7 FAM 500
FEDERAL BENEFITS and obligations FOR INDIVIDUALS ABROAD AND SERVICES FOR OTHER
FEDERAL AGENCIES
7 FAM 510
INTRODUCTION
(CT:CON-940; 10-31-2022)
(Office of Origin: CA/OCS)
7 FAM 511 SUMMARY
(CT:CON-931; 09-09-2022)
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, the Selective Service System (SSS) and the Census Bureau. 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 2022: SSA (Social Security Administration) · 760,000 beneficiaries living abroad · $6.1 billion dollars in payments · 77,430 Social Security cards issued VA (Department of Veterans Affairs) · 482,047 Veterans and beneficiaries · $745 million in benefits payments OPM (Office of Personnel Management) · 23,000 beneficiaries · $432 million in annuity payments |
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-931; 09-09-2022)
a. Federal law creates 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 officer’s role is to act as an intermediary between individuals (U.S. citizens and others) 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-940; 10-31-2022)
a. The RFBO serves both as chief of the Federal Benefits Unit (FBU) within the consular section at their 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 and their expertise should be utilized.
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/MSU
(CT:CON-931; 09-09-2022)
a. The Management Support Unit in the Bureau of Consular Affairs, Directorate of Overseas Citizens Services (CA/OCS/MSU) is the Department’s liaison with federal benefits-paying agencies, consular posts abroad and Congress. CA/OCS/MSU provides guidance, disseminates information, and implements new programs and procedures of those paying agencies. CA/OCS/MSU 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/MSU 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/MSU’s 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 and deliver a high quality service.
c. CA/OCS/MSU has a collective email address - FedBen@state.gov - where Regional Federal Benefits Officers (RFBOs) can 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-931; 09-09-2022)
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;
(5) How benefits and services are provided and/or paid and how to terminate them when necessary; 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.” |
7 FAM 517 DISCLOSURE OF INFORMATION (PRIVACY ACT)
7 FAM 517.1 How Should Requests for Information be Handled?
(CT:CON-931; 09-09-2022)
a. Federal agencies must protect an individual’s 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 Department’s 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. 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, consult 7 FAM 060 (The Privacy Act and American Citizens Services) and the CA/OCS Intranet Privacy Act feature, and contact L/CA 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-940; 10-31-2022)
a. If an individual or a foreign government official requests information from the records of another government agency, consular officers should tell them 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 individual’s 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 standards used in resolving a claim to U.S. nationality or eligibility for a visa to processing Federal benefits and services for other agencies.
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See: 7 FAH-1 H-900 Consular Fraud Prevention 7 FAH-1 H-600 Consular Management Controls |
b. CA’s 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