74736 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Notices 

Designation of Countries Whose 

Nationals Are Eligible To Participate in 

the H–2A and H–2B Nonimmigrant 

Worker Programs 

Pursuant to the authority provided to 

the Secretary of Homeland Security 

under sections 214(a)(1), 215(a)(1), and 

241 of the Immigration and Nationality 

Act (8 U.S.C. 1184(a)(1), 1185(a)(1), and 

1231), I am designating, with the 

concurrence of the Secretary of State, 

nationals from the following countries 

to be eligible to participate in the H–2A 

and H–2B nonimmigrant worker 

programs: 

Argentina 

Australia 

Austria 

Barbados 

Belize 

Brazil 

Bulgaria 

Canada 

Chile 

Costa Rica 

Croatia 

Czech Republic 

Denmark 

Dominican Republic 

Ecuador 

El Salvador 

Estonia 

Ethiopia 

Fiji 

Grenada 

Guatemala 

Haiti 

Honduras 

Hungary 

Iceland 

Ireland 

Israel 

Italy 

Jamaica 

Japan 

Kiribati 

Latvia 

Lithuania 

Macedonia 

Madagascar 

Mexico 

Moldova 

Montenegro 

Nauru 

The Netherlands 

Nicaragua 

New Zealand 

Norway 

Panama 

Papua New Guinea 

Peru 

The Philippines 

Poland 

Portugal 

Romania 

Samoa 

Serbia 

Slovakia 

Slovenia 

Solomon Islands 

South Africa 

South Korea 

Spain 

Sweden 

Switzerland 

Thailand 

Tonga 

Turkey 

Tuvalu 

Ukraine 

United Kingdom 

Uruguay 

Vanuatu 

This notice does not affect the status 

of aliens who currently hold valid H–2A 

or H–2B nonimmigrant status. Persons 

currently holding such status, however, 

will be affected by this notice should 

they seek an extension of stay in H–2 

classification, or a change of status from 

one H–2 status to another. Similarly, 

persons holding nonimmigrant status 

other than H–2 status are not affected by 

this notice unless they seek a change of 

status to H–2 status. 

Nothing in this notice limits the 

authority of the Secretary of Homeland 

Security or his or her designee or any 

other federal agency to invoke against 

any foreign country or its nationals any 

other remedy, penalty, or enforcement 

action available by law. 

Jeh Charles Johnson, 

Secretary. 

[FR Doc. 2014–29353 Filed 12–15–14; 8:45 am] 

BILLING CODE 9110–9M–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2014–0068] 

Privacy Act of 1974; Department of 

Homeland Security/United States 

Coast Guard—002 Employee 

Assistance Program Records System 

of Records 

AGENCY: Privacy Office, Department of 

Homeland Security. 

ACTION: Notice of Privacy Act System of 

Records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, the Department of 

Homeland Security proposes to update 

and reissue a current Department of 

Homeland Security system of records 

titled, ‘‘Department of Homeland 

Security/United States Coast Guard 

Employee Assistance Program Records 

System of Records.’’ This system of 

records allows the Department of 

Homeland Security/United States Coast 

Guard to administer the United States 

Coast Guard Employee Assistance 

Program for military personnel. As a 

result of the biennial review of this 

system, the system manager and address 

category has been updated. 

Additionally, this notice includes nonsubstantive changes to simplify the 

formatting and text of the previously 

published notice. This updated system 

will be included in the Department of 

Homeland Security’s inventory of 

record systems. 

DATES: Submit comments on or before 

January 15, 2015. This updated system 

will be effective January 15, 2015. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2014–0068 by one of the following 

methods: 

• Federal e-Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–343–4010. 

• Mail: Karen L. Neuman, Chief 

Privacy Officer, Privacy Office, 

Department of Homeland Security, 

Washington, DC 20528. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. All 

comments received will be posted 

without change to http://

www.regulations.gov, including any 

personal information provided. 

Docket: For access to the docket to 

read background documents or 

comments received, please visit http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

general questions, please contact: 

Marilyn Scott-Perez (202) 475–3515, 

Privacy Officer, Commandant (CG–61), 

United States Coast Guard, Mail Stop 

7710, Washington, DC 20593. For 

privacy questions, please contact: Karen 

L. Neuman, (202) 343–1717, Chief 

Privacy Officer, Privacy Office, 

Department of Homeland Security, 

Washington, DC 20528. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In accordance with the Privacy Act of 

1974, 5 U.S.C. 552a, the Department of 

Homeland Security (DHS) United States 

Coast Guard (USCG) proposes to update 

and reissue a current DHS system of 

records titled, ‘‘DHS/United States Coast 

Guard—002 Employee Assistance 

Program Records System of Records.’’ 

The collection and maintenance of this 

information will allow the DHS/USCG 

to administer the United States Coast 

Guard Employee Assistance Program for 

military personnel. As a result of a 

biennial review of the system, the 

system manager and address category 

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Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Notices 74737 

has been updated to reflect the new mail 

stop. 

Consistent with DHS’s informationsharing mission, information stored in 

the DHS/USCG–002 Employee 

Assistance Program Records System of 

Records may be shared with other DHS 

components that have a need to know 

the information to carry out their 

national security, law enforcement, 

immigration, intelligence, or other 

homeland security functions. In 

addition, information may be shared 

with appropriate federal, state, local, 

tribal, territorial, foreign, or 

international government agencies 

consistent with the routine uses set 

forth in this system of records notice. 

This updated system will be included in 

DHS’s inventory of record systems. 

II. Privacy Act 

The Privacy Act embodies fair 

information practice principles in a 

statutory framework governing the 

means by which Federal Government 

agencies collect, maintain, use, and 

disseminate individuals’ records. The 

Privacy Act applies to information that 

is maintained in a ‘‘system of records.’’ 

A ‘‘system of records’’ is a group of any 

records under the control of an agency 

from which information is retrieved by 

the name of an individual or by some 

identifying number, symbol, or other 

identifying particular assigned to the 

individual. In the Privacy Act, an 

individual is defined to encompass U.S. 

citizens and lawful permanent 

residents. As a matter of policy, DHS 

extends administrative Privacy Act 

protections to all individuals when 

systems of records maintain information 

on U.S. citizens, lawful permanent 

residents, and visitors. 

Below is the description of the DHS/ 

USCG–002 Employee Assistance 

Program Records System of Records. 

In accordance with 5 U.S.C. 552a(r), 

DHS has provided a report of this 

system of records to the Office of 

Management and Budget and to 

Congress. 

System of Records 

Department of Homeland Security (DHS)/

USCG–002 

SYSTEM NAME: 

DHS/USCG–002 Employee Assistance 

Program Records. 

SECURITY CLASSIFICATION: 

Unclassified. 

SYSTEM LOCATION: 

Records are maintained at the United 

States Coast Guard Headquarters in 

Washington, DC and field offices. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

All USCG active duty, reserve, and 

retired active duty and reserve military 

personnel and their eligible dependents/ 

individuals who have been referred for 

assistance or counseling, are being 

assisted or counseled, or have been 

assisted or counseled by the USCG 

Employee Assistance Program. 

Eligibility will vary based on status. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Categories of records in this system 

include: 

• Military personnel’s name; 

• Eligible dependent/individual’s 

name, if applicable; 

• Social Security number; 

• Employee identification number; 

• Date of birth; 

• Addresses; 

• Email address; 

• Telephone numbers; 

• Job-related information including: 

Job title; rank; duty station; supervisor’s 

name and telephone number; 

documents received from supervisors or 

personnel regarding work place 

problems or performance; leave and 

attendance records; and workplacerelated recommendations made to 

supervisors as a result of a team 

meeting; 

• Counseling and intervention-related 

information including: Notes and 

documentation of Employee Assistance 

Program counselors; records of 

treatment, including non-clinical 

educational interventions; counseling 

referrals; team reports; records of 

employee attendance at treatment and 

counseling programs; prognosis of 

individuals in treatment or counseling 

programs; insurance data; addresses and 

contact information of treatment 

facilities; name and address of 

individuals providing treatment or 

counseling or intervention; and Privacy 

Act notification forms and written 

consent forms; 

• USCG Workplace Violence and 

related Critical Incident Team records of 

the Workplace Violence Prevention 

Program, maintained by USCG WorkLife personnel. These records may 

include written reports and 

recommendations to leadership 

personnel regarding alleged work place 

violence incidents; 

• USCG Critical Incident Stress 

Management-related records, which 

may include descriptions of incidents, 

consultations, interventions, and may 

contain personally-identifying 

information (for the purpose of followon contacts with those thought to be 

impacted by the critical incident); 

• USCG Sexual Assault Prevention 

and Response Program case records 

maintained by USCG Work-Life 

personnel. These records are used to 

facilitate services for victims and their 

family members as appropriate. In 

addition to information cited above, 

these records may contain Victim 

Reporting Preference Statement, case 

notes, and safety plan. Record may also 

contain descriptions of alleged assaults; 

• USCG Victim Support Person or 

Victim Advocate maintained by USCG 

Work-Life personnel. These are 

maintained in conjunction with efforts 

to provide assistance to victims of 

crime. Records will contain signed 

Victim Support Person or Victim 

Advocate Statement of Understanding 

and Victim Support Person or Victim 

Advocate Supervisor; 

• Statement of Understanding, 

assignment information, and notes 

regarding results of screening interview, 

relevant training received, and any other 

information relevant to the Victim 

Support Person’s or Victim Advocate’s 

provision of support services to victims; 

• USCG Critical Incident Stress 

Management Peer Volunteers 

maintained by USCG Work-Life 

personnel. These records contain 

statement of understanding, notes 

regarding screening interview, record of 

related training received, and any other 

information relevant to the peer’s 

provision of services when deployed 

after a critical incident; 

• Case records maintained by USCG 

Work-Life personnel on USCG Active 

Duty members who have demonstrated 

suicidal behavior. The purpose of these 

records is to facilitate continuity of care 

for personnel who have exhibited 

suicidal behavior. These records will 

contain reports regarding each incident 

and follow-up case notes; 

• Reports of USCG active duty 

suicidal behavior incidents, work place 

violence incidents, critical incidents, 

and sexual assaults are maintained by 

USCG Headquarters (CG–1112). These 

reports are received from Work-Life 

Offices, which are responsible for 

providing services for the related 

programs described above. Their 

purpose is to ensure continuity of care 

and to identify any systemic issues 

found in aggregate data. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

5 U.S.C. 7361, 7362, 7901, and 7904; 

5 U.S.C. 301; Federal Records Act, 44 

U.S.C. 3101. 

PURPOSE(S): 

The Employee Assistance Program 

will maintain information gathered by 

and in the possession of the USCG 

Employee Assistance Program, an 

internal agency program designed to 

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74738 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Notices 

assist employees of USCG and, in 

certain instances, their eligible 

dependents/individuals, in regard to a 

variety of personal and/or work related 

problems. The program involves 

counseling, educational, and 

consultative services provided through 

the internal and external Employee 

Assistance Program for alcohol, drug, 

emotional, or behavioral problems, and 

addresses mandatory and voluntary 

counseling following exposure to a 

traumatic incident, responses to critical 

incidents that impact employees, and 

workplace incidents involving actual 

violence or the threat of violence and 

necessary follow up. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

Disclosure of substance abuse records 

is limited to the parameters set forth in 

42 U.S.C. 290dd, 290ee, and Public Law 

100–71, Section 503(e). Accordingly, a 

Federal employee’s substance abuse 

records may not be disclosed without 

the prior written consent of the 

employee, unless the disclosure would 

be one of the following: 

A. To the Department of Justice 

(including Offices of the United States 

Attorneys) or other Federal agency 

conducting litigation or in proceedings 

before any court, adjudicative, or 

administrative body when it is 

necessary to the litigation and one of the 

following is a party to the litigation or 

has an interest in such litigation: 

1. DHS or any component thereof; 

2. Any employee of DHS in his/her 

official capacity; 

3. Any employee of DHS in his/her 

individual capacity when DOJ or DHS 

has agreed to represent the employee; or 

4. The United States or any agency 

thereof, is a party to the litigation or has 

an interest in such litigation, and DHS 

determines that the records are both 

relevant and necessary to the litigation 

and the use of such records is 

compatible with the purpose for which 

DHS collected the records. 

B. To appropriate agencies, entities, 

and persons when: 

1. DHS suspects or has confirmed that 

the security or confidentiality of 

information in the system of records has 

been compromised; 

2. The Department has determined 

that as a result of the suspected or 

confirmed compromise there is a risk of 

harm to economic or property interests, 

identity theft or fraud, or harm to the 

security or integrity of this system or 

other systems or programs (whether 

maintained by the Department or 

another agency or entity) or harm to the 

individual who relies upon the 

compromised information; 

3. The disclosure made to such 

agencies, entities, and persons is 

reasonably necessary to assist in 

connection with the Department’s 

efforts to respond to the suspected or 

confirmed compromise and prevent, 

minimize, or remedy such harm. 

C. To contractors and their agents, 

grantees, experts, consultants, and 

others performing or working on a 

contract, service, grant, cooperative 

agreement, or other assignment for DHS, 

when necessary to accomplish an 

agency function related to this system of 

records. Individuals provided 

information under this routine use are 

subject to the same Privacy Act 

requirements and limitations on 

disclosure as are applicable to DHS 

officers and employees. 

D. To appropriate State and local 

authorities to report, under State law, 

incidents of suspected child abuse or 

neglect to the extent described under 42 

CFR 2.12. 

E. To any person or entity to the 

extent necessary to prevent an imminent 

and potential crime that directly 

threatens loss of life or serious bodily 

injury. 

F. To report to appropriate authorities 

when an individual is potentially at risk 

to harm himself or herself or others. 

G. To medical personnel to the extent 

necessary to meet a bona fide medical 

emergency. 

H. To qualified personnel for the 

purpose of conducting scientific 

research, management audits, financial 

audits, or program evaluation provided 

that employees are individually 

identified. 

I. To the employee’s medical review 

official. 

J. To the administrator of any 

Employee Assistance Program in which 

the employee is receiving counseling or 

treatment or is otherwise participating. 

K. To any supervisory or management 

official within the employee’s agency 

having authority to take adverse 

personnel action against such employee. 

L. Pursuant to the order of a court of 

competent jurisdiction when required 

by the United States Government to 

defend against any challenge against 

any adverse personnel action. See 42 

U.S.C. 290dd, 290ee, and Public Law 

100–71, Section 503(e). 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

None. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

USCG stores records in this system 

electronically or on paper in secure 

facilities in a locked drawer behind a 

locked door. The records may be stored 

on magnetic disc, tape, or digital media. 

RETRIEVABILITY: 

USCG may retrieve records/data by a 

Military personnel’s or eligible 

dependent’s name. USCG Critical 

Incident Stress Management-related 

records are filed by unit name and are 

not retrievable by individual name, but 

instead, by unit name. 

SAFEGUARDS: 

USCG safeguards records in this 

system in accordance with applicable 

rules and policies, including all 

applicable DHS automated systems 

security and access policies. USCG 

imposes strict controls to minimize the 

risk of compromising the information in 

this system. Access to the computer 

system containing the records in this 

system is limited to those individuals 

who have a need to know the 

information for the performance of their 

official duties and who have appropriate 

clearances or permissions. 

RETENTION AND DISPOSAL: 

USCG maintains and disposes of 

records in accordance with National 

Archives and Records Administrationapproved agency Records Schedule, 

SSIC 1754, item 1 (AUTH: N1–026–07– 

1, Item1) Employee Assistance Program 

(EAP) Coordinator Case Records; if not 

disclosed under the Privacy Act, records 

are retained for three years after the 

client has ceased contact and then 

destroyed. 

Employee Assistance Program client 

records may contain Department of 

Transportation-required Substance 

Abuse evaluations and USCG Sexual 

Abuse Prevention and Response 

Program client records; if not disclosed 

under the Privacy Act, these are 

destroyed with the EAP Coordinator 

case records three years after the last 

contact with the client. 

Employee Assistance Program 

Coordinator Case Records that USCG 

discloses are retained until five years 

after the client has ceased contact or, if 

later, for five years after last disclosure 

of information from the record, as 

authorized by General Records Schedule 

14, item 23. 

All records will be retained beyond 

their normal maintenance period until 

any pending litigation is completed. 

This will be true whether or not the 

client has terminated employment with 

DHS/USCG. Individual states may 

require longer retention. The rules in 

this system notice should not be 

construed to authorize any violation of 

such state laws that have greater 

restrictions. 

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Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Notices 74739 

USCG will destroy files only after the 

required period of maintenance, with a 

witness present, by either (1) a DHS or 

USCG Employee Assistance Program 

Administrator or an Employee 

Assistance Program Administrator from 

another organization that contracts with 

DHS or USCG for Employee Assistance 

Program services, or (2) by designated 

staff of a private or governmental 

organization under contract with DHS 

or USCG to provide document 

destruction services. The witness must 

be trained in the proper handling of 

records covered by the Privacy Act and 

42 CFR part 2. 

USCG destroys written records by 

shredding or burning. USCG destroys 

records stored on hard drives using 

software tools that ensure the protection 

of the confidential information by 

making reconstruction or compromise 

by reuse impracticable. USCG disposes 

of records contained on back-up tapes/ 

diskettes by either physically destroying 

the tapes/diskettes or by deleting them 

using software tools which ensure the 

protection of the confidential 

information by making reconstruction or 

compromise by reuse impracticable. 

USCG transfers records located away 

from the destruction site in a 

confidential manner. No other 

information about Employee Assistance 

Program clients may be maintained once 

these files have been destroyed. 

SYSTEM MANAGER AND ADDRESS: 

Commandant (CG–111), United States 

Coast Guard, Mail Stop 7907, 

Washington, DC 20593–0001. 

NOTIFICATION PROCEDURE: 

Individuals seeking notification of 

and access to any record contained in 

this system of records, or seeking to 

contest its content, may submit a 

request in writing to the Commandant 

(CG–611), United States Coast Guard, 

Mail Stop 7710, Washington, DC 20593. 

If an individual believes more than 

one component maintains Privacy Act 

records concerning him or her, the 

individual may submit the request to 

the Chief Privacy Officer and Chief 

Freedom of Information Act Officer, 

Department of Homeland Security, 245 

Murray Drive SW., Building 410, STOP– 

0655, Washington, DC 20528. 

When seeking records about yourself 

from this system of records or any other 

Departmental system of records, your 

request must conform with the Privacy 

Act regulations set forth in 6 CFR part 

5. You must first verify your identity, 

meaning that you must provide your full 

name, current address, and date and 

place of birth. You must sign your 

request, and your signature must either 

be notarized or submitted under 28 

U.S.C. 1746, a law that permits 

statements to be made under penalty of 

perjury as a substitute for notarization. 

While no specific form is required, you 

may obtain forms for this purpose from 

the Chief Privacy Officer and Chief 

Freedom of Information Act Officer, 

http://www.dhs.gov/foia or 1–866–431– 

0486. In addition, you should: 

• Explain why you believe the 

Department would have information on 

you; 

• Identify which component(s) of the 

Department you believe may have the 

information about you; 

• Specify when you believe the 

records would have been created; and 

• Provide any other information that 

will help the FOIA staff determine 

which DHS component agency may 

have responsive records; and 

If your request is seeking records 

pertaining to another living individual, 

you must include a statement from that 

individual certifying his/her agreement 

for you to access his/her records. 

Without the above information, the 

component(s) may not be able to 

conduct an effective search, and your 

request may be denied due to lack of 

specificity or lack of compliance with 

applicable regulations. 

RECORD ACCESS PROCEDURES: 

See ‘‘Notification procedure’’ above. 

CONTESTING RECORD PROCEDURES: 

See ‘‘Notification procedure’’ above. 

RECORD SOURCE CATEGORIES: 

Records are retained from the 

following sources: 

USCG Employee Assistance Program: 

the client, the licensed mental health 

provider, and collateral sources and 

resources intended to help the client; 

USCG Workplace Violence and 

related Critical Incident Team: 

investigation records, personnel records, 

critical incident team assembled to 

make recommendations to command, 

subject’s supervisors, and the subject; 

USCG Critical Incident Stress 

Management-related records: Work-Life 

staff, Peers, Incident commander, 

command(s) affected, individuals 

impacted by incident, and other support 

persons who may be mobilized to assist 

those impacted by the event; 

USCG Sexual Assault Prevention and 

Response Program: victim, victim 

support person, medical personnel 

assisting victim, criminal investigations 

and investigators, and other support 

personnel intended to assist victim; 

USCG Victim Support Persons (VSP): 

the victim support person, Work-Life 

staff, VSP’s or Victim Advocate’s work 

supervisor, and other support persons 

who may assist in training; 

USCG Critical Incident Stress 

Management Peer Volunteers: Peer, 

Peer’s supervisor, Work-Life staff, and 

other support persons who may assist in 

training; 

Case records maintained by USCG 

Work-Life personnel on USCG Duty 

members who have demonstrated 

suicidal behavior: the patient, medical 

personnel, patient’s command, and 

Work-Life staff and other support 

persons who may assist in helping the 

patient; and 

Reports of USCG active duty suicidal 

behavior incidents, work place violence 

incidents, critical incidents, and sexual 

assaults maintained by USCG 

Headquarters (CG–1112): Work-Life staff 

and others as described above under 

their related programs. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

Dated: November 18, 2014. 

Karen L. Neuman, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2014–29379 Filed 12–15–14; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2014–0070] 

Privacy Act of 1974; Department of 

Homeland Security/United States 

Coast Guard—016 Adjudication and 

Settlement of Claims System of 

Records 

AGENCY: Privacy Office, Department of 

Homeland Security. 

ACTION: Notice of Privacy Act System of 

Records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, the Department of 

Homeland Security proposes to update 

and reissue a current Department of 

Homeland Security system of records 

titled, ‘‘Department of Homeland 

Security/United States Coast Guard 

Adjudication and Settlement of Claims 

System of Records.’’ This system of 

records allows the Department of 

Homeland Security/United States Coast 

Guard to collect and preserve the 

records associated with military 

personnel salary claims. As a result of 

the biennial review of this system, the 

system manager and address and record 

source categories have been updated. 

Additionally, this notice includes nonsubstantive changes to simplify the 

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