[Federal Register Volume 70, Number 73 (Monday, April 18, 2005)]
[Notices]
[Pages 20161-20163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-1800]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4922-N-07]


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 (June 19, 1989 at 
54 FR 25818), 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

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(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 on May 
18, 2005, 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: May 18, 2005.

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 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 20410-3000, 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.]
    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 of the House of Representatives, the Committee on Homeland 
Security and 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 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 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. 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

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other in writing to terminate or modify the agreement.

    Dated: April 8, 2005.
Lisa Schlosser,
Chief Information Officer.
[FR Doc. E5-1800 Filed 4-15-05; 8:45 am]
BILLING CODE 4210-27-P