7 FAM 500
FEDERAL BENEFITS and obligations FOR INDIVIDUALS ABROAD AND SERVICES FOR OTHER
FEDERAL AGENCIES
7 FAM 510
INTRODUCTION
(CT:CON-804; 04-30-2018)
(Office of Origin: CA/OCS)
7 FAM 511 SUMMARY
(CT:CON-717; 07-05-2017)
a. Chapter 500 covers services provided to federal
benefits-paying agencies such as the Department of Veterans Affairs (VA), the
Department of Labor (DOL), the Social Security Administration (SSA), the Office
of Personnel Management (OPM), and the Railroad Retirement Board (RRB). The
Department through its posts abroad represents these agencies and acts as an
intermediary for them by providing information and guidance about their
programs and services, and by assisting them in facilitating claims processing
and ultimately the payment of benefits to U.S. citizens and other citizens
living abroad.
b. Chapter 500 also covers the programs and services
the Department of State provides for other federal agencies such as the
Department of the Treasury including the Internal Revenue Service (IRS), the
Bureau of the Public Debt and the Selective Service System (SSS). Most of
these services assist U.S. citizens in fulfilling responsibilities they have to
the U. S. Government.
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Approximate annual numbers in
2016:
SSA (Social Security Administration)
745,000 beneficiaries living abroad
$4.7 billion dollars in payments
77,430 Social Security cards issued
VA (Department of Veterans Affairs)
20,808 beneficiaries
$332.4 million in benefits payments
OPM (Office of Personnel Management)
23,000 beneficiaries
$432 million in annuity payments
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7 FAM 512 OTHER FEDERAL AGENCY SERVICES
(CT:CON-717; 07-05-2017)
Other services involving matters such as extradition,
prisoner transfer, and parental child abduction are not covered in this
chapter. Rather they are covered in the chapters specific to those functions
or services to U.S. citizens abroad.
(1) 7 FAM 1600 Extradition;
(2) 7 FAM 480
Prisoner Transfer;
(3) 7 FAM 900 Judicial Assistance;
(4) 7 FAM 1710
Parental Child Abduction;
(5) 7 FAM 1820
Hostage Taking and Kidnapping;
(6) 7 FAM 1200 -
Loss of Nationality; and
(7) 7 FAM 1500 Overseas Voting Program.
7 FAM 513 WHY DO CONSULAR SECTIONS
PERFORM THESE SERVICES?
(CT:CON-717; 07-05-2017)
a. The work done in a Federal Benefits Unit is
significant and vital to the wellbeing of U.S. citizens and other citizens who
receive Federal benefits abroad or who need to comply with obligations to the
U.S. Government from abroad. Many of these individuals are reliant on the
funds that the Department helps process for their livelihood and it is
therefore imperative that the Department fulfills its responsibilities in a
dedicated and conscientious manner.
b. Performing these functions on behalf of federal
government agencies, under the Department's direction, is part of the statutory
responsibilities of members of the Foreign Service, as set forth in 22 U.S.C.
3904.
7 FAM 514 ROLEs
7 FAM 514.1 Role of the Consular
Officer
(CT:CON-717; 07-05-2017)
a. Federal law mandates entitlements to certain federal
benefits. Each federal benefits-paying agency establishes policies and
procedures under which the laws are implemented. When policies and procedures
are applied outside the United States, assistance from U.S. embassies and
consulates is required.
b. A consular officers role is to act as an
intermediary between individuals (U.S. citizens and other citizens) living
abroad and the following Federal agencies for whom services are rendered on
their behalf. Each of the following agencies has been assigned a section
within 7 FAM 500 elaborating on its programs and the consular role in the
implementation of them.
(1) Department of the Treasury (7 FAM 520);
(2) Social Security Administration (7 FAM 530);
(3) Department of Veterans Affairs (7 FAM 540);
(4) Selective Service System (7 FAM 550);
(5) Department of Labor (7 FAM 560);
(6) Railroad Retirement Board (7 FAM 570);
(7) Office of Personnel Management (7 FAM 580); and
(8) Internal Revenue Service (7
FAM 500 Appendix A).
7 FAM 514.2 Role of the Regional
Federal Benefits Officer (RFBO)
(CT:CON-786; 02-13-2018)
a. The RFBO serves both as chief of the Federal
Benefits Unit (FBU) within the consular section at his/her post of residence and
as advisor and program coordinator for the other posts within the assigned
regional area. The RFBO must be thoroughly familiar with all laws, regulations
and procedures affecting the total range of overseas federal benefits programs,
including those of the Social Security Administration (SSA), Veterans Affairs
(VA), the Department of Labor (DOL), the Office of Personnel Management (OPM)
and the Railroad Retirement Board (RRB).
b. There are a total of six RFBOs located in the major
benefits processing posts (Frankfurt, London, Manila, Mexico City, Rome, and
San Jose). Each RFBO is responsible for a specific geographic area which
includes claims-taking posts, or Federal Benefits Units (FBUs), and non-claims-taking posts (NCTPs).
See 7 FAM 531 for a description of some of the
responsibilities of these posts. NCTPs should contact the FBU in their region
when further assistance is required. Consular officers should contact the RFBO
when they need additional guidance.
c. RFBOs or FBU staff may also periodically visit
posts to discuss procedures, provide orientation and training for new officers
and assist with problematic cases. They are a valuable resource so utilize
their expertise.
d. Posts can find the current list of RFBOs and a list
of FBUs on the CA Intranet section "Overseas Citizen Services" by
clicking on "Non-Emergency Services" and then "Federal
Benefits" at the OCS CA Web filter.
7 FAM 514.3 Role of CA/OCS/PMO
(CT:CON-717; 07-05-2017)
a. The Program Management Office in the Bureau of Consular
Affairs, Directorate of Overseas Citizens Services (CA/OCS/PMO) is the
Departments liaison with federal benefits-paying agencies, consular posts
abroad and Congress. CA/OCS/PMO provides guidance, disseminates information
and implements new programs and procedures of those paying agencies.
CA/OCS/PMO also liaises with other federal agencies such as the Department of
Treasury including the Internal Revenue Service (IRS), the Bureau of the Public
Debt, and the Selective Service System (SSS).
b. CA/OCS/PMO works with federal agencies on federal
benefits programs abroad to ensure efficient and fraud-free payment of
benefits, as well as the provision of services. CA/OCS/PMOs goal is to ensure
that services provided by the U.S. Department of State for the different
federal agencies are administered in an efficient and effective way delivering
a high quality service.
c. CA/OCS/PMO has a collective email address
FedBen@state.gov, where Regional Federal Benefits Officers (RFBOs) may send
e-mails on policy and complicated issues which arise to them from posts through
the Federal Benefits Units (FBUs) in their regions.
7 FAM 515 SCOPE OF GUIDANCE
(CT:CON-593; 07-28-2015)
This chapter of the 7 FAM addresses:
(1) The authorities under which these programs and
services operate;
(2) How the claim/request should be received and
processed including web sites for information and forms;
(3) The eligibility requirements and information
necessary to submit a claim/request and where to send it or how to submit them
electronically;
(4) Agency contact lists that will be kept current
electronically;
(5) How benefits and services are actually provided
and/or paid, and when necessary how to terminate them; and
(6) What to do when checks are lost or stolen and how
to provide replacements.
7 FAM 516 AUTHORITY AND RESPONSIBILITY
(CT:CON-717; 07-05-2017)
U.S. Consular authority to assist Federal agencies is
derived from:
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22 U.S.C. 3904 Functions of Service (Subparagraph 3)
which states
Members of the Service shall, under the direction of the
Secretary:
(3) Perform functions on behalf of any agency or
other government establishment (including any establishment in the
legislative or judicial branch) requiring their services.
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7 FAM 517 DISCLOSURE OF INFORMATION
(PRIVACY ACT)
7 FAM 517.1 How Should Requests for
Information be Handled?
(CT:CON-717; 07-05-2017)
a. Federal agencies must protect an individuals right
to privacy when they collect personal information. Disclosure of information
from name-retrievable systems of records is subject to the provisions of the
Privacy Act (PA), as amended (5 U.S.C. 552a), and the Departments System of
Record Notices (SORNs). With certain exceptions, the PA prohibits release of
such information without the written consent of the individual to whom it
pertains. Also see the Department of State listing of systems of records
subject to the PA (Privacy Act Issuances) especially State-05, Overseas
Citizens Services Records. Because the PA provides civil and even criminal
penalties for violations, you should consult 7 FAM 060 (The Privacy Act and American Citizens
Services) and the CA/OCS Intranet Privacy Act feature, and contact CA/OCS/L
(ASK-OCS-L@state.gov) with any questions regarding whether the release of
information is consistent with the law.
b. Requests for information under the Freedom of
Information Act (FOIA), as amended (5 U.S.C. 552), should be referred to the
Department (A/GIS/IPS/RL) under 22 CFR 171 or, if the information requested
belongs to another Federal agency, to that agency (see 7 FAM 517.2,
Requests for Information from Other Federal Agencies Records). When the
records contain privileged information, i.e., medical diagnosis/evaluations,
consult the Federal agency concerned and/or the Department regarding disclosure.
(See 7 FAM 060
and the CA/OCS Intranet Privacy Act Feature).
7 FAM 517.2 Requests for
Information from Other Federal Agencies Records
(CT:CON-593; 07-28-2015)
a. If an individual or a foreign government official
requests information from the records of another government agency, consular
officers should tell him/her to send a written request directly to the agency
concerned unless that agency has already authorized the U.S. Department of
State in writing to release the information.
b. The Regional Federal Benefits Officer (RFBO) may
also be able to provide assistance more readily when the information is
necessary to adjudicate and determine an individuals entitlement to rights and
benefits, or obligations owed to the foreign agency.
7 FAM 518 PREVENTING FRAUD
(CT:CON-593; 07-28-2015)
a. Federal benefits and obligations services abroad are
as vulnerable to fraudulent activity as any other consular service and consular
officers must apply the same high standard used in resolving a claim to U.S.
nationality or eligibility for a visa to processing Federal benefits and
services for other agencies.
b. CAs Office of Fraud Prevention Programs (CA/FPP) is
responsible for formulating policies and programs related to passport, visa,
and other consular anti-fraud practices.
(1) Consult CA/FPP for guidance as needed. (See also
the CA/FPP Intranet page.)
(2) Report fraud trends to CA/FPP as well as to the
Federal agency concerned.
(3) Report directly to the interested agency, or to
the Department of State (DOS) Office of the Inspector General (OIG) Hotline
(DOS IG Hotline), any suspected fraud concerning eligibility or continued
eligibility for benefits.
7 FAM 519 UNASSIGNED