Privacy Act of 1974; System of Records, 77116-77119 [2024-20839]

Agencies

• DEPARTMENT OF ENERGY

[Federal Register Volume 89, Number 183 (Friday, September 20, 2024)]
[Notices]
[Pages 77116-77119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20839]


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

DEPARTMENT OF ENERGY


Privacy Act of 1974; System of Records

AGENCY: U.S. Department of Energy.

ACTION: Notice of a new 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 newly 
established Privacy Act system of records. DOE proposes to establish 
System of Records DOE-42 Nondiscrimination in Federally Assisted 
Programs Files. This System contains information on individuals who 
engage with entities that may receive Federal financial assistance 
(FFA) from the Department. The information is necessary to ensure the 
programs and activities of entities that receive FFA comply with 
Federal civil rights laws prohibiting discrimination against any 
individual on the basis of race, color, national origin, sex, 
disability, or age. The information is used by the DOE's Office of 
Energy Justice and Equity's, Office of Civil Rights and Equal 
Employment Opportunity (OCR-EEO) to fulfill the requirements outlined 
in Federal law.

DATES: This System of Records Notice (SORN) will become applicable 
following the end of the public comment period on October 21, 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 by telephone at (240) 686-9485.

SUPPLEMENTARY INFORMATION: System of Records DOE-42 Nondiscrimination 
in Federally Assisted Programs Files is maintained by the U.S. 
Department of Energy (Department) Office of Energy Justice and Equity, 
Office of Civil Rights and Equal Employment Opportunity (OCR-EEO). This 
system provides a central electronic repository to: (i) maintain all 
records used by OCR-EEO personnel in making Federal civil rights 
compliance determinations with accuracy, relevance, timeliness, and 
completeness to assure fairness to the individual(s) in the 
determination; (ii) create appropriate administrative, technical, and 
physical safeguards that ensure the security and confidentiality of 
records and protect against any anticipated threats or hazards to their 
security or integrity and; (iii) create rules of conduct for authorized 
OCR-EEO personnel involved in the operation, maintenance, and routine 
uses for this system records.

SYSTEM NAME AND NUMBER:
    DOE-42 Nondiscrimination in Federally Assisted Program Files.

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, 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, Environmental Management Consolidated 
Business Center (EMCBC), 550 Main Street, Room 7-010, Cincinnati, OH 
45202.
    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, National Energy Technology Laboratory 
(Pittsburgh), 626 Cochran Mill Road, Pittsburgh, PA 15236.
    U.S. Department of Energy, National Energy Technology Laboratory 
(Morgantown), 3610 Collins Ferry Road, Morgantown, WV 26505.
    U.S. Department of Energy, National Energy Technology Laboratory 
(Albany), 1450 Queen Avenue SW, Albany, OR 97321.
    U.S. Department of Energy, Office of Science, Consolidated Service 
Center, P.O. Box 2001, Oak Ridge, TN 37831.
    U.S. Department of Energy, Hanford Field Office, P.O. Box 550, 
Richland, WA 99352.
    U.S. Department of Energy, Southeastern Power Administration, 1166 
Athens Tech Road, Elberton, GA 30635-6711.
    U.S. Department of Energy, Southwestern Power Administration, One 
West Third Street, Suite 1500, Tulsa, OK 74103.
    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: Office of Civil Rights and Equal Employment 
Opportunity

[[Page 77117]]

(OCR-EEO), U.S. Department of Energy, 1000 Independence Avenue SW, 
Washington, DC 20585.
    Field Offices: Office of Civil Rights and Equal Employment 
Opportunity (OCR-EEO) at the ``System Locations'' listed above are the 
system managers for their respective portions of this system.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq., 
(Title VI) and implementing regulations at 10 CFR part 1040, subparts A 
and B; Section 504 of the Rehabilitation Act of 1973, as amended, 29 
U.S.C. 794 and implementing regulations at 10 CFR part 1040, subpart D; 
The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., 
and implementing regulations at 10 CFR part 1040, subpart E; Section 16 
of the Federal Energy Administration Act of 1974, as amended, Public 
Law 93-275; Section 401 of the Energy Reorganization Act of 1974, Pub. 
L. 93-438; Title IX of the Education Amendments of 1972, as amended, 20 
U.S.C. 1681 et seq. (Title IX) and implementing regulations at 10 CFR 
part 1042; Title VIII of the Civil Rights Act of 1968, Public Law 90-
284.

PURPOSE(S) OF THE SYSTEM:
    The Office of Civil Rights and Equal Employment Opportunity (OCR-
EEO) maintains the DOE-42 System of Records for the following purposes:
    1. Pre-award Review: Prior to award, and as a condition of 
approval, applications for Federal financial assistance (FFA) are 
subject to review by OCR-EEO. The basis for an OCR-EEO pre-award review 
is the submission of assurances by FFA applicants, agreeing that their 
programs and activities will be operated in compliance with Federal 
civil rights laws and Department regulations. Where a determination of 
compliance cannot be made from such assurances, OCR-EEO may require FFA 
applicants to submit additional information and may take other steps 
necessary to make a compliance determination.
    2. Compliance Information: Each FFA recipient must submit timely, 
complete, and accurate reports as OCR-EEO may deem necessary to 
determine whether the programs and activities of the FFA recipient 
comply with Federal civil rights laws and Department regulations. 
Generally, FFA recipients must have data available on program 
participants, as well as any subrecipients and subcontractors to which 
it extends its FFA. The FFA recipient also may be required to permit 
OCR-EEO access to other sources of information necessary to ascertain 
its compliance with Federal civil rights laws and Department 
regulations.
    3. Complaint investigations: When OCR-EEO receives a formal 
complaint or equivalent correspondence alleging discrimination in any 
program or activity operated by any entity to which the Department may 
have extended FFA, OCR-EEO may need to collect information from or 
about individuals in order to: (1) determine whether the Department has 
jurisdiction over the alleged discriminating entity; (2) if 
jurisdiction is not found, refer the complaint to the Federal agency 
with jurisdiction wherever possible; (3) if jurisdiction is found, 
notify the alleged discriminating entity (FFA recipient) of OCR-EEO's 
receipt of the complaint, the nature of the complaint, and with written 
consent of the complainant(s) or OCR-EEO authority, the identity of the 
complainant(s); (4) identify the FFA recipient programs or activities 
affected by the complaint; (5) provide an opportunity for the FFA 
recipient to respond to, rebut, or deny the allegations made in the 
complaint; (6) maintain a schedule under which the complaint will be 
investigated; (7) conduct an investigation and issue preliminary 
findings; (8) make recommendations and engage in negotiations to 
achieve voluntary compliance by the FFA recipient; (9) memorialize any 
agreement by the FFA recipient to achieve voluntary compliance, with 
corresponding notification to the complainant(s), and; (10) record any 
other means authorized by law to effect compliance by the FFA 
recipient.
    4. Compliance Reviews: OCR-EEO periodically conducts compliance 
reviews of FFA recipients, and accordingly, may collect information 
from or about individuals in order to: (1) select FFA recipients for 
review; (2) determine the practices to be reviewed; (3) determine the 
programs or activities affected by the review; (4) provide an 
opportunity for FFA recipients to explain, validate, or otherwise 
address the practices under review; (5) maintain a schedule under which 
the reviews will be conducted; (6) conduct the reviews and issue 
preliminary findings; (7) make recommendations and engage in 
negotiations to achieve voluntary compliance by FFA recipients; (8) 
memorialize any agreement with FFA recipients to achieve voluntary 
compliance and; (9) record any other means authorized by law to effect 
compliance by FFA recipients.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system maintains information on: (1) Individuals affiliated 
with FFA applicants and FFA recipients, subrecipients, licensees, and 
contractors; (2) Individuals who apply to, participate in, benefit 
from, or otherwise engage with programs or activities operated by FFA 
applicants and FFA recipients; (3) Complainants, subjects, victims, 
witnesses, parents/legal guardians, advocates or other authorized 
representatives, and (4) Individuals to whom the Department provides 
technical assistance due to their limited English proficiency or need 
for reasonable accommodation due to disability.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Categories of records in this system relate to OCR-EEO pre-award 
reviews, complaint investigations, compliance reviews and technical 
assistance, for which, information about individuals includes but is 
not limited to: full name, street address, telephone number, email 
address, academic record, employment record, occupational status, 
demographic data (race, color, national origin, sex, disability, age), 
parental/marital status, household/housing status, income level, and 
energy access.

RECORD SOURCE CATEGORIES:
    The information maintained in this system is obtained directly from 
the individuals to whom it pertains, or from the parents/legal 
guardians, authorized representatives, or advocates thereof, or 
participants, candidates, beneficiaries, licensees, contractors, or 
third parties engaged with programs and activities operated by any 
entities that may receive Federal financial assistance (FFA) from the 
Department. Information may also be obtained directly from entities 
(FFA applicants and FFA recipients), which can include an 
instrumentality of state or local government, institution of higher 
education, corporation, partnership, sole proprietorship, other private 
organization, or any combination thereof.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    Any disclosures of information from this system of records will be 
compatible with the purpose for which OCR-EEO collects the information. 
Information from this system may be disclosed to the individual to whom 
it pertains, or: (1) to the individual's next-of kin, parent, guardian, 
or emergency contact in the event of a mishap

[[Page 77118]]

involving that individual; (2) to the public about an individual's 
involvement with OCR-EEO with the written consent of that individual; 
or (3) in accordance with OCR-EEO standard routine uses as follows:
    1. A record from this 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.
    2. 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 
the investigation, settlement, and litigation, and their authorized 
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.
    3. 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 
contractor 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.
    4. 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.
    5. 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.
    6. 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.
    7. A record from this system may be disclosed as a routine use to a 
federal, state, or local agency maintaining civil, criminal, or other 
relevant enforcement information or other pertinent information, such 
as current licenses, if necessary to obtain information relevant to an 
agency decision concerning the hiring or retention of an employee, the 
issuance of a security clearance, the letting of a contract, or the 
issuance of a license, grant, or other benefit.
    8. A record from this system may be disclosed as a routine use for 
the production of descriptive and inferential statistics and analytical 
studies in support of the function for which the records are collected 
and maintained.
    9. A record from this system may be disclosed as a routine use to 
the Equal Employment Opportunity Commission (EEOC) when requested in 
connection with the employment policies and practices of recipients of 
Federal financial assistance.
    10. A record from this system may be disclosed as a routine use to 
a Member of Congress in response to an inquiry of the Congressional 
office made at the request of the individual about whom the record is 
maintained.
    11. A record from this system may be disclosed as a routine use to 
representatives of the General Services Administration and the National 
Archives and Records Administration (NARA) during the course of records 
management inspections conducted under the authority of 44 U.S.C. 2904 
and 2906.
    12. A record from this system may be disclosed as a routine use to 
the U.S. Department of Justice or the Office of Management and Budget 
(OMB) if OCR-EEO determines that disclosure is desirable or necessary 
in determining whether particular records are required to be disclosed 
under the FOIA or the Privacy Act.
    13. A record from this system may be disclosed as a routine use to 
the news media and the public when: (1) a matter has become public 
knowledge; (2) OCR-EEO determines that disclosure is necessary to 
preserve confidence in the integrity of OCR-EEO or is necessary to 
demonstrate the accountability of OCR-EEO's officers, employees, or 
individuals covered by this system; or (3) OCR-EEO determines that 
there exists a legitimate public interest in the disclosure of the 
information, except to the extent that OCR-EEO determines in any of 
these situations that disclosure of specific information in the context 
of a particular case would constitute an unwarranted invasion of 
personal privacy.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    The records in this system consist of electronic media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records may be retrieved from the system by one or more personal 
identifiers, including, but not limited to: individual last name, 
telephone number, email address, street address, Data Universal 
Numbering System (DUNS), complaint number, or other unique identifier.

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 records. 
Records in this system are currently unscheduled, which requires the 
records to be retained as permanent until NARA approves a DOE Records 
Disposition Schedule.

[[Page 77119]]

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 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 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:
    The system is exempt under subsections 552a(k)(2) 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. 552a(d) and (e)(1) 
of the Act; see the DOE Privacy Act regulation at 10 CFR part 1008.

HISTORY:
    This notice proposes to establish DOE-42 Nondiscrimination in 
Federally Assisted Program Files as a new system of records. There has 
been no previous publication in the Federal Register pertaining to this 
system of records.

Signing Authority
    This document of the Department of Energy was signed on September 
9, 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 September 10, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-20839 Filed 9-19-24; 8:45 am]
 BILLING CODE 6450-01-P