Notice2022-12034
Privacy Act of 1974; System of Records
Primary source
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Published
June 6, 2022
Effective
July 6, 2022
Issuing agencies
Federal Reserve System
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 108 (Monday, June 6, 2022)</title>
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[Federal Register Volume 87, Number 108 (Monday, June 6, 2022)]
[Notices]
[Pages 34269-34271]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
<bullet> Agency Website: <a href="https://www.federalreserve.gov">https://www.federalreserve.gov</a>. Follow the
instructions for submitting comments at <a href="https://www.federalreserve.gov/apps/foia/proposedregs.aspx">https://www.federalreserve.gov/apps/foia/proposedregs.aspx</a>.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#c9bbacaebae7aaa6a4a4aca7bdba89afacadacbba8a5bbacbaacbbbface7aea6bf"><span class="__cf_email__" data-cfemail="3a485f5d4914595557575f544e497a5c5f5e5f485b56485f495f484c5f145d554c">[email protected]</span></a>. Include SORN name
and number in the subject line of the message.
<bullet> Fax: (202) 452-3819 or (202) 452-3102.
<bullet> 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 <a href="https://www.federalreserve.gov/apps/foia/proposedregs.aspx">https://www.federalreserve.gov/apps/foia/proposedregs.aspx</a> 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 <a href="/cdn-cgi/l/email-protection#7115100718155f135f19040213101f15311703135f161e07"><span class="__cf_email__" data-cfemail="2a4e4b5c434e044804425f59484b444e6a4c5848044d455c">[email protected]</span></a>; 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 <a href="/cdn-cgi/l/email-protection#e99a818c808588c78a85889b82a98f9b8bc78e869f"><span class="__cf_email__" data-cfemail="d5a6bdb0bcb9b4fbb6b9b4a7be95b3a7b7fbb2baa3">[email protected]</span></a>.
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 <a href="https://www.federalreserve.gov/files/SORN-page-general-routine-uses-of-board-systems-of-records.pdf">https://www.federalreserve.gov/files/SORN-page-general-routine-uses-of-board-systems-of-records.pdf</a> 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: <a href="https://foia.federalreserve.gov/">https://foia.federalreserve.gov/</a>.
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]
BILLING CODE P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.