83_FR_40730 83 FR 40572 - Privacy Act of 1974: Systems of Records

83 FR 40572 - Privacy Act of 1974: Systems of Records

NATIONAL CREDIT UNION ADMINISTRATION

Federal Register Volume 83, Issue 158 (August 15, 2018)

Page Range40572-40575
FR Document2018-17517

Pursuant to the Privacy Act of 1974, the National Credit Union Administration (NCUA) proposes the following changes to: Reflect changes in information access and retrieval, and change the name of the office system owner for an existing system of records, Consumer Complaints Against Federal Credit Unions, NCUA-12; revise the authorities to reflect specific programmatic authority for collecting, maintaining, using, and disseminating the information; and add a routine use to all NCUA Systems of Records as part of our Standard Routine Uses. These actions are necessary to meet the requirements of the Privacy Act that federal agencies publish in the Federal Register a notice of the existence and character of records it maintains that are retrieved by an individual identifier. This is a republication after full review by OMB.

Federal Register, Volume 83 Issue 158 (Wednesday, August 15, 2018)
[Federal Register Volume 83, Number 158 (Wednesday, August 15, 2018)]
[Notices]
[Pages 40572-40575]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17517]


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NATIONAL CREDIT UNION ADMINISTRATION


Privacy Act of 1974: Systems of Records

AGENCY: National Credit Union Administration (NCUA).

ACTION: Notice of a modified system of records; notice of modified 
standard routine uses.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the Privacy Act of 1974, the National Credit Union 
Administration (NCUA) proposes the following changes to: Reflect 
changes in information access and retrieval, and change the name of the 
office system owner for an existing system of records, Consumer 
Complaints Against Federal Credit Unions, NCUA-12; revise the 
authorities to reflect specific programmatic authority for collecting, 
maintaining, using, and disseminating the information; and add a 
routine use to all NCUA Systems of Records as part of our Standard 
Routine Uses. These actions are necessary to meet the requirements of 
the Privacy Act that federal agencies publish in the Federal Register a 
notice of the existence and character of records it maintains that are 
retrieved by an individual identifier. This is a republication after 
full review by OMB.

DATES: Submit comments on or before September 14, 2018. This action 
will be effective without further notice on September 14, 2018 unless 
comments are received that would result in a contrary determination.

ADDRESSES: You may submit comments by any of the following methods, but 
please send comments by one method only:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     NCUA Website: http://www.ncua.gov/RegulationsOpinionsLaws/proposed_regs/proposed_regs.html. Follow the instructions for 
submitting comments.
     Email: Address to [email protected]. Include ``[Your 
name]--Comments on NCUA Consumer Complaints Against Federal Credit 
Unions SORN'' in the email subject line.
     Fax: (703) 518-6319. Use the subject line described above 
for email.
     Mail: Address to Gerard Poliquin, Secretary of the Board, 
National Credit Union Administration, 1775 Duke Street, Alexandria, 
Virginia 22314-3428.
     Hand Delivery/Courier: Same as mail address.

FOR FURTHER INFORMATION CONTACT: Morgan M. Rogers, Division of Consumer 
Affairs Director, or Matthew J. Biliouris, Director, Office of Consumer 
Financial Protection, Consumer Assistance, the National Credit Union 
Administration, 1775 Duke Street, Alexandria, Virginia 22314 (Regarding 
the NCUA-12, Consumer Complaints Against Federal Credit Unions System), 
or Rena Kim, Privacy Attorney, or Linda Dent, Senior Agency Official 
for Privacy, Office of General Counsel, the National Credit Union 
Administration, 1775 Duke Street, Alexandria, Virginia 22314, or 
telephone: (703) 518-6540.

SUPPLEMENTARY INFORMATION: 
    (1) NCUA is Proposing To Update NCUA-12, Consumer Complaints 
Against Federal Credit Unions. The NCUA-12 Consumer Complaints Against 
Federal Credit Unions System is being updated to reflect a change in 
the manner in which records are accessed and retrieved by examination 
personnel. The NCUA-12 system of records collects and maintains 
consumer complaints against federal credit unions received and 
processed by the NCUA Consumer Assistance Center. The change in access 
will improve the effectiveness and efficiency when examiners conduct 
the required pre-exam planning review of consumer complaints. Examiners 
may securely view consumer complaints, credit union responses, 
supporting documentation about complaints, and consumer protection 
violations concerning the credit unions in their assigned region. The 
update includes a change to the office system owner's name resulting

[[Page 40573]]

from a reorganization. The Consumer Assistance Center is a component 
within NCUA's previous Office of Consumer Financial Protection and 
Access, now reorganized and renamed the Office of Consumer Financial 
Protection (OCFP).
    (2) NCUA is Proposing To Revise the Authorities for Maintenance of 
the System To Reflect Specific Programmatic Authority for Collecting, 
Maintaining, Using, and Disseminating the Information. We are revising 
the authorities to reflect specific programmatic authority for 
collecting, maintaining, using, and disseminating the information.
    (3) NCUA is Proposing To Add One Routine Use to Our Standard 
Routine Uses. This additional routine use will facilitate the sharing 
of NCUA's information with another agency in its efforts to respond to 
a breach. It will ensure that NCUA meets the requirements of OMB M-17-
12 ``Preparing for and Responding to a Breach of Personally 
Identifiable Information.''
    In addition to the substantive updates described above, the NCUA 
has modified the format of NCUA-12 to align with the guidance set forth 
in OMB Circular A-108. NCUA-12 and all of NCUA's Standard Routine Uses 
are published in full below. For convenience, modified language is 
identified in italics. All of the NCUA's SORNs are available at 
www.ncua.gov.

    By the National Credit Union Administration Board on August 9, 
2018.
Gerard Poliquin,
Secretary of the Board.
SYSTEM NAME AND NUMBER
    Consumer Complaints Against Federal Credit Unions--NCUA-12.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    NCUA Consumer Assistance Center, Office of Consumer Financial 
Protection, National Credit Union Administration, 1775 Duke Street, 
Alexandria, VA 22314-3428. Third party service provider, 
Salesforce.com, Inc. The Landmark at One Market, Suite 300, San 
Francisco, CA 94105.

SYSTEM MANAGER(S):
    Division of Consumer Affairs Director, Office of Consumer Financial 
Protection, National Credit Union Administration, 1775 Duke Street, 
Alexandria, Virginia 22314-3428.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    12 U.S.C. 1752a, 12 U.S.C. 1766, 12 U.S.C. 1784(a), and 12 U.S.C. 
1789.

PURPOSE(S) OF THE SYSTEM:
    The system supports the NCUA's supervisory oversight and 
enforcement responsibilities to intake and respond to consumer 
inquiries, complaints and other communications from the general public, 
credit unions and other state and federal government banking and law 
enforcement agencies regarding federal consumer financial protection 
laws, regulations and credit union activity.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who are members of the public that contact the NCUA's 
Consumer Assistance Center by telephone, written correspondence and web 
search, including both general inquiries and complaints concerning 
federal financial consumer protection matters within credit unions.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system contains correspondence and records of other 
communications between the NCUA and the individual submitting a 
complaint or making an inquiry, including copies of supporting 
documents and contact information supplied by the individual. This 
system may also contain regulatory and supervisory communications 
between the NCUA and the NCUA-insured credit union in question and/or 
intra-agency or inter-agency memoranda or correspondence relevant to 
the complaint or inquiry.

RECORD SOURCE CATEGORIES:
    Information is provided by the individual complainant, and his or 
her representative such as, a member of Congress or an attorney. 
Information is also provided by federal credit union officials and 
employees. Information is provided by the individual to whom the record 
pertains, internal agency records, and investigative and other record 
material compiled in the course of an investigation, or furnished by 
other state and federal financial regulatory and law enforcement 
government agencies.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    The NCUA's Consumer Assistance Center uses these records to 
document the submission of and responses to consumer inquiries, 
complaints and other communications from the general public regarding 
federal consumer financial protection laws, regulations and credit 
union activity.
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed outside the NCUA 
as a routine use as follows:
    (1) Information may be disclosed to officials of federal credit 
unions and other persons mentioned in a complaint or identified during 
an investigation.
    (2) Disclosures may be made to the Federal Reserve Board, other 
federal financial regulatory agencies, the Federal Financial 
Institutions Examination Council, the White House Office of Consumer 
Affairs, and the Congress, or any of its authorized committees in 
fulfilling reporting requirements or assessing implementation of 
applicable laws and regulations. (Such disclosures will be made in a 
non-identifiable manner when feasible and appropriate.)
    (3) Referrals may also be made to other federal and nonfederal 
supervisory or regulatory authorities when the subject matter is a 
complaint or inquiry which is more properly within such agency's 
jurisdiction.
    (4) NCUA's Standard Routine Uses apply to this system of records.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are stored electronically and physically.

POLICIES AND PRACTICES FOR RETRIEVABILITY OF RECORDS:
    Records are retrieved by individual identifiers such as individual 
complainant's name.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    All records, including audio records, are retained in a secure and 
encrypted cloud-based storage system for a period of seven years 
consistent with the National Archives and Records Administration 
records retention schedule.

ADMINISTRATIVE, TECHNICAL AND PHYSICAL SAFEGUARDS:
    Information in the system is safeguarded in accordance with the 
applicable laws, rules and policies governing the operation of federal 
information systems.

RECORD ACCESS PROCEDURES:
    Individuals wishing access to their records should submit a written 
request to the Senior Agency Official for Privacy, NCUA, 1775 Duke 
Street, Alexandria, VA 22314, and provide the following information:
    1. Full name.
    2. Any available information regarding the type of record involved.
    3. The address to which the record information should be sent.
    4. You must sign your request.

[[Page 40574]]

    Attorneys or other persons acting on behalf of an individual must 
provide written authorization from that individual for the 
representative to act on their behalf. Individuals requesting access 
must also comply with NCUA's Privacy Act regulations regarding 
verification of identity and access to records (12 CFR 792.55).

CONTESTING RECORD PROCEDURES:
    Individuals wishing to request an amendment to their records should 
submit a written request to the Senior Agency Official for Privacy, 
NCUA, 1775 Duke Street, Alexandria, VA 22314, and provide the following 
information:
    1. Full name.
    2. Any available information regarding the type of record involved.
    3. A statement specifying the changes to be made in the records and 
the justification therefore.
    4. The address to which the response should be sent.
    5. You must sign your request.
    Attorneys or other persons acting on behalf of an individual must 
provide written authorization from that individual for the 
representative to act on their behalf.

NOTIFICATION PROCEDURES:
    Individuals wishing to learn whether this system of records 
contains information about them should submit a written request to the 
Senior Agency Official for Privacy, NCUA, 1775 Duke Street, Alexandria, 
VA 22314, and provide the following information:
    1. Full name.
    2. Any available information regarding the type of record involved.
    3. The address to which the record information should be sent.
    4. You must sign your request.
    Attorneys or other persons acting on behalf of an individual must 
provide written authorization from that individual for the 
representative to act on their behalf. Individuals requesting access 
must also comply with NCUA's Privacy Act regulations regarding 
verification of identity and access to records (12 CFR 792.55).

HISTORY:
    This system of records notice was originally published in 65 FR 
3486 (January 21, 2000). It was republished (but not substantively 
changed in 75 FR 41539 (July 16, 2010), and 71 FR 77807 (December 27, 
2006).

NCUA'S STANDARD ROUTINE USES:
    1. If a record in a system of records indicates a violation or 
potential violation of civil or criminal law or a regulation, and 
whether arising by general statute or particular program statute, or by 
regulation, rule, or order, the relevant records in the system or 
records may be disclosed as a routine use to the appropriate agency, 
whether federal, state, local, or foreign, charged with the 
responsibility of investigating or prosecuting such violation or 
charged with enforcing or implementing the statute, rule, regulation, 
or order issued pursuant thereto.
    2. A record from a system of records may be disclosed as a routine 
use to a federal, state, or local agency which maintains civil, 
criminal, or other relevant enforcement information or other pertinent 
information, such as current licenses, if necessary, to obtain 
information relevant to an agency decision concerning the hiring or 
retention of an employee, the issuance of a security clearance, the 
letting of a contract, or the issuance of a license, grant, or other 
benefit.
    3. A record from a system of records may be disclosed as a routine 
use to a federal agency, in response to its request, for a matter 
concerning the hiring or retention of an employee, the issuance of a 
security clearance, the reporting of an investigation of an employee, 
the letting of a contract, or the issuance of a license, grant, or 
other benefit by the requesting agency, to the extent that the 
information is relevant and necessary to the requesting agency's 
decision in the matter.
    4. A record from a system of records may be disclosed as a routine 
use to an authorized appeal grievance examiner, formal complaints 
examiner, equal employment opportunity investigator, arbitrator or 
other duly authorized official engaged in investigation or settlement 
of a grievance, complaint, or appeal filed by an employee. Further, a 
record from any system of records may be disclosed as a routine use to 
the Office of Personnel Management in accordance with the agency's 
responsibility for evaluation and oversight of federal personnel 
management.
    5. A record from a system of records may be disclosed as a routine 
use to officers and employees of a federal agency for purposes of 
audit.
    6. A record from a system of records may be disclosed as a routine 
use to a member of Congress or to a congressional staff member in 
response to an inquiry from the congressional office made at the 
request of the individual about whom the record is maintained.
    7. A record from a system of records may be disclosed as a routine 
use to the officers and employees of the General Services 
Administration (GSA) in connection with administrative services 
provided to this Agency under agreement with GSA.
    8. Records in a system of records may be disclosed as a routine use 
to the Department of Justice, when: (a) NCUA, or any of its components 
or employees acting in their official capacities, is a party to 
litigation; or (b) Any employee of NCUA in his or her individual 
capacity is a party to litigation and where the Department of Justice 
has agreed to represent the employee; or (c) The United States is a 
party in litigation, where NCUA determines that litigation is likely to 
affect the agency or any of its components, is a party to litigation or 
has an interest in such litigation, and NCUA determines that use of 
such records is relevant and necessary to the litigation, provided, 
however, that in each case, NCUA determines that disclosure of the 
records to the Department of Justice is a use of the information 
contained in the records that is compatible with the purpose for which 
the records were collected.
    9. Records in a system of records may be disclosed as a routine use 
in a proceeding before a court or adjudicative body before which NCUA 
is authorized to appear (a) when NCUA or any of its components or 
employees are acting in their official capacities; (b) where NCUA or 
any employee of NCUA in his or her individual capacity has agreed to 
represent the employee; or (c) where NCUA determines that litigation is 
likely to affect the agency or any of its components, is a party to 
litigation or has an interest in such litigation, and NCUA determines 
that use of such records is relevant and necessary to the litigation, 
provided, however, NCUA determines that disclosure of the records to 
the Department of Justice is a use of the information contained in the 
records that is compatible with the purpose for which the records were 
collected.
    10. A record from a system of records may be disclosed to 
contractors, experts, consultants, and the agents thereof, and others 
performing or working on a contract, service, cooperative agreement, or 
other assignment for NCUA when necessary to accomplish an agency 
function or administer an employee benefit program. Individuals 
provided information under this routine use are subject to the same 
Privacy Act requirements and limitations on disclosure as are 
applicable to NCUA employees.
    11. A record from a system of records may be disclosed to 
appropriate agencies, entities, and persons when (1) NCUA suspects or 
has confirmed that

[[Page 40575]]

the security or confidentiality of information in the system of records 
has been compromised; (2) NCUA has determined that as a result of the 
suspected or confirmed compromise there is a risk of harm to economic 
or property interests, identity theft or fraud, or harm to the security 
or integrity of this system or other systems or programs (whether 
maintained by NCUA or another agency or entity) that rely upon the 
compromised information; and (3) the disclosure made to such agencies, 
entities, and persons is reasonably necessary to assist in connection 
with NCUA's efforts to respond to the suspected or confirmed compromise 
and prevent, minimize, or remedy such harm.
    12. A record from a system of records may be shared with the Office 
of Management and Budget (OMB) in connection with the review of private 
relief legislation as set forth in OMB Circular A-19 at any stage of 
the legislative coordination and clearance process as set forth in that 
circular.
    13. To another Federal agency or Federal entity, when the NCUA 
determines that information from this system of records is reasonably 
necessary to assist the recipient agency or entity in (1) responding to 
a suspected or confirmed breach or (2) preventing, minimizing, or 
remedying the risk of harm to individuals, the recipient agency or 
entity (including its information systems, programs, and operations), 
the Federal Government, or national security, resulting from a 
suspected or confirmed breach.

[FR Doc. 2018-17517 Filed 8-14-18; 8:45 am]
 BILLING CODE 7535-01-P



                                               40572                              Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices

                                               support (i) utility-wide financial                                       interventions. This activity will help to                              demand for water well beyond the end
                                               sustainability and cost recovery, (ii)                                   ensure that the benefits of the Compact                                of the Compact.
                                               utility cost savings and cost                                            reach all citizens of Ulaanbaatar and are
                                                                                                                                                                                               Compact Budget
                                               containment for operation in the ger                                     sustained over the long term.
                                               areas, (iii) improved utility operational                                  MCC estimates that the Water Supply                                    Table I presents the Compact budget
                                               efficiency, (iv) environmental                                           Project will add 64 million cubic meters                               and sets forth both the MCC funding by
                                               sustainability, industrial pre-treatment,                                to Ulaanbaatar’s long-term supply of                                   Compact components and the
                                               and pollution control, and (v) public                                    water, an 83 percent increase in total                                 Government’s expected $111.76 million
                                               communications, stakeholder                                              supply. MCC estimates this volume to                                   in a country contribution toward the
                                               engagement, and behavior change                                          be sufficient to meet the city’s growing                               objectives of the Compact.

                                                                                                                       TABLE I—MONGOLIA COMPACT BUDGET
                                                                                                                                              [In US$ millions]

                                                                                                                                                                                                                  Compact
                                                                                                                                                                                                Program         development     Total MCC
                                                                                       MCC funding by compact components                                                                     funding under     funding under     funding
                                                                                                                                                                                              section 605      section 609(g)

                                               1. Water Supply Project
                                                   1.1 Downstream Wells Activity ............................................................................................                     $223.50             $16.00        $239.50
                                                   1.2 Wastewater Recycling Activity ......................................................................................                         40.95               2.25          43.20
                                               1.3 Water Sector Sustainability Activity ......................................................................................                      17.04               2.96          20.00

                                                        Subtotal .........................................................................................................................          281.49             21.21         302.70
                                               2. Monitoring and Evaluation .......................................................................................................                  10.33              0.03          10.36
                                               3. Program Administration and Oversight ...................................................................................                           30.12              6.82          36.94

                                                                  MCC Funding .........................................................................................................             321.94             28.06         350.00


                                                    Total compact funding                       federal agencies publish in the Federal
                                                                                                   Amount                                                                                      Consumer Affairs Director, or Matthew
                                                                                                Register a notice of the existence and                                                         J. Biliouris, Director, Office of Consumer
                                               Total MCC Funding ..............         $350.00 character of records it maintains that are                                                     Financial Protection, Consumer
                                               Government of Mongolia                           retrieved by an individual identifier.                                                         Assistance, the National Credit Union
                                                  Contribution .......................   111.76 This is a republication after full review                                                      Administration, 1775 Duke Street,
                                                                                                by OMB.                                                                                        Alexandria, Virginia 22314 (Regarding
                                                    Total Compact ...............        461.76
                                                                                                DATES: Submit comments on or before                                                            the NCUA–12, Consumer Complaints
                                               [FR Doc. 2018–17574 Filed 8–14–18; 8:45 am]      September 14, 2018. This action will be                                                        Against Federal Credit Unions System),
                                               BILLING CODE 9211–03–P                           effective without further notice on                                                            or Rena Kim, Privacy Attorney, or Linda
                                                                                                September 14, 2018 unless comments                                                             Dent, Senior Agency Official for
                                                                                                are received that would result in a                                                            Privacy, Office of General Counsel, the
                                                                                                contrary determination.                                                                        National Credit Union Administration,
                                               NATIONAL CREDIT UNION                                                                                                                           1775 Duke Street, Alexandria, Virginia
                                                                                                ADDRESSES: You may submit comments
                                               ADMINISTRATION                                                                                                                                  22314, or telephone: (703) 518–6540.
                                                                                                by any of the following methods, but
                                               Privacy Act of 1974: Systems of                  please send comments by one method                                                             SUPPLEMENTARY INFORMATION:
                                               Records                                          only:                                                                                             (1) NCUA is Proposing To Update
                                                                                                   • Federal eRulemaking Portal: http://                                                       NCUA–12, Consumer Complaints
                                               AGENCY: National Credit Union                    www.regulations.gov. Follow the                                                                Against Federal Credit Unions. The
                                               Administration (NCUA).                           instructions for submitting comments.                                                          NCUA–12 Consumer Complaints
                                               ACTION: Notice of a modified system of              • NCUA Website: http://www.ncua.                                                            Against Federal Credit Unions System is
                                               records; notice of modified standard             gov/RegulationsOpinionsLaws/                                                                   being updated to reflect a change in the
                                               routine uses.                                    proposed_regs/proposed_regs.html.                                                              manner in which records are accessed
                                                                                                Follow the instructions for submitting                                                         and retrieved by examination personnel.
                                               SUMMARY: Pursuant to the Privacy Act of comments.                                                                                               The NCUA–12 system of records
                                               1974, the National Credit Union                     • Email: Address to regcomments@                                                            collects and maintains consumer
                                               Administration (NCUA) proposes the               ncua.gov. Include ‘‘[Your name]—                                                               complaints against federal credit unions
                                               following changes to: Reflect changes in Comments on NCUA Consumer                                                                              received and processed by the NCUA
                                               information access and retrieval, and            Complaints Against Federal Credit                                                              Consumer Assistance Center. The
                                               change the name of the office system             Unions SORN’’ in the email subject line.                                                       change in access will improve the
                                               owner for an existing system of records,            • Fax: (703) 518–6319. Use the                                                              effectiveness and efficiency when
                                               Consumer Complaints Against Federal              subject line described above for email.                                                        examiners conduct the required pre-
                                               Credit Unions, NCUA–12; revise the                  • Mail: Address to Gerard Poliquin,                                                         exam planning review of consumer
                                               authorities to reflect specific                  Secretary of the Board, National Credit                                                        complaints. Examiners may securely
daltland on DSKBBV9HB2PROD with NOTICES




                                               programmatic authority for collecting,           Union Administration, 1775 Duke                                                                view consumer complaints, credit union
                                               maintaining, using, and disseminating            Street, Alexandria, Virginia 22314–                                                            responses, supporting documentation
                                               the information; and add a routine use           3428.                                                                                          about complaints, and consumer
                                               to all NCUA Systems of Records as part              • Hand Delivery/Courier: Same as                                                            protection violations concerning the
                                               of our Standard Routine Uses. These              mail address.                                                                                  credit unions in their assigned region.
                                               actions are necessary to meet the                FOR FURTHER INFORMATION CONTACT:                                                               The update includes a change to the
                                               requirements of the Privacy Act that             Morgan M. Rogers, Division of                                                                  office system owner’s name resulting


                                          VerDate Sep<11>2014        18:28 Aug 14, 2018         Jkt 244001      PO 00000       Frm 00074       Fmt 4703      Sfmt 4703      E:\FR\FM\15AUN1.SGM       15AUN1


                                                                          Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices                                             40573

                                               from a reorganization. The Consumer                     PURPOSE(S) OF THE SYSTEM:                             disclosed outside the NCUA as a routine
                                               Assistance Center is a component                          The system supports the NCUA’s                      use as follows:
                                               within NCUA’s previous Office of                        supervisory oversight and enforcement                    (1) Information may be disclosed to
                                               Consumer Financial Protection and                       responsibilities to intake and respond to             officials of federal credit unions and
                                               Access, now reorganized and renamed                     consumer inquiries, complaints and                    other persons mentioned in a complaint
                                               the Office of Consumer Financial                        other communications from the general                 or identified during an investigation.
                                               Protection (OCFP).                                      public, credit unions and other state and                (2) Disclosures may be made to the
                                                  (2) NCUA is Proposing To Revise the                  federal government banking and law                    Federal Reserve Board, other federal
                                               Authorities for Maintenance of the                      enforcement agencies regarding federal                financial regulatory agencies, the
                                               System To Reflect Specific                              consumer financial protection laws,                   Federal Financial Institutions
                                               Programmatic Authority for Collecting,                  regulations and credit union activity.                Examination Council, the White House
                                               Maintaining, Using, and Disseminating                                                                         Office of Consumer Affairs, and the
                                               the Information. We are revising the                    CATEGORIES OF INDIVIDUALS COVERED BY THE
                                                                                                                                                             Congress, or any of its authorized
                                                                                                       SYSTEM:
                                               authorities to reflect specific                                                                               committees in fulfilling reporting
                                               programmatic authority for collecting,                     Individuals who are members of the                 requirements or assessing
                                               maintaining, using, and disseminating                   public that contact the NCUA’s                        implementation of applicable laws and
                                               the information.                                        Consumer Assistance Center by                         regulations. (Such disclosures will be
                                                  (3) NCUA is Proposing To Add One                     telephone, written correspondence and                 made in a non-identifiable manner
                                               Routine Use to Our Standard Routine                     web search, including both general                    when feasible and appropriate.)
                                               Uses. This additional routine use will                  inquiries and complaints concerning                      (3) Referrals may also be made to
                                               facilitate the sharing of NCUA’s                        federal financial consumer protection                 other federal and nonfederal
                                               information with another agency in its                  matters within credit unions.                         supervisory or regulatory authorities
                                               efforts to respond to a breach. It will                 CATEGORIES OF RECORDS IN THE SYSTEM:                  when the subject matter is a complaint
                                               ensure that NCUA meets the                                                                                    or inquiry which is more properly
                                               requirements of OMB M–17–12                               This system contains correspondence
                                                                                                       and records of other communications                   within such agency’s jurisdiction.
                                               ‘‘Preparing for and Responding to a                                                                              (4) NCUA’s Standard Routine Uses
                                               Breach of Personally Identifiable                       between the NCUA and the individual
                                                                                                       submitting a complaint or making an                   apply to this system of records.
                                               Information.’’
                                                  In addition to the substantive updates               inquiry, including copies of supporting               POLICIES AND PRACTICES FOR STORAGE OF
                                               described above, the NCUA has                           documents and contact information                     RECORDS:
                                               modified the format of NCUA–12 to                       supplied by the individual. This system                 Records are stored electronically and
                                               align with the guidance set forth in                    may also contain regulatory and                       physically.
                                               OMB Circular A–108. NCUA–12 and all                     supervisory communications between
                                               of NCUA’s Standard Routine Uses are                     the NCUA and the NCUA-insured credit                  POLICIES AND PRACTICES FOR RETRIEVABILITY
                                                                                                       union in question and/or intra-agency or              OF RECORDS:
                                               published in full below. For
                                               convenience, modified language is                       inter-agency memoranda or                               Records are retrieved by individual
                                               identified in italics. All of the NCUA’s                correspondence relevant to the                        identifiers such as individual
                                               SORNs are available at www.ncua.gov.                    complaint or inquiry.                                 complainant’s name.
                                                 By the National Credit Union                          RECORD SOURCE CATEGORIES:                             POLICIES AND PRACTICES FOR RETENTION AND
                                               Administration Board on August 9, 2018.                   Information is provided by the                      DISPOSAL OF RECORDS:
                                               Gerard Poliquin,                                        individual complainant, and his or her                  All records, including audio records,
                                               Secretary of the Board.                                 representative such as, a member of                   are retained in a secure and encrypted
                                                                                                       Congress or an attorney. Information is               cloud-based storage system for a period
                                               SYSTEM NAME AND NUMBER
                                                                                                       also provided by federal credit union                 of seven years consistent with the
                                                 Consumer Complaints Against                           officials and employees. Information is               National Archives and Records
                                               Federal Credit Unions—NCUA–12.                          provided by the individual to whom the                Administration records retention
                                               SECURITY CLASSIFICATION:                                record pertains, internal agency records,             schedule.
                                                  None.                                                and investigative and other record
                                                                                                                                                             ADMINISTRATIVE, TECHNICAL AND PHYSICAL
                                                                                                       material compiled in the course of an
                                                                                                                                                             SAFEGUARDS:
                                               SYSTEM LOCATION:                                        investigation, or furnished by other state
                                                 NCUA Consumer Assistance Center,                      and federal financial regulatory and law                Information in the system is
                                               Office of Consumer Financial                            enforcement government agencies.                      safeguarded in accordance with the
                                               Protection, National Credit Union                                                                             applicable laws, rules and policies
                                               Administration, 1775 Duke Street,
                                                                                                       ROUTINE USES OF RECORDS MAINTAINED IN THE             governing the operation of federal
                                                                                                       SYSTEM, INCLUDING CATEGORIES OF USERS AND             information systems.
                                               Alexandria, VA 22314–3428. Third                        THE PURPOSES OF SUCH USES:
                                               party service provider, Salesforce.com,                    The NCUA’s Consumer Assistance                     RECORD ACCESS PROCEDURES:
                                               Inc. The Landmark at One Market, Suite                  Center uses these records to document                   Individuals wishing access to their
                                               300, San Francisco, CA 94105.                           the submission of and responses to                    records should submit a written request
                                               SYSTEM MANAGER(S):                                      consumer inquiries, complaints and                    to the Senior Agency Official for
                                                 Division of Consumer Affairs Director,                other communications from the general                 Privacy, NCUA, 1775 Duke Street,
                                               Office of Consumer Financial                            public regarding federal consumer                     Alexandria, VA 22314, and provide the
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                                               Protection, National Credit Union                       financial protection laws, regulations                following information:
                                               Administration, 1775 Duke Street,                       and credit union activity.                              1. Full name.
                                               Alexandria, Virginia 22314–3428.                           In addition to those disclosures                     2. Any available information
                                                                                                       generally permitted under 5 U.S.C.                    regarding the type of record involved.
                                               AUTHORITY FOR MAINTENANCE OF THE SYSTEM:                552a(b) of the Privacy Act, all or a                    3. The address to which the record
                                                 12 U.S.C. 1752a, 12 U.S.C. 1766, 12                   portion of the records or information                 information should be sent.
                                               U.S.C. 1784(a), and 12 U.S.C. 1789.                     contained in this system may be                         4. You must sign your request.


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                                               40574                      Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices

                                                 Attorneys or other persons acting on                  regulation, and whether arising by                    Services Administration (GSA) in
                                               behalf of an individual must provide                    general statute or particular program                 connection with administrative services
                                               written authorization from that                         statute, or by regulation, rule, or order,            provided to this Agency under
                                               individual for the representative to act                the relevant records in the system or                 agreement with GSA.
                                               on their behalf. Individuals requesting                 records may be disclosed as a routine                    8. Records in a system of records may
                                               access must also comply with NCUA’s                     use to the appropriate agency, whether                be disclosed as a routine use to the
                                               Privacy Act regulations regarding                       federal, state, local, or foreign, charged            Department of Justice, when: (a) NCUA,
                                               verification of identity and access to                  with the responsibility of investigating              or any of its components or employees
                                               records (12 CFR 792.55).                                or prosecuting such violation or charged              acting in their official capacities, is a
                                                                                                       with enforcing or implementing the                    party to litigation; or (b) Any employee
                                               CONTESTING RECORD PROCEDURES:                           statute, rule, regulation, or order issued            of NCUA in his or her individual
                                                 Individuals wishing to request an                     pursuant thereto.                                     capacity is a party to litigation and
                                               amendment to their records should                          2. A record from a system of records               where the Department of Justice has
                                               submit a written request to the Senior                  may be disclosed as a routine use to a                agreed to represent the employee; or (c)
                                               Agency Official for Privacy, NCUA,                      federal, state, or local agency which                 The United States is a party in litigation,
                                               1775 Duke Street, Alexandria, VA                        maintains civil, criminal, or other                   where NCUA determines that litigation
                                               22314, and provide the following                        relevant enforcement information or                   is likely to affect the agency or any of
                                               information:                                            other pertinent information, such as                  its components, is a party to litigation
                                                 1. Full name.                                         current licenses, if necessary, to obtain             or has an interest in such litigation, and
                                                 2. Any available information                          information relevant to an agency                     NCUA determines that use of such
                                               regarding the type of record involved.                  decision concerning the hiring or                     records is relevant and necessary to the
                                                 3. A statement specifying the changes                 retention of an employee, the issuance                litigation, provided, however, that in
                                               to be made in the records and the                       of a security clearance, the letting of a             each case, NCUA determines that
                                               justification therefore.                                contract, or the issuance of a license,               disclosure of the records to the
                                                 4. The address to which the response                  grant, or other benefit.                              Department of Justice is a use of the
                                               should be sent.                                            3. A record from a system of records               information contained in the records
                                                 5. You must sign your request.                        may be disclosed as a routine use to a                that is compatible with the purpose for
                                                 Attorneys or other persons acting on                  federal agency, in response to its                    which the records were collected.
                                               behalf of an individual must provide                    request, for a matter concerning the                     9. Records in a system of records may
                                               written authorization from that                         hiring or retention of an employee, the               be disclosed as a routine use in a
                                               individual for the representative to act                issuance of a security clearance, the                 proceeding before a court or
                                               on their behalf.                                        reporting of an investigation of an                   adjudicative body before which NCUA
                                                                                                       employee, the letting of a contract, or               is authorized to appear (a) when NCUA
                                               NOTIFICATION PROCEDURES:                                the issuance of a license, grant, or other            or any of its components or employees
                                                 Individuals wishing to learn whether                  benefit by the requesting agency, to the              are acting in their official capacities; (b)
                                               this system of records contains                         extent that the information is relevant               where NCUA or any employee of NCUA
                                               information about them should submit a                  and necessary to the requesting agency’s              in his or her individual capacity has
                                               written request to the Senior Agency                    decision in the matter.                               agreed to represent the employee; or (c)
                                               Official for Privacy, NCUA, 1775 Duke                      4. A record from a system of records               where NCUA determines that litigation
                                               Street, Alexandria, VA 22314, and                       may be disclosed as a routine use to an               is likely to affect the agency or any of
                                               provide the following information:                      authorized appeal grievance examiner,                 its components, is a party to litigation
                                                 1. Full name.                                         formal complaints examiner, equal                     or has an interest in such litigation, and
                                                 2. Any available information                          employment opportunity investigator,                  NCUA determines that use of such
                                               regarding the type of record involved.                  arbitrator or other duly authorized                   records is relevant and necessary to the
                                                 3. The address to which the record                    official engaged in investigation or                  litigation, provided, however, NCUA
                                               information should be sent.                             settlement of a grievance, complaint, or              determines that disclosure of the
                                                 4. You must sign your request.                        appeal filed by an employee. Further, a               records to the Department of Justice is
                                                 Attorneys or other persons acting on                  record from any system of records may                 a use of the information contained in
                                               behalf of an individual must provide                    be disclosed as a routine use to the                  the records that is compatible with the
                                               written authorization from that                         Office of Personnel Management in                     purpose for which the records were
                                               individual for the representative to act                accordance with the agency’s                          collected.
                                               on their behalf. Individuals requesting                 responsibility for evaluation and                        10. A record from a system of records
                                               access must also comply with NCUA’s                     oversight of federal personnel                        may be disclosed to contractors, experts,
                                               Privacy Act regulations regarding                       management.                                           consultants, and the agents thereof, and
                                               verification of identity and access to                     5. A record from a system of records               others performing or working on a
                                               records (12 CFR 792.55).                                may be disclosed as a routine use to                  contract, service, cooperative agreement,
                                                                                                       officers and employees of a federal                   or other assignment for NCUA when
                                               HISTORY:                                                agency for purposes of audit.                         necessary to accomplish an agency
                                                  This system of records notice was                       6. A record from a system of records               function or administer an employee
                                               originally published in 65 FR 3486                      may be disclosed as a routine use to a                benefit program. Individuals provided
                                               (January 21, 2000). It was republished                  member of Congress or to a                            information under this routine use are
                                               (but not substantively changed in 75 FR                 congressional staff member in response                subject to the same Privacy Act
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                                               41539 (July 16, 2010), and 71 FR 77807                  to an inquiry from the congressional                  requirements and limitations on
                                               (December 27, 2006).                                    office made at the request of the                     disclosure as are applicable to NCUA
                                                                                                       individual about whom the record is                   employees.
                                               NCUA’S STANDARD ROUTINE USES:                           maintained.                                              11. A record from a system of records
                                                 1. If a record in a system of records                    7. A record from a system of records               may be disclosed to appropriate
                                               indicates a violation or potential                      may be disclosed as a routine use to the              agencies, entities, and persons when (1)
                                               violation of civil or criminal law or a                 officers and employees of the General                 NCUA suspects or has confirmed that


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                                                                          Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices                                                 40575

                                               the security or confidentiality of                      individuals whose information is                        System Name and Number: NCUA–5,
                                               information in the system of records has                covered by NCUA–5 (NCUA                               Unofficial Personnel and Employee
                                               been compromised; (2) NCUA has                          employees). Rather, the rescission will               Development/Correspondence Records.
                                               determined that as a result of the                      increase the NCUA’s compliance with                     History: The NCUA originally
                                               suspected or confirmed compromise                       OMB Circular A–108, Section 6, i.                     published NCUA–5 on January 21, 2001
                                               there is a risk of harm to economic or                  (December 23, 2016).                                  (65 FR 3486). The NCUA republished
                                               property interests, identity theft or                   DATES: There are no dates associated                  NCUA–5 on December 27, 2006 (71 FR
                                               fraud, or harm to the security or                       with this rescission because the records              77807), and July 16, 2010 (75 FR 41539).
                                               integrity of this system or other systems               will continue to be maintained pursuant               Both of the publications were of full
                                               or programs (whether maintained by                      to OPM/GOVT–1 and OPM/GOVT–2.                         republications of the NCUA’s SORNs,
                                               NCUA or another agency or entity) that                  ADDRESSES: You may submit comments                    neither of which included substantive
                                               rely upon the compromised                               by any of the following methods, but                  changes to NCUA–5.
                                               information; and (3) the disclosure                     please send comments by one method                      By the National Credit Union
                                               made to such agencies, entities, and                    only:                                                 Administration Board on August 9, 2018.
                                               persons is reasonably necessary to assist                  • Federal eRulemaking Portal: http://              Gerard Poliquin,
                                               in connection with NCUA’s efforts to                    www.regulations.gov. Follow the                       Secretary of the Board.
                                               respond to the suspected or confirmed                   instructions for submitting comments.                 [FR Doc. 2018–17518 Filed 8–14–18; 8:45 am]
                                               compromise and prevent, minimize, or                       • NCUA Website: http://www.ncua.                   BILLING CODE P
                                               remedy such harm.                                       gov/RegulationsOpinionsLaws/
                                                  12. A record from a system of records                proposed_regs/proposed_regs.html.
                                               may be shared with the Office of                        Follow the instructions for submitting
                                               Management and Budget (OMB) in                                                                                NATIONAL FOUNDATION ON THE
                                                                                                       comments.
                                                                                                                                                             ARTS AND THE HUMANITIES
                                               connection with the review of private                      • Email: Address to regcomments@
                                               relief legislation as set forth in OMB                  ncua.gov. Include ‘‘[Your name]—                      National Endowment for the
                                               Circular A–19 at any stage of the                       Comments on NCUA Consumer                             Humanities
                                               legislative coordination and clearance                  Complaints Against Federal Credit
                                               process as set forth in that circular.                  Unions SORN’’ in the email subject line.              Meeting of Humanities Panel
                                                  13. To another Federal agency or                        • Fax: (703) 518–6319. Use the
                                               Federal entity, when the NCUA                           subject line described above for email.               AGENCY: National Endowment for the
                                               determines that information from this                      • Mail: Address to Gerard Poliquin,                Humanities.
                                               system of records is reasonably                         Secretary of the Board, National Credit               ACTION: Notice of meeting.
                                               necessary to assist the recipient agency                Union Administration, 1775 Duke
                                               or entity in (1) responding to a                        Street, Alexandria, Virginia 22314–                   SUMMARY:   The National Endowment for
                                               suspected or confirmed breach or (2)                    3428.                                                 the Humanities will hold six meetings
                                               preventing, minimizing, or remedying                       • Hand Delivery/Courier: Same as                   of the Humanities Panel, a federal
                                               the risk of harm to individuals, the                    mail address.                                         advisory committee, during September
                                               recipient agency or entity (including its                                                                     2018. The purpose of the meetings is for
                                                                                                       FOR FURTHER INFORMATION CONTACT:
                                               information systems, programs, and                                                                            panel review, discussion, evaluation,
                                                                                                       Linda Dent, Senior Agency Official for
                                               operations), the Federal Government, or                                                                       and recommendation of applications for
                                                                                                       Privacy, Office of General Counsel, the
                                               national security, resulting from a                                                                           financial assistance under the National
                                                                                                       National Credit Union Administration,
                                               suspected or confirmed breach.                                                                                Foundation on the Arts and Humanities
                                                                                                       1775 Duke Street, Alexandria, Virginia
                                                                                                                                                             Act of 1965.
                                               [FR Doc. 2018–17517 Filed 8–14–18; 8:45 am]             22314, or telephone: (703) 518–6540.
                                                                                                                                                             DATES: See SUPPLEMENTARY INFORMATION
                                               BILLING CODE 7535–01–P                                  SUPPLEMENTARY INFORMATION: The
                                                                                                                                                             for meeting dates. The meetings will
                                                                                                       NCUA is proposing to rescind NCUA–
                                                                                                                                                             open at 8:30 a.m. and will adjourn by
                                                                                                       5, Unofficial Personnel and Employee
                                               NATIONAL CREDIT UNION                                                                                         5:00 p.m. on the dates specified below.
                                                                                                       Development/Correspondence Records
                                               ADMINISTRATION                                          because the records covered by NCUA–                  ADDRESSES: The meetings will be held at
                                                                                                       5 are also covered by government-wide                 Constitution Center at 400 7th Street
                                               Privacy Act of 1974; System of                          SORNs, OPM/GOVT–1 and OPM/                            SW, Washington, DC 20506, unless
                                               Records                                                 GOVT–2. Following the rescission of                   otherwise indicated.
                                               AGENCY:  National Credit Union                          NCUA–5, the NCUA will continue to                     FOR FURTHER INFORMATION CONTACT:
                                               Administration.                                         maintain and use the records as it                    Elizabeth Voyatzis, Committee
                                                                                                       previously had, but will rely on the                  Management Officer, 400 7th Street SW,
                                               ACTION: Rescindment of a system of
                                                                                                       government-wide SORNs opposed to its                  Room 4060, Washington, DC 20506;
                                               records notice.
                                                                                                       own. A side-by-side comparison of the                 (202) 606–8322; evoyatzis@neh.gov.
                                               SUMMARY:   NCUA–5, Unofficial                           types of records, the purposes and the                SUPPLEMENTARY INFORMATION: Pursuant
                                               Personnel and Employee Development/                     routine uses in NCUA–5 and those in                   to section 10(a)(2) of the Federal
                                               Correspondence Records is a system of                   OPM/GOVT–1 and OPM/GOVT–2 was                         Advisory Committee Act (5 U.S.C.
                                               records that covers unofficial personnel                conducted to ensure the proposed                      App.), notice is hereby given of the
                                               and related records maintained by                       rescission would not orphan any                       following meetings:
                                               NCUA staff to facilitate day-to-day                     Privacy Act records and was otherwise                 1. Date: September 5, 2018
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                                               administrative activities. The records                  in keeping with the spirit of the Privacy                This meeting will discuss
                                               are covered by OPM/GOVT–1 and OPM/                      Act’s notice related provisions. The                  applications on the topic of U.S.
                                               GOVT–2 and therefore, the NCUA is                       NCUA’s proposal to rescind NCUA–5 is                  History, for the Digital Projects for the
                                               proposing that NCUA–5 be rescinded.                     part of an effort on the NCUA’s part to               Public (Production) grant program,
                                               The rescission will not affect business                 increase compliance with OMB Circular                 submitted to the Division of Public
                                               and will likewise not create any                        A–108, Section 6, i. (December 23,                    Programs.
                                               additional privacy risks for the                        2016).                                                2. Date: September 6, 2018


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Document Created: 2018-08-15 01:26:06
Document Modified: 2018-08-15 01:26:06
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of a modified system of records; notice of modified standard routine uses.
DatesSubmit comments on or before September 14, 2018. This action will be effective without further notice on September 14, 2018 unless comments are received that would result in a contrary determination.
ContactMorgan M. Rogers, Division of Consumer Affairs Director, or Matthew J. Biliouris, Director, Office of Consumer Financial Protection, Consumer Assistance, the National Credit Union Administration, 1775 Duke Street, Alexandria, Virginia 22314 (Regarding the NCUA-12, Consumer Complaints Against Federal Credit Unions System), or Rena Kim, Privacy Attorney, or Linda Dent, Senior Agency Official for Privacy, Office of General Counsel, the National Credit Union Administration, 1775 Duke Street, Alexandria, Virginia 22314, or telephone: (703) 518-6540.
FR Citation83 FR 40572 

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