[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]
BILLING CODE 6450-01-P
