81 FR 40741 - Privacy Act; System of Records: Legal Case Management Records, State-21.

DEPARTMENT OF STATE

Federal Register Volume 81, Issue 120 (June 22, 2016)

Page Range		40741-40742
FR Document		2016-14828
Notice is hereby given that the Department of State proposes to amend an existing system of records, Legal Case Management Records, State-21, 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.
Federal Register, Volume 81 Issue 120 (Wednesday, June 22, 2016)
[Federal Register Volume 81, Number 120 (Wednesday, June 22, 2016)]
[Notices]
[Pages 40741-40742]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14828]


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DEPARTMENT OF STATE

[Public Notice: 9613]


Privacy Act; System of Records: Legal Case Management Records, 
State-21.

SUMMARY: Notice is hereby given that the Department of State proposes 
to amend an existing system of records, Legal Case Management Records, 
State-21, 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 August 1, 2016, 
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 20522-8100.

FOR FURTHER INFORMATION CONTACT: William Fischer, Acting Director; 
Office of Information Programs and Services, A/GIS/IPS; Department of 
State, SA-2; 515 22nd Street NW., Washington, DC 20522-8100, or at 
[email protected].

SUPPLEMENTARY INFORMATION: The Department of State proposes that the 
current system will retain the name ``Legal Case Management Records'' 
(previously published at 42 FR 49709). Information in the Legal 
Adviser's Case Management Records is used to provide or facilitate the 
provision of legal advice and opinion to the offices of the Department 
of State and to facilitate defense or representation of the Department 
in litigation and in other legal proceedings. The proposed system will 
include modifications to all sections. The following sections have been 
added to the system of records, Legal Case Management Records, State-
21, to ensure Privacy Act of 1974 compliance: Purpose and Disclosure to 
Consumer Reporting Agencies.
    The Department's report was filed with the Office of Management and 
Budget. The amended system description, ``Legal Case Management 
Records, State-21,'' will read as set forth below.

Joyce A. Barr,
Assistant Secretary for Administration, U.S. Department of State.
STATE-21

SYSTEM NAME:
    Legal Case Management Records.

SECURITY CLASSIFICATION:
    Unclassified and Classified.

SYSTEM LOCATION:
    Department of State, 2201 C Street NW., Washington, DC 20520; 
Department of State annexes, U.S. Embassies, U.S. Consulates General, 
and U.S. Consulates.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who have filed administrative grievances and Equal 
Employment Opportunity complaints; individuals involved in disciplinary 
proceedings; individuals involved in alleged criminal activity or 
activity in violation of regulations; individuals who have filed claims 
against the United States; individuals who have sued the Department of 
State or any officials; individuals whose records may be relevant to 
legal proceedings involving the Department of State; individuals who 
are the subjects of inquiries from federal, state, and local agencies; 
individuals who are the subjects of income withholding orders, 
garnishment orders, bankruptcy orders, state tax liens, and similar 
court or agency documents; individuals who have raised or discussed 
legal or policy questions with the Office of the Legal Adviser; and 
individuals who have otherwise contacted the Office of the Legal 
Adviser.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Biographic information, such as name, contact information, and 
place of birth; employment histories; summaries of circumstances 
surrounding grievances, Equal Employment Opportunity complaints, 
claims, litigation, or disciplinary proceedings; internal memoranda; 
copies of indictments and charges; criminal records and reports of 
investigations; electronic mail (email); electronic records in various 
formats; supporting documentation for a case against an individual; 
contracts and other legal documents; income withholding orders, 
garnishment orders, bankruptcy orders, state tax liens, and similar 
court or agency documents; inquiries from federal, state, and local 
agencies and responses to those inquiries; documents that may be 
relevant to legal proceedings and investigations; correspondence 
related to legal or policy issues, regardless of format (paper or 
electronic).

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 301; 22 U.S.C. 2651a; 22 U.S.C. 2656; 42 U.S.C. 659; 42 
U.S.C. 666; 5 CFR part 581.

PURPOSE(S):
    Information in the Legal Adviser's Case Management Records is used 
to provide or facilitate the provision of legal advice and opinion to 
the offices of the Department of State and to facilitate defense or 
representation of the Department in litigation and in other legal 
proceedings. Information may also be used to reply to requests from 
courts or agencies.

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 are:
    (a) The Department of Justice and other federal agencies in 
connection with facilitating defense of the Department in legal 
proceedings, analyzing legal issues, or fulfilling statutory 
responsibilities;
    (b) Federal, state, and foreign courts, tribunals, and adjudicatory 
bodies in connection with legal proceedings;
    (c) A party to a legal proceeding involving the Department, or the 
party's attorney or other designated representative in connection with 
legal proceedings;
    (d) An attorney or other designated representative of any source, 
witness or subject in connection with legal proceedings;
    (e) Appropriate committees and subcommittees of Congress in 
furtherance of their respective oversight functions; and
    (f) Federal agencies having statutory or other lawful authority to 
maintain such information.
    The Department may respond to federal, state, and local agency 
inquiries related to child support, alimony, bankruptcy, state tax 
lien, or similar issues. Pursuant to a court or agency order, the 
Department may disclose

[[Page 40742]]

relevant information to private collection agencies, law firms and/or 
other individuals authorized to receive benefits under such order.
    The Department of State periodically publishes in the Federal 
Register its standard routine uses which 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 Legal Case Management 
Records, State-21.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING 
AND DISPOSING OF RECORDS IN THE SYSTEM
    Storage:
    Hard copy and electronic media.

RETRIEVABILITY:
    Hardcopy by name, date, country, and/or subject; electronic by 
keyword or metadata.

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 Foreign Service and Civil 
Service employees and those Locally Employed Staff who handle PII are 
required to take the FSI 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 Legal Case Management 
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.
    All Department of State employees and contractors with authorized 
access 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. All paper records containing personal information are 
maintained in secured file cabinets in restricted areas, access to 
which is limited to authorized personnel only. 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.

RETENTION AND DISPOSAL:
    Records are retired in accordance with published Department of 
State Records Disposition Schedules as approved by the National 
Archives and Records Administration (NARA). 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 ADRESS:
    Executive Director, Office of the Legal Adviser and Bureau of 
Legislative Affairs, Department of State, 600 19th Street NW., Suite 
5.600, Washington, DC 20522.

NOTIFICATION PROCEDURES:
    Individuals who have reason to believe that the Office of the Legal 
Adviser might have records pertaining to him or her should 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 or 
through the Department's Freedom of Information Act (FOIA) Web page at 
https://foia.state.gov/Request/. The individual must specify that he/
she wishes the records of the Office of the Legal Adviser to be 
checked. At a minimum, the individual must include: name; date and 
place of birth; current mailing address and zip code; signature; brief 
description of the circumstances, including the approximate dates, 
which give the individual cause to believe that the Office of the Legal 
Adviser might have records pertaining to him or her.

RECORD ACCESS AND AMENDMENT PROCEDURES:
    Individuals who wish to gain access to or amend records pertaining 
to them should write to the Director, Information Programs and Services 
(address above).

CONTESTING RECORD PROCEDURES:
    Individuals who wish to contest records pertaining to them should 
write to the Director, Information Programs and Services (address 
above).

RECORD SOURCE CATEGORIES:
    These records contain information that is primarily obtained from 
the individual; offices of the Department of State; other government 
agencies, particularly the Department of Justice; court systems and 
administrative bodies; previous employers; neighbors; security 
investigation reports; other employees or individuals having knowledge 
of the issue about which a legal opinion is requested or who are party 
to litigation or investigation.

SYSTEM EXEMPTED FROM CERTAIN PROVISION OF THE ACT:
    Pursuant to 5 U.S.C. 552a (k)(1), records in this system may be 
exempted from subsections (c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), 
(e)(4)(I), (f) of Sec.  552a. See 22 CFR 171.26.

[FR Doc. 2016-14828 Filed 6-21-16; 8:45 am]
 BILLING CODE 4710-08-P
Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Notices 40741

received will be posted without change; been added to the system of records, records in various formats; supporting
the Commission does not edit personal Legal Case Management Records, State- documentation for a case against an
identifying information from 21, to ensure Privacy Act of 1974 individual; contracts and other legal
submissions. You should submit only compliance: Purpose and Disclosure to documents; income withholding orders,
information that you wish to make Consumer Reporting Agencies. garnishment orders, bankruptcy orders,
available publicly. All submissions The Department’s report was filed state tax liens, and similar court or
should refer to File Number SR–C2– with the Office of Management and agency documents; inquiries from
2016–008 and should be submitted on Budget. The amended system federal, state, and local agencies and
or before July 13, 2016. description, ‘‘Legal Case Management responses to those inquiries; documents
For the Commission, by the Division of Records, State-21,’’ will read as set forth that may be relevant to legal
Trading and Markets, pursuant to delegated below. proceedings and investigations;
authority.10 Joyce A. Barr,
correspondence related to legal or
Robert W. Errett, policy issues, regardless of format
Assistant Secretary for Administration, U.S.
Deputy Secretary. Department of State.
(paper or electronic).
[FR Doc. 2016–14714 Filed 6–21–16; 8:45 am] AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
STATE–21
BILLING CODE 8011–01–P
5 U.S.C. 301; 22 U.S.C. 2651a; 22
SYSTEM NAME: U.S.C. 2656; 42 U.S.C. 659; 42 U.S.C.
Legal Case Management Records. 666; 5 CFR part 581.
DEPARTMENT OF STATE
SECURITY CLASSIFICATION: PURPOSE(S):
[Public Notice: 9613] Unclassified and Classified. Information in the Legal Adviser’s
Privacy Act; System of Records: Legal SYSTEM LOCATION: Case Management Records is used to
Case Management Records, State-21. Department of State, 2201 C Street provide or facilitate the provision of
NW., Washington, DC 20520; legal advice and opinion to the offices
SUMMARY: Notice is hereby given that of the Department of State and to
Department of State annexes, U.S.
the Department of State proposes to facilitate defense or representation of
Embassies, U.S. Consulates General, and
amend an existing system of records, the Department in litigation and in other
U.S. Consulates.
Legal Case Management Records, State- legal proceedings. Information may also
21, pursuant to the provisions of the CATEGORIES OF INDIVIDUALS COVERED BY THE be used to reply to requests from courts
Privacy Act of 1974, as amended (5 SYSTEM: or agencies.
U.S.C. 552a) and Office of Management Individuals who have filed
and Budget Circular No. A–130, ROUTINE USES OF RECORDS MAINTAINED IN THE
administrative grievances and Equal
SYSTEM, INCLUDING CATEGORIES OF USERS AND
Appendix I. Employment Opportunity complaints;
PURPOSES OF SUCH USES:
DATES: This system of records will be individuals involved in disciplinary
effective on August 1, 2016, unless we proceedings; individuals involved in The principal users of this
receive comments that will result in a alleged criminal activity or activity in information outside the Department of
contrary determination. violation of regulations; individuals State are:
who have filed claims against the (a) The Department of Justice and
ADDRESSES: Any persons interested in other federal agencies in connection
commenting on the amended system of United States; individuals who have
sued the Department of State or any with facilitating defense of the
records may do so by writing to the Department in legal proceedings,
Director; Office of Information Programs officials; individuals whose records may
be relevant to legal proceedings analyzing legal issues, or fulfilling
and Services, A/GIS/IPS; Department of statutory responsibilities;
State, SA–2; 515 22nd Street NW., involving the Department of State;
individuals who are the subjects of (b) Federal, state, and foreign courts,
Washington, DC 20522–8100. tribunals, and adjudicatory bodies in
inquiries from federal, state, and local
FOR FURTHER INFORMATION CONTACT: connection with legal proceedings;
agencies; individuals who are the
William Fischer, Acting Director; Office (c) A party to a legal proceeding
subjects of income withholding orders,
of Information Programs and Services, involving the Department, or the party’s
garnishment orders, bankruptcy orders,
A/GIS/IPS; Department of State, SA–2; attorney or other designated
state tax liens, and similar court or
515 22nd Street NW., Washington, DC representative in connection with legal
agency documents; individuals who
20522–8100, or at Privacy@state.gov. proceedings;
have raised or discussed legal or policy
SUPPLEMENTARY INFORMATION: The questions with the Office of the Legal (d) An attorney or other designated
Department of State proposes that the Adviser; and individuals who have representative of any source, witness or
current system will retain the name otherwise contacted the Office of the subject in connection with legal
‘‘Legal Case Management Records’’ Legal Adviser. proceedings;
(previously published at 42 FR 49709). (e) Appropriate committees and
Information in the Legal Adviser’s Case CATEGORIES OF RECORDS IN THE SYSTEM: subcommittees of Congress in
Management Records is used to provide Biographic information, such as furtherance of their respective oversight
or facilitate the provision of legal advice name, contact information, and place of functions; and
and opinion to the offices of the birth; employment histories; summaries (f) Federal agencies having statutory
Department of State and to facilitate of circumstances surrounding or other lawful authority to maintain
mstockstill on DSK3G9T082PROD with NOTICES

defense or representation of the grievances, Equal Employment such information.
Department in litigation and in other Opportunity complaints, claims, The Department may respond to
legal proceedings. The proposed system litigation, or disciplinary proceedings; federal, state, and local agency inquiries
will include modifications to all internal memoranda; copies of related to child support, alimony,
sections. The following sections have indictments and charges; criminal bankruptcy, state tax lien, or similar
records and reports of investigations; issues. Pursuant to a court or agency
10 17 CFR 200.30–3(a)(12). electronic mail (email); electronic order, the Department may disclose

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40742 Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Notices

relevant information to private restricted areas, access to which is RECORD SOURCE CATEGORIES:
collection agencies, law firms and/or limited to authorized personnel only. These records contain information
other individuals authorized to receive Access to computerized files is that is primarily obtained from the
benefits under such order. password-protected and under the individual; offices of the Department of
The Department of State periodically direct supervision of the system State; other government agencies,
publishes in the Federal Register its manager. The system manager has the particularly the Department of Justice;
standard routine uses which apply to all capability of printing audit trails of court systems and administrative
of its Privacy Act systems of records. access from the computer media, bodies; previous employers; neighbors;
These notices appear in the form of a thereby permitting regular and ad hoc security investigation reports; other
Prefatory Statement. These standard monitoring of computer usage. employees or individuals having
routine uses apply to Legal Case When it is determined that a user no knowledge of the issue about which a
Management Records, State-21. longer needs access, the user account is legal opinion is requested or who are
disabled. party to litigation or investigation.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES: RETENTION AND DISPOSAL: SYSTEM EXEMPTED FROM CERTAIN PROVISION OF
None. Records are retired in accordance THE ACT:
with published Department of State Pursuant to 5 U.S.C. 552a (k)(1),
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING AND
Records Disposition Schedules as records in this system may be exempted
DISPOSING OF RECORDS IN THE SYSTEM approved by the National Archives and from subsections (c)(3), (d), (e)(1),
Storage: Records Administration (NARA). More (e)(4)(G), (e)(4)(H), (e)(4)(I), (f) of § 552a.
Hard copy and electronic media. specific information may be obtained by See 22 CFR 171.26.
writing to the Director, Office of [FR Doc. 2016–14828 Filed 6–21–16; 8:45 am]
RETRIEVABILITY: Information Programs and Services, BILLING CODE 4710–08–P
Hardcopy by name, date, country, A/GIS/IPS, SA–2, Department of State,
and/or subject; electronic by keyword or 515 22nd Street NW., Washington, DC
metadata. 20522–8100.
DEPARTMENT OF TRANSPORTATION
SAFEGUARDS: SYSTEM MANAGER AND ADRESS:
Executive Director, Office of the Legal Federal Aviation Administration
All users are given cyber security
awareness training which covers the Adviser and Bureau of Legislative Public Notice for Waiver of
procedures for handling Sensitive but Affairs, Department of State, 600 19th Aeronautical Land-Use Assurance
Unclassified information, including Street NW., Suite 5.600, Washington,
personally identifiable information (PII). DC 20522. AGENCY: Federal Aviation
Annual refresher training is mandatory. Administration (FAA), DOT.
NOTIFICATION PROCEDURES:
In addition, all Foreign Service and ACTION: Notice of intent of waiver with
Civil Service employees and those Individuals who have reason to respect to land; Minneapolis-St. Paul
Locally Employed Staff who handle PII believe that the Office of the Legal International Airport, Minneapolis,
are required to take the FSI distance Adviser might have records pertaining Minnesota.
learning course instructing employees to him or her should write to the
on privacy and security requirements, Director, Office of Information Programs SUMMARY: The FAA is considering a
including the rules of behavior for and Services, A/GIS/IPS, SA–2, proposal to change 5.69 acres of airport
handling PII and the potential Department of State, 515 22nd Street land from aeronautical use to non-
consequences if it is handled NW., Washington, DC 20522–8100 or aeronautical use and to authorize the
improperly. Before being granted access through the Department’s Freedom of lease of airport property located at
to Legal Case Management Records, a Information Act (FOIA) Web page at Minneapolis-St. Paul International
user must first be granted access to the https://foia.state.gov/Request/. The Airport, Minneapolis, Minnesota. The
Department of State computer system. individual must specify that he/she aforementioned land is not needed for
Remote access to the Department of wishes the records of the Office of the aeronautical use.
State network from non-Department Legal Adviser to be checked. At a The subject property is located to the
owned systems is authorized only minimum, the individual must include: southeast of United States Post Office
through a Department approved access name; date and place of birth; current and south of the Terminal 1 inbound
program. Remote access to the network mailing address and zip code; signature; and outbound roadways located at
is configured with the Office of brief description of the circumstances, Minneapolis-St. Paul International
Management and Budget Memorandum including the approximate dates, which Airport, Minneapolis, Minnesota. The
M–07–16 security requirements which give the individual cause to believe that subject property does not currently have
include but are not limited to two-factor the Office of the Legal Adviser might a designated use. The proposed non-
authentication and time out function. have records pertaining to him or her. aeronautical use of the property is for
All Department of State employees the construction of a hotel.
RECORD ACCESS AND AMENDMENT PROCEDURES:
and contractors with authorized access DATES: Comments must be received on
Individuals who wish to gain access
have undergone a thorough background or before July 22, 2016.
to or amend records pertaining to them
security investigation. Access to the should write to the Director, ADDRESSES: Documents are available for
Department of State, its annexes and review by appointment at the FAA
mstockstill on DSK3G9T082PROD with NOTICES

Information Programs and Services
posts abroad is controlled by security (address above). Dakota-Minnesota Airports District
guards and admission is limited to those Office, Simon Schmitz, Program
individuals possessing a valid CONTESTING RECORD PROCEDURES: Manager, 6020 28th Avenue South,
identification card or individuals under Individuals who wish to contest Room 102, Minneapolis, MN 55450–
proper escort. All paper records records pertaining to them should write 2706. Telephone Number (612) 253–
containing personal information are to the Director, Information Programs 4640/FAX Number (612) 253–4611.
maintained in secured file cabinets in and Services (address above). Documents reflecting this FAA action

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Document Created: 2016-06-22 01:05:41
Document Modified: 2016-06-22 01:05:41
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Dates		This system of records will be effective on August 1, 2016, unless we receive comments that will result in a contrary determination.
Contact		William Fischer, Acting Director; Office of Information Programs and Services, A/GIS/IPS; Department of State, SA-2; 515 22nd Street NW., Washington, DC 20522-8100, or at [email protected]
FR Citation		81 FR 40741