ML20206S330

Informs of Establishment of Two New Privacy Act Sys of records,NRC-43, Employee Health Center Records--NRC & NRC- 44, Employee Fitness Center Records--NRC, to Document Individuals Use of Svcs Provided & Received

ML20206S330
Person / Time
Issue date:	12/04/1998
From:	Rathbun D NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA)
To:	Burton D, Thompson F HOUSE OF REP., SENATE, GOVERNMENTAL AFFAIRS
References
CCS, NUDOCS 9901280359
Download: ML20206S330 (7)

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NUCLEAR REGULATORY COMMISSION WASMINGToN, D.c. 3000 MOM y ,,,,,) December 4, 1998 The Honorable Fred Thompson, Chairman Committee on Govemmental Affairs United States Senate

, Washington, DC 20510

Dear Mr. Chairman:

The Nuclear Regulatory Commission (NRC) is establishing two new Privacy Act systems of records, NRC-43, " Employee Health Center Records-NRC," and NRC-44, " Employee Fitness Center Records-NRC." The new systems of records will be used primarily to document individuals' use of services provided and received and to facilitate management of the Err 4,= Health and Fitness Centers and any other health care and fitness facilities operating under a contract or agreement with NRC.

In accordance with the guidance provided in Office of Management and Budget (OMB) Circular No. A-130, Appendix 1," Federal Agency Responsibilities for Maintaining Records About Individuals," copies of the proposed systems of records notices and the narrative statements are enclosed. Copies of these documents have also been sent to the Committee on Govemment Reform and Oversight of the U.S. House of Representatives and to the Office of Information and Regulatory Affairs, OMB, for a 40-day review and comment period.

If you have an questions about the proposed revisions to the system notice, please contact Jona Souder, Office of the Chief Information Officer. Ms. Souder can be reached by phone at 301 415-7170.

Sincerely,.

Dennis K. Rathbun, Director Office of Congressional Affairs Endoeures:

1. System Notices

2. Narrative Statements cc: SenatorJohn Glenn 9901280359 981204 PDR ORG NRCCO PDR g

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6 NARRATIVE STATEMENT The Nuclear Regulatory Commission (NRC) is proposing to establish a new Privacy Act system of records, NRC-43, " Employee Health Center Recorde-+1RC."

1.

Purpose:

The new system of records (system) is being established to document individualsuse of services provided and received and to facilitate management of the Health Center and any other health care facilities operating under a contract or agreement with NRC.

Information in the system will be maintained primarily to (1) provide data necessary to ensure proper evaluation, diagnosis, treatment, and referral to maintain continuity of care; (2) provide an accurate medical history of health care and medical treatment received by the individual; (3) plan for further care of the individual; (4) provide a means of communication among health care members who contribute to the individual's care; and (5) provide a means for evaluating the quality of health care provided.

2. Authority: 5 U.S.C. 7901; Executive Order 9397, November 22,1943.

3. Potential effects on ortvacy of individuals: NRC does not anticipate any unwarranted adverse effects on the privacy of individuals due to the maintenance of this system of records since information in the system will be used only for the purposes discussed above and in the detailed system notice published in the Federa/ Register, and disclosures will be those permitted by subsection (b) the Privacy Act and those described in the system notice.

4. Protection of the information: Records in the primary system will be maintained in a building where access is controlled by a security guard force and keycard entry to each floor.

All records will be maintained in lockable file cabinets with access limited to NRC and contractor personnel and others who need the information to perform their official duties. Records will be under visual control during duty hours. Access to automated records will require use of prope.r passwords and user identification codes by authorized personnel.

5. Qpmpatibility with (a)(7) of the Act: The routine uses proposed for NRC-43 are compatible with the reasons NRC will maintain the system of records. NRC considers disclosures required by law or statute to be disclosures for compatible purposes. Routine uses a., b, and f. meet this criteria. Routine use a. permits disclosures to health service agencies required to help prevent further outbreaks of diseases or conditions; b. permits required disclosures to agencies  !

responsible for investigating certain accidents, diseases, medical conditions, or injuries; and f.

permits disclosures to the National Archives and Records Administration and the General Services Administration for required records management inspections. NRC also considers disclosures that are necessary and proper or that allow a needed activity to take place to be disclosures for compatible purposes. Routine uses c.(b the Office of Werkers' Compensation Programs in connection with benefit claims), d. (to health center staff and medical personnel for medical / health care reasons ), and e. (to physicians designated by the individual) meet this compatibility standard as does g. (for any of the general routine uses applicable to all NRC systems of records). The general routine uses permit disclosures for. law enforcement purposes; for use in litigation and in employment, clearance, licensing, contract, grant, or other ber'efit decisions by NRC or other agencies; to NRC contractors on a "need-to-know" basis; and to Congressional staffs at the request of constituents.

< 6. PMB controlnumbers: None. _

s NARRATIVE STATEMENT l

The Nuclear Regulatory Commission (NRC) is proposing to establish a new Privacy Act system of records, NRC-44, " Employee Fitness Center Recorde-NRC."

1. Purooge: The new system of records (system) is being established to document indMduals' voluntary use of services provided and received, to monitor the health and physical fitness of indMdual members, and to facilitate management of the Employee Fitness Center and any other fitness facilities operating under a contract or agreement with NRC.

2. Authority: 5 U.S.C. 7901; Executive Order 9397, November 22,1943.

3. Potential effects on privacy of indMduals: NRC does not anticipate any unwarranted adverse effects on the privacy of indMdua!s due to the maintenance of this system of records since information in the system will be used only for the purposes discussed above and in the detailed system notice published in the Federa/ Register and disclosures will be those permitted by subsection (b) the Privacy Act and those described in the system notice.

4. Protection of the information: Records in the primary system will be maintained in a ,

building where access is controlled by a security guard force with access to the Fitness Center  !

controlled by keycard and bar code verification. All records will be maintained in lockable file j cabinets with access limited to NRC and contractor personnel who need the information to perform their official duties. Records will be under visual control during duty hours. Automated  ;

records will be protected by screen saver. Access to computerized records will require use of proper passwords and user identification codes by authorized personnel.

5. Comoatibility with (a)m of the Act: The routine uses proposed for NRC-44 are compatible with the reasons NRC will maintain the system of records. NRC considers disclosures required by law or statute to be disclosures for compatible purposes. Routine use b., which permits disclosures to the National Archives and Records Administration and the General Services Administration for required records management inspections, meets this criteria. NRC also considers disclosures that are necessary and proper or that allow a needed actMty to take place to be disclosures for compatible purposes. Routine use a., which permits disclosures in the event of an emergency to an individual listed as the emergency contact, meets this compatibility standard as does routine use c., which permits disclosures for any of the general routine uses applicable to all NRC systems of records. The general routine uses permit deciosures for law enforcement purposes; for use in litigation and in employment, clearance, licensing, contract, grant, or other benefit decisions by NRC or other agencies; to NRC contractors on a "need to-know" basis; and to Congressional staffs at the request of constituents.

6. OMB control numbers: None.

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[7590-01-P]

NUCLEArs REGULATORY COMMISSION Privacy Act of 1974, As Amended; Establishment of Two New Systems of Records AGENCY: Nuclear Regulatory Commission.

ACTION: Systems of records; two new systems of records proposed.

SUMMARY

In accordance with the Privacy Act of 1974, as amended (Privacy Act), the ,

Nuclear Regulatory Commission (NRC) is issuing public notice of its intent to establish two new l l

systems of records (systems) entitled NRC-43, " Employee Health Center Records--NRC," and NRC-44, " Employee Fitness Center Records--NRC."

1 i

i EFFECTIVE DATES: Each system of records will become effective without further notice on (40 days from date of publication in the FederalRegister) unless comments received on or before that date cause a contrary decision, if changes are made based on NRC's review of comments received, a new final notice will be published.

l ADDRESSES: Send comments to the Secretary of the Commission, U.S. Nuclear .

Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and 1 Adjudications staff. Hand deliver comments to 11555 Rockville Pike, Rockville, Maryland, between 7:30 a.m. and 4:15 p.m. Federal workdays. Copies of comments received may be 1

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.y :.s examined at the NRC Public Document Room at 2120 L Street, NW., Lower Level, Washington, 1

DC.

i FOR FURTHER INFORMATION CONTACT: Jona L. Souder, Freedom of information Act/ Privacy Act Section, Information Services Branch, Information Management Division, Office I

of the Chief information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555- ,

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0001, telephone: 301-415-7170 (ils3@nrc. gov).

l SUPPLEMENTARY INFORMATION:

NRC is establishing a new system of records entitled NRC-43, " Employee Health Center I

Records-NRC," to facilitate management of and document individuals' use of services provided by NRC's Employee Health Center and any other health care facilities operating under a contract or agreement with NRC. The Employee Health Center was previously run by the Public j Health Service (PHS) and covered by a PHS system notice. Information in the new NRC j i

system is maintained to (1) provide data necessary to ensure proper evaluation, diagnosis, l treatment, and referral to maintain continuity of care; (2) provide an accurate medical history of health care and medical treatment received by the individual; (3) plan for further care of the individual; (4) provide a means of comrnunication among health care members who contribute to the individual's care; and (5) provide a means for evaluating the quality of health care provided. j NRC is also establishing a new system of records entitled NRC-44, " Employee Fitness Center Records-NRC." Information in the system is maintained to facilitate management of the Fitness Center, document individuals' voluntary use of services provided, and monitor the health and physical fitness of individual members.

Reports on the two new systems of records are being sent to the Office of Management 2  :.

. and Budget (OMB), the Committee on Govemmental Affairs of the U.S. Senate, and the dommittee on Govemment Reform and Oversight of the U.S. House of Representatives as required by the Privacy Act and OMB Circular No. A-130, Appendix 1," Federal Agency Responsibilities for Maintaining Records About Individuals."

Accordingly, NRC proposes to add the fcilowing new systems of records, NRC-43,

" Employee Health Center Records-NRC," and NRC-44, " Employee Fitness Center Records-NRC," to read as follows:

NRC-43 SYSTEM NAME:

Employee Health Center Records-NRC.

SYSTEM LOCATION:

4 Primary system-NRC Employee Health Center, One White Flint North,11555 Rockville  !

Pike, Rockville, Maryland.

Duplicate systems-Duplicate systems may exist, in whole or in part, at the NRC's regional and other offices listed in Addendum I, Parts 1 and 2, and/or at any other health care facilities operating under a contract or agreement with NRC for health-related services. This system may contain some of the information maintained in other systems of records, including NRC-11 " General Personnel Records (Official Personnel Folder and Related Records)-NRC,"

NRC-17," Occupational Injuries and lilness Records-NRC," and, when in effect, NRC-44,

" Employee Fitness Center Records-NRC."

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Current and former NRC employees, consultants, contractors, other Govemment agency personnel, and anyone on NRC premises who requires emergency or first-aid treatment.

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CATEGORIES OF RECORDS IN THE SYSTEM:

This system is comprised of records developed as a result of voluntary em health services provided by the Health Center, and of emergency health service Health Center staiY to individuals for injuries and illnesses suffered while on NRC l

i Specdic information maintained on individuals includes, but is not limite birth, and Social Security number; medical history and other biographical medical diagnoses based on employee health maintenance physical examinat screening programs (tests for single medical conditions or diseases); history o diagnosis, and treatment of injuries and illness rendered by the Health Cente immunization records; records of administration by Health Center staff of by personal physicians; medical consultstion records; statistical records and medical documentation such as personal physician correspondence and te submitted to the Health Center staff by the employee. Forms used to obtain o information include the following:

(1) Employee Health Record (2) Immunization / Health Profile i (3) Problem List (4) Progress Notes 1

(5) Consent for Release of Medical Information J (6) Against Medical Advice (AMA) Release (7) PatientTreatment Record I I

(8) Injection Record i'

' (9) Allergy 1 s

1 (10) Respirator Certification Form

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(11) Pre travelQuestionnaire l (12) Flu Vaccine Form (13) Pneumonia Vaccine Form

! (14)TB Test Form (15) Office of Workers' Compensation Programs (OWCP) Occupational injury Form (16) Medical History l

l _ (17) Medical Examination (18) Prostate Symptoms Questionnaire

! (19) Proctosigmoidoscopy Form l

1 AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

L 5 U.S.C. 7901; Executive Order 9397, November 22, '.943.

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! ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES

! OF USERS AND THE PURPOSES OF SUCH USES:

In addition to the disclosures permitted under subsection (b) of the Privacy Act, the NRC l

may disclose information contained in this system of records without the consent of the subject individual if the disclosure is compatible with the purpose for which the record was collected f

! underthe following routine uses:

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a. To refer information required by applicable law to be disclosed to a Federal, State, or l

local public health service agency concoming individuals who have contracted certain I

communicable diseases or conditions in an effort to prevent further outbreak of the disease or j l

condition.

- b. To disclose information to the appropriate Federal, State, or local agency responsible for investigation of an accident, disease, medical condition, or injury as required by pertinent L legal authority. .

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. c. To disclose information to the Office of Workers' Compensation Programs in i

connection with a claim for benefits filed by an employee.

d. To Health Center staff and medical personnel under a contract or agreement with  ;

NRC who need the information in order to schedule, conduct, evaluate, or follow up on physical examinations, tests, emergency treatments, or other medical and health care services.  !

e. To refer information to private physicians designated by the individual when requested in writing. I

f. To the National Archives and Records Administration or to the General Services l Administration for records management inspections conducted under 44 U.S.C. 2904 and 2006. j

g. For any of the routine uses specified in the Prefatory Statement of General Routine Uses.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: i STORAGE:

Records are stored in file foldom, on microfiche, on computer media, and on file cards, logs, x-rays, and other medical reports and forms.

RETRIEVABILIT(: .

Records are retrieved by the individual's name, date of t irth, and Social Security number, or any combination of those identifers.

SAFEGUARDS:

Records in the primary system are maintained in a building where access is controlled by a security guard force and entry to each floor is controlled by keycard. Records in the system are maintained in lockable file cabinets with access hmited to agency or contractor personnel whose duties require access. The records are under visual control during duty hours. Access 6

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l to automated data requires use of proper password and user identification codes by authorized l personnel.

RETENTION AND DISPOSAL-1 Records documenting an individual employee's medical history, physical condition, and l l

visits to Govemment health facilities, for nonwork-related purposes, are maintained for six years l from the date of the last entry as are records on consultants, contractors, other Govemment agency personnel, and anyone on NRC promises who requires emergency or first-aid treatment in accordance with Govemment Records Schedule (GRS) 1-19. Health Center control records such as logs or registers reflecting daily visits are destroyed three months after the last entry if the information is summarized on a statistical report in accordance with GRS 1-20s and two years after the last entry if the information is not summarized in accordance with GRS 1-20b.

l Employees are given copies of their records if requested upon separation from the agency.

SYSTEM MANAGER (S) AND ADDRESSES:

Employee Assistance Program Manager, ONice of Human Resources, U.S. Nuclear l Regulatory Commission, Washington, DC 20555-0001  :

I NOTIFICATION PROCEDURES- l Individuals seeking to determine whether this system of records contains information pertaining to themselves should write to the Freedom of Information Act and Privacy Act Officer, Office of the Chief Information ONicer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; comply with the procedures contained in NRC's Privacy Act regulations,10 CFR Part 9; and provide their full name, any former name(s), date of birth, and Social Security number.

RECORD ACCESS PROCEDURES:

Same as

• Notification Procedures.'

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CONTESTING RECORD PROCEDURES: )

Same as " Notification Procedures."

RECORD SOURCE CATEGORIES:

Information in this system of records is obtained from a number of sources including, but not hmited to, the individual to whom it pertains; laboratory reports and test results; NRC Health Center physicians, nurses, and other medical technicians or personnel who have examined, tested, or treated the individual; the individual's coworkers or supervisors; other systems of records; the individual's personal physician (s); NRC Fitness Center staff; other Federal

! sgences; and other Federal employee health units.

l SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:

None.

l NRC 44 SYSTEM NAME:

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Employee Fitness Center Records-NRC. l

! SYSTEM LOCATION:

Primary system-NRC Fitness Center, Two White Flint North,11545 Rockville Pike, Rockville, Maryland.

Duplicate systems-Duplicate systems may exist, in whole or in part, at the NRC's i

regional and other offices listed in Addendum I, Parts 1 and 2, and/or at other facilities operating I under a contract or agreement with NRC for fitness-related services. This system may contain l some of the information maintained in other systems of records, including NRC-32, ,

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• Office of the Chief Financial Officer Financial Transactions and Debt Collection Management ,

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• CATEGORIES OF INDMDUALS COVERED BY THE SYSTEM:  !

1 NRC employees who apply for membership in the Fitness Center as well as current and inactive Fitness Center members.

CATEGORIES OF RECORDS IN THE SYSTEM:

l The system includes employees' applications to participate in NRC's Fitness Center, information on individuals' degree of physical fitness and their fitness activities and goals, and various forms, memoranda, and correspondence related to Fitness Center membership and financial / payment matters. Specific informa+ ion contained in the application for membership includes the employee applicant's name, gender, age, Social Security number, height, weight, and medical information, including a history of certain medical conditions; the name of the individuars personal physician and any prescription or over-the-counter drugs taken on a regular basis; and the name and address of a person to be notified in case of emergency.

l Forms used to obtain or provide information include the following:

i (1) Application Package i'

(2) Release of Medicalinformation/ Physician's Statement 4

(3) Fitness Assessment l

(4) Pre-exercise Health Screening (5) Account Logs l (6) Terminated Memberships 1

(7) New Memberships l (8) Monthly Dues Collected (g) Accident Report (10) " Dear Participant' Letter (11) Refund Request 9

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( (12) Regional Employee Sign-in Log

(13) Niember of the Month l

l (14) User Evaluation Form i

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

l 5 U.S.C. 7901; Executive Order 9397, November 22,1943.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:

in addition to the disclosures permitted under subsection (b) of the Privacy Act, the NRC may disclose information contained in this system of records without the consent of the subject individual if the disclosure is compatible with the purpose for which the record was collected under the following routine uses:

a. To the individual listed as an emergency contact, in the event of an emergency.

b. To the National Archives and Records Administration or to the General Services j Administration for records management inspections conducted under 44 U.S.C. 2904 or 2906.

c. For any of the routine uses specified in the Prefatory Statement of General Routine Uses.

DISCLOSURES TO CONSUMER REPORTING AGENCIES:

DISCLOSURES PURSUANT TO 5 U.S.C. 552a(b)(12)

Disclosures of information to a consumer reporting agency are not considered a routine L

use of records. Disclosures may be made from this system to " consumer reporting agencies"  !

as defined in the Fair Credit Reporting Act (15 U.S.C.1681(a)(f)) or the Federal Claims Collection Act of 1966, as amended (31 U.S.C. 3701(a)(3)).

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:

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t STORAGE:  ;

Records are maintained on computer media and in paper form in logs and files.

l RETRIEVABILITY. i Information is indexed and accessed by an individual's name and/or Social Security l

number.

SAFEGUARDS:

Records in the primary system are maintained in a building where access is controlled by l a security guard force and access to the Fitness Center is controlled by keycard and bar code l

verification. Records in paper form are stored alphabetically by individuals' names in lockable l

file cabinets ' maintained in the NRC Fitness Center where access to the recoMs is limited to l agency and Fitness Center personnel whose duties require access. The records are under visual control during duty hours. Automated records are protected by screen sever. Access to automated data requires use of proper password and user identification codes. Only authorized I

personnel have access to areas in which informetion is stored.

RETENTION AND DISPOSAL:

l Fitness Center records are currently unscheduled and must be retained until the National l l

l Archives and Records Administration approves a records disposition schedule for this material. l!

SYSTEM MANAGER (S) AND ADDRESS:'

i Safety and Health Program Manager, Office of Human Resources, U.S. Nuclear Regulatory Commission, Washington, DC 20555 0001.

r NOTIFICATION PROCEDURES:

Individuals seeking to determine whethsr this system of records contains information postaining to themselves should write to the Freedom of information Act and Privacy Act Officer, 11 l

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Offlos of the Ohief information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 205554001, and comply with the procedures contained in NRC's Privacy Act regulations,10 CFR Part 9.

RECORD ACCESS PROCEDURES:

Same as " Notification Procedures."

CONTESTING RECORD PROCEDURES:

Same as " Notification Procedures."

RECORD SOURCE CATEGORIES:  !

Information in this system of records is principally obtained from the individuals upon whom the records are. maintained. Other sources ofinformation include, but are not limited to, l l

the NRC Fitness Center Director and other staff, physicians retained by the NRC, the individuals' personal physicians, and other systems of records.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: l l

None.

I Dated at Rockville, MD, this 1a day of & + ,1998.

For the Nuclear Regulatory Commission.  ;

/j A.J. Galarha.)

Chiefinformation Officer 4

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WASHINGTON. D.C. 3000640M

..,,,J December 4, 1998 i l

The Honorable Dan Burton, Chairman Committee on Govemment Reform and Oversight United States House of Representatives Washington, DC 20510 1

Dear Mr. Chairman:

The Nuclear Regulatory Commission (NRC) is establishing two new Privacy Act systems of .

records, NRC-43," Employee Health Center Records-NRC," and NRC-44," Employee Fitness l

, Center Records--NRC." The new systems of records will be used primarily to document I individuals' use of services provided and received and to facilitate management of the Employee Health and Fitness Centers and any other health care and fitness facilities operating under a contract t r agreement with NRC. i In accordance wih the guidance provided in Office of Management and Budget (OMB) Circular l No. A-130, Appendix 1," Federal Agency Responsibilities for Maintaining Records About '

individuals," copies of the proposed systems of records notices and the narrative statements are enclosed. Copies of these docurnents have also been sent to the Committee on Govemmental Affairs of the U.S. Senate and to the Office of information and Regulatory Affairs, OMB, for a 40-day review and comment period.

If you have any questions about the proposed new systems of records, please contact Jona Souder, Office of the Chief information Officer. Ms. Souder can be reached by phone at 301-415-7170.

Sincerely, .

B c <~

Dennis K. Rathbun, Director i Office of Congressional Affairs

Enclosures:

1. System Notices

2. Narrative Statements cc: Representative HenryWaxman

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NARRATIVE STATEMENT The Nuclear Regulatory Commission (NRC) is proposing to establish a new Privacy Act system of records, NRC-43,

• Employee Health Center Records-NRC."

1. PurDose: The new system of records (system) is being established to document individualsuse of services provided and received and to facilitate management of the Health Center and any other health care facilities operating under a contract or agreement with NRC.

Information in the system will be maintained primarily to (1) provide data necessary to ensure proper evaluation, diagnosis, treatment, and referral to maintain continuity of care; (2) provide l

an accurate medical history of health care and medical treatment received by the individual; (3) plan for further care of the individual; (4) provide a means of communication among health care members who contribute to the individual's care; and (5) provide a means for evaluating the quality of health care provided.

r 2. Authority: 5 U.S.C. 7901; Executive Order 9397, November 22,1943.

! 3. Potential effects on onvacy of individuals: NRC does not anticipate any unwarranted

! adverse effects on the privacy of individuals due to the maintenance of this system of records l since information in the system will be used only for the purposes discussed above and in the detailed system notice published in the Federal Register, and disclosures will be those permitted by subsection (b) the Privacy Act and those described in the system notice.

4. Protection of the information: Records in the primary system will be maintained in a building where access is controlled by a security guard force and keycard entry to each floor.

All records will be maintained in lockable file cabinets with access limited to NRC and contractor personnel and others who need the information to perform their official duties. Records will be under visual control during duty hours. Access to automated records will require use of proper passwords and user identification codes by authorized personnel.

5. Cpmoatibility with (a)m of the Act: The routine uses proposed for NRC-43 are compatible l with the reasons NRC will maintain the system of records. NRC considers disclosures required by law or statute to be disclosures for compatible purposes. Routine uses a., b, and f. meet this criteria. Routine use a. permits disclosures to health service agencies required to help prevent i further outbreaks of diseases or conditions; b. permits required disclosures to agencies l l responsible for investigating certain accidents, diseases, medical conditions, or injuries; and f.

i permits disclosures to the National Archives and Records Administration and the General i Services Administration for required records management inspections. NRC also considers disclosures that are necessary and proper or that allow a needed activity to take place to be  ;

disclosures for compatible purposes. Routine uses c.(to the Office of Workers' Compensation Programs in connection with benefit claims), d. (to health center staff and medical personnel for medical / health care reasons ), and e. (to physicians designated by the individual) meet this compatibility r0.ndard as does g. (for any of the general routine uses applicable to all NRC systems of records). The general routine uses permit disclosures for law enforcement purposes; for use in litigation and in employment, clearance, licensing, contract, grant, or other

, benefit decisions by NRC or other agencies; to NRC contractors on a "need-to-know" basis; .

l and to Congressional staffs at the request of constituents.

i l 6. QMB control numbers: None. 1

_____._m.- . _ . _ _ _ _

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NARRATIVE STATEMENT The Nuclear Regulatory Commission (NRC) is proposing to establish a new Privacy Act system of records, NRC-44, " Employee Fitness Center Records-NRC."

1.

Purpose:

The new system of records (system) is being established to document individuals' voluntary use of services provided and received, to monitor the health and physical fitness of individual members, and to facilitate management of the Employee Fitness Center and any other fitness facilities operating under a contract or agreement with NRC. )

2. Authontv: 5 U.S.C. 7901; Executive Order 9397, November 22,1943.

3. Potential effects on orivacy of individual =: NRC does not anticipate any unwarranted adverse effects on the privacy of individuals due to the maintenance of this system of records since information in the system will be used only for the purposes discussed above and in the  !

detailed system notice published in the FederaIRegisterand disclosures will be those permitted i by subsection (b) the Privacy Act and those described in the system notice. l

4. Protection of the information: Records in the primary system will be maintained in a building where access is controlled by a security guard force with access to the Fitness Center controlled by keycard and bar code verification. All records will be maintained in lockable file cabinets with access limited to NRC and contractor personnel who need the information to i perform their official duties. Records will be under visual control during duty hours. Automated records will be protected by screen saver. Access to computerized records will require use of proper passwords and user identification codes by authorized personnel.  ;

5. Compatibility with (a)f7) of the Act: The routine uses proposed for NRC-44 are compatible with the reasons NRC will maintain the system of records. NRC considers disclosures required by law or statute to be disclosures for compatible purposes. Routine use b., which permits I disclosures to the National Archives and Records Administration and the General Services Administration for required records management inspections, meets this criteria. NRC also considers disclosures that are necessary and proper or that allow a needed activity to take place to be disclosures for compatible purposes. Routine use a., which permits disclosures in l the event of an emergency to an individual listed as the emergency contact, meets this compatibility standard as does routine use c., which permits disclosures for any of the general routine uses applicable to all NRC systems of records. The general routine uses permit disclosures for law enforcement purposes; for use in litigation and in employment, clearance, licensing, contract, grant, or other benefit decisions by NRC or other agencies; to NRC contractors on a "need to-know" basis; and to Congressional staffs at the request of constituents.

6. OMB control numbers: None.

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[7590-01-P] l i

i NUCLEAR REGULATORY COMMISSION Privacy Act of 1974, As Amended; Establishment of Two New Systems of Records l

l AGENCY;  !

Nuclear Regulatory Commission.

I l

ACTION: Systems of records; two new systems of records proposed.

SUMMARY

In accordance with the Privacy Act of 1974, as amended (Privacy Act), the l

Nuclear Regulatory Commission (NRC) is issuing public notice of its intent to establish two new I

systems of records (systems) entitled NRC-43, " Employee Health Center Records-NRC," and NRC-44, " Employee Fitness Center Records-NRC." l i

l EFFECTIVE DATES: Each system of ree,ords will become effective without further notice on (40 days from date of publication in the Federa/ Register) unless comments received on or before  !

that date cause a contrary decision. If changes are made based on NRC's review of comments l

received, a new final notice will be published.

ADDRESSES: Send comments to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications staff. Hand deliver comments to 11555 Rockville Pike, Rockville, Maryland, between 7:30 a.m. and 4:15 p.m. Federal workdays. Copies of comments received may be 1

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[, examined at the NRC Public Document Room at 2120 L Street, NW., Lower Level, Washington,

. DC.

FOR FURTHER INFORMATION CONTACT: Jona L. Souder, Freedom of Information l

Act/ Privacy Act Section, Information Services Branch, Information Management Division, Office l of the Chief information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-7170 (jls3@nrc. gov).

1 SUPPLEMENTARY INFORMATION:

NRC is establishing a new system of records entitled NRC-43, " Employee Health Center Records-NRC," to facilitate management of and document individuals' use of services provided by NRC's Employee Health Center and any other health care facilities operating under a contract or agreement with NRC. The Employee Health Center was previously run by the Public Health Service (PHS) and covered by a PHS system notice. Information in the new NRC system is maintained to (1) provide data necessary to ensure proper evaluation, diagnosis, treatment, and referral to maintain continuity of care; (2) provide an accurate medical history of health care and medical treatment received by the individual; (3) plan for further care of the individual; (4) provide a means of communication among health care members who contribute to the individual's care; and (5) provide a means for evaluating the quality of health care provided.

NRC is also establishing a new system of records entitled NRC-44, " Employee Fitness Center Records-NRC." Information in the system is maintained to facilitate management of the Fitness Center, document individuals' voluntary use of services provided, and monitor the health I

and physical fitness of individual members.

Reports on the two new systems of records are being sent to the Office of Management i: 2 i l

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. and Budget (OMB), the Committee on Govemmental Affairs of the U.S. Senate, and the Comm$ tee on Govemment Reform and Oversight of the U.S. House of Representatives as required by the Privacy Act and OMB Circular No. A-130, Appendix 1, " Federal Agency Responsibilities for Maintaining Records About Individuals."

Accordingly, NRC proposes to add the following new systems of records, NRC-43,

" Employee Health Center Records-NRC," and NRC-44, " Employee Fitness Center Records-NRC," to read as follows:

NRC-43 SYSTEM NAME:

l Employee Health Center Records-NRC.

l SYSTEM LOCATION:

Primary system-NRC Employee Health Center, One White Flint North,11555 Rockville l Pike, Rockville, Maryland.

!- Duplicate systems-Duplicate systems may exist, in whole or in part, at the NRC's regional and other offices listed in Addendum I, Parts 1 and 2, and/or at any other health care I

facilities operating under a contract or agreement with NRC for health-related services. This j system may contain some of the information maintained in other systems of records, including j

NRC-11,

• General Personnel Records (Official Personnel Folder and Related Records)-NRC,"  !

NRC-17, " Occupational injuries and illness Records-NRC," and, when in effect, NRC 44,

" Employee Fitness Center Records-NRC."

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Current and former NRC employees, consultants, contractors, other Govemment agency personnel, and anyone on NRC premises who requires emergency or first-aid treatment. l

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' CATEGORIES OF RECORDS IN THE SYSTEM:

l This system is comprised of records developed as a result of voluntary emplo health services provided by the Health Center, and of emergency health services rend Health Center staff to individuals for injuries and illnesses suffered while on NRC prem J

SpecWie information maintained on individuals includes, but is not limited to I birth, and Social Security number; medical history and other biographical data; medical diagnoses based on employee health maintenance physical examinations screening programs (tests for single medical conditions or diseases) Nstory of com diagnosis, and treatment of injuries and illness rendered by the Health Center sta immunization records; records of administration by Health Center staff of medica by personal physicians; medical consultation records; statistical records; daily L

and medical documentation such as personal physician correspondence and test res submitted to the Health Center staff by the employee. Forms used to obtain or provid 1

information include the following:

(1) Employee Health Record

! (2) . immunization / Health Profile

! (3) Problem List (4) Progress Notes t (5) Consent for Release of Medicalinformation l

(6) Against Medical Advice (AMA) Release L (7) Patient Treatment Record (8) injection Record

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i (9) Allergy (10) Respirator Certification Form '

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(11) Pre-travel Questionnaire

'(12) Flu Vaccine Form (13) Pneumonia Vaccine Form (14)TB Test Form (15) Office of Workers' Compensation Programs ' (OWCP) Occupational Injury Form (16) Medical History (17) Medical Examination l (18) Prostate Symptoms Questionnaire l

-(19) Proctosigmoidoscopy Form AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 U.S.C. 7901; Executive Order 9397, November 22,1943.

i ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES  !

l ' OF USERS AND THE PURPOSES OF SUCH USES:

j in addition to the disclosures permitted under subsection (b) of the Privacy Act, the NRC may disclose information contained in this system of records without the consent of the subject l l

individualif the disclosure is compatible with the purpose for which the record was collected l l under the following routine uses:  !

! l

a. To refer information required by applicable law to be disclosed to a Federal, State, or  ;

1 local public health service agency conceming individuals who have contracted certain l f

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communicable diseases or conditions in an effort to prevent further outbreak of the disease or condition.

b. To disclose information to the appropriate Federal, State, or local agency responsible

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for invesbgation of an accident, disease, medical condition, or injury as required by pertinent

' legal authority.

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~.. ~ . . - -. . . . _ _...a.._.-..._._..---....,_. . - . _ . _ . . . _ -

. . . . . . ~ . - . . - . . - . - . . ~ . . - . . . . .-. , . . .._=: 7

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c. To disclose information to the Office of Workers' Compensation Programs in l l connection with a claim for benefits filed by an employee.

. d. To Health '., enter staff and medical personnel under a contract or agreement with NRC who need the information in order to schedule, conduct, evaluate, or follow up on physical

! examinations, tests, emergency treatments, or other medical and health care services.

e. To refer information to private physicians designated by the individual when requested in writing.

I

f. To the National Archives and Records Administration or to the General Services

' Administration for records management inspections conducted under 44 U.S.C. 2904 and 2906. ,

! g. For any of the routine uses speedied in the Prefatory Statement of General Routine .

Uses.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND ,

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Records are stored in file folders, on microfiche, on computer media, and on file cards, logs, x-rays, and other medical reports and forms.

RETRIEVABILITY:

i Records are retrieved by the individual's name, date of birth, and Social Security number, or any combination of those identifiers.

~ SAFEGUARDS:

Records in the primary system are maintained in a building where access is controlled by a security guard force and entry to each floor is controlled by keycard. Records in the system are maintained in lockable file cabinets with access limited to agency or contractor personnel whose duties require access. The records are under visual control during duty hours. Access

, 6 l

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, to automated data requires use of proper password and user identification codes by authorized

'persorml.

j l RETENTION AND DISPOSAL:

Records documenting an individual employee's medical history, physical condition, and l

visits to Govemment health facilities, for nonwork-related purposes, are maintained for six years j from the date of the last entry as are records on consultants, contractors, other Govemment l agency personnel, and anyone on NRC premises who requires emergency or first-aid treatment in accordance with Govemment Records Schedule (GRS) 1-19. Health Center control records

, such as logs or registers reflecting daily visits are destroyed three months after the last entry if  !

l l l

the information is summarized on a statistical report in accordance with GRS 1-20s and two  !

years after the last entry if the information is not summarized in accordance with GRS 1-20b. I i

Employees are given copies of their records if requested upon separation from the agency.

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' SYSTEM MANAGER (S) AND ADDRESSES:

i l l

Employee Assistance Program Manager, Office of Human Resources, U.S. Nuclear l

Regulatory Commission, Washington, DC 20555-0001  !

NOTIFICATION PROCEDURES:

i. l Individuals seeking to determine whether this system of records contains information pertaining to themselves should write to the Freedom of Information Act and Privacy Act Officer, Office of the Chief information Officer, U.S. Nuclear Regulatory Comniission, Washington, DC 20555-0001; comply with the procedures contained in NRC's Privacy Act regulations,10 CFR Part 9; and provide their full name, any former name(s), date of birth, and Social Security l number.

RECORD ACCESS PROCEDURES: I L

Same as " Notification Procedures."

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• CONTESTING RECORD PROCEDURES:

Same as " Notification Procedures."

RECORD SOURCE CATEGORIES:

Information in this system of records is obtained from a number of sources including, but

not limited to, the individual to whom it pertains; laboratory reports and test results; NRC Health Center physicians, nurses, and other medical technicians or personnel who have examined, l

l tested, or treated the individual; the individual's coworkers or supervisors; other systems of records; the individual's personal physician (s); NRC Fitness Center staff; other Federal agencies; and other Federal employee health units.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:

None.

NRC-44 l

SYSTEM NAME:

Employee Fitness Center Records-NRC.

SYSTEM LOCATION:

Primary system-NRC Fitness Center, Two White Flint North,11545 Rockville Pike, Rockville, Maryland.

Duplicate systems-Duplicate systems may exist, in whole or in part, at the NRC's regional and other offices listed in Addendum I, Parts 1 and 2, and/or at other facilities operating under a contract or agreement with NRC for fitness-related services. This system may contain some of the information maintained in other systems of records, including NRC-32,

' ' Office of the Chief Financial Officer Financial Transactions and Debt Collection Management Records-NRC.' 1

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i CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

'NRC employees who apply for membership in the Fitness Center as well as current and inactive Fitness Center membem.

CATEGORIES OF RECORDS IN THE SYSTEM:

The system includes employees' applications to participate in NRC's Fitness Center, information on individuals' degree of physical fitness and their fitness activities and goals, and various forms, memoranda, and correspondence related to Fitness Center membership and financial / payment matters. Specific information contained in the application for membership includes the employee applicant's name. Sender, age, Social Security number, height, weight, l

and medical information, including a history of certain medical conditions; the name of the i 1

individual's personal physician and any prescription or over-the-counter drugs taken on a l I

regular basis; and the name and address of a person to be notified in case of emergency.

Forms used to obtain or provide information include the following: j 1

(1) Application Package (2) Release of MedicalInformation/ Physician's Statement (3) Fitness Assessment (4) Pre-exercise Health Screening (5) Account Logs (6) Terminated Memberships (7) New Memberships (8) Monthly Dues Collected (9) Accident Report (10)

• Dear Participant" Letter (11) Refund Request 9

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=: . = == . a. a .= ===: =i==  :- -- --

C (12) Regional Employee Sign-in Log (13) Member of the Month (14) User Evaluation Form AUTHORITY FOR MAINT lNANCE OF THE SYSTEM:

5 U.S.C. 7901; Executive Order 9397 November 22,1943.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:

In addition to the disclosures permitted under subsection (b) of the Privacy Act, the NRC may disclose information contained in this system of records without the consent of the subject individual if the disclosure is compatible with the purpose for which the record was collected 1

under the following routine uses: l l

a. To the individual listed as an emergency contact, in the event of an emergency.

b. To the National Archives and Records Administration or to the General Services Administration for records management inspections conducted under 44 U.S.C. 2904 or 2906.

c. For any of the routine uses specified in the Prefatory Statement of General Routine Uses.

DISCLOSURES TO CONSUMER REPORTING AGENCIES:

i DISCLOSURES PURSUANT TO 5 U.S.C. 552a(b)(12) l t Disclosures of information to a consumer reporting agency are not considered a routine j l

use of records. Disclosures may be made from this system to " consumer reporting agencies" as defined in the Fair Credit Reporting Act (15 U.S.C.1681(a)(f)) or the Federal Claims

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- Collection Act of 1966, as amended (31 U.S.C. 3701(a)(3)).

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:

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L. STORAGE:

l Records are maintained on computer media and in paper form in logs and files. l l l RETRIEVABILITY -  !

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l Information is indexed and accessed by an individual's name and/or Social Security l number.

SAFEGUARDS:  !

l Records in the primary system are maintained in a building where access is controlled by a secunty guard force and access to the Fitness Center is controlled by keycard and bar code  !

1 t

venfication. Records in paper form are stored alphabetically by individuals' names in lockable j i

. file cabinets maintained in the NRC Fitness Center where access to the records is limited to

! agency and Fitness Center personnel whose duties require access. The records are under l i

visual control during duty hours. Automated records are protected by screen saver. Access to j l

L L automated data requires use of proper password and user identification codes. Only authorized I i

i personnel have access to areas in which information is stored. j i

RETENTION AND DISPOSAL: I L

Fitness Center records are currently unscheduled and must be retained until the National j

i. Archives and Records Administration approves a records disposition schedule for this material.

i SYSTEM MANAGER (S) AND ADDRESS:

j Safety and Health Program Manager, Office of Human Resources, U.S. Nuclear l- Regulatory Commission, Washington, DC 20555-0001.

NOTIFICATION PROCEDURES:

Individuals seeking to determine whether this system of records contains information l-pertaining to themselves should write to the Freedom of Information Act and Privacy Act Officer, 11 u

=- - ;_ . . . - . . - _ . . . . . . . _ _ . -,.

T' -

0ffice of the Chief information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and comply with the procedures contained in NRC's Privacy Act regulations,10 CFR Part 9.

RECORD ACCESS PROCEDURES:

Same as " Notification Procedures."

CONTESTING RECORD PROCEDURES:

Same as " Notification Procedures."

RECORD SOURCE CATEGORIES:

Information in this system of records is principally obtained from the individuals upon whom the records are maintained. Other sources of information include, but are not limited to, the NRC Fitness Center Director and other staff, physicians retained by the NRC, the individuals' personal physicians, and other systems of records.

I SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:

None.

Dated at Rockville, MD, this Z o day of % - 4+ ,1998.

For the Nuclear Regulatory Commission.

/i A.J. Galanb Chief Information Officer 12 h

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CONGRESSIONAL CORRESPONDENCE SYSTEM  :

DOCUMENT PREPARATION CHECKLIST f

This check list is to be submitted with each document (or group of Os/As) sent for processing into the CCS.

1.

BRIEF DESCRIPTION OF DOCUMENT (S) A.k N' M

2. TYPE OF DOCUMENT X CORRESPONDENCE HEARINGS (Os/As)

3. DOCUMENT CONTROL X NON-SENSITIVE SENSITIVE (NRC ONLY)

4. CONGRESSIONAL COMMITTEE AND SUBCOMMITTEE (if applicable) l Congressional Committee i

i Subcommittee

5. SUBJECT CODES (A)

(B) l (C)

6. SOURCE OF DOCUMENTS (A) 5520 (DOCUMENT NAME )

(B) SCAN (C) ATTACHMENTS (D) OTHER l

7. SYST M OG DATES (A) -

DATA OCA SENT DOCUMENT TO CCS l

-(B)y DATE CCS RECEIVED DOCUMENT l

(C) DATE RETURNED TO OCA FOR ADDITIONAL INFORMATION (D) DATE RESUBMITTED BY OCA TO CCS l (E) DATE ENTERED INTO CCS BY l (F) DATE OCA NOTIFIED THAT DOCUMENT IS IN CCS I'

COMMENTS:

l RELEASE TO PDR '

11/03'98 - P;\DISRTLIS.DMS 200047