[Federal Register Volume 60, Number 95 (Wednesday, May 17, 1995)]
[Notices]
[Pages 26419-26421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12042]



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DEPARTMENT OF ENERGY

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

AGENCY: Department of Energy (DOE).

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-87 Human 
Radiation Experiments Helpline Records''.

DATES: The proposed new system of records will become effective without 
further notice 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, 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-87, Human Radiation Experiments Helpline 
Records''. This system will contain records of telephone calls to the 
DOE or the Interagency Helpline (operated by DOE) and correspondence 
with or involving the callers. The calls and correspondence were in 
response to DOE's December, 1993, announcement that it would declassify 
and publicize information pertaining to Human [[Page 26420]] Radiation 
Experiments. That term, which includes certain experiments and 
environmental releases of radiation, is defined in Executive Order 
12891, 59 FR 2935, (January 20, 1994); see Appendix A to the 
accompanying Notice of a Proposed New System of Records. The proposed 
new system will pertain to members of the public who contacted the DOE 
or the Interagency Helpline under the belief that they, or their 
deceased relatives, may have participated as subjects in the 
experiments or may have been affected by environmental or other 
releases of radiation resulting from Government activities. These 
records will be used as a source of information to assist the Advisory 
Committee on Human Radiation Experiments evaluation of the scientific 
and ethical aspects of the experiments and releases. These records will 
also be used to enable information to be gathered from other sources 
concerning inquirers or their relatives' participation in experiments 
and releases, in order to provide such information to the inquirers. 
Records in this system may be referred to agencies other than DOE if it 
appears that such other agencies may have conducted pertinent 
experiments or environmental releases or may administer remedial 
programs.
    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-87
    Human Radiation Experiments Helpline Records.
    None.
    U. S. Department of Energy, Office of Human Radiation Experiments, 
Washington, DC 20585
    This system of records contains records pertaining to persons in 
the following categories who contacted the DOE or the Interagency 
Helpline (operated by the DOE), after December 1, 1993, to determine or 
report their, or their relatives', possible exposure to radiation as a 
result of Human Radiation Experiments or environmental releases 
conducted or sponsored by the Government or to report possible exposure 
to radiation as a result of other Government or non-government 
activities:
    (1) Members of the public;
    (2) Former members of the armed forces;
    (3) Employees of the DOE, its predecessor agencies, and their 
contractors and subcontractors;
    (4) Persons exposed to radiation as a result of proximity to 
nuclear facilities or the intentional or accidental release of 
radiation.
    Data provided by persons contacting the DOE or the Interagency 
Helpline after December 1, 1993, to report or inquire about exposure to 
radiation consists of records of telephone conversations and 
correspondence. Records in this system also include correspondence 
between the callers, Members of Congress, attorneys who represent them, 
and with Federal agencies that conducted pertinent Human Radiation 
Experiments or environmental releases or administer remedial programs.
    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 be used by DOE as a source of information to 
assist the Advisory Committee on Human Radiation Experiments in the 
evaluation of the Human Radiation Experiments and environmental 
releases. See Executive Order 12891, 59 FR 2935, (January 20, 1994). 
Additionally, based upon the information reported by the persons that 
contacted DOE or the Interagency Helpline after December 1, 1993, to 
inquire about or report participation in the experiments or the effects 
of the environmental releases, DOE intends to gather pertinent 
information about the experiments and releases from other sources, in 
order to provide that information to the inquirers. The DOE will also 
refer particular cases to other Federal agencies which may have 
conducted pertinent experiments or releases or may administer remedial 
programs.
    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 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.
    3. A record from this system may be disclosed 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, subject 
to the same limitations applicable to DOE's officers and employees 
under the Privacy Act, as amended, 5 U.S.C. 552a.
    4. 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.
    5. A record from this system of records may be disclosed to the 
Department of Justice when: (a) DOE, any predecessor agency, or any 
component thereof; (b) any DOE or predecessor agency employee, in an 
official capacity; (c) the United States Government; (d) any current or 
former DOE, or predecessor agency, contractor, or any of their 
employees, is a party to, or has an interest in, litigation and DOE 
determines that the records are both relevant to and necessary for the 
litigation, 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; (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 [[Page 26421]] and 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, if DOE determines that the records 
are both relevant to and necessary for such investigation or 
prosecution and the use of such records by the appropriate agency is 
deemed by DOE to be compatible with the purpose for which DOE collected 
the records.
    8. 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.
    Records are maintained on electromagnetic or optical storage media, 
and paper records.
    Telephone calls have been placed in a database from which 
information is retrieved by the caller's name. Correspondence is 
retrieved by name of the person to whom the correspondence pertains or 
of the person submitting the correspondence.
    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 the DOE Order 1324.2 ``Records Disposition.''
ADDRESSES:
    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, HR-78, Washington, DC 20585, in 
accordance with the 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 possible participation in the Human 
Radiation Experiments or environmental release as defined in Appendix 
A, and, if the requester is a current or former employee of a 
Department 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.
    Subject individuals, family members, their attorneys, Senators and 
Representatives.
    None.

Appendix A

    As defined in Executive Order 12891, 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. 95-12042 Filed 5-12-95; 8:45 am]
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