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

DEPARTMENT OF STATE

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

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

[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