[Federal Register Volume 60, Number 241 (Friday, December 15, 1995)]
[Notices]
[Pages 64424-64427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30587]



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DEPARTMENT OF ENERGY

Privacy Act of 1974; Amendment of Existing System of Records

AGENCY: Department of Energy (DOE).

ACTION: Amendment of one existing 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 notice in the Federal Register of 
proposed amendments to the routine uses of existing systems of records. 
The Department of Energy proposes to amend the routine uses of one of 
its systems of records, DOE-15, Payroll and Pay-Related Data For 
Employees Of Terminated Contractors, to permit disclosure of certain 
categories of records in the system for epidemiological and other 
health studies and surveys and to health studies advisory entities as 
routine uses of these categories of records.

DATES: The proposed revisions will become effective without further 
notice 40 days after publication in the Federal Register (January 24, 
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. 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) 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 Department of Energy proposes to amend 
the routine uses of one of its systems of record, DOE-15, Payroll and 
Pay-Related Data For Employees Of Terminated Contractors, to permit 
disclosure of certain categories of records in this system for 
epidemiological and other health studies and surveys and to health 
studies advisory entities as routine uses of these categories of 
records.
    Previously, the Department amended 12 other systems of records to 
permit disclosure of all categories of records in the 12 systems for 
health studies and to health studies advisory entities. See 60 FR 33510 
(June 28, 1995). The Department received no comments concerning that 
proposal. The currently proposed amendments, as detailed below, would 
permit only certain categories of records in this system to be 
disclosed for health studies and to advisory entities.
    Categories of records in DOE-15 to be made available for the new 
routine uses include employment history, job titles, and discrete 
portions of payroll data reflecting attendance, illness, or other 
matters of the type described above. Records that could reflect 
adversely on their subjects, such as disciplinary actions, reprimands, 
admonitions, adverse actions, performance appraisals, security 
infraction notices and similar matters, will not be made available for 
the proposed new routine uses.
    The Department's epidemiology and health surveillance program was 
established 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.
    The proposed health study routine use amendments to the system will 
assist the Department in studying and monitoring individual employee 
and aggregate population health risks from exposures to radiation or 
other hazards that may have occurred as a result of the Department's 
operations.
    Pursuant to Memoranda of Understanding with the Department of 
Health and Human Services (``HHS''), and the Agency for Toxic 
Substances and Disease Registry (``ATSDR''), studies, surveys and 
surveillances will be conducted for DOE by units of the Public Health 
Service, including the National Institute for Occupational Safety and 
Health and the National Center for Environmental Health of the Centers 
for Disease Control and Prevention, 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.
    The studies are focussed on a variety of areas that are important 
for assessing the real and potential health risks to workers and the 
public resulting from the Department's energy-related technologies and 
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.
    The proposed new routine uses of records in this system of records 
are:
    (1) Discrete portions of payroll and pay related data reflecting 
employment history, date of birth, job titles, job descriptions, 
attendance, accidents, illnesses, medical conditions, exposure to toxic 
agents and similar matters, 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 and 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. Records that 
may reflect adversely upon individuals, such as records concerning 
disciplinary actions, reprimands, admonitions, adverse actions, 
performance appraisals, security infraction notices, supervisor-
employee discussions, and similar matters, will not be made available 
for the proposed new routine uses. 

[[Page 64425]]

    (2) Subject to the same Privacy Act limitations applicable to 
employees of the Department, discrete portions of payroll and pay 
related data reflecting employment history, date of birth, job titles, 
job descriptions, attendance, accidents, illnesses, medical conditions, 
exposure to toxic agents and similar matters, 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. Records that may reflect adversely upon individuals, 
such as records concerning disciplinary actions, reprimands, 
admonitions, adverse actions, performance appraisals, security 
infraction notices, supervisor-employee discussions, and similar 
matters, will not be made available for the proposed new routine uses.
    (3) Discrete portions of payroll and pay related data reflecting 
employment history, date of birth, job titles, job descriptions, 
attendance, accidents, illnesses, medical conditions, exposure to toxic 
agents, and similar matters, 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. Records that may reflect adversely upon 
individuals, such as records concerning disciplinary actions, 
reprimands, admonitions, adverse actions, performance appraisals, 
security infraction notices, supervisor-employee discussions, and 
similar matters, will not be made available for the proposed new 
routine uses.
    The proposed health studies amendments should not have adverse 
privacy consequences. Health studies tend to benefit persons in the 
studied populations by identifying possible 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.
    Furthermore, in addition to the withholding of records that may 
adversely reflect upon individual employees, 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 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 from 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 and other public health 
activities required by law; (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 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 or other public 
health activities required by law to abide by conditions similar to 
those imposed by the Department, as described in this paragraph.
    The Department is also adding its (1) authority for maintaining 
this record system, and (2) Savannah River Operations Office as one of 
the locations of records contained in DOE-15.
    The Department is submitting the report required by Office of 
Management and Budget Circular A-130 concurrently with the publication 
of this notice. The text of this notice contains the information 
required by the Privacy Act, 5 U.S.C 552a(e)(4)(d).

    Issued in Washington, DC this 11th day of December, 1995.
Archer L. Durham,
Assistant Secretary for Human Resources and Administration.
DOE-15
System name:
    Payroll and Pay-Related Data for Employees of Terminated 
Contractors.
System location:
U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, 
DC 20585
U.S. Department of Energy, Albuquerque Operations Office, PO 

[[Page 64426]]
Box 5400, Albuquerque, N.M. 87185-5400
U.S. Department of Energy, Chicago Operations Office, 9800 South Cass 
Avenue, Argonne, IL 60439
U.S. Department of Energy, Idaho Operations Office, 785 DOE Place, 
Idaho Falls, ID 83402
U.S. Department of Energy, Oak Ridge Operations Office, PO Box 2001, 
Oak Ridge, TN 37831-8501
U.S. Department of Energy, Richland Operations Office, 825 Jadwin 
Avenue, PO Box 550, Richland, WA 99352
U.S. Department of Energy, Savannah River Operations Office, PO Box A, 
Aiken, SC 29802
U.S. Department of Energy, Western Area Power Administration, PO Box 
4302, Golden, CO 80401
Categories of individuals covered by the system:
    Former contractor employees.
Categories of records in the system:
    Employee payroll data from terminated contractors, employment 
history, job titles, complaints, salary reviews, and similar 
information.
Authority for maintenance of the system:
5 U.S.C. 301; Department of Energy Organization Act, including 
authorities incorporated by reference in Title III of the Department of 
Energy Organization Act.
Previous routine uses of records maintained in the system, including 
categories of users and the purposes of such uses:
    The records are used to verify past earnings, job titles, periods 
of employment, and pay status for Government agencies, litigation and 
medical decisions, plus the following:
    1. In the event that a record within this system of records 
maintained by this agency 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 as a routine 
use to the appropriate agency, whether Federal, State, local, or 
foreign, 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.
    2. 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, 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.
    3. 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 an 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.
    4. 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.
    5. A record maintained by this agency to carry out its functions 
which relates to civil and criminal proceedings may be disclosed to the 
news media in accordance with guidelines contained in Department of 
Justice regulations 28 CFR 50.2.
    6. A record maintained by this agency to carry out its functions 
may be disclosed to foreign governments in accordance with treaty 
obligations.
    7. 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.
    8. 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.
    9. A record in this system of records may be disclosed, as a 
routine use, to a member of Congress submitting a 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.
    10. A record in this system of records which contains medical and/
or psychological information may be disclosed, as a routine use, to the 
physician or mental health professional of any individual submitting a 
request for access to the record under the Privacy Act of 1974 and 
DOE's Privacy Act regulations if, in its sole judgment and good faith, 
DOE believes that disclosure of the medical and/or psychological 
information directly to the individual who is the subject of the record 
could have an adverse effect upon that individual, in accordance with 
the provisions of 5 U.S.C. 552a(f)(3) and applicable DOE regulations.
Proposed amended routine uses of records maintained in the system, 
including categories of users and the purposes of such uses:
    11. Discrete portions of payroll and pay related data reflecting 
employment history, date of birth, job titles, job descriptions, 
attendance, accidents, illnesses, medical conditions, exposure to toxic 
agents and similar matters, 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 and 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. Records that 
may reflect adversely upon individuals, such as records concerning 
disciplinary actions, reprimands, admonitions, adverse actions, 
performance appraisals, security infraction notices, supervisor-
employee discussions, and similar matters, will not be made available 
for the proposed new routine uses.
    12. Subject to the same Privacy Act limitations applicable to 
employees of the Department, discrete portions of payroll and pay 
related data reflecting employment history, date of birth, job titles, 
job descriptions, attendance, accidents, illnesses, medical conditions, 
exposure to toxic agents and similar matters, may be disclosed as a 
routine use to contractors, grantees, participants in cooperative 
agreements, collaborating researchers, or their employees, in 

[[Page 64427]]
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. Records that may reflect adversely upon individuals, 
such as records concerning disciplinary actions, reprimands, 
admonitions, adverse actions, performance appraisals, security 
infraction notices, supervisor-employee discussions, and similar 
matters, will not be made available for the proposed new routine uses.
    13. Discrete portions of payroll and pay related data reflecting 
employment history, date of birth, job titles, job descriptions, 
attendance, accidents, illnesses, medical conditions, exposure to toxic 
agents, and similar matters, 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. Records that may reflect adversely upon 
individuals, such as records concerning disciplinary actions, 
reprimands, admonitions, adverse actions, performance appraisals, 
security infraction notices, supervisor-employee discussions, and 
similar matters, will not be made available for the proposed new 
routine uses.
Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Paper records.
Retrievability:
    By name.
Safeguards:
    Records are maintained in DOE records holding area.
Retention and disposal:
    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. Records 
within the DOE are destroyed by shredding, burning, or burial in a 
sanitary landfill, as appropriate.
System manager(s) and address:
    Headquarters: U.S. Department of Energy, Office of Contractor Human 
Resource Management, (HR-54) 1000 Independence Avenue, SW., Washington, 
DC 20585.
    Field Offices: The directors of contractors industrial relations at 
the location where the records are maintained are the system managers 
for their respective portions of this system.
Notification procedure:
    a. Requests by an individual to determine if a system of records 
contains information about him/her should be directed to the Director, 
FOIA/Privacy Act Division, Department of Energy, Washington, DC 20585, 
or the Privacy Act Officer at the appropriate address identified under 
the heading ``System location'', above, in accordance with the 
Department's Privacy Act regulations (10 CFR part 1008 (45 FR 61576, 
September 16, 1980)).
    b. Required identifying information: Complete name, the geographic 
location(s) and organization(s) where requester believes such record 
may be located, date of birth, and time period.
Record access procedures:
    Same as notification procedures above.
Contesting record procedures:
    Same as notification procedures above.
Record source categories:
    DOE contractors.
Systems exempted from certain provisions of the act:
    None.

[FR Doc. 95-30587 Filed 12-14-95; 8:45 am]
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