JW's DHS Appeal on FEMA Overpayments

7/31/2019 JW's DHS Appeal on FEMA Overpayments

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Exhibit A


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Exhibit A


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Exhibit B


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Exhibit C


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From: Lisette Garcia

To: "Gramian, Nikki"; Teal, Kirsten

Cc: FOIA OIG

Subject: RE: FOIA Req. No 2012-125 Acknowledgement

Date: Thursday, June 07, 2012 5:44:00 PM

Attachments: FEMA Overpay FOIA.pdf

Hi, Ms. Gramian:

I asked you to put your thoughts in writing to ensure clear communications. Indeed, based on your

email response to my memorialization, it appears you have misread Judicial Watchs FOIA request,

here attached for ease of reference.

You say below that: the OIG is required by section (3)(f) of Executive Order 13520 to only review

the Departments report regarding improper payments and make recommendations. It is those

very recommendations that Judicial Watchs FOIA, by its terms, seeks.

You also state: OIGs role does not include reviewing the legality of such improper payments.Judicial Watch has not asked nor does it seek records regarding what you term the legality of such

improper payments.

Rather, Judicial Watch requested: All communications respecting the legality of recovering

improperpayments of any kind - including overpayments and wrongfulpayments- disbursed via

FEMA's Emergency Food & Shelter Program.

Hence, since FEMAs excuse to DHS-OIG for taking no action to recover improperly disbursed funds

over the course of several quarters was that it was unclear about the legality of recovering

improper payments, then it is logical and reasonable to believe that there are records on this topic

in DHS-OIGs possession which it acquired in the course of its duties (including compiling the

quarterly reports in which FEMAs excuse for failing to proceed with collection appears).

I hope this helps the agency proceed with a prompt and thorough search. Judicial Watch

anticipates timely production of all responsive records.

Best, Lisette

From: Gramian, Nikki [mailto:[email protected]]Sent: Thursday, June 07, 2012 4:54 PM

To: Lisette Garcia; Teal, KirstenCc: FOIA OIGSubject: RE: FOIA Req. No 2012-125 Acknowledgement

Thank you Ms. Garcia for the information you memorialize below. The purpose of our call was not

to formally respond to your FOIA request; rather, we simply wished to inform you of OIGs roles

regarding improper FEMA payments so that you would have a better understanding of the types of

records we maintain, and to provide you with background that would give you further insight into

our planned response to your request. My hope was to initiate a dialog to facilitate open

Exhibit D
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


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discussion of your request that would benefit the both of us. It is unfortunate that we were not

able to carry out an affable discussion without becoming confrontational.

As I attempted to explain, the OIG is required by section (3)(f) of Executive Order 13520 to only

review the Departments report regarding improper payments and make recommendations. OIGs

role does not include reviewing the legality of such improper payments. As such OIG would not

maintain the types of records you seek in your request (i.e., all communications regarding thelegality of recovering improper payments of any kind including overpayments and wrongful

payments disbursed via FEMAs Emergency Food & Shelter Program). We also wished to explain

the types of records we do maintain and explain that we will produce them to you anyway, even

though they are not responsive to your request.

We are working on compiling the formal response to your FOIA request. In the meantime, should

you have further questions regarding your request feel free to contact me.

From: Lisette Garcia [mailto:[email protected]]Sent: Thursday, June 07, 2012 2:35 PMTo: Gramian, Nikki; Teal, KirstenCc: FOIA OIGSubject: RE: FOIA Req. No 2012-125 Acknowledgement

Ms. Gramian:

This email serves to memorialize your phone call to me this afternoon in which you sought to

explain DHS-IGs role in collecting the overpayments that are the subject of the attached request

for public records. The reason I asked you to put your thoughts in writing is that prompt written

notice of an adverse determination regarding the disclosure of public records in an agencys

possession is a statutory minimum under the Freedom of Information Act (FOIA), as well as the

Administrative Procedure Act (APA) from which FOIA flows.

5 U.S.C. 552(a)(6)(A)(i) states in pertinent part: Each agency. . . shall determine within 20

days . . . after the receipt of any [FOIA] request whether to comply with such request and

shall immediately notify the person making such request of such determination and the

reasons therefor, and of the right of such person to appeal to the head of the agency any

adverse determination.

5 U.S.C. 555(e) provides in pertinent part: Prompt notice shall be given of the denial in

whole or in part of a written application, petition, or other request of an interested person

made in connection with any agency proceeding. Except in affirming a prior denial or when

the denial is self-explanatory, the notice shall be accompanied by a brief statement of the

grounds for denial.

Apart from the substantive elements expressly addressed within 5 U.S.C. 552, courts have

recognized a procedural aspect to an agencys compliance with FOIA which constitutes an

Exhibit D
mailto:[mailto:[email protected]]mailto:[mailto:[email protected]]


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informal adjudication subject to judicial review per terms set forth in the Administrative

Procedure Act, 5 U.S.C. 706. Reliance Electric Co. v. Consumer Product Safety Cmsn., 924

F.2d 274, 277 (D.C. Cir. 1991)(citing Chrysler Corp. v. Brown, 441 U.S. 281, 287, 317-18, 60

L. Ed. 2d 208, 99 S. Ct. 1705 (1979); Occidental Petroleum Corp. v. SEC, 873 F.2d 325 (D.C.

Cir. 1989); and,AT&T Information-Systems, Inc. v. General Services Admin., 258 App. D.C.

254, 810 F.2d 1233, 1236 (D.C. Cir. 1987)).

Written notice of an agencys decision and rationale for denying a public records request in whole

or in part safeguards a requesters appeal rights, which must also be articulated in any such letter

from the agency, as cited above.

Judicial Watch appreciates the agencys timely compliance with all applicable laws. To this email I

have copied Ms. Kirsten Teal, who you stated was also on the phone call, along with the DHS-OIGs

general FOIA line to insure this messages timely receipt.

--Lisette

From: Teal, Kirsten [mailto:[email protected]]Sent: Monday, June 04, 2012 1:14 PMTo: Lisette GarciaCc: Gramian, NikkiSubject: FOIA Req. No 2012-125 Acknowledgement

Ms. Garcia,

Thank you for your interest in the Department of Homeland Security (DHS) Office of Inspector

General (OIG). Attached please find DHS OIGs acknowledgement letter to your FOIA request.

Thank you.

Kirsten V. Teal

U.S. Department of Homeland Security

Office of Inspector General

Office of Counsel

Phone: 202-632-0346

Exhibit D
mailto:[mailto:[email protected]]mailto:[mailto:[email protected]]

Documents

JW's DHS Appeal on FEMA Overpayments