Privacy Act of 1974: System of Records: Office of Inspector General Investigative Files (SEC-43), 31230-31232 [E6-8472]

Download as PDF 31230 Federal Register / Vol. 71, No. 105 / Thursday, June 1, 2006 / Notices for the Securities and Exchange Commission, Office of Information and Regulatory Affairs, Office of Management and Budget, Room 10102, New Executive Office Building, Washington, DC 20503, or e-mail to: David_Rostker@omb.eop.gov; and (ii) R. Corey Booth, Director/Chief Information Officer, Securities and Exchange Commission, C/O Shirley Martinson, 6432 General Green Way, Alexandria, Virginia 22312 or send an e-mail to: PRA_Mailbox@sec.gov. Comments must be submitted to OMB within 30 days of this notice. Dated: May 22, 2006. Jill M. Peterson, Assistant Secretary. [FR Doc. E6–8494 Filed 5–31–06; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION Collection; Comment Request Upon Written Request, Copies Available From: Securities and Exchange Commission, Office of Filings and Information Services, Washington, DC 20549. wwhite on PROD1PC61 with NOTICES Extension: Rule 202(a)(11)–1; SEC File No. 270–471; OMB Control No. 3235–0532. Notice is hereby given that pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) the Securities and Exchange Commission (the ‘‘Commission’’) is soliciting comments on the collection of information summarized below. The Commission plans to submit this existing collection of information to the Office of Management and Budget (‘‘OMB’’) for extension and approval. The title for the collection of information is ‘‘Certain Broker-Dealers Deemed Not To Be Investment Advisers.’’ Rule 202(a)(11)–1 (17 CFR 275.202(a)(11)–1) under the Investment Advisers Act of 1940 (15 U.S.C. 80b–1 et seq.) (‘‘Advisers Act’’) addresses the application of the Advisers Act to broker-dealers offering accounts charging an asset-based fee. The rule is intended to clarify when brokers offering these programs are subject to the provisions of the Advisers Act. The rule requires that all advertisements for brokerage accounts charging an assetbased fee and all agreements and contracts governing the operation of those accounts contain a certain prominent statement that the accounts are brokerage accounts and not advisory accounts. This collection of information is necessary so that customers are not confused with respect to the services VerDate Aug<31>2005 19:10 May 31, 2006 Jkt 208001 that they are receiving, i.e., to prevent customers and prospective customers from mistakenly believing that the account is an advisory account subject to the Advisers Act. The collection assists customers in making informed decisions regarding whether to establish accounts. The respondents to this collection of information are all broker-dealers that are registered with the Commission. The Commission has estimated that the average annual burden for ensuring compliance with the disclosure element of the rule is 5 minutes per brokerdealer taking advantage of the rule. If all of the approximately 6,158 brokerdealers registered with the Commission took advantage of the rule, the total estimated annual burden would be 511 hours (.083 hours × 6,158 brokers). Written comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency’s estimate of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information 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 R. Corey Booth, Director/Chief Information Officer, Securities and Exchange Commission, C/O Shirley Martinson, 6432 General Green Way, Alexandria, Virginia 22312, or send an e-mail to: PRA_Mailbox@sec.gov. Dated: May 24, 2006. Jill M. Peterson, Assistant Secretary. [FR Doc. E6–8495 Filed 5–31–06; 8:45 am] BILLING CODE 8010–01–P Sunshine Act Meeting Notice Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Public Law 94–409, that the Securities and Exchange Commission will hold the following meeting during the week of June 5, 2006: A Closed Meeting will be held on Tuesday, June 6, 2006 at 2 p.m. Frm 00089 Fmt 4703 Dated: May 30, 2006. Nancy M. Morris, Secretary. [FR Doc. 06–5077 Filed 5–31–06; 3:45 pm] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. PA–36; File No. S7–09–06] Privacy Act of 1974: System of Records: Office of Inspector General Investigative Files (SEC–43) Securities and Exchange Commission. ACTION: Notice of an altered system of records. AGENCY: SECURITIES AND EXCHANGE COMMISSION PO 00000 Commissioners, Counsel to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the Closed Meeting. Certain staff members who have an interest in the matters may also be present. The General Counsel of the Commission, or his designee, has certified that, in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(3), (5), (6), (9)(B), (10) and 17 CFR 200.402(a)(3), (5), (6), (9)(ii), and (10) permit consideration of the scheduled matters at the Closed Meeting. Commissioner Campos, as duty officer, voted to consider the items listed for the closed meetings in closed session. The subject matter of the Closed Meeting scheduled for Tuesday, June 6, 2006 will be: Formal orders of investigation; Institution and settlement of injunctive actions; Institution and settlement of administrative proceedings of an enforcement nature; and Resolution of litigation claims. At times, changes in Commission priorities require alterations in the scheduling of meeting items. For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact: The Office of the Secretary at (202) 551–5400. Sfmt 4703 SUMMARY: In accordance with the requirements of the Privacy Act of 1974, as amended, 5 U.S.C. 552a, the Securities and Exchange Commission proposes to alter a Privacy Act system of records: ‘‘Office of Inspector General Investigative Files (SEC–43)’’, originally published at 55 FR 1744, January 18, 1990. Revisions to this system were last published at 63 FR 11936, March 11, 1998. E:\FR\FM\01JNN1.SGM 01JNN1 Federal Register / Vol. 71, No. 105 / Thursday, June 1, 2006 / Notices The changes will become effective July 11, 2006 unless further notice is given. The Commission will publish a new notice if the effective date is delayed to review comments or if changes are made based on comments received. To be assured of consideration, comments should be received on or before July 3, 2006. ADDRESSES: Comments may be submitted by any of the following methods: DATES: wwhite on PROD1PC61 with NOTICES Electronic Comments • Use the Commission’s Internet comment form (http://www.sec.gov/ rules/other.shtml); or • Send an e-mail to rulecomments@sec.gov. Please include File Number S7–09–06 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549–1090. All submissions should refer to File Number S7–09–06. This file number should be included on the subject line if e-mail is used. To help us process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission’s Internet Web site (http://www.sec.gov/rules/other.shtml). Comments are also available for public inspection and copying in the Commission’s Public Reference Room, 100 F Street, NE., Washington, DC 20549. 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: Barbara A. Stance, Chief Privacy Officer, U.S. Securities and Exchange Commission, Operations Center, 6432 General Green Way, Mail Stop 0–7, Alexandria, VA 22312–2413, (202) 551– 7209. SUPPLEMENTARY INFORMATION: The Commission proposes to alter a system of records, ‘‘Office of Inspector General Investigative Files (SEC–43).’’ As described in the original notice, the system contains investigatory material compiled for law enforcement purposes. This notice changes the system location address and the address of the system manager; clarifies the categories of individuals covered by the system; and expands the categories of records in the system to include incoming complaints and complaint logs, preliminary inquiry files and indexes, and declarations from VerDate Aug<31>2005 19:10 May 31, 2006 Jkt 208001 witnesses. This notice also eliminates or consolidates some routine uses, and adds a routine use to disclose information to the Integrity Committee of the President’s Council on Integrity and Efficiency and the Executive Council on Integrity and Efficiency, another Federal Office of Inspector General, or other Federal law enforcement office in connection with an investigation, inquiry or review conducted pursuant to Executive Order 12993, or at the request of the SEC Inspector General. The Commission has submitted a report of the altered system of records to the Senate Committee on Homeland Security and Governmental Affairs, the House Committee on Government Reform, and the Office of Management and Budget, pursuant to 5 U.S.C. 552a(r) of the Privacy Act of 1974, as amended, and Appendix I to OMB Circular A–130, ‘‘Federal Agency Responsibilities for Maintaining Records About Individuals,’’ as amended on February 20, 1996 (61 FR 6435). Accordingly, the Commission is altering the system of records to read as follows: SEC–43 SYSTEM NAME: Office of Inspector General Investigative Files. SYSTEM LOCATION: Office of Inspector General, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549– 2376. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: This system of records contains records on individuals who are or have been subjects of the Office of Inspector General’s investigations or inquiries relating to programs and operations of the Commission. CATEGORIES OF RECORDS IN THE SYSTEM: Incoming complaints and complaint logs; preliminary inquiry files and indexes; all correspondence relevant to the investigation; all internal staff memoranda; copies of all subpoenas issued during the investigation; affidavits, declarations and statements from witnesses; transcripts of testimony taken in the investigation and accompanying exhibits; documents and records or copies obtained during the investigation; working papers of the staff and other documents and records relating to the investigation; opening reports, investigative plans, progress reports, and closing reports; and investigative peer review files. PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 31231 AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Inspector General Act of 1978, as amended, Pub. L. 95–452, 5 U.S.C. App. PURPOSE(S): The purpose of this system of records is to enable the Commission’s Office of Inspector General to carry out its mandate under the Inspector General Act Amendments of 1988. The system will consist of files and records compiled by the Commission’s Office of Inspector General on Commission employees or other persons who have been part of an investigation for fraud and abuse with respect to the Commission’s programs and operations. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSE OF SUCH USES: Information in the system may be disclosed: (1) Where there is an indication of a violation or a potential violation of law, whether civil, criminal or regulatory in nature, whether arising by general statute or particular program statute, or by regulation, rule or order issued pursuant thereto, to the appropriate agency, whether Federal, foreign, state, or local, or to a securities self-regulatory organization, charged with enforcing or implementing the statute, or rule, regulation or order. (2) To Federal, foreign, state, or local authorities in order to obtain information or records relevant to an Office of Inspector General investigation or inquiry. (3) To Federal, foreign, state, or local governmental authorities in response to their request in connection with the hiring or retention of an employee, disciplinary or other administrative action concerning 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 in the matter. (4) To non-governmental parties where those parties may have information the Office of Inspector General seeks to obtain in connection with an investigation or inquiry. (5) To independent auditors or other private firms or individuals with which the Office of Inspector General has contracted to carry out an independent audit, or to provide support for audits, reviews, investigations or other inquiries. These contractors will be required to maintain Privacy Act safeguards with respect to such records. (6) To respond to subpoenas in any litigation or other proceeding. E:\FR\FM\01JNN1.SGM 01JNN1 wwhite on PROD1PC61 with NOTICES 31232 Federal Register / Vol. 71, No. 105 / Thursday, June 1, 2006 / Notices (7) To the Department of Justice and/ or the Office of General Counsel of the Commission when the defendant in litigation is: (a) Any component of the Commission or any employee of the Commission or any employee of the Commission in his or her official capacity; (b) the United States where the Commission determines that the claim, if successful, is likely to directly affect the operations of the Commission; or (c) any Commission employee in his or her individual capacity where the Department of Justice and/or the Office of General Counsel of the Commission agree to represent such employee. (8) To a Congressional office in response to an inquiry from the Congressional office made at the request of an individual but only from the record of that individual. (9) To inform complainants, victims, and witnesses of the results of an investigation or inquiry. (10) To qualified individuals or organizations in connection with the performance of a peer review or other study of the Office of Inspector General’s audit or investigative functions. (11) To a Federal agency responsible for considering debarment or suspension action if the record would be relevant to such action. (12) To the Department of Justice for the purpose of obtaining its advice on Freedom of Information Act matters. (13) To the Office of Management and Budget for the purpose of obtaining its advice on Privacy Act matters. (14) To a public or professional licensing organization if the record indicates, either by itself or in combination with other information, a violation or potential violation of professional standards, or reflects on the moral, educational, or professional qualifications of an individual who is licensed or who is seeking to become licensed. (15) To the Office of Government Ethics (OGE) to comply with agency reporting requirements established by OGE in 5 CFR part 2638, subpart F. (16) To the news media and the public when there exists a legitimate public interest (e.g., to provide information on events in the criminal process, such as an indictment). (17) To the Integrity Committee of the President’s Council on Integrity and Efficiency and the Executive Council on Integrity and Efficiency, another Federal Office of Inspector General, or other Federal law enforcement office in connection with an investigation, inquiry or review conducted pursuant to Executive Order 12993, or at the request of the SEC Inspector General. VerDate Aug<31>2005 19:10 May 31, 2006 Jkt 208001 POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: The Office of Inspector General Investigative Files consists of paper records maintained in folders, binders and logbooks; various records in electronic form; and an automated data base. The folders, binders and logbooks are stored in the Office of Inspector General’s file cabinets and offices. The automated data base and electronic records are maintained on a file server and backup tapes in encrypted form. RETRIEVABILITY: The records are retrieved by the name of the subject of the investigation or inquiry, or by a unique control number assigned to each investigation or inquiry. SAFEGUARDS: These records are available only to those persons whose official duties require such access. The records are kept in limited access areas during duty hours and in locked file rooms or locked offices at all other times. RETENTION AND DISPOSAL: The Investigative Files are kept in accordance with the Office of Inspector General’s record retention schedule. SYSTEM MANAGER(S) AND ADDRESS: Inspector General, Office of Inspector General, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549–2736. NOTIFICATION PROCEDURES: All requests to determine whether this system of records contains a record pertaining to the requesting individual may be directed to the Privacy Act Officer, U.S. Securities and Exchange Commission, Operations Center, 6432 General Green Way, Mail Stop 0–7, Alexandria, VA 22312–2413. RECORD ACCESS AND CONTESTING PROCEDURES: Persons wishing to obtain information on the procedures for gaining access to or contesting the contents of this record may contact the Privacy Act Officer, U.S. Securities and Exchange Commission, Operations Center, 6432 General Green Way, Mail Stop 0–7, Alexandria, VA 22312–2413. RECORD SOURCE CATEGORIES: Information in these records is supplied by: Individuals including, where practicable, those to whom the information relates; witnesses, corporations and other entities; records of individuals and of the Commission; records of other entities; Federal, PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 foreign, state or local bodies and law enforcement agencies; documents and correspondence relating to litigation; transcripts of testimony; and miscellaneous other sources. EXEMPTIONS CLAIMED FOR THE SYSTEM: Pursuant to 5 U.S.C. 552a(j)(2), this system of records, to the extent it pertains to the enforcement of criminal laws, is exempted from all provisions of the Privacy Act of 1974, 5 U.S.C. 552a, except subsections (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11), and (i). Pursuant to 5 U.S.C. 552a(k)(2), this system of records to the extent it consists of investigatory material compiled for law enforcement purposes, is exempted from the following provisions of the Privacy Act of 1974, 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f) other than material within the scope of the exemption at 5 U.S.C. 552a(j)(2). These exemptions are contained in 17 CFR 200.313. Dated: May 24, 2006. By the Commission. Nancy M. Morris, Secretary. [FR Doc. E6–8472 Filed 5–31–06; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–53858; File No. SR–Amex– 2006–53] Self-Regulatory Organizations; American Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the DB Commodity Index Tracking Fund May 24, 2006. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’),1 and Rule 19b–4 thereunder,2 notice is hereby given that on May 23, 2006, the American Stock Exchange LLC (‘‘Amex’’ or ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. The Amex filed the proposed rule change pursuant to Section 19(b)(3)(A) of the Act 3 and Rule 19b–4(f)(6) thereunder,4 which renders the proposal effective upon filing with the Commission. The Commission is 1 15 U.S.C. 78s(b)(1). CFR 240.19b–4. 3 15 U.S.C. 78s(b)(3)(A). 4 17 CFR 240.19b–4(f)(6). 2 17 E:\FR\FM\01JNN1.SGM 01JNN1

Agencies

[Federal Register Volume 71, Number 105 (Thursday, June 1, 2006)]
[Notices]
[Pages 31230-31232]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-8472]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. PA-36; File No. S7-09-06]


Privacy Act of 1974: System of Records: Office of Inspector 
General Investigative Files (SEC-43)

AGENCY: Securities and Exchange Commission.

ACTION: Notice of an altered system of records.

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

SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, as amended, 5 U.S.C. 552a, the Securities and Exchange Commission 
proposes to alter a Privacy Act system of records: ``Office of 
Inspector General Investigative Files (SEC-43)'', originally published 
at 55 FR 1744, January 18, 1990. Revisions to this system were last 
published at 63 FR 11936, March 11, 1998.

[[Page 31231]]


DATES: The changes will become effective July 11, 2006 unless further 
notice is given. The Commission will publish a new notice if the 
effective date is delayed to review comments or if changes are made 
based on comments received. To be assured of consideration, comments 
should be received on or before July 3, 2006.

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 e-mail to rule-comments@sec.gov. Please include 
File Number S7-09-06 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris, 
Secretary, Securities and Exchange Commission, 100 F Street, NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number S7-09-06. This file number 
should be included on the subject line if e-mail is used. To help us 
process and review your comments more efficiently, please use only one 
method. The Commission will post all comments on the Commission's 
Internet Web site (http://www.sec.gov/rules/other.shtml). Comments are 
also available for public inspection and copying in the Commission's 
Public Reference Room, 100 F Street, NE., Washington, DC 20549. 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: Barbara A. Stance, Chief Privacy 
Officer, U.S. Securities and Exchange Commission, Operations Center, 
6432 General Green Way, Mail Stop 0-7, Alexandria, VA 22312-2413, (202) 
551-7209.

SUPPLEMENTARY INFORMATION: The Commission proposes to alter a system of 
records, ``Office of Inspector General Investigative Files (SEC-43).'' 
As described in the original notice, the system contains investigatory 
material compiled for law enforcement purposes. This notice changes the 
system location address and the address of the system manager; 
clarifies the categories of individuals covered by the system; and 
expands the categories of records in the system to include incoming 
complaints and complaint logs, preliminary inquiry files and indexes, 
and declarations from witnesses. This notice also eliminates or 
consolidates some routine uses, and adds a routine use to disclose 
information to the Integrity Committee of the President's Council on 
Integrity and Efficiency and the Executive Council on Integrity and 
Efficiency, another Federal Office of Inspector General, or other 
Federal law enforcement office in connection with an investigation, 
inquiry or review conducted pursuant to Executive Order 12993, or at 
the request of the SEC Inspector General.
    The Commission has submitted a report of the altered system of 
records to the Senate Committee on Homeland Security and Governmental 
Affairs, the House Committee on Government Reform, and the Office of 
Management and Budget, pursuant to 5 U.S.C. 552a(r) of the Privacy Act 
of 1974, as amended, and Appendix I to OMB Circular A-130, ``Federal 
Agency Responsibilities for Maintaining Records About Individuals,'' as 
amended on February 20, 1996 (61 FR 6435).
    Accordingly, the Commission is altering the system of records to 
read as follows:
SEC-43

SYSTEM NAME:
    Office of Inspector General Investigative Files.

SYSTEM LOCATION:
    Office of Inspector General, Securities and Exchange Commission, 
100 F Street, NE., Washington, DC 20549-2376.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system of records contains records on individuals who are or 
have been subjects of the Office of Inspector General's investigations 
or inquiries relating to programs and operations of the Commission.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Incoming complaints and complaint logs; preliminary inquiry files 
and indexes; all correspondence relevant to the investigation; all 
internal staff memoranda; copies of all subpoenas issued during the 
investigation; affidavits, declarations and statements from witnesses; 
transcripts of testimony taken in the investigation and accompanying 
exhibits; documents and records or copies obtained during the 
investigation; working papers of the staff and other documents and 
records relating to the investigation; opening reports, investigative 
plans, progress reports, and closing reports; and investigative peer 
review files.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Inspector General Act of 1978, as amended, Pub. L. 95-452, 5 U.S.C. 
App.

PURPOSE(S):
    The purpose of this system of records is to enable the Commission's 
Office of Inspector General to carry out its mandate under the 
Inspector General Act Amendments of 1988. The system will consist of 
files and records compiled by the Commission's Office of Inspector 
General on Commission employees or other persons who have been part of 
an investigation for fraud and abuse with respect to the Commission's 
programs and operations.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSE OF SUCH USES:
    Information in the system may be disclosed:
    (1) Where there is an indication of a violation or a potential 
violation of law, whether civil, criminal or regulatory in nature, 
whether arising by general statute or particular program statute, or by 
regulation, rule or order issued pursuant thereto, to the appropriate 
agency, whether Federal, foreign, state, or local, or to a securities 
self-regulatory organization, charged with enforcing or implementing 
the statute, or rule, regulation or order.
    (2) To Federal, foreign, state, or local authorities in order to 
obtain information or records relevant to an Office of Inspector 
General investigation or inquiry.
    (3) To Federal, foreign, state, or local governmental authorities 
in response to their request in connection with the hiring or retention 
of an employee, disciplinary or other administrative action concerning 
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 in the matter.
    (4) To non-governmental parties where those parties may have 
information the Office of Inspector General seeks to obtain in 
connection with an investigation or inquiry.
    (5) To independent auditors or other private firms or individuals 
with which the Office of Inspector General has contracted to carry out 
an independent audit, or to provide support for audits, reviews, 
investigations or other inquiries. These contractors will be required 
to maintain Privacy Act safeguards with respect to such records.
    (6) To respond to subpoenas in any litigation or other proceeding.

[[Page 31232]]

    (7) To the Department of Justice and/or the Office of General 
Counsel of the Commission when the defendant in litigation is: (a) Any 
component of the Commission or any employee of the Commission or any 
employee of the Commission in his or her official capacity; (b) the 
United States where the Commission determines that the claim, if 
successful, is likely to directly affect the operations of the 
Commission; or (c) any Commission employee in his or her individual 
capacity where the Department of Justice and/or the Office of General 
Counsel of the Commission agree to represent such employee.
    (8) To a Congressional office in response to an inquiry from the 
Congressional office made at the request of an individual but only from 
the record of that individual.
    (9) To inform complainants, victims, and witnesses of the results 
of an investigation or inquiry.
    (10) To qualified individuals or organizations in connection with 
the performance of a peer review or other study of the Office of 
Inspector General's audit or investigative functions.
    (11) To a Federal agency responsible for considering debarment or 
suspension action if the record would be relevant to such action.
    (12) To the Department of Justice for the purpose of obtaining its 
advice on Freedom of Information Act matters.
    (13) To the Office of Management and Budget for the purpose of 
obtaining its advice on Privacy Act matters.
    (14) To a public or professional licensing organization if the 
record indicates, either by itself or in combination with other 
information, a violation or potential violation of professional 
standards, or reflects on the moral, educational, or professional 
qualifications of an individual who is licensed or who is seeking to 
become licensed.
    (15) To the Office of Government Ethics (OGE) to comply with agency 
reporting requirements established by OGE in 5 CFR part 2638, subpart 
F.
    (16) To the news media and the public when there exists a 
legitimate public interest (e.g., to provide information on events in 
the criminal process, such as an indictment).
    (17) To the Integrity Committee of the President's Council on 
Integrity and Efficiency and the Executive Council on Integrity and 
Efficiency, another Federal Office of Inspector General, or other 
Federal law enforcement office in connection with an investigation, 
inquiry or review conducted pursuant to Executive Order 12993, or at 
the request of the SEC Inspector General.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    The Office of Inspector General Investigative Files consists of 
paper records maintained in folders, binders and logbooks; various 
records in electronic form; and an automated data base. The folders, 
binders and logbooks are stored in the Office of Inspector General's 
file cabinets and offices. The automated data base and electronic 
records are maintained on a file server and backup tapes in encrypted 
form.

RETRIEVABILITY:
    The records are retrieved by the name of the subject of the 
investigation or inquiry, or by a unique control number assigned to 
each investigation or inquiry.

SAFEGUARDS:
    These records are available only to those persons whose official 
duties require such access. The records are kept in limited access 
areas during duty hours and in locked file rooms or locked offices at 
all other times.

RETENTION AND DISPOSAL:
    The Investigative Files are kept in accordance with the Office of 
Inspector General's record retention schedule.

SYSTEM MANAGER(S) AND ADDRESS:
    Inspector General, Office of Inspector General, Securities and 
Exchange Commission, 100 F Street, NE., Washington, DC 20549-2736.

NOTIFICATION PROCEDURES:
    All requests to determine whether this system of records contains a 
record pertaining to the requesting individual may be directed to the 
Privacy Act Officer, U.S. Securities and Exchange Commission, 
Operations Center, 6432 General Green Way, Mail Stop 0-7, Alexandria, 
VA 22312-2413.

RECORD ACCESS AND CONTESTING PROCEDURES:
    Persons wishing to obtain information on the procedures for gaining 
access to or contesting the contents of this record may contact the 
Privacy Act Officer, U.S. Securities and Exchange Commission, 
Operations Center, 6432 General Green Way, Mail Stop 0-7, Alexandria, 
VA 22312-2413.

RECORD SOURCE CATEGORIES:
    Information in these records is supplied by: Individuals including, 
where practicable, those to whom the information relates; witnesses, 
corporations and other entities; records of individuals and of the 
Commission; records of other entities; Federal, foreign, state or local 
bodies and law enforcement agencies; documents and correspondence 
relating to litigation; transcripts of testimony; and miscellaneous 
other sources.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    Pursuant to 5 U.S.C. 552a(j)(2), this system of records, to the 
extent it pertains to the enforcement of criminal laws, is exempted 
from all provisions of the Privacy Act of 1974, 5 U.S.C. 552a, except 
subsections (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), 
(9), (10), and (11), and (i).
    Pursuant to 5 U.S.C. 552a(k)(2), this system of records to the 
extent it consists of investigatory material compiled for law 
enforcement purposes, is exempted from the following provisions of the 
Privacy Act of 1974, 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), 
and (I), and (f) other than material within the scope of the exemption 
at 5 U.S.C. 552a(j)(2).
    These exemptions are contained in 17 CFR 200.313.

    Dated: May 24, 2006.

    By the Commission.
Nancy M. Morris,
Secretary.
 [FR Doc. E6-8472 Filed 5-31-06; 8:45 am]
BILLING CODE 8010-01-P