    [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: http://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
    http://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.

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        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.

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        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]
    BILLING CODE P