83_FR_28826 83 FR 28707 - Privacy Act of 1974; System of Records

83 FR 28707 - Privacy Act of 1974; System of Records

DEPARTMENT OF STATE

Federal Register Volume 83, Issue 119 (June 20, 2018)

Page Range28707-28709
FR Document2018-13212

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 federal, state, local, or international courts, agencies, commissions, organizations, or mechanisms.

Federal Register, Volume 83 Issue 119 (Wednesday, June 20, 2018)
[Federal Register Volume 83, Number 119 (Wednesday, June 20, 2018)]
[Notices]
[Pages 28707-28709]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13212]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice: 10448]


Privacy Act of 1974; System of Records

AGENCY: Department of State.

ACTION: Notice of a modified System of Records.

-----------------------------------------------------------------------

SUMMARY: 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 
federal, state, local, or international courts, agencies, commissions, 
organizations, or mechanisms.

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 the 
routine uses (c), (e), (g), (h) and (k), which are subject to a 30-day 
period during which interested persons may submit comments to the 
Department. Please submit any comments by July 20, 2018.

ADDRESSES: Questions can be submitted by mail or email. If mail, please 
write to: U.S Department of State; Office of Global Information 
Systems, Privacy Staff; A/GIS/PRV; SA-2, Suite 8100; Washington, DC 
20522-0208. If email, please address the email to the Senior Agency 
Official for Privacy, Mary R. Avery, at [email protected]. Please write 
``Legal Case Management Records, State-21'' on the envelope or the 
subject line of your email.

FOR FURTHER INFORMATION CONTACT: Mary R. Avery, Senior Agency Official 
for Privacy; U.S. Department of State; Office of Global Information 
Services, A/GIS/PRV; SA-2, Suite 8100; Washington, DC 20522-0208 or at 
(202)663-2215.

SUPPLEMENTARY INFORMATION: The purpose of this modification is to make 
substantive and administrative changes to the previously published 
notice. This notice modifies the following sections of State-21, Legal 
Case Management Records: Categories of Individuals, Categories of 
Records, Purpose, Routine Uses, and Record Source Categories. In 
addition, this notice makes administrative updates to the following 
sections: Safeguards, Record Access Procedures, Contesting Record 
Procedures, Notification Procedures, and History. These changes reflect 
new OMB guidance, additional types of records, additional routine uses 
of records, updated contact information, and a notice publication 
history.
SYSTEM NAME AND NUMBER
    Legal Case Management Records, State-21.

SECURITY CLASSIFICATION:
    Unclassified and Classified.

SYSTEM LOCATION:
    Department of State (``Department''), located at 2201 C Street NW, 
Washington, DC 20520; Department of State annexes, U.S. Embassies, U.S. 
Consulates General, and U.S. Consulates.

SYSTEM MANAGER(S):
    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 and can be reached at [email protected].

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) OF THE SYSTEM:
    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 
federal, state, local, or international courts, agencies, commissions, 
organizations, or mechanisms.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who have filed or are the subject of administrative 
grievances or proceedings 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 inquiries by international commissions, organizations, 
or mechanisms; individuals who are the subjects of income withholding 
orders, garnishment orders, bankruptcy orders,

[[Page 28708]]

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. 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:
    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; civil and administrative court records; emails; 
electronic records in various formats; supporting documentation for a 
case against or involving the Department, an individual or group; 
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; inquiries from 
international commissions, organizations or mechanisms, and responses 
to those inquiries; documents that may be relevant to or obtained in 
the course of legal proceedings and investigations; correspondence 
related to legal or policy issues, regardless of format (paper or 
electronic).

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; international commissions, organizations, and 
other mechanisms; 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.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    Legal Case Management Records may be disclosed to:
    (a) The Department of Justice and other federal agencies in 
connection with facilitating defense of the Department in legal 
proceedings and analyzing legal issues;
    (b) Federal, state, and foreign courts, tribunals, and adjudicatory 
bodies where relevant and necessary to legal proceedings;
    (c) International courts, tribunals, commissions, organizations, 
and mechanisms where relevant and necessary to proceedings or 
inquiries;
    (d) A party to a legal proceeding involving the Department, or the 
party's attorney or other designated representative where relevant and 
necessary to legal proceedings;
    (e) A source, witness or subject, or an attorney or other 
designated representative of any source, witness or subject where 
relevant and necessary to legal proceedings;
    (f) Federal agencies having statutory or other lawful authority to 
maintain such information where relevant and necessary to fulfill 
statutory responsibilities;
    (g) 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;
    (h) 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;
    (i) The Department may respond to federal, state, and local agency 
inquiries related to child support, alimony, bankruptcy, state tax 
lien, or similar issues;
    (j) Pursuant to a court or agency order, the Department may 
disclose relevant information to private collection agencies, law firms 
and/or other individuals authorized to receive benefits under such 
order; and
    (k) The Department may also publish certain information from this 
system of records in a Department-published annual digest and through 
other Department-controlled media when the Department reasonably 
believes that such publication will inform the public about its 
practice of international law. This may include, but is not limited to, 
information about cases, proceedings, and inquiries in which the 
Department participates or is involved.
    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 (published in Volume 73, Number 136, Public Notice 6290, on 
July 15, 2008). All of these standard routine uses apply to Legal Case 
Management Records, State-21.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records will be stored in both hard copy and electronic media. A 
description of standard Department of State policies concerning storage 
of electronic records is found in the Department's Foreign Affairs 
Manual (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:
    Hardcopy by name, date, country, and/or subject; electronic by 
keyword or metadata.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records maintained in this system of records are generally 
permanent and are retired to the Records Service Center one year after 
the close of the case. These 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 a complete list of the Department's 
schedules can be found on our Freedom of Information Act (FOIA) 
program's website (https://foia.state.gov/Learn/RecordsDisposition.aspx). More specific information may be obtained by 
writing to the following address: Director, Office of Information 
Programs and Services, A/GIS/IPS; SA-2, Department of State; 515 22nd 
Street NW; Washington, DC 20522-8100.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    All users are given cyber security awareness training that covers 
the procedures for handling Sensitive but

[[Page 28709]]

Unclassified information, including personally identifiable information 
(PII). Annual refresher training is mandatory. In addition, all Foreign 
Service and Civil Service employees and those Locally Engaged Staff who 
handle PII are required to take the Foreign Service Institute 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.
    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. While the majority of records covered in the Legal Case 
Management Records are electronic, all paper records containing 
personal information are maintained in secured file cabinets in 
restricted areas, access to which is limited to authorized personnel. 
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.
    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 authentication requirements contained in the Office of 
Management and Budget Circular Memorandum A-130. All Department of 
State employees and contractors with authorized access have undergone a 
background security investigation.

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; SA-2, 
Suite 8100; Washington, DC 20522-0208. The individual must specify that 
he or she wishes the Legal Case Management 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 the Legal Case Management Records include records pertaining to 
him or her. 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 records should write to U.S. 
Department of State; Director, Office of Information Programs and 
Services; A/GIS/IPS; SA-2, Suite 8100; Washington, DC 20522-0208.

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; SA-2, Suite 8100; Washington, DC 20522-0208. The individual must 
specify that he/she wishes the Legal Case Management 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 the Legal Case Management 
Records include records pertaining to him or her.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    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 552a. See 22 CFR 171.26.

HISTORY:
    This SORN was previously published at 81 FR 40741.

Mary R. Avery,
Senior Agency Official for Privacy, Senior Advisor, Office of Global 
Information Services, Bureau of Administration, Department of State.
[FR Doc. 2018-13212 Filed 6-19-18; 8:45 am]
 BILLING CODE 4710-24-P



                                                                                 Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Notices                                           28707

                                                including whether the proposed rule                       DEPARTMENT OF STATE                                    records, additional routine uses of
                                                change is consistent with the Act.                                                                               records, updated contact information,
                                                                                                          [Public Notice: 10448]
                                                Comments may be submitted by any of                                                                              and a notice publication history.
                                                the following methods:                                    Privacy Act of 1974; System of                         SYSTEM NAME AND NUMBER
                                                Electronic Comments                                       Records
                                                                                                                                                                   Legal Case Management Records,
                                                  • Use the Commission’s internet                         AGENCY:  Department of State.                          State-21.
                                                comment form (http://www.sec.gov/                         ACTION: Notice of a modified System of
                                                                                                                                                                 SECURITY CLASSIFICATION:
                                                rules/sro.shtml); or                                      Records.
                                                                                                                                                                   Unclassified and Classified.
                                                  • Send an email to rule-comments@                       SUMMARY:    Information in the Legal
                                                sec.gov. Please include File Number SR–                   Adviser’s Case Management Records is                   SYSTEM LOCATION:
                                                ISE–2018–52 on the subject line.                          used to provide or facilitate the                        Department of State (‘‘Department’’),
                                                Paper Comments                                            provision of legal advice and opinion to               located at 2201 C Street NW,
                                                                                                          the offices of the Department of State                 Washington, DC 20520; Department of
                                                   • Send paper comments in triplicate                    and to facilitate defense or                           State annexes, U.S. Embassies, U.S.
                                                to Secretary, Securities and Exchange                     representation of the Department in                    Consulates General, and U.S.
                                                Commission, 100 F Street NE,                              litigation and in other legal proceedings.             Consulates.
                                                Washington, DC 20549–1090.                                Information may also be used to reply                  SYSTEM MANAGER(S):
                                                All submissions should refer to File                      to requests from federal, state, local, or
                                                                                                          international courts, agencies,                          Executive Director, Office of the Legal
                                                Number SR–ISE–2018–52. This file
                                                                                                          commissions, organizations, or                         Adviser and Bureau of Legislative
                                                number should be included on the
                                                                                                          mechanisms.                                            Affairs, Department of State, 600 19th
                                                subject line if email is used. To help the
                                                                                                                                                                 Street NW, Suite 5.600, Washington, DC
                                                Commission process and review your                        DATES: In accordance with 5 U.S.C.                     20522 and can be reached at Legal-
                                                comments more efficiently, please use                     552a(e)(4) and (11), this system of                    privacy@state.gov.
                                                only one method. The Commission will                      records notice is effective upon
                                                post all comments on the Commission’s                     publication, with the exception of the                 AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
                                                internet website (http://www.sec.gov/                     routine uses (c), (e), (g), (h) and (k),                 5 U.S.C. 301; 22 U.S.C. 2651a; 22
                                                rules/sro.shtml). Copies of the                           which are subject to a 30-day period                   U.S.C. 2656; 42 U.S.C. 659; 42 U.S.C.
                                                submission, all subsequent                                during which interested persons may                    666; 5 CFR part 581.
                                                amendments, all written statements                        submit comments to the Department.
                                                with respect to the proposed rule                                                                                PURPOSE(S) OF THE SYSTEM:
                                                                                                          Please submit any comments by July 20,
                                                change that are filed with the                            2018.                                                    Information in the Legal Adviser’s
                                                Commission, and all written                               ADDRESSES: Questions can be submitted
                                                                                                                                                                 Case Management Records is used to
                                                communications relating to the                            by mail or email. If mail, please write to:            provide or facilitate the provision of
                                                proposed rule change between the                          U.S Department of State; Office of                     legal advice and opinion to the offices
                                                Commission and any person, other than                     Global Information Systems, Privacy                    of the Department of State and to
                                                those that may be withheld from the                       Staff; A/GIS/PRV; SA–2, Suite 8100;                    facilitate defense or representation of
                                                public in accordance with the                             Washington, DC 20522–0208. If email,                   the Department in litigation and in other
                                                provisions of 5 U.S.C. 552, will be                       please address the email to the Senior                 legal proceedings. Information may also
                                                available for website viewing and                         Agency Official for Privacy, Mary R.                   be used to reply to requests from
                                                printing in the Commission’s Public                       Avery, at Privacy@state.gov. Please                    federal, state, local, or international
                                                Reference Room, 100 F Street NE,                          write ‘‘Legal Case Management Records,                 courts, agencies, commissions,
                                                Washington, DC 20549, on official                         State-21’’ on the envelope or the subject              organizations, or mechanisms.
                                                business days between the hours of                        line of your email.                                    CATEGORIES OF INDIVIDUALS COVERED BY THE
                                                10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                          FOR FURTHER INFORMATION CONTACT:                       SYSTEM:
                                                filing also will be available for
                                                                                                          Mary R. Avery, Senior Agency Official                    Individuals who have filed or are the
                                                inspection and copying at the principal
                                                                                                          for Privacy; U.S. Department of State;                 subject of administrative grievances or
                                                office of the Exchange. All comments
                                                                                                          Office of Global Information Services,                 proceedings and Equal Employment
                                                received will be posted without change.
                                                                                                          A/GIS/PRV; SA–2, Suite 8100;                           Opportunity complaints; individuals
                                                Persons submitting comments are
                                                                                                          Washington, DC 20522–0208 or at                        involved in disciplinary proceedings;
                                                cautioned that we do not redact or edit
                                                                                                          (202)663–2215.                                         individuals involved in alleged criminal
                                                personal identifying information from
                                                                                                          SUPPLEMENTARY INFORMATION: The                         activity or activity in violation of
                                                comment submissions. You should
                                                submit only information that you wish                     purpose of this modification is to make                regulations; individuals who have filed
                                                to make available publicly. All                           substantive and administrative changes                 claims against the United States;
                                                submissions should refer to File                          to the previously published notice. This               individuals who have sued the
                                                Number SR–ISE–2018–52 and should be                       notice modifies the following sections of              Department of State or any officials;
                                                submitted on or before July 11, 2018.                     State-21, Legal Case Management                        individuals whose records may be
                                                                                                          Records: Categories of Individuals,                    relevant to legal proceedings involving
                                                  For the Commission, by the Division of                  Categories of Records, Purpose, Routine                the Department of State; individuals
                                                Trading and Markets, pursuant to delegated                Uses, and Record Source Categories. In                 who are the subjects of inquiries from
sradovich on DSK3GMQ082PROD with NOTICES




                                                authority.15
                                                                                                          addition, this notice makes                            federal, state, and local agencies;
                                                Eduardo A. Aleman,                                        administrative updates to the following                individuals who are the subjects of
                                                Assistant Secretary.                                      sections: Safeguards, Record Access                    inquiries by international commissions,
                                                [FR Doc. 2018–13171 Filed 6–19–18; 8:45 am]               Procedures, Contesting Record                          organizations, or mechanisms;
                                                BILLING CODE 8011–01–P                                    Procedures, Notification Procedures,                   individuals who are the subjects of
                                                                                                          and History. These changes reflect new                 income withholding orders,
                                                  15 17   CFR 200.30–3(a)(12).                            OMB guidance, additional types of                      garnishment orders, bankruptcy orders,


                                           VerDate Sep<11>2014     17:58 Jun 19, 2018   Jkt 244001   PO 00000   Frm 00101   Fmt 4703   Sfmt 4703   E:\FR\FM\20JNN1.SGM   20JNN1


                                                28708                        Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Notices

                                                state tax liens, and similar court or                      (b) Federal, state, and foreign courts,             annual digest and through other
                                                agency documents; individuals who                       tribunals, and adjudicatory bodies                     Department-controlled media when the
                                                have raised or discussed legal or policy                where relevant and necessary to legal                  Department reasonably believes that
                                                questions with the Office of the Legal                  proceedings;                                           such publication will inform the public
                                                Adviser; and individuals who have                          (c) International courts, tribunals,                about its practice of international law.
                                                otherwise contacted the Office of the                   commissions, organizations, and                        This may include, but is not limited to,
                                                Legal Adviser. The Privacy Act defines                  mechanisms where relevant and                          information about cases, proceedings,
                                                an individual at 5 U.S.C. 552a(a)(2) as                 necessary to proceedings or inquiries;                 and inquiries in which the Department
                                                a United States citizen or lawful                          (d) A party to a legal proceeding                   participates or is involved.
                                                permanent resident.                                     involving the Department, or the party’s                 The Department of State periodically
                                                                                                        attorney or other designated                           publishes in the Federal Register its
                                                CATEGORIES OF RECORDS IN THE SYSTEM:                    representative where relevant and                      standard routine uses which apply to all
                                                   Biographic information, such as                      necessary to legal proceedings;                        of its Privacy Act systems of records.
                                                name, contact information, and place of                    (e) A source, witness or subject, or an             These notices appear in the form of a
                                                birth; employment histories; summaries                  attorney or other designated                           Prefatory Statement (published in
                                                of circumstances surrounding                            representative of any source, witness or               Volume 73, Number 136, Public Notice
                                                grievances, Equal Employment                            subject where relevant and necessary to                6290, on July 15, 2008). All of these
                                                Opportunity complaints, claims,                         legal proceedings;                                     standard routine uses apply to Legal
                                                litigation, or disciplinary proceedings;                   (f) Federal agencies having statutory               Case Management Records, State-21.
                                                internal memoranda; copies of                           or other lawful authority to maintain
                                                indictments and charges; criminal                       such information where relevant and                    POLICIES AND PRACTICES FOR STORAGE OF
                                                                                                        necessary to fulfill statutory                         RECORDS:
                                                records and reports of investigations;
                                                civil and administrative court records;                 responsibilities;                                        Records will be stored in both hard
                                                emails; electronic records in various                      (g) Appropriate agencies, entities, and             copy and electronic media. A
                                                formats; supporting documentation for a                 persons when (1) the Department of                     description of standard Department of
                                                case against or involving the                           State suspects or has confirmed that                   State policies concerning storage of
                                                Department, an individual or group;                     there has been a breach of the system of               electronic records is found in the
                                                contracts and other legal documents;                    records; (2) the Department of State has               Department’s Foreign Affairs Manual
                                                income withholding orders,                              determined that as a result of the                     (https://fam.state.gov/FAM/05FAM/
                                                garnishment orders, bankruptcy orders,                  suspected or confirmed breach there is                 05FAM0440.html). All hard copies of
                                                state tax liens, and similar court or                   a risk of harm to individuals, the                     records containing personal information
                                                agency documents; inquiries from                        Department of State (including its                     are maintained in secured file cabinets
                                                federal, state, and local agencies, and                 information systems, programs, and                     in restricted areas, access to which is
                                                responses to those inquiries; inquiries                 operations), the Federal Government, or                limited to authorized personnel only.
                                                from international commissions,                         national security; and (3) the disclosure
                                                                                                                                                               POLICIES AND PRACTICES FOR RETRIEVAL OF
                                                organizations or mechanisms, and                        made to such agencies, entities, and                   RECORDS:
                                                responses to those inquiries; documents                 persons is reasonably necessary to assist
                                                                                                                                                                 Hardcopy by name, date, country,
                                                that may be relevant to or obtained in                  in connection with the Department of
                                                                                                                                                               and/or subject; electronic by keyword or
                                                the course of legal proceedings and                     State efforts to respond to the suspected
                                                                                                                                                               metadata.
                                                investigations; correspondence related                  or confirmed breach or to prevent,
                                                to legal or policy issues, regardless of                minimize, or remedy such harm;                         POLICIES AND PRACTICES FOR RETENTION AND
                                                format (paper or electronic).                              (h) Another Federal agency or Federal               DISPOSAL OF RECORDS:
                                                                                                        entity, when the Department of State                     Records maintained in this system of
                                                RECORD SOURCE CATEGORIES:                               determines that information from this                  records are generally permanent and are
                                                   These records contain information                    system of records is reasonably                        retired to the Records Service Center
                                                that is primarily obtained from the                     necessary to assist the recipient agency               one year after the close of the case.
                                                individual; offices of the Department of                or entity in (1) responding to a                       These records are retired and destroyed
                                                State; other government agencies,                       suspected or confirmed breach or (2)                   in accordance with published
                                                particularly the Department of Justice;                 preventing, minimizing, or remedying                   Department of State Records Disposition
                                                court systems and administrative                        the risk of harm to individuals, the                   Schedules as approved by the National
                                                bodies; international commissions,                      recipient agency or entity (including its              Archives and Records Administration
                                                organizations, and other mechanisms;                    information systems, programs, and                     (NARA), and a complete list of the
                                                previous employers; neighbors; security                 operations), the Federal Government, or                Department’s schedules can be found on
                                                investigation reports; other employees                  national security, resulting from a                    our Freedom of Information Act (FOIA)
                                                or individuals having knowledge of the                  suspected or confirmed breach;                         program’s website (https://
                                                issue about which a legal opinion is                       (i) The Department may respond to                   foia.state.gov/Learn/Records
                                                requested or who are party to litigation                federal, state, and local agency inquiries             Disposition.aspx). More specific
                                                or investigation.                                       related to child support, alimony,                     information may be obtained by writing
                                                                                                        bankruptcy, state tax lien, or similar                 to the following address: Director, Office
                                                ROUTINE USES OF RECORDS MAINTAINED IN THE               issues;                                                of Information Programs and Services,
                                                SYSTEM, INCLUDING CATEGORIES OF USERS AND                  (j) Pursuant to a court or agency order,
                                                PURPOSES OF SUCH USES:
                                                                                                                                                               A/GIS/IPS; SA–2, Department of State;
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        the Department may disclose relevant                   515 22nd Street NW; Washington, DC
                                                  Legal Case Management Records may                     information to private collection                      20522–8100.
                                                be disclosed to:                                        agencies, law firms and/or other
                                                  (a) The Department of Justice and                     individuals authorized to receive                      ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
                                                other federal agencies in connection                    benefits under such order; and                         SAFEGUARDS:
                                                with facilitating defense of the                           (k) The Department may also publish                   All users are given cyber security
                                                Department in legal proceedings and                     certain information from this system of                awareness training that covers the
                                                analyzing legal issues;                                 records in a Department-published                      procedures for handling Sensitive but


                                           VerDate Sep<11>2014   17:58 Jun 19, 2018   Jkt 244001   PO 00000   Frm 00102   Fmt 4703   Sfmt 4703   E:\FR\FM\20JNN1.SGM   20JNN1


                                                                             Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Notices                                                       28709

                                                Unclassified information, including                     under penalty of perjury; a brief                      SURFACE TRANSPORTATION BOARD
                                                personally identifiable information (PII).              description of the circumstances that
                                                                                                                                                               [Docket No. FD 36198 (Sub-No. 1)]
                                                Annual refresher training is mandatory.                 caused the creation of the record
                                                In addition, all Foreign Service and                    (including the city and/or country and                 New Orleans Public Belt Railroad
                                                Civil Service employees and those                       the approximate dates) which gives the                 Corporation—Trackage Rights
                                                Locally Engaged Staff who handle PII                    individual cause to believe that the                   Exemption—Illinois Central Railroad
                                                are required to take the Foreign Service                Legal Case Management Records                          Company
                                                Institute distance learning course                      include records pertaining to him or
                                                instructing employees on privacy and                    her. Detailed instructions on                             On May 21, 2018, New Orleans Public
                                                security requirements, including the                    Department of State procedures for                     Belt Railroad Corporation (NOPB Corp.)
                                                rules of behavior for handling PII and                  accessing and amending records can be                  filed a verified notice of exemption in
                                                the potential consequences if it is                     found at the Department’s FOIA website                 Docket No. FD 36198 for trackage rights
                                                handled improperly.                                     (https://foia.state.gov/Request/                       under the class exemption at 49 CFR
                                                   Access to the Department of State, its               Guide.aspx).                                           1180.2(d)(7) 1 and simultaneously filed a
                                                annexes and posts abroad is controlled                                                                         petition in this sub-docket to partially
                                                by security guards and admission is                     CONTESTING RECORD PROCEDURES:                          revoke the exemption to allow the
                                                limited to those individuals possessing                                                                        trackage rights to expire on January 31,
                                                a valid identification card or individuals                 Individuals who wish to contest                     2020. Notice of the exemption in Docket
                                                under proper escort. While the majority                 records should write to U.S. Department                No. FD 36198 was served and published
                                                of records covered in the Legal Case                    of State; Director, Office of Information              in the Federal Register on June 6, 2018
                                                Management Records are electronic, all                  Programs and Services; A/GIS/IPS; SA–                  (83 FR 26,337), and became effective on
                                                paper records containing personal                       2, Suite 8100; Washington, DC 20522–                   June 20, 2018. This decision addresses
                                                information are maintained in secured                   0208.                                                  NOPB Corp.’s petition to partially
                                                file cabinets in restricted areas, access to                                                                   revoke the exemption.
                                                                                                        NOTIFICATION PROCEDURES:
                                                which is limited to authorized                                                                                    As explained by NOPB Corp. in its
                                                personnel. Access to computerized files                    Individuals who have reason to                      verified notice of exemption in Docket
                                                is password-protected and under the                     believe that this system of records may                No. FD 36198, pursuant to a September
                                                direct supervision of the system                        contain information pertaining to them                 16, 2016 temporary trackage rights
                                                manager. The system manager has the                     may write to U.S. Department of State;                 agreement and subsequent amendment,
                                                capability of printing audit trails of                  Director, Office of Information Programs               dated December 28, 2016, NOPB Corp.’s
                                                access from the computer media,                         and Services; A/GIS/IPS; SA–2, Suite                   predecessor obtained temporary
                                                thereby permitting regular and ad hoc                   8100; Washington, DC 20522–0208. The                   overhead trackage rights on
                                                monitoring of computer usage. When it                   individual must specify that he/she                    approximately 6.3 miles of Illinois
                                                is determined that a user no longer                     wishes the Legal Case Management                       Central Railroad Company (IC) rail line
                                                needs access, the user account is                       Records to be checked. At a minimum,                   in New Orleans, La., for the purpose of
                                                disabled.                                               the individual must include: full name                 interchanging traffic with Kansas City
                                                   Before being granted access to Legal                 (including maiden name, if appropriate)                Southern Railway Company (KCS) on
                                                Case Management Records, a user must                    and any other names used; current                      KCS trackage in New Orleans on a trial
                                                first be granted access to the Department               mailing address and zip code; date and                 basis. See New Orleans Pub. Belt R.R.—
                                                of State computer system. Remote                        place of birth; notarized signature or                 Temp. Trackage Rights Exemption—Ill.
                                                access to the Department of State                       statement under penalty of perjury; a                  Cent. R.R., FD 36067 (STB served Jan.
                                                network from non-Department owned                       brief description of the circumstances                 30, 2017); New Orleans Pub. Belt R.R.—
                                                systems is authorized only through a                    that caused the creation of the record                 Temp. Trackage Rights Exemption—Ill.
                                                Department approved access program.                     (including the city and/or country and                 Cent. R.R., FD 36067 (STB served Oct.
                                                Remote access to the network is                         the approximate dates) which gives the                 14, 2016). NOPB Corp. states that it
                                                configured with the authentication                      individual cause to believe that the                   acquired its predecessor’s interest in the
                                                requirements contained in the Office of                 Legal Case Management Records                          temporary trackage rights arrangement
                                                Management and Budget Circular                          include records pertaining to him or                   as part of the transaction authorized in
                                                Memorandum A–130. All Department of                     her.                                                   New Orleans Public Belt Railroad—
                                                State employees and contractors with                                                                           Acquisition & Operation Exemption—
                                                authorized access have undergone a                      EXEMPTIONS PROMULGATED FOR THE SYSTEM:                 Public Belt Railroad Commission of New
                                                background security investigation.                                                                             Orleans, FD 36149 (STB served Dec. 27,
                                                                                                           Pursuant to 5 U.S.C. 552a(k)(1),                    2017).
                                                RECORD ACCESS PROCEDURES:                               records in this system may be exempted                    NOPB Corp. states in its petition in
                                                  Individuals who wish to gain access                   from subsections (c)(3), (d), (e)(1),                  this sub-docket that the temporary
                                                to or to amend records pertaining to                    (e)(4)(G), (e)(4)(H), (e)(4)(I), (f) of 552a.          trackage rights were scheduled to expire
                                                themselves should write to U.S.                         See 22 CFR 171.26.                                     on January 31, 2018, but NOPB Corp.
                                                Department of State; Director, Office of                                                                       and IC entered into a second
                                                Information Programs and Services; A/                   HISTORY:
                                                                                                                                                               amendment to the temporary trackage
                                                GIS/IPS; SA–2, Suite 8100; Washington,                                                                         rights agreement, dated January 31,
                                                                                                           This SORN was previously published
                                                DC 20522–0208. The individual must                                                                             2018, which further extended the
                                                                                                        at 81 FR 40741.
                                                specify that he or she wishes the Legal
sradovich on DSK3GMQ082PROD with NOTICES




                                                Case Management Records to be                           Mary R. Avery,                                            1 On June 1, 2018, NOPB Corp. supplemented its
                                                checked. At a minimum, the individual                   Senior Agency Official for Privacy, Senior             verified notice of exemption to certify that the
                                                must include: Full name (including                      Advisor, Office of Global Information                  traffic subject to the trackage rights does not involve
                                                maiden name, if appropriate) and any                    Services, Bureau of Administration,                    an interchange commitment that limits interchange
                                                                                                        Department of State.                                   with a third-party connecting carrier. See NOPB
                                                other names used; current mailing                                                                              Corp. Letter 1, New Orleans Pub. Belt R.R.—
                                                address and zip code; date and place of                 [FR Doc. 2018–13212 Filed 6–19–18; 8:45 am]            Trackage Rights Exemption—Ill. Cent. R.R., FD
                                                birth; notarized signature or statement                 BILLING CODE 4710–24–P                                 36198.



                                           VerDate Sep<11>2014   17:58 Jun 19, 2018   Jkt 244001   PO 00000   Frm 00103   Fmt 4703   Sfmt 4703   E:\FR\FM\20JNN1.SGM   20JNN1



Document Created: 2018-06-20 00:20:33
Document Modified: 2018-06-20 00:20:33
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of a modified System of Records.
DatesIn accordance with 5 U.S.C. 552a(e)(4) and (11), this system of records notice is effective upon publication, with the exception of the routine uses (c), (e), (g), (h) and (k), which are subject to a 30-day period during which interested persons may submit comments to the Department. Please submit any comments by July 20, 2018.
ContactMary R. Avery, Senior Agency Official for Privacy; U.S. Department of State; Office of Global Information Services, A/GIS/PRV; SA-2, Suite 8100; Washington, DC 20522-0208 or at (202)663-2215.
FR Citation83 FR 28707 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR