Notice2021-24303
Privacy Act of 1974; System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 8, 2021
Issuing agencies
State Department
Abstract
This system of records compiles information used in the adjudication of U.S. visas.
Full Text
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<title>Federal Register, Volume 86 Issue 213 (Monday, November 8, 2021)</title>
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[Federal Register Volume 86, Number 213 (Monday, November 8, 2021)]
[Notices]
[Pages 61822-61825]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24303]
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DEPARTMENT OF STATE
[Public Notice 11579]
Privacy Act of 1974; System of Records
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: In accordance with 5 U.S.C. 552a(e)(4) and (11), this system of
records notice is applicable upon publication.
ADDRESSES: Questions can be submitted by mail, email, or by calling
Eric F. Stein, the Senior Agency Official for Privacy, on (202) 485-
2051. If mail, please write to: U.S. Department of State; Office of
Global Information Systems, A/GIS; Room 1417, 2201 C St. NW,
Washington, DC 20520. If email, please address the email to the Senior
Agency Official for Privacy, Eric F. Stein, at <a href="/cdn-cgi/l/email-protection#1242607b6473716b5261667366773c757d64"><span class="__cf_email__" data-cfemail="bfefcdd6c9dedcc6ffcccbdecbda91d8d0c9">[email protected]</span></a>.
Please write ``Visa Records, State-39'' on the envelope or the subject
line of your email.
[[Page 61823]]
FOR FURTHER INFORMATION CONTACT: Eric F. Stein, Senior Agency Official
for Privacy; U.S. Department of State; Office of Global Information
Services, A/GIS; Room 1417, 2201 C St. NW, Washington, DC 20520 or by
calling (202) 485-2051.
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 Covered by the
System, Categories of Records in the System, Record Source Categories,
and Administrative, Technical, and Physical Safeguards. In addition,
this notice makes administrative updates to the following sections:
Record Access Procedures, Contesting Record Procedures, Notification
Procedures, and History. These changes reflect new visa adjudication
procedures, the movement to cloud storage, 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 St. NW,
Washington, DC 20520; Visa Office, Department of State, Annex 17, 600
19th St. 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,
consulates, and Department of State Enterprise Server Operations
Centers (henceforth referred to as the Department of State). Records
may also be located within a government-certified cloud provided by a
cloud-based service provider.
SYSTEM MANAGER(S):
Deputy Assistant Secretary for Visa Services, Room 6811, Department
of State, 2201 C St. 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. All system managers can be contacted with this email address
<a href="/cdn-cgi/l/email-protection#623230233d20171006070c210d0f0f070c16112211160316074c050d14"><span class="__cf_email__" data-cfemail="673735263825121503020924080a0a0209131427141306130249000811">[email protected]</span></a>. When emailing system managers, include
the phrase ``SORN'' in the email subject line. 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. The Privacy Act defines
an individual at 5 U.S.C. 552a(a)(2) as a U.S. citizen or lawful
permanent resident.
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; social security numbers; national
identity numbers; photographs; financial information; gender, birth,
marriage, death and divorce certificates; interview worksheets;
biographic information sheets; affidavits of relationship; medical
examinations and immunization reports; police records, criminal and
legal information; educational and employment records; petitions for
immigrant status and nonimmigrant status; bank statements; social media
handles and information gathered from social media; 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; and other U.S. persons referenced by the
applicant or petitioner.
RECORD SOURCE CATEGORIES:
These records contain information that is primarily obtained from
the individual who is the subject of the records; attorneys/agents
representing these individuals; relatives; sponsors; petitioners;
members of Congress; U.S. Government agencies; foreign government
agencies, international organizations; local sources at posts; and
anyone else with information that is, or may be, relevant to a U.S.
visa application.
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
[[Page 61824]]
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, counterterrorism, 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 (<a href="https://fam.state.gov/FAM/05FAM/05FAM0440.html">https://fam.state.gov/FAM/05FAM/05FAM0440.html</a>). 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.
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-five 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 its Freedom of Information Act (FOIA)
program's website (<a href="https://foia.state.gov/Learn/RecordsDisposition.aspx">https://foia.state.gov/Learn/RecordsDisposition.aspx</a>). More specific information may be obtained by
writing to the following address: U.S. Department of State; Director,
Office of Information Programs and Services; A/GIS/IPS; 2201 C Street
NW; Room B-266; Washington, DC 20520.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
All Department of State network users are given cyber security
awareness training which covers the procedures for handling Sensitive
but Unclassified information, including personally identifiable
information (PII). Annual refresher training is mandatory. In addition,
all Department OpenNet network users are required to take the Foreign
Service Institute's distance learning course instructing employees on
privacy and security requirements, including the rules of behavior for
handling PII and the potential consequences if it is handled
improperly. Before being granted access to Visa Records, a user must
first be granted access to the Department of State network system.
Department of State employees and contractors may remotely access
this system of records using non-Department owned information
technology. Such access is subject to approval by the Department's
mobile and remote access program and is limited to information
maintained in unclassified information systems. Remote access to the
Department's information systems is configured in compliance with the
Office of Management and Budget Circular Memorandum A-130 multifactor
authentication requirements and includes a time-out function.
All Department of State employees and contractors with authorized
access to records maintained in this system of records have undergone a
background security investigation. Access to the Department of State,
its annexes and posts abroad is controlled by security guards and
admission is limited to those individuals possessing a valid
identification card or individuals under proper escort. 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,
[[Page 61825]]
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.
The safeguards in the following paragraphs apply only to records
that are maintained in government-certified cloud systems. All cloud
systems that provide IT services and process Department of State
personally identifiable information (PII) must be specifically
authorized by the Department of State Authorizing Official and Senior
Agency Official for Privacy.
Information that conforms with Department-specific definitions for
FISMA low, moderate, or high categorization are permissible for cloud
usage and must specifically be authorized by the Department's Cloud
Management Office and the Department of State Authorizing Official.
Specific security measures and safeguards will depend on the FISMA
categorization of the information in a given cloud system. In
accordance with Department policy, systems that process more sensitive
information will require more stringent controls and review by
Department cybersecurity experts prior to approval. Prior to operation,
all Cloud systems must comply with applicable security measures that
are outlined in FISMA, FedRAMP, OMB regulations, National Institute of
Standards and Technology (NIST) Special Publications (SP) and Federal
Information Processing Standards (FIPS) and Department of State
policies and standards.
All data stored in cloud environments categorized above a low FISMA
impact risk level must be encrypted at rest and in-transit using a
federally-approved encryption mechanism. The encryption keys shall be
generated, maintained, and controlled in a Department data center by
the Department key management authority. Deviations from these
encryption requirements must be approved in writing by the Department
of State Authorizing Official. High FISMA impact risk level systems
will additionally be subject to continual auditing and monitoring,
multifactor authentication mechanisms utilizing Public Key
Infrastructure (PKI) and NIST 800-53 controls concerning
virtualization, servers, storage and networking, as well as stringent
measures to sanitize data from the cloud service once the contract is
terminated.
RECORD ACCESS PROCEDURES:
Individuals who wish to gain access to or to amend records
pertaining to themselves should write to U.S. Department of State;
Director, Office of Information Programs and Services; A/GIS/IPS; 2201
C St. NW; Room B-266; Washington, DC 20520. The individual must specify
that he or she wishes 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; email address; telephone number;
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 the individual. Detailed instructions on
Department of State procedures for accessing and amending records can
be found at the Department's FOIA website (<a href="https://foia.state.gov/Request/Guide.aspx">https://foia.state.gov/Request/Guide.aspx</a>).
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; 2201 C St. NW; Room B-266; Washington, DC 20520.
NOTIFICATION PROCEDURES:
Individuals who have reason to believe that this system of records
may contain information pertaining to them may write to U.S. Department
of State; Director, Office of Information Programs and Services; A/GIS/
IPS; 2201 C St. NW; Room B-266; Washington, DC 20520. The individual
must specify that he 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; email address; telephone number;
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 the individual.
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 83 FR 28062 (June 15, 2018).
Eric F. Stein,
Acting Deputy Assistant Secretary, Bureau of Administration, Global
Information Services, U.S. Department of State.
[FR Doc. 2021-24303 Filed 11-5-21; 8:45 am]
BILLING CODE 4710-13-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.