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[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

[[Page 8127]]

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]
BILLING CODE 6210-01-P
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