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Proposed Rules
Federal Register Vol. 86, No. 154
Friday, August 13, 2021

This section of the FEDERAL REGISTER
contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules.

FEDERAL RETIREMENT THRIFT
INVESTMENT BOARD
5 CFR Part 1630
Privacy Act: Proposed Exemptions Federal Retirement Thrift Investment Board.
ACTION: Notice of proposed rulemaking.

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AGENCY:

SUMMARY: In accordance with the Privacy Act of 1974, the Federal Retirement Thrift Investment Board FRTIB proposes to exempt five systems of records from certain requirements of the Act. FRTIB has previously published System of Records Notices SORNs for these systems.
DATES: Comments on this notice of proposed rulemaking must be received by September 13, 2021.
ADDRESSES: You may submit written comments to FRTIB through the following methods:
Federal eRulemaking Portal:
https www.regulations.gov. Follow the website instructions for submitting comments.
Fax: 2029421676.
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:
Dharmesh Vashee, 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 9421600.
SUPPLEMENTARY INFORMATION: FRTIB
proposes to revise its Privacy Act regulations at 5 CFR part 1630 to exempt five of its systems of records, FRTIB2, FRTIB13, FRTIB14, FRTIB
15, and FRTIB23, from certain requirements of the Privacy Act, 5
U.S.C. 552a. The FRTIB is promulgating exemptions to the Privacy Act for these five systems of records in accordance with subsection k2 and subsection k5.
Subsection k2 of the Privacy Act authorizes the head of an agency to
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exempt a system of records from the applicable subsections if investigatory records are compiled for law enforcement purposes; provided, however if an individual is denied any right, privilege, or benefit that he or she would otherwise be entitled by Federal law, or for which he or she would otherwise be eligible, as a result of the maintenance of such material, such material shall be provided to such individual, except 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.
Subsection k5 of the Privacy Act authorizes the head of an agency to exempt a system of records from the applicable subsections if investigatory records are compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment, military service, Federal contracts, or access to classified information, 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.
Under the Privacy Act, individuals have a right of access to information pertaining to them which is contained in a system of records. At the same time, the Privacy Act permits certain types of systems to be exempt from some Privacy Act requirements. If an agency claims an exemption, however, it must issue a Notice of Proposed Rulemaking to make clear to the public the reasons why a particular exemption is being claimed.
As indicated in the Agencys accompanying Privacy Act system of records notices proposing and modifying these systems of records, these five systems of records contain information collected by the Agency in the course of carrying out its duties under 5 U.S.C. 8401.
The FRTIB is promulgating exemptions under subsections k2 and k5 for FRTIB2, Personnel Security Investigation Files. FRTIB2 contains information compiled by the Agency in order to document and support decisions regarding clearance for access to sensitive FRTIB information and the suitability, eligibility, and fitness for service of applicants for federal
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employment and contract positions.
FRTIB has previously published a SORN for this system in the Federal Register, 85 FR 43654, 43655 July 21, 2020. FRTIBs personnel investigations records fall under the exemption stated within subsection k2 of the Privacy Act because these records may be used to help streamline and make more efficient the investigations and adjudications process, and may be used to document security violations and actions taken in response to such violations. FRTIBs personnel investigations records also fall under the exemption stated within subsection k5 of the Privacy Act because these records are compiled for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment, military service, Federal contracts, or access to classified information. FRTIB proposes to exempt eligible records contained within FRTIB2 from the requirements of subsections c3; d; e1; e4G, H, I; and f, which require agencies to provide an accounting of disclosures;
provide notification, access, and amendment rights, rules, and procedures; maintain only relevant and necessary information; and identify categories of record sources. Exempting records from this system is necessary and appropriate to maintain the integrity of personnel investigations and to ensure that FRTIBs efforts to obtain accurate and objective information will be successful. To the extent that FRTIB
uses investigatory material within this system of records as a basis for denying an individual any right, privilege, or benefit to which an individual would be entitled in the absence of that record, FRTIB will grant that individual access to the material except to the extent that access would reveal the identity of a source promised confidentiality.
The FRTIB is promulgating exemptions under subsection k2 for FRTIB13, Fraud and Forgery Records.
FRTIB13 contains information compiled by the Agency in the course of carrying out its fiduciary duties to detect and prevent fraudulent activity against participant accounts. FRTIB has previously published a SORN for this system in the Federal Register, 84 FR
12249 April 1, 2019, and a notice of proposed rulemaking for the exemptions, 84 FR 12954 April 3, 2019. This notice of proposed
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