[Federal Register Volume 86, Number 223 (Tuesday, November 23, 2021)]
[Notices]
[Pages 66551-66554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25488]


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FEDERAL MEDIATION AND CONCILIATION SERVICE


Privacy Act of 1974; System of Records

AGENCY: Federal Mediation and Conciliation Service.

ACTION: Notice of a modified system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Federal 
Mediation and Conciliation Service (FMCS) proposes to amend and reissue 
a current system of records notice, titled FMCS-0005, Religious 
Accommodation System, with a change in title to Reasonable 
Accommodation System. The system will include information that FMCS 
collects and maintains for applicants for employment and federal 
employees who request and/or receive reasonable accommodations for 
medical or religious reasons. The notice amendment adds medical 
accommodations. It also includes administrative updates to refine 
details published under the summary, supplementary information, system 
name, authority for maintenance of the system, purpose of the system, 
categories of individuals covered by the system, categories of records 
in the system, record source categories, routine uses, policies and 
practices for storage of records, administrative safeguards, and record 
access procedures. These sections are amended to refine previously 
published information about the system of records. The addresses, for 
further information contact, system number, security classification, 
system location, system managers, policies and practices for retrieval 
of records, policies and practices for retention and disposal of 
records, contesting records, and notification procedures remain 
unchanged. This amended SORN deletes and supersedes the SORN published 
in Federal Register on October 27, 2021.

DATES: This system of records will be effective without further notice 
on December 23, 2021 unless otherwise revised pursuant to comments 
received. New routine uses will be effective on December 23, 2021. 
Comments must be received on or before December 23, 2021.

ADDRESSES: You may send comments, identified by FMCS-0005 by any of the 
following methods:
     Mail: Office of General Counsel, 250 E Street SW, 
Washington, DC 20427.
     Email: [email protected]. Include FMCS-0005 on the subject line 
of the message.
     Fax: (202) 606-5444.

FOR FURTHER INFORMATION CONTACT: Doug Jones, Director of Information 
Technology, at [email protected] or 202-606-5483.

SUPPLEMENTARY INFORMATION: The notice amendment adds medical 
accommodations. It also includes administrative updates to refine 
details published under the summary, supplementary information, system 
name, authority for maintenance of the system, purpose of the system, 
categories of individuals covered by the system, categories of records 
in the system, record source categories, routine uses, policies and 
practices for storage of records, administrative safeguards, and record 
access procedures. These sections are amended to refine previously 
published information about the system of records. The addresses, for

[[Page 66552]]

further information contact, system number, security classification, 
system location, system managers, policies and practices for retrieval 
of records, policies and practices for retention and disposal of 
records, contesting records, and notification procedures remain 
unchanged.
    In accordance with the Privacy Act of 1974, 5 U.S.C. 552(a), this 
system is needed for collecting, storing, and maintaining records on 
applicants for employment, employees, and other individuals who 
participate in FMCS programs or activities who request or receive 
reasonable accommodations from FMCS for religious or medical reasons.
    Title V of the Rehabilitation Act of 1973, as amended, prohibits 
discrimination in services and employment based on disability, and 
Title VII of the Civil Rights Act of 1974 prohibits discrimination, 
including based on religion. These prohibitions on discrimination 
require Federal agencies to provide reasonable accommodations to 
individuals with disabilities and those with sincerely held religious 
beliefs 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, such as a temporary medical 
condition, but may necessitate an appropriate modification to workplace 
policies and practices. FMCS may address those requests pursuant to the 
general authority of the Director contained in Title 29 of the United 
States Code.
    Reasonable accommodations may include, but are not limited to: 
Making existing facilities readily accessible to individuals with 
disabilities; restructuring jobs, modifying work schedules or places of 
work, and providing flexible scheduling for medical appointments or 
religious observance; acquiring or modifying equipment or examinations 
or training materials; providing qualified readers and interpreters, 
personal assistants, service animals; granting permission to wear 
religious dress, hairstyles, or facial hair or to observe a religious 
prohibition against wearing certain garments; considering requests for 
medical and religious exemptions to specific workplace requirements; 
and making other modifications to workplace policies and practices.
    FMCS processes requests for reasonable accommodations from 
employees and applicants for employment, respectively, who require an 
accommodation due to a medical or religious reason; and processes 
requests based on documented medical reasons that may not qualify as a 
disability but that necessitate an appropriate modification to 
workplace policies and practices. The request, documentation provided 
in support of the request, any evaluation conducted internally, or by a 
third party under contract to FMCS, the decision regarding whether to 
grant or deny a request, and the details and conditions of the 
reasonable accommodation are all included in this system of records.

SYSTEM NAME AND NUMBER:
    FMCS-0005 Reasonable Accommodation System.

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):
    Angie Titcombe, Director of Human Resources, and Natalie Samuels, 
Benefits and Retirement Specialist. Doug Jones, Director of Information 
Technology, will not access content in the internal folder, will only 
troubleshoot any technical issues regarding electronic files. Send mail 
to Federal Mediation and Conciliation Service, 250 E Street Southwest, 
Washington, DC 20427.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    29 U.S.C. 172, et seq.; Title VII of the Civil Rights Act of 1964, 
42 U.S.C. 2000e, et seq.; 42 U.S.C. 12101; The Rehabilitation Act of 
1973, 29 U.S.C. 701, 791, 794; E.O. 13164, as amended by E.O. 13478; 
E.O. 13548; E.O. 14043; 29 CFR part 1605; 29 CFR part 1614; 29 CFR part 
1615; 29 CFR part 1630.

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to provide a system for collecting, 
processing, and maintaining religious and medical accommodation 
requests on applicants for employment, employees, and other individuals 
who participate in FMCS programs or activities who request or receive 
reasonable accommodations or other appropriate modifications from FMCS 
for medical or religious reasons; to process, evaluate, and make 
decisions on individual requests; details of request, including final 
determinations, and any supporting documentation; and to track and 
report the processing of such requests in FMCS to comply with 
applicable requirements in law and policy.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The categories of individuals covered in the system of records 
includes both current and former Federal employees who have requested 
religious and medical accommodations, applicants for employment, and 
other individuals who participate in FMCS programs or activities who 
request or receive reasonable accommodations or other appropriate 
modifications from FMCS for medical or religious reasons.

CATEGORIES OF RECORDS IN THE SYSTEM:
    These records contain the following:
     Requester's name;
     Requester's status (applicant or employee);
     Requester's contact information (addresses, phone numbers, 
and email addresses);
     Date of the request;
     Employee's position title, grade, series, step;
     Description of religious belief and how it will impact the 
ability to comply with agency requirements and perform official duties;
     Description of the medical condition or disability and any 
medical documentation provided in support of the request;
     Supplemental medical records or medical certification 
documents in support of the request or determination;
     Description of the accommodation being requested;
     Description of previous requests for accommodation;
     Whether the request was granted or denied, and if denied 
the reason for the denial;
     Documentation of how the request was made;
     Documentation of any extenuating circumstances that 
prevent FMCS from meeting relevant timeframes;
     The sources of technical assistance consulted in trying to 
identify a possible reasonable accommodation;
     Any reports or evaluations prepared in determining whether 
to grant or deny the request; and
     Any other information collected or developed in connection 
with the request for a reasonable accommodation.

RECORD SOURCE CATEGORIES:
    Information in this system of records is provided by:
    1. The Federal employee, applicant, or other individual submitting 
an accommodation form.
    2. FMCS Human Resources officials who provide confirmation approval 
or denial of requests.

[[Page 66553]]

    3. Supervisors who provide information regarding how the requests 
would impact agency operations.
    4. Medical providers or professionals who evaluate the request or 
who provide supplemental or supporting documentation.
    5. Religious or spiritual advisors or institutions who evaluate the 
request or who provide supplemental or supporting documentation.
    Additional record source categories could include documents 
pertaining to the employee's religion and religious practices, and 
medical requests.

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 to authorized 
entities, as is determined to be relevant and necessary, outside the 
FMCS as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    (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 
FMCS becomes aware of an indication of a violation or potential 
violation of civil or criminal laws or regulations.
    (b) To disclose information to the National Archives and Records 
Administration (NARA) for use in its records management inspections; to 
the Government Accountability Office (GAO) for oversight purposes; to 
the Department of Justice (DOJ) to obtain that department's advice 
regarding disclosure obligations under the Freedom of Information Act 
(FOIA); or to the Office of Management and Budget (OMB) to obtain that 
office's advice regarding obligations under the Privacy Act.
    (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 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.
    (e) To officials of labor organizations recognized under 5 U.S.C. 
Chapter 71 upon receipt of a formal request and in accordance with the 
conditions of 5 U.S.C. 7114 when relevant and necessary to their duties 
of exclusive representation concerning personnel policies, practices, 
and matters affecting working conditions.
    (f) 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.
    (g) To disclose information when FMCS 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.
    (h) To disclose information to another Federal agency, to a court, 
or to a party in litigation before a court or in an administrative 
proceeding being conducted by a Federal agency when the Government is a 
party to the judicial or administrative proceeding. Such disclosure is 
permitted only when it is relevant and necessary to the litigation or 
proceeding.
    (i) To any agency, organization, or person for the purposes of 
performing audit or oversight operations related to the operation of 
this system of records as authorized by law, but only information 
necessary and relevant to such audit or oversight function.
    (j) To disclose information to a spiritual leader, religious 
scholar, medical professional, or medical provider when necessary to 
obtain information relevant to the request.
    (k) To another Federal agency, including but not limited to the 
Equal Employment Opportunity Commission and the Office of Special 
Counsel to obtain advice regarding statutory, regulatory, policy, and 
other requirements related to reasonable accommodation.
    (l) To an authorized appeal grievance examiner, formal complaints 
examiner, administrative judge, equal employment opportunity 
investigator, arbitrator, or other duly authorized official engages in 
investigation or settlement of a grievance, complaint, or appeal filed 
by an individual who requested a reasonable accommodation or other 
appropriate modification.
    (m) To a Federal agency, FMCS personnel, or entity authorized to 
procure assistive technologies and services in response to a request 
for reasonable accommodation.
    (n) To FMCS clients needing to accommodate FMCS employees 
performing official duties.
    (o) To first aid and safety personnel if the individual's medical 
condition requires emergency treatment.
    (p) To another Federal agency pursuant to a written agreement with 
FMCS to provide services (such as medical evaluations), when necessary, 
in support of reasonable accommodation decisions.
    (q) To appropriate agencies, entities, and persons when (1) FMCS 
suspects or has confirmed that there has been a breach of the system of 
records, (2) FMCS has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, FMCS 
(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 FMCS's efforts to respond to the suspected or 
confirmed breach or to prevent, minimize, or remedy such harm.
    (r) To another Federal agency or Federal entity, when FMCS 
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:
    These records are maintained in hard copy and electronic form in 
locations only accessible to authorized personnel. Electronic records 
are stored on the agency's internal servers with restricted access to 
authorized Human Resources staff and designated deciding officials as 
determined by agency policy. Hard copy records are stored in a locked 
cabinet accessible to authorized Human Resources staff and designated 
deciding officials as determined by agency policy.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    These records are retrieved by the name or other programmatic 
identifier assigned to an individual in the electronic database and 
paper filing system.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    All records are retained and disposed of in accordance with General 
Records Schedule 2.3, issued by the National

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Archives and Records Administration. Records are updated as needed, 
retained for three years after separation and/or for the entirety of 
the employee's active employment, and destroyed by shredding or 
deleting.

ADMINSTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records are located in a locked file storage area or stored 
electronically in locations only accessible to authorized personnel 
requiring agency security credentials. Access is restricted, and 
accessible to limited Human Resources officials, and/or individuals in 
a need-to-know capacity. FMCS buildings are guarded and monitored by 
security personnel, cameras, ID checks, and other physical security 
measures.

RECORD ACCESS PROCEDURES:
    If an employee would like access to their Religious or Medical 
Accommodation Form, please send a request with the specific information 
needed to the resource mailbox at [email protected]. A copy of 
the requested information will be provided via email in an encrypted 
file.

CONTESTING RECORDS PROCEDURES:
    See 29 CFR 1410.6, Requests for correction or amendment of records, 
on how to contest the content of any records. Privacy Act requests to 
amend or correct records may be submitted to the Privacy Office at 
[email protected], FMCS 250 E Street SW, Washington, DC 20427. Also, see 
https://www.fmcs.gov/privacy-policy/.

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

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    This amended SORN deletes and supersedes the SORN published in 
Federal Register on October 27, 2021, at 86 FR 59389.

    Dated: November 17, 2021.
Sarah Cudahy,
General Counsel.
[FR Doc. 2021-25488 Filed 11-22-21; 8:45 am]
BILLING CODE 6732-01-P