| Publication Date: February 2003 FRPart: |
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| RegPartsAffected: |
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Page Numbers: 8920-8921
Summary: Notice of a computer matching program between the Department of Housing and Urban Development (HUD) and the Department of Education.
Posted on 02-27-2003
[Federal Register: February 26, 2003 (Volume 68, Number 38)]
[Notices]
[Page 8920-8921]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26fe03-71]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-4456-N-24]
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 the Department of
Housing and Urban Development (HUD) and the Department of Education.
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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 (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,'' HUD is issuing a public notice of its intent
to conduct a recurring computer matching program with the Department of
Education to utilize a computer information system of HUD, the Credit
Alert Interactive Voice Response System (CAIVRS), with the Department
of Education's debtor files. This match will allow prescreening of
applicants for loans issued by or 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 the Department of
Education for 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 file
which contains delinquent debt information from the Departments of
Agriculture, Education, Veteran Affairs, the Small Business
administration and judgment lien data from the Department of Justice,
and verify that the applicant is not in default on a Federal judgment
or delinquent on direct or guaranteed loans of participating Federal
agencies. This match will allow prescreening of applicants for loans
issued by or guaranteed by the Federal government to ascertain if the
applicant is delinquent in paying a debt owed to or insured by the
Federal government.
Authorized users do a prescreening of CAIVRS to determine a loan
applicant's credit status with the Federal government. 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 March
28, 2003, 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: March 28, 2003.
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 copying between 7:30 a.m. and 5:30 p.m. weekdays at the
above address.
FOR FURTHER INFORMATION 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 1-800-877-8339 (Federal Information Relay
Service). (This is a toll-free number).
FOR FURTHER INFORMATION FROM SOURCE AGENCY CONTACT: Kathryn Griffin,
Management Analyst, Collections, Federal Student Aid, Department of
Education, Union Center Plaza, 830 First Street, NE., Room 41D2,
Washington, DC 20202-5320, telephone number (202) 377-3252. (This is
not a toll-free number.)
Reporting: In accordance with Public Law 100-503, the Computer
Matching and Privacy Protection Act of 1988, as amended, and OMB
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: HUD has authority to collect and review mortgage data
pursuant to the National Housing Act, as amended, 12 U.S.C 1701 et
seq., and related laws. The Department of Education oversees and
manages Federal student aid programs pursuant to the Higher Education
Act of 1965, as amended, 20 U.S.C. 1001 et seq. This computer matching
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) 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 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 (Pub. L. 97-365), as amended by the Debt Collection Improvement
Act of 1996 (Pub. L. 104-134, section 31001); and the Deficit Reduction
Act of 1984, as amended.
Objectives to be Met by the Matching Program: The matching program
will allow the Department of Education access to a system that permits
prescreening of applicants for loans issued by 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 the Department of Education's 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
insured or guaranteed home mortgage loans under title II of the
National Housing Act; or individuals who have had a claim paid in the
last three years on a loan under title I of the National Housing Act.
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 Department of Education will provide HUD with debtor files
contained in its system of records
[[Page 8921]]
(Higher Education Act, Title IV Program File, 18-40-0024). HUD is
maintaining the Department of Education's records only as a ministerial
action on behalf of the Department of Education, not as part of HUD's
HUD/DEPT-2 system of records. The Department of Education's data
contain information on individuals who have defaulted on their
guaranteed loans. The Department of Education 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 the
Department of Education's data.
Notice Procedures: HUD and the Department of Education have
separate notification procedures. When the Federal credit being sought
is a HUD/FHA mortgage, HUD will notify individuals at the time of
application (ensuring that routine use appears on the application
form). The Department of Education will notify individuals at the time
of application for Federal student loan programs that their records
will be matched to determine whether they are delinquent or in default
on a Federal debt. HUD and the Department of Education 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, the Department of
Education's Regional Office Code, Collection Agency Code, 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 will 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.
Dated: February 11, 2003.
Gloria R. Parker,
Chief Technology Officer.
[FR Doc. 03-4445 Filed 2-25-03; 8:45 am]
BILLING CODE 4210-72-P