[Federal Register Volume 68, Number 235 (Monday, December 8, 2003)]
[Notices]
[Pages 68407-68408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30316]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4456-N-28]


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 
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) Congress 
and the Public,'' HUD is issuing a public notice of its intent to 
conduct a recurring computer matching program with 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 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.

DATES: Effective Date: Computer matching is expected to begin on 
January 7, 2004 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.
    Comment Due Date: January 7, 2004.

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 20410-0500. 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 8 a.m. and 
5 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 
20410-3000, 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 E. Watson, Debt Collection 
Management, Nationwide Central Intake Facility (NCIF), Department of 
Justice, 1110 Boni Font Street, Suite 220, Silver Spring, Maryland, 
20910-3358, telephone number (301) 585-2391. (This is not a toll-free 
number.)
    Reporting of a 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 of the House of Representatives, the Committee on Governmental 
Affairs of the Senate, and OMB.

    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 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.

    Objecives 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

[[Page 68408]]

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 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 26, 2003.
Gloria R. Parker,
Chief Technology Officer.
[FR Doc. 03-30316 Filed 12-5-03; 8:45 am]
BILLING CODE 4210-72-P