Privacy Act of 1974; Amendment to an Existing System of Records, Enterprise Income Verification (EIV), HUD/PIH-5, 45235-45240 [E9-21087]
Download as PDF
Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Notices
Chander AZ 85225
Landholding Agency: GSA
Property Number: 54200920001
Status: Surplus
GSA Number: 9–I–AZ–0850
Comments: Approx. 34,183 sq. ft., ranges
from 10–20 ft. wide, very long and narrow.
California
Tract 1607
Lake Sonoma
Rockpile Rd.
Geyserville CA 85746
Landholding Agency: GSA
Property Number: 54200840011
Status: Surplus
GSA Number: 9–GR–CA–1504
Comments: Approx. 139 acres, northern
portion not accessible because of steep
slopes, rare manzanita species.
Unsuitable Properties
Connecticut
MYQ Outer Marker Facility
Enfield CT 06082
Landholding Agency: GSA
Property Number: 54200920004
Status: Surplus
GSA Number: 1–U–CT–0561–1A
Comments: 0.341 acres, only accessible via
right of way easement.
Massachusetts
FAA Site
Massasoit Bridge Rd.
Nantucket MA 02554
Landholding Agency: GSA
Property Number: 54200830026
Status: Surplus
GSA Number: MA–0895
Comments: Approx 92 acres, entire parcel
within MA Division of Fisheries & Wildlife
Natural Heritage & Endangered Species
Program.
FAA Locator Antenna LOM
Coleman Road
Southhampton MA 01073
Landholding Agency: GSA
Property Number: 54200920005
Status: Excess
GSA Number: MA–0913–AA
Comments: 1.41 acres.
mstockstill on DSKH9S0YB1PROD with NOTICES
Michigan
Former Elf Comm. Facility
3041 County Road
Republic MI 49879
Landholding Agency: GSA
Property Number: 54200840012
Status: Excess
GSA Number: 1–N–MI–0827
Comments: 6.69 acres w/transmiter bldg,
support bldg., gatehouse, endangered
species.
Oregon
20 acres
Cow Hollow Park
Nyssa OR 97913
Landholding Agency: GSA
Property Number: 54200820007
Status: Excess
GSA Number: 9–I–OR–769
Comments: 20 acres w/shower/restroom,
eligible for listing on Historic Register.
Pennsylvania
Approx. 16.88
VerDate Nov<24>2008
19:53 Aug 31, 2009
Jkt 217001
271 Sterrettania Rd.
Erie PA 16506
Landholding Agency: GSA
Property Number: 54200820011
Status: Surplus
GSA Number: 4–D–PA–0810
Comments: Vacant land.
Texas
FAA Outer Marker 18 R/L VYN
1420 Lakeside Pkwy
Flower Mound TX 75028
Landholding Agency: GSA
Property Number: 54200820017
Status: Surplus
GSA Number: 7–U–TX–1090
Comments: 1.428 acres, radar facility,
published incorrectly on 8/15/08 as
available.
Building
California
Tract 114–04
Santa Monica NRA
Agoura CA 91301
Landholding Agency: Interior
Property Number: 61200930007
Status: Unutilized
Reasons: Extensive deterioration.
Trailers 4, 5, 6, 7, 9, 11, 12
National Park
Death Valley CA 92328
Landholding Agency: Interior
Property Number: 61200930008
Status: Unutilized
Reasons: Extensive deterioration.
Connecticut
Boathouse
USCG Academy
New London CT 06320
Landholding Agency: Coast Guard
Property Number: 88200930001
Status: Unutilized
Reasons: Secured Area, Extensive
deterioration.
Florida
Tracts 105–45, 107–04
Timucuan Eco & Historic Preservation
Jacksonville FL
Landholding Agency: Interior
Property Number: 61200930009
Status: Excess
Reasons: Extensive deterioration.
Maine
3 Bldgs.
Acadia National Park
Hancock ME
Landholding Agency: Interior
Property Number: 61200930006
Status: Unutilized
Directions: 82390, 101723, 101724
Reasons: Extensive deterioration.
New York
Bldg. 53–A
Naval Support Unit
Saratoga Springs NY 12866
Landholding Agency: Navy
Property Number: 77200930013
Status: Excess
Reasons: Secured Area.
Tennessee
Bldg. 35801000
PO 00000
Frm 00077
Fmt 4703
Sfmt 4703
45235
Fort Donelson National Battlefield
Dover TN 37058
Landholding Agency: Interior
Property Number: 61200930010
Status: Unutilized
Reasons: Extensive deterioration.
Texas
Excell Helium Plant
Masterson TX 79058
Landholding Agency: GSA
Property Number: 54200930006
Status: Surplus
GSA Number: 7–D–TX–772
Reasons: Extensive deterioration.
Bldgs. HB046, 0074
LBJ Natl Historic Park
Stonewall TX 78671
Landholding Agency: Interior
Property Number: 61200930011
Status: Excess
Reasons: Extensive deterioration.
Tracts 01–101, 01–104
LBJ Natl Historic Park
Johnson City TX 78636
Landholding Agency: Interior
Property Number: 61200930012
Status: Unutilized
Reasons: Extensive deterioration.
Land
Florida
Encroachment #34
Gulf Intracoastal Waterway
Perdido Key FL
Landholding Agency: GSA
Property Number: 54200920016
Status: Excess
GSA Number: 4–D–FL–1223–AC
Reasons: Floodway, Not accessible by road.
[FR Doc. E9–21075 Filed 8–31–09; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5291–N–04]
Privacy Act of 1974; Amendment to an
Existing System of Records,
Enterprise Income Verification (EIV),
HUD/PIH–5
AGENCY: Office of the Chief Information
Officer, HUD.
ACTION: Notification of an amendment to
an existing System of Records,
Enterprise Income Verification (EIV),
HUD/PIH–5.
SUMMARY: HUD is amending HUD/PIH–
5 to reflect changes in the following
sections, which impact participants and
program administrators of the Public
Housing, Disaster Housing Assistance,
Housing Choice Voucher (HCV), Section
8 Moderate Rehabilitation programs;
and the various rental assistance
programs for the Office of Housing:
Categories of Individuals Covered by the
System, Categories of Records in the
System, Purposes of the System, and
E:\FR\FM\01SEN1.SGM
01SEN1
mstockstill on DSKH9S0YB1PROD with NOTICES
45236
Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Notices
Routine Uses of Records Maintained in
the System, Including Categories of
Users and Purposes of Such Users.
These sections are revised to reflect the
present status of the information
contained in the system. A more
detailed description of the present
system is contained in the
Supplemental Information section.
DATES: Effective Date: This proposal
shall become effective, without further
notice, October 1, 2009, unless
comments are received during or before
this period which would result in a
contrary determination.
Comments Due Date: October 1, 2009.
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 20410–0500.
Communications should refer to the
above docket number and title.
Facsimile (FAX) comments are not
acceptable. 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: For
the Departmental Privacy Act Officer
contact Donna Robinson-Staton,
telephone number (202) 402–8073.
Regarding records maintained in
Washington, DC, for the Office of Public
and Indian Housing (PIH), contact
Nicole Faison, Office of Public Housing
and Voucher Programs (OPHVP), Rental
Housing Integrity Improvement Project
(RHIIP) Manager and PIH EIV System
Owner, telephone number (202) 402–
4267; or David Sandler, EIV System
Project Manager, telephone number
(202) 475–8941. For the Office of
Housing, contact Gail Williamson,
Director of the Housing Assistance
Policy Division, telephone number (202)
402–2473. [The above are not toll free
numbers.] A telecommunications device
for hearing-and speech-impaired
persons (TTY) is available at (800) 877–
8339 (Federal Information Relay
Services). (This is a toll-free number.)
SUPPLEMENTARY INFORMATION: EIV
currently supports public housing
agencies (PHAs) that administer Public
Housing, and Section 8 tenant-based
rental assistance programs, and will in
the near future, support PHAs that
administer the Disaster Housing
Assistance Program (DHAP); and private
owners and management agents (O/ASs)
who administer rental assistance
programs for the Office of Housing
(Housing) and contract administrators
(CAs) under contract with HUD. EIV
VerDate Nov<24>2008
17:18 Aug 31, 2009
Jkt 217001
will contain income data for public
housing, Section 8, and multifamily
housing program participants, enabling
program administrators to verify
participant-reported income and
identify households that may have
under reported their household’s annual
income.
HUD developed the EIV system to
reduce subsidy payment errors as a
result of tenant under reporting of
income to ensure that limited Federal
resources serve as many eligible families
as possible. EIV will facilitate more
timely and accurate verification of
tenant-reported income at the time of
mandatory annual and interim
reexamination of household income.
EIV will contain personal identifying
information from HUD’s Inventory
Management System (IMS) formerly
Public and Indian Housing Information
Center (PIC) and Disaster Information
System (DIS) within IMS; and HUD’s
Office of Housing’s Tenant Rental
Assistance Certification System
(TRACS), such as Head of Households
and household members’ name, date of
birth and Social Security Number (SSN),
unit address, program information, and
household income details as reported by
the participant to the program
administrator. These personal
identifying data are extracted from IMS,
DIS, and TRACS and imported into EIV.
The system also contains household
member(s) income details as reported by
State and Federal agencies. HUD obtains
income details through computer
matching programs with the Department
of Health and Human Services (HHS)
and Social Security Administration
(SSA).
On March 11, 2009, Section 239 of
HUD’s 2009 Appropriations Act
modified Section 904 of the Stewart B.
McKinney Act of 1988, as amended, to
include the Disaster Housing Assistance
Program (DHAP) as a ‘‘program’’ of HUD
for the purpose of income verifications
and computer matching. Computer
matching for participants of the Disaster
Housing Assistance Program is expected
to begin no sooner than October 1, 2009,
unless comments are received which
result in a contrary determination, or 40
days from the date a modified computer
matching agreement is signed by HUD,
SSA and HHS, whichever is later. As
such, pursuant to the Computer
Matching and Privacy Protection Act
(CMPPA) of 1988, as amended, HUD is
providing the public with notice of a
modified computer matching program
with HHS and SSA (as previously
published at 73 FR 10046 and 74
FR10605, respectively), to include
participants of DHAP administered by
local PHAs.
PO 00000
Frm 00078
Fmt 4703
Sfmt 4703
Effective September 14, 2009, PHAs
will have the ability to enter the
following information into EIV:
1. Amount of debt owed by a former
tenant to a PHA;
2. If applicable, indication of executed
repayment agreement;
3. If applicable, indication of
bankruptcy filing;
4. If applicable, the reason for any
adverse termination of the family from
a Federally assisted housing program.
This information will be used by HUD
to create a national repository of
families that owe a debt to a PHA and/
or have been terminated from a
Federally assisted housing program.
This national repository will be
available within the EIV system for all
PHAs to access during the time of
application for rental assistance. PHAs
will be able to access this information
to determine a family’s suitability for
rental assistance, and avoid providing
limited Federal housing assistance to
families who either: (1) Owe a debt to
a PHA; or (2) have previously been
unable to comply with HUD program
requirements.
System Security Measures: The
integrity and availability of data in EIV
is important. Much of the data needs to
be protected from unanticipated or
unintentional modification. HUD
restricts the use of this information to
HUD approved officials, program
administrators such as PHAs and
O/ASs, and CAs under contract with
HUD; thus, the data is protected
accordingly.
Vulnerabilities and corresponding
security measures include: (1) Only
persons with Web Access Subsystem
(WASS) User IDs and passwords may
access EIV; (2) access to EIV is
controlled using EIV’s security module,
which controls a user’s access to
particular modules based on the user’s
role and security access level; (3) User
IDs are used to identify access to
sensitive data by users; (4) data
corruption/destruction-PHAs, O/As and
CAs users do not have write access to
databases that contain income
information obtained by HUD from third
parties. HUD users’ write access is
limited to user administration by
authorized personnel. This will
eliminate the risk of data destruction or
corruption. (5) PHA users, as designated
by the PHA’s Executive Director or
designee, will have the ability to enter
debt owed and termination information
of former program participants into EIV.
Designated users have the ability to
update and delete information as
necessary. These designated users will
be assigned a specific role in EIV to
enable the entering of this data. Those
E:\FR\FM\01SEN1.SGM
01SEN1
mstockstill on DSKH9S0YB1PROD with NOTICES
Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Notices
users without the assigned role to enter
data into EIV will be able to only view
information pertaining to families who
owe a debt to a PHA or have been
terminated from a PIH program.
Data Quality: PHAs and O/As submit
management, building, unit, and family
information into IMS and TRACS.
Family information includes the
families’ names, SSNs, and dates of
birth. When a PHA or O/A submits
family data to IMS, or TRACS, the EIV
system will validate each household
member’s identity. HUD will only
transmit to the Department of Health
and Human Services (HHS) for
computer matching those tenant
personal identifiers (i.e., full name,
SSN, and date of birth) of individuals
age 18 and older, that have been
validated by the Social Security
Administration (SSA). If a household
member’s identity cannot be validated,
EIV will (1) flag the household member
record; (2) provide an error message to
the PHA or O/A, informing the PHA or
O/A to verify the household member’s
SSN, name, and/or date of birth; and (3)
request the PHA or O/A to submit a
corrected record (Form HUD–50058 or
Form HUD–50059) into IMS, or TRACS.
EIV will remove the invalidated
household member record from
computer matching request files.
This household member identity
verification feature was established to
help HUD maintain data quality and
integrity and to support one of its
strategic objectives to prevent fraud and
abuse. This identity verification feature
will (1) help confirm that those families
entitled to benefits receive benefits, (2)
ensure that income information is
obtained of only validated individuals,
(3) assist in limiting the duplication of
benefits, and (4) help prevent the false
application for benefits, thereby
ensuring data quality.
Debt owed and termination
information entered by PHAs may be
challenged by the former program
participant. If the PHA determines that
an error has been made in entering the
data, the designated users who have the
ability to enter data into EIV, will
update and delete erroneous
information as necessary.
EIV will receive new hires (W–4),
wage, employment, and unemployment
benefit data from HHS’ National
Directory of New Hires (NDNH)
database; and Social Security (SS) and
Supplemental Security Income (SSI)
benefit data from the Social Security
Administration (SSA). This will allow
PHAs, O/As, CAs to verify the income
of tenants at the time of mandatory
annual and/or interim reexaminations.
VerDate Nov<24>2008
17:18 Aug 31, 2009
Jkt 217001
Pursuant to the Privacy Act of 1974 (5
U.S.C. 552a), as amended, notice is
given that HUD proposes to amend an
existing Privacy System of Records,
Enterprise Income Verification, HUD/
PIH–5.
Title 5 U.S.C. 552a(e)(4) and (11)
provide that the public be afforded a 30day period in which to comment on the
amended record system. The system
report was submitted to the Office of
Management and Budget (OMB), the
Senate Committee on Homeland
Security and Governmental Affairs and
the House Committee on Government
Reform pursuant to paragraph 4c of
Appendix l to OMB Circular No. A–130,
‘‘Federal Agencies Responsibilities for
Maintaining Records About
Individuals,’’ July 25, 1994 (59 FR
37914).
Accordingly, this notice amends
HUD/PIH–5 system of records for the
Office of Public and Indian Housing’s
program administrators and
accompanying routine uses to be
submitted and accessed in the
management of rental assistance
housing programs by the Office of
Public and Indian Housing.
Authority: 5 U.S.C. 552a; 88 Stat. 1896; 42
U.S.C. 3535(d).
HUD/PIH–5
SYSTEM NAME:
Enterprise Income Verification (EIV).
SYSTEM LOCATIONS:
The files are maintained at the
following locations:
1. U.S. Department of Housing and
Urban Development, 451 7th Street,
SW., Washington, DC 20410; and
2. Lockheed Martin Corporation,
located at 4701 Forbes Blvd., Lanham,
MD 20706, will monitor access of any
encrypted files containing social
security and rent information (subject to
the provisions of 26 U.S.C. 6103).
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Families receiving rental housing
assistance (now including Disaster
Housing Assistance) via programs
administered by the Department of
Housing and Urban Development,
Tribally Designated Housing Entities
participating in the Section 8 program,
PHAs and/or O/As and State agencies
and PHAs acting as CAs.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records consist of unit address
(subsidized property address), family
Frm 00079
Fmt 4703
Sfmt 4703
composition, and income data obtained
from PHAs and O/As. The system of
records contains: Identification
information such as names, dates of
birth and SSNs for individuals;
addresses; financial data such as tenantreported income; employment, wage,
and unemployment benefit data
obtained from HHS and SS and SSI
benefit data obtained from the SSA;
annual income discrepancies as a result
of the comparison of tenant-reported
income to actual income as reported by
the HHS and SSA; failed identity
verification report; multiple subsidies
report, which identifies families who
may be receiving multiple rental
assistance in various HUD rental
assistance program; new hires report,
which identifies family members who
have started a new job; deceased tenants
report, which identifies family members
who are deceased. Effective September
2009, PIH’s EIV system will contain the
following new records: Repository of
debts owed to PHAs and adverse
terminations of former program
participants, as reported to HUD by
program administrators; and an
immigration report, which will identify
the immigration status of program
participants as reported by PHAs.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Dated: August 24, 2009.
Jerry E. Williams,
Chief Information Officer.
PO 00000
45237
Pursuant to the Stewart B. McKinney
Homeless Assistance Amendments Act
of 1988, as amended, and Section 303(i)
of the Social Security Act, HUD and
HUD-funded PHAs may request wage
and claim data from State Wage
Information Collection Agencies
(SWICAs), also now known as State
Workforce Agencies (SWAs),
responsible for administering State
unemployment laws.
On October 1, 1994, Section 542(a)(1)
of HUD’s 1998 Appropriation Act,
eliminated a sunset provision to Section
303(i) of the Social Security Act,
effectively making permanent the
authority requiring State agencies to
disclose wage and claim information to
HUD and PHAs. On January 23, 2004,
Section 453(j) of the Social Security Act
(42 U.S.C. 653(j)) was amended to allow
HUD to obtain income information from
the (National Directory of New Hires)
NDNH database (owned by the U.S.
Department of Health and Human
Services (HHS)) and disclose this
information to PHAs for the purpose of
verifying employment and income of
rental housing program participants.
HUD may disclose NDNH data to a
private owner, management agent, and
contract administrator under contract
with HUD based on (1) an evaluation of
the costs and benefits of disclosures
made to PHAs, and (2) the adequacy of
E:\FR\FM\01SEN1.SGM
01SEN1
45238
Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Notices
measures used to safeguard the security
and confidentiality of information so
disclosed. Disclosure of NDNH data to
O/As and CAs is only as needed for
verifying the employment and income
of multifamily housing program
participants. On March 11, 2009,
Section 239 of HUD’s 2009
Appropriations Act modified Section
904 of the Stewart B. Mckinney Act of
1988, as amended, to include the
Disaster Housing Assistance Program
(DHAP) as a ‘‘program’’ of HUD for the
purpose of income verifications and
computer matching. The Housing and
Community Development Act of 1987
authorizes HUD to require applicants for
and participants in HUD-administered
rental housing assistance programs to
disclose to HUD their SSNs as a
condition of initial or continued
eligibility for participation in these HUD
programs. The Omnibus Budget
Reconciliation Act of 1993 (Budget
Reconciliation Act) authorizes HUD to
request from SSA Federal tax data, as
prescribed in section 6103(l)(7) of title
26 of the United States Code (Internal
Revenue Code).
mstockstill on DSKH9S0YB1PROD with NOTICES
PURPOSES:
The primary purpose of EIV is to
allow PHAs, O/As, and CAs to verify
tenant-reported income, identify
unreported income sources and/or
amounts received by program
participants, and identify substantial
annual income discrepancies amongst
households that receive HUD-provided
rental assistance through programs
administered by PIH and Housing. The
first release of EIV was successfully
implemented on August 16, 2004. EIV is
a simple, Internet-based integrated
system, which enables PHA users, HUD
personnel, O/As, and CAs to access a
database of tenant information via their
Web browser. EIV will aid HUD and
entities that administer HUD’s assisted
housing programs in: (a) Increasing the
effective distribution of rental assistance
to individuals that meet the
requirements of Federal rental
assistance programs, (b) detecting
abuses in assisted housing programs, (c)
taking administrative or legal actions to
resolve past and current abuses of
assisted housing programs, (d) deterring
abuses by verifying the income of
tenants at the time of annual and
interim reexaminations via the use of
electronic income data received from
the HHS and SSA, (e) evaluating the
effectiveness of income discrepancy
resolution actions taken by PHAs, O/As
and CAs for some of HUD’s rental
assistance programs, and (f) reducing
administrative burden of obtaining
written or oral third party verification
VerDate Nov<24>2008
17:18 Aug 31, 2009
Jkt 217001
(when the tenant does not dispute
information provided by EIV. EIV is a
management information system that
contains tools to help: (1) Improve the
income verification process, (2) monitor
incidents of potential tenant under
reporting of household income, (3)
produce management reports, (4) reduce
duplicate rental assistance, (5) reduce
overpayment of housing assistance
payments of deceased single member
households, and (6) conduct risk
assessments. The EIV system serves as
a repository for automated information
used when comparing family income
data reported by recipients of Federal
rental assistance to income data
received from external sources (e.g.,
HHS and SSA). Records in TRACS, IMS,
and EIV are subject to use in authorized
and approved computer matching
programs regulated under the Privacy
Act of 1974, as amended.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:
In addition to the uses cited in the
section of this document titled
‘‘Purposes’’, other routine uses may
include:
1. To Federal, State, and local
agencies (e.g., State agencies
administering the State’s unemployment
compensation laws, State welfare and
food stamp agencies, U.S Office of
Personnel Management, U.S. Postal
Service, U.S. Department of Defense,
U.S. Department of Health and Human
Services, and U.S. Social Security
Administration): to verify the accuracy
and completeness of the data provided,
to verify eligibility or continued
eligibility in HUD’s rental assistance
programs, and to aid in the
identification of tenant errors, fraud,
and abuse in assisted housing programs
through HUD’s tenant income computer
matching program;
2. To individuals under contract to
HUD or under contract to another
agency with funds provided by HUD: for
the preparation of studies and statistical
reports directly related to the
management of HUD’s rental assistance
programs, to support quality control for
tenant eligibility efforts requiring a
random sampling of tenant files to
determine the extent of administrative
errors in making rent calculations,
eligibility determinations, etc., and for
processing certifications/recertifications;
3. To PHAs, O/As, and CAs: to verify
the accuracy and completeness of tenant
data used in determining eligibility and
continued eligibility and the amount of
housing assistance received;
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
4. To PHAs, O/As, and CAs: to
identify and resolve discrepancies in
tenant data; and
5. To PHAs: information related to
debts owed to PHAs and participant’s
termination from a PIH program, to
determine an applicant’s suitability for
tenancy in a PIH housing program.
6. To researchers affiliated with
academic institutions, with not-forprofit organizations, or with Federal,
State or local governments, or to policy
researchers: without individual
identifiers—name, address, SSN: for the
performance of research and statistical
activities on housing and community
development issues.
7. To HUD staff, HUD contractors,
independent public auditors and
accountants, PHAs, and CAs for the
purpose of conducting oversight and
monitoring of program operations to
determine compliance with applicable
laws and regulations, and financial
reporting requirements.
8. To the Federal Emergency
Management Agency (FEMA): to
identify existing families which
participate in a HUD rental assistance
program and are currently receiving
housing assistance. HUD may provide
FEMA with the following information
about the HUD-assisted family: (1) The
PHA name, address and contact
information currently assisting the
family, (2) the effective date of the last
transaction the PHA conducted with the
family; (3) family composition
information, including household
member names and date of births; and
any other information from the form
HUD–50058, which may assist FEMA in
determining eligibility of assistance.
9. Additional Disclosure for Purposes
of Facilitating Responses and
Remediation Efforts in the Event of a
Data Breach. A record from a system of
records maintained by this Department
may be disclosed to appropriate
agencies, entities, and persons when:
1. The Department suspects or has
confirmed that the security or
confidentiality of information in a
system of records has been
compromised;
2. The Department has determined
that as a result of the suspected or
confirmed compromise there is a risk of
harm to economic or property interests,
identity theft or fraud, or harm to the
security or integrity of systems or
programs (whether maintained by the
Department or another agency or entity)
that rely upon the compromised
information; and,
3. The disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with the Department’s
E:\FR\FM\01SEN1.SGM
01SEN1
Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Notices
RETENTION AND DISPOSAL:
efforts to respond to the suspected or
confirmed compromise and prevent,
minimize, or remedy such harm.
POLICIES FOR STORING, RETRIEVING, AND
DISPOSING OF SYSTEM RECORDS:
STORAGE:
Records are stored manually in family
case files and electronically in office
automation equipment. Records are
stored on HUD computer servers for
field office, PHAs’, and O/AS’ access via
the Internet to:
1. Obtain SS and SSI data that are not
subject to provisions of 26 U.S.C. 6103;
2. Obtain employment, wage and
unemployment compensation data; and
3. Obtain the following reports:
a. Failed Verification.
b. Failed EIV–Prescreening.
c. Identity Verification.
d. Income Discrepancy.
e. New Hires.
f. Deceased Tenants.
g. Multiple Subsidy.
h. Debts Owed to PHAs and
Termination.
Note: Software in EIV precludes the
transfer of any data subject to 26 U.S.C. 6103
to unencrypted media.
RETRIEVABILITY:
Records may be retrieved by computer
search of indices by the Head of
Household’s name, date of birth, and/or
SSN of an existing HUD program
participant.
Note: A user’s search capability is limited
to only those program participants within the
user’s jurisdiction and assigned to his or her
User ID.
mstockstill on DSKH9S0YB1PROD with NOTICES
SAFEGUARDS:
Records are maintained at the U.S.
Department of Housing and Urban
Development in Washington, DC with
limited access to those persons whose
official duties require the use of such
records. Computer files and printed
listings are maintained in locked
cabinets. Printed listings include
masked dates of birth and SSNs.
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. HUD will
safeguard the SSN, income, and
personal identifying information
obtained pursuant to 26 U.S.C.
6103(l)(7)(A) and (B) in accordance with
26 U.S.C. 6103(p)(4) and the IRS’s ‘‘Tax
Information Security Guidelines for
Federal, State and Local Agencies,’’
Publication 1075 (Revised October
2007).
VerDate Nov<24>2008
17:18 Aug 31, 2009
Jkt 217001
Handbook 2228.2, appendix 14, item
25. EIV-reported income information is
retained for the duration of tenancy plus
three years from the end of program
participation date or move-out date.
Electronic data is disposed of by erasing
data from all media types. Data retained
in paper format is destroyed by
shredding or burning. Computerized
family records are maintained in a
password-protected environment. If
information is needed for evidentiary
purposes, documentation will be
referred to the HUD Office of Inspector
General (OIG) in Washington, DC or
other appropriate Federal, State or local
agencies charged with the responsibility
of investigating or prosecuting violators
of Federal law. Documents referred to
HUD’s OIG will become part of OIG’s
Investigative Files. Records will be
retained and disposed of in accordance
with the General Records Schedule
included in HUD.
Debts owed to PHAs and termination
information is retained for a period of
ten years from the end of participation
date.
SYSTEM MANAGERS AND ADDRESSES:
Office of Public and Indian Housing
(PIH): Nicole Faison, PIH EIV System
Owner. Department of Housing and
Urban Development, 451 Seventh Street,
SW., Room 4226, Washington, DC
20410; David Sandler, PIH EIV System
Project Manager. Department of Housing
and Urban Development, 550 12th
Street SW., First Floor—Desk 1304,
Washington, DC 20410.
Office of Housing: Gail Williamson,
Housing EIV System Owner.
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Room 6138, Washington, DC 20410.
Lanier Hylton, Housing EIV System
Project Manager. Department of Housing
and Urban Development, 451 Seventh
Street, SW., Room 6140, Washington,
DC 20410.
NOTIFICATION AND RECORD ACCESS
PROCEDURES:
Individuals seeking to determine
whether this system of records contains
information about them, or those
seeking access to such records, should
address inquiries to Donna RobinsonStaton, Departmental Privacy Act
Officer, Department of Housing and
Urban Development, 451 Seventh Street
SW., Room 2256, Washington, DC
20410. For written request provide
verification of your identity by stating
your full name, current address, social
security number, date of birth, and place
of birth. Your verification of identity
PO 00000
Frm 00081
Fmt 4703
Sfmt 4703
45239
must include your original signature
and must be notarized.
CONTESTING RECORD PROCEDURES:
Employment and wage information
reported in EIV originates from the
employer. The employer reports this
information to the local State Workforce
Agency (SWA), who in turn, reports the
information to the NDNH database. If a
participant of a HUD rental assistance
program disputes this information, he or
she should contact the employer
directly in writing to dispute the
employment and/or wage information
and request that the employer correct
erroneous information. If employer
resolution is not possible, the program
participant should contact the local
SWA for assistance.
Unemployment benefit information
reported in EIV originates from the local
State Workforce Agency (SWA). If a
participant of a HUD rental assistance
disputes this information, he or she
should contact the SWA directly, in
writing to dispute the unemployment
benefit information, and request that the
SWA correct erroneous information.
SS and SSI benefit information
reported in EIV originates from the SSA.
If a participant of a HUD rental
assistance program disputes this
information, he or she should contact
the SSA at (800) 772–1213 or visit your
local SSA office. SSA office information
is available in the government pages of
your local telephone directory or online
at https://www.socialsecurity.gov.
Debts owed to PHAs and termination
information is reported to HUD by the
PHA. If a current or former participant
of a HUD rental assistance program
disputes this information, he or she
should contact the PHA directly in
writing to dispute this information and
provide any documentation that
supports the dispute. If the PHA
determines that the disputed
information is incorrect, the PHA will
update or delete the record from EIV.
For all other information, procedures
for the amendment or correction of
records are located at 24 CFR parts 16.8.
and 16.9.
RECORD SOURCE CATEGORIES:
PIH and Housing may receive data
from HUD field office staff, Federal
Government agencies, State and local
agencies, private data sources, owners
and management agents, PHAs, and
contract administrators. PHAs and O/As
routinely collect personal and income
data from participants in and applicants
for HUD’s public and assisted housing
programs. The data collected by PHAs
and O/As is entered into the PIC and
TRACS system, respectively, online via
E:\FR\FM\01SEN1.SGM
01SEN1
45240
Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Notices
the system itself, via PHA or O/Aowned software, or via HUD’s Family
Reporting Software (FRS). Data from PIC
and TRACS is imported into EIV and
used to create request files for computer
matching programs.
EXEMPTIONS FROM CERTAIN PROVISIONS OF THE
ACT:
None.
[FR Doc. E9–21087 Filed 8–31–09; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
DEPARTMENT OF AGRICULTURE
Forest Service
Notice of Call for Nominations for
Appointment of Primary and Alternate
Representatives, Santa Rosa and San
Jacinto Mountains National Monument
Advisory Committee
mstockstill on DSKH9S0YB1PROD with NOTICES
AGENCY: Bureau of Land Management,
Interior; and U.S. Forest Service,
Agriculture.
ACTION: Notice of call for nominations
for appointment or reappointment of
primary representatives, and
appointment or reappointment of
alternate representatives to occupy
various positions on the Santa Rosa and
San Jacinto Mountains National
Monument Advisory Committee.
SUMMARY: This notice constitutes an
open call to the public to submit
nomination applications for positions
on the Santa Rosa and San Jacinto
Mountains National Monument
Advisory Committee.
DATES: Nomination applications must be
submitted to the address listed below no
later than November 30, 2009.
ADDRESSES: Santa Rosa and San Jacinto
Mountains National Monument Office,
Attn: National Monument Manager,
Advisory Committee Nomination
Application, 1201 Bird Center Drive,
Palm Springs, California 92262.
FOR FURTHER INFORMATION CONTACT: Jim
Foote, National Monument Manager,
Santa Rosa and San Jacinto Mountains
National Monument, telephone (760)
833–7136; e-mail jfoote@ca.blm.gov.
SUPPLEMENTARY INFORMATION:
Primary Representatives
• Representative of the City of Palm
Springs; term will begin on March 16,
2010 and expire March 16, 2013.
• Representative of the City of La
Quinta; term will begin on March 16,
2010 and expire March 16, 2013.
VerDate Nov<24>2008
17:18 Aug 31, 2009
Jkt 217001
• Representative of the California
Department of Parks and Recreation or
California Department of Fish and
Game; term will begin March 16, 2010
and expire March 16, 2013.
• Representative of a local
conservation organization; term will
begin March 16, 2010 and expire March
16, 2013.
• Representative of a local developer
or builder organization; term will begin
March 16, 2010 and expire March 16,
2013.
• Representative of the City of
Cathedral City; term will begin on date
of appointment and expire July 21,
2012.
• Representative of the City of Indian
Wells; term will begin on date of
appointment and expire July 21, 2012.
• Representative of the County of
Riverside, California; term will begin on
date of appointment and expire July 21,
2012.
• Representative of the Coachella
Valley Mountains Conservancy; term
will begin on date of appointment and
expire July 21, 2012.
• Representative of the Winter Park
Authority; term will begin on date of
appointment and expire July 21, 2012.
Alternate Representatives
• Alternate representative of the City
of Palm Springs; term will begin on
March 16, 2010 and expire March 16,
2013.
• Alternate representative of the City
of La Quinta; term will begin on March
16, 2010 and expire March 16, 2013.
• Alternate representative of the
California Department of Parks and
Recreation or California Department of
Fish and Game; term will begin March
16, 2010 and expire March 16, 2013.
• Alternate representative of a local
conservation organization; term will
begin March 16, 2010 and expire March
16, 2013.
• Alternate representative of a local
developer or builder organization; term
will begin March 16, 2010 and expire
March 16, 2013.
• Alternate representative of the City
of Cathedral City; term will begin on
date of appointment and expire July 21,
2012.
• Alternate representative of the City
of Indian Wells; term will begin on date
of appointment and expire July 21,
2012.
• Alternate representative of the
County of Riverside, California; term
will begin on date of appointment and
expire July 21, 2012.
• Alternate representative of the
Coachella Valley Mountains
Conservancy; term will begin on date of
appointment and expire July 21, 2012.
PO 00000
Frm 00082
Fmt 4703
Sfmt 4703
• Alternate representative of the
Winter Park Authority; term will begin
on date of appointment and expire July
21, 2012.
• Alternate representative of the City
of Palm Desert; term will begin on date
of appointment and expire December
16, 2011.
• Alternate representative of the
Pinyon Community Council; term will
begin on date of appointment and expire
December 16, 2011.
In accordance with the Santa Rosa
and San Jacinto Mountains National
Monument Act of 2000 (Pub. L. 106–
351), the Secretary of the Interior and
the Secretary of Agriculture have jointly
established an advisory committee for
the Santa Rosa and San Jacinto
Mountains National Monument under
the provisions of the Federal Advisory
Committee Act. The purpose of the
National Monument Advisory
Committee (MAC) is to advise the
Secretaries with respect to
implementation of the National
Monument Management Plan.
The MAC holds public meetings at
least once per year. The Designated
Federal Official (DFO), or his/her
designee, may convene additional
meetings as necessary. All MAC
members are volunteers serving without
pay. Members of the MAC may be
reappointed upon expiration of the
member’s current term.
All applicants must be citizens of the
United States. Members are appointed
by the Secretary of the Interior with
concurrence by the Secretary of
Agriculture. Applicants must be
qualified through education, training,
knowledge, or experience to give
informed advice regarding an industry,
discipline, or interest to be represented.
There is no limit to the number of
nomination applications which may be
submitted for each open position.
Current MAC appointees may submit an
updated nomination application for
reappointment. Any individual may
nominate himself or herself for
appointment. Completed nomination
applications should include letters of
reference and/or recommendations from
the represented interests or
organizations, and any other
information explaining the nominee’s
qualifications (e.g., resume, curriculum
vitae).
Nomination application packages are
available at the Santa Rosa and San
Jacinto Mountains National Monument
Office, 1201 Bird Center Drive, Palm
Springs, California; through the Santa
Rosa and San Jacinto Mountains
National Monument Web page at
https://www.blm.gov/ca/st/en/fo/
palmsprings/santarosa/
E:\FR\FM\01SEN1.SGM
01SEN1
Agencies
[Federal Register Volume 74, Number 168 (Tuesday, September 1, 2009)]
[Notices]
[Pages 45235-45240]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21087]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5291-N-04]
Privacy Act of 1974; Amendment to an Existing System of Records,
Enterprise Income Verification (EIV), HUD/PIH-5
AGENCY: Office of the Chief Information Officer, HUD.
ACTION: Notification of an amendment to an existing System of Records,
Enterprise Income Verification (EIV), HUD/PIH-5.
-----------------------------------------------------------------------
SUMMARY: HUD is amending HUD/PIH-5 to reflect changes in the following
sections, which impact participants and program administrators of the
Public Housing, Disaster Housing Assistance, Housing Choice Voucher
(HCV), Section 8 Moderate Rehabilitation programs; and the various
rental assistance programs for the Office of Housing: Categories of
Individuals Covered by the System, Categories of Records in the System,
Purposes of the System, and
[[Page 45236]]
Routine Uses of Records Maintained in the System, Including Categories
of Users and Purposes of Such Users. These sections are revised to
reflect the present status of the information contained in the system.
A more detailed description of the present system is contained in the
Supplemental Information section.
DATES: Effective Date: This proposal shall become effective, without
further notice, October 1, 2009, unless comments are received during or
before this period which would result in a contrary determination.
Comments Due Date: October 1, 2009.
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 20410-0500. Communications should refer to
the above docket number and title. Facsimile (FAX) comments are not
acceptable. 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: For the Departmental Privacy Act
Officer contact Donna Robinson-Staton, telephone number (202) 402-8073.
Regarding records maintained in Washington, DC, for the Office of
Public and Indian Housing (PIH), contact Nicole Faison, Office of
Public Housing and Voucher Programs (OPHVP), Rental Housing Integrity
Improvement Project (RHIIP) Manager and PIH EIV System Owner, telephone
number (202) 402-4267; or David Sandler, EIV System Project Manager,
telephone number (202) 475-8941. For the Office of Housing, contact
Gail Williamson, Director of the Housing Assistance Policy Division,
telephone number (202) 402-2473. [The above are not toll free numbers.]
A telecommunications device for hearing-and speech-impaired persons
(TTY) is available at (800) 877-8339 (Federal Information Relay
Services). (This is a toll-free number.)
SUPPLEMENTARY INFORMATION: EIV currently supports public housing
agencies (PHAs) that administer Public Housing, and Section 8 tenant-
based rental assistance programs, and will in the near future, support
PHAs that administer the Disaster Housing Assistance Program (DHAP);
and private owners and management agents (O/ASs) who administer rental
assistance programs for the Office of Housing (Housing) and contract
administrators (CAs) under contract with HUD. EIV will contain income
data for public housing, Section 8, and multifamily housing program
participants, enabling program administrators to verify participant-
reported income and identify households that may have under reported
their household's annual income.
HUD developed the EIV system to reduce subsidy payment errors as a
result of tenant under reporting of income to ensure that limited
Federal resources serve as many eligible families as possible. EIV will
facilitate more timely and accurate verification of tenant-reported
income at the time of mandatory annual and interim reexamination of
household income.
EIV will contain personal identifying information from HUD's
Inventory Management System (IMS) formerly Public and Indian Housing
Information Center (PIC) and Disaster Information System (DIS) within
IMS; and HUD's Office of Housing's Tenant Rental Assistance
Certification System (TRACS), such as Head of Households and household
members' name, date of birth and Social Security Number (SSN), unit
address, program information, and household income details as reported
by the participant to the program administrator. These personal
identifying data are extracted from IMS, DIS, and TRACS and imported
into EIV. The system also contains household member(s) income details
as reported by State and Federal agencies. HUD obtains income details
through computer matching programs with the Department of Health and
Human Services (HHS) and Social Security Administration (SSA).
On March 11, 2009, Section 239 of HUD's 2009 Appropriations Act
modified Section 904 of the Stewart B. McKinney Act of 1988, as
amended, to include the Disaster Housing Assistance Program (DHAP) as a
``program'' of HUD for the purpose of income verifications and computer
matching. Computer matching for participants of the Disaster Housing
Assistance Program is expected to begin no sooner than October 1, 2009,
unless comments are received which result in a contrary determination,
or 40 days from the date a modified computer matching agreement is
signed by HUD, SSA and HHS, whichever is later. As such, pursuant to
the Computer Matching and Privacy Protection Act (CMPPA) of 1988, as
amended, HUD is providing the public with notice of a modified computer
matching program with HHS and SSA (as previously published at 73 FR
10046 and 74 FR10605, respectively), to include participants of DHAP
administered by local PHAs.
Effective September 14, 2009, PHAs will have the ability to enter
the following information into EIV:
1. Amount of debt owed by a former tenant to a PHA;
2. If applicable, indication of executed repayment agreement;
3. If applicable, indication of bankruptcy filing;
4. If applicable, the reason for any adverse termination of the
family from a Federally assisted housing program.
This information will be used by HUD to create a national
repository of families that owe a debt to a PHA and/or have been
terminated from a Federally assisted housing program. This national
repository will be available within the EIV system for all PHAs to
access during the time of application for rental assistance. PHAs will
be able to access this information to determine a family's suitability
for rental assistance, and avoid providing limited Federal housing
assistance to families who either: (1) Owe a debt to a PHA; or (2) have
previously been unable to comply with HUD program requirements.
System Security Measures: The integrity and availability of data in
EIV is important. Much of the data needs to be protected from
unanticipated or unintentional modification. HUD restricts the use of
this information to HUD approved officials, program administrators such
as PHAs and O/ASs, and CAs under contract with HUD; thus, the data is
protected accordingly.
Vulnerabilities and corresponding security measures include: (1)
Only persons with Web Access Subsystem (WASS) User IDs and passwords
may access EIV; (2) access to EIV is controlled using EIV's security
module, which controls a user's access to particular modules based on
the user's role and security access level; (3) User IDs are used to
identify access to sensitive data by users; (4) data corruption/
destruction-PHAs, O/As and CAs users do not have write access to
databases that contain income information obtained by HUD from third
parties. HUD users' write access is limited to user administration by
authorized personnel. This will eliminate the risk of data destruction
or corruption. (5) PHA users, as designated by the PHA's Executive
Director or designee, will have the ability to enter debt owed and
termination information of former program participants into EIV.
Designated users have the ability to update and delete information as
necessary. These designated users will be assigned a specific role in
EIV to enable the entering of this data. Those
[[Page 45237]]
users without the assigned role to enter data into EIV will be able to
only view information pertaining to families who owe a debt to a PHA or
have been terminated from a PIH program.
Data Quality: PHAs and O/As submit management, building, unit, and
family information into IMS and TRACS. Family information includes the
families' names, SSNs, and dates of birth. When a PHA or O/A submits
family data to IMS, or TRACS, the EIV system will validate each
household member's identity. HUD will only transmit to the Department
of Health and Human Services (HHS) for computer matching those tenant
personal identifiers (i.e., full name, SSN, and date of birth) of
individuals age 18 and older, that have been validated by the Social
Security Administration (SSA). If a household member's identity cannot
be validated, EIV will (1) flag the household member record; (2)
provide an error message to the PHA or O/A, informing the PHA or O/A to
verify the household member's SSN, name, and/or date of birth; and (3)
request the PHA or O/A to submit a corrected record (Form HUD-50058 or
Form HUD-50059) into IMS, or TRACS. EIV will remove the invalidated
household member record from computer matching request files.
This household member identity verification feature was established
to help HUD maintain data quality and integrity and to support one of
its strategic objectives to prevent fraud and abuse. This identity
verification feature will (1) help confirm that those families entitled
to benefits receive benefits, (2) ensure that income information is
obtained of only validated individuals, (3) assist in limiting the
duplication of benefits, and (4) help prevent the false application for
benefits, thereby ensuring data quality.
Debt owed and termination information entered by PHAs may be
challenged by the former program participant. If the PHA determines
that an error has been made in entering the data, the designated users
who have the ability to enter data into EIV, will update and delete
erroneous information as necessary.
EIV will receive new hires (W-4), wage, employment, and
unemployment benefit data from HHS' National Directory of New Hires
(NDNH) database; and Social Security (SS) and Supplemental Security
Income (SSI) benefit data from the Social Security Administration
(SSA). This will allow PHAs, O/As, CAs to verify the income of tenants
at the time of mandatory annual and/or interim reexaminations.
Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), as amended,
notice is given that HUD proposes to amend an existing Privacy System
of Records, Enterprise Income Verification, HUD/PIH-5.
Title 5 U.S.C. 552a(e)(4) and (11) provide that the public be
afforded a 30-day period in which to comment on the amended record
system. The system report was submitted to the Office of Management and
Budget (OMB), the Senate Committee on Homeland Security and
Governmental Affairs and the House Committee on Government Reform
pursuant to paragraph 4c of Appendix l to OMB Circular No. A-130,
``Federal Agencies Responsibilities for Maintaining Records About
Individuals,'' July 25, 1994 (59 FR 37914).
Accordingly, this notice amends HUD/PIH-5 system of records for the
Office of Public and Indian Housing's program administrators and
accompanying routine uses to be submitted and accessed in the
management of rental assistance housing programs by the Office of
Public and Indian Housing.
Authority: 5 U.S.C. 552a; 88 Stat. 1896; 42 U.S.C. 3535(d).
Dated: August 24, 2009.
Jerry E. Williams,
Chief Information Officer.
HUD/PIH-5
SYSTEM NAME:
Enterprise Income Verification (EIV).
SYSTEM LOCATIONS:
The files are maintained at the following locations:
1. U.S. Department of Housing and Urban Development, 451 7th
Street, SW., Washington, DC 20410; and
2. Lockheed Martin Corporation, located at 4701 Forbes Blvd.,
Lanham, MD 20706, will monitor access of any encrypted files containing
social security and rent information (subject to the provisions of 26
U.S.C. 6103).
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Families receiving rental housing assistance (now including
Disaster Housing Assistance) via programs administered by the
Department of Housing and Urban Development, Tribally Designated
Housing Entities participating in the Section 8 program, PHAs and/or O/
As and State agencies and PHAs acting as CAs.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records consist of unit address (subsidized property address),
family composition, and income data obtained from PHAs and O/As. The
system of records contains: Identification information such as names,
dates of birth and SSNs for individuals; addresses; financial data such
as tenant-reported income; employment, wage, and unemployment benefit
data obtained from HHS and SS and SSI benefit data obtained from the
SSA; annual income discrepancies as a result of the comparison of
tenant-reported income to actual income as reported by the HHS and SSA;
failed identity verification report; multiple subsidies report, which
identifies families who may be receiving multiple rental assistance in
various HUD rental assistance program; new hires report, which
identifies family members who have started a new job; deceased tenants
report, which identifies family members who are deceased. Effective
September 2009, PIH's EIV system will contain the following new
records: Repository of debts owed to PHAs and adverse terminations of
former program participants, as reported to HUD by program
administrators; and an immigration report, which will identify the
immigration status of program participants as reported by PHAs.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Pursuant to the Stewart B. McKinney Homeless Assistance Amendments
Act of 1988, as amended, and Section 303(i) of the Social Security Act,
HUD and HUD-funded PHAs may request wage and claim data from State Wage
Information Collection Agencies (SWICAs), also now known as State
Workforce Agencies (SWAs), responsible for administering State
unemployment laws.
On October 1, 1994, Section 542(a)(1) of HUD's 1998 Appropriation
Act, eliminated a sunset provision to Section 303(i) of the Social
Security Act, effectively making permanent the authority requiring
State agencies to disclose wage and claim information to HUD and PHAs.
On January 23, 2004, Section 453(j) of the Social Security Act (42
U.S.C. 653(j)) was amended to allow HUD to obtain income information
from the (National Directory of New Hires) NDNH database (owned by the
U.S. Department of Health and Human Services (HHS)) and disclose this
information to PHAs for the purpose of verifying employment and income
of rental housing program participants. HUD may disclose NDNH data to a
private owner, management agent, and contract administrator under
contract with HUD based on (1) an evaluation of the costs and benefits
of disclosures made to PHAs, and (2) the adequacy of
[[Page 45238]]
measures used to safeguard the security and confidentiality of
information so disclosed. Disclosure of NDNH data to O/As and CAs is
only as needed for verifying the employment and income of multifamily
housing program participants. On March 11, 2009, Section 239 of HUD's
2009 Appropriations Act modified Section 904 of the Stewart B. Mckinney
Act of 1988, as amended, to include the Disaster Housing Assistance
Program (DHAP) as a ``program'' of HUD for the purpose of income
verifications and computer matching. The Housing and Community
Development Act of 1987 authorizes HUD to require applicants for and
participants in HUD-administered rental housing assistance programs to
disclose to HUD their SSNs as a condition of initial or continued
eligibility for participation in these HUD programs. The Omnibus Budget
Reconciliation Act of 1993 (Budget Reconciliation Act) authorizes HUD
to request from SSA Federal tax data, as prescribed in section
6103(l)(7) of title 26 of the United States Code (Internal Revenue
Code).
PURPOSES:
The primary purpose of EIV is to allow PHAs, O/As, and CAs to
verify tenant-reported income, identify unreported income sources and/
or amounts received by program participants, and identify substantial
annual income discrepancies amongst households that receive HUD-
provided rental assistance through programs administered by PIH and
Housing. The first release of EIV was successfully implemented on
August 16, 2004. EIV is a simple, Internet-based integrated system,
which enables PHA users, HUD personnel, O/As, and CAs to access a
database of tenant information via their Web browser. EIV will aid HUD
and entities that administer HUD's assisted housing programs in: (a)
Increasing the effective distribution of rental assistance to
individuals that meet the requirements of Federal rental assistance
programs, (b) detecting abuses in assisted housing programs, (c) taking
administrative or legal actions to resolve past and current abuses of
assisted housing programs, (d) deterring abuses by verifying the income
of tenants at the time of annual and interim reexaminations via the use
of electronic income data received from the HHS and SSA, (e) evaluating
the effectiveness of income discrepancy resolution actions taken by
PHAs, O/As and CAs for some of HUD's rental assistance programs, and
(f) reducing administrative burden of obtaining written or oral third
party verification (when the tenant does not dispute information
provided by EIV. EIV is a management information system that contains
tools to help: (1) Improve the income verification process, (2) monitor
incidents of potential tenant under reporting of household income, (3)
produce management reports, (4) reduce duplicate rental assistance, (5)
reduce overpayment of housing assistance payments of deceased single
member households, and (6) conduct risk assessments. The EIV system
serves as a repository for automated information used when comparing
family income data reported by recipients of Federal rental assistance
to income data received from external sources (e.g., HHS and SSA).
Records in TRACS, IMS, and EIV are subject to use in authorized and
approved computer matching programs regulated under the Privacy Act of
1974, as amended.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to the uses cited in the section of this document
titled ``Purposes'', other routine uses may include:
1. To Federal, State, and local agencies (e.g., State agencies
administering the State's unemployment compensation laws, State welfare
and food stamp agencies, U.S Office of Personnel Management, U.S.
Postal Service, U.S. Department of Defense, U.S. Department of Health
and Human Services, and U.S. Social Security Administration): to verify
the accuracy and completeness of the data provided, to verify
eligibility or continued eligibility in HUD's rental assistance
programs, and to aid in the identification of tenant errors, fraud, and
abuse in assisted housing programs through HUD's tenant income computer
matching program;
2. To individuals under contract to HUD or under contract to
another agency with funds provided by HUD: for the preparation of
studies and statistical reports directly related to the management of
HUD's rental assistance programs, to support quality control for tenant
eligibility efforts requiring a random sampling of tenant files to
determine the extent of administrative errors in making rent
calculations, eligibility determinations, etc., and for processing
certifications/re-certifications;
3. To PHAs, O/As, and CAs: to verify the accuracy and completeness
of tenant data used in determining eligibility and continued
eligibility and the amount of housing assistance received;
4. To PHAs, O/As, and CAs: to identify and resolve discrepancies in
tenant data; and
5. To PHAs: information related to debts owed to PHAs and
participant's termination from a PIH program, to determine an
applicant's suitability for tenancy in a PIH housing program.
6. To researchers affiliated with academic institutions, with not-
for-profit organizations, or with Federal, State or local governments,
or to policy researchers: without individual identifiers--name,
address, SSN: for the performance of research and statistical
activities on housing and community development issues.
7. To HUD staff, HUD contractors, independent public auditors and
accountants, PHAs, and CAs for the purpose of conducting oversight and
monitoring of program operations to determine compliance with
applicable laws and regulations, and financial reporting requirements.
8. To the Federal Emergency Management Agency (FEMA): to identify
existing families which participate in a HUD rental assistance program
and are currently receiving housing assistance. HUD may provide FEMA
with the following information about the HUD-assisted family: (1) The
PHA name, address and contact information currently assisting the
family, (2) the effective date of the last transaction the PHA
conducted with the family; (3) family composition information,
including household member names and date of births; and any other
information from the form HUD-50058, which may assist FEMA in
determining eligibility of assistance.
9. Additional Disclosure for Purposes of Facilitating Responses and
Remediation Efforts in the Event of a Data Breach. A record from a
system of records maintained by this Department may be disclosed to
appropriate agencies, entities, and persons when:
1. The Department suspects or has confirmed that the security or
confidentiality of information in a system of records has been
compromised;
2. The Department has determined that as a result of the suspected
or confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of systems or programs (whether maintained by the Department
or another agency or entity) that rely upon the compromised
information; and,
3. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with the Department's
[[Page 45239]]
efforts to respond to the suspected or confirmed compromise and
prevent, minimize, or remedy such harm.
POLICIES FOR STORING, RETRIEVING, AND DISPOSING OF SYSTEM RECORDS:
STORAGE:
Records are stored manually in family case files and electronically
in office automation equipment. Records are stored on HUD computer
servers for field office, PHAs', and O/AS' access via the Internet to:
1. Obtain SS and SSI data that are not subject to provisions of 26
U.S.C. 6103;
2. Obtain employment, wage and unemployment compensation data; and
3. Obtain the following reports:
a. Failed Verification.
b. Failed EIV-Prescreening.
c. Identity Verification.
d. Income Discrepancy.
e. New Hires.
f. Deceased Tenants.
g. Multiple Subsidy.
h. Debts Owed to PHAs and Termination.
Note: Software in EIV precludes the transfer of any data subject
to 26 U.S.C. 6103 to unencrypted media.
RETRIEVABILITY:
Records may be retrieved by computer search of indices by the Head
of Household's name, date of birth, and/or SSN of an existing HUD
program participant.
Note: A user's search capability is limited to only those
program participants within the user's jurisdiction and assigned to
his or her User ID.
SAFEGUARDS:
Records are maintained at the U.S. Department of Housing and Urban
Development in Washington, DC with limited access to those persons
whose official duties require the use of such records. Computer files
and printed listings are maintained in locked cabinets. Printed
listings include masked dates of birth and SSNs. 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. HUD will safeguard the SSN,
income, and personal identifying information obtained pursuant to 26
U.S.C. 6103(l)(7)(A) and (B) in accordance with 26 U.S.C. 6103(p)(4)
and the IRS's ``Tax Information Security Guidelines for Federal, State
and Local Agencies,'' Publication 1075 (Revised October 2007).
RETENTION AND DISPOSAL:
Handbook 2228.2, appendix 14, item 25. EIV-reported income
information is retained for the duration of tenancy plus three years
from the end of program participation date or move-out date. Electronic
data is disposed of by erasing data from all media types. Data retained
in paper format is destroyed by shredding or burning. Computerized
family records are maintained in a password-protected environment. If
information is needed for evidentiary purposes, documentation will be
referred to the HUD Office of Inspector General (OIG) in Washington, DC
or other appropriate Federal, State or local agencies charged with the
responsibility of investigating or prosecuting violators of Federal
law. Documents referred to HUD's OIG will become part of OIG's
Investigative Files. Records will be retained and disposed of in
accordance with the General Records Schedule included in HUD.
Debts owed to PHAs and termination information is retained for a
period of ten years from the end of participation date.
SYSTEM MANAGERS AND ADDRESSES:
Office of Public and Indian Housing (PIH): Nicole Faison, PIH EIV
System Owner. Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 4226, Washington, DC 20410; David Sandler, PIH EIV
System Project Manager. Department of Housing and Urban Development,
550 12th Street SW., First Floor--Desk 1304, Washington, DC 20410.
Office of Housing: Gail Williamson, Housing EIV System Owner.
Department of Housing and Urban Development, 451 Seventh Street, SW.,
Room 6138, Washington, DC 20410. Lanier Hylton, Housing EIV System
Project Manager. Department of Housing and Urban Development, 451
Seventh Street, SW., Room 6140, Washington, DC 20410.
NOTIFICATION AND RECORD ACCESS PROCEDURES:
Individuals seeking to determine whether this system of records
contains information about them, or those seeking access to such
records, should address inquiries to Donna Robinson-Staton,
Departmental Privacy Act Officer, Department of Housing and Urban
Development, 451 Seventh Street SW., Room 2256, Washington, DC 20410.
For written request provide verification of your identity by stating
your full name, current address, social security number, date of birth,
and place of birth. Your verification of identity must include your
original signature and must be notarized.
CONTESTING RECORD PROCEDURES:
Employment and wage information reported in EIV originates from the
employer. The employer reports this information to the local State
Workforce Agency (SWA), who in turn, reports the information to the
NDNH database. If a participant of a HUD rental assistance program
disputes this information, he or she should contact the employer
directly in writing to dispute the employment and/or wage information
and request that the employer correct erroneous information. If
employer resolution is not possible, the program participant should
contact the local SWA for assistance.
Unemployment benefit information reported in EIV originates from
the local State Workforce Agency (SWA). If a participant of a HUD
rental assistance disputes this information, he or she should contact
the SWA directly, in writing to dispute the unemployment benefit
information, and request that the SWA correct erroneous information.
SS and SSI benefit information reported in EIV originates from the
SSA. If a participant of a HUD rental assistance program disputes this
information, he or she should contact the SSA at (800) 772-1213 or
visit your local SSA office. SSA office information is available in the
government pages of your local telephone directory or online at https://www.socialsecurity.gov.
Debts owed to PHAs and termination information is reported to HUD
by the PHA. If a current or former participant of a HUD rental
assistance program disputes this information, he or she should contact
the PHA directly in writing to dispute this information and provide any
documentation that supports the dispute. If the PHA determines that the
disputed information is incorrect, the PHA will update or delete the
record from EIV.
For all other information, procedures for the amendment or
correction of records are located at 24 CFR parts 16.8. and 16.9.
RECORD SOURCE CATEGORIES:
PIH and Housing may receive data from HUD field office staff,
Federal Government agencies, State and local agencies, private data
sources, owners and management agents, PHAs, and contract
administrators. PHAs and O/As routinely collect personal and income
data from participants in and applicants for HUD's public and assisted
housing programs. The data collected by PHAs and O/As is entered into
the PIC and TRACS system, respectively, online via
[[Page 45240]]
the system itself, via PHA or O/A-owned software, or via HUD's Family
Reporting Software (FRS). Data from PIC and TRACS is imported into EIV
and used to create request files for computer matching programs.
EXEMPTIONS FROM CERTAIN PROVISIONS OF THE ACT:
None.
[FR Doc. E9-21087 Filed 8-31-09; 8:45 am]
BILLING CODE 4210-67-P