SECURITIES AND EXCHANGE COMMISSION
[Release No. PA-26 ; File No. S7-13-99]
Privacy Act of 1974: Establishment of Two Systems of
Records: Disgorgement and Penalties Tracking System (SEC-
47) and Fitness Center Membership, Payment, and Fitness
Records (SEC-48)
AGENCY: Securities and Exchange Commission
ACTION: Notice of the establishment of two systems of
records.
SUMMARY: In accordance with the requirements of the Privacy
Act of 1974, as amended, 5 U.S.C. 552a, the Securities and
Exchange Commission gives notice of the establishment of two
new Privacy Act systems of records: Disgorgement and
Penalties Tracking System (SEC-47) and Fitness Center
Membership, Payment, and Fitness Records (SEC-48).
DATES: The proposed systems will become effective [40 days
after publication in the Federal Register], unless further
notice is given. The Commission will publish a new notice
if the effective date is delayed to review comments, or if
changes are made based on comments received. To be assured
of consideration, comments must be received on or before [30
days after publication in the Federal Register].
ADDRESSES: Persons wishing to submit comments should file
three (3) copies with Jonathan G. Katz, Secretary,
Securities and Exchange Commission, 450 Fifth Street, NW,
Mail Stop 0609, Washington, DC 20549-0609. Reference should
be made to
File S7-13-99. Copies of the comments will be available for
public inspection and copying at the Commission's Public
Reference Room, 450 Fifth Street, NW, Washington, DC 20549.
FOR FURTHER INFORMATION CONTACT: Betty Lopez, Privacy Act
Officer (202) 942-4327, Office of Filings and Information
Services, Securities and Exchange Commission, Operations
Center, 6432 General Green Way, Mail Stop O-5, Alexandria,
VA 22312-2413.
SUPPLEMENTARY INFORMATION: The Securities and Exchange
Commission (“Commission„ or “SEC„) gives notice of the
establishment of two systems of records entitled
Disgorgement and Penalties Tracking System (SEC-47) and
Fitness Center Membership, Payment, and Fitness Records
(SEC-48).
The SEC is establishing SEC-47 to facilitate SEC staff
tracking of the repayment of disgorgement and penalties
imposed on entities and individuals who have been determined
to be violators of the provisions of the federal securities
laws in SEC-initiated civil actions and administrative
proceedings. The Commission's staff uses the records for
case administration and collections. The system also is
used to provide status reports to the Congress and the
Department of the Treasury, and for responding to requests
for information filed under the Freedom of Information Act.
The SEC is establishing SEC-48 in order to maintain
payment and fitness information needed for operating the SEC
Fitness Center. The SEC established the Fitness Center to
provide fitness facilities to members of the Commission's
staff. Members of the Commission's staff oversee the
Fitness Center and have access to SEC-48 records in order to
perform their official Fitness Center duties.
The systems of records reports, as required by 5 U.S.C.
552a(r) of the Privacy Act, have been submitted to the
Committee on Government Affairs of the Senate, and the
Office of Management and Budget, pursuant to Appendix I to
OMB Circular A-130, "Federal Agency Responsibilities for
Maintaining Records About Individuals," as amended on
February 20, 1996 (61 FR 6428, 6435).
Accordingly, the Commission is adding the following
systems of records.
SEC-47
System Name: Disgorgement and Penalties Tracking System.
System Location: Securities and Exchange Commission, Office
of the Secretary, 450 Fifth Street, NW, Mail Stop 0609,
Washington, DC 20549-0609.
Categories of Individuals Covered by the System:
Individuals or entities that have been ordered to pay
disgorgement and/or monetary penalties in SEC injunctive
actions and administrative proceedings.
Categories of Records in the System: Information on
individuals or entities from whom the Commission is seeking
or has obtained an order to pay disgorgement and/or monetary
penalties, including the individual's or entity's name; the
dates the Commission authorized, instituted, and/or settled
an action; the responsible Commission staff; the internal
case tracking number; the date the judgment or
administrative order was entered; the amount of disgorgement
and/or monetary penalties to be paid; the payment due date
for disgorgement and/or monetary penalties; the date and
amount of payments; the amount of disgorgement waived; and
the status of debt collection efforts.
Authority for Maintenance of the System: 15 U.S.C. 77h-1,
77t, 77x, 78u, 78ff,
79z-3, 80a-9, 80a-41, 80a-48, 80b-3, and 80b-9.
Purpose: The system is being initiated to enable the
Commission's staff to track the collection of disgorgement
and monetary penalties arising out of SEC-initiated civil
actions and administrative proceedings to enforce the
federal securities laws.
Routine Uses of Records Maintained in the System, Including
Categories of Users and the Purposes of Such Uses:
In addition to the conditions for disclosure specified
at 5 U.S.C. 552a(b), the SEC's staff may use these records
and the information contained in the records routinely, as
provided at 5 U.S.C. 552a(b)(3), as follows:
(1) To provide information to the Department of the
Treasury, on a quarterly and annual basis, on the
Commission's monetary penalty receivables;
(2) To provide information to the Department of the
Treasury and other federal agencies while assisting in the
collection of past due disgorgement and/or monetary
penalties; and
(3) To provide information to persons, as appropriate,
while assisting in the collection of past due disgorgements
and/or monetary penalties.
Policies and Practices for Storing, Retrieving, Accessing,
Retaining, and Disposing of Records in the System:
Storage: Records are maintained electronically and on
paper.
Retrievability: Records may be retrieved electronically by
the internal case tracking number, the case name, and the
individual's or entity's name. Paper records may be
retrieved by the internal case tracking number.
Safeguards: Paper records are kept in locked file cabinets.
Electronic records can be retrieved only by authorized
persons using appropriate passwords.
Retention and Disposal: Paper records and computer database
records are maintained until matter is closed plus 25 years.
System Manager and Address: Secretary, Office of the
Secretary, Securities and Exchange Commission, 450 Fifth
Street, NW, Mail Stop 0609, Washington, DC 20549-0609.
Notification Procedure: All requests to determine whether
this system of records contains a record pertaining to the
requesting individual or entity may be directed to the
Privacy Act Officer, Securities and Exchange Commission,
Operations Center, 6432 General Green Way, Mail Stop O-5,
Alexandria, VA 22312-2413.
Records Access Procedures: Persons wishing to obtain
information on the procedures for gaining access to or
contesting the contents of these records may contact the
Privacy Act Officer, Securities and Exchange Commission,
Operations Center, 6432 General Green Way, Mail Stop O-5,
Alexandria, VA 22312-2413.
Contesting Record Procedures: See record access procedures
above.
Record Source Categories: Information is provided by
Commission staff, and is extracted from Commission
memoranda, Commission releases, judgments, and
administrative orders. Additional information regarding the
status of payments is provided in the form of copies of
checks and/or money orders and from the Department of the
Treasury's debt collection referral program.
EXEMPTIONS CLAIMED FOR THE SYSTEM: None.
SEC-48
System Name: Fitness Center Membership, Payment, and
Fitness Records.
System Location: Securities and Exchange Commission,
Fitness Center, 450 Fifth Street, NW, Washington, DC 20549.
Categories of Individuals Covered by the System: Members of
the SEC's staff who have become members of the Fitness
Center.
Categories of Records in the System: Membership
applications, fee and payment information (including
electronic debit information), and fitness progress charts.
Authority for Maintenance of the System: 5 U.S.C. 7901, et
seq.
Purpose: The system was initiated to enable SEC Fitness
Center staff to track Fitness Center membership, fee
payments, and the physical fitness of members.
Routine Uses of Records Maintained in the System, Including
Categories of Users and the Purposes of Such Uses: No
routine use disclosures have been established for these
records. The records and information obtained in these
records will not be disclosed outside the SEC, unless
mandated by law. See the statutory conditions of disclosure
at 5 U.S.C. 552a(b).
Policies and Practices for Storing, Retrieving, Accessing,
Retaining, and Disposing of Records in the System:
Storage: Records are maintained electronically and on
paper.
Retrievability: Records are retrieved by the individual's
name or membership number.
Safeguards: Paper records are kept in locked file cabinets.
Electronic records can be retrieved only by authorized
persons using appropriate passwords.
Retention and Disposal: Records are maintained for as long
as an individual is a member of the Fitness Center plus six
months.
System Manager(s) and Address: Associate Executive
Director, Office of Administrative and Personnel Management,
Securities and Exchange Commission, Operations Center, 6432
General Green Way, Mail Stop O-1, Alexandria, VA 22312-2413.
Notification Procedure: All requests to determine whether
this system of records contains a record pertaining to the
requesting individual or entity may be directed to the
Privacy Act Officer, Securities and Exchange Commission,
Operations Center, 6432 General Green Way, Mail Stop O-5,
Alexandria, VA 22312-2413.
Records Access Procedures: Persons wishing to obtain
information on the procedures for gaining access to or
contesting the contents of these records may contact the
Privacy Act Officer, Securities and Exchange Commission,
Operations Center, 6432 General Green Way, Mail Stop O-5,
Alexandria, VA 22312-2413.
Contesting Record Procedures: See record access procedures
above.
Record Source Categories: All information is provided by
Fitness Center members.
EXEMPTIONS CLAIMED FOR THE SYSTEM: None.
By the Commission.
Jonathan G. Katz
Secretary
April 14, 1999