Notice2022-18463
Privacy Act of 1974; System of Records
Primary source
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Published
August 26, 2022
Effective
September 26, 2022
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 amend and reissue a current system of records notice, titled FMCS-0006, Ethics Records. The system will cover the Executive Branch Confidential Financial Disclosure Reports, and agency ethics guidance to employees and FMCS clients. The notice amendment includes significant updates to refine details published under the system manager, authority for maintenance of the system, the purpose, categories of individuals covered, categories of records, record source categories, routine uses, record access procedures, contesting records, and history. These sections are amended to refine previously published information about the system of records. The addresses, system name and number, security classification, system location, policies and practices for storage, policies and practices for retrieval, policies and practices for retention, administrative safeguards, notification procedures, and exemptions remain unchanged. This amended SORN deletes and supersedes the SORN published on the Federal Register on October 27, 2021.
Full Text
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<title>Federal Register, Volume 87 Issue 165 (Friday, August 26, 2022)</title>
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[Federal Register Volume 87, Number 165 (Friday, August 26, 2022)]
[Notices]
[Pages 52557-52559]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18463]
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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: In accordance with the Privacy Act of 1974, the Federal
Mediation and Conciliation Service (FMCS) proposes to amend and reissue
a current system of records notice, titled FMCS-0006, Ethics Records.
The system will cover the Executive Branch Confidential Financial
Disclosure Reports, and agency ethics guidance to employees and FMCS
clients. The notice amendment includes significant updates to refine
details published under the system manager, authority for maintenance
of the system, the purpose, categories of individuals covered,
categories of records, record source categories, routine uses, record
access procedures, contesting records, and history. These sections are
amended to refine previously published information about the system of
records. The addresses, system name and number, security
classification, system location, policies and practices for storage,
policies and practices for retrieval, policies and practices for
retention, administrative safeguards, notification procedures, and
exemptions remain unchanged. This amended SORN deletes and supersedes
the SORN published on the Federal Register on October 27, 2021.
DATES: This system of records will be effective without further notice
on September 26, 2022 unless otherwise revised pursuant to comments
received. New routine uses will be effective on September 26, 2022.
Comments must be received on or before September 26, 2022.
ADDRESSES: You may send comments, identified by FMCS-0006 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#5738303417313a342479303821"><span class="__cf_email__" data-cfemail="513e363211373c32227f363e27">[email protected]</span></a>. Include FMCS-0006 on the subject line
of the message.
<bullet> Fax: (202) 606-5444.
FOR FURTHER INFORMATION CONTACT: Alisa Zimmerman, Designated Agency
Ethics Official and Acting General Counsel, at <a href="/cdn-cgi/l/email-protection#7213081b1f1f17001f131c32141f11015c151d04"><span class="__cf_email__" data-cfemail="ef8e958682828a9d828e81af89828c9cc1888099">[email protected]</span></a> or
202-606-5488.
SUPPLEMENTARY INFORMATION: In accordance with ethics laws, regulations,
and the Code of Professional Conduct for Labor Mediators, FMCS will
collect, store, evaluate, and disclose, when necessary, information
pertaining to ethics and mediators. FMCS may disclose information
pertaining to FMCS parties or clients to address impartiality concerns
or explain mediator reassignments. Pursuant to the Code of Professional
Conduct and FMCS's mission, the FMCS ethics system may include
additional documents pertaining to mediator assets and client notices
concerning those assets. This system of records supplements the Office
of Government Ethics GOVT-2 system. This system will collect
information from FMCS employees serving as mediators and federal
employees serving in mediators' supervisory chain. In evaluating ethics
concerns, FMCS may also gather information from internal agency sources
and departments and store information as part of this system.
The notice amendment includes updates to refine details published
under the system manager, authority for maintenance of the system, the
purpose, categories of individuals covered, categories of records,
record source categories, routine uses, record access procedures,
contesting records, and history. These sections are amended to refine
previously published information about the system of records. The
addresses, system name and number, security classification, system
location, policies and practices for storage,
[[Page 52558]]
policies and practices for retrieval, policies and practices for
retention, administrative safeguards, notification procedures, and
exemptions remain unchanged.
SYSTEM NAME AND NUMBER:
FMCS-0006 Ethics Records.
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):
Alisa Zimmerman, Designated Agency Ethics Official and Deputy
General Counsel, email <a href="/cdn-cgi/l/email-protection#9effe4f7f3f3fbecf3fff0def8f3fdedb0f9f1e8"><span class="__cf_email__" data-cfemail="82e3f8ebefefe7f0efe3ecc2e4efe1f1ace5edf4">[email protected]</span></a>, or send mail to Federal
Mediation and Conciliation Service, Office of General Counsel (OGC),
250 E Street Southwest, Washington, DC 20427, Attn: Alisa Zimmerman.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 172, et seq. as it pertains to providing mediation and
conflict resolution services to clients; Ethics in Government Act of
1978, 5 U.S.C. app. 101, et seq.; E.O. 12674 (as modified by E.O.
12731); 5 CFR part 2634; 5 CFR part 2635; and 29 CFR part 1400.735-20.
PURPOSE(S) OF THE SYSTEM:
This amended system will reflect mediator obligations under the
Code of Professional Conduct for Labor Mediators as referenced in 29
CFR 1400.735-20. This system of records supplements the Office of
Government Ethics GOVT-2 system and may contain records collected and
maintained to meet the requirements of Executive Order 12674, as
modified, 5 CFR part 2634, and subsequent agency regulations, as well
as section 107 of the Ethics in Government Act of 1978, as amended.
This system includes the additional collection, documentation, and
disclosure of mediator ethical concerns regarding financial conflicts
of interest and impartiality, including but not limited to, ethics
waivers and authorizations.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals in this system include FMCS employees serving as
mediators and in the mediator supervisory chain, and employees
designated to file public, confidential, or alternative financial
disclosure forms in accordance with 5 CFR 2634.904 and 5 U.S.C. app.
107. It also includes FMCS employees conducting or assigning conflict
management cases, including but not limited to, mediations. The system
of records includes both current and former Federal employees in these
categories.
CATEGORIES OF RECORDS IN THE SYSTEM:
These records contain statements and amended statements of personal
and family holdings and other interests in property, income, gifts,
reimbursements, liabilities, agreements, arrangements, outside
positions, retirement products, pensions, and other information related
to conflict-of-interest determinations. These statements include
completed copies of the Office of Government Ethics (OGE) Form 450 and
alternative confidential disclosure forms reflecting more detailed
information pertaining to mediator pensions and supplemental agency
ethics documents including, but not limited to cautionary memos,
recusals, firewalls, waivers, authorizations, acknowledgment of duty to
contact the Office of General Counsel, and any statements or
certifications concerning no conflicts of interest.
RECORD SOURCE CATEGORIES:
Information in this system of records is provided by:
1. The Federal employee or a designated person such as a trustee,
accountant, banker or relative.
2. Federal officials who review the statements to make conflict-of-
interest determinations.
3. Persons alleging conflicts of interest or other violations of
ethics laws and persons contacted during any investigation of the
allegations.
4. FMCS clients, in accordance with 5 CFR 2635.502 and the Code of
Professional Conduct for Labor Mediators, acknowledging notice of
impartiality concerns.
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 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 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.
(d) 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.
(e) 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 Federal
Government when necessary to accomplish an agency function related to
this system of records.
(e) 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.
(f) 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.
(g) To the Department of Justice, including Offices of the U.S.
Attorneys; another Federal agency conducting litigation or in
proceedings before any court, adjudicative, or administrative body;
another party in litigation before a court, adjudicative, or
administrative body; or to a 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
[[Page 52559]]
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.
(h) To any federal agency, organization, or person for the purposes
of performing audit or oversight operations related to the operation of
this system of records 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 to the Office of Government Ethics in response to
an ethics program audit, questionnaire, survey, or any other compliance
inquiry directed to FMCS.
(l) To disclose information to any source when necessary to obtain
information relevant to a conflict-of-interest investigation or
determination.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
These records are maintained in paper and electronic form in
locations only accessible to authorized personnel.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
These records are retrieved by the name or other programmatic
identifier assigned to an individual.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
In accordance with the NARA's General Records Schedule (GRS) 2.8
Employee Ethics Records, these records are retained for six years after
filing, except when filed by or with respect to a nominee and the
nominee ceases to be under consideration for the position. If any
records are needed in an ongoing investigation, they will be retained
for the duration of the investigation. Records are destroyed by
shredding or deleting.
ADMINSTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Records are located in a locked file storage area or stored
electronically in locations requiring agency network access via
username and password. FMCS buildings are guarded and monitored by
security personnel, cameras, ID checks, and other physical security
measures.
RECORD ACCESS PROCEDURES:
Individuals wishing to request access to their records should
contact the Office of General Counsel (OGC). 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. See 29 CFR
1410.3, Individual access requests.
CONTESTING RECORDS PROCEDURES:
Records are updated on a periodic basis; most record corrections
can be handled through established administrative procedures. Contact
the Office of General Counsel (OGC) for contesting records under the
provisions of the Privacy Act. See 29 CFR 1410.6, Requests for
correction or amendment of records, on how to contest the content of
any records.
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 on the
Federal Register on October 27, 2021, at 86 FR 59387.
Dated: August 23, 2022.
Anna Davis,
Deputy General Counsel.
[FR Doc. 2022-18463 Filed 8-25-22; 8:45 am]
BILLING CODE 6732-01-P
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</html>Indexed from Federal Register on August 26, 2022.
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.