[Federal Register Volume 60, Number 117 (Monday, June 19, 1995)]
[Notices]
[Pages 32019-32020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14929]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Administration
[Docket No. FR-3918-N-02]
Privacy Act of 1974; Computer Matching Program
AGENCY: Office of the Assistant Secretary for Administration, (HUD).
ACTION: Notice of a Computer Matching Program between HUD and the
Department of Education (ED).
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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
computer matching program with the Department of Education (ED) to
utilize a computer information system of HUD, the Credit Alert
Interactive Voice Response System (CAIVRS), with ED'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 ED 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 ED and verify
that the loan applicant is not in default or delinquent on direct
[[Page 32020]] 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 ED 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.
EFFECTIVE DATE: Computer matching is expected to begin July 19, 1995
and unless comments are received which will result in a contrary
determination, will be accomplished 18 months from the beginning date.
FOR PRIVACY ACT INFORMATION 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 telephone number.]
FOR FURTHER INFORMATION FROM RECIPIENT AGENCY CONTACT: Joseph
McCloskey, Director, Control and Analysis Division, Department of
Housing and Urban Development, 451 7th Street SW., room 2246,
Washington, DC 20410, telephone number (202) 708-2438. [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 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 Governmental Affairs
of the United States Senate, the Committee on Government Reform and
Oversight of the House of Representatives, and the Office of Management
and Budget.
Authority
The matching program may 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 ED 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 ED 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 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.
ED will provide HUD with debtor files contained in its system of
records. HUD is maintaining ED's records only as a ministerial action
on behalf of ED, not as a part of HUD's HUD/DEPT-2 system of records.
ED's data contain information on individuals who have defaulted on
their guaranteed loans. ED will retain ownership and responsibility for
their systems of records that they place with HUD. HUD serves only as a
record location and routine use recipient for ED's data.
Notice Procedures
HUD and ED 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 ED 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,
ED Regional Office Code, Collection Agency Code, program code, and
indication of indebtedness. Categories of records include: Record 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 a 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, June 13, 1995.
Marilynn A. Davis,
Assistant Secretary for Administration.
[FR Doc. 95-14929 Filed 6-16-95; 8:45 am]
BILLING CODE 4210-01-M
