Rule2024-29664
Privacy Act of 1974: Implementation of Exemptions
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 17, 2024
Effective
January 16, 2025
Issuing agencies
Energy Department
Abstract
The Department of Energy (DOE or Department) is revising its regulations to exempt certain records maintained under a newly established system of records--DOE-42 Nondiscrimination in Federally Assisted Programs Files--from the notification and access provisions of the Privacy Act of 1974. The Department is exempting portions of this system of records from these subsections of the Privacy Act because of requirements related to investigatory material compiled for law enforcement purposes.
Full Text
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<title>Federal Register, Volume 89 Issue 242 (Tuesday, December 17, 2024)</title>
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[Federal Register Volume 89, Number 242 (Tuesday, December 17, 2024)]
[Rules and Regulations]
[Pages 101850-101854]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29664]
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DEPARTMENT OF ENERGY
10 CFR Part 1008
[DOE-HQ-2024-0084]
RIN 1903-AA16
Privacy Act of 1974: Implementation of Exemptions
AGENCY: U.S. Department of Energy.
ACTION: Final rule.
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SUMMARY: The Department of Energy (DOE or Department) is revising its
regulations to exempt certain records maintained under a newly
established system of records--DOE-42 Nondiscrimination in Federally
Assisted Programs Files--from the notification and access provisions of
the Privacy Act of 1974. The Department is exempting portions of this
system of records from these subsections of the Privacy Act because of
requirements related to investigatory material compiled for law
enforcement purposes.
DATES: This final rule is effective on January 16, 2025.
FOR FURTHER INFORMATION CONTACT: Kyle David, U.S. Department of Energy,
1000 Independence Avenue SW, Office 8H-085, Washington, DC, 20585;
facsimile: (202) 586-8151; email: <a href="/cdn-cgi/l/email-protection#385341545d165c594e515c785049165c575d165f574e"><span class="__cf_email__" data-cfemail="7f1406131a511b1e09161b3f170e511b101a51181009">[email protected]</span></a>; telephone:
(240) 686-9485.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority and Background
A. Authority
B. Background
II. Discussion
III. Summary of Public Comments
IV. Section 1008.12 Analysis
V. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866, 13563, and 14094
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 12988
F. Review Under Executive Order 13132
G. Review Under Executive Order 13175
H. Review Under the Unfunded Mandates Reform Act of 1995
I. Review Under Executive Order 12360
J. Review Under Executive Order 13211
K. Review Under the Treasury and General Government
Appropriations Act, 1999
L. Review Under the Treasury and General Government
Appropriations Act, 2001
M. Congressional Review
VI. Approval by the Office of the Secretary of Energy
I. Authority and Background
A. Authority
DOE has broad authority to manage the agency's collection, use,
processing, maintenance, storage, and disclosure of Personally
Identifiable Information (PII) pursuant to the following authorities:
42 United States Code (U.S.C.) 7101 et seq., 50 U.S.C. 2401 et seq., 5
U.S.C. 1104, 5 U.S.C. 552, 5 U.S.C. 552a, 42 U.S.C. 7254, 5 U.S.C. 301,
and 42 U.S.C. 405 note.
B. Background
The Privacy Act of 1974 (the Act) (5 U.S.C. 552a) embodies fair
information practice principles in a statutory framework governing the
means by which the U.S. Government collects, maintains, uses, and
disseminates personally identifiable information. The Privacy Act
applies to information that is maintained in a ``system of records.'' A
``system of records'' is a group of any records under the control of an
agency from which information is retrieved by the name of the
individual or by some identifying number, symbol, or other identifying
particular assigned to the individual. In the Privacy Act, an
individual is defined to encompass U.S. citizens and lawful permanent
residents.
The Privacy Act includes two sets of provisions that allow agencies
to claim exemptions from certain requirements in the statute. These
provisions allow agencies in certain circumstances to promulgate rules
to exempt a system of records from certain provisions of the Privacy
Act. For this system of records, pursuant to 5 U.S.C. 552a(k)(2), the
Department exempts this system of records from subsections (c)(3); (d);
and (e)(1) of the Privacy Act. This exemption is needed to protect from
disclosure investigatory material compiled for law enforcement
purposes. Pursuant to the Privacy Act and Office of Management and
Budget (OMB) Circular A-108, Federal Agency Responsibilities for
Review, Reporting, and Publication under the Privacy Act, DOE is
issuing this final rule to make clear to the public the reasons why
this particular exemption is being applied.
II. Discussion
DOE is claiming an exemption from certain requirements of the
Privacy Act for a new system of records: DOE-42 Nondiscrimination in
Federally Assisted Programs Files.
The Department is exempting portions of a newly established system
of records--DOE-42 Nondiscrimination in Federally Assisted Programs
Files--from subsections (c)(3); (d); and (e)(1) of the Privacy Act of
1974. To claim this exemption, DOE is amending 10 CFR 1008.12 by adding
a new paragraph, (b)(2)(ii)(R). The Department exempts portions of this
system of records from these subsections of the Privacy Act because of
requirements related to the compilation of investigatory material for
law enforcement purposes.
DOE-42 Nondiscrimination in Federally Assisted Programs Files will
provide 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 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.
For this system of records, DOE is claiming the Privacy exemption
from requirements in subsections (c)(3); (d); and (e)(1) of the Privacy
Act. In addition, the system has been exempted from the Privacy Act,
pursuant to 5 U.S.C. 552a(k)(2). These exemptions are needed to protect
information relating to DOE activities from disclosure to subjects or
others related to these activities. Specifically, these exemptions from
the Privacy Act are necessary in order to preclude subjects of these
activities from frustrating these processes; to avoid disclosure of
activity techniques; to protect the identities and physical safety of
confidential informants and law enforcement personnel; to ensure DOE's
ability to obtain information from third parties and other sources; and
to protect the privacy of third parties. Disclosure of information to
the subject of the inquiry could also permit the subject to avoid
detection or apprehension.
Exemption from these Privacy Act requirements is standard for law
enforcement and national security matters and are often exercised by
many Federal law enforcement and intelligence agencies. In appropriate
circumstances, where compliance would not appear to interfere with or
adversely affect the law enforcement purposes of this system and
overall law enforcement process, the applicable exemption of these
requirements may be waived on a case-by-case basis.
[[Page 101851]]
Exemption from these particular Privacy Act requirements for DOE-42
Nondiscrimination in Federally Assisted Programs Files is justified, on
a case-by-case basis to be determined at the time a request is made for
the following reasons:
In particular, exemption from the Privacy Act's requirement in
subsections (c)(3) (Accounting for Disclosures) is necessary because
release of the accounting of disclosures could alert the subject of an
investigation of an actual or potential criminal, civil, or regulatory
violation to the existence of that investigation and reveal
investigative interest on the part of DOE as well as the recipient
agency. Disclosure of the accounting would, therefore, present a
serious impediment to law enforcement efforts or efforts to preserve
national security. Disclosure of the accounting would also permit the
individual who is the subject of a record to impede the investigation,
to tamper with witnesses or evidence, and to avoid detection or
apprehension, which would undermine the entire investigative process.
Exemption from the Privacy Act's requirement in subsection (d)
(Access to Records) is necessary because access to the records
contained in this system of records could inform the subject of an
investigation of an actual or potential criminal, civil, or regulatory
violation to the existence of that investigation and reveal
investigative interest on the part of DOE or another agency. Access to
the records could permit the individual who is the subject of a record
to impede the investigation, to tamper with witnesses or evidence, and
to avoid detection or apprehension. Amendment of the records could
interfere with ongoing investigations and law enforcement activities
and would impose an unreasonable administrative burden by requiring
investigations to be continually reinvestigated. In addition,
permitting access and amendment to such information could disclose
security-sensitive information that could be detrimental to nuclear or
energy sector security.
Exemption from the Privacy Act's requirements in subsection (e)(1)
(Relevancy and Necessity of Information) is necessary because in the
course of investigations into potential violations of Federal law, the
accuracy of information obtained or introduced occasionally may be
unclear, or the information may not be strictly relevant or necessary
to a specific investigation. In the interests of effective law
enforcement, it is appropriate to retain all information that may aid
in establishing patterns of unlawful activity.
On September 20, 2024, DOE published a notice of proposed
rulemaking (NOPR) (89 FR 77040), and received one comment, discussed in
detail below.
III. Summary of Public Comments
DOE received one public comment in response to its NOPR, and while
the commenter was generally supportive of the rule, it raised the
following concerns:
1. Concerns about exemption from subsection (c)(3): According to
the commenter, the exemption from 5 U.S.C. 552a(c)(3) could lead to
unauthorized disclosure or misuse of sensitive data, and result in
abuse or information leaks. In lieu of this exemption, the commenter
recommended the creation of partial exemptions or delayed disclosures.
DOE respectfully disagrees with the commenter regarding the
exemption from 5 U.S.C. 552a(c)(3). The record itself is protected from
unauthorized disclosure and misuse pursuant to subsection (e)(9) of the
Privacy Act, which requires the agency to establish appropriate
administrative, technical, and physical safeguards to ensure the
security and confidentiality of records. Additionally, the Privacy Act
governs records about individuals, not about entities that are subject
to the Federal civil rights laws that OCR-EEO enforces. Where such
information does constitute a record about an individual, this system
of records allows the exemption from 5 U.S.C. 552a(c)(3) to be waived
on a case-by-case basis in appropriate circumstances where accounting
for disclosures would not interfere with or otherwise adversely affect
the law enforcement purposes of this system of records or the overall
law enforcement process. Finally, this exemption protects against
misuses of sensitive data by preventing an accounting for disclosures
from being used to alter or destroy evidence, improperly influence or
intimidate witnesses, or further other evasive actions that could
impede or compromise an investigation. DOE does not agree with the
commenter's recommendation to create partial exemptions or delayed
disclosures, as this exemption prevents a record subject from using an
accounting to retaliate against investigation witnesses or invade the
privacy of victims or other persons who engaged in protected activity,
including confidential sources who otherwise would be unwilling to come
forward or participate in an OCR-EEO investigation.
2. Concerns about the exemption from subsection (d): The commenter
also asserted that the exemption from 5 U.S.C. 552a(d) raises serious
fairness and due process concerns. In lieu of this exemption, the
commenter recommended a tiered approach allowing individuals to request
access to their records under certain conditions, such as when the
information no longer poses a threat to law enforcement, or portions of
the record are non-sensitive, or based on the record's relevance to the
investigation.
DOE respectfully disagrees with the commenter, and believes this
exemption accords with the fairness and due process protections of
subsection (k)(2) of the Privacy Act, which expressly provides that any
individual who would be denied any right, privilege, or benefit that
such person would otherwise be entitled by Federal law, or to which
such individual would otherwise be eligible as a result of the
maintenance of material within a system of records shall be provided
such material, except to the extent that the disclosure of such
material would reveal the identity of a source who furnished
information to the Government under an express or implied promise that
the identity of the source would be held in confidence. Additionally,
subsection (e)(5) of the Privacy Act requires OCR-EEO to maintain all
records used in making any determination about any individual with such
accuracy, relevance, timeliness, and completeness as is reasonably
necessary to assure fairness to the individual in the determination.
3. Concerns about the exemption from (e)(1): The commenter
additionally asserted that the exemption from 5 U.S.C. 552a (e)(1)
raises concerns that DOE may retain information that is outdated,
irrelevant, or unnecessarily harmful to individuals, which the
commentor believes may lead to individuals being unfairly scrutinized
or targeted based on information that is no longer accurate or relevant
to the investigation. In relation to this exemption, the commenter
recommended that DOE implement a regular review process based on a
well-defined and publicly justifiable review standard, and also
implement a central electronic repository to keep this system of
records.
For the following reasons, DOE respectfully disagrees with the
commenter regarding the exemption from 5 U.S.C. 552a(e)(1). First, it
is often impossible to determine the relevance and necessity of
information in the early stages of collection, investigation, or
adjudication. Second, the DOE regulations implementing Federal civil
[[Page 101852]]
rights laws define a federally assisted program or activity to mean all
of the operations of any entity, any part of which is a recipient of
Federal financial assistance from DOE. Third, information obtained
during an OCR-EEO investigation may be relevant and necessary to the
civil or criminal law enforcement activities of other Federal agencies,
or concern a matter before Congress or a court of competent
jurisdiction. Fourth, in furtherance of the administrative, technical,
and physical safeguards delineated in the NOPR, the security and
privacy controls applicable to this system of records are reviewed on
an ongoing basis and updated in accordance with well-defined Federal
government standards and DOE directives.
In response to the commenter's conclusion that DOE should provide a
more complete description of this system of records, DOE brings the
commenter's attention to the ample description provided by the NOPR
regarding the administrative, technical, and physical safeguards
applicable to this system of records.
IV. Section 1008.12 Analysis
This final rule adds line-item paragraph (b)(2)(ii)(Q), referencing
``Nondiscrimination in Federally Assisted Program Files (DOE-42)''.
This addition demonstrates that SORN DOE-42 is included among the other
SORNs taking a subsection (k)(2) exemption under the Privacy Act of
1974. Per current regulations located at 10 CFR 1008.12(b)(2)(ii), this
exemption allows DOE to ``prevent subjects of investigation from
frustrating the investigatory process through access to records about
themselves or as a result of learning the identities of confidential
informants; to prevent disclosure of investigative techniques; to
maintain the ability to obtain necessary information; and thereby to
insure the proper functioning and integrity of law enforcement
activities.''
V. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866, 13563, and 14094
Executive Order (``E.O.'') 12866, ``Regulatory Planning and
Review,'' 58 FR 51735 (Oct. 4, 1993), as supplemented and reaffirmed by
E.O. 13563, ``Improving Regulation and Regulatory Review,'' 76 FR 3821
(Jan. 21, 2011) and amended by E.O. 14094, ``Modernizing Regulatory
Review,'' 88 FR 21879 (April 11, 2023), requires agencies, to the
extent permitted by law, to (1) propose or adopt a regulation only upon
a reasoned determination that its benefits justify its costs
(recognizing that some benefits and costs are difficult to quantify);
(2) tailor regulations to impose the least burden on society,
consistent with obtaining regulatory objectives, taking into account,
among other things, and to the extent practicable, the costs of
cumulative regulations; (3) select, in choosing among alternative
regulatory approaches, those approaches that maximize net benefits
(including potential economic, environmental, public health and safety,
and other advantages; distributive impacts; and equity); (4) to the
extent feasible, specify performance objectives, rather than specifying
the behavior or manner of compliance that regulated entities must
adopt; and (5) identify and assess available alternatives to direct
regulation, including providing economic incentives to encourage the
desired behavior, such as user fees or marketable permits, or providing
information upon which choices can be made by the public. DOE
emphasizes as well that E.O. 13563 requires agencies to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible. In its guidance, the
Office of Information and Regulatory Affairs (OIRA) has emphasized that
such techniques may include identifying changing future compliance
costs that might result from technological innovation or anticipated
behavioral changes. For the reasons stated in this preamble, this
regulatory action is consistent with these principles.
Section 6(a) of E.O. 12866 requires agencies to submit
``significant regulatory actions'' to OIRA for review. OIRA has
determined that this regulatory action is not a ``significant
regulatory action'' within the scope of E.O. 12866. Accordingly, this
action is not subject to review under E.O. 12866 by OIRA of the Office
of Management and Budget (OMB).
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires that an agency prepare an initial regulatory flexibility
analysis for any regulation for which a final rule is required, unless
the agency certifies that the rule, if promulgated, will not have a
significant economic impact on a substantial number of small entities
(5 U.S.C. 605(b)). As required by Executive Order 13272, Proper
Consideration of Small Entities in Agency Rulemaking, 67 FR 53461 (Aug.
16, 2002), DOE published procedures and policies on February 19, 2003,
to ensure that the potential impacts of its rules on small entities are
properly considered during the rulemaking process. 68 FR 7990. DOE has
made its procedures and policies available on the Office of the General
Counsel's website (<a href="http://www.energy.gov/gc/office-general-counsel">www.energy.gov/gc/office-general-counsel</a>).
DOE reviewed this final rule under the provisions of the Regulatory
Flexibility Act and the procedures and policies published on February
19, 2003. DOE certifies that the final rule, if adopted, would not have
significant economic impact on a substantial number of small entities.
The factual basis for this certification is set forth below.
This final rule would update DOE's policies and procedures
concerning the disclosure of records held within a system of records
pursuant to the Privacy Act of 1974. This final rule would apply only
to activities conducted by DOE's Federal employees and contractors, who
would be responsible for implementing the rule requirements. DOE does
not expect there to be any potential economic impact of this final rule
on small businesses. Small businesses, therefore, should not be
adversely impacted by the requirements in this final rule. For these
reasons, DOE certifies that this final rule will not have a significant
economic impact on a substantial number of small entities, and
therefore, no regulatory flexibility analysis has been prepared.
C. Review Under the Paperwork Reduction Act of 1995
This final rule does not impose a collection of information
requirement subject to review and approval by OMB under the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.).
D. Review Under the National Environmental Policy Act of 1969
Pursuant to the National Environmental Policy Act of 1969 (NEPA),
DOE has analyzed this action in accordance with NEPA and DOE's NEPA
implementing regulations (10 CFR part 1021). DOE's regulations include
a categorical exclusion (CX) for rulemakings interpreting or amending
an existing rule or regulation that does not change the environmental
effect of the rule or regulation being amended. 10 CFR part 1021,
subpart D, appendix A5. DOE has determined that this final rule is
covered under the CX found in DOE's NEPA regulations at paragraph A.5
of appendix A to subpart D, 10 CFR part 1021, because it is an
amendment to an existing regulation that does not change the
environmental effect of the amended regulation and, therefore, meets
the
[[Page 101853]]
requirements for the application of this CX. See 10 CFR 1021.410.
Therefore, DOE has determined that this final rule is not a major
Federal action significantly affecting the quality of the human
environment within the meaning of NEPA and does not require an
Environmental Assessment or an Environmental Impact Statement.
E. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of Executive Order 12988,
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on
Federal agencies the general duty to adhere to the following
requirements: (1) eliminate drafting errors and ambiguity; (2) write
regulations to minimize litigation; (3) provide a clear legal standard
for affected conduct rather than a general standard; and (4) promote
simplification and burden reduction. Section 3(b) of Executive Order
12988 specifically requires that Executive agencies make every
reasonable effort to ensure the regulation: (1) clearly specifies the
preemptive effect, if any; (2) clearly specifies any effect on existing
Federal law or regulation; (3) provides a clear legal standard for the
affected conduct while promoting simplification and burden reduction;
(4) specifies the retroactive effect, if any; (5) adequately defines
key terms; (6) specifies whether administrative proceedings are to be
required before parties may file suit in court and, if so, describes
those proceedings and requires the exhaustion of administrative
remedies; and (7) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires Executive
agencies to review regulations in light of applicable standards in
section 3(a) and section 3(b) to determine whether they are met or it
is unreasonable to meet one or more of the standards. DOE has completed
the required review and determined that, to the extent permitted by
law, this final rule meets the relevant standards of Executive Order
12988.
F. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 10,
1999) imposes certain requirements on agencies formulating and
implementing policies or regulations that preempt State law or that
have federalism implications. Agencies are required to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and carefully assess
the necessity for such actions. The Executive order also requires
agencies to have an accountable process to ensure meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications. On March 14, 2000, DOE
published a statement of policy describing the intergovernmental
consultation process it will follow in the development of such
regulations. 65 FR 13735. DOE has examined this final rule and has
tentatively determined that it would not preempt State law and would
not have a substantial direct effect on the States, on the relationship
between the National Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
No further action is required by Executive Order 13132.
G. Review Under Executive Order 13175
Under Executive Order 13175 (65 FR 67249, November 6, 2000) on
``Consultation and Coordination with Indian Tribal Governments,'' DOE
may not issue a discretionary rule that has ``Tribal'' implications and
imposes substantial direct compliance costs on Indian Tribal
governments. DOE has determined that this final rule would not have
such effects and concluded that Executive Order 13175 does not apply to
this final rule.
H. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act (UMRA) of 1995 (Pub.
L. 104-4) requires each Federal agency to assess the effects of a
Federal regulatory action on State, local, and Tribal governments, and
the private sector. (Pub. L. 104-4, sec. 201 et seq. (codified at 2
U.S.C. 1531 et seq.)). For a regulatory action likely to result in a
rule that may cause the expenditure by State, local, and Tribal
governments, in the aggregate, or by the private sector of $100 million
or more in any one year (adjusted annually for inflation), section 202
of UMRA requires a Federal agency to publish a written statement that
estimates the resulting costs, benefits, and other effects on the
national economy. (2 U.S.C. 1532(a), (b)) UMRA also requires a Federal
agency to develop an effective process to permit timely input by
elected officers of State, local, and Tribal governments on a
``significant Federal intergovernmental mandate,'' and requires an
agency plan for giving notice and opportunity for timely input to
potentially affected small governments before establishing any
requirements that might significantly or uniquely affect them. On March
18, 1997, DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. (62 FR 12820) (This policy
is also available at: <a href="http://www.energy.gov/gc/guidance-opinions">www.energy.gov/gc/guidance-opinions</a> under
``Guidance & Opinions'' (Rulemaking)). DOE examined the final rule
according to UMRA and its statement of policy and has determined that
the rule contains neither an intergovernmental mandate, nor a mandate
that may result in the expenditure by State, local, and Tribal
governments, in the aggregate, or by the private sector, of $100
million or more in any year. Accordingly, no further assessment or
analysis is required under UMRA.
I. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights'' 53 FR 8859 (March 18, 1988), that this regulation would not
result in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001) requires Federal agencies to prepare and submit to the
OIRA, which is part of OMB, a Statement of Energy Effects for any
significant energy action. A ``significant energy action'' is defined
as any action by an agency that promulgates or is expected to lead to
promulgation of a final rule, and that: (1)(i) is a significant
regulatory action under Executive Order 12866, or any successor order;
and (ii) is likely to have a significant adverse effect on the supply,
distribution, or use of energy, or (2) is designated by the
Administrator of OIRA as a significant energy action. For any
significant energy action, the agency must give a detailed statement of
any adverse effects on energy supply, distribution, or use, and of
reasonable alternatives to the action and their expected benefits on
energy supply, distribution, and use. This regulatory action is not a
significant energy action. Accordingly, DOE has not prepared a
Statement of Energy Effects.
K. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any final
[[Page 101854]]
rule that may affect family well-being. This final rule would not have
any impact on the autonomy or integrity of the family as an
institution. Accordingly, DOE has concluded that it is not necessary to
prepare a Family Policymaking Assessment.
L. Review Under the Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516) provides for Federal agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (February 22, 2002),
and DOE's guidelines were published at 67 FR 62446 (October 7, 2002).
Pursuant to OMB Memorandum M-19-15, Improving Implementation of the
Information Quality Act (April 24, 2019), DOE published updated
guidelines which are available at: <a href="http://www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf">www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf</a>.
DOE has reviewed this final rule and will ensure that information
produced under this regulation remains consistent with the applicable
OMB and DOE guidelines.
M. Congressional Review
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this rule prior to its effective date. The report will
state that the rule does not, meet the criteria set forth in 5 U.S.C.
804(2).
V. Approval by the Office of the Secretary of Energy
The Secretary of Energy has approved publication of this final
rule.
List of Subjects in 10 CFR Part 1008
Administration practice and procedure, Freedom of information,
Privacy, Reporting and recordkeeping requirements.
Signing Authority
This document of the Department of Energy was signed on [December
11, 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 12, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons set forth in the preamble, the Department of Energy
amends part 1008 of chapter X of title 10 of the Code of Federal
Regulations as set forth below:
PART 1008--RECORDS MAINTAINED ON INDIVIDUALS (PRIVACY ACT)
0
1. The authority citation for part 1008 continues to read as follows:
Authority: 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.; 5
U.S.C. 552; 5 U.S.C. 552a; 42 U.S.C. 7254; and 5 U.S.C. 301. Section
1008.22(c) also issued under 42 U.S.C. 405 note.
0
2. Amend Sec. 1008.12 by adding paragraph (b)(2)(ii)(Q) to read as
follows:
Sec. 1008.12 Exemptions.
* * * * *
(b) * * *
(2) * * *
(ii) * * *
(Q) Nondiscrimination in Federally Assisted Program Files (DOE-42)
* * * * *
[FR Doc. 2024-29664 Filed 12-16-24; 8:45 am]
BILLING CODE 6450-01-P
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</html>Indexed from Federal Register on December 17, 2024.
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