Scorn

Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Notices
SYSTEM LOCATION:

Office of Human Capital Management
(Headquarters), Denver Human Capital
Management Operations Division and
Disaster Loan Making Centers (DLMC).
See Appendix A.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM INCLUDES:

SBA employees.
CATEGORIES OF RECORDS IN THE SYSTEM
INCLUDES:

Employee name and their
identification card numbers.
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:

a. To a Congressional office from an
individual’s record, when that office is
inquiring on theindividual’s behalf; the
Member’s access rights are no greater
than the individual’s.
b. To SBA volunteers, contractors,
interns, grantees, experts and who have
been engaged by SBA to assist in the
performance of a service related to this
system of records and who need access
tothe 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.
c. To 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
DOJ is deemed by SBA to be relevant
and necessary to the litigation,
provided, however, that in each case,
SBA determines the disclosure of the
records to DOJ is a use of the
information contained in the records
that is compatible with the purpose for
which the records were collected: SBA,
or any component thereof; 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.
d. 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.
e. To appropriate agencies, entities,
and persons when: SBA suspects or has
confirmed that the security or
confidentiality of information in the
system records has been compromised;
SBA has determined that as a result of
the suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identify theft or
fraud, or harm to the security of
integrity of this system or other systems
or programs (whether maintained by the
Agency or entity) that rely upon the
compromised information; and 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 compromise
and prevent, minimize, or remedy such
harm.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING AND
DISPOSING OF RECORDS:
STORAGE:

Paper and electronic files.
RETRIEVAL:

By name or identification card
number.
SAFEGUARDS:

Access and use is limited to persons
with official need to know; computers
are protected by password and user
identification codes.
RETENTION AND DISPOSAL:

In accordance with National Archives
and Records Administration General
Records Retention Schedule 1.6.
SYSTEM MANAGER(S) AND ADDRESS:

Assistant Administrator/Human
Capital Management (HQ) and DLMC
Directors. See Appendix A.
NOTIFICATION PROCEDURES:

Individuals may make record
inquiries in person or in writing to the
Systems Manager or PA Officer.
ACCESS PROCEDURES:

Systems Manager or PA Officer will
determine procedures.

14901

CONTESTING PROCEDURES:

Notify officials listed above and state
reason(s) for contesting and proposed
amendment(s) sought.
SOURCE CATEGORIES:

Subject employee, individuals and
agency personnel records.
SBA 11
SYSTEM NAME:

ENTREPRENEURIAL
DEVELOPMENT—MANAGEMENT
INFORMATION SYSTEM—SBA 11
SYSTEM LOCATION:

Headquarters (HQ).
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Individuals using SBA’s business
counseling and assistance services.
CATEGORIES OF RECORDS IN THE SYSTEM:

Individual and business information
on SBA clients.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Public Law 85–536, 15 U.S.C. 631
(Small Business Act), sec. 7(j)(1),
(Business Counseling), 15 U.S.C. 648
sec. 21 (Small Business Development
Centers), 15 U.S.C. 656 sec. 29
(Women’s Business Centers), Public
Law 106–50 (Veterans’
Entrepreneurship and Small Business
Development Act of 1999), 44 U.S.C.
3101 (Records Management by Federal
Agencies) and Public Law 103–62
(Government Performance and Results
Act).
ROUTINE USES OF RECORDS MAINTAINED BY THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES, THESE RECORDS
MAY BE USED, DISCLOSED OR REFERRED:

a. To the Agency service provider
(resource partner) who initially
collected the information.
b. To a Congressional office from an
individual’s record, when that office is
inquiring on theindividual’s behalf; the
Member’s access rights are no greater
than the individual’s.
c. To SBA volunteers, contractors,
interns, grantees, experts and who have
been engaged by SBA 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, 5 U.S.C. 552a.
d. To 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
DOJ is deemed by SBA to be relevant
and necessary to the litigation,

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Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Notices

provided, however, that in each case,
SBA determines the disclosure of the
records to DOJ is a use of the
information contained in the records
that is compatible with the purpose for
which the records were collected: SBA,
or any component thereof; 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.
e. 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.
f. To appropriate agencies, entities,
and persons when: SBA suspects or has
confirmed that the security or
confidentiality of information in the
system records has been compromised;
SBA has determined that as a result of
the suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identify theft or
fraud, or harm to the security of
integrity of this system or other systems
or programs (whether maintained by the
Agency or entity) that rely upon the
compromised information; and 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 compromise
and prevent, minimize, or remedy such
harm.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING AND
DISPOSING OF RECORDS:
STORAGE:

Electronic form in secured database
on a dedicated computer.

RETRIEVAL:

By SBA Customer Number and crossreferenced by individual or business
name.
SAFEGUARDS:

Access and use over the Internet with
a restricted numerical password. Access
and use is limited to Federal officials
with a need-to-know and to designated
resource partners. SBA resource
partners will have access only to those
individuals that were collected by that
particular resource partner. Designated
program managers in HQ and district
directors will have access to individual
records only as needed for program
management.
RETENTION AND DISPOSAL:

In accordance with EDMIS N1–309–
03–06.
SYSTEM MANAGER(S) AND ADDRESS:

Associate Deputy Administrator for
Entrepreneurial Development and
designee in Headquarters.
NOTIFICATION PROCEDURES:

Individuals may make record
inquiries in person or in writing to the
Systems Manager or PA Officer.
ACCESS PROCEDURES:

The Systems Manager or PA Officer
will determine procedures.
CONTESTING PROCEDURES:

Notify officials listed above and state
reason(s) for contesting and proposed
amendment(s) sought.
SOURCE CATEGORIES:

Subject individuals or businesses.
SBA 12
SYSTEM NAME:

EQUAL EMPLOYMENT
OPPORTUNITY PRE-COMPLAINT
COUNSELING—SBA 12
SYSTEM LOCATION:

Headquarters and Field Offices. See
Appendix A.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM INCLUDES:

Current/former SBA employees,
members of a group (class complaints)
who have requested counseling
regarding employment discrimination.
CATEGORIES OF RECORDS IN THE SYSTEM
INCLUDES:

Case files may include employee and
interview statements. The Equal
Employment Opportunity (EEO)
Counselor’s Report becomes part of the
EEO Complaint case.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

29 CFR Part 1611.

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:

a. To report counseling activity to the
Office of Equal Employment
Opportunity and Civil Rights
Compliance (EEO/CRC).
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, contractors,
interns, grantees, experts and who have
been engaged by SBA 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, 5 U.S.C. 552a.
d. To 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
DOJ is deemed by SBA to be relevant
and necessary to the litigation,
provided, however, that in each case,
SBA determines the disclosure of the
records to DOJ is a use of the
information contained in the records
that is compatible with the purpose for
which the records were collected: SBA,
or any component thereof; 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.
e. 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.
f. To appropriate agencies, entities,
and persons when: SBA suspects or has