Notice2022-09338
Privacy Act of 1974: Systems of Records
Primary source
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Published
May 2, 2022
Effective
June 1, 2022
Issuing agencies
National Credit Union Administration
Abstract
Pursuant to the Privacy Act of 1974, the National Credit Union Administration (NCUA) gives notice of a new proposed Privacy Act system of records. The new proposed system is the Reasonable Accommodations Records System, NCUA-25. This system will include information that the NCUA collects and maintains on applicants for employment and employees who request and/or receive reasonable accommodations from NCUA for medical or religious reasons.
Full Text
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<title>Federal Register, Volume 87 Issue 84 (Monday, May 2, 2022)</title>
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[Federal Register Volume 87, Number 84 (Monday, May 2, 2022)]
[Notices]
[Pages 25678-25680]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09338]
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NATIONAL CREDIT UNION ADMINISTRATION
Privacy Act of 1974: Systems of Records
AGENCY: National Credit Union Administration (NCUA).
ACTION: Notice of a new system of records.
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SUMMARY: Pursuant to the Privacy Act of 1974, the National Credit Union
Administration (NCUA) gives notice of a new proposed Privacy Act system
of records. The new proposed system is the Reasonable Accommodations
Records System, NCUA-25. This system will include information that the
NCUA collects and maintains on applicants for employment and employees
who request and/or receive reasonable accommodations from NCUA for
medical or religious reasons.
DATES: Submit comments on or before June 1, 2022 This action will be
effective without further notice on June 1, 2022 unless comments are
received that would result in a contrary determination.
ADDRESSES: You may submit comments by any of the following methods, but
please send comments by one method only:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the instructions for submitting comments.
<bullet> NCUA website: <a href="http://www.ncua.gov/RegulationsOpinionsLaws/proposed_regs/proposed_regs.html">http://www.ncua.gov/RegulationsOpinionsLaws/proposed_regs/proposed_regs.html</a>. Follow the instructions for
submitting comments.
<bullet> Fax: (703) 518-6319. Use the subject line described above
for email.
<bullet> Mail: Address to Melane Conyers-Ausbrooks, Secretary of
the Board, National Credit Union Administration, 1775 Duke Street,
Alexandria, Virginia 22314-3428.
<bullet> Hand Delivery/Courier: Same as mail address.
FOR FURTHER INFORMATION CONTACT: Towanda Brooks, Chief Human Capital
Officer and Director, Office of Human Resources, or Vanessa Jackson,
Reasonable Accommodation Coordinator, Office of Human Resources; or
Rena Kim, Privacy Attorney, Office of General Counsel, the National
Credit Union Administration, 1775 Duke Street, Alexandria, Virginia
22314.
SUPPLEMENTARY INFORMATION: This notice informs the public of the NCUA's
proposal to establish and maintain a new system of records in
accordance with the Privacy Act of 1974. The information collected in
the NCUA-25 system of records covers the NCUA's collection and
maintenance of records on applicants for employment, employees, and
other individuals who participate in NCUA programs or activities who
request or receive reasonable accommodations or other appropriate
modifications from the NCUA for medical or religious reasons. Title V
of the Rehabilitation Act of 1973, as amended, prohibits discrimination
in services and employment on the basis of disability, and Title VII of
the Civil Rights Act of 1974 prohibits discrimination, including on the
basis of religion. These prohibitions on discrimination may require
Federal agencies to provide reasonable accommodations to individuals
with disabilities and those with sincerely held religious beliefs,
practices, or observances unless doing so would impose an undue
hardship. In some instances, individuals may request modifications to
their workspace, schedule, duties, or other requirements for documented
medical reasons that may not qualify as a disability but may
necessitate an appropriate modification to workplace policies and
practices.
The NCUA's Office of Human Resources processes requests for
reasonable accommodations from employees and applicants for employment
and also processes requests based on documented medical reasons that
may not qualify as a disability but that warrant consideration of an
appropriate modification to workplace policies and practices in
accordance with agency policy. Other NCUA offices may also receive such
requests related to programs or activities for which they are
responsible. Existing records related to the request, documents
supporting the request, any evaluation conducted internally, by a
supporting government authority or a third party under contract to the
NCUA, the decision whether to grant or deny the request, and the
details and conditions of the reasonable accommodation are all included
in this system of records.
The format of NCUA-25 aligns with the guidance set forth in OMB
Circular A-108.
By the National Credit Union Administration Board on April 21,
2022.
Melane Conyers-Ausbrooks,
Secretary of the Board.
SYSTEM NAME AND NUMBER:
Reasonable Accommodations Records--NCUA-25.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
The system is operated and maintained at the National Credit Union
Administration, 1775 Duke Street, Alexandria, Virginia 22314. Records
may be located in locked cabinets and offices, on NCUA's local area
network, or in authorized cloud service providers.
[[Page 25679]]
SYSTEM MANAGER(S):
Chief Human Capital Officer and Director of the Office of Human
Resources, National Credit Union Administration, 1775 Duke Street,
Alexandria, Virginia 22314.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
12 U.S.C. 1751, et. seq., The Rehabilitation Act of 1973, 29 U.S.C.
701, 791, 794; Title VII of the Civil Rights Act of 1964, 42 U.S.C.
2000e; 29 CFR 1605 (Guidelines on Discrimination Because of Religion);
29 CFR 1614 (Federal Sector Equal Employment Opportunity); 29 CFR 1614
(Regulations to Implement the Equal Employment Provisions of the
Americans With Disabilities Act); 5 U.S.C. 302, 1103; Executive Order
13164, Requiring Federal Agencies to Establish Procedures to Facilitate
the Provision of Reasonable Accommodation (July 26, 2000); and
Executive Order 13548, Increasing Federal Employment of Individuals
with Disabilities (July 26, 2010).
PURPOSE(S) OF THE SYSTEM:
This system of records is maintained for the purposes of:
1. Collecting and maintaining records on NCUA applicants for
employment, employees, and other individuals who participate in NCUA
programs or activities and who request or receive reasonable
accommodations or other appropriate modifications from the NCUA for
medical or religious reasons;
2. To process, evaluate, and make decisions on individual requests
and;
3. To track and report the processing of such requests agency-wide
to comply with applicable requirements in law and policy.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered by this system are (1) Applicants for Federal
employment and (2) Federal employees who requested and/or received
reasonable accommodations or other appropriate modifications from the
NCUA for medical or religious reasons and (3) other individuals who
participate in NCUA programs or activities and who request or receive
reasonable accommodations or other appropriate modifications from the
NCUA for medical or religious reasons.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in the system may contain:
<bullet> Requester's name;
<bullet> Requester's status (applicant, current employee);
<bullet> Requester's position title, series, grade;
<bullet> Requester's supervisor's name;
<bullet> Requester's contact information (addresses, phone numbers,
and email addresses);
<bullet> Description of the requester's medical condition or
disability and any medical documentation provided in support of the
request;
<bullet> Medical provider's name and contact information;
<bullet> Requester's statement of a sincerely held religious belief
and any additional information provided concerning that religious
belief and the need for an accommodation to exercise that belief;
<bullet> The name/contact information of an individual's religious
or spiritual advisor;
<bullet> Description of the accommodation being requested;
<bullet> Description of previous requests for accommodation;
<bullet> Whether the request was made orally or in writing;
<bullet> Whether the request for reasonable accommodation was
granted or denied, and if denied, the reason for the denial;
<bullet> The amount of time taken to process the request;
<bullet> The sources of technical assistance consulted in trying to
identify a possible reasonable accommodation;
<bullet> Any reports or evaluations prepared in determining whether
to grant or deny the request;
<bullet> Any other information collected or developed in connection
with the request for a reasonable accommodation.
<bullet> Decision-Maker's name/signature and; Disability Program
Manager's name/signature.
RECORD SOURCE CATEGORIES:
The information in the system is obtained from the individuals who
request and/or receive a reasonable accommodation or other appropriate
modification from the NCUA, directly or indirectly from an individual's
medical provider or another medical professional who evaluates the
request, directly or indirectly from an individual's religious or
spiritual advisors or institutions, and from management officials.
Whenever practicable, the NCUA collects information about an individual
directly from that individual.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, these records or information contained
therein may specifically be disclosed outside the NCUA as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as follows:
1. To a Federal agency or entity authorized to procure assistive
technologies and services in response to a request for reasonable
accommodation.
2. To first aid and safety personnel if the individual's medical
condition requires emergency treatment.
3. To another Federal agency or oversight body charged with
evaluating NCUA's compliance with the laws, regulations, and policies
governing reasonable accommodation requests.
4. To another Federal agency pursuant to a written agreement with
NCUA to provide services (such as medical evaluations), when necessary,
in support of reasonable accommodation decisions.
5. If a record in a system of records indicates a violation or
potential violation of civil or criminal law or a regulation, and
whether arising by general statute or particular program statute, or by
regulation, rule, or order, the relevant records in the system or
records may be disclosed 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.
6. 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.
7. 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.
8. Records in a system of records may be disclosed as a routine use
to the Department of Justice, when: (a) NCUA, or any of its components
or employees acting in their official capacities, is a party to
litigation; or (b) Any employee of NCUA in his or her individual
capacity is a party to litigation and where the Department of Justice
has agreed to represent the employee; or (c) The United States is a
party in litigation,
[[Page 25680]]
where NCUA 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 NCUA determines that use of such records is
relevant and necessary to the litigation.
9. Records in a system of records may be disclosed as a routine use
in a proceeding before a court or adjudicative body before which NCUA
is authorized to appear (a) when NCUA or any of its components or
employees are acting in their official capacities; (b) where NCUA or
any employee of NCUA in his or her individual capacity has agreed to
represent the employee; or (c) where NCUA 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 NCUA determines
that use of such records is relevant and necessary to the litigation.
10. A record from a system of records may be disclosed to
contractors, experts, consultants, and the agents thereof, and others
performing or working on a contract, service, cooperative agreement, or
other assignment for NCUA when necessary to accomplish an agency
function or administer an employee benefit program.
11. To appropriate agencies, entities, and persons when (1) the
NCUA suspects or has confirmed that there has been a breach of the
system of records; (2) the NCUA has determined that as a result of the
suspected or confirmed breach there is a risk of harm to individuals,
the NCUA (including its information systems, programs, and operations),
the Federal Government, or national security; and (3) the disclosure
made to such agencies, entities, and persons is reasonably necessary to
assist in connection with the NCUA's efforts to respond to the
suspected or confirmed breach or to prevent, minimize, or remedy such
harm.
12. To another Federal agency or Federal entity, when the NCUA
determines that information from this system of records is reasonably
necessary to assist the recipient agency or entity in (1) responding to
a suspected or confirmed breach or (2) 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:
Electronic records and backups are stored on secure servers,
approved by NCUA's Office of the Chief Information Officer (OCIO),
within a FedRAMP-authorized commercial Cloud Service Provider's (CSP)
Software-as-a-Service solution hosting environment and accessed only by
authorized personnel.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by any of the following: Name, case
number, or email address.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained in accordance with GRS 2.3 and are destroyed
three years after separation from the agency or all appeals are
concluded, whichever is later, but longer retention is authorized if
requested for business use.
ADMINISTRATIVE, TECHNICAL AND PHYSICAL SAFEGUARDS:
NCUA and the Cloud Service Provider have implemented the
appropriate administrative, technical, and physical controls in
accordance with the Federal Information Security Modernization Act of
2014, Public Law 113-283, S. 2521, and NCUA's information security
policies to protect the confidentiality, integrity, and availability of
the information system and the information contained therein. Access is
limited only to individuals authorized through NIST-compliant Identity,
Credential, and Access Management policies and procedures. The records
are maintained behind a layered defensive posture consistent with all
applicable federal laws and regulations, including OMB Circular A-130
and NIST Special Publications 800-37.
RECORD ACCESS PROCEDURES:
Individuals wishing access to their records should submit a written
request to the Senior Agency Official for Privacy, NCUA, 1775 Duke
Street, Alexandria, VA 22314, and provide the following information:
1. Full name.
2. Any available information regarding the type of record involved.
3. The address to which the record information should be sent.
4. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf. Individuals requesting access
must also comply with NCUA's Privacy Act regulations regarding
verification of identity and access to records (12 CFR 792.55).
CONTESTING RECORD PROCEDURES:
Individuals wishing to request an amendment to their records should
submit a written request to the Senior Agency Official for Privacy,
NCUA, 1775 Duke Street, Alexandria, VA 22314, and provide the following
information:
1. Full name.
2. Any available information regarding the type of record involved.
3. A statement specifying the changes to be made in the records and
the justification therefore.
4. The address to which the response should be sent.
5. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
NOTIFICATION PROCEDURES:
Individuals wishing to learn whether this system of records
contains information about them should submit a written request to the
Senior Agency Official for Privacy, NCUA, 1775 Duke Street, Alexandria,
VA 22314, and provide the following information:
1. Full name.
2. Any available information regarding the type of record involved.
3. The address to which the record information should be sent.
4. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf. Individuals requesting access
must also comply with NCUA's Privacy Act regulations regarding
verification of identity and access to records (12 CFR 792.55).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
This is a new system.
[FR Doc. 2022-09338 Filed 4-29-22; 8:45 am]
BILLING CODE P
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</html>Indexed from Federal Register on May 2, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.