[Federal Register Volume 67, Number 88 (Tuesday, May 7, 2002)]
[Notices]
[Pages 30753-30756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11165]


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DEPARTMENT OF STATE

[Public Notice 4010]


Privacy Act of 1974, as Amended: Altered Systems of Records

    Notice is hereby given that the Department of State proposes to 
alter three systems of records, STATE-02, STATE-11 and STATE-20 
pursuant to the provisions of the Privacy Act of 1974, as amended (5 
U.S.C. 552a(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 April 25, 2002.
    It is proposed that due to the expanded scope of the current 
systems, the altered system descriptions will include revisions and/or 
additions to all sections except the system name. Changes to the 
existing system descriptions are proposed in order to reflect more 
accurately the Office of the Legal Adviser's record-keeping systems and 
a reorganization of activities and operations. Any persons interested 
in commenting on the altered systems of records may do so by submitting 
comments in writing to Margaret Peppe; Chief, Programs and Policies 
Division; Office of IRM Programs and Services; A/RPS/IPS/PP; U.S. 
Department of State, SA-2; Washington, DC 20522-6001. These systems 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 descriptions, ``Board of AppellateReview, STATE-
02,'' ``Extradition Records, STATE-11,'' and ``Legal Adviser Attorney 
Employment Application Records, STATE-20,'' will read as set forth 
below.

    Dated: April 25, 2002.
William A. Eaton,
Assistant Secretary for the Bureau of Administration, Department of 
State.
STATE-02

System name:
    Board of Appellate Review Records.

Security classification:
    Unclassified.

System location:
    Department of State; 2201 C Street, NW; Washington, DC 20520.

Categories of individuals covered by the system:
    Individuals whose appeal in cases involving loss of nationality or 
the revocation of a passport was decided by the Board of Appellate 
Review (Board).

Categories of records in the system:
    Correspondence between the appellant or his/her attorney and the 
Department, the appellant's passport file*, and copies of decisions 
rendered by the Board of Appellate Review.
    * These records are only held in the Board of Appellate Review 
Records, STATE-02, for the duration of the review after which they 
are returned to Passport Records, STATE-26.

[[Page 30754]]

Authority for maintenance of the system:

22 CFR part 7 (Board of Appellate Review); 22 CFR part 50 (Nationality 
Procedures); 22 CFR part 51 (Passports).
Purpose(s):
    The information collected and maintained records the actions of the 
Board of Appellate review which directly affects the citizenship and 
passports of those who appeal Department of State determinations.

Routine uses of records maintained in the system, including categories 
of users and purposes of such uses:
    The information in this system is primarily used:
     By the Board to review individual cases under appeal 
involving loss of U.S. citizenship and revocation of U.S. passport 
cases;
     By the Board for its value as a body of precedents and as 
an analysis of relevant law and regulations;
     By the Department of Justice when seeking assistance in 
determining the citizenship status and passport eligibility of an 
individual; and
     By attorneys representing the individual.
    Also see the ``Routine Uses'' Paragraph of the PrefatoryStatement 
published in the Federal Register and on our web site at 
www.foia.state.gov.

Policies and practices for storing, retrieving, accessing, retaining 
and disposing of records in the system:
Storage:
    Electronic media, hard copy.

Retrievability:
    Individual name.

Safeguards:
    All employees of the Department of State have undergone a thorough 
background security investigation. Access to the Department 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. 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 and ad 
hoc monitoring of computer usage.

Retention and disposal:
    These records will be maintained until they become inactive, at 
which time they will be retired or destroyed in accordance with 
published records 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; SA-2; Department of State; 515 22nd Street, NW; 
Washington, DC 20522-6001.

System manager(s) and address:
    Executive Director; Office of the Legal Adviser; Department of 
State; 2201 C Street, NW; Washington, DC 20520.

Notification procedure:
    Individuals who have reason to believe that the Board of Appellate 
Review might have records pertaining to themselves should write to the 
Director; Office of IRM Programs and Services; SA-2; Department of 
State; 515 22nd Street, NW; Washington, DC 20522-6001. The individual 
must specify that he/she wishes the Board of Appellate Review Records 
to be checked. At a minimum, the individual should include: name; date 
and place of birth; current mailing address and zip code; signature; a 
brief description of the circumstances that caused the creation of the 
record and the approximate dates which give the individual cause to 
believe that the Board of Appellate Review has records about him/her; 
and preferably his/her social security number.

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 primarily from the 
individual who is the subject of these records and from his/her 
passport records.

Systems exempted from certain provisions of the Act:
    Pursuant to 5 U.S.C. 552a (k)(1) and (k)(2) records in this system 
of records may be exempted from 5 U.S.C. 552a(c)(3), (d), (e)(1), 
(e)(4)(G), (H), and (I) and (f).
STATE-11

System name:
    Extradition Records.

Security classification:
    Unclassified and classified.

System location:
    Department of State; 2201 C Street, NW; Washington, DC 20520; and 
overseas at U.S. embassies, U.S. consulates-general and consulates.

Categories of individuals covered by the system:
    Individuals charged with or convicted of an extraditable crime who 
have fled from the United States and whose return is sought by state or 
federal law enforcement agencies. Individuals charged with or convicted 
of an extraditable crime who have been located in the United States and 
whose return is sought by a foreign government. Individuals charged 
with or convicted of a state or federal crime in the United States 
whose return is sought by deportation or expulsion when they have fled 
the United States for a foreign country.

Categories of records in the system:
    Dossiers documenting U.S. and foreign extradition requests of 
fugitives who are wanted for trial for, or who have been convicted of, 
crimes committed within the jurisdiction of the United States or 
foreign countries. Files may contain the following documents: 
Correspondence between the Office of the Legal Adviser and the U.S. 
Department of Justice, state and federal authorities in the U.S., 
courts of law, attorneys; copies of communications with Foreign Service 
posts serving as intermediaries in the extradition process; diplomatic 
correspondence to or from foreign governments; copies of interagency 
and intra-agency electronic communications; file and attorney notes; 
supporting documents such as copies of court records of the legal 
proceedings, including, but not limited to, charging documents such as 
complaints or indictments, warrants, judgments or conviction records, 
prosecutor and investigative affidavits, witness statements, applicable 
legal statutes; and identification information, including photos, 
fingerprints and identification numbers; committal documents, such as 
the extradition order, affidavit of waiver, legal briefs and hearing 
transcript, decision memo to the Secretary of State or to his or her 
Deputy, and the surrender warrant.

Authority for maintenance of the system:
    5 U.S.C. 301 (Management of the Department of State); 18 U.S.C. 
3181-3196 (Extradition); 22 U.S.C. 2651a (Organization of the 
Department of State); 22 U.S.C. 3904 (Foreign Relations and 
Intercourse, Functions of the Foreign Service); 22 U.S.C. 3921 
(Management of the Foreign Service); and the U.S. Constitution, Art. 
VI, sec. 2 (Supremacy of the Constitution, Laws and Treaties).

[[Page 30755]]

Purpose(s):
    The information contained in this system of records is collected 
and maintained by the Office of the Legal Adviser, Law Enforcement and 
Intelligence in the administration of its responsibility to facilitate 
U.S. and foreign requests for fugitives subject to extradition requests 
in accordance with international treaty obligations.

Routine uses of records maintained in the system, including categories 
of users and purposes of such uses:
    The information in this system is used exclusively to obtain the 
arrest and extradition of a fugitive who has committed a felony or 
extraditable crime and who is the subject of an outstanding domestic or 
foreign warrant of arrest. Extradition requests and documents are sent 
to the U.S. Embassy or U.S. Consulate resident in the appropriate 
countries for transmission to the foreign government, including the 
foreign ministry and law enforcement agencies. Extradition requests 
received by the U.S. Department of State from a foreign government are 
transmitted to the U.S. Department of Justice.
    Also see the ``Routine Uses'' Paragraph of the Prefatory Statement 
published in the Federal Register and on our web site at 
www.foia.state.gov.

Policies and practices for storing, retrieving, accessing, retaining 
and disposing of records in the system:
Storage:
    Electronic media, hard copy.

Retrievability:
    Individual name.

Safeguards:
    All employees of the Department of State have undergone a thorough 
background security investigation. Access to the Department 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. 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 and ad 
hoc monitoring of computer usage.

Retention and disposal:
    These records will be maintained until they become inactive, at 
which time they will be retired or destroyed in accordance with 
published record 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; SA-2; Department of State; 515 22nd Street, NW; 
Washington, DC 20522-6001.

System manager(s) and address:
    Assistant Legal Adviser for Law Enforcement and Intelligence, 
Office of the Legal Adviser; Room 5419; Department of State; 2201 C 
Street, NW; Washington, DC 20520.

Notification procedure:
    Individuals who have reason to believe that the Office of the Legal 
Adviser, Law Enforcement and Intelligence might have records pertaining 
to themselves should write to the Director; Office of IRM Programs and 
Services; SA-2; Department of State; 515 22nd Street, NW; Washington, 
DC 20522-6001. The individual must specify that he/she wishes the 
Extradition Records to be checked. At a minimum, the individual should 
include: name; date and place of birth; current mailing address and zip 
code; signature; and preferably his/her social security number; and a 
brief description of the circumstances that caused the creation of the 
record.

Record access and amendment procedures:
    Individuals who wish to gain access to the 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 primarily from the U.S. 
Department of Justice, federal and state law enforcement agencies, 
state and federal courts, offices of the state and federal prosecutors 
and similar foreign and diplomatic sources, and attorneys representing 
the individual.

Systems exempted from certain provisions of the Act:
    Pursuant to 5 U.S.C. 552a (k)(1) and (k)(2) records contained 
within this system of records are exempted from 5 U.S.C. 552a (c)(3), 
(d), (e)(1), (e)(4)(G), (H), and (I), and (f).
STATE-20

System name:
    Legal Adviser Attorney Employment Application Records.

Security classification:
    Unclassified.

System location:
    Department of State; 2201 C Street, NW; Washington, DC 20520.

Categories of individuals covered by the system:
    All attorney applicants for employment with the Office of the Legal 
Adviser (including unsuccessful applicants).

Categories of record in the system:
    All categories of records may include identifying information, such 
as but not limited to, name, date of birth, home address, mailing and 
e-mail addresses, social security number, and home telephone number. 
The recruitment and employment files may contain any of the following 
documents as well as related documents not otherwise stated: resumes, 
interview opinions, letters of recommendation, applicant's writing 
samples, college transcripts, academic/professional references, and 
applications for Federal employment and associated attachments.

Authority for maintenance of the system:
    5 CFR 213.3102(d)&(e)(Excepted service attorney positions); 5 CFR 
213.3202(a)(Excepted service student positions); 5 U.S.C. 301 
(Management of the Department of State); 22 U.S.C. 2581 (General 
Authority of Secretary of State); and 22 U.S.C. 2651a (Organization of 
the Department of State).

Purpose(s):
    The information contained in this system of records is collected 
and maintained by the Office of the Legal Adviser in order to fulfill 
its limited delegation of authority from the Bureau of Human Resources 
to facilitate the recruiting, processing and appointing of attorneys in 
the Office of the Legal Adviser.

Routine uses of records maintained in the system, including categories 
of users and the purpose of such uses:
    The information in the Legal Adviser Attorney Employment 
Application Records is used primarily to fill vacancies in the Office 
of the Legal Adviser. Information contained in the files is used:
     By the Bureau's Attorney Recruitment Committee and 
Executive Office Staff to screen and evaluate potential candidates;
     By the selecting official(s) for possible consideration 
and assessment; and

[[Page 30756]]

     By the Bureau of Human Resources to eventually complete 
the employment processing of selectees.
    Also see the ``Routine Uses'' paragraph of the Prefatory Statement 
published in the Federal Register and on our web site at 
www.foia.state.gov.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Electronic media and hard copy.

Retrievability:
    Individual name.

Safeguards:
    All employees of the Department of State have undergone a thorough 
background security investigation. Access to the Department of State 
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. 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 and ad hoc monitoring of computer usage.

Retention and disposal:
    These records will be maintained until they become inactive at 
which time they will be retired or destroyed in accordance with 
published records 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; Department of State; SA-2; 515 22nd Street, NW; 
Washington, DC 20522-6001.

System manager(s) and address:
    Executive Director; Office of the Legal Adviser; Department of 
State; 2201 C Street, NW; Washington, DC 20520.

Notification procedure:
    Individuals who have reason to believe that the Office of the Legal 
Adviser might have records pertaining to themselves should write to the 
Director, Office of IRM Programs and Services; Department of State; SA-
2; 515 22nd Street; NW; Washington, DC 20222-6001. The individual must 
specify that he/she wishes the Legal Adviser Attorney Employment 
Application 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 the approximate date on which he/she applied for 
employment with the Office of the Legal Adviser.

Records 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 primarily from the 
individual who is the subject of these records, the Bureau of Human 
Resources, educational institutions, the Office of the Legal Adviser, 
and the references provided by the applicant.

System exempted from certain provisions of the Privacy Act:
    Pursuant to 5 U.S.C. 552a(k)(5), certain records contained within 
this system of records are exempted from 5 U.S.C. 552a (c)(3), (d), 
(e)(1), (e)(4)(G), (H), and (I), and (f).

[FR Doc. 02-11165 Filed 5-6-02; 8:45 am]
BILLING CODE 4710-24-P