[Federal Register: May 30, 2008 (Volume 73, Number 105)]
[Notices]
[Page 31138-31140]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30my08-70]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5130-N-24]
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. Department of Veterans Affairs (VA)
AGENCY: Office of the Chief Information Officer, HUD.
ACTION: Notice of a Computer Matching Program between HUD and VA.
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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 VA to utilize a
computer information system of HUD, the Credit Alert Interactive Voice
Response System (CAIVRS), with VA's debtor files.
[[Page 31139]]
DATES: Effective Date: Computer matching is expected to begin on June
30, 2008, or at least 40 days from the date copies of the signed (by
both agencies' Data Integrity Boards (DIBs)) computer matching
agreement are sent to the Office of Management and Budget (OMB) and
Congress, whichever is later unless comments are received, which will
result in a contrary determination.
Comments Due Date: June 30, 2008.
ADDRESSES: Interested persons are invited to submit comments regarding
this notice to the Rules Docket Clerk, Office of General Counsel,
Department of Housing and Urban Development, 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 From Recipient Agency Contact: Donna
Robinson-Staton, Departmental Privacy Act Officer, Department of
Housing and Urban Development, 451 Seventh Street, SW., Room 2256,
Washington, DC 20410, telephone number (202) 402-8073. [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).
For Further Information From Source Agency Contact: Jorgeana
Williams, Debt Management Center, Department of Veterans Affairs,
Bishop Henry Whipple Federal Building, Room 156E, 1 Federal Drive, Ft.
Snelling, MN 55111-4050, telephone number (612) 970-5703. [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 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.
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 VA is authorized, pursuant to 38 U.S.C.
3710, to determine that any veteran who obtains a VA-guaranteed home
loan poses a satisfactory credit risk. This computer matching will
be conducted pursuant to Public Law 100-503, ``The Computer Matching
and Privacy Protection Act of 1988,'' as amended, and the Office of
Management and Budget (OMB) Circulars A-129 (Managing 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: HUD's primary
objective for continuing the matching program is to permit prescreening
of applicants for Federal Credit Programs, to ensure that applicants
are not delinquent on a Federal loan or have defaulted on a direct or
guaranteed loan. HUD will be provided access to VA's debtor data for
prescreening purposes.
In this computer matching program, each month HUD/CAIVRS receives
limited information on borrowers who have defaulted on loans
administered by participating federal agencies. This information
includes: Social Security Number (SSN) or Employer Identification
Number (EIN), case number, Federal Agency identifying code, and record
type. Participating agencies also provide HUD with a file containing
authorized lenders/business partners. When federal agency personnel or
authorized lenders access CAIVRS, they must enter a user authorization
code followed by either an SSN or EIN (for businesses and non-profits).
Only the following information is returned/displayed:
Yes/No as to whether the holder of that SSN/EIN is in
default on a Federal loan; and
If Yes, then CAIVRS provides to the lender:
Loan case number;
Record type (claim, default, foreclosure, or judgment);
Agency administering the loan program; and
Phone at that agency (to call to clear up the
default)
Confirmation Code associated with the query
By law, processing of applications for Federal Credit benefits
(such as government-insured loans) must be suspended when applicants
are delinquent on Federal debt. Processing may continue only when the
debtor satisfactorily resolves the debt (e.g., pays in full or
renegotiates a new payment plan). To remove a CAIVRS sanction, the
borrower must use the information provided to contact the agency that
reported their SSN or EIN to HUD/CAIVRS.
Records to be Matched: HUD will use records from its systems of
records entitled, 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-57, Single Family
Mortgage Notes. 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 VA will provide HUD with debtor files contained in its system
of records entitled SS-VA26, Loan Guaranty Systems of Records. Central
Accounts Receivable On Line System is a subsidiary of SS-VA26. HUD is
maintaining VA's records only as a ministerial action on behalf of VA,
not as a part of HUD's systems of records. VA's data contain
information on individuals who have defaulted on their guaranteed
loans. The VA will retain ownership and responsibility for their
systems of records that they place with HUD. HUD serves only as a
record location and routine use recipient for VA's data.
Notice Procedures: HUD and the VA 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 VA 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 from HUD's systems of records, 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:
[[Page 31140]]
Former mortgagors and purchasers of HUD-owned properties, 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 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
individual who has claim paid in the last three years on a Title I
loan.
Period of the Match: Matching will begin at least 40 days from the
date copies of the signed (by both agencies DIBS) computer matching
agreements 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. 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: May 22, 2008.
Joseph M. Milazzo,
Acting Chief Information Officer.
[FR Doc. E8-12050 Filed 5-29-08; 8:45 am]
BILLING CODE 4210-67-P