62374 Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Notices 

than 20 days after Respondents 

consummate ICE’s acquisition of Black 

Knight. The Order to Maintain Assets 

requires Respondents to maintain the 

viability of the divestiture assets until 

the divestitures are complete. 

The D&O contains additional 

provisions designed to ensure the 

effectiveness of this relief. For example, 

the D&O requires Respondents to 

provide Constellation with transition 

assistance as it integrates the acquired 

assets to enable Constellation to operate 

the divested businesses similarly to how 

they were operated by Black Knight. 

The D&O also requires Respondents to 

obtain all third-party and governmental 

consents necessary to effectuate the 

divestitures. 

To help Constellation succeed in 

operating the divested assets, the D&O 

further requires Respondents for one 

year to facilitate Constellation’s hiring 

of certain employees of the Black Knight 

divisions responsible for the Empower 

LOS and Optimal Blue, to the extent 

they were not already included in the 

divestitures. The D&O similarly 

prohibits Respondents from soliciting 

Constellation employees who came from 

Black Knight to work in the divested 

businesses for two years. It also 

prohibits Respondents from enforcing 

any noncompete or non-solicit 

provision or agreement against any 

employee who seeks or obtains a 

position in the divested businesses 

during the term of the D&O. 

The D&O protects the confidential 

information of the divested Black 

Knight divisions as well as confidential 

information that Respondents may learn 

from Constellation in the course of 

providing transition services. These 

safeguards include limiting the 

purposes for which Respondents may 

use such confidential information and 

the employees to whom the information 

may be disclosed. The D&O facilitates 

the execution of NDAs by Black Knight 

employees who possess confidential 

information and who will remain with 

Respondents post-divestiture, and it 

prevents Respondents from allowing 

any such employees who decline to sign 

an NDA from working on an ICE LOS 

or PPE. 

Black Knight and Constellation have 

agreed that Black Knight will finance a 

portion of Constellation’s purchase 

price of Optimal Blue via a promissory 

note. In order to ensure that 

Respondents do not have a continuing 

entanglement with Constellation based 

on the promissory note, the D&O 

provides that the Commission will 

appoint a seller note trustee no later 

than one day after the divestiture closes. 

Not later than ten days after the 

Commission appoints the trustee, 

Respondents must transfer their rights, 

title, and interest in the promissory note 

to the trustee. The trustee will sell the 

note to a third party within six months 

of the divestiture. 

The D&O requires Respondents to 

obtain prior approval from the 

Commission before reacquiring any 

divested assets or acquiring an interest 

in any business that owns or sells an 

LOS for ten years. The D&O also 

requires Respondents to provide the 

Commission with prior notice before 

acquiring an interest in any business 

that owns or sells a PPE for ten years. 

The D&O requires Constellation to 

obtain prior approval from the 

Commission before selling any of the 

divested assets for three years after the 

divestitures and for another seven years 

if the acquiring firm operates an LOS or 

PPE. Finally, the D&O provides for the 

appointment of an independent monitor 

to oversee compliance with the D&O’s 

requirements. 

The purpose of this analysis is to 

facilitate public comment on the 

Consent Agreement, and the 

Commission does not intend this 

analysis to constitute an official 

interpretation of the Consent Agreement 

or the D&O or modify their terms in any 

way. 

By direction of the Commission. 

April J. Tabor, 

Secretary. 

[FR Doc. 2023–19534 Filed 9–8–23; 8:45 am] 

BILLING CODE 6750–01–P 

GENERAL SERVICES 

ADMINISTRATION 

[Notice–ID–2023–04; Docket No.2023–0002; 

Sequence No. 24] 

Privacy Act of 1974; Notice of a New 

System of Records 

AGENCY: Office of the Chief Privacy 

Officer, General Services 

Administration (GSA). 

ACTION: Notice. 

SUMMARY: GSA seeks to establish a new 

system of records for the Federal Service 

Desk (FSD) Program. The purpose of the 

system of records is to collect contact 

information, including usernames, 

email addresses and phone numbers, to 

support users of Integrated Award 

Environment (IAE) applications. 

DATES: This system of records will go 

into effect without further notice on 

October 11, 2023 unless otherwise 

revised pursuant to comments received. 

ADDRESSES: You may submit comments 

via email to the GSA Privacy Act 

Officer: gsa.privacyact@gsa.gov, or mail 

to the Privacy Office (IDE), GSA, 1800 

F Street NW, Washington, DC 20405. 

FOR FURTHER INFORMATION CONTACT: 

Richard Speidel, Chief Privacy Officer, 

GSA, by email at gsa.privacyact@gsa.gov 

or by phone at 202–969–5830. 

SUPPLEMENTARY INFORMATION: 

SYSTEM NAME AND NUMBER: 

GSA/FSD–1. 

SECURITY CLASSIFICATION: 

Unclassified. 

SYSTEM LOCATION: 

GSA Federal Acquisition Service 

(FAS) is the owner and is responsible 

for the system. The system is hosted, 

operated, and maintained by 

contractors. Records are maintained in 

an electronic form on a Software as a 

Service (SaaS) platform, within the 

United States. Contact the system 

manager for additional information. 

SYSTEM MANAGER(S): 

Salomeh Ghorbani, Acting Director 

Outreach and Stakeholder Engagement 

for the IAE Program Management Office, 

GSA, FAS, 1800 F Street Washington, 

DC 20405. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Federal Acquisition Regulation (FAR) 

Subparts 4.11 and 52.204, 2 CFR, 

Subtitle A, Chapter I, and Part 25, and 

40 U.S.C. 121(c). 

PURPOSE(S) OF THE SYSTEM: 

The primary purpose of the FSD is to 

provide services to support users of 

current and future IAE applications. 

This support assists users in all 

Department of Defense and Civilian 

Departments and Agencies in the 

Federal Government, as well as all other 

users of the IAE. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Any entity to bid on and get paid for 

federal contracts or to receive federal 

funds. These include for-profit 

businesses, nonprofits, government 

contractors, government subcontractors, 

state governments, and local 

municipalities. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

The system collects necessary 

information from individuals and 

entities seeking to do business with the 

U.S. Government. The data elements 

collected include full name, email 

address, and phone number. 

RECORD SOURCE CATEGORIES: 

Information is obtained from 

individuals and entities seeking to do 

business with the U.S. Government. 


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Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Notices 62375 

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 5 U.S.C. 

552a(b) of the Privacy Act, all or a 

portion of the records or information 

contained in this system may be 

disclosed to authorized entities, as is 

determined to be relevant and 

necessary, outside GSA as a routine use 

pursuant to 5 U.S.C. 552a(b)(3) as 

follows: 

a. By contracting officers and other 

Federal, state, local or tribal government 

employees involved in procuring goods 

and services with federal funds or 

administering Federal financial 

assistance programs or benefits to 

determine a party’s eligibility status to 

participate in Federal procurement and 

non-procurement programs. 

b. To an appropriate federal, state, 

tribal, local, international, or foreign law 

enforcement agency or other appropriate 

authority charged with investigating or 

prosecuting a violation or enforcing or 

implementing a law, rule, regulation, or 

order, where a record, either on its face 

or in conjunction with other 

information, indicates a violation or 

potential violation of law, which 

includes criminal, civil, or regulatory 

violations. 

c. To the Department of Justice (DOJ) 

or other federal agency conducting 

litigation or in proceedings before any 

court, adjudicative or administrative 

body, when: (a) GSA or any component 

thereof, or (b) any employee of GSA in 

his/her official capacity, or (c) any 

employee of GSA in his/her individual 

capacity where DOJ or GSA has agreed 

to represent the employee, or (d) the 

United States or any agency thereof, is 

a party to the litigation or has an interest 

in such litigation, and GSA determines 

that the records are both relevant and 

necessary to the litigation. 

d. To a court in connection with any 

litigation or settlement discussions 

regarding claims by or against GSA, to 

the extent that GSA determines the 

disclosure of the information is relevant 

and necessary to the litigation or 

discussions. 

e. To an appeal, grievance, hearing, or 

complaints examiner; an equal 

employment opportunity investigator, 

arbitrator, or mediator; and an exclusive 

representative or other person 

authorized to investigate or settle a 

grievance, complaint, or appeal filed by 

an individual who is the subject of the 

record. 

f. To the National Archives and 

Records Administration (NARA) for 

records management purposes. 

g. To the Office of Personnel 

Management (OPM), the Office of 

Management and Budget (OMB), and 

the Government Accountability Office 

(GAO) in accordance with their 

responsibilities for evaluating federal 

programs. 

h. To a Member of Congress or his or 

her staff on behalf of and at the request 

of the individual who is the subject of 

the record. 

i. To another federal agency or federal 

entity, when GSA 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. 

j. To appropriate agencies, entities, 

and persons when (1) GSA suspects or 

has confirmed that the security or 

confidentiality of information in the 

system of records has been 

compromised; (2) GSA has determined 

that as a result of the suspected or 

confirmed compromise there is a risk of 

harm to economic or property interests, 

identity theft or fraud, or harm to the 

security or integrity of this system or 

other systems or programs (whether 

maintained by GSA or another agency or 

entity) that rely upon the compromised 

information; and (3) the disclosure 

made to such agencies, entities, and 

persons is reasonably necessary to assist 

in connection with GSA’s efforts to 

respond to the suspected or confirmed 

compromise and prevent, minimize, or 

remedy such harm. 

k. To agencies, to compare such 

records to other agencies’ systems of 

records or to non-Federal records, in 

coordination with an Office of Inspector 

General (OIG) in conducting an audit, 

investigation, inspection, evaluation, or 

some other review as authorized by the 

Inspector General Act. 

POLICIES AND PRACTICES FOR STORAGE OF

RECORDS: 

All records are stored in a secure data 

center. PII is encrypted in transit, 

encrypted at rest, and not viewable by 

other users. 

POLICIES AND PRACTICES FOR RETRIEVAL OF

RECORDS: 

FSD manages system and data access 

through role-based access controls. GSA 

requires all FSD personnel supporting 

the system to undergo background 

investigations and signing of Rules of 

Behavior. Non-FSD personnel (i.e., 

customer users) are required to 

authenticate through Login.gov when 

accessing FSD for ticket status or 

creation and are limited by system 

restrictions to only viewing and adding 

comments to their own tickets. 

POLICIES AND PRACTICES FOR RETENTION AND

DISPOSAL OF RECORDS: 

System records are retained and 

disposed in accordance with GSA 

records maintenance and disposition 

schedules and 1820.2 CIO GSA Records 

Management Program, the requirements 

of the Recovery Board, and the National 

Archives and Records Administration 

(NARA). 

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL

SAFEGUARDS: 

System records are safeguarded in 

accordance with the requirements of the 

Privacy Act, the Computer Security Act, 

and the FSD Security Plan. System roles 

are assigned with specific permissions 

to allow or prevent accessing certain 

information. Technical, administrative, 

and personnel security measures are 

implemented to ensure confidentiality 

and integrity of the system data that is 

stored, processed, and transmitted, 

including password protection and 

other appropriate security measures. 

RECORD ACCESS PROCEDURES: 

Requests for access to records should 

be directed to the system manager. 

Individuals seeking access to their 

records in this system of records may 

submit a request by following the 

instructions provided in 41 CFR part 

105–64.2. 

CONTESTING RECORD PROCEDURES: 

Individuals wishing to contest the 

content of records about themselves 

contained in this system of records 

should contact the system manager at 

the address above. See 41 CFR part 105– 

64.4 for full details on what to include 

in a Privacy Act amendment request. 

NOTIFICATION PROCEDURES: 

Individuals seeking notification of 

any records about themselves contained 

in this system of records should contact 

the system manager at the address 

above. Follow the procedures on 

accessing records in 41 CFR part 105– 

64.2 to request such notification. 

EXEMPTIONS PROMULGATED FOR THE SYSTEM: 

None. 


ddrumheller on DSK120RN23PROD with NOTICES1
62376 Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Notices 

HISTORY: 

N/A. 

Richard Speidel, 

Chief Privacy Officer, Office of the Deputy 

Chief Information Officer, General Services 

Administration. 

[FR Doc. 2023–19454 Filed 9–8–23; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare and Medicaid 

Services 

Privacy Act of 1974; Matching Program 

AGENCY: Centers for Medicare & 

Medicaid Services, Department of 

Health and Human Services. 

ACTION: Notice of a new matching 

program. 

SUMMARY: In accordance with the 

Privacy Act of 1974, as amended, the 

Department of Health and Human 

Services (HHS), Centers for Medicare & 

Medicaid Services (CMS) is providing 

notice of the re-establishment of a 

matching program between CMS and 

the Department of Veterans Affairs (VA), 

Veterans Health Administration (VHA), 

‘‘Verification of Eligibility for Minimum 

Essential Coverage Under the Patient 

Protection and Affordable Care Act 

Through a Veterans Health 

Administration Plan.’’ 

DATES: The deadline for comments on 

this notice is October 11, 2023. The reestablished matching program will 

commence not sooner than 30 days after 

publication of this notice, provided no 

comments are received that warrant a 

change to this notice. The matching 

program will be conducted for an initial 

term of 18 months (from approximately 

November 2, 2023 to May 1, 2025) and 

within 3 months of expiration may be 

renewed for one additional year if the 

parties make no change to the matching 

program and certify that the program 

has been conducted in compliance with 

the matching agreement. 

ADDRESSES: Interested parties may 

submit written comments on the new 

matching program to the CMS Privacy 

Act Officer by mail at: Division of 

Security, Privacy Policy & Governance, 

Information Security & Privacy Group, 

Office of Information Technology, 

Centers for Medicare & Medicaid 

Services, Location: N1–14–56, 7500 

Security Blvd., Baltimore, MD 21244– 

1850, or by email at 

Barbara.Demopulos@cms.hhs.gov. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about the matching 

program, you may contact Anne Pesto, 

Senior Advisor, Marketplace Eligibility 

and Enrollment Group, Center for 

Consumer Information and Insurance 

Oversight, Centers for Medicare & 

Medicaid Services, at 443–844–9966, by 

email at anne.pesto@cms.hhs.gov, or by 

mail at 7500 Security Blvd., Baltimore, 

MD 21244. 

SUPPLEMENTARY INFORMATION: The 

Privacy Act of 1974, as amended (5 

U.S.C. 552a) provides certain 

protections for individuals applying for 

and receiving federal benefits. The law 

governs the use of computer matching 

by federal agencies when records in a 

system of records (meaning, federal 

agency records about individuals 

retrieved by name or other personal 

identifier) are matched with records of 

other federal or non-federal agencies. 

The Privacy Act requires agencies 

involved in a matching program to: 

1. Enter into a written agreement, 

which must be prepared in accordance 

with the Privacy Act, approved by the 

Data Integrity Board of each source and 

recipient federal agency, provided to 

Congress and the Office of Management 

and Budget (OMB), and made available 

to the public, as required by 5 U.S.C. 

552a(o), (u)(3)(A), and (u)(4). 

2. Notify the individuals whose 

information will be used in the 

matching program that the information 

they provide is subject to verification 

through matching, as required by 5 

U.S.C. 552a(o)(1)(D). 

3. Verify match findings before 

suspending, terminating, reducing, or 

making a final denial of an individual’s 

benefits or payments or taking other 

adverse action against the individual, as 

required by 5 U.S.C. 552a(p). 

4. Report the matching program to 

Congress and the OMB, in advance and 

annually, as required by 5 U.S.C. 

552a(o)(2)(A)(i), (r), and (u)(3)(D). 

5. Publish advance notice of the 

matching program in the Federal 

Register as required by 5 U.S.C. 

552a(e)(12). 

This matching program meets these 

requirements. 

Barbara Demopulos, 

Privacy Act Officer, Division of Security, 

Privacy Policy and Governance, Office of 

Information Technology, Centers for Medicare 

& Medicaid Services. 

Participating Agencies 

The Department of Health and Human 

Services (HHS), Centers for Medicare & 

Medicaid Services (CMS) is the 

recipient agency, and the Department of 

Veterans Affairs (VA), Veterans Health 

Administration (VHA) is the source 

agency. 

Authority for Conducting the Matching 

Program 

The statutory authority for the 

matching program is 42 U.S.C. 18001 et 

seq. 

Purpose(s) 

The purpose of the matching program 

is to assist CMS in determining 

individuals’ eligibility for financial 

assistance in paying for private health 

insurance coverage. In this matching 

program, VHA provides CMS with data 

when a state administering entity (AE) 

requests it and VHA is authorized to 

release it, verifying whether an 

individual who is applying for or is 

enrolled in private health insurance 

coverage under a qualified health plan 

through a federally-facilitated health 

insurance exchange or state-based 

exchange is eligible for coverage under 

a VHA health plan. CMS makes the data 

provided by VHA available to the 

requesting AE through a data services 

hub to use in determining the 

applicant’s or enrollee’s eligibility for 

financial assistance (including an 

advance tax credit and cost-sharing 

reduction, which are types of insurance 

affordability programs) in paying for 

private health insurance coverage. VHA 

health plans provide minimum essential 

coverage, and eligibility for such plans 

precludes eligibility for financial 

assistance in paying for private 

coverage. The data provided by VHA 

under this matching program will be 

used by CMS and AEs to authenticate 

each enrollee’s identity, determine the 

enrollee’s eligibility for financial 

assistance, and determine the amount of 

the financial assistance. 

Categories of Individuals 

The categories of individuals whose 

information will be used in the 

matching program are Veterans whose 

records at VHA match identifying data 

provided to VHA by CMS (submitted by 

AEs) about individuals who are 

applying for or are enrolled in private 

insurance coverage under a qualified 

health plan through a federallyfacilitated health insurance exchange or 

state-based exchange. 

Categories of Records 

The categories of records used in the 

matching program are identity records 

and minimum essential coverage period 

records, consisting of the following data 

elements: 

Data provided by CMS to VHA: 

a. first name (required) 

b. middle name/initial (if provided by 

applicant) 

c. surname (applicant’s last name) 

(required) 


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