[Federal Register Volume 86, Number 209 (Tuesday, November 2, 2021)]
[Notices]
[Pages 60490-60493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23833]


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POSTAL REGULATORY COMMISSION


Privacy Act of 1974; System of Records

AGENCY: Postal Regulatory Commission.

ACTION: Notice of a new system of records.

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SUMMARY: The Postal Regulatory Commission (PRC) proposes to establish a 
new PRC system of records titled, ``Postal Regulatory Commission/PRC-03 
Medical File System Records.'' PRC collects these records for a variety 
of purposes such as ensuring that records required to be retained on a 
long-term basis meet the mandates of law, Executive Order, or 
regulations (e.g., the Department of Labor's Occupational Safety and 
Health Administration (OSHA) and OWCP regulations), to address 
accommodation requests, and for other medically-related purposes (e.g., 
contact tracing of diseases, appropriate mitigation strategies, etc.).

DATES: This notice is effective upon publication, subject to a 30-day 
period in which to comment on the routine uses, described below. Please 
submit any comments by December 2, 2021.

ADDRESSES: Comments may be submitted to the Federal E-Rulemaking Portal 
electronically at http://www.regulations.gov. Comments can also be sent 
to the Office of the Secretary and Administration, Postal Regulatory 
Commission, 901 New York Ave. NW, Suite 200, Washington, DC 20268-0001, 
Attention: Revisions to Privacy Act Systems of Records. All comments 
received, including attachments and other supporting documents, are 
part of the public record and subject to public disclosure. All 
comments received will be posted without change to http://www.regulations.gov, including any personal information provided. You 
should submit only information that you wish to make publicly 
available.

FOR FURTHER INFORMATION CONTACT: For general and privacy questions, 
please contact: the Secretary, (202) 789-6800, [email protected], Postal 
Regulatory Commission, 901 New York Ave. NW, Suite 200, Washington, DC 
20268-0001.

SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974, 
the Postal Regulatory Commission (``PRC'') proposes to establish a new 
PRC system of records titled, ``Postal Regulatory Commission/PRC-03 
Medical File System Records.'' PRC is publishing this system of records 
to provide notice to individuals regarding the collection, maintenance, 
use, and disclosure of medical records pertaining to PRC personnel 
(meaning employees and interns).
    PRC is not seeking exemption from any Privacy Act provisions for 
this system of records.
    In order to reduce the risk to individual privacy, PRC is 
minimizing the information it maintains. PRC will include this system 
in its inventory of record systems.

SYSTEM NAME AND NUMBER:
    Postal Regulatory Commission/PRC-03 Medical File System Records.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    The records are located at the PRC Headquarters in Washington, DC, 
and contractor-owned and operated facilities. Additionally, records may 
be maintained electronically at a PRC data center. Records within this 
system of records may be transferred to a PRC-authorized cloud service 
provider within the Continental United States.

SYSTEM MANAGER(S):
    Secretary, Postal Regulatory Commission, [email protected].

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    39 U.S.C. 504(a); Executive Orders 12107 and 12196; Occupational 
Safety and Health Act (OSHA) of 1970, Public Law 91-596, Section 19(a) 
(29 U.S.C. 668(a)); Section 319 of the Public Health Service Act (42 
U.S.C. 247d; American with Disabilities Act, including 42 U.S.C. 
12112(d)(3)(B) (allowing medical examination after an offer of 
employment has been made to a job applicant), 29 CFR 602.14, 1630.2(r), 
1630.14(b)(1), (c)(1), (d)(4); 29 U.S.C. 668, 29 CFR part 1904, 29 CFR 
1910.1020, 29 CFR 1960.66; Executive Order No. 14043, Requiring 
Coronavirus Disease 2019 Vaccination for Federal Employees; Executive 
Order 13164, Establishing Procedures to Facilitate the Provision of 
Reasonable Accommodation; EEOC, Enforcement Guidance on Reasonable 
Accommodation and Undue Hardship Under the Americans with Disabilities 
Act, 29 CFR part 1615; Rehabilitation Act of 1973, 29 U.S.C. 12101 et 
seq.; 29 U.S.C. 971; 29 CFR 1630; Title VII of the Civil Rights Act, 42 
U.S.C. 2000e.

PURPOSE(S) OF THE SYSTEM:
    Records in this system of records are maintained for a variety of 
purposes, which include the following:
    a. To ensure that records required to be retained on a long-term 
basis to meet the mandates of law, Executive Order, or regulations 
(e.g., the Department of Labor's Occupational Safety and Health

[[Page 60491]]

Administration (OSHA) and OWCP regulations), are so maintained.
    b. To provide a legal document describing the health care 
administered and any exposure incident.
    c. To provide a method for evaluating quality of health care 
rendered and job-health-protection including engineering protection 
provided, protective equipment worn, workplace monitoring, and medical 
exam monitoring required by OSHA or by good practice.
    d. To ensure that all relevant, necessary, accurate, and timely 
data are available to support any medically-related employment 
decisions affecting the subject of the records (e.g., in connection 
with fitness-for-duty and disability retirement decisions).
    e. To document claims filed with and the decisions reached by the 
Department of Labor's Office of Workers' Compensation Program (OWCP) 
and the individual's possible reemployment rights under statutes 
governing that program.
    f. To document employees' reporting of on-the-job injuries or 
unhealthy or unsafe working conditions, including the reporting of such 
conditions to OSHA and actions taken by that agency or by the employing 
agency.
    g. To facilitate communication among members of an on-site health 
and wellness program and to the individual employee participating in 
the program.
    h. To collect records when the PRC determines that collection is 
necessary to protect the health of PRC personnel (meaning employees, 
and interns).
    i. To maintain records necessary and relevant to PRC activities 
responding to and mitigating COVID-19, other high-consequence public 
health threats, or diseases and illnesses relating to a public health 
emergency.
    j. To provide a method by which the PRC can identify PRC employees 
who have requested ``reasonable accommodations'' in their office, work 
stations, other PRC facilities, and/or to access other benefits and 
privileges of employment. Information on the disposition of each 
request to also be maintained in this system.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Current and former PRC personnel (meaning employees and interns).

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records maintained in this system include:
    a. Medical records, forms, and reports completed or obtained when 
an individual applies for a Federal job and is subsequently employed.
    b. Medical records, forms, and reports completed during employment 
as a condition of employment, either by the employing agency or by 
another agency, State or local government entity, or a private sector 
entity under contract to the employing agency.
    c. Reports of on-the-job injuries and medical records, forms, and 
reports generated as a result of the filing of a claim for Workers' 
Compensation, whether the claim is accepted or not. The official 
compensation claim file is not covered by this system; rather, it is 
part OWCP system of records.
    d. All other medical records, forms, and reports created on an 
employee during their period of employment, including any retained on a 
temporary basis (e.g., those designated to be retained only during the 
period of service with a given agency) and those designated for long-
term retention (i.e., those retained for the entire duration of Federal 
service and for some period of time after).
    e. Records resulting from participation in agency-sponsored health 
promotion and wellness activities, including health risk appraisals, 
biometric testing, health coaching, disease management, behavioral 
management, preventive services, fitness programs, and any other 
activities that could be considered part of a comprehensive worksite 
health and wellness program.
    f. Health screening and contact tracing records, which may include 
identification and contact information (such as name, address, work or 
personal phone number(s), work or personal email address(es), work 
office/division, employee ID number, data watch information, medical 
reports, assessments, vaccination status, testing status (where and 
when it occurred; status of results), test type, test results, disease 
type, health status, approximate date of exposure, last date physically 
present in the PRC facility/at a PRC event, name of facility visited, 
areas of the PRC or other facility (if a PRC event at a non-PRC 
facility) traversed, areas and objects touched, workplace contacts, 
names of persons who had physical contact with or was in prolonged 
close physical proximity to infected/potentially infected persons, 
extended proximity event time and date, number of events, number of 
individuals in an event, number of individuals at location, dates and 
locations of domestic and international travel, and related information 
and documents collected for the purpose of screening and contact 
tracing;
    g. Other individual information directly related and relevant to 
PRC activities responding to and mitigating a public health emergency;
    h. The categories of records in this system include but are not 
limited to the information that current and former PRC personnel 
(meaning employees and interns) and applicants must provide by 
submitting a reasonable accommodation requests for medical and/or 
religious exceptions as required by law, as well as the underlying 
information necessary to evaluate and confirm the legal entitlement of 
the exception. This information may include the name and employment 
information of the employee needing an accommodation; requestor's name 
and contact information (if different than the employee who needs an 
accommodation); date request was initiated; information concerning the 
nature of the disability and the need for accommodation, including 
appropriate medical documentation; information concerning the nature of 
the sincerely held religious belief, practice, or observance and the 
need for accommodation, including any appropriate documentation; 
details of the accommodation request and disposition, such as: Type of 
accommodation requested, how the requested accommodation would assist 
in job performance, the sources of technical assistance consulted in 
trying to identify alternative reasonable accommodation, any additional 
information provided by the requestor related to the processing of the 
request; disposition of the request, whether the request was approved 
or denied; and notification(s) to the employee and his/her 
supervisor(s) regarding the accommodation.

RECORD SOURCE CATEGORIES:
    Records in This System are Obtained From:
    a. The individual to whom the records pertain.
    b. Federal and private sector medical practitioners and treatment 
facilities.
    c. Supervisors/managers and other agency officials.
    d. Other agency records.
    In addition, records are obtained through attestations, interviews, 
or electronically from the individuals working for the PRC; those 
individuals who are physically present in a PRC facility or at a PRC 
event; other Federal or state agencies; physicians (as allowed by law 
or with consent from the individual); PRC visitors or their employers; 
and PRC personnel and visitors who maintain (manually or 
electronically) a log or report of their close physical contacts (and 
the duration of that contact) while in PRC facilities to individuals 
designated by PRC.

[[Page 60492]]

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under the 
Privacy Act of 1974, records and/or information or portions thereof 
maintained as part of this system may be disclosed outside PRC as a 
routine use as follows:
    a. To disclose relevant information to the Department of Labor, 
Department of Veterans Affairs, Social Security Administration, Federal 
Retirement Thrift Investment Board, or a national, state, or local 
social security type agency, when necessary to adjudicate a claim 
(filed by or on behalf of the individual) under a retirement, 
insurance, or health benefit program.
    b. To disclose relevant information to a Federal, state, or local 
agency to the extent necessary to comply with laws governing reporting 
of communicable disease.
    c. To disclose relevant and necessary information to another 
Federal, state, or local agency, to a court, or a party in litigation 
before a court or in an administrative proceeding being conducted by a 
Federal or state agency when the Government is a party to the judicial 
or administrative proceeding.
    d. To the United States Department of Justice (``DOJ''), for the 
purpose of representing or providing legal advice to the PRC in a 
proceeding before a court, adjudicative body, or other administrative 
body before which the PRC is authorized to appear, when the records are 
relevant and necessary to the proceeding, when such proceeding 
involves:
    1. The agency, or any component thereof; or
    2. Any employee of the agency in their official capacity; or
    3. Any employee of the agency in their individual capacity where 
the DOJ or the agency has agreed to represent the employee; or
    4. The United States, where the agency determines that litigation 
is likely to affect the agency or any of its components, is a party to 
litigation or has an interest in such litigation, and the use of such 
records by the DOJ or the agency is deemed by the agency to be relevant 
and necessary to the litigation.
    e. To Federal agencies such as the Health and Human Services (HHS), 
State and local health departments, and other public health or 
cooperating medical authorities in connection with program activities 
and related collaborative efforts to deal more effectively with 
exposures to communicable diseases, and to satisfy mandatory reporting 
requirements when applicable.
    f. To appropriate Federal, state, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations, to 
the extent permitted by law, and in consultation with legal counsel, 
for the purpose of protecting the vital interests of a data subject or 
other persons, including to assist such agencies or organizations in 
preventing exposure to or transmission of a communicable or 
quarantinable disease or to combat other significant public health 
threats.
    g. Where a record, either alone or in conjunction with other 
information, indicates a violation or potential violation of law--
criminal, civil, or regulatory in nature--the relevant records may be 
disclosed to the appropriate federal, state, local, territorial, 
tribal, or foreign law enforcement authority or other appropriate 
entity charged with the responsibility for investigating or prosecuting 
such violation or charged with enforcing or implementing such law.
    h. To disclose information to the Federal Labor Relations Authority 
and its General Counsel, the Equal Employment Opportunity Commission, 
arbitrators, and hearing examiners to the extent necessary to carry out 
their authorized duties.
    i. To disclose information to the Office of Federal Employees Group 
Life Insurance or Federal Retirement Thrift Investment Board that is 
relevant and necessary to adjudicate claims.
    j. To disclose information, when an individual to whom a record 
pertains is mentally incompetent or under other legal disability, to 
any person who is responsible for the care of the individual, to the 
extent necessary.
    k. To disclose to the agency-appointed representative of an 
employee, all notices, determinations, decisions, or other written 
communications issued to the employee, in connection with an 
examination ordered by an agency under medical evaluation (formerly 
Fitness for Duty) examinations procedures.
    l. To disclose information to a Federal, state, or local agency, in 
response to its request or at the initiation of the agency maintaining 
the records, in connection with the retention of an employee, the 
issuance of a security clearance, the conducting of a suitability or 
security investigation of an individual, the classifying of jobs, the 
letting of a contract, or the issuance of a license, grant, or other 
benefit by the requesting agency, or the lawful, statutory, 
administrative, or investigative purpose of the agency, to the extent 
that the information is relevant and necessary to the requesting 
agency's decision on the matter.
    m. To disclose to any Federal, state, or local government agency, 
in response to its request or at the initiation of the agency 
maintaining the records, information relevant and necessary to the 
lawful, statutory, administrative, or investigatory purpose of that 
agency as it relates to individuals who might have contracted an 
illness or been exposed to or suffered from a health hazard while 
employed in the Federal workforce or the assurance of compliance with 
Federal, state, or local government laws on health and safety in the 
work environment.
    n. To disclose information to contractors or volunteers performing 
or working on a contract, service, grant, cooperative agreement or job 
for the Federal Government.
    o. To the National Archives and Records Administration (NARA) 
pursuant to records management inspections being conducted under the 
authority of 44 U.S.C. 2904 and 2906.
    p. To appropriate agencies, entities, and persons when (1) the PRC 
suspects or has confirmed that there has been a breach of PRC systems; 
(2) the PRC has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, the PRC 
(including its information systems, programs, and operations), the 
Federal Government, or national security; and (3) the disclosure made 
to such agencies, entities, and persons is reasonably necessary to 
assist in connection with the PRC's efforts to respond to the suspected 
or confirmed breach or to prevent, minimize, or remedy such harm.
    q. To another Federal agency or Federal entity, when the PRC 
determines that information from this system of records is reasonably 
necessary to assist the recipient agency or entity in (1) responding to 
a suspected or confirmed breach or (2) preventing, minimizing, or 
remedying the risk of harm to individuals, the recipient agency or 
entity (including its information systems, programs, and operations), 
the Federal Government, or national security, resulting from a 
suspected or confirmed breach.
    r. The PRC may disclose information to a Member of Congress or 
staff acting upon the Member's behalf when the Member or staff requests 
the information on behalf of, and at the written request of, the 
individual who is the subject of the record.

[[Page 60493]]

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    PRC stores records in this system electronically or on paper in 
secure facilities in a locked drawer behind a locked door. The records 
may be stored on magnetic disc, cloud storage, and digital media. 
Medical information collected is maintained on separate forms and in 
separate medical files and are treated as confidential medical records.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by an individual's name or other 
identification information (such as email address, employee 
identification number, or SSN).

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are managed in accordance with the PRC Records Schedule 
DAA-0458-2018-0001, and General Records Schedules (GRS) 2.7 Employee 
Health and Safety Records DAA-GRS-2017-0010-0012.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records in this system are safeguarded in accordance with 
applicable law, rules and policies, including all applicable PRC 
automated systems security and access policies. Strict controls have 
been imposed to minimize the risk of compromising the information that 
is being stored. Access to the computer system containing the records 
in this system is limited to those individuals who have a need to know 
the information for the performance of their official duties and who 
have appropriate clearances.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to and notification of any record 
contained in this system of records referencing them, or seeking to 
contest its content, may submit a request in writing to the Secretary 
whose contact information can be found at https://www.prc.gov/foia 
under ``PRC FOIA and Privacy Act Information.'' If an individual 
believes more than one component maintains Privacy Act records 
concerning him or her, the individual may submit the request to the 
FOIA Public Liaison, Postal Regulatory Commission, 901 New York Ave NW, 
Suite 200, Washington, DC 202-789-6800.
    When an individual is seeking records about himself or herself from 
this system of records or any other PRC system of records, the 
individual's request must conform with the Privacy Act regulations set 
forth in 39 CFR part 3006. The individual must first verify their 
identity, meaning that the individual must provide their full name, 
current address, and date and place of birth. The individual must sign 
the request, and the individual's signature must either be notarized or 
submitted under 28 U.S.C. 1746, a law that permits statements to be 
made under penalty of perjury as a substitute for notarization. While 
no specific form is required, an individual may obtain forms for this 
purpose from the FOIA Public Liaison, available via https://www.prc.gov/foia or 202-789-6800. In addition, the individual should:
     Explain why they believe the PRC would have information 
being requested;
     Identify which component(s) of the PRC they believe may 
have the information;
     Specify when the individual believes the records would 
have been created; and
     Provide any other information that will help the FOIA 
staff determine which PRC component may have responsive records;
    If the request is seeking records pertaining to another living 
individual, the request must include an authorization from the 
individual whose record is being requested, authorizing the release to 
the requester.
    Without the above information, the component(s) may not be able to 
conduct an effective search, and the individual's request may be denied 
due to lack of specificity or lack of compliance with applicable 
regulations.

CONTESTING RECORD PROCEDURES:
    Individuals may make a request for amendment or correction of a 
record of the PRC about the individual by writing directly to the 
Secretary, unless the record is not subject to amendment or correction. 
The request should identify each particular record in question, state 
the amendment or correction desired, and state why the individual 
believes that the record is not accurate, relevant, timely, or 
complete. The individual may submit any documentation that would be 
helpful. The request should state whether the individual believes that 
the same record is in more than one system of records.

NOTIFICATION PROCEDURES:
    See ``Records Access Procedures'' above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

    By the Commission.
Erica A. Barker,
Secretary.
[FR Doc. 2021-23833 Filed 11-1-21; 8:45 am]
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