Federal Register / Vol. 63, No. 14 /Thursday, January 22, 1998 / Notices 3349

SAFEGUARDS:

Access to premises where records are

stored is restricted via building passes

and security guards. Access to all

records is supervised and restricted to

those employees with a need to know.

In addition, access to computerized

records is protected by encryption,

password and appropriate user ID’s.

RETENTION AND DISPOSAL:

Records are disposed of in accordance

with General Records Schedule No. 2 as

promulgated by the General Services

Administration.

SYSTEM MANAGER(S) AND ADDRESS:

Director, Personnel Staff, Justice

Management Division, Department of

Justice, Ariel Rios Building, 1200

Pennsylvania Avenue, NW., Suite 5206,

Washington, DC 20530.

NOTIFICATION PROCEDURE:

The individual may address inquiries

to the servicing personnel office of the

Department component(s) by which he/

she is or was employed. Addresses of

Department components may be found

in Appendix I., to part 16 of the Code

of Federal Regulations. The individual

may also address his/her request to the

system manager named above.

RECORD ACCESS PROCEDURE:

Same as above.

CONTESTING RECORD PROCEDURE:

Same as above.

RECORD SOURCE CATEGORIES:

Individuals covered by the system;

personnel offices; time and attendance

clerks; supervisors, administrative

officers, other officials; financial

institutions or employee organizations;

previous Federal employers; consumer

reporting agencies; debt collection

agencies; and the courts.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT:

None.

[FR Doc. 98–1524 Filed 1–21–98; 8:45 am]

BILLING CODE 4410–AR–M

DEPARTMENT OF JUSTICE

[AAG/A Order No. 145–97]

Privacy Act of 1974; Altered System of

Records

Pursuant to the provisions of the

Privacy Act of 1974 (5 U.S.C. 552a),

notice is hereby given that the

Department of Justice proposes to

modify a system of records maintained

by the Immigration and Naturalization

Service (INS). The system is entitled the

‘‘Employee Assistance Program (EAP)

Treatment Referral Records, JUSTICE/

INS–019,’’ and was last published on

October 10, 1995 (60 FR 52701).

The system notice, printed below, has

been modified to reflect a reorganization

of the EAP program. Clinical records

will no longer be maintained on behalf

of INS by Health and Human Services

and Office of Personnel Management

(pursuant to an interagency agreement),

nor by a variety of private contractors.

Nor will administrative records be

maintained by EAP Coordinators in INS

regional offices. The program has been

consolidated to include only the EAP

Manager at INS headquarters, a prime

contractor, and subcontractors or

‘‘therapists’’ as necessary. The prime

contractor and therapists are commonly

referred to as ‘‘contract providers.’’ The

EAP manager and the contract providers

may maintain both administrative and

clinical records as appropriate.

The following captions of the notice

have been redrafted to reflect the

organizational changes: ‘‘System

Locations,’’ ‘‘Categories of Individuals

Covered by the System,’’ and

‘‘Categories of Records in the System.’’

In addition, other sections of the notice

have been appropriately edited,

including the ‘‘Routine Use’’ disclosure

section.

The Office of Management and Budget

(OMB), which has oversight

responsibility under the Act, requires a

40-day period in which to conclude its

review of the system modification. In

addition, 5 U.S.C. 552a(e) (4) and (11)

provide that the public be given a 30-

day period in which to comment on

new routine uses of a system of records.

However, no ‘‘new’’ routine uses have

been added; only minor edits have been

made to the Routine use section of the

notice. Nevertheless, the public, as well

as OMB and the Congress, are invited to

submit any comments to Patricia E.

Neely, Program Analyst, Information

Management and Security Staff, Justice

Management Division, Department of

Justice, Washington, DC 20530 (Room

850, WCTR Building).

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

the Department has provided a report to

OMB and the Congress.

Dated: December 16, 1997.

Stephen R. Colgate,

Assistant Attorney General for

Administration.

JUSTICE/INS–019

SYSTEM NAME:

Employee Assistance Program (EAP)

Treatment Referral Records.

SYSTEM LOCATIONS:

Records are maintained by the EAP

Manager/therapist at the Immigration

and Naturalization Service (INS)

headquarters office and at facilities

under contract with INS to provide

treatment and other services related to

the administrative and financial

management of the EAP program, i.e.,

contract providers. INS headquarters

address is 425 I Street, NW,

Washington, DC 20536. Addresses of the

contract providers may be obtained by

contacting the EAP Manager at INS

headquarters.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Current and former INS employees

who have sought counseling and/or

have been referred to the INS EAP

Manager, EAP Specialist, or directly to

the INS EAP contract providers for

counseling and/or treatment. To the

limited degree that counseling and

treatment may be provided to family

members of these employees, these

individuals, too, are covered by the

system.

CATEGORIES OF RECORDS IN THE SYSTEM:

Records include any records which

may assist in diagnosing, evaluating,

counseling and/or treating the

employee. Included are the therapist’s

intake/termination outcome forms,

therapist case notes; pertinent

psychosocial, medical and employment

histories; medical tests or screenings,

including drug and alcohol tests and

information on confirmed unjustified

positive drug tests generated by the staff

of the Drug Free Workplace Program

and the Medical Review Officer and

provided by the EAP Manager or the

employee’s supervisor; treatment and

rehabilitation plans as well as

behavioral improvement plans; and

records of treatment referrals. Referrals

include those to community treatment

resources when employees request legal,

financial or other assistance not related

to psychological or medical health.

Where such referrals have been made,

records may include relevant

information related to such counseling,

diagnosis, prognosis, treatment, and

evaluation, together with follow-up

data. Also included are written consent

forms used to manage referrals and the

flow of information. Finally, records

include account information such as

contract provider billings and INS

payments.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

42 U.S.C. 290dd, et seq., and 290ee,

et seq.; 42 CFR part 2; Executive Order

12564; 5 U.S.C. 3301 and 7901; 44
3350 Federal Register / Vol. 63, No. 14 /Thursday, January 22, 1998 / Notices

1To the extent that release of alcohol and drug

abuse records is more restricted than other records

subject to the Privacy Act, INS will follow such

restrictions. See 42 U.S.C. 290dd and 290ee.

U.S.C. 3101 and Pub. L. 100–71, sec.

503 (July 11, 1987).

PURPOSE:

The EAP is a voluntary program

designed to assist the recovery of

employees who are experiencing one or

more of a variety of personal or

behavioral problems (e.g., marital,

financial, substance abuse). Records are

maintained to document referral and

participation in the EAP program; the

nature and effects of the employee’s

personal or behavioral problem(s);

efforts to counsel, treat, and rehabilitate

the employee; and progress made in

attaining his/her full recovery. Records

may be used also to track compliance

with agreements made to mitigate

discipline based upon treatment

(abeyance agreements).

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

In addition to those disclosures

permitted by the Privacy Act itself,1 5

U.S.C. 552a(b), permissive disclosures

without individual consent, are as

follows:

1. Pursuant to subsection (m) of the

Privacy Act, the contract providers

maintain EAP records on behalf of INS.

Therefore, in addition to those records

which are given directly to the contract

provider by the record subject, other

records collected directly by INS may be

disclosed by INS to the contract

provider to the extent that it is

appropriate, relevant, and necessary to

enable the contract provider to perform

his or her counseling, treatment,

rehabilitation, and evaluation

responsibilities. Similarly, records

collected directly by the contract

provider may be disclosed by the

contract provider to the EAP Manager to

the extent that it is appropriate, relevant

and necessary to enable the EAP

Manager to perform his or her

counseling, program management and

policy, and evaluation responsibilities.

2. Relevant information may also be

disclosed from this system of records as

follows:

a. To appropriate State or local

authorities to report, under State law,

incidents of suspected child abuse or

neglect.

b. To any person or entity to the

extent necessary to prevent an imminent

and potential crime which directly

threatens loss of life or serious bodily

injury.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Records are stored in locked file

cabinets and a computerized

environment.

RETRIEVABILITY:

Records are retrieved by a case

number which is cross referenced to a

name by the computer.

SAFEGUARDS:

In accordance with the requirements

of 42 CFR 2.16, records are stored in a

secure environment. Paper records are

stored in locked files and computerized

records are password protected. In

addition, all paper records, e.g., case

files, billings and payment vouchers, are

identified by case number only and

cannot be identified by a name until

they are cross-referenced by the

computer system to a name.

Records may be accessed within the

EAP Program by designated EAP

Program individuals based on their

need-to-know to perform their duties.

No records will be disclosed except

with the written consent of the

individual, or as indicated under the

routine use disclosure outlined in this

notice.

RETENTION AND DISPOSAL:

Records are retained for three years

after the individual ceases contact with

the counselor unless a longer retention

period is necessary because of pending

administrative or judicial proceedings.

In such cases, the records are retained

for six months after the case is closed.

Records are destroyed by shredding or

burning (General Records Schedules 26

and 36).

SYSTEM MANAGER(S) AND ADDRESSES:

EAP Manager, Immigration and

Naturalization Service, 425 I Street, NW,

Washington, DC 20536.

NOTIFICATION PROCEDURE:

Same as record access procedures.

RECORDS ACCESS PROCEDURES:

Address all requests for access to

records to the system manager identified

above. Address all requests for records

maintained by the contract provider to

that provider. Addresses of these offices

may be obtained by contacting the EAP

Manager. Clearly mark the envelope and

letter ‘‘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 RECORDS PROCEDURES:

Direct all requests to contest or amend

information in accordance with

procedures outlined under Record

Access Procedures. State clearly and

concisely the information being

contested, the reason for contesting it,

and the proposed amendment thereof.

Clearly mark the envelope ‘‘Privacy Act

Amendment Request.’’

RECORD SOURCE CATEGORIES:

Records are generated by the

employee who is the subject of the

record; EAP Manager, EAP Specialists,

and EAP contract facilities/providers;

the personnel office; and the employee’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.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT:

None.

[FR Doc. 98–1525 Filed 1–21–98; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF JUSTICE

Office of Juvenile Justice and

Delinquency Prevention

[OJP(OJJDP)–1155]

Meeting of the Coordinating Council

on Juvenile Justice and Delinquency

Prevention

AGENCY: Office of Justice Programs,

Office of Juvenile Justice and

Delinquency Prevention (OJJDP),

Justice.

ACTION: Notice of meeting.

SUPPLEMENTARY INFORMATION: A meeting

of the Coordinating Council on Juvenile

Justice and Delinquency Prevention will

take place in the District of Columbia,

beginning at 2:00 p.m. on Tuesday,

February 3, 1998 and ending at 4:00

p.m. on February 3, 1998. This advisory

committee, chartered as the

Coordinating Council on Juvenile

Justice and Delinquency Prevention,

will meet at the White House

Conference Center, located at 726

Jackson Place, Truman Room,

Washington, D.C. 20503. The

Coordinating Council, established

pursuant to Section 3(2)A of the Federal

Advisory Committee Act (5 U.S.C., App.

2), will meet to carry out its advisory

functions under Section 206 of the

Juvenile Justice and Delinquency