[Federal Register Volume 86, Number 65 (Wednesday, April 7, 2021)]
[Notices]
[Pages 18057-18060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07097]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10020-11-OMS]


Privacy Act of 1974; System of Records

AGENCY: Office of Mission Support (OMS), Environmental Protection 
Agency (EPA).

ACTION: Notice of a new system of records.

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SUMMARY: The U.S. Environmental Protection Agency's (EPA), Office of 
Human Resources is giving notice that it proposes to create a new 
system of records pursuant to the provisions of the Privacy Act of 
1974. The Talent Enterprise Diagnostic (TED) system is being created to 
establish a new tool within Sharepoint, the Agency's existing Microsoft 
O365 web-based document management and storage system. TED provides for 
the collection of information to track, update, and assess the skills 
of positions throughout EPA along with the corresponding skills of 
incumbents in those positions. TED supports the Agency's efforts to: 
(1) Develop policies and programs that are based on comprehensive 
workforce planning and analysis; and (2) meet requirements under 5 CFR 
250, such as monitoring and addressing government-wide and Agency-
specific skill gaps in mission-critical occupations. The system 
information will be accessed and used by EPA's supervisors, designated 
human resources specialists and analysts, managers within each office 
and region, Agency-wide senior leaders, and the Agency's training 
branch. TED provides for the collection of information to track, 
update, and assess the skills of positions throughout EPA along with 
the corresponding skills of incumbents in those positions.

DATES: Persons wishing to comment on this system of records notice must 
do so by May 7, 2021. New routine uses for this new system of records 
will be effective May 7, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. OMS-2020-
0483, by one of the following methods:
    Regulations.gov: www.regulations.gov Follow the online instructions 
for submitting comments.
    Email: [email protected].
    Fax: 202-566-1752.
    Mail: OMS Docket, Environmental Protection Agency, Mail Code: 
2822T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
    Hand Delivery: OMS Docket, EPA/DC, WJC West Building, Room 3334, 
1301 Constitution Ave. NW, Washington, DC 20460. Such deliveries are 
only accepted during the Docket's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. OMS-2020-0483. 
The EPA policy is that all comments received will be included in the 
public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Controlled 
Unclassified Information (CUI) or other information for which 
disclosure is restricted by statute. Do not submit information that you 
consider to be CUI or otherwise protected through www.regulations.gov. 
The www.regulations.gov website is an ``anonymous access'' system for 
EPA, which means the EPA will not know your identity or contact 
information unless you provide it in the body of your comment. Each 
agency determines submission requirements within their own internal 
processes and standards. EPA has no requirement of personal 
information. If you send an email comment directly to the EPA without 
going through www.regulations.gov your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the internet. If you 
submit an electronic comment, the EPA recommends that you include your 
name and other contact information in the body of your comment. If the 
EPA cannot read your comment due to technical difficulties and cannot 
contact you for clarification, the EPA may not be able to consider your 
comment. Electronic files should avoid the use of special characters, 
any form of encryption, and be free of any defects or viruses. For 
additional information about the EPA public docket, visit the EPA 
Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CUI or other information 
for which disclosure is restricted by statute. Certain other material, 
such as copyrighted material, will be publicly available only in hard 
copy. Publicly available docket materials are available either 
electronically in www.regulations.gov or in hard copy at the OMS 
Docket, EPA/DC, WJC West Building, Room 3334, 1301 Constitution Ave. 
NW, Washington, DC 20460.

Temporary Hours During COVID-19

    Out of an abundance of caution for members of the public and our 
staff, the EPA Docket Center and Reading Room are closed to the public, 
with limited exceptions, to reduce the risk of transmitting COVID-19. 
Our Docket Center staff will continue to provide remote customer 
service via email, phone, and webform. We encourage the public to 
submit comments via https://www.regulations.gov/ or email, as there may 
be a delay in processing mailand faxes. Hand deliveries and couriers 
may be received by scheduled appointment only. For further information 
on EPA Docket Center services and the current status, please visit us 
online at https://www.epa.gov/dockets. The telephone number for the 
Public Reading Room is (202) 566-1744, and the telephone number for the 
OMS Docket is (202) 566-1752.

FOR FURTHER INFORMATION CONTACT: Please submit questions to Mara Kamen, 
[email protected], 202-564-7159, Director, Office of Human Resources, 
Office of Mission Support, U.S. Environmental Protection Agency, 1200 
Pennsylvania Avenue NW, Washington, DC 20460.

SUPPLEMENTARY INFORMATION: TED is a workforce planning tool that helps 
managers and supervisors identify competency gaps. Agency leaders will 
use data from TED to develop strategies to mitigate future occupational 
and skill gaps. TED consists of personalized profiles for each 
employee. The profiles include work-related information to help 
supervisors identify and select staff from a directory and determine

[[Page 18058]]

competency gaps for workforce planning. The system information is 
derived from EPA's personnel and payroll system called the U.S. 
Department of Interior's Oracle Business Intelligence Enterprise 
Edition (IBC/OBIEE). EPA plans to institute several security controls 
to protect personally identifiable information in TED.

SYSTEM NAME AND NUMBER:
    Talent Enterprise Diagnostic (TED), EPA-84.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Office of Human Resources, U.S. Environmental Protection Agency, 
1200 Pennsylvania Avenue NW, Washington, DC 20460.

SYSTEM MANAGER(S):
    Mara Kamen, [email protected], 202-564-7159, Director, Office of 
Human Resources, U.S. Environmental Protection Agency, 1200 
Pennsylvania Avenue NW, Washington, DC 20460.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S. Code 1401 (Establishment of Agency Chief Human Capital 
Officers); 5 U.S.C. 1402 (a)(2), (b)(1), (b)(2) (Authority and 
functions of Agency Chief Human Capital Officers, as it applies to 
identifying and closing competency gaps): 5 CFR 250.203 (b)(1) and 
(b)(3); and 5 CFR 250.204 (a)(3).

PURPOSE(S) OF THE SYSTEM:
    To monitor, address, report and track government-wide and Agency-
specific skill gaps within mission critical occupations as required 
under 5 CFR 250 through a Microsoft O365 SharePoint-based application. 
To share data resulting from these competency assessments with Agency 
senior leaders and management for the purpose of developing strategies 
to close competency gaps.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    EPA employees, and their supervisors or managers.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Name of supervisor, randomized SharePoint incumbent ID number, 
first and last name of employee, pay plan, grade, location, 
occupational series, organization to which the position is assigned, 
occupational series, role, name of competency and the proficiency level 
required for each position, name of competency and the proficiency 
level required for each incumbent in each position.

RECORD SOURCE CATEGORIES:
    The sources of information include: (1) Data pulled from EPA's 
personnel and payroll system (IBC/OBIEE); and (2) EPA supervisors' 
assessments of: (a) The skills proficiency levels required of each 
position under the supervisor's immediate chain of command; and (b) 
assessments of the skills proficiency levels of each incumbent 
occupying those positions.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    The routine uses for this system are compatible with the purpose 
for which their records are collected. The information may be disclosed 
to and for the following EPA General Routine Uses: A, B, C, D, E, F, G, 
H, I, J, and K apply to this system. Routine uses L, and M are required 
in accordance with OMB-M-17-12.
    A. Disclosure for Law Enforcement Purposes:
    Information may be disclosed to the appropriate Federal, State, 
local, tribal, or foreign agency responsible for investigating, 
prosecuting, enforcing, or implementing a statute, rule, regulation, or 
order, if the information is relevant to a violation or potential 
violation of civil or criminal law or regulation within the 
jurisdiction of the receiving entity.
    B. Disclosure Incident to Requesting Information:
    Information may be disclosed to any source from which additional 
information is requested (to the extent necessary to identify the 
individual, inform the source of the purpose of the request, and to 
identify the type of information requested,) when necessary to obtain 
information relevant to an Agency decision concerning retention of an 
employee or other personnel action (other than hiring,) retention of a 
security clearance, the letting of a contract, or the issuance or 
retention of a grant, or other benefit.
    C. Disclosure to Requesting Agency:
    Disclosure may be made to a Federal, State, local, foreign, or 
tribal or other public authority of the fact that this system of 
records contains information relevant to the retention of an employee, 
the retention of a security clearance, the letting of a contract, or 
the issuance or retention of a license, grant, or other benefit. The 
other agency or licensing organization may then make a request 
supported by the written consent of the individual for the entire 
record if it so chooses. No disclosure will be made unless the 
information has been determined to be sufficiently reliable to support 
a referral to another office within the agency or to another Federal 
agency for criminal, civil, administrative, personnel, or regulatory 
action.
    D. Disclosure to Office of Management and Budget:
    Information may be disclosed to the Office of Management and Budget 
at any stage in the legislative coordination and clearance process in 
connection with private relief legislation as set forth in OMB Circular 
No. A-19.
    E. Disclosure to Congressional Offices:
    Information may be disclosed to a congressional office from the 
record of an individual in response to an inquiry from the 
congressional office made at the request of the individual.
    F. Disclosure to Department of Justice:
    Information may be disclosed to the Department of Justice, or in a 
proceeding before a court, adjudicative body, or other administrative 
body before which the Agency is authorized to appear, when:
    1. The Agency, or any component thereof;
    2. Any employee of the Agency in his or her official capacity;
    3. Any employee of the Agency in his or her individual capacity 
where the Department of Justice or the Agency have agreed to represent 
the employee; or
    4. The United States, if the Agency determines that litigation is 
likely to affect the Agency or any of its components, is a party to 
litigation or has an interest in such litigation, and the use of such 
records by the Department of Justice or the Agency is deemed by the 
Agency to be relevant and necessary to the litigation provided, 
however, that in each case it has been determined that the disclosure 
is compatible with the purpose for which the records were collected.
    G. Disclosure to the National Archives:
    Information may be disclosed to the National Archives and Records 
Administration in records management inspections.
    H. Disclosure to Contractors, Grantees, and Others:
    Information may be disclosed to contractors, grantees, consultants, 
or volunteers performing or working on a contract, service, grant, 
cooperative agreement, job, or other activity for the Agency and who 
have a need to have access to the information in the performance of 
their duties or activities for the Agency. When appropriate, recipients 
will be required to comply with the requirements of the Privacy Act of 
1974 as provided in 5 U.S.C. 552a(m).
    I. Disclosures for Administrative Claims, Complaints and Appeals:

[[Page 18059]]

    Information from this system of records may be disclosed to an 
authorized appeal grievance examiner, formal complaints examiner, equal 
employment opportunity investigator, arbitrator or other person 
properly engaged in investigation or settlement of an administrative 
grievance, complaint, claim, or appeal filed by an employee, but only 
to the extent that the information is relevant and necessary to the 
proceeding. Agencies that may obtain information under this routine use 
include, but are not limited to, the Office of Personnel Management, 
Office of Special Counsel, Merit Systems Protection Board, Federal 
Labor Relations Authority, Equal Employment Opportunity Commission, and 
Office of Government Ethics.
    J. Disclosure to the Office of Personnel Management:
    Information from this system of records may be disclosed to the 
Office of Personnel Management pursuant to that agency's responsibility 
for evaluation and oversight of Federal personnel management.
    K. Disclosure in Connection With Litigation:
    Information from this system of records may be disclosed in 
connection with litigation or settlement discussions regarding claims 
by or against the Agency, including public filing with a court, to the 
extent that disclosure of the information is relevant and necessary to 
the litigation or discussions and except where court orders are 
otherwise required under section (b)(11) of the Privacy Act of 1974, 5 
U.S.C. 552a(b)(11).
    L. Disclosure to Persons or Entities in Response to an Actual or 
Suspected Breach of Personally Identifiable Information:
    To appropriate agencies, entities, and persons when (1) the Agency 
suspects or has confirmed that there has been a breach of the system of 
records, (2) the Agency has determined that as a result of the 
suspected or confirmed breach there is a risk of harm to individuals, 
the Agency (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 the Agency's efforts to respond 
to the suspected or confirmed breach or to prevent, minimize, or remedy 
such harm.
    M. Disclosure to assist another agency in its efforts to respond to 
a breach:
    To another Federal agency or Federal entity, when the Agency 
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.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    These records are maintained electronically on computer storage 
devices such as computer tapes and disks. The records are also stored 
on the access restricted TED SharePoint site. Electronic files are 
labeled with within TED according to the randomly generated ID number.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    EPA will retrieve records by first and last name of employee, pay 
plan, grade or level, location, series, organization to which the 
position is assigned and occupational series/family. Designated points 
of contact can request organization-level, Excel-based reports from the 
TED Program Managers with results of incumbent and position 
assessments, which might include the names of individuals. The reports 
are accessed via SharePoint through a password-restricted system.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Information in TED and the data which is downloaded into Excel 
spreadsheets will be destroyed when 3 years old, or 3 years after 
superseded or obsolete, whichever is appropriate, but longer retention 
is authorized if required for business use. Information stored in TED 
falls under EPA's Records Control Schedule 1029 (Employee Training 
Program Records).

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Security controls used to protect personally identifiable 
information in TED are commensurate with those required for an 
information system rated moderate for confidentiality, integrity, and 
availability, as prescribed in NIST Special Publication, 800-53, 
``Recommended Security Controls for Federal Information Systems,'' 
Revision 4.
    Administrative Safeguards. EPA implements role-based access 
controls. TED has three permission level assignments which will allow 
users access only to those functions for which they are authorized: 
Owners, Members and Visitors. The TED Owners (Contractor, TED Program 
Managers and OHR managers) have full control of the system. The TED 
Owners can give access to TED Members (managers and supervisors) so 
that they can claim employees and complete the assessments. The third 
group, the TED Visitors, is anyone who can access EPA's SharePoint and 
know how to find the landing page. In addition, EPA personnel are 
required to complete annual Agency Information Security and Privacy 
training. EPA personnel are instructed to lock their computers when 
they leave their desks.
    Technical Safeguards. Computer records are maintained in a secure, 
password-protected computer system. TED access is restricted to 
authorized, authenticated users. In addition, users are required to 
have strong passwords that are frequently changed. The Agency uses 
encryption for transmitting organization-level reports, and regularly 
reviews security procedures and best practices to enhance security.
    Physical Safeguards. All records are maintained in secure, access-
controlled areas or buildings. Backups will be maintained at a disaster 
recovery site.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to information in this system of records 
about themselves are required to provide adequate identification (e.g., 
driver's license, military identification card, employee badge or 
identification card). Additional identity verification procedures may 
be required, as warranted. Requests must meet the requirements of EPA 
regulations that implement the Privacy Act of 1974, at 40 CFR part 16.

CONTESTING RECORD PROCEDURES:
    Requests for correction or amendment must identify the record to be 
changed and the corrective action sought. Complete EPA Privacy Act 
procedures are described in EPA's Privacy Act regulations at 40 CFR 
part 16.

NOTIFICATION PROCEDURE:
    Any individual who wants to know whether this system of records 
contains a record about him or her, should make a written request to 
the Attn: Agency Privacy Officer, MC 2831T, 1200 Pennsylvania Ave. NW, 
Washington, DC 20460, [email protected].

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

[[Page 18060]]

HISTORY:
    None.

Vaughn Noga,
Senior Agency Official for Privacy.
[FR Doc. 2021-07097 Filed 4-6-21; 8:45 am]
BILLING CODE 6560-50-P