Departmental Offices; Privacy Act of 1974, as Amended, 38484-38486 [E9-18454]
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38484
Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices
more frequently and readily available
that the Fund should accept?
DEPARTMENT OF THE TREASURY
Authority: 26 U.S.C. 45D; 31 U.S.C. 321;
26 CFR 1.45D–1.
Departmental Offices; Privacy Act of
1974, as Amended
Dated: July 28, 2009.
Donna J. Gambrell,
Director, Community Development Financial
Institutions Fund.
[FR Doc. E9–18525 Filed 7–31–09; 8:45 am]
BILLING CODE 4810–70–P
DEPARTMENT OF THE TREASURY
Senior Executive Service; Social
Inspector General for the Troubled
Asset Relief Program; Performance
Review Board
Treasury Department.
Notice of members of the
SIGTARP Performance Review Board.
AGENCY:
sroberts on DSKD5P82C1PROD with NOTICES
ACTION:
SUMMARY: Pursuant to 5 U.S.C.
4314(c)(4), this notice announces the
appointment of members of the Special
Inspector General for the Troubled Asset
Relief Program Performance Review
Board (PRB). The purpose of this Board
is to review and make recommendations
concerning proposed performance
appraisals, ratings, bonuses and other
appropriate personnel actions for
incumbents of SES positions in
SIGTARP. The Board will perform PRB
functions for other bureau positions if
requested.
Compostion of SIGTARP PRB: The
Board shall consist of at least three
members. In the case of an appraisal of
a career appointee, more than half the
members shall consist of career
appointees. The names and titles of the
Board members are as follows:
Kevin Puvalowski, Deputy Special
Inspector General.
Dr. Eileen Ennis, Deputy Special
Inspector General, Operations.
Barry Holman, Deputy Special Inspector
General, Audit.
Christopher Sharply, Deputy Special
Inspector General, Investigations.
Brian Saddler, Chief Counsel to the
Special Inspector General.
DATES: Effective Date: Membership is
effective on the date of this notice.
FOR FURTHER INFORMATION CONTACT:
Sally Ruble, Human Resources
Specialist, 1500 Pennsylvania Avenue,
NW., Washington, DC 20220,
Telephone: 202 927–9457.
Dated: July 24, 2009.
Deborah Mason,
Director, Human Resources, Operations
Division.
[FR Doc. E9–18200 Filed 7–31–09; 8:45 am]
BILLING CODE M
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16:05 Jul 31, 2009
Jkt 217001
AGENCY:
Departmental Offices, Treasury.
Notice of Proposed New Privacy
Act System of Records for the Home
Affordable Modification Program.
ACTION:
SUMMARY: Pursuant to the provisions of
the Privacy Act of 1974 (5 U.S.C. 552a),
the U.S. Department of the Treasury
(‘‘Treasury’’ or the ‘‘Department’’) is
giving notice that it proposes to
establish a new system of records
necessary to administer the Home
Affordable Modification Program and
related homeownership preservation
programs (‘‘HAMP’’).
DATES: We have requested that OMB
waive eight days of its review period for
this system of records. If OMB grants the
waiver, the system of records is effective
upon publication in the Federal
Register; if OMB does not grant the
waiver, we will implement the system
on September 14, 2009. In any event, we
will not disclose any information under
a routine use until 32 days after
publication. We may defer
implementation of this system of
records or one or more of the routine
use statements listed below if we
receive comments that persuade us to
defer implementation. Comments must
be received no later than September 4,
2009.
Comments should be sent to
the Deputy Assistant Secretary Fiscal
Operations and Policy, Department of
the Treasury, 1500 Pennsylvania
Avenue, NW., Washington, DC 20220.
The Department will make such
comments available for public
inspection and copying in the
Department’s Library, Room 1428, Main
Treasury Building, 1500 Pennsylvania
Avenue, NW., Washington, DC 20220,
on official business days between the
hours of 10 a.m. and 5 p.m. Eastern
Time. You can make an appointment to
inspect comments by telephoning (202)
622–0990. All comments, including
attachments and other supporting
materials received are part of the public
record and subject to public disclosure.
You should submit only information
that you wish to make available
publicly.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Theodore R. Kowalsky, Manager, Data &
Information Technology, Office of Fiscal
& Financial Agents, Department of the
Treasury, 1500 Pennsylvania Avenue,
NW., Washington, DC 20220, 202–927–
9445 or at Ted.Kowalsky@do.treas.gov.
PO 00000
Frm 00094
Fmt 4703
Sfmt 4703
The
Department established HAMP,
pursuant to the Emergency Economic
Stabilization Act of 2008 (Pub. L. 110–
343), to enable eligible homeowners
who have a record of making timely
mortgage payments, but are
experiencing hardships in doing so, to
modify the principal amounts and
interest rates of their mortgage loans.
HAMP facilitates such mortgage loan
modifications by providing subsidies to
mortgage loan servicers who agree to
them. The Department administers
HAMP with the assistance of designated
Financial Agents.
The Department establishes this new
system of records to provide Treasury
and its Financial Agents with access to
information about mortgage borrowers
and their respective home mortgage
loans that is necessary to determine
whether, and to what extent, borrowers
qualify for loan modification assistance.
The report of this new system of
records, as required by 5 U.S.C. 552a(r)
of the Privacy Act, has been submitted
to the Committee on Oversight and
Government Reform of the House of
Representatives, the Committee on
Homeland Security and Governmental
Affairs of the Senate, and the Office of
Management and Budget, pursuant to
Appendix I to OMB Circular A–130,
‘‘Federal Agency Responsibilities for
Maintaining Records About
Individuals,’’ dated November 30, 2000.
The proposed new system of records,
entitled ‘‘Home Affordable Modification
Program—Treasury/DO .218,’’ is
published in its entirety below.
SUPPLEMENTARY INFORMATION:
Dated: July 28, 2009.
Melissa Hartman,
Acting Deputy Assistant Secretary, Privacy
and Treasury Records.
TREASURY/DO .218
SYSTEM NAME:
Home Affordable Modification
Program Records—Treasury/DO.
SYSTEM LOCATION:
The Office of Financial Stability,
Department of the Treasury,
Washington, DC. Other facilities that
maintain this system of records are
located in Urbana, MD and at a backup
facility located in Reston, VA. Both
facilities belong to the Federal National
Mortgage Association (‘‘Fannie Mae’’),
which has been designated as a
Financial Agent for HAMP.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
This system of records contains
information about mortgage borrowers
that is submitted to the Department or
E:\FR\FM\03AUN1.SGM
03AUN1
Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices
its Financial Agents by loan servicers
that participate in HAMP. Information
collected pursuant to HAMP is subject
to the Privacy Act only to the extent that
it concerns individuals; information
pertaining to corporations and other
business entities and organizations is
not subject to the Privacy Act.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system of records contains loanlevel information about individual
mortgage borrowers (including loan
records and financial records).
Typically, these records include, but are
not limited to, the individual’s name,
Social Security Number, mailing
address, and monthly income, as well as
the location of the property subject to
the loan, property value information,
payment history, and type of mortgage.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Emergency Economic Stabilization
Act of 2008 (Pub. L. 110–343) (the
‘‘EESA’’).
PURPOSE(S):
The purpose of this system of records
is to facilitate administration of HAMP
by the Department and its Financial
Agents, including by enabling them to
(i) collect and utilize information
collected from mortgage loan servicers,
including loan-level information about
individual mortgage holders; and (ii)
produce reports on the performance of
HAMP, such as reports that concern
loan modification eligibility and
‘‘exception reports’’ that identify certain
issues that loan servicers may
experience with servicing loans.
sroberts on DSKD5P82C1PROD with NOTICES
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
These records may be used to:
(1) Disclose pertinent information to
appropriate Federal, State, local or
foreign agencies responsible for
investigating or prosecuting violations
of, or for enforcing or implementing, a
statute, rule, regulation, order, or
license, where the disclosing agency
becomes aware of an indication of a
potential violation of civil or criminal
law or regulation;
(2) Disclose information to a Federal,
State, or local agency, maintaining civil,
criminal or other relevant enforcement
information or other pertinent
information, which has requested
information relevant to or necessary to
the requesting agency’s or the bureau’s
hiring or retention of an individual, or
issuance of a security clearance, license,
contract, grant, or other benefit;
(3) Disclose information to a court,
magistrate, or administrative tribunal in
the course of presenting evidence,
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16:05 Jul 31, 2009
Jkt 217001
including disclosures to opposing
counsel or witnesses in the course of
civil discovery, litigation, or settlement
negotiations, in response to a subpoena
where arguably relevant to a proceeding,
or in connection with criminal law
proceedings;
(4) Provide information to a
Congressional office in response to an
inquiry made at the request of the
individual to whom the record pertains;
(5) Provide information to third
parties during the course of a
Department investigation to the extent
necessary to obtain information
pertinent to that investigation;
(6) Disclose information to a
consumer reporting agency to use in
obtaining credit reports;
(7) Disclose information to a debt
collection agency for use in debt
collection services;
(8) Disclose information to a Financial
Agent of the Department, its employees,
agents, and contractors, or to a
contractor of the Department, for the
purpose of ensuring the efficient
administration of HAMP and
compliance with relevant guidelines,
agreements, directives and
requirements, and subject to the same or
equivalent limitations applicable to
Department’s officers and employees
under the Privacy Act;
(9) Disclose information originating or
derived from participating loan
servicers back to the same loan servicers
as needed, for the purposes of audit,
quality control, and reconciliation and
response to borrower requests about that
same borrower;
(10) Disclose information to Financial
Agents, financial institutions, financial
custodians, and contractors to (a)
Process mortgage loan modification
applications, including, but not limited
to, enrollment forms; (b) implement
programs relating to HAMP; (c)
investigate and correct erroneous
information submitted to the
Department or its Financial Agents; (d)
compile and review statistics to improve
the quality of services provided under
HAMP; or (e) develop, test and enhance
computer systems used to administer
HAMP;
(11) Disclose information to financial
institutions, including banks and credit
unions, for the purpose of disbursing
payments and/or investigating the
accuracy of information required to
complete transactions pertaining to
HAMP and for administrative purposes,
such as resolving questions about a
transaction;
(12) Disclose information to the
appropriate Federal financial regulator
or State financial regulator, or to the
appropriate Consumer Protection
PO 00000
Frm 00095
Fmt 4703
Sfmt 4703
38485
agency, if that agency has jurisdiction
over the subject matter of a complaint or
inquiry, or the entity that is the subject
of the complaint or inquiry;
(13) Disclose information and
statistics to the Department of Housing
& Urban Development and the Federal
Housing Finance Agency to improve the
quality of services provided under
HAMP and to report on the program’s
overall execution and progress, if such
agencies have jurisdiction over the
subject matter of a complaint or inquiry,
or the entity that is the subject of the
complaint or inquiry;
(14) Disclose information to
appropriate agencies, entities, and
persons when (a) The Department
suspects or has confirmed that the
security or confidentiality of
information in the system of records has
been compromised; (b) the Department
has determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by the
Department or another agency or entity)
that rely upon the compromised
information; and (c) the disclosure made
to such agencies, entities, and persons is
reasonably necessary to assist in
connection with the Department’s
efforts to respond to the suspected or
confirmed compromise and prevent,
minimize, or remedy such harm.
(15) Disclose information to the U.S.
Department of Justice (‘‘DOJ’’) for its use
in providing legal advice to the
Department or in representing the
Department in a proceeding before a
court, adjudicative body, or other
administrative body before which the
Department is authorized to appear,
where the use of such information by
the DOJ is deemed by the Department to
be relevant and necessary to the
litigation, and such proceeding names
as a party or interests:
(a) The Department or any component
thereof, including the Office of
Financial Stability (‘‘OFS’’);
(b) Any employee of the Department
in his or her official capacity;
(c) Any employee of the Department
in his or her individual capacity where
DOJ has agreed to represent the
employee; or
(d) The United States, where the
Department determines that litigation is
likely to affect the Department or any of
its components, including OFS.
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03AUN1
38486
Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Information contained in the system
of records is stored in a transactional
database and an operational data store.
Information from the system will also be
captured in hard-copy form and stored
in filing cabinets managed by personnel
working on HAMP.
RETRIEVABILITY:
Information about individuals may be
retrieved from the system by reference
including the mortgage borrower’s
name, Social Security Number, address,
or loan number.
SAFEGUARDS:
sroberts on DSKD5P82C1PROD with NOTICES
Safeguards designed to protect
information contained in the system
against unauthorized disclosure and
access include, but are not limited to: (i)
Department and Financial Agent
policies and procedures governing
privacy, information security,
operational risk management, and
change management; (ii) requiring
Financial Agent employees to adhere to
a code of conduct concerning the
aforementioned policies and
procedures; (iii) conducting background
on all personnel with access to the
system of records; (iv) training relevant
personnel on privacy and information
security; (v) tracking and reporting
incidents of suspected or confirmed
breaches of information concerning
borrowers; (vi) establishing physical and
technical perimeter security safeguards;
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16:05 Jul 31, 2009
Jkt 217001
(vii) utilizing antivirus and intrusion
detection software; (viii) performing risk
and controls assessments and
mitigation, including production
readiness reviews; (ix) establishing
security event response teams; and (x)
establishing technical and physical
access controls, such as role-based
access management and firewalls.
Loan servicers that participate in
HAMP (i) have agreed in writing that
the information they provide to
Treasury or to its Financial Agents is
accurate, and (ii) have submitted a
‘‘click through’’ agreement on a Web site
requiring the loan servicer to provide
accurate information in connection with
using the Program Web site. In addition,
the Treasury’s Financial Agents will
conduct loan servicer compliance
reviews to validate data collection
controls, procedures, and records.
Information is retained in the system
on back-up tapes or in hard-copy form
for seven years, except to the extent that
either (i) the information is subject to a
litigation hold or other legal retention
obligation, in which case the data is
retained as mandated by the relevant
legal requirements, (ii) or the Treasury
and its financial agents need the
information to carry out the Program.
Destruction is carried out by degaussing
according to industry standards. Hard
copy records are shredded and recycled.
SYSTEM MANAGER(S) AND ADDRESS(ES):
Deputy Assistant Secretary, Fiscal
Operations and Policy, Department of
Frm 00096
Fmt 4703
Sfmt 4703
NOTIFICATION PROCEDURE:
Individuals wishing to be notified if
they are named in this system of
records, to gain access to records
maintained in this system, or to amend
or correct information maintained in
this system, must submit a written
request to do so in accordance with the
procedures set forth in 31 CFR §§ 1.26–
.27. Address such requests to: Director,
Disclosure Services Director, Disclosure
Services, Department of the Treasury,
1500 Pennsylvania Ave., NW.,
Washington, DC 20220.
RECORD ACCESS PROCEDURES:
See ‘‘Notification Procedure’’ above.
CONTESTING RECORD PROCEDURE:
See ‘‘Notification Procedure’’ above.
RETENTION AND DISPOSAL:
PO 00000
the Treasury, 1500 Pennsylvania
Avenue, NW., Washington, DC 20220.
RECORD SOURCE CATEGORIES:
Information about mortgage borrowers
contained in the system of records is
obtained from loan servicers who
participate in HAMP or developed by
the Treasury and its Financial Agents in
connection with HAMP. Information is
not obtained directly from individual
mortgage borrowers to whom the
information pertains.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. E9–18454 Filed 7–31–09; 8:45 am]
BILLING CODE 4810–25–P
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03AUN1
Agencies
[Federal Register Volume 74, Number 147 (Monday, August 3, 2009)]
[Notices]
[Pages 38484-38486]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18454]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Departmental Offices; Privacy Act of 1974, as Amended
AGENCY: Departmental Offices, Treasury.
ACTION: Notice of Proposed New Privacy Act System of Records for the
Home Affordable Modification Program.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the provisions of the Privacy Act of 1974 (5
U.S.C. 552a), the U.S. Department of the Treasury (``Treasury'' or the
``Department'') is giving notice that it proposes to establish a new
system of records necessary to administer the Home Affordable
Modification Program and related homeownership preservation programs
(``HAMP'').
DATES: We have requested that OMB waive eight days of its review period
for this system of records. If OMB grants the waiver, the system of
records is effective upon publication in the Federal Register; if OMB
does not grant the waiver, we will implement the system on September
14, 2009. In any event, we will not disclose any information under a
routine use until 32 days after publication. We may defer
implementation of this system of records or one or more of the routine
use statements listed below if we receive comments that persuade us to
defer implementation. Comments must be received no later than September
4, 2009.
ADDRESSES: Comments should be sent to the Deputy Assistant Secretary
Fiscal Operations and Policy, Department of the Treasury, 1500
Pennsylvania Avenue, NW., Washington, DC 20220. The Department will
make such comments available for public inspection and copying in the
Department's Library, Room 1428, Main Treasury Building, 1500
Pennsylvania Avenue, NW., Washington, DC 20220, on official business
days between the hours of 10 a.m. and 5 p.m. Eastern Time. You can make
an appointment to inspect comments by telephoning (202) 622-0990. All
comments, including attachments and other supporting materials received
are part of the public record and subject to public disclosure. You
should submit only information that you wish to make available
publicly.
FOR FURTHER INFORMATION CONTACT: Theodore R. Kowalsky, Manager, Data &
Information Technology, Office of Fiscal & Financial Agents, Department
of the Treasury, 1500 Pennsylvania Avenue, NW., Washington, DC 20220,
202-927-9445 or at Ted.Kowalsky@do.treas.gov.
SUPPLEMENTARY INFORMATION: The Department established HAMP, pursuant to
the Emergency Economic Stabilization Act of 2008 (Pub. L. 110-343), to
enable eligible homeowners who have a record of making timely mortgage
payments, but are experiencing hardships in doing so, to modify the
principal amounts and interest rates of their mortgage loans. HAMP
facilitates such mortgage loan modifications by providing subsidies to
mortgage loan servicers who agree to them. The Department administers
HAMP with the assistance of designated Financial Agents.
The Department establishes this new system of records to provide
Treasury and its Financial Agents with access to information about
mortgage borrowers and their respective home mortgage loans that is
necessary to determine whether, and to what extent, borrowers qualify
for loan modification assistance.
The report of this new system of records, as required by 5 U.S.C.
552a(r) of the Privacy Act, has been submitted to the Committee on
Oversight and Government Reform of the House of Representatives, the
Committee on Homeland Security and Governmental Affairs of the Senate,
and the Office of Management and Budget, pursuant to Appendix I to OMB
Circular A-130, ``Federal Agency Responsibilities for Maintaining
Records About Individuals,'' dated November 30, 2000.
The proposed new system of records, entitled ``Home Affordable
Modification Program--Treasury/DO .218,'' is published in its entirety
below.
Dated: July 28, 2009.
Melissa Hartman,
Acting Deputy Assistant Secretary, Privacy and Treasury Records.
TREASURY/DO .218
SYSTEM NAME:
Home Affordable Modification Program Records--Treasury/DO.
SYSTEM LOCATION:
The Office of Financial Stability, Department of the Treasury,
Washington, DC. Other facilities that maintain this system of records
are located in Urbana, MD and at a backup facility located in Reston,
VA. Both facilities belong to the Federal National Mortgage Association
(``Fannie Mae''), which has been designated as a Financial Agent for
HAMP.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system of records contains information about mortgage
borrowers that is submitted to the Department or
[[Page 38485]]
its Financial Agents by loan servicers that participate in HAMP.
Information collected pursuant to HAMP is subject to the Privacy Act
only to the extent that it concerns individuals; information pertaining
to corporations and other business entities and organizations is not
subject to the Privacy Act.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system of records contains loan-level information about
individual mortgage borrowers (including loan records and financial
records). Typically, these records include, but are not limited to, the
individual's name, Social Security Number, mailing address, and monthly
income, as well as the location of the property subject to the loan,
property value information, payment history, and type of mortgage.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Emergency Economic Stabilization Act of 2008 (Pub. L. 110-343) (the
``EESA'').
PURPOSE(S):
The purpose of this system of records is to facilitate
administration of HAMP by the Department and its Financial Agents,
including by enabling them to (i) collect and utilize information
collected from mortgage loan servicers, including loan-level
information about individual mortgage holders; and (ii) produce reports
on the performance of HAMP, such as reports that concern loan
modification eligibility and ``exception reports'' that identify
certain issues that loan servicers may experience with servicing loans.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
These records may be used to:
(1) Disclose pertinent information to appropriate Federal, State,
local or foreign agencies responsible for investigating or prosecuting
violations of, or for enforcing or implementing, a statute, rule,
regulation, order, or license, where the disclosing agency becomes
aware of an indication of a potential violation of civil or criminal
law or regulation;
(2) Disclose information to a Federal, State, or local agency,
maintaining civil, criminal or other relevant enforcement information
or other pertinent information, which has requested information
relevant to or necessary to the requesting agency's or the bureau's
hiring or retention of an individual, or issuance of a security
clearance, license, contract, grant, or other benefit;
(3) Disclose information to a court, magistrate, or administrative
tribunal in the course of presenting evidence, including disclosures to
opposing counsel or witnesses in the course of civil discovery,
litigation, or settlement negotiations, in response to a subpoena where
arguably relevant to a proceeding, or in connection with criminal law
proceedings;
(4) Provide information to a Congressional office in response to an
inquiry made at the request of the individual to whom the record
pertains;
(5) Provide information to third parties during the course of a
Department investigation to the extent necessary to obtain information
pertinent to that investigation;
(6) Disclose information to a consumer reporting agency to use in
obtaining credit reports;
(7) Disclose information to a debt collection agency for use in
debt collection services;
(8) Disclose information to a Financial Agent of the Department,
its employees, agents, and contractors, or to a contractor of the
Department, for the purpose of ensuring the efficient administration of
HAMP and compliance with relevant guidelines, agreements, directives
and requirements, and subject to the same or equivalent limitations
applicable to Department's officers and employees under the Privacy
Act;
(9) Disclose information originating or derived from participating
loan servicers back to the same loan servicers as needed, for the
purposes of audit, quality control, and reconciliation and response to
borrower requests about that same borrower;
(10) Disclose information to Financial Agents, financial
institutions, financial custodians, and contractors to (a) Process
mortgage loan modification applications, including, but not limited to,
enrollment forms; (b) implement programs relating to HAMP; (c)
investigate and correct erroneous information submitted to the
Department or its Financial Agents; (d) compile and review statistics
to improve the quality of services provided under HAMP; or (e) develop,
test and enhance computer systems used to administer HAMP;
(11) Disclose information to financial institutions, including
banks and credit unions, for the purpose of disbursing payments and/or
investigating the accuracy of information required to complete
transactions pertaining to HAMP and for administrative purposes, such
as resolving questions about a transaction;
(12) Disclose information to the appropriate Federal financial
regulator or State financial regulator, or to the appropriate Consumer
Protection agency, if that agency has jurisdiction over the subject
matter of a complaint or inquiry, or the entity that is the subject of
the complaint or inquiry;
(13) Disclose information and statistics to the Department of
Housing & Urban Development and the Federal Housing Finance Agency to
improve the quality of services provided under HAMP and to report on
the program's overall execution and progress, if such agencies have
jurisdiction over the subject matter of a complaint or inquiry, or the
entity that is the subject of the complaint or inquiry;
(14) Disclose information to appropriate agencies, entities, and
persons when (a) The Department suspects or has confirmed that the
security or confidentiality of information in the system of records has
been compromised; (b) the Department has determined that as a result of
the suspected or confirmed compromise there is a risk of harm to
economic or property interests, identity theft or fraud, or harm to the
security or integrity of this system or other systems or programs
(whether maintained by the Department or another agency or entity) that
rely upon the compromised information; and (c) the disclosure made to
such agencies, entities, and persons is reasonably necessary to assist
in connection with the Department's efforts to respond to the suspected
or confirmed compromise and prevent, minimize, or remedy such harm.
(15) Disclose information to the U.S. Department of Justice
(``DOJ'') for its use in providing legal advice to the Department or in
representing the Department in a proceeding before a court,
adjudicative body, or other administrative body before which the
Department is authorized to appear, where the use of such information
by the DOJ is deemed by the Department to be relevant and necessary to
the litigation, and such proceeding names as a party or interests:
(a) The Department or any component thereof, including the Office
of Financial Stability (``OFS'');
(b) Any employee of the Department in his or her official capacity;
(c) Any employee of the Department in his or her individual
capacity where DOJ has agreed to represent the employee; or
(d) The United States, where the Department determines that
litigation is likely to affect the Department or any of its components,
including OFS.
[[Page 38486]]
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Information contained in the system of records is stored in a
transactional database and an operational data store. Information from
the system will also be captured in hard-copy form and stored in filing
cabinets managed by personnel working on HAMP.
RETRIEVABILITY:
Information about individuals may be retrieved from the system by
reference including the mortgage borrower's name, Social Security
Number, address, or loan number.
SAFEGUARDS:
Safeguards designed to protect information contained in the system
against unauthorized disclosure and access include, but are not limited
to: (i) Department and Financial Agent policies and procedures
governing privacy, information security, operational risk management,
and change management; (ii) requiring Financial Agent employees to
adhere to a code of conduct concerning the aforementioned policies and
procedures; (iii) conducting background on all personnel with access to
the system of records; (iv) training relevant personnel on privacy and
information security; (v) tracking and reporting incidents of suspected
or confirmed breaches of information concerning borrowers; (vi)
establishing physical and technical perimeter security safeguards;
(vii) utilizing antivirus and intrusion detection software; (viii)
performing risk and controls assessments and mitigation, including
production readiness reviews; (ix) establishing security event response
teams; and (x) establishing technical and physical access controls,
such as role-based access management and firewalls.
Loan servicers that participate in HAMP (i) have agreed in writing
that the information they provide to Treasury or to its Financial
Agents is accurate, and (ii) have submitted a ``click through''
agreement on a Web site requiring the loan servicer to provide accurate
information in connection with using the Program Web site. In addition,
the Treasury's Financial Agents will conduct loan servicer compliance
reviews to validate data collection controls, procedures, and records.
RETENTION AND DISPOSAL:
Information is retained in the system on back-up tapes or in hard-
copy form for seven years, except to the extent that either (i) the
information is subject to a litigation hold or other legal retention
obligation, in which case the data is retained as mandated by the
relevant legal requirements, (ii) or the Treasury and its financial
agents need the information to carry out the Program. Destruction is
carried out by degaussing according to industry standards. Hard copy
records are shredded and recycled.
SYSTEM MANAGER(S) AND ADDRESS(ES):
Deputy Assistant Secretary, Fiscal Operations and Policy,
Department of the Treasury, 1500 Pennsylvania Avenue, NW., Washington,
DC 20220.
NOTIFICATION PROCEDURE:
Individuals wishing to be notified if they are named in this system
of records, to gain access to records maintained in this system, or to
amend or correct information maintained in this system, must submit a
written request to do so in accordance with the procedures set forth in
31 CFR Sec. Sec. 1.26-.27. Address such requests to: Director,
Disclosure Services Director, Disclosure Services, Department of the
Treasury, 1500 Pennsylvania Ave., NW., Washington, DC 20220.
RECORD ACCESS PROCEDURES:
See ``Notification Procedure'' above.
CONTESTING RECORD PROCEDURE:
See ``Notification Procedure'' above.
RECORD SOURCE CATEGORIES:
Information about mortgage borrowers contained in the system of
records is obtained from loan servicers who participate in HAMP or
developed by the Treasury and its Financial Agents in connection with
HAMP. Information is not obtained directly from individual mortgage
borrowers to whom the information pertains.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. E9-18454 Filed 7-31-09; 8:45 am]
BILLING CODE 4810-25-P