[Federal Register Volume 61, Number 20 (Tuesday, January 30, 1996)]
[Notices]
[Pages 3014-3017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1608]



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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: The Department of Energy (DOE) proposes to establish a new 
system of records entitled ``DOE-88 Epidemiologic and Other Health 
Studies, Surveys and Surveillances.'' The Department has established an 
epidemiology and health surveillance program to determine the health 
effects of the Department's activities on workers and populations 
having access, or in proximity, to the Department's facilities. Federal 
Agencies are required by the Privacy Act of 1974 and Office of 
Management and Budget Circular A-130, Transmittal Memorandum No. 2, 
July 15, 1994, to publish notice in the Federal Register of proposed 
systems of records.

DATES: The proposed new system of records will become effective without 
further notice 40 days after publication in the Federal Register (March 
11, 1996) 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, FOIA/Privacy Act Division, Office of Executive 
Secretariat, U.S. Department of Energy, HR-78, 1000 Independence 
Avenue, SW, Washington, DC 20585. Any written comments received 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) Heather Stockwell, Acting 
Director, Office of Epidemiologic Studies, EH-62, U.S. Department of 
Energy, 19901 Germantown Road, Germantown, MD 20874-1290, (301) 903-
3721; or (2) GayLa D. Sessoms, Director, FOIA/Privacy Act Division, HR-
78, U.S. Department of Energy, 1000 Independence Avenue, SW, 
Washington, DC 20585, (202) 586-5955; or (3) Harold Halpern, Office of 
General Counsel, GC-80, U.S. Department of Energy, 1000 Independence 
Avenue, SW, Washington, DC 20585, (202) 586-7406.

SUPPLEMENTARY INFORMATION: The DOE proposes to establish a new system 
of records entitled ``DOE-88 Epidemiological and Other Health Studies, 
Surveys and Surveillances''. The Department has established an 
epidemiology and health surveillance program to determine the health 
effects of the Department's activities on workers and populations 
having access, or in proximity, to the Department's facilities. 
Epidemiological studies are an important means of determining the 
status of, and improving, public health. Epidemiological studies permit 
the scientific evaluation of the effects of exposure to potentially 
harmful materials by determining and quantifying health effects 
associated with such exposures. Health surveys, which are used to 
assess immediate health issues, are designed to discover the 
occupational source of outbreaks of illness, injury, or death, and to 
describe the extent of exposure to specific substances at a single 
point in time. Surveillance is used to identify new and emerging health 
problems by monitoring groups of workers, who have the same job or 
exposures, for changes in their illness and injury patterns over time.
    Information in the proposed new system will assist the Department 
in studying and monitoring individual employee and aggregate population 
health risks from exposures to radiation, chemicals, or other hazards 
that may have occurred as a result of the Department's operations and 
other energy-related activities. The studies should provide information 
that is necessary for long-range energy planning pursuant to continued 
development of the national energy strategy. The health studies include 
all Department facilities and workers and other special populations 
that have relevance to the Department's mission.
    Pursuant to the Memoranda of Understanding with the Department of 
Health and Human Services (``HHS''), 56 FR 9701, March 7, 1991, and the 
Agency for Toxic Substances and Disease Registry (``ATSDR''), October 
10, 1990, studies, surveys and surveillances will be conducted for DOE 
by units of the Public Health Service, the National Institute for 
Occupational Safety and Health, the National Center for Environmental 
Health, and ATSDR, and their contractors, grantees, and cooperative 
agreement holders. States also may perform studies as the Department's 
or the Department of Health and Human Services' contractors, grantees, 
or cooperative agreement holders.
    Records in the new system will have the following routine uses, 
among others:
    (1) A record from this system of records may be disclosed to 
facilitate health hazard evaluations, epidemiological studies, or 
public health activities required by law performed by personnel, 
contractor personnel, grantees, and cooperative agreement holders of 
components of the Department of Health and Human Services, including 
the National Institute for Occupational Safety and Health, the National 
Center for Environmental Health of the Centers for Disease Control and 
Prevention, and the Agency for Toxic Substances and Disease Registry 
pursuant to Memoranda of Understanding between the Department and the 
Department of Health and Human Services or its components.
    (2) Subject to the same Privacy Act limitations applicable to 
employees of the Department, a record from this system of records may 
be disclosed as a routine use to contractors, grantees, participants in 
cooperative agreements, collaborating researchers, or their employees, 
in performance of health studies or related health or environmental 
duties pursuant to their contracts, grants, and cooperating or 
collaborating research agreements. In order to perform such studies, 
the Department, its contractors, grantees, participants in cooperative 
agreements, and collaborating researchers may disclose a record: to 
Federal, State, and local health and medical agencies or authorities; 
to subcontractors in order to determine a subject's vital status or 
cause of death; to health care providers to verify a diagnosis or cause 
of death; or to third parties to obtain current addresses for 
participants in health-

[[Page 3015]]
related studies, surveys, and surveillances. All recipients of such 
records are required to comply with the Privacy Act, to follow 
prescribed measures to protect personal privacy, and to disclose or use 
personally identifiable information only for the above described 
research purposes.
    (3) A record from this system of records may be disclosed to 
members of Department advisory committees, the Department of Health and 
Human Services Advisory Committee on Projects Related to Department of 
Energy Facilities, and to designated employees of Federal, State, or 
local government, or government-sponsored entities, authorized to 
provide advice to the Department concerning health, safety, or 
environmental issues. All recipients of such records are required to 
comply with the Privacy Act, to follow prescribed measures to protect 
personal privacy, and to disclose or use personally identifiable 
information only for the purpose of providing advice to the Department 
or to the Department of Health and Human Services.
    The proposed new system of records should not have adverse privacy 
consequences. Health studies tend to benefit persons in the studied 
populations by identifying increases in adverse health effects 
following exposure to toxic agents. Individuals are never identified in 
published studies and the studies are not used to support 
determinations concerning any individual's rights, benefits, or 
privileges. Regarding current and former employees of the Department, 
its predecessors and their contractors, the proposed system will 
contain information gathered from other Department systems permitting 
disclosure for health studies as routine uses, as well as information 
gathered from individuals and employers.
    Furthermore, privacy interests will be protected by a number of 
means. As a condition of releasing individually identifiable 
information for studies, surveys, or surveillances conducted for DOE, 
persons conducting studies will, consistent with the routine uses, be 
required to: (1) Keep personal information confidential; (2) use 
personal information only for purposes of studies in which there is no 
publication of the identity of any individual subject; (3) consult with 
DOE prior to any release of personally identifiable information 
obtained from DOE; (4) establish reasonable administrative, technical, 
and physical safeguards to prevent unauthorized use or disclosure of 
the record; (5) make no further use or disclosure of the record except 
(a) in emergency circumstances affecting the health or safety of any 
individual, (b) for use in another research project under these same 
conditions and with written authorization of the Department, (c) for 
disclosure to an authorized person for the purpose of an audit related 
to the research project, and (d) when required by law. Additionally, 
the Department will secure a written statement attesting to the 
recipient's understanding of, and willingness to abide by, these 
provisions. The provisions in this paragraph apply to DOE collaborating 
researchers, not those studies being performed by the Department of 
Health and Human Services.
    Privacy safeguards are in place regarding the studies to be 
conducted pursuant to the Memoranda of Understanding with Department of 
Health and Human Services or its components. Department of Health and 
Human Services has agreed: (1) Not to use or disclose any personally-
identifiable information obtained from DOE or its contractors and 
grantees except for research purposes; (2) not to use information in 
identifiable form to make any determination about the rights, benefits, 
or privileges of any individual; (3) to use and disclose information in 
accord with agreements under which the personally-identifiable 
information was obtained by the Department or its contractors and 
provided such use or disclosure is consistent with applicable law; (4) 
to notify the Department of any efforts to use or obtain personally-
identifiable information for purposes other than research or other 
public health activities required by law; (5) to use and take 
appropriate steps to prevent improper disclosure; (6) to establish or 
modify Privacy Act systems of records broadening the ``Categories of 
Individuals'' section to specifically address information provided by 
DOE, as necessary, and consult with the Department concerning 
provisions of Privacy Act systems of records notices. Additionally, 
Department of Health and Human Services requires its contractors, 
grantees, and cooperative agreement holders performing epidemiological 
studies to abide by conditions similar to those imposed by the 
Department, as described in this paragraph.
    The proposed system will contain records gathered from other 
Department of Energy systems of records having routine uses that permit 
disclosure for health studies. See 60 FR 33510 (June 28, 1995) 
(amending routine uses in DOE-1, DOE-5, DOE-13, DOE-33, DOE-35, DOE-36, 
DOE-38, DOE-40, DOE-67, DOE-71, DOE-72, and DOE-73). The types of 
records needed will be determined by the design and goals of each 
particular study. Examples of possible types of data needed from other 
Department systems of records include, questionnaires, demographic 
information, work history, medical and reproductive history, birth 
data, radiation and other exposure history, laboratory test results, 
data from prior health studies, surveys, and surveillances, and alcohol 
and tobacco use history. Such data are found in records such as health 
study or personnel files and lists, training files, medical records, 
legal case files, bioassay records, industrial hygiene files, radiation 
and other hazard exposure records, occupational and industrial accident 
records, employee medical insurance claims, personnel security 
clearance questionnaires, and employee and visitor access control 
records.
    The new system of records may contain data concerning current and 
former employees of DOE, its predecessor agencies, and their 
contractors and subcontractors, as well as other designated individuals 
included in authorized epidemiologic or other health studies, surveys, 
and surveillances pertaining to any potential health hazard (including 
electromagnetic fields) associated with energy production, 
transmission, or use. The system may also contain data about 
individuals exposed to radiation or other industrial toxicants as a 
result of living or working in proximity to DOE facilities. Members of 
the general population selected as control groups may also be included.
    DOE is submitting the report required by Office of Management and 
Budget Circular A-130 concurrently with the publication of this notice. 
The text of the systems notice is set forth below.

    Issued in Washington, DC this 19th day of January 1996.
Archer L. Durham,
Assistant Secretary for Human Resources and Administration.
DOE-88
System name:
    Epidemiologic and Other Health Studies, Surveys and Surveillances.
Security classification:
    None.
System location(s):
    U.S. Department of Energy, Office of Environment, Safety and 
Health, Office of Health Studies (EH-62), Germantown, MD 20874-1290. 
Portions may also be located with contractors, other entities involved 
in conducting or 

[[Page 3016]]
managing health studies, surveys, and surveillances, or other 
Department offices listed below:

1. U.S. Department of Energy, Alaska Power Administration, 2770 
Sherwood Lane, Juneau, AK 99801-8545
2. U.S. Department of Energy, Albuquerque Operations Office, P.O. Box 
5400, Albuquerque, NM 87185-5400
3. U.S. Department of Energy, Bartlesville Project Office, 220 North 
Virginia Avenue, P.O. Box 1398, Bartlesville, OK 74003
4. U.S. Department of Energy, Bonneville Power Administration, P.O. Box 
3621, Portland, OR 97208
5. U.S. Department of Energy, Chicago Operations Office, 9800 South 
Cass Avenue, Argonne, IL 60439
6. U.S. Department of Energy, Golden Field Office, 1617 Cole Boulevard, 
Golden, CO 80401
7. U.S. Department of Energy, Grand Junction, P.O. Box 2567, Grand 
Junction, CO 81502-2567
8. U.S. Department of Energy, Headquarters, 1000 Independence Avenue, 
SW., Washington, DC 20585
9. U.S. Department of Energy, Idaho Operations Office, 785 DOE Place, 
Idaho Falls, ID 83401
10. U.S. Department of Energy, Morgantown Energy Technology Center, 
3610 Collins Ferry Road, P.O. Box 880, Morgantown, WV 26507-0880
11. U.S. Department of Energy, Nevada Operations Office, P.O. Box 
98518, Las Vegas, NV 89193-8518
12. U.S. Department of Energy, Oak Ridge Operations Office, P.O. Box 
2001, Oak Ridge, TN 37831
13. U.S. Department of Energy, Oakland Operations Office, 1301 Clay 
Street, Oakland, CA 94612-5208
14. U.S. Department of Energy, Ohio Field Office, 1 Mound Road, 
Miamisburg, OH 45342
15. U.S. Department of Energy, Pittsburgh Energy Technology Center, 
P.O. Box 10940, Pittsburgh, PA 15236-0940
16. U.S. Department of Energy, Pittsburgh Naval Reactors, P.O. Box 109, 
West Mifflin, PA 15122-0109
17. U.S. Department of Energy, Richland Operations Office, 825 Jadwin 
Avenue, P.O. Box 550, Richland, WA 99352
18. U.S. Department of Energy, Rocky Flats Office, P.O. Box 928, 
Golden, CO 80402-0928
19. U.S. Department of Energy, Savannah River Operations Office, P.O. 
Box A, Aiken, SC 29801
20. U.S. Department of Energy, Schenectady Naval Reactors Office, P.O. 
Box 1069, Schenectady, NY 12301
21. U.S. Department of Energy, Southeastern Power Administration, 
Samuel Elbert Building, Public Square, Elberton, GA 30635
22. U.S. Department of Energy, Southwestern Power Administration, P.O. 
Box 1619, Tulsa, OK 74101
23. U.S. Department of Energy, Strategic Petroleum Reserve Project 
Office, 900 Commerce Road East, New Orleans, LA 70123
24. U.S. Department of Energy, Western Area Power Administration, P.O. 
Box 3402, Golden, CO 80401
Categories of individuals covered by the system:
    The system includes data about individuals who were included in any 
authorized epidemiologic or other health study, survey, or 
surveillance. Such persons include current and former employees of the 
Department, its predecessor agencies, and their contractors and 
subcontractors, as well as other individuals included in health 
studies, surveys, and surveillances pertaining to any potential health 
hazard (including electromagnetic fields) associated with energy 
production, transmission, or use. Accordingly, persons having access, 
or in proximity, to the Department's facilities, persons involved in or 
effected by energy production activities, and members of the general 
population selected as control groups may also be included. Personal 
information in this system of records concerning current and former 
employees of the Department, its predecessors, and their contractors is 
derived from other Department of Energy systems of records having 
routine uses permitting disclosure for health studies, as well as from 
other sources.
Categories of records in the system:
    The specific types of records collected and maintained are 
determined by the needs of the individual study, survey, or 
surveillance. Examples include, but are not limited to, questionnaires, 
demographic information, work history, medical and reproductive 
history, birth data, radiation and other exposure history, laboratory 
test results, data from prior studies, surveys, and surveillances, 
alcohol and tobacco use history, and illness absence information. 
Information may be collected directly from individuals, as well as 
extracted as necessary from personnel files and lists, training files, 
medical records, legal case files, bioassay records, industrial hygiene 
files, payroll and leave records, radiation and other hazard exposure 
records, occupational and industrial accident records, employee 
insurance claims, personnel security clearance questionnaires, 
personnel assurance program records, and related sources.
Authority:
    5 U.S.C. 301, Pub. L. 89-554, 89 Stat. 379 (1966); authority 
incorporated by reference in Title III of the Department of Energy 
Organization Act at 42 U.S.C. 7151 and 7297, Pub. L. 95-91, 91 Stat. 
565 (1977), including 42 U.S.C. 2201(c), 2201(i)(3), 5813 and 5817;
Purpose:
    This system will contain data for epidemiological and other health 
studies, surveys and surveillances, performed by the Department and the 
Department of Health and Human Services performing studies for the 
Department, their contractors, grantees, and collaborating researchers. 
The health studies pertain to individual and aggregate population 
health risks from exposures to radiation, or other chemical, physical, 
or biological hazards that may occur or may have occurred as a result 
of the Department's, its predecessor agencies', and their contractors' 
operations, or as a result of energy production, transmission, or use. 
Individually identifiable information does not appear in published 
epidemiological studies or other published health studies, surveys, and 
surveillances. However, the system will contain records compiled in 
completing published and unpublished studies, surveys, and 
surveillances from which information may be retrieved by name or other 
personal identifier.
Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    (1) A record from this system of records may be disclosed to 
facilitate health hazard evaluations, epidemiological studies, or 
public health activities required by law performed by personnel, 
contractor personnel, grantees, and cooperative agreement holders of 
components of the Department of Health and Human Services, including 
the National Institute for Occupational Safety and Health, the National 
Center for Environmental Health of the Centers for Disease Control and 
Prevention, and the Agency for Toxic Substances and Disease Registry 
pursuant to the Memoranda of Understanding between the Department and 
the Department of Health and Human Services or its components.
    (2) Subject to the same Privacy Act limitations applicable to 
employees of 

[[Page 3017]]
the Department, a record from this system of records may be disclosed 
as a routine use to contractors, grantees, participants in cooperative 
agreements, collaborating researchers, or their employees, in 
performance of health studies or related health or environmental duties 
pursuant to their contracts, grants, and cooperating or collaborating 
research agreements. In order to perform such studies, the Department, 
its contractors, grantees, participants in cooperative agreements, and 
collaborating researchers may disclose a record: To Federal, State, and 
local health and medical agencies or authorities; to subcontractors in 
order to determine a subject's vital status or cause of death; to 
health care providers to verify a diagnosis or cause of death; or to 
third parties to obtain current addresses for participants in health-
related studies, surveys and surveillances. All recipients of such 
records are required to comply with the Privacy Act, to follow 
prescribed measures to protect personal privacy, and to disclose or use 
personally identifiable information only for the above described 
research purposes.
    (3) A record from this system of records may be disclosed to 
members of Department advisory committees, the Department of Health and 
Human Services Advisory Committee on Projects Related to Department of 
Energy Facilities, and to designated employees of Federal, State, or 
local government, or government-sponsored entities, authorized to 
provide advice to the Department concerning health, safety, or 
environmental issues. All recipients of such records are required to 
comply with the Privacy Act, to follow prescribed measures to protect 
personal privacy, and to disclose or use personally identifiable 
information only for the purpose of providing advice to the Department 
or to the Department of Health and Human Services.
    (4) A record from this system of records 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 subject to the same limitations applicable 
to DOE officers and employees under the Privacy Act.
    (5) A record from this system of records may be disclosed to the 
Department of Justice when: (a) 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 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.
Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Electromagnetic storage material, microfilm, paper records, and 
computer printouts.
Retrievability:
    By name, study/surveillance-assigned control number, or social 
security number. Some of these records may be entered into a database. 
Records in a database may be retrieved by name, or other personal 
identifier, as dictated by the needs of the particular researcher.
Safeguards:
    During business hours, records at Department sites are maintained 
in secured buildings with access limited to those whose official duties 
require access; during nonbusiness hours, the records are in guarded, 
secured rooms. Paper records are maintained in labeled cabinets. Access 
to secured records is limited to individuals having a need-to-know as 
determined by the Department's Office of Epidemiology and Health 
Surveillances. Magnetic disk or tape records will be secured in a 
computer storage area. Printed or readable reports will be under the 
control of a custodian and stored and processed as sensitive 
unclassified material.
Retention and disposal:
    After data needed for a study or surveillances is collected and 
processed, the system manager will give written authorization for 
destruction of personal identifiers and source documents, unless the 
information is needed for further research or other purposes. Records 
retention and disposal authorities are contained in the General Records 
Schedule and DOE records schedules which have been approved by the 
National Archives and Records Administration. See DOE Order 1324.5B. 
Records within the DOE are destroyed by shredding, burning, or burial 
in a sanitary landfill, as appropriate.
System manager and address:
    U.S. Department of Energy, Director, Office of Epidemiologic 
Studies, EH-62, Germantown, Md. 20874-1290.
Notification procedures:
    a. Requests by an individual to determine if a system or records 
contains information about him/her should be directed to: Director, 
Freedom of Information and Privacy Act Division, U.S. Department of 
Energy, Washington, DC 20585, or the Freedom of Information and Privacy 
Officer at the operations offices listed above in accordance with DOE's 
Privacy Act regulations (10 CFR part 1008, 45 FR 61576, September 16, 
1980).
    b. Required identifying information: Individual's name; address; 
employer(s), and employment dates at the time of any exposure that was, 
or may have been, the focus of a study, survey, or surveillance; social 
security number; current name; address; and telephone number.
Record access procedures:
    Same as notification procedures.
Contesting record procedures:
    Same as notification procedures.
Record source categories:
    Subject individual and subject individual's employer, including DOE 
and its predecessor agencies and their contractors and subcontractors.
Systems exempted from certain provisions of the act:
    None.

[FR Doc. 96-1608 Filed 1-29 -96; 8:45 am]
BILLING CODE 6450-01-P