17VA26
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 the VA or by someone
other than the VA (i.e., appraisers, compliance inspectors,
management brokers, 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
the 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 inspector, fee attorneys, or management
brokers. These applications include information concerning
applicant's name, address, business phone numbers, social security
numbers or taxpayer identification number, and professional
qualifications; (2) applications by non-supervised 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 the 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 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.
Routine uses of records maintained in the system, including categories of users and the purposes of such uses:
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. The National Control
List of suspended program participants is also maintained on magnetic
disk at Central Office.
Retrievability:
All records are indexed or cross-indexed 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 acess 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 VA Loan Guaranty 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 two 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 Veterans
Administration regional office or 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
VA loan program. Inquiries should include the individual's name,
address, firm represented, if any, and capacity in which the
individual participates or participated in the VA loan 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.
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 Veterans Administration regional office or 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 Records access procedures above.)
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.
Systems exempted from certain provisions of the act:
The Administrator 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.