[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: 94-22161]


[[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.

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

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SUMMARY: In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the 
Department of Energy (DOE) is required to publish a notice in the 
Federal Register when a system of records is established. The DOE 
proposes to establish a new system of records entitled 
``Counterintelligence Investigative Records'' to maintain joint-law 
enforcement investigative records relating to counterintelligence 
matters. Records maintained in this system will be used to conduct 
joint law enforcement counterintelligence investigations between the 
DOE's Office of Counterintelligence (OCI) and the Federal Bureau of 
Investigations (FBI) or other Federal law enforcement agencies, or 
components thereof. These records may be provided to these agencies and 
components as needed, and may be used as a basis for legal actions and 
all matters pertaining thereto, including civil and criminal remedies. 
Persons covered under this system are DOE and DOE contractor employees, 
consultants, and other persons suspected of involvement in espionage, 
sabotage, or other hostile and foreign intelligence activities directed 
at or affecting DOE facilities, programs, information, personnel or 
other Department resources. The purpose of the system is to satisfy the 
requirements of Executive Order 12333, the Department of Energy 
Procedures for Intelligence Activities, DOE Order 5670.3, 
``Counterintelligence Program,'' and National Security Directive 47. 
Law enforcement activities include identifying illegal activities of 
individuals when they pertain to activities directed at, and threats 
posed to, DOE facilities, information, programs, personnel, materials, 
and all matters pertaining thereto. DOE proposes to establish routine 
uses for this system that allow records maintained in this system to be 
disclosed to the FBI and other authorized Federal law enforcement 
investigatory agencies or organizations conducting counterintelligence 
investigations or when a violation of the law is suspected or has 
occurred. System reports have been submitted to the Chairman of the 
Committee on Governmental Affairs of the U.S. Senate, the Chairman of 
the Committee on Government Operations of the U.S. House of 
Representatives, and the Director of the Office of Information and 
Regulatory Affairs of the Office of Management and Budget (OMB) 
pursuant to subsection 552a(r) of the Privacy Act and paragraph 4b(2) 
of Appendix I to OMB Circular 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 Washington, Office of 
Counterintelligence, NN-30, 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 pursuant 
to subsections (j)(2) and (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 these subsections of the Act. The system will be 
exempted from subsections (c) (3) and (4), (d), (e) (1), (2) and (3), 
(e)(4) (G) and (H), (e)(8), (f) and (g) of 5 U.S.C. 552a, to the extent 
the information in this system of records is exempt pursuant to 5 
U.S.C. 552a(j)(2). The system also will be exempted from subsections 
(c) (3) and (4), (d), (e)(1), (e)(4) (G) and (H), and (f) of 5 U.S.C. 
552a, to the extent the information in this system of records is exempt 
pursuant to 5 U.S.C. 552a(k) (1), (2) or (5).
    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-84
    Counterintelligence Investigative Records.
    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 criminal 
laws; and where there are indications of contact with a current or 
former DOE employee, contractor employee or consultant, by 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 or about to engage in 
clandestine intelligence activities, sabotage, assassinations, or 
international terrorist activities involving DOE programs, personnel, 
facilities, information, or materials.
    Law enforcement records, reports and files; reports on foreign 
contacts; records, reports and files received from other DOE elements 
and other Federal agencies related to intelligence activities.
    Executive Order 12333 and the Atomic Energy Act of 1954, as 
amended.
    Pursuant to E.O. 12333 and DOE Order 5670.3, ``Counterintelligence 
Programs,'' the records in this system are used by the OCI when 
participating in joint law enforcement counterintelligence-related 
investigations with the FBI or other Federal law enforcement agencies 
or components thereof in order to detect and prevent foreign 
intelligence threats directed at or involving DOE classified and 
sensitive information, programs, facilities, personnel, and other 
Department resources.
    Information maintained in this system will be used by the OCI when 
participating in a counterintelligence-related joint law enforcement 
investigation. Information collected in such investigations may be used 
for prosecutive actions.
    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 law enforcement agencies or components thereof with whom the 
Office of Counterintelligence is participating in a joint 
counterintelligence law enforcement investigation;
--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, computer discs, and microfilm.
    By name and social security number.
    Records are maintained in locked cabinets, computers restricted to 
coded entry, and computers secured for classified information. Access 
to computer records is by password only and may only be accessed by 
authorized staff in accordance with established procedures.
    Records retention land disposal authorities are contained in DOE 
Order 1324.2 RECORDS DISPOSITION. Records within the DOE are destroyed 
by shredding, burning, or burial in a sanitary landfill, as 
appropriate. Automated files are erased through approved security 
procedures.
    Director, Analytical Division, Office of Counterintelligence NN-20, 
U.S. Department of Energy, Forrestal Building, Room G-226, 1000 
Independence Avenue SW., Washington, DC 20585.
    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.
    Required identifying information: Full name, date of birth, 
geographic location(s), and organization(s) where requester believes 
such record may be located, and time period. Preferred method for 
providing this information is to use DOE F 1800 ``Privacy Act 
Information Requests'' form. If the requester does not use this 
official form, the request should then bear at the top of the request 
the words ``Privacy Act,'' ``Privacy Act Access,'' or ``Privacy Act 
Amendment,'' in accordance with DOE Order 1800.1A, II-1, ``Action on 
Initial Requests.''
    Same as Notification Procedures above.
    The subject individual, present and former DOE employees and DOE 
contractor employees; publicly available material; other agencies 
within the Intelligence Community; other offices within the DOE; the 
FBI, and other federal, state and local law enforcement agencies; and 
sources contacted during investigations.
    This system is exempt pursuant to subsections (j)(2) and (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. Under subsection (j)(2) of the Privacy Act, 
this system has been exempted from subsections (c) (3) and (4), (d), 
(e) (1), (2), and (3), (e)(4) (G) and (H), (e)(8), (f) and (g) of 5 
U.S.C. 552a. See DOE's Privacy Act Regulations at 10 CFR 1008.12(a), 45 
FR 61576, 61582, September 16, 1980.
    To the extent the information in this system of records is exempt 
pursuant to 5 U.S.C. 552a(k) (1), (2) and (5), the system has been 
further 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. See 
DOE's Privacy Act Regulations at 10 CFR 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. 94-22161 Filed 9-7-94; 8:45 am]
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