Notice2023-14709
Privacy Act of 1974; System of Records
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
July 12, 2023
Issuing agencies
Veterans Affairs Department
Abstract
Pursuant to the Privacy Act of 1974, notice is hereby given that the Department of Veterans Affairs (VA) proposes to revise the system of records titled "Loan Guaranty Fee Personnel and Program Participant Records--VA" (17VA26). This system contains information pertaining to Fee Personnel and Program Participants who are authorized to conduct VA property appraisals and those that process, close, fund and guaranty VA loans respectively. The previous system of records has expired and is being republished in full here.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 132 (Wednesday, July 12, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 132 (Wednesday, July 12, 2023)]
[Notices]
[Pages 44462-44466]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14709]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974; System of Records
AGENCY: Department of Veterans Affairs (VA), Veterans Benefits
Administration.
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Privacy Act of 1974, notice is hereby given
that the Department of Veterans Affairs (VA) proposes to revise the
system of records titled ``Loan Guaranty Fee Personnel and Program
Participant Records--VA'' (17VA26). This system contains information
pertaining to Fee Personnel and Program Participants who are authorized
to conduct VA property appraisals and those that process, close, fund
and guaranty VA loans respectively. The previous system of records has
expired and is being republished in full here.
DATES: Comments on this modified system of records must be received no
later than 30 days after date of publication in the Federal Register.
If no public comment is received during the period allowed for comment
or unless otherwise published in the Federal Register by VA, the
modified system of records will become effective a minimum of 30 days
after date of publication in the Federal Register. If VA receives
public comments, VA shall review the comments to determine whether any
changes to the notice are necessary.
ADDRESSES: Comments may be submitted through <a href="http://www.Regulations.gov">www.Regulations.gov</a> or
mailed to VA Privacy Service, 810 Vermont Avenue NW, (005X6F),
Washington, DC 20420. Comments should indicate that they are submitted
in response to ``Loan Guaranty Fee Personnel and Program Participant
Records--VA'' (17VA26). Comments received will be available at
<a href="http://regulations.gov">regulations.gov</a> for public viewing, inspection or copies.
FOR FURTHER INFORMATION CONTACT: Colin Deaso Assistant Director PMDI,
<a href="/cdn-cgi/l/email-protection#87c4e8ebeee9a9c3e2e6f4e8c7f1e6a9e0e8f1"><span class="__cf_email__" data-cfemail="2a6945464344046e4f4b59456a5c4b044d455c">[email protected]</span></a>, 202-632-8796 Loan Guaranty Service (26), VA Central
Office, Washington, DC 20420.
SUPPLEMENTARY INFORMATION: VA Loan Guaranty System(s) contain
information pertaining to Fee Personnel and Program Participants who
are authorized to conduct VA business for the purpose of delivering the
home loan benefit to Veterans. VA delegates authority to these
participants and the information assists VA Loan Guaranty in conducting
oversight of these participants. The modification is necessary as VA
Loan Guaranty transitions from physical paper information to electronic
storage of this information. Additionally, the previous system of
records has expired, necessitating republishing. Document images of
paper records will be transitioned to data elements to be stored
electronically in tables.
[[Page 44463]]
Signing Authority
The Senior Agency Official for Privacy, or designee, approved this
document and authorized the undersigned to sign and submit the document
to the Office of the Federal Register for publication electronically as
an official document of the Department of Veterans Affairs. Kurt D.
DelBene, Assistant Secretary for Information and Technology and Chief
Information Officer, approved this document on June 5, 2023 for
publication.
Dated: July 7, 2023.
Amy L. Rose,
Government Information Specialist, VA Privacy Service, Office of
Compliance, Risk and Remediation, Office of Information and Technology,
Department of Veterans Affairs.
SYSTEM NAME AND NUMBER:
Loan Guaranty Fee Personnel and Program Participant Records--VA
(17VA26).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records on non-suspended fee personnel and program participants are
maintained in Department of Veterans Affairs (VA) information systems,
VA Central Office, (VA) regional offices, medical and regional office
centers, VA offices, and VA centers having loan guaranty activities.
Records of non-supervised lenders and subsidiaries of supervised
lenders having authority to process VA loans automatically are
maintained in VA information systems, at VA Central Office, VA regional
offices, medical and regional office centers, VA offices, and VA
centers having loan guaranty activities. The National Control List of
suspended program participants and fee personnel are maintained in VA
information systems, at VA Central Office, at VA regional offices,
medical and regional office centers, VA offices, and VA centers having
loan guaranty activities. A Master Control list is maintained only at
VA Central Office or in VA information systems. Address locations are
listed in Appendix 1 at the end of this document.
SYSTEM MANAGER(S):
Colin Deaso, Assistant Director, PMDI, Loan Guaranty Service (26),
<a href="/cdn-cgi/l/email-protection#1a5975767374345e7f7b69755a6c7b347d756c"><span class="__cf_email__" data-cfemail="6e2d01020700402a0b0f1d012e180f40090118">[email protected]</span></a>, 202-632-8796, VA Central Office, Washington, DC
20420.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title 38, United States Code, chapter 3, section 210(c)(1); title
38, United States Code, chapters 21 and 37.
PURPOSE(S) OF THE SYSTEM:
VA Loan Guaranty System(s) contain information pertaining to Fee
Personnel and Program Participants who are authorized to conduct VA
business for the purpose of delivering the home loan benefit to
Veterans. VA delegates authority to these participants and the
information assists VA Loan Guaranty conduct oversight of these
participants. The modification is necessary as VA Loan Guaranty
transitions from physical paper information to electronic storage of
this information.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
(1) Fee personnel who may be paid by VA or by someone other than VA
(i.e., appraisers, compliance inspectors, management brokers, and loan
closing and fee attorneys who are not VA employees but are paid for
actual case work performed), and
(2) Program participants (i.e., property management brokers and
agents, real estate sales brokers and agents, participating lenders and
their employees, title companies whose fees are paid by someone other
than VA, and manufactured home dealers, manufacturers, and manufactured
home park or subdivision owners).
CATEGORIES OF RECORDS IN THE SYSTEM:
(1) Applications by individuals to become VA-approved fee basis
appraisers, compliance inspectors, fee attorneys, or management
brokers; These applications include information concerning applicant's
name, address, email address, business phone numbers, Social Security
numbers or taxpayer identification numbers, and professional
qualifications,
(2) Applications by non-supervised lenders for approval to close
guaranteed loans without the prior approval of VA (automatically),
applications by non-supervised lender for the nomination and
recommendation of VA Credit Underwriter; These applications include
information concerning the applicant's name, address, email address,
business phone numbers, Social Security numbers, relevant employment
history and experience and other necessary qualifications,
(3) Applications by lenders supervised by Federal or State agencies
for designation as supervised automatic lenders in order that they may
close loans without the prior approval (automatically) of VA;
applications for automatic approval or designation (i.e., (2) and (3))
contain information concerning the corporate structure of the lender,
professional qualifications of the lender's officers or employees,
financial data such as profit and loss statements and balance sheets to
insure the firm's financial integrity;
(4) Identifying information such as names, business names (if
applicable), addresses, email addresses phone numbers, and professional
resumes of corporate officials or employees,
(5) Corporate structure information on prior approval lenders,
participating real estate sales brokers or agents, developers,
builders, investors, closing attorneys, or other program participants
as necessary to carry out the functions of the Loan Guaranty Program,
(6) Records of performance concerning appraisers, compliance
inspectors, management brokers, or fee attorneys on both firms and
individual employees,
(7) Records of performance including disciplinary proceedings,
concerning program participants, e.g., lenders, investors, real estate
brokers, builders, fee appraisers, compliance inspectors, and
developers both as to the firm and to individual employees maintained
on an as-needed basis to carry out the functions of the Loan Guaranty
Program;
(8) The National Control Lists which identify suspended real estate
brokers and agents, lenders and their employees, investors,
manufactured home dealers and manufacturers, and builders or
developers; and
(9) A master record of the National Control List (i.e., Master
Control List) which includes information regarding parties previously
suspended but currently reinstated to participation in the Loan
Guaranty Program in addition to all parties currently suspended.
RECORD SOURCE CATEGORIES:
The information and the records in this system are obtained from
the applicant, lenders, brokers and builder/sellers, credit and
financial reporting agencies, an applicant's credit sources, depository
institutions and employers, independent auditors and accountants,
hazard insurance companies, taxing authorities, title companies, fee
personnel, business and professional organizations, other VA records,
other Federal, State, and local agencies, and other parties of interest
involving VA guaranteed, insured, vendee or direct loans or specially
adapted housing.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
1. Congress: To a Member of Congress or staff acting upon the
Member's behalf when the Member or staff requests the information on
behalf of, and at the request of, the individual who is the subject of
the record.
[[Page 44464]]
2. Data breach response and remediation, for VA: To appropriate
agencies, entities, and persons when (1) VA suspects or has confirmed
that there has been a breach of the system of records,[middot] (2) VA
has determined that as a result of the suspected or confirmed breach
there is a risk of harm to individuals, VA (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 VA's
efforts to respond to the suspected or confirmed breach or to prevent,
minimize, or remedy such harm.
3. Data breach response and remediation, for another Federal
agency: To another Federal agency or Federal entity, when VA 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 security, resulting from a suspected or
confirmed breach.
4. Law Enforcement: To a Federal, state, local, territorial,
tribal, or foreign law enforcement authority or other appropriate
entity charged with the responsibility of investigating or prosecuting
such violation or charged with enforcing or implementing such law,
provided that the disclosure is limited to information that, either
alone or in conjunction with other information, indicates a violation
or potential violation of law, whether civil, criminal, or regulatory
in nature. The disclosure of the names and addresses of veterans and
their dependents from VA records under this routine use must also
comply with the provisions of 38 U.S.C. 5701.
5. DoJ for Litigation or Administrative Proceeding: To the
Department of Justice (DoJ), or in a proceeding before a court,
adjudicative body, or other administrative body before which VA is
authorized to appear, when:
(a) VA or any component thereof;
(b) Any VA employee in his or her official capacity;
(c) Any VA employee in his or her individual capacity where DoJ has
agreed to represent the employee; or
(d) The United States, where VA determines that litigation is
likely to affect the agency or any of its components, is a party to
such proceedings or has an interest in such proceedings, and VA
determines that use of such records is relevant and necessary to the
proceedings.
6. Contractors: To contractors, grantees, experts, consultants,
students, and others performing or working on a contract, service,
grant, cooperative agreement, or other assignment for VA, when
reasonably necessary to accomplish an agency function related to the
records.
7. OPM: To the Office of Personnel Management (OPM) in connection
with the application or effect of civil service laws, rules,
regulations, or OPM guidelines in particular situations.
8. EEOC: To the Equal Employment Opportunity Commission (EEOC) in
connection with investigations of alleged or possible discriminatory
practices, examination of Federal affirmative employment programs, or
other functions of the Commission as authorized by law.
9. FLRA: To the Federal Labor Relations Authority (FLRA) in
connection with the investigation and resolution of allegations of
unfair labor practices, the resolution of exceptions to arbitration
awards when a question of material fact is raised, matters before the
Federal Service Impasses Panel, and the investigation of representation
petitions and the conduct or supervision of representation elections.
10. MSPB: To the Merit Systems Protection Board (MSPB) in
connection with appeals, special studies of the civil service and other
merit systems, review of rules and regulations, investigation of
alleged or possible prohibited personnel practices, and such other
functions promulgated in 5 U.S.C. 1205 and 1206, or as authorized by
law.
11. NARA: To the National Archives and Records Administration
(NARA) in records management inspections conducted under 44 U.S.C. 2904
and 2906, or other functions authorized by laws and policies governing
NARA operations and VA records management responsibilities.
12. Governmental Agencies, for VA Hiring, Security Clearance,
Contract, License, Grant: To a Federal, state, local, or other
governmental agency maintaining civil or criminal violation records, or
other pertinent information, such as employment history, background
investigations, or personal or educational background, to obtain
information relevant to VA's hiring, transfer, or retention of an
employee, issuance of a security clearance, letting of a contract, or
issuance of a license, grant, or other benefit. The disclosure of the
names and addresses of veterans and their dependents from VA records
under this routine use must also comply with the provisions of 38
U.S.C. 5701.
13. Federal Agencies, for Employment: To a Federal Agency, except
the United States Postal Service, or to the District of Columbia
government, in response to its request, in connection with that
agency's decision on the hiring, transfer, or retention of an employee,
the issuance of a security clearance, the letting of a contract, or the
issuance of a license, grant, or other benefit by that agency.
14. State or Local Agencies, for Employment: To a state, local, or
other governmental agency, upon its official request, as relevant and
necessary to that agency's decision on the hiring, transfer, or
retention of an employee, the issuance of a security clearance, the
letting of a contract, or the issuance of a license, grant, or other
benefit by that agency. The disclosure of the names and addresses of
veterans and their dependents from VA records under this routine use
must also comply with the provisions of 38 U.S.C. 5701.
15. Federal Agencies involved in Loan Origination: Other Groups
Involved in Housing and Home Loan Origination: Identifying information
and the reasons for the suspension of builders, developers, lenders,
lender employees, real estate sales brokers and agents, manufactured
home dealers, manufacturers, or other program participants suspended
from participation in the Loan Guaranty Program may be disclosed to the
Department of Housing and Urban Development (HUD), the Federal Housing
Administration (FHA), United States Department of Agriculture (USDA),
Farmers Home Administration, or other Federal, State, or local agencies
to enable that agency to consider imposing similar restrictions on
these suspended persons and/or firms.
16. Other Groups Involved in Housing and Home Loan Origination:
Identifying information and the performance records of qualified fee
appraisers and compliance inspectors, including any information
regarding their termination, non-redesignation, temporary suspension,
or resignation from participation in the Loan Guaranty Program,
including the records of any disciplinary proceedings, may be disclosed
to Federal, State, or local, or non-government agencies, businesses,
and professional organizations, to permit these entities to employ,
continue to employ or contract for the services of qualified fee
personnel, monitor the performance of such personnel, and take any
appropriate disciplinary action.
[[Page 44465]]
17. Business Associations: Other Groups Involved in Housing and
Home Loan Origination: Identifying information as well as other
information such as educational background and former business
associations may be disclosed to business and professional
organizations in order for VA to obtain these organizations'
recommendations concerning the performance, character, professional
activities, and other qualifications relating to participation in the
Loan Guaranty Program.
18. Treasury, to Report Earnings as Income:
To the Department of the Treasury to report calendar year earnings
of $600 or more for income tax reporting purposes.
19. Participants in Loan Guaranty Programs: Identifying information
and the reasons for suspension of individuals and/or firms suspended
from the Loan Guaranty Program may be disclosed to other participants
in the Loan Guaranty Program in order that to decide whether or not to
employ, or continue to employ, or contract with a suspended individual
or firm.
20. Individual Participants in Loan Guaranty Programs: Identifying
information and information concerning the performance of contractors,
fee personnel, and other program participants may be released to
consumer reporting agencies in order that VA may obtain information on
their prior dealings with other Government agencies and so that other
Government agencies may have the benefit of VA's experience with such
parties.
21. General Services Administration (GSA): The names and addresses
of debarred or suspended Loan Guaranty Program participants as well as
the effective date and term of the exclusion may be disclosed to the
General Services Administration to compile and maintain the ``Lists of
Parties Excluded from Federal Procurement or Nonprocurement Programs.''
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records on fee personnel and program participants are kept in a VA
participant information system indefinitely, kept on paper documents,
maintained in file folders and as electronically scanned documents. The
National Control List of suspended program participants is also
maintained in electronic storage within the VA datacenter. Records in
this system are retained and disposed of in accordance with the
schedule approved by the Archivist of the United States
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
All records are retrievable through the user interface of the
information system or indexed or cross-indexed by the name of the
individual or the firm.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records pertaining to fee personnel must be retained until imaged
and uploaded into the VA system of record and as outlined in the
records control schedule. Destruction of all the above records is
accomplished by either shredding or burning. Electronic VA information
systems records are kept indefinitely.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Access to VA participant information systems is managed through
identity and access manager controls. VA working spaces and record file
storage areas is restricted to VA employees on a ``need to know''
basis. Generally, VA file areas are locked after normal duty hours and
are protected from outside access by the Federal Protective Service or
other VA security personnel. Sensitive files involving pending
suspension, or a legal action are stored in separate locked files, and
or electronically scanned and securely stored in VA information
systems.
RECORD ACCESS PROCEDURES:
An individual seeks access to records maintained under his or her
name on this system may write or call Department of Veterans Affairs
Regional Office, Loan Guaranty Service. Address locations are listed in
VA Appendix 1 at the end of this document. However, some of the records
in this system are exempt from the record access requirements under 5
U.S.C. 552a(k). To the extent that records in this system of records
are not subject to exemption, they are subject to access. A
determination as to whether an exemption applies shall be made at the
time a request for access is received.
CONTESTING RECORD PROCEDURES:
(See Record access procedures above.)
NOTIFICATION PROCEDURES:
An individual who wishes to determine whether a record is being
maintained in this system under his or her name or other personal
identifier or wants to determine the contents of such record should
submit a written request Department of Veterans Affairs Loan Guaranty
Service. Addresses for VA Regional Loan Centers may be found in VA
Appendix 1 at the end of this document or <a href="http://VA.gov">VA.gov</a>. All inquiries must
reasonably identify the benefit or system of records involved, i.e.;
Loan Guaranty. Inquiries should include the individual's full name, VA
file number or loan number. If the VA file or loan number is not
available, then as much of the following information as possible should
be forwarded: Address of the property secured by a VA- guaranteed,
insured or portfolio loan, owner or former owners of the property, name
of lender and lender's loan number, branch of service, service number
or social security number. Some of the records in this system are
exempt from the notification requirement under 5 U.S.C. 552a(k). To the
extent that records in this system of records are not subject to
exemption, they are subject to notification. A determination as to
whether an exemption applies shall be made at the time a request for
notification is received.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
The Department of Veterans Affairs has exempted this system of
records from the following provisions of the Privacy Act of 1974, as
permitted by 5 U.S.C. 552a(k)(2), 5 U.S.C. 552a(c)(3), 5 U.S.C.
552a(d), 5 U.S.C. 552a(e)(1), 5 U.S.C. 552a(e)(4)(G), (H) and (I), and
5 U.S.C. 552a(f).
Reasons for exemptions: The exemption of information and material
in this system of records is necessary in order to accomplish the law
enforcement functions of the Loan Guaranty Service to prevent subjects
of internal audit investigations for potential fraud and abuse in the
VA Loan Guaranty Program from frustrating the investigatory process, to
fulfill commitments made to protect the confidentiality of sources, to
maintain access to sources of information and to avoid endangering
these sources.
HISTORY:
78 FR 71727, November 29, 2013.
VA Appendix 1: VA Regional Offices with Loan Activities. Veterans
should call the telephone numbers listed to obtain information or
assistance with the VA Home Loan program. For more information or to
search for a facility near you by jurisdiction, visit <a href="http://www.benefits.va.gov/homeloans/contact_rlc_info.asp">http://www.benefits.va.gov/homeloans/contact_rlc_info.asp</a> or call (877) 827-
3702. Please send address and telephone number corrections to:
Department of Veterans Affairs, Loan Guaranty Service (26), 810 Vermont
Ave. NW, Washington, DC 20420. Atlanta Regional Loan Center
Jurisdiction for Georgia, North Carolina, South Carolina, Tennessee:
Office: 1700 Clairmont Road, Decatur, GA 30033-4032 Mail: P.O. Box
100023, Decatur, GA 30031-7023 Cleveland Regional Loan Center
Jurisdiction for Connecticut, Delaware, Indiana, Maine, Massachusetts,
Michigan, New
[[Page 44466]]
Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island,
Vermont: Office and Mail: 1240 East, Ninth Street, Cleveland, OH 44199
Denver Regional Loan Center Jurisdiction for Alaska, Colorado, Idaho,
Montana, Oregon, Utah, Washington, Wyoming: Office: 155 Van Gordon
Street, Lakewood, CO 80228 Mail: Box 25126, Denver, CO 80225 Houston
Jurisdiction for Arkansas, Louisiana, Oklahoma, Texas: Office and Mail:
6900 Almeda Road, Houston, TX 77030-4200 Phoenix Jurisdiction for
Arizona, California, New Mexico, Nevada, Hawaii, Guam, American Samoa,
Commonwealth of the Northern Marianas: Office and Mail: 3333 N Central
Avenue, Phoenix, AZ 85012-2402 Roanoke Jurisdiction for District of
Columbia, Kentucky, Maryland, Virginia, West Virginia: Office: 210
First Street, Roanoke, VA 24011 Mail: 116 N Jefferson Street, Roanoke,
VA 24016 St. Paul Jurisdiction for Illinois, Iowa, Kansas, Minnesota,
Missouri, Nebraska, North Dakota, South Dakota, Wisconsin: Office and
Mail: 1 Federal Drive, Ft. Snelling, St. Paul, MN 55111-4050 St.
Petersburg Jurisdiction for Alabama, Florida, Mississippi, Puerto Rico,
U.S. Virgin Islands: Office and Mail: 9500 Bay Pines Boulevard, Bay
Pines, FL 33744.
[FR Doc. 2023-14709 Filed 7-11-23; 8:45 am]
BILLING CODE 8320-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on July 12, 2023.
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.