STATE-26, Passport Records

Volume 80, Number 56
Tuesday, March 24, 2015
Public Notice 9068; Page 15653
Privacy Act; System of Records: Passport
Records, State-26
SUMMARY: Notice is hereby given that
the Department of State proposes to amend
an existing system of records, Passport
Records, State-26, pursuant to the provisions
of the Privacy Act of 1974, as amended (5
U.S.C. 552a) and Office of Management and
Budget Circular No. A-130, Appendix I.
DATES: This system of records will be
effective on May 4, 2015, unless we receive
comments that will result in a contrary
determination.
ADDRESSES: Any persons interested in
commenting on the amended system of
records may do so by writing to the
Director; Office of Information Programs
and Services, A/GIS/IPS; Department of
State, SA-2; 515 22nd Street NW.,
Washington, DC 20522-8100.
FOR FURTHER INFORMATION
CONTACT: John Hackett, Acting Director;
Office of Information Programs and
Services, A/GIS/IPS; Department of State,
SA-2; 515 22nd Street NW., Washington,
DC 20522-8100, or at Privacy@state.gov.
SUPPLEMENTARY INFORMATION:
The Department of State proposes that the
current system retain the name ``Passport
Records'' (previously published at 76 FR
39466). The information maintained in the
Passport Services records is used to establish
the U.S. nationality 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 and
counterterrorism purposes. The proposed
system will include modifications to the
following sections: Categories of
Individuals, Routine Uses, Retrievability,

Notification Procedure, Record Access and
Amendment Procedures, and administrative
updates.
The Department's report was filed with the
Office of Management and Budget. The
amended system description, ``Passport
Records, State-26,'' will read as set forth
below.
Joyce A. Barr,
Assistant Secretary for Administration,
U.S. Department of State.
STATE-26
SYSTEM NAME:
Passport Records.
SECURITY CLASSIFICATION:
Classified and Unclassified.
SYSTEM LOCATION:
Department of State, Passport Services,
Vital Records Section, 44132 Mercure Cir,
PO Box 1213, Sterling, VA 20166-1213.
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) Applied to document the birth of a U.S.
citizen born abroad;
(d) Were issued a Consular Report of Birth
Abroad of U.S. citizens or for whom
Certifications (s) of Birth have been issued;
(e) Were born in and/or died in the former
Panama Canal Zone prior to October 1979;
(f) Registered at U.S. diplomatic or
consular posts as U.S. citizens living or
traveling abroad prior to 1990;
(g) Were issued Cards of Registration and
Identity as U.S. citizens;
(h) Were issued Certificates of Loss of
Nationality of the United States by the
Department of State;

(i) Applied at U.S. diplomatic or consular
posts for issuance of Certificates of Witness
to marriage and individuals who have been
issued Certificates of Witness to Marriage
prior to 1989;
(j) Deceased individuals for whom a Report
of Death of a U.S. Citizen Abroad has been
obtained;
(k) 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 nor service(s);
(l) Have previous passport records that must
be reviewed before further action can be
taken on their passport application or request
for other consular services;
(m) Requested their own or another's
passport records under FOIA or Privacy Act,
whether successfully or not; or
(n) Have corresponded with Passport
Services concerning various aspects of the
issuance or denial of a specific applicant's
U.S. passport books or cards.
CATEGORIES OF RECORDS IN THE
SYSTEM:
Passport Services maintains U.S. passport
records for passports issued from 1925 to
present, as well as vital records related to
births abroad, deaths, and witnesses to
marriage 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:
(a) Passport books and passport cards
(``passports''), applications for passports,
and applications for additional visa pages,
amendments, extensions, replacements,
and/or renewals of passports (including all
information and materials submitted as part
of or with all such applications);
(b) Applications for registration at U.S.
diplomatic and consular posts as U.S.

citizens or for issuance of Cards of Identity
and Registration as U.S. citizens;
(c) Consular Reports of Birth Aboard of
United States citizens;
(d) Panama Canal Zone birth and death
certificates;
(e) Certificates of Witness to Marriage;
(f) Certificates of Loss of United States
Nationality;
(g) Oaths of Repatriation;
(h) Consular Certificates of Repatriation;
(i) Reports of Death of a U.S. Citizen
Abroad;
(j) Cards of Identity and Registration as
U.S. citizens;
(k) Lookout files which identify those
persons whose applications for a consular or
related services required other than routine
examination or action;
(l) Lost, Stolen or Revoked passport status;
and
(m) 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:
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;
Copies of state-issued driver's licenses and
identity cards;
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/or
An electronic index of Department of State
Reports of Birth of U.S. Citizens Abroad,
and Consular Reports of Death Abroad.
AUTHORITY FOR MAINTENANCE
OF THE SYSTEM:
(a) 8 U.S.C. 1401-1503 (2010) (Acquisition
and Loss of U.S. Citizenship or U.S.
Nationality; Use of U.S. Passport);
(b) 18 U.S.C. 911, 1001, 1541-1546 (2010)
(Crimes and Criminal Procedure);
(c) 22 U.S.C. 211a-218, 2651a, 2705
(2010); 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 (2010) (Travel Control of
Citizens).
PURPOSE(S):
The information maintained in the Passport
Services records is used to establish the U.S.
nationality 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 and
counterterrorism purposes.
ROUTINE USES OF RECORDS
MAINTAINED IN SYSTEM,
INCLUDING CATEGORIES OF USERS
AND PURPOSES OF SUCH USES:
The principal users of this information
outside the Department of State include the
following users:
(a) Department of Homeland Security for
border patrol, screening, and security
purposes; law enforcement,
counterterrorism, and fraud prevention
activities; for verification of passport

validity to support employment eligibility
and identity corroboration for public and
private employment through E-verify, and
for assisting U.S. state or territory driver's
licensing or identification issuing authorities
seeking to confirm the authenticity of the
U.S. passport when it is presented as
evidence of identity, nationality, and/or
lawful status to acquire a driver's license or
identification card;
(b) Department of Justice, including the
Federal Bureau of Investigation, the Bureau
of Alcohol, Tobacco, Firearms and
Explosives, the U.S. Marshals Services, and
other components, for law enforcement,
counterterrorism, firearms sales and
purchases in accordance with 18 U.S.C. 922,
border security, fraud prevention, and
criminal and civil litigation activities;
(c) Internal Revenue Service for the mailing
and permanent addresses of specifically
identified taxpayers in connection with
pending actions to collect taxes accrued,
examinations, and/or other tax-related
assessment and collection activities; and an
annual transmission of certain data from
applications of those U.S. citizens residing
abroad consistent with applicable
requirements of 26 U.S.C. 6039E;
(d) INTERPOL and other international
organizations for law enforcement,
counterterrorism, fraud prevention, and
criminal activities related to lost and stolen
passports;
(e) National Counterterrorism Center to
support strategic operational planning and
counterterrorism intelligence activities;
(f) 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;

(g) 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;
(h) Federal law enforcement and
intelligence agencies to support their efforts
in identifying, verifying identity, and
investigating individuals potentially
involved in or associated with criminal or
terrorist activities and individuals with other
ties or connections to terrorism who may
pose a threat to the United States;
(i) 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;
(j) 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;
(k) Department of Defense for the purpose
of responding to inquiries from U.S. military
installations concerning the current status of
diplomatic, official, or no-fee regular
passport applications of Department of
Defense personnel and eligible family
members;
(l) Immediate family when the information
is necessary as a result of a serious and
emergency situation, and for the benefit of
the subject;
(m) 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;

(n) 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;
(o) Members of Congress, at the request of
the individual to whom the record pertains;
(p) Contractor personnel conducting data
entry, scanning, corrections, and
modifications on behalf of an agency and for
a purpose otherwise covered by this Notice;
(q) Commercial vendors conducting
applicant identity verification against
commercial databases upon request of the
Department of State;
(r) 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;
(s) U.S. state vital records issuing
authorities for the purpose of confirming or
validating a U.S. passport when it is
presented as evidence to acquire certified
copies of vital records;
(t) The National Association for Public
Health Statistics and Information Systems
for the purpose of verifying a Consular
Report of Birth Abroad presented as
evidence of nationality and/or lawful status
when acquiring a driver's license or
identification card at a U.S. state or territory
driver's licensing or identification issuing
authority; and
(u) 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.
The Department of State periodically
publishes in the Federal Register its standard
routine uses that apply to all of its Privacy

Act systems of records. These notices
appear in the form of a Prefatory Statement.
These standard routine uses apply to the
Passport Records, State-26.
POLICIES AND PRACTICES FOR
STORING, RETRIEVING,
ACCESSING, RETAINING AND
DISPOSING OF RECORDS IN THE
SYSTEM:
STORAGE:
Hard copy, electronic media.
RETRIEVABILITY:
By individual name, date and place of birth,
social security number, passport book or
passport card number.
SAFEGUARDS:
All users are given cyber security
awareness training which covers the
procedures for handling Sensitive but
Unclassified information, including
personally identifiable information (PII).
Annual refresher training is mandatory. In
addition, all Foreign Service and Civil
Service employees and those Locally
Employed Staff (LES) who handle PII are
required to take the Foreign Service Institute
distance learning course instructing
employees on privacy and security
requirements, including the rules of behavior
for handling PII and the potential
consequences if it is handled improperly.
Before being granted access to Passport
Records a user must first be granted access
to the Department of State computer system.
Remote access to the Department of State
network from non-Department owned
systems is authorized only to unclassified
systems and only through a Departmentapproved access program. Remote access to
the network is configured with the Office of
Management and Budget Memorandum M07-16 security requirements, which include
but are not limited to two-factor
authentication and a time-out function.
All Department of State employees and
contractors with authorized access have

undergone a thorough background security
investigation. Access to the Department of
State, its annexes and posts abroad is
controlled by security guards and admission
is limited to those individuals under proper
escort. All paper records containing personal
information are maintained in secured file
cabinets in restricted areas, access to which
is limited to authorized personnel. Access to
computerized files is password-protected
and under the direct supervision of the
system manager. The system manager has
the capability of printing audit trails of
access from the computer media, thereby
permitting regular and ad hoc monitoring of
computer usage. When it is determined that
a user no longer needs access, the user
account is disabled.
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 Director,
Office of Information Programs and
Services, A/GIS/IPS, SA-2, Department of
State, 515 22nd Street NW., Washington,
DC 20522-8100.
SYSTEM MANAGER AND ADDRESS:
Deputy Assistant Secretary of State for
Passport Services, 600 19th Street NW.,
Fourth Floor, Washington, DC 20431.
NOTIFICATION PROCEDURE:
An individual seeking to determine whether
Passport Services maintains records must
submit a signed and notarized written
request or a written declaration signed and
dated under penalty of perjury pursuant to
28 U.S.C. 1746 and include all pertinent
facts associated with the occasion or
justification for the request, along with a
copy of both sides of the requester's valid
government issued photo identification.

Only the subject, a parent, authorized legal
representative, or legal guardian may request
notification of whether the system of records
contains a record pertaining to the subject.
The following information must be included
in the request:
(a) General Background Information
Date of request
Purpose/Justification for request
Document requested
Number of documents requested
Current mailing address, daytime telephone
number, email address
Each parent's name
Each parent's date and place (state/country)
of birth
(b) Previous Passport Information (if
known)
Date of issuance
Passport number
Date of inclusion (If applicable, and if
passport was issued in another name but
included the subject)
(c) Current Passport Information
Name of bearer
Date of issuance
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, STATE05, when it pertains to registration,
citizenship, birth, or death records
transferred from STATE-05 to STATE-26.
Requests should be mailed to the following
address: U.S. Department of State, Office of
Law Enforcement Liaison Division,
CA/PPT/S/L/LE, 44132 Mercure Circle,
P.O. Box 1227, Sterling, VA 20166-1227.
Responses to such requests will consist of a
letter indicating that the records that exist in
the passport records system. Additional
information regarding applicable fees, thirdparty requests, certified copies, and
frequently asked questions is available at

http://www.travel.state.gov/passport/service
s/copies/copies.
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
their name and the records of their minor
children under the Privacy Act of 1974, 5
U.S.C. 552a. Alternatively, third parties may
request access to records under the
guidelines of the Freedom of Information
Act, 5 U.S.C. 552. 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, thirdparty requests of 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 their
records at no charge, and to request that the
Department of State amend any such records
that they believe are not accurate, relevant,
timely or complete, 5 U.S.C. 552a(d)(2) .
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. Written
requests for access to or amendment of
records must comply with the Department's
regulations published at 22 CFR part 171.

Please see 22 CFR 171 for a complete list
of requirements for a request for access to
records. In accordance with 22 CFR part
171, amendment requests must include the
following information:
(a) A verification of personal identity
(including full name, current address, and
date and place of birth), either notarized or
signed and dated under penalty of perjury
pursuant to 28 U.S.C. 1746;
(b) Any additional information if it would
be needed to locate the record at issue;
(c) A description of the specific correction
requested;
(d) An explanation of why the existing
record is not accurate, relevant, timely or
complete; and
(e) Any available documents, arguments or
other data to support the request.
Requests for Passport Records under the
Privacy Act and/or the Freedom of
Information Act must be made in writing to
the following office: U.S. Department of
State, Office of Law Enforcement Liaison
Division, CA/PPT/S/L/LE, 44132 Mercure
Circle, P.O. Box 1227, Sterling, VA 201661227.
II. Access to Records through the Passport
Office Requests Process
A. Passport Records
1. 1925 to the Present
An individual seeking Passport Records
must submit a signed and notarized written
request or a written declaration signed and
dated under penalty of perjury pursuant to
28 U.S.C. 1746 and include all pertinent
facts associated with the occasion or
justification for request, along with a copy
of both sides of the requester's valid
government-issued photo identification.
Only the subject, a parent or guardian of a
minor child, or authorized representative or
designee, or law enforcement authority may
request for notification of whether the
system of records contains a record
pertaining to the subject. The following

information must be included in the request
(Please refer to 22 CFR 171 for a complete
list of requirements):
General Background Information
Date of request
Purpose/Justification for request
Document requested
Number of documents requested
Current mailing address, daytime telephone
number, email address
Each parent's name, date and place
(state/country) of birth
Previous Passport Information (if known)
Date of issuance
Passport number
Date of inclusion (and, if applicable,
whether passport was issued in another
name but included the requestor)
Current Passport Information
Name of bearer
Date of issuance
Passport number (if known)
All requests for passport records issued
from 1925 to the present should be
submitted to the following address: U.S.
Department of State, Office of Law
Enforcement Liaison Division,
CA/PPT/S/L/LE, 44132 Mercure Circle,
P.O. Box 1227, Sterling, VA 20166-1227.
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 20408-0002.
B. Vital Records--Consular Reports of Birth
Abroad, Consular Reports of Death Abroad,
Certificate of Witness to Marriage, Panama
Canal Zone Birth and Death Certificates,
and Certification of No Record
An individual seeking Passport Records
must submit a signed and notarized written
request or a written declaration signed and

dated under penalty of perjury pursuant to
28 U.S.C. 1746 and include all pertinent
facts associated with the occasion or
justification for request, along with a copy
of both sides of the requester's valid
government issued photo identification.
Only the subject, a parent or guardian of a
minor child, or authorized representative or
designee, may request for notification of
whether the system of records contains a
record pertaining to him/her. The following
information must be included in the request
(Please refer to 22 CFR part 171 for a
complete list of requirements):
General Background Information
Date of request
Purpose of request
Document Requested (Consular Reports of
Birth Abroad, Consular Report of Death
Abroad, Certificate of Witness of Marriage
(prior to 1985), Panama Canal Zone birth or
death certificate, or Certification of No
Record).
Number of documents requested
Current mailing address and daytime
telephone number
Facts of Birth, Death, or Marriage
Name (at birth/death/marriage)
Name after adoption (if applicable)
Country of birth/death/marriage
Each parent's full name and date and place
(state/country) or birth
Previous Passport Information (if known)
Passport used to first enter the United
States (if applicable).
Name of bearer
Date of issuance
Passport number
Date of inclusion (if applicable, and if
passport was issued in another name but
included the subject)
Current Passport Information
Name of bearer
Date of issuance
Passport number (if known)

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.) If the subject has reached the
age of majority, only the subject can request
the record be amended or corrected. The
original or replacement FS-240, or a
notarized affidavit concerning its
whereabouts also must be included.
All requests for consular vital records
through the Passport Office request process
should be mailed to the following address:
Department of State, Passport Services,
Vital Records Section, 44132 Mercure Cir,
PO Box 1213, Sterling, VA 20166-1213.
CONTESTING RECORD
PROCEDURES:
See above.
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.
SYSTEM EXEMPTED FROM
CERTAIN PROVISIONS OF THE ACT:
Pursuant to 5 U.S.C. 552a (k)(1), (k)(2),
and (k)(3), certain records contained within
this system of records may be exempt from
subsections 5 U.S.C. 552a (c)(3), (d), (e)(1);
(e)(4)(G), (e)(4)(H), (e)(4)(I) and (f).