FR30_20240329_omb

FR30_20240329_omb.pdf

Whistleblower Intake Guide

OMB: 7100-0387

Document [pdf]
Download: pdf | pdf
Supporting Statement for the
Whistleblower Intake Guide
(FR 30; OMB No. 7100-NEW)
Summary
The Board of Governors of the Federal Reserve System (Board), under authority
delegated by the Office of Management and Budget (OMB), has implemented for three years the
Whistleblower Intake Guide (FR 30; OMB No. 7100-NEW). The Whistleblower Intake Guide
collects information regarding alleged misconduct or retaliation by a Board-supervised
institution or an affiliated party of such institution. The information collected through the FR 30
assists in the Board’s supervision of financial institutions.
The estimated total annual burden for the FR 30 is 3 hours.
Background and Justification
In September 2022, the Board issued a policy statement to promote the submission of
whistleblower claims regarding misconduct, unsafe or unsound practices, or violations of law or
regulation occurring at any Board-supervised entity or by a party affiliated with such entity.1 The
Board encourages anyone with such information to make a report.
In accordance with section 33 of the Federal Deposit Insurance Act,2 an insured
depository institution may not discharge or otherwise discriminate against any employee with
respect to compensation, terms, conditions, or privileges of employment because the employee
(or any person acting pursuant to the request of the employee) provided information to the
Board, to another federal banking agency,3 or to the Department of Justice regarding a possible
violation of any law or regulation; or gross mismanagement, a gross waste of funds, an abuse of
authority; or a substantial and specific danger to public health or safety by the depository
institution or any director, officer, or employee of the institution.
In addition, section 34 of the Federal Deposit Insurance Act4 allows the Board, with the
concurrence of the U.S. Attorney General, to pay a reward to a person who provides original
information leading to recovery of a criminal fine, restitution, or civil penalty under certain
authorities.5 Rewards cannot be paid to an officer or employee of the United States or of a state
or local government who provides information obtained in the performance of official duties, or
if a person deliberately causes or participates in the alleged violation of law or regulation, or
knowingly or recklessly provides substantially false information to the Board or the Department
of Justice.

1

Policy Statement on Whistleblower Claims (SR 22-7/CA 22-7),
https://www.federalreserve.gov/supervisionreg/srletters/SR2207.htm.
2
12 U.S.C. § 1831j.
3
The term “federal banking agency” here means the Board, Federal Deposit Insurance Corporation, Federal
Housing Finance Agency, and Office of the Comptroller of the Currency (12 U.S.C. § 1831j(e)).
4
12 U.S.C. § 1831k.
5
See 12 U.S.C. § 1831k(a)(1).

This information is not available from other sources. The Board’s Ombuds Office
receives whistleblower claims directly from whistleblowers by telephone, email, mail, and online
through the “contact us” page on the Board’s website.6 It also receives and provides referrals of
whistleblower claims that are erroneously submitted to an agency that lacks jurisdiction over the
claim, as well as referrals where jurisdiction is shared between the Board and another agency.
However, some whistleblowers choose to report misconduct involving Board-supervised
institutions by contacting other Federal Reserve staff. The Whistleblower Intake Guide, which
should be utilized in such instances, provides a unique mechanism for the Federal Reserve to
collect information about Board-supervised institutions that may be known by very few
individuals. If this information were not collected, the Board may not be able to identify and
respond to some instances where a Board-supervised institution or affiliated party engaged in an
unsafe or unsound practice, a violation of law or regulation, or a violation of a consent order or
written agreement issued by the Federal Reserve. The Board will continue to consult with other
agencies as necessary and appropriate based on the subject matter of a given whistleblower
claim.
Description of Information Collection
The Whistleblower Intake Guide would be used by Federal Reserve staff who are
contacted directly by a whistleblower to collect the name and contact information of the
whistleblower (unless they choose to remain anonymous); the institution and/or employees
involved in the conduct the whistleblower is seeking to report; details about the alleged
misconduct or retaliation,7 such as dates, location, and basis of knowledge; and whether any
other Federal agencies or law enforcement are involved. Once the FR 30 is completed, the Board
would open a case file.8
Personally Identifiable Information
Personally identifiable information (PII) obtained in this information collection may
include whistleblower name, contact information, and bank account information. It may also
include identifying information of individuals involved in the potential activity, misconduct, or
wrongdoing claimed. The information provided is not sensitive in nature and is necessary to
collect information on and potentially investigate a financial institution regulated by the Federal
Reserve. Information collected as part of this process is stored in the System of Records
BGFRS-11 Official General Files (83 FR 43872).
6

See Federal Reserve Board - Contact Us,
https://www.federalreserve.gov/apps/ContactUs/feedback.aspx?refurl=%2Faboutthefed%2Fwhistleblowerreporting.htm.
7
Retaliation means discharge or other discrimination against any employee with respect to compensation, terms,
conditions, or privileges of employment because the employee (or any person acting pursuant to the request of the
employee) submitted a whistleblower complaint.
8
Any information collected after a case file is opened, such as a report of whistleblower retaliation, interviews, and
other evidence-gathering activities, would not be subject to the Paperwork Reduction Act (PRA). See 5 CFR
1320.4(a)(2) and (c), 5 CFR 1320.3(h)(9). Retaliation claims associated with whistleblower complaints that were
submitted to the Board are not subject to the PRA. However, retaliation claims associated with whistleblower
complaints submitted to the DOJ or another Federal banking agency, if they concern a Board-supervised entity, are
subject to the PRA.

2

Respondent Panel
The FR 30 panel comprises employees of Board-supervised entities and members of the
public.
Frequency and Time Schedule
The FR 30 is submitted on an event-generated basis.
Public Availability of Data
No data collected by this information collection are published.
Legal Status
The Board uses the information obtained through the FR 30 to discharge its statutory
responsibilities, including those under the Federal Reserve Act (12 U.S.C. § 221 et seq.), Bank
Holding Company Act of 1956 (12 U.S.C. § 1841 et seq.), Home Owners’ Loan Act (12 U.S.C.
§ 1461 et seq.), and Federal Deposit Insurance Act (12 U.S.C. § 1811 et seq.). The FR 30 is
voluntary.
Information disclosed to the Board under the FR 30 is kept confidential by the Board
pursuant to exemptions 7(D) and 8 of the Freedom of Information Act (FOIA) because it is
information compiled for law enforcement purposes that could reasonably be expected to
disclose the identity of a confidential source and because it is information contained in or related
to examination, operating, or condition reports prepared by, on behalf of, or for the use of an
agency responsible for the regulation or supervision of financial institutions (5 U.S.C. §§
552(b)(7)(D) and (b)(8)). Information disclosed to the Board under the FR 30 also may be kept
confidential under exemption 4 of the FOIA if it is nonpublic commercial or financial
information, which is customarily and actually treated as private by the respondent (5 U.S.C. §
552(b)(4)); or under exemption 6 of the FOIA if the disclosure of information would constitute a
clearly unwarranted invasion of personal privacy (5 U.S.C. § 552(b)(6)).
Consultation Outside the Agency
The Board has consulted with other federal agencies regarding its efforts to promote
whistleblower claims, including the Consumer Financial Protection Bureau, Federal Deposit
Insurance Corporation, and National Credit Union Administration.
Public Comments
On September 8, 2023, the Board published an initial notice in the Federal Register (88
FR 62084) requesting public comment for 60 days on the implementation of the FR 30. The
comment period for this notice expired on November 7, 2023. The Board did not receive any
comments. The Board adopted the implementation of the FR 30 as originally proposed. On
March 12, 2024, the Board published a final notice in the Federal Register (89 FR 17849).

3

Estimate of Respondent Burden
As shown in the table below, the estimated total annual burden for the FR 30 is 3 hours.
The estimated number of respondents is based on the average number of employees of Boardsupervised entities and members of the public that have reported alleged misconduct or
retaliation over the last three years. The time per response will depend largely on the complexity
of the alleged violation and the amount of information the whistleblower possesses in support of
the allegations. These reporting requirements represent less than 1 percent of the Board’s total
paperwork burden.

FR 30
Reporting

Estimated
number of
respondents

Estimated
annual
frequency

5

1

Estimated
Estimated
average hours annual burden
per response
hours
0.5

3

The estimated total annual cost to the public for the FR 30 is $90.9
Sensitive Questions
This information collection contains no questions of a sensitive nature, as defined by
OMB guidelines.
Estimate of Cost to the Federal Reserve System
The estimated cost to the Federal Reserve System for collecting and processing this
information collection is negligible.

9

The average consumer cost of $30 is estimated using data from the Bureau of Labor Statistics (BLS), Occupational
Employment and Wages, May 2022, published April 25, 2023, https://www.bls.gov/news.release/ocwage.t01.htm.

4


File Typeapplication/pdf
File Modified2024-03-29
File Created2024-03-29

© 2024 OMB.report | Privacy Policy