ML20022A234
| ML20022A234 | |
| Person / Time | |
|---|---|
| Issue date: | 12/27/2019 |
| From: | NRC/OCIO |
| To: | |
| Sally Hardy | |
| References | |
| Download: ML20022A234 (5) | |
Text
SYSTEM NAME AND NUMBER:
Freedom of Information Act (FOIA) and Privacy Act (PA) Request RecordsNRC 10.
SECURITY CLASSIFICATION:
Classified and Unclassified SYSTEM LOCATION:
Primary systemFOIA, Privacy, Info Collections Branch, Customer Service Division, Office of the Chief Information Officer, NRC, Two White Flint North, 11545 Rockville Pike, Rockville, Maryland.
Duplicate systemDuplicate systems may exist, in part, at the locations listed in Addendum I, Parts 1 and 2.
SYSTEM MANAGER(S):
FOIA Officer, Information Services Branch, Governance & Enterprise Management Services Division, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 552 and 552a; 42 U.S.C. 2201, as amended; 10 CFR part 9.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to support the processing of record access requests and administrative appeals under the FOIA, as well as access, notification, and amendment requests and administrative appeals under the Privacy Act, whether NRC receives such requests directly from the requester or via referral from another agency. In addition, this system is used to support agency participation in litigation arising from such requests and appeals, and to assist NRC in carrying out any other responsibilities under the FOIA or the access or amendment provisions of the Privacy Act.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals filing requests for access to information under the Freedom of Information Act
(FOIA) or Privacy Act (PA); individuals names in the FOIA request; NRC staff assigned to help process, consider, and respond to such requests, including any appeals.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system contains copies of the written requests from individuals or organizations made under the FOIA or PA, the NRC response letters, and related records.
RECORD SOURCE CATEGORIES:
Requests are made by individuals. The response to the request is based upon information contained in NRC records.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:
In addition to the disclosures permitted under subsection (b) of the Privacy Act, the NRC may disclose information contained in this system of records without the consent of the subject individual if the disclosure is compatible with the purpose for which the record was collected under the following routine uses:
- a. If an appeal or court suit is filed with respect to any records denied;
- b. For preparation of reports required by 5 U.S.C. 552 and 5 U.S.C. 552a;
- c. To another Federal agency when consultation or referral is required to process a request;
- d. A record from this system of records which indicates a violation of civil or criminal law, regulation or order may be referred as a routine use to a Federal, State, local or foreign agency that has authority to investigate, enforce, implement or prosecute such laws. Further, a record from this system of records may be disclosed for civil or criminal law or regulatory enforcement purposes to another agency in response to a written request from that agencys head or an official who has been delegated such authority;
- e. A record from this system of records may be disclosed as a routine use to a Federal, State, local, or foreign agency to obtain information relevant to an NRC decision concerning
hiring or retaining an employee, letting a contract, or issuing a security clearance, license, grant or other benefit;
- f. A record from this system of records may be disclosed as a routine use to a Federal, State, local, or foreign agency requesting a record that is relevant and necessary to its decision on a matter of hiring or retaining an employee, issuing a security clearance, reporting an investigation of an employee, letting a contract, or issuing a license, grant, or other benefit;
- g. A record from this system of records may be disclosed as a routine use in the course of discovery; in presenting evidence to a court, magistrate, administrative tribunal, or grand jury or pursuant to a qualifying order from any of those; in alternative dispute resolution proceedings, such as arbitration or mediation; or in the course of settlement negotiations;
- h. A record from this system of records may be disclosed as a routine use to a Congressional office from the record of an individual in response to an inquiry from the Congressional office made at the request of that individual;
- i. A record from this system of records may be disclosed as a routine use to NRC-paid experts or consultants, and those under contract with the NRC on a "need-to-know" basis for a purpose within the scope of the pertinent NRC task. This access will be granted to an NRC contractor or employee of such contractor by a system manager only after satisfactory justification has been provided to the system manager;
- j. A record from this system of records may be disclosed as a routine use to appropriate agencies, entities, and persons when (1) NRC suspects or has confirmed that there has been a breach of the system of records, (2) NRC has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, NRC (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 NRC efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm;
- k. A record from this system of records may be disclosed as a routine use to respond to the National Archives and Records Administration, Office of Government Information Services (OGIS), to the extent necessary to allow OGIS to fulfill its responsibilities under 5 U.S.C § 552(h), to review administrative agency policies, procedures and compliance with the Freedom of Information Act (FOIA) and offer mediation services to resolve disputes between persons making FOIA requests and administrative agencies; and
- l. A record from this system of records may be disclosed as a routine use to another Federal agency or Federal entity, when the NRC 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.
- m. FOIA records, which are publicly available in the Public Documents Room, are accessible through the NRC Web site, http://www.nrc.gov.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained on paper, audio and video tapes, and electronic media.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are accessed by unique assigned number for each request and by requesters name.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained under the National Archives and Records Administrations, General Records Schedule 4.2: Information Access and Protection Records, Item 020, Access and disclosure request files. Destroy 6 years after final agency action or 3 years after final adjudication by the courts, whichever is later, but longer retention is authorized if required for business use.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Records are maintained in locked file cabinets that are kept in locked rooms. Electronic records are password protected. Access to and use of these records is limited to those persons whose official duties require such access.
RECORD ACCESS PROCEDURES:
Same as Notification procedures.
CONTESTING RECORD PROCEDURES:
Same as Notification procedures.
NOTIFICATION PROCEDURES:
Individuals seeking to determine whether this system of records contains information about them should write to the Freedom of Information Act or Privacy Act Officer, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and comply with the procedures contained in NRCs Privacy Act regulations, 10 CFR part 9.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Records contained in this system that have been placed on the NRC public website are available upon request. Pursuant to 5 U.S.C. 552a(k)(2), records in this system, which reflect records that are contained in other systems of records that are designated as exempt, are exempt from the requirements of subsections (c)(3), (d), (e)(1), (e)(4)(G), (H), (I), and (f) of 5 U.S.C. 552a.