[Federal Register Volume 89, Number 52 (Friday, March 15, 2024)]
[Notices]
[Pages 18925-18928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05576]


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DEPARTMENT OF ENERGY


Privacy Act of 1974; System of Records

AGENCY: U.S. Department of Energy.

ACTION: Notice of a modified system of records.

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SUMMARY: As required by the Privacy Act of 1974 and the Office of 
Management and Budget (OMB) Circulars A-108 and A-130, the Department 
of Energy (DOE or the Department) is publishing notice of a 
modification to an existing Privacy Act System of Records. DOE proposes 
to amend System of Records DOE-23 Property Accountability System. This 
System of Records Notice (SORN) is being modified to align with new 
formatting requirements, published by the Office of Management and 
Budget, and to ensure appropriate Privacy Act coverage of business 
processes and Privacy Act information. While there are no substantive 
changes to the ``Categories of Individuals'' or ``Categories of 
Records'' sections covered by this SORN, substantive changes have been 
made to the ``System Locations,'' ``Routine Uses,'' and 
``Administrative, Technical and Physical Safeguards'' sections to 
provide greater transparency. Changes to ``Routine Uses'' include new 
provisions related to responding to breaches of information held under 
a Privacy Act SORN as required by OMB's Memorandum M-17-12, ``Preparing 
for and Responding to a Breach of Personally Identifiable Information'' 
(January 3, 2017). Language throughout the SORN has been updated to 
align with applicable Federal privacy laws, policies, procedures, and 
best practices.

DATES: This modified SORN will become applicable following the end of 
the public comment period on April 15, 2024 unless comments are 
received that result in a contrary determination.

ADDRESSES: Written comments should be sent to the DOE Desk Officer, 
Office of Information and Regulatory Affairs, Office of Management and 
Budget, New Executive Office Building, Room 10102, 735 17th Street NW, 
Washington, DC 20503 and to Ken Hunt, Chief Privacy Officer, U.S. 
Department of Energy, 1000 Independence Avenue SW, Rm 8H-085, 
Washington, DC 20585 or by facsimile at (202) 586-8151 or by email at 
[email protected].

FOR FURTHER INFORMATION CONTACT: Ken Hunt, Chief Privacy Officer, U.S. 
Department of Energy, 1000 Independence Avenue SW, Rm 8H-085, 
Washington, DC 20585, by facsimile at (202) 586-8151, by email at 
[email protected], or by telephone at (240) 686-9485.

SUPPLEMENTARY INFORMATION: On January 9, 2009, DOE published a 
Compilation of its Privacy Act systems of records, which included 
System of Records DOE-23 Property Accountability System. This notice

[[Page 18926]]

proposes amendments to the System Locations section of that System of 
Records by removing four System Locations where DOE-23 is no longer 
applicable. These locations are as follows: Bonneville Power 
Administration, the National Energy Technology Laboratory, Southeastern 
Area Power Administration, and Western Area Power Administration. In 
the ``Routine Uses'' section, this modified notice deletes a previous 
routine use concerning efforts responding to a suspected or confirmed 
loss of confidentiality of information as it appears in DOE's 
compilation of its Privacy Act systems of records (January 9, 2009) and 
replaces it with one to assist DOE with responding to a suspected or 
confirmed breach of its records of Personally Identifiable Information 
(PII), modeled with language from OMB's Memorandum M-17-12, ``Preparing 
for and Responding to a Breach of Personally Identifiable Information'' 
(January 3, 2017). Further, this notice adds one new routine use to 
ensure that DOE may assist another agency or entity in responding to 
the other agency's or entity's confirmed or suspected breach of PII, as 
appropriate, as aligned with OMB's Memorandum M-17-12.
    Additionally, the routine use formerly numbered six has been 
determined to be duplicative and therefore has been deleted. This 
routine use is covered by that which is currently numbered five. From 
the ``Categories of Records in the System'' section, the following 
elements have been removed: operation number, high risk field, disposal 
code, the name and employee identification and position numbers of 
employees' assigned equipment, account numbers, and user activity on 
device. To this section, ``name and phone number of individual to whom 
equipment is issued'' and ``name of the Accountable Property 
Representative'' have been added to reflect current processes. To 
``Categories of Individuals,'' the qualifiers ``current and former'' 
and ``employees and contractors'' have been added to qualify ``DOE 
employees.'' The ``Purpose(s) of the System'' section now includes the 
following: ``(f) enable security-related functions in the event that 
government property is misused, lost, or stolen.'' An administrative 
change required by the FOIA Improvement Act of 2016 extends the length 
of time a requestor is permitted to file an appeal under the Privacy 
Act from 30 to 90 days. Both the ``System Locations'' and 
``Administrative, Technical and Physical Safeguards'' sections have 
been modified to reflect the Department's usage of cloud-based services 
for records storage. Language throughout the SORN has been updated to 
align with applicable Federal privacy laws, policies, procedures, and 
best practices.

SYSTEM NAME AND NUMBER:
    DOE-23 Property Accountability System.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Systems leveraging this SORN may exist in multiple locations. All 
systems storing records in a cloud-based server are required to use 
government-approved cloud services and follow National Institute of 
Standards and Technology (NIST) security and privacy standards for 
access and data retention. Records maintained in a government-approved 
cloud server are accessed through secure data centers in the 
continental United States.
    U.S. Department of Energy, Headquarters, 1000 Independence Avenue 
SW, Washington, DC 20585.
    U.S. Department of Energy, Office of River Protection, P.O. Box 
450, Richland, WA 99352.
    U.S. Department of Energy, Richland Operations Office, P.O. Box 
550, Richland, WA 99352.
    U.S. Department of Energy, Southwestern Power Administration, One 
West Third Street, Suite 1500, Tulsa, OK 74103.

SYSTEM MANAGER(S):
    Headquarters: Director, Office of Management, U.S. Department of 
Energy, 1000 Independence Avenue SW, Washington, DC 20585.
    Field Offices: The Managers of the ``System Locations'' listed 
above are the system managers for their respective portions of the 
system.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    42 U.S.C. 7101 et seq.: 50 U.S.C. 2401 et seq.; Federal Property 
and Administrative Services Act of 1949, section 202(b), 40 U.S.C. 
483(b); and 41 CFR part 109, Federal Property Management Regulation 
(FPMR), subchapter E, part 109.

PURPOSE(S) OF THE SYSTEM:
    Records in this system are maintained and used by DOE (a) to 
provide inventories to satisfy other Federal Procurement Management 
Regulation requirements; (b) to maintain a record of location of 
emergency equipment; (c) to control equipment assignments, including 
but not limited to those authorized under union contracts; (d) to 
provide management information necessary for the budgeting and 
allocation of equipment; (e) to provide evidence of assignment, 
location, use, and value in the event that government property is 
misused, lost or stolen; and (f) enable security-related functions in 
the event that government property is misused, lost, or stolen.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Current and former DOE employees and contractors, including 
National Nuclear Security Administration (NNSA) employees, and 
contractor employees, authorized to be custodians of controlled DOE 
equipment.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Item description, date of purchase, acquire date, purchase price, 
purchase order number, vendor and manufacturer, model/serial/license 
number, property tag identification, status/date, condition of 
property, name and phone number of individual to whom equipment is 
issued, name of the Accountable Property Representative, organization, 
organization code, and location.

RECORD SOURCE CATEGORIES:
    Information in this system comes from the Payroll/Personnel system 
application, various internal forms, accountable property 
representatives and employees, data processing personnel, supply 
officers, and information from use of government property.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    1. A record from this system may be disclosed as a routine use to 
any law enforcement agency as needed to provide evidence of assignment, 
location, and value in the event that government property is stolen.
    2. A record from this system may be disclosed as a routine use to 
the appropriate local, Tribal, State, or Federal agency when records, 
alone or in conjunction with other information, indicate a violation or 
potential violation of law whether civil, criminal, or regulatory in 
nature, and whether arising by general statute or particular program 
pursuant thereto.
    3. A record from this system may be disclosed as a routine use for 
the purpose of an investigation, settlement of claims, or the 
preparation and conduct of litigation to (1) persons representing the 
Department in the investigation, settlement or litigation, and to 
individuals assisting in such representation; (2) others involved in

[[Page 18927]]

the investigation, settlement, and litigation, and their 
representatives and individuals assisting those representatives; (3) 
witnesses, potential witnesses, or their representatives and 
assistants; and (4) any other persons who possess information 
pertaining to the matter when it is relevant and necessary to obtain 
information or testimony relevant to the matter.
    4. A record from this system may be disclosed as a routine use in 
court or administrative proceedings to the tribunals, counsel, other 
parties, witnesses, and the public (in publicly available pleadings, 
filings, or discussion in open court) when such disclosure: (1) is 
relevant to, and necessary for, the proceeding; (2) is compatible with 
the purpose for which the Department collected the records; and (3) the 
proceedings involve:
    a. The Department, its predecessor agencies, current or former 
contractors of the Department, or other United States Government 
agencies and their components, or
    b. A current or former employee of the Department and its 
predecessor agencies, current or former contractors of the Department, 
or other United States Government agencies and their components, who is 
acting in an official capacity or in any individual capacity where the 
Department or other United States Government agency has agreed to 
represent the employee.
    5. A record from this system may be disclosed as a routine use to a 
Federal, State, Tribal, or local agency to facilitate the requesting 
agency's decision concerning the hiring or retention of an employee, 
the issuance of a security clearance, the reporting of an investigation 
of an employee, the letting of a contract, or the issuance of a 
license, grant, or other benefit, to the extent that the information is 
relevant and necessary to the requesting agency's decision on the 
matter. The Department must deem such disclosure to be compatible with 
the purpose for which the Department collected the information.
    6. A record from this system may be disclosed as a routine use to 
DOE contractors in performance of their contracts, and their officers 
and employees who have a need for the record in the performance of 
their duties. Those provided information under this routine use are 
subject to the same limitations applicable to DOE officers and 
employees under the Privacy Act.
    7. A record from this system may be disclosed as a routine use to a 
member of Congress submitting a request involving a constituent when 
the constituent has requested assistance from the member concerning the 
subject matter of the record. The member of Congress must provide a 
copy of the constituent's signed request for assistance.
    8. A record from this system may be disclosed as a routine use to 
appropriate agencies, entities, and persons when (1) the Department 
suspects or has confirmed that there has been a breach of the System of 
Records; (2) the Department has determined that as a result of the 
suspected or confirmed breach there is a risk of harm to individuals, 
DOE (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 Department's efforts to respond to the 
suspected or confirmed breach or to prevent, minimize, or remedy such 
harm.
    9. A record from this system may be disclosed as a routine use to 
another Federal agency or Federal entity, when the Department 
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:
    Records may be stored as paper records, microfilm, or electronic 
media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by tag number, license number, custodian 
name, employee identification number, position number, accounting 
information, catalog number, contract number, make, model, security 
logon identification, serial number, or storage location.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Retention and disposition of these records are unscheduled. This 
requires the records to be retained as permanent until the National 
Archives and Records Administration approves the draft schedule, which 
will require the records to be retained for 10 years.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Electronic records may be secured and maintained on a cloud-based 
software server and operating system that resides in Federal Risk and 
Authorization Management Program (FedRAMP) and Federal Information 
Security Modernization Act (FISMA) hosting environment. Data located in 
the cloud-based server is firewalled and encrypted at rest and in 
transit. The security mechanisms for handling data at rest and in 
transit are in accordance with DOE encryption standards. Records are 
protected from unauthorized access through the following appropriate 
safeguards:
     Administrative: Access to all records is limited to lawful 
government purposes only, with access to electronic records based on 
role and either two-factor authentication or password protection. The 
system requires passwords to be complex and to be changed frequently. 
Users accessing system records undergo frequent training in Privacy Act 
and information security requirements. Security and privacy controls 
are reviewed on an ongoing basis.
     Technical: Computerized records systems are safeguarded on 
Departmental networks configured for role-based access based on job 
responsibilities and organizational affiliation. Privacy and security 
controls are in place for this system and are updated in accordance 
with applicable requirements as determined by NIST and DOE directives 
and guidance.
     Physical: Computer servers on which electronic records are 
stored are located in secured Department facilities, which are 
protected by security guards, identification badges, and cameras. Paper 
copies of all records are locked in file cabinets, file rooms, or 
offices and are under the control of authorized personnel. Access to 
these facilities is granted only to authorized personnel and each 
person granted access to the system must be an individual authorized to 
use and/or administer the system.

RECORD ACCESS PROCEDURES:
    The Department follows the procedures outlined in 10 CFR 1008.4. 
Valid identification of the individual making the request is required 
before information will be processed, given, access granted, or a 
correction considered, to ensure that information is processed, given, 
corrected, or records disclosed or corrected only at the request of the 
proper person.

[[Page 18928]]

CONTESTING RECORD PROCEDURES:
    Any individual may submit a request to the System Manager and 
request a copy of any records relating to them. In accordance with 10 
CFR 1008.11, any individual may appeal the denial of a request made by 
him or her for information about or for access to or correction or 
amendment of records. An appeal shall be filed within 90 calendar days 
after receipt of the denial. When an appeal is filed by mail, the 
postmark is conclusive as to timeliness. The appeal shall be in writing 
and must be signed by the individual. The words ``PRIVACY ACT APPEAL'' 
should appear in capital letters on the envelope and the letter. 
Appeals relating to DOE records shall be directed to the Director, 
Office of Hearings and Appeals (OHA), 1000 Independence Avenue SW, 
Washington, DC 20585.

NOTIFICATION PROCEDURES:
    In accordance with the DOE regulation implementing the Privacy Act, 
10 CFR part 1008, a request by an individual to determine if a System 
of Records contains information about themselves should be directed to 
the U.S. Department of Energy, Headquarters, Privacy Act Officer. The 
request should include the requester's complete name and the time 
period for which records are sought.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    This SORN was last published in the Federal Register, 74 FR 1023-
1024, on January 9, 2009.

Signing Authority

    This document of the Department of Energy was signed on January 31, 
2024, by Ann Dunkin, Senior Agency Official for Privacy, pursuant to 
delegated authority from the Secretary of Energy. That document with 
the original signature and date is maintained by DOE. For 
administrative purposes only, and in compliance with requirements of 
the Office of the Federal Register, the undersigned DOE Federal 
Register Liaison Officer has been authorized to sign and submit the 
document in electronic format for publication, as an official document 
of the Department of Energy. This administrative process in no way 
alters the legal effect of this document upon publication in the 
Federal Register.

    Signed in Washington, DC, on March 12, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-05576 Filed 3-14-24; 8:45 am]
BILLING CODE 6450-01-P