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Rule2026-19223

Public Access to Information

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Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
September 21, 2026
Effective
October 21, 2026

Issuing agencies

State Department

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.

Full Text

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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&#160;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&#160;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&#160;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&#160;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&#160;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&#160;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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Indexed from Federal Register on September 21, 2026.

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.