Privacy Act System Of Records

ELA 5 System of records.htm

Disaster Business Loan Application

PRIVACY ACT SYSTEM OF RECORDS

OMB: 3245-0017

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[Federal Register: December 23, 2004 (Volume 69, Number 246)]
[Notices]               
[Page 76964-76965]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23de04-102]                         

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SMALL BUSINESS ADMINISTRATION

 
Revision of Privacy Act System of Records

AGENCY: Small Business Administration.

ACTION: Notice of revision of agency's Privacy Act System of Records.

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SUMMARY: SBA is revising its Privacy Act Systems of Records, SBA 20, 
DISASTER LOAN CASE FILES. SBA is amending this system to account for 
modernization of its disaster loan making and record keeping processes. 
Two new routine uses have been added to address sharing of data with 
the Department of the Treasury to provide for loan disbursements, and 
with the Internal Revenue Service to request and obtain income 
verification. Two routine uses were revised to delete references to 
HUD, and another to reflect the new name for GAO. Loan Servicing 
Centers were added as System Locations, as was the Office of Disaster 
Assistance DCMS Operations Center, while references to HUD offices were 
deleted. Descriptions of Categories of Individuals Covered by the 
System, Categories of Records in the System were updated to encompass 
the inclusion of disaster business loan data and pre-application 
registrants for all disaster loan programs. Under Policies and 
Practices for Storing, Retrieving, Accessing, Retaining and Disposing 
of Records, revisions reflect the ability to retrieve records by 
Employer Identification Number, an updated reference to electronic data 
under safeguards, a corrected reference to retention and disposal 
procedures, addition of the Director of DCMS Operations Center as a 
System Manager, and additions to source categories to include IRS, FEMA 
and credit reporting agencies.

DATES: Written comments on the Addition to the Agency's System of 
Records must be received on or before January 24, 2005. The notice 
shall be effective as proposed with or without further publication 15 
days after the end of the comment period, unless comments are received 
which would require contrary determination and the Agency publishes 
another Notice before the effective date.

ADDRESSES: Written comments on the System of Records should be directed 
to Michael V. Sorrento, Director, DCMS Operations Center, Office of 
Disaster Assistance, 1175 Herndon Parkway, Herndon, VA 20170.

FOR FURTHER INFORMATION CONTACT: Michael V. Sorrento, Director, DCMS 
Operations Center, (703) 487-3642.

SUPPLEMENTARY INFORMATION: This publication is in accordance with the 
Privacy Act stipulation that Agencies publish their Systems of Records 
in the Federal Register when there is a revision, change or addition. 
SBA is amending the Notice of System of Records for SBA 20, Disaster 
Loan Case File, previously published at 69 FR 58597 (2004). System SBA 
20, Disaster Loan Case File, is being amended to reflect changes 
brought on by automation of the disaster loan making process, including 
the use of an electronic case file, centralized data storage, and 
electronic interface with internal and external systems necessary to 
process, approve and disburse disaster home and business loans. Routine 
uses for interface with U.S. Department of the Treasury and the Federal 
Emergency Management Agency have been added. SBA is amending a routine 
use to update the new name of GAO to Government Accountability Office. 
SBA is also adding Loan Servicing Centers as system locations while 
deleting references to HUD here and elsewhere. The Director of DCMS 
Operations Center is added as a System Manager. SBA is amending the 
categories of individuals and records covered by the system to include 
disaster business loans and pre-application registrants for disaster 
assistance, which also caused amendments to text for form and grammar.

Altered Systems of Records

Narrative Statement; U.S. Small Business Administration Privacy Act 
System of Records SBA 20, Disaster Loan Case File; Amendment to System 
of Records

A. Narrative Statement
    1. The amendment of System of Records SBA 20 is required by the 
implementation of the Disaster Credit Management System (DCMS), a new 
electronic database and software system for the electronic processing 
and storage of Disaster home and business loan applications. The DCMS 
is not a new system of records, as it is substantially similar in scope 
and purpose to the paper case files now encompassed under System SBA 
20. Amendment is appropriate to fully reflect the scope and use of 
records, and the categories of individuals covered by the system. Due 
to the long maturity of SBA Disaster loans, paper case files will 
remain as a format for these records for the foreseeable future.
    2. Refer to the following citations: Pub. L. 85-536, 15 U.S.C. 
634(b)(6) et seq. (Small Business Act, all provisions relating to 
disaster loan programs); 44 U.S.C. 3101 (Records Management by Federal 
Agencies).
    3. The effect on the individual is minimal because the information 
collected is already being collected by the SBA under previously 
approved manual form and by the SBA's previously established and 
published Privacy Act System of Records SBA 20, Disaster Loan Case 
Files. The information covered in this system of records, as amended, 
will be viewed only by Agency personnel and participating contractors 
in the line of their official duties. All of these individuals must 
comply with the requirements of the PA of 1974, as amended, pursuant to 
5 U.S.C. 552a(m).
    4. Access and use of Disaster Loan Case File records is limited to 
Agency officials acting in their official capacities, with a need-to-
know, and to participating contractors. Access and use of electronic 
data will be via secure Internet, with restricted password(s)/ 
passcode(s).
    5. The proposed new routine uses for the new System of Records 
satisfy the compatibility requirement of subsection (a) (7) of the Act 
as follows:
    The proposed new routine uses allow disclosure of disaster loan 
making records to the U.S. Department of Treasury for the issuance of 
loan funds, and to the Federal Emergency Management Agency, Department 
of Homeland Security, to coordinate disaster assistance programs and 
monitor for duplication. SBA needs to share relevant information with 
other federal, state and local agencies involved in the delivery of 
disaster assistance to comply with laws and promote the effective 
delivery of disaster assistance. The information in this System of 
Records is collected by SBA for the purpose of its decision making and 
servicing of disaster loans, and to document and ensure compliance with 
applicable laws and regulations.
    6. OMB approved SBA 3245-0017--Disaster Business Loan Application 
(SBA Form 5, SBA Form 739A, SBA Form 1368, SBA Form 2202) expires 07/
31/2007; OMB approved SBA 3245-

[[Page 76965]]

0018--Disaster Home Loan Application (SBA Form 5C, SBA Form 739) 
expires 09/30/2006; OMB approved SBA 3245-0084--Home/Business Loan 
Inquiry Record (SBA Form 700) expires 09/30/2006; OMB approved SBA 
3245-0326--Pre-Disaster Mitigation Application (SBA Form 5M) expires 
09/30/2006; OMB approved SBA 3245-0136--Disaster Survey Worksheet (SBA 
Form 987) expires 03/31/2007; OMB approved SBA 3245-0188--Personal 
Financial Statement (SBA Form 413) on 11/30/2004; OMB approval 3245-
0178--Statement of Personal History (SBA Form 912) expires 09/30/2006.
SBA 20

System Name:
    Disaster Loan Case File--SBA 20.

System Location:
    Office of Disaster Assistance, DCMS Operations Center, Herndon, 
Virginia. Data hosting by contractor off site in secure locations per 
SBA Office of Chief Information Officer (``OCIO'') standards. SBA 
Disaster Area Offices and SBA Loan Servicing Offices. See Appendix A 
for SBA Disaster Area Office and Loan Servicing Office addresses.

Categories of Individuals Covered By the System Includes:
    Applicants and recipients of disaster home and business loans; 
registrants for disaster assistance who are provided disaster home and 
business loan applications.

Categories of Records in the System Includes:
    Information relating to pre-application registrants, disaster home 
and business loan applicants and recipients of disaster home and 
business loans from the time of pre-application registration. These 
records include:
    Loan 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, UCC filings and re-filings, collection and 
liquidation activities, financial statements, settlements and 
compromises, participating bank information, field visit reports, 
borrowers insurance information and loan accounting information.

Authority for Maintenance of the System:
    15 U.S.C. 634(b)(6), 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, 
Disclosed or Referred:
    f. To provide data to the Government Accountability Office 
(``GAO'') for periodic reviews of SBA.
    g. 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 as part of a computer match.
    h. To other Federal agencies to conduct computer matching programs 
to locate delinquent SBA borrowers who are receiving Federal salaries 
or benefit payments and programs to identify delinquent SBA borrowers 
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 the disclosures 
to obtain repayments of debts under the provisions of the Debt 
Collection Act of 1982 by voluntary repayment, or by administrative or 
salary offset procedures.
    p. To transmit data to U.S. Department of the Treasury to effect 
issuance of loan funds to borrowers.
    q. To the Federal Emergency Management Agency (``FEMA'') to 
coordinate the issuance of federal disaster assistance to disaster 
victims and monitor for duplication.
    r. To the public under the Freedom of Information Act (``FOIA''), 5 
U.S.C. 552.

Policies and Practices for Storing, Retrieving, Accessing, Retaining 
and Disposing of Records:
Retrieval:
    By applicant/recipient name, cross-referenced loan number or 
borrower's Social Security Number or Employer Identification Number.

Safeguards:
    Access and use limited to persons with official need to know to 
know; electronic data access is protected by password and user 
identification codes.

Retention and Disposal:
    In accordance with Standard Operating Procedure 00 41 2, Appendix 
18.

System Manager(s) and Address:
    Disaster Area Office Directors. See Appendix A.
    Director, DCMS Operations Center, 1175 Herndon Parkway, Herndon, VA 
20170.

Contesting Procedures:
    Notify the officials listed above, state the reason(s) for 
contesting it and the proposed amendment sought.

Source Categories:
    Subject, individuals, Agency employees, financial institutions, 
commercial credit reporting agencies, law enforcement agencies, 
Internal Revenue Service and Federal Emergency Management Agency. .

    Dated: December 15, 2004.
Delorice P. Ford,
Sr. Privacy Act Official.
[FR Doc. 04-28109 Filed 12-22-04; 8:45 am]
BILLING CODE 8025-01-P

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