Notice2023-24692
Privacy Act of 1974; System of Records
Primary source
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Published
November 9, 2023
Issuing agencies
Management and Budget Office
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 216 (Thursday, November 9, 2023)</title>
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[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Notices]
[Pages 77365-77368]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24692]
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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.
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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 (<a href="http://www.foia.gov">www.foia.gov</a>), 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: <a href="/cdn-cgi/l/email-protection#bae9f5e8f4fad5d7d894dfd5ca94ddd5cc"><span class="__cf_email__" data-cfemail="c99a869b8789a6a4abe7aca6b9e7aea6bf">[email protected]</span></a>.
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
<a href="/cdn-cgi/l/email-protection#c0938f928e80afada2eea5afb0eea7afb6"><span class="__cf_email__" data-cfemail="2b786479656b444649054e445b054c445d">[email protected]</span></a> 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
(<a href="http://www.foia.gov">www.foia.gov</a>), 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;
<a href="/cdn-cgi/l/email-protection#81ceccc3c7cec8c0c1eeece3afe4eef1afe6eef7"><span class="__cf_email__" data-cfemail="94dbd9d6d2dbddd5d4fbf9f6baf1fbe4baf3fbe2">[email protected]</span></a>.
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 <a href="/cdn-cgi/l/email-protection#105f5d524051507f7d723e757f603e777f66"><span class="__cf_email__" data-cfemail="541b19160415143b39367a313b247a333b22">[email protected]</span></a>, 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 <a href="/cdn-cgi/l/email-protection#e7a8aaa5b7a6a7888a85c9828897c9808891"><span class="__cf_email__" data-cfemail="83cccec1d3c2c3eceee1ade6ecf3ade4ecf5">[email protected]</span></a>, 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
<a href="/cdn-cgi/l/email-protection#1c53515e4c5d5c73717e3279736c327b736a"><span class="__cf_email__" data-cfemail="2b6466697b6a6b444649054e445b054c445d">[email protected]</span></a>, 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
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