[Federal Register Volume 84, Number 36 (Friday, February 22, 2019)]
[Notices]
[Pages 5723-5724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03003]


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DEPARTMENT OF LABOR

Employment and Training Administration


Agency Information Collection Activities; Comment Request; 
Benefit Accuracy Measurement (BAM) Program

ACTION: Notice.

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SUMMARY: The Department of Labor's (DOL's) Employment and Training 
Administration (ETA) is soliciting comments concerning a proposed 
extension for the authority to conduct the information collection 
request (ICR) titled, ``Benefit Accuracy Measurement (BAM) Program.'' 
This comment request is part of continuing Departmental efforts to 
reduce paperwork and respondent burden in accordance with the Paperwork 
Reduction Act of 1995 (PRA).

DATES: Consideration will be given to all written comments received by 
April 23, 2019.

ADDRESSES: A copy of this ICR with applicable supporting documentation, 
including a description of the likely respondents, proposed frequency 
of response, and estimated total burden, may be obtained free by 
contacting Dennis Austin by telephone at 202-693-3056, TTY 1-877-889-
5627 (these are not toll-free numbers), or by email at 
[email protected].
    Submit written comments about or requests for a copy of this ICR by 
mail or courier to the U.S. Department of Labor, Employment and 
Training Administration, Office of Unemployment Insurance, Room S-4520, 
200 Constitution Avenue NW, Washington, DC 20210, by email at 
[email protected], or by Fax at 202-693-3975.

    Authority:  44 U.S.C. 3506(c)(2)(A).


SUPPLEMENTARY INFORMATION: As part of continuing efforts to reduce 
paperwork and respondent burden, DOL conducts a pre-clearance 
consultation program to provide the general public and Federal agencies 
an opportunity to comment on proposed and/or continuing collections of 
information before submitting them to the Office of Management and 
Budget (OMB) for final approval. This program helps to ensure requested 
data is provided in the desired format, reporting burden (time and 
financial resources) is minimized, collection instruments are clearly 
understood, and the impact of collection requirements can be properly 
assessed.
    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 unemployment 
insurance (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 DOL 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 
SWA 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. 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, and 
UCFE programs. A sample of 360 cases per year are pulled in the 10 SWAs 
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 SWA. SWA 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 SWA.
    Denied Claims Accuracy (DCA). Each week, SWAs 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 SWAs sample a minimum of 150 cases of 
each denial type in each calendar year. SWAs' BAM staff members 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 SWA.
    DOL maintains a database of each SWA's BAM paid and denied claims 
cases, minus any personally identifying information. DOL uses BAM data 
to measure SWA performance with respect to UI payment integrity and to 
meet the DOL's reporting requirements of the Improper Payments 
Information Act of 2002 (IPIA), the Improper Payments Elimination and 
Recovery Act of 2010, and the Government Performance and Results Act. 
DOL 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 website at the following

[[Page 5724]]

link: https://oui.doleta.gov/unemploy/bqc.asp. The Improper Payments 
Elimination and Recovery Act of 2010 (31 U.S.C. 3321) authorizes this 
information collection.
    This information collection is subject to the PRA. A Federal agency 
generally cannot conduct or sponsor a collection of information, and 
the public is generally not required to respond to an information 
collection, unless it is approved by OMB under the PRA and displays a 
currently valid OMB Control Number. In addition, notwithstanding any 
other provisions of law, no person shall generally be subject to 
penalty for failing to comply with a collection of information that 
does not display a valid Control Number. See 5 CFR 1320.5(a) and 
1320.6.
    Interested parties are encouraged to provide comments to the 
contact shown in the ADDRESSES section. Comments must be written to 
receive consideration, and they will be summarized and included in the 
request for OMB approval of the final ICR. In order to help ensure 
appropriate consideration, comments should mention OMB control number 
1205-0245.
    Submitted comments will also be a matter of public record for this 
ICR and posted on the internet, without redaction. DOL encourages 
commenters not to include personally identifiable information, 
confidential business data, or other sensitive statements/information 
in any comments.
    DOL is particularly interested in comments that:
     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 submission of responses.
    Agency: DOL-ETA.
    Type of Review: Extension without changes.
    Title of Collection: Unemployment Insurance Benefit Accuracy 
Measurement.
    Form: BAM State Operations Handbook (ET Handbook 395, 5th edition).
    OMB Control Number: 1205-0245.
    Affected Public: State Workforce Agencies (Primary), individuals, 
businesses, and not-for-profit institutions.
    Estimated Number of Respondents: 117,962.
    Frequency: Varies.
    Total Estimated Annual Responses: 165,074.
    Estimated Average Time per Response: Varies.
    Estimated Total Annual Burden Hours: 535,312.
    Total Estimated Annual Other Cost Burden: $0.

Molly E. Conway,
Acting Assistant Secretary for Employment and Training, Labor.
[FR Doc. 2019-03003 Filed 2-21-19; 8:45 am]
 BILLING CODE 4510-FW-P