[Federal Register Volume 87, Number 11 (Tuesday, January 18, 2022)]
[Notices]
[Pages 2609-2612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00839]


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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 new 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 create a system 
of records notice, titled FMCS-0007, Public Health Emergency Records 
System. The system will include

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information that FMCS collects and maintains for applicants for 
employment, FMCS clients, and contractors who voluntarily provide 
information to FMCS in return for possible employment or enrollment in 
FMCS programs and/or activities that will respond to the Coronavirus 
Disease 2019 (COVID-19), a declared public health emergency, and other 
high-consequence public health threat requirements.

DATES: This system of records will be effective without further notice 
on February 17, 2022 unless otherwise revised pursuant to comments 
received. New routine uses will be effective on February 17, 2022. 
Comments must be received on or before February 17, 2022.

ADDRESSES: You may send comments, identified by FMCS-0007 by any of the 
following methods:
     Mail: Office of General Counsel, 250 E Street SW, 
Washington, DC 20427.
     Email: [email protected]. Include FMCS-0007 on the subject line 
of the message.
     Fax: (202) 606-5444.

FOR FURTHER INFORMATION CONTACT: Greg Raelson, Director of 
Congressional and Public Affairs, at [email protected] or 202-606-8081.

SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974, 
5 U.S.C. 552(a), this system covers information necessary and relevant 
for federal employment and FMCS programs or activities responding to 
mandated requirements and mitigating COVID-19 and other high-
consequence public health threats, and diseases or illnesses relating 
to a public health emergency. Such information may include information 
on applicants for federal employment, FMCS clients, and contractors who 
have contracted or may have been exposed to a suspected or confirmed 
disease or illness that is the subject of a declared public health 
emergency or who undergo preventative testing for or receive a 
vaccination to prevent a disease or illness that is the subject of a 
declared public health emergency, in accordance with federal, state, or 
local public health orders.

SYSTEM NAME AND NUMBER:
    FMCS-0007 Public Health Emergency Records 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):
    The Director of Human Resources, and the Benefits and Retirement 
Specialist will manage the System. The 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.; Occupational Safety and Health Act of 1970; 
5 U.S.C. 7902; 5 U.S.C. 301; 29 U.S.C. 668; 44 U.S.C. 3101; E.O. 13994; 
and E.O. 14043.

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to provide a system for collecting, 
processing, responding to, and maintaining health information regarding 
Coronavirus Disease 2019 (COVID-19), a declared public health 
emergency, and other high-consequence public health threat requirements 
on applicants for employment, FMCS clients, and contractors who 
participate in FMCS programs or activities, or visit FMCS facilities; 
to process, evaluate, and make decisions on requests for access to FMCS 
facilities (``requests''); details of requests and any supporting 
documentation; and to track 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 applicants for employment, FMCS clients, and contractors who 
participate in FMCS programs or activities during COVID-19 or other 
high-consequence public health threats relating to a public health 
emergency.

CATEGORIES OF RECORDS IN THE SYSTEM:
    These records contain the following:
     Name;
     Status (applicant, contractor, or FMCS client);
     Contact information (addresses, phone numbers, and email 
addresses);
     Information directly related to the disease or illness 
(e.g. testing results/information (including dates), symptoms, 
treatments such as vaccines, and source of exposure);
     Copies of correspondence between the applicant, client, or 
contractor, and FMCS;
     Case processing information related to suitability 
determinations and appeals;
     Vaccination records, including vaccination history, the 
date, type, and dose of vaccine administered to the individual (for 
FMCS applicants for employment only);
     Any other information collected or developed in connection 
with vaccine requirements and exemptions for FMCS clients, applicants 
for employment, or contractors; and
     Appointment scheduling information, including the date, 
time, and location of a scheduled appointment.

RECORD SOURCE CATEGORIES:
    Information in this system of records is provided by the applicant, 
contractor, or FMCS client who participate in FMCS programs or 
activities who may provide information and/or FMCS Human Resources 
officials.

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 
the record, either alone or in conjunction with other information 
creates an indication of a violation or potential violation of civil or 
criminal laws or regulations.
    (b) 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 a former employee of the Department for purposes of 
responding to an official inquiry by a federal, state, or local 
government entity or professional licensing authority, in accordance 
with applicable Department

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regulations; or facilitating communications with a former employee that 
may be necessary for personnel-related or other official purposes where 
the Department requires information and/or consultation assistance from 
the former employee regarding a matter within that person's former area 
of responsibility.
    (e) To the Department of Health and Human Services (HHS), the 
Centers for Disease Control and Prevention (CDC), or to any state or 
local health authorities to ensure that all health issues potentially 
affecting public health and safety in the United States are being or 
have been adequately addressed.
    (f) To appropriate medical facilities, private entities, or 
federal, state, local, tribal, territorial or foreign government 
agencies, to the extent permitted by law, for the purpose of protecting 
the vital interests of individual(s), including to assist the United 
States Government in responding to or mitigating high-consequence 
public health threats, or diseases and illnesses relating to a public 
health emergency.
    (g) 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.
    (h) 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.
    (i) 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.
    (j) To the Department of Justice, including Offices of the U.S. 
Attorneys; another Federal agency conducting litigation or in 
proceedings before any court, adjudicative, or administrative body; 
another party in litigation before a court, adjudicative, or 
administrative body; or to a court, adjudicative, or administrative 
body. Such disclosure is permitted only when it is relevant and 
necessary to the litigation or proceeding, and one of the following is 
a party to the litigation or has an interest in such litigation:
    (1) FMCS, or any component thereof;
    (2) Any employee or former employee of FMCS in their official 
capacity;
    (3) Any employee or former employee of FMCS in their capacity where 
the Department of Justice or FMCS has agreed to represent the employee;
    (4) The United States, a Federal agency, or another party in 
litigation before a court, adjudicative, or administrative body, upon 
the FMCS General Counsel's approval, pursuant to 5 CFR part 295 or 
otherwise.
    (k) To any federal 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.
    (l) To another Federal agency, including, but not limited to, the 
Equal Employment Opportunity Commission, Office of Personnel 
Management, and the Office of Special Counsel to obtain advice 
regarding statutory, regulatory, policy, and other requirements related 
to public health threat requirements.
    (m) 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 applied for employment or needed access to FMCS 
facilities, programs, or activities during a public health threat.
    (n) To a Federal, state, local, territorial, tribal, foreign, or 
international licensing agencies or associations, or entity which 
require information concerning the suitability or eligibility of an 
individual for a license or permit.
    (o) To such recipients and under such circumstances and procedures 
as are mandated by Federal statute or treaty.
    (p) To another Federal agency pursuant to a written agreement with 
FMCS to provide services (such as medical evaluations), when necessary, 
in support of public health threat requirements.
    (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 electronically and stored on the 
agency's internal servers with restricted access 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 2.7, issued by the National Archives and Records 
Administration. Records are updated as needed, retained for three 
years, and destroyed by shredding or deleting.

ADMINSTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records are 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:
    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) Address, and (3) A specific description 
of the record content requested. See 29 CFR 1410.3, Individual access 
requests.

CONTESTING RECORDS PROCEDURES:
    See 29 CFR 1410.6, Requests for correction or amendment of records, 
on

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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:
    None.

    Dated: January 12, 2022.
Sarah Cudahy,
General Counsel.
[FR Doc. 2022-00839 Filed 1-14-22; 8:45 am]
BILLING CODE 6732-01-P