[Federal Register: April 15, 2003 (Volume 68, Number 72)]
[Rules and Regulations]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
Rules and Regulations
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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FEDERAL RESERVE SYSTEM
12 CFR Part 268
[Docket No. R-1096]
Rules Regarding Equal Opportunity
AGENCY: Board of Governors of the Federal Reserve System.
ACTION: Final rule.
SUMMARY: The Board of Governors of the Federal Reserve System (the
Board) has adopted a final rule that amends its ``Rules Regarding Equal
Opportunity,'' which establishes programs and procedures to promote
equal opportunity for Board employees. This rule was published on
January 25, 2001, in the Federal Register as an immediately effective
interim rule with opportunity for public comment. The Board received
one public comment on this rule. The Board is now adopting the interim
rule as a final rule with substantive changes to sections in the rule
that address the Rehabilitation Act. These substantive changes are
being made because after the Board adopted its interim rule, the Equal
Employment Opportunity Commission (Commission), after public comment,
adopted changes to the provisions in its parallel regulation entitled
``Federal Sector Equal Employment Opportunity,'' 29 CFR part 1614, that
address the Rehabilitation Act. The substantive changes to the Board's
final rule, which incorporates changes to the Commission's regulation
on the Rehabilitation Act, also respond to the comment that the Board
received on its rule.
DATES: This final rule is effective immediately and applies to all
Board equal employment opportunity (EEO) complaints pending at any
stage of the administrative process as of April 15, 2003.
FOR FURTHER INFORMATION CONTACT: Stephen L. Siciliano, Assistant
General Counsel (202-452-3920), or Alicia S. Foster, Counsel (202-452-
5289), Legal Division, Board of Governors of the Federal Reserve
System, 20th Street and Constitution Avenue NW., Washington, DC 20551.
For users of Telecommunications Device for the Deaf (``TDD'') only,
[ ... ]
Sec. 268.205 Employment of noncitizens.
(a) Definitions. The definitions contained in this paragraph (a)
shall apply only to this section.
(1) Intending citizen means a citizen or national of the United
States, or a noncitizen who:
(i) Is a protected individual as defined in 8 U.S.C. 1324b(a)(3);
(ii) Has evidenced an intention to become a United States citizen.
(2) Noncitizen means any person who is not a citizen of the United
(3) Sensitive information means:
(i)(A) Information that is classified for national security
purposes under Executive Order No. 12356 (3 CFR, 1982 Comp., p. 166),
including any amendments or superseding orders that the President of
the United States may issue from time to time;
(B) Information that consists of confidential supervisory
information of the Board, as defined in 12 CFR 261.2(c); or
(C) Information the disclosure or premature disclosure of which to
unauthorized persons may be reasonably likely to impair the formulation
or implementation of monetary policy, or cause unnecessary or
unwarranted disturbances in securities or other financial markets, such
that access to such information must be limited to persons who are
loyal to the United States.
(ii) For purposes of paragraph (a)(3)(i)(C) of this section,
information may not be deemed sensitive information merely because it
would be exempt from disclosure under the Freedom of Information Act (5
U.S.C. 552) but sensitive information must be information the
unauthorized disclosure or premature disclosure of which may be
reasonably likely to impair important functions or operations of the
(4) Sensitive position means any position of employment in which
the employee will be required to have access to sensitive information.
(b) Prohibitions--(1) Unauthorized aliens. The Board shall not hire
any person unless that person is able to satisfy the requirements of
Section 101 of the Immigration Reform and Control Act of 1986.
(2) Employment in sensitive positions. The Board shall not hire any
person to a sensitive position unless such person is a citizen of the
United States or, if a noncitizen, is an intending citizen.
(3) Preference. Consistent with the Immigration Reform and Control
Act of 1986, and other applicable law, applicants for employment at the
Board who are citizens of the United States shall be preferred over
equally qualified applicants who are not United States citizens.
(c) Exception. The prohibition of paragraph (b)(2) of this section
does not apply to hiring for positions for which a security clearance
is required under Executive Order No. 10450, including any subsequent
amendments or superseding orders that the President of the United
States may issue from time to time, where the noncitizen either has or
can obtain the necessary security clearance. Any offer of employment
authorized by this paragraph (c) shall be contingent upon receipt of
the required security clearance in the manner prescribed by law.
(d) Applicability. This section applies to employment in all
positions at the Board and to employment by Federal Reserve Banks of
examiners who must be appointed, or selected and approved by the Board
pursuant to 12 U.S.C. 325, 326, 338, or 625.
[ ... ]
By order of the Board of Governors of the Federal Reserve
System, April 9, 2003.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. 03-9111 Filed 4-14-03; 8:45 am]
BILLING CODE 6210-01-P
[ End ]
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