C.F.R. » Title 22 » CHAPTER I—DEPARTMENT OF STATE › SUBCHAPTER R—ACCESS TO INFORMATION › PART 171—PUBLIC ACCESS TO INFORMATION › Subpart A—General Policy and Procedures

22 C.F.R. § 171.1

General provisions

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(a) In General. This part contains the rules that the Department of State and the Foreign Service Grievance Board (FSGB), an independent body, follow in processing requests for records under the Freedom of Information Act (FOIA), as amended, 5 U.S.C. 552, and the Privacy Act of 1974 (PA), as amended, 5 U.S.C. 552a. These rules should be read in conjunction with the text of the FOIA, the PA, and the Uniform Freedom of Information Fee Schedule and Guidelines published by the Office of Management and Budget (“OMB Guidelines”).

(b) Definitions. For purposes of subparts A and B of this part,

Component means the offices that respond directly to requests concerning records under their jurisdiction: the Office of Inspector General; the Bureau of Consular Affairs' Directorates for Visa Services, Passport Services, and Overseas Citizens Services; the Bureau of Diplomatic Security; the Bureau of Global Talent Management; the Bureau of Medical Services; and the Foreign Service Grievance Board.

Control means the Department's legal authority over a record, taking into account the ability of the Department to use and dispose of the record, the intent of the record's creator to retain or relinquish control over the record, the extent to which Department personnel have read or relied upon the record, and the degree to which the record has been integrated into the Department's record-keeping systems or files.

Department means the United States Department of State, including its field offices, Foreign Service posts abroad, and its components. This part does not address FOIA requests to the U.S. Agency for International Development (USAID). Requesters should visit USAID's website for further information.

Record means information regardless of its physical form or characteristics—including information created, stored, and retrievable by electronic means—that is created or obtained by the Department and under the control of the Department at the time of the request, including information maintained for the Department by an entity under government contract for records management purposes. It does not include records that are not already in existence and that would have to be created specifically to respond to a request.

Notes of Decisions
Cited in 3 cases, 2008–2011 · leading case: Vest v. Dep't of the Air Force, 793 F. Supp. 2d 103 (D.D.C. 2011).
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Vest v. Dep't of the Air Force, 793 F. Supp. 2d 103 (D.D.C. 2011). “that an employee of the Department of State who is familiar with the subject area of the request can locate the records with a reasonable amount of effort,” 22 C.F.R. § 171.1 (2010), and the “burden of adequately identifying the record requested lies with the requestor,” id.”
Djenasevic v. Exec. United States Attorney's Off., 579 F. Supp. 2d 129 (D.D.C. 2008). “¶2; see 22 C.F.R. § 171.1 et seq. “For Privacy Act requests, the request should state the type of records sought, the complete name and date and place of birth of the subject of the request, and the timeframe for the records.”
Vest v. Dep't of the Air Force (D.D.C. 2011). “that an employee of the Department of State who is familiar with the subject area of the request can locate the records with a reasonable amount of effort,” 22 C.F.R. § 171.1 (2010), and the “burden 19 of adequately identifying the record requested lies with the requestor,” id.”
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