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Each federal agency responds to requests for its own records. Therefore, only requests for Department of Homeland Security records should be sent to the Department.
The two requirements for a perfected FOIA request:
1. It must reasonably describe the specific records sought and
2. Must be made in accordance with the agency's FOIA regulations .
The FOIA does not require the Department of Homeland Security to answer questions, issue opinions, conduct legal research, create records, produce tangible objects or release records on another individual without consent in order to respond to a request
A reasonable description of Department of Homeland Security records would allow a Department employee to locate records using reasonable efforts. For example, your description should contain enough file-related information (type of document, title, subject area, date of creation, originating office) or enough event-related information (date and circumstances surrounding the event the record covers) to permit a focused search.
A request must reasonably describe the record being sought. The request must be specific enough to permit a professional employee of the agency who is familiar with the subject matter to locate the record in a reasonable period of time.
It is to everyone's advantage if requests are as precise and as narrow as possible. The requester benefits because the request can be processed more quickly and at less cost. The agency benefits because it can do a better job responding to the request. The agency will also be able to use its resources to respond to more requests. The FOIA works best when both the requester and the agency act cooperatively.
Make certain your request includes the following:
Request must be addressed to component(s) you believe house the records sought (See Which Department component would likely have the records I am seeking? )
While the FOIA supports disclosure of Federal agency records, the law recognizes the legitimate need to restrict disclosure of some information. The FOIA does not grant an absolute right to examine government documents; the FOIA establishes the right to request records and to receive a response to the request. If a record cannot be released, the requestor is entitled to be told the reason for the denial. The requester also has a right to appeal the denial and, if necessary, to challenge it in court.
There are certain types of information that are not available under the FOIA:
If you are seeking answers to questions or an explanation of a policy or regulation, you must contact the specific Department of Homeland Security program element for information. Media-related inquiries may be directed to the Department of Homeland Security Public Affairs Office at (202) 282-8010.
If you believe that the Department of Homeland Security may have records on you, in addition to providing personally identifying information, requesters must also provide the following additional information:
Without the above information, an effective search cannot be conducted, and your request will be denied due to a lack of specificity or lack of compliance with Department of Homeland Security FOIA regulations.
Provisions of the FOIA allow us to recover part of the cost of complying with your request. Fees are assessed in accordance with the Department of Homeland Security FOIA regulations (PDF, 15 pages - 147 KB). For the purpose of assessing fees, requesters are divided into three categories:
Commercial requesters are charged for search time, document review, and duplication. News media, educational, and scientific requesters are charged for duplication only, after the first 100 free pages. All other requesters are charged for search time (after two hours) and duplication (after first 100 free pages).
Current Departmental fees are:
It is Departmental policy not to charge when assessable fees are less than $14. Your submission of a request will be deemed to be an implicit commitment to pay up to $25 in fees, unless you indicate a higher amount or request a fee waiver (please see fee waiver requirements below). You will be promptly notified if the anticipated fees exceed $25. Multiple FOIA requests by a single requester related to the same issue will be aggregated for the purpose of assessing fees.
To qualify for a fee waiver, a requester must demonstrate that disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the requester. Your fee waiver request should include a detailed justification to support your claim of public interest. Your justification must also include how the information will be provided and distributed to the public.
In general, the FOIA requires an agency to respond to FOIA requests within 20 business days after the office that maintains the responsive records receives the request. The 20-day business day response requirement is not necessarily the time frame for releasing responsive documents.
The Department processes its requests by date of receipt at the proper office maintaining the required records on a first-in-first-out basis, except for exceptions outlined in the FOIA and the Department of Homeland Security FOIA implementing regulations. For example; under certain conditions, your request may receive expedited processing, if you meet the criteria established in our regulations. However, an expedited request will be processed on a first-in-first-out basis with other expedited requests. Expedited processing of a request may be granted in accordance with Department of Homeland Security FOIA regulations (PDF, 15 pages - 147 KB).
This page was last reviewed/modified on October 9, 2008.
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