Privacy Act; System of Records: Security Records, State-36., 77691-77694 [2015-31527]

Agencies

• DEPARTMENT OF STATE

[Federal Register Volume 80, Number 240 (Tuesday, December 15, 2015)]
[Notices]
[Pages 77691-77694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31527]


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DEPARTMENT OF STATE

[Public Notice: 9381]


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 January 25, 2016, 
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, 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 will retain the name ``Security Records'' (previously 
published at 78 FR 27276, May 9, 2013). 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 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 
and administrative updates to the following sections: Categories of 
individuals and Categories of records. Additionally, records regarding 
the Office of Foreign Missions were removed and included in a new SORN 
to provide greater transparency of their records.
    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, 
and various field and regional offices throughout the United States, 
and abroad 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; applicants 
for Department employment who are presently being investigated for 
security clearance; contractors working for the Department; interns and 
detailees to the Department; employees of other federal agencies who 
have accounts on our Department networks; 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 and

[[Page 77692]]

institutions identified in passport and visa crime investigations; 
individuals involved in unauthorized access to classified information; 
prospective alien spouses of U.S. citizen employees of the Department 
of State; individuals or groups whose activities have a potential 
bearing on the security of Departmental or Foreign Service operations, 
domestically or abroad, including those involved in criminal or 
terrorist activity; individuals and organizations who apply to be 
constituents in the exchange of security information from public-
private partnerships; and visitors to the Department of State main 
building (Harry S Truman Building), to its domestic annexes, field 
offices, missions, and to the U.S. Embassies and U.S. Consulates and 
missions overseas. Also covered are individuals issued security or 
cybersecurity violations or infractions; litigants in civil suits and 
criminal prosecutions of interest to the Bureau of Diplomatic Security; 
individuals who have Department building passes; individuals using 
Department devices or networks; 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; 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 investigative material relating to any category of 
individual described above, including case files containing items such 
as name, date and place of birth, citizenship, telephone numbers, 
addresses, physical description (including height, weight, body type, 
hair, clothing, gender, ethnicity, race, and other general and 
distinguishing physical features), accent description, identification 
media (such as passport, residency, or driver's license numbers), 
vehicle registration and vehicle information; email address, family 
identifiers (such as names of relatives and biographic information), 
employer identifiers, applications for passports and employment, 
photographs, biometric data (to include fingerprints, and 
deoxyribonucleic acid (DNA) information), birth certificates, credit 
checks, security evaluations and clearances, other agency reports and 
informant reports; legal case pleadings and files; evidence collected 
during investigations; polygraphs; network audit records, network use 
records, email, chat conversations, and text messages sent using 
Department devices or networks; social media account findings for 
individuals undergoing security investigations; security violation 
files; training reports; weapons assignment database; 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; emergency contact information for 
Department employees and contractors; Social Security number; specific 
areas and times of authorized accessibility; escort authority; status 
and level of security clearance; issuing agency and issue date; and for 
all individuals: Date and times of building entrance and exit.
    For visitors, information collected can include name, date of 
birth, citizenship, identification type, identification number, 
temporary badge number, host's name, office symbol, room number, and 
telephone number. For public-private partnerships to exchange security 
information, information collected can include name, address, telephone 
number and email address.
    Security files contain information needed to provide protective 
services for the Secretary of State and visiting and resident foreign 
officials and associated foreign official facilities, and to protect 
the Department's official facilities and information assets. 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.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    (a) 5 U.S.C. 301 (Government Organization and Employees) 
(Departmental regulations); (b) 5 U.S.C. Chapter 73 (Suitability, 
Security, and Conduct); (c) 5 U.S.C. 7531-33 (National Security); (d) 8 
U.S.C. 1104 (Enforcement of immigration and nationality laws); (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.1030 (Fraud and related activity in connection 
with computers); (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) (Repealed, but 
applicable to past records); (r) 22 U.S.C. 2709 (Special Agents); (s) 
22 U.S.C. 2712 (Authority to control certain terrorism-related 
services); (t) 22 U.S.C. 3921 (Management of the Foreign Service); (u) 
22 U.S.C. 4802 (Diplomatic Security) (Responsibility of Secretary of 
State), (v) 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. 31 (Federal 
Records Act of 1950, Sec. 506(a), as amended) (applicable to past 
records); (y) 44 U.S.C. 3541 (Federal Information Security Management); 
(z) Executive Order 10450 (Security requirements for government 
employment); (aa) Executive Order 12107 (Relating to the Civil Service 
Commission and Labor-Management in the Federal Service); (bb) Executive 
Order 13526 and its predecessor orders (National Security Information); 
(cc) Executive Order 12968 (Access to Classified Information); (dd) 
Executive Order 13587 (Security of Classified Networks and 
Information); (ee) Executive Order 13470 and its predecessor orders 
(United States Intelligence Activities); (ff) 22 CFR Subchapter M 
(International Traffic in Arms) (applicable to past records); (gg) 40 
U.S.C. Chapter 10 (Federal Property and Administrative Services Act 
(1949)); (hh) 31 U.S.C. (Internal Revenue Code); (ii) Pub. L. 99-399, 
8/27/1986 (Omnibus Diplomatic Security and Antiterrorism Act of 1986, 
as amended); (jj) Pub. L. 100-202, 12/22/1987 (Appropriations for 
Departments of Commerce, Justice, and State) (applicable to past 
records); (kk) Pub. L. 100-461, 10/1/1988 (Foreign Operations, Export 
Financing, and

[[Page 77693]]

Related Programs Appropriations Act); (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/
2004 (Homeland Security Presidential Directive); (qq) Executive Order 
13356, 8/27/2004 (Strengthening the Sharing of Terrorism Information to 
Protect Americans); (rr) Pub. L. 108-458 (Section 1016), 12/17/2004 
(Intelligence Reform and Terrorism Prevention Act of 2004; (ss) Pub. L. 
92-463: 5 U.S.C. App. (Federal Advisory Committee 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 may be used to determine general suitability for 
employment or retention in employment, 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 Security Records is used by:
    (a) Department of State officials in the administration of their 
responsibilities;
    (b) Appropriate committees of Congress in furtherance of their 
respective oversight functions;
    (c) 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, grant, or security clearance;
    (d) Any federal, state, municipal, foreign or international law 
enforcement or other relevant agency or organization as needed for 
security, law enforcement or counterterrorism purposes, such as: Threat 
alerts and analyses, protective intelligence and counterintelligence 
information, information relevant for screening purposes;
    (e) Any other agency or department of the federal government 
pursuant to statutory intelligence responsibilities or other lawful 
purposes;
    (f) Any other agency or department of the Executive Branch having 
oversight or review authority with regard to its investigative 
responsibilities;
    (g) A federal, state, local, foreign, or international agency or 
other public authority that investigates, prosecutes, or assists in 
investigation or prosecution of violation of criminal law or enforces, 
implements, or assists in enforcement or implementation of statute, 
rule, regulation, or order;
    (h) 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 consumer reporting agency:
    (1) 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;
    (i) Officials of government agencies in the letting of a contract, 
issuance of a license, grant or other benefit, and the establishment of 
a claim;
    (j) 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;
    (k) 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;
    (l) 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 or other criminal proceeding;
    (m) 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;
    (n) State, local, federal or non-governmental agencies and entities 
as needed for purposes of emergency or disaster response; and
    (o) 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 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:
    Physical and electronic media.

RETRIEVABILITY:
    By individual name, personal or biometric identifier, case number, 
badge number, and Social Security number (for other than visitors), as 
well as by each category of records in the system.

SAFEGUARDS:
    All users are given cybersecurity 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 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

[[Page 77694]]

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 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 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 these 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/GIS/IPS; SA-2; Department of 
State; 515 22nd Street NW., Washington, DC 20522-8100.

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 for 
the Harry S. Truman Building, domestic annexes, field offices and 
missions; Security Officers at respective U.S. Embassies, Consulates, 
and missions overseas.

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; 515 22nd 
Street NW., Washington, DC 20522-8100. The individual must specify that 
he/she wishes 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 Information 
Programs and Services (address above).

CONTESTING RECORD PROCEDURES:
    See 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 other 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), and (k)(5), 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).
    See 22 CFR 171.

[FR Doc. 2015-31527 Filed 12-14-15; 8:45 am]
 BILLING CODE 4710-43-P