[Federal Register Volume 87, Number 202 (Thursday, October 20, 2022)]
[Notices]
[Pages 63818-63820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22802]


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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 revised 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 proposal to revise an existing 
Privacy Act system of records. The revised system is the Examination 
and Supervision System (ESS), NCUA-22. The ESS will continue to be used 
for NCUA's statutorily mandated examination and supervision activities, 
including the coordination and conduct of examinations of credit 
unions, supervisory evaluations and analyses, enforcement actions and 
Federal court actions. NCUA may coordinate with other financial 
regulatory agencies on matters related to the safety and soundness of 
credit unions. This revised system will continue to track and store 
examination and supervision documents created during the performance of 
the NCUA's statutory duties including recordings of meetings between 
NCUA and credit unions.

DATES: Submit comments on or before November 21, 2022. This action will 
be effective without further notice on November 21, 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:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     NCUA website: http://www.ncua.gov/RegulationsOpinionsLaws/proposed_regs/proposed_regs.html. Follow the instructions for 
submitting comments.
     Fax: (703) 518-6319. Use the subject line described above 
for email.
     Mail: Address to Melane Conyers-Ausbrooks, Secretary of 
the Board, National Credit Union Administration, 1775 Duke Street, 
Alexandria, Virginia 22314-3428.
     Hand Delivery/Courier: Same as mail address.

FOR FURTHER INFORMATION CONTACT: Lisa Dolin, Business Innovation 
Officer, Office of Business Innovation, the National Credit Union 
Administration, 1775 Duke Street, Alexandria, Virginia 22314, or Linda 
Dent, Senior Agency Official for Privacy, Office of General Counsel, 
the National Credit Union Administration, 1775 Duke Street, Alexandria, 
Virginia 22314.

SUPPLEMENTARY INFORMATION: This notice informs the public of NCUA's 
proposal to revise an existing system of records. Specifically, the 
NCUA is proposing to add the recordings of meetings between individuals 
representing the NCUA and credit unions to the Categories of Records in 
the System section. This revision is being proposed to reflect current 
and/or anticipated changes to NCUA's exam procedures. The proposed 
revision to the system is being established under NCUA's authority in 
the Federal Credit Union Act, 12 U.S.C. 1751, et seq. The information 
collected in the NCUA-22 system of records continues to be used for 
NCUA's statutorily mandated examination and supervision activities, 
including the coordination and conduct of examinations of credit 
unions, supervisory evaluations and analyses, enforcement actions and 
Federal court actions.
    This notice of revision satisfies the Privacy Act requirement that 
an agency publish a system of records notice in the Federal Register 
when there is a significant change to the agency's systems of records. 
The format of NCUA-22 aligns with the guidance set forth in OMB 
Circular A-108. NCUA-22 is published in full below. All of the NCUA's 
SORNs are available at www.ncua.gov.

    By the National Credit Union Administration Board.
Melane Conyers-Ausbrooks,
Secretary of the Board.

SYSTEM NAME AND NUMBER:
    Examination and Supervision System (ESS)--NCUA-22

SECURITY CLASSIFICATION:
    Unclassified.

[[Page 63819]]

SYSTEM LOCATION:
    The system is operated and maintained in part by NCUA staff, and in 
part by third-party vendors. Please contact the system managers (below) 
for more information.

SYSTEM MANAGER(S):
    Director of the Office of Business Innovation and the Director of 
the Office of Examination and Insurance, National Credit Union 
Administration, 1775 Duke Street, Alexandria, Virginia 22314-3428.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    12 U.S.C. 1751, et seq.

PURPOSE(S) OF THE SYSTEM:
    This system of records is maintained for the purpose of carrying 
out the NCUA's statutorily mandated examination and supervision 
activities, including the coordination and conduct of examinations, 
supervisory evaluations and analyses, enforcement actions and actions 
in Federal court. NCUA may coordinate with other financial regulatory 
agencies on matters related to the safety and soundness of credit 
unions. The information collected in this system also supports the 
conduct of investigations or other supervisory or legal actions by the 
NCUA or other supervisory or law enforcement agencies. This may result 
in criminal referrals, referrals to Offices of Inspectors General, or 
the initiation of administrative or Federal court actions. This system 
continues to track and store examination and supervision documents 
created during the performance of the NCUA's statutory duties. The 
information also is used for administrative purposes such as quality 
control, performance metrics, and improvements to examination and 
supervision processes.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals covered by this system are (1) Current and former 
directors, officers, employees, and agents of credit unions; (2) 
Current and former members who are or have been serviced by credit 
unions; (3) Current and former credit union service organization 
representatives; (4) Other individuals engaged in business with the 
NCUA for a specific purpose (such as outside counsel); and (5) NCUA 
employees and contractors, and (6) State Supervisory Authority staff.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records in the system may contain (1) Contact information about 
credit union officials (such as members of the Board of Directors, 
Audit Committee Chair, Chief Executive Officer, Chief Compliance 
Officer, Internal Auditor, and Independent Auditor), such as name, 
address, phone number, and email address; (2) Demographic and financial 
information about individual credit union members, such as name, 
address, Social Security number, account information, loan and share 
information, and publicly available information; (3) Information about 
NCUA employees assigned to credit union examination and supervision 
tasks, such as name, work phone number, work email address, and other 
employment information; (4) User information, such as name, email 
address, and role about other users of the system (such as contractors, 
credit union representatives, State Supervisory Authority staff, and 
Credit Union Service Organization representatives (CUSOs) and; (5) 
recordings of meetings between individuals representing the NCUA and 
credit unions.

RECORD SOURCE CATEGORIES:
    The information in the system about credit union officials and 
individual credit union members is generally provided by credit unions 
and CUSOs. NCUA employees and contractors, and State Supervisory 
Authorities may add additional information to the system as part of 
their assigned supervision and examination activities (including 
analytics/business intelligence activities). Some of the information 
may be from third parties with relevant information about covered 
persons or service providers, or existing databases maintained by other 
Federal and state regulatory associations, law enforcement agencies, 
and related entities. 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 NCUA as a routine use 
pursuant to 5 U.S.C. 552a(b)(3) as follows:
    1. NCUA's Standard Routine Uses apply to this system of records.
    2. To a financial institution affected by enforcement activities or 
reported criminal activities;
    3. To the Internal Revenue Service and appropriate State and local 
taxing authorities;
    4. To another federal or state agency to: (a) permit a decision as 
to access, amendment or correction of records to be made in 
consultation with or by that agency, or (b) verify the identity of an 
individual or the accuracy of information submitted by an individual 
who has requested access to or amendment or correction of records;
    5. To a grand jury pursuant either to a federal or state grand jury 
subpoena, or to a prosecution request that such record be released for 
the purpose of its introduction to a grand jury, where the subpoena or 
request has been specifically approved by a court;
    6. To a court, magistrate, or administrative tribunal in the course 
of an administrative proceeding or judicial proceeding, including 
disclosures to opposing counsel or witnesses (including expert 
witnesses) in the course of discovery or other pre-hearing exchanges of 
information, litigation, or settlement negotiations, where relevant or 
potentially relevant to a proceeding related to the NCUA's mission of 
providing a safe and sound credit union system.
    7. To appropriate agencies, entities, and persons, including but 
not limited to potential expert witnesses, witnesses, or translators, 
in the course of supervision or enforcement related investigation;
    8. To appropriate federal, state, local, foreign, tribal, or self-
regulatory organizations or agencies responsible for investigating, 
prosecuting, enforcing, implementing, issuing, or carrying out a 
statute, rule, regulation, order, policy, or license if the information 
may be relevant to a potential violation of civil or criminal law, 
rule, regulation, order, policy, or license; and
    9. To an entity or person that is the subject of supervision or 
enforcement activities including examinations, investigations, 
administrative proceedings, and litigation, and the attorney or non-
attorney representative for that entity or person.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Electronic records and backups are stored on dedicated secure 
servers, approved by NCUA's Office of the Chief Information Officer 
(OCIO), within a FedRAMP-authorized commercial Cloud Service Provider's 
(CSP) Infrastructure as a Service (IaaS) hosting environment and 
accessed only by authorized personnel. No paper files are maintained.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records pertaining to individual credit union members are not 
generally retrieved outside of a scheduled examination or supervision 
contact.

[[Page 63820]]

However, such records can be retrieved by credit union name, charter 
number, credit union member's name or other record in the system. The 
system includes advanced search features that function essentially as a 
full-text search tool.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are maintained in accordance with the General Records 
Retention Schedules issued by the National Archives and Records 
Administration (NARA) or a NCUA records disposition schedule approved 
by NARA. Records existing on computer storage media are destroyed 
according to the applicable NIST-compliant media sanitization policy.

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, Pub.L. 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 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 and 800-53.

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:
    Federal criminal law enforcement investigatory reports maintained 
as part of this system may be the subject of exemptions imposed by the 
originating agency pursuant to 5 U.S.C. 552a(j)(2).

HISTORY:
    84 FR 11331.
[FR Doc. 2022-22802 Filed 10-19-22; 8:45 am]
BILLING CODE 7535-01-P