[Federal Register Volume 87, Number 47 (Thursday, March 10, 2022)]
[Notices]
[Page 13762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04899]



[[Page 13762]]

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DEPARTMENT OF LABOR

Employment and Training Administration


Federal-State Unemployment Compensation Program: Notice of 
Federal Agency With Adequate Safeguards To Satisfy the Requirements of 
the Federal Regulation on Confidentiality and Disclosure of 
Unemployment Compensation Information

AGENCY: Employment and Training Administration, Labor.

ACTION: Notice of Federal agency with adequate safeguards.

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SUMMARY: In this notice, the Department of Labor (Department) 
recognizes that the United States Census Bureau (Census) has in place 
safeguards adequate to satisfy the requirements of the Federal 
regulation on the confidentiality and disclosure of unemployment 
compensation (UC) information. As a result, the safeguards and security 
requirements enumerated in the regulation do not apply to disclosures 
of confidential unemployment compensation information by state UC 
agencies to Census for the Longitudinal Employer Household Dynamics 
(LEHD) program.

FOR FURTHER INFORMATION CONTACT: Agnes Wells, Program Specialist, 
Office of Unemployment Insurance, Employment and Training 
Administration, (202) 693-2996 (this is not a toll-free number) or 1-
877-889-5627 (TTY), or by email at [email protected]. Or Daniel Hays, 
Supervisory Program Specialist, Office of Unemployment Insurance, 
Employment and Training Administration, (202) 693-3011 (this is not a 
toll-free number) or 1-877-889-5627 (TTY), or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: The Employment and Training Administration 
(ETA) interprets Federal law requirements pertaining to UC programs. 
ETA interprets section 303(a)(1) of the Social Security Act to require 
states to maintain the confidentiality of certain UC information. The 
regulations at 20 CFR part 603 implement this confidentiality 
requirement. 20 CFR 603.9 requires States and State UC agencies to 
ensure that recipients of confidential UC information have certain 
safeguards in place before any confidential UC information may be 
disclosed. Section 603.9(d) provides that States are not required to 
apply these safeguards and security requirements to a Federal agency 
which the Department has determined, by notice published in the Federal 
Register, to have in place safeguards adequate to satisfy the 
requirements of 20 CFR 603.9.
    The authority for Census to enter into state data sharing 
agreements is 13 U.S.C. 6, which permits Census to access, by purchase 
or otherwise, information to assist in the performance of its official 
duties. Under this authority, Census aims to improve labor market data 
infrastructure and develop products for better understanding of the 
dynamics of the U.S. labor market to meet the broad objectives of the 
LEHD program. This research provides important data to support Census 
programs including the Master Address File, current demographic and 
economic survey and census operations, the Intercensal Estimates 
Program's population and housing estimates, and related census and 
survey program improvements.
    Under the Local Employment Dynamics (LED) Partnership, confidential 
data is received by Census and processed within its Economic 
Directorate, with complementary research and product development 
conducted within the Research and Methodology Directorate. The LED 
Partnership is comprised of U.S. States, the District of Columbia, 
Puerto Rico, the U.S. Virgin Islands, and eligible U.S. territories 
when the entity enters into an agreement with Census.
    To disclose confidential UC information to Census for purposes of 
the LEHD program, State UC agencies are currently required to enter 
into an agreement with Census that includes the safeguards and security 
requirements of 20 CFR 603.9. Census has advised the Department that 
securing a determination under 20 CFR 603.9(d) would be of great value 
as an independent assurance of data security, thus providing additional 
peace of mind and confidence to data providers, researchers, and 
policymakers.
    The Department has determined that for purposes of the LEHD 
program, the methods and procedures employed by Census for the 
protection of information received from members of the LED Partnership 
meet the requirements of 20 CFR 603.9. Census complies with all current 
NIST standards and publications in accordance with Title III of the E-
Government Act of 2002 (Pub. L. 107-347). Access to the information is 
strictly controlled and monitored by both physical and electronic 
means, limited to authorized Census staff and contractors who have 
signed a Sworn Oath of Nondisclosure, and not available to any third 
party. Information is expunged from Census systems when the purpose for 
the disclosure is finished. In addition, Census maintains a system 
sufficient to allow for audits and inspections and complies with OMB 
Memorandum M-17-12 with regard to the reporting of, and response to 
losses of protected information.
    With this notice, the Department recognizes that Census has in 
place safeguards adequate to satisfy the requirements of 20 CFR 603.9. 
Thus, pursuant to 20 CFR 603.9(d), the safeguards and security 
requirements of 20 CFR 603.9 do not apply to disclosures of 
confidential UC information to Census for purposes of the LEHD program.
    This notice is published to inform the public of the Department's 
determination with respect to this agency.

Angela Hanks,
Acting Assistant Secretary for Employment and Training, Labor.
[FR Doc. 2022-04899 Filed 3-9-22; 8:45 am]
BILLING CODE 4510-FW-P