[Federal Register Volume 60, Number 95 (Wednesday, May 17, 1995)]
[Notices]
[Pages 26421-26423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12043]



-----------------------------------------------------------------------


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.

-----------------------------------------------------------------------

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]
BILLING CODE 6450-01-P