Notice2024-20839
Privacy Act of 1974; System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 20, 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 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.
Full Text
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<title>Federal Register, Volume 89 Issue 183 (Friday, September 20, 2024)</title>
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[Federal Register Volume 89, Number 183 (Friday, September 20, 2024)]
[Notices]
[Pages 77116-77119]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20839]
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DEPARTMENT OF ENERGY
Privacy Act of 1974; System of Records
AGENCY: U.S. Department of Energy.
ACTION: Notice of a new 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 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
<a href="/cdn-cgi/l/email-protection#4f3f3d26392e2c360f273e612b202a61282039"><span class="__cf_email__" data-cfemail="1b6b69726d7a78625b736a357f747e357c746d">[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, or by facsimile at (202) 586-8151, by email at
<a href="/cdn-cgi/l/email-protection#a3d3d1cad5c2c0dae3cbd28dc7ccc68dc4ccd5"><span class="__cf_email__" data-cfemail="7c0c0e150a1d1f053c140d52181319521b130a">[email protected]</span></a>, 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:
<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 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
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