80 FR 78812 - Privacy Act; System of Records: Office of Foreign Missions Records, State-81

DEPARTMENT OF STATE

Federal Register Volume 80, Issue 242 (December 17, 2015)

Notice is hereby given that the Department of State proposes to create a system of records, Office of Foreign Missions Records, State-81, 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.

[Federal Register Volume 80, Number 242 (Thursday, December 17, 2015)]
[Notices]
[Pages 78812-78814]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31840]


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DEPARTMENT OF STATE

[Public Notice: 9380]


Privacy Act; System of Records: Office of Foreign Missions 
Records, State-81

SUMMARY: Notice is hereby given that the Department of State proposes 
to create a system of records, Office of Foreign Missions Records, 
State-81, 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 January 26, 2016, 
unless we receive comments that will result in a contrary 
determination.

ADDRESSES: Any persons interested in commenting on the new 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, 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 
[email protected].

SUPPLEMENTARY INFORMATION: The Department of State proposes that the 
new system will be named ``Office of Foreign Missions Records.'' The 
records in State-81 were previously published under STATE-36, Security 
Records. The records maintained in the Office of Foreign Missions 
Records are related to the implementation of the Foreign Missions Act, 
the operation of foreign missions, and the United States' extension of 
privileges, exemptions, immunities, benefits, and courtesies to foreign 
government officials, members/employees and officers of foreign 
missions and certain international organizations in the United States, 
their immediate family members, and domestic workers who are in the 
United States in nonimmigrant A-3 or G-5 visa status.
    The Department's report was filed with the Office of Management and 
Budget. The new system description, ``Office of Foreign Missions 
Records, State-81,'' will read as set forth below.

Joyce A. Barr,
Assistant Secretary for Administration, U.S. Department of State.
STATE-81

SYSTEM NAME:
    Office of Foreign Missions Records

SECURITY CLASSIFICATION:
    Unclassified

SYSTEM LOCATION:
    Office of Foreign Missions (OFM), Department of State, 2201 C 
Street NW., Washington, DC 20520; State Annex 33, OFM Regional Offices.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Categories of individuals covered include: (a) members and 
employees of foreign missions and international organizations in the 
United States; (b) their immediate family and other household members; 
(c) domestic workers who are in the United States in nonimmigrant A-3 
or G-5 visa status; (d) officials/representatives of foreign 
governments; and (e) individuals accompanying senior foreign embassy 
officials on tours of the White House.

CATEGORIES OF RECORDS IN THE SYSTEM:
    1. Administrative files related to the implementation of the 
Foreign Missions Act, provision of services and benefits. Records in 
the system may include biographic data, such as name, numeric 
identifier, gender, nationality, citizenship, visa data, date and place 
of birth, residential address, employer name and location, employee's 
function/title, employment start date, and employment termination date.
    2. Records associated with the notification, accreditation, 
recognition, and termination of the appointment of members of foreign 
missions as well as employees and officers of international 
organizations in the United States;
    3. Records may include documentation concerning:
    a. Employment authorization for eligible dependents of foreign 
missions and international organizations in the United States;
    b. the authorization of the exemption of taxes imposed on the 
purchases of goods and services by eligible members of foreign missions 
and international organizations in the United States;
    c. the authorization of tax and duty-free importation privileges 
for eligible members of foreign missions and international 
organizations in the United States;
    d. Real property owned or leased by certain members of foreign 
missions and international organizations in the United States and the 
extension of any applicable privileges and immunities to such 
properties;
    e. Individuals or entities who sell or purchase real property from 
foreign missions and international organizations;
    f. Motor vehicle titling, registration, and licensing services and 
documentation for eligible members of foreign missions and 
international organizations in the United States, including motor 
vehicle records/moving violation records for individuals and 
information concerning an individual's motor vehicle liability 
insurance coverage;
    g. A foreign mission or international organization member's 
notification or request for approval of travel planned within the 
United States that is outside of an established geographic area;
    h. The extension of expedited port clearance courtesies to senior 
foreign officials entering the United States;
    i. The extension of airport security screening courtesies 
associated with the departure of senior foreign officials from airports 
in the United States;
    j. Requests from foreign missions for White House Tours; and
    k. Assignment and management of electronic accounts for individuals 
authorized to submit requests to the Department of State on behalf of 
foreign missions and international organizations via OFM's e-Government 
System.
    4. Records related to submissions of Form I-508 ``Waiver of Rights, 
Privileges, Exemptions, and Immunities'' from individuals who are 
lawful permanent residents and are in an occupational status making 
them eligible for an ``A,'' ``E,'' or ``G'' visa to waive rights, 
privileges, exemptions and

[[Page 78813]]

immunities associated with such occupational status;
    5. Records concerning members of foreign missions and officers or 
employees of international organizations containing a finding or 
determination made by an appropriate authority of a state, a political 
subdivision of a state, or the United States that there is reasonable 
cause to believe that a member of a foreign mission or an officer or 
employee of an international organization has committed a criminal 
offense within the United States.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    22 U.S.C. 4301 et seq. (Foreign Missions Act); 22 U.S.C. 288 et 
seq. (International Organizations Immunities Act); Vienna Convention on 
Diplomatic Relations; Vienna Convention on Consular Relations; 22 
U.S.C. 254a et seq. (Diplomatic Relations Act).

PURPOSE:
    The records maintained herein are related to the implementation of 
the Foreign Missions Act, the operation of foreign missions, and the 
United States' extension of privileges, exemptions, immunities, 
benefits, and courtesies to foreign government officials, members/
employees and officers of foreign missions and certain international 
organizations in the United States, their immediate family members, and 
domestic workers who are in the United States in nonimmigrant A-3 or G-
5 visa status.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    The principal users of this information outside the Department of 
State may include:
    A. The Department of Homeland Security for uses within its 
statutory mission, including law enforcement, transportation and border 
security, administration of immigrant benefits, critical infrastructure 
protection, and fraud prevention;
    B. The Department of Justice, including the Federal Bureau of 
Investigation, for purposes of law enforcement, criminal prosecution, 
representation of the U.S. government in civil litigation, fraud 
prevention, or border security;
    C. The Department of the Treasury, for uses within its statutory 
mission, including the enforcement of U.S. tax laws, and economic 
sanctions;
    D. The Department of Defense, for uses within its statutory 
mission;
    E. The Department of Labor, for uses within its statutory mission 
including the administration and enforcement of U.S. labor laws;
    F. The Office of the Director of National Intelligence and other 
U.S. intelligence community agencies, for uses within their statutory 
missions, including intelligence, counterintelligence, and other 
national security interests;
    G. State, local, and tribal government officials for purposes 
associated with their extension of privileges, exemptions, immunities 
and benefits to foreign missions, international organizations, and 
their members/officers and employees, and for law enforcement purposes;
    H. Corporations/entities identified by OFM as providing benefits 
and services to the foreign mission community, but only to the extent 
such information is relevant and necessary for the provision of such 
benefits and services;
    I. State, local, Federal, or non-governmental agencies and entities 
as needed for purposes of emergency or disaster response; and
    J. Foreign missions, foreign governments, and international 
organizations in connection with their administration of human resource 
matters, criminal investigations, or in order to ensure the proper 
provision of a privilege or benefit.
    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 Office of Foreign 
Missions Records, State-81.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Electronic and physical media.

RETRIEVABILITY:
    Records are retrieved through individual data fields including, but 
not limited to, biographic data (such as name, gender, nationality, 
citizenship, visa data, date and place of birth, residential address, 
employer name and location, employee's function/title, employment start 
date, and employment termination date) or other personal identifiers.

SAFEGUARDS:
    All U.S. Government employees and contractors with authorized 
access have undergone a thorough background security investigation.
    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 of State employees 
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 the Office of Foreign Missions 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 Department approved access program. Remote access to the 
network is configured in accordance with the Office of Management and 
Budget Memorandum M-07-16 security requirements that include, but are 
not limited to, two-factor authentication and time out function.
    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. 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:
    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). 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(S) AND ADDRESS:
    Deputy Director; Office of Foreign Missions, Department of State; 
2201 C

[[Page 78814]]

Street NW., Room 2236; Washington, DC 20520 ([email protected]).

NOTIFICATION PROCEDURE:
    Individuals who have cause to believe that the Department of State 
may have records pertaining to him or her should write 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. The 
individual must specify that he/she wishes the records of the Office of 
Foreign Missions to be checked. At a minimum, the individual must 
include: name; date and place of birth; current mailing address and zip 
code; signature; a brief description of the circumstances that caused 
the creation of the record, which give the individual cause to believe 
that the Department of State has records pertaining to him or her.

RECORD ACCESS PROCEDURES:
    Individuals who wish to gain access to or amend records pertaining 
to them should write to the Director; Office of Information Programs 
and Services (address above).

CONTESTING RECORD PROCEDURES:
    Individuals who wish to contest records pertaining to them should 
write to the Director; Office of Information Programs and Services 
(address above).

RECORD SOURCE CATEGORIES:
    These records contain information that is primarily obtained from 
the individual who is the subject of the records or from foreign 
missions and/or international organizations having information 
regarding the individual, as a result of, but not limited to:
    1. Past or present employment; or
    2. the individual being the member of a household of a foreign 
mission or international organization member.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    Pursuant to 5 U.S.C. 552a(k)(2), records in this system may be 
exempt from subsections 5 U.S.C. 552a(c)(3), (d)(1), (d)(2), (d)(3), 
(d)(4), (d)(5), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), (f)(1), 
(f)(2), (f)(3), (f)(4), and (f)(5) of 5 U.S.C. 552a.

[FR Doc. 2015-31840 Filed 12-16-15; 8:45 am]
BILLING CODE 4710-43-P