Billing Code 6732-01-P

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.

SUMMARY: Federal Mediation and Conciliation Service (FMCS) uses this system to 

process and administer practical, experience-based conflict resolution training for

individuals and groups in the federal, public, and private sectors. FMCS uses this system 

to register participants, provide accreditation information, and promote training and 

learning opportunities. 

DATES: This system of records will be effective without further notice on [INSERT 

DATE 30 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL 

REGISTER] unless otherwise revised pursuant to comments received. New routine uses 

will be effective on [INSERT DATE 30 DAYS AFTER DATE OF PUBLICATION 

IN THE FEDERAL REGISTER]. Comments must be received on or before [INSERT 

DATE 30 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL 

REGISTER].

ADDRESSES: You may send comments, identified by FMCS-00010, by any of the 

following methods:

• Mail: FMCS Institute, 250 E Street, SW, Washington, DC 20427.

• E-mail: register@fmcs.gov. Include FMCS-00010 on the subject line of the 

message.
FOR FURTHER INFORMATION CONTACT: Office of FMCS Institute, Heather 

Brown, Chief Learning Officer, call (202) 606-3627 or email hbrown@fmcs.gov.

SUPPLEMENTARY INFORMATION: In connection with FMCS’s mission, FMCS 

created the FMCS Institute to provide training courses concerning conflict resolution, 

arbitration, and mediation to the federal, public, and private sector employees. FMCS

uses this system to store information pertaining to registration, instructors, enrollment, 

courses, and schedules. This system is comprised of several components including Event 

Espresso, emails, internal FMCS drives, and internal FMCS databases. Payments for 

courses are made via pay.gov. In connection with this system, FMCS also receives 

applications for arbitration course instructors every two years. 

SYSTEM NAME AND NUMBER: FMCS - 00010 FMCS Institute Records.

SYSTEM LOCATION: Federal Mediation and Conciliation Service, Office of FMCS 

Institute, 250 E Street, SW, Washington, DC 20427.

SYSTEM MANAGER(S): Chief Learning Officer, Heather Brown, 250 E Street, SW, 

Washington, DC 20427, email hbrown@fmcs.gov or call (202) 606-5462. Event 

Espresso (Computer Technology Consultants), send mail to 10411 Motor City Drive,

Suite 325, Bethesda, MD 20817, or call (240) 547-0076. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 29 U.S.C § 172, et seq.,

and 29 CFR part 1403.

PURPOSE(S) OF THE SYSTEM: The purpose of the system is for collecting, 

processing, and maintaining participants’ basic contact registration information to

provide training and education services. The registration information is required to 
provide training, accreditation information, and to help determine locations for agency 

resources. The system assists in processing the online registration of participants for the 

training activities.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Individuals in 

this system include members of the public, federal, public, and private sector employees

who register for training, and federal employees who provide and support FMCS training 

services and course instructors. 

CATEGORIES OF RECORDS IN THE SYSTEM: The categories of records 

maintained in the system include the list of training programs, course descriptions, 

instructor applicant information, rosters, course evaluations, and registration details. The 

registrant information collected includes: first name, last name, email address, title, 

office, organization, address, room #/ mail code, city, state/province, zip/postal code, 

telephone and fax number, and country. 

RECORD SOURCE CATEGORIES: Information is provided by registrants through 

the online database registration program. Course instructors and applicants to be course 

instructors also provide information about education, background, and experience. 

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 facilitate the agency's response to a suspected or confirmed breach of its own 

records and to disclose information 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 disclose information to another Federal agency or Federal entity, when FMCS 

determines that information from this systems of records may reasonably be 

needed by another agency in responding to a suspected or confirmed breach 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 disclose to professional affiliations, licensing entities, and employers to verify 

attendance and course completion. 
m) To disclose, in a limited capacity, to a vendor or third party to provide requested 

accommodations associated with attendance, participation, registration, or 

instructor applicant information. 

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 to authorized Human Resources staff and designated deciding officials as 

determined by agency officials. Hard copy records are stored in a lock cabinet accessible 

to authorized Human resource staff and designated deciding officials as determined by 

agency policy. 

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS: The records are 

retrieved by the name or other programming identifier assigned to an individual in the 

electronic database.

POLICIES AND PRACTICES FOR RETENTION OF DISPOSAL OF RECORDS:

All records are retained and disposed of in accordance with General Records Schedule

6.5, issued by the National Archives and Records Administration. 

ADMINSTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS: The 

Administrative, technical, and physical security controls required for the system are 

defined in National Institute of Standards and Technology (NIST) Special Publication 

(SP)800-53 Rev 5, “Security and Privacy Controls for Federal Information Systems and 

Organizations”. These controls strengthen the information systems and the environment 

in which it operates.
The physical security safeguard is 24 hours on-site professional security staff who 

monitor access points. The use of equipment such as, hand scanners or video monitoring 

of activity, are kept in protected areas. Management ensures that only authorized parties 

are allowed physical access. The FMCS buildings are guarded and monitored by security 

personnel, cameras, ID checks, and other physical security measures.

Records are in a locked file storage area or stored electronically in locations only 

accessible to authorize personnel requiring agency security credentials. Access is 

restricted, and accessible to limited Human Resources and/or individuals in a need-toknow capacity. The Technical controls used on the system include a protected network 

developed by a trusted third-party contractor and only accessible to system 

administrators. The system is protected using a two-factor authentication log in system 

access.

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 privacy@fmcs.gov, or via mail to FMCS, 

Privacy Office, 250 E Street, SW, Washington, DC 20427. See 29 CFR 1410.3, 

Individual Access Requests. Certificates of course completion may be requested via 

email to fmcs_institute@fmcs.gov. 

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 privacy@fmcs.gov or send mail to FMCS, Privacy Office, 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

Dated: July 5, 2022.

Anna Davis,

Deputy General Counsel.