Privacy Act 78 FR 71727

Federal Register / Vol. 78, No. 230 / Friday, November 29, 2013 / Notices
DEPARTMENT OF VETERANS
AFFAIRS
Privacy Act of 1974; System of
Records
Department of Veterans Affairs.
Notice of amendment to an
existing system of records.

AGENCY:
ACTION:

As required by the Privacy
Act of 1974, 5 U.S.C. 552a(e)(4), notice
is hereby given that the Department of
Veterans Affairs (VA) proposes to
modify its existing system of records
‘‘Loan Guaranty Fee Personnel and
Program Participant Records-VA
(17VA26).’’

SUMMARY:

Comments on the proposed
modifications to the routine uses must
be received no later than 30 days after
date of publication in the Federal
Register, on or before December 30,
2013. If no public comment is received
during the period allowed for
comments, the routine use will become
effective December 30, 2013.
ADDRESSES: Written comments may be
submitted through
www.Regulations.gov; by mail or handdelivery to the Director, Regulations
Management (02REG), Department of
Veterans Affairs, 810 Vermont Ave.
NW., Room 1068, Washington, DC
20420; or by fax to (202) 273–9026.
Copies of comments received will be
available for public inspection in the
Office of Regulation Policy and
Management, Room 1063B, between the
hours of 8:00 a.m. and 4:30 p.m.,
Monday through Friday (except
holidays). Please call (202) 461–4902 for
an appointment. (This is not a toll-free
number.) In addition, during the
comment period, comments may be
viewed online through the Federal
Docket Management System (FDMS) at
www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Erica Lewis, Loan Specialist, Loan
Guaranty Service, Department of
Veterans Affairs, 810 Vermont Ave.
NW., Washington, DC 20420, (202) 632–
8823.
SUPPLEMENTARY INFORMATION: The
Department is proposing to amend its
system of records titled ‘‘Loan Guaranty
Fee Personnel and Program Participant
Records-VA (17VA26),’’ by adding a
new policy and practice for storing of
records in the system to permit VA to
keep records on fee personnel and
program participants on paper
documents maintained in file folders
and as electronically scanned
documents.
VA has determined that it may
destroy original paper documents/

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DATES:

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records after the information has been
converted to an electronic medium and
is verified as a necessary and proper
means of storage, and that the specific
storage proposed for electronically
scanned documents is appropriate.
A copy of the revised system notice
has been sent to the House of
Representatives Committee on
Government Reform and Oversight, the
Senate Committee on Homeland
Security and Governmental Affairs, and
the Office of Management and Budget
(OMB) as required by 5 U.S.C. 552a(r)
and guidelines issued by OMB (59 FR
37906, 3791618, July 25, 1994.)
The proposed storage will be added to
the system of records titled ‘‘Loan
Guaranty Fee Personnel and Program
Participant Records-VA (17VA26)’’ as
published at 40 FR 38095, August 26,
1975, and amended at 52 FR 721,
January 8, 1987, and 69 FR 44569, July
26, 2004.
Approved: November 8, 2013.
Jose D. Riojas,
Chief of Staff, Department of Veterans Affairs.
17VA26
SYSTEM NAME:

Loan Guaranty Fee Personnel and
Program Participant Records-VA
SYSTEM LOCATION:

Records on nonsuspended fee
personnel and program participants are
maintained at Department of Veterans
Affairs (VA) regional offices, medical
and regional office centers, VA offices,
and VA centers having loan guaranty
activities. Records of nonsupervised
lenders and subsidiaries of supervised
lenders having authority to process VA
loans automatically are maintained in
VA Central Office. National Control List
of suspended program participants and
fee personnel are maintained 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. Address locations
are listed in Appendix 1 at the end of
this document.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

The following categories of
individuals will be covered by this
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

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71727

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:

Records (or information contained in
records) may include: (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,
business phone numbers, Social
Security numbers or taxpayer
identification numbers, and professional
qualifications; (2) applications by nonsupervised lenders for approval to close
guaranteed loans without the prior
approval of VA (automatically); (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, 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) 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

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Federal Register / Vol. 78, No. 230 / Friday, November 29, 2013 / Notices

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.
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.

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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:

1. The record of an individual who is
covered by this system may be disclosed
to a member of Congress or staff person
acting for the member when the member
or staff person requests the record on
behalf of and at the request of that
individual.
2. Any information in this system may
be disclosed to a Federal, State, or local
agency, upon its official request, to the
extent the agency has demonstrated that
it is 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 or
continuance of a license, grant, or other
benefit by that agency.
3. Any information in this system may
be disclosed to a Federal, State, or local
agency maintaining civil or criminal
violation records, or other pertinent
information such as prior employment
history, prior Federal employment
background investigations, and personal
or educational background in order for
VA to obtain information from that
agency relevant to the hiring, transfer, or
retention of an employee, the letting of
a contract, the granting of a security
clearance, or the issuance of a grant or
other benefit.
4. Any information in this system
which is relevant to a suspected
violation or reasonably imminent
violation of law, whether civil, criminal,
or regulatory in nature and whether
arising by general or program statute or
by regulation, rule, or order issued
pursuant thereto, may be disclosed to a
Federal, State, local, or foreign agency
charged with the responsibility of
investigating or prosecuting such
violation, or charged with enforcing or
implementing the statute, rule,
regulation, or order issued pursuant
thereto.
5. 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
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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.
6. 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.
7. 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.
8. Identifying information and
information concerning amounts paid to
contractors, fee personnel, and other
contractors, fee personnel and other
program participants may be released to
the Department of the Treasury, Internal
Revenue Service, where required by
law.
9. Any information in this system may
be disclosed to a Federal Grand jury, a
Federal court or a party in litigation, or
a Federal agency or party to an
administrative proceeding being
conducted by a Federal agency, in order
for VA to respond to and comply with
the issuance of a Federal subpoena.
10. Any information in this system
may be disclosed to a State or municipal
grand jury, a State or municipal court or
a party in litigation, or to a State or
municipal administrative agency
functioning in a quasi-judicial capacity
or a party to a proceeding being
conducted by such agency, in order for
VA to respond to and comply with the
issuance of a State or municipal
subpoena; provided, that any disclosure
of claimant information made under this

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routine use must comply with the
provisions of 38 CFR 1.511.
11. 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 they may decide
whether or not to employ, or continue
to employ, or contract with a suspended
individual or firm.
12. 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.
13. 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 STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:

Records on fee personnel and program
participants are kept on paper
documents and maintained in file
folders and as electronically scanned
documents. The National Control List of
suspended program participants is also
maintained on magnetic disk at Central
Office.
RETRIEVABILITY:

All records are indexed or crossindexed by the name of the individual
or the firm.
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. Sensitive files
involving pending suspension or a legal
action are stored in separate locked
files.
RETENTION AND DISPOSAL:

File cards and paper documents on
suspended fee personnel and program
participants are maintained until there
has been a notification that the
suspension has been terminated and the
party reinstated into the Loan Guaranty

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Federal Register / Vol. 78, No. 230 / Friday, November 29, 2013 / Notices
Program, at which time these records
are destroyed by VA regional offices or
centers. The Master Control List records
are retained indefinitely. Records on fee
personnel and program participants are
retained for various periods extending
up to 2 years after all loans have been
liquidated. Destruction of all the above
records is accomplished by either
shredding or burning.
SYSTEM MANAGER(S) AND ADDRESS:

Director, Loan Guaranty Service (26),
VA Central Office, Washington, DC
20420.
NOTIFICATION PROCEDURE:

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
or apply in person to the nearest VA
Regional Loan Center. Address locations
are listed in VA Appendix 1 at the end
of this document. All inquiries must
reasonably identify the relationship of
the individual with the Loan Guaranty
Program. Inquiries should include the
individual’s name, address, firm
represented, if any, and capacity in
which the individual participates or
participated in the Loan Guaranty
Program. However, 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.

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RECORD ACCESS PROCEDURES:

An individual seeks access to or
wishes to contest records maintained
under his or her name on this system
may write, call, or visit the nearest VA
Regional Loan Center. 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 and contesting
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 and contest. A
determination as to whether an
exemption applies shall be made at the
time a request for access or contest is
received.
CONTESTING RECORD PROCEDURES:

(See ‘‘Record access procedures’’
above.)

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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 VAguaranteed, insured, vendee or direct
loans or specially adapted housing.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS
OF THE ACT:

The Secretary 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) and (5).
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. This
information is also being exempted to
maintain the confidentiality and
integrity of material compiled solely for
the purpose of determining the
suitability, eligibility, or the
qualifications of prospective VA
program participants.
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
http://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

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71729

Mail: P.O. Box 100023, Decatur, GA 30031–
7023
Phone: 1–888–768–2132
Cleveland Regional Loan Center
Jurisdiction for Connecticut, Delaware,
Indiana, Maine, Massachusetts, Michigan,
New Hampshire, New Jersey, New York,
Ohio, Pennsylvania, Rhode Island, Vermont:
Office and Mail: 1240 East, Ninth Street,
Cleveland, OH 44199
Phone: 1–800–729–5772
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
Phone: 1–888–349–7541
Honolulu Regional Office (Loan Guaranty
Division)
Jurisdiction for Hawaii, Guam, American
Samoa, Commonwealth of the Northern
Marianas:
Office and Mail: 459 Patterson Road,
Honolulu, HI 96819
Phone: 1–808–433–0481
Houston
Jurisdiction for Arkansas, Louisiana,
Oklahoma, Texas:
Office and Mail: 6900 Almeda Road,
Houston, TX 77030–4200
Phone: 1–888–232–2571 Ext. 1855
Phoenix
Jurisdiction for Arizona, California, New
Mexico, Nevada:
Office and Mail: 3333 N. Central Avenue,
Phoenix, AZ 85012–2402
Phone: 1–888–869–0194
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
Phone: 1–800–933–5499
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
Phone: 1–800–827–0611
St. Petersburg
Jurisdiction for Alabama, Florida,
Mississippi, Puerto Rico, U.S. Virgin Islands:
Office: 9500 Bay Pines Boulevard, St.
Petersburg, FL 33708
Mail: P.O. Box 1437, St. Petersburg, FL 33731
Phone: 1–888–611–8916
[FR Doc. 2013–28714 Filed 11–27–13; 8:45 am]
BILLING CODE 8320–01–P

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