[Privacy Act Issuances (1995)]
[From the U.S. Government Publishing Office, www.gpo.gov]
NATIONAL CREDIT UNION ADMINISTRATION
TABLE OF CONTENTS
List of Systems
1. Employee Security Investigations Containing Adverse Information,
NCUA.
2. Grievance Records, NCUA.
3. Payroll Records System, NCUA.
4. Verified Employee Mailing List, NCUA.
5. Travel Advance and Voucher Information System, NCUA.
6. New Examiner Training Files, NCUA.
7. Region I Employee Development/Correspondence Records, NCUA.
8. Region II Employee Development/Correspondence Records, NCUA.
9. Region III Employee Development/Correspondence Records, NCUA.
10. Region IV Employee Development/Correspondence Records, NCUA.
11. Region V Employee Development/Correspondence Records, NCUA.
12. Region VI Employee Development/Correspondence Records, NCUA.
13. Emergency Information (Employee) File, NCUA.
14. Employee Injury File, NCUA.
15. Investigative Reports Involving Any Crime or Suspected Crime
Against a Credit Union, NCUA.
16. Freedom of Information Act Bills Delinquent 30 Days or More, NCUA.
17. Acquired Assets and Share Payout Records System, NCUA.
18. Member Accounts, Credit Unions Closed for Involuntary Liquidation,
NCUA.
19. Trusteed Account Records System, NCUA.
20. Office of Inspector General (OIG) Investigative Records, NCUA.
21. Consumer Complaints Against Federal Credit Unions, NCUA.
22. Litigation Case Files, NCUA.
Note-- See Appendices for general ``routine uses'' applicable to each
system of records and for a listing of the locations of NCUA Regional
Offices.
NCUA-1
System name: Employee Security Investigations Containing Adverse
Information, NCUA.
System location:
Personnel Office, National Credit Union Administration, 1776 G Street,
NW, Washington, DC 20456.
Categories of individuals covered by the system:
NCUA employees on whom a routine Office of Personnel Management (OPM)
security investigation has been conducted, the results of which
contain adverse information.
Categories of records in the system:
Arrest records and/or information on moral character, integrity, or
loyalty to the United States.
Authority for maintenance of the system:
Records maintained pursuant to OPM requirements. A separate notice is
published because these records are maintained separately to provide
extraordinary safeguards against unwarranted access and disclosures.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(1) Records are reviewed by the NCUA Security Officer. If the records
are determined to be of a substantive nature, they are referred to
Regional Director for whatever action, if any, is deemed necessary.
(2) Standard routine uses as set forth in appendix A.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are maintained on paper hard copy.
Retrievability:
Records are indexed by name.
Safeguards:
Records are maintained in a locked file cabinet accessible only to the
Security Officer and his designated assistant.
Retention and disposal:
If the investigation is favorable to the employee, the record is
destroyed. If the investigation uncovers adverse information and the
employee is terminated, the record is held for two years; if the
employee is retained, the record is destroyed. If the investigation
uncovers severe adverse information the record is retained for two
years whether the employee is retained or terminated.
System manager(s) and address:
Security Officer, National Credit Union Administration, 1776 G Street,
NW, Washington, DC 20456.
Notification procedure:
An individual may inquire as to whether the system contains a record
pertaining to the individual by addressing a request in person or by
mail to the system manager listed above. If there is no record on the
individual, the individual will be so advised.
Record access procedures:
Upon request, the system manager will set forth the procedures for
gaining access to available records.
Contesting record procedures:
Requests to amend or correct a record should be directed to the system
manager listed above.
Record source categories:
Office of Personnel Management (OPM) Security Investigations Index,
FBI Headquarters investigative files, fingerprint index of arrest
records, Defense Central Index of Investigations, employers within the
last five years, listed references, and personal associates, school
registrars and responsive law enforcement agencies.
Systems exempted from certain provisions of the act:
In addition to any exemption to which this system is subject by
Notices published by or regulations promulgated by the OPM, the system
is subject to a specific exemption pursuant to 5 U.S.C. 552a(k)(5) to
the extent that disclosures would reveal a source who furnished
information under an express promise of confidentiality, or prior to
September 27, 1975, under an express or implied promise of
confidentiality.
NCUA-2
System name: Grievance Records, NCUA.
System location:
Personnel Office, National Credit Union Administration, 1776 G Street
NW, Washington, DC 20456.
Categories of individuals covered by the system:
Current or former Federal employees who have submitted grievances with
NCUA in accordance with part 771 of the OPM's regulations. These case
files contain all documents related to the grievance, including
statements of witnesses, reports of interviews and hearings,
examiners' findings and recommendations, a copy of the original and
final decision with related correspondence and exhibits.
Authority for maintenance of the system:
5 U.S.C. 1302, 3301, and 3302, E.O. 10577, 3 CFR 1954-1958 Comp., p.
218; E.O. 10987; 3 CFR 1959-1963 Comp., p. 519.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(1) Information is used by the appropriate Federal, State, or local
agency responsible for investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation, or order where the
disclosing agency becomes aware of an indication of a violation or
potential violation of civil or criminal law or regulations.
(2) Information is used by any source from which additional
information is requested in the course of processing a grievance to
the extent necessary to identify the individual, inform the source of
the purpose(s) of the request, and identify the type of information
requested.
(3) Information is used by a Federal agency in response to its request
in connection with the hiring or retention of an employee, the
issuance of a security clearance, the conducting of a security or
suitability investigation of an individual, the classifying of jobs,
the letting of a contract, or the issuance of a license, grant, or
other benefit by the requesting agency, to the extent that the
information is relevant and necessary to the requesting agency's
decision on the matter.
(4) Information is used by the congressional office from the record of
an individual in response to an inquiry from that congressional office
made at the request of that individual.
(5) Information is used by another Federal agency or by a court when
the Government is party to a judicial proceeding before the court.
(6) Information is used by the National Archives and Records
Administration (General Services Administration) in records management
inspections conducted under authority of 44 U.S.C. 2904 and 2906.
(7) Information is used by NCUA in the production of summary
descriptive statistics and analytical studies in support of the
function for which the records are collected and maintained, or for
related work force studies. While published statistics and studies do
not contain individual identifiers, in some instances, the selection
of elements of data included in the study may be structured in such a
way as to make the data individually identifiable by inference.
(8) Information is used by officials of the Office of Personnel
Management, the Merit Systems Protection Board, including the Office
of the Special Counsel, the Federal Labor Relations Authority and its
General Counsel, or the Equal Employment Opportunity Commission when
requested in performance of their authorized duties.
(9) Information (that is relevant to the subject matter involved in a
pending judicial or administrative proceeding) is used to respond to a
request for discovery or for appearance of a witness.
(10) Information is used by officials of labor organizations
reorganized under the Civil Service Reform Act when relevant and
necessary to their duties of exclusive representation concerning
personnel policies, practices, and matters affecting work conditions.
(11) Standard routine uses as set forth in appendix A.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are maintained in file folders.
Retrievability:
Records are retrievable by the names of the individuals on whom they
are maintained.
Safeguards:
Records are maintained in lockable metal filing cabinets to which only
authorized personnel have access.
Retention and disposal:
Records are disposed of three (3) years after closing of the case.
Disposal is by shredding or burning.
System manager(s) and address:
Director, Personnel Office, National Credit Union Administration, 1776
G Street, NW, Washington, DC 20456.
Notification procedure:
An individual may inquire as to whether the system contains a record
pertaining to the individual by addressing a request in person or by
mail to the system manager listed above. If there is no record on the
individual, the individual will be so advised.
Record access procedures:
Upon request, the system manager will set forth the procedures for
gaining access to available records.
Contesting record procedures:
Request to amend or correct a record should be directed to the system
manager listed above.
Record source categories:
Individual on whom the record is maintained; testimony of witness;
agency officials; related correspondence from organization or persons.
NCUA-3
System name: Payroll Records System, NCUA.
System location:
(1) Controller's Office, National Credit Union Administration, 1776 G
Street, NW, Washington, DC 20456.
(2) General Services Administration, Region VI, Kansas City, Missouri.
Categories of individuals covered by the system:
Employees of NCUA.
Categories of records in the system:
Salary and related payroll data, including time and attendance
information.
Authority for maintenance of the system:
5 U.S.C. 703; 44 U.S.C. 3301.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(1) Information is used to ensure proper compensation to all NCUA
employees and to formulate financial reports and plans used within the
agency or is sent to the General Services Administration (GAS). (2)
Also, information is used to document time worked and provide a record
of attendance to support payment of salaries and use of annual, sick,
and nonpaid leave. (3) Users of the time and attendance information
include the employee's supervisor, the office's timekeeper, the
payroll officer, and the GSA National Payroll Center in Kansas City,
Missouri. (4) Further information in this system is used to make
reportings to state and local taxing authorities. (5) Standard routine
uses as set forth in appendix A.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are retrieved by name or social security number.
Safeguards:
Records are maintained in secured offices, accessible by written
authorization only.
Retention and disposal:
Records are retained and disposed in accordance with GSA policy.
System manager(s) and address:
(1) Primary: Payroll Officer, Controller's Office, National Credit
Union Administration, 1776 G Street, NW, Washington, DC 20456; (2)
Secondary: Office Timekeepers, National Credit Union Administration,
Central Office (1776 G Street, NW, Washington, DC 20456) and Regional
Offices (see Appendix B for Regional Offices' addresses).
Notification procedure:
An individual may inquire as to whether the system contains a record
pertaining to the individual by addressing a request in person or by
mail to the system manager listed above. If there is no record on the
individual, the individual will be so advised.
Record access procedures:
Upon request, the system manager will set forth the procedures for
gaining access to available records.
Contesting record procedures:
Requests to amend or correct a record should be directed to the system
manager listed above.
Record source categories:
Information is primarily obtained from the individual whom the record
concerns, the Office of Personnel Management, and the GSA. Also, time
and attendance information is prepared and submitted by the timekeeper
in a given employee's office.
NCUA-4
System name: Verified Employee Mailing List.
System location:
Office of Information Systems, National Credit Union Administration,
1776 G Street NW, Washington, DC 20456.
Categories of individuals covered by the system:
NCUA employees.
Categories of records in the system:
This system contains the following information for each employee:
Name, address, telephone number, birthdate, ethnic and sex codes, GS
grade, employee type, and employee identification number.
Authority for maintenance of the system:
5 U.S.C. 301; 44 U.S.C. 3301.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(1) Information is used to produce mailing labels and make reporting
to the EEO Director and other NCUA employees with an official need for
a listing of NCUA employees. (2) Also, the information is used to
generate an NCUA telephone directory for distribution to all NCUA
employees. (3) Standard routine uses as set forth in appendix A.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are maintained on computer readable media.
Retrievability:
Records are retrievable by employee name or identification number.
Safeguards:
Accessibility is limited to specific written requests. The file itself
is password protected.
Retention and disposal:
Information is maintained on active, retired, and deceased employees
for an indefinite period of time.
System manager(s) and address:
Personnel Office, National Credit Union Administration, 1776 G Street
NW, Washington, DC 20456.
Notification procedure:
An individual may inquire as to whether the system contains a record
pertaining to the individual by addressing a request in person or by
mail to the system manager listed above. If there is no record on the
individual, the individual will be so advised.
Record access procedures:
Upon request, the system manager will set forth the procedures for
gaining access to available records.
Contesting record procedures:
Requests to amend or correct a record should be directed to the system
manager listed above.
Record source categories:
NCUA Form 1042 is completed for each new employee by personnel staff
or the regional office manager. Form 1051 is completed by same to
report changes.
NCUA-5
System name: Travel Advance and Voucher Information System,
NCUA.
System location:
Controller's Office, National Credit Union Administration, 1776 G
Street NW, Washington, DC 20456.
Categories of individuals covered by the system:
All NCUA employees who have traveled in the course of performing their
duty and who have been reimbursed for the expense of such travel.
Categories of records in the system:
This system contains information from the following forms: Travel
Vouchers (NCUA 1012), Reimnbursement for COS Expenses (NCUA 1302)
Authorization of Moving and Related Travel Expenses for COS (NCUA
11301), Travel Orders (NCUA 1500), Suspension Statements (NCUA 1399),
Application for Advance of Funds (NCUA 1399), and Travel Voucher Cover
Sheet (NCUA 1364).
Authority for maintenance of the system:
5 U.S.C. 5701-5752; Executive Order 11609 (July 22, 1971); Executive
Order 11012 (March 27, 1962); 5 U.S.C. 4101-4118; Federal Travel
Regulations, FPMR 101-7, Chapter 2, Section 6.3.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(1) Records are used to provide documentary support for reimbursements
to employees for on-the-job travel expenses.
(2) Users of the information include first and second line
supervisors, NCUA accounting staff, and budgeting staff.
(3) Standard routine uses as set forth in appendix A.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are stored in paper hard copy form and in an on-line ADP
system.
Retrievability:
Records are retrievable by social security number.
Safeguards:
The paper hard copy records are maintained in secured offices.
The computer disc is located in a secured office and its access is
limited to user employees who know the logical identification access
number.
Retention and disposal:
Records are maintained in the Division of Financial Operations until
the annual GAO audit is completed. After the audit, the paper hard
copy records are stored in a Federal Records Center for a minimum of
three years and the computer disc is purged.
System manager(s) and address:
Director, Accounting Services Division, Controller's Office, National
Credit Union Administration, 1776 G Street NW, Washington, DC 20456.
Notification procedure:
An individual may inquire as to whether the system contains a record
pertaining to the individual by addressing a request in person or by
mail to the system manager listed above. If there is no record on the
individual, the individual will be so advised.
Record access procedures:
Upon request, the system manager will set forth the procedures for
gaining access to available records.
Contesting record procedures:
Requests to amend or correct a record should be directed to the system
manager listed above.
Record source categories:
Records are prepared by the individual whom the record concerns.
NCUA-6
System name: New Examiner Training Files, NCUA.
System location:
(1) Regional Office where new employee is assigned (See appendix B for
Regional Office's locations.)
(2) Office of Examination and Insurance, National Credit Union
Administration, 1776 G Street NW, Washington, DC 20456. At the end of
the training period in the Region, the records are transferred to the
Personnel Office.
Categories of individuals covered by the system:
NCUA examiners, from entry level to one year on staff.
Categories of records in the system:
Biweekly training reports, training progress reports, on-the-job
trainers' evaluations of classroom training, trainees' evaluation of
training program.
Authority for maintenance of the system:
5 U.S.C. 4101-4116.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(1) Information is used to determine the retention or termination of a
new examiner after 23 weeks of on-the-job training. (2) Standard
routine uses as set forth in appendix A.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are stored on paper hard copy.
Retrievability:
Records are retrievable by employee name.
Safeguards:
Records are maintained in metal file cabinets in secured offices of
each Regional Office and in secured offices in the Washington Central
Offices.
Retention and disposal:
Records are purged annually for those employees no longer
participating in the program.
System manager(s) and address:
(1) Files are maintained in NCUA's six Regional Offices (see appendix
B for Regional Office's locations).
(2) Office of Examination and Insurance, National Credit Union
Administration, 1776 G Street NW, Washington, DC 20456. At the end of
the training period in the Region, the records are transferred to the
Personnel Office.
Notification procedure:
An individual may inquire as to whether the system contains a record
pertaining to the individual by addressing a request in person or by
mail to the system manager listed above. If there is no record on the
individual, the individual will be so advised.
Record access procedures:
Upon request, the system manager will set forth the procedures for
gaining access to available records.
Contesting record procedures:
Requests to amend or correct a record should be directed to the system
manager listed above.
Record source categories:
Individual on whom the record is maintained; on-the-job trainers;
supervisors; Office of Personnel Management.
NCUA-7
System name: Region I Employee Development/Correspondence
Records, NCUA.
System location:
Region I Regional Office, National Credit Union Administration, 9
Washington Square, Washington Avenue Extension, Albany, New York
12205.
Categories of individuals covered by the system:
NCUA Region I employees.
Categories of records in the system:
The system contains information on NCUA examiners and professional
staff related to some or all of the following areas: Work performance
appraisals; district management; chartering efforts; reactions from
FCU officials; personal development plans; copies of personnel
records; supply and equipment information; training; work performance;
suggestions; awards; travel vouchers; and data on leave and pay
activities. Also, the system contains information on NCUA clerical
staff related to: Work performance and development activities, which
may include work product samples; memos or notations from professional
staff; personal development plans; evaluations by superiors; copies of
personnel records; and data on pay and leave activity.
Authority for maintenance of the system:
5 U.S.C. 301; 44 U.S.C. 3301.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(1) The information in this system is used for recording time and
attendance, controlling equipment inventories, training staff,
evaluating employee work performance, and conducting general
administrative matters. (2) Standard routine uses as set forth in
appendix A.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are maintained on paper hard copy.
Retrievability:
Records are indexed alphabetically by name.
Safeguards:
Physical security consists of maintaining records in locked metal file
cabinets within secured offices.
Retention and disposal:
Current and relevant information is maintained generally for a period
of at least one to two years. Obsolete material is maintained in the
same file cabinets and is periodically destroyed or returned to the
originator.
System manager(s) and address:
Administrative Officer, Region I Regional Office, National Credit
Union Administration, 9 Washington Square, Washington Avenue
Extension, Albany, New York 12205.
Notification procedure:
An individual may inquire as to whether the system contains a record
pertaining to the individual by addressing a request in person or by
mail to the Regional Director where the system is located. If there is
no record on the individual, the individual will be so advised.
Record access procedures:
Upon request, the Regional Director will set forth the procedures for
gaining access to available records.
Contesting record procedures:
Requests to amend or correct a record should be directed to the
Regional Director.
Record source categories:
Sources may include the individual whom the record concerns,
supervisors of the individual, fellow employees, credit union
officials, administrative officer or office assistant, and other
persons whom the individual may encounter in the course of work
performance. For payroll- and personnel-related information, the
sources may include the General Service Administration and Office of
Personnel Management.
NCUA-8
System name: Region II Employee Development/Correspondence
Records, NCUA.
System location:
Region II Regional Office, National Credit Union Administration,
Eighth Floor, 1776 G Street NW, Washington, DC 20006.
Categories of individuals covered by the system:
NCUA Region II employees.
Categories of records in the system:
The system contains information on NCUA examiners and professional
staff related to some or all of the following areas: Work performance
appraisals; district management; chartering efforts; reactions from
FCU officials; personal development plans; copies of personnel
records; supply and equipment information; training; work performance;
suggestions; training awards; travel vouchers; and data on leave and
pay activities. Also, the system contains information on NCUA clerical
staff related to: Work performance and development activities, which
may include work product samples; memos or notations from professional
staff; personal development plans; evaluations by superiors; copies of
personnel records; and data on pay and leave activity.
Authority for maintenance of the system:
5 U.S.C. 301; 44 U.S.C. 3301.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(1) The information in this system is used for recording time and
attendance, controlling equipment inventories, training staff,
evaluating employee work performance, and conducting general
administrative matters.
(2) Standard routine uses as set forth in appendix A.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are indexed alphabetically by name.
Safeguards:
Physical security consists of maintaining records in locked metal file
cabinets within secured offices.
Retention and disposal:
Current and relevant information is maintained generally for a period
of one to two years. Obsolete material is maintained in the same file
cabinets and is periodically destroyed or returned to the originator.
System manager(s) and address:
Director, Division of Administration, Region II Regional Office,
National Credit Union Administration, Suite 800, 1700 G Street NW,
Washington, DC 20006.
Notification procedure:
An individual may inquire as to whether the system contains a record
pertaining to the individual by addressing a request in person or by
mail to the Regional Director where the system is located. If there is
no record on the individual, the individual will be so advised.
Record access procedures:
Upon request, the Regional Director will set forth the procedures for
gaining access to available records.
Contesting record procedures:
Requests to amend or correct a record should be directed to the
Regional Director.
Record source categories:
Sources may include the individual whom the record concerns,
supervisors of the individual, fellow employees, credit union
officials, and other persons whom the individual encounters in the
course of work performance. For payroll- and personnel-related
information, the sources may include the General Services
Administration and the Office of Personnel Management.
NCUA-9
System name: Region III Employee Development/Correspondence
Records, NCUA.
System location:
Region III Regional Office, National Credit Union Administration, 7000
Central Parkway, Suite 1600, Atlanta, GA 30328.
Categories of individuals covered by the system:
NCUA Region III employees.
Categories of records in the system:
The system contains information on NCUA examiners and professional
staff related to some or all of the following areas: Work performance
appraisals; district management; chartering efforts; reactions from
FCU officials; personal development plans; copies of personnel
records; supply and equipment information; training; work performance;
suggestions; awards; travel vouchers; and data on leave and pay
activities. Also, the system contains information on NCUA clerical
staff related to: Work performance and development activities, which
may include work product samples; memos or notations from professional
staff; personal development plans; evaluations by superiors; copies of
personnel records; and data on pay and leave activity.
Authority for maintenance of the system:
5 U.S.C. 301; 44 U.S.C. 3301.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(1) The information in this system is used for recording time and
attendance, controlling equipment inventories, training staff,
evaluating employee work performance, and conducting general
administrative matters.
(2) Standard routine uses as set forth in appendix A.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are maintained on paper hard copy.
Retrievability:
Records are indexed alphabetically by name.
Safeguards:
Physical security consists of maintaining records in locked metal file
cabinets within secured offices.
Retention and disposal:
Current and relevant information generally for a period of one to two
years. Obsolete material is maintained in the same file cabinets and
is periodically destroyed or returned to the originator.
System manager(s) and address:
Administrative Officer, Region III Regional Office, National Credit
Union Administration, 7000 Central Parkway, Suite 1600, Atlanta, GA
30328.
Notification procedure:
An individual may inquire as to whether the system contains a record
pertaining to the individual by addressing a request in person or by
mail to the Regional Director where the system is located. If there is
no record on the individual, the individual will be so advised.
Record access procedures:
Upon request, the Regional Director will set forth the procedures for
gaining access to available records.
Contesting record procedures:
Requests to amend or correct a record should be directed to the
Regional Director.
Record source categories:
Sources may include the individual whom the record concerns,
supervisors of the individual, fellow employees, credit union
officials, and other persons whom the individual encounters in the
course of work performance. For payroll- and personnel-related
information, the sources may include the General Service
Administration and the Office of Personnel Management.
NCUA-10
System name: Region IV Employee Development/Correspondence
Records, NCUA.
System location:
Region IV Regional Office, National Credit Union Administration, 300
Park Boulevard, Itasca, IL 60143.
Categories of individuals covered by the system:
NCUA Region IV employees.
Categories of records in the system:
The system contains information on NCUA examiners and professional
staff related to some or all of the following areas: Work performance
appraisals; district management: Chartering efforts; reactions from
FCU officials; personal development plans; copies of personnel
records; supply and equipment information; training; work performance;
suggestions; awards; travel vouchers; and data on leave and pay
activities. Also, the system contains information on NCUA clerical
staff related to: Work performance and development activities, which
may include work product samples; memos or notations from professional
staff; personal development plans; evaluations by superiors; copies of
personnel records; and data on pay and leave activity.
Authority for maintenance of the system:
5 U.S.C. 301: 44 U.S.C. 3301.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(1) The information in this system is used for recording time and
attendance, controlling equipment inventories, training staff,
evaluating employee work performance, and conducting general
administrative matters.
(2) Standard routine uses as set forth in appendix A.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are maintained on paper hard copy.
Retrievability:
Records are indexed alphabetically by names, NCUA employee numbers,
and NCUA property inventory (decal) numbers.
Safeguards:
Physical security consists of maintaining records in metal file
cabinets within secured offices.
Retention and disposal:
Current and relevant information is maintained generally for a period
of one to two years. Obsolete material is maintained in the same file
cabinets and periodically destroyed or returned to the originator.
System manager(s) and address:
Director of Administration, Region IV Regional Office, National Credit
Union Administration, 300 Park Boulevard, Itasca, IL 60143.
Notification procedure:
An individual may inquire as to whether the system contains a record
pertaining to the individual by addressing a request in person or by
mail to the Regional Director where the system is located. If there is
no record on the individual, the individual will be so advised.
Record access procedures:
Upon request, the Regional Director will set forth the procedures for
gaining access to available records.
Contesting record procedures:
Records to amend or correct a record should be directed to the
Regional Director.
Record source categories:
Source may include the individual whom the record concerns,
supervisors of the individual, fellow employees, credit union
officials, and other persons whom the individual encounters in the
course of work performance. For payroll- and personnel-related
information, the sources may include the General Services
Administration and the Office of Personnel Management.
NCUA-11
System name: Region V Employee Development/Correspondence
Records, NCUA.
System location:
(1) Region V Regional Office, National Credit Union Administration,
4807 Spicewood Springs Road, Building 5, Austin, Texas 78759.
(2) Region V, Austin Suboffice, 320 6th Street, Room 202, Sioux City,
Iowa 51101
(3) Development files on the examiners are maintained by the
Supervisory Examiners in their home offices, not in the Regional
Office.
Categories of individuals covered by the system:
NCUA Region V employees.
Categories of records in the system:
The system contains information on NCUA examiners and professional
staff related to some or all of the following areas: Work performance
appraisals; district management; chartering efforts; reactions from
FCU officials; personal development plans; copies of personnel
records; supply and equipment information; training; work performance;
suggestions; awards; travel vouchers; and data on leave and pay
activities. Also, the system contains information on NCUA clerical
staff related to: Work performance and development activities, which
may include work product samples; memos or notations from professional
staff; personal development plans; evaluations by superiors; copies of
personnel records; and data on pay and leave activity.
Authority for maintenance of the system:
5 U.S.C. 301: 44 U.S.C. 3301.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(1) The information in this system is used for recording time and
attendance, controlling equipment inventories, training staff,
evaluating employee work performance, and conducting general
administrative matters.
(2) Standard routine uses as set forth in appendix A.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are maintained on paper hard copy.
Retrievability:
Records are indexed alphabetically by name.
Safeguards:
Physical security consists of maintaining records in metal file
cabinets within secured offices. Cabinets may be locked depending on
the nature of the information which they contain.
Retention and disposal:
Current and relevant information is maintained generally for a period
of one to two years. Obsolete material is maintained in the same file
cabinets and is periodically destroyed or returned to the originator.
System manager(s) and address:
Regional Director, Region V Regional Office, National Credit Union
Administration, 4807 Spicewood Springs Road, Building 5, Austin, TX
78759.
Notification procedure:
Examiners may inquire as to whether the system contains a development
record pertaining to the individual by addressing a request in person
or by mail to the examiner's supervisory examiner at the supervisory
examiner's home office. All other individuals may inquire as to
whether the system contains a record pertaining to the individual by
addressing a request in person or by mail to the Regional Director
where the system is located. If there is no record on the individual,
the individual will be so advised.
Record access procedures:
Upon request, the Regional Director or the appropriate supervisory
examiner will set forth the procedures for gaining access to available
records.
Contesting record procedures:
Requests to amend or correct a record should be directed to the
Regional Director.
Record source categories:
Sources may include the individual whom the record concerns
supervisors of the individual, fellow employees, credit union
officials, and other persons whom the individual encounters in the
course of work performance. For payroll- and personnel-related
information, the sources may include the General Services
Administration and the Office of Personnel Management.
NCUA-12
System name: Region VI Employee Development/Correspondence
Records, NCUA.
System location:
(1) Region VI Regional Office, National Credit Union Administration,
2890 N. Main Street, Suite 101, Walnut Creek, CA 94596.
(2) Development files on the examiners are maintained by the
supervisory examiners in their home offices, not in the Regional
Office.
Categories of individuals covered by the system:
NCUA Region VI employees.
Categories of records in the system:
The system contains information of NCUA examiners and professional
staff related to some or all of the following areas: Work performance
appraisals; district management; chartering efforts; reactions from
FCU officials; personnel records; supply and equipment information;
training; work performance; suggestions; awards; travel vouchers; and
data on leave and pay activities. Also, the system contains
information on NCUA clerical staff related to: Work performance and
development activities, which may include work product samples; memos
or notations from professional staff; personal development plans;
evaluations by superiors; copies of personnel records; and data on pay
and leave activity.
Authority for maintenance of the system:
5 U.S.C. 301; 44 U.S.C. 3301
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(1) The information in this system is used for recording time and
attendance, controlling equipment inventories, training staff, and
conducting general administrative matters.
(2) Standard routine uses as set forth in appendix A.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are maintained on paper hard copy.
Retrievability:
Records are indexed alphabetically by name.
Safeguards:
Physical security consists of maintaining records in metal file
cabinets within secured offices. Cabinets may be locked depending on
the nature of the information which they contain.
Retention and disposal:
Current and relevant information is maintained generally for a period
of one to two years. Obsolete materials are maintained in the same
file cabinets and are periodically destroyed or returned to the
originator.
System manager(s) and address:
Administrative Officer, Region VI Regional Office, National Credit
Union Administration, 2890 N. Main Street, Suite 101, Walnut Creek, CA
94596.
Notification procedure:
Examiners may inquire as to whether the system contains a development
record pertaining to the individual by addressing a request in person
or by mail to the examiner's supervisory examiner at the supervisory
examiner's home office. All other individuals may inquire as to
whether the system contains a record pertaining to the individual by
addressing a request in person or by mail to the Regional Director
where the system is located. If there is no record on the individual,
the individual will be so advised.
Record access procedures:
Upon request, the Regional Director or the appropriate supervisory
examiner will set forth the procedures for gaining access to available
records.
Record source categories:
Sources may include the individual whom the record concerns,
supervisors of the individual, fellow employees, credit union
officials, and other persons whom the individual encounters in the
course of work performance. For payroll- and personnel-related
information, the sources may include the General Services
Administration and the Office of Personnel Management.
NCUA-13
System name: Emergency Information (Employee) File, NCUA.
System location:
Personnel Office, National Credit Union Administration, 1776 G Street,
NW, Washington, DC 20456.
Categories of individuals covered by the system:
This system contains personal information on an employee, i.e.,
height, weight, hair color, eye color, current address, and telephone
number. Also, this system identifies the individual to contact in case
of an emergency involving the employee.
Authority for maintenance of the system:
5 U.S.C. 301.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(1) The Personnel Office uses certain personal information for
preparing the employee ID cards. (2) The information on the individual
to contact in cases of emergency is used by Personnel and others on a
need-to-know basis. (3) The Security Officer maintains a list of all
employees, with their addresses and telephone numbers. This list is
updated monthly. The listed information is used when there is a
national emergency. (4) Standard routine uses as set forth in appendix
A.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are stored on paper hard copy.
Retrievability:
Records are indexed alphabetically by name.
Safeguards:
Records are maintained in locked file drawer.
Retention and disposal:
Records are disposed of after an employee is separated from the
agency.
System manager(s) and address:
(1) Director, Personnel Office, National Credit Union Administration,
1776 G Street, NW, Washington, DC 20456. (2) Security Officer,
Administrative Office, at the same address above.
Notification procedure:
An individual may inquire as to whether the system contains a record
pertaining to the individual by addressing a request in person or by
mail to the appropriate system manager listed above. If there is no
record on the individual, the individual will be so advised.
Record access procedures:
Upon request, the system manager will set forth the procedures for
gaining access to available records.
Contesting record procedures:
Requests to amend or correct a record should be directed to the
appropriate system manager listed above.
Record source categories:
Individual on whom the record is maintained.
NCUA-14
System name: Employee Injury File, NCUA.
System location:
Personnel Office, National Credit Union Administration, 1776 G Street,
NW, Washington, DC 20456.
Categories of individuals covered by the system:
Any employee who has sustained a job-related injury or disease.
Categories of records in the system:
Copies of reports submitted by individual who has sustained a job-
related injury or disease. Copies of any further claims made regarding
the same injury or disease or any other material required for
documenting and adjudicating the claim.
Authority for maintenance of the system:
Occupational Safety and Health Act of 1970, 29 CFR part 1960.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(1) Information is maintained to provide appropriate data to the
Department of Labor, when needed, for adjudication of a claim, (2)
Further, information is used for reporting purposes as required by the
Department of Labor on a recurring basis. (3) Use of information is
limited to the Personnel Office. (4) Standard routine use as set forth
in appendix A.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are stored on paper.
Retrievability:
Records are indexed by NCUA Region, and date of injury.
Safeguards:
Records are maintained in locked file drawer.
Retention and disposal:
Records are disposed of five years after the year to which they
relate.
System manager(s) and address:
Director, Personnel Office, National Credit Union Administration, 1776
G Street, NW, Washington, DC 20456.
Notification procedure:
An individual may inquire as to whether the system contains a record
pertaining to the individual by addressing a request in person or by
mail to the system manager listed above. If there is no record on the
individual, then individual will be so advised.
Record access procedures:
Upon request, the system manager will set forth the procedures for
gaining access to available records.
Contesting record procedures:
Requests to amend or correct a record should be directed to the system
manager listed above.
Record source categories:
Individual on whom the record is maintained; superiors of individual;
individual's physician; hospital attending individual; Department of
Labor.
NCUA-15
System name: Investigative Reports Involving Any Crime or
Suspected Crime Against a Credit Union, NCUA.
System location:
Office of Examination and Insurance, National Credit Union
Administration, 1776 G Street, NW, Washington, DC 20456.
Categories of individuals covered by the system:
This system covers credit union members, credit union employees, or
other individuals involved or suspected of involvement in criminal
activities against a federally-insured credit union.
Categories of records in the system:
Investigative reports relating to possible felonies.
Authority for maintenance of the system:
12 U.S.C. 1789.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(1) Information is used to determine if any further agency action
should be taken. (2) Standard routine uses as set forth in appendix A.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are maintained on paper hard copy and computer readable
magnetic media.
Retrievability:
System is indexed by credit union name and suspect name.
Safeguards:
Records are maintained in a separate locked cabinet accessible only to
the Director, Office of Examination and Insurance, and designated
assistants. The records are further secured by computer passwords
accessible only by designated assistants.
Retention and disposal:
Records are stored indefinitely on computer media. Paper copies are
held on site, then transferred to long-term storage.
System manager(s) and address:
Director, Office of Examination and Insurance, National Credit Union
Administration, 1776 G Street, NW, Washington, DC 20456.
Notification procedure:
An individual may inquire as to whether the system contains a record
pertaining to the individual by addressing a request in person or by
mail to the system manager listed above. If there is no record on the
individual, the individual will be so advised.
Record access procedures:
Upon request, the system manager will set forth the procedures for
gaining access to available records.
Contesting record procedures:
Requests to amend or correct a record should be directed to the system
manager listed above.
Record source categories:
Credit union officials, NCUA examiners, and other Federal agencies.
Systems exempted from certain provisions of the act:
This system is subject to a specific exemption pursuant to 5 U.S.C.
552a(k)(2), as the system of records is investigatory material
compiled for law enforcement purposes.
NCUA-16
System name: Freedom of Information Act Bills Delinquent 30-
Days or More, NCUA.
System location:
Administrative Office, National Credit Union Administration, 1776 G
Street, NW, Washington, DC 20456.
Categories of individuals covered by the system:
This system of records includes information pertaining to any Freedom
of Information Act (FOIA) requestor who has an outstanding payment of
at least 30 days due NCUA as a result of processing their FOIA
request.
Categories of records in the system:
The system contains the following information for any person or
organization having an outstanding bill of 30 days or more for FOIA
services: Requestor's name, company name or organization, address,
date of invoice, invoice number, amount due, phone number.
Authority for maintenance of the system:
12 U.S.C. 1789.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records in this system are used to identify requestors who are at
least 30 days delinquent in their payments. These records will be used
by the NCUA for collection of the amount due, as well as to identify
subsequent requests made by the same individuals. The information may
also be disclosed to a consumer reporting agency. The information
disclosed to a consumer reporting agency is limited to: (1)
Information necessary to establish the identity of the individual,
including name, address, and taxpayer identification number; (2) the
amount, status, and history of the claim; and (3) the agency or
program under which the claim arose.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are maintained on paper hard copy and computer disk.
Retrievability:
Records in this system are retrievable by requestor's name, company
name or organization, date of invoice, and invoice number.
Safeguards:
Physical security consists of storing records on a password protected
floppy diskette and a hard copy secured in a metal file cabinet which
is accessible only to those individuals responsible for collecting
outstanding payments.
Retention and disposal:
Records are retained until payment is received. Once payment is
received, all information is deleted from the system.
System manager(s) and address:
Freedom of Information Officer, Administrative Office, National Credit
Union Administration, 1776 G Street, NW, Washington, DC 20456.
Notification procedure:
An individual may inquire as to whether the system contains a record
pertaining to the individual by addressing a request in person or by
mail to the system manager listed above. If there is no record on the
individual, the individual will be so advised.
Record access procedures:
Upon request, the system manager will set forth the procedures for
gaining access to available records.
Contesting record procedures:
Requests to amend or correct a record should be directed to the system
manager listed above.
Record source categories:
The source of records for this system of records is the FOIA request
files.
NCUA-17
System name: Acquired Assets and Share Payout Records System,
NCUA.
System location:
Records within this system of records are located at one of two NCUA
Liquidation Centers: Region II (Capital) and Region V (Austin) for a
period of time necessary to answer inquiries of credit union members
and to transfer share and loan record information to the Director,
Department of Insurance, National Credit Union Administration, 1776 G
Street, NW, Washington, DC 20456 or an outside purchaser or a loan
collection servicer. After such time, the remaining records are
transferred for storage to one of twelve General Services
Administration record storage centers. For liquidations occurring in
Regions I, II or III records are located in Region II. For
liquidations occurring in Regions IV, V or VI, records are located in
Region V, (see appendix B for states covered by each Regional Office).
Categories of individuals covered by the system:
Members of liquidating federally-insured credit unions.
Categories of records in the system:
Share and account balances; personal data regarding income and debts;
payment history.
Authority for maintenance of the system:
12 U.S.C. 1787.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(1) Data used for payment of insurance claims to shareholders in
liquidating federally-insured credit unions. (2) Also, data is used in
the collection of outstanding loans, which may include referral of
information to the General Accounting Office or the Department of
Justice. (3) Generally, information is used for all purposes necessary
to close out the affairs of the liquidated credit union and carry out
all appropriate liquidations-related functions of NCUA, including
referral of necessary information to facilitate a purchase of the
credit union's assets by NCUA or sale to a third party (before or
after such purchase), referral of noncredit information address
locators, or referral of information to a surety company in pursuit of
a fidelity bond claim. (4) Standard routine uses as set forth in
appendix A.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information is initially compiled on data conversion sheets prepared
by NCUA examiners acting as on-site liquidators. This data is stored
on computer disks, from which loan registers may be prepared and
furnished to NCUA Regional Offices or prospective purchasers of the
assets of closed credit unions. In addition to data stored on computer
disks, the following records are maintained on paper hard copy; data
conversion sheets, loan registers, essential share and loan documents,
and members' filed claim forms. Copies of share and loan documents,
incoming payments, and loan portfolios may also be maintained on
microfilm copy.
Retrievability:
Records are indexed by name of member and by name of closed insured
credit union.
Safeguards:
Records are maintained in secured offices.
Retention and disposal:
Information is disposed of five years after date of charter
cancellation.
System manager(s) and address:
(1) NCUA Region II Regional Office, Eighth Floor, 1776 G Street, NW,
Washington, DC 20006. (2) NCUA Region V Regional Office, Spicewood
Springs Road, Building 5, Austin, TX 78759.
Notification procedure:
An individual may inquire as to whether the system contains a record
pertaining to the individual by addressing a request in person or by
mail to the system manager listed above. If there is no record on the
individual, the individual will be so advised. Written inquiries
should include name of inquirer, name of closed insured credit union
of which inquirer was a member, and share and loan account numbers, if
known, in addition to any requirements of part 790 of NCUA rules and
regulations (12 CFR part 790).
Record access procedures:
Upon request, the system manager will set forth the procedures for
gaining access to available records.
Contesting record procedures:
Requests to amend or correct a record should be directed to the system
manager listed above.
Record source categories:
Individual on whom the record is maintained; outside address locators;
and share and loan account files of the liquidating credit union of
which the individual was a member.
NCUA-18
System name: Member Accounts; Credit Unions Closed for
Involuntary Liquidations, NCUA.
System location:
Records within this system of records are located at one of two NCUA
Liquidation Centers: Region II (Capital) and Region V (Austin) for a
period of time necessary to answer inquiries of credit union members
and to transfer share and loan record information to the Director,
Examination and Insurance, National Credit Union Administration, 1776
G Street, NW, Washington, DC 20456 or an outside purchaser or a loan
collection services. After such time, the remaining records are
transferred for storage to one of twelve General Services
Administration record storage centers.
Categories of individuals covered by the system:
Information is maintained on those individuals who were members or
employees of a federally-insured credit union closed for liquidation
and for which the Board served as liquidating agent pursuant to 12
U.S.C. 1787. Records in this system are subject to the provisions of
the Privacy Act only upon completion of the liquidation of a closed
federally-insured credit union and three years after the cancellation
of the credit union charter. Prior to such time, records of a closed
insured credit union which are held by the Board, only in its capacity
as liquidating agent for the closed credit union, are not ``agency
records'' within the meaning of the Privacy Act, and thus the
provisions of the Act have no applicability.
Categories of records in the system:
This system contains information concerning an individual's membership
in and share and loan transactions with the credit union which has
been closed for liquidation; membership card; individual share and
loan ledgers; notes; security documents; promissory notes and
extension agreements, if any. Also included are employee payroll
records and data. As further explained above, in the ``Categories of
Individuals * * *'' portion of this descriptive system notice, records
of a closed insured credit union are generally subject to the
provisions of the Privacy Act after completion of the liquidation of
the credit union and three years after the cancellation of the credit
union charter.
Authority for maintenance of the system:
12 U.S.C. 1766(c) and 1787.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(1) Actions necessary to close out the affairs of liquidating
federally-insured credit union, including: (a) Referral of information
to affected credit union members, the NCUA Loan Management System, and
any purchasers of the closed credit union's assets; (b) referral of
information to the credit union's surety in pursuit of fidelity
information to any appropriate agency or official in the course of
collecting a claim of the United States. (2) Standard routine uses as
set forth in appendix A. (While it is the full intent to comply with
the spirit of the Privacy Act with regard to records maintained within
this described system, it should again be noted that the provisions of
the Privacy Act of 1974, including a limitation of routine uses to
those described herein, do not technically apply to the records until
they become ``agency'' records, i.e., until such time as they revert
to NCUA three years after the cancellation of the charter of a closed
credit union.)
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records on individual credit union members or employees in this system
of records are maintained on member account documents as compiled by
individual credit unions prior to entering liquidation.
Retrievability:
Member and employee records are generally ordered or indexed by
account number.
Safeguards:
Records within this system are maintained under the control of a
designated agent for the liquidating agent who makes only such
disclosures from the records as are necessary or part of
responsibilities under the Federal Credit Union Act (12 U.S.C. 1751-
1795).
Retention and disposal:
The records are maintained in one of the two liquidation centers
indicated under the location section of this notice, for a period
necessary to answer inquiries of credit union members and transfer
appropriate share and loan information. The records are disposed of
five years after charter cancellation.
System manager(s) and address:
The system managers for this system of records are the two Regional
Directors located at the Regional Offices at which the liquidation
centers are located.
Notification procedure:
If an individual wants to find out whether the records of a closed
credit union within this system inlude records pertaining to that
individual, the individual should contact by mail or in person, the
Regional Director for Region II if the closed credit union was located
in Region I, II or III, or the Regional Director of Region V if the
closed credit union was located in Regions IV, V or VI, (see address
in appendix B). The inquiry should contain the name of the closed
credit union, the inquirer's credit union account number (if known), a
description of the records sought, the approximate dates covered by
the record, and the name of the system of records. If there is no
record on the individual, the individual will be so advised.
Record access procedures:
Upon request, the Regional Director will set forth the procedures for
gaining access to available records.
Contesting record procedures:
Requests to amend or correct a record should be directed to the
Regional Director for Region II if the closed credit union was located
in Regions I, II or III, or the Regional Director for Region V if the
closed credit union was located in Region IV, V or VI.
Record source categories:
The sole source of information for this system or records is the
member-related files and accounting records of federally-insured
credit unions which have been closed for liquidation and for which the
Board, or its designee, serves as liquidating agent.
NCUA-19
System name: Trusteed Account Records System, NCUA.
System location:
Records within this system of records are located at one of two NCUA
Liquidation Centers: Region II (Capital) and Region V (Austin) for a
period of time necessary to answer inquiries of credit union members
and to transfer share and loan record information to the Director,
Office of Examination and Insurance, National Credit Union
Administration, 1776 G Street, NW, Washington, DC 20456 or an outside
purchaser or a loan collection services. After such time, the
remaining records are transferred for storage to one of twelve General
Services Administration record storage centers.
Categories of individuals covered by the system:
Share balance and last known addresses of individuals by whom or on
whose behalf insured share account payout claims have been filed.
Authority for maintenance of the system:
12 U.S.C. 1787.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(1) Information is used to ensure proper payment of all trusteed
account funds. (2) Standard routine uses as set forth in appendix A.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are maintained on computer printout forms or accounting work
papers and members account statements.
Retrievability:
Records are retrievable by individual name, credit union name, or a
combination thereof.
Safeguards:
Records are stored in secured offices.
Retention and disposal:
Records are maintained until processing of claims is completed and,
thereafter, are escheated to the appropriate state agency.
System manager(s) and address:
The system managers for this system of records are the two regional
Directors located at the liquidation centers listed in ``SYSTEM
LOCATION'' above.
Notification procedure:
An individual may inquire as to whether the system contains a record
pertaining to the individual by addressing a request in person or by
mail to the system manager listed above. If there is no record on the
individual, the individual will be so advised.
Record access procedures:
Upon request, the system manager will set forth the procedures for
gaining access to available records.
Contesting record procedures:
Requests to amend or correct a record should be directed to the system
manager listed above.
Record source categories:
Files of federally-insured credit unions which are closed for
liquidation.
NCUA-20
System name:
Office of Inspector General (OIG) Investigative Records, NCUA.
System location:
Office of Inspector General, NCUA, 1775 Duke Street, Alexandria, VA
22314-3428.
Categories of individuals covered by the system:
Subjects of investigation, complainants, and witnesses referred to in
complaints or actual investigative cases, reports, accompanying
documents, and correspondence prepared by, compiled by, or referred to
the OIG.
Categories of records in the system:
The system is comprised of paper files of all OIG and some predecessor
Office of Internal Auditor reports, correspondence, cases, matters,
cross-indices, memorandums, materials, legal papers, evidence,
exhibits, data, and workpapers pertaining to all closed and pending
investigations and inspections.
Authority for maintenance of the system:
The Inspector General Act of 1978, as amended, 5 USC App.3; 12 USC
1766.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
The National Credit Union Administration Office of Inspector General
(NCUA/OIG) may disclose information contained in a record in this
system of records without the consent of the individual if the
disclosure is compatible with the purpose for which the record was
collected, under the following routine uses:
1. NCUA/OIG may disclose information from this system of records as a
routine use to any public or private source, including a federal,
state, or local agency maintaining civil, criminal, or other relevant
enforcement information or other pertinent information, but only to
the extent necessary for the OIG to obtain information from those
sources relevant to an OIG investigation, audit, inspection, or other
inquiry.
2. NCUA/OIG may disclose information from this system of records as a
routine use to the Department of Justice to the extent necessary to
obtain its legal advice on any matter relevant to an OIG
investigation, audit, inspection, or other inquiry related to the
responsibilities of the OIG.
3. NCUA/OIG may disclose information from this system of records for
the purposes set forth in Appendix A of the agency's system of records
notice, published at 53 FR No.186, page 37373 (September 26, 1988.)
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information contained in this system is stored manually in files.
Retrievability:
Information is retrieved in files by case number, general subject
matter, or name of the subject of investigation.
Safeguards:
Case reports and workpapers are maintained in approved security
containers and locked filing cabinets in a locked room. Associated
paper records are stored in locked metal filing cabinets, safes, or
similar secure facilities.
Retention and disposal:
Investigative Case Files
1. Case files are normally destroyed when they are 5 years old.
2. Significant cases (those that result in national media attention,
congressional investigation, or substantive changes in agency policy
or procedures)--To be determined by the National Archives and Records
Administration on a case-by-case basis.
System manager(s) and address:
Inspector General, National Credit Union Administration, 1775 Duke
Street, Alexandria, VA 22314.
Notification procedure:
This System of Records is generally exempt from the notice, access,
and amendment requirements of the Privacy Act. However, the NCUA will
entertain written requests to the systems manager on a case by case
basis for notification regarding whether this system of records
contains information about an individual. Requests should be marked
``Privacy Act request,'' state the name and address of the requester,
and provide a notarized statement, or other documentation, e.g., copy
of a driver's license, attesting to the individual's identity.
Requests submitted on behalf of other persons must include their
written, notarized authorizations. Such requests in the form
prescribed may also be presented in person at the Office of Inspector
General, Room 5041, National Credit Union Administration, 1775 Duke
Street, Alexandria, VA 22314. Simultaneously with requesting
notification of inclusion in this system of records, the individual
may request record access as described in the following section on
``Record Access Procedures.''
Record access procedures:
Same as ``Notification procedure.''
Contesting record procedures:
Same as ``Notification procedure.''
Record source categories:
The OIG collects information from many sources, including the subject
individuals, employees of the NCUA, other government employees, and
witnesses and informants, and non-governmental sources.
Systems exempted from certain provisions of the act:
Pursuant to 5 USC 552a(j)(2), this system of records is exempt from
subsections (c)(3) and (4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G),
(e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (f) and (g) of the Act. This
exemption applies to information in the system that relates to
criminal law enforcement and meets the criteria of the (j)(2)
exemption. Pursuant to 5 USC 552(k)(2), to the extent that the system
contains investigative material compiled for law enforcement purposes,
other than material within the scope of subsection (j)(2), this system
of records is exempt from 5 USC 552a(c)(3), (d), (e)(1), (e)(4)(G),
(H), and (I), and (f). The exemption rule is contained in 12 CFR
792.34 of the NCUA regulations.
NCUA-21
System name: Consumer Complaints Against Federal Credit Unions,
NCUA.
System location:
Information is maintained in NCUA's six Regional Offices (see appendix
B for Regional Offices' locations).
Categories of individuals covered by the system:
Persons who submit complaints concerning operating Federal credit
unions.
Categories of records in the system:
Complaint letters, investigation reports, and related correspondence
concerning the complainants and the involved Federal credit union.
Authority for maintenance of the system:
12 U.S.C. 1766(i)(1) and 1789(a)(7); 5 U.S.C. 301; 15 U.S.C. 1601-
1693.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(1) Information may be disclosed to officials of Federal credit unions
and other persons mentioned in a complaint or identified during an
investigation. (2) Disclosures may be made to the Federal Reserve
Board, other Federal financial regulatory agencies, the Federal
Financial Institutions Examination Council, the White House Office of
Consumer Affairs, and the Congress or any of its authorized committees
in fulfilling reporting requirements or assessing implementation of
applicable laws and regulations. (Such disclosures will be made in a
nonidentifiable manner when feasible and appropriate.) (3) Referrals
may also be made to other Federal and nonfederal supervisory or
regulatory authorities when the subject matter is a complaint or
inquiry which is more properly within such agency's jurisdiction. (4)
Standard routine uses as set forth in appendix A.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are stored on paper or computer media.
Retrievability:
Records are retrievable from files by Federal credit union name, by
complainant name, or assigned control number.
Safeguards:
Records are maintained in secured offices in either a file cabinet or
on computer media.
Retention and disposal:
Records are retained for three years, then destroyed. Consumer's name,
Federal credit union's name, subject of complaint, date received, and
date resolved are kept indefinitely.
System manager(s) and address:
The information is maintained in NCUA's six Regional Offices (see
appendix B for Regional Offices' location).
Notification procedure:
An individual may inquire as to whether the system contains a record
pertaining to the individual by addressing a request in person or by
mail to the system manager listed above. If there is no record on the
individual, the individual will be so advised.
Record access procedures:
Upon request, the system manager will set forth the procedures for
gaining access to available records.
Contesting record procedures:
Request to amend or correct a record should be directed to the system
manager listed above.
Record source categories:
Complainant (and his or her representative, which may include, e.g., a
member of Congress or an attorney); Federal credit union officials;
employees and members of the credit union involved; and NCUA examiners
and central files on Federal credit unions.
NCUA-22
System name: Litigation Case Files, NCUA.
System location:
Office of General Counsel, National Credit Union Administration, 1776
G Street, NW, Washington, DC 20456.
Categories of individuals covered by the system:
Records are maintained in files by the case name of individuals who
are: The subject of NCUA investigations made in contemplation of legal
action; involved in civil litigation with NCUA; involved in
administrative proceedings; involved in litigation of interest to
NCUA; or pursuing tort claims.
Categories of records in the system:
Records in case files include: Investigative reports relating to
possible felonies or violations of the Federal Credit Union Act;
transcripts of testimony or affidavits; documents and other
evidentiary matter, pleadings and other documents filed in court;
orders filed or issued in civil, administrative or criminal
proceedings; correspondence relating to investigatory or litigation
matters; information provided by the individual under investigation or
from a Federal credit union; and other memoranda gathered and prepared
by staff in performance of their duties.
Authority for maintenance of the system:
12 U.S.C. 1766, 1786, 1787, and 1789; 28 U.S.C. 2671-2680.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(1) The staff of the Office of General Counsel may use such records to
render legal advice concerning investigations or courses of legal
action; to represent NCUA in all judicial and administrative
proceedings in which NCUA or any of its employees who, within the
scope of employment and in an official capacity, is a party; or to
intervene as an amicus curiae. (2) Standard routine uses set forth in
appendix A.
System manager(s) and address:
General Counsel, National Credit Union Administration, 1776 G Street,
NW, Washington, DC 20456.
Notification procedure:
An individual may inquire as to whether the system contains a record
pertaining to the individual by addressing a request in person or by
mail to the system manager listed above. If there is no record on the
individual, the individual will be so advised.
Record access procedures:
Requests to amend or correct a record should be directed to the system
manager listed above.
Contesting record procedures:
Requests to amend or correct a record should be directed to the system
manager listed above.
Record source categories:
Record source categories vary depending upon the legal issue but
generally are obtained from the following: NCUA staff and internal
agency memoranda; Federal employees and private parties involved in
torts; contracts; Federal credit union files or officials; general law
texts and sources; law enforcement officers; witnesses and others;
administrative and court pleadings, transcripts or judicial orders/
decisions; evidence gathered in connection with the matter involved;
and from individuals to whom the records relate.
Systems exempted from certain provisions of the act:
This system is subject to the specific exemption provided by 5 U.S.C.
552a(k)(2), as the system of records is investigatory material
compiled for law enforcement purposes.
Appendix A--Standard Routine Uses Applicable to NCUA Systems of
Records
1. In the event that a system of records maintained by this Agency to
carry out its functions indicates a violation or potential violation
of law, whether civil, criminal, or regulatory in nature, and whether
arising by general statute or particular program statute, or by
regulation, rule, or order issued pursuant thereto, the relevant
records in the system or records may be referred, as a ``routine
use,'' to the appropriate agency, whether Federal, State, local, or
foreign, charged with the responsibility of investigating or
prosecuting such violation or charged with enforcing or implementing
the statute, rule, regulation, or order issued pursuant thereto.
2. A record from a system of records may be disclosed as a ``routine
use'' to a Federal, State, or local agency which maintains civil,
criminal, or other relevant enforcement information or other pertinent
information, such as current licenses, if necessary, to obtain
information relevant to an agency decision concerning the hiring or
retention of an employee, the issuance of a security clearance, the
letting of a contract, or the issuance of a license, grant, or other
benefit.
3. A record from a system of records may be disclosed as a ``routine
use'' to a Federal agency, in response to its request, for a matter
concerning the hiring or retention of an employee, the issuance of a
security clearance, the reporting of an investigation of an employee,
the letting of a contract, or the issuance of a license, grant, or
other benefit by the requesting agency, to the extent that the
information is relevant and necessary to the requesting agency's
decision in the matter.
4. A record from a system of records may be disclosed as a ``routine
use'' to an authorized appeal grievance examiner, formal complaints
examiner, equal employment opportunity investigator, arbitrator or
other duly authorized official engaged in investigation or settlement
of a grievance, complaint, or appeal filed by an employee. Further, a
record from any system of records may be disclosed as a ``routine
use'' to the Office of Personnel Management in accordance with the
agency's responsibility for evaluation and oversight of Federal
personnel management.
5. A record from a system of records may be disclosed as a ``routine
use'' to officers and employees of a Federal agency for purposes of
audit.
6. A record from a system of records may be disclosed as a ``routine
use'' to a member of Congress or to a congressional staff member in
response to an inquiry from the congressional office made at the
request of the individual about whom the record is maintained.
7. A record from a system of records may be disclosed as a ``routine
use'' to the officers and employees of the General Services
Administration (GSA) in connection with administrative services
provided to this Agency under agreement with GSA.
8. It shall be a routine use of the records maintained by this agency
to disclose them to the Department of Justice when
(a) The Agency, or any component thereof; or
(b) Any employee of the Agency in his or her official capacity; or
(c) Any employee of the Agency in his or her individual capacity where
the Department of Justice has agreed to represent the employee; or
(d) The United States, where the Agency determines the litigation is
likely to affect the agency or any of its components, is a party to
litigation or has an interest in such litigation, and the use of such
records by the Department of Justice is deemed by the Agency to be
relevant and necessary to the litigation, provided, however, that in
each case, the Agency determines that disclosure of the records to the
Department of Justice is a use of the information contained in the
records that is compatible with the purpose for which the records were
collected.
9. It shall be a routine use of records maintained by this Agency to
disclose them in a proceeding before a court or adjudicative body
before which the agency is authorized to appear, when
(a) The Agency, or any component thereof; or
(b) Any employee of the Agency in his or her official capacity; or
(c) Any employee of the Agency in his or her individual capacity where
the Agency has agreed to represent the employee; or
(d) The United States, where the Agency determines that litigation is
likely to affect the agency or any of its components, is a party to
litigation or has an interest in such litigation, and the Agency
determines that use of such records is relevant and necessary to the
litigation, provided, however, that in each case, the Agency
determines that disclosure of the records to the Department of Justice
is a use of the information contained in the records that is
compatible with the purpose for which the records were collected.
Appendix B--List of Regional Offices (Addresses and States Covered
by Each Region)
I. NCUA Region I Regional Office: 9 Washington Square, Washington
Square Extension, Albany, NY 12205, Phone: (518) 472-4554.
States covered: Connecticut, Maine, Massachusetts, New Hampshire, New
Jersey, New York, Puerto Rico, Rhode Island, Vermont, Virgin Islands.
II. NCUA Region II Regional Office: Eighth Floor, 1776 G Street,
Washington, DC 20006, Phone: (202) 682-1900.
States covered: District of Columbia, Delaware, Maryland,
Pennsylvania, Virginia, West Virginia.
III. NCUA Region III Regional Office: 7000 Central Parkway, Suite
1600, Atlanta, GA 30328, Phone: (404) 396-4042.
States covered: Arkansas, Alabama, Republic of Panama, Florida,
Georgia, Kentucky, Louisiana, Mississippi, North Carolina, Tennessee,
South Carolina.
IV. NCUA Region IV Regional Office: 300 Park Boulevard, Suite 155,
Itasca IL 60143, Phone: (312) 250-6000.
States covered: Illinois, Indiana, Iowa, Michigan, Minnesota,
Missouri, North Dakota, Ohio, South Dakota, Wisconsin.
V. NCUA Region V Regional Office: 4807 Spicewood Springs Road,
Building 5, Austin, TX 78759, Phone: (512) 482-4500.
States covered: Arizona, Colorado, Iowa, Kansas, Minnesota, Nebraska,
New Mexico, North Dakota, South Dakota, Oklahoma, Texas, Utah,
Wyoming.
VI. NCUA Region VI Regional Office: 2890 N. Main Street, Suite 101,
Walnut Creek, CA 94596, Phone: (415) 486-3490.
States covered: Alaska, California, Guam, Hawaii, Idaho, Montana,
Nevada, Oregon, Washington.
PRIVACY ACT RULES
NATIONAL CREDIT UNION ADMINISTRATION
Title 12--Banks and Banking
Chapter VII-National Credit Union Administration
PART 792-REQUESTS FOR INFORMATION UNDER THE FREEDOM OF INFORMATION ACT
AND PRIVACY ACT, AND BY SUBPOENA; SECURITY PROCEDURES FOR CLASSIFIED
INFORMATION
Subpart B--The Privacy Act
Sec.
792.20 Scope.
792.21 Definitions.
792.22 Procedures for requests pertaining to individual records in a
system of records.
792.23 Times, places, and requirements for identification of individuals
making requests and identification of records requested.
792.24 Notice of existence of records, access decisions and disclosure
of requested information; time limits.
792.25 Special procedures: Information furnished by other agencies;
medical records.
792.26 Requests for correction or amendment to records; administrative
review of requests.
792.27 Appeal of initial determination.
792.28 Disclosure of record to person other than the individual to whom
it pertains.
792.29 Accounting for disclosures.
792.30 Requests for accounting for disclosures.
792.31 Collection of information from individuals; information forms.
792.32 Contracting for the operation of a system of records.
792.33 Fees.
792.34 Exemptions.
792.35 Security of systems of records.
792.36 Use and collection of Social Security numbers.
792.37 Training and employee standards of conduct with regard to
privacy.
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.
Source: 54 FR 18476, May 1, 1989.
Subpart B-The Privacy Act
Sec. 792.20 Scope.
This subpart governs requests made of NCUA under the Privacy Act (5
U.S.C. 552a). The regulation applies to all records maintained by NCUA
which contain personal information about an individual and some means of
identifying the individual, and which are contained in a system of
records from which information may be retrieved by use of an identifying
particular; sets forth procedures whereby individuals may seek and gain
access to records concerning themselves and request amendments of those
records; and sets forth requirements applicable to NCUA employees'
maintaining, collecting, using, or disseminating such records.
Sec. 792.21 Definitions.
For purposes of this subpart:
(a) ``Individual'' means a citizen of the United States or an alien
lawfully admitted for permanent residence.
(b) ``Maintain'' includes maintain, collect, use, or disseminate.
(c) ``Record'' means any item, collection, or grouping of information
about an individual that is maintained by NCUA, and that contains the
name, or an identifying number, symbol, or other identifying particular
assigned to the individual.
(d) ``System of records'' means a group of any records under NCUA's
control from which information is retrieved by the name of the
individual or by some identifying number, symbol, or other identifying
particular assigned to the individual.
(e) ``Routine use'' means, with respect to the disclosure of a record,
the use of such record for a purpose which is compatible with the
purpose for which it was collected.
(f) ``Statistical record'' means a record in a system of records
maintained for statistical research or reporting purposes only and not
used in whole or in part in making any determination about an
identifiable individual, except as provided by section 8 of title 13 of
the United States Code.
Sec. 792.22 Procedures for requests pertaining to individual records
in a system of records.
(a) An individual seeking notification of whether a system of records
contains a record pertaining to that individual, or an individual
seeking access to information or records pertaining to that individual
which are available under the Privacy Act shall present a request to the
NCUA official identified in the access procedure section of the ``Notice
of Systems of Records'' published in the Federal Register which
describes the system of records to which the individual's request
relates. An individual who does not have access to the Federal Register
and who is unable to determine the appropriate official to whom a
request should be submitted may submit a request to the Director of the
Administrative Office, National Credit Union Administration, 1776 G
Street, NW, Washington, DC 20456, in which case the request will then be
referred to the appropriate NCUA official and the date of receipt of the
request will be determined as the date of receipt by the official.
(b) In addition to meeting the identification requirements set forth
in Sec. 792.23, an individual seeking notification or access, either in
person or by mail, shall describe the nature of the record sought, the
approximate dates covered by the record, and the system in which it is
thought to be included, as described in the ``Notice of Systems of
Records'' published in the Federal Register.
Sec. 792.23 Times, places, and requirements for identification of
individuals making requests and identification of records requested.
(a) The following standards are applicable to an individual submitting
requests either in person or by mail under Sec. 792.22:
(1) If not personally known to the NCUA official responding to the
request, an individual seeking access to records about that individual
in person shall establish identity by the presentation of a single
document bearing a photograph (such as a passport or identification
badge) or by the presentation of two items of identification which do
not bear a photograph but do bear both a name and address (such as a
driver's license or credit card);
(2) An individual seeking access to records about that individual by
mail may establish identity by a signature, address, date of birth,
employee identification number if any, and one other identifier such as
a photocopy of driver's license or other document. If less than all of
this requisite identifying information is provided, the NCUA official
responding to the request may require further identifying information
prior to any notification or responsive disclosure.
(3) An individual seeking access to records about that individual by
mail or in person, who cannot provide the required documentation or
identification, may provide a notarized statement affirming identity and
recognition of the penalties for false statements pursuant to 18 U.S.C.
1001.
(b) The parent or guardian of a minor or a person judicially
determined to be incompetent shall, in addition to establishing identity
of the minor or other person as required in paragraph (a) of this
section, furnish a copy of a birth certificate showing parentage or a
court order establishing guardianship.
(c) An individual may request by telephone notification of the
existence of and access to records about that individual and contained
in a system of records. In such a case, the NCUA official responding to
the request shall require, for the purpose of comparison and
verification of identity, at least two items of identifying information
(such as date of birth, home address, social security number) already
possessed by the NCUA. If the requisite identifying information is not
provided, or otherwise at the discretion of the responsible NCUA
official, an individual may be required to submit the request by mail or
in person in accordance with paragraph (a) of this section.
(d) An individual seeking to review records about that individual may
be accompanied by another person of their own choosing. In such cases,
the individual seeking access shall be required to furnish a written
statement authorizing discussion of that individual's records in the
accompanying person's presence.
(e) In addition to the requirements set forth in paragraphs (a), (b)
and (c) of this section, the published ``Notice of System of Records''
for individual systems may include further requirements of
identification where necessary to retrieve the individual records from
the system.
Sec. 792.24 Notice of existence of records, access decisions and
disclosure of requested information; time limits.
(a) The NCUA official identified in the record access procedure
section of the ``Notice of Systems of Records'' and identified in
accordance with Sec. 792.22(a), by an individual seeking notification
of, or access to, a record, shall be responsible: (1) For determining
whether access is available under the Privacy Act; (2) for notifying the
requesting individual of that determination; and (3) for providing
access to information determined to be available. In the case of an
individual access request made in person, information determined to be
available shall be provided by allowing a personal review of the record
or portion of a record containing the information requested and
determined to be available, and the individual shall be allowed to have
a copy of all or any portion of available information made in a form
comprehensible to him. In the case of an individual access request made
by mail, information determined to be available shall be provided by
mail, unless the individual has requested otherwise.
(b) The following time limits shall be applicable to the required
determinations, notification and provisions of access set forth in
paragraph (a) of this section:
(1) A request concerning a single system of records which does not
require consultation with or requisition of records from another agency
shall be responded to within 10 working days after receipt of the
request;
(2) A request requiring requisition of records from or consultation
with another agency shall be responded to within 10 working days after
such requisition or resolution of the required consultation. Such
required requisition or consultation shall be initiated within 10
working days after 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 Director of the Administrative
Office may, upon written request of the official responsible for action
upon the record request, extend the time period established by these
regulations for an additional 15 working days.
(c) Nothing in this section shall be construed to allow an individual
access to any information compiled in reasonable anticipation of a civil
action or proceeding, or any information exempted from the access
provisions of the Privacy Act.
Sec. 792.25 Special procedures: Information furnished by other
agencies; medical records.
(a) When a request for records or information from NCUA includes
information furnished by other Federal agencies, the NCUA official
responsible for action on the request shall consult with the appropriate
agency prior to making a decision to disclose or refuse access to the
record, but the decision whether to disclose the record shall be made in
the first instance by the NCUA official.
(b) When an individual requests medical records concerning that
individual, the NCUA official responsible for action on the request may
advise the individual that the records will be provided only to a
physician designated in writing by the individual. Upon receipt of the
designation and upon proper verification of identity, the NCUA official
shall permit the physician to review the records or to receive copies of
the records by mail. The determination of which records should be made
available directly to the individual and which records should not be
disclosed directly because of possible harm to the individual shall be
made by the NCUA official responsible for action on the request.
Sec. 792.26 Requests for correction or amendment to a record;
administrative review of requests.
(a) An individual may request amendment of a record concerning that
individual by addressing a request, either in person or by mail, to the
NCUA official identified in the ``contesting record procedures'' section
of the ``Notice of Systems of Records'' published in the Federal
Register and describing the system of records which contains the record
sought to be amended. The request must indicate the particular record
involved, the nature of the correction sought, and the justification for
the correction or amendment. Requests made by mail should be addressed
to the responsible NCUA official at the address specified in the
``Notice of Systems of Records'' describing the system of records which
contains the contested record. An individual who does not have access to
the NCUA's ``Notice of Systems of Records,'' and to whom the appropriate
address is otherwise unavailable may submit a request to the Director of
the Administrative Office, National Credit Union Administration, 1776 G
Street, NW, Washington, DC 20456, in which case the request will then be
referred to the appropriate NCUA official. The date of receipt of the
request will be determined as of the date of receipt by that official.
(b) Within 10 working days of receipt of the request, the appropriate
NCUA official shall advise the individual that the request has been
received. The appropriate NCUA official shall then promptly (under
normal circumstances, not later than 30 working days after receipt of
the request) advise the individual that the record is to be amended or
corrected, or inform the individual of rejection of the request to amend
the record, the reason for the rejection, and the procedures established
by Sec. 792.27 for the individual to request a review of that rejection.
Sec. 792.27 Appeal of initial determination.
(a) A rejection, in whole or in part, of a request to amend or correct
a record may be appealed to the General Counsel within 30 working days
of receipt of notice of the rejection. Appeals shall be in writing, and
shall set forth the specific item of information sought to be corrected
and the documentation justifying the correction. Appeals shall be
addressed to the Office of General Counsel, National Credit Union
Administration, 1776 G Street, NW, Washington, DC 20456. Appeals shall
be decided within 30 working days of receipt unless the General Counsel,
for good cause, extends such period for an additional 30 working days.
(b) Within the time limits set forth in paragraph (a) of this section,
the General Counsel shall either advise the individual of a decision to
amend or correct the record, or advise the individual of a determination
that an amendment or correction is not warranted on the facts, in which
case the individual shall be advised of the right to provide for the
record a ``Statement of Disagreement'' and of the right to further
appeal pursuant to the Privacy Act. For records under the jurisdiction
of the Office of Personnel Management, appeals will be made pursuant to
that agency's regulations.
(c) A statement of disagreement may be furnished by the individual.
The statement must be sent, within 30 days of the date of receipt of the
notice of General Counsel refusal to authorize correction, to the
General Counsel, National Credit Union Administration, 1776 G Street,
NW, Washington, DC 20456. Upon receipt of a statement of disagreement in
accordance with this section, the General Counsel shall take steps to
ensure that the statement is included in the system of records
containing the disputed item and that the original item is so marked to
indicate that there is a statement of dispute and where, within the
system of records, that statement may be found.
(d) When a record has been amended or corrected or a statement of
disagreement has been furnished, the system manger for the system of
records containing the record shall, within 30 days thereof, advise all
prior recipients of information to which the amendment or statement of
disagreement relates whose identity can be determined by an accounting
made as required by the Privacy Act of 1974 or any other accounting
previously made, of the amendment or statement of disagreement. When a
statement of disagreement has been furnished, the system manager shall
also provide any subsequent recipient of a disclosure containing
information to which the statement relates with a copy of the statement
and note the disputed portion of the information disclosed. A concise
statement of the reasons for not making the requested amendment may also
be provided if deemed appropriate.
(e) If access is denied because of an exemption, the individual shall
be notified of the right to appeal that determination to the General
Counsel within 180 days after receipt of the determination. Such an
appeal shall be determined within 30 days.
Sec. 792.28 Disclosure of record to person other than the individual
to whom it pertains.
No record or item of information concerning an individual which is
contained in a system of records maintained by NCUA shall be disclosed
by any means of communication to any person, or to another agency,
without the prior written consent of the individual to whom the record
or item of information pertains, unless the disclosure would be--
(a) To an employee of the NCUA who has need for the record in the
performance of duty;
(b) Required by the Freedom of Information Act;
(c) For a routine use as described in the ``Notice of Systems of
Records,'' published in the Federal Register, which describes the system
of records in which the record or item of information is contained;
(d) To the Bureau of the Census for purposes of planning or carrying
out a census or survey or related activity pursuant to the provisions of
Title 13 of the United States Code;
(e) To a recipient who has provided the NCUA with advance adequate
written assurance that the record or item will be used soley as a
statistical research or reporting record, and the record is to be
transferred in a form that is not individually identifiable;
(f) To the National Archives and Records Administration as a record or
item which has sufficient historical or other value to warrant its
continued preservation by the United States Government, or for
evaluation by the Archivist of the United States or the designee of the
Archivist to determine whether the record has such value;
(g) To another agency or to an instrumentality of any governmental
jurisdiction within or under the control of the United States for a
civil or criminal law enforcement activity if the activity is authorized
by law, and if the head of the agency or instrumentality has made a
written request to NCUA specifying the particular portion desired and
the law enforcement activity for which the record or item is sought;
(h) To a person pursuant to a showing of compelling circumstances
affecting the health or safety of an individual if, upon such
disclosure, notification is transmitted to the last known address of
such individual;
(i) To either House of Congress, or, to the extent of matter within
its jurisdiction, any committee or subcommittee thereof, any joint
committee of Congress or subcommittee of any such joint committee;
(j) To the Comptroller General, or any of his authorized
representatives, in the course of the performance of the duties of the
General Accounting Office; or
(k) Pursuant to the order of a court of competent jurisdiction; or
(l) To a consumer reporting agency in accordance with section 3711(f)
of Title 31 of the United States Code (31 U.S.C. 3711(f)).
Sec. 792.29 Accounting for disclosures.
(a) Each system manager identified in the ``Notice of Systems of
Records'' as published in the Federal Register for each system of
records maintained by the NCUA, shall establish a system of accounting
for all disclosures of information or records concerning individuals and
contained in the system of records, made outside NCUA. Accounting
procedures may be established in the least expensive and most convenient
form that will permit the system manager to advise individuals, promptly
upon request, of the persons or agencies to which records concerning
them have been disclosed.
(b) Accounting records, at a minimum, shall include the information
disclosed, the name and address of the person or agency to whom
disclosure was made, and the date of disclosure. When records are
transferred to the National Archives and Records Administration for
storage in records centers, the accounting pertaining to those records
shall be transferred with the records themselves.
(c) Any accounting made under this section shall be retained for at
least five years or the life of the record, whichever is longer, after
the disclosure for which the accounting is made.
Sec. 792.30 Requests for accounting for disclosures.
At the time of the request for access or correction or at any other
time, an individual may request an accounting of disclosures made of the
individual's record outside the NCUA. Request for accounting shall be
directed to the system manager. Any available accounting, whether kept
in accordance with the requirements of the Privacy Act or under
procedures established prior to September 27, 1975, shall be made
available to the individual, except that an accounting need not be made
available if it relates to:
(a) A disclosure made pursuant to the Freedom of Information Act (5
U.S.C. 552);
(b) A disclosure made within the NCUA;
(c) A disclosure made to a law enforcement agency pursuant to 5 U.S.C.
552a(b)(7);
(d) A disclosure which has been exempted from the provisions of 5
U.S.C. 552a(c)(3) pursuant to 5 U.S.C. 552a(j) or (k).
Sec. 790.31 Collection of information from individuals; information
forms.
(a) The system manager, as identified in the ``Notice of Systems of
Records'' published in the Federal Register for each system of records
maintained by the Administration, shall be responsible for reviewing all
forms developed and used to collect information from or about
individuals for incorporation into the system of records.
(b) The purpose of the review shall be to eliminate any requirement
for information that is not relevant and necessary to carry out an NCUA
function and to accomplish the following objectives:
(1) To ensure that no information concerning religion, political
beliefs or activities, association memberships (other than those
required for a professional license), or the exercise of other First
Amendment rights is required to be disclosed unless such requirement of
disclosure is expressly authorized by statute or is pertinent to and
within the scope of any authorized law enforcement activity;
(2) To ensure that the form or accompanying statement makes clear to
the individual which information by law must be disclosed and the
authority for that requirement, and which information is voluntary;
(3) To ensure that the form or accompanying statement makes clear the
principal purpose or purposes for which the information is being
collected, and states concisely the routine uses that will be made of
the information;
(4) To ensure that the form or accompanying statement clearly
indicates to the individual the existing rights, benefits or privileges
not to provide all or part of the requested information; and
(5) To ensure that any form requesting disclosure of a social security
number, or an accompanying statement, clearly advises the individual of
the statute or regulation requiring disclosure of the number, or clearly
advises the individual that disclosure is voluntary and that no
consequence will flow from a refusal to disclose it, and the uses that
will be made of the number whether disclosed mandatorily or voluntarily.
(c) Any form which does not meet the objectives specified in the
Privacy Act and this section shall be revised to conform thereto.
Sec. 792.32 Contracting for the operation of a system of records.
(a) No NCUA component shall contract for the operation of a system of
records by or on behalf of the Agency without the express approval of
the NCUA Board.
(b) Any contract which is approved shall continue to ensure compliance
with the requirements of the Privacy Act. The contracting component
shall have the responsibility for ensuring that the contractor complies
with the contract requirements relating to the Privacy Act.
Sec. 792.33 Fees.
(a) Fees pursuant to 5 U.S.C. 552a(f)(5) shall be assessed for actual
copies of records provided to individuals on the following basis, unless
the NCUA official determining access waives the fee because of the
inability of the individual to pay or the cost of collecting the fee
exceeds the fee:
(1) For actual copies of documents, 25 cents per page; and
(2) For copying information, if any, maintained in nondocument form,
the direct cost to NCUA may be assessed.
(b) If it is determined that access fees chargeable under this section
will amount to more than $25, and the individual has not indicated in
advance willingness to pay fees as high as are anticipated, the
individual shall be notified of the amount of the anticipated fees
before copies are made, and the individual's access request shall not be
considered to have been received until receipt by NCUA of written
agreement to pay.
Sec. 792.34 Exemptions.
(a) NCUA maintains three systems of records which are exempted from
some of the provisions of the Privacy Act. In paragraph (b) of this
section, those systems of records are identified by System Name and
System Number, as stated in the NCUA's ``Notice of Systems of Records,''
published in the Federal Register. The provisions from which each system
is exempted and the reasons therefor are also set forth.
(b)(1) System NCUA-1, entitled ``Employee Security Investigations
Containing Adverse Information,'' consists of adverse information about
NCUA employees which has been obtained as a result of routine Office of
Personnel Management Security Investigations. To the extent that NCUA
maintains records in this system pursuant to Office of Personnel
Management guidelines which require or may require retrieval of
information by use of individual identifiers, those records are
encompassed by and included in the Office of Personnel Management
Government-Wide System of Records Number 4, entitled ``Personnel
Investigations Records,'' and thus are subject to the applicable
specific exemptions promulgated by the Office of Personnel Management.
Additionally, in order to ensure the protection of properly confidential
sources, particularly as to those records which are not maintained
pursuant to such Office of Personnel Management requirements, the
records in these systems of records are exempted, pursuant to section
(k)(5) of the Privacy Act (5 U.S.C. 552a(k)(5)), from section (d) of the
Act (5 U.S.C. 552a(d)). To the extent that disclosure of a record would
reveal the identity of a confidential source, NCUA need not grant access
to that record by its subject. Information which would reveal a
confidential source shall, however, whenever possible, be extracted or
summarized in a manner which protects the source and the summary or
extract shall be provided to the requesting individual.
(2) System NCUA-4, entitled ``Investigative Reports Involving Possible
Felonies and/or Violations of the Federal Credit Union Act,'' consists
of a limited number of records about individuals suspected or
involvement in felonies or infractions under the Federal Credit Union
Act or criminal statutes. These records are maintained in an overall
context of general investigative information concerning crimes against
credit unions. To the extent that individually identifiable information
is maintained, however, for purposes of protecting the security of any
investigations by appropriate law enforcement authorities and promoting
the successful prosecution of all actual criminal activity, the records
in this system are exempted, pursuant to section (k)(2) of the Privacy
Act (5 U.S.C. 552a(k)(2)), from sections (c)(3), and (d)). NCUA need not
make an accounting of previous disclosures of a record in this system of
records available to its subject, the NCUA need not grant access to any
records in this system of records by their subject. Further, whenever
individuals request records about themselves and maintained in this
system of records, the NCUA shall, to the extent necessary to realize
the above-stated purposes, neither confirm nor deny the existence of the
records but shall advise the individuals only that no records available
to them pursuant to the Privacy Act of 1974 have been identified.
However, should review of the record reveal that the information
contained therein has been used or is being used to deny the individuals
any right, privilege or benefit for which they are eligible or to which
they would otherwise be entitled under Federal law, the individuals
shall be advised of the existence of the information and shall be
provided the information, except to the extent disclosure would identify
a confidential source. Information which would identify a confidential
source shall, if possible, be extracted or summarized in a manner which
protects the source and the summary or extract shall be provided to the
requesting individual.
(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).
(c) For purposes of this section, a ``confidential source'' means a
source who furnished information to the Government under an express
promise that the identity of the source would remain confidential, or,
prior to September 27, 1976, under an implied promise that the identity
of the source would be held in confidence.
[54 FR 18476, May 1, 1989, as amended at 60 FR 31912, June 19, 1995]
Sec. 792.35 Security of systems of records.
(a) Each system manager, with the approval of the head of that Office,
shall establish administrative and physical controls to insure the
protection of a system of records from unauthorized access or disclosure
and from physical damage or destruction. The controls instituted shall
be proportional to the degree of sensitivity of the records, but at a
minimum must insure: that records are enclosed in a manner to protect
them from public view; that the area in which the records are stored is
supervised during all business hours to prevent unauthorized personnel
from entering the area or obtaining access to the records; and that the
records are inaccessible during nonbusiness hours.
(b) Each system manager, with the approval of the head of that Office,
shall adopt access restriction to insure that only those individuals
within the agency who have a need to have access to the records for the
performance of duty have access. Procedures shall also be adopted to
prevent accidental access to or dissemination of records.
Sec. 792.36 Use and collection of Social Security numbers.
The head of each NCUA Office shall take such measures as are necessary
to ensure that employees authorized to collect information from
individuals are advised that individuals may not be required without
statutory or regulatory authorization to furnish Social Security
numbers, and that individuals who are requested to provide Social
Security numbers voluntarily must be advised that furnishing the number
is not required and that no penalty or denial of benefits will flow from
the refusal to provide it.
Sec. 792.37 Training and employee standards of conduct with regard
to privacy.
(a) The Director of the Administrative Office, with advice from the
General Counsel, shall be responsible for training NCUA employees in the
obligations imposed by the Privacy Act and this subpart.
(b) The head of each NCUA Office shall be responsible for assuring
that employees subject to that person's supervision are advised of the
provisions of the Privacy Act, including the criminal penalties and
civil liabilities provided therein, and that such employees are made
aware of their responsibilities to protect the security of personal
information, to assure its accuracy, relevance, timeliness, and
completeness, to avoid unauthorized disclosure either orally or in
writing, and to insure that no information system concerning
individuals, no matter how small or specialized, is maintained without
public notice.
(c) With respect to each system of records maintained by NCUA, Agency
employees shall:
(1) Collect no information of a personal nature from individuals
unless authorized to collect it to achieve a function or carry out an
NCUA responsibility;
(2) Collect from individuals only that information which is necessary
to NCUA functions or responsibilities;
(3) Collect information, wherever possible, directly from the
individual to whom it relates;
(4) Inform individuals from whom information is collected of the
authority for collection, the purposes thereof, the routine uses that
will be made of the information, and the effects, both legal and
practical of not furnishing the information;
(5) Not collect, maintain, use, or disseminate information concerning
an individual's religious or political beliefs or activities or his
membership in associations or organizations, unless:
(i) The individual has volunteered such information for his own
benefit;
(ii) The information is expressly authorized by statute to be
collected, maintained, used, or disseminated; or
(iii) Activities involved are pertinent to and within the scope of an
authorized investigation or adjudication.
(6) Advise their supervisors of the existence or contemplated
development of any record system which retrieves information about
individuals by individual identifier.
(7) Maintain an accounting, in the prescribed form, of all
dissemination of personal information outside NCUA, whether made orally
or in writing;
(8) Disseminate no information concerning individuals outside NCUA
except when authorized by 5 U.S.C. 552a or pursuant to a routine use as
set forth in the ``routine use'' section of the ``Notice of Systems of
Records'' published in the Federal Register.
(9) Maintain and process information concerning individuals with care
in order to ensure that no inadvertent disclosure of the information is
made either within or outside NCUA; and
(10) Call to the attention of the proper NCUA authorities any
information in a system maintained by NCUA which is not authorized to be
maintained under the provisions of the Privacy Act, including
information on First Amendment activities, information that is
inaccurate, irrelevant or so incomplete as to risk unfairness to the
individuals concerned.
(c) Heads of offices within NCUA shall, at least annually, review the
record systems subject to their supervision to ensure compliance with
the provisions of the Privacy Act.