[Federal Register Volume 72, Number 165 (Monday, August 27, 2007)]
[Notices]
[Pages 49015-49017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16894]


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DEPARTMENT OF JUSTICE

[AAG/A Order No. 027-2007]


Privacy Act of 1974; System of Records

AGENCY: United States Marshals Service, Department of Justice.

ACTION: Notice of modified system of records.

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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974 (5 
U.S.C. 552a), the United States Marshals Service (USMS), Department of 
Justice, is issuing public notice of its proposal to modify a system of 
records entitled, ``U.S. Marshals Service (USMS) Employee Assistance 
Program (EAP) Records, JUSTICE/USM-015.'' This notice was last 
published in the Federal Register in full on November 8, 1999, at 64 FR 
60832, 47; and modified in part on January 31, 2001, at 66 FR 8425 and 
on January 25, 2007, at 72 FR 3410.

DATES: Title 5 U.S.C. 552a(e)(4) and (11) provide that the public be 
given a 30-

[[Page 49016]]

day period in which to comment on routine uses. The Office of 
Management and Budget (OMB), which has oversight responsibility under 
the Act, requires a 40-day period in which to review the system 
modifications. The public, OMB and Congress are invited to comment on 
the modifications to these systems. Please submit any comments by 
October 9, 2007. The proposed changes will be effective on that date, 
unless comments are received that result in a contrary determination.

ADDRESSES: Submit written comments to the Department of Justice (DOJ), 
ATTN: Joo Chung, Counsel, Privacy and Civil Liberties Office, Office of 
the Deputy Attorney General, Room 4259 Main RFK Building, Washington, 
DC 20530, or facsimile number 202-616-9627.

FOR FURTHER INFORMATION CONTACT: Ed Bordley, Attorney-Advisor, USMS, at 
202-307-8571.

SUPPLEMENTARY INFORMATION: The system notice has been revised to 
reflect routine uses modified or added for consistency with other 
Department of Justice notices, and the removal of one routine use which 
was determined to be not applicable to this particular system of 
records. The system location address has been changed and reworded. The 
categories of records and purposes designation were modified to 
eliminate redundancy and superfluous information. The record access 
procedure designation was modified to reflect the changes in the 
categories of records.
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report on the modified system to OMB and the Congress. A description of 
the system is found below.

    Dated: August 16, 2007.
Lee J. Lofthus,
Assistant Attorney General for Administration.
JUSTICE/USM-015

SYSTEM NAME:
    U.S. Marshals Service (USMS) Employee Assistance Program (EAP) 
Records.

SECURITY CLASSIFICATION:
    Limited official use.

SYSTEM LOCATION:
    Primary system: Human Resources Division, U.S. Marshals Service, 
CS-3, Washington, DC 20530-1000. Contractor records are maintained at 
the respective offices of these providers; these addresses may be 
obtained by contacting the USMS Employee Assistance Program (EAP) 
Office.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Current and former employees of the USMS (and in limited cases, 
immediate family members) who have sought counseling or have been 
referred for counseling or treatment through the USMS EAP. The 
remainder of this notice will refer to all persons covered by this 
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 and/or management's concern 
(management consultation) regarding the EAP client's performance, 
attendance, or conduct issues. The records may contain the consent 
forms; 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 Drug Free Workplace Program or 
treatment facilities; treatment and rehabilitation plans and 
recommendations; abeyance/back-to-work agreements; insurance data; 
behavioral improvement plans; and referral records. Where clinical 
referrals have been made, records may include information related to 
counseling, diagnosis, prognosis, treatment and evaluation, together 
with follow-up data that may be generated by the program providing the 
services. Records may also include those that can assist in the 
monitoring, managing, and evaluating the contractor's performance such 
as sanitized audit records of the EAP/Contractor Program.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    42 U.S.C. 290dd, et seq. and 290ee, et seq.; 42 CFR 2.1, et seq.; 
E.O. 12564, 5 U.S.C. 3301 and 7901; 44 U.S.C. 3101 and Public Law 100-
71, sec. 503 (July 11, 1987).

PURPOSE(S):
    The EAP is a voluntary program designed to assist clients in 
obtaining help in handling personal problem(s) affecting job 
performance, and to provide emotional support and assistance during 
periods of crises. Records are maintained to document and monitor 
client's participation in the EAP program; to monitor compliance with 
abeyance and back-to-work agreements; to document the nature and 
effects of the employee's personal problem(s); and to manage and 
monitor contractor performance. Routine uses of records maintained in 
the system, including categories of users and the purpose of such uses:
    Records or Information May be Disclosed:
    (a) To appropriate state or local authorities to report, where 
required under state law, incidents of suspected child, elder or 
domestic abuse or neglect;
    (b) To any person or entity to the extent necessary to prevent an 
imminent crime which directly threatens loss of life or serious bodily 
injury;
    (c) To USMS 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 counseling, treatment, rehabilitation, and evaluation duties;
    (d) To any person responsible for the care of an EAP client when 
the EAP client to whom the records pertain is mentally incompetent or 
under legal disability;
    (e) To any person or entity to the extent necessary to meet a bona 
fide medical emergency;
    (f) To appropriate agencies, entities, and persons when (1) The 
Department 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) that rely 
upon the compromised information; and (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.
    Disclosure to Consumer Reporting Agencies:
    Records in this system are not appropriate for disclosure to 
consumer reporting agencies.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Information is stored in locked metal safes and in computerized 
databases.

RETRIEVABILITY:
    Records are retrieved by name of employee and, in limited cases 
immediate family members.

[[Page 49017]]

SAFEGUARDS:
    In accordance with the requirements of 42 CFR 2.16, USMS EAP, 
contractor records are stored in a secure environment. Access to USMS 
EAP records is restricted to designated USMS EAP personnel, except as 
otherwise permitted by law or with the written consent of the 
individual. Vouchers prepared to effect payment for services rendered 
by the contractors in performance of the contract do not contain 
individual identifiers. Invoices prepared by contractors located 
outside the Washington, DC metropolitan area are sent by first-class 
mail to the designated member(s) of the local contractors contracted 
with the USMS. In turn, invoices or other records prepared in support 
of payment vouchers which contain individual identifiers are hand-
carried by the local contractors to the EAP Administrator who retains 
the supporting documentation. Records are maintained in locked metal 
safes. Entry to headquarters is restricted by 24-hour guard service to 
employees with official and electronic identification.
    Access to contractors records is restricted to a designated 
member(s) of the contractors, except as otherwise provided by law or 
with the written consent of the individual. Contractors records are 
stored in locked files also.

RETENTION AND DISPOSAL:
    Records, paper or electronic, are retained for three years after 
the individual ceases contact with the USMS EAP and/or the contractor 
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. At that time the 
records are destroyed by shredding (General Records Schedules 26 and 
36).

SYSTEM MANAGER(S) AND ADDRESS:
    Employee Assistance Program Administrator, Health and Safety Team, 
Human Resources Division, United States Marshals Service, CS-3, 
Washington, DC 20530-1000.

NOTIFICATION PROCEDURE:
    Same as ``Record access procedures.''

RECORD ACCESS PROCEDURES:
    Address all requests for access to the USMS EAP records in writing 
to system manger identified above. Address all requests for records 
maintained by the contractor to these service providers. Address(es) of 
these service providers may be obtained by contacting the USMS EAP 
Office. Clearly mark the envelope and letter ``Privacy Act Request.'' 
Clearly indicate the name of the requester, nature of the record 
sought, and approximate date of the record. In addition, provide the 
required verification of identity (28 CFR 16.41(d)) and a return 
address for transmitting the information.

CONTESTING RECORD PROCEDURES:
    Direct all requests to contest or amend information in accordance 
with the procedures outlined under ``Record access procedures.'' State 
clearly and concisely the information being contested, the reasons for 
contesting it, and the proposed amendment to the information sought. 
Clearly mark the letter and envelope ``Privacy Act Amendment Request.''

RECORD SOURCE CATEGORIES:
    Records are generated by the EAP client who is the subject of the 
record; USMS EAP personnel; the contractors, and the specialized 
service providers; the USMS Human Resources Division; and the 
employee's supervisor. In the case of a confirmed, unjustified positive 
drug test, records may also be generated by the staff of the Drug-Free 
Workplace Program and the Medical Review Officer.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. E7-16894 Filed 8-24-07; 8:45 am]
BILLING CODE 4410-04-P