[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR171.12]

[Page 707-708]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 171_AVAILABILITY OF INFORMATION AND RECORDS TO THE PUBLIC
--Table of Contents
 
             Subpart B_Freedom of Information Act Provisions
 
Sec. 171.12  Processing requests.

    The Information and Privacy Coordinator is responsible for acting on 
all initial requests except for requests for records coming under the 
jurisdiction of the Bureau of Consular Affairs, the Bureau of Diplomatic 
Security, the Bureau of Human Resources, the Office of Medical Services, 
and the Office of the Inspector General.
    (a) Third party requests. Except for requests under the Privacy Act 
by a parent of a minor or by a legal guardian (Sec. 171.32(c)), 
requests for records pertaining to another individual shall be processed 
under the FOIA and must be accompanied by a written authorization for 
access by the individual, notarized or made under penalty of perjury, or 
by proof that the individual is deceased (e.g., death certificate or 
obituary).
    (b) Expedited processing. Requests and appeals shall be taken out of 
order and given expedited treatment whenever a requester has 
demonstrated that a ``compelling need'' for the information exists. A 
request for expedited processing may be made at the time of the initial 
request for records or at any later time. The request for expedited 
processing shall set forth with specificity the facts on which the 
request is based. A notice of the determination whether to grant 
expedited processing shall be provided to the requester within 10 days 
of the date of the receipt of the request. A ``compelling need'' is 
deemed to exist where the requester can demonstrate one of the 
following:
    (1) Failure to obtain requested information on an expedited basis 
could reasonably be expected to: Pose an imminent threat to the life or 
physical safety of an individual; impair substantial due process rights; 
or harm substantial humanitarian interests.
    (2) The information is urgently needed by an individual primarily 
engaged in disseminating information in order to inform the public 
concerning actual or alleged Federal Government activity. News media 
requesters would normally qualify; however, other persons must 
demonstrate that their primary activity involves publishing or otherwise 
disseminating information to the public, not just a particular segment 
or group.
    (i) Urgently needed. The information has a particular value that 
will be lost if not disseminated quickly. Ordinarily this means a 
breaking news story of general public interest. Information of 
historical interest only, or information sought for litigation or 
commercial activities would not qualify, nor would a news media 
publication or broadcast deadline unrelated to the breaking nature of 
the story.
    (ii) Actual or alleged Federal Government activity. The information 
concerns some actions taken, contemplated, or alleged by or about the 
government of the United States, or one of its components or agencies, 
including the Congress.

[[Page 708]]

    (c) Appeal of denial of expedited processing. Any denial of a 
request for expedited processing may be appealed in accordance with the 
appeal procedure set forth in Sec. 171.50.
    (d) Time limits. The statutory time limit for responding to a FOIA 
request or to an appeal from a denial of a FOIA request is 20 days. In 
unusual circumstances, as defined in Sec. 171.11(k), the time limits 
may be extended by the Information and Privacy Coordinator for not more 
than 10 days, excepting Saturdays, Sundays, or legal public holidays.
    (e) Multitrack processing. The Department may use two or more 
processing tracks by distinguishing between simple and more complex 
requests based on the amount of work and/or time needed to process the 
request. The Department may provide requesters in a slower track an 
opportunity to limit the scope of their request in order to qualify for 
faster processing.
    (f) Form or format of response. The Department shall provide 
requested records in any form or format sought by the requester if the 
record is readily reproducible in that form or format through reasonable 
efforts.