[Federal Register Volume 63, Number 2 (Monday, January 5, 1998)]
[Notices]
[Pages 247-248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-68]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-3918-N-15]
Privacy Act of 1974; Notice of a Computer Matching Program
AGENCY: Department of Housing and Urban Development (HUD).
ACTION: Notice of a Computer Matching Program between HUD and the
Department of Education.
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SUMMARY: In accordance with the Privacy Act of 1974 (5 U.S.C. 552a), as
amended, (Pub. L. 100-503), and the Office of Management and Budget
(OMB) Guidelines on the Conduct of Matching Programs (54 FR 25818 (June
19, 1989)), and OMB Bulletin 89-22, ``Instructions on Reporting
Computer Matching Programs to the Office of Management and Budget
(OMB), Congress and the Public,'' the Department of Housing and Urban
Development (HUD) is issuing a public notice of its intent to conduct a
computer matching program with the Department of Education to utilize a
computer information system of HUD, the Credit Alert Interactive Voice
Response System (CAIVRS), with the Department of Education's debtor
files. This match will allow prescreening of applicants for loans or
loans guaranteed by the Federal Government to ascertain if the
applicant is delinquent in paying a debt owed to or insured by the
Federal Government for HUD or the Department of Education for direct or
guaranteed loans.
Before granting a loan, the lending agency and/or the authorized
lending institution will be able to interrogate the CAIVRS' debtor file
which contains delinquent debt information from the Departments of
Agriculture, Education, Veterans Affairs, the Small Business
Administration and judgment lien data from the Department of Justice,
and verify that the loan is not in default on a Federal judgment or
delinquent on direct or guaranteed loans of participating Federal
programs. This match will allow prescreening of applicants for debts
owed or loans guaranteed by the Federal Government to ascertain if the
applicant is delinquent in paying a debt owed to or insured by the
Federal Government.
Authorized users do a prescreening of CAIVRS to determine a loan
applicant's credit status with the Federal Government. As a result of
the information produced by this match, the authorized users may not
deny, terminate, or make a final decision of any loan assistance to an
applicant or take other adverse action against such applicant, until an
officer or employee of such agency has independently verified such
information.
DATES: Effective date: Computer matching is expected to begin February
4, 1998 unless comments are received which will result in a contrary
determination, or 40 days from the date a computer matching agreement
is signed, whichever is later.
Comments due by: February 4, 1998.
ADDRESSES: Interested persons are invited to submit comments regarding
this notice to the Rules Docket Clerk, Office of General Counsel, Room
10276, Department of Housing and Urban Development, 451 Seventh Street,
SW, Washington, DC 20410.
Communications should refer to the above docket number and title. A
copy of each communication submitted will be available for public
inspection and copying between 7:30 a.m. and 5:30 p.m. weekdays at the
above address.
FOR FURTHER INFORMATION FROM RECIPIENT AGENCY CONTACT:
Jeanette Smith, Departmental Privacy Act Officer, Department of Housing
and Urban Development, 451 7th St., SW, Room 4178, Washington, DC
20410, telephone number (202) 708-2374. [This is not a toll-free
number.]
FOR FURTHER INFORMATION FROM SOURCE AGENCY CONTACT: Adara Walton,
Branch Chief, Student Receivables Division, Department of Education,
Regional Office Building, 7th & D Streets, SW, Washington, DC 20202,
telephone number (202) 708-4766. [This is not a toll-free number.]
Reporting
In accordance with Pub. L. 100-503, the Computer Matching and
Privacy Protection Act of 1988, as amended, and Office of Management
and Budget Bulletin 89-22, ``Instructions on Reporting Computer
Matching Programs to the Office of Management and Budget (OMB),
Congress and the Public;'' copies of this Notice and report are being
provided to the Committee on Government Reform and Oversight of the
House of Representatives, the Committee on Governmental Affairs of the
Senate, and the Office of Management and Budget.
[[Page 248]]
Authority: The matching program will be conducted pursuant to
Pub. L. 100-503, ``The Computer Matching and Privacy Protection Act
of 1988,'' as amended, and Office of Management and Budget (OMB)
Circulars A-129 (Managing Federal Credit Programs) and A-70
(Policies and Guidelines for Federal Credit Programs). One of the
purposes of all Executive departments and agencies--including HUD--
is to implement efficient management practices for Federal credit
programs. OMB Circulars A-129 and A-70 were issued under the
authority of the Budget and Accounting Act of 1921, as amended; the
Budget and Accounting Act of 1950, as amended; the Debt Collection
Act of 1982, as amended; and, the Deficit Reduction Act of 1984, as
amended.
Objectives To Be Met by the Matching Program
The matching program will allow the Department of Education access
to a system which permits prescreening of applicants for loans or loans
guaranteed by the Federal Government to ascertain if the applicant is
delinquent in paying a debt owed to or insured by the Government. In
addition, HUD will be provided access to the Department of Education's
debtor data for prescreening purposes.
Records To Be Matched
HUD will utilize its system of records entitled HUD/DEPT-2,
Accounting Records. The debtor files for HUD programs involved are
included in this system of records. HUD's debtor files contain
information on borrowers and co-borrowers who are currently in default
(at least 90 days delinquent on their loans); or who have any
outstanding claims paid during the last three years on Title II insured
or guaranteed home mortgage loans; or individuals who have had a claim
paid in the last three years on a Title I loan. For the CAIVRS match,
HUD/DEPT-2, System of Records, receives its program inputs from HUD/
DEPT-28, Property Improvement and Manufactured (Mobile) Home Loans--
Default; HUD/DEPT-32, Delinquent/Default/Assigned Temporary Mortgage
Assistance Payments (TMAP) Program; and HUD/CPD-1, Rehabilitation
Loans--Delinquent/Default.
The Department of Education will provide HUD with debtor files
contained in its system of records (Title IV Program File, 18-40-0024).
HUD is maintaining the Department of Education's records only as a
ministerial action on behalf of the Department of Education, not as
part of HUD's HUD/DEPT-2 system of records. The Department of
Education's data contain information on individuals who have defaulted
on their guaranteed loans. The Department of Education will retain
ownership and responsibility for their system of records that they
place with HUD. HUD serves only as a record location and routine use
recipient for the Department of Education's data.
Notice Procedures
HUD and the Department of Education have separate notification
procedures. When the Federal credit being sought is a HUD/FHA mortgage,
HUD will notify individuals at the time of application (ensuring that
routine use appears on the application form). The Department of
Education will notify individuals at the time of application for
Federal student loan programs that their records will be matched to
determine whether they are delinquent or in default on a Federal debt.
HUD and the Department of Education will also publish notices
concerning routine use disclosures in the Federal Register to inform
individuals that a computer match may be performed to determine a loan
applicant's credit status with the Federal Government.
Categories of Records/Individuals Involved
The debtor records include these data elements: SSN, claim number,
the Department of Education's Regional Office Code, Collection Agency
Code, program code, and indication of indebtedness. Categories of
records include: records of claims and defaults, repayment agreements,
credit reports, financial statements, and records of foreclosures.
Categories of individuals include former mortgagors and purchasers of
HUD-owned properties, manufactured (mobile) home and home improvement
loan debtors who are delinquent or in default on their loans, and
rehabilitation loan debtors who are delinquent or in default on their
loans.
Period of the Match
Matching will begin at least 40 days from the date copies of the
signed (by both Data Integrity Boards) computer matching agreement are
sent to both Houses of Congress or at least 30 days from the date this
Notice is published in the Federal Register, whichever is later,
providing no comments are received which would result in a contrary
determination.
Issued at Washington, DC, December 29, 1997.
Leslie H. Graham, Jr.,
Deputy Director, Office of Information Technology.
[FR Doc. 98-68 Filed 1-2-98; 8:45 am]
BILLING CODE 4210-32-M
