[Federal Register Volume 67, Number 132 (Wednesday, July 10, 2002)]
[Notices]
[Pages 45754-45755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17218]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4456-N-20]


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 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 (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 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 database includes delinquent debt information from the 
Departments of Education, Veterans Affairs, Justice and the United 
States Department of Agriculture. 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 rating 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. 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 30 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 Date: August 9, 2002.

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., Room P8001, Washington, DC 20410, telephone number (202) 708-2374 
or FAX (202) 708-3135. [These are not toll-free numbers.]
    For Further Information from Source Agency Contact: Walter 
Intlekfer, Deputy Director, Small Business Administration, 409 Third 
Street, SW., Suite 8300, Washington, DC 20416, telephone number (202) 
205-7543. [This is not a toll-free number.]

[[Page 45755]]

    Reporting of Matching Program: 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 pursuant to Pub. 
L. 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 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 
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 guaranteed loans. The SBA 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 
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 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 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. 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: July 3, 2002.
Karen S. Jackson,
General Deputy Chief Information Officer.
[FR Doc. 02-17218 Filed 7-9-02; 8:45 am]
BILLING CODE 4210-72-P