30 Day Supporting Statement OFM-OMB Number 1405-0105 L cleared

SUPPORTING STATEMENT FOR
PAPERWORK REDUCTION ACT SUBMISSION
Foreign Diplomatic Services Applications
OMB Number 1405-0105

A. JUSTIFICATION

1. Why is this collection necessary and what are the legal statutes that allow this?

The United States is host to thousands of foreign missions. Many foreign mission members and their dependents are entitled to a range of diplomatic or consular benefits, privileges, and immunities. This group (collectively referred to as “foreign mission personnel”) are hereinafter referred to as “respondents” or “applicants.” The U.S. Department of State seeks to ensure that the benefits, privileges, and immunities of such entities and persons assigned to duty in the United States are properly extended and respected.

Legal supporting authorities for the Office of Foreign Missions (OFM) and the Office of the Chief of Protocol’s documents for this collection include, but are not limited to: Foreign Missions Act - Public Law 97-241; 22 U.S.C. 4301, et seq. (1982); Diplomatic Relations Act - Public Law 95-393; 22 U.S.C. 254a, et seq. (1978); Compensation of employees of foreign governments or international organizations - 26 U.S.C § 893 (b); Employment opportunities for family members - 22 U.S.C. § 2699(a); Privileges and immunities of mission of nonparty to Vienna Convention - 22 U.S.C. 254 (a) (b);   Consular Authorities - 22 U.S.C. 2651 note;  Curtailments, Removals from Post, and Waivers of Privileges and Immunities - 22 U.S.C. 3921 note;  Strict Enforcement of Travel Protocols and Procedures of Accredited Diplomatic and Consular Personal - 22 U.S.C 254a note; and International Organization and Immunities Act - 22 U.S.C. 288 et seq; and the Foreign Agents Registration Act 22U.S.C §611 et seq.

2. What business purpose is the information gathered going to be used for?

Instruments dealing with information collections from foreign mission personnel, to include the

electronic data compilation (e-Gov), have been combined under one information collection request, the “Foreign Diplomatic Services Applications” (FDSA). These instruments provide the Department of State with the information necessary to provide and efficiently administer the extension of benefits, privileges, and immunities to foreign mission personnel in the United States.

FDSA are necessary for the Department of State to be able to perform functions vital to

to affirm and enhance the President’s constitutional authority to regulate the activities of foreign missions operating in the United States consistent with the authorities in the Foreign Missions Act.

3. Is this collection able to be completed electronically (e.g., through a website or application)?

Currently, 98% of respondents’ requests to the Department are submitted using the Office of Foreign Mission’s (OFM) e-Gov system at eGov - Login. The remaining forms, DS-1504 and travel controls notifications are submitted electronically by email. OFM’s e-Gov system is an electronic data submission system used to submit automated service requests to the U.S. State Department by foreign missions and their members in the United States. OFM continues to develop its e-Gov system by adding new means through which information can eventually be transmitted 100% electronically to the Department of State.

Because the provision of benefits to foreign mission personnel is generally subject to reciprocity, the Office of Foreign Missions may affirmatively decide to burden a specific foreign government by delaying the electronic processing time to respond when such measures are implemented against our own diplomats abroad, with the aim of encouraging that government to alleviate the burden on our diplomats. Recourse to reciprocal measures is statutorily authorized in the context of foreign missions and their personnel.

4. Does this collection duplicate any other collection information?

This information is not available elsewhere. The Department of State is the only federal agency that maintains comprehensive information concerning foreign missions and their personnel and determines and provides benefits and immunities to this population. The FDSA collection instruments are for specific purposes, used at different times for discrete services (benefits) and safety, each of which is necessary to ensure the United States honors its international legal obligations and protects its missions and personnel abroad.

5. Describe any impacts on small business.

This collection of information does not involve or have impact on small businesses or other small entities.

6. What are the consequences if the collection is not done?

If the necessary information were not collected, it would hamper the Department of State’s efforts to permit automated service requests, to fulfill its obligations to extend privileges and immunities to foreign missions and respondents under international and domestic law, or to comply with the requirements of the Foreign Missions Act (FMA). Furthermore, non-collection of the information would impede other Department operations, most significantly, its ability to advise other branches of the United States government, as well as state and local authorities, regarding the status of foreign mission personnel. Additionally, if information were not collected about A-3/G-5 visa holders’ employment, the Department would find it difficult to ensure that employer-employee relationships are consistent with U.S. law and prevent worker abuse and exploitation.

7. Are there any special collection circumstances?

No special circumstances exist regarding the information collection conducted for this set of FDSA collection instruments.

8. Document publication (or intent to publish) a request for public comments in the Federal Register.

On May 9, 2025, the Department published a notice in the Federal Register to solicit comments for 60 days. 90 FR 19773.  The Department received two comments.  One was outside the scope of the request for comments on this information collection.  The other alleged that this collection had an “invalid OMB identification number”, which is not the case.

9. Are payments or gifts given to the respondents?

The Department of State does not provide any payment or gifts to respondents.

10. Describe assurances of privacy/confidentiality.

No specific assurance of confidentiality is provided to respondents.

11. Are any questions of a sensitive nature asked?

No questions of a sensitive nature are asked.

12. Describe the hour time burden and the hour cost burden on the respondent needed to complete this collection.

The actual total number of all respondents and responses in 2024 was 121,729. The estimated annual average number of respondents and responses per form is 6,762. The average response time per form is 12.5 minutes. The total estimated annual burden time is 23,500 hours. The estimated annual average burden hours per form are 975. The estimated average wage rate for the respondents is $26.58/hr.¹ The average wage of $26.58 times a weighted wage multiplier of 1.8 times 23,500 hours equals a monetized burden of $1,489.965.96. Please see chart that follows.

Info Collection Form No.	Respondents	Paper Responses	Automated Responses	eGov Responses	Estimated Time per Response in minutes	Total Annual Burden Hours	Total Annual Cost
DS-98	846			846	5	131.00	$5755.12
DS-99	295			295	5	57.50	$2701.45
DS-100 DS-101	3500			3500	15	3348.52	$40259.05
DS-102	3685			3685	15	971.00	$44005.58
DS-104	209			209	15	38.33	$1689.25
DS-1504	12267			12267	15	3367.25	$149853.25
DS-1972D	9075			9075	10	1401.00	$63549.31
DS-1972T	9040			9040	10	1511.00	$60564.48
DS-2003 DS-2004 DS-2005	12376			12376	20	3245.00	$146257.12
DS-2006	22845			22845	20	5235.33	$212587.78
DS-2008	10187			10187	10	1874.33	$62547.11
DS-4139	17785			17785	5	2035.00	$571599.96
DS-4140	508	508			10	70.88	$5045.23
DS-4284	1086			1086	15	1045.00	$11258.17
DS-4285	5432			5432	15	2580.00	$98745.14
DS-4138	1631			1631	15	1344.00	$13547.96
DS-7675	2	2			15	.50	$13.29

13. Describe the monetary burden to respondents (out of pocket costs) needed to complete this collection.

The total additional cost or “above and beyond normal business practices” cost to the respondent is de minimis. There are no obligations or other fees associated with the completion of these forms.

14. Describe the cost incurred by the Federal Government to complete this collection.

This collections cost OFM roughly $4,770,000 to develop and manage. This cost is principally associated with maintaining TOMIS, which is an integrated data system designed to provide information support to OFM’s business processes and the adjudication of this information. The average wage to process each response is $41.58/hr.² Please see chart below outlining the processing costs to the federal government for a total estimated cost of $ 3,715, 323.24. annually. Please see the chart that follows.

Information Collection Form No.	Respondents	Paper Responses	Automated Responses	eGov Responses	Estimated Time per Response to Process in minutes	Total Annual Burden Hours	Total Annual Processing Costs
DS-98	846			846	2	44.00	$1715.25
DS-99	295			295	8	134.27	$4025.19
DS-100 DS-101	3500			3500	5	68.50	$27555.93
DS-102	3685			3685	5	322.08	$12645.21
DS-104	209			209	5	11.42	$585.64
DS-1504	12267			12267	5	1165.75	$46256.18
DS-1972D	9075			9075	5	636.17	$37257.99
DS-1972T	9040			9040	5	617.17	$36277.74
DS-2003 DS-2004 DS-2005	12376			12376	10	1500.50	$63594.49
DS-2006	22845			22845	5	1133.75	$56773.68
DS-2008	10187			10187	2	203.83	$17987.55
DS-4139	17785			17785	2	254.47	$35478.00
DS-4140	508	508			5	34.67	$1499.98
DS-4284	1086			1086	7	17.03	$1667.58
DS-4285	5432			5432	15	481.50	$50026.28
DS-4138	1631			1631	15	1344.00	$13547.96
DS-7675	2	2			15	.50	$13.29

15. Explain any changes/adjustments to this collection since the previous submission.

Since the last submission, OFM has added two new collections forms: DS-4285 Courtesies of Port Request and DS-4138 Airport Escort Screening Courtesies Request.

16. Specify if the data gathered by this collection will be published.

Specific information collected via Collection Form Numbers DS-2003, DS-2005, and DS-2008 in the Department of State’s Foreign Embassies & Consulates Contact List. No plans exist to publish any additional information covered by the FDSA collection.

17. If applicable, explain the reason(s) for seeking approval to not display the OMB expiration date.

The OMB expiration date will be displayed.

18. Explain any exceptions to the OMB certification statement below.

See item 3 above. This exception to (g) (iii) of the Certification for Paperwork Reduction Act Submissions is appropriate because the principle of reciprocity is central to the FMA, VCDR, and VCCR.

1 The Bureau of Labor Statistics’ average hourly rate for office/administrative support in DC/MD/VA.

2 The midpoint of Step 11 on the General Schedule for DC/MD/VA.

30 Day Supporting Statement |Office of Foreign Missions| OMB Number 1405-0105 | page 6 of 6