[Federal Register Volume 76, Number 129 (Wednesday, July 6, 2011)]
[Notices]
[Pages 39466-39470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16898]


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DEPARTMENT OF STATE

[Public Notice 7516]


Privacy Act; System of Records Notice: State-26, Passport Records

SUMMARY: Notice is hereby given that the Department of State proposes 
to amend an existing system of records, Passport Records, State-26, 
pursuant to the provisions of the Privacy Act of 1974, as amended (5 
U.S.C. 552a) and 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 June 15, 2011.
    It is proposed that the current system will retain the name 
``Passport Records.'' It is also proposed that the amended system 
description will include revisions/additions to the following sections: 
Categories of individuals; Categories of records; Routine uses; 
Retrievability; Safeguards; System manager and address; Systems 
exempted from certain provisions of the Act; and other administrative 
updates. The following sections have been added to the system of 
records, Passport Records, State-26, to ensure Privacy Act of 1974 
compliance: Purpose and Contesting Records Procedures. Any persons 
interested in commenting on the amended system of records may do so by 
writing to the Director, Office of Information Programs and Services, 
A/GIS/IPS, Department of State, SA-2, 515 22nd Street, Washington, DC 
20522-8001. 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 amended system description, ``Passport Records, State-26,'' 
will read as set forth below.

    Dated: June 16, 2011.
William H. Moser,
Deputy Assistant Secretary for Logistics Management, Bureau of 
Administration, U.S. Department of State.
STATE-26

SYSTEM NAME:
    Passport Records.

SECURITY CLASSIFICATION:
    Classified and Unclassified.

SYSTEM LOCATION:
    Department of State; Passport Services; State Annex 17; 1111 19th 
Street, NW., Washington, DC 20522-1705.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Records are maintained in the Passport Records system about 
individuals who:
    (a) Have applied for the issuance, amendment, extension, or renewal 
of U.S. passport books and passport cards;
    (b) Were issued U.S. passport books or passport cards, or had 
passports amended, extended, renewed, limited, revoked, or denied;
    (c) Have applied to have births overseas reported as births of U.S. 
citizens overseas;
    (d) Were issued a Consular Report of Birth Abroad of U.S. citizens 
or for whom Certification(s) of Birth have been issued;
    (e) Were born and/or died in the former Panama Canal Zone;
    (f) Applied at American diplomatic or consular posts for 
registration and have so registered;
    (g) Were issued Cards of Registration and Identity as U.S. 
citizens;
    (h) Were issued Certificates' of Loss of Nationality of the United 
States by the Department of State;
    (i) Applied at American diplomatic or consular posts for issuance 
of Certificates of Witness to marriage and individuals who have been 
issued Certificates of Witness to Marriage;
    (j) Deceased individuals for whom a Report of Death of an American 
Citizen Abroad has been obtained;
    (k) Although U.S. citizens, are not or may not be entitled under 
relevant passport laws and regulations to the issuance or possession of 
U.S. passport books, passport cards, or other documentation nor 
service(s);
    (l) Have previous passport records that must be reviewed before 
further action can be taken or their passport application or request 
for other consular services;
    (m) Requested their own or another's passport records under FOIA or 
Privacy Act, whether successfully or not; or
    (n) Have corresponded with Passport Services concerning various 
aspects of the issuance or denial of a specific applicant's U.S. 
passport books or passport cards.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Passport Services maintains U.S. passport records for passports 
issued from 1925 to present, as well as vital records related to births 
abroad, deaths, and witnesses to marriage abroad. The passport records 
system does not maintain evidence of travel such as entrance/exit 
stamps, visas, or residence permits, since this information is entered 
into the passport book after it is issued. The passport records system 
includes the following categories of records:
    (a) Passport books and passport cards, applications for passport 
books and passport cards, and applications for additional visa pages, 
amendments, extensions, replacements, and/or renewals of passport books 
or passport cards (including all information and materials submitted as 
part of or with all such applications, to the extent retained by the 
Department);
    (b) Applications for registration at American diplomatic and 
consular posts as U.S. citizens or for issuance of Cards of Identity 
and Registration as U.S. Citizens;
    (c) Consular Reports of Birth Abroad of United States citizens;
    (d) Panama Canal Zone birth certificates and death certificates;
    (e) Certificates of Witness to Marriage;
    (f) Certificates of Loss of United States nationality;
    (g) Oaths of Repatriation;
    (h) Consular Certificates of Repatriation;

[[Page 39467]]

    (i) Reports of Death of an American Citizen Abroad;
    (j) Cards of Identity and Registration as U.S. citizens;
    (k) Lookout files which identify those persons whose applications 
for a consular or related services required other than routine 
examination or action;
    (l) Lost, Stolen or Revoked passport status; and/or
    (m) Miscellaneous materials, which are documents and/or records 
maintained separately, if not in the application, including but not 
limited to the following types of documents:
     Investigatory reports compiled in connection with granting 
or denying passport and related services or prosecuting violations of 
passport criminal statutes;
     Transcripts and opinions on administrative hearings, 
appeals and civil actions in Federal courts;
     Legal briefs, memoranda, judicial orders and opinions 
arising from administrative determinations relating to passports and 
citizenship;
     Birth and baptismal certificates;
     Copies of state-issued driver's licenses and identity 
cards;
     Court orders;
     Arrest warrants;
     Medical, personal and financial reports;
     Affidavits;
     Inter-agency and intra-agency memoranda, telegrams, 
letters and other miscellaneous correspondence;
     An electronic index of all passport applications records 
created since 1978, and passport applications records created between 
1962 and 1978; and/or
     An electronic index of Department of State Reports of 
Birth of American Citizens abroad.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    (a) 8 U.S.C. 1401-1503 (2010) (Acquisition and Loss of U.S. 
Citizenship or U.S. Nationality; Use of U.S. Passport);
    (b) 18 U.S.C. 911, 1001, 1541-1546 (2010) (Crimes and Criminal 
Procedure);
    (c) 22 U.S.C. 211a-218, 2651a, 2705 (2010); Executive Order 11295, 
August 5, 1966, 31 FR 10603 (Authority of the Secretary of State in 
granting and issuing U.S. passports); and
    (d) 8 U.S.C. 1185 (2010) (Travel Control of Citizens).

PURPOSE(S):
    The information maintained in the Passport Services records is used 
to establish the U.S. citizenship and identity of persons for a variety 
of legal purposes including, but not limited to, the adjudication of 
passport applications and requests for related services, social 
security benefits, employment applications, estate settlements, and 
Federal and state law enforcement and counterterrorism purposes.

ROUTINE USES OF RECORDS MAINTAINED IN SYSTEM, INCLUDING CATEGORIES OF 
USERS AND PURPOSES OF SUCH USES:
    The principal users of this information outside the Department of 
State include the following users:
    (a) Department of Homeland Security for border patrol, screening, 
and security purposes; law enforcement, counterterrorism, and fraud 
prevention activities; and for verification of passport validity to 
support employment eligibility and identity corroboration for public 
and private employment;
    (b) Department of Justice, including the Federal Bureau of 
Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, 
the U.S. Marshals Services, and other components, for law enforcement, 
counterterrorism, border security, fraud prevention, and criminal and 
civil litigation activities;
    (c) Internal Revenue Service for the mailing and permanent 
addresses of specifically identified taxpayers in connection with 
pending actions to collect taxes accrued, for examinations, and/or 
other tax-related assessment and collection activities; and an annual 
transmission of certain data from the applications of those U.S. 
citizens residing abroad consistent with applicable requirements of 26 
U.S.C. Section 6039E;
    (d) INTERPOL and other international organizations for law 
enforcement, counterterrorism, fraud prevention, and criminal 
activities related to lost and stolen passports;
    (e) National Counterterrorism Center to support strategic 
operational planning and counterterrorism intelligence activities;
    (f) Office of Personnel Management (OPM), other Federal agencies, 
or contracted outside entities to support the investigations OPM, other 
Federal agencies and contractor personnel conduct for the Federal 
government in connection with verification of employment eligibility 
and/or the issuance of a security clearance;
    (g) Social Security Administration to support employment-
eligibility verification for public and private employers and for 
support in verification of social security numbers used in processing 
U.S. passport applications;
    (h) Federal law enforcement and intelligence agencies to support 
their efforts in identifying, verifying identity, and investigating 
individuals potentially involved in or associated with criminal or 
terrorist activities and individuals with other ties or connections to 
terrorism who may pose a threat to the United States;
    (i) Federal, state, local, or other agencies having information on 
an individual's history, nationality, or identity, to the extent 
necessary to obtain information from these agencies relevant to 
adjudicating an application for a passport or related service, or where 
there is reason to believe that an individual has applied for or is in 
possession of a U.S. passport fraudulently or has violated the law;
    (j) Federal, state, local or other agencies for use in legal 
proceedings as government counsel deems appropriate, in accordance with 
any understanding reached by the agency with the U.S. Department of 
State;
    (k) Public and private employers seeking to confirm the 
authenticity of the U.S. passport when it is presented as evidence of 
identity and eligibility to work in the United States;
    (l) Immediate family members when the information is required by an 
individual of the immediate family;
    (m) Private U.S. citizen ``wardens'' designated by U.S. embassies 
and consulates to serve, primarily in emergency and evacuation 
situations, as channels of communication with other U.S. citizens in 
the local community;
    (n) Attorneys representing an individual in administrative or 
judicial passport proceedings when the individual to whom the 
information pertains are the client of the attorney making the request;
    (o) Members of Congress when the information is requested on behalf 
of or at the request of the individual to whom the record pertains;
    (p) Contractor personnel conducting data entry, scanning, 
corrections, and modifications on behalf of an entity, and for a 
purpose, otherwise covered by this notice;
    (q) Commercial vendors conducting applicant identity verification 
against commercial databases upon request of the Department of State;
    (r) Foreign governments, to permit such governments to fulfill 
passport control and immigration duties and their own law enforcement, 
counterterrorism, and fraud prevention functions, and to support U.S. 
law enforcement, counterterrorism, and fraud prevention activities; and
    (s) Government agencies other than the ones listed above that have 
statutory or other lawful authority to maintain such information may 
also receive

[[Page 39468]]

access on a need-to-know basis; however, all information is made 
available to users only for a previously-established routine use.
    The Department of State periodically publishes in the Federal 
Register its standard routine uses that apply to all of its Privacy Act 
systems of records. These notices appear in the form of a Prefatory 
Statement. These standard routine uses apply to the Passport Records, 
State-26.

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

RETRIEVABILITY:
    By individual name, social security number, passport book or 
passport card number.

SAFEGUARDS:
    All users are given cyber security awareness training which covers 
the procedures for handling Sensitive but Unclassified information, 
including personally identifiable information (PII). Annual refresher 
training is mandatory. In addition, all Foreign Service and Civil 
Service employees and those Locally Engaged Staff (LES) who handle PII 
are required to take the FSI distance learning course instructing 
employees on privacy and security requirements, including the rules of 
behavior for handling PII and the potential consequences if it is 
handled improperly. Before being granted access to, Passport Records a 
user must first be granted access to the Department of State computer 
system.
    Remote access to the Department of State network from non-
Department owned systems is authorized only through a Department-
approved access program. Remote access to the network is configured 
with the Office of Management and Budget Memorandum M-07-16 security 
requirements, which include but are not limited to two-factor 
authentication and time out function.
    All Department of State employees and contractors with authorized 
access have undergone a thorough background security investigation. 
Access to the Department of State, its annexes and posts abroad is 
controlled by security guards and admission is limited to those 
individuals possessing a valid identification card or individuals under 
proper escort. All paper records containing personal information are 
maintained in secured file cabinets 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.
    When it is determined that a user no longer needs access, the user 
account is disabled.

RETENTION AND DISPOSAL:
    Retention of these records varies depending upon the specific 
record involved. They are 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 
Information Programs and Services; A/GIS/IPS; SA-2; Department of 
State; 515 22nd Street, NW., Washington, DC 20522-8100.

SYSTEM MANAGER AND ADDRESS:
    Deputy Assistant Secretary of State for Passport Services; Room 
6811; Department of State; 2201 C Street, NW., Washington DC 20520-
4818.

NOTIFICATION PROCEDURE:
    An individual seeking to determine whether Passport Services 
maintains records must submit a signed and notarized written request 
including all pertinent facts associated with the occasion or 
justification for the request, along with a copy of the requester's 
valid photo identification. Only the subject, a parent of a minor, or 
legal guardian may request notification of whether the system of 
records contains a record pertaining to the subject. The following 
information must be included in the request:
    (a) General Background Information
     Date of request
     Purpose/justification for request
     Document requested
     Number of documents requested
     Current mailing address, daytime telephone number, and e-
mail address
     Each parent's name
     Each parent's date and place (state/country) of birth
    (b) Previous Passport Information (If Known)
     Date of issuance
     Passport number
     Date of inclusion (passport issued in another name but 
included you)
    (c) Current Passport Information
     Name of bearer
     Date of issuance
     Passport number (if known)

    A request to search Passport Records, State-26, will be treated 
also as a request to search Overseas Citizens Services Records, State-
05, when it pertains to passport, registration, citizenship, birth, or 
death records transferred from State-05 to State-26. Requests should be 
mailed to the following address: Department of State; Passport 
Services; Office of Law Enforcement Liaison Division; Room 500; 1111 
19th Street NW., Washington, DC 20523-1705. Responses to such requests 
will consist of a letter indicating the records that exist in the 
passport records system. Additional information regarding applicable 
fees, third-party requests, certified copies, and frequently asked 
questions is available at http://www.travel.state.gov/passport/services/copies/copies_872.html.

RECORD ACCESS AND AMENDMENT PROCEDURES:
    Individuals who wish to gain access to or amend records pertaining 
to themselves or their minor children should write to the appropriate 
address listed below. There are several ways individuals may gain 
access to or amend passport records pertaining to themselves or their 
minor children. First, individuals may request access to records in 
their name and the records of any minor children under the Privacy Act 
of 1974, 5 U.S.C. 552a (2010). Alternatively, third parties may request 
access to records under the guidelines of the Freedom of Information 
Act, 5 U.S.C. 552 (2010). Additionally, individuals may request access 
to their passport and/or vital records through the applicable Passport 
Office request process, as described below. Access may be granted to 
third parties to the extent provided under applicable laws and 
regulations. Please refer to http://www.travel.state.gov for detailed 
information regarding applicable fees, third-party requests certified 
copies and frequently asked questions. The appropriate methods by which 
passport records and vital records may be requested are as follows:

I. Privacy Act of 1974 and Freedom of Information Act
    Under the Privacy Act of 1974, individuals have the right to 
request access to their records at no charge, and to request that the 
Department of State amend any such records that they believe are not 
accurate, relevant, timely or complete, 5 U.S.C. 552a(d)(2) (2010). 
Additionally, third parties may request passport and vital records 
information from 1925 to the present, within the guidelines of the 
Privacy Act and/or the Freedom of Information Act, 5 U.S.C. 552 (2010). 
Written requests for access to or amendment of records must comply with 
the Department's

[[Page 39469]]

regulations published at 22 CFR part 171 (2010).
    In accordance with 22 CFR 171.32 and 171.33, amendment requests 
must include the following information:
    (a) Verification of personal identity (including full name, current 
address, and date and place of birth), either notarized or submitted 
under penalty of perjury;
    (b) Any additional information if it would be needed to locate the 
record at issue;
    (c) A description of the specific correction requested;
    (d) An explanation of why the existing record is not accurate, 
relevant, timely or complete; and
    (e) Any available documents, arguments or other data to support the 
request.
    Requests under the Privacy Act and/or the Freedom of Information 
Act must be made in writing to the following office: Director; Office 
of Information Programs and Services; U.S. Department of State; SA-2; 
Room 8100; 515 22nd Street, NW., Washington, DC 20522-8100.

II. Access to Records Through the Passport Office Requests Process
A. Passport Records
1. 1925 to the Present
    An individual seeking Passport Records must submit a signed and 
notarized written request including all pertinent facts associated with 
the occasion or justification for request, along with a copy of the 
requester's valid photo identification. Only the subject, a parent (if 
the subject is a minor), legal representative, or law enforcement 
authority may request for notification of whether the system of records 
contains a record pertaining to the subject. The following information 
must be included in the request:

General Background Information
     Date of request
     Purpose/Justification for request
     Document requested
     Number of documents requested
     Current mailing address, daytime telephone number, and e-
mail address
     Each parent's name
     Each parent's date and place (state/country) of birth

Previous Passport Information (if known)
     Date of issuance
     Passport number
     Date of inclusion (passport issued in another name but 
included you)

Current Passport Information
     Name of bearer
     Date of issuance
     Passport number (if known)

    All requests for passport records issued from 1925 to the present 
should be submitted to the following address: Department of State; 
Passport Services; Law Enforcement Liaison Division; Room 500; 1111 
19th Street, NW., Washington, DC 20522-1705.

2. Prior to 1925
    The National Archives and Records Administration maintains records 
for passport issuances prior to 1925, which may be requested by writing 
to the following address: National Archives and Records Administration; 
Archives 1; Reference Branch; 8th & Pennsylvania Ave., NW., Washington, 
DC 20408-0002.

B. Vital Records--Certificates of Birth Abroad, Report of Death, 
Certificate of Witness to Marriage, Panama Canal Zone birth and death 
certificates, and Certification of No Record
    An individual seeking Passport Records must submit a signed and 
notarized written request including all pertinent facts associated with 
the occasion or justification for request, along with a copy of the 
requester's valid photo identification. Only the subject, a parent of a 
minor, or legal representative may request for notification of whether 
the system of records contains a record pertaining to him/her. The 
following information must be included in the request:

General Background Information
     Date of request
     Purpose of request
     Document Requested (Certificate of Birth, Report of Death, 
Certificate of Witness of Marriage (prior to 1985), PCZ birth or death 
certificate, or Certification of No Record).
     Number of documents requested
     Current mailing address and daytime telephone number

Facts of Birth, Death, or Marriage
     Name (at birth/death/marriage)
     Name after adoption (if applicable)
     Country of birth/death/marriage
     Each parent's full name and date and place (state/country) 
of birth

Previous Passport Information (If Known)
     Passport used to first enter the United States (if 
applicable).
     Name of bearer
     Date of issuance
     Passport number
     Date of inclusion (if applicable, and if passport was not 
issued to the subject)

Current Passport Information
     Name of bearer
     Date of issuance
     Passport number (if known)

    If requesting an amendment or correction to a Consular Report of 
Birth Aboard, please include certified copies of all documents 
appropriate for effecting the change (i.e., foreign birth certificate, 
marriage certificate, court ordered adoption or name change, birth 
certificates of adopting or legitimating parents, etc.). If the subject 
has reached majority, only the subject can request the record be 
amended or corrected. The original or replacement FS-240, or a 
notarized affidavit concerning its whereabouts also must be included.
    All requests for vital records through the Passport Office Request 
Process should be mailed to the following address: U.S. Department of 
State; Passport Services; Vital Records Section; 1111 19th Street, NW., 
Suite 510, Washington, DC 20522-1705.

CONTESTING RECORD PROCEDURES:
    See above.

RECORD SOURCE CATEGORIES:
    These records contain information obtained primarily from the 
individual who is the subject of these records; law enforcement 
agencies; investigative intelligence sources, investigative security 
sources and officials of foreign governments.

SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    Certain records contained within this system of records may be 
exempt from the requirements of the Privacy Act for reasons including 
when it is necessary to:
    (a) Protect material required to be kept secret in the interest of 
national defense and security and foreign policy;
    (b) Prevent individuals who are the subject of investigation from 
frustrating the investigatory process, to ensure the proper functioning 
and integrity of law enforcement activities, to prevent disclosure of 
investigative techniques, to maintain the confidence of foreign 
governments in the integrity of the procedures under which privileged 
or confidential information may be provided, and to fulfill commitments 
made to sources to protect their identities and the confidentiality of 
information and to avoid endangering these sources and law enforcement 
personnel; or
    (c) Preclude impairment of the Department's effective performance 
in carrying out its lawful protective responsibilities under 18 U.S.C. 
3056 and 22 U.S.C. 4802.
    Records meeting any of the above criteria are exempt from the 
following subsections of 5 U.S.C. 552a(c)(3), (d),

[[Page 39470]]

(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I) and (f) 2007). See 22 CFR 
171.36(b)(1), (b)(2), and (b)(3) (2007).
[FR Doc. 2011-16898 Filed 7-5-11; 8:45 am]
BILLING CODE 4710-24-P