[Federal Register Volume 90, Number 15 (Friday, January 24, 2025)]
[Notices]
[Pages 8124-8127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01685]
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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/OIG-1, ``FRB--OIG Investigative Records.'' These records are
collected and maintained by the Office of Inspector General (OIG) in
support of its inquiries, investigations, and reports relating to the
programs and operations of the Board and the Consumer Financial
Protection Bureau and to manage its investigations.
DATES: Comments must be received on or before February 24, 2025. This
modified system of records will become effective February 24, 2025,
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).
[[Page 8125]]
ADDRESSES: You may submit comments, identified by BGFRS/OIG-1 ``FRB--
OIG Investigative Records'', by any of the following methods:
Agency Website: https://www.federalreserve.gov/apps/proposals/. Follow the instructions for submitting comments, including
attachments. Preferred Method.
Mail: Ann E. Misback, Secretary, Board of Governors of the
Federal Reserve System, 20th Street and Constitution Avenue NW,
Washington, DC 20551.
Hand Delivery/Courier: Same as mailing address.
Other Means: [email protected]. You must include the
docket number in the subject line of the message.
Comments received are subject to public disclosure. In general,
comments received will be made available on the Board's website at
https://www.federalreserve.gov/apps/proposals/ without change and will
not be modified to remove personal or business information including
confidential, contact, or other identifying information. Comments
should not include any information such as confidential information
that would be not appropriate for public disclosure. Public comments
may also be viewed electronically or in person in Room M-4365A, 2001 C
St. NW, Washington, DC 20551, between 9 a.m. and 5 p.m. during Federal
business weekdays.
FOR FURTHER INFORMATION CONTACT: Matthew C. Glover, Senior Counsel,
(202) 736-1994 or [email protected]; Legal Division, Board of
Governors of the Federal Reserve System, 20th Street and Constitution
Avenue NW, Washington, DC 20551. For users of telephone systems via
text telephone (TTY) or any TTY-based Telecommunications Relay
Services, please call 711 from any telephone, anywhere in the United
States.
SUPPLEMENTARY INFORMATION: The Board is amending BGFRS/OIG-1 to reflect
changes that have occurred since the system was last amended in 2008.
These changes include the Dodd-Frank Wall Street Reform and Consumer
Protection Act's (Pub. L. 111-203) creation of the Consumer Financial
Protection Board (CFPB) and amendment of Sec. 8G(c) of the Inspector
General Act of 1978 to make the Inspector General responsible for
oversight of the Board and the CFPB's programs and operations.
Accordingly, the Board is amending the purpose of the system, the
categories of individuals, and the record source categories to add the
CFPB. The Board is also taking this opportunity to revise the category
of individuals to clarify that the OIG collects information about the
individuals to determine if they have been or are engaging in civil,
criminal, or administrative wrongdoing or have information regarding
such wrongdoing. In addition, the Board is adding ``contractors'' to
the records source categories.
Further, in another change since 2008, to facilitate the OIG's
voluntary compliance with certain provisions of Executive Order (E.O.)
14074, Advancing Effective, Accountable Policing and Criminal Justice
Practices to Enhance Public Trust and Public Safety, issued on May 25,
2022, the Board is updating the categories of records to include video
and audio recordings that may be captured by OIG criminal investigators
wearing body cameras during investigative operations. The Board is also
updating the system location to indicate the storage of the video and
audio recordings by a vendor, updating the system manager, and amending
the authority for the system to include E.O. 14074 as additional
authority. Moreover, the Board is modifying the category of records to
refer to ``investigative case files'' rather than ``individual
investigations'' as that better reflects the OIG's investigative
records.
The Board is also updating the access controls to reflect system
management changes. In addition, the Board is revising the retention of
the records to provide that files related to significant investigations
will be retained permanently while files related to all other
investigations will continue to be retained for ten years after cut-
off.
Further, the Board is revising system-specific Routine Use 1,
deleting the existing system-specific Routine Use 2, and renumbering
system-specific Routine Use 3 to be Routine Use 2. The Board is
deleting the current Routine Use 2 as disclosures contemplated under
that use will now be incorporated into revised Routine Use 1. The Board
is also revising system-specific Routine Use 1 regarding the audit or
review of the OIG's investigatory program by outside entities or
persons to permit the release of individually identifiable information.
The Board is making this change because, for the audit or review to be
effective, the OIG needs to be able to share identifiable information
as necessary for the audit or review. In its current form, the Routine
Use 1 limits disclosure to information that is not individually
identifiable information; however, release of information that is not
individually identifiable is not a disclosure of Privacy Act
information and therefore the Board is revising Routine Use 1 to remove
this language. Finally, the revision to system-specific Routine Use 1
also accounts for the technical amendments to the Inspector General Act
of 1978, which replaced the Executive Council on Integrity and
Efficiency and the President's Council on Integrity and Efficiency with
the Council of the Inspectors General on Integrity and Efficiency.
In order to permit information sharing contemplated under E.O.
14074, the Board is amending the system to add a new routine use, which
will be Routine Use 3. The new routine use will permit the OIG to
disclose information to federal, state, or local agencies maintaining
civil, criminal, or other relevant investigative information for
purposes of data collection on OIG law enforcement activities. This
proposed routine use will allow the OIG to share information with
various government-wide databases, such as the FBI National Use-of-
Force Data Database, to enhance public trust and public safety.
The Board is also making technical changes to BGFRS/OIG-1
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 is adding the
following new fields: ``Security Classification'' and ``History.'' The
Board is also adding a link to its general routine uses.
SYSTEM NAME AND NUMBER:
BGFRS/OIG-1, ``FRB--OIG Investigative Records''.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Office of Inspector General (OIG) for the Board of Governors of the
Federal Reserve System (Board) and the Consumer Financial Protection
Bureau (CFPB), 1850 I Street NW, Washington, DC 20006; Axon Enterprise,
Inc. 17800 N 85th Street, Scottsdale, AZ 85255.
SYSTEM MANAGER(S):
Stephen Carroll, Associate Inspector General for Investigations,
(202) 973-5018 or [email protected]; Office of Inspector
General (OIG), Board of Governors of the Federal Reserve
[[Page 8126]]
System and Consumer Financial Protection Bureau, 1850 I Street NW,
Washington, DC 20006.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Sections 4 and 6 of the Inspector General Act of 1978 (5 U.S.C. 404
and 406) and Executive Order 14074.
PURPOSE(S) OF THE SYSTEM:
These records are collected and maintained by the OIG in its
inquiries, investigations, and reports relating to the administration
of the Board's and the CFPB's programs and operations and to manage its
investigations.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Officers or employees of the Board, the CFPB, or other persons
related to an investigation by the OIG in order to determine whether
such officers, employees, or other persons have been or are engaging in
civil, criminal, or administrative wrongdoing or have information
regarding such wrongdoing, relating to the Board's or the CFPB's
programs or operations, and complainants and witnesses when necessary
for future retrieval.
CATEGORIES OF RECORDS IN THE SYSTEM:
Investigative case files, including investigative reports and
related records generated or gathered during the course of or
subsequent to an investigation; electronic and hard-copy case-tracking
systems; databases and applications containing investigatory
information, including ``Hotline'' information and investigator work-
papers; video and audio recordings, and other information of a personal
nature provided or obtained in connection with an investigation; and
memoranda and letter referrals to management or others.
RECORD SOURCE CATEGORIES:
Information is provided by the individual to whom the record
pertains; employees or contractors of the Board, the CFPB, and the
Federal Reserve System; other government employees; witnesses and
informants; and nongovernmental sources.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
General routine uses A, B, C, D, E, 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:
1. information to other federal entities, such as other federal
OIGs or the U.S. Government Accountability Office; or to members of the
Council of Inspectors General on Integrity and Efficiency (CIGIE),
officials and administrative staff authorized by CIGIE to conduct or
participate in assessment reviews or to a private party with which the
OIG, the Board, or the CFPB has contracted for the purpose of auditing,
reviewing, or conducting qualitative assessment reviews of the
performance or internal safeguards and management of the OIG's
investigatory program, provided that the entity acknowledges in writing
that it is required to maintain Privacy Act safeguards for the
information;
2. information to any source, including a federal, state, or local
agency maintaining civil, criminal, or other relevant enforcement
information or other pertinent information, but only to the extent
necessary for the OIG to obtain information relevant to an OIG
investigation; and
3. information to a federal, state, or local agency maintaining
civil, criminal, or other relevant investigative information for
purposes of data collection on OIG law enforcement activities.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Paper records in this system are stored in file folders with access
limited to staff with a need to know. Electronic records are stored on
secure servers or FedRAMP-certified cloud based systems.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records can be retrieved by numerous identifiers, including the
name of the individual under investigation, the criminal investigator,
the investigation number, the referral number, or the investigative
subject matter.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Files related to significant investigations are cut off when the
investigation is closed and permanently retained. Files related to all
other investigations are cut off when the investigation is closed and
destroyed ten years after cut-off.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Paper records are secured by lock and key and electronic files are
stored on secure servers or FedRAMP-certified cloud based systems. 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 or CFPB 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.
Current or former Board or CFPB employees making a Privacy Act
request for records maintained by the Office of Inspector General may
submit their request to the--Inspector General, 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
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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:
This system is exempt from any part of the Privacy Act, 5 U.S.C.
552a, except 5 U.S.C. 552a(b), (c)(1) and (2), (e)(4)(A) through (F),
(e)(6), (7), (9), (10), and (11), and (i) pursuant to 5 U.S.C.
552a(j)(2). Additionally, 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) and
(k)(5).
HISTORY:
This system was previously published in the Federal Register at 73
FR 24984 at 25012 (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.
Benjamin W. McDonough,
Deputy Secretary of the Board.
[FR Doc. 2025-01685 Filed 1-23-25; 8:45 am]
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