[Federal Register Volume 73, Number 212 (Friday, October 31, 2008)]
[Notices]
[Pages 64974-64976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25971]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0085]


Privacy Act of 1974; Department of Homeland Security Drug Free 
Workplace System of Records

AGENCY: Privacy Office; DHS.

ACTION: Notice of Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974 the Department of 
Homeland Security is issuing a system of records notice for the 
Department's Drug Free Workplace Records. This record system will allow 
the Department of Homeland Security to collect maintain information 
gathered by and in the possession of Department of Homeland Security 
Drug Free Workplace Program Officials, used in the course of their 
duties in verifying positive test results for illegal use of controlled 
substance, and possession, distribution, or trafficking of controlled 
substances. This new system will be included in the Department's 
inventory of record systems.

DATES: Submit comments on or before December 1, 2008. This new system 
will be effective December 1, 2008.

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0085 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 1-866-466-5370.
     Mail: Hugo Teufel III, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, DC 20528.
     Instructions: All submissions received must include the 
agency name and docket number for this rulemaking. All comments 
received will be posted without change to http://www.regulations.gov, 
including any personal information provided.
     Docket: For access to the docket, to read background 
documents, or comments received go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions and privacy 
issues please contact: Hugo Teufel III (703-235-0780), Chief Privacy 
Officer, Privacy Office, Department of Homeland Security, Washington, 
DC 20528.

SUPPLEMENTARY INFORMATION: 

I. Background

    Pursuant to the savings clause in the Homeland Security Act of 
2002, Public Law 107-296, Section 1512, 116 Stat. 2310 (November 25, 
2002), and as part of its efforts to streamline and consolidate its 
Privacy Act records systems, the Department of Homeland Security (DHS) 
is establishing a new agency-wide system of records under the Privacy 
Act (5 U.S.C. 552a) for DHS Drug Free Workplace records. The system 
will consist of DHS employee records on the illegal use of controlled 
substances, and evidence of possession, distribution, or trafficking of 
controlled substances.
    In accordance with the Privacy Act of 1974, DHS is issuing a system 
of records notice for the Department's Drug Free Workplace Records. 
This record system will allow DHS to collect maintain information 
gathered by and in the possession of DHS Drug Free Workplace Program 
Officials, used in the course of their duties in verifying positive 
test results for illegal use of controlled substance, and possession, 
distribution, or trafficking of controlled substances. This new system 
will be included in the Department's inventory of record systems.

II. Privacy Act

    The Privacy Act embodies fair information principles in a statutory 
framework governing the means by which the United States Government 
collects, maintains, uses, and disseminates individuals' records. The 
Privacy Act applies to information that is maintained in a ``system of 
records.'' A ``system of records'' is a group of any records under the 
control of an agency for which information is retrieved by the name of 
an individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual. In the Privacy Act, 
an individual is defined to encompass United States citizens and legal 
permanent residents. As a matter of policy, DHS extends administrative 
Privacy Act protections to all individuals where systems of records 
maintain information on U.S. citizens, lawful permanent residents, and 
visitors. Individuals may request access to their own records that are 
maintained in a system of records in the possession or under the 
control of DHS by complying with DHS Privacy Act regulations, 6 CFR 
Part 5.
    The Privacy Act requires that each agency publish in the Federal 
Register a description denoting the type and character of each system 
of records in order to make agency recordkeeping practices transparent, 
to notify individuals about the use of their records, and to assist the 
individual to more easily find files within the agency. Below is a 
description of the Drug Free Workplace System of Records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this new system of records to the Office of Management and Budget and 
to the Congress.

System of Records:
    DHS/ALL-022.

[[Page 64975]]

System name:
    Department of Homeland Security Drug Free Workplace Records.

Security classification:
    Unclassified.

System location:
    Records are maintained by the Office of the Chief Human Capital 
Officer, at several Headquarters locations, in component offices of 
DHS, in both Washington, DC and field locations, and by contractor 
locations on behalf of DHS.

Categories of individuals covered by the system:
    Current and former employees of DHS and certain applicants for 
employment with DHS who are tested for or submit voluntarily or 
involuntarily to the illegal use, possession, distribution, or 
trafficking of controlled substances.

Categories of records in the system:
    Categories of records in this system include:
     Individual's name;
     Social Security number;
     Date of birth;
     Addresses;
     Telephone numbers;
     E-mail addresses;
     Job title and grade;
     Supervisor's, senior management's and leadership's full 
name, addresses, phone numbers, and email addresses;
     Supervisor's, senior management's and leadership's notes 
and records regarding an employee's suspected and/or confirmed illegal 
use, possession, distribution, or trafficking of controlled substances;
     Records related to any criminal conviction for illegal 
drug use or evidence obtained from any arrest or criminal conviction;
     Correspondence related to the suspected and/or confirmed 
illegal use, possession, distribution, or trafficking of controlled 
substances of a current or former DHS employee, including electronic 
mail and other electronic documents;
     Verified positive and negative test results for illegal 
use of controlled substances;
     Evidence of possession, distribution, or trafficking of 
controlled substances;
     Lists of controlled substances verified as positive;
     Substance abuse assessment, aftercare, and substance use 
monitoring results;
     Employee records of attendance at treatment, types of 
treatment, and counseling programs related to illegal use, possession, 
distribution, or trafficking of controlled substances;
     Records of treatment and counseling referrals related to 
testing for illegal use, possession, distribution, or trafficking of 
controlled substances;
     Prognosis of treatment information related to testing for 
illegal use, possession, distribution, or trafficking of controlled 
substances;
     Individual's name, address, work/cell/home phone numbers, 
email addresses, and other basic identification data for insurance 
purposes;
     Name, address, telephone numbers, email addresses of 
treatment facilities;
     Name, address, telephone numbers, email addresses of 
individuals providing treatment; and
     Written consent forms.

Authority for maintenance of the system:
    5 U.S.C. 301; Federal Records Act; 44 U.S.C. 3101; The Homeland 
Security Act of 2002; Public Law 107-296; 42 U.S.C. 290dd-2; 5 U.S.C. 
7301; 7361, 7362, 7901, 7904; Executive Order 9373; and Executive Order 
12564.

Purpose(s):
    This record system will maintain information gathered by and in the 
possession of DHS Drug Free Workplace Program Officials, used in the 
course of their duties in verifying positive test results for illegal 
use of controlled substance, as well as collecting and maintaining 
evidence of possession, distribution, or trafficking of controlled 
substances.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Disclosure of substance abuse records is limited to the parameters 
set forth in 42 U.S.C. 290dd, 290ee, and Public Law 100-71, Section 
503(e). Accordingly, a federal employee's substance abuse records may 
not be disclosed without the prior written consent of the employee, 
unless the disclosure would be one of the following:
    A. To medical personnel to the extent necessary to meet a bona fide 
medical emergency;
    B. To qualified personnel for the purpose of conducting scientific 
research, management audits, financial audits, or program evaluation 
provided that employees are individually identified;
    C. To the employee's medical review official;
    D. To the administrator of any Employee Assistance Program in which 
the employee is receiving counseling or treatment or is otherwise 
participating;
    E. To any supervisory or management official within the employee's 
agency having authority to take adverse personnel action against such 
employee; or
    F. Pursuant to the order of a court of competent jurisdiction where 
required by the United States Government to defend against any 
challenge against any adverse personnel action. See 42 U.S.C. 290dd, 
290ee, and Public Law 100-71, Section 503(e).
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, records, other than substance abuse records 
described above, or other information contained in this system may be 
disclosed outside DHS as a routine use pursuant to 5 U.S.C. 552a(b)(3) 
as follows:.
    A. To the Department of Justice (including United States Attorney 
Offices) or other Federal agency conducting litigation or in 
proceedings before any court, adjudicative or administrative body when 
it is necessary to the litigation and one of the following is a party 
to the litigation or has an interest in such litigation:
    1. DHS or any component thereof;
    2. any employee of DHS in his/her official capacity;
    3. any employee of DHS in his/her individual capacity where the 
Department of Justice or DHS has agreed to represent the employee; or
    4. the United States or any agency thereof, is a party to the 
litigation or has an interest in such litigation, and DHS determines 
that the records are both relevant and necessary to the litigation and 
the use of such records is compatible with the purpose for which DHS 
collected the records.
    B. To contractors and their agents, grantees, experts, consultants, 
and others performing or working on a contract, service, grant, 
cooperative agreement, or other assignment for DHS, when necessary to 
accomplish an agency function related to this system of records. 
Individuals provided information under this routine use are subject to 
the same Privacy Act requirements and limitations on disclosure as are 
applicable to DHS officers and employees.
    C. To appropriate State and local authorities to report, under 
State law, incidents of suspected child abuse or neglect to the extent 
described under 42 CFR 2.12.
    D. To any person or entity to the extent necessary to prevent an 
imminent and potential crime which directly threatens loss of life or 
serious bodily injury.

Disclosure to consumer reporting agencies:
    None.

[[Page 64976]]

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records in this system are stored electronically or on paper in 
secure facilities in a locked drawer behind a locked door. The records 
are stored on magnetic disc, tape, digital media, and CD-ROM.

Retrievability:
    Data may be retrieved by an individual's name, date of birth, and 
social security number.

Safeguards:
    Records in this system are safeguarded in accordance with 
applicable rules and policies, including all applicable DHS automated 
systems security and access policies. Strict controls have been imposed 
to minimize the risk of compromising the information that is being 
stored. Access to the computer system containing the records in this 
system is limited to those individuals who have a need to know the 
information for the performance of their official duties and who have 
appropriate clearances or permission.

Retention and disposal:
    Records are destroyed after three years, in accordance with 
National Archives and Records Administration General Records Schedule 
1, Item 36.

System Manager and address:
    For Headquarters of DHS, the System Manager is the Director of 
Departmental Disclosure, Department of Homeland Security, Washington, 
DC 20528. For components of DHS, the System Manager can be found at 
http://www.dhs.gov/foia under ``contacts.''

Notification procedure:
    Individuals seeking notification of and access to any record 
contained in this system of records, or seeking to contest its content, 
may submit a request in writing to the Headquarters' or component's 
FOIA Officer, whose contact information can be found at http://www.dhs.gov/foia under ``contacts.'' If an individual believes more 
than one component maintains Privacy Act records concerning him or her 
the individual may submit the request to the Chief Privacy Officer, 
Department of Homeland Security, 245 Murray Drive, SW., Building 410, 
STOP-0550, Washington, DC 20528.
    When seeking records about yourself from this system of records or 
any other Departmental system of records your request must conform with 
the Privacy Act regulations set forth in 6 CFR Part 5. You must first 
verify your identity, meaning that you must provide your full name, 
current address and date and place of birth. You must sign your 
request, and your signature must either be notarized or submitted under 
28 U.S.C. 1746, a law that permits statements to be made under penalty 
of perjury as a substitute for notarization. While no specific form is 
required, you may obtain forms for this purpose from the Director, 
Disclosure and FOIA, http://www.dhs.gov or 1-866-431-0486. In addition 
you should provide the following:
     An explanation of why you believe the Department would 
have information on you,
     Identify which component(s) of the Department you believe 
may have the information about you,
     Specify when you believe the records would have been 
created,
     Provide any other information that will help the FOIA 
staff determine which DHS component agency may have responsive records,
     If your request is seeking records pertaining to another 
living individual, you must include a statement from that individual 
certifying his/her agreement for you to access his/her records.
    Without this bulleted information the component(s) may not be able 
to conduct an effective search, and your request may be denied due to 
lack of specificity or lack of compliance with applicable regulations.

Record access procedures:
    See ``Notification procedure'' above.

Contesting record procedures:
    See ``Notification procedure'' above.

Record Source Categories:
    Information originates from personnel who submit to drug and 
alcohol testing, DHS and its components and offices, and testing and 
treatment facilities.

Exemptions claimed for the system:
    None.

    Dated: October 22, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-25971 Filed 10-30-08; 8:45 am]
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