C.F.R. » Title 6 » CHAPTER I—DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY › PART 5—DISCLOSURE OF RECORDS AND INFORMATION › Subpart A—Procedures for Disclosure of Records Under the Freedom of Information Act

6 C.F.R. § 5.1

General provisions

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(a)(1) This subpart contains the rules that the Department of Homeland Security follows in processing requests for records under the Freedom of Information Act (FOIA), 5 U.S.C. 552 as amended.

(2) The rules in this subpart should be read in conjunction with the text of the FOIA and the Uniform Freedom of Information Fee Schedule and Guidelines published by the Office of Management and Budget at 52 FR 10012 (March 27, 1987) (hereinafter “OMB Guidelines”). Additionally, DHS has additional policies and procedures relevant to the FOIA process. These resources are available at http://www.dhs.gov/freedom-information-act-foia. Requests made by individuals for records about themselves under the Privacy Act of 1974, 5 U.S.C. 552a, are processed under subpart B of part 5 as well as under this subpart.

(b) As referenced in this subpart, component means the FOIA office of each separate organizational entity within DHS that reports directly to the Office of the Secretary.

(c) DHS has a decentralized system for processing requests, with each component handling requests for its records.

(d) Unofficial release of DHS information. The disclosure of exempt records, without authorization by the appropriate DHS official, is not an official release of information; accordingly, it is not a FOIA release. Such a release does not waive the authority of the Department of Homeland Security to assert FOIA exemptions to withhold the same records in response to a FOIA request. In addition, while the authority may exist to disclose records to individuals in their official capacity, the provisions of this part apply if the same individual seeks the records in a private or personal capacity.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 2011–2024 · leading case: Watkins v. Us Bureau of Customs & Border, 643 F.3d 1189 (9th Cir. 2011).
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Watkins v. Us Bureau of Customs & Border, 643 F.3d 1189 (9th Cir. 2011). · cites it 6× “According to 6 C.F.R. § 5.1 (a)(2) these fees apply to all components of DHS (which includes CBP).”
SAI v. Transp. Sec. Admin., 315 F. Supp. 3d 218 (D.C. Cir. 2018). “3 (a) (2003) (superseded 2016); see also 6 C.F.R § 5.1 (b) (defining "component" to mean "each separate bureau, office, division, commission, service, center, or administration").”
Kay Khine v. DHS, 943 F.3d 959 (D.C. Cir. 2019). “A requester “may appeal adverse determinations denying his or her request or any part of the request.”
Sai v. Transp. Sec. Admin. (D.D.C. 2018). “3 (a) (2003) (superseded 2016); see also 6 C.F.R § 5.1(b) (defining “component” to mean “each separate bureau, office, division, commission, service, center, or administration”).”
Sai v. Transp. Sec. Admin. (D.D.C. 2018). “3 (a) (2003) (superseded 2016); see also 6 C.F.R § 5.1(b) (defining “component” to mean “each separate bureau, office, division, commission, service, center, or administration”).”
Geddis v. Dep't of Homeland Sec. (D.D.C. 2024). “(DOJ Privacy Act Rules and Regulations), with 6 CFR § 5.1 et. seq. (DHS FOIA Rules and Regulations); 6 CFR § 5.”
— 6 C.F.R. § 5.1(b) — 2 cases
Sai v. Transp. Sec. Admin. (D.D.C. 2018). “3 (a) (2003) (superseded 2016); see also 6 C.F.R § 5.1(b) (defining “component” to mean “each separate bureau, office, division, commission, service, center, or administration”).”
Sai v. Transp. Sec. Admin. (D.D.C. 2018). “3 (a) (2003) (superseded 2016); see also 6 C.F.R § 5.1(b) (defining “component” to mean “each separate bureau, office, division, commission, service, center, or administration”).”
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