[Federal Register Volume 59, Number 99 (Tuesday, May 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12637]
[[Page Unknown]]
[Federal Register: May 24, 1994]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Administration
[Docket No. N-94-3777; FR-3729-N-01]
Privacy Act of 1974; Notice of a Computer Matching Program
AGENCY: Office of the Assistant Secretary for Administration, (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, (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
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 included
delinquent debt information from the Department of Education,
Department of Veterans Affairs, and the Small Business Administration.
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 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 in 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 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 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.
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 date of 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, within
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: Reynaldo Gonzalez,
Debt/Credit Management Coordinator, U.S. Department of Agriculture,
14th and Independence Avenue, SW., Washington, DC 20250, telephone
number (202) 720-1168. [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, in duplicate, 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.
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 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 form 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/FNHA-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 May 3, 1994.
Marilynn A. Davis,
Assistant Secretary for Administration.
[FR Doc. 94-12637 Filed 5-23-94; 8:45 am]
BILLING CODE 4210-01-M
