[Federal Register Volume 63, Number 230 (Tuesday, December 1, 1998)]
[Notices]
[Pages 66193-66195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31944]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-3918-N-17]
Privacy Act of 1974; Notice of a Computer Matching Program
AGENCY: Office of the Assistant Secretary for Administration, HUD.
[[Page 66194]]
ACTION: Notice of a Computer Matching Program--HUD and Department of
Justice (DOJ).
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SUMMARY: In accordance with the Privacy Act of 1974 (5 U.S.C. 552a), as
amended by the Computer Matching and Privacy Protection Act of 1988
(Pub. L. 100-503), 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 Justice (DOJ) to utilize a computer
information system of HUD, the Credit Alert Interactive Voice Response
System (CAIVRS), with DOJ's debtor files. The CAIVRS data base now
includes delinquent debt information from the Departments of
Agriculture, Education and Veterans Affairs and the Small Business
Administration. 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. Before granting a loan, a lending agency and/or
an authorized lending institution will be able to interrogate the
CAIVRS debtor file which contains the Social Security Numbers (SSNs) of
HUD's delinquent debtors and defaulters and debtor files of the DOJ and
verify that the loan applicant is not in default on a Federal judgment
or delinquent on direct or guaranteed loans of participating Federal
programs. 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 40 days
after publication of this notice in the Federal Register 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: December 31, 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 PRIVACY ACT INFORMATION AND FOR FURTHER INFORMATION FROM RECIPIENT
AGENCY CONTACT: Jeanette Smith, Departmental Privacy Act officer,
Department of Housing and Urban Development, 451 7th Street, SW,
Washington, DC 20410, telephone number (202) 708-2374. (This is not a
toll-free number.)
FOR FURTHER INFORMATION FROM SOURCE AGENCY CONTACT: Diane J. Watson,
Debt Collection Management, Department of Justice, 10th and
Constitution Avenue. NW, Washington, DC 20530. Telephone number (202)
514-5343. [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.
AUTHORITY: The matching program will be conducted under the authority
of 28 U.S.C. 2301(e) (section 3611 of the Federal Debt Collection
Procedures Act of 1990, Pub. L. 101-647), and Office of Management and
Budget (OMB) Circular A-129, Policies for Federal Credit Programs and
Non-Tax Receivables. One of the purposes of all Executive departments
and agencies--including HUD--is to implement efficient management
practices for Federal credit programs.
OBJECTIVES TO BE MET BY THE MATCHING PROGRAM: By identifying those
individuals or corporations against whom the DOJ has filed a judgment,
the Federal Government can expand the prescreening search of their loan
applicants to further avoid lending to applicants who are credit risks.
RECORD TO BE MATCHED: HUD will utilize its system of records entitled,
Accounting Records, HUD/DEPT-2. The debtor files for HUD programs
involved are included in this system of records. HUD's debtor files
contain information on borrowers and coborrowers 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 defaulted on
Section 312 rehabilitation loans; or individuals who have had a claim
paid in the last three years on a Title I loan. For the CAICVRS 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/Dafault.
The DOJ will provide HUD with its debtor files contained in its
system of records entitled, Debt Collection Management System, JUSTICE/
JMD-006. HUD is maintaining DOJ's records only as a ministerial action
on behalf of DOJ, not as a part of HUD's HUD/DEPT-2 system of records.
DOJ's data contain information on individuals or corporations who have
defaulted on Federal judgments. The DOJ 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
DOJ's data.
NOTICE PROCEDURES: HUD will notify individuals at the time of
application (ensuring that routine use appears on the application form)
for guaranteed or direct loans that their records will be matched to
determine whether they are delinquent or in default on a Federal debt.
HUD and the DOJ will also publish notices concerning routine use
disclosures in the Federal Register to inform individuals that a
computer match may be performed to determine loan applicant's credit
status with the Federal Government.
CATEGORIES OF RECORDS/INDIVIDUALS INVOLVED: The debtor records include
these data elements: SSN, claim number, program code, and indication of
indebtedness. Categories of records include: records of claims and
defaults, repayment agreements, credit reports, financial statement,
records of foreclosures, and Federal judgment liens.
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, rehabilitation loan debtors who are delinquent or in default on
their loan, and individuals or
[[Page 66195]]
corporations against whom judgments have been filed by DOJ.
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 40 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. The matching program will be in effect and
continue for 18 months with an option to renew for 12 additional months
unless one of the parties to the agreement advises the other in writing
to terminate or modify the agreement.
Dated: November 23, 1998.
Leslie H. Graham, Jr.
Deputy Director, Office of Information Technology.
[FR Doc. 98-31944 Filed 11-30-98; 8:45 am]
BILLING CODE 4210-01-M
