Notice2022-17710
Privacy Act of 1974; System of Records
Primary source
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Published
August 17, 2022
Issuing agencies
Housing and Urban Development Department
Abstract
The Enterprise Income Verification System (EIV) is used to verify program participants/tenants, reported income, identify unreported income sources and/or amounts and identify substantial annual income discrepancies amongst households that receive HUD provided rental assistance through programs administered by HUD's Office of Public and Indian Housing and Office of Housing Multifamily program. Under the Privacy Act of 1974, the Department of Housing and Urban Development, the Office of Public and Indian Housing proposes to update the system of records titled EIV. The EIV System has been modified replacing the Income Discrepancy Report with the Income Validation Tool built on the MicroStrategy platform.
Full Text
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<title>Federal Register, Volume 87 Issue 158 (Wednesday, August 17, 2022)</title>
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[Federal Register Volume 87, Number 158 (Wednesday, August 17, 2022)]
[Notices]
[Pages 50635-50638]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17710]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-7062-N-13]
Privacy Act of 1974; System of Records
AGENCY: Office of Public and Indian Housing and Office of Housing, HUD.
ACTION: Notice of a modified system of records.
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SUMMARY: The Enterprise Income Verification System (EIV) is used to
verify program participants/tenants, reported income, identify
unreported income sources and/or amounts and identify substantial
annual income discrepancies amongst households that receive HUD
provided rental assistance through programs administered by HUD's
Office of Public and Indian Housing and Office of Housing Multifamily
program. Under the Privacy Act of 1974, the Department of Housing and
Urban Development, the Office of Public and Indian Housing proposes to
update the system of records titled EIV. The EIV System has been
modified replacing the Income Discrepancy Report with the Income
Validation Tool built on the MicroStrategy platform.
DATES: This notice shall become valid September 16, 2022.
[[Page 50636]]
ADDRESSES: You may submit comments, identified by docket number and
title, by any of the following methods:
Federal e-Rulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the
instructions provided on that site to submit comments electronically.
Fax: 202-619-8365.
Email: <a href="/cdn-cgi/l/email-protection#bfc8c8c891cfcdd6c9dedcc6ffd7cadb91d8d0c9"><span class="__cf_email__" data-cfemail="0d7a7a7a237d7f647b6c6e744d657869236a627b">[email protected]</span></a>.
Mail: Attention: Privacy Office; LaDonne White, Chief Privacy
Officer; The Executive Secretariat; 451 Seventh Street SW, Room 10139;
Washington, DC 20410-0001.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All comments received will be
posted without change to <a href="http://ww.regulations.gov">http://ww.regulations.gov</a>. including any
personal information provided.
Docket: For access to the docket to read background documents or
comments received go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: LaDonne White; 451 Seventh Street SW,
Room 10139; Washington, DC 20410-0001; telephone number 202-708-3054
(this is not a toll-free number). Individuals who are hearing- or
speech-impaired may access this telephone number via TTY by calling the
Federal Relay Service at 800-877-8339 (this is a toll-free number).
SUPPLEMENTARY INFORMATION: The EIV System is used to verify program
participants/tenants, reported income, identify unreported income
sources and/or amounts and identify substantial annual income
discrepancies amongst households that receive HUD provided rental
assistance through programs administered by HUD's Office of Public and
Indian Housing and Office of Housing's Multifamily Housing Programs.
The EIV System has been modified replacing the Income Discrepancy
Report with the Income Validation Tool built on the MicroStrategy
platform. This change was necessary to address OIG Audit #2014-FO-0004,
Compliance with the Improper Payments and Elimination Recovery Act of
2010, findings and recommendations related to improper payments and the
identification of tenant unreported and/or underreported income during
mandatory reexaminations of family composition and income. The intended
effect of this change is to eliminate false positives within EIV's
Income Discrepancy Report which was estimated at approximately 50% of
all income discrepancies, and to allow HUD to make better decisions for
determination of rental subsidy and the degree of improper payments in
HUD rental subsidy programs. Further, the IVT provides projections of
discrepant income enabling users to analyze in detail, income, wage,
and social security benefit information for a specific household and/or
household member(s), detailing all captured income sources and dates of
employment.
SYSTEM NAME AND NUMBER:
Enterprise Income Verification System, PIH-5.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
EIV data/servers is Stennis Space Center of NASA, John C. Stennis
Space Center, MS 39529-0001.
SYSTEM MANAGER(S):
Rochelle Katz, PIH/EIV System Owner, U.S. Department of Housing,
Office of Public and Indian Housing, 550 12th Street SW, First Floor,
Washington, DC 20410-10001.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Section 453(j) of the Social Security Act as amended, now codified
at 42 U.S.C. 653(j), Section 904 of the Stewart B. McKinney Homeless
Assistance Amendments Act of 1988, as amended, now codified at 42
U.S.C. 3544, The Omnibus Budget Reconciliation Act of 1993 (Budget
Reconciliation Act) 6103(l)(7) of title 26 of the United States Code
(Internal Revenue Code).
PURPOSES OF THE SYSTEM:
The EIV System is a web-based Upfront income verification System
that allows authorized Public Housing Agencies, Multifamily Housing
Owners/Agents, and Contract Administrators to verify program
participants/tenants, reported income, identify unreported income
sources and/or amounts and identify substantial annual income
discrepancies amongst households that receive HUD provided rental
assistance through programs administered by HUD's Office of Public and
Indian Housing and Office of Housing's Multifamily Housing Programs.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Families participating in housing programs administered by HUD's
Office of Public and Indian Housing (current and former participants),
including Tribally Designated Housing Entities, participating in the
public housing program, Section 8 HCV program, Disaster Housing
Assistance Programs and families currently participating in the Office
of Housing, Multifamily Housing Division programs.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records consist of unit address (subsidized property address),
family composition (names, dates of birth and SSNs of Household
Members), financial data such as tenant-reported income to PHAs, O/As,
and C/As, and wage, unemployment compensation, SS and SSI benefit data
obtained from Department of Health and Human Services (HHS) and Social
Security Administration (SSA).
RECORD SOURCE CATEGORIES:
Inventory Management System/Public Housing Information Center,
Tenant Rental Assistance Certification System (IMS/PIC, TRACS), Social
Security Administration and the Department of Health and Human
Services.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
(A) To a congressional office from the record of an individual, in
response to an inquiry from the congressional office made at the
request of that individual.
(B) To appropriate Federal, State, and local governments, or
persons, pursuant to a showing of compelling circumstances affecting
the health or safety or vital interest of an individual or data
subject, including assisting such agencies or organizations in
preventing the exposure to or transmission of a communicable or
quarantinable disease, or to combat other significant public health
threats, if upon such disclosure appropriate notice was transmitted to
the last known address of such individual to identify the health threat
or risk.
(C) To Federal, State, and local agencies, their employees, and
agents for the purpose of conducting computer matching programs as
regulated by the Privacy Act of 1974, as amended (5 U.S.C. 552a).
(D) To Federal agencies, non-Federal entities, their employees, and
agents (including contractors, their agents or employees; employees or
contractors of the agents or designated agents); or contractors, their
employees or agents with whom HUD has a contract, service agreement,
grant, cooperative agreement, or computer matching agreement for the
purpose of: (1) Detection, prevention, and recovery of improper
payments; (2) detection and prevention of fraud, waste, and abuse in
major Federal programs administered by a Federal agency or non-Federal
entity; (3) detection of fraud, waste, and abuse by individuals in
their operations and programs, but only to the extent that the
information shared is necessary and relevant to verify pre-award and
[[Page 50637]]
prepayment requirements prior to the release of Federal funds, prevent
and recover improper payments for services rendered under programs of
HUD or of those Federal agencies and non-Federal entities to which HUD
provides information under this routine use.
(E) To contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the Federal Government when
necessary to accomplish an agency function related to this system of
records. Also, to a recipient who has provided the agency with advance,
adequate written assurance that the record provided from the system of
records will be used solely for statistical research or reporting
purposes. Records under this condition will be disclosed or transferred
in a form that does not identify an individual.
(F) To contractors, grantees, experts, consultants and their
agents, or others performing or working under a contract, service,
grant, or cooperative agreement with HUD, when necessary to accomplish
an agency function related to a system of records. Disclosure
requirements are limited to only those data elements considered
relevant to accomplishing an agency function. Individuals provided
information under these routine use conditions are subject to Privacy
Act requirements and disclosure limitations imposed on the Department.
(G) To contractors, experts and consultants with whom HUD has a
contract, service agreement, or other assignment of the Department,
when necessary to utilize relevant data for the purpose of testing new
technology and systems designed to enhance program operations and
performance.
(H) To appropriate agencies, entities, and persons when (1) HUD
suspects or has confirmed that there has been a breach of the system of
records, (2) HUD has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, [the agency]
(including its information systems, programs, and operations), the
Federal Government, or national security; and (3) the disclosure made
to such agencies, entities, and persons is reasonably necessary to
assist in connection with the HUD's efforts to respond to the suspected
or confirmed breach or to prevent, minimize, or remedy such harm. To
another Federal agency or Federal entity, when HUD determines that
information from this system of records is reasonably necessary to
assist the recipient agency or entity in (1) responding to a suspected
or confirmed breach or (2) preventing, minimizing, or remedying the
risk of harm to individuals, the recipient agency or entity (including
its information systems, programs, and operations), the Federal
Government, or national security, resulting from a suspected or
confirmed breach.
(I) To appropriate Federal, State, local, tribal, or governmental
agencies or multilateral governmental organizations responsible for
investigating or prosecuting the violations of, or for enforcing or
implementing, a statute, rule, regulation, order, or license, where HUD
determines that the information would assist in the enforcement of
civil or criminal laws. To third parties during a law enforcement
investigation, to the extent necessary to obtain information pertinent
to the investigation, provided the disclosure of such information is
appropriate to the proper performance of the official duties of the
officer making the disclosure.
(J) To a court, magistrate, administrative tribunal, or arbitrator
while presenting evidence, including disclosures to opposing counsel or
witnesses during civil discovery, litigation, mediation, or settlement
negotiations; or in connection with criminal law proceedings; or in
response to a subpoena or to a prosecution request when such records to
be released are specifically approved by a court provided order.
(K) To appropriate Federal, State, local, tribal, or governmental
agencies or multilateral governmental organizations responsible for
investigating or prosecuting the violations of, or for enforcing or
implementing, a statute, rule, regulation, order, or license, where HUD
determines that the information would assist in the enforcement of
civil or criminal laws.
(L) To third parties during a law enforcement investigation to the
extent necessary to obtain information pertinent to the investigation,
provided disclosure is appropriate to the proper performance of the
official duties of the officer making the disclosure.
(M) To another agency or to an instrumentality of any governmental
jurisdiction within or under the control of the United States for a
civil or criminal law enforcement activity if the activity is
authorized by law, and if the head of the agency or instrumentality has
made a written request to the agency that maintains the record,
specifying the portion desired and the law enforcement activity for
which the record is sought.
(N) To any component of the Department of Justice or other Federal
agency conducting litigation or in proceedings before any court,
adjudicative, or administrative body, when HUD determines that the use
of such records is relevant and necessary to the litigation and when
any of the following is a party to the litigation or have an interest
in such litigation: (1) HUD, or any component thereof; or (2) any HUD
employee in his or her official capacity; or (3) any HUD employee in
his or her individual capacity where the Department of Justice or
agency conducting the litigation has agreed to represent the employee;
or (4) the United States, or any agency thereof, where HUD determines
that litigation is likely to affect HUD or any of its components.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained in paper and electronic storage media.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by Name, Date of Birth, and/or SSN.
POLICIES AND PRACTICIES FOR RETENTION AND DISPOSAL OF RECORDS:
Destroy one year after System of Records is placed on inactive
list.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
EIV Physical controls include, key cards, security guards and
Identification badges. HUD will secure downloaded reports on HUD secure
SharePoint site. Public Housing Agencies, Multifamily Housing Owners/
Agents, and Contract Administrators must secure downloaded data to a
secure/locked space and/or cabinet. Computer terminals are secured in
controlled areas which are locked when unoccupied. Access to automated
records is limited to authorized personnel who must use a password to
gain access to the system. Administrative controls include methods to
ensure only authorized personnel access to PII. Each EIV user must
first have access to HUD' Web Access Secure Systems. Each EIV User must
be re-certified to use the EIV System every April and October of the
calendar year. EIV Technical controls include, Encryption of Data at
Rest, Firewall, Role-based Access Controls, VPN, Encryption of Data in
Transit, User ID and Password, and PIV Card.
RECORD ACCESS PROCEDURES:
Individuals seeking notification of and access to their records in
this system of records may submit a request in writing to the
Department of Housing and Urban Development, Attn: FOIA Program Office,
451 7th Street SW, Suite
[[Page 50638]]
10139, Washington, DC 20410-0001 or by emailing <a href="/cdn-cgi/l/email-protection#c0a6afa9a180a8b5a4eea7afb6"><span class="__cf_email__" data-cfemail="f690999f97b69e8392d8919980">[email protected]</span></a>.
Individuals must furnish the following information for their records to
be located:
1. Full name.
2. Signature.
3. The reason why the individual believes this system contains
information about him/her.
4. The address to which the information should be sent.
CONTESTING RECORD PROCEDURES:
Same as the Notification Procedures Below.
NOTIFICATION PROCEDURES:
Any person wanting to know whether this system of records contains
information about him or her should contact the System Manager. Such
person should provide his or her full name, position title and office
location at the time the accommodation was requested, and a mailing
address to which a response is to be sent.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
74 FR 45235, September 1, 2009; FR E9-21087, August 31, 2009.
LaDonne White,
Chief Privacy Officer, Office of Administration.
[FR Doc. 2022-17710 Filed 8-16-22; 8:45 am]
BILLING CODE 4210-67-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.