Rule2022-24871
Privacy Act of 1974
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 16, 2022
Effective
December 16, 2022
Issuing agencies
Homeland Security Department
Abstract
The Department of Homeland Security (DHS or Department) is amending its regulations under the Privacy Act of 1974. DHS is updating and streamlining the language of several provisions. In addition, DHS is making minor, technical edits to its Freedom of Information Act regulations.
Full Text
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<title>Federal Register, Volume 87 Issue 220 (Wednesday, November 16, 2022)</title>
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[Federal Register Volume 87, Number 220 (Wednesday, November 16, 2022)]
[Rules and Regulations]
[Pages 68599-68608]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24871]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2021-0020]
RIN 1601-AB04
Privacy Act of 1974
AGENCY: Office of the Secretary, Department of Homeland Security.
ACTION: Final rule.
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SUMMARY: The Department of Homeland Security (DHS or Department) is
amending its regulations under the Privacy Act of 1974. DHS is updating
and streamlining the language of several provisions. In addition, DHS
is making minor, technical edits to its Freedom of Information Act
regulations.
DATES: This final rule is effective December 16, 2022.
FOR FURTHER INFORMATION CONTACT: Lynn Parker Dupree, Chief Privacy
Officer, Privacy Office, Department of Homeland Security, Washington,
DC 20528, (202) 343-1717, <a href="/cdn-cgi/l/email-protection#d989abb0afb8baa099b1a8f7bdb1aaf7beb6af"><span class="__cf_email__" data-cfemail="eaba98839c8b8993aa829bc48e8299c48d859c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
The Secretary of Homeland Security has authority under 5 U.S.C.
301, 552, and 552a, and 6 U.S.C. 112(e) to issue Privacy Act
regulations. That authority has been delegated to the Chief Privacy
Officer of the Department pursuant to 6 U.S.C. 142 and DHS Del. No.
13001, Rev. 01 (June 2, 2020).
On January 27, 2003, DHS published an interim rule in the Federal
Register (68 FR 4056) that established DHS procedures implementing the
Privacy Act, 5 U.S.C. 552a. DHS has since issued minor procedural
amendments to the interim rule, see 85 FR 11829 (Feb. 28, 2020), but
DHS has not issued a more comprehensive update since 2003.
On November 22, 2016, DHS issued a final rule amending the
Department's regulations under the Freedom of Information Act (FOIA), 6
CFR part 5, subpart A, in order to update and streamline the language
of several procedural provisions, to incorporate changes brought by the
amendments to the FOIA under the Open Government Act of 2007 and FOIA
Improvement Act of 2016, and to reflect developments in the case law.
See 81 FR 83625.
On October 6, 2021, DHS published a proposed rule to amend existing
regulations under the Privacy Act at 6 CFR part 5, subpart B, and make
minor, technical edits to 6 CFR part 5, subpart A, for the limited
purpose of replacing references to appendix I to subpart A with
references to appendix A to part 5. See 86 FR 55528.\1\ DHS accepted
comments on the proposed rule through December 6, 2021. DHS is now
finalizing the rule with minor clarifying changes, the more prominent
of which are discussed below.
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\1\ Except as explicitly stated below, DHS incorporates by
reference the section-by-section analysis contained in the preamble
to the proposed rule.
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II. Discussion of Final Rule
A. Response to Comments
In total, DHS received 6 public submissions to its proposed rule,
of which only one provided a specific recommendation. The commenter
stated that DHS should add language to the proposed regulation to
address the ability of the public to seek corrections to records
maintained about them or organizations they are associated with. The
comment stated that when federal agencies maintain records that are
inaccurate it can expose individuals to risk, and such individuals
should have redress to correct such errors. DHS interprets the comment
to refer to content that is already included in proposed 6 CFR 5.26,
Requests for Amendment or Correction of Records. After review and
consideration, DHS has decided to not make additional changes to this
section. This section clearly explains how an individual can
[[Page 68600]]
ask DHS to amend or correct agency records about them.
B. Clarifying and Procedural Changes
Upon further review of the proposed rule, DHS has made a number of
clarifying and procedural changes as compared to the proposed rule, as
follows:
<bullet> DHS is removing Appendix I to subpart A, consistent with
the proposed rule.\2\
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\2\ 86 FR at 55528.
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<bullet> DHS is eliminating gendered language.
<bullet> DHS is removing existing Sec. 5.20(e), a provision
relating to interim retention of authorities, because the Department is
now issuing a Privacy Act final rule and has updated its existing
systems of records notices since the Department first issued this
provision. The paragraph stated that the interim provision would remain
operative ``until this regulation is promulgated as a final rule, or
the Department revises all systems of records notices.'' Because both
of these conditions have been satisfied, and the provision is no longer
operative in any event, DHS is removing this provision.
<bullet> DHS is modifying Sec. 5.22(d)(1) to remove the last
sentence of that paragraph, which was redundant to Sec. 5.22(d)(2).
<bullet> DHS is modifying Sec. 5.22(d)(2) to make clear that the
component FOIA Office, rather than the component medical practitioner
or other qualified designee, is responsible for making any disclosure
to the individual's representative or the individual. In addition, in
light of the purpose of the procedures contained in this provision, DHS
has opted to retain authority to withhold medical records if the
individual does not designate a representative.\3\ Such a decision
would be appealable pursuant to the general appeal procedures in 6 CFR
5.25. However, consistent with the proposed rule,\4\ if an individual
does designate a representative, Sec. 5.22(d)(2) makes clear that the
representative does not have discretion to withhold the records from
the individual.
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\3\ Compare, e.g., 20 CFR 401.55(b)(1)(ii).
\4\ See 86 FR at 55534.
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<bullet> Consistent with the preamble to the proposed rule,\5\ DHS
is adding a Sec. 5.22(d)(3) to clarify that Coast Guard medical
records held by another agency (such as military medical records held
by the Department of Defense) are not subject to Sec. 5.22(d)(2).
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\5\ See 86 FR at 55529.
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<bullet> DHS is modifying Sec. 5.25(a) by removing the reference
to filing appeals directly with the Office of the General Counsel and
making other procedural and nonsubstantive changes. These changes will
make this paragraph consistent with the parallel provision in 6 CFR
5.8(a), which addresses administrative appeals under the FOIA. DHS is
not modifying Sec. 5.25(b), under which the Office of the General
Counsel, or its designee (e.g., Component Appeals Officer) is the
authorized appeals authority for DHS.
<bullet> DHS is modifying Sec. 5.27(a) by removing the words ``to
the extent covered by the [Judicial Redress Act (JRA)]'' and adding
``or for records covered by the JRA'' at the end of Sec. 5.27(b)(1).
The purpose of this change is to clarify that accounting of disclosures
is not required by the JRA and not provided for by the Department.
<bullet> DHS is modifying appendix A to part 5 to specify where
persons should send their FOIA and Privacy Act requests for each
Headquarters Office and Component of the Department. Although
individuals may request records as they deem fit, the Department
strongly encourages persons to submit their requests electronically
through a designated DHS FOIA electronic portal, if applicable and
available.
III. Regulatory Analyses
Executive Orders 12866 and 13563--Regulatory Review
Executive Orders 13563 and 12866 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been designated a ``significant regulatory
action,'' under section 3(f) of Executive Order 12866. Accordingly, the
rule has been reviewed by the Office of Management and Budget.
DHS has considered the costs and benefits of this rule. This rule
will not introduce new regulatory mandates. In the proposed rule we
stated this rule would not result in additional costs on the public or
the government. Further, we stated this rule does not collect any
additional fee revenues compared to current practices or otherwise
introduce new regulatory mandates. The rule's benefits include
additional clarity for the public and DHS personnel with respect to
DHS's implementation of the Privacy Act and JRA. No public comments
were submitted on the analysis presented in the proposed rule.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by state, local, and
tribal governments, in the aggregate, or by the private sector, of
$100,000,000 or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no written statement was
deemed necessary under the provisions of the Unfunded Mandates Reform
Act of 1995.
Regulatory Flexibility Act
Under the Regulatory Flexibility Act (RFA), 5 U.S.C. 601-612, and
section 213(a) of the Small Business Regulatory Enforcement Fairness
Act of 1996, 5 U.S.C. 601 note, agencies must consider the impact of
their rulemakings on ``small entities'' (small businesses, small
organizations, and local governments). The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
DHS has reviewed this regulation and by approving it certifies that
this regulation will not have a significant economic impact on a
substantial number of small entities. As stated in the proposed rule,
DHS does not believe this rule imposes any additional direct costs on
small entities. No public comments were submitted on the analysis
presented in the proposed rule.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 251 of the
Small Business Regulatory Enforcement Fairness Act of 1996 (as
amended), 5 U.S.C. 804(2). The Office of Management and Budget's Office
of Information and Regulatory Affairs has not found that this rule is
likely to result in an annual effect on the economy of $100,000,000 or
more; a major increase in costs or prices; or significant adverse
effects on competition, employment, investment, productivity,
innovation, or on the ability of United States-based companies to
compete with foreign-based companies in domestic and export markets.
National Environmental Policy Act
DHS reviews proposed actions to determine whether the National
Environmental Policy Act (NEPA) applies to them and, if so, what degree
of analysis is required. DHS Directive
[[Page 68601]]
023-01 Rev. 01 (Directive) and Instruction Manual 023-01-001-01 Rev. 01
(Instruction Manual) establish the procedures that DHS and its
components use to comply with NEPA and the Council on Environmental
Quality (CEQ) regulations for implementing NEPA, 40 CFR parts 1500
through 1508.
The CEQ regulations allow federal agencies to establish, with CEQ
review and concurrence, categories of actions (``categorical
exclusions'') which experience has shown do not individually or
cumulatively have a significant effect on the human environment and,
therefore, do not require an Environmental Assessment (EA) or
Environmental Impact Statement (EIS). 40 CFR 1507.3(b)(2)(ii), 1508.4.
For an action to be categorically excluded, it must satisfy each of the
following three conditions: (1) the entire action clearly fits within
one or more of the categorical exclusions; (2) the action is not a
piece of a larger action; and (3) no extraordinary circumstances exist
that create the potential for a significant environmental effect.
Instruction Manual section V.B(2)(a)-(c).
This rule fits within categorical exclusion A3(a) ``Promulgation of
rules . . . of a strictly administrative or procedural nature.''
Instruction Manual, Appendix A, Table 1. Furthermore, the rule is not
part of a larger action and presents no extraordinary circumstances
creating the potential for significant environmental impacts.
Therefore, the rule is categorically excluded from further NEPA review.
List of Subjects in 6 CFR Part 5
Classified information, Courts, Freedom of information, Government
employees, Privacy.
For the reasons stated in the preamble, DHS amends 6 CFR part 5 as
follows:
PART 5--DISCLOSURE OF RECORDS AND INFORMATION
0
1. The authority citation for Part 5 is revised to read as follows:
Authority: 6 U.S.C. 101 et seq.; Pub. L. 107-296, 116 Stat.
2135; 5 U.S.C. 301; 6 U.S.C. 142; DHS Del. No. 13001, Rev. 01 (June
2, 2020).
Subpart A also issued under 5 U.S.C. 552.
Subpart B also issued under 5 U.S.C. 552a and 552 note.
Sec. 5.2 [Amended]
0
2. In Sec. 5.2, remove the text ``appendix I to this subpart'' and add
in its place the text ``appendix A to this part''.
Sec. 5.3 [Amended]
0
3. In Sec. 5.3:
0
a. In paragraph (a)(1), remove the text ``appendix I of this subpart''
and add in its place the text ``appendix A to this part''; and
0
b. In paragraph (b), remove the text ``appendix I of this subpart'' and
add in its place the text ``appendix A to this part''.
Sec. 5.5 [Amended]
0
4. In Sec. 5.5:
0
a. In paragraph (a), in the first sentence, remove the text ``Appendix
I to this subpart'' and add in its place the text ``appendix A to this
part'' and in the last sentence, remove the text ``appendix I of this
subpart'' and add in its place ``appendix A to this part''; and
0
b. In paragraph (e)(2), remove the text ``appendix I'' and ``appendix I
of this subpart'' and add in their places the text ``appendix A to part
5''.
Sec. 5.8 [Amended]
0
5. In Sec. 5.8, in paragraph (a)(1), remove the text ``appendix I to
this subpart,'' and add in its place the text ``appendix A to this
part,''.
Appendix I to Subpart A of Part 5--[Removed]
0
6. Remove appendix I to subpart A of part 5.
0
7. Revise subpart B to read as follows:
Subpart B--Privacy Act
Sec.
5.20 General provisions.
5.21 Requests for access to records.
5.22 Responsibility for responding to requests for access to
records.
5.23 Responses to requests for access to records.
5.24 Classified information.
5.25 Administrative appeals for access requests.
5.26 Requests for amendment or correction of records.
5.27 Requests for an accounting of record disclosures.
5.28 Preservation of records.
5.29 Fees.
5.30 Notice of court-ordered and emergency Ddsclosures.
5.31 Security of systems of records.
5.32 Contracts for the operation of systems of records.
5.33 Use and collection of Social Security numbers.
5.34 Standards of conduct for administration of the Privacy Act.
5.35 Sanctions and penalties.
5.36 Other rights and services.
Subpart B--Privacy Act
Sec. 5.20 General provisions.
(a) Purpose and scope. (1) This subpart contains the rules that the
Department of Homeland Security (Department or DHS) follows in
processing records under the Privacy Act of 1974 (Privacy Act) (5
U.S.C. 552a) and under the Judicial Redress Act of 2015 (JRA) (5 U.S.C.
552a note).
(2) The rules in this subpart should be read in conjunction with
the text of the Privacy Act and the JRA, 5 U.S.C. 552a and 5 U.S.C.
552a note, respectively (which provide additional information abo ut
records maintained on individuals and covered persons), and JRA
designations issued in the Federal Register. The rules in this subpart
apply to all records in systems of records maintained by the
Department. These rules also apply to all records containing Social
Security Numbers regardless of whether such records are covered by an
applicable system of records maintained by the Department. They
describe the procedures by which individuals may request access to
records about themselves, request amendment or correction of those
records, and request an accounting of disclosures by Department
personnel and contractors. In addition, the Department processes all
Privacy Act and JRA requests for access to records under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), following the rules contained in
subpart A of this part, which gives requesters the benefit of both
statutes.
(3) The provisions established by this subpart apply to all
Department Components, as defined in paragraph (b)(1) of this section.
(4) DHS has a decentralized system for processing requests, with
each component handling requests for its records.
(b) Definitions. As used in this subpart:
(1) Component means the office that processes Privacy Act and JRA
requests for each separate organizational entity within DHS that
reports directly to the Office of the Secretary.
(2) Request for access to a record means a request made under
Privacy Act subsection (d)(1).
(3) Request for amendment or correction of a record means a request
made under Privacy Act subsection (d)(2).
(4) Request for an accounting means a request made under Privacy
Act subsection (c)(3).
(5) Requester means an individual who makes a request for access, a
request for amendment or correction, or a request for an accounting
under the Privacy Act.
(6) Individual means, as defined by the Privacy Act, 5 U.S.C.
552a(a)(2), a citizen of the United States or an alien lawfully
admitted for permanent residence. Also, an individual, for
[[Page 68602]]
purposes of this subpart, but limited to the exclusive rights and civil
remedies provided in the JRA, includes covered persons, as defined by
the JRA, as a natural person (other than an individual) who is a
citizen of a covered country, as designated by the Attorney General,
with the concurrence of the Secretary of State, the Secretary of the
Treasury, and the Secretary of Homeland Security.
(7) Record has the same meaning as contained in the Privacy Act, 5
U.S.C. 552a(a)(4), except that in cases covered by the JRA, the term
``record'' has the same meaning as ``covered record'' in the JRA, 5
U.S.C. 552a note.
(c) Authority to request records for a law enforcement purpose. The
head of a component or designee thereof is authorized to make written
requests under subsection 552a(b)(7) of the Privacy Act for records
maintained by other agencies that are necessary to carry out an
authorized law enforcement activity.
(d) Notice on Departmental use of (b)(1) exception. As a general
matter, when applying the Privacy Act (b)(1) exception for authorized
disclosures within an agency on a need to know basis, the Department
will consider itself a single entity, meaning that information may be
disclosed between components of the Department under the (b)(1)
exception.
Sec. 5.21 Requests for access to records.
(a) How made and addressed. (1) DHS has a decentralized system for
responding to Privacy Act and JRA requests, with each component
designating an office to process records from that component.
(2) An individual may make a request for access to a Department of
Homeland Security record about that individual covered by a DHS or
Component system of records notice (SORN) by writing directly to the
Department component that maintains the record at the address listed in
appendix A to this part or via the internet at <a href="http://www.dhs.gov/dhs-foia-request-submission-form">http://www.dhs.gov/dhs-foia-request-submission-form</a>. A description of all DHS-wide and
component SORNs may be found here: <a href="https://www.dhs.gov/system-records-notices-sorns">https://www.dhs.gov/system-records-notices-sorns</a>.
(3) In most cases, a component's central FOIA office, as indicated
in appendix A to this part, is the place to send a Privacy Act request.
For records held by a field office of U.S. Customs and Border
Protection, the U.S. Coast Guard, or other Department components with
field offices other than the U.S. Secret Service and Transportation
Security Administration, the requester must write directly to that U.S.
Customs and Border Protection, Coast Guard, or other field office
address, which can be found by calling the component's central FOIA
office. Requests for U.S. Secret Service records should be sent only to
the U.S. Secret Service central FOIA office, and requests for
Transportation Security Administration records should be sent only to
the Transportation Security Administration central FOIA office.
(4) Requests for records held by the Cybersecurity and
Infrastructure Security Agency (CISA) should be sent to the DHS Privacy
Office.
(5) DHS's FOIA website refers the reader to descriptions of the
functions of each component and provides other information that is
helpful in determining where to make a request. Each component's FOIA
office and any additional requirements for submitting a request to a
given component are listed in appendix A to this part. These references
can all be used by requesters to determine where to send their requests
within DHS.
(6) An individual may also send a request to the Privacy Office,
Mail Stop 0655, U.S. Department of Homeland Security, 2707 Martin
Luther King Jr. Ave. SE, Washington DC 20528-0655, or via the internet
at <a href="http://www.dhs.gov/dhs-foia-request-submission-form">http://www.dhs.gov/dhs-foia-request-submission-form</a>, or via fax to
(202) 343-4011. The Privacy Office will forward the request to the
component(s) that it determines to be most likely to maintain the
records that are sought. For the quickest possible handling, the
requester should mark both the request letter and the envelope
``Privacy Act Request'' or ``Judicial Redress Act Request.''
(b) Government-wide SORNs. A government-wide system of records is a
system of records where one agency has regulatory authority over
records in the custody of multiple agencies, and the agency with
regulatory authority publishes a SORN that applies to all of the
records regardless of their custodial location. If records are sought
that are covered by a Government-wide SORN and requested of DHS, DHS
will consult or refer such request, only as applicable and necessary,
to the corresponding agency having authority over such records for
further processing. DHS will acknowledge to the requester that it is
referring the request to another agency or consulting with that agency
when processing the request.
(c) Description of records sought. A requester must describe the
records sought in sufficient detail to enable Department personnel to
locate the system of records covering them with a reasonable amount of
effort. Whenever possible, the request should describe the records
sought, the time periods in which the requester believes they were
compiled, the office or location in which the requester believes the
records are kept, and the name or identifying number of each system of
records in which the requester believes they are kept. The Department
publishes notices in the Federal Register that describe its components'
systems of records. These notices can be found on the Department's
website here: <a href="https://www.dhs.gov/system-records-notices-sorns">https://www.dhs.gov/system-records-notices-sorns</a>. If a
request does not adequately describe the records sought, DHS may at its
discretion either administratively close the request or seek additional
information from the requester. Requests for clarification or more
information will be made in writing (either via U.S. mail or electronic
mail whenever possible). Requesters may respond by U.S. Mail or by
electronic mail regardless of the method used by DHS to transmit the
request for additional information. To be considered timely, responses
to requests for additional information must be postmarked or received
by electronic mail within 30 working days of the postmark date or date
of the electronic mail request for additional information. If the
requester does not respond timely, the request may be administratively
closed at DHS's discretion. This administrative closure does not
prejudice the requester's ability to submit a new request for further
consideration with additional information.
(d) Agreement to pay fees. DHS and components shall charge for
processing requests under the Privacy Act or JRA. DHS and components
will ordinarily use the most efficient and least expensive method for
processing requested records. DHS may contact a requester for
additional information in order to resolve any fee issues that arise
under this section. DHS ordinarily will collect all applicable fees
before sending copies of records to a requester. If one makes a Privacy
Act or JRA request for access to records, it will be considered a firm
commitment to pay all applicable fees charged under Sec. 5.29, up to
$25.00. The component responsible for responding to a request
ordinarily will confirm this agreement in an acknowledgement letter.
When making a request, an individual may specify a willingness to pay a
greater or lesser amount. Requesters must pay fees by check or money
order made payable to the Treasury of the United States.
(e) Verification of identity. When an individual makes a request
for access to their own records, their identity must be verified. The
individual must provide
[[Page 68603]]
their full name, current address, date and place of birth, and country
of citizenship or residency. The individual must sign the request and
provide a signature that must either be notarized or submitted by the
requester under 28 U.S.C. 1746, a law that permits statements to be
made under penalty of perjury, as a substitute for notarization. An
individual may obtain more information about this process at <a href="http://www.dhs.gov/foia">http://www.dhs.gov/foia</a> or 1-866-431-0486. In order to help the identification
and location of requested records, an individual may also voluntarily
include other identifying information that are relevant to the request
(e.g., passport number, Alien Registration Number (A-Number)).
(f) Verification of guardianship. When making a request as the
parent or guardian of a minor or as the guardian of someone determined
by a court of competent jurisdiction to be incompetent due to physical
or mental incapacity or age, for access to records about that
individual, the individual submitting a request must establish:
(1) The identity of the individual who is the subject of the
record, by stating the name, current address, date and place of birth,
and country of citizenship or residency of the individual;
(2) The submitting individual's own identity, in the same manner as
required in paragraph (e) of this section;
(3) That the submitting individual is the parent or guardian of the
subject of the record, which may be proven by providing a copy of the
subject of the record's birth certificate showing parentage or by
providing a court order establishing guardianship; and
(4) That the submitting individual is acting on behalf of that
individual that is the subject of the record.
(g) Verification in the case of third-party information requests.
Outside of requests made pursuant to paragraph (f) of this section, if
a third party requests records about a subject individual, the third
party requester must provide verification of the subject individual's
identity in the manner provided in paragraph (e) of this section along
with the subject individual's written consent authorizing disclosure of
the records to the third party requester, or by submitting proof by the
requester that the subject individual is deceased (e.g., a copy of a
death certificate or an obituary). As an exercise of its administrative
discretion, each component can require a third-party requester to
supply additional information to verify that the subject individual has
consented to disclosure or is deceased.
Sec. 5.22 Responsibility for responding to requests for access to
records.
(a) In general. Except as stated in paragraphs (c), (d), and (e) of
this section, the component that first receives a request for access to
a record, and has possession of that record, is the component
responsible for responding to the request. In determining which records
are responsive to a request, a component ordinarily will include only
those records in its possession as of the date the component begins its
search for them. If any other date is used, the component will inform
the requester of that date.
(b) Authority to grant or deny requests. The head of a component,
or the component head's designee, is authorized to grant or deny any
request for access or amendment to a record of that component.
(c) Consultations, coordination, and referrals. All consultations,
coordination, and referrals for requests of records subject to the
Privacy Act or JRA will follow the same process and procedures as
described in Sec. 5.4(d), including how to handle those requests that
pertain to law enforcement information, as specified in Sec.
5.4(d)(2), and classified information, as specified in Sec. 5.4(d)(2)
and (e). Further, whenever a request is made for access to a record
containing information that has been classified by or may be
appropriate for classification by another component or agency under any
relevant executive order concerning the classification of records, the
receiving component will refer to Sec. 5.24 for processing.
(d) Release of medical records. (1) Generally, an individual has
the right to access their medical records maintained by the Department.
Special procedures for requests from an individual requesting medical
records that include psychological records for which direct release may
cause harm to the individual requesting access are set forth in
paragraph (d)(2) of this section.
(2) If a request is made for access to medical records that include
psychological records, and a component medical practitioner or
qualified designee determines that direct release is likely to
adversely affect the individual who is requesting access, the component
will request the individual to provide the name and contact information
of a representative who is capable of ameliorating the potential
adverse effect. The representative may be a physician or other health
professional who will be willing to review the record and inform the
requester of its contents. Once provided, the component FOIA office or
designated component official will send the medical records to the
individual's designated representative. The component will inform the
subject individual in writing (either via U.S. mail or electronic mail
whenever possible) that the record has been sent to that individual's
chosen representative. The representative does not have the discretion
to withhold any part of the individual's record. If the subject
individual does not comply with the procedural requirement to designate
a representative, the component may decline to release the requested
information.
(3) Paragraph (d)(2) of this section does not apply to Coast Guard
records held by another agency.
(e) Notice of referral. Whenever a component refers all or any part
of the responsibility for responding to a request to another component
or agency, it ordinarily will notify the requester of the referral and
inform the requester of the name of each component or agency to which
the request has been referred and of the part of the request that has
been referred.
(f) Timing of responses to consultations and referrals. All
consultations and referrals received by DHS will be handled according
to the date the Privacy Act or JRA access request was initially
received by the first component or agency, not any later date.
(g) Agreements regarding consultations and referrals. Components
may establish agreements with other components or agencies to eliminate
the need for consultations or referrals with respect to types of
records.
Sec. 5.23 Responses to requests for access to records.
(a) In general. Components should, to the extent practicable,
communicate with requesters having access to the internet using
electronic means, such as email or web portal.
(b) Acknowledgements of requests. Consistent with the procedures in
subpart A of this part, a component will acknowledge the request and
assign it an individualized tracking number if it will take longer than
ten (10) working days to process. Components will include in the
acknowledgement letter a brief description of the records sought to
allow requesters to more easily keep track of their requests. Further,
in the acknowledgment letter, the component will confirm the
requester's agreement to pay fees under Sec. Sec. 5.21(d) and 5.29.
(c) Grants of requests for access. Consistent with the procedures
in subpart A to this part, a component will have twenty (20) working
days from when a request is received to determine
[[Page 68604]]
whether to grant or deny the request unless there are unusual or
exceptional circumstances as defined by the FOIA and set out in Sec.
5.5(c). Once a component decides to grant a request for access to
record(s) in whole or in part, it will notify the requester in writing.
The component will inform the requester in the notice of any fee
charged under Sec. Sec. 5.21(d) and 5.29 and will disclose records to
the requester promptly upon payment of any applicable fee. The
component will inform the requester of the availability of its FOIA
Liaison to offer assistance.
(d) Adverse determinations of requests for access. A component
making an adverse determination denying a request for access in any
respect will notify the requester of that determination in writing.
Adverse determinations, or denials of requests, include decisions that:
the requested record is exempt, in whole or in part; the requested
record does not exist or cannot be located; or the record requested is
not subject to the Privacy Act or JRA. Further, adverse determinations
also include disputes regarding fees, or denials of a request for
expedited processing. The denial letter will be signed by the head of
the component, or the component head's designee, and will include:
(1) The name and title or position of the person responsible for
the denial;
(2) A brief statement of the reason(s) for the denial, including
any Privacy Act exemption(s) applied by the component in denying the
request; and
(3) A statement that the denial may be appealed under Sec. 5.25(a)
and a description of the requirements of Sec. 5.25(a).
(e) JRA access requests. For purposes of responding to a JRA access
request, a covered person is subject to the same limitations, including
exemptions and exceptions, as an individual is subject to under section
552a of title 5, United States Code, when pursuing access to records.
The implementing regulations and reasons provided for exemptions can be
found in appendix C to this part.
Sec. 5.24 Classified information.
On receipt of any request involving classified information, the
component will determine whether information is currently and properly
classified and take appropriate action to ensure compliance with 6 CFR
part 7. Whenever a request is made for access to a record that is
covered by a system of records containing information that has been
classified by or may be appropriate for classification by another
component or agency under any applicable executive order, the receiving
component will consult the component or agency that classified the
information. Whenever a record contains information that has been
derivatively classified by a component or agency because it contains
information classified by another component or agency, the component
will consult the component or agency that classified the underlying
information. Information determined to no longer require classification
will not be withheld from a requester based on exemption (k)(1) of the
Privacy Act. On receipt of any appeal involving classified information,
the DHS Office of the General Counsel, or its designee, shall take
appropriate action to ensure compliance with 6 CFR part 7.
Sec. 5.25 Administrative appeals for access requests.
(a) Requirements for filing an appeal. An individual may appeal an
adverse determination denying the individual's request for access in
any respect to the appropriate Appeals Officer. For the address of the
appropriate component Appeals Officer, an individual may contact the
applicable component FOIA Liaison using the information in appendix A
to this part, visit <a href="http://www.dhs.gov/foia">www.dhs.gov/foia</a>, or call 1-866-431-0486. An appeal
must be in writing, and to be considered timely it must be postmarked
or, in the case of electronic submissions, transmitted to the Appeals
Officer within 90 working days, consistent with the procedures in
subpart A to this part, after the date of the component's response. An
electronically filed appeal will be considered timely if transmitted to
the Appeals Officer by 11:59:59 p.m. EST or EDT on the 90th working
day. The appeal should clearly identify the component determination
(including the assigned request number if the requester knows it) that
is being appealed and should contain the reasons the requester believes
the determination was erroneous. For the quickest possible handling, an
individual should mark both the appeal letter and the envelope
``Privacy Act Appeal'' or ``Judicial Redress Act Appeal.''
(b) Adjudication of appeals. The DHS Office of the General Counsel,
or its designee, (e.g., Component Appeals Officer) is the authorized
appeals authority for DHS. On receipt of any appeal involving
classified information, the Appeals Officer will consult with the Chief
Security Officer and take appropriate action to ensure compliance with
6 CFR part 7. If the appeal becomes the subject of a lawsuit, the
Appeals Officer is not required to act further on the appeal.
(c) Appeal decisions. Consistent with the procedures in subpart A
to this part, the decision on an appeal will be made in writing
generally twenty (20) working days after receipt. However, consistent
with the procedures in subpart A to this part, the time limit for
responding to an appeal may be extended provided the circumstances set
forth in 5 U.S.C. 552(a)(6)(B)(i) are met. A decision affirming an
adverse determination in whole or in part will include a brief
statement of the reason(s) for the affirmance, including any Privacy
Act exemption applied, and will inform the requester of the Privacy Act
provisions for court review of the decision. If the adverse
determination is reversed or modified on appeal in whole or in part,
the requester will be notified in a written decision and the request
will be reprocessed in accordance with that appeal decision. An adverse
determination by the DHS Office of the General Counsel or its designee
or Component Appeals Officer will be the final action of the
Department.
(d) Appeal necessary before seeking court review. If an individual
wishes to seek review by a court of any adverse determination or denial
of a request by DHS within the allotted 20 working days to respond
unless there are unusual or exceptional circumstances, that individual
must first appeal it under this subpart. An appeal will not be acted on
if the request becomes a matter of litigation.
Sec. 5.26 Requests for amendment or correction of records.
(a) How made and addressed. Unless the record is not subject to
amendment or correction as stated in paragraph (f) of this section, an
individual may make a request for amendment or correction of a record
of the Department about that individual by writing directly to the
component that maintains the record, following the procedures in Sec.
5.21. The request should identify each record in question, state the
amendment or correction requested, and state the reason why the
requester believes that the record is not accurate, relevant, timely,
or complete. The requester may submit any documentation that the
requester thinks would support the request. If the individual believes
that the same record is in more than one system of records, the
requester should state that and address the request to each component
that maintains a system of records containing the record.
(b) Component responses. Within ten working days of receiving a
request for amendment or correction of records, a
[[Page 68605]]
component will send the requester a written acknowledgment of its
receipt of the request, and it will promptly notify the requester
whether the request is granted or denied. If the component grants the
request in whole or in part, it will describe the amendment or
correction made and will advise the requester of the right to obtain a
copy of the corrected or amended record, in disclosable form. If the
component denies the request in whole or in part, it will send the
requester a letter signed by the head of the component, or the
component head's designee, that will state:
(1) The reason(s) for the denial; and
(2) The procedure for appeal of the denial under paragraph (c) of
this section, including the name and business address of the official
who will act on the appeal.
(c) Appeals. Within 90 working days after the date of the
component's response, the requester may appeal a denial of a request
for amendment or correction to the Component Appeals Officer or the DHS
Office of the General Counsel or its designee. The Component Appeals
Officer or the DHS Office of the General Counsel or its designee must
complete its review and make a final determination on the requester's
appeal no later than 30 days (excluding Saturdays, Sundays, and legal
public holidays) from the date on which the individual requests such
review unless good cause is shown, and communicated to the individual,
for which the 30-day period may be extended for an additional 30 days.
If the appeal is denied, the requester will be advised of the right to
file a Statement of Disagreement as described in paragraph (d) of this
section and of the right under the Privacy Act, 5 U.S.C. 552a(d)(3),
for court review of the decision. If an individual wishes to seek
review by a court of any adverse determination or denial of a request,
that individual must first appeal it under this subpart. For purposes
of responding to a JRA amendment request, a covered person is subject
to the same limitations, including exemptions and exceptions, as an
individual is subject to under section 552a of title 5, United States
Code, when pursuing amendment to records. The implementing regulations
and reasons provided for exemptions can be found in appendix C to this
part, titled DHS Systems of Records Exempt from the Privacy Act.
(d) Statements of Disagreement. If an individual's appeal under
this section is denied in whole or in part, that individual has the
right to file a Statement of Disagreement, unless exempt, that states
the individual's reason(s) for disagreeing with the Department's denial
of the request for amendment or correction. Statements of Disagreement
must be concise, must clearly identify each part of any record that is
disputed, and should be no longer than one typed page for each fact
disputed. The individual's Statement of Disagreement must be sent to
the component involved, which will place it in the system of records in
which the disputed record is maintained and will mark the disputed
record to indicate that a Statement of Disagreement has been filed and
where in the system of records it may be found.
(e) Notification of amendment/correction or disagreement. Within 30
working days of the amendment or correction of a record, the component
that maintains the record will, unless exempt, notify all persons,
organizations, or agencies to which it previously disclosed the record,
if an accounting of that disclosure was made or should have been made,
that the record has been amended or corrected. If an individual has
filed a Statement of Disagreement, the component will append a copy of
it to the disputed record whenever the record is disclosed and may also
append a concise statement of its reason(s) for denying the request to
amend or correct the record.
(f) Records not subject to amendment or correction. The following
records are not subject to amendment or correction:
(1) Transcripts of testimony given under oath or written statements
made under oath;
(2) Transcripts of grand jury proceedings, judicial proceedings, or
quasi-judicial proceedings, which are the official record of those
proceedings;
(3) Presentence records that originated with the courts; and
(4) Records in systems of records that have been exempted from
amendment and correction under the Privacy Act (5 U.S.C. 552a(j) or
(k)) pursuant to a final rule published in the Federal Register.
Sec. 5.27 Requests for an accounting of record disclosures.
(a) How made and addressed. Except where accountings of disclosures
are not required to be kept (as stated in paragraph (b)(1) of this
section), an individual may make a request for an accounting of any
disclosure that has been made by the Department to another person,
organization, or agency of any record about the requester. This
accounting contains the date, nature, and purpose of each disclosure,
as well as the name and address of the person, organization, or agency
to which the disclosure was made. A request for an accounting should
identify each record in question and should be made by writing directly
to the Department component that maintains the record, following the
procedures in Sec. 5.21.
(b) Where accountings are not required. Components are not required
to provide accountings to the requester where they relate to:
(1) Disclosures for which accountings are, by statute (5 U.S.C.
552a(c)(1)), not required to be kept, such as disclosures that are made
to officers and employees within the agency and disclosures that are
required to be made under the FOIA, or for records covered by the JRA;
(2) Disclosures made to law enforcement agencies for authorized law
enforcement activities in response to written requests from those law
enforcement agencies specifying the law enforcement activities for
which the disclosures are sought; or
(3) Disclosures made from systems of records that have been
exempted from accounting requirements by a rulemaking pursuant to 5
U.S.C. 552a(j) or (k).
(c) Appeals. A requester may appeal a denial of a request for an
accounting to the Component Appeals Officer or the DHS Office of the
General Counsel or its designee in the same manner as a denial of a
request for access to records (see Sec. 5.25) and the same procedures
will be followed.
Sec. 5.28 Preservation of records.
Each component will preserve all correspondence pertaining to the
requests that it receives under this subpart, as well as copies of all
requested records, until disposition or destruction is authorized by
title 44 of the United States Code or the National Archives and Records
Administration's General Records Schedule 4.2. Records will not be
disposed of while they are the subject of a pending request, appeal,
lawsuit, or litigation or audit hold under the Act.
Sec. 5.29 Fees.
(a) Fees for access requests granted in full under the Privacy Act
are limited to duplication fees, which are chargeable to the same
extent that fees are chargeable under subpart A of this part. An access
request not granted in full under the Privacy Act will be processed
under the FOIA and will be subject to all fees chargeable under the
applicable FOIA regulations. Fees are not charged for processing
amendment and accounting requests.
(b) DHS will not process a request under the Privacy Act or JRA
from persons with an unpaid fee from any previous Privacy Act or JRA
request to
[[Page 68606]]
any Federal agency until that outstanding fee has been paid in full to
the agency.
Sec. 5.30 Notice of court-ordered and emergency disclosures.
(a) Court-ordered disclosures. When the component discloses an
individual's information covered by a system of records pursuant to an
order from a court of competent jurisdiction, and the order is a matter
of public record, the Privacy Act requires the component to send a
notice of the disclosure to the last known address of the person whose
record was disclosed. Notice will be given within a reasonable time
after the component's receipt of the order, except that in a case in
which the order is not a matter of public record, the notice will be
given only after the order becomes public. This notice will be mailed
to the individual's last known address and will contain a copy of the
order and a description of the information disclosed. Notice will not
be given if disclosure is made from a criminal law enforcement system
of records that has been exempted from the notice requirement.
(b) Court. For purposes of this section, a court is an institution
of the judicial branch of the U.S. Federal Government consisting of one
or more judges who seek to adjudicate disputes and administer justice.
Entities not in the judicial branch of the Federal Government are not
courts for purposes of this section.
(c) Court order. For purposes of this section, a court order is any
legal process which satisfies all the following conditions:
(1) It is issued under the authority of a Federal court;
(2) A judge or a magistrate judge of that court signs it;
(3) It commands or permits DHS to disclose the Privacy Act
protected information at issue; and
(4) The court is a court of competent jurisdiction.
(d) Court of competent jurisdiction. It is the view of DHS that
under the Privacy Act the Federal Government has not waived sovereign
immunity, which precludes state court jurisdiction over a Federal
agency or official. Therefore, DHS will not honor state court orders as
a basis for disclosure, unless DHS does so under its own discretion.
(e) Conditions for disclosure under a court order of competent
jurisdiction. The component may disclose information in compliance with
an order of a court of competent jurisdiction if--
(1) Another section of this part specifically allows such
disclosure, or
(2) DHS, the Secretary, or any officer or employee of DHS in their
official capacity is properly a party in the proceeding, or
(3) Disclosure of the information is necessary to ensure that an
individual who is accused of criminal activity receives due process of
law in a criminal proceeding under the jurisdiction of the judicial
branch of the Federal Government.
(f) In other circumstances. DHS may disclose information to a court
of competent jurisdiction in circumstances other than those stated in
paragraph (e) of this section. DHS will make its decision regarding
disclosure by balancing the needs of a court while preserving the
confidentiality of information. For example, DHS may disclose
information under a court order that restricts the use and redisclosure
of the information by the participants in the proceeding; DHS may offer
the information for inspection by the court in camera and under seal;
or DHS may arrange for the court to exclude information identifying
individuals from that portion of the record of the proceedings that is
available to the public.
(g) Emergency disclosures. Upon disclosing a record pertaining to
an individual made under compelling circumstances affecting the health
or safety of an individual, the component will notify the individual to
whom the record pertains of the disclosure. This notice will be mailed
to the individual's last known address and will state the nature of the
information disclosed; the person, organization, or agency to which it
was disclosed; the date of disclosure; and the compelling circumstances
justifying the disclosure.
(h) Other regulations on disclosure of information in litigation.
See subpart C to this part for additional rules covering disclosure of
information and records governed by this part and requested in
connection with legal proceedings.
Sec. 5.31 Security of systems of records.
(a) In general. Each component will establish administrative and
physical controls to prevent unauthorized access to its systems of
records, to prevent unauthorized disclosure of records, and to prevent
physical damage to or destruction of records. The stringency of these
controls will correspond to the sensitivity of the records that the
controls protect. At a minimum, each component's administrative and
physical controls will ensure that:
(1) Records are protected from public view;
(2) The area in which records are kept is supervised during
business hours to prevent unauthorized persons from having access to
them;
(3) Records are inaccessible to unauthorized persons outside of
business hours; and
(4) Records are not disclosed to unauthorized persons or under
unauthorized circumstances in either oral or written form.
(b) Procedures required. Each component will have procedures that
restrict access to records to only those individuals within the
Department who must have access to those records to perform their
duties and that prevent inadvertent disclosure of records.
Sec. 5.32 Contracts for the operation of systems of records.
As required by 5 U.S.C. 552a(m), any approved contract for the
operation of a system of records to accomplish an agency function will
contain the standard contract requirements issued by the General
Services Administration to ensure compliance with the requirements of
the Privacy Act for that system. The contracting component will be
responsible for ensuring that the contractor complies with these
contract requirements.
Sec. 5.33 Use and collection of Social Security numbers.
Each component will ensure that employees authorized to collect
information are aware:
(a) That individuals may not be denied any right, benefit, or
privilege because of refusing to provide their Social Security numbers,
unless the collection is authorized either by a statute or by a
regulation issued prior to 1975; and
(b) That individuals requested to provide their Social Security
numbers must be informed of:
(1) Whether providing Social Security numbers is mandatory or
voluntary;
(2) Any statutory or regulatory authority that authorizes the
collection of Social Security numbers; and
(3) The uses that will be made of the numbers.
(c) Including Social Security numbers of an individual on any
document sent by mail is not permitted unless the Secretary determines
that the inclusion of the number on the document is necessary.
Sec. 5.34 Standards of conduct for administration of the Privacy Act.
Each component will inform its employees of the provisions of the
Privacy Act, including the Act's civil liability and criminal penalty
provisions referenced in Sec. 5.35. Unless otherwise permitted by law,
the Department will:
[[Page 68607]]
(a) Maintain only such information about an individual as is
relevant and necessary to accomplish a purpose of the Component or the
Department that is required to be accomplished by statute or by
Executive order of the President;
(b) Collect information about an individual directly from that
individual whenever practicable and when the information may result in
adverse determinations about an individual's rights, benefits, and
privileges under federal programs;
(c) Inform each individual from whom information is collected of:
(1) The legal authority to collect the information and whether
providing it is mandatory or voluntary;
(2) The principal purpose for which the Department intends to use
the information;
(3) The routine uses the Department may make of the information;
and
(4) The effects on the individual, if any, of not providing the
information;
(d) Ensure that the component maintains no system of records
without public notice and that it notifies appropriate Department
officials of the existence or development of any system of records that
is not the subject of a current or planned public notice;
(e) Maintain all records that are used by the Department in making
any determination about an individual with such accuracy, relevance,
timeliness, and completeness as is reasonably necessary to ensure
fairness to the individual in the determination;
(f) Except as to disclosures made to an agency or made under the
FOIA, make reasonable efforts, prior to disseminating any record about
an individual, to ensure that the record is accurate, relevant, timely,
and complete;
(g) Maintain no record describing how an individual exercises their
First Amendment rights, unless it is expressly authorized by statute or
by the individual about whom the record is maintained, or is pertinent
to and within the scope of an authorized law enforcement activity;
(h) When required by the Act, maintain an accounting in the
specified form of all disclosures of records by the Department to
persons, organizations, or agencies;
(i) Maintain and use records with care to prevent the unauthorized
or inadvertent disclosure of a record to anyone; and
(j) Disclose Privacy Act or JRA records only as permitted by 5
U.S.C. 552a(b).
Sec. 5.35 Sanctions and penalties.
Each component will inform its employees and contractors of the
Privacy Act's civil liability provisions (5 U.S.C. 552a(g)) and
criminal penalty provisions (5 U.S.C. 552a(i)) as they apply to Privacy
Act and JRA complaints.
Sec. 5.36 Other rights and services.
Nothing in this subpart will be construed to entitle any person, as
of right, to any service or to the disclosure of any record to which
such person is not entitled under the Privacy Act or JRA.
0
8. Revise appendix A to part 5 to read as follows:
Appendix A to Part 5--FOIA/Privacy Act Offices of the Department of
Homeland Security
I. For the following Headquarters Offices of the Department of
Homeland Security, FOIA and Privacy Act requests should either be
mailed to the Department's Privacy Office, Mail Stop 0655, U.S.
Department of Homeland Security, 2707 Martin Luther King Jr. Ave. SE,
Washington, DC 20528-0655, or submitted electronically through <a href="https://foiarequest.dhs.gov/">https://foiarequest.dhs.gov/</a>. To respond to your FOIA or Privacy Act request as
quickly as possible, we strongly encourage you to submit your request
electronically. Additional contact information for questions: Phone:
202-343-1743 or 866-431-0486, Fax: 202-343-4011, or Email:
<a href="/cdn-cgi/l/email-protection#01676e68604169702f6569722f666e77"><span class="__cf_email__" data-cfemail="1c7a73757d5c746d3278746f327b736a">[email protected]</span></a>. The Public Liaison may also be contacted using this
information.
The Headquarters Offices are:
Office of the Secretary
Office of the Deputy Secretary
Office of the General Counsel (OGC)
Office of the Executive Secretary (ESEC)
Office of Intelligence and Analysis (I&A)
Office of Legislative Affairs (OLA)
Office of Operations Coordination (OPS)
Office of Partnership and Engagement (OPE)
Office of Public Affairs (OPA)
Office of Strategy, Policy, and Plans (PLCY)
Citizenship and Immigration Services Ombudsman (CISOMB)
Civil Rights and Civil Liberties (CRCL) Countering Weapons of Mass
Destruction Office (CWMD)
Federal Protective Service (FPS)
Management Directorate (MGMT), including the Office of Biometric
Identity Management (OBIM)
Military Advisor's Office (MIL)
Privacy Office (PRIV)
Science and Technology Directorate (S&T)
II. For the following components and offices of the Department of
Homeland Security, FOIA and Privacy Act requests should be sent to the
component's FOIA Office, unless otherwise noted below. For each
component, the Public Liaison may also be contacted using the
information below. The components are:
Cybersecurity and Infrastructure Security Agency (CISA)
All requests should be either be mailed to the Department's Privacy
Office, Mail Stop 0655, U.S. Department of Homeland Security, 2707
Martin Luther King Jr. Ave. SE, Washington, DC 20528-0655, or submitted
electronically through <a href="https://foiarequest.dhs.gov/">https://foiarequest.dhs.gov/</a>. To respond to your
FOIA or Privacy Act request as quickly as possible, we strongly
encourage you to submit your request electronically. Additional contact
information for questions: Phone: 202-343-1743 or 866-431-0486, Fax:
202-343-4011, or Email: <a href="/cdn-cgi/l/email-protection#3f7c766c7e7970767e7f574e115b574c11585049"><span class="__cf_email__" data-cfemail="6b2822382a2d24222a2b031a450f0318450c041d">[email protected]</span></a>.
U.S. Customs and Border Protection (CBP)
All requests should be mailed to U.S. Customs and Border
Protection, Office of Privacy and Diversity Office, 90 K Street NE,
Mail Stop 1181, 9th Floor, or submitted electronically at <a href="https://foiaonline.gov/foiaonline/action/public/home">https://foiaonline.gov/foiaonline/action/public/home</a> or
<a href="/cdn-cgi/l/email-protection#1c7f7e6c7a73757d6c697e70757f70757d756f73725c7f7e6c3278746f327b736a"><span class="__cf_email__" data-cfemail="15767765737a7c74656077797c76797c747c667a7b557677653b717d663b727a63">[email protected]</span></a>. Electronic requests should be made to
<a href="https://foiarequest.dhs.gov/">https://foiarequest.dhs.gov/</a> once CBP is no longer listed as an agency
on <a href="https://foiaonline.gov/foiaonline/action/public/home">https://foiaonline.gov/foiaonline/action/public/home</a>. To respond to
your FOIA or Privacy Act request as quickly as possible, we strongly
encourage you to submit your request electronically. Additional contact
information for questions: Phone: 202-325-0150.
Federal Emergency Management Agency (FEMA)
All requests should be mailed to FOIA Officer, 500 C Street SW,
Room 840, Washington, DC 20472, or submitted electronically through
<a href="https://foiarequest.dhs.gov/">https://foiarequest.dhs.gov/</a>. To respond to your FOIA or Privacy Act
request as quickly as possible, we strongly encourage you to submit
your request electronically. Additional contact information for
questions: Phone: 202-646-3323, Fax: 202-646-3347, or Email: <a href="/cdn-cgi/l/email-protection#e086858d81cd868f8981a086858d81ce848893ce878f96"><span class="__cf_email__" data-cfemail="4d2b28202c602b22242c0d2b28202c6329253e632a223b">[email protected]</span></a>.
Federal Law Enforcement Training Center (FLETC)
All requests should be mailed to Freedom of Information Act
Officer, Building #681, Suite B187, 1131 Chapel Crossing Road, Glico,
GA 31524, or submitted electronically to <a href="https://foiarequest.dhs.gov/">https://foiarequest.dhs.gov/</a>.
To respond to your FOIA or Privacy Act request as quickly as possible,
we strongly encourage you
[[Page 68608]]
to submit your request electronically. Additional contact information
for questions: Phone: 912-267-3103, Fax: 912-267-3113, or Email: <a href="/cdn-cgi/l/email-protection#94f2f8f1e0f7b9f2fbfdf5d4f0fce7baf3fbe2"><span class="__cf_email__" data-cfemail="b5d3d9d0c1d698d3dadcd4f5d1ddc69bd2dac3">[email protected]</span></a>.
Immigration and Customs Enforcement (ICE)
All requests should be mailed to Freedom of Information Act Office,
500 12th Street SW, Stop 5009, Washington, DC 20536-5009, or submitted
electronically through <a href="https://foiarequest.dhs.gov/">https://foiarequest.dhs.gov/</a>. To respond to your
FOIA or Privacy Act request as quickly as possible, we strongly
encourage you to submit your request electronically. Additional contact
information for questions: Phone: 866-633-1182, Fax: 202-732-4265, or
Email: <a href="/cdn-cgi/l/email-protection#620b01074f040d0b03220b01074c060a114c050d14"><span class="__cf_email__" data-cfemail="046d676129626b6d65446d67612a606c772a636b72">[email protected]</span></a>.
Office of Inspector General
All requests should be mailed to the OIG Office of Counsel, 245
Murray Lane SW, Mail Stop--0305, Washington, DC 20528-0305, or
submitted electronically through <a href="https://foiarequest.dhs.gov/">https://foiarequest.dhs.gov/</a>. To
respond to your FOIA or Privacy Act request as quickly as possible, we
strongly encourage you to submit your request electronically.
Additional contact information for questions: Phone: 202-981-6100, Fax:
202-245-5217, or Email: <a href="/cdn-cgi/l/email-protection#02646d6b632c6d6b65426d6b652c666a712c656d74"><span class="__cf_email__" data-cfemail="30565f59511e5f5957705f59571e5458431e575f46">[email protected]</span></a>.
Transportation Security Administration (TSA)
All requests should be mailed to Freedom of Information Act Branch,
6595 Springfield Center Drive, Springfield, VA 20598-6020, or submitted
electronically through <a href="https://foiarequest.dhs.gov/">https://foiarequest.dhs.gov/</a>. To respond to your
FOIA or Privacy Act request as quickly as possible, we strongly
encourage you to submit your request electronically. Additional contact
information for questions: Phone: 1-866-FOIA-TSA or 571-227-2300, Fax:
571-227-1406, or Email: <a href="/cdn-cgi/l/email-protection#dcbab3b5bd9ca8afbdf2b8b4aff2bbb3aa"><span class="__cf_email__" data-cfemail="e3858c8a82a3979082cd878b90cd848c95">[email protected]</span></a>.
U.S. Citizenship and Immigration Services (USCIS)
All requests should be mailed to National Records Center, FOIA/PA
Office, P. O. Box 648010, Lee's Summit, MO. 64064-8010 or submitted
electronically through the USCIS FOIA Portal: <a href="https://first.uscis.gov/">https://first.uscis.gov/</a>.
To respond to your FOIA or Privacy Act request as quickly as possible,
we strongly encourage you to submit your request electronically.
Additional contact information for questions: Phone: 1-800-375-5283,
USCIS Contact Center, or Email: <a href="/cdn-cgi/l/email-protection#aaece5e3ebfaebfbdfcfd9dec3c5c4d9eadfd9c9c3d984cec2d984cdc5dc"><span class="__cf_email__" data-cfemail="7e3831373f2e3f2f0b1b0d0a1711100d3e0b0d1d170d501a160d50191108">[email protected]</span></a>.
U.S. Coast Guard (USCG)
All requests should be mailed to Commandant (CG-6P), 2703 Martin
Luther King Jr. Ave. SE, Stop 7710, Washington, DC 20593-7710, or
submitted electronically through <a href="https://foiarequest.dhs.gov/">https://foiarequest.dhs.gov/</a>. To
respond to your FOIA or Privacy Act request as quickly as possible, we
strongly encourage you to submit your request electronically.
Additional contact information for questions: Phone: 202-475-3522, Fax:
202-372-8413, or Email: <a href="/cdn-cgi/l/email-protection#8de8ebe2e4eccdf8feeeeaa3e0e4e1"><span class="__cf_email__" data-cfemail="066360696f674673756561286b6f6a">[email protected]</span></a>.
U.S. Secret Service (USSS)
All requests should be mailed to Freedom of Information Act and
Privacy Act Branch, 245 Murray Lane SW, Building T-5, Washington, DC
20223, or submitted electronically to <a href="/cdn-cgi/l/email-protection#60262f292120151313134e0408134e070f16"><span class="__cf_email__" data-cfemail="8bcdc4c2cacbfef8f8f8a5efe3f8a5ece4fd">[email protected]</span></a>. To respond to
your FOIA or Privacy Act request as quickly as possible, we strongly
encourage you to submit your request electronically. Additional contact
information for questions: Phone: 202-406-6370, Fax: 202-406-5586, or
Email: <a href="/cdn-cgi/l/email-protection#92d4dddbd3d2e7e1e1e1bcf6fae1bcf5fde4"><span class="__cf_email__" data-cfemail="2761686e66675254545409434f5409404851">[email protected]</span></a>.
Lynn Parker Dupree,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2022-24871 Filed 11-15-22; 8:45 am]
BILLING CODE 4410-9B-P
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</html>Indexed from Federal Register on November 16, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.