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[Federal Register Volume 77, Number 156 (Monday, August 13, 2012)]
[Notices]
[Pages 48199-48201]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19796]

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DEPARTMENT OF STATE

[Public Notice 7979]

Privacy Act; System of Records: State-35, Information Access 
Programs Records

SUMMARY: Notice is hereby given that the Department of State proposes 
to amend an existing system of records, Information Access Programs 
Records, State-35, 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 September 24, 2012, 
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 20522-8001.

FOR FURTHER INFORMATION CONTACT: Director; Office of Information 
Programs and Services, A/GIS/IPS; Department of State, SA-2; 515 22nd 
Street NW.; Washington, DC 20522-8001.

SUPPLEMENTARY INFORMATION: The Department of State proposes that the 
current system retain the name ``Information Access Programs Records.'' 
The proposed system will include revisions to the following sections: 
Categories of individuals, Categories of records, Authorities, Purpose, 
Routine Uses, Safeguards, and other administrative updates. The 
following section has been added to the system of records, Information 
Access Programs Records, State-35, to ensure Privacy Act of 1974 
compliance: Disclosure to Consumer Reporting Agencies.
    The Department's report was filed with the Office of Management and 
Budget. The amended system description, ``Information Access Programs 
Records, State-35,'' will read as set forth below.

    Dated: June 18, 2012.
 Joyce A. Barr,
Assistant Secretary for Administration, U.S. Department of State.
STATE-35

SYSTEM NAME:
    Information Access Programs Records.

SECURITY CLASSIFICATION:
    Unclassified and Classified.

SYSTEM LOCATION:
    Department of State; SA-2; 515 22nd Street NW.; Washington, DC 
20522-8001.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals requesting access to Department of State records under 
the Freedom of Information Act, the Privacy Act, the Ethics in 
Government Act, the access provisions of Executive Order 13526 or a 
successor order on national security information, and Touhy 
regulations. Also covered are individuals and entities requesting 
access to Department of State records pursuant to certain other 
authorities for special document requests, discovery and litigation 
support requests.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records in the system include but are not limited to the request 
letters and Department responses, copies of responsive records (if 
applicable) and any other correspondence, memoranda, interrogatories 
and declarations related to the processing of the request from the 
initial receipt stage through to completion, amendment, appeal and 
litigation.
    Hard copy records and electronic records may contain: the date of 
the request; requester's name and requester's mailing and email 
address; Social Security number (if provided by the requester) or other 
personal identifiers; place of birth, and/or date of birth in the form 
of scanned hardcopy documents or case tracking information entered into 
the system during the initial processing stage; type of case; case 
number; dates of acknowledgement letters; fee categories; search and 
review taskings; number of documents/pages found, reviewed and released 
or denied; date of response and, where applicable, the exemptions 
applied pursuant to the Freedom of Information Act or Privacy Act. 
These records may also contain names, addresses and phone numbers of 
attorneys, law firms, judges and U.S. attorneys involved with the 
processing or litigation of the case, as well as separate but related 
court decisions.

[[Page 48200]]

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 301 (Management of Executive Agencies); 5 U.S.C. 552 
(Freedom of Information Act); 5 U.S.C. 552a (Privacy Act); 22 U.S.C. 
2651a (Organization of the Department of State); 22 U.S.C. 3921 
(Management of Foreign Service) and Executive Order 13526 (Classified 
National Security Information).

PURPOSE:
    The information in this system supports the Department in the 
administration of its statutory responsibility for processing requests 
for access; amendments; appeals; special projects for Congress, the 
Government Accountability Office, and the Department of Justice in 
support of court orders and subpoenas; discovery, litigation support, 
and litigation pursuant to the Freedom of Information Act, the Privacy 
Act, Executive Order 13526 or a successor order on national security 
information, and Touhy regulations.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Information in this system may be disclosed to:
    1. Government agencies that have custody of Department of State 
records or that share with the Department responsibility for granting 
access to certain categories of records, to coordinate decisions on 
access to records;
    2. Government agencies for concurrence reviews in recommendations 
for access to classified or restricted material and in making 
appropriate arrangements for such access;
    3. A Court or adjudicative body for a proceeding, when the agency, 
or any component thereof, or any employee of the agency in his or her 
official capacity, is a party to litigation or has an interest in such 
litigation, and the agency determines that use of such records is 
relevant and necessary to the litigation;
    4. Department of Justice for the purpose of obtaining its advice on 
any aspect of the processing of requests for information under the 
access provisions of the laws or in connection with litigation;
    5. Actual or potential party to litigation or the party's attorney 
for the purpose of negotiation or discussion on such matters as 
settlement of the case or matter, plea bargaining or in formal or 
informal discovery proceedings;
    6. Office of Management and Budget, National Archives and Records 
Administration or the Interagency Security Oversight Office, for the 
purpose of obtaining advice regarding agency obligations under any 
access provisions or restrictions of law;
    7. Interagency Security Classification Appeals Panel or member 
agencies for the purpose of obtaining advice regarding agency 
obligations under any access provisions or restrictions of law; and
    8. In response to a properly issued subpoena.
    9. To the National Archives and Records Administration, Office of 
Government Information Services (OGIS), to the extent necessary to 
fulfill its responsibilities in 5 U.S.C. 552(h), to review 
administrative agency policies, procedures, and compliance with the 
Freedom of Information Act, and to facilitate OGIS' offering of 
mediation services to resolve disputes between persons making FOIA 
requests and administrative agencies.
    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 Information Access 
Programs Records, State-35.

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:
    Individual name, case number.

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 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.
    Before being granted access to Information Access Programs Records, 
a user must first be granted access to the Department of State computer 
system.
    All employees of the Department of State 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. Access to computerized files 
is password-protected and under the direct supervision of the system 
manager. In addition, all cases and user-accessible records containing 
PII are only accessible by cleared individuals whose login is contained 
on the Access Control List (ACL). If an individual is not listed on the 
ACL, he/she does not have any access to electronic records containing 
PII in the system. 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.

RETENTION AND DISPOSAL:
    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). 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 20522-8001.

SYSTEM MANAGER(S) AND ADDRESS:
    Director, Office of Information Programs and Services, SA-2; 
Department of State; 515 22nd Street NW.; Washington, DC 20522-8001.

NOTIFICATION PROCEDURE:
    Individuals who have reason to believe that the Office of 
Information Programs and Services might have records maintained under 
their name or personal identifier should write to the Director, Office 
of Information Programs and Services; SA-2; Department of State; 515 
22nd Street NW.; Washington, DC 20522-8001. The individual must specify 
that he/she wishes the system to be checked. At a minimum, the 
individual must include: Name; date and place of birth; current mailing 
address and zip code; signature; case number if available; and other 
information helpful in identifying the record.

RECORD ACCESS PROCEDURES:
    Individuals who wish to gain access to or amend records pertaining 
to

[[Page 48201]]

themselves should write to the Director, Office of Information Programs 
and Services (address above).

CONTESTING RECORD PROCEDURES:
    (See above.)

RECORD SOURCE CATEGORIES:
    These records may contain information obtained from the requester, 
attorneys representing the requester and others authorized to represent 
requesters, records systems searched, and officials of other government 
agencies who may have provided/referred information relative to the 
request including, but not limited to documents, advice, concurrence, 
recommendations and disclosure determinations.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    Pursuant to 5 U.S.C. 552a(j)(2), records in this system of records 
may be exempted from any part of the Privacy Act except 5 U.S.C. 
552a(b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), 
and (11), and (i).
    Pursuant to 5 U.S.C. 552a(k)(1), (k)(2), (k)(3), (k)(4), (k)(5), 
(k)(6), and (k)(7), records in this system of records may be exempted 
from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I) and (f).
    When the Department of State is processing requests under the 
purpose of this system, exempt materials from other systems of records 
may become part of the records in this system. To the extent that 
copies of exempt records from other systems of records are entered into 
this system, the Department of State hereby claims the same exemptions 
for those records that are claimed for the original primary systems of 
records from which they originated.

[FR Doc. 2012-19796 Filed 8-10-12; 8:45 am]
BILLING CODE 4710-24-P
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