In response to the emergency request memorandum submitted by NCUA on 6/26/2019, OIRA is approving NCUA's request for emergency approval for a period of six months. Prior to the expiration of this package in six months, NCUA shall undertake standard notice and comment procedures and describe in its next ICR submission all comments received and the extent to which commentators' recommendations were adopted.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
01/31/2020
6 Months From Approved
4
0
0
7
0
0
0
0
0
This information collection is required under Section 205(d) of the Federal Credit Union Act (FCU Act) to allow the National Credit Union Administration (NCUA) Board to make an informed decision whether to grant a waiver of the prohibition imposed by law under Section 205(d) of the FCU Act. Section 205(d) of the FCU Act prohibits a person who has been convicted of any criminal offense involving dishonesty or breach of trust, or who has entered into a pretrial diversion or similar program in connection with a prosecution for such offense, from participating in the affairs of a federally-insured credit union except with the prior written consent of the NCUA Board. The Interpretive Ruling and Policy Statement (IRPS) 08-1 prescribes the information collection contained therein, implement the requirements of the FCU Act.
In accordance with the Paperwork Reduction Act (PRA), the National Credit Union Administration (NCUA) requests emergency consideration for the use of NCUA Form 3250, âApplication to Request Consent Pursuant to Section 205(d),â prescribed by Interpretive Ruling and Policy Statement (IRPS) 08-1, Guidance Regarding Prohibitions Imposed by Section 205(d) of the Federal Credit Union Act.
On April 4, 2008 , the NCUA issued proposed IRPS 08-1, in the Federal Register. Section 205(d) of the Federal Credit Union Act prohibits, without the prior written consent of the NCUA Board, a person convicted of any criminal offense involving dishonesty or breach of trust, or who has entered into a pretrial diversion or similar program in connection with a prosecution for such offense, from becoming or continuing as an institution-affiliated party, or otherwise participating, directly or indirectly, in the conduct of the affairs of an insured credit union. NCUA Form 3250 was developed to request consent under this IRPS.
The 2008 proposed IRPS did include a PRA statement outlining the proposed application requirements, set out the information collection burden, and provided for public comments. The IRPS was subsequently published as final on August 19, 2008 , which included a copy of the final Application. Actions currently underway to revise this IRPS has led to discover that a PRA action to obtain approval for the use of this Application was not completed for the 2008 IRPS.
In order to ensure compliance under the PRA and to avoid substantial delays to the upcoming proposed amendments to IRPS 08-1, the NCUA is requesting emergency consideration at this time.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Form NCUA 3250 IRPS 08-1, Guidance Regarding Prohibitions Imposed by Sec. 205(d) of the FCU Act
FINAL_EMEGY_Memo_Consent_Pursuant_Sec205(d)_070919.pdf
FINAL_3133-NEW_SS_Sec205(d)_July2019.docx
IRPS 08-1, Guidance Regarding Prohibitions Imposed by Sec. 205(d) of the FCU Act