Agency Information Collection Activities: Information Collection Renewal; Submission for OMB Review; Identity Theft Red Flags and Address Discrepancies Under the Fair and Accurate Credit Transactions Act of 2003, 3280-3282 [2019-01719]

Download as PDF 3280 Federal Register / Vol. 84, No. 28 / Monday, February 11, 2019 / Notices Under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501–3520), federal agencies must obtain approval from the OMB for each collection of information that they conduct or sponsor. ‘‘Collection of information’’ is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) to include agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. The OCC asks that OMB extend its approval of this collection. Title: Annual Stress Test Rule. OMB Control No.: 1557–0311. Description: Section 165(i)(2) of the Dodd-Frank Wall Street Reform and Consumer Protection Act requires certain financial companies, including national banks and federal savings associations, to conduct annual stress tests 2 and requires the primary financial regulatory agency 3 of those financial companies to issue regulations implementing the stress test requirements.4 Twelve CFR 46.6(a) specifies the calculations of the potential impact on capital that must be made during each quarter of a planning horizon. Section 46.6(c)(1) requires the senior management of each covered institution to establish and maintain a system of controls, oversight, and documentation, including policies and procedures that, at a minimum, describe the covered institution’s stress test practices and methodologies and processes for updating the covered institution’s stress test practices. Section 46.6(c)(2) provides that the board of directors of the covered institution shall approve and review these policies and procedures no less than annually and provide the board of directors and senior management with a summary of the stress test results. Section 46.7 provides that each covered institution shall report to the OCC and to the Board of Governors of the Federal Reserve System annually the results of the stress test in the time, manner and form specified by the OCC. Section 46.8 requires that a covered institution publish a summary of the results of its annual stress tests on its website or in any other forum that is reasonably accessible to the public. The summary must include a description of the types of risks included in the stress test, a summary description of the methodologies used in the stress test, estimates of aggregate losses, preprovision net revenue, provisions for loan and lease losses, net income, and SUPPLEMENTARY INFORMATION: pro forma capital ratios and an explanation of the most significant causes of the changes in regulatory capital ratios. The summary also must reflect, for estimates of aggregate losses, pre-provision net revenue, provisions for loan and lease losses, the estimated cumulative effects and estimated capital ratios, net income, and pro forma capital ratios (including regulatory and any other capital ratios specified by the OCC) at the end of the planning horizon, under the severely adverse scenario. Type of Review: Regular. Affected Public: Businesses or other for-profit. Estimated Number of Respondents: 61. Estimated Total Annual Burden: 63,440 hours. The OCC issued a notice for 60 days of comment regarding the collection on December 6, 2018, 83 FR 62953. No comments were received. Comments continue to be invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the OCC, including whether the information has practical utility; (b) The accuracy of the OCC’s estimate of the burden of the collection of information; (c) Ways to enhance the quality, utility, and clarity of the information to be collected; (d) Ways to minimize the burden of the collection on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) Estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Dated: February 4, 2019. Theodore J. Dowd, Deputy Chief Counsel, Office of the Comptroller of the Currency. [FR Doc. 2019–01720 Filed 2–8–19; 8:45 am] BILLING CODE 4810–33–P DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency Agency Information Collection Activities: Information Collection Renewal; Submission for OMB Review; Identity Theft Red Flags and Address Discrepancies Under the Fair and Accurate Credit Transactions Act of 2003 Office of the Comptroller of the Currency, Treasury (OCC). ACTION: Notice and request for comment. AGENCY: 2 12 U.S.C. 5365(i)(2)(A). 3 12 U.S.C. 5301(12). 4 12 U.S.C. 5365(i)(2)(C). VerDate Sep<11>2014 18:05 Feb 08, 2019 Jkt 247001 PO 00000 Frm 00144 Fmt 4703 Sfmt 4703 The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other federal agencies to take this opportunity to comment on a continuing information collection as required by the Paperwork Reduction Act of 1995 (PRA). An agency may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a currently valid OMB control number. The OCC is soliciting comment concerning the renewal of its information collection titled, ‘‘Identity Theft Red Flags and Address Discrepancies under the Fair and Accurate Credit Transactions Act of 2003.’’ The OCC also is giving notice that it has sent the collection to OMB for review. DATES: Comments must be received on or before March 13, 2019. ADDRESSES: Commenters are encouraged to submit comments by email, if possible. You may submit comments by any of the following methods: • Email: prainfo@occ.treas.gov. • Mail: Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, Attention: 1557–0237, 400 7th Street SW, Suite 3E–218, Washington, DC 20219. • Hand Delivery/Courier: 400 7th Street SW, Suite 3E–218, Washington, DC 20219. • Fax: (571) 465–4326. Instructions: You must include ‘‘OCC’’ as the agency name and ‘‘1557– 0237’’ in your comment. In general, the OCC will publish comments on www.reginfo.gov without change, including any business or personal information provided, such as name and address information, email addresses, or phone numbers. Comments received, including attachments and other supporting materials, are part of the public record and subject to public disclosure. Do not include any information in your comment or supporting materials that you consider confidential or inappropriate for public disclosure. Additionally, please send a copy of your comments by mail to: OCC Desk Officer, 1557–0237, U.S. Office of Management and Budget, 725 17th Street NW, #10235, Washington, DC 20503 or by email to oira_submission@ omb.eop.gov. You may review comments and other related materials that pertain to this information collection 1 following the close of the 30-Day comment period for SUMMARY: 1 On November 13, 2018 the OCC published a 60day notice for this information collection. E:\FR\FM\11FEN1.SGM 11FEN1 Federal Register / Vol. 84, No. 28 / Monday, February 11, 2019 / Notices this notice by any of the following methods: • Viewing Comments Electronically: Go to www.reginfo.gov. Click on the ‘‘Information Collection Review’’ tab. Underneath the ‘‘Currently under Review’’ section heading, from the dropdown menu, select ‘‘Department of Treasury’’ and then click ‘‘submit.’’ This information collection can be located by searching by OMB control number ‘‘1557–0237’’ or ‘‘Identity Theft Red Flags and Address Discrepancies under the Fair and Accurate Credit Transactions Act of 2003.’’ Upon finding the appropriate information collection, click on the related ‘‘ICR Reference Number.’’ On the next screen, select ‘‘View Supporting Statement and Other Documents’’ and then click on the link to any comment listed at the bottom of the screen. • For assistance in navigating www.reginfo.gov, please contact the Regulatory Information Service Center at (202) 482–7340. • Viewing Comments Personally: You may personally inspect comments at the OCC, 400 7th Street, SW Washington, DC. For security reasons, the OCC requires that visitors make an appointment to inspect comments. You may do so by calling (202) 649–6700 or, for persons who are deaf or hearing impaired, TTY, (202) 649–5597. Upon arrival, visitors will be required to present valid government-issued photo identification and submit to security screening in order to inspect comments. FOR FURTHER INFORMATION CONTACT: Shaquita Merritt, Clearance Officer, (202) 649–5490 or, for persons who are deaf or hearing impaired, TTY, (202) 649–5597, Chief Counsel’s Office, Office of the Comptroller of the Currency, 400 7th Street SW, Suite 3E–218, Washington, DC 20219. SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501–3520), federal agencies must obtain approval from OMB for each collection of information they conduct or sponsor. ‘‘Collection of information’’ is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) to include agency requests and requirements that members of the public submit reports, keep records, or provide information to a third party. The OCC requests that OMB extend its approval of the following collection. Title: Identity Theft Red Flags and Address Discrepancies under the Fair and Accurate Credit Transactions Act of 2003. OMB Control No.: 1557–0237. Description: Section 114 of the Fair and Accurate Credit Transactions Act of VerDate Sep<11>2014 18:05 Feb 08, 2019 Jkt 247001 2003 (FACT Act) 2 amended section 615 of the Fair Credit Reporting Act (FCRA) 3 to require the Agencies 4 to issue jointly: • Guidelines for financial institutions and creditors regarding identity theft with respect to their account holders and customers; (in developing the guidelines, the Agencies are required to identify patterns, practices, and specific forms of activity that indicate the possible existence of identity theft; the guidelines must be updated as often as necessary and must be consistent with the policies and procedures required under section 326 of the USA PATRIOT Act, (31 U.S.C. 5318(l)); • Regulations that require each financial institution and each creditor to establish reasonable policies and procedures for implementing the guidelines in order to identify possible risks to account holders or customers or to the safety and soundness of the institution or creditor; and • Regulations generally requiring credit and debit card issuers to assess the validity of change of address requests under certain circumstances. Section 315 of the FACT Act 5 also amended section 605 of FCRA 6 to require the Agencies to issue regulations providing guidance regarding what reasonable policies and procedures a user of consumer reports must have in place and employ when a user receives a notice of address discrepancy from a consumer reporting agency (CRA). These regulations are required to describe reasonable policies and procedures for users of consumer reports to: • Enable a user to form a reasonable belief that it knows the identity of the person for whom it has obtained a consumer report; and • Reconcile the address of the consumer with the CRA, if the user establishes a continuing relationship with the consumer, and the user regularly and in the ordinary course of business furnishes information to the CRA. 2 15 U.S.C. 1681m(e). U.S.C. 1681m. 4 Section 114 required the guidelines and regulations to be issued jointly by the federal banking agencies (OCC, Board of Governors of the Federal Reserve System, and Federal Deposit Insurance Corporation), the National Credit Union Administration, and the Federal Trade Commission. Therefore, for purposes of this filing, ‘‘Agencies’’ refers to these entities. Note that Section 1088(a)(8) of the Dodd-Frank Act further amended section 615 of FCRA to also require the Securities and Exchange Commission and the Commodity Futures Trading Commission to issue Red Flags guidelines and regulations. 5 15 U.S.C. 1681c(h). 6 15 U.S.C. 1681c. 3 15 PO 00000 Frm 00145 Fmt 4703 Sfmt 4703 3281 As required by section 114 of the FACT Act, appendix J to 12 CFR part 41 contains guidelines for financial institutions and creditors to use in identifying patterns, practices, and specific forms of activity that may indicate the existence of identity theft. In addition, 12 CFR 41.90 requires each financial institution or creditor that is a national bank, federal savings association, federal branch or agency of a foreign bank, and any of their operating subsidiaries that are not functionally regulated, to establish an Identity Theft Prevention Program (Program) designed to detect, prevent, and mitigate identity theft in connection with accounts. Pursuant to § 41.91, credit card and debit card issuers must implement reasonable policies and procedures to assess the validity of a request for a change of address under certain circumstances. Section 41.90 requires each OCCregulated financial institution or creditor that offers or maintains one or more covered accounts to develop and implement a Program. In developing a Program, financial institutions and creditors are required to consider the guidelines in appendix J and include the suggested provisions, as appropriate. The initial Program must be approved by the institution’s board of directors or by an appropriate committee thereof. The board, an appropriate committee thereof, or a designated employee at the level of senior management must be involved in the oversight of the Program. In addition, staff members must be trained to carry out the Program. Pursuant to § 41.91, each credit and debit card issuer is required to establish and implement policies and procedures to assess the validity of a change of address request if it is followed by a request for an additional or replacement card. Before issuing the additional or replacement card, the card issuer must notify the cardholder of the request and provide the cardholder a reasonable means to report incorrect address changes or use another means to assess the validity of the change of address. As required by section 315 of the FACT Act, § 1022.82 7 requires users of consumer reports to have in place reasonable policies and procedures that must be followed when a user receives a notice of address discrepancy from a CRA. Section 1022.82 requires each user of consumer reports to develop and 7 Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act transferred this regulation to the CFPB. The OCC retains enforcement authority for this regulation for institutions with $10 billion in total assets or less. E:\FR\FM\11FEN1.SGM 11FEN1 3282 Federal Register / Vol. 84, No. 28 / Monday, February 11, 2019 / Notices implement reasonable policies and procedures designed to enable the user to form a reasonable belief that a consumer report relates to the consumer about whom it requested the report when it receives a notice of address discrepancy from a CRA. A user of consumer reports also must develop and implement reasonable policies and procedures for furnishing a customer address that the user has reasonably confirmed to be accurate to the CRA from which it receives a notice of address discrepancy when the user can: (1) Form a reasonable belief that the consumer report relates to the consumer about whom the user has requested the report; (2) establish a continuing relationship with the consumer; and (3) establish that it regularly and in the ordinary course of business furnishes information to the CRA from which it received the notice of address discrepancy. Type of Review: Regular. Affected Public: Individuals; Businesses or other for-profit. Estimated Number of Respondents: 1,187. Estimated Total Annual Burden: 132,007 hours. The OCC issued a notice for 60 days of comment regarding this collection on November 13, 2018, 83 FR 56402. No comments were received. Comments continue to be invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the OCC, including whether the information has practical utility; (b) The accuracy of the OCC’s estimate of the burden of the collection of information; (c) Ways to enhance the quality, utility, and clarity of the information to be collected; (d) Ways to minimize the burden of the collection on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) Estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Dated: February 4, 2019. Theodore J. Dowd, Deputy Chief Counsel, Office of the Comptroller of the Currency. [FR Doc. 2019–01719 Filed 2–8–19; 8:45 am] BILLING CODE 4810–33–P VerDate Sep<11>2014 18:05 Feb 08, 2019 Jkt 247001 DEPARTMENT OF THE TREASURY Office of Foreign Assets Control [Case ID VENEZUELA–EO13850–15615] Notice of OFAC Sanctions Actions Office of Foreign Assets Control, Treasury. ACTION: Notice AGENCY: The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is: (1) Providing notice of the sectoral determination by the Secretary of the Treasury pursuant to Executive Order 13850 (‘‘Blocking Property of Additional Persons Contributing to the Situation in Venezuela’’) (E.O. 13850); and (2) publishing the names of one or more persons that have been placed on OFAC’s Specially Designated Nationals and Blocked Persons List based on OFAC’s determination that one or more applicable legal criteria were satisfied. All property and interests in property subject to U.S. jurisdiction of these persons are blocked, and U.S. persons are generally prohibited from engaging in transactions with them. DATES: See SUPPLEMENTARY INFORMATION section for effective date(s). FOR FURTHER INFORMATION CONTACT: OFAC: Associate Director for Global Targeting, tel.: 202–622–2420; Assistant Director for Sanctions Compliance & Evaluation, tel.: 202–622–2490; Assistant Director for Licensing, tel.: 202–622–2480; Assistant Director for Regulatory Affairs, tel.: 202–622–4855; or the Department of the Treasury’s Office of the General Counsel: Office of the Chief Counsel (Foreign Assets Control), tel.: 202–622–2410. SUPPLEMENTARY INFORMATION: SUMMARY: Electronic Availability The Specially Designated Nationals and Blocked Persons List and additional information concerning OFAC sanctions programs are available on OFAC’s website (https://www.treasury.gov/ofac). Notice of OFAC Actions Sectoral Determination by the Secretary of the Treasury Pursuant to E.O. 13850 On January 28, 2019, the Secretary of the Treasury made the following determination: Section 1(a) of E.O. 13850 imposes economic sanctions on any person determined by the Secretary of the Treasury, in consultation with the Secretary of State, to operate in such sectors of the Venezuelan economy as may be determined, pursuant to section 1(a)(i) of E.O. 13850, by the Secretary of PO 00000 Frm 00146 Fmt 4703 Sfmt 4703 the Treasury, in consultation with the Secretary of State. To further address the extraordinary threat to the national security and foreign policy of the United States described in E.O. 13850, and in consultation with the Secretary of State, I hereby determine that section 1(a)(i) shall apply to the oil sector of the Venezuelan economy. Any person I or my designee subsequently determine, in consultation with the Secretary of State, operates in this sector shall be subject to sanctions pursuant to section 1(a)(i). Blocking of Property and Interests in Property Pursuant to E.O. 13850 On January 28, 2019, OFAC determined that the property and interests in property subject to U.S. jurisdiction of the following person is blocked under the relevant sanctions authority listed below. Entity 1. PETROLEOS DE VENEZUELA, S.A. (a.k.a. PDVSA; a.k.a. PETROLEOS DE VENEZUELA S A; a.k.a. PETROLEOS DE VENEZUELA S.A; a.k.a. REFINERIA EL PALITO), Edificio Petroleos De Venezuela, Torre Este, Piso 9, Avenida Libertador con calle El Empalme, La Campina, Caracas 1010, Venezuela; Torre Este Piso 9, Edif Petroleos de Venezuela, Avenida Libertador, Urb La Campina, Caracas, Distrito Federal, Venezuela; RIF # J–00095036–9 (Venezuela) [VENEZUELA–EO13850]. Designated pursuant to section 1(a)(i) of Executive Order 13850 of November 1, 2018, ‘‘Blocking Property of Additional Persons Contributing to the Situation in Venezuela’’ (E.O. 13850), for operating in the oil sector of the Venezuelan economy. Dated: January 28, 2019. Andrea Gacki, Director, Office of Foreign Assets Control. [FR Doc. 2019–01796 Filed 2–8–19; 8:45 am] BILLING CODE 4810–AL–P DEPARTMENT OF VETERANS AFFAIRS VA Prevention of Fraud, Waste, and Abuse Advisory Committee—Notice of Meeting The Department of Veterans Affairs (VA) gives notice under the Federal Advisory Committee that the VA Prevention of Fraud, Waste, and Abuse Advisory Committee will meet virtually on April 9, 2019 from 12:00 p.m. until 2:30 p.m. (EDT). The toll-free telephone number for this meeting is (844) 825– 8490, access code: 734168606#. (Note: Note: The telephone line will be muted E:\FR\FM\11FEN1.SGM 11FEN1

Agencies

[Federal Register Volume 84, Number 28 (Monday, February 11, 2019)]
[Notices]
[Pages 3280-3282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01719]


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DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency


Agency Information Collection Activities: Information Collection 
Renewal; Submission for OMB Review; Identity Theft Red Flags and 
Address Discrepancies Under the Fair and Accurate Credit Transactions 
Act of 2003

AGENCY: Office of the Comptroller of the Currency, Treasury (OCC).

ACTION: Notice and request for comment.

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

SUMMARY: The OCC, as part of its continuing effort to reduce paperwork 
and respondent burden, invites the general public and other federal 
agencies to take this opportunity to comment on a continuing 
information collection as required by the Paperwork Reduction Act of 
1995 (PRA).
    An agency may not conduct or sponsor, and a respondent is not 
required to respond to, an information collection unless it displays a 
currently valid OMB control number.
    The OCC is soliciting comment concerning the renewal of its 
information collection titled, ``Identity Theft Red Flags and Address 
Discrepancies under the Fair and Accurate Credit Transactions Act of 
2003.'' The OCC also is giving notice that it has sent the collection 
to OMB for review.

DATES: Comments must be received on or before March 13, 2019.

ADDRESSES:  Commenters are encouraged to submit comments by email, if 
possible. You may submit comments by any of the following methods:
     Email: prainfo@occ.treas.gov.
     Mail: Legislative and Regulatory Activities Division, 
Office of the Comptroller of the Currency, Attention: 1557-0237, 400 
7th Street SW, Suite 3E-218, Washington, DC 20219.
     Hand Delivery/Courier: 400 7th Street SW, Suite 3E-218, 
Washington, DC 20219.
     Fax: (571) 465-4326.
    Instructions: You must include ``OCC'' as the agency name and 
``1557-0237'' in your comment. In general, the OCC will publish 
comments on www.reginfo.gov without change, including any business or 
personal information provided, such as name and address information, 
email addresses, or phone numbers. Comments received, including 
attachments and other supporting materials, are part of the public 
record and subject to public disclosure. Do not include any information 
in your comment or supporting materials that you consider confidential 
or inappropriate for public disclosure.
    Additionally, please send a copy of your comments by mail to: OCC 
Desk Officer, 1557-0237, U.S. Office of Management and Budget, 725 17th 
Street NW, #10235, Washington, DC 20503 or by email to 
oira_submission@omb.eop.gov.
    You may review comments and other related materials that pertain to 
this information collection \1\ following the close of the 30-Day 
comment period for

[[Page 3281]]

this notice by any of the following methods:
---------------------------------------------------------------------------

    \1\ On November 13, 2018 the OCC published a 60-day notice for 
this information collection.
---------------------------------------------------------------------------

     Viewing Comments Electronically: Go to www.reginfo.gov. 
Click on the ``Information Collection Review'' tab. Underneath the 
``Currently under Review'' section heading, from the drop-down menu, 
select ``Department of Treasury'' and then click ``submit.'' This 
information collection can be located by searching by OMB control 
number ``1557-0237'' or ``Identity Theft Red Flags and Address 
Discrepancies under the Fair and Accurate Credit Transactions Act of 
2003.'' Upon finding the appropriate information collection, click on 
the related ``ICR Reference Number.'' On the next screen, select ``View 
Supporting Statement and Other Documents'' and then click on the link 
to any comment listed at the bottom of the screen.
     For assistance in navigating www.reginfo.gov, please 
contact the Regulatory Information Service Center at (202) 482-7340.
     Viewing Comments Personally: You may personally inspect 
comments at the OCC, 400 7th Street, SW Washington, DC. For security 
reasons, the OCC requires that visitors make an appointment to inspect 
comments. You may do so by calling (202) 649-6700 or, for persons who 
are deaf or hearing impaired, TTY, (202) 649-5597. Upon arrival, 
visitors will be required to present valid government-issued photo 
identification and submit to security screening in order to inspect 
comments.

FOR FURTHER INFORMATION CONTACT: Shaquita Merritt, Clearance Officer, 
(202) 649-5490 or, for persons who are deaf or hearing impaired, TTY, 
(202) 649-5597, Chief Counsel's Office, Office of the Comptroller of 
the Currency, 400 7th Street SW, Suite 3E-218, Washington, DC 20219.

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), federal 
agencies must obtain approval from OMB for each collection of 
information they conduct or sponsor. ``Collection of information'' is 
defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) to include agency 
requests and requirements that members of the public submit reports, 
keep records, or provide information to a third party. The OCC requests 
that OMB extend its approval of the following collection.
    Title: Identity Theft Red Flags and Address Discrepancies under the 
Fair and Accurate Credit Transactions Act of 2003.
    OMB Control No.: 1557-0237.
    Description: Section 114 of the Fair and Accurate Credit 
Transactions Act of 2003 (FACT Act) \2\ amended section 615 of the Fair 
Credit Reporting Act (FCRA) \3\ to require the Agencies \4\ to issue 
jointly:
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    \2\ 15 U.S.C. 1681m(e).
    \3\ 15 U.S.C. 1681m.
    \4\ Section 114 required the guidelines and regulations to be 
issued jointly by the federal banking agencies (OCC, Board of 
Governors of the Federal Reserve System, and Federal Deposit 
Insurance Corporation), the National Credit Union Administration, 
and the Federal Trade Commission. Therefore, for purposes of this 
filing, ``Agencies'' refers to these entities. Note that Section 
1088(a)(8) of the Dodd-Frank Act further amended section 615 of FCRA 
to also require the Securities and Exchange Commission and the 
Commodity Futures Trading Commission to issue Red Flags guidelines 
and regulations.
---------------------------------------------------------------------------

     Guidelines for financial institutions and creditors 
regarding identity theft with respect to their account holders and 
customers; (in developing the guidelines, the Agencies are required to 
identify patterns, practices, and specific forms of activity that 
indicate the possible existence of identity theft; the guidelines must 
be updated as often as necessary and must be consistent with the 
policies and procedures required under section 326 of the USA PATRIOT 
Act, (31 U.S.C. 5318(l));
     Regulations that require each financial institution and 
each creditor to establish reasonable policies and procedures for 
implementing the guidelines in order to identify possible risks to 
account holders or customers or to the safety and soundness of the 
institution or creditor; and
     Regulations generally requiring credit and debit card 
issuers to assess the validity of change of address requests under 
certain circumstances.
    Section 315 of the FACT Act \5\ also amended section 605 of FCRA 
\6\ to require the Agencies to issue regulations providing guidance 
regarding what reasonable policies and procedures a user of consumer 
reports must have in place and employ when a user receives a notice of 
address discrepancy from a consumer reporting agency (CRA). These 
regulations are required to describe reasonable policies and procedures 
for users of consumer reports to:
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 1681c(h).
    \6\ 15 U.S.C. 1681c.
---------------------------------------------------------------------------

     Enable a user to form a reasonable belief that it knows 
the identity of the person for whom it has obtained a consumer report; 
and
     Reconcile the address of the consumer with the CRA, if the 
user establishes a continuing relationship with the consumer, and the 
user regularly and in the ordinary course of business furnishes 
information to the CRA.
    As required by section 114 of the FACT Act, appendix J to 12 CFR 
part 41 contains guidelines for financial institutions and creditors to 
use in identifying patterns, practices, and specific forms of activity 
that may indicate the existence of identity theft. In addition, 12 CFR 
41.90 requires each financial institution or creditor that is a 
national bank, federal savings association, federal branch or agency of 
a foreign bank, and any of their operating subsidiaries that are not 
functionally regulated, to establish an Identity Theft Prevention 
Program (Program) designed to detect, prevent, and mitigate identity 
theft in connection with accounts. Pursuant to Sec.  41.91, credit card 
and debit card issuers must implement reasonable policies and 
procedures to assess the validity of a request for a change of address 
under certain circumstances.
    Section 41.90 requires each OCC-regulated financial institution or 
creditor that offers or maintains one or more covered accounts to 
develop and implement a Program. In developing a Program, financial 
institutions and creditors are required to consider the guidelines in 
appendix J and include the suggested provisions, as appropriate. The 
initial Program must be approved by the institution's board of 
directors or by an appropriate committee thereof. The board, an 
appropriate committee thereof, or a designated employee at the level of 
senior management must be involved in the oversight of the Program. In 
addition, staff members must be trained to carry out the Program. 
Pursuant to Sec.  41.91, each credit and debit card issuer is required 
to establish and implement policies and procedures to assess the 
validity of a change of address request if it is followed by a request 
for an additional or replacement card. Before issuing the additional or 
replacement card, the card issuer must notify the cardholder of the 
request and provide the cardholder a reasonable means to report 
incorrect address changes or use another means to assess the validity 
of the change of address.
    As required by section 315 of the FACT Act, Sec.  1022.82 \7\ 
requires users of consumer reports to have in place reasonable policies 
and procedures that must be followed when a user receives a notice of 
address discrepancy from a CRA.
---------------------------------------------------------------------------

    \7\ Title X of the Dodd-Frank Wall Street Reform and Consumer 
Protection Act transferred this regulation to the CFPB. The OCC 
retains enforcement authority for this regulation for institutions 
with $10 billion in total assets or less.
---------------------------------------------------------------------------

    Section 1022.82 requires each user of consumer reports to develop 
and

[[Page 3282]]

implement reasonable policies and procedures designed to enable the 
user to form a reasonable belief that a consumer report relates to the 
consumer about whom it requested the report when it receives a notice 
of address discrepancy from a CRA. A user of consumer reports also must 
develop and implement reasonable policies and procedures for furnishing 
a customer address that the user has reasonably confirmed to be 
accurate to the CRA from which it receives a notice of address 
discrepancy when the user can: (1) Form a reasonable belief that the 
consumer report relates to the consumer about whom the user has 
requested the report; (2) establish a continuing relationship with the 
consumer; and (3) establish that it regularly and in the ordinary 
course of business furnishes information to the CRA from which it 
received the notice of address discrepancy.
    Type of Review: Regular.
    Affected Public: Individuals; Businesses or other for-profit.
    Estimated Number of Respondents: 1,187.
    Estimated Total Annual Burden: 132,007 hours.
    The OCC issued a notice for 60 days of comment regarding this 
collection on November 13, 2018, 83 FR 56402. No comments were 
received. Comments continue to be invited on:
    (a) Whether the collection of information is necessary for the 
proper performance of the functions of the OCC, including whether the 
information has practical utility;
    (b) The accuracy of the OCC's estimate of the burden of the 
collection of information;
    (c) Ways to enhance the quality, utility, and clarity of the 
information to be collected;
    (d) Ways to minimize the burden of the collection on respondents, 
including through the use of automated collection techniques or other 
forms of information technology; and
    (e) Estimates of capital or start-up costs and costs of operation, 
maintenance, and purchase of services to provide information.

    Dated: February 4, 2019.
Theodore J. Dowd,
Deputy Chief Counsel, Office of the Comptroller of the Currency.
[FR Doc. 2019-01719 Filed 2-8-19; 8:45 am]
 BILLING CODE 4810-33-P
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