[Federal Register Volume 77, Number 173 (Thursday, September 6, 2012)]
[Notices]
[Pages 54927-54929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21861]


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DEPARTMENT OF LABOR

Employment and Training Administration


Comment Request for Information Collection for Unemployment 
Insurance (UI) Benefit Accuracy Measurement (BAM), Extension Without 
Revisions.

AGENCY: Employment and Training Administration (ETA), Labor.

ACTION: Notice.

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SUMMARY: The Department of Labor (Department), as part of its 
continuing effort to reduce paperwork and respondent burden, conducts a 
preclearance consultation program to provide the public and Federal 
agencies with an opportunity to comment on proposed and/or continuing 
collections of information in accordance with the Paperwork Reduction 
Act of 1995 [44 U.S.C. 3506(c)(2)(A)]. This program helps 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.
    ETA is soliciting comments concerning the continuation of 
collection of data about the accuracy of paid and denied UI claims, 
which is accomplished through the BAM survey. The Department's BAM 
information collection authority, under Office of Management and Budget 
(OMB) number

[[Page 54928]]

1205-0245, is scheduled to expire on 11/30/2012.

DATES: Written comments must be submitted to the office listed in the 
addresses section below on or before November 5, 2012.

ADDRESSES: Submit written comments to Andrew Spisak, Office of 
Unemployment Insurance, Room S-4524, Employment and Training 
Administration, U.S. Department of Labor, 200 Constitution Avenue NW., 
Washington, DC 20210. Telephone number: 202-693-3196 (this is not a 
toll-free number). Individuals with hearing or speech impairments may 
access the telephone number above via TTY by calling the toll-free 
Federal Information Relay Service at 1-877-889-5627 (TTY/TDD). Fax: 
202-693-3975. Email: [email protected]. A copy of the proposed 
information collection request (ICR) can be obtained by contacting the 
office listed above.

SUPPLEMENTARY INFORMATION:

I. Background

    Since 1987, all State Workforce Agencies (SWAs) except the U.S. 
Virgin Islands have been required by regulation at 20 CFR Part 602 to 
operate BAM programs to assess the accuracy of their UI benefit 
payments in three programs: State UI, Unemployment Compensation for 
Federal Employees (UCFE), and Unemployment Compensation for Ex-
servicemembers (UCX). Beginning in 2001, BAM was modified to include 
the sampling and investigation of UI claims denied for monetary, 
separation, or nonseparation issues.
    BAM is one of the tools the Department uses to measure and reduce 
waste, fraud, and abuse in the UI program. By investigating small 
representative weekly samples of both paid and denied UI claims, each 
state is able to estimate reliably the number and dollar value of 
proper and improper payments; the number of proper and improper denials 
of claims for UI benefits; the rates of occurrence of these proper and 
improper payments and denials; and the error types, error causes, and 
the parties that are responsible for the errors.
    Paid Claims Accuracy (PCA). Each week SWAs select random samples of 
both intrastate and interstate original payments (including combined 
wage claims) made for a week of UI benefits under the State UI, UCX or 
UCFE programs. A sample of 360 cases per year is pulled in the ten 
states with the smallest UI program workloads (defined as the average 
annual UI weeks paid during the last five years) and 480 cases per year 
in the other states. State BAM staff audit each selected claim, 
examining all aspects of a claimant's eligibility to receive UI 
benefits during the sampled week. The findings are entered into an 
automated database that is maintained on a computer located in each 
state.
    Denied Claims Accuracy (DCA). Each week states select random 
samples from three separate sampling frames constructed from the 
universes of UI claims for which eligibility was denied for monetary, 
separation and nonseparation reasons. All states sample a minimum of 
150 cases of each denial type in each calendar year. State BAM staff 
review agency records and contact claimants, employers, and all other 
relevant parties to verify information in agency records or obtain 
additional information pertinent to the determination that denied 
eligibility for UI benefits. Unlike the investigation of paid claims, 
in which all prior determinations affecting claimant eligibility for 
the compensated week selected for the sample are evaluated, the 
investigation of denied claims is limited to the issue upon which the 
denial determination is based. The findings are entered into an 
automated database that is maintained on a computer located in each 
state.
    The Department maintains a database of each state's BAM paid and 
denied claims cases, minus any personally identifying information. The 
Department uses BAM data to measure state performance with respect to 
UI payment integrity and to meet the Department's reporting 
requirements of the Improper Payments Information Act of 2002 (IPIA), 
the Improper Payments Elimination and Recovery Act of 2010 (IPERA), and 
the Government Performance and Results Act (GPRA). The Department also 
relies heavily on BAM data for information on UI operations, such as 
claims filing method, UI wage replacement rates, and claimant 
characteristics. The results of the BAM survey are reported annually on 
the ETA web site at the following link: http://oui.doleta.gov/unemploy/.

II. Review Focus

    The Department 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

    Type of Review: extension without changes.
    Title: Unemployment Insurance Benefit Accuracy Measurement.
    OMB Number: 1205-0245.
    Affected Public: State Workforce Agencies (Primary), individuals, 
businesses, and not-for-profit institutions.
    Form(s): BAM State Operations Handbook (ET Handbook 395, 5th 
edition.
    Total Annual Respondents: 179,145.2.
    Annual Frequency: BAM samples are selected weekly; the BAM data 
collection instrument is updated continuously as the audits are 
conducted.
    Average Time per Response: 10.09 hours. This estimate is a weighted 
average.
    Estimated Total Annual Burden Hours: 476,013.2.
    Total Annual Burden Cost for Respondents: $18,870,582.59.

                      BAM PCA/DCA Data Annual Collection Burden per State Workforce Agency
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                                                     Monetary       Separation    Non-separation
                                    Paid claims    denied claims   denied claims   denied claims       Total
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Cases...........................            457*             150             150             150             907
Respondents/Case................            4.65            3.10            3.10             2.6  ..............
Hours/Case......................           12.59            7.85            7.85            6.97  ..............

[[Page 54929]]

 
    Total Respondents...........          2125.1             465             465             390         3445.10
    Total Hours.................          5753.6          1177.5          1177.5         1045. 5          9154.1
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* Average for all 52 State Workforce Agencies (SWAs). The 10 smallest states in terms of UI weeks paid sample at
  the rate of 360 cases per year; the other 42 states sample at the rate of 480 cases per year.

52 SWAs x 3,445.1 respondents = 179,145.2 respondents
52 SWAs x 9,154.1 hours = 476,013.2 hours

                                     Annual PCA/DCA Total Cost by Respondent
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          Cost summary                Paid claims        Denied claims      Cost per state       Cost--52 SWAs
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SWA Staff.......................         $201,186.02         $130,515.84         $331,701.86         $17,248,497
Claimants.......................            3,313.25               2,463             128,076             300,365
Employers + 3rd Parties.........           20,402.67            5,015.34           25,418.01        1,321,720.67
    Total All Costs.............          224,901.94          137,994.18          485,195.87       18,870,582.59
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    Comments submitted in response to this comment request will be 
summarized and/or included in the request for OMB approval of the ICR; 
they will also become a matter of public record.

    Dated: Signed in Washington, DC, on this 29th day of August, 
2012.
Jane Oates,
Assistant Secretary for Employment and Training, Labor.
[FR Doc. 2012-21861 Filed 9-5-12; 8:45 am]
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