Notice2023-00623
Privacy Act of 1974 System of Records Notice
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 17, 2023
Issuing agencies
Small Business Administration
Abstract
The U.S. Small Business Administration (SBA) proposes to modify its system of records titled, Government Contracting and Business Development System (SBA 30), to its inventory of records systems subject to the Privacy Act of 1974, as amended. Publication of this notice complies with the Privacy Act and the Office of Management and Budget (OMB) Circulars A-108 and A-130 requirement for agencies to publish a notice in the Federal Register whenever the agency establishes a new, modified or rescinds a system of records. System of Records Notice (SORN) Government Contracting and Business Development System, (SBA 30), includes modifying authority, categories of individuals, categories of records, record source categories, and routine use. SBA 30 has expanded the scope of its system of records with additional applications serving a unique purpose for carrying out the mission of the SBA Office of Government Contracting and Business Development. SBA 30 collects personal, business, veteran status, and financial information to determine if applicants qualify and if current participants certify or are compliant with statutory and regulatory requirements for continued eligibility for participation in the following government programs: 8(a) Business Development Program, Mentor Prot[eacute]g[eacute] Program (MPP) formerly known as All Small Mentor Prot[eacute]g[eacute] Program (ASMPP), Women Owned Small Business (WOSB) Federal Contracting Program, Historically Underutilized Business Zone (HUBZone) Program, Veteran Owned Small Business (VOSB) Program and any future certification programs deemed necessary by congress or statute.
Full Text
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<title>Federal Register, Volume 88 Issue 10 (Tuesday, January 17, 2023)</title>
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[Federal Register Volume 88, Number 10 (Tuesday, January 17, 2023)]
[Notices]
[Pages 2748-2750]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00623]
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SMALL BUSINESS ADMINISTRATION
Privacy Act of 1974 System of Records Notice
AGENCY: U.S. Small Business Administration.
ACTION: Notice of a modified system of records.
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SUMMARY: The U.S. Small Business Administration (SBA) proposes to
modify its system of records titled, Government Contracting and
Business Development System (SBA 30), to its inventory of records
systems subject to the Privacy Act of 1974, as amended. Publication of
this notice complies with the Privacy Act and the Office of Management
and Budget (OMB) Circulars A-108 and A-130 requirement for agencies to
publish a notice in the Federal Register whenever the agency
establishes a new, modified or rescinds a system of records. System of
Records Notice (SORN) Government Contracting and Business Development
System, (SBA 30), includes modifying authority, categories of
individuals, categories of records, record source categories, and
routine use. SBA 30 has expanded the scope of its system of records
with additional applications serving a unique purpose for carrying out
the mission of the SBA Office of Government Contracting and Business
Development. SBA 30 collects personal, business, veteran status, and
financial information to determine if applicants qualify and if current
participants certify or are compliant with statutory and regulatory
requirements for continued eligibility for participation in the
following government programs: 8(a) Business Development Program,
Mentor Prot[eacute]g[eacute] Program (MPP) formerly known as All Small
Mentor Prot[eacute]g[eacute] Program (ASMPP), Women Owned Small
Business (WOSB) Federal Contracting Program, Historically Underutilized
Business Zone (HUBZone) Program, Veteran Owned Small Business (VOSB)
Program and any future certification programs deemed necessary by
congress or statute.
DATES: Submit comments on or before February 16, 2023. This revised
system will be effective upon publication.
ADDRESSES: You may submit comments on this notice by any of the
following methods:
Federal e-Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow
the instructions for submitting comments.
Mail/Hand Delivery/Courier: Submit written comments to: Ms.
Beatrice Hidalgo, Office of Government Contracting and Business
Development, U.S. Small Business Administration, 409 3rd Street SW,
Suite 6300, Washington, DC 20416.
FOR FURTHER INFORMATION CONTACT: General questions, please contact Ms.
Hilary F. Cronin, Office of Government Contracting and Business
Development, U.S. Small Business Administration, 409 3rd Street SW,
Suite 6300, Washington, DC 20416 or via email <a href="/cdn-cgi/l/email-protection#9ad2f3f6fbe8e3b4d9e8f5f4f3f4dae9f8fbb4fdf5ec"><span class="__cf_email__" data-cfemail="0e4667626f7c77204d7c616067604e7d6c6f20696178">[email protected]</span></a>,
telephone (202) 205-7055. For Privacy related matters, please contact
Stephen Kucharski, (Acting) Chief Information Officer/Senior Agency
Official for Privacy, Office of the Chief Information Officer, U.S.
Small Business Administration, 409 3rd Street SW, Suite 4000,
Washington, DC 20416 or via email to <a href="/cdn-cgi/l/email-protection#d888aab1aeb9bba1b7bebeb1bbbdaa98abbab9f6bfb7ae"><span class="__cf_email__" data-cfemail="88d8fae1fee9ebf1e7eeeee1ebedfac8fbeae9a6efe7fe">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Privacy Act of 1974 (5 U.S.C. 552a), as
amended, embodies fair information practice principles in a statutory
framework governing the means by which Federal agencies collect,
maintain, use, and disseminate individuals' personal information. The
Privacy Act applies to records about individuals that are maintained in
a ``system of records.'' 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
another identifier assigned to the individual. The Privacy Act 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.
[[Page 2749]]
The modified Privacy Act system of records for titled, Government
Contracting and Business Development (GCBD) System, (SBA 30) will be
used by small business, SBA personnel and overseen by Office of
Government Contracting and Business Development. SBA 30 collects
personal, business, and financial information and veteran status to
determine if applicants are eligible and if current participants are
compliant with statutory and regulatory requirements for continued
eligibility for participation in the following government programs:
8(a) Business Development Program, MPP, WOSB Federal Contracting
Program, HUBZone Program, and VOSB Federal Contracting Program.
Multiple SBA IT systems/applications are used to certify the
participants on an SBA platform.
<a href="http://Certify.sba.gov">Certify.sba.gov</a> is a certification management system used for
elements of initial certification and continuing eligibility functions
for the 8(a) Business Development program and for MPP. Its primary
component is a custom developed application which includes an interface
for small businesses to manage their eligibility documents and
applications for various contracting programs, as well as workflows for
SBA staff.
<a href="http://WOSB.Certify.sba.gov">WOSB.Certify.sba.gov</a> is a certification management system used for
elements of initial certification and continuing eligibility functions
for the WOSB Program. Its primary component is a custom developed
application which includes an interface for small businesses to manage
their eligibility documents and applications for various contracting
programs, as well as workflows for SBA staff. HUBZone Certification
Tracking System (HCTS) is a certification management system used for
elements of initial certification and continuing eligibility for the
HUBZone program. <a href="http://veterans.certify.sba.gov">veterans.certify.sba.gov</a> is a certification management
system used for elements of initial application and continuing
eligibility functions for the VOSB program. Its primary component is a
custom developed application which includes an interface for small
businesses to manage their eligibility documents and applications for
various contracting programs, as well as workflows for SBA staff. To be
eligible for certification in SBA's Veteran Small Business
Certification Program, an applicant's small business must be owned and
controlled by one or more qualifying veterans. A ``qualifying veteran''
is a veteran as defined by 38 U.S.C. 101(2) or a service-disabled
veteran. The modification of SBA 30 will not have any undue impact on
the privacy of individuals and its use is compatible with collection.
System Name and Number: Government Contracting and Business
Development System, SBA 30.
System Classification: Unclassified.
System Location: SBA Headquarters, 409 3rd Street SW, Washington,
DC 20416.
System Manager(s): Hilary F. Cronin, Office of Government
Contracting and Business Development, U.S. Small Business
Administration, 409 3rd Street SW, Suite 6300, Washington, DC 20416.
Authority for Maintenance of the System: 15 U.S.C. 636 (j); 15
U.S.C. 637; 15 U.S.C. 657a(a); Public Law 105-13, 111 Stat. 26275 (15
U.S.C. 631); 13 CFR 125.9 and Section 862 of the National Defense
Authorization Act for Fiscal Year 2021, Public Law 116-283, 134 Stat.
3388 (January 1, 2021) (NDAA 2021), amended 38 U.S.C. 8127.
Purposes of the System: To collect personal, business, and
financial information used to determine eligibility of applicants and
current participants in the Agency's certification program to include
but not limited to: 8(a) Business Development Program, Mentor
Prot[eacute]g[eacute] Program (MPP) formerly known as All Small Mentor
Prot[eacute]g[eacute] Program (ASMPP), Women-Owned Small Business
(WOSB) Federal Contracting Program, Historically Underutilized Business
Zone (HUBZone) Program and Veteran Owned Small Business Program.
Categories of Individuals Covered by the System: Applicants and
program participants in SBA's 8(a) Business Development program, Mentor
Prot[eacute]g[eacute] Program, WOSB Federal Contracting Program,
HUBZone Program, and VOSB Federal Contracting Program.
Categories of Records in the System: Personal, business, veteran
status and financial information.
Record Source Categories: Small business applicants or participants
in the 8(a) Business Development program, Mentor Prot[eacute]g[eacute]
Program (formerly known as All Small Mentor Prot[eacute]g[eacute]
Program (ASMPP), HUBZone Program, WOSB Federal Contracting Program, and
VOSB Federal Contracting Program
Routine Uses of Records Maintained in the System, Including
Categories of Users and 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 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:
A. To the Department of Justice (DOJ), including offices of the U.S
Attorneys, or other Federal agency conducting litigation or in
proceedings before any court, adjudicative, or administrative body,
when it is deemed by the SBA to be relevant and necessary to the
litigation or the SBA has an interest in such litigation when any of
the following are a party to the litigation or have an interest in the
litigation: (1) Any employee or former employee of the SBA in his or
her official capacity; (2) Any employee or former employee of the SBA
in his or her individual capacity when DOJ or SBA has agreed to
represent the employee or a party to the litigation or have an interest
in the litigation; or (3) The United States or any agency thereof.
B. To a Congressional office from the record of an individual in
response to an inquiry from that Congressional office made at the
request of the individual. The member's access rights are no greater
than those of the individual.
C. To the National Archives and Records Administration (NARA) or
General Services Administration (GSA) pursuant to records management
inspections being conducted under the authority of 44 U.S.C. 2904 and
2906.
D. To an agency or organization, including the SBA's Office of
Inspector General, for the purpose of performing audit or oversight
operations as authorized by law, but only such information as is
necessary and relevant to such audit or oversight function.
E. To appropriate agencies, entities, and persons when (1) SBA
suspects or has confirmed that there has been a breach of the system of
records, (2) SBA has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, SBA (including
its information systems, programs, and operations), the Federal
Government, or national security; and (3) 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
breach or to prevent, minimize, or remedy such harm.
F. To another Federal agency or Federal entity, when SBA determines
that information from this system of records is reasonably necessary to
assist the recipient agency or entity in (1) responding to a suspected
or confirmed breach or (2) preventing, minimizing, or remedying the
risk of harm to individuals, the recipient agency or entity (including
its information systems, programs, and operations), the Federal
Government, or national
[[Page 2750]]
security, resulting from a suspected or confirmed breach.
G. To another agency or agent of a Government jurisdiction within
or under the control of the U.S., lawfully engaged in national security
or homeland defense when disclosure is undertaken for intelligence,
counterintelligence activities (as defined by 50 U.S.C. 3003(3)),
counterterrorism, homeland security, or related law enforcement
purposes, as authorized by U.S. law or Executive Order.
H. To SBA contractors, grantees, volunteers, interns, and experts
who have been engaged by SBA to assist in the performance and
performance improvement of a servicerelated to this system of records
and who need access to the records 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. Sec. 552a.
Policies and Practices for Storage of Records: Information is
stored electronically and is protected through the implementation of
multi-factor access controls, user permissions, event logging, and
monitoring. External media are further protected using encryption.
Policies and Practices for Retrieval of Records: Records are
retrieved by name of individual, business name, and Unique Entity
Identifier (UEI).
Policies and Practices for Retention and Disposal of Records:
Records are maintained in accordance with latest edition SBA Standard
Operating Procedure (SOP) series 00 41, schedules Records Management
Records 4.1 and Agency Accountability Records 5.7. Records maintained
as part of the General Records Schedules (GRS) are disposed of in
accordance with applicable SBA policies.
Administrative, Technical, and Physical Safeguards: Access and use
are limited to persons with official need to know. Users are evaluated
on a recurring basis to ensure need-to-know still exists. Safeguards
are implemented in accordance with the Federal Information Security
Modernization Act of 2014 (FISMA) and are evaluated on a recurring
basis to ensure desired operation.
Record Access Procedures: Individuals wishing to request access to
records about them should submit a Privacy Act request to the SBA
Chief, Freedom of Information and Privacy Act Office, U.S. Small
Business Administration, 409 Third St. SW, Eighth Floor, Washington, DC
20416 or <a href="/cdn-cgi/l/email-protection#0a4c45434b4a79686b246d657c"><span class="__cf_email__" data-cfemail="81c7cec8c0c1f2e3e0afe6eef7">[email protected]</span></a>. Individuals must provide their full name,
mailing address, personal email address, telephone number, and a
detailed description of the records being requested. Individuals
requesting access must also follow SBA's Privacy Act regulations
regarding verification of identity and access to records (13 CFR part
102 subpart B).
Contesting Record Procedures: Individuals wishing to contest
information contained in records about them should submit a Privacy Act
request to the SBA Chief, Freedom of Information and Privacy Act
Office, U.S. Small Business Administration, 409 Third St. SW, Eighth
Floor, Washington, DC 20416 or <a href="/cdn-cgi/l/email-protection#23656c6a62635041420d444c55"><span class="__cf_email__" data-cfemail="0640494f474675646728616970">[email protected]</span></a>. Individuals must provide
their full name, mailing address, personal email address, telephone
number, and a detailed description of the records being requested.
Requesting individuals must follow SBA's Privacy Act regulations
regarding verification of identity and access to records (13 CFR part
102 subpart B).
Notification Procedures: Individuals may make record inquiries in
person or in writing to the Systems Manager through the SBA Chief,
Freedom of Information and Privacy Act Office, U.S. Small Business
Administration, 409 Third St. SW, Eighth Floor, Washington, DC 20416 or
<a href="/cdn-cgi/l/email-protection#094f464048497a6b68276e667f"><span class="__cf_email__" data-cfemail="21676e6860615243400f464e57">[email protected]</span></a>.
Exemptions Promulgated for the System: None.
History: [FR Doc. 2004-54823, Vol. 69, No. 175]; and [FR Doc. 2021-
07363, Vol. 86, No. 68]
Hilary Cronin,
Director of Technology Solutions, Office of Government Contracting and
Business Development.
[FR Doc. 2023-00623 Filed 1-13-23; 8:45 am]
BILLING CODE 8026-09-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.