Notice2024-28091
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
December 2, 2024
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Abstract
In accordance with the Privacy Act of 1974, all agencies are required to publish in the Federal Register a notice of their systems of records. Notice is hereby given that the Federal Energy Regulatory Commission (FERC) is publishing a notice of modifications to an existing FERC system of records titled "Federal Personnel and Payroll Records (FERC-57)" previously titled "Federal Personnel and Payroll System (FPPS)."
Full Text
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<title>Federal Register, Volume 89 Issue 231 (Monday, December 2, 2024)</title>
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[Federal Register Volume 89, Number 231 (Monday, December 2, 2024)]
[Notices]
[Pages 95204-95206]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28091]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
Privacy Act of 1974; System of Records
AGENCY: Federal Energy Regulatory Commission (FERC), Department of
Energy (DOE).
ACTION: Notice of a modified system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, all agencies are
required to publish in the Federal Register a notice of their systems
of records. Notice is hereby given that the Federal Energy Regulatory
Commission (FERC) is publishing a notice of modifications to an
existing FERC system of records titled ``Federal Personnel and Payroll
Records (FERC-57)'' previously titled ``Federal Personnel and Payroll
System (FPPS).''
DATES: Comments on this modified system of records must be received no
later than 30 days after date of publication in the Federal Register.
If no public comment is received during the period allowed for comment
or unless otherwise published in the Federal Register by FERC, the
modified system of records will become effective a minimum of 30 days
after date of publication in the Federal Register. If FERC receives
public comments, FERC shall review the comments to determine whether
any changes to the notice are necessary.
ADDRESSES: Comments should be submitted in writing to Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426 or
electronically to <a href="/cdn-cgi/l/email-protection#bbcbc9d2cddad8c2fbdddec9d895dcd4cd"><span class="__cf_email__" data-cfemail="cfbfbda6b9aeacb68fa9aabdace1a8a0b9">[email protected]</span></a>. Comments should indicate that they
are submitted in response to ``Federal Personnel and Payroll Records
(FERC-57)''.
FOR FURTHER INFORMATION CONTACT: Mittal Desai, Chief Information
Officer & Senior Agency Official for Privacy, Office of the Executive
Director, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426, <a href="/cdn-cgi/l/email-protection#c4b4b6adb2a5a7bd84a2a1b6a7eaa3abb2"><span class="__cf_email__" data-cfemail="215153485740425861474453420f464e57">[email protected]</span></a>, (202) 502-6832.
SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974,
and to comply with the Office of Management and Budget (OMB) Memorandum
M-17-12, ``Preparing for and Responding to a Breach of Personally
Identifiable Information,'' January 3, 2017, this notice has twelve
(12) new routine uses (routine uses 1-12), including two routine uses
that will permit FERC to disclose information as necessary in response
to an actual or suspected breach that pertains to a breach of its own
records or to assist another agency in its efforts to respond to a
breach that was previously published separately at 87 FR 35543 (June
10, 2022).
The following sections have been updated to reflect changes made
since the publication of the last notice in the Federal Register:
dates; addresses; for further contact information; system name and
number; system location; purpose of the system; categories of
individuals covered by the system; categories of records in the system;
record source categories; routine uses of records maintained in the
system, including categories of users and the purpose of such; policies
and practices for storage of records; policies and practices for
retrieval of records; policies and practices for retention and disposal
of records; administrative, technical, physical safeguards; records
access procedures; contesting records procedures; notification
procedures; and history.
SYSTEM NAME AND NUMBER:
Federal Personnel and Payroll Records (FERC-57).
SECURITY CLASSIFCATION:
Unclassified.
SYSTEM LOCATION:
Interior Business Center, U.S. Department of the Interior, One
Denver Federal Center, Bldg. 48, Denver, CO 80225.
Human Resources Division, Office of the Executive Director, Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426.
SYSTEM MANAGER(S):
Director, Human Resources Division, Office of the Executive
Director, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426, (202) 502-6852.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 2951, 5 U.S.C. 5101 et seq.
PURPOSE(S) OF THE SYSTEM:
The main purpose of the system is to provide personnel and payroll
support and workforce management including: salary and benefits
payment; and time, attendance, leave, other absences tracking and
reporting. The system is used to create and generate the full life
cycle of personnel transactions including, but not limited to,
personnel actions, vacancy announcements, candidate processing and
interviews, new hire tracking, specialized pay, garnishments, and
appointment programs.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The following categories of individuals are covered by the system:
current and former employees and their beneficiaries; and candidates
for employment.
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in the system are: name; citizenship;
gender; date of birth; marital status; other names; social security
number (SSN); legal status; place of birth; security clearance;
financial information; disability information; education information;
race/ethnicity; driver's license; personal cellphone number; personal
email address; home telephone
[[Page 95205]]
number; child or dependent information; employment information;
military status/service; mailing/home address; taxpayer identification
number (TIN); bank account information such as routing and account
numbers; beneficiary information such as name, date of birth, address,
telephone number, SSN, and relationship; family member and dependents
information; professional licensing and credentials; family
relationships; age; involuntary debt (garnishments or child support
payments); court order information; back pay information; user ID; time
and attendance data; leave time information; Employee Common Identifier
(ECI); pay rate; grade; length of service; and deductions.
RECORD SOURCE CATEGORIES:
Records are obtained from FERC employees, supervisors, timekeepers,
previous employers, the Internal Revenue Service and State tax
agencies, the Department of the Treasury, other Federal agencies,
courts, State child support agencies, employing agency accounting
offices, and third-party benefit providers.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, information maintained in this system may
be disclosed to authorized entities outside FERC for purposes
determined to be relevant and necessary as a routine use pursuant to 5
U.S.C. 552a(b)(3) as follows:
1. To appropriate agencies, entities, and persons when (1) FERC
suspects or has confirmed that there has been a breach of the system of
records; (2) FERC has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, the Commission
(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 Commission's efforts to respond to the
suspected or confirmed breach or to prevent, minimize, or remedy such
harm.
2. To another Federal agency or Federal entity, when FERC
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.
3. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of that individual.
4. To the Equal Employment Opportunity Commission (EEOC) when
requested in connection with investigations of alleged or possible
discriminatory practices, examination of Federal affirmative employment
programs, or other functions of the Commission as authorized by law or
regulation.
5. To the Federal Labor Relations Authority or its General Counsel
when requested in connection with investigations of allegations of
unfair labor practices or matters before the Federal Service Impasses
Panel.
6. To disclose information to another Federal agency, to a court,
or a party in litigation before a court or in an administrative
proceeding being conducted by a Federal agency, when the Government is
a party to the judicial or administrative proceeding. In those cases
where the Government is not a party to the proceeding, records may be
disclosed if a subpoena has been signed by a judge.
7. To the Department of Justice (DOJ) for its use in providing
legal advice to FERC or in representing FERC in a proceeding before a
court, adjudicative body, or other administrative body, where the use
of such information by the DOJ is deemed by FERC to be relevant and
necessary to the advice or proceeding, and such proceeding names as a
party in interest: (a) FERC; (b) any employee of FERC in his or her
official capacity; (c) any employee of FERC in his or her individual
capacity where DOJ has agreed to represent the employee; or (d) the
United States, where FERC determines that litigation is likely to
affect FERC or any of its components.
8. To non-Federal Personnel, such as contractors, agents, or other
authorized individuals performing work on a contract, service,
cooperative agreement, job, or other activity on behalf of FERC or
Federal Government and who have a need to access the information in the
performance of their duties or activities.
9. To the National Archives and Records Administration in records
management inspections and its role as Archivist.
10. To the Merit Systems Protection Board or the Board's Office of
the Special Counsel, when relevant information is requested in
connection with appeals, special studies of the civil service and other
merit systems, review of OPM rules and regulations, and investigations
of alleged or possible prohibited personnel practices.
11. To appropriate Federal, State, or local agency responsible for
investigating, prosecuting, enforcing, or implementing a statute, rule,
regulation, or order, if the information may be relevant to a potential
violation of civil or criminal law, rule, regulation, order.
12. To appropriate agencies, entities, and person(s) that are a
party to a dispute, when FERC determines that information from this
system of records is reasonably necessary for the recipient to assist
with the resolution of the dispute; the name, address, telephone
number, email address, and affiliation; of the agency, entity, and/or
person(s) seeking and/or participating in dispute resolution services,
where appropriate.
13. To consumer reporting agencies as defined in the Fair Credit
Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Act of 1966
(31 U.S.C. 3701(a)(3)).
14. To the Commission's parent agency, the Department of Energy
(DOE) for reporting purposes; as well as individuals, entities, and
agencies identified in:
(a) Payroll, Attendance, Retirement, and Leave Records--Interior,
DOI-85.
(b) Interior Personnel Records--Interior, DOI-79.
(c) General Personnel Records--OPM, OPM/GOVT-1.
POLICIES AND PRACTICES FOR THE STORAGE OF RECORDS:
Records are stored in paper and electronic form. All FERC employees
and contractors with authorized access have undergone a thorough
background security investigation. Paper records are stored in a
lockable file cabinet. Data access is restricted to agency personnel or
contractors whose responsibilities require access. Access to electronic
records is controlled by the organization's Single Sign-On and Multi-
Factor Authentication Solution. Role based access is used to restrict
electronic data access and the organization employs the principle of
least privilege, allowing only authorized users with access (or
processes acting on behalf of users) necessary to accomplish assigned
tasks in accordance with organizational missions and business
functions.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by employee identification such as name,
SSN, and ECI.
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POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained in accordance with the applicable National
Archives and Records Administration Schedules, with the following
applicable General Records Schedules:
(1.) General Records Schedule (GRS) 2.2: Employee Management
Records, Item 030, DAA-GRS-2017-0007-0003. Temporary. Destroy when 2
years old or 2 years after award is approved or disapproved, whichever
is later, but longer retention is authorized if required for business
use.
(2.) General Records Schedule (GRS) 2.2: Employee Management
Records, Item 040, DAA-GRS-2017-0007-0004. Temporary. Destroy when
survivor or retirement claims are adjudicated or when records are 129
years old, whichever is sooner, but longer retention is authorized if
required for business use.
(3.) General Records Schedule (GRS) 2.2: Employee Management
Records, Item 041, DAA-GRS-2017-0007-0005. Temporary. Destroy when
superseded or obsolete, or upon separation or transfer of employee,
whichever is earlier.
(4.) General Records Schedule (GRS) 2.4: Employee Compensation and
Benefits Records, Item 050, DAA-GRS-2018-0002-0005. Temporary. Destroy
7 years after case is closed or final settlement on appeal, as
appropriate, but longer retention is authorized if required for
business use.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Authorized users complete the Rules of Behavior for HR Access,
which provides guidance on the user's roles and responsibilities.
Security controls used to protect personal sensitive data are
commensurate with those required for an information system rated
moderate for confidentiality, integrity, and availability, as
prescribed in NIST Special Publication, 800-53, ``Recommended Security
Controls for Federal Information Systems,'' Revision 5. FERC personnel
are required to complete annual agency Information Security and Privacy
training. FERC personnel are instructed to lock their computers when
they leave their desks. Electronic records are restricted to authorized
users with appropriate security privileges, including the use of 2-
factor PIV Card authentication. Web-based connections are VPN encrypted
sessions between FERC and DOI. Access to electronic records is
controlled by the organization's Single Sign-On and Multi-Factor
Authentication Solution. The database is maintained behind a firewall.
These records are maintained in controlled access areas. Identification
cards are verified to ensure that only authorized personnel can access
the records.
RECORD ACCESS PROCEDURES:
Individuals requesting access to the contents of records must
submit a request through the Freedom of Information Act (FOIA) office.
The FOIA website is located at: <a href="https://www.ferc.gov/foia">https://www.ferc.gov/foia</a>. Requests may
be submitted through the following portal: <a href="https://www.ferc.gov/enforcement-legal/foia/electronic-foia-privacy-act-request-form">https://www.ferc.gov/enforcement-legal/foia/electronic-foia-privacy-act-request-form</a>.
Written requests for access to records should be directed to: Director,
Office of External Affair, Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426.
CONTESTING RECORD PROCEDURES:
See Records Access procedures.
NOTIFICATION PROCEDURES:
Generalized notice is provided by the publication of this notice.
For specific notice, see Records Access Procedure, above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
74 FR 57308 (November 5, 2009).
Dated: November 22, 2024.
Debbie-Anne A. Reese,
Secretary.
[FR Doc. 2024-28091 Filed 11-29-24; 8:45 am]
BILLING CODE 6717-01-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.