[Federal Register Volume 85, Number 24 (Wednesday, February 5, 2020)]
[Notices]
[Pages 6579-6580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02181]


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DEPARTMENT OF LABOR

Employment and Training Administration


Agency Information Collection Activities; Comment Request; 
Overpayment Detection and Recovery Activities

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, ``Overpayment Detection and Recovery 
Activities.'' 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 6, 2020.

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 Ericka Parker by telephone at 202-693-3208 (this is not a 
toll-free number), TTY 1-877-889-5627 (this is not a toll-free number), 
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, 200 
Constitution Avenue NW, Frances Perkins Bldg. Room S-4519, Washington, 
DC 20210; by email at [email protected]; or by fax at 202-693-3975.

FOR FURTHER INFORMATION CONTACT: Corey Pitts by telephone at 202-693-
3357 (this is not a toll-free number) or by email at 
[email protected].

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

SUPPLEMENTARY INFORMATION: DOL, as part of continuing efforts to reduce 
paperwork and respondent burden, 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 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 can be properly 
assessed.
    Section 303(a)(1) of the Social Security Act (SSA) requires a 
state's unemployment insurance (UI) law to include provision for 
``[s]uch 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 
SSA further requires a state's UI law to include provision for 
``[e]xpenditure 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 (IRC) of 1954 provides 
that ``all money withdrawn from the unemployment fund of the State 
shall be used solely in the payment of unemployment compensation. . . 
.''
    ETA has interpreted these sections of federal law in Section 7511, 
Part V, of the Employment Security Manual to 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. ETA uses the Overpayment Detection and Recovery Activities 
report, referred to as the ETA 227, to determine whether SWAs meet 
these requirements. Section 303(a)(6) of

[[Page 6580]]

the SSA requires a state's UI law to include provision for making such 
reports as the Secretary of Labor may require.
    The ETA 227 contains data on the number and amounts of fraud and 
non-fraud overpayments established, the methods by which states 
detected overpayments, the amounts and methods by which states 
collected overpayments, the amounts of overpayments waived and written 
off, the accounts receivable for outstanding overpayments, and data on 
criminal/civil actions to collect overpayments. Each of the 53 SWAs 
gather this data and report it to DOL following the end of each 
calendar quarter. The overall effectiveness of SWAs' UI integrity 
efforts can be determined by examining and analyzing the data. SWA's 
also use these data as a management tool for effective UI program 
administration.
    Section 303(a)(1), SSA, Section 303(a)(5), SSA, Section 303 (a)(6), 
SSA, and Section 3304(a)(4), IRC authorize 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 Overpayment 
Detection and Recovery Activities, OMB control number 1205-0187.
    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: Overpayment Detection and Recovery Activities.
    Form: ETA 227.
    OMB Control Number: 1205-0187.
    Affected Public: State Workforce Agencies.
    Estimated Number of Respondents: 53.
    Frequency: Quarterly.
    Total Estimated Annual Responses: 212.
    Estimated Average Time per Response: 14 hours.
    Estimated Total Annual Burden Hours: 2,968 hours.
    Total Estimated Annual Other Cost Burden: $0.

John Pallasch,
Assistant Secretary for Employment and Training.
[FR Doc. 2020-02181 Filed 2-4-20; 8:45 am]
 BILLING CODE 4510-FW-P