[Federal Register Volume 62, Number 176 (Thursday, September 11, 1997)]
[Notices]
[Pages 47887-47889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24042]



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SECURITIES AND EXCHANGE COMMISSION

[Release Nos. 34-39016; PA-21; File No. S7-23-97]


Privacy Act of 1974: Major Alterations to the Agency 
Correspondence Tracking System (ACTS) (SEC-29) and the Office of 
Personnel Training Files (SEC-40)

AGENCY: Securities and Exchange Commission.

ACTION: Notice of major alterations.

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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 major alterations to the Agency Correspondence Tracking 
System (ACTS) (SEC-29) and the Office of Personnel Training Files (SEC-
40).

DATES: Comments must be received no later than October 14, 1997. The 
changes to these systems of records will take effect October 21, 1997, 
unless the Commission receives comments which would result in a 
contrary determination.

ADDRESSES: Persons wishing to submit comments should file three (3) 
copies thereof with Jonathan G. Katz, Secretary, Securities and 
Exchange Commission, 450 Fifth Street, NW, Washington, DC 20549. 
Reference should be made to File No. S7-23-97. 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: Hannah R. Hall, Privacy Act Officer 
(202) 942-4320, Office of the Executive Director, Freedom of 
Information Act and Privacy Act Operations, Securities and Exchange 
Commission, Operations Center, 6432 General Green Way, Mail Stop O-5, 
Alexandria, VA 22312-2413.

SUPPLEMENTARY INFORMATION: This report is to give notice of major 
alterations to the Agency Correspondence Tracking System (ACTS) (SEC-
29) and the Office of Personnel Training Files (SEC-40), which are 
subject to the Privacy Act of 1974, 5 U.S.C. 552a. As revised, ACTS 
will have subsystems for records collected and maintained by the Office 
of Investor Education and Assistance (Subsystem A), the Office of the 
Chairman (Subsystem B), the Office of Filings and Information Services 
(Subsystem C), and the Office of Information Technology (Subsystem D). 
The Office of Personnel Training Files (SEC-40), as revised, will be 
called ``Personnel Management Training Files'' and incorporate 
information about its automated files. Additional changes proposed for 
both systems of records include revisions to the systems' location, 
categories of individuals and records, authority for maintenance, 
purpose, routine uses, storage, retrievability, safeguards, retention 
and disposal schedules, manager(s) and address(es), notification, 
record access, and contesting record procedures, and record source 
categories. The altered system of records reports, as required by 5 
U.S.C. 552a(r) of the Privacy Act, has been submitted to the Committee 
on Government Operations of the House of Representatives, 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 July 15, 1994.
    SEC-29 is revised as follows:
SEC-29

SYSTEM NAME:
    Agency Correspondence Tracking System (ACTS)-SEC.
    Subsystem A: Investor/Consumer Correspondence Files.
    Subsystem B: Chairman Correspondence Files.
    Subsystem C: Public Reference Branch Correspondence Files.
    Subsystem D: ACTS Computerized Records.

SYSTEM LOCATION:
    Records in this system are located at Headquarters, Securities and 
Exchange Commission, 450 Fifth Street, NW, Washington, DC 20549. Also, 
records covered by Subsystem A are received by and maintained in the 
Commission's Regional and District Offices, whose addresses are listed 
below under System Manager(s) and Address(es).

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Subsystem A: Records are maintained on members of the public and 
others who submit inquiries or make complaints to the Commission, 
generally, or who address their correspondence to the Office of 
Investor Education and Assistance or the Commission's Regional or 
District Offices.
    Subsystem B: Records are maintained on members of the public, 
members of Congress or their staff, and others who address their 
inquiries or complaints to the Commission's Chairman.
    Subsystem C: Records are maintained on members of the public who 
submit requests for copies of, or review of records accessible through 
the Commission's Public Reference Branch.
    Subsystem D: Computerized records are comprised of data collected 
in all of the above subsystems.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Both electronic and paper records in this system/subsystems contain 
the name of the complainant/inquirer/requester or their representative, 
the name of the entity and/or subject of the complaint/inquiry/request, 
the date relating to the disposition of the complaint/inquiry/request 
and, where applicable, the type of complaint/inquiry/request and other 
information derived from or relating to the complaint/inquiry/request. 
Paper records may include, but are not limited to letters of complaint/
inquiry/request, responses, and related documentation.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    15 U.S.C. 77s, 77sss, 78d, 78d-1, 78d-2, 78w, 78ll(d), 79t, 80a-37, 
and 80b-11.

PURPOSE:
    The records will be used by the staff to track and process 
complaints/inquiries/requests from members of the public and others.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    These records and the information contained in these records may be 
used as follows:
    (1) To respond to inquiries from individuals who have submitted 
complaints/inquiries/requests, or from their representatives, 
concerning the status of the particular complaint/inquiry/request;
    (2) To provide information to entities against whom complaints/
inquiries are directed when Commission staff requests them to research 
the issues raised and report back to the staff;
    (3) To respond to inquiries from the White House, Congressional 
committees, the General Accounting Office, General Services 
Administration or the National Archives and Records Administration, or 
others charged with monitoring the work of the Commission or conducting 
records management inspections under authority of 44 U.S.C. 2904 and 
2906;
    (4) To provide information to other Federal or State government 
agencies, or securities self-regulatory organizations which have more 
direct jurisdiction over the subject matter of the complaint/inquiry/
request;
    (5) To coordinate with or assist in law enforcement and regulatory 
activities of the Commission and other Federal, State, local, or 
foreign law enforcement

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or regulatory agencies, securities self-regulatory organizations, and 
foreign securities authorities;
    (6) To respond to a subpoena, court order, or request for 
discovery, in connection with any relevant litigation or proceeding 
where the Federal securities laws are at issue or in which the 
Commission, or past or present members of its staff, is a party or 
otherwise involved in an official capacity; and
    (7) To provide information to a Federal, State, local, or foreign 
government or foreign securities authority, in response to its request, 
in connection with civil, criminal, or other enforcement information, 
the hiring or retention of an employee, the issuance of a security 
clearance, the reporting of an investigation of an employee, the 
letting of a contract, or the issuance of a license, grant, or other 
benefit by the requesting agency, to the extent that the information is 
relevant and necessary to the requesting agency's decision on the 
matter.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Subsystems A, B, and C: These records are maintained in hard copy 
form by assigned file number, and certain elements of the data are 
extracted and tracked in computerized form through ACTS. The 
computerized records can be accessed by the individual's name or other 
indexed criteria.
    Subsystem D: These records are maintained in an on-line database 
and on data cartridges.

RETRIEVABILITY:
    By use of the computerized records in Subsystem D, the paper files 
in Subsystems A, B, and C are retrievable by the name of the 
complainant/inquirer/requester, receipt date of the complaint/inquiry/
request, name of the registered representative or associated person 
named in the complaint/inquiry/request, or the name of the entity/
issuer that is the subject of the complaint/inquiry/request.

SAFEGUARDS:
    Access to and use of these records are limited to those persons 
whose official duties require such access. Personnel screening is 
employed to prevent unauthorized disclosure. These records are 
maintained in office files in a building that has a 24-hour security 
guard.

RETENTION AND DISPOSAL:
    Subsystem A: Electronic records are purged after six (6) years. 
Paper records maintained at SEC Headquarters are retained in-house for 
three (3) years from the office's date of receipt of the complaint/
inquiry/request or its related subsequent submission(s), then 
transferred to the Federal Records Center for storage. Records sent to 
the Federal Records Center that do not relate to law enforcement 
matters are maintained for one (1) additional year (for a total of four 
(4) years from the office's date of receipt), and destroyed thereafter. 
Records sent to the Federal Records Center that do relate to law 
enforcement matters are maintained for three (3) additional years (for 
a total of six (6) years from the office's date of receipt), and 
destroyed thereafter. Paper records maintained in the Regional and 
District Offices are retained for three (3) years, and destroyed 
thereafter.
    Subsystem B: Electronic records are purged after six (6) years. 
Paper records are maintained in-house for at least three (3) years from 
the office's date of receipt, or upon expiration of the Chairman's 
appointment. Files are forwarded to the Federal Records Center and 
retained in accordance with the Commission's records retention 
schedule, published at 17 CFR 200.80f.
    Subsystem C: Paper records are maintained in-house for six months 
from the office's date of receipt, and destroyed periodically 
thereafter. Electronic records are purged after one (1) year.
    Subsystem D: A computerized record of searches and transactions is 
maintained in an on-line database and on data cartridges. Retention of 
the electronic records is contingent upon the retention of the paper 
records, maintained and determined by each office that utilizes ACTS. 
Cartridges are sent to the Commission's off-site storage vendor. Also, 
all database files are saved on the cartridges and sent to the off-site 
storage vendor.

SYSTEM MANAGER(S) AND ADDRESS:
    Subsystem A: Office of Investor Education and Assistance, 
Securities and Exchange Commission, 450 Fifth Street, NW, Washington, 
DC 20549;
    Assistant Regional Director, Northeast Regional Office, 7 World 
Trade Center, Suite 1300, New York, NY 10048; District Administrator, 
Boston District Office, 73 Tremont Street, Suite 600, Boston, MA 02108-
3912; District Administrator, Philadelphia District Office, The Curtis 
Center, 601 Walnut Street, Suite 1005 East, Philadelphia, PA 19106-
3322;
    Assistant Regional Director, Southeast Regional Office, 1401 
Brickell Avenue, Suite 200, Miami, FL 33131; District Administrator, 
Atlanta District Office, 3475 Lenox Road, NE, Suite 1000, Atlanta, GA 
30326-1232;
    Assistant Regional Director, Midwest Regional Office, Northwestern 
Atrium Center, 500 W. Madison Street, Suite 1400, Chicago, IL 60661-
2511;
    Assistant Regional Administrator, Central Regional Office, 1801 
California Street, Suite 4800, Denver, CO 80202-2648; District 
Administrator, Fort Worth District Office, 801 Cherry Street, Suite 
1900, Fort Worth, TX 76102; District Administrator, Salt Lake District 
Office, 500 Key Bank Tower, 50 South Main Street, Salt Lake City, UT 
84144-0402;
    Assistant Regional Administrator, Pacific Regional Office, 5670 
Wilshire Boulevard, Suite 1100, Los Angeles, CA 90036-3648; and 
District Administrator, San Francisco District Office, 44 Montgomery 
Street, 11th Floor, San Francisco, CA 94103-1735.
    Subsystem B: Office of the Chairman, Securities and Exchange 
Commission, 450 Fifth Street, NW, Washington, DC 20549.
    Subsystem C: Office of Filings and Information Services, Securities 
and Exchange Commission, Operations Center, Mail Stop A-1, 6432 General 
Green Way, Alexandria, VA 22312.
    Subsystem D: Office of Information Technology, Securities and 
Exchange Commission, Operations Center, Mail Stop O-4, 6432 General 
Green Way, Alexandria, VA 22312.

NOTIFICATION PROCEDURE:
    All requests to determine whether this system of records contains a 
record pertaining to the requesting individual 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.

RECORD 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 collected in all subsystems is received from 
individuals primarily through letters, telephone calls, or personal 
visits to the Commission's offices.

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EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.
    SEC-40 is revised as follows:
SEC-40

SYSTEM NAME:
    Personnel Management Training Files-SEC.

SYSTEM LOCATION:
    Securities and Exchange Commission, Operations Center, 6432 General 
Green Way, Mail Stop O-1, Alexandria, VA 22312-2413.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Records are maintained on SEC employees, present and past.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Both automated and paper records fall within the following 
categories: (a) Information on internal and external training provided 
to employees; (b) budget tracking information; (c) training sources 
used/considered; and (d) class rosters, notices, and certificates.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 1302, 2951, 3301, 3372, 4103, 4113, and 4118; and 5 CFR 
part 410.

PURPOSE:
    The records are used for statistical reports and employee career 
counseling, for determining whether mandatory training has been 
received, and for assessing whether the cost, quality, and 
appropriateness of courses and sources merit consideration for 
fulfilling future agency training needs.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSE OF SUCH USES:
    These records and the information contained in these records may be 
used as follows:
    (1) To provide information to Government training facilities 
(Federal, State, or local) and to non-Government training facilities 
(private contractors of training courses or programs, private schools, 
etc.), their representatives, or volunteers working on a contract, 
service, grant, or cooperative agreement, for training purposes;
    (2) To respond to inquiries from the White House, Congressional 
committees, the General Accounting Office, General Services 
Administration or the National Archives and Records Administration, or 
others charged with monitoring the work of the Commission or conducting 
records management inspections under authority of 44 U.S.C. 2904 and 
2906;
    (3) To respond to a subpoena, request for discovery, or the 
appearance of a witness, in connection with any relevant litigation or 
proceeding where the Commission, or past or present members of its 
staff, is a party or otherwise involved in an official capacity;
    (4) To provide information to a Federal, State, or local 
governmental entity or agency in response to its request, in connection 
with the potential violation of civil or criminal law or other 
regulation, the hiring or retention of an employee, the issuance of a 
security clearance, the reporting of an investigation of an employee, 
the letting of a contract, or the issuance of a license, grant, or 
other benefit by the requesting agency, to the extent that the 
information is relevant and necessary to the requesting agency's 
decision on the matter; and
    (5) To any source from which additional information is requested, 
when necessary to obtain information relevant to an agency decision to 
hire or retain an employee, issue a security clearance, conduct a 
security or suitability investigation of an individual, classify jobs, 
let a contract, or issue a license, grant, or other benefits.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Electronic media is maintained in a database, paper records are 
kept in binders and folders.

RETRIEVABILITY:
    Records are retrievable by employee name, social security number, 
organization, and the assigned training form number; vendor name; 
instructor name; category of training; date(s) of training; and course 
title and location.

SAFEGUARDS:
    Records are available to authorized agency staff. Both paper and 
electronic media are kept in a secure facility with 24 hour security 
guard surveillance. Personnel access to the database records is 
restricted by passwords.

RETENTION AND DISPOSAL:
    Records are retained for three (3) fiscal years and destroyed after 
completion of any applicable reporting requirements by the Office of 
Personnel Management.

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 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.

RECORD 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:
    Records that comprise the information in the system are provided 
by: The individual on whom the record is maintained; agency supervisors 
and/or administrative staff on employees being nominated for training; 
vendors or potential vendor sources for training; and other agency 
records.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

    Dated: September 4, 1997.

    By the Commission.
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 97-24042 Filed 9-10-97; 8:45 am]
BILLING CODE 8010-01-P