[Federal Register Volume 62, Number 57 (Tuesday, March 25, 1997)]
[Notices]
[Pages 14160-14161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7427]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-3918-N-10]
Privacy Act of 1974; Computer Matching Program
AGENCY: Department of Housing and Urban Development (HUD).
ACTION: Notice of a computer matching program--HUD and United States
Department of Agriculture (USDA).
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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, as
amended, (P.L. 100-503), and the Office of Management and Budget (OMB)
Guidelines on the Conduct of Marching Programs (54 FR 25818) (June 19,
1989)), and OMB Bulletins 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
recurring computer matching program with the U.S. Department of
Agriculture (USDA) to utilize a computer information system of HUD, the
Credit Alert Interactive Voice Response System (CAIVRS), with USDA's
debtor files. In addition to HUD data, the CAIVRS data base includes
delinquent debt information from the Department of Education,
Department of Veteran Affairs, the Small Business Administration and
judgment lien data from the Department of Justice. 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 issued by the Federal Government for HUD or
USDA 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 the Social Security Numbers (SSNs) of HUD's delinquent
debtors and defaulters and defaulted debtor records of the USDA and
verify that the loan applicant is not default or delinquent on direct
or guaranteed loans of participating Federal programs of either agency.
Authorized users place a telephone call to the system. The system
provides a recorded message followed by a series of instructions, one
of which is a requirement for the SSN of the loan applicant. The system
then reports audibly whether the SSN is related to the delinquent or
defaulted Federal obligations for HUD or USDA direct or guaranteed
loans. As a result of the information produced by this match, the
authorized users may not deny, terminate, or make a final decision on
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.
In accordance with 5 U.S.C. 552a(o)(2), copies of the matching
agreement are being sent by HUD to both houses of Congress. The match
is expected to commence not sooner than 40 days after the agreement by
the parties is submitted to Congress and not sooner than 30 days from
the publication of this notice or 40 days from the date this notice was
approved, whichever is later. The match may be extended by the involved
Data Integrity Boards for a twelve-month period provided all agencies
involved certify to their Data Integrity Boards, with three months of
the termination date of the original match, that the matching programs
will be conducted without change and have been conducted in compliance
with the original matching agreement. The match will not continue past
the date the legislative authority to obtain this information expires.
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 FURTHER INFORMATION FROM RECIPIENT
AGENCY CONTACT: Jeanette Smith, Departmental Privacy Act Officer,
Department of Housing and Urban Development, 451 7th Street, SW, Room
4176, Washington, DC 20410, telephone number (202) 708-2374. (This is
not a toll-free telephone number).
FOR FURTHER INFORMATION FROM SOURCE AGENCY CONTACT: Joyce A
Baumgartner, Fiscal Policy Division, U.S. Department of Agriculture,
14th and Independence Avenue, SW, Washington, DC 20250, telephone
number (202) 720-4958. (This is not a toll-free number.)
Reporting of Matching Program
In accordance with Public Law 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 Operations of the House of
Representatives, the Committee on Governmental Affairs of the Senate,
and the Office of Management and Budget.
Authority
The matching program may be conducted pursuant to Public Law 100-
503, ``The Computer Matching and Privacy Protection Act of 1988,'' as
amended, and Office of Management and Budget (OMB) Circular A-129
(Revised January 1993), 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. OMB Circular A-129 was 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.
[[Page 14161]]
Objectives To Be Met by the Matching Program
The matching program will allow USDA 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 USDA 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 insured or
guaranteed home mortgage loans; or individuals who have defaulted on
Section 312 rehabilitation loans; or individual 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 USDA will provide HUD with debtor files
contained in its system of records entitled, Applicant/Borrower or
Grantee File (USDA/FmHA-1). HUD is maintaining USDA's records only as a
ministerial action on behalf of USDA, not as part of HUD's HUD/DEPT-2
system of records. USDA's data contain information on individuals who
have defaulted on their guaranteed loans. The USDA 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 USDA's data.
Notice Procedures
HUD and the USDA 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 USDA 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,
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 is expected to begin 40 days after the date copies of the
signed (by both Data Integrity Boards) computer matching agreement are
sent to both Houses of Congress or 30 days from the date this Notice is
published in the Federal Register, or 40 days from the date this notice
is approved, whichever is later, providing no comments are received
which would result in a contrary determination.
Issued at Washington, DC, March 13, 1997.
Steven M. Yohai,
Chief Information Officer.
[FR Doc. 97-7427 Filed 3-24-97; 8:45 am]
BILLING CODE 4210-01-M
