[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