[Federal Register Volume 59, Number 176 (Tuesday, September 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22635]
[[Page Unknown]]
[Federal Register: September 13, 1994]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Administration
[Docket No. N-94-3814; FR3764-N-01]
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 between HUD and the Small
Business Administration (SBA).
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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, (Public Law 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 Small Business Administration (SBA)
to utilize a computer information system of HUD, the Credit Alert
Interactive Voice Response System (CAIVRS), with SBA's debtor files. In
addition to HUD data, 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 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 SBA 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 SBA 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 SBA 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 at least 40 days
from the date this computer matching notice is published, providing no
comments are received which would result in a contrary determination.
It will be accomplished 18 months from the beginning date.
Comments Due Date: October 13, 1994.
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 St., SW, Room
4176, Washington, DC 20410, Telephone Number (202) 708-2374. [This is
not a toll-free number.]
FOR FURTHER INFORMATION FROM SOURCE AGENCY CONTACT: Walter Intlekofer,
Chief, Operations Assistance Branch, Office of Portfolio Management,
Small Business Administration, 409 Third Street, S.W., Washington, DC
20416, Telephone Number (202) 205-6481. [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 a 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 SBA 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
SBA 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.
The SBA will provide HUD with debtor files contained in its system
of records entitled, Loan Case File (SBA 075). HUD is maintaining SBA's
records only as a ministerial action on behalf of SBA, not as a part of
HUD's HUD/DEPT-2 system of records. SBA's data contain information on
individuals who have defaulted on their direct loans. The SBA 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 SBA's data.
Notice Procedures: HUD and the SBA 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 SBA have published 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 indebteness. 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 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 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.
Issued at Washington, DC, September 7, 1994.
Marilynn A. Davis,
Assistant Secretary for Administration.
[FR Doc. 94-22635 Filed 9-12-94; 8:45 am]
BILLING CODE 4210-01-M
