About State Department Records
About the Freedom of Information Act
(FOIA)
About the Privacy Act
What
is a record?
According to 44 United States Code 3301, records are "all books,
papers, maps, photographs, machine-readable materials, or other documentary
materials regardless of physical form or characteristics, made or received
by an agency of the United States Government under Federal law or in
connection with the transaction of public business, and preserved or
appropriate for preservation by that agency or its legitimate successor
as evidence of the organization, functions, policies, decisions, procedures,
operations, or other activities of the Government or because of the
informational value of data in them."
What
kind of records can I obtain from the State Department?
Through the FOIA and Executive Order 12958 as amended, you may request access
to records that document (1) the formulation and execution of U.S. Foreign policy and (2) the administration and operations of the Department of
State and its missions abroad. For information on State Department records
go to:
FAM (Foreign Affairs Manual),
Foreign Affairs Regulation, 1 FAM - for description of the organization
and functions of the Department
Department of State Records - for a listing
of records by bureau or office
Government
Information Locator Service (GILS)
Through the Privacy Act, you may request access to records about yourself,
if you are a U.S. Citizen or permanent resident alien, that are kept
in name-retrievable form by the Department of State. These records
include, for example, visa, consular, passport--and for current or
former employees of the Department of State, personnel, medical, security,
and administrative records. For information on name-retrievable records,
see Government Printing Office's Privacy
Act Issuances, 1995 & 1997 Compilation.
Does
the State Department keep all of its records?
No. Records no longer needed by an office, are destroyed or retired
in accordance with a Records Disposition Schedule approved by the
National Archives and Records Administration (NARA).
Permanent records will be retired to an agency storage facility
or a Federal Records Center and eventually transferred to the National
Archives, which is responsible for providing public access to the permanent
records of the Federal Government.
Temporary records will be destroyed either in the office or
after they have been retired. By law, no records can be destroyed without
an approved Records Disposition Schedule.
What
is a Records Disposition Schedule?
A records disposition schedule identifies categories of records created
and maintained by the agency, whose final disposition has been approved
by NARA. The schedule provides mandatory instructions for what to do
with records (and non-record materials) no longer needed for current
Government business.
What
is the difference between a permanent and a temporary record?
A permanent record is one that NARA has appraised (through a records
disposition schedule) as having sufficient historical or other value
to warrant continued preservation. A temporary record is one which NARA
has approved for disposal either immediately or after a specified period
of time.
When
are State Department records transferred to the National Archives?
Under Executive Order 12958, permanent records must be reviewed, declassified
and transferred to the National Archives at 25 years of age. These records
then become the property of the National Archives. For more information
on State Department records at the National Archives, see our Records
at the National Archives and the National
Archives and Records Administration web site.
Are
all records released when they become 25 years old?
No. Certain categories of information may be protected from disclosure
beyond 25 years, for example, information which would cause an unwarranted
invasion of personal privacy, privileged trade secrets, commercial and
financial information, and national security information classified
under an executive order.
What
is "classified" information?
Information about the national defense or foreign relations of the
United States which requires protection against unauthorized disclosure
may be "classified" under the terms of Executive
Order 12958, as amended (E.O. 12958). Classified records contain
such information, appropriately identified and marked according to
Parts One and Two of E.O. 12958. Access to classified information
requires a security clearance and a need to know.
How
are State Department records organized?
State Department records are organized into three basic file series:
the Central Foreign Policy file, Post files, and Lot files. The Central
Foreign Policy file contains all telegrams sent or received by the State
Department and selected internal memoranda, written correspondence,
diplomatic notes, congressionals, memorandums of conversations and documents
from other agencies. Post files are the records of U.S. Embassies, consulates
and other diplomatic missions abroad. Lot files are collections of records
generated by offices in the Department of State.
What
is the official filing system for State Department’s records?
The Department’s official filing system, called Traffic Analysis
by Geography and Subject (TAGS) and Terms provides an easy to use, subject-oriented
means to store and find information.
What
is the purpose of FOIA?
The FOIA gives a person the right to request access to Federal records.
However, some records may be protected from release, including but not
limited to:
a. National security records which have been classified under
an executive order, and remain classified;
b. Records the disclosure of which would constitute an
unwarranted invasion of and individual's personal
privacy;
c. Records compiled for law enforcement purposes;
d. Records protected from release by statute
For the complete list of FOIA exemptions, go to the Text
of the 1996 FOIA.
How
do I make a FOIA request?
If you want help with your request letter, go to Making
A FOIA Request.
Will
I be charged for making a FOIA request?
The State Department is entitled to charge a fee to recover the costs
of document search, duplication and review. Under certain conditions,
documents may be furnished without charge or at a reduced charge.
What
happens when the State Department receives my FOIA request?
The State Department will respond to your request within 20 working
days of its receipt. The response will advise you of the date of receipt,
the case number assigned to your request, and whether or not the records
you are seeking are under the Department's control. Whenever possible,
the records requested will be furnished within 20 working days. In
general, requests are sorted according to the amount of work or time
involved in responding to them, so that relatively simpler requests
may be processed more quickly. If a request presents unusual circumstances
-- such as the volume of the records sought -- you will be notified
and offered an opportunity to limit the scope of your request in order
to facilitate its processing. You will receive a substantive response
when your request is fulfilled, denied in part or denied in full. If
your request is complex, you may receive more than one substantive
response.
If
I do not specify a time frame, what is the date range of the records I
will receive?
In order to achieve maximum access to records, the Department has
established that the cutoff date for retrieving records is the date
that searches are initiated within the State Department for responsive
records. Only records that were created on or before the date of search
initiation will be retrieved. The Department of State consists of
numerous bureaus, offices and overseas posts. Many requests require
searches by personnel at multiple locations, and searches are conducted
on a first-come, first serve basis at each location. Depending on
the material requested and the need to search several components the
actual date(s) that a search is initiated can vary. Notice of this
procedure is sent to each requester in the Department's acknowledgement
letter.
Will
I receive all the records I've asked for?
It is the State Department’s policy to release information to
the maximum extent possible. If some information must be deleted from
a record which is released in part, the amount of information deleted
will be indicated at the place where the deletion is made. If an entire
record is withheld, you will be informed of the volume -- number of
documents, for example -- which has not been released.
Can
I appeal a decision of denial of access?
Yes, if your request is denied or material is withheld, you may file
an appeal. For a description of the appeals process and a sample letter
appealing a decision to withhold material, go to Appealing
a FOIA or Privacy Decision.
Can
I appeal a decision not to waive or reduce fees?
Yes, for a description of the appeals process and a sample letter appealing
a decision not to waive or reduce fees, go to Appealing
A FOIA or Privacy Decision.
What is 22CFR171, and how does it effect my FOIA request?
For additional information concerning availability
of information to the public, reference 22CFR171.
What
is the purpose of the Privacy Act?
The Privacy Act is a Records Management act that provides safeguards
against invasion of personal privacy through the misuse of records by
Federal agencies. Congress passed the Act in 1974 to establish
controls over what personal information is collected, maintained, used
and disseminated by the Federal government. The Act applies to
records about individuals maintained by agencies in the executive branch
of the Federal government. The Privacy Act guarantees three primary
rights: 1) the right to see records about oneself, subject to Privacy
Act exemption; 2) the right to request the amendment of records that
are not accurate, relevant, timely or complete; and 3) the right to
bring civil action against the Department for violations of the statute
-- including permitting others to see another person's records, unless
specifically permitted by the act.
What
records can be requested under the Privacy Act?
The Privacy Act is concerned essentially with name-retrievable records
systems. Examples of such systems would include passport, medical, and
employment records. For a description of State Department systems of
records maintained on individuals, go to the Government Printing Office's
Privacy
Act Issuances, 1995 & 1997 Compilation.
Who
can request records under the Privacy Act?
You must be a United States citizen or an alien lawfully admitted for
permanent residence to the U.S. to make a request for Privacy Act records.
How
do I request my own records?
You do not need a special form. Make your request in writing and provide
your full name and date and place of birth. Provide other names you
have used. Describe the records you believe the Department of State
maintains about you and why. Give an approximate time period if you
are asking about a specific event. Sign and date the letter, and mail
it (do not fax it) to:
Margaret P. Grafeld, Information & Privacy Coordinator
U.S. Department of State
A/ISS/IPS, SA-2
Washington, D.C. 20522-8100
Will
there be a charge for documents obtained under the Privacy Act?
No. The Department of State does not charge for initial release of
documents under the Privacy Act request. However, the Department may
charge $0.25 per page for subsequent copies.
May
I request records pertaining to another individual?
Yes, you may request records concerning another individual, with their
written permission. This kind of request is called a "third party
request". A third party request that is accompanied by proper written
consent will be processed as if it were made by the first party. Requests
not accompanied by written consent may result in a denial of access
pursuant to subsection (b)(6) of the FOIA. The person’s written
consent requires an original signature that must be notarized.
or
If you are unable to visit a notary, you may instead have the individual
attest to the truth and correctness of the authorization by adding the
following statement to the consent form:
"I certify under penalty of perjury under the laws of the
United States of America, that the foregoing is true and correct."
This statement is then signed by the individual who the records pertain
to, and must be an original, not a copy or fax. The request must contain
the individuals date and place of birth, full name and any aliases, type of
records being requested and an approximate time frame for search.
What
if I want the records of a deceased individual?
You may request the records of a deceased person if you can provide
proof of death. You should provide the person’s date and place
of birth and a copy of the death certificate or a newspaper obituary.
You should explain the type of material you seek and why you think that
the Department of State would have records. Your request will be processed
under provisions of the FOIA.
What
if I am not a US citizen or permanent resident alien and I want records
about myself?
You may request records concerning yourself, even if you are not a
US citizen, but your request will be processed under the Freedom of
Information Act --not the Privacy Act.
How
do I decide which Act - the Freedom of Information Act or the Privacy
Act - pertains to the records I want?
You do not have to make that decision. When a request is received at
the State Department, the Freedom of Information and Privacy Act staff
members will process your request according to the act that assures
the greatest access permitted by law.
What
is 22CFR171, and how does it effect my Privacy request?
For additional information concerning availability
of information to the public, reference 22CFR171.
Note: For information about what happens when the Department receives
your Privacy Act request, and making an appeal, refer to the appropriate
FAQ in the About the Freedom of Information (FOIA) section above.
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