Privacy Act of 1974; System of Records, 77365-77368 [2023-24692]
Download as PDF
Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices
77365
Respondents
Average
responses
per year
Total number
of responses
Average
minutes
Total
hours
19,567
2.7545
53,897
46.1603
41,465
Three-year average .............................................................
COLLECTION FORMS
National Compensation Survey (Private Industry sample).
NCS 24–1P, NCS 24–2P, NCS 24–5P, NCS–
9P, SO–1003P, E-update, SO100BF–1GP,
IDCF.
National Compensation Survey (State and local
government sample).
NCS 24–1G, NCS 24–2G, NCS 24–5G,
NCS–9G, SO–1003G, E-update,
SO100BF–1GP, IDCF.
Comments submitted in response to
this notice will be summarized and/or
included in the request for Office of
Management and Budget approval of the
information collection request; they also
will become a matter of public record.
column. The correct Docket Number is
M–2023–024–C.
Signed at Washington, DC, this 3rd day of
November 2023.
Eric Molina,
Chief, Division of Management Systems,
Branch of Policy Analysis.
BILLING CODE P
[FR Doc. 2023–24732 Filed 11–8–23; 8:45 am]
Mine Safety and Health Administration
Petition for Modification of Application
of Existing Mandatory Safety Standard;
Correction
Mine Safety and Health
Administration, Labor.
AGENCY:
Notice; correction.
This notice amends a petition
for modification published in the
Federal Register on October 19, 2023,
for Peabody Midwest Mining, LLC, CR
725 East, Francisco, Indiana 47699.
SUMMARY:
S.
Aromie Noe, Office of Standards,
Regulations, and Variances at 202–693–
9440 (voice), Petitionsformodification@
dol.gov (email), or 202–693–9441 (fax).
[These are not toll-free numbers.]
FOR FURTHER INFORMATION CONTACT:
ddrumheller on DSK120RN23PROD with NOTICES1
SUPPLEMENTARY INFORMATION:
Correction
This notice corrects the docket
number cited in the notice. Docket
Number M–2023–021–C is incorrectly
referenced in the Federal Register, 88
FR 72106, October 19, 2023, first
18:22 Nov 08, 2023
OFFICE OF MANAGEMENT AND
BUDGET
Office of Management and
Budget.
ACTION: Notice of a new system of
records.
AGENCY:
DEPARTMENT OF LABOR
VerDate Sep<11>2014
[FR Doc. 2023–24835 Filed 11–8–23; 8:45 am]
Privacy Act of 1974; System of
Records
BILLING CODE 4510–24–P
ACTION:
Song-ae Aromie Noe,
Director, Office of Standards, Regulations,
and Variances.
Jkt 262001
Pursuant to the Privacy Act of
1974 and Office of Management and
Budget Circular No. A–108, Federal
Agency Responsibilities for Review,
Reporting, and Publication under the
Privacy Act, notice is hereby given that
the Office of Management and Budget
(OMB) is establishing the following new
system of records: ‘‘OMB Freedom of
Information Act and Privacy Act
Requests System of Records, OMB/
FOIAPA/01.’’ This system covers all
information pertaining to Freedom of
Information (FOIA) or Privacy Act
requests and information relating to
other agencies’ FOIA or Privacy Act
requests received through the National
FOIA Portal (www.foia.gov), email,
hardcopy communications, and other
authorized means, including OMB’s
FOIA and Privacy Act tracking,
management, reporting, and e-Discovery
software and tools. This system also
covers information pertaining to any
administrative appeals or litigation
relating to FOIA or Privacy Act requests
to OMB or to another agency.
DATES: In accordance with 5 U.S.C.
552a(e)(4) and (11), this system of
records notice (SORN) is effective upon
SUMMARY:
PO 00000
Frm 00109
Fmt 4703
Sfmt 4703
Establishment Form, Earnings Form, Benefits
Form, Earning Update Form, Benefits Update Form, E-update Screen, Benefits Update Fillable Form, NCS IDCF Screen.
Establishment Form, Earnings Form, Benefits
Form, Earning Update Form, Benefits Update Form, E-update Screen, Benefits Update Fillable Form, NCS IDCF Screen.
its publication in today’s Federal
Register, with the exception of the
routine uses, which are subject to a 30day comment period, and will be
effective December 11, 2023. Please
submit any comments on or before
December 11, 2023.
ADDRESSES: You may submit comments
by:
Email: SORN@omb.eop.gov.
Instructions: All submissions must
contain the subject heading ‘‘OMB
FOIA/PA Requests System.’’
Privacy Act Statement: Submission of
comments is voluntary. The information
will be used to inform sound decision
making. Please note that all comments
received in response to this notice may
be posted or released in their entirety,
including any personal and business
confidential information provided. Do
not include any information you would
not like to be made publicly available.
Additionally, the OMB System of
Records Notice, OMB Public Input
System of Records, OMB/INPUT/01
includes a list of routine uses associated
with the collection of this information.
FOR FURTHER INFORMATION CONTACT: For
general questions and privacy issues,
please contact Shraddha A. Upadhyaya
by email at SORN@omb.eop.gov or by
phone at (202) 395–9225. You must
include ‘‘OMB FOIA/PA Requests
System’’ in the subject line.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552, and the Office of
Management and Budget (OMB),
Circular No. A–108, OMB proposes to
create a new system of records for OMB
titled, ‘‘OMB Freedom of Information
Act and Privacy Act Requests System of
Records, OMB/FOIAPA/01’’ (OMB
FOIA/PA Requests System).’’
The OMB FOIA/PA Requests System
covers all information related to
Freedom of Information Act (FOIA) or
E:\FR\FM\09NON1.SGM
09NON1
77366
Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices
Privacy Act requests and information
relating to other agencies’ FOIA or
Privacy Act requests received through
the National FOIA Portal
(www.foia.gov), email, hardcopy
communications, and other authorized
means. This system also covers
information pertaining to any
administrative appeals or litigation
relating to FOIA or Privacy Act requests
to OMB or to another agency.
ddrumheller on DSK120RN23PROD with NOTICES1
II. Privacy Act
The Privacy Act embodies fair
information practice principles in a
statutory framework governing the
means by which Federal Government
agencies collect, maintain, use, and
disseminate individuals’ records. The
Privacy Act applies to information that
is maintained in a ‘‘system of records.’’
A ‘‘system of records’’ is a group of any
records under the control of an agency
from which information is retrieved by
the name of an individual or by some
identifying number, symbol, or other
identifying particular assigned to the
individual. In the Privacy Act, an
individual is defined to encompass U.S.
citizens and lawful permanent
residents. Additionally, the Judicial
Redress Act of 2015 (JRA), 5 U.S.C. 552a
note, provides citizens of designated
foreign countries with certain rights of
redress for intentional or willful
disclosures of covered records, as
defined by the JRA, except as otherwise
permitted by the Privacy Act.
Under the Privacy Act, 5 U.S.C. 552a,
OMB receives requests from individuals
for access to their own records or
information pertaining to them, as well
as requests from individuals to amend
records pertaining to them, requests
from individuals for notification if a
record pertains to them, or requests
from individuals for an accounting of
disclosures of records pertaining to
them. OMB’s Privacy Act Procedures
can be found at 5 CFR 1302.
III. Freedom of Information Act
The FOIA provides a right of access
to certain records and information
Federal agencies maintain and control.
Any agency, upon any request for
records which (i) reasonably describes
such records and (ii) is made in
accordance with published rules stating
the time, place, fees (if any), and
procedures to be followed, shall make
the records promptly available to any
person. The FOIA does not apply to
information that satisfies one of nine
exemptions under 5 U.S.C. 552(b),
unless disclosure is warranted under the
foreseeable harm standard.
Additionally, any reasonably segregable
portion of a record shall be provided
VerDate Sep<11>2014
18:22 Nov 08, 2023
Jkt 262001
after deletion of the portions which are
exempt under 5 U.S.C. 552(b).
Under the FOIA, 5 U.S.C. 552, OMB
receives requests for records from ‘‘any
person’’ within the meaning of the
statute. OMB makes available records in
accordance with OMB’s FOIA
Procedures which can be found at 5 CFR
1303.
IV. Other Agencies
OMB also engages in inter-agency
consultations of these requests when
necessary to comply with OMB’s legal
obligations under FOIA and the Privacy
Act. Inter-agency consultations include
requests for consultation between OMB
and other agencies and entities, which
include requests for consultation from
other agencies to OMB and from OMB
to other agencies and entities.
In accordance with 5 U.S.C. 552a(r),
OMB has provided a report of this
system of records to OMB and to
Congress.
Below is the description of the OMB
FOIA/PA Requests System.
SYSTEM NAME AND NUMBER:
OMB Freedom of Information Act and
Privacy Act Requests System of Records,
OMB/FOIAPA/01.
SECURITY CLASSIFICATION:
The system may contain classified
information, but only to the extent the
FOIA or Privacy Act request requires
review of classified information. Any
classified information will be
maintained on systems rated to store
such information, in accordance with
E.O. 12958, 60 FR 19825 (Apr. 20, 1995)
and applicable executive order(s)
governing classified information, 32
CFR 2001, and 5 CFR 1312.
SYSTEM LOCATION:
Records are maintained at OMB, 725
17th Street NW, Washington, DC 20503.
SYSTEM MANAGER(S):
OMB FOIA Officer, 725 17th Street
NW, Washington, DC; OMBFOIA@
omb.eop.gov.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Freedom of Information Act, 5 U.S.C.
552; Privacy Act, 5 U.S.C. 552a; 44
U.S.C. 3101; 5 U.S.C. 301; and E.O.
12598 and applicable executive order(s)
governing classified information.
PURPOSE(S) OF THE SYSTEM:
OMB receives requests pursuant to
FOIA and the Privacy Act, including
inter-agency consultations. OMB also
adjudicates administrative appeals and
handles litigation relating to these
requests. The purpose of this system of
records is:
PO 00000
Frm 00110
Fmt 4703
Sfmt 4703
—To fulfill obligations under the
FOIA, and related policy and guidance,
and to assist other agencies in doing the
same.
—To fulfill obligations under the
Privacy Act, and related policy and
guidance, and to assist other agencies in
doing the same.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
This system includes all individuals
who submit FOIA or Privacy Act
requests and administrative appeals to
OMB; individuals whose requests for
records have been referred to OMB by
other agencies or entities; attorneys or
other persons representing individuals
submitting such requests and appeals;
individuals who are the subject of such
requests and appeals or whose
information may appear in records
required for processing requests and
appeals; and individuals who file
litigation based on their requests.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system includes records created,
compiled, or received in response to
FOIA and Privacy Act requests and
administrative appeals and includes:
The original requests and administrative
appeals; responses to such requests and
administrative appeals; all related
memoranda, correspondence, notes, and
other related or supporting
documentation; and, in some instances,
copies of requested records and records
under administrative appeal.
RECORD SOURCE CATEGORIES:
OMB receives records from members
of the public, including representatives
of Federal, State, or local governments,
non-government organizations, and the
private sector, as well as from other
federal agencies and entities.
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), all or a portion of
the 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 a federal, state, local, tribal, or
foreign agency or entity for the purpose
of consulting with that agency or entity
to enable OMB to make a determination
as to the propriety of access to,
accounting of, or amendment of
information, or for the purpose of
verifying the identity of an individual or
the accuracy of information submitted
by an individual who has requested
access to, accounting of, or amendment
of information.
E:\FR\FM\09NON1.SGM
09NON1
ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices
B. To any agency or entity that
furnished the record or information for
the purpose of permitting that agency or
entity to make a decision as to access to
or amendment of the record or
information, or to a federal agency or
entity for purposes of providing
guidance or advice regarding the
handling of particular requests.
C. To a submitter or subject of a
record or information in order to obtain
assistance to OMB in making a
determination as to access, amendment,
or accounting.
D. To appropriate agencies and
entities, for the purpose of resolving an
inquiry regarding compliance with the
Freedom of Information Act.
E. To the Department of Justice (DOJ)
when any of the following is a party to
litigation before any court, adjudicative,
or administrative body 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 or former employee
of OMB in the employee’s official
capacity;
(3) any employee or former of
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.
F. 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
when the adjudicator determines the
records to be relevant to the proceeding.
G. 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.
H. To any agency or organization for
the purpose of performing audit or
oversight operations as authorized by
law, but only such information as is
necessary and relevant to such audit or
oversight function.
I. To the National Archives and
Records Administration (NARA) for
purposes of records management and
mail processing inspections conducted
under the authority of 44 U.S.C. 2904
and 2906.
J. To NARA, Office of Government
Information Services (OGIS), to the
extent necessary to fulfil its
responsibilities in 5 U.S.C. 552(h), to
review administrative agency policies,
VerDate Sep<11>2014
18:22 Nov 08, 2023
Jkt 262001
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.
K. To appropriate officials and
employees of a federal agency or entity
when the information is relevant to a
decision concerning the hiring,
appointment, or retention of an
employee; the assignment, detail, or
deployment of an employee; the
issuance, renewal, suspension, or
revocation of a security clearance; the
execution of a security or suitability
investigation; the letting of a contract; or
the issuance of a grant or benefit.
L. 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.
M. 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.
N. 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.
O. To contractors and their agents,
grantees, experts, consultants, students,
and others performing or working on a
PO 00000
Frm 00111
Fmt 4703
Sfmt 4703
77367
contract, service, grant, cooperative
agreement, or other assignment for
OMB, when necessary to accomplish an
agency function related to this system of
records. Individuals provided
information under this routine use are
subject to the same requirements and
limitations on disclosure as are
applicable to OMB officers and
employees.
P. To such recipients and under such
circumstances and procedures as are
mandated by Federal statute or treaty.
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 may be retrieved by full-text
search or by individuals’ FOIA/PA case
number, name, title, or organization.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
These records will be retired and
destroyed in accordance with published
records schedules of the Office of
Management and Budget and the
General Records Schedules as approved
by NARA.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
All electronic records are maintained
in secure systems which require multifactor authentication and that use
security hardware and software to
include multiple firewalls, 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 Privacy Officer, by mail
to Office of Management and Budget,
725 17th Street NW, Room 9268,
Washington, DC 20503, or by email to
OMBPA@omb.eop.gov, and should be
made in accordance with OMB’s Privacy
Act Procedures which can be found at
5 CFR 1302.
E:\FR\FM\09NON1.SGM
09NON1
77368
Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices
CONTESTING RECORD PROCEDURES:
Individuals’ requests for amendment
of a record in this system of records may
be sent to OMB’s Privacy Officer, by
mail to Office of Management and
Budget, 725 17th Street NW, Room
9268, Washington, DC 20503, or by
email to OMBPA@omb.eop.gov, and
should be made in accordance with
OMB’s Privacy Act Procedures, which
can be found at 5 CFR 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 Privacy Officer,
by mail to Office of Management and
Budget, 725 17th Street NW, Room
9268, Washington, DC 20503, or by
email to OMBPA@omb.eop.gov, and
should be made in accordance with
OMB’s Privacy Act Procedures, which
can be found at 5 CFR 1302.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
During the course of a FOIA or a PA
action, exempt materials from other
systems of records may in turn become
part of the case records in this system.
To the extent that copies of exempt
records from those other systems of
records are maintained in the OMB
FOIA/PA Requests System, OMB hereby
claims the same exemptions for the
records from those other systems that
are entered into this system, as claimed
for the original primary systems of
records of which they are a part.
HISTORY:
None.
Shraddha A. Upadhyaya,
Senior Agency Official for Privacy, Office of
Management and Budget.
[FR Doc. 2023–24692 Filed 11–8–23; 8:45 am]
BILLING CODE 3110–01–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Notice: (23–114)]
NASA Advisory Council; Technology,
Innovation and Engineering
Committee; Meeting
National Aeronautics and
Space Administration.
ACTION: Notice of meeting.
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
In accordance with the
Federal Advisory Committee Act, the
National Aeronautics and Space
Administration (NASA) announces a
meeting of the Technology, Innovation,
and Engineering Committee of the
NASA Advisory Council (NAC). This
Committee reports to the NAC.
SUMMARY:
VerDate Sep<11>2014
18:22 Nov 08, 2023
Jkt 262001
DATES:
Thursday, November 30, 2023,
8:30 a.m.–5:00 p.m., Eastern Time.
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
Meeting will be virtual. See
dial-in and Webex information below
under SUPPLEMENTARY INFORMATION.
[Notice: (23–115)]
ADDRESSES:
Mr.
Mike Green, Designated Federal Officer,
Space Technology Mission Directorate,
NASA Headquarters, Washington, DC
20546, via email at g.m.green@nasa.gov
or (202) 358–4710.
FOR FURTHER INFORMATION CONTACT:
This
meeting will only be available by Webex
or telephonically for members of the
public. If dialing in via toll number, you
must use a touch-tone phone to
participate in this meeting. Any
interested person may join via Webex at
https://nasaenterprise.webex.com, the
meeting number is 2764 038 3536, and
the password is n@cTIE113023. The toll
number to listen by phone is +1–415–
527–5035. To avoid using the toll
number, after joining the Webex
meeting, select the audio connection
option that says, ‘‘Call Me’’ and enter
your phone number. If using the
desktop or web app, check the ‘‘Connect
to audio without pressing 1 on my
phone’’ box to connect directly to the
meeting.
SUPPLEMENTARY INFORMATION:
Note: If dialing in, please mute your
telephone.
The agenda for the meeting includes
the following topics:
—Welcome to NASA Langley Research
Center
—Space Technology Mission Directorate
(STMD) Update
—Low Earth Orbit Flight Test of an
Inflatable Decelerator (LOFTID)
Results Discussion and Hypersonic
Inflatable Aerodynamic Decelerator
(HIAD) Technology Demonstration
—2020 Space Technology Research
Institute Update: Advanced
Computational Center for Entry
System Simulation (ACCESS)
—Office of the Chief Engineer Update
—NASA Nuclear Propulsion Update
—Early Career Initiative Presentations
from NASA Langley Research Center
It is imperative that this meeting be held
on this day to accommodate the
scheduling priorities of the key
participants.
Patricia Rausch,
Advisory Committee Management Officer,
National Aeronautics and Space
Administration.
[FR Doc. 2023–24813 Filed 11–8–23; 8:45 am]
BILLING CODE P
PO 00000
Frm 00112
Fmt 4703
Sfmt 4703
National Space-Based Positioning,
Navigation and Timing Advisory
Board; Meeting
National Aeronautics and
Space Administration.
ACTION: Notice of meeting.
AGENCY:
In accordance with the
Federal Advisory Committee Act, the
National Aeronautics and Space
Administration (NASA) announces a
meeting of the National Space-Based
Positioning, Navigation and Timing
(PNT) Advisory Board. This will be the
29th meeting of the PNT Advisory
Board.
DATES: Wednesday, December 6, 2023,
from 9:00 a.m.–6:00 p.m., Central Time;
and Thursday, December 7, 2023, from
9:00 a.m.–12:00 p.m., Central Time.
ADDRESSES: South Shore Harbour Resort
and Conference Center; 2500 South
Shore Blvd., League City, TX 77573.
FOR FURTHER INFORMATION CONTACT: Mr.
James Joseph Miller, Designated Federal
Officer, PNT Advisory Board, Space
Operations Mission Directorate, NASA
Headquarters, Washington, DC 20546,
(202) 262–0929 or jj.miller@nasa.gov.
SUPPLEMENTARY INFORMATION: This
meeting will be open to the public up
to the capacity of the meeting room. Inperson attendees will be requested to
sign a register prior to entrance to the
proceedings. Webcast details to watch
the meeting remotely will be available
on the PNT Advisory Board website at:
www.gps.gov/governance/advisory/.
The agenda for the meeting will
include the following:
• Updates from PNT Advisory Board
Subcommittees:
Æ Communications and External
Relations (CER) Subcommittee
Æ Education and Science Innovation
(ESI) Subcommittee
Æ Emerging Capabilities, Applications
and Sectors (ECAS) Subcommittee
Æ International Engagement (IE)
Subcommittee
Æ Protect, Toughen and Augment (PTA)
Subcommittee
Æ Strategy, Policy and Governance
(SPG) Subcommittee
• PNT Expert Briefings
• Review and Approval of any PNT
Advisory Board White Papers
• Deliberations on any Proposed
Findings and Recommendations
• Other PNT Advisory Board Business
and Upcoming Work Plan Schedule
For further information, visit the PNT
Advisory Board website at: https://
www.gps.gov/governance/advisory/.
SUMMARY:
E:\FR\FM\09NON1.SGM
09NON1
Agencies
[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Notices]
[Pages 77365-77368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24692]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Privacy Act of 1974 and Office of Management
and Budget Circular No. A-108, Federal Agency Responsibilities for
Review, Reporting, and Publication under the Privacy Act, notice is
hereby given that the Office of Management and Budget (OMB) is
establishing the following new system of records: ``OMB Freedom of
Information Act and Privacy Act Requests System of Records, OMB/FOIAPA/
01.'' This system covers all information pertaining to Freedom of
Information (FOIA) or Privacy Act requests and information relating to
other agencies' FOIA or Privacy Act requests received through the
National FOIA Portal (www.foia.gov), email, hardcopy communications,
and other authorized means, including OMB's FOIA and Privacy Act
tracking, management, reporting, and e-Discovery software and tools.
This system also covers information pertaining to any administrative
appeals or litigation relating to FOIA or Privacy Act requests to OMB
or to another agency.
DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this system of
records notice (SORN) is effective upon its publication in today's
Federal Register, with the exception of the routine uses, which are
subject to a 30-day comment period, and will be effective December 11,
2023. Please submit any comments on or before December 11, 2023.
ADDRESSES: You may submit comments by:
Email: [email protected].
Instructions: All submissions must contain the subject heading
``OMB FOIA/PA Requests System.''
Privacy Act Statement: Submission of comments is voluntary. The
information will be used to inform sound decision making. Please note
that all comments received in response to this notice may be posted or
released in their entirety, including any personal and business
confidential information provided. Do not include any information you
would not like to be made publicly available. Additionally, the OMB
System of Records Notice, OMB Public Input System of Records, OMB/
INPUT/01 includes a list of routine uses associated with the collection
of this information.
FOR FURTHER INFORMATION CONTACT: For general questions and privacy
issues, please contact Shraddha A. Upadhyaya by email at
[email protected] or by phone at (202) 395-9225. You must include ``OMB
FOIA/PA Requests System'' in the subject line.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552, and the
Office of Management and Budget (OMB), Circular No. A-108, OMB proposes
to create a new system of records for OMB titled, ``OMB Freedom of
Information Act and Privacy Act Requests System of Records, OMB/FOIAPA/
01'' (OMB FOIA/PA Requests System).''
The OMB FOIA/PA Requests System covers all information related to
Freedom of Information Act (FOIA) or
[[Page 77366]]
Privacy Act requests and information relating to other agencies' FOIA
or Privacy Act requests received through the National FOIA Portal
(www.foia.gov), email, hardcopy communications, and other authorized
means. This system also covers information pertaining to any
administrative appeals or litigation relating to FOIA or Privacy Act
requests to OMB or to another agency.
II. Privacy Act
The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which Federal Government
agencies collect, maintain, use, and disseminate individuals' records.
The Privacy Act applies to information that is maintained in a ``system
of records.'' A ``system of records'' is a group of any records under
the control of an agency from which information is retrieved by the
name of an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. In the Privacy Act,
an individual is defined to encompass U.S. citizens and lawful
permanent residents. Additionally, the Judicial Redress Act of 2015
(JRA), 5 U.S.C. 552a note, provides citizens of designated foreign
countries with certain rights of redress for intentional or willful
disclosures of covered records, as defined by the JRA, except as
otherwise permitted by the Privacy Act.
Under the Privacy Act, 5 U.S.C. 552a, OMB receives requests from
individuals for access to their own records or information pertaining
to them, as well as requests from individuals to amend records
pertaining to them, requests from individuals for notification if a
record pertains to them, or requests from individuals for an accounting
of disclosures of records pertaining to them. OMB's Privacy Act
Procedures can be found at 5 CFR 1302.
III. Freedom of Information Act
The FOIA provides a right of access to certain records and
information Federal agencies maintain and control. Any agency, upon any
request for records which (i) reasonably describes such records and
(ii) is made in accordance with published rules stating the time,
place, fees (if any), and procedures to be followed, shall make the
records promptly available to any person. The FOIA does not apply to
information that satisfies one of nine exemptions under 5 U.S.C.
552(b), unless disclosure is warranted under the foreseeable harm
standard. Additionally, any reasonably segregable portion of a record
shall be provided after deletion of the portions which are exempt under
5 U.S.C. 552(b).
Under the FOIA, 5 U.S.C. 552, OMB receives requests for records
from ``any person'' within the meaning of the statute. OMB makes
available records in accordance with OMB's FOIA Procedures which can be
found at 5 CFR 1303.
IV. Other Agencies
OMB also engages in inter-agency consultations of these requests
when necessary to comply with OMB's legal obligations under FOIA and
the Privacy Act. Inter-agency consultations include requests for
consultation between OMB and other agencies and entities, which include
requests for consultation from other agencies to OMB and from OMB to
other agencies and entities.
In accordance with 5 U.S.C. 552a(r), OMB has provided a report of
this system of records to OMB and to Congress.
Below is the description of the OMB FOIA/PA Requests System.
SYSTEM NAME AND NUMBER:
OMB Freedom of Information Act and Privacy Act Requests System of
Records, OMB/FOIAPA/01.
SECURITY CLASSIFICATION:
The system may contain classified information, but only to the
extent the FOIA or Privacy Act request requires review of classified
information. Any classified information will be maintained on systems
rated to store such information, in accordance with E.O. 12958, 60 FR
19825 (Apr. 20, 1995) and applicable executive order(s) governing
classified information, 32 CFR 2001, and 5 CFR 1312.
SYSTEM LOCATION:
Records are maintained at OMB, 725 17th Street NW, Washington, DC
20503.
SYSTEM MANAGER(S):
OMB FOIA Officer, 725 17th Street NW, Washington, DC;
[email protected].
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Freedom of Information Act, 5 U.S.C. 552; Privacy Act, 5 U.S.C.
552a; 44 U.S.C. 3101; 5 U.S.C. 301; and E.O. 12598 and applicable
executive order(s) governing classified information.
PURPOSE(S) OF THE SYSTEM:
OMB receives requests pursuant to FOIA and the Privacy Act,
including inter-agency consultations. OMB also adjudicates
administrative appeals and handles litigation relating to these
requests. The purpose of this system of records is:
--To fulfill obligations under the FOIA, and related policy and
guidance, and to assist other agencies in doing the same.
--To fulfill obligations under the Privacy Act, and related policy
and guidance, and to assist other agencies in doing the same.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system includes all individuals who submit FOIA or Privacy Act
requests and administrative appeals to OMB; individuals whose requests
for records have been referred to OMB by other agencies or entities;
attorneys or other persons representing individuals submitting such
requests and appeals; individuals who are the subject of such requests
and appeals or whose information may appear in records required for
processing requests and appeals; and individuals who file litigation
based on their requests.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system includes records created, compiled, or received in
response to FOIA and Privacy Act requests and administrative appeals
and includes: The original requests and administrative appeals;
responses to such requests and administrative appeals; all related
memoranda, correspondence, notes, and other related or supporting
documentation; and, in some instances, copies of requested records and
records under administrative appeal.
RECORD SOURCE CATEGORIES:
OMB receives records from members of the public, including
representatives of Federal, State, or local governments, non-government
organizations, and the private sector, as well as from other federal
agencies and entities.
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), all or a portion of the 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 a federal, state, local, tribal, or foreign agency or entity
for the purpose of consulting with that agency or entity to enable OMB
to make a determination as to the propriety of access to, accounting
of, or amendment of information, or for the purpose of verifying the
identity of an individual or the accuracy of information submitted by
an individual who has requested access to, accounting of, or amendment
of information.
[[Page 77367]]
B. To any agency or entity that furnished the record or information
for the purpose of permitting that agency or entity to make a decision
as to access to or amendment of the record or information, or to a
federal agency or entity for purposes of providing guidance or advice
regarding the handling of particular requests.
C. To a submitter or subject of a record or information in order to
obtain assistance to OMB in making a determination as to access,
amendment, or accounting.
D. To appropriate agencies and entities, for the purpose of
resolving an inquiry regarding compliance with the Freedom of
Information Act.
E. To the Department of Justice (DOJ) when any of the following is
a party to litigation before any court, adjudicative, or administrative
body 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 or former employee of OMB in the employee's
official capacity;
(3) any employee or former of 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.
F. 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 when the
adjudicator determines the records to be relevant to the proceeding.
G. 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.
H. To any agency or organization for the purpose of performing
audit or oversight operations as authorized by law, but only such
information as is necessary and relevant to such audit or oversight
function.
I. To the National Archives and Records Administration (NARA) for
purposes of records management and mail processing inspections
conducted under the authority of 44 U.S.C. 2904 and 2906.
J. To NARA, Office of Government Information Services (OGIS), to
the extent necessary to fulfil 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.
K. To appropriate officials and employees of a federal agency or
entity when the information is relevant to a decision concerning the
hiring, appointment, or retention of an employee; the assignment,
detail, or deployment of an employee; the issuance, renewal,
suspension, or revocation of a security clearance; the execution of a
security or suitability investigation; the letting of a contract; or
the issuance of a grant or benefit.
L. 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.
M. 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.
N. 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.
O. To contractors and their agents, 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. Individuals provided information under this routine use are
subject to the same requirements and limitations on disclosure as are
applicable to OMB officers and employees.
P. To such recipients and under such circumstances and procedures
as are mandated by Federal statute or treaty.
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 may be retrieved by full-text search or by individuals'
FOIA/PA case number, name, title, or organization.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
These records will be retired and destroyed in accordance with
published records schedules of the Office of Management and Budget and
the General Records Schedules as approved by NARA.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
All electronic records are maintained in secure systems which
require multi-factor authentication and that use security hardware and
software to include multiple firewalls, 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 Privacy Officer, by mail to Office of
Management and Budget, 725 17th Street NW, Room 9268, 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 1302.
[[Page 77368]]
CONTESTING RECORD PROCEDURES:
Individuals' requests for amendment of a record in this system of
records may be sent to OMB's Privacy Officer, by mail to Office of
Management and Budget, 725 17th Street NW, Room 9268, 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 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
Privacy Officer, by mail to Office of Management and Budget, 725 17th
Street NW, Room 9268, 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 1302.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
During the course of a FOIA or a PA action, exempt materials from
other systems of records may in turn become part of the case records in
this system. To the extent that copies of exempt records from those
other systems of records are maintained in the OMB FOIA/PA Requests
System, OMB hereby claims the same exemptions for the records from
those other systems that are entered into this system, as claimed for
the original primary systems of records of which they are a part.
HISTORY:
None.
Shraddha A. Upadhyaya,
Senior Agency Official for Privacy, Office of Management and Budget.
[FR Doc. 2023-24692 Filed 11-8-23; 8:45 am]
BILLING CODE 3110-01-P