[Federal Register Volume 59, Number 59 (Monday, March 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7195]
[Federal Register: March 28, 1994]
VOL. 59, NO. 59
Monday, March 28, 1994
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FEDERAL RETIREMENT THRIFT INVESTMENT BOARD
5 CFR Part 1630
Privacy Act Regulations
AGENCY: Federal Retirement Thrift Investment Board.
ACTION: Proposed rule.
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SUMMARY: The Federal Retirement Thrift Investment Board (Board) is
deleting the requirement in its rules on the Privacy Act that an
individual who wishes to consent to a release of his or her records to
a third party submit an originally signed statement authorizing the
disclosure. A photocopy or facsimile transmission of the individual's
signature and authorization will suffice.
DATES: Comments must be submitted on or before April 27, 1994.
ADDRESSES: Comments may be mailed or delivered to John J. O'Meara,
Assistant General Counsel for Administration, Federal Retirement Thrift
Investment Board, 1250 H Street, NW., Washington, DC 20005.
FOR FURTHER INFORMATION CONTACT: John J. O'Meara, Assistant General
Counsel for Administration, (202) 942-1662, FAX (202) 942-1676.
SUPPLEMENTARY INFORMATION:
Background
The Privacy Act of 1974, at 5 U.S.C. 552a(b), states that ``No
agency shall disclose any record which is contained in a system of
records by any means of communication to any person, or to another
agency, except pursuant to a written request by, or with the prior
written consent of, the individual to whom the record pertains * * *''
unless disclosure would be made pursuant to one of the Act's 12
exceptions.
The Board, established by the Federal Employees' Retirement System
Act of 1986 (FERSA), maintains records similar to records of other
Federal agencies and a Government-wide system of records on current and
former participants in the Thrift Savings Plan (TSP). The TSP is a tax-
deferred retirement plan for Federal employees that has approximately 2
million participants. The Department of Agriculture, National Finance
Center, Thrift Savings Plan Service Office is the recordkeeper for TSP
records subject to the Privacy Act.
Under current Board rules developed pursuant to the Privacy Act,
``An individual who wishes to have a person of his or her choosing
review a record or obtain a copy of a record from the Board shall
submit an originally signed statement authorizing the disclosure of his
or her record before the record will be disclosed.'' The Board's
recordkeeper typically receives authorizations executed by participants
who want a record disclosed to a financial institution so that they may
qualify for a mortgage loan.
Based on the Board's experience in administering its Privacy Act
record systems, submission of an originally signed authorization to
disclose a record is not necessary because no significant safeguard
results from this requirement. In addition, the requirement to submit
an originally signed authorization is burdensome to the recordkeeper
and to the participants. The Board, therefore, proposes to amend its
Privacy Act rules to allow disclosure of a record about an individual
upon receipt of a statement signed by the individual authorizing
disclosure of his or her record.
Other Matters
This rule is not a major rule for the purpose of Executive Order
12291 of February 17, 1981. As required by the Regulatory Flexibility
Act, it is hereby certified that this rule will not have a significant
impact on small business entities. As required by the Paperwork
Reduction Act, I hereby certify that this rule will not require
additional reporting.
List of Subjects in 5 CFR Part 1630
Administrative practice and procedure, Privacy, Records.
Accordingly, the Board proposes to amend part 1630 of title 5 of
the Code of Federal Regulations to read as follows:
PART 1630--PRIVACY ACT REGULATIONS
1. The authority citation for part 1630 continues to read as
follows:
Authority: 5 U.S.C. 552a.
2. Section 1630.5 is amended by revising paragraph (a) to read as
follows:
Sec. 1630.5 Granting access to a designated individual.
(a) An individual who wishes to have a person of his or her
choosing review a record or obtain a copy of a record from the Board
shall submit a signed statement authorizing the disclosure of his or
her record before the record will be disclosed. The authorization shall
be maintained with the record.
* * * * *
Dated: March 21, 1994.
Roger W. Mehle,
Executive Director, Federal Retirement Thrift Investment Board.
[FR Doc. 94-7195 Filed 3-25-94; 8:45 am]
BILLING CODE 6760-01-M
