Federal Register / Vol. 60, No. 240 / Thursday, December 14, 1995 / Notices 64241

involved, the suspected person, the type

of suspicious activity involved, the

amount of loss known, and any

witnesses. Also, administrative actions

taken by the OCC against directors,

officers, employees, shareholders,

agents, and persons participating in the

conduct of the affairs of entities

regulated by the OCC.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

12 U.S.C. 481, 1817(j), 1818 and 1820;

15 U.S.C. 78c(a)(34), 78l(i), 78u, 78o–4.

PURPOSE(S):

The overall system serves as a central

OCC repository for investigatory or

enforcement information related to the

responsibility of the OCC to examine

and supervise entities regulated by the

OCC.

The system maintained by FinCEN

serves as the database for the

cooperative storage, retrieval, analysis,

and use of information relating to

Suspicious Activity Reports made to or

by the Federal financial regulatory

agencies and FinCEN to various law

enforcement agencies for possible

criminal, civil, or administrative

proceedings based on known or

suspected violations affecting or

involving persons, financial institutions,

or other entities under the supervision

or jurisdiction of such Federal financial

regulatory agencies.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

Information in these records may be

used to: (1) Provide the Department of

Justice with periodic reports that

indicate the number, amount,

individual identity, and other details

concerning outstanding potential

criminal violations of the law that have

been referred to the Department; (2)

Provide the Federal financial regulatory

agencies and FinCEN with information

relevant to their operations; (3) Disclose

information to third parties during the

course of an investigation to the extent

necessary to obtain information

pertinent to the investigation; (4)

Provide information or records to any

appropriate domestic or foreign

governmental agency or self-regulatory

organization charged with the

responsibility of administering law or

investigating or prosecuting violations

of law or charged with enforcing or

implementing a statute, rule, regulation,

order, policy, or license; (5) Disclose,

when considered appropriate,

information to a bar association, or other

trade or professional organization

performing similar functions, for

possible disciplinary action; (6) Disclose

information, when appropriate, to

international and foreign governmental

authorities in accordance with law and

formal or informal international

agreements; (7) Disclose the existence,

but not necessarily the content, of

information or records in cases where

the OCC is a party or has direct interest

and where the OCC, in its sole

discretion, has concluded that such

disclosure is necessary; (8) Disclose

information to any person with whom

the OCC contracts to reproduce, by

typing, photocopying or other means,

any record within this system for use by

the OCC and its staff in connection with

their official duties or to any person

who is utilized by the OCC to perform

clerical or stenographic functions

relating to the official business of the

OCC.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Records are maintained on magnetic

media and in paper and card files.

RETRIEVABILITY:

Computer output, file folders, and

card files are retrievable by indexes of

data fields, including name of financial

institution and individuals’ names.

SAFEGUARDS:

Paper and card files are stored in

lockable metal file cabinets. Computer

disks maintained at the OCC are

accessed only by authorized personnel.

The database maintained by FinCEN

complies with applicable security

requirements of the Department of the

Treasury. On-line access to the

information in the database is limited to

authorized individuals who have been

specified by each Federal financial

regulatory agency and FinCEN, and each

such individual has been issued a non—

transferable identifier or password.

RETENTION AND DISPOSAL:

Records are periodically updated to

reflect changes and maintained as long

as needed.

SYSTEM MANAGER(S) AND ADDRESS:

Director, Enforcement and

Compliance Division, and Director,

Securities and Corporate Practices

Division, Law Department, Office of the

Comptroller of the Currency, 250 E

Street, SW, Washington, DC 20219.

NOTIFICATION PROCEDURE:

Certain records in this system are

exempt from notification and record—

access requirements and requirements

that an individual be permitted to

contest its contents under 5 U.S.C.

552a(j)(2) and (k)(2) as relating to

investigatory material compiled for law

enforcement purposes. Requests relating

to records not subject to the exemption

should be sent to: Director, Public

Affairs, 250 E Street, SW, Washington,

DC 20219.

RECORD ACCESS PROCEDURE:

See ‘‘Notification procedure’’ above.

CONTESTING RECORD PROCEDURE:

See ‘‘Notification procedure’’ above.

RECORD SOURCE CATEGORIES:

Suspicious activity reports and

related historical information and

updating forms compiled by the OCC

and the other Federal financial

regulatory agencies for law enforcement

purposes. The OCC will also include

information from its Enforcement and

Compliance Information System.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

Components of this system have been

designated as exempt from 5 U.S.C.

552(a)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3),

(e)(4)(G), (e)(4)(H), (e)(5), (e)(8), (f) and

(g) of the Privacy Act pursuant to 5

U.S.C. 552a(j)(2) and (k)(2).

[FR Doc. 95–30434 Filed 12–13–95; 8:45 am]

BILLING CODE 4810–33–F

Office of Thrift Supervision

Privacy Act of 1974; As Amended;

System of Records

AGENCY: Office of Thrift Supervision,

Treasury.

ACTION: Amendment to an existing

system of records.

SUMMARY: In accordance with the

Privacy Act of 1974 (Privacy Act), Office

of Thrift Supervision (OTS) is

publishing an amendment to an existing

system of records. This amendment

reflects an ongoing review of an existing

system of records pursuant to Appendix

I to OMB Circular No. A–130—Revised,

which has resulted in changes in nearly

all elements of the system of records. In

addition, the changes reflect a new

proposed interagency suspicious

activity reporting process, combining

the criminal referral and suspicious

financial transactions reporting

requirements of the Federal financial

regulatory agencies and Treasury, and

involving the use of a new

computerized database maintained by

Financial Crimes Enforcement Network

(FinCEN) on behalf of the Federal

financial regulatory agencies and

Treasury.
64242 Federal Register / Vol. 60, No. 240 / Thursday, December 14, 1995 / Notices

DATES: Comments must be received by

January 16, 1996,. If no comments are

received which precipitate changes to

the system, the system will become

effective on January 23, 1996.

ADDRESSES: Send comments to: Chief,

Dissemination Branch, Records

Management and Information Policy,

Office of Thrift Supervision, 1700 G

Street, NW, Washington, DC 20552.

These submissions may be hand–

delivered to 1700 G Street, NW, from 9

am to 5 pm on business days; they may

be sent by facsimile transmission to

FAX number (202) 906–7755.

Comments will be available for

inspection at 1700 G Street, NW, from

1 pm until 4 pm on business days.

FOR FURTHER INFORMATION CONTACT:

Randy Thomas, Special Counsel,

General Law Division, (202) 906–7945.

SUPPLEMENTARY INFORMATION: OTS is

amending its existing system of records

entitled Confidential Individual

Information System, Treasury/OTS .001,

last published in the Federal Register at

60 FR 13770, (March 14, 1995) for

which it has promulgated exemption

rules pursuant to exemptions (j)(2) and

(k)(2) of the Privacy Act, 5 U.S.C.

552a(j)(2) and (k)(2).

Certain of the changes to the system

reflect a proposed agreement between

FinCEN, the Federal Reserve Board

(FRB), the Office of the Comptroller of

the Currency (OCC), the Federal Deposit

Insurance Corporation (FDIC), the OTS,

and the National Credit Union

Administration (NCUA) (the Federal

financial regulatory agencies) to store

Suspicious Activity Reports (SAR) in

electronic form in a database

maintained by FinCEN and located at

the Internal Revenue Service (IRS)

Computing Center in Detroit, Michigan.

It is proposed that the IRS Computing

Center, as a contractor to FinCEN and

the Federal financial regulatory

agencies, will operate and administer

the computer system that supports the

SAR database. Except for a limited

number of authorized personnel from

the Criminal Investigation Division,

employees of the IRS will not have

access to the SAR database.

The SAR is being adopted by all

Federal financial regulatory agencies as

a replacement for the Criminal Referral

Form, which has been used by

depository institutions to report

suspected criminal activity to the

Federal financial regulatory agencies

and the Federal law enforcement

authorities (see FRB and OCC proposed

rules at 60 FR 34481 and 60 FR 34476,

respectively, July 3, 1995, and OTS

proposed rules at 60 FR 36366, July 17,

1995), and by Treasury to implement

suspicious financial transaction

reporting rules (see Treasury proposed

rulemaking at 60 FR 46556, September

7, 1995).

Information from the Criminal

Referral Form is included in the existing

Information System, and similar

information will continue to be

collected by the SAR. In addition to

reports of suspected criminal activity,

the SAR will also allow a financial

institution to report suspicious financial

transactions under Federal money

laundering statutes, pursuant to

Treasury regulations (31 CFR part 103).

This information, which may include

financial transactions by individuals,

will be included in the existing

Information System. Only the

information collected by the SAR, and

its status updates, will be located in the

database maintained by FinCEN; all

other information in the Information

System is located at the OTS.

Pursuant to the inter–agency

agreement between FinCEN and the

Federal financial regulatory agencies,

FinCEN will manage a computerized

database containing the SAR, and status

updates, which is information currently

collected and/or maintained separately

by each of the Federal financial

regulatory agencies. With regard to this

database, only those records generated

under the jurisdiction of the OTS are

considered to be OTS records for

purposes of the Privacy Act. Access to

and use of these OTS records by other

agencies continue to be governed by the

routine uses in the OTS’s Information

System.

Accordingly, the ‘‘Routine Uses’’

element is amended to reflect the

sharing among Federal financial

regulatory agencies and law

enforcement agencies of the information

collected by the SAR and the status

updates. Other changes consist of the

following: Three of the system’s former

routine uses (numbers 1, 3, and 6) are

being retained and renumbered as new

routine uses 1, 3, and 7. One former

routine use (number 4) is being deleted.

Two former routine uses (numbers 2

and 5) have been revised and

renumbered, respectively, as new

routine uses 4 and 5. New routine use

number 4 clarifies that system records

may be used to make referrals to any

appropriate governmental or selfregulatory entity with authority to

administer law, rule, policy, or license.

New routine use number 5 clarifies that

system records may be referred to bar,

trade, or professional organizations for

possible disciplinary action.

Additionally, the ‘‘Safeguards’’

element is amended to add that on-line

access to the computerized database

maintained by FinCEN is limited to

authorized individuals who have been

specified by each participating agency

and Treasury, and who have been

issued a non-transferable identifier or

password. Other amendments reflect

organizational changes and are not

significant. The exemptions for this

system of records continue to be (j)(2)

and (k)(2), because the information

consists of investigatory material

compiled for law enforcement purposes.

The altered system of records report,

as required by 5 U.S.C. 552a(r) of the

Privacy Act, has been submitted to the

Committee on Government Reform and

Oversight of the House of

Representatives, the Committee on

Governmental Affairs of the Senate, and

the Office of Management and Budget,

pursuant to Appendix 1 to OMB

Circular A–130, Federal Agency

Responsibilities for Maintaining

Records About Individuals, dated July

15, 1994.

The proposed altered system of

records, Treasury/OTS .001,

Confidential Individual Information

System, is published in its entirety

below.

DATED: December 5, 1995.

Alex Rodriguez,

Deputy Assistant Secretary (Administration).

Treasury/OTS .001

SYSTEM NAME:

Confidential Individual Information

System - Treasury/OTS.

SYSTEM LOCATION:

Enforcement Division, Office of Thrift

Supervision, 1700 G Street, NW,

Washington, DC 20552. Computerized

records of Suspicious Activity Reports

(SAR), with status updates, are managed

by FinCEN pursuant to a contractual

agreement, and are stored the Internal

Revenue Service’s Computing Center in

Detroit, Michigan. Authorized personal

at the Federal financial regulatory

agencies have on–line access to the

computerized database managed by

FinCEN through individual work

stations that are linked to the database

central computer.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Directors, officers, employees, agents,

borrowers, and persons participating in

the conduct of the affairs of entities

regulated by the OTS who have been

involved in suspected criminal activity

or suspicious financial transactions and

referred to law enforcement officials;

and other individuals who have been

involved in irregularities, violations of

law, or unsafe or unsound practices
Federal Register / Vol. 60, No. 240 / Thursday, December 14, 1995 / Notices 64243

referenced in documents received by

OTS in the exercising of its supervisory

functions.

These records also contain

information concerning individuals who

have filed notices of intention to acquire

control of a savings association;

controlling persons of companies that

have applications to acquire control of

a savings association; and organizers of

savings associations who have sought

Federal Savings and Loan Insurance

Corporation (FSLIC) or Saving

Association Insurance Fund (SAIF)

insurance of accounts or federal

charters.

CATEGORIES OF RECORDS IN THE SYSTEM:

Application information and interagency and intra-agency

correspondence, memoranda and

reports. The SAR contains information

identifying the financial institution

involved, the suspected person, the type

of suspicious activity involved, the

amount of loss known, and any

witnesses.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

12 U.S.C. 1464; 44 U.S.C. 3101.

PURPOSE(S):

The overall system serves as a central

OTS repository for investigatory or

enforcement information related to the

responsibility of OTS to examine and

supervise savings associations. It also

serves to store information on

applicants to acquire, control, or insure

a savings association in connection with

OTS’s regulatory responsibilities.

The system maintained by FinCEN

serves as the database for the

cooperative storage, retrieval, analysis,

and use of information relating to

Suspicious Activity Reports made to or

by the Federal financial regulatory

agencies and FinCEN to various law

enforcement agencies for possible

criminal, civil or administrative

proceedings based on known or

suspected violations affecting or

involving persons, financial institutions,

or other entities under the supervision

or jurisdiction of such Federal financial

regulatory agencies.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

Information in these records may be

used to: (1) Provide the Department of

Justice with periodic reports on the

number, amount, individual identity

and other details concerning

outstanding potential criminal

violations of the law that have been

referred to the Department; (2) Provide

the Federal financial regulatory agencies

and FinCEN with information relevant

to their operations; (3) Provide

information to third parties during the

course of an investigation to the extent

necessary to obtain information

pertinent to the investigation; (4)

Provide information or records to any

appropriate governmental agency or

self-regulatory organization charged

with the responsibility of administering

law or investigating or prosecuting

violations of law or charged with

enforcing or implementing a statute,

rule, regulation, order, policy, or

license; (5) Disclose, when considered

appropriate, information to a bar

association, or other professional

organizations performing similar

functions, for possible disciplinary

action; (6) Disclose information when

appropriate to international and foreign

governmental authorities in accordance

with law and formal or informal

international agreements; and (7)

Provide information to any person with

whom the OTS contracts to reproduce,

by typing, photocopying or other means,

any record within this system for use by

the OTS and its staff in connection with

their official duties or to any person

who is utilized by the OTS to perform

clerical or stenographic functions

relating to the official business of the

OTS.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Records are maintained on magnetic

media and in paper files.

RETRIEVABILITY:

Computer output and file folders are

retrievable by indexes of data fields,

including name of financial institution

and individual’s name.

SAFEGUARDS:

Paper files are stored in lockable

metal file cabinets with access limited

to authorized individuals. Computer

disks maintained at OTS are accessed

only by authorized personnel.The

database maintained by FinCEN

complies with applicable security

requirements of the Department of the

Treasury. On–line access to the

information in the database is limited to

authorized individuals, and each

individual has been issued a nontransferable identifier or password.

RETENTION AND DISPOSAL:

Records are periodically updated to

reflect changes and maintained as long

as needed.

SYSTEM MANAGER(S) AND ADDRESS:

Deputy Chief Counsel for

Enforcement, Office of Thrift

Supervision, 1700 G Street, NW,

Washington, DC 20552.

NOTIFICATION PROCEDURE:

The system is exempt from

notification and record-access

requirements and requirements that an

individual be permitted to contest its

contents under 5 U.S.C. 552a(j)(2) and

(k)(2) as relating to investigatory

material compiled for law enforcement

purposes.

RECORD ACCESS PROCEDURES:

See ‘‘Notification procedure’’ above.

CONTESTING RECORD PROCEDURES:

See ‘‘Notification procedure’’ above.

RECORD SOURCE CATEGORIES:

Suspicious activity reports and

related historical information and

updating forms compiled by financial

institutions, the OTS, and other Federal

financial regulatory agencies for law

enforcement purposes. The OTS will

also include information from

applicants, inter agency and intraagency correspondence, memoranda,

and reports.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

This system is exempt from 5 U.S.C.

552a(c)(3), (d)(1), (d)(2), (d)(3), (d)(4),

(e)(1), (e)(4)(G), (H) and (I), and (f) of the

Privacy Act pursuant to 5 U.S.C. 552a

(j)(2) and (k)(2).

[FR Doc. 95–30435 Filed 12–13–95; 8:45 am]

BILLING CODE 6720–01–F

UNITED STATES INFORMATION

AGENCY

Study of the United States Summer

Institute; Focus on U.S. Society

AGENCY: United States Information

Agency.

ACTION: Notice—Request for Proposals.

SUMMARY: The Branch for the Study of

the U.S. of the Office of Academic

Programs of the United States

Information Agency’s Bureau of

Educational and Cultural Affairs

announces an open competition for an

assistance award program for the Study

of the United States Summer Institute:

Focus on U.S. Society. Public and

private non-profit organizations meeting

the provisions described in IRS

regulation 26CFR 1.501(c)(3)–1 may

apply to develop a six-week graduatelevel program designed for a group of 18

foreign university educators from

around the world, in order to deepen

their understanding of U.S. society,

culture, and values by examining key

social institutions in the United States,