CBP NARA Response (United States Customs and Border Protection)
Tracking # |
CBP-FO-2024-114632 |
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: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 27, 2024. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: United States Customs and Border Protection
Andrew Free
N/A
MuckRock News, DEPT MR164189
263 Huntington Ave
Boston, Massachusetts 02115
09/24/2024
CBP-FO-2024-114632
Dear Andrew Free:
This notice acknowledges receipt of your Freedom of Information Act (FOIA) request to U.S. Customs and Border Protection (CBP) received on 5/27/2024. Please use the following unique FOIA tracking number CBP-FO-2024-114632 to track the status of your request. If you have not already done so, you must create a SecureRelease account. This is the only method available to check the status of your pending FOIA request.
Provisions of the Act allow us to recover part of the cost of complying with your request. We shall charge you for records in accordance with the DHS FOIA regulations outlined on the DHS website, https://www.federalregister.gov/documents/2016/11/22/2016-28095/freedom-of-information-act-regulations. By submitting your request, you have agreed to pay up to $25.00 in applicable processing fees, if any fees associated with your request exceed this amount, CBP shall contact you.
Due to the increasing number of FOIA requests received by this office, we may encounter some delay in processing your request. Consistent with 6 C.F.R. Part 5 § 5.5(a) of the DHS FOIA regulations, CBP processes FOIA requests according to their order of receipt. Although CBP’s goal is to respond within 20 business days of receipt of your request, FOIA does permit a 10-day extension of this time period in certain circumstances pursuant to 6 C.F.R. Part 5 § 5.5(c)As your request seeks a voluminous amount of separate and distinct records, CBP will invoke a 10-day extension for your request pursuant to 6 C.F.R. Part 5 § 5.5(c). If you would like to narrow the scope of your request, please contact our office. We will make every effort to comply with your request in a timely manner.
CBP’s FOIA Division is working hard to reduce the amount of time necessary to respond to FOIA requests. We truly appreciate your continued patience.
For additional information please consult CBP FOIA website please click on FOIA Act Resources or visit http://www.cbp.gov/site-policy-notices/foia.
Please note that this message has been sent from an unmonitored e-mail account. Any messages sent to this account will not be read.
Sincerely,
U.S. Customs and Border Protection
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 27, 2024. Please let me know when I can expect to receive a response. You had assigned it reference number #CBP-FO-2024-114632.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 27, 2024. Please let me know when I can expect to receive a response. You had assigned it reference number #CBP-FO-2024-114632.
Thanks for your help, and let me know if further clarification is needed.