[Federal Register Volume 63, Number 176 (Friday, September 11, 1998)]
[Notices]
[Pages 48779-48781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24381]


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DEPARTMENT OF STATE

[Public Notice 2884]


Privacy Act of 1974; Altered System of Records

    Notice is hereby given that the Department of State proposes to 
alter an existing system of records, STATE-36, pursuant to the 
provisions of the Privacy Act of 1974, as amended (5 U.S.C. (r)), and 
the Office of Management and Budget Circular No. A-130, Appendix I. The 
Department's report was filed with the Office of Management and Budget 
on August 24, 1998.
    It is proposed that the current system will retain the name 
``Security Records.'' It is also proposed that due to the expanded 
scope of the current system, the system description will include 
revisions and/or additions to each section. These changes to the 
existing system description are proposed in order to reflect more 
accurately the Bureau of Diplomatic Security's record-keeping system, 
and a reorganization of activities and operations. Also, certain 
relevant records will be removed from ``Security Access Control 
Records, STATE-55'' and will become part of STATE-36. STATE-55 will be 
deleted in the near future.
    Any persons interested in commenting on the altered system of 
records may do so by submitting comments in writing to Kenneth F. 
Rossman; Acting Chief; Programs and Policies Division; Office of IRM 
Programs and Services; Room 1239; Department of State; 2201 C Street, 
NW; Washington, DC 20520-1512. This system of records will be effective 
40 days from the date of publication, unless we receive comments that 
will result in a contrary determination.
    The altered system description, ``Security Records, STATE-36'' will 
read as set forth below.

    Dated: August 24, 1998.
Patrick F. Kennedy,
Assistant Secretary for the Bureau of Administration.
STATE--36

SYSTEM NAME:
    Security Records.

SECURITY CLASSIFICATION:
    Unclassified and classified.

SYSTEM LOCATION:
    Department of State, Bureau of Diplomatic Security, State Annex 1, 
2401 E Street NW, Washington, DC 20037; State Annex 7, 7943-50 Cluny 
Court, Springfield, VA 22153; State Annex 10, 2121 Virginia Avenue NW, 
Washington, DC 20522; State Annex-11, 2216 Gallows Road, Dunn Loring, 
VA 22027; and overseas at some U.S. embassies, U.S. consulates general 
and U.S. consulates.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Present and former employees of the Department of State including 
Diplomatic Security Special Agents; applicants for Department 
employment who have been or are presently being investigated for 
security clearance; contractors working for the Department; interns and 
detailees to the Department; individuals requiring access to the 
official Department of State premises who have undergone or are 
undergoing security clearance; some passport and visa applicants 
concerning matters of adjudication; individuals involved in matters of 
passport and visa fraud; individuals involved in unauthorized access to 
classified information; prospective alien spouses of American personnel 
of the Department of State; individuals or groups whose activities have 
a potential bearing on the security of Departmental or Foreign Service 
operations, including those involved in criminal or terrorist activity. 
Others files include individuals issued security violations or 
infrastructions; litigants in civil suits and criminal prosecutions of 
interest to the Bureau of Diplomatic Security; individuals who have 
Department building passes; unformed security officers; individuals 
named in congressional inquires to the Bureau of Diplomatic Security; 
individuals subject to investigations conducted abroad on behalf of 
other Federal agencies; individuals whose activities other agencies 
believe may have a bearing on U.S. foreign policy interests.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    (a) 5 U.S.C. 301, (Management of Executive Agencies);
    (b) 5 U.S.C. 7311 (Suitability, Security, and Conduct);
    (c) 5 U.S.C. 7531-33 (Adverse Actions, Suspension and Removal, and 
Effect on Other Statutes);
    (d) 8 U.S.C. 1104 (Aliens and Nationality--passport and visa fraud 
investigations);
    (e) 18 U.S.C. 111 (Crimes and Criminal Procedures) (Assaulting, 
resisting, or impeding certain officers or employees);

[[Page 48780]]

    (f) 18 U.S.C. 112 (Protection of foreign officials, official 
guests, and internationally protected persons);
    (g) 18 U.S.C. 201 (Bribery of public officials and witnesses);
    (h) 18 U.S.C. 202 (Bribery, Graft, and Conflicts of Interest-
Definitions);
    (i) 18 U.S.C. 1114 (Protection of officers and employees of the 
U.S.);
    (j) 18 U.S.C. 1116 (Murder or manslaughter of foreign officials, 
official guests, or internationally protected persons);
    (k) 18 U.S.C. 1117 (Conspiracy to murder);
    (l) 18 U.S.C. 1541-1546 (Issuance without authority, false 
statement in application and use of passport, forgery or false use of 
passport, misuse of passport, safe conduct violation, fraud and misuse 
of visas, permits, and other documents);
    (m) 22 U.S.C. 211a (Foreign Relations and Intercourse) (Authority 
to grant, issue, and verify passports);
    (n) 22 U.S.C. 842, 846, 911--(Duties of Officers and Employees and 
Foreign Service Officers) (Repealed, but applicable to past records);
    (o) 22 U.S.C. 2454 (Administration)
    (p) 22 U.S.C. 2651a (Organization of the Department of State);
    (q) 22 U.S.C. 2658 (Rules and regulations; promulgation by 
Secretary; delegation of authority--applicable to past records);
    (r) 22 U.S.C. 2267 Empowered security officers of the Department of 
State and Foreign Service to make arrests without warrant) (Repealed, 
but applicable to past records);
    (s) 22 U.S.C. 2709 (Special Agents);
    (t) 22 U.S.C. 2712 (Authority to control certain terrorism-related 
services);
    (u) 22 U.S.C. 3921 (Management of service);
    (v) 22 U.S.C. 4802, 4804(3)(D)--(Diplomatic Security) (generally) 
and (Responsibilities of Assistant Secretary for Diplomatic Security) 
(generally) (Repealed, but applicable to past records);
    (w) 22 U.S.C. 4831-4835 (Accountability review, accountability 
review board, procedures, findings and recommendations by a board, 
relation to other proceedings);
    (x) 44 U.S.C. 3101 (Federal Records Act of 1950, Sec. 506(a) as 
amended--applicable to past records);
    (y) Executive Order 10450 (Security requirements for government 
employment);
    (z) Executive Order 12107, Title 5 (Relating to the Civil Service 
Commission and Labor-Management in the Federal Service);
    (aa) Executive Order 12958 and its predecessor orders (National 
security information);
    (bb) Executive Order 12968 (Access to classified information);
    (cc) 22 CFR Subchapter M (International Traffic in Arms--applicable 
to past records);
    (dd) 40 U.S.C. Chapter 10 (Federal Property and Administrative 
Services Act (1949));
    (ee) 31 U.S.C. (Tax Code);
    (ff) Pub. L. 99-399, 8/27/86; (Omnibus Diplomatic Security and 
Antiterrorism Act of 1986, as amended);
    (gg) Pub. L. 99-529, 10/24/86 (Special Foreign Assistance Act of 
1986, concerns Haiti--applicable to past records);
    (hh) Pub. L. 100-124, Section 155a (concerns special security 
program for Department employees responsible for security at certain 
posts--applicable to past records);
    (ii) Pub. L. 100-202, 12/22/87 (Appropriations for Departments of 
Commerce, Justice, and State--applicable to past records);
    (jj) Pub. L. 100-461, 10/1/88 (Foreign Operations, Export 
Financing, and Related Programs Appropriations Act);
    (kk) Pub. L. 102-138, 10/28/91 (Foreign Relations Authorization 
Act, Fiscal Years 1992 and 1993)--applicable to past records.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Investigatory material relating to any category of individual 
described above, including case files containing items such as 
applications for passports and employment, photographs, fingerprints, 
birth certificates, credit checks, intelligence reports, security 
evaluations and clearances, other agency reports and informant reports; 
legal case pleadings and files; evidence materials collected during 
investigations; security violation files; training reports; weapons 
assignment data base; availability for special protective assignments; 
intelligence reports; counterintelligence material; counterterrorism 
material; internal Departmental memoranda; internal personnel, fiscal, 
and other administrative documents. Additionally, security files 
contain information needed to provide protective services for the 
Secretary of State and visiting foreign dignitaries; and to protect the 
Department's official facilities. There are also information copies of 
investigations of individuals conducted abroad on behalf of other 
Federal agencies.
    Finally, security files contain documents and reports furnished to 
the Department by other agencies concerning individuals whose 
activities the other agencies believe may have a bearing on U.S. 
foreign policy interests.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    The information in the Security Records is used by:
    (a) Appropriate committees of the Congress in furtherance of their 
respective oversight functions;
    (b) Department of Treasury; U.S. Office of Personnel Management; 
Agency for International Development; U.S. Information Agency; 
Department of Commerce; Peace Corps; Arms Control and Disarmament 
Agency; U.S. Secret Service; Immigration and Naturalization Service; 
Department of Defense; Central Intelligence Agency; Department of 
Justice; Federal Bureau of Investigation; National Security Agency; 
Drug Enforcement Administration; and other Federal agencies inquiring 
pursuant to law or Executive Order in order to make a determination of 
general suitability for employment or retention in employment, to grant 
a contract or issue a license, grant, or security clearance;
    (c) Any Federal, state, municipal, or foreign law enforcement 
agency for law enforcement purposes: threat alerts and analyses, 
protective intelligence and counterintelligence information as needed 
by appropriate agencies of the Federal government, states, 
municipalities, or foreign governments;
    (d) Any other agency or Department of the Federal government 
pursuant to statutory intelligence responsibilities or other lawful 
purposes;
    (e) Any other agency or Department of the Executive Branch having 
oversight or review authority with regard to its investigative 
responsibilities;
    (f) A federal, state, local, or foreign agency or other public 
authority that investigates, prosecutes or assists in investigation, 
prosecution or violation of criminal law; enforces, implements or 
assists in enforcement or implementation of statute, rule, regulation 
or order;
    (g) A federal, state, local or foreign agency or other public 
authority or professional organization maintaining civil, criminal, and 
other relevant enforcement or pertinent records such as current 
licenses; information may be given to a customer reporting agency: (a) 
In order to obtain information, relevant enforcement records or other 
pertinent records such as current licenses or (b) to obtain information 
relevant to an agency investigation, a decision concerning the hiring 
or retention of an employee or other personnel action, the issuance of 
a security clearance or the initiation of administrative, civil, or 
criminal action;

[[Page 48781]]

    (h) Officials of the Department of other government agencies in the 
letting of a contract, issuance of a license, grant or other benefit, 
and the establishment of a claim;
    (i) Any private or public source, witness, or subject from which 
information is requested in the course of a legitimate agency 
investigation or other inquiry to the extent necessary to identify an 
individual; to inform a source, witness or subject of the nature and 
purpose of the investigation or other inquiry; and to identify the 
information requested;
    (j) An attorney or other designated representative of any source, 
witness or subject described in paragraph (i) only to the extent that 
the information would be provided to that category of individual itself 
in the course of an investigation or other inquiry;
    (k) By a Federal agency following a response to its subpoena or to 
a prosecution request that such record be released for the purpose of 
its introduction to a grand jury.
    Also see ``Routine Uses'' of Prefatory Statement published in the 
Federal Register.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Hard copy, microfilm, microfiche, tape recordings, electronic media 
and photographs.

RETRIEVABILITY:
    The system is accessed by individual name, personal identifier or 
case number; but the files may be grouped for the convenience of the 
user by type, country code, group name, subject, contract number, 
weapons serial number, or building pass number.

SAFEGUARDS:
    All employees of the Department of State have undergone a thorough 
personnel security background investigation. Access to the Department 
of State building and its annexes is controlled by security guards, and 
admission is limited to those individuals possessing a valid 
identification card or individuals under proper escort. Access to Annex 
10 also has security access controls (code entrances) and/or security 
alarm systems. All records containing personal information are 
maintained in secured file cabinets or in restricted areas, access to 
which is limited to authorized personnel. Access to computerized files 
is password-protected and under the direct supervision of the system 
manager. The system manager has the capability of printing audit trails 
of access from the computer media, thereby permitting regular ad hoc 
monitoring of computer usage.

RETENTION AND DISPOSAL:
    Retention of those records varies depending upon the specific kind 
of record involved. The records are retired or destroyed in accordance 
with published schedules of the Department of State and as approved by 
the National Archives and Records Administration. More specific 
information may be obtained by writing to the Director, Office of IRM 
Programs and Services (A/RPS/IPS), Room 1239, Department of State, 2201 
C Street, NW, Washington, DC 20520-1512.

SYSTEM MANAGERS AND ADDRESS:
    Principal Deputy Assistant Secretary for Diplomatic Security and 
Director for the Diplomatic Security Service; Department of State; SA-
10; 8th Floor; 2121 Virginia Avenue, NW; Washington, DC 20522-1003.

NOTIFICATION PROCEDURE:
    Individuals who have reason to believe that the Bureau of 
Diplomatic Security may have security/investigative records pertaining 
to themselves should write to the Director; Office of IRM Programs and 
Services; Room 1239; Department of State; 2201 C Street, NW; 
Washington, DC 20520-1512. The individual must specify that he/she 
wishes the Security Records to be checked. At a minimum, the individual 
must include: Name; date and place of birth; current mailing address 
and zip code; signature; and a brief description of the circumstances 
which may have caused the creation of the record.

RECORD ACCESS AND AMENDMENT PROCEDURES:
    Individuals who wish to gain access to or amend records pertaining 
to themselves should write to the Director; Office of IRM Programs and 
Services (address above).

RECORD SOURCE CATEGORIES:
    These records contain information obtained from the individual; 
persons having knowledge of the individual; persons having knowledge of 
incidents or other matters of investigative interest to the Department; 
other U.S. law enforcement agencies and court systems; pertinent 
records of other Federal, state, or local agencies or foreign 
governments; pertinent records of private firms or organizations; the 
intelligence community; and other public sources. The records also 
contain information obtained from interviews, review of records, and 
other authorized investigative techniques.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    Records originated by another agency when that agency has 
determined that the record is exempt under 5 U.S.C. 552a(j). Also, 
records contained within this system of records are exempted from 5 
U.S.C. 552a(c)(3) and (4), (d), (e)(1), (2), (3), and (e)(4)(G), (H), 
and (I), and (f) to the extent they meet the criteria of section (j)(2) 
of the Act. See 22 CFR 171.32.

[FR Doc. 98-24381 Filed 9-10-98; 8:45 am]
BILLING CODE 4710-05-M