Privacy Act; System of Records: Visa Records, State-39, 65245-65247 [2012-26307]

Agencies

• DEPARTMENT OF STATE

[Federal Register Volume 77, Number 207 (Thursday, October 25, 2012)]
[Notices]
[Pages 65245-65247]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26307]


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DEPARTMENT OF STATE

[Public Notice 8070]


Privacy Act; System of Records: Visa Records, State-39

SUMMARY: Notice is hereby given that the Department of State proposes 
to amend an existing system of records, Visa Records, State-39, 
pursuant to the provisions of the Privacy Act of 1974, as amended (5 
U.S.C. 552a) and Office of Management and Budget Circular No. A-130, 
Appendix I.

DATES: This system of records will be effective on December 4, 2012, 
unless we receive comments that will result in a contrary 
determination.

ADDRESSES: Any persons interested in commenting on the amended system 
of records may do so by writing to the Director; Office of Information 
Programs and Services, A/GIS/IPS; Department of State, SA-2; 515 22nd 
Street NW., Washington, DC 20522-8001.

FOR FURTHER INFORMATION CONTACT: Director; Office of Information 
Programs and Services, A/GIS/IPS; Department of State, SA-2; 515 22nd 
Street NW., Washington, DC 20522-8001.

SUPPLEMENTARY INFORMATION: The Department of State proposes that the 
current system retain the name ``Visa Records'' (60 FR 39469). The Visa 
Records system will maintain

[[Page 65246]]

information used to assist the Bureau of Consular Affairs and consular 
officers in the Department and overseas to adjudicate visas. The system 
is also utilized for dealing with problems of a legal, enforcement, 
technical, or procedural nature that may arise in connection with a 
U.S. visa. This update to the Visa Records System of Records includes 
revisions to the following sections: Security Classification, System 
Location, Categories of Individuals, Categories of Records, Routine 
Uses, Safeguards, Retrievability, Records Access Procedures, and 
administrative updates. The following section has been added to the 
system of records, Visa Records, State-39, to ensure Privacy Act of 
1974 compliance: Purpose.
    The Department's report was filed with the Office of Management and 
Budget. The amended system description, ``Visa Records, State-39,'' 
will read as set forth below.

Joyce A. Barr,
Assistant Secretary for Administration, U.S. Department of State.
STATE-39

SYSTEM NAME:
    Visa Records.

SECURITY CLASSIFICATION:
    Classified and Unclassified.

SYSTEM LOCATION:
    Visa Office, Department of State, Annex 1, 2401 E Street NW., 
Washington, DC 20522-0113; Department of State, 2201 C Street NW., 
Washington, DC 20520-4818; National Visa Center, 32 Rochester Avenue, 
Portsmouth, NH 03801; Kentucky Consular Center, 3505 N. US Hwy 25 W, 
Williamsburg, KY 40769; U.S. embassies, consulates general, and 
consulates (henceforth referred to as the Department of State).

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Visa Records may include the following individuals when required by 
a visa application: U.S. petitioners; and U.S. persons applying for 
returning residence travel documentation.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Visa Records maintains visa applications and related forms; 
biometric information; photographs; birth, marriage, death and divorce 
certificates; documents of identity; 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 applicant's or 
petitioner's U.S. family members; U.S. employers; other U.S. persons 
referenced by the applicant or petitioner.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    8 U.S.C. 1101-1503 (Immigration and Nationality Act of 1952, as 
amended).

PURPOSE:
    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. 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.

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.
    The Department of State periodically publishes in the Federal 
Register its

[[Page 65247]]

standard routine uses that apply to all of its Privacy Act systems of 
records. These notices appear in the form of a Prefatory Statement. 
These standard routine uses apply to Visa Records, State-39.

STORAGE:
    Electronic media and hard copy.

RETRIEVABILITY:
    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.

SAFEGUARDS:
    All U.S. Government employees and contractors with authorized 
access have undergone a thorough background security investigation.
    All Department 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 Engaged Staff 
(LES) who handle PII are required to take the Foreign Service Institute 
distance learning course instructing employees on privacy and security 
requirements, including the rules of behavior for handling PII and the 
potential consequences if it is handled improperly. Before being 
granted access to 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 Office of Management and Budget Memorandum M-07-16 security 
requirements, which include but are not limited to two-factor 
authentication and time out function.
    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. All paper records containing personal information are 
maintained in secured file cabinets in restricted areas, access to 
which is limited to authorized personnel. Access to computerized files 
is password-protected and under the direct supervision of the system 
manager. The system maintains audit trails of access and activity for 
each user within each function, thereby permitting regular and ad hoc 
monitoring of computer usage by systems and consular managers.
    When it is determined that a user no longer needs access, the 
user's account is disabled.

RETENTION AND DISPOSAL:
    These records will be maintained until they become inactive, at 
which time they will be destroyed or retired in accordance with 
published record disposition schedules of the Department of State and 
as approved by the National Archives and Records Administration. More 
specific information may be obtained by writing to the Director; Office 
of Information Programs and Services; A/GIS/IPS; SA-2; Department of 
State; 515 22nd Street NW., Washington, DC 20522-8100.

SYSTEM MANAGER AND ADDRESS:
    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. US Hwy 25 W, Williamsburg, 
KY 40769. At specific locations abroad the on-site manager is the 
consular officer responsible for visa processing.

NOTIFICATION PROCEDURES:
    Individuals who have reason to believe that the Department of State 
might have visa records pertaining to them may write to the Director; 
Office of Information Programs and Services; A/GIS/IPS; SA-2; 
Department of State; 515 22nd Street NW.; Washington, DC 20522-8100. 
The individual must specify that he or she wishes Visa Records for his/
her application or petition to be checked. At a minimum, the individual 
should include: name; date and place of birth; current mailing address 
and zip code; signature; a brief description of the circumstances that 
caused the creation of the record (including the city and/or country 
and the approximate dates), which give the individual cause to believe 
that the Department of State has records pertaining to him or her.

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

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.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    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 171.36.

[FR Doc. 2012-26307 Filed 10-24-12; 8:45 am]
BILLING CODE 4710-24-P