[Federal Register Volume 87, Number 108 (Monday, June 6, 2022)]
[Notices]
[Pages 34269-34271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12034]


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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-5, ``FRB--EEO Discrimination Complaint File.'' BGFRS-5 includes 
documents relating to Equal Employment Opportunity (EEO) complaints and 
the subsequent decisions or determinations made by the Board affecting 
individuals under the Board's EEO regulations and procedures.

DATES: Comments must be received on or before July 6, 2022. This new 
system of records will become effective July 6, 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-5 ``FRB--EEO 
Discrimination Complaint File,'' 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 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 to 
reflect general updates to the system. Specifically, the Board is 
updating the system manager, the purpose of the system, the category of 
individuals in the system, the policies and practices for retention and 
disposal of records, and the administrative and technical safeguards. 
Accordingly, the Board is providing contact information for the system 
manager and is amending the purpose of the system to further identify 
the various equal employment opportunity statutes with which the Board 
strives to comply. The Board is adding contractors to the ``Category of 
Individuals'' section to reflect that contractor's complaints may be 
stored in the system even if dismissed procedurally and is amending the 
``Policies and Practices for Retention and Disposal of Records'' 
section to reflect differences in the retention schedules between the 
informal and formal complaint process. In addition, the Board is 
updating this system of records to provide additional detail about the 
controls and other safeguards in place for records in the 
``Administrative, Technical, and Physical Safeguards'' section. 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-5 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-5 ``FRB--EEO Discrimination Complaint File.''

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Board of Governors of the Federal Reserve System, 20th Street and 
Constitution Avenue NW, Washington, DC 20551.

SYSTEM MANAGER(S):
    Sheila Clark, Program Director--Office of Diversity and Inclusion 
(OD&I), Management Division, Board of Governors of the Federal Reserve 
System, 20th Street and Constitution Avenue NW, Washington, DC 20551, 
(202) 452-2883, 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 
carrying out its responsibilities under the Title VII of the Civil 
Rights Act of

[[Page 34270]]

1964, the Rehabilitation Act of 1973, the Age in Discrimination in 
Employment Act of 1967, the Equal Pay Act of 1963, the Genetic 
Information and Nondiscrimination Act of 2008, and other 
nondiscrimination statutes.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Applicants for Board employment, and past and present Board 
employees who have filed a complaint of discrimination or appealed a 
determination made by an official of the Board relating to equal 
employment opportunity. Past and present contractors who file a 
complaint may also be covered by this system.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Documents relating to a complaint, and the decision or 
determination made by the Board affecting an individual under the 
Board's EEO regulations and procedures. The records consist of the 
initial complaint or appeal letters or notices to the individual, 
record of hearings when conducted, materials placed into the record to 
support the decision or determination, affidavits or statements, 
testimonies of witnesses, investigative reports, instructions to the 
Board and/or individual about action to be taken to comply with 
decisions, and related correspondence, opinions and recommendations.

RECORD SOURCE CATEGORIES:
    Information is provided by the individual to whom the record 
pertains, Board employees, testimonies of witnesses, official documents 
relating to the appeal, grievance, or complaints, and correspondence 
from organizations or persons.

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, 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). Records may also be used to 
disclose information to management as a data source 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 manpower studies and may also 
be utilized to respond to investigative or legal requests for 
statistical information (without personal identification of 
individuals).

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Paper records are stored in locked file cabinets with access 
limited to staff with a need to know. Electronic records are stored on 
a secure server with access limited to staff with a need to know.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records can be retrieved by the individual's name.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records generated in the informal complaint process should be 
destroyed 3 years after resolution of case and 7 years after resolution 
of a cases in the formal complaint process.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Paper records are secured by lock and key and 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 
filling out the required information 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:
    Certain portions of this system of records may be exempt from 5 
U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f) of the 
Privacy Act pursuant to 5 U.S.C. 552a(k)(2).

HISTORY:
    This SORN was previously published in the Federal Register at 73 FR 
24984 at 24991 (May 6, 2008). The SORN was also amended to incorporate 
two new routine uses required by OMB at 83 FR 43872 (August 28, 2018).


[[Page 34271]]


    Board of Governors of the Federal Reserve System.
Ann E. Misback,
Secretary of the Board.
[FR Doc. 2022-12034 Filed 6-3-22; 8:45 am]
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