[Federal Register Volume 89, Number 160 (Monday, August 19, 2024)]
[Notices]
[Pages 67090-67092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18453]


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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: The Federal Mediation and Conciliation Service (FMCS) uses 
this system to collect, process, and maintain information from 
applicants to the Shared Neutrals program. The purpose of this program 
is to reduce the cost of litigation involving EEO and workplace 
disputes across all federal agencies.

DATES: This system of records will be effective without further notice 
on September 18, 2024 unless otherwise revised pursuant to comments 
received. Comments must be received on or before September 18, 2024.

ADDRESSES: You may send comments, identified by FMCS-00011 by any of 
the following methods:
     Mail: Office of General Counsel, 250 E Street SW, 
Washington, DC 20427.
     Email: [email protected]. Include FMCS-00011 on the 
subject line of the message.

FOR FURTHER INFORMATION CONTACT: Anna Davis, General Counsel, at 
[email protected] or 202-606-3737.

SUPPLEMENTARY INFORMATION: The Administrative Dispute Resolution Act of 
1996 (ADRA), 5 U.S.C. 571 et seq., authorizes and encourages agencies 
to use various alternative means of dispute resolution in the federal 
administrative process in order to avoid the time and expense of 
litigation. This legislation also amends the Taft-Hartley Act by 
permanently adding section 173(f) of title 29 of the United States Code 
(29 U.S.C. 173(f)) so that FMCS may provide all forms of alternative 
dispute resolution assistance to federal agencies. Under this 
legislation, FMCS contains a dispute resolution program to assist with 
EEO and workplace disputes for all federal agencies. This Shared 
Neutrals program provides more than 50 participating federal agencies 
access to a pool of trained, collateral-duty federal employees. These 
employees provide mediation services to agencies other than their own 
in exchange for like services to the program from the recipient agency.
    FMCS uses online activity tools that includes Survey Monkey and 
Microsoft Forms, all of which are online licensed software platforms, 
for evaluating mediators, and registering participants for training and 
roundtable discussions.

SYSTEM NAME AND NUMBER:
    FMCS-00011 Shared Neutrals Records.

SECURITY CLASSIFICATION:
    Unclassified.

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

SYSTEM MANAGER(S):
    Karen Pierce, Supervisor, Office of Client Services, email 
[email protected], call (202) 606-3672, or send mail to Federal 
Mediation and Conciliation Service, 250 E Street Southwest, Washington, 
DC 20427, Attn: Karen Pierce.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Federal Mediation and Conciliation Service, 29 U.S.C. 172, et seq., 
and Departmental Regulations, 5 U.S.C. 301.

PURPOSE(S) OF THE SYSTEM:
    The purpose of the records in this system is for collecting, 
processing, and maintaining applicant and participant information. This 
allows FMCS to organize and support agencies needing assistance from 
volunteer federal employee participants, to contact applicants and 
participants in the program, and to organize and analyze data for 
impact of service. This data is used to show the productivity and 
impact of the program.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The categories of individuals covered in the system are applicants/
participants in the program that includes federal employees and point-
of-contacts for federal agencies.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The categories of records maintained in the system include the 
following:
     Name;
     Information pertaining to applicant to include position, 
associated agency, association with a Federal Executive Board, official 
duty station, and clearance level;
     Contact information to include physical location, phone 
numbers, and email addresses;
     Supervisor contact information;
     Request for accommodation information;
     Volunteer information to include cases, status, rank, and 
the number of hours volunteered for; and
     Other information related to case information, trainings 
attended, assessments from others, and general information about time 
in program and work outside of program.

RECORD SOURCE CATEGORIES:
    Information in this system of records is provided by federal 
employees, federal agencies, and Federal Executive Boards.

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 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 agency 
when necessary to accompany an agency function related to this system 
of records.
    (c) To officials of labor organizations and employers receiving 
services pursuant to 29 U.S.C. 172, et seq.

[[Page 67091]]

    (d) To officials of labor organizations and federal agencies 
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.
    (e) 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.
    (f) In an appropriate proceeding before a court, grand jury, or 
administrative or adjudicative body or official, when FMCS or other 
Agency representing FMCS determines the records are relevant and 
necessary to the proceeding; or in an appropriate proceeding before an 
administrative or adjudicative body when the adjudicator determines the 
records to be relevant to the proceeding.
    (g) To the Department of Justice, including Offices of the U.S. 
Attorneys, or another Federal agency representing FMCS in pending or 
potential litigation or proceedings before any 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.
    (h) To any agency, organization, or person for the purposes of 
performing audit or oversight operations related to the operation of 
this system of records or for federal ethics compliance purposes as 
authorized by law, but only information necessary and relevant to such 
audit or oversight function.
    (i) To disclose data or information to other federal agencies, 
educational institutions, or FMCS clients who collaborate with FMCS to 
provide research or statistical information, services, or training 
concerning conflict management.
    (j) 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 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.
    (l) 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.
    (m) 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.
    (n) 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.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    These records are maintained electronically, and data collected is 
accessed through agency internal drives which require multi-factor 
authentication (MFA).

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by the name or other programmatic identifier 
such as agency, associated Federal Executive Board, phone number, or 
other agency needs.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    All records are retained and disposed of in accordance with the 
Agency's Records Schedule approved by the National Archives and Records 
Administration (NARA).

ADMINSTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Electronic records are accessed on FMCS's internal drives and 
through web browsers to the internet that all require multi-factor 
authentication for login, are safeguarded in a secured environment, and 
are maintained in a secure, password-protected electronic system that 
utilize commensurate safeguards that may include firewalls, intrusion 
detection and prevention systems, and role-based access controls. All 
records are protected from unauthorized access through appropriate 
administrative, operational, and technical safeguards. These safeguards 
include restricting access to authorized personnel who have a ``need to 
know'' and password protection identification features.

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 the Privacy Office at FMCS 250 E 
Street SW, Washington, DC 20427. See 29 CFR 1410.3.

CONTESTING RECORDS PROCEDURES:
    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 
via mail to the Privacy Office at FMCS 250 E Street SW, Washington, DC 
20427. Also, see https://www.fmcs.gov/privacy-policy/. See 29 CFR 
1410.6.

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

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.


[[Page 67092]]


    Dated: June 25, 2024.
Alisa Zimmerman,
Deputy General Counsel, Federal Mediation and Conciliation Service.
[FR Doc. 2024-18453 Filed 8-16-24; 8:45 am]
BILLING CODE 6732-01-P