[Federal Register Volume 63, Number 230 (Tuesday, December 1, 1998)]
[Notices]
[Pages 66193-66195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31944]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-3918-N-17]


Privacy Act of 1974; Notice of a Computer Matching Program

AGENCY: Office of the Assistant Secretary for Administration, HUD.


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ACTION: Notice of a Computer Matching Program--HUD and Department of 
Justice (DOJ).

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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 
(Pub. L. 100-503), 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 Justice (DOJ) to utilize a computer 
information system of HUD, the Credit Alert Interactive Voice Response 
System (CAIVRS), with DOJ's debtor files. 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 
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. Before granting a loan, a lending agency and/or 
an 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 debtor files of the DOJ and 
verify that the loan applicant is not in default on a Federal judgment 
or delinquent on direct or guaranteed loans of participating Federal 
programs. 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 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 by: December 31, 1998.

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 Street, SW, 
Washington, DC 20410, telephone number (202) 708-2374. (This is not a 
toll-free number.)

FOR FURTHER INFORMATION FROM SOURCE AGENCY CONTACT: Diane J. Watson, 
Debt Collection Management, Department of Justice, 10th and 
Constitution Avenue. NW, Washington, DC 20530. Telephone number (202) 
514-5343. [This is not a toll-free number.]

REPORTING: In accordance with Pub. L. 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 under the authority 
of 28 U.S.C. 2301(e) (section 3611 of the Federal Debt Collection 
Procedures Act of 1990, Pub. L. 101-647), and Office of Management and 
Budget (OMB) Circular A-129, 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.

OBJECTIVES TO BE MET BY THE MATCHING PROGRAM: By identifying those 
individuals or corporations against whom the DOJ has filed a judgment, 
the Federal Government can expand the prescreening search of their loan 
applicants to further avoid lending to applicants who are credit risks.

RECORD TO BE MATCHED: HUD will utilize its system of records entitled, 
Accounting Records, HUD/DEPT-2. The debtor files for HUD programs 
involved are included in this system of records. HUD's debtor files 
contain information on borrowers and coborrowers 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 CAICVRS 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/Dafault.
    The DOJ will provide HUD with its debtor files contained in its 
system of records entitled, Debt Collection Management System, JUSTICE/
JMD-006. HUD is maintaining DOJ's records only as a ministerial action 
on behalf of DOJ, not as a part of HUD's HUD/DEPT-2 system of records. 
DOJ's data contain information on individuals or corporations who have 
defaulted on Federal judgments. The DOJ 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 
DOJ's data.

NOTICE PROCEDURES: HUD 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 DOJ will also publish notices concerning routine use 
disclosures in the Federal Register to inform individuals that a 
computer match may be performed to determine 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 statement, 
records of foreclosures, and Federal judgment liens.
    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, rehabilitation loan debtors who are delinquent or in default on 
their loan, and individuals or

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corporations against whom judgments have been filed by DOJ.

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 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: November 23, 1998.
Leslie H. Graham, Jr.
Deputy Director, Office of Information Technology.
[FR Doc. 98-31944 Filed 11-30-98; 8:45 am]
BILLING CODE 4210-01-M