[Federal Register Volume 60, Number 117 (Monday, June 19, 1995)]
[Rules and Regulations]
[Pages 31911-31912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14873]
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NATIONAL CREDIT UNION ADMINISTRATION
12 CFR Part 790
Addition of Specific Exemptions Under the Privacy Act
AGENCY: National Credit Union Administration.
ACTION: Final rule.
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SUMMARY: The NCUA Board has adopted these amendments as proposed. The
amendments reflect the addition of the (j)(2) and (k)(2) exemptions of
the Privacy Act to the NCUA regulations that describe exempt systems of
records, and link the ``Office of Inspector General (OIG) Investigative
Records--NCUA,'' system NCUA-20, to these Privacy Act exemptions.
EFFECTIVE DATE: July 19, 1995.
FOR FURTHER INFORMATION CONTACT: Alexandra B. Keith, Counsel to the
Inspector General, Office of Inspector General, National Credit Union
Administration, 5th floor, 1775 Duke Street, Alexandria, VA, 22314,
Telephone: 703-518-6352.
SUPPLEMENTARY INFORMATION: In 1989, in response to the Inspector
General Act Amendments, Pub. L. 100-504, the National Credit Union
Administration Board established a statutorily designated Inspector
General (IG), to whom the functions of the former NCUA Office of
Internal Auditor, were transferred. The functions of NCUA's Office of
Inspector General (OIG) include: (1) The detection and prevention of
waste, fraud, and abuse and (2) the promotion of economy and efficiency
in NCUA programs and operations. As one of its principal functions, the
OIG performs investigations into alleged violations of criminal law in
connection with NCUA's programs and operations, pursuant to the IG Act
of 1978, as amended. In conjunction with these functions, OIG reports
suspected violations of criminal and civil law to the U.S. Attorney
General.
Section (j)(2) of the Privacy Act (Title 5 U.S.C. 552a (j)(2))
permits the head of an agency to promulgate rules to exempt a system of
records from certain requirements if the system is maintained by an
agency component or sub component whose principal function pertains to
the enforcement of criminal laws and if the system of records is
compiled for a criminal law enforcement purpose. Accordingly, to
[[Page 31912]] the extent it includes this kind of records, the OIG
Investigative Records system of records is exempt from the following
sections of 552a of Title 5 U.S.C.: (c)(3), (c)(4), (d), (e)(1),
(e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (f),
and (g), as well as from the corresponding regulatory subsections.
Section (k)(2) (Title 5 U.S.C. 552a(k)(2)) permits exemption from
certain requirements if the system consists of investigatory material
compiled for law enforcement purposes, other than material within the
scope of subsection (j)(2); Provided however, that if any individual is
denied any right, privilege, or benefit that he or she would otherwise
be entitled to by Federal law, or for which he or she would otherwise
be eligible, as a result of the maintenance of such material, such
material shall be provided to such individual except to the extent that
the disclosure of such material would reveal the identity of a source
who furnished information to the Government under an express promise
that the identity of the source would be held in confidence, or prior
to January 1, 1975, under an implied promise that the identity of the
source should be held in confidence. Accordingly, to the extent that it
includes these kinds of records, this system of records is also exempt
under Section (k)(2) from the following sections of 552a of Title 5
U.S.C.: (c)(3);(d); (e)(1); (e)(4)(G), (H), and (I); and (f), as well
as from the corresponding regulatory subsections. This rule, amending
12 CFR 792.34, makes NCUA's regulations consistent with those of the
majority of agencies with statutory IG's.
Summary of Comments and Discussion of Issues
The agency received no comments on its proposed rule.
Overview of Final Rule
The final rule is the same as the proposed rule (See 60 FR 18036,
April 10, 1995). Two Privacy Act exemptions, 5 U.S.C. 552 (j)(2) and 5
U.S.C. 552a(k)(2) were proposed as discussed above.
Regulatory Procedures
Regulatory Flexibility Act
As required by the Regulatory Flexibility Act (5 U.S.C. 605(b)),
the NCUA certifies that this rule does not have a significant economic
impact on a substantial number of small entities. The amendments to 12
CFR are procedural in nature and will aid an NCUA office to perform its
criminal law enforcement function.
Paperwork Reduction Act
These amendments contain no information collection requirements and
therefore is not subject to the requirements of the Paperwork Reduction
Act of 1980 (44 U.S.C. 3501 et seq.)
Executive Order 12612
This amendment to NCUA's systems of record notice does not affect
state regulation of credit unions.
List of Subjects in 12 CFR Part 792
Criminal penalties, Freedom of Information, Privacy, Reporting and
recordkeeping requirements, Sunshine Act.
By the National Credit Union Administration Board on June 12,
1995.
Becky Baker,
Secretary of the Board.
Accordingly, the proposed rule adding two new Privacy Act
exemptions to the Office of Inspector General system of investigative
records to 12 CFR part 792, is adopted by the NCUA Board as a final
rule as follows:
PART 792--[AMENDED]
Subpart B--The Privacy Act
1. The authority citation for part 792 is revised to read as
follows:
Authority: 12 U.S.C. 1766(a) and 1789(a)(7); 5 U.S.C. App. 3.
Subpart B is also issued under 5 U.S.C. 552a.
2. In Sec. 792.34, a new paragraph (b)(3) is added to read as
follows:
Sec. 792.34 Exemptions.
* * * * *
(b) * * *
(3) System NCUA-20, entitled, ``Office of Inspector General (OIG)
Investigative Records,'' consists of OIG records of closed and pending
investigations of individuals alleged to have been involved in criminal
violations. The records in this system are exempted pursuant to
Sections (k)(2) of the Privacy Act, 5 U.S.C. 552a(k)(2), from sections
(c)(3); (d); (e)(1); (e)(4)(G); (e)(4)(H); (e)(4)(I); and (f). The
records in this system are also exempted pursuant to Section (j)(2) of
the Privacy Act, 5 U.S.C. 552a(j)(2), from sections (c)(3); (c)(4);
(d); (e)(1); (e)(2); (e)(3); and (g).
* * * * *
[FR Doc. 95-14873 Filed 6-16-95; 8:45 am]
BILLING CODE 7535-01-U
