Notice2023-13092
Privacy Act of 1974; System of Records
Primary source
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Published
June 21, 2023
Effective
July 21, 2023
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 establish a new system of records, entitled BGFRS- 45, ``FRB--Debt Collection Records.'' BGFRS-45 includes records concerning debts owed to the Board or to the United States (including but not limited to restitution collectible by the United States) that arise out of the Board's operations or other activities, and records concerning the Board's efforts to collect these debts. The Board will create, collect, and maintain these records to support its debt collection efforts, and to facilitate compliance with statutory and regulatory requirements.
Full Text
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<title>Federal Register, Volume 88 Issue 118 (Wednesday, June 21, 2023)</title>
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[Federal Register Volume 88, Number 118 (Wednesday, June 21, 2023)]
[Notices]
[Pages 40268-40270]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13092]
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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 new 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 establish a new system of records, entitled BGFRS-
45, ``FRB--Debt Collection Records.'' BGFRS-45 includes records
concerning debts owed to the Board or to the United States (including
but not limited to restitution collectible by the United States) that
arise out of the Board's operations or other activities, and records
concerning the Board's efforts to collect these debts. The Board will
create, collect, and maintain these records to support its debt
collection efforts, and to facilitate compliance with statutory and
regulatory requirements.
DATES: Comments must be received on or before July 21, 2023. This new
system of records will become effective July 21, 2023, 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-45 ``FRB--Debt
Collection Records,'' 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#73011614005d101c1e1e161d0700331516171601121f011600160105165d141c05"><span class="__cf_email__" data-cfemail="32405755411c515d5f5f575c4641725457565740535e405741574044571c555d44">[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.
In general, all public comments will be made available on the
Board's website at <a href="http://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm">www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm</a> as submitted, and will not be modified to remove
confidential, contact or any identifiable information. Public comments
may also be viewed electronically or in paper 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#0d696c7b6469236f2365787e6f6c63694d6b7f6f236a627b"><span class="__cf_email__" data-cfemail="d0b4b1a6b9b4feb2feb8a5a3b2b1beb490b6a2b2feb7bfa6">[email protected]</span></a>; 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: In 2019, the Board adopted regulations
providing for the collection of debts owing to the United States
arising out of the Board's operations or its enforcement and other
regulatory activities. See 84 FR 15502 (April 16, 2019) and codified at
12 CFR part 267, ``Procedures for Debt Collection.'' Prior to the
adoption of these regulations, the Board's debt collection processes
focused on salary offset from current Board employees and were
addressed via the Board's payroll processes. Building upon this
adoption of new procedures and after reviewing the Board's existing
debt collection processes, the Board has determined to expand its
collection processes beyond current employees, to include persons
indebted either to the Board or the United States (including but not
limited to restitution or
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disgorgement debts collectible by the United States) in connection with
the Board's operations or activities. The Board is therefore proposing
to establish a new system of records for the maintenance and operation
of the Board's expanded debt collection activities.
SYSTEM NAME AND NUMBER:
BGFRS-45, ``FRB--Debt Collection Records''.
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):
Cynthia Francis, Senior Manager--Accounting, Division of Financial
Management, (202) 452-2386, or <a href="/cdn-cgi/l/email-protection#7d1e04130915141c5315531b0f1c131e140e3d1b0f1f531a120b"><span class="__cf_email__" data-cfemail="e4879d8a908c8d85ca8cca8296858a878d97a4829686ca838b92">[email protected]</span></a> and Joshua
Chadwick, Senior Special Counsel--Enforcement and Litigation, Legal
Division, (202) 263-4835, or <a href="/cdn-cgi/l/email-protection#1f75706c776a7e316f317c777e7b68767c745f796d7d31787069"><span class="__cf_email__" data-cfemail="c1abaeb2a9b4a0efb1efa2a9a0a5b6a8a2aa81a7b3a3efa6aeb7">[email protected]</span></a>. Both managers
are located at the Board of Governors of the Federal Reserve System,
20th Street and Constitution Avenue NW, Washington, DC 20551.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Sections 10 and 11 of the Federal Reserve Act (12 U.S.C. 244 and
248), 12 CFR part 267, Federal Debt Collection Improvement Act, 5
U.S.C. 5514, 31 U.S.C. 3711-3720D, and Executive Order 9397.
PURPOSE(S) OF THE SYSTEM:
The Board maintains these records for debt collection purposes to
reduce the debts owed to the Board arising out of its operations and
activities, to protect the programmatic and financial integrity of the
Board's operations and activities, and to facilitate compliance with
regulatory and statutory requirements.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Persons indebted to the Board or the United States (including but
not limited to restitution or disgorgement debts collectible by the
United States) in connection with the Board's operations or activities.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records documenting the basis for the person's debts; the amount of
the debt, payments on the debt (potentially including associated
banking information), and accruals on the person's debts; and internal
and external correspondence concerning the person's debts. Sensitive
personally identifying information in the system could include debtors'
Social Security or tax identification numbers, dates of birth, bank
account information, tax records, financial information, educational
records, insurance records, payroll records, and pension records.
RECORD SOURCE CATEGORIES:
Information is provided by other Board components whose activities
are connected to the debt, the Board's payroll department, debtors,
third parties holding information about debtors, materials produced in
litigation, public records and databases compiling information from
such records, and the U.S. Treasury Department or other Federal
agencies.
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, H, 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:
1. to disclose information to the U.S. Social Security
Administration to report wages paid and FICA or other tax deductions;
2. to disclose information to the U.S. Internal Revenue Service and
to state, local, tribal, and territorial governments for tax purposes;
3. to disclose information to the U.S. Office of Personnel
Management in connection with programs administered by that office;
4. to disclose information to an employee, agent, contractor, or
administrator of any Federal Reserve System, or Federal Government
employee benefit or savings plan, any information necessary to carry
out any function authorized under such plan, or to carry out the
coordination or audit of such plan;
5. to disclose information to a Federal agency, Federal court, or a
debtor's obligor for the purpose of collecting a debt owed to the
Federal Government (including restitution collectible by the United
States) through administrative or salary offset or the offset of tax
refunds or other Federal payments, or by other legally authorized
means;
6. to disclose relevant information to other Federal agencies
conducting computer matching programs to eliminate fraud and abuse and
to detect unauthorized overpayments made to individuals.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Paper records in this system 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 maintained can be retrieved by name.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records relating to a debt will be retained for at least six years
after final payment of the debt.
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 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 and 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
[[Page 40270]]
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:
None.
HISTORY:
None.
Board of Governors of the Federal Reserve System.
Michele Taylor Fennell,
Deputy Secretary of the Board.
[FR Doc. 2023-13092 Filed 6-20-23; 8:45 am]
BILLING CODE P
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</html>Indexed from Federal Register on June 21, 2023.
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.