2012-17087
Federal Register, Volume 77 Issue 135 (Friday, July 13, 2012)[Federal Register Volume 77, Number 135 (Friday, July 13, 2012)]
[Notices]
[Pages 41378-41384]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17087]
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COMMODITY FUTURES TRADING COMMISSION
Privacy Act of 1974 System of Records Notice
AGENCY: Commodity Futures Trading Commission.
ACTION: Notice; publication of character of one revised system of
records and two new systems of records
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SUMMARY: The Commodity Futures Trading Commission (Commission) is
revising one system of records under the Privacy Act of 1974: CFTC-44,
Personnel Security Files, to be renamed CFTC-44, Personnel Clearance
System. The Commission also is establishing two new systems of records:
CFTC-48, Personal Property Claims, and CFTC-49, Whistleblower Records
(Exempted). Revisions to CFTC-44 incorporate enhancements to the system
of records with a new streamlined process of capturing personal
information, minimizing paper records and eliminating manual entry into
a legacy application when an individual applies for a security
clearance. New CFTC-48 addresses information collected through a new
process for employees to file and have adjudicated claims for damage or
loss of certain personal property, as stated in Commission policies and
applicable law. New CFTC-49 addresses information collected for the
Commission's whistleblower program, which is described and defined in
Section 23 of the Commodity Exchange Act, 7 U.S.C. 26, and the rules
promulgated thereunder, 17 CFR part 165.
DATES: Comments must be received on or before August 13, 2012. This
action will be effective without further notice on August 22, 2012,
unless revised pursuant to comments received.
ADDRESSES: You may submit comments identified by ``Personnel Clearance
System SORN,'' ``Personal Property Claims SORN,'' or ``Whistleblower
Records SORN'' by any of the following methods:
Agency web site, via its Comments Online process: http://comments.cftc.gov. Follow the instructions for submitting comments
through the Web site.
Federal eRulemaking Portal: Comments may be submitted at
http://www.regulations.gov. Follow the instructions for submitting
comments.
Mail: David A. Stawick, Secretary of the Commission,
Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st
Street NW., Washington, DC 20581.
Hand Delivery/Courier: Same as mail above.
Please submit your comments using only one method.
All comments must be submitted in English, or if not, accompanied
by an English translation. Comments will be posted as received to
www.cftc.gov. You should submit only information that you wish to make
available publicly. If you wish the Commission to consider information
that you believe is exempt from disclosure under the Freedom of
Information Act, a petition for confidential treatment of the exempt
information may be submitted according to the procedures established in
Section 145.9 of the Commission's regulations, 17 CFR part 145.9.
The Commission reserves the right, but shall have no obligation, to
review, pre-screen, filter, redact, refuse or remove any or all of a
submission from www.cftc.gov that it may deem to be inappropriate for
publication, such as obscene language. All submissions that have been
redacted or removed that contain comments on the merits of the notice
will be retained in the public comment file and will be considered as
required under all applicable laws, and may be accessible under the
Freedom of Information Act.
FOR FURTHER INFORMATION CONTACT: Kathy Harman-Stokes, Chief Privacy
Officer, [email protected], 202-418-6629, Office of the Executive
Director, Commodity Futures Trading Commission, Three Lafayette Centre,
1155 21st Street NW., Washington, DC 20581.
SUPPLEMENTARY INFORMATION:
I. The Privacy Act
Under the Privacy Act of 1974, 5 U.S.C. 552a, a ``system of
records'' is defined as any group of records under the control of a
federal government agency from which information about individuals is
retrieved by name or other personal identifier. The Privacy Act
establishes the means by which government agencies must collect,
maintain, and use personally identifiable information associated with
an individual in a government system of records.
Each government agency is required to publish a notice in the
Federal Register of a system of records in which the agency identifies
and describes each system of records it maintains, the reasons why the
agency uses the personally identifying information therein, the routine
uses for which the agency will disclose such information outside the
agency, and how individuals may exercise their rights under the Privacy
Act to determine if the system contains information about them, among
other things.
II. Routine Uses
Information in the systems of records covered by this Federal
Register notice may be disclosed in accordance with the blanket routine
uses numbered 1 through 19 published at 76 FR 5974 (Feb. 2, 2011) and
copied below for convenience. These blanket routine uses apply to all
CFTC systems of records, except as otherwise provided in a specific
system of records notice:
1. Information may be used by the Commission in any administrative
proceeding before the Commission, in any injunctive action authorized
under the Commodity Exchange Act or in any other action or proceeding
in which the Commission or its staff participates as a party or the
Commission participates as amicus curiae.
2. Information may be disclosed to the Department of Justice, the
Securities and Exchange Commission, the United States Postal Service,
the Internal Revenue Service, the Department of Agriculture, the Office
of Personnel Management, and to other Federal, state,
[[Page 41379]]
local, territorial or tribal law enforcement or regulatory agencies for
use in meeting their statutory and regulatory requirements.
3. Information may be given to any ``registered entity,'' as
defined in section 1a of the Commodity Exchange Act, 7 U.S.C. 1 et seq.
(``the Act''), if the Commission has reason to believe that such
information will assist the registered entity in carrying out its
responsibilities under the Act. Information may also be given to any
registered futures association registered under Section 17 of the Act
(e.g., the National Futures Association) to assist it in carrying out
its self-regulatory responsibilities under the Act, and to any national
securities exchange or national securities association registered with
the Securities and Exchange Commission to assist those organizations in
carrying out their self-regulatory responsibilities under the
Securities Exchange Act of 1934, 15 U.S.C. 78a et seq.
4. At the discretion of the Commission staff, information may be
given or shown to anyone during the course of a Commission
investigation if the staff has reason to believe that the person to
whom it is disclosed may have further information about the matters
discussed therein, and those matters appear relevant to the subject of
the investigation.
5. Information may be included in a public report issued by the
Commission following an investigation, to the extent that this is
authorized under Section 8 of the Commodity Exchange Act, 7 U.S.C.
Sec. 12. Section 8 authorizes publication of such reports but contains
restrictions on the publication of certain types of sensitive business
information developed during an investigation. In certain contexts,
some of this information might be considered personal in nature.
6. Information may be disclosed to a Federal agency in response to
its request in connection with 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,
or a grant or other benefit by the requesting agency, to the extent
that the information may be relevant to the requesting agency's
decision on the matter.
7. Information may be disclosed to a prospective employer in
response to its request in connection with the hiring or retention of
an employee, to the extent that the information is believed to be
relevant to the prospective employer's decision in the matter.
8. Information may be disclosed to any person, pursuant to Section
12(a) of the Commodity Exchange Act, 7 U.S.C. 16(a), when disclosure
will further the policies of that Act or of other provisions of law.
Section 12(a) authorizes the Commission to cooperate with various other
government authorities or with ``any person.''
9. Where information, either alone or in conjunction with other
information indicates a violation or potential violation of law--
criminal, civil, or regulatory in nature--the relevant information may
be disclosed to the appropriate Federal, state, local, territorial,
tribal, or foreign law enforcement authority or other appropriate
entity charged with the responsibility for investigating or prosecuting
such violation or charged with enforcing or implementing such law.
10. Information may be disclosed to the General Services
Administration for the purpose of records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906.
11. Information may be disclosed to the National Archives and
Records Administration for the purpose of records management
inspections being conducted under the authority of 44 U.S.C. 2904 and
2906.
12. Information may be disclosed to foreign law enforcement,
investigatory, or administrative authorities in order to comply with
requirements set forth in international arrangements, such as memoranda
of understanding.
13. Information may be disclosed to contractors, grantees,
volunteers, experts, students, and others performing or working on a
contract, service, grant, cooperative agreement, or job for the Federal
government when necessary to accomplish an agency function.
14. Information may be disclosed to the Merit Systems Protection
Board, including the Office of Special Counsel for the purpose of
litigation, including administrative proceedings, appeals, special
studies of the civil service and other merit systems.
15. Information may be disclosed to the Department of Justice or in
a proceeding before a court, adjudicative body, or other administrative
body which the agency is authorized to appear, when:
a. The agency, or any component thereof; or
b. Any employee of the agency in his or her official capacity; or
c. Any employee of the agency in his or her official capacity where
the Department of Justice or the agency has agreed to represent the
employee; or
d. The United States, when the agency determines that litigation is
likely to affect the agency or any of its components;
is a party to litigation or has an interest in such litigation, and the
use of such records by the Department of Justice or the agency is
deemed by the agency to be relevant and necessary to the litigation
provided, however, that in each case it has been determined that the
disclosure is compatible with the purpose for which the records were
collected.
16. Information may be disclosed to a Member of Congress or staff
acting upon the Member's behalf when the Member or staff requests the
information on behalf of, or at the request of, the individual who is
the subject of the record.
17. Information related to any traders or the amount or quantity of
any commodity purchased or sold by such traders may be disclosed to any
committee of either House of Congress upon its request, acting within
the scope of its jurisdiction, pursuant to the Commodity Exchange Act,
7 U.S.C. 1 et seq., including Section 8(e) of such Act at 7 U.S.C. 12,
and the rules and regulations promulgated thereunder.
18. Information may be disclosed to another Federal agency, to a
court, or a party in litigation before a court or in an administrative
proceeding being conducted by a Federal agency, when the Government is
a party to the judicial or administrative proceeding.
19. Information may be disclosed to appropriate agencies, entities,
and individuals when:
a. The Commission suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised;
b. The Commission has determined that as a result of the suspected
or confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by the Commission or another agency or entity) that rely
upon the compromised information; and
c. The disclosure made to such agencies, entities, and individuals
is reasonably necessary to assist in connection with the Commission's
efforts to respond to the suspected or confirmed compromise and
prevent, minimize, or remedy such harm.
III. Personnel Clearance System
The Commission proposes to revise a system of records, CFTC-44,
Personnel Security Files, to rename the system
[[Page 41380]]
CFTC-44, Personnel Clearance System (PCS) and to identify enhancements.
The PCS will contain information about individuals who require regular,
on-going access to CFTC assets, including facilities, information
technology systems or information classified in the interest of
national security. The individuals may be Commission employees,
contractors, interns, volunteers, candidates for employment,
individuals formerly in any of these positions, and others.
Any individual who will regularly access CFTC assets must receive
an official security clearance before access is authorized. CFTC
collects personal information from the individual, such as social
security number and date of birth. CFTC provides elements of that
information to Federal investigative agencies, such as OPM. Once the
completed investigation is provided to the CFTC, the CFTC adjudicates
the clearance request.
In the past, the CFTC has handled much of this process manually, on
paper, using a legacy, MS-Access-based application. The new system will
minimize the need for paper records, thereby improving security of
personal information. It also will eliminate the need for manual input
of personal information into the legacy application, increasing
efficiency and the accuracy of information. In addition, the
enhancements will make it easier to share security clearance processing
information in a timely manner with appropriate Federal officials.
IV. Personal Property Claims
The Commission is developing a policy and procedure for employee
claims for damaged or lost personal property, pursuant to the Military
Personnel & Civilian Employees' Claims Act of 1964, 31 U.S.C. 3721.
Under the policy and procedure, the Commission will pay or otherwise
settle employee claims up to a defined amount per incident for damage
or loss of personal property under certain circumstances.
The new system of records will include all information collected
about the personal property claim from the employee and the related
documentation of decisions and payment of such claims. The information
will facilitate the review of the claim and collection of evidence by
the Logistics and Operations Unit (L&O), the Executive Director's
decision on the claim, and the payment for or replacement of the
property. The new system of records also will contain information on
requests for reconsideration when claims have been denied.
V. Whistleblower Records (Exempted)
The Commission is creating a system to maintain records related to
the whistleblower program, which is described and defined in Section 23
of the Commodity Exchange Act, 7 U.S.C. 26, and the rules promulgated
thereunder, 17 CFR part 165. The system may include all or any part of
the records developed during the whistleblower tip, complaint or
referral submission process, investigation or inquiry, and/or
whistleblower award claim and determination process, including but not
limited to data from Commission reporting forms, such as Commission
Forms TCR and WB-APP, documents and information related to the
whistleblower program, and records drafted and/or compiled for the
Commission's Whistleblower Award Determination Panel. This system may
include: Records, data and correspondence submitted by and sent to
whistleblowers and/or their representatives; correspondence with other
law enforcement and regulatory agencies regarding referral of
whistleblower information and related actions brought by such agencies
based on whistleblower information; interviews, memoranda and other
work products prepared by Commission staff; affidavits, statements by
witnesses, contracts and agreements with whistleblowers, including
confidentiality agreements; and information available on the Internet
or other electronic sources accessed for purposes of the whistleblower
program. The system may also contain internal memoranda and
declarations of Commission staff, correspondence and other
miscellaneous investigatory matters.
VI. Notice: Personnel Clearance System
SYSTEM NUMBER:
CFTC-44
SYSTEM NAME:
Personnel Clearance System (PCS).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
This system is located in the Commission's principal office, at
Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st
Street NW., Washington, DC 20581.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who require regular, ongoing access to CFTC facilities,
information technology systems, or information classified in the
interest of national security, including candidates for Commission
employment or contracts, Commission employees, contractors of the
Commission, students, interns, volunteers, individuals authorized to
perform or use services provided in Commission facilities, and
individuals formerly in any of these positions.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records may include any or all of the following: First name, last
name, social security number, date of birth, state of birth, country of
birth, non CFTC phone number, non CFTC email address, CFTC duty
location, CFTC hiring division, hiring manager, job title, job series,
job grade, journeymen job grade, appointment type, prior CFTC
employment, prior employment year, prior employment division, business
manager, proposed start date, level of clearance needed, clearance
valid date, clearance related investigation status, and clearance
related investigation notes; copies of and information derived from
passports, birth certificates, driver's licenses, OF 306 forms, US ``I-
9 Forms'' and resumes; information provided by the Office of Personnel
Management (OPM) for clearance determination purposes; and in addition
for contractors only, estimated contract end date, option year
information, hiring manager and/or Contract Officer Technical Reviewer
(COTR), contract number, company name, company point of contact, and
company address.
Note: This system of records does not include the Office of
Personnel Management (OPM) background investigation report. An
identical version of the investigation report is in the possession
of the Commission, but is considered to be part of the OPM Central-
9, Personnel Investigations Records. For information on how to
request access to the OPM Central-9, Personnel Investigations
Records, please see the Note in the Records Access Procedures
section of this notice.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Applicants and appointees to Federal service are subject to a
background investigation under 5 CFR parts 731, 732, and 736, Executive
Order 10450, ``Security Requirements for Government Employment'' and
the agency memorandum exercising authority to conduct investigations of
non-competitive service applicants and appointees under these
authorities. See also Executive Order 13292, ``Classified National
Security Information,'' and Executive Order 12968, ``Access to
Classified Information.'' HSPD-12 clarified that Federal contractors
are
[[Page 41381]]
also subject to background investigation under these authorities. The
Office of Personnel Management (OPM) is authorized to collect this
information under 5 U.S.C. 3301, 3302, and 9101. 5 U.S.C. 1104 allows
OPM to delegate the personnel management function to other Federal
agencies.
Solicitation of the Social Security Number is also authorized by
Executive Order 9397, which asks Federal agencies to use this number to
help identify individuals in agency records.
PURPOSE(S):
The records in this system are used to verify identity and to
facilitate background investigations by OPM and adjudications by the
CFTC Security and Emergency Management Officer.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information in this system may be disclosed as stated below:
a. Except as noted on Forms SF 85, 85-P, and 86, when a record on
its face, or in conjunction with other records, indicates a violation
or potential violation of law, whether civil, criminal, or regulatory
in nature, and whether arising by general statute or particular program
statute, or by regulation, rule, or order issued pursuant thereto,
disclosure may be made to the appropriate public authority, whether
Federal, foreign, State, local, or tribal, or otherwise, responsible
for enforcing, investigating or prosecuting such violation or charged
with enforcing or implementing the statute, or rule, regulation, or
order issued pursuant thereto, if the information disclosed is relevant
to any enforcement, regulatory, investigative or prosecutorial
responsibility of the receiving entity.
b. Employment, Clearances, Contract, or Other Benefits Decision by
an Organization other than the Commission--disclosure may be made to a
Federal State, local, foreign, or tribal or other public authority of
the fact that this system of records contains information relevant to
the retention of an employee, the retention of a security clearance, or
the letting of a contract. The other agency or licensing organization
may then make a request supported by the written consent of the
individual for the entire record if it so chooses. No disclosure will
be made unless the information has been determined to be sufficiently
reliable to support a referral to another office within the agency or
to another Federal agency for criminal, civil, administrative,
personnel, or regulatory action.
c. National Security and Intelligence Matters--these records may be
disclosed to Federal, State, local agencies, or other appropriate
entities or individuals, or through established liaison channels to
selected foreign governments, in order to enable an intelligence agency
to carry out its responsibilities under the National Security Act of
1947 as amended, the CIA Act of 1949 as amended, Executive Order 12333
or any successor order, applicable national security directives, or
classified implementing procedures approved by the Attorney General and
promulgated pursuant to such statutes, orders or directives.
Information also may be disclosed as stated in the blanket routine
uses numbered 1 through 19 that appear at the beginning of the
Commission's compilation of its systems of records notices at 76 FR
5974 (Feb. 2, 2011), and copied in this Federal Register notice above
for convenience, ``Supplementary Information,'' ``II. Routine Uses.''
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESS CONTROLS,
SAFEGUARDS, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The data will be collected and maintained electronically and in
paper files. Paper records are stored in file folders, binders,
computer files and computer disks. Electronic records, including
computer files and electronically maintained data, are stored on the
Commission's network and other electronic media as needed, such as
encrypted hard drives.
RETRIEVABILITY:
Files are retrieved by name of the individual.
ACCESS CONTROLS, SAFEGUARDS:
Records in the system are protected from unauthorized access and
misuse through various administrative, technical and physical security
measures. Technical security measures within CFTC include restrictions
on computer access to authorized individuals, required use of strong
passwords that are frequently changed, use of encryption for certain
data types and transfers, and regular review of security procedures and
best practices to enhance security. Physical measures include
restrictions on building access to authorized individuals only and
maintaining records in lockable offices and filing cabinets. These
records are kept in electronic form and in file folders in locked metal
file cabinets in locked rooms at the headquarters office in the
Security and Emergency Management Office.
RETENTION AND DISPOSAL:
The records will be maintained and disposed of in accordance with
General Records Schedule 18, Item 22a and Item 22b. The schedules are
available at www.cftc.gov. The data will be deleted by the Personnel
Security staff 90 days after the separation of the individual from
CFTC.
SYSTEM MANAGER(S) AND ADDRESS:
Security and Emergency Management Office within Logistics and
Operations in the Commission's Office of the Executive Director,
Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st
Street NW., Washington, DC 20581.
NOTIFICATION PROCEDURE:
An individual can determine if this system contains a record
pertaining to him/her by sending a request in writing, signed, to the
Office of General Counsel, Paralegal Specialist, Three Lafayette
Centre, 1155 21st Street NW., Washington, DC 20581. Telephone (202)
418-5011.
When requesting notification of, or access to, records covered by
this Notice, an individual should provide his/her full name, date of
birth, agency name, and work location. An individual requesting
notification of records in person must provide identity documents, such
as a government-issue photo ID, sufficient to satisfy the custodian of
the records that the requester is entitled to access. Individuals
requesting notification via mail or telephone must furnish, at a
minimum, name, date of birth, social security number, and home address
in order to establish identity.
Note: For information on how to request access to the OPM
Personnel Investigations Records which are part of the OPM Central-9
system of records, please see the Note in the Records Access
Procedures section of this notice.
RECORDS ACCESS PROCEDURES:
Individuals wishing to request access to CFTC records about them
should contact the system manager indicated above. Individuals must
furnish their full name (first, middle, and last name) and birth date
for their record to be located and identified. An individual requesting
access must also follow CFTC Privacy Act requirements regarding
verification of identity and amendment of records. Correspondence
[[Page 41382]]
between the requester and Human Resources staff on the subject of any
background investigation and security adjudication may also be made
available.
Note: The CFTC may not provide an individual with access to his/
her OPM Personnel Investigations Records or to copies of OPM
documentation of any background investigation conducted by OPM or
contractors dealing with those investigations. These records, which
are sent to the CFTC Security and Emergency Management Office to
allow adjudication of the request for security clearance, are owned
by OPM and reside within the OPM Central-9 system of records. OPM is
solely responsible for controlling access to, or amendment of, those
records. Those seeking access to, or amendment, of those records
owned by OPM should submit a request in writing to the Federal
Investigations Processing Center, as stated in OPM Central-9. The
signed request should be made under the Privacy Act of 1974 and
include the requester's full name, home address, Social Security
Number, date and place of birth, and other information requested by
OPM.
CONTESTING RECORD PROCEDURES:
Individuals wishing to request amendment of their CFTC records
should contact the system manager indicated above. Individuals must
furnish their full name (first, middle, and last name) and birth date
for the record to be located and identified. An individual requesting
amendment must also follow the CFTC Privacy Act requirements regarding
verification of identity and amendment of records.
Note: Individuals who wish to request amendment of their OPM
Personnel Investigations Records should follow the requirements of
the OPM Central-9 system of records. For information on how to
submit such a request, please see the Note in the Records Access
Procedures section of this notice.
RECORD SOURCE CATEGORIES:
The individual and OPM will provide the information for this system
of records.
EXEMPTIONS CLAIMED FOR THIS SYSTEM:
None.
VII. Notice: Personal Property Claims
System Number:
CFTC-48
SYSTEM NAME:
Personal Property Claims.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
This system is located in the Commission's principal office at
Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st
Street, NW., Washington, DC 20581.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
CFTC employees and former employees who have experienced damage to
or loss of personal property incident to Commission business. Covered
individuals also may include authorized agents or legal representatives
of CFTC employees or former employees, or their survivors.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system of records includes the information provided by
employees on a CFTC Personal Property Claims form, including the
following when applicable: name of employee, information concerning the
damage or loss of personal property, personal property at issue,
corroborating statements from persons who have personal knowledge of
the facts concerning the claim, either an itemized bill for repair of
damaged property, or an itemized repair estimate or bill of sale or
value estimate from a competent repairman or appraiser, evidence that
the employee has filed a claim with the carrier or insurer, and copies
of any pertinent correspondence, copies of travel and transportation
orders, a statement concerning any reimbursement obtained from a
carrier or insurer, describing reimbursement received for each item,
copies of police reports, and other evidence which may be needed for
CFTC review and determination of whether to pay the claim.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Military Personnel and Civilian Employees' Claims Act, 31
U.S.C. 3721, authorizes heads of federal agencies to pay or otherwise
settle claims of employees up to a limit specified by the Act and/or
CFTC policies for damage or loss of personal property incident to their
services.
PURPOSE(S):
The purpose of the system of records is to include all information
related to claims by employees for damage to or loss of personal
property incident to Commission business, as provided in the Military
Personnel & Civilian Employees' Claims Act of 1964, 31 U.S.C. 3721. The
system will facilitate the review of a claim and collection of evidence
by CFTC Logistics and Operations Unit (L&O); will facilitate the
Executive Director's decision as to whether to pay a claim, offer a
replacement of the property in kind or otherwise settle the claim; will
facilitate processing through Financial Management; and when a claim
has been denied, will allow a claimant to request reconsideration, as
stated in Commission policy.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
The information in this system will be routinely used by CFTC staff
in the Office of the Executive Director, including L&O, Security and
Emergency Management Office and Financial Management Branch to review,
process and adjudicate personal property claims. Information also may
be disclosed as stated in the blanket routine uses numbered 1 through
19 that appear at the beginning of the Commission's compilation of its
systems of records notices at 76 FR 5974 (Feb. 2, 2011), and copied in
this Federal Register notice above for convenience, ``Supplementary
Information,'' ``II. Routine Uses.''
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESS CONTROLS,
RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Paper records are stored in file folders, binders, computer disks,
and are uploaded into the CFTC network. Electronic records, including
emails, spreadsheets, PDF files and documents are maintained on a
SharePoint site, are stored on the Commission's network and other
electronic media as needed, such as encrypted hard drives and back-up
media.
RETRIEVABILITY:
By name of the employee who files the personal property claim.
ACCESS CONTROLS, SAFEGUARDS:
Records in the system are protected from unauthorized access and
misuse through various administrative, technical and physical security
measures. Technical security measures within CFTC include restrictions
on computer access to authorized individuals, required use of strong
passwords that are frequently changed, use of encryption for certain
data types and transfers, and regular review of security procedures and
best practices to enhance security. Physical measures include
restrictions on building access to authorized individuals only and
maintaining records in lockable offices and filing cabinets.
[[Page 41383]]
RETENTION AND DISPOSAL:
The records will be maintained in accordance with records
disposition schedules approved by the National Archives and Records
Administration. The schedules are available at www.cftc.gov.
SYSTEM MANAGER(S) AND ADDRESS:
Logistics & Operations in the Commission's Office of the Executive
Director, located at the Commodity Futures Trading Commission, Three
Lafayette Centre, 1155 21st Street NW., Washington, DC 20581.
NOTIFICATION PROCEDURE:
Individuals seeking to determine whether this system of records
contains information about themselves or seeking access to records
about themselves in this system of records, or contesting the content
of records about themselves contained in this system of records should
address written inquiry to the Office of General Counsel, Paralegal
Specialist, Commodity Futures Trading Commission, Three Lafayette
Centre, 1155 21st Street NW., Washington, DC 20581. Telephone (202)
418-5011.
RECORD SOURCE CATEGORIES:
Individuals who file personal property claims; the individual's
supervisor; information from witnesses collected by the Security and
Emergency Management Office staff; the Executive Director, who makes
the final decision regarding settlement of the claim; and personnel in
the Commission's Financial Management Branch who handle financial
reimbursement issues.
EXEMPTIONS CLAIMED FOR THIS SYSTEM:
None.
VIII. Notice: Whistleblower Records (Exempted)
System Number:
CFTC-49
SYSTEM NAME:
Whistleblower Records (Exempted).
SYSTEM LOCATION:
This system is located in the Whistleblower Office, in the Office
of the Executive Director, in the Commission's principal office at
Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st
Street NW., Washington, DC 20581.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
a. Individuals who have submitted tips, complaints or referrals,
award applications and/or related documents or information to the
Whistleblower Office in relation to the Commission's whistleblower
program, and any individuals who are referenced in any information
submitted to or accessed by the Whistleblower Office in relation to the
whistleblower program.
b. Individuals whom the Commission staff has reason to believe have
violated, are violating, or are about to violate the Commodity Exchange
Act and the rules, regulations and orders promulgated thereunder.
c. Individuals whom the Commission staff has reason to believe have
violated, are violating, or are about to violate a law or regulation or
order of another federal, state or foreign authority.
d. Individuals whom the Commission staff has reason to believe may
have information concerning violations of the Commodity Exchange Act
and the rules, regulations and orders promulgated thereunder.
e. Individuals whom the Commission staff has identified as relevant
to an enforcement investigation, such as complainants, witnesses and
counsel.
f. Individuals whom a foreign law enforcement authority has found
or alleges to have, or suspects of having, violated foreign laws,
rules, regulations or orders of such foreign law enforcement authority.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system may include all or any part of the records developed
during the whistleblower tip, complaint or referral submission process,
investigation or inquiry, or whistleblower award claim and
determination process, as described in Section 23 of the Commodity
Exchange Act, 7 U.S.C. 26, and the rules promulgated thereunder, 17 CFR
part 165, including but not limited to data from Commission reporting
forms, such as Commission Forms TCR and WB-APP, documents and
information related to the whistleblower program, and records drafted
and/or compiled for the Commission's Whistleblower Award Determination
Panel whose disclosure the Commission staff has determined could impair
the effectiveness and orderly conduct of the Commission's
whistleblower, regulatory and enforcement programs or compromise
Commission investigations. This system may include: records, data and
correspondence submitted by and sent to whistleblowers and/or their
representatives; correspondence with other law enforcement and
regulatory agencies regarding referral of whistleblower information and
related actions brought by such agencies based on whistleblower
information; interviews, memoranda and other work products prepared by
Commission staff; affidavits, statements by witnesses, contracts and
agreements with whistleblowers, including confidentiality agreements;
and information available on the Internet or other electronic sources
accessed for purposes of the whistleblower program. The system may also
contain internal memoranda and declarations of Commission staff,
correspondence and other miscellaneous investigatory matters. The
nature of the personal information contained in these files varies
according to what has been submitted by the whistleblower and/or his/
her representative, and may include personal background information
about individuals involved, their education and employment history,
social security numbers, trading account details, information on prior
violations, and a wide variety of financial information, as well as a
detailed examination of the individuals' activities during the period
in question.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Commodity Exchange Act Section 23, 7 U.S.C. Sec. 26, and the rules
promulgated thereunder, 17 CFR part 165, authorizing the creation and
administration of the Commission's whistleblower program.
PURPOSE(S):
The Commission's whistleblower program is designed to pay awards to
eligible individuals who voluntarily provide the Commission with
original information about violations of the Commodity Exchange Act
(CEA) that lead to the successful enforcement of covered judicial or
administrative actions, or related actions. The whistleblower
provisions also prohibit retaliation by employers against individuals
who provide the Commission with information about possible CEA
violations. As part of its administration of the whistleblower program,
the Commission's Whistleblower Office maintains records of
whistleblower tips, complaints, award claims and related supplemental
records and correspondence.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information in this system may be disclosed in accordance with the
blanket routine uses numbered 1 through 19 that appear at the beginning
of the Commission's compilation of its systems of records notices at 76
FR 5974 (Feb. 2, 2011), and copied in this Federal Register notice
above for
[[Page 41384]]
convenience, ``Supplementary Information,'' ``II. Routine Uses,'' which
will be exercised in accordance with Commodity Exchange Act Section
23(h)(2), 7 U.S.C. 26(h)(2), and rule 165.4 thereunder, 17 CFR 165.4.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Paper records are stored in file folders and binders. Electronic
records, including PDFs of paper records and computer files, are stored
on the Commission's network and on various other electronic media as
needed, such as encrypted hard drives.
RETRIEVABILITY:
By the name, submission number or other individual identifier of
the individual or individuals seeking whistleblower status or claiming
a whistleblower award.
SAFEGUARDS:
Records are protected from unauthorized access and improper use
through administrative, technical and physical security measures.
Technical security measures within the Commission include restrictions
on computer access to authorized individuals, required use of strong
passwords that are frequently changed, use of encryption for certain
data types and transfers, and regular review of security procedures and
best practices to enhance security. Physical measures include
restrictions on building access to authorized individuals and
maintenance of certain records in secured filing rooms and/or locked
filing cabinets. Also, all employees are made aware of the sensitive
nature of whistleblower information.
RETENTION AND DISPOSAL:
1. Whistleblower Submission Files:
a. Includes but is not limited to Forms TCR and WB-APP, records
provided by whistleblowers and/or their representatives in support of
their submissions, memoranda of interviews with whistleblowers,
correspondence with whistleblowers and/or their representatives, and
other related records.
b. Such files will be closed after the last action on the relevant
Division of Enforcement matter, after the final appeal of the decision
of the Whistleblower Award Determination Panel is exhausted, or after
the award payment to the whistleblower has been made, whichever is
applicable and whichever is latest (the cut-off date). Such files will
be destroyed 15 years after the end of the fiscal year on which the
latest cut-off date occurs.
2. Whistleblower Award Determination Panel Records:
a. Includes but is not limited to documentation that the
Whistleblower Office collects and prepares for the Whistleblower Award
Determination Panel to make eligibility and award decisions, the
Panel's determinations, records documenting payment of awards to
whistleblowers, Panel membership lists and other records related to the
administration of the Panel, and other related records.
b. Such files will be closed after the final appeal of the
Whistleblower Award Determination Panel decision is exhausted, or after
the award payment to the whistleblower has been made, whichever is
applicable and whichever is latest (the cut-off date). Such files will
be transferred to the National Archives and Records Administration 15
years after the end of the fiscal year in which the latest cut-off date
occurs.
All whistleblower records remain exempt from disclosure under the
Privacy Act.
SYSTEM MANAGER(S) AND ADDRESS:
Whistleblower Officer in the Office of the Executive Director, in
the Commission's principal office at Commodity Futures Trading
Commission, Three Lafayette Centre, 1155 21st Street NW., Washington,
DC 20581.
RECORD SOURCE CATEGORIES:
Reporting forms and other information filed with or submitted to
the Commission by: Individuals interested in participating in the
whistleblower program; self-regulatory organizations; individuals or
firms covered by the Commission's registration requirements; federal,
state and local regulatory and law enforcement agencies; banks, credit
organizations and other institutions; corporations; individuals having
knowledge of the facts; attorneys; publications; courts; the
Whistleblower Award Determination Panel; and other sources which may
have information related to the handling of a whistleblower matter.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
The records in this system have been exempted by the Commission
from certain provisions of the Privacy Act of 1974 pursuant to the
terms of the Privacy Act, 5 U.S.C. 552a(k)(2), and the Commission's
rules promulgated thereunder, 17 CFR 146.12. These records are exempt
from the notification procedures, records access procedures, and record
contest procedures set forth in the system notices of other systems of
records, and from the requirement that the sources of records in the
system be described.
Issued in Washington, DC, this 3rd day of July 2012, by the
Commission.
Sauntia S. Warfield,
Assistant Secretary of the Commission.
[FR Doc. 2012-17087 Filed 7-12-12; 8:45 am]
BILLING CODE P
Last Updated: July 13, 2012