Privacy Act of 1974, as Amended, 24183-24185 [2012-9667]
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Federal Register / Vol. 77, No. 78 / Monday, April 23, 2012 / Notices
that have been submitted to the Office
of Management and Budget for review
and approval. A copy of the submission
may be obtained by contacting the
agency contact listed below.
DATES: Written comments are
encouraged and must be received on or
before May 23, 2012 to be assured of
consideration.
You may submit comments,
identified by OMB number 3170–0016,
by any of the following methods:
• Agency Contact: Consumer
Financial Protection Bureau (Attention:
PRA Office), 1700 G Street NW.,
Washington, DC 20552: (202) 435–7741:
CFPB_Public_PRA@cfpb.gov.
• OMB Reviewer: Shagufta Ahmed,
Office of Management and Budget, New
Executive Office Building, Room 10235,
Washington, DC 20503; (202) 395–7873.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be directed to Joseph Durbala,
(202) 435–7893, at the Consumer
Financial Protection Bureau, (Attention:
Joseph Durbala, PRA Office) 1700 G
Street NW., Washington, DC 20552, or
through the internet at
CFPB_Public_PRA@cfpb.gov.
ADDRESSES:
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SUPPLEMENTARY INFORMATION:
Title: Real Estate Settlement
Procedures Act (Regulation X) 12 CFR
Part 1024.
OMB Number: 3170–0016.
Abstract: Certain disclosures are
required by the Real Estate Settlement
Procedures Act (RESPA) of 1974, as
amended by Section 461 of the Housing
and Urban-Rural Recovery Act of 1983
(HURRA), and other various
amendments. Required disclosures
include: The Good Faith Estimate (GFE),
the Special Information Booklet, the
HUD–1/HUD–1A Settlement
Statements, the Servicing Disclosure
Statement, and, as applicable, the
Servicing Transfer Disclosure. Other
disclosures may be required under
certain circumstances and include: The
Initial Escrow Account Statement, the
Annual Escrow Account Statement, the
Affiliated Business Disclosure, and the
Consumer Disclosure for Voluntary
Escrow Account Payments. This
collection helps to protect consumers in
several respects. The Special
Information Booklet helps to protect
consumers from unnecessarily high
settlement costs by providing
information about the nature and cost of
real estate settlement services. The GFE
and HUD–1/HUD–1A Settlement
Statements enable consumers to
compare estimated settlement costs with
actual settlement costs. The Affiliated
Business Disclosure helps to protect
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borrowers from unnecessarily high
settlement service charges due to the
settlement service provider’s use of an
affiliated provider. Disclosures related
to the servicing of the mortgage loan
help to protect consumers if the
servicing of the loan could be or is
transferred. Disclosures related to
consumers’ escrow accounts help to
protect them from unnecessarily high
escrow charges.
Affected Public: Businesses or other
for profits.
Estimated Number of Responses:
149,590,000.
Estimated Time per Response: 7
Minutes.
Estimated Total Annual Burden
Hours: 17,183,000.
Dated: April 6, 2012.
Chris Willey,
Chief Information Officer, Bureau of
Consumer Financial Protection.
[FR Doc. 2012–9645 Filed 4–20–12; 8:45 am]
BILLING CODE 4810–AM–P
BUREAU OF CONSUMER FINANCIAL
PROTECTION
Privacy Act of 1974, as Amended
Bureau of Consumer Financial
Protection.
ACTION: Notice of Proposed Privacy Act
system of records.
AGENCY:
In accordance with the
Privacy Act of 1974, as amended, the
Bureau of Consumer Financial
Protection, hereinto referred to as the
Consumer Financial Protection Bureau
(‘‘CFPB’’ or the ‘‘Bureau’’), gives notice
of the establishment of a Privacy Act
System of Records.
DATES: Comments must be received no
later than May 23, 2012. The new
system of records will be effective June
4, 2012, unless the comments received
result in a contrary determination.
ADDRESSES: You may submit comments
by any of the following methods:
• Electronic: privacy@cfpb.gov.
• Mail or Hand Delivery/Courier:
Claire Stapleton, Chief Privacy Officer,
Consumer Financial Protection Bureau,
1700 G Street NW., Washington, DC
20552.
Comments will be available for public
inspection and copying at 1700 G Street
NW., Washington, DC 20552, on official
business days between the hours of 10
a.m. and 5 p.m. Eastern Time. You can
make an appointment to inspect
comments by telephoning (202) 435–
7220. All comments, including
attachments and other supporting
materials, will become part of the public
SUMMARY:
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24183
record and subject to public disclosure.
You should submit only information
that you wish to make available
publicly.
FOR FURTHER INFORMATION CONTACT:
Claire Stapleton, Chief Privacy Officer,
Consumer Financial Protection Bureau,
1700 G Street NW., Washington, DC
20552, (202) 435–7220.
SUPPLEMENTARY INFORMATION: The DoddFrank Wall Street Reform and Consumer
Protection Act (‘‘Dodd-Frank Act’’),
Public Law 111–203, established the
CFPB to administer and enforce federal
consumer financial protection law. The
Regulatory Flexibility Act (‘‘RFA’’) (Pub.
L. 96–354) as amended by the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121)
and section 1100G of the Dodd-Frank
Act (Pub. L. 111–203) require the CFPB
to notify the Small Business
Administration’s Chief Counsel for
Advocacy (‘‘Chief Counsel’’) prior to
issuing certain proposed rules and then
to convene a review panel and collect
advice and recommendations from
representatives of small entities, as
defined pursuant to the RFA, on
potential economic impacts of the
proposed rule under consideration. The
RFA also requires the review panel to
issue a public report on the comments
of the small entity representatives and
the panel’s findings on certain matters
(the ‘‘review panel process’’).
In addition, the RFA, as amended,
requires the CFPB to identify
representatives of small entities in
consultation with the Chief Counsel and
to collect advice and recommendations
from these representatives as to: (1) any
projected increase in the cost of credit
for small entities; and (2) significant
alternatives to the proposed rule that
minimize this impact prior to issuing it
(the ‘‘cost of credit consultation
process’’).
The new system of records described
in this notice, ‘‘CFPB.017—CFPB Small
Business Review Panels and Cost of
Credit Consultations,’’ will maintain
records concerning the activities and
operations of the CFPB in connection
with the review panel and cost of credit
consultation processes as well as related
outreach events.
The report of the new system of
records has been submitted to the
Committee on Oversight and
Government Reform of the House of
Representatives, the Committee on
Homeland Security and Governmental
Affairs of the Senate, and the Office of
Management and Budget, pursuant to
Appendix I to OMB Circular A–130,
‘‘Federal Agency Responsibilities for
Maintaining Records About
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24184
Federal Register / Vol. 77, No. 78 / Monday, April 23, 2012 / Notices
Individuals,’’ dated November 30, 2000,
and the Privacy Act, 5 U.S.C. 552a(r).
The system of records entitled
‘‘CFPB.017—CFPB Small Business
Review Panels and Cost of Credit
Consultations’’ is published in its
entirety below.
Dated: April 16, 2012.
Claire Stapleton,
Chief Privacy Officer.
CFPB.017
SYSTEM NAME:
CFPB Small Business Review Panels
and Cost of Credit Consultations.
SYSTEM LOCATION:
Consumer Financial Protection
Bureau, 1700 G Street NW., Washington,
DC 20552.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals covered by this system
include: (1) Individual representatives
of small entities who, in their business
capacity, may participate in or attend
meetings held in connection with the
review panel and cost of credit
consultation processes or other CFPB
related outreach events; and (2) other
attendees or individual guests of small
entity representatives who may attend
meetings held in connection with the
review panel and cost of credit
consultation processes or other related
outreach events; and (3) CFPB
employees or other federal agency
employees who participate in the
events.
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CATEGORIES OF RECORDS IN THE SYSTEM:
Records in the system will include
information related to small businesses,
small organizations, and small
governmental jurisdictions, as defined
pursuant to the RFA, and individual
representatives and guests of these small
entities who are invited to or are
attending meetings or consultations
held in connection with the review
panel and/or cost of credit consultation
processes or other events, or who are
otherwise participating in or requesting
to participate in such meetings,
consultations, or other related events.
Such information may include: (1)
Contact information (name, title,
telephone number, email address); (2)
name of employer and memberships or
affiliation with trade associations or
other organizations; (3) applicable
business size standard and North
American Industry Classification
System (NAICS) code; (4) annual
revenues, asset size, and number of
employees; (5) scope and nature of
business activities; (6) affiliated entities;
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(7) invitations to and participation in
the review panel or cost of credit
consultation processes, or other CFPB
related outreach event; (8) written
comments, correspondence, or other
materials submitted in connection with
the review panel and/or cost of credit
consultation processes; and (9)
information necessary to obtain entry
into a CFPB or other government facility
(address, telephone number, date of
birth, Social Security number, country
of citizenship). Information maintained
on individual guests of small entity
representatives who may attend
meetings held in connection with the
review panel and/or cost of credit
consultation processes or other CFPB
related outreach events will include: (1)
Contact information (name, title,
telephone number, email address); (2)
employer or sponsor name; (3)
information on membership in or
affiliation with trade associations or
other organizations; (4) invitations to
and participation or requested
participation in the review panel and/or
cost of credit consultation processes, or
other CFPB related outreach event; and
(5) information necessary to obtain entry
into a CFPB or other government facility
(address, telephone number, date of
birth, Social Security number, country
of citizenship).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Public Law 111–203, Title X, sections
1011 and 1012, codified at 12 U.S.C.
5491 and 5492. Public Law 96–354, as
amended by Public Law 104–121 and
Public Law 111–203, codified at 5
U.S.C. 601 et seq.
PURPOSE(S):
The purpose of the system is to collect
and maintain information relating to
potential small entity representatives
who may or will: (1) consult with the
CFPB and other Small Business Review
Panel members and provide advice and
recommendations about the potential
economic impacts of regulatory
proposals under consideration on small
entities subject to the proposals; and/or
(2) consult with the CFPB about any
projected impact on the cost of credit to
small entities related to the proposals
under consideration and significant
alternatives to minimize any such
impact while achieving statutory
objectives. The system will also collect
and maintain information relating to
guests of small entity representatives
who may or will attend such meetings
or consultations with the CFPB and
other Small Business Review Panel
members. The records are used in
connection with and for administration
of the review panel and cost of credit
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Fmt 4703
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consultation processes, including
meetings or consultations with small
entity representatives.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
These records may be disclosed,
consistent with the CFPB Disclosure of
Records and Information Rules,
promulgated at 12 CFR part 1070 et seq.,
to:
(1) Appropriate agencies, entities, and
persons when: (a) The CFPB suspects or
has confirmed that the security or
confidentiality of information in the
system of records has been
compromised; (b) the CFPB 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 the
CFPB or another agency or entity) that
rely upon the compromised
information; and (c) the disclosure made
to such agencies, entities, and persons is
reasonably necessary to assist in
connection with the CFPB’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm;
(2) Another federal or state agency to
(a) permit a decision as to access,
amendment or correction of records to
be made in consultation with or by that
agency, or (b) verify the identity of an
individual or the accuracy of
information submitted by an individual
who has requested access to or
amendment or correction of records;
(3) The Office of the President in
response to an inquiry from that office
made at the request of the subject of a
record or a third party on that person’s
behalf;
(4) Congressional offices in response
to an inquiry made at the request of the
individual to whom the record pertains;
(5) Contractors, agents, or other
authorized individuals performing work
on a contract, service, cooperative
agreement, job, or other activity on
behalf of the CFPB or Federal
Government and who have a need to
access the information in the
performance of their duties or activities;
(6) The U.S. Department of Justice
(‘‘DOJ’’) for its use in providing legal
advice to the CFPB or in representing
the CFPB in a proceeding before a court,
adjudicative body, or other
administrative body before which the
CFPB is authorized to appear, where the
use of such information by the DOJ is
deemed by the CFPB to be relevant and
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Federal Register / Vol. 77, No. 78 / Monday, April 23, 2012 / Notices
necessary to the litigation, and such
proceeding names as a party or interests:
(a) The CFPB;
(b) Any employee of the CFPB in his
or her official capacity;
(c) Any employee of the CFPB in his
or her individual capacity where DOJ
has agreed to represent the employee; or
(d) The United States, where the
CFPB determines that litigation is likely
to affect the CFPB or any of its
components;
(7) A court, magistrate, or
administrative tribunal in the course of
an administrative proceeding or judicial
proceeding, including disclosures to
opposing counsel or witnesses
(including expert witnesses) in the
course of discovery or other pre-hearing
exchanges of information, litigation, or
settlement negotiations, where relevant
or potentially relevant to a proceeding,
or in connection with criminal law
proceedings;
(8) The public in the form of a list of
the individual and business names of
the invited or selected participants;
(9) Other representatives of small
entities who have been invited or
selected to participate in the review
panel and/or cost of credit consultation
processes and related meetings or other
events, and persons attending such
meetings, consultations, or other related
events;
(10) The Office of Advocacy of the
Small Business Administration, the
Office of Information and Regulatory
Affairs within the Office of Management
and Budget, and any of their employees
in their official capacity; and
(11) Appropriate federal organizations
or agencies in connection with a joint or
interagency rulemaking process or
consultation.
those personnel whose official duties
require access.
RETENTION AND DISPOSAL:
The CFPB will maintain electronic
and paper records indefinitely until the
National Archives and Records
Administration approves the CFPB’s
records disposition schedule.
SYSTEM MANAGER(S) AND ADDRESS:
Consumer Financial Protection
Bureau, Small Business Regulatory
Enforcement Fairness Act Manager,
1500 Pennsylvania Ave NW. (Attn: 1801
L Street NW.), Washington, DC 20220.
NOTIFICATION PROCEDURE:
Individuals seeking notification and
access to any record contained in this
system of records, or seeking to contest
its content, may inquire in writing in
accordance with instructions appearing
in Title 12, Chapter 10 of the CFR,
‘‘Disclosure of Records and
Information.’’ Address such requests to:
Chief Privacy Officer, Bureau of
Consumer Financial Protection, 1700 G
Street NW., Washington, DC 20552.
RECORD ACCESS PROCEDURES:
See ‘‘Notification Procedures’’ above.
CONTESTING RECORD PROCEDURES:
See ‘‘Notification Procedures’’ above.
RECORD SOURCE CATEGORIES:
Information in this system is obtained
directly from the individual who is the
subject of these records, and/or the
association or organization providing
the information on behalf of one of its
members, or individual guests of small
entity representatives, and the CFPB
staff involved in the Small Business and
Cost of Consultation Panel meetings.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPENSING OF RECORDS IN THE SYSTEM:
None.
[FR Doc. 2012–9667 Filed 4–20–12; 8:45 am]
BILLING CODE 4810–AM–P
STORAGE:
Paper and electronic records.
RETRIEVABILITY:
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Records are retrievable by one or more
of the following: the name of the
individual, business or employer name;
membership or affiliation with trade
associations or other organizations;
applicable business size standard and
NAICS code; affiliated entities; scope or
nature of business activities.
SAFEGUARDS:
Access to electronic records is
restricted to authorized personnel who
have been issued non-transferrable
access codes and passwords. Other
records are maintained in locked file
cabinets or rooms with access limited to
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BUREAU OF CONSUMER FINANCIAL
PROTECTION
Privacy Act of 1974, as Amended
Bureau of Consumer Financial
Protection.
ACTION: Notice of Proposed Privacy Act
System of Records.
AGENCY:
In accordance with the
Privacy Act of 1974, as amended, the
Bureau of Consumer Financial
Protection, herein referred to as the
Consumer Financial Protection Bureau
(‘‘CFPB’’ or ‘‘Bureau’’), gives notice of
the establishment of a Privacy Act
System of Records.
SUMMARY:
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
24185
Comments must be received no
later than May 23, 2012. The new
system of records will be effective June
4, 2012 unless the comments received
result in a contrary determination.
ADDRESSES: You may submit comments
by any of the following methods:
• Electronic: privacy@cfpb.gov.
• Mai/Hand Delivery/Courier: Claire
Stapleton, Chief Privacy Officer,
Consumer Financial Protection Bureau,
1700 G Street NW., Washington, DC
20552.
Comments will be available for public
inspection and copying at 1700 G Street
NW., Washington, DC 20552 on official
business days between the hours of 10
a.m. and 5 p.m. Eastern Time. You can
make an appointment to inspect
comments by telephoning (202) 435–
7220. All comments, including
attachments and other supporting
materials, will become part of the public
record and subject to public disclosure.
You should submit only information
that you wish to make available
publicly.
FOR FURTHER INFORMATION CONTACT:
Claire Stapleton, Chief Privacy Officer,
Consumer Financial Protection Bureau,
1700 G Street NW., Washington, DC
20552, (202) 435–7220.
SUPPLEMENTARY INFORMATION: The DoddFrank Wall Street Reform and Consumer
Protection Act (‘‘Act’’), Public Law No.
111–203, Title X, established the CFPB
to administer and enforce the federal
consumer financial protection laws. The
CFPB will maintain the records covered
by this notice.
The new system of records described
in this notice, CFPB.014—Direct
Registration and User Management
System, will be used to provide
authorized individuals, including CFPB
employees and members of the public
who have business with the Bureau,
access to or interaction with CFPB
information technology resources. A
description of the new system of records
follows this Notice.
The report of a new system of records
has been submitted to the Committee on
Oversight and Government Reform of
the House of Representatives, the
Committee on Homeland Security and
Governmental Affairs of the Senate, and
the Office of Management and Budget,
pursuant to Appendix I to OMB Circular
A–130, ‘‘Federal Agency
Responsibilities for Maintaining
Records About Individuals,’’ dated
November 30, 2000, and the Privacy
Act, 5 U.S.C. 552a(r).
The system of records entitled,
‘‘CFPB.014—CFPB Direct Registration
and User Management System’’, is
published in its entirety below.
DATES:
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]]>Agencies
[Federal Register Volume 77, Number 78 (Monday, April 23, 2012)]
[Notices]
[Pages 24183-24185]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9667]
-----------------------------------------------------------------------
BUREAU OF CONSUMER FINANCIAL PROTECTION
Privacy Act of 1974, as Amended
AGENCY: Bureau of Consumer Financial Protection.
ACTION: Notice of Proposed Privacy Act system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, as amended, the
Bureau of Consumer Financial Protection, hereinto referred to as the
Consumer Financial Protection Bureau (``CFPB'' or the ``Bureau''),
gives notice of the establishment of a Privacy Act System of Records.
DATES: Comments must be received no later than May 23, 2012. The new
system of records will be effective June 4, 2012, unless the comments
received result in a contrary determination.
ADDRESSES: You may submit comments by any of the following methods:
Electronic: privacy@cfpb.gov.
Mail or Hand Delivery/Courier: Claire Stapleton, Chief
Privacy Officer, Consumer Financial Protection Bureau, 1700 G Street
NW., Washington, DC 20552.
Comments will be available for public inspection and copying at 1700 G
Street NW., Washington, DC 20552, on official business days between the
hours of 10 a.m. and 5 p.m. Eastern Time. You can make an appointment
to inspect comments by telephoning (202) 435-7220. All comments,
including attachments and other supporting materials, will become part
of the public record and subject to public disclosure. You should
submit only information that you wish to make available publicly.
FOR FURTHER INFORMATION CONTACT: Claire Stapleton, Chief Privacy
Officer, Consumer Financial Protection Bureau, 1700 G Street NW.,
Washington, DC 20552, (202) 435-7220.
SUPPLEMENTARY INFORMATION: The Dodd-Frank Wall Street Reform and
Consumer Protection Act (``Dodd-Frank Act''), Public Law 111-203,
established the CFPB to administer and enforce federal consumer
financial protection law. The Regulatory Flexibility Act (``RFA'')
(Pub. L. 96-354) as amended by the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121) and section 1100G of
the Dodd-Frank Act (Pub. L. 111-203) require the CFPB to notify the
Small Business Administration's Chief Counsel for Advocacy (``Chief
Counsel'') prior to issuing certain proposed rules and then to convene
a review panel and collect advice and recommendations from
representatives of small entities, as defined pursuant to the RFA, on
potential economic impacts of the proposed rule under consideration.
The RFA also requires the review panel to issue a public report on the
comments of the small entity representatives and the panel's findings
on certain matters (the ``review panel process'').
In addition, the RFA, as amended, requires the CFPB to identify
representatives of small entities in consultation with the Chief
Counsel and to collect advice and recommendations from these
representatives as to: (1) any projected increase in the cost of credit
for small entities; and (2) significant alternatives to the proposed
rule that minimize this impact prior to issuing it (the ``cost of
credit consultation process'').
The new system of records described in this notice, ``CFPB.017--
CFPB Small Business Review Panels and Cost of Credit Consultations,''
will maintain records concerning the activities and operations of the
CFPB in connection with the review panel and cost of credit
consultation processes as well as related outreach events.
The report of the new system of records has been submitted to the
Committee on Oversight and Government Reform of the House of
Representatives, the Committee on Homeland Security and Governmental
Affairs of the Senate, and the Office of Management and Budget,
pursuant to Appendix I to OMB Circular A-130, ``Federal Agency
Responsibilities for Maintaining Records About
[[Page 24184]]
Individuals,'' dated November 30, 2000, and the Privacy Act, 5 U.S.C.
552a(r).
The system of records entitled ``CFPB.017--CFPB Small Business
Review Panels and Cost of Credit Consultations'' is published in its
entirety below.
Dated: April 16, 2012.
Claire Stapleton,
Chief Privacy Officer.
CFPB.017
System Name:
CFPB Small Business Review Panels and Cost of Credit Consultations.
System Location:
Consumer Financial Protection Bureau, 1700 G Street NW.,
Washington, DC 20552.
Categories of individuals covered by the system:
Individuals covered by this system include: (1) Individual
representatives of small entities who, in their business capacity, may
participate in or attend meetings held in connection with the review
panel and cost of credit consultation processes or other CFPB related
outreach events; and (2) other attendees or individual guests of small
entity representatives who may attend meetings held in connection with
the review panel and cost of credit consultation processes or other
related outreach events; and (3) CFPB employees or other federal agency
employees who participate in the events.
Categories of records in the system:
Records in the system will include information related to small
businesses, small organizations, and small governmental jurisdictions,
as defined pursuant to the RFA, and individual representatives and
guests of these small entities who are invited to or are attending
meetings or consultations held in connection with the review panel and/
or cost of credit consultation processes or other events, or who are
otherwise participating in or requesting to participate in such
meetings, consultations, or other related events. Such information may
include: (1) Contact information (name, title, telephone number, email
address); (2) name of employer and memberships or affiliation with
trade associations or other organizations; (3) applicable business size
standard and North American Industry Classification System (NAICS)
code; (4) annual revenues, asset size, and number of employees; (5)
scope and nature of business activities; (6) affiliated entities; (7)
invitations to and participation in the review panel or cost of credit
consultation processes, or other CFPB related outreach event; (8)
written comments, correspondence, or other materials submitted in
connection with the review panel and/or cost of credit consultation
processes; and (9) information necessary to obtain entry into a CFPB or
other government facility (address, telephone number, date of birth,
Social Security number, country of citizenship). Information maintained
on individual guests of small entity representatives who may attend
meetings held in connection with the review panel and/or cost of credit
consultation processes or other CFPB related outreach events will
include: (1) Contact information (name, title, telephone number, email
address); (2) employer or sponsor name; (3) information on membership
in or affiliation with trade associations or other organizations; (4)
invitations to and participation or requested participation in the
review panel and/or cost of credit consultation processes, or other
CFPB related outreach event; and (5) information necessary to obtain
entry into a CFPB or other government facility (address, telephone
number, date of birth, Social Security number, country of citizenship).
Authority for maintenance of the system:
Public Law 111-203, Title X, sections 1011 and 1012, codified at 12
U.S.C. 5491 and 5492. Public Law 96-354, as amended by Public Law 104-
121 and Public Law 111-203, codified at 5 U.S.C. 601 et seq.
Purpose(s):
The purpose of the system is to collect and maintain information
relating to potential small entity representatives who may or will: (1)
consult with the CFPB and other Small Business Review Panel members and
provide advice and recommendations about the potential economic impacts
of regulatory proposals under consideration on small entities subject
to the proposals; and/or (2) consult with the CFPB about any projected
impact on the cost of credit to small entities related to the proposals
under consideration and significant alternatives to minimize any such
impact while achieving statutory objectives. The system will also
collect and maintain information relating to guests of small entity
representatives who may or will attend such meetings or consultations
with the CFPB and other Small Business Review Panel members. The
records are used in connection with and for administration of the
review panel and cost of credit consultation processes, including
meetings or consultations with small entity representatives.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
These records may be disclosed, consistent with the CFPB Disclosure
of Records and Information Rules, promulgated at 12 CFR part 1070 et
seq., to:
(1) Appropriate agencies, entities, and persons when: (a) The CFPB
suspects or has confirmed that the security or confidentiality of
information in the system of records has been compromised; (b) the CFPB
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 the CFPB or
another agency or entity) that rely upon the compromised information;
and (c) the disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with the CFPB's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm;
(2) Another federal or state agency to (a) permit a decision as to
access, amendment or correction of records to be made in consultation
with or by that agency, or (b) verify the identity of an individual or
the accuracy of information submitted by an individual who has
requested access to or amendment or correction of records;
(3) The Office of the President in response to an inquiry from that
office made at the request of the subject of a record or a third party
on that person's behalf;
(4) Congressional offices in response to an inquiry made at the
request of the individual to whom the record pertains;
(5) Contractors, agents, or other authorized individuals performing
work on a contract, service, cooperative agreement, job, or other
activity on behalf of the CFPB or Federal Government and who have a
need to access the information in the performance of their duties or
activities;
(6) The U.S. Department of Justice (``DOJ'') for its use in
providing legal advice to the CFPB or in representing the CFPB in a
proceeding before a court, adjudicative body, or other administrative
body before which the CFPB is authorized to appear, where the use of
such information by the DOJ is deemed by the CFPB to be relevant and
[[Page 24185]]
necessary to the litigation, and such proceeding names as a party or
interests:
(a) The CFPB;
(b) Any employee of the CFPB in his or her official capacity;
(c) Any employee of the CFPB in his or her individual capacity
where DOJ has agreed to represent the employee; or
(d) The United States, where the CFPB determines that litigation is
likely to affect the CFPB or any of its components;
(7) A court, magistrate, or administrative tribunal in the course
of an administrative proceeding or judicial proceeding, including
disclosures to opposing counsel or witnesses (including expert
witnesses) in the course of discovery or other pre-hearing exchanges of
information, litigation, or settlement negotiations, where relevant or
potentially relevant to a proceeding, or in connection with criminal
law proceedings;
(8) The public in the form of a list of the individual and business
names of the invited or selected participants;
(9) Other representatives of small entities who have been invited
or selected to participate in the review panel and/or cost of credit
consultation processes and related meetings or other events, and
persons attending such meetings, consultations, or other related
events;
(10) The Office of Advocacy of the Small Business Administration,
the Office of Information and Regulatory Affairs within the Office of
Management and Budget, and any of their employees in their official
capacity; and
(11) Appropriate federal organizations or agencies in connection
with a joint or interagency rulemaking process or consultation.
Policies and practices for storing, retrieving, accessing, retaining,
and dispensing of records in the system:
Storage:
Paper and electronic records.
Retrievability:
Records are retrievable by one or more of the following: the name
of the individual, business or employer name; membership or affiliation
with trade associations or other organizations; applicable business
size standard and NAICS code; affiliated entities; scope or nature of
business activities.
Safeguards:
Access to electronic records is restricted to authorized personnel
who have been issued non-transferrable access codes and passwords.
Other records are maintained in locked file cabinets or rooms with
access limited to those personnel whose official duties require access.
Retention and disposal:
The CFPB will maintain electronic and paper records indefinitely
until the National Archives and Records Administration approves the
CFPB's records disposition schedule.
System manager(s) and address:
Consumer Financial Protection Bureau, Small Business Regulatory
Enforcement Fairness Act Manager, 1500 Pennsylvania Ave NW. (Attn: 1801
L Street NW.), Washington, DC 20220.
Notification procedure:
Individuals seeking notification and access to any record contained
in this system of records, or seeking to contest its content, may
inquire in writing in accordance with instructions appearing in Title
12, Chapter 10 of the CFR, ``Disclosure of Records and Information.''
Address such requests to: Chief Privacy Officer, Bureau of Consumer
Financial Protection, 1700 G Street NW., Washington, DC 20552.
Record access procedures:
See ``Notification Procedures'' above.
Contesting record procedures:
See ``Notification Procedures'' above.
Record source categories:
Information in this system is obtained directly from the individual
who is the subject of these records, and/or the association or
organization providing the information on behalf of one of its members,
or individual guests of small entity representatives, and the CFPB
staff involved in the Small Business and Cost of Consultation Panel
meetings.
Exemptions claimed for the system:
None.
[FR Doc. 2012-9667 Filed 4-20-12; 8:45 am]
BILLING CODE 4810-AM-P
