[Federal Register Volume 74, Number 173 (Wednesday, September 9, 2009)]
[Notices]
[Pages 46418-46420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21745]


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DEPARTMENT OF DEFENSE

Office of Secretary

[Docket ID: DoD-2009-OS-0132]


Privacy Act of 1974; System of Records

AGENCY: Defense Intelligence Agency, DoD.

ACTION: Notice to alter a system of records.

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SUMMARY: The Defense Intelligence Agency is proposing to alter a system 
of

[[Page 46419]]

records in its existing inventory of records systems subject to the 
Privacy Act of 1974, (5 U.S.C. 552a), as amended.

DATES: The proposed action will be effective on October 9, 2009 unless 
comments are received that would result in a contrary determination.

ADDRESSES: Freedom of Information Office, Defense Intelligence Agency 
(DAN-1A), 200 MacDill Blvd., Washington, DC 20340-5100.

FOR FURTHER INFORMATION CONTACT: Ms. Theresa Lowery at (202) 231-1193.

SUPPLEMENTARY INFORMATION: The Defense Intelligence Agency system of 
records notices 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 proposed system report, as required by 5 U.S.C. 552a(r) of the 
Privacy Act of 1974, as amended, was submitted on August 26, 2009, to 
the House Committee on Oversight and Government Reform, the Senate 
Committee on Homeland Security and Governmental Affairs, and the Office 
of Management and Budget (OMB) pursuant to paragraph 4c of Appendix I 
to OMB Circular No. A-130, `Federal Agency Responsibilities for 
Maintaining Records About Individuals,' dated February 8, 1996 
(February 20, 1996, 61 FR 6427).

    Dated: August 26, 2009.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
LDIA 0450

SYSTEM NAME:
    Drug-Free Workplace Files (June 5, 2006, 71 FR 32318).

CHANGES:
* * * * *

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Delete entry and replace with ``Civilian employees and applicants 
for positions in the Defense Intelligence Agency.''

CATEGORIES OF RECORDS IN THE SYSTEM:
    Delete entry and replace with ``Name, specimen identification 
number, Social Security Number (SSN) and records relating to the 
selection, notification, and testing of employees and applicants, tests 
results information, and related reports to include disciplinary action 
due to failed tests, refusal of test, incidents related to accidents, 
reasonable suspicion of drug use, and voluntary tests.''

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Delete entry and replace with ``E.O. 12564, Federal Drug Free 
Workplace; Public Law 100-71, Supplemental Appropriations Act; DoD 
1010.9, DoD Civilian Employee Drug Abuse Testing Program; DIA 
Instruction 1015.001, Drug Free Workplace Program and E.O. 9397 (SSN), 
as amended.''

PURPOSE(S):
    Delete entry and replace with ``The system is used to maintain Drug 
Testing Program Coordinator records relating to the implementation of 
the program, administration, selection, notification and testing of DIA 
employees and applicants for employment for use of illegal drugs.''

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Delete entry and replace with ``In addition to those disclosures 
generally permitted under 5 U.S.C. 552a(b) of the Privacy Act of 1974, 
these records may specifically be disclosed outside the DoD as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    To a court of competent jurisdiction where required by the United 
States Government to defend against any challenge against any adverse 
personnel action.''
* * * * *

STORAGE:
    Delete entry and replace with ``Electronic storage media.''

RETRIEVABILITY:
    Delete entry and replace with ``Test results are retrieved by last 
name and/or last five digits of the Social Security Number (SSN) and 
specimen identification number.''

SAFEGUARDS:
    Delete entry and replace with ``Records are stored in office 
buildings protected by guards, controlled screenings, use of visitor 
registers, electronic access, and/or locks. Access to records is 
limited to individuals who are properly screened and cleared on a need-
to-know basis in the performance of their duties. Passwords and User 
IDs are used to control access to the system data, and procedures are 
in place to deter and detect browsing and unauthorized access. Physical 
and electronic access are limited to persons responsible for servicing 
and authorized to use the system.''

RETENTION AND DISPOSAL:
    Delete entry and replace with ``Disposition pending (until the 
National Archives and Records Administration approves retention and 
disposal schedule, records will be treated as permanent).''
* * * * *

RECORD SOURCE CATEGORIES:
    Delete entry and replace with ``The individual test subject, 
medical review certifying officer, administrative personnel and others 
on a case-by-case basis.''
* * * * *
LDIA 0450

SYSTEM NAME:
    Drug-Free Workplace Files.

SYSTEM LOCATION:
    Defense Intelligence Agency, Washington, DC 20340-5100.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Civilian employees and applicants for positions in the Defense 
Intelligence Agency.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Civilian employees of the Defense Intelligence Agency as well as 
applicants for employment.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Name, specimen identification number, Social Security Number (SSN) 
and records relating to the selection, notification, and testing of 
employees and applicants, tests results information, and related 
reports to include disciplinary action due to failed tests, refusal of 
test, incidents related to accidents, reasonable suspicion of drug use, 
and voluntary tests.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    E.O. 12564, Federal Drug Free Workplace; Public Law 100-71, 
Supplemental Appropriations Act; DoD 1010.9, DoD Civilian Employee Drug 
Abuse Testing Program; DIA Instruction 1015.001, Drug Free Workplace 
Program and E.O. 9397 (SSN), as amended.

PURPOSE(S):
    The system is used to maintain Drug Testing Program Coordinator 
records relating to the implementation of the program, administration, 
selection, notification and testing of DIA employees and applicants for 
employment for use of illegal drugs.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act of 1974, these records may specifically be 
disclosed

[[Page 46420]]

outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as 
follows:
    To a court of competent jurisdiction where required by the United 
States Government to defend against any challenge against any adverse 
personnel action.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Electronic storage media.

RETRIEVABILITY:
    Test results are retrieved by last name and/or last five digits of 
the Social Security Number (SSN) and specimen identification number.

SAFEGUARDS:
    Records are stored in office buildings protected by guards, 
controlled screenings, use of visitor registers, electronic access, 
and/or locks. Access to records is limited to individuals who are 
properly screened and cleared on a need-to-know basis in the 
performance of their duties. Passwords and user IDs are used to control 
access to the system data, and procedures are in place to deter and 
detect browsing and unauthorized access. Physical and electronic access 
are limited to persons responsible for servicing and authorized to use 
the system.

RETENTION AND DISPOSAL:
    Disposition pending (until the National Archives and Records 
Administration approves retention and disposal schedule, records will 
be treated as permanent).

SYSTEM MANAGER(S) AND ADDRESS:
    Deputy Director for Human Capital, ATTN: HCH, Defense Intelligence 
Agency, 200 MacDill Blvd., Washington, DC 20340-5100.

NOTIFICATION PROCEDURE:
    Individuals seeking to determine whether information about 
themselves is contained in this system of records should address 
written inquiries to the Freedom of Information Act Office (DAN-1A/
FOIA), Defense Intelligence Agency, Washington, DC 20340-5100.
    Individuals should provide their full name, current address, 
telephone number and Social Security Number.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the 
Freedom of Information Act Office (DAN-1A/FOIA), Defense Intelligence 
Agency, Washington, DC 20340-5100.
    Individuals should provide their full name, current address, 
telephone number and Social Security Number.

CONTESTING RECORD PROCEDURES:
    DIA's rules for accessing records, for contesting contents and 
appealing initial agency determinations are published in DIA Regulation 
12-12: Defense Intelligence Agency Privacy Program; 32 CFR part 319--
Defense Intelligence Agency Privacy Program; or may be obtained from 
the system manager.

RECORD SOURCE CATEGORIES:
    The individual test subject, medical review certifying officer, 
administrative personnel and others on a case-by-case basis.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.
[FR Doc. E9-21745 Filed 9-8-09; 8:45 am]
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