[Federal Register: August 29, 2003 (Volume 68, Number 168)]
[Notices]
[Page 52060-52061]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29au03-96]
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DEPARTMENT OF LABOR
Employment and Training Administration
Proposed Collection; Comment Request
ACTION: Notice.
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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
collections 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.
Currently, the Employment and Training Administration is soliciting
comments concerning the proposed extension for collection of the ETA
227 Report, Overpayment Detection and Recovery Activities. A copy of
the proposed information collection request (ICR) can be obtained by
contacting the office listed below in the addresses section of this
notice.
DATES: Written comments must be submitted to the office listed in the
addresses section below on or before October 28, 2003.
ADDRESSES: Submit written comments to the Employment and Training
Administration, Office of Workforce Security, 200 Constitution Avenue,
NW., Room S4231, Washington, DC 20010, Attention: Bob Whiting.
Telephone number: (202) 693-3215 (this is not a toll-free number). Fax:
(202) 693-3975. E-mail: whiting.robert@dol.gov.
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``Expenditure of all money withdrawn from an unemployment fund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 * *
*''
[[Page 52061]]
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 (1) to detect benefits paid through
error by the State Workforce Agency (SWA) or through willful
misrepresentation or error by the claimant or others, (2) to deter
claimants from obtaining benefits through willful misrepresentation,
and (3) to recover benefits overpaid. The ETA 227 is used to determine
whether SWAs meet these requirements of the Secretary of Labor's
interpretation of the federal laws.
The ETA-227 contains data on the number and amounts of fraud and
nonfraud 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:
[sbull] 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;
[sbull] 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;
[sbull] Enhance the quality, utility, and clarity of the
information to be collected; and
[sbull] 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 2002.
Although the overpayment rate is relatively low (less than one
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 continue collecting 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 Number: ETA-227.
Record Keeping: State agencies are required to maintain all
documentation supporting the information reported on the ETA-227 for
three years following the end of each report period.
Affected Public: State Government.
Cite/Reference/Form/etc: Form.
Total Respondents: 53 state agencies.
Frequency: Quarterly.
Total Responses: 212.
Average Time per Response: 14 hours.
Estimated Total Burden Hours: 2968.
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: August 21, 2003.
Cheryl Atkinson,
Administrator, Office of Workforce Security.
[FR Doc. 03-22127 Filed 8-28-03; 8:45 am]
BILLING CODE 4510-30-P