ML20235A019
| ML20235A019 | |
| Person / Time | |
|---|---|
| Issue date: | 09/14/1987 |
| From: | Zech L NRC COMMISSION (OCM) |
| To: | Jason Wright HOUSE OF REP., SPEAKER OF THE HOUSE |
| Shared Package | |
| ML20234F585 | List: |
| References | |
| NUDOCS 8709230186 | |
| Download: ML20235A019 (9) | |
Text
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UNITED STATES l
8Y' NUCLEAR REGULATORY COMMISSION 4
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WASHINGTON, D. C. 20555
%.....N September 14, 1987 CHAIRMAN The Honorable Jim Wright Speaker of the United States House of Representatives Washington, DC 20515
Dear Mr. Speaker:
The Nuclear Regulatory Commission (NRC) is proposing to adopt a new Privacy Act System of Records notice:
NRC-35, Drug Screening Program Records--NRC.
The establishment of the new System of Records notice is in response to the mandate in Executive Order 12564, " Drug-Free Federal Workplace," that President Reagan signed on September 15, 1986.
A copy of the Narrative Statement and a copy of the proposed Federal Register notice are enclosed.
Copies of these documents Eave aTsu been sent to the President of the Senate and the Office of Management and Budget (OMB) in accordance with the guidelines prescribed in OMB Circular No. A-130, dated December 24, 1985.
Sincerely, 64d.4Lv.
Lando W.
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, Jr
Enclosures:
As Stated 8709230186 070914 PDR COMMS NRCC CORRESPONDENCE PDR
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NARRATIVE STATEMENT The Nuclear Regulatory Commission is proposing to establish a new Privacy l
Act System of Records notice:
NRC-35, Drug Screening Program Records.
1.
Purpose NRC-35 is being established in conjunction with the NRC's development of a plan in response to the mandate in Evecutive Order 12564, " Drug-Free Federal Workplace," that President Reagan signed on September 15, 1986.
2.
Authority The authorities for the new System of Records are Executive Order 12564, September 15, 1986; and Pub. L. 100-71, " Supplemental Appropriations for the Homeless Act of 1987," Amendment tio. 416, July 11, 1987.
3.
Potential effects on privacy of individuals The establishment of NRC-35 should not impact on the privacy of individuals who test negative for drug abuse but could result in adverse effects on the privacy of those individuals who have confirmed, positive test
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results. The purpose of the Drug Screening Program is to ensure a drug-free Federal workforce, and the benefit to the Government of this program will outweigh the intrusion into the privacy of those who are confirmed as drug abusers. This means that these individuals may be required to undergo treatment or rehabilitation, may be refused NRC employment, are subject to reassignment from sensitive positions, and may be subject to disciplinary action.
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Relationship to other branches of the Federal Government I
There is no relationship to another branch for NRC-35.
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Protection of the Information
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Access to the information is limited to those persons whose official duties require such access, and the information is used and maintained with the highest regard for personal privacy. Records at all locations are stored under appropriate security measures so that limited. and/or controlled access is ensured.
6.
Compatibility with (a)(7) of the Act Each routine use described in the Federal Register notice supports the-objective of the drug screening program:
to refuse NRC employment to drug abusers, or to identify, rehabilitate, or remove drug abusers from the Federal workforce. As such, these uses are fully compatible with the purpose for which the data is to be collected.
7.
OMB control numbers None l
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NUCLEAR REGULATORY COMMISSION Privacy Act of 1974; Report of New System of Records AGENCY:
Nuclear Regulatory Commission.
ACTION:
Establishment of new system of records.
SUMMARY
- The Nuclear Regulatory Commission. (NRC) is proposing to establish a new system'of records, NRC-35, Drug Screening Program Records--NRC, in response to the. mandate in Executive Order 12564, " Drug-Free Federal Workplace," that President Reagan signed on September 15, 1986.
Because the NRC has a major responsibility for protecting the health and safety of the public and the national security, it is strongly conmitted to the goal of establishing and maintaining a work environment that is free from the ill effects of drug abuse.
DATES: The proposed new system of records will taie effect without further notice on
, unless comments received on or before that date cause a contrary decision.
If, based on NRC's review of comments received, changes are made, NRC will publish a new final notice.
ADDRESSES: Send comments to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention:
Docketing and Service Branch.
Comments may be hand delivered to Room 1121, 1717 H Street, NW, Washington, DC, between 7:30 a.m. and 4:15 p.m.
FOR FURTHER INFORMATION CONTACT: Raymond J. Brady, Director, Division of
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2 Security, Office of Administration and Resources Management, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Telephone:.301-492-4100.
SUPPLEMENTARY INFORMATION: The NRC drug testing program is being established in accordance with section 3 of the September 15, 1986, Executive Order 12564 of the President of the United States and the Office of Personnel Management guidelines in FPM Letter 792-16, issued on November 28, 1986, and FPf1 Letter'792-17, issued on March 9, 1987.
A report for this proposed new system of records, required by 5 U.S.C.
552a(o), as implemented by Office of Management and Budget Circular A-130, was.
sent to the President of the Senate, the Speaker of the House of Representatives, and the Office of Management and Budget on 1.
The following new system of records, NRC-35. Drug Screening Program Records--NRC, is being proposed for adoption by the NRC.
NRC-35, Drug Screening Program Records--NRC SYSTEM NAME: Drug Screening Program Records--NRC.
SYSTEM LOCATION: Primary system: Division of Security, Office of Administration and Resources Management, 7735 Old Georgetown Read, Bethesda, Maryland.
Duplicate systems: Duplicate systems may exist, in whole or in part, at the locations listed in Addendum I, Parts 1 and 2; and at contractor testing laboratories and collection / evaluation facilities.
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3 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Persons including NRC.
employees, employment applicants, consultants, and contractors.
CATEGORIES OF RECORDS IN THE SYSTEM: These records contain information regarding results of the drug testing program; results of initial, confirmatory and follow-up testing, if appropriate; counselling and/or rehabilitation results; additional information supplied by NRC employees, employment applicants, consultants, or contractors in challenge to positive test results; written statements or medical evaluations of attending physicians and/or information regarding prescription or nonprescription drugs; and personnel. action information.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
a.
Executive Order 12564; September 15, 1986; b.
Pub. L.100-71, " Supplemental Appropriations for the Homeless Act of 1987," Amendment No. 416, July 11, 1987.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:
Information in these records may be used by the Division of Security and NRC management:
a.
To identify substance abusers within the agency; b.
To initiate counselling and/or rehabilitation prograns; c.
To take personnel actions; d.
To take personnel security actions; e.
For statistical purposes; and f.
For any of the routine uses specified in the Prefatory Statement.
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1 POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING 0F RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained on paper in file folders, on index cards, and on computer printouts for documentary information. Specimens are maintained in appropriate environments.
RETRIEVABILITY:
Records are indexed and accessed by name, social security account number, testing position number, specimen number, drug testing laboratory accession number, or a combination thereof.
SAFEGUARDS: Access to and use of these records is limited to those persons whose official duties require such access, with records maintained and used with the highest regard for personal privacy. Records in the Division of Security are stored in an approved security container under the immediate control of the Director, Division of Security, or designee.
Records at other NRC locations and in laboratory / collection / evaluation facilities will be stored under appropriate security measures so that access is limited and controlled.
RETENTION AND DISPOSAL:
a.
Test results, whether negative or positive, and other drug screening records filed in the Division of Security or at the locations listed in Addendum 1, Parts 1 and 2, will be retained and retrieved as indicated under the Retrievability category until the individual terminates employment or a contractual / consultant relationship with the NRC at which time they will be destroyed by shredding, or by other approved disposal methods;
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5 b.
Test results, whether negative or positive, on file in contractor testing laboratories, will be retained for a minimum of two years in the laboratories; or, upon instructions provided by the Division of Security, will be transferred to the Division of Security when the contract is terminated or whenever an individual, previously subjected to urinalysis by the laboratory, terminates employment or a contractual / consultant relationship with the NRC.
Records received from the laboratories by the Division of Security will be incorporated into other records in the system or, if the individual has terminated, will be destroyed by shredding, or by other approved disposal methods; c.
Negative specimens will be destroyed according to laboratory /
contractor procedures; Positive specimens will be maintained through the administrative / judicial disposition and/or appeal rights of the tested party.
SYSTEM MANAGER (S) AND ADDRESS: Director, Division of Security, Office of Administration and Resources Management, U.S. Nuclear Regulatory Commissinn, Washington, DC 20555.
NOTIFICATION PROCEDURE: Director, Division of Rules and Records, Office of Administration and Resources Management, U.S. Nuclear Reaulatory Commission, Washington, DC 20555.
RECORD ACCESS PROCEDURES:
Same as " Notification procedure."
I CONTESTING RECORD PROCEDURES:
Same as " Notification procedure."
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1 RECORD SOURCE CATEGORIES: NRC employees, employment applicants, consultants, i
and contractors who have been identified for drug testing, who have been j
tested, or who have admitted abusing drugs prior to being tested; physicians making statements regarding medical evaluations and/or authorized prescriptions 1
for drugs; NRC personnel staff regarding personnel and related actions; NRC I
security staff regarding personnel security and related actions; the NRC l
Employee Alcoholism and Drug Abuse Program staff regarding treatment or j
rehabilitation; correspondence concerning the removal of individuals from sensitive positions after having a positive test result; law enforcement authorities; reports of accidents or unsafe practices; and reports from overt, j
confidential, or anonymous sources.
l SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
Pursuar,t to 5 U.S.C.
552a(k)(5), the Commission has exempted portions of this system of records from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f).
The
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l exemption rule is contained in 10 CFR 9.95 of the NRC regulations, j
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j Dated at Pethesda, Maryland this day of 1987.
For the Nuclear Regulatory Commission.
Victor, Stello, Jr.,
Executive Director for Operations.
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