[Federal Register Volume 87, Number 63 (Friday, April 1, 2022)]
[Notices]
[Pages 19111-19115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06894]


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DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2022-0011]


Privacy Act of 1974; System of Records

AGENCY: U.S. Department of Homeland Security.

ACTION: Notice of a modified system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the U.S. 
Department of Homeland Security (DHS) proposes to modify and reissue an 
existing DHS system of records titled, ``DHS/ALL-033 Reasonable 
Accommodations Records System of Records.'' This system of records 
allows the Department to collect and maintain records on employees and 
applicants for employment who requested or received reasonable 
accommodations by the Department as required by the Rehabilitation Act 
of 1973, as amended; the Americans with Disabilities Act Amendments of 
2008; Title VII of the Civil Rights Act, as amended, and/or pursuant to 
public health authorities and associated guidance. DHS is updating this 
System of Records Notice (SORN) to provide more transparency as to the 
purpose; add additional authorities for the collection of information; 
update the categories of records; modify and add routine uses; and 
update retention policies. This notice also clarifies DHS's collection, 
use, maintenance, and dissemination of records needed to process, 
manage, maintain, and resolve reasonable accommodation requests based 
on a medical condition/disability or a sincerely held religious belief, 
practice or observance. This modified system will be included in DHS's 
inventory of record systems.

DATES: Submit comments on or before May 2, 2022. This modified system 
will be effective upon publication. New or modified routine uses will 
be effective May 2, 2022.

ADDRESSES: You may submit comments, identified by docket number DHS-
2022-0011 by one of the following methods:
    <bullet> Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Fax: 202-343-4010.
    <bullet> Mail: Lynn Parker Dupree, Chief Privacy Officer, Privacy 
Office, U.S. Department of Homeland Security, Washington, DC 20528-
0655.
    Instructions: All submissions received must include the agency name 
and docket number DHS-2022-0011. All comments received will be posted 
without change to http://www.regulations.gov, including any personal 
information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact: 
DHS Disability Employment Program Manager, (202) 357-1264, Office for 
Civil Rights and Civil Liberties, or <a href="/cdn-cgi/l/email-protection#b5f4d6d6d0c6c6dcd7dcd9dcc1ccf5ddc49bd1ddc69bd2dac3"><span class="__cf_email__" data-cfemail="f8b99b9b9d8b8b919a9194918c81b89089d69c908bd69f978e">[email protected]</span></a>, Office 
of Accessible Systems and Technology, U.S. Department of Homeland 
Security, Washington, DC 20528. For privacy questions, please contact: 
Lynn Parker Dupree, (202) 343-1717, <a href="/cdn-cgi/l/email-protection#4d1d3f243b2c2e340d253c6329253e632a223b"><span class="__cf_email__" data-cfemail="e3b3918a9582809aa38b92cd878b90cd848c95">[email protected]</span></a>, Chief Privacy 
Officer, Privacy Office, U.S. Department of Homeland Security, 
Washington, DC 20528-0655.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the 
Department of Homeland Security (DHS) proposes to modify an existing 
system of records titled, ``DHS/ALL-033 Reasonable Accommodations 
Records System of Records,'' and last published at 76 FR 41274 (July 
13, 2011). This system allows the Department to collect and maintain 
records on applicants for employment and employees with a medical 
condition/disability and/or a sincerely held religious belief, 
practice, or observance who requested or received reasonable 
accommodations by the Department as required by the Rehabilitation Act 
of 1973, the Americans with Disabilities Act (ADA) Amendments of 2008, 
Title VII of the Civil Rights Act of 1964, and/or pursuant to public 
health authorities and associated guidance.\1\
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    \1\ Even in cases where an individual's medical condition does 
not meet the legal definition of ``disability'' to be entitled to an 
accommodation under the Rehabilitation Act, in some limited 
circumstances an agency may grant and provide accommodations based 
upon other medical considerations.
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    Sections 501, 503, and 504 of the Rehabilitation Act of 1973, and 
the Americans with Disabilities Act (ADA) Amendments of 2008, prohibit

[[Page 19112]]

discrimination on the basis of disability and require federal agencies, 
employers who are federal contractors, and programs that receive 
federal financial assistance to provide reasonable accommodation to 
qualified individuals with disabilities, including those who are 
employees or applicants for employment, unless providing the 
accommodation would pose an undue hardship. Section 508 of the 
Rehabilitation Act also requires federal agencies to make their 
electronic and information technology accessible to people with 
disabilities. The purpose of reasonable accommodations is to provide 
modifications or adjustments to: (1) The job application process that 
enables a qualified applicant or individual with a medical condition/
disability to enjoy equal employment opportunities available to persons 
without a medical condition/disability; (2) the work environment; and/
or (3) the manner in which a position is customarily performed. 
Reasonable accommodations may include, but are not limited to: (1) 
Making existing facilities readily accessible to and usable by 
individuals with disabilities; (2) job restructuring, modification of 
workplace policies, work schedules or place of work, extended leave, 
telecommuting, or reassignment to a vacant position; and/or (3) 
acquisition or modification of equipment or devices, including computer 
software and hardware, appropriate adjustments or modifications of 
examinations, training materials or policies, the provision of 
qualified readers and/or interpreters, personal assistants, service 
animals, and other similar accommodations.
    This system also allows the Department to collect and maintain 
records on applicants for employment and employees who requested or 
received a religious accommodation by the Department as required by 
Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e 
(Title VII); 29 CFR 1605.2. Section 701(j) of Title VII requires 
federal agencies to reasonably accommodate an employee or prospective 
employee whose sincerely held religious belief, practice, or observance 
conflicts with a work requirement, unless the accommodation would 
result in undue hardship. A reasonable religious accommodation is an 
adjustment to the work environment that will allow the employee to 
comply with his or her religious beliefs. The duty to accommodate may 
result in an exception from, or adjustment to, an existing work 
requirement to allow an employee or applicant to observe or practice 
his or her religion. Religious accommodation requests often relate to 
work schedules, dress and grooming, or religious expression or practice 
while at work. Religious accommodations may include, but are not 
limited to, flexible scheduling, voluntary shift substitutions or 
swaps, job reassignments, and modifications to workplace policies or 
practices.
    DHS is updating this System of Records Notice (SORN) for several 
reasons, to include (1) providing additional transparency as to the 
purpose; (2) adding additional authorities for the maintenance of the 
collection; (3) updating categories of records; (4) modifying and 
adding routine uses; and (5) updating retention policies.
    The purpose of this System of Records Notice is being updated to 
make it clear that this system covers the collection of information 
related to both medical/disability and religious accommodation 
requests. These accommodation requests include, but are not limited to, 
requests for modifications to workplace safety protocols and related to 
public health mitigation measures, such as use of Personal Protective 
Equipment (PPE), physical distancing, immunization requirements, 
testing, travel, and quarantine requirements. DHS determines 
accommodation requests in accordance with applicable laws, regulations, 
and Department policies and guidance. By requesting an accommodation, 
employees or applicants for federal employment are authorizing DHS to 
collect and maintain a record of the information submitted to support 
the medical condition/disability or religious accommodation request.
    The authorities covering the maintenance of this system and the 
collection of this data are being expanded to include all applicable 
authorities. In addition to the authorities listed in the previous 
notice (Sections 501 and 504 of the Rehabilitation Act of 1973; 
Americans with Disabilities Act (ADA) Amendments of 2008; Executive 
Order 13164 (July 28, 2000); and Executive Order 13548 (July 10, 
2010)), the following authorities also apply: Sections 503 and 508 of 
the Rehabilitation Act of 1973; Title VII of the Civil Rights Act of 
1964, as amended, 42 U.S.C. 2000e; Section 202(d) of the E-Government 
Act of 2002, Accessibility to Persons with Disabilities; 36 CFR part 
1194, Electronic and Information Technology Accessibility Standards; 6 
CFR part 15, Enforcement of Nondiscrimination on the Basis of 
Disability in Programs or Activities Conducted by the Department of 
Homeland Security; 29 CFR part 1630, Regulations to Implement the Equal 
Employment Provisions of the Americans with Disabilities Act; 29 CFR 
1605.2, Reasonable accommodation without undue hardship as required by 
section 701(j) of Title VII of the Civil Rights Act of 1964; 5 U.S.C. 
chapters 11 and 79, and in discharging the functions directed under 
Executive Order 13991, Protecting the Federal Workforce and Requiring 
Mask-Wearing (Jan. 20, 2021); and 5 U.S.C. chapters 33 and 63 and 
Executive Order 12196, Occupational Safety and Health Program for 
Federal Employees (Feb. 26, 1980).
    The categories of records are being updated to provide more 
transparency on the information that is collected for medical 
condition/disability and religious accommodations requests, including 
requests specifically relating to public health mitigation measures 
such as PPE, physical distancing, immunization requirements, testing, 
travel, and quarantine requirements. The last published routine use (E) 
is being modified and a new routine use (F) is being added to conform 
to Office of Management and Budget Memorandum M-17-12. The last 
published routine uses (I) and (J) have been removed, and a new routine 
use (L) has been added to more clearly articulate how information 
sharing may be conducted with a federal agency or entity when needed to 
evaluate, process, adjudicate, and/or arbitrate a claim or appeal filed 
by a DHS employee or applicant arising out of or relating to the 
individual's request for reasonable accommodation. In addition, minor 
edits have been made to existing routine use (K), now routine use (J) 
to account for information sharing with appropriate third parties 
contracted by the Department to investigate a complaint or appeal filed 
by an employee or applicant, in addition to existing permissible 
sharing for purposes for facilitating and conducting mediation or other 
alternative dispute resolution (ADR) procedures or programs. Other 
routine uses have been re-lettered to account for these changes. The 
retention and disposition policy for these records is also being 
updated. Records will be held in accordance with National Archives and 
Records Administration General Records Schedule 2.3, item 20.
    Consistent with DHS's information sharing mission, information 
stored in the DHS/ALL-033 Reasonable Accommodations Records System of 
Records may be shared with other DHS Components that have a need to 
know the information to carry out their national security, law 
enforcement, immigration, intelligence, or other

[[Page 19113]]

homeland security functions. In addition, DHS may share information 
with appropriate federal, state, local, tribal, territorial, foreign, 
or international government agencies consistent with the routine uses 
set forth in this system of records notice.
    This modified system will be included in DHS's inventory of record 
systems.

II. Privacy Act

    The Privacy Act codifies fair information practice principles in a 
statutory framework governing the means by which Federal Government 
agencies collect, maintain, use, and disseminate individuals' records. 
The Privacy Act applies to information that is maintained in a ``system 
of records.'' A ``system of records'' is a group of any records under 
the control of an agency from which information is retrieved by the 
name of an individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual. In the Privacy Act, 
an individual is defined to encompass U.S. citizens and lawful 
permanent residents. Additionally, the Judicial Redress Act (JRA) 
provides covered persons with a statutory right to make requests for 
access and amendment to covered records, as defined by the Judicial 
Redress Act, along with judicial review for denials of such requests. 
In addition, the Judicial Redress Act prohibits disclosures of covered 
records, except as otherwise permitted by the Privacy Act.
    Below is the description of the DHS/ALL-033 Reasonable 
Accommodations Records System of Records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this system of records to the Office of Management and Budget and to 
Congress.

SYSTEM NAME AND NUMBER:
    U.S. Department of Homeland Security (DHS)/ALL-033 Reasonable 
Accommodations Records System of Records.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are maintained at the DHS Headquarters in Washington, DC, 
Component Headquarters offices, and field offices.

SYSTEM MANAGER(S):
    DHS Disability Employment Program Manager, (202) 357-1264, Office 
for Civil Rights and Civil Liberties, U.S. Department of Homeland 
Security, Washington, DC 20528.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Sections 501, 503, 504, and 508 of the Rehabilitation Act of 1973 
and Americans with Disabilities Act (ADA) Amendments Act of 2008; Title 
VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e; 29 
U.S.C. 791, as amended, Employment of Individuals with Disabilities; 
Section 202(d) of the E-Government Act of 2002, Accessibility to 
Persons with Disabilities; 29 CFR part 1605.2, Reasonable accommodation 
without undue hardship as required by section 701(j) of Title VII of 
the Civil Rights Act of 1964; 29 CFR part 1614.203, Rehabilitation Act; 
29 CFR part 1630, Regulations to Implement the Equal Employment 
Provisions of the Americans with Disabilities Act; 36 CFR part 1194, 
Electronic and Information Technology Accessibility Standards; 6 CFR 
part 15, Enforcement of Nondiscrimination on the Basis of Disability in 
Programs or Activities Conducted by the Department of Homeland 
Security; Executive Order 13164, Establishing Procedures To Facilitate 
The Provision Of Reasonable Accommodation; 5 U.S.C. chapters 11 and 79, 
and in discharging the functions directed under Executive Order 13991, 
Protecting the Federal Workforce and Requiring Mask-Wearing (Jan. 20, 
2021), and 5 U.S.C. chapters 33 and 63; and Executive Order 12196, 
Occupational Safety and Health Program for Federal Employees (Feb. 26, 
1980).

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to allow the Department to collect 
and maintain records on applicants for employment as well as employees 
who request or receive a reasonable accommodation by the Department as 
required by the Rehabilitation Act of 1973, as amended, 29 U.S.C. 791, 
and/or Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 
2000e. This includes reasonable accommodations requested on both 
medical condition/disability and religious grounds. This system of 
records also allows DHS to track and report the processing of requests 
for reasonable accommodation Department-wide to comply with applicable 
law and regulations, to inform and determine appropriate workplace 
accommodations for particular employees, and to preserve and maintain 
the confidentiality of medical and religious information while 
promoting the safety of federal workplaces and the health of the 
federal workforce consistent with the above-referenced authorities.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Categories of individuals covered by this system include applicants 
for employment and employees, and under certain circumstances federal 
contractors, who request or receive reasonable accommodations under the 
Rehabilitation Act of 1973, as amended, and/or Title VII of the Civil 
Rights Act, as amended, 42 U.S.C. 2000e. This also includes authorized 
individuals or representatives (e.g., family member, attorney) who file 
requests for reasonable accommodation on behalf of an applicant for 
employment or employee, as well as former employees who requested or 
received reasonable accommodation during their employment with the 
Department.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records in this system include the name of the individual seeking 
accommodations; the requester's reasonable accommodation request and 
supporting documentation; the requestor's status (i.e., applicant, 
contractor, or current employee); the date the accommodation request 
was initiated; the requestor's job position (i.e., occupational series, 
grade level, and agency component), work/duty location, and job duties; 
the nature/type of accommodation(s) sought; the amount of time taken to 
process the request; whether the request was granted or denied and, if 
denied, the reason for the denial; and the sources of technical, 
physical, or other assistance consulted in trying to identify possible 
reasonable accommodations.
    Also, for accommodations based on religion, the records will 
include information on how complying with a particular work requirement 
would substantially burden the requestor's exercise of a sincerely held 
religious belief, practice or observance, how long the belief has been 
held, the reason for seeking a religious accommodation, and other 
information specific to the requested accommodation to determine 
whether DHS is legally required to grant the request. For reasonable 
accommodations requests specifically related to public health 
mitigation measures such as PPE, physical distancing, immunization 
requirements, testing, travel, and quarantine requirements, this system 
will also include information that individuals are requested to submit 
regarding how complying with such mitigation measures would 
substantially burden an individual's religious exercise or conflict 
with their sincerely held religious beliefs, practices, or observances.

[[Page 19114]]

    For accommodations based on a medical condition/disability, the 
records will include information such as the nature of the disability/
medical condition, the functional limitations caused by the disability/
medical condition, how the requested accommodation would address the 
functional limitations, medical documentation of the disability/medical 
condition, and other information specific to the requested 
accommodation to determine whether DHS is legally required to grant the 
request. For reasonable accommodations requests specifically related to 
public health mitigation measures such as PPE, physical distancing, 
immunization requirements, testing, travel, and quarantine 
requirements, this system will also include information that 
individuals are requested to submit regarding how the medical 
condition/disability prevents the individual from complying with such 
public health and safety mitigation measures.
    Additional information collected to process reasonable 
accommodation requests includes the name, title, email address, and 
phone number of the requestor (or their representative); the 
requestor's operating administration, pay grade, or band; supervisor 
information; and other information collected from requestors to make a 
determination regarding a specific medical and/or religious 
accommodation request.

RECORD SOURCE CATEGORIES:
    Information is obtained from DHS employees and applicants and/or 
their medical practitioners, and in certain circumstances federal 
contractors, or authorized individuals acting on behalf of employees, 
applicants, and federal contractors who are requesting or have received 
medical/disability and/or religious accommodations.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed outside DHS as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice (DOJ), including the U.S. Attorneys 
Offices, or other federal agency conducting litigation or proceedings 
before any court, adjudicative, or administrative body, when it is 
relevant or necessary to the litigation or proceeding and one of the 
following is a party to the litigation or has an interest in such 
litigation:
    1. DHS or any component thereof;
    2. Any employee or former employee of DHS in his/her official 
capacity;
    3. Any employee or former employee of DHS in his/her individual 
capacity, only when DOJ or DHS has agreed to represent the employee; or
    4. The United States or any agency thereof.
    B. To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration (NARA) or 
General Services Administration pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. 2904 and 
2906.
    D. To an agency or organization for the purpose of performing audit 
or oversight operations as authorized by law, but only such information 
as is necessary and relevant to such audit or oversight function.
    E. To appropriate agencies, entities, and persons when (1) DHS 
suspects or has confirmed that there has been a breach of the system of 
records; (2) DHS has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, DHS (including 
its information systems, programs, and operations), the Federal 
Government, or national security; and (3) the disclosure made to such 
agencies, entities, and persons is reasonably necessary to assist in 
connection with DHS's efforts to respond to the suspected or confirmed 
breach or to prevent, minimize, or remedy such harm.
    F. To another federal agency or federal entity, when DHS determines 
that information from this system of records is reasonably necessary to 
assist the recipient agency or entity in (1) responding to a suspected 
or confirmed breach or (2) preventing, minimizing, or remedying the 
risk of harm to individuals, the recipient agency or entity (including 
its information systems, programs, and operations), the Federal 
Government, or national security, resulting from a suspected or 
confirmed breach.
    G. To an appropriate federal, state, tribal, local, international, 
or foreign law enforcement agency or other appropriate authority 
charged with investigating or prosecuting a violation or enforcing or 
implementing a law, rule, regulation, or order, when a record, either 
on its face or in conjunction with other information, indicates a 
violation or potential violation of law, which includes criminal, 
civil, or regulatory violations and such disclosure is proper and 
consistent with the official duties of the person making the 
disclosure.
    H. To contractors and their agents, grantees, experts, consultants, 
and others performing or working on a contract, service, grant, 
cooperative agreement, or other assignment for DHS, when necessary to 
accomplish an agency function related to this system of records. 
Individuals provided information under this routine use are subject to 
the same requirements and limitations on disclosure as are applicable 
to DHS officers and employees.
    I. To a court, magistrate, or administrative tribunal in the course 
of presenting evidence, including disclosures to opposing counsel or 
witnesses in the course of civil discovery, litigation, or settlement 
negotiations or in connection with criminal law proceedings, when it is 
relevant and necessary to the litigation or proceeding.
    J. To appropriate third parties contracted by the Department to 
investigate a complaint or appeal filed by an employee or applicant, or 
to facilitate and conduct mediation or other alternative dispute 
resolution (ADR) procedures or programs.
    K. To the Department of Defense (DOD) for purposes of procuring 
assistive technologies and services through the Computer/Electronic 
Accommodation Program in response to a request for reasonable 
accommodation.
    L. To the Merit Systems Protection Board (MSPB), the Federal Labor 
Relations Authority (FLRA), Equal Employment Opportunity Commission 
(EEOC), Office of Special Counsel (OSC), Office of Personnel Management 
(OPM), or another appropriate federal agency or entity when needed by 
that agency or entity to evaluate, process, adjudicate, and/or 
arbitrate a claim or appeal filed by a DHS employee or applicant 
arising out of or relating to the employee's or applicant's request for 
reasonable accommodation.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    DHS stores records in this system electronically or on paper in 
secure facilities in a locked drawer behind a locked door. The records 
may be stored on magnetic disc, tape, and digital media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    DHS may retrieve records by name of requester, employing component 
or

[[Page 19115]]

directorate, or any unique identifying number assigned to the request, 
if applicable.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records will be held in accordance with National Archives and 
Records Administration, General Records Schedule 2.3, Employee 
Relations Records, item 20, Reasonable accommodation case files. These 
records include individual employee files created, received, and 
maintained by reasonable accommodation, diversity/disability programs, 
employee relations coordinators, supervisors, administrators, or Human 
Resource specialists containing records of requests for reasonable 
accommodation and/or assistive technology devices and services that 
have been requested for or by an employee. This includes requests, 
approvals and denials, notice of procedures for informal dispute 
resolution or appeal processes, forms, correspondence, records of oral 
conversations, policy guidance documents, medical records, supporting 
notes, and documentation. These records are temporary and will be 
destroyed three (3) years after employee separation from the agency or 
all appeals are concluded, whichever is later. However, longer 
retention is authorized if required for business use.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    DHS safeguards records in this system according to applicable rules 
and policies, including all applicable DHS automated systems security 
and access policies. DHS has imposed strict controls to minimize the 
risk of compromising the information that is being stored. Access to 
the computer system containing the records in this system is limited to 
those individuals who have a need to know the information for the 
performance of their official duties and who have appropriate 
clearances or permissions.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to and notification of any record 
contained in this system of records, or seeking to contest its content, 
may submit a request in writing to the Component Privacy Officer and 
Component Freedom of Information Act (FOIA) Officer, whose contact 
information can be found at http://www.dhs.gov/foia under ``Contact 
Information.'' If an individual believes more than one component 
maintains Privacy Act records concerning him or her, the individual may 
submit the request to the Chief Privacy Officer and Chief Freedom of 
Information Act Officer, Department of Homeland Security, Washington, 
DC 20528-0655, or electronically at https://www.dhs.gov/dhs-foia-privacy-act-request-submission-form. Even if neither the Privacy Act 
nor the Judicial Redress Act provide a right of access, certain records 
about the individual be available under the Freedom of Information Act.
    When an individual is seeking records about himself or herself from 
this system of records or any other Departmental system of records, the 
individual's request must conform with the Privacy Act regulations set 
forth in 6 CFR part 5. The individual must first verify his/her 
identity, meaning that the individual must provide his/her full name, 
current address, and date and place of birth. The individual must sign 
the request, and the individual's signature must either be notarized or 
submitted 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 http://www.dhs.gov/foia. In addition, the individual should, whenever 
possible:
    <bullet> Explain why he or she believes the Department would have 
information being requested;
    <bullet> Identify which component(s) of the Department he or she 
believes may have the information;
    <bullet> Specify when the individual believes the records would 
have been created; and
    <bullet> Provide any other information that will help the FOIA 
staff determine which DHS component agency may have responsive records;
    If the request is seeking records pertaining to another living 
individual, the request must include an authorization from the 
individual whose record is being requested, authorizing the release to 
the requester.
    Without the above information, DHS may not be able to conduct an 
effective search, and the individual's request may be denied due to 
lack of specificity or lack of compliance with applicable regulations.

CONTESTING RECORD PROCEDURES:
    For records covered by the Privacy Act or covered Judicial Redress 
Act records, individuals may make a request for amendment or correction 
of a record of the Department about the individual by writing directly 
to the Department component that maintains the record, unless the 
record is not subject to amendment or correction. The request should 
identify each particular record in question, state the amendment or 
correction desired, and state why the individual believes that the 
record is not accurate, relevant, timely, or complete. The individual 
may submit any documentation that would be helpful. If the individual 
believes that the same record is in more than one system of records, 
the request should state that and be addressed to each component that 
maintains a system of records containing the record.

NOTIFICATION PROCEDURES:
    See ``Record Access Procedures'' above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    76 FR 41274 (July 13, 2011).
* * * * *

Lynn P. Dupree,
Chief Privacy Officer, U.S. Department of Homeland Security.
[FR Doc. 2022-06894 Filed 3-31-22; 8:45 am]
BILLING CODE 9110-FP-P


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