[Federal Register Volume 77, Number 129 (Thursday, July 5, 2012)]
[Notices]
[Pages 39748-39749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16384]


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RAILROAD RETIREMENT BOARD


Computer Matching and Privacy Protection Act of 1988; Report of 
Matching Program: RRB and State Agencies

AGENCY: U.S. Railroad Retirement Board (RRB).

ACTION: Notice of a renewal of an existing computer matching program 
due to expire on August 12, 2012.

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SUMMARY: The Privacy Act, as amended, requires the RRB to issue a 
public notice of its use and intent to use, information obtained from 
state agencies in ongoing computer matching programs regarding 
individuals who received benefits under the Railroad Unemployment 
Insurance Act.
    The information received through the computer matching programs may 
consist of either: (1) A report of unemployment or sickness payments 
made by the state for the same period that benefits were paid by the 
RRB, or (2) a report of wages paid to an individual, and the names and 
addresses of employers who reported those wages to the state for the 
same period that benefits were paid by the RRB.
    The purpose of this notice is to advise individuals applying for or 
receiving benefits under the Railroad Unemployment Insurance Act of the 
use made by the RRB of the information obtained from state agencies by 
means of a computer match.

DATES: Submit comments on or before August 14, 2012.

ADDRESSES: Address any comments concerning this notice in writing to 
the Secretary to the Board, U.S. Railroad Retirement Board, 844 North 
Rush Street, Chicago, Illinois 60611-2092.

FOR FURTHER INFORMATION CONTACT: Mr. Timothy S. Grant, Chief Privacy 
Officer, U.S. Railroad Retirement Board, 844 North Rush Street, Attn: 
BIS-IRMC, Chicago, Illinois 60611-2092.

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 describing the 
conditions under which computer matching involving the Federal 
government could be performed, and by adding certain protections for 
persons 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 protection for such persons.
    The Privacy Act, as amended, regulates the use of computer matching 
by Federal agencies when matching records in a system of records with 
other Federal, State, or local government records. 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 approval of the matching agreement by the Data Integrity 
Boards of the participating Federal agencies;
    (3) Publish notice of the computer matching program in the Federal 
Register;
    (4) Furnish reports about matching programs to Congress and Office 
of Management and Budget;
    (5) Notify beneficiaries and applicants that their records are 
subject to matching; and
    (6) Verify match findings before reducing, suspending, terminating, 
or denying a person's benefits or payments.

B. RRB Computer Matches Subject to the Privacy Act

    We have taken action to ensure that all of our computer matching 
programs comply with the requirements of the Privacy Act, as amended.

C. Notice of Computer Matching Program: RRB With State Agencies

    1. Name of Participating Agencies: The Railroad Retirement Board 
and agencies of all 50 states which provide unemployment or sickness 
benefits.
    2. Purpose of the Match: To identify individuals who have 
improperly collected benefits provided by the RRB under the Railroad 
Unemployment Insurance Act while earning remuneration in non-railroad 
employment or while collecting unemployment or sickness benefits paid 
by a state agency.
    3. Authority for Conducting the Match: The Social Security Act (42 
U.S.C. 503(c)(1)), and Railroad Unemployment Insurance Act (45 U.S.C. 
231(b) and 362(f)). Disclosures under this agreement are made in 
accordance with the Privacy Act, as amended (5 U.S.C. 552a(b)(3)) and 
in compliance with the matching procedures in the Privacy Act (5 U.S.C. 
552a(o), (p), and (r)).
    4. Categories of Records and Individuals Covered: All recipients of 
benefits under the Railroad Unemployment Insurance Act during a given 
period who reside in the states with which the RRB has negotiated a 
computer matching program agreement. Records furnished by the states 
are covered under Privacy Act system of records RRB-21, Railroad 
Unemployment and Sickness Insurance Benefit System, which was published 
in the Federal Register (FR) on July 26, 2010 (75 FR 43725).
    5. Inclusive Dates of the Matching Program: This computer matching 
program is effective August 10, 2012 through February 10, 2015. Before 
becoming effective the following notice periods must have lapsed: 30 
Days after publication in the Federal Register and 40 days after notice 
of the matching program sent to Congress and OMB. The computer matching 
program is valid for 18 months from the effective date and, if both 
agencies meet certain conditions, the RRB may grant a one-time 
extension of another 12 months. The number of matches conducted with 
each state during the period of the match will vary from state to 
state, depending on whether the computer matching agreement provides 
for matches to be conducted quarterly or every six months.
    6. Procedure: The RRB will furnish the state agency a file of 
records. The data elements will consist of beneficiary identifying 
information, such as name and Social Security Number (SSN), as well as 
the overall period during which the individual received benefits under

[[Page 39749]]

the Railroad Unemployment Insurance Act. The state agency will match 
the identifying information. If the matching operation reveals that the 
individual who had received benefits under the Railroad Unemployment 
Insurance Act also received either unemployment or sickness insurance 
benefits from the state for any days in the period, the state agency 
will notify the RRB. Depending on arrangements made between the two 
jurisdictions, and, in the case of state sickness benefits, on the 
applicable state law, either the RRB or the state agency will attempt 
to recover the amount of the duplicate payments.
    If the matching operation reveals that wages had been reported for 
the individual during the requested period, the state will notify the 
RRB of this fact and furnish a breakdown of the wages, as well as the 
name and address of each employer who reported earnings for the 
individual. The RRB will then contact each employer who reported 
earnings for the individual for the given period. Only if the 
employment is verified will the RRB take action to recover the 
overpayment. If the RRB benefits had been paid under the Railroad 
Unemployment Insurance Act, recovery is limited to payments made for 
those days on which the individual was gainfully employed.
    7. Other information: The notice we are giving here is in addition 
to any individual notice. We will file a report with the Committee on 
Homeland Security and Governmental Affairs of the Senate, the Committee 
on Oversight and Government Reform of the House of Representatives, and 
the Office of Information and Regulatory Affairs, Office of Management 
and Budget (OMB).

    Dated: June 7, 2012.

    By Authority of the Board.
Martha P. Rico,
Secretary to the Board.
[FR Doc. 2012-16384 Filed 7-3-12; 8:45 am]
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