[Federal Register Volume 84, Number 248 (Friday, December 27, 2019)]
[Notices]
[Pages 71421-71423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27866]


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FEDERAL RESERVE SYSTEM


Privacy Act of 1974; Notice of a New 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-23, ``FRB--Freedom of Information Act and Privacy Act Case 
Tracking and Reporting System.'' BGFRS-23 permits Board staff to track 
Freedom of Information Act (FOIA) and Privacy Act (PA) requests, input 
processing data, and produce reports.

DATES: Comments must be received on or before January 27, 2020. This 
modified system of records will become effective January 27, 2020, 
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-23 ``FRB--
Freedom of Information Act and Privacy Act Case Tracking System,'' by 
any of the following methods:
     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, unless modified for technical reasons, or to remove 
sensitive PII. Public comments may also be viewed electronically or in 
paper form in Room 146, 1709 New York Avenue NW, Washington, DC 20006 
between 9:00 a.m. and 5:00 p.m. on weekdays.

FOR FURTHER INFORMATION CONTACT: David B. Husband, 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. Telecommunications Device for the Deaf (TDD) 
users may contact (202) 263-4869.

SUPPLEMENTARY INFORMATION: BGFRS-23 allows staff to log and track the 
receipt and processing of FOIA or PA requests from individuals (i.e., 
``Requesters'') using data that is either received from the requester, 
his/her representative, or from another federal agency which is 
referring a request to the Board for disclosure of records that 
originated from the Board. The system also contains data automatically 
generated by the system about the request (e.g., record number). Board 
staff use the system to record the status of the request, relevant 
deadlines, other key

[[Page 71422]]

events or data (such as the date of the response to the request), and 
any related administrative appeals.
    The Board is amending the system to update the system manager, 
clarify the category of individuals covered by the system, update the 
description of the categories of records in the system, and note that 
records are no longer stored in paper form but solely in electronic 
form. In addition, the Board is amending the applicable routine uses. 
The Board is adding its General Routine Use D (permitting disclosure to 
the Department of Justice, a court, an adjudicative body or 
administrative tribunal, or a party in litigation), and General Routine 
Use G (permitting disclosure to contractors, agents, or others). At the 
request of the Office of Government Information Services (OGIS) the 
Board is also adding a new system-specific routine use to allow OGIS to 
fulfill its mediation responsibilities. The Board is also modifying the 
existing system-specific routine use for disclosure to other agencies 
for the purpose of access or amendment of responsive request. The 
modification clarifies that the Board will only share information under 
this routine use with the other agency when that agency has a 
substantial interest in the determination of the request or for the 
purpose of consulting with that agency regarding the propriety of 
access to the record in order to complete the processing of the 
request.
    The Board is also making technical changes to BGFRS-23 consistent 
with the template laid out in OMB Circular No. A-108. Accordingly, the 
Board has made 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 has also created the following 
new fields: ``Security Classification'' and ``History''.

SYSTEM NAME AND NUMBER:
    BGFRS-23, ``FRB--Freedom of Information Act and Privacy Act Case 
Tracking and Reporting System.''

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    The Board maintains the records at the Board's central office, 
located at: Board of Governors of the Federal Reserve System, 20th 
Street and Constitution Avenue NW, Washington, DC 20551.

SYSTEM MANAGER(S):
    Candace Ambrose, Manager, Information Disclosure Section, Office of 
the Secretary, Board of Governors of the Federal Reserve System, 20th 
Street and Constitution Avenue NW, Washington, DC 20551, 202-452-2407, 
or [email protected].

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Freedom of Information Act (5 U.S.C. 552), the Privacy Act of 1974 
(5 U.S.C. 552a), and 12 CFR 261 and 261a.

PURPOSE(S) OF THE SYSTEM:
    These records are collected and maintained to process requests made 
under the provisions of the Freedom of Information Act (FOIA) and 
Privacy Act and to assist the Board in carrying its responsibilities 
related to the FOIA and Privacy Act.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individual requesters who submit requests and administrative 
appeals pursuant to the provisions of the FOIA or Privacy Act; 
individual requesters whose FOIA or Privacy Act requests, appeals, or 
other records, have been referred to the Board by other agencies; 
attorneys or other persons who are authorized to represent individuals 
submitting requests and appeals; and individuals who are the subject of 
FOIA requests or appeals submitted by a third-party.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records in this system contain contact information on requesters 
and the attorneys/representatives of the requestors, including names, 
addresses, email addresses, fax numbers, and telephone numbers. Records 
may also include the date the request was made, a description of the 
information requested, and the staff assigned to process the request or 
appeal. The system may also include voluntarily submitted information, 
which the Board has not requested, such as, but not limited to, the 
individual's social security number and bank account or mortgage loan 
numbers. The Board also compiles statistical and administrative data on 
the requests it processes for reporting purposes, including the Board's 
annual FOIA report to the Department of Justice, submitted in 
accordance with 5 U.S.C. 552(e).

RECORD SOURCE CATEGORIES:
    Information is provided by the individual making the request or 
their representative, or by other agencies which are referring requests 
for access to records that originated from the Board, and Board staff 
engaged in processing or making determinations on the requests.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    General routine uses C, D, G, 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 FR 43872 at 43873-74 
(August 28, 2018). In addition, records may also be disclosed to:
    1. Another Federal Government agency having a substantial interest 
in the determination of the request or for the purpose of consulting 
with that agency as to the propriety of access to the record in order 
to complete the processing of the request;
    2. The National Archives and Records Administration, Office of 
Government Information Services (OGIS), to the extent necessary to 
fulfill its responsibilities in 5 U.S.C. 552(h), to review 
administrative agency policies, procedures and compliance with the FOIA 
and to facilitate OGIS' offering of mediation services to resolve 
disputes between persons making FOIA requests and administrative 
agencies; and
    3. The news media and the public, unless it is determined that 
release of specific information in the context of a particular case 
would constitute an unwarranted invasion of personal privacy.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Electronic records are stored on a secure server.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records can be retrieved by the name of the requester, tracking 
number assigned to the request, subject matter of the request, or any 
other field of information that is collected.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The Board retains the records for the designated retention period, 
which ranges from six years after final agency action or three years 
after final adjudication by the courts, whichever is later, but longer 
retention is authorized if required for business use.

[[Page 71423]]

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    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 it 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 through 
the Board's FOIA ``Electronic Request Form'' located here: https://www.federalreserve.gov/secure/forms/efoiaform.aspx.

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:
    No exemptions are claimed for this system.

HISTORY:
    This SORN was previously published in the Federal Register at 73 FR 
24984 at 25002 (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 Misback,
Secretary of the Board.
[FR Doc. 2019-27866 Filed 12-26-19; 8:45 am]
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