FR 2024-29666

General Summary

The document describes a new rule implemented by the U.S. Department of Energy (DOE), effective January 16, 2025. This rule exempts specific records in a newly established system, known as DOE-85, from particular provisions of the Privacy Act of 1974. The exemptions are claimed primarily because these records may contain classified information related to research, technology, and economic security that impacts national security and foreign policy. The DOE intends to protect sensitive information while maintaining coordination with other federal agencies.

Significant Issues or Concerns

The document's language is complex and filled with legal jargon, which may be difficult for the general public to fully comprehend. Specifically, the justifications for the exemptions claimed under statutory provisions like 5 U.S.C. 552a are not clearly articulated in layman's terms. This lack of clarity is evident in the concerns expressed by a commenter, as mentioned in Section III, who highlights the potential overreach and accumulation of unnecessary personal information under broad exemptions.

The reasoning for requiring exemptions to manage conflicts of interest and commitment could be further elaborated. While DOE argues the exemptions are based on the classification of information, a more detailed explanation could aid in public understanding. Moreover, the document does not thoroughly address how the DOE plans to mitigate the potential misuse of personal information, particularly under broad exemptions that could accumulate unnecessary data.

Another concern is the potential implications for small businesses. Though the DOE asserts there will be no significant economic impact, the document could benefit from a more detailed discussion on how this conclusion was reached, providing additional assurance to small businesses potentially affected by the rule.

Public Impact

For the general public, the primary concern is the balance between national security interests and individuals' rights to access information about themselves. While the exemptions are intended to protect national security, they might also limit transparency and accessibility. This could create concerns among the public about what kind of information is being collected and how it might be used.

Additionally, the complexity and length of the document may deter meaningful public engagement, as seen in the minimal public commentary received. This suggests that the DOE might not have effectively facilitated public understanding or participation in the rulemaking process.

Impact on Specific Stakeholders

For stakeholders such as other federal agencies and the intelligence community, the rule potentially improves collaboration and information-sharing capabilities regarding national security risks. It provides a framework for safeguarding sensitive information while ensuring a coordinated approach across agencies.

Conversely, small businesses, particularly those involved with DOE/NNSA projects, might be indirectly impacted. While the DOE concludes there is no substantial adverse economic impact, businesses may still be concerned about the potential administrative burden or the implications of being involved in classified projects without clarity on personal data management.

In conclusion, while the DOE's rule aims to enhance national security measures by controlling access to classified information, the document would benefit significantly from clearer communication and a more accessible format to inform and engage all potentially affected parties effectively.

The document from the Department of Energy discusses changes related to the Privacy Act, specifically regarding the handling of sensitive information. Within this context, there are financial references that relate to potential costs and fiscal impact assessments, which help to underline the potential economic implications of such regulations.

One key financial reference in the document concerns potential expenditures triggered by regulations. According to the Unfunded Mandates Reform Act (UMRA) of 1995, if a regulatory action is likely to result in expenditures by state, local, and tribal governments, or by the private sector, amounting to $100 million or more in any one year (adjusted annually for inflation), the agency must publish a written statement that details the costs, benefits, and other effects on the national economy. In this instance, the Department of Energy carefully examined its final rule and determined that the rule does not impose such a significant financial burden. This ensures that, from a budgetary perspective, the changes in regulation are not anticipated to create substantial financial demands on governments or the private sector.

This financial context ties into broader concerns about regulatory impact, especially the potential for unnecessary data accumulation under broad exemptions from the Privacy Act. The document reassures that additional economic burden or misuse of personal information, which could potentially lead to other financial implications should be minimal. The assessment also implies that the rule does not foresee imposing significant financial strain on small businesses, indicating the changes are crafted to be economically balanced.

The financial references in the document, while confirming that significant expenditures will not occur, simultaneously touch upon concerns about the complex implications of the rule. Public involvement and feedback, which are essential for full transparency and understanding of economic repercussions, might not have been fully realized, as indicated by limited public comments. This underscores the importance of actively engaging public stakeholders in discussions about potential financial impacts of such regulatory actions to ensure informed implementation that protects both fiscal and personal interests effectively.