[Federal Register Volume 87, Number 165 (Friday, August 26, 2022)]
[Notices]
[Pages 52557-52559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18463]


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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-0006, Ethics Records. 
The system will cover the Executive Branch Confidential Financial 
Disclosure Reports, and agency ethics guidance to employees and FMCS 
clients. The notice amendment includes significant updates to refine 
details published under the system manager, authority for maintenance 
of the system, the purpose, categories of individuals covered, 
categories of records, record source categories, routine uses, record 
access procedures, contesting records, and history. These sections are 
amended to refine previously published information about the system of 
records. The addresses, system name and number, security 
classification, system location, policies and practices for storage, 
policies and practices for retrieval, policies and practices for 
retention, administrative safeguards, notification procedures, and 
exemptions remain unchanged. This amended SORN deletes and supersedes 
the SORN published on the Federal Register on October 27, 2021.

DATES: This system of records will be effective without further notice 
on September 26, 2022 unless otherwise revised pursuant to comments 
received. New routine uses will be effective on September 26, 2022. 
Comments must be received on or before September 26, 2022.

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: Alisa Zimmerman, Designated Agency 
Ethics Official and Acting General Counsel, at [email protected] or 
202-606-5488.

SUPPLEMENTARY INFORMATION: In accordance with ethics laws, regulations, 
and the Code of Professional Conduct for Labor Mediators, FMCS will 
collect, store, evaluate, and disclose, when necessary, information 
pertaining to ethics and mediators. FMCS may disclose information 
pertaining to FMCS parties or clients to address impartiality concerns 
or explain mediator reassignments. Pursuant to the Code of Professional 
Conduct and FMCS's mission, the FMCS ethics system may include 
additional documents pertaining to mediator assets and client notices 
concerning those assets. This system of records supplements the Office 
of Government Ethics GOVT-2 system. This system will collect 
information from FMCS employees serving as mediators and federal 
employees serving in mediators' supervisory chain. In evaluating ethics 
concerns, FMCS may also gather information from internal agency sources 
and departments and store information as part of this system.
    The notice amendment includes updates to refine details published 
under the system manager, authority for maintenance of the system, the 
purpose, categories of individuals covered, categories of records, 
record source categories, routine uses, record access procedures, 
contesting records, and history. These sections are amended to refine 
previously published information about the system of records. The 
addresses, system name and number, security classification, system 
location, policies and practices for storage,

[[Page 52558]]

policies and practices for retrieval, policies and practices for 
retention, administrative safeguards, notification procedures, and 
exemptions remain unchanged.

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):
    Alisa Zimmerman, 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: Alisa Zimmerman.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    29 U.S.C. 172, et seq. as it pertains to providing mediation and 
conflict resolution services to clients; Ethics in Government Act of 
1978, 5 U.S.C. app. 101, et seq.; E.O. 12674 (as modified by E.O. 
12731); 5 CFR part 2634; 5 CFR part 2635; and 29 CFR part 1400.735-20.

PURPOSE(S) OF THE SYSTEM:
    This amended system will reflect mediator obligations under the 
Code of Professional Conduct for Labor Mediators as referenced in 29 
CFR 1400.735-20. This system of records supplements the Office of 
Government Ethics GOVT-2 system and may contain records 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. 
This system includes the additional collection, documentation, and 
disclosure of mediator ethical concerns regarding financial conflicts 
of interest and impartiality, including but not limited to, ethics 
waivers and authorizations.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals in this system include FMCS employees serving as 
mediators and in the mediator supervisory chain, and employees 
designated to file public, confidential, or alternative financial 
disclosure forms in accordance with 5 CFR 2634.904 and 5 U.S.C. app. 
107. It also includes FMCS employees conducting or assigning conflict 
management cases, including but not limited to, mediations. 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 Government Ethics (OGE) Form 450 and 
alternative confidential disclosure forms reflecting more detailed 
information pertaining to mediator pensions and supplemental agency 
ethics documents including, but not limited to cautionary memos, 
recusals, firewalls, waivers, authorizations, acknowledgment of duty to 
contact the Office of General Counsel, and any statements or 
certifications concerning no conflicts of interest.

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, in accordance with 5 CFR 2635.502 and the Code of 
Professional Conduct for Labor Mediators, acknowledging notice of 
impartiality concerns.

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 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 accomplish 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 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

[[Page 52559]]

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.
    (h) 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.
    (i) 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.
    (j) 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.
    (k) To disclose to the Office of Government Ethics in response to 
an ethics program audit, questionnaire, survey, or any other compliance 
inquiry directed to FMCS.
    (l) To disclose information to any source when necessary to obtain 
information relevant to a conflict-of-interest investigation or 
determination.

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) Address, and (3) A reasonably 
identifying description of the record content requested. See 29 CFR 
1410.3, Individual access requests.

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. See 29 CFR 1410.6, Requests for 
correction or amendment of records, on how to contest the content of 
any records.

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 on the 
Federal Register on October 27, 2021, at 86 FR 59387.

    Dated: August 23, 2022.
Anna Davis,
Deputy General Counsel.
[FR Doc. 2022-18463 Filed 8-25-22; 8:45 am]
BILLING CODE 6732-01-P