Agency Information Collection Activities; Comment Request; Overpayment Detection and Recovery Activities, 13855-13856 [2017-05173]

Agencies

• Employment and Training Administration
• DEPARTMENT OF LABOR

[Federal Register Volume 82, Number 49 (Wednesday, March 15, 2017)]
[Notices]
[Pages 13855-13856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05173]


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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 (DOL), Employment and Training 
Administration 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 
May 15, 2017.

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, TTY 1-877-889-
5627 (these are not toll-free numbers), or by email at 
parker.ericka@dol.gov.
    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 parker.ericka@dol.gov; or by fax at 202-693-3975.

SUPPLEMENTARY INFORMATION: The 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 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.

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 . . .

    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 to: (1) Detect benefits paid through 
error by the State Workforce

[[Page 13856]]

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 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. 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.
    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 the 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. The DOL encourages 
commenters not to include personally identifiable information, 
confidential business data, or other sensitive statements/information 
in any comments.
    The 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 submissions 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.
    Total Estimated Annual Other Cost Burden: $0.

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

Byron Zuidema,
Deputy Assistant Secretary for Employment and Training, Labor.
[FR Doc. 2017-05173 Filed 3-14-17; 8:45 am]
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