005, through October 31, 2006. This office received your request on March 21, 2017. In responding to a FOIA request, DHS/Privacy Office will search for responsive documents in its control on the date the search began. We began our search on April 7, 2017. A search of the Executive Correspondence Tracker (ECT) documents responsive to your request produced a total of 2 pages. We are granting your request under FOIA, 5 U.S.C. ? 552, and DHS FOIA regulations at 6 C.F.R. Part 5. After carefully reviewing the responsive documents I determined that they are appropriate for public release. The documents are enclosed in their entirety; DHS has claimed no deletions or exemptions. During our search for responsive records, our office located 15 pages of records that are under the purview of U. S. Customs & Border Protection (CBP). Therefore, I transferred your request, along with those responsive documents, to the FOIA Officer for CBP, 1300 Pennsylvania Avenue, NW, Room 3.3D, on January 19, 2018 for processing and direct response to you. You may contact the CBP FOIA Officer at 202-325-0150 and refer to case number CBP-2017041462. 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-00568. 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. Sincerely, LaEbony Livingston FOIA Specialist Enclosure(s): 2 Responsive Documents, 2 pages KAY GRANGER WA.SMINOTO'- DEPUTY MAJORITY WH IP COMMITTEE: DtSTRoCTOft=ICE: APPROPRIATIONS SUBCOMMIT TEES DEFENSE LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION omcc? 440 CANNON HOUSE OFFICE BUILDING WASHINGTON, O.C. 20515 1202) 225-5071 FAX (2021 22&-6683 12TH DISTRICT, TEXAS l AS RECOMMENDED BY THE TEXAS BORDER COALITION, AS AMENDED BY THE CITY OF LAREDO; AND A\1E!'-:DP,,,;GTHE CITY OF LAREDO FEDERAL AND STATE LEGISLATJVE AGENDAS TO INCLUDE SUCH. WHEREAS, the Texas Border Coalition has been a collective force of border Mayors, County Judges, and communities on issues that affect the City'.s way of life; and WHEREAS, the City of Laredo supports the Department of Home land Security when it states in its goals for the V.S. VISIT program that 1Joth the President of the United States and Congres.s mandated that border security enhancement not advers ely affect legitimate trade and travel. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAREDOTHAT: Section I: The City of Laredo City Council calls on Congress and The President of the Cnitcd Sta~es to approve legislatjon that: a. Strengthens border security; b. Includes a fair and efficient guest worker program.; c. Provides a path to citizenship for the millions of undocumen ted individuals in the United States provided that: they have not committed serious crime s, they pay taxes and social security on their earnings; d. Does not require cities to enforce immigration violations; e. Opposes the construction of security fencing along the United States side of the Rio Grande River; f. Upatir.g and constructing new border infrastn:.cture to meet lor,g lenn demand; g. Includes the appropriate number of work visas that is driven by t11e market allowing workers of many skill levels to come to our country legal Iy; h. Provides funding to properly in!egrate all communication systems at our ports of entry, thereby achjcving a true sense of sectuity; 1. Provides the hiring of additional Customs and Border Protec tion agents to facilitate trade and traffic; J. Provides the resources so an American citizen can contin ue the enjoyment of their .neighbors to the South by using their driver's license or another form of valid photo identification with the added technology that is required by the federal govcmment to achieve security; and k. Extends the deadline that requires all American~ to have a passport to reenter the U.S. after visiting a foreign country, to allow time to develop a more cost effective and efficient fonn of identification for crossing. Section 2: The City Secretary shall for-.vru-da copy of this resolu tio:i. the President of the Un..itcd SI.ates and all members of Congress. DHS-17-0043-C-000004 - ..------------------------------------LAREJO9:1 (b) (6) PAGE 04 PASSED BY THE CITY COtINCIL AND APPROVED BY THE MAYOR on this, the 2811l day of August, 2006. ATTEST: (b) (6) APPROVED AS TO FOR..\1: .. __ , ~ ._,.,.._,, JAIME L. FLORES CITY ATTORNEY STATE OF TEXAS COUNTYOF \VEBB CITY OF LAREDO I, Gustavo Guevara, Jr., City Secretary for the City of Laredo, Texas do hereby certify that the above and foregoing is a true and correct copy of Resolution 2006-R-086 approved by City Council on August 281h,2006. WITNESS MY HAND AND THE CORPORATESEAL OF THE CITY OF LAREDO, TEXAS ON IBIS THE 20' 11Day of SEPTEMBER 2006. (b) (6) DHS-17-0043-C-000005 U.S. Departm ent of Homeland Security Washington, DC 2022 9 U.S. Customs and Border Protecti on OCT 4 2006 The Honorable Raul Salinas Mayor of Laredo, Texas P.O. Box 579 Laredo, Texas 78042 Dear Mayor Salinas: Thank you for your letter of September 20 , 2006 , to Department of Homeland Security (OHS) Secretary Michael Chertoff, expressing the city of Laredo's position in regards to the construction of a fence on the border between the United States and Mexico. U.S. Customs and Border Protection has recently reviewed this issue. Please allow me to outline our findings. The Secure Fence Act of 2006 includes language wh ich authorizes OHS to provide for at least two layers of reinforced fencing , the installation of additional physical barriers, roads , lighting , cameras, and sensors extending 15 miles northwest of the Laredo , Texas, port of entry to the Brownsville , Texas , port of entry. OHS believes that the right mix of personnel, technology, and tactical infrastructure is essential to securing operational control of the border. Moving forward with the comprehensive Secure Border Initiative (SBI) and the recently awarded SBlnet contract to the Boeing Corporation, OHS is working to develop the most effective mix of current and next-generation technology, infrastructure, staffing and response platforms to transform border control technology and infrastructure. OHS looks forward to work ing with you and the City of Laredo to find the best use of resources for secur ing the U.S. Border in Laredo and surrounding areas. Thank you for your interest in Customs and Border Protection. If we may offer further assistance , please contact me at (202) - (b) (6) Sincerely , (b) (6) k Thaddeus M. Bingel (/ ' r Assistant Comm issioner Office of Congressional Affa irs DHS-17-0043-C-000006 (b) (6) THE WHITEliOlJsE OFFICE REFERRAL October 27, 2006 TO: DEPARTMENT OF HOMELAND SECURilY ACTION REQUESTED: ORIGINATOR ..... - DESCRIPTION ~i.'.: r,r- OF INCOMING: ID: 0 LETTER DOCUMENT DATE: OCTOBER 10, 2006 TO: PRESIDENT BUSH FROM: ri:::.:: 709309 MEDIA: C"),:'..' -.. (b) (6) U.S. CONFERENCE OF CATHOLIC BISHOPS WASHINGTON, DC 20017 SUBJECT: 1 :, WHITE HOUSE DOCUMENTTHE MANAGEMENT AND TRACKING WORKSHEET 111.1. .111 o - o DATE RECEIVED: - I ~ CASE ID: 709309 (b) (6) NAME OF CORRESPONDENT: MOST REVEREND SUBJECT: I REQUESTS THAT THE PRESIDENT VETO HR 6061 THE SECURE FENCE ACT OF 06 ROUTE TO: AGl!NCY/OFFICE {STAFF NAME) DEPARTMENT OF HOMElAND SECURITY 10/27/2006 ORG ACTION COMMl!NTS: AcnON COMMl!NTS: ACTION COMMENTS: ACTION COMMENTS: ACTION COMMENTS: COMMENTS: SCANNED ~~!llHlt tt '\:I BY ORM USER CODE: MEDIA: LETTER :- ~~.;:,/ >' ~~ .-~ A - APPROPRIATE AcnON B - RESEARCH AND REPORT BACK D - DRAFT RESPONSE I - INFO COPY/NO ACT NECCESSARY R - DIRECT REPLY W/ COPY o , .. ._~;yt.~. ;.~,ti~i: ' ''' ".:.%-,,?!!!11 1-1.' ~2 i l FOllR nt Tl l '5 rREE J" :-;), o "!,,:,"\ SiU'-