[Federal Register Volume 88, Number 222 (Monday, November 20, 2023)]
[Notices]
[Pages 80804-80809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25571]
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DEPARTMENT OF STATE
[Public Notice: 12265]
Privacy Act of 1974; System of Records
AGENCY: Department of State.
ACTION: Notice of a modified system of records.
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SUMMARY: This system of records comprises information gathered in
connection with the Department's role in providing consular assistance
to U.S. citizens overseas, and its role as the United States Central
Authority under the Hague Adoption and Abduction Conventions.
DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this system of
records notice is effective upon publication, with the exception of
routine uses E, F, G, K, M, N, O, P, R, S, U, V, W, X, Y, Z, AA, CC,
DD, EE, FF, GG, HH, II, JJ, KK, LL, MM, and NN that are subject to a
30-day period during which interested persons may submit comments to
the Department. Please submit any comments by December 20, 2023.
ADDRESSES: Questions can be submitted by mail, email, or by calling
Eric F. Stein, the Senior Agency Official for Privacy, on (202) 485-
2051. If by mail, please write to: U.S. Department of State; Office of
Global Information Systems, A/GIS; 2201 C St. NW, Room 4534;
Washington, DC 20520. If email, please address the email to the Senior
Agency Official for Privacy, Eric F. Stein, at [email protected].
Please write ``Overseas Citizens Services Records and Other Overseas
Records, State-05'' on the envelope or the subject line of your email.
FOR FURTHER INFORMATION CONTACT: Eric F. Stein, Senior Agency Official
for Privacy; U.S. Department of State; Office of Global Information
Services, A/GIS; 2201 C St., Room 4534 NW; Washington, DC 20520 or by
calling (202) 485-2051.
SUPPLEMENTARY INFORMATION: The modified system of records notice
includes revisions and additions to the following sections: Authority
for Maintenance of the System; Purpose(s) of the System; Categories of
Individuals Covered by the System; Categories of Records in the System;
Record Source Categories; Routine Uses; Policies and Practices for
Storage of Records; Policies and Practices for Retention and Disposal
of Records; Administrative, Technical, and Physical Safeguards. In
addition, this notice makes administrative updates to the following
sections: Record Access Procedures, Contesting Record Procedures,
Notification Procedures, and History. This notice is being modified to
reflect the Department's move to cloud storage, new OMB guidance,
updated contact information, new routine uses compatible with the
provision of consular assistance, additional cited authorities, and a
notice publication history.
System Name and Number: Overseas Citizens Services Records and
Other Overseas Records, State-05.
Security Classification: Unclassified and Classified.
System Location: Department of State, Bureau of Consular Affairs,
Overseas Citizens Services, SA-17, 10th Floor, Washington, DC 20522-
1710 and overseas at U.S. embassies, U.S. consulates general, U.S.
consulates, and U.S. consular agencies. Records may also be located
within a government cloud provided, implemented, and overseen by the
Department's Enterprise Server Operations Center (ESOC) 2201 C Street
NW, Washington, DC 20520.
System Manager(s): Deputy Assistant Secretary for Overseas Citizens
Services; SA-17, 10th Floor, Washington, DC 20522-1710 at (202) 485-
6044. At overseas locations, the onsite system manager is the Chief of
the Consular Section or another Department of State employee with
responsibility for consular services as provided by the post in
question.
Authority for Maintenance of the System:
(a) 8 U.S.C. 1104 (Powers and Duties of the Secretary of State);
(b) 22 U.S.C. 2656 (Management of foreign affairs);
(c) 22 U.S.C. 3904 (Functions of the Foreign Service, including
protection of U.S. citizens in foreign countries pursuant to the Vienna
Convention on Consular Relations and providing assistance to other
agencies);
(d) 22 U.S.C. 211a et seq. (Passport application and issuance);
(e) 22 U.S.C. 2705 (Documentation of citizenship);
(f) 8 U.S.C. 1501-1504 (Adjudication of possible loss of
nationality and cancellation of U.S. passports and CRBAs);
(g) 22 U.S.C. 1731 (Protection of naturalized U.S. citizens in
foreign countries);
(h) 22 U.S.C. 1732 (Release of citizens imprisoned by foreign
governments);
(i) 22 U.S.C. 2671(b)(2)(A)-(B) and (d) (Evacuation assistance and
repatriation loans for destitute U.S. citizens abroad);
(j) 22 U.S.C. 2670(j) (Provision of emergency medical, dietary and
other assistance);
(k) 22 U.S.C. 4802 (Overseas evacuations);
[[Page 80805]]
(l) 22 U.S.C. 2151n-1 (Assistance to arrested citizens) (Repealed,
but applicable to past records);
(m) 22 U.S.C. 5503-5511 (Aviation disaster response);
(n) 22 U.S.C. 2715 (Procedures regarding major disasters and
incidents abroad affecting United States citizens);
(o) 22 U.S.C. 2715a (Responsibility to inform victims and their
families regarding crimes against U.S. citizens abroad);
(p) 22 U.S.C. 2715b (Notification of next of kin of death of U.S.
citizens in foreign countries);
(q) 22 U.S.C. 2715c (Conservation and Disposition of Estates);
(r) 22 U.S.C. 4195, 4196 (Official notification of death of U.S.
citizens in foreign countries; transmission of inventory of effects)
(22 U.S.C. 4195 repealed, but applicable to past records);
(s) 22 U.S.C. 2729 (State Department records of overseas deaths of
United States citizens from nonnatural causes);
(t) 22 U.S.C. 4197 (Assistance with disposition of estates of U.S.
citizens upon death in a foreign country);
(u) 22 U.S.C. 4198 (Bond as Administrator or Guardian; Action on
Bond);
(v) 22 U.S.C. 4193, 4194; 22 U.S.C. 4205-4207; 46 U.S.C. 10308,
10309, 10318 (Merchant seamen protection and relief);
(w) 22 U.S.C. 256 (Jurisdiction of consular officers in disputes
between seamen);
(x) 46 U.S.C. 10704-10705 (Responsibility for deceased seamen and
their effects);
(y) 22 U.S.C. 4215, 4221 (Administration of oaths, affidavits, and
other notarial acts);
(z) 28 U.S.C. 1740, 1741 (Authentication of documents);
(aa) 28 U.S.C. 1781-1785 (Judicial Assistance to U.S. and foreign
courts and litigants);
(bb) 28 U.S.C. 1608 (Service on a Foreign State);
(cc) 28 U.S.C. 1696 (Service in International and Foreign
Litigation);
(dd) 42 U.S.C. 14901-14954; Intercountry Adoption Act of 2000,
(Assistance with intercountry adoptions under the Hague Intercountry
Adoption Convention, maintenance of related records);
(ee) 22 U.S.C. 9001-9011, International Child Abduction Remedies
Act (Assistance to applicants in the location and return of children
wrongfully removed or retained or for securing effective exercise of
rights of access);
(ff) 22 U.S.C. 9101, 9111-9114, 9121-9125, 9141, International
Child Abduction Prevention and Return Act of 2014 (Reporting
requirements, prevention measures, and other assistance on
international parental child abduction cases);
(gg) 6 U.S.C. 241, Prevention of International Parental Child
Abduction;
(hh) 42 U.S.C. 1973ff-1973ff-6 (Overseas absentee voting);
(ii) 42 U.S.C. 402 (Social Security benefits payments);
(jj) 50 U.S.C. App. 453, 454, Presidential Proclamation No. 4771,
July 2, 1980 as amended by Presidential Proclamation 7275, February 22,
2000 (Selective Service registration), and
(kk) 22 U.S.C. 3306 (Services to United States citizens on Taiwan).
Purpose(s) of the System: The primary purpose of this system of
records is the furtherance of the Department of State's
responsibilities to provide consular protection and services for U.S.
citizens overseas, as well as its responsibilities as the United States
Central Authority under the Hague Adoption and Abduction Conventions.
Such responsibilities relate to matters including but not necessarily
limited to: adjudication of claims relating to acquisition (providing
Consular Report of Birth Abroad and passport services) or loss of U.S.
citizenship; assistance to individuals abroad, including in death
cases, loan and destitution cases, welfare and whereabouts cases,
prisoner (including prisoner transfer) cases, arrest cases, hostage and
kidnapping cases; assistance to minors, including to children who may
be victims of abuse, neglect, or who are abandoned or runaways;
assistance to individuals involved in child support enforcement
proceedings; persons collecting federal benefits overseas; resolution
of property, estate, and benefits claims arising under pertinent law;
assistance to individuals involved in intercountry adoption cases and
in possible or actual international child custody disputes and/or
international parental child abduction cases, including the fulfillment
of the Department's obligations and duties as the United States Central
Authority under the Hague Adoption and Abduction Conventions and
related authorities; and oversight of accredited and approved adoption
service providers and the designated accrediting entities for
intercountry adoption.
Categories of Individuals Covered by the System: Individuals,
assisted by or who otherwise interact with the Department of State's
Directorate of Overseas Citizens Services (OCS), within the Bureau of
Consular Affairs, or by or with consular personnel overseas, who: (a)
seek to establish a claim to U.S. nationality or inquire about possible
loss of U.S. nationality; (b) apply for U.S. passports and/or Consular
Reports of Birth of a U.S. Citizen Abroad; (c) register as U.S. persons
living, studying, working, or traveling abroad to include U.S. persons
who have demonstrated an intention to travel outside the United States
through registering in the Department of State's Smart Traveler
Enrollment Program; (d) request and/or receive information or
assistance regarding travel abroad; (e) seek assistance from U.S.
embassies and/or consulates overseas or from OCS; (f) initiate requests
relating to another U.S. citizen's welfare and whereabouts or are
themselves the subjects of such requests; (g) are reported as or are
otherwise believed to be missing or held hostage overseas; (h) are or
may be a victim of a crime abroad; (i) are involved in a case of child
welfare abroad, including children who may be victims of abuse,
neglect, or who are abandoned or are runaways; (j) are involved in a
child support enforcement proceeding; (k) request and/or receive
temporary refuge in a U.S. embassy or consulate; (l) request to be and/
or are evacuated to the United States or a third country as a result of
a civil disorder, natural disaster, or other emergency overseas; (m)
request and/or receive assistance, including financial assistance, for
repatriation and/or emergency needs; (o) are detained, arrested, or
incarcerated overseas and/or their families; (p) request and/or receive
notarial or authentication services or judicial assistance; (q) die
overseas or are involved in the disposition of a decedent's personal
estate; (r) have or assert an interest in property (real or personal)
abroad; (s) are living overseas and claim or receive federal benefits;
(t) have sought or received assistance or benefits by virtue of having
been held hostage overseas or because of their relationship with a
person held hostage overseas; (u) vote in U.S. federal and/or state
elections while overseas; (v) register with the U.S. Selective Service
System while living overseas; (w) are seamen inquiring about consular
services; (x) request and/or receive information or assistance
regarding the Children's Passport Issuance Alert Program, and/or other
international parental child abduction prevention programs; (y) are
involved in a possible or actual international child custody dispute
and/or international parental child abduction case (covered individuals
may include parents and/or guardians, child(ren), and/or any other
parties to the case or dispute), including but not limited to a Hague
Abduction Convention proceeding for return of or
[[Page 80806]]
access to a child; (z) seek to adopt and/or adopt a child from a
foreign country; (aa) participate in the intercountry adoption process;
(bb) are children who are eligible for intercountry adoption and/or are
adopted, and either immigrate to or emigrate from the United States,
whether or not such adoption is covered by the Hague Convention on
Protection of Children and Co-operation in Respect of Intercountry
Adoption, Treaty Doc. 105-51, signed May 29, 1993 (Hague Adoption
Convention) and its implementing legislation (Intercountry Adoption Act
of 2000 (IAA), (42 U.S.C. 14901 et seq.)) and related regulations; (cc)
seek to provide, have provided, and/or do provide intercountry adoption
services, in connection with an intercountry adoption case whether or
not such case is covered by the Hague Adoption Convention and the IAA;
and (dd) contribute to, or are a subject of, a complaint in the
Complaint Registry created pursuant to 22 CFR 96.68 et seq. Records may
also pertain to individuals who are otherwise involved in the
discussion, establishment, execution, or definition of United States
foreign policy. The Privacy Act defines an individual at 5 U.S.C.
552a(a)(2) as a United States citizen or lawful permanent resident.
Categories of Records in the System: Emergency Medical and Dietary
Assistance loan applications; repatriation and evacuation loan
applications; past applications for benefits for hostages and/or their
families; seamen services records; welfare and whereabouts records;
records related to missing persons and hostage cases; Reports of
Presumptive Death Abroad; records of U.S. citizens who register as
visiting or residing overseas; records related to federal benefits and
property claims; records related to arrest cases, death and estate
cases, evacuation cases, prisoner, transfer cases, refuge cases,
victims of crime cases, child abuse and neglect cases, abandoned
children and runaway cases, ; records related to marriage; records
related to publicly available attorney and medical professional lists;
records related to judicial assistance cases; records related to
intercountry adoption cases (including those covered under the Hague
Intercountry Adoption Convention and the Intercountry Adoption Act of
2000); records related to possible or actual international child
custody disputes and/or international parental child abduction cases,
including but not limited to Hague Abduction Convention proceedings for
return of or access to a child; and records related to minors entered
into the Children's Passport Issuance Alert Program and other abduction
prevention programs. OCS records may also include completed ``Local
American Citizens Skills/Resources Survey'' forms; registration cards;
interview worksheets; case notes; fingerprint cards; documents of
identity; passenger manifests; and various related forms not otherwise
stated. Records in the system may also include communications to and
from: U.S. embassies, U.S. consulates, and consular agencies; federal,
state, and local government agencies; members of Congress; officials of
foreign governments; U.S. and foreign courts; U.S. and foreign
nongovernmental organizations, including disaster or emergency relief
organizations such as the International Red Cross, Red Crescent and
others; the subject(s) of the records, their relatives, and other
interested parties; records involving other legal matters; and other
administrative records. In addition, the system may contain
applications for passports and registration as U.S. citizens; Consular
Reports of Birth Abroad; Certificates of Loss of Nationality of the
United States; and Consular Reports of Death Abroad. Such records are
maintained, stored, subject to and preserved as Passport Records,
State-26.
Record Source Categories: These records contain information that is
primarily obtained from the individual who is the subject of the
records. Information may also be obtained from federal, state, local
and foreign government entities and nongovernmental authorities and
other relevant entities, commercial sources, and individuals in
accordance with the fulfillment of consular responsibilities.
Routine Uses of Records Maintained in the System, Including
Categories of Users and Purposes of Such Uses:
Records in the Overseas Citizens Services Records and Other
Overseas Records system may be disclosed to:
A. The Social Security Administration, Office of Personnel
Management, Department of Veterans Affairs, Railroad Retirement Board,
Department of Labor, and Department of the Treasury in connection with
administration of U.S. federal benefits to persons located abroad;
B. The Federal Aviation Administration and National Transportation
Safety Board in connection with individuals traveling abroad and
aviation accidents;
C. The Department of Commerce, U.S. Maritime Administration, and
U.S. Coast Guard in connection with international commerce, shipping,
and seamen;
D. The Department of Health and Human Services, U.S. Public Health
Service, and Centers for Disease Control in connection with
international travel and public health issues;
E. The Department of Health and Human Services, and its
contractors' designees, in connection with repatriation of individuals
abroad and child support enforcement;
F. The Department of Justice and its components, including the Drug
Enforcement Administration and the Federal Bureau of Investigation
(FBI) in connection with the arrest or detention of individuals
overseas, prisoner transfer agreements, and in connection with
reporting to the National Instant Criminal Background Check System
(NICS);
G. The FBI's Victims Services Division in connection with assisting
victims of crime;
H. The Foreign Claims Settlement Commission in connection with the
adjudication of claims of individuals against foreign governments;
I. The Selective Service in connection with Armed Services
registration requirements of individuals;
J. The Department of Defense, Department of Homeland Security,
Department of Justice, and the Secret Service in connection with
coordinating evacuations abroad;
K. The Department of Defense, or entities whose assistance it has
requested, in connection with cases involving active-duty or former
service members;
L. The Department of Homeland Security in connection with
intercountry adoptions and in connection with processing of immigration
and naturalization matters;
M. The Internal Revenue Service to provide current addresses of
specifically identified taxpayers in connection with pending actions to
collect taxes accrued, examinations, and/or other related tax
activities, and to provide names, other personal identifying
information, and current location of taxpayers who are held hostage,
kidnapped, or detained abroad;
N. The Executive Office of the President in connection with
consular functions and services;
O. Federal, state, territorial, tribal, local and foreign courts in
connection with litigation and related matters, such as inquiries
regarding child custody orders;
P. Foreign and domestic airlines and other transportation carriers
in connection with assisting individuals in emergency situations,
including those
[[Page 80807]]
involving aviation or other transportation disasters, individuals who
may pose a threat to themselves or others, and international child
abduction cases;
Q. Shipping companies when the information is maintained pursuant
to the Department's responsibilities under Titles 22 and 46 of the U.S.
Code;
R. In connection with assisting individuals during a crisis,
including war, civil unrest, or natural disasters, other individuals or
entities including: federal, state, territorial, tribal, local, and
foreign government authorities, congressional offices, airlines and
other transportation carriers; in a crisis situation, information may
also be disclosed to international or non-governmental organizations,
family members, or medical personnel, or other private individuals or
groups in a position to assist;
S. Private citizen liaison volunteers designated by U.S. embassies
and U.S. consulates and further defined in Volume 7 of the Foreign
Affairs Manual, who serve as channels of communication with other
individuals in the local community, to prepare for and assist with
evacuations, disasters, and other emergency situations;
T. Foreign-based organizations of private U.S. citizens to assist
individuals in evacuations and other emergency situations;
U. Foreign governments including foreign embassies and consulates
when the information is requested or provided pursuant to customary
international practice, including in compliance with consular
notification and access provisions set out in the Vienna Convention on
Consular Relations and other matters related to detention and/or arrest
by a foreign government; or to assist individuals in evacuations and
other emergency situations; or to provide foreign governments with
information on an individual's U.S. citizenship status in response to a
request;
V. INTERPOL and international and foreign government entities in
connection with health, safety, welfare and related matters, including
but not limited to intercountry adoption and child abduction cases,
custody disputes, cases of runaways and abused or neglected children,
family abuse situations, missing persons, and notification of next of
kin;
W. U.S. federal, state, territorial, tribal, and local government
entities, in connection with health, safety, welfare and related
matters, including but not limited to child abduction and intercountry
adoption cases, custody disputes, cases of runaways and abused or
neglected children, family abuse situations, missing persons, and
notification of next of kin;
X. U.S. departments, agencies, and federal interagency bodies who
assist in the recovery of, and investigation and prosecution of cases
involving individuals taken hostage and/or in armed conflict,
kidnapped, or who can provide assistance or support related to
detentions abroad, when the detention is covered by or in order to
assess applicable of Executive Order 13698, issued on June 24, 2015,
and/or by the Robert Levinson Hostage Recovery and Hostage-Taking
Accountability Act of 2020;
Y. Family members and family-designated representatives when the
subject of the record is unable or unavailable to provide written
consent to disclosure of information, is involved in an emergency, and
the disclosure is for the benefit of the subject;
Z. Family members and family-designated representatives when the
subject of the record has disappeared or gone missing, in circumstances
where it appears likely that the individual has died, and the release
is for the benefit of the individual, his estate or his next of kin;
AA. Members of Congress when the information is requested on behalf
of a family member or representative of the individual to whom
disclosure is authorized under routine uses Y or Z;
BB. To the subject of a welfare/whereabouts inquiry where the
inquirer requests that the Department provide information to the
subject for the purpose of establishing contact or passing a message;
CC. Hospitals, shelters, hotels, hostels, study abroad
institutions, group travel company offices, and other entities where
U.S. citizens needing assistance could be located, to inquire if a
subject of a welfare/whereabouts case may be present in their facility;
DD. A minor's educational institution, in cases involving the
minor's health, safety, or welfare;
EE. Attorneys, or other professional service providers, when the
individual to whom the information pertains is the client of the
attorney or other provider making the request, or when the attorney or
other provider is acting on behalf of some other individual to whom
access is authorized under this notice, or in connection with
litigation or administrative proceedings;
FF. Translators at the request of consular personnel or an
applicant for consular services abroad, in connection with provision of
consular services or other official purposes;
GG. Funeral homes and related service providers in connection with
the death abroad of an individual;
HH. The news media in furtherance of a consular function, as
determined by the Bureau of Consular Affairs, where disclosure could
not reasonably be expected to constitute an unwarranted invasion of
personal privacy or to have an undue adverse effect on either the
subject or individuals associated with the subject, where there is a
legitimate public interest in the information disclosed. Such consular
functions may include providing information regarding arrests of U.S.
citizens, to provide alerts, assessments, or similar information on
potential threats to life, health, or property, or to keep the public
appropriately informed of other consular matters;
II. Duly accredited, and Department-authorized, DNA relationship
testing facilities in connection with consular services or functions,
including adjudication of claims to U.S. citizenship;
JJ. With respect to intercountry adoption and international
parental child abduction cases, records may be shared with:
(1) Individuals and entities identified by governments to assist in
intercountry adoption and abduction cases, including adoption service
providers, Bar Associations, and legal aid services;
(2) biological and adoptive parents, guardians, and children
involved in intercountry adoption and abduction cases; and
(3) the Hague Conference on Private International Law;
KK. With respect to international abduction cases:
(1) The National Center for Missing and Exploited Children;
(2) Appropriate foreign government authorities, including central
authorities of, and bodies duly accredited in, State Parties to the
Hague Abduction Convention, in connection with specific child abduction
cases;
(3) members of the International Hague Network of Judges; and
(4) prospective attorneys pursuant to a request for legal
assistance;
LL. With respect to intercountry adoption cases:
(1) Central authorities of, and bodies duly accredited in, State
Parties to the Hague Adoption Convention, and any other relevant
competent authority that has jurisdiction and authority to make
decision in matters of child welfare including adoption in a foreign
State;
(2) organizations designated by the Department of State as
Accrediting Entities in accordance with the IAA in connection with
accreditation or
[[Page 80808]]
approval or monitoring of adoption service providers; and
(3) adoption service providers in connection with the health,
safety, and welfare of participants in intercountry adoptions as well
as diplomatic inquiries regarding compliance with the Hague Adoption
Convention, the IAA, and compliance with accreditation standards;
MM. Appropriate agencies, entities, and persons when (1) the
Department of State suspects or has confirmed that there has been a
breach of the system of records; (2) the Department of State has
determined that as a result of the suspected or confirmed breach there
is a risk of harm to individuals, the Department of State (including
its information systems, programs, and operations), the federal
government, or national security; and (3) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with the Department of State efforts to respond to the
suspected or confirmed breach or to prevent, minimize, or remedy such
harm;
NN. Another federal agency or federal entity, when the Department
of State determines that information from this system of records is
reasonably necessary to assist the recipient agency or entity in (1)
responding to a suspected or confirmed breach or (2) preventing,
minimizing, or remedying the risk of harm to individuals, the recipient
agency or entity (including its information systems, programs, and
operations), the federal government, or national security, resulting
from a suspected or confirmed breach.
This information may also be released on a need-to-know basis to
other government agencies having statutory or other lawful authority to
maintain such information. Disclosure of passport applications,
Consular Reports of Birth Abroad, Certificates of Loss of Nationality
of the United States, Consular Reports of Death, and related
documentation, is subject to the routine uses specified in this notice
as well as to the routine uses set forth in the System of Records
Notice for Passport Records, STATE-26.
The Department of State periodically publishes in the Federal
Register its standard routine uses that apply to all its Privacy Act
systems of records. These notices appear in the form of a Prefatory
Statement (published in Volume 73, Number 136, Public Notice 6290, on
July 15, 2008). All these standard routine uses apply to Overseas
Citizens Services Records and Other Overseas Records, State-05.
Policies and Practices for Storage of Records: Records are stored
both in hard copy and on electronic media. A description of standard
Department of State policies concerning storage of electronic records
is found here https://fam.state.gov/FAM/05FAM/05FAM0440.html. All hard
copies of records containing personal information are maintained in
secured file cabinets in restricted areas, access to which is limited
to authorized personnel only.
Policies and Practices for Retrieval of Records: By individual
name, birth date, or other personal identifier if available.
Policies and Practices for Retention and Disposal of Records:
Records are retired and destroyed in accordance with published
Department of State Records Disposition Schedules as approved by the
National Archives and Records Administration (NARA) and outlined here
https://foia.state.gov/Learn/RecordsDisposition.aspx. The retention
period for Overseas Citizens Services Records and Other Overseas
Records spans from two years to permanent, depending on the specific
purpose of the collection and the nature of the information. Some files
related to requests for government benefits and miscellaneous
facilitative services are destroyed six months or one year after
issuance. In some instances, files with historical significance are
permanent records. Most files related to American Citizens Services
consular assistance cases are stored in the Consular Consolidated
Database and are retained for 20 years after closure of the case. More
specific information may be obtained by writing to the following
address: U.S. Department of State; Director, Office of Information
Programs and Services; A/GIS/IPS; 2201 C Street NW; Room B-266;
Washington, DC 20520.
Administrative, Technical, and Physical 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 Department OpenNet users are required to take the
Foreign Service Institute's 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 Overseas Citizens
Services Records and Other Overseas Records, a user must first be
granted access to the Department of State computer system. Employees
and contractors are instructed that, as a general matter, any
disclosure of Department-maintained information about an individual
should be of the minimum amount of information reasonably necessary to
accomplish the Department objective and undertaken in accordance with
guidance contained in the Foreign Affairs Manual.
Department of State employees and contractors may remotely access
this system of records using non-Department owned information
technology. Such access is subject to approval by the Department's
access program and is limited to information maintained in unclassified
information systems. Remote access to the Department's information
systems is configured in compliance with OMB Circular A-130 multifactor
authentication requirements and includes a time-out function.
All Department of State employees and contractors with authorized
access to records maintained in this system of records 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 possessing a valid
identification card or individuals under proper escort. 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.
The safeguards in the following paragraphs apply only to records
that are maintained in government-certified cloud systems. All cloud
systems that provide IT services and process Department of State
information must be specifically authorized by the Department of State
Authorizing Official and Senior Agency Official for Privacy.
Information that conforms with Department-specific definitions for
FISMA low, moderate, or high categorization are permissible for cloud
usage and must specifically be authorized by the Department's Cloud
Management Office and the Department of State Authorizing Official.
Specific security measures and safeguards will depend on the FISMA
categorization of the information in a given cloud system. In
accordance with Department policy, systems that process more sensitive
information will require more stringent controls and review by
Department cybersecurity experts prior to approval. Prior to operation,
all Cloud systems must comply with applicable security measures that
are outlined in FISMA, FedRAMP, OMB regulations, National
[[Page 80809]]
Institute of Standards and Technology (NIST) Special Publications (SP)
and Federal Information Processing Standards (FIPS) and Department of
State policies and standards.
All data stored in cloud environments categorized above a low FISMA
impact risk level must be encrypted at rest and in-transit using a
federally-approved encryption mechanism. The encryption keys shall be
generated, maintained, and controlled in a Department data center by
the Department key management authority. Deviations from these
encryption requirements must be approved in writing by the Department
of State Authorizing Official. High FISMA impact risk level systems
will additionally be subject to continual auditing and monitoring,
multifactor authentication mechanisms utilizing Public Key
Infrastructure (PKI) and NIST 800-53 controls concerning
virtualization, servers, storage, and networking, as well as stringent
measures to sanitize data from the cloud service once the contract is
terminated.
Record Access Procedures: Individuals who wish to gain access to or
to amend records pertaining to themselves should write to U.S.
Department of State; Director, Office of Information Programs and
Services; A/GIS/IPS; 2201 C St. NW, Room B-266; Washington, DC 20520.
The individual must specify that he or she wishes Overseas Citizens
Services Records and Other Overseas Records to be checked. At a
minimum, the individual must include: full name (including maiden name,
if appropriate) and any other names used; current mailing address and
zip code; date and place of birth; notarized signature or statement
under penalty of perjury; a brief description of the circumstances that
caused the creation of the record (including the city and/or country
and the approximate dates) which gives the individual cause to believe
that Overseas Citizens Services Records and Other Overseas Records
include records pertaining to him or her. A request to search Overseas
Citizens Services Records and Other Overseas Records, STATE-05, will be
directed to the Passport Office when it pertains to passport,
registration, citizenship, birth or death records, and any records
transferred from STATE-05 to STATE-26. Detailed instructions on
Department of State procedures for accessing and amending records can
be found at the Department's FOIA website (https://foia.state.gov/Request/Guide.aspx).
Contesting Record Procedures: Individuals who wish to contest
record procedures should write to U.S. Department of State; Director,
Office of Information Programs and Services; A/GIS/IPS; 2201 C St. NW,
Room B-266; Washington, DC 20520.
Notification Procedures: Individuals who have reason to believe
that this system of records may contain information pertaining to them
may write to U.S. Department of State; Director, Office of Information
Programs and Services; A/GIS/IPS; 2201 C St. NW; Room B-266;
Washington, DC 20520. The individual must specify that he/she wishes
the Overseas Citizens Services Records and Other Overseas Records to be
checked. At a minimum, the individual must include: full name
(including maiden name, if appropriate) and any other names used;
current mailing address and zip code; date and place of birth;
notarized signature or statement under penalty of perjury; a brief
description of the circumstances that caused the creation of the record
(including the city and/or country and the approximate dates) which
gives the individual cause to believe that Overseas Citizens Services
Records and Other Overseas Records include records pertaining to him or
her. At a minimum, the individual must submit a request that complies
with 22 CFR part 171.
Exemptions Promulgated for the System: Pursuant to 5 U.S.C. 552a
(k)(1), (k)(2), (k)(3), (k)(4), and (k)(5), 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).
History: Previously published at 81 FR 62235.
Eric F. Stein,
Deputy Assistant Secretary, Global Information Services (A/GIS), U.S.
Department of State.
[FR Doc. 2023-25571 Filed 11-17-23; 8:45 am]
BILLING CODE 4710-06-P