Privacy Act of 1974; Establishment of a New System of Records

DEPARTMENT OF ENERGY

Privacy Act of 1974; Establishment of a New System of Records

AGENCY: Department of Energy.

ACTION: Proposed establishment of a New Privacy Act system of records.

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SUMMARY: Federal agencies are required by the Privacy Act of 1974 (Pub.

L. 93-579, 5 U.S.C. 552a) to publish a notice in the Federal Register

of a proposed system of records. The Department of Energy (DOE)

proposes to establish a new system of records entitled, ``DOE-86 Human

Radiation Experiments Records.''

DATES: The proposed new system of records will become effective June

26, 1995 unless comments are received on or before that date that would

result in a contrary determination and a notice is published to that

effect.

ADDRESSES: Written comments should be directed to the following

address: Director, Freedom of Information Act and Privacy Act Division,

U.S. Department of Energy, HR-78, 1000 Independence Avenue SW.,

Washington, DC 20585. Written comments will be available for inspection

at the above address between the hours of 9 a.m and 4 p.m.

FOR FURTHER INFORMATION CONTACT: (1) Ellyn R. Weiss, Director, U. S.

Department of Energy, Office of Human Radiation Experiments, 1726 M

Street NW., Washington DC 20036, or (2) GayLa D. Sessoms, Director,

Freedom of Information Act and Privacy Act Division, U.S. Department of

Energy, HR-78, 1000 Independence Avenue SW., Washington, DC 20585 (202)

586-5955 or (3) Harold Halpern, Office of General Counsel, GC-80, 1000

Independence Avenue SW, Washington, DC 20585 (202) 586-7406.

SUPPLEMENTARY INFORMATION: The DOE proposes to establish a new system

of records entitled ``DOE-86 Human Radiation Experiments Records''. The

records are being compiled by the DOE as part of its effort to gather

and publicize information concerning Human Radiation Experiments and

certain environmental releases of radiation, as defined in Executive

Order 12891, 59 FR 2935 (January 20, 1994). [[Page 26422]] See Appendix

A to the accompanying Notice of a Proposed New System of Records. The

records will be used to provide information concerning the experiments

and environmental releases to the general public and to individuals who

contacted the DOE or the Interagency Helpline (operated by the DOE)

that were, or believed that they or their relatives were, subjects of

the experiments or affected by the environmental releases. The

information will also be used to assist the Advisory Committee on Human

Radiation Experiments in its assigned task of evaluating the scientific

and ethical aspects of the experiments and proposing remedial measures

to the Human Radiation Interagency Working Group. See Executive Order

12891.

Information in the system will include records pertaining to the

organizing, conducting, financing, results and effects of experiments

and environmental radiation releases sponsored or conducted by DOE, its

predecessors and their current and former contractors and

subcontractors.

The text of the system notice is set forth below.

Issued in Washington, DC, this 28 day of April 1995.

Archer L. Durham,

Assistant Secretary for Human Resources and Administration.

DOE-86

Human Radiation Experiments Records.

None.

U. S. Department of Energy, Office of Human Radiation Experiments,

Washington, DC 20585

Coordination and Information Center, 3084 S. Highland St., Las

Vegas, Nevada 89109

The records pertain to persons who participated in the organizing,

conducting, and financing of the Human Radiation Experiments and

environmental releases of radiation described in Executive Order 12891,

59 FR 2935 (January 20, 1994). See Appendix A. The records also pertain

to persons who were subjects of the experiments or were affected by the

releases. Generally, the records pertain to persons in the following

categories:

(1) Former and current employees of the DOE, its predecessor

agencies and their contractors and subcontractors;

(2) Members of the public;

(3) Persons exposed to radiation as a result of proximity to

nuclear facilities or the intentional or accidental release of

radiation.

Data consists of records pertaining to the planning, organizing,

financing, conducting, effects and results of experiments and

environmental releases, gathered from DOE, its predecessor agencies and

their contractors and subcontractors. Such records include

correspondence, memoranda, published and unpublished reports, notes,

logs, proposals, contracts, minutes of meetings of the Atomic Energy

Commission and its advisory committees and subcommittees dealing with

radiation, correspondence with members of the public, transcripts of

interviews of persons associated with the organizing, financing and

conducting of the experiments, reports of Congressional hearings,

personal notes, diaries and papers, archival collections, interagency

memoranda and agreements, consent forms, medical and laboratory

reports, transcripts of medical conferences, and newspaper and magazine

articles.

5 U.S.C. 301; authority incorporated by reference in Title III of

the Department of Energy Organization Act at 42 U.S.C. 7151; including

42 U.S.C. 2201(c) and 42 U.S.C. 5813 and 5817.

The records will enable DOE to create a central source of data

concerning the experiments and releases, and to provide information to

the public and to individuals that were subjects of the experiments or

affected by the environmental releases. The records will also be used

to assist the Advisory Committee on Human Radiation Experiments

evaluate the scientific, medical and ethical aspects of the

experiments.

1. To assist the Advisory Committee on Human Radiation Experiments

perform its assigned task of evaluating the scientific and ethical

aspects of the Human Radiation Experiments and environmental releases,

a record from this system of records may be disclosed to that Committee

to provide it with information concerning experiments or releases of

radiation that were sponsored, financed or conducted by DOE, its

predecessors, or other Federal agencies, and their contractors and

subcontractors. See Executive Order 12891, 59 FR 2935, (January 20,

1994); Appendix A.

2. A record from this system of records pertaining to a particular

Human Radiation Experiment or environmental release may be disclosed to

another Federal agency if it appears from the record, or other

available information, that the other Federal agency conducted the

Human Radiation Experiment or environmental release or that referral to

the other Federal agency is appropriate for remedial purposes.

3. A record from this system of records may be disclosed for

epidemiological, industrial safety or hygiene studies conducted by

DOE's contractors and subcontractors to ascertain or determine: (1) How

radiation exposure effects the health and well being of individuals or

groups of individuals; and (2) the risks of working with, or being in

proximity to, nuclear equipment, devices and facilities and how such

risks may be ameliorated.

4. A record from this system of records may be disclosed to the

Centers for Disease Control and Prevention, other Federal and state

health agencies, and Federal and state agencies involved with

industrial or employee safety to be used for epidemiological or

industrial safety or hygiene studies to ascertain or determine: (1) How

radiation exposure effects the health and well being of individuals or

groups of individuals; and (2) the risks of working with, or being in

proximity to, nuclear equipment, devices and facilities, and how such

risks may be ameliorated.

5. A record from this system of records may be disclosed to the

Department of Justice when: (a) The DOE or any component thereof; (b)

any DOE employee, or employee of a DOE predecessor agency, in an

official capacity; (c) the United States Government; (d) any current or

former DOE contractor, or employee of such contractor, is a party to or

has an interest in litigation and DOE determines that the records are

both relevant and necessary and the use of such records by the

Department of Justice is deemed by DOE to be compatible with the

purpose for which DOE collected the records.

6. A record from this system of records may be disclosed to a court

or adjudicative body in a proceeding when: (a) DOE, any predecessor

agency, or any component thereof; (b) any current or former DOE, or

predecessor agency, employee in an official capacity, or in an

individual capacity where DOE has agreed to represent the employee;

[[Page 26423]] (c) the United States Government; or, (d) any current or

former DOE contractor, or employee of such contractor is a party to, or

has an interest in, the proceeding and the DOE determines that the

records are both relevant to and necessary for the proceeding and that

such use is deemed by DOE to be compatible with the purpose for which

DOE collected the records.

7. When a record on its face or in conjunction with other records

indicates a violation or potential violation of law, whether civil,

criminal or regulatory in nature and whether arising by general program

statute or particular program pursuant thereto, the relevant records

may be referred as a routine use to the appropriate agency, whether

Federal, foreign, state, local or tribal, charged with the

responsibility of investigating or prosecuting such violation or

charged with enforcing or implementing the statute, or rule, regulation

or order issued pursuant thereto.

8. A record in this system of records may be disclosed as a routine

use to a Member of Congress submitting a written request involving the

individual when the individual is a constituent of the member and has

requested assistance from the member with respect to the subject matter

of the record.

9. A record from this system of records may be disclosed to the

Archivist of the United States, the National Archives and Records

Administration or to the General Services Administration for records

management conducted under 44 U.S.C. 2904 and 2906.

10. A record from this system may be disclosed to DOE's contractors

in performance of their contracts, and their officers and employees who

have a need for the record in the performance of their duties, subject

to the same limitations applicable to DOE's officers and employees

under the Privacy Act.

11. A record from this system of records may be disclosed to

officials and contractor personnel of the Agency for Toxic Substances

and Disease Registry in carrying out that agency's authorized

activities at DOE's facilities pursuant to setion 104(i) of the

Comprehensive Environmental Response, Compensation, and Liability Act.

Records are maintained on electromagnetic or optical storage media,

and paper records.

These records are entered into a database. Accordingly,

retrievability may be by name, or other personal identifier, as

dictated by the needs of the particular researcher.

Data is kept in secured areas that are locked when not in regular

use and buildings with controlled access. Hard copy data are stored in

locked files. Appropriate safeguards for electronic information are

built into program software as warranted by sensitivity of the data.

Records are retained and disposed of in accordance with authorities

contained in DOE Order 1324.2 ``Records Disposition.''

U.S. Department of Energy, Director, Office of Human Radiation

Experiments, Washington, DC 20585.

Requests by an individual to determine if this system of records

contains information about him or her should be directed to the Privacy

Act Officer, U.S. Department of Energy, Washington, DC 20585, in

accordance with DOE's Privacy Act regulation (10 CFR part 1008,

September 16, 1980, 45 FR 61576). Requests should include the

individual's current full name and address, the individual's name and

address at the time of any specific events of interest to the

requester, and, if the requester is a current or former employee of a

DOE contractor, the contractor's name, the individual's employment

dates, and the individual's social security number.

Same as notification procedures.

Same as notification procedures.

Persons conducting or otherwise having a role in the organization

and financing of experiments or releases, present and former DOE and

predecessor agency contractors and subcontractors, physicians, medical

records, dosimetry records, subject individuals, DOE and its

predecessor agency officials and operating offices.

None.

Appendix A

As defined in Executive Order 12891, 59 FR 2935 (January 20,

1994) Human Radiation Experiments include:

(1) Experiments on individuals involving intentional exposure to

ionizing radiation. This category does not include common and

routine clinical practices, such as established diagnosis and

treatment methods, involving incidental exposures to ionizing

radiation;

(2) Experiments involving intentional environmental releases of

radiation that (A) were designed to test human health effects of

ionizing radiation; or (B) were designed to test the extent of human

exposure to ionizing radiation;

(3) The experiment into the atmospheric diffusion of radioactive

gases and test of detectability, commonly referred to as the ``Green

Run test,'' conducted by the former Atomic Energy Commission and the

Air Force in December 1949 in Hanford, Washington;

(4) Two radiation warfare field experiments conducted at the

Atomic Energy Commission's Oak Ridge office in 1948 involving gamma

radiation released from non-bomb point sources at or near ground

level;

(5) Six tests conducted during 1949-1952 of radiation warfare

ballistic dispersal devices containing radioactive agents at the

U.S. Army's Dugway, Utah, site;

(6) Four atmospheric radiation-tracking tests in 1950 at Los

Alamos, New Mexico; and

(7) Other similar human experiments that may later be identified

by the Human Radiation Interagency Working Group.

[FR Doc. 95-12043 Filed 5-16-95; 8:45 am]

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