Privacy Act of 1974; System of Records, 43654-43679 [2020-15468]
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43654
Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices
FEDERAL RETIREMENT THRIFT
INVESTMENT BOARD
Privacy Act of 1974; System of
Records
Federal Retirement Thrift
Investment Board (FRTIB).
ACTION: Notice of a modified system of
records.
AGENCY:
Pursuant to the Privacy Act of
1974, the Federal Retirement Thrift
Investment Board (FRTIB) proposes to
modify multiple existing systems of
records notices to provide updated
routine uses in accordance with OMB
Memorandum M–17–12, to update the
format in accordance with OMB
Circular A–108, and to provide
descriptions of previously published
routine uses for purposes of consistency
and transparency. Contact information
is also being provided for the system
manager.
SUMMARY:
These systems will become
effective upon publication in today’s
Federal Register, with the exception of
the routine uses which will be effective
on August 17, 2020. FRTIB invites
written comments on the routine uses
and other aspects of this system of
records. Submit any comments by
August 17, 2020.
ADDRESSES: You may submit written
comments to FRTIB by any one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
website instructions for submitting
comments.
• Fax: 202–942–1676.
• Mail or Hand Delivery: Office of
General Counsel, Federal Retirement
Thrift Investment Board, 77 K Street NE,
Suite 1000, Washington, DC 20002.
FOR FURTHER INFORMATION CONTACT:
Megan Grumbine, General Counsel and
Senior Agency Official for Privacy,
Federal Retirement Thrift Investment
Board, Office of General Counsel, 77 K
Street NE, Suite 1000, Washington, DC
20002, (202) 942–1600. For access to
any of the FRTIB’s systems of records,
contact Amanda Haas, FOIA Officer,
Office of General Counsel, at the above
address and phone number.
SUPPLEMENTARY INFORMATION:
Descriptions of each system of record
are below.
FRTIB–2, Personnel Security
Investigation Files: Records contained
in this system are used to document and
support decisions regarding clearance
for access to sensitive FRTIB
information, and the ability to receive
the suitability, eligibility, and fitness for
service of applicants for federal
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employment and contract positions,
including students, interns, or
volunteers to the extent their duties
require access to federal facilities,
information systems, or applications.
FRTIB–5, Employee Payroll, Leave,
and Attendance Records: Records
contained in this system are used to
perform agency functions involving
employee leave, attendance, and
payments, including determinations
relating to the amounts to be paid to
employees, the distribution of pay
according to employee directions (for
allotments, to financial institutions, and
for other authorized purposes), and for
tax withholdings and other authorized
deductions.
FRTIB–7, Contractor and Consultant
Records: Records contained in this
system are used to collect and maintain
records on FRTIB contracts and
consultants.
FRTIB–9, Emergency Notification
Files: Records contained in this system
are used for contacting FRTIB
personnel, including FRTIB employees
and contractors, and other individuals
to respond to all emergencies, including
technical, manmade or natural disaster,
or other event affecting FRTIB
operations, and to contact FRTIB
personnel’s emergency contacts in the
event of an emergency. Information
from this system of records is also used
to prepare organizational charts, recall
and emergency notification rosters, and
directories for business continuity
planning purposes, locate individuals
on routine and/or emergency matters;
locate individuals during medical
emergencies, facility evacuations and
similar situations involving threats; and
similar administrative uses requiring
personnel data.
FRTIB–12, Debt Collection Records:
Records contained in this system are
used to maintain a record of individuals
and entities that are indebted to the
Board, a Federal agency, or a
Government corporation including, but
not limited to: participants,
beneficiaries, and alternate payees of the
Thrift Savings Plan; current and former
employees of the FRTIB; and
individuals who received payments to
which they are not entitled. The records
ensure that: Appropriate collection
action on debtors’ accounts is taking
and properly tracked, monies collected
are credited, and funds are returned to
the Board or appropriate agency at the
time the account is collected or closed.
FRTIB–14, Legal Case Files: Records
contained in this system are used to
assist FRTIB attorneys in providing legal
advice to FRTIB personnel on a wide
variety of legal issues; to collect the
information of any individual who is, or
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will be, in litigation with the Agency, as
well as the attorneys representing the
plaintiff(s) or defendant(s), response to
claims by employees, former employees,
and other individuals; to assist in the
settlement of claims against the
government; to represent FRTIB during
litigation; and to catalog, investigate,
litigate, or otherwise resolve any case or
matter handled by the Office of General
Counsel.
FRTIB–15, Internal Investigations of
Harassment and Hostile Work
Environment Allegations: Records
contained in this system are maintained
for the purpose of upholding FRTIB’s
policy to provide for a work
environment free from all forms of
harassment, including sexual
harassment, and harassment on the
basis of race, color, gender, national
origin, religion, sexual orientation, age,
genetic information, reprisal, parental
status, or disability.
FRTIB–16, Congressional
Correspondence Files: Records
contained in this system are maintained
to catalog and respond to
correspondence received from
congressional offices.
FRTIB–17, Telework and Alternative
Work Schedule Records: Records
contained in this system are collected
and maintained on prospective, current,
and former FRTIB employees who have
participated in, presently participate in,
or have sought to participate in FRTIB’s
Telework Program.
FRTIB–18, Reasonable
Accommodation Records: Records
contained in this system are collected
to: (1) Allow FRTIB to collect and
maintain records on prospective,
current, and former employees with
disabilities who request or receive a
reasonable accommodation by FRTIB;
(2) to track and report the processing of
requests for FRTIB-wide reasonable
accommodations to comply with
applicable laws and regulations; and (3)
to preserve and maintain the
confidentiality of medical information
submitted by or on behalf of applicants
or employees requesting a reasonable
accommodation.
FRTIB–19, Freedom of Information
Act Records: Records contained in this
system are collected to support the
processing of record access requests
made pursuant to the FOIA, whether
FRTIB receives such requests directly
from the requestor or via referral from
another agency. In addition, this system
is used to support litigation arising from
such requests and appeals, and to assist
FRTIB in carrying out any other
responsibilities under the FOIA.
On May 22, 2007, OMB issued
Memorandum M–07–16, Safeguarding
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Against and Responding to the Breach
of Personally Identifiable Information,
to the heads of all executive
departments and agencies. OMB
required agencies to publish a routine
use for their systems of records
specifically applying to the disclosure of
information in connection with
response and remedial efforts in the
event of a breach of personally
identifiable information. FRTIB
published a notice in the Federal
Register, 80 FR 43428 (July 22, 2015),
creating new general routine uses,
including one pertaining to breach
mitigation and notification, as required
by OMB M–07–16.
On January 3, 2017, OMB issued
Memorandum M–17–12, Preparing for
and Responding to a Breach of
Personally Identifiable Information, to
the heads of all executive departments
and agencies. OMB Memorandum M–
17–12 rescinds and replaces OMB
Memorandum M–07–16 and updates
agency routine use requirements for
responding to a breach. Specifically,
OMB Memorandum M–17–12 requires
all Senior Agency Officials for Privacy
to ensure that their agency’s System of
Records Notices include a routine use
for the disclosure of information
necessary to respond to a breach of the
agency’s personally identifiable
information. Additionally, OMB
Memorandum M–17–12 requires
agencies to add a routine use to ensure
that agencies are able to disclose records
in their systems of records that may
reasonably be needed by another agency
in responding to a breach. To satisfy the
routine use requirements in OMB
Memorandum M–17–12, FRTIB is
issuing this notice in the Federal
Register to modify the systems of
records notices that lack this routine
use.
Pursuant to OMB Memorandum M–
17–12, this notice: (1) Rescinds the
breach response routine use published
at 80 FR 43428 (July 22, 2015); (2)
revises the breach response routine use
for the FRTIB systems of records, listed
below; and (3) adds a new routine use
to the systems of records, listed below,
to ensure that the Agency can assist
another agency in responding to a
confirmed or suspected breach, as
appropriate. The routine uses have been
renumbered to incorporate the changes
in these routine uses. The FRTIB has
also included a contact phone number
for each associated system manager.
Finally, the FRTIB is making nonsubstantive revisions to the system of
records notice to align with the Office
of Management and Budget’s
recommended model in Circular A–108,
Federal Agency Responsibilities for
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Review, Reporting, and Publication
under the Privacy Act, appendix II.
In accordance with 5 U.S.C. 552a(r),
the Agency has provided a report to
OMB and to Congress on this notice of
modified systems of records.
Megan Grumbine,
General Counsel and Senior Agency Official
for Privacy.
SYSTEM NAME AND NUMBER:
FRTIB–2, Personnel Security
Investigation Files.
SECURITY CLASSIFICATION:
Most personnel identity verification
records are not classified. However, in
some cases, records of certain
individuals, or portions of some records
may be classified in the interest of
national security.
SYSTEM LOCATION:
Federal Retirement Thrift Investment
Board, 77 K Street NE, Suite 1000,
Washington, DC 20002. Records may
also be kept at an additional location as
backup for Business Continuity
purposes. For background investigations
adjudicated by the Office of Personnel
Management (OPM), OPM may retain
copies of those files pursuant to OPM/
Central-9, Personnel Investigations
Records.
SYSTEM MANAGER(S):
Chief, Business Continuity and
Security Services Division, 77 K Street
NE, Suite 1000, Washington, DC 20002,
(202) 942–1600.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 3301; 44 U.S.C. 3101; E.O.
10450; E.O. 13488; 5 CFR 731 and 736;
61 FR 6428; and Homeland Security
Presidential Directive 12.
PURPOSE(S) OF THE SYSTEM:
The records in this system of records
are used to document and support
decisions regarding clearance for access
to sensitive FRTIB information, the
ability to receive and the suitability,
eligibility, and fitness for service of
applicants for federal employment and
contract positions, including students,
interns, or volunteers to the extent their
duties require access to federal facilities,
information systems, or applications.
The records may also be used to help
streamline and make more efficient the
investigations and adjudications process
generally. The records may also be used
to document security violations and
supervisory actions taken in response to
such violations.
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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals who require regular,
ongoing access to FRTIB facilities,
information technology systems, or
sensitive information, including current
and former applicants for employment
or contracts, federal employees,
government contractors, students,
interns, volunteers, affiliates, experts,
instructors, and consultants to federal
programs who undergo a background
investigation for the purposes of
determining suitability for employment,
contractor fitness, credentialing for
HSPD–12, and/or access to FRTIB
facilities or information technology
systems. This system also includes
individuals accused of security
violations or found in violation of
FRTIB’s security policies.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name; former names; date and place
of birth; Social Security number; home
address; email address(es); phone
numbers; employment history;
residential history; education and
degrees earned; citizenship; passport
information; names, date and place of
birth, Social Security number, and
citizenship information for spouse or
cohabitant; the name and marriage
information for current and former
spouse(s); names of associates and
references and their contact
information; names, dates and places of
birth, citizenship, and address of
relatives; names of relatives who work
for the federal government; information
on foreign contacts and activities;
association records; information on
loyalty to the United States; criminal
history; mental health history;
information pertaining to drug use;
financial information; fingerprints;
information from the Internal Revenue
Service pertaining to income tax
returns; credit reports; information
pertaining to security clearances; other
agency reports furnished to FRTIB in
connection with the background
investigation process; summaries of
personal and third party interviews
conducted during the background
investigation; results of suitability
decisions; level of security clearance;
date of issuance of security clearance;
including, but not limited to forms such
as SF–85, SF–85P, SF–86, SF–87, SF–
306; FD–258; and other information
generated from above, where applicable.
Records pertaining to security
violations may contain information
pertaining to circumstances of the
violation; witness statements,
investigator’s notes, security violations;
agency action taken; requests for appeal;
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and documentation of agency action
taken in response to security violations.
RECORD SOURCE CATEGORIES:
Information is obtained from a variety
of sources including the employee,
contractor, or applicant via use of the
SF–85, SF–85P, SF–86 SF–306, or SF–
87, personal interviews with various
individuals, including, but not limited
to the subject of the investigation,
witnesses, present and former
employers, references, neighbors,
friends, co-workers, business associates,
teachers, landlords, family members, or
other associates who may have
information about the subject of the
investigation; investigative records and
notices of personnel actions furnished
by other federal agencies; records from
employers and former employers; public
records, such as court filings;
publications such as newspapers,
magazines, and periodicals; FBI
criminal history records and other
databases; police departments;
probation officials; prison officials
financial institutions and credit reports;
tax records; medical records and health
care providers; and educational
institutions. Security violation
information is obtained from a variety of
sources, such as guard reports, security
inspections, witnesses, supervisor’s
reports, audit reports.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:
Information about covered
individuals may be disclosed without
consent as permitted by the Privacy Act
of 1974, 5 U.S.C. 552a(b), and:
1. Routine Use—Audit: A record from
this system of records may be disclosed
to an agency, organization, or individual
for the purpose of performing an audit
or oversight operations as authorized by
law, but only such information as is
necessary and relevant to such audit or
oversight function when necessary to
accomplish an agency function related
to this system of records. Individuals
provided information under this routine
use are subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to FRTIB
officers and employees.
2. Routine Use—Clearance Processing:
A record from this system of records
may be disclosed to an appropriate
federal, state, local, tribal, foreign, or
international agency, if the information
is relevant and necessary to a requesting
agency’s decision concerning the hiring
or retention of an individual, or
issuance of a security clearance,
background investigation, license,
contract, grant, or other benefit, or if the
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information is relevant and necessary to
a FRTIB decision concerning the hiring
or retention of an employee, the
issuance of a security clearance, the
reporting of an investigation of an
employee, the letting of a contract, or
the issuance of a license, grant or other
benefit and when disclosure is
appropriate to the proper performance
of the official duties of the person
making the request.
3. Routine Use—Congressional
Inquiries: A record from this system of
records may be disclosed to a
Congressional office from the record of
an individual in response to an inquiry
from that Congressional office made at
the request of the individual to whom
the record pertains.
4. Routine Use—Contractors, et al.: A
record from this system of records may
be disclosed to contractors, grantees,
experts, consultants, the agents thereof,
and others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for
FRTIB, when necessary to accomplish
an agency function related to this
system of records. Individuals provided
information under this routine use are
subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to FRTIB
officers and employees.
5. Routine Use—Former Employees: A
record from this system of records may
be disclosed to a former employee of the
FRTIB, in accordance with applicable
regulations, for purposes of responding
to an official inquiry by a federal, state,
or local government entity or
professional licensing authority; or
facilitating communications with a
former employee that may be necessary
for personnel-related or other official
purposes where the FRTIB requires
information or consultation assistance
from the former employee regarding a
matter within that person’s former area
of responsibility.
6. Routine Use—Investigations, Third
Parties: A record from this system of
records may be disclosed to third parties
during the course of a law enforcement
investigation to the extent necessary to
obtain information pertinent to the
investigation, provided disclosure is
appropriate to the proper performance
of the official duties of the third party
officer making the disclosure.
7. Routine Use—Investigations, Other
Agencies: A record from this system of
records may be disclosed to appropriate
federal, state, local, tribal, or foreign
government agencies or multilateral
governmental organizations for the
purpose of investigating or prosecuting
the violations of, or for enforcing or
implementing, a statute, rule,
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regulation, order, license, or treaty
where FRTIB determines that the
information would assist in the
enforcement of civil or criminal laws.
8. Routine Use—Law Enforcement
Referrals: A record from this system of
records may be disclosed to an
appropriate federal, state, tribal, local,
international, or foreign agency or other
appropriate authority charged with
investigating or prosecuting a violation
or enforcing or implementing a law,
rule, regulation, or order, where a
record, either on its face or in
conjunction with other information,
indicates a violation or potential
violation of law, which includes
criminal, civil, or regulatory violations
and such disclosure is proper and
consistent with the official duties of the
person making the disclosure.
9. Routine Use—Litigation, DOJ or
Outside Counsel: A record from this
system of records may be disclosed to
the Department of Justice, FRTIB’s
outside counsel, other federal agency
conducting litigation or in proceedings
before any court, adjudicative or
administrative body, when: (1) FRTIB,
or (b) any employee of FRTIB in his or
her official capacity, or (c) any
employee of FRTIB in his or her
individual capacity where DOJ or FRTIB
has agreed to represent the employee, or
(d) the United States or any agency
thereof, is a party to the litigation or has
an interest in such litigation, and FRTIB
determines that the records are both
relevant and necessary to the litigation
and the use of such records is
compatible with the purpose for which
FRTIB collected the records.
10. Routine Use—Litigation,
Opposing Counsel: A record from this
system of records may be disclosed to a
court, magistrate, or administrative
tribunal in the course of presenting
evidence, including disclosures to
opposing counsel or witnesses in the
course of civil discovery, litigation, or
settlement negotiations or in connection
with criminal law proceedings or in
response to a subpoena.
11. Routine Use—NARA/Records
Management: A record from this system
of records may be disclosed to the
National Archives and Records
Administration (NARA) or other federal
government agencies pursuant to the
Federal Records Act.
12. Routine Use—Redress: A record
from this system of records may be
disclosed to a federal, state, tribal, local,
international, or foreign government
agency or entity for the purpose of
consulting with that agency or entity: (1)
To assist in making a determination
regarding redress for an individual in
connection with the operations of a
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FRTIB program; (2) for the purpose of
verifying the identity of an individual
seeking redress in connection with the
operations of a FRTIB program; or (3) for
the purpose of verifying the accuracy of
information submitted by an individual
who has requested such redress on
behalf of another individual.
14. Routine Use—Security Threat: A
record from this system of records may
be disclosed to federal and foreign
government intelligence or
counterterrorism agencies when FRTIB
reasonably believes there to be a threat
or potential threat to national or
international security for which the
information may be useful in countering
the threat or potential threat, when
FRTIB reasonably believes such use is to
assist in anti-terrorism efforts, and
disclosure is appropriate to the proper
performance of the official duties of the
person making the disclosure.
15. Routine Use—Retention of
Employee by Authorized Entity: A
record from this system of records may
be disclosed to any authorized source or
potential source from which
information is requested in the course of
an investigation concerning the
retention of an employee or other
personnel action (other than hiring), or
the retention of a security clearance,
contact, grant, license, or other benefit,
to the extent necessary to identify the
individual, to inform the source of the
nature and purpose of the investigation,
or to identify the type of information
requested.
16. Routine Use—Labor Relations: A
record from this system of records may
be disclosed to OPM, the Merit Systems
Protection Board, the Federal Labor
Relations Authority, the Office of
Special Counsel, or the Equal
Employment Opportunity Commission
to carry out its respective authorized
functions (under 5 U.S.C. 1103, 1204,
and 7105 and 42 U.S.C. 2000e–4, in that
order).
17. Routine Use—Private Relief
Legislation: A record from this system of
records may be disclosed to the Office
of Management and Budget when
necessary to the review of private relief
legislation pursuant to OMB Circular
No. A–19.
18. Routine Use—Retention of
Employee by Public Entity: A record
from this system of records may be
disclosed to a Federal, State, local,
foreign, or tribal or other public
authority the fact that this system of
records contains information relevant to
the retention of an employee, the
retention of a security clearance, the
letting of a contract, or the issuance or
retention of a license, grant, or other
benefit. The other agency or licensing
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organization may then make a request
supported by the written consent of the
individual for the entire record if it so
chooses. No disclosure will be made
unless the information has been
determined to be sufficiently reliable to
support a referral to another office
within the agency or to another Federal
agency for criminal, civil,
administrative personnel or regulatory
action.
19. Routine Use—News Media, Public
Interest: A record from this system of
records may be disclosed to the news
media or the general public, factual
information the disclosure of which
would be in the public interest and
which would not constitute an
unwarranted invasion of personal
privacy, consistent with Freedom of
Information Act standards.
20. Routine Use—National Security: A
record from this system of records may
be disclosed to a Federal, State, or local
agency, or other appropriate entities or
individuals, or through established
liaison channels to selected foreign
governments, in order to enable an
intelligence agency to carry out its
responsibilities under the National
Security Act of 1947 as amended, the
CIA Act of 1949 as amended, Executive
Order 12333 or any successor order,
applicable national security directives,
or classified implementing procedures
approved by the Attorney General and
promulgated pursuant to such statutes,
orders or directives
21. Routine Use—Breach Mitigation
and Notification: A record from this
system of records may be disclosed to
appropriate agencies, entities, and
persons when (1) FRTIB suspects or has
confirmed that there has been a breach
of the system of records, (2) FRTIB has
determined that as a result of the
suspected or confirmed breach there is
a risk of harm to individuals, FRTIB
(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 FRTIB’s efforts to
respond to the suspected or confirmed
breach or to prevent, minimize, or
remedy such harm.
22. Routine Use—Response to Breach
of Other Records: A record from this
system of records may be disclosed to
another Federal agency or Federal
entity, when FRTIB 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
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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.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records are maintained in paper and
electronic form, including on computer
databases, all of which are stored in a
secure location.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Background investigation files are
retrieved by any one or more of the
following identifiers: Name; Social
Security number; or other unique
identifier of the individual about whom
they are maintained.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
These records are retained and
disposed of in accordance with General
Records Schedule 18, item 22a,
approved by the National Archives and
Records Administration (NARA). The
records are disposed in accordance with
FRTIB disposal policies which call for
burning or shredding or deleting from
the Agency’s electronic record keeping
systems. Records are destroyed upon
notification of death or not later than
five years after separation or transfer of
employee to another agency or
department, whichever is applicable.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
FRTIB has adopted appropriate
administrative, technical, and physical
controls in accordance with FRTIB’s
security program to protect the security,
confidentiality, availability, and
integrity of the information, and to
ensure that records are not disclosed to
or accessed by unauthorized
individuals.
Paper records are stored in locked file
cabinets in areas of restricted access that
are locked after office hours. Electronic
records are stored on computer
networks and protected by assigning
usernames to individuals needing
access to the records and by passwords
set by unauthorized users that must be
changed periodically.
RECORD ACCESS PROCEDURES:
Individuals seeking to determine
whether this system of records contains
information about themselves should
submit a written request to the
appropriate entity below, and include
the following information:
a. Full name;
b. Any available information
regarding the type of record involved;
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c. The address to which the record
information should be sent; and
d. You must sign your request.
1. For records maintained by FRTIB,
submit a written request to the FOIA
Officer, FRTIB, 77 K Street NE,
Washington, DC 20002; or
2. For records maintained by the
Office of Personnel Management, submit
a written request to the FOI/PA, Office
of Personnel Management, Federal
Investigative Services, P.O. Box 618,
1137 Branchton Road, Boyers, PA
16018–0618.
Attorneys or other persons acting on
behalf of an individual must provide
written authorization from that
individual, such as a Power of Attorney,
in order for the representative to act on
their behalf. Individuals requesting
access must also comply with FRTIB’s
Privacy Act regulations regarding
verification of identity and access to
such records, available at 5 CFR part
1630.
SYSTEM NAME AND NUMBER:
CONTESTING RECORD PROCEDURES:
PURPOSE(S) OF THE SYSTEM:
See Record Access Procedures above.
NOTIFICATION PROCEDURES:
See Record Access Procedures above.
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EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(k)(2),
records in this system of records are
exempt from the requirements of
subsections (c)(3); (d); (e)(1); (e)(4)(G),
(H), (I); and (f) of 5 U.S.C. 552a.
provided, however, that if any
individual is denied any right, privilege,
or benefit that he or she would
otherwise be entitled to by federal law,
or for which he or she would otherwise
be eligible, as a result of the
maintenance of these records, such
material shall be provided to the
individual, except to the extent that the
disclosure of the material would reveal
the identity of a source who furnished
information to the Government with an
express promise that the identity of the
source would be held in confidence.
Pursuant to 5 U.S.C. 552a(k)(5),
records in this system of records are
exempt from the requirements of
subsections (c)(3); (d); (e)(1); (e)(4)(G),
(H), (I); and (f) of 5 U.S.C. 552a, but only
to the extent that the disclosure of such
material would reveal the identity of a
source who furnished information to the
Government under an express promise
that the identity of the source would be
held in confidence.
HISTORY:
55 FR 18949 (May 7, 1990); 62 FR
59708 (Nov. 4, 1997); 73 FR 50016 (Aug.
25, 2008); 77 FR 11534 (Feb. 27, 2012);
80 FR 43428 (July 22, 2015).
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18:19 Jul 16, 2020
Jkt 250001
FRTIB–5, Employee Payroll, Leave,
and Attendance Records.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Federal Retirement Thrift Investment
Board, 77 K Street NE, Suite 1000,
Washington, DC 20002. Records may
also be kept at an additional location as
backup for Business Continuity
purposes.
SYSTEM MANAGER(S):
For payroll records, FRTIB’s Human
Resources Officer, 77 K Street NE, Suite
1000, Washington, DC 20002, (202) 942–
1600. For leave and attendance records,
FRTIB’s Administrative Officer, 77 K
Street NE, Suite 1000, Washington, DC
20002, (202) 942–1600.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 8474; and 44 U.S.C. 3101.
This system of records is maintained
to perform agency functions involving
employee leave, attendance, and
payments, including determinations
relating to the amounts to be paid to
employees, the distribution of pay
according to employee directions (for
allotments, to financial institutions, and
for other authorized purposes), and for
tax withholdings and other authorized
deductions.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Current and former FRTIB employees,
including Special Government
Employees.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system of records includes
personnel information including,
names, addresses, Social Security
numbers, employee numbers, gender,
race or national origin, and disability
data; duty location; position data;
awards and bonus information;
employment verification information;
notifications of personnel actions; and
military and veterans data.
This system of records also includes
payroll information, including: Marital
status and number of dependents; child
support enforcement court orders;
information about taxes and other
deductions; debts owed to the FRTIB
and garnishment information; salary
data; retirement data; Thrift Savings
Plan contribution and loan amount; and
direct deposit information, including
financial institution.
This system of records also includes
time and attendance records including,
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Fmt 4701
Sfmt 4703
the number and type of hours worked;
overtime information, including
compensatory or credit time earned and
used; compensatory travel earned;
investigative case title and tracking
number (used to track time worked
associated with a specific case); Fair
Labor Standards Act (FLSA)
compensation; leave requests, balances,
and credits; leave charge codes; military
leave; and medical records as they
pertain to employee medical leave.
RECORD SOURCE CATEGORIES:
Subject individuals; subject
individuals’ supervisor(s); subject
individuals’ timekeeper(s); and the
Office of Personnel Management.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:
Information about covered
individuals may be disclosed without
consent as permitted by the Privacy Act
of 1974, 5 U.S.C. 552a(b), and:
1. Routine Use—Audit: A record from
this system of records may be disclosed
to an agency, organization, or individual
for the purpose of performing an audit
or oversight operations as authorized by
law, but only such information as is
necessary and relevant to such audit or
oversight function when necessary to
accomplish an agency function related
to this system of records. Individuals
provided information under this routine
use are subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to FRTIB
officers and employees.
2. Routine Use—Clearance Processing:
A record from this system of records
may be disclosed to an appropriate
federal, state, local, tribal, foreign, or
international agency, if the information
is relevant and necessary to a requesting
agency’s decision concerning the hiring
or retention of an individual, or
issuance of a security clearance,
background investigation, license,
contract, grant, or other benefit, or if the
information is relevant and necessary to
a FRTIB decision concerning the hiring
or retention of an employee, the
issuance of a security clearance, the
reporting of an investigation of an
employee, the letting of a contract, or
the issuance of a license, grant or other
benefit and when disclosure is
appropriate to the proper performance
of the official duties of the person
making the request.
3. Routine Use—Congressional
Inquiries: A record from this system of
records may be disclosed to a
Congressional office from the record of
an individual in response to an inquiry
from that Congressional office made at
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the request of the individual to whom
the record pertains.
4. Routine Use—Contractors, et al.: A
record from this system of records may
be disclosed to contractors, grantees,
experts, consultants, the agents thereof,
and others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for
FRTIB, when necessary to accomplish
an agency function related to this
system of records. Individuals provided
information under this routine use are
subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to FRTIB
officers and employees.
5. Routine Use—Debt Collection: A
record from this system of records may
be disclosed to the Department of
Justice, the Department of Treasury, or
to a consumer reporting agency for
collection action on any delinquent
debt, pursuant to 5 U.S.C. 552a(b)(12).
6. Routine Use—Former Employees: A
record from this system of records may
be disclosed to a former employee of the
FRTIB, in accordance with applicable
regulations, for purposes of responding
to an official inquiry by a federal, state,
or local government entity or
professional licensing authority; or
facilitating communications with a
former employee that may be necessary
for personnel-related or other official
purposes where the FRTIB requires
information or consultation assistance
from the former employee regarding a
matter within that person’s former area
of responsibility.
7. Routine Use—Investigations, Third
Parties: A record from this system of
records may be disclosed to third parties
during the course of a law enforcement
investigation to the extent necessary to
obtain information pertinent to the
investigation, provided disclosure is
appropriate to the proper performance
of the official duties of the third party
officer making the disclosure.
8. Routine Use—Investigations, Other
Agencies: A record from this system of
records may be disclosed to appropriate
federal, state, local, tribal, or foreign
government agencies or multilateral
governmental organizations for the
purpose of investigating or prosecuting
the violations of, or for enforcing or
implementing, a statute, rule,
regulation, order, license, or treaty
where FRTIB determines that the
information would assist in the
enforcement of civil or criminal laws.
9. Routine Use—Law Enforcement
Intelligence: A record from this system
of records may be disclosed to a federal,
state, tribal, local, or foreign government
agency or organization, or international
organization, lawfully engaged in
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18:19 Jul 16, 2020
Jkt 250001
collecting law enforcement intelligence
information, whether civil or criminal,
or charged with investigating,
prosecuting, enforcing or implementing
civil or criminal laws, related rules,
regulations or orders, to enable these
entities to carry out their law
enforcement responsibilities, including
the collection of law enforcement
intelligence.
10. Routine Use—Law Enforcement
Referrals: A record from this system of
records may be disclosed to an
appropriate federal, state, tribal, local,
international, or foreign agency or other
appropriate authority charged with
investigating or prosecuting a violation
or enforcing or implementing a law,
rule, regulation, or order, where a
record, either on its face or in
conjunction with other information,
indicates a violation or potential
violation of law, which includes
criminal, civil, or regulatory violations
and such disclosure is proper and
consistent with the official duties of the
person making the disclosure.
11. Routine Use—Litigation, DOJ or
Outside Counsel: A record from this
system of records may be disclosed to
the Department of Justice, FRTIB’s
outside counsel, other federal agency
conducting litigation or in proceedings
before any court, adjudicative or
administrative body, when: (1) FRTIB,
or (b) any employee of FRTIB in his or
her official capacity, or (c) any
employee of FRTIB in his or her
individual capacity where DOJ or FRTIB
has agreed to represent the employee, or
(d) the United States or any agency
thereof, is a party to the litigation or has
an interest in such litigation, and FRTIB
determines that the records are both
relevant and necessary to the litigation
and the use of such records is
compatible with the purpose for which
FRTIB collected the records.
12. Routine Use—Litigation,
Opposing Counsel: A record from this
system of records may be disclosed to a
court, magistrate, or administrative
tribunal in the course of presenting
evidence, including disclosures to
opposing counsel or witnesses in the
course of civil discovery, litigation, or
settlement negotiations or in connection
with criminal law proceedings or in
response to a subpoena.
13. Routine Use—NARA/Records
Management: A record from this system
of records may be disclosed to the
National Archives and Records
Administration (NARA) or other federal
government agencies pursuant to the
Federal Records Act.
14. Routine Use—Redress: A record
from this system of records may be
disclosed to a federal, state, tribal, local,
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Frm 00007
Fmt 4701
Sfmt 4703
43659
international, or foreign government
agency or entity for the purpose of
consulting with that agency or entity: (1)
To assist in making a determination
regarding redress for an individual in
connection with the operations of a
FRTIB program; (2) for the purpose of
verifying the identity of an individual
seeking redress in connection with the
operations of a FRTIB program; or (3) for
the purpose of verifying the accuracy of
information submitted by an individual
who has requested such redress on
behalf of another individual.
15. Routine Use—Security Threat: A
record from this system of records may
be disclosed to federal and foreign
government intelligence or
counterterrorism agencies when FRTIB
reasonably believes there to be a threat
or potential threat to national or
international security for which the
information may be useful in countering
the threat or potential threat, when
FRTIB reasonably believes such use is to
assist in anti-terrorism efforts, and
disclosure is appropriate to the proper
performance of the official duties of the
person making the disclosure.
16. Routine Use—Disclosure for
Purpose of Payment to Employees: A
record from this system may be
disclosed to the United States
Department of the Interior, the United
States Department of Labor, and the
United States Department of the
Treasury to effect payments to
employees.
17. Routine Use—Offset of Salary:
Payments owed to FRTIB through
current and former employees may be
shared with the Department of the
Interior for the purposes of offsetting the
employee’s salary. Payments owed to
FRTIB through current and former
employees who become delinquent in
repaying the necessary funds may be
shared with the Department of Treasury
for the purpose of offsetting the
employee’s salary.
18. Routine Use—Breach Mitigation
and Notification: A record from this
system may be disclosed to appropriate
agencies, entities, and persons when (1)
FRTIB suspects or has confirmed that
there has been a breach of the system of
records, (2) FRTIB has determined that
as a result of the suspected or confirmed
breach there is a risk of harm to
individuals, FRTIB (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 FRTIB’s efforts to
respond to the suspected or confirmed
breach or to prevent, minimize, or
remedy such harm.
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19. Routine Use—Response to Breach
of Other Records: A record from this
system may be disclosed to another
Federal agency or Federal entity, when
FRTIB 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.
Records are maintained in paper and
electronic form, including on computer
databases, all of which are stored in a
secure location.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are retrieved by name; or
Social Security number.
Records are maintained in accordance
with the General Records Schedules
issued by the National Archives and
Records Administration (NARA) or an
FRTIB records disposition schedule.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
FRTIB has adopted appropriate
administrative, technical, and physical
controls in accordance with FRTIB’s
security program to protect the security,
confidentiality, availability, and
integrity of the information, and to
ensure that records are not disclosed to
or accessed by unauthorized
individuals.
Paper records are stored in locked file
cabinets in areas of restricted access that
are locked after office hours. Electronic
records are stored on computer
networks and protected by assigning
usernames to individuals needing
access to the records and by passwords
set by unauthorized users that must be
changed periodically.
khammond on DSKJM1Z7X2PROD with NOTICES2
RECORD ACCESS PROCEDURES:
Individuals seeking to determine
whether this system of records contains
information about themselves should
submit a written request to the FOIA
Officer, FRTIB, 77 K Street NE,
Washington, DC 20002, and include the
following information:
a. Full name;
b. Any available information
regarding the type of record involved;
c. The address to which the record
information should be sent; and
Jkt 250001
See Record Access Procedures above.
NOTIFICATION PROCEDURES:
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
HISTORY:
55 FR 18949 (May 7, 1990); 62 FR
66097 (Dec. 17, 1997); 77 FR 11534
(Feb. 27, 2012); 80 FR 43428 (July 22,
2015).
FRTIB–7, Contractor and Consultant
Records.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Federal Retirement Thrift Investment
Board, 77 K Street NE, Suite 1000,
Washington, DC 20002. Records may
also be kept at an additional location as
backup for Business Continuity
purposes.
SYSTEM MANAGER(S):
Chief Procurement Officer, Federal
Retirement Thrift Investment Board, 77
K Street NE, Suite 1000, Washington,
DC 20002, (202) 942–1600.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 8474; 5 U.S.C. 3301; and 44
U.S.C. 3101.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system of records
is to collect and maintain records on
FRTIB contractors and consultants.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals retained by formal
agreement, who: (1) Provide consulting
services to the Board; (2) act as advisors
to the Board, but do not maintain the
independence of action necessary to
meet the requirements for classification
as an independent contractor; and (3)
any other individuals who receive
payments from FRTIB.
CATEGORIES OF RECORDS IN THE SYSTEM:
Acquisition data for the procurement
of goods and services, including, but not
PO 00000
Frm 00008
limited to: Documents, letters,
memorandum of understanding relating
to agreements; rates of pay; payment
records; vouchers; invoices; selection
information; Commercial and
Government Entity (CAGE) codes; Dun
and Bradstreet Data Universal
Numbering System (DUNS) numbers;
supplier status; website; name; address;
taxpayer identification number; Social
Security numbers; bank information;
invoice data; resumes; SAC forms; and
other information relating to the
disbursement of funds. This system of
records also contains information
pertaining to the negotiation;
implementation; scope; and
performance of work.
RECORD SOURCE CATEGORIES:
None.
SYSTEM NAME AND NUMBER:
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
18:19 Jul 16, 2020
CONTESTING RECORD PROCEDURES:
See Record Access Procedures above.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
VerDate Sep<11>2014
d. You must sign your request.
Attorneys or other persons acting on
behalf of an individual must provide
written authorization from that
individual, such as a Power of Attorney,
in order for the representative to act on
their behalf. Individuals requesting
access must also comply with FRTIB’s
Privacy Act regulations regarding
verification of identity and access to
such records, available at 5 CFR part
1630.
Fmt 4701
Sfmt 4703
Information in this system of records
is obtained from the individual to whom
it applies or is derived from information
supplied by the individual, except
information provided by Board staff.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:
Information about covered
individuals may be disclosed without
consent as permitted by the Privacy Act
of 1974, 5 U.S.C. 552a(b), and:
1. Routine Use—Audit: A record from
this system of records may be disclosed
to an agency, organization, or individual
for the purpose of performing an audit
or oversight operations as authorized by
law, but only such information as is
necessary and relevant to such audit or
oversight function when necessary to
accomplish an agency function related
to this system of records. Individuals
provided information under this routine
use are subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to FRTIB
officers and employees.
2. Routine Use—Congressional
Inquiries: A record from this system of
records may be disclosed to a
Congressional office from the record of
an individual in response to an inquiry
from that Congressional office made at
the request of the individual to whom
the record pertains.
3. Routine Use—Contractors, et al.: A
record from this system of records may
be disclosed to contractors, grantees,
experts, consultants, the agents thereof,
and others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for
FRTIB, when necessary to accomplish
an agency function related to this
system of records. Individuals provided
information under this routine use are
subject to the same Privacy Act
requirements and limitations on
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disclosure as are applicable to FRTIB
officers and employees.
4. Routine Use—Debt Collection: A
record from this system of records may
be disclosed to the Department of
Justice, the Department of Treasury, or
to a consumer reporting agency for
collection action on any delinquent
debt, pursuant to 5 U.S.C. 552a(b)(12).
5. Routine Use—Former Employees: A
record from this system of records may
be disclosed to a former employee of the
FRTIB, in accordance with applicable
regulations, for purposes of responding
to an official inquiry by a federal, state,
or local government entity or
professional licensing authority; or
facilitating communications with a
former employee that may be necessary
for personnel-related or other official
purposes where the FRTIB requires
information or consultation assistance
from the former employee regarding a
matter within that person’s former area
of responsibility.
6. Routine Use—Investigations, Third
Parties: A record from this system of
records may be disclosed to third parties
during the course of a law enforcement
investigation to the extent necessary to
obtain information pertinent to the
investigation, provided disclosure is
appropriate to the proper performance
of the official duties of the third party
officer making the disclosure.
7. Routine Use—Investigations, Other
Agencies: A record from this system of
records may be disclosed to appropriate
federal, state, local, tribal, or foreign
government agencies or multilateral
governmental organizations for the
purpose of investigating or prosecuting
the violations of, or for enforcing or
implementing, a statute, rule,
regulation, order, license, or treaty
where FRTIB determines that the
information would assist in the
enforcement of civil or criminal laws.
8. Routine Use—Law Enforcement
Intelligence: A record from this system
of records may be disclosed to a federal,
state, tribal, local, or foreign government
agency or organization, or international
organization, lawfully engaged in
collecting law enforcement intelligence
information, whether civil or criminal,
or charged with investigating,
prosecuting, enforcing or implementing
civil or criminal laws, related rules,
regulations or orders, to enable these
entities to carry out their law
enforcement responsibilities, including
the collection of law enforcement
intelligence.
9. Routine Use—Law Enforcement
Referrals: A record from this system of
records may be disclosed to an
appropriate federal, state, tribal, local,
international, or foreign agency or other
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18:19 Jul 16, 2020
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appropriate authority charged with
investigating or prosecuting a violation
or enforcing or implementing a law,
rule, regulation, or order, where a
record, either on its face or in
conjunction with other information,
indicates a violation or potential
violation of law, which includes
criminal, civil, or regulatory violations
and such disclosure is proper and
consistent with the official duties of the
person making the disclosure.
10. Routine Use—Litigation, DOJ or
Outside Counsel: A record from this
system of records may be disclosed to
the Department of Justice, FRTIB’s
outside counsel, other federal agency
conducting litigation or in proceedings
before any court, adjudicative or
administrative body, when: (1) FRTIB,
or (b) any employee of FRTIB in his or
her official capacity, or (c) any
employee of FRTIB in his or her
individual capacity where DOJ or FRTIB
has agreed to represent the employee, or
(d) the United States or any agency
thereof, is a party to the litigation or has
an interest in such litigation, and FRTIB
determines that the records are both
relevant and necessary to the litigation
and the use of such records is
compatible with the purpose for which
FRTIB collected the records.
11. Routine Use—Litigation,
Opposing Counsel: A record from this
system of records may be disclosed to a
court, magistrate, or administrative
tribunal in the course of presenting
evidence, including disclosures to
opposing counsel or witnesses in the
course of civil discovery, litigation, or
settlement negotiations or in connection
with criminal law proceedings or in
response to a subpoena.
12. Routine Use—NARA/Records
Management: A record from this system
of records may be disclosed to the
National Archives and Records
Administration (NARA) or other federal
government agencies pursuant to the
Federal Records Act.
13. Routine Use—Redress: A record
from this system of records may be
disclosed to a federal, state, tribal, local,
international, or foreign government
agency or entity for the purpose of
consulting with that agency or entity: (1)
To assist in making a determination
regarding redress for an individual in
connection with the operations of a
FRTIB program; (2) for the purpose of
verifying the identity of an individual
seeking redress in connection with the
operations of a FRTIB program; or (3) for
the purpose of verifying the accuracy of
information submitted by an individual
who has requested such redress on
behalf of another individual.
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43661
14. Routine Use—Security Threat: A
record from this system of records may
be disclosed to federal and foreign
government intelligence or
counterterrorism agencies when FRTIB
reasonably believes there to be a threat
or potential threat to national or
international security for which the
information may be useful in countering
the threat or potential threat, when
FRTIB reasonably believes such use is to
assist in anti-terrorism efforts, and
disclosure is appropriate to the proper
performance of the official duties of the
person making the disclosure.
15. Routine Use—Testing: A record
from this system of records may be
disclosed to appropriate federal, state,
local, tribal, or foreign governmental
agencies or multilateral governmental
organizations where FRTIB is aware of
a need to utilize relevant data for
purposes of testing new technology and
systems designed to enhance security or
identify other violations of law.
16. Routine Use—Payments to
Consultants and Vendors: A record from
this system of records may be disclosed
to the United States Department of the
Treasury to effect payments to
consultants and vendors, or to verify
consultants’ and vendors’ eligibility to
receive payments.
17. Routine Use—Breach Mitigation
and Notification: A record from this
system may be disclosed to appropriate
agencies, entities, and persons when (1)
FRTIB suspects or has confirmed that
there has been a breach of the system of
records, (2) FRTIB has determined that
as a result of the suspected or confirmed
breach there is a risk of harm to
individuals, FRTIB (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 FRTIB’s efforts to
respond to the suspected or confirmed
breach or to prevent, minimize, or
remedy such harm.
18. Routine Use—Response to Breach
of Other Records: A record from this
system may be disclosed to another
Federal agency or Federal entity, when
FRTIB 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.
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POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records are maintained in paper and
electronic form, including on computer
databases, all of which are stored in a
secure location.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Routine procurement files are
retained for 6 years and 3 months, in
accordance with the General Records
Schedule 3, item 3. Procurement files
involving investments and other
information concerning the Thrift
Savings Plan are retained for 99 years.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
FRTIB has adopted appropriate
administrative, technical, and physical
controls in accordance with FRTIB’s
security program to protect the security,
confidentiality, availability, and
integrity of the information, and to
ensure that records are not disclosed to
or accessed by unauthorized
individuals.
Paper records are stored in locked file
cabinets in areas of restricted access that
are locked after office hours. Electronic
records are stored on computer
networks and protected by assigning
usernames to individuals needing
access to the records and by passwords
set by unauthorized users that must be
changed periodically.
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RECORD ACCESS PROCEDURES:
Individuals seeking to determine
whether this system of records contains
information about themselves should
submit a written request to the FOIA
Officer, FRTIB, 77 K Street NE, Suite
1000, Washington, DC 20002, and
include the following information:
a. Full name;
b. Any available information
regarding the type of record involved;
c. The address to which the record
information should be sent; and
d. You must sign your request.
Attorneys or other persons acting on
behalf of an individual must provide
written authorization from that
individual, such as a Power of Attorney,
in order for the representative to act on
their behalf. Individuals requesting
access must also comply with FRTIB’s
Privacy Act regulations regarding
Jkt 250001
See Record Access Procedures above.
See Record Access Procedures above.
Contractor and consultant files are
retrieved by any one or more of the
following identifiers: Name of the
contractor; name of the vendor or
contractor; voucher number and date; or
other unique identifier about whom
they are maintained.
18:19 Jul 16, 2020
CONTESTING RECORD PROCEDURES:
NOTIFICATION PROCEDURES:
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
VerDate Sep<11>2014
verification of identity and access to
such records, available at 5 CFR part
1630.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY: 55 FR 18949 (May 7, 1990);
77 FR 11534 (Feb. 27, 2012); 81 FR 7106
(Feb. 10, 2016).
SYSTEM NAME AND NUMBER:
FRTIB–9, Emergency Notification
Files.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are located at the Federal
Retirement Thrift Investment Board, 77
K Street NE, Suite 1000, Washington,
DC 20002. Records may also be located
in additional locations in connection
with cloud-based services and kept at an
additional location as backup for
Business Continuity purposes.
SYSTEM MANAGER(S):
Chief, Business Continuity and
Security Services Division, 77 K Street
NE, Suite 1000, Washington, DC 20002,
(202) 942–1600.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 8474; 44 U.S.C. 3101; E.O.
12656; and Presidential Decision
Directive 67.
PURPOSE(S) OF THE SYSTEM:
This system of records is maintained
for contacting FRTIB personnel,
including FRTIB employees and
contractors, and other individuals to
respond to all emergencies, including
technical, manmade or natural disaster,
or other event affecting FRTIB
operations, and to contact FRTIB
personnel’s emergency contacts in the
event of an emergency. Information
from this system of records is also used
to prepare organizational charts, recall
and emergency notification rosters, and
directories for business continuity
planning purposes, locate individuals
on routine and/or emergency matters;
locate individuals during medical
emergencies, facility evacuations and
similar situations involving threats; and
similar administrative uses requiring
personnel data.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Civilian and contractor personnel
working at the FRTIB located at 77 K
PO 00000
Frm 00010
Fmt 4701
Sfmt 4703
Street NE, Washington, DC 20002;
former employees; and individuals
designated as emergency points of
contact.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system of records contains
information regarding the following
emergency contact information for
FRTIB employees, and contractor
personnel: Name; organizational office,
or organizational name of contractor;
title; position and duty status; name of
supervisor; any volunteered medical
information; office telephone number;
government or business email address;
home address; home and cell phone
numbers; personal email address(es);
the identification of essential and nonessential employees; and other personal
contact information. This system also
contains the following information for
the FRTIB employee or contractor’s
emergency contact: name; relationship
to FRTIB employee or contractor; work
address; home address; office telephone
number; home and cell phone numbers;
and email address(es).
RECORD SOURCE CATEGORIES:
Information is provided by the
individual who is the subject of the
record.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:
Information about covered
individuals may be disclosed without
consent as permitted by the Privacy Act
of 1974, 5 U.S.C. 552a(b), and:
1. Routine Use—Audit: A record from
this system of records may be disclosed
to an agency, organization, or individual
for the purpose of performing an audit
or oversight operations as authorized by
law, but only such information as is
necessary and relevant to such audit or
oversight function when necessary to
accomplish an agency function related
to this system of records. Individuals
provided information under this routine
use are subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to FRTIB
officers and employees.
2. Routine Use—Congressional
Inquiries: A record from this system of
records may be disclosed to a
Congressional office from the record of
an individual in response to an inquiry
from that Congressional office made at
the request of the individual to whom
the record pertains.
3. Routine Use—Contractors, et al.: A
record from this system of records may
be disclosed to contractors, grantees,
experts, consultants, the agents thereof,
and others performing or working on a
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contract, service, grant, cooperative
agreement, or other assignment for
FRTIB, when necessary to accomplish
an agency function related to this
system of records. Individuals provided
information under this routine use are
subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to FRTIB
officers and employees.
4. Routine Use—Former Employees: A
record from this system of records may
be disclosed to a former employee of the
FRTIB, in accordance with applicable
regulations, for purposes of responding
to an official inquiry by a federal, state,
or local government entity or
professional licensing authority; or
facilitating communications with a
former employee that may be necessary
for personnel-related or other official
purposes where the FRTIB requires
information or consultation assistance
from the former employee regarding a
matter within that person’s former area
of responsibility.
5. Routine Use—Investigations, Third
Parties: A record from this system of
records may be disclosed to third parties
during the course of a law enforcement
investigation to the extent necessary to
obtain information pertinent to the
investigation, provided disclosure is
appropriate to the proper performance
of the official duties of the third party
officer making the disclosure.
6. Routine Use—Investigations, Other
Agencies: A record from this system of
records may be disclosed to appropriate
federal, state, local, tribal, or foreign
government agencies or multilateral
governmental organizations for the
purpose of investigating or prosecuting
the violations of, or for enforcing or
implementing, a statute, rule,
regulation, order, license, or treaty
where FRTIB determines that the
information would assist in the
enforcement of civil or criminal laws.
7. Routine Use—Law Enforcement
Referrals: A record from this system of
records may be disclosed to an
appropriate federal, state, tribal, local,
international, or foreign agency or other
appropriate authority charged with
investigating or prosecuting a violation
or enforcing or implementing a law,
rule, regulation, or order, where a
record, either on its face or in
conjunction with other information,
indicates a violation or potential
violation of law, which includes
criminal, civil, or regulatory violations
and such disclosure is proper and
consistent with the official duties of the
person making the disclosure.
8. Routine Use—Litigation, DOJ or
Outside Counsel: A record from this
system of records may be disclosed to
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18:19 Jul 16, 2020
Jkt 250001
the Department of Justice, FRTIB’s
outside counsel, other federal agency
conducting litigation or in proceedings
before any court, adjudicative or
administrative body, when: (1) FRTIB,
or (b) any employee of FRTIB in his or
her official capacity, or (c) any
employee of FRTIB in his or her
individual capacity where DOJ or FRTIB
has agreed to represent the employee, or
(d) the United States or any agency
thereof, is a party to the litigation or has
an interest in such litigation, and FRTIB
determines that the records are both
relevant and necessary to the litigation
and the use of such records is
compatible with the purpose for which
FRTIB collected the records.
9. Routine Use—Litigation, Opposing
Counsel: A record from this system of
records may be disclosed to a court,
magistrate, or administrative tribunal in
the course of presenting evidence,
including disclosures to opposing
counsel or witnesses in the course of
civil discovery, litigation, or settlement
negotiations or in connection with
criminal law proceedings or in response
to a subpoena.
10. Routine Use—NARA/Records
Management: A record from this system
of records may be disclosed to the
National Archives and Records
Administration (NARA) or other federal
government agencies pursuant to the
Federal Records Act.
11. Routine Use—Redress: A record
from this system of records may be
disclosed to a federal, state, tribal, local,
international, or foreign government
agency or entity for the purpose of
consulting with that agency or entity: (1)
To assist in making a determination
regarding redress for an individual in
connection with the operations of a
FRTIB program; (2) for the purpose of
verifying the identity of an individual
seeking redress in connection with the
operations of a FRTIB program; or (3) for
the purpose of verifying the accuracy of
information submitted by an individual
who has requested such redress on
behalf of another individual.
12. Routine Use—Security Threat: A
record from this system of records may
be disclosed to federal and foreign
government intelligence or
counterterrorism agencies when FRTIB
reasonably believes there to be a threat
or potential threat to national or
international security for which the
information may be useful in countering
the threat or potential threat, when
FRTIB reasonably believes such use is to
assist in anti-terrorism efforts, and
disclosure is appropriate to the proper
performance of the official duties of the
person making the disclosure.
PO 00000
Frm 00011
Fmt 4701
Sfmt 4703
43663
13. Routine Use—Testing: A record
from this system of records may be
disclosed to appropriate federal, state,
local, tribal, or foreign governmental
agencies or multilateral governmental
organizations where FRTIB is aware of
a need to utilize relevant data for
purposes of testing new technology and
systems designed to enhance security or
identify other violations of law.
14. Routine Use—Medical Emergency:
A record in this system of records may
be disclosed to family members,
emergency medical personnel, or to law
enforcement officials in case of a
medical or other emergency involving
the subject individual (without the
subsequent notification prescribed in 5
U.S.C. 552a(b)(8)).
15. Routine Use—Breach Mitigation
and Notification: A record from this
system may be disclosed to appropriate
agencies, entities, and persons when (1)
FRTIB suspects or has confirmed that
there has been a breach of the system of
records, (2) FRTIB has determined that
as a result of the suspected or confirmed
breach there is a risk of harm to
individuals, FRTIB (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 FRTIB’s efforts to
respond to the suspected or confirmed
breach or to prevent, minimize, or
remedy such harm.
16. Routine Use—Response to Breach
of Other Records: A record from this
system may be disclosed to another
Federal agency or Federal entity, when
FRTIB 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.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records are maintained electronically
in computer databases, including cloudbased services, and on paper in secure
facilities in a locked drawer behind a
secured-access door.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are retrieved by the name of
the individual on whom they are
maintained, and may also be retrieved
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HISTORY:
by the individual’s title or phone
number.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are maintained as long as the
individual is an employee or contractor
for the Agency. Expired records are
destroyed by shredding or purging from
the Agency’s electronic recordkeeping
systems.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
FRTIB has adopted appropriate
administrative, technical, and physical
controls in accordance with FRTIB’s
security program to protect the security,
confidentiality, availability, and
integrity of the information, and to
ensure that records are not disclosed to
or accessed by unauthorized
individuals.
Paper records are stored in locked file
cabinets in areas of restricted access that
are locked after office hours. Electronic
records are stored on computer
networks and protected by assigning
usernames to individuals needing
access to the records and by passwords
set by unauthorized users that must be
changed periodically.
RECORD ACCESS PROCEDURES:
khammond on DSKJM1Z7X2PROD with NOTICES2
Individuals seeking to determine
whether this system of records contains
information about themselves should
submit a written request to the FOIA
Officer, FRTIB, 77 K Street NE, Suite
1000, Washington, DC 20002, and
include the following information:
a. Full name;
b. Any available information
regarding the type of record involved;
c. The address to which the record
information should be sent; and
d. You must sign your request.
Attorneys or other persons acting on
behalf of an individual must provide
written authorization from that
individual, such as a Power of Attorney,
in order for the representative to act on
their behalf. Individuals requesting
access must also comply with FRTIB’s
Privacy Act regulations regarding
verification of identity and access to
such records, available at 5 CFR part
1630.
CONTESTING RECORD PROCEDURES:
See Record Access Procedures above.
NOTIFICATION PROCEDURES:
See Record Access Procedures above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
VerDate Sep<11>2014
18:19 Jul 16, 2020
Jkt 250001
55 FR 18949 (May 7, 1990); 71 FR
64706 (Nov. 3, 2006); 77 FR 11534 (Feb.
27, 2012); 80 FR 43428 (July 22, 2015).
SYSTEM NAME AND NUMBER:
FRTIB–12, Debt Collection Records.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at the Federal
Retirement Thrift Investment Board, 77
K Street NE, Suite 1000, Washington,
DC 20002. Records may also be
maintained at an additional location for
Business Continuity Purposes.
SYSTEM MANAGER(S):
Director, Office of Participant
Services, Federal Retirement Thrift
Investment Board, 77 K Street NE, Suite
1000, Washington, DC 20002, (202) 942–
1600.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 8474; 5 U.S.C. 301; 31 U.S.C.
3711(a); and 44 U.S.C. 3101.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to
maintain a record of individuals and
entities that are indebted to the Board,
a Federal agency, or a Government
corporation including, but not limited
to: participants, beneficiaries, and
alternate payees of the Thrift Savings
Plan; current and former employees of
the FRTIB; and individuals who
received payments to which they are not
entitled. The records ensure that:
Appropriate collection action on
debtors’ accounts is taking and properly
tracked, monies collected are credited,
and funds are returned to the Board or
appropriate agency at the time the
account is collected or closed.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Records are maintained on
individuals and entities that are
financially indebted to the Board,
including, but not limited to:
Participants, beneficiaries, and alternate
payees of the Thrift Savings Plan;
current and former employees of the
FRTIB; individuals who are consultants
and vendors to FRTIB; and individuals
who received payments to which they
are not entitled.
CATEGORIES OF RECORDS IN THE SYSTEM:
Information varies depending on the
individual debtor, the type of
indebtedness, and the agency or
program to which monies are owed. The
system of records contains information
including but not limited to: (1)
PO 00000
Frm 00012
Fmt 4701
Sfmt 4703
Individuals and commercial
organizations, such as name, Taxpayer
Identification Number (i.e., Social
Security Number or Employer
Identification Number), business and
home addresses, and business and home
telephone numbers; (2) the
indebtedness, such as the original
amount of the debt, the date the debt
originated, the amount of the
delinquency/default, the date of the
delinquency/default, basis of the debt,
amounts accrued for interest, penalties,
and administrative costs, and payments
on the account; (3) actions taken to
recover the debt, such as copies of
demand letters/invoices, and documents
required for the referral of accounts to
collection agencies, or for litigation; (4)
debtor and creditor agencies, such as
name, telephone number, and address of
the agency contact; (5) information for
location purposes, including
information pertaining to child support
cases, Mandatory Victims Restitution
Act (MVRA) cases, and tax levies; and
(6) other relevant records relating to a
debt including the amount, status, and
history of the debt, and the program
under which the debt arose.
RECORD SOURCE CATEGORIES:
Information in this system of records
is obtained from subject individuals; the
individual entity; the Board; creditor
agencies; Federal employing agencies;
Government corporations; debt
collection agencies or firms; credit
bureaus, firms or agencies providing
locator services; and Federal, state, and
local agencies furnishing identifying
information.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:
Information about covered
individuals may be disclosed without
consent as permitted by the Privacy Act
of 1974, 5 U.S.C. 552a(b), and:
1. Routine Use—Audit: A record from
this system of records may be disclosed
to an agency, organization, or individual
for the purpose of performing an audit
or oversight operations as authorized by
law, but only such information as is
necessary and relevant to such audit or
oversight function when necessary to
accomplish an agency function related
to this system of records. Individuals
provided information under this routine
use are subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to FRTIB
officers and employees.
2. Routine Use—Clearance Processing:
A record from this system of records
may be disclosed to an appropriate
federal, state, local, tribal, foreign, or
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international agency, if the information
is relevant and necessary to a requesting
agency’s decision concerning the hiring
or retention of an individual, or
issuance of a security clearance,
background investigation, license,
contract, grant, or other benefit, or if the
information is relevant and necessary to
a FRTIB decision concerning the hiring
or retention of an employee, the
issuance of a security clearance, the
reporting of an investigation of an
employee, the letting of a contract, or
the issuance of a license, grant or other
benefit and when disclosure is
appropriate to the proper performance
of the official duties of the person
making the request.
3. Routine Use—Congressional
Inquiries: A record from this system of
records may be disclosed to a
Congressional office from the record of
an individual in response to an inquiry
from that Congressional office made at
the request of the individual to whom
the record pertains.
4. Routine Use—Contractors, et al.: A
record from this system of records may
be disclosed to contractors, grantees,
experts, consultants, the agents thereof,
and others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for
FRTIB, when necessary to accomplish
an agency function related to this
system of records. Individuals provided
information under this routine use are
subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to FRTIB
officers and employees.
5. Routine Use—Debt Collection: A
record from this system of records may
be disclosed to the Department of
Justice, the Department of Treasury, or
to a consumer reporting agency for
collection action on any delinquent
debt, pursuant to 5 U.S.C. 552a(b)(12).
6. Routine Use—Former Employees: A
record from this system of records may
be disclosed to a former employee of the
FRTIB, in accordance with applicable
regulations, for purposes of responding
to an official inquiry by a federal, state,
or local government entity or
professional licensing authority; or
facilitating communications with a
former employee that may be necessary
for personnel-related or other official
purposes where the FRTIB requires
information or consultation assistance
from the former employee regarding a
matter within that person’s former area
of responsibility.
7. Routine Use—Investigations, Third
Parties: A record from this system of
records may be disclosed to third parties
during the course of a law enforcement
investigation to the extent necessary to
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Jkt 250001
obtain information pertinent to the
investigation, provided disclosure is
appropriate to the proper performance
of the official duties of the third party
officer making the disclosure.
8. Routine Use—Investigations, Other
Agencies: A record from this system of
records may be disclosed to appropriate
federal, state, local, tribal, or foreign
government agencies or multilateral
governmental organizations for the
purpose of investigating or prosecuting
the violations of, or for enforcing or
implementing, a statute, rule,
regulation, order, license, or treaty
where FRTIB determines that the
information would assist in the
enforcement of civil or criminal laws.
9. Routine Use—Law Enforcement
Intelligence: A record from this system
of records may be disclosed to a federal,
state, tribal, local, or foreign government
agency or organization, or international
organization, lawfully engaged in
collecting law enforcement intelligence
information, whether civil or criminal,
or charged with investigating,
prosecuting, enforcing or implementing
civil or criminal laws, related rules,
regulations or orders, to enable these
entities to carry out their law
enforcement responsibilities, including
the collection of law enforcement
intelligence.
10. Routine Use—Law Enforcement
Referrals: A record from this system of
records may be disclosed to an
appropriate federal, state, tribal, local,
international, or foreign agency or other
appropriate authority charged with
investigating or prosecuting a violation
or enforcing or implementing a law,
rule, regulation, or order, where a
record, either on its face or in
conjunction with other information,
indicates a violation or potential
violation of law, which includes
criminal, civil, or regulatory violations
and such disclosure is proper and
consistent with the official duties of the
person making the disclosure.
11. Routine Use—Litigation, DOJ or
Outside Counsel: A record from this
system of records may be disclosed to
the Department of Justice, FRTIB’s
outside counsel, other federal agency
conducting litigation or in proceedings
before any court, adjudicative or
administrative body, when: (1) FRTIB,
or (b) any employee of FRTIB in his or
her official capacity, or (c) any
employee of FRTIB in his or her
individual capacity where DOJ or FRTIB
has agreed to represent the employee, or
(d) the United States or any agency
thereof, is a party to the litigation or has
an interest in such litigation, and FRTIB
determines that the records are both
relevant and necessary to the litigation
PO 00000
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43665
and the use of such records is
compatible with the purpose for which
FRTIB collected the records.
12. Routine Use—Litigation,
Opposing Counsel: A record from this
system of records may be disclosed to a
court, magistrate, or administrative
tribunal in the course of presenting
evidence, including disclosures to
opposing counsel or witnesses in the
course of civil discovery, litigation, or
settlement negotiations or in connection
with criminal law proceedings or in
response to a subpoena.
13. Routine Use—NARA/Records
Management: A record from this system
of records may be disclosed to the
National Archives and Records
Administration (NARA) or other federal
government agencies pursuant to the
Federal Records Act.
14. Routine Use—Redress: A record
from this system of records may be
disclosed to a federal, state, tribal, local,
international, or foreign government
agency or entity for the purpose of
consulting with that agency or entity: (1)
To assist in making a determination
regarding redress for an individual in
connection with the operations of a
FRTIB program; (2) for the purpose of
verifying the identity of an individual
seeking redress in connection with the
operations of a FRTIB program; or (3) for
the purpose of verifying the accuracy of
information submitted by an individual
who has requested such redress on
behalf of another individual.
15. Routine Use—Security Threat: A
record from this system of records may
be disclosed to federal and foreign
government intelligence or
counterterrorism agencies when FRTIB
reasonably believes there to be a threat
or potential threat to national or
international security for which the
information may be useful in countering
the threat or potential threat, when
FRTIB reasonably believes such use is to
assist in anti-terrorism efforts, and
disclosure is appropriate to the proper
performance of the official duties of the
person making the disclosure.
16. Routine Use—Collection of Debts,
Financial Management Service: A
record from this system may be
disclosed to the Financial Management
Service (FMS) of the Department of the
Treasury to allow that agency to act for
the Board to enforce collection of
delinquent debts owed to the Board or
the Thrift Savings Fund.
17. Routine Use—Collection of Debts,
Internal Revenue Service: Debt
collection records may be disclosed to
the Internal Revenue Service for the
purposes of: (1) Effecting an
administrative offset against the debtor’s
tax refund to recover a delinquent debt
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owed the Board or the Thrift Savings
Fund; or (2) obtaining the mailing
address of a taxpayer/debtor in order to
locate the taxpayer/debtor to collect or
compromise a Federal claim against the
taxpayer/debtor.
18. Routine Use—Collection of Debts,
Department of Justice: A record from
this system may be disclosed to the
Department of Justice for the purpose of
litigating to enforce collection of a
delinquent debt or to obtain the
Department of Justice’s concurrence in a
decision to compromise, suspend, or
terminate collection action on a debt
with a principal amount in excess of
$100,000 or such higher amount as the
Attorney General may, from time to
time, prescribe in accordance with 31
U.S.C. 3711(a).
19. Routine Use—Collection of Debts,
Administrative Offsets: Information
contained within this system of records
may be disclosed to the Department of
the Treasury, Department of Defense,
United States Postal Service, another
Federal agency, a Government
corporation, or any disbursing official of
the United States for the purpose of
effecting an administrative offset against
Federal payments certified to be paid to
the debtor to recover a delinquent debt
owed to the Board, the Thrift Savings
Fund, or another Federal agency or
department by the debtor.
20. Routine Use—Collection of Debts,
Voluntary Repayment of Debt: Debt
collection information may be disclosed
to a creditor Federal agency or
Government corporation seeking
assistance for the purpose of obtaining
voluntary repayment of a debt or
implementing Federal employee salary
offset or administrative offset in the
collection of an unpaid financial
obligation.
21. Routine Use—Collection of Debts,
Wage Garnishment: Administrative
wage garnishment information may be
disclosed to the Treasury Department
for the purpose of issuing wage
garnishment orders to collect a debt
owed to the FRTIB.
22. Routine Use—Breach Mitigation
and Notification: A record from this
system may be disclosed to appropriate
agencies, entities, and persons when (1)
FRTIB suspects or has confirmed that
there has been a breach of the system of
records, (2) FRTIB has determined that
as a result of the suspected or confirmed
breach there is a risk of harm to
individuals, FRTIB (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 FRTIB’s efforts to
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respond to the suspected or confirmed
breach or to prevent, minimize, or
remedy such harm.
23. Routine Use—Response to Breach
of Other Records: A record from this
system may be disclosed to another
Federal agency or Federal entity, when
FRTIB 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.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
Debt information concerning claims of
the Board and the Thrift Savings Fund
may be furnished in accordance with 5
U.S.C. 552a(b)(12) and section 3 of the
Debt Collection Act of 1982, as amended
(31 U.S.C. 3701 et seq.), to consumer
reporting agencies (as defined by the
Fair Credit Reporting Act 15 U.S.C.
1681a(f)), to encourage repayment of an
overdue debt.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records are maintained in paper and
electronic form, including on computer
databases, all of which are stored in a
secure location.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
These records are indexed and
retrieved by the names, Social Security
numbers, or contact numbers of
participants, employees, contractors, or
other persons who may receive monies
paid to them by the Board.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Hard-copy records are returned to the
Board which has an agreement for
servicing and collection of the debt with
Financial Management Services. Files
are destroyed when 10 years old, unless
they are subject to litigation in which
case they are destroyed when a court
order requiring that the file be retained
allows the file to be destroyed or
litigation involving the files is
concluded.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
FRTIB has adopted appropriate
administrative, technical, and physical
controls in accordance with FRTIB’s
security program to protect the security,
confidentiality, availability, and
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integrity of the information, and to
ensure that records are not disclosed to
or accessed by unauthorized
individuals.
Paper records are stored in locked file
cabinets in areas of restricted access that
are locked after office hours. Electronic
records are stored on computer
networks and protected by assigning
usernames to individuals needing
access to the records and by passwords
set by unauthorized users that must be
changed periodically.
RECORD ACCESS PROCEDURES:
Individuals seeking to determine
whether this system of records contains
information about themselves should
submit a written request to the FOIA
Officer, FRTIB, 77 K Street NE, Suite
10000, Washington, DC 20002, and
include the following information:
a. Full name;
b. Any available information
regarding the type of record involved;
c. The address to which the record
information should be sent; and
d. You must sign your request.
Attorneys or other persons acting on
behalf of an individual must provide
written authorization from that
individual, such as a Power of Attorney,
in order for the representative to act on
their behalf. Individuals requesting
access must also comply with FRTIB’s
Privacy Act regulations regarding
verification of identity and access to
such records, available at 5 CFR part
1630.
CONTESTING RECORD PROCEDURES:
See Record Access Procedures above.
NOTIFICATION PROCEDURES:
See Record Access Procedures above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
62 FR 49011 (Sept. 18, 1997); 77 FR
11534 (Feb. 27, 2012); 81 FR 7106 (Feb.
10, 2016).
SYSTEM NAME AND NUMBER:
FRTIB–14, Legal Case Files.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at the Federal
Retirement Thrift Investment Board, 77
K Street NE, Suite 1000, Washington,
DC 20002. Records may also be
maintained at an additional location for
Business Continuity Purposes.
SYSTEM MANAGER(S):
General Counsel, Federal Retirement
Thrift Investment Board, 77 K Street NE,
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Suite 1000, Washington, DC 20002,
(202) 942–1600.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 8474; and 44 U.S.C. 3101.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to assist
FRTIB attorneys in providing legal
advice to FRTIB personnel on a wide
variety of legal issues; to collect the
information of any individual who is, or
will be, in litigation with the Agency, as
well as the attorneys representing the
plaintiff(s) or defendant(s), response to
claims by employees, former employees,
and other individuals; to assist in the
settlement of claims against the
government; to represent FRTIB during
litigation; and to catalog, investigate,
litigate, or otherwise resolve any case or
matter handled by the Office of General
Counsel.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals who are participants,
beneficiaries, and alternate payees of the
Thrift Savings Plan; other individuals
who are identified in connection with
investigations and/or litigation
conducted with regard to FERSA;
individuals (including FRTIB
employees) who are parties to or
witnesses in civil litigation or
administrative proceedings involving or
concerning FRTIB or its officers or
employees (including Special
Governmental Employees); individuals
who are the subject of a breach of
personally identifiable information;
individuals who are contractors or
potential contractors with FRTIB or are
otherwise personally associated with a
contract or procurement matter;
individuals who receive legal advice
from the Office of General Counsel; and
other individuals (including current,
former, and potential FRTIB employees
(including Special Governmental
Employees), contractors, interns,
externs, and volunteers) who are the
subject of or are otherwise connected to
an inquiry, investigation, or other matter
handled by the Office of General
Counsel.
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CATEGORIES OF RECORDS IN THE SYSTEM:
Notes, reports, legal opinions and
memoranda; settlements; agreements;
documentary evidence; claims and
records regarding discrimination;
correspondence; contracts; contract
proposals and other procurement
documents; TSP documents;
participant, beneficiary, and alternate
payee files; initial and final FRTIB
determinations of FERSA matters;
Freedom of Information Act and Privacy
Act requests and appeals, and decisions
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of those requests and appeals; drafts and
legal reviews of proposed personnel
actions; personnel records; litigation
files; employee relations files; witness
statements; summonses and subpoenas;
affidavits; court transcripts; discovery
requests and responses; and breach
reports and supporting documents.
RECORD SOURCE CATEGORIES:
Subject individuals; TSP participants,
beneficiaries, and alternate payees;
federal government records; current,
and former, and potential employees
(including Special Government
Employees); contractors; interns,
externs, and volunteers; the Social
Security Administration; court records;
articles from publications; and other
organizations or individuals with
relevant knowledge or information.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:
Information about covered
individuals may be disclosed without
consent as permitted by the Privacy Act
of 1974, 5 U.S.C. 552a(b), and:
1. Routine Use—Audit: A record from
this system of records may be disclosed
to an agency, organization, or individual
for the purpose of performing an audit
or oversight operations as authorized by
law, but only such information as is
necessary and relevant to such audit or
oversight function when necessary to
accomplish an agency function related
to this system of records. Individuals
provided information under this routine
use are subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to FRTIB
officers and employees.
2. Routine Use—Clearance Processing:
A record from this system of records
may be disclosed to an appropriate
federal, state, local, tribal, foreign, or
international agency, if the information
is relevant and necessary to a requesting
agency’s decision concerning the hiring
or retention of an individual, or
issuance of a security clearance,
background investigation, license,
contract, grant, or other benefit, or if the
information is relevant and necessary to
a FRTIB decision concerning the hiring
or retention of an employee, the
issuance of a security clearance, the
reporting of an investigation of an
employee, the letting of a contract, or
the issuance of a license, grant or other
benefit and when disclosure is
appropriate to the proper performance
of the official duties of the person
making the request.
3. Routine Use—Congressional
Inquiries: A record from this system of
records may be disclosed to a
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43667
Congressional office from the record of
an individual in response to an inquiry
from that Congressional office made at
the request of the individual to whom
the record pertains.
4. Routine Use—Contractors, et al.: A
record from this system of records may
be disclosed to contractors, grantees,
experts, consultants, the agents thereof,
and others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for
FRTIB, when necessary to accomplish
an agency function related to this
system of records. Individuals provided
information under this routine use are
subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to FRTIB
officers and employees.
5. Routine Use—Debt Collection: A
record from this system of records may
be disclosed to the Department of
Justice, the Department of Treasury, or
to a consumer reporting agency for
collection action on any delinquent
debt, pursuant to 5 U.S.C. 552a(b)(12).
6. Routine Use—Former Employees: A
record from this system of records may
be disclosed to a former employee of the
FRTIB, in accordance with applicable
regulations, for purposes of responding
to an official inquiry by a federal, state,
or local government entity or
professional licensing authority; or
facilitating communications with a
former employee that may be necessary
for personnel-related or other official
purposes where the FRTIB requires
information or consultation assistance
from the former employee regarding a
matter within that person’s former area
of responsibility.
7. Routine Use—Investigations, Third
Parties: A record from this system of
records may be disclosed to third parties
during the course of a law enforcement
investigation to the extent necessary to
obtain information pertinent to the
investigation, provided disclosure is
appropriate to the proper performance
of the official duties of the third party
officer making the disclosure.
8. Routine Use—Investigations, Other
Agencies: A record from this system of
records may be disclosed to appropriate
federal, state, local, tribal, or foreign
government agencies or multilateral
governmental organizations for the
purpose of investigating or prosecuting
the violations of, or for enforcing or
implementing, a statute, rule,
regulation, order, license, or treaty
where FRTIB determines that the
information would assist in the
enforcement of civil or criminal laws.
9. Routine Use—Law Enforcement
Intelligence: A record from this system
of records may be disclosed to a federal,
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state, tribal, local, or foreign government
agency or organization, or international
organization, lawfully engaged in
collecting law enforcement intelligence
information, whether civil or criminal,
or charged with investigating,
prosecuting, enforcing or implementing
civil or criminal laws, related rules,
regulations or orders, to enable these
entities to carry out their law
enforcement responsibilities, including
the collection of law enforcement
intelligence.
10. Routine Use—Law Enforcement
Referrals: A record from this system of
records may be disclosed to an
appropriate federal, state, tribal, local,
international, or foreign agency or other
appropriate authority charged with
investigating or prosecuting a violation
or enforcing or implementing a law,
rule, regulation, or order, where a
record, either on its face or in
conjunction with other information,
indicates a violation or potential
violation of law, which includes
criminal, civil, or regulatory violations
and such disclosure is proper and
consistent with the official duties of the
person making the disclosure.
11. Routine Use—Litigation, DOJ or
Outside Counsel: A record from this
system of records may be disclosed to
the Department of Justice, FRTIB’s
outside counsel, other federal agency
conducting litigation or in proceedings
before any court, adjudicative or
administrative body, when: (1) FRTIB,
or (b) any employee of FRTIB in his or
her official capacity, or (c) any
employee of FRTIB in his or her
individual capacity where DOJ or FRTIB
has agreed to represent the employee, or
(d) the United States or any agency
thereof, is a party to the litigation or has
an interest in such litigation, and FRTIB
determines that the records are both
relevant and necessary to the litigation
and the use of such records is
compatible with the purpose for which
FRTIB collected the records.
12. Routine Use—Litigation,
Opposing Counsel: A record from this
system of records may be disclosed to a
court, magistrate, or administrative
tribunal in the course of presenting
evidence, including disclosures to
opposing counsel or witnesses in the
course of civil discovery, litigation, or
settlement negotiations or in connection
with criminal law proceedings or in
response to a subpoena.
13. Routine Use—NARA/Records
Management: A record from this system
of records may be disclosed to the
National Archives and Records
Administration (NARA) or other federal
government agencies pursuant to the
Federal Records Act.
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14. Routine Use—Redress: A record
from this system of records may be
disclosed to a federal, state, tribal, local,
international, or foreign government
agency or entity for the purpose of
consulting with that agency or entity: (1)
To assist in making a determination
regarding redress for an individual in
connection with the operations of a
FRTIB program; (2) for the purpose of
verifying the identity of an individual
seeking redress in connection with the
operations of a FRTIB program; or (3) for
the purpose of verifying the accuracy of
information submitted by an individual
who has requested such redress on
behalf of another individual.
15. Routine Use—Security Threat: A
record from this system of records may
be disclosed to federal and foreign
government intelligence or
counterterrorism agencies when FRTIB
reasonably believes there to be a threat
or potential threat to national or
international security for which the
information may be useful in countering
the threat or potential threat, when
FRTIB reasonably believes such use is to
assist in anti-terrorism efforts, and
disclosure is appropriate to the proper
performance of the official duties of the
person making the disclosure.
16. Routine Use—Collection of Debts,
General: Names, addresses, telephone
numbers, and email addresses of
employees, former employees,
participants, beneficiaries, alternate
payees, and information pertaining to
debts to the FRTIB may be disclosed to
the Department of Treasury, Department
of Justice, a credit agency, and a debt
collection firm to collect the debt.
Disclosure to a debt collection firm shall
be made only under a contract that
binds any such contractor or employee
of such contractor to the criminal
penalties of the Privacy Act.
17. Routine Use—General
Investigations, Third Parties:
Information may be provided to third
parties during the course of an
investigation to the extent necessary to
obtain information pertinent to the
investigation.
18. Routine Use—International
Treaties or Conventions: A record
relating to a case or matter may be
disseminated to a foreign country
pursuant to an international treaty or
convention entered into and ratified by
the United States or to an executive
agreement.
19. Routine Use—Foreign Country,
Civil or Criminal Proceedings: A record
may be disseminated to a foreign
country, through the United States
Department of State or directly to the
representative of such country, to the
extent necessary, to assist such country
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Fmt 4701
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in civil or criminal proceedings in
which the United States or one of its
officers or agents has an interest.
20. Routine Use—Breach Mitigation
and Notification: A record from this
system may be disclosed to appropriate
agencies, entities, and persons when (1)
FRTIB suspects or has confirmed that
there has been a breach of the system of
records, (2) FRTIB has determined that
as a result of the suspected or confirmed
breach there is a risk of harm to
individuals, FRTIB (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 FRTIB’s efforts to
respond to the suspected or confirmed
breach or to prevent, minimize, or
remedy such harm.
21. Routine Use—Response to Breach
of Other Records: A record from this
system may be disclosed to another
Federal agency or Federal entity, when
FRTIB 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.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
Information from this system of
records may be disclosed to a consumer
reporting agency in accordance with 31
U.S.C. 3711(e).
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records are maintained electronically
in computer databases, including cloudbased services, and on paper in secure
facilities in a locked drawer behind a
secured-access door.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are retrieved by the name of
the individual on whom they are
maintained, and may also be retrieved
by case number.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are maintained in accordance
with the General Records Retention
Schedules issued by the National
Archives and Records Administration
(NARA) or an FRTIB records disposition
schedule.
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ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
FRTIB has adopted appropriate
administrative, technical, and physical
controls in accordance with FRTIB’s
security program to protect the security,
confidentiality, availability, and
integrity of the information, and to
ensure that records are not disclosed to
or accessed by unauthorized
individuals.
Paper records are stored in locked file
cabinets in areas of restricted access that
are locked after office hours. Electronic
records are stored on computer
networks and protected by assigning
usernames to individuals needing
access to the records and by passwords
set by unauthorized users that must be
changed periodically.
RECORD ACCESS PROCEDURES:
Individuals seeking to determine
whether this system of records contains
information about themselves should
submit a written request to the FOIA
Officer, FRTIB, 77 K Street NE, Suite
1000, Washington, DC 20002, and
include the following information:
a. Full name;
b. Any available information
regarding the type of record involved;
c. The address to which the record
information should be sent; and
d. You must sign your request.
Attorneys or other persons acting on
behalf of an individual must provide
written authorization from that
individual, such as a Power of Attorney,
in order for the representative to act on
their behalf. Individuals requesting
access must also comply with FRTIB’s
Privacy Act regulations regarding
verification of identity and access to
such records, available at 5 CFR part
1630.
CONTESTING RECORD PROCEDURES:
See Record Access Procedures above.
NOTIFICATION PROCEDURES:
See Record Access Procedures above.
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EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(k)(2),
records from this system are exempt
from the requirements of subsections
(c)(3); (d); (e)(1); (e)(4)(G), (H), (I); and (f)
of 5 U.S.C. 552a, provided, however,
that if any individual is denied any
right, privilege, or benefit that he or she
would otherwise be entitled to by
Federal law, or for which he or she
would otherwise be eligible, as a result
of the maintenance of these records,
such material shall be provided to the
individual, except to the extent that the
disclosure of the material would reveal
the identity of a source who furnished
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information to the Government with an
express promise that the identity of the
source would be held in confidence.
staff; FRTIB attorneys; outside counsel
retained by subject individuals; and
medical professionals.
HISTORY:
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:
80 FR 43428 (July 22, 2015).
SYSTEM NAME AND NUMBER:
FRTIB–15, Internal Investigations of
Harassment and Hostile Work
Environment Allegations.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at the Federal
Retirement Thrift Investment Board, 77
K Street NE, Suite 1000, Washington,
DC 20002. Records may also be
maintained at an additional location for
Business Continuity Purposes.
SYSTEM MANAGER(S):
Human Resources Officer, Federal
Retirement Thrift Investment Board, 77
K Street NE, Suite 1000, Washington,
DC 20002, (202) 942–1600.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 8474; 42 U.S.C. 2000e et seq.;
and 44 U.S.C. 3101.
PURPOSE(S) OF THE SYSTEM:
This system of records is maintained
for the purpose of upholding FRTIB’s
policy to provide for a work
environment free from all forms of
harassment, including sexual
harassment, and harassment on the
basis of race, color, gender, national
origin, religion, sexual orientation, age,
genetic information, reprisal, parental
status, or disability.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Current or former FRTIB employees
(including Special Government
Employees), contractors, interns,
externs, and volunteers who have filed
a complaint or report of harassment or
hostile work environment, or have been
accused of harassing conduct; and
witnesses or potential witnesses.
CATEGORIES OF RECORDS IN THE SYSTEM:
Current or former FRTIB employees
(including Special Government
Employees), contractors, interns,
externs, and volunteers who have filed
a complaint or report of harassment or
hostile work environment, or have been
accused of harassing conduct; and
witnesses or potential witnesses.
RECORD SOURCE CATEGORIES:
Subject individuals; supervisors and
other FRTIB employees with
knowledge; agency EEO and human
resources specialists; employee relations
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Information about covered
individuals may be disclosed without
consent as permitted by the Privacy Act
of 1974, 5 U.S.C. 552a(b), and:
1. Routine Use—Audit: A record from
this system of records may be disclosed
to an agency, organization, or individual
for the purpose of performing an audit
or oversight operations as authorized by
law, but only such information as is
necessary and relevant to such audit or
oversight function when necessary to
accomplish an agency function related
to this system of records. Individuals
provided information under this routine
use are subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to FRTIB
officers and employees.
2. Routine Use—Clearance Processing:
A record from this system of records
may be disclosed to an appropriate
federal, state, local, tribal, foreign, or
international agency, if the information
is relevant and necessary to a requesting
agency’s decision concerning the hiring
or retention of an individual, or
issuance of a security clearance,
background investigation, license,
contract, grant, or other benefit, or if the
information is relevant and necessary to
a FRTIB decision concerning the hiring
or retention of an employee, the
issuance of a security clearance, the
reporting of an investigation of an
employee, the letting of a contract, or
the issuance of a license, grant or other
benefit and when disclosure is
appropriate to the proper performance
of the official duties of the person
making the request.
3. Routine Use—Congressional
Inquiries: A record from this system of
records may be disclosed to a
Congressional office from the record of
an individual in response to an inquiry
from that Congressional office made at
the request of the individual to whom
the record pertains.
4. Routine Use—Contractors, et al.: A
record from this system of records may
be disclosed to contractors, grantees,
experts, consultants, the agents thereof,
and others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for
FRTIB, when necessary to accomplish
an agency function related to this
system of records. Individuals provided
information under this routine use are
subject to the same Privacy Act
requirements and limitations on
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disclosure as are applicable to FRTIB
officers and employees.
5. Routine Use—Debt Collection: A
record from this system of records may
be disclosed to the Department of
Justice, the Department of Treasury, or
to a consumer reporting agency for
collection action on any delinquent
debt, pursuant to 5 U.S.C. 552a(b)(12).
6. Routine Use—Former Employees: A
record from this system of records may
be disclosed to a former employee of the
FRTIB, in accordance with applicable
regulations, for purposes of responding
to an official inquiry by a federal, state,
or local government entity or
professional licensing authority; or
facilitating communications with a
former employee that may be necessary
for personnel-related or other official
purposes where the FRTIB requires
information or consultation assistance
from the former employee regarding a
matter within that person’s former area
of responsibility.
7. Routine Use—Investigations, Third
Parties: A record from this system of
records may be disclosed to third parties
during the course of a law enforcement
investigation to the extent necessary to
obtain information pertinent to the
investigation, provided disclosure is
appropriate to the proper performance
of the official duties of the third party
officer making the disclosure.
8. Routine Use—Investigations, Other
Agencies: A record from this system of
records may be disclosed to appropriate
federal, state, local, tribal, or foreign
government agencies or multilateral
governmental organizations for the
purpose of investigating or prosecuting
the violations of, or for enforcing or
implementing, a statute, rule,
regulation, order, license, or treaty
where FRTIB determines that the
information would assist in the
enforcement of civil or criminal laws.
9. Routine Use—Law Enforcement
Intelligence: A record from this system
of records may be disclosed to a federal,
state, tribal, local, or foreign government
agency or organization, or international
organization, lawfully engaged in
collecting law enforcement intelligence
information, whether civil or criminal,
or charged with investigating,
prosecuting, enforcing or implementing
civil or criminal laws, related rules,
regulations or orders, to enable these
entities to carry out their law
enforcement responsibilities, including
the collection of law enforcement
intelligence.
10. Routine Use—Law Enforcement
Referrals: A record from this system of
records may be disclosed to an
appropriate federal, state, tribal, local,
international, or foreign agency or other
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appropriate authority charged with
investigating or prosecuting a violation
or enforcing or implementing a law,
rule, regulation, or order, where a
record, either on its face or in
conjunction with other information,
indicates a violation or potential
violation of law, which includes
criminal, civil, or regulatory violations
and such disclosure is proper and
consistent with the official duties of the
person making the disclosure.
11. Routine Use—Litigation, DOJ or
Outside Counsel: A record from this
system of records may be disclosed to
the Department of Justice, FRTIB’s
outside counsel, other federal agency
conducting litigation or in proceedings
before any court, adjudicative or
administrative body, when: (1) FRTIB,
or (b) any employee of FRTIB in his or
her official capacity, or (c) any
employee of FRTIB in his or her
individual capacity where DOJ or FRTIB
has agreed to represent the employee, or
(d) the United States or any agency
thereof, is a party to the litigation or has
an interest in such litigation, and FRTIB
determines that the records are both
relevant and necessary to the litigation
and the use of such records is
compatible with the purpose for which
FRTIB collected the records.
12. Routine Use—Litigation,
Opposing Counsel: A record from this
system of records may be disclosed to a
court, magistrate, or administrative
tribunal in the course of presenting
evidence, including disclosures to
opposing counsel or witnesses in the
course of civil discovery, litigation, or
settlement negotiations or in connection
with criminal law proceedings or in
response to a subpoena.
13. Routine Use—NARA/Records
Management: A record from this system
of records may be disclosed to the
National Archives and Records
Administration (NARA) or other federal
government agencies pursuant to the
Federal Records Act.
14. Routine Use—Redress: A record
from this system of records may be
disclosed to a federal, state, tribal, local,
international, or foreign government
agency or entity for the purpose of
consulting with that agency or entity: (1)
To assist in making a determination
regarding redress for an individual in
connection with the operations of a
FRTIB program; (2) for the purpose of
verifying the identity of an individual
seeking redress in connection with the
operations of a FRTIB program; or (3) for
the purpose of verifying the accuracy of
information submitted by an individual
who has requested such redress on
behalf of another individual.
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15. Routine Use—Security Threat: A
record from this system of records may
be disclosed to federal and foreign
government intelligence or
counterterrorism agencies when FRTIB
reasonably believes there to be a threat
or potential threat to national or
international security for which the
information may be useful in countering
the threat or potential threat, when
FRTIB reasonably believes such use is to
assist in anti-terrorism efforts, and
disclosure is appropriate to the proper
performance of the official duties of the
person making the disclosure.
16. Routine Use—Complainant,
Witnesses: Disclosure of information
from this system of records about an
investigation that may have been
conducted may be made to the
complaining party; the alleged harasser;
and to a limited number of witnesses
when the purpose of the disclosure is
both relevant and necessary and is
compatible with the purpose for which
the information was collected.
17. Routine Use—Breach Mitigation
and Notification: A record from this
system may be disclosed to appropriate
agencies, entities, and persons when (1)
FRTIB suspects or has confirmed that
there has been a breach of the system of
records, (2) FRTIB has determined that
as a result of the suspected or confirmed
breach there is a risk of harm to
individuals, FRTIB (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 FRTIB’s efforts to
respond to the suspected or confirmed
breach or to prevent, minimize, or
remedy such harm.
18. Routine Use—Response to Breach
of Other Records: A record from this
system may be disclosed to another
Federal agency or Federal entity, when
FRTIB 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.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records are maintained electronically
in computer databases, including cloudbased services, and on paper in secure
facilities in a locked drawer behind a
secured-access door.
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EXEMPTIONS PROMULGATED FOR THE SYSTEM:
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are retrieved by the name of
the individual on whom they are
maintained, and may also be retrieved
by case number.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are maintained in accordance
with the General Records Retention
Schedules issued by the National
Archives and Records Administration
(NARA) or an FRTIB records disposition
schedule.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
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FRTIB has adopted appropriate
administrative, technical, and physical
controls in accordance with FRTIB’s
security program to protect the security,
confidentiality, availability, and
integrity of the information, and to
ensure that records are not disclosed to
or accessed by unauthorized
individuals.
Paper records are stored in locked file
cabinets in areas of restricted access that
are locked after office hours. Electronic
records are stored on computer
networks and protected by assigning
usernames to individuals needing
access to the records and by passwords
set by unauthorized users that must be
changed periodically.
Pursuant to 5 U.S.C. 552a(k)(2),
records in this system are exempt from
the requirements of subsections (c)(3);
(d); (e)(1); (e)(4)(G), (H), (I); and (f) of 5
U.S.C. 552a, provided, however, that if
any individual is denied any right,
privilege, or benefit that he or she
would otherwise be entitled to by
Federal law, or for which he or she
would otherwise be eligible, as a result
of the maintenance of these records,
such material shall be provided to the
individual, except to the extent that the
disclosure of the material would reveal
the identity of a source who furnished
information to the Government with an
express promise that the identity of the
source would be held in confidence.
HISTORY:
80 FR 43428 (July 22, 2015).
SYSTEM NAME AND NUMBER:
FRTIB–16, Congressional
Correspondence Files.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at the Federal
Retirement Thrift Investment Board, 77
K Street NE, Suite 1000, Washington,
DC 20002. Records may also be
maintained at an additional location for
Business Continuity Purposes.
RECORD ACCESS PROCEDURES:
SYSTEM MANAGER(S):
Individuals seeking to determine
whether this system of records contains
information about themselves should
submit a written request to the FOIA
Officer, FRTIB, 77 K Street NE, Suite
1000, Washington, DC 20002, and
include the following information:
a. Full name;
b. Any available information
regarding the type of record involved;
c. The address to which the record
information should be sent; and
d. You must sign your request.
Attorneys or other persons acting on
behalf of an individual must provide
written authorization from that
individual, such as a Power of Attorney,
in order for the representative to act on
their behalf. Individuals requesting
access must also comply with FRTIB’s
Privacy Act regulations regarding
verification of identity and access to
such records, available at 5 CFR part
1630.
Director, Office of External Affairs,
Federal Retirement Thrift Investment
Board, 77 K Street NE, Suite 1000,
Washington, DC 20002, (202) 942–1600.
CONTESTING RECORD PROCEDURES:
See Record Access Procedures above.
NOTIFICATION PROCEDURES:
See Record Access Procedures above.
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AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 8474; 5 U.S.C. 301; and 44
U.S.C. 3101.
PURPOSE(S) OF THE SYSTEM:
This system of records is maintained
to catalog and respond to
correspondence received from
congressional offices.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals who submit inquiries,
complaints, comments, or other
correspondence to FRTIB, and the
responding party on behalf of FRTIB.
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system
include, but are not limited to the
following information about individuals
who have corresponded with FRTIB:
Name; dates of birth; Social Security
numbers; TSP account numbers; home
and business address; email address;
personal and business telephone
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numbers; who the correspondence is
about; incoming correspondence;
FRTIB’s response; the FRTIB
responder’s name and business
information; additional unsolicited
personal information provided by the
individual; and other related materials.
RECORD SOURCE CATEGORIES:
Information used to compile records
in this system is taken from incoming
correspondence and FRTIB responses to
incoming correspondence from
congressional offices.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:
Information about covered
individuals may be disclosed without
consent as permitted by the Privacy Act
of 1974, 5 U.S.C. 552a(b), and:
1. Routine Use—Audit: A record from
this system of records may be disclosed
to an agency, organization, or individual
for the purpose of performing an audit
or oversight operations as authorized by
law, but only such information as is
necessary and relevant to such audit or
oversight function when necessary to
accomplish an agency function related
to this system of records. Individuals
provided information under this routine
use are subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to FRTIB
officers and employees.
2. Routine Use—Congressional
Inquiries: A record from this system of
records may be disclosed to a
Congressional office from the record of
an individual in response to an inquiry
from that Congressional office made at
the request of the individual to whom
the record pertains.
3. Routine Use—Contractors, et al.: A
record from this system of records may
be disclosed to contractors, grantees,
experts, consultants, the agents thereof,
and others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for
FRTIB, when necessary to accomplish
an agency function related to this
system of records. Individuals provided
information under this routine use are
subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to FRTIB
officers and employees.
4. Routine Use—Former Employees: A
record from this system of records may
be disclosed to a former employee of the
FRTIB, in accordance with applicable
regulations, for purposes of responding
to an official inquiry by a federal, state,
or local government entity or
professional licensing authority; or
facilitating communications with a
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former employee that may be necessary
for personnel-related or other official
purposes where the FRTIB requires
information or consultation assistance
from the former employee regarding a
matter within that person’s former area
of responsibility.
5. Routine Use—Investigations, Third
Parties: A record from this system of
records may be disclosed to third parties
during the course of a law enforcement
investigation to the extent necessary to
obtain information pertinent to the
investigation, provided disclosure is
appropriate to the proper performance
of the official duties of the third party
officer making the disclosure.
6. Routine Use—Investigations, Other
Agencies: A record from this system of
records may be disclosed to appropriate
federal, state, local, tribal, or foreign
government agencies or multilateral
governmental organizations for the
purpose of investigating or prosecuting
the violations of, or for enforcing or
implementing, a statute, rule,
regulation, order, license, or treaty
where FRTIB determines that the
information would assist in the
enforcement of civil or criminal laws.
7. Routine Use—Law Enforcement
Intelligence: A record from this system
of records may be disclosed to a federal,
state, tribal, local, or foreign government
agency or organization, or international
organization, lawfully engaged in
collecting law enforcement intelligence
information, whether civil or criminal,
or charged with investigating,
prosecuting, enforcing or implementing
civil or criminal laws, related rules,
regulations or orders, to enable these
entities to carry out their law
enforcement responsibilities, including
the collection of law enforcement
intelligence.
8. Routine Use—Law Enforcement
Referrals: A record from this system of
records may be disclosed to an
appropriate federal, state, tribal, local,
international, or foreign agency or other
appropriate authority charged with
investigating or prosecuting a violation
or enforcing or implementing a law,
rule, regulation, or order, where a
record, either on its face or in
conjunction with other information,
indicates a violation or potential
violation of law, which includes
criminal, civil, or regulatory violations
and such disclosure is proper and
consistent with the official duties of the
person making the disclosure.
9. Routine Use—Litigation, DOJ or
Outside Counsel: A record from this
system of records may be disclosed to
the Department of Justice, FRTIB’s
outside counsel, other federal agency
conducting litigation or in proceedings
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before any court, adjudicative or
administrative body, when: (1) FRTIB,
or (b) any employee of FRTIB in his or
her official capacity, or (c) any
employee of FRTIB in his or her
individual capacity where DOJ or FRTIB
has agreed to represent the employee, or
(d) the United States or any agency
thereof, is a party to the litigation or has
an interest in such litigation, and FRTIB
determines that the records are both
relevant and necessary to the litigation
and the use of such records is
compatible with the purpose for which
FRTIB collected the records.
10. Routine Use—Litigation,
Opposing Counsel: A record from this
system of records may be disclosed to a
court, magistrate, or administrative
tribunal in the course of presenting
evidence, including disclosures to
opposing counsel or witnesses in the
course of civil discovery, litigation, or
settlement negotiations or in connection
with criminal law proceedings or in
response to a subpoena.
11. Routine Use—NARA/Records
Management: A record from this system
of records may be disclosed to the
National Archives and Records
Administration (NARA) or other federal
government agencies pursuant to the
Federal Records Act.
12. Routine Use—Redress: A record
from this system of records may be
disclosed to a federal, state, tribal, local,
international, or foreign government
agency or entity for the purpose of
consulting with that agency or entity: (1)
To assist in making a determination
regarding redress for an individual in
connection with the operations of a
FRTIB program; (2) for the purpose of
verifying the identity of an individual
seeking redress in connection with the
operations of a FRTIB program; or (3) for
the purpose of verifying the accuracy of
information submitted by an individual
who has requested such redress on
behalf of another individual.
13. Routine Use—Referral of
Correspondence: A record from this
system of records may be disclosed to
another Federal agency to refer
correspondence or refer to
correspondence, given the nature of the
issue.
14. Routine Use—News Media and
Public, Public Interest: Information in
this system of records may be disclosed
to the news media and the public, with
the approval of the Senior Agency
Official for Privacy, in consultation with
counsel, when there exists a legitimate
public interest in the disclosure of the
information; when disclosure is
necessary to preserve confidence in the
integrity of FRTIB; or when it is
necessary to demonstrate the
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Fmt 4701
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accountability of FRTIB’s officers,
employees, or individuals covered by
this system, except to the extent it is
determined that the release of the
specific information in the context of a
particular case would constitute an
unwarranted invasion of personal
privacy.
15. Routine Use—Breach Mitigation
and Notification: A record from this
system may be disclosed to appropriate
agencies, entities, and persons when (1)
FRTIB suspects or has confirmed that
there has been a breach of the system of
records, (2) FRTIB has determined that
as a result of the suspected or confirmed
breach there is a risk of harm to
individuals, FRTIB (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 FRTIB’s efforts to
respond to the suspected or confirmed
breach or to prevent, minimize, or
remedy such harm.
16. Routine Use—Response to Breach
of Other Records: A record from this
system may be disclosed to another
Federal agency or Federal entity, when
FRTIB 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.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records are maintained in paper and
electronic form, including on computer
databases, all of which are stored in a
secure location.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records may be retrieved by
individual name; the name of the
Member of Congress requesting a
response; and the date of the
correspondence.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are maintained in accordance
with the General Records Retention
Schedules issued by the National
Archives and Records Administration
(NARA) or an FRTIB records disposition
schedule.
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ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
FRTIB has adopted appropriate
administrative, technical, and physical
controls in accordance with FRTIB’s
security program to protect the security,
confidentiality, availability, and
integrity of the information, and to
ensure that records are not disclosed to
or accessed by unauthorized
individuals.
Paper records are stored in locked file
cabinets in areas of restricted access that
are locked after office hours. Electronic
records are stored on computer
networks and protected by assigning
usernames to individuals needing
access to the records and by passwords
set by unauthorized users that must be
changed periodically.
RECORD ACCESS PROCEDURES:
Individuals seeking to determine
whether this system of records contains
information about themselves should
submit a written request to the FOIA
Officer, FRTIB, 77 K Street NE, Suite
1000, Washington, DC 20002, and
include the following information:
a. Full name;
b. Any available information
regarding the type of record involved;
c. The address to which the record
information should be sent; and
d. You must sign your request.
Attorneys or other persons acting on
behalf of an individual must provide
written authorization from that
individual, such as a Power of Attorney,
in order for the representative to act on
their behalf. Individuals requesting
access must also comply with FRTIB’s
Privacy Act regulations regarding
verification of identity and access to
such records, available at 5 CFR part
1630.
CONTESTING RECORD PROCEDURES:
See Record Access Procedures above.
NOTIFICATION PROCEDURES:
See Record Access Procedures above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
DC 20002. Records may also be
maintained at an additional location for
Business Continuity Purposes.
SYSTEM MANAGER(S):
Human Resources Officer, Federal
Retirement Thrift Investment Board, 77
K Street NE, Suite 1000, Washington,
DC 20002, (202) 942–1600.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 8474; 5 U.S.C. 301; 5 U.S.C.
6120; and 44 U.S.C. 3101.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system of records
is to collect and maintain records on
prospective, current, and former FRTIB
employees who have participated in,
presently participate in, or have sought
to participate in FRTIB’s Telework
Program.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Prospective, current, and former
FRTIB employees who have been
granted or denied authorization to
participate in FRTIB’s Telework
Program to work at an alternative
worksite apart from their official FRTIB
duty station.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name, position title, grade level, job
series, and office name; official FRTIB
duty station address and telephone
number; alternative worksite address
and telephone number(s); date telework
agreement received and approved/
denied; telework request and approval
form; telework agreement; selfcertification home safety checklist, and
supervisor-employee checklist; type of
telework requested (e.g., situational or
core); regular work schedule; telework
schedule; approvals/disapprovals;
description and list of governmentowned equipment and software
provided to the teleworker; mass transit
benefits received through FRTIB’s mass
transit subsidy program; parking
subsidies received through FRTIB’s
subsidized parking program; and any
other miscellaneous documents
supporting telework.
HISTORY:
RECORD SOURCE CATEGORIES:
81 FR 7106 (Feb. 10, 2016).
Subject individuals; subject
individuals’ supervisors.
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SYSTEM NAME AND NUMBER:
FRTIB–17, Telework and Alternative
Work Schedule Records.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at the Federal
Retirement Thrift Investment Board, 77
K Street NE, Suite 1000, Washington,
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:
Information about covered
individuals may be disclosed without
consent as permitted by the Privacy Act
of 1974, 5 U.S.C. 552a(b), and:
1. Routine Use—Audit: A record from
this system of records may be disclosed
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43673
to an agency, organization, or individual
for the purpose of performing an audit
or oversight operations as authorized by
law, but only such information as is
necessary and relevant to such audit or
oversight function when necessary to
accomplish an agency function related
to this system of records. Individuals
provided information under this routine
use are subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to FRTIB
officers and employees.
2. Routine Use—Congressional
Inquiries: A record from this system of
records may be disclosed to a
Congressional office from the record of
an individual in response to an inquiry
from that Congressional office made at
the request of the individual to whom
the record pertains.
3. Routine Use—Contractors, et al.: A
record from this system of records may
be disclosed to contractors, grantees,
experts, consultants, the agents thereof,
and others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for
FRTIB, when necessary to accomplish
an agency function related to this
system of records. Individuals provided
information under this routine use are
subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to FRTIB
officers and employees.
4. Routine Use—Former Employees: A
record from this system of records may
be disclosed to a former employee of the
FRTIB, in accordance with applicable
regulations, for purposes of responding
to an official inquiry by a federal, state,
or local government entity or
professional licensing authority; or
facilitating communications with a
former employee that may be necessary
for personnel-related or other official
purposes where the FRTIB requires
information or consultation assistance
from the former employee regarding a
matter within that person’s former area
of responsibility.
5. Routine Use—Investigations, Third
Parties: A record from this system of
records may be disclosed to third parties
during the course of a law enforcement
investigation to the extent necessary to
obtain information pertinent to the
investigation, provided disclosure is
appropriate to the proper performance
of the official duties of the third party
officer making the disclosure.
6. Routine Use—Investigations, Other
Agencies: A record from this system of
records may be disclosed to appropriate
federal, state, local, tribal, or foreign
government agencies or multilateral
governmental organizations for the
purpose of investigating or prosecuting
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the violations of, or for enforcing or
implementing, a statute, rule,
regulation, order, license, or treaty
where FRTIB determines that the
information would assist in the
enforcement of civil or criminal laws.
7. Routine Use—Law Enforcement
Intelligence: A record from this system
of records may be disclosed to a federal,
state, tribal, local, or foreign government
agency or organization, or international
organization, lawfully engaged in
collecting law enforcement intelligence
information, whether civil or criminal,
or charged with investigating,
prosecuting, enforcing or implementing
civil or criminal laws, related rules,
regulations or orders, to enable these
entities to carry out their law
enforcement responsibilities, including
the collection of law enforcement
intelligence.
8. Routine Use—Law Enforcement
Referrals: A record from this system of
records may be disclosed to an
appropriate federal, state, tribal, local,
international, or foreign agency or other
appropriate authority charged with
investigating or prosecuting a violation
or enforcing or implementing a law,
rule, regulation, or order, where a
record, either on its face or in
conjunction with other information,
indicates a violation or potential
violation of law, which includes
criminal, civil, or regulatory violations
and such disclosure is proper and
consistent with the official duties of the
person making the disclosure.
9. Routine Use—Litigation, DOJ or
Outside Counsel: A record from this
system of records may be disclosed to
the Department of Justice, FRTIB’s
outside counsel, other federal agency
conducting litigation or in proceedings
before any court, adjudicative or
administrative body, when: (1) FRTIB,
or (b) any employee of FRTIB in his or
her official capacity, or (c) any
employee of FRTIB in his or her
individual capacity where DOJ or FRTIB
has agreed to represent the employee, or
(d) the United States or any agency
thereof, is a party to the litigation or has
an interest in such litigation, and FRTIB
determines that the records are both
relevant and necessary to the litigation
and the use of such records is
compatible with the purpose for which
FRTIB collected the records.
10. Routine Use—Litigation,
Opposing Counsel: A record from this
system of records may be disclosed to a
court, magistrate, or administrative
tribunal in the course of presenting
evidence, including disclosures to
opposing counsel or witnesses in the
course of civil discovery, litigation, or
settlement negotiations or in connection
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with criminal law proceedings or in
response to a subpoena.
11. Routine Use—NARA/Records
Management: A record from this system
of records may be disclosed to the
National Archives and Records
Administration (NARA) or other federal
government agencies pursuant to the
Federal Records Act.
12. Routine Use—Redress: A record
from this system of records may be
disclosed to a federal, state, tribal, local,
international, or foreign government
agency or entity for the purpose of
consulting with that agency or entity: (1)
To assist in making a determination
regarding redress for an individual in
connection with the operations of a
FRTIB program; (2) for the purpose of
verifying the identity of an individual
seeking redress in connection with the
operations of a FRTIB program; or (3) for
the purpose of verifying the accuracy of
information submitted by an individual
who has requested such redress on
behalf of another individual.
13. Routine Use—Medical
Professionals: A record from this system
may be disclosed to medical
professionals to obtain information
about an employee’s medical
background necessary to grant or deny
approval of medical telework.
14. Routine Use—Emergency
Preparedness: A record from this system
may be disclosed to federal, state, or
local governments during actual
emergencies, exercises, or Business
Continuity Purpose tests for emergency
preparedness and disaster recovery
training exercises.
15. Routine Use—Report of Injury,
Department of Labor: A record from this
system may be disclosed to the
Department of Labor when an employee
is injured when working at home while
in the performance of normal duties.
16. Routine Use—Telework Survey,
Office of Personnel Management: A
record from this system may be
disclosed to the Office of Personnel
Management (OPM) for use in its
Telework Survey to provide
consolidated data on participation in
FRTIB’s Telework Program.
17. Routine Use—Third-Parties,
Mediation/Alternative Dispute
Resolution: A record from this system of
records may be disclosed to appropriate
third-parties contracted by FRTIB to
facilitate mediation or other alternate
dispute resolution procedures or
programs.
18. Routine Use—Breach Mitigation
and Notification: A record from this
system may be disclosed to appropriate
agencies, entities, and persons when (1)
FRTIB suspects or has confirmed that
there has been a breach of the system of
PO 00000
Frm 00022
Fmt 4701
Sfmt 4703
records, (2) FRTIB has determined that
as a result of the suspected or confirmed
breach there is a risk of harm to
individuals, FRTIB (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 FRTIB’s efforts to
respond to the suspected or confirmed
breach or to prevent, minimize, or
remedy such harm.
19. Routine Use—Response to Breach
of Other Records: A record from this
system may be disclosed to another
Federal agency or Federal entity, when
FRTIB 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.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records are maintained in paper and
electronic form, including on computer
databases, all of which are stored in a
secure location.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are retrieved by any one or
more of the following: Employee name;
and the office in which the employee
works, will work, or previously worked.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are maintained in accordance
with the General Records Retention
Schedule 1, item 42, issued by the
National Archives and Records
Administration (NARA).
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
FRTIB has adopted appropriate
administrative, technical, and physical
controls in accordance with FRTIB’s
security program to protect the security,
confidentiality, availability, and
integrity of the information, and to
ensure that records are not disclosed to
or accessed by unauthorized
individuals.
Paper records are stored in locked file
cabinets in areas of restricted access that
are locked after office hours. Electronic
records are stored on computer
networks and protected by assigning
usernames to individuals needing
access to the records and by passwords
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set by unauthorized users that must be
changed periodically.
RECORD ACCESS PROCEDURES:
Individuals seeking to determine
whether this system of records contains
information about themselves should
submit a written request to the FOIA
Officer, FRTIB, 77 K Street NE, Suite
1000, Washington, DC 20002, and
include the following information:
a. Full name;
b. Any available information
regarding the type of record involved;
c. The address to which the record
information should be sent; and
d. You must sign your request.
Attorneys or other persons acting on
behalf of an individual must provide
written authorization from that
individual, such as a Power of Attorney,
in order for the representative to act on
their behalf. Individuals requesting
access must also comply with FRTIB’s
Privacy Act regulations regarding
verification of identity and access to
such records, available at 5 CFR part
1630.
CONTESTING RECORD PROCEDURES:
See Record Access Procedures above.
NOTIFICATION PROCEDURES:
See Record Access Procedures above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
81 FR 7106 (Feb. 10, 2016).
SYSTEM NAME AND NUMBER:
FRTIB–18, Reasonable
Accommodation Records.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at the Federal
Retirement Thrift Investment Board, 77
K Street NE, Suite 1000, Washington,
DC 20002. Records may also be
maintained at an additional location for
Business Continuity Purposes.
SYSTEM MANAGER(S):
khammond on DSKJM1Z7X2PROD with NOTICES2
Human Resources Officer, Federal
Retirement Thrift Investment Board, 77
K Street NE, Suite 1000, Washington,
DC 20002, (202) 942–1600.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 8474; 5 U.S.C. 301; 42 U.S.C.
12101 et seq.; 44 U.S.C. 3101; E.O.
13164; and E.O. 13548.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to: (1)
Allow FRTIB to collect and maintain
records on prospective, current, and
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18:19 Jul 16, 2020
Jkt 250001
former employees with disabilities who
request or receive a reasonable
accommodation by FRTIB; (2) to track
and report the processing of requests for
FRTIB-wide reasonable
accommodations to comply with
applicable laws and regulations; and (3)
to preserve and maintain the
confidentiality of medical information
submitted by or on behalf of applicants
or employees requesting a reasonable
accommodation.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Prospective, current, and former
FRTIB employees who request and/or
receive a reasonable accommodation for
a disability; and authorized individuals
or representatives (e.g., family members
or attorneys) who file a request for a
reasonable accommodation on behalf of
a prospective, current, or former
employee.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name and employment information of
employees needing an accommodation;
requestor’s name and contact
information (if different than the
employee who needs an
accommodation); date request was
initiated; information concerning the
nature of the disability and the need for
accommodation, including appropriate
medical documentation; details of the
accommodation request, such as: Type
of accommodation requested, how the
requested accommodation would assist
in job performance, the sources of
technical assistance consulted in trying
to identify alternative reasonable
accommodation, any additional
information provided by the requestor
related to the processing of the request,
and whether the request was approved
or denied, and whether the
accommodation was approved for a trial
period; and notification(s) to the
employee and his/her supervisor(s)
regarding the accommodation.
RECORD SOURCE CATEGORIES:
Subject individuals; subject
individuals’ supervisors.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:
Information about covered
individuals may be disclosed without
consent as permitted by the Privacy Act
of 1974, 5 U.S.C. 552a(b), and:
1. Routine Use—Audit: A record from
this system of records may be disclosed
to an agency, organization, or individual
for the purpose of performing an audit
or oversight operations as authorized by
law, but only such information as is
necessary and relevant to such audit or
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Fmt 4701
Sfmt 4703
43675
oversight function when necessary to
accomplish an agency function related
to this system of records. Individuals
provided information under this routine
use are subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to FRTIB
officers and employees.
2. Routine Use—Clearance Processing:
A record from this system of records
may be disclosed to an appropriate
federal, state, local, tribal, foreign, or
international agency, if the information
is relevant and necessary to a requesting
agency’s decision concerning the hiring
or retention of an individual, or
issuance of a security clearance,
background investigation, license,
contract, grant, or other benefit, or if the
information is relevant and necessary to
a FRTIB decision concerning the hiring
or retention of an employee, the
issuance of a security clearance, the
reporting of an investigation of an
employee, the letting of a contract, or
the issuance of a license, grant or other
benefit and when disclosure is
appropriate to the proper performance
of the official duties of the person
making the request.
3. Routine Use—Congressional
Inquiries: A record from this system of
records may be disclosed to a
Congressional office from the record of
an individual in response to an inquiry
from that Congressional office made at
the request of the individual to whom
the record pertains.
4. Routine Use—Contractors, et al.: A
record from this system of records may
be disclosed to contractors, grantees,
experts, consultants, the agents thereof,
and others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for
FRTIB, when necessary to accomplish
an agency function related to this
system of records. Individuals provided
information under this routine use are
subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to FRTIB
officers and employees.
5. Routine Use—Former Employees: A
record from this system of records may
be disclosed to a former employee of the
FRTIB, in accordance with applicable
regulations, for purposes of responding
to an official inquiry by a federal, state,
or local government entity or
professional licensing authority; or
facilitating communications with a
former employee that may be necessary
for personnel-related or other official
purposes where the FRTIB requires
information or consultation assistance
from the former employee regarding a
matter within that person’s former area
of responsibility.
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6. Routine Use—Investigations, Third
Parties: A record from this system of
records may be disclosed to third parties
during the course of a law enforcement
investigation to the extent necessary to
obtain information pertinent to the
investigation, provided disclosure is
appropriate to the proper performance
of the official duties of the third party
officer making the disclosure.
7. Routine Use—Investigations, Other
Agencies: A record from this system of
records may be disclosed to appropriate
federal, state, local, tribal, or foreign
government agencies or multilateral
governmental organizations for the
purpose of investigating or prosecuting
the violations of, or for enforcing or
implementing, a statute, rule,
regulation, order, license, or treaty
where FRTIB determines that the
information would assist in the
enforcement of civil or criminal laws.
8. Routine Use—Law Enforcement
Intelligence: A record from this system
of records may be disclosed to a federal,
state, tribal, local, or foreign government
agency or organization, or international
organization, lawfully engaged in
collecting law enforcement intelligence
information, whether civil or criminal,
or charged with investigating,
prosecuting, enforcing or implementing
civil or criminal laws, related rules,
regulations or orders, to enable these
entities to carry out their law
enforcement responsibilities, including
the collection of law enforcement
intelligence.
9. Routine Use—Law Enforcement
Referrals: A record from this system of
records may be disclosed to an
appropriate federal, state, tribal, local,
international, or foreign agency or other
appropriate authority charged with
investigating or prosecuting a violation
or enforcing or implementing a law,
rule, regulation, or order, where a
record, either on its face or in
conjunction with other information,
indicates a violation or potential
violation of law, which includes
criminal, civil, or regulatory violations
and such disclosure is proper and
consistent with the official duties of the
person making the disclosure.
10. Routine Use—Litigation, DOJ or
Outside Counsel: A record from this
system of records may be disclosed to
the Department of Justice, FRTIB’s
outside counsel, other federal agency
conducting litigation or in proceedings
before any court, adjudicative or
administrative body, when: (1) FRTIB,
or (b) any employee of FRTIB in his or
her official capacity, or (c) any
employee of FRTIB in his or her
individual capacity where DOJ or FRTIB
has agreed to represent the employee, or
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18:19 Jul 16, 2020
Jkt 250001
(d) the United States or any agency
thereof, is a party to the litigation or has
an interest in such litigation, and FRTIB
determines that the records are both
relevant and necessary to the litigation
and the use of such records is
compatible with the purpose for which
FRTIB collected the records.
11. Routine Use—Litigation,
Opposing Counsel: A record from this
system of records may be disclosed to a
court, magistrate, or administrative
tribunal in the course of presenting
evidence, including disclosures to
opposing counsel or witnesses in the
course of civil discovery, litigation, or
settlement negotiations or in connection
with criminal law proceedings or in
response to a subpoena.
12. Routine Use—NARA/Records
Management: A record from this system
of records may be disclosed to the
National Archives and Records
Administration (NARA) or other federal
government agencies pursuant to the
Federal Records Act.
13. Routine Use—Redress: A record
from this system of records may be
disclosed to a federal, state, tribal, local,
international, or foreign government
agency or entity for the purpose of
consulting with that agency or entity: (1)
To assist in making a determination
regarding redress for an individual in
connection with the operations of a
FRTIB program; (2) for the purpose of
verifying the identity of an individual
seeking redress in connection with the
operations of a FRTIB program; or (3) for
the purpose of verifying the accuracy of
information submitted by an individual
who has requested such redress on
behalf of another individual.
14. Routine Use—Security Threat: A
record from this system of records may
be disclosed to federal and foreign
government intelligence or
counterterrorism agencies when FRTIB
reasonably believes there to be a threat
or potential threat to national or
international security for which the
information may be useful in countering
the threat or potential threat, when
FRTIB reasonably believes such use is to
assist in anti-terrorism efforts, and
disclosure is appropriate to the proper
performance of the official duties of the
person making the disclosure.
15. Routine Use—Medical
Professionals, Reasonable
Accommodation Documentation: A
record from this system of records may
be disclosed to physicians or other
medical professionals to provide them
with or obtain from them the necessary
medical documentation and/or
certification for reasonable
accommodations.
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Fmt 4701
Sfmt 4703
16. Routine Use—Federal Agencies,
Equal Employment and Reasonable
Accommodation Issues: A record from
this system of records may be disclosed
to another federal agency or commission
with responsibility for labor or
employment relations or other issues,
including equal employment
opportunity and reasonable
accommodation issues, when that
agency or commission has jurisdiction
over reasonable accommodation issues.
17. Routine Use—Federal Agencies,
Reasonable Accommodation
Requirements: A record from this
system of records may be disclosed to
the Department of Labor (DOL), Office
of Personnel Management (OPM), Equal
Employment Opportunity Commission
(EEOC), or Office of Special Counsel
(OSC) to obtain advice regarding
statutory, regulatory, policy, and other
requirements related to reasonable
accommodation.
18. Routine Use—Mediation/
Alternative Dispute Resolution: A
record from this system of records may
be disclosed to appropriate third-parties
contracted by the Agency to facilitate
mediation or other alternative dispute
resolution procedures or programs.
19. Routine Use—Department of
Defense, Procurement of Assistive
Technologies: A record from this system
of records may be disclosed to the
Department of Defense (DOD) for the
purpose of procuring assistive
technologies and services through the
Computer/Electronic Accommodation
Program in response to a request for
reasonable accommodation.
20. Routine Use—Breach Mitigation
and Notification: A record from this
system may be disclosed to appropriate
agencies, entities, and persons when (1)
FRTIB suspects or has confirmed that
there has been a breach of the system of
records, (2) FRTIB has determined that
as a result of the suspected or confirmed
breach there is a risk of harm to
individuals, FRTIB (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 FRTIB’s efforts to
respond to the suspected or confirmed
breach or to prevent, minimize, or
remedy such harm.
21. Routine Use—Response to Breach
of Other Records: A record from this
system may be disclosed to another
Federal agency or Federal entity, when
FRTIB 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)
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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.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are maintained in accordance
with the General Records Retention
Schedule 1, item 24, issued by the
National Archives and Records
Administration (NARA).
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
FRTIB has adopted appropriate
administrative, technical, and physical
controls in accordance with FRTIB’s
security program to protect the security,
confidentiality, availability, and
integrity of the information, and to
ensure that records are not disclosed to
or accessed by unauthorized
individuals.
Paper records are stored in locked file
cabinets in areas of restricted access that
are locked after office hours. Electronic
records are stored on computer
networks and protected by assigning
usernames to individuals needing
access to the records and by passwords
set by unauthorized users that must be
changed periodically.
RECORD ACCESS PROCEDURES:
khammond on DSKJM1Z7X2PROD with NOTICES2
See Record Access Procedures above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
81 FR 7106 (Feb. 10, 2016).
Records are retrieved by any one or
more of the following: Employee name
or assigned case number.
Individuals seeking to determine
whether this system of records contains
information about themselves should
submit a written request to the FOIA
Officer, FRTIB, 77 K Street NE, Suite
1000, Washington, DC 20002, and
include the following information:
a. Full name;
b. Any available information
regarding the type of record involved;
c. The address to which the record
information should be sent; and
d. You must sign your request.
Attorneys or other persons acting on
behalf of an individual must provide
written authorization from that
individual, such as a Power of Attorney,
in order for the representative to act on
their behalf. Individuals requesting
Jkt 250001
See Record Access Procedures above.
HISTORY:
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
18:19 Jul 16, 2020
CONTESTING RECORD PROCEDURES:
NOTIFICATION PROCEDURES:
Records are maintained in paper and
electronic form, including on computer
databases, all of which are stored in a
secure location.
VerDate Sep<11>2014
access must also comply with FRTIB’s
Privacy Act regulations regarding
verification of identity and access to
such records, available at 5 CFR part
1630.
SYSTEM NAME AND NUMBER:
FRTIB–19, Freedom of Information
Act Records.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at the Federal
Retirement Thrift Investment Board, 77
K Street NE, Suite 1000, Washington,
DC 20002. Records may also be
maintained at an additional location for
Business Continuity Purposes.
SYSTEM MANAGER(S):
Chief FOIA Officer, Retirement Thrift
Investment Board, 77 K Street NE, Suite
1000, Washington, DC 20002, (202) 942–
1600.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 8474; 5 U.S.C. 552; and 44
U.S.C. 3101.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to
support the processing of record access
requests made pursuant to the Freedom
of Information Act (FOIA), whether
FRTIB receives such requests directly
from the requestor or via referral from
another agency. In addition, this system
is used to support litigation arising from
such requests and appeals, and to assist
FRTIB in carrying out any other
responsibilities under the FOIA.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
This system of records covers all
individuals who submit requests
pursuant to the FOIA; individuals
whose requests and/or records have
been referred to FRTIB by other
agencies; attorneys or other persons
representing individuals submitting
such requests and appeals; individuals
who are the subjects of such requests
and appeals; individuals who file
litigation based on their requests;
Department of Justice (DOJ) and other
government litigators; and/or FRTIB
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Fmt 4701
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43677
employees assigned to handle such
requests or appeals.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in this system include, but
are not limited to: (1) Records received,
created, or compiled in processing FOIA
requests or appeals, including original
requests and appeals, intra- or interagency memoranda, referrals,
correspondence notes, fee schedules,
assessments, cost calculations, and
other documentation related to the
referral and/or processing of the FOIA
request or appeal, correspondence with
the individuals or entities that
submitted the requests, and copies of
requested records; (2) the type of
information in the records may include
requestors’ and their attorneys’ or
representatives’ contact information, the
contact information of FRTIB
employees, the name of the individual
subject of the request or appeal, fee
determinations, unique case identifier,
and other identifiers provided by a
requestor about him or herself or about
the individual whose records are
requested.
RECORD SOURCE CATEGORIES:
Records are obtained from those
individuals who submit requests and
administrative appeals pursuant to the
FOIA or who file litigation regarding
such requests and appeals; the agency
record keeping systems searched in the
process of responding to such requests
and appeals; FRTIB employees assigned
to handle such requests, appeals, and/or
litigation; other agencies or entities that
have referred to FRTIB requests
concerning FRTIB records, or that have
consulted with FRTIB regarding
handling of particular requests; and
submitters or subjects of records or
information that have provided
assistance to FRTIB in making access or
amendment determinations.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:
Information about covered
individuals may be disclosed without
consent as permitted by the Privacy Act
of 1974, 5 U.S.C. 552a(b), and:
1. Routine Use—Audit: A record from
this system of records may be disclosed
to an agency, organization, or individual
for the purpose of performing an audit
or oversight operations as authorized by
law, but only such information as is
necessary and relevant to such audit or
oversight function when necessary to
accomplish an agency function related
to this system of records. Individuals
provided information under this routine
use are subject to the same Privacy Act
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requirements and limitations on
disclosure as are applicable to FRTIB
officers and employees.
2. Routine Use—Clearance Processing:
A record from this system of records
may be disclosed to an appropriate
federal, state, local, tribal, foreign, or
international agency, if the information
is relevant and necessary to a requesting
agency’s decision concerning the hiring
or retention of an individual, or
issuance of a security clearance,
background investigation, license,
contract, grant, or other benefit, or if the
information is relevant and necessary to
a FRTIB decision concerning the hiring
or retention of an employee, the
issuance of a security clearance, the
reporting of an investigation of an
employee, the letting of a contract, or
the issuance of a license, grant or other
benefit and when disclosure is
appropriate to the proper performance
of the official duties of the person
making the request.
3. Routine Use—Congressional
Inquiries: A record from this system of
records may be disclosed to a
Congressional office from the record of
an individual in response to an inquiry
from that Congressional office made at
the request of the individual to whom
the record pertains.
4. Routine Use—Contractors, et al.: A
record from this system of records may
be disclosed to contractors, grantees,
experts, consultants, the agents thereof,
and others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for
FRTIB, when necessary to accomplish
an agency function related to this
system of records. Individuals provided
information under this routine use are
subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to FRTIB
officers and employees.
5. Routine Use—Former Employees: A
record from this system of records may
be disclosed to a former employee of the
FRTIB, in accordance with applicable
regulations, for purposes of responding
to an official inquiry by a federal, state,
or local government entity or
professional licensing authority; or
facilitating communications with a
former employee that may be necessary
for personnel-related or other official
purposes where the FRTIB requires
information or consultation assistance
from the former employee regarding a
matter within that person’s former area
of responsibility.
6. Routine Use—Investigations, Third
Parties: A record from this system of
records may be disclosed to third parties
during the course of a law enforcement
investigation to the extent necessary to
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18:19 Jul 16, 2020
Jkt 250001
obtain information pertinent to the
investigation, provided disclosure is
appropriate to the proper performance
of the official duties of the third party
officer making the disclosure.
7. Routine Use—Investigations, Other
Agencies: A record from this system of
records may be disclosed to appropriate
federal, state, local, tribal, or foreign
government agencies or multilateral
governmental organizations for the
purpose of investigating or prosecuting
the violations of, or for enforcing or
implementing, a statute, rule,
regulation, order, license, or treaty
where FRTIB determines that the
information would assist in the
enforcement of civil or criminal laws.
8. Routine Use—Law Enforcement
Intelligence: A record from this system
of records may be disclosed to a federal,
state, tribal, local, or foreign government
agency or organization, or international
organization, lawfully engaged in
collecting law enforcement intelligence
information, whether civil or criminal,
or charged with investigating,
prosecuting, enforcing or implementing
civil or criminal laws, related rules,
regulations or orders, to enable these
entities to carry out their law
enforcement responsibilities, including
the collection of law enforcement
intelligence.
9. Routine Use—Law Enforcement
Referrals: A record from this system of
records may be disclosed to an
appropriate federal, state, tribal, local,
international, or foreign agency or other
appropriate authority charged with
investigating or prosecuting a violation
or enforcing or implementing a law,
rule, regulation, or order, where a
record, either on its face or in
conjunction with other information,
indicates a violation or potential
violation of law, which includes
criminal, civil, or regulatory violations
and such disclosure is proper and
consistent with the official duties of the
person making the disclosure.
10. Routine Use—Litigation, DOJ or
Outside Counsel: A record from this
system of records may be disclosed to
the Department of Justice, FRTIB’s
outside counsel, other federal agency
conducting litigation or in proceedings
before any court, adjudicative or
administrative body, when: (1) FRTIB,
or (b) any employee of FRTIB in his or
her official capacity, or (c) any
employee of FRTIB in his or her
individual capacity where DOJ or FRTIB
has agreed to represent the employee, or
(d) the United States or any agency
thereof, is a party to the litigation or has
an interest in such litigation, and FRTIB
determines that the records are both
relevant and necessary to the litigation
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and the use of such records is
compatible with the purpose for which
FRTIB collected the records.
11. Routine Use—Litigation,
Opposing Counsel: A record from this
system of records may be disclosed to a
court, magistrate, or administrative
tribunal in the course of presenting
evidence, including disclosures to
opposing counsel or witnesses in the
course of civil discovery, litigation, or
settlement negotiations or in connection
with criminal law proceedings or in
response to a subpoena.
12. Routine Use—NARA/Records
Management: A record from this system
of records may be disclosed to the
National Archives and Records
Administration (NARA) or other federal
government agencies pursuant to the
Federal Records Act.
13. Routine Use—Redress: A record
from this system of records may be
disclosed to a federal, state, tribal, local,
international, or foreign government
agency or entity for the purpose of
consulting with that agency or entity: (1)
To assist in making a determination
regarding redress for an individual in
connection with the operations of a
FRTIB program; (2) for the purpose of
verifying the identity of an individual
seeking redress in connection with the
operations of a FRTIB program; or (3) for
the purpose of verifying the accuracy of
information submitted by an individual
who has requested such redress on
behalf of another individual.
14. Routine Use—Security Threat: A
record from this system of records may
be disclosed to federal and foreign
government intelligence or
counterterrorism agencies when FRTIB
reasonably believes there to be a threat
or potential threat to national or
international security for which the
information may be useful in countering
the threat or potential threat, when
FRTIB reasonably believes such use is to
assist in anti-terrorism efforts, and
disclosure is appropriate to the proper
performance of the official duties of the
person making the disclosure.
15. Routine Uses—Federal Agencies,
FOIA Processing: A record from this
system of records may be disclosed to a
federal agency or other federal entity
that furnished the record or information
for the purpose of permitting that
agency or entity to make a decision
regarding access to or correction of the
record or information, or to a federal
agency or entity for purposes of
providing guidance or advice regarding
the handling of a particular request.
16. Routine Uses—Department of
Justice, Advice: A record from this
system of records may be disclosed to
the Department of Justice (DOJ) to
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obtain advice regarding statutory and
other requirements under the FOIA.
17. Routine Use—OGIS, FOIA
Responsibilities: A record from this
system of records may be disclosed to
the National Archives and Records
Administration, Office of Government
Information Services (OGIS), to the
extent necessary to fulfill its
responsibilities in 5 U.S.C. 552(h) to
review administrative agency policies,
procedures, and compliance with the
FOIA, and to facilitate OGIS’s offering of
mediation services to resolve disputes
between persons making FOIA requests
and administrative agencies.
18. Routine Use—Breach Mitigation
and Notification: A record from this
system may be disclosed to appropriate
agencies, entities, and persons when (1)
FRTIB suspects or has confirmed that
there has been a breach of the system of
records, (2) FRTIB has determined that
as a result of the suspected or confirmed
breach there is a risk of harm to
individuals, FRTIB (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 FRTIB’s efforts to
respond to the suspected or confirmed
breach or to prevent, minimize, or
remedy such harm.
19. Routine Use—Response to Breach
of Other Records: A record from this
system may be disclosed to another
Federal agency or Federal entity, when
FRTIB 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
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18:19 Jul 16, 2020
Jkt 250001
recipient agency or entity (including its
information systems, programs, and
operations), the Federal Government, or
national security, resulting from a
suspected or confirmed breach.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records are maintained in paper and
electronic form, including on computer
databases, all of which are stored in a
secure location.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are retrieved by any one or
more of the following: The name of the
requestor; the number assigned to the
request or appeal; and in some
instances, the name of the attorney
representing the requestor or appellant,
and/or the name of an individual who
is the subject of such a request or
appeal.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are retained and disposed of
in accordance with the General Records
Schedule 4.2, item 020, issued by the
National Archives and Records
Administration (NARA).
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
FRTIB has adopted appropriate
administrative, technical, and physical
controls in accordance with FRTIB’s
security program to protect the security,
confidentiality, availability, and
integrity of the information, and to
ensure that records are not disclosed to
or accessed by unauthorized
individuals.
Paper records are stored in locked file
cabinets in areas of restricted access that
are locked after office hours. Electronic
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43679
records are stored on computer
networks and protected by assigning
usernames to individuals needing
access to the records and by passwords
set by unauthorized users that must be
changed periodically.
RECORD ACCESS PROCEDURES:
Individuals seeking to determine
whether this system of records contains
information about themselves should
submit a written request to the FOIA
Officer, FRTIB, 77 K Street NE, Suite
1000, Washington, DC 20002, and
include the following information:
a. Full name;
b. Any available information
regarding the type of record involved;
c. The address to which the record
information should be sent; and
d. You must sign your request.
Attorneys or other persons acting on
behalf of an individual must provide
written authorization from that
individual, such as a Power of Attorney,
in order for the representative to act on
their behalf. Individuals requesting
access must also comply with FRTIB’s
Privacy Act regulations regarding
verification of identity and access to
such records, available at 5 CFR part
1630.
CONTESTING RECORD PROCEDURES:
See Record Access Procedures above.
NOTIFICATION PROCEDURES:
See Record Access Procedures above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
81 FR 7106 (Feb. 10, 2016).
[FR Doc. 2020–15468 Filed 7–16–20; 8:45 am]
BILLING CODE 6760–01–P
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Agencies
[Federal Register Volume 85, Number 138 (Friday, July 17, 2020)]
[Notices]
[Pages 43654-43679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15468]
[[Page 43653]]
Vol. 85
Friday,
No. 138
July 17, 2020
Part II
Federal Retirement Thrift Investment Board
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Privacy Act of 1974; System of Records; Notice
Federal Register / Vol. 85 , No. 138 / Friday, July 17, 2020 /
Notices
[[Page 43654]]
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FEDERAL RETIREMENT THRIFT INVESTMENT BOARD
Privacy Act of 1974; System of Records
AGENCY: Federal Retirement Thrift Investment Board (FRTIB).
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Privacy Act of 1974, the Federal Retirement
Thrift Investment Board (FRTIB) proposes to modify multiple existing
systems of records notices to provide updated routine uses in
accordance with OMB Memorandum M-17-12, to update the format in
accordance with OMB Circular A-108, and to provide descriptions of
previously published routine uses for purposes of consistency and
transparency. Contact information is also being provided for the system
manager.
DATES: These systems will become effective upon publication in today's
Federal Register, with the exception of the routine uses which will be
effective on August 17, 2020. FRTIB invites written comments on the
routine uses and other aspects of this system of records. Submit any
comments by August 17, 2020.
ADDRESSES: You may submit written comments to FRTIB by any one of the
following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the website instructions for submitting comments.
Fax: 202-942-1676.
Mail or Hand Delivery: Office of General Counsel, Federal
Retirement Thrift Investment Board, 77 K Street NE, Suite 1000,
Washington, DC 20002.
FOR FURTHER INFORMATION CONTACT: Megan Grumbine, General Counsel and
Senior Agency Official for Privacy, Federal Retirement Thrift
Investment Board, Office of General Counsel, 77 K Street NE, Suite
1000, Washington, DC 20002, (202) 942-1600. For access to any of the
FRTIB's systems of records, contact Amanda Haas, FOIA Officer, Office
of General Counsel, at the above address and phone number.
SUPPLEMENTARY INFORMATION: Descriptions of each system of record are
below.
FRTIB-2, Personnel Security Investigation Files: Records contained
in this system are used to document and support decisions regarding
clearance for access to sensitive FRTIB information, and the ability to
receive the suitability, eligibility, and fitness for service of
applicants for federal employment and contract positions, including
students, interns, or volunteers to the extent their duties require
access to federal facilities, information systems, or applications.
FRTIB-5, Employee Payroll, Leave, and Attendance Records: Records
contained in this system are used to perform agency functions involving
employee leave, attendance, and payments, including determinations
relating to the amounts to be paid to employees, the distribution of
pay according to employee directions (for allotments, to financial
institutions, and for other authorized purposes), and for tax
withholdings and other authorized deductions.
FRTIB-7, Contractor and Consultant Records: Records contained in
this system are used to collect and maintain records on FRTIB contracts
and consultants.
FRTIB-9, Emergency Notification Files: Records contained in this
system are used for contacting FRTIB personnel, including FRTIB
employees and contractors, and other individuals to respond to all
emergencies, including technical, manmade or natural disaster, or other
event affecting FRTIB operations, and to contact FRTIB personnel's
emergency contacts in the event of an emergency. Information from this
system of records is also used to prepare organizational charts, recall
and emergency notification rosters, and directories for business
continuity planning purposes, locate individuals on routine and/or
emergency matters; locate individuals during medical emergencies,
facility evacuations and similar situations involving threats; and
similar administrative uses requiring personnel data.
FRTIB-12, Debt Collection Records: Records contained in this system
are used to maintain a record of individuals and entities that are
indebted to the Board, a Federal agency, or a Government corporation
including, but not limited to: participants, beneficiaries, and
alternate payees of the Thrift Savings Plan; current and former
employees of the FRTIB; and individuals who received payments to which
they are not entitled. The records ensure that: Appropriate collection
action on debtors' accounts is taking and properly tracked, monies
collected are credited, and funds are returned to the Board or
appropriate agency at the time the account is collected or closed.
FRTIB-14, Legal Case Files: Records contained in this system are
used to assist FRTIB attorneys in providing legal advice to FRTIB
personnel on a wide variety of legal issues; to collect the information
of any individual who is, or will be, in litigation with the Agency, as
well as the attorneys representing the plaintiff(s) or defendant(s),
response to claims by employees, former employees, and other
individuals; to assist in the settlement of claims against the
government; to represent FRTIB during litigation; and to catalog,
investigate, litigate, or otherwise resolve any case or matter handled
by the Office of General Counsel.
FRTIB-15, Internal Investigations of Harassment and Hostile Work
Environment Allegations: Records contained in this system are
maintained for the purpose of upholding FRTIB's policy to provide for a
work environment free from all forms of harassment, including sexual
harassment, and harassment on the basis of race, color, gender,
national origin, religion, sexual orientation, age, genetic
information, reprisal, parental status, or disability.
FRTIB-16, Congressional Correspondence Files: Records contained in
this system are maintained to catalog and respond to correspondence
received from congressional offices.
FRTIB-17, Telework and Alternative Work Schedule Records: Records
contained in this system are collected and maintained on prospective,
current, and former FRTIB employees who have participated in, presently
participate in, or have sought to participate in FRTIB's Telework
Program.
FRTIB-18, Reasonable Accommodation Records: Records contained in
this system are collected to: (1) Allow FRTIB to collect and maintain
records on prospective, current, and former employees with disabilities
who request or receive a reasonable accommodation by FRTIB; (2) to
track and report the processing of requests for FRTIB-wide reasonable
accommodations to comply with applicable laws and regulations; and (3)
to preserve and maintain the confidentiality of medical information
submitted by or on behalf of applicants or employees requesting a
reasonable accommodation.
FRTIB-19, Freedom of Information Act Records: Records contained in
this system are collected to support the processing of record access
requests made pursuant to the FOIA, whether FRTIB receives such
requests directly from the requestor or via referral from another
agency. In addition, this system is used to support litigation arising
from such requests and appeals, and to assist FRTIB in carrying out any
other responsibilities under the FOIA.
On May 22, 2007, OMB issued Memorandum M-07-16, Safeguarding
[[Page 43655]]
Against and Responding to the Breach of Personally Identifiable
Information, to the heads of all executive departments and agencies.
OMB required agencies to publish a routine use for their systems of
records specifically applying to the disclosure of information in
connection with response and remedial efforts in the event of a breach
of personally identifiable information. FRTIB published a notice in the
Federal Register, 80 FR 43428 (July 22, 2015), creating new general
routine uses, including one pertaining to breach mitigation and
notification, as required by OMB M-07-16.
On January 3, 2017, OMB issued Memorandum M-17-12, Preparing for
and Responding to a Breach of Personally Identifiable Information, to
the heads of all executive departments and agencies. OMB Memorandum M-
17-12 rescinds and replaces OMB Memorandum M-07-16 and updates agency
routine use requirements for responding to a breach. Specifically, OMB
Memorandum M-17-12 requires all Senior Agency Officials for Privacy to
ensure that their agency's System of Records Notices include a routine
use for the disclosure of information necessary to respond to a breach
of the agency's personally identifiable information. Additionally, OMB
Memorandum M-17-12 requires agencies to add a routine use to ensure
that agencies are able to disclose records in their systems of records
that may reasonably be needed by another agency in responding to a
breach. To satisfy the routine use requirements in OMB Memorandum M-17-
12, FRTIB is issuing this notice in the Federal Register to modify the
systems of records notices that lack this routine use.
Pursuant to OMB Memorandum M-17-12, this notice: (1) Rescinds the
breach response routine use published at 80 FR 43428 (July 22, 2015);
(2) revises the breach response routine use for the FRTIB systems of
records, listed below; and (3) adds a new routine use to the systems of
records, listed below, to ensure that the Agency can assist another
agency in responding to a confirmed or suspected breach, as
appropriate. The routine uses have been renumbered to incorporate the
changes in these routine uses. The FRTIB has also included a contact
phone number for each associated system manager. Finally, the FRTIB is
making non-substantive revisions to the system of records notice to
align with the Office of Management and Budget's recommended model in
Circular A-108, Federal Agency Responsibilities for Review, Reporting,
and Publication under the Privacy Act, appendix II.
In accordance with 5 U.S.C. 552a(r), the Agency has provided a
report to OMB and to Congress on this notice of modified systems of
records.
Megan Grumbine,
General Counsel and Senior Agency Official for Privacy.
SYSTEM NAME AND NUMBER:
FRTIB-2, Personnel Security Investigation Files.
SECURITY CLASSIFICATION:
Most personnel identity verification records are not classified.
However, in some cases, records of certain individuals, or portions of
some records may be classified in the interest of national security.
SYSTEM LOCATION:
Federal Retirement Thrift Investment Board, 77 K Street NE, Suite
1000, Washington, DC 20002. Records may also be kept at an additional
location as backup for Business Continuity purposes. For background
investigations adjudicated by the Office of Personnel Management (OPM),
OPM may retain copies of those files pursuant to OPM/Central-9,
Personnel Investigations Records.
SYSTEM MANAGER(S):
Chief, Business Continuity and Security Services Division, 77 K
Street NE, Suite 1000, Washington, DC 20002, (202) 942-1600.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 3301; 44 U.S.C. 3101; E.O. 10450; E.O. 13488; 5 CFR 731
and 736; 61 FR 6428; and Homeland Security Presidential Directive 12.
PURPOSE(S) OF THE SYSTEM:
The records in this system of records are used to document and
support decisions regarding clearance for access to sensitive FRTIB
information, the ability to receive and the suitability, eligibility,
and fitness for service of applicants for federal employment and
contract positions, including students, interns, or volunteers to the
extent their duties require access to federal facilities, information
systems, or applications. The records may also be used to help
streamline and make more efficient the investigations and adjudications
process generally. The records may also be used to document security
violations and supervisory actions taken in response to such
violations.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who require regular, ongoing access to FRTIB
facilities, information technology systems, or sensitive information,
including current and former applicants for employment or contracts,
federal employees, government contractors, students, interns,
volunteers, affiliates, experts, instructors, and consultants to
federal programs who undergo a background investigation for the
purposes of determining suitability for employment, contractor fitness,
credentialing for HSPD-12, and/or access to FRTIB facilities or
information technology systems. This system also includes individuals
accused of security violations or found in violation of FRTIB's
security policies.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name; former names; date and place of birth; Social Security
number; home address; email address(es); phone numbers; employment
history; residential history; education and degrees earned;
citizenship; passport information; names, date and place of birth,
Social Security number, and citizenship information for spouse or
cohabitant; the name and marriage information for current and former
spouse(s); names of associates and references and their contact
information; names, dates and places of birth, citizenship, and address
of relatives; names of relatives who work for the federal government;
information on foreign contacts and activities; association records;
information on loyalty to the United States; criminal history; mental
health history; information pertaining to drug use; financial
information; fingerprints; information from the Internal Revenue
Service pertaining to income tax returns; credit reports; information
pertaining to security clearances; other agency reports furnished to
FRTIB in connection with the background investigation process;
summaries of personal and third party interviews conducted during the
background investigation; results of suitability decisions; level of
security clearance; date of issuance of security clearance; including,
but not limited to forms such as SF-85, SF-85P, SF-86, SF-87, SF-306;
FD-258; and other information generated from above, where applicable.
Records pertaining to security violations may contain information
pertaining to circumstances of the violation; witness statements,
investigator's notes, security violations; agency action taken;
requests for appeal;
[[Page 43656]]
and documentation of agency action taken in response to security
violations.
RECORD SOURCE CATEGORIES:
Information is obtained from a variety of sources including the
employee, contractor, or applicant via use of the SF-85, SF-85P, SF-86
SF-306, or SF-87, personal interviews with various individuals,
including, but not limited to the subject of the investigation,
witnesses, present and former employers, references, neighbors,
friends, co-workers, business associates, teachers, landlords, family
members, or other associates who may have information about the subject
of the investigation; investigative records and notices of personnel
actions furnished by other federal agencies; records from employers and
former employers; public records, such as court filings; publications
such as newspapers, magazines, and periodicals; FBI criminal history
records and other databases; police departments; probation officials;
prison officials financial institutions and credit reports; tax
records; medical records and health care providers; and educational
institutions. Security violation information is obtained from a variety
of sources, such as guard reports, security inspections, witnesses,
supervisor's reports, audit reports.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 552a(b), and:
1. Routine Use--Audit: A record from this system of records may be
disclosed to an agency, organization, or individual for the purpose of
performing an audit or oversight operations as authorized by law, but
only such information as is necessary and relevant to such audit or
oversight function when necessary to accomplish an agency function
related to this system of records. Individuals provided information
under this routine use are subject to the same Privacy Act requirements
and limitations on disclosure as are applicable to FRTIB officers and
employees.
2. Routine Use--Clearance Processing: A record from this system of
records may be disclosed to an appropriate federal, state, local,
tribal, foreign, or international agency, if the information is
relevant and necessary to a requesting agency's decision concerning the
hiring or retention of an individual, or issuance of a security
clearance, background investigation, license, contract, grant, or other
benefit, or if the information is relevant and necessary to a FRTIB
decision concerning the hiring or retention of an employee, the
issuance of a security clearance, the reporting of an investigation of
an employee, the letting of a contract, or the issuance of a license,
grant or other benefit and when disclosure is appropriate to the proper
performance of the official duties of the person making the request.
3. Routine Use--Congressional Inquiries: A record from this system
of records may be disclosed to a Congressional office from the record
of an individual in response to an inquiry from that Congressional
office made at the request of the individual to whom the record
pertains.
4. Routine Use--Contractors, et al.: A record from this system of
records may be disclosed to contractors, grantees, experts,
consultants, the agents thereof, and others performing or working on a
contract, service, grant, cooperative agreement, or other assignment
for FRTIB, when necessary to accomplish an agency function related to
this system of records. Individuals provided information under this
routine use are subject to the same Privacy Act requirements and
limitations on disclosure as are applicable to FRTIB officers and
employees.
5. Routine Use--Former Employees: A record from this system of
records may be disclosed to a former employee of the FRTIB, in
accordance with applicable regulations, for purposes of responding to
an official inquiry by a federal, state, or local government entity or
professional licensing authority; or facilitating communications with a
former employee that may be necessary for personnel-related or other
official purposes where the FRTIB requires information or consultation
assistance from the former employee regarding a matter within that
person's former area of responsibility.
6. Routine Use--Investigations, Third Parties: A record from this
system of records may be disclosed to third parties during the course
of a law enforcement investigation to the extent necessary to obtain
information pertinent to the investigation, provided disclosure is
appropriate to the proper performance of the official duties of the
third party officer making the disclosure.
7. Routine Use--Investigations, Other Agencies: A record from this
system of records may be disclosed to appropriate federal, state,
local, tribal, or foreign government agencies or multilateral
governmental organizations for the purpose of investigating or
prosecuting the violations of, or for enforcing or implementing, a
statute, rule, regulation, order, license, or treaty where FRTIB
determines that the information would assist in the enforcement of
civil or criminal laws.
8. Routine Use--Law Enforcement Referrals: A record from this
system of records may be disclosed to an appropriate federal, state,
tribal, local, international, or foreign agency or other appropriate
authority charged with investigating or prosecuting a violation or
enforcing or implementing a law, rule, regulation, or order, where a
record, either on its face or in conjunction with other information,
indicates a violation or potential violation of law, which includes
criminal, civil, or regulatory violations and such disclosure is proper
and consistent with the official duties of the person making the
disclosure.
9. Routine Use--Litigation, DOJ or Outside Counsel: A record from
this system of records may be disclosed to the Department of Justice,
FRTIB's outside counsel, other federal agency conducting litigation or
in proceedings before any court, adjudicative or administrative body,
when: (1) FRTIB, or (b) any employee of FRTIB in his or her official
capacity, or (c) any employee of FRTIB in his or her individual
capacity where DOJ or FRTIB has agreed to represent the employee, or
(d) the United States or any agency thereof, is a party to the
litigation or has an interest in such litigation, and FRTIB determines
that the records are both relevant and necessary to the litigation and
the use of such records is compatible with the purpose for which FRTIB
collected the records.
10. Routine Use--Litigation, Opposing Counsel: A record from this
system of records may be disclosed to a court, magistrate, or
administrative tribunal in the course of presenting evidence, including
disclosures to opposing counsel or witnesses in the course of civil
discovery, litigation, or settlement negotiations or in connection with
criminal law proceedings or in response to a subpoena.
11. Routine Use--NARA/Records Management: A record from this system
of records may be disclosed to the National Archives and Records
Administration (NARA) or other federal government agencies pursuant to
the Federal Records Act.
12. Routine Use--Redress: A record from this system of records may
be disclosed to a federal, state, tribal, local, international, or
foreign government agency or entity for the purpose of consulting with
that agency or entity: (1) To assist in making a determination
regarding redress for an individual in connection with the operations
of a
[[Page 43657]]
FRTIB program; (2) for the purpose of verifying the identity of an
individual seeking redress in connection with the operations of a FRTIB
program; or (3) for the purpose of verifying the accuracy of
information submitted by an individual who has requested such redress
on behalf of another individual.
14. Routine Use--Security Threat: A record from this system of
records may be disclosed to federal and foreign government intelligence
or counterterrorism agencies when FRTIB reasonably believes there to be
a threat or potential threat to national or international security for
which the information may be useful in countering the threat or
potential threat, when FRTIB reasonably believes such use is to assist
in anti-terrorism efforts, and disclosure is appropriate to the proper
performance of the official duties of the person making the disclosure.
15. Routine Use--Retention of Employee by Authorized Entity: A
record from this system of records may be disclosed to any authorized
source or potential source from which information is requested in the
course of an investigation concerning the retention of an employee or
other personnel action (other than hiring), or the retention of a
security clearance, contact, grant, license, or other benefit, to the
extent necessary to identify the individual, to inform the source of
the nature and purpose of the investigation, or to identify the type of
information requested.
16. Routine Use--Labor Relations: A record from this system of
records may be disclosed to OPM, the Merit Systems Protection Board,
the Federal Labor Relations Authority, the Office of Special Counsel,
or the Equal Employment Opportunity Commission to carry out its
respective authorized functions (under 5 U.S.C. 1103, 1204, and 7105
and 42 U.S.C. 2000e-4, in that order).
17. Routine Use--Private Relief Legislation: A record from this
system of records may be disclosed to the Office of Management and
Budget when necessary to the review of private relief legislation
pursuant to OMB Circular No. A-19.
18. Routine Use--Retention of Employee by Public Entity: A record
from this system of records may be disclosed to a Federal, State,
local, foreign, or tribal or other public authority the fact that this
system of records contains information relevant to the retention of an
employee, the retention of a security clearance, the letting of a
contract, or the issuance or retention of a license, grant, or other
benefit. The other agency or licensing organization may then make a
request supported by the written consent of the individual for the
entire record if it so chooses. No disclosure will be made unless the
information has been determined to be sufficiently reliable to support
a referral to another office within the agency or to another Federal
agency for criminal, civil, administrative personnel or regulatory
action.
19. Routine Use--News Media, Public Interest: A record from this
system of records may be disclosed to the news media or the general
public, factual information the disclosure of which would be in the
public interest and which would not constitute an unwarranted invasion
of personal privacy, consistent with Freedom of Information Act
standards.
20. Routine Use--National Security: A record from this system of
records may be disclosed to a Federal, State, or local agency, or other
appropriate entities or individuals, or through established liaison
channels to selected foreign governments, in order to enable an
intelligence agency to carry out its responsibilities under the
National Security Act of 1947 as amended, the CIA Act of 1949 as
amended, Executive Order 12333 or any successor order, applicable
national security directives, or classified implementing procedures
approved by the Attorney General and promulgated pursuant to such
statutes, orders or directives
21. Routine Use--Breach Mitigation and Notification: A record from
this system of records may be disclosed to appropriate agencies,
entities, and persons when (1) FRTIB suspects or has confirmed that
there has been a breach of the system of records, (2) FRTIB has
determined that as a result of the suspected or confirmed breach there
is a risk of harm to individuals, FRTIB (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 FRTIB's
efforts to respond to the suspected or confirmed breach or to prevent,
minimize, or remedy such harm.
22. Routine Use--Response to Breach of Other Records: A record from
this system of records may be disclosed to another Federal agency or
Federal entity, when FRTIB 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.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained in paper and electronic form, including on
computer databases, all of which are stored in a secure location.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Background investigation files are retrieved by any one or more of
the following identifiers: Name; Social Security number; or other
unique identifier of the individual about whom they are maintained.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
These records are retained and disposed of in accordance with
General Records Schedule 18, item 22a, approved by the National
Archives and Records Administration (NARA). The records are disposed in
accordance with FRTIB disposal policies which call for burning or
shredding or deleting from the Agency's electronic record keeping
systems. Records are destroyed upon notification of death or not later
than five years after separation or transfer of employee to another
agency or department, whichever is applicable.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
FRTIB has adopted appropriate administrative, technical, and
physical controls in accordance with FRTIB's security program to
protect the security, confidentiality, availability, and integrity of
the information, and to ensure that records are not disclosed to or
accessed by unauthorized individuals.
Paper records are stored in locked file cabinets in areas of
restricted access that are locked after office hours. Electronic
records are stored on computer networks and protected by assigning
usernames to individuals needing access to the records and by passwords
set by unauthorized users that must be changed periodically.
RECORD ACCESS PROCEDURES:
Individuals seeking to determine whether this system of records
contains information about themselves should submit a written request
to the appropriate entity below, and include the following information:
a. Full name;
b. Any available information regarding the type of record involved;
[[Page 43658]]
c. The address to which the record information should be sent; and
d. You must sign your request.
1. For records maintained by FRTIB, submit a written request to the
FOIA Officer, FRTIB, 77 K Street NE, Washington, DC 20002; or
2. For records maintained by the Office of Personnel Management,
submit a written request to the FOI/PA, Office of Personnel Management,
Federal Investigative Services, P.O. Box 618, 1137 Branchton Road,
Boyers, PA 16018-0618.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual, such as a Power of
Attorney, in order for the representative to act on their behalf.
Individuals requesting access must also comply with FRTIB's Privacy Act
regulations regarding verification of identity and access to such
records, available at 5 CFR part 1630.
CONTESTING RECORD PROCEDURES:
See Record Access Procedures above.
NOTIFICATION PROCEDURES:
See Record Access Procedures above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(k)(2), records in this system of records
are exempt from the requirements of subsections (c)(3); (d); (e)(1);
(e)(4)(G), (H), (I); and (f) of 5 U.S.C. 552a. provided, however, that
if any individual is denied any right, privilege, or benefit that he or
she would otherwise be entitled to by federal law, or for which he or
she would otherwise be eligible, as a result of the maintenance of
these records, such material shall be provided to the individual,
except to the extent that the disclosure of the material would reveal
the identity of a source who furnished information to the Government
with an express promise that the identity of the source would be held
in confidence.
Pursuant to 5 U.S.C. 552a(k)(5), records in this system of records
are exempt from the requirements of subsections (c)(3); (d); (e)(1);
(e)(4)(G), (H), (I); and (f) of 5 U.S.C. 552a, but only to the extent
that the disclosure of such material would reveal the identity of a
source who furnished information to the Government under an express
promise that the identity of the source would be held in confidence.
HISTORY:
55 FR 18949 (May 7, 1990); 62 FR 59708 (Nov. 4, 1997); 73 FR 50016
(Aug. 25, 2008); 77 FR 11534 (Feb. 27, 2012); 80 FR 43428 (July 22,
2015).
SYSTEM NAME AND NUMBER:
FRTIB-5, Employee Payroll, Leave, and Attendance Records.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Federal Retirement Thrift Investment Board, 77 K Street NE, Suite
1000, Washington, DC 20002. Records may also be kept at an additional
location as backup for Business Continuity purposes.
SYSTEM MANAGER(S):
For payroll records, FRTIB's Human Resources Officer, 77 K Street
NE, Suite 1000, Washington, DC 20002, (202) 942-1600. For leave and
attendance records, FRTIB's Administrative Officer, 77 K Street NE,
Suite 1000, Washington, DC 20002, (202) 942-1600.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 8474; and 44 U.S.C. 3101.
PURPOSE(S) OF THE SYSTEM:
This system of records is maintained to perform agency functions
involving employee leave, attendance, and payments, including
determinations relating to the amounts to be paid to employees, the
distribution of pay according to employee directions (for allotments,
to financial institutions, and for other authorized purposes), and for
tax withholdings and other authorized deductions.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current and former FRTIB employees, including Special Government
Employees.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system of records includes personnel information including,
names, addresses, Social Security numbers, employee numbers, gender,
race or national origin, and disability data; duty location; position
data; awards and bonus information; employment verification
information; notifications of personnel actions; and military and
veterans data.
This system of records also includes payroll information,
including: Marital status and number of dependents; child support
enforcement court orders; information about taxes and other deductions;
debts owed to the FRTIB and garnishment information; salary data;
retirement data; Thrift Savings Plan contribution and loan amount; and
direct deposit information, including financial institution.
This system of records also includes time and attendance records
including, the number and type of hours worked; overtime information,
including compensatory or credit time earned and used; compensatory
travel earned; investigative case title and tracking number (used to
track time worked associated with a specific case); Fair Labor
Standards Act (FLSA) compensation; leave requests, balances, and
credits; leave charge codes; military leave; and medical records as
they pertain to employee medical leave.
RECORD SOURCE CATEGORIES:
Subject individuals; subject individuals' supervisor(s); subject
individuals' timekeeper(s); and the Office of Personnel Management.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 552a(b), and:
1. Routine Use--Audit: A record from this system of records may be
disclosed to an agency, organization, or individual for the purpose of
performing an audit or oversight operations as authorized by law, but
only such information as is necessary and relevant to such audit or
oversight function when necessary to accomplish an agency function
related to this system of records. Individuals provided information
under this routine use are subject to the same Privacy Act requirements
and limitations on disclosure as are applicable to FRTIB officers and
employees.
2. Routine Use--Clearance Processing: A record from this system of
records may be disclosed to an appropriate federal, state, local,
tribal, foreign, or international agency, if the information is
relevant and necessary to a requesting agency's decision concerning the
hiring or retention of an individual, or issuance of a security
clearance, background investigation, license, contract, grant, or other
benefit, or if the information is relevant and necessary to a FRTIB
decision concerning the hiring or retention of an employee, the
issuance of a security clearance, the reporting of an investigation of
an employee, the letting of a contract, or the issuance of a license,
grant or other benefit and when disclosure is appropriate to the proper
performance of the official duties of the person making the request.
3. Routine Use--Congressional Inquiries: A record from this system
of records may be disclosed to a Congressional office from the record
of an individual in response to an inquiry from that Congressional
office made at
[[Page 43659]]
the request of the individual to whom the record pertains.
4. Routine Use--Contractors, et al.: A record from this system of
records may be disclosed to contractors, grantees, experts,
consultants, the agents thereof, and others performing or working on a
contract, service, grant, cooperative agreement, or other assignment
for FRTIB, when necessary to accomplish an agency function related to
this system of records. Individuals provided information under this
routine use are subject to the same Privacy Act requirements and
limitations on disclosure as are applicable to FRTIB officers and
employees.
5. Routine Use--Debt Collection: A record from this system of
records may be disclosed to the Department of Justice, the Department
of Treasury, or to a consumer reporting agency for collection action on
any delinquent debt, pursuant to 5 U.S.C. 552a(b)(12).
6. Routine Use--Former Employees: A record from this system of
records may be disclosed to a former employee of the FRTIB, in
accordance with applicable regulations, for purposes of responding to
an official inquiry by a federal, state, or local government entity or
professional licensing authority; or facilitating communications with a
former employee that may be necessary for personnel-related or other
official purposes where the FRTIB requires information or consultation
assistance from the former employee regarding a matter within that
person's former area of responsibility.
7. Routine Use--Investigations, Third Parties: A record from this
system of records may be disclosed to third parties during the course
of a law enforcement investigation to the extent necessary to obtain
information pertinent to the investigation, provided disclosure is
appropriate to the proper performance of the official duties of the
third party officer making the disclosure.
8. Routine Use--Investigations, Other Agencies: A record from this
system of records may be disclosed to appropriate federal, state,
local, tribal, or foreign government agencies or multilateral
governmental organizations for the purpose of investigating or
prosecuting the violations of, or for enforcing or implementing, a
statute, rule, regulation, order, license, or treaty where FRTIB
determines that the information would assist in the enforcement of
civil or criminal laws.
9. Routine Use--Law Enforcement Intelligence: A record from this
system of records may be disclosed to a federal, state, tribal, local,
or foreign government agency or organization, or international
organization, lawfully engaged in collecting law enforcement
intelligence information, whether civil or criminal, or charged with
investigating, prosecuting, enforcing or implementing civil or criminal
laws, related rules, regulations or orders, to enable these entities to
carry out their law enforcement responsibilities, including the
collection of law enforcement intelligence.
10. Routine Use--Law Enforcement Referrals: A record from this
system of records may be disclosed to an appropriate federal, state,
tribal, local, international, or foreign agency or other appropriate
authority charged with investigating or prosecuting a violation or
enforcing or implementing a law, rule, regulation, or order, where a
record, either on its face or in conjunction with other information,
indicates a violation or potential violation of law, which includes
criminal, civil, or regulatory violations and such disclosure is proper
and consistent with the official duties of the person making the
disclosure.
11. Routine Use--Litigation, DOJ or Outside Counsel: A record from
this system of records may be disclosed to the Department of Justice,
FRTIB's outside counsel, other federal agency conducting litigation or
in proceedings before any court, adjudicative or administrative body,
when: (1) FRTIB, or (b) any employee of FRTIB in his or her official
capacity, or (c) any employee of FRTIB in his or her individual
capacity where DOJ or FRTIB has agreed to represent the employee, or
(d) the United States or any agency thereof, is a party to the
litigation or has an interest in such litigation, and FRTIB determines
that the records are both relevant and necessary to the litigation and
the use of such records is compatible with the purpose for which FRTIB
collected the records.
12. Routine Use--Litigation, Opposing Counsel: A record from this
system of records may be disclosed to a court, magistrate, or
administrative tribunal in the course of presenting evidence, including
disclosures to opposing counsel or witnesses in the course of civil
discovery, litigation, or settlement negotiations or in connection with
criminal law proceedings or in response to a subpoena.
13. Routine Use--NARA/Records Management: A record from this system
of records may be disclosed to the National Archives and Records
Administration (NARA) or other federal government agencies pursuant to
the Federal Records Act.
14. Routine Use--Redress: A record from this system of records may
be disclosed to a federal, state, tribal, local, international, or
foreign government agency or entity for the purpose of consulting with
that agency or entity: (1) To assist in making a determination
regarding redress for an individual in connection with the operations
of a FRTIB program; (2) for the purpose of verifying the identity of an
individual seeking redress in connection with the operations of a FRTIB
program; or (3) for the purpose of verifying the accuracy of
information submitted by an individual who has requested such redress
on behalf of another individual.
15. Routine Use--Security Threat: A record from this system of
records may be disclosed to federal and foreign government intelligence
or counterterrorism agencies when FRTIB reasonably believes there to be
a threat or potential threat to national or international security for
which the information may be useful in countering the threat or
potential threat, when FRTIB reasonably believes such use is to assist
in anti-terrorism efforts, and disclosure is appropriate to the proper
performance of the official duties of the person making the disclosure.
16. Routine Use--Disclosure for Purpose of Payment to Employees: A
record from this system may be disclosed to the United States
Department of the Interior, the United States Department of Labor, and
the United States Department of the Treasury to effect payments to
employees.
17. Routine Use--Offset of Salary: Payments owed to FRTIB through
current and former employees may be shared with the Department of the
Interior for the purposes of offsetting the employee's salary. Payments
owed to FRTIB through current and former employees who become
delinquent in repaying the necessary funds may be shared with the
Department of Treasury for the purpose of offsetting the employee's
salary.
18. Routine Use--Breach Mitigation and Notification: A record from
this system may be disclosed to appropriate agencies, entities, and
persons when (1) FRTIB suspects or has confirmed that there has been a
breach of the system of records, (2) FRTIB has determined that as a
result of the suspected or confirmed breach there is a risk of harm to
individuals, FRTIB (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 FRTIB's efforts to respond to
the suspected or confirmed breach or to prevent, minimize, or remedy
such harm.
[[Page 43660]]
19. Routine Use--Response to Breach of Other Records: A record from
this system may be disclosed to another Federal agency or Federal
entity, when FRTIB 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.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained in paper and electronic form, including on
computer databases, all of which are stored in a secure location.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by name; or Social Security number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained in accordance with the General Records
Schedules issued by the National Archives and Records Administration
(NARA) or an FRTIB records disposition schedule.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
FRTIB has adopted appropriate administrative, technical, and
physical controls in accordance with FRTIB's security program to
protect the security, confidentiality, availability, and integrity of
the information, and to ensure that records are not disclosed to or
accessed by unauthorized individuals.
Paper records are stored in locked file cabinets in areas of
restricted access that are locked after office hours. Electronic
records are stored on computer networks and protected by assigning
usernames to individuals needing access to the records and by passwords
set by unauthorized users that must be changed periodically.
RECORD ACCESS PROCEDURES:
Individuals seeking to determine whether this system of records
contains information about themselves should submit a written request
to the FOIA Officer, FRTIB, 77 K Street NE, Washington, DC 20002, and
include the following information:
a. Full name;
b. Any available information regarding the type of record involved;
c. The address to which the record information should be sent; and
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual, such as a Power of
Attorney, in order for the representative to act on their behalf.
Individuals requesting access must also comply with FRTIB's Privacy Act
regulations regarding verification of identity and access to such
records, available at 5 CFR part 1630.
CONTESTING RECORD PROCEDURES:
See Record Access Procedures above.
NOTIFICATION PROCEDURES:
See Record Access Procedures above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
55 FR 18949 (May 7, 1990); 62 FR 66097 (Dec. 17, 1997); 77 FR 11534
(Feb. 27, 2012); 80 FR 43428 (July 22, 2015).
SYSTEM NAME AND NUMBER:
FRTIB-7, Contractor and Consultant Records.
SECURITY CLASSIFICATION: Unclassified.
SYSTEM LOCATION:
Federal Retirement Thrift Investment Board, 77 K Street NE, Suite
1000, Washington, DC 20002. Records may also be kept at an additional
location as backup for Business Continuity purposes.
SYSTEM MANAGER(S):
Chief Procurement Officer, Federal Retirement Thrift Investment
Board, 77 K Street NE, Suite 1000, Washington, DC 20002, (202) 942-
1600.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 8474; 5 U.S.C. 3301; and 44 U.S.C. 3101.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system of records is to collect and maintain
records on FRTIB contractors and consultants.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals retained by formal agreement, who: (1) Provide
consulting services to the Board; (2) act as advisors to the Board, but
do not maintain the independence of action necessary to meet the
requirements for classification as an independent contractor; and (3)
any other individuals who receive payments from FRTIB.
CATEGORIES OF RECORDS IN THE SYSTEM:
Acquisition data for the procurement of goods and services,
including, but not limited to: Documents, letters, memorandum of
understanding relating to agreements; rates of pay; payment records;
vouchers; invoices; selection information; Commercial and Government
Entity (CAGE) codes; Dun and Bradstreet Data Universal Numbering System
(DUNS) numbers; supplier status; website; name; address; taxpayer
identification number; Social Security numbers; bank information;
invoice data; resumes; SAC forms; and other information relating to the
disbursement of funds. This system of records also contains information
pertaining to the negotiation; implementation; scope; and performance
of work.
RECORD SOURCE CATEGORIES:
Information in this system of records is obtained from the
individual to whom it applies or is derived from information supplied
by the individual, except information provided by Board staff.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 552a(b), and:
1. Routine Use--Audit: A record from this system of records may be
disclosed to an agency, organization, or individual for the purpose of
performing an audit or oversight operations as authorized by law, but
only such information as is necessary and relevant to such audit or
oversight function when necessary to accomplish an agency function
related to this system of records. Individuals provided information
under this routine use are subject to the same Privacy Act requirements
and limitations on disclosure as are applicable to FRTIB officers and
employees.
2. Routine Use--Congressional Inquiries: A record from this system
of records may be disclosed to a Congressional office from the record
of an individual in response to an inquiry from that Congressional
office made at the request of the individual to whom the record
pertains.
3. Routine Use--Contractors, et al.: A record from this system of
records may be disclosed to contractors, grantees, experts,
consultants, the agents thereof, and others performing or working on a
contract, service, grant, cooperative agreement, or other assignment
for FRTIB, when necessary to accomplish an agency function related to
this system of records. Individuals provided information under this
routine use are subject to the same Privacy Act requirements and
limitations on
[[Page 43661]]
disclosure as are applicable to FRTIB officers and employees.
4. Routine Use--Debt Collection: A record from this system of
records may be disclosed to the Department of Justice, the Department
of Treasury, or to a consumer reporting agency for collection action on
any delinquent debt, pursuant to 5 U.S.C. 552a(b)(12).
5. Routine Use--Former Employees: A record from this system of
records may be disclosed to a former employee of the FRTIB, in
accordance with applicable regulations, for purposes of responding to
an official inquiry by a federal, state, or local government entity or
professional licensing authority; or facilitating communications with a
former employee that may be necessary for personnel-related or other
official purposes where the FRTIB requires information or consultation
assistance from the former employee regarding a matter within that
person's former area of responsibility.
6. Routine Use--Investigations, Third Parties: A record from this
system of records may be disclosed to third parties during the course
of a law enforcement investigation to the extent necessary to obtain
information pertinent to the investigation, provided disclosure is
appropriate to the proper performance of the official duties of the
third party officer making the disclosure.
7. Routine Use--Investigations, Other Agencies: A record from this
system of records may be disclosed to appropriate federal, state,
local, tribal, or foreign government agencies or multilateral
governmental organizations for the purpose of investigating or
prosecuting the violations of, or for enforcing or implementing, a
statute, rule, regulation, order, license, or treaty where FRTIB
determines that the information would assist in the enforcement of
civil or criminal laws.
8. Routine Use--Law Enforcement Intelligence: A record from this
system of records may be disclosed to a federal, state, tribal, local,
or foreign government agency or organization, or international
organization, lawfully engaged in collecting law enforcement
intelligence information, whether civil or criminal, or charged with
investigating, prosecuting, enforcing or implementing civil or criminal
laws, related rules, regulations or orders, to enable these entities to
carry out their law enforcement responsibilities, including the
collection of law enforcement intelligence.
9. Routine Use--Law Enforcement Referrals: A record from this
system of records may be disclosed to an appropriate federal, state,
tribal, local, international, or foreign agency or other appropriate
authority charged with investigating or prosecuting a violation or
enforcing or implementing a law, rule, regulation, or order, where a
record, either on its face or in conjunction with other information,
indicates a violation or potential violation of law, which includes
criminal, civil, or regulatory violations and such disclosure is proper
and consistent with the official duties of the person making the
disclosure.
10. Routine Use--Litigation, DOJ or Outside Counsel: A record from
this system of records may be disclosed to the Department of Justice,
FRTIB's outside counsel, other federal agency conducting litigation or
in proceedings before any court, adjudicative or administrative body,
when: (1) FRTIB, or (b) any employee of FRTIB in his or her official
capacity, or (c) any employee of FRTIB in his or her individual
capacity where DOJ or FRTIB has agreed to represent the employee, or
(d) the United States or any agency thereof, is a party to the
litigation or has an interest in such litigation, and FRTIB determines
that the records are both relevant and necessary to the litigation and
the use of such records is compatible with the purpose for which FRTIB
collected the records.
11. Routine Use--Litigation, Opposing Counsel: A record from this
system of records may be disclosed to a court, magistrate, or
administrative tribunal in the course of presenting evidence, including
disclosures to opposing counsel or witnesses in the course of civil
discovery, litigation, or settlement negotiations or in connection with
criminal law proceedings or in response to a subpoena.
12. Routine Use--NARA/Records Management: A record from this system
of records may be disclosed to the National Archives and Records
Administration (NARA) or other federal government agencies pursuant to
the Federal Records Act.
13. Routine Use--Redress: A record from this system of records may
be disclosed to a federal, state, tribal, local, international, or
foreign government agency or entity for the purpose of consulting with
that agency or entity: (1) To assist in making a determination
regarding redress for an individual in connection with the operations
of a FRTIB program; (2) for the purpose of verifying the identity of an
individual seeking redress in connection with the operations of a FRTIB
program; or (3) for the purpose of verifying the accuracy of
information submitted by an individual who has requested such redress
on behalf of another individual.
14. Routine Use--Security Threat: A record from this system of
records may be disclosed to federal and foreign government intelligence
or counterterrorism agencies when FRTIB reasonably believes there to be
a threat or potential threat to national or international security for
which the information may be useful in countering the threat or
potential threat, when FRTIB reasonably believes such use is to assist
in anti-terrorism efforts, and disclosure is appropriate to the proper
performance of the official duties of the person making the disclosure.
15. Routine Use--Testing: A record from this system of records may
be disclosed to appropriate federal, state, local, tribal, or foreign
governmental agencies or multilateral governmental organizations where
FRTIB is aware of a need to utilize relevant data for purposes of
testing new technology and systems designed to enhance security or
identify other violations of law.
16. Routine Use--Payments to Consultants and Vendors: A record from
this system of records may be disclosed to the United States Department
of the Treasury to effect payments to consultants and vendors, or to
verify consultants' and vendors' eligibility to receive payments.
17. Routine Use--Breach Mitigation and Notification: A record from
this system may be disclosed to appropriate agencies, entities, and
persons when (1) FRTIB suspects or has confirmed that there has been a
breach of the system of records, (2) FRTIB has determined that as a
result of the suspected or confirmed breach there is a risk of harm to
individuals, FRTIB (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 FRTIB's efforts to respond to
the suspected or confirmed breach or to prevent, minimize, or remedy
such harm.
18. Routine Use--Response to Breach of Other Records: A record from
this system may be disclosed to another Federal agency or Federal
entity, when FRTIB 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.
[[Page 43662]]
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained in paper and electronic form, including on
computer databases, all of which are stored in a secure location.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Contractor and consultant files are retrieved by any one or more of
the following identifiers: Name of the contractor; name of the vendor
or contractor; voucher number and date; or other unique identifier
about whom they are maintained.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Routine procurement files are retained for 6 years and 3 months, in
accordance with the General Records Schedule 3, item 3. Procurement
files involving investments and other information concerning the Thrift
Savings Plan are retained for 99 years.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
FRTIB has adopted appropriate administrative, technical, and
physical controls in accordance with FRTIB's security program to
protect the security, confidentiality, availability, and integrity of
the information, and to ensure that records are not disclosed to or
accessed by unauthorized individuals.
Paper records are stored in locked file cabinets in areas of
restricted access that are locked after office hours. Electronic
records are stored on computer networks and protected by assigning
usernames to individuals needing access to the records and by passwords
set by unauthorized users that must be changed periodically.
RECORD ACCESS PROCEDURES:
Individuals seeking to determine whether this system of records
contains information about themselves should submit a written request
to the FOIA Officer, FRTIB, 77 K Street NE, Suite 1000, Washington, DC
20002, and include the following information:
a. Full name;
b. Any available information regarding the type of record involved;
c. The address to which the record information should be sent; and
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual, such as a Power of
Attorney, in order for the representative to act on their behalf.
Individuals requesting access must also comply with FRTIB's Privacy Act
regulations regarding verification of identity and access to such
records, available at 5 CFR part 1630.
CONTESTING RECORD PROCEDURES:
See Record Access Procedures above.
NOTIFICATION PROCEDURES:
See Record Access Procedures above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY: 55 FR 18949 (May 7, 1990); 77 FR 11534 (Feb. 27, 2012); 81
FR 7106 (Feb. 10, 2016).
SYSTEM NAME AND NUMBER:
FRTIB-9, Emergency Notification Files.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are located at the Federal Retirement Thrift Investment
Board, 77 K Street NE, Suite 1000, Washington, DC 20002. Records may
also be located in additional locations in connection with cloud-based
services and kept at an additional location as backup for Business
Continuity purposes.
SYSTEM MANAGER(S):
Chief, Business Continuity and Security Services Division, 77 K
Street NE, Suite 1000, Washington, DC 20002, (202) 942-1600.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 8474; 44 U.S.C. 3101; E.O. 12656; and Presidential
Decision Directive 67.
PURPOSE(S) OF THE SYSTEM:
This system of records is maintained for contacting FRTIB
personnel, including FRTIB employees and contractors, and other
individuals to respond to all emergencies, including technical, manmade
or natural disaster, or other event affecting FRTIB operations, and to
contact FRTIB personnel's emergency contacts in the event of an
emergency. Information from this system of records is also used to
prepare organizational charts, recall and emergency notification
rosters, and directories for business continuity planning purposes,
locate individuals on routine and/or emergency matters; locate
individuals during medical emergencies, facility evacuations and
similar situations involving threats; and similar administrative uses
requiring personnel data.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Civilian and contractor personnel working at the FRTIB located at
77 K Street NE, Washington, DC 20002; former employees; and individuals
designated as emergency points of contact.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system of records contains information regarding the following
emergency contact information for FRTIB employees, and contractor
personnel: Name; organizational office, or organizational name of
contractor; title; position and duty status; name of supervisor; any
volunteered medical information; office telephone number; government or
business email address; home address; home and cell phone numbers;
personal email address(es); the identification of essential and non-
essential employees; and other personal contact information. This
system also contains the following information for the FRTIB employee
or contractor's emergency contact: name; relationship to FRTIB employee
or contractor; work address; home address; office telephone number;
home and cell phone numbers; and email address(es).
RECORD SOURCE CATEGORIES:
Information is provided by the individual who is the subject of the
record.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 552a(b), and:
1. Routine Use--Audit: A record from this system of records may be
disclosed to an agency, organization, or individual for the purpose of
performing an audit or oversight operations as authorized by law, but
only such information as is necessary and relevant to such audit or
oversight function when necessary to accomplish an agency function
related to this system of records. Individuals provided information
under this routine use are subject to the same Privacy Act requirements
and limitations on disclosure as are applicable to FRTIB officers and
employees.
2. Routine Use--Congressional Inquiries: A record from this system
of records may be disclosed to a Congressional office from the record
of an individual in response to an inquiry from that Congressional
office made at the request of the individual to whom the record
pertains.
3. Routine Use--Contractors, et al.: A record from this system of
records may be disclosed to contractors, grantees, experts,
consultants, the agents thereof, and others performing or working on a
[[Page 43663]]
contract, service, grant, cooperative agreement, or other assignment
for FRTIB, when necessary to accomplish an agency function related to
this system of records. Individuals provided information under this
routine use are subject to the same Privacy Act requirements and
limitations on disclosure as are applicable to FRTIB officers and
employees.
4. Routine Use--Former Employees: A record from this system of
records may be disclosed to a former employee of the FRTIB, in
accordance with applicable regulations, for purposes of responding to
an official inquiry by a federal, state, or local government entity or
professional licensing authority; or facilitating communications with a
former employee that may be necessary for personnel-related or other
official purposes where the FRTIB requires information or consultation
assistance from the former employee regarding a matter within that
person's former area of responsibility.
5. Routine Use--Investigations, Third Parties: A record from this
system of records may be disclosed to third parties during the course
of a law enforcement investigation to the extent necessary to obtain
information pertinent to the investigation, provided disclosure is
appropriate to the proper performance of the official duties of the
third party officer making the disclosure.
6. Routine Use--Investigations, Other Agencies: A record from this
system of records may be disclosed to appropriate federal, state,
local, tribal, or foreign government agencies or multilateral
governmental organizations for the purpose of investigating or
prosecuting the violations of, or for enforcing or implementing, a
statute, rule, regulation, order, license, or treaty where FRTIB
determines that the information would assist in the enforcement of
civil or criminal laws.
7. Routine Use--Law Enforcement Referrals: A record from this
system of records may be disclosed to an appropriate federal, state,
tribal, local, international, or foreign agency or other appropriate
authority charged with investigating or prosecuting a violation or
enforcing or implementing a law, rule, regulation, or order, where a
record, either on its face or in conjunction with other information,
indicates a violation or potential violation of law, which includes
criminal, civil, or regulatory violations and such disclosure is proper
and consistent with the official duties of the person making the
disclosure.
8. Routine Use--Litigation, DOJ or Outside Counsel: A record from
this system of records may be disclosed to the Department of Justice,
FRTIB's outside counsel, other federal agency conducting litigation or
in proceedings before any court, adjudicative or administrative body,
when: (1) FRTIB, or (b) any employee of FRTIB in his or her official
capacity, or (c) any employee of FRTIB in his or her individual
capacity where DOJ or FRTIB has agreed to represent the employee, or
(d) the United States or any agency thereof, is a party to the
litigation or has an interest in such litigation, and FRTIB determines
that the records are both relevant and necessary to the litigation and
the use of such records is compatible with the purpose for which FRTIB
collected the records.
9. Routine Use--Litigation, Opposing Counsel: A record from this
system of records may be disclosed to a court, magistrate, or
administrative tribunal in the course of presenting evidence, including
disclosures to opposing counsel or witnesses in the course of civil
discovery, litigation, or settlement negotiations or in connection with
criminal law proceedings or in response to a subpoena.
10. Routine Use--NARA/Records Management: A record from this system
of records may be disclosed to the National Archives and Records
Administration (NARA) or other federal government agencies pursuant to
the Federal Records Act.
11. Routine Use--Redress: A record from this system of records may
be disclosed to a federal, state, tribal, local, international, or
foreign government agency or entity for the purpose of consulting with
that agency or entity: (1) To assist in making a determination
regarding redress for an individual in connection with the operations
of a FRTIB program; (2) for the purpose of verifying the identity of an
individual seeking redress in connection with the operations of a FRTIB
program; or (3) for the purpose of verifying the accuracy of
information submitted by an individual who has requested such redress
on behalf of another individual.
12. Routine Use--Security Threat: A record from this system of
records may be disclosed to federal and foreign government intelligence
or counterterrorism agencies when FRTIB reasonably believes there to be
a threat or potential threat to national or international security for
which the information may be useful in countering the threat or
potential threat, when FRTIB reasonably believes such use is to assist
in anti-terrorism efforts, and disclosure is appropriate to the proper
performance of the official duties of the person making the disclosure.
13. Routine Use--Testing: A record from this system of records may
be disclosed to appropriate federal, state, local, tribal, or foreign
governmental agencies or multilateral governmental organizations where
FRTIB is aware of a need to utilize relevant data for purposes of
testing new technology and systems designed to enhance security or
identify other violations of law.
14. Routine Use--Medical Emergency: A record in this system of
records may be disclosed to family members, emergency medical
personnel, or to law enforcement officials in case of a medical or
other emergency involving the subject individual (without the
subsequent notification prescribed in 5 U.S.C. 552a(b)(8)).
15. Routine Use--Breach Mitigation and Notification: A record from
this system may be disclosed to appropriate agencies, entities, and
persons when (1) FRTIB suspects or has confirmed that there has been a
breach of the system of records, (2) FRTIB has determined that as a
result of the suspected or confirmed breach there is a risk of harm to
individuals, FRTIB (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 FRTIB's efforts to respond to
the suspected or confirmed breach or to prevent, minimize, or remedy
such harm.
16. Routine Use--Response to Breach of Other Records: A record from
this system may be disclosed to another Federal agency or Federal
entity, when FRTIB 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.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained electronically in computer databases,
including cloud-based services, and on paper in secure facilities in a
locked drawer behind a secured-access door.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by the name of the individual on whom they
are maintained, and may also be retrieved
[[Page 43664]]
by the individual's title or phone number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained as long as the individual is an employee or
contractor for the Agency. Expired records are destroyed by shredding
or purging from the Agency's electronic recordkeeping systems.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
FRTIB has adopted appropriate administrative, technical, and
physical controls in accordance with FRTIB's security program to
protect the security, confidentiality, availability, and integrity of
the information, and to ensure that records are not disclosed to or
accessed by unauthorized individuals.
Paper records are stored in locked file cabinets in areas of
restricted access that are locked after office hours. Electronic
records are stored on computer networks and protected by assigning
usernames to individuals needing access to the records and by passwords
set by unauthorized users that must be changed periodically.
RECORD ACCESS PROCEDURES:
Individuals seeking to determine whether this system of records
contains information about themselves should submit a written request
to the FOIA Officer, FRTIB, 77 K Street NE, Suite 1000, Washington, DC
20002, and include the following information:
a. Full name;
b. Any available information regarding the type of record involved;
c. The address to which the record information should be sent; and
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual, such as a Power of
Attorney, in order for the representative to act on their behalf.
Individuals requesting access must also comply with FRTIB's Privacy Act
regulations regarding verification of identity and access to such
records, available at 5 CFR part 1630.
CONTESTING RECORD PROCEDURES:
See Record Access Procedures above.
NOTIFICATION PROCEDURES:
See Record Access Procedures above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
55 FR 18949 (May 7, 1990); 71 FR 64706 (Nov. 3, 2006); 77 FR 11534
(Feb. 27, 2012); 80 FR 43428 (July 22, 2015).
SYSTEM NAME AND NUMBER:
FRTIB-12, Debt Collection Records.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at the Federal Retirement Thrift Investment
Board, 77 K Street NE, Suite 1000, Washington, DC 20002. Records may
also be maintained at an additional location for Business Continuity
Purposes.
SYSTEM MANAGER(S):
Director, Office of Participant Services, Federal Retirement Thrift
Investment Board, 77 K Street NE, Suite 1000, Washington, DC 20002,
(202) 942-1600.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 8474; 5 U.S.C. 301; 31 U.S.C. 3711(a); and 44 U.S.C. 3101.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to maintain a record of individuals
and entities that are indebted to the Board, a Federal agency, or a
Government corporation including, but not limited to: participants,
beneficiaries, and alternate payees of the Thrift Savings Plan; current
and former employees of the FRTIB; and individuals who received
payments to which they are not entitled. The records ensure that:
Appropriate collection action on debtors' accounts is taking and
properly tracked, monies collected are credited, and funds are returned
to the Board or appropriate agency at the time the account is collected
or closed.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Records are maintained on individuals and entities that are
financially indebted to the Board, including, but not limited to:
Participants, beneficiaries, and alternate payees of the Thrift Savings
Plan; current and former employees of the FRTIB; individuals who are
consultants and vendors to FRTIB; and individuals who received payments
to which they are not entitled.
CATEGORIES OF RECORDS IN THE SYSTEM:
Information varies depending on the individual debtor, the type of
indebtedness, and the agency or program to which monies are owed. The
system of records contains information including but not limited to:
(1) Individuals and commercial organizations, such as name, Taxpayer
Identification Number (i.e., Social Security Number or Employer
Identification Number), business and home addresses, and business and
home telephone numbers; (2) the indebtedness, such as the original
amount of the debt, the date the debt originated, the amount of the
delinquency/default, the date of the delinquency/default, basis of the
debt, amounts accrued for interest, penalties, and administrative
costs, and payments on the account; (3) actions taken to recover the
debt, such as copies of demand letters/invoices, and documents required
for the referral of accounts to collection agencies, or for litigation;
(4) debtor and creditor agencies, such as name, telephone number, and
address of the agency contact; (5) information for location purposes,
including information pertaining to child support cases, Mandatory
Victims Restitution Act (MVRA) cases, and tax levies; and (6) other
relevant records relating to a debt including the amount, status, and
history of the debt, and the program under which the debt arose.
RECORD SOURCE CATEGORIES:
Information in this system of records is obtained from subject
individuals; the individual entity; the Board; creditor agencies;
Federal employing agencies; Government corporations; debt collection
agencies or firms; credit bureaus, firms or agencies providing locator
services; and Federal, state, and local agencies furnishing identifying
information.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 552a(b), and:
1. Routine Use--Audit: A record from this system of records may be
disclosed to an agency, organization, or individual for the purpose of
performing an audit or oversight operations as authorized by law, but
only such information as is necessary and relevant to such audit or
oversight function when necessary to accomplish an agency function
related to this system of records. Individuals provided information
under this routine use are subject to the same Privacy Act requirements
and limitations on disclosure as are applicable to FRTIB officers and
employees.
2. Routine Use--Clearance Processing: A record from this system of
records may be disclosed to an appropriate federal, state, local,
tribal, foreign, or
[[Page 43665]]
international agency, if the information is relevant and necessary to a
requesting agency's decision concerning the hiring or retention of an
individual, or issuance of a security clearance, background
investigation, license, contract, grant, or other benefit, or if the
information is relevant and necessary to a FRTIB decision concerning
the hiring or retention of an employee, the issuance of a security
clearance, the reporting of an investigation of an employee, the
letting of a contract, or the issuance of a license, grant or other
benefit and when disclosure is appropriate to the proper performance of
the official duties of the person making the request.
3. Routine Use--Congressional Inquiries: A record from this system
of records may be disclosed to a Congressional office from the record
of an individual in response to an inquiry from that Congressional
office made at the request of the individual to whom the record
pertains.
4. Routine Use--Contractors, et al.: A record from this system of
records may be disclosed to contractors, grantees, experts,
consultants, the agents thereof, and others performing or working on a
contract, service, grant, cooperative agreement, or other assignment
for FRTIB, when necessary to accomplish an agency function related to
this system of records. Individuals provided information under this
routine use are subject to the same Privacy Act requirements and
limitations on disclosure as are applicable to FRTIB officers and
employees.
5. Routine Use--Debt Collection: A record from this system of
records may be disclosed to the Department of Justice, the Department
of Treasury, or to a consumer reporting agency for collection action on
any delinquent debt, pursuant to 5 U.S.C. 552a(b)(12).
6. Routine Use--Former Employees: A record from this system of
records may be disclosed to a former employee of the FRTIB, in
accordance with applicable regulations, for purposes of responding to
an official inquiry by a federal, state, or local government entity or
professional licensing authority; or facilitating communications with a
former employee that may be necessary for personnel-related or other
official purposes where the FRTIB requires information or consultation
assistance from the former employee regarding a matter within that
person's former area of responsibility.
7. Routine Use--Investigations, Third Parties: A record from this
system of records may be disclosed to third parties during the course
of a law enforcement investigation to the extent necessary to obtain
information pertinent to the investigation, provided disclosure is
appropriate to the proper performance of the official duties of the
third party officer making the disclosure.
8. Routine Use--Investigations, Other Agencies: A record from this
system of records may be disclosed to appropriate federal, state,
local, tribal, or foreign government agencies or multilateral
governmental organizations for the purpose of investigating or
prosecuting the violations of, or for enforcing or implementing, a
statute, rule, regulation, order, license, or treaty where FRTIB
determines that the information would assist in the enforcement of
civil or criminal laws.
9. Routine Use--Law Enforcement Intelligence: A record from this
system of records may be disclosed to a federal, state, tribal, local,
or foreign government agency or organization, or international
organization, lawfully engaged in collecting law enforcement
intelligence information, whether civil or criminal, or charged with
investigating, prosecuting, enforcing or implementing civil or criminal
laws, related rules, regulations or orders, to enable these entities to
carry out their law enforcement responsibilities, including the
collection of law enforcement intelligence.
10. Routine Use--Law Enforcement Referrals: A record from this
system of records may be disclosed to an appropriate federal, state,
tribal, local, international, or foreign agency or other appropriate
authority charged with investigating or prosecuting a violation or
enforcing or implementing a law, rule, regulation, or order, where a
record, either on its face or in conjunction with other information,
indicates a violation or potential violation of law, which includes
criminal, civil, or regulatory violations and such disclosure is proper
and consistent with the official duties of the person making the
disclosure.
11. Routine Use--Litigation, DOJ or Outside Counsel: A record from
this system of records may be disclosed to the Department of Justice,
FRTIB's outside counsel, other federal agency conducting litigation or
in proceedings before any court, adjudicative or administrative body,
when: (1) FRTIB, or (b) any employee of FRTIB in his or her official
capacity, or (c) any employee of FRTIB in his or her individual
capacity where DOJ or FRTIB has agreed to represent the employee, or
(d) the United States or any agency thereof, is a party to the
litigation or has an interest in such litigation, and FRTIB determines
that the records are both relevant and necessary to the litigation and
the use of such records is compatible with the purpose for which FRTIB
collected the records.
12. Routine Use--Litigation, Opposing Counsel: A record from this
system of records may be disclosed to a court, magistrate, or
administrative tribunal in the course of presenting evidence, including
disclosures to opposing counsel or witnesses in the course of civil
discovery, litigation, or settlement negotiations or in connection with
criminal law proceedings or in response to a subpoena.
13. Routine Use--NARA/Records Management: A record from this system
of records may be disclosed to the National Archives and Records
Administration (NARA) or other federal government agencies pursuant to
the Federal Records Act.
14. Routine Use--Redress: A record from this system of records may
be disclosed to a federal, state, tribal, local, international, or
foreign government agency or entity for the purpose of consulting with
that agency or entity: (1) To assist in making a determination
regarding redress for an individual in connection with the operations
of a FRTIB program; (2) for the purpose of verifying the identity of an
individual seeking redress in connection with the operations of a FRTIB
program; or (3) for the purpose of verifying the accuracy of
information submitted by an individual who has requested such redress
on behalf of another individual.
15. Routine Use--Security Threat: A record from this system of
records may be disclosed to federal and foreign government intelligence
or counterterrorism agencies when FRTIB reasonably believes there to be
a threat or potential threat to national or international security for
which the information may be useful in countering the threat or
potential threat, when FRTIB reasonably believes such use is to assist
in anti-terrorism efforts, and disclosure is appropriate to the proper
performance of the official duties of the person making the disclosure.
16. Routine Use--Collection of Debts, Financial Management Service:
A record from this system may be disclosed to the Financial Management
Service (FMS) of the Department of the Treasury to allow that agency to
act for the Board to enforce collection of delinquent debts owed to the
Board or the Thrift Savings Fund.
17. Routine Use--Collection of Debts, Internal Revenue Service:
Debt collection records may be disclosed to the Internal Revenue
Service for the purposes of: (1) Effecting an administrative offset
against the debtor's tax refund to recover a delinquent debt
[[Page 43666]]
owed the Board or the Thrift Savings Fund; or (2) obtaining the mailing
address of a taxpayer/debtor in order to locate the taxpayer/debtor to
collect or compromise a Federal claim against the taxpayer/debtor.
18. Routine Use--Collection of Debts, Department of Justice: A
record from this system may be disclosed to the Department of Justice
for the purpose of litigating to enforce collection of a delinquent
debt or to obtain the Department of Justice's concurrence in a decision
to compromise, suspend, or terminate collection action on a debt with a
principal amount in excess of $100,000 or such higher amount as the
Attorney General may, from time to time, prescribe in accordance with
31 U.S.C. 3711(a).
19. Routine Use--Collection of Debts, Administrative Offsets:
Information contained within this system of records may be disclosed to
the Department of the Treasury, Department of Defense, United States
Postal Service, another Federal agency, a Government corporation, or
any disbursing official of the United States for the purpose of
effecting an administrative offset against Federal payments certified
to be paid to the debtor to recover a delinquent debt owed to the
Board, the Thrift Savings Fund, or another Federal agency or department
by the debtor.
20. Routine Use--Collection of Debts, Voluntary Repayment of Debt:
Debt collection information may be disclosed to a creditor Federal
agency or Government corporation seeking assistance for the purpose of
obtaining voluntary repayment of a debt or implementing Federal
employee salary offset or administrative offset in the collection of an
unpaid financial obligation.
21. Routine Use--Collection of Debts, Wage Garnishment:
Administrative wage garnishment information may be disclosed to the
Treasury Department for the purpose of issuing wage garnishment orders
to collect a debt owed to the FRTIB.
22. Routine Use--Breach Mitigation and Notification: A record from
this system may be disclosed to appropriate agencies, entities, and
persons when (1) FRTIB suspects or has confirmed that there has been a
breach of the system of records, (2) FRTIB has determined that as a
result of the suspected or confirmed breach there is a risk of harm to
individuals, FRTIB (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 FRTIB's efforts to respond to
the suspected or confirmed breach or to prevent, minimize, or remedy
such harm.
23. Routine Use--Response to Breach of Other Records: A record from
this system may be disclosed to another Federal agency or Federal
entity, when FRTIB 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.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Debt information concerning claims of the Board and the Thrift
Savings Fund may be furnished in accordance with 5 U.S.C. 552a(b)(12)
and section 3 of the Debt Collection Act of 1982, as amended (31 U.S.C.
3701 et seq.), to consumer reporting agencies (as defined by the Fair
Credit Reporting Act 15 U.S.C. 1681a(f)), to encourage repayment of an
overdue debt.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained in paper and electronic form, including on
computer databases, all of which are stored in a secure location.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
These records are indexed and retrieved by the names, Social
Security numbers, or contact numbers of participants, employees,
contractors, or other persons who may receive monies paid to them by
the Board.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Hard-copy records are returned to the Board which has an agreement
for servicing and collection of the debt with Financial Management
Services. Files are destroyed when 10 years old, unless they are
subject to litigation in which case they are destroyed when a court
order requiring that the file be retained allows the file to be
destroyed or litigation involving the files is concluded.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
FRTIB has adopted appropriate administrative, technical, and
physical controls in accordance with FRTIB's security program to
protect the security, confidentiality, availability, and integrity of
the information, and to ensure that records are not disclosed to or
accessed by unauthorized individuals.
Paper records are stored in locked file cabinets in areas of
restricted access that are locked after office hours. Electronic
records are stored on computer networks and protected by assigning
usernames to individuals needing access to the records and by passwords
set by unauthorized users that must be changed periodically.
RECORD ACCESS PROCEDURES:
Individuals seeking to determine whether this system of records
contains information about themselves should submit a written request
to the FOIA Officer, FRTIB, 77 K Street NE, Suite 10000, Washington, DC
20002, and include the following information:
a. Full name;
b. Any available information regarding the type of record involved;
c. The address to which the record information should be sent; and
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual, such as a Power of
Attorney, in order for the representative to act on their behalf.
Individuals requesting access must also comply with FRTIB's Privacy Act
regulations regarding verification of identity and access to such
records, available at 5 CFR part 1630.
CONTESTING RECORD PROCEDURES:
See Record Access Procedures above.
NOTIFICATION PROCEDURES:
See Record Access Procedures above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
62 FR 49011 (Sept. 18, 1997); 77 FR 11534 (Feb. 27, 2012); 81 FR
7106 (Feb. 10, 2016).
SYSTEM NAME AND NUMBER:
FRTIB-14, Legal Case Files.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at the Federal Retirement Thrift Investment
Board, 77 K Street NE, Suite 1000, Washington, DC 20002. Records may
also be maintained at an additional location for Business Continuity
Purposes.
SYSTEM MANAGER(S):
General Counsel, Federal Retirement Thrift Investment Board, 77 K
Street NE,
[[Page 43667]]
Suite 1000, Washington, DC 20002, (202) 942-1600.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 8474; and 44 U.S.C. 3101.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to assist FRTIB attorneys in
providing legal advice to FRTIB personnel on a wide variety of legal
issues; to collect the information of any individual who is, or will
be, in litigation with the Agency, as well as the attorneys
representing the plaintiff(s) or defendant(s), response to claims by
employees, former employees, and other individuals; to assist in the
settlement of claims against the government; to represent FRTIB during
litigation; and to catalog, investigate, litigate, or otherwise resolve
any case or matter handled by the Office of General Counsel.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who are participants, beneficiaries, and alternate
payees of the Thrift Savings Plan; other individuals who are identified
in connection with investigations and/or litigation conducted with
regard to FERSA; individuals (including FRTIB employees) who are
parties to or witnesses in civil litigation or administrative
proceedings involving or concerning FRTIB or its officers or employees
(including Special Governmental Employees); individuals who are the
subject of a breach of personally identifiable information; individuals
who are contractors or potential contractors with FRTIB or are
otherwise personally associated with a contract or procurement matter;
individuals who receive legal advice from the Office of General
Counsel; and other individuals (including current, former, and
potential FRTIB employees (including Special Governmental Employees),
contractors, interns, externs, and volunteers) who are the subject of
or are otherwise connected to an inquiry, investigation, or other
matter handled by the Office of General Counsel.
CATEGORIES OF RECORDS IN THE SYSTEM:
Notes, reports, legal opinions and memoranda; settlements;
agreements; documentary evidence; claims and records regarding
discrimination; correspondence; contracts; contract proposals and other
procurement documents; TSP documents; participant, beneficiary, and
alternate payee files; initial and final FRTIB determinations of FERSA
matters; Freedom of Information Act and Privacy Act requests and
appeals, and decisions of those requests and appeals; drafts and legal
reviews of proposed personnel actions; personnel records; litigation
files; employee relations files; witness statements; summonses and
subpoenas; affidavits; court transcripts; discovery requests and
responses; and breach reports and supporting documents.
RECORD SOURCE CATEGORIES:
Subject individuals; TSP participants, beneficiaries, and alternate
payees; federal government records; current, and former, and potential
employees (including Special Government Employees); contractors;
interns, externs, and volunteers; the Social Security Administration;
court records; articles from publications; and other organizations or
individuals with relevant knowledge or information.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 552a(b), and:
1. Routine Use--Audit: A record from this system of records may be
disclosed to an agency, organization, or individual for the purpose of
performing an audit or oversight operations as authorized by law, but
only such information as is necessary and relevant to such audit or
oversight function when necessary to accomplish an agency function
related to this system of records. Individuals provided information
under this routine use are subject to the same Privacy Act requirements
and limitations on disclosure as are applicable to FRTIB officers and
employees.
2. Routine Use--Clearance Processing: A record from this system of
records may be disclosed to an appropriate federal, state, local,
tribal, foreign, or international agency, if the information is
relevant and necessary to a requesting agency's decision concerning the
hiring or retention of an individual, or issuance of a security
clearance, background investigation, license, contract, grant, or other
benefit, or if the information is relevant and necessary to a FRTIB
decision concerning the hiring or retention of an employee, the
issuance of a security clearance, the reporting of an investigation of
an employee, the letting of a contract, or the issuance of a license,
grant or other benefit and when disclosure is appropriate to the proper
performance of the official duties of the person making the request.
3. Routine Use--Congressional Inquiries: A record from this system
of records may be disclosed to a Congressional office from the record
of an individual in response to an inquiry from that Congressional
office made at the request of the individual to whom the record
pertains.
4. Routine Use--Contractors, et al.: A record from this system of
records may be disclosed to contractors, grantees, experts,
consultants, the agents thereof, and others performing or working on a
contract, service, grant, cooperative agreement, or other assignment
for FRTIB, when necessary to accomplish an agency function related to
this system of records. Individuals provided information under this
routine use are subject to the same Privacy Act requirements and
limitations on disclosure as are applicable to FRTIB officers and
employees.
5. Routine Use--Debt Collection: A record from this system of
records may be disclosed to the Department of Justice, the Department
of Treasury, or to a consumer reporting agency for collection action on
any delinquent debt, pursuant to 5 U.S.C. 552a(b)(12).
6. Routine Use--Former Employees: A record from this system of
records may be disclosed to a former employee of the FRTIB, in
accordance with applicable regulations, for purposes of responding to
an official inquiry by a federal, state, or local government entity or
professional licensing authority; or facilitating communications with a
former employee that may be necessary for personnel-related or other
official purposes where the FRTIB requires information or consultation
assistance from the former employee regarding a matter within that
person's former area of responsibility.
7. Routine Use--Investigations, Third Parties: A record from this
system of records may be disclosed to third parties during the course
of a law enforcement investigation to the extent necessary to obtain
information pertinent to the investigation, provided disclosure is
appropriate to the proper performance of the official duties of the
third party officer making the disclosure.
8. Routine Use--Investigations, Other Agencies: A record from this
system of records may be disclosed to appropriate federal, state,
local, tribal, or foreign government agencies or multilateral
governmental organizations for the purpose of investigating or
prosecuting the violations of, or for enforcing or implementing, a
statute, rule, regulation, order, license, or treaty where FRTIB
determines that the information would assist in the enforcement of
civil or criminal laws.
9. Routine Use--Law Enforcement Intelligence: A record from this
system of records may be disclosed to a federal,
[[Page 43668]]
state, tribal, local, or foreign government agency or organization, or
international organization, lawfully engaged in collecting law
enforcement intelligence information, whether civil or criminal, or
charged with investigating, prosecuting, enforcing or implementing
civil or criminal laws, related rules, regulations or orders, to enable
these entities to carry out their law enforcement responsibilities,
including the collection of law enforcement intelligence.
10. Routine Use--Law Enforcement Referrals: A record from this
system of records may be disclosed to an appropriate federal, state,
tribal, local, international, or foreign agency or other appropriate
authority charged with investigating or prosecuting a violation or
enforcing or implementing a law, rule, regulation, or order, where a
record, either on its face or in conjunction with other information,
indicates a violation or potential violation of law, which includes
criminal, civil, or regulatory violations and such disclosure is proper
and consistent with the official duties of the person making the
disclosure.
11. Routine Use--Litigation, DOJ or Outside Counsel: A record from
this system of records may be disclosed to the Department of Justice,
FRTIB's outside counsel, other federal agency conducting litigation or
in proceedings before any court, adjudicative or administrative body,
when: (1) FRTIB, or (b) any employee of FRTIB in his or her official
capacity, or (c) any employee of FRTIB in his or her individual
capacity where DOJ or FRTIB has agreed to represent the employee, or
(d) the United States or any agency thereof, is a party to the
litigation or has an interest in such litigation, and FRTIB determines
that the records are both relevant and necessary to the litigation and
the use of such records is compatible with the purpose for which FRTIB
collected the records.
12. Routine Use--Litigation, Opposing Counsel: A record from this
system of records may be disclosed to a court, magistrate, or
administrative tribunal in the course of presenting evidence, including
disclosures to opposing counsel or witnesses in the course of civil
discovery, litigation, or settlement negotiations or in connection with
criminal law proceedings or in response to a subpoena.
13. Routine Use--NARA/Records Management: A record from this system
of records may be disclosed to the National Archives and Records
Administration (NARA) or other federal government agencies pursuant to
the Federal Records Act.
14. Routine Use--Redress: A record from this system of records may
be disclosed to a federal, state, tribal, local, international, or
foreign government agency or entity for the purpose of consulting with
that agency or entity: (1) To assist in making a determination
regarding redress for an individual in connection with the operations
of a FRTIB program; (2) for the purpose of verifying the identity of an
individual seeking redress in connection with the operations of a FRTIB
program; or (3) for the purpose of verifying the accuracy of
information submitted by an individual who has requested such redress
on behalf of another individual.
15. Routine Use--Security Threat: A record from this system of
records may be disclosed to federal and foreign government intelligence
or counterterrorism agencies when FRTIB reasonably believes there to be
a threat or potential threat to national or international security for
which the information may be useful in countering the threat or
potential threat, when FRTIB reasonably believes such use is to assist
in anti-terrorism efforts, and disclosure is appropriate to the proper
performance of the official duties of the person making the disclosure.
16. Routine Use--Collection of Debts, General: Names, addresses,
telephone numbers, and email addresses of employees, former employees,
participants, beneficiaries, alternate payees, and information
pertaining to debts to the FRTIB may be disclosed to the Department of
Treasury, Department of Justice, a credit agency, and a debt collection
firm to collect the debt. Disclosure to a debt collection firm shall be
made only under a contract that binds any such contractor or employee
of such contractor to the criminal penalties of the Privacy Act.
17. Routine Use--General Investigations, Third Parties: Information
may be provided to third parties during the course of an investigation
to the extent necessary to obtain information pertinent to the
investigation.
18. Routine Use--International Treaties or Conventions: A record
relating to a case or matter may be disseminated to a foreign country
pursuant to an international treaty or convention entered into and
ratified by the United States or to an executive agreement.
19. Routine Use--Foreign Country, Civil or Criminal Proceedings: A
record may be disseminated to a foreign country, through the United
States Department of State or directly to the representative of such
country, to the extent necessary, to assist such country in civil or
criminal proceedings in which the United States or one of its officers
or agents has an interest.
20. Routine Use--Breach Mitigation and Notification: A record from
this system may be disclosed to appropriate agencies, entities, and
persons when (1) FRTIB suspects or has confirmed that there has been a
breach of the system of records, (2) FRTIB has determined that as a
result of the suspected or confirmed breach there is a risk of harm to
individuals, FRTIB (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 FRTIB's efforts to respond to
the suspected or confirmed breach or to prevent, minimize, or remedy
such harm.
21. Routine Use--Response to Breach of Other Records: A record from
this system may be disclosed to another Federal agency or Federal
entity, when FRTIB 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.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Information from this system of records may be disclosed to a
consumer reporting agency in accordance with 31 U.S.C. 3711(e).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained electronically in computer databases,
including cloud-based services, and on paper in secure facilities in a
locked drawer behind a secured-access door.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by the name of the individual on whom they
are maintained, and may also be retrieved by case number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained in accordance with the General Records
Retention Schedules issued by the National Archives and Records
Administration (NARA) or an FRTIB records disposition schedule.
[[Page 43669]]
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
FRTIB has adopted appropriate administrative, technical, and
physical controls in accordance with FRTIB's security program to
protect the security, confidentiality, availability, and integrity of
the information, and to ensure that records are not disclosed to or
accessed by unauthorized individuals.
Paper records are stored in locked file cabinets in areas of
restricted access that are locked after office hours. Electronic
records are stored on computer networks and protected by assigning
usernames to individuals needing access to the records and by passwords
set by unauthorized users that must be changed periodically.
RECORD ACCESS PROCEDURES:
Individuals seeking to determine whether this system of records
contains information about themselves should submit a written request
to the FOIA Officer, FRTIB, 77 K Street NE, Suite 1000, Washington, DC
20002, and include the following information:
a. Full name;
b. Any available information regarding the type of record involved;
c. The address to which the record information should be sent; and
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual, such as a Power of
Attorney, in order for the representative to act on their behalf.
Individuals requesting access must also comply with FRTIB's Privacy Act
regulations regarding verification of identity and access to such
records, available at 5 CFR part 1630.
CONTESTING RECORD PROCEDURES:
See Record Access Procedures above.
NOTIFICATION PROCEDURES:
See Record Access Procedures above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(k)(2), records from this system are
exempt from the requirements of subsections (c)(3); (d); (e)(1);
(e)(4)(G), (H), (I); and (f) of 5 U.S.C. 552a, provided, however, that
if any individual is denied any right, privilege, or benefit that he or
she would otherwise be entitled to by Federal law, or for which he or
she would otherwise be eligible, as a result of the maintenance of
these records, such material shall be provided to the individual,
except to the extent that the disclosure of the material would reveal
the identity of a source who furnished information to the Government
with an express promise that the identity of the source would be held
in confidence.
HISTORY:
80 FR 43428 (July 22, 2015).
SYSTEM NAME AND NUMBER:
FRTIB-15, Internal Investigations of Harassment and Hostile Work
Environment Allegations.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at the Federal Retirement Thrift Investment
Board, 77 K Street NE, Suite 1000, Washington, DC 20002. Records may
also be maintained at an additional location for Business Continuity
Purposes.
SYSTEM MANAGER(S):
Human Resources Officer, Federal Retirement Thrift Investment
Board, 77 K Street NE, Suite 1000, Washington, DC 20002, (202) 942-
1600.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 8474; 42 U.S.C. 2000e et seq.; and 44 U.S.C. 3101.
PURPOSE(S) OF THE SYSTEM:
This system of records is maintained for the purpose of upholding
FRTIB's policy to provide for a work environment free from all forms of
harassment, including sexual harassment, and harassment on the basis of
race, color, gender, national origin, religion, sexual orientation,
age, genetic information, reprisal, parental status, or disability.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current or former FRTIB employees (including Special Government
Employees), contractors, interns, externs, and volunteers who have
filed a complaint or report of harassment or hostile work environment,
or have been accused of harassing conduct; and witnesses or potential
witnesses.
CATEGORIES OF RECORDS IN THE SYSTEM:
Current or former FRTIB employees (including Special Government
Employees), contractors, interns, externs, and volunteers who have
filed a complaint or report of harassment or hostile work environment,
or have been accused of harassing conduct; and witnesses or potential
witnesses.
RECORD SOURCE CATEGORIES:
Subject individuals; supervisors and other FRTIB employees with
knowledge; agency EEO and human resources specialists; employee
relations staff; FRTIB attorneys; outside counsel retained by subject
individuals; and medical professionals.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 552a(b), and:
1. Routine Use--Audit: A record from this system of records may be
disclosed to an agency, organization, or individual for the purpose of
performing an audit or oversight operations as authorized by law, but
only such information as is necessary and relevant to such audit or
oversight function when necessary to accomplish an agency function
related to this system of records. Individuals provided information
under this routine use are subject to the same Privacy Act requirements
and limitations on disclosure as are applicable to FRTIB officers and
employees.
2. Routine Use--Clearance Processing: A record from this system of
records may be disclosed to an appropriate federal, state, local,
tribal, foreign, or international agency, if the information is
relevant and necessary to a requesting agency's decision concerning the
hiring or retention of an individual, or issuance of a security
clearance, background investigation, license, contract, grant, or other
benefit, or if the information is relevant and necessary to a FRTIB
decision concerning the hiring or retention of an employee, the
issuance of a security clearance, the reporting of an investigation of
an employee, the letting of a contract, or the issuance of a license,
grant or other benefit and when disclosure is appropriate to the proper
performance of the official duties of the person making the request.
3. Routine Use--Congressional Inquiries: A record from this system
of records may be disclosed to a Congressional office from the record
of an individual in response to an inquiry from that Congressional
office made at the request of the individual to whom the record
pertains.
4. Routine Use--Contractors, et al.: A record from this system of
records may be disclosed to contractors, grantees, experts,
consultants, the agents thereof, and others performing or working on a
contract, service, grant, cooperative agreement, or other assignment
for FRTIB, when necessary to accomplish an agency function related to
this system of records. Individuals provided information under this
routine use are subject to the same Privacy Act requirements and
limitations on
[[Page 43670]]
disclosure as are applicable to FRTIB officers and employees.
5. Routine Use--Debt Collection: A record from this system of
records may be disclosed to the Department of Justice, the Department
of Treasury, or to a consumer reporting agency for collection action on
any delinquent debt, pursuant to 5 U.S.C. 552a(b)(12).
6. Routine Use--Former Employees: A record from this system of
records may be disclosed to a former employee of the FRTIB, in
accordance with applicable regulations, for purposes of responding to
an official inquiry by a federal, state, or local government entity or
professional licensing authority; or facilitating communications with a
former employee that may be necessary for personnel-related or other
official purposes where the FRTIB requires information or consultation
assistance from the former employee regarding a matter within that
person's former area of responsibility.
7. Routine Use--Investigations, Third Parties: A record from this
system of records may be disclosed to third parties during the course
of a law enforcement investigation to the extent necessary to obtain
information pertinent to the investigation, provided disclosure is
appropriate to the proper performance of the official duties of the
third party officer making the disclosure.
8. Routine Use--Investigations, Other Agencies: A record from this
system of records may be disclosed to appropriate federal, state,
local, tribal, or foreign government agencies or multilateral
governmental organizations for the purpose of investigating or
prosecuting the violations of, or for enforcing or implementing, a
statute, rule, regulation, order, license, or treaty where FRTIB
determines that the information would assist in the enforcement of
civil or criminal laws.
9. Routine Use--Law Enforcement Intelligence: A record from this
system of records may be disclosed to a federal, state, tribal, local,
or foreign government agency or organization, or international
organization, lawfully engaged in collecting law enforcement
intelligence information, whether civil or criminal, or charged with
investigating, prosecuting, enforcing or implementing civil or criminal
laws, related rules, regulations or orders, to enable these entities to
carry out their law enforcement responsibilities, including the
collection of law enforcement intelligence.
10. Routine Use--Law Enforcement Referrals: A record from this
system of records may be disclosed to an appropriate federal, state,
tribal, local, international, or foreign agency or other appropriate
authority charged with investigating or prosecuting a violation or
enforcing or implementing a law, rule, regulation, or order, where a
record, either on its face or in conjunction with other information,
indicates a violation or potential violation of law, which includes
criminal, civil, or regulatory violations and such disclosure is proper
and consistent with the official duties of the person making the
disclosure.
11. Routine Use--Litigation, DOJ or Outside Counsel: A record from
this system of records may be disclosed to the Department of Justice,
FRTIB's outside counsel, other federal agency conducting litigation or
in proceedings before any court, adjudicative or administrative body,
when: (1) FRTIB, or (b) any employee of FRTIB in his or her official
capacity, or (c) any employee of FRTIB in his or her individual
capacity where DOJ or FRTIB has agreed to represent the employee, or
(d) the United States or any agency thereof, is a party to the
litigation or has an interest in such litigation, and FRTIB determines
that the records are both relevant and necessary to the litigation and
the use of such records is compatible with the purpose for which FRTIB
collected the records.
12. Routine Use--Litigation, Opposing Counsel: A record from this
system of records may be disclosed to a court, magistrate, or
administrative tribunal in the course of presenting evidence, including
disclosures to opposing counsel or witnesses in the course of civil
discovery, litigation, or settlement negotiations or in connection with
criminal law proceedings or in response to a subpoena.
13. Routine Use--NARA/Records Management: A record from this system
of records may be disclosed to the National Archives and Records
Administration (NARA) or other federal government agencies pursuant to
the Federal Records Act.
14. Routine Use--Redress: A record from this system of records may
be disclosed to a federal, state, tribal, local, international, or
foreign government agency or entity for the purpose of consulting with
that agency or entity: (1) To assist in making a determination
regarding redress for an individual in connection with the operations
of a FRTIB program; (2) for the purpose of verifying the identity of an
individual seeking redress in connection with the operations of a FRTIB
program; or (3) for the purpose of verifying the accuracy of
information submitted by an individual who has requested such redress
on behalf of another individual.
15. Routine Use--Security Threat: A record from this system of
records may be disclosed to federal and foreign government intelligence
or counterterrorism agencies when FRTIB reasonably believes there to be
a threat or potential threat to national or international security for
which the information may be useful in countering the threat or
potential threat, when FRTIB reasonably believes such use is to assist
in anti-terrorism efforts, and disclosure is appropriate to the proper
performance of the official duties of the person making the disclosure.
16. Routine Use--Complainant, Witnesses: Disclosure of information
from this system of records about an investigation that may have been
conducted may be made to the complaining party; the alleged harasser;
and to a limited number of witnesses when the purpose of the disclosure
is both relevant and necessary and is compatible with the purpose for
which the information was collected.
17. Routine Use--Breach Mitigation and Notification: A record from
this system may be disclosed to appropriate agencies, entities, and
persons when (1) FRTIB suspects or has confirmed that there has been a
breach of the system of records, (2) FRTIB has determined that as a
result of the suspected or confirmed breach there is a risk of harm to
individuals, FRTIB (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 FRTIB's efforts to respond to
the suspected or confirmed breach or to prevent, minimize, or remedy
such harm.
18. Routine Use--Response to Breach of Other Records: A record from
this system may be disclosed to another Federal agency or Federal
entity, when FRTIB 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.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained electronically in computer databases,
including cloud-based services, and on paper in secure facilities in a
locked drawer behind a secured-access door.
[[Page 43671]]
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by the name of the individual on whom they
are maintained, and may also be retrieved by case number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained in accordance with the General Records
Retention Schedules issued by the National Archives and Records
Administration (NARA) or an FRTIB records disposition schedule.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
FRTIB has adopted appropriate administrative, technical, and
physical controls in accordance with FRTIB's security program to
protect the security, confidentiality, availability, and integrity of
the information, and to ensure that records are not disclosed to or
accessed by unauthorized individuals.
Paper records are stored in locked file cabinets in areas of
restricted access that are locked after office hours. Electronic
records are stored on computer networks and protected by assigning
usernames to individuals needing access to the records and by passwords
set by unauthorized users that must be changed periodically.
RECORD ACCESS PROCEDURES:
Individuals seeking to determine whether this system of records
contains information about themselves should submit a written request
to the FOIA Officer, FRTIB, 77 K Street NE, Suite 1000, Washington, DC
20002, and include the following information:
a. Full name;
b. Any available information regarding the type of record involved;
c. The address to which the record information should be sent; and
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual, such as a Power of
Attorney, in order for the representative to act on their behalf.
Individuals requesting access must also comply with FRTIB's Privacy Act
regulations regarding verification of identity and access to such
records, available at 5 CFR part 1630.
CONTESTING RECORD PROCEDURES:
See Record Access Procedures above.
NOTIFICATION PROCEDURES:
See Record Access Procedures above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(k)(2), records in this system are exempt
from the requirements of subsections (c)(3); (d); (e)(1); (e)(4)(G),
(H), (I); and (f) of 5 U.S.C. 552a, provided, however, that if any
individual is denied any right, privilege, or benefit that he or she
would otherwise be entitled to by Federal law, or for which he or she
would otherwise be eligible, as a result of the maintenance of these
records, such material shall be provided to the individual, except to
the extent that the disclosure of the material would reveal the
identity of a source who furnished information to the Government with
an express promise that the identity of the source would be held in
confidence.
HISTORY:
80 FR 43428 (July 22, 2015).
SYSTEM NAME AND NUMBER:
FRTIB-16, Congressional Correspondence Files.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at the Federal Retirement Thrift Investment
Board, 77 K Street NE, Suite 1000, Washington, DC 20002. Records may
also be maintained at an additional location for Business Continuity
Purposes.
SYSTEM MANAGER(S):
Director, Office of External Affairs, Federal Retirement Thrift
Investment Board, 77 K Street NE, Suite 1000, Washington, DC 20002,
(202) 942-1600.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 8474; 5 U.S.C. 301; and 44 U.S.C. 3101.
PURPOSE(S) OF THE SYSTEM:
This system of records is maintained to catalog and respond to
correspondence received from congressional offices.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who submit inquiries, complaints, comments, or other
correspondence to FRTIB, and the responding party on behalf of FRTIB.
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system include, but are not limited
to the following information about individuals who have corresponded
with FRTIB: Name; dates of birth; Social Security numbers; TSP account
numbers; home and business address; email address; personal and
business telephone numbers; who the correspondence is about; incoming
correspondence; FRTIB's response; the FRTIB responder's name and
business information; additional unsolicited personal information
provided by the individual; and other related materials.
RECORD SOURCE CATEGORIES:
Information used to compile records in this system is taken from
incoming correspondence and FRTIB responses to incoming correspondence
from congressional offices.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 552a(b), and:
1. Routine Use--Audit: A record from this system of records may be
disclosed to an agency, organization, or individual for the purpose of
performing an audit or oversight operations as authorized by law, but
only such information as is necessary and relevant to such audit or
oversight function when necessary to accomplish an agency function
related to this system of records. Individuals provided information
under this routine use are subject to the same Privacy Act requirements
and limitations on disclosure as are applicable to FRTIB officers and
employees.
2. Routine Use--Congressional Inquiries: A record from this system
of records may be disclosed to a Congressional office from the record
of an individual in response to an inquiry from that Congressional
office made at the request of the individual to whom the record
pertains.
3. Routine Use--Contractors, et al.: A record from this system of
records may be disclosed to contractors, grantees, experts,
consultants, the agents thereof, and others performing or working on a
contract, service, grant, cooperative agreement, or other assignment
for FRTIB, when necessary to accomplish an agency function related to
this system of records. Individuals provided information under this
routine use are subject to the same Privacy Act requirements and
limitations on disclosure as are applicable to FRTIB officers and
employees.
4. Routine Use--Former Employees: A record from this system of
records may be disclosed to a former employee of the FRTIB, in
accordance with applicable regulations, for purposes of responding to
an official inquiry by a federal, state, or local government entity or
professional licensing authority; or facilitating communications with a
[[Page 43672]]
former employee that may be necessary for personnel-related or other
official purposes where the FRTIB requires information or consultation
assistance from the former employee regarding a matter within that
person's former area of responsibility.
5. Routine Use--Investigations, Third Parties: A record from this
system of records may be disclosed to third parties during the course
of a law enforcement investigation to the extent necessary to obtain
information pertinent to the investigation, provided disclosure is
appropriate to the proper performance of the official duties of the
third party officer making the disclosure.
6. Routine Use--Investigations, Other Agencies: A record from this
system of records may be disclosed to appropriate federal, state,
local, tribal, or foreign government agencies or multilateral
governmental organizations for the purpose of investigating or
prosecuting the violations of, or for enforcing or implementing, a
statute, rule, regulation, order, license, or treaty where FRTIB
determines that the information would assist in the enforcement of
civil or criminal laws.
7. Routine Use--Law Enforcement Intelligence: A record from this
system of records may be disclosed to a federal, state, tribal, local,
or foreign government agency or organization, or international
organization, lawfully engaged in collecting law enforcement
intelligence information, whether civil or criminal, or charged with
investigating, prosecuting, enforcing or implementing civil or criminal
laws, related rules, regulations or orders, to enable these entities to
carry out their law enforcement responsibilities, including the
collection of law enforcement intelligence.
8. Routine Use--Law Enforcement Referrals: A record from this
system of records may be disclosed to an appropriate federal, state,
tribal, local, international, or foreign agency or other appropriate
authority charged with investigating or prosecuting a violation or
enforcing or implementing a law, rule, regulation, or order, where a
record, either on its face or in conjunction with other information,
indicates a violation or potential violation of law, which includes
criminal, civil, or regulatory violations and such disclosure is proper
and consistent with the official duties of the person making the
disclosure.
9. Routine Use--Litigation, DOJ or Outside Counsel: A record from
this system of records may be disclosed to the Department of Justice,
FRTIB's outside counsel, other federal agency conducting litigation or
in proceedings before any court, adjudicative or administrative body,
when: (1) FRTIB, or (b) any employee of FRTIB in his or her official
capacity, or (c) any employee of FRTIB in his or her individual
capacity where DOJ or FRTIB has agreed to represent the employee, or
(d) the United States or any agency thereof, is a party to the
litigation or has an interest in such litigation, and FRTIB determines
that the records are both relevant and necessary to the litigation and
the use of such records is compatible with the purpose for which FRTIB
collected the records.
10. Routine Use--Litigation, Opposing Counsel: A record from this
system of records may be disclosed to a court, magistrate, or
administrative tribunal in the course of presenting evidence, including
disclosures to opposing counsel or witnesses in the course of civil
discovery, litigation, or settlement negotiations or in connection with
criminal law proceedings or in response to a subpoena.
11. Routine Use--NARA/Records Management: A record from this system
of records may be disclosed to the National Archives and Records
Administration (NARA) or other federal government agencies pursuant to
the Federal Records Act.
12. Routine Use--Redress: A record from this system of records may
be disclosed to a federal, state, tribal, local, international, or
foreign government agency or entity for the purpose of consulting with
that agency or entity: (1) To assist in making a determination
regarding redress for an individual in connection with the operations
of a FRTIB program; (2) for the purpose of verifying the identity of an
individual seeking redress in connection with the operations of a FRTIB
program; or (3) for the purpose of verifying the accuracy of
information submitted by an individual who has requested such redress
on behalf of another individual.
13. Routine Use--Referral of Correspondence: A record from this
system of records may be disclosed to another Federal agency to refer
correspondence or refer to correspondence, given the nature of the
issue.
14. Routine Use--News Media and Public, Public Interest:
Information in this system of records may be disclosed to the news
media and the public, with the approval of the Senior Agency Official
for Privacy, in consultation with counsel, when there exists a
legitimate public interest in the disclosure of the information; when
disclosure is necessary to preserve confidence in the integrity of
FRTIB; or when it is necessary to demonstrate the accountability of
FRTIB's officers, employees, or individuals covered by this system,
except to the extent it is determined that the release of the specific
information in the context of a particular case would constitute an
unwarranted invasion of personal privacy.
15. Routine Use--Breach Mitigation and Notification: A record from
this system may be disclosed to appropriate agencies, entities, and
persons when (1) FRTIB suspects or has confirmed that there has been a
breach of the system of records, (2) FRTIB has determined that as a
result of the suspected or confirmed breach there is a risk of harm to
individuals, FRTIB (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 FRTIB's efforts to respond to
the suspected or confirmed breach or to prevent, minimize, or remedy
such harm.
16. Routine Use--Response to Breach of Other Records: A record from
this system may be disclosed to another Federal agency or Federal
entity, when FRTIB 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.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained in paper and electronic form, including on
computer databases, all of which are stored in a secure location.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by individual name; the name of the Member
of Congress requesting a response; and the date of the correspondence.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained in accordance with the General Records
Retention Schedules issued by the National Archives and Records
Administration (NARA) or an FRTIB records disposition schedule.
[[Page 43673]]
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
FRTIB has adopted appropriate administrative, technical, and
physical controls in accordance with FRTIB's security program to
protect the security, confidentiality, availability, and integrity of
the information, and to ensure that records are not disclosed to or
accessed by unauthorized individuals.
Paper records are stored in locked file cabinets in areas of
restricted access that are locked after office hours. Electronic
records are stored on computer networks and protected by assigning
usernames to individuals needing access to the records and by passwords
set by unauthorized users that must be changed periodically.
RECORD ACCESS PROCEDURES:
Individuals seeking to determine whether this system of records
contains information about themselves should submit a written request
to the FOIA Officer, FRTIB, 77 K Street NE, Suite 1000, Washington, DC
20002, and include the following information:
a. Full name;
b. Any available information regarding the type of record involved;
c. The address to which the record information should be sent; and
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual, such as a Power of
Attorney, in order for the representative to act on their behalf.
Individuals requesting access must also comply with FRTIB's Privacy Act
regulations regarding verification of identity and access to such
records, available at 5 CFR part 1630.
CONTESTING RECORD PROCEDURES:
See Record Access Procedures above.
NOTIFICATION PROCEDURES:
See Record Access Procedures above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
81 FR 7106 (Feb. 10, 2016).
SYSTEM NAME AND NUMBER:
FRTIB-17, Telework and Alternative Work Schedule Records.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at the Federal Retirement Thrift Investment
Board, 77 K Street NE, Suite 1000, Washington, DC 20002. Records may
also be maintained at an additional location for Business Continuity
Purposes.
SYSTEM MANAGER(S):
Human Resources Officer, Federal Retirement Thrift Investment
Board, 77 K Street NE, Suite 1000, Washington, DC 20002, (202) 942-
1600.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 8474; 5 U.S.C. 301; 5 U.S.C. 6120; and 44 U.S.C. 3101.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system of records is to collect and maintain
records on prospective, current, and former FRTIB employees who have
participated in, presently participate in, or have sought to
participate in FRTIB's Telework Program.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Prospective, current, and former FRTIB employees who have been
granted or denied authorization to participate in FRTIB's Telework
Program to work at an alternative worksite apart from their official
FRTIB duty station.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name, position title, grade level, job series, and office name;
official FRTIB duty station address and telephone number; alternative
worksite address and telephone number(s); date telework agreement
received and approved/denied; telework request and approval form;
telework agreement; self-certification home safety checklist, and
supervisor-employee checklist; type of telework requested (e.g.,
situational or core); regular work schedule; telework schedule;
approvals/disapprovals; description and list of government-owned
equipment and software provided to the teleworker; mass transit
benefits received through FRTIB's mass transit subsidy program; parking
subsidies received through FRTIB's subsidized parking program; and any
other miscellaneous documents supporting telework.
RECORD SOURCE CATEGORIES:
Subject individuals; subject individuals' supervisors.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 552a(b), and:
1. Routine Use--Audit: A record from this system of records may be
disclosed to an agency, organization, or individual for the purpose of
performing an audit or oversight operations as authorized by law, but
only such information as is necessary and relevant to such audit or
oversight function when necessary to accomplish an agency function
related to this system of records. Individuals provided information
under this routine use are subject to the same Privacy Act requirements
and limitations on disclosure as are applicable to FRTIB officers and
employees.
2. Routine Use--Congressional Inquiries: A record from this system
of records may be disclosed to a Congressional office from the record
of an individual in response to an inquiry from that Congressional
office made at the request of the individual to whom the record
pertains.
3. Routine Use--Contractors, et al.: A record from this system of
records may be disclosed to contractors, grantees, experts,
consultants, the agents thereof, and others performing or working on a
contract, service, grant, cooperative agreement, or other assignment
for FRTIB, when necessary to accomplish an agency function related to
this system of records. Individuals provided information under this
routine use are subject to the same Privacy Act requirements and
limitations on disclosure as are applicable to FRTIB officers and
employees.
4. Routine Use--Former Employees: A record from this system of
records may be disclosed to a former employee of the FRTIB, in
accordance with applicable regulations, for purposes of responding to
an official inquiry by a federal, state, or local government entity or
professional licensing authority; or facilitating communications with a
former employee that may be necessary for personnel-related or other
official purposes where the FRTIB requires information or consultation
assistance from the former employee regarding a matter within that
person's former area of responsibility.
5. Routine Use--Investigations, Third Parties: A record from this
system of records may be disclosed to third parties during the course
of a law enforcement investigation to the extent necessary to obtain
information pertinent to the investigation, provided disclosure is
appropriate to the proper performance of the official duties of the
third party officer making the disclosure.
6. Routine Use--Investigations, Other Agencies: A record from this
system of records may be disclosed to appropriate federal, state,
local, tribal, or foreign government agencies or multilateral
governmental organizations for the purpose of investigating or
prosecuting
[[Page 43674]]
the violations of, or for enforcing or implementing, a statute, rule,
regulation, order, license, or treaty where FRTIB determines that the
information would assist in the enforcement of civil or criminal laws.
7. Routine Use--Law Enforcement Intelligence: A record from this
system of records may be disclosed to a federal, state, tribal, local,
or foreign government agency or organization, or international
organization, lawfully engaged in collecting law enforcement
intelligence information, whether civil or criminal, or charged with
investigating, prosecuting, enforcing or implementing civil or criminal
laws, related rules, regulations or orders, to enable these entities to
carry out their law enforcement responsibilities, including the
collection of law enforcement intelligence.
8. Routine Use--Law Enforcement Referrals: A record from this
system of records may be disclosed to an appropriate federal, state,
tribal, local, international, or foreign agency or other appropriate
authority charged with investigating or prosecuting a violation or
enforcing or implementing a law, rule, regulation, or order, where a
record, either on its face or in conjunction with other information,
indicates a violation or potential violation of law, which includes
criminal, civil, or regulatory violations and such disclosure is proper
and consistent with the official duties of the person making the
disclosure.
9. Routine Use--Litigation, DOJ or Outside Counsel: A record from
this system of records may be disclosed to the Department of Justice,
FRTIB's outside counsel, other federal agency conducting litigation or
in proceedings before any court, adjudicative or administrative body,
when: (1) FRTIB, or (b) any employee of FRTIB in his or her official
capacity, or (c) any employee of FRTIB in his or her individual
capacity where DOJ or FRTIB has agreed to represent the employee, or
(d) the United States or any agency thereof, is a party to the
litigation or has an interest in such litigation, and FRTIB determines
that the records are both relevant and necessary to the litigation and
the use of such records is compatible with the purpose for which FRTIB
collected the records.
10. Routine Use--Litigation, Opposing Counsel: A record from this
system of records may be disclosed to a court, magistrate, or
administrative tribunal in the course of presenting evidence, including
disclosures to opposing counsel or witnesses in the course of civil
discovery, litigation, or settlement negotiations or in connection with
criminal law proceedings or in response to a subpoena.
11. Routine Use--NARA/Records Management: A record from this system
of records may be disclosed to the National Archives and Records
Administration (NARA) or other federal government agencies pursuant to
the Federal Records Act.
12. Routine Use--Redress: A record from this system of records may
be disclosed to a federal, state, tribal, local, international, or
foreign government agency or entity for the purpose of consulting with
that agency or entity: (1) To assist in making a determination
regarding redress for an individual in connection with the operations
of a FRTIB program; (2) for the purpose of verifying the identity of an
individual seeking redress in connection with the operations of a FRTIB
program; or (3) for the purpose of verifying the accuracy of
information submitted by an individual who has requested such redress
on behalf of another individual.
13. Routine Use--Medical Professionals: A record from this system
may be disclosed to medical professionals to obtain information about
an employee's medical background necessary to grant or deny approval of
medical telework.
14. Routine Use--Emergency Preparedness: A record from this system
may be disclosed to federal, state, or local governments during actual
emergencies, exercises, or Business Continuity Purpose tests for
emergency preparedness and disaster recovery training exercises.
15. Routine Use--Report of Injury, Department of Labor: A record
from this system may be disclosed to the Department of Labor when an
employee is injured when working at home while in the performance of
normal duties.
16. Routine Use--Telework Survey, Office of Personnel Management: A
record from this system may be disclosed to the Office of Personnel
Management (OPM) for use in its Telework Survey to provide consolidated
data on participation in FRTIB's Telework Program.
17. Routine Use--Third-Parties, Mediation/Alternative Dispute
Resolution: A record from this system of records may be disclosed to
appropriate third-parties contracted by FRTIB to facilitate mediation
or other alternate dispute resolution procedures or programs.
18. Routine Use--Breach Mitigation and Notification: A record from
this system may be disclosed to appropriate agencies, entities, and
persons when (1) FRTIB suspects or has confirmed that there has been a
breach of the system of records, (2) FRTIB has determined that as a
result of the suspected or confirmed breach there is a risk of harm to
individuals, FRTIB (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 FRTIB's efforts to respond to
the suspected or confirmed breach or to prevent, minimize, or remedy
such harm.
19. Routine Use--Response to Breach of Other Records: A record from
this system may be disclosed to another Federal agency or Federal
entity, when FRTIB 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.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained in paper and electronic form, including on
computer databases, all of which are stored in a secure location.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by any one or more of the following: Employee
name; and the office in which the employee works, will work, or
previously worked.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained in accordance with the General Records
Retention Schedule 1, item 42, issued by the National Archives and
Records Administration (NARA).
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
FRTIB has adopted appropriate administrative, technical, and
physical controls in accordance with FRTIB's security program to
protect the security, confidentiality, availability, and integrity of
the information, and to ensure that records are not disclosed to or
accessed by unauthorized individuals.
Paper records are stored in locked file cabinets in areas of
restricted access that are locked after office hours. Electronic
records are stored on computer networks and protected by assigning
usernames to individuals needing access to the records and by passwords
[[Page 43675]]
set by unauthorized users that must be changed periodically.
RECORD ACCESS PROCEDURES:
Individuals seeking to determine whether this system of records
contains information about themselves should submit a written request
to the FOIA Officer, FRTIB, 77 K Street NE, Suite 1000, Washington, DC
20002, and include the following information:
a. Full name;
b. Any available information regarding the type of record involved;
c. The address to which the record information should be sent; and
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual, such as a Power of
Attorney, in order for the representative to act on their behalf.
Individuals requesting access must also comply with FRTIB's Privacy Act
regulations regarding verification of identity and access to such
records, available at 5 CFR part 1630.
CONTESTING RECORD PROCEDURES:
See Record Access Procedures above.
NOTIFICATION PROCEDURES:
See Record Access Procedures above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
81 FR 7106 (Feb. 10, 2016).
SYSTEM NAME AND NUMBER:
FRTIB-18, Reasonable Accommodation Records.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at the Federal Retirement Thrift Investment
Board, 77 K Street NE, Suite 1000, Washington, DC 20002. Records may
also be maintained at an additional location for Business Continuity
Purposes.
SYSTEM MANAGER(S):
Human Resources Officer, Federal Retirement Thrift Investment
Board, 77 K Street NE, Suite 1000, Washington, DC 20002, (202) 942-
1600.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 8474; 5 U.S.C. 301; 42 U.S.C. 12101 et seq.; 44 U.S.C.
3101; E.O. 13164; and E.O. 13548.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to: (1) Allow FRTIB to collect and
maintain records on prospective, current, and former employees with
disabilities who request or receive a reasonable accommodation by
FRTIB; (2) to track and report the processing of requests for FRTIB-
wide reasonable accommodations to comply with applicable laws and
regulations; and (3) to preserve and maintain the confidentiality of
medical information submitted by or on behalf of applicants or
employees requesting a reasonable accommodation.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Prospective, current, and former FRTIB employees who request and/or
receive a reasonable accommodation for a disability; and authorized
individuals or representatives (e.g., family members or attorneys) who
file a request for a reasonable accommodation on behalf of a
prospective, current, or former employee.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name and employment information of employees needing an
accommodation; requestor's name and contact information (if different
than the employee who needs an accommodation); date request was
initiated; information concerning the nature of the disability and the
need for accommodation, including appropriate medical documentation;
details of the accommodation request, such as: Type of accommodation
requested, how the requested accommodation would assist in job
performance, the sources of technical assistance consulted in trying to
identify alternative reasonable accommodation, any additional
information provided by the requestor related to the processing of the
request, and whether the request was approved or denied, and whether
the accommodation was approved for a trial period; and notification(s)
to the employee and his/her supervisor(s) regarding the accommodation.
RECORD SOURCE CATEGORIES:
Subject individuals; subject individuals' supervisors.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 552a(b), and:
1. Routine Use--Audit: A record from this system of records may be
disclosed to an agency, organization, or individual for the purpose of
performing an audit or oversight operations as authorized by law, but
only such information as is necessary and relevant to such audit or
oversight function when necessary to accomplish an agency function
related to this system of records. Individuals provided information
under this routine use are subject to the same Privacy Act requirements
and limitations on disclosure as are applicable to FRTIB officers and
employees.
2. Routine Use--Clearance Processing: A record from this system of
records may be disclosed to an appropriate federal, state, local,
tribal, foreign, or international agency, if the information is
relevant and necessary to a requesting agency's decision concerning the
hiring or retention of an individual, or issuance of a security
clearance, background investigation, license, contract, grant, or other
benefit, or if the information is relevant and necessary to a FRTIB
decision concerning the hiring or retention of an employee, the
issuance of a security clearance, the reporting of an investigation of
an employee, the letting of a contract, or the issuance of a license,
grant or other benefit and when disclosure is appropriate to the proper
performance of the official duties of the person making the request.
3. Routine Use--Congressional Inquiries: A record from this system
of records may be disclosed to a Congressional office from the record
of an individual in response to an inquiry from that Congressional
office made at the request of the individual to whom the record
pertains.
4. Routine Use--Contractors, et al.: A record from this system of
records may be disclosed to contractors, grantees, experts,
consultants, the agents thereof, and others performing or working on a
contract, service, grant, cooperative agreement, or other assignment
for FRTIB, when necessary to accomplish an agency function related to
this system of records. Individuals provided information under this
routine use are subject to the same Privacy Act requirements and
limitations on disclosure as are applicable to FRTIB officers and
employees.
5. Routine Use--Former Employees: A record from this system of
records may be disclosed to a former employee of the FRTIB, in
accordance with applicable regulations, for purposes of responding to
an official inquiry by a federal, state, or local government entity or
professional licensing authority; or facilitating communications with a
former employee that may be necessary for personnel-related or other
official purposes where the FRTIB requires information or consultation
assistance from the former employee regarding a matter within that
person's former area of responsibility.
[[Page 43676]]
6. Routine Use--Investigations, Third Parties: A record from this
system of records may be disclosed to third parties during the course
of a law enforcement investigation to the extent necessary to obtain
information pertinent to the investigation, provided disclosure is
appropriate to the proper performance of the official duties of the
third party officer making the disclosure.
7. Routine Use--Investigations, Other Agencies: A record from this
system of records may be disclosed to appropriate federal, state,
local, tribal, or foreign government agencies or multilateral
governmental organizations for the purpose of investigating or
prosecuting the violations of, or for enforcing or implementing, a
statute, rule, regulation, order, license, or treaty where FRTIB
determines that the information would assist in the enforcement of
civil or criminal laws.
8. Routine Use--Law Enforcement Intelligence: A record from this
system of records may be disclosed to a federal, state, tribal, local,
or foreign government agency or organization, or international
organization, lawfully engaged in collecting law enforcement
intelligence information, whether civil or criminal, or charged with
investigating, prosecuting, enforcing or implementing civil or criminal
laws, related rules, regulations or orders, to enable these entities to
carry out their law enforcement responsibilities, including the
collection of law enforcement intelligence.
9. Routine Use--Law Enforcement Referrals: A record from this
system of records may be disclosed to an appropriate federal, state,
tribal, local, international, or foreign agency or other appropriate
authority charged with investigating or prosecuting a violation or
enforcing or implementing a law, rule, regulation, or order, where a
record, either on its face or in conjunction with other information,
indicates a violation or potential violation of law, which includes
criminal, civil, or regulatory violations and such disclosure is proper
and consistent with the official duties of the person making the
disclosure.
10. Routine Use--Litigation, DOJ or Outside Counsel: A record from
this system of records may be disclosed to the Department of Justice,
FRTIB's outside counsel, other federal agency conducting litigation or
in proceedings before any court, adjudicative or administrative body,
when: (1) FRTIB, or (b) any employee of FRTIB in his or her official
capacity, or (c) any employee of FRTIB in his or her individual
capacity where DOJ or FRTIB has agreed to represent the employee, or
(d) the United States or any agency thereof, is a party to the
litigation or has an interest in such litigation, and FRTIB determines
that the records are both relevant and necessary to the litigation and
the use of such records is compatible with the purpose for which FRTIB
collected the records.
11. Routine Use--Litigation, Opposing Counsel: A record from this
system of records may be disclosed to a court, magistrate, or
administrative tribunal in the course of presenting evidence, including
disclosures to opposing counsel or witnesses in the course of civil
discovery, litigation, or settlement negotiations or in connection with
criminal law proceedings or in response to a subpoena.
12. Routine Use--NARA/Records Management: A record from this system
of records may be disclosed to the National Archives and Records
Administration (NARA) or other federal government agencies pursuant to
the Federal Records Act.
13. Routine Use--Redress: A record from this system of records may
be disclosed to a federal, state, tribal, local, international, or
foreign government agency or entity for the purpose of consulting with
that agency or entity: (1) To assist in making a determination
regarding redress for an individual in connection with the operations
of a FRTIB program; (2) for the purpose of verifying the identity of an
individual seeking redress in connection with the operations of a FRTIB
program; or (3) for the purpose of verifying the accuracy of
information submitted by an individual who has requested such redress
on behalf of another individual.
14. Routine Use--Security Threat: A record from this system of
records may be disclosed to federal and foreign government intelligence
or counterterrorism agencies when FRTIB reasonably believes there to be
a threat or potential threat to national or international security for
which the information may be useful in countering the threat or
potential threat, when FRTIB reasonably believes such use is to assist
in anti-terrorism efforts, and disclosure is appropriate to the proper
performance of the official duties of the person making the disclosure.
15. Routine Use--Medical Professionals, Reasonable Accommodation
Documentation: A record from this system of records may be disclosed to
physicians or other medical professionals to provide them with or
obtain from them the necessary medical documentation and/or
certification for reasonable accommodations.
16. Routine Use--Federal Agencies, Equal Employment and Reasonable
Accommodation Issues: A record from this system of records may be
disclosed to another federal agency or commission with responsibility
for labor or employment relations or other issues, including equal
employment opportunity and reasonable accommodation issues, when that
agency or commission has jurisdiction over reasonable accommodation
issues.
17. Routine Use--Federal Agencies, Reasonable Accommodation
Requirements: A record from this system of records may be disclosed to
the Department of Labor (DOL), Office of Personnel Management (OPM),
Equal Employment Opportunity Commission (EEOC), or Office of Special
Counsel (OSC) to obtain advice regarding statutory, regulatory, policy,
and other requirements related to reasonable accommodation.
18. Routine Use--Mediation/Alternative Dispute Resolution: A record
from this system of records may be disclosed to appropriate third-
parties contracted by the Agency to facilitate mediation or other
alternative dispute resolution procedures or programs.
19. Routine Use--Department of Defense, Procurement of Assistive
Technologies: A record from this system of records may be disclosed to
the Department of Defense (DOD) for the purpose of procuring assistive
technologies and services through the Computer/Electronic Accommodation
Program in response to a request for reasonable accommodation.
20. Routine Use--Breach Mitigation and Notification: A record from
this system may be disclosed to appropriate agencies, entities, and
persons when (1) FRTIB suspects or has confirmed that there has been a
breach of the system of records, (2) FRTIB has determined that as a
result of the suspected or confirmed breach there is a risk of harm to
individuals, FRTIB (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 FRTIB's efforts to respond to
the suspected or confirmed breach or to prevent, minimize, or remedy
such harm.
21. Routine Use--Response to Breach of Other Records: A record from
this system may be disclosed to another Federal agency or Federal
entity, when FRTIB 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)
[[Page 43677]]
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.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained in paper and electronic form, including on
computer databases, all of which are stored in a secure location.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by any one or more of the following: Employee
name or assigned case number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained in accordance with the General Records
Retention Schedule 1, item 24, issued by the National Archives and
Records Administration (NARA).
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
FRTIB has adopted appropriate administrative, technical, and
physical controls in accordance with FRTIB's security program to
protect the security, confidentiality, availability, and integrity of
the information, and to ensure that records are not disclosed to or
accessed by unauthorized individuals.
Paper records are stored in locked file cabinets in areas of
restricted access that are locked after office hours. Electronic
records are stored on computer networks and protected by assigning
usernames to individuals needing access to the records and by passwords
set by unauthorized users that must be changed periodically.
RECORD ACCESS PROCEDURES:
Individuals seeking to determine whether this system of records
contains information about themselves should submit a written request
to the FOIA Officer, FRTIB, 77 K Street NE, Suite 1000, Washington, DC
20002, and include the following information:
a. Full name;
b. Any available information regarding the type of record involved;
c. The address to which the record information should be sent; and
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual, such as a Power of
Attorney, in order for the representative to act on their behalf.
Individuals requesting access must also comply with FRTIB's Privacy Act
regulations regarding verification of identity and access to such
records, available at 5 CFR part 1630.
CONTESTING RECORD PROCEDURES:
See Record Access Procedures above.
NOTIFICATION PROCEDURES:
See Record Access Procedures above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
81 FR 7106 (Feb. 10, 2016).
SYSTEM NAME AND NUMBER:
FRTIB-19, Freedom of Information Act Records.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at the Federal Retirement Thrift Investment
Board, 77 K Street NE, Suite 1000, Washington, DC 20002. Records may
also be maintained at an additional location for Business Continuity
Purposes.
SYSTEM MANAGER(S):
Chief FOIA Officer, Retirement Thrift Investment Board, 77 K Street
NE, Suite 1000, Washington, DC 20002, (202) 942-1600.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 8474; 5 U.S.C. 552; and 44 U.S.C. 3101.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to support the processing of record
access requests made pursuant to the Freedom of Information Act (FOIA),
whether FRTIB receives such requests directly from the requestor or via
referral from another agency. In addition, this system is used to
support litigation arising from such requests and appeals, and to
assist FRTIB in carrying out any other responsibilities under the FOIA.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system of records covers all individuals who submit requests
pursuant to the FOIA; individuals whose requests and/or records have
been referred to FRTIB by other agencies; attorneys or other persons
representing individuals submitting such requests and appeals;
individuals who are the subjects of such requests and appeals;
individuals who file litigation based on their requests; Department of
Justice (DOJ) and other government litigators; and/or FRTIB employees
assigned to handle such requests or appeals.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in this system include, but are not limited to: (1) Records
received, created, or compiled in processing FOIA requests or appeals,
including original requests and appeals, intra- or inter-agency
memoranda, referrals, correspondence notes, fee schedules, assessments,
cost calculations, and other documentation related to the referral and/
or processing of the FOIA request or appeal, correspondence with the
individuals or entities that submitted the requests, and copies of
requested records; (2) the type of information in the records may
include requestors' and their attorneys' or representatives' contact
information, the contact information of FRTIB employees, the name of
the individual subject of the request or appeal, fee determinations,
unique case identifier, and other identifiers provided by a requestor
about him or herself or about the individual whose records are
requested.
RECORD SOURCE CATEGORIES:
Records are obtained from those individuals who submit requests and
administrative appeals pursuant to the FOIA or who file litigation
regarding such requests and appeals; the agency record keeping systems
searched in the process of responding to such requests and appeals;
FRTIB employees assigned to handle such requests, appeals, and/or
litigation; other agencies or entities that have referred to FRTIB
requests concerning FRTIB records, or that have consulted with FRTIB
regarding handling of particular requests; and submitters or subjects
of records or information that have provided assistance to FRTIB in
making access or amendment determinations.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 552a(b), and:
1. Routine Use--Audit: A record from this system of records may be
disclosed to an agency, organization, or individual for the purpose of
performing an audit or oversight operations as authorized by law, but
only such information as is necessary and relevant to such audit or
oversight function when necessary to accomplish an agency function
related to this system of records. Individuals provided information
under this routine use are subject to the same Privacy Act
[[Page 43678]]
requirements and limitations on disclosure as are applicable to FRTIB
officers and employees.
2. Routine Use--Clearance Processing: A record from this system of
records may be disclosed to an appropriate federal, state, local,
tribal, foreign, or international agency, if the information is
relevant and necessary to a requesting agency's decision concerning the
hiring or retention of an individual, or issuance of a security
clearance, background investigation, license, contract, grant, or other
benefit, or if the information is relevant and necessary to a FRTIB
decision concerning the hiring or retention of an employee, the
issuance of a security clearance, the reporting of an investigation of
an employee, the letting of a contract, or the issuance of a license,
grant or other benefit and when disclosure is appropriate to the proper
performance of the official duties of the person making the request.
3. Routine Use--Congressional Inquiries: A record from this system
of records may be disclosed to a Congressional office from the record
of an individual in response to an inquiry from that Congressional
office made at the request of the individual to whom the record
pertains.
4. Routine Use--Contractors, et al.: A record from this system of
records may be disclosed to contractors, grantees, experts,
consultants, the agents thereof, and others performing or working on a
contract, service, grant, cooperative agreement, or other assignment
for FRTIB, when necessary to accomplish an agency function related to
this system of records. Individuals provided information under this
routine use are subject to the same Privacy Act requirements and
limitations on disclosure as are applicable to FRTIB officers and
employees.
5. Routine Use--Former Employees: A record from this system of
records may be disclosed to a former employee of the FRTIB, in
accordance with applicable regulations, for purposes of responding to
an official inquiry by a federal, state, or local government entity or
professional licensing authority; or facilitating communications with a
former employee that may be necessary for personnel-related or other
official purposes where the FRTIB requires information or consultation
assistance from the former employee regarding a matter within that
person's former area of responsibility.
6. Routine Use--Investigations, Third Parties: A record from this
system of records may be disclosed to third parties during the course
of a law enforcement investigation to the extent necessary to obtain
information pertinent to the investigation, provided disclosure is
appropriate to the proper performance of the official duties of the
third party officer making the disclosure.
7. Routine Use--Investigations, Other Agencies: A record from this
system of records may be disclosed to appropriate federal, state,
local, tribal, or foreign government agencies or multilateral
governmental organizations for the purpose of investigating or
prosecuting the violations of, or for enforcing or implementing, a
statute, rule, regulation, order, license, or treaty where FRTIB
determines that the information would assist in the enforcement of
civil or criminal laws.
8. Routine Use--Law Enforcement Intelligence: A record from this
system of records may be disclosed to a federal, state, tribal, local,
or foreign government agency or organization, or international
organization, lawfully engaged in collecting law enforcement
intelligence information, whether civil or criminal, or charged with
investigating, prosecuting, enforcing or implementing civil or criminal
laws, related rules, regulations or orders, to enable these entities to
carry out their law enforcement responsibilities, including the
collection of law enforcement intelligence.
9. Routine Use--Law Enforcement Referrals: A record from this
system of records may be disclosed to an appropriate federal, state,
tribal, local, international, or foreign agency or other appropriate
authority charged with investigating or prosecuting a violation or
enforcing or implementing a law, rule, regulation, or order, where a
record, either on its face or in conjunction with other information,
indicates a violation or potential violation of law, which includes
criminal, civil, or regulatory violations and such disclosure is proper
and consistent with the official duties of the person making the
disclosure.
10. Routine Use--Litigation, DOJ or Outside Counsel: A record from
this system of records may be disclosed to the Department of Justice,
FRTIB's outside counsel, other federal agency conducting litigation or
in proceedings before any court, adjudicative or administrative body,
when: (1) FRTIB, or (b) any employee of FRTIB in his or her official
capacity, or (c) any employee of FRTIB in his or her individual
capacity where DOJ or FRTIB has agreed to represent the employee, or
(d) the United States or any agency thereof, is a party to the
litigation or has an interest in such litigation, and FRTIB determines
that the records are both relevant and necessary to the litigation and
the use of such records is compatible with the purpose for which FRTIB
collected the records.
11. Routine Use--Litigation, Opposing Counsel: A record from this
system of records may be disclosed to a court, magistrate, or
administrative tribunal in the course of presenting evidence, including
disclosures to opposing counsel or witnesses in the course of civil
discovery, litigation, or settlement negotiations or in connection with
criminal law proceedings or in response to a subpoena.
12. Routine Use--NARA/Records Management: A record from this system
of records may be disclosed to the National Archives and Records
Administration (NARA) or other federal government agencies pursuant to
the Federal Records Act.
13. Routine Use--Redress: A record from this system of records may
be disclosed to a federal, state, tribal, local, international, or
foreign government agency or entity for the purpose of consulting with
that agency or entity: (1) To assist in making a determination
regarding redress for an individual in connection with the operations
of a FRTIB program; (2) for the purpose of verifying the identity of an
individual seeking redress in connection with the operations of a FRTIB
program; or (3) for the purpose of verifying the accuracy of
information submitted by an individual who has requested such redress
on behalf of another individual.
14. Routine Use--Security Threat: A record from this system of
records may be disclosed to federal and foreign government intelligence
or counterterrorism agencies when FRTIB reasonably believes there to be
a threat or potential threat to national or international security for
which the information may be useful in countering the threat or
potential threat, when FRTIB reasonably believes such use is to assist
in anti-terrorism efforts, and disclosure is appropriate to the proper
performance of the official duties of the person making the disclosure.
15. Routine Uses--Federal Agencies, FOIA Processing: A record from
this system of records may be disclosed to a federal agency or other
federal entity that furnished the record or information for the purpose
of permitting that agency or entity to make a decision regarding access
to or correction of the record or information, or to a federal agency
or entity for purposes of providing guidance or advice regarding the
handling of a particular request.
16. Routine Uses--Department of Justice, Advice: A record from this
system of records may be disclosed to the Department of Justice (DOJ)
to
[[Page 43679]]
obtain advice regarding statutory and other requirements under the
FOIA.
17. Routine Use--OGIS, FOIA Responsibilities: A record from this
system of records may be disclosed to the National Archives and Records
Administration, Office of Government Information Services (OGIS), to
the extent necessary to fulfill its responsibilities in 5 U.S.C. 552(h)
to review administrative agency policies, procedures, and compliance
with the FOIA, and to facilitate OGIS's offering of mediation services
to resolve disputes between persons making FOIA requests and
administrative agencies.
18. Routine Use--Breach Mitigation and Notification: A record from
this system may be disclosed to appropriate agencies, entities, and
persons when (1) FRTIB suspects or has confirmed that there has been a
breach of the system of records, (2) FRTIB has determined that as a
result of the suspected or confirmed breach there is a risk of harm to
individuals, FRTIB (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 FRTIB's efforts to respond to
the suspected or confirmed breach or to prevent, minimize, or remedy
such harm.
19. Routine Use--Response to Breach of Other Records: A record from
this system may be disclosed to another Federal agency or Federal
entity, when FRTIB 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.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained in paper and electronic form, including on
computer databases, all of which are stored in a secure location.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by any one or more of the following: The name
of the requestor; the number assigned to the request or appeal; and in
some instances, the name of the attorney representing the requestor or
appellant, and/or the name of an individual who is the subject of such
a request or appeal.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained and disposed of in accordance with the General
Records Schedule 4.2, item 020, issued by the National Archives and
Records Administration (NARA).
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
FRTIB has adopted appropriate administrative, technical, and
physical controls in accordance with FRTIB's security program to
protect the security, confidentiality, availability, and integrity of
the information, and to ensure that records are not disclosed to or
accessed by unauthorized individuals.
Paper records are stored in locked file cabinets in areas of
restricted access that are locked after office hours. Electronic
records are stored on computer networks and protected by assigning
usernames to individuals needing access to the records and by passwords
set by unauthorized users that must be changed periodically.
RECORD ACCESS PROCEDURES:
Individuals seeking to determine whether this system of records
contains information about themselves should submit a written request
to the FOIA Officer, FRTIB, 77 K Street NE, Suite 1000, Washington, DC
20002, and include the following information:
a. Full name;
b. Any available information regarding the type of record involved;
c. The address to which the record information should be sent; and
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual, such as a Power of
Attorney, in order for the representative to act on their behalf.
Individuals requesting access must also comply with FRTIB's Privacy Act
regulations regarding verification of identity and access to such
records, available at 5 CFR part 1630.
CONTESTING RECORD PROCEDURES:
See Record Access Procedures above.
NOTIFICATION PROCEDURES:
See Record Access Procedures above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
81 FR 7106 (Feb. 10, 2016).
[FR Doc. 2020-15468 Filed 7-16-20; 8:45 am]
BILLING CODE 6760-01-P