Notice2024-30470
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 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 modification to an existing Privacy Act system of records. DOE proposes to amend System of Records DOE-14 Report of Compensation. This System of Records Notice (SORN) is being modified to align with new formatting requirements, published by OMB, and to ensure appropriate Privacy Act coverage of business processes and Privacy Act information.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 245 (Friday, December 20, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 245 (Friday, December 20, 2024)]
[Notices]
[Pages 104119-104121]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30470]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Privacy Act of 1974; System of Records
AGENCY: U.S. Department of Energy.
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
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-14 Report of Compensation. This System
of Records Notice (SORN) is being modified to align with new formatting
requirements, published by OMB, and to ensure appropriate Privacy Act
coverage of business processes and Privacy Act information.
DATES: This modified SORN will become applicable following the end of
the public comment period on January 21, 2025 unless comments are
received that result in a contrary determination.
ADDRESSES: Written comments should be sent to Ken Hunt, Chief Privacy
Officer, U.S. Department of Energy, 1000 Independence Avenue SW, Rm.
8H-085, Washington, DC 20585, by facsimile at (202) 586-8151, or by
email at <a href="/cdn-cgi/l/email-protection#7d0d0f140b1c1e043d150c53191218531a120b"><span class="__cf_email__" data-cfemail="96e6e4ffe0f7f5efd6fee7b8f2f9f3b8f1f9e0">[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#8afaf8e3fcebe9f3cae2fba4eee5efa4ede5fc"><span class="__cf_email__" data-cfemail="b5c5c7dcc3d4d6ccf5ddc49bd1dad09bd2dac3">[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-14 Report of Compensation. This notice proposes
the following amendments. The following addresses have been updated:
John A. Gordon Albuquerque Complex, both Office of Science addresses,
Golden Field Office, all three National Energy Technology Laboratory
locations, the Office of River Protection, and the Richland Operations
Office. The National Nuclear Security Administration (NNSA)
Headquarters address has been added. The NNSA Naval Reactors Field
Office has been removed. The system manager's office has been updated
to reflect the current system manager, which is the Contractor Human
Resources Policy Division. The ``Categories of Individuals Covered by
the System'' section has been revised to include contractor employees
of management and operating (M&O) contractors, non-M&O major site and
facility contractors, and contractors that require DOE approval of
contractor compensation and benefits for reasonableness. Magnetic tape
and paper records have been removed from ``Policies and Practices for
Storage of Records.'' Employee name, job title, and contractor name
have been added to ``Policies and Practices for Retrieval of Records.''
The Bipartisan Budget Act of 2013 and DOE Order 350.1, Contractor Human
Resource Management Programs, have been added to the ``Authorities''
section. Per the Bipartisan Budget Act of 2013 and DOE Order 350.1,
both authorize and limit the amount of reimbursement of compensation
costs for all contractor employees. 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. 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
[[Page 104120]]
with applicable Federal privacy laws, policies, procedures, and best
practices.
SYSTEM NAME AND NUMBER:
DOE-14 Report of Compensation.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATIONS:
Systems leveraging this SORN may exist in multiple locations. All
systems storing records in a cloud-based server are required to use
government-approved cloud services and follow National Institute of
Standards and Technology (NIST) security and privacy standards for
access and data retention. Records maintained in a government-approved
cloud server are accessed through secure data centers in the
continental United States.
U.S. Department of Energy, Headquarters, 1000 Independence Avenue
SW, Washington, DC 20585.
U.S. Department of Energy, NNSA Headquarters, 1000 Independence
Avenue SW, Washington, DC 20585.
U.S. Department of Energy, John A. Gordon Albuquerque Complex,
24600 20th Street SE, Albuquerque, NM 87116.
U.S. Department of Energy, NNSA Naval Reactors Field Office,
Pittsburgh Naval Reactors, P.O. Box 109, West Mifflin, PA 15122-0109.
U.S. Department of Energy, Naval Petroleum Reserves in California,
P.O. Box 11, Tupman, CA 93276.
U.S. Department of Energy, Naval Petroleum and Oil Shale Reserves,
907 North Poplar, Suite 150, Casper, WY 82601.
U.S. Department of Energy, Office of Science, Chicago Office,
Consolidated Service Center, 9800 South Cass Avenue, Lemont, IL 60439.
U.S. Department of Energy, Office of Science, Consolidated Service
Center, P.O. Box 2001, Oak Ridge, TN 37831.
U.S. Department of Energy, 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, Hanford Field Office, P.O. Box 550,
Richland, WA 99352.
U.S. Department of Energy, Savannah River Operations Office, P.O.
Box A, Aiken, SC 29801.
U.S. Department of Energy, Strategic Petroleum Reserve Project
Management Office, 900 Commerce Road East, New Orleans, LA 70123.
SYSTEM MANAGER(S):
Headquarters: Director, Contractor Human Resources Policy Division,
U.S. Department of Energy, 1000 Independence Avenue SW, Washington, DC
20585.
Field Offices: Field Directors, Office of Contractor Human
Resources Policy Division, of the ``System Locations'' listed above are
the system managers for their respective portions of this system.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.; The Bipartisan
Budget Act of 2013; and DOE Order 350.1, Contractor Human Resource
Management Programs, (most up-to-date version).
PURPOSE(S) OF THE SYSTEM:
Records in this system are maintained and used by DOE to aid
managers of field offices, program secretarial officers, and
Headquarters program managers in determining the limits on the amount
of reimbursement for compensation costs for all contractor employees,
the allowability and reasonableness of compensation paid to top-level
contractor employees, and to monitor the growth of contractor
compensation at all levels.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Contractor employees of DOE, including the National Nuclear
Security Administration (NNSA), contractor employees of management and
operating (M&O) contractors, non-M&O major site and facility
contractors, and contractors that require DOE approval of contractor
compensation and benefits for reasonableness review.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name, job title, contractor, current salary meeting the threshold
level for reporting as specified in the respective contract, amount
reimbursed, and other compensation information.
RECORD SOURCE CATEGORIES:
Contractor salary administrative personnel.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
1. A record from this system may be disclosed as a routine use for
the purpose of an investigation, settlement of claims, or the
preparation and conduct of litigation to (1) persons representing the
Department in the investigation, settlement or litigation, and to
individuals assisting in such representation; (2) others involved in
the investigation, settlement, and litigation, and their
representatives and individuals assisting those representatives; (3)
witnesses, potential witnesses, or their representatives and
assistants; and (4) any other persons who possess information
pertaining to the matter when it is relevant and necessary to obtain
information or testimony relevant to the matter.
2. A record from this system may be disclosed as a routine use in
court or administrative proceedings to the tribunals, counsel, other
parties, witnesses, and the public (in publicly available pleadings,
filings, or discussion in open court) when such disclosure: (1) is
relevant to, and necessary for, the proceeding; (2) compatible with the
purpose for which the Department collected the records; and (3) the
proceedings involve:
a. The Department, its predecessor agencies, current or former
contractor of the Department, or other United States Government
agencies and their components, or
b. A current or former employee of the Department and its
predecessor agencies, current or former contractors of the Department,
or other United States Government agencies and their components, who is
acting in an official capacity or in any individual capacity where the
Department or other United States Government agency has agreed to
represent the employee.
3. 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.
4. 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.
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
[[Page 104121]]
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.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records will be stored as electronic documents.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by contractor employee name, job title, or
contractor name.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Retention and disposition of these records is in accordance with
the National Archives and Records Administration approved records
disposition schedule with a retention of 6 years after final payment.
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 title 10 CFR
1008.4. Valid identification of the individual making the request is
required before information will be processed, given, access granted,
or a correction considered, to ensure that information is processed,
given, corrected, or records disclosed or corrected only at the request
of the proper person.
CONTESTING RECORD PROCEDURES:
Any individual may submit a request to the System Manager and
request a copy of any records relating to them. In accordance with 10
CFR 1008.11, any individual may appeal the denial of a request made by
him or her for information about or for access to or correction or
amendment of records. An appeal shall be filed within 90 calendar days
after receipt of the denial. When an appeal is filed by mail, the
postmark is conclusive as to timeliness. The appeal shall be in writing
and must be signed by the individual. The words ``PRIVACY ACT APPEAL''
should appear in capital letters on the envelope and the letter.
Appeals relating to DOE records shall be directed to the Director,
Office of Hearings and Appeals (OHA), 1000 Independence Avenue SW,
Washington, DC 20585.
NOTIFICATION PROCEDURES:
In accordance with the DOE regulation implementing the Privacy Act,
10 CFR part 1008, a request by an individual to determine if a system
of records contains information about themselves should be directed to
the U.S. Department of Energy, Headquarters, Privacy Act Officer. The
request should include the requester's complete name and the time
period for which records are sought.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
This SORN was last published in the Federal Register, 74 FR 1014-
1016, on January 9, 2009.
Signing Authority
This document of the Department of Energy was signed on December
13, 2024, by Ann Dunkin, Senior Agency Official for Privacy, pursuant
to delegated authority from the Secretary of Energy. That document with
the original signature and date is maintained by DOE. For
administrative purposes only, and in compliance with requirements of
the Office of the Federal Register, the undersigned DOE Federal
Register Liaison Officer has been authorized to sign and submit the
document in electronic format for publication, as an official document
of the Department of Energy. This administrative process in no way
alters the legal effect of this document upon publication in the
Federal Register.
Signed in Washington, DC, on December 17, 2024.
Jennifer Hartzell,
Alternate Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-30470 Filed 12-19-24; 8:45 am]
BILLING CODE 6450-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on December 20, 2024.
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.