[Federal Register Volume 86, Number 221 (Friday, November 19, 2021)]
[Notices]
[Pages 64979-64982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25276]
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SMALL BUSINESS ADMINISTRATION
Privacy Act of 1974; System of Records Notice
AGENCY: Small Business Administration.
ACTION: Notice of a modified system of records.
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SUMMARY: The U.S. Small Business Administration (SBA) proposes to
modify its system ofrecords titled, Disaster Loan Case File, (SBA 20),
to its inventory of records systems subject to thePrivacy Act of 1974,
as amended. Publication of this notice complies with the Privacy Act
and the Office of Management and Budget (OMB) Circular A-108 and
Circular A-130. System of Records Notice (SORN) Disaster Loans Case
Files, (SBA 20), includes modifying the name from ``Disaster Loan Case
File'' to ``Disaster Loans Case Files'', modifying system location,
contact information, authority, purpose, categories of individuals,
categories of records, record source categories, routine use, storage,
retention, retrieval, safeguards, record access, contesting,
notification procedures, and supplemental information. SBA 20 has also
expanded the scope of its system of records with additional
applications and processes, serving a unique purpose for carrying out
the mission of the SBA Office of Disaster Assistance.
[[Page 64980]]
DATES: Submit comments on or before December 20, 2021. This revised
system will be effective upon publication.
ADDRESSES: You may submit comments on this notice by any of the
following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov: Follow the
instructions forsubmitting comments. Mail/Hand Delivery/Courier: Submit
written comments to:Barbara Carson, Deputy Associate Administrator,
Office of Disaster Assistance, U.S. SmallBusiness Administration, 409
3rd Street SW, Suite 6032, Washington, DC 20416.
FOR FURTHER INFORMATION CONTACT: General questions, please contact
Michael Yeager, Information Technology (IT) Director, Office of
Disaster Assistance, U.S. Small Business Administration, 409 3rd Street
SW, Suite 6032, Washington, DC 20416 or via email
[email protected], telephone 202-205-6536. For Privacy related
matters, please contact Keith A. Bluestein, Chief Information Officer/
Senior Agency Official for Privacy, Office of the Chief Information
Officer, U.S. Small Business Administration, 409 3rd Street SW, Suite
4000, Washington, DC 20416 or via email to [email protected].
SUPPLEMENTARY INFORMATION: The Privacy Act of 1974 (5 U.S.C. 552a), as
amended, embodies fair information practice principles in a statutory
framework governing how Federal agencies collect, maintain, use, and
disseminate individuals' personal information. The Privacy Act applies
to records about individuals that are maintained in a ``system of
records.'' A system of records is a group of any records under the
control of a federal agency from which information is retrieved by the
name of an individual or by a number, symbol or another identifier
assigned to the individual. The Privacy Act requires each Federal
agency to publish in the Federal Register a System of Records Notice
(SORN) identifying and describing each system of records the agency
maintains, the purposes for which the Agency uses the Personally
Identifiable Information (PII) in the system, the routine uses for
which the Agency discloses such information outside the Agency, and how
individuals can exercise their rights related to their PII information.
The modified Privacy Act system of records titled Disaster Loan
Case File, (SBA 20) will be used to provide notice to applicants and
recipients of disaster assistance through its Office of Disaster
Assistance (ODA), which coordinates low-interest, long-term loans for
damages caused by a declared disaster for individuals, businesses of
all sizes, private non-profit organizations, homeowners, and renters.
SBA 20 also includes loan advances and grants administered by ODA,
which are available to small businesses, including sole proprietors,
and private non-profit organizations.
SBA 20 collects information relating to pre-application
registrants, disaster home andbusiness loan applicants, recipients of a
disaster home and business loans from the time of pre-application
registration, loan advance applicants and recipients, and grant
applicants and recipients. Non-exhaustive list includes loan
applications, loan advance applications, grant applications, supporting
documentation, personal history, financial statements, tax information,
credit information, investigative reports, appraisal reports, waivers,
loan record transfers, correspondence, recommendations, authorizations,
award amount, disbursement amount, loan term and rate, payment history,
collateral, UCC filings and re-filings, collection and liquidation
activities, settlements and compromises, bank information, field visit
reports, borrower's insurance information and loan accounting
information.
Major application/system components to this system of records
comprise of Disaster CreditManagement System(s), Shuttered Venue
Operators Grant System (SVOG), Rapid Finance (RF) Portal, Ayaya
Automated Interactive Voice Response (IVR), cloud services, legacyand
multiple portals. The modification of SBA 20 will not have any undue
impact on the privacy ofindividuals and its use is compatible with
collection.
SYSTEM NAME AND NUMBER:
Disaster Loans Case Files, (SBA 20).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
SBA DCMS Operations Center, Herndon, VA, Washington, DC, Chicago,
IL, other Salesforce, and Microsoft Offsite locations within the United
States; Rapid Financein Bethesda, MD;
SYSTEM MANAGER(S):
Michael Yeager, IT Director, Office of Disaster Assistance, U.S.
Small Business Administration, 409 3rd Street SW, Suite 6032,
Washington, DC 20416 or via email [email protected], telephone
202-205-6536.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
15 U.S.C. 634(b)(6), 44 U.S.C. 3101The Economic Aid to Hard-Hit
Small Businesses, Nonprofits and Venues Act, Public Law 116-260
PURPOSE(S) OF THE SYSTEM:
SBA 20 collects information relating to pre-applicationregistrants,
disaster home and business loan applicants, recipients of a disaster
home andbusiness loans from the time of pre-application registration,
loan advance applicants and recipients, and grant applicants and
recipients.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals, businesses, principals, including sole proprietors,
homeowners, renters, and non-profits.
CATEGORIES OF RECORDS IN THE SYSTEM:
Information relating to pre-application registrants, disaster home
and business loan applicants, loan advance, grant applicants and
recipients of loan advances, grants, disaster home and business loans.
Included are name, business name, address, tax identification number,
date of birth, telephone number, identification, loan information, loan
advance, grant applications, supporting documents, personal history,
financial statements, credit information, investigative reports,
appraisers' reports, waivers, loan record transfers, correspondence,
recommendations,authorizations, disbursement amount, term and rate,
payment history, collateral, Uniform Commercial Code (UCC) filings and
re-filings, collection and liquidation activities, financial
statements, settlements and compromises, bank information, field visit
reports, borrower's insurance information and loan accounting
information.
RECORD SOURCE CATEGORIES:
Subject, individuals, SBA employees, SBA contractors, financial
institutions, credit reporting agencies, law enforcement agencies,
Treasury Department and Federal Emergency Management Agency (FEMA).
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDINGCATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act,all or a portion of the information
contained in this system may be disclosed to authorizedentities, as is
determined to be relevant and necessary, outside SBA as a routine use
pursuant to 5U.S.C. 552a(b)(3) as follows:
[[Page 64981]]
A. To the public on approved loans. This information includes
recipient name and address, term and rate of the loan and the amount
paid in full or charged off.
B. To the public on approved loan advances and grants. This
information includes recipient name, address, period of performance and
amount of the loan advance or grant.
C. To provide information to potential investors who are interested
in bidding on loans made available by the Agency in a sale of assets.
Investors will be required to execute a confidentiality agreement prior
to reviewing any record or information.
D. To the Federal, State, local or foreign agency or professional
organization which has responsibility for investigating, prosecuting,
or enforcing violations, statutes, rules, regulations or orders issued
when the Agency identifies a record, either alone or in conjunction
with other information, which indicates a violation or potential
violation of law.
E. To request information from a Federal, State, or local agency or
a private credit agency maintaining civil, criminal, or other
information relevant to determining an applicant's suitability for a
loan, loan advance, or grant; this may be requested individually or
part of a computer match.
F. In response to a request from a State or Federal agency in
connection with the issuance of a grant, loan or other benefit by that
agency which is relevant to their decision on the matter; this may be
requested individually or part of a computer match.
G. To other Federal agencies to conduct computer matching programs
to locate and identify delinquent SBA borrowers who are receiving
Federal salaries or benefit payments. Disclosure will be made if the
records indicate the loan is in default, at least 30 days past due or
to update a previous disclosure. SBA will make disclosures to obtain
repayments of debts under the provisions of the Debt Collection Act of
1982 by voluntary repayment, or administrative or salary offset
procedures.
H. To a consumer reporting agency to also include information from
the new ID Theft Form 3515.
I. To provide the Internal Revenue Service (IRS) with access to an
individual's records for an official audit to the extent the
information is relevant to the IRS's function.
J. To a court, magistrate, grand jury, or administrative tribunal,
opposing counsel during such proceedings or in settlement negotiations
when presenting evidence.
K. To a Congressional office from an individual's record when that
office is inquiring onthe individual's behalf; the Member's access
rights are no greater than the individuals.
L. In a proceeding before a court, or adjudicative body, or a
dispute resolution body before which SBA 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 SBA determines that the
use of such records is relevant and necessary to the litigation, and
that, in each case, SBA 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 a compatible purpose for which the records were
collected: SBA, or any SBA component; any SBA employee in their
official capacity; any SBA employee in their individual capacity where
DOJ has agreed to represent the employee; or The United States
Government, where SBA determines that litigation is likely to affect
SBA or any of its components.
M. To transmit data to U.S. Department of the Treasury to effect
issuance of loan, loan advance, or grant funds to borrowers or
recipients.
N. To the Federal Emergency Management Agency (FEMA) to coordinate
the issuance offederal disaster assistance to disaster victims and
monitor for duplication.
O. To the Department of Justice (DOJ), including offices of the U.S
Attorneys, or other Federal agency conducting litigation or in
proceedings before any court, adjudicative, or administrative body,
when it is deemed by the SBA to be relevant or necessary to the
litigation or the SBA has an interest in such litigation when any of
the following are a party to the litigation or have an interest in the
litigation: (1) Any employee or former employee of the SBA in his or
her official capacity; (2) Any employee or former employee of the SBA
in his or her individual capacity when DOJ or SBA has agreed to
represent the employee or a party to the litigation or have an interest
in the litigation; or (3)The United States or any agency thereof.
P. To the National Archives and Records Administration (NARA) or
General Services Administration (GSA) pursuant to records management
inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
Q. To an agency or organization, including the SBA's Office of
Inspector General, for the purpose of performing audit or oversight
operations as authorized by law. but only such information as is
necessary and relevant to such audit or oversight function.
R. To appropriate agencies, entities, and persons when (1) SBA
suspects or has confirmed that there has been a breach of the system of
records, (2) SBA has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, SBA (including
its information systems, programs, and operations), the Federal
Government, or national security; and (3) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with SBA's efforts to respond to the suspected or confirmed
breach or to prevent, minimize, or remedy such harm.
S. To another Federal agency or Federal entity, when SBA determines
that information from this system of records is reasonably necessary to
assist the recipient agency or entity in (1) responding to a suspected
or confirmed breach or (2) preventing, minimizing, or remedying the
risk of harm to individuals, the recipient agency or entity (including
its information systems, programs, and operations), the Federal
Government, or national security, resulting from a suspected or
confirmed breach.
T. To another agency or agent of a Government jurisdiction within
or under the control of the U.S., lawfully engaged in national security
or homeland defense when disclosure is undertaken for intelligence,
counterintelligence activities (as defined by 50 U.S.C. 3003(3)),
counterterrorism, homeland security, or related law enforcement
purposes, as authorized by U.S. law or Executive Order.
U. To SBA contractors, grantees, volunteers, interns, regulators,
and experts who have been engaged by SBA to assist in the performance
and performance improvement of a service related to this system of
records and who need access to the records to perform this activity
which may also include for regulatory purposes. 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.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Paper and electronic files.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by name of individual, business name,
application number, grant number, Data Universal Numbering System,
cross-referenced loan number or borrower's Social
[[Page 64982]]
Security Number or Employer Identification Number or FEMA registration
number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained in accordance with latest edition SBA
Standard Operating Procedure (SOP) series 00 41, schedules Records
Management Records and Agency Accountability Records. Records
maintained as part of the General Records Schedules (GRS) are disposed
of in accordance with applicable SBA policies.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Access and use are limited to persons with official need to know.
Users are evaluated on a recurring basis to ensure need-to-know still
exists. Safeguards are implemented in accordance with the Federal
Information Security Modernization Act of 2014 (FISMA) and are
evaluated on a recurring basis to ensure desired operation.
RECORD ACCESS PROCEDURES:
Individuals wishing to request access to records about them should
submit a Privacy Act request to the SBA Chief, Freedom of Information
and Privacy Act Office, U.S. Small Business Administration, 409 Third
St. SW, Eighth Floor, Washington, DC 20416 or [email protected]. Individuals
must provide their full name, mailing address, personal email address,
telephone number, and a detailed description of the records requested.
Individuals requesting access must also follow SBA's Privacy Act
regulations regarding verification of identity and access to records
(13 CFR part 102 subpart B).
CONTESTING RECORD PROCEDURES:
Individuals wishing to contest information contained in records
about them should submit a Privacy Act request to the SBA Chief,
Freedom of Information and Privacy Act Office, U.S. Small Business
Administration, 409 Third St. SW, Eighth Floor, Washington, DC 20416 or
[email protected]. Individuals must provide their full name, mailing
address, personal email address, telephone number, and a detailed
description of the records requested. Requesting individuals must
follow SBA's Privacy Act regulations regarding verification of identity
and access to records (13 CFR part 102 subpart B).
NOTIFICATION PROCEDURES:
Individuals may make record inquiries in person at the address
listed below or in writing to the Systems Manager through the SBA
Chief, Freedom of Information and Privacy Act Office, U.S. Small
Business Administration, 409 Third St. SW, Eighth Floor, Washington, DC
20416 or [email protected].
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
74 FR 14889 (April 1, 2009); 72 FR 48312 (August 23, 2007); 69 FR
76964 (December 23, 2004); and 69 FR 58597 (September 30, 2004).
James Rivera,
Associate Administrator for Disaster Assistance, Office of Disaster
Assistance.
[FR Doc. 2021-25276 Filed 11-18-21; 8:45 am]
BILLING CODE 8026-03-P