U.S. Department of Homeland Security Washington, DC 20528 Homeland Security Privacy Office, Mail Stop 0655 November 30, 2018 SENT VIA E-MAIL TO: weiserw@brennan.law.nyu.edu Wendy R. Weiser Director, Democracy Program Brennan Center for Justice at NYU School of Law 120 Broadway, Suite 1750 New York, NY 10271 Re: 17-cv-06335-KBF Brennan Center v. DOJ, et al. Fourth Interim Release for DHS FOIA Request No. 2018-HQFO-00465 Dear Ms. Weiser: This is our fourth interim response to your Freedom of Information Act (FOIA) request to the Department of Homeland Security (DHS), received on January 8, 2018. You had provided additional information regarding this request to our office on January 19, 2018. For this production, DHS reviewed 742 pages. After review of those 742 pages, DHS has determined that 35 pages were responsive. We have determined to release 4 pages in full. Further, DHS has determined to withhold 21 pages in full and 10 pages in part pursuant to FOIA Exemptions (b)(5) and (b)(6). Finally, 707 pages were found to be non-responsive, and will not be produced. If you have any questions regarding this release, please contact Assistant U.S. Attorney Casey Lee, United States Attorney’s Office, Southern District of New York, at (212) 637-2714, or by email at Casey.Lee@usdoj.gov. Sincerely, Bradley E. White FOIA Program Specialist Enclosed: 35 pages QUESTIONS FOR THE RECORD Question#: 13 Topic: Voter Integrity Commission Hearing: The Department of Homeland Security Fiscal Year 2018 Budget Request Primary: The Honorable Claire McCaskill Committee: HOMELAND SECURITY (SENATE) Question: Kansas Secretary of State Kris Kobach was quoted in The Kansas City Star on May 11, 2017 as saying that the Presidential Advisory Commission on Election Integrity, created by Executive Order 13799, would have full-time staff from the Office of the Vice President and the Department of Homeland Security. Are you aware of any plans to staff the Presidential Advisory Commission on Election Integrity with DHS employees? If so, what of?ce within DHS will staff the Commission, how many DHS employees will staff the Commission, and what is DHS's anticipated annual budget for the Commission? Response: The Department of Homeland Security notes that Section 7 of the Executive Order states that GSA will provide support to the Commission, including staff necessary to carry out its mission. DHS-001-HQFO-465-000237 Mlcone, VincentICbM?) From: (131(6) To: Subject: FW: SIGNIFICANT CORRESPONDENCE REPORT: 1.23.13 Date: 2'0181'01123 15:31:10 Priority: Normal Type: Note FYSA Thanks, Vince Vince Micone Acting Chief of Staff, Office of Legislative Affairs Senior Counselor for Management, Management Directorate US. Department of Homeland Security OLA (131(6) MGR From $13115) I Sent: Tuesday, January 23, 2018 3:29 PM I Subject: SIGNIFICANT CORRESPONDENCE REPORT: 1.23.18 Date Control Number . To From Summary Received Matthew Chrastek Coordinator 1156533 01.19.18 8.1 The American Writes regarding TP 18-0240 Rex T111erson . . . Rehef Coalltlon for Syria Adhikaar for 1156569 SI . . . 18-0414 01.23.18 Rex Tillerson Human Rights and ertes regardmg TP Soc1a1 Justice 1156581 .31 Rep. Gowdy ertes regardmg 18-0259 01.12.18 cc. Rep. (SC) former employee of the Cummings Oversight and Governmer DHS-001-HQFO-465-000238 now an attorney at the Rep. Thompson 1 156585 (MS) Write regarding DHS r: 18-0351 01.23.18 81 related to the defunct Rep. Brady Commission on Eleeti (PA) Regards, We Administrative Of?cer US. Department of Homeland Security Of?ce of the Executive Secretary O: . Excellent erw'ce Endless Commimrem? 1" Sender: Micone, 1 ii'incent Irb?irm (blii?) Recipient: Sent Date: 2018f01f23 Delivered Date: 2018f01f23 15:31:10 DHS-OO1-HQFO-465-000239 Page 05 of 35 Withheld pursuant to exemption of the Of Information $3an Privacy AC1 DHS-001-HQFO-465-000240 Page 06 of 35 Withheld pursuant to exemption of the Of Information $3an Privacy AC1 DHS-001-HQFO-465-000241 Page 0? of 35 Withheld pursuant to exemption of the Of Information $3an Privacy AC1 DHS-001-HQFO-465-000242 Page 08 of 35 Withheld pursuant to exemption (31(5) of the Of Information $3an Privacy AC1 DHS-001-HQFO-465-000243 Page 09 of 35 Withheld pursuant to exemption of the Of Information $3an Privacy AC1 DHS-001-HQFO-465-000244 Page 10 of 35 Withheld pursuant to exemption of the Of Information $3an Privacy AC1 DHS-001-HQFO-465-000245 Page 11 of 35 Withheld pursuant to exemption of the Of Information $3an Privacy AC1 DHS-001-HQFO-465-000246 Page 12 of 35 Withheld pursuant to exemption (31(5) of the Of Information $3an Privacy AC1 DHS-001-HQFO-465-000247 Page 13 of 35 Withheld pursuant to exemption of the Of Information $3an Privacy AC1 DHS-001-HQFO-465-000248 Page 14 of 35 Withheld pursuant to exemption of the Of Information $3an Privacy AC1 DHS-001-HQFO-465-000249 Page 15 of 35 Withheld pursuant to exemption of the Of Information $3an Privacy AC1 DHS-001-HQFO-465-000250 Page 16 of 35 Withheld pursuant to exemption (31(5) of the Of Information $3an Privacy AC1 DHS-001-HQFO-465-000251 Sultan, Jenniferltbit?i I From. . "Quinn, CameronICbH?) To. W5) alone Sub'ect- RE: DHS Election Integrity Task Force and ED. Disbanding Presidential Advisory Commission on Election Integrity Date: 11:5?:46 Priority: Normal Type: Note Thank you. From: Quinn, Cameron Sent: Monday, January 8, 2018 11:56 AM To: Sultan, Cc: Venture, Veronica keys) Subject: RE: DHS Election Integrity Task Force and EU. Disbanding Presidential Advisory Commission on Election Integrity Jen in process. Will loop you in as this starts really moving. From: Sultan, Jennifer Sent: Monday, January 8, 2018 11:55 AM To: Quinn, I Cc: Venture, Veronica Subject: DHS Election Integrity Task Force and ED. Disbanding Presidential Advisory Commission on Election Integrity Cameron, As you know, I flagged for you below the existence of a DHS Election Integrity Task Force given your background and potential civil rights and civil liberties issues that could arise in this context, suggesting that CRCL should at least be involved enough to understand whether the scope will include CRCL equities. To be clear, that effort appears to be an effort to guard against cyber and other threats to interfere with the integrity of the voting process. Since I sent you the below email, you have no doubt been aware of reports that on January 3, the President issued an executive order disbanding the Presidential Advisory Commission on Election Integrity {created by ED. 13799, chaired by VP Pence and Kansas Secretary of State Kobach); in public statements regarding the termination of the Commission, the Administration indicated that its work is being referred to DHS for follow?up. An effort to verify citizenship or confirm non?citizenship on voter rolls collected by the former Advisory Commission suggests an even stronger link to CRCL's equities. Therefore, I am flagging this for you presumably BEFORE this effort is underway to try to ensure that CRCL is appropriately included from the outset. I believe CRCL would be instrumental in assisting in the development of processes to ensure appropriate safeguards surrounding sharing data (SIIP) and to DHS-OO1-HQFO-465-000252 ensuring development of a process whereby any data or other errors can be challenged by impacted individuals (who could be disenfranchised based on erroneous determinations). It is possible that at some later point, CRCL may also receive civil rights complaints alleging DHS interfered with a U.S. citizen?s right to vote based on whatever process it ends up using to check for voter fraud. I discussed this with Ronnie and she suggested emailing you. Jen From: Sultan, Jennifer Sent: Thursday, December 14, 2017 5:02 PM To: Quinn, Cameronl?bl??l Cc: Venture, Veronica 4M3 I I Sh ucha rt, Scott loss) Subject: DHS Election Integrity Task Force Cameron, I am flagging this for your attention given your background in election law and my discussion with Scott about the potential interest here for CRCL. NPPD recently stood up an Election Integrity Task Force. Apparently, Bob Kolasky, the Acting Deputy Under Secretary for NPPD (who is concurrently serving as the Acting Assistant Secretary for the Office of Infrastructure Protection within NPPD) is leading this effort. ?spoke with an NPPD contact who reports that the organizational structure, goals, and agenda are still in development and the first meeting was held earlier this month. While we have very limited information at this point-has offered to find out more if we would like her to do 50. Potential interest for CRCL: We can imagine DHS election security efforts developing in ways that would benefit from CRCL (and likely PRIV) input and expertise. Topics of interest could include: 0 Access controls for state voter files (a substantial security issue as well as, potentially, a Fourth Amendment one if accessible to law enforcement]; also addressing potential public concerns about privacy and security of state voter data Accessibility and nondiscrimination in any voter database security steps recommended or facilitated by the Department 0 Section 508 compliance of any federal tools for this purpose Ensuring any DHS role with auditing voter files leg. to detect possible tampering) is compliant with the array of federal voter protections in place and administered by Election Assistance Commission, etc. If you would like, we would be happy to try to find out more information to better determine whether CRCL might have equities and to offer CRCL support if so. We could also provide you with the appropriate higher level contacts if you would prefer to reach out to someone at your level. Jen Sender: Sultan, Jen niferl?b??) DHS-OO1-HQFO-465-000253 Recipient: Sent Date: ZDIBICIUDB 11:5?:46 DHS-001-HQFO-465-000254 Page 20 of 35 Withheld pursuant to exemption (133(5) of the Freedom of information and Privacy Act DHS-001-HQFO-465-000255 Page 21 of 35 Withheld pursuant to exemption (133(5) of the Freedom of information and Privacy Act DHS-001-HQFO-465-000256 Page 22 of 35 Withheld pursuant to exemption (133(5) of the Freedom of information and Privacy Act DHS-001-HQFO-465-000257 Page 23 of 35 Withheld pursuant to exemption (133(5) of the Freedom of information and Privacy Act DHS-001-HQFO-465-000258 Page 24 of 35 Withheld pursuant to exemption (133(5) of the Freedom of information and Privacy Act DHS-001-HQFO-465-000259 Page 25 of 35 Withheld pursuant to exemption (133(5) of the Freedom of information and Privacy Act DHS-001-HQFO-465-000260 Page 26 of 35 Withheld pursuant to exemption (133(5) of the Freedom of information and Privacy Act DHS-001-HQFO-465-000261 Page 2? of 35 Withheld pursuant to exemption (133(5) of the Freedom of information and Privacy Act DHS-001-HQFO-465-000262 Page 28 of 35 Withheld pursuant to exemption (133(5) of the Freedom of information and Privacy Act DHS-001-HQFO-465-000263 6 From: (by: ?Hamilton, Gend?bx?) (bra) CC: RE: Auth QFR - 51 Senate Budget McCaskill (30) #1145?21 Set #1 of 2 - Readyr for Front Of?ce Review Date: 11:45:50 Priority: Normal Type: Note Subject: 1 reviewed and made a few edits. From: Piperni, Vincent Sent: Tuesday, August 8, 2017 12:34 PM To: Hamilton, Gene Krebs, Christopher Cissna, Tiffany lens) .105) . . Cc: Front Of?ce Review IQFR Group 001(5) Subject: Auth QFR - 81 Senate Budget McCaskill (30) #1145721 Set #1 of2 Ready for Front Of?ce Review Importance: High Good Afternoon, Attached for Front Of?ce review are draft responses to the ?rst of two sets of Questions For the Record from the June 6th, 2017r hearing before the Senate Committee on Homeland Security and Governmental Affairs titled The Department ofHomeIand Security iscrai? Year 2018 Budget Request in which DHS Secretary John Kelly testi?ed. This set of QFRs has been reviewed by DHS of?ces and Components, including OGC, and is ready for Front Office review. Responses need only be current as of the hearing date ot'June 6th, 201?? since theQF Rs are included as part of the hearing record. QFR Componenti'Topic Counselor(s) Number 1 CBP Congressional Gene Hamilton Justi?cation 2 CBP Unacquired Land Gene Hamilton 3 CBP Northern Border Gene Hamilton 4 PLCY Executive Order Reports Tiffany Cissna DHS-001-HQFO-465-000264 5 CBP CBP Progress Gene Hamilton, Tiffany Cissna 6 ICE ICE Progress Gene Hamilton, Tiffany Cissna 7 USCIS USCIS Progress Gene Hamilton, Tiffany Cissna 3 MGMT 01o Funding Fee) ITiffany Cissna 9 FEMA Counterterrorism Grants Chris Krebs 10 FEMA PEMA Grants Chris Krebs 1 TSA Federal Air Marshalls W6) 12 PLCY Missouri REAL ID Legislation 13 MGMT Voter Integrity Commission Tiffany Cissna 14 USCIS H-2B Visa Cap Gene Hamilton 15 CBP Land Ports of Entry Report Gene Hamilton 16 MGMT Electronic Device Search Tiffany Cissna Software 17 CBP Physical Wall Investment Gene Hamilton 18 CBP Surveillance Technology Gene Hamilton 19 CBP Border Patrol Agents Gene Hamilton, Ifbl'i?l 20 ICE Unaccompanied Minors Gene Hamilton 21 NPPD Cyber Activities Chris Krebs 22 NPPD NCCIC Chris Krebs 23 National Biodefense Analysis Chris Krebs and Countermeasures Center 24 NBACC Closure Chris Krebs 25 USCG Polar Icebreaker Programs Gene Hamilton, Chris Krebs, 26 FEMA Urban Area Security Chris Krebs Initiative Allocations 27 MGMT St. Elizabeths Tiffany Cissna 28 NPPD Cybersecurity Hearing Chris Krebs 29 TSA TSA VIPR Funding ?133(5) I 30 ICE ICE Private Prisons Gene Hamilton and EMS) I WI Respectfully, your comments or clearance is requested as soon as possible and no later than 1:00 pm on Thursday August 10th, 2017. This QFR set still must complete Chief of Staff Review and OMB clearance process prior to submission to the Hill. Vin cent Pipemi Executive eererariat DHS-001-HQFO-465-000265 Of?ce afthe Secretary Department of Homeland Security uhnne cell (202) 4512-1975fo C: Excellent Service Endless Commitment? Recipient: M6) Sent Date: ZCIIWDBHO 11:45:49 Delivered Date: 201?:03f10 11:45:50 DHS-OO1-HQFO-465-000266 . Maher Jose From. To: FW: E0 Date: 2018fDl/?4 09:43:41 Priority: Normal Type: Note Let?s try to connect sometime later today on this. There are both cyber aspects and immigration-related aspects, and we?ll have some prompt work to do to assess relevant authorities. From: Wales, Brandon Sent: Thursday, January 4, 2018 8:52 AM FjTo: Maher, JosephIfbl?i?lr IChang, Hayley Subject: FW: EO JoefHayley, Yesterday the President rescinded the attached E0 from May on the Election Integrity Commission. Here is the press statement that the White House released: Despite substantial evidence of voter fraud, many states have refused to provide the Presidential Advisory Commission on Election Integrity with basic information relevant to its inquiry. Rather than engage in endless legal battles at taxpayer expense, today President Donald J. Trump signed an executive order to dissolve the Commission, and he has asked the Department of Homeland Security to review its initial ?ndings and determine next courses of action. (1315) Best, Brandon DHS-OO1-HQFO-465-000267 Brandon D. Wales Senior Counselor to the Secretary Department of Homeland Security Of?ce: ME) Mobile: From: Wolf, Chad Sent: Wednesday, January 3, 2018 7:17 PM To: Wales, Subject: FW: EO ("had F. Vt?nlt' {Acting}: Department of I [nrneland Security From: Fuentes, Zach D. Sent: Wednesday, January 3, 2018 7: 10 PM To: Wolf, Chad libir??) Jonathan lewa Subject: E0 Please ?nd requested E0 attached. Thanks, 6 Sender: Maher Jose )1 ?Shah Dim Sent Date: 2018101104 09:43 :40 Delivered Date: 2018f01f?04 09:43:41 DHS-001-HQFO-465-000268 22.389 Federal Register Vol. 32, No. 93 Tuesday, May 15, 2917 Presidential Documents Title 3? The President Executive Order 13799 of May 11, 2917 Establishment of Presidential Advisory Commission on Elec- tion Integrity By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to promote fair and honest Federal elections, it is hereby ordered as follows: Section 1. Establishment. The Presidential Advisory Commission on Election Integrity [Commission] is hereby established. Sec. 2. Miembership. The Vice President shall chair the Commission, which shall be composed of not more than 15 additional members. The President shall appoint the additional members, who shall include individuals with knowledge and experience in elections, election management, election fraud detection, and voter integrity efforts, and any other individuals with knowl- edge or experience that the President determines to be of value to the Commission. The Vice President may select a Vice Chair of the Commission from among the members appointed by the President. Sec. 3. Mission. The Commission shall, consistent with applicable law, study the registration and voting processes used in Federal elections. The Commission shall be solely advisory and shall submit a report to the Presi? dent that identifies the following: those laws, rules, policies, activities, strategies, and practices that en- hance the American people?s confidence in the integrity of the voting proc- esses used in Federal elections; those laws, rules, policies, activities, strategies, and practices that undermine the American people?s confidence in the integrity of the voting processes used in Federal elections; and those vulnerabilities in voting systems and practices used for Federal elections that could lead to improper voter registrations and improper voting, including fraudulent voter registrations and fraudulent voting. Sec. 4. De?nitions. For purposes of this order: The term ?improper voter registration? means any situation where an individual who does not possess the legal right to vote in a jurisdiction is included as an eligible voter on that jurisdiction?s voter list, regardless of the state of mind or intent of such individual. The term ?improper voting? means the act of an individual casting a non-provisional ballot in a jurisdiction in which that individual is ineligible to vote, or the act of an individual casting a ballot in multiple jurisdictions, regardless of the state of mind or intent of that individual. The term ?fraudulent voter registration? means any situation where an individual knowingly and intentionally takes steps to add ineligible individuals to voter lists. The term ?fraudulent voting? means the act of casting a non-provisional ballot or multiple ballots with knowledge that casting the ballot or ballots is illegal. Sec. 5. Administration. The Commission shall hold public meetings and engage with Federal, State, and local officials, and election law experts, as necessary, to carry out its mission. The Commission shall be informed by, and shall strive to avoid duplicating, the efforts of existing government entities. The Commission shall have staff to provide support for its functions. DHS-OO1-HQFO-465-000269 22390 Federal RegisteriVol. 82, No. QSJ?Tuesday, May 16, 2017'i?Presidential Documents Doc. 201?-10003 Filed 5?15?1?; 3:45 aml Billing code Sec. 6. Termination. The Commission shall terminate 30 days after it submits its report to the President. Sec. 7. General Provisions. To the extent permitted by law, and subject to the availability of appropriations, the General Services Administration shall provide the Commission with such administrative services, funds, facili- ties, staff, equipment, and other support services as may be necessary to carry out its mission on a reimbursable basis. Relevant executive departments and agencies shall endeavor to cooper- ate with the Commission. Insofar as the Federal Advisory Committee Act, as amended [5 U.S.C. App] [the may apply to the Commission, any functions of the President under that Act, except for those in section 6 of the Act, shall be performed by the Administrator of General Services. Members of the Commission shall serve without any additional com- pensation for their work on the Commission, but shall be allowed travel expenses, including per diem in lieu of subsistence, to the extent permitted by law for persons serving intermittently in the Government service [5 U.S.C. Nothing in this order shall be construed to impair or otherwise affect: the authority granted by law to an executive department or agency, or the head thereof; or [ii] the functions of the Director of the Of?ce of Management and Budget relating to budgetary, administrative, or legislative proposals. This order shall be implemented consistent with applicable law and subject to the availability of appropriations. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, May 11?, 2017. DHS-OO1-HQFO-465-000270