[Federal Register Volume 69, Number 189 (Thursday, September 30, 2004)]
[Notices]
[Pages 58588-58589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21999]


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DEPARTMENT OF STATE

[Public Notice 4847]


Privacy Act of 1974 Amendment of Prefatory Statement of Routine 
Uses to Department of State Privacy Act Issuances

    Summary: Notice is hereby given that the Department of State 
proposes to amend the Prefatory Statement of Routine Uses to Department 
of State Privacy Act Issuances, 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 September 
10, 2004.
    It is proposed that the amended Prefatory Statement notify 
individuals of two additional routine uses of Privacy Act information. 
The first amendment is proposed in accordance with Homeland Security 
Presidential Directive 6 (HSPD-6) and is necessary to support the U.S. 
Government's efforts to protect against acts of terrorism. The second 
amendment authorizes disclosure of records to the Department of Justice 
for the purpose of representing the Department of State, or any of its 
officers or employees, in actual or potential litigation.
    Any persons interested in commenting on these amendments to the 
Prefatory Statement of routine uses to Department of State Privacy Act 
Issuances may do so by submitting comments in writing to Margaret P. 
Grafeld, Director; Office of Information Programs and Services; A/RPS/
IPS; U.S. Department of State, SA-2; Washington, DC 20522-6001.
    These amendments to the Prefatory Statement of Routine Uses to 
Department of State Privacy Act Issuances will be effective 40 days 
from the date of publication, unless we receive comments that result in 
a contrary determination.
    These amendments will read as set forth below.

    Dated: September 9, 2004.
William Eaton,
Assistant Secretary for the Bureau of Administration, Department of 
State.

Department of State

Prefatory Statement of Routine Uses

    The following routine uses apply to, and are incorporated by 
reference into, each system of records set forth below:

Law Enforcement

    In the event that a system of records maintained by this agency 
to carry out its functions indicates a violation or potential 
violation of law, whether civil, criminal or regulatory in nature, 
and whether arising by general statute or particular program 
statute, or by regulation, rule or order issued pursuant thereto, 
the relevant records in the system of records may be referred, as a 
routine use, to the appropriate agency, whether federal, state, 
local or foreign, charged with the responsibility of investigating 
or prosecuting such violation or charged with enforcing or 
implementing the statute, or rule, regulation or order issued 
pursuant thereto.

Routine Use Amendment 1

Terrorism and Homeland Security

    A record from the Department's systems of records may be 
disclosed to the Federal Bureau of Investigation, the Terrorist 
Threat Integration Center (TTIC), or the Terrorist Screening Center 
(TSC), and other federal agencies (such as the Department of 
Homeland Security), for the integration and use of such information 
to protect against terrorism, if that record is about one or more 
individuals known, or suspected, to be or to have been involved in 
activities constituting, in preparation for, in aid of, or related 
to terrorism. Such information may be further disseminated by FBI, 
TTIC or TSC, and the agencies participating therein, to Federal, 
State, local, territorial, tribal, and foreign government 
authorities, and to support private sector processes as contemplated 
in Homeland Security Presidential Directive/HSPD-6 and other 
relevant laws and directives, for terrorist screening, threat-
protection and other homeland security purposes.

Disclosure When Requesting Information

    A record from this system of records may be disclosed as a 
``routine use'' to a federal, state or local agency maintaining 
civil, criminal or other relevant enforcement information or other 
pertinent information, such as current licenses, if necessary to 
obtain information relevant to an agency decision concerning the 
hiring or retention of an employee, the issuance of a security 
clearance, the letting of a contract, or the issuance of a license, 
grant or other benefit.

Disclosure of Requested Information

    A record from this system of records may be disclosed to a 
federal agency, in response to its request, in connection with the 
hiring or retention of an employee, the issuance of a security 
clearance, the reporting of an investigation of an employee, the 
letting of a contract, or the issuance of a license, grant, or other 
benefit by the requesting agency, to the extent that the information 
is relevant and necessary to the requesting agency's decision on the 
matter. A record from this system of records may be disclosed to a 
federal, state, local or foreign agency as a routine use response to 
such an agency's request, where there is reason to believe that an 
individual has violated the law, whether civil, criminal or 
regulatory in nature, and whether arising by general statute or 
particular program statute, or by regulation, rule or order issued 
pursuant thereto, if necessary, and only to the extent necessary, to 
enable such agency to discharge its responsibilities of 
investigating or prosecuting such violation or its responsibilities 
with enforcing or implementing the statute, or rule, regulation or 
order issued pursuant thereto. A record from this system of records 
may be disclosed to a foreign agency as a routine response to such 
an agency's request when the information is necessary for the 
foreign agency to adjudicate and determine an individual's 
entitlement to rights and benefits, or obligations owed to the 
foreign agency, such as information necessary to establish identity 
or nationality.

Office of Management and Budget

    The information contained in this system of records will be 
disclosed to the Office of Management and Budget in connection with 
review of private relief legislation, as set forth in OMB Circular 
No. A-19, at any stage of the legislative coordination and clearance 
process as set forth in that Circular.

Members of Congress

    Disclosure may be made to a congressional office from the record 
of an individual in response to an inquiry from the Congressional 
office made at the request of that individual. Contractor 
information from

[[Page 58589]]

a system of records may be disclosed to anyone who is under contract 
to the Department of State to fulfill an agency function but only to 
the extent necessary to fulfill that function. Courts information 
from a system of records may be made available to any court of 
competent jurisdiction, whether Federal, state, local or foreign, 
when necessary for the litigation and adjudication of a case 
involving an individual who is the subject of a Departmental record.

National Archives, Government Services Administration

    A record from a system of records may be disclosed as a routine 
use to the National Archives and Records Administration and the 
General Services Administration: for records management inspections, 
surveys and studies; following transfer to a Federal records center 
for storage; and to determine whether such records have sufficient 
historical or other value to warrant accessioning into the National 
Archives of the United States.

Routine Use Amendment 2

Department of Justice

    A record may be disclosed as a routine use to any component of 
the Department of Justice, including United States Attorneys, for 
the purpose of representing the Department of State or any officer 
or employee of the Department of State in pending or potential 
litigation to which the record is pertinent.

[FR Doc. 04-21999 Filed 9-29-04; 8:45 am]
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