[Federal Register Volume 86, Number 205 (Wednesday, October 27, 2021)]
[Notices]
[Pages 59387-59389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23409]


=======================================================================
-----------------------------------------------------------------------

FEDERAL MEDIATION AND CONCILIATION SERVICE


Privacy Act of 1974; System of Records

AGENCY: Federal Mediation and Conciliation Service.

ACTION: Notice of a new system of records.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Privacy Act of 1974, the Federal 
Mediation and Conciliation Service (FMCS) proposes to create a system 
of records notice, titled FMCS-0006. The system will cover the 
Executive Branch Confidential Financial Disclosure Reports, and agency 
ethics guidance to employees.

DATES: This notice will be effective without further notice on November 
26, 2021 unless otherwise revised pursuant to comments received. New 
routine uses will be effective on November 26, 2021. Comments must be 
received on or before November 26, 2021.

ADDRESSES: You may send comments, identified by FMCS-0006 by any of the 
following methods:
     Mail: Office of General Counsel, 250 E Street SW, 
Washington, DC 20427.
     Email: [email protected]. Include FMCS-0006 on the subject line 
of the message.
     Fax: (202) 606-5444.

FOR FURTHER INFORMATION CONTACT: Sarah Cudahy, Designated Agency Ethics 
Official and Deputy General Counsel, at [email protected] or 202-606-
8090.

SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974, 
5 U.S.C. 552(a), this document provides public notice that FMCS is 
creating a new system of records.

SYSTEM NAME AND NUMBER:
    FMCS-0006 Ethics Records.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Federal Mediation and Conciliation Service, Office of General 
Counsel (OGC), 250 E Street SW, Washington, DC 20427.

SYSTEM MANAGER(S):
    Sarah Cudahy, Designated Agency Ethics Official and Deputy General 
Counsel, email [email protected], or send mail to Federal Mediation and 
Conciliation Service, Office of General Counsel (OGC), 250 E Street 
Southwest, Washington, DC 20427, Attn: Sarah Cudahy.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. app. (Ethics in Government Act of 1978); E.O. 12674 (as 
modified by E.O. 12731); 5 CFR part 2634.

PURPOSE(S) OF THE SYSTEM:
    These records are collected and maintained to meet the requirements 
of Executive Order 12674, as modified, 5 CFR part 2634, and subsequent 
agency regulations, as well as section 107 of the Ethics in Government 
Act of 1978, as amended, concerning the filing of confidential 
financial disclosure reports. Confidential financial disclosure reports 
are required to assure compliance with ethics laws and regulations, and 
to determine if an actual or apparent conflict of interest or 
impartiality issue exists between the employment of individuals by the 
Federal Government and their outside employment financial interests.

[[Page 59388]]

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Officers and employees in the executive branch whose positions have 
been designated as confidential financial disclosure filing positions 
or alternative financial disclosure filers in accordance with 5 CFR 
2634.904 and 5 U.S.C. app. 107. In addition, all executive branch 
special Government Employees (SGE) as defined in 18 U.S.C. 202(a) and 5 
CFR 2634.105(s) are required to file unless they are required to file 
public financial disclosure reports, or their positions have been 
excluded from filing. The system of records includes both current and 
former Federal employees in these categories.

CATEGORIES OF RECORDS IN THE SYSTEM:
    These records contain statements and amended statements of personal 
and family holdings and other interests in property, income, gifts, 
reimbursements, liabilities, agreements, arrangements, outside 
positions, retirement products, pensions, and other information related 
to conflict-of-interest determinations. These statements include 
completed copies of the Office of General Ethics (OGE) Form 450 and 
alternate 450 forms and supplemental agency ethics documents.

RECORD SOURCE CATEGORIES:
    Information in this system of records is provided by:
    1. The Federal employee or a designated person such as a trustee, 
accountant, banker or relative.
    2. Federal officials who review the statements to make conflict-of-
interest determinations.
    3. Persons alleging conflicts of interest or other violations of 
ethics laws and persons contacted during any investigation of the 
allegations.
    4. FMCS clients who complete notice documents in the waiver 
process.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    These confidential records and information contained therein may be 
used:
    (a) To disclose pertinent information to the appropriate Federal, 
State, or local agency responsible for investigating, prosecuting, 
enforcing, or implementing a statute, rule regulation or order where 
the disclosing agency becomes aware of an indication of a violation or 
potential violation of civil or criminal laws or regulations.
    (b) To disclose information to any source when necessary to obtain 
information relevant to a conflict-of-interest investigation or 
determination.
    (c) To disclose information to the National Archives and Records 
Administration (NARA) or the General Services Administration in records 
management inspections conducted under authority of 44 U.S.C. 2904 and 
2906.
    (d) To disclose information to the Office of Management and Budget 
at any stage in the legislative coordination and clearance process in 
connection with private relief legislation as set forth in OMB Circular 
No. A-19.
    (e) To disclose information when the disclosing agency determines 
that the records are relevant to a proceeding before a court, grand 
jury, or administrative or adjudicative body when the adjudicator 
determines the records to be relevant to the proceeding.
    (f) To disclose the confidential financial disclosure report or 
certificate of no new interest and any accompanying documents to 
reviewing officials in a new office, department or agency when an 
employee transfers or is detailed from a covered position in one 
office, department or agency to a covered position in another office, 
department, or agency.
    (g) To disclose information to a Member of Congress or a 
congressional office in response to an inquiry made on behalf of, and 
at the request of, an individual who is the subject of the record.
    (h) To disclose information to contractors, grantees, experts, 
consultants, detailees, and other non-Government employees performing 
or working on a contract, service, or other assignment for the Federal 
Government when necessary to accompany an agency function related to 
this system of records.
    (i) To disclose the existence of a potential or actual impartiality 
concern to an Agency party or client to resolve a concern under 5 CFR 
2635.502.
    (j) To disclose information to appropriate agencies, entities, and 
persons when: (1) The agency maintaining the records suspects or has 
confirmed that there has been a breach of the system of records; (2) 
the agency maintaining the records has determined that as a result of 
the suspected or confirmed breach there is a risk of harm to 
individuals, the agency (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 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:
    These records are maintained in paper and electronic form in 
locations only accessible to authorized personnel.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    These records are retrieved by the name or other programmatic 
identifier assigned to an individual.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    In accordance with the NARA's General Records Schedule (GRS) 2.8 
Employee Ethics Records, these records are retained for six years after 
filing, except when filed by or with respect to a nominee and the 
nominee ceases to be under consideration for the position. If any 
records are needed in an ongoing investigation, they will be retained 
for the duration of the investigation. Records are destroyed by 
shredding or deleting.

ADMINSTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records are located in a locked file storage area or stored 
electronically in locations requiring agency network access via 
username and password. FMCS buildings are guarded and monitored by 
security personnel, cameras, ID checks, and other physical security 
measures.

RECORD ACCESS PROCEDURES:
    Individuals wishing to request access to their records should 
contact the Office of General Counsel (OGC). Individuals must provide 
the following information for their records to be located and 
identified: (1) Full name, (2) Dates of employment, and (3) A specific 
description of the record content requested. Individuals requesting 
access to records maintained at the Office of Government Ethics (OGE) 
must also follow OGE's Privacy Act regulations regarding verification 
of identity and access to records (5 CFR part 2606).

CONTESTING RECORDS PROCEDURES:
    Records are updated on a periodic basis; most record corrections 
can be handled through established administrative procedures. Contact 
the Office of General Counsel (OGC) for contesting records under the 
provisions of the Privacy Act.

[[Page 59389]]

NOTIFICATION PROCEDURES:
    See 29 CFR 1410.3(a), Individual access requests.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

    Dated: October 22, 2021.
Sarah Cudahy,
General Counsel.
[FR Doc. 2021-23409 Filed 10-26-21; 8:45 am]
BILLING CODE 6732-01-P