[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