[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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