30 September 1998
SUBJECT: Expanded Drug Testing Based on Security Clearance/Access
- Purpose. To provide initial information to Civilian Intelligence Personnel
Management System (CIPMS) employees, their supervisors and servicing civilian personnel
staffs on the new requirement for drug testing of incumbents of positions required to
maintain a Top Secret (TS) clearance or have access to Sensitive Compartmented Information
(SCI).
- Facts.
- Not CIPMS or Intelligence Community (IC) Specific. This new
category (TS/SCI), although not directed at the CIPMS or the IC, will include many
CIPMS/Intelligence positions/employees.
- Timing of Implementing the New Categories Identified in Change 3 to AR
600-85, Alcohol and Drug Abuse Prevention and Control Program.
- The regulation states that applicants for these positions must
successfully pass a drug test (applicant test) before being hired and
civilians occupying these positions will be "subject to random drug testing
that occurs without suspicion that a particular individual is using illegal
drugs." We understand that the implementation of drug testing of those with
TS/SCI will not happen simultaneously throughout the Army. It will likely
be implemented in phases across the Army by installation/location. Those
installations that already have a civilian drug testing program in place
will be able to implement this change rather quickly. Other
installations/locations will have to adapt or develop a program.
- A fully integrated regulation (with all the new changes included) will
not be issued for a few months and the first report will not be due for
approximately 7 months. The HQDA ODCSPER POC is not aware of any
centralized Army-wide effort to begin requiring the inclusion of the Drug
Testing condition of employment in position descriptions, vacancy
announcements and the Defense Civilian Personnel Data System (DCPDS). It
will likely depend on each installation's timetable for implementation.
New employees cannot be tested until the program is established/operational
and present employees cannot be tested until 30 days after they sign the
Condition of Employment form (5019-R). Also, an Employee Assistance Program
must be in place before drug testing can begin.
- Impact of Refusal to Sign Condition of Employment Statement. If
an employee refuses to sign the 5019-R, the supervisor should note on the 5019-R
that the form was presented to the employee and he/she refused to sign the same.
The supervisor should initial and date this notation. The employee should be
informed that a refusal to submit to a drug test will result in removal from the
position which requires drug testing as a condition of employment. Removal could
be by reassignment, change to lower grade or removal from the federal service. In
such instances contact should be made with serving personnel representatives to
obtain advice and initiate appropriate action.
- MACOM/Management Role. It has been recommended that MACOMs should
make Drug Testing a garrison/baseops effort. The HQDA ODCPER POC is recommending
that, wherever possible, local programs for testing military and civilians should
be expanded to include new categories of those to be tested (there are several
other new categories besides TS and SCI). He also recommended that if no local
program exists consideration should be given to going to another Service for
testing and medical review support. This would be possible if the other service was
in relatively close proximity to the installation where individuals are located
that now need to be tested. If not, consideration should be given to contracting
out the collection/testing and medical review. It may be possible to "piggy back"
on an existing contact. Major Subordinate Commanders may likely choose to
implement whatever is being done for their installation. MACOMs, will likely have
to provide basic staff oversight to the program, etc., but they are probably doing
some of that already for the military. MACOMs will need to designate a "Drug
Coordinator" to be responsible for central reporting. However, the new report
format has not yet been written. MACOMs may be asked to appoint a Contracting
Officer's Technical Representative if the collection/testing function is contracted
out. They may also be asked to reimburse some local programs or fund for
contracting out. A request has been submitted for central funds by the HQDA
ODCSPER POC. It is not yet known if this request will be approved, or if the
amount requested will be sufficient to cover the costs of this testing.
- Possible Problems.
- Installations where no local programs exists. For such instances, the
HQDA ODCSPER POC recommends consideration be given to joining an existing
drug testing program in the local area, if one exists. If a local civilian
drug testing program is not available or feasible consideration should be
given to contracting out the collection/testing, medical review and
employee assistance program services.
- Organizations that drug test must have an Employee Assistance Program
in place.
- Form 5019-R - Acknowledging the Condition of Employment contains an
error - it now states that the test taker will be observed while giving a
sample (true for military but not for civilians) - That line will have to
be pen and inked out and initialed for now.
- Frequency of Testing/Impact on Personnel. All categories of jobs
coming under the Drug-Free Federal Workplace Civilian Drug Testing program at an
installation will be put into just one pool for testing, regardless of their
occupations/categories. Separate testing quotas are not given by either job
category or organization. Army will have to test 50% each year. DOD sets the
numbers, not Army, and not the local Commander. Once someone is tested, they go
back into the test pool and could be tested again that year. Therefore, some get
tested once, some more than once and some not at all. To be a deterrent, testing
is spread throughout the year.
- Proponency Issues. Drug testing differs from the Polygraph
condition of employment because the DCS, G-2 at HQDA is not the proponent. The
ODCSPER is the proponent. The Intelligence Personnel Management Office (IPMO) is
part of the DCS, G-2 at HQDA. The DCS, G-2 does have an important role with
Polygraph policy and procedural issues but does not have a role in drug testing
policy and procedural issues. The TS/SCI group was chosen based on protecting
"national security" and that the 15,000 added to the drug testing base will
increase the pool by 200%. It is important to remember that a positive test can
have an impact on an employee's clearance and possibly their continued employment.
Local security officers and functional intelligence managers will have to once
again validate the clearance/security requirements, functional Intelligence
managers will have to counsel their employees on this new condition of employment,
and Intelligence Administrative Officers will have to provide administrative
support for those collecting the samples.
- Further information on civilian drug testing can be obtained from an
installation's/command's Alcohol and Drug Abuse Prevention and Control Program point of
contact/coordinator.