Pre-employment polygraph screening data (United States Customs and Border Protection)

Mark Harris filed this request with the United States Customs and Border Protection of the United States of America.
Tracking #

25-F-2391
Multi Request Pre-employment polygraph screening data
Submitted Oct. 18, 2017
Status
Rejected

From: Mark Harris

Subject: Freedom of Information Request: Pre-employment polygraph screening data (United States Customs and Border Protection)

Fax

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

I am seeking:
Any periodic statistical reports (monthly, quarterly, yearly etc) of pre-employment screening polygraph testing and results.
Any documents containing summary or aggregate data on the demographics of individuals undergoing pre-employment polygraph screening. Demographics to include any of: race/ethnicity, gender, age, disability status.
Any reports or documents regarding complaints alleging gender, race, age or disability bias regarding pre-employment polygraph screening.
Any reports or documents that are inspections, oversight, audits, quality control or assurance of your pre-employment polygraph screening program.

The time period for all of the above to be 1 January 2010 to the current date, or the date of your search, whichever is later.
I am not requesting any records with personally identifiable information of any applicant.

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,

Mark Harris

From: United States Customs and Border Protection

Subject: FOIA Request CBP-2018-005942 Submitted

Email

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://foiaonline.regulations.gov:443/foia/action/public/view/request?objectId=090004d281696f64)
* Tracking Number: CBP-2018-005942
* Requester Name: Muck Rock
* Date Submitted: 10/25/2017
* Request Status: Submitted
* Description: Any periodical statistical reports of pre-employment screening polygraph testing and results.

From: United States Customs and Border Protection

Subject: CBP-2018-005942 - Acknowledgement Letter

Email

MuckRock News
DEPT MR 44688 411A Highland Ave Somerville MA 02144

Dear FOIA Requester:

This notice acknowledges receipt of your Freedom of Information Act (FOIA) request to U.S. Customs and Border Protection (CBP) received on 10/25/2017 in which you are seeking statistical reports of pre-employment screening polygraph testing and results.    Please use the following unique FOIA tracking number CBP-2018-005942 to track the status of your request.  If you have not already done so, you must create a FOIAonline account at https://foiaonline.regulations.gov.  This is the only method available to check the status of your pending FOIA request. (https://foiaonline.regulations.gov/)

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; however, the first 100 pages are free. (https://www.federalregister.gov/documents/2016/11/22/2016-28095/freedom-of-information-act-regulations)

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).

CBP’s FOIA Division is working hard to reduce the amount of time necessary to respond to FOIA requests.  Currently, the average time to process a FOIA request related to "travel/border incidents" is a minimum of 3-6 months. 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) http://www.cbp.gov/site-policy-notices/foia. (http://www.cbp.gov/site-policy-notices/foia)

From: United States Customs and Border Protection

Subject: FOIA Request Tracking Number Change for Request CBP-2018-005942 (to CBP-IA-2018-005942)

Email

The FOIA request CBP-2018-005942 has had its Tracking Number changed to CBP-IA-2018-005942. This is normally due to the request being transferred to another agency (for example, EPA to Dept. of Commerce) or to a sub-agency to process it. Additional details for this request are as follows:
* Old Tracking Number: CBP-2018-005942
* New Tracking Number: CBP-IA-2018-005942
* Requester Name: MuckRock News
* Date Submitted: 10/25/2017
* Long Description: Any periodical statistical reports of pre-employment screening polygraph testing and results.

From: United States Customs and Border Protection

Subject: CBP FOIA - CBP-IA-2018-005942

Email

MuckRock News
[Request|Requestor{Requestor}|Organization Name]
DEPT MR 44688
411A Highland Ave
Somerville, Massachusetts 02144

02/21/2025

CBP-IA-2018-005942

Dear MuckRock News:

A search of CBP databases produced records responsive to your Freedom of Information Act (FOIA) request CBP-IA-2018-005942, requesting records maintained by CBP.

CBP has determined that the responsive records are partially releasable, pursuant to Title 5 U.S.C. § 552 and have applied the appropriate exemptions notated below:

Exemption Summary:
(b)(7)(E)
Pursuant to exemption (b)(7)(E), 0 pages have been withheld in full and 8 pages in part.
Permits withholding of records when techniques and procedures for law enforcement investigations or process would be disclosed or provided such disclosure could reasonably be expected to risk circumvention of law.

Pursuant to DHS Instruction 262-11-004, FOIA Officers at DHS have been instructed to withhold personally identifiable information (PII) and sensitive personally identifiable information (SPII) of DHS personnel unless a determination is made that the disclosure does not raise security or privacy concerns, or if those concerns are outweighed by any public interest in that information. This policy is available online. Under this policy, the names of senior leaders, spokespersons, and political appointees are generally releasable. With respect to this FOIA request, DHS may have applied FOIA Exemption 6 to protect PII of DHS employees, including names and contact information. To the extent that has DHS withheld employee PII within these records, it has been determined that the employee(s) has/have substantial and legitimate privacy interests and that these interests are not outweighed by any public interest in the operations of the Department.

For your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA. See 5 U.S.C. 552(c). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist.

You may notice a recent date on the attached records. This is the date our processor queried the record in response to your FOIA request. For clarity, it is not the date the agency first created the record.
The following item(s) also apply to your request:

• Approximately [ ] pages were withheld in their entirety.
• Fees: In the processing of this FOIA request, no fees are being assessed.
• Other:

This completes the CBP response to your request. You may contact CBP's FOIA Public Liaison, Charlyse Hoskins, by sending an email via your SecureRelease account, mailing a letter to 1300 Pennsylvania Avenue, NW MS 1181, Washington DC, 20229 or by calling 202-325-0150. (If you need telecommunication relay service (TRS) assistance to communicate with the CBP FOIA Office and you are in the United States, please dial 711 to obtain TRS assistance and notify the Communications Assistant that you want to contact the CBP FOIA Office at the telephone number (202) 325-0150). The FOIA Public Liaison is able to assist in advising on the requirements for submitting a request, assist with narrowing the scope of a request, assist in reducing delays by advising the requester on the type of records to request, suggesting agency offices that may have responsive records and receive questions or concerns about the agency’s FOIA process. Please notate file number CBP-IA-2018-005942 on any future correspondence to CBP related to this request.

If you are not satisfied with the response to this request, you have a right to appeal the final disposition. Should you wish to do so, you must file your appeal within 90 days of the date of this letter following the procedures outlined in the DHS regulations at Title 6 C.F.R. §5.8. Please include as much information as possible to help us understand the grounds for your appeal. You should submit your appeal via your SecureRelease account . If you do not have computer access, you may send your appeal and a copy of this letter to: FOIA Appeals, Policy and Litigation Branch, U.S. Customs and Border Protection, 90 K Street, NE, 10th Floor, Washington, DC 20229-1177. Your envelope and letter should be marked "FOIA Appeal." Copies of the FOIA and DHS regulations are available at www.dhs.gov/foia. Additional information can be found at the following link https://www.cbp.gov/sites/default/files/assets/documents/2019-Dec/definitions-exemptions-foia_0.pdf.

Additionally, you have a right to seek dispute resolution services from the Office of Government Information Services (OGIS) which mediates disputes between FOIA requesters and Federal agencies as a non-exclusive alternative to litigation. If you are requesting access to your own records (which is considered a Privacy Act request), you should know that OGIS does not have the authority to handle requests made under the Privacy Act of 1974. You may contact OGIS as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769. Please note that contacting the CBP FOIA Public Liaison or OGIS does not stop the 90-day appeal clock and is not a substitute for filing an administrative appeal.

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: United States Customs and Border Protection

Subject: OSD/JS FOIA 25-F-2391 Final Response

Email

Good morning,

Please find the final response attached for your recent FOIA Request that
was requested on October 18, 2017. The case number for this request is
25-F-2391, please refer to this number, myself, and the action officer
mentioned in the final response, in any future correspondence regarding this
case.

Regards,

Edward J. Peak

FOIA Analyst

Freedom of Information Division

OSD/JS FOIA Requester Service Center

NIPR: <mailto:edward.peak3.ctr@mail.mil> edward.peak3.ctr@mail.mil

Direct: (571)-256-4748