[Federal Register Volume 64, Number 188 (Wednesday, September 29, 1999)]
[Notices]
[Pages 52515-52516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25259]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-4456-N-06]
Privacy Act of 1974; Notice of a Computer Matching Program
AGENCY: Office of the Chief Information Officer, HUD.
ACTION: Notice of a Computer Matching Program--HUD and the 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's data, the CAIVRS data base includes
delinquent debt information from the Departments of Education, Veterans
Affairs, Justice 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 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. 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 in the Federal Register (November 8,
1999), 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: October 29, 1999.
ADDRESSEES: 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
[[Page 52516]]
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
P8202, 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 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 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 owed or 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 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 a 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 at least 40 days from the date copies
of the signed (by both Data Integrity Boards) computer matching
agreements 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.
Dated: September 22, 1999.
Gloria R. Parker,
Chief Information Officer.
[FR Doc. 99-25259 Filed 9-28-99; 8:45 am]
BILLING CODE 4210-01-P