[Federal Register Volume 64, Number 26 (Tuesday, February 9, 1999)]
[Notices]
[Pages 6381-6382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3121]


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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.

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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 [email protected] 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]
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