Home > 1997 Privacy Act Documents > Privacy Act: [CFTC-9]...Privacy Act: [CFTC-9]...
#....System name:
Employee Travel Records.
System location:
This system is located in the Commission's office at 1155 21st
Street, NW, Washington, DC.
Categories of individuals covered by the system:
Any Commission member, employee, witness, expert, advisory
committee member or non-CFTC employee traveling on official business
for the Commission.
Categories of records in the system:
Contains the name, address, destination, itinerary, mode and
purpose of travel, dates, expenses, miscellaneous claims, amounts
advanced, amounts claimed, and amounts reimbursed. Includes travel
authorizations, travel vouchers, copies of government transportation
requests, receipts and other records.
Authority for maintenance of the system:
5 U.S.C. 5701-5752; 31 U.S.C. 1, et seq; 44 U.S.C. 3101.
Routine uses of records maintained in the system, including
categories of users and the purpose of such uses:
The information may be provided to the Justice Department or
other federal agencies or used by the Commission in connection with
any investigation, or administrative or legal proceeding involving
any violation of federal law or regulation thereunder.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper records in file folders, computer memory and computer
printout.
Retrievability:
By the name of the Commission member, employee witness, expert,
advisory committee member or CFTC employee traveling on official
business for the Commission, and by Commission identification number.
Safeguards:
Access to the computer records is protected by a security system.
General building security limits access to paper records kept in
files of support staff in the offices of travelers and in the Travel
Office.
Retention and disposal:
Records are retained for three years after the period covered by
the account.
System manager(s) and address:
Accounting Officer and Network Manager, 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 FOI, Privacy and Sunshine Acts
Compliance Staff, Commodity Futures Trading Commission, 1155 21st
Street, NW, Washington, DC 20581. Telephone (202) 418-5105.
Record source categories:
The individual on whom the record is maintained.
#..CFTC-7
Deleted--Incorporated into CFTC-4 and CFTC-6.
#..CFTC-8
#....System name:
Employment Applications.
System location:
This system is located in Office of Human Resources at 1155 21st
Street, NW., Washington, DC 20581.
Categories of individuals covered by the system:
Applicants for positions with the CFTC.
Categories of records in the system:
Contains the application and/or the resume of the applicant.
Authority for maintenance of the system:
44 U.S.C. 3101.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Information about these records is used in making inquiries
concerning the qualifications of the applicant.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper records in file folders.
Retrievability:
By job announcement number. Summary information of applications
is also available to staff of the Office of Human Resources through
an automated applicant tracking system.
Safeguards:
Lockable cabinets for paper records. Access to applicant tracking
system granted only to appropriate personnel.
Retention and disposal:
Most applicant records are retained for two years, then
destroyed. Job announcements that are filled through examining
authority delegated from the Office of Personnel Management (OPM) are
kept for 5 years, then destroyed.
System manager(s) and address:
Office of Human Resources, 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 FOI, Privacy and Sunshine Acts
Compliance Staff, Commodity Futures Trading Commission, 1155 21st
Street, NW, Washington, DC 20581. Telephone (202) 418-5105.
Record source categories:
The individual on whom the record is maintained.
#..CFTC-9
#....System name:
Exempted Employee Background Investigation Material.
System location:
This system is located in the Office of Human Resources at 1155
21st Street, NW., Washington, DC 20581.
Categories of individuals covered by the system:
Employees and prospective employees of the CFTC.
Categories of records in the system:
Investigatory material complied for the purpose of determining
suitability, eligibility, or qualifications for CFTC employment
obtained under an express promise that the identity of the source
would be held in confidence.
Authority for maintenance of the system:
44 U.S.C. 3101; 5 U.S.C. 552a(k)(5).
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
See ``General Statement of Routine Uses'' except that general
routine use number (3) is not applicable. Disclosure pursuant to the
other routine uses may be subject to the consent of the person
furnishing the information.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper records in file folders.
Retrievability:
By employee name.
Safeguards:
Lockable cabinets in secured offices or buildings.
Retention and disposal:
These records are retained for three years, then destroyed.
System manager(s) and address:
Security Officer, Office of Human Resources, 1155 21st Street,
NW., Washington, DC 20581.
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, 5 U.S.C. 552a(k)(5), and
the Commission's rules promulgated thereunder, 17 CFR 146.12. These
records are exempt from the notification procedures, record access
procedures, and record contest procedures set forth in the system
notices of other record systems, and from the requirement that the
sources of records in the system be described.
#..CFTC-10
#....System name:
Exempted Investigation Records.
System location:
This system is located in the Commission's principal and regional
offices. See ``The Location of Systems of Records.''
Categories of individuals covered by the system:
a. Individuals whom the 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.
b. Individuals whom the staff has reason to believe may have
information concerning violations of the Commodity Exchange Act and
the rules, regulations and orders promulgated thereunder.
c. Individuals involved in investigations authorized by the
Commission concerning the activities of members of the Commission or
its employees based upon formal complaint or otherwise.
d. Individuals filing applications with the Commission for their
own registration or registration of a firm.
Categories of records in the system:
Investigatory materials compiled for law enforcement purposes
whose disclosure the Commission staff has determined could impair the
effectiveness and orderly conduct of the Commission's regulatory and
enforcement program, or compromise Commission investigations. This
system may include all or any part of the records developed during
the investigation or inquiry.
Authority for maintenance of the system:
Section 8 of the Commodity Exchange Act, 7 U.S.C. 12; 44 U.S.C.
3101; 5 U.S.C. 552a(k)(2).
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
See ``General Statement of Routine Uses'' except that general
routine use number (5) is not applicable.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper records in file folders, disks, computer memory, computer
printouts. A summary index of material is also stored on the
computer.
Retrievability:
By assigned case number or case title. Cases filed by number are
cross-indexed by case title.
Safeguards:
In addition to normal office and building security, certain of
these records are maintained in locked file cabinets. All employees
are aware of the sensitive nature of the information gathered during
investigations.
Retention and disposal:
Maintained until exemption is no longer necessary, then returned
to the appropriate nonexempt system.
System manager(s) and address:
Director, Division of Enforcement, except for those records
maintained under the Commission's rules of conduct and the Ethics in
Government Act, for which the General Counsel is the system manager.
See ``The Location of Systems of Records.''
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
record systems, and from the requirement that the sources of records
in the system be described.
#..CFTC-11
Deleted--Incorporated into CFTC-20.
#..CFTC-12
#....System name:
Fitness Investigations.
System location:
Records for floor brokers and floor traders with respect to
matters commenced prior to August 1, 1994: Division of Trading and
Markets, 1155 21st Street, NW, Washington, DC 20581. Records for
futures commission merchants, introducing brokers, commodity pool
operators, commodity trading advisors, their respective associated
persons and principals, with active registration status in any
capacity on or after October 1, 1983; leverage transaction merchants
and their associated persons and principals with active registration
status as such on or after August 1, 1994; floor brokers and floor
traders with active registration status as such on or after August 1,
1994: National Futures Association (NFA), 200 West Madison Street,
Suite 1400, Chicago, Illinois 60606-3447. (See also ``Retention and
Disposal,'' infra.)
Categories of individuals covered by the system:
Persons who have applied or who may apply for registration as
floor brokers, floor traders, as associated persons, and principals
(as defined in 17 CFR 3.1) of futures commission merchants,
introducing brokers, commodity pool operators, commodity trading
advisors and leverage transaction merchants.
Categories of records in the system:
Information pertaining to the fitness of the above-described
individuals to engage in business subject to the Commission's
jurisdiction. The system contains information in computerized and
hardcopy format including registration forms, schedules and
supplements, fingerprint cards, correspondence relating to
registration, and reports and memoranda reflecting information
developed from various sources. In addition, the system contains
records of each fitness investigation.
Authority for maintenance of the system:
Sections 4f(1), 4k(4), 4k(5), 4n(1), 8a(1)-(5), 8a(10), 8a(11),
17(o) and 19 of the Commodity Exchange Act as amended, 7 U.S.C.
6f(1), 6k(4), 6k(5), 6n(1), 12a(1)-(5), 12a(10), 12a(11), 21(o) and
23 (1988 and Supp. IV 1992).
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
The routine uses applicable to all of the Commission's systems of
records, including this system, are set forth under the ``General
Statement of Routine Uses.'' In addition, information contained in
this system of records may be disclosed by the Commission as follows:
1. Information contained in this system of records may be
disclosed to any person with whom an applicant or registrant is or
plans to be associated as an associated person or affiliated as a
principal.
2. Information contained in this system of records may be
disclosed to any registered futures commission merchant with whom an
applicant or registered introducing broker has or plans to enter into
a guarantee agreement in accordance with Commission regulation 1.10
(17 CFR 1.10).
NFA may disclose information contained in those portions of this
system of records, but any such disclosure must be made in accordance
with Commission-approved NFA rules and under circumstances authorized
by the Commission as consistent with the Commission's regulations and
routine uses. No specific consent is required by an applicant or
registered introducing broker to disclosure of information to the
futures commission merchant with whom it has or plans to enter a
guarantee agreement.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper records in file folders, computer memory, computer
printouts, index cards, microfiche.
Retrievability:
By the name of the individual or firm, or by assigned
identification number. Where applicable, the NFA's computer cross-
indexes the individual's file to the name of the futures commission
merchant, introducing broker, commodity trading advisor, commodity
pool operator or leverage transaction merchant with which the
individual is associated or affiliated.
Safeguards:
General office security measures include secured rooms or
premises and, in appropriate cases, lockable file cabinets with
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