[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]
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