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Case 1:15-cv-01979-RJL Document 16-1 Filed 07/29/16 Page 1 of 5

UNITED STATES DISTRICT COURT


FOR THE DISTRICT OF COLUMBIA
The Daily Caller News Foundation, et al

Plaintiffs,
V.

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)
)
)
)

U.S. Department of State,

)
)
)

Defendant.

No. I :15-cv-1979-RJL

~~~~~~~~~~~~~~)

SECOND DECLARATION OF ERIC F. STEIN


Pursuant to 28 U.S.C. 1746, I, Eric F. Stein, declare and state as follows:
1.

I am the Acting Co-Director of the Office of Information Programs and Services

("IPS") of the United States Department of State (the "Department") and have served in this
capacity since March 21, 2016. I am the Department official immediately responsible for
responding to requests for records under the Freedom of Information Act (the "FOIA"), 5 U.S.C.

552, the Privacy Act of 1974 (the "Privacy Act"), 5 U.S.C. 552a, and other applicable
records access provisions. Prior to serving in this capacity, from April 2013, I worked directly
for the Department's Deputy Assistant Secretary ("DAS") for Global Information Services
("GIS") and served as a senior advisor and deputy to the DAS on all issues related to GIS'
offices and programs, which includes JPS. I make the following statements based upon my
personal knowledge, which in turn is based upon information furnished to me in the course of
my official duties. I am familiar with the efforts of Department personnel to process the subject
request, and I am in charge of coordinating the agency's search and review efforts with respect to
this request.

Case 1:15-cv-01979-RJL Document 16-1 Filed 07/29/16 Page 2 of 5

2.

This Supplemental Declaration responds to Plaintiffs' Memorandum in

Opposition to Defendant's Motion for Summary Judgment (ECF No. 13) and Cross-Motion for
Discovery (ECF No. 14), and complements my Declaration dated June 3, 2016 ("Declaration"),
previously filed herein, with additional search descriptions for the Foreign Service Institute and
the Bureau of Diplomatic Security.

Foreign Service Institute


3.

As explained in my first declaration at ii 11, the Foreign Service Institute ("FSI")

develops the men and women our nation requires to fulfill our leadership role in world affairs
and to advance and defend U.S. interests. Created in 1947, PSI is the primary training institution
for the Department and the U.S. foreign affairs community.
4.

An FSI Management Analyst, who was knowledgeable of both the FOIA request

and the PSI records systems, conducted a search of the Student Management Training System
("STMS") and the Cyber Security Administration database for employee training profiles for
Hillary Clinton, Patrick Kennedy, Cheryl Mills, Huma Abedin, and Jacob Sullivan. STMS is the
Department's corporate training database. It contains a record of all official training activity
undertaken by Department employees, eligible family members, and contractors, as well as nonDepartment personnel who enroll in PSI-delivered training. Consequently, it includes records of
official training activity during the requested time period of January 1, 2009, through February
28, 2013. The Cyber Security Administration database contains records of all online training
activity specifically related to the Department's Cyber Security Awareness course (PS800).
Again, this includes records of online training activity related to PS800 during the requested time
period of January 1, 2009, through February 28, 201 3. When a Department employee enrolls in
an FSI course, a record of that enrollment is automatically created and retained in STMS. STMS

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The Daily Caller News Foundation, et al. v. U.S. Dep 't ofState.
Second Stein Declaration
Civil Action No. 1: 1S-cv-1979 RU

Case 1:15-cv-01979-RJL Document 16-1 Filed 07/29/16 Page 3 of 5

carefully tracks each step of the training process from course enrollment to course completion,
whether the course is taken online or in a classroom setting. Likewise, when an employee
completes the PS800 course then a record of that training is automatically retained and kept in
the Cyber Security Administration database. Thus, a search of STMS and the Cyber Security
Administration database would retrieve all records of security or information technology training
completed by Hillary Clinton, Patrick Kennedy, Huma Abedin, Cheryl Mills, or Jacob Sullivan
at FSI during the requested time period of January 1, 2009 through February 28, 2013. If the
search of these databases did not locate any such training records, then the courses were not
completed.

Bureau of Diplomatic Security


5.

As explained in my first declaration at 1115, the Bureau of Diplomatic Security

("DS") is responsible for providing a safe and secure environment for the conduct of U.S.
foreign policy. DS's Freedom oflnformation and Privacy Act Office ("DS/MGT/FOIA-PA")
reviews all incoming FOIA requests involving DS, determines which DS components are
reasonably likely to have responsive records, and then tasks those components with performing
searches. Upon review of the subject FOIA request, a DS/MGT/FOIA-PA analyst determined
that the only DS component reasonably likely to maintain responsive records was the Security
Infrastructure Directorate ("DS/SI").
6.

As explained in my first declaration at 1117, the Special Assistant for DS/SI

coordinated searches of the office's electronic and paper files for any records of courses
pertaining to security training or information technology training completed by Hillary Clinton,
Patrick Kennedy, Cheryl Mills, HumaAbedin, or Jacob Sullivan. Records of the Cyber Security

3
The Daily Caller News Foundation, et al. v. U.S. Dep 't ofState.
Second Stein Declaration
Civil Action No. 1:15-cv-1979 RlJ

Case 1:15-cv-01979-RJL Document 16-1 Filed 07/29/16 Page 4 of 5

Awareness course (PS800) are maintained electronically by DS/SI in addition to FSI. 1

Additionally, DS/SI has access to Sensitive Compartmented Information ("SCI") electronic


training records. This includes records of SCI training during the requested time period of
January 1, 2009, through February 28, 2013. IfDS's search of the SCI training records did not
locate any training records for an individual, then the training was not completed. Finally, DS/SI
also maintains records of SF-312 forms2 and SCI briefings. 3

CONCLUSION
7.

In summary, the Department conducted searches of all components that were

reasonably likely to maintain records responsive to Plaintiff's FOIA request. It is neither


reasonable nor necessary for the Department to conduct an additional search of individualspecific or shared drives for copies of the requested training certifications, because such
certifications, if they existed, would be retained in the databases and records systems previously
searched.

***

As discussed in paragraph four, FSI searched these records.

The form SF-312 is a legally bound agreement between an individual and the United States, where the individual
accepts the responsibility of properly maintaining classified information in consideration of being granted access to
classified information.
3

In my previous declaration, I characterized these as training records, but they are in fact records of briefings
conducted by DS officials.

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The Daily Caller News Foundation, et al. v, U.S. Dep 't ofState.
Second Stein Declaration
Civil Action No. 1: l 5-cv-1979 RlJ

Case 1:15-cv-01979-RJL Document 16-1 Filed 07/29/16 Page 5 of 5

I declare under penalty of perjury that the foregoing is true and correct to the best of my
knowledge.

Executed this

Jffh

day of July 2016, Washington, D.C.

Eric F. Stein

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111e Daily Caller News Foundation, et al. v. U.S. Dep't ofState.
Second Stein Declaration
Civil Action No. I: 15-cv-1 979 RU

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