Privacy Act of 1974; System of Records, 67740-67742 [2020-23651]

Agencies

• Federal Mediation and Conciliation Service

[Federal Register Volume 85, Number 207 (Monday, October 26, 2020)]
[Notices]
[Pages 67740-67742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23651]


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FEDERAL MEDIATION AND CONCILIATION SERVICE


Privacy Act of 1974; System of Records

AGENCY: Office of General Counsel (OGC), FMCS.

ACTION: Notice of a New System of Records.

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SUMMARY: The Federal Mediation and Conciliation Service (FMCS) is 
establishing a new system of records for Freedom of Information Act 
records (FOIA) and Privacy Act records processing and a FOIA and 
Privacy Act information technology system new to FMCS that will enable 
requesters to submit, receive, and appeal their FOIA and Privacy Act 
requests and decisions via an online portal.

DATES: This notice will go in to effect without further notice on 
October 28, 2020, unless otherwise revised pursuant to comments 
received. New routine uses will go into effect on November 25, 2020. 
Comments must be received on or before November 25, 2020.

ADDRESSES: Office of General Counsel, 250 E Street SW, Washington, DC 
20427: fmcs.gov">[email protected]fmcs.gov. Comments may be submitted via email at 
fmcs.gov">[email protected]fmcs.gov or via fax at (202) 606-5444. All submissions must refer 
to the System Name and Number FMCS-1-FOIA/PA.

FOR FURTHER INFORMATION CONTACT: Anna Davis, Deputy General Counsel, 
fmcs.gov">[email protected]fmcs.gov.

SUPPLEMENTARY INFORMATION: This describes a new system for receiving, 
processing, and storing FOIA and Privacy Act requests, responses, and 
appeals.

SYSTEM NAME AND NUMBER:
    FMCS-1-FOIA/PA.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Federal Mediation and Conciliation Service, 250 E Street SW, 
Washington, DC 20427; AINS 806 W. Diamond Avenue, Gaithersburg, MD 
20878.

[[Page 67741]]

SYSTEM MANAGER(S):
    Sarah Cudahy, General Counsel, FMCS 250 E Street SW, Washington, DC 
20427.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Federal Mediation and Conciliation Service, 29 U.S.C. 172, et seq.; 
Freedom of Information Act, 5 U.S.C. 552; The Privacy Act of 1974, 5 
U.S.C. 552a; 5 U.S.C. 301.

PURPOSE(S) OF THE SYSTEM:
    This system is maintained for the purpose of processing access 
requests and administrative appeals under the FOIA (including system 
access records for requesters and staff), and access and amendment 
requests and appeals under the Privacy Act; corresponding with the 
Office of Information Policy (OIP) in the Department of Justice 
regarding federal agency compliance with the FOIA; and for the purpose 
of assisting FMCS in carrying out any other responsibilities under the 
FOIA and the Privacy Act.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals filing requests for access to information under the 
FOIA and Privacy Act, maintaining an account through which to file FOIA 
requests and appeals, and FMCS staff assigned to help process, 
consider, and respond to such requests, including any appeals.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The system consists of records created or compiled in response to 
FOIA and Privacy Act requests and appeals, including: The original 
requests and administrative appeals; responses to such requests and 
administrative appeals; all related memoranda, correspondence, notes, 
other supporting documentation, and system access records for both 
requesters and FMCS staff (usernames and passwords). Information 
collected and maintained about individuals includes name, contact 
information, phone numbers, email addresses, and mailing addresses. 
Records may contain information about people named in them. This system 
also consists of records related to inquiries submitted to OIP 
regarding federal agency compliance with the FOIA, and all records 
related to the resolution of such inquiries.

RECORD SOURCE CATEGORIES:
    Individuals about whom the record is maintained, and agency staff 
assigned to help process, review, or respond to the access request, 
including any appeal. Records pertaining to accessing the FOIA 
processing system will also be included in this records system.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    (a) To a federal, state, or local agency or entity for the purpose 
of consulting with that agency or entity to enable FMCS to make a 
determination as to access to or correction of information; for the 
purpose of verifying the identity of an individual or the accuracy of 
information submitted by an individual who has requested access to or 
amendment of information.
    (b) To a federal agency or entity that furnished the record or 
information for the purpose of permitting that agency or entity to make 
a decision as to access or correction of the record or information, or 
to a federal agency or entity for purposes of providing guidance or 
advice regarding the handling of particular requests.
    (c) To a submitter or subject of a record or information in order 
to obtain assistance to FMCS in making a determination as to access or 
amendment.
    (d) To the National Archives and Records Administration for the 
purpose of adjudicating an appeal from an FMCS denial or a request.
    (e) To appropriate agencies for the purpose of resolving an inquiry 
regarding FMCS compliance with the FOIA.
    (f) To the National Archives and Records Administration, Office of 
Government Information Services (OGIS), to the extent necessary to 
fulfill responsibilities under 5 U.S.C. 552(h) to review administrative 
policies, procedures, and compliance with the FOIA, and to facilitate 
OGIS' offering of mediation services to resolve disputes between 
persons making FOIA requests and administrative agencies.
    (g) To contractors, experts, consultants, and others performing or 
working on a contract service agreement, or other assignments for the 
federal government, when necessary to accomplish an agency function 
related to this system of records.
    (h) To a Member of Congress or staff acting upon the Member's 
behalf when the Member or staff requests the information on behalf of, 
and at the request of, the individual who is the subject of the record.
    (i) To any component of the Department of Justice for the purpose 
of representing FMCS, or its components, officers, employees, or 
members in pending or potential litigation to which the record is 
pertinent.
    (j) In an appropriate proceeding before a court, grand jury, or 
administrative body, when FMC determines the records are relevant to 
the proceeding; or in an administrative or adjudicative body when the 
adjudicator determines the records to be relevant to the proceeding.
    (k) To the news media and the public, unless it is determined that 
the release of specific information in the context of the particular 
case would constitute an unwarranted invasion of privacy.
    (l) To such recipients and under such circumstances and procedures 
as are mandated by federal statute or regulation.
    (m) To appropriate agencies, entities, and persons when (1) the 
Commission suspects or has confirmed that there has been a breach of 
the system of records, (2) the Commission has determined that as a 
result of the suspected or confirmed breach there is a risk of harm to 
individuals, the Commission (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 the 
Commission's efforts to respond to the suspected or confirmed breach or 
to prevent, minimize, or remedy such harm.
    (n) To another Federal agency or Federal entity, when the 
Commission 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:
    Records are maintained electronically using a commercial software 
application run on the agency's internal servers and shared drives run 
on the agency's internal servers. Hardcopy records are maintained in a 
locked file cabinet that require two badged access points.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Indexed by name of requesting party and subject matter of request. 
Records can also be searched by name, address, phone number, fax 
number, and email of the requesting party, subject matter of the 
request, requestor organization, FOIA number, and staff members 
assigned to the request.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained and disposed of in accordance with General 
Records

[[Page 67742]]

Schedule 4.2, issued by the National Archives and Records 
Administration.

ADMINSTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Access to nonpublic system records is restricted to FMCS personnel 
or contractors whose responsibilities require access. Nonpublic paper 
records are temporary, maintained in lockable file cabinets or offices, 
and destroyed once the request and appeal process is complete. Access 
to electronic records is controlled by a ``user ID'' and password 
combination and other electronic access or network controls (e.g., 
firewalls). FMCS buildings are guarded and monitored by security 
personnel, cameras, ID checks, and other physical security measures.

RECORD ACCESS PROCEDURES:
    See 29 CFR 1410.3--Individual access requests. Requests can be 
submitted via the fmcs.gov website, via email to fmcs.gov">[email protected]fmcs.gov or 
via mail at Chief Privacy Officer at FMCS 250 E Street SW, Washington, 
DC 20427.

CONTESTING RECORDS PROCEDURES:
    See 29 CFR 1410.6 Appeals from denials of requests can be submitted 
via email to fmcs.gov">[email protected]fmcs.gov or via mail at Chief Privacy Officer at 
FMCS.

NOTIFICATION PROCEDURES:
    See 29 CFR 1410.3(a), et seq. Individuals who desire to know 
whether the agency maintains a system of records pertaining to them by 
submitting a written request to the Chief Privacy Officer at 
fmcs.gov">[email protected]fmcs.gov or Chief Privacy Officer, FMCS, 250 E Street SW, 
Washington, DC 20427.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

    Dated: October 21, 2020.
Sarah Cudahy,
General Counsel.
[FR Doc. 2020-23651 Filed 10-23-20; 8:45 am]
BILLING CODE 6732-01-P