[Federal Register Volume 70, Number 14 (Monday, January 24, 2005)]
[Notices]
[Pages 3430-3433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1227]


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DEPARTMENT OF STATE

[Public Notice 4958]


State-36 Security Records

    Summary: 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 November 29, 2004.
    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 altered system description will 
include revisions and/or additions to the following sections: System 
Location; Categories of Individuals covered by the System; Authority 
for Maintenance of the System; and Routine Uses of Records Maintained 
in the System, Including Categories of Users and Purposes of such Uses. 
Changes to the existing system description are proposed in order to 
reflect more accurately the Bureau of Diplomatic Security's record-
keeping system, the Authority establishing its existence and 
responsibilities, and the uses and users of the system.
    Any persons interested in commenting on the altered system of 
records may do so by submitting

[[Page 3431]]

comments in writing to Margaret P. Grafeld, Director; Office of 
Information Programs and Services; A/RPS/IPS; Department of State, SA-
2; Washington, DC 20522-6001. 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,'' will read as 
set forth below.

    Dated: November 24, 2004.
William A. Eaton,
Assistant Secretary for the Bureau of Administration, Department of 
State.

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, 7943-59 Cluny 
Court, Springfield, VA 22153; State Annex 11, 2216 Gallows Road, Cedar 
Hill, Fairfax, VA 22222; State Annexes 11A & B, 2222 Gallows Road, 
Fairfax, VA 22222; State Annex 20, 1801 North Lynn Street, Washington, 
DC 20522-2008; various field offices throughout the U.S.; 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.
    Other files include individuals issued security violations or 
infractions; litigants in civil suits and criminal prosecutions of 
interest to the Bureau of Diplomatic Security; individuals who have 
Department building passes; uniformed security officers; individuals 
named in congressional inquiries 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:
    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) 
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); (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) 
Public Law 99-399, 8/27/86; (Omnibus Diplomatic Security and 
Antiterrorism Act of 1986, as amended); (gg) Public Law 99-529, 10/24/
86 (Special Foreign Assistance Act of 1986, concerns Haiti) (applicable 
to past records); (hh) Public Law 100-124, Section 155a (concerns 
special security program for Department employees responsible for 
security at certain posts) (applicable to past records); (ii) Public 
Law 100-202, 12/22/87 (Appropriations for Departments of Commerce, 
Justice, and State) (applicable to past records); (jj) Public Law 100-
461, 10/1/88 (Foreign Operations, Export Financing, and Related 
Programs Appropriations Act); (kk) Public Law 102-138, 10/28/91 
(Foreign Relations Authorization Act, Fiscal Years 1992 and 1993) 
(applicable to past records). (ll) Public Law 107-56, 115 Stat. 272, 
10/26/2001 (USA PATRIOT Act); (Uniting and Strengthening America by 
Providing Appropriate Tools Required to Intercept and Obstruct 
Terrorism); (mm) Public Law 108-066, 117 Stat. 650, 4/30/2003 (PROTECT 
Act) (Prosecutorial Remedies and Other Tools to end the Exploitation of 
Children Today Act of 2003);

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

[[Page 3432]]

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: Department of 
State officials in the administration of their responsibilities; 
Appropriate Committees of the Congress in furtherance of their 
respective oversight functions; Department of Treasury; U.S. Office of 
Personnel Management; Agency for International Development; U.S. 
Information Agency (past records); Department of Commerce; Peace Corps; 
Arms Control and Disarmament Agency (past records); 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; 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; Any other 
agency or Department of the Federal government pursuant to statutory 
intelligence responsibilities or other lawful purposes; Any other 
agency or Department of the Executive Branch having oversight or review 
authority with regard to its investigative responsibilities; 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; 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: (1) In order 
to obtain information, relevant enforcement records or other pertinent 
records such as current licenses or (2) 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; 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; 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; An attorney or 
other designated representative of any source, witness or subject 
described in paragraph (j) of the Privacy Act 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; 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. Relevant information may be disclosed from this system to the 
news media and general public where there exists a legitimate public 
interest, e.g., to assist in the location of Federal fugitives, to 
provide notification of arrests, and where necessary for protection 
from imminent threat to life or property. 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 
20 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 
Information Programs and Services (A/RPS/IPS), SA-2, Department of 
State, Washington, DC 20522-6001.

System Manager and Address:
    Principal Deputy Assistant Secretary for Diplomatic Security and 
Director for the Diplomatic Security Service; Department of State, SA-
20, 23rd Floor, 1801 North Lynn Street, Washington, DC 20522-2008.

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 Information 
Programs and Services; A/RPS/IPS, SA-2, Department of State, 
Washington, DC 20522-6001. 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

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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 Information 
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. 05-1227 Filed 1-21-05; 8:45 am]
BILLING CODE 4710-24-P