[Federal Register Volume 64, Number 206 (Tuesday, October 26, 1999)]
[Notices]
[Pages 57642-57643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27837]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4456-N-08]


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 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's data, the CAIVRS data base includes delinquent debt 
information from the Departments of Agriculture, Education Veterans 
Affairs, and judgment lien data from the Department of Justice. 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 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. As a 
result of the information produced by this match, the authorized users 
may not deny, terminate, or make a final decision on 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.


[[Page 57643]]


DATE: 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: November 26, 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 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 Seventh Street, SW, 
Room P8202, 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 
are being provided to the Committee on Government Reform of the House 
of Representatives, the Committee on Governmental Affairs of the United 
States 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 the 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 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 Government. In addition, HUD will be provided access to 
SBA's 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 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.

    Dated: October 19, 1999.
Gloria R. Parker,
Chief Information Officer.
[FR Doc. 99-27837 Filed 10-25-99; 8:45 am]
BILLING CODE 4210-01-P