[Federal Register Volume 87, Number 249 (Thursday, December 29, 2022)]
[Notices]
[Pages 80196-80197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28345]


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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) 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 
February 27, 2023.

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, 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: Rhonda Cowie by telephone at 202-693-
3821 (this is not a toll-free number) or by email: 
[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 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 SSA 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 (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 . . 
.''
    The Secretary of Labor has interpreted the above sections of 
federal law in Section 7511, Part V, of the Employment Security 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 Overpayment 
Detection and Recovery Activities report, referred to as 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. 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) of the Social Security Act (SSA), Section 
303(a)(5) of the SSA, Section 3304(a)(4) of the Internal Revenue Code 
(IRC) of 1954, and Section 7511, Part V, of the Employment Security 
Manual, 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

[[Page 80197]]

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.

Brent Parton,
Acting Assistant Secretary for Employment and Training, Labor.
[FR Doc. 2022-28345 Filed 12-28-22; 8:45 am]
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