Notice2023-12246
Privacy Act of 1974; System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 8, 2023
Effective
July 10, 2023
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 system is NCUA-28, Anti-Harassment Case Tracking and Records. This system will maintain information collected for the purpose of conducting internal investigations into allegations of harassment brought by NCUA employees and NCUA contractors and taking appropriate action(s). Information is collected directly from the individual with their consent.
Full Text
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<title>Federal Register, Volume 88 Issue 110 (Thursday, June 8, 2023)</title>
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[Federal Register Volume 88, Number 110 (Thursday, June 8, 2023)]
[Notices]
[Pages 37584-37586]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12246]
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NATIONAL CREDIT UNION ADMINISTRATION
Privacy Act of 1974; System 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 system is NCUA-28, Anti-Harassment Case Tracking
and Records. This system will maintain information collected for the
purpose of conducting internal investigations into allegations of
harassment brought by NCUA employees and NCUA contractors and taking
appropriate action(s). Information is collected directly from the
individual with their consent.
DATES: Submit comments on or before July 10, 2023. This system will be
effective immediately, and routine uses will be effective on July 10,
2023.
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="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the instructions for submitting comments.
<bullet> Fax: (703) 518-6319. Include ``[Your Name]--Comments on
New System of Records, NCUA-28'' in the transmittal.
<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: Elizabeth Fischmann, Chief Ethics
Counsel, Donald Names, Anti-Harassment Coordinator, Office of Ethics
Counsel, or Linda Dent, Senior Agency Official for Privacy, the
National Credit Union Administration, 1775 Duke Street, Alexandria,
Virginia, 22314.
SUPPLEMENTARY INFORMATION: Pursuant to the Privacy Act, 5 U.S.C. 552a,
the NCUA is establishing a new system of records, NCUA-28, Anti-
Harassment
[[Page 37585]]
Case Tracking and Records. This new system will support the prevention
of and investigations into alleged harassment in the NCUA workspace.
The NCUA is committed to equal employment opportunity and a workplace
free of unlawful discriminatory harassment or any other category of
harassment.
The format of NCUA-28 aligns with the guidance set forth in Office
of Management and Budget (OMB) Circular A-108.
By the National Credit Union Administration Board.
Melane Conyers-Ausbrooks,
Secretary of the Board.
SYSTEM NAME AND NUMBER:
Anti-Harassment Case Tracking and Records, NCUA-28.
SECURITY CLASSIFICATION
Unclassified.
SYSTEM LOCATION:
National Credit Union Administration, 1775 Duke Street, Alexandria,
Virginia 22314-3428.
SYSTEM MANAGER:
Anti-Harassment Coordinator, Office of Ethics Counsel, National
Credit Union Administration, 1775 Duke Street, Alexandria, VA 22314-
3428.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
12 U.S.C. 1751, et seq.; Title VII of the Civil Rights Act of 1964,
42 U.S.C. 2000e, et seq.; Age Discrimination in Employment Act of 1967,
29 U.S.C. 621, et seq.; Americans with Disabilities Act, 42 U.S.C.
12101, et seq., including ADA Amendments Act of 2008; Rehabilitation
Act of 1973 (Section 501), 29 U.S.C. 791; Notification and Federal
Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act),
Public Law 107-174; Genetic Information Nondiscrimination Act of 2008
(GINA), Public Law 110-233; Executive Order 13087; Executive Order
13152; and further amendments to Executive Order 11478, Executive Order
11246, and EEOC Enforcement Guidance: Vicarious Employer Liability for
Unlawful Harassment by Supervisors, Notice 915.002, V.C.1 (June 18,
1999).
PURPOSE(S) OF THE SYSTEM:
The information in the system is collected to assist the NCUA with
conducting internal investigations into allegations of harassment
brought by NCUA employees and NCUA contractors and taking appropriate
action(s) to address such allegations.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
NCUA employees and NCUA contractors who have submitted complaints
or reports of harassment or who have provided information related to an
investigation of workplace harassment and NCUA employees and
contractors who have been accused of harassment.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in the system include complaints of harassment, statements
of witnesses, reports of investigation, investigator's and Chief Ethics
Officer's findings and recommendations, final decisions and corrective
action taken, and related correspondence and exhibits. These records
include names of the alleged victim, harasser and witnesses, their
contact information, and the specific circumstances relevant to the
harassment.
RECORD SOURCE CATEGORIES:
The information in this system is collected directly from
individuals.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside the NCUA
as a routine use as follows:
1. To disclose information as necessary to any source from which
additional information is requested in the course of processing a
complaint or report of harassment.
2. To provide to the alleged harasser information in the event of a
disciplinary hearing.
3. 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.
4. 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.
5. 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;
6. 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, 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, provided,
however, that in each case, NCUA 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.
7. 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;
8. A record from a system of records may be disclosed as a routine
use 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. Individuals
provided information under this routine use are
[[Page 37586]]
subject to the same Privacy Act requirements and limitations on
disclosure as are applicable to NCUA employees;
9. A record from a system of records may be disclosed to
appropriate agencies, entities, and persons when: (1) NCUA suspects or
has confirmed that the security or confidentiality of information in
the system of records has been compromised; (2) NCUA has determined
that as a result of the suspected or confirmed compromise there is a
risk of harm to economic or property interests, identity theft or
fraud, or harm to the security or integrity of this system or other
systems or programs (whether maintained by NCUA or another agency or
entity) that rely upon the compromised information; and (3) the
disclosure made to such agencies, entities, and persons is reasonably
necessary to assist in connection with NCUA's efforts to respond to the
suspected or confirmed compromise and prevent, minimize, or remedy such
harm; and
10. 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 the NCUA's Office of the Chief Information Officer (OCIO),
and accessed only by authorized personnel.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by any of the following: name of the
individual who files a complaint or report of harassment, name of the
alleged victim of harassment, if any, and name of the alleged harasser.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained and disposed of in accordance with the
General Records Retention Schedules issued by the National Archives and
Records Administration (NARA) or an NCUA records disposition schedule
approved by NARA.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
NCUA has 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 the 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 Office of Management and Budget (OMB)
Circular A-130 and NIST Special Publication 800-37.
RECORD ACCESS PROCEDURES:
After an individual receives verification that they have a record
in the system, per the notification procedure above, if they wish to
access to their records, they 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 the 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 the NCUA's Privacy Act regulations regarding
verification of identity and access to records (12 CFR 792.55).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
This system is exempt under 5 U.S.C. 552a(k)(2) from subsections
(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I) and (f) of the
Act.
HISTORY:
This is a new system.
[FR Doc. 2023-12246 Filed 6-7-23; 8:45 am]
BILLING CODE P
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</html>Indexed from Federal Register on June 8, 2023.
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.