[Federal Register Volume 79, Number 92 (Tuesday, May 13, 2014)]
[Notices]
[Pages 27280-27282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10961]


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DEPARTMENT OF COMMERCE

[Docket No. 140421355-4355-01]


Privacy Act of 1974; New System of Records

AGENCY: Office of the Chief Financial Officer/Assistant Secretary for 
Administration, BusinessUSA, Office of the Secretary, Department of 
Commerce.

ACTION: Notice of a New Privacy Act System of Records; COMMERCE/
DEPARTMENT-24, BusinessUSA Intellectual Hosting Service Application and 
Satisfaction Survey Records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, Title 
5 United States Code (U.S.C.) 552(e)(4) and (11); and Office of 
Management and Budget (OMB) Circular A-130, Appendix I, ``Federal 
Agency Responsibilities for Maintaining Records About Individuals,'' 
the Department of Commerce is issuing this notice of its intent to 
establish a new system of records entitled COMMERCE/DEPARTMENT-24, 
BusinessUSA Intellectual Hosting Service Application and Satisfaction 
Survey Records (BUSA IHSA & SSR). This action is being taken to update 
the Privacy Act notice and Department of Commerce, Notice to Amend All 
Privacy Act System of Records. We invite the public to comment on the 
items noted in this publication.
    BusinessUSA (BUSA) is a gateway to business resources for U.S. 
small businesses and exporters. Its mission is to serve America's 
businesses by providing easy access to government resources and 
opportunities, and by efficiently providing consistent, timely, 
relevant, accurate, complete, and trustworthy information to help them 
succeed. BUSA strives to provide a seamless and effective customer 
experience where businesses can discover, locate, access, and use 
applicable resources. To accomplish BUSA's mission, this system of 
records will maintain information on customers (defined as individuals 
and businesses) who request information or assistance through BUSA's 
multi-channel approach as facilitated by BUSA's Intellectual Hosting 
Service Application and Satisfaction Survey Records. It will be 
accessible only to a limited number of approved entities, as explained 
in greater detail below.

DATES: To be considered, written comments must be submitted on or 
before June 12, 2014.
    Unless comments are received, the new system of records will become 
effective as proposed on the date of publication of a subsequent notice 
in the Federal Register.

ADDRESSES: You may submit written comments by any of the following 
methods:
    Email: [email protected]. Include ``Privacy Act 
COMMERCE/DEPARTMENT-24, BUSA IHMS & SSR'' in the subtext of the 
message.
    Fax: (202) 501-4693, marked to the attention of Mr. Efrain 
Gonzalez, Jr.
    Mail: Mr. Efrain Gonzalez, Jr., BusinessUSA, U.S. Department of 
Commerce, 1401 Constitution Ave. NW., Room 2830, Washington, DC 20230.
    Federal Rulemaking Portal: http://www.regulations.gov.
    All comments received will be available for public inspection at 
the Federal rulemaking portal located at www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Efrain Gonzalez, Jr., Chief 
Financial Officer/Chief Administrative Officer, BusinessUSA, U.S. 
Department of Commerce 1401 Constitution Ave. NW., Room 2830, 
Washington, DC 20230, (202) 482-6407.

SUPPLEMENTARY INFORMATION: This notice announces the Department of 
Commerce's proposal for a new system of records under the Privacy Act 
of 1974 for BUSA.
    The BUSA IHSA SSR is a new system that manages the customer-to-
resource interaction. It connects customers with programs, resources, 
data, points of contact, and other relevant information to help 
businesses grow. BUSA makes it easier for businesses to find the 
answers and assistance they need quickly through a multi-channel 
approach (including contact center, Web site, email and social media) 
that is facilitated by BUSA's Intellectual Hosting Service Application 
and Satisfaction Survey Records. BUSA serves as a central point of 
contact to exchange information among Federal, state, regional and 
local entities involved in the provision of business enterprise 
assistance. BUSA aims to provide a single customer experience for 
America's businesses when entering the Federal gateway by removing the 
redundancy of multiple contacts and access to difference Federal 
resource areas, while ensuring customers are properly referred to best 
suited resources in a timely manner.
    BUSA will ensure a safe and secure environment for America's 
businesses by providing security controls and privacy that will enable 
integrity, availability and confidentiality. BUSA will sustain a 
comprehensive framework that provides ubiquitous access to government 
information and services to help grow American businesses. BUSA will: 
(a) Capture key business characteristics from U.S. small businesses and 
exporters; and (b) capture resource summary information and relevant 
point of contact from resource providers and local business assistance 
organizations. This information will be used to make informed referrals 
to appropriate resource providers, business assistance organizations 
and programs. BUSA will analyze trends and solicit feedback from the 
businesses about what programs and services they find most valuable and 
their preferred delivery mechanisms. BUSA will use business community 
feedback to provide business intelligence solutions for evolving 
technology to improve business customers' request and experience with 
the Federal government.
    This new system of records will be accessible only to BUSA internal 
staff, BUSA Federal partner agencies and bureaus, and cloud-based 
solution provider. Information will be disclosed on a need to know 
basis. The system of records may be accessible on a limited basis to 
resource providers and local business assistance organizations. The 
system of records is designed to record: (1) Customer biographical 
information (see Categories of Individuals Covered by the System); (2) 
business resource summary information and relevant points of contact 
(see Categories of Individuals Covered by the System); (3) referrals to 
Federal partner programs, resources, data, and other relevant business-
focused information; and (4) customer responses to service 
satisfaction. Information collected in this system of records is basic, 
non-proprietary business and biographical information. Information 
collected is used to match customer inquiry and/or request with best 
resource available. No private or proprietary data will be collected 
and/or stored by this system.
COMMERCE/DEPARTMENT-24

SYSTEM NAME:
    COMMERCE/DEPARTMENT-24, BusinessUSA Intellectual Hosting Service 
Application and Satisfaction Survey Records

SECURITY CLASSIFICATION:
    None

[[Page 27281]]

SYSTEM LOCATION:
    BusinessUSA, U.S. Department of Commerce, 1401 Constitution Ave. 
NW., Room 2830, Washington, DC 20230.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    (a) Customer Biographical Information; and, (b) Resource Provider 
and Local Business Assistance Organization Information.

CATEGORIES OF RECORDS IN THE SYSTEM:
    For (a) Customer Biographical Information Category--individual 
customer name, company name, personal or business email address, 
personal or business telephone number, personal or business mailing 
address, data and time of contact, customer service agent name, 
customer number, industry, contact type, year(s) in business, size of 
firm, company Web site (URL), ownership, years in exporting, countries 
exported to, number of employees, annual revenue, service need, 
customer request, service resolution, contact experience, service 
satisfaction, service recommendation(s)/referral(s), contact 
preference, and desire to be contacted to discuss survey results; and 
for (b) Resource Provider and Local Business Assistance Organization 
Information Category--submitter name, submitter email address, resource 
name, resource summary description, name of resource point of contact 
(POC), POC email, and POC telephone.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    15 U.S.C. 1512

PURPOSES:
    The purpose of this system is to assemble in one system the 
necessary information to assist customers in connecting with business 
assistance services, programs, data and other resources in a larger 
effort to help the economy by supporting U.S. small businesses and 
exporters grow and create jobs. Some of these customers would be 
individuals proposing to start a business. This system serves as a 
controlled repository for customer data and available business resource 
summary information. BUSA uses this information to monitor its 
performance, provide customer information to Federal agency and bureau 
partners, and Federal partners' sponsored organizations to further 
serve the customer, and to obtain customer feedback concerning their 
service experience and the level of satisfaction provided by BUSA and 
the serving agency.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    These records may be disclosed as follows:
    1. In the event that a system of records maintained by the DOC to 
carry out its functions indicates a violation or potential violation of 
law or contract, whether civil, criminal or regulatory in nature, and 
whether arising by general statute or particular program statute or 
contract, or rule, regulation, or order issued pursuant thereto, or the 
necessity to protect an interest of the DOC and Federal partners, the 
relevant records in the system of records may be referred to the 
appropriate agency, whether Federal, state, local or foreign, charged 
with the responsibility of investigating or prosecuting such violation 
or charged with enforcing or implementing the statute or contract, or 
rule or order issued pursuant thereto, or protecting the interest of 
the DOC.
    2. A record from this system of records may be disclosed to BUSA 
Federal agency and bureau partners including: the Department of 
Commerce (DOC), Small Business Administration (SBA), Department of 
Defense (DOD), Department of Veteran Affairs (VA), U.S. Environmental 
Protection Agency (EPA), U.S. Housing and Urban Development (HUD), 
Department of Health and Human Services (HHS), General Services 
Administration (GSA), United States Department of Agriculture (USDA), 
Department of Energy (DOE), Office of Management and Budget (OMB), 
Department of State, Export/Import Bank, Overseas Private Investment 
Corporation (OPIC), Department of Transportation (DOT), Department of 
Treasury, Department of Justice (DOJ), National Science Foundation 
(NSF), U.S. Trade Development Agency (USTDA), Department of Education, 
Department of Labor (DOL), Department of Interior (DOI), Department of 
Homeland Security (DHS), and the National Aeronautical and Space 
Administration (NASA) in connection with the assignment, based on 
customer need, and programs for the purpose of linking American 
businesses to available government business resources.
    3. A record from this system of records may be disclosed to Federal 
partners' sponsored organizations, including Federal grantees and/or 
certified organizations involved in business development efforts and 
assistance such as: DOC's National Institute of Standards and 
Technology (NIST) Hollings Manufacturing Extension Partnership (MEP) 
Centers, DOC's NIST Manufacturing Technology Acceleration Centers 
(MTAC), DOC's Economic Development Administration (EDA) University 
Centers, DOC's Minority Business Development Agency (MBDA) Business 
Centers, Native American Business Enterprise Centers and Procurement 
Assistance Centers, DOC's International Trade Administration (ITA) 
Trade Promotion Coordinating Committee (TPCC), DOD's Procurement 
Technical Assistance Centers (PTAC), SBA's Small Business Development 
Centers (SBDC), Small Business and Technology Development Centers 
(SBTDC), Women Business Centers (WBC), Veteran Business Outreach 
Centers (VBOC), Service Corps of Retired Executives (SCORE), DOT's 
Small Business Transportation Resource Centers (SBTRC), and Treasury's 
Community Development Financial Institutions (CDFI), in connection with 
the assignment, based on customer need, and programs for the purpose of 
linking American businesses to available business resources.
    4. A record from this system of records may be disclosed to partner 
state governments, local governments, Non-Profit business development 
and assistance organizations, in connection with the assignment, based 
on customer need, and programs for the purpose of linking American 
businesses to available business resources.
    5. A record in this system of records may be disclosed to a Member 
of Congress submitting a request involving an individual when the 
individual has requested assistance from the Member with respect to the 
subject matter of the record.
    6. A record in this system of records may be disclosed to the 
Department of Justice in connection with determining whether disclosure 
thereof is required by the Freedom of Information Act (5 U.S.C. 552).
    7. A record in this system of records may be disclosed to a 
contractor of the DOC having need for the information in the 
performance of the contract, but not operating a system of records 
within the meaning of 5 U.S.C. 552a(m).
    8. A record from this system of records may be disclosed to the 
Administrator, General Services Administration (GSA), or his/her 
designee, during an inspection of records conducted by GSA as part of 
that agency's responsibility to recommend improvements in records 
management practice and programs, under the authority of 44 U.S.C. 2904 
and 2906. Such disclosure shall be made in accordance with the GSA 
regulations governing inspection of records for this purpose, and any 
other relevant (i.e. GSA or Commerce)

[[Page 27282]]

directive. Such disclosure shall not be used to make determinations 
about individuals.
    9. A record from this system of records may be disclosed in the 
course of presenting evidence to a court, magistrate or administrative 
tribunal, including disclosures to opposing counsel in the course of 
settlement negotiations.
    10. A record in this system of records may be disclosed, as a 
routine use, to appropriate agencies, entities and persons when (1) it 
is suspected or determined that the security or confidentiality of 
information in the system of records has been compromised; (2) the DOC 
has determined that as a result of the suspected or confirmed 
compromise there is a risk of harm to economic or property interests, 
identity theft or fraud, or harm to the security or integrity of this 
system or whether systems or programs (whether maintained by the DOC or 
another agency or entity) that rely upon the compromised information; 
and (3) the disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with the DOC's efforts to 
respond to the suspected or confirmed compromise and to prevent, 
minimize, or remedy such harm.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    Not applicable.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
    STORAGE: On electronic digital media in encrypted format within a 
controlled environment, and accessed only by authorized personnel.
    RETRIEVABILITY: By individual's name, business name or other 
identifier such as email address or telephone number.
    SAFEGUARDS: Maintained in areas accessible only to authorized 
personnel in a building protected by security guards. System is 
password protected and is FIPPS 199 compliant. System adheres to a 
Moderate security rating.
    RETENTION AND DISPOSAL: All records shall be retained and disposed 
of in accordance with Department directives and series records 
schedule.

SYSTEM MANAGER(S) AND ADDRESS:
    System Administrator, BusinessUSA, U.S. Department of Commerce, 
1401 Constitution Ave. NW., Washington, DC 20230.

NOTIFICATION PROCEDURE:
    An individual requesting notification of existence of records on 
himself or herself should send a signed, written inquiry to the U.S. 
Department of Commerce, Freedom of Information and Privacy Act Office 
at 1401 Constitution Ave. NW., Room A300, Washington, DC 20230. The 
request letter should be clearly marked, ``PRIVACY ACT REQUEST.'' The 
written inquiry must be signed and notarized or submitted with 
certification of identity under penalty of perjury. Requesters should 
reasonable specify the record contents being sought.

RECORD ACCESS PROCEDURES:
    An individual requesting access to records on himself/herself 
should send a signed, written inquiry to the U.S. Department of 
Commerce, Freedom of Information and Privacy Act Office at 1401 
Constitution Ave. NW., Room A300, Washington, DC 20230. The request 
letter should be clearly marked, ``PRIVACY ACT REQUEST.'' The written 
inquiry must be signed and notarized or submitted with certification of 
identity under penalty of perjury. Requesters should reasonable specify 
the record contents being sought.

CONTESTING RECORDS PROCEDURES:
    An individual requesting corrections or contesting information 
contained in his or her records must send a signed, written request 
inquiry to the U.S. Department of Commerce, Freedom of Information and 
Privacy Act Office, 1401 Constitution Ave. NW., Room A300, Washington, 
DC 20230. Requesters should reasonable identify the records, specify 
the information they are contesting and state the corrective action 
sought and the reasons for the correction with supporting justification 
showing how the record is incomplete, untimely, inaccurate, or 
irrelevant.

RECORD SOURCE CATEGORIES:
    Subject individuals; individuals who interact with the DOC through 
social media networks or as a result of public outreach.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

    Dated: May 8, 2014.
Brenda Dolan,
Freedom of Information and Privacy Act Officer, Department of Commerce.
[FR Doc. 2014-10961 Filed 5-12-14; 8:45 am]
BILLING CODE 3510-17-P