[Federal Register Volume 87, Number 104 (Tuesday, May 31, 2022)]
[Notices]
[Pages 32416-32418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11617]


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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: To fulfill its conflict resolution, training, and outreach 
mission, Federal Mediation and Conciliation Service (FMCS) uses surveys 
to provide training and education, conduct interactive exercises, and 
create consensus during mediation and training meetings. For 
engagements with FMCS clients in meetings of all types, FMCS uses a 
collection of online engagement activity tools that includes Survey 
Monkey, Poll Everywhere, Microsoft Forms, and FacilitatePro, all of 
which are online licensed software platforms, for customers' meeting 
effectiveness, electronic flip charting, project management, requests 
for assistance, event registration, needs assessments, and surveys. 
FMCS will use surveys from clients to evaluate services and employee 
performance.

DATES: This system of records will be effective without further notice 
on [June 30, 2022 unless otherwise revised pursuant to comments 
received. New routine uses will be effective on June 30, 2022. Comments 
must be received on or before June 30, 2022.

ADDRESSES: You may send comments, identified by FMCS-0002, 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#a7c8c0c4e7c1cac4d489c0c8d1"><span class="__cf_email__" data-cfemail="a9c6cecae9cfc4cada87cec6df">[email protected]</span></a>. Include FMCS-0002 on the subject line 
of the message.
    <bullet> Fax: (202) 606-5444.

FOR FURTHER INFORMATION CONTACT: Anna Davis, Acting General Counsel, at 
202-606-3737 or <a href="/cdn-cgi/l/email-protection#2041444156495360464d43530e474f56"><span class="__cf_email__" data-cfemail="f9989d988f908ab99f949a8ad79e968f">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This describes a new system for FMCS and its 
customers for meeting effectiveness, electronic flip charting, project 
management, requests for assistance, event registration, and surveys.

    Dated: May 25, 2022.
Anna Davis,
Acting General Counsel.

SYSTEM NAME AND NUMBER:
    FMCS-0002 Survey Records.

SECURITY CLASSIFICATION:
    Unclassified.

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

SYSTEM MANAGER(S):
    Doug Jones, Director of Information Technology, email 
<a href="/cdn-cgi/l/email-protection#06626c6968637546606b657528616970"><span class="__cf_email__" data-cfemail="7d19171213180e3d1b101e0e531a120b">[email protected]</span></a>, or send mail to Federal Mediation and Conciliation 
Service, 250 E Street SW, Washington, DC 20427, Attn: Doug Jones.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Federal Mediation and Conciliation Service, 29 U.S.C. 172, et seq.; 
The National Labor Relations Act, 29 U.S.C. 151, et seq.; 
Administrative Dispute Resolution Act, 5 U.S.C. 571-584; Negotiated 
Rulemaking Act of 1990, 5 U.S.C. 561-570; the Federal Labor Relations 
Act, 5 U.S.C. 7119; and Departmental Regulations, 5 U.S.C. 301.

PURPOSE(S) OF THE SYSTEM:
    This system is maintained for the purposes of assessing parties' 
needs, engaging parties to a dispute in finding resolution, collecting 
and handling data for use in negotiations and mediations, engaging 
parties in virtual meetings, teaching problem-solving skills, and 
creating and receiving evaluations from parties on the quality of 
services they receive from FMCS by collecting information used during 
live training sessions for educational purposes.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The system encompasses all individuals participating in training 
and evaluation sessions, both virtually and in-person, with an FMCS 
Mediator, the FMCS staff referenced in the evaluations, and FMCS staff 
processing the evaluations. Also, this includes parties to mediation.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The system consists of records created or compiled during live 
training sessions and for purposes of evaluating FMCS's services. The 
system also includes FMCS employee and client responses to questions, 
surveys, and scenarios. These records include contact information for 
participants, and participant responses. System access records are also 
included (login

[[Page 32417]]

information for users and FMCS staff). Specifically, these engagement 
programs might collect information names, participant responses to 
open-ended questions, contributions to a brainstorming activity in 
training or mediation, ideas that represent possible dispute resolution 
options, and other data. In short, the data that arrives through these 
engagement tools is the same or similar information that would be 
available to an FMCS mediator in any in-person meeting with clients and 
is handled with the same degree of confidentiality as a mediator would 
handle paper or traditional written data-gathering methods.

RECORD SOURCE CATEGORIES:
    Information in this system of records is provided by FMCS clients 
or training registrants, conference attendees, and FMCS staff assigned 
to help process the survey results.

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 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 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 accompany an agency function related to 
this system of records.
    (f) 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.
    (g) 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.
    (h) 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 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.
    (i) 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.
    (j) To disclose to FMCS clients who participate in trainings and 
presentations to collect survey results and information during 
educational sessions to facilitate group discussions and learning.
    (k) To disclose to FMCS clients to facilitate mediation.
    (l) To disclose 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.
    (m) 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.
    (n) To disclose aggregate data from the surveys in support of 
research activities conducted by FMCS employees, other agencies, and 
educational institutions who collaborate with FMCS.
    (o) To distribute and present aggregate data received from the 
surveys for news, public relations, official agency social media, 
community affairs, and client services purposes.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    After the project is completed, data collected for the project is 
transferred to a Microsoft document or spreadsheet and sent to the 
project manager for determination of sharing, temporary storage, or 
destruction. Data collected is accessed through agency internal drives 
which require a username and password. Upon FMCS client request, these 
documents may be created in hard copy and provided to the client then 
destroyed when FMCS closes the case or ends the training or service.

[[Page 32418]]

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by the name or other programmatic identifier, 
including the date of the training or FMCS service.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Temporarily stored data or records received by the project manager 
is deleted by the end of the fiscal year unless there is a specific 
need to retain it longer.
    Records are retained and disposed of in accordance with General 
Records Schedule 4.2, issued by the National Archives and Records 
Administration.

ADMINSTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    FMCS maintains the FacilitatePro data and user profiles on its own 
servers and have an electronic backup system in place in the event of a 
system failure, as well as an alternative system consistent with 
requirements of Continuing of Operations Plan. The system requires a 
username and password which can only be created by FMCS. FMCS employee 
access to these systems is on a limited license basis and requires use 
of internal agency network and drives. Access is restricted, and 
accessible to limited FMCS Personnel such as the Project Manager, 
System Administrator, IT, and/or individuals in a need-to-know 
capacity. The other platforms mentioned above are web-based programs 
and require either FMCS Office 365 credentials, usernames and 
passwords, or both, in order to be used by an employee of FMCS.

RECORD ACCESS PROCEDURES:
    FMCS employees, both current and former, may request access to 
their own records used as the basis for their performance evaluations 
through the Office of Human Resources. For external users, Privacy Act 
requests may be completed pursuant to 29 CFR 1410.3, Individual access 
requests. Individuals must provide the following information for their 
records to be located and identified: (1) Full name, (2) Address, and 
(3) A specific description of the record content requested. Also, see 
https://www.fmcs.gov/privacy-policy/.

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 Privacy Office at 
<a href="/cdn-cgi/l/email-protection#2b5b59425d4a48526b4d464858054c445d"><span class="__cf_email__" data-cfemail="0e7e7c67786f6d774e68636d7d20696178">[email protected]</span></a> or via mail at Federal Mediation and Conciliation 
Service, 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.

[FR Doc. 2022-11617 Filed 5-27-22; 8:45 am]
BILLING CODE 6732-01-P


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