Privacy Act; System of Records: Passport Records, State-26, 15653-15657 [2015-06691]

Agencies

• DEPARTMENT OF STATE

[Federal Register Volume 80, Number 56 (Tuesday, March 24, 2015)]
[Notices]
[Pages 15653-15657]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06691]


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DEPARTMENT OF STATE

[Public Notice: 9068]


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

SUMMARY: Notice is hereby given that the Department of State proposes 
to amend an existing system of records, Passport Records, State-26, 
pursuant to the provisions of the Privacy Act of 1974, as amended (5 
U.S.C. 552a) and Office of Management and Budget Circular No. A-130, 
Appendix I.

DATES: This system of records will be effective on May 4, 2015, 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 20522-8100.

FOR FURTHER INFORMATION CONTACT: John Hackett, Acting Director; Office 
of Information Programs and Services, A/GIS/IPS; Department of State, 
SA-2; 515 22nd Street NW., Washington, DC 20522-8100, or at 
Privacy@state.gov.

SUPPLEMENTARY INFORMATION: The Department of State proposes that the 
current system retain the name ``Passport Records'' (previously 
published at 76 FR 39466). The information maintained in the Passport 
Services records is used to establish the U.S. nationality and identity 
of persons for a variety of legal purposes including, but not limited 
to, the adjudication of passport applications and requests for related 
services, social security benefits, employment applications, estate 
settlements, and Federal and state law enforcement and counterterrorism 
purposes. The proposed system will include modifications to the 
following sections: Categories of Individuals, Routine Uses, 
Retrievability, Notification Procedure, Record Access and Amendment 
Procedures, and administrative updates.
    The Department's report was filed with the Office of Management and

[[Page 15654]]

Budget. The amended system description, ``Passport Records, State-26,'' 
will read as set forth below.

Joyce A. Barr,
Assistant Secretary for Administration, U.S. Department of State.
STATE-26

SYSTEM NAME:
    Passport Records.

SECURITY CLASSIFICATION:
    Classified and Unclassified.

SYSTEM LOCATION:
    Department of State, Passport Services, Vital Records Section, 
44132 Mercure Cir, PO Box 1213, Sterling, VA 20166-1213.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Records are maintained in the Passport Records system about 
individuals who:
    (a) Have applied for the issuance, amendment, extension, or renewal 
of U.S. passport books and passport cards;
    (b) Were issued U.S. passport books or cards, or had passports 
amended, extended, renewed, limited, revoked, or denied;
    (c) Applied to document the birth of a U.S. citizen born abroad;
    (d) Were issued a Consular Report of Birth Abroad of U.S. citizens 
or for whom Certifications (s) of Birth have been issued;
    (e) Were born in and/or died in the former Panama Canal Zone prior 
to October 1979;
    (f) Registered at U.S. diplomatic or consular posts as U.S. 
citizens living or traveling abroad prior to 1990;
    (g) Were issued Cards of Registration and Identity as U.S. 
citizens;
    (h) Were issued Certificates of Loss of Nationality of the United 
States by the Department of State;
    (i) Applied at U.S. diplomatic or consular posts for issuance of 
Certificates of Witness to marriage and individuals who have been 
issued Certificates of Witness to Marriage prior to 1989;
    (j) Deceased individuals for whom a Report of Death of a U.S. 
Citizen Abroad has been obtained;
    (k) Although U.S. citizens, are not or may not be entitled under 
relevant passport laws and regulations to the issuance or possession of 
U.S. passport books, cards, or other documentation nor service(s);
    (l) Have previous passport records that must be reviewed before 
further action can be taken on their passport application or request 
for other consular services;
    (m) Requested their own or another's passport records under FOIA or 
Privacy Act, whether successfully or not; or
    (n) Have corresponded with Passport Services concerning various 
aspects of the issuance or denial of a specific applicant's U.S. 
passport books or cards.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Passport Services maintains U.S. passport records for passports 
issued from 1925 to present, as well as vital records related to births 
abroad, deaths, and witnesses to marriage overseas. The passport 
records system does not maintain evidence of travel such as entrance/
exit stamps, visas, or residence permits, since this information is 
entered into the passport book after it is issued. The passport records 
system includes the following categories of records:
    (a) Passport books and passport cards (``passports''), applications 
for passports, and applications for additional visa pages, amendments, 
extensions, replacements, and/or renewals of passports (including all 
information and materials submitted as part of or with all such 
applications);
    (b) Applications for registration at U.S. diplomatic and consular 
posts as U.S. citizens or for issuance of Cards of Identity and 
Registration as U.S. citizens;
    (c) Consular Reports of Birth Aboard of United States citizens;
    (d) Panama Canal Zone birth and death certificates;
    (e) Certificates of Witness to Marriage;
    (f) Certificates of Loss of United States Nationality;
    (g) Oaths of Repatriation;
    (h) Consular Certificates of Repatriation;
    (i) Reports of Death of a U.S. Citizen Abroad;
    (j) Cards of Identity and Registration as U.S. citizens;
    (k) Lookout files which identify those persons whose applications 
for a consular or related services required other than routine 
examination or action;
    (l) Lost, Stolen or Revoked passport status; and
    (m) Miscellaneous materials, which are documents and/or records 
maintained separately, if not in the application, including but not 
limited to the following types of documents:
     Investigatory reports compiled in connection with granting 
or denying passport and related services or prosecuting violations of 
passport criminal statutes;
     Transcripts and opinions on administrative hearings, 
appeals, and civil actions in federal courts;
     Legal briefs, memoranda, judicial orders and opinions 
arising from administrative determinations relating to passports and 
citizenship;
     Birth and baptismal certificates;
     Copies of state-issued driver's licenses and identity 
cards;
     Court orders;
     Arrest warrants;
     Medical, personal and financial reports;
     Affidavits;
     Inter-agency and intra-agency memoranda, telegrams, 
letters and other miscellaneous correspondence;
     An electronic index of all passport application records 
created since 1978, and/or
     An electronic index of Department of State Reports of 
Birth of U.S. Citizens Abroad, and Consular Reports of Death Abroad.

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

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

ROUTINE USES OF RECORDS MAINTAINED IN SYSTEM, INCLUDING CATEGORIES OF 
USERS AND PURPOSES OF SUCH USES:
    The principal users of this information outside the Department of 
State include the following users:
    (a) Department of Homeland Security for border patrol, screening, 
and security purposes; law enforcement, counterterrorism, and fraud 
prevention activities; for verification of passport validity to support 
employment eligibility and identity corroboration for public and 
private employment through E-verify, and for assisting U.S. state or 
territory driver's licensing or identification issuing authorities

[[Page 15655]]

seeking to confirm the authenticity of the U.S. passport when it is 
presented as evidence of identity, nationality, and/or lawful status to 
acquire a driver's license or identification card;
    (b) Department of Justice, including the Federal Bureau of 
Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, 
the U.S. Marshals Services, and other components, for law enforcement, 
counterterrorism, firearms sales and purchases in accordance with 18 
U.S.C. 922, border security, fraud prevention, and criminal and civil 
litigation activities;
    (c) Internal Revenue Service for the mailing and permanent 
addresses of specifically identified taxpayers in connection with 
pending actions to collect taxes accrued, examinations, and/or other 
tax-related assessment and collection activities; and an annual 
transmission of certain data from applications of those U.S. citizens 
residing abroad consistent with applicable requirements of 26 U.S.C. 
6039E;
    (d) INTERPOL and other international organizations for law 
enforcement, counterterrorism, fraud prevention, and criminal 
activities related to lost and stolen passports;
    (e) National Counterterrorism Center to support strategic 
operational planning and counterterrorism intelligence activities;
    (f) Office of Personnel Management (OPM), other federal agencies, 
or contracted outside entities to support the investigations OPM, other 
federal agencies and contractor personnel conduct for the federal 
government in connection with verification of employment eligibility 
and/or the issuance of a security clearance;
    (g) Social Security Administration to support employment-
eligibility verification for public and private employers and for 
support in verification of social security numbers used in processing 
U.S. passport applications;
    (h) Federal law enforcement and intelligence agencies to support 
their efforts in identifying, verifying identity, and investigating 
individuals potentially involved in or associated with criminal or 
terrorist activities and individuals with other ties or connections to 
terrorism who may pose a threat to the United States;
    (i) Federal, state, local or other agencies having information on 
an individual's history, nationality, or identity, to the extent 
necessary to obtain information from these agencies relevant to 
adjudicating an application for a passport or related service, or where 
there is reason to believe that an individual has applied for or is in 
possession of a U.S. passport fraudulently or has violated the law;
    (j) Federal, state, local or other agencies for use in legal 
proceedings, as government counsel deems appropriate, in accordance 
with any understanding reached by the agency with the U.S. Department 
of State;
    (k) Department of Defense for the purpose of responding to 
inquiries from U.S. military installations concerning the current 
status of diplomatic, official, or no-fee regular passport applications 
of Department of Defense personnel and eligible family members;
    (l) Immediate family when the information is necessary as a result 
of a serious and emergency situation, and for the benefit of the 
subject;
    (m) Private U.S. citizen ``wardens'' designated by U.S. embassies 
and consulates to serve, primarily in emergency and evacuation 
situations, as channels of communication with other U.S. citizens in 
the local community;
    (n) Attorneys representing an individual in administrative or 
judicial passport proceedings when the individual to whom the 
information pertains is the client of the attorney making the request;
    (o) Members of Congress, at the request of the individual to whom 
the record pertains;
    (p) Contractor personnel conducting data entry, scanning, 
corrections, and modifications on behalf of an agency and for a purpose 
otherwise covered by this Notice;
    (q) Commercial vendors conducting applicant identity verification 
against commercial databases upon request of the Department of State;
    (r) Foreign governments, to permit such governments to fulfill 
passport control and immigration duties and their own law enforcement, 
counterterrorism, and fraud prevention functions, and to support U.S. 
law enforcement, counterterrorism, and fraud prevention activities;
    (s) U.S. state vital records issuing authorities for the purpose of 
confirming or validating a U.S. passport when it is presented as 
evidence to acquire certified copies of vital records;
    (t) The National Association for Public Health Statistics and 
Information Systems for the purpose of verifying a Consular Report of 
Birth Abroad presented as evidence of nationality and/or lawful status 
when acquiring a driver's license or identification card at a U.S. 
state or territory driver's licensing or identification issuing 
authority; and
    (u) Government agencies other than the ones listed above that have 
statutory or other lawful authority to maintain such information may 
also receive access on a need-to-know basis; however, all information 
is made available to users only for a previously-established routine 
use.
    The Department of State periodically publishes in the Federal 
Register its standard routine uses that apply to all of its Privacy Act 
systems of records. These notices appear in the form of a Prefatory 
Statement. These standard routine uses apply to the Passport Records, 
State-26.

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

RETRIEVABILITY:
    By individual name, date and place of birth, social security 
number, passport book or passport card number.

SAFEGUARDS:
    All users are given cyber security awareness training which covers 
the procedures for handling Sensitive but Unclassified information, 
including personally identifiable information (PII). Annual refresher 
training is mandatory. In addition, all Foreign Service and Civil 
Service employees and those Locally Employed Staff (LES) who handle PII 
are required to take the Foreign Service Institute distance learning 
course instructing employees on privacy and security requirements, 
including the rules of behavior for handling PII and the potential 
consequences if it is handled improperly. Before being granted access 
to Passport Records a user must first be granted access to the 
Department of State computer system.
    Remote access to the Department of State network from non-
Department owned systems is authorized only to unclassified systems and 
only through a Department-approved access program. Remote access to the 
network is configured with the Office of Management and Budget 
Memorandum M-07-16 security requirements, which include but are not 
limited to two-factor authentication and a 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 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

[[Page 15656]]

personnel. Access to computerized files is password-protected and under 
the direct supervision of the system manager. The system manager has 
the capability of printing audit trails of access from the computer 
media, thereby permitting regular and ad hoc monitoring of computer 
usage. When it is determined that a user no longer needs access, the 
user account is disabled.

RETENTION AND DISPOSAL:
    Retention of these records varies depending upon the specific 
record involved. They are retired or destroyed in accordance with 
published record schedules of the Department of State and as approved 
by the National Archives and Records Administration. More specific 
information may be obtained by writing to the Director, Office of 
Information Programs and Services, A/GIS/IPS, SA-2, Department of 
State, 515 22nd Street NW., Washington, DC 20522-8100.

SYSTEM MANAGER AND ADDRESS:
    Deputy Assistant Secretary of State for Passport Services, 600 19th 
Street NW., Fourth Floor, Washington, DC 20431.

NOTIFICATION PROCEDURE:
    An individual seeking to determine whether Passport Services 
maintains records must submit a signed and notarized written request or 
a written declaration signed and dated under penalty of perjury 
pursuant to 28 U.S.C. 1746 and include all pertinent facts associated 
with the occasion or justification for the request, along with a copy 
of both sides of the requester's valid government issued photo 
identification. Only the subject, a parent, authorized legal 
representative, or legal guardian may request notification of whether 
the system of records contains a record pertaining to the subject. The 
following information must be included in the request:

    (a) General Background Information
     Date of request
     Purpose/Justification for request
     Document requested
     Number of documents requested
     Current mailing address, daytime telephone number, email 
address
     Each parent's name
     Each parent's date and place (state/country) of birth
    (b) Previous Passport Information (if known)
     Date of issuance
     Passport number
     Date of inclusion (If applicable, and if passport was 
issued in another name but included the subject)
    (c) Current Passport Information
     Name of bearer
     Date of issuance
     Passport number (if known)

    A request to search Passport Records, STATE-26, will be treated 
also as a request to search Overseas Citizens Services Records, STATE-
05, when it pertains to registration, citizenship, birth, or death 
records transferred from STATE-05 to STATE-26. Requests should be 
mailed to the following address: U.S. Department of State, Office of 
Law Enforcement Liaison Division, CA/PPT/S/L/LE, 44132 Mercure Circle, 
P.O. Box 1227, Sterling, VA 20166-1227. Responses to such requests will 
consist of a letter indicating that the records that exist in the 
passport records system. Additional information regarding applicable 
fees, third-party requests, certified copies, and frequently asked 
questions is available at https://www.travel.state.gov/passport/services/copies/copies.

RECORD ACCESS AND AMENDMENT PROCEDURES:
    Individuals who wish to gain access to or amend records pertaining 
to themselves or their minor children should write to the appropriate 
address listed below. There are several ways individuals may gain 
access to or amend passport records pertaining to themselves or their 
minor children. First, individuals may request access to records in 
their name and the records of their minor children under the Privacy 
Act of 1974, 5 U.S.C. 552a. Alternatively, third parties may request 
access to records under the guidelines of the Freedom of Information 
Act, 5 U.S.C. 552. Additionally, individuals may request access to 
their passport and/or vital records through the applicable Passport 
Office request process, as described below. Access may be granted to 
third parties to the extent provided for under applicable laws and 
regulations. Please refer to https://www.travel.state.gov for detailed 
information regarding applicable fees, third-party requests of 
certified copies, and frequently asked questions. The appropriate 
methods by which passport records and vital records may be requested 
are as follows:
    I. Privacy Act of 1974 and Freedom of Information Act.
    Under the Privacy Act of 1974, individuals have the right to 
request access to their records at no charge, and to request that the 
Department of State amend any such records that they believe are not 
accurate, relevant, timely or complete, 5 U.S.C. 552a(d)(2) . 
Additionally, third parties may request passport and vital records 
information from 1925 to the present, within the guidelines of the 
Privacy Act and the Freedom of Information Act, 5 U.S.C. 552. Written 
requests for access to or amendment of records must comply with the 
Department's regulations published at 22 CFR part 171.
    Please see 22 CFR 171 for a complete list of requirements for a 
request for access to records. In accordance with 22 CFR part 171, 
amendment requests must include the following information:
    (a) A verification of personal identity (including full name, 
current address, and date and place of birth), either notarized or 
signed and dated under penalty of perjury pursuant to 28 U.S.C. 1746;
    (b) Any additional information if it would be needed to locate the 
record at issue;
    (c) A description of the specific correction requested;
    (d) An explanation of why the existing record is not accurate, 
relevant, timely or complete; and
    (e) Any available documents, arguments or other data to support the 
request.
    Requests for Passport Records under the Privacy Act and/or the 
Freedom of Information Act must be made in writing to the following 
office: U.S. Department of State, Office of Law Enforcement Liaison 
Division, CA/PPT/S/L/LE, 44132 Mercure Circle, P.O. Box 1227, Sterling, 
VA 20166-1227.
    II. Access to Records through the Passport Office Requests Process
    A. Passport Records
    1. 1925 to the Present
    An individual seeking Passport Records must submit a signed and 
notarized written request or a written declaration signed and dated 
under penalty of perjury pursuant to 28 U.S.C. 1746 and include all 
pertinent facts associated with the occasion or justification for 
request, along with a copy of both sides of the requester's valid 
government-issued photo identification. Only the subject, a parent or 
guardian of a minor child, or authorized representative or designee, or 
law enforcement authority may request for notification of whether the 
system of records contains a record pertaining to the subject. The 
following information must be included in the request (Please refer to 
22 CFR 171 for a complete list of requirements):

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

[[Page 15657]]

    Previous Passport Information (if known)
     Date of issuance
     Passport number
     Date of inclusion (and, if applicable, whether passport 
was issued in another name but included the requestor)
    Current Passport Information
     Name of bearer
     Date of issuance
     Passport number (if known)

    All requests for passport records issued from 1925 to the present 
should be submitted to the following address: U.S. Department of State, 
Office of Law Enforcement Liaison Division, CA/PPT/S/L/LE, 44132 
Mercure Circle, P.O. Box 1227, Sterling, VA 20166-1227.

    2. Prior to 1925
    The National Archives and Records Administration maintains records 
for passport issuances prior to 1925, which may be requested by writing 
to the following address: National Archives and Records Administration, 
Archives 1, Reference Branch, 8th & Pennsylvania Ave. NW., Washington 
DC 20408-0002.
    B. Vital Records--Consular Reports of Birth Abroad, Consular 
Reports of Death Abroad, Certificate of Witness to Marriage, Panama 
Canal Zone Birth and Death Certificates, and Certification of No Record
    An individual seeking Passport Records must submit a signed and 
notarized written request or a written declaration signed and dated 
under penalty of perjury pursuant to 28 U.S.C. 1746 and include all 
pertinent facts associated with the occasion or justification for 
request, along with a copy of both sides of the requester's valid 
government issued photo identification. Only the subject, a parent or 
guardian of a minor child, or authorized representative or designee, 
may request for notification of whether the system of records contains 
a record pertaining to him/her. The following information must be 
included in the request (Please refer to 22 CFR part 171 for a complete 
list of requirements):

    General Background Information
     Date of request
     Purpose of request
     Document Requested (Consular Reports of Birth Abroad, 
Consular Report of Death Abroad, Certificate of Witness of Marriage 
(prior to 1985), Panama Canal Zone birth or death certificate, or 
Certification of No Record).
     Number of documents requested
     Current mailing address and daytime telephone number
    Facts of Birth, Death, or Marriage
     Name (at birth/death/marriage)
     Name after adoption (if applicable)
     Country of birth/death/marriage
     Each parent's full name and date and place (state/country) 
or birth
    Previous Passport Information (if known)
     Passport used to first enter the United States (if 
applicable).
     Name of bearer
     Date of issuance
     Passport number
     Date of inclusion (if applicable, and if passport was 
issued in another name but included the subject)
    Current Passport Information
     Name of bearer
     Date of issuance
     Passport number (if known)

    If requesting an amendment or correction to a Consular Report of 
Birth Abroad, please include certified copies of all documents 
appropriate for effecting the change (i.e., foreign birth certificate, 
marriage certificate, court-ordered adoption or name change, birth 
certificates of adopting or legitimating parents, etc.) If the subject 
has reached the age of majority, only the subject can request the 
record be amended or corrected. The original or replacement FS-240, or 
a notarized affidavit concerning its whereabouts also must be included.
    All requests for consular vital records through the Passport Office 
request process should be mailed to the following address: Department 
of State, Passport Services, Vital Records Section, 44132 Mercure Cir, 
PO Box 1213, Sterling, VA 20166-1213.

Contesting Record Procedures:
    See above.

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

System Exempted from Certain provisions of the Act:
    Pursuant to 5 U.S.C. 552a (k)(1), (k)(2), and (k)(3), certain 
records contained within this system of records may be exempt from 
subsections 5 U.S.C. 552a (c)(3), (d), (e)(1); (e)(4)(G), (e)(4)(H), 
(e)(4)(I) and (f).

[FR Doc. 2015-06691 Filed 3-23-15; 8:45 am]
BILLING CODE 4710-06-P