Notice2022-28345
Agency Information Collection Activities; Comment Request; Overpayment Detection and Recovery Activities
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 29, 2022
Issuing agencies
Labor DepartmentEmployment and Training Administration
Abstract
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).
Full Text
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<title>Federal Register, Volume 87 Issue 249 (Thursday, December 29, 2022)</title>
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[Federal Register Volume 87, Number 249 (Thursday, December 29, 2022)]
[Notices]
[Pages 80196-80197]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="/cdn-cgi/l/email-protection#6b1b0a19000e19450e190208000a2b0f0407450c041d"><span class="__cf_email__" data-cfemail="adddccdfc6c8df83c8dfc4cec6ccedc9c2c183cac2db">[email protected]</span></a>.
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: <a href="/cdn-cgi/l/email-protection#9cecfdeef7f9eeb2f9eef5fff7fddcf8f3f0b2fbf3ea"><span class="__cf_email__" data-cfemail="e69687948d8394c883948f858d87a682898ac8818990">[email protected]</span></a>; 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:
<a href="/cdn-cgi/l/email-protection#f0939f879995de82989f9e9491de9db0949f9cde979f86"><span class="__cf_email__" data-cfemail="2b48445c424e05594344454f4a05466b4f4447054c445d">[email protected]</span></a>.
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:
<bullet> 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;
<bullet> 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;
<bullet> Enhance the quality, utility, and clarity of the
information to be collected; and
<bullet> 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]
BILLING CODE 4510-FN-P
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