System of Record Loan Request

SBA 21
SYSTEM NAME:
LOAN SYSTEM--SBA 21
SYSTEM LOCATION:
Headquarters, Regional Offices, District Offices, Branch Offices,
Processing Centers, and Servicinq Centers. See Appendix A.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals (i.e., borrowers, guarantors, principals of businesses named
in loan records), throughout the life of SSA's interest in a loan, under all
of the Agency's business (non-disaster) loan proqrams.
CATEGORIES OF RECORDS IN THE SYSTEM:
Personal Flnd corr.mercir)l infl·)rfllrlt.l<>fi (i.<,.,
[",,·lil. rd.stc.ry, financi.al
information, identif nq rlwnl,,,.',t or ,\UH~r p,,",rsorl.?l. id(~:nLj.fiF,r) on ndlVJduals
named in business Ivan files, throughout thf. J it'e o[ ~;BA's interest in the
loan, under all of the Agency's bus ness (non disaster) Joan programs.
AUTHORITY FOR MAINTENANCE OF THE SYS1EM:
Public Law 85-536,15 U.S.c. 631 et seq. (Small Business Act, all
provisions relating to loan programs); 44 U.S.C. 3101 (Records Management by
tederal Agencies); and Public .Law 103-62 (Government Performance and Results
Act) .
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGOR ES
OF USES AND THE PURPOSES OF SOCH USES, THESE RECORDS MAY BE USED,
DISCLOSED, OR REFERRED:
a. To SSA Resource Partner, its SllCc:pso;ors r assiqns, (i.e.
participatinq lender, cert.i.fied devc,j')pm,,·nt· ':nmpal,'Y, HI.i'.:ro lender)who
initially col ,~cted the nelil/jd,)",:':; ir,fnrrndt.lC}n t'IY l.hE" DU,POS", of rnakinq
and servlcinq lo~ns.
b. To a Congressional office from an individual's record, when that
office is inquiring on the individual's behalf; the Member's access rights
are no greater than the individual's.
c. To SBA volunteers, contrartors, interns, qrantpes, experts and who
have been engaged by SBA to assist in the performance of a servic8 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, 5 U.S.C. 552a.
d. To the Federal, state, local or foreign agency or organization
which investigates, prosecutes, or enforces violations, statues, rules,
regulations, or orders issued when an agency identifies a violation or
potential violation of law, ar sing by general or program statute, or
by regulation, rule, or order.
e. To qualified investors who have si
a confidentiality agreement
related to review of files for the purpose of evaluating, negotiating and
implementing the purchase of loans from SBA as a part of SBA's Asset Sales
program.
f. To request information

fl~om

a F'E,deraJ, :;tat8, local agency or a

private credit agency maintJirll~I'J ,'jvj,],:r;rTlLTI"J~ <,' oLher lni'l,rmat on
relevant to determinIng an appll,':ant
It dt>L!,J
Y h,r a bUc;2-ness oan.
<

This applies to indJvidua s

involved ill

nu~~.ird::~~:;

lnan

.

g. To a rec ient who has provIded the agency with ,3Cjvance adequate
written assurance that the record will be used solely as a statIstical
research or reporting record, and the record is to he transferred In a
form that is not individually identif able.
h, To 7(a) and 504 lender's andlor participating contractors for
purposes of the Loan and Lentier Monitoring System.
i. To the Department of Justice (DOJ) when any of the following is a
party t~ litigation or has an interest in such litigation, and the use of
such records by DO,J is deemed by SBA to 'oe relevilnt and necessary to the
litigation, provided, however, that in each case, SBA determines the
disclosure of the records to DO,) is a IJ
of the information contained in the
records that itl compatible WiUl the pUIPOS~! t(,r whj,:h the rec0rds were
collected: SBA, 0f any component therlc:of; i'lny :i8A employee in their oIfjcial
ty; any SSA
ayee in their individual capdci y where DOJ has agreed
to represent tile employee; or The Uniled States Gov0rnment, where SBA
determines that litigation is like y to affect ~;BA or any of its components.
j. In a p:'ocecdjnq before a "('1]lj', or nd':,]rl.il-atjve
(H a displlt.e
resolution body before wh.ic:h ::;SA .tS i-JlJLh n rl7J,d til dPpear (,r befon~ \~h.ich any
of the following it: a party I.e, Ji Ydtlon or hd an interest in iit:l<:J.)tion,
provided, however, that SSA determines that the use of such ,records lS
relevant and necessary to the litigation, and that, in each case, SSA
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: SSA, or any SSA
component; any SBA employee in their official capacity; any SBA employee in
their indivi:iuaJ capacity where DO,] has .1CjH!ed to represent the
oyee; or
The United States Government., wrler"" i-lA d",t,"rrnirl""s that ji,tcqatior; is likeJy
to affect SSA or any of its components.

k. To appropriate agencies, entitj~s, and persons when: SBA suspects or
has confirmed that the security or confiden iDljty of information in the
system records has been compromised; :'~FlA hi] determi Tled that: as a result of
the suspected or confirmed comprnmJsA 1I10fP is a ri~k of harm to economic or
property interests, identity thl'fl nf fr.Jll'l, ('r r'i,l'H' 1(, UH" securit.y and
integrity of Ulis system r" ,,,thr'l
"·'r::I; '.'1 pI
Lim",
(whplfr;,:, '.)-rJ:O~'. ~ecords

are retained cor the .lIfe of SBA'
ifltPrp.stin Ih~: r)IJ;dnf~""; I..; ,HI CJn(j an~
disposed of according 0 the ret8r~;rl<:e jn t:hF' ;,0[' I hat pe,rLd ns Lo d
partlcular type f record; retention period vari
accordim,J to the type of
record.
SYSTEM MANAGERS AND ADDRESSES:
i I:dJ Acc;c.:;,c;s, Ass0ciat.e Administrator for
Associate Administrator for
Lender Oversight, Associate Admin trator for Financial Assistance, Regional
Administrators, District Directors, Branch Managers, Loan Service Center
Director and Loan Processing Centers Directors. See Appendix A.
NOTIfICATION PROCEDURE:
An individual may submit a written
ems Manager or PA Officer.

re~ord

lnqu ry to the appropr ate

RECORDS ACCESS PROCEDURES:
terns Manager or PA Officer wi 1 determine procedures.
CONTESTING RECORD PROCEDURES:
Notify officials Ii sted above and state
proposed amendment (5) sougnt.

reaS{)~1

( ) fnr cont'?stinq and

RECORD SOURCE. CATEGOEll:::::
Subject individuals and busirlesse::, Jjn':HlciaJ )[ls:_i_tutJons, credit
reporting agencies, law enforcement agencles and SSA resource partners