Privacy Act of 1974; System of Records
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Issuing agencies
Abstract
In accordance with the Privacy Act of 1974 and Office of Management and Budget ("OMB") Circular A-108, the Securities and Exchange Commission ("Commission" or "SEC") is proposing a modification to its system of records notice (SORN), SEC-06, SEC's Financial and Acquisition Management System ("SEC-06"). This proposed update introduces a new routine use to comply with Executive Order (E.O.) 14249, Protecting America's Bank Account Against Fraud, Waste, and Abuse. The change supports enhanced efforts to safeguard federal financial systems and ensure responsible stewardship of public funds. The modified SORN does not change the categories of individuals, the record collection process, the authorities, or the purpose of collection. It also does not affect individuals' rights to access or amend their records under the Privacy Act.
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<title>Federal Register, Volume 90 Issue 244 (Tuesday, December 23, 2025)</title>
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[Federal Register Volume 90, Number 244 (Tuesday, December 23, 2025)]
[Notices]
[Pages 60165-60168]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-23771]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. PA-63; File No. S7-2025-05]
Privacy Act of 1974; System of Records
AGENCY: Securities and Exchange Commission.
ACTION: Notice of a modified system of records.
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SUMMARY: In accordance with the Privacy Act of 1974 and Office of
Management and Budget (``OMB'') Circular A-108, the Securities and
Exchange Commission (``Commission'' or ``SEC'') is proposing a
modification to its system of records notice (SORN), SEC-06, SEC's
Financial and Acquisition Management System (``SEC-06''). This proposed
update introduces a new routine use to comply with Executive Order
(E.O.) 14249, Protecting America's Bank Account Against Fraud, Waste,
and Abuse. The change supports enhanced efforts to safeguard federal
financial systems and ensure responsible stewardship of public funds.
The modified SORN does not change the categories of individuals, the
record collection process, the authorities, or the purpose of
collection. It also does not affect individuals' rights to access or
amend their records under the Privacy Act.
DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this notice is
effective upon publication, subject to a 30-day period in which to
comment on the routine use, described below. Comments may be submitted
on or before January 22, 2026.
ADDRESSES: Comments may be submitted by any of the following methods:
Electronic Comments
<bullet> Use the SEC's internet comment form (<a href="http://www.sec.gov/rules/other.shtml">http://www.sec.gov/rules/other.shtml</a>); or
<bullet> Send an email to <a href="/cdn-cgi/l/email-protection#483a3d242d652b2725252d263c3b083b2d2b662f273e"><span class="__cf_email__" data-cfemail="2052554c450d434f4d4d454e5453605345430e474f56">[email protected]</span></a>. Please include
File Number S7-2025-05 on the subject line.
Paper Comments
<bullet> Send paper comments to: Secretary, Securities and Exchange
Commission, 100 F Street NE, Washington, DC 20549-1090.
All submissions should refer to File Number S7-2025-05. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method of submission. The Commission will post all
comments on
[[Page 60166]]
the Commission's website (<a href="http://www.sec.gov/rules/other.shtml">http://www.sec.gov/rules/other.shtml</a>). Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection.
FOR FURTHER INFORMATION CONTACT: Ronnette McDaniel, Branch Chief,
Privacy and Information Assurance Branch, 202-551-7200 or
<a href="/cdn-cgi/l/email-protection#2656544f5047455f4e434a566655434508414950"><span class="__cf_email__" data-cfemail="d7a7a5bea1b6b4aebfb2bba797a4b2b4f9b0b8a1">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On March 25, 2025, Executive Order 14249 was
issued to modernize federal financial oversight, strengthen controls
over U.S. General Fund transactions, and combat fraud, waste, and
abuse. It consolidates payment systems, mandates electronic
transactions, and enhances accountability in government financial
operations. The E.O. requires federal agencies to overhaul their
financial practices by modernizing payment systems, instituting robust
pre-certification for all payment transactions, and increasing data
sharing with the Department of Treasury (``Treasury'') to prevent fraud
and improper payments. In support of this effort, OMB Memorandum M-25-
32 requires agencies to review and update their System of Records
Notices (SORNs) under the Privacy Act, as relevant and necessary, to
include a new routine use clause that allows for the sharing of records
with the Treasury to review payment and award eligibility through the
Do Not Pay Working System. To ensure compliance with the review and
update requirements outlined in Executive Order 14249 and OMB
Memorandum M-25-32, the Commission conducted a comprehensive review of
its SORN inventory to identify and implement necessary modifications.
The proposed modification to add a new routine use to the identified
SORN, SEC-06, aligns with the Privacy Act and incorporates the new
requirements introduced by OMB Memorandum M-25-32. Accordingly, the
Commission is proposing to modify SEC-06 to add new routine use number
14 as follows:
``To the U.S. Department of the Treasury when disclosure of the
information is relevant to review payment and award eligibility through
the Do Not Pay Working System for the purposes of identifying,
preventing, or recouping improper payments to an applicant for, or
recipient of, Federal funds, including funds disbursed by a state
(meaning a state of the United States, the District of Columbia, a
territory or possession of the United States, or a federally recognized
Indian tribe) in a state-administered, federally funded program.''
The remaining routine uses were previously published.
In accordance with 5 U.S.C. 552a(r), we have provided a report to
OMB and Congress on the proposal to modify the system of records.
SYSTEM NAME AND NUMBER:
SEC-06: SEC's Financial and Acquisition Management System.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
1. Securities and Exchange Commission, 100 F Street NE, Washington,
DC 20549. Files may also be maintained in the Commission's Regional
Offices.
2. Federal Aviation Administration, Mike Monroney Aeronautical
Center, AMZ-740, 6500 S. MacArthur Blvd., Headquarters Bldg. 1,
Oklahoma City, OK 73169.
SYSTEM MANAGER(S):
Chief Financial Officer, Office of Financial Management, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-6041.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
31 U.S.C. 3501, et seq. and 31 U.S.C. 7701(c). Where the employee
identification number is the social security number, collection of this
information is authorized by Executive Order 9397.
PURPOSE(S) OF THE SYSTEM:
Serves as the core financial system and integrates program,
financial and budgetary information. Records are collected to ensure
that all obligations and expenditures other than those in the pay and
leave system are in conformance with laws, existing rules and
regulations, and good business practice, and to maintain subsidiary
records at the proper account and/or organizational level where
responsibility for control of costs exists.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
SEC employees, contractors, vendors, interns, customers and members
of the public.
CATEGORIES OF RECORDS IN THE SYSTEM:
Employee personnel information: Limited to SEC employees, and
includes name, address, Social Security number (SSN); Business-related
information: Limited to contractors/vendors and customers, and includes
name of the company/agency, point of contact, telephone number, mailing
address, email address, contract number, CAGE code, vendor number
(system unique identifier), DUNS number, and TIN, which could be a SSN
in the case of individuals set up as sole proprietors; and financial
information, this includes financial institution name, lockbox number,
routing transit number, deposit account number, account type, debts
(e.g., unpaid bills/invoices, overpayments, etc.), and remittance
address.
RECORD SOURCE CATEGORIES:
The information maintained in Department of Transportation, (DOT)/
Enterprise Service Center (ESC): Purchase orders, vouchers, invoices,
contracts, and electronic records; Department of Interior (DOI)/Federal
Personnel Payroll System (FPPS): travel applications, disgorgement
information, or other paper records submitted by employees, vendors,
and other sources, including claims filed by witnesses in SEC actions;
Delphi-Prism: Fed Traveler, Department of the Interior (DOI) Payroll
System, Bureau of Public Debt, and EDGAR Financial Management System
(EFMS).
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, these records or information contained
therein may specifically be disclosed outside the Commission as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
1. To appropriate agencies, entities, and persons when (1) the SEC
suspects or has confirmed that there has been a breach of the system of
records; (2) the SEC has determined that as a result of the suspected
or confirmed breach there is a risk of harm to individuals, the SEC
(including its information systems, programs, and operations), the
Federal Government, or national security; and (3) the disclosure made
to such agencies, entities, and persons is reasonably necessary to
assist in connection with the SEC's efforts to respond to the suspected
or confirmed breach or to prevent, minimize, or remedy such harm.
2. To other federal, state, local, or foreign law enforcement
agencies; securities self-regulatory organizations; and foreign
financial regulatory authorities to assist in or coordinate
regulatoryor law enforcement activities with the SEC.
[[Page 60167]]
3. In any legal proceeding where the federal securities laws are in
issue or in which the Commission, or past or present members of its
staff, is a party or otherwise involved in an official capacity, and
the SEC has determined that information from this system of records is
relevant and necessary to the litigation and compatible with the
purpose for which the records were collected.
4. To a federal, state, local, tribal, foreign, or international
agency, if necessary to obtain information relevant to the SEC's
decision concerning the hiring or retention of an employee; the
issuance of a security clearance; the letting of a contract; or the
issuance of a license, grant, or other benefit.
5. To produce summary descriptive statistics and analytical
studies, as a data source for management information, in support of the
function for which the records are collected and maintained or for
related personnel management functions or manpower studies; may also be
used to respond to general requests for statistical information
(without personal identification of individuals) under the Freedom of
Information Act.
6. To any persons during the course of any inquiry, examination, or
investigation conducted by the SEC's staff, or in connection with civil
litigation, if the staff has reason to believe that the person to whom
the record is disclosed may have further information about the matters
related therein, and those matters appeared to be relevant at the time
to the subject matter of the inquiry.
7. To interns, grantees, experts, contractors, and others who have
been engaged by the Commission to assist in the performance of a
service related to this system of records and who need access to the
records for the purpose of assisting the Commission in the efficient
administration of its programs, including by performing clerical,
stenographic, or data analysis functions, or by reproduction of records
by electronic or other means. Recipients of these records must agree to
comply with the provisions of the Privacy Act of 1974, as amended, 5
U.S.C. 552a.
8. To a Congressional office from the record of an individual in
response to an inquiry from the Congressional office made at the
request of that individual.
9. To members of Congress or others charged with monitoring the
work of the Commission or conducting records management inspections.
10. To a commercial contractor in connection with benefit programs
administered by the contractor on the Commission's behalf, including,
but not limited to, supplemental health, dental, disability, life and
other benefit programs.
11. To the OMB in connection with the review of private relief
legislation as set forth in OMB Circular A-19 at any stage of the
legislative coordination and clearance process as set forth in that
circular.
12. To the Treasury or other appropriate agencies to provide
appropriate audit documentation.
13. To another Federal agency or Federal entity, when the SEC
determines that information from this system of records is reasonably
necessary to assist the recipient agency or entity in (1) responding to
a suspected or confirmed breach or (2) preventing, minimizing, or
remedying the risk of harm to individuals, the recipient agency or
entity (including its information systems, programs, and operations),
the Federal Government, or national security, resulting from a
suspected or confirmed breach.
14. To the U.S. Department of the Treasury when disclosure of the
information is relevant to review payment and award eligibility through
the Do Not Pay Working System for the purposes of identifying,
preventing, or recouping improper payments to an applicant for, or
recipient of, Federal funds, including funds disbursed by a state
(meaning a state of the United States, the District of Columbia, a
territory or possession of the United States, or a federally recognized
Indian tribe) in a state-administered, federally funded program.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained in electronic and paper format. Electronic
records and data are stored in electronic media via a configuration of
government servers. Physical records are maintained in hard-copy, paper
format in secure filing cabinets, office spaces, and storage locations,
including Federal Records Centers.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by a name of employee, social security
number (SSN) for employees, SSN/Tax Identification Number (TIN) for
vendors doing business with the SEC, Name for both employees and
vendors, Central Index Key (CIK) (system unique) for both employees and
vendors, DUNS/DUNS + 4.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
These records will be maintained until they become inactive, at
which time they will be retired or destroyed in accordance with records
schedules of the United States Securities and Exchange Commission and
as approved by the National Archives and Records Administration.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Access to SEC facilities, data centers, and information or
information systems is limited to authorized personnel with official
duties requiring access. SEC facilities are equipped with security
cameras and 24-hour security guard service. The records are kept in
limited access areas during duty hours and in locked file cabinets and/
or locked offices or file rooms at all other times. Computerized
records are safeguarded in a secured environment. Security protocols
meet the promulgating guidance as established by the National Institute
of Standards and Technology (NIST) Security Standards from Access
Control to Data Encryption and Security Assessment & Authorization
(SA&A).
Records are maintained in a secure, password-protected electronic
system that will utilize commensurate safeguards that may include:
firewalls, intrusion detection and prevention systems, and role-based
access controls. Additional safeguards will vary by program. All
records are protected from unauthorized access through appropriate
administrative, operational, and technical safeguards. These safeguards
include: restricting access to authorized personnel who have a ``need
to know''; using locks; and password protection identification
features. Contractors and other recipients providing services to the
Commission shall be required to maintain equivalent safeguards.
RECORD ACCESS PROCEDURES:
Persons wishing to obtain information on the procedures for gaining
access to or contesting the contents of these records may submit a
request online at <a href="http://www.sec.gov">www.sec.gov</a> or contact the FOIA/PA Officer,
Securities and Exchange Commission, 100 F Street NE, Washington, DC
20549-2736.
CONTESTING RECORD PROCEDURES:
See Record Access Procedures above.
NOTIFICATION PROCEDURES:
All requests to determine whether this system of records contains a
record pertaining to the requesting individual may be requested online
at <a href="http://www.sec.gov">www.sec.gov</a> or directed to the FOIA/PA Officer, Securities and
Exchange Commission, 100 F Street NE, Washington, DC 20549-2736.
[[Page 60168]]
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
This SORN was last published in full in the Federal Register at 40
FR 39253 (August 27, 1975). Subsequent notices of revision can be found
at the following citations:
--41 FR 5318 (February 5, 1976)
--41 FR 11631 (March 19, 1976)
--41 FR 41550 (September 22, 1976)
--42 FR 36333 (July 14, 1977)
--46 FR 63439 (December 31, 1981)
--59 FR 27626 (May 27, 1994)
--62 FR 47884 and 47885 (September 11, 1997)
--63 FR 11938 (March 11, 1998)
--77 FR 16569 (March 21, 2012)
--85 FR 85440 (January 27, 2021)
By the Commission.
Dated: December 19, 2025.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2025-23771 Filed 12-22-25; 8:45 am]
BILLING CODE 8011-01-P
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</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.