Privacy Act of 1974; System of Records, 83468-83471 [2024-23780]

Agencies

• DEPARTMENT OF ENERGY

[Federal Register Volume 89, Number 200 (Wednesday, October 16, 2024)]
[Notices]
[Pages 83468-83471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23780]


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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-2 DOE-Personnel Supervisor Maintained 
Personnel Records. This System of Records Notice (SORN) is being 
modified to align with new formatting requirements, published by the 
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 November 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, 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-

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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: On January 9, 2009, DOE published a 
Compilation of its Privacy Act systems of records, which included 
System of Records DOE-2 DOE-Personnel Supervisor Maintained Personnel 
Records. For clarity, this notice proposes to change the name of the 
SORN to Supervisor-Maintained Personnel Records. It removes System 
Locations where DOE-2 is no longer applicable. These locations are as 
follows: Alaska Power Administration and Southeastern Power 
Administration. Moreover, the National Nuclear Security 
Administration's (NNSA) Nevada Site Office and Naval Reactors Field 
Offices in Pittsburgh and Schenectady have been removed. Addresses for 
the National Energy Technology Laboratory's (NETL) sites in Pittsburgh, 
Morgantown, and Albany have been updated. Addresses for NETL's site in 
Oklahoma has been removed as it no longer requires coverage. The Office 
of River Protection/Richland Operations Office, Environmental 
Management Consolidated Business Center, and Southwestern Power 
Administration addresses have been updated. 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. Several categories have been 
added to the ``Categories of Records in the System.'' These include 
work email address, place of birth, employment/HR information (GS grade 
and step, tenure, performance ratings, performance history, and 
employee number); telework agreements, military orders, work schedule 
agreements, records pertaining to reasonable accommodation requests, 
sick-leave related medical documentation, and individual development 
plans. 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-2 Supervisor-Maintained Personnel Records.

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 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, Office of Science, Chicago Office, 
Consolidated Service Center, 9800 South Cass Avenue, Lemont, IL 60439.
    U.S. Department of Energy, Office of Science, Consolidated Service 
Center, P.O. Box 2001, Oak Ridge, TN 37831.
    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, Environmental Management Consolidated 
Business Center (EMCBC), 550 Main Street, Rm. 7-010, Cincinnati, OH 
45202.
    U.S. Department of Energy, Hanford Field 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, 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 and Field Offices: The immediate supervisor of the 
subject of the record(s).

Authority for Maintenance of the System:
    42 U.S.C. 7101 et seq. and 50 U.S.C. 2401 et seq.

Purpose(s) of the System:
    Records in this system are maintained and used by DOE to maintain a 
file of personnel information that would allow DOE managers to make 
informed personnel and management decisions concerning employees.

Categories of Individuals Covered by the System:
    Current and former DOE employees, including National Nuclear 
Security Administration (NNSA) employees, those who have departed 
within the last year, assigned military or detailee personnel, and 
applicants for employment.

Categories of Records in the System:
    Name, Social Security number, copies and summaries of employment 
history; SF-171; job description; education; address; next of kin; home 
and work telephone numbers; work email address, date of birth; place of 
birth; employment/HR information (GS grade and step, tenure, 
performance ratings, performance history and employee number); telework 
agreements, military orders, work schedule agreements, records 
pertaining to reasonable accommodation requests, sick-leave related 
medical documentation, individual development plans; awards and 
commendations received; participation in professional or community 
activities; training; earnings and leave data; travel actions; 
certification or qualification examinations; injury reports; 
appraisals;

[[Page 83470]]

copy of ADP-produced Form 702; Form 50; assignment records; security 
infraction notices; records of supervisor-employee discussions; 
supervisor observations; reprimands; admonitions; adverse actions; 
commendations; contingency planning data; security clearance status; 
and Government property in employee possession.

Record Source Categories:
    The subject employee, employee's supervisor(s), benefits management 
information, telework/leave requests, employee performance management 
information, personnel action documents, payroll documents, and 
personnel security documents.

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 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.
    2. A record from the 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 paper records or electronic media.

Policies and Practices for Retrieval of Records:
    Records are retrieved by name.

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 
disposition schedule. Records in this system are destroyed once 
superseded or 1 year after the subject employee has separated or 
transferred.

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 title 10 CFR part 
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 of denials relating to records maintained in government-wide 
system of records reported by Office of Personnel Management (OPM), 
shall be filed, as appropriate, with the Assistant Director

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for Agency Compliance and Evaluation, OPM, 1900 E Street NW, 
Washington, DC 20415. All other 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 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 999-
1000, on January 9, 2009.

Signing Authority
    This document of the Department of Energy was signed on October 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 October 9, 2024.
Jennifer Hartzell,
Alternate Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-23780 Filed 10-15-24; 8:45 am]
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