Privacy Act of 1974: Systems of Records, 40572-40575 [2018-17517]
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40572
Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices
support (i) utility-wide financial
sustainability and cost recovery, (ii)
utility cost savings and cost
containment for operation in the ger
areas, (iii) improved utility operational
efficiency, (iv) environmental
sustainability, industrial pre-treatment,
and pollution control, and (v) public
communications, stakeholder
engagement, and behavior change
demand for water well beyond the end
of the Compact.
interventions. This activity will help to
ensure that the benefits of the Compact
reach all citizens of Ulaanbaatar and are
sustained over the long term.
MCC estimates that the Water Supply
Project will add 64 million cubic meters
to Ulaanbaatar’s long-term supply of
water, an 83 percent increase in total
supply. MCC estimates this volume to
be sufficient to meet the city’s growing
Compact Budget
Table I presents the Compact budget
and sets forth both the MCC funding by
Compact components and the
Government’s expected $111.76 million
in a country contribution toward the
objectives of the Compact.
TABLE I—MONGOLIA COMPACT BUDGET
[In US$ millions]
Program
funding under
section 605
Compact
development
funding under
section 609(g)
1. Water Supply Project
1.1 Downstream Wells Activity ............................................................................................
1.2 Wastewater Recycling Activity ......................................................................................
1.3 Water Sector Sustainability Activity ......................................................................................
$223.50
40.95
17.04
$16.00
2.25
2.96
$239.50
43.20
20.00
Subtotal .........................................................................................................................
2. Monitoring and Evaluation .......................................................................................................
3. Program Administration and Oversight ...................................................................................
281.49
10.33
30.12
21.21
0.03
6.82
302.70
10.36
36.94
MCC Funding .........................................................................................................
321.94
28.06
350.00
MCC funding by compact components
federal agencies publish in the Federal
Register a notice of the existence and
Total MCC Funding ..............
$350.00 character of records it maintains that are
Government of Mongolia
retrieved by an individual identifier.
Contribution .......................
111.76 This is a republication after full review
by OMB.
Total Compact ...............
461.76
DATES: Submit comments on or before
September 14, 2018. This action will be
[FR Doc. 2018–17574 Filed 8–14–18; 8:45 am]
effective without further notice on
BILLING CODE 9211–03–P
September 14, 2018 unless comments
are received that would result in a
contrary determination.
NATIONAL CREDIT UNION
ADDRESSES: You may submit comments
ADMINISTRATION
by any of the following methods, but
please send comments by one method
Privacy Act of 1974: Systems of
only:
Records
• Federal eRulemaking Portal: https://
AGENCY: National Credit Union
www.regulations.gov. Follow the
Administration (NCUA).
instructions for submitting comments.
ACTION: Notice of a modified system of
• NCUA Website: https://www.ncua.
gov/RegulationsOpinionsLaws/
records; notice of modified standard
proposed_regs/proposed_regs.html.
routine uses.
Follow the instructions for submitting
SUMMARY: Pursuant to the Privacy Act of comments.
1974, the National Credit Union
• Email: Address to regcomments@
Administration (NCUA) proposes the
ncua.gov. Include ‘‘[Your name]—
following changes to: Reflect changes in Comments on NCUA Consumer
information access and retrieval, and
Complaints Against Federal Credit
change the name of the office system
Unions SORN’’ in the email subject line.
owner for an existing system of records,
• Fax: (703) 518–6319. Use the
Consumer Complaints Against Federal
subject line described above for email.
Credit Unions, NCUA–12; revise the
• Mail: Address to Gerard Poliquin,
authorities to reflect specific
Secretary of the Board, National Credit
programmatic authority for collecting,
Union Administration, 1775 Duke
maintaining, using, and disseminating
Street, Alexandria, Virginia 22314–
the information; and add a routine use
3428.
• Hand Delivery/Courier: Same as
to all NCUA Systems of Records as part
mail address.
of our Standard Routine Uses. These
actions are necessary to meet the
FOR FURTHER INFORMATION CONTACT:
requirements of the Privacy Act that
Morgan M. Rogers, Division of
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Total compact funding
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Amount
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Total MCC
funding
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 preexam 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
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Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices
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.
PURPOSE(S) OF THE SYSTEM:
By the National Credit Union
Administration Board on August 9, 2018.
Gerard Poliquin,
Secretary of the Board.
RECORD SOURCE CATEGORIES:
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.
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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.
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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.
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
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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.
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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).
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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
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Jkt 244001
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
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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
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Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices
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
NATIONAL CREDIT UNION
ADMINISTRATION
Privacy Act of 1974; System of
Records
National Credit Union
Administration.
ACTION: Rescindment of a system of
records notice.
AGENCY:
NCUA–5, Unofficial
Personnel and Employee Development/
Correspondence Records is a system of
records that covers unofficial personnel
and related records maintained by
NCUA staff to facilitate day-to-day
administrative activities. The records
are covered by OPM/GOVT–1 and OPM/
GOVT–2 and therefore, the NCUA is
proposing that NCUA–5 be rescinded.
The rescission will not affect business
and will likewise not create any
additional privacy risks for the
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SUMMARY:
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18:28 Aug 14, 2018
Jkt 244001
individuals whose information is
covered by NCUA–5 (NCUA
employees). Rather, the rescission will
increase the NCUA’s compliance with
OMB Circular A–108, Section 6, i.
(December 23, 2016).
DATES: There are no dates associated
with this rescission because the records
will continue to be maintained pursuant
to OPM/GOVT–1 and OPM/GOVT–2.
ADDRESSES: You may submit comments
by any of the following methods, but
please send comments by one method
only:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• NCUA Website: https://www.ncua.
gov/RegulationsOpinionsLaws/
proposed_regs/proposed_regs.html.
Follow the instructions for submitting
comments.
• Email: Address to regcomments@
ncua.gov. 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:
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: The
NCUA is proposing to rescind NCUA–
5, Unofficial Personnel and Employee
Development/Correspondence Records
because the records covered by NCUA–
5 are also covered by government-wide
SORNs, OPM/GOVT–1 and OPM/
GOVT–2. Following the rescission of
NCUA–5, the NCUA will continue to
maintain and use the records as it
previously had, but will rely on the
government-wide SORNs opposed to its
own. A side-by-side comparison of the
types of records, the purposes and the
routine uses in NCUA–5 and those in
OPM/GOVT–1 and OPM/GOVT–2 was
conducted to ensure the proposed
rescission would not orphan any
Privacy Act records and was otherwise
in keeping with the spirit of the Privacy
Act’s notice related provisions. The
NCUA’s proposal to rescind NCUA–5 is
part of an effort on the NCUA’s part to
increase compliance with OMB Circular
A–108, Section 6, i. (December 23,
2016).
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40575
System Name and Number: NCUA–5,
Unofficial Personnel and Employee
Development/Correspondence Records.
History: The NCUA originally
published NCUA–5 on January 21, 2001
(65 FR 3486). The NCUA republished
NCUA–5 on December 27, 2006 (71 FR
77807), and July 16, 2010 (75 FR 41539).
Both of the publications were of full
republications of the NCUA’s SORNs,
neither of which included substantive
changes to NCUA–5.
By the National Credit Union
Administration Board on August 9, 2018.
Gerard Poliquin,
Secretary of the Board.
[FR Doc. 2018–17518 Filed 8–14–18; 8:45 am]
BILLING CODE P
NATIONAL FOUNDATION ON THE
ARTS AND THE HUMANITIES
National Endowment for the
Humanities
Meeting of Humanities Panel
National Endowment for the
Humanities.
ACTION: Notice of meeting.
AGENCY:
The National Endowment for
the Humanities will hold six meetings
of the Humanities Panel, a federal
advisory committee, during September
2018. The purpose of the meetings is for
panel review, discussion, evaluation,
and recommendation of applications for
financial assistance under the National
Foundation on the Arts and Humanities
Act of 1965.
DATES: See SUPPLEMENTARY INFORMATION
for meeting dates. The meetings will
open at 8:30 a.m. and will adjourn by
5:00 p.m. on the dates specified below.
ADDRESSES: The meetings will be held at
Constitution Center at 400 7th Street
SW, Washington, DC 20506, unless
otherwise indicated.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Voyatzis, Committee
Management Officer, 400 7th Street SW,
Room 4060, Washington, DC 20506;
(202) 606–8322; evoyatzis@neh.gov.
SUPPLEMENTARY INFORMATION: Pursuant
to section 10(a)(2) of the Federal
Advisory Committee Act (5 U.S.C.
App.), notice is hereby given of the
following meetings:
1. Date: September 5, 2018
This meeting will discuss
applications on the topic of U.S.
History, for the Digital Projects for the
Public (Production) grant program,
submitted to the Division of Public
Programs.
2. Date: September 6, 2018
SUMMARY:
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Agencies
[Federal Register Volume 83, Number 158 (Wednesday, August 15, 2018)]
[Notices]
[Pages 40572-40575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: https://www.regulations.gov.
Follow the instructions for submitting comments.
NCUA Website: https://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