Privacy Act of 1974; System of Records, 25273-25274 [07-2195]

Agencies

• DEPARTMENT OF DEFENSE
• Department of the Navy
• Navy Department

[Federal Register Volume 72, Number 86 (Friday, May 4, 2007)]
[Notices]
[Pages 25273-25274]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-2195]


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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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