Privacy Act of 1974; System of Records, 46110-46112 [2024-11544]

Agencies

• Federal Mediation and Conciliation Service

[Federal Register Volume 89, Number 103 (Tuesday, May 28, 2024)]
[Notices]
[Pages 46110-46112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11544]


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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: Federal Mediation and Conciliation Service (FMCS) uses 
photographs, biographies, and agency contact information of employees 
to provide background information to the public, for use by 
stakeholders in preparation for services, and for trainings and 
conferences. FMCS may also use these documents for internal agency 
events and communications. Photographs of FMCS clients engaging

[[Page 46111]]

in FMCS services allows FMCS to represent the services FMCS provides to 
our clients. The notice amendment includes administrative updates to 
refine details published under summary, dates, addresses, supplementary 
information, purpose of the system, categories of records in the 
system, record source categories, routine uses, record access 
procedures, contesting records procedures, and the history section. 
These sections are amended to refine previously published information 
about the system of records. The further information contact, system 
name, security classification, system location, system manager, 
authority for maintenance of the system, categories of individuals 
covered by the system, policies and practices for storage of records, 
policies and practices for retrieval of records, policies and 
procedures for retention and disposal of records, administrative 
safeguards, notification procedures, and exemptions promulgated 
sections remain unchanged. This amended SORN deletes and supersedes the 
SORN published in the Federal Register on August 19, 2021.

DATES: This system of records will be effective without further notice 
on June 27, 2024 unless otherwise revised pursuant to comments 
received. Comments must be received on or before June 27, 2024.

ADDRESSES: You may send comments, identified by FMCS-0003, by any of 
the following methods:
     Mail: Office of General Counsel, 250 E Street SW, 
Washington, DC 20427.
     Email: [email protected]. Include FMCS-0003 on the subject 
line of the message.
     Fax: (202) 606-5444.

FOR FURTHER INFORMATION CONTACT: Greg Raelson, Director of 
Congressional and Public Affairs, at [email protected] or at (202) 606-
8081.

SUPPLEMENTARY INFORMATION: The notice amendment includes administrative 
updates to refine details published under summary, dates, addresses, 
supplementary information, purpose of the system, categories of records 
in the system, record source categories, routine uses, record access 
procedures, contesting records procedures, and the history section. 
These sections are amended to refine previously published information 
about the system of records. The further information contact, system 
name, security classification, system location, system manager, 
authority for maintenance of the system, categories of individuals 
covered by the system, policies and practices for storage of records, 
policies and practices for retrieval of records, policies and 
procedures for retention and disposal of records, administrative 
safeguards, notification procedures, and exemptions promulgated 
sections remain unchanged.
    This system is needed for collecting, storing, and maintaining FMCS 
employee biographical information and event photographs to include 
photographs of FMCS clients.

SYSTEM NAME AND NUMBER:
    FMCS-0003

SECURITY CLASSIFICATION:
    Unclassified.

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

SYSTEM MANAGER(S):
    Greg Raelson, Director of Congressional and Public Affairs, email 
[email protected], or send mail to Federal Mediation and Conciliation 
Service, 250 E Street Southwest, Washington, DC 20427, Attn: Greg 
Raelson.

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

PURPOSE(S) OF THE SYSTEM:
    The purposes of the system are as follows:
    (a) The records are used for internal and external communications, 
and to provide the public with contact information and biographies of 
the employees who carry out FMCS's mission and activities.
    (b) To digitize FMCS photographic files in support of preserving 
the materials.
    (c) To be used for reproduction by FMCS employees organizing such 
events as awards, ceremonies, farewell ceremonies and receptions, FMCS 
anniversary ceremonies and receptions, conferences, workshops, speaking 
engagements, and FMCS training and education programs.
    (d) To provide a representation of the training and other services 
FMCS provides.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    All current and former FMCS employees, clients, visitors from other 
agencies, and members of the public.

CATEGORIES OF RECORDS IN THE SYSTEM:
    These records consist of digital photographs, digitized images of 
photographic prints, negatives, and slides, and indexing data including 
name, geographical district, biographies, business title, business 
email, business cell phone and office number, business office address, 
business address of events, client information, and name and dates of 
events.

RECORD SOURCE CATEGORIES:
    Photographs, FMCS employee biographical information, and client 
information are provided by FMCS employees on an ongoing basis. Donors 
include FMCS employees, FMCS clients, and visitors from the public or 
other agencies. Other records such as contact information are obtained 
from FMCS records.

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, these records or information contained 
therein may specifically be disclosed outside the Agency as a routine 
use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    (a) As communication material at conferences, trainings, and 
speaking engagements where FMCS employees participate in their official 
capacity to demonstrate the experience and background of FMCS 
employees.
    (b) To current and prospective FMCS clients including other federal 
agencies to provide background information on individuals for public 
knowledge and awareness.
    (c) For distribution and presentation for news, public relations, 
official agency social media, community affairs, and client services 
purposes.
    (d) In support of research activities conducted by FMCS employees 
and other agencies.
    (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

[[Page 46112]]

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 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 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.
    (l) 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.
    (m) To officials of labor organizations and employers receiving 
services pursuant to 29 U.S.C. 172, et seq.
    (n) 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.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are stored electronically on the public facing website 
located here. Also, records are stored on FMCS's shared and internal 
hard drives and on the FMCS's Microsoft Office 365 SharePoint site both 
accessible only to FMCS employees. Hard copies of photographs are also 
displayed in FMCS's offices.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records on the public facing website can be searched by name, 
geographic district, and zip code. Records on the FMCS's shared and 
internal drives can be searched by name, and date and name of the 
event. On SharePoint, records can be searched by the date and name of 
the event.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are updated as needed and retained until no longer needed 
for business use. All records are retained and disposed of in 
accordance with General Records Schedule 6.4, issued by the National 
Archives and Records Administration.

ADMINSTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Electronic records on FMCS's shared and internal drives, and on 
SharePoint are safeguarded in a secured environment and are maintained 
in a secure, password-protected electronic system that will utilize 
commensurate safeguards that may include firewalls, intrusion detection 
and prevention systems, and role-based access controls. Hard copy 
records are accessed in FMCS facilities that are limited to authorized 
personnel with official duties requiring access. FMCS facilities are 
equipped with security cameras and 24-hour security guard service. 
These records are kept in limited access areas in locked offices. 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'', using locks, 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:
    This amended SORN deletes and supersedes the SORN published in the 
Federal Register on August 19, 2021, at 86 FR 46701.

    Dated: May 21, 2024.
Alisa Zimmerman,
Deputy General Counsel, Federal Mediation and Conciliation Service.
[FR Doc. 2024-11544 Filed 5-24-24; 8:45 am]
BILLING CODE 6732-01-P