[Federal Register Volume 64, Number 77 (Thursday, April 22, 1999)]
[Notices]
[Pages 19840-19842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9906]


-----------------------------------------------------------------------

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 June 1, 1999, 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 May 24, 1999.

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

[[Page 19841]]

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(s):
    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(s) 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(s):
    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.

[[Page 19842]]

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.

Exemption claimed for the system:
    None.

    Dated: April 14, 1999.

    By the Commission.
Jonathan G. Katz,
Secretary.
[FR Doc. 99-9906 Filed 4-21-99; 8:45 am]
BILLING CODE 8010-01-P