NOTE: COMMENTS REGARDING ANY FEDERAL REGISTER NOTICE MUST BE SENT TO THE ADDRESS INDICATED IN THE DOCUMENT. ANY COMMENTS ON THE RAPID INFORMATION BULLETIN BOARD SYSTEM (RIBBS) ABOUT ANY FEDERAL REGISTER NOTICES WILL NOT BE USED OR CONSIDERED IN THE COURSE OF ANY RULE MAKING. [Page 39198-39199] From the Federal Register Online via GPO Access [wais.access.gpo.gov] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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