[Federal Register Volume 66, Number 110 (Thursday, June 7, 2001)]
[Notices]
[Pages 30742-30744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14403]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4456-N-16]


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 the Department of 
Housing and Urban Development (HUD) and the 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, 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),

[[Page 30743]]

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 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, Veteran 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 defaulter 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 July 9, 
2001 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: July 9, 2001.

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 FURTHER INFORMATION CONTACT:
    From Recipient Agency Contact: Jeanette Smith, Departmental Privacy 
Act Officer, Department of Housing and Urban Development, 451 7th St., 
SW., Room P8001, Washington, DC 20410, telephone number (202) 708-2374. 
(This is not a toll-free number.) A telecommunication device for 
hearing and speech-impaired individuals (TTY) is available at 1-800-
877-8339 (Federal Information Relay Service).
    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 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 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) (3611 of the Federal Debt Collection 
Procedures Act of 1990, Pub. L. 101-647), and Office of Management 
and Budget (OMB) Circulars A-129 (Managing Federal Credit Programs) 
and A-70 (Policies and Guidelines for Federal Credit Programs). One 
of the purposes of all Executive departments and agencies--including 
HUD--is to implement efficient management practices for Federal 
credit programs. OMB Circulars A-129 and A-70 were 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: 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.
    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 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 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 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 a loan applicant's credit 
status with the Federal Government.
    Categories of Records/Individuals Involved: The debtor records 
include these data elements from HUD's systems of records, HUD/Dept-2: 
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, 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, and rehabilitation loan debtors who are delinquent or in default 
on their loans, and individuals or 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 agreements 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

[[Page 30744]]

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: May 31, 2001.
Gloria R. Parker,
Chief Information Officer.
[FR Doc. 01-14403 Filed 6-6-01; 8:45 am]
BILLING CODE 4210-72-P