Privacy Act of 1974; System of Records, 59389-59390 [2021-23408]

Agencies

• Federal Mediation and Conciliation Service

[Federal Register Volume 86, Number 205 (Wednesday, October 27, 2021)]
[Notices]
[Pages 59389-59390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23408]


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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-0005, the Religious Accommodation 
System. The system will include the Religious Accommodation Form that 
can be completed by any employee.

DATES: This notice will be effective without further notice on November 
26, 2021 unless otherwise revised pursuant to comments received. New 
routine uses will be effective on November 26, 2021. Comments must be 
received on or before November 26, 2021.

ADDRESSES: You may send comments, identified by FMCS-0005 by any of the 
following methods:
     Mail: Office of General Counsel, 250 E Street SW, 
Washington, DC 20427.
     Email: [email protected]. Include FMCS-0005 on the subject line 
of the message.
     Fax: (202) 606-5444.

FOR FURTHER INFORMATION CONTACT: Doug Jones, Director of Information 
Technology, at [email protected] or 202-606-5483.

SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974, 
5 U.S.C. 552(a), this system is needed for collecting and storing FMCS 
employee religious exemption information.

SYSTEM NAME AND NUMBER:
    FMCS-0005 Religious Accommodation 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):
    Angie Titcombe, Director of Human Resources, and Natalie Samuels, 
Benefits and Retirement Specialist. Doug Jones, 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.; Title VII of the Civil Rights Act of 1964.

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to provide a system for collecting, 
processing, and maintaining religious accommodation requests. 
Information stored and maintained in this system pertains to exemptions 
based upon a religious accommodation.
    The system will collect information submitted by employees, 
detailing the requested accommodations and any supporting 
documentation. This also includes information pertaining to the final 
determination of the accommodation.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The categories of individuals covered in the system of records 
includes both current and former Federal employees who have requested 
religious accommodations.

CATEGORIES OF RECORDS IN THE SYSTEM:
    These records contain first and last name, position held, the date 
of the request, description of religious belief and how it will impact 
the ability to comply with agency requirements and perform official 
duties.

RECORD SOURCE CATEGORIES:
    Information in this system of records is provided by:
    1. The Federal employee submitting an accommodation form.
    2. FMCS Human Resources officials who provide confirmation approval 
or denial of requests.
    Additional record source categories could include documents 
pertaining to the employee's religion and religious practices.

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 
FMCS becomes aware of an indication of a violation or potential 
violation of civil or criminal laws or regulations.
    (b) To disclose information to the National Archives and Records 
Administration (NARA) for use in its records management inspections; 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 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.
    (d) 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.
    (e) To respond to subpoenas in any litigation or other proceeding.
    (f) 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

[[Page 59390]]

breach or to prevent, minimize, or remedy such harm.
    (g) 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 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. 
Hard copy records are stored in a locked cabinet accessible to 
authorized Human Resources staff and designated deciding officials.

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 2.3, issued by the National Archives and Records 
Administration. Records are updated as needed, retained for three years 
after separation and/or for the entirety of the employee's active 
employment, and destroyed by shredding or deleting.

ADMINSTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records are located in a locked file storage area or stored 
electronically in locations only accessible to authorized personnel. 
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:
    If an employee would like access to their Religious Accommodation 
Form, please send a request with the specific information needed to the 
resource mailbox at [email protected]. A copy of the requested 
information will be provided via email in an encrypted file.

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 Chief Privacy Officer 
at [email protected] or Chief Privacy Officer, 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: October 22, 2021.
Sarah Cudahy,
General Counsel.
[FR Doc. 2021-23408 Filed 10-26-21; 8:45 am]
BILLING CODE 6732-01-P