[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: 6CFR5.9]

[Page 12]
 
                       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 A_Freedom of Information Act
 
Sec.  5.9  Appeals.

    (a) Appeals of adverse determinations. (1) If you are dissatisfied 
with a component's response to your request, you may appeal an adverse 
determination denying your request, in any respect, to the Associate 
General Counsel (General Law), Department of Homeland Security, 
Washington, DC 20528. You must make your appeal in writing and it must 
be received by the Associate General Counsel (General Law) within 60 
days of the date of the letter denying your request. Your appeal letter 
may include as much or as little related information as you wish, as 
long as it clearly identifies the component determination (including the 
assigned request number, if known) that you are appealing. For the 
quickest possible handling, you should mark your appeal letter and the 
envelope ``Freedom of Information Act Appeal.''
    (2) An adverse determination by the Associate General Counsel 
(General Law) will be the final action of the Department; and
    (3) An appeal ordinarily will not be acted on if the request becomes 
a matter of FOIA litigation.
    (b) Responses to appeals. The decision on your appeal will be made 
in writing. A decision affirming an adverse determination in whole or in 
part shall contain a statement of the reason(s) for the affirmance, 
including any FOIA exemption(s) applied, and will inform you of the FOIA 
provisions for court review of the decision. If the adverse 
determination is reversed or modified on appeal, in whole or in part, 
you will be notified in a written decision and your request will be 
reprocessed in accordance with that appeal decision.
    (c) When appeal is required. If you wish to seek review by a court 
of any adverse determination, you must first appeal it under this 
section.