[Federal Register Volume 75, Number 131 (Friday, July 9, 2010)]
[Notices]
[Pages 39575-39576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16699]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5386-N-06]


Privacy Act of 1974; Notice of a Computer Matching Program 
Between the Department of Housing and Urban Development (HUD) and the 
United States Department of Agriculture (USDA)

AGENCY: Office of the Chief Information Officer, HUD.

ACTION: Notice of a computer matching program between the HUD and the 
USDA.

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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 
(Pub. L. 100-503), and the Office of Management and Budget (OMB) 
Guidelines on the Conduct of Matching Programs (June 19, 1989, 54 FR 
25818), and OMB Bulletin 89-22, ``Instructions on Reporting Computer 
Matching Programs to the OMB, Congress and the Public,'' HUD is issuing 
a public notice of its intent to conduct a recurring computer matching 
program with the USDA to utilize a computer information system of HUD, 
the Credit Alert Interactive Verification Reporting System (CAIVRS), 
with the USDA's debtor files. Additionally, the record to be matched 
section was updated to reflect HUD's new Privacy Act Systems of Records 
involved in the CAIVRS matching program. This update does not change 
the authority and the objectives of the existing HUD and USDA computer 
matching program.

DATES: Effective Date: The effective date of the matching program shall 
begin August 9, 2010 or 40 days from the date copies of the signed (by 
both HUD and USDA's Data Integrity Boards (DIBs)) computer matching 
agreement is sent to both Housing of Congress and the OMB, whichever is 
later, providing no comments are received which will result in a 
contrary determination.
    Comments Due Date: August 9, 2010.

ADDRESSES: Interested persons are invited to submit comments regarding 
this notice to the Rules Docket Clerk, Office of General Counsel, HUD, 
451 Seventh Street, SW., Room 10276, Washington, DC 20410.

[[Page 39576]]

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 the ``Recipient Agency'' contact 
the Departmental Privacy Act Officer, HUD, 451 Seventh Street, SW., 
Room 2256, Washington, DC 20410, telephone number (202) 619-9057. From 
the ``Source Agency'' contact Ava Nickens, Management Analyst, Office 
of the Chief Financial Officer, U.S. Department of Agriculture, 14th 
and Independence Avenue, SW., Washington, DC 20250, telephone number 
(202) 720-2794. (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 data in the CAIVRS database includes 
delinquent debt information from the Department of Education, Veterans 
Affairs, Justice, 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 for HUD or USDA direct or guaranteed loans. Before granting 
a loan, the lending agency and/or the authorized lending institution 
will be able to interrogate the CAIVRS debtor files which contains the 
Social Security Numbers (SSNs) of HUD's delinquent debtors and 
defaulters and defaulted debtor records of the USDA and verify that the 
loan applicant is not in default or delinquent on a 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.

Reporting of a Matching Program

    In accordance with ``The Computer Matching and Privacy Protection 
Act of 1988 (Pub. L. 100-503), as amended, and OMB, Congress and the 
Public;'' copies of this notice and report are being provided to the 
OMB, the Senate Committee on Homeland Security and Governmental 
Affairs, and the House Committee on Oversight and Government Reform.

Authority

    The matching program will be conducted pursuant to ``The Computer 
Matching and Privacy Protection Act of 1988 (Pub. L. 100-503),'' as 
amended, and OMB Circular A-129 (Revised January 1993), Policies for 
Federal Credit Program 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 USDA 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 USDA debtor data for prescreening purposes.

Records To Be Matched

    HUD will use records from its systems of records HUD/SFH-01, Single 
Family Default Monitoring System; HUD/SFH-02, Single Family Insurance 
System CLAIMS Subsystem; HUD/HS-55, Debt Collection Asset Management 
System; and HUD/HS-59, Single Family Mortgage Asset Recovery 
Technology. 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 I insured or guaranteed home mortgage loan. The USDA 
will provide HUD with debtors files contained in its system of records 
entitled, Applicant/Borrower of Grantee File (USDA/FMHA1). HUD is 
maintaining USDA's records only as a ministerial action on behalf of 
USDA, not as a part of HUD's systems of records noted above. USDA's 
data contain information on individuals who have defaulted on their 
guaranteed loans. The USDA 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 USDA's data.

Notice Procedures

    HUD and the USDA 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 USDA 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 
and home improvement loan debtors who are delinquent or default on 
their loans or who have had their partial claim subordinate mortgage 
called due and payable and it has not been repaid in full.

Period of the Match

    Matching is expected to begin at least 40 days from the date copies 
of the signed (by both HUD and USDA's 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, 
which ever 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 1, 2010.
Jerry E. Williams,
Chief Information Officer.
[FR Doc. 2010-16699 Filed 7-8-10; 8:45 am]
BILLING CODE 4210-67-P