Privacy Act of 1974; Notice To Amend an Existing System of Records, 41691-41693 [E9-19768]

Agencies

• DEPARTMENT OF ENERGY

[Federal Register Volume 74, Number 158 (Tuesday, August 18, 2009)]
[Notices]
[Pages 41691-41693]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19768]


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DEPARTMENT OF ENERGY


Privacy Act of 1974; Notice To Amend an Existing System of 
Records

AGENCY: U.S. Department of Energy.

ACTION: Notice.

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SUMMARY: As required by the Privacy Act of 1974, 5 U.S.C. 552a, and the 
Office of Management and Budget (OMB) Circular A-130, the Department of 
Energy (DOE) is publishing notice of a proposed amendment to an 
existing system of records. DOE proposes to amend the system of records 
DOE-3 ``Employee Concerns Program Records.'' This notice (i) will 
expand an existing routine use to permit the disclosure of certain 
information to the Nuclear Regulatory Commission, and (ii) add an 
additional system location.

DATES: The proposed amendment to this existing system of records will 
become effective without further notice on October 2, 2009 unless DOE 
receives adverse comments and determines that this amendment should not 
become effective on that date.

ADDRESSES: Written comments should be directed to William A. Lewis, 
Jr., Deputy Director, Office of Civil Rights and Diversity, ED-4, U.S. 
Department of Energy, 1000 Independence Ave., SW., Washington, DC 
20585.

FOR FURTHER INFORMATION CONTACT: Jerry Hanley, Chief Privacy Officer, 
Office of Information Resources, MA-90, U.S. Department of Energy, 1000 
Independence Avenue, SW., Washington, DC 20585, (202) 586-5955; Isiah 
Smith, Deputy Assistant General Counsel for General Law, GC-77, U.S. 
Department of Energy, 1000 Independence Ave., SW., Washington, DC 
20585, (202) 586-8618; William A. Lewis, Jr., Deputy Director, Office 
of Civil Rights and Diversity, ED-4, U.S. Department of Energy, 1000 
Independence Ave., SW., Washington, DC 20585, (202) 586-6530.

SUPPLEMENTARY INFORMATION: This notice proposes two amendments to DOE-3 
Employee Concerns Program Records. The first amendment concerns Routine 
Use  5, which allows a record to be disclosed as a routine use 
to DOE contractors in the performance of their contracts and to their 
respective officers and employees who have a need for the record in the 
performance of their duties. This notice proposes to add a similar 
sentence allowing a record to be disclosed as a routine use to the 
Nuclear Regulatory Commission and its respective officers and employees 
who have a need for the record in the performance of their duties. 
Disclosure

[[Page 41692]]

to the NRC is pursuant to the NRC's regulatory oversight over some of 
DOE's activities and is compatible with the purpose for which the 
information is being collected and maintained, i.e., to ensure that DOE 
provides an avenue through which DOE workers may raise concerns 
relating to the safe and sound operation of DOE facilities. The second 
amendment adds the following system location: U.S. Department of 
Energy, Bonneville Power Administration, P.O. Box 3621, Portland, OR 
97208. DOE is submitting the report required by OMB Circular A-130 
concurrently with the publication of this notice. The text of this 
notice contains information required by the Privacy Act, 5 U.S.C. 
552a(e)(4).

    Issued in Washington, DC, on August 11, 2009.
Ingrid Kolb,
Director, Office of Management and Budget.
DOE-3

SYSTEM NAME:
    Employee Concerns Program Records.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION(S):
    U.S. Department of Energy, Headquarters, 1000 Independence Avenue, 
SW., Washington, DC 20585.
    U.S. Department of Energy, NNSA Service Center Albuquerque, P.O. 
Box 5400, Albuquerque, NM 87185-5400.
    U.S. Department of Energy, NNSA Naval Reactors Field Office, 
Pittsburgh Naval Reactors, P.O. Box 109, West Mifflin, PA 15122-0109.
    U.S. Department of Energy, Office of Science, Chicago Office, 9800 
South Cass Avenue, Argonne, IL 60439.
    U.S. Department of Energy, Idaho Operations Office, 1955 Fremont 
Avenue, Idaho Falls, ID 83415.
    U.S. Department of Energy, NNSA Nevada Site Office, P.O. Box 98518, 
Las Vegas, NV 89193-8518.
    U.S. Department of Energy, National Energy Technology Laboratory, 
P.O. Box 10940, 626 Cochrans Mill Road, Pittsburgh, PA 15236.
    U.S. Department of Energy, National Energy Technology Laboratory 
(Morgantown), P.O. Box 880, Morgantown, WV 26507-0880.
    U.S. Department of Energy, National Energy Technology Laboratory 
(Tulsa), One West Third Street, Suite 1400.
    U.S. Department of Energy, National Energy Technology Laboratory 
(Alaska) 2175 University Avenue South, Suite 201, Fairbanks, AK 99709.
    U.S. Department of Energy, National Energy Technology Laboratory, 
1450 Queen Avenue, SW., Albany, OR 97321-2198.
    U.S. Department of Energy, Office of Science, Oak Ridge Office, 
P.O. Box 2001, Oak Ridge, TN 37831.
    U.S. Department of Energy, Environmental Management Consolidated 
Business Center (EMCBC), 250 E. Fifth Street, Cincinnati, OH 45202.
    U.S. Department of Energy, Office of River Protection, P.O. Box 
550, MS A1-61, Richland, WA 99352.
    U.S. Department of Energy, Richland Operations Office, P.O. Box 
550, Richland, WA 99352.
    U.S. Department of Energy, Savannah River Operations Office, P.O. 
Box A, Aiken, SC 29801.
    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, Southwestern Power Administration, 
Williams Tower One, One West Third Street, Tulsa, OK 74103.
    U.S. Department of Energy, Western Area Power Administration, P.O. 
Box 281213, Lakewood, CO 80228-8213.
    U.S. Department of Energy, Bonneville Power Administration, P.O. 
Box 3621 Portland, OR 97208.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Current and former DOE employees including National Nuclear 
Security Administration (NNSA) employees and DOE contractor and 
subcontractor employees who file concerns or complaints with the DOE 
Employee Concerns Program offices.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Employee concerns, informal whistleblower reprisal complaints, 
names, social security numbers, work and home addresses and telephone 
numbers, job titles, series, grade or pay levels; organization; 
supervisors' names and telephone numbers; copies of employee records 
such as personnel actions, performance appraisals, pay and leave 
records and security clearance documents; management reports; witness 
statements; affidavits; checklists; notes; and relevant correspondence.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.; 42 U.S.C. 2201(p); 
42 U.S.C. 7254; 42 U.S.C. 5801(a).

RETRIEVABILITY:
    Records are retrieved by name and/or Social Security number.

PURPOSE(S):
    For those records described in Categories of Records in the System, 
such records are maintained and used by the Department to document and 
resolve employee concerns about environmental, safety and health 
issues, employee-supervisor relations, work processes and practices, 
and other work-related issues.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
USERS AND THE PURPOSES OF SUCH USES:
    1. A record from this system may be disclosed as a routine use to 
union officials acting in their official capacity as a representative 
of the grievant or affected employees under 5 U.S.C. Chapter 71.
    2. 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 of Congress 
with respect to the subject matter of the record. The member of 
Congress must provide a copy of the constituent's request for 
assistance.
    3. A record from the system may be disclosed as a routine use to 
the appropriate local, State or Federal agency when records alone or in 
conjunction with other information, indicates 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.
    4. 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) a person representing the 
Department or assisting in such representation; (2) others involved in 
the matter, their representatives and persons assisting such persons; 
and (3) witnesses, potential witnesses, their representatives and 
assistants, and any other persons possessing information pertaining to 
the matter when it is necessary to obtain information or testimony 
relevant to the matter.
    5. 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. A record from this system may also be disclosed as a 
routine use to the Nuclear Regulatory Commission and its

[[Page 41693]]

officers and employees who have a need for the record in the 
performance of their duties. Recipients of this information pursuant to 
this routine use are subject to the same limitations applicable to 
Department officers and employees under the Privacy Act.
    6. A record from this system may be disclosed as a routine use when 
(1) it is suspected or confirmed that the security or confidentiality 
of information in the system of records has been compromised; (2) the 
Department 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 integrity 
of this system or other systems or programs (whether maintained by the 
Department or another agency or entity) that rely upon the compromised 
information; and (3) the disclosure is made to such agencies, entities, 
and persons who are reasonably necessary to assist in connection with 
the Department's efforts to respond to the suspected or confirmed 
compromise and prevent, minimize, or remedy such harm.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records may be stored as paper records and electronic media.

RETRIEVABILITY:
    Records are retrieved by the name of the concerned employee or 
complainant or other personal identifier, such as social security 
number.

SAFEGUARDS:
    Paper records are maintained in locked cabinets and desks. 
Electronic records are controlled through established DOE computer 
center procedures (personnel screening and physical security), and they 
are password protected. Access is limited to those whose official 
duties require access to the records.

RETENTION AND DISPOSAL:
    Records retention and disposal authorities are contained in the 
National Archives and Records Administration (NARA) General Records 
Schedule and DOE records schedules that have been approved by NARA.

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

NOTIFICATION PROCEDURES:
    In accordance with the DOE regulation implementing the Privacy Act, 
at Title 10, Code of Federal Regulations, Part 1008, a request by an 
individual to determine if a system of records contains information 
about him/her should be directed to the U S. Department of Energy, 
Headquarters, Privacy Act Officer, or the Privacy Act Officer at the 
appropriate address identified above under ``System Locations.'' For 
records maintained by Laboratories or Field Site Offices, the request 
should be directed to the Privacy Act Officer for the site that has 
jurisdiction over the ``System Location'' as listed in the Correlation. 
The request should include the requester's complete name, time period 
for which records are sought, and the office location(s) where the 
requester believes the records are located.

RECORDS ACCESS PROCEDURES:
    Same as Notification Procedures above. Records generally are kept 
at locations where the work is performed. In accordance with the DOE 
Privacy Act regulation, proper identification is required before a 
request is processed.

CONTESTING RECORD PROCEDURES:
    Same as Notification Procedures above.

RECORD SOURCE CATEGORIES:
    The concerned employee or complainant; applicable management 
officials; program office records; and congressional offices.

SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    The system is exempt under subsections 552a(k)(1), (2) and (5) of 
the Privacy Act to the extent that information within the system meets 
the criteria of those subsections of the Act. Such information has been 
exempted from the provisions of subsections (c)(3); 5 U.S.C. Sec. 
552a(d); 5 U.S.C. 552a(e)(1) of the Act; see the Department's Privacy 
Act regulation at 10 CFR Part 1008.

[FR Doc. E9-19768 Filed 8-17-09; 8:45 am]
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