Notice2022-20887
Privacy Act of 1974; System of Records
Primary source
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Published
September 27, 2022
Effective
October 27, 2022
Issuing agencies
Federal Reserve System
Abstract
Pursuant to the provisions of the Privacy Act of 1974, notice is given that the Board of Governors of the Federal Reserve System (Board) proposes to modify an existing system of records, entitled BGFRS-3, "FRB--Medical Records." BGFRS-3 includes information relating to medical examinations and drug testing of current and prospective employees, and any other medical-related information that may be submitted by employees, contractors, candidates for Board employment, and members of the public.
Full Text
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<title>Federal Register, Volume 87 Issue 186 (Tuesday, September 27, 2022)</title>
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[Federal Register Volume 87, Number 186 (Tuesday, September 27, 2022)]
[Notices]
[Pages 58499-58502]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20887]
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FEDERAL RESERVE SYSTEM
Privacy Act of 1974; System of Records
AGENCY: Board of Governors of the Federal Reserve System.
ACTION: Notice of a modified system of records.
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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, notice
is given that the Board of Governors of the Federal Reserve System
(Board) proposes to modify an existing system of records, entitled
BGFRS-3, ``FRB--Medical Records.'' BGFRS-3 includes information
relating to medical examinations and drug testing of current and
prospective employees, and any other medical-related information that
may be submitted by employees, contractors, candidates for Board
employment, and members of the public.
DATES: Comments must be received on or before October 27, 2022. This
new system of records will become effective October 27, 2022, without
further notice, unless comments dictate otherwise.
The Office of Management and Budget (OMB), which has oversight
responsibility under the Privacy Act, requires a 30-day period prior to
publication in the Federal Register in which to review the system and
to provide any comments to the agency. The public is then given a 30-
day period in which to comment, in accordance with 5 U.S.C. 552a(e)(4)
and (11).
ADDRESSES: You may submit comments, identified by BGFRS-3, ``FRB--
Medical Records,'' by any of the following methods:
[[Page 58500]]
<bullet> Agency website: <a href="https://www.federalreserve.gov">https://www.federalreserve.gov</a>. Follow the
instructions for submitting comments at <a href="https://www.federalreserve.gov/apps/foia/proposedregs.aspx">https://www.federalreserve.gov/apps/foia/proposedregs.aspx</a>.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#cab8afadb9e4a9a5a7a7afa4beb98aacafaeafb8aba6b8afb9afb8bcafe4ada5bc"><span class="__cf_email__" data-cfemail="e597808296cb868a8888808b9196a58380818097848997809680979380cb828a93">[email protected]</span></a>. Include SORN name
and number in the subject line of the message.
<bullet> Fax: (202) 452-3819 or (202) 452-3102.
<bullet> Mail: Ann E. Misback, Secretary, Board of Governors of the
Federal Reserve System, 20th Street and Constitution Avenue NW,
Washington, DC 20551.
All public comments will be made available on the Board's website
at <a href="https://www.federalreserve.gov/apps/foia/proposedregs.aspx">https://www.federalreserve.gov/apps/foia/proposedregs.aspx</a> as
submitted. Accordingly, comments will not be edited to remove any
identifying or contact information. Public comments may also be viewed
electronically and in-person in Room M-4365A, 2001 C St. NW,
Washington, DC 20551, between 9:00 a.m. and 5:00 p.m. during federal
business weekdays.
FOR FURTHER INFORMATION CONTACT: David B. Husband, Senior Counsel,
(202) 530-6270, or <a href="/cdn-cgi/l/email-protection#e08481968984ce82ce88959382818e84a0869282ce878f96"><span class="__cf_email__" data-cfemail="5c383d2a3538723e7234292f3e3d32381c3a2e3e723b332a">[email protected]</span></a>, Legal Division, Board of
Governors of the Federal Reserve System, 20th Street and Constitution
Avenue NW, Washington, DC 20551. If you are deaf, hard of hearing, or
have a speech disability, please dial 7-1-1 to access telecommunication
relay services.
SUPPLEMENTARY INFORMATION: The Board is modifying this system of
records to reflect that the Board has eliminated its in-house health
unit and to further clarify the scope of the records included in the
system. Specifically, the Board is updating the ``Categories of Records
in the System'' section as follows: (a) to remove the outdated
references to the collection of information by the Board's Health Unit,
which is now defunct; (b) to clarify that the system includes any
medical records that an employee, contractor, applicant, or other
individual may provide directly to the Board, including medical records
relating to certain sick leave and other leave requests and reasonable
accommodation requests; (c) to remove the reference to records relating
to employees' workers' compensation claims, as those records are
maintained by the Department of Labor's Office of Workers' Compensation
Programs; (d) to remove the reference to records regarding employees'
use of the Board's exercise facilities as the Board does not collect
such medical information; and (e) to remove the unclear and redundant
reference to records regarding employees' participation in an
occupational health services program. In light of these changes, the
Board has made corresponding revisions to system's purpose, categories
of individuals covered by the system, and the policies and practices
for retention and disposal of records section.
The Board is also making general updates to the system.
Specifically, the Board is updating the system location, the system
manager, the authority for maintenance of the system, the record source
categories, and the policies and practices for storage of records. The
Board is also taking the opportunity to update the ``Routine Uses''
section to incorporate a link to the Board's general routine uses. The
Board is not amending or establishing any new routine uses.
The Board is also making technical changes to BGFRS-3 consistent
with the template laid out in OMB Circular No. A-108. Accordingly, the
Board is making technical corrections and non-substantive language
revisions to the following categories: ``Policies and Practices for
Storage of Records,``Policies and Practices for Retrieval of Records,''
``Policies and Practices for Retention and Disposal of Records,''
``Administrative, Technical and Physical Safeguards,'' ``Record Access
Procedures,'' ``Contesting Record Procedures,'' and ``Notification
Procedures.'' The Board is also adding the following new fields:
``Security Classification'' and ``History.''
SYSTEM NAME AND NUMBER:
BGFRS-3 ``FRB--Medical Records''.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Human Resources, Management Division, Board of Governors of the
Federal Reserve System, 20th Street and Constitution Avenue NW,
Washington, DC 20551. Certain records are also maintained on the
Board's behalf by Medical Advisory Services, 1140 19th Street NW, Suite
700, Washington, DC 20036 and Workpartners, 600 Grant Street, 8th
Floor, Pittsburgh, PA 15219.
SYSTEM MANAGER:
John Forbes, Program Manager--Employee Life, Human Resources,
Management Division, Board of Governors of the Federal Reserve System,
20th Street and Constitution Avenue NW, Washington, DC 20551, (202)
974-7052, or <a href="/cdn-cgi/l/email-protection#d2b8bdbabcfcb0fcb4bda0b0b7a192b4a0b0fcb5bda4"><span class="__cf_email__" data-cfemail="86ece9eee8a8e4a8e0e9f4e4e3f5c6e0f4e4a8e1e9f0">[email protected]</span></a>.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Sections 10 and 11 of the Federal Reserve Act (12 U.S.C. 244 and
248).
PURPOSE(S) OF THE SYSTEM:
These records are collected and maintained to assist the Board in
determining an employee's fitness for duty and eligibility for benefits
based on medical information, to respond to reasonable accommodation
requests, to assist the Board in providing a safe and healthy working
environment, and to comply with Executive Order 12564, Drug-Free
Federal Workplace.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Past and present Board employees, contractors, candidates for Board
employment, and members of the public.
CATEGORIES OF RECORDS IN THE SYSTEM:
The majority of records are maintained by the Board's vendor on
behalf of the Board and relate to occupational medical examinations of
current and prospective employees, including employees subject to fit-
for-duty requirements, and the drug testing of current and prospective
employees under the Board's Drug-Free Workplace Plan. The Board's
vendor also maintains historical records relating to the preventive
health screenings that the Board previously offered employees through
its now-defunct in-house health unit. The Board's Management Division
maintains medical records that an employee, contractor, applicant, or
other individual may provide directly to the Board, including records
relating to certain sick leave and other leave requests and reasonable
accommodation requests. The Management Division also maintains
information regarding any failed drug testing administered by the
Board's vendor and information regarding whether an employee or
applicant has passed or failed the medical examinations administered by
the Board's vendor.
RECORD SOURCE CATEGORIES:
Information may be provided by the individual to whom the record
pertains, medical professionals, and diagnostic laboratories.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
General routine uses A, B, C, D, F, G, H, I, and J apply to this
system. These general routine uses are located at <a href="https://www.federalreserve.gov/files/SORN-page-general-routine-uses-of-board-systems-of-records.pdf">https://www.federalreserve.gov/files/SORN-page-general-routine-uses-of-board-systems-of-records.pdf</a> and are published in the Federal Register at 83
[[Page 58501]]
FR 43872 at 43873-74 (August 28, 2018). Employee medical information
that is obtained under the Rehabilitation Act may be used only in
accordance with the confidentiality provisions of the Rehabilitation
Act. Records may also be used:
1. To disclose information to the Board's Thrift Plan, the Board's
Group Life Insurance administrators, 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;
2. To disclose information to a federal, state, or local agency to
the extent necessary to comply with laws governing reporting of
communicable disease or when it is reasonably believed that an
individual might have contracted an illness or been exposed to or
suffered from a health hazard while employed in the federal workforce;
3. To disclose to health insurance carriers that provide a health
benefits plan under the Federal Employees Health Benefits Program
information that is necessary to verify eligibility for payment of a
claim for health benefits; and
4. To disclose information to the executor of an individual's
estate, the government entity probating a will, a designated
beneficiary, or to any person who is responsible for the care of an
individual to the extent necessary when the individual to whom a record
pertains is deceased, mentally incompetent, or under other legal
disability, and to disclose information to an individual's emergency
contact, or, if the emergency contact is unavailable, to any person who
the Board believes is assisting the individual, when necessary to
assist that individual in obtaining any employment benefit or any
working condition, such as an accommodation under the Rehabilitation
Act of 1973.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Paper records in this system are stored in locked file cabinets
with access limited to staff with a need to know. Electronic records
are stored on secure servers with access limited to staff with a need
to know.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records can be retrieved by name.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records pertaining to occupational medical examination of employees
are retained for 30 years after the employee's separation or when the
Official Personnel Folder (OPF) is destroyed, whichever is longer. All
medical records of applicants who do not become Board employees are
destroyed 3 years after the end of the year in which the position is
filled or the vacancy announcement is closed, whichever is later,
unless longer retention is authorized for business use. Medical records
relating to reasonable accommodation requests are retained 3 years
after employee separation from the Board or when all appeals are
concluded whichever is later, but longer retention is authorized if
required for business use. Records of positive drug test results in
connection with drug testing of employees are destroyed when the
employee leaves the Board or when 3 years old, whichever is later.
Other medical records are generally destroyed when 3 years old in
accordance with applicable records schedules.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Electronic files are stored on secure servers. The system has the
ability to track individual user actions within the system. The audit
and accountability controls are based on NIST and Board standards
which, in turn, are based on applicable laws and regulations. The
controls assist in detecting security violations and performance or
other issues in the system. Access to the system is restricted to
authorized users within the Board who require access for official
business purposes. Users are classified into different roles and common
access and usage rights are established for each role. User roles are
used to delineate between the different types of access requirements
such that users are restricted to data that is required in the
performance of their duties. Periodic assessments and reviews are
conducted to determine whether users still require access, have the
appropriate role, and whether there have been any unauthorized changes.
RECORD ACCESS PROCEDURES:
The Privacy Act allows individuals the right to access records
maintained about them in a Board system of records. Your request for
access must: (1) contain a statement that the request is made pursuant
to the Privacy Act of 1974; (2) provide either the name of the Board
system of records expected to contain the record requested or a concise
description of the system of records; (3) provide the information
necessary to verify your identity; and (4) provide any other
information that may assist in the rapid identification of the record
you seek.
Current or former Board employees may make a request for access by
contacting the Board office that maintains the record. The Board
handles all Privacy Act requests as both a Privacy Act request and as a
Freedom of Information Act request. The Board does not charge fees to a
requestor seeking to access or amend his/her Privacy Act records.
You may submit your Privacy Act request to the--
Secretary of the Board, Board of Governors of the Federal Reserve
System, 20th Street and Constitution Avenue NW, Washington, DC 20551
You may also submit your Privacy Act request electronically by
using the Board's request portal at: <a href="https://foia.federalreserve.gov/">https://foia.federalreserve.gov/</a>.
CONTESTING RECORD PROCEDURES:
The Privacy Act allows individuals to seek amendment of information
that is erroneous, irrelevant, untimely, or incomplete and is
maintained in a system of records that pertains to them. To request an
amendment to your record, you should clearly mark the request as a
``Privacy Act Amendment Request.'' You have the burden of proof for
demonstrating the appropriateness of the requested amendment and you
must provide relevant and convincing evidence in support of your
request.
Your request for amendment must: (1) provide the name of the
specific Board system of records containing the record you seek to
amend; (2) identify the specific portion of the record you seek to
amend; (3) describe the nature of and reasons for each requested
amendment; (4) explain why you believe the record is not accurate,
relevant, timely, or complete; and (5) unless you have already done so
in a related Privacy Act request for access or amendment, provide the
necessary information to verify your identity.
NOTIFICATION PROCEDURES:
Same as ``Access procedures'' above. You may also follow this
procedure in order to request an accounting of previous disclosures of
records pertaining to you as provided for by 5 U.S.C. 552a(c).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
This SORN was previously published in the Federal Register at 73 FR
24984
[[Page 58502]]
at 24988 (May 6, 2008). The SORN was also amended to incorporate two
new routine uses required by OMB at 83 FR 43872 (August 28, 2018).
Board of Governors of the Federal Reserve System.
Ann E. Misback,
Secretary of the Board.
[FR Doc. 2022-20887 Filed 9-26-22; 8:45 am]
BILLING CODE P
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