[Federal Register Volume 65, Number 134 (Wednesday, July 12, 2000)]
[Notices]
[Pages 43012-43019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17519]


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FEDERAL RESERVE SYSTEM

[Docket No. R-1076]


Privacy Act of 1974; Publication of Notice of Systems of Records 
and Amendment of Existing Systems of Records

AGENCY: Board of Governors of the Federal Reserve System.

ACTION: Notice; publication of four new systems of records and the 
amendment of one system of records.

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SUMMARY: In accordance with the Privacy Act, the Board of Governors of 
the Federal Reserve System (Board) is publishing notice of four new 
systems of records, entitled: ``Travel Records'' (BGFRS-8), ``Employee 
Relations Records'' (BGFRS-26), ``Performance Management Program 
Records'' (BGFRS-27), and ``Employee Assistance

[[Page 43013]]

Program Records'' (BGFRS-28), as well as amendments to ``Disciplinary 
and Adverse Action Records'' (BGFRS-6). We invite public comment on 
this notice.

DATES: The new systems of records and amendments to the existing 
systems of records will become effective without further notice, on 
August 21, 2000, unless comments dictate otherwise.

ADDRESSES: Comments, which should refer to Docket No. R-1076, 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 or mailed electronically to 
[email protected]. 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. weekdays and to the security control room outside of those 
hours. The mail room and the security control room are accessible from 
the Eccles Building courtyard entrance, located on 20th Street between 
Constitution Avenue and C Street, NW. Comments may be inspected in Room 
MP-500 between 9 a.m. and 5 p.m.

FOR FURTHER INFORMATION CONTACT: Elaine M. Boutilier, Managing Senior 
Counsel, Legal Division (202/452-2418), or Chris Fields, Manager, Human 
Resources Function, Management Division (202/452-3654), Board of 
Governors of the Federal Reserve System, 20th Street and Constitution 
Avenue, NW., Washington, DC 20551. For users of the Telecommunications 
Device for the Deaf (TDD) only, contact Janice Simms at 202/452-4984.

SUPPLEMENTARY INFORMATION: The establishment of the new systems of 
records and amendments to one existing system of records results from a 
review of the Board's information practices conducted in accordance 
with the President's May 14, 1998, memorandum on privacy and 
information in federal records.
    Unlike most Federal government agencies whose personnel files are 
maintained by the Office of Personnel Management (OPM), the Board 
maintains its own personnel-related files because the Board has 
independent statutory authority to hire staff and set the salary and 
benefit terms for its staff. Accordingly, the personnel-related files 
of Board employees are not contained in the government-wide systems of 
records published by OPM. Nevertheless, the Board's personnel-related 
files are used in much the same manner as those 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 used in OPM's government-wide systems of 
records.

New Systems of Records

    The Travel Records contain the information used by the Board's 
Finance Function to monitor official Board travel and make appropriate 
reimbursements. It also includes limited records related to the 
Government Travel Card, but most of the credit card records are 
maintained by the General Services Administration. Notice of these 
government-wide records appears in GSA/Govt-3, entitled ``Travel Charge 
Card Program.''
    The system of records for Performance Management Program (PMP) 
reports contains the reports and any supporting or related 
documentation on the reports. While the system manager for these 
records is the Associate Director of the Human Resources Function of 
the Management Division, many of the records are maintained in the 
various divisions of the Board.
    The Employee Relations records concern work-related issues that 
have been discussed with the employee relations specialists in the 
Human Resources Function of the Management Division.
    The Employee Assistance Program (``EAP'') Records are maintained 
off Board premises in the office of the counselor who administers the 
EAP pursuant to a contract with the Board.

Revised System of Records

    The revisions to the Disciplinary and Adverse Action Records update 
the descriptions of the records maintained and add several routine uses 
that are based on the routine uses used by OPM for the equivalent 
government-wide system of records. Furthermore, the retention period is 
revised to comply with the General Records Schedule.
    In accordance with 5 U.S.C. 552a(r), a report of these actions 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.
BGFRS-6

System name:
    FRB--Disciplinary and Adverse Action Records.

Security classification:
    None.

System location:
    Board of Governors of the Federal Reserve System, 20th and 
Constitution, N.W., Washington, D.C. 20551.

Categories of individuals covered by the system:
    Current and former Board employees (including special employees), 
and annuitants who are involved in a disciplinary or adverse action.

Categories of records in the system:
    This system contains records and documents on the processing of 
adverse actions and disciplinary actions. The records include, as 
appropriate, copies of the notice of proposed action, materials relied 
on by the Board to support the reasons in the notice, replies by the 
employee, statements of witnesses, hearing notices, record of hearings, 
reports, appeals and related documents, and Board decisions. This 
system may also contain records related to the Career Transition 
Program.

Authority for maintenance of the system:
    Sections 10(4) and 11(l) 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 
administering its personnel functions, and to maintain a record of 
proceedings in a disciplinary or adverse action.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    The information in the records may be used:
    a. To disclose information to any source from which additional 
information is requested for processing any of the covered actions or 
in regard to any appeal or administrative review procedure, to the 
extent necessary to identify the individual, inform the source of the 
purpose(s) of the request and identify the type of information 
requested.
    b. 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.
    c. 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

[[Page 43014]]

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.
    d. 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.
    e. 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.
    f. 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.
    g. By the National Archives and Records Administration in 
connection with records management inspections and its role as 
Archivist.
    h. To disclose information to the Equal Employment Opportunity 
Commission when requested in connection with investigations or other 
functions vested in the Commission.
    i. To disclose information to the Merit Systems Protection Board in 
connection with appeals filed by preference-eligible employees.
    j. To disclose information in connection with the investigation and 
resolution of allegations of unfair labor practices before the Federal 
Reserve Board Labor Relations Panel when requested.
    k. 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.
    l. To locate individuals for personnel research or survey response 
and in producing summary descriptive statistics and analytical studies 
to support the function for which the records are collected and 
maintained, or for related work force studies. While published 
statistics and studies do not contain individual identifiers, in some 
instances the selection of elements of data included in the study may 
be structured in such a way as to make the data individually 
identifiable by inference.
    m. To provide an official of another Federal agency information he 
or she needs to know in the performance of his or her official duties 
or reconciling or reconstructing data files, in support of the 
functions for which the records were collected and maintained.
    n. To disclose information to the Department of Labor, Department 
of Veterans Administration, Social Security Administration, or any 
other Federal 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 compensations agencies), when necessary to 
adjudicate a claim under the retirement, insurance, unemployment, or 
health benefits programs of the Board or an agency, or to conduct an 
analytical study or audit of benefits being paid under such programs.
    o. To disclose to contractors, grantees or volunteers performing or 
working on a contract, service, grant, cooperative agreement, or job 
for the Board, when necessary to performance.

Disclosure to consumer reporting agencies:
    Not applicable.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    These records are maintained in file folders, binders, index cards, 
magnetic tape and disk.

Retrievability:
    These records are indexed by the names of the individuals on whom 
they are maintained.

Safeguards:
    Access to and use of these records are limited to those persons 
whose official duties require such access. Personnel screening is 
employed to prevent unauthorized disclosure.

Retention and disposal:
    Records are maintained for seven years after the case is closed.

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. Individuals 
receiving notice of a proposed adverse action must be provided access 
to all documents supporting the notice. At any time thereafter, 
individuals subject to the action will be provided access to the 
complete record.

Record access procedures:
    Individuals against whom disciplinary or adverse actions are taken 
must be provided access to the record. However, after the action has 
been closed, an individual may request access to the official file by 
contacting 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:
    Review of requests from individuals seeking amendment of their 
records that have or could have been the subject of a judicial, quasi-
judicial, or administrative action will be limited in scope. Review of 
amendment requests of these records will be restricted to determining 
if the record accurately documents that action of the Board, and will 
not include a review of the merits of the action, determination, or 
finding.
    Individuals wishing to request amendment of their records to 
correct factual errors should contact 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

[[Page 43015]]

known), approximate date of record, and type of position.

Record source categories:
    Individual to whom the record pertains; Board officials; affidavits 
or statements from employees; testimonies of witnesses; official 
documents relating to an action, appeal, grievance, or complaints; and 
correspondence from specific organizations or persons.

Systems exempted from certain provisions of the act:
    None.
BGFRS-8

System name:
    Travel Records.

Security classification:
    None.

System location:
    Board of Governors of the Federal Reserve System, 20th and 
Constitution, NW., Washington, DC 20551. A commercial credit card 
contractor maintains information on employee use of the government 
travel credit card.

Categories of individuals covered by the system:
    Current and former Board employees.

Categories of records in the system:
    Travel Authorization forms and supporting documentation; Travel 
Expense Statements and supporting documentation; applications for the 
government travel card; periodic reports from the commercial credit 
card contractor regarding use of the government travel cards; records 
regarding Board reimbursement of travel expenses; and records regarding 
reservations for transportation and lodging made by the Board's Travel 
Desk.

Authority for maintenance of the system:
    Sections 10(4) and 11(l) of the Federal Reserve Act (12 U.S.C. 244 
and 248(l)).

Purpose(s):
    To provide a travel management process that covers official travel 
for the Board and provides for tracking and appropriate reimbursement 
of expenses incurred in such travel.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    The information in the records may be used:
    a. By the National Archives and Records Administration in 
connection with records management inspections and its role as 
Archivist.
    b. To disclose to contractors, grantees or volunteers performing or 
working on a contract, service, grant, cooperative agreement, or job 
for the Board, where necessary for performance.
    c. 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.
    d. 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.
    e. 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.
    f. To disclose information to the Equal Employment Opportunity 
Commission when requested in connection with investigations or other 
functions vested in the Commission.
    g. To disclose information to the Merit Systems Protection Board in 
connection with appeals filed by preference-eligible employees.
    h. To disclose information in connection with the investigation and 
resolution of allegations of unfair labor practices before the Federal 
Reserve Board Labor Relations Panel when requested.
    i. 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.
    j. 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.

Disclosure to consumer reporting agencies:
    Disclosures may be made from this system to consumer reporting 
agencies as defined in the Fair Credit Reporting Act (15 U.S.C. 
1681a(f)) regarding the use of the government travel card.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records are maintained in file folders and in computer processable 
storage media.

Retrievabililty:
    Records are indexed by name or trip number.

Safeguards:
    Current and previous year's paper records are stored in the central 
lundia file system with access limited to those whose official duties 
require it. Records three years and older are stored in cardboard files 
in secured rooms. Access to computerized records is limited, through 
use of access codes, to those whose official duties require it.

Retention and disposal:
    Records are destroyed six years after reimbursement is made unless 
the claim is subject to litigation, in which case the records are 
destroyed when 10 years old.

System manager(s) and address:
    Associate Director, Finance 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:
    Same as ``Notification procedure'' above.

Contesting record procedures:
    Same as ``Notification procedure'' above.

[[Page 43016]]

Record source categories:
    Information provided by the employee, information from Travel 
Authorizations, reports from the credit card contractor, information 
from the Finance Function of the Management Division regarding 
reimbursement; and information from the Travel Desk regarding 
reservations.

Systems exempted from certain provisions of the act:
    None.
BGFRS-26

System name:
    FRB--Employee Relations 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 Board employees (including special employees) 
with work-related issues that have involved the employee relations 
specialists in the Human Resources Function of the Management Division.

Categories of records in the system:
    This system of records contains written communications and related 
documents involved in adjusting work-related problems. Such documents 
may include copies of records included in other systems of records, 
including Performance Management Program (PMP) reports and related 
documentation; records of disciplinary actions; and records related to 
the Board's Drug-Free Workplace Plan. This system also includes records 
related to the Career Transition Program.

Authority for maintenance of the system:
    Sections 10(4) and 11(l) 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 
administering its personnel functions, and to assist employees in 
resolving work-related issues.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    The information in the records may be used:
    a. 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.
    b. 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.
    c. 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.
    d. 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.
    e. 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.
    f. By the National Archives and Records Administration in 
connection with records management inspections and its role as 
Archivist.
    g. To disclose information to the Equal Employment Opportunity 
Commission when requested in connection with investigations or other 
functions vested in the Commission.
    h. To disclose information to the Merit Systems Protection Board in 
connection with appeals filed by preference-eligible employees.
    j. To disclose information in connection with the investigation and 
resolution of allegations of unfair labor practices before the Federal 
Reserve Board Labor Relations Panel when requested.
    k. 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.
    l. 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.
    m. To disclose to contractors, grantees or volunteers performing or 
working on a contract, service, grant, cooperative agreement, or job 
for the Board, when necessary to the performance.

Disclosure to consumer reporting agencies:
    Not applicable.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    These records are maintained in file folders in lockable cabinets.

Retrievability:
    These records are indexed by the names of the individuals on whom 
they are maintained.

Safeguards:
    Access to and use of these records are limited to those persons 
whose official duties require such access.

Retention and disposal:
    Records are destroyed three years after termination of counseling.

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.

[[Page 43017]]

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:
    Same as ``Notification procedure'' above.

Contesting record procedures:
    Same as ``Notification procedure'' above.

Record source categories:
    Individual to whom the record pertains; the individual's managers, 
supervisors and officers; employees and officers in the Human Resources 
Function of the Management Division.

Systems exempted from certain provisions of the act:
    None.
BGFRS-27

System name:
    FRB--Performance Management Program Records.

Security classification:
    None.

System location:
    Board of Governors of the Federal Reserve System, 20th and 
Constitution, NW., Washington, DC 20551. Final Performance Management 
Program (PMP) reports are maintained by the Human Resources Function of 
the Management Division. Supporting documentation for the reports is 
maintained in the Division where the employee works or worked.

Categories of individuals covered by the system:
    Current and former Board employees.

Categories of records in the system:
    Completed PMP reports, attachments, and supporting documentation; 
submissions and written suggestions by the subject employee; records of 
PMP objective-setting sessions.

Authority for maintenance of the system:
    Sections 10(4) and 11(l) 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 
administering its personnel functions.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    The information in the records may be used:
    a. To consider and select employees for incentive awards, merit 
increases and performance awards, or other pay bonuses, and other 
honors and to publicize those granted.
    b. 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.
    c. 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.
    d. 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.
    e. 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.
    f. 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.
    g. By the National Archives and Records Administration in 
connection with records management inspections and its role as 
Archivist.
    h. To disclose information to the Equal Employment Opportunity 
Commission when requested in connection with investigations or other 
functions vested in the Commission.
    i. To disclose information to the Merit Systems Protection Board in 
connection with appeals filed by preference-eligible employees.
    j. To disclose information in connection with the investigation and 
resolution of allegations of unfair labor practices before the Federal 
Reserve Board Labor Relations Panel when requested.
    k. 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.
    l. To locate individuals for personnel research or survey response 
and in producing summary descriptive statistics and analytical studies 
to support the function for which the records are collected and 
maintained, or for related work force studies. While published 
statistics and studies do not contain individual identifiers, in some 
instances the selection of elements of data included in the study may 
be structured in such a way as to make the data individually 
identifiable by inference.
    m. To disclose to contractors, grantees or volunteers performing or 
working on a contract, service, grant, cooperative agreement, or job 
for the Board.

Disclosure to consumer reporting agencies:
    Not applicable.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    These records are maintained in file folders in lockable cabinets.

Retrievability:
    These records are indexed by the names of the individuals on whom 
they are maintained.

[[Page 43018]]

Safeguards:
    Access to and use of these records are limited to those persons 
whose official duties require such access.

Retention and disposal:
    Retain for 10 years from the year of the rating, then destroy.

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:
    Same as ``Notification procedure'' above.

Contesting record procedures:
    Same as ``Notification procedure'' above.

Record source categories:
    Individual to whom the record pertains, and the individual's 
manager(s).

Systems exempted from certain provisions of the act:
    None.
BGFRS-28

System name:
    FRB-Employee Assistance Program Records.

Security classification:
    None.

System location:
    Board of Governors of the Federal Reserve System, 20th and 
Constitution, NW., Washington, DC 20551. The files are under the 
control of the Board, but are maintained by an outside consultant 
pursuant to a contract with the Board.

Categories of individuals covered by the system:
    Current and former employees, and their spouses and dependent 
children, who have consulted with, or been referred to, the Employee 
Assistance Counselor.

Categories of records in the system:
    Case files developed for each client seen by a counselor. These 
files may contain notes of each contact between the client and 
counselor, the counselor's assessment, the kind of services being 
provided (including referrals), and follow-up information on the 
outcome of the consultation.

Authority for maintenance of the system:
    Executive Order 12564 and 12 U.S.C. 244 and 248(l).

Purpose(s):
    These records are collected and maintained to assist the Board in 
providing a safe and healthy working environment, and to comply with 
E.O. 12564.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    With the exception of Routine Use ``f,'' none of the other Routine 
Uses are applicable to records relating to drug testing under Executive 
Order 12564. Further, such records shall be disclosed only to a very 
limited number of officials within the Board, generally only to the 
Medical Review Officer, the administrator of the Employee Assistance 
Program, and the management official empowered to recommend or take 
adverse action affecting the individual.
    In other cases, the information in these records may be used:
    a. To disclose information to a new employee assistance contractor 
following a contract transition for the services.
    b. To provide the necessary information to family members, and to 
the appropriate law enforcement, security services, or child protective 
services, where there is a reason to suspect abuse or neglect of 
children or other vulnerable persons, where the individual using the 
EAP services poses a serious threat to the health or safety of another 
individual, or where the individual using EAP services presents a clear 
and present danger to the safety and security of the community or 
workplace.
    c. To provide the information necessary to warn another individual 
whose health or safety has been seriously threatened by the individual 
using the EAP services.
    d. To provide the necessary information to a family member or 
guardian, and/or appropriate law enforcement or health authority, where 
the individual using EAP services says or does something that seriously 
threatens his or her own health or safety.
    e. To disclose the results of a drug test of a Board employee 
pursuant to an order of a court of competent jurisdiction where 
required by the U.S. Government to defend against any challenge against 
any adverse personnel action.

Disclosure to consumer reporting agencies:
    Not applicable.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    All records are kept in locked files.

Retrievability:
    Records are maintained by the name of the individual and the case 
number assigned to that individual.

Safeguards:
    Only staff of the Employee Assistance Program have access to the 
files, which are maintained on the premises of the contractor hired to 
administer the program.

Retention and disposal:
    Records are maintained for three years, then destroyed.

System manager(s) and address:
    Employee Assistance Program Administrator, Board of Governors of 
the Federal Reserve System, 20th and Constitution Avenue, 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:
    Same as ``Notification procedure'' above, but see the special 
procedures set forth in the Board's Rules Regarding Access to and 
Review of Personal Information Under the Privacy Act, 12 CFR 261a.7.

Contesting record procedures:
    Same as ``Notification procedure'' above.

Record source categories:
    The individual to whom the record pertains; the EAP counselor; an

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employee's physical or mental health care provider or counselor; 
medical institutions; the contractor administering the Drug-Free 
Workplace Plan; Federal Reserve System personnel records.

Systems exempted from certain provisions of the act:
    None.

    By order of the Board of Governors of the Federal Reserve 
System, acting through the Secretary of the Board under delegated 
authority, July 6, 2000.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. 00-17519 Filed 7-11-00; 8:45 am]
BILLING CODE 6210-01-P