[Federal Register Volume 69, Number 175 (Friday, September 10, 2004)]
[Notices]
[Pages 54823-54824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20315]


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SMALL BUSINESS ADMINISTRATION


Privacy Act System of Records Notice

AGENCY: Small Business Administration.

ACTION: Notice of new system of records.

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SUMMARY: The Small Business Administration (SBA) is adding a new system 
of records to the Agency's Privacy Act System of Records. The new 
system is called ``Servicing and Contract System/Minority Enterprise 
Development Headquarters Repository (SACS/MDHR). The first purpose is 
to collect confidential business and financial information used to 
determine if applicants and current 8(a) participants are in compliance 
with statutory and regulatory requirements for continued program 
participation. This electronic system uses information collected on SBA 
forms and other financial information such as participant and business 
net worth (collected from personal financial statements and business' 
balance sheets). The SBA forms have previously been approved by OMB and 
used as a vehicle to collect 8(a) participant information. Some of this 
information is entered into the SACS/MEDHR System.

DATES: The new system will be effective immediately without further 
notice unless comments are received that result in a need for 
modification.

ADDRESSES: Address comments to Michael P. McHale, Associate 
Administrator, HUBZone Program, Small Business Administration, 409 3rd 
Street, SW., Suite 5900, Washington, DC 20416.

FOR FURTHER INFORMATION CONTACT: Michael P. McHale, Associate 
Administrator, HUBZone Program, (202) 205-6731.
SMALL BUSINESS ADMINISTRATION

System Name:
    Servicing and Contracts System/Minority Enterprise Development 
Headquarters Repository--SBA 180.

System Location:
    SBA Headquarters and all SBA district offices. See Appendix A.

Categories of Individuals Covered by the System Include:
    Applicants and program participants in SBA's 8(a) Business 
Development program (8(a)).

Categories of Records in the System Include:
    8(a) Business Development program applications, business 
development working files, business plan files and contract files 
containing personal and financial information.

Authority for Maintenance of the System:
    Public Law 100-656, Small Business Act 15 U.S.C. 636, section (j) 
(Technical and Management Assistance); Public Law 100-656, 15 U.S.C. 
637, section 8(a) (Business Development).

Purpose:
    To collect confidential business and financial information used to 
determine if applicants and current 8(a) participants are in compliance 
with statutory and regulatory requirements for continued eligibility 
for program participation. This information facilitates the Agency in 
carrying out the functions of the Office of 8(a) Business Development.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses, These Records May Be Used, 
Disclosed, or Referred:
    a. To a Congressional office, when the office is inquiring on the 
individual's behalf; the Member's access rights are no greater than the 
individual's.
    b. To Agency volunteers, interns, grantees, experts and contractors 
who have been engaged by the Agency to assist in the performance of a 
service related to this system or records and who need access to the 
records in order to perform this activity. Recipients of these records 
shall be required to comply with the requirements of the Privacy Act of 
1974, as amended, 5 U.S.C. 552a.
    c. To the Federal, state, local or foreign agency or professional 
organization which investigates, prosecutes, or enforces violation or 
potential violation of law, arising by general or program statute, or 
by regulation, rule, or order.
    d. To the Department of Justice (DOJ) when any of the following is 
a party to litigation or has an interest in such litigation, and the 
use of such records by the DOJ is deemed by the agency to be relevant 
and necessary to the litigation, provided, however, that in each case, 
the agency determines the disclosure of the records to the DOJ is a use 
of the information contained in the records that is compatible with the 
purpose for which the records were collected:
    (1) The agency, or any component thereof;
    (2) Any employee of the agency in his or her official capacity;
    (3) Any employee of the agency in his or her individual capacity 
where the DOJ has agreed to represent the employee; or
    (4) The United States Government, where the agency determines that 
litigation is likely to affect the agency or any of its components.
    e. In a proceeding before a court, or adjudicative body, or a 
dispute resolution body before which the agency is authorized to appear 
or before which any of the following is a party to litigation or has an 
interest in litigation, provided, however, that the agency determines 
that the use of such records is relevant and necessary to the 
litigation, and 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:

[[Page 54824]]

    (1) The agency, or any component thereof;
    (2) Any employee of the agency in his or her official capacity;
    (3) Any employee of the agency in his or her individual capacity 
where the DOJ has agreed to represent the employee; or
    (4) The United States Government, where the agency determines that 
litigation is likely to affect the agency or any of its components.

Policies and Practices for Storage, Retrieval, Access, Retention and 
Disposal of Records:
Storage:
    Electronic database records reside on the SBA secured mainframe 
system.

Retrieval:
    Name of individual and business name.

Safeguards:
    Access and use is limited to persons whose official duties 
designate such a need; personnel screening by password is used to 
prevent unauthorized disclosure.

Retention and Disposal:
    The 8(a) Business Development program adheres to the SBA's Records 
Management Program's Standard Operating Procedures (SOP 00 41 2), in 
particular, Records Group 80. Records Group 80 states that 8(a) 
subcontracts are destroyed 6 years and 3 months after cutoff; 8(a) 
business plan files are destroyed 6 years and 3 months after cutoff; 
and miscellaneous business plan files (non-record subject material) are 
destroyed 2 years after cutoff.

System Manager(s) and Address:
    PA Officer, Associate Administrator for 8(a) Business Development 
and the Field Office Systems Manager. See Appendix A.

Notification Procedures:
    An individual, who is inquiring whether the System of Records 
contain information about him or her, may submit a record inquiry 
either in person or in writing to the PA Officer, Associate 
Administrator for 8(a) Business Development or, Field Office Systems 
Manager.

Access Procedures:
    PA Officer or Field Office Systems Manager will determine 
procedures.

Contesting Procedures:
    Individuals seeking to contest or amend information contained in 
this system of records should contact the system manager listed above, 
state the reason(s) for contesting the record and the proposed 
amendment sought.

Record Source Categories:
    Small business concerns who have applied to or are participants in 
the 8(a) Business Development program.

Delorice P. Ford,
Senior Privacy Act Official.
[FR Doc. 04-20315 Filed 9-9-04; 8:45 am]
BILLING CODE 8025-01-P