[Federal Register Volume 73, Number 22 (Friday, February 1, 2008)]
[Notices]
[Pages 6198-6200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1697]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5130-N-20]


Privacy Act of 1974; Notice of a Computer Matching Program 
Between the U.S. Department of Housing and Urban Development (HUD) and 
the U.S. Small Business Administration (SBA)

AGENCY: Office of the Chief Information Officer, HUD.

ACTION: Notice of a Computer Matching Program between HUD and the 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,'' 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. HUD has revised the 
``records to be matched'' section of this notice to reflect the new HUD 
Privacy Act Systems of Records involved in the matching program. This 
update does not change the authority and the objectives of the existing 
HUD and SBA matching program.

DATES: Effective Date: The effective date of the matching program shall 
begin March 3, 2008 or at least 40 days from the date copies of the 
signed (by HUD and SBA's Data Integrity Boards (DIBs) computer matching 
agreement are sent to the Office of Management and Budget (OMB) and 
Congress, whichever is later, providing no comments are received which 
would result in a contrary determination.
    Comments Due Date: March 3, 2008.

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

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copying between 8 a.m. and 5 p.m. weekdays at the above address.

FOR FURTHER INFORMATION CONTACT: Contact the ``Recipient Agency'' 
Departmental Privacy Act Officer, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 4156, Washington, DC 20410, 
telephone number (202) 619-9057 or the ``Source Agency'' Chief 
Portfolio Management Division, Small Business Administration, 409 Third 
Street, SW., Suite 8300, Washington, DC 20416, telephone number (202) 
205-7543. [These are not toll-free numbers.] A telecommunication device 
for hearing- and speech-impaired individuals (TTY) is available at 
(800) 877-8339 (Federal Information Relay Service).

SUPPLEMENTARY INFORMATION: HUD's 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 to 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 
concerning 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.

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 November 2000), 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 by the Debt Collection Improvement Act of 1996; 
Section 2653 of Public Law 98-369; the Federal Credit Reform Act of 
1990, as amended; the Federal Debt Collection Procedures Act of 1990, 
the Chief Financial Officers Act of 1990, as amended; Executive Order 
8248; the Cash Management Improvement Act Amendments of 1992; and pre-
existing common law authority to charge interest on debts and to offset 
payments to collect debts administratively.

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 to 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 use records from its systems of records entitled, Single 
Family Insurance System CLAIMS Subsystem (HUD/SFH-02); Single Family 
Default Monitoring System (HUD/SFH-03); Single Family Mortgage Notes 
(HUD/HS-57); and the Debt Collection Asset Management System (HUD/HS-
55). The debtor files for programs involved are included in these 
systems 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 had their partial claim 
subordinate mortgage called due and payable and it has not been repaid 
in full); or who have any outstanding claims paid during the last three 
years on a Title II insured or guaranteed home mortgage loans; or 
individuals who had a claim paid in the last three years on a Title I 
loan.
    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 system of records noted above. 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: HUD records cover former mortgagors and 
purchasers of HUD-owned properties, and home improvement loan debtors 
who are delinquent or in default (at least 90 days delinquent on their 
loans or who have had their partial claim subordinate mortgage called 
due and payable and it has not been paid in full); or who have any 
outstanding claims paid during the last three years on a Title II 
insured or guaranteed home mortgage loans; or individuals who has a 
claim paid in the last three years on a Title I loan. SBA records cover 
former borrowers and purchasers who have defaulted on business loans 
(including disaster business) loan/guarantors that have received 60-day 
notification letters that their obligations may be referred to Treasury 
for offset or cross-servicing.

Period of the Match

    Matching is expected to begin at least 40 days from the date copies 
of the signed (by HUD and SBA's DIBs) computer matching agreement are 
sent

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to Congress and OMB 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: January 18, 2008.
Stanley Buch,
Acting Deputy Chief Information Officer.
 [FR Doc. E8-1697 Filed 1-31-08; 8:45 am]
BILLING CODE 4210-67-P