[Code of Federal Regulations]
[Title 6, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 6CFR5.49]

[Page 30-34]
 
                       TITLE 6--HOMELAND SECURITY
 
   CHAPTER I--DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY
 
PART 5_DISCLOSURE OF RECORDS AND INFORMATION--Table of Contents
 
            Subpart C_Disclosure of Information in Litigation
 
Sec.  5.49  Prohibition on providing expert or opinion testimony.

    (a) Except as provided in this section, and subject to 5 CFR 
2635.805, Department employees shall not provide opinion or expert 
testimony based upon information which they acquired in the scope and 
performance of their official Department duties, except on behalf of the 
United States or a party represented by the Department of Justice.
    (b) Any expert or opinion testimony by a former employee of the 
Department shall be excepted from 5.49(a) where the testimony involves 
only general expertise gained while employed at the Department.
    (c) Upon a showing by the requestor of exceptional need or unique 
circumstances and that the anticipated testimony will not be adverse to 
the interests of the United States, the appropriate Department official 
designated in Sec.  5.44 may, consistent with 5 CFR 2635.805, in their 
discretion and with the concurrence of the Office of the General 
Counsel, grant special, written authorization for Department employees, 
or former employees, to appear and testify as expert witnesses at no 
expense to the United States.
    (d) If, despite the final determination of the appropriate 
Department official designated in Sec.  5.44, a court of competent 
jurisdiction or other appropriate authority orders the appearance and 
expert or opinion testimony of a current or former Department employee, 
that person shall immediately inform the Office of the General Counsel 
of such order. If the Office of the General Counsel determines that no 
further legal review of or challenge to the court's order will be made, 
the Department employee, or former employee, shall comply with the 
order. If so directed by the Office of the General Counsel, however, the 
employee, or former employee, shall respectfully decline to testify.

  Appendix A to Part 5--FOIA/Privacy Act Offices of the Department of 
                            Homeland Security

    I. For the following Headquarters components of the Department of 
Homeland Security, FOIA and Privacy Act requests should be sent to the 
Departmental Disclosure Office, Department of Homeland Security, 
Washington, DC 20528. The Headquarters components are:

                                    A

Office of the Secretary
Office of the Deputy Secretary
Office of the Under Secretary for Management

                                    B

Office of the General Counsel
Office of the Inspector General
Office of International Affairs
Office of Legislative Affairs
Office of Public Affairs
Office of National Capital Region Coordination
Office of Professional Responsibility
Office for State and Local Government Coordination

                                    C

Directorate of Border and Transportation Security
Directorate of Emergency Preparedness and Response
Directorate of Information Analysis and Infrastructure Protection
Directorate of Science and Technology
    II. Requests made to components that have transferred or will 
transfer into the Department of Homeland Security, should be sent as 
follows:
    A. Former components of the Department of Agriculture:

1. Animal and Plant Health Inspection Service, USDA, APHIS, LPA, FOIA, 
4700 River Road, Unit 50, Riverdale, MD 20737-1232
2. Plum Island Animal Disease Center; Submit request to the APHIS 
address above or, FOIA Coordinator, USDA-REE-ARS-Information Staff, 5601 
Sunnyside Avenue, Bldg. 1, Room 2248, Mail Stop 5128, Beltsville, MD 
20705-5128

    B. Former components of the Department of Commerce:

1. Critical Infrastructure Assurance Office (A former office of the 
Bureau of Industry and Security); Freedom of Information Coordinator, 
Bureau of Industry and Security,

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Room 6883, U.S. Department of Commerce, Washington, DC 20230
2. FIRESTAT (formerly the Integrated Hazard Information System of the 
National Oceanic and Atmospheric Administration), National Oceanic and 
Atmospheric Administration, Public Reference Facility (OFAx2), 1315 
East-West Highway (SSMC3), Room 10703, Silver Spring, MD 20910
    C. Former components of the Department of Defense:

1. National Communications Service (A former component of the Defense 
Information Systems Agency), Defense Information Systems Agency, ATTN: 
RGC/FOIA Officer, 701 S. Courthouse Rd., Arlington, VA 22204-2199

    D. Former components and programs of the Department of Energy:

    The address for each component and program listed below is: U.S. 
Department of Energy, 1000 Independence Avenue, SW., Washington, DC 
20585
    1. Energy Assurance Office
    2. Environmental Measurements Laboratory
    3. Nuclear Incident Response Team
    4. The chemical and biological national security and supporting 
programs and activities of the non-proliferation and verification 
research and development program.
    5. The life sciences activities related to microbial pathogens of 
Biological and Environmental Research Program.
    6. The nuclear smuggling programs and activities within the 
proliferation detection program of the non-proliferation and 
verification research and development program.
    7. The nuclear assessment program and activities of the assessment, 
detection, and cooperation program of the international materials 
protection and cooperation program, and the advanced scientific 
computing research program and activities at Lawrence Livermore National 
Laboratory.
    8. National Infrastructure Simulation and Analysis Center
    E. Former components of the Department of Health and Human Services:

    1. The address for each component and program listed below is: 
Department of Health and Human Services, Freedom of Information Officer, 
Room 645-F, Hubert H. Humphrey Building, Independence Avenue, SW., 
Washington, DC 20201;
    a. Metropolitan Medical Response System,
    b. National Disaster Medical System, and
    c. Office of Emergency Preparedness
    d. Strategic National Stockpile
    2. Centers for Disease Control and Agency for Toxic Substances and 
Disease Registry, Attn: FOI Office, MS-D54, 1600 Clifton Road, NE., 
Atlanta, GA 30333.
    F. Former components of the Department of Justice:

    1. Immigration and Naturalization Service, Director, Freedom of 
Information/Privacy Act Program, Department of Justice, 425 Eye Street, 
NW., 2nd Floor, ULLICO Building, Washington, DC 20536 (for field 
offices, consult your phone book).
    2. The address for each component and program listed below is: 
Federal Bureau of Investigation, Chief, FOIPA Section, 935 Pennsylvania 
Avenue, NW., Department of Justice, Washington, DC 20535-0001;
    a. National Infrastructure Protection Center,
    b. National Domestic Preparedness Office, and
    c. Domestic Emergency Support Team.
    3. Office of Domestic Preparedness, U.S. Department of Justice, 
Office of Justice Programs, Office of the General Counsel, Attention: 
FOIA Staff, 810 7th Street, NW., Room 5400, Washington, DC 20531.
    G. Former components of the Department of State:

Visa Office, Information and Privacy Coordinator, Office of Information 
Resources, Management Programs and Services, A/RPS/IPS, SA-2, Department 
of State, Washington, DC 20522-6001, Re: Freedom of Information Act 
Request.
    H. Former components of the Department of Transportation:

1. Federal Aviation Administration, National Freedom of Information Act 
Staff, ARC-40, 800 Independence Avenue, SW., Washington, DC 20591 (for 
regional centers, consult your phone book).
2. Transportation Security Administration, TSA-1, FOIA Division, 400 
Seventh Street, SW., Washington, DC 20590
3. United States Coast Guard, HQ USCG Commandant, G-CIM, 2100 Second 
Street, SW., Washington, DC 20593-0001 (for district offices, consult 
your phone book).

    I. Former components of the Department of Treasury:

1. Federal Law Enforcement Training Center, Freedom of Information Act 
Officer, Townhouse 389, Glynco, GA 31524
2. U.S. Customs Service, Freedom of Information Act Request, Mint Annex, 
1300 Pennsylvania Avenue, NW., Washington, DC 20229 (for field offices, 
consult your phone book).
3. U.S. Secret Service, Freedom of Information Act Request, 950 H 
Street, NW., Suite 3000, Washington, DC 20223, e-mail 
FOIA@USSS.Treas.gov. Appeals should be addressed to the Deputy Director, 
United States Secret Service, Freedom of Information and Privacy Act 
Appeal Officer, at these same contact points.

    J. Federal Emergency Management Agency: Federal Emergency Management 
Agency, Office of General Counsel, 500 C Street, SW., Room 840, 
Washington, DC 20472 (for regional offices, consult your phone book).

[[Page 32]]

    K. Former components of the General Services Administration:

1. For the Federal Computer Incident Response Center and the Federal 
Protective Service: Chief, FOIA Information Management Branch, GSA 
(CAIM), 1800 F Street, NW., Washington, DC 20405 (for regional offices, 
consult your phone book).

Appendix B to Part 5--Public Reading Rooms of the Department of Homeland 
                                Security

    The Headquarters components of the Department of Homeland Security 
do not maintain a conventional public reading room. Records that are 
required to be in the public reading room are available electronically 
at http://www.dhs.gov/FOIA.
    Entities that will transfer into the Department of Homeland Security 
maintain public reading rooms as follows:
    1. Former components of the Department of Agriculture:

Animal and Plant Health Inspection Service Library, 4700 River Road, 
Riverdale, MD 20737-1232
Plum Island Animal Disease Center, the APHIS address above or, USDA-ARS, 
5601 Sunnyside Avenue, Building 1, Room 2248, Beltsville, MD 20705-5128
    2. Former components of the Department of Commerce:

    The Critical Infrastructure Assurance Office (A former office of the 
Bureau of Industry and Security) does not maintain a conventional public 
reading room. Records that are required to be in the public reading room 
are available electronically at http://www.bis.doc.gov/FOIA/Default.htm
    FIRESTAT (formerly the Integrated Hazard Information System of the 
National Oceanic and Atmospheric Administration), NOAA Public Reference 
Facility, 1305 East-West Highway (SSMC4), Room 8627, Silver Spring, MD 
20910
    3. Former components of the Department of Defense:
    The National Communication Service (A former component of the 
Defense Information Systems Agency) does not maintain a conventional 
public reading room. Records that are required to be in the public 
reading room are available electronically at http://disa.mil/gc/foia/
foia.html
    4. Former components and programs of the Department of Energy:

The address for each component and program listed below is: U.S. 
Department of Energy; 1000 Independence Avenue, SW., Washington, DC 
20585

Energy Assurance Office
Environmental Measurements Laboratory
Nuclear Incident Response Team

    The chemical and biological national security and supporting 
programs and activities of the non-proliferation and verification 
research and development program.
    The life sciences activities related to microbial pathogens of 
Biological and Environmental Research Program.
    The nuclear smuggling programs and activities within the 
proliferation detection program of the non-proliferation and 
verification research and development program.
    The nuclear assessment program and activities of the assessment, 
detection, and cooperation program of the international materials 
protection and cooperation program, and the advanced scientific 
computing research program and activities at Lawrence Livermore National 
Laboratory.

       The National Infrastructure Simulation and Analysis Center

    5. Former components of the Department of Health and Human Services:
    For the Metropolitan Medical Response System, the National Disaster 
Medical System, and the Office of Emergency Preparedness please contact 
the Freedom of Information Act Officer at: Department of Health and 
Human Services, Freedom of Information Officer, Room 645-F, Hubert H. 
Humphrey Building, Independence Avenue, SW., Washington, DC 20201
    Strategic National Stockpile, Centers for Disease Control and Agency 
for Toxic Substances and Disease Registry, 1600 Clifton Road, NE., Room 
4103, Building 1, Atlanta, GA 30333
    6. Former components of the Department of Justice:
    Immigration and Naturalization Service, 111 Massachusetts Avenue, 
NW., 2nd Floor, ULLICO Building, Washington, DC 20536
    For the National Infrastructure Protection Center, the National 
Domestic Preparedness Office, and the Domestic Emergency Support Team: 
Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW., 
Department of Justice, Washington, DC 20535-0001
    Office of Domestic Preparedness, U.S. Department of Justice, Office 
of Justice Programs, 810 7th Street, NW., Room 5430, Washington, DC 
20531
    7. Former components of the Department of State:
    Visa Office, Department of State, 2201 C Street, NW., Washington, DC 
20520
    8. Former components of the Department of Transportation:
    Federal Aviation Administration, 800 Independence Avenue, SW., 
Washington, DC 20591
    Transportation Security Administration, 400 Seventh Street, SW., 
Washington, DC 20590
    United States Coast Guard Headquarters, 2100 Second Street, SW., 
Washington, DC

[[Page 33]]

20593-0001 (for district offices, consult your phone book).
    9. Former components of the Department of Treasury:
    The Federal Law Enforcement Training Center does not maintain a 
conventional public reading room. Records that are required to be in the 
public reading room are available electronically at http://
www.fletc.gov/irm/foia/readingroom.htm
    U.S. Customs Service, 1300 Pennsylvania Avenue, NW., Washington, DC 
20229 (for a list of field office public reading rooms please consult 19 
CFR 103.1).
    U.S. Secret Service, Main Treasury, 1500 Pennsylvania Avenue, NW., 
Washington, DC 20220
    10. Federal Emergency Management Agency:
    Federal Emergency Management Agency, Federal Center Plaza, 500 C 
Street, SW., Room 840 Washington, DC 20472 (for regional offices, 
consult your phone book)
    11. Former components of the General Services Administration:
    For the Federal Computer Incident Response Center and the Federal 
Protective Service: Central Office, GSA Headquarters, 1800 F Street, 
NW., (CAI), Washington, DC 20405 (for regional offices, consult your 
phone book).

     Appendix C--DHS Systems of Records Exempt From the Privacy Act

    This Appendix implements provisions of the Privacy Act of 1974 that 
permit the Department of Homeland Security (DHS) to exempt its systems 
of records from provisions of the Act. During the course of normal 
agency operations, exempt materials from other systems of records may 
become part of the records in these and other DHS systems. To the extent 
that copies of records from other exempt systems of records are entered 
into any DHS system, DHS hereby claims the same exemptions for those 
records that are claimed for the original primary systems of records 
from which they originated and claims any additional exemptions in 
accordance with this rule.
    Portions of the following DHS systems of records are exempt from 
certain provisions of the Privacy Act pursuant to 5 U.S.C. 552(j) and 
(k):
    1. DHS/ALL 001, Department of Homeland Security (DHS) Freedom of 
Information Act (FOIA) and Privacy Act (PA) Record System allows the DHS 
and its components to maintain and retrieve FOIA and Privacy Act files 
by personal identifiers associated with the persons submitting requests 
for information under each statute. Pursuant to exemptions (j)(2), 
(k)(1), (k)(2) and (k)(5) of the Privacy Act, portions of this system 
are exempt from 5 U.S.C. 552a(c)(3); (d); (e)(1); (e)(4)(G), (H) and (I) 
and (f). Exemptions from the particular subsections are justified, on a 
case by case basis to be determined at the time a request is made, for 
the following reasons:
    (a) From subsection (c)(3) (Accounting for Disclosures) because 
release of the accounting of disclosures could alert the subject of an 
investigation of an actual or potential criminal, civil, or regulatory 
violation to the existence of the investigation and reveal investigative 
interest on the part of DHS as well as the recipient agency. Disclosure 
of the accounting would therefore present a serious impediment to law 
enforcement efforts and/or efforts to preserve national security. 
Disclosure of the accounting would also permit the individual who is the 
subject of a record to impede the investigation and avoid detection or 
apprehension, which undermines the entire system.
    (b) From subsection (d) (Access to Records) because access to the 
records contained in this system of records could inform the subject of 
an investigation of an actual or potential criminal, civil, or 
regulatory violation to the existence of the investigation and reveal 
investigative interest on the part of DHS or another agency. Access to 
the records would permit the individual who is the subject of a record 
to impede the investigation and avoid detection or apprehension. 
Amendment of the records would interfere with ongoing investigations and 
law enforcement activities and impose an impossible administrative 
burden by requiring investigations to be continuously reinvestigated. 
The information contained in the system may also include properly 
classified information, the release of which would pose a threat to 
national defense and/or foreign policy. In addition, permitting access 
and amendment to such information also could disclose security-sensitive 
information that could be detrimental to homeland security.
    (c) From subsection (e)(1) (Relevancy and Necessity of Information) 
because in the course of investigations into potential violations of 
federal law, the accuracy of information obtained or introduced, 
occasionally may be unclear or the information may not be strictly 
relevant or necessary to a specific investigation. In the interests of 
effective enforcement of federal laws, it is appropriate to retain all 
information that may aid in establishing patterns of unlawful activity.
    (d) From subsections (e)(4)(G), (H) and (I) (Agency Requirements), 
and (f) (Agency Rules), because portions of this system are exempt from 
the access provisions of subsection (d).
    2. DHS-CRCL-001, Civil Rights and Civil Liberties Matters, which 
will cover allegations of abuses of civil rights and civil liberties 
that are submitted to the Office of CRCL. Pursuant to exemptions (k)(1), 
(k)(2) and (k)(5) of the Privacy Act, portions of this system are exempt 
from 5 U.S.C. 552a(c)(3);

[[Page 34]]

(d); (e)(1); (e)(4)(G), (H) and (I) and (f). Exemptions from the 
particular subsections are justified, on a case by case basis to be 
determined at the time a request is made, for the following reasons:
    (a) From subsection (c)(3) (Accounting for Disclosures) because 
release of the accounting of disclosures could alert the subject of an 
investigation of an actual or potential criminal, civil, or regulatory 
violation to the existence of the investigation and reveal investigative 
interest on the part of DHS or another agency. Disclosure of the 
accounting would therefore present a serious impediment to law 
enforcement efforts and efforts to preserve national security. 
Disclosure of the accounting would also permit the individual who is the 
subject of a record to impede the investigation and avoid detection or 
apprehension, which undermines the entire system.
    (b) From subsection (d) (Access to Records) because access to the 
records contained in this system of records could inform the subject of 
an investigation of an actual or potential criminal, civil, or 
regulatory violation to the existence of the investigation and reveal 
investigative interest on the part of DHS as well as the recipient 
agency. Access to the records would permit the individual who is the 
subject of a record to impede the investigation and avoid detection or 
apprehension. Amendment of the records would interfere with ongoing 
investigations and law enforcement activities and impose an impossible 
administrative burden by requiring investigations to be continuously 
reinvestigated. The information contained in the system may also include 
properly classified information, the release of which would pose a 
threat to national defense and/or foreign policy. In addition, 
permitting access and amendment to such information also could disclose 
security-sensitive information that could be detrimental to homeland 
security.
    (c) From subsection (e)(1) (Relevancy and Necessity of Information) 
because in the course of investigations into potential violations of 
federal law, the accuracy of information obtained or introduced, 
occasionally may be unclear or the information may not be strictly 
relevant or necessary to a specific investigation. In the interests of 
effective enforcement of federal laws, it is appropriate to retain all 
information that may aid in establishing patterns of unlawful activity.
    (d) From subsections (e)(4)(G), (H) and (I) (Agency Requirements), 
and (f) (Agency Rules), because this system is exempt from the access 
provisions of subsection (d).

[71 FR 20523, Apr. 21, 2006]