[Federal Register Volume 64, Number 193 (Wednesday, October 6, 1999)] [Notices] [Pages 54322-54324] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-25923] ----------------------------------------------------------------------- FEDERAL RESERVE SYSTEM [Docket No. R-1047] Privacy Act of 1974; Notice of Amendment of System of Records AGENCY: Board of Governors of the Federal Reserve System. ACTION: Amendment of system of records. ----------------------------------------------------------------------- SUMMARY: In accordance with the Privacy Act, the Board of Governors of the Federal Reserve System (Board) is amending one system of records, entitled General Personnel Records (BGFRS-4). These amendments include new routine uses and reflect changes due to use of more computerized records and a reorganization of the Board's human resources function. We invite public comment on this publication. DATES: Comment must be received on or before November 5, 1999. ADDRESSES: Comments, which should refer to Docket No. R-1047, may be mailed to Ms. Jennifer J. Johnson, Secretary, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW, Washington, DC 20551. Comments addressed to Ms. Johnson also may be delivered to the Board's mail room between 8:45 a.m. and 5:15 p.m. on weekdays, and to the security control room outside of those hours. The mail room and the security control room are accessible from the courtyard entrance on 20th Street between Constitution Avenue and C Street, NW. Comments will be available for inspection and copying by members of the public in the Freedom of Information Office, Room MP- 500, between 9 a.m. and 5 p.m. weekdays, except as provided in Sec. 261.13(i) of the Board's Rules Regarding Availability of Information. FOR FURTHER INFORMATION CONTACT: Elaine M. Boutilier, Senior Counsel, Legal Division (202/452-2418), or Chris Fields, Manager, Human Resources Function, Management Division (202/452-3654). For the hearing impaired only, contact Diane Jenkins, Telecommunications Device for the Deaf (TDD)(202/452-3544), Board of Governors of the Federal Reserve System, 20th and Constitution, NW, Washington, DC 20551. SUPPLEMENTARY INFORMATION: Unlike most Federal government agencies whose personnel files are maintained by the Office of Personnel Management (OPM), the Board maintains its own personnel files because the Board has independent statutory authority to hire staff and set the salary and benefit terms for its staff. Accordingly, the personnel files of Board employees are not contained in the system of records identified as OPM/GOVT-1. Nevertheless, the Board's personnel files are used in much the same manner as personnel files of other federal employees. Accordingly, after reviewing the routine uses for the existing system of records, the Board has determined to adopt many of the routine uses that are included in OPM/GOVT-1. In accordance with 5 U.S.C. 552a(r), a report of these amended systems of records is being filed with the Chair of the House Committee on Government Reform and Oversight, the Chair of the Senate Committee on Governmental Affairs, and the Office of Management and Budget. These amendments will become effective on November 9, 1999, without further notice, unless the Board publishes a notice to the contrary in the Federal Register. Accordingly, the system of records entitled FEB-General Personnel Records (BGFRS-4) is amended as set forth below. BGFRS-4. System name: FRB--General Personnel Records. Security classification: None. System location: Board of Governors of the Federal Reserve System, 20th and Constitution, NW, Washington, DC 20551. Categories of individuals covered by the system: Current and former employees of the Board, and the surviving spouses and children of former Board employees. Categories of records in the system: This system of records consists of information relating to personnel actions of the Board and its determinations made about an individual during the course of his or her employment by the Board. These records may contain information about employees and former employees relating to employment, placement, personnel actions; academic assistance, and training and development activities; background investigations; and salary actions. Performance Management Program (PMP) ratings for the most recent two years are included, but the actual PMP form is not. It also includes minority group and medical disability designators; records relating to benefits and designation of beneficiary; emergency contact information; address and name changes; documentation supporting personnel actions or decisions made about an individual; information concerning awards; and other information relating to the status of the individual while employed by the Board, including records of jury duty by the employee and any doctor's certificate that may have been filed at the request of the employee regarding the employee's health. The system of records also contains information regarding surviving beneficiaries of deceased Board employees to the extent necessary to provide benefits to those individuals. Authority for maintenance of the system: Sections 10 and 11 of the Federal Reserve Act (12 U.S.C. 244 and 248(l)). Purpose(s): These records are collected and maintained to assist the Board in its personnel actions and decisions, and in the administration of its benefits programs. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: These records and information in these records may be used: a. To disclose information to Government training facilities (Federal, State, and local) and to non-Government training facilities (private vendors of training courses or programs, private schools, etc.) for training purposes. b. To disclose information to educational institutions on appointment of a recent graduate to a position at the Board, and to provide college and university officials with information about their students who are working in internships or other similar programs necessary to a student's obtaining credit for the experience gained. c. To disclose information to the Department of Labor, Department of Veterans Affairs, Social Security Administration, Department of Defense, a Federal Reserve Bank, or any Federal [[Page 54323]] agencies that have special civilian employee retirement programs; or to a national, State, county, municipal, or other publicly recognized charitable or income security, administration agency (e.g., State unemployment compensation agencies), when necessary to adjudicate a claim under the retirement, insurance, unemployment, or health benefits programs of the Board, a Federal Reserve Bank, or any agency cited above, or to an agency to conduct an analytical study or audit of benefits being paid under such programs. d. To disclose to the Office of Federal Employees Group Life Insurance, information necessary to verify election, declination, or waiver of regular and/or optional life insurance coverage, eligibility for payment of a claim for life insurance, or a Thrift Savings Program (TSP) election change and designation of beneficiary. e. To disclose to the manager of the Federal Reserve Thrift Plan, or any other TSP, information necessary to complete enrollment, determine appropriate levels of withholding and/or contributions, determine eligibility for disbursements, verify designation of beneficiary, or to carry out the coordination or audit of the Plan or savings program. f. To disclose, to health insurance carriers contracting with the Board and/or the Federal Government to provide a health benefits plan (e.g., Federal Employees Health Benefits Program), information necessary to identify enrollment in a plan, to verify eligibility for payment of a claim for health benefits, or to carry out the coordination or audit of benefit provisions of such contracts. g. To disclose pertinent information to the appropriate Federal, State, or local agency responsible for investigating, prosecuting, enforcing, or implementing a statute, rule, regulation, or order, when the Board becomes aware of an indication of a violation or potential violation of civil or criminal law or regulation. h. To disclose information to any source from which additional information is requested (to the extent necessary to identify the individual, inform the source of the purpose(s) of the request, and to identify the type of information requested), when necessary to obtain information relevant to a Board decision to hire or retain an employee, issue a security clearance, conduct a security or suitability investigation of an individual, classify jobs, let a contract, or issue a license, grant, or other benefits. i. To disclose to a Federal agency in the executive, legislative or judicial branch of government, or to a Federal Reserve Bank, in response to its request, or at the initiation of the Board, information in connection with the hiring of an employee, the issuance of a security clearance, the conducting of a security or suitability investigation of an individual, the classifying of jobs, the letting of a contract, the issuance of a license, grant, or other benefits 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. j. To provide information to a congressional office from the record of an individual in response to an inquiry from the congressional office made at the request of the individual. k. To disclose information to another Federal agency, a court, or a party in litigation before a court or in an administrative proceeding being conducted by a Federal agency, when the Board is a party to the judicial or administrative proceeding. l. To disclose information to the Department of Justice or in a proceeding before a court, adjudicative body, or other administrative body before which the Board is authorized to appear, when: (1) The Board or any employee of the Board in his or her official capacity; or (2) Any employee of the Board in his or her individual capacity where the Department of Justice or the Board has agreed to represent the employee; or (3) The United States (when the Board determines that the litigation is likely to affect the Board) is a party to litigation or has an interest in such litigation, and the use of such records by the Department of Justice or the Board is deemed by the Board to be relevant and necessary to the litigation provided, however, that in each case it has been determined that the disclosure is compatible with the purpose for which the records were collected. m. By the National Archives and Records Administration in connection with records management inspections and its role as Archivist. n. When an individual to whom a record pertains is mentally incompetent or under other legal disability, information in the individual's record may be disclosed to any person who is responsible for the care of the individual, to the extent necessary to assure payment of benefits to which the individual is entitled. o. To disclose to the Board-appointed representative of an employee all notices, determination, decisions, or other written communications issued to the employee, in connection with an examination ordered by the Board under-- (1) Fitness-for-duty examination procedures; or (2) Agency-filed disability retirement procedures. p. To disclose, in response to a request for discovery or for appearance of a witness, information that is relevant to the subject matter involved in a pending judicial or administrative proceeding. q. To disclose to a requesting agency, organization, or individual the home address and other relevant information on those individuals who it reasonably believed might have contracted an illness or might have been exposed to or suffered from a health hazard while employed in the Federal workforce. r. To disclose information to the Equal Employment Opportunity Commission when requested in connection with investigations or other functions vested in the Commission. s. To disclose to prospective non-Federal employers the following information about a specifically identified current or former Board employee: (1) Tenure of employment; (2) civil service status; (3) length of service at the Board and in the Government; and (4) when separated, the date and nature of action as shown on the Job Action. t. To disclose information to contractors, grantees, or volunteers performing or working on a contract, service, grant, cooperative agreement, or job for the Board. u. To disclose information to a Federal, State or local governmental entity or agency (or its agent) when necessary to locate individuals who are owed money or property either by a Federal, State, or local agency, or by a financial or similar institution. v. To disclose to a spouse or dependent child (or court-appointed guardian thereof) of a Board employee enrolled in the Federal Employees Health Benefits Program, upon request, whether the employee has changed from a self-and-family to a self-only health benefits enrollment. w. To verify for an entity preparing to make a loan to an employee the individual's employment status and salary. x. To disclose information to officials of labor organizations recognized under applicable law when relevant and necessary to their duties of exclusive representation concerning personnel policies, practices, and matters affecting working conditions. [[Page 54324]] y. To disclose information to the Merit Systems Protection Board or the Office of Special Counsel in connection with appeals, special studies of the civil service and other merit systems, review of Office rules and regulations, investigation of alleged practices, and such other functions promulgated in 5 U.S.C. chapter 12, or as may be authorized by law. Disclosure to consumer reporting agencies: Not applicable. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Records are maintained in file folders, microfiche, and in computer processable storage media. Retrievability: Records are indexed by name, Social Security number, or identification number. Electronically maintained records may be sorted and retrieved by other variables, such as date of birth, division in which an employee works, or date of hire. Safeguards: Paper or microfiche records are located in locked metal file cabinets or in metal file cabinets in secured rooms with access limited to those whose official duties require it. Access to computerized records is limited, through use of access codes, to those whose official duties require it. In addition, access to computerized records can be tracked through an automatically-generated audit trail. Retention and disposal: The general employment records are retained indefinitely. An individual's benefits records are maintained until the death of the last surviving beneficiary. System manager(s) and address: Associate Director, Human Resources Function, Management Division, Board of Governors of the Federal Reserve System, 20th & Constitution, NW, Washington, DC 20551. Notification procedure: Inquiries should be sent to the Secretary of the Board, Board of Governors of the Federal Reserve System, 20th and Constitution Avenue, NW, Washington, DC 20551. The request should contain the individual's name, date of birth, Social Security number, identification number (if known), approximate date of record, and type of position. Record access procedures: Current Board employees who wish to gain access to or contest their records should contact the system manager, address above. Former Board employees should direct such a request in writing to the Secretary of the Board, Board of Governors of the Federal Reserve System, 20th and Constitution Avenue, NW, Washington, DC 20551. The request should contain the individual's name, date of birth, Social Security number, identification number (if known), approximate date of record, and type of position. Contesting record procedures: Same as ``Notification procedure'' above. Record source categories: Information in this system of records comes from the individual to whom it applies or is derived from the information the individual supplied, except information provided by Board officials. Information is also obtained from the following sources: OPM Personnel Management Records System; personnel records of other Government agencies; personnel records of Federal Reserve Banks; and official transcripts from schools when authorized by the employee. Systems exempted from certain provisions of the Act: Pursuant to subsections (k)(2) and (k)(5) of the Privacy Act and the Board's regulation relating thereto (12 CFR part 261a), certain portions of this system of records may be exempted from certain provisions of the Act where: (1) Such portions represent investigatory material compiled for law enforcement purposes, or (2) such portions represent investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Board employment to extent that disclosure of such portions would reveal the identity of a source who furnished information under a promise of confidentiality. By order of the Board of Governors of the Federal Reserve System, September 30, 1999. Jennifer J. Johnson, Secretary of the Board. [FR Doc. 99-25923 Filed 10-5-99; 8:45 am] BILLING CODE 6210-01-P