[Federal Register Volume 63, Number 228 (Friday, November 27, 1998)]
[Notices]
[Pages 65620-65623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31640]


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NUCLEAR 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.

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

EFFECTIVE DATE: Each system of records will become effective without 
further notice on January 6, 1999, 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.

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 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 
Act/Privacy Act Section, Information Services Branch, Information 
Management Division, Office of the Chief Information Officer, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: 
301-415-7170 ([email protected]).

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 date 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 
and physical fitness of individual members.
    Reports on the two new systems of records are being sent to the 
Office of Management and Budget (OMB), the Committee on Governmental 
Affairs of the U.S. Senate, and the Committee on Government Reform and 
Oversight of the U.S. House of Representatives as required by the 
Privacy Act and OMB Circular No. A-130, Appendix I, ``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:
    Employee Health Center Records--NRC.

SYSTEM LOCATION:
    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

[[Page 65621]]

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 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 
Government agency personnel, and anyone on NRC premises who requires 
emergency or first-aid treatment.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system is comprised of records developed as a result of 
voluntary employee use of health services provided by the Health 
Center, and of emergency health services rendered by Health Center 
staff to individuals for injuries and illnesses suffered while on NRC 
premises. Specific information maintained on individuals includes, but 
is not limited to, their name, date of birth, and Social Security 
number; medical history and other biographical data; test reports and 
medical diagnoses based on employee health maintenance physical 
examinations or health screening programs (tests for single medical 
conditions or diseases); history of complaint, diagnosis, and treatment 
of injuries and illness rendered by the Health Center staff; 
immunization records; records of administration by Health Center staff 
of medications prescribed by personal physicians; medical consultation 
records; statistical records; daily log of patients; and medical 
documentation such as personal physician correspondence and test 
results submitted to the Health Center staff by the employee. Forms 
used to obtain or provide information include the following:

(1) Employee Health Record
(2) Immunization/Health Profile
(3) Problem List
(4) Progress Notes
(5) Consent for Release of Medical Information
(6) Against Medical Advice (AMA) Release
(7) Patient Treatment Record
(8) Injection Record
(9) Allergy
(10) Respirator Certification Form
(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
(18) Prostate Symptoms Questionnaire
(19) Proctosigmoidoscopy Form

AUTHORITY FOR MAINTENANCE 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 under the following routine uses:
    a. To refer information required by applicable law to be disclosed 
to a Federal, State, or local public health service agency concerning 
individuals who have contracted certain 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 for investigation of an accident, disease, 
medical condition, or injury as required by pertinent legal authority.
    c. To disclose information to the Office of Workers' Compensation 
Programs in 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.
    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 specified 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:
    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 to automated data requires use of 
proper password and user identification codes by authorized personnel.

RETENTION AND DISPOSAL:
    Records documenting an individual employee's medical history, 
physical condition, and visits to Government health facilities, for 
nonwork-related purposes, are maintained for six years from the date of 
the last entry as are records on consultants, contractors, other 
Government agency personnel, and anyone on NRC premises who requires 
emergency or first-aid treatment in accordance with Government 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 1-20a and two years after the last entry if the 
information is not summarized in accordance with GRS 1-20b.

SYSTEM MANAGER(S) AND ADDRESSES:
    Employee Assistance Program Manager, Office of Human Resources, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001

NOTIFICATION PROCEDURES:
    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 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.''

CONTESTING RECORD PROCEDURES:
    Same as ``Notification Procedures.''

RECORD SOURCE CATEGORIES:
    Information in this system of records is obtained from a number of 
sources

[[Page 65622]]

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, 
tested, or treated the individual; the individual's coworkers or 
supervisors; other systems of records; the individuals' 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

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 1, 
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.''

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 members.

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, gender, age, Social 
Security number, height, weight, and medial information, including a 
history of certain medical conditions; the name of the individuals's 
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.
    Forms used to obtain or provide information include the following:

(1) Application Package
(2) Release of Medical Information/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
(12) Regional Employee Sign-in Log
(13) Member of the Month
(14) User Evaluation Form

AUTHORITY FOR MAINTENANCE 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 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 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 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:
STORAGE:
    Records are maintained on computer media and in paper form in logs 
and files.

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

SAFEGUARDS:
    Records in the primary system are maintained in a building where 
access is controlled by a security guard force and access to the 
Fitness Center is controlled by keycard and bar code verification. 
Records in paper form are stored alphabetically by individuals' names 
in lockable 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 visual control 
during duty hours. Automated records are protected by screen saver. 
Access to automated data requires use of proper password and user 
identification codes. Only authorized personnel have access to areas in 
which information is stored.

RETENTION AND DISPOSAL:
    Fitness Center records are currently unscheduled and must be 
retained until the National Archives and Records Administration 
approves a records disposition schedule for this material.

SYSTEM MANAGER(S) AND ADDRESS:
    Safety and Health Program Manager, Office of Human Resources, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001.

NOTIFICATION PROCEDURES:
    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 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.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    None.

    Dated at Rockville, MD, this 20th day of November 1998.


[[Page 65623]]


    For the Nuclear Regulatory Commission.
A.J. Galante,
Chief Information Officer.
[FR Doc. 98-31640 Filed 11-25-98; 8:45 am]
BILLING CODE 7590-01-M