Privacy Act of 1974; System of Records, 53370-53373 [2020-18944]

Agencies

• Federal Retirement Thrift Investment Board

[Federal Register Volume 85, Number 168 (Friday, August 28, 2020)]
[Notices]
[Pages 53370-53373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18944]


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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.

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SUMMARY: Pursuant to the Privacy Act of 1974, the Federal Retirement 
Thrift Investment Board (FRTIB) proposes to modify an existing system 
of records. Records contained in this system are used to manage Thrift 
Savings Plan (TSP) accounts, including ensuring the integrity of the 
Plan, recording activity concerning the TSP account of each Plan 
participant, communicating with the participant, spouse, former spouse, 
and beneficiary concerning the account, ensuring that he or she 
receives a correct payment from the Plan.

DATES: This system will become effective upon its publication in 
today's Federal Register, with the exception of the routine uses which 
will be effective on September 28, 2020. FRTIB invites written comments 
on the routine uses and other aspects of this system of records. Submit 
any comments by September 28, 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: This notice serves to update and modify 
FRTIB-1 to include the following updates:
    Update to the Authority for Maintenance of the System: The FRTIB is 
modifying the Authority for the Maintenance of the System to include 
the Thrift Savings Plan Enhancement Act of 2009, which requires the 
FRTIB to submit an annual report to Congress on the operations of the 
Thrift Savings Plan. This report must include demographic information 
on participants.
    Update to System Manager: The FRTIB is modifying the System Manager 
to the Director of the Office of Participant Services. The FRTIB is 
also including a contact number for the System Manager.
    Update to Purpose of the System: The FRTIB is modifying the Purpose 
of the System to include compliance with the reporting requirements of 
the Thrift Savings Plan Enhancement Act of 2009. Information derived 
from those reports and within the system may also be used to inform 
educational and outreach efforts of the FRTIB.
    Update to Categories of Records: The FRTIB is modifying the 
Categories of Records to include documents used to verify participant 
and beneficiary identity, including U.S. passport, driver's license, or 
other Federal or state-issued verification documents. The collection of 
these documents is for the specific purpose of removing administrative 
holds on a TSP account, thus ensuring the security and integrity of TSP 
accounts. Changes are also being made to include collection of 
demographic data on TSP participants, in order to comply with reporting 
requirements of the Thrift Savings Plan Enhancement Act. The FRTIB is 
also adding TSP account number, TSP PIN, and death certificates for 
participants as pertaining to beneficiaries to the Categories of 
Records.
    Update to Routine Uses: On May 22, 2007, OMB issued Memorandum M-
07-16, Safeguarding Against and Responding to the Breach of Personally 
Identifiable Information, to the heads of all executive departments and 
agencies. OMB required agencies 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 M-17-12 
rescinds and replaces OMB M-07-16 and updates agency routine use 
requirements for responding to a breach. Specifically, OMB 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 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 M-17-12, FRTIB is issuing this notice 
in the Federal Register.
    Pursuant to OMB 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 system of 
records, listed below; and (3) adds a new routine use to ensure that

[[Page 53371]]

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 is also modifying a routine use covering sharing for the 
purposes of maintaining health or safety of an individual to allow for 
sharing with local and state agencies in the event of a reasonable and 
credible threat to an individual's health or safety.
    Update to Policies and Practices for Retrieval of Records: The 
FRTIB is modifying the Policies and Practices for Retrieval of Records 
to include TSP Account Number.
    Updates to Policies and Practices for Retention and Disposal of 
Records: The FRTIB is modifying the Policies and Practices for 
Retention and Disposal of Records to reflect that call recording 
records fall under the General Records Schedule.
    Updates to Record Access Procedures: The FRTIB is modifying the 
Record Access Procedures to reflect that either TSP Account Number may 
be used in lieu of Social Security Number in certain cases to access 
records.
    Updates to Contesting Record Procedures: The FRTIB is modifying the 
Contesting Record Procedures to reflect that either TSP Account Number 
may be used in lieu of Social Security Number in certain cases to 
contest or correct records.
    The FRTIB is also 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 a modified system of 
records.

Megan Grumbine,
General Counsel and Senior Agency Official for Privacy.

SYSTEM NAME AND NUMBER:
    FRTIB-1, Thrift Savings Plan Records.

SECURITY CLASSIFICATION:
    This system contains unclassified information.

SYSTEM LOCATION:
    These records are located at the office of the entity engaged by 
the Agency to perform record keeping services for the Thrift Savings 
Plan (TSP). The current address for this record keeper is listed at 
https://www.tsp.gov.

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; Thrift Savings Plan (TSP) Enhancement Act of 2009, 
Public Law 111-31.

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system of records is to ensure the integrity of 
the Plan, to record activity concerning the TSP account of each Plan 
participant, to communicate with the participant, spouse, former 
spouse, and beneficiary concerning the account, and to make certain 
that he or she receives a correct payment from the Plan. Information 
contained in the system will also be used to comply with the reporting 
requirements of the TSP Enhancement Act of 2009 and to develop outreach 
and educational initiatives for participants and beneficiaries.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    All participants (which term includes former participants, i.e., 
participants whose accounts have been closed), as well as spouses, 
former spouses, and beneficiaries of TSP participants. Participants in 
the TSP consist of present and former Members of Congress and Federal 
employees covered by the Federal Employees' Retirement System Act of 
1986, (FERSA) as amended, 5 U.S.C. chapter 84; all present and former 
Members of Congress and Federal employees covered by the Civil Service 
Retirement System who elect to contribute to the TSP; Supreme Court 
Justices, Federal judges, and magistrates who elect to contribute; 
certain union officials, those individuals described in 5 CFR part 
1620, and any other individual for whom an account has been 
established.

CATEGORIES OF RECORDS IN THE SYSTEM:
    These records contain the following kinds of information: Records 
of TSP account activity, including account balances, employee 
contributions, agency automatic (one percent) and agency matching 
contributions, earnings, interfund transfers, contribution allocation 
elections, investment status by fund, loan and withdrawal information, 
employment status, retirement code and whether employee is vested, 
error correction information, participant's date of birth, email 
address, phone number, and designated beneficiary; records of spousal 
waivers and consents; powers of attorney and conservatorship and 
guardianship orders; participant's name, current or former employing 
agency, and servicing payroll and personnel office; records of Social 
Security number, TSP account number, TSP PIN, and home address for 
participants, spouses, former spouses, and beneficiaries and potential 
beneficiaries; demographic information (e.g., gender, education 
information, ethnicity, race, etc.); demographic information on 
uniformed services participants (e.g., grade, service branch, rank, 
months in rank, occupation information); death certificates; records of 
bankruptcy actions; information regarding domestic relations court 
orders to divide the account; child support, child abuse, and alimony 
orders; information on payments to the participant's spouse, former 
spouse, or children and their attorneys; information on notices sent to 
participants, spouses, former spouses, and beneficiaries; and general 
correspondence. Documents used to verify identity including: Birth 
certificate, U.S. passport, driver's license or state-issued ID, or 
other government-issued ID that can be used to verify identity.

RECORD SOURCE CATEGORIES:
    The information in this system is obtained from the following 
sources: (a) The individual to whom the information pertains; (b) 
Agency payroll and personnel records; (c) Court orders; or (d) Spouses, 
former spouses, other family members, beneficiaries, legal guardians, 
and personal representatives (executors, administrators).

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--Tax Enforcement Agencies: To disclose financial 
data and addresses to Federal, state, and local governmental tax 
enforcement agencies so that they may enforce applicable tax laws.
    2. Routine Use--Designated Annuity Vendor: To disclose to the 
designated annuity vendor in order to provide TSP participants who have 
left Federal service with an annuity.
    3. Routine Use--Other Retirement Plans: To disclose to sponsors of 
eligible retirement plans for purposes of transferring the funds in the 
participant's account to an Individual Retirement Arrangement or into 
another eligible retirement plan.

[[Page 53372]]

    4. Routine Use--Spousal Rights: To disclose to current and former 
spouses and their attorneys in order to protect spousal rights under 
FERSA and to receive benefits to which they may be entitled.
    5. Routine Use--Death Benefits, Beneficiaries: When a participant 
to whom a record pertains dies, to disclose the following types of 
information to any potential beneficiary: Information in the 
participant's record which could have been properly disclosed to the 
participant when living (unless doing so would constitute a clearly 
unwarranted invasion of privacy) and the name and relationship of any 
other person who claims the benefits or who is entitled to share the 
benefits payable.
    6. Routine Use--Death Benefits, Estate Administration: When a 
participant to whom a record pertains dies, to disclose the following 
types of information to anyone handling the participant's estate: 
Information in the participant's record which could have been properly 
disclosed to the participant when living (unless doing so would 
constitute a clearly unwarranted invasion of privacy), the name and the 
relationship of any person who claims the benefits or who is entitled 
to share the benefits payable, and information necessary for the 
estate's administration (for example, post-death tax reporting).
    7. Routine Use--Beneficiaries, Incompetent or Legal Disability: To 
disclose information to any person who is named by the participant, 
spouse, former spouse, or beneficiary of the participant in a power of 
attorney and to any person who is responsible for the care of the 
participant or the spouse, former spouse, or beneficiary of the 
participant to whom a record pertains, and who is found by a court to 
be incompetent or under other legal disability, information necessary 
to manage the participant's account and to ensure payment of benefits 
to which the participant, spouse, former spouse or beneficiary of the 
participant is entitled.
    8. Routine Use--Congressional Inquiries: To disclose information to 
a congressional office from the record of a participant or of the 
spouse, former spouse, or beneficiary of a participant in order for 
that office to respond to a communication from that person.
    9. Routine Use--Agency Payroll or Personnel Offices: To disclose to 
agency payroll or personnel offices in order to calculate benefit 
projections for individual participants, to calculate error 
corrections, to reconcile payroll records, and otherwise to ensure the 
effective operation of the Thrift Savings Plan.
    10. Routine Use--Department of Treasury, Payments: To disclose to 
the Department of the Treasury information necessary to issue checks 
from accounts of participants in accordance with withdrawal or loan 
procedures or to make a payment to a spouse, former spouse, child, or 
his or her attorney, or to a beneficiary.
    11. Routine Use--Audit: To disclose to the Department of Labor and 
to private sector audit firms so that they may perform audits as 
provided for in FERSA.
    12. Routine Use--Parent Locator Service: To disclose to the Parent 
Locator Service of the Department of Health and Human Services, upon 
its request, the address of a participant, spouse, former spouse, or 
beneficiary of the participant for the purpose of enforcing child 
support obligations against that individual.
    13. Routine Use--Investigations, Third Parties: To disclose 
pertinent information to the appropriate Federal, foreign, state, 
local, or tribal agency, or to other public authority responsible for 
investigating, prosecuting, enforcing, or implementing a statute, rule, 
regulation, or order, upon its request, when presented with an 
indication that the information is relevant to any enforcement, 
regulatory, investigative, or prosecutorial responsibility of that 
agency or authority.
    14. Routine Use--Private Relief Legislation: To disclose 
information to the Office of Management and Budget at any stage of the 
legislative coordination and clearance process in connection with 
private relief legislation as set forth in OMB Circular No. A-19.
    15. Routine Use--Participant and Third Parties, Health or Safety: 
If there is a reasonable and credible threat to an individual's health 
or safety, to disclose to a state, local, or Federal agency, in 
response to its request, the address of a participant, spouse, former 
spouse, or beneficiary of the participant and any other information the 
agency needs to contact that individual concerning the possible threat 
to his or her health or safety.
    16. Routine Use--Litigation, Department of Justice: To disclose 
information to the Department of Justice, where:
    1. The Board or any component of it, or
    2. Any employee of the Board in his or her official capacity, or
    3. Any employee of the Board in his or her individual capacity, 
where the Department of Justice has agreed to represent the employee; 
or
    4. The United States (where the Board determines that litigation is 
likely to affect the agency or any of its components) is a party to 
litigation or has an interest in such litigation, and the Board 
determines that use of such records is relevant and necessary to the 
litigation. However, in each such case, the Board must determine that 
disclosure of the records to the Department of Justice is a use of the 
information contained in the records which is compatible with the 
purpose for which the records were collected.
    17. Routine Use--Litigation, Third Parties: In response to a court 
subpoena, or to appropriate parties engaged in litigation or preparing 
for possible litigation. Examples include disclosure to potential 
witnesses for the purpose of securing their testimony to courts, 
magistrates, or administrative tribunals, to parties and their 
attorneys in connection with litigation or settlement of disputes, or 
to individuals seeking information through established discovery 
procedures in connection with civil, criminal, or regulatory 
proceedings.
    18. Routine Use--Contractors and Third Parties: To disclose to 
contractors and their employees who have been engaged to assist the 
Board in performing a contract service or agreement, or who have been 
engaged to perform other activity related to this system of records and 
who need access to the records in order to perform the activity. 
Recipients of TSP records are required to comply with the requirements 
of the Privacy Act.
    19. Routine Use--Agency Personnel/Payroll Offices or Casualty 
Assistance Officers: To disclose to personnel from agency personnel/
payroll offices or to casualty assistance officers when necessary to 
assist a beneficiary or potential beneficiary.
    20. Routine Use--Consumer Reporting Agencies: To disclose to a 
consumer reporting agency when the Board is trying to collect a debt 
owed to the Board under the provisions of 5 U.S.C. 3711.
    21. Routine Use--Commercial Loan Applications, Quality Control: To 
disclose to quality control companies when such companies are verifying 
documents submitted to lenders in connection with participants' 
commercial loan applications.
    22. Routine Use--Federal Agencies, Analysis: To disclose to an 
official of another Federal agency information needed in the 
performance of official duties related to reconciling or reconstructing 
data files, compiling descriptive statistics, and making analytical 
studies in support of the function for which the records were collected 
and maintained.

[[Page 53373]]

    23. 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.
    24. 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:
    These records are maintained on electronic or magnetic media, on 
microfilm, or in folders.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    These records are retrieved by Social Security number, TSP account 
number, and other personal identifiers of the individual to whom they 
pertain.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    TSP documents are retained for 99 years. Manual records are 
disposed of by compacting and burning; data on electronic or magnetic 
media are obliterated by destruction or reuse, or are returned to the 
employing agency. Call recording records from the Agency's contact 
center are retained in accordance with NARA General Records Schedule 
6.5, Public Customer Services Records, DAA-GRS-2017-0002-0001.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Hard copy records are kept in metal file cabinets in a secure 
facility, with access limited to those whose official duties require 
access. Personnel are screened to prevent unauthorized disclosure. 
Security mechanisms for automatic data processing prevent unauthorized 
access to the electronic or magnetic media.

RECORD ACCESS PROCEDURES:
    Individuals who want notice of whether this system of records 
contains information pertaining to them and to obtain access to their 
records may contact the TSP Service Office or their employing agency, 
as follows:
    a. Participants who are current Federal employees may call or write 
their employing agency for personnel or payroll records regarding the 
agency's and the participant's contributions and adjustments to 
contributions. A request to the employing agency must be made in 
accordance with that agency's Privacy Act regulations or that agency's 
procedures. For other information regarding their TSP accounts, 
participants who are Federal employees may call or write the TSP 
Service Office.
    b. Participants who have separated from Federal employment and 
spouses, former spouses, and beneficiaries of participants may call or 
write the TSP Service Office.
    Individuals calling or writing the TSP Service Office must furnish 
the following information for their records to be located and 
identified:
    a. Name, including all former names;
    b. TSP Account Number or Social Security number; and
    c. Other information, if necessary. For example, a participant may 
need to provide the name and address of the agency, department, or 
office in which he or she is currently or was formerly employed in the 
Federal service. A spouse, former spouse, or beneficiary of a 
participant may need to provide information regarding his or her 
communications with the TSP Service Office or the Board.
    Participants may also inquire whether this system contains records 
about them and access certain records through the account access 
section of the TSP website and the ThriftLine (the TSP's automated 
telephone system). The TSP website is located at www.tsp.gov. To use 
the TSP ThriftLine, the participant must have a touch-tone telephone 
and call the following number 1-877-968-3778. Hearing-impaired 
participants should dial 1-877-847-4385. The following information is 
available on the TSP website and the ThriftLine: Account balance; 
available loan amount; the status of a monthly withdrawal payment; the 
current status of a loan or withdrawal application; and an interfund 
transfer request.

CONTESTING RECORD PROCEDURES:
    Individuals who want to amend TSP records about themselves must 
submit a detailed written explanation as to why information regarding 
them is inaccurate or incorrect, as follows:
    a. Participants who are current Federal employees must write their 
employing agency to request amendment of personnel records regarding 
employment status, retirement coverage, vesting code, and TSP service 
computation date, or payroll records regarding the agency's and the 
participant's contributions and adjustments to contributions. A request 
to the employing agency must be made in accordance with that agency's 
Privacy Act regulations or that agency's procedures. For other 
information regarding their TSP accounts, participants who are Federal 
employees must submit a request to the TSP Service Office.
    b. Participants who have separated from Federal employment and 
spouses, former spouses, and beneficiaries of participants must submit 
a request to the TSP Service Office.
    c. Individuals must provide their Social Security number or Account 
Number and name, and they may also need to provide other information 
for their records to be located and identified.
    The employing agency or the TSP Service Office will follow the 
procedures set forth in 5 CFR part 1605, Error Correction Regulations, 
in responding to requests to correct contribution errors.

NOTIFICATION PROCEDURES:
    See Record Access Procedures above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    52 FR 12065 (Apr. 14, 1987); 55 FR 18949 (May 7, 1990); 59 FR 26496 
(May 20, 1994); 64 FR 50092 (Sept. 15, 1999); 64 FR 67917 (Dec. 3, 
1999); 74 FR 3043 (Jan. 16, 2009); 77 FR 11534 (Feb. 27, 2012); 77 FR 
20022 (Apr. 3, 2012); 79 FR 21246 (Apr. 15, 2014).

[FR Doc. 2020-18944 Filed 8-27-20; 8:45 am]
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