[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: 94-2238]


[[Page Unknown]]

[Federal Register: February 1, 1994]


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SMALL BUSINESS ADMINISTRATION

13 CFR Part 102

 

Disclosure of Information and Privacy Act of 1974

AGENCY: Small Business Administration.

ACTION: Final rule.

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SUMMARY: This final rule will amend the Small Business Administration 
(SBA) regulation which lists the Agency's Systems of Records that are 
specifically exempted from designated sections of the Privacy Act of 
1974, 5 U.S.C. 552a. SBA is amending these regulations to reflect 
revisions to SBA's Systems of Records.

DATES: This rule is effective February 1, 1994.

FOR FURTHER INFORMATION CONTACT: Beverly K. Linden, Chief, Freedom of 
Information/Privacy Acts Office, U.S. Small Business Administration, 
409 Third Street, SW. Washington, DC 20416, (202) 653-6460.

SUPPLEMENTARY INFORMATION: SBA is hereby amending its regulations which 
delineate those Systems of Record which are specifically exempted from 
designated provisions of the Privacy Act of 1974, 5 U.S.C. 552a. 
Specifically, SBA is amending 13 CFR 102.35 to update those Systems 
which are currently included in the Code of Federal Regulations and to 
add two new Systems of Record to that list. These amendments reflect 
recent revisions to the Agency's System of Records.
    Due to the fact that this rule governs matters of agency 
organization, management, and personnel and makes no substantive change 
to the current regulation, SBA is not required to determine if this 
rule constitutes a major rule for purposes of Executive Order 12291, to 
determine if it has a significant economic impact on a substantial 
number of small entities pursuant to the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.), to do a Federalism Assessment pursuant to 
Executive Order 12612, or to determine if this rule imposes an annual 
recordkeeping or reporting requirement on 10 or more persons under the 
Paperwork Reduction Act (44 U.S.C. ch. 35). For purposes of Executive 
Order 12778, SBA certifies that this rule is drafted, to the extent 
practicable, in accordance with the standards set forth in section 2 of 
that Order.
    SBA is publishing this rule governing agency organization, 
practice, and procedure as a final rule without opportunity for public 
comment pursuant to 5 U.S.C. 553(b)(A).

List of Subjects in 13 CFR Part 102

    Freedom of information, Privacy.

    For the reasons set out in the preamble, part 102 of title 13, Code 
of Federal Regulations is amended as follows:

PART 102--[AMENDED]

    1. The authority citation for part 102 continues to read as 
follows:

    Authority: The Freedom of Information Act (5 U.S.C. 552), as 
amended; the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); the 
Privacy Act of 1974 (5 U.S.C. 552a); 18 U.S.C. 4203 (a)(1); the 
Budget and Accounting Act of 1921 (31 U.S.C. 1 et seq.); the Budget 
and Accounting Procedures Act (31 U.S.C. 67 et seq.); Executive 
Order 12600, 52 FR 23781 (1987).

    2. Section 102.35(a), is revised to read as follows:


Sec. 102.35  Specific exemptions.

    (a) Systems of records subject to investigatory material exemption 
under 5 U.S.C. 552a(k)(2), or 5 U.S.C. 552a(k)(5), or both.
    (1) Audit Reports--SBA 015, a system containing investigations 
concerning the use of funds by recipients of disaster home loans;
    (2) EEO Complaint Cases Files--SBA 050, a system containing 
information concerning Equal Employment Opportunity complaint cases;
    (3) Litigation and Claims File--SBA 070, a system containing 
information concerning recipients of disaster home loans and other 
individuals who are parties to lawsuits or claims involving SBA;
    (4) Personnel Security Files--SBA 100, a system containing 
background information on active and inactive SBA employees;
    (5) Security and Investigations Files--SBA 120, a system which 
contains information on individuals seeking or receiving SBA 
assistance, individuals involved in businesses or other organizations 
seeking or receiving such assistance, representatives of applicants for 
SBA assistance, members of advisory councils, and SCORE/ACE volunteers. 
This system also includes information relating to referrals for 
investigation of possible misconduct by SBA employees, and individuals 
involved in seeking or obtaining SBA assistance;
    (6) Standard of Conduct Files--SBA 140, a system containing 
information concerning outside employment and financial interests of 
SBA employees, conduct of SBA employees, and related matters; and
    (7) Civil Rights Compliance Files--SBA 165, a system containing 
information developed in investigating an allegation of discrimination 
and other information related to the processing of a complaint of 
discrimination.
* * * * *
    Dated: December 6, 1993.
Erskine B. Bowles,
Administrator.
[FR Doc. 94-2238 Filed 1-31-94; 8:45 am]
BILLING CODE 8025-01-M