Public Access to Information
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Abstract
The Department of State revises its regulations governing the availability to the public of information that is under the control of the Department. This rule reflects changes in the Department's organization and procedures since the last revision of the Department's regulations on public access to information, including relating to the use of email to submit requests for information under this part.
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<title>Federal Register, Volume 91 Issue 181 (Monday, September 21, 2026)</title>
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[Federal Register Volume 91, Number 181 (Monday, September 21, 2026)]
[Rules and Regulations]
[Pages 59698-59705]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19223]
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DEPARTMENT OF STATE
22 CFR Part 171
[Public Notice: 13124]
RIN 1400-AG32
Public Access to Information
AGENCY: Department of State.
ACTION: Final rule.
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SUMMARY: The Department of State revises its regulations governing the
availability to the public of information that is under the control of
the
[[Page 59699]]
Department. This rule reflects changes in the Department's organization
and procedures since the last revision of the Department's regulations
on public access to information, including relating to the use of email
to submit requests for information under this part.
DATES: The rule is in effect on October 21, 2026.
FOR FURTHER INFORMATION CONTACT: Susan Weetman, FOIA Public Liaison,
Information Access Programs Directorate, U.S. Department of State,
<a href="/cdn-cgi/l/email-protection#44020b0d051730253031370437302530216a232b32"><span class="__cf_email__" data-cfemail="d791989e9684a3b6a3a2a497a4a3b6a3b2f9b0b8a1">[email protected]</span></a>, 202-261-8484.
SUPPLEMENTARY INFORMATION: This final rule implements the Freedom of
Information Act (FOIA) Improvement Act of 2016, Public Law 114-185, and
updates the Department's FOIA regulations at 22 CFR part 171. The
following is a summary of the substantive changes.
The final rule, in Sec. 171.4(a)(1), encourages the public to
search the agency's FOIA Library to determine whether the records they
seek are already publicly available prior to submitting a request. Due
to the Department's release-to-one, release-to-all policy, in many
cases this provision would enable the public to locate records
immediately and without the need to file a FOIA request.
The final rule, in Sec. 171.4(a)(2) and Sec. 171.15(a)(2) and
(3), directs the public to the agency's FOIA web page for the list of
components accepting FOIA requests, administrative appeals, and the
corresponding contact information. This will enable the Department to
more easily keep component contact information up to date.
The final rule, in Sec. 171.4(a)(2), provides updated procedures
for submitting FOIA requests to the Department. Specifically, the
Department will only accept electronic FOIA and Privacy Act request
submissions for the Information Access Programs Directorate and the
Directorate for Passport Services via <a href="http://FOIA.gov">FOIA.gov</a> or the Department's FOIA
website.
The final rule, in Sec. 171.4(b), simplifies and consolidates the
procedures for reasonably describing records sought; for example, what
information should be provided when requesting visa records. This
update aims to increase efficiency in processing requests by reducing
the need to manually enter data into the Department's case management
system and reduce the need to request information that is often missing
from submissions.
The final rule, in Sec. 171.11(a), removes redundant information
regarding IAP's role in making initial determinations.
Subpart C contains the rule's Privacy Act provisions. The final
rule, in Sec. 171.22(c) and (e), clarifies the methods used to verify
identity for first-party information or a third party's information
requests. The rule consolidates these requirements in this section that
were previously repeated or spread across several subsections. The
final change aims to make it easier for requesters to understand what
information is required to verify their identity and how this
information can be submitted. This update will minimize the number of
requests that do not include proper verification of identity and
increase the number of properly verified first and third-party requests
the Department receives and reduce the administrative burden on the
agency of following up with requesters that have not properly verified
their identity.
In Sec. 171.26(a), the final rule updates the list of SORNS and
exemptions.
Finally, the final rule makes numerous minor changes throughout, to
update references to the Office of Information Programs and Services to
Information Access Programs Directorate.
Regulatory Findings
Administrative Procedure Act
This rulemaking is exempt from notice and comment procedures under
the provisions of 5 U.S.C. 553(b), since it is related to Department
organization, procedure, and practice.
Regulatory Flexibility Act
The Department of State, in accordance with the Regulatory
Flexibility Act, 5 U.S.C. 605(b), has reviewed this regulation and, by
approving it, certifies that this rule will not have a significant
economic impact on a substantial number of small entities.
Unfunded Mandates Act of 1995
This rule will not result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any year, and it will not significantly or uniquely
affect small governments. Therefore, no actions were deemed necessary
under the provisions of the Unfunded Mandates Reform Act of 1995.
Executive Order 12988--Civil Justice Reform
The Department has reviewed this regulation in light of Executive
Order 12988 to eliminate ambiguity, minimize litigation, establish
clear legal standards, and reduce burden.
Executive Orders 12372 and 13132--Federalism
This regulation will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 13132, it is determined that this rule does not have sufficient
federalism implications to require consultations or warrant the
preparation of a federalism summary impact statement. The regulations
implementing Executive Order 12372 regarding intergovernmental
consultation on Federal programs and activities do not apply to this
regulation.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
The Department has determined that this rulemaking will not have
tribal implications, will not impose substantial direct compliance
costs on Indian tribal governments, and will not pre-empt tribal law.
Accordingly, the requirements of Executive Order 13175 do not apply to
this rulemaking.
Executive Orders 12866 and 13563--Improving Regulation and Regulatory
Review
The Department has considered this rule in light of these Executive
Orders and affirms that this regulation is consistent with the guidance
therein. The benefits of this rulemaking for the public include, but
are not limited to, providing an up-to-date procedure for requesting
information from the Department that is consistent with the FOIA
Improvement Act of 2016. The Department is aware of no more than a
minimal cost to the public from this rulemaking. The Office of
Information and Regulatory Affairs has not designated this rule as
``significant'' within the meaning of E.O. 12866.
Executive Order 14192--Unleashing Prosperity Through Deregulation
Since this rule was not deemed ``significant'' under Executive
Order 12866, it is not subject to the provisions of Executive Order
14192.
Paperwork Reduction Act
This rule does not impose or revise any reporting or recordkeeping
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter
35.
List of Subjects in 22 CFR Part 171
Administrative practice and procedure, Freedom of information,
Privacy.
[[Page 59700]]
Accordingly, for the reasons set forth in the preamble, the State
Department amends 22 CFR part 171 as follows:
PART 171--PUBLIC ACCESS TO INFORMATION
0
1. The authority citation for part 171 continues to read as follows:
Authority: 22 U.S.C. 2651a; 5 U.S.C. 552, 552a; E.O. 12600 (52
FR 23781); Pub. L. 114-185; Pub. L. 95-521, 92 Stat. 1824 (codified
as amended at 5 U.S.C. Ch. 131); 5 CFR part 2634.
0
2. In Sec. 171.1 amend paragraph (b) by revising the definition of
``Component'' to read as follows:
Sec. 171.1 General provisions.
* * * * *
(b) * * *
Component means each separate bureau, office, division, commission,
service, center, or administration within an agency that is responsible
for processing FOIA or PA requests concerning records under their
jurisdiction. The rules described in this regulation that apply to
agencies also apply to components.
* * * * *
0
3. Revise Sec. 171.2 to read as follows:
Sec. 171.2 Types of records maintained.
Most of the records maintained by the Department pertain to the
formulation and execution of U.S. foreign policy. The Department also
maintains certain records that pertain to individuals, such as
applications for U.S. passports issued from March 1925 to present,
applications for U.S. visas, records on consular assistance given
abroad by U.S. Foreign Service posts to U.S. citizens and lawful
permanent residents, and records on Department employees. Further
information on the types of records maintained by the Department may be
obtained by reviewing the Department's records disposition schedules,
which are available on the Department's FOIA website at <a href="https://foia.state.gov/">https://foia.state.gov/</a>.
Sec. 171.3 [Amended]
0
4. Amend Sec. 171.3(a) by removing the words ``www.state.gov/privacy''
and adding in their place ``www.state.gov/system-of-records-notices-
privacy-office''.
0
5. Revise Sec. 171.4 to read as follows:
Sec. 171.4 Requests for information--types and how made.
(a) General information. (1) Prior to filing a request for records,
please determine if the information you are seeking is already
available on the Department's website (<a href="http://www.state.gov">www.state.gov</a>) or the FOIA
Library (<a href="https://foia.state.gov/FOIALIBRARY/FOIALIB2.aspx">https://foia.state.gov/FOIALIBRARY/FOIALIB2.aspx</a>).
(2) Requests for records made in accordance with this part must be
made in writing via the Department's FOIA website (<a href="https://foia.state.gov/">https://foia.state.gov/</a>), the National FOIA Portal (<a href="http://www.foia.gov">www.foia.gov</a>), or by mail
to the component address as listed on the Department's FOIA website. A
request will receive the quickest possible response if it is addressed
to the FOIA office of the component that maintains the records sought.
A list of the Department's components that accept FOIA requests,
including descriptions of the types of records maintained, as well as
FOIA contact information can be found at <a href="https://foia.state.gov/">https://foia.state.gov/</a>.
(3) Requesters must provide contact information, such as their
phone number, email address, and/or mailing address, to assist the
Department in communicating with them and providing released records.
(4) Requests for records of the OIG must be made in writing via the
National FOIA Portal (<a href="http://www.foia.gov">www.foia.gov</a>), email, or mail. Guidance and
contact information are available on the OIG's website at
<a href="http://www.stateoig.gov/foiarequest">www.stateoig.gov/foiarequest</a>.
(5) The requester should provide the specific citation to the
authority under which he or she is requesting information (e.g., the
FOIA, the PA, or Mandatory Declassification Review (MDR) under the
current Executive Order on classification). This will facilitate the
processing of the request.
(b) Description of records sought. Although no particular format is
required, a request must reasonably describe the Department record(s)
that the requester seeks. Requesters must describe the records sought
in sufficient detail to enable agency personnel to locate them with a
reasonable amount of effort. To the extent possible, requesters should
include specific information that may assist the Department in
identifying the requested record(s), such as the bureau or office; date
or timeframe; title or name of the custodian, author, or recipient;
subject matter; case number; or file designation reference number.
Requests for visa records should include the following information for
the applicant and, if applicable, the petitioner: full name, as well as
any aliases used; current address; email; and date and place of birth
(including city, state, and country). Additional information describing
the records sought will assist the Department in properly identifying
the responsive records and in processing the request. If after
receiving a request the Department determines that the request does not
reasonably describe the records sought, the Department will inform the
requester that the request is insufficient and shall inform the
requester what additional information is needed or why the request is
otherwise insufficient. If a request does not reasonably describe the
records sought, the agency's response to the request may be delayed.
Any records provided in response to a request will be provided in the
form or format requested if a releasable form of the records is readily
reproducible in that form or format. Before submitting their requests,
requesters are encouraged to contact the component's FOIA contact or
FOIA Public Liaison to discuss the records they seek and to receive
assistance in describing the records or narrowing the scope of their
request.
(c) Privacy Act versus FOIA. While the Department makes every
effort to provide the greatest possible access to all requested records
regardless of the statute(s) under which the information is requested,
the following guidance is provided for the benefit of requesters:
(1) The Freedom of Information Act applies to requests for records
concerning the general activities of government and of the Department
in particular (see subpart B of this part).
(2) The Privacy Act applies to requests from U.S. citizens or
lawful permanent residents for records about them that are maintained
by the Department in a system of records retrievable by the
individual's name or personal identifier (see subpart C of this part).
(3) Requests made by individuals for records about themselves under
the Privacy Act of 1974, 5 U.S.C. 552a, are processed in accordance
with the Department's Privacy Act regulations in subpart C, as well as
under this subpart. Information in such records will be withheld only
if it is exempt from access under both laws; if the information is
exempt under only one of the laws, it will be released. Responsive
records that are not maintained in a Privacy Act system of records are
processed only under the FOIA.
(4) A requester who requests records about himself or herself must
comply with the verification of identity requirements as set forth in
Sec. 171.22 of Subpart C (the Privacy Act Provisions) of this part in
order for the request to be processed.
0
6. Revise Sec. 171.5 to read as follows:
Sec. 171.5 Archival records.
The Department ordinarily transfers records designated as
historically significant to the National Archives when they are 25
years old. Accordingly, requests for some
[[Page 59701]]
Department records 25 years old or older should be submitted to the
National Archives. More information about requesting such records can
be found in NARA's FOIA Reference Guide (<a href="https://www.archives.gov/foia/foia-guide#toc-iii-how-to-make-a-foia-request">https://www.archives.gov/foia/foia-guide#toc-iii-how-to-make-a-foia-request</a>). The Department's
website, <a href="https://foia.state.gov/">https://foia.state.gov/</a>, has additional information regarding
archival records.
0
7. Amend Sec. 171.11 by:
0
a. In paragraph (a)(1) removing the words ``Office of Information
Programs and Services (A/GIS/IPS)'' and adding in their place
``Information Access Programs Directorate (A/SKS/IAP)'';
0
b. Removing and reserving paragraphs (a)(2) and (3);
0
c. Revising paragraph (b); and
0
d. Revising last sentence of paragraph (d)(3).
The revisions read as follows:
Sec. 171.11 Processing requests.
* * * * *
(b) Receipt of request. The Department is in receipt of a request
when the request is received by a component designated to receive FOIA
requests (see Sec. 171.4(a)(2)). At that time, the Department must
send an acknowledgment letter to the requester that identifies the date
of receipt of the request in the proper component, and the case
tracking number. When one of these components determines that a request
was misdirected within the Department, that office must promptly route
the request to the proper component(s) within the Department.
* * * * *
(d) * * *
(3) * * * The release determination for the record that is the
subject of such coordination will be conveyed to the requester by the
component that originally received the request.
* * * * *
0
8. Amend Sec. 171.12 by:
0
a. In paragraph (a):
0
i. Removing the first instance of the word ``office'' and adding in its
place ``component'';
0
ii. Removing the words ``(A/GIS/IPS, OIG, or PPT)'';
0
iii. Removing the words ``any of these three offices'' and adding in
their place ``any component''.
0
b. In paragraph (b) removing the words ``An intake office (A/GIS/IPS,
OIG, or PPT)'' in the second sentence and adding in their place ``The
component'';
0
c. Revising paragraph (d)(2);
0
d. In paragraph (d)(4) removing the words ``office (whether A/GIS/IPS,
OIG, or PPT)'' and adding in their place the word ``component''.
The revision reads as follows:
Sec. 171.12 Timing of responses to requests.
* * * * *
(d) * * *
(2) A request for expedited processing may be made at the time of
the initial request for records or at any later time. When making a
request for expedited processing of an administrative appeal, the
request must be submitted to A/SKS/IAP, or OIG in the case of appeals
of OIG decisions (see Sec. 171.15). A Department component that
receives a misdirected request for expedited processing must forward it
promptly to the correct component responsible for receiving requests
for its determination.
* * * * *
0
9. Amend Sec. 171.13
0
a. In paragraph (e) by revising the second sentence;
0
b. In paragraph (g):
0
i. Removing the word ``deleted'' and adding in its place the word
``withheld'';
0
ii. Removing the word ``deletion'' and adding in its place the word
``withholding''; and
0
c. In paragraph (h)(1) by removing the words ``A/GIS/IPS or OIG'' and
adding in their place ``The component''.
The revision reads as follows:
Sec. 171.13 Responses to requests.
* * * * *
(e) * * * Adverse determinations, or denials of requests, include
but are not limited to decisions that: the requested record is exempt
from disclosure, in whole or in part; the request does not reasonably
describe the records sought; the information requested is not a record
subject to the FOIA; the requested record does not exist, cannot be
located, or has been destroyed; or the requested record is not readily
reproducible in the form or format sought by the requester. * * *
* * * * *
0
10. Amend Sec. 171.15 by revising paragraphs (a)(2), (3), (4), and
(b)(1) it to read as follows:
Sec. 171.15 Administrative appeals.
(a) * * *
(2) To appeal any adverse determinations made by a component other
than OIG, requesters must submit an administrative appeal to the A/SKS/
IAP FOIA Appeals Office by email to <a href="/cdn-cgi/l/email-protection#cf8980868e8ebfbfaaaea3bc8fbcbbaebbaae1a8a0b9"><span class="__cf_email__" data-cfemail="35737a7c74744545505459467546415441501b525a43">[email protected]</span></a> or by mail to
the address listed on the Department's FOIA website.
(3) To appeal any adverse determinations made by OIG, requesters
must submit an administrative appeal to OIG via email to
<a href="/cdn-cgi/l/email-protection#4f2920262e2e3f3f2a2e233c0f3c3b2e3b2a20262861282039"><span class="__cf_email__" data-cfemail="30565f595151404055515c437043445144555f59571e575f46">[email protected]</span></a> or by mail to the address on OIG's FOIA
website at <a href="http://www.stateoig.gov/foiaappeals">www.stateoig.gov/foiaappeals</a>. For those cases in which OIG
and another component provided written denials to the requester, the
requester may administratively appeal to both A/SKS/IAP and OIG, and
each office will handle its respective portion of the appeal.
(4) To appeal any adverse determinations made by the FSGB,
requesters must submit an administrative appeal to A/SKS/IAP using the
methods listed above in paragraph (2). A/SKS/IAP will assign a tracking
number to the appeal and forward it to the FSGB, which is an
independent body, for adjudication.
(b) * * *
(1) The A/SKS/IAP/LA Director or designee will act on behalf of the
Assistant Secretary for Administration on all appeals of A/SKS/IAP FOIA
determinations under this section. Likewise, the General Counsel of OIG
or his/her designee will act on behalf of the Inspector General on all
appeals of OIG FOIA determinations under this section.
* * * * *
0
11. Revise and republish Sec. 171.22 to read as follows:
Sec. 171.22 Request for access to records.
(a) In general. Requests for access to records under the PA must be
made in writing to the FOIA component listed in Sec. 171.4(a)(2). A
request will receive the quickest possible response if it is addressed
to the component that maintains the records sought. A list of the
Department's components that accept PA requests, as well as contact
information, can be found at <a href="https://foia.state.gov/">https://foia.state.gov/</a>. Each component is
responsible for acting on all PA requests for Department records as
described in Sec. 171.1(b).
(b) Description of records sought. Requests for access should
describe the requested record(s) in sufficient detail to permit
identification of the record(s). At a minimum, requests should include
the individual's full name (including maiden name, if appropriate) and
any other names used, current complete mailing address, and date and
place of birth (city, state, and country). Helpful information includes
the approximate time period of the record and the circumstances that
give the individual reason to believe that the Department maintains a
record under the individual's name or personal identifier, and, if
known, the system of records in which the record is maintained. In
certain instances, it may be necessary
[[Page 59702]]
for the Department to request additional information from the
requester, either to ensure a full search, or to ensure that a record
retrieved does in fact pertain to the individual.
(c) Verification of personal identity. The Department will require
reasonable identification of individuals requesting records about
themselves under the PA's access provisions to ensure that records are
only accessed by the proper persons. Requesters must state their full
name, current address, citizenship or lawful permanent resident alien
status, and date and place of birth (city, state, and country). The
requester must include a statement verifying that he/she is the person
requesting the records. The statement must be signed and dated within 6
months of the date of the request and be made under penalty of perjury
pursuant to 28 U.S.C. 1746. The preferred methods for verification of
identity are to certify under penalty of perjury in the request form on
the Department's FOIA website (<a href="https://foia.state.gov/">https://foia.state.gov/</a>), the National
FOIA Portal (<a href="http://www.foia.gov">www.foia.gov</a>), or to submit a completed DS-4240-R, Request
for Individual Access to Records Protected Under the Privacy Act
(<a href="https://foia.state.gov/Request/forms/DS-4240-R.pdf">https://foia.state.gov/Request/forms/DS-4240-R.pdf</a>). Forms created by
other Federal agencies will not be accepted. If the requester seeks
records under another name the requester has used, a statement, under
penalty of perjury, that the requester has also used the other name
must be included. In addition to the requirements in this paragraph (c)
and paragraph (e) of this section, requesters seeking access to copies
of the Passport Services' passport records must meet the requirements
in paragraph (d) of this section. As an exercise of administrative
discretion, the component can require a requester to supply additional
information if necessary in order to verify that a particular
individual has consented to disclosure.
(d) Special requirements for passport records. Given the sensitive
nature of passport records and their use, requests seeking access to
copies of passport records from Passport Services under the PA must
include the full name at birth and any subsequent name changes of the
individual whose records are being requested (if submitting the request
on behalf of a minor, provide the representative's full name as well);
the date and place of birth of the individual whose records are being
requested; the requester's current mailing address; and, if available,
daytime telephone number and email address; the date or estimated date
the passport(s) was issued; the passport number of the person whose
records are being sought, if known; and any other information that will
help to locate the records. The requester must also include a clear
copy of both sides of the requester's valid government-issued photo
identification, e.g., a driver's license.
(e) Authorized third party access. The Department shall process all
properly authorized third party requests, as described in this section,
under the PA. In the absence of proper authorization from the
individual to whom the records pertain, the Department will process
third party requests under the FOIA. The preferred method for
verification of identity is for the subject of the records being
requested to certify under penalty of perjury in the request form on
the Department's FOIA website (<a href="https://foia.state.gov/">https://foia.state.gov/</a>), the National
FOIA Portal (<a href="http://www.foia.gov">www.foia.gov</a>), or to submit a completed DS-4240-C, Consent
for Disclosure of Records Protected Under the Privacy Act (<a href="https://foia.state.gov/Request/forms/DS-4240-C.pdf">https://foia.state.gov/Request/forms/DS-4240-C.pdf</a>), authorizing release of the
requested information to another person or entity. Forms created by
other Federal agencies will not be accepted. Attorneys or other legal
representatives requesting visa information on behalf of a visa
applicant should submit a statement with the request made under penalty
of perjury pursuant to 28 U.S.C. 1746 by the applicant (and the
petitioner if the records sought pertain to a petition) authorizing
release of the requested visa information to the representative. Third
party requesters seeking access to copies of the Passport Office's
records must submit a clear copy of both sides of a valid government-
issued photo identification (e.g., a driver's license) in addition to
the other information described above. As an exercise of administrative
discretion, the component can require a requester to supply additional
information, if necessary, in order to verify that a particular
individual has consented to disclosure.
(1) Parents and guardians of minor children. Upon presentation of
acceptable documentation of the parental or guardian relationship, a
parent or guardian of a U.S. citizen or LPR minor (an unmarried person
under the age of 18) may, on behalf of the minor, request records under
the PA pertaining to the minor. In any case, U.S. citizen or LPR minors
may request such records on their own behalf. When making a request as
the parent or guardian of a minor child, for access to records about
that individual, a requester must establish:
(i) The identity of the individual who is the subject of the
records, by stating the name, current address, date and place of birth;
(ii) The requester's own identity, as required in paragraph (c) of
this section;
(iii) That the requester is the parent of that individual, which
the requester may prove by providing a copy of the individual's birth
certificate showing parentage, or by providing a court order
establishing guardianship; and
(iv) That the requester is acting on behalf of that individual in
making the request. A parent's right to access their minor child's
record is not absolute.
(2) Guardians of incompetent adults. A guardian of an individual
who has been declared by a court to be incompetent may act for and on
behalf of the incompetent individual upon presentation of appropriate
documentation of the guardian relationship. When making a request as
the guardian of someone determined by a court to be incompetent, for
access to records about that individual, a requester must establish:
(i) The identity of the individual who is the subject of the
records, by stating the name, current address, date and place of birth;
(ii) The requester's own identity, as required in paragraph (c) of
this section;
(iii) That the requester is the guardian of that individual, which
the requester may prove by providing a copy of a court order
establishing guardianship; and
(iv) That the requester is acting on behalf of that individual in
making the request.
(f) Referrals and consultations. If the Department determines that
records retrieved as responsive to the request were created by another
agency, it ordinarily will refer the records to the originating agency
for direct response to the requester. If the Department determines that
Department records retrieved as responsive to the request are of
interest to another agency, it may consult with the other agency before
responding to the request. The Department may make agreements with
other agencies to eliminate the need for consultations or referrals for
particular types of records.
(g) Records relating to civil actions. Nothing in this subpart
entitles an individual to access any information compiled in reasonable
anticipation of a civil action or proceeding.
(h) Time limits. The Department will acknowledge the request
promptly and furnish the requested information as soon as possible
thereafter.
0
12. Revise Sec. 171.23(b) to read as follows:
[[Page 59703]]
Sec. 171.23 Request to amend or correct records.
* * * * *
(b) Requests to amend records must be in writing and submitted to
A/SKS/IAP by email to <a href="/cdn-cgi/l/email-protection#dc9a93959d9dacacb9bdb0af9cafa8bda8b9f2bbb3aa"><span class="__cf_email__" data-cfemail="c1878e888080b1b1a4a0adb281b2b5a0b5a4efa6aeb7">[email protected]</span></a> or by mail to the address
listed on the Department's FOIA website. Requests to amend OIG records
must be made in writing and submitted to OIG by email or mail to the
address provided on OIG's website (<a href="https://www.stateoig.gov/freedom-information-act-foia-0">https://www.stateoig.gov/freedom-information-act-foia-0</a>). To facilitate handling, the requester should
mark both the letter and envelope, or subject line of the electronic
transmission, ``Privacy Act Amendment Request.'' A/SKS/IAP or OIG will
coordinate the review of the request with the appropriate offices under
its purview. The Department will require verification of personal
identity as provided in Sec. 171.22(c) before it will initiate action
to amend a record. Amendment requests should contain, at a minimum,
identifying information needed to locate the record in question, a
description of the specific correction requested, and an explanation of
why the existing record is not accurate, relevant, timely, or complete.
The requester should submit as much pertinent documentation, other
information, and explanation as possible to support the request for
amendment.
* * * * *
Sec. 171.24 [Amended]
0
13. Amend Sec. 171.24(a) by removing the words ``A/GIS/IPS'' in the
last sentence and adding in their place ``A/SKS/IAP''.
0
14. Amend Sec. 171.25 by revising paragraphs (b), (c), (d), (e), (g),
and (h) introductory text to read as follows:
Sec. 171.25 Appeals from denials of PA amendment requests.
* * * * *
(b) To appeal any decisions made by a component other than OIG,
requesters must submit an administrative appeal to the A/SKS/IAP FOIA
Appeals Office by email to <a href="/cdn-cgi/l/email-protection#f5b3babcb4b4858590949986b58681948190db929a83"><span class="__cf_email__" data-cfemail="61272e282020111104000d122112150015044f060e17">[email protected]</span></a> or by mail to the
address as listed on the Department's FOIA website. To facilitate
handling, the requester should mark both the appeal letter and
envelope, or subject line of the electronic transmission, ``Privacy Act
Appeal.''
(c) For decisions made by OIG, requesters should submit their
appeal to the OIG. The contact information for OIG is available at
<a href="https://www.stateoig.gov/foia-appeals">https://www.stateoig.gov/foia-appeals</a>. To facilitate handling, the
requester should mark both the appeal letter and envelope, or subject
line of the electronic transmission, ``Privacy Act Appeal.''
(d) Appellants should submit an administrative appeal of any
denial, in whole or in part, of a request for access to FSGB records
under the PA to the A/SKS/IAP Appeals Office by email to
<a href="/cdn-cgi/l/email-protection#64222b2d25251414010508172417100510014a030b12"><span class="__cf_email__" data-cfemail="31777e787070414154505d427142455045541f565e47">[email protected]</span></a> or by mail to address as listed on the
Department's FOIA website. A/SKS/IAP will assign a tracking number to
the appeal and forward it to the FSGB, which is an independent body,
for adjudication.
(e) A/SKS/IAP, OIG, or FSGB will decide appeals from denials of PA
amendment requests within 30 working days from the date when the appeal
is received, unless an extension of that period for good cause shown is
needed.
* * * * *
(g) If the decision is that a record shall be amended in accordance
with the appellant's request, A/SKS/IAP, OIG, or FSGB shall direct the
office under its purview that is responsible for the record to amend
the record, advise all previous recipients of the record of the
amendment and its substance (if an accounting of previous disclosures
has been made), and so advise the individual in writing.
(h) If the decision is that the amendment request is denied, in
addition to the notification required by paragraph (f) of this section,
A/SKS/IAP, OIG, or FSGB shall advise the appellant:
* * * * *
0
15. Amend Sec. 171.26 by revising table 1 to paragraph (a)(2)(iii) and
paragraph (b) to read as follows:
Sec. 171.26 Exemptions.
* * * * *
(a) * * *
(2) * * *
(iii) * * *
Table 1 to Paragraph (a)(2)(iii)
------------------------------------------------------------------------
Title No.
------------------------------------------------------------------------
Office of Inspector General STATE-53.
Investigation Management System.
Risk Analysis and Management......... STATE-78.
Security Records..................... STATE-36.
------------------------------------------------------------------------
(b) Specific exemptions. Portions of the following systems of
records are exempt from 5 U.S.C. 552a(c)(3), (d), (e)(1), and (4), (G),
(H), and (I), and (f). The names of the systems correspond to those
published in the Federal Register by the Department.
(1) Exempt under 5 U.S.C. 552a(k)(1). Records contained within the
following systems of records are exempt under this section to the
extent that they are subject to the provisions of 5 U.S.C. 552(b)(1).
Table 2 to Paragraph (b)(1)
------------------------------------------------------------------------
Title No.
------------------------------------------------------------------------
Congressional Correspondence......... STATE-43.
Congressional Travel Records......... STATE-44.
Coordinator for the Combating of STATE-06.
Terrorism Records.
Extradition Records.................. STATE-11.
Family Advocacy Case Records......... STATE-75.
Foreign Assistance Inspection Records STATE-48.
Human Resources Records.............. STATE-31.
Intelligence and Research Records.... STATE-15.
International Organizations Records.. STATE-17.
Legal Case Management Records........ STATE-21.
Munitions Control Records............ STATE-42.
[[Page 59704]]
Office of Inspector General STATE-53.
Investigation Management System.
Overseas Citizens Services Records STATE-05.
and Other Overseas Records.
Passport Records..................... STATE-26.
Personnel Payroll Records............ STATE-30.
Records of Domestic Accounts STATE-23.
Receivable.
Records of the Office of the STATE-54.
Assistant Legal Adviser for
International Claims and Investment
Disputes.
Records of the Office of White House STATE-34.
Liaison.
Refugee Records...................... STATE-59.
Risk Analysis and Management Records. STATE-78.
Rover Records........................ STATE-41.
Security Records..................... STATE-36.
Visa Records......................... STATE-39.
------------------------------------------------------------------------
(2) Exempt under 5 U.S.C. 552a(k)(2). Records contained within the
following systems of records are exempt under this section to the
extent that they consist of investigatory material compiled for law
enforcement purposes, subject to the limitations set forth in 5 U.S.C.
552a(k)(2).
Table 3 to Paragraph (b)(2)
------------------------------------------------------------------------
Title No.
------------------------------------------------------------------------
Coordinator for the Combating of STATE-06.
Terrorism Records.
Extradition Records.................. STATE-11.
Family Advocacy Case Records......... STATE-75.
Foreign Assistance Inspection Records STATE-48.
Garnishment of Wages Records......... STATE-61.
Intelligence and Research Records.... STATE-15.
Munitions Control Records............ STATE-42.
Office of Foreign Missions Records... STATE-81.
Office of Inspector General STATE-53.
Investigation Management System.
Overseas Citizens Services Records STATE-05.
and Other Overseas Records.
Passport Records..................... STATE-26.
Risk Analysis and Management Records. STATE-78.
Security Records..................... STATE-36.
Visa Records......................... STATE-39.
------------------------------------------------------------------------
(3) Exempt under 5 U.S.C. 552a(k)(3). Records contained within the
following systems of records are exempt under this section to the
extent that they are maintained in connection with providing protective
services pursuant to 18 U.S.C. 3056.
Table 4 to Paragraph (b)(3)
------------------------------------------------------------------------
Title No.
------------------------------------------------------------------------
Extradition Records.................. STATE-11.
Intelligence and Research Records.... STATE-15.
Overseas Citizens Services Records STATE-05.
and Other Overseas Records.
Passport Records..................... STATE-26.
Security Records..................... STATE-36.
Visa Records......................... STATE-39.
------------------------------------------------------------------------
(4) Exempt under 5 U.S.C. 552a(k)(4). Records contained within the
following systems of records are exempt under this section to the
extent that they are required by statute to be maintained and are used
solely as statistical records.
Table 5 to Paragraph (b)(4)
------------------------------------------------------------------------
Title No.
------------------------------------------------------------------------
Foreign Service Institute Records.... STATE-14.
Human Resources Records.............. STATE-31.
Overseas Citizens Services Records STATE-05.
and Other Overseas Records.
Personnel Payroll Records............ STATE-30.
Security Records..................... STATE-36.
------------------------------------------------------------------------
[[Page 59705]]
(5) Exempt under 5 U.S.C. 552a(k)(5). Records contained within the
following systems of records are exempt under this section to the
extent that they consist of investigatory material compiled solely for
the purpose of determining suitability, eligibility, or qualifications
for Federal civilian employment, military service, Federal contracts,
or access to classified information, but only to the extent that
disclosure of such material would reveal the identity of a confidential
informant.
Table 6 to Paragraph (b)(5)
------------------------------------------------------------------------
Title No.
------------------------------------------------------------------------
Foreign Assistance Inspection Records STATE-48.
Foreign Service Grievance Board STATE-13.
Records.
Human Resources Records.............. STATE-31.
Legal Adviser Attorney Employment STATE-20.
Application Records.
Office of Inspector General STATE-53.
Investigation Management System.
Overseas Citizens Services Records STATE-05.
and Other Overseas Records.
Records Maintained by the Office of STATE-09.
Civil Rights.
Records of the Office of White House STATE-34.
Liaison.
Risk Analysis and Management Records. STATE-78.
Rover Records........................ STATE-41.
Security Records..................... STATE-36.
Senior Personnel Appointments Records STATE-47.
------------------------------------------------------------------------
(6) Exempt under 5 U.S.C. 552a(k)(6). Records contained within the
following systems of records are exempt under this section to the
extent that they consist of testing or examination material used solely
to determine individual qualifications for appointment or promotion in
the Federal service the disclosure of which would compromise the
objectivity or fairness of the testing or examination process.
Table 7 to Paragraph (b)(6)
------------------------------------------------------------------------
Title No.
------------------------------------------------------------------------
Foreign Service Institute Records.... STATE-14.
Human Resources Records.............. STATE-31.
Records Maintained by the Office of STATE-09.
Civil Rights.
Security Records..................... STATE-36.
------------------------------------------------------------------------
(7) Exempt under 5 U.S.C. 552a(k)(7). Records contained within the
following systems of records are exempt under this section to the
extent that they consist of evaluation material used to determine
potential for promotion in the armed services, but only to the extent
that such disclosure would reveal the identity of a confidential
informant.
Table 8 to Paragraph (b)(7)
------------------------------------------------------------------------
Title No.
------------------------------------------------------------------------
Human Resources Records.............. STATE-31.
Overseas Citizens Services Records STATE-05.
and Other Overseas Records.
Security Records..................... STATE-36.
------------------------------------------------------------------------
Signing Authority
The Assistant Secretary for Administration, Jose Cunningham,
reviewed and approved this document and has authorized the undersigned
to electronically sign and submit this document to the Office of the
Federal Register for publication.
Alice M. Kottmyer,
Attorney-Adviser, Office of the Legal Adviser, U.S. Department of
State.
[FR Doc. 2026-19223 Filed 9-18-26; 8:45 am]
BILLING CODE 4710-024-P
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</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.