Notice2022-04899
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
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 10, 2022
Issuing agencies
Labor DepartmentEmployment and Training Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 47 (Thursday, March 10, 2022)</title>
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[Federal Register Volume 87, Number 47 (Thursday, March 10, 2022)]
[Notices]
[Page 13762]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="/cdn-cgi/l/email-protection#1c4b7970706f325d7b72796f5c787370327b736a"><span class="__cf_email__" data-cfemail="c493a1a8a8b7ea85a3aaa1b784a0aba8eaa3abb2">[email protected]</span></a>. 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
<a href="/cdn-cgi/l/email-protection#b7ffd6cec499f3d6d9ded2dbf7d3d8db99d0d8c1"><span class="__cf_email__" data-cfemail="b8f0d9c1cb96fcd9d6d1ddd4f8dcd7d496dfd7ce">[email protected]</span></a>.
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
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</html>Indexed from Federal Register on March 10, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.