[Federal Register Volume 63, Number 189 (Wednesday, September 30, 1998)]
[Notices]
[Pages 52269-52273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26157]
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FEDERAL FINANCIAL INSTITUTIONS EXAMINATION COUNCIL
Privacy Act of 1974; System of Records; Amendment
AGENCY: Appraisal Subcommittee, Federal Financial Institutions
Examination Council.
ACTION: Notice to amend record system and routine uses.
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SUMMARY: The Appraisal Subcommittee of the Federal Financial
Institutions Examination Council (``ASC'') proposes to amend its system
of records notice regarding the ``National Registry of State Certified
and Licensed Appraisers'' (``National Registry'') under the Privacy Act
of 1974, as amended (5 U.S.C. 552a)
[[Page 52270]]
and the routine uses of the information collected.
DATES: This action will be effective without further notice on October
30, 1998, unless comments are received that would result in a contrary
determination.
ADDRESSES: Send comments to Marc L. Weinberg, General Counsel, by U.S.
Mail at Appraisal Subcommittee; 2100 Pennsylvania Avenue, NW., Suite
200; Washington, DC 20037, or by Internet E-mail at marcw1@asc.gov.
FOR FURTHER INFORMATION CONTACT: Marc L. Weinberg, General Counsel;
Appraisal Subcommittee, 2100 Pennsylvania Avenue, NW., Suite 200;
Washington, DC 20037.
SUPPLEMENTARY INFORMATION: The ASC's ``notice of new system records''
regarding the National Registry was published at 57 FR 11084 (April 1,
1992). Copies of this notice are available from the address above. The
ASC proposes to amend this notice of new system records.
The proposed amendments are not within the purview of subsection
(r) of the Privacy Act, as amended, which would require the submission
of a new or altered system report for each system. The specific changes
to the records system being amended are set forth below, followed by
the notice as amended, published in its entirety.
The proposed amendments are the result of the National Registry
``redesign project,'' (``Project''), which has had as its central goal
making publicly available to the greatest extent possible National
Registry information via the Internet. Towards that end, the ASC, in
July 1997, gave final approval to the Project, and, on September 22,
1997, approved amendments to ASC Policy Statement 8, National Registry
of State Certified and Licensed Appraisers. In addition, the ASC issued
letters to State appraiser regulatory agency officials on July 31,
September 26, and September 30, 1997, describing the operational
details of the Project.
As a result of these actions, since early 1998, virtually all
information contained in the National Registry has been made available
to the public at no cost through the ASC's Internet Web site,
www.asc.gov. Anyone with Internet access--homebuyers and sellers,
financial institutions, State appraiser regulatory agencies, and
Federal and State agencies--can retrieve, by virtually any data element
in the National Registry database, the information contained in the
database. Therefore, a remotely located bank with Internet access can
almost immediately determine the name, address, and telephone number of
a State certified real estate appraiser located near the bank or
located near the property to be appraised. Homebuyers can download a
listing of all State licensed appraisers or State certified residential
appraisers located nearby. And, a State appraiser regulatory agency
(``State agency'') can determine whether an out-of-State appraiser
seeking a temporary practice permit within the State, in fact, is a
certified or licensed appraiser, in good standing, in his or her home
State. Finally, anyone can determine whether an appraiser's license or
certification is currently suspended, revoked or has been voluntarily
surrendered in lieu of further State disciplinary action.
Only two National Registry data elements are protected by the
Privacy Act of 1974 and are not generally releasable, through the
Internet or otherwise. These elements are: (1) The National Registry
Number (which is the appraiser's Social Security Number, where
available, or an ASC randomly generated number, where it is not
available); and (2) a symbol indicating that a State agency has ordered
a final disciplinary acting against an appraiser resulting in something
other than a suspension, revocation or voluntary surrender in lieu of
further State action, e.g., additional education or a monetary fine.
These data elements are available only to a very limited number of
persons and situations, as outlined below.
The ASC has taken steps to ensure that the public posting of
Registry information on the Internet will not violate State information
protection laws. During the planning and implementation stages of the
Project, the ASC worked with the States to ensure that any Privacy Act
issues were discussed and resolved. For example, a number of States
initially were very concerned about providing the ASC National Registry
Numbers, which ideally are Social Security Numbers. In written
communications and discussions, the ASC informed the States that these
numbers only would be available to ASC members and staff and State-
specified officials whose access would be ID and password protected. In
some instances, State agencies specifically notified their certified or
licensed appraisers about this use of the numbers and requested their
consent to that use. The ASC has assigned unique National Registry
numbers to persons not consenting to this use. Moreover, to further
protect those numbers, the ASC has digitally encrypted them. Finally,
the ASC's policy has been to honor State personal information
protection laws. If a State were to inform us that a certain data
element is private within the State, that element would not be made
available on our Web site.
These changes not only significantly enhance the usefulness of the
National Registry, consistent with the purposes of Title XI of the
Financial Institutions Reform, Recovery, and Enforcement Act of 1989,
as amended, 12 U.S.C. 3331-3351, they also greatly facilitate the
ability of persons whose Privacy Act interests are affected by this
System of Records, i.e., State certified or licensed real estate
appraisers, to exercise their rights under the Privacy Act. They can
check immediately whether information pertaining to them exists in the
system of records, can determine whether that information is accurate,
and can request a correction of that information, if necessary.
All publicly available National Registry data elements will
continue to be releasable to persons who do not have Internet access.
Filing a Freedom of Information Act (``FOIA'') request with the ASC
under ASC regulations at 12 CFR part 1102, subpart D, however, still
will be needed.
Persons who do not have access to the Internet are not affected
significantly by these changes. They continue to use FOIA and the
Privacy Act (and the ASC respective implementing regulations, 12 CFR
Part 1102, subparts D and C) to meet their information needs regarding
this system of records.
ASC-1
System name:
National registry of State certified and licensed appraisers.
Changes:
* * * * *
Categories of records in the system:
Delete entry and replace with ``State abbreviation; national
registry number; State license number; license action; previous license
number; last name; first name; middle initial; name suffix; date of
birth; street (mailing); city (mailing); State (mailing); zip
(mailing); company name; telephone; street (physical); city (physical);
State (physical); zip (physical); county name; FIPS county code;
status; status date; license type; previous license type; effective
date; expiration date; previous expiration date; amount paid;
transaction date; years paid; classification; EDI capability;
disciplinary code; effective date; ending date; release to public;
release to government.''
* * * * *
[[Page 52271]]
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
* * * * *
Delete entry ``(10)'' and replace with ``(10) Using traditional,
non-computerized methods, the information may be disclosed to Federal,
State or local government agency personnel and duly authorized officers
or employees of a financial institution, as that term is defined in
section 1121(7) of Title XI of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989, 12 U.S.C. 3350(7), where records
in this system of records pertain to a person seeking to qualify, or
remain qualified, as a staff or fee appraiser eligible to perform an
appraisal in connection with a federally related transaction.''
* * * * *
Add new entry ``(11) All information in this system of records,
except the national registry number and the disciplinary code relating
to final disciplinary actions resulting in less than suspensions,
revocations or voluntary surrenders of credentials in lieu of further
State disciplinary action (collectively, `protected data'), may be
disclosed to any member of the public through inquiry of the ASC's
Internet Web site. All information, with no exceptions, may be
disclosed to authorized Federal and State agency officials through
inquiry of the ASC's Internet Web site.''
Storage:
Delete entry and replace with ``Paper records in file drawers,
computer diskettes, removable computer media (such as `zip disks'),
computer hard disk drives, magnetic tapes, and computer memory. The
public portion of the information also is stored in digital form at the
data processing facilities of National Technical Information Services,
Department of Commerce, Springfield, VA.''
Retrievability:
Delete entry and replace with ``National Registry information on
the ASC's Web site may be retrieved by any single data element or by
any combination of data elements listed above in `Categories of Records
in the System,' except for protected data. Protected data cannot be
retrieved by anyone other than persons authorized in the `Routine Uses'
section above. All information, except for protected data, can be
retrieved by anyone by using preformatted or custom queries through the
ASC's Internet Web site. Only authorized ASC members and staff and
State appraiser regulatory agency `Authorized Officials' can retrieve
protected data through the ASC Web site. For persons without Internet
access to the ASC's Web site, information may be retrieved by following
the procedures in 12 CFR part 1102, subpart C.''
Safeguards:
Delete entry and replace with: ``Records submitted by State
appraiser regulatory agencies are kept in limited access areas during
duty hours and in locked office areas at all other times. These records
are available only to those persons whose official duties require such
access. Internet access to protected data is limited by using `Secure
Socket Layer' technology and by the ASC assigning user identifications
and passwords to `Authorized Officials' designated by State appraiser
regulatory organizations and ASC members and staff. No one, other than
duly authorized ASC personnel and other persons who are authorized,
from time to time, by the System Manager to assist the ASC in
maintaining the ASC Web site, can edit or otherwise change the
underlying database records contained in the system of records.''
* * * * *
System manager(s) and address:
Delete entry and replace with: ``Executive Director, ASC, 2100
Pennsylvania Avenue, NW, Suite 200, Washington, DC 20037.''
Notification procedure:
Delete entry and replace with: ``Individuals without Internet
access, who are seeking to determine whether this system of records
contains information about themselves, seeking access to records about
themselves in this system of records, or contesting the content of
records about themselves, must follow the procedures described in 12
CFR part 1102, subpart C.
Individuals with Internet access at any time can determine almost
immediately whether this system of records contains information about
themselves and whether the information is accurate (except for
protected data). Therefore, persons with Internet access do not need to
notify the ASC regarding their seeking to determine whether this system
of records contains information about themselves or seeking access to
records about themselves in this system of records. Notifications under
12 CFR part 1102, subpart C, however, are needed to obtain information
about protected data in the system of records and to contest the
content of any records in the system of records.''
Record access procedure:
Delete entry and replace with: ``Records, other than those
pertaining to protected data, may be accessed by anyone, at any time,
via the ASC's Internet Web site. Protected data are not publicly
accessible; access is limited only to State agency `Authorized
Officials' and other State and Federal agency officials consistent with
the `routine uses' stated above. For persons without Internet access,
the procedure for accessing records in this system of records is set
out in 12 CFR part 1102, subpart C.''
Contesting record procedures:
Delete and replace with: ``Notifications under 12 CFR part 1102,
subpart C are needed to contest the content of any records in the
system of records.''
* * * * *
ASC-1
SYSTEM NAME:
National Registry of State Certified and Licensed Appraisers.
SYSTEM LOCATION:
Appraisal Subcommittee of the Federal Financial Institutions
Examination Council, 2100 Pennsylvania Avenue, NW, Suite 200,
Washington, DC. 20037.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who are, or have been, licensed or certified by a State
to perform appraisals in federally related transactions.
CATEGORIES OF RECORDS IN THE SYSTEM:
State abbreviation; national registry number; State license number;
license action; previous license number; last name; first name; middle
initial; name suffix; date of birth; street (mailing); city (mailing);
State (mailing); zip (mailing); company name; telephone; street
(physical); city (physical); State (physical); zip (physical); county
name; FIPS county code; status; status date; license type; previous
license type; effective date; expiration date; previous expiration
date; amount paid; transaction date; years paid; classification; EDI
capability; disciplinary code; effective date; ending date; release to
public; release to government.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Sections 1103(a)(4) and 1109(a)(1), Title XI of the Financial
Institutions Reform, Recovery, and Enforcement Act of 1989, 12 U.S.C.
3332(a)(4) and 3338(a)(1).
[[Page 52272]]
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES
(1) The information in the system may be used by the ASC in any
administrative proceeding before the ASC or in any other action or
proceeding in which the ASC or its staff participates as a party or the
ASC participates as amicus curaie any may be available to the extent
required by law in response to a subpoena issued in the course of a
proceeding in which the ASC is not a party;
(2) In any case in which records in the system indicate a violation
or a potential violation of law, whether civil, criminal or regulatory
in nature, whether arising from general statute, or by regulation, rule
or order issued pursuant thereto, the relevant records may be referred
to the approriate agency, whether Federal, State or local, charged with
enforcing or implementing the Statute, regulation, rule or order.
(3) The information may be given or shown to anyone during the
course of an ASC investigation if the ASC staff has reason to believe
that disclosure to the person will further the investigation.
Information also may be disclosed to Federal, State or local
authorities in order to obtain information or records relevant to an
ASC investigation;
(4) The information may be given to independent auditors or other
private firms with which the ASC has contracted to carry out an
independent audit, or to collate, aggregate or otherwise refine and
process data collected in the system of records. These contractors will
be required to maintain Privacy Act safeguards with respect to such
records;
(5) The information may be disclosed to a Federal, State or local
government agency where records in this system of records pertain to an
application for employment or to a current employer of that agency
where the records are relevant and necessary to an agency decision
concerning the hiring or retention of an employee or disciplinary or
other administrative action concerning an employee;
(6) The information may be disclosed to a Federal, State or local
government agency in response with the issuance of a security
clearance, the letting of a contract, or the issuance of a license,
grant or other benefit bythe requesting agency, to the extent that the
information is relevant and necessary to the requesting agency's
decision in the matter;
(7) The information may be disclosed to the Department of Justice
or other counsel to the ASC for legal advice and also when the
defendant in litigation is: (a) Any component of the ASC or any member
or employee of the ASC in his or her official capacity; or (b) the
United States. The information also may be disclosed to counsel for any
ASC member or employee in litigation or anticipated litigation in his
or her individual capacity where the ASC or the Department of Justice
agrees to represent such employee or authorizes representation by
another;
(8) The information may be disclosed to a Congressional office in
response to an inquiry made at the request of the individual to whom
the record pertains;
(9) The information may be disclosed to the news media in
accordance with guidelines contained in 28 CFR. 50.2 concerning the
ASC's functions relating to civil, administrative and criminal
proceedings;
(10) Using traditional, non-computerized methods, the information
may be disclosed to Federal, State or local government agency personnel
and duly authorized officers or employees of a financial institution,
as that term is defined in section 1121(7) of Title XI of the Financial
Institutions Reform, Recovery, and Enforcement Act of 1989, 12 U.S.C.
3350(7), where records in this system of records pertain to a person
seeking to qualify, or remain qualified, as a staff or fee appraiser
eligible to perform an appraisal in connection with a federally related
transaction.
(11) All information in this system of records, except the national
registry number and the disciplinary code relating to final
disciplinary actions resulting in less than suspensions, revocations or
voluntary surrenders of credentials in lieu of further State
disciplinary action (collectively, `protected data'), may be disclosed
or any member of the public through inquiry of the ASC's Internet Web
site. All information, with no exceptions, may be disclosed to
authorized Federal and State agency officials through inquiry of the
ASC's Internet Web site.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Paper records in file drawers, computer diskettes, removable
computer media (such as ``zip disk''), computer hard disk drives
magnetic tapes, and computer memory. The public portion of the
information also is stored in digital form at the data processing
facilities of National Technical Information Services, Department of
Commerce, Springfield, VA.
RETRIEVABILITY:
National Registry information on the ASC's Web site may be
retrieved by any single data element or by any combination of data
elements listed above in ``Categories of Records in the Systems,''
except for protected data. Protected data cannot be retrieved by anyone
other than persons authorized in the ``Routine Uses'' section above.
All information, except for protected data, cna be retrieved by anyone
by using preformatted or custom queries through the ASC's Internet Web
site. Only authorized ASC members and staff and State appraiser
regulatory agency ``authorized Officials'' can retrieve protected data
through the ASC Web site. For persons without Internet access to the
ASC's Web site, information may be retrieved by following the
procedures in CFR part 1102, subpart C.
SAFEGUARDS:
Records submitted by State appraiser regulatory agencies are kept
in limited access areas during duty hours and in locked office areas at
all other times. These records are available only to those persons
whose official duties require such access. Internet access to protected
data is limited by using `Secure Socket Layer' technology and by the
ASC assigning user identifications and passwords to ``Authorized
Officials'' designated by State appraiser regulatory organizations and
ASC members and staff. No one, other than duly authoized ASC personnel
and other persons who are authorized, from time to time, by the System
Manager to assist the ASC in maintaining the ASC Web site, can edit or
otherwise change the underlying database records contained in the
system of records.
RETENTION AND DISPOSAL:
System records are retained by the ASC indefinitely.
SYSTEM MANAGER(S) AND ADDRESS:
Executive Director, ASC, 2100 Pennsylvania Avenue, NW, Suite 200,
Washington, DC 20037.
NOTIFICATION PROCEDURE:
Individuals without Internet access, who are seeking to determine
whether this system of records contains information about themselves,
seeking access to records about themselves in this system of records,
or contesting the content of records about themselves, must follow the
procedures described in 12 CFR part 1102, subpart C.
Individuals with Internet access at any time can determine almost
immediately whether this system of records contains information about
[[Page 52273]]
themselves and whether the information is accurate (except for
protected data). Therefore, persons with Internet access do not need to
notify the ASC regarding their seeking to determine whether this system
of records contains information about themselves or seeking access to
records about themselves in this system of records. Notifications under
12 CFR part 1102, subpart C, however, are needed to obtain information
about protected data in the system of records and to contest the
content of any records in the system of records.
RECORD ACCESS PROCEDURE:
Records, other than those pertaining to protected data, may be
accessed by anyone, at any time, via the ASC's Internet Wed site.
Protected data are not publicly accessible; access is limited only to
State agency ``Authorized Officials'' and other State and Federal
agency officials consistent with the ``routine uses'' stated above. For
persons without Internet access, the procedure for accessing records in
this system of records is set out in 12 CFR part 1102, subpart C.
CONTESTING RECORD PROCEDURES:
Notifications under 12 CFR part 1102, subpart C are needed to
contest the content of any records in the system of records.
RECORD SOURCE CATEGORIES:
Information in these records is supplied by State appraiser
regulatory agencies. These agencies gather the information from
individuals seeking to become State licensed or State certified
appraisers, individuals seeking to renew their licenses or
certifications, or qualified individuals seeking authority from an
agency to perform appraisals in federally related transactions outside
of their State of licensure or certification on a temporary basis.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Dated: September 24, 1998.
By the Appraisal Subcommittee of the Federal Financial
Institutions Examination Council.
Ben Henson,
Executive Director.
[FR Doc. 98-26157 Filed 9-29-98; 8:45 am]
BILLING CODE 6210-01-M
