Notice2024-18457

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
August 19, 2024
Effective
September 18, 2024

Issuing agencies

Federal Mediation and Conciliation Service

Abstract

The Federal Mediation and Conciliation Service (FMCS) uses this system to manage and apply retention policies to agency records not part of another system. This system also indexes and houses the agency's records for retrieval in case of requests or litigation.

Full Text

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<title>Federal Register, Volume 89 Issue 160 (Monday, August 19, 2024)</title>
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[Federal Register Volume 89, Number 160 (Monday, August 19, 2024)]
[Notices]
[Pages 67092-67093]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18457]


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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: The Federal Mediation and Conciliation Service (FMCS) uses 
this system to manage and apply retention policies to agency records 
not part of another system. This system also indexes and houses the 
agency's records for retrieval in case of requests or litigation.

DATES: This system of records will be effective without further notice 
on September 18, 2024 unless otherwise revised pursuant to comments 
received. Comments must be received on or before September 18, 2024.

ADDRESSES: You may send comments, identified by FMCS-0013 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#790b1c1e100a0d1c0b391f141a0a571e160f"><span class="__cf_email__" data-cfemail="8dffe8eae4fef9e8ffcdebe0eefea3eae2fb">[email&#160;protected]</span></a>. Include FMCS-0013 on the subject 
line of the message.

FOR FURTHER INFORMATION CONTACT: Anna Davis, General Counsel, at 
<a href="/cdn-cgi/l/email-protection#9dfcf9fcebf4eeddfbf0feeeb3faf2eb"><span class="__cf_email__" data-cfemail="c8a9aca9bea1bb88aea5abbbe6afa7be">[email&#160;protected]</span></a> or 202-606-3737.

SUPPLEMENTARY INFORMATION: Collabspace, an Electronic Records 
Management (ERM) system, is basic to maintaining agency records to 
comply with NARA standards and records schedules. Collabspace was 
selected for its ease in management and its integration into Microsoft 
file management systems. Records managed by this system are housed in 
Exchange Online, SharePoint, OneDrive and in personal and departmental 
file shares. All sources are part of the Microsoft Azure Government 
Community Cloud (GCC).

SYSTEM NAME AND NUMBER:
    FMCS-0013 Collabspace Records.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Microsoft Azure Government Community Cloud (GCC) Cloud, US East 
datacenter. There is no physical location, it is in ``the cloud''.

SYSTEM MANAGER(S):
    Romona Jones, Records Officer, email <a href="/cdn-cgi/l/email-protection#d9abb3b6b7bcaa99bfb4baaaf7beb6af"><span class="__cf_email__" data-cfemail="5d2f373233382e1d3b303e2e733a322b">[email&#160;protected]</span></a>, call (202) 
606-3664, or send mail to Federal Mediation and Conciliation Service, 
250 E Street Southwest, Washington, DC 20427, Attn: Romona Jones.

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, Records Management by Federal 
Agencies, 44 U.S.C. 31, et seq., and Records Management by the 
Archivist of the United States by the Administrator of the General 
Services, 44 U.S.C. 29.

PURPOSE(S) OF THE SYSTEM:
    Collabspace is a Records Management and Retention system for 
managing all manner of records produced and maintained by FMCS.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The categories of individuals covered in the system are FMCS 
employees and the public.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The categories of records maintained in the system include names, 
email addresses, addresses, phone numbers, employer information, and 
other information found within agency records.

RECORD SOURCE CATEGORIES:
    Information in this system of records is provided by FMCS 
employees, the public, and other agencies.

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 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 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.
    (d) To officials of labor organizations and employers receiving 
services pursuant to 29 U.S.C. 172, et seq.
    (e) 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.
    (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 disclose information 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.
    (h) To the Department of Justice, including Offices of the U.S. 
Attorneys, or another Federal agency representing FMCS in pending or 
potential litigation 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;

[[Page 67093]]

    (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.
    (i) 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.
    (j) 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.
    (k) 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.
    (l) 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.
    (m) 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.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    These records are maintained electronically, and stored dependent 
on the policies and procedures of the records and record schedules 
within the system.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Collabspace has a Discovery search feature which allows for the 
retrieval of records by metadata or keywords such as name, address, or 
other identifiers. All searches must be properly authorized by the 
Office of the General Counsel (OGC) in writing. Only Discovery 
Administrators have access to the Discovery feature.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    All records are retained and disposed of in accordance with General 
Records Schedule issued by the National Archives and Records 
Administration (NARA) and the Agency's Comprehensive Schedule approved 
by NARA to include, but not limited to, administrative, legal, 
financial, historical, and electronic records.

ADMINSTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Electronic records are housed in a secure, FedRAMP-authorized cloud 
location that is secured with single-sign-on (SSO) multi-factor 
authentication. These records all require a username and password for 
login, are safeguarded in a secured environment, and are maintained in 
a secure, password-protected electronic system that utilize 
commensurate safeguards that may include firewalls, intrusion detection 
and prevention systems, and role-based access controls. 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'' 
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 <a href="http://fmcs.gov/foia/,via">fmcs.gov/foia/,via</a> email to 
<a href="/cdn-cgi/l/email-protection#7c0c0e150a1d1f053c1a111f0f521b130a"><span class="__cf_email__" data-cfemail="c2b2b0abb4a3a1bb82a4afa1b1eca5adb4">[email&#160;protected]</span></a>, 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 <a href="/cdn-cgi/l/email-protection#7606041f0017150f36101b150558111900"><span class="__cf_email__" data-cfemail="cbbbb9a2bdaaa8b28bada6a8b8e5aca4bd">[email&#160;protected]</span></a> or 
via mail to the Privacy Office at 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>. See 29 CFR 
1410.6.

NOTIFICATION PROCEDURES:
    See 29 CFR 1410.3(a), Individual access requests.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

    Dated: August 13, 2024.
Alisa Zimmerman,
Deputy General Counsel, Federal Mediation and Conciliation Service.
[FR Doc. 2024-18457 Filed 8-16-24; 8:45 am]
BILLING CODE 6732-01-P


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Indexed from Federal Register on August 19, 2024.

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.