[Code of Federal Regulations]
[Title 12, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 12CFR261a.13]

[Page 718-719]
 
                       TITLE 12--BANKS AND BANKING
 
                   CHAPTER II--FEDERAL RESERVE SYSTEM
 
PART 261a--RULES REGARDING ACCESS TO PERSONAL INFORMATION UNDER THE PRIVACY ACT OF 1974--Table of Contents
 
                        Subpart D--Exempt Records
 
Sec. 261a.13  Exemptions.


    (a) Information compiled for civil action. Nothing in this 
regulation shall allow an individual access to any information compiled 
in reasonable anticipation of a civil action or proceeding.
    (b) Law enforcement information. Pursuant to section (k)(2) of the 
Privacy Act of 1974 (5 U.S.C. 552a(k)(2)), the Board has deemed it 
necessary to exempt certain designated systems of records maintained by 
the Board from the requirements of the Privacy Act concerning access to 
accountings of disclosures and to records, maintenance of only relevant 
and necessary information in files, and certain publication provisions, 
respectively, 5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4)(G), (H) and (I), 
and (f), and Secs. 261a.5, 261a.7 and 261a.8 of this part. Accordingly, 
the following designated systems of records are exempt from these 
provisions, but only to the extent that they contain investigatory 
materials compiled for law enforcement purposes:
    (1) BGFRS-1  Recruiting and Placement Records.
    (2) BGFRS-2 Personnel Background Investigation Reports.
    (3) BGFRS-4  General Personnel Records.
    (4) BGFRS-5  EEO Discrimination Complaint File.
    (5) BGFRS-9  Consultant and Staff Associate File.
    (6) BGFRS-18  Consumer Complaint Information System.
    (7) BGFRS-21  Supervisory Tracking and Reference System.
    (8) BGFRS/OIG-1  OIG Investigatory Records.
    (9) BGFRS-31 Protective Information System.
    (10) BGFRS--32 Visitor Log.
    (c) Confidential references. Pursuant to section (k)(5) of the 
Privacy Act of 1974 (5 U.S.C. 552a(k)(5)), the Board has deemed it 
necessary to exempt certain designated systems of records maintained by 
the Board from the requirements of the Privacy Act concerning access to 
accountings of disclosures and to records, maintenance of only relevant 
and necessary information in files, and certain publication provisions, 
respectively 5 U.S.C. 552a(c)b(3),

[[Page 719]]

(d), (e)(1), (e)(4)(G), (H) and (I), and (f), and Secs. 261a.5, 261a.7 
and 261a.8 of this part. Accordingly, the following systems of records 
are exempt from these provisions, but only to the extent that they 
contain investigatory material compiled to determine an individual's 
suitability, eligibility, and qualifications for Board employment or 
access to classified information, and the disclosure of such material 
would reveal the identity of a source who furnished information to the 
Board under a promise of confidentiality.
    (1) BGFRS-1  Recruiting and Placement Records.
    (2) BGFRS-2  Personnel Background Investigation Reports.
    (3) BGFRS-4  General Personnel Records.
    (4) BGFRS-9  Consultant and Staff Associate File.
    (5) BGFRS-10  General File on Board Members.
    (6) BGFRS-11  Official General Files.
    (7) BGFRS-13  General File of Examiners and Assistant Examiners at 
Federal Reserve Banks.
    (8) BGFRS-14  General File of Federal Reserve Bank and Branch 
Directors.
    (9) BGFRS-15  General Files of Federal Reserve Agents, Alternates 
and Representatives at Federal Reserve Banks.
    (10) BGFRS/OIG-2  OIG Personnel Records.
    (11) BGFRS-25 Multi-rater Feedback Records.
    (d) Criminal law enforcement information. Pursuant to 5 U.S.C. 
552a(j)(2), the Board has determined that portions of the OIG 
Investigatory Records (BGFRS/OIG-1) shall be exempt from any part of the 
Privacy Act (5 U.S.C. 552a), except the provisions regarding disclosure, 
the requirement to keep an accounting, certain publication requirements, 
certain requirements regarding the proper maintenance of systems of 
records, and the criminal penalties for violation of the Privacy Act, 
respectively, 5 U.S.C. 552a (b), (c)(1), and (2), (e)(4) (A) through 
(F), (e)(6), (e)(7), (e)(9), (e)(10), (e)(11) and (i). This designated 
system of records is maintained by the OIG, a Board component that 
performs as its principal function an activity pertaining to the 
enforcement of criminal laws. The exempt portions of the records consist 
of:
    (1) Information compiled for the purpose of identifying individual 
criminal offenders and alleged offenders;
    (2) Information compiled for the purpose of a criminal 
investigation, including reports of informants and investigators, and 
associated with an identifiable individual; or
    (3) Reports identifiable to an individual compiled at any stage of 
the process of enforcement of the criminal laws from arrest or 
indictment through release from supervision.

[60 FR 3341, Jan. 17, 1995, as amended at 65 FR 34392, May 30, 2000; 66 
FR 19718, Apr. 17, 2001; 66 FR 20863, Apr. 25, 2001; 67 FR 44526, July 
3, 2002]