1660 Federal Register / Vol. 73, No. 6 / Wednesday, January 9, 2008 / Notices 

on persons registered with affiliated broker-dealers 

or operate utilizing a ‘‘black box’’ trading 

technology. 

9The Exchange represents that it will continue to 

conduct examinations of member/participant 

organizations that have chosen to elect an ‘‘inactive 

status.’’ See telephone conversation between 

Cynthia Hoekstra, Vice President, Phlx, and 

Christopher Chow, Special Counsel, Division of 

Trading and Markets, Commission, on January 2, 

2008. 

10Member organizations operating through one or 

more Phlx markets that demonstrated that 25% or 

more of its revenue as reflected on the most recently 

submitted FOCUS report or transactions as reflected 

on its purchase and sales blotter are derived from 

securities transactions on Phlx will continue to be 

exempt from the assessment of the Examinations 

Fee. 

11 15 U.S.C. 78f(b). 

12 15 U.S.C. 78f(b)(4). 

13 15 U.S.C. 78s(b)(3)(A)(ii). 

14 17 CFR 240.19b–4(f)(2). 15 17 CFR 200.30–3(a)(12). 

participant organizations with no offfloor traders in the same member/ 

participant organization would be 

assessed a monthly fee of $2,100, which 

is the same fee that is currently assessed 

on member/participant organizations 

with one to ten off-floor traders. 

Additionally, the Exchange proposes 

to assess the Examinations Fee on 

inactive organizations, thereby 

eliminating the current inactive 

member/participant organization 

exemption.9 As a result, inactive 

member/participant organizations for 

whom the Exchange is the DEA will be 

assessed the Examinations Fee based on 

the number of off-floor traders in that 

inactive member/participant 

organization.10

The Exchange intends to implement 

the Examinations Fee as set forth in this 

proposal beginning January 1, 2008. 

The Exchange states that the purpose 

of revising the Examinations Fee is to 

more efficiently and effectively assess 

member/participant organizations for 

costs in connection with conducting 

examinations of member/participant 

organizations that do not have any offfloor traders for whom the Exchange is 

the DEA and for those that choose to 

elect an ‘‘inactive status.’’

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

the objectives of section 6 of the Act 11

in general, and furthers the objectives of 

section 6(b)(4) of the Act 12 in particular, 

in that it is designed to provide for the 

equitable allocation of reasonable dues, 

fees, and other charges among its 

members and other persons using its 

facilities. According to the Exchange, 

assessing member/participant 

organizations an Examinations Fee as 

set forth in this proposal should more 

efficiently and effectively charge those 

member/participant organizations for 

costs associated with conducting 

examinations of these organizations. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change will impose 

any burden on competition not 

necessary or appropriate in furtherance 

of the purposes of the Act. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

No written comments were either 

solicited or received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing proposed rule change 

has been designated as a fee change 

pursuant to section 19(b)(3)(A)(ii) of the 

Act 13 and Rule 19b–4(f)(2) 14

thereunder, because it establishes or 

changes a due, fee, or other charge 

imposed by the Exchange. Accordingly, 

the proposal took effect upon filing with 

the Commission. At any time within 60 

days of the filing of such proposed rule 

change the Commission may summarily 

abrogate such rule change if it appears 

to the Commission that such action is 

necessary or appropriate in the public 

interest, for the protection of investors, 

or otherwise in furtherance of the 

purposes of the Act. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed rule 

change is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number SR–Phlx–2007–94 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Nancy M. Morris, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–1090. 

All submissions should refer to File 

Number SR–Phlx–2007–94. This file 

number should be included on the 

subject line if e-mail is used. To help the 

Commission process and review your 

comments more efficiently, please use 

only one method. The Commission will 

post all comments on the Commission’s 

Internet Web site (http://www.sec.gov/ 

rules/sro.shtml). Copies of the 

submission, all subsequent 

amendments, all written statements 

with respect to the proposed rule 

change that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule change between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for inspection and copying in 

the Commission’s Public Reference 

Room, 100 F Street, NE., Washington, 

DC 20549, on official business days 

between the hours of 10 a.m. and 3 p.m. 

Copies of such filing also will be 

available for inspection and copying at 

the principal office of the Exchange. All 

comments received will be posted 

without change; the Commission does 

not edit personal identifying 

information from submissions. You 

should submit only information that 

you wish to make available publicly. All 

submissions should refer to File 

Number SR–Phlx–2007–94 and should 

be submitted on or before January 30, 

2008. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.15

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E8–150 Filed 1–8–08; 8:45 am] 

BILLING CODE 8011–01–P 

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: 


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• 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 CounterTerrorism Center, the Department of 

Justice (including components such as 

the FBI), foreign governments, and 

entities such as Interpol, for counterterrorism 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: 

Æ Investigatory reports compiled in 

connection with granting or denying 

passport and related services or 

prosecuting violations of passport 

criminal statutes; 

Æ Transcripts and opinions on 

administrative hearings, appeals and 

civil actions in federal courts; 

Æ Legal briefs, memoranda, judicial 

orders and opinions arising from 

administrative determinations relating 

to passports and citizenship; 

Æ Birth and baptismal certificates; 

Æ Court orders; 

Æ Arrest warrants; 

Æ Medical, personal and financial 

reports; 

Æ Affidavits; 

Æ Inter-agency and intra-agency 

memoranda, telegrams, letters, and 

other miscellaneous correspondence; 

Æ An electronic index of all passport 

application records created since 1978, 

and some passport application records 

created between 1962 and 1978; 

Æ An electronic index of Department 

of State Reports of Birth of American 

Citizens abroad; and/or 

Æ 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: 


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• 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 


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Federal Register / Vol. 73, No. 6 / Wednesday, January 9, 2008 / Notices 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: 


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1664 Federal Register / Vol. 73, No. 6 / Wednesday, January 9, 2008 / Notices 

• 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 

DEPARTMENT OF STATE 

[Public Notice 6056] 

Privacy Act of 1974; System of 

Records 

Summary: This report is submitted in 

compliance with Appendix I to OMB 

Circular Number A–130 entitled 

‘‘Federal Agency Responsibilities for 

Maintaining Records about 

Individuals.’’ The Department of State 

(‘‘Department’’) intends to alter an 

existing system of records, ‘‘Passport 

Records’’ (STATE–26), to reflect 

additional routine uses for the 

information maintained in the Passport 

Records System. 

Purpose: The information collected 

and maintained in the system of records 

entitled ‘‘Passport Records’’ is in 

keeping with the Department’s 

responsibility to adjudicate applications 

for U.S. passports. Proposed alterations 

appear in the routine uses section of the 

system description. The purpose in 

granting access to other entities varies, 

but principally encompasses the 

following functions: 

• 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. 

This Systems of Records Notice 

(SORN) documents an updated list of 

routine uses for records maintained in 

the passport records system to include 

disclosure to the following entities: 

• Department of Homeland Security 

for law enforcement; counterterrorism; 

border patrol, screening, and security 

purposes; fraud prevention activities; 

and 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; 

• 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 that 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 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. 

• 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. 

• 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; 

• Contractor personnel conducting 

data entry, scanning, corrections, and 

modifications, or conducting other 

authorized functions related to passport 

records. 

Authority: The authority for maintaining 

this system is derived from the Secretary of 

State’s authorities with respect to the 

following provisions: Granting and Issuing 

U.S. Passports, 22 U.S.C. 211a–218, 2651a, 

2705 (2007), and Executive Order 11295, 

August 5, 1966, 31 FR 10603; the Acquisition 

and Loss of U.S. Citizenship or U.S. 

Nationality, 8 U.S.C. 1401–1503 (2007); 

Travel Control of Citizens, 8 U.S.C. 1185 

(2007); and Crimes and Criminal Procedure 

connected to U.S. Passport Applications and 

Use, 18 U.S.C. 911, 1001, and 1541–1546 

(2007). 

Impact on Privacy: The information 

collected and maintained in the system 

of records is necessary to accomplish 

the Department’s mission as stated 

above. The Department believes the 

system offers suitably rigorous 

protection of privacy under the Privacy 

Act to the individuals covered by the 

system of records. Each of the above 

users either has been granted access to 

the passport database, or has been given 

passport information taken from the 

database, in order to facilitate these 

entities as they address issues and 

problems of a legal, investigative, 

technical, or procedural nature that may 

arise pursuant to an application for or 

any use of a U.S. passport. In granting 

access or providing information from 

the passport database to a routine user, 

the Department takes appropriate steps 

to limit disclosure to only the specific 

data elements required by each routine 

user in the performance of its mission, 

not all items of information that the 

Department maintains about an 

individual. To this end, the Department 

has established varying levels of access 

that are tailored to release the minimum 

amount of data necessary to support the 

attendant routine use. 

Prior to granting access to the 

passport system of records for a 

proposed routine use, partner agencies 

generally enter into a Memorandum of 

Understanding (MOU) with the 

Department that establishes the 

parameters that guide and limit the use. 

In addition, these MOUs establish the 

partner agency’s responsibilities in 


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