[Federal Register Volume 59, Number 173 (Thursday, September 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22160]


[[Page Unknown]]

[Federal Register: September 8, 1994]


DEPARTMENT OF ENERGY

 

Privacy Act of 1974: Proposed Establishment of a New System of 
Records

AGENCY: Department of Energy (DOE).

ACTION: Notification of intent to create a new system of records.

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SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, 5 U.S.C. 552a, DOE is required to publish a notice in the Federal 
Register of a proposed system of records. The Department of Energy 
proposes to establish a new system of records entitled, 
``Counterintelligence Administrative and Analytical Records and 
Reports'' to maintain administrative records of DOE and contractor 
employees, consultants and certain other persons related to foreign 
travel, foreign contacts and administrative inquiries and 
investigations. The purpose of the system is to permit the Department 
of Energy to perform its duties as they pertain to counterintelligence, 
pursuant to Executive Order 12333, the Department of Energy Procedures 
for Intelligence Activities, and DOE Order 5670.3, 
``Counterintelligence Program.'' The records in this system will be 
used to analyze DOE counterintelligence activities, including 
administrative inquiries and investigations to identify and neutralize 
foreign intelligence threats to classified and sensitive DOE programs, 
information and activities, reports on foreign contacts, incidents and 
travel, and other related counterintelligence activities.
    DOE also proposes to establish routine uses that will provide 
access to these records by DOE contractors, the Federal Bureau of 
Investigation (FBI), and other authorized Federal agencies. The 
description of individuals covered by this system is set forth in the 
proposed Notice.
    System reports have been submitted to the Speaker of the House, the 
President of the Senate, and the Director of the Office of Management 
and Budget (OMB), in accordance with subsection 552a(r) of the Privacy 
Act and paragraph 4b(2) of Appendix I to OMB Circular No. A-130. The 
OMB requires that a system report be distributed no later than 60 days 
prior to the implementation of the announcement of a new system of 
records.

DATES: The new system of records will become effective without further 
notice on October 18, 1994, unless comments are received on or before 
that date which would result in a contrary determination and a notice 
is published to that effect.

ADDRESSES: Written comments should be directed to the following 
address: Denise B. Diggin, Chief, Freedom of Information and Privacy 
Acts Branch, U.S. Department of Energy, HR-831, 1000 Independence 
Avenue SW., Washington, DC 20585.

FOR FURTHER INFORMATION CONTACT:

Department of Energy, Denise B. Diggin, Chief, Freedom of Information 
and Privacy Acts Branch, HR-831, 1000 Independence Avenue SW., 
Washington, DC 20585. (202) 586-5955.
Department of Energy, Charles E. Washington, Office of 
Counterintelligence, NN-20, 1000 Independence Avenue SW., Washington, 
DC 20585. (202) 586-5333.
Department of Energy, Abel Lopez, Office of General Counsel, GC-80, 
1000 Independence Avenue SW., Washington, DC 20585. (202) 586-8618.

SUPPLEMENTARY INFORMATION: DOE proposes to exempt this system from 
subsections (k) (1), (2) and (5) of the Privacy Act, 5 U.S.C. 552a, to 
the extent that information within the system meets the requirements of 
those subsections of the Act. The system will further be exempted from 
subsections (c) (3) and (4), (d), (e) (1), (e)(4) (G) and (H), and (f) 
of 5 U.S.C. 552a under the Privacy Act of 1974, to the extent the 
information in this system of records is exempt pursuant to 5 U.S.C. 
552a(k) (1), (2) and (5). See DOE Privacy Act Regulations at 10 CFR 
Part 1008.12(b).
    The text of the system notice is set forth below.

    Issued in Washington, DC, on August 31, 1994.
Archer L. Durham,
Assistant Secretary for Human Resources and Administration.
DOE-81
    Counterintelligence Administrative and Analytical Records and 
Reports
    Classified and unclassified.
    The locations listed as items 1, 3, 8, 11, 12, 15, 16, and 17 in 
Appendix A, and the following additional locations:

--U.S. Department of Energy, Office of Counterintelligence, 
Headquarters, Forrestal Building, Washington, DC 20585
--U.S. Department of Energy, Los Alamos Area Office, 528 35th Street, 
Los Alamos, NM 87544
--U.S. Department of Energy, Pinellas Area Office, P.O. Box 11500, St. 
Petersburg, FL 33733
--U.S. Department of Energy, Sandia Area Office, P.O. Box 5400, 
Albuquerque, NM 87115
--National Security Technology, Pacific Northwest Laboratory
--Nonproliferation, Arms Control, and International Security 
Directorate, Lawrence Livermore National Laboratory
--International Technology Division, Los Alamos National Laboratory
--Systems Research Center (5900), Sandia National Laboratory, 
Albuquerque
--International Technology Programs Division, Oak Ridge K-25 Site
--Special Programs Group (SRTC), Savannah River Laboratory
--Defense Programs Technology, Idaho National Engineering Laboratory
--Special Technologies Laboratory (STL), Santa Barbara

    Current and former DOE employees, contractor employees, and 
consultants; persons suspected of violating DOE regulations or laws; 
and, where there are indications of contact with a current or former 
DOE employee, contractor employee or consultant, persons who are:
    a. Reasonably believed to be officers or employees of, or otherwise 
acting for or on behalf of, a foreign power;
    b. Members of an organization reasonably believed to be owned or 
controlled directly or indirectly by, a foreign power;
    c. Reasonably believed to be targets, hostages, or victims of 
international terrorist organizations; or
    d. Reasonably believed to be engaged in or about to engage in 
clandestine intelligence activities, sabotage, assassinations, or 
international terrorist activities involving DOE programs, personnel, 
facilities, information or materials.
    Analytical, training and investigative records, reports and files; 
travel reports; reports on foreign contacts; records, reports and files 
received from other DOE elements and other Federal agencies.
    5 U.S.C. 301; Atomic Energy Act of 1954, as amended; Department of 
Energy Organization Act, including authorities incorporated by 
reference in Title III of the Department of Energy Organization Act; 
Executive Order 12333; Federal Personnel Manual, Chapters 731 and 736.
    Pursuant to E.O. 12333, the Department of Energy Procedures for 
Intelligence Activities, and DOE Order 5670.3, the records in this 
system are used in furtherance of the responsibilities of the Office of 
Counterintelligence (OCI), which include analysis of the foreign 
intelligence threat; conducting administrative inquiries and 
investigations to identify and neutralize the foreign intelligence 
threat to classified and sensitive DOE programs, personnel, information 
and activities; reporting on foreign contacts and travel, including 
briefings and debriefings; conducting counterintelligence 
investigations and producing intelligence on hostile and foreign 
intelligence entities; counterintelligence related training; and other 
activities relating to OCI's responsibilities.
    Information maintained in this system will be used by the Office of 
Counterintelligence for administrative and analytical purposes. 
Information maintained in this system of records shall be disclosed to:

--The FBI when such records indicate a violation or probable violation 
of the law;
--Other counterintelligence agency components with whom the Office of 
Counterintelligence is preparing joint analysis of counterintelligence-
related threats which may impact the Department of Energy;
--In the event that information within this system of records indicates 
a violation or potential violation of law, whether civil, criminal or 
regulatory in nature, and whether arising by general statute or 
particular program pursuant thereto, the relevant records in the system 
of records may be referred to the appropriate Federal, State, local, or 
foreign agency, charged with the responsibility of investigating or 
prosecuting such violations or charged with enforcing or implementing 
the statute, or rule, regulation or order issued pursuant thereto;
--A record from this system of records may be disclosed as a routine 
use to a Federal, State, or local agency maintaining civil, criminal, 
or other relevant enforcement information or other pertinent 
information, such as current licenses, if necessary, to obtain 
information relevant to an agency decision concerning the hiring or 
retention of an employee, the issuance of a security clearance, the 
letting of a contract, or the issuance of a license, grant or other 
benefit;
--A record from this system of record may be disclosed, as a routine 
use, to a Federal agency, in response to its request, in connection 
with the hiring or retention of any employee, the issuance of a 
security clearance, the reporting of an investigation of an employee, 
the letting of a contract, or the issuance of a license, grant, or 
other benefit by the requesting agency, to the extent that the 
information is relevant and necessary to the requesting agency's 
decision on the matter;
--A record from this system of records may be disclosed, as a routine 
use, (a) to appropriate parties engaged in litigation or in preparation 
of possible litigation, such as potential witnesses, for the purpose of 
securing their testimony when necessary; (b) to courts, magistrates or 
administrative tribunals; (c) to parties and their attorneys for the 
purpose of proceeding with litigation or settlement of disputes; and 
(d) to individuals seeking information by using established discovery 
procedures, whether in connection with civil, criminal, or regulatory 
proceedings;
--Records maintained by this agency to carry out its functions which 
relate to civil and criminal procedings may be disclosed to the news 
media in accordance with guidelines contained in Department of Justice 
regulations 28 CFR 50.2;
--A record maintained by this agency to carry out its functions may be 
disclosed to foreign governments in accordance with treaty obligations;
--A record from this system of records may be disclosed to the Office 
of Management and Budget in connection with the review of private 
relief legislation as set forth in OMB Circular No. A-19 at any stage 
of the legislative coordination and clearance process as set forth in 
that Circular;
--A record from this system of records may be disclosed, as a routine 
use, to DOE contractors in performance of their contracts, provided the 
officers and employees have a need for the record in the performance of 
their duties; DOE contractor officers and employees are subject to the 
same limitations applicable to DOE officers and employees under the 
Privacy Act.
    Paper records and files, computer discs, data bases and printouts.
    By name, social security number or other personal identifying data.
    Access is limited to DOE employees and contractor employees having 
a need to know as well as authorized Federal agencies or components 
thereof. Records are maintained in secured, locked and guarded 
buildings.
    Records retention and disposal authorities are contained in DOE 
1324.2, ``Records Disposition.'' Records within DOE are destroyed by 
shredding, burning, or burial in a sanitary landfill, as appropriate.
    Director, Analytical Division, Office of Counterintelligence, NN-
30, U.S. Department of Energy, Forrestal Building, Room G-226, 1000 
Independence Avenue SW., Washington, DC 20585.
    a. Requests by an individual to determine if a system of records 
contains information about him/her should be directed to the Director, 
Freedom of Information and Privacy Acts Branch, U.S. Department of 
Energy (Headquarters), or the Privacy Act Officer at the appropriate 
address identified under ``System Location'' above or as items 1, 3, 8, 
11, 12, 15, 16 or 17 in Appendix A; in accordance with DOE's Privacy 
Act regulations (10 CFR Part 1008 (45 FR 61576, September 16, 1980)).
    b. Required identifying information: Completed Privacy Act Request 
Form, which includes full name, date of birth, geographic location(s) 
and organization(s) where requester believes such record may be 
located, and time period.
    Same as Notification Procedures above.
    Same as Notification Procedures above.
    The subject individual, present and former DOE employees and 
contractor employees; publicly available material; other agencies 
within the Intelligence Community; other offices and elements within 
DOE; the FBI, and other federal, state and local law enforcement 
agencies; sources contacted during administrative inquiries and 
investigations; and official records.
    This system is exempted under subsections (k) (1), (2) and (5) of 
the Privacy Act, 5 U.S.C. 552a, to the extent that information within 
the system meets the requirements of those subsections of the Act. The 
Secretary has further exempted this system from subsections (c) (3)and 
(4), (d), (e)(1), (e)(4) (G) and (H), and (f) of 5 U.S.C. 552a under 
the Privacy Act of 1974, to the extent the information in this system 
of records is exempt pursuant to 5 U.S.C. 552a(k) (1), (2) and (5). See 
DOE Privacy Act Regulations at 10 CFR part 1008.12(b).
    Subsection (k)(1), 5 U.S.C. 552a(k)(1), permits an agency head to 
exempt those systems of records which are ``specifically authorized 
under criteria established by an Executive Order to be kept secret in 
the interest of national defense or foreign policy and are in fact 
properly classified pursuant to such Executive Order.'' See 5 U.S.C. 
552(b)(1)(A). Subsection (k)(2), 5 U.S.C. 552a(k)(2), allows the 
exemption of records compiled in the course of an investigation of an 
alleged or suspected violation of laws and regulations.
    Subsection (k)(5), 5 U.S.C. 552a(k)(5), allows the exemption of 
``investigatory material compiled solely for the purpose of determining 
suitability, eligibility, or qualifications for Federal civilian 
employment, military service, Federal contracts, or access to 
classified information, but only to the extent that disclosure of such 
material would reveal the identity of a source who furnished 
information to the Government under an express promise that the 
identity of the source would be held in confidence, or, prior to the 
effective date of this section, under an implied promise that the 
identity of the source would be held in confidence.'' See DOE's Privacy 
Act Regulations at 10 CFR Part 1008.12(b), 45 FR 61576, September 16, 
1990, and refer to Proposed Amendment to the Department of Energy's 
Privacy Act Regulations published elsewhere in this issue.

[FR Doc. 94-22160 Filed 9-7-94; 8:45 am]
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