Notice2024-05576
Privacy Act of 1974; System of Records
Primary source
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Published
March 15, 2024
Issuing agencies
Energy Department
Abstract
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-23 Property Accountability System. This System of Records Notice (SORN) is being modified to align with new formatting requirements, published by the Office of Management and Budget, 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.
Full Text
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<title>Federal Register, Volume 89 Issue 52 (Friday, March 15, 2024)</title>
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[Federal Register Volume 89, Number 52 (Friday, March 15, 2024)]
[Notices]
[Pages 18925-18928]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-05576]
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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-23 Property Accountability System. This
System of Records Notice (SORN) is being modified to align with new
formatting requirements, published by the Office of Management and
Budget, 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 April 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 or by facsimile at (202) 586-8151 or by email at
<a href="/cdn-cgi/l/email-protection#9ceceef5eafdffe5dcf4edb2f8f3f9b2fbf3ea"><span class="__cf_email__" data-cfemail="91e1e3f8e7f0f2e8d1f9e0bff5fef4bff6fee7">[email protected]</span></a>.
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
<a href="/cdn-cgi/l/email-protection#6d1d1f041b0c0e142d051c43090208430a021b"><span class="__cf_email__" data-cfemail="08787a617e696b71486079266c676d266f677e">[email protected]</span></a>, 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-23 Property Accountability System. This notice
[[Page 18926]]
proposes amendments to the System Locations section of that System of
Records by removing four System Locations where DOE-23 is no longer
applicable. These locations are as follows: Bonneville Power
Administration, the National Energy Technology Laboratory, Southeastern
Area Power Administration, and Western Area Power Administration. 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.
Additionally, the routine use formerly numbered six has been
determined to be duplicative and therefore has been deleted. This
routine use is covered by that which is currently numbered five. From
the ``Categories of Records in the System'' section, the following
elements have been removed: operation number, high risk field, disposal
code, the name and employee identification and position numbers of
employees' assigned equipment, account numbers, and user activity on
device. To this section, ``name and phone number of individual to whom
equipment is issued'' and ``name of the Accountable Property
Representative'' have been added to reflect current processes. To
``Categories of Individuals,'' the qualifiers ``current and former''
and ``employees and contractors'' have been added to qualify ``DOE
employees.'' The ``Purpose(s) of the System'' section now includes the
following: ``(f) enable security-related functions in the event that
government property is misused, lost, or stolen.'' 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-23 Property Accountability System.
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, Office of River Protection, P.O. Box
450, Richland, WA 99352.
U.S. Department of Energy, Richland Operations Office, P.O. Box
550, Richland, WA 99352.
U.S. Department of Energy, Southwestern Power Administration, One
West Third Street, Suite 1500, Tulsa, OK 74103.
SYSTEM MANAGER(S):
Headquarters: Director, Office of Management, U.S. Department of
Energy, 1000 Independence Avenue SW, Washington, DC 20585.
Field Offices: The Managers of the ``System Locations'' listed
above are the system managers for their respective portions of the
system.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
42 U.S.C. 7101 et seq.: 50 U.S.C. 2401 et seq.; Federal Property
and Administrative Services Act of 1949, section 202(b), 40 U.S.C.
483(b); and 41 CFR part 109, Federal Property Management Regulation
(FPMR), subchapter E, part 109.
PURPOSE(S) OF THE SYSTEM:
Records in this system are maintained and used by DOE (a) to
provide inventories to satisfy other Federal Procurement Management
Regulation requirements; (b) to maintain a record of location of
emergency equipment; (c) to control equipment assignments, including
but not limited to those authorized under union contracts; (d) to
provide management information necessary for the budgeting and
allocation of equipment; (e) to provide evidence of assignment,
location, use, and value in the event that government property is
misused, lost or stolen; and (f) enable security-related functions in
the event that government property is misused, lost, or stolen.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current and former DOE employees and contractors, including
National Nuclear Security Administration (NNSA) employees, and
contractor employees, authorized to be custodians of controlled DOE
equipment.
CATEGORIES OF RECORDS IN THE SYSTEM:
Item description, date of purchase, acquire date, purchase price,
purchase order number, vendor and manufacturer, model/serial/license
number, property tag identification, status/date, condition of
property, name and phone number of individual to whom equipment is
issued, name of the Accountable Property Representative, organization,
organization code, and location.
RECORD SOURCE CATEGORIES:
Information in this system comes from the Payroll/Personnel system
application, various internal forms, accountable property
representatives and employees, data processing personnel, supply
officers, and information from use of government property.
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
any law enforcement agency as needed to provide evidence of assignment,
location, and value in the event that government property is stolen.
2. 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, indicate 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.
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
[[Page 18927]]
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) 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
contractors 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 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.
6. 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 DOE officers and
employees under the Privacy Act.
7. 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.
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 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, microfilm, or electronic
media.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by tag number, license number, custodian
name, employee identification number, position number, accounting
information, catalog number, contract number, make, model, security
logon identification, serial number, or storage location.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Retention and disposition of these records are unscheduled. This
requires the records to be retained as permanent until the National
Archives and Records Administration approves the draft schedule, which
will require the records to be retained for 10 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:
<bullet> 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.
<bullet> 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.
<bullet> 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 and/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.
[[Page 18928]]
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 1023-
1024, on January 9, 2009.
Signing Authority
This document of the Department of Energy was signed on January 31,
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 March 12, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-05576 Filed 3-14-24; 8:45 am]
BILLING CODE 6450-01-P
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