[Federal Register Volume 75, Number 212 (Wednesday, November 3, 2010)]
[Notices]
[Pages 67755-67757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27784]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5386-N-11]
Privacy Act of 1974; Notice of a Computer Matching Program
Between the Department of Housing and Urban Development (HUD) and the
United States Small Business Administration (SBA)
AGENCY: Office of the Chief Information Officer, HUD.
ACTION: Notice of a computer matching program between the 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
(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 SBA to
utilize a computer information system of HUD, the Credit Alert
Interactive Verification System (CAIVRS), with the SBA's debtor files.
Additionally, the records 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 SBA computer matching program.
[[Page 67756]]
DATES: Effective Date: The effective date of the matching program shall
begin December 3, 2010 or 40 days from the date copies of the signed
(by both HUD and SBA's Data Integrity Boards (DIBs)) computer matching
agreement is sent to both Houses of Congress and the Office of
Management and Budget (OMB), whichever is later, providing no comments
are received which will result in a contrary determination.
Comments Due Date: December 3, 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.
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 Chief Privacy Officer, HUD, 451 Seventh Street, SW., Room 2256,
Washington, DC 20410, telephone number (202) 402-8076. From the
``Source Agency'' contact Walter Intlekofer, Chief, Portfolio
Management Division, Small Business Administration, 409 Third Street,
Suite 8300, SW., 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 data in the CAIVRS database includes
delinquent debt information from the Department of Education, Veterans
Affairs, Justice, and the Department of Agriculture. 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
SBA direct or guaranteed loans. Before granting a loan, the lending
agency and/or the authorized lending institution will be able to query
the CAIVRS debtor files 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 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 Office of Management and
Budget (OMB), Congress and the Public; copies of this notice and report
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
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). OMB Circulars A-129 is 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); 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. One of the purposes of all executive
departments and agencies--including HUD--is to implement efficient
management practices for Federal credit programs.
Objectives To Be Met by the Matching Program
The matching program will allow SBA and HUD authorized users 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 SBA 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 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 originally published in
the Federal Register on July 17, 2008 (73 FR 41105) and subsequently
amended on June 18, 2010 (75 FR 34755). The SBA will provide HUD with
debtors files contained in its system of records for disaster home
loans entitled Loan Case File (SBA 075), along with delinquent business
(including disaster business) loans/guarantors that have received 60-
day notification letters that their obligations may be referred to
Treasury for offset or cross-servicing. On September 29, 2004, all SBA
systems were republished and renumbered in the Federal Register (69 FR
58598). SBA 075 was re-numbered to SBA 21 Loan System. HUD is
maintaining SBA's records only as a ministerial action on behalf of
SBA, not as a part of HUD's systems of records noted above. SBA's data
contains 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
[[Page 67757]]
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 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: 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 SBA'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: October 28, 2010.
Jerry E. Williams,
Chief Information Officer.
[FR Doc. 2010-27784 Filed 11-2-10; 8:45 am]
BILLING CODE 4210-67-P