80 FR 65843 - Privacy Act of 1974: New System of Records

SMALL BUSINESS ADMINISTRATION

Federal Register Volume 80, Issue 207 (October 27, 2015)

The Small Business Administration (SBA) proposes to add a new system of records titled, Veteran Programs Training and Counseling Records, to its inventory of records systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. Publication of this notice complies with the Privacy Act and the Office of Management and Budget (OMB) Circular A-130 requirement for agencies to publish a notice in the Federal Register whenever the agency establishes a new system of records.

[Federal Register Volume 80, Number 207 (Tuesday, October 27, 2015)]
[Notices]
[Pages 65843-65844]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27257]



[[Page 65843]]

=======================================================================
-----------------------------------------------------------------------

SMALL BUSINESS ADMINISTRATION


Privacy Act of 1974: New System of Records

AGENCY: U.S. Small Business Administration.

ACTION: Notice of new Privacy Act system of records.

-----------------------------------------------------------------------

SUMMARY: The Small Business Administration (SBA) proposes to add a new 
system of records titled, Veteran Programs Training and Counseling 
Records, to its inventory of records systems subject to the Privacy Act 
of 1974 (5 U.S.C. 552a), as amended. Publication of this notice 
complies with the Privacy Act and the Office of Management and Budget 
(OMB) Circular A-130 requirement for agencies to publish a notice in 
the Federal Register whenever the agency establishes a new system of 
records.

DATES: This action will be effective without further notice on December 
11, 2015 unless comments are received that would result in a contrary 
determination.

ADDRESSES: Submit written comments to Linda Di Giandomenico, Acting 
Chief, Freedom of Information/Privacy Acts Office, U.S. Small Business 
Administration, 409 3rd Street SW., 8th Floor, Washington, DC 20416.

FOR FURTHER INFORMATION CONTACT: Linda Di Giandomenico, Acting Chief, 
Freedom of Information/Privacy Acts Office, (202) 401-8203.

SUPPLEMENTARY INFORMATION: A system of records is a group of any 
records under the control of a Federal agency from which information is 
retrieved by the name of an individual or by a number, symbol or other 
identifier assigned to the individual. The Privacy Act, 5 U.S.C. 552a, 
requires each Federal agency to publish in the Federal Register a 
system of records notice (SORN) identifying and describing each system 
of records the agency maintains, the purposes for which the agency uses 
the personally identifiable information (PII) in the system, the 
routine uses for which the agency discloses such information outside 
the agency, and how individuals can exercise their rights related to 
their PII information.
    The SBA's Office of Veterans Business Development (OVBD) provides 
counseling and training services to veterans, transitioning service 
members and their dependents. These services include the Boots to 
Business program, an entrepreneurial education initiative offered as a 
two part program and the Veterans Business Outreach Center program 
designed to provide entrepreneurial development services nationwide. 
VBOCs and other resource partners, established through cooperative 
agreements, implement SBA's veterans programs and initiatives as 
authorized by section 32 of the Small Business Act (15 U.S.C. 657b). In 
order to measure program performance, implement standardized outreach 
efforts and register participants for training/counseling, information 
is collected through various methods. These methods include 
registration forms, participant/client surveys, interviews, resource 
partner surveys, and data obtained through data sharing agreements with 
other Federal agencies. Collected information is used to analyze the 
population of veterans who are seeking entrepreneurial training, 
identify trends among participants, facilitate communication between 
the Office of Veterans Business Development and training/counseling 
participants and to evaluate the performance of the OVBD programs.

SYSTEM NAME:
    Veteran Programs Training and Counseling Records

SYSTEM LOCATION:
    SBA headquarters (HQ) and all SBA field offices

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM INCLUDE:
    Eligible service members, veterans and dependents who participate 
in the veteran training and counseling services provided by the Small 
Business Administration including services provided in conjunction with 
other agencies such as the Department of Defense.

CATEGORIES OF RECORDS IN THE SYSTEM:
    There records in this system include:
    1. Course data
    2. Personal Data (i.e. Name, email address, phone number)
    3. Military service data
    4. Demographics
    5. Previous business ownership experience data
    6. Transition Assistance Program data
    7. Course/counseling/training survey data

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    1. 15 U.S.C. 657b
    2. 44 U.S.C. 3101
    3. E.O. 9397

 PURPOSE(S):
    These records are used by program personnel for the following 
reasons:
    a. To determine basic program eligibility and to register 
individuals for veteran counseling and training programs.
    b. For program evaluation functions to determine the effectiveness 
of the program and to improve program operations.
    c. To facilitate interaction and communication regarding the 
effectiveness of the SBA veteran and training programs between the 
Office of Veterans Business Development and veteran training and 
counseling participants.
    d. To schedule and track participation in veteran counseling and 
training programs.
    e. To maintain contact information of individuals who complete 
veteran training and counseling programs for continued follow-up 
services.
    f. To disseminate program information to resource partner 
instructors.
    g. To reduce duplication of collections of information through 
approved data sharing agreements with other agencies.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed to authorized 
entities, as is determined to be relevant and necessary, outside SBA as 
a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    1. For Congressional Inquiry--To provide information to a 
Congressional office from the record of an individual in response to an 
inquiry from that Congressional office made at the request of that 
individual.
    2. For National Archives and Records Administration--To provide 
information to the National Archives and Records Administration for use 
in records management inspections.
    3. For Non-Federal Personnel--To provide information to SBA 
volunteers, contractors, interns, grantees, experts and others who have 
been engaged by SBA to perform or assist in the performance of a 
service related to this system of records and who need access to the 
records in order to perform such service. 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.
    4. 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,

[[Page 65844]]

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.
    5. 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.
    6. To appropriate agencies, entities, and persons when: SBA 
suspects or has confirmed that the security or confidentiality of 
information in the system of 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 or 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 as 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 IN THE SYSTEM:
STORAGE:
    Paper and electronic files.
    Data initially stored outside the SBA network due to contract 
requirements will be stored on secure servers and transferred to SBA 
upon completion of the contract. Transfers will be conducted in 
accordance with established security agreements.

RETRIEVABILITY:
    Data sharing files are retrieved by:
    1. Service, race, level of education, gender; or
    2. Pay grade, civilian address city, civilian address state code, 
civilian address zip code, Guard/Reserve status.
    SBA files are retrieved by:
    1. Name
    2. Gender
    3. Race
    4. Ethnicity
    5. Service
    6. Pay grade

SAFEGUARDS:
    Access and use is limited to persons with official need to know; 
computers are protected by password and user identification codes. 
Users are evaluated on a recurring basis to ensure need-to-know still 
exists.

RETENTION AND DISPOSAL:
    Records are maintained in accordance with SBA SOP 00 41 2, 
schedules 65:02 through 65:06. Records maintained as part of the 
General Records Schedules (GRS) are disposed of accordingly.

SYSTEM MANAGER(S) AND ADDRESS:
    Associate Administrators for SBA program offices carrying out 
Veteran Programs Training and Counseling, and Privacy Act Officer, 409 
Third Street SW., Washington, DC 20416.

NOTIFICATION PROCEDURE:
    Individuals may make record inquiries in person or in writing to 
the Systems Manager or SBA Privacy Act Officer.

ACCESS PROCEDURES:
    Systems Manager or Privacy Act Officer will determine procedures.

CONTESTING PROCEDURES:
    Notify officials listed above and state reason(s) for contesting 
any information and provide proposed amendment(s) sought.

RECORD SOURCE CATEGORIES:
    Information contained within this system is obtained from:
    1. Individuals covered by this system of records (e.g., 
transitioning service member, veterans, dependents)
    2. SBA Resource Partners
    3. DOD/DMDC

Linda Di Giandomenico
Acting Chief, Freedom of Information/Privacy Acts Office.
[FR Doc. 2015-27257 Filed 10-26-15; 8:45 am]
BILLING CODE 8025-01-P