CBP NARA Response (National Archives and Records Administration)
| Tracking # |
NGC24-346 |
| Multi Request | CBP NARA Response |
| Submitted | May 24, 2024 |
| Due | June 25, 2024 |
| Est. Completion | None |
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Communications
From: Andrew Free
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Please provide the response NARA received from US Customs and Border Protection (CBP) in response to the October 26, 2021, regarding the unauthorized disposition of federal records at issue in case UD-2022-0001_DHS-CBP_OpenLetter. https://www.archives.gov/files/records-mgmt/resources/ud-2022-0001-dhs-cbp-open-letter.pdf. This unauthorized disposition was documented by the DHS Office of Inspector General in a report numbered OIG-21-62 (https://www.oig.dhs.gov/sites/default/files/assets/2021-09/OIG-21-62-Sep21.pdf).
NARA's 2021 Letter to CBP states:
In accordance with 36 CFR Part 1230.14, CBP must respond to this letter with a report
documenting the unauthorized disposition of the federal records that were identified in the OIG
report. At a minimum, this report must include a complete description of the records with
volume and dates if known; description of the office maintaining the records; a statement of the
exact circumstances surrounding the removal, defacing, alteration, or destruction of records; a
statement of the safeguards established to prevent further loss of documentation; and details
of the actions taken to salvage, retrieve, or reconstruct the records. This report must also
include any records management corrective actions that CBP will be required to implement as a
result of the OIG investigation.
Additionally, please include in your report any documentation in the form of policies, training,
approved records schedules or other resources CBP has established to mitigate the records
management risk associated with the improper use of Wickr, WhatsApp, or similar messaging
applications.
Please provide your report within 30 days of the date of this letter. I appreciate your attention
to this important matter. If you have any questions or wish to discuss further, please contact me
at laurence.brewer@nara.gov.
We request the letter CBP provided in response to NARA's letter.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.
Sincerely,
Andrew Free
From: National Archives and Records Administration
Sent via Email <requests@muckrock.com>
May 28, 2024
Andrew Free
MuckRock News
DEPT MR 164190
263 Huntington Ave
Boston, MA 02115
RE: Freedom of Information Act Request NGC24-346
Dear Mr. Free:
Your FOIA request, dated May 27, 2024, was received by the National
Archives and Records Administration’s Operational FOIA Division on May 28,
2024, via foia@nara.gov. We assigned your request tracking number
NGC24-346. Please provide this number in any future correspondence about
your case.
Sincerely,
Operational FOIA Division
National Archives and Records Administration
8601 Adelphi Road
College Park, Maryland, 20740-6001
301-837-3642
From: National Archives and Records Administration
Sent via Email <requests@muckrock.com>
June 25, 2024
Andrew Free
MuckRock News
DEPT MR 164190
263 Huntington Ave
Boston, MA 02115
RE: Freedom of Information Act Request NGC24-346
Dear Mr. Free:
On May 28, 2024, we received your Freedom of Information Act (FOIA) request
that was assigned tracking number NGC24-346. Your request falls within one
of the “unusual circumstances” categories contemplated by the FOIA, 5
U.S.C. §552(a)(6)(B)(iii) (I), (II) and (III), and we need additional time
to respond to your request beyond the twenty business days provided by the
FOIA statute. Specifically, we need to search for and collect potentially
responsive records from an office separate from our office which is
processing the request. To enable us to respond more quickly to you, you
may wish to reformulate your request to narrow the scope of the request or
to arrange an alternative time frame for the processing of this request.
We regret the necessity of this delay but assure you that your request will
be processed as soon as possible. In accordance with 5 U.S.C.
§552(a)(6)(B)(i) the request will take an additional 10 working days from
the date of this letter. Please feel free to contact our office if you
have any questions. You may also contact our FOIA Public Liaison, Gary M.
Stern for assistance at 8601 Adelphi Road, College Park, MD 20740-6002,
301-837-1750, ngc.foia.liaison@nara.gov.
You are also free to seek the assistance of the Office of Government
Information Services (OGIS), the Federal FOIA Ombudsman’s office that
offers mediation services to help resolve disputes between FOIA requesters
and Federal agencies. The contact information for OGIS is noted below:
Office of Government Information Services
National Archives and Records Administration
8601 Adelphi Road–OGIS
College Park, MD 20740-6001
Email: ogis@nara.gov Website: ogis.archives.gov
Tel: 202-741-5770 or 1-877-684-6448
Sincerely,
Operational FOIA Division
National Archives and Records Administration
8601 Adelphi Road
College Park, Maryland, 20740-6001
301-837-3642
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