Sorn

Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Notices
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 recipient and claimant name.
SAFEGUARDS:

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

In accordance with SOP 00 41 2 70:09
and 70:13.
SYSTEM MANAGER(S) AND ADDRESS:

DLMC and DHLSC Directors and
Counsel to the Inspector General. 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.
CONTESTING PROCEDURES:

Notify officials listed above and state
reason(s) for contesting and proposed
amendment(s) sought.
RETENTION AND DISPOSAL:

In accordance with Standard
Operating Procedure 00 41 2 Item Nos.
70:07, 70:08, 70:09, 70:10, 70:11, 70:13,
70:14 and 70:15, OGC NI–309–88–1,
OGC NI 309–99–1, OGC NI–309–88–1.
In accordance with National Archives
and Records Administration General
Records Schedule 14.11.
SYSTEM MANAGER(S) AND ADDRESS:

Office of General Counsel and Field
Office Systems Manager. See Appendix
A.
SOURCE CATEGORIES:

Subject employee, Agency personnel,
the public, DOJ, bankruptcy notices,
court records, title companies, and loan
case files.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS
OF THE ACT:

(1) Pursuant to 5 U.S.C. 552a(j)(2), this
system of records is exempt from the
application of all provisions of section
552a except sections (b), (c)(1) and (2),
(e)(4)(A) through (F), (e)(6), (7), (9), (10),
(11), and (i), to the extent that it consists
of (A) information compiled for the

VerDate Nov<24>2008

17:50 Mar 31, 2009

Jkt 217001

purpose of identifying individual
criminal offenders and alleged offenders
and consisting only of identifying data
and notations of arrests, confinement,
release, and parole and probation status;
(B) information compiled for the
purpose of criminal investigation,
including reports of informants and
investigators, and associated with an
identifiable individual; or (C) reports
identifiable to an individual compiled at
any stage of the process of enforcement
of the criminal laws from arrest or
indictment through release from
supervision. This system is exempted in
order to maintain the efficacy and
integrity of the OIG’s criminal law
enforcement function.
(2) Pursuant to 5 U.S.C. 552a(k)(2) and
(k)(5), all investigatory material in the
record compiled for law enforcement
purposes or for the purpose of
determining suitability, eligibility, or
qualifications for Federal civilian
employment, Federal contracts, or
access to classifiedinformation is
exempt from the notification, access,
and contest requirements under 5 U.S.C.
552a(c)(3), (d), (e)(1), (e)(4) (G), (H), and
(I), and (f) of the Agency regulations.
This exemption is necessary in order to
fulfill commitments made to protect the
confidentiality of sources and to protect
subjects of investigations from
frustrating the investigatory process.
SBA 20
SYSTEM NAME:

DISASTER LOAN CASE FILE—SBA
20
SYSTEM LOCATION:

Office of Disaster Assistance, DCMS
Operations Center, Herndon, Virginia,
SBA Disaster Loan Making Centers and
SBA Loan Servicing Offices. Data
hosting by contractor off site in secure
locations per SBA Office of the Chief
Information Officer standards. See
Appendix A.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM INCLUDES:

Applicants and recipients of disaster
home loans.
CATEGORIES OF RECORDS IN THE SYSTEM
INCLUDES:

Information relating to preapplication registrants, disaster home
and business loan applicants and
recipients of a disaster home and
business loans from the time of preapplication registration. Included are:
Loan applications, supporting
documents, personal history, financial
statements, credit information,
investigative reports, appraisers’ reports,
waivers, loan record transfers,

PO 00000

Frm 00023

Fmt 4701

Sfmt 4703

14911

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:

a. To the public on approved loans,
information is limited to recipient name
and address, term and rate of the loan,
and the apportioned amount of the loan
for real or personal property loss.
b. 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.
c. To the public, under certain
conditions, on losses incurred by the
government due to non-payment of
obligations by individuals. In these
cases, the name and address of the
obligator and amount incurred (amount
written-off from Agency assets) will not
be released to the public unless the
borrower consents to disclosure or is
required pursuant to the Freedom of
Information Act.
d. To the Federal, State, local or
foreign agency or professional
organization which has responsibility
for investigating, prosecuting or
enforcing violations, statute rules,
regulations or orders issuedwhen the
Agency locates a violation or potential
violation of law whether arising by
general or program statute, or by
regulation, rule or order.
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; thismay 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 delinquent SBA borrowers who

E:\FR\FM\01APN2.SGM

01APN2

14912

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

are receiving Federal salaries or benefit
payments and programs to identify
delinquent SBA borrowers receiving
federal salaries or benefit payments.
Disclosure will be madeif 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 theDebt Collection Act of
1982 by voluntary repayment, or
administrative or salary offset
procedures.
h. To a consumer reporting agency.
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 on the individual’s behalf; the
Member’s access rights are no greater
than the individual’s.
l. 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 tocomply with the
requirements of the Privacy Act of 1974,
as amended, 5 U.S.C. 552a.
m. 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 thedisclosure 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.
n. 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

VerDate Nov<24>2008

17:50 Mar 31, 2009

Jkt 217001

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.
o. 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.
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.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING AND
DISPOSING OF RECORDS:
STORAGE:

Paper and electronic files.

SYSTEM MANAGER(S) AND ADDRESS:

Disaster Loan Making Center
Directors. Director, DCMS Operations
Center. 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.
CONTESTING PROCEDURES:

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

Subject, individuals, SBA employees,
financial institution, law enforcement
agencies, IRS and FEMA.
SBA 21
SYSTEM NAME:

LOAN SYSTEM—SBA 21
SYSTEM LOCATION:

Headquarters, Regional Offices,
District Offices, Branch Offices,
Processing Centers, and Servicing
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 SBA’s interest in a loan, under all
of the Agency’s business (non-disaster)
loan programs.
CATEGORIES OF RECORDS IN THE SYSTEM:

Personal and commercial information
(i.e., credit history, financial
information, identifying number or
other personal identifier) on individuals
named in business loan files,
throughout the life of SBA’s interest in
the loan, under all of the Agency’s
business (non-disaster) loan programs.

RETRIEVAL:

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

By applicant/recipient name, crossreferenced loan number or borrower’s
Social Security Number or Employer
Identification Number.

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 Federal
Agencies); and Public Law 103–62
(Government Performance and Results
Act).

SAFEGUARDS:

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

In accordance with Standard
Operating Procedure 00 41 2 Appendix
18.

PO 00000

Frm 00024

Fmt 4701

Sfmt 4703

ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USES AND
THE PURPOSES OF SUCH USES, THESE RECORDS
MAY BE USED, DISCLOSED, OR REFERRED:

a. To SBA Resource Partner, its
successors or assigns, (i.e. participating
lender, certified development company,
micro lender) who initially collected the

E:\FR\FM\01APN2.SGM

01APN2