36718 Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Notices

DEPARTMENT OF JUSTICE

[AAG/A Order No. 199–2000]

Privacy Act of 1974; System of

Records

The Department of Justice (DOJ),

Justice Management Division (JMD),

proposes to modify the Employee

Assistance Program (EAP) Treatment

and Referral Records, Justice/JMD–16.

The primary purpose for establishing

the system of records was to permit the

standard medical practice of retaining

and recording the mental health history

of EAP clients, the rationale for the

counseling and referral provided by the

EAP counselor and to record the

number of contacts made over time. The

Department now proposes to modify the

routine uses of records maintained in

the system to reflect changes in program

personnel, policy and procedures. The

existing routine use allowing for

disclosures to state or local authorities

to report, where required under State

law, incidents of child abuse or neglect,

has been revised to include incidents of

elder or domestic abuse or neglect. In

addition, to reflect the fact that the

Department refers EAP clients to

contract counselors, the Notice adds a

routine use allowing for the disclosure

of records to such contractors. The

Notice also adds a routine use

permitting disclosures to any person

who is responsible for the care of an

EAP client when the EAP client to

whom the records pertain is mentally

incompetent or under legal disability.

Finally, the Notice adds a routine use

allowing for disclosures to any person

or entity to the extent necessary to meet

a bona fide medical emergency. When

this last routine use was suggested when

the Department published its original

EAP System of Records notice, it was

eliminated based on the argument that

exemption (b)(8), 5 U.S.C. sec.

552a(b)(8), to the Privacy Act, already

provided authority to make such

disclosures. Recognizing that there is

ambiguity in exemption (b)(8) as to

whether records about an individual

may be disclosed to a third person, we

have added this routine use to clearly

allow for such disclosures in medical

emergencies.

In addition, the Department is

revising the System Location and

System Manager and Address sections

to reflect personnel changes, and

updating the ‘‘Storage’’ and ‘‘Retention’’

sections to reflect a partial automation

of the system.

Title 5 U.S.C. sec. 552a(e)(4) and (11)

provide that the public be given a 30-

day period in which to comment on the

proposed modifications. The Office of

Management and Budget (OMB), which

has oversight responsibility under the

Act, requires a 40-day period in which

to review the proposed modifications.

Therefore, please submit any comments

by 40 days from publication of this

notice. The public, OMB and the

Congress are invited to submit written

comments to Mary Cahill, Management

and Planning Staff, Justice Management

Division, Department of Justice,

Washington, DC 20530, (202) 307–1823.

As required by 5 U.S.C. sec. 552a(r),

the Department of Justice has provided

a report on the proposed changes to

OMB and the Congress.

A modified system description is set

forth below.

Dated: June 1, 2000.

Stephen R. Colgate,

Assistant Attorney General for

Administration.

JUSTICE/JMD–016

SYSTEM NAME:

Employee Assistance Program (EAP)

Counseling and Referral Records,

Justice/JMD–016.

SYSTEM LOCATION:

Records are maintained by the JMD

EAP staff. Interested parties wishing to

correspond regarding records should

direct their inquiries to the EAP System

Manager, DOJ EAP and Worklife Group

Assistant Director, Justice Management

Division, U.S. Department of Justice,

950 Pennsylvania Ave. NW,

Washington, DC, 20530, or call (202)

514–1846.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Current and former employees of the

Offices, Boards, Divisions and

occasionally Bureaus of the Department

(as listed at 28 CFR 0.1), including the

Office of the Inspector General, the

Executive Office of the U.S. Trustees,

the Executive Office for Immigration

Review and the Office of Justice

Programs, who have sought counseling

or have been referred for counseling or

treatment through the EAP. To the

limited degree that counseling and

referral may be provided to family

members of these employees, these

individuals are covered by the EAP

System. The remainder of this notice

will refer to all persons covered by the

System as ‘‘EAP client(s).’’ Categories of

records in the system:

Records include any record, written

or electronic, which may assist in

diagnosing, evaluating, counseling and/

or treating an EAP client, or resolving an

EAP client’s complaint or management’s

concerns (management consultation)

regarding the EAP client’s performance,

attendance, or conduct problems.

Included are the EAP counselor’s

intake/termination and outcome

documents; case notes; pertinent

psychosocial, medical and employment

histories; medical tests or screenings,

including drug and alcohol tests and

information on positive drug tests

generated by the staff of the Drug Free

Workplace Program or treatment

facilities from which the EAP client may

be receiving treatment; treatment and

rehabilitation plans; behavioral

improvement plans; and records of

referrals. Referrals include those to

community treatment resources and

social service agencies that provide

legal, financial or other assistance not

related to mental health or general

medical services. Where clinical

referrals have been made, records may

include relevant information related to

counseling, diagnosis, prognosis,

treatment and evaluation, together with

follow-up data that may be generated by

the community program providing the

relevant services. Other records

included in the system are the written

consent forms used to permit the

disclosure of information outside the

EAP. Records may also include account

information, such as contractor billings

and government payments, when EAP

services are provided by an EAP

contractor.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

42 U.S.C. sec. 290dd–2; 42 CFR part

2; 5 U.S.C. 3301, 7361, 7362, 7901 and

7904; 44 U.S.C. 3101; Executive Order

12564; and Pub. L. 100–71, 101 Stat.

391, sec. 503 (July 11, 1987).

PURPOSE:

Records are maintained to document

the work performed by the EAP on

behalf of the EAP client and to allow for

the tracking of the EAP client’s progress

and participation in the EAP or

community programs. These records

may also be used to track compliance

with Abeyance or Last Change

Agreements that include treatment

options, in which the EAP is an integral

part of establishing and/or monitoring

treatment compliance as directed by the

EAP client. Routine uses of records

maintained in the system, including

categories of users and purposes of such

uses:

In addition to those disclosures

permitted by the Privacy Act itself, 5

U.S.C. sec. 552a(b), relevant information

may be disclosed from this system of

Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Notices 36719

1To the extent that the release of alcohol and

drug abuse records is more restricted than other

records subject to the Privacy Act, DOJ will follow

such restrictions. See 42 U.S.C. 290dd–2; 42 CFR

part 2.

records without EAP client consent as

follows: 1

1. To appropriate State or local

authorities to report, where required

under State law, incidents of suspected

child, elder or domestic abuse or

neglect. 2. To any person or entity to the

extent necessary to prevent an imminent

crime which directly threatens loss of

life or serious bodily injury. 3. To JMD contractors that provide

counseling and other services through

referrals from the EAP staff to the extent

that it is appropriate, relevant, and

necessary to enable the contractor to

perform his or her counseling,

treatment, rehabilitation, and evaluation

responsibilities. 4. To any person who is responsible

for the care of an EAP client when the

EAP client to whom the records pertain

is mentally incompetent or under legal

disability. 5. To any person or entity to the

extent necessary to meet a bona fide

medical emergency.

POLICIES AND PRACTICES FOR STORING

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Information in this system is

maintained on paper and computer

discs which are stored in locked GSAapproved security containers.

RETRIEVABILITY:

Records are indexed and retrieved by

identifying number or symbol, crossindexed to EAP client names.

SAFEGUARDS:

Paper records and computer discs are

kept in locked GSA-approved security

containers, and the computer discs are

password protected. Only EAP staff will

have access to the records. Records may

be reviewed by any EAP staff member

as may be needed to provide EAP

services. No record may be released by

the DOJ EAP staff without prior

approval of the DOJ EAP System

Manager.

RETENTION AND DISPOSAL:

Records are retained for three years

after the EAP client ceases contact with

the counselor (in accordance with

General Records Schedule No. 1, Item

No. 26) unless a longer retention period

is necessary because of administrative

or judicial proceedings. In such cases,

the records are retained for six months

after the conclusion of the proceedings.

Paper records are destroyed by

shredding, which must be performed by

an EAP staff member. Computer discs

are erased, degaussed or physically

destroyed by an EAP staff member.

SYSTEM MANAGER AND ADDRESS:

DOJ EAP and Worklife Group

Assistant Director, Justice Management

Division, U.S. Department of Justice 950

Pennsylvania Ave. NW, Washington, DC

20530, (202) 514–1846.

NOTIFICATION PROCEDURE:

Some as Record Access Procedures.

RECORD ACCESS PROCEDURES:

Make all requests for access in writing

to the EAP System Manager identified

above. Clearly mark the envelope and

letter ‘‘Freedom of Information Act/

Privacy Act Request.’’ Provide the full

name and notarized signature of the

individual who is the subject of the

record, the dates during which the

individual was in counseling , any other

information which may assist in

identifying and locating the record, and

a return address.

CONTESTING RECORD PROCEDURES:

Director all requests to contest or

amend information to the EAP System

Manager identified above. The request

should follow the Record Access

Procedures, listed above, and should

state clearly and concisely the

information being contested, the reason

for contesting it, and the proposed

amendment thereof. Clearly mark the

envelope and letter ‘‘Freedom of

Information Act/Privacy Act Request.’’

RECORD SOURCE CATEGORIES:

Records are generated by EAP

personnel, referral counseling and

treatment programs or individuals, the

EAP client who is the subject of the

record, the personnel office and the EAP

client’s supervisor. In the case of drug

abuse counseling, records may also be

generated by the staff of the Drug-Free

Workplace Program and the Medical

Review Officer.

EXEMPTIONS CLAIMED FOR THIS SYSTEM:

None.

[FR Doc. 00–14616 Filed 6–8–00; 8:45 am]

BILLING CODE 4910–CJ–M

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

[INS No. 2065R–00]

RIN 1115–AE26

Extension of Re-registration Period

and Work Authorization for Hondurans

Under Temporary Protected Status

Program

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Notice.

SUMMARY: This notice extends the reregistration period until July 5, 2000 for

those eligible nationals of Honduras (or

aliens having no nationality who last

habitually resided in Honduras) who

may re-register for Temporary Protected

Status (TPS) and apply for a new period

of employment authorization. On May

11, 2000, through a notice in the

Federal Register at 65 FR 30438, the

Attorney General extended the TPS

designation of Honduras for an

additional 12-month period, until July

5, 2001. The May 11, 2000 Federal

Register notice also set the end of the

filing period for re-registration at June

12, 2000, which is now being changed

to July 5, 2000.

In addition to extending the reregistration period, this notice extends

until December 5, 2000 the validity of

Employment Authorization Documents

(EADs) that were issued to Honduran

nationals (or aliens having no

nationality who last habitually resided

in Honduras) under the initial TPS

designation and that are set to expire on

July 5, 2000. To be eligible for this

automatic extension of employment

authorization, an individual must be a

national of Honduras (or an alien having

no nationality who last habitually

resided in Honduras) who previously

applied for and received an EAD under

the initial January 5, 1999 designation of

Honduras for TPS. This automatic

extension is limited to EADs bearing an

expiration date of July 5, 2000 and the

notation:

• ‘‘A–12’’ or ‘‘C–19’’ on the face of the

card under ‘‘Category’’ for EADs issued

on Form I–766; or,

• ‘‘274A.12(A)(12)’’ or

‘‘274A.12(C)(19)’’ on the face of the card

under ‘‘Provision of Law’’ for EADs

issued on Form I–688B.

EFFECTIVE DATES: The extension of the

TPS designation for Honduras is

effective July 6, 2000, and will remain

in effect until July 5, 2001. The reregistration period began May 11, 2000

and will remain in effect until July 5,

2000. All EADs that were issued to