[Federal Register: January 24, 2005 (Volume 70, Number 14)]
[Notices]
[Page 3430-3433]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ja05-102]
-----------------------------------------------------------------------
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
[[Page 3433]]
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