[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]
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