[Federal Register Volume 65, Number 207 (Wednesday, October 25, 2000)]
[Rules and Regulations]
[Pages 63789-63790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27364]


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NATIONAL CREDIT UNION ADMINISTRATION

12 CFR Part 792


The Production of Nonpublic Records and Testimony of NCUA 
Employees in Legal Proceedings and the Privacy Act

AGENCY: National Credit Union Administration (NCUA).

ACTION: Final rule.

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SUMMARY: NCUA is making minor and technical revisions to its regulation 
implementing the Privacy Act of 1974 (PA). The revised rule is updated 
to conform to current law governing the method an individual may use to 
establish his or her identity to obtain access to protected records and 
the requirements for the release of medical records. The revised rule 
changes time limits so that they conform more closely to those under 
the Freedom of Information Act (FOIA) and clarifies that the agency 
maintains four, rather than three, systems of records subject to 
exemptions under the PA. The revision also updates the rule to reflect 
organizational changes within NCUA and corrects cross-references in 
Subpart C, which governs the production of nonpublic records and the 
testimony of NCUA employees in legal proceedings.

DATES: This rule is effective November 24, 2000.

FOR FURTHER INFORMATION CONTACT: Dianne M. Salva, Staff Attorney, 
Division of Operations, Office of General Counsel, at the above address 
or telephone: (703) 518-6540.

SUPPLEMENTARY INFORMATION: On June 12, 2000, NCUA published a proposal 
to revise its PA regulation, announcing that it would accept comments 
from the public for a period of 60 days. 65 FR 36797, June 12, 2000. 
All comments submitted to NCUA were favorable.
    As part of a government-wide initiative, NCUA reviewed its 
practices related to privacy and personal information in federal 
records. In its review of the agency systems of records, it identified 
several changes in record keeping practices and agency organization. As 
a result, NCUA revised its systems notices to make them clearer and 
simpler and to eliminate redundancies. 65 FR 3486, January 21, 2000. 
Now, as a result of its review of the PA regulation, NCUA is updating 
the regulation to reflect current law, terminology and organizational 
functions and clarify which of its systems of records are subject to PA 
exemptions. The changes are minor and technical and streamline the 
regulation to make it clearer and simpler to use.

Regulatory Procedures

Paperwork Reduction Act

    This regulation imposes no additional information collection, 
reporting or record keeping requirements.

Regulatory Flexibility Act

    Pursuant to section 605(b) of the Regulatory Flexibility Act (5 
U.S.C. 605(b)), NCUA certifies that this rule will not have a 
significant economic impact on a substantial number of small entities. 
NCUA expects that this amended rule will not: (1) Have significant 
secondary or incidental effects on a substantial number of small 
entities; or (2) create any additional burden on small entities. These 
conclusions are based on the fact that the regulation's changes are 
minor and are intended to simplify and clarify agency record keeping 
and disclosure procedures. Accordingly, a regulatory flexibility 
analysis is not required.

Executive Order 13132

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

Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act of 1996 
(Pub. L. 104-121) provides generally for congressional review of agency 
rules. A reporting requirement is triggered in instances where NCUA 
issues a final rule as defined by section 551 of the Administrative 
Procedures Act. 5 U.S.C. 551. NCUA has recommended to the Office of 
Management and Budget that it determine that this is not a major rule, 
and is awaiting its determination.

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

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

Agency Regulatory Goal

    NCUA's goal is to promulgate clear and understandable regulations 
that impose minimal regulatory burden. We find that these amendments 
are understandable and minimally intrusive.

List of Subjects in 12 CFR Part 792

    Administrative practice and procedure, Archives and records, Credit 
unions, Information, Records.

    By the National Credit Union Administration Board on October 19, 
2000.
Becky Baker,
Secretary of the Board.

    For the reasons set out in the preamble, the NCUA amends 12 CFR 
part 792 as follows:

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

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

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


Sec. 792.41  [Amended]

    2. In Sec. 792.41, remove ``Sec. 792.4(b)(2)'' and add, in its 
place, ``Sec. 792.32.''


Sec. 792.47  [Amended]

    3. In Sec. 792.47(b), remove ``Sec. 792.5'' and add, in its place, 
``Sec. 792.19.''


Sec. 792.49  [Amended]

    4. In Sec. 792.49, in the definition of Nonpublic records, remove 
``Sec. 792.3'' and add, in its place, ``Sec. 792.11''.

    5. Amend Sec. 792.55 by revising paragraph (a)(3) to read as 
follows:

[[Page 63790]]

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

    (a) * * *
    (3) An individual seeking access to records about himself by mail 
or in person, who cannot provide the required documentation or 
identification, may provide an unsworn declaration subscribed to as 
true under penalty of perjury.
* * * * *

    6. Amend Sec. 792.56 by revising paragraphs (b)(1), (b)(2) and 
(b)(3) to read as follows:


Sec. 792.56  Notice of existence of records, access decisions and 
disclosure of requested information; time limits.

* * * * *
    (b) * * *
    (1) A request concerning a single system of records which does not 
require consultation with or requisition of records from another agency 
will be responded to within 20 working days after receipt of the 
request.
    (2) A request requiring requisition of records from or consultation 
with another agency will be responded to within 30 working days of 
receipt of the request.
    (3) If a request under paragraphs (b)(1) or (2) of this section 
presents unusual difficulties in determining whether the records 
involved are exempt from disclosure, the Privacy Act Officer, in the 
Office of General Counsel, may extend the time period established by 
the regulations by 10 working days.
* * * * *

    7. Amend Sec. 792.57 by revising paragraph (b) to read as follows:


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

* * * * *
    (b) When an individual requests medical records concerning himself, 
the NCUA official responsible for action on the request may advise the 
individual that the records to be released will be provided first to a 
physician designated in writing by the individual. The physician will 
provide the records to the individual.

    8. Amend Sec. 792.58 by revising the fourth sentence of paragraph 
(a) to read as follows:


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

* * * * *
    (a) * * * An individual who does not have access to NCUA's ``Notice 
of Systems of Records,'' and to whom the appropriate address is 
otherwise unavailable, may submit a request to the Privacy Act Officer, 
Office of General Counsel, National Credit Union Administration, 1775 
Duke Street, Alexandria, Virginia, 22314-3428, in which case the 
request will then be referred to the appropriate NCUA official. * * *
* * * * *

    9. Amend Sec. 792.59 by revising paragraph (e) to read as follows:


Sec. 792.59  Appeal of initial determination.

* * * * *
    (e) If access is denied because of an exemption, the individual 
will be notified of the right to appeal that determination to the 
General Counsel within 30 days after receipt. Appeals will be 
determined within 20 working days.

    10. Amend Sec. 792.65 by revising paragraph (a)(1) to read as 
follows:


Sec. 792.65  Fees.

    (a) * * *
    (1) For copies of documents provided, copy fees as stated in NCUA's 
current FOIA fee schedule; and
* * * * *

    11. Amend Sec. 792.66 by revising the first sentence of paragraph 
(a), and the first two sentences of paragraph (b)(1), and the first 
sentence of paragraph (b)(2), and adding a new paragraph (b)(4) as 
follows:


Sec. 792.66  Exemptions.

    (a) NCUA maintains four systems of records that are exempted from 
some provisions of the Privacy Act. * * *
    (b)(1) System NCUA-1, entitled ``Employee Suitability Security 
Investigations Containing Adverse Information,'' consists of adverse 
information about NCUA employees that had been obtained as a result of 
routine U.S. Office of Personnel Management (OPM) security 
Investigations. To the extent that NCUA maintains records in this 
system pursuant to OPM guidelines that may require retrieval of 
information by use of individual identifiers, those records are 
encompassed by and included in the OPM Central system of records number 
Central-9 entitled, ``Personnel Investigations Records,'' and thus are 
subject to the exemptions promulgated by OPM. * * *
    (2) System NCUA-8, entitled, ``Investigative Reports Involving Any 
Crime or Suspicious Activity Against a Credit Union, NCUA,'' consists 
of investigatory or enforcement records about individuals suspected of 
involvement in violations of laws or regulations, whether criminal or 
administrative. * * *
* * * * *
    (4) System NCUA-13, entitled, ``Litigation Case Files,'' consists 
of investigatory materials compiled for law enforcement purposes. 
Records in the Litigation Case Files system are used in connection with 
the execution of NCUA's legal and enforcement responsibilities. Because 
the system covers investigatory materials compiled for law enforcement 
purposes, it is eligible for exemption under subsection (k)(2) of the 
Privacy Act. 5 U.S.C. 552a(k)(2). The Litigation Case Files system is 
exempt from subsections (c)(3), (d), (e)(1), (e)(4)(G), (H), (I) and 
(f) of the Privacy Act. 5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4)(G), 
(H), (I) and (f). However, if an individual is denied any right, 
privilege, or benefit to which he would otherwise be entitled by 
federal law, or for which he otherwise would be eligible, as a result 
of the maintenance of such records, the records or information will be 
made available to him, provided the identity of a confidential source 
is not disclosed.
* * * * *

    12. Amend Sec. 792.69 by revising the first sentence of paragraph 
(a) to read as follows:


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

    (a) The Director of the Office of Training and Development, with 
advice from the General Counsel, is responsible for training NCUA 
employees in the obligations imposed by the Privacy Act and this 
subpart. * * *
* * * * *
[FR Doc. 00-27364 Filed 10-24-00; 8:45 am]
BILLING CODE 7535-01-P