[Federal Register Volume 87, Number 186 (Tuesday, September 27, 2022)]
[Notices]
[Pages 58499-58502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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]]

     Agency website: https://www.federalreserve.gov. Follow the 
instructions for submitting comments at https://www.federalreserve.gov/apps/foia/proposedregs.aspx.
     Email: [email protected]. Include SORN name 
and number in the subject line of the message.
     Fax: (202) 452-3819 or (202) 452-3102.
     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 https://www.federalreserve.gov/apps/foia/proposedregs.aspx 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 [email protected], 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 [email protected].

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 https://www.federalreserve.gov/files/SORN-page-general-routine-uses-of-board-systems-of-records.pdf 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: https://foia.federalreserve.gov/.

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]
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