83_FR_28178 83 FR 28062 - Privacy Act of 1974; System of Records

83 FR 28062 - Privacy Act of 1974; System of Records

DEPARTMENT OF STATE

Federal Register Volume 83, Issue 116 (June 15, 2018)

Page Range28062-28064
FR Document2018-12871

This System of Records compiles information used in the adjudication of U.S. visas.

Federal Register, Volume 83 Issue 116 (Friday, June 15, 2018)
[Federal Register Volume 83, Number 116 (Friday, June 15, 2018)]
[Notices]
[Pages 28062-28064]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12871]


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DEPARTMENT OF STATE

[Public Notice 10449]


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 compiles information used in the 
adjudication of U.S. visas.

DATES: This system of records notice is effective upon publication, 
with the exception of the routine uses (m), (n), and (o) that are 
subject to a 30-day period during which interested persons may submit 
comments to the Department. Please submit any comments by July 16, 
2018.

ADDRESSES: Questions can be submitted by mail or email. If mail, please 
write to: U.S. Department of State; Office of Global Information 
Services, Privacy Staff; A/GIS/PRV; SA-2, Suite 8100; Washington, DC 
20522-0208. If email, please address the email to the Senior Agency 
Official for Privacy, Mary R. Avery, at [email protected] or call (202) 
663-2215. Please write ``Visa Records, State-39'' on the envelope or 
the subject line of your email.

FOR FURTHER INFORMATION CONTACT: Mary R. Avery, Senior Agency Official 
for Privacy; U.S. Department of State; Office of Global Information 
Services, A/GIS/PRV; SA-2, Suite 8100; Washington, DC 20522-0208; at 
[email protected] or (202) 663-2215.

SUPPLEMENTARY INFORMATION: The purpose of this modification is to make 
substantive and administrative changes to the previously published 
notice. This notice modifies the following sections of State-39, Visa 
Records: System Location, Categories of Individuals, Categories of 
Records, Routine Uses, Policies and Practices for Retention and 
Disposal of Records, and Safeguards. In addition, this notice makes 
administrative updates to the following sections: Record Access 
Procedures, Contesting Record Procedures, Notification Procedures, and 
History. These changes reflect new OMB guidance, new visa adjudication 
procedures, updated contact information, and a notice publication 
history.
SYSTEM NAME AND NUMBER
    Visa Records, State-39.

SECURITY CLASSIFICATION:
    Unclassified and Classified.

SYSTEM LOCATION:
    Department of State (``Department''), located at 2201 C Street NW, 
Washington, DC 20520; Visa Office, Department of State, Annex 17, 600 
19th Street NW, Washington, DC 20006; National Visa Center, 32 
Rochester Avenue, Portsmouth, NH 03801; Kentucky Consular Center, 3505 
N U.S. Hwy. 25 W, Williamsburg, KY 40769; U.S. embassies, consulates 
general, and consulates (henceforth referred to as the Department of 
State).

SYSTEM MANAGER(S):
    Deputy Assistant Secretary for Visa Services, Room 6811, Department 
of State, 2201 C Street NW, Washington, DC 20520-4818; Director, 
National Visa Center, 32 Rochester Avenue, Portsmouth, NH 63801; 
Director, Kentucky Consular Center, 3505 N U.S. Hwy. 25 W, 
Williamsburg, KY 40769; [email protected]. At specific locations 
abroad, the on-site manager is the consular officer responsible for 
visa processing.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 301 (Secretary of State's authorities with respect to 
Management of the Department of State); 22 U.S.C. 2651a (Organization 
of the Department of State); 22 U.S.C. 3921 (Management of the Foreign 
Service); 8 U.S.C. 1101-1537 (Immigration and Nationality Act of 1952, 
as amended).

PURPOSE(S) OF THE SYSTEM:
    The Visa Records system maintains information used to assist the 
Bureau of Consular Affairs and consular officers in the Department and 
abroad in adjudicating visas and Certificates of Identity. It is also 
used in dealing with problems of a legal, enforcement, technical, or 
procedural nature that may arise in connection with a U.S. visa or 
Certificate of Identity.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Visa Records may include the following individuals when required by 
a visa application or a Certificate of Identity application: U.S. 
petitioners, U.S. persons applying for returning residence travel 
documentation, and visa and Certificate of Identity applicants who 
subsequently become documented as U.S. persons.

[[Page 28063]]

CATEGORIES OF RECORDS IN THE SYSTEM:
    Visa Records maintains visa applications and related forms; 
Certificate of Identity applications or portions thereof; documents of 
identity; biometric information; photographs; birth, marriage, death 
and divorce certificates; interview worksheets; biographic information 
sheets; affidavits of relationship; medical examinations and 
immunization reports; police records; educational and employment 
records; petitions for immigrant status and nonimmigrant status; bank 
statements; communications between the Visa Office, the National Visa 
Center, the Kentucky Consular Center, U.S. embassies, U.S. consulates 
general and U.S. consulates, other U.S. government agencies, 
international organizations, members of Congress, legal and other 
representatives of visa applicants, relatives of visa applicants, and 
other interested parties where such communications are, or may be, 
relevant to visa adjudication; and internal Department of State 
correspondence and notes relating to visa adjudication. Visa Records 
may also contain information collected regarding applicants' or 
petitioners' U.S. family members; U.S. employers; other U.S. persons 
referenced by the applicant or petitioner.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    The principal users of this information outside the Department of 
State may include, when consistent with Section 222(f) of the 
Immigration and Nationality Act:
    A. The Department of Homeland Security for uses within its 
statutory mission, including to process, approve or deny visa petitions 
and waivers, as well as for law enforcement, counterterrorism, 
transportation and border security, administration of immigrant 
benefits, critical infrastructure protection, fraud prevention, or 
employment verification purposes;
    B. Public or private employers seeking to confirm the authenticity 
of the visa when it is presented as evidence of identity and/or 
authorization to work in the United States;
    C. The Department of Justice, including the Federal Bureau of 
Investigation (and its National Crime Information Center), the 
Terrorist Screening Center, the Bureau of Alcohol, Tobacco, Firearms 
and Explosives, the U.S. National Central Bureau (Interpol) and the 
Drug Enforcement Administration, for purposes of law enforcement, 
criminal prosecution, representation of the U.S. government in civil 
litigation, fraud prevention, counterterrorism, or border security;
    D. The Department of the Treasury for uses within its statutory 
mission, including the enforcement of U.S. tax laws, economic 
sanctions, and counterterrorism;
    E. The National Counterterrorism Center, the Office of the Director 
of National Intelligence and other U.S. intelligence community (IC) 
agencies, for uses within their statutory missions, including 
intelligence, counterintelligence, counterterrorism and other national 
security interests;
    F. The Department of Defense, for uses within its statutory mission 
including for purposes of border security, homeland defense, force 
protection, law enforcement and counterterrorism;
    G. The Department of Labor for uses within its statutory mission 
including the administration and enforcement of U.S. labor laws;
    H. Congress, for the formulation, amendment, administration, or 
enforcement of the immigration, nationality, and other laws of the 
United States;
    I. State, local, and tribal government officials for law 
enforcement, counter-terrorism, or border security purposes;
    J. Interested persons (such as the visa applicant, the applicant's 
legal representative or other designated representative) inquiring as 
to the status of a particular visa case (limited unclassified 
information may be released when appropriate);
    K. Courts provided the Secretary of State has determined that 
release is appropriate, and the court has certified it needs such 
information in the interest of the ends of justice in a case pending 
before the court;
    L. Foreign governments for purposes relating to the administration 
or enforcement of the immigration, nationality, and other laws of the 
United States, or in the Secretary's discretion and on the basis of 
reciprocity, for the purpose of preventing, investigating, or punishing 
acts that would constitute a crime in the United States or, pursuant to 
an agreement with a foreign government, to enable such government to 
consider whether the record indicates a person would be inadmissible to 
the United States when it determines whether to deny a visa, grant 
entry, authorize an immigration benefit, or order removal of such 
person.
    M. The Centers for Disease Control and Prevention, for uses within 
its statutory mission, including its role relative to the physical and 
mental examination of aliens under immigration laws.
    N. 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.
    O. 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.
    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 (published in Volume 73, Number 136, Public Notice 6290, on 
July 15, 2008). All these standard routine uses apply to Visa Records, 
State-39.

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 in the Department's Foreign Affairs 
Manual (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.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records may be retrieved through individual data fields including 
but not limited to: Applicant personal data; biometrics and namecheck 
data; case data; and visa data.

[[Page 28064]]

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The retention period for visa records depends on the nature of the 
information and disposition of the visa adjudication. Some files 
related to issued immigrant visas are destroyed six months after 
issuance. In some instances, files with historical significance are 
permanent records. Most files related to Certificates of Identity are 
retained for twenty years after closure. These 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 a complete list of the Department's 
schedules can be found on our Freedom of Information Act (FOIA) 
program's website (https://foia.state.gov/Learn/RecordsDisposition.aspx). More specific information may be obtained by 
writing to the following address: Director, Office of Information 
Programs and Services, A/GIS/IPS; SA-2, Department of State; 515 22nd 
Street NW; Washington, DC 20522-8100.

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 Foreign Service and Civil 
Service employees and those Locally Employed Staff who handle PII 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.
    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. While the majority of records covered in Visa Records 
are electronic, all paper records containing personal information are 
maintained in secured file cabinets in restricted areas, access to 
which is limited to authorized personnel only. 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.
    Before being granted access to Visa 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 through a Department approved access 
program. Remote access to the network is configured with the 
authentication requirements contained in the Office of Management and 
Budget Circular Memorandum A-130. All Department of State employees and 
contractors with authorized access have undergone a background security 
investigation.

 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; SA-2, 
Suite 8100; Washington, DC 20522-0208. The individual must specify that 
he or she wishes the Visa 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 the Visa Records include records pertaining to him or her. 
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).
    However, in general, visa records are confidential and may not be 
released under section 222(f) of the Immigration and Nationality Act, 
except that, the Department of State may consider requests for records 
that originated with, or were sent to, a requesting visa applicant or 
someone acting on such applicant's behalf to be releasable thereto.

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; SA-2, Suite 8100; Washington, DC 20522-0208.

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; SA-2, Suite 8100; Washington, DC 20522-0208. The individual must 
specify that he or she wishes the Visa 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 the Visa Records include records pertaining to him or her.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    Pursuant to 5 U.S.C. 552a(k)(1), (k)(2), and (k)(3), records 
contained within this system of records are exempted from 5 U.S.C. 
552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f). See 
Department of State Rules published in the Federal Register, under 22 
CFR 171.26.

HISTORY:
    This SORN was previously published at 77 FR 65245 (October 25, 
2012).

Mary R. Avery,
Senior Agency Official for Privacy, Senior Advisor, Office of Global 
Information Services, Bureau of Administration, Department of State.
[FR Doc. 2018-12871 Filed 6-14-18; 8:45 am]
 BILLING CODE 4710-24-P



                                                28062                           Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Notices

                                                individual cause to believe that Security               72, was previously published at 71 FR                  contact information, and a notice
                                                Records include records pertaining to                   62653.                                                 publication history.
                                                him or her. Detailed instructions on                    Mary R. Avery,                                         SYSTEM NAME AND NUMBER
                                                Department of State procedures for
                                                                                                        Senior Agency Official for Privacy, Senior
                                                accessing and amending records can be                                                                            Visa Records, State-39.
                                                                                                        Advisor, Office of Global Information
                                                found at the Department’s FOIA website                  Services, Bureau of Administration,                    SECURITY CLASSIFICATION:
                                                (https://foia.state.gov/Request/                        Department of State.
                                                                                                                                                                 Unclassified and Classified.
                                                Guide.aspx).                                            [FR Doc. 2018–12872 Filed 6–14–18; 8:45 am]
                                                                                                        BILLING CODE 4710–24–P                                 SYSTEM LOCATION:
                                                CONTESTING RECORD PROCEDURES:
                                                                                                                                                                 Department of State (‘‘Department’’),
                                                  Individuals who wish to contest                                                                              located at 2201 C Street NW,
                                                record procedures should write to U.S.                  DEPARTMENT OF STATE                                    Washington, DC 20520; Visa Office,
                                                Department of State; Director, Office of                [Public Notice 10449]                                  Department of State, Annex 17, 600 19th
                                                Information Programs and Services; A/                                                                          Street NW, Washington, DC 20006;
                                                GIS/IPS; SA–2, Suite 8100; Washington,                  Privacy Act of 1974; System of                         National Visa Center, 32 Rochester
                                                DC 20522–8100.                                          Records                                                Avenue, Portsmouth, NH 03801;
                                                                                                                                                               Kentucky Consular Center, 3505 N U.S.
                                                                                                        AGENCY:    Department of State.                        Hwy. 25 W, Williamsburg, KY 40769;
                                                NOTIFICATION PROCEDURES:
                                                                                                        ACTION:    Notice of a modified system of              U.S. embassies, consulates general, and
                                                  Individuals who have reason to                        records.                                               consulates (henceforth referred to as the
                                                believe that this system of records may                                                                        Department of State).
                                                contain information pertaining to                       SUMMARY:   This System of Records
                                                                                                        compiles information used in the                       SYSTEM MANAGER(S):
                                                themselves should write to following
                                                                                                        adjudication of U.S. visas.                              Deputy Assistant Secretary for Visa
                                                address: U.S. Department of State;
                                                                                                        DATES: This system of records notice is                Services, Room 6811, Department of
                                                Director, Office of Information Programs
                                                and Services; A/GIS/IPS; SA–2, Suite                    effective upon publication, with the                   State, 2201 C Street NW, Washington,
                                                8100; Washington, DC 20522–8100. The                    exception of the routine uses (m), (n),                DC 20520–4818; Director, National Visa
                                                individual must specify that he or she                  and (o) that are subject to a 30-day                   Center, 32 Rochester Avenue,
                                                                                                        period during which interested persons                 Portsmouth, NH 63801; Director,
                                                wishes Security Records to be checked.
                                                                                                        may submit comments to the                             Kentucky Consular Center, 3505 N U.S.
                                                At a minimum, the individual must
                                                                                                        Department. Please submit any                          Hwy. 25 W, Williamsburg, KY 40769;
                                                include: Full name (including maiden
                                                                                                        comments by July 16, 2018.                             VO_SORN@state.gov. At specific
                                                name, if appropriate) and any other
                                                                                                        ADDRESSES: Questions can be submitted                  locations abroad, the on-site manager is
                                                names used; date and place of birth;
                                                current mailing address and zip code;                   by mail or email. If mail, please write to:            the consular officer responsible for visa
                                                                                                        U.S. Department of State; Office of                    processing.
                                                notarized signature or statement under
                                                                                                        Global Information Services, Privacy
                                                penalty of perjury; a brief description of                                                                     AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
                                                                                                        Staff; A/GIS/PRV; SA–2, Suite 8100;
                                                the circumstances that caused the                                                                                5 U.S.C. 301 (Secretary of State’s
                                                                                                        Washington, DC 20522–0208. If email,
                                                creation of the record (including the city                                                                     authorities with respect to Management
                                                                                                        please address the email to the Senior
                                                and/or country and the approximate                                                                             of the Department of State); 22 U.S.C.
                                                                                                        Agency Official for Privacy, Mary R.
                                                dates) which gives the individual cause                                                                        2651a (Organization of the Department
                                                                                                        Avery, at Privacy@state.gov or call (202)
                                                to believe that Security Records include                                                                       of State); 22 U.S.C. 3921 (Management
                                                                                                        663–2215. Please write ‘‘Visa Records,
                                                records to him or her.                                  State-39’’ on the envelope or the subject              of the Foreign Service); 8 U.S.C. 1101–
                                                                                                        line of your email.                                    1537 (Immigration and Nationality Act
                                                EXEMPTIONS PROMULGATED FOR THE SYSTEM:
                                                                                                        FOR FURTHER INFORMATION CONTACT:                       of 1952, as amended).
                                                   Any other exempt records from other                  Mary R. Avery, Senior Agency Official                  PURPOSE(S) OF THE SYSTEM:
                                                agencies’ systems of records that are                   for Privacy; U.S. Department of State;
                                                recompiled into this system are also                                                                             The Visa Records system maintains
                                                                                                        Office of Global Information Services,
                                                considered exempt to the extent they are                                                                       information used to assist the Bureau of
                                                                                                        A/GIS/PRV; SA–2, Suite 8100;
                                                claimed as such in the original systems.                                                                       Consular Affairs and consular officers in
                                                                                                        Washington, DC 20522–0208; at
                                                                                                                                                               the Department and abroad in
                                                   Pursuant to 5 U.S.C. 552a (j)(2),                    Privacy@state.gov or (202) 663–2215.
                                                                                                                                                               adjudicating visas and Certificates of
                                                records in this system may be exempted                  SUPPLEMENTARY INFORMATION: The                         Identity. It is also used in dealing with
                                                from subsections (c)(3) and (4), (d),                   purpose of this modification is to make                problems of a legal, enforcement,
                                                (e)(1), (2), (3), and (e)(4)(G), (H), and (I),          substantive and administrative changes                 technical, or procedural nature that may
                                                and (f) of the Privacy Act. Pursuant to                 to the previously published notice. This               arise in connection with a U.S. visa or
                                                5 U.S.C. 552a (k)(1), (k)(2), and (k)(5),               notice modifies the following sections of              Certificate of Identity.
                                                records in this system may be exempted                  State-39, Visa Records: System Location,
                                                from subsections (c)(3), (d)(1), (d)(2),                Categories of Individuals, Categories of               CATEGORIES OF INDIVIDUALS COVERED BY THE
                                                                                                        Records, Routine Uses, Policies and                    SYSTEM:
                                                (d)(3), (d)(4), (d)(5), (e)(1), (e)(4)(G),
                                                (e)(4)(H), (e)(4)(I), (f)(1), (f)(2), (f)(3),           Practices for Retention and Disposal of                  Visa Records may include the
                                                                                                        Records, and Safeguards. In addition,                  following individuals when required by
sradovich on DSK3GMQ082PROD with NOTICES




                                                (f)(4), and (f)(5).
                                                                                                        this notice makes administrative                       a visa application or a Certificate of
                                                   See 22 CFR 171.
                                                                                                        updates to the following sections:                     Identity application: U.S. petitioners,
                                                                                                        Record Access Procedures, Contesting                   U.S. persons applying for returning
                                                HISTORY:
                                                                                                        Record Procedures, Notification                        residence travel documentation, and
                                                  Security Records, State-36, was                       Procedures, and History. These changes                 visa and Certificate of Identity
                                                previously published at 80 FR 77691                     reflect new OMB guidance, new visa                     applicants who subsequently become
                                                and Identity Management System, State-                  adjudication procedures, updated                       documented as U.S. persons.


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                                                                                Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Notices                                             28063

                                                CATEGORIES OF RECORDS IN THE SYSTEM:                    prosecution, representation of the U.S.                examination of aliens under
                                                  Visa Records maintains visa                           government in civil litigation, fraud                  immigration laws.
                                                applications and related forms;                         prevention, counterterrorism, or border                   N. Appropriate agencies, entities, and
                                                Certificate of Identity applications or                 security;                                              persons when (1) the Department of
                                                portions thereof; documents of identity;                   D. The Department of the Treasury for               State suspects or has confirmed that
                                                biometric information; photographs;                     uses within its statutory mission,                     there has been a breach of the system of
                                                birth, marriage, death and divorce                      including the enforcement of U.S. tax                  records; (2) the Department of State has
                                                certificates; interview worksheets;                     laws, economic sanctions, and                          determined that as a result of the
                                                biographic information sheets; affidavits               counterterrorism;                                      suspected or confirmed breach there is
                                                of relationship; medical examinations                      E. The National Counterterrorism                    a risk of harm to individuals, the
                                                and immunization reports; police                        Center, the Office of the Director of                  Department of State (including its
                                                records; educational and employment                     National Intelligence and other U.S.                   information systems, programs, and
                                                records; petitions for immigrant status                 intelligence community (IC) agencies,                  operations), the Federal Government, or
                                                and nonimmigrant status; bank                           for uses within their statutory missions,              national security; and (3) the disclosure
                                                statements; communications between                      including intelligence,                                made to such agencies, entities, and
                                                the Visa Office, the National Visa                      counterintelligence, counterterrorism                  persons is reasonably necessary to assist
                                                Center, the Kentucky Consular Center,                   and other national security interests;                 in connection with the Department of
                                                U.S. embassies, U.S. consulates general                    F. The Department of Defense, for
                                                                                                                                                               State efforts to respond to the suspected
                                                and U.S. consulates, other U.S.                         uses within its statutory mission
                                                                                                                                                               or confirmed breach or to prevent,
                                                government agencies, international                      including for purposes of border
                                                                                                                                                               minimize, or remedy such harm.
                                                organizations, members of Congress,                     security, homeland defense, force
                                                                                                        protection, law enforcement and                           O. Another Federal agency or Federal
                                                legal and other representatives of visa
                                                                                                        counterterrorism;                                      entity, when the Department of State
                                                applicants, relatives of visa applicants,
                                                                                                           G. The Department of Labor for uses                 determines that information from this
                                                and other interested parties where such
                                                                                                        within its statutory mission including                 system of records is reasonably
                                                communications are, or may be, relevant
                                                                                                        the administration and enforcement of                  necessary to assist the recipient agency
                                                to visa adjudication; and internal
                                                                                                        U.S. labor laws;                                       or entity in (1) responding to a
                                                Department of State correspondence and
                                                                                                           H. Congress, for the formulation,                   suspected or confirmed breach or (2)
                                                notes relating to visa adjudication. Visa
                                                                                                        amendment, administration, or                          preventing, minimizing, or remedying
                                                Records may also contain information
                                                                                                        enforcement of the immigration,                        the risk of harm to individuals, the
                                                collected regarding applicants’ or
                                                                                                        nationality, and other laws of the United              recipient agency or entity (including its
                                                petitioners’ U.S. family members; U.S.
                                                                                                        States;                                                information systems, programs, and
                                                employers; other U.S. persons
                                                                                                           I. State, local, and tribal government              operations), the Federal Government, or
                                                referenced by the applicant or
                                                                                                        officials for law enforcement, counter-                national security, resulting from a
                                                petitioner.
                                                                                                        terrorism, or border security purposes;                suspected or confirmed breach.
                                                ROUTINE USES OF RECORDS MAINTAINED IN THE                  J. Interested persons (such as the visa                The Department of State periodically
                                                SYSTEM, INCLUDING CATEGORIES OF USERS AND               applicant, the applicant’s legal                       publishes in the Federal Register its
                                                PURPOSES OF SUCH USES:                                  representative or other designated                     standard routine uses that apply to all
                                                  The principal users of this                           representative) inquiring as to the status             of its Privacy Act systems of records.
                                                information outside the Department of                   of a particular visa case (limited                     These notices appear in the form of a
                                                State may include, when consistent                      unclassified information may be                        Prefatory Statement (published in
                                                with Section 222(f) of the Immigration                  released when appropriate);                            Volume 73, Number 136, Public Notice
                                                and Nationality Act:                                       K. Courts provided the Secretary of                 6290, on July 15, 2008). All these
                                                  A. The Department of Homeland                         State has determined that release is                   standard routine uses apply to Visa
                                                Security for uses within its statutory                  appropriate, and the court has certified               Records, State-39.
                                                mission, including to process, approve                  it needs such information in the interest
                                                or deny visa petitions and waivers, as                  of the ends of justice in a case pending               POLICIES AND PRACTICES FOR STORAGE OF
                                                well as for law enforcement,                            before the court;                                      RECORDS:
                                                counterterrorism, transportation and                       L. Foreign governments for purposes
                                                border security, administration of                      relating to the administration or                         Records are stored both in hard copy
                                                immigrant benefits, critical                            enforcement of the immigration,                        and on electronic media. A description
                                                infrastructure protection, fraud                        nationality, and other laws of the United              of standard Department of State policies
                                                prevention, or employment verification                  States, or in the Secretary’s discretion               concerning storage of electronic records
                                                purposes;                                               and on the basis of reciprocity, for the               is found in the Department’s Foreign
                                                  B. Public or private employers seeking                purpose of preventing, investigating, or               Affairs Manual (https://fam.state.gov/
                                                to confirm the authenticity of the visa                 punishing acts that would constitute a                 FAM/05FAM/05FAM0440.html). All
                                                when it is presented as evidence of                     crime in the United States or, pursuant                hard copies of records containing
                                                identity and/or authorization to work in                to an agreement with a foreign                         personal information are maintained in
                                                the United States;                                      government, to enable such government                  secured file cabinets in restricted areas,
                                                  C. The Department of Justice,                         to consider whether the record indicates               access to which is limited to authorized
                                                including the Federal Bureau of                         a person would be inadmissible to the                  personnel.
                                                Investigation (and its National Crime
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                                                                                                        United States when it determines
                                                                                                                                                               POLICIES AND PRACTICES FOR RETRIEVAL OF
                                                Information Center), the Terrorist                      whether to deny a visa, grant entry,
                                                                                                                                                               RECORDS:
                                                Screening Center, the Bureau of                         authorize an immigration benefit, or
                                                Alcohol, Tobacco, Firearms and                          order removal of such person.                            Records may be retrieved through
                                                Explosives, the U.S. National Central                      M. The Centers for Disease Control                  individual data fields including but not
                                                Bureau (Interpol) and the Drug                          and Prevention, for uses within its                    limited to: Applicant personal data;
                                                Enforcement Administration, for                         statutory mission, including its role                  biometrics and namecheck data; case
                                                purposes of law enforcement, criminal                   relative to the physical and mental                    data; and visa data.


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                                                28064                           Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Notices

                                                POLICIES AND PRACTICES FOR RETENTION AND                needs access, the user account is                      contain information pertaining to them
                                                DISPOSAL OF RECORDS:                                    disabled.                                              may write to U.S. Department of State;
                                                   The retention period for visa records                  Before being granted access to Visa                  Director, Office of Information Programs
                                                depends on the nature of the                            Records, a user must first be granted                  and Services; A/GIS/IPS; SA–2, Suite
                                                information and disposition of the visa                 access to the Department of State                      8100; Washington, DC 20522–0208. The
                                                adjudication. Some files related to                     computer system. Remote access to the                  individual must specify that he or she
                                                issued immigrant visas are destroyed six                Department of State network from non-                  wishes the Visa Records to be checked.
                                                months after issuance. In some                          Department owned systems is                            At a minimum, the individual must
                                                instances, files with historical                        authorized only through a Department                   include: Full name (including maiden
                                                significance are permanent records.                     approved access program. Remote                        name, if appropriate) and any other
                                                Most files related to Certificates of                   access to the network is configured with               names used; current mailing address
                                                Identity are retained for twenty years                  the authentication requirements                        and zip code; date and place of birth;
                                                after closure. These records are retired                contained in the Office of Management                  notarized signature or statement under
                                                and destroyed in accordance with                        and Budget Circular Memorandum A–                      penalty of perjury; a brief description of
                                                published Department of State Records                   130. All Department of State employees                 the circumstances that caused the
                                                Disposition Schedules as approved by                    and contractors with authorized access                 creation of the record (including the city
                                                the National Archives and Records                       have undergone a background security                   and/or country and the approximate
                                                Administration (NARA), and a complete                   investigation.                                         dates) which gives the individual cause
                                                list of the Department’s schedules can                                                                         to believe that the Visa Records include
                                                                                                        RECORD ACCESS PROCEDURES:
                                                be found on our Freedom of Information                                                                         records pertaining to him or her.
                                                Act (FOIA) program’s website (https://                    Individuals who wish to gain access
                                                                                                        to or to amend records pertaining to                   EXEMPTIONS PROMULGATED FOR THE SYSTEM:
                                                foia.state.gov/Learn/Records
                                                Disposition.aspx). More specific                        themselves should write to U.S.                          Pursuant to 5 U.S.C. 552a(k)(1), (k)(2),
                                                information may be obtained by writing                  Department of State; Director, Office of               and (k)(3), records contained within this
                                                to the following address: Director, Office              Information Programs and Services;                     system of records are exempted from 5
                                                of Information Programs and Services,                   A/GIS/IPS; SA–2, Suite 8100;                           U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G),
                                                A/GIS/IPS; SA–2, Department of State;                   Washington, DC 20522–0208. The                         (H), and (I), and (f). See Department of
                                                515 22nd Street NW; Washington, DC                      individual must specify that he or she                 State Rules published in the Federal
                                                20522–8100.                                             wishes the Visa Records to be checked.                 Register, under 22 CFR 171.26.
                                                                                                        At a minimum, the individual must
                                                                                                        include: Full name (including maiden                   HISTORY:
                                                ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
                                                SAFEGUARDS:                                             name, if appropriate) and any other                       This SORN was previously published
                                                                                                        names used; current mailing address                    at 77 FR 65245 (October 25, 2012).
                                                   All users are given cyber security
                                                awareness training which covers the                     and zip code; date and place of birth;                 Mary R. Avery,
                                                procedures for handling Sensitive but                   notarized signature or statement under
                                                                                                                                                               Senior Agency Official for Privacy, Senior
                                                Unclassified information, including                     penalty of perjury; a brief description of             Advisor, Office of Global Information
                                                personally identifiable information (PII).              the circumstances that caused the                      Services, Bureau of Administration,
                                                Annual refresher training is mandatory.                 creation of the record (including the city             Department of State.
                                                In addition, all Foreign Service and                    and/or country and the approximate                     [FR Doc. 2018–12871 Filed 6–14–18; 8:45 am]
                                                Civil Service employees and those                       dates) which gives the individual cause                BILLING CODE 4710–24–P
                                                Locally Employed Staff who handle PII                   to believe that the Visa Records include
                                                are required to take the Foreign Service                records pertaining to him or her.
                                                Institute’s distance learning course                    Detailed instructions on Department of
                                                                                                        State procedures for accessing and                     SURFACE TRANSPORTATION BOARD
                                                instructing employees on privacy and
                                                security requirements, including the                    amending records can be found at the                   [Docket No. FD 36199]
                                                rules of behavior for handling PII and                  Department’s FOIA website (https://
                                                the potential consequences if it is                     foia.state.gov/Request/Guide.aspx).                    Oregon International Port of Coos Bay
                                                handled improperly.                                       However, in general, visa records are                and Coos Bay Rail Line, Inc.—Intra-
                                                                                                        confidential and may not be released                   Corporate Family Transaction
                                                   Access to the Department of State, its
                                                                                                        under section 222(f) of the Immigration                Exemption
                                                annexes and posts abroad is controlled
                                                                                                        and Nationality Act, except that, the
                                                by security guards and admission is                                                                               Oregon International Port of Coos Bay
                                                                                                        Department of State may consider
                                                limited to those individuals possessing                                                                        (the Port), and Coos Bay Rail Line, Inc.
                                                                                                        requests for records that originated with,
                                                a valid identification card or individuals                                                                     (Coos Rail) (collectively, the
                                                                                                        or were sent to, a requesting visa
                                                under proper escort. While the majority                                                                        Applicants), have jointly filed a verified
                                                                                                        applicant or someone acting on such
                                                of records covered in Visa Records are                                                                         notice of exemption under 49 CFR
                                                                                                        applicant’s behalf to be releasable
                                                electronic, all paper records containing                                                                       1180.2(d)(3) for an intra-corporate
                                                                                                        thereto.
                                                personal information are maintained in                                                                         family transaction. According to the
                                                secured file cabinets in restricted areas,              CONTESTING RECORD PROCEDURES:                          Applicants, the Port is a rail common
                                                access to which is limited to authorized                  Individuals who wish to contest                      carrier that owns certain interconnected
                                                personnel only. Access to computerized                  record procedures should write to U.S.                 railroad lines in Oregon extending from
                                                files is password-protected and under
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                                                                                                        Department of State; Director, Office of               Eugene to Coquille via Coos Bay, a total
                                                the direct supervision of the system                    Information Programs and Services;                     of roughly 133 route miles.1 The
                                                manager. The system manager has the                     A/GIS/IPS; SA–2, Suite 8100;
                                                capability of printing audit trails of                  Washington, DC 20522–0208.                               1 See Or. Int’l Port of Coos Bay—Acquis.

                                                access from the computer media,                                                                                Exemption—Rail Line of Union Pac. R.R. in Coos
                                                                                                        NOTIFICATION PROCEDURES:                               Cty., Or., FD 35385 (STB served Jul. 9, 2010); Or.
                                                thereby permitting regular and ad hoc                                                                          Int’l Port of Coos Bay—Feeder Line Application—
                                                monitoring of computer usage. When it                     Individuals who have reason to                       Coos Bay Line of Cent. Ore. & Pac. R.R., FD 35160
                                                is determined that a user no longer                     believe that this system of records may                (STB served Oct. 31, 2008; modified Mar. 12, 2009.)



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Document Created: 2018-11-02 12:01:07
Document Modified: 2018-11-02 12:01:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of a modified system of records.
DatesThis system of records notice is effective upon publication, with the exception of the routine uses (m), (n), and (o) that are subject to a 30-day period during which interested persons may submit comments to the Department. Please submit any comments by July 16, 2018.
ContactMary R. Avery, Senior Agency Official for Privacy; U.S. Department of State; Office of Global Information Services, A/GIS/PRV; SA-2, Suite 8100; Washington, DC 20522-0208; at [email protected] or (202) 663-2215.
FR Citation83 FR 28062 

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