[Federal Register Volume 87, Number 84 (Monday, May 2, 2022)]
[Notices]
[Pages 25678-25680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> NCUA website: http://www.ncua.gov/RegulationsOpinionsLaws/proposed_regs/proposed_regs.html. 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]
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