[Federal Register Volume 71, Number 65 (Wednesday, April 5, 2006)]
[Notices]
[Pages 17129-17130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4886]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4922-N-12]


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, (Public Law 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 recurring 
computer matching program with the Department of Justice (DOJ) to 
utilize a computer information system of HUD, the Credit Alert 
Interactive Verification Reporting System (CAIVRS), with DOJ's debtor 
files. The CAIVRS database includes delinquent debt information from 
the Departments of Agriculture, Education, Veteran Affairs and the 
Small Business Administration. Also, judgment lien data is included 
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. 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 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 May 5, 
2006 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 5, 2006.

ADDRESSES: Interested persons are invited to submit comments regarding 
this notice to the Department of Housing and Urban Development, Rules 
Docket Clerk, Office of General Counsel, 451 Seventh Street, SW., Room 
10276, 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 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, 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 800-877-8339 (Federal Information 
Relay Service).
    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 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

[[Page 17130]]

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: March 23, 2006.
Lisa Schlosser,
Chief Information Officer.
 [FR Doc. E6-4886 Filed 4-4-06; 8:45 am]
BILLING CODE 4210-67-P