[Federal Register Volume 70, Number 111 (Friday, June 10, 2005)]
[Notices]
[Pages 33930-33932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11458]


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SMALL BUSINESS ADMINISTRATION


Privacy Act of 1974 System of Records Notice

AGENCY: U.S. Small Business Administration.

ACTION: Notice of a revised system of record.

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SUMMARY: The U.S. Small Business Administration (SBA or Agency) is 
revising the Agency's Privacy Act System of Records for SBA's federal 
advisory councils. This document provides notice to the public on SBA's 
maintenance, use and safeguard of personal information submitted to the 
Agency by individuals nominated to serve as members on SBA's federal 
advisory councils.

DATES: This system is active July 11, 2005, unless comments are 
received that result in a need for modification.

ADDRESSES: Send comments to Matthew K. Becker, White House Liaison & 
Committee Management Officer, Office of the Administrator, U.S. Small 
Business Administration, 409 Third Street, SW., 7th Floor, Washington, 
DC 20416; Phone: (202) 205-6882; Fax: (202) 481-0906; E-mail: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Donna Wood, Committee Management 
Specialist, (202) 619-1608; [email protected].


System Name:
    ADVISORY COUNCIL FILES--SBA 3.

SYSTEM LOCATION:
    SBA Headquarters, 409 Third Street SW., 7th floor, Washington, DC 
20416.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals currently serving as members on SBA's federal advisory 
councils and individuals who formerly served.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The system contains completed SBA Forms 898 submitted by 
individuals nominated to serve as members on SBA's federal advisory 
councils. The form requests current personal and business contact 
information, birthplace and date of birth, and information on the 
current status or history of application for SBA assistance or actual 
receipt of it. The system may also contain nominees' professional 
resumes and other correspondence.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    15 U.S.C. 637(b)(13), 648(i)(1), 657(c), Section 203, 7510-10; Pub. 
L. 106-50; and 44 U.S.C. 3101.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES, THESE RECORDS MAY BE USED BY, 
DISCLOSED OR REFERRED TO:
    a. Appointed liaisons in SBA program offices, including but not 
limited to:
    (1) Office of Government Contracting;
    (2) Investment Division;
    (3) Office of Financial Assistance;
    (4) Office of Procurement and Grants Management;
    (5) Office of Inspector General;
    (6) Office of Strategic Alliances; and
    (7) Office of General Counsel.
    The purpose of the disclosure is to facilitate the performance of 
the appointed liaisons' duty to determine whether the program office 
has any information pertaining to a past or

[[Page 33931]]

current relationship between the nominee and SBA and to provide such 
information to the SBA's Committee Management Officer who vets nominees 
for conflict of interest or the appearance of conflict of interest in 
accordance with SOP 90 54 5, Chapter 7.
    b. Member of Congress or his/her staff when the Member is inquiring 
on the individual's behalf, provided that the Agency determines the 
disclosure of the records is a use of the information contained in the 
records that is compatible with the purpose for which the information 
was collected. Under these circumstances, the Member's access rights 
are no greater than the individual's rights.
    c. 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 of 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, in accordance with their employment contracts.
    d. 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/her official capacity;
    (3) Any employee of the agency in his/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. A court, or adjudicative body, or a dispute resolution body 
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:
    (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 like to affect the agency or any of its components.

Policies and Practices for Storing, Retrieving, Accessing, Retaining 
and Disposing of Records:
Storage:
    Paper files only.

Retrieval:
    Records are organized according to advisory council and retrievable 
by the name of the current and former member.

Safeguards:
    Access to SBA Headquarters is controlled and monitored by security 
personnel. Access to SBA program offices is limited to SBA employees 
with key cards. Records are maintained in locked files located in 
locked rooms. Access to records is limited to persons whose official 
duties require access to the information contained in the records.

Retention and Disposal:
    Permanent records are maintained for 2 years and then transferred 
to the Federal Records Center in accordance with SOP 00 41 2, Appendix 
24, 95:01.

Systems Manager(s) and Address:
    Committee Management Officer, Office of the Administrator, U.S. 
Small Business Administration, 409 Third Street SW., 7th floor, 
Washington, DC 20416.

Notification Procedure:
    If you want to determine whether your personal information is 
maintained in this system of records, send a request in writing to 
inspect relevant records to the Committee Management Officer, Office of 
the Administrator, U.S. Small Business Administration, 409 Third Street 
SW., 7th floor, Washington, DC 20416.

Access Procedures:
    The CMO will make relevant records available for inspection upon 
written request, with sufficient notice as determined by the CMO, 
during normal business hours.

Contesting Procedures:
    Contact the CMO using notification procedures listed above and 
state reason(s) for contesting his or her findings and the proposed 
amendment sought.

Source Categories:
    Record subject, Congressional offices, Agency employees, Media, 
Advisory Council members, Federal Register.

    Dated: June 2, 2005.
Delorice P. Ford,
Senior Privacy Official.

Altered System of Records; Narrative Statement; U.S. Small Business 
Administration; Privacy Act System of Records 3

    1. Purpose. The purpose of revising Privacy Act System of Records 3 
(System) is to clarify the categories of records in the System and 
categories of individuals covered by the System, update policies and 
practices for storing, retrieving, accessing, retaining and disposing 
of records, and add a routine use to the System.
    2. Authority. SBA's authority for collecting, maintaining, and 
using the information contained in this System is found in the 
following statutory provisions: 15 U.S.C. 637(b)(13), 648(i)(1), 
657(c), 7105-10, Sec. 203 Pub. L. 106-50, and 44 U.S.C. 3101.
    3. Potential Effect on the Privacy of Individuals. Categories of 
individuals covered by this System are individuals currently serving as 
members on SBA's federal advisory councils and individuals who formerly 
served. The additional routine use announced in this notice, which 
permits disclosure of information contained in this System to appointed 
liaisons in SBA program offices for the purpose of the vetting the 
individual for conflict of interest with SBA, will have a minimal 
effect on those categories of individuals. The SBA employees appointed 
to serve as liaisons are required to protect any personal information 
in accordance with the Privacy Act of 1974, as amended.
    4. Minimizing the Risk of Unauthorized Access to System. SBA has 
taken steps to minimize the risk of unauthorized access to the System 
by restricting access to SBA Headquarters and SBA program offices and 
by securing the records with lock and key.
    5. Compatibility Requirement. The proposed routine use of records 
in this System satisfies the Privacy Act's compatibility requirement, 5 
U.S.C. 552a(a)(7), as it is a ``collection, or grouping of information 
about an individual that is maintained by an agency'' and ``contains 
his name, or social security number, business address, personal 
address, or other

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identifying particular assigned to the individual.''
    6. OMB-Approved, Information Collections Contained in the System. 
SBA Form 898, U.S. Small Business Administration Advisory Committee 
Membership--Nominee Information, OMB control number is 3245-0124.

[FR Doc. 05-11458 Filed 6-9-05; 8:45 am]
BILLING CODE 8025-01-P