[Federal Register Volume 59, Number 21 (Tuesday, February 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2237]


[[Page Unknown]]

[Federal Register: February 1, 1994]


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SMALL BUSINESS ADMINISTRATION

 

Amendment of Privacy Act; System of Records

AGENCY: Small Business Administration.

ACTION: Notice of amendment to agency's system of records pursuant to 
the provisions of the Privacy Act and to open comment period.

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SUMMARY: This notice amends the Small Business Administration's (SBA) 
System of Record 050, EEO Complaint Cases, to add a section explaining 
the exemptions to the Privacy Act which are applicable to that system 
of record. Further, this notice provides for review and comment on the 
addition of the Civil Rights Compliance Files to the Agency's Privacy 
Act System of Records. Finally, this notice adds the addresses of the 
Civil Rights Central Office Duty Stations to Appendix A. These 
additions are in compliance with the Federal Information Resources 
Management Review Program.

DATES: Written comments on these additions to the System of Records 
must be received on or before March 3, 1994. This notice shall be 
effective as proposed without further publication at the end of the 
comment period, unless comments are received which would require a 
contrary determination.

ADDRESSES: Written comments on the System of Records should be directed 
to Beverly K. Linden, Chief, Freedom of Information/Privacy Acts 
Office, U.S. Small Business Administration, 409 Third Street, SW., 
Washington, DC 20416.

FOR FURTHER INFORMATION CONTACT:
Beverly K. Linden, Chief, Freedom of Information/Privacy Acts Office, 
(202) 653-6460.

SUPPLEMENTARY INFORMATION: This publication is in accordance with the 
Privacy Act stipulation that agencies publish their systems in the 
Federal Register when there is a revision, change or addition.
    For the reasons set forth above, the Small Business Administration 
(SBA) is amending its System of Records as follows:

SBA 050  [Amended]

    1. The following information is to be added to the end of System of 
Record 050, EEO Complaint Cases:
    (1) Pursuant to 5 U.S.C. 552a(j)(2), this system of records is 
exempt from the application of all provisions of section 552a except 
sections (b), (c) (1) and (2), (e)(4) (A) through (F), (e) (6), (7), 
(9), (10), (11), and (i) to the extent that it consists of (A) 
information compiled for the purpose of identifying individual criminal 
offenders and alleged offenders and consisting only of identifying data 
and notations of arrests, confinement, release, and parole and 
probation status; (B) information compiled for the purpose of criminal 
investigation, including reports of informants and investigators, and 
associated with an identifiable individual; or (C) reports identifiable 
to an individual compiled at any stage of the process of enforcement of 
the criminal laws from arrest or indictment through release from 
supervision. This system is exempted in order to maintain the efficacy 
and integrity of the Office of Inspector General's criminal law 
enforcement function.
    (2) Pursuant to 5 U.S.C. 552a (k)(2) and (k)(5), except as 
otherwise provided therein, all investigatory material compiled for law 
enforcement purposes for the purpose of determining suitability, 
eligibility, or qualifications for Federal civilian employment, Federal 
contracts, or access to classified information contained in this system 
of records is exempt from sections 3(c)(3), (d), (e)(1), (e)(4) (G) 
through (I) and (f) of the Privacy Act. 5 U.S.C. 552a(c)(3), (d), 
(e)(1), (e)(4) (G) through (I) and (f). This exemption is necessary in 
order to protect the confidentiality of sources of information and to 
maintain access to sources necessary in making determinations of 
suitability for employment.
    2. The following information is to be added to the end of the 
System of Records:
SBA 165
    Civil Rights Compliance Files--SBA 165.
    Central Office and Civil Rights Compliance Central Office Duty 
Stations. See Appendix A for addresses.
    Recipients, conduits and subrecipients of SBA's financial 
assistance. Members of the public who have filed allegations of 
discrimination against recipient businesses, conduits, 8(a) contractors 
or Agency offices/personnel.
    This system of records includes on-site reviews, correspondence, 
supporting documents, interview statements, program files, information 
developed in investigating an allegation of discrimination and other 
information related to the processing of a complaint of discrimination.
    5 U.S.C. 301; 44 U.S.C. 3101; Civil Rights Compliance SOP 90 30 2; 
and 13 CFR parts 112, 113, and 117.
    For internal use only. Disclosure may be made 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.
    Disclosure may be made to the Department of Justice 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 individual capacity 
where the Department of Justice has agreed to represent the employee; 
or
    (d) The United States, where 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 is deemed by the agency to be 
relevant and necessary to the litigation, provided, however, that in 
each case, the agency determines that disclosure of the records to the 
Department of Justice is a use of the information contained in the 
records that is compatible with the purpose for which the records were 
collected.
    Disclosure may be made in a proceeding before a court or 
adjudicative body before which the Agency is authorized to appear, when
    (a) The agency, or any component thereof; or
    (b) Any employee of the Agency is his or her official capacity; or
    (c) Any employee of the Agency in his or her individual capacity 
where the Agency has agreed to represent the employee; or
    (d) The United States, where the Agency determined 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 Agency 
determines that use of such records is relevant and necessary to the 
litigation, provided, however, that in each case, the Agency determines 
that disclosure of the records to a court or other adjudicative body is 
a use of the information contained in the records that is compatible 
with the purpose for which the records were collected.
    These records are maintained in either computer data logs, file 
folders, or binders which are located in file cabinets or on the desk 
of the responsible employee.
    Records are indexed by the Complainant's name, address, city, 
state, zip code and four digit fiscal year/order in which received 
during that fiscal year (four digit number is keyed to Complaint Log 
for that fiscal year).
    Access to and use of these records are limited to those persons 
whose official duties require such access. Personnel screening is 
employed to prevent unauthorized disclosure.
    There is no official Agency policy on retention of these records. 
Most records are maintained indefinitely.
    Privacy Act Officer, Chief, Deputy Chief and Area Civil Rights 
Directors. See Appendix A for addresses.
    An individual may inquire as to whether the system contains a 
record pertaining to them by addressing a request in person or in 
writing to:
    Privacy Act Officer for Central Office Records. (Regardless of 
actual location, all records are considered to be Central Office 
records.)
    In response to a request by an individual to determine whether the 
system contains a record pertaining to them, the Privacy Act Officer 
will set forth the procedures for gaining access to these records. If 
there is no record of the individual, they will be so advised.
    Individuals desiring to contest or amend information maintained in 
the system should direct their request to the official listed in the 
paragraph above, stating the reasons for contesting it and the proposed 
amendment to the information sought.
    Recipient Business reviewed by Civil Rights personnel and 
Complainants.
    (1) Pursuant to 5 U.S.C. 552a(j)(2), this system of records is 
exempt from the application of all provisions of section 552a except 
sections (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), 
(10), (11), and (i) to the extent that it consists of (A) information 
compiled for the purpose of identifying individual criminal offenders 
and alleged offenders and consisting only of identifying data and 
notations of arrests, confinement, release, and parole and probation 
status; (B) information compiled for the purpose of criminal 
investigation, including reports of informants and investigators, and 
associated with an identifiable individual; or (C) reports identifiable 
to an individual compiled at any stage of the process of enforcement of 
the criminal laws from arrest or indictment through release from 
supervision. This system is exempted in order to maintain the efficacy 
and integrity of the Office of Inspector General's criminal law 
enforcement function.
    (2) Pursuant to 5 U.S.C. 552a(k)(2) and (k)(5), except as otherwise 
provided therein, all investigatory material compiled for law 
enforcement purposes for the purpose of determining suitability, 
eligibility, or qualifications for Federal civilian employment, Federal 
contracts, or access to classified information contained in this system 
of records is exempt from sections 3(c)(3), (d), (e)(1), (e)(4)(G) 
through (I) and (f) of the Privacy Act. 5 U.S.C. 552a(c)(3), (d), 
(e)(1), (e)(4)(G) through (I) and (f). This exemption is necessary in 
order to protect the confidentiality of sources of information and to 
maintain access to sources necessary in making determinations of 
suitability for employment.

Appendix A  [Amended]

    3. Add the following to the end of Appendix A:

SBA Civil Rights Compliance Central Office Duty Stations

Region 2 Central Office Duty Station, 26 Federal Plaza, Room 1437A, 
New York, New York 10278
Regions 1 and 3 Central Office Duty Station, 475 Allendale Road, 
Suite 201, King of Prussia, Pennsylvania 19406
Region 4 Central Office Duty Station, One Baltimore Place, NE, Suite 
100, Atlanta, Georgia 30308
Regions 5 and 7 Central Office Duty Station, 300 South Riverside 
Plaza, Suite 1975S, Chicago, Illinois 60606-6611
Regions 6 and 8 Central Office Duty Station, 1114 Commerce Street, 
Room 822, Dallas, Texas 75242
Regions 9 and 10 Central Office Duty Station, 211 Main Street, 4th 
Floor, San Francisco, California 94105.

    Dated: December 6, 1993.
Erskine B. Bowles,
Administrator.
[FR Doc. 94-2237 Filed 1-31-94; 8:45 am]
BILLING CODE 8025-01-M