Privacy Act of 1974; System of Records, 80804-80809 [2023-25571]

Agencies

• DEPARTMENT OF STATE

[Federal Register Volume 88, Number 222 (Monday, November 20, 2023)]
[Notices]
[Pages 80804-80809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25571]


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DEPARTMENT OF STATE

[Public Notice: 12265]


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 comprises information gathered in 
connection with the Department's role in providing consular assistance 
to U.S. citizens overseas, and its role as the United States Central 
Authority under the Hague Adoption and Abduction Conventions.

DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this system of 
records notice is effective upon publication, with the exception of 
routine uses E, F, G, K, M, N, O, P, R, S, U, V, W, X, Y, Z, AA, CC, 
DD, EE, FF, GG, HH, II, JJ, KK, LL, MM, and NN that are subject to a 
30-day period during which interested persons may submit comments to 
the Department. Please submit any comments by December 20, 2023.

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 by mail, please write to: U.S. Department of State; Office of 
Global Information Systems, A/GIS; 2201 C St. NW, Room 4534; 
Washington, DC 20520. If email, please address the email to the Senior 
Agency Official for Privacy, Eric F. Stein, at [email protected]. 
Please write ``Overseas Citizens Services Records and Other Overseas 
Records, State-05'' on the envelope or the subject line of your email.

FOR FURTHER INFORMATION CONTACT: Eric F. Stein, Senior Agency Official 
for Privacy; U.S. Department of State; Office of Global Information 
Services, A/GIS; 2201 C St., Room 4534 NW; Washington, DC 20520 or by 
calling (202) 485-2051.

SUPPLEMENTARY INFORMATION: The modified system of records notice 
includes revisions and additions to the following sections: Authority 
for Maintenance of the System; Purpose(s) of the System; Categories of 
Individuals Covered by the System; Categories of Records in the System; 
Record Source Categories; Routine Uses; Policies and Practices for 
Storage of Records; Policies and Practices for Retention and Disposal 
of Records; 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. This notice is being modified to 
reflect the Department's move to cloud storage, new OMB guidance, 
updated contact information, new routine uses compatible with the 
provision of consular assistance, additional cited authorities, and a 
notice publication history.
    System Name and Number: Overseas Citizens Services Records and 
Other Overseas Records, State-05.
    Security Classification: Unclassified and Classified.
    System Location: Department of State, Bureau of Consular Affairs, 
Overseas Citizens Services, SA-17, 10th Floor, Washington, DC 20522-
1710 and overseas at U.S. embassies, U.S. consulates general, U.S. 
consulates, and U.S. consular agencies. Records may also be located 
within a government cloud provided, implemented, and overseen by the 
Department's Enterprise Server Operations Center (ESOC) 2201 C Street 
NW, Washington, DC 20520.
    System Manager(s): Deputy Assistant Secretary for Overseas Citizens 
Services; SA-17, 10th Floor, Washington, DC 20522-1710 at (202) 485-
6044. At overseas locations, the onsite system manager is the Chief of 
the Consular Section or another Department of State employee with 
responsibility for consular services as provided by the post in 
question.
    Authority for Maintenance of the System:
    (a) 8 U.S.C. 1104 (Powers and Duties of the Secretary of State);
    (b) 22 U.S.C. 2656 (Management of foreign affairs);
    (c) 22 U.S.C. 3904 (Functions of the Foreign Service, including 
protection of U.S. citizens in foreign countries pursuant to the Vienna 
Convention on Consular Relations and providing assistance to other 
agencies);
    (d) 22 U.S.C. 211a et seq. (Passport application and issuance);
    (e) 22 U.S.C. 2705 (Documentation of citizenship);
    (f) 8 U.S.C. 1501-1504 (Adjudication of possible loss of 
nationality and cancellation of U.S. passports and CRBAs);
    (g) 22 U.S.C. 1731 (Protection of naturalized U.S. citizens in 
foreign countries);
    (h) 22 U.S.C. 1732 (Release of citizens imprisoned by foreign 
governments);
    (i) 22 U.S.C. 2671(b)(2)(A)-(B) and (d) (Evacuation assistance and 
repatriation loans for destitute U.S. citizens abroad);
    (j) 22 U.S.C. 2670(j) (Provision of emergency medical, dietary and 
other assistance);
    (k) 22 U.S.C. 4802 (Overseas evacuations);

[[Page 80805]]

    (l) 22 U.S.C. 2151n-1 (Assistance to arrested citizens) (Repealed, 
but applicable to past records);
    (m) 22 U.S.C. 5503-5511 (Aviation disaster response);
    (n) 22 U.S.C. 2715 (Procedures regarding major disasters and 
incidents abroad affecting United States citizens);
    (o) 22 U.S.C. 2715a (Responsibility to inform victims and their 
families regarding crimes against U.S. citizens abroad);
    (p) 22 U.S.C. 2715b (Notification of next of kin of death of U.S. 
citizens in foreign countries);
    (q) 22 U.S.C. 2715c (Conservation and Disposition of Estates);
    (r) 22 U.S.C. 4195, 4196 (Official notification of death of U.S. 
citizens in foreign countries; transmission of inventory of effects) 
(22 U.S.C. 4195 repealed, but applicable to past records);
    (s) 22 U.S.C. 2729 (State Department records of overseas deaths of 
United States citizens from nonnatural causes);
    (t) 22 U.S.C. 4197 (Assistance with disposition of estates of U.S. 
citizens upon death in a foreign country);
    (u) 22 U.S.C. 4198 (Bond as Administrator or Guardian; Action on 
Bond);
    (v) 22 U.S.C. 4193, 4194; 22 U.S.C. 4205-4207; 46 U.S.C. 10308, 
10309, 10318 (Merchant seamen protection and relief);
    (w) 22 U.S.C. 256 (Jurisdiction of consular officers in disputes 
between seamen);
    (x) 46 U.S.C. 10704-10705 (Responsibility for deceased seamen and 
their effects);
    (y) 22 U.S.C. 4215, 4221 (Administration of oaths, affidavits, and 
other notarial acts);
    (z) 28 U.S.C. 1740, 1741 (Authentication of documents);
    (aa) 28 U.S.C. 1781-1785 (Judicial Assistance to U.S. and foreign 
courts and litigants);
    (bb) 28 U.S.C. 1608 (Service on a Foreign State);
    (cc) 28 U.S.C. 1696 (Service in International and Foreign 
Litigation);
    (dd) 42 U.S.C. 14901-14954; Intercountry Adoption Act of 2000, 
(Assistance with intercountry adoptions under the Hague Intercountry 
Adoption Convention, maintenance of related records);
    (ee) 22 U.S.C. 9001-9011, International Child Abduction Remedies 
Act (Assistance to applicants in the location and return of children 
wrongfully removed or retained or for securing effective exercise of 
rights of access);
    (ff) 22 U.S.C. 9101, 9111-9114, 9121-9125, 9141, International 
Child Abduction Prevention and Return Act of 2014 (Reporting 
requirements, prevention measures, and other assistance on 
international parental child abduction cases);
    (gg) 6 U.S.C. 241, Prevention of International Parental Child 
Abduction;
    (hh) 42 U.S.C. 1973ff-1973ff-6 (Overseas absentee voting);
    (ii) 42 U.S.C. 402 (Social Security benefits payments);
    (jj) 50 U.S.C. App. 453, 454, Presidential Proclamation No. 4771, 
July 2, 1980 as amended by Presidential Proclamation 7275, February 22, 
2000 (Selective Service registration), and
    (kk) 22 U.S.C. 3306 (Services to United States citizens on Taiwan).
    Purpose(s) of the System: The primary purpose of this system of 
records is the furtherance of the Department of State's 
responsibilities to provide consular protection and services for U.S. 
citizens overseas, as well as its responsibilities as the United States 
Central Authority under the Hague Adoption and Abduction Conventions. 
Such responsibilities relate to matters including but not necessarily 
limited to: adjudication of claims relating to acquisition (providing 
Consular Report of Birth Abroad and passport services) or loss of U.S. 
citizenship; assistance to individuals abroad, including in death 
cases, loan and destitution cases, welfare and whereabouts cases, 
prisoner (including prisoner transfer) cases, arrest cases, hostage and 
kidnapping cases; assistance to minors, including to children who may 
be victims of abuse, neglect, or who are abandoned or runaways; 
assistance to individuals involved in child support enforcement 
proceedings; persons collecting federal benefits overseas; resolution 
of property, estate, and benefits claims arising under pertinent law; 
assistance to individuals involved in intercountry adoption cases and 
in possible or actual international child custody disputes and/or 
international parental child abduction cases, including the fulfillment 
of the Department's obligations and duties as the United States Central 
Authority under the Hague Adoption and Abduction Conventions and 
related authorities; and oversight of accredited and approved adoption 
service providers and the designated accrediting entities for 
intercountry adoption.
    Categories of Individuals Covered by the System: Individuals, 
assisted by or who otherwise interact with the Department of State's 
Directorate of Overseas Citizens Services (OCS), within the Bureau of 
Consular Affairs, or by or with consular personnel overseas, who: (a) 
seek to establish a claim to U.S. nationality or inquire about possible 
loss of U.S. nationality; (b) apply for U.S. passports and/or Consular 
Reports of Birth of a U.S. Citizen Abroad; (c) register as U.S. persons 
living, studying, working, or traveling abroad to include U.S. persons 
who have demonstrated an intention to travel outside the United States 
through registering in the Department of State's Smart Traveler 
Enrollment Program; (d) request and/or receive information or 
assistance regarding travel abroad; (e) seek assistance from U.S. 
embassies and/or consulates overseas or from OCS; (f) initiate requests 
relating to another U.S. citizen's welfare and whereabouts or are 
themselves the subjects of such requests; (g) are reported as or are 
otherwise believed to be missing or held hostage overseas; (h) are or 
may be a victim of a crime abroad; (i) are involved in a case of child 
welfare abroad, including children who may be victims of abuse, 
neglect, or who are abandoned or are runaways; (j) are involved in a 
child support enforcement proceeding; (k) request and/or receive 
temporary refuge in a U.S. embassy or consulate; (l) request to be and/
or are evacuated to the United States or a third country as a result of 
a civil disorder, natural disaster, or other emergency overseas; (m) 
request and/or receive assistance, including financial assistance, for 
repatriation and/or emergency needs; (o) are detained, arrested, or 
incarcerated overseas and/or their families; (p) request and/or receive 
notarial or authentication services or judicial assistance; (q) die 
overseas or are involved in the disposition of a decedent's personal 
estate; (r) have or assert an interest in property (real or personal) 
abroad; (s) are living overseas and claim or receive federal benefits; 
(t) have sought or received assistance or benefits by virtue of having 
been held hostage overseas or because of their relationship with a 
person held hostage overseas; (u) vote in U.S. federal and/or state 
elections while overseas; (v) register with the U.S. Selective Service 
System while living overseas; (w) are seamen inquiring about consular 
services; (x) request and/or receive information or assistance 
regarding the Children's Passport Issuance Alert Program, and/or other 
international parental child abduction prevention programs; (y) are 
involved in a possible or actual international child custody dispute 
and/or international parental child abduction case (covered individuals 
may include parents and/or guardians, child(ren), and/or any other 
parties to the case or dispute), including but not limited to a Hague 
Abduction Convention proceeding for return of or

[[Page 80806]]

access to a child; (z) seek to adopt and/or adopt a child from a 
foreign country; (aa) participate in the intercountry adoption process; 
(bb) are children who are eligible for intercountry adoption and/or are 
adopted, and either immigrate to or emigrate from the United States, 
whether or not such adoption is covered by the Hague Convention on 
Protection of Children and Co-operation in Respect of Intercountry 
Adoption, Treaty Doc. 105-51, signed May 29, 1993 (Hague Adoption 
Convention) and its implementing legislation (Intercountry Adoption Act 
of 2000 (IAA), (42 U.S.C. 14901 et seq.)) and related regulations; (cc) 
seek to provide, have provided, and/or do provide intercountry adoption 
services, in connection with an intercountry adoption case whether or 
not such case is covered by the Hague Adoption Convention and the IAA; 
and (dd) contribute to, or are a subject of, a complaint in the 
Complaint Registry created pursuant to 22 CFR 96.68 et seq. Records may 
also pertain to individuals who are otherwise involved in the 
discussion, establishment, execution, or definition of United States 
foreign policy. The Privacy Act defines an individual at 5 U.S.C. 
552a(a)(2) as a United States citizen or lawful permanent resident.
    Categories of Records in the System: Emergency Medical and Dietary 
Assistance loan applications; repatriation and evacuation loan 
applications; past applications for benefits for hostages and/or their 
families; seamen services records; welfare and whereabouts records; 
records related to missing persons and hostage cases; Reports of 
Presumptive Death Abroad; records of U.S. citizens who register as 
visiting or residing overseas; records related to federal benefits and 
property claims; records related to arrest cases, death and estate 
cases, evacuation cases, prisoner, transfer cases, refuge cases, 
victims of crime cases, child abuse and neglect cases, abandoned 
children and runaway cases, ; records related to marriage; records 
related to publicly available attorney and medical professional lists; 
records related to judicial assistance cases; records related to 
intercountry adoption cases (including those covered under the Hague 
Intercountry Adoption Convention and the Intercountry Adoption Act of 
2000); records related to possible or actual international child 
custody disputes and/or international parental child abduction cases, 
including but not limited to Hague Abduction Convention proceedings for 
return of or access to a child; and records related to minors entered 
into the Children's Passport Issuance Alert Program and other abduction 
prevention programs. OCS records may also include completed ``Local 
American Citizens Skills/Resources Survey'' forms; registration cards; 
interview worksheets; case notes; fingerprint cards; documents of 
identity; passenger manifests; and various related forms not otherwise 
stated. Records in the system may also include communications to and 
from: U.S. embassies, U.S. consulates, and consular agencies; federal, 
state, and local government agencies; members of Congress; officials of 
foreign governments; U.S. and foreign courts; U.S. and foreign 
nongovernmental organizations, including disaster or emergency relief 
organizations such as the International Red Cross, Red Crescent and 
others; the subject(s) of the records, their relatives, and other 
interested parties; records involving other legal matters; and other 
administrative records. In addition, the system may contain 
applications for passports and registration as U.S. citizens; Consular 
Reports of Birth Abroad; Certificates of Loss of Nationality of the 
United States; and Consular Reports of Death Abroad. Such records are 
maintained, stored, subject to and preserved as Passport Records, 
State-26.
    Record Source Categories: These records contain information that is 
primarily obtained from the individual who is the subject of the 
records. Information may also be obtained from federal, state, local 
and foreign government entities and nongovernmental authorities and 
other relevant entities, commercial sources, and individuals in 
accordance with the fulfillment of consular responsibilities.
    Routine Uses of Records Maintained in the System, Including 
Categories of Users and Purposes of Such Uses:
    Records in the Overseas Citizens Services Records and Other 
Overseas Records system may be disclosed to:
    A. The Social Security Administration, Office of Personnel 
Management, Department of Veterans Affairs, Railroad Retirement Board, 
Department of Labor, and Department of the Treasury in connection with 
administration of U.S. federal benefits to persons located abroad;
    B. The Federal Aviation Administration and National Transportation 
Safety Board in connection with individuals traveling abroad and 
aviation accidents;
    C. The Department of Commerce, U.S. Maritime Administration, and 
U.S. Coast Guard in connection with international commerce, shipping, 
and seamen;
    D. The Department of Health and Human Services, U.S. Public Health 
Service, and Centers for Disease Control in connection with 
international travel and public health issues;
    E. The Department of Health and Human Services, and its 
contractors' designees, in connection with repatriation of individuals 
abroad and child support enforcement;
    F. The Department of Justice and its components, including the Drug 
Enforcement Administration and the Federal Bureau of Investigation 
(FBI) in connection with the arrest or detention of individuals 
overseas, prisoner transfer agreements, and in connection with 
reporting to the National Instant Criminal Background Check System 
(NICS);
    G. The FBI's Victims Services Division in connection with assisting 
victims of crime;
    H. The Foreign Claims Settlement Commission in connection with the 
adjudication of claims of individuals against foreign governments;
    I. The Selective Service in connection with Armed Services 
registration requirements of individuals;
    J. The Department of Defense, Department of Homeland Security, 
Department of Justice, and the Secret Service in connection with 
coordinating evacuations abroad;
    K. The Department of Defense, or entities whose assistance it has 
requested, in connection with cases involving active-duty or former 
service members;
    L. The Department of Homeland Security in connection with 
intercountry adoptions and in connection with processing of immigration 
and naturalization matters;
    M. The Internal Revenue Service to provide current addresses of 
specifically identified taxpayers in connection with pending actions to 
collect taxes accrued, examinations, and/or other related tax 
activities, and to provide names, other personal identifying 
information, and current location of taxpayers who are held hostage, 
kidnapped, or detained abroad;
    N. The Executive Office of the President in connection with 
consular functions and services;
    O. Federal, state, territorial, tribal, local and foreign courts in 
connection with litigation and related matters, such as inquiries 
regarding child custody orders;
    P. Foreign and domestic airlines and other transportation carriers 
in connection with assisting individuals in emergency situations, 
including those

[[Page 80807]]

involving aviation or other transportation disasters, individuals who 
may pose a threat to themselves or others, and international child 
abduction cases;
    Q. Shipping companies when the information is maintained pursuant 
to the Department's responsibilities under Titles 22 and 46 of the U.S. 
Code;
    R. In connection with assisting individuals during a crisis, 
including war, civil unrest, or natural disasters, other individuals or 
entities including: federal, state, territorial, tribal, local, and 
foreign government authorities, congressional offices, airlines and 
other transportation carriers; in a crisis situation, information may 
also be disclosed to international or non-governmental organizations, 
family members, or medical personnel, or other private individuals or 
groups in a position to assist;
    S. Private citizen liaison volunteers designated by U.S. embassies 
and U.S. consulates and further defined in Volume 7 of the Foreign 
Affairs Manual, who serve as channels of communication with other 
individuals in the local community, to prepare for and assist with 
evacuations, disasters, and other emergency situations;
    T. Foreign-based organizations of private U.S. citizens to assist 
individuals in evacuations and other emergency situations;
    U. Foreign governments including foreign embassies and consulates 
when the information is requested or provided pursuant to customary 
international practice, including in compliance with consular 
notification and access provisions set out in the Vienna Convention on 
Consular Relations and other matters related to detention and/or arrest 
by a foreign government; or to assist individuals in evacuations and 
other emergency situations; or to provide foreign governments with 
information on an individual's U.S. citizenship status in response to a 
request;
    V. INTERPOL and international and foreign government entities in 
connection with health, safety, welfare and related matters, including 
but not limited to intercountry adoption and child abduction cases, 
custody disputes, cases of runaways and abused or neglected children, 
family abuse situations, missing persons, and notification of next of 
kin;
    W. U.S. federal, state, territorial, tribal, and local government 
entities, in connection with health, safety, welfare and related 
matters, including but not limited to child abduction and intercountry 
adoption cases, custody disputes, cases of runaways and abused or 
neglected children, family abuse situations, missing persons, and 
notification of next of kin;
    X. U.S. departments, agencies, and federal interagency bodies who 
assist in the recovery of, and investigation and prosecution of cases 
involving individuals taken hostage and/or in armed conflict, 
kidnapped, or who can provide assistance or support related to 
detentions abroad, when the detention is covered by or in order to 
assess applicable of Executive Order 13698, issued on June 24, 2015, 
and/or by the Robert Levinson Hostage Recovery and Hostage-Taking 
Accountability Act of 2020;
    Y. Family members and family-designated representatives when the 
subject of the record is unable or unavailable to provide written 
consent to disclosure of information, is involved in an emergency, and 
the disclosure is for the benefit of the subject;
    Z. Family members and family-designated representatives when the 
subject of the record has disappeared or gone missing, in circumstances 
where it appears likely that the individual has died, and the release 
is for the benefit of the individual, his estate or his next of kin;
    AA. Members of Congress when the information is requested on behalf 
of a family member or representative of the individual to whom 
disclosure is authorized under routine uses Y or Z;
    BB. To the subject of a welfare/whereabouts inquiry where the 
inquirer requests that the Department provide information to the 
subject for the purpose of establishing contact or passing a message;
    CC. Hospitals, shelters, hotels, hostels, study abroad 
institutions, group travel company offices, and other entities where 
U.S. citizens needing assistance could be located, to inquire if a 
subject of a welfare/whereabouts case may be present in their facility;
    DD. A minor's educational institution, in cases involving the 
minor's health, safety, or welfare;
    EE. Attorneys, or other professional service providers, when the 
individual to whom the information pertains is the client of the 
attorney or other provider making the request, or when the attorney or 
other provider is acting on behalf of some other individual to whom 
access is authorized under this notice, or in connection with 
litigation or administrative proceedings;
    FF. Translators at the request of consular personnel or an 
applicant for consular services abroad, in connection with provision of 
consular services or other official purposes;
    GG. Funeral homes and related service providers in connection with 
the death abroad of an individual;
    HH. The news media in furtherance of a consular function, as 
determined by the Bureau of Consular Affairs, where disclosure could 
not reasonably be expected to constitute an unwarranted invasion of 
personal privacy or to have an undue adverse effect on either the 
subject or individuals associated with the subject, where there is a 
legitimate public interest in the information disclosed. Such consular 
functions may include providing information regarding arrests of U.S. 
citizens, to provide alerts, assessments, or similar information on 
potential threats to life, health, or property, or to keep the public 
appropriately informed of other consular matters;
    II. Duly accredited, and Department-authorized, DNA relationship 
testing facilities in connection with consular services or functions, 
including adjudication of claims to U.S. citizenship;
    JJ. With respect to intercountry adoption and international 
parental child abduction cases, records may be shared with:
    (1) Individuals and entities identified by governments to assist in 
intercountry adoption and abduction cases, including adoption service 
providers, Bar Associations, and legal aid services;
    (2) biological and adoptive parents, guardians, and children 
involved in intercountry adoption and abduction cases; and
    (3) the Hague Conference on Private International Law;
    KK. With respect to international abduction cases:
    (1) The National Center for Missing and Exploited Children;
    (2) Appropriate foreign government authorities, including central 
authorities of, and bodies duly accredited in, State Parties to the 
Hague Abduction Convention, in connection with specific child abduction 
cases;
    (3) members of the International Hague Network of Judges; and
    (4) prospective attorneys pursuant to a request for legal 
assistance;
    LL. With respect to intercountry adoption cases:
    (1) Central authorities of, and bodies duly accredited in, State 
Parties to the Hague Adoption Convention, and any other relevant 
competent authority that has jurisdiction and authority to make 
decision in matters of child welfare including adoption in a foreign 
State;
    (2) organizations designated by the Department of State as 
Accrediting Entities in accordance with the IAA in connection with 
accreditation or

[[Page 80808]]

approval or monitoring of adoption service providers; and
    (3) adoption service providers in connection with the health, 
safety, and welfare of participants in intercountry adoptions as well 
as diplomatic inquiries regarding compliance with the Hague Adoption 
Convention, the IAA, and compliance with accreditation standards;
    MM. 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;
    NN. 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.
    This information may also be released on a need-to-know basis to 
other government agencies having statutory or other lawful authority to 
maintain such information. Disclosure of passport applications, 
Consular Reports of Birth Abroad, Certificates of Loss of Nationality 
of the United States, Consular Reports of Death, and related 
documentation, is subject to the routine uses specified in this notice 
as well as to the routine uses set forth in the System of Records 
Notice for Passport Records, STATE-26.
    The Department of State periodically publishes in the Federal 
Register its standard routine uses that apply to all 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 Overseas 
Citizens Services Records and Other Overseas Records, State-05.
    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 here 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 only.
    Policies and Practices for Retrieval of Records: By individual 
name, birth date, or other personal identifier if available.
    Policies and Practices for Retention and Disposal of Records: 
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 outlined here 
https://foia.state.gov/Learn/RecordsDisposition.aspx. The retention 
period for Overseas Citizens Services Records and Other Overseas 
Records spans from two years to permanent, depending on the specific 
purpose of the collection and the nature of the information. Some files 
related to requests for government benefits and miscellaneous 
facilitative services are destroyed six months or one year after 
issuance. In some instances, files with historical significance are 
permanent records. Most files related to American Citizens Services 
consular assistance cases are stored in the Consular Consolidated 
Database and are retained for 20 years after closure of the case. 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 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 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 Overseas Citizens 
Services Records and Other Overseas Records, a user must first be 
granted access to the Department of State computer system. Employees 
and contractors are instructed that, as a general matter, any 
disclosure of Department-maintained information about an individual 
should be of the minimum amount of information reasonably necessary to 
accomplish the Department objective and undertaken in accordance with 
guidance contained in the Foreign Affairs Manual.
    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 
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 OMB Circular 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 
thorough 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. 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 
information 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

[[Page 80809]]

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 Overseas Citizens 
Services Records and Other Overseas 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 Overseas Citizens Services Records and Other Overseas Records 
include records pertaining to him or her. A request to search Overseas 
Citizens Services Records and Other Overseas Records, STATE-05, will be 
directed to the Passport Office when it pertains to passport, 
registration, citizenship, birth or death records, and any records 
transferred from STATE-05 to STATE-26. 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).
    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/she wishes 
the Overseas Citizens Services Records and Other Overseas 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 Overseas Citizens Services 
Records and Other Overseas Records include records pertaining to him or 
her. At a minimum, the individual must submit a request that complies 
with 22 CFR part 171.
    Exemptions Promulgated for the System: Pursuant to 5 U.S.C. 552a 
(k)(1), (k)(2), (k)(3), (k)(4), and (k)(5), certain records contained 
within this system of records may be exempt from subsections 5 U.S.C. 
552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I) and (f).
    History: Previously published at 81 FR 62235.

Eric F. Stein,
Deputy Assistant Secretary, Global Information Services (A/GIS), U.S. 
Department of State.
[FR Doc. 2023-25571 Filed 11-17-23; 8:45 am]
BILLING CODE 4710-06-P