[Federal Register Volume 62, Number 71 (Monday, April 14, 1997)]
[Notices]
[Pages 18139-18141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9544]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-3918-N-11]
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 (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 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 includes delinquent debt
information from the Departments of Agriculture, Education and Veterans
Affairs, the Small Business Administration and judgment lien data from
the Department of Justice. This match will allow prescreening of
applicants for loans or loans guaranteed by the Federal Government to
ascertain
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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: May 14, 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 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: Ben Saars, Office
of Financial Assistance, Small Business Administration, 409 Third
Street, SW., Washington, DC 20416, Telephone Number (202) 401-1469.
[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 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 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 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 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
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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, April 3, 1997.
Steven M. Yohai,
Chief Information Officer.
[FR Doc. 97-9544 Filed 4-11-97; 8:45 am]
BILLING CODE 4210-01-M