[Federal Register Volume 78, Number 90 (Thursday, May 9, 2013)]
[Notices]
[Pages 27276-27279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11094]
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DEPARTMENT OF STATE
[Public Notice 8314]
Privacy Act; System of Records: Security Records, State-36
SUMMARY: Notice is hereby given that the Department of State proposes
to amend an existing system of records, Security Records, State-36,
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.
DATES: This system of records will be effective on June 18, 2013,
unless we receive comments that will result in a contrary
determination.
ADDRESSES: 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 NW., Washington, DC 20522-8001.
FOR FURTHER INFORMATION CONTACT: Director; Office of Information
Programs and Services, A/GIS/IPS; Department of State, SA-2; 515 22nd
Street NW., Washington, DC 20522-8001.
SUPPLEMENTARY INFORMATION: The Department of State proposes that the
current system retain the name ``Security Records'' (previously
published as 72 FR 73057). The records maintained in State-36, Security
Records, capture data related to incidents and threats affecting U.S.
Government personnel, U.S. Government information, or U.S. Government
facilities world-wide for a variety of legal purposes including Federal
and state law enforcement and counterterrorism purposes. The
information maintained in Security Records may also be used to
determine general suitability for employment or retention in
employment, to grant a contract or issue a license, grant, or security
clearance. The proposed system will include modifications to all of the
sections.
The Department's report was filed with the Office of Management and
Budget. The amended system description, ``Security Records, State-36,''
will read as set forth below.
Joyce A. Barr,
Assistant Secretary for Administration, U.S. Department of State.
STATE--36
System Name:
Security Records.
Security Classification:
Unclassified and Classified.
System Location:
Department of State and its annexes, Bureau of Diplomatic Security,
various field and regional offices throughout the United States, and
abroad at some U.S. embassies and U.S. consulates.
Categories of Individuals Covered by the System:
Present and former employees of the Department of State; applicants
for
[[Page 27277]]
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
Department of State premises who have undergone or are undergoing
security clearance; foreign mission members, international organization
employees, domestic and household members to include private servants,
and other foreign government personnel and their dependents accredited
to the United States; 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 U.S. personnel of
the Department of State; individuals or groups whose activities have a
potential bearing on the security of Department or Foreign Service
operations domestic and abroad including those involved in criminal or
terrorist activity; suspects, victims, or witnesses associated with
investigations into possible unlawful activity conducted by the Bureau
of Diplomatic Security; visitors to the Department of State (the Harry
S Truman Building), to its domestic annexes, field offices, missions,
and to the U.S. embassies, consulates and missions abroad; and all
other individuals requiring access to official Department of State
premises who have undergone or are undergoing a security clearance.
Other files include individuals issued security violations or
infractions or cyber security violations or cyber security 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 on behalf of other Federal agencies; and
individuals whose activities other agencies believe may have a bearing
on U.S. foreign policy interests.
Categories of Records in the System:
Incident and investigatory material relating to any category of
individual described above, including case files containing but not
limited to items such as: general physical description (including
height, weight, body type, hair, clothing, accent description, and
other general and distinguishing physical features); identification
media (such as passports, residency, or driver's license information);
email address; family identifiers (such as names of relatives and
biographic information); numeric identifiers (such as Social Security
numbers (SSNs), Employee ID numbers, State Global ID numbers (SGID));
applications for passports, drivers' licenses, residency and
employment; photographs; biometric data; 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; administrative files related to the
implementation of the Foreign Missions Act, provision of services and
benefits; administrative files related to the notification of
appointment, termination of appointment and dependent employment
requests for foreign missions members, employees of international
organizations, domestic and household members to include private
servants, and other foreign government personnel and their dependents
accredited to the United States (elements of this category of records
are maintained also by the Department's Office of the Chief of
Protocol); weapons assignment data base; firing proficiency and other
security-related testing scores; availability for special protective
assignments; language proficiency scores; intelligence reports;
counterintelligence material; counterterrorism material; internal
Departmental memoranda; internal personnel, fiscal, and other
administrative documents, including employee applications for
diplomatic passports and visas. For visitors: Name; date of birth;
citizenship; ID type and ID number; temporary badge number; host's
name; office symbol; room number, and telephone number. For all others:
Name; date and place of birth; home address; employer and employer's
address; badge number; home, cellular, and office telephone numbers;
SSN; specific areas and times of authorized accessibility; escort
authority; status and level of security clearance; issuing agency and
issuance date. For all individuals: Date and times of entering and
exiting Department buildings. Security files contain information needed
to provide protective services for the Secretary of State, other
designated U.S. officials, resident foreign officials and facilities,
and visiting foreign dignitaries.
There are also information copies of investigations of individuals
conducted abroad on behalf of other Federal Agencies. Security files
also contain documents and reports furnished to the Department by other
Federal Agencies concerning individuals whose activities these agencies
believe may have a bearing on U.S. foreign policy interests.
Authority for Maintenance of the System:
(a) 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) 8 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 (Diplomatic Security), 22 U.S.C.
4804(3)(D) (Responsibilities of Assistant Secretary for Diplomatic
Security) (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
[[Page 27278]]
(Security requirements for government employment); (z) Executive Order
12107(Relating to the Civil Service Commission and Labor-Management in
the Federal Service); (aa) Executive Order 13526 and its predecessor
orders (Classified 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. (Internal Rev Code); (ff) Pub. L. 99-399, 8/27/
86; (Omnibus Diplomatic Security and Antiterrorism Act of 1986, as
amended); (gg) Pub. L. 99-529, 10/24/86 (Special Foreign Assistance Act
of 1986, concerns Haiti) (applicable to past records); (hh) Pub. L.
100-204, Section 155, 12/22/87 (concerns special security program for
Department employees responsible for security at certain posts)
(applicable to past records); (ii) Pub. L. 100-202, 12/22/87
(Appropriations for Departments of Commerce, Justice, and State)
(applicable to past records); (jj) Pub. L. 100-461, 10/1/88 (Foreign
Operations, Export Financing, and Related Programs Appropriations Act);
(kk) Pub. L. 102-138, 10/28/91 (Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993) (applicable to past records); (ll) Pub. L.
107-56, 10/26/2001 (USA PATRIOT Act-Uniting and Strengthening America
by Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism); (mm) Pub. L. 108-21, 4/30/2003 (PROTECT Act-Prosecutorial
Remedies and Other Tools to End the Exploitation of Children Today Act
of 2003); (nn) Executive Order 12356 (National Security Information)
(applicable to past records); (oo) Executive Order 9397 (Numbering
System for Federal Accounts Relating to Individual Persons); (pp) HSPD-
12, 8/27/04 (Homeland Security Presidential Directive); (qq) Executive
Order 13356, 8/27/04 (Strengthening the Sharing of Terrorism
Information to Protect Americans); (rr) P.L. 108-458 (Sect. 1016), 12/
17/04 (Intelligence Reform and Terrorism Prevention Act of 2004); (ss)
22 U.S.C. 254 (Diplomatic Relations Act); and (tt) 22 U.S.C. 4301 et
seq. (Foreign Missions Act).
Purpose(s):
The records maintained in State-36, Security Records, capture data
related to incidents and threats affecting U.S. Government personnel,
U.S. Government information, or U.S. Government facilities world-wide
for a variety of legal purposes including Federal and state law
enforcement and counterterrorism purposes. The information maintained
in Security Records can also be used to determine general suitability
for employment or retention in employment, and to grant a contract or
issue a license, grant, or security clearance.
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:
(a) Appropriate Congressional Committees in furtherance of their
respective oversight functions;
(b) Department of Treasury; U.S. Office of Personnel Management;
Agency for International Development; Department of Commerce; Peace
Corps; Department of Defense; Central Intelligence Agency; Department
of Justice; Department of Homeland Security; National Counter Terrorism
Center; 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, or grant a security clearance;
(c) Any Federal, state, municipal, foreign or international law
enforcement or other relevant agency or organization for law
enforcement or counterterrorism purposes: threat alerts and analyses,
protective intelligence and counterintelligence information,
information relevant for screening purposes, and other law enforcement
and terrorism-related information as needed by appropriate agencies of
the Federal government, states, or municipalities, or foreign or
international governments or agencies;
(d) Any other agency or department of the Federal Government
pursuant to statutory intelligence responsibilities or other lawful
purposes;
(e) Any other agency or department of the Executive Branch having
oversight or review authority with regard to its investigative
responsibilities;
(f) A Federal, state, local, foreign, or international agency or
other public authority that investigates, prosecutes or assists in
investigation, prosecution or violation of criminal law or enforces,
implements or assists in enforcement or implementation of statute,
rule, regulation or order;
(g) 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 can 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;
(h) Officials of government agencies in the letting of a contract,
issuance of a license, grant or other benefit, and the establishment of
a claim;
(i) 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;
(j) 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;
(k) 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;
(l) Relevant information may be disclosed from this system to the
news media and general public in furtherance of a legitimate law
enforcement or public safety function as determined by the Department,
e.g., to assist in the location of Federal fugitives, to provide
notification of arrests, to provide alerts, assessments or similar
information on potential threats to life, health or property, or to
keep the public appropriately informed of other law enforcement or
Department matters or other matters of legitimate public interest where
disclosure could not reasonably be expected to constitute an
unwarranted invasion of personal privacy and could not reasonably be
expected to prejudice the outcome of a pending or future trial;
(m) State, local, Federal or non-governmental agencies and entities
as needed for purposes of emergency or disaster response; and
(n) U.S. Government agencies within the framework of the National
Suspicious Activity Report (SAR) Initiative (NSI) regarding foreign
intelligence and terrorist threats managed by the Department of
Justice.
The Department of State periodically publishes in the Federal
Register its
[[Page 27279]]
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 Security Records, State-36.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and disposing of Records in the System:
Storage:
Hard copy, physical and electronic media.
Retrievability:
The system is accessed by individual name or other personal
identifiers.
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 who handle PII are
required to take the Foreign Service Institute (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 Security Records, a user must first be granted access to the
Department of State computer system, and user access is not granted
until a background investigation has been completed.
Remote access to the Department of State network from non-
Department owned systems is authorized only to unclassified systems and
only through a Department-approved access program. Remote access to the
unclassified 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 the records varies depending upon the specific kind of
record involved. The records are 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 Information Programs and Services (A/GIS/IPS), SA-2, Department of
State, Washington, DC 20522-8100.
System Manager and Address:
For records in the decentralized security records system: Principal
Deputy Assistant Secretary for Diplomatic Security and Director,
Diplomatic Security Service; Department of State, SA-20, 23rd Floor,
1801 North Lynn Street, Washington, DC 20522-2008 for the Harry S
Truman Building, domestic annexes, field offices and missions; Security
Officers at respective U.S. embassies, consulates, and missions abroad.
For records under the jurisdiction of the Office of Foreign Missions
(OFM): Deputy Assistant Secretary and OFM Deputy Director, Harry S
Truman Building, 2201 C Street NW., Washington, DC 20520.
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/GIS/IPS, SA-2, Department of State,
Washington, DC 20522-8100. 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 of the circumstances
that 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:
Any exempt records from other agencies' systems of records that are
recompiled into this system are also considered exempt to the extent
they are claimed as such in the original systems.
Pursuant to 5 U.S.C. 552a(j)(2), records in this system may be
exempted from subsections (c)(3) and (4), (d), (e)(1), (2), (3), and
(e)(4)(G), (H), and (I), and (f) of the Privacy Act. Pursuant to 5
U.S.C. 552a(k)(1), (k)(2), (k)(3), (k)(4), (k)(5), and (k)(6), records
in this system may be exempted from subsections (c)(3), (d)(1), (d)(2),
(d)(3), (d)(4), (d)(5), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I),
(f)(1), (f)(2), (f)(3), (f)(4), and (f)(5).
[FR Doc. 2013-11094 Filed 5-8-13; 8:45 am]
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