Privacy Act of 1974; Altered System of Records

DEPARTMENT OF STATE

[Public Notice 2884]

Privacy Act of 1974; Altered System of Records

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 August 24, 1998.

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 system description will include

revisions and/or additions to each section. These changes to the

existing system description are proposed in order to reflect more

accurately the Bureau of Diplomatic Security's record-keeping system,

and a reorganization of activities and operations. Also, certain

relevant records will be removed from ``Security Access Control

Records, STATE-55'' and will become part of STATE-36. STATE-55 will be

deleted in the near future.

Any persons interested in commenting on the altered system of

records may do so by submitting comments in writing to Kenneth F.

Rossman; Acting Chief; Programs and Policies Division; Office of IRM

Programs and Services; Room 1239; Department of State; 2201 C Street,

NW; Washington, DC 20520-1512. 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, STATE-36'' will

read as set forth below.

Dated: August 24, 1998.

Patrick F. Kennedy,

Assistant Secretary for the Bureau of Administration.

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, 7943-50 Cluny

Court, Springfield, VA 22153; State Annex 10, 2121 Virginia Avenue NW,

Washington, DC 20522; State Annex-11, 2216 Gallows Road, Dunn Loring,

VA 22027; 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.

Others files include individuals issued security violations or

infrastructions; litigants in civil suits and criminal prosecutions of

interest to the Bureau of Diplomatic Security; individuals who have

Department building passes; unformed security officers; individuals

named in congressional inquires 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:

(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);

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(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) 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. 100-124, Section 155a (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.

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

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:

(a) Appropriate committees of the Congress in furtherance of their

respective oversight functions;

(b) Department of Treasury; U.S. Office of Personnel Management;

Agency for International Development; U.S. Information Agency;

Department of Commerce; Peace Corps; Arms Control and Disarmament

Agency; 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;

(c) 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;

(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, 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;

(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 may be given to a customer reporting agency: (a)

In order to obtain information, relevant enforcement records or other

pertinent records such as current licenses or (b) 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;

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(h) 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;

(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 (i) 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) 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.

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

10 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 IRM

Programs and Services (A/RPS/IPS), Room 1239, Department of State, 2201

C Street, NW, Washington, DC 20520-1512.

SYSTEM MANAGERS AND ADDRESS:

Principal Deputy Assistant Secretary for Diplomatic Security and

Director for the Diplomatic Security Service; Department of State; SA-

10; 8th Floor; 2121 Virginia Avenue, NW; Washington, DC 20522-1003.

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 IRM Programs and

Services; Room 1239; Department of State; 2201 C Street, NW;

Washington, DC 20520-1512. 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

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 IRM 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. 98-24381 Filed 9-10-98; 8:45 am]

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