[Federal Register Volume 62, Number 98 (Wednesday, May 21, 1997)]
[Notices]
[Pages 27770-27772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13234]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-3918-N-12]
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--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
[[Page 27771]]
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. 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 delinquent or defaulted Federal obligations for HUD or other agency
direct of guaranteed loans. 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 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 DATE: June 30, 1997.
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. Miller,
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 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 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, Public Law 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.
Records 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 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 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 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 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 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, records of foreclosures, and Federal
judgment liens.
Categories of individuals include: Former mortgagers and purchasers
of HUD-owned properties, manufactured (mobile) home and home
improvement
[[Page 27772]]
loan debtors who are delinquent or in default on their loans,
rehabilitation loan debtors who are delinquent or in default on their
loans, and individuals or 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.
Issued at Washington, DC, May 15, 1997.
Steven M. Yohai,
Chief Information Officer.
[FR Doc. 97-13234 Filed 5-20-97; 8:45 am]
BILLING CODE 4210-01-M
