[Federal Register Volume 74, Number 166 (Friday, August 28, 2009)]
[Notices]
[Pages 44385-44386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20779]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR


Proposed Information Collection Request of the ETA 227, 
Overpayment Detection and Recovery Activities; Comment Request

AGENCY: Employment and Training Administration, Department of Labor.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden, conducts a preclearance 
consultation program to provide the general public and Federal agencies 
with an opportunity to comment on proposed and/or continuing collection 
of information in accordance with the Paperwork Reduction Act of 1995 
(PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that 
requested data can be provided in the desired format, reporting burden 
(time and financial resources) is minimized, collection instruments are 
clearly understood, and the impact of collection requirements on 
respondents can be properly assessed.
    A copy of the proposed information collection request (ICR) can be 
obtained by contacting the office listed below in the addressee section 
of this notice or by accessing: http://www.doleta.gov/OMBCN/OMBControlNumber.cfm.

DATES: Written comments must be submitted to the office listed in the 
addressee section below on or before October 27, 2009.

ADDRESSES: Send comments to Nancy Dean, U.S. Department of Labor, 
Employment and Training

[[Page 44386]]

Administration, Office of Workforce Security, 200 Constitution Avenue, 
NW., Frances Perkins Bldg., Room S-4531, Washington, DC 20210, 
telephone number (202)-693-3215 (this is not a toll-free number) or by 
e-mail: [email protected].

SUPPLEMENTARY INFORMATION: 
    I. Background: Section 303(a)(1) of the Social Security Act 
requires a state's unemployment insurance (UI) law to include 
provisions for:

    ``Such methods of administration * * * as are found by the 
Secretary of Labor to be reasonably calculated to insure full 
payment of unemployment compensation when due * * *''

    Section 303(a)(5) of the Social Security Act further requires a 
state's UI law to include provisions for:

    ``Expenditure of all money withdrawn from an unemployment fund 
of such State, in the payment of unemployment compensation * * *''

    Section 3304(a)(4) of the Internal Revenue Code of 1954 provides 
that:

    ``all money withdrawn from the unemployment fund of the State 
shall be used solely in the payment of unemployment compensation * * 
*''

    The Secretary of Labor has interpreted the above sections of 
Federal law in section 7511, part V, ES Manual to further require a 
State's UI law to include provisions for such methods of administration 
as are, within reason, calculated to: (1) Detect benefits paid through 
error by the State Workforce Agency (SWA) or through willful 
misrepresentation or error by the claimant or others; (2) deter 
claimants from obtaining benefits through willful misrepresentation; 
and (3) recover benefits overpaid. The ETA 227 is used to determine 
whether SWAs meet these requirements.
    The ETA-227 contains data on the number and amounts of fraud and 
non-fraud overpayments established, the methods by which overpayments 
were detected, the amounts and methods by which overpayments were 
collected, the amounts of overpayments waived and written off, the 
accounts receivable for overpayments outstanding, and data on criminal/
civil actions.
    These data are gathered by 53 SWAs and reported to the Department 
of Labor following the end of each calendar quarter. The overall 
effectiveness of SWAs' UI integrity efforts can be determined by 
examining and analyzing the data. These data are also used by SWAs as a 
management tool for effective UI program administration.
    II. Review Focus: The Department of Labor is particularly 
interested in comments which:
     Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
     Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
     Enhance the quality, utility, and clarity of the 
information to be collected; and
     Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submissions of responses.
    III. Current Actions: The UI program paid approximately $42 billion 
in benefits in 2008. Although the overpayment rate (fraud and non-
fraud) derived from the ETA 227 is relatively low (less than 3.25 
percent), high amounts of money are involved, and it is in the national 
interest to maintain the program's integrity. Therefore, we are 
proposing to extend the authorization to collect data to measure the 
effectiveness of the benefit payment control programs in the SWAs.
    Type of Review: Extension.
    Agency: Employment and Training Administration.
    Title: Overpayment Detection and Recovery Activities.
    OMB Number: 1205-0173.
    Agency Form Number: ETA 227.
    Affected Public: State Government.
    Total Respondents: 53 State agencies.
    Frequency: Quarterly.
    Total Responses: 212.
    Average Time per Response: 14 hours.
    Estimated Total Burden Hours: 2,968.
    Total Burden Cost (operating/maintaining): $0.
    Comments submitted in response to this comment request will be 
summarized and/or included in the request for Office of Management and 
Budget approval of the information collection request; they will also 
become a matter of public record.

    Dated: This 20th day of August 2009.
Jane Oates.

[FR Doc. E9-20779 Filed 8-27-09; 8:45 am]
 P