Notice2023-22389
Privacy Act of 1974; Matching Program
Primary source
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Published
October 10, 2023
Issuing agencies
Small Business Administration
Abstract
Pursuant to section 552da[euro](12) of the Privacy Act of 1974, as amended, and the Office of Management and Budget (OMB) Guidelines on the Conduct of Matching Programs, and the Payment Integrity Information Act of 2019 (PIIA), notice is hereby given of the conduct of the Computer Matching Program pertaining to the Do Not Pay (DNP) Working System's support of the Small Business Administration's (SBA) programs are the Disaster Home Loan program, Business and Economic Injury Disaster Loan (EIDL) programs, 7(a) Loan programs, and 504 loan programs. This matching program will provide SBA with information that will help it identify potentially improper payments in these SBA Loan Programs.
Full Text
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<title>Federal Register, Volume 88 Issue 194 (Tuesday, October 10, 2023)</title>
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[Federal Register Volume 88, Number 194 (Tuesday, October 10, 2023)]
[Notices]
[Pages 69978-69979]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22389]
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SMALL BUSINESS ADMINISTRATION
Privacy Act of 1974; Matching Program
AGENCY: Office of Capital Access, U.S. Small Business Administration.
ACTION: Notice of a new matching program waiver.
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SUMMARY: Pursuant to section 552da[euro](12) of the Privacy Act of
1974, as amended, and the Office of Management and Budget (OMB)
Guidelines on the Conduct of Matching Programs, and the Payment
Integrity Information Act of 2019 (PIIA), notice is hereby given of the
conduct of the Computer Matching Program pertaining to the Do Not Pay
(DNP) Working System's support of the Small Business Administration's
(SBA) programs are the Disaster Home Loan program, Business and
Economic Injury Disaster Loan (EIDL) programs, 7(a) Loan programs, and
504 loan programs. This matching program will provide SBA with
information that will help it identify potentially improper payments in
these SBA Loan Programs.
DATES: Submit comments on or before November 9, 2023. This new matching
agreement will be effective upon publication and expires 36 months from
the date of publication.
ADDRESSES: Inquiries and comments on this proposed matching program can
be addressed to U.S. Small Business Administration, Attn: Sheri
McConville, (Acting) Director, Office of Performance and Systems
Management, Office of Capital Access, 409 3rd St. SW, Washington, DC
20416, or by email: <a href="/cdn-cgi/l/email-protection#f4a79c91869ddab997b79b9a829d989891b4879695da939b82"><span class="__cf_email__" data-cfemail="4d1e25283f2463002e0e22233b242121280d3e2f2c632a223b">[email protected]</span></a> and Bureau of the Fiscal
Service, Information and Security Services, Attn: David J. Ambrose,
Chief Security Officer/Chief Privacy Officer, Bureau of the Fiscal
Service, 3201 Pennsy Drive, Warehouse ``E'', Landover, MD 20785, or by
email: <a href="/cdn-cgi/l/email-protection#d99db8afb0bdf798b4bbabb6aabc99bfb0aabab8b5f7adabbcb8aaacaba0f7beb6af"><span class="__cf_email__" data-cfemail="d89cb9aeb1bcf699b5baaab7abbd98beb1abbbb9b4f6acaabdb9abadaaa1f6bfb7ae">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT:
Kelvin L. Moore, Chief Information Security Officer, Office of the
Chief Information Officer, Telephone (202-921-6273),
<a href="/cdn-cgi/l/email-protection#68230d041e0106462507071a0d281b0a09460f071e"><span class="__cf_email__" data-cfemail="db90beb7adb2b5f596b4b4a9be9ba8b9baf5bcb4ad">[email protected]</span></a>. Informational Privacy related inquiries: LaWanda
Burnette, Chief Privacy Officer, Telephone (202-853-0851),
<a href="/cdn-cgi/l/email-protection#eaa68bbd8b848e8bc4a89f98848f9e9e8faa99888bc48d859c"><span class="__cf_email__" data-cfemail="df93be88beb1bbbef19daaadb1baababba9facbdbef1b8b0a9">[email protected]</span></a>.
David J. Ambrose, Chief Security Officer/Chief Privacy Officer,
Bureau of the Fiscal Service, Telephone (202-874-6488),
<a href="/cdn-cgi/l/email-protection#763217001f1258371b140419051336101f0515171a58020413170503040f58111900"><span class="__cf_email__" data-cfemail="397d584f505d1778545b4b564a5c795f504a5a5855174d4b5c584a4c4b40175e564f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Computer Matching and Privacy Protection
Act of 1988 (Pub. L. 101-503), amended the Privacy Act (5 U.S.C. 552a)
by describing the way computer matching involving Federal agencies
could be performed and adding certain protections for individuals
applying for and receiving Federal benefits. Section 7201 of the
Omnibus Budget Reconciliation Act of 1990 (Pub. L. 101-508) further
amended the Privacy Act regarding protections for such individuals.
Moreover, PIIA, (31 U.S.C. 3351 et seq.), provides the head of the
agency operating the Do Not Pay Working System with the authority to
waive the requirements in 5 U.S.C. 552a(o), after consultation with
OMB, for matching programs conducted under the DNP Initiative (31
U.S.C. 3354). This Notice provides the public with information
regarding a matching program pertaining to the DNP Working System's
support of SBA Programs that have been granted a waiver, pursuant to
PIIA, from the Matching Agreement requirements in the Privacy Act. SBA
estimates this Agreement will save SBA and taxpayers millions of
dollars per year.
Participating Agencies
U.S. Small Business Administration as the recipient agency, will
match against the Bureau of the Fiscal Service, U.S. Department of the
Treasury.
Authority for Conducting the Matching Program
In accordance with 31 U.S.C. 3354, executive agencies are required
to ``review prepayment and pre-award procedures and ensure that a
thorough
[[Page 69979]]
review of available databases with relevant information on eligibility
occurs to determine program or award eligibility and prevent improper
payments before the release of any Federal funds.'' 31 U.S.C.
3354(a)(1).
The Debt Collection Improvement Act of 1996, 31 U.S.C. 3325(d) and
7701(c)(1).
Purpose(s)
The purpose of this program is to assist SBA in the identification
of potentially improper payments by allowing SBA access to four
restricted databases in DNP's Working System to screen SBA guaranteed
and direct loan applications for eligibility, and to conduct analyses
to prevent fraud and improper payments.
Categories of Individuals
Individuals/entities applying for or receiving the Disaster Home
Loan program; Business and Economic Injury Disaster Loan (EIDL)
programs; 7(a) Loan programs; and 504 loan programs.
Categories of Records
SBA is also functioning as the source agency and will furnish
information to the DNP Working System regarding SBA Program applicants
or benefit recipients. The requests from the SBA may include: The loan
applicant's name (which may include their individual name and/or
business/trading names, if applicable), Taxpayer Identification Number
(TIN), type of TIN, Unique Entity Identifier (UEI), address, date of
birth, sex, telephone number(s), email address(es), payment
information, associated banking information, and associated payment/
transaction information. The Bureau of the Fiscal Service will provide
a response record for each individual/entity identified by the source
agency. When there is a match between a record provided by the SBA and
one or more of the databases contained in the DNP Working System, the
DNP Working System will disclose to the source agency the presence of a
potentially matching record in the DNP Working System and the
database(s) that contain the potentially matching record(s).
System(s) of Records
SBA 20 Disaster Loans Case File, 86 FR 64979 (Nov 19, 2021); SBA 21
Loan Systems, 86 FR 23026 (April 30, 2021); and Treasury/Fiscal Service
.017--Do Not Pay Payment Verification Records, 85 FR 11776 (Feb. 27,
2020).
John A. Miller,
Deputy Associate Administrator for Office of Capital Access, U.S. Small
Business Administration.
[FR Doc. 2023-22389 Filed 10-6-23; 8:45 am]
BILLING CODE 8026-09-P
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