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: The Federal Mediation and Conciliation Service (FMCS) uses this system
to collect information to match FMCS employees with appropriate developmental
resources. The information collected is analyzed and used to determine training
modalities, mentors, or involvement in projects requiring special skills.
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. 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-0009 by any of the
following methods:
•

Mail: Office of General Counsel, 250 E Street, SW, Washington, DC 20427.

•

E-mail: register@fmcs.gov. Include FMCS-0009 on the subject line of the
message.

FOR FURTHER INFORMATION CONTACT: Anna Davis, General Counsel, at
adavis@fmcs.gov or 202-606-3737.
SUPPLEMENTARY INFORMATION:
The system collects information to match employees with individual
mediator/mentor matching tools, agency-wide training needs assessment, class mentor
selections, Conflict Management Professional program applications, and the Mediator

Skills Survey. The system will use Microsoft Forms, Microsoft SharePoint, and Survey
Monkey to collect information from FMCS employees.
SYSTEM NAME AND NUMBER: FMCS-0009 Internal Assessment Records.
SECURITY CLASSIFICATION: Unclassified.
SYSTEM LOCATION: Federal Mediation and Conciliation Service, 250 E Street, SW,
Washington, DC 20427.
SYSTEM MANAGER(S): Heather Brown, Chief Learning Officer, email
hbrown@fmcs.gov, call (202) 379-8542, or send mail to Federal Mediation and
Conciliation Service, 250 E Street Southwest, Washington, DC 20427, Attn: Heather
Brown.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Federal Mediation and
Conciliation Service, 29 U.S.C. 172, et seq., and Departmental Regulations, 5 U.S.C.
301.
PURPOSE(S) OF THE SYSTEM: The records in this system are used to match
employees with the appropriate developmental resources in alignment with three of the
four Strategic Goals in FMCS’s Four Year Strategic Plan 2022-2026. Three of the
Strategic Goals are: (1) Efficiently provide top-tier conflict management and prevention
services; (2) Increase agency-wide application and effectiveness of evidence-based
decision-making; and (4) Prioritize lifelong learning in support of agency mission and
individual professional development. The records collected is analyzed and used to
determine training modalities, mentors, or involvement in projects requiring special
skills.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: The categories
of individuals covered in the system are FMCS employees.

CATEGORIES OF RECORDS IN THE SYSTEM: The categories of records
maintained in the system include names, email addresses, and other information related to
professional capabilities, desired or needed skills, and general preferences.
RECORD SOURCE CATEGORIES: Information in this system of records is provided
by FMCS employees.
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 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.
c) To officials of labor organizations and employers receiving services pursuant
to 29 U.S.C. 172, et seq.
d) 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.
e) 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.
f) 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.
g) 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;
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.
h) 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.
i) To disclose data or information to other Federal agencies, educational
institutions, or FMCS clients who collaborate with FMCS to provide research
or statistical information, services, or training concerning conflict
management.
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 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.
m) 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.
n) 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.
o) To disclose information to the Office of Personnel Management (OPM) and to
the Equal Employment Opportunity Commission (EEOC) to respond to data
calls and reports about career development and training opportunities, number
of employees who use it, and other information or requests.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS: These records are
maintained electronically, and data collected is accessed through agency internal drives
which require a username and password.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS: Records are
retrieved by the name or other programmatic identifier such as a specific interest, skill, or
other agency needs.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF
RECORDS: All records are retained and disposed of in accordance with General
Records Schedule 6.1, issued by the National Archives and Records Administration
(NARA).
ADMINSTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS: Electronic
records are accessed on FMCS’s internal drives and through web browsers to the Internet

that 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 fmcs.gov/foia/,via email to privacy@fmcs.gov, or via mail to the Privacy
Office at FMCS 250 E Street SW Washington, D.C. 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 privacy@fmcs.gov or via mail
to the Privacy Office at FMCS 250 E Street, SW Washington, D.C. 20427. Also, see
https://www.fmcs.gov/privacy-policy/. 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: May 21, 2024.
Alisa Zimmerman,
Deputy General Counsel,
Federal Mediation and Conciliation Service.

[FR Doc. 2024-14239 Filed: 6/27/2024 8:45 am; Publication Date: 6/28/2024]