[Code of Federal Regulations]

[Title 22, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 22CFR171.12]



[Page 752-753]

 

                       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 753]]



    (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.