[Federal Register Volume 85, Number 223 (Wednesday, November 18, 2020)]
[Notices]
[Pages 73463-73465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25362]


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BUREAU OF CONSUMER FINANCIAL PROTECTION

[Docket No: CFPB-2020-0036]


Privacy Act of 1974; System of Records

AGENCY: Bureau of Consumer Financial Protection.

ACTION: Notice of a modified system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, the 
Bureau of Consumer Financial Protection, hereinto referred to as the 
Consumer Financial Protection Bureau (Bureau), gives notice of the 
establishment of a revised Privacy Act System of Records. This revised 
system will collect information related to the administration of the 
Bureau's advisory committees, to include applications to serve as 
members.

DATES: Comments must be received no later than December 18, 2020. The 
modified system of records will be effective December 28, 2020, unless 
the comments received result in a contrary determination.

ADDRESSES: You may submit comments, identified by the title and docket 
number (see above Docket No. CFPB-2020-0036), by any of the following 
methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected].
     Mail/Hand Delivery/Courier: Tannaz Haddadi, Chief Privacy 
Officer, Consumer Financial Protection Bureau, 1700 G Street NW, 
Washington, DC 20552. Please note that due to circumstances associated 
with the COVID-19 pandemic, the Bureau discourages the submission of 
comments by mail, hand delivery, or courier.

All submissions must include the agency name and docket number for this 
notice. In general, all comments received will be posted without change 
to http://www.regulations.gov. In addition, once the Bureau's 
headquarters reopens, comments will be available for public inspection 
and copying at 1700 G Street NW, Washington, DC 20552 on official 
business days between the hours of 10 a.m. and 5 p.m. Eastern Time. At 
that time, you can make an appointment to inspect comments by 
telephoning (202) 435-9169. All comments, including attachments and 
other supporting materials, will become part of the public record and 
subject to public disclosure. You should submit only information that 
you wish to make available publicly.

FOR FURTHER INFORMATION CONTACT: Tannaz Haddadi, Chief Privacy Officer, 
Consumer Financial Protection Bureau, 1700 G Street NW, Washington, DC 
20552, (202) 435-7058.

SUPPLEMENTARY INFORMATION: The Bureau revises its Privacy Act System of 
Records Notice (SORN) ``CFPB.016--CFPB Advisory Boards and Committees 
Records System'' to be renamed ``CFPB.016 CFPB Advisory Committees 
Records System.'' As such, references to ``board and committees'' are 
changed to ``advisory committees'' throughout for accuracy. The Bureau 
modifies the categories of individuals in the system to include any 
individuals, including general members of the public, who apply to 
serve on the Bureau's advisory committees. Additionally, this 
modification clarifies that individuals may be recommended to serve on 
the boards or councils, not nominated, as previously noted. The Bureau 
also modifies the categories of records to: (1) Clarify that 
citizenship and/or resident status may be included as information 
collected to determine an individual's eligibility to serve on the 
advisory committees; and (2) include demographic information, such as 
gender and race/ethnicity information, to carry out the Bureau's 
interest in ensuring diversity. Furthermore, the Bureau modifies the 
policies and practices for the retention and disposal of records to 
include the approved

[[Page 73464]]

general records schedule for maintaining records pertinent to the 
administration of the advisory committees. In addition, the Bureau 
makes non-substantive edits to Routine Use 8 to clarify its purpose; 
the actual disclosure permitted under the Routine Use remains 
unchanged. Finally, the Bureau is making non-substantive revisions to 
the SORN to align with the Office of Management and Budget's 
recommended model in Circular A-108, appendix II.
    The report of the revised system of records has been submitted to 
the Committee on Oversight and Government Reform of the House of 
Representatives, the Committee on Homeland Security and Governmental 
Affairs of the Senate, and the Office of Management and Budget, 
pursuant to OMB Circular A-108, ``Federal Agency Responsibilities for 
Review, Reporting, and Publication under the Privacy Act'' (Dec. 
2016),\1\ and the Privacy Act of 1974, 5 U.S.C. 552a(r).
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    \1\ Although pursuant to section 1017(a)(4)(E) of the Consumer 
Financial Protection Act, Public Law 111-203, the Bureau is not 
required to comply with OMB-issued guidance, it voluntarily follows 
OMB privacy-related guidance as a best practice and to facilitate 
cooperation and collaboration with other agencies.
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SYSTEM NAME AND NUMBER:
    CFPB.016--Advisory Committees System.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Consumer Financial Protection Bureau, 1700 G Street NW, Washington, 
DC 20552.

SYSTEM MANAGER(S):
    Consumer Financial Protection Bureau, Chief Operating Officer, 1700 
G Street NW, Washington, DC 20552.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Public Law 111-203, title X, sections 1011, 1012, 1014, codified at 
12 U.S.C.5491, 5492, 5494.

PURPOSE(S) OF THE SYSTEM:
    The system collects and maintains information on Bureau advisory 
committee members, and those that may interact with the Bureau 
regarding the committees. The records are used for administration of 
the advisory committees, including the evaluation of potential 
committee members for eligibility to serve on Bureau committees and the 
preparation of minutes and reports of Bureau advisory committee 
meetings, events, or programs. The information will also be used for 
administrative purposes to ensure quality control, performance, and 
improving management processes.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals covered by this system include any individual who has 
recommended an individual to be on an advisory committee to the Bureau 
(Bureau board or council), applies to serve on an advisory committee, 
is currently serving on a Bureau advisory committee and/or has served 
on a Bureau advisory committee and is no longer serving. Bureau 
advisory committee alternatives are also included in this system. 
Individuals covered by this system also include any individual, 
including a member of the public, who upon invitation from a Bureau 
advisory committee, provides advice or comments or otherwise interacts 
with a Bureau advisory committee.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Information maintained on individuals who are applying to be, or 
are past, present or recommended members of Bureau advisory committees 
will include: (1) Contact information (e.g., name, business phone 
number, email address); (2) information relevant to the Bureau's 
determination of an individual's eligibility for serving on a Bureau 
advisory committees, including but not limited to (a) that individual's 
date of birth, place of birth, citizenship and/or resident status, and 
any prior or pending civil or criminal actions against that individual 
for the purpose of conducting a background investigation; (b) 
education, registration in professional societies, work experience, 
record of performance, publications authored, membership on other 
boards and committees, professional awards, for purposes of assessing 
an individual's qualifications for service; (3) financial disclosure 
information, declaration of desire and eligibility to serve, and 
lobbyist registrations, for purposes of identifying any potential 
conflicts of interest that may arise from an individual's service on a 
Bureau advisory committees; (4) names of professional references and 
notes and records of conversations with those references; (5) 
demographic information, such as gender and race/ethnicity; and (6) 
miscellaneous correspondence relating to the above. Information 
maintained on experts, consultants, and other members of the public 
invited to provide advice or comments to a Bureau advisory committee or 
otherwise interact with a Bureau advisory committee will include 
contact information (e.g., name, business phone number, email address).

RECORD SOURCE CATEGORIES:
    Information in this system is obtained directly from the individual 
who is the subject of these records, including any individual who has 
recommended an individual to be on a Bureau advisory committee, has 
served as a reference for a Bureau board or committee member or 
applicant, or has been recommended or applied to be on a Bureau board 
or committee, is currently serving on a Bureau board or council, and/or 
has served on a Bureau board or council and is no longer serving, as 
well as board and council alternatives and any individual who upon 
invitation from a Bureau board or council, provides advice or comments 
on issues or has otherwise interacted with a Bureau board or council. 
Information is also collected, as necessary from third parties who 
provide information used by the Bureau to determine an individual's 
eligibility for serving on a Bureau board or council.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    These records may be disclosed, consistent with the Bureau's 
Disclosure of Records and Information Rules, promulgated at 12 CFR 1070 
et seq., to:
    (1) Appropriate agencies, entities, and persons when (a) the Bureau 
suspects or has confirmed that there has been a breach of the system of 
records; (b) the Bureau has determined that as a result of the 
suspected or confirmed breach there is a risk of harm to individuals, 
the Bureau (including its information systems, programs, and 
operations), the Federal Government, or national security; and (c) the 
disclosure made to such agencies, entities, and persons is reasonably 
necessary to assist in connection with the Bureau's efforts to respond 
to the suspected or confirmed breach or to prevent, minimize, or remedy 
such harm;
    (2) Another Federal agency or Federal entity, when the Bureau 
determines that information from this system of records is reasonably 
necessary to assist the recipient agency or entity in (a) responding to 
a suspected or confirmed breach or (b) preventing, minimizing, or 
remedying the risk of harm to individuals, the recipient agency or 
entity (including its information systems, programs, and operations), 
the Federal Government, or national security, resulting from a 
suspected or confirmed breach;
    (3) Another Federal or State agency to (a) permit a decision as to 
access,

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amendment or correction of records to be made in consultation with or 
by that agency, or (b) verify the identity of an individual or the 
accuracy of information submitted by an individual who has requested 
access to or amendment or correction of records;
    (4) The Executive Office of the President in response to an inquiry 
from that office made at the request of the subject of a record or a 
third party on that person's behalf;
    (5) Congressional offices in response to an inquiry made at the 
request of the individual to whom the record pertains;
    (6) Contractors, agents, or other authorized individuals performing 
work on a contract, service, cooperative agreement, job, or other 
activity on behalf of the Bureau or Federal Government and who have a 
need to access the information in the performance of their duties or 
activities;
    (7) The Department of Justice (DOJ) for its use in providing legal 
advice to the Bureau or in representing the Bureau in a proceeding 
before a court, adjudicative body, or other administrative body, where 
the use of such information by the DOJ is deemed by the Bureau to be 
relevant and necessary to the advice or proceeding, and such proceeding 
names as a party in interest:
    (a) The Bureau;
    (b) Any employee of the Bureau in his or her official capacity;
    (c) Any employee of the Bureau in his or her individual capacity 
where DOJ has agreed to represent the employee; or
    (d) The United States, where the Bureau determines that litigation 
is likely to affect the Bureau or any of its components;
    (8) To the public in the form of names, affiliations, and other 
pertinent biographical information of board or committee members that 
may be included in meeting minutes or other documents made publicly 
available through the Bureau website or other mechanisms; and
    (9) Appropriate agencies, entities, and persons to the extent 
necessary to obtain information relevant to making a determination of 
whether an individual is eligible to serve on a CFPB board or 
committee.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    The records are maintained in paper and electronic media. Access to 
electronic records is restricted to authorized personnel who have been 
issued non-transferrable access codes and passwords.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrievable by a variety of fields including, without 
limitation, the individual's name, address, employer, or by some 
combination thereof.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The Bureau maintains the committee meeting records in accordance 
with National Archive and Records Administration (NARA) General Records 
Schedules (GRS) 6.2 Federal Advisory Committee Records, item 050 (DAA-
GRS-2015-0001-0005). The records are destroyed when superseded, 
obsolete, no longer needed, or upon termination of the committee, 
whichever is sooner. The Bureau maintains the applicant's or 
recommended member's records in accordance with GRS 6.2 Federal 
Advisory Committee Records, item 060 (DAA-GRS-2015-0001-0006). The 
records are destroyed when 3 years old, 3 years after submission of 
report, or 3 years after superseded or obsolete, as appropriate. Longer 
retention is authorized as required for business use.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Access to electronic records is restricted to authorized personnel 
who have been issued non-transferrable access codes and passwords. 
Other records are maintained in locked file cabinets or rooms with 
access limited to those personnel whose official duties require access.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to any record contained in this system 
of records may inquire in writing in accordance with instructions in 12 
CFR 1070.50 et seq. Address such requests to: Chief Privacy Officer, 
Bureau of Consumer Financial Protection, 1700 G Street NW, Washington, 
DC 20552. Instructions are also provided on the Bureau website: https://www.consumerfinance.gov/foia-requests/submit-request/.

CONTESTING RECORD PROCEDURES:
    Individuals seeking to contest the content of any record contained 
in this system of records may inquire in writing in accordance with 
instructions in 12 CFR 1070.50 et seq. Address such requests to: Chief 
Privacy Officer, Bureau of Consumer Financial Protection, 1700 G Street 
NW, Washington, DC 20552. Instructions are also provided on the Bureau 
website: https://www.consumerfinance.gov/privacy/amending-and-correcting-records-under-privacy-act/.

NOTIFICATION PROCEDURES:
    See ``Record Access Procedures'' above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    83 FR 23435; 78 FR 25428.

    Dated: November 12, 2020.
Ren Essene,
Senior Agency Official for Privacy, Bureau of Consumer Financial 
Protection.
[FR Doc. 2020-25362 Filed 11-17-20; 8:45 am]
BILLING CODE 4810-AM-P