Revisions for the Freedom of Information Act and Privacy Act Regulations, 22289-22294 [E8-8948]

Agencies

• National Credit Union Administration

[Federal Register Volume 73, Number 81 (Friday, April 25, 2008)]
[Proposed Rules]
[Pages 22289-22294]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-8948]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 73, No. 81 / Friday, April 25, 2008 / 
Proposed Rules

[[Page 22289]]



NATIONAL CREDIT UNION ADMINISTRATION

12 CFR Part 792

RIN 3133-AD44


Revisions for the Freedom of Information Act and Privacy Act 
Regulations

AGENCY: National Credit Union Administration.

ACTION: Proposed rule.

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

SUMMARY: The NCUA Board is proposing changes to its Freedom of 
Information Act (FOIA) and the Privacy Act regulations. The changes to 
FOIA provisions largely relate to recent amendments to the Freedom of 
Information Act addressing several procedural issues concerning fee 
practices, time limits for complying with requests, and new reporting 
requirements. The changes to Privacy Act provisions reflect the 
agency's efforts to clarify the procedures whereby individuals may 
obtain notification of whether an NCUA system of records contains 
information about the individual and access or amend a record.

DATES: Comments must be received on or before June 24, 2008.

ADDRESSES: You may submit comments by any of the following methods 
(please send comments by one method only):
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     NCUA Web Site: https://www.ncua.gov/
RegulationsOpinionsLaws/proposed_regs/proposed_regs.html. Follow the 
instructions for submitting comments.
     E-mail: Address to regcomments@ncua.gov. Include ``[Your 
name] Comments on Proposed Rule (FOIA/Privacy Act)'' in the e-mail 
subject line.
     Fax: (703) 518-6319. Use the subject line described above 
for e-mail.
     Mail: Address to Mary Rupp, 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: Linda K. Dent, Staff Attorney, Office 
of General Counsel, at the above address or telephone (703) 518-6540.

SUPPLEMENTARY INFORMATION: NCUA's policy is to review regulations 
periodically to ``update, clarify and simplify existing regulations and 
eliminate redundant and unnecessary provisions.'' Interpretive Ruling 
and Policy Statement (IRPS) 87-2, Developing and Reviewing Government 
Regulations. NCUA notifies the public about the review, which is 
conducted on a rolling basis so that a third of its regulations are 
reviewed each year. The changes in this proposed rule are the result of 
NCUA review under IRPS 87-2.

A. Background

Freedom of Information

    The Openness Promotes Effectiveness in our National Government Act 
of 2007, (OPEN Government Act) was signed into law by the President on 
December 31, 2007. The OPEN Government Act of 2007 consists of several 
amendments to the Freedom of Information Act (FOIA) affecting FOIA 
administration. While many of the provisions are not effective until 
December 31, 2008, NCUA is using the opportunity of its periodic 
regulatory review to update its FOIA regulations to comply with the 
requirements of the Act. NCUA's FOIA provisions address: Types of 
agency records; their availability or exemption from release; 
procedures for requesting access to records; processing times; fees; 
appeals; and handling of FOIA requests involving confidential 
commercial information. NCUA publishes its FOIA rules at part 792, 
subpart A of the agency's regulations.

Privacy

    The Privacy Act of 1974 places requirements on federal agencies 
regarding the collection, maintenance, distribution, and security of an 
individual's personal information that is contained in an agency's 
systems of records. Pursuant to the Privacy Act, NCUA publishes a 
Notice of Systems of Records that informs the public of each system of 
records the agency maintains, describes the nature and routine use of 
records in the system, identifies the system manager responsible for 
the system including contact information, and provides procedures 
whereby individuals may determine whether a system contains a record 
pertaining to them, gain access to records pertaining to them, or seek 
to amend or correct information in a record about them. The Notice of 
Systems of Records is published in the Federal Register and also is 
available on NCUA's Web site at https://www.ncua.gov.
    The Privacy Act also requires each federal agency to publish rules 
describing its Privacy Act procedures and any system of records it 
exempts from provisions of the Act, including the reasons for the 
exemption. NCUA publishes its rules at part 792, subpart E; the rules 
provide individuals with detailed information regarding the exercise of 
their rights under the Privacy Act, identifies and describes the NCUA 
systems of records that are exempt from provisions of the Privacy Act, 
and provides standards for NCUA employees regarding collecting, using, 
maintaining, or disseminating records.

B. Proposed Changes

Freedom of Information

    The Board proposes several housekeeping changes to correct address 
information, cross-references, grammar and punctuation. More 
substantively, the Board proposes several changes designed to 
facilitate submissions of proper FOIA requests including where requests 
may be sent, how requests must be addressed, and what information must 
be included in a request. The Board also proposes to clarify the 
conditions and time periods for processing requests and to describe the 
circumstances that may halt or extend processing times.
    Under the FOIA, federal agencies have a prescribed period of time 
to process requests for information. The Open Government Act clarifies 
the processing period begins on the date the request is first received 
by the appropriate information center, but in any event, no later than 
ten days after first received by any agency designated FOIA information 
center. The Open Government Act also clarifies the circumstances for 
tolling the processing time versus extending the processing

[[Page 22290]]

time in unusual circumstances. The proposed changes incorporate this 
information into the regulation by clearly identifying NCUA's 
Information Centers and their addresses, and describing required 
content for the request letter. The changes are intended to minimize 
delays caused by requests being sent to an inappropriate office or 
lacking necessary and sufficient information. The proposed rule 
clarifies that for the purpose of computing the time from which the 
agency must respond to the request, a FOIA request will not be 
considered received until these requirements are met.
    In Sec.  792.11, paragraph (a)(6), the Board proposes to clarify 
two circumstances where records, typically exempt from disclosure, may 
be released. Generally, an individual's records are exempt from 
disclosure to other persons if the release would constitute an invasion 
of personal privacy. However, where the requester provides the subject 
person's written consent to the release of his or her records or proof 
of the subject person's death, disclosure is permissible.

Privacy

    The Board proposes several housekeeping changes to the regulation 
to correct cross-references, grammar and punctuation. The Board also 
proposes a change in nomenclature and additional definitions to improve 
understanding of rights and requirements under the regulation. For 
example, the term ``system manager'' would replace ``NCUA official'' to 
more specifically identify the person responsible for a system of 
records and to use nomenclature consistent with that used in the Notice 
of Systems of Records published in the Federal Register. Definitions 
would be added for ``Notice of Systems of Records,'' ``system manager'' 
and ``working day.''
    The Board proposes to revise language in various sections of the 
regulation to clarify that requests must be submitted in writing to the 
appropriate system manager generally, or to other staff as specified, 
and identifying the nature of the request on both the envelope and 
letter. The Board proposes to remove language which permitted 
individuals to submit requests via telephone because of the 
difficulties telephone requests present in meeting the regulation's 
identification requirements. These changes are intended to facilitate 
recordkeeping and the timely processing of Privacy Act requests. 
Revisions are proposed also for sections concerning medical records and 
the basis for exemptions of certain of NCUA's systems of records from 
provisions of the Privacy Act.

Request for Comment

    The NCUA Board is interested in receiving comments on the proposed 
amendments to subparts A and E of part 792.

Regulatory Procedures

Paperwork Reduction Act

    In accordance with the requirements of the Paperwork Reduction Act 
(PRA) of 1995 (44 U.S.C. 3506; 5 CFR part 1320 Appendix A.1), the Board 
has reviewed the proposed rule and determined it does not contain a 
collection of information subject to the PRA.

Regulatory Flexibility Act

    The Regulatory Flexibility Act requires NCUA to prepare an analysis 
to describe any significant economic impact a proposed rule may have on 
a substantial number of small credit unions (those under $10 million in 
assets). This proposed rule does not impose any requirements on 
federally-insured credit unions. Therefore, it will not have a 
significant economic impact on a substantial number of small credit 
unions and a regulatory flexibility analysis is not required.

Executive Order 13132

    Executive Order 13132 encourages independent regulatory agencies to 
consider the impact of their actions on state and local interests. In 
adherence to fundamental federalism principles, NCUA, an independent 
regulatory agency as defined in 44 U.S.C. 3502(5), voluntarily complies 
with the executive order. The proposed rule would not have substantial 
direct effects on the states, on the connection between the national 
government and the states, or on the distribution of power and 
responsibilities among the various levels of government. NCUA has 
determined that this proposed rule does not constitute a policy that 
has federalism implications for purposes of the executive order.

The Treasury and General Government Appropriations Act, 1999--
Assessment of Federal Regulations and Policies on Families

    NCUA has determined that this proposed rule would not affect family 
well-being within the meaning of section 654 of the Treasury and 
General Government Appropriations Act, 1999, Public Law 105-277, 112 
Stat. 2681 (1998).

List of Subjects in 12 CFR Part 792

    Administrative practice and procedure, Credit unions, Freedom of 
Information, Information, Privacy, Records, System of records.

    By the National Credit Union Administration Board on April 17, 
2008.
Mary Rupp,

Secretary of the Board.
    For the reasons stated in the preamble, the National Credit Union 
Administration proposes to amend 12 CFR part 792 as set forth below:

PART 792--REQUESTS FOR INFORMATION UNDER THE FREEDOM OF INFORMATION 
ACT AND PRIVACY ACT, AND BY SUBPOENA; SECURITY PROCEDURES FOR 
CLASSIFIED INFORMATION

    1. The authority citation for part 792 continues to read as 
follows:

     Authority: 5 U.S.C. 301, 552, 552a, 552b; 12 U.S.C. 1752a(d), 
1766, 1789, 1795f; E.O. 12600, 52 FR 23781, 3 CFR, 1987 Comp., 
p.235; E.O. 12958, 60 FR 19825, 3 CFR, 1995 Comp., p.333.

    2. In Sec.  792.3, revise the fourth sentence of the introductory 
text and the last sentence of paragraph (c) to read as follows:


Sec.  792.3  How will I know which records to request?

    * * * You may obtain copies of indices by making a request to the 
NCUA, Office of General Counsel, 1775 Duke Street, Alexandria, VA 
22314-2387, Attn: FOIA Officer or as indicated on the NCUA Web site at 
https://www.ncua.gov. * * *
* * * * *
    (c) * * * The Popular FOIA Index is available on the NCUA web site.
    3. In Sec.  792.4, revise paragraph (a) to read as follows:


Sec.  792.4  How can I obtain these records?

* * * * *
    (a) You may obtain copies of the records referenced in Sec.  792.2 
by obtaining the index referred to in Sec.  792.3 and following the 
ordering instructions it contains, or by making a written request to 
NCUA, Office of General Counsel, 1775 Duke Street, Alexandria, Virginia 
22314-3428, Attn: FOIA Officer or as indicated on the NCUA Web site.
* * * * *
    4. In Sec.  792.7, revise the first sentence of paragraph (a) and 
paragraph (b) to read as follows:


Sec.  792.7  Where do I send my request?

    (a) You must send your written request to one of NCUA's Information 
Centers. * * *

[[Page 22291]]

    (b) If you are seeking any NCUA record, other than those maintained 
by the Office of Inspector General, you should send your request to 
NCUA, Office of the General Counsel, 1775 Duke Street, Alexandria, 
Virginia 22314-3428, Attn: FOIA Officer or as indicated on the NCUA Web 
site at https://www.ncua.gov.
* * * * *
    5. In Sec.  792.8, revise the introductory text and revise 
paragraph (a) to read as follows:


Sec.  792.8  What must I include in my request?

    Until an Information Center receives your FOIA request, it is not 
obligated to search for responsive records, meet time deadlines, or 
release any records. A request will not be considered received if it 
does not include all of the items in paragraphs (a) through (c) of this 
section.
    (a) Your request must be in writing and include the words ``FOIA 
REQUEST'' on both the envelope and request letter. The request letter 
must also include your name, address and a telephone number where you 
can be reached during normal business hours. If you would like us to 
respond to your FOIA request by electronic mail (e-mail), you should 
include your e-mail address.
* * * * *
    6. In Sec.  792.10, revise the second sentence of paragraph (a), 
the last sentence of paragraph (b) and the second sentence of paragraph 
(e) to read as follows:


Sec.  792.10  What will NCUA do with my request?

    (a) * * * The date of receipt for any request, including one that 
is addressed incorrectly or is forwarded to NCUA by another agency, is 
the earlier of the date the appropriate Information Center actually 
receives the request or 10 working days after either of NCUA's 
Information Centers receives the request.
    (b) * * * All other requests will be handled under normal 
processing procedures in the order they were received.
* * * * *
    (e) * * * If we notify you of a denial of your request, we will 
include the reason for the denial.
* * * * *
    7. In Sec.  792.11, revise paragraph (a)(6) by removing the first 
sentence and adding three sentences in its place to read as follows:


Sec.  792.11  What kind of records are exempt from public disclosure?

    (a) * * *
    (6) Personnel, medical, and similar files (including financial 
files) pertaining to another person, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy without 
the subject person's written consent or proof of death. Written consent 
consists of a written statement by the subject person, authorizing the 
release of the information to you, and including either the subject 
person's notarized signature or a declaration made under penalty of 
perjury that the statement is true and correct. Proof of death consists 
of evidence that the subject of your request is deceased--such as a 
death certificate, a newspaper obituary, or some comparable proof of 
death. * * *
* * * * *
    8. In Sec.  792.15, revise paragraph (a) to read as follows:


Sec.  792.15  How long will it take to process my request?

* * * * *
    (a)(1) Where the running of such time is suspended while:
    (i) The Information Center awaits additional information from the 
requester. A suspension of time for this purpose may occur only once 
during the processing period; and
    (ii) The Information Center clarifies with the requester issues 
regarding the payment of fees pursuant to Sec.  792.26.
    (2) The Information Center's receipt of the requester's response to 
the request for additional information or clarification ends the 
tolling period;
* * * * *
    9. Revise Sec.  792.17 to read as follows:


Sec.  792.17  What can I do if the time limit passes and I still have 
not received a response?

    If NCUA does not comply with the time limits under Sec.  792.15, or 
as extended under Sec.  792.16, you do not have to pay search fees; 
requesters qualifying for free search fees will not have to pay 
duplication fees. You also can file suit against NCUA because you will 
be deemed to have exhausted your administrative remedies if NCUA fails 
to comply with the time limit provisions of this subpart. If NCUA can 
show that exceptional circumstances exist and that it is exercising due 
diligence in responding to your request, the court may retain 
jurisdiction and allow NCUA to complete its review of the records. In 
determining whether exceptional circumstances exist, the court may 
consider your refusal to modify the scope of your request or arrange an 
alternative time frame for processing after being given the opportunity 
to do so by NCUA, when it notifies you of the existence of unusual 
circumstances as set forth in Sec.  792.16.
    10. In Sec.  792.18, revise the first sentence of paragraph (b) to 
read as follows:


Sec.  792.18  What if my request is urgent and I cannot wait for the 
records?

* * * * *
    (b) In response to a request for expedited processing, the 
Information Center will notify you of the determination within ten 
working days of receipt of the request. * * *
* * * * *
    11. In Sec.  792.19, revise paragraph (c)(1) to read as follows:


Sec.  792.19  How does NCUA calculate the fees for processing my 
request?

* * * * *
    (c) * * *
    (1) The per-page fee for paper copy reproduction of a document is 
$.10;
* * * * *
    12. In Sec.  792.27, revise paragraphs (a)(1) through (a)(4) to 
read as follows:


Sec.  792.27  Can fees be reduced or waived?

* * * * *
    (a) * * *
    (1) Whether the subject of the requested records concerns 
identifiable operations or activities of the government, with a 
connection that is direct and clear;
    (2) Whether the disclosable portions of the requested records are 
meaningfully informative about government operations and activities in 
order to be likely to contribute to an understanding of government 
operations or activities. Information already in the public domain, 
either in a duplicate or substantially identical form where nothing new 
would be added to the public's understanding, would not be meaningfully 
informative;
    (3) Whether disclosure of the requested information will contribute 
to public understanding, meaning a reasonably broad audience of persons 
interested in the subject, as opposed to the individual understanding 
of the requester. A requester's expertise in the subject area and 
ability and intention to effectively convey information to the public 
will be considered. Representatives of the news media are presumed to 
satisfy this consideration; and
    (4) Whether the disclosure is likely to contribute significantly to 
public understanding of government operations or activities. The level 
of public understanding before disclosure must be

[[Page 22292]]

enhanced by the disclosure to a significant extent.
* * * * *
    13. In Sec.  792.28, revise the first and third sentences of 
paragraph (a), and paragraph (c), to read as follows:


Sec.  792.28  What if I am not satisfied with the response I receive?

* * * * *
    (a) Make a determination with respect to any appeal within 20 
working days after the receipt of such appeal. * * * Where you do not 
address your appeal to the General Counsel, the time limitations stated 
above will be computed from the date of receipt of the appeal by the 
General Counsel.
* * * * *
    (c) Address your appeal to NCUA, Office of General Counsel--FOIA 
APPEAL, 1775 Duke Street, Alexandria, VA 22314-3428. The words ``FOIA 
APPEAL'' should appear on the envelope and in the letter. Failure to 
address an appeal properly may delay commencement of the time 
limitation stated in paragraph (a) of this section, to take account of 
the time reasonably required to forward the appeal to the Office of 
General Counsel.
    14. Amend subpart E by removing the term ``NCUA official'' wherever 
it appears and adding in its place the term ``system manager.''
    15. In Sec.  792.53, add new paragraphs (g), (h) and (i) to read as 
follows:


Sec.  792.53  Definitions.

* * * * *
    (g) ``Notice of Systems of Records'' means the annual notice 
published by NCUA in the Federal Register informing the public of the 
existence and character of the systems of records it maintains. The 
Notice of Systems of Records also is available on NCUA's Web site at 
https://www.ncua.gov. (h) ``System manager'' means the NCUA official 
responsible for the maintenance, collection, use or distribution of 
information contained in a system of records. The system manager for 
each system of records is provided in the Federal Register publication 
of NCUA's annual systems of records notice.
    (i) ``Working day'' means Monday through Friday excluding legal 
public holidays.
    16. Revise Sec.  792.54 to read as follows:


Sec.  792.54  Procedures for requests pertaining to individual records 
in a system of records.

    (a) Individuals desiring to know if a system of records contains 
records pertaining to them, and individuals requesting access to 
records in a system of records pertaining to them should submit a 
written request to the appropriate system manager as identified in the 
Notice of Systems of Records. An individual who does not have access to 
the Federal Register and who is unable to determine the appropriate 
system manager to whom to submit a request may submit a request to the 
Privacy Officer, Office of General Counsel, National Credit Union 
Administration, 1775 Duke Street, Alexandria, VA 22314-3428, in which 
case the request will be referred to the appropriate system manager. 
(b) Individuals requesting notification of, or access to, records 
should include the words ``PRIVACY ACT REQUEST'' on both the letter and 
the envelope, describe the record sought, the approximate dates covered 
by the record, and the systems of record in which records are thought 
to be included. Individuals must also meet the identification 
requirements in Sec.  792.55.
    17. In Sec.  792.55, revise paragraphs (a)(1) through (a)(3) and 
(c) to read as follows:


Sec.  792.55  Times, places, and requirements for identification of 
individuals making requests and identification of records requested.

    (a) * * *
    (1) Individuals appearing in person, if not personally known to the 
system manager responding to the request, must present a single 
document bearing a photograph (such as a passport or identification 
badge) or two items of identification which do not bear a photograph 
but do bear both a name and address (such as a driver's license or 
voter registration card);
    (2) Individuals submitting requests by mail may establish identity 
by a signature, address, date of birth, employee identification number 
if any, and one other identifier such as a photocopy of driver's 
license or other document. If inadequate identifying information is 
provided, the system manager responding to the request may require 
further identifying information before any notification or responsive 
disclosure.
    (3) Individuals appearing in person or submitting requests by mail, 
who cannot provide the required documentation or identification, may 
provide an unsworn declaration subscribed to as true under penalty of 
perjury.
* * * * *
    (c) A record may be disclosed to a representative of an individual 
to whom the record pertains provided the system manager receives 
written authorization from the individual who is the subject of the 
record.
* * * * *
    18. In Sec.  792.57, revise paragraph (b) to read as follows:


Sec.  792.57  Special procedures: Information furnished by other 
agencies; medical records.

* * * * *
    (b) Medical records may be disclosed on request to the individuals 
to whom they pertain unless disclosing the medical information directly 
to the requesting individual could have an adverse effect on the 
individual. Where medical information is potentially adverse to the 
requesting individual, the system manager responsible may advise the 
requesting individual that the medical records will be transmitted only 
to a physician designated in writing by the individual.
    19. In Sec.  792.58, revise paragraph (a) and the second sentence 
of paragraph (b) to read as follows:


Sec.  792.58  Requests for correction or amendment to a record; 
administrative review of requests.

    (a) An individual may request amendment of a record concerning that 
individual by submitting a written request, either in person or by 
mail, to the system manager identified in the Notice of Systems of 
Records. The words ``PRIVACY ACT--REQUEST TO AMEND RECORD'' should be 
written on the letter and the envelope. The request must describe the 
system of records containing the record sought to be amended, indicate 
the particular record involved, the nature of the correction sought, 
and the justification for the correction or amendment. An individual 
who does not have access to NCUA's Notice of Systems of Records, and to 
whom the appropriate address is otherwise unavailable, may submit a 
request to the Privacy Act Officer, Office of General Counsel, National 
Credit Union Administration, 1775 Duke Street, Alexandria, Virginia, 
22314-3428, in which case the request will then be referred to the 
appropriate system manager. The date of receipt of the request will be 
determined as of the date of receipt by the system manager.
    (b) * * * The appropriate system manager will promptly (under 
normal circumstances, not later than 30 working days after receipt of 
the request) advise the individual that the record will be amended or 
corrected, or inform the individual of rejection of the request to 
amend the record, the reason for the rejection, and the procedures 
established by Sec.  792.59 for the

[[Page 22293]]

individual to request a review of that rejection.
    20. In Sec.  792.59, revise the second sentence of paragraph (a) 
and the first two sentences of paragraph (c) to read as follows:


Sec.  792.59  Appeal of initial determination.

    (a) * * * Appeals must be addressed to the Office of General 
Counsel, National Credit Union Administration, 1775 Duke Street, 
Alexandria, VA 22314-3428 with the words ``PRIVACY ACT--APPEAL'' 
written on the letter and the envelope.* * *
* * * * *
    (c) If an appeal under this section is denied in whole or in part, 
an individual may file a statement of disagreement concisely stating 
the reason(s) for disagreeing with the denial for amendment or 
correction, and clearly identifying each part of any record that is 
disputed. The statement must be sent within 30 working days of the date 
of receipt of the notice of General Counsel's refusal to authorize 
amendment or correction, to the General Counsel, National Credit Union 
Administration, 1775 Duke Street, Alexandria, VA 22314-3428.* * *
* * * * *
    21. In Sec.  792.60, revise paragraph (j) read as follows:


Sec.  792.60  Disclosure of record to person other than the individual 
to whom it pertains.

* * * * *
    (j) To the Comptroller General, or any of his authorized 
representatives, in the course of the performance of the duties of the 
General Accountability Office;
* * * * *
    22. In Sec.  792.61, revise the first sentence of paragraph (a) to 
read as follows:


Sec.  792.61  Accounting for disclosures.

    (a) Each system manager identified in the ''Notice of Systems of 
Records' must establish a system of accounting for all disclosures of 
information or records under the Privacy Act made outside NCUA.* * *
* * * * *
    23. In Sec.  792.63, revise paragraphs (a), (b)(1), and (b)(4), to 
read as follows:


Sec.  792.63  Collection of information from individuals: information 
forms.

    (a) The system manager for each system of records is responsible 
for reviewing all forms developed and used to collect information from 
or about individuals for incorporation into the system of records.
    (b) * * *
    (1) To ensure that no information concerning religion, political 
beliefs or activities, association memberships (other than those 
required for a professional license), or the exercise of other First 
Amendment rights is required to be disclosed unless such requirement of 
disclosure is expressly authorized by statute or by the individual 
about whom the record is maintained, or unless pertinent to and within 
the scope of any authorized law enforcement activity;
* * * * *
    (4) To ensure that the form or accompanying statement clearly 
indicates to the individual the effects on him or her, if any, of 
refusing to provide some or all of the requested information; and
* * * * *
    24. In Sec.  792.66, revise paragraphs (a) and (b)(2), add four new 
sentences to the end of paragraph (b)(3), and add four new sentences to 
the end of paragraph (b)(4) to read as follows:


Sec.  792.66  Exemptions.

    (a) NCUA maintains several systems of records that are exempted 
from some provisions of the Privacy Act. The system number and name, 
description of records contained in the system, exempted provisions and 
reasons for exemption are as follows:
    (b) * * *
    (2) System NCUA-8, entitled, ``Investigative Reports Involving Any 
Crime or Suspicious Activity Against a Credit Union, NCUA,'' consists 
of investigatory or enforcement records about individuals suspected of 
involvement in violations of laws or regulations, whether criminal or 
administrative. These records are maintained in an overall context of 
general investigative information concerning crimes against credit 
unions. To the extent that individually identifiable information is 
maintained for purposes of protecting the security of any 
investigations by appropriate law enforcement authorities and promoting 
the successful prosecution of all actual criminal activity, the records 
in this system are exempted, pursuant to section k(2) of the Privacy 
Act (5 U.S.C. 552a(k)(2)), from sections (c)(3), (d), (e)(1), (e)(2), 
(e)(4)(G), (e)(4)(H), (f), and (g). The records in this system are also 
exempted pursuant to section (j)(2) of the Privacy Act, 5 U.S.C. 
552a(j)(2), from sections (c)(3), (d), (e)(1), (e)(2), (e)(4)(G), 
(e)(4)(H), (f), and (g). Where possible, information that would 
identify a confidential source will be extracted or summarized in a 
manner that protects the source and the summary or extract will be 
provided to the requesting individual.
    (3) * * * NCUA need not make an accounting of previous disclosures 
of a record in this system of records available to its subject, and 
NCUA need not grant access to any records in this system of records by 
their subject. Further, whenever individuals request records about 
themselves and maintained in this system of records, the NCUA will 
advise the individuals only that no records available to them pursuant 
to the Privacy Act of 1974 have been identified. However, if review of 
the record reveals that the information contained therein has been used 
or is being used to deny the individuals any right, privilege or 
benefit for which they are eligible or to which they would otherwise be 
entitled under federal law, the individuals will be advised of the 
existence of the information and will be provided the information, 
except to the extent disclosure would identify a confidential source. 
Where possible, information which would identify a confidential source 
will be extracted or summarized in a manner which protects the source 
and the summary or extract will be provided to the requesting 
individual.
    (4) * * * NCUA need not make an accounting of previous disclosures 
of a record in this system of records available to its subject, and 
NCUA need not grant access to any records in this system of records by 
their subject. Further, whenever individuals request records about 
themselves and maintained in this system of records, the NCUA will 
advise the individuals only that no records available to them pursuant 
to the Privacy Act of 1974 have been identified. However, if review of 
the record reveals that the information contained therein has been used 
or is being used to deny the individuals any right, privilege or 
benefit for which they are eligible or to which they would otherwise be 
entitled under federal law, the individuals will be advised of the 
existence of the information and will be provided the information, 
except to the extent disclosure would identify a confidential source. 
Where possible, information that would identify a confidential source 
will be extracted or summarized in a manner which protects the source 
and the summary or extract will be provided to the requesting 
individual.
* * * * *
    25. In Sec.  792.69, revise paragraph (a) to read as follows:


Sec.  792.69  Training and employee standards of conduct with regard to 
privacy.

    (a) The Director of the Office of Human Resources, with advice from 
the Senior Privacy Act Officer, is

[[Page 22294]]

responsible for training NCUA employees in the obligations imposed by 
the Privacy Act and this subpart.
* * * * *
 [FR Doc. E8-8948 Filed 4-24-08; 8:45 am]
BILLING CODE 7535-01-P