Privacy Act of 1974; System of Records, 28058-28062 [2018-12872]
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Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Notices
DEPARTMENT OF STATE
[Public Notice 10450]
Privacy Act of 1974; System of
Records
Department of State.
Notice of a modified system of
AGENCY:
ACTION:
records.
This system of records,
Security Records, captures 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,
counterterrorism purposes, and
administrative security functions.
DATES: This system of records notice is
effective upon publication, with the
exception of the new or modified
routine uses (b), (c), (d), (e), (m), (n), (p),
(q), (r), (s), (t), and (u) that are subject
to a 30-day period during which
interested persons may submit
comments to the Department. Please
submit any comments by July 16, 2018.
ADDRESSES: Questions can be submitted
by mail or email. If mail, please write to:
U.S. Department of State; Office of
Global Information Systems, Privacy
Staff; A/GIS/PRV; SA–2, Suite 8100;
Washington, DC 20522–0208. If email,
please address the email to the Senior
Agency Official for Privacy, Mary R.
Avery, at Privacy@state.gov or call (202)
663–2215. Please write ‘‘Security
Records, State-36’’ on the envelope or
the subject line of your email.
FOR FURTHER INFORMATION CONTACT:
Mary R. Avery, Senior Agency Official
for Privacy; U.S. Department of State;
Office of Global Information Services,
A/GIS/PRV; SA–2, Suite 8100;
Washington, DC 20522–0208; at
Privacy@state.gov, or (202) 663–2215.
SUPPLEMENTARY INFORMATION: In
accordance with the Privacy Act of
1974, the Department of State proposes
to consolidate two record systems:
Security Records, State-36 (previously
published at 80 FR 77691) and Identity
Management System, State-72
(previously published at 71 FR 62653)
under Security Records, State-36. These
two systems are being merged because
the records and system purposes are
substantially related. This notice
modifies the following sections of State36, Security Records: System Location;
Authority for Maintenance of the
System; Purposes of the System;
Categories of Individuals Covered by the
System; Categories of Records in the
System; Routine Uses of Records
Maintained in the System, including
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SUMMARY:
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categories of users and purposes of such
uses; Policies and Practices for Storage
of Records; Policies and Practices for
Retention and Disposal of Records; and
Administrative, Technical, and Physical
safeguards. In addition, this notice
makes administrative updates to the
following sections: Policies and
Procedures for Retrieval of Records,
Record Access Procedures, Notification
Procedures, and History. These changes
reflect the incorporation of State-72 into
State-36, the Department’s move to
cloud storage, new OMB guidance,
expanded authorities and routine uses
for these records, updated contact
information, and a notice publication
history.
SYSTEM NAME AND NUMBER
State-36, Security Records.
SECURITY CLASSIFICATION:
Unclassified and Classified.
SYSTEM LOCATION:
Department of State, located at 2201
C Street NW, Washington, DC 20520,
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. Within a government
certified cloud provided, implemented,
and overseen by the Department’s
Enterprise Server Operations Center
(ESOC), 2201 C Street NW, Washington,
DC 20520.
SYSTEM MANAGER(S):
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. The Principal
Deputy Assistant Secretary for
Diplomatic Security can be reached at
(571) 345–3815.
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
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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.
2708 (Department of State Rewards
Program); (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
(Administration by Secretary of State);
(v) 22 U.S.C. 4802 (Diplomatic Security)
(Responsibility of Secretary of State),
(w) 22 U.S.C. 4804(3)(D)
(Responsibilities of Assistant Secretary
for Diplomatic Security) (Repealed, but
applicable to past records); (x) 22 U.S.C.
4831–4835 (Accountability review,
accountability review board,
procedures, findings and
recommendations by a board, relation to
other proceedings); (y) 22 U.S.C. Sec.
4807 (Establishment of Visa and
Passport Security Program in the
Department of State) (z) 44 U.S.C. 31
(Federal Records Act of 1950, Sec.
506(a), as amended) (applicable to past
records); (aa) 44 U.S.C. 3541 (Federal
Information Security Management); (bb)
Executive Order 10450 (Security
requirements for government
employment) (revoked but applicable to
past records) and its successor orders;
(cc) Executive Order 12107 (Relating to
the Civil Service Commission and
Labor-Management in the Federal
Service); (dd) Executive Order 13526
and its predecessor orders (Classified
National Security Information); (ee)
Executive Order 12968, as amended
(Access to Classified Information); (ff)
Executive Order 13587 (Structural
Reforms to Improve the Security of
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Classified Networks and Information);
(gg) Executive Order 12333, as
amended, and its predecessor orders
(United States Intelligence Activities);
(hh) Executive Order 13467, as amended
(Reforming Processes Related to
Suitability for Government
Employment, Fitness, for Contractor
Employees, and Eligibility for Access to
Classified National Security
Information); (ii) 22 CFR Subchapter M
(International Traffic in Arms)
(applicable to past records); (jj) 40
U.S.C. Chapter 10 (Federal Property and
Administrative Services Act (1949));
(kk) 31 U.S.C. (Internal Revenue Code);
(ll) Public Law 99–399, 8/27/1986
(Omnibus Diplomatic Security and
Antiterrorism Act of 1986, as amended);
(mm) Public Law 100–202, 12/22/1987
(Appropriations for Departments of
Commerce, Justice, and State)
(applicable to past records); (nn) Public
Law 100–461, 10/1/1988 (Foreign
Operations, Export Financing, and
Related Programs Appropriations Act);
(oo) Public Law 104–347, sec. 203
(Electronic Government Act); (pp)
Public Law 107–56, 10/26/2001 (USA
PATRIOT Act—Uniting and
Strengthening America by Providing
Appropriate Tools Required to Intercept
and Obstruct Terrorism); (qq) Public
Law 108–21, 4/30/2003 (PROTECT
Act—Prosecutorial Remedies and Other
Tools to End the Exploitation of
Children Today Act of 2003); (rr)
Executive Order 12356 (National
Security Information) (applicable to past
records); (ss) Executive Order 9397
(Numbering System for Federal
Accounts Relating to Individual
Persons); (tt) Homeland Security
Presidential Directive (HSPD–12)
(Policy for a Common Identification
Standard for Federal Employees and
Contractors, 8/27/2004; (uu) Executive
Order 13356 (Strengthening the Sharing
of Terrorism Information to Protect
Americans); (vv) Public Law 108–458
(Sect.1016), 12/17/2004 (Intelligence
Reform and Terrorism Prevention Act of
2004; (ww) Public Law 92–463: 5 U.S.C.
App. (Federal Advisory Committee Act);
(xx) E.O. 12829, National Industrial
Security Program; (yy) PDD/NSC–12
Security Awareness and Reporting
Foreign Contacts; (yy) Security
Executive Agent Directive 3 (Reporting
Requirements for Personnel with Access
to Classified Information or Who Hold
a Sensitive Position); (zz) Security
Executive Agent Directive 4 (National
Security Adjudicative Guidelines); (aaa)
Security Executive Agent Directive 5
(Social Media in Background
Investigations).
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PURPOSE(S) OF THE SYSTEM:
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, state, and international 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, national security
eligibility, security clearance, or
Department credential (including PIV
card).
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Present and former employees of the
Department of State; U.S. Agency for
International Development (AID), and
Peace Corps employees; applicants for
Department employment who are
presently undergoing a background
investigation; individuals
communicating on publicly available
social media with employees or
applicants undergoing a background
investigation; contractors working for
the Department; interns and detailees to
the Department; employees of other
federal agencies who have accounts on
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
institutions identified in passport and
visa crime investigations; individuals
and institutions identified in
investigations regarding identity theft or
document fraud affecting or relating to
the programs, functions or authorities of
the Department of State; individuals
identified in investigations of Federal
offenses committed within the special
maritime and territorial jurisdiction of
the United States; 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 publicprivate partnerships; and visitors to the
Department of State main building
(Harry S Truman Building), to its
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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; individuals who
participate in Department rewards
programs; and individuals whose
activities other agencies believe may
have a bearing on U.S. foreign policy
interests. The Privacy Act defines an
individual at 5 U.S.C. 552a(a)(2) as a
United States citizen or lawful
permanent resident.
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),
medical records, 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, national security eligibility
determinations, fitness determinations,
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
communications and/or findings for
individuals undergoing background or
security investigations; publicly
available social media communications
of third parties with individuals
undergoing background investigations;
security violation files; training reports;
weapons assignment database; firing
proficiency and other security-related
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testing scores; availability for special
protective assignments; language
proficiency scores; intelligence reports;
counterintelligence material;
counterterrorism material; threat
information pertaining to private U.S.
entities and individuals operating
overseas; internal Departmental
memoranda; internal personnel, fiscal,
and other administrative documents, to
include PIV-related 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.
RECORD SOURCE CATEGORIES:
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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.
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 and
subcommittees of Congress in
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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 or verify general suitability for
employment, fitness, or retention in
employment, to grant a contract or issue
a license, grant, security clearance,
national security eligibility, credential
or accreditation;
(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:
Investigative material, 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 (including, but
not limited to, adjudications, hearings
and appeals, continuous evaluation,
inspector general functions,
counterintelligence, and research, and
insider threat programs);
(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
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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 in
another 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. Such uses may include,
for example 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 matters 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 nongovernmental agencies and entities as
needed for purposes of emergency or
disaster response or identification of
bodies;
(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;
(p) Appropriate agencies, entities, and
persons when (1) the Department of
State suspects or has confirmed that
there has been a breach of the system of
records; (2) the Department of State has
determined that as a result of the
suspected or confirmed breach there is
a risk of harm to individuals, the
Department of State (including its
information systems, programs, and
operations), the Federal Government, or
national security; and (3) the disclosure
made to such agencies, entities, and
persons is reasonably necessary to assist
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in connection with the Department of
State efforts to respond to the suspected
or confirmed breach or to prevent,
minimize, or remedy such harm;
(q) To another Federal agency or
Federal entity, when the Department of
State determines that information from
this system of records is reasonably
necessary to assist the recipient agency
or entity in (1) responding to a
suspected or confirmed breach or (2)
preventing, minimizing, or remedying
the risk of harm to individuals, the
recipient agency or entity (including its
information systems, programs, and
operations), the Federal Government, or
national security, resulting from a
suspected or confirmed breach;
(r) To Department of State officials for
the purpose of vetting for employee
participation in public speaking events,
recruitment events, awards, and
assignments;
(s) To private U.S. entities operating
overseas to communicate threats against
them and their employees;
(t) To the Office of the Director of
National Intelligence for inclusion in its
Scattered Castles system in order to
facilitate reciprocity of background
investigations and national security
eligibility determinations; and
(u) To a court, adjudicative body, or
administrative body before which the
Department is authorized to appear
when (a) the Department; (b) any
employee of the Department in his or
her official capacity; (c) any employee of
the Department in his or her individual
capacity where the U.S. Department of
Justice (‘‘DOJ’’) or the Department has
agreed to represent the employee; or (d)
the Government of the United States,
when the Department determines that
litigation is likely to affect the
Department, is a party to litigation or
has an interest in such litigation, and
the use of such records by the
Department is deemed to be relevant
and necessary to the litigation or
administrative proceeding.
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 (published in
Volume 73, Number 136, Public Notice
6290, on July 15, 2008). All these
standard routine uses apply to Security
Records, State-36.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records are stored both in hard copy
and on electronic media. A description
of standard Department of State policies
concerning storage of electronic records
is found here https://fam.state.gov/
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FAM/05FAM/05FAM0440.html. All
hard copies of records containing
personal information are maintained in
secured file cabinets in restricted areas,
access to which is limited to authorized
personnel only.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
By individual name, personal or
biometric identifier, case number,
Department building passes, and Social
Security number (for other than
visitors), as well as by each category of
records in the system.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Retention of these records varies
depending upon the specific kind of
record involved. The retention periods
of records maintained in this system of
records range from three years for
security support records to 100 years for
investigation case files. These 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 and outlined here
https://foia.state.gov/Learn/Records
Disposition.aspx. More specific
information may be obtained by writing
to the following address: U.S.
Department of State; Director, Office of
Information Programs and Services; A/
GIS/IPS; SA–2, Suite 8100; Washington,
DC 20522–8100.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
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 Foreign Service
Institute distance learning course, PA
459, instructing employees on privacy
and security requirements, including
the rules of behavior for handling PII
and the potential consequences if it is
handled improperly.
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 passwordprotected and under the direct
supervision of the system manager. The
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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.
Before being granted access to
Security Records, a user must first be
granted access to the Department of
State computer system, and user access
is not granted until a background
investigation has been completed. All
Department of State employees and
contractors with authorized access have
undergone a thorough background
security investigation. Remote access to
the Department of State network from
non-Department owned systems is
authorized only through a Departmentapproved access program. Remote
access to the network is configured with
the authentication requirements
contained in the Office of Management
and Budget Circular Memorandum A–
130.
The Department of State will store
records maintained in this system of
records in cloud systems. All cloud
systems that provide IT services and
process Department of State information
must be specifically authorized by the
Department of State Authorizing Official
and Senior Agency Official for Privacy.
Only information that conforms with
Department-specific definitions for
FISMA low or moderate categorization
are permissible for cloud usage unless
specifically authorized by the Cloud
Computing Governance Board. Prior to
operation, all Cloud systems must
comply with applicable security
measures that are outlined in FISMA,
FedRAMP, OMB regulations, NIST
Federal Information Processing
Standards (FIPS) and Special
Publication (SP), and Department of
State policy and standards.
RECORD ACCESS PROCEDURES:
Individuals who wish to gain access
to or amend records pertaining to
themselves should write to U.S.
Department of State; Director, Office of
Information Programs and Services; A/
GIS/IPS; SA–2, Suite 8100; Washington,
DC 20522–8100. The individual must
specify that he or she wishes Security
Records to be checked. At a minimum,
the individual must include: Full name
(including maiden name, if appropriate)
and any other names used; current
mailing address and zip code; date and
place of birth; notarized signature or
statement under penalty of perjury; a
brief description of the circumstances
that caused the creation of the record
(including the city and/or country and
the approximate dates) which gives the
E:\FR\FM\15JNN1.SGM
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28062
Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Notices
individual cause to believe that Security
Records include records pertaining to
him or her. Detailed instructions on
Department of State procedures for
accessing and amending records can be
found at the Department’s FOIA website
(https://foia.state.gov/Request/
Guide.aspx).
Individuals who wish to contest
record procedures should write to U.S.
Department of State; Director, Office of
Information Programs and Services; A/
GIS/IPS; SA–2, Suite 8100; Washington,
DC 20522–8100.
SYSTEM NAME AND NUMBER
[FR Doc. 2018–12872 Filed 6–14–18; 8:45 am]
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
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.
HISTORY:
Security Records, State-36, was
previously published at 80 FR 77691
and Identity Management System, State-
Jkt 244001
[Public Notice 10449]
Privacy Act of 1974; System of
Records
Department of State.
Notice of a modified system of
records.
This System of Records
compiles information used in the
adjudication of U.S. visas.
DATES: This system of records notice is
effective upon publication, with the
exception of the routine uses (m), (n),
and (o) that are subject to a 30-day
period during which interested persons
may submit comments to the
Department. Please submit any
comments by July 16, 2018.
ADDRESSES: Questions can be submitted
by mail or email. If mail, please write to:
U.S. Department of State; Office of
Global Information Services, Privacy
Staff; A/GIS/PRV; SA–2, Suite 8100;
Washington, DC 20522–0208. If email,
please address the email to the Senior
Agency Official for Privacy, Mary R.
Avery, at Privacy@state.gov or call (202)
663–2215. Please write ‘‘Visa Records,
State-39’’ on the envelope or the subject
line of your email.
FOR FURTHER INFORMATION CONTACT:
Mary R. Avery, Senior Agency Official
for Privacy; U.S. Department of State;
Office of Global Information Services,
A/GIS/PRV; SA–2, Suite 8100;
Washington, DC 20522–0208; at
Privacy@state.gov or (202) 663–2215.
SUPPLEMENTARY INFORMATION: The
purpose of this modification is to make
substantive and administrative changes
to the previously published notice. This
notice modifies the following sections of
State-39, Visa Records: System Location,
Categories of Individuals, Categories of
Records, Routine Uses, Policies and
Practices for Retention and Disposal of
Records, and Safeguards. In addition,
this notice makes administrative
updates to the following sections:
Record Access Procedures, Contesting
Record Procedures, Notification
Procedures, and History. These changes
reflect new OMB guidance, new visa
adjudication procedures, updated
SUMMARY:
PO 00000
Frm 00114
Fmt 4703
Visa Records, State-39.
SECURITY CLASSIFICATION:
Unclassified and Classified.
SYSTEM LOCATION:
DEPARTMENT OF STATE
ACTION:
Individuals who have reason to
believe that this system of records may
contain information pertaining to
themselves should write to following
address: U.S. Department of State;
Director, Office of Information Programs
and Services; A/GIS/IPS; SA–2, Suite
8100; Washington, DC 20522–8100. The
individual must specify that he or she
wishes Security Records to be checked.
At a minimum, the individual must
include: Full name (including maiden
name, if appropriate) and any other
names used; date and place of birth;
current mailing address and zip code;
notarized signature or statement under
penalty of perjury; a brief description of
the circumstances that caused the
creation of the record (including the city
and/or country and the approximate
dates) which gives the individual cause
to believe that Security Records include
records to him or her.
sradovich on DSK3GMQ082PROD with NOTICES
Mary R. Avery,
Senior Agency Official for Privacy, Senior
Advisor, Office of Global Information
Services, Bureau of Administration,
Department of State.
AGENCY:
NOTIFICATION PROCEDURES:
17:11 Jun 14, 2018
contact information, and a notice
publication history.
BILLING CODE 4710–24–P
CONTESTING RECORD PROCEDURES:
VerDate Sep<11>2014
72, was previously published at 71 FR
62653.
Sfmt 4703
Department of State (‘‘Department’’),
located at 2201 C Street NW,
Washington, DC 20520; Visa Office,
Department of State, Annex 17, 600 19th
Street NW, Washington, DC 20006;
National Visa Center, 32 Rochester
Avenue, Portsmouth, NH 03801;
Kentucky Consular Center, 3505 N U.S.
Hwy. 25 W, Williamsburg, KY 40769;
U.S. embassies, consulates general, and
consulates (henceforth referred to as the
Department of State).
SYSTEM MANAGER(S):
Deputy Assistant Secretary for Visa
Services, Room 6811, Department of
State, 2201 C Street NW, Washington,
DC 20520–4818; Director, National Visa
Center, 32 Rochester Avenue,
Portsmouth, NH 63801; Director,
Kentucky Consular Center, 3505 N U.S.
Hwy. 25 W, Williamsburg, KY 40769;
VO_SORN@state.gov. At specific
locations abroad, the on-site manager is
the consular officer responsible for visa
processing.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301 (Secretary of State’s
authorities with respect to Management
of the Department of State); 22 U.S.C.
2651a (Organization of the Department
of State); 22 U.S.C. 3921 (Management
of the Foreign Service); 8 U.S.C. 1101–
1537 (Immigration and Nationality Act
of 1952, as amended).
PURPOSE(S) OF THE SYSTEM:
The Visa Records system maintains
information used to assist the Bureau of
Consular Affairs and consular officers in
the Department and abroad in
adjudicating visas and Certificates of
Identity. It is also used in dealing with
problems of a legal, enforcement,
technical, or procedural nature that may
arise in connection with a U.S. visa or
Certificate of Identity.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Visa Records may include the
following individuals when required by
a visa application or a Certificate of
Identity application: U.S. petitioners,
U.S. persons applying for returning
residence travel documentation, and
visa and Certificate of Identity
applicants who subsequently become
documented as U.S. persons.
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Agencies
[Federal Register Volume 83, Number 116 (Friday, June 15, 2018)]
[Notices]
[Pages 28058-28062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12872]
[[Page 28058]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
[Public Notice 10450]
Privacy Act of 1974; System of Records
AGENCY: Department of State.
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
SUMMARY: This system of records, Security Records, captures 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, counterterrorism purposes, and administrative security
functions.
DATES: This system of records notice is effective upon publication,
with the exception of the new or modified routine uses (b), (c), (d),
(e), (m), (n), (p), (q), (r), (s), (t), and (u) that are subject to a
30-day period during which interested persons may submit comments to
the Department. Please submit any comments by July 16, 2018.
ADDRESSES: Questions can be submitted by mail or email. If mail, please
write to: U.S. Department of State; Office of Global Information
Systems, Privacy Staff; A/GIS/PRV; SA-2, Suite 8100; Washington, DC
20522-0208. If email, please address the email to the Senior Agency
Official for Privacy, Mary R. Avery, at [email protected] or call (202)
663-2215. Please write ``Security Records, State-36'' on the envelope
or the subject line of your email.
FOR FURTHER INFORMATION CONTACT: Mary R. Avery, Senior Agency Official
for Privacy; U.S. Department of State; Office of Global Information
Services, A/GIS/PRV; SA-2, Suite 8100; Washington, DC 20522-0208; at
[email protected], or (202) 663-2215.
SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974,
the Department of State proposes to consolidate two record systems:
Security Records, State-36 (previously published at 80 FR 77691) and
Identity Management System, State-72 (previously published at 71 FR
62653) under Security Records, State-36. These two systems are being
merged because the records and system purposes are substantially
related. This notice modifies the following sections of State-36,
Security Records: System Location; Authority for Maintenance of the
System; Purposes of the System; Categories of Individuals Covered by
the System; Categories of Records in the System; Routine Uses of
Records Maintained in the System, including categories of users and
purposes of such uses; Policies and Practices for Storage of Records;
Policies and Practices for Retention and Disposal of Records; and
Administrative, Technical, and Physical safeguards. In addition, this
notice makes administrative updates to the following sections: Policies
and Procedures for Retrieval of Records, Record Access Procedures,
Notification Procedures, and History. These changes reflect the
incorporation of State-72 into State-36, the Department's move to cloud
storage, new OMB guidance, expanded authorities and routine uses for
these records, updated contact information, and a notice publication
history.
SYSTEM NAME AND NUMBER
State-36, Security Records.
SECURITY CLASSIFICATION:
Unclassified and Classified.
SYSTEM LOCATION:
Department of State, located at 2201 C Street NW, Washington, DC
20520, 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.
Within a government certified cloud provided, implemented, and overseen
by the Department's Enterprise Server Operations Center (ESOC), 2201 C
Street NW, Washington, DC 20520.
SYSTEM MANAGER(S):
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. The Principal Deputy Assistant Secretary for
Diplomatic Security can be reached at (571) 345-3815.
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. 2708 (Department of State
Rewards Program); (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 (Administration by Secretary of State); (v) 22 U.S.C. 4802
(Diplomatic Security) (Responsibility of Secretary of State), (w) 22
U.S.C. 4804(3)(D) (Responsibilities of Assistant Secretary for
Diplomatic Security) (Repealed, but applicable to past records); (x) 22
U.S.C. 4831-4835 (Accountability review, accountability review board,
procedures, findings and recommendations by a board, relation to other
proceedings); (y) 22 U.S.C. Sec. 4807 (Establishment of Visa and
Passport Security Program in the Department of State) (z) 44 U.S.C. 31
(Federal Records Act of 1950, Sec. 506(a), as amended) (applicable to
past records); (aa) 44 U.S.C. 3541 (Federal Information Security
Management); (bb) Executive Order 10450 (Security requirements for
government employment) (revoked but applicable to past records) and its
successor orders; (cc) Executive Order 12107 (Relating to the Civil
Service Commission and Labor-Management in the Federal Service); (dd)
Executive Order 13526 and its predecessor orders (Classified National
Security Information); (ee) Executive Order 12968, as amended (Access
to Classified Information); (ff) Executive Order 13587 (Structural
Reforms to Improve the Security of
[[Page 28059]]
Classified Networks and Information); (gg) Executive Order 12333, as
amended, and its predecessor orders (United States Intelligence
Activities); (hh) Executive Order 13467, as amended (Reforming
Processes Related to Suitability for Government Employment, Fitness,
for Contractor Employees, and Eligibility for Access to Classified
National Security Information); (ii) 22 CFR Subchapter M (International
Traffic in Arms) (applicable to past records); (jj) 40 U.S.C. Chapter
10 (Federal Property and Administrative Services Act (1949)); (kk) 31
U.S.C. (Internal Revenue Code); (ll) Public Law 99-399, 8/27/1986
(Omnibus Diplomatic Security and Antiterrorism Act of 1986, as
amended); (mm) Public Law 100-202, 12/22/1987 (Appropriations for
Departments of Commerce, Justice, and State) (applicable to past
records); (nn) Public Law 100-461, 10/1/1988 (Foreign Operations,
Export Financing, and Related Programs Appropriations Act); (oo) Public
Law 104-347, sec. 203 (Electronic Government Act); (pp) Public Law 107-
56, 10/26/2001 (USA PATRIOT Act--Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism); (qq) Public Law 108-21, 4/30/2003 (PROTECT Act--
Prosecutorial Remedies and Other Tools to End the Exploitation of
Children Today Act of 2003); (rr) Executive Order 12356 (National
Security Information) (applicable to past records); (ss) Executive
Order 9397 (Numbering System for Federal Accounts Relating to
Individual Persons); (tt) Homeland Security Presidential Directive
(HSPD-12) (Policy for a Common Identification Standard for Federal
Employees and Contractors, 8/27/2004; (uu) Executive Order 13356
(Strengthening the Sharing of Terrorism Information to Protect
Americans); (vv) Public Law 108-458 (Sect.1016), 12/17/2004
(Intelligence Reform and Terrorism Prevention Act of 2004; (ww) Public
Law 92-463: 5 U.S.C. App. (Federal Advisory Committee Act); (xx) E.O.
12829, National Industrial Security Program; (yy) PDD/NSC-12 Security
Awareness and Reporting Foreign Contacts; (yy) Security Executive Agent
Directive 3 (Reporting Requirements for Personnel with Access to
Classified Information or Who Hold a Sensitive Position); (zz) Security
Executive Agent Directive 4 (National Security Adjudicative
Guidelines); (aaa) Security Executive Agent Directive 5 (Social Media
in Background Investigations).
PURPOSE(S) OF THE SYSTEM:
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, state, and
international 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, national security eligibility,
security clearance, or Department credential (including PIV card).
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Present and former employees of the Department of State; U.S.
Agency for International Development (AID), and Peace Corps employees;
applicants for Department employment who are presently undergoing a
background investigation; individuals communicating on publicly
available social media with employees or applicants undergoing a
background investigation; contractors working for the Department;
interns and detailees to the Department; employees of other federal
agencies who have accounts on 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
institutions identified in passport and visa crime investigations;
individuals and institutions identified in investigations regarding
identity theft or document fraud affecting or relating to the programs,
functions or authorities of the Department of State; individuals
identified in investigations of Federal offenses committed within the
special maritime and territorial jurisdiction of the United States;
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; individuals who participate
in Department rewards programs; and individuals whose activities other
agencies believe may have a bearing on U.S. foreign policy interests.
The Privacy Act defines an individual at 5 U.S.C. 552a(a)(2) as a
United States citizen or lawful permanent resident.
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), medical records, 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, national security
eligibility determinations, fitness determinations, 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
communications and/or findings for individuals undergoing background or
security investigations; publicly available social media communications
of third parties with individuals undergoing background investigations;
security violation files; training reports; weapons assignment
database; firing proficiency and other security-related
[[Page 28060]]
testing scores; availability for special protective assignments;
language proficiency scores; intelligence reports; counterintelligence
material; counterterrorism material; threat information pertaining to
private U.S. entities and individuals operating overseas; internal
Departmental memoranda; internal personnel, fiscal, and other
administrative documents, to include PIV-related 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.
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.
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 and subcommittees 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 or verify general
suitability for employment, fitness, or retention in employment, to
grant a contract or issue a license, grant, security clearance,
national security eligibility, credential or accreditation;
(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:
Investigative material, 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 (including, but not limited to, adjudications, hearings and
appeals, continuous evaluation, inspector general functions,
counterintelligence, and research, and insider threat programs);
(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 in another 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.
Such uses may include, for example 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 matters 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 or
identification of bodies;
(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;
(p) Appropriate agencies, entities, and persons when (1) the
Department of State suspects or has confirmed that there has been a
breach of the system of records; (2) the Department of State has
determined that as a result of the suspected or confirmed breach there
is a risk of harm to individuals, the Department of State (including
its information systems, programs, and operations), the Federal
Government, or national security; and (3) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist
[[Page 28061]]
in connection with the Department of State efforts to respond to the
suspected or confirmed breach or to prevent, minimize, or remedy such
harm;
(q) To another Federal agency or Federal entity, when the
Department of State determines that information from this system of
records is reasonably necessary to assist the recipient agency or
entity in (1) responding to a suspected or confirmed breach or (2)
preventing, minimizing, or remedying the risk of harm to individuals,
the recipient agency or entity (including its information systems,
programs, and operations), the Federal Government, or national
security, resulting from a suspected or confirmed breach;
(r) To Department of State officials for the purpose of vetting for
employee participation in public speaking events, recruitment events,
awards, and assignments;
(s) To private U.S. entities operating overseas to communicate
threats against them and their employees;
(t) To the Office of the Director of National Intelligence for
inclusion in its Scattered Castles system in order to facilitate
reciprocity of background investigations and national security
eligibility determinations; and
(u) To a court, adjudicative body, or administrative body before
which the Department is authorized to appear when (a) the Department;
(b) any employee of the Department in his or her official capacity; (c)
any employee of the Department in his or her individual capacity where
the U.S. Department of Justice (``DOJ'') or the Department has agreed
to represent the employee; or (d) the Government of the United States,
when the Department determines that litigation is likely to affect the
Department, is a party to litigation or has an interest in such
litigation, and the use of such records by the Department is deemed to
be relevant and necessary to the litigation or administrative
proceeding.
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 (published in Volume 73, Number 136, Public Notice 6290, on
July 15, 2008). All these standard routine uses apply to Security
Records, State-36.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are stored both in hard copy and on electronic media. A
description of standard Department of State policies concerning storage
of electronic records is found here https://fam.state.gov/FAM/05FAM/05FAM0440.html. All hard copies of records containing personal
information are maintained in secured file cabinets in restricted
areas, access to which is limited to authorized personnel only.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
By individual name, personal or biometric identifier, case number,
Department building passes, and Social Security number (for other than
visitors), as well as by each category of records in the system.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Retention of these records varies depending upon the specific kind
of record involved. The retention periods of records maintained in this
system of records range from three years for security support records
to 100 years for investigation case files. These 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 and outlined here https://foia.state.gov/Learn/RecordsDisposition.aspx. More specific information may be obtained by
writing to the following address: U.S. Department of State; Director,
Office of Information Programs and Services; A/GIS/IPS; SA-2, Suite
8100; Washington, DC 20522-8100.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL 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 Foreign Service Institute distance learning
course, PA 459, instructing employees on privacy and security
requirements, including the rules of behavior for handling PII and the
potential consequences if it is handled improperly.
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.
Before being granted access to Security Records, a user must first
be granted access to the Department of State computer system, and user
access is not granted until a background investigation has been
completed. All Department of State employees and contractors with
authorized access have undergone a thorough background security
investigation. 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 authentication requirements contained in the Office of
Management and Budget Circular Memorandum A-130.
The Department of State will store records maintained in this
system of records in cloud systems. All cloud systems that provide IT
services and process Department of State information must be
specifically authorized by the Department of State Authorizing Official
and Senior Agency Official for Privacy.
Only information that conforms with Department-specific definitions
for FISMA low or moderate categorization are permissible for cloud
usage unless specifically authorized by the Cloud Computing Governance
Board. Prior to operation, all Cloud systems must comply with
applicable security measures that are outlined in FISMA, FedRAMP, OMB
regulations, NIST Federal Information Processing Standards (FIPS) and
Special Publication (SP), and Department of State policy and standards.
RECORD ACCESS PROCEDURES:
Individuals who wish to gain access to or amend records pertaining
to themselves should write to U.S. Department of State; Director,
Office of Information Programs and Services; A/GIS/IPS; SA-2, Suite
8100; Washington, DC 20522-8100. The individual must specify that he or
she wishes Security Records to be checked. At a minimum, the individual
must include: Full name (including maiden name, if appropriate) and any
other names used; current mailing address and zip code; date and place
of birth; notarized signature or statement under penalty of perjury; a
brief description of the circumstances that caused the creation of the
record (including the city and/or country and the approximate dates)
which gives the
[[Page 28062]]
individual cause to believe that Security Records include records
pertaining to him or her. Detailed instructions on Department of State
procedures for accessing and amending records can be found at the
Department's FOIA website (https://foia.state.gov/Request/Guide.aspx).
CONTESTING RECORD PROCEDURES:
Individuals who wish to contest record procedures should write to
U.S. Department of State; Director, Office of Information Programs and
Services; A/GIS/IPS; SA-2, Suite 8100; Washington, DC 20522-8100.
NOTIFICATION PROCEDURES:
Individuals who have reason to believe that this system of records
may contain information pertaining to themselves should write to
following address: U.S. Department of State; Director, Office of
Information Programs and Services; A/GIS/IPS; SA-2, Suite 8100;
Washington, DC 20522-8100. The individual must specify that he or she
wishes Security Records to be checked. At a minimum, the individual
must include: Full name (including maiden name, if appropriate) and any
other names used; date and place of birth; current mailing address and
zip code; notarized signature or statement under penalty of perjury; a
brief description of the circumstances that caused the creation of the
record (including the city and/or country and the approximate dates)
which gives the individual cause to believe that Security Records
include records to him or her.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
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.
HISTORY:
Security Records, State-36, was previously published at 80 FR 77691
and Identity Management System, State-72, was previously published at
71 FR 62653.
Mary R. Avery,
Senior Agency Official for Privacy, Senior Advisor, Office of Global
Information Services, Bureau of Administration, Department of State.
[FR Doc. 2018-12872 Filed 6-14-18; 8:45 am]
BILLING CODE 4710-24-P