Privacy Act of 1974; System of Records, 44462-44466 [2023-14709]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 88, Number 132 (Wednesday, July 12, 2023)]
[Notices]
[Pages 44462-44466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 www.Regulations.gov 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 
regulations.gov for public viewing, inspection or copies.

FOR FURTHER INFORMATION CONTACT: Colin Deaso Assistant Director PMDI, 
[email protected], 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), 
[email protected], 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 VA.gov. 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 https://www.benefits.va.gov/homeloans/contact_rlc_info.asp 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