Privacy Act of 1974; System of Records, 50635-50638 [2022-17710]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 87, Number 158 (Wednesday, August 17, 2022)]
[Notices]
[Pages 50635-50638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: https://www.regulations.gov. Follow the 
instructions provided on that site to submit comments electronically.
    Fax: 202-619-8365.
    Email: [email protected].
    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 https://ww.regulations.gov. including any 
personal information provided.
    Docket: For access to the docket to read background documents or 
comments received go to https://www.regulations.gov.

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

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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

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10139, Washington, DC 20410-0001 or by emailing [email protected]. 
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