[Federal Register: February 9, 1999 (Volume 64, Number 26)] [Notices] [Page 6381-6382] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr09fe99-111] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF LABOR Office of the Secretary Office of Inspector General; Notice of Computer Matching Programs AGENCY: Office of the Secretary, Labor. ACTION: Notice of Computer Matching Programs. ----------------------------------------------------------------------- SUMMARY: In accordance with the provisions of the federal Privacy Act, as amended, this notice announces computer matching programs which the U.S. Department of Labor, Office of Inspector General, and the U.S. Department of Labor, Office of Workers' Compensation Programs, plan to conduct with six States. DATES: The Office of Inspector General will file a report of the subject matching programs with the Committee on Governmental Affairs of the Senate, the Committee on Government Reform and Oversight of the House of Representatives and the Office of Information and Regulatory Affairs, Office of Management and Budget. The matching programs will be effective as indicated below. ADDRESSES: Interested parties may comment on this notice by writing to Roger Langsdale, Regional Inspector General for Audit, The Wanamaker Building, 100 Penn Square East, Suite 602-B, Philadelphia, PA 19107. Interested parties may also comment on this notice by sending a facsimile to the Regional Inspector General for Audit at 215-656-2335, or by sending an electronic mail message to Regional Inspector General for Audit at rlangsdale@oig.dol gov. All comments received will be available for public inspection at this address. FOR FURTHER INFORMATION CONTACT: Roger Langsdale, Regional Inspector General for Audit, at 215-656-2300. SUPPLEMENTARY INFORMATION: A. General The Computer Matching and Privacy Protection Act of 1988 (Pub. L. 100-503), amended the Privacy Act (5 U.S.C. 552a) by establishing the conditions under which computer matching involving the Federal government could be performed and adding certain protections for individuals applying for and receiving Federal benefits. Section 7201 of the Omnibus Budget Reconciliation Act of 1990 (Pub. L. 101-508) further amended the Privacy Act regarding protections for such individuals. The Privacy Act, as amended, regulates the use of computer matching by Federal agencies when records in a system of records are matched with other Federal, State, or local government records. Among other things, it requires Federal agencies involved in computer matching programs to: (1) Negotiate written agreements with the other agency or agencies participating in the matching programs; (2) Obtain the Data Integrity Boards' approval of the match agreements; (3) Furnish detailed reports about matching programs to Congress and OMB; (4) Notify applicants and beneficiaries that their records are subject to matching; and (5) Verify match findings before reducing, suspending, terminating or denying an individual's benefits or payments. B. Office of Inspector General Computer Matches Subject to the Privacy Act We have taken action to ensure that the Office of Inspector General's computer matching programs comply with the requirements of the Privacy Act, as amended. NOTICE OF COMPUTER MATCHING PROGRAMS, U.S. DEPARTMENT OF LABOR, OFFICE OF INSPECTOR GENERAL, AND OFFICE OF WORKERS' COMPENSATION PROGRAMS, WITH THE STATES OF MARYLAND, NEW JERSEY, OKLAHOMA, PENNSYLVANIA, TEXAS, AND VIRGINIA A. Participating Agencies The Office of Inspector General, the Office of Workers' Compensation Programs, and the States of Maryland, New Jersey, Oklahoma, Pennsylvania, Texas, and Virginia. B. Purposes of the Matching Program These computer matching programs between the Office of Inspector General, the Office of Workers' Compensation Programs, and the States of Maryland, New Jersey, Oklahoma, Pennsylvania, Texas, and Virginia (``States'') have several purposes. One part of these computer matching programs will involve the comparison of beneficiaries receiving workers' compensation under the Federal Employees' Compensation Act (``FECA''), 5 U.S.C. Sec. 8101 et. seq., with Unemployment Compensation wage records maintained by the States pursuant to the Social Security Act, 42 U.S.C. Sec. 501 et. seq., and related State laws. The purpose of these matches is to determine whether any recipients of FECA total disability benefits are receiving or have received any wages in the State without reporting those wages to the Office of Workers' Compensation Programs as required by law. Another part of these computer matching programs will involve the comparison of beneficiaries receiving workers' compensation under FECA with Unemployment Compensation benefits and payments records maintained by the States. The purposes of these matches are to determine whether any recipients of FECA total disability benefits are receiving or have received any unemployment insurance benefits which may affect entitlement to FECA benefits, and whether any recipients are receiving or have received any unemployment insurance benefits to which they are not entitled. C. Authority for Conducting the Matching Program The Federal Employees' Compensation Act (``FECA''), 5 U.S.C. Sec. 8101 et. seq., and the Inspector General Act of 1978, as amended, 5 U.S.C. App. 3. Among its responsibilities in the administration of FECA, the Office of Workers' Compensation Programs must ensure that benefit payments are proper and that fraud and abuse are prevented. The Office of Inspector General, as part of its oversight responsibilities, is conducting these matching programs to further these objectives. Computer matching is an efficient and unobtrusive method of determining whether beneficiaries are appropriately receiving benefits under FECA. D. Categories of Records and Individuals Covered by the Match The Office of Workers' Compensation Programs will provide the Office of Inspector General with an electronic or magnetic tape file extracted from the Federal Employees' Compensation Act files. The extracted file will contain certain workers' compensation payment information. The records in this file will be matched to the Unemployment Compensation wage, benefit, and payments records maintained by the participating States to identify individuals potentially subject to benefit reductions or termination of payment [[Page 6382]] eligibility under the statutory provisions listed above. In some cases, the matches will be performed by the Office of Inspector General. In other cases, the matches will be performed by the respective States and the results of the matches will be transmitted to the Office of Inspector General. E. Inclusive Dates of the Match The matching programs shall become effective on a date agreed upon by both parties, but no sooner than 40 days after copies of the six agreements, as approved by the Data Integrity Boards of the Department of Labor, are sent to Congress and notice of agreement is sent to the Office of Management and Budget (or later if the Office of Management and Budget objects to some or all of the agreement) or 30 days after publication of this notice in the Federal Register, whichever is later. The matching programs will continue for 18 months from the effective date and may be extended for an additional 12 months thereafter, if certain conditions are met. F. Security The personal privacy of individuals identified on the tapes will be protected by strict compliance with the Privacy Act (Pub. L. 93-579). Information from the match will be used only for official purposes, and will not be released to the public. Signed at Washington, D.C., this 3rd day of February, 1999. Charles C. Masten, Inspector General, Department of Labor. [FR Doc. 99-3121 Filed 2-8-99; 8:45 am] BILLING CODE 4510-23-P