[Federal Register Volume 60, Number 148 (Wednesday, August 2, 1995)]
[Notices]
[Pages 39469-39474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18903]
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DEPARTMENT OF STATE
[Public Notice 2233]
Privacy Act of 1974; Altered Systems of Records
Notice is hereby given that the Department of State proposes to
alter three systems of records, STATE-05, STATE-26 and STATE-39
pursuant to the provisions of the Privacy Act of 1974, as amended (5
U.S.C. 552a(r)), and the Office of Management and Budget Circular No.
A-130, Appendix I. The Department's report was filed with the Office of
Management and Budget on July 20, 1995.
It is proposed that the current system STATE-05 entitled ``Consular
Service and Assistance Records'' be renamed
[[Page 39470]]
``Overseas Citizens Services Records.'' The system names for Passport
Records (STATE-26) and Visa Records (STATE-39) will not change. It is
also proposed that the three system descriptions include revisions and/
or additions to each section except ``Systems exempted from certain
provisions of the Act.'' The altering of these systems of records will
reflect more accurately the Bureau of Consular Affairs' recordkeeping
practices, the enlargement of the scope of its mandate, and a
reorganization of its activities and operations. It should be noted
that the Overseas Citizens Services Records and Passport Records may
overlap due to their inter-relationship. Also, records about consular
affairs matters will be removed from Overseas Records, STATE-25 and
will become part of STATE-05, STATE-26 and/or STATE-39. STATE-25 will
be amended and updated in the near future.
Any persons interested in commenting on these altered systems of
records may do so by submitting comments in writing to Margaret P.
Grafeld; Chief, Privacy, Plans, and Appeals Division; Office of Freedom
of Information, Privacy and Classification Review; Room 1239,
Department of State, 2201 C Street, NW, Washington, DC 20520-1239.
These systems of records will be effective 40 days from the date of
publication, unless we receive comments which will result in a contrary
determination.
The altered system descriptions, ``Overseas Citizens Services
Records, STATE-05,'' ``Passport Records, STATE-26'' and ``Visa Records,
STATE-39'' will read as set forth below.
Dated: July 19, 1995.
Patrick F. Kennedy,
Assistant Secretary for the Bureau of Administration.
STATE-05
Overseas Citizens Services Records.
Classified.
Department of State, 2201 C Street, NW, Washington, DC 20520 and
overseas at U.S. embassies, U.S. consulates general and consulates. (A
list of overseas posts is available from the Bureau of Consular
Affairs, Room 4800, Department of State, Washington, DC 20520-4818.)
Individuals assisted by the Office of Overseas Citizens Services or
by consular officers overseas including persons, generally U.S.
citizens, who:
(a) Seek to establish claims to U.S. citizenship or inquire
concerning possible loss of U.S. citizenship;
(b) Apply for U.S. passports or Consular Reports of Birth Abroad;
(c) Register as U.S. citizens living or traveling abroad;
(d) Are evacuated to the United States or a third country as the
result of a civil disorder, natural disaster or similar emergency in an
overseas locale;
(e) Initiate, or are the subjects of, requests relating to their
welfare and whereabouts;
(f) Receive financial assistance or are repatriated;
(g) Receive emergency medical assistance;
(h) Are detained or arrested overseas;
(i) Seek or receive notarial, authentication, or judicial
assistance;
(j) Die overseas or are involved in the disposition of a decedent's
personal estate;
(k) Assert an interest in property abroad;
(l) Are living overseas and claim or receive federal benefits;
(m) Are involved in an international child custody dispute,
possible child abuse case, or child support enforcement proceeding;
(n) Vote in U.S. federal or state elections while living overseas;
(o) Register with the U.S. Selective Service System while living
overseas;
(p) Are inquiring concerning an international adoption;
(q) Are American seamen who have inquired about seamen consular
services;
(r) Have sought or received benefits by virtue of having been held
hostage overseas or by virtue of their relationship with an individual
held hostage overseas.
(a) 8 U.S.C. 1401 et seq. (Adjudication of claim to U.S.
citizenship);
(b) 8 U.S.C. 1481, 1501 (Adjudication of possible loss of
nationality and preparation of Certificates of Loss of Nationality);
(c) 22 U.S.C. 211a, 212, 213, 217(a), 218 (Passport application and
issuance);
(d) 22 U.S.C. 2705 (Preparation of Consular Reports of Birth);
(e) 22 U.S.C. 1731 (Protection of naturalized U.S citizens abroad);
(f) 22 U.S.C. 2671(b)(2)(B) (Repatriation loan for destitute U.S.
citizens);
(g) 22 U.S.C. 2670(j) (Provision of emergency medical/dietary
assistance);
(h) 22 U.S.C. 2151n-1 (Assistance to arrested citizens) (Repealed,
but applicable to past records.);
(i) 22 U.S.C. 4215, 4221 (Administration of oaths, affidavits, and
other notarial acts);
(j) 28 U.S.C. 1740, 1741 (Authentication of documents);
(k) 28 U.S.C. 1781-1783 (Judicial assistance to U.S. and foreign
courts);
(l) 22 U.S.C. 4196 (Notification of death; inventory of decedents'
effects;
(m) 22 U.S.C. 5502-5513 (Secs. 204-215) (Assistance in aviation
disasters abroad);
(n) 22 U.S.C. 4195, 4197 (Estates of deceased citizens);
(o) 22 U.S.C. 3904 (Assistance to other agencies);
(p) 42 U.S.C. 402 (Old-age and survivors insurance benefits
payments);
(q) 50 App. U.S.C. 453, 454, Presidential Proclamation No. 4771,
July 2, 1980 (Selective Service registration);
(r) 42 U.S.C. 1973ff-1973ff-6 (Overseas absentee voting);
(s) 22 U.S.C. 4193, 4194, 4205-4207, 46 U.S.C. 10318 (Assistance to
shipping and seamen);
(t) 46 U.S.C. 10701-10705 (Responsibility for deceased seamen and
their effects);
(u) 42 U.S.C. 11601-11610, International Child Abduction Remedies
Act; Convention on the Civil Aspects of International Child Abduction;
E.O. 12648, August 11, 1988, 53 FR 30637);
(v) Sec. 599C of Pub. L. 101-513 as amended (Claims to benefits by
virtue of hostage status).
Applications for passports and registration as U.S. citizens;*
Consular Reports of Birth;* Certificates of Loss of Nationality of the
United States;* Reports of Death;* emergency medical and dietary loan
applications; repatriation loan applications; applications for benefits
for hostages; seamen services records; welfare and whereabouts records;
federal benefits claims; property claims; arrest cases; estate cases;
judicial assistance cases; international adoption cases; and child
custody cases, including applications filed under the Hague Convention
on International Child Abduction.
* These records are eventually transferred from Overseas
Citizens Services Records, STATE-05, to Passport Records, STATE-26.
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These records may also include: registration cards; interview
worksheets; fingerprint cards; documents of identity; affidavits of
identity; and various related forms not otherwise stated as well as
communications from U.S. embassies, U.S. consulates general,
consulates, federal, state and local government agencies, members of
Congress, officials of foreign
[[Page 39471]]
governments and courts or organizations such as the Red Cross, subject
of the record, attorneys, relatives and other interested parties.
The information in the Overseas Citizens Services Records is used
primarily in the adjudication of claims relating to acquisition or loss
of U.S. citizenship; the protection and assistance of individuals
abroad; the assistance to individuals involved in child custody;
adoption and child support enforcement proceedings; and the resolution
of property, estate, and benefits claims arising under the pertinent
statutes. The routine uses for Passport Records, STATE-26, apply to
applications for passports and registration as U.S. citizens, Consular
Reports of Birth, Certificates of Loss of Nationality of the United
States, Reports of Death, and related documentation. The principal
users of this information outside the Department of State are: Social
Security Administration; Veterans Administration; Department of Health
and Human Services; U.S. Public Health Service; Office of Personnel
Management; Railroad Retirement Board; Treasury Department; Department
of Labor; Department of Justice; Drug Enforcement Administration;
Selective Service; Department of Defense; Federal Aviation
Administration; U.S. Maritime Administration; Department of Commerce;
Foreign Claims Settlement Commission; Immigration and Naturalization
Service; Secret Service; Internal Revenue Service for the current
addresses of specifically identified taxpayers in connection with
pending actions to collect taxes accrued, examinations, and/or other
related tax activities; Foreign and domestic airlines when the
information is required for the purpose of notifying next-of-kin of the
death, injury or status of the individual to whom it pertains, or in
connection with a medical evaluation of the individual to whom it
pertains; Funeral homes in connection with the death abroad of citizens
of the U.S.; Members of Congress when the information is requested on
behalf of the individual to whom access is authorized under these
rules; Shipping companies when the information is maintained pursuant
to the Department's responsibility under Title 46 of the U.S. Code;
Immediate families when the information is required for the benefit of
the subject by the individual's immediate family; Private United States
citizen ``wardens'' designated by U.S. embassies and U.S. consulates
general and consulates to serve, primarily in emergency and evacuation
situations, as channels of communication with other Americans in the
local community; Attorneys when the individual to whom the information
pertains is the client of the attorney making the request, or when the
attorney is acting on behalf of some other individual to whom access is
authorized under these rules; the Red Cross; State law enforcement
agencies; including state prosecutors; Foreign governments, embassies
and consulates when the request for information is made pursuant to
customary international practice; Private citizens whenever the
individual to whom the information pertains has authorized the
Department in writing to release such information; INTERPOL; National
Center for Missing and Exploited Children; Various central authorities
of member countries of the Hague International Child Abduction
Convention; Contacts identified by state governments to assist in
implementation of the Hague International Child Abduction Convention;
Bar associations and legal aid services to assist in facilitating
operations under the Hague International Child Abduction Convention;
Local police in connection with notification of next-of-kin and child
custody disputes; Social service agencies; and Parents involved in
Hague International Child Abduction cases. This information may also be
released on a need-to-know basis to other government agencies having
statutory or other lawful authority to maintain such information;
information is made available to routine users only for an established
routine use. Also see the ``Routine Uses'' paragraph of the Prefatory
Statement published in the Federal Register.
Electronic media, hard copy.
By individual name, passport number.
All employees of the Department of State have undergone a thorough
background security investigation, and contractors have had background
investigations in accordance with the scope of their contract. Access
to the Department of State 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
records containing personal information are maintained in secured file
cabinets or in restricted areas access to which is limited to
authorized personnel. Access to computerized data bases is password-
protected and under the responsibility of the system manager and
persons who report to him or her. The system manager has the capability
of printing audit trails of access from the electronic media, thereby
permitting regular ad hoc monitoring of computer usage.
Retention of these records varies depending upon the specific kind
of 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
Freedom of Information, Privacy, and Classification Review; Room 1239;
Department of State; 2201 C Street, NW; Washington, DC 20520-1239.
Deputy Assistant Secretary for Overseas Citizens Services; Room
4800; Department of State; 2201 C Street, NW; Washington, DC 20520-
4818. At overseas locations, the on-site system manager is the Chief of
the Consular Section or another State Department employee with
responsibility for consular services as provided by the post in
question.
Individuals who have reason to believe that the Office of Overseas
Citizens Services might have records pertaining to themselves should
write to the Director, Office of Freedom of Information, Privacy and
Classification Review; Room 1239; Department of State; 2201 C Street,
NW; Washington, DC 20520-1239. The individual must specify that he/she
wishes the Overseas Citizens Services Records checked. At a minimum,
the individual must include: Name; date and place of birth; current
mailing address and zip code; signature; a brief description of the
circumstances which may have caused the creation of the record,
including the location (city and country); and the approximate dates
which give the individual cause to believe that Overseas Citizens
Services has records pertaining to him/her. A request to search
Overseas Citizens Services Records, STATE-05, will be treated also as a
request to search Passport Records, STATE-26, when it pertains to
passport, registration,
[[Page 39472]]
citizenship, birth or death records transferred from STATE-05 to STATE-
26.
Individuals who wish to gain access to or amend records pertaining
to themselves should write to the Director, Office of Freedom of
Information, Privacy and Classification Review (address above).
These records contain information obtained primarily from the
individual who is the subject of these records; consular officers;
relatives; and interested federal, state and local agencies; and
officials of foreign governments and courts or organizations such as
the Red Cross.
Certain records contained within this system of records are
exempted from 5 U.S.C. 522a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I)
and (f). See Department of State Rules published in the Federal
Register.
STATE-26
Passport Records.
Classified.
Department of State, Passport Services, Annex 17, 1111 19th Street,
NW, Washington, DC 20522-1705.
(a) Individuals who have applied for the issuance, amendment,
extension or renewal of U.S. passports;
(b) Individuals who have been issued U.S. passports or had
passports amended, extended, renewed, limited, revoked or denied;
(c) Individuals who have applied to have births overseas reported
as births of U.S. citizens overseas;
(d) Individuals for whom Consular Reports of Birth Abroad of U.S.
citizens or Certifications of Birth have been issued;
(e) Individuals who have applied at American Diplomatic or Consular
posts for registration and have so registered;
(f) Individuals who have been issued Certificates of Identity or
Cards of Registration and Identity as U.S. citizens;
(g) Individuals for whom the Department of State has issued
Certificates of Loss of Nationality of the United States;
(h) Individuals who have applied at American Diplomatic or Consular
Posts for issuance of Certificates of Witness to Marriage, and,
individuals who have been issued Certificates of Witness to Marriage;
(i) Deceased individuals for whom a Report of Death of an American
Citizen Abroad has been obtained;
(j) Individuals who although U.S. citizens are not or may not be
entitled under passport laws and regulations to the issuance or
possession of U.S. passports or other documentation or service;
(k) Individuals whose previous passport records must be reviewed
before further action can be taken;
(l) Individuals who requested passport records under FOIA or the
Privacy Act, whether successful or not;
(m) Individuals who have corresponded with Passport Services
concerning various aspects of the issuance or denial of U.S. passports.
(a) 8 U.S.C. 1401-1503 (Acquisition and Loss of U.S. Citizenship's
use of U.S. Passports);
(b) 18 U.S.C. 911, 1001, 1541 thru 1546
(c) 22 U.S.C. 211a thru 218, 1172 (now repealed), 2658, 2662, 2705:
Executive Order 11295, August 5, 1966, 31 FR 10603; (Authority of the
Secretary of State in granting and issuing U.S. passports);
(d) 8 U.S.C. 1185 (Travel documentation of Citizens).
Applications for passports, or applications for amendment,
extension or renewal of passports; applications for registration at
American Diplomatic and Consular Posts as U.S. citizens or for issuance
of Certificates of Identity or Cards of Identity and Registration as
U.S. Citizens; Consular Reports of Birth Abroad of United States
citizens; Certificates of Witness to Marriage; Certificates of Loss of
United States Nationality; Certificates of Expatriation; Oaths of
Repatriation; and Reports of Death of an American Citizen Abroad. Names
of persons who have applied for, been issued passports or related
facilities; and, to the extent not included in the Application for
Vital Records or other category of records maintained by this agency;
the names of persons who have been issued Consular Reports of Birth;
Certificates of Birth; Consular Certificates of Repatriation;
Certificates of Witness to Marriage; Certificates of Loss of United
States Nationality; Reports of Death of an American Citizen Abroad; or
been registered or issued Certificates of Identity or Cards of Identity
and Registration as U.S. citizens; Lookout files which identify those
persons whose cases require other than routine examination or action;
Miscellaneous materials--those documents/records maintained separately,
if not in the application, including but not limited to: 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; 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 some passport
application records created between 1962 and 1978; a currently
expanding electronic index of Department of State Reports of Birth of
American Citizens abroad which will eventually include all such
documents.
The information maintained in the Passport Services records is used
to establish the U.S. citizenship 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 investigations. The principal users
of this information outside the Department of State are: Internal
Revenue Service for the current addresses of specifically identified
taxpayers in connection with pending actions to collect taxes accrued,
examinations, and/or other related tax activities; Foreign governments,
to permit such governments to fulfill passport control and immigration
duties; 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
[[Page 39473]]
fraudulently or has violated the law; Immediate families when the
information is required by the individual's immediate family and may be
released consistent with the Privacy Act and/or the Freedom of
Information Act; 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; Attorneys when the individual to whom
the information pertains is the client of the attorney making the
request; Members of Congress when the information is requested on
behalf of the individual to whom access is authorized under these
rules. This information may also be released on a need-to-know basis to
other government agencies having statutory or other lawful authority to
maintain such information; information is made available to routine
users only for an established routine use. Also see the ``Routine
Uses'' paragraph of the Prefatory Statement published in the Federal
Register.
Hard copy, electronic media.
By individual name or passport number.
All employees of the Department of State have undergone a thorough
background security investigation and contractors have background
investigations in accordance with their contracts. Access to the
Department of State and its annexes is controlled by security guards,
and admission is limited to those individuals possessing a valid
identification card or individuals under proper escort. Access to
passport office annexes have security access controls (code entrances)
and/or security alarm systems. All records containing personal
information are maintained in secured file cabinets or in restricted
areas access to which is limited to authorized personnel. Access to
computerized data bases is password-protected and under the
responsibility of the system manager and persons who report to him or
her. The system manager has the capability of printing audit trails of
access from the electronic media, thereby permitting regular ad hoc
monitoring of computer usage.
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
Freedom of Information, Privacy and Classification Review; Room 1239;
Department of State; 2201 C Street, NW., Washington, DC 20520-1239.
Deputy Assistant Secretary of State for Passport Services, Room
5807; Department of State; 2201 C Street, NW., Washington, DC 20520-
4818.
Individuals who have reason to believe that Passport Services might
have records pertaining to themselves should write to the Director,
Office of Freedom of Information, Privacy and Classification Review;
Room 1239; Department of State; 2201 C Street, NW., Washington, DC
20520-1239. The individual must specify that he/she wishes the Passport
Services records checked. At a minimum, the individual must include:
Name, date and place of birth, current mailing address, zip code,
signature and 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 passport,
registration, citizenship, birth or death records transferred from
STATE-05 to STATE-26.
Individuals who wish to gain access to or amend records pertaining
to themselves should write to the Director, Office of Freedom of
Information, Privacy and Classification Review (address above).
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.
Certain records contained within this system of records are
exempted from 5 U.S.C. 552(a), (c)(3), (d), (e)(1), (e)(4) (G), (H),
and (I) and (f). See Department of State Rules published in the Federal
Register.
STATE-39
Visa records.
Classified.
Visa Office, Department of State, Annex 1, 2401 E Street NW,
Washington, DC 20522-0113; Department of State, 2201 C Street NW,
Washington, DC 20520-4818; National Visa Center, 32 Rochester Avenue,
Portsmouth, NH 63801; U.S. embassies, consulates general and
consulates.
Individuals who have applied for visas; aliens who may be
ineligible to receive visas including certain dual national U.S.
nationals who aside from their U.S. nationality may otherwise be
ineligible to receive visas.
8 U.S.C. 1101-1503 (Immigration and Nationality Act of 1952, as
amended).
Visa applications and related forms; fingerprints; birth, marriage,
death and divorce certificates; documents of identity; interview
worksheets; biographic information sheets; affidavits of relationship;
medical examinations and immunization reports; police records;
educational and employment records; bank statements; communications
between the Visa Office, the National Visa Center and U.S. embassies,
U.S. consulates general and U.S. consulates, other U.S. government
agencies, international organizations, foreign missions, members of
Congress, attorneys, relatives of visa applicants and other interested
parties; and internal Department of State correspondence relating to
visa adjudication.
The information in this system is used to assist consular officers
in the Department and overseas in dealing with problems of a legal,
technical or procedural nature that may arise in considering an
application for a U.S. visa. The principal users of this information
outside the Department of State (and its embassies, consulates general
and consulates) are: the Immigration and Naturalization Service of the
Department of Justice, to coordinate the approval of petitions and the
issuance of visas; the Department of
[[Page 39474]]
Justice including the Federal Bureau of Investigation (and its National
Crime Information Center) and the Drug Enforcement Administration;
Department of the Treasury, including the Customs Service; Department
of Labor; Central Intelligence Agency; Department of Defense; and
Congress. Limited unclassified information is released to interested
persons inquiring as to the status of a particular visa case. The
information may also be released to other government agencies having
statutory or other lawful authority to use such information. It is used
to produce statistical information for management purposes and to
compile reports required by statute. Also see the ``Routine Uses''
paragraph of the Prefatory Statement published in the Federal Register.
Electronic media, hard copy, microfilm.
Individual name, case number.
All employees of the Department of State have undergone a thorough
background security investigation and contractors have had background
investigations in accordance with the scope of their contract. Access
to the Department and its annexes is controlled by security guards, and
admission is limited to those individuals possessing a valid
identification card or individuals under proper escort. All records
containing personal information are maintained in secured file cabinets
or in restricted areas, access to which is limited to authorized
personnel and authorized contractors of the Department of State. 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.
Retention of these records varies depending upon the specific kind
of record involved. Files of closed cases 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 Freedom of Information, Privacy, and Classification Review;
Room 1239; Department of State; 2201 C Street NW; Washington, DC 20520-
1239.
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. At
specific overseas locations the one-site manager is the consular
officer responsible for visa processing.
Individuals who have reason to believe the Department of State
might have visa records pertaining to themselves should write to the
Director, Office of Freedom of Information, Privacy and Classification
Review; Room 1239; Department of State; 2201 C Street NW; Washington,
DC 20520-1239. The individual must specify that he/she wishes the visa
records for his/her application at a specific post/posts or in the
United States to be checked. At a minimum, the individual must include:
Name (and any aliases); date and place of birth; date and place of
application; current mailing address and zip code; and signature.
Individuals who wish to gain access to or amend records pertaining
to themselves should write to the Director, Office of Freedom of
Information, Privacy and Classification Review (address above).
These records contain information obtained directly from the
individual who is the subject of these records; from attorneys/agents
representing these individuals; and from relatives; sponsors; members
of Congress; U.S. government agencies; international organizations; and
local sources at posts.
Certain records contained within this system of records are
exempted from 5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4)(G), (H), and
(I), and (f). See Department of State Rules published in the Federal
Register.
[FR Doc. 95-18903 Filed 8-1-95; 8:45 am]
BILLING CODE 4710-24-M
