Amendment of Privacy Act; System of Records

SMALL BUSINESS ADMINISTRATION

Amendment of Privacy Act; System of Records

AGENCY: Small Business Administration.

ACTION: Notice of amendment to agency's system of records pursuant to

the provisions of the Privacy Act and to open comment period.

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SUMMARY: This notice amends the Small Business Administration's (SBA)

System of Record 050, EEO Complaint Cases, to add a section explaining

the exemptions to the Privacy Act which are applicable to that system

of record. Further, this notice provides for review and comment on the

addition of the Civil Rights Compliance Files to the Agency's Privacy

Act System of Records. Finally, this notice adds the addresses of the

Civil Rights Central Office Duty Stations to Appendix A. These

additions are in compliance with the Federal Information Resources

Management Review Program.

DATES: Written comments on these additions to the System of Records

must be received on or before March 3, 1994. This notice shall be

effective as proposed without further publication at the end of the

comment period, unless comments are received which would require a

contrary determination.

ADDRESSES: Written comments on the System of Records should be directed

to Beverly K. Linden, Chief, Freedom of Information/Privacy Acts

Office, U.S. Small Business Administration, 409 Third Street, SW.,

Washington, DC 20416.

FOR FURTHER INFORMATION CONTACT:

Beverly K. Linden, Chief, Freedom of Information/Privacy Acts Office,

(202) 653-6460.

SUPPLEMENTARY INFORMATION: This publication is in accordance with the

Privacy Act stipulation that agencies publish their systems in the

Federal Register when there is a revision, change or addition.

For the reasons set forth above, the Small Business Administration

(SBA) is amending its System of Records as follows:

SBA 050 [Amended]

1. The following information is to be added to the end of System of

Record 050, EEO Complaint Cases:

(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 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 Office of Inspector General's criminal law

enforcement function.

(2) Pursuant to 5 U.S.C. 552a (k)(2) and (k)(5), except as

otherwise provided therein, all investigatory material compiled for law

enforcement purposes for the purpose of determining suitability,

eligibility, or qualifications for Federal civilian employment, Federal

contracts, or access to classified information contained in this system

of records is exempt from sections 3(c)(3), (d), (e)(1), (e)(4) (G)

through (I) and (f) of the Privacy Act. 5 U.S.C. 552a(c)(3), (d),

(e)(1), (e)(4) (G) through (I) and (f). This exemption is necessary in

order to protect the confidentiality of sources of information and to

maintain access to sources necessary in making determinations of

suitability for employment.

2. The following information is to be added to the end of the

System of Records:

SBA 165

Civil Rights Compliance Files--SBA 165.

Central Office and Civil Rights Compliance Central Office Duty

Stations. See Appendix A for addresses.

Recipients, conduits and subrecipients of SBA's financial

assistance. Members of the public who have filed allegations of

discrimination against recipient businesses, conduits, 8(a) contractors

or Agency offices/personnel.

This system of records includes on-site reviews, correspondence,

supporting documents, interview statements, program files, information

developed in investigating an allegation of discrimination and other

information related to the processing of a complaint of discrimination.

5 U.S.C. 301; 44 U.S.C. 3101; Civil Rights Compliance SOP 90 30 2;

and 13 CFR parts 112, 113, and 117.

For internal use only. Disclosure may be made to a Congressional

office from the record of an individual in response to an inquiry from

the Congressional office made at the request of that individual.

Disclosure may be made to the Department of Justice when

(a) The agency, or any component thereof; or

(b) Any employee of the agency in his or her official capacity; or

(c) Any employee of the agency in his or her individual capacity

where the Department of Justice has agreed to represent the employee;

or

(d) The United States, where the agency determines that litigation

is likely to affect the agency or any of its components is a party to

litigation or has an interest in such litigation, and the use of such

records by the Department of Justice is deemed by the agency to be

relevant and necessary to the litigation, provided, however, that in

each case, the agency determines that disclosure of the records to the

Department of Justice is a use of the information contained in the

records that is compatible with the purpose for which the records were

collected.

Disclosure may be made in a proceeding before a court or

adjudicative body before which the Agency is authorized to appear, when

(a) The agency, or any component thereof; or

(b) Any employee of the Agency is his or her official capacity; or

(c) Any employee of the Agency in his or her individual capacity

where the Agency has agreed to represent the employee; or

(d) The United States, where the Agency determined that litigation

is likely to affect the Agency or any of its components, is a party to

litigation or has an interest in such litigation, and the Agency

determines that use of such records is relevant and necessary to the

litigation, provided, however, that in each case, the Agency 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 compatible

with the purpose for which the records were collected.

These records are maintained in either computer data logs, file

folders, or binders which are located in file cabinets or on the desk

of the responsible employee.

Records are indexed by the Complainant's name, address, city,

state, zip code and four digit fiscal year/order in which received

during that fiscal year (four digit number is keyed to Complaint Log

for that fiscal year).

Access to and use of these records are limited to those persons

whose official duties require such access. Personnel screening is

employed to prevent unauthorized disclosure.

There is no official Agency policy on retention of these records.

Most records are maintained indefinitely.

Privacy Act Officer, Chief, Deputy Chief and Area Civil Rights

Directors. See Appendix A for addresses.

An individual may inquire as to whether the system contains a

record pertaining to them by addressing a request in person or in

writing to:

Privacy Act Officer for Central Office Records. (Regardless of

actual location, all records are considered to be Central Office

records.)

In response to a request by an individual to determine whether the

system contains a record pertaining to them, the Privacy Act Officer

will set forth the procedures for gaining access to these records. If

there is no record of the individual, they will be so advised.

Individuals desiring to contest or amend information maintained in

the system should direct their request to the official listed in the

paragraph above, stating the reasons for contesting it and the proposed

amendment to the information sought.

Recipient Business reviewed by Civil Rights personnel and

Complainants.

(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 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 Office of Inspector General's criminal law

enforcement function.

(2) Pursuant to 5 U.S.C. 552a(k)(2) and (k)(5), except as otherwise

provided therein, all investigatory material compiled for law

enforcement purposes for the purpose of determining suitability,

eligibility, or qualifications for Federal civilian employment, Federal

contracts, or access to classified information contained in this system

of records is exempt from sections 3(c)(3), (d), (e)(1), (e)(4)(G)

through (I) and (f) of the Privacy Act. 5 U.S.C. 552a(c)(3), (d),

(e)(1), (e)(4)(G) through (I) and (f). This exemption is necessary in

order to protect the confidentiality of sources of information and to

maintain access to sources necessary in making determinations of

suitability for employment.

Appendix A [Amended]

3. Add the following to the end of Appendix A:

SBA Civil Rights Compliance Central Office Duty Stations

Region 2 Central Office Duty Station, 26 Federal Plaza, Room 1437A,

New York, New York 10278

Regions 1 and 3 Central Office Duty Station, 475 Allendale Road,

Suite 201, King of Prussia, Pennsylvania 19406

Region 4 Central Office Duty Station, One Baltimore Place, NE, Suite

100, Atlanta, Georgia 30308

Regions 5 and 7 Central Office Duty Station, 300 South Riverside

Plaza, Suite 1975S, Chicago, Illinois 60606-6611

Regions 6 and 8 Central Office Duty Station, 1114 Commerce Street,

Room 822, Dallas, Texas 75242

Regions 9 and 10 Central Office Duty Station, 211 Main Street, 4th

Floor, San Francisco, California 94105.

Dated: December 6, 1993.

Erskine B. Bowles,

Administrator.

[FR Doc. 94-2237 Filed 1-31-94; 8:45 am]

BILLING CODE 8025-01-M