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performance of the functions of the
agency, including whether the
information shall have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the proposed collection
of information; (c) ways to enhance the
quality, utility, and clarity of the
information to be collected; and (d)
ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
other forms of information technology.
Consideration will be given to
comments and suggestions submitted in
writing within 60 days of this
publication.
Please direct your written comments
to Pamela Dyson, Director/Chief
Information Officer, Securities and
Exchange Commission, C/O Remi
Pavlik-Simon, 100 F Street NE,
Washington, DC 20549; or send an email
to: PRA_Mailbox@sec.gov.
Dated: February 9, 2018.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–03097 Filed 2–14–18; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[Release No. PA–53; File No. S7–01–18]

Privacy Act of 1974; System of
Records
Securities and Exchange
Commission.
ACTION: Notice of new and modified
system of records.
AGENCY:

In accordance with the
Privacy Act of 1974 and the Office of
Management and Budget (OMB)
Circular No. A–108, the Securities and
Exchange Commission (Commission or
SEC) proposes to establish three new
systems of records titled, SEC–68: SEC’s
Division of Corporation Finance
Records; SEC–69: SEC’s Division of
Investment Management Records; and
SEC–70: SEC’s Division of Trading and
Markets Records; and to modify two
existing systems of records titled, SEC–
31: Office of General Counsel
(Adjudication) Working Files; and SEC–
39: Personnel Management Employment
and Staffing Files. The new and
modified systems of records are the
result of a consolidation of records
currently maintained by the SEC.
DATES: The changes will become
applicable March 17, 2018 to permit
public comment on the new and revised
routine uses. The Commission will
publish a new notice if the effective date

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SUMMARY:

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is delayed to review comments or if
changes are made based on comments
received. To assure consideration,
comments should be received on or
before March 17, 2018.
ADDRESSES: Comments may be
submitted by any of the following
methods:
Electronic Comments
• Use the Commission’s internet
comment form (http://www.sec.gov/
rules/other.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number S7–
01–18 on the subject line.
Paper Comments
Send paper comments in triplicate to
Brent J. Fields, Secretary, U.S. Securities
and Exchange Commission, 100 F Street
NE, Washington, DC 20549–1090.
All submissions should refer to S7–01–
18. This file number should be included
on the subject line if email is used. To
help process and review your comments
more efficiently, please use only one
method. The Commission will post all
comments on the Commission’s internet
website (http://www.sec.gov/rules/
other.shtml). Comments are also
available for website viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE,
Washington, DC 20549, on official
business days between the hours of 10
a.m. and 3 p.m. All comments received
will be posted without change; we do
not edit personal identifying
information from submissions. You
should submit only information that
you wish to make publicly available.
FOR FURTHER INFORMATION CONTACT:
For general and privacy related
questions please contact: Ronnette
McDaniel, Privacy and Information
Assurance Branch Chief, 202–551–8378
or privacyhelp@sec.gov.
SUPPLEMENTARY INFORMATION:
Establishment of Three New Systems of
Records
After a comprehensive, collaborative
review with system managers, or their
designees, in the Division of
Corporation Finance, Division of
Investment Management, and the
Division of Trading and Markets,
relevant records related to SEC filings
were consolidated into three disparate
systems of records. The consolidations
provide greater transparency into the
records of individuals maintained by
these Divisions. The consolidations
account for where the collections of
information are similar, the purposes for
the collections are compatible, and the
records maintained within the systems

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are under common administrative,
physical, and technical controls. Each of
the new SORNs resulting from the
consolidations are described in detail
below:
1. SEC–68: SEC’s Division of
Corporation Finance Records
New SEC–68 would consolidate SEC
filing records that are collected,
maintained and used to assist the
Division of Corporation Finance in
executing the Commission’s
responsibility to oversee corporate
disclosure of company filings, reports,
and other disclosure records filed
pursuant to the Securities Act of 1933,
the Securities Exchange Act of 1934,
and other Federal securities laws. The
records are used to monitor and
enhance compliance with disclosure
regulations that corporations are
required to comply with when stock is
initially sold and then on a continuing
and periodic basis. These records will
be consolidated into a new SORN titled,
SEC–68: SEC’s Division of Corporation
Finance Records. The filings and forms
collected are similar in purpose and are
used to provide investors with material
information about a company’s financial
condition and business practices so
individuals can make informed
investment decisions. This
consolidation will form one
comprehensive system of records that
will cover individuals associated with
filings and forms submitted to the SEC
on behalf of corporations, including but
not limited to: Registration statements
for initial public offerings and other
offerings; proposed sale of securities;
prospectus, and proxy solicitation
materials; financial statements;
beneficial ownership documents;
acquisition documents; tender offers;
insider trading transaction records;
quarterly and annual reports;
correspondence; internal staff
memoranda; and information relating to
the business activities and transactions
of public companies and their
associated persons. These records are
currently covered under one or more
legacy SORNs that are outdated and do
not accurately reflect changes in
technology and agency procedures.
These legacy SORNs are proposed for
rescindment in a companion Federal
Register Notice.
2. SEC–69: SEC’s Division of Investment
Management Records
New SEC–69 would consolidate SEC
filing records that are collected,
maintained and used to assist the
Division of Investment Management in
executing the Commission’s
responsibility for investor protection

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and for promoting capital formation
through oversight and regulation of the
investment management industry. These
records will be consolidated into a new
SORN titled SEC–69: SEC’s Division of
Investment Management Records. The
filings and forms collected are similar in
purpose and are used to oversee the
regulation of investment companies,
variable insurance products, and
federally registered investment advisers.
This consolidation will form one
comprehensive system of records that
will cover individuals associated with
filings and forms submitted to the SEC
on behalf of investment companies and
investment advisers, including but not
limited to: Application for registration
exemptions, or related adviser records;
records that describe or relate to
lawsuits, shareholdings, business
transactions, relationships to the issuer,
and other relevant material business
information about individuals; records
that describe or relate to business
relationships and transactions of
directors, lawsuits, investigations,
affiliations with other companies, and
other relevant personal and business
information about the individual that is
material to the use of the proxy
soliciting materials; records that
describe or relate to an investment
adviser, the adviser’s business, the
adviser’s compliance with provisions of
the Federal securities laws, and
includes information on persons
associated with investment advisers;
records that describe or relate to an
individual’s relationships and
transactions with a registered
investment company. These records are
currently covered under one or more
legacy SORNs that are outdated and do
not accurately reflect changes in
technology and agency procedures.
These legacy SORNs are proposed for
rescindment in a companion Federal
Register Notice.
3. SEC–70: SEC’s Division of Trading
and Markets Records
New SEC–70 would consolidate SEC
filing records that are collected,
maintained and used to assist the
Division of Trading and Markets in
executing the Commission’s
responsibility to regulate the major
securities market participants, including
broker-dealers, self-regulatory
organizations (such as stock exchanges,
FINRA, and clearing agencies), swap
participants, funding portals, transfer
agents, and other market participants.
The identified records will be
consolidated into a new SORN titled
SEC–70: SEC’s Division of Trading and
Markets Records. This consolidation
will form one comprehensive system of

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records that will cover individuals
associated with filings and forms
submitted to the SEC on behalf of
applicants for registration or exemption
from registration as broker-dealers, selfregulatory organizations (SROs),
clearing agencies, transfer agents,
security-based swap dealers, security
based swap data repositories, major
security-based swap participants,
security-based swap execution facilities,
funding portals and other market
participants. The records will support
the Commission in regulating the major
securities market participants identified
above. These records are currently
covered under one or more legacy
SORNs that are outdated and do not
accurately reflect changes in technology
and agency procedures. These legacy
SORNs are proposed for rescindment in
a companion Federal Register Notice.
Modification of Two Existing Systems
of Records
1. SEC–31: Office of General Counsel
(Adjudication) Working Files
Modified SEC–31 would consolidate
records collected, maintained and used
to assist the Office of General Counsel
in providing legal advice and assistance
concerning SEC investigations and
actions, representing the Commission in
judicial and administrative proceedings
in which the SEC is involved, preparing
Commission opinions, conducting
investigations regarding misconduct by
SEC employees, and representing SEC
personnel who are being sued. These
records are currently covered under one
or more legacy SORNs that are outdated
and do not accurately reflect changes in
technology and agency procedures.
These legacy SORNs are proposed for
rescindment in a companion Federal
Register Notice.
To more accurately reflect the
consolidated records, SEC–31: Office of
General Counsel (Adjudication)
Working Files will be renamed ‘‘Office
of General Counsel Working Files.’’
Additional changes to SEC–31 will
include: (1) Security Classification:
Added as a new section; (2) System
Manager: Updated with current position
title and mailing address; (3) Authority
for Maintenance: Updated the authority
relied upon in maintaining the system;
(4) Purpose: Added a purpose section
which was omitted from the last
publication; (5) Categories of
Individuals: Expanded to include
persons being investigated by the SEC,
attorneys, persons involved in litigation
with the SEC, persons involved in
administrative proceedings, persons
involved in appeals from actions by selfregulatory organizations or the Public

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Company Accounting Oversight Board,
persons communicating with the SEC,
FOIA/Privacy Act requestors,
individuals whose conduct or
performance raises concerns,
individuals who have filed EEO
complaints, individuals named in or
involved in litigation in which a thirdparty subpoena is served, Commission
personnel seeking review of articles,
speeches, or treatises, and SEC
personnel against whom complaints
have been lodged; (6) Categories of
Records: Added a categories of record
section which was omitted from the last
publication; (7) Record Source
Categories: Updated the sources from
which records are received; (8) Routine
Uses: Added new routine uses located at
numbers 1, 4, 12, 13, and 20 through 24;
(9) Storage: Expanded to include storage
of electronic formats and devices; (10)
Retrieval: Updated to clarify paper and
electronic retrieval practices; (11)
Safeguards: Updated to clarify the
administrative, technical and physical
safeguards; (12) Access, Contesting
Records and Notification Procedures
sections: Updated each section to reflect
SEC’s current mailing address; (13)
History: Added as a new section; and
(14) Exemptions: Added exemption
from several provisions of the Privacy
Act regarding records that contain
investigatory materials complied for law
enforcement purposes. This exemption
was originally adopted in 40 FR 44068,
(September 24, 1975), but omitted from
earlier publications.
2. SEC–39 Personnel Management
Employment and Staffing Files
Modified SEC–39 would consolidate
records collected, maintained and used
to assist the Office of Human Resources
in maintaining an official repository of
personnel actions on current and former
SEC employees including internal and
external training, labor management
activities, promotions, and verification
of employment and qualifications.
To more accurately reflect the
consolidated records, SEC–39:
Personnel Management Employment
and Staffing Files will be renamed
Personnel Management Employment
and Staffing/Training Files. Additional
changes to SEC–39 will include: (1)
Categories of records: Updated the type
of records maintained in the system to
include official position description,
training files, employee name, social
security number, organization, assigned
training form number, vendor name,
instructor name, category of training,
dates of training, course title and
location; (2) Authority for maintenance:
Deleted authority no longer relied upon
and added new authority, 5 U.S.C. 3101

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and Executive Order 9397, as amended
by 13478; (3) Purpose: Added the
purpose for the system which was
omitted from previous publications; (4)
Routine uses: Added new routine uses
located at numbers 1, 2, 9, 13 and 14;
and (5) Record source: Updated the
sources from which records are
received.
Accordingly, the Commission is
proposing the new and modified
systems of records to read as follows:
SYSTEM NAME AND NUMBER

SEC–68: SEC’s Division of
Corporation Finance Records.
SECURITY CLASSIFICATION:

Unclassified.
SYSTEM LOCATION:

Securities and Exchange Commission,
100 F Street NE, Washington, DC 20549.
Records are also maintained in SEC
Regional Offices.
SYSTEM MANAGER(S):

Chief Information Officer, Office of
Information Technology, Securities and
Exchange Commission, 100 F Street NE,
Washington, DC 20549.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Securities Act of 1933, 15 U.S.C. 77a
et seq.; Securities Exchange Act of 1934,
15 U.S.C. 78a et seq.; and rules and
regulations adopted by the Commission
under the Securities Act of 1933 and the
Securities Exchange Act of 1934.

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PURPOSE(S) OF THE SYSTEM:

To ensure that investors are provided
with material information in order to
make informed investment decisions,
both when a company initially offers its
securities to the public and on an
ongoing basis as it continues to give
information to the market place.
1. To monitor and enhance
compliance with disclosure and
accounting requirements.
2. To issue comments to companies to
elicit better compliance with applicable
discourse requirements.
3. To improve investor protection and
to facilitate capital formation.
4. To provide interpretive assistance
to companies with respect to SEC rules
and forms and to make
recommendations to the Commission
regarding new rules and revisions to
existing rules.
5. To investigate possible violations of
Federal securities laws.
6. To prepare, on a periodic basis or
pursuant to specific requests tabulations
of beneficial ownership for public
inspection, classified variously by
issuer, reporting persons, and in any
other matter deemed necessary and
appropriate.

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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

This system of records covers
individuals having a relationship with
public companies, investment
companies, and small businesses who
trade securities on the public market,
are required to disclose to the public
certain business and financial
information, and have public reporting
obligations. Additional related
individuals covered include: Officers,
directors, principal shareholders,
controlling persons, controlling
affiliates, employees, owners, persons
who own beneficially more than 5
percent of any equity security of a class,
persons making a tender offer to acquire
more than 5 percent of equity securities,
individuals who are required by statute
or rule to file reports concerning their
beneficial ownership of certain
securities, persons for whose account
securities are proposed to be sold
pursuant to rules adopted by the
Commission, and persons other than
management who are required to file
proxy soliciting material with the
Commission in advance of its use.
Records may also concern persons,
directly or indirectly, with whom public
companies or their affiliates have client
relations or business arrangements.
CATEGORIES OF RECORDS IN THE SYSTEM:

Information related to the categories
of individuals listed above may include:
Name, mailing address, telephone
number, email address, central index
key (CIK) number, IRS tax identification
number, IP address, transaction history,
and financial information. Additionally,
records include registration statements
for IPOs and other offerings, proposed
sale of securities, prospectus, and proxy
solicitation materials, financial
statements, beneficial ownership
documents, acquisition documents,
tender offers, ownership reports, insider
trading transaction records, quarterly
and annual reports, correspondence,
internal staff memoranda, and
information relating to the business
activities and transactions of public
companies and their associated persons.
RECORD SOURCE CATEGORIES:

Record sources are primarily filers
required to file registration statements,
reports, and other disclosure and
accounting documents under the
Securities Act of 1933 and Securities
Exchange Act of 1934. Additional
record sources are derived from SEC
correspondence and any other forms of
communication related to the filings.

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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:

In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, these records
or information contained therein may
specifically be disclosed outside the
Commission as a routine use pursuant
to 5 U.S.C. 552 a(b)(3) as follows:
1. To appropriate agencies, entities,
and persons when (1) the SEC suspects
or has confirmed that there has been a
breach of the system of records, (2) The
SEC has determined that as a result of
the suspected or confirmed breach there
is a risk of harm to individuals, the SEC
(including its information systems,
programs, and operations), the Federal
Government, or national security; and
(3) the disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with the SEC’s efforts to
respond to the suspected or confirmed
breach or to prevent, minimize, or
remedy such harm.
2. To other Federal, state, local, or
foreign law enforcement agencies;
securities self-regulatory organizations;
and foreign financial regulatory
authorities to assist in or coordinate
regulatory or law enforcement activities
with the SEC.
3. To national securities exchanges
and national securities associations that
are registered with the SEC, the
Municipal Securities Rulemaking Board;
the Securities Investor Protection
Corporation; the Public Company
Accounting Oversight Board; the
Federal banking authorities, including,
but not limited to, the Board of
Governors of the Federal Reserve
System, the Comptroller of the
Currency, and the Federal Deposit
Insurance Corporation; state securities
regulatory agencies or organizations; or
regulatory authorities of a foreign
government in connection with their
regulatory or enforcement
responsibilities.
4. By SEC personnel for purposes of
investigating possible violations of, or to
conduct investigations authorized by,
the Federal securities laws.
5. In any proceeding where the
Federal securities laws are in issue or in
which the Commission, or past or
present members of its staff, is a party
or otherwise involved in an official
capacity.
6. In connections with proceedings by
the Commission pursuant to Rule 102(e)
of its Rules of Practice, 17 CFR
201.102(e).
7. To a bar association, state
accountancy board, or other Federal,
state, local, or foreign licensing or

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oversight authority; or professional
association or self-regulatory authority
to the extent that it performs similar
functions (including the Public
Company Accounting Oversight Board)
for investigations or possible
disciplinary action.
8. To a Federal, state, local, tribal,
foreign, or international agency, if
necessary to obtain information relevant
to the SEC’s decision concerning the
hiring or retention of an employee; the
issuance of a security clearance; the
letting of a contract; or the issuance of
a license, grant, or other benefit.
9. To a Federal, state, local, tribal,
foreign, or international agency in
response to its request for information
concerning 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.
10. To produce summary descriptive
statistics and analytical studies, as a
data source for management
information, in support of the function
for which the records are collected and
maintained or for related personnel
management functions or manpower
studies; may also be used to respond to
general requests for statistical
information (without personal
identification of individuals) under the
Freedom of Information Act.
11. To any trustee, receiver, master,
special counsel, or other individual or
entity that is appointed by a court of
competent jurisdiction, or as a result of
an agreement between the parties in
connection with litigation or
administrative proceedings involving
allegations of violations of the Federal
securities laws (as defined in section
3(a)(47) of the Securities Exchange Act
of 1934, 15 U.S.C. 78c(a)(47)) or
pursuant to the Commission’s Rules of
Practice, 17 CFR 201.100–900 or the
Commission’s Rules of Fair Fund and
Disgorgement Plans, 17 CFR 201.1100–
1106, or otherwise, where such trustee,
receiver, master, special counsel, or
other individual or entity is specifically
designated to perform particular
functions with respect to, or as a result
of, the pending action or proceeding or
in connection with the administration
and enforcement by the Commission of
the Federal securities laws or the
Commission’s Rules of Practice or the
Rules of Fair Fund and Disgorgement
Plans.
12. To any persons during the course
of any inquiry, examination, or

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investigation conducted by the SEC’s
staff, or in connection with civil
litigation, if the staff has reason to
believe that the person to whom the
record is disclosed may have further
information about the matters related
therein, and those matters appeared to
be relevant at the time to the subject
matter of the inquiry.
13. To interns, grantees, experts,
contractors, and others who have been
engaged by the Commission to assist in
the performance of a service related to
this system of records and who need
access to the records for the purpose of
assisting the Commission in the efficient
administration of its programs,
including by performing clerical,
stenographic, or data analysis functions,
or by reproduction of records by
electronic or other means. Recipients of
these records shall be required to
comply with the requirements of the
Privacy Act of 1974, as amended, 5
U.S.C. 552a.
14. In reports published by the
Commission pursuant to authority
granted in the Federal securities laws
(as such term is defined in section
3(a)(47) of the Securities Exchange Act
of 1934, 15 U.S.C. 78c(a)(47)), which
authority shall include, but not be
limited to, section 21(a) of the Securities
Exchange Act of 1934, 15 U.S.C. 78u(a).
15. To members of advisory
committees that are created by the
Commission or by Congress to render
advice and recommendations to the
Commission or to Congress, to be used
solely in connection with their official
designated functions.
16. To any person who is or has
agreed to be subject to the Commission’s
Rules of Conduct, 17 CFR 200.735–1 to
200.735–18, and who assists in the
investigation by the Commission of
possible violations of the Federal
securities laws (as such term is defined
in section 3(a)(47) of the Securities
Exchange Act of 1934, 15 U.S.C.
78c(a)(47)), in the preparation or
conduct of enforcement actions brought
by the Commission for such violations,
or otherwise in connection with the
Commission’s enforcement or regulatory
functions under the Federal securities
laws.
17. To a Congressional office from the
record of an individual in response to
an inquiry from the Congressional office
made at the request of that individual.
18. To members of Congress, the
press, and the public in response to
inquiries relating to particular
Registrants and their activities, and
other matters under the Commission’s
jurisdiction.
19. To prepare and publish
information relating to violations of the

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Federal securities laws as provided in
15 U.S.C. 78c(a)(47), as amended.
20. To respond to subpoenas in any
litigation or other proceeding.
21. To a trustee in bankruptcy.
22. To members of Congress, the
General Accountability Office, or others
charged with monitoring the work of the
Commission or conducting records
management inspections.
23. To any governmental agency,
governmental or private collection
agent, consumer reporting agency or
commercial reporting agency,
governmental or private employer of a
debtor, or any other person, for
collection, including collection by
administrative offset, Federal salary
offset, tax refund offset, or
administrative wage garnishment, of
amounts owed as a result of
Commission civil or administrative
proceedings.
24. To another Federal agency or
Federal entity, when the SEC
determines that information from this
system of records is reasonably
necessary to assist the recipient agency
or entity in (1) responding to a
suspected or confirmed breach or (2)
preventing, minimizing, or remedying
the risk of harm to individuals, the
recipient agency or entity (including its
information systems, programs, and
operations), the Federal Government, or
national security, resulting from a
suspected or confirmed breach.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:

Records are maintained in electronic
and paper format. Electronic records are
stored in computerized databases,
magnetic disc, tape and/or digital
media. Paper records and records on
computer disc are stored in locked file
rooms and/or file cabinets.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:

Records are accessed by the file
number assigned to the company. No
individual name access is provided,
although the Commission’s NameRelationship Index system cross-indexes
names with company officers. Records
are also searched through CIK. Hard
copy records are accessed by name and/
or file number assigned to the reporting
individual. Computer tabulations
derived from data contained in the hard
copy records are accessed by company
or by name of the reporting individual.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:

These records are retained for various
lengths of time in accordance with the
National Archives and Records
Administration records schedules. The

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records will be maintained until they
become inactive, at which time they
will be retired or destroyed in
accordance with the SEC’s records
retention schedule, as approved by the
National Archives and Records
Administration.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:

Access to SEC facilities, data centers,
and information or information systems
is limited to authorized personnel with
official duties requiring access. SEC
facilities are equipped with security
cameras and 24-hour security guard
service. The records are kept in limited
access areas during duty hours and in
locked file cabinets and/or locked
offices or file rooms at all other times.
Computerized records are safeguarded
in a secured environment. Security
protocols meet the promulgating
guidance as established by the National
Institute of Standards and Technology
(NIST) Security Standards from Access
Control to Data Encryption and Security
Assessment & Authorization (SA&A).
Records are maintained in a secure,
password-protected electronic system
that will utilize commensurate
safeguards that may include: Firewalls,
intrusion detection and prevention
systems, and role-based access controls.
Additional safeguards will vary by
program. All records are protected from
unauthorized access through
appropriate administrative, operational,
and technical safeguards. These
safeguards include: Restricting access to
authorized personnel who have a ‘‘need
to know;’’ using locks; and password
protection identification features.
Contractors and other recipients
providing services to the Commission
shall be required to maintain equivalent
safeguards.
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 FOIA/PA
Officer, Securities and Exchange
Commission, 100 F Street NE, Mail Stop
5100, Washington, DC 20549–2736.
CONTESTING RECORD PROCEDURES:

sradovich on DSK3GMQ082PROD with NOTICES

See Record Access Procedures above.
NOTIFICATION PROCEDURES:

All requests to determine whether this
system of records contains a record
pertaining to the requesting individual
may be directed to the FOIA/PA Officer,
Securities and Exchange Commission,
100 F Street NE, Mail Stop 5100,
Washington, DC 20549–2736.

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EXEMPTIONS PROMULGATED FOR THE SYSTEM:

None.
HISTORY:

New SORN.
SYSTEM NAME AND NUMBER

SEC–69: SEC’s Division of Investment
Management Records.
SECURITY CLASSIFICATION:

Unclassified.
SYSTEM LOCATION:

Securities and Exchange Commission,
100 F Street NE, Washington, DC 20549.
Records are also maintained in SEC
Regional Offices.
SYSTEM MANAGER(S):

Chief Information Officer, Office of
Information Technology, Securities and
Exchange Commission, 100 F Street NE,
Washington, DC 20549.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Securities Exchange Act of 1934,15
U.S.C. 78a et seq., Investment Company
Act of 1940, 15 U.S.C. 80a–3 et seq., and
Investment Advisers Act of 1940, 15
U.S.C. 80b–1 et seq.
PURPOSE(S) OF THE SYSTEM:

1. To assist the Commission in
executing its responsibility for investor
protection and for promoting capital
formation through oversight and
regulation of the investment
management industry.
2. To assist the Commission in
interpreting laws and regulations for the
public.
3. To review investment company and
investment adviser filings.
4. To assist the Commission in
enforcement matters involving
investment companies and advisors.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Records include information on
officers, directors, principal
shareholders, and certain other persons
having relationship with or a
transaction with a registrant; an
individual or their affiliates related to a
reporting entity, or an entity seeking
exemption from Federal securities laws
and/or seeking ‘‘no-action’’ or
interpretive advice; institutional
investment managers or their affiliates;
individuals related to investment
advisers; officers, directors, and certain
shareholders of issuers required to file
periodic reports with the Commission;
officers, directors, and certain
stockholders of an issuer and persons
other than management who are
required to file proxy soliciting material
with the Commission in advance of its

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use; investment advisers registered with
the Commission and persons associated
with registered investment advisers;
individuals associated with registered
investment companies; officers,
directors, principal shareholders, or
other individuals related to advisers;
individuals or their affiliates related to
business development companies;
individual or their affiliates related to
variable insurance products; federally
registered or unregistered investment
advisers; professional fund managers or
their affiliates that have client relations
or business arrangements.
CATEGORIES OF RECORDS IN THE SYSTEM:

The categories of records covered by
this SORN may include, but not limited
to: Records that describe or relate to the
individual’s relationship to a registrant,
reporting entity and/or other relevant
material business information about the
individual; records describe or related
to an application for registration
exemption, or relate to adviser records
such as name, date of birth, mailing
address, email address, telephone
numbers, social security number,
education, employment history,
disciplinary history, business
relationships and other similar related
information; records that describe or
relate to initial information and changes
regarding beneficial ownership of the
securities of certain issuers such as
name of the reporting person, the inside
control number assigned to the
individual, the relationship of the
reporting person, the nature of the
ownership, and financial transaction
data with regard to the securities
holdings of the reporting person;
records that describe or relate to
lawsuits, shareholdings, business
transactions, relationships to the issuer
and other relevant material business
information about the individual;
records that describe or relate to
business relationships and transactions
of director, lawsuits, investigations,
affiliations with other companies, and
other relevant personal and business
information about the individual that is
material to the use of the proxy
soliciting materials; records that
describe or relate to an investment
adviser, the adviser’s business, the
adviser’s compliance with provisions of
the Federal securities laws and include
information on persons associated with
investment advisers; records that
describe or relate to an individual’s
relationships and transactions with a
registered investment company.
RECORD SOURCE CATEGORIES:

Records sources are primarily
maintained by the Division of

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Federal Register / Vol. 83, No. 32 / Thursday, February 15, 2018 / Notices
Investment Management that relate to
primary filers that are required to file
registration statements, applications,
reports, correspondence, and other
related disclosure and accounting
documents under the Securities Act of
1933, the Securities Exchange Act of
1934, the Investment Company Act of
1940 and the Investment Advisers Act
of 1940.

sradovich on DSK3GMQ082PROD with NOTICES

ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:

In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, these records
or information contained therein may
specifically be disclosed outside the
Commission as a routine use pursuant
to 5 U.S.C. 552 a(b)(3) as follows:
1. To appropriate agencies, entities,
and persons when (1) the SEC suspects
or has confirmed that there has been a
breach of the system of records, (2) The
SEC has determined that as a result of
the suspected or confirmed breach there
is a risk of harm to individuals, the SEC
(including its information systems,
programs, and operations), the Federal
Government, or national security; and
(3) the disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with the SEC’s efforts to
respond to the suspected or confirmed
breach or to prevent, minimize, or
remedy such harm.
2. To other Federal, state, local, or
foreign law enforcement agencies;
securities self-regulatory organizations;
and foreign financial regulatory
authorities to assist in or coordinate
regulatory or law enforcement activities
with the SEC.
3. To national securities exchanges
and national securities associations that
are registered with the SEC, the
Municipal Securities Rulemaking Board;
the Securities Investor Protection
Corporation; the Public Company
Accounting Oversight Board; the
Federal banking authorities, including,
but not limited to, the Board of
Governors of the Federal Reserve
System, the Comptroller of the
Currency, and the Federal Deposit
Insurance Corporation; state securities
regulatory agencies or organizations; or
regulatory authorities of a foreign
government in connection with their
regulatory or enforcement
responsibilities.
4. By SEC personnel for purposes of
investigating possible violations of, or to
conduct investigations authorized by,
the Federal securities laws.
5. In any proceeding where the
Federal securities laws are in issue or in

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Jkt 244001

which the Commission, or past or
present members of its staff, is a party
or otherwise involved in an official
capacity.
6. In connections with proceedings by
the Commission pursuant to Rule 102(e)
of its Rules of Practice, 17 CFR
201.102(e).
7. To a bar association, state
accountancy board, or other Federal,
state, local, or foreign licensing or
oversight authority; or professional
association or self-regulatory authority
to the extent that it performs similar
functions (including the Public
Company Accounting Oversight Board)
for investigations or possible
disciplinary action.
8. To a Federal, state, local, tribal,
foreign, or international agency, if
necessary to obtain information relevant
to the SEC’s decision concerning the
hiring or retention of an employee; the
issuance of a security clearance; the
letting of a contract; or the issuance of
a license, grant, or other benefit.
9. To a Federal, state, local, tribal,
foreign, or international agency in
response to its request for information
concerning 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.
10. To produce summary descriptive
statistics and analytical studies, as a
data source for management
information, in support of the function
for which the records are collected and
maintained or for related personnel
management functions or manpower
studies; may also be used to respond to
general requests for statistical
information (without personal
identification of individuals) under the
Freedom of Information Act.
11. To any trustee, receiver, master,
special counsel, or other individual or
entity that is appointed by a court of
competent jurisdiction, or as a result of
an agreement between the parties in
connection with litigation or
administrative proceedings involving
allegations of violations of the Federal
securities laws (as defined in section
3(a)(47) of the Securities Exchange Act
of 1934, 15 U.S.C. 78c(a)(47)) or
pursuant to the Commission’s Rules of
Practice, 17 CFR 201.100–900 or the
Commission’s Rules of Fair Fund and
Disgorgement Plans, 17 CFR 201.1100–
1106, or otherwise, where such trustee,
receiver, master, special counsel, or
other individual or entity is specifically

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6897

designated to perform particular
functions with respect to, or as a result
of, the pending action or proceeding or
in connection with the administration
and enforcement by the Commission of
the Federal securities laws or the
Commission’s Rules of Practice or the
Rules of Fair Fund and Disgorgement
Plans.
12. To any persons during the course
of any inquiry, examination, or
investigation conducted by the SEC’s
staff, or in connection with civil
litigation, if the staff has reason to
believe that the person to whom the
record is disclosed may have further
information about the matters related
therein, and those matters appeared to
be relevant at the time to the subject
matter of the inquiry.
13. To interns, grantees, experts,
contractors, and others who have been
engaged by the Commission to assist in
the performance of a service related to
this system of records and who need
access to the records for the purpose of
assisting the Commission in the efficient
administration of its programs,
including by performing clerical,
stenographic, or data analysis functions,
or by reproduction of records by
electronic or other means. Recipients of
these records shall be required to
comply with the requirements of the
Privacy Act of 1974, as amended, 5
U.S.C. 552a.
14. In reports published by the
Commission pursuant to authority
granted in the Federal securities laws
(as such term is defined in section
3(a)(47) of the Securities Exchange Act
of 1934, 15 U.S.C. 78c(a)(47)), which
authority shall include, but not be
limited to, section 21(a) of the Securities
Exchange Act of 1934, 15 U.S.C. 78u(a).
15. To members of advisory
committees that are created by the
Commission or by Congress to render
advice and recommendations to the
Commission or to Congress, to be used
solely in connection with their official
designated functions.
16. To any person who is or has
agreed to be subject to the Commission’s
Rules of Conduct, 17 CFR 200.735–1 to
200.735–18, and who assists in the
investigation by the Commission of
possible violations of the Federal
securities laws (as such term is defined
in section 3(a)(47) of the Securities
Exchange Act of 1934, 15 U.S.C.
78c(a)(47)), in the preparation or
conduct of enforcement actions brought
by the Commission for such violations,
or otherwise in connection with the
Commission’s enforcement or regulatory
functions under the Federal securities
laws.

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Federal Register / Vol. 83, No. 32 / Thursday, February 15, 2018 / Notices

17. To a Congressional office from the
record of an individual in response to
an inquiry from the Congressional office
made at the request of that individual.
18. To members of Congress, the
press, and the public in response to
inquiries relating to particular
Registrants and their activities, and
other matters under the Commission’s
jurisdiction.
19. To prepare and publish
information relating to violations of the
Federal securities laws as provided in
15 U.S.C. 78c(a)(47), as amended.
20. To respond to subpoenas in any
litigation or other proceeding.
21. To a trustee in bankruptcy.
22. To members of Congress, the
General Accountability Office, or others
charged with monitoring the work of the
Commission or conducting records
management inspections.
23. To any governmental agency,
governmental or private collection
agent, consumer reporting agency or
commercial reporting agency,
governmental or private employer of a
debtor, or any other person, for
collection, including collection by
administrative offset, Federal salary
offset, tax refund offset, or
administrative wage garnishment, of
amounts owed as a result of
Commission civil or administrative
proceedings.
24. To another Federal agency or
Federal entity, when the SEC
determines that information from this
system of records is reasonably
necessary to assist the recipient agency
or entity in (1) responding to a
suspected or confirmed breach or (2)
preventing, minimizing, or remedying
the risk of harm to individuals, the
recipient agency or entity (including its
information systems, programs, and
operations), the Federal Government, or
national security, resulting from a
suspected or confirmed breach.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:

sradovich on DSK3GMQ082PROD with NOTICES

Records are maintained in electronic
and paper format. Electronic records are
stored in computerized databases and/or
electronic storage devices. Paper records
and records on electronic storage
devices may be stored in locked file
rooms and/or file cabinets and/or
secured buildings.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:

Information is indexed by name of the
Regulated Entity or by certain SEC
identification numbers. Information
regarding individuals may be obtained
through the use of cross-reference
methodology or some form of personal

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identifier. Access for inquiry purposes
is via a computer terminal.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:

These records are retained for various
lengths of time in accordance with the
National Archives and Records
Administration records schedules. The
records will be maintained until they
become inactive, at which time they
will be retired or destroyed in
accordance with the SEC’s records
retention schedule, as approved by the
National Archives and Records
Administration.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:

Access to SEC facilities, data centers,
and information or information systems
is limited to authorized personnel with
official duties requiring access. SEC
facilities are equipped with security
cameras and 24-hour security guard
service. Covered records are kept in
limited access areas during duty hours
and secured areas at all other times.
Computerized records are safeguarded
in secured, encrypted environment.
Security protocols meet the
promulgating guidance as established by
the National Institute of Standards and
Technology (NIST) Security Standards
from Access Control to Data Encryption,
and Security Assessment &
Authorization (SA&A). Records will be
maintained in a secure, passwordprotected electronic system that will
utilize commensurate safeguards that
may include: Firewalls, intrusion
detection and prevention systems, and
role-based access controls. Additional
safeguards will vary by program. All
records are protected from unauthorized
access through appropriate
administrative, operational, and
technical safeguards. These safeguards
include: Restricting access to authorized
personnel who have a ‘‘need to know’’;
using locks; and password protection
identification features. Contractors and
other recipients providing services to
the Commission shall be required to
maintain equivalent safeguards.
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 FOIA/PA
Officer, Securities and Exchange
Commission, 100 F Street NE, Mail Stop
5100, Washington, DC 20549–2736.
CONTESTING RECORD PROCEDURES:

See Record Access Procedures above.

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Fmt 4703

Sfmt 4703

NOTIFICATION PROCEDURES:

All requests to determine whether this
system of records contains a record
pertaining to the requesting individual
may be directed to the FOIA/PA Officer,
Securities and Exchange Commission,
100 F Street NE, Mail Stop 5100,
Washington, DC 20549–2736.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:

None.
HISTORY:

New SORN.
SYSTEM NAME AND NUMBER

SEC–70: SEC’s Division of Trading
and Markets Records.
SECURITY CLASSIFICATION:

Unclassified.
SYSTEM LOCATION:

Securities and Exchange Commission,
100 F Street NE, Washington, DC 20549.
Records are also maintained in SEC
Regional Offices.
SYSTEM MANAGER(S):

Chief Information Officer, Office of
Information Technology, Securities and
Exchange Commission, 100 F Street NE,
Washington, DC 20549.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Securities Act of 1933, 15 U.S.C. 77a
et seq.; Securities Exchange Act of 1934,
15 U.S.C. 78a et seq.; Investment
Company Act of 1940, 15 U.S.C. 80a–1
et seq., Investment Advisers Act of
1940, 15 U.S.C. 80b–1 et seq., and rules
and regulations adopted by the
Commission under the Securities Act of
1933 and the Securities Exchange Act of
1934.
PURPOSE(S) OF THE SYSTEM:

1. To maintain standards for fair,
orderly, and efficient markets.
2. To regulate the major securities
market participants, including brokerdealers, self-regulatory organizations,
clearing agencies, transfer agents,
securities information processors, and
other registered intermediaries.
3. To carry out the Commission’s
financial integrity program for brokerdealers.
4. To review and in some cases
approve proposed new rules and
proposed changes to existing rules filed
by self-regulatory organizations.
5. To assist in establishing rules and
issuing interpretations on matters
affecting the operation of the securities
markets.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

This system of records covers
applicants for registration or exemption

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Federal Register / Vol. 83, No. 32 / Thursday, February 15, 2018 / Notices
from registration as broker-dealers, selfregulatory organizations (SROs),
clearing agencies, transfer agents,
security-based swap dealers, security
based swap data repositories, major
security-based swap participants,
security-based swap execution facilities,
funding portals, and persons associated
with the entities above. Records may
also concern persons, directly or
indirectly, with whom market
participants or their affiliates have
client relations or business
arrangements.
CATEGORIES OF RECORDS IN THE SYSTEM:

Information related to the categories
of individuals listed above may include:
Name, business address, residential
address (for sole proprietor only),
telephone/cellular/facsimile number,
email address, website or IP address,
IRS employer identification number, IA
SEC File Number, Broker Dealer SEC
File Number, CRD Number, areas of
business, other SEC registrations, SRO
memberships, and related information;
past and present employment;
disciplinary history; business
relationships; and similar information
relating to the categories of individuals
covered by the system. Paper records
may include, but are not limited to,
application and other forms, notices,
records, or documents relating to
registration; letters, facsimiles, imaged
documents, and other forms of written
communication; and related
documentation.
RECORD SOURCE CATEGORIES:

Record Sources are primarily market
participants required to register with the
SEC and file applications for
registration, reports, and other
disclosure and accounting documents
filed Pursuant to the Securities
Exchange Act of 1934, and other Federal
securities laws.

sradovich on DSK3GMQ082PROD with NOTICES

ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:

In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, these records
or information contained therein may
specifically be disclosed outside the
Commission as a routine use pursuant
to 5 U.S.C. 552 a(b)(3) as follows:
1. To appropriate agencies, entities,
and persons when (1) the SEC suspects
or has confirmed that there has been a
breach of the system of records, (2) The
SEC has determined that as a result of
the suspected or confirmed breach there
is a risk of harm to individuals, the SEC
(including its information systems,
programs, and operations), the Federal

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19:01 Feb 14, 2018

Jkt 244001

Government, or national security; and
(3) the disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with the SEC’s efforts to
respond to the suspected or confirmed
breach or to prevent, minimize, or
remedy such harm.
2. To other Federal, state, local, or
foreign law enforcement agencies;
securities self-regulatory organizations;
and foreign financial regulatory
authorities to assist in or coordinate
regulatory or law enforcement activities
with the SEC.
3. To national securities exchanges
and national securities associations that
are registered with the SEC, the
Municipal Securities Rulemaking Board;
the Securities Investor Protection
Corporation; the Public Company
Accounting Oversight Board; the
Federal banking authorities, including,
but not limited to, the Board of
Governors of the Federal Reserve
System, the Comptroller of the
Currency, and the Federal Deposit
Insurance Corporation; state securities
regulatory agencies or organizations; or
regulatory authorities of a foreign
government in connection with their
regulatory or enforcement
responsibilities.
4. By SEC personnel for purposes of
investigating possible violations of, or to
conduct investigations authorized by,
the Federal securities laws.
5. In any proceeding where the
Federal securities laws are in issue or in
which the Commission, or past or
present members of its staff, is a party
or otherwise involved in an official
capacity.
6. In connections with proceedings by
the Commission pursuant to Rule 102(e)
of its Rules of Practice, 17 CFR
201.102(e).
7. To a bar association, state
accountancy board, or other Federal,
state, local, or foreign licensing or
oversight authority; or professional
association or self-regulatory authority
to the extent that it performs similar
functions (including the Public
Company Accounting Oversight Board)
for investigations or possible
disciplinary action.
8. To a Federal, state, local, tribal,
foreign, or international agency, if
necessary to obtain information relevant
to the SEC’s decision concerning the
hiring or retention of an employee; the
issuance of a security clearance; the
letting of a contract; or the issuance of
a license, grant, or other benefit.
9. To a Federal, state, local, tribal,
foreign, or international agency in
response to its request for information
concerning the hiring or retention of an

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Sfmt 4703

6899

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.
10. To produce summary descriptive
statistics and analytical studies, as a
data source for management
information, in support of the function
for which the records are collected and
maintained or for related personnel
management functions or manpower
studies; may also be used to respond to
general requests for statistical
information (without personal
identification of individuals) under the
Freedom of Information Act.
11. To any trustee, receiver, master,
special counsel, or other individual or
entity that is appointed by a court of
competent jurisdiction, or as a result of
an agreement between the parties in
connection with litigation or
administrative proceedings involving
allegations of violations of the Federal
securities laws (as defined in section
3(a)(47) of the Securities Exchange Act
of 1934, 15 U.S.C. 78c(a)(47)) or
pursuant to the Commission’s Rules of
Practice, 17 CFR 201.100–900 or the
Commission’s Rules of Fair Fund and
Disgorgement Plans, 17 CFR 201.1100–
1106, or otherwise, where such trustee,
receiver, master, special counsel, or
other individual or entity is specifically
designated to perform particular
functions with respect to, or as a result
of, the pending action or proceeding or
in connection with the administration
and enforcement by the Commission of
the Federal securities laws or the
Commission’s Rules of Practice or the
Rules of Fair Fund and Disgorgement
Plans.
12. To any persons during the course
of any inquiry, examination, or
investigation conducted by the SEC’s
staff, or in connection with civil
litigation, if the staff has reason to
believe that the person to whom the
record is disclosed may have further
information about the matters related
therein, and those matters appeared to
be relevant at the time to the subject
matter of the inquiry.
13. To interns, grantees, experts,
contractors, and others who have been
engaged by the Commission to assist in
the performance of a service related to
this system of records and who need
access to the records for the purpose of
assisting the Commission in the efficient
administration of its programs,
including by performing clerical,
stenographic, or data analysis functions,

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sradovich on DSK3GMQ082PROD with NOTICES

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Federal Register / Vol. 83, No. 32 / Thursday, February 15, 2018 / Notices

or by reproduction of records by
electronic or other means. Recipients of
these records shall be required to
comply with the requirements of the
Privacy Act of 1974, as amended, 5
U.S.C. 552a.
14. In reports published by the
Commission pursuant to authority
granted in the Federal securities laws
(as such term is defined in section
3(a)(47) of the Securities Exchange Act
of 1934, 15 U.S.C. 78c(a)(47)), which
authority shall include, but not be
limited to, section 21(a) of the Securities
Exchange Act of 1934, 15 U.S.C. 78u(a).
15. To members of advisory
committees that are created by the
Commission or by Congress to render
advice and recommendations to the
Commission or to Congress, to be used
solely in connection with their official
designated functions.
16. To any person who is or has
agreed to be subject to the Commission’s
Rules of Conduct, 17 CFR 200.735–1 to
200.735–18, and who assists in the
investigation by the Commission of
possible violations of the Federal
securities laws (as such term is defined
in section 3(a)(47) of the Securities
Exchange Act of 1934, 15 U.S.C.
78c(a)(47)), in the preparation or
conduct of enforcement actions brought
by the Commission for such violations,
or otherwise in connection with the
Commission’s enforcement or regulatory
functions under the Federal securities
laws.
17. To a Congressional office from the
record of an individual in response to
an inquiry from the Congressional office
made at the request of that individual.
18. To members of Congress, the
press, and the public in response to
inquiries relating to particular
Registrants and their activities, and
other matters under the Commission’s
jurisdiction.
19. To prepare and publish
information relating to violations of the
Federal securities laws as provided in
15 U.S.C. 78c(a)(47), as amended.
20. To respond to subpoenas in any
litigation or other proceeding.
21. To a trustee in bankruptcy.
22. To members of Congress, the
General Accountability Office, or others
charged with monitoring the work of the
Commission or conducting records
management inspections.
23. To any governmental agency,
governmental or private collection
agent, consumer reporting agency or
commercial reporting agency,
governmental or private employer of a
debtor, or any other person, for
collection, including collection by
administrative offset, Federal salary
offset, tax refund offset, or

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administrative wage garnishment, of
amounts owed as a result of
Commission civil or administrative
proceedings.
24. To another Federal agency or
Federal entity, when the SEC
determines that information from this
system of records is reasonably
necessary to assist the recipient agency
or entity in (1) responding to a
suspected or confirmed breach or (2)
preventing, minimizing, or remedying
the risk of harm to individuals, the
recipient agency or entity (including its
information systems, programs, and
operations), the Federal Government, or
national security, resulting from a
suspected or confirmed breach.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:

Records are maintained in electronic
and paper format. Electronic records are
stored in computerized databases,
magnetic disc, tape and/or digital
media. Paper records and records on
computer disc are stored in locked file
rooms and/or file cabinets.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:

Information is indexed by name of the
Regulated Entity or by certain SEC
identification numbers. Information
regarding individuals may be obtained
through the use of cross-reference
methodology or some form of personal
identifier. Access for inquiry purposes
is via a computer terminal.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:

These records are retained for various
lengths of time in accordance with the
National Archives and Records
Administration records schedules. The
records will be maintained until they
become inactive, at which time they
will be retired or destroyed in
accordance with the SEC’s records
retention schedule, as approved by the
National Archives and Records
Administration.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:

Access to SEC facilities, data centers,
and information or information systems
is limited to authorized personnel with
official duties requiring access. SEC
facilities are equipped with security
cameras and 24-hour security guard
service. The records are kept in limited
access areas during duty hours and in
locked file cabinets and/or locked
offices or file rooms at all other times.
Computerized records are safeguarded
in a secured environment. Security
protocols meet the promulgating
guidance as established by the National

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Institute of Standards and Technology
(NIST) Security Standards from Access
Control to Data Encryption and Security
Assessment & Authorization (SA&A).
Records are maintained in a secure,
password-protected electronic system
that will utilize commensurate
safeguards that may include: Firewalls,
intrusion detection and prevention
systems, and role-based access controls.
Additional safeguards will vary by
program. All records are protected from
unauthorized access through
appropriate administrative, operational,
and technical safeguards. These
safeguards include: Restricting access to
authorized personnel who have a ‘‘need
to know’’; using locks; and password
protection identification features.
Contractors and other recipients
providing services to the Commission
shall be required to maintain equivalent
safeguards.
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 FOIA/PA
Officer, Securities and Exchange
Commission, 100 F Street NE, Mail Stop
5100, Washington, DC 20549–2736.
CONTESTING RECORD PROCEDURES:

See Record Access Procedures above.
NOTIFICATION PROCEDURES:

All requests to determine whether this
system of records contains a record
pertaining to the requesting individual
may be directed to the FOIA/PA Officer,
Securities and Exchange Commission,
100 F Street NE, Mail Stop 5100,
Washington, DC 20549–2736.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:

None.
HISTORY:

New SORN.
SYSTEM NAME AND NUMBER

SEC–31: Office of the General Counsel
Working Files.
SECURITY CLASSIFICATION:

Unclassified.
SYSTEM LOCATION:

Securities and Exchange Commission,
100 F Street NE, Washington, DC 20549.
SYSTEM MANAGER(S):

General Counsel, Securities and
Exchange Commission, 100 F Street NE,
Washington, DC 20549.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Section 13(b) of the Securities Act of
1933, 15 U.S.C. 77s; rules, regulations,

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and orders, 15 U.S.C. 77sss;
Appointment and Compensation of Staff
and Leasing Authority, 15 U.S.C. 78d
(b); rules, regulations, and orders;
annual reports, 15 U.S.C. 78w;
Investment Company Act, rules,
regulations, and orders, 15 U.S.C. 80a–
37; and Investment Advisers, rules,
regulations, and orders of Commission,
15 U.S.C. 80b–11.
PURPOSE(S) OF THE SYSTEM:

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1. To allow staff to render legal advice
and provide legal assistance with
respect to SEC investigations, actions,
and agency operations.
2. To represent the SEC in judicial
and administrative proceedings in
which the SEC or its personnel are
involved as a party, non-party witness,
or as amicus curiae.
3. To manage, track, and report on
matters and caseloads handled by staff,
and keep the staff informed as to
litigation and legal matters which may
be of interest to the SEC.
4. To respond to communications
made to the SEC and to investigate and
make recommendations regarding
complaints of misconduct by SEC
employees.
5. To conduct investigations, bring
proceedings, and render legal advice
regarding the suspension or
reinstatement of an attorney, accountant
or other professional with respect to
appearing or practicing before the SEC.
6. To prepare comments on pending
legislation or rulemaking and to draft
proposed legislation or rules.
7. To review articles, treatises, and
speeches by Commission personnel
relating to the Commission or to statutes
and rules administered by the
Commission.
8. To interpret, provide legal
guidance, and address legal issues
arising under the various Federal
statutes and other authorities relevant to
the SEC’s mission.
9. To draft orders and opinions and
render legal advice regarding appeals in
administrative proceedings or appeals
from actions by self-regulatory
organizations or the PCAOB.
10. To provide legal advice,
assistance, and/or representation in any
other SEC matter where such effort is
needed.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Individuals covered by the system
include persons involved with or
related to cases or matters worked on by
the Office of the General Counsel (OGC).
Records are maintained on persons
being investigated by the SEC, including
investigations of attorneys for possible

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suspension or disbarment from
appearing and practicing before the SEC
and attorneys applying to be reinstated
to appear and practice before the SEC.
Records are also maintained on persons
involved in litigation with the SEC or
litigation of interest to the SEC; persons
involved in acquisitions and leases with
the SEC; persons involved in
administrative proceedings; persons
involved in appeals from actions by selfregulatory organizations or the Public
Company Accounting Oversight Board
(PCAOB); persons communicating with
the SEC; FOIA/Privacy Act requestors;
individuals whose conduct or
performance raises concerns;
individuals who have filed EEO
complaints; individuals named in or
involved in litigation in which a thirdparty subpoena is served; Commission
personnel seeking review of articles,
speeches, or treatises; and SEC
personnel against whom complaints
have been lodged. Records are also
maintained on SEC users of electronic
databases maintained by OGC.
CATEGORIES OF RECORDS IN THE SYSTEM:

The categories of records found in this
system include: Court pleadings,
documents and orders filed in civil,
administrative, or criminal proceedings,
or appeals from actions by selfregulatory organizations or the PCAOB;
correspondence detailing requests,
complaints, and other topics of interest
to the author; investigative material
regarding allegations of possible staff
misconduct; information relevant to
SEC investigations; and other
memoranda and materials gathered and
prepared by staff in performance of their
duties. The specific data elements found
in these records may include names,
social security numbers, mailing
addresses, email addresses, employment
histories, employee evaluations,
disciplinary actions, case-related
communications and notes, and audit
logs of user access and activities within
electronic databases maintained by
OGC.
RECORD SOURCE CATEGORIES:

Records sources include documents
related to court pleadings, proceedings
and appeals; information obtained
through correspondence, via letters,
telephone calls, emails or any other
form of communication; data obtained
from investigative material and any
relevant information to SEC
investigations; materials and
information gathered by staff in the
performance of their duties; records
gathered during the acquisition process;
electronic databases maintained by
OGC; other SEC files; and from

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individuals, including where
practicable, those to whom the records
relate.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:

In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, these records
or information contained therein may
specifically be disclosed outside the
Commission as a routine use as follows:
1. To appropriate agencies, entities,
and persons when (1) the SEC suspects
or has confirmed that there has been a
breach of the system of records, (2) The
SEC has determined that as a result of
the suspected or confirmed breach there
is a risk of harm to individuals, the SEC
(including its information systems,
programs, and operations), the Federal
Government, or national security; and
(3) the disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with the SEC’s efforts to
respond to the suspected or confirmed
breach or to prevent, minimize, or
remedy such harm.
2. To other Federal, state, local or
foreign law enforcement agencies;
securities self-regulatory organizations;
and foreign financial regulatory
authorities to assist in or coordinate
regulatory or law enforcement activities
with the SEC.
3. By SEC personnel for purposes of
investigating possible violations of, or to
conduct investigations authorized by,
the Federal securities laws.
4. To national securities exchanges
and national securities associations that
are registered with the SEC; the
Municipal Securities Rulemaking Board;
the Securities Investor Protection
Corporation; the Public Company
Accounting Oversight Board; the
Federal banking authorities, including,
but not limited to, the Board of
Governors of the Federal Reserve
System, the Comptroller of the
Currency, and the Federal Deposit
Insurance Corporation; state securities
regulatory agencies or organizations; or
regulatory authorities of a foreign
government in connection with their
regulatory or enforcement
responsibilities.
5. In connection with any proceeding
where the Federal securities laws are in
issue or in which the Commission or
past or present members of its staff is a
party or otherwise involved in an
official capacity.
6. In connection with proceedings by
the Commission pursuant to Rule 102(e)
of its Rules of Practice, 17 CFR
201.102(e).

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7. To a bar association, state
accountancy board, or other Federal,
state, local, or foreign licensing or
oversight authority; or a professional
association or self-regulatory authority
to the extent that it performs similar
functions (including the Public
Company Accounting Oversight Board)
for investigations or possible
disciplinary action.
8. To a Federal, state, local, tribal, or
international agency, if necessary to
obtain information relevant to the SEC’s
decision concerning the hiring or
retention of an employee; the issuance
of a securities clearance; the letting of a
contract; or the issuance of a license,
grant, or other benefit.
9. To a Federal, state, local tribal,
foreign, or international agency in
response to its request for information
concerning 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.
10. To produce summary descriptive
statistics and analytical studies, as a
data source for management
information, in support of the function
for which the records are collected and
maintained or for related personnel
management functions or manpower
studies; may also be used to respond to
general requests for statistical
information (without personal
identification of individuals) under the
Freedom of Information Act.
11. To any trustee, receiver, master,
special counsel, or other individual or
entity that is appointed by a court of
competent jurisdiction, or as a result of
an agreement between the parties in
connection with litigation or
administrative proceedings involving
allegations of violations of the Federal
securities laws (as defined in section
3(a)(47) of the Securities Exchange Act
of 1934, 15 U.S.C. 78c(a)(47)) or
pursuant to the Commission’s Rules of
Practice, 17 CFR 201.100–900, or the
Commission’s Rules of Fair Fund and
Disgorgement Plans, 17 CFR 201.1100–
1106, or otherwise, where such trustee,
receiver, master, special counsel, or
other individual or entity is specifically
designated to perform particular
functions with respect to, or as a result
of, the pending action or proceeding or
in connection with the administration
and enforcement by the Commission of
the Federal securities law or the
Commission’s Rules of Practice or the

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Rules of Fair Fund and Disgorgement
Plans.
12. To a trustee in bankruptcy.
13. To any persons during the course
of any inquiry, examination, or
investigation conducted by the SEC’s
staff, or in connection with civil
litigation or administrative proceedings,
if the staff has reason to believe that the
person to whom the record is disclosed
may have further information about the
matters related therein, and those
matters appear to be relevant to the
subject matter of the inquiry.
14. To interns, grantees, experts,
contractors, and others who have been
engaged by the Commission to assist in
the performance of a service related to
this system of records and who need
access to the records for the purpose of
assisting the Commission in the efficient
administration of its programs,
including by performing clerical,
stenographic, or data analysis functions,
or by reproduction of records by
electronic or other means. Recipients of
these records shall be required to
comply with the requirements of the
Privacy Act of 1974, as amended, 5
U.S.C. 552a.
15. In reports published by the
Commission pursuant to authority
granted in the Federal securities laws
(as such term is defined in section
3(a)(47) of the Securities Exchange Act
of 1934, 15 U.S.C. 78c(a)(47)), which
authority shall include, but not be
limited to, section 21(a) of the Securities
Exchange Act of 1934, 15 U.S.C. 78u(a).
16. To members of advisory
committees that are created by the
Commission or by Congress to render
advice and recommendations to the
Commission or to Congress, to be used
solely in connection with their official
designated functions.
17. To any person who is or has
agreed to be subject to the Commission’s
Rules of Conduct regarding nondisclosure, particularly 17 CFR
200.735–3(b)(2), or has otherwise agreed
to comply with provisions restricting
the disclosure of SEC nonpublic
information.
18. To a Congressional office from the
record of an individual in response to
an inquiry from the Congressional office
made at the request of that individual.
19. To members of Congress, the
press, and the public in response to
inquiries relating to particular
Registrants and their activities, and
other matters under the Commission’s
jurisdiction.
20. To prepare and publish
information related to violations of the
Federal securities laws as provided in
15 U.S.C. 78c(a)(47), as amended.

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21. To respond to subpoenas in any
litigation or other proceeding.
22. To members of Congress, the
Government Accountability Office, or
others charged with monitoring the
work of the Commission or conducting
records management inspections.
23. To any governmental agency,
governmental or private collection
agent, consumer reporting agency or
commercial reporting agency,
governmental or private employer of a
debtor, or any other person, for
collection, including collection by
administrative offset, Federal salary
offset, tax refund offset, or
administrative wage garnishment, of
amounts owed as a result of
Commission civil or administrative
proceedings.
24. To another Federal agency or
Federal entity, when the SEC
determines that information from this
system of records is reasonably
necessary to assist the recipient agency
or entity in (1) responding to a
suspected or confirmed breach or (2)
preventing, minimizing, or remedying
the risk of harm to individuals, the
recipient agency or entity (including its
information systems, programs, and
operations), the Federal Government, or
national security, resulting from a
suspected or confirmed breach.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:

Records are maintained in electronic
and paper format. Electronic records are
stored in computerized databases and/or
electronic storage devices. Paper records
and records on electronic storage
devices may be stored in locked file
rooms and/or file cabinets and/or
secured buildings.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:

Some hard copy records may be
accessed by relevant name, subject,
date, and/or internal file numbers,
although there is not necessarily a
method by which the name of a
particular individual can be accessed.
For electrically stored information, it is
often, but not always, possible to search
by relevant name, subject, date, mailing
address, email address, internal file
number, external case number, security
number, record type, matter type, or
other relevant case attribute.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:

These records are retained for various
lengths of time in accordance with the
National Archives and Records
Administration records schedules. The
records will be maintained until they
become inactive, at which time they

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will be retired or destroyed in
accordance with the SEC’s records
retention schedule, as approved by the
National Archives and Records
Administration.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:

Access to SEC facilities, data centers,
and information or information systems
is limited to authorized personnel with
official duties requiring access. SEC
facilities are equipped with security
cameras and 24-hour security guard
service. The physical records may be
kept in limited access areas during duty
hours and in locked file cabinets and/
or locked offices or file rooms at all
other times. Computerized records are
safeguarded in a secured environment.
Security protocols meet the
promulgated guidance as established by
the National Institute of Standards and
Technology (NIST) Security Standards,
including Access Control, Data
Encryption, and Security Assessment &
Authorization (SA&A). Computerized
records are maintained in a secure,
password-protected electronic system
that will utilize commensurate
safeguards that may include: Firewalls,
intrusion detection and prevention
systems, audit logs, and role-based
access controls. Additional safeguards
will vary by program. All computerized
records are protected from unauthorized
access through appropriate
administrative, operational, and
technical safeguards. These safeguards
include: Restricting access to authorized
personnel who have a ‘‘need to know’’;
using locks; and password protection
identification features. Contractors and
other recipients providing services to
the Commission shall be required to
maintain equivalent safeguards.
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 FOIA/PA
Officer, Securities and Exchange
Commission, 100 F Street, NE, Mail
Stop 5100, Washington, DC 20549–
2736.
CONTESTING RECORD PROCEDURES:

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See Record Access Procedures above.
NOTIFICATION PROCEDURES:

All requests to determine whether this
system of records contains a record
pertaining to the requesting individual
may be directed to the FOIA/PA Officer,
Securities and Exchange Commission,
100 F Street NE, Mail Stop 5100,
Washington, DC 20549–2736.

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EXEMPTIONS PROMULGATED FOR THE SYSTEM:

Under 5 U.S.C. 552a(k)(2), this system
of records is exempted from the
following provisions of the Privacy Act,
5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G),
(H), and (I), and (f) and 17 CFR 200.303,
200.304, and 200.306, insofar as it
contains investigatory materials
compiled for law enforcement purposes.
This exemption is contained in 17 CFR
200.312(a)(5).
HISTORY:

This SORN was last published in full
in the Federal Register at 40 FR 39253
(August 27, 1975). Subsequent notices
of revision can be found at the following
citations:
—42 FR 36333 (July 14, 1977)
—46 FR 63439 (December 31, 1981)
—56 FR 24103 (May 29, 1991)
—59 FR 27626 (May 27, 1994)
—62 FR 47884 (September 11, 1997)
SYSTEM NAME AND NUMBER

SEC–39: Personnel Management
Employment and Staffing/Training
Files.
SECURITY CLASSIFICATION:

Unclassified.
SYSTEM LOCATION:

Securities and Exchange Commission,
100 F Street NE, Washington, DC 20549.
SYSTEM MANAGER(S):

Assistant Director, Office of Human
Resources, Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 U.S. Code § 3101, General authority
to employ; 5 U.S. Code § 3109,
Employment of experts and consultants;
temporary or intermittent; Executive
Orders 9397, as amended by 13478,
9830, and 12107; and Civil Service
Regulations promulgated thereunder.
PURPOSE(S) OF THE SYSTEM:

1. Records in category (a) below are
used by SEC staff to make referrals to
supervisors or administrative assistants
in offices with vacancies for which
applicants may be considered. Offices
may retain copies of applications/
resumes and evaluations of candidates
they interview whom they feel may be
contenders for employment offers later
in the year.
2. SEC staff uses records in category
(b) below for (i) retention of official
personnel documents; (ii) verification of
employment; (iii) determination of
qualifications for jobs and eligibility for
training; and (iv) processing of
personnel actions.
3. SEC staff uses records in category
(c) below for (i) computation of

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personnel strength of divisions/offices;
(ii) verification of employment for credit
checks or job applications; and (iii)
recording of personnel actions
processed.
4. SEC staff uses records in category
(d) below to maintain records required
by the Office of Human Resources of
competitive promotion actions,
including (i) records to determine how
an announcement for a particular job
reads; (ii) records for statistical reports;
and (iii) records for program
effectiveness studies (to send
questionnaires to supervisors who made
selections under the program, for
example). Supervisory appraisals are
scored and used in determining
employee’s overall standing among all
applicants for the job; they are sent to
selecting supervisors for review if the
employee is certified for consideration
(interview).
5. SEC staff uses records in category
(e) below to identify Office of Human
Resources control numbers for Schedule
C positions and to aid in preparing new
submissions.
6. SEC staff uses records in category
(f) below for statistical reports.
7. SEC staff forwards records in
category (g) below to the Office of
Human Resources at the end of each
month if the applicant is not hired; if
applicant is hired, records are retained
for one year and then destroyed.
8. SEC staff uses records in category
(h) below to monitor personnel actions
concerning their staffs (i.e., date of
employee’s last promotion, employee’s
position description number, etc.) and
to record date personnel action requests
and reports were forwarded to the Office
of Personnel.
9. SEC Regional Offices use records in
category (i) below as a reference in
preparing personnel actions requests on
employees, determining employee
eligibility for training or career
development counseling and for backup data in preparing award
nominations, etc.
10. The records may also be used in
connection with organizational
directories or similar records for
internal management purposes.
11. The information allows employees
to track their training history, register
for classes, access a catalog of courses,
and review their training schedule.
Also, the system is used by the Office
of Human Resources (OHR) for
statistical reporting 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.

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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Records are maintained on applicants
for SEC employment and present and
past employees.
CATEGORIES OF RECORDS IN THE SYSTEM:

The system of records includes the
following category of records:
a. Applicant files (Resumes, attorney
supplements to applications, applicant
correspondence and evaluations, official
position description, and summer
employment files);
b. Official personnel folders (Office of
Administrative and Personnel
Management Files);
c. Training files (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.);
d. Merit promotion posting files,
including supervisory appraisals for
jobs advertised under SEC Merit
Promotion Program;
e. Request to Office of Human
Resources for Schedule C personnel
actions;
f. Chronological copies of personnel
actions (Standard Forms 50); and
g. Regional Office employee files,
including copies of applications and
notifications of personnel action
(Standard Forms 50) on the employee
concerned.

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RECORD SOURCE CATEGORIES:

Records in category (a) are obtained
from applicant concerned and
interviewer evaluating the applicant.
Records in category (b) are obtained
from employee and supervisors
concerned. Records in category (c) are
obtained from official personnel folder
of the employee concerned. Records in
category (d) are obtained from
employees applying for job and their
supervisors. Records in category (e) are
obtained from employees and
supervisors concerned. Records in
category (f) are obtained from employees
and supervisors concerned. Records in
category (g) are obtained from applicant.
Records in category (h) are obtained
from official personnel actions,
employees and supervisors concerned.
Records in category (i) are obtained from
official personnel actions, employees
and supervisors concerned.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:

In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, these records
or information contained therein may

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specifically be disclosed outside the
Commission as a routine use to 5 U.S.C.
552 a(b)(3) as follows:
1. To appropriate agencies, entities,
and persons when (1) the SEC suspects
or has confirmed that there has been a
breach of the system of records, (2) the
SEC has determined that as a result of
the suspected or confirmed breach there
is a risk of harm to individuals, the SEC
(including its information systems,
programs, and operations), the Federal
Government, or national security; and
(3) the disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with the SEC’s efforts to
respond to the suspected or confirmed
breach or to prevent, minimize, or
remedy such harm.
2. In any proceeding where the
Federal securities law are in issue or in
which the Commission, or past or
present members of its staff, is a party
or otherwise involved in an official
capacity.
3. To a Federal, state, local, tribal,
foreign, or international agency, if
necessary to obtain information relevant
to the SEC’s decision concerning the
hiring or retention of an employee; the
issuance of a security clearance; the
letting of a contract; or the issuance of
a license, grant, or other benefit.
4. To produce summary descriptive
statistics and analytical studies, as a
data source for management
information, in support of the function
for which the records are collected and
maintained or for related personnel
management functions or manpower
studies; may also be used to respond to
general requests for statistical
information (without personal
identification of individuals) under the
Freedom of Information Act.
5. To interns, grantees, experts,
contractors, and others who have been
engaged by the Commission to assist in
the performance of a service related to
this system of records and who need
access to the records for the purpose of
assisting the Commission in the efficient
administration of its programs,
including by performing clerical,
stenographic, or data analysis functions,
or by reproduction of records by
electronic or other means. Recipients of
these records shall be required to
comply with the requirements of the
Privacy Act of 1974, as amended, 5
U.S.C. 552a.
6. To a Congressional office from the
record of an individual in response to
an inquiry from the Congressional office
made at the request of that individual.
7. To members of Congress, the
General Accountability Office, or others
charged with monitoring the work of the

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Commission or conducting records
management inspections.
8. In connection with any court
litigation or administrative action to
review personnel action taken by the
Commission or the failure by the
Commission to take action.
9. To aid in responding to inquiries
from an employee, Member of Congress,
the press or others concerning personnel
action taken with respect to a specified
employee or employees.
10. To the Office of Management and
Budget in connection with the review of
private relief legislation as set forth in
OMB Circular A–19 at any stage of the
legislative coordination and clearance
process as set forth in that circular.
11. To a commercial contractor in
connection with benefit programs
administered by the contractor on the
Commission’s behalf, including, but not
limited to, supplemental health, dental,
disability, life and other benefit
programs.
12. To another Federal agency or
Federal entity, when the SEC
determines that information from this
system of records is reasonably
necessary to assist the recipient agency
or entity in (1) responding to a
suspected or confirmed breach or (2)
preventing, minimizing, or remedying
the risk of harm to individuals, the
recipient agency or entity (including its
information systems, programs, and
operations), the Federal Government, or
national security, resulting from a
suspected or confirmed breach.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:

Records are maintained in electronic
and paper format. Electronic records are
stored in computerized databases,
magnetic disc, tape and/or digital
media. Paper records and records on
computer disc are stored in locked file
rooms and/or file cabinets.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:

Records are indexed by name.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:

These records are retained for various
lengths of time in accordance with the
National Archives and Records
Administration records schedules. The
records will be maintained until they
become inactive, at which time they
will be retired or destroyed in
accordance with the SEC’s records
retention schedule, as approved by the
National Archives and Records
Administration.

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Federal Register / Vol. 83, No. 32 / Thursday, February 15, 2018 / Notices
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:

Access to SEC facilities, data centers,
and information or information systems
is limited to authorized personnel with
official duties requiring access. SEC
facilities are equipped with security
cameras and 24 hour security guard
service. The records are kept in limited
access areas during duty hours and in
locked file cabinets and/or locked
offices or file rooms at all other times.
Computerized records are safeguarded
in a secured, encrypted environment.
Security protocols meet the
promulgating guidance as established by
the National Institute of Standards and
Technology (NIST) Security Standards
from Access Control to Data Encryption
and Security Assessment &
Authorization (SA&A). Records will be
maintained in a secure, passwordprotected electronic system that will
utilize commensurate safeguards that
may include: Firewalls, intrusion
detection and prevention systems, and
role-based access controls. Additional
safeguards will vary by program. All
records are protected from unauthorized
access through appropriate
administrative, operational, and
technical safeguards. These safeguards
include: Restricting access to authorized
personnel who have a ‘‘need to know’’;
using locks; and password protection
identification features. Contractors and
other recipients providing services to
the Commission shall be required to
maintain equivalent safeguards.
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 FOIA/PA
Officer, Securities and Exchange
Commission, 100 F Street NE, Mail Stop
5100, Washington, DC 20549–2736.
CONTESTING RECORD PROCEDURES:

See Record Access Procedures above.
NOTIFICATION PROCEDURES:

sradovich on DSK3GMQ082PROD with NOTICES

All requests to determine whether this
system of records contains a record
pertaining to the requesting individual
may be directed to the FOIA/PA Officer,
Securities and Exchange Commission,
100 F Street NE, Mail Stop 5100,
Washington, DC 20549–2736.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:

None.
HISTORY:

This SORN was last published in full
in the Federal Register at 40 FR 39253
(August 27, 1975). Subsequent notices
of revision can be found at the following
citations:

VerDate Sep<11>2014

19:01 Feb 14, 2018

Jkt 244001

—41 FR 5318 (February 5, 1976)
—41 FR 11631 (March 19, 1976)
—41 FR 41591 (September 22, 1976)
—42 FR 36333 (July 14, 1977)
—46 FR 63439 (December 31, 1981)
—50 FR 37750 (September 17, 1985)
—62 FR 47884 (September 11, 1997)
—72 FR 2036 (January 17, 2007)
By the Commission.
Dated: February 9, 2018.
Brent J. Fields,
Secretary.
[FR Doc. 2018–03100 Filed 2–14–18; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[Release No. PA–54; File No. S7–02–18]

Privacy Act of 1974; System of
Records
Securities and Exchange
Commission.
ACTION: Rescindment of system of
records notice.
AGENCY:

Pursuant to the Privacy Act of
1974 and Office of Management and
Budget (OMB) Circular No. A–108, the
Securities and Exchange Commission
(Commission or SEC) purposes to
rescind 33 existing systems of records.
The Notice of Rescindment identifies
the system of records, explains why the
SORN is being rescinded, and provides
an account of what will happen to the
records previously maintained in the
system.

SUMMARY:

The rescindments will become
effective on March 27, 2018.
ADDRESSES: Comments may be
submitted by any of the following
methods:
DATES:

Electronic Comments
• Use the Commission’s internet
comment form (http://www.sec.gov/
rules/other.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number S7–
02–18 on the subject line.
Paper Comments
Send paper comments in triplicate to
Brent J. Fields, Secretary, U.S. Securities
and Exchange Commission, 100 F Street
NE, Washington, DC 20549–1090. All
submissions should refer to S7–02–18.
This file number should be included on
the subject line if email is used. To help
process and review your comments
more efficiently, please use only one
method. The Commission will post all
comments on the Commission’s internet
website (http://www.sec.gov/rules/
other.shtml). Comments are also

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6905

available for website viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE,
Washington, DC 20549, on official
business days between the hours of 10
a.m. and 3 p.m. All comments received
will be posted without change; we do
not edit personal identifying
information from submissions. You
should submit only information that
you wish to make available publicly.
FOR FURTHER INFORMATION CONTACT:
Ronnette McDaniel, Privacy and
Information Assurance Branch Chief,
202–551–8378 or privacyhelp@sec.gov.
SUPPLEMENTARY INFORMATION: Thirtythree systems were identified for
rescindment from the SEC’s Privacy Act
systems of records inventory. SORNs
were identified for rescindment for one
of four reasons: The records (1) are not
Privacy Act records; (2) will be
maintained as part of a new or modified
system of records; (3) are duplicative,
and covered by another SEC system of
records; or (4) are obsolete and no
longer maintained by the SEC. A
description of each rescindment
justification, the applicable SORNs, and
an account of what happened to the
records is as follows:
1. Not a Privacy Act System of Records
Mere maintenance of personal
information about an individual is not
enough to create a Privacy Act system
of records. To satisfy the elements of a
system of records, there must be (1) a
group of records; (2) under the control
of a government agency; and (3) those
records must be retrieved by a name or
other personal identifier. When one
condition is no longer met, the
collection ceases to qualify as a system
of records. Accordingly, the following
SORNs were identified for rescindment
as they no longer qualify as a Privacy
Act system of records.
1. SEC–12: Hearings, Proceedings and
Studies. These records are no longer
retrieved by a personal identifier.
Records are now retrieved using a date
or the name of an event.
2. SEC–13: No-action and
Interpretative Letters. These records are
no longer retrieved by a personal
identifier. Records are now retrieved by
company name and law firm name.
3. SEC–21: Division of Investment
Management Correspondence and
Memoranda Files. These records are no
longer retrieved by a personal identifier.
Records are now retrieved by date, title,
or company name.
4. SEC–27: Name-Relationship Search
Index (NRSI). Under the Privacy Act, a
record is defined as ‘‘any item,
collection, or grouping of information

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