[Federal Register Volume 85, Number 245 (Monday, December 21, 2020)]
[Notices]
[Pages 83084-83086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27990]


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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-23, ``FRB--Freedom of Information Act and Privacy Act Case 
Tracking and Reporting System.'' The system, which the Board is 
proposing to rename as BGFRS-23, ``FRB--Freedom of Information Act and 
Privacy Act Case Automation System,'' contains tracking, reporting, and 
processing information for Freedom of Information Act (FOIA) and 
Privacy Act requests.

DATES: Comments must be received on or before January 20, 2021. This 
modified system of records will become effective January 20, 2021, 
without further notice, unless comments dictate otherwise.

[[Page 83085]]

    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 Automation 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 
personally identifiable information. Public comments may also be viewed 
electronically or in paper 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.

SUPPLEMENTARY INFORMATION: The Board is modifying this system of 
records to reflect the adoption of a cloud-based solution to automate 
the processing of FOIA and Privacy Act requests that also provides for 
the interoperability between the new National FOIA Portal and agency 
FOIA platforms consistent with federal mandates. Currently, the records 
in the system are stored on premises. The new system will improve the 
processing of requests as it not only allows Board staff, including 
staff responding to requests for records maintained for the Federal 
Open Market Committee (FOMC), to track requests but also allows staff 
to conduct business processes electronically within the system such as 
the transmittal of acknowledgment letters. The new system will also 
allow staff to store the responses and responsive documents within the 
system. Records will be stored both on the Board's premises and in the 
cloud solution managed by the vendor. The Board is also amending BGFRS-
23 to reflect that, in connection with the processing of Privacy Act 
requests, the Board will also collect citizenship status, an additional 
category of record. In addition, because the records implicate the 
interests of entities other than federal agencies, the Board is also 
modifying an existing system-specific routine use to allow the Board 
also to share the information with state agencies and other entities 
that have a substantial interest in the determination of the request or 
may be appropriate for staff to consult with on the propriety of access 
to a record.
    Accordingly, the Board is amending the system to reflect changes in 
the history section, the categories of records, the system manager to 
identify the responsible parties, the system location to update the 
physical location of the underlying records, and the policies and 
practices for retention and disposal of records to address physical 
paper records. The Board is also renaming the system name to account 
for the revised scope of records stored in the system.

SYSTEM NAME AND NUMBER:
    BGFRS-23, ``FRB--Freedom of Information Act and Privacy Act Case 
Automation 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 and AINS, 806 W 
Diamond Ave, Gaithersburg, MD 20878.

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:
    The records are collected and maintained in connection with the 
execution of Freedom of Information Act and Privacy Act 
responsibilities including the processing of FOIA and Privacy Act 
requests.

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 Board staff 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.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records in this system contain contact information on requesters 
and the attorneys/representatives of the requestors, including names, 
organizations, affiliations, addresses, email addresses, facsimile 
numbers, and telephone numbers. Privacy Act requests may include 
citizenship status. Records may also include the date the request was 
made, a description of the information requested, the staff assigned to 
process the request or appeal, the user name and password (for online 
requesters), financial information, fee information, employment 
records, medical records, legal documents (e.g., enforcement records), 
investigatory documents, education records, documents that contain 
information about individuals that are required to fulfill the request, 
and communications (e.g., emails and letters) to and from the 
requester, and documents that are responsive to the FOIA or Privacy Act 
request. The system may also include voluntarily submitted information, 
which staff have not requested, including but not limited to an 
individual's social security number and bank account or mortgage loan 
numbers. Board staff compile statistical and administrative data on the 
requests processed for reporting purposes, including annual FOIA 
reports 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 agencies referring requests for access to 
records that originated from the Board (including those maintained for 
the FOMC), and

[[Page 83086]]

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. A federal or state government agency, foreign government, 
institution, firm, or organization having a substantial interest in the 
determination of the request or for the purpose of consulting with that 
entity 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. Requests 
submitted in paper form are scanned as electronic records and the paper 
copies of the request are disposed in accordance with applicable 
procedures.

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 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 84 FR 
71421 (December 27, 2019) and 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. 2020-27990 Filed 12-18-20; 8:45 am]
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