[Federal Register Volume 88, Number 141 (Tuesday, July 25, 2023)]
[Notices]
[Pages 47920-47922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15737]


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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 Privacy Act system of 
records. The new system is NCUA-29, Non-Payroll Employee Administrative 
Records. The Non-Payroll Employee Administrative Records System will 
collect information used for non-payroll personnel actions and human 
resources administrative purposes, including administering supplemental 
benefits, employee assistance programs, and work-life programs.

DATES: Submit comments on or before August 24, 2023. This system will 
be effective immediately, and routine uses will be effective on August 
24, 2023.

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: Jennifer Harrison, Attorney-Advisor, 
Office of General Counsel, (703) 518-6540.

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 proposed system of records 
will be used to collect and maintain information used for non-payroll 
personnel actions and for human resources administrative purposes, 
including administering supplemental benefits, employee assistance 
programs, and work-life programs. These may include, but are not 
limited to retirement, health examination programs, classes and 
wellness seminars, student loan repayment, flexible spending, as well 
as other similar benefits not otherwise covered as part of the general 
personnel and administrative records covered by the government-wide 
system of records notice published by the Office of Personnel 
Management in OPM/GOVT-1 or those records covered under NCUA-3, Payroll 
Records System.
    The format of NCUA-29 aligns with the guidance set forth in Office 
of Management and Budget (OMB) Circular A-108.

    By the National Credit Union Administration Board.
    Dated: July 20, 2023.
Melane Conyers-Ausbrooks,
Secretary of the Board.

SYSTEM NAME AND NUMBER:
    Non-Payroll Employee Administrative Records, NCUA-29.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    National Credit Union Administration, 1775 Duke Street, Alexandria, 
VA 22314-3428.

SYSTEM MANAGER(S):
    Director, Office of Human Resources, National Credit Union 
Administration, 1775 Duke Street, Alexandria, Virginia 22314-3428.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    12 U.S.C. 1766.

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to collect and maintain information 
used for non-payroll personnel actions and for human resources 
administrative purposes, including administering supplemental benefits, 
employee assistance programs, and work-life programs.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    To the extent not covered by any other system, this system covers 
current and former NCUA employees, dependents, and beneficiaries who 
are enrolled in, apply for, or participate in one or more of NCUA 
employee benefit programs.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records in the system include Individual name, Social Security 
number (SSN), employee ID number, Taxpayer Identification Number (TIN), 
or similar. Records may also include home and work contact information, 
including address, telephone number, and email address; information 
related to an employee's participation in supplemental retirement, 
health, and benefit programs, including salary information, 
contribution amount(s), dependents and beneficiary names, addresses, 
relationship, and Social Security number(s); information about student 
loans related to the student loan repayment benefit, including type of 
loan, loan account number, loan holder name and address, total loan 
amount and amount outstanding; and service agreement information; and 
receipts and similar documentation provided as evidence of expenditures 
for reimbursement through supplemental benefits, employee assistance 
and work-life programs.

RECORD SOURCE CATEGORIES:
    The information in this system is obtained from current and former 
NCUA employees and from entities associated with benefits and work-life 
programs including retirement, human resources functions, accounting, 
and payroll systems administration.

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. A record from a system of records may be disclosed as a routine 
use to carriers, providers, and other Federal agencies involved in the 
administration of employee benefit programs and such agencies' 
contractors or plan administrators, when necessary to determine 
employee eligibility to participate in such programs, process employee 
participation in such programs, audit benefits paid under such 
programs, or perform any administrative function in connection with 
those programs;
    2. A record from a system of records may be disclosed as a routine 
use to Federal, state, and local taxation authorities concerning 
compensation to employees or to contractors; to the Office of Personnel 
Management, Department of the Treasury, Department of Labor, and other 
Federal agencies

[[Page 47921]]

concerning pay, benefits, and retirement of employees; to financial 
organizations concerning employee allotments to accounts; and to heirs, 
executors, and legal representatives of beneficiaries;
    3. 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;
    4. 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;
    5. 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;
    6. 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;
    7. 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 subject to the same 
Privacy Act requirements and limitations on disclosure as are 
applicable to NCUA employees;
    8. 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
    9. 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 are retrievable by a variety of fields including, but not 
limited to, individual name, SSN, employee ID, or some combination 
thereof.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are maintained and disposed 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 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 Circular A-
130 and NIST Special Publication 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

[[Page 47922]]

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. 2023-15737 Filed 7-24-23; 8:45 am]
BILLING CODE 7535-01-P