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We recommend the Principal Deputy Assistant Secretary of Employment and Training: Amend 20 CFR 603.5 and 603.6(a) through the rulemaking process to reinforce that UI information must be provided to DOL OIG for all IG engagements authorized under the IG Act, including audits, evaluations, and investigations.

We recommend the Principal Deputy Assistant Secretary of Employment and Training: Issue a new UIPL within 15 days of this memorandum to instruct SWAs that disclosure of information to the OIG for audits, evaluations, and investigations is mandatory without need for a subpoena, and that the OIG will notify SWAs directly of current and future information disclosure requirements, to include data elements.

We recommend the Principal Deputy Assistant Secretary of Employment and Training: Ensure the new UIPL guidance advises SWAs that they may not require the OIG to enter into data sharing agreements as a prerequisite to disclosure of information to the OIG for audits, consistent with the IG Act and federal law.

We recommend the Principal Deputy Assistant Secretary of Employment and Training: Ensure revisions to UIPL 04-17 advise SWAs that data sharing agreements are not required when sharing UI claim and wage data with the OIG for fraud investigations. The revised UIPL should make clear that SWAs shall share UI claim and wage data with the OIG for fraud detection and investigative purposes, not limiting the sharing to investigations into a particular instance of suspected UI fraud.

We recommend the Principal Deputy Assistant Secretary of Employment and Training: Continue to work with the OIG, and within 30 days of the memorandum, meet with the OIG to develop a permanent approach for OIG access to UI data.