[Federal Register Volume 60, Number 147 (Tuesday, August 1, 1995)]
[Notices]
[Pages 39198-39199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18848]



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POSTAL SERVICE

Privacy Act of 1974; System of Records

AGENCY: Postal Service.

ACTION: Notice of the addition of three new routine uses in a system of 
records.

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SUMMARY: This document publishes notice of the addition of three new 
routine uses to Privacy Act system of records USPS 120.140, Personnel 
Records--Employee Assistance Program (EAP) Records. One routine use 
permits disclosure to a contractor and is adopted to support 
administration and evaluation of the Postal Service's EAP by the Public 
Health Service (PHS) and by private contractors. The other two routine 
uses support disclosures allowed by PHS and Postal Service regulations. 
One permits disclosure to medical personnel to the extent necessary to 
meet a medical emergency. The other one allows disclosure to qualified 
personnel for purposes of conducting research, audit, or program 
evaluation.

DATES: This proposal will become effective without further notice 
September 11, 1995, unless comments received on or before that date 
result in a contrary determination.

ADDRESSES: Written comments on this proposal should be mailed or 
delivered to Payroll Accounting/Records, United States Postal Service, 
475 L'Enfant Plaza SW, Room 8650, Washington, DC 20260-5242. Copies of 
all written comments will be available for public inspection and 
photocopying between 8 a.m. and 4:45 p.m., Monday through Friday, at 
the above address.

FOR FURTHER INFORMATION CONTACT: Betty E. Sheriff at (202) 268-2608.

SUPPLEMENTARY INFORMATION: The Division of Federal Occupational Health 
of the PHS largely administers the Postal Service's new EAP, providing 
counseling and other assistance to all postal employees and their 
family members. EAP services are also available to employees and family 
members under nine pilot programs administered by private contractors 
or in-house by the Postal Service. In order for contractors to provide 
program services or other legitimate agency functions, such as program 
evaluation, the Postal Service must release to the contractors relevant 
information from EAP records. New routine use No. 1 allows such 
disclosure. The Postal Service applied this routine use to most of its 
systems of records in its last compilation of records systems published 
in the Federal Register on October 26, 1989 (54 FR 43652-43715).
    In addition, PHS and Postal Service regulations applicable to 
program records allow disclosure without patient consent to medical 
personnel in medical emergencies and for research, audit, and 
evaluation activities. Although these disclosures are permitted to some 
extent by exceptions within the Privacy Act, new routine uses No. 2 and 
No. 3 are added to clearly permit disclosures that conform with PHS and 
Postal Service regulations.
    The system changes are not expected to have any effect on 
individual privacy rights. EAP participant records are protected by 
federal law and regulations, and these records receive the highest 
degree of confidentiality. Contractors who receive information pursuant 
to new routine use No. 1 are made subject to subsection (m) of the 
Privacy Act and are required to apply appropriate protections subject 
to the audit and inspection of the Postal Inspection Service. An 
interagency agreement between the Postal Service and the PHS also 
contains provisions requiring procedures for safeguarding the 
confidentiality of EAP records and restricting disclosure by the PHS 
without Postal Service approval. In 

[[Page 39199]]
addition, the PHS, as a federal agency, is governed by the Privacy Act 
with respect to the handling of such records.
    Routine use No. 2 parallels the compelling circumstances exception 
in the Privacy Act and is adopted in conformance with PHS and Postal 
Service regulations allowing disclosure in medical emergency 
situations. Disclosure is limited to that information necessary to meet 
the emergency.
    Similarly, disclosure under routine use No. 3 is permitted by 
Postal Service and PHS regulations and, to some extent, by an exception 
in the Privacy Act. Postal Service regulations provide that records of 
evaluation, research, or audit resulting from a disclosure under 
routine use No. 3 may not contain personal identifying information.
    Pursuant to 5 U.S.C. 552a(r) and paragraph 4.c.(1)(f) of Appendix 1 
of Office of Management and Budget Circular A-130, Federal Information 
Resources Management, interested persons are invited to submit written 
data, views, or arguments on this proposal. A report of the proposed 
system has been sent to Congress and to the Office of Management and 
Budget for their evaluation.
    The most recent description of USPS 120.140 appears at 56 FR 21396 
dated May 8, 1991. It is proposed that routine uses No. 1, No. 2, and 
No. 3 be added as follows to that system description:
USPS 120.140
    Personnel Records--Employee Assistance Program (EAP) Records, 
120.140.
* * * * *
    1. Records or information from this system may be disclosed to an 
expert, consultant, or other individual who is under contract to the 
Postal Service to fulfill an agency function, but only to the extent 
necessary to fulfill that function. This may include disclosure to any 
individual with whom the Postal Service contracts to reproduce by 
typing, photocopying, or other means any records for use by Postal 
Service officials in connection with their official duties or to any 
individual who performs clerical or stenographic functions relating to 
the official business of the Postal Service.
    2. Records or information from this system may be made to medical 
personnel to the extent necessary to meet a medical emergency involving 
the participant.
    3. Non-identifying records or information from this system may be 
disclosed to qualified personnel for purposes of research, audit, or 
program evaluation.
* * * * *
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 95-18848 Filed 7-31-95; 8:45 am]
BILLING CODE 7710-12-P