[Federal Register Volume 79, Number 77 (Tuesday, April 22, 2014)]
[Proposed Rules]
[Pages 22454-22455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08967]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
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 Register / Vol. 79, No. 77 / Tuesday, April 22, 2014 /
Proposed Rules
[[Page 22454]]
FEDERAL RETIREMENT THRIFT INVESTMENT BOARD
5 CFR Parts 1630 and 1631
Privacy Act and Freedom of Information Act Requests
AGENCY: Federal Retirement Thrift Investment Board.
ACTION: Proposed rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Federal Retirement Thrift Investment Board (Agency)
proposes to amend its Privacy Act and FOIA regulations to reflect the
Agency's current organizational structure and to transfer
responsibility for reviewing Privacy Act and FOIA requests from the
Agency's Office of Resource Management (formerly known as the Office of
Administration) to the Office of General Counsel.
DATES: Comments must be received on or before May 22, 2014.
ADDRESSES: You may submit comments using one of the following methods:
Mail: Office of General Counsel, Attn: James B. Petrick,
Federal Retirement Thrift Investment Board, 77 K Street NE.,
Washington, DC 20002.
Hand Delivery/Courier: The address for sending comments by
hand delivery or courier is the same as that for submitting comments by
mail.
Facsimile: Comments may be submitted by facsimile at (202)
942-1676.
The most helpful comments explain the reason for any recommended
change and include data, information, and the authority that supports
the recommended change.
FOR FURTHER INFORMATION CONTACT: Laurissa Stokes at 202-942-1645.
SUPPLEMENTARY INFORMATION: The Agency administers the Thrift Savings
Plan (TSP), which was established by the Federal Employees' Retirement
System Act of 1986 (FERSA), Public Law 99-335, 100 Stat. 514. The TSP
provisions of FERSA are codified, as amended, largely at 5 U.S.C. 8351
and 8401-79. The TSP is a tax-deferred retirement savings plan for
Federal civilian employees and members of the uniformed services. The
TSP is similar to cash or deferred arrangements established for
private-sector employees under section 401(k) of the Internal Revenue
Code (26 U.S.C. 401(k)).
The Agency has eleven organizational offices: The Office of the
Executive Director, the Office of Participant Operations and Policy,
the Office of General Counsel, the Office of Investments, the Office of
Communications and Education, the Office of Enterprise Planning, the
Office of Enterprise Risk Management, the Office of External Affairs,
the Office of Financial Management, the Office of Resource Management,
and the Office of Technology Services. This proposed regulation would
update the list of Agency offices contained in section 1631.3.
The Office of Resource Management (formerly known as the Office of
Administration) currently has responsibility for reviewing, processing,
and responding to initial requests for disclosure and initial requests
to amend non-TSP records covered under the Privacy Act of 1974, 5
U.S.C. 552a. The Executive Director currently considers appeals of
initial decisions to deny access to or amendment of records in
consultation with the General Counsel.
This proposed regulation would transfer the responsibility for
reviewing, processing, and responding to initial requests for
disclosure and initial requests to amend non-TSP records covered under
the Privacy Act to the Office of General Counsel by defining ``Privacy
Act Officer'' to mean ``the Board's General Counsel or his or her
designee.'' The Executive Director would retain responsibility for
making a final decision on appeal of an initial decision to deny access
to or amendment of records. However, the Executive Director would no
longer be required to consult the General Counsel before making a final
determination.
Freedom of Information Act
The Office of Resource Management (formerly known as the Office of
Administration) currently has responsibility for making initial
determinations to approve or deny requests received pursuant to the
Freedom of Information Act (FOIA), 5 U.S.C. 552. The General Counsel
currently considers appeals of initial decisions to deny requests for
records under the Freedom of Information Act.
This proposed regulation would transfer the responsibility for
making initial determinations to approve or deny FOIA requests to the
Office of General Counsel by defining ``FOIA Officer'' to mean ``the
Board's General Counsel or his or her designee.'' In order to retain
the opportunity for fair review on appeal, this proposed regulation
would also transfer the responsibility for deciding appeals from the
General Counsel to the Executive Director.
Regulatory Flexibility Act
I certify that this regulation will not have a significant economic
impact on a substantial number of small entities. This regulation will
affect Federal employees and members of the uniformed services who
participate in the Thrift Savings Plan, which is a Federal defined
contribution retirement savings plan created under the Federal
Employees' Retirement System Act of 1986 (FERSA), Public Law 99-335,
100 Stat. 514, and which is administered by the Agency.
Paperwork Reduction Act
I certify that these regulations do not require additional
reporting under the criteria of the Paperwork Reduction Act.
Unfunded Mandates Reform Act of 1995
Pursuant to the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 602,
632, 653, 1501-1571, the effects of this regulation on state, local,
and tribal governments and the private sector have been assessed. This
regulation will not compel the expenditure in any one year of $100
million or more by state, local, and tribal governments, in the
aggregate, or by the private sector. Therefore, a statement under
section 1532 is not required.
List of Subjects
5 CFR Part 1630
Privacy.
[[Page 22455]]
5 CFR Part 1631
Courts, Freedom of information, Government employees.
Gregory T. Long,
Executive Director, Federal Retirement Thrift Investment Board.
For the reasons stated in the preamble, the Agency proposes to
amend 5 CFR chapter VI as follows:
PART 1630--PRIVACY ACT REGULATIONS
0
1. The authority citation for part 1630 continues to read as follows:
Authority: 5 U.S.C. 552a.
0
2. In Sec. 1630.2, redesignate paragraphs (g) through (r) as
paragraphs (h) through (s), and add new paragraph (g) to read as
follows:
Sec. 1630.2 Definitions.
* * * * *
(g) Privacy Act Officer means the Board's General Counsel or his or
her designee;
* * * * *
0
3. Amend Sec. 1630.14, by revising the first sentence of paragraph (a)
to read as follows:
Sec. 1630.14 Appeals process.
(a) Within 20 work days of receiving the request for review, the
Executive Director will make a final determination on appeal. * * *
* * * * *
Sec. 1630.16 [Amended]
0
4. In Sec. 1630.16, paragraph (d), remove the words and punctuation
``Head, TSP Service Office'', and add, in their place, the words
``Executive Director''.
PART 1631--AVAILABILITY OF RECORDS
Subpart A--Production or Disclosure of Records Under the Freedom of
Information Act, 5 U.S.C. 552
0
5. The authority for part 1631, subpart A, continues to read as
follows:
Authority: 5 U.S.C. 552.
0
6. Amend Sec. 1631.1, by revising paragraph (e) to read as follows:
Sec. 1631.1 Definitions.
* * * * *
(e) FOIA Officer means the Board's General Counsel or his or her
designee.
* * * * *
0
7. Amend Sec. 1631.3, by revising paragraph (a) to read as follows:
Sec. 1631.3 Organization and functions.
(a) The Federal Retirement Thrift Investment Board was established
by the Federal Employees' Retirement System Act of 1986 (Pub. L. 99-
335, 5 U.S.C. 8401 et seq.). Its primary function is to manage and
invest the Thrift Savings Fund for the exclusive benefit of its
participants (e.g., participating Federal employees, Federal judges,
and Members of Congress). The Board is responsible for investment of
the assets of the Thrift Savings Fund and the management of the Thrift
Savings Plan. The Board consists of:
(1) The five part-time members who serve the Board;
(2) The Office of the Executive Director;
(3) The Office of Participant Operations and Policy;
(4) The Office of General Counsel;
(5) The Office of Investments;
(6) The Office of Communications and Education;
(7) The Office of Enterprise Planning;
(8) The Office of Enterprise Risk Management;
(9) The Office of External Affairs;
(10) The Office of Financial Management;
(11) The Office of Resource Management; and
(12) The Office of Technology Services.
* * * * *
0
8. Amend Sec. 1631.4, by revising the first sentence of paragraph (c)
to read as follows:
Sec. 1631.4 Public reference facilities and current index.
* * * * *
(c) The FOIA officer shall also maintain a file open to the public,
which shall contain copies of all grants or denials of FOIA requests,
appeals, and appeal decisions by the Executive Director. * * *
0
9. Amend Sec. 1631.9, by revising paragraph (b)(5) to read as follows:
Sec. 1631.9 Responses--form and content.
* * * * *
(b)* * *
(5) A statement that the denial may be appealed to the Executive
Director within 30 calendar days of receipt of the denial or partial
denial.
* * * * *
0
10. Revise Sec. 1631.10 to read as follows:
Sec. 1631.10 Appeals to the Executive Director from initial denials.
(a) When the FOIA Officer has denied a request for expedited
processing or a request for records, in whole or in part, the person
making the request may, within 30 calendar days of receipt of the
response of the FOIA Officer, appeal the denial to the Executive
Director. The appeal must be in writing, addressed to the Executive
Director, Federal Retirement Thrift Investment Board, 77 K Street NE.,
Suite 1000, Washington, DC 20002, and be clearly labeled as a ``Freedom
of Information Act Appeal.''
(b)(1) The Executive Director will act upon the appeal of a denial
of a request for expedited processing within 5 work days of its
receipt.
(2) The Executive Director will act upon the appeal of a denial of
a request for records within 20 work days of its receipt.
(c) The Executive Director will decide the appeal in writing and
mail the decision to the requester.
(d) If the appeal concerns an expedited processing request and the
decision is in favor of the person making the request, the Executive
Director will order that the request be processed on an expedited
basis. If the decision concerning a request for records is in favor of
the requester, the Executive Director will order that the subject
records be promptly made available to the person making the request.
(e) If the appeal of a request for expedited processing of records
is denied, in whole or in part, the Executive Director's decision will
set forth the basis for the decision. If the appeal of a request for
records is denied, in whole or in part, the Executive Director's
decision will set forth the exemption relied on and a brief explanation
of how the exemption applies to the records withheld and the reasons
for asserting it, if different from the reasons described by the FOIA
Officer under Sec. 1631.9. The denial of a request for records will
state that the person making the request may, if dissatisfied with the
decision on appeal, file a civil action in Federal court. (A Federal
court does not have jurisdiction to review a denial of a request for
expedited processing after the Board has provided a complete response
to the request.)
(f) No personal appearance, oral argument, or hearing will
ordinarily be permitted in connection with an appeal of a request for
expedited processing or an appeal for records.
(g) On appeal of a request concerning records, the Executive
Director may reduce any fees previously assessed.
[FR Doc. 2014-08967 Filed 4-21-14; 8:45 am]
BILLING CODE 6760-01-P