[Federal Register Volume 68, Number 246 (Tuesday, December 23, 2003)]
[Notices]
[Pages 74237-74241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31510]


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FEDERAL RESERVE SYSTEM

[Docket No. OP-1177]


Privacy Act of 1974; Notice of Amendment of System of Records

AGENCY: Board of Governors of the Federal Reserve System.

ACTION: Notice; amendment of systems of records.

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[[Page 74238]]

SUMMARY: In accordance with the Privacy Act, the Board of Governors of 
the Federal Reserve System (Board) is amending three systems of 
records, entitled Payroll and Leave (BGFRS-7), Biographical File of 
Federal Reserve Bank Officers (BGFRS-12), and Federal Reserve System 
Bank Supervision Staff Qualifications (BGFRS-13) to include new routine 
uses, as well as reflect changes in the format and maintenance of some 
records. We invite public comment on this publication.

DATES: Comment must be received on or before January 22, 2004.

ADDRESSES: Comments should refer to Docket No. OP-1177, and should 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. However, because paper mail in the Washington 
area and at the Board of Governors is subject to delay, please consider 
submitting your comments by e-mail to [email protected], 
or faxing them to the Office of the Secretary at 202/452-3819 or 202/
452-3102. Members of the public may inspect comments in Room MP-500 of 
the Martin Building between 9 a.m. and 5 p.m. on weekdays pursuant to 
Sec.  261.12, except as provided in Sec.  261.14, of the Board's Rules 
Regarding Availability of Information, 12 CFR 261.12 and 261.14.

FOR FURTHER INFORMATION CONTACT: Elaine M. Boutilier, Managing Senior 
Counsel, (202/452-2418), Legal Division. For the hearing impaired only, 
contact Telecommunications Device for the Deaf (TDD) (202-263-4869).

SUPPLEMENTARY INFORMATION: Neither of the systems for Payroll and Leave 
and Biographical Files of Federal Reserve Officers had been updated for 
several years. The current revisions to these two systems reflect 
changes in records retained and the increasing use of electronic 
storage of Board records. In addition, the system managers have been 
changed to reflect an internal reorganization at the Board.
    The system of records on Federal Reserve System Bank Supervision 
Staff Qualifications has been revised to reflect the inclusion of Board 
employees as well as Federal Reserve Bank employees in the files, and 
the use of electronic data bases to record the qualifications and 
assignments of the employees.
    All three systems of records were reviewed for their routine uses 
and appropriate amendments to those routine uses have been made.
    In accordance with 5 U.S.C. 552a(r), a report of these amended 
systems of records is being filed with the President of the Senate, the 
Speaker of the House of Representatives, and the Director of the Office 
of Management and Budget. These amendments will become effective on 
February 16, 2004, without further notice, unless the Board publishes a 
notice to the contrary in the Federal Register.
    Accordingly, the systems of records entitled Payroll and Leave 
(BGFRS-7), Biographical File of Federal Reserve Bank Officer Personnel 
(BGFRS-12), and Federal Reserve System Bank Supervision Staff 
Qualifications (BGFRS-13).
BGFRS-7

System name:
    Payroll and Leave.

Security classification:
    None.

System location:
    Board of Governors of the Federal Reserve System, 20th and 
Constitution, NW., Washington, DC 20551. Some information is 
electronically stored off-site on behalf of the Board by a contractor.

Categories of individuals covered by the system:
    Past and present employees and members of the Board.

Categories of records in the system:
    Payroll records, including pay statements; requests for deductions; 
tax and social security withholdings; Board retirement deductions; 
voluntary withholdings for the Board's Thrift Plan or FERS, savings 
bonds, CFC, and insurance; tax forms; W-2 forms; overtime requests; 
leave data; and worker's compensation data. Leave records, including 
compensatory time, and codes indicating reasons for taking leave, such 
as family illness, or military leave.

Authority for maintenance of the system:
    Section 11 of the Federal Reserve Act (12 U.S.C. 248(i) and 
248(l)).

Purpose(s):
    These records are used by the Board for payroll, attendance, leave, 
insurance, tax, retirement, budget, and cost accounting programs, and 
to facilitate compliance with statutory requirements.

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 for the following 
purposes.
    a. By the National Archives and Records Administration in 
connection with records management inspections and its role as 
Archivist.
    b. To disclose to contractors, agents, or volunteers performing or 
working on a contract, service, cooperative agreement, or job for the 
Board.
    c. To disclose information to Federal, State, local, and 
professional licensing boards, Board of Medical Examiners, or to the 
Federation of State Medical Boards or a similar non-government entity 
which maintains records concerning individuals' employment histories or 
concerning the issuance, retention or revocation of licenses, 
certifications or registration necessary to practice an occupation, 
profession or specialty, in order to obtain information relevant to a 
Board decision concerning the hiring, retention or termination of an 
employee or to inform a Federal agency or licensing boards or the 
appropriate non-government entities about the health care practices of 
a terminated, resigned or retired health care employee whose 
professional health care activity so significantly failed to conform to 
generally accepted standards of professional medical practice as to 
raise reasonable concern for the health and safety of patients in the 
private sector or from another Federal agency.
    d. 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.
    e. 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.
    f. To disclose to a Federal agency 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, issuing a security 
clearance, conducting a security or suitability investigation of an 
individual, classifying positions, letting a contract, or issuing a 
license, grant, or other benefit by the requesting agency or Federal 
Reserve Bank, or the lawful statutory, administrative, or

[[Page 74239]]

investigative purpose of the agency to the extent that the information 
is relevant and necessary to the requesting agency's or Federal Reserve 
Bank's decision.
    g. 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.
    h. 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 or United States is 
a party to the judicial or administrative proceeding.
    i. 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.
    j. 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.
    k. To disclose information to the Equal Employment Opportunity 
Commission when requested in connection with investigations of alleged 
or possible discrimination practices in the Federal sector, examination 
of Federal affirmative employment programs, or other functions vested 
in the Commission.
    l. 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 or possible prohibited 
personnel practices, and such other functions, e.g., as prescribed in 5 
U.S.C. chapter 12, or as may be authorized by law.
    m. 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.
    n. To provide information to a Federal agency, in response to its 
request, in connection with the hiring or retention of an employee, the 
letting of a contract, or issuance of a license, grant, or other 
benefit by the requesting agency to the extent that the information is 
relevant and necessary to the requesting agency's decision on that 
matter.
    o. To provide information to the Office of Child Support 
Enforcement, Administration for Children and Families, Department of 
Health and Human Services Federal for the purposes of locating 
individuals to establish paternity, establishing and modifying orders 
of child support, identifying sources of income, and for other child 
support enforcement actions as required by the Personal Responsibility 
and Work Opportunity Reconciliation Act (Welfare Reform Law, Pub. L. 
104-193).
    p. To appropriate Federal and State agencies to provide required 
reports including data on unemployment insurance.
    q. To the Social Security Administration to report FICA deductions.
    r. To charitable institutions to report contributions.
    s. To the Internal Revenue Service and to State, local, tribal and 
territorial governments for tax purposes.
    t. To the Office of Personnel Management in connection with 
programs administered by that office.
    u. To an employee, agent, contractor, or administrator of any 
Board, Federal Reserve System, or Federal government employee benefit 
or savings plan, any information necessary to carry out any function 
authorized under such plan, or to carry out the coordination or audit 
of a benefit or savings plan.
    v. 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.
    w. To a Federal agency for the purpose of collecting a debt owed 
the Federal government through administrative or salary offset or the 
offset of tax refunds
    x. To other Federal agencies conducting computer matching programs 
to help eliminate fraud and abuse and to detect unauthorized 
overpayments made to individuals.
    y. To the Department of Defense, National Oceanic and Atmospheric 
Administration, U.S. Public Health Service, Department of Veterans 
Affairs, and the U.S. Coast Guard needed to effect any adjustments in 
retired or retained pay required by the dual compensation provisions of 
5 U.S.C. 5532.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
    Storage. Electronic and paper files.
    Retrievability. Filed by name, Social Security number, and employee 
number.
    Safeguards. Access to and use of these records is limited to those 
persons whose official duties require such access. Personnel screening 
is employed to prevent unauthorized access. Electronic files are 
protected by passwords. Paper records are stored in cabinets and a 
safe.
    Retention and disposal: Various; minimum of one year from date of 
annual audit; maximum of indefinite.

System manager(s) and address:
    Associate Director, Human Resources Function, Management Division, 
Board of Governors of the Federal Reserve System, 20th and 
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 Street and Constitution 
Avenue, NW., Washington, DC 20551.

Record access procedures:
    Same as ``Notification procedure'' above.

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

Record source categories:
    Internal personnel forms, federal, state, and local tax forms, 
employee authorizations and directive forms, insurance forms, leave and 
overtime reports, federal and state garnishment forms.

Systems exempted from certain provisions of the Act:
    None.
BGFRS-12

System name:
    Biographical File of Federal Reserve Bank Officers.

Security Classification:
    None.

System location:
    Board of Governors of the Federal Reserve System, 20th and 
Constitution Ave., NW., Washington, DC 20551.

[[Page 74240]]

Categories of individuals covered by the system:
    Current and former Federal Reserve Bank officers.

Categories of records in the system:
    The system contains a variety of biographical information on the 
Reserve Bank officers, as well as personnel actions that occurred 
during that officer's employment by the Federal Reserve System. The 
biographical information includes System employment date; birth date; 
tenure; medical; education; gender; ethnicity; veteran status; past and 
present salaries, group levels, department, and position titles. 
Personnel actions include, but are not limited to: appointment, 
promotion, reassignment, transfer, demotion, awards, and separation.

Authority for maintenance of the system:
    Sections 11 and 21 of the Federal Reserve Act (12 U.S.C. 248 and 12 
U.S.C. 485).

Purpose(s):
    These records are collected and maintained to assist the Board in 
its role as supervisor of the Federal Reserve Banks.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Information in these 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, agents, or volunteers performing or 
working on a contract, service, cooperative agreement, or job for the 
Board.
    c. By Federal Reserve System officials for purposes of review in 
connection with appointments, transfers, promotion, function 
reassignments, adverse actions, reassignment to non-officer status, and 
determination of qualifications of an individual.
    d. To publish name, title and department/function data for the 
directory of officers of the Federal Reserve Banks.
    e. To provide reports to Congress, agencies, and the public on 
characteristics of the work force.
    f. As a data source for management information for production of 
summary descriptive statistics and analytical studies in support of the 
function for which the records are collected and maintained, or for 
related personnel management functions or man-power studies. May also 
be utilized to respond to general requests for information (without 
personal identification of individuals) under the Freedom of 
Information Act or to locate specific individuals for personnel 
research or other personnel management functions.
    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 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 or United States is 
a party to the judicial or administrative proceeding.
    i. 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.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
    Storage: Records are maintained in file folders, loose-leaf 
notebooks, and an electronic database.
    Retrievability: Electronic records are indexed by combination of 
name or identification number. Records in file folders and notebooks 
are maintained by Federal Reserve Districts.
    Safeguards: Records are maintained in lockable metal file cabinet 
or metal file cabinets in secured rooms with access limited to those 
whose official duties require access. Access to the electronic database 
is controlled through assignment of security clearances to appropriate 
personnel.
    Retention and disposal: Records are retained by the system manager 
until the officer separates from the Federal Reserve System, at which 
time they are sent to the Board's Records for permanent file, where 
they are maintained indefinitely.

System manager(s) and address:
    Director of Reserve Bank Operations and Payment Systems, Board of 
Governors of the Federal Reserve System, 20th and Constitution Ave, 
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 Street and Constitution 
Avenue, NW., Washington, DC 20551.

Record access procedures:
    Same as ``Notification procedure'' above.

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

Record source categories.
    Information in this system of records comes from either the 
individual to whom it applies, or data provided by Federal Reserve 
System officials and employees.

Systems exempted from certain provisions of the act:
    None.
BGFRS-13

System name:
    Federal Reserve System Bank Supervision Staff Qualifications.

Security classification:
    None.

System location:
    Board of Governors of the Federal Reserve System, 20th and 
Constitution Avenue, NW., Washington, DC 20551; and the twelve Federal 
Reserve Banks, located in Boston, MA; New York, NY; Philadelphia, PA; 
Cleveland, OH; Richmond, VA; Atlanta, GA; Chicago, IL; St. Louis, MO; 
Minneapolis, MN; Kansas City, MO; Dallas, TX; and San Francisco, CA.

Categories of individuals covered by the system:
    Past and present bank supervision staff employed by the Federal 
Reserve System, who are located at the Board of Governors and the 
twelve Federal Reserve Banks. Bank supervision staff includes bank 
examiners and selected supervision staff in the Federal Reserve System.

Categories of records in the system:
    This system of records contains information relating to the skills, 
qualifications, training, and experience of bank supervision staff. It 
also contains information regarding past and present assignments and 
current availability of individual bank supervision staff employees.

Authority for maintenance of the system:
    Section 11 of the Federal Reserve Act, (12 U.S.C. 248(a) and 
248(l)).

Purpose(s):
    These records are collected and maintained to assist the Board in 
performing its statutory duty to examine state member banks, bank 
holding companies, financial holding companies

[[Page 74241]]

and affiliates of such institutions. The information is used to assist 
in career development of examiners and other bank supervision staff. 
The information also aids the Board and the Reserve Banks in selecting 
qualified bank supervision staff for particular assignments.

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 Federal Reserve Banks, contractors, 
or agents in connection with work performed on behalf of the Board.
    b. To disclose information to the National Archives and Records 
Administration in connection with records management inspections and 
its role as Archivist.
    c. To disclose pertinent information to the appropriate federal, 
state, or local agency responsible for investigation, prosecuting, 
enforcing, or implementing a statute, rule, regulation, or order, where 
the Board becomes aware of an indication of a violation or potential 
violation of civil or criminal law or regulation.
    d. To disclose to a Federal Reserve Bank or a federal agency in the 
executive, legislative, or judicial branch of government, in response 
to its request, 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, or the lawful statutory, administrative, or investigative 
purpose of the Federal Reserve Bank or agency to the extent that the 
information is relevant or necessary to the requesting Federal Reserve 
Bank's or agency's decision or action.
    e. To provide information to a congressional office from the record 
of an individual in response to an inquiry from that congressional 
office made at the request of that individual.
    f. 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.
    g. To disclose information to another federal agency, to a court, 
or to a party in litigation before a court or in an administrative 
proceeding being conducted by a federal agency when the Board or 
Federal government is a party to the judicial or administrative 
proceeding.
    h. To disclose to an authorized appeal grievance examiner, formal 
complaints examiner, administrative judge, equal employment opportunity 
investigator, arbitrator, mediator or other duly authorized official 
engaged in investigation, administrative resolution or settlement of a 
grievance, complaint or appeal filed by an employee.
    i. To disclose information to officials of state or local bar 
associations or disciplinary boards or committees when they are 
investigating complaints against attorneys in connection with their 
representation of a party before the Board, Equal Employment 
Opportunity Commission, or a court.

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 and in 
electronic media.
    Retrievability: These records are retrievable by the name of and/or 
a unique assigned identification number for the individual on whom they 
are maintained.
    Safeguards: Access to, and use of, these records is limited to 
those persons whose official duties require such access.
    Retention and disposal: Records regarding training are removed from 
the active file when the employee leaves the Federal Reserve System and 
deleted five years later. Records in other parts of this system are 
currently under review to determine the appropriate retention period 
and will be retained until the appropriate retention period has been 
established.

System manager(s) and address:
    Director, Division of Banking Supervision and Regulation, and 
Director, Consumer and Community Affairs, Board of Governors of the 
Federal Reserve System, 20th and 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:
    The records come from the individual to whom the record pertains, 
and personnel and training records regarding the individual that are 
maintained by the Board and Federal Reserve Banks.

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, December 17, 2003.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. 03-31510 Filed 12-22-03; 8:45 am]
BILLING CODE 6210-01-P