[Federal Register Volume 89, Number 88 (Monday, May 6, 2024)]
[Notices]
[Pages 37221-37223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09799]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY


Privacy Act of 1974; System of Records

AGENCY: Department of Energy.

ACTION: Notice of a modified system of records.

-----------------------------------------------------------------------

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-8 Intergovernmental Personnel Act (IPA).
    This System of Records Notice (SORN) is being modified to align 
with new formatting requirements, published by OMB, 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 June 5, 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, or by facsimile at (202) 586-8151, by email at 
[email protected], or 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-8 Intergovernmental Personnel Act (IPA). This 
notice proposes the following amendments. The following system 
locations have been removed as they are no longer applicable: Naval 
Reactors Field Office, Alaska Power Administration, Office of Science's 
Chicago and Oak Ridge Offices, Environmental Management Consolidated 
Business Center, both National Energy Technology Laboratory locations, 
Richland Operations Office, Savannah River Operations Office, and 
Southwestern Power Administration. The following addresses have been 
updated: John A. Gordon Albuquerque Complex, and Golden Field Office. 
The National Nuclear Security Administration in Washington, DC has been 
added. 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. 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-8 Intergovernmental Personnel Act (IPA).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATIONS:
    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

[[Page 37222]]

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, National Nuclear Security 
Administration, 1000 Independence Avenue SW, Washington, DC 20585.
    U.S. Department of Energy, Headquarters, Germantown, 19901 
Germantown Road, Germantown, MD 20585.
    U.S. Department of Energy, National Nuclear Security 
Administration, John A. Gordon Albuquerque Complex, 24600 20th Street 
SE, Albuquerque, NM 87116.
    U.S. Department of Energy, Bonneville Power Administration, P.O. 
Box 3621, Portland, OR 97208.
    U.S. Department of Energy, Golden Field Office, 15013 Denver West 
Parkway, Golden, CO 80401.
    U.S. Department of Energy, Idaho Operations Office, 1955 Fremont 
Avenue, Idaho Falls, ID 83415.
    U.S. Department of Energy, Southeastern Power Administration, 1166 
Athens Tech Road, Elberton, GA 30635-6711.
    U.S. Department of Energy, Strategic Petroleum Reserve Project 
Management Office, 900 Commerce Road East, New Orleans, LA 70123.
    U.S. Department of Energy, Western Area Power Administration, P.O. 
Box 281213, Lakewood, CO 80228-8213.

SYSTEM MANAGER(S):
    Headquarters: Director of Human Capital Management, U.S. Department 
of Energy, 1000 Independence Avenue SW, Washington, DC 20585.
    Field Offices: The Human Capital Directors at the field locations 
listed above under ``Systems Locations'' are the system managers for 
their respective portions of this system.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.; 5 U.S.C. chapter 
33, subchapter VI, 36 CFR subpart E 1236, General Records Schedule 4.2 
item 150, and title 5 CFR part 334.

PURPOSE(S) OF THE SYSTEM:
    Records in this system are maintained and used by DOE to provide a 
basis for payments under the terms of the IPA agreements, provide 
employment histories, and provide information for reports and program 
evaluations.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who are now, or have been, under an IPA agreement to or 
from DOE, including NNSA.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Name, home and work addresses, Social Security number, unique 
identifiers for Department employees and applicants for employment with 
the Department (e.g., DOE OneID, employee number, and any other 
government identifier), home and work telephone numbers, salary, and 
related correspondence.

RECORD SOURCE CATEGORIES:
    The subject individual and current or prospective employer.

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 to any organization 
eligible to receive an assigned individual under the Intergovernmental 
Personnel Act, including tribal, state, and local governments, 
institutions of higher education, Federally Funded Research and 
Development Centers, and other organizations certified under IPA rules.
    2. 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 Department officers and 
employees under the Privacy Act.
    3. 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.
    4. 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.
    5. 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 electronic media or paper records.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by name or Social Security number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Retention and disposition of these records is in accordance with 
the National Archives and Records Administration approved schedule with 
a 250-year retention.

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

[[Page 37223]]

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 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.

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 Ave. 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 1006-
1007, on January 9, 2009.
    Signing Authority
    This document of the Department of Energy was signed on May 1, 
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 May 1, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-09799 Filed 5-3-24; 8:45 am]
BILLING CODE 6450-01-P