State-36 Security Records, 3430-3433 [05-1227]
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Federal Register / Vol. 70, No. 14 / Monday, January 24, 2005 / Notices
appropriate to achieve the program’s
goals.
5. Follow-on and Alumni Activities:
Proposals should provide a plan for
continued follow-on activity (both with
and without Bureau support) ensuring
that the Humphrey Fellowship year is
not an isolated event. Activities should
include tracking and maintaining
updated lists of all alumni and
facilitating follow-up activities for
alumni.
6. Project Evaluation: Proposals
should include a plan and methodology
to evaluate the Humphrey Program’s
degree of success in meeting program
objectives, both as the activities unfold
and at their conclusion. Draft survey
questionnaires or other technique plus
description of methodologies to use to
link outcomes to original project
objectives are recommended. Successful
applicants will be expected to submit
intermediate reports after each project
component is concluded, or quarterly,
whichever is less frequent.
7. Cost-effectiveness and Cost
Sharing: The overhead and
administrative components of the
proposal, including salaries and
honoraria, should be kept as low as
possible. All other items should be
necessary and appropriate. Proposals
should maximize cost-sharing through
other private sector support as well as
institutional direct funding
contributions.
VI. Award Administration Information
VI.1a. Award Notices
Final awards cannot be made until
funds have been appropriated by
Congress, allocated and committed
through internal Bureau procedures.
Successful applicants will receive an
Assistance Award Document (AAD)
from the Bureau’s Grants Office. The
AAD and the original grant proposal
with subsequent modifications (if
applicable) shall be the only binding
authorizing document between the
recipient and the U.S. Government. The
AAD will be signed by an authorized
Grants Officer, and mailed to the
recipient’s responsible officer identified
in the application.
Unsuccessful applicants will receive
notification of the results of the
application review from the ECA
program office coordinating this
competition.
VI.2. Administrative and National
Policy Requirements
Terms and Conditions for the
Administration of ECA agreements
include the following:
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Office of Management and Budget
Circular A–122, ‘‘Cost Principles for
Nonprofit Organizations.’’
Office of Management and Budget
Circular A–21, ‘‘Cost Principles for
Educational Institutions.’’
OMB Circular A–87, ‘‘Cost Principles
for State, Local and Indian
Governments’’.
OMB Circular No. A–110 (Revised),
Uniform Administrative Requirements
for Grants and Agreements with
Institutions of Higher Education,
Hospitals, and other Nonprofit
Organizations.
OMB Circular No. A–102, Uniform
Administrative Requirements for
Grants-in-Aid to State and Local
Governments.
OMB Circular No. A–133, Audits of
States, Local Government, and Nonprofit Organizations
Please reference the following Web
sites for additional information:
https://www.whitehouse.gov/omb/grants.
https://exchanges.state.gov/education/
grantsdiv/terms.htm#articleI.
VI.3. Reporting Requirements
You must provide ECA with a hard
copy original plus one copy of the
following reports:
Quarterly financial reports; Annual
program reports for the first and second
year of the agreement; and final program
and financial report no more than 90
days after the expiration of the award.
Grantees will be required to provide
reports analyzing their evaluation
findings to the Bureau in their regular
program reports. (Please refer to IV.
Application and Submission
Instructions (IV.3.d.3) above for Program
Monitoring and Evaluation information.
All data collected, including survey
responses and contact information, must
be maintained for a minimum of three
years and provided to the Bureau upon
request.
All reports must be sent to the ECA
Grants Officer and ECA Program Officer
listed in the final assistance award
document.
VII. Agency Contacts
For questions about this
announcement, contact: Michelle
Johnson, Office of Global Educational
Programs, ECA/A/S/U, Room 349, U.S.
Department of State, SA–44, 301 4th
Street, SW., Washington, DC 20547,
telephone: 202–205–8434, fax 202–401–
1433, JohnsonML3@state.gov.
All correspondence with the Bureau
concerning this RFGP should reference
the title and number ECA/A/S/U–06–01.
Please read the complete Federal
Register announcement before sending
inquiries or submitting proposals. Once
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the RFGP deadline has passed, Bureau
staff may not discuss this competition
with applicants until the proposal
review process has been completed.
Notice: The terms and conditions
published in this RFGP are binding and
may not be modified by any Bureau
representative. Explanatory information
provided by the Bureau that contradicts
published language will not be binding.
Issuance of the RFGP does not
constitute an award commitment on the
part of the Government. The Bureau
reserves the right to reduce, revise, or
increase proposal budgets in accordance
with the needs of the program and the
availability of funds. Awards made will
be subject to periodic reporting and
evaluation requirements per section VI.3
above.
Dated: January 17, 2005.
C. Miller Crouch,
Principal Deputy Assistant Secretary, Bureau
of Educational and Cultural Affairs,
Department of State.
[FR Doc. 05–1229 Filed 1–21–05; 8:45 am]
BILLING CODE 4710–05–P
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
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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.
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.
Dated: November 24, 2004.
William A. Eaton,
Assistant Secretary for the Bureau of
Administration, Department of State.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
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
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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 InterestDefinitions); (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
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3431
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 LaborManagement 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
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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
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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
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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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Federal Register / Vol. 70, No. 14 / Monday, January 24, 2005 / Notices
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
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Agency Information Collection
Activities: Submission for OMB Review
Federal Highway
Administration (FHWA), DOT.
ACTION: Notice and request for
comments.
AGENCY:
SUMMARY: The FHWA has forwarded the
information collection requests
described in this notice to the Office of
Management and Budget (OMB) for
review and approval. We published a
Federal Register Notice with a 60-day
public comment period on these
information collections on August 6,
2004 (69 FR 47978) and on November 5,
2004 (69 FR 64623). We are required to
publish this notice in the Federal
Register by the Paperwork Reduction
Act of 1995.
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Jkt 205001
Please submit comments by
February 23, 2005.
ADDRESSES: You may send comments to
the Office of Information and Regulatory
Affairs, Office of Management and
Budget, 725 17th Street, NW.,
Washington, DC 20503, Attention: DOT
Desk Officer. You are asked to comment
on any aspect of these information
collections, including: (1) Whether the
proposed collections are necessary for
the FHWA’s performance; (2) the
accuracy of the estimated burdens;
(3) ways for the FHWA to enhance the
quality, usefulness, and clarity of the
collected information; and (4) ways that
the burdens could be minimized,
including the use of electronic
technology, without reducing the
quality of the collected information.
SUPPLEMENTARY INFORMATION:
1. Title: FHWA Highway Design
Handbook For Older Drivers and
Pedestrians Workshop Participants’
Feedback Survey.
Abstract: The FHWA published a
revised handbook, ‘‘Guidelines and
Recommendations to Accommodate
Older Drivers and Pedestrians,’’ in 2001
that documents new research findings
and technical developments that
occurred since the 1998 publication of
the ‘‘Older Driver Highway Design
Handbook, Recommendation and
Guidelines.’’ The revised handbook
provides practitioners with information
that links the characteristics of the older
driver road user to highway design and
operations, and to traffic engineering
recommendations, by addressing
specific roadway features. In 1998, the
FHWA began conducting workshops for
highway designers, traffic engineers,
and highway safety specialists involved
in the design and operations of highway
facilities in order to familiarize
practitioners with the recommendations
and guidelines presented in the
handbook.
The FHWA plans to continue to
survey past and future workshop
participants. The survey results will be
used to determine if recommendations
and guidelines presented to
practitioners in the workshops are being
used in new and redesigned highway
facilities to accommodate the needs and
functional limitations of an aging
population of road users. The survey is
also needed to gauge the success of the
workshop presentations in imparting
information and to determine if
adjustments should be considered for
future workshops.
Respondents: Approximately 125
participants in past workshops,
including highway designers, highway
DATES:
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3433
engineers, highway safety specialists,
and future workshop participants.
Frequency: This survey of participants
will be conducted annually. The survey
will be mailed, and for those
participants with known e-mail
addresses, the survey will be
administered electronically to reduce
completion time.
Estimated Total Annual Burden
Hours: The FHWA estimates that each
respondent will complete the survey in
approximately 10 minutes. Annual
surveys to approximately 125
respondents are estimated to total 21
burden hours.
FOR FURTHER INFORMATION CONTACT:
Shirley Thompson, 202–366–2154,
Department of Transportation, Federal
Highway Administration, Office of
Safety, 400 Seventh Street, SW.,
Washington, DC 20590. Office hours are
from 7:30 a.m. to 5 p.m., Monday
through Friday, except Federal holidays.
2. Title: Customer Satisfaction
Surveys.
Abstract: Executive Order 12862,
‘‘Setting Customer Service Standards’’
requires Federal agencies to provide the
highest quality service to their
customers by identifying them and
determining what they think about the
services and products they have
received. The planned surveys covered
in this request for renewal of a generic
clearance will provide the FHWA a
means to gather feedback directly from
our customers. The information
obtained from the surveys will be used
to assist the FHWA in evaluating our
service delivery and processes. The
responses to the surveys will be
voluntary and will not involve
information that is required by
regulations. There will be no direct
costs to the respondents other than their
time. The FHWA provides an electronic
means for responding to the majority of
the surveys via the World Wide Web.
Respondents: For all 34 surveys, there
will be approximately 52,614
respondents, including State and local
governments, highway industry
organizations and the general public.
Frequency: A total of 34 agency-wide
customer satisfaction surveys are
planned over the next 3 years. The
survey frequency varies from one-time
to annually.
Estimated Total Annual Burden
Hours: The estimated burden hours per
response will vary with each survey. A
few of the surveys will require
approximately 30 minutes each to
complete; however, the majority of them
will take from 5 to 20 minutes each. We
estimate a total of 10,700 annual burden
hours for all of the surveys.
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Agencies
[Federal Register Volume 70, Number 14 (Monday, January 24, 2005)]
[Notices]
[Pages 3430-3433]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-1227]
-----------------------------------------------------------------------
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