Notice2021-23408
Privacy Act of 1974; System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 27, 2021
Effective
November 26, 2021
Issuing agencies
Federal Mediation and Conciliation Service
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 205 (Wednesday, October 27, 2021)</title>
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[Federal Register Volume 86, Number 205 (Wednesday, October 27, 2021)]
[Notices]
[Pages 59389-59390]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
<bullet> Mail: Office of General Counsel, 250 E Street SW,
Washington, DC 20427.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#91fef6f2d1f7fcf2e2bff6fee7"><span class="__cf_email__" data-cfemail="d4bbb3b794b2b9b7a7fab3bba2">[email protected]</span></a>. Include FMCS-0005 on the subject line
of the message.
<bullet> Fax: (202) 606-5444.
FOR FURTHER INFORMATION CONTACT: Doug Jones, Director of Information
Technology, at <a href="/cdn-cgi/l/email-protection#2d49474243485e6d4b404e5e034a425b"><span class="__cf_email__" data-cfemail="ddb9b7b2b3b8ae9dbbb0beaef3bab2ab">[email protected]</span></a> 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 <a href="/cdn-cgi/l/email-protection#70363d33233d15141913111c391e161f30161d13035e171f06"><span class="__cf_email__" data-cfemail="89cfc4cadac4ecede0eae8e5c0e7efe6c9efe4eafaa7eee6ff">[email protected]</span></a>. 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 <a href="/cdn-cgi/l/email-protection#2b5b59425d4a48526b4d464858054c445d"><span class="__cf_email__" data-cfemail="b0c0c2d9c6d1d3c9f0d6ddd3c39ed7dfc6">[email protected]</span></a> or Chief Privacy Officer, FMCS, 250 E Street SW,
Washington, DC 20427. Also, see <a href="https://www.fmcs.gov/privacy-policy/">https://www.fmcs.gov/privacy-policy/</a>.
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
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.