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Program for Security of FOMC Information

As reaffirmed effective January 26, 2021

I. INTRODUCTION. Controlled (FR)” and “Class II FOMC – Re-


stricted (FR)”—apply to very sensitive FOMC
The Program for Security of FOMC Infor- information. Class I FOMC information must
mation (“the Program”) describes what confi- be handled at least as securely as material clas-
dential FOMC information is, how it is classi- sified by the Federal Reserve Board as “Re-
fied, who has access to it, how it should be han- stricted Controlled (FR).” Access to Class II
dled, and who is responsible for ensuring that information is somewhat less restrictive than
it is protected. Everyone with access to confi- access to Class I. It must be treated at least as
dential FOMC information is required to re- securely as material classified by the Federal
view and abide by the rules described below. Reserve Board as “Restricted (FR).” The clas-
These security procedures are not intended to sification “Class III FOMC – Internal (FR)”
preclude discussions within the Federal Re- applies to less sensitive information that still
serve of important FOMC-related issues, in- requires confidential treatment. It must be han-
cluding the general reasons for the Federal dled at least as securely as material classified
Open Market Committee’s (the “Committee”) by the Federal Reserve Board as “Internal
decisions. Such discussions may be conducted (FR).” (See Section VI below for handling re-
for research purposes or for preparing briefings quirements.)
and other information for Committee members, Information in these classifications must be
but care should be taken that all discussion par- kept confidential until it is released to the pub-
ticipants have the appropriate level of authori- lic by the Chair or by the Committee secretary
zation if confidential information is being pursuant to Committee instructions. All ques-
shared. tions related to the classification, distribution,
or handling of documents should be directed to
II. DEFINITION OF CONFIDENTIAL the FOMC Secretariat.
FOMC INFORMATION. A. “Class I FOMC – Restricted Controlled
(FR).”
Confidential FOMC information includes all This classification is generally applied to
privileged information that comes into the pos- information that includes policymaker input,
session of the Board members, Federal Reserve e.g., information related to monetary policy
Bank presidents, or Federal Reserve System decisions at meetings, nonpublic views ex-
staff in the performance of their duties for, or pressed by policymakers on likely future pol-
pursuant to the direction of, the Committee. icy, and identification of meeting partici-
Such information covers, but is not limited to, pants who express particular views. Class I
expressions of policy views at Committee information includes, but is not limited to:
meetings, reasons for those views, votes of the 1. Monetary Policy Alternatives
Committee, and staff forecasts. The infor- (“Tealbook B”).
mation that must be kept confidential may be 2. Minutes of Committee meetings, in-
in any form. It includes not only paper docu- cluding drafts.
ments, but also electronic messages and files, 3. Committee meeting recordings and
recordings, notes, oral briefings, and discus- transcripts.
sions relating to confidential FOMC matters. 4. Portions of Committee meeting par-
ticipants’ prepared remarks that include
III. CLASSIFICATION OF CONFIDEN- material from Class I documents such as
TIAL FOMC INFORMATION. Tealbook B and other monetary policy al-
ternatives under consideration.
There are three security classifications for 5. Submissions by, or on behalf of, pol-
confidential FOMC information. The first two icymakers in the Summary of Economic
classifications—“Class I FOMC – Restricted Projections process.

1
§ III Program for Security of FOMC Information

6. Special memoranda or reports is downgraded to Class III six months after


deemed particularly sensitive, including the relevant Committee meeting. Addition-
materials that might otherwise carry a ally, Tealbook B and monetary policy alter-
Class II designation (e.g., a report from the natives documents are downgraded from
manager containing information on sensi- Class I to Class II six months after the rele-
tive foreign exchange operations). vant Committee meeting, and from Class II
B. “Class II FOMC – Restricted (FR).” to Class III one year after the relevant meet-
This classification is generally applied to ing. The Chair’s designees may downgrade
Board staff forecasts prepared for the Com- Class I and Class II documents on an ad-hoc
mittee and to information about open market basis if the sensitivity of the information has
operations. Class II information includes, declined.
but is not limited to: E. The Chair may make ad-hoc excep-
1. Economic and Financial Condi- tions to this section that are either more or
tions: Outlook, Risks, and Policy Strate- less restrictive for particular documents be-
gies (“Tealbook A”), and Board staff pro- ing circulated or for other confidential
jections or assumptions relating to interest FOMC information.
rates.
2. Reports of the manager on domestic IV. ACCESS TO CONFIDENTIAL FOMC
and foreign open market operations. INFORMATION WITHIN THE FEDERAL
3. Information on Desk operations RESERVE SYSTEM.
posted on confidential portions of the
“MarketSource” website of the Federal A. Access to confidential FOMC infor-
Reserve Bank of New York. mation, which includes Class I, Class II, and
4. Other materials on economic and fi- Class III information, requires eligibility, des-
nancial developments (including foreign), ignation, and maintenance.
special memoranda, tables, and charts less 1. Eligibility: Eligibility for access to
sensitive than those in Class I, including confidential FOMC information is in all
briefing materials containing Class II in- cases governed at the Board by the policy
formation that are produced and circulated
“Access to Federal Open Market Committee
within the Board or individual Federal Re-
and Confidential Supervisory Information”
serve Banks.
(Attachment 1: “Access Eligibility Policy for
C. “Class III FOMC – Internal (FR).”
Board Employees”) and at the Banks by the
This classification is generally applied to
less-sensitive background information pre- Federal Reserve Administration Manual
pared by Board staff to support policy dis- (FRAM) policy “Regulation on Granting El-
cussions and to less-sensitive information igibility for Access to FOMC information
about open market operations. Class III in- and CSI” (Attachment 2: “Access Eligibility
formation includes, but is not limited to: Policy for Bank Employees”). 1
1. Tealbook Data Sheets. 2. Designation: At each Federal Reserve
2. Committee meeting agendas. Bank, the president, or the research director
D. Security Classification Downgrading on the president’s behalf, is responsible for
of confidential FOMC Information. designating the individuals, who must meet
Confidential FOMC information loses its the eligibility requirements, to be given ac-
security classification when the Committee
releases it to the public. Class II information

1 The restricted country list, which is referred to the list was current as of January 2021; the U.S.
in the Board and Bank access eligibility policies, is Department of State maintains the list, which is
available in Attachment 3. The attached version of available through the link in Attachment 3.

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§ IV Program for Security of FOMC Information

cess to each class of confidential FOMC in- to eleven other Federal Reserve Bank in-
formation. At the Federal Reserve Bank se- dividuals as well as a limited number of
lected by the Committee to execute open office support staff.
market transactions (the “Selected Bank”), iii. Access to “Class III FOMC – In-
the manager of the System Open Market Ac- ternal (FR)” information is not limited to
count (“SOMA”) may also designate indi- a specific number of individuals.
viduals on behalf of the president. At the d. The lists of all persons, including of-
Board, that responsibility is assumed by the fice support staff, who are authorized to
Chair or the Chair’s designees and by Board have access to Class I, Class II, or Class III
members for their assistants. In order for an information are to be recorded electroni-
eligible person to be designated for access, cally.
the following requirements must be met: e. To facilitate the preparation of spe-
a. Need to know: Access to all confi- cial analyses and briefings within the Sys-
dential FOMC information requires a strict tem, eligible individuals may be granted
“need-to-know” for the information. ad-hoc access to Class I, Class II, or Class
b. Before being granted access, all eli- III information on a strict “need-to-know”
gible individuals must receive, review, and basis for a specific and limited period of
agree to abide by the rules for handling time. If an individual meets all the other
confidential FOMC information that are requirements of this section IV, such ad-
referred to in this document. hoc access may be granted by the president
c. Numerical limits: Access at Federal of a Federal Reserve Bank or a research di-
Reserve Banks other than the Selected rector on his/her behalf for Bank individu-
Bank (and the relevant area of the Federal als or by the Chair or the Chair’s designee
Reserve Bank that serves as the backup for Board individuals. The granting of
site for open market operations) is subject such access should be recorded electroni-
to the numerical limits noted below. In cally.
complying with these limits, Federal Re- 3. Maintenance: At each institution, ac-
serve Banks may designate different indi- cess to Class I, Class II, and Class III FOMC
viduals to have access to different docu- information should be reviewed carefully at
ments. For example, one slot could be least annually. In order to maintain access to
filled by designating an international econ- confidential FOMC information, the follow-
omist as having access to all special mem- ing conditions must be met:
oranda relating to foreign currency opera- a. Eligibility: Individuals must con-
tions, and a domestic economist as having tinue to be eligible for access to FOMC in-
access to other FOMC memoranda. formation. If an individual loses eligibility
i. Access to “Class I FOMC – Re- for access to confidential FOMC infor-
stricted Controlled (FR)” materials is re- mation, the FOMC Secretariat must be no-
stricted to the president and first vice tified promptly and access to all levels of
president and to seven other Federal Re- confidential FOMC information must be
serve Bank individuals as well as a lim- terminated promptly.
ited number of office support staff. b. Designation: Individuals with ac-
ii. Access to “Class II FOMC – Re- cess to confidential FOMC information
stricted (FR)” materials is restricted to must be re-designated for access annually
the president and first vice president and (see section IV.A.2 for the designation
process).

3
§ IV Program for Security of FOMC Information

c. Rules agreement: After initial agree- to seven other Federal Reserve Bank individu-
ment, individuals must annually receive, als. The Desk at the Selected Bank has access
review, and agree to abide by the rules for for four additional users at that Federal Reserve
handling confidential FOMC information Bank. The president of each Federal Reserve
that are referred to in this document. Bank may delegate to the research director the
d. Ethics: All employees 2 of a Federal responsibility for selecting users, monitoring
Reserve Bank or the Board must comply compliance with Portal guidelines, and com-
with the ethics policy of their employer, municating with the FOMC Secretariat when
which includes appropriate financial re- changes in usage or other issues occur. Access
porting. to the Portal for Board individuals is authorized
e. Training: All individuals with ac- by a designee of the Chair and monitored by the
cess to confidential FOMC information FOMC Secretariat.
must complete FOMC information secu- C. Individuals who are not employees may
rity training annually. not be given confidential FOMC information
f. Trading blackout: 3 All employees unless all the requirements of this section IV,
must comply with the financial trading including eligibility requirements, are met and
blackout policy (Attachment 4) when they a designee of the Chair gives prior approval.
have the type of information access de- D. The Chair may make ad-hoc exceptions
scribed in the policy. to this section that are either more or less re-
g. External communications: All indi- strictive for particular documents being circu-
viduals with access to confidential FOMC lated or for other confidential FOMC infor-
information must comply with the mation.
FOMC’s policies on external communica-
tions. 4 V. ACCESS TO CONFIDENTIAL FOMC
Enforcement of the conditions for maintain- INFORMATION OUTSIDE THE FEDERAL
ing access to confidential FOMC information RESERVE SYSTEM.
(section IV.3) is carried out by the appropriate
Bank for Bank individuals or by the Board for A. No confidential FOMC information may
Board individuals. be released except pursuant to Committee in-
structions or with written authorization from
B. In order to provide secure and rapid doc-
the Chair and, as appropriate, notification to the
ument delivery, access to selected confidential
Committee.
FOMC information is given electronically B. Confidential FOMC documents generally
through the FOMC Portal (“Portal”). Portal ac- are made available to the public after a lag of
cess is restricted at each Federal Reserve Bank about five years. Such availability is subject to
to the president and first vice president and up staff review (including consultation with the
Chair or the Committee where appropriate) for

2 “Employees” means an individual appointed (“Ethics—Voluntary Guide to Conduct for Senior


into Board service for at least 90 calendar days or Officials”).
an individual who performs services for, is on the 4 The Committee’s regulations concerning exter-

payroll of, and receives earnings reported on a nal communications are set forth in two documents,
Form W-2 from a Reserve Bank for a period ex- “FOMC Policy on External Communications of
pected to be at least 90 days. Committee Participants,” and “FOMC Policy on
3 This trading blackout is also included in the External Communications of Federal Reserve Sys-
Reserve Banks’ codes of conduct section 3.3 and in tem Staff,” both of which are available at
a substantially similar rule in the FRAM 2-026-1, https://www.federalreserve.gov/monetarypol-
icy/rules_authorizations.htm

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§V Program for Security of FOMC Information

the purpose of redacting any materials that are mation%20Classification%20and%20Han-


still deemed to be sensitive after five years. For dling%20Standard.pdf). As noted in Section
example, confidential information obtained III above, confidential FOMC information
from or about particular persons or businesses, must be treated at least as securely as infor-
foreign governments and central banks, and in- mation in the corresponding Federal Reserve
ternational institutions that is deemed sensitive Board category. The following requirements
after the five-year lag will be protected. In ad- are highlighted here:
dition, national security classified information A. In addition to ensuring that the materi-
that may be contained in FOMC documents re- als themselves are made available only to in-
mains confidential until it is declassified. The dividuals who have been given access to
principal objectives of the Committee’s policy them, the confidential FOMC information
of withholding sensitive information after the they contain should be discussed with such
five-year lag are to preserve the Committee’s individuals only.
ability to collect needed information, to allow B. Individuals who no longer have access
its representatives to participate in sensitive to confidential FOMC information, whether
discussions and report on them to the Commit- because of a job change within the Federal
tee, to avoid disclosures that would adversely Reserve, employment outside the Federal
affect U.S. international relations, and to com- Reserve, or retirement, must release custody
ply with the applicable laws governing the dis- of all confidential materials in their posses-
closure of confidential information. sion and remain subject to all the prohibi-
C. Pursuant to appropriate limits on disclo- tions relating to the disclosure of FOMC in-
sure, the Selected Bank may share transactional formation that is still confidential.
FOMC information with outside entities (such C. The distribution to the Committee of all
as counterparties, custodians, and financial documents, other than the manager’s reports,
market utilities) as necessary to ensure the ef- should be handled through the FOMC Secre-
fective and efficient implementation of the di- tariat.
rectives of the Committee. D. In addition, to facilitate the identifica-
D. The Chair may make ad-hoc exceptions tion of Class I and Class II FOMC infor-
to this section that are either more or less re- mation, the appropriate coversheet should be
strictive for particular documents or for other placed on all such documents that are to be
confidential information. circulated. (The Tealbook is distinctive in
appearance and meets this requirement with-
VI. HANDLING OF CONFIDENTIAL out an additional cover page.) The most up-
FOMC MATERIALS. to-date coversheets are available on the
FOMC Secretariat’s web site:
To assure the necessary confidentiality, it is (https://spweb.frb.gov/sites/ma/FOMC/).
important that special care be exercised in han-
dling FOMC materials. The minimum require- VII. ONGOING RESPONSIBILITY FOR
ments for handling confidential FOMC and MAINTAINING CONFIDENTIALITY.
Federal Reserve information are described in
the Federal Reserve Board’s “Information A. The president of each Federal Reserve
Classification and Handling Standard” docu- Bank is responsible for ensuring the confiden-
ment (copies of summary appendices of this tiality of FOMC information at that Federal Re-
document, labeled “Attachment 5,” are at- serve Bank and for the conduct and discretion
tached for convenience and are also available of that Federal Reserve Bank’s staff with re-
as pages 36–38 at: gard to the use of the information. The Chair
(https://spweb.frb.gov/sites/IT/Con- fulfills this role at the Board.
tent/Pages/FISMA/documents/Infor-

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§ VII
VI Program for Security of FOMC Information

B. In addition to meeting the requirements in VIII. COMMITTEE MEETING ATTEND-


section IV, institutions may implement further ANCE.
procedures in support of information security.
C. If any Committee participant or Federal A. Except by approval of the Committee, at-
Reserve System individual becomes aware of tendance at Committee meetings, including
an incident in which FOMC information secu- conference calls, is limited to:
rity rules may not have been followed, that in- 1. Board members and Federal Reserve
dividual should promptly alert the FOMC Sec- Bank presidents and any other alternate
retariat. The secretary or the Committee’s gen- members. In the absence of a president, a
eral counsel will, with appropriate consultation substitute Federal Reserve Bank officer des-
with the Chair, promptly refer all material ignated by the president or the Federal Re-
known or suspected incidents to the Board’s in- serve Bank’s board of directors.
spector general and request an investigation, as 2. Committee officers. In the absence of
well as ensure the incident is reported to other an associate economist from a Federal Re-
institutions, as appropriate. The Chair will in- serve Bank, one substitute designated in ad-
form the Committee about these matters and in- vance by the president, with notice to the
vestigations, as appropriate. FOMC Secretariat.
D. If a staff person at the Federal Reserve 3. The manager of the SOMA and one as-
Board has been found to be responsible for an sistant to the manager (such as the deputy
FOMC information security incident, the Chair manager). In the manager’s absence, a sub-
will determine the consequences for that indi- stitute designated by the manager or the pres-
vidual. If a staff person at a Federal Reserve ident of the Selected Bank, with notice to the
Bank has been found to be responsible for an FOMC Secretariat.
FOMC information security incident, the pres- 4. One adviser or one substitute desig-
ident of that Federal Reserve Bank will deter- nated in advance, with notice to the FOMC
mine the consequences for that individual and Secretariat, by each president who is not cur-
will inform the Chair of that determination. If rently a member of the Committee.
a Committee participant has been found to be 5. One first vice president of a Federal
responsible for an FOMC information security Reserve Bank. This designee would be in
incident, the Committee will determine the addition to those listed above. The FOMC
consequences for that participant. The Inspec- Secretariat maintains a rotational schedule
tor General will contact law enforcement agen- based on nominations from Federal Reserve
cies whenever an investigation indicates that Banks.
criminal statutes may have been violated. 6. FOMC Secretariat assistance and a
limited number of additional members of
System staff designated by the Chair.
B. Attendance may be limited further by
the Chair if a meeting, or portion of a meeting,
gives rise to unusual sensitivity problems.

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Attachment 1 Program for Security of FOMC Information

Attachment 1 CSI means confidential supervisory infor-


ACCESS ELIGIBILITY POLICY FOR mation of the Board, as defined in 12 CFR
BOARD EMPLOYEES 261.2(c).

ACCESS TO FEDERAL OPEN MARKET FOMC information means confidential infor-


COMMITTEE AND CONFIDENTIAL SU- mation of the FOMC designated as Class III,
PERVISORY INFORMATION Class II, or Class I, as explained in the Program
for Security of FOMC Information (Program).
POLICY STATEMENT
This policy explains the rules for granting International organization means an intergov-
Board employees’ eligibility for access to Fed- ernmental organization that the United States
eral Open Market Committee (FOMC) infor- participates in, such as the Bank for Interna-
mation and confidential supervisory infor- tional Settlements, the International Monetary
mation (CSI). 1 The purpose of this policy is to Fund, and the World Bank.
help ensure that FOMC information and CSI be
maintained in confidence through a system of Prudential regulator means a foreign govern-
controlled access to protect against unauthor- ment entity that is responsible for supervising
ized disclosure or use of such information that and regulating foreign banks and/or financial
could cause damage to the mission and activi- firms and that performs functions similar to
ties of the Board. those performed by the Division of Supervision
and Regulation.
This policy does not apply to individuals, such
as contractors, who are not Board employees. 2 Restricted country means a country that is sub-
Thus, in general, those who are not Board em- ject to a State Department policy or embargo
ployees are not eligible to access FOMC infor- that restricts the export of defense articles and
mation. Non-employees may access CSI if au- services.
thorized by the director of Supervision and
Regulation (S&R) under such terms and condi- CONDITIONS FOR GRANTING ACCESS
tions established by the director of S&R. TO FOMC INFORMATION OR CSI
Board employees are only eligible to access
DEFINITIONS FOMC information and/or CSI if they (1) have
Board employee means an individual who is a need to know the information; 3 (2) are (i) a
appointed into Board service. U.S. citizen, or a lawful permanent resident or,
if not, are not a citizen of a restricted country; 4

1
This policy rescinds Supervision and Regula- 4 If an individual is a citizen of a restricted coun-
tion (SR) letter 06-14 and all references to SR 06- try and a non-restricted country, the individual will
14, and the prior information access rules in 12 be considered to be a citizen of a restricted country
CFR § 268.205 ("Prior Access Rules") are to be re- for purposes of this policy (unless of course, the in-
placed with a reference to this policy. dividual is a dual citizen of the U.S. or a lawful per-
2 The Board has a separate regulation that gov- manent resident of the U.S. with a declaration of in-
erns Reserve Bank employees’ access to both Fed- tent, in which case U.S. citizenship or lawful per-
eral Open Market Committee (FOMC) information manent residence, as applicable, controls).
and confidential supervisory information (CSI). Whether an individual is a citizen of a restricted or
3
For FOMC information, whether there is a non-restricted country is determined at the time in-
need to know and designation of access is deter- formation access is requested by the employee, and,
mined under the Program. For CSI, whether there if access is granted, subsequent changes to the re-
is a need to know and designation of access is de- stricted country list will not cause the employee to
termined by S&R policies. become ineligible to access information under this

7
Attachment 1 Program for Security of FOMC Information

and (ii) if not already a U.S. citizen, have EXCEPTIONS


signed a declaration of intent to expeditiously Individuals Employed by Foreign Central
become, as applicable, a lawful permanent res- Banks, Prudential Regulators, Interna-
ident and a U.S. citizen when eligible; 5 (3) tional Organizations, or Executive Agencies
agree to abide by (and do abide by) the relevant Access to CSI
rules for accessing and handling the infor- Individuals employed by foreign central banks
mation; 6 and (4) have been determined, based or prudential regulators, and international or-
on the results of a background investigation (as ganizations, who are not citizens of a restricted
explained below), to be suitable to access such country, and who are on temporary profes-
information. In addition, Board employees are sional exchanges with the Board (“Detailees”
only eligible to access FOMC information if or “Secondees”) may be granted access, for up
they have been hired to work for the Board as to 18 months, to CSI rated Internal-FR or Re-
an employee for a period of 90 days or more. stricted-FR if they (1) have a need to know the
information; (2) agree to abide by (and do abide
BACKGROUND INVESTIGATION RE- by) the relevant rules for accessing and han-
QUIREMENT dling the information as evidenced by signing
Board employees are eligible to access FOMC a non-disclosure agreement; and (3) have been
information and CSI only if they have under- determined by the director of the division, of-
gone a background investigation and have been fice, or department hosting the visitor to be el-
deemed suitable to perform work for the Board igible to access such information after review-
under the Board’s Suitability policy. ing
• the result of a fingerprint check that
REINVESTIGATIONS screens the Secondee’s fingerprints against
The Board may reinvestigate individuals at any the FBI’s National Criminal History Finger-
time to determine whether they continue to be print database;
eligible to access FOMC information and CSI. • the results of a credit check and name
This may include, for example, a set reinvesti- check screen by a private contractor;
gation schedule, a random sampling for rein- • information provided by their em-
vestigation, or a reinvestigation prompted by ployer, including, in the case of foreign cen-
learning new information. tral banks, a letter indicating that the foreign
central bank has vetted the Secondee (for ex-
ample, by conducting a background investi-

regulation. In addition, citizens of restricted coun- citizenship if the employee applies within six
tries who were hired prior to the effective date of months of being eligible to do so. Whether the
this policy may retain access to FOMC information time period for other actions will be considered ex-
and CSI under Prior Access Rules if they sign a peditious will be determined based on the facts and
declaration of intent by November 22, 2019. Citi- circumstances. In addition, an individual who
zens of non-restricted countries who were hired meets the definition of a protected individual under
prior to the effective date of this policy may retain 8 USC § l324b(a)(3) will qualify as meeting the cit-
access to FOMC information and CSI under Prior izenship requirements detailed in this policy and
Access Rules until February l, 2022. will (provided they meet the requirements in (1),
5 Individuals’ access may be revoked if they fail (3), and (4), above) be eligible to access FOMC in-
to provide a declaration of intent, to expeditiously formation and CSI.
apply for lawful permanent residence or U.S. citi- 6 For FOMC information, the Program estab-

zenship when eligible, or to expeditiously take all lishes these access and handling rules. For CSI,
steps necessary to obtain lawful permanent resi- these access and handling rules are established by
dence or U.S. citizenship. An employee will be S&R policies.
considered to have expeditiously applied for U.S.

8
Attachment 1 Program for Security of FOMC Information

gation) and determined the Secondee is qual- Administrative Governor’s Authority to


ified for access to confidential and/or sensi- Grant Access
tive information at their employer; and The Administrative Governor may grant an in-
• information, if any, provided by intel- dividual eligibility to access CSI under other
ligence agencies. circumstances not outlined above.

Individuals who are employed by executive TERMINATING ACCESS


agencies of the federal government who are on An individual’s eligibility to access to FOMC
temporary professional exchanges with the information or CSI may be terminated at any
Board may be granted access to CSI rated In- time if the individual fails to abide by the above
ternal-FR or Restricted-FR if their employing rules for granting access to such information,
executive agency provides information to the including the relevant handling rules, or if the
Board to show that they passed the same level individual is not eligible to access such infor-
of background investigation that the Board mation in light of the results of a background
would require for them to access such CSI. investigation or other information.

RESPONSIBILITY
The Administrative Governor may rescind or
amend this policy at any time.

9
Attachment 2 Program for Security of FOMC Information

Attachment 2 261.2(c).
ACCESS ELIGIBILITY POLICY FOR
BANK EMPLOYEES FOMC information means confidential infor-
mation of the FOMC designated as Class III,
REGULATION ON GRANTING ELIGIBIL- Class II, or Class I, as explained in the Program
ITY FOR ACCESS TO FOMC INFOR- for Security of FOMC Information (Program).
MATION AND CSI
Reserve Bank employee means an individual
Federal Reserve Administrative Manual who performs services for, is on the payroll of,
and receives earnings reported on a Form W-2
This regulation explains the requirements the by, a Reserve Bank. The term does not include,
Reserve Banks must follow when granting em- for example, any individual who provides ser-
ployees eligibility for access to Federal Open vices to a Reserve Bank under a contract.
Market Committee (FOMC) information and
confidential supervisory information (CSI). 1 Restricted country means a country that is sub-
The purpose of this regulation is to help ensure ject to a State Department policy or embargo
that FOMC information and CSI be maintained that restricts the export of defense articles and
in confidence through a system of controlled services.
access to protect against unauthorized disclo-
sure or use of such information that could cause CONDITIONS FOR GRANTING ELIGIBIL-
damage to the mission and activities of the Fed- ITY FOR ACCESS TO FOMC INFOR-
eral Reserve System. MATION AND CSI

This regulation does not apply to individuals, Reserve Bank employees are only eligible to
such as contractors, who are not Reserve Bank access FOMC information and/or CSI if they:
employees. Thus, in general, those who are not (1) have a need to know the information; 2 (2)
Reserve Bank employees are not eligible to ac- are: (i) a US citizen, or a lawful permanent res-
cess FOMC information. Non-employees may ident or, if not, are not a citizen of a Restricted
access CSI if authorized by the Director of Su- country; 3 and (ii) if not already a US citizen,
pervision & Regulation (S&R) under such have signed a declaration of intent to expedi-
terms and conditions established by the Direc-
tor of S&R.

DEFINITIONS

CSI means confidential supervisory infor-


mation of the Board, as defined in 12 C.F.R.

1
This regulation rescinds SR 06-14 and all refer- Country for purposes of this regulation (unless of
ences to SR 06-14 and the prior information access course, the individual is a dual citizen of the US or
rules in 12 C.F.R. § 268.205 are to be replaced with a lawful permanent resident of the US with a decla-
a reference to this regulation. ration of intent, in which case US citizenship or
2
For FOMC information, whether there is a lawful permanent residence, as applicable, con-
need to know and designation of access is deter- trols). Whether an individual is a citizen of a Re-
mined under the Program. For CSI, whether there stricted or Non-Restricted Country is determined at
is a need to know and designation of access is de- the time information access is requested by the em-
termined by S&R policies. ployee and, if access is granted, subsequent
3 If an individual is a citizen of a Restricted changes to the Restricted Country list will not
Country and a Non-Restricted Country, the individ- cause the employee to become ineligible to access
ual will be considered to be a citizen of a Restricted information under this regulation.

10
Attachment 2 Program for Security of FOMC Information

tiously become, as applicable, a lawful perma- FOMC information and CSI based on the adju-
nent resident and a US citizen when eligible; 4 dicative standards outlined in the Board's Suit-
(3) agree to abide by (and do abide by) the rel- ability policy.
evant rules for accessing and handling the in-
formation; 5 and (4) have been determined, If the deciding official or entity determines an
based on the result of a background investiga- employee's background investigation results do
tion (as explained below) to be suitable to ac- not support eligibility to access FOMC infor-
cess such information. In addition, Reserve mation or CSI the deciding official or entity
Bank employees are only eligible to access shall ensure management does not grant such
FOMC information if they have been hired to access. The relevant Reserve Bank official
work for a Reserve Bank with the expectation shall determine whether the Reserve Bank em-
that the individual will be an employee for a ployee may continue to perform work for the
period of at least 90 calendar days. Reserve Bank if found ineligible to access
FOMC information or CSI. To the extent an
BACKGROUND INVESTIGATION RE- employee will need access to both FOMC in-
QUIREMENT formation and CSI the bank should reach one
suitability determination, per employee, for
Reserve Bank employees are eligible to access both types of information.
FOMC information and CSI if the individual or
entity who decides whether a Reserve Bank Banks must report to the Director of S&R and
employee is suitable for employment at the Re- to the FOMC Secretary the number of requests
serve Bank (“deciding official or entity”) has for access to CSI and FOMC information that
determined that the results of the background are granted and denied each year.
investigation conducted by the Reserve Bank
demonstrate that the employee is also suitable REINVESTIGATIONS
to access FOMC Information and CSI in light
of the Board’s suitability standards. In addition to the above investigations, a Re-
serve Bank may reinvestigate individuals at
The background investigation required under any time to determine whether they continue to
this regulation must be acceptable to the Direc- be eligible to access FOMC information and
tor of RBOPS. 6 The deciding official or entity CSI. This may include, for example, a set re-
will review a Reserve Bank employee’s back- investigation schedule, a random sampling for
ground investigation results and determine reinvestigation, or a reinvestigation prompted
whether the results support eligibility to access by learning new information.

4 Individuals’ access may be terminated if they (provided they meet the requirements in (1), (3),
fail to provide a declaration of intent, to expedi- and (4), above) be eligible to access FOMC infor-
tiously apply for lawful permanent residence or US mation and CSI.
citizenship when eligible, or to expeditiously take 5 For FOMC information, the Program estab-

all steps necessary to obtain lawful permanent resi- lishes these access and handling rules. For CSI,
dence or US citizenship. An employee will be con- these access and handling rules are established by
sidered to have expeditiously applied for US citi- S&R policies.
zenship if he or she applies within six months of 6 The Director of RBOPS has determined that the

being eligible to do so. Whether the time period for background investigations currently conducted by
other actions will be considered expeditious will be the Reserve Banks meet the requirements of this
determined based on the facts and circumstances. policy. However, going forward, RBOPS may re-
In addition, an individual who meets the definition view in more detail the background investigation
of a protected individual under 8 U.S.C. § practices at the Reserve Banks and may provide
1324b(a)(3) will qualify as meeting the citizenship different guidance on background investigation re-
requirements detailed in this regulation and will quirements in the future.

11
Attachment 2 Program for Security of FOMC Information

EXCEPTIONS access to FOMC information, this decision will


be made by the FOMC Secretary and for access
The Administrative Governor may grant an in- to CSI the decision will be made by the Direc-
dividual eligibility to access CSI under other tor of S&R. If an individual has access to both
circumstances not outlined above. FOMC information and CSI and there is a need
to terminate access to both types of information
TERMINATING ACCESS the decision will be made jointly by the FOMC
Secretary and the Director of S&R. 7
An individual’s eligibility to access FOMC in-
formation or CSI may be terminated at any time If the deciding official or entity (at a Reserve
if he or she fails to abide by the above rules for Bank or the Board) terminates an individual’s
granting access to such information, including eligibility for access, the deciding official or
the relevant handling rules, or if the deciding entity shall communicate the reason for termi-
official or entity determines that the individual nating access in writing to the individual being
is not eligible for access to such information in denied access. The decision shall be final when
light of the results of a background investiga- issued and may not be appealed. The relevant
tion or other information. In addition, the Reserve Bank official shall determine whether
Board may review deciding officials’ or enti- a Reserve Bank employee may continue to per-
ties’ decisions, through an audit process or as a form work for the Reserve Bank if found ineli-
result of other circumstances, such as becom- gible to access FOMC information or CSI.
ing aware of information that causes the Board
to be concerned that eligibility for access is not RESPONSIBILITY
consistent with its suitability rules. If, after re-
view, the Board determines that an individual The Administrative Governor may rescind or
is not eligible for access to such information, amend this FRAM regulation at any time.
the individual’s access must be terminated. For

7 In the case of a disagreement between the

FOMC Secretary and the Director of S&R, the de-


cision will be made by the Administrative Gover-
nor.

12
Attachment 3 Program for Security of FOMC Information

Attachment 3 Cuba
RESTRICTED COUNTRIES Cyprus
Democratic Republic of the Congo
Below is the list of countries (as of January Eritrea
2021) that are referred to as “restricted coun- Haiti
tries” in the Board’s “Access to Federal Open Iran
Market Committee and Confidential Supervi- Iraq
sory Information” policy (Program Attachment Kyrgyzstan
1) and in the Federal Reserve Administration Lebanon
Manual (FRAM) policy, “Regulation on Grant- Libya
ing Eligibility for Access to FOMC infor- North Korea
mation and CSI” (Program Attachment 2). 1 Russia
Somalia
Afghanistan South Sudan
Belarus Sudan
Burma Syria
Central Africa Republic Venezuela
China Zimbabwe

1 This list is maintained by the United States De- https://www.pmddtc.state.gov/ddtc_pub-


partment of State; any changes in the list will be re- lic?id=ddtc_public_portal_country_landing.
flected online at

13
Attachment 4 Program for Security of FOMC Information

Attachment 4 start of the second Saturday (midnight) East-


FINANCIAL TRADING BLACKOUT 1 ern Time before the beginning of the meet-
ing 2 and ends at midnight Eastern Time on
An employee with knowledge of Class I the last day of the meeting; or
FOMC information should avoid engaging in b. Hold any security for less than 30 days,
any financial transaction the timing of which other than shares of a money market mutual
could create the appearance of acting on inside fund.
information concerning Federal Reserve delib- This purchase or sale restriction does not
erations and actions. In order to avoid even the apply if the transaction is authorized before
appearance of acting on confidential FOMC in- the period described in section (a) above be-
formation, an FOMC staff officer or a System gins (for example, through directions given
employee who has knowledge of information to a broker). An FOMC staff officer or a
that is classified as “Class I FOMC – Restricted System employee with knowledge of infor-
Controlled (FR)” and that is related to the pre- mation that is classified as “Class I FOMC –
vious or upcoming FOMC meeting should not Restricted Controlled (FR)” and that is re-
knowingly: lated to the previous or upcoming FOMC
a. Purchase or sell any security (including meeting also should make every effort to en-
any interest in the Thrift Plan for Employees sure that the financial transactions of his or
of the Federal Reserve System, but not in- her spouse and dependent children comply
cluding shares of a money market mutual with these restrictions. In unusual circum-
fund) during the period that begins at the stances, after consultation with the Ethics
Officer, these restrictions may be waived.

1 This trading blackout is also included in the 2 In the event that the second Friday before the

Reserve Banks’ codes of conduct section 3.3 and a FOMC meeting is a federal holiday, the restricted
substantially similar rule is included in the Federal period will begin at the start of that Friday.
Reserve Administrative Manual (FRAM) 2-026-1,
Voluntary Guide to Conduct for Senior Officials

14
Attachment 5 Program for Security of FOMC Information

15
Attachment 5 Program for Security of FOMC Information

16
Attachment 5 Program for Security of FOMC Information

17

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