[Federal Register Volume 59, Number 145 (Friday, July 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18534]
[[Page Unknown]]
[Federal Register: July 29, 1994]
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DEPARTMENT OF DEFENSE
Privacy Act of 1974; Amend a Record System
AGENCY: Department of the Navy, DOD.
ACTION: Amend a record system.
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SUMMARY: The Department of the Navy proposes to amend one system of
records to its inventory of record systems subject to the Privacy Act
of 1974 (5 U.S.C. 552a), as amended.
DATES: The amendment will be effective on August 29, 1994, unless
comments are received that would result in a contrary determination.
ADDRESSES: Send comments to the Acting Head, PA/FOIA Branch, Office of
the Chief of Naval Operations (N09B30), 2000 Navy Pentagon, Washington,
DC 20350-2000.
FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at (703) 614-2004 or
DSN 224-2004.
SUPPLEMENTARY INFORMATION: The Department of the Navy record system
notices for records systems subject to the Privacy Act of 1974 (5
U.S.C. 552a), as amended, have been published in the Federal Register
and are available from the address above.
The specific changes to the system of records are set forth below
followed by the system of records notice published in its entirety, as
amended. The amendment is not within the purview of subsection (r) of
the Privacy Act of 1974 (5 U.S.C. 552a), as amended, which requires the
submission of new or altered systems reports.
Dated: July 25, 1994.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
N12950-7
Drug-Free Workplace Records (February 22, 1993, 58 FR 10828).
* * * * *
Delete second paragraph.
* * * * *
In line 10, change the word `employee' to read `employment.'
* * * * *
N12950-7
Drug-Free Workplace Records.
Records are located at the local naval activity or the local
servicing civilian personnel offices. Official mailing addresses are
published as an appendix to the Navy's compilation of systems of
records.
Civilian employees and applicants for employment with the
Department of the Navy.
Records related to selection, notification, testing of employees
and applicants, urine specimens, drug test results, collection
authentication and chain of custody documents.
Pub. L. 100-71 5 U.S.C. 7301; 21 U.S.C. 812; and E.O. 12564, Drug-
Free Federal Workplace; and E.O. 9397.
The system is established to maintain records relating to the
selection and testing of Department of the Navy employees, and
applicants for employment, for use of illegal drugs and drugs
identified in Schedules I and II of 21 U.S.C. 812.
The records are also used by the employee's Medical Review
Official; the administrator of any Employee Assistance Program in which
the employee is receiving counseling or treatment or is otherwise
participating; and supervisory or management officials within the
employee's agency having authority to take adverse personnel action
against such employee.
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, these records or information contained
therein may specifically be disclosed outside the DoD as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as follows:
In order to comply with the provisions of 5 U.S.C. 7301, the
`Blanket Routine Uses' published at the beginning of the Navy's
compilation do not apply to this system.
To a court of competent jurisdiction where required by the United
States Government to defend against any challenge against any adverse
personnel action.
Records consist of written materials and/or magnetic media.
Records are retrieved by name of employee, applicant for
employment, Social Security Number, I.D. number assigned, date of
birth, or any combination of these.
Records will be stored in secure containers, e.g., safes, locked
filing cabinets, etc. Urine specimens will be stored in appropriate
locked storage facilities. Access to such records and specimens is
restricted. Chain-of-custody and other procedural and documentary
requirements of Pub. L. 100-71 and the Department of Health and Human
Services Guidelines will be followed in collection of urine samples,
conducting drug tests, and processing test results.
Records are retained for two years and then destroyed by shredding,
burning, or erasure in the case of magnetic media.
Written records and test results, together with urine specimens,
may be retained up to five years or longer when necessary due to
challenges or appeals of adverse actions by the employee.
DON Drug Program Coordinator, Office of Civilian Personnel
Management, 800 North Quincy Street, Arlington, VA 22203-1998.
Individuals seeking to determine whether this system contains
information about themselves should address written inquiries to the
Commanding Officer/Commander of the DON activity or the servicing
civilian personnel office at which they are or were employed, or at
which they made application for employment, and for which they provided
a urine specimen for drug testing.
Individuals must furnish their full name, Social Security Number,
the title, series, and grade of the position they occupied or applied
for when the drug test was conducted, and the month and year of the
test.
Individuals seeking access to information about themselves
contained in this system of records should address written inquiries to
the Commanding Officer/Commander of the DON activity or the servicing
civilian personnel office at which they are or were employed, or at
which they made application for employment, and for which they provided
a urine specimen for drug testing.
Individuals must furnish their full name, Social Security Number,
the title, series, and grade of the position they occupied or applied
for when the drug test was conducted, and the month and year of the
test.
The Navy's rules for accessing records, for contesting contents,
and appealing initial agency determinations are published in Secretary
of the Navy Instruction 5211.5; 32 CFR part 701; or may be obtained
from the system manager.
Records are obtained from the individual to whom the record
pertains; DON or contractor employees involved in the selection and
notification of individuals to be tested; DON or contractor
laboratories that test urine samples for the presence of illegal drugs,
DON or contractor Medical Review Officers; supervisors and managers and
other DON officials engaged in administering the Drug-Free Workplace
Program; the Civilian Employee Assistance Program, and processing
adverse actions based on drug test results.
None.
[FR Doc. 94-18534 Filed 7-28-94; 8:45 am]
BILLING CODE 5000-04-F
