ML20238C665
| ML20238C665 | |
| Person / Time | |
|---|---|
| Issue date: | 12/01/1987 |
| From: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| References | |
| FRN-52FR46546, RULE-PR-MISC PR-871201, NUDOCS 8712310138 | |
| Download: ML20238C665 (7) | |
Text
DOCKET tlUMBER g._gg jjo/g [7590-01) g PRO?OSED RULE
{5A & kdONh NUCLEAR REGULATORY CCMMISSION U$bfC" Privacy Act of 1974; Report of New System of Records 1rl DEC 11 A8:26 AGENCY:
Nuclear Regulatory Commission.
((ckb., N.b a m cw ACTION:
Establishment of new system of records.
SUpmARY: The Nuclear Regulatory Connission (EC) it; proposing to establish a new system of records, NRC-35, Drug Testing 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 comitted to the goal of
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establishing and maintaining a work environment that is free from the ill effects of drug abuse.
I DATES: The proposed new system of records will take ef fect without further i
notice on MI B88
. unless coments received on or before that date cause a contrary decision.
If, based on NRC's review of coaraents received, changes are made, RC will publish a new final notice.
ADDRESSES: Send consents to the Secretary, U.S. Nuclear Aegulatory Connission, Washington, DC 20555, Attention: Docketing ard Service Branch.
Coments may be hand delivered to Room 1121, 1717 H Street, NW, Washington, DC, between 7:30 a.m. and 4:15 p.m.
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FOR FURTHER INFORMATION CONTACT: Raymond J. Brady, Director, Division of V'
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2 Security, Office of A ministration 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 FPM 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 Representa-tives, and the Office of Management and Budget on September 14,1987, with a
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request for an expedited 30-day review.
The comment period expired on October 14, 1987. The NRC received one letter of coment from Congress, which-took issue with the NRC's proposed external routine use. The consnenter stated that inclusion of all six routine uses--five interna's and one external--was " inappropriate and inconsistent with the statute." After careful review of the comments and consultation with the Congressional staff, the NRC agrees with the coment and is dropping the external routine use, while retaining the proposed internal uses.
1.
The following new system of records, NRC-35 Drug Testing Program Records--NRC, is being proposed for adoption by the NRC.
l.
3 NRC-35, Drug Testing Program Records--NRC SYSTEM NAME: Drug Testing Program Records--NRC.
l SYSTEM LOCATION: Primary system: Division of Security, Office of ministration and Resources Management, 7735 Old Georgetown Road, 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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~,ATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Persons including NRC
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esployees, employment applicants, consultants, and contractors.
)
ATEGORIES OF RECORDS IN THE SYSTEM: These records contain information regarding results of the drug testing program; requests for and results of initial, confirmatory and follow-up testing, if appropriate; additional information supplied by MRC employees, employment applicants, consultants, or contractors in challenge to positive test results; and written statements or medical evaluations of attending physicians and/or information regarding prescription or nonprescription drugs.
AtrTHORITY 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.
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4 ROUTINE USES OF RECORDS MAINTA:hED IN THE SYSTEM, INCLUDING CATEGOEIES 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 programs; 4
c.
To take personnel actions; d.
To take personnel security actions; and e.
For statistical purposes.
POLICIES AND PRACTICES FOR STORING, RETRIEVING ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE: Records are maintained on paper in file folders, on indez 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.
RETENT 0R 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 Addendus I, Parts 1 and 2, will be retained and retrieved as indicated under the Retrievability category. When an individual tenninates employment or a contractual / consultant relationship with the NRC, negative test results will be destroyed by shredding, or by other approved disposal methods. Positive test risvits will be maintained through the administrative / judicial disposition and/or appeal rights of the tested party, at which time they will be destroyed by shredding, or by other approved disposal methods.
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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 15tc.
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, those records reflecting negative test results will be destrcyed by shredding, or by other approved disposal methods. Positive test results will be maintained through the akinistrative/ judicial disposition and/or appeal rights of the tested party, at which time they will be destroyed by shredcing, or by other approved disposal methods.
I l
o 4
6 c.
Negative specimers will be destroyed accceding to laboratory /
contractor procedures, j
l d.
Positive specimens will be maintained through the aerinistrative/
l judicial disposition and/or appeal rights of the tested party.
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SYSTEM MANAGER (S) AND ADDRESS: Director, Division of Security Office of
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Administration and Resources Management, U.S. Nuclear Regulatory Commission, Washington. DC 20555.
NOTIFICATION PROCEDURE: Director, Division of Rules and Records. Office of Administration and Resources Management, U.S. Nuclear Regulatory Commission, Washington, DC 20555.
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RECORD ACCESS PROCtDURES:
Same as " Notification procedure."
C0NTESTING RECORD FROCEDURIS: Same as " Notification procedure."
l IkECORDSOURCECATEGORIES: NRC employees, employment applicants, consultants, and contractors who have been identified for drug testing, who have been tested, or W have admitted abusing drugs prior te being tested; physicians making statements regarding medical evaluations and/or authorized prescriptions for drugs; NRC c;mtractors for processing, including but not limited to, specimen collection, laboratories for analysis, and medical evaluations; and NRC staff akinistering the drug testing program to ensure the achievement of a drug-free Federal workplace.
7 SYSTEMS EXEMPTED FROM CERTAlh FROVISIONS CF THE ACT:
Pursuant to 5 U.S.C.
552a(k)(5), the Comunission has exempted portions of this system of records from 5 U.S.C. 552a(c)(5), (d), (e)(1), (e;(4)(G), (H), and (I), and (f). The exemption rule is contained in 10 CFR 9.95 of the NRC regulations.
Dated at Bethesda, Maryland this 1st day of December 1987.
For the Nuclear Regulatory Commission.
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W W&
J M. Tay1 Acting Executive Director for Operations.
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