[Federal Register Volume 65, Number 233 (Monday, December 4, 2000)]
[Notices]
[Pages 75761-75763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30812]


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DEPARTMENT OF STATE

[Public Notice 3487]


Privacy Act of 1974; Altered System of Records

    Notice is hereby given that the Department of State proposes to 
alter two existing systems of records, STATE-35 and STATE-40, pursuant 
to the provisions of the Privacy Act of 1974, as amended (5 U.S.C. 522a 
(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 November 27, 2000.
    It is proposed that the current systems STATE-35 and STATE-40 will 
be merged and renamed ``Information Access Programs Records,'' and due 
to the expanded scope of the current system, the altered system 
description will include revisions and/or additions to all other 
sections. Relevant information in STATE-40 has been incorporated in 
STATE-35 and STATE-40 will be deleted in the near future. Changes to 
the existing system descriptions are proposed in order to reflect more 
accurately the Bureau of Administration's record-keeping systems and a 
reorganization of activities and operations.
    Any person interested in commenting on these altered systems of 
records may do so by submitting comments in writing to Margaret Peppe, 
Chief; Programs and Policies Division; Office of IRM Programs and 
Services; A/RPS/IPS/PP; U.S. Department of State, SA-2; Washington, 
D.C. 20522-6001.
    This system of records will be effective 40 days from the date of 
publication, unless we receive comments that will result in a contrary 
determination.
    The altered system description, ``Information Access Programs 
Records, STATE-35'' will read as set forth below.

    Dated: November 27, 2000.
Patrick F. Kennedy,
Assistant Secretary for the Bureau of Administration, Department of 
State.
STATE-35

System Name:
    Information Access Programs Records.

Security Classification:
    Unclassified and classified.

System Location:
    Department of State; SA-2; 515 22nd Street, NW; Washington, DC 
20522-6001.

Categories of individuals covered by the system:
    Individuals requesting access to Department of State records under 
the Freedom of Information Act, the Privacy Act, the Ethics in 
Government Act, the access provisions of Executive Order 12958 or a 
successor order on national security information, and Touhy 
regulations. Also covered are individuals requesting access to 
Department of State records pursuant to certain other authorities for 
special documents requests and discovery and litigation support 
requests.

Categories of records in the system:
    These records contain information documenting the processing of all 
requests pursuant to the Freedom of Information Act, the Privacy Act, 
the

[[Page 75762]]

Ethics in Government Act, and Executive Order 12958 or a successor 
order on national security information, for access to State Department 
records. This includes the request letter and Department responses, a 
copy of responsive records (if applicable) and any other 
correspondence, memoranda, interrogatories and declarations related to 
the processing of the request from the initial receipt stage through to 
completion, amendment, appeal and litigation. Hard copy records, for 
example, could include correspondence between the Department of State 
and the requester and other federal agencies pertaining to the request. 
Electronic records may contain the date of the request; requester's 
name and address; type of case; case number; dates of acknowledgement; 
fee categories; search and review taskings; number of documents/pages 
found, reviewed and released or denied; date of response and, where 
applicable, the exemptions applied. These files may contain names, 
addresses and phone numbers of attorneys, law firms, judges and U.S. 
attorneys involved with the processing or litigation of the case as 
well as separate but related court decisions.

Authority for maintenance of the system:
    5 U.S.C. 301 (Management of the Department of State); 5 U.S.C. 552 
(Freedom of Information Act); 5 U.S.C. 552a (Privacy Act); 22 U.S.C. 
2651a (Organization of the Department of State); 22 U.S.C. 3921 
(Management of Foreign Service) and Executive Order 12958 (Classified 
National Security Information).

Purpose(s):
    The information contained in the Information Access Programs 
Records is created, collected, and maintained by the Office of IRM 
Programs and Services in the administration of its responsibility as 
the State Department's centralized authority for processing requests 
for access; amendments; appeals; special projects for Congress, the 
General Accounting Office, and the Department of Justice in support of 
court orders and subpoenas; discovery, litigation support, and 
litigation pursuant to the Freedom of Information Act, the Privacy Act, 
the Ethics in Government Act, Executive Order 12958 or a successor 
order on national security information, and Touhy regulations.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Information in the Information Access Programs Records is used or 
disseminated as follows:
    --To formulate a response to requests for access to Department of 
State records and subsequent amendment requests, appeals and 
litigation;
    --By Department of State officials in the execution of their 
responsibilities;
    --By other government agencies that have custody of Department of 
State records or that share with the Department responsibility for 
granting access to certain categories of records, to coordinate 
decisions on access to records;
    --By other government agencies for concurrence reviews in 
recommendations for access to classified or restricted material and in 
making appropriate arrangements for such access;
    --In a proceeding before a court or adjudicative body, when the 
agency, or any component thereof, or any employee of the agency in his 
or her official capacity, is a party to litigation or has an interest 
in such litigation, and the agency determines that use of such records 
is relevant and necessary to the litigation;
    --To the Department of Justice for the purpose of obtaining its 
advice on any aspect of the processing of any requests for information 
under the access provisions of the laws or in connection with 
litigation;
    --To an actual or potential party to litigation or the party's 
attorney for the purpose of negotiation or discussion on such matters 
as settlement of the case or matter, plea bargaining or in formal or 
informal discovery proceedings;
    --By the Office of Management and Budget, National Archives and 
Records Administration and the Interagency Security Oversight Office, 
for the purpose of obtaining its advice regarding agency obligations 
under the Privacy Act or other access provisions of law;
    --By the Interagency Security Classification Appeals Panel and 
member agencies for the purpose of obtaining its advice regarding 
agency obligations under the Privacy Act or other access provisions of 
law;
    --In response to a properly issued subpoena; and
    --By National Archives and Records Administration and the General 
Services Administration in records management inspections conducted 
under the authority of 44 U.S.C. 2904 and 2906.
    Also see ``Routine Uses'' paragraphs of the Prefatory Statement 
published in the Federal Register.

Policies and practices for storing, retrieving, accessing, retaining 
and disposing of records in the system:
Storage:
    Hard copy, electronic media.

Retrievability:
    Individual name, case number.

Safeguards:
    All employees of the Department of State have undergone a thorough 
background security investigation. 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. 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 and disposal:
    These records will be maintained until they become inactive, at 
which time they will be destroyed or retired according to published 
records 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 IRM Programs and 
Services; SA-2; Department of State; 515 22nd Street, NW; Washington, 
DC 20522-6001.

Systems manager(s) and address:
    Director, Office of IRM Programs and Services, SA-2; Department of 
State; 515 22nd Street, NW; Washington, DC 20522-6001.

Notification procedure:
    Individuals who have reason to believe that the Office of IRM 
Programs and Services might have records maintained under their name or 
personal identifier should write to the Director, Office of IRM 
Programs and Services; SA-2; Department of State; 515 22nd Street, NW; 
Washington, DC 20522-6001. The individual must specify that he/she 
wishes the Information Access Programs Records to be checked. At a 
minimum, the individual must include: name; date and place of birth; 
current mailing address and zip code; signature; and case number if 
available.

[[Page 75763]]

Record access and amendment procedures:
    Individuals who wish to gain access to or amend records pertaining 
to themselves should write to the Director, Office of IRM Programs and 
Services (address above).

Record source categories:
    These records may contain information obtained from the requester, 
attorneys representing the requester and others authorized to represent 
requesters, records systems searched, and officials of other government 
agencies who may have provided/referred information relative to the 
request including but not limited to documents, advice, concurrence, 
recommendations and disclosure determinations.

Systems exempted from certain provisions of the Act:
    Pursuant to 5 U.S.C. 552a (j)(2), (k)(1), (k)(2), (k)(5), and 
(k)(6) records in this system of records may be exempted from 5 U.S.C. 
522a (c)(3) and (4), (d), (e)(1), (e)(4)(G), (H), and (I) and (f).

[FR Doc. 00-30812 Filed 12-1-00; 8:45 am]
BILLING CODE 4710-05-U