30 September 1998

SUBJECT: Expanded Drug Testing Based on Security Clearance/Access

  1. 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).
  2. Facts.
    1. 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.
    2. Timing of Implementing the New Categories Identified in Change 3 to AR 600-85, Alcohol and Drug Abuse Prevention and Control Program.
      1. 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.
      2. 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.
    3. 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.
    4. 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.
    5. Possible Problems.
      1. 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.
      2. Organizations that drug test must have an Employee Assistance Program in place.
      3. 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.
    6. 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.
    7. 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.
  3. 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.