[Federal Register: May 4, 2007 (Volume 72, Number 86)]
[Notices]
[Page 25273-25274]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04my07-43]
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DEPARTMENT OF DEFENSE
Department of the Navy
[DoD-USN-2007-0030]
Privacy Act of 1974; System of Records
AGENCY: Department of the Navy, DoD.
ACTION: Notice to amend a system of records.
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SUMMARY: The Department of the Navy is amending a system of records
notice in its existing inventory of record systems subject to the
Privacy Act of 1974, (5 U.S.C. 552a), as amended.
DATES: This proposed action will be effective without further notice on
June 4, 2007 unless comments are received which result in a contrary
determination.
ADDRESSES: Send comments to the Department of the Navy, PA/FOIA Policy
Branch, Chief of Naval Operations (DNS-36), 2000 Navy Pentagon,
Washington, DC 20350-2000.
FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at (202) 685-6545.
SUPPLEMENTARY INFORMATION: The Department of the Navy systems 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 specific changes to the record system being amended are set
forth below followed by the notice, as amended, published in its
entirety. The proposed amendments are 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 a new or altered system report.
Dated: April 30, 2007.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
N12792-7
System name:
Drug-Free Workplace Program Records (May 7, 2002, 67 FR 30652).
Changes:
System number:
Delete ``N12792-7'' and replace with ``NM12792-7.''
* * * * *
System location:
Delete entry and replace with ``Records are located at the local
Navy/Marine Corps activity, local servicing Human Resources Offices,
Human Resource Service Center Regional Offices, or the Office of
Civilian Human Resources.''
* * * * *
System manager(s) and address:
Delete entry and replace with ``Drug Program Manager, Office of
Civilian Human Resources, Human Resource Service Center Southwest, 525
B Street, Suite 600, San Diego, CA 92101-4418.''
* * * * *
Drug-Free Workplace Program Records.
System location:
Records are located at the local Navy/Marine Corps activity, local
servicing Human Resources Offices, Human Resource Service Center
Regional Offices, or the Office of Civilian Human Resources.
Categories of individuals covered by the system:
Civilian employees and applicants for employment with the
Department of the Navy.
[[Page 25274]]
Categories of records in the system:
Records related to selection, notification, testing of employees
and applicants, urine specimens, drug test results, collection
authentication and chain of custody documents.
Authority for maintenance of the system:
Pub. L. 100-71, 5 U.S.C. 7301; 21 U.S.C. 812 (Schedule of
Controlled Substances); and E.O. 12564, Drug-Free Federal Workplace;
and Department of Health and Human Services Mandatory Guidelines for
Federal Workplace Drug Testing Programs; and E.O. 9397 (SSN).
Purpose(s):
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 (Schedule of
Controlled Substances).
The records are also used by the Medical Review Officer; 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.
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, 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 DoD
`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.
Note: Record of the identity, diagnosis, prognosis, or treatment
of any client/patient, irrespective of whether or when he ceases to
be a client/patient, maintained in connection with the performance
of any alcohol or drug abuse prevention and treatment function
conducted, regulated, or directly or indirectly assisted by any
department or agency of the United States, shall, except as provided
therein, be confidential and be disclosed only for the purposes and
under the circumstances expressly authorized in 42 U.S.C. 290dd-2.
The results of a drug test of civilian employees may be disclosed
only as expressly authorized under 5 U.S.C. 7301. These statutes
take precedence over the Privacy Act of 1974, in regard to
accessibility of such records except to the individual to whom the
record pertains.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper records in file folders and electronic storage media.
Retrievability:
Records are retrieved by name of employee, applicant for
employment, Social Security Number (SSN), specimen I.D. number
assigned, or any combination of these.
Safeguards:
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-custory 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. All information
contained in computers is password protected.
Retention and disposal:
Negative test records are retained for three years and then
destroyed by shredding, burning, or erasure in the case of electronic
media. Positive or Non-negative test records are permanently retained.
Written records and test results together with urine specimens shall be
retained until litigation is complete when the employee challenges or
appeals adverse actions. Negative urine specimens are disposed of at
the end of the test day.
System manager(s) and address:
Drug Program Manager, Office of Civilian Human Resources, Human
Resources Service Center Southwest, 525 B Street, Suite 600, San Diego,
CA 92101-4418.
Notification procedure:
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 human
resources 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 may furnish their full name, Social Security Number
(SSN), the title, series, and grade of the position they occupied or
applied for when the drug test was conducted, specimen ID number, and
the date of the test.
Record access procedures:
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
human resources 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 may furnish their full name, Social Security Number
(SSN), the title, series, and grade of the position they occupied or
applied for when the drug test was conducted, specimen ID number, and
the date of the test.
Contesting record procedures:
The Navy's rules for accessing records, and 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.
Record source categories:
Records are obtained from the individual to whom the record
pertains; DON or contractor employee involved in the selection,
notification, and collection of urine from individuals who are 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; processing adverse actions based on drug test
results; and DON or contractor electronic databases.
Exemptions claimed for the system:
None.
[FR Doc. 07-2195 Filed 5-3-07; 8:45 am]
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