Privacy Act of 1974; Notice of a Computer Matching Program Between the U.S. Department of Housing and Urban Development (HUD) and the Department of Justice (DOJ), 8979-8981 [E9-4189]
Download as PDF
Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Notices
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
[Docket ID: FEMA–2009–0001]
Agency Information Collection
Activities: Submission for OMB
Review; Comment Request
AGENCY: Federal Emergency
Management Agency, DHS.
ACTION: Notice; 30-day notice and
request for comments; Revision of a
currently approved collection; OMB No.
1660–0068; FEMA Form 516–1, Federal
Hotel and Motel Fire Safety Declaration
Form.
SUMMARY: The Federal Emergency
Management Agency (FEMA) has
submitted the information collection
abstracted below to the Office of
Management and Budget for review and
clearance in accordance with the
requirements of the Paperwork
Reduction Act of 1995. The submission
describes the nature of the information
collection, the categories of
respondents, the estimated burden (i.e.,
the time, effort and resources used by
respondents to respond) and cost, and
includes the actual data collection
instruments FEMA will use.
DATES: Comments must be submitted on
or before March 30, 2009.
ADDRESSES: Submit written comments
on the proposed information collection
to the Office of Information and
Regulatory Affairs, Office of
Management and Budget. Comments
should be addressed to the Desk Officer
for the Department of Homeland
Security, Federal Emergency
Management Agency, and sent via
electronic mail to
oira.submission@omb.eop.gov or faxed
to (202) 395–6974.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
should be made to Director, Records
Management Division, 500 C Street,
SW., Washington, DC 20472, facsimile
number (202) 646–3347, or e-mail
address FEMA-InformationCollections@dhs.gov.
SUPPLEMENTARY INFORMATION:
rwilkins on PROD1PC63 with NOTICES2
Collection of Information
Title: Federal Hotel and Motel Fire
Safety Declaration Form.
Type of Information Collection:
Revision of a currently approved
collection.
OMB Number: 1660–0068.
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16:39 Feb 26, 2009
Jkt 217001
Form Titles and Numbers: FEMA
Form 516–1, Federal Hotel and Motel
Fire Safety Declaration Form.
Abstract: FEMA will be collecting
information from hotels and motels
regarding the existence of smoke
detectors and sprinkler systems in their
buildings. FEMA is required to maintain
a list of establishments that provide
transient lodging with certification in
place that they meet the requirements of
the Hotel and Motel Fire Safety Act of
1990. This information is used to
provide interested parties with a list of
compliant hotels and motels, and it
certifies that the business can be
utilized by Federal government
employees for work-related lodging.
Affected Public: Business or other
For-Profit, State, local or Tribal
Government.
Estimated Number of Respondents:
2,027. The number of respondents has
been increased since publication of the
60-day Federal Register Notice (see 73
FR 72496, November 28, 2008).
Frequency of Response: Once.
Estimated Average Hour Burden per
Respondent: .24 minutes (.39 hours).
Estimated Total Annual Burden
Hours: 797 hours. The number of
Annual Burden Hours has been
increased since publication of the 60day Federal Register Notice (see 73 FR
72496, November 28, 2008).
Estimated Cost: The estimated
annualized cost to respondents based on
wage rate categories is $19,706.48. The
estimated annualized costs to
respondents based on wage rate
categories has been increased since
publication of the 60-day Federal
Register Notice (see 73 FR 72496,
November 28, 2008). The estimated
annual cost to the Federal Government
is $57,000.
Larry Gray,
Director, Records Management Division,
Office of Management, Federal Emergency
Management Agency, Department of
Homeland Security.
[FR Doc. E9–4215 Filed 2–26–09; 8:45 am]
BILLING CODE 9110–17–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5291–N–01]
Privacy Act of 1974; Notice of a
Computer Matching Program Between
the U.S. Department of Housing and
Urban Development (HUD) and the
Department of Justice (DOJ)
AGENCY: Office of the Chief Information
Officer, HUD.
PO 00000
Frm 00084
Fmt 4703
Sfmt 4703
8979
ACTION: Notice of a Computer Matching
Program Between HUD and the DOJ.
SUMMARY: Pursuant to the Privacy Act of
1974 (5 U.S.C. 552a), as amended by the
Computer Matching and Privacy
Protection Act of 1988, as amended
(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 proposes to issue public
notice of its intent to conduct a new
computer matching program using data
from DOJ’s systems of records. The
matching program will involve the
utilization of a computer information
system of HUD, the Credit Alert
Interactive Verification Reporting
System (CAIVRS), which will include
DOJ’s debtor files. The CAIVRS database
includes delinquent debt information
from the Departments of Agriculture,
Education, Veterans Affairs and the
Small Business Administration. Also,
judgment lien data is included from the
Department of Justice.
FOR FURTHER INFORMATION CONTACT: The
Recipient Agency, Donna RobinsonStaton, Departmental Privacy Act
Officer, Department of Housing and
Urban Development, 451 Seventh Street,
SW., Room 2256, Washington, DC
20410, telephone number (202) 402–
8073 or the Source Agency, Diane E.
Watson, Debt Collection Management,
Nationwide Central Intake Facility
(NCIF), Department of Justice, 1620 L
Street, NW., Washington, DC 20036,
telephone number (301) 427–0077.
(These are not toll-free numbers.) A
telecommunication device for hearingand speech-impaired individuals TTY is
available at 1–800–877–8339 (Federal
Information Relay Service).
DATES: Effective Date: The effective date
of the matching program shall begin
March 30, 2009 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 both Houses of Congress,
whichever is later, providing no
comments are received which would
result in a contrary determination.
Comments Due Date: March 30, 2009.
SUPPLEMENTARY INFORMATION: This
notice supersedes notice published in
the Federal Register on April 5, 2006 at
71 FR 17129. This match will allow
prescreening of applicants for debts
owed or loans guaranteed by the federal
government to ascertain if the applicant
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27FEN1
8980
Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Notices
is delinquent in paying a debt owed to
or insured by the federal government.
Before granting a loan, a lending agency
and/or an authorized lending institution
will be able to interrogate the CAIVRS
debtor file, which contains the Social
Security Numbers (SSNs) of HUD’s
delinquent debtors and defaulter files of
the DOJ and verify that the loan
applicant is not in default on a federal
judgment or delinquent on direct or
guaranteed loans of participating federal
programs. As a result of the information
produced by this match, the authorized
users may not deny, terminate, or make
a final decision on 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.
rwilkins on PROD1PC63 with NOTICES2
Reporting of Matching Program
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 Homeland Security and
Governmental Affairs of the Senate, and
the Office of Management and Budget.
Authority: The matching program will be
conducted under the authority of 28 U.S.C.
2301(e) (3611 of the Federal Debt Collection
Procedures Act of 1990, Pub. L. 101–647),
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—including HUD—is to implement
efficient management practices for federal
credit programs. OMB Circular 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; 5 U.S.C. 5514(a)), as
amended by the Debt Collection
Improvement Act of 1996 (Pub. L. 104–134,
section 31001); Section 2653 of Public Law
98–369; 41 U.S.C. 253; 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 in
continuing the existing matching
program is to give program agencies and
VerDate Nov<24>2008
16:39 Feb 26, 2009
Jkt 217001
their authorized financial institutions
access to a system which allows them to
prescreen applicants for loans or loans
guaranteed by the Federal government
to ascertain if the applicant is
delinquent in paying a debt owed to or
insured by the Government. By
identifying those individuals or
corporations against whom the DOJ has
filed a judgment, the federal government
can expand the prescreening search of
their loan applicants to further avoid
lending to applicants who are credit
risks. As part of this process, HUD will
be provided access to DOJ’s debtor data
for prescreening purposes. 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. Participating Federal agency
personnel or authorized lenders that
require access to CAIVRS, 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 to the
authorized users of CAIVRS:
• 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;
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
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 DOJ will provide
HUD with debtor files maintained in
two DOJ systems of records. The first is
entitled ‘‘Justice/JMD–006, Debt
Collection Management System and the
second is entitled ‘‘Justice/USA–015,
Debt Collection Enforcement System.
The DOJ debtor files contain
information on individuals or
corporations against who have defaulted
on federal judgments. The DOJ 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
DOJ’s data.
Notice Procedures: HUD 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 DOJ 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
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,
and financial judgment liens. Categories
of individuals include: former
mortgagors and purchasers of HUDowned properties, and 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 it
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
individuals who has a claim paid in the
last three years on a Title I loan, and
E:\FR\FM\27FEN1.SGM
27FEN1
Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Notices
individuals or corporations against
whom judgments have been filed by
DOJ.
Period of Match: Matching will begin
at least 40 days from the date copies of
the signed (by both agencies Data
Integrity Boards) computer matching
agreements are sent to OMB and 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.
FOR FURTHER INFORMATION CONTACT:
Susan Jacobsen, Chief, Endangered
Species Division, P.O. Box 1306,
Albuquerque, New Mexico 87103, (505)
248–6920.
SUPPLEMENTARY INFORMATION:
Dated: February 6, 2009.
Lynn Allen,
Acting Chief Information Officer.
[FR Doc. E9–4189 Filed 2–26–09; 8:45 am]
Permit TE–157587
Applicant: Southwestern Ecological
Research Company, Tucson, Arizona.
Applicant requests an amendment to
a current permit for research and
recovery purposes to conduct presence/
absence surveys of the following
species: razorback sucker (Xyracuchen
texanus) within Texas.
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Public Availability of Comments
Before including your address, phone
number, e-mail address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
rwilkins on PROD1PC63 with NOTICES2
Fish and Wildlife Service
Permit TE–205717
Applicant: Valerie Collins, San
[FWS–R2–ES–2009–N0038; 20124–1113–
Antonio, Texas.
0000-F5]
Applicant requests a new permit for
research and recovery purposes to
Endangered and Threatened Species
conduct presence/absence surveys of
Permit Applications
the following species: ocelot (Leopardis
AGENCY: Fish and Wildlife Service,
(=Felis) pardalis), jaguarundi (Felis
Interior.
Yagouaroundi), Attwater’s greater
ACTION: Notice of receipt of applications. prairie-chicken (Tympanuchus cupido
attwateri), golden-cheeked warbler
SUMMARY: The following applicants have
(Dendroica chrysoparia) and blackapplied for scientific research permits to capped vireo (Vireo atricapillus),
conduct certain activities with
northern aplomado falcon (Falco
endangered species under the
femoralis septentrionalis), brown
Endangered Species Act of 1973, as
pelican (Pelecanus occidentalis),
amended (Act).
interior least tern (Sterna antillarum),
DATES: To ensure consideration, written
red-cockaded woodpecker (Picoides ( =
comments must be received on or before Denrocopos) borealis), Houston toad
March 30, 2009.
(Bufo houstonensis), San Marcos
gambusia (Gambusia georgei), fountain
ADDRESSES: Written comments should
darter (Etheostoma fonticola) Peck’s
be submitted to the Chief, Endangered
Cave amphipod (Stygobromus peckii),
Species Division, Ecological Services,
Comal Spring dryopid beetle
P.O. Box 1306, Room 6034,
(Stygoparnus comalensis), Coffin Cave
Albuquerque, New Mexico 87103.
mold beetle (Batrisodes texanus),
Documents and other information
Helotes mold beetle (Batrisodes
submitted with these applications are
venyivi), Comal Springs riffle beetle
available for review, subject to the
(Heterelmis comalensis), ground beetle
requirements of the Privacy Act and
Freedom of Information Act. Documents (Rhadine exilis), ground beetle (Rhadine
infernalis), Tooth Cave ground beetle
will be available for public inspection,
(Rhadine persephone), Robber Baron
by appointment only, during normal
Cave meshweaver (Cicurina baronia),
business hours at the U.S. Fish and
Madla Cave meshweaver (Cicurina
Wildlife Service, 500 Gold Ave. SW.,
Room 6034, Albuquerque, New Mexico. venii), Braken Bat Cave mesheweaver
(Cicurina venii), Government Canyon
Please refer to the respective permit
Bat Cave meshweaver (Cicurina
number for each application when
vespera), Government Canyon Bat Cave
submitting comments.
VerDate Nov<24>2008
16:39 Feb 26, 2009
Jkt 217001
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
8981
spider (Neoleptoneta microps), Tooth
Cave spider (Neoleptoneta myopica)
and Texas trailing phlox (Phlox nivalis
texensis) within Texas.
Permit TE–205731
Applicant: Kevin Brix, Miami,
Florida.
Applicant requests a new permit for
research and recovery purposes to
captively breed and conduct scientific
research of desert pupfish (Cyprinodon
macularius) at the University of Miami,
Florida.
Permit TE–205904
Applicant: Heritage Environmental
Consultants, Denver, Colorado.
Applicant requests a new permit for
research and recovery purposes to
conduct presence/absence surveys of
the following species: southwestern
willow flycatcher (Empidonax taillii
extimus), Yuma clapper rail (Rallus
longirostris yumanensis), and blackfooted ferret (Mustela nigripes) within
Colorado, Utah, Arizona, New Mexico,
Nevada, California, Nebraska, and
Kansas.
Permit TE–206016
Applicant: Andrew Middick,
Edmond, Oklahoma.
Applicant requests a new permit for
research and recovery purposes to
conduct presence/absence surveys of
American burying beetles (Nicophorus
americanus) within Oklahoma,
Nebraska, Arkansas, and Kansas.
Permit TE–800900
Applicant: Lower Colorado River
Authority, Austin, Texas.
Applicant requests an amendment to
a current permit for research and
recovery purposes to conduct presence/
absence surveys of northern aplomado
falcon (Falco femoralis septentrionalis),
southwestern willow flycatcher
(Empidonax taillii extimus), and interior
least tern (Sterna antillarum) within
Texas.
Authority: 16 U.S.C. 1531 et seq.
Dated: February 19, 2009.
Thomas Bauer,
Acting Regional Director, Southwest Region,
Fish and Wildlife Service.
[FR Doc. E9–4211 Filed 2–26–09; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Tribal Reassumption of Jurisdiction
Over Child Custody Proceedings
AGENCY: Bureau of Indian Affairs,
Interior.
E:\FR\FM\27FEN1.SGM
27FEN1
Agencies
[Federal Register Volume 74, Number 38 (Friday, February 27, 2009)]
[Notices]
[Pages 8979-8981]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4189]
=======================================================================
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5291-N-01]
Privacy Act of 1974; Notice of a Computer Matching Program
Between the U.S. Department of Housing and Urban Development (HUD) and
the Department of Justice (DOJ)
AGENCY: Office of the Chief Information Officer, HUD.
ACTION: Notice of a Computer Matching Program Between HUD and the DOJ.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), as
amended by the Computer Matching and Privacy Protection Act of 1988, as
amended (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 proposes to issue public notice
of its intent to conduct a new computer matching program using data
from DOJ's systems of records. The matching program will involve the
utilization of a computer information system of HUD, the Credit Alert
Interactive Verification Reporting System (CAIVRS), which will include
DOJ's debtor files. The CAIVRS database includes delinquent debt
information from the Departments of Agriculture, Education, Veterans
Affairs and the Small Business Administration. Also, judgment lien data
is included from the Department of Justice.
FOR FURTHER INFORMATION CONTACT: The Recipient Agency, 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 or the Source Agency, Diane E.
Watson, Debt Collection Management, Nationwide Central Intake Facility
(NCIF), Department of Justice, 1620 L Street, NW., Washington, DC
20036, telephone number (301) 427-0077. (These are not toll-free
numbers.) A telecommunication device for hearing- and speech-impaired
individuals TTY is available at 1-800-877-8339 (Federal Information
Relay Service).
DATES: Effective Date: The effective date of the matching program shall
begin March 30, 2009 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 both Houses of Congress, whichever is later, providing no
comments are received which would result in a contrary determination.
Comments Due Date: March 30, 2009.
SUPPLEMENTARY INFORMATION: This notice supersedes notice published in
the Federal Register on April 5, 2006 at 71 FR 17129. This match will
allow prescreening of applicants for debts owed or loans guaranteed by
the federal government to ascertain if the applicant
[[Page 8980]]
is delinquent in paying a debt owed to or insured by the federal
government. Before granting a loan, a lending agency and/or an
authorized lending institution will be able to interrogate the CAIVRS
debtor file, which contains the Social Security Numbers (SSNs) of HUD's
delinquent debtors and defaulter files of the DOJ and verify that the
loan applicant is not in default on a federal judgment or delinquent on
direct or guaranteed loans of participating federal programs. As a
result of the information produced by this match, the authorized users
may not deny, terminate, or make a final decision on 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 Matching Program
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 Homeland
Security and Governmental Affairs of the Senate, and the Office of
Management and Budget.
Authority: The matching program will be conducted under the
authority of 28 U.S.C. 2301(e) (3611 of the Federal Debt Collection
Procedures Act of 1990, Pub. L. 101-647), 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--including
HUD--is to implement efficient management practices for federal
credit programs. OMB Circular 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; 5 U.S.C. 5514(a)), as amended by the Debt
Collection Improvement Act of 1996 (Pub. L. 104-134, section 31001);
Section 2653 of Public Law 98-369; 41 U.S.C. 253; 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 in continuing the existing matching program is to give
program agencies and their authorized financial institutions access to
a system which allows them to prescreen applicants for loans or loans
guaranteed by the Federal government to ascertain if the applicant is
delinquent in paying a debt owed to or insured by the Government. By
identifying those individuals or corporations against whom the DOJ has
filed a judgment, the federal government can expand the prescreening
search of their loan applicants to further avoid lending to applicants
who are credit risks. As part of this process, HUD will be provided
access to DOJ's debtor data for prescreening purposes. 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. Participating Federal agency
personnel or authorized lenders that require access to CAIVRS, 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 to the authorized users of CAIVRS:
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 DOJ will provide HUD with debtor files maintained in two DOJ
systems of records. The first is entitled ``Justice/JMD-006, Debt
Collection Management System and the second is entitled ``Justice/USA-
015, Debt Collection Enforcement System. The DOJ debtor files contain
information on individuals or corporations against who have defaulted
on federal judgments. The DOJ 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 DOJ's data.
Notice Procedures: HUD 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 DOJ 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 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, and
financial judgment liens. Categories of individuals include: former
mortgagors and purchasers of HUD-owned properties, and 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 it 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
individuals who has a claim paid in the last three years on a Title I
loan, and
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individuals or corporations against whom judgments have been filed by
DOJ.
Period of Match: Matching will begin at least 40 days from the date
copies of the signed (by both agencies Data Integrity Boards) computer
matching agreements are sent to OMB and 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: February 6, 2009.
Lynn Allen,
Acting Chief Information Officer.
[FR Doc. E9-4189 Filed 2-26-09; 8:45 am]
BILLING CODE 4210-67-P