[Federal Register Volume 87, Number 130 (Friday, July 8, 2022)]
[Notices]
[Pages 40839-40841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14598]


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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: Federal Mediation and Conciliation Service (FMCS) uses this 
system to process and administer practical, experience-based conflict 
resolution training for individuals and groups in the federal, public, 
and private sectors. FMCS uses this system to register participants, 
provide accreditation information, and promote training and learning 
opportunities.

DATES: This system of records will be effective without further notice 
on August 8, 2022 unless otherwise revised pursuant to comments 
received. New routine uses will be effective on August 8, 2022. 
Comments must be received on or before August 8, 2022.

ADDRESSES: You may send comments, identified by FMCS-00010, by any of 
the following methods:
     Mail: FMCS Institute, 250 E Street SW, Washington, DC 
20427.
     Email: [email protected]. Include FMCS-00010 on the 
subject line of the message.

FOR FURTHER INFORMATION CONTACT: Office of FMCS Institute, Heather 
Brown, Chief Learning Officer, call (202) 606-3627 or email 
[email protected].

SUPPLEMENTARY INFORMATION: In connection with FMCS's mission, FMCS 
created the FMCS Institute to provide training courses concerning 
conflict resolution, arbitration, and mediation to the federal, public, 
and private sector employees. FMCS uses this system to store 
information pertaining to registration, instructors, enrollment, 
courses, and schedules. This system is comprised of several components 
including Event Espresso, emails, internal FMCS drives, and internal 
FMCS databases. Payments for courses are made via pay.gov. In 
connection with this system, FMCS also receives applications for 
arbitration course instructors every two years.

SYSTEM NAME AND NUMBER:
    FMCS-00010 FMCS Institute Records.

SYSTEM LOCATION:
    Federal Mediation and Conciliation Service, Office of FMCS 
Institute, 250 E Street SW, Washington, DC 20427.

SYSTEM MANAGER(S):
    Chief Learning Officer, Heather Brown, 250 E Street SW, Washington, 
DC 20427, email [email protected] or call (202) 606-5462. Event Espresso 
(Computer Technology Consultants), send mail to 10411 Motor City Drive, 
Suite 325, Bethesda, MD 20817, or call (240) 547-0076.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    29 U.S.C Sec.  172, et seq., and 29 CFR part 1403.

PURPOSE(S) OF THE SYSTEM:
    The purpose of the system is for collecting, processing, and 
maintaining participants' basic contact registration information to 
provide training and education services. The registration information 
is required to provide training, accreditation information, and to help 
determine locations for agency resources. The system assists in 
processing the online registration of participants for the training 
activities.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals in this system include members of the public, federal, 
public, and private sector employees who register for training, and 
federal employees who provide and support FMCS training services and 
course instructors.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The categories of records maintained in the system include the list 
of training programs, course descriptions, instructor applicant 
information, rosters, course evaluations, and registration details. The 
registrant information collected includes: first name, last name, email 
address, title, office, organization, address, room #/mail code, city, 
state/province, zip/postal code, telephone and fax number, and country.

RECORD SOURCE CATEGORIES:
    Information is provided by registrants through the online database 
registration program. Course instructors and applicants to be course 
instructors also provide information about education, background, and 
experience.

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

[[Page 40840]]

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 Agency for purposes of responding 
to an official inquiry by a federal, state, or local government entity 
or professional licensing authority, in accordance with applicable 
Agency regulations; or facilitating communications with a former 
employee that may be necessary for personnel-related or other official 
purposes where the Agency requires information and/or consultation 
assistance from the former employee regarding a matter within that 
person's former area of responsibility.
    (e) 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.
    (f) 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.
    (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 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.
    (i) 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.
    (j) To facilitate the agency's response to a suspected or confirmed 
breach of its own records and to disclose information 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.
    (k) To disclose information to another Federal agency or Federal 
entity, when FMCS determines that information from this systems of 
records may reasonably be needed by another agency in responding to a 
suspected or confirmed breach 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.
    (l) To disclose to professional affiliations, licensing entities, 
and employers to verify attendance and course completion.
    (m) To disclose, in a limited capacity, to a vendor or third party 
to provide requested accommodations associated with attendance, 
participation, registration, or instructor applicant information.

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 officials. Hard copy records are stored in a lock 
cabinet accessible to authorized Human resource staff and designated 
deciding officials as determined by agency policy.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    The records are retrieved by the name or other programming 
identifier assigned to an individual in the electronic database.

POLICIES AND PRACTICES FOR RETENTION OF DISPOSAL OF RECORDS:
    All records are retained and disposed of in accordance with General 
Records Schedule 6.5, issued by the National Archives and Records 
Administration.

ADMINSTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    The Administrative, technical, and physical security controls 
required for the system are defined in National Institute of Standards 
and Technology (NIST) Special Publication (SP)800-53 Rev 5, ``Security 
and Privacy Controls for Federal Information Systems and 
Organizations''. These controls strengthen the information systems and 
the environment in which it operates.
    The physical security safeguard is 24 hours on-site professional 
security staff who monitor access points. The use of equipment such as, 
hand scanners or video monitoring of activity, are kept in protected 
areas. Management ensures that only authorized parties are allowed 
physical access. The FMCS buildings are guarded and monitored by 
security personnel, cameras, ID checks, and other physical security 
measures.
    Records are in a locked file storage area or stored electronically 
in locations only accessible to authorize personnel requiring agency 
security credentials. Access is restricted, and accessible to limited 
Human Resources and/or individuals in a need-to-know capacity. The 
Technical controls used on the system include a protected network 
developed by a trusted third-party

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contractor and only accessible to system administrators. The system is 
protected using a two-factor authentication log in system access.

RECORD ACCESS PROCEDURES:
    Individuals must provide the following information for their 
records to be located and identified: (1) Full name, (2) Address, and 
(3) A reasonably identifying description of the record content 
requested. Requests can be submitted via fmcs.gov/foia/, via email to 
[email protected], or via mail to FMCS, Privacy Office, 250 E Street SW, 
Washington, DC 20427. See 29 CFR 1410.3, Individual Access Requests. 
Certificates of course completion may be requested via email to 
[email protected].

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] or send mail to FMCS, Privacy Office, 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: July 5, 2022.
Anna Davis,
Deputy General Counsel.
[FR Doc. 2022-14598 Filed 7-7-22; 8:45 am]
BILLING CODE 6732-01-P