Privacy Act of 1974; System of Records, 20913-20915 [2023-07452]

Agencies

• Management and Budget Office

[Federal Register Volume 88, Number 67 (Friday, April 7, 2023)]
[Notices]
[Pages 20913-20915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07452]


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OFFICE OF MANAGEMENT AND BUDGET


Privacy Act of 1974; System of Records

AGENCY: Office of Management and Budget.

ACTION: Notice of a new system of records, OMB/INPUT/01.

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SUMMARY: Pursuant to the Privacy Act of 1974 and Office of Management 
and Budget Circular No. A-130, Appendix I, Federal Agency 
Responsibilities for Maintaining Records About Individuals, notice is 
hereby given that the Office of Management and Budget (OMB) is 
establishing the following new system of records: ``OMB Public Input 
System of Records, OMB/INPUT/01'' (OMB Public Input System). OMB 
engages in a number of activities, including issuing guidance, policy, 
and regulatory actions, many of which invite the public and interested 
stakeholders to provide input to OMB. The OMB Public Input System 
covers the collection of that public input received through the Federal 
Docket Management System, Reginfo.gov, email, hardcopy communications, 
and other authorized means.

DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this system of 
records notice (SORN) is effective April 7, 2023, with the exception of 
the routine uses, which are subject to a 30-day comment period and will 
be effective May 8, 2023. Please submit any comments on or before May 
8, 2023.

ADDRESSES: You may submit comments by:
     Email: [email protected].
    Instructions: All submissions must contain the subject heading 
``OMB Public Input System of Records.''

FOR FURTHER INFORMATION CONTACT: [email protected]. You must include 
``OMB Public Input System of Records'' in the subject line.

SUPPLEMENTARY INFORMATION: OMB engages in a number of activities, 
including issuing guidance, policy, and regulatory actions, many of 
which invite the public to provide input to OMB. One way in which OMB 
makes documents available for public input is through the Federal 
eRulemaking system, which is managed by the General Services 
Administration (GSA). The eRulemaking system is a centralized 
repository for all Federal rulemaking dockets, including notices of 
proposed rulemaking, interim rules, final rules, other types of 
rulemaking actions, supporting materials such as scientific or economic 
analyses, and public comments, as well as for some non-rulemaking 
dockets, such as notices and guidance or policy documents. It consists 
of a public facing interface, www.regulations.gov, and a portal visible 
to OMB called the Federal Docket Management System (FDMS), at 
www.FDMS.gov. The FDMS is a Federal Government-wide document management 
system. OMB employees with a need to use the system may self-register 
to use FDMS but may only see dockets of OMB.
    Additionally, OMB uses the website at www.reginfo.gov to post 
notices of and accept meeting requests regarding regulatory actions 
currently under review pursuant to Executive Order (E.O.) 12866 of 
September 30, 1993 (Regulatory Planning and Review). OMB also reviews 
information collection requests under the Paperwork Reduction Act (PRA) 
and, during the 30-day review of information collections, the public 
may comment on materials submitted by the agency as part of their 
request for a new information collection or an extension or revision to 
an existing information collection through www.reginfo.gov. E.O. 12866 
establishes and governs the process under which OMB reviews agencies' 
regulatory actions, including any substantive action that promulgates 
or is expected to lead to the promulgation of a final rule. Under E.O. 
12866, non-governmental parties can request meetings concerning 
proposed regulatory actions under OMB review to present their views. 
Meeting requesters may submit to OMB documents to be discussed during 
the

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course of those meetings. OMB's meeting request form collects 
information from the public and is subject to the PRA. This form is 
assigned OMB Control Number 0348-0065 and is available at 
www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202206-0348-001.
    OMB may also receive and solicit information from the public when 
implementing the Information Quality Act (IQA), which aims to ensure 
the ``quality, objectivity, utility, and integrity'' of information 
disseminated to the public. 44 U.S.C. 3516 note. In particular, OMB may 
request the name and contact information of nominees for peer review, 
as well as query those being considered to peer review OMB documents 
about activities that may pose or give the appearance of a conflict of 
interest. Individuals who submit requests for correction to OMB under 
the IQA may also include their name and contact information.
    In accordance with 5 U.S.C. 552a(r), OMB has provided a report of 
this OMB Public Input System of Records, OMB/INPUT/01, to OMB and to 
Congress.

SYSTEM NAME AND NUMBER:
    OMB Public Input System of Records, OMB/INPUT/01.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are maintained at OMB, 725 17th Street NW, Washington, DC 
20503, and GSA Headquarters, 1800 F Street NW, Washington, DC 20405.

SYSTEM MANAGER(S):
    OMB Senior Agency Official for Privacy, 725 17th Street NW, 
Washington, DC; [email protected].

AUTHORITY FOR THE MAINTENANCE OF THIS SYSTEM:
    Authorities of the Office of Management and Budget including the 
following: 31 U.S.C. 501-507; the Freedom of Information Act, 5 U.S.C. 
552; Information Quality Act, 44 U.S.C. 3516 note; Paperwork Reduction 
Act, 44 U.S.C. 3501-3520; Foundations for Evidence-Based Policymaking 
Act of 2018, 5 U.S.C. 3551; Administrative Procedure Act, e.g., 5 
U.S.C. 553; Privacy Act, 5 U.S.C. 552; the E-Government Act, 44 U.S.C. 
3501 note; the Infrastructure Investment and Jobs Act, Public Law 117-
58, 135 Stat. 429; the Federal Funding Accountability and Transparency 
Act (Pub. L. 109-282), 31 U.S.C. 6101 note; the Digital Accountability 
and Transparency Act of 2014 (Pub. L. 113-101), 31 U.S.C. 6101 note; 41 
U.S.C. 1101; 44 U.S.C. 3551-3558; other statutes, such as the AI in 
Government Act, Pub. L. 116-260, div. U, section 104(b) (2020), 
specifically requiring OMB to seek public comment on proposed policy 
documents; and executive orders, including E.O. 14005, 86 FR 7475 (Jan. 
25, 2021), and E.O. 12866, 58 FR 51735 (Oct. 4, 1993).

PURPOSE(S) OF THE SYSTEM:
    OMB engages in a number of activities, including issuing guidance, 
policy, and regulatory actions, during which the public and interested 
stakeholders may be invited to provide input to OMB. The purpose of 
this system of records is:
     to appropriately address comments or input received from 
the public as part of OMB's own rulemaking and non-rulemaking actions, 
including obtaining clarification when necessary;
     to effectively manage the E.O. 12866 regulatory review 
process, including responding to meeting requests and information 
submissions;
     to effectively address public input received as part of 
OMB's development of Government-wide guidance and policy; and
     to effectively manage OMB's review of agency proposed 
regulatory actions and information collection requests.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Any individual who provides personally identifiable information to 
OMB when responding to a request by OMB for information, including 
during OMB's review or development of guidance, policy, regulatory 
actions, notices, or information collection requests, and other 
individuals mentioned or identified in the body of a comment or in the 
information provided, including in response to OMB solicitations 
concerning peer review.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system includes:
     information submitted in response to OMB-specific proposed 
regulatory actions or other actions, including proposed and final 
rulemakings, SORNs, and ICRs;
     information submitted in response to OMB's invitation or 
request during OMB's development of Government-wide guidance and 
policies pursuant to one or more of its legal authorities;
     information submitted by requesters in connection with 
meetings under E.O. 12866;
     information submitted as part of the Government-wide 
information collection request review process; and
     information received for purposes of OMB's Information 
Quality Act responsibilities, including management of IQA requests and 
information about submitters or nominees for peer review.
    Records may include name and contact information, such as a mailing 
address, email address, and phone or fax number. Records may also 
include additional information, including supporting documentation, 
submitted by individuals or entities in connection with E.O. 12866 
meetings. Records submitted during a peer review function may include 
resumes and other personal information.

RECORD SOURCE CATEGORIES:
    OMB receives records from members of the public, including 
representatives of Federal, State, or local governments, non-
governmental organizations, and the private sector.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under the 
Privacy Act, 5 U.S.C. 552a(b), records or information contained therein 
may be disclosed outside of OMB as a routine use pursuant to 5 U.S.C. 
552a(b)(3) as follows:
    A. To GSA when needed for purposes of its management of the public 
websites through which comments and other information are submitted.
    B. To the Department of Justice (DOJ) when any of the following is 
a party to litigation or has an interest in such litigation, and the 
use of such records by DOJ is deemed by OMB to be relevant and 
necessary to the litigation: (1) OMB, or any component thereof; (2) any 
employee of OMB in the employee's official capacity; (3) any employee 
of OMB in the employee's individual capacity where DOJ has agreed to 
represent the employee; or (4) a Federal agency, a Federal entity, a 
Federal official, or the United States, where OMB determines that 
litigation is likely to affect OMB or any of its components.
    C. To a congressional office in response to an inquiry from that 
congressional office made at the request of the individual to whom the 
record pertains.
    D. To the National Archives and Records Administration for purposes 
of records management inspections conducted under the authority of 44 
U.S.C. 2904 and 2906.
    E. In a proceeding before a court or adjudicative body before which 
OMB is authorized to appear, when OMB determines that the records are 
relevant and necessary to the litigation; or in an appropriate 
proceeding before an administrative or adjudicative body

[[Page 20915]]

when the adjudicator determines the records to be relevant to the 
proceeding.
    F. To appropriate agencies, entities, and persons when (1) OMB 
suspects or has confirmed that there has been a breach of the system of 
records; (2) OMB has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, OMB (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 OMB's efforts to respond to the suspected or confirmed 
breach or to prevent, minimize, or remedy such harm.
    G. To another Federal agency or Federal entity, when OMB 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.
    H. Where a record, either alone or in conjunction with other 
information, indicates a violation or potential violation of law--
criminal, civil, or regulatory in nature--the relevant records may be 
referred to the appropriate Federal, state, local, territorial, tribal, 
international, or foreign law enforcement authority or other 
appropriate entity charged with the responsibility for investigating or 
prosecuting such violation or charged with enforcing or implementing 
such law.
    I. To contractors, grantees, experts, consultants, students, and 
others performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for OMB, when necessary to accomplish an 
agency function related to this system of records.
    J. To the public, unless it is determined that the release of the 
specific information in the context of a particular case would 
constitute a clearly unwarranted invasion of personal privacy.
    K. To such recipients and under such circumstances and procedures 
as are mandated by Federal statute or treaty.
    L. To other agencies as necessary for the review of regulatory 
actions or information collection requests.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records in this system are stored in electronic or paper form in 
secure facilities. The records may be stored on magnetic disc, tape, 
and digital media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by individuals' names, titles, or 
organizations.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    These records will be managed in accordance with OMB's published 
records schedules as approved by the National Archives and Records 
Administration (NARA). All unscheduled records, meaning records without 
a NARA-approved records retention schedule, are retained until a 
records retention schedule is approved by NARA. Once a schedule is 
approved, all existing records will be processed according to the 
requirements set forth in that schedule.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    All records are maintained in secure, password-protected electronic 
systems that use security hardware and software to include multiple 
firewalls, active intrusion detection, encryption, identification, and 
authentication of users. All security controls are reviewed on a 
periodic basis by external assessors. The controls themselves include 
measures for access control, security awareness training, audits, 
configuration management, contingency planning, incident response, and 
maintenance. Access to the information technology systems containing 
the records in this system is limited to those individuals who need the 
information for the performance of their official duties and who have 
appropriate clearances or permissions.

RECORD ACCESS PROCEDURES:
    Individuals' requests for access to records in this system of 
records may be sent to OMB's FOIA Officer, by mail to Office of 
Management and Budget, 725 17th Street NW, Room 9204, Washington, DC 
20503, or by email to [email protected], and should be made in 
accordance with OMB's Privacy Act Procedures which can be found at 5 
CFR part 1302.

CONTESTING RECORDS PROCEDURES:
    Individuals' requests for amendment of a record in this system of 
records may be sent to OMB's FOIA Officer, by mail to Office of 
Management and Budget, 725 17th Street NW, Room 9204, Washington, DC 
20503, or by email to [email protected], and should be made in 
accordance with OMB's Privacy Act Procedures, which can be found at 5 
CFR part 1302.

NOTIFICATION PROCEDURES:
    Individuals' requests for notification as to whether this system of 
records contains a record pertaining to them may be sent to OMB's FOIA 
Officer, by mail to Office of Management and Budget, 725 17th Street 
NW, Room 9204, Washington, DC 20503, or by email to 
[email protected], and should be made in accordance with OMB's 
Privacy Act Procedures, which can be found at 5 CFR part 1302.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

Shraddha A. Upadhyaya,
Senior Agency Official for Privacy, Office of Management and Budget.
[FR Doc. 2023-07452 Filed 4-6-23; 4:15 pm]
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