Privacy Act of 1974; System of Records, 104137-104139 [2024-30472]

Agencies

• DEPARTMENT OF ENERGY

[Federal Register Volume 89, Number 245 (Friday, December 20, 2024)]
[Notices]
[Pages 104137-104139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30472]


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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-31 Firearms Qualifications Records. 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.

DATES: This modified SORN will become applicable following the end of 
the public comment period on January 21, 2025 unless comments are 
received that result in a contrary determination.

ADDRESSES: Written comments should be sent 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-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-31 Firearms Qualifications Records. This notice 
proposes the following amendments: National Nuclear Security 
Administration (NNSA) Headquarters has been added as a system location. 
The following addresses have been removed as system locations: NNSA 
Naval Reactors Field Office in Schenectady, New York; NNSA Nevada Site 
Office in Las Vegas, Nevada; Nonproliferation and National Security 
Institute in Albuquerque, New Mexico; Argonne National Laboratory-West 
in Idaho Falls, Idaho; Brookhaven National Laboratory in Upton, New 
York; and Amarillo Site Office in Amarillo, Texas. The following 
addresses have been updated: NNSA John A. Gordon Albuquerque Complex, 
NNSA Los Alamos Site Office, Office of River Protection, Richland 
Operations Office, and both Office of Science locations. 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. This notice 
deletes a duplicative routine use about sharing the records to a 
Federal, state, or local agency in order to obtain information relevant 
to a Departmental 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. This 
routine use continues to be recognized, singularly, as routine use 
number two. 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-31 Firearms Qualification 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.

[[Page 104138]]

    U.S. Department of Energy, NNSA 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, NNSA Naval Reactors Field Office, 
Pittsburgh Naval Reactors, P.O. Box 109, Wet Mifflin, PA 15122-0109.
    U.S. Department of Energy, Kansas City Site Office, P.O. Box 
410202, 2000 E 95th Street, Kansas City, MO 64141-3202.
    U.S. Department of Energy, NNSA Los Alamos Site Office, 2900 E 
Road, Los Alamos, NM 87544.
    U.S. Department of Energy, NNSA Sandia Site Office, 1515 Eubank 
Blvd. SE, Albuquerque, NM 87123.
    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, 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.

SYSTEM MANAGER(S):
    Headquarters: Director, Office of Security Operations, U.S. 
Department of Energy, 1000 Independence Avenue SW, Washington, DC 
20585.
    Field Offices: The Security Directors of the ``System Locations'' 
listed above 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.

PURPOSE(S) OF THE SYSTEM:
    Records in this system are maintained to document DOE protective 
force firearms programs information and training.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    DOE, including NNSA, Federal and contractor employees who are 
required to conduct or to maintain firearms qualification, training, 
and proficiency activities in the performance of their regular duties.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records of an individual's annual qualification scores, approvals 
of arming authority and issue of Security Police Officer and Federal 
Officer Credentials and other firearms accountability and maintenance 
records.

RECORD SOURCE CATEGORIES:
    Arming and arrest credential notifications and firearm 
qualifications results from individuals and training personnel.

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 
the appropriate local, tribal, state, or Federal agency when records, 
alone or in conjunction with other information, which 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 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.
    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 
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) 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.
    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. Those provided information under 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 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.
    7. A record from this system may be disclosed to training, 
administrative, and operations personnel of local law enforcement 
agencies in the performance of their regular duties in order to process 
and to maintain documentation for protective force personnel who have 
been commissioned as reserve officers or deputies.
    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

[[Page 104139]]

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 with a retention of 250 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 or administer the system.

RECORD ACCESS PROCEDURES:
    The Department follows the procedures outlined in title 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:
    None.

HISTORY:
    This SORN was last published in the Federal Register, 74 FR 1030-
1032, on January 9, 2009.

Signing Authority

    This document of the Department of Energy was signed on December 
13, 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 December 17, 2024.
Jennifer Hartzell,
Alternate Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-30472 Filed 12-19-24; 8:45 am]
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