[Federal Register Volume 76, Number 128 (Tuesday, July 5, 2011)]
[Notices]
[Pages 39119-39120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16767]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5478-N-03]


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 Education (ED)

AGENCY: Office of the Chief Information Officer, HUD.

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

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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 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 the ED to utilize 
a computer information system of HUD, the Credit Alert Interactive 
Verification Reporting System (CAIVRS), with ED's debtor files.

DATES: Effective Date: The effective date of this agreement, and the 
date the match may begin is the later of the following dates: 40 days 
after HUD files a report of the subject matching program with the 
Committee on Oversight and 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's (OMB), 
Office of Information and Regulatory Affairs; or 30 days after HUD 
publishes notice of the computer matching program in the Federal 
Register, unless changes to the matching program are required due to 
public comments or by Congressional or by Office of Management and 
Budget objections. Any public comment must be received before the 
effective comment due date.
    Comments Due Date: August 4, 2011.

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. 
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: For Privacy Act inquires contact Donna 
Robinson-Staton, Chief Privacy Officer, Department of Housing and Urban 
Development, Office of the Chief Information Officer, 451 Seventh 
Street, SW., Room 2256, Washington, DC 20410, telephone number (202) 
402-8073. For program related information from the ``Recipient Agency'' 
contact Debbie A. Agosto, Management Analyst, Department of Housing and 
Urban Development Office of Housing, Single Family Home Mortgage 
Insurance Division, 451 Seventh Street, SW., Room 9266, Washington, DC 
20410, telephone number (202) 402-4312. For program related information 
from the ``Source Agency'' contact Cynthia M. Hill, Management and 
Program Analyst, U.S. Department of Education, Federal Student Aid 
Contracts Oversight Division, 830 First Street, NE., Room 61F1-UCP, 
Washington, DC 20202, telephone number (202) 377-3267. (These are not 
toll free telephone numbers). A telecommunications 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, Department of Justice, and the Small Business Administration. 
The data received from the participating agencies 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 
ED 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 ED 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. Copies of this notice are being 
provided to the Office of Management and Budget (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 ED access to HUD's Credit Alert 
Verification System which permits

[[Page 39120]]

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.

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 Single Family Default Monitoring System was published 
in the Federal Register on November 20, 2007 (72 FR 65350); the Single 
Family Insurance System CLAIMS Subsystem was published in the Federal 
Register on November 20, 2007 (72 FR 65348); the Debt Collection Asset 
Management was originally published in the Federal Register on June 26, 
2006 (71 FR 36351) and subsequently amended on November 13, 2007 (72 FR 
63919); and the Single Family Mortgage Asset Recovery Technology was 
published in the Federal Register on August 1, 2007 (72 FR 42102) and 
subsequently amended on June 18, 2010 (75 FR 34755). 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. ED will provide HUD with debtors files 
contained in its system of records entitled, ``Title IV Program Files'' 
(18-11-05), originally published in the Federal Register on June 4, 
1999 (64 FR 30163) and subsequently amended on December 27, 1999 (64 FR 
72407). ED records from which the information is compiled are 
maintained in the Student Financial Assistance Collection system of 
records (18-11-07). The ED routine use for this match is published as 
routine use number one in the system of records notice for the Student 
Financial Assistance Collection, which permits disclosures of the 
pertinent information to HUD.

Notice Procedures

    HUD and ED 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 ED 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 ED'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: June 20, 2011.
Kevin R. Cooke,
Deputy Chief Information Officer.
[FR Doc. 2011-16767 Filed 7-1-11; 8:45 am]
BILLING CODE 4210-67-P