Notice2023-20055
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
September 15, 2023
Issuing agencies
Veterans Affairs Department
Abstract
Pursuant to the Privacy Act of 1974, notice is hereby given that VA is modifying the system of records entitled, "Loan Guaranty Home, Condominium and Manufactured Home Loan Applicants Records, Specially Adapted Housing Applicant Records, and Vendee Loan Applicant Records-- VA" (55VA26). This system is used to identify potential liability to the Federal Government for exposure to loans guaranteed by VA; to maintain data to accurately provide information pursuant to annual congressional reporting obligations; to conduct oversight over the loan process and review loans issued by lenders for compliance to credit underwriting policies; and to allow for the review of eligibility and entitlements for Veteran applicants as well as compliance to policies by the program participants (which would include lenders, servicers, appraisers, builders, staff appraiser reviewer (SARs), underwriters, compliance inspectors, and other requesters. VA is republishing the system notice in its entirety.
Full Text
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<title>Federal Register, Volume 88 Issue 178 (Friday, September 15, 2023)</title>
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[Federal Register Volume 88, Number 178 (Friday, September 15, 2023)]
[Notices]
[Pages 63686-63692]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-20055]
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DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974; System of Records
AGENCY: Veterans Benefits Administration, Department of Veterans
Affairs (VA).
ACTION: Notice of a modified system of records.
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SUMMARY: Pursuant to the Privacy Act of 1974, notice is hereby given
that VA is modifying the system of records entitled, ``Loan Guaranty
Home, Condominium and Manufactured Home Loan Applicants Records,
Specially
[[Page 63687]]
Adapted Housing Applicant Records, and Vendee Loan Applicant Records--
VA'' (55VA26). This system is used to identify potential liability to
the Federal Government for exposure to loans guaranteed by VA; to
maintain data to accurately provide information pursuant to annual
congressional reporting obligations; to conduct oversight over the loan
process and review loans issued by lenders for compliance to credit
underwriting policies; and to allow for the review of eligibility and
entitlements for Veteran applicants as well as compliance to policies
by the program participants (which would include lenders, servicers,
appraisers, builders, staff appraiser reviewer (SARs), underwriters,
compliance inspectors, and other requesters. VA is republishing the
system notice in its entirety.
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 Home, Condominium, Manufactured Home Loan
Applicant Records, Specially Adapted Housing Applicant Records, and
Vendee Loan Applicant Records--VA (55VA26). Comments received will be
available at <a href="http://regulations.gov">regulations.gov</a> for public viewing, inspection, or copies.
FOR FURTHER INFORMATION CONTACT: Robert Colin Deaso, 202-632-8796,
Assistant Director, PMDI, Loan Guaranty Service (26), VA Central
Office, Washington, DC 20420.
SUPPLEMENTARY INFORMATION: VA is modifying the system of records by
making revisions to the following sections: System Location; Authority
for Maintenance of the System; Purpose; Categories of Individuals
Covered by the System; Categories of Records in the System; Record
Source Categories; Policies and Practices for Storage of Records;
Policies and Practices for Retrieval of Records; Policies and Practices
for Retention and Disposal of Records; Record Access Procedures;
Contesting Record Procedures; Notification Procedures; and History. The
Routine Uses of Records Maintained in the System section is also being
updated. Specifically, the first 11 routine uses are standard across
most VA Systems of Records and were either modified and/or added. The
routine uses are otherwise the same or minorly edited for consistency
and clarity.
The Report of Intent to Amend a System of Records Notice and an
advance copy of the system notice have been sent to the appropriate
Congressional committees and to the Director of the Office of
Management and Budget (OMB) as required by 5 U.S.C. 552a(r) (Privacy
Act) and guidelines issued by OMB (65 FR 77677), December 12, 2000.
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 August 7, 2023 for
publication.
SYSTEM NAME AND NUMBER:
Loan Guaranty Home, Condominium and Manufactured Home Loan
Applicant Records, Specially Adapted Housing Applicant Records, and
Vendee Loan Applicant Records--VA (55VA26).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained in the VA information systems, VA Central
Office, Regional Offices, Regional Loan Centers, VA offices and VA data
processing centers having jurisdiction over the geographic area in
which the property securing a VA-guaranteed, insured, or direct loan or
on which a specially adapted housing grant has been issued is located.
Records may be temporarily transferred between fields stations or to
the VA Central Office for necessary appeals, reviews, or quality
control reviews. Address locations are listed in VA Appendix I.
SYSTEM MANAGER(S):
R. Colin Deaso, Assistant Director, PMDI, Loan Guaranty Service
(26), VA Central Office, Washington, DC 20420.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
38 U.S.C. 501; 38 U.S.C. Ch. 21; 38 U.S.C. Ch. 37.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to identify potential liability to
the Federal Government for exposure to loans guaranteed by VA; to
maintain data to accurately provide information pursuant to annual
congressional reporting obligations; to conduct oversight over the loan
process and review loans issued by lenders for compliance to credit
underwriting policies; and to allow for the review of eligibility and
entitlements for Veteran applicants as well as compliance to policies
by the program participants (which would include lenders, servicers,
appraisers, builders, staff appraiser reviewer (SARs), underwriters,
compliance inspectors, and other requesters.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The following categories of individuals will be covered by this
system:
(1) Disabled Veterans who have applied for and received specially
adapted housing assistance under title 38 U.S.C. Ch. 21;
(2) Veterans, their spouses or unmarried surviving spouses who have
applied for and received VA housing credit assistance under title 38
U.S.C. Ch. 37;
(3) Person(s) applying to purchase VA owned properties (vendee
loans);
(4) Transferee owners of properties encumbered by a VA-guaranteed,
insured, direct or vendee loan (e.g., individuals who have assumed a
VA-guaranteed loan and those who have purchased property directly from
VA); and
(5) Individuals other than those identified above who may have
applied for loan guaranty benefits from VA.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records (or information contained in records) may include the
following:
(1) Military service information from a Veteran's discharge
certificate (DD Form 214, 215) which specifies name, service number,
date of birth, rank, period of service, length of service, branch of
service, pay grade, and other information relating to a Veteran's
military service (e.g., character of service, assigned separation
reason code, whether a Veteran is out of the service);
(2) Medical records containing specific information regarding a
Veteran's physical disability (e.g., blindness, paraplegic condition,
loss of
[[Page 63688]]
limbs) which is used to determine eligibility and need for specially
adapted housing;
(3) Adjudication records relating to: (a) Medical determinations by
VA that a Veteran is eligible and needs specially adapted housing; or
(b) VA determinations for Veterans who have received an Other than
Honorable discharge might be eligible for VA credit assistance
benefits;
(4) Applications for certificates of eligibility (these
applications generally contain information from a Veteran's military
service records except for character of discharge);
(5) Applications for FHA Veterans' low-down payment loans (these
applications generally contain information from a Veteran's military
service records including whether or not a Veteran is in the service);
(6) Applications for a guaranteed or direct loan, applications for
release of liability, applications for substitutions of VA entitlement
and applications for specially adapted housing (these applications
generally contain information relating to employment, income, credit,
personal data; e.g., social security number, marital status, number and
identity of dependents; assets and liabilities at financial
institutions, profitability data concerning business of self-employed
individuals, information relating to an individual Veteran's loan
account and payment history on a VA-guaranteed, direct, or vendee loan
on an acquired property, medical information when specially adapted
housing is sought, and information regarding whether a Veteran owes a
debt to the United States) and may be accompanied by other supporting
documents which contain the above information;
(7) Applications for the purchase of a VA acquired property (e.g.,
vendee loans--these applications generally contain personal and
business information on a prospective purchaser such as social security
number, credit, income, employment history, payment history, business
references, personal information and other financial obligations and
may be accompanied by other supporting documents which contain the
above information);
(8) Loan instruments including deeds, notes, installment sales
contracts, and mortgages;
(9) Property management information, e.g., condition and value of
property, inspection reports, notices of value, correspondence and
other information regarding the condition of the property (occupied,
vandalized), and a legal description of the property, including
geographic identifying information including, but not limited to,
latitude and longitude coordinates, and FIPS or Block ID codes;
(10) Information regarding VA loan servicing activities regarding
default, repossession and foreclosure procedures, assumable loans,
payment of taxes and insurance, filing of judgments (liens) with State
or local authorities and other related matters in connection with
active and/or foreclosed loans; and
(11) Information regarding the status of a loan (i.e., approved,
pending, or rejected by VA).
RECORD SOURCE CATEGORIES:
The VA records in this system are obtained from the applicant;
lenders; brokers and builder/sellers; an applicant's credit sources;
depository institutions and employers; hazard insurance companies;
taxing authorities; title companies; fee personnel; 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.
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,
(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, Litigation, 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
[[Page 63689]]
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. Credit Underwriting
To credit reporting agencies, companies extending credit,
depository institutions, utility companies, investors, insurance
companies, governmental agencies, lenders, and employers to enable such
parties to provide VA with information regarding income, credit, assets
and liabilities information on applicants, mortgagors, or obligors and
to provide VA with information regarding the status of obligations,
payment records, employment histories, assets for closing fees and
other assets and liabilities.
13. Asset Verification
To a prospective mortgagee proposing to make a guaranteed loan on
the Veteran applicant's behalf, provided that VA discloses Information
on the application for a guaranteed or direct loan, and on the
certificate of reasonable value and information verifying an
applicant's employment and/or amount of deposit in a financial
institution.
14. Commitment Denial
To a prospective lender regarding the status (i.e., approved,
pending, or rejected) of an application for VA loan benefits or for a
loan account and the reasons for rejection. When VA has rejected a loan
application, the information disclosed may include information from
another VA record such as a debt which the Veteran owes to the United
States or information from a claims file relating to a Veteran's
ability to discharge an obligation.
15. Commitment Status
To a seller, a spouse of a seller, or the spouse of the Veteran-
applicant who is an actual party in interest to the guaranteed, insured
or direct loan transaction in order to inform such party of the status
of the loan application, provided that only the fact that the loan has
been approved, rejected, or is pending may be disclosed. However, a
statement of the reason for rejection of the loan may also be provided
to the spouse of the Veteran-applicant if the spouse is a joint
applicant for the loan or would be jointly liable on the loan.
16. Acquired Properties
To a broker aiding in the sale of a VA-acquired property in order
for the broker to assist the prospective purchaser in completing his or
her application, provided that the information disclosed is about the
application for a VA-acquired property (vendee loan) concerning a
prospective purchaser. Such information may include an explanation of
specific loan document discrepancies or specific information on income
or credit.
17. Loan Status
To persons or organizations extending credit or providing services
or other benefits to the obligor, or persons or organizations
considering the extension of credit, services or other benefits to the
potential obligor provided the name, address, or other information
necessary to identify the obligor is given beforehand by the requester,
and that information disclosed is about the status (i.e., the payment
record), of a guaranteed, insured, direct, or VA-acquired property
(vendee) loan account(s).
18. Hazard Insurance, Real Estate Taxing Authorities
To hazard insurance companies and real estate taxing authorities to
obtain billings and to authorize payments of such obligations as they
become due from the direct and vendee (portfolio) loan escrow accounts,
provided that disclosed information is the name and address of an
obligor (e.g., an individual who has obtained a VA-guaranteed loan or
purchased a VA property), and the account number (insurance, tax
number).
19. Substitution of Entitlement Release of Liability
To parties presently liable on a VA loan, loan guaranty or loan
insurance agreement, provided that disclosed information is about
Information as to the acceptability or nonacceptability of a
prospective purchaser preparing to assume liability to VA under a
mortgage contract or of a prospective purchaser preparing to substitute
loan guaranty entitlement for the party presently obligated. In
addition, the acceptability or nonacceptability of a transferee owner
may be disclosed to parties presently liable on a VA loan, loan
guaranty or loan insurance agreement, for the purpose of releasing the
original Veteran borrower, or a Veteran who substituted loan guaranty
entitlement for the original Veteran borrower, from liability. The
reason(s) for nonacceptability of the prospective loan assumer or
transferee or of a purchaser/transferee (e.g., poor credit history,
insufficient income and/or debts owed the U.S.) may also be disclosed
to parties presently liable on a VA loan, loan guaranty or loan
insurance agreement in order to inform the parties presently liable of
the reasons for the nonacceptability.
20. Delinquent Loan
To prior owners remaining contingently liable for indebtedness to
permit prior owners to take necessary action(s) to protect their
interest where loan liquidation is indicated and to prevent a possible
debt to the Government which may be placed against the prior owner,
provided that disclosure is of the default status of a delinquent loan
account (e.g., amount of payments in arrears, number of months in
arrears, what efforts VA has taken to service the loan, condition of
the property, repayment schedule, and total amount of debt).
21. Liquidate Defaulted Loans
To the U.S. Department of Justice or United States Attorneys in
order for the Department of Justice of U.S. Attorneys to liquidate a
defaulted loan by judicial process and take title on the foreclosed
property in accordance with State law. Any information in this system
may also be disclosed to the Department of Justice or U.S. Attorneys in
order for the foregoing parties to prosecute or defend litigation
involving or pertaining to the United States. Any relevant information
in this system may also be disclosed to other Federal agencies upon
their request in connection with review of administrative tort claims
and potential tort claims filed under the Federal Tort Claims Act, 28
U.S.C. 2672, the Military Claims Act, 10 U.S.C. 2733, and other similar
claims statutes.
22. Loan Data
To the General Accounting Office (GAO) to enable the GAO to pursue
necessary collection activities and obtain a judgment against the
obligor(s), provided that disclosed information is loan account
information (e.g., loan account number, property condition, legal
description of property, date loan issued, amount of loan and amount in
arrears), current credit reports containing name and address of an
[[Page 63690]]
obligor and the cause and date(s) of default may be disclosed.
23. Vendee Loan Data
To active investors purchasing or considering the purchase of VA
direct or vendee loans from VA or from a previous investor, provided
that information disclosed is from a direct or vendee loan account
record. Such information will be furnished to active prospective
investors to provide a basis for their submitting an offer to purchase
loans and to actual investors in order that they may establish loan
accounts on purchased loans. Such information may also be disclosed to
financial advisors to assist VA in developing strategies for marketing
these loans, and to investment bankers, bond rating agencies, other
government agencies, private mortgage insurance companies, bonding
companies, master servicers, and others involved in the marketing or
sale of vendee loans, including legal counsel, accountants and auditors
for such entities.
24. Federal Employee Obligations
To a debtor's Federal employing agency or commanding officer so
that the debtor-employee may be counseled by his or her federal
employer or commanding officer and to assist in the collection of
unpaid financial obligations owed the U.S., provided that information
is about the nature and amount of a financial obligation. This purpose
is consistent with 5 U.S.C. 5514, 4 CFR 102.5, and section 206 of
Executive Order 11222 of May 8, 1965 (30 FR 6469).
25. Guardians Ad Litem, for Representation
To a fiduciary or guardian ad litem in relation to his or her
representation of a claimant in any legal proceeding as relevant and
necessary to fulfill the duties of the fiduciary or guardian ad litem.
26. Locate Contact Information for Debt Collection
To other Federal agencies, State probate courts, State driver's
license bureaus, and State automobile title and license bureaus in
order for VA to obtain current name, address, locator and credit report
assistance in the collection of unpaid financial obligations owed to
the United States. This purpose is consistent with the Federal Claims
Collection Act of 1966 (Pub. L. 89-508, 31 U.S.C. 951-953 and 4 CFR
parts 101-105), and the disclosure is authorized by 38 U.S.C.
3301(b)(6).
27. Disclose Contact for Debt Collection
To fee attorneys, fee appraisers, management brokers, process
servers, subordinate lien holders, title companies, abstractors and VA
attorneys for the purposes of loan approval or loan termination of
direct or vendee loans by judicial or nonjudicial means; to obtain
possession of VA property in cases of default or foreclosure to issue
and post Demands for Possession or Notices to Quit; to file judgments
(liens) in accordance with State and local law and to carry out all
other necessary VA program responsibilities. VA fee attorneys may
disclose record information contained therein to title insurance
companies and title agents, for Trustee's sale advertisements, and to
subordinate lien holders.
28. Obligor's Personal Information
To appropriate State and local authorities in order to conform to
State and local law requirements and to assist VA and State and local
authorities in identifying VA judgment debtors on State and local
judgment records, provided that disclosure is limited to an obligor's
social security number and other information regarding the filing of
judgments (liens).
29. Veteran's Competency
To a lender or prospective lender extending credit or proposing to
extend credit on behalf of a Veteran in order for VA to protect
Veterans that are unable to manage their finances from entering into
unsound financial transactions which might deplete the resources of the
Veteran and to protect the interests of the Government giving credit
assistance to a Veteran, provided that information disclosed is
relating to the adjudication of incompetency of a Veteran either by a
court of competent jurisdiction or by VA.
30. Fraudulently Obtained Benefits
To any third party, except consumer reporting agencies, in
connection with any proceeding for the collection of any amount owed to
the United States, provided that information disclosed is concerning
the Veteran's indebtedness to the United States by virtue of a person's
participation in a benefits program administered by VA, including
personal information obtained from other Federal agencies through
computer matching programs. Purposes of these disclosures may be (a) to
assist VA in collection of title 38 benefit overpayments, overdue
indebtedness, and/or costs of services provided individuals not
entitled to such services, and (b) to initiate legal actions for
prosecuting individuals who willfully or fraudulently obtained title 38
benefits without entitlement.
31. Consumer Reporting Agencies
To a consumer reporting agency for purposes of reporting
delinquencies, defaults and indebtedness and assisting in the
collection of such indebtedness, provided that information disclosed is
the name and address of an obligor, as well as other information that
is reasonably necessary to identify the person, including personal
information obtained from other Federal agencies through computer or
other matching programs, and any information concerning such person's
delinquency or default on a loan made or guaranteed by VA.
32. VA Inquiry to Other Federal Agencies
To a federal agency in order for VA to obtain information relevant
to the making, insuring, or guaranteeing of a loan under 38 U.S.C.
Chapter 37, except for the name and address of a Veteran. The name and
address of a Veteran may be disclosed to a federal agency under this
routine use if they are required by the Federal agency to respond to
the VA inquiry.
33. Federal Debt Notice to IRS
To the Department of Treasury, Internal Revenue Service, for the
collection of 38 U.S.C. benefit overpayments, overdue indebtedness,
and/or costs of services provided to an individual not entitled to such
services, by the withholding of all or a portion of the person's
Federal income tax refund. Examples of information of information that
can be disclosed are the name of a Veteran, other beneficiary, or other
information as is reasonably necessary to identify such individual, and
any other information concerning the individual's indebtedness by
virtue of a person's participation in a benefits program administered
by VA.
34. Abandonment or Foreclosure of Property
To the Department of the Treasury, Internal Revenue Service, where
required by law, including the borrower's name, address, social
security or taxpayer identification number, amount of interest paid,
and information relating to any abandonment or foreclosure of a
property.
35. VA Acquired Properties
To prospective purchasers and their representatives in order to
assist VA in the timely disposal of its acquired properties. Such
information may include: the name of the purchaser and purchaser's
sales agent; price and terms of the successful offeror's, along with
the reason(s) for selecting such offer over any other competing offer;
loan number; property address; property survey; title limitations/
policy; termite inspections; existing warranties; repairs made by VA
and items still requiring repair; and dues payable to and services
[[Page 63691]]
provided by homeowner or condominium associations.
36. Closing Fees
To the lender or holder of a VA, guaranteed loan, or their
attorneys, in support of a decision by VA to reject a claim under
guaranty, demand reimbursement for a claim previously paid, or in the
course of settlement negotiations. When a demand for reimbursement will
be made against a party other than the lender or holder, such as the
real estate broker, fee appraiser or seller of the property, the
information may be disclosed to the party and its attorneys.
37. VA Data Provided to HUD
To the Department of Housing and Urban Development (HUD) for
inclusion in its Credit Alert Interactive Voice Response System
(CAIVRS), all participating agencies, and lenders who participate in
those agencies' programs to enable them to verify information provided
by new loan applicants and evaluate the creditworthiness of applicants.
Information disclosed under this routine use includes VA guaranteed and
portfolio loans which fall under one of the following categories:
(a) The accounts are not current;
(b) There has been a foreclosure; or
(c) The Department has paid a claim.
These records may also be disclosed as part of an ongoing computer
matching program to accomplish these purposes.
38. Vendors
To any individual, organization, or other entity with whom VA has a
contract or agreement under which that entity will perform services to
assist VA in the administration of the Loan Guaranty Program, provided
that information disclosed is relevant loan guaranty record
information. The information that may be disclosed under this routine
use is limited to that which is necessary to permit the contractor to
perform the services required under the contract or agreement.
39. Prior Loan Information
To an active VA lender, lender's agent, mortgage broker, or other
program participant in response to a request from that individual or
entity if that information is necessary in connection with the
origination of a VA-guaranteed Interest Rate Reduction Refinancing Loan
(IRRRL). In order to obtain information under this routine use, the
party requesting the information must establish the fact that it is a
participant in the VA home loan program through the use of a VA lender
identification number. The requester must also provide the Veteran's
name and social security number and the month and year of the loan
being refinanced or the 12-digit VA loan number.
40. Servicemembers Loan Status
To a service member's commanding officer or designee if VA
determines that sharing this information is necessary in order to reach
a service member who has otherwise not responded to VA to attempt to
assist in curing a default or resolving a foreclosure or eviction of a
VA-guaranteed or direct loan.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
VA-guaranteed, insured, direct and vendee loan records information
are maintained at LGY Regional Loan Centers and VA LGY Central Office.
Loan records may be located in individual folders on paper documents.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by name and VA loan file number. Automated
records are indexed for statistical purposes by a file number, field
station and county code number and lender identification number.
However, an individual loan record in automated format may only be
retrieved by name or loan number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records in this system are retained and disposed of in accordance
with the schedule approved by the Archivist of the United States,
Records Control Schedule VB-1, Part II, 2-23; 2-3; 2-24.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Access to 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. Loan and property security instruments are stored in
separate fire-resistant locked files. VA employee loan file records and
other files which, in the opinion of VA, are, or may become, sensitive
are stored in separate locked files. Access to electronic VA
information is managed through identity and access manager controls.
Information in the system may be accessed from authorized terminals in
the VA network. Terminal locations include VA Central Office and
regional offices. Access to terminals is by authorization controlled by
the site security officer. The security officer is assigned
responsibility for privacy-security measures, especially for review of
violations logs, information logs and control of password and badge
readers and audible alarms. Electronic keyboard locks are activated on
security errors. Also, beginning in 1986, sensitive files were
established using the social security numbers of the VA Veterans
Benefits Administration employees and other prominent individuals to
prevent indiscriminate access to their automated records.
Access to programs is controlled at three levels: Programming,
auditing, and operations. Access to data processing centers is
generally restricted to center employees, custodial personnel, Federal
Protective Service and other security personnel. Access to computer
rooms is restricted to authorized operational personnel through
electronic locking devices.
LGY operates at VA's FedRAMP authorized Amazon Web Services (AWS)
GovCloud data centers. AWS data centers are highly restricted for both
physical and logical access. Physical access controls are inherited
from AWS to all GovCloud customers. VA's AWS environment is logically
restricted to support VA operations only. Further, LGY's AWS
environment is logically restricted to LGY authorized operations
personnel whose duties require management of LGY systems.
LGY follows VA's data security requirements to protect VA, LGY, and
Veteran's data at rest. LGY's servers utilize FIPS 140-2 compliant
encryption methods to protect the confidentiality of data at rest at
the operating system (OS) level and for data storage. VA authorized
baselines are used to build LGY servers and are configured with FIPS
mode enabled by default. Similarly, LGY virtual storage devices such as
AWS Elastic Block Store Volumes (EBS) and S3 are encrypted by default
using Amazon Key Management Service (KMS) for protection of data at
rest. These methods ensure that LGY data is protected in real-time as
it's stored within the LGY security boundary. The S3 environment stores
the LGY electronic data indefinitely till LGY Central Office provides
disposition requirements.
RECORD ACCESS PROCEDURES:
Individuals seeking information on the existence and content of
records in this system pertaining to them should contact the system
manager in writing as indicated above. A request for access to records
must contain the requester's full name, address, telephone number, be
signed by the requester, and describe the records sought in sufficient
detail to enable VA personnel to locate them with a reasonable amount
of effort. However, some of the records in this system are exempt from
the record access requirements under 5 U.S.C.
[[Page 63692]]
552a(k). To the extent that records in this system of records are not
subject to exemption, the records are subject to access procedures.
CONTESTING RECORD PROCEDURES:
Individuals seeking to contest or amend records in this system
pertaining to them should contact the system manager in writing as
indicated above. A request to contest or amend records must state
clearly and concisely what record is being contested, the reasons for
contesting it, and the proposed amendment to the record. However, some
of the records in this system are exempt from the record contesting
requirements under 5 U.S.C. 552a(k). To the extent that records in this
system of records are not subject to exemption, the records are subject
to contesting procedures.
NOTIFICATION PROCEDURES:
Generalized notice is provided by the publication of this notice.
For specific notice, see Record Access Procedure, above.
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)
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:
67 FR 72721 (December 6, 2002); 77 FR 74282 (December 13, 2012);
and 79 FR 3922 (January 23, 2014).
Dated: September 12, 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.
[FR Doc. 2023-20055 Filed 9-14-23; 8:45 am]
BILLING CODE P
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</html>Indexed from Federal Register on September 15, 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.