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10 January 2008
[Federal Register: January 9, 2008 (Volume 73, Number 6)]
[Notices]
[Page 1660-1664]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ja08-83]
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DEPARTMENT OF STATE
[Public Notice 6055]
Privacy Act of 1974; System of Records
Summary: Passport Services has prepared an update of its system of
records notice (SORN) as required by the Privacy Act 5 U.S.C. 552a and
Appendix I to OMB Circular A-130 (``Federal Agency Responsibilities for
Maintaining Records About Individuals''). Publication in the Federal
Register of the updated SORN will establish a number of new ``routine
uses'' for sharing passport records outside the Department of State.
The purpose in granting access to other entities varies, but
principally encompasses the following functions:
[[Page 1661]]
To support national defense, border security, and foreign
policy activities;
To ensure the proper functioning and integrity of law
enforcement, counterterrorism, and fraud-prevention activities by
supporting law enforcement personnel in the conduct of their duties;
To support the investigatory process; and
To assist with verification of passport validity to
support employment eligibility and identity corroboration for public
and private employment.
New routine users listed in the SORN include the Department of
Homeland Security, the National Counter-Terrorism Center, the
Department of Justice (including components such as the FBI), foreign
governments, and entities such as Interpol, for counter-terrorism and
other purposes such as border security and fraud prevention.
New routine uses are not considered effective until after a 40-day
period enabling review and comment by the public, OMB and Congress.
SYSTEM NAME:
Passport Records (STATE-26).
SECURITY CLASSIFICATION:
Classified and unclassified.
SYSTEM LOCATION:
Department of State, Passport Services, Annex 17, 1111 19th Street,
NW., Washington, DC 20522-1705.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Records are maintained in the Passport Records system about
individuals who:
(a) Have applied for the issuance, amendment, extension, or renewal
of U.S. passport books and passport cards;
(b) Were issued U.S. passport books or cards, or had passports
amended, extended, renewed, limited, revoked, or denied;
(c) Have applied to have births overseas reported as births of U.S.
citizens overseas;
(d) Were issued a Consular Report of Birth Abroad of U.S. citizens
or for whom Certification(s) of Birth have been issued;
(e) Applied at American Diplomatic or Consular posts for
registration and have so registered;
(f) Were issued Cards of Registration and Identity as U.S.
citizens;
(g) Were issued Certificates of Loss of Nationality of the United
States by the Department of State;
(h) 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) Were deceased individuals for whom a Report of Death of an
American Citizen Abroad has been obtained;
(j) Although U.S. citizens, are not or may not be entitled under
relevant passport laws and regulations to the issuance or possession of
U.S. passport books, cards, or other documentation or service(s);
(k) Have previous passport records that must be reviewed before
further action can be taken on their passport application or request
for other consular services;
(l) Requested their own or another's passport records under FOIA or
the Privacy Act, whether successfully or not; or
(m) Have corresponded with Passport Services concerning various
aspects of the issuance or denial of a specific applicant's U.S.
passport books or cards.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
(a) 8 U.S.C. 1401-1503 (2007) (Acquisition and Loss of U.S.
Citizenship or U.S. Nationality; Use of U.S. Passports);
(b) 18 U.S.C. 911, 1001, 1541-1546 (2007) (Crimes and Criminal
Procedure);
(c) 22 U.S.C. 211a-218, 2651a, 2705 (2007); Executive Order 11295,
August 5, 1966, 31 FR 10603; (Authority of the Secretary of State in
granting and issuing U.S. passports); and
(d) 8 U.S.C. 1185 (2007) (Travel Control of Citizens).
CATEGORIES OF RECORDS IN THE SYSTEM:
Passport Services maintains U.S. passport records for passports
issued from 1925 to the present, as well as vital records related to
births abroad, deaths, and witnesses to marriages overseas. The
passport records system does not maintain evidence of travel such as
entrance/exit stamps, visas, or residence permits, since this
information is entered into the passport book after it is issued. The
passport records system includes the following categories of records:
Passport books and passport cards, applications for
passport books and passport cards, and applications for additional visa
pages, amendments, extensions, replacements, and/or renewals of
passport books or cards (including all information and materials
submitted as part of or with all such applications);
Applications for registration at American Diplomatic and
Consular Posts as U.S. citizens or for issuance of 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;
Oaths of Repatriation;
Consular Certificates of Repatriation;
Reports of Death of an American Citizen Abroad;
Cards of Identity and Registration as U.S. citizens;
Lookout files which identify those persons whose
applications for a consular or related service require other than
routine examination or action; and
Miscellaneous materials, which are documents and/or
records maintained separately, if not in the application, including but
not limited to the following types of documents:
[cir] Investigatory reports compiled in connection with granting or
denying passport and related services or prosecuting violations of
passport criminal statutes;
[cir] Transcripts and opinions on administrative hearings, appeals
and civil actions in federal courts;
[cir] Legal briefs, memoranda, judicial orders and opinions arising
from administrative determinations relating to passports and
citizenship;
[cir] Birth and baptismal certificates;
[cir] Court orders;
[cir] Arrest warrants;
[cir] Medical, personal and financial reports;
[cir] Affidavits;
[cir] Inter-agency and intra-agency memoranda, telegrams, letters,
and other miscellaneous correspondence;
[cir] An electronic index of all passport application records
created since 1978, and some passport application records created
between 1962 and 1978;
[cir] An electronic index of Department of State Reports of Birth
of American Citizens abroad; and/or
[cir] Records of lost and stolen passports.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
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 include the following users:
[[Page 1662]]
Department of Homeland Security for border patrol,
screening, and security purposes; law enforcement, counterterrorism,
and fraud prevention activities; and for verification of passport
validity to support employment eligibility and identity corroboration
for public and private employment;
Department of Justice, including the Federal Bureau of
Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives,
the U.S. Marshals Service, and other components, for law enforcement,
counterterrorism, border security, fraud prevention, and criminal and
civil litigation activities;
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;
INTERPOL and other international organizations for law
enforcement, counterterrorism, fraud prevention, criminal activities
related to lost and stolen passports;
National Counterterrorism Center to support strategic
operational planning and counterterrorism intelligence activities;
Office of Personnel Management (OPM), other federal
agencies, or contracted outside entities to support the investigations
OPM, other federal agencies, and contractor personnel conduct for the
federal government in connection with verification of employment
eligibility and/or the issuance of a security clearance;
Social Security Administration to support employment-
eligibility verification for public and private employers, and for
support in verification of social security numbers used in processing
U.S. passport applications;
Federal, state, local, or other agencies having
information on an individual's history, nationality, or identity, to
the extent necessary to obtain information from these agencies relevant
to adjudicating an application for a passport or related service, or
where there is reason to believe that an individual has applied for or
is in possession of a U.S. passport fraudulently or has violated the
law;
Federal, state, local or other agencies for use in legal
proceedings as government counsel deems appropriate, in accordance with
any understanding reached by the agency with the U.S. Department of
State;
Public and private employers seeking to confirm the
authenticity of the U.S. passport when it is presented as evidence of
identity and eligibility to work in the United States;
Immediate families when the information is required by an
individual's immediate family;
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 representing an individual in administrative or
judicial passport proceedings when the individual to whom the
information pertains is the client of the attorney making the request;
Members of Congress when the information is requested on
behalf of or at the request of the individual to whom the record
pertains;
Contractor personnel conducting data entry, scanning,
corrections, and modifications;
Foreign governments, to permit such governments to fulfill
passport control and immigration duties and their own law enforcement,
counterterrorism, and fraud prevention functions, and to support U.S.
law enforcement, counterterrorism, and fraud prevention activities; and
Government agencies other than the ones listed above that
have statutory or other lawful authority to maintain such information
may also receive access on a need-to-know basis; however, all
information is made available to users only for a previously-
established routine use.
Also see the ``Routine Uses'' paragraph of the Department of State
Prefatory Statement published in the Federal Register.
STORAGE:
Hard copy, electronic media.
RETRIEVABILITY:
By individual name or passport book or card number.
SAFEGUARDS:
Passport records are protected by the Privacy Act of 1974, 5 U.S.C.
552a (2007). 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. 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
databases 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 viewing and printing audit trails of access from
the electronic media, thereby permitting monitoring of computer usage.
RETENTION AND DISPOSAL:
Retention of these records varies depending upon the specific
record involved. They are retired or destroyed in accordance with
published record schedules of the Department of State and as approved
by the National Archives and Records Administration. More specific
information may be obtained by writing to the Office of Information
Programs and Services, SA-2, 555 22nd Street, NW., Washington, DC
20522.
SYSTEM MANAGER AND ADDRESS:
Deputy Assistant Secretary of State for Passport Services, Room
5807; Department of State; 2201 C Street, NW., Washington, DC 20520-
4818.
NOTIFICATION PROCEDURE:
An individual seeking to determine whether Passport Services
maintains records pertaining to him/her must submit a written request
for notification of whether the system of records contains a record
pertaining to him/her. The body of the request must state that s/he
wishes the Passport Records database to be checked, and must include
the following information:
Name;
Date and place of birth;
Current mailing address;
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. Requests should be
mailed to the following address: Department of State, Passport
Services, Law Enforcement Liaison Division, Room 500, 1111 19th Street,
NW., Washington, DC 20524-1705.
Responses to such requests will consist of a letter indicating the
records that exist in the passport records system.
Additional information regarding applicable fees, third-party
requests, certified copies, and frequently asked
[[Page 1663]]
questions is available at http://www.travel.state.gov/:passport/services/:copies/copies:_872:.html
.
RECORD ACCESS AND AMENDMENT PROCEDURES:
Individuals who wish to gain access to or amend records pertaining
to themselves or their minor children should write to the appropriate
address listed below. There are several ways individuals may gain
access to or amend passport records pertaining to themselves or their
minor children. First, individuals may request access to records in
his/her name and the records of any minor children under the Privacy
Act of 1974. 5 U.S.C. 552a (2007). Alternatively, third parties may
request access to records under the guidelines of the Freedom of
Information Act, 5 U.S.C. 552 (2007). Additionally, individuals may
request access to their passport and/or vital records through the
applicable Passport Office request process, as described below. Access
may be granted to third parties to the extent provided for under
applicable laws and regulations. Please refer to http://www.travel.state.gov
for detailed information regarding applicable
fees, third-party requests, certified copies, and frequently asked
questions.
The appropriate methods by which passport records and vital records
may be requested are as follows:
I. Privacy Act of 1974 and Freedom of Information Act
Under the Privacy Act of 1974, individuals have the right to
request access to his or her records at no charge, and to request that
the Department of State amend any such records that s/he believes are
not accurate, relevant, timely, or complete. 5 U.S.C. 552a(d)(3)
(2007). Additionally, third parties may request passport and vital
records information from 1925 to the present, within the guidelines of
the Privacy Act and the Freedom of Information Act, 5 U.S.C. 552
(2007). Written requests for access to or amendment of records must
comply with the Department's regulations published at 22 CFR part 171.
In accordance with 22 CFR 171.32 and 171.33, amendment requests
must include the following information:
Verification of personal identity (including full name,
current address, and date and place of birth), either notarized or
submitted under penalty of perjury;
Any additional information if it would be needed to locate
the record at issue;
A description of the specific correction requested;
An explanation of why the existing record is not accurate,
relevant, timely, or complete; and
Any available documents, arguments, or other data to
support the request.
Requests under the Privacy Act and/or the Freedom of Information
Act must be made in writing to the following office: Office of
Information Programs and Services, U.S. Department of State, SA-2, Room
8100, 515 22nd Street, NW., Washington, DC 20522-8100.
II. Access to Records through the Passport Office Request Process
A. Passport Records
1. 1925 to the Present
Individuals must submit a typed or clearly printed, notarized
request that provides the following information to request passport
records for themselves and/or their minor children:
Full name at birth and any subsequent name changes, and/or
the full name of any minor child or children, if requesting their
records;
Date and place of birth, and/or date and place of birth
for any minor child or children;
Current mailing address;
Current daytime telephone number;
Current e-mail address, if available;
Reason for the request;
Dates or estimated dates the passport was issued;
Passport numbers or any other information that will help
locate the records; and
A copy of the requestor's valid photo identification.
All requests for passport records issued from 1925 to the present
should be mailed to the following address: Department of State,
Passport Services, Law Enforcement Liaison Division, Room 500, 1111
19th Street, NW., Washington, DC 20524-1705.
2. Prior to 1925
The National Archives and Records Administration maintains records
for passport issuances prior to 1925, which may be requested by writing
to the following address: National Archives and Records Administration,
Archives 1, Reference Branch, 8th & Pennsylvania Ave., NW., Washington,
DC.
B. Vital Records--Certificates of Birth Abroad, Report of Death,
Certificate of Witness to Marriage, and Certification of No Record
Submit a signed and notarized written request including all
pertinent facts of the occasion along with a copy of the requester's
valid photo identification. Only the subject, parent, or legal guardian
may request a birth record. The following information must be included
in the request:
General Background Information
Date of request.
Purpose of request.
Document Requesting (Certificate of Birth, Report of
Death, Certificate of Witness of Marriage (prior to 1985), or
Certification of No Record).
Number of documents requesting.
Current mailing address and daytime telephone number.
Facts of Birth, Death, or Marriage
Name (at birth/death/marriage).
Name after adoption (if applicable).
Date of birth/death/marriage.
Country of birth/death/marriage.
Father's name.
Father's date and place (state/country) of birth.
Mother's name.
Mother's date and place (state/country) of birth.
Previous Passport Information
Passport used to first enter the U.S. (if applicable).
Name of bearer.
Date of issuance.
Passport number.
Date of inclusion (if applicable, and if passport was not
issued to the subject).
Current Passport Information
Name of bearer.
Date of issuance.
Passport number.
If requesting an amendment or correction to a Consular Report of
Birth Abroad, please include certified copies of all documents
appropriate for effecting the change (i.e., foreign birth certificate,
marriage certificate, court ordered adoption or name change, birth
certificates of adopting or legitimating parents, etc.). The original
or replacement FS-240, or a notarized affidavit concerning its
whereabouts also must be included.
All requests for vital records through the Passport Office request
process should be mailed to the following address: U.S. Department of
State, Passport Services, Vital Records Section, 1111 19th Street, NW.,
Suite 510, Washington, DC 20522-1705.
RECORD SOURCE CATEGORIES:
These records contain information obtained primarily from the
individual who is the subject of these records; law enforcement
agencies; investigative intelligence sources, investigative security
sources; and officials of foreign governments.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
Certain records contained within this system of records may be
exempt from the requirements of the Privacy Act when it is necessary
to:
[[Page 1664]]
Protect material required to be kept secret in the
interest of national defense and foreign policy;
Prevent individuals that are the subject of investigation
from frustrating the investigatory process, to ensure the proper
functioning and integrity of law enforcement activities, to prevent
disclosure of investigative techniques, to maintain the confidence of
foreign governments in the integrity of the procedures under which
privileged or confidential information may be provided, and to fulfill
commitments made to sources to protect their identities and the
confidentiality of information and to avoid endangering these sources
and law enforcement personnel; or
Preclude impairment of the Department's effective
performance in carrying out its lawful protective responsibilities
under 18 U.S.C. 3056 and 22 U.S.C. 4802.
Records meeting any of the above criteria are exempt from the
following subsections of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G),
(e)(4)(H), (e)(4)(I), and (f) (2007). See 22 CFR 171.36(b)(1), (b)(2),
and (b)(3) (2007).
Dated: December 31, 2007.
Maura Harty,
Assistant Secretary for the Bureau of Consular Affairs, Department of
State.
[FR Doc. E8-202 Filed 1-8-08; 8:45 am]
BILLING CODE 4710-06-P