[Federal Register Volume 84, Number 202 (Friday, October 18, 2019)]
[Notices]
[Pages 56017-56020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22408]
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DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency
Privacy Act of 1974; System of Records
AGENCY: Office of the Comptroller of the Currency (OCC), Department of
the Treasury.
ACTION: Notice of a modified system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, the Department of
the Treasury (``Treasury'' or the ``Department''), Office of the
Comptroller of the Currency, proposes to modify a system of records
titled, ``Department of the Treasury, Office of the Comptroller .220--
Notices of Proposed Changes in Employees, Officers and Directors
Tracking System--Treasury/Comptroller.'' This electronic system, is
used to maintain the applications, background materials, and tracking
information related to applications submitted by OCC-regulated entities
for approval of employees, proposed directors or senior executive
officers of a national bank, federal savings association, or federal
branches of foreign banks; and requests from foreign banking
supervisors for information about a former or existing employee of an
OCC-regulated institution. Records in this system may be contained in
an electronic system used by the OCC's Large Bank Supervision examiners
or in an electronic system used by the OCC's Midsize and Community Bank
supervision examiners, depending on the bank to which the records
pertain. Additional copies of information may be contained in paper
working files.
DATES: Submit comments on or before November 18, 2019. The new routine
use will be applicable on November 18, 2019 unless Treasury receives
comments and determines that changes to the system of records notice
are necessary.
ADDRESSES: Comments may be submitted to the OCC by any of the methods
set forth below. Commenters are encouraged to submit comments through
the Federal eRulemaking Portal or email, if possible. Please use the
title ``Privacy Act'' to facilitate the organization and distribution
of the comments. You may submit comments by any of the following
methods:
Federal eRulemaking Portal--``Regulations.gov'': Go to
www.regulations.gov. Enter ``Docket ID OCC-2019-0026'' in the Search
Box and click ``Search.'' Click on ``Comment Now'' to submit public
comments.
Click on the ``Help'' tab on the Regulations.gov home page
to get information on using Regulations.gov, including instructions for
submitting public comments.
Email: [email protected].
Mail: Legislative and Regulatory Activities Division,
Office of the Comptroller of the Currency, 400 7th Street SW, Suite 3E-
218, Washington, DC 20219.
Hand Delivery/Courier: 400 7th Street SW, Suite 3E-218,
Washington, DC 20219.
Fax: (571) 465-4326.
Instructions: You must include ``OCC'' as the agency name and
``Docket ID OCC-2019-0026'' in your comment. The OCC will enter all
comments received into the docket and publish the comments on the
Regulations.gov website without change, including any business or
personal information that you provide such as name and address
information, email addresses, or phone numbers. All comments received,
including attachments and other supporting materials, are part of the
public record and subject to public disclosure. All comments received
will be posted without change to www.regulations.gov, including any
personal information provided. You should submit only information that
you wish to make publicly available. Do not include any information in
your comment or supporting materials that you consider confidential or
inappropriate for public disclosure.
You may review comments and other related materials that pertain to
this rulemaking action by any of the following methods:
Viewing Comments Electronically: Go to www.regulations.gov. Enter
``Docket ID OCC-2019-0026'' in the Search box and click ``Search.''
Click on ``Open Docket Folder'' on the right side of the screen.
Comments and supporting materials can be viewed and filtered by
clicking on ``View all documents and comments in this docket'' and then
using the filtering tools on the left side of the screen.
Click on the ``Help'' tab on the Regulations.gov home page
to get information on using Regulations.gov. The docket may be viewed
after the
[[Page 56018]]
close of the comment period in the same manner as during the comment
period.
Viewing Comments Personally: You may personally inspect comments at
the OCC, 400 7th Street SW, Washington, DC 20219. For security reasons,
the OCC requires that visitors make an appointment to inspect comments.
You may do so by calling (202) 649-6700 or, for persons who are deaf or
hearing impaired, TTY, (202) 649-5597. Upon arrival, visitors will be
required to present valid government-issued photo identification and
submit to security screening in order to inspect comments.
FOR FURTHER INFORMATION CONTACT: For general questions please contact
Kristin Merritt, Special Counsel, Administrative and Internal Law
Division, (202) 649-5585; for persons who are deaf or hard of hearing,
TTY, (202) 649-5597; Stephen Warren, Chief Information Officer, (202)
649-6001; or Ronald Sheldon, Senior Program Analyst (Privacy), Privacy
Program Office, (202) 649-5780, Office of the Comptroller of the
Currency, 400 7th Street SW, Washington, DC 20219.
SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act, 5 U.S.C.
552a, the Department of the Treasury (``Treasury''), Office of the
Comptroller of the Currency proposes to modify a current Treasury
system of records titled, ``Department of the Treasury, CC .220--
Notices of Proposed Changes in Employees, Officers and Directors
Tracking System--Treasury/Comptroller.'' This notice amends the
existing SORN to (1) change the name of the SORN to more accurately
describe the system; (2) expand the category of individuals in the
system beyond those submitting a notice pursuant to 12 CFR 5.51 to
include those for whom background information has been requested by
another federal financial institution supervisor or a foreign
supervisor; (3) remove from the category of individuals in the system
those submitting a notice pursuant to 12 CFR 5.20(g)(2); (4) expand the
categories of records to include additional background checks conducted
beyond those undertaken pursuant to notices filed under 12 CFR 5.51;
(5) expand the categories of records of records, to include information
beyond basic tracking information associated with notices submitted
under section 5.51 to include notice materials (including interagency
biographical and financial reports submitted in connection with those
applications) and background check result information; (6) remove from
the categories of records information submitted pursuant to notices
filed under 12 CFR 5.20(g)(2); and (7) add one routine use to all of
the systems of records to share information with other federal agencies
or federal entities as required by OMB Memorandum 17-12, ``Preparing
for and Responding to a Breach of Personally Identifiable
Information,'' dated January 3, 2017, to assist Treasury/Fiscal Service
in responding to a suspected or confirmed breach or prevent, minimize,
or remedy the risk of harm to the requesters, Treasury/Office of the
Comptroller of the Currency, the Federal Government, or national
security.
Dated: May 24, 2019.
Ryan Law,
Deputy Assistant Secretary for Privacy, Transparency and Records.
Editorial note: This document was received for publication by
the Office of the Federal Register on October 9, 2019.
SYSTEM NAME AND NUMBER:
Department of the Treasury, Office of the Comptroller of the
Currency (OCC) Treasury/OCC .220. Processing, Tracking and
Recordkeeping System: 914 and other Background Checks.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at the Supervision Information division,
Office of the Comptroller of the Currency, 400 Seventh Street SW, Room
8E-206, Washington, DC 20219-0001; Large Bank Supervisory Information,
Office of the Comptroller of the Currency, 400 Seventh Street SW, Room
8W-412, Washington, DC 20219-0001.
SYSTEM MANAGER(S):
Director for Supervisory Information, (202) 649-6693, Office of the
Comptroller of the Currency, 400 Seventh Street SW, Room 8E-206,
Washington, DC 20219-0001; Supervisory National Bank Examiner, Large
Bank Supervisory Information, (202) 649-5002, Office of the Comptroller
of the Currency, 400 Seventh Street SW, Room 8W-412, Washington, DC
20219-0001.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
12 U.S.C. 1 (as amended), 27, 93a, 481, 1464, 1818, 1820, 1831i,
and 5412(b)(2)(b).
PURPOSE(S) OF THE SYSTEM:
The OCC uses information maintained in this system to carry out its
statutory and other regulatory responsibilities, including reviews of
the qualifications and fitness of individuals who propose to become
responsible for the business operations of OCC-regulated entities;
assisting other federal financial institution supervisors in such
reviews; and responding to requests from foreign supervisors requiring
information in order to carry out their statutory and other regulatory
responsibilities.
CATEGORIES OF INDIVIDUALS COVERED BY THIS SYSTEM:
Individuals covered by this system are those who are named in
notices filed: (1) Under 12 CFR 5.51 as proposed directors or senior
executive officers of a national bank, Federal savings association, or
federal branches of foreign banks (Section 5.51-regulated entities)
when the entities:
(a) Have a composite rating of 4 or 5 under the Uniform Financial
Institutions Rating System;
(b) Are subject to cease and desist orders, consent orders, or
formal written agreements, unless otherwise informed in writing by the
OCC;
(c) Have been determined, in writing, by the OCC to be in
``troubled condition'';
(d) Are not in compliance with minimum capital requirements
prescribed under 12 CFR part 3; or
(e) Have been advised by the OCC, in connection with its review of
an entity's capital restoration plan, that such filings are
appropriate;
(2) those named in notices submitted in accordance with the
requirements of an order, condition imposed in writing, or other
written agreement pursuant to 12 U.S.C. 1818(b);
(3) those named in notices filed pursuant to similar authorities
with other federal financial institution supervisors and who are the
subject of requests for background information made to the OCC by the
other supervisors; and
(4) those named in requests for background information submitted to
the OCC by foreign supervisors.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records maintained in this Privacy Act system may contain: The
names, charter numbers, and locations of the OCC-regulated institutions
that have submitted notices; the names, addresses, dates of birth,
social security numbers, fingerprints, financial statements, tax
information, criminal background check information, and other
biographical information of individuals proposed as either directors or
senior executive officers; and the actions taken by the OCC in
connection with these notices.
RECORD SOURCE CATEGORIES:
Information maintained in this system is obtained from OCC-
regulated entities; individuals named in notices filed
[[Page 56019]]
pursuant to 5 CFR 5.51or in accordance with the requirements of an
order, condition imposed in writing, or other written agreement
pursuant to 12 U.S.C. 1818(b); federal or state financial regulatory
agencies; foreign regulators; criminal law enforcement authorities; and
credit bureaus.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
Information maintained in this system may be disclosed to:
(1) A Section 5.51-regulated entity or an entity in connection with
review and action on a notice filed by such entity;
(2) Third parties to the extent necessary to obtain information
that is pertinent to the OCC's review and action on a notice received
under any authority cited herein;
(3) Appropriate governmental or self-regulatory organizations when
the OCC determines that the records are relevant and necessary to the
governmental or self-regulatory organization's regulation or
supervision of financial service providers, including the review of the
qualifications and fitness of individuals who are or propose to become
responsible for the business operations of such financial service
providers;
(4) An appropriate governmental, tribal, self-regulatory, or
professional organization if the information is relevant to a known or
suspected violation of a law or licensing standard within that
organization's jurisdiction;
(5) The Department of Justice, a court, an adjudicative body, a
party in litigation, or a witness if the OCC determines that the
information is relevant and necessary to a proceeding in which the OCC,
any OCC employee in his or her official capacity, any OCC employee in
his or her individual capacity represented by the Department of Justice
or the OCC, or the United States is a party or has an interest;
(6) A congressional office when the information is relevant to an
inquiry made at the request of the individual about whom the record is
maintained;
(7) A contractor or agent who needs to have access to this system
of records to perform an assigned activity;
(8) Third parties when mandated or authorized by statute; or
(9) To appropriate agencies, entities, and persons when (a) the
Department of the Treasury and/or the OCC suspects or has confirmed
that there has been a breach of the system of records; (b) the
Department of the Treasury and/or the OCC has determined that as a
result of the suspected or confirmed breach there is a risk of harm to
individuals, the Department of the Treasury and/or the OCC (including
its information systems, programs, and operations), the Federal
Government, or national security; and (c) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with the Department of the Treasury's and/or the OCC's
efforts to respond to the suspected or confirmed breach or to prevent,
minimize, or remedy such harm;
(10) To another Federal agency or Federal entity, when the
Department of the Treasury and/or OCC determines that information from
this system of records is reasonably necessary to assist the recipient
agency or entity in (a) responding to a suspected or confirmed breach
or (b) preventing, minimizing, or remedying the risk of harm to
individuals, the recipient agency or entity (including its information
systems, programs, and operations), the Federal Government, or national
security, resulting from a suspected or confirmed breach.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records maintained in this system are stored electronically.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records maintained in this system may be retrieved by the name or
other personal identifier of an individual covered by the system.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained in accordance with the OCC Comprehensive
Record Retention Schedule, Section 2.3A with a 30-year disposition;
OCC's records management policies; and National Archives and Records
Administration regulations.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Access to this system is restricted to authorized personnel who
have a bona fide business reason to access the information contained in
the system and have been issued non-transferrable access codes and
passwords.
RECORD ACCESS PROCEDURES:
An individual wishing to obtain access to non-exempt records
maintained in this system must submit a written request to the Freedom
of Information Act Officer, Communications Division, (202) 649-6758,
Office of the Comptroller of the Currency, 400 Seventh Street SW, Room
3E-218, Washington, DC 20219-0001. An individual seeking access through
mail must establish his or her identity by providing a signature and an
address as well as one other identifier bearing the individual's name
and signature (such as a photocopy of a driver's license or other
official document). An individual seeking access in person must
establish his or her identity by providing proof in the form of a
single official document bearing a photograph (such as a passport or
identification badge) or two items of identification that bear both a
name and signature. Alternatively, identity may be established by
providing a notarized statement, swearing or affirming to an
individual's identity, and to the fact that the individual understands
the penalties provided in 5 U.S.C. 552a(i)(3) for requesting or
obtaining information under false pretenses. Additional documentation
establishing identity or qualification for notification may be
required, such as in an instance where a legal guardian or
representative seeks notification on behalf of another individual. See
31 CFR part 1, subpart C, Appendix J.
CONTESTING RECORDS PROCEDURES:
An individual wishing to be notified about how he or she can
contest the content of any record pertaining to him or her in this
system should request notification in writing to the Freedom of
Information Act Officer, Communications Division, (202) 649-6758,
Office of the Comptroller of the Currency, 400 Seventh Street SW, Room
3E-218, Washington, DC 20219-0001. Such a request will be subject to
the same identification requirements as above in ``Record Access
Procedures.'' See 31 CFR part 1, subpart C, Appendix J.
NOTIFICATION PROCEDURES:
An individual wishing to be notified if he or she is named in non-
exempt records maintained in this system must submit a written request
to the Freedom of Information Act Officer, Communications Division,
(202) 649-6758, Office of the Comptroller of the Currency, 400 Seventh
Street SW, Room 3E-218, Washington, DC 20219-0001. Such a request will
be subject to the same identification requirements as above in ``Record
Access Procedures.'' See 31 CFR part 1, subpart C, Appendix J.
EXEMPTIONS PROMULGATED FOR THIS SYSTEM:
The Secretary of the Department of the Treasury has exempted this
system from the following provisions of the Privacy Act, subject to the
limitations set forth in 5 U.S.C. 552a(c)(3), (d)(1), (2), (3), and
(4), (e)(1), (e)(4)(G), (H), and (I), and (f) of the Privacy Act
pursuant
[[Page 56020]]
to 5 U.S.C. 552a(j)(2) and (k)(2). See 31 CFR 1.36.
HISTORY:
This system of records notice was last published on January 19,
2016, at 81 FR 2945.
[FR Doc. 2019-22408 Filed 10-17-19; 8:45 am]
BILLING CODE 4810-33-P