80_FR_27798 80 FR 27705 - Comment Request for Information Collection for OMB 1205-0245, Unemployment Insurance (UI) Benefit Accuracy Measurement (BAM), Extension Without Revisions

80 FR 27705 - Comment Request for Information Collection for OMB 1205-0245, Unemployment Insurance (UI) Benefit Accuracy Measurement (BAM), Extension Without Revisions

DEPARTMENT OF LABOR
Employment and Training Administration

Federal Register Volume 80, Issue 93 (May 14, 2015)

Page Range27705-27706
FR Document2015-11646

The Department of Labor (Department), as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the 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 [44 U.S.C. 3506(c)(2)(A)]. This program helps 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, ETA is soliciting comments concerning the continuation of collection of data about the accuracy of paid and denied UI claims, which is accomplished through the BAM survey. The Department's BAM information collection authority, under Office of Management and Budget (OMB) number 1205-0245, is scheduled to expire on December 31, 2015.

Federal Register, Volume 80 Issue 93 (Thursday, May 14, 2015)
[Federal Register Volume 80, Number 93 (Thursday, May 14, 2015)]
[Notices]
[Pages 27705-27706]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11646]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration


Comment Request for Information Collection for OMB 1205-0245, 
Unemployment Insurance (UI) Benefit Accuracy Measurement (BAM), 
Extension Without Revisions

AGENCY: Employment and Training Administration (ETA), Labor.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Department of Labor (Department), as part of its 
continuing effort to reduce paperwork and respondent burden, conducts a 
preclearance consultation program to provide the 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 [44 U.S.C. 3506(c)(2)(A)]. This program helps 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, ETA is soliciting comments concerning the continuation 
of collection of data about the accuracy of paid and denied UI claims, 
which is accomplished through the BAM survey. The Department's BAM 
information collection authority, under Office of Management and Budget 
(OMB) number 1205-0245, is scheduled to expire on December 31, 2015.

DATES: Written comments must be submitted to the office listed in the 
addresses section below on or before July 13, 2015.

ADDRESSES: Send written comments to Dennis Austin, Office of 
Unemployment Insurance, Room S-4524, Employment and Training 
Administration, U.S. Department of Labor, 200 Constitution Avenue NW., 
Washington, DC 20210. Telephone number: 202-693-3056 (this is not a 
toll-free number). Individuals with hearing or speech impairments may 
access the telephone number above via TTY by calling the toll-free 
Federal Information Relay Service at 1-877-889-5627 (TTY/TDD). Email: 
[email protected]. To obtain a copy of the proposed information 
collection request (ICR), please contact the person listed above.

SUPPLEMENTARY INFORMATION:

I. Background

    Since 1987, all State Workforce Agencies (SWAs) except the U.S. 
Virgin Islands have been required by regulation at 20 CFR part 602 to 
operate BAM programs to assess the accuracy of their UI benefit 
payments in three programs: State UI, Unemployment Compensation for 
Federal Employees (UCFE), and Unemployment Compensation for Ex-
servicemembers (UCX). Beginning in 2001, BAM was modified to include 
the sampling and investigation of UI claims denied for monetary, 
separation, or nonseparation issues.
    BAM is one of the tools the Department uses to measure and reduce 
waste, fraud, and abuse in the UI program. By investigating small 
representative weekly samples of both paid and denied UI claims, each 
state is able to estimate reliably the number and dollar value of 
proper and improper payments; the number of proper and improper denials 
of claims for UI benefits; the rates of occurrence of these proper and 
improper payments and denials; and the error types, error causes, and 
the parties that are responsible for the errors.
    Paid Claims Accuracy (PCA). Each week SWAs select random samples of 
both intrastate and interstate original payments (including combined 
wage claims) made for a week of UI benefits under the State UI, UCX or 
UCFE programs. A sample of 360 cases per year is pulled in the ten 
states with the smallest UI program workloads (defined as the average 
annual UI weeks paid during the last five years) and 480 cases per year 
in the other states. State BAM staff audit each selected claim, 
examining all aspects of a claimant's eligibility to receive UI 
benefits during the sampled week. The findings are entered into an 
automated database that is maintained on a computer located in each 
state.
    Denied Claims Accuracy (DCA). Each week states select random 
samples from three separate sampling frames constructed from the 
universes of UI claims for which eligibility was denied for monetary, 
separation and nonseparation reasons. All states sample a minimum of 
150 cases of each denial type in each calendar year. State BAM staff 
review agency records and contact claimants, employers, and all other 
relevant parties to verify information in agency records or obtain 
additional information pertinent to the determination that denied 
eligibility for UI benefits. Unlike the investigation of paid claims, 
in which all prior determinations affecting claimant eligibility for 
the compensated week selected for the sample are evaluated, the 
investigation of denied claims is limited to the issue upon which the 
denial determination is based. The findings are entered into an 
automated database that is maintained on a computer located in each 
state.
    The Department maintains a database of each state's BAM paid and 
denied claims cases, minus any personally identifying information. The 
Department uses BAM data to measure state performance with respect to 
UI payment integrity and to meet the Department's reporting 
requirements of the Improper Payments Information Act

[[Page 27706]]

of 2002 (IPIA), the Improper Payments Elimination and Recovery Act of 
2010 (IPERA), and the Government Performance and Results Act (GPRA). 
The Department also relies heavily on BAM data for information on UI 
operations, such as claims filing method, UI wage replacement rates, 
and claimant characteristics. The results of the BAM survey are 
reported annually on the ETA Web site at the following link: http://oui.doleta.gov/unemploy/.

II. Review Focus

    The Department is particularly interested in comments which:
     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.

III. Current Actions

    Type of Review: Extension without revisions.
    Title: Unemployment Insurance Benefit Accuracy Measurement.
    OMB Number: 1205-0245.
    Affected Public: State Workforce Agencies (Primary), individuals, 
businesses, and not-for-profit institutions.
    Form(s): BAM State Operations Handbook (ET Handbook 395, 5th 
edition).
    Total Annual Respondents: 179,145.2.
    Annual Frequency: BAM samples are selected weekly; the BAM data 
collection instrument is updated continuously as the audits are 
conducted.
    Average Time per Response: 10.09 hours per investigation. This 
estimate is a weighted average.
    Estimated Total Annual Burden Hours: 476,013.2.
    Total Annual Burden Cost for Respondents: $18,870,582.59.

                      BAM PCA/DCA Data Annual Collection Burden per State Workforce Agency
----------------------------------------------------------------------------------------------------------------
                                                     Monetary       Separation    Non-separation
                                    Paid claims    denied claims   denied claims   denied claims       Total
----------------------------------------------------------------------------------------------------------------
Cases...........................           * 457             150             150             150             907
Respondents/Case................            4.65            3.10            3.10             2.6            3.80
Hours/Case......................           12.59            7.85            7.85            6.97           10.09
    Total Respondents...........          2125.1             465             465             390         3445.10
                                 -------------------------------------------------------------------------------
    Total Hours.................          5753.6          1177.5          1177.5         1045. 5          9154.1
----------------------------------------------------------------------------------------------------------------
* Average for all 52 State Workforce Agencies (SWAs). The 10 smallest states in terms of UI weeks paid sample at
  the rate of 360 cases per year; the other 42 states sample at the rate of 480 cases per year.
52 SWAs x 3,445.1 respondents = 179,145.2 respondents.
52 SWAs x 9,154.1 hours = 476,013.2 hours.


                                     Annual PCA/DCA Total Cost by Respondent
----------------------------------------------------------------------------------------------------------------
              Cost summary                   Paid claims      Denied claims    Cost per state     Cost--52 SWAs
----------------------------------------------------------------------------------------------------------------
SWA Staff...............................       $208,317.97       $135,142.56       $343,460.53    $17,859,947.56
Claimants...............................          3,313.25             2,463           128,076           300,365
Employers + 3rd Parties.................         20,402.67          5,015.34         25,418.01      1,321,720.67
    Total All Costs.....................        224,901.94        137,994.18        485,195.87     18,870,582.59
----------------------------------------------------------------------------------------------------------------

    We will summarize and/or included in the request for OMB approval 
of the ICR, the comments received in response to this comment request; 
they will also become a matter of public record.

Portia Wu,
Assistant Secretary for Employment and Training, Labor.
[FR Doc. 2015-11646 Filed 5-13-15; 8:45 am]
BILLING CODE 4510-FW-P



                                                                             Federal Register / Vol. 80, No. 93 / Thursday, May 14, 2015 / Notices                                            27705

                                              DEPARTMENT OF JUSTICE                                   ACTION:   Notice.                                        BAM is one of the tools the
                                                                                                                                                            Department uses to measure and reduce
                                              Antitrust Division                                      SUMMARY:    The Department of Labor                   waste, fraud, and abuse in the UI
                                                                                                      (Department), as part of its continuing               program. By investigating small
                                              Notice Pursuant to The National                         effort to reduce paperwork and                        representative weekly samples of both
                                              Cooperative Research and Production                     respondent burden, conducts a                         paid and denied UI claims, each state is
                                              Act of 1993—Cloudfoundry.Org                            preclearance consultation program to                  able to estimate reliably the number and
                                              Foundation, Inc.                                        provide the public and Federal agencies               dollar value of proper and improper
                                                                                                      with an opportunity to comment on                     payments; the number of proper and
                                                 Notice is hereby given that, on April                proposed and/or continuing collections                improper denials of claims for UI
                                              16, 2015, pursuant to Section 6(a) of the               of information in accordance with the                 benefits; the rates of occurrence of these
                                              National Cooperative Research and                       Paperwork Reduction Act of 1995 [44                   proper and improper payments and
                                              Production Act of 1993, 15 U.S.C. 4301                  U.S.C. 3506(c)(2)(A)]. This program                   denials; and the error types, error
                                              et seq. (‘‘the Act’’), CloudFoundry.org                 helps ensure that requested data can be               causes, and the parties that are
                                              Foundation, Inc. (‘‘CFF’’) has filed
                                                                                                      provided in the desired format,                       responsible for the errors.
                                              written notifications simultaneously
                                                                                                      reporting burden (time and financial                     Paid Claims Accuracy (PCA). Each
                                              with the Attorney General and the
                                                                                                      resources) is minimized, collection                   week SWAs select random samples of
                                              Federal Trade Commission disclosing                     instruments are clearly understood, and               both intrastate and interstate original
                                              (1) the name and principal place of
                                                                                                      the impact of collection requirements on              payments (including combined wage
                                              business of the standards development
                                                                                                      respondents can be properly assessed.                 claims) made for a week of UI benefits
                                              organization and (2) the nature and                        Currently, ETA is soliciting comments              under the State UI, UCX or UCFE
                                              scope of its standards development                      concerning the continuation of                        programs. A sample of 360 cases per
                                              activities. The notifications were filed                collection of data about the accuracy of              year is pulled in the ten states with the
                                              for the purpose of invoking the Act’s                   paid and denied UI claims, which is                   smallest UI program workloads (defined
                                              provisions limiting the recovery of                     accomplished through the BAM survey.                  as the average annual UI weeks paid
                                              antitrust plaintiffs to actual damages                  The Department’s BAM information                      during the last five years) and 480 cases
                                              under specified circumstances.                          collection authority, under Office of                 per year in the other states. State BAM
                                                 Pursuant to Section 6(b) of the Act,                                                                       staff audit each selected claim,
                                                                                                      Management and Budget (OMB) number
                                              the name and principal place of                                                                               examining all aspects of a claimant’s
                                                                                                      1205–0245, is scheduled to expire on
                                              business of the standards development                                                                         eligibility to receive UI benefits during
                                                                                                      December 31, 2015.
                                              organization is: CloudFoundry.org                                                                             the sampled week. The findings are
                                              Foundation, Inc., San Francisco, CA.                    DATES: Written comments must be
                                                                                                      submitted to the office listed in the                 entered into an automated database that
                                              The nature and scope of CFF’s standards                                                                       is maintained on a computer located in
                                              development activities are: to establish                addresses section below on or before
                                                                                                      July 13, 2015.                                        each state.
                                              and sustain Cloud Foundry as the global                                                                          Denied Claims Accuracy (DCA). Each
                                              industry standard Platform-as-a-Service                 ADDRESSES: Send written comments to
                                                                                                                                                            week states select random samples from
                                              (‘‘PaaS’’) open source technology with a                Dennis Austin, Office of Unemployment                 three separate sampling frames
                                              thriving ecosystem; to deliver                          Insurance, Room S–4524, Employment                    constructed from the universes of UI
                                              continuous quality, value, and                          and Training Administration, U.S.                     claims for which eligibility was denied
                                              innovation to users, operators, and                     Department of Labor, 200 Constitution                 for monetary, separation and
                                              providers of Cloud Foundry technology                   Avenue NW., Washington, DC 20210.                     nonseparation reasons. All states sample
                                              and thereby promote the common                          Telephone number: 202–693–3056 (this                  a minimum of 150 cases of each denial
                                              business interests of such users,                       is not a toll-free number). Individuals               type in each calendar year. State BAM
                                              operators, and providers; and to provide                with hearing or speech impairments                    staff review agency records and contact
                                              a vibrant agile experience for the                      may access the telephone number above                 claimants, employers, and all other
                                              community’s contributors that delivers                  via TTY by calling the toll-free Federal              relevant parties to verify information in
                                              the highest quality cloud-native                        Information Relay Service at 1–877–                   agency records or obtain additional
                                              applications and software at high                       889–5627 (TTY/TDD). Email:                            information pertinent to the
                                              velocity with global scale.                             Austin.Dennis@dol.gov. To obtain a                    determination that denied eligibility for
                                                                                                      copy of the proposed information                      UI benefits. Unlike the investigation of
                                              Patricia A. Brink,                                      collection request (ICR), please contact              paid claims, in which all prior
                                              Director of Civil Enforcement, Antitrust                the person listed above.
                                              Division.                                                                                                     determinations affecting claimant
                                                                                                      SUPPLEMENTARY INFORMATION:                            eligibility for the compensated week
                                              [FR Doc. 2015–11611 Filed 5–13–15; 8:45 am]
                                                                                                                                                            selected for the sample are evaluated,
                                              BILLING CODE P                                          I. Background
                                                                                                                                                            the investigation of denied claims is
                                                                                                         Since 1987, all State Workforce                    limited to the issue upon which the
                                                                                                      Agencies (SWAs) except the U.S. Virgin                denial determination is based. The
                                              DEPARTMENT OF LABOR                                     Islands have been required by regulation              findings are entered into an automated
                                                                                                      at 20 CFR part 602 to operate BAM                     database that is maintained on a
                                              Employment and Training                                 programs to assess the accuracy of their              computer located in each state.
                                              Administration                                          UI benefit payments in three programs:                   The Department maintains a database
                                              Comment Request for Information                         State UI, Unemployment Compensation                   of each state’s BAM paid and denied
tkelley on DSK3SPTVN1PROD with NOTICES




                                              Collection for OMB 1205–0245,                           for Federal Employees (UCFE), and                     claims cases, minus any personally
                                              Unemployment Insurance (UI) Benefit                     Unemployment Compensation for Ex-                     identifying information. The
                                              Accuracy Measurement (BAM),                             servicemembers (UCX). Beginning in                    Department uses BAM data to measure
                                              Extension Without Revisions                             2001, BAM was modified to include the                 state performance with respect to UI
                                                                                                      sampling and investigation of UI claims               payment integrity and to meet the
                                              AGENCY:Employment and Training                          denied for monetary, separation, or                   Department’s reporting requirements of
                                              Administration (ETA), Labor.                            nonseparation issues.                                 the Improper Payments Information Act


                                         VerDate Sep<11>2014   17:59 May 13, 2015   Jkt 235001   PO 00000   Frm 00078   Fmt 4703   Sfmt 4703   E:\FR\FM\14MYN1.SGM   14MYN1


                                              27706                                     Federal Register / Vol. 80, No. 93 / Thursday, May 14, 2015 / Notices

                                              of 2002 (IPIA), the Improper Payments                                       • evaluate the accuracy of the                             OMB Number: 1205–0245.
                                              Elimination and Recovery Act of 2010                                      agency’s estimate of the burden of the                       Affected Public: State Workforce
                                              (IPERA), and the Government                                               proposed collection of information,                        Agencies (Primary), individuals,
                                              Performance and Results Act (GPRA).                                       including the validity of the                              businesses, and not-for-profit
                                              The Department also relies heavily on                                     methodology and assumptions used;                          institutions.
                                              BAM data for information on UI                                              • enhance the quality, utility, and
                                                                                                                                                                                     Form(s): BAM State Operations
                                              operations, such as claims filing                                         clarity of the information to be
                                                                                                                                                                                   Handbook (ET Handbook 395, 5th
                                              method, UI wage replacement rates, and                                    collected; and
                                                                                                                          • minimize the burden of the                             edition).
                                              claimant characteristics. The results of
                                              the BAM survey are reported annually                                      collection of information on those who                       Total Annual Respondents: 179,145.2.
                                              on the ETA Web site at the following                                      are to respond, including through the                        Annual Frequency: BAM samples are
                                              link: http://oui.doleta.gov/unemploy/.                                    use of appropriate automated,                              selected weekly; the BAM data
                                                                                                                        electronic, mechanical, or other                           collection instrument is updated
                                              II. Review Focus                                                          technological collection techniques or                     continuously as the audits are
                                                The Department is particularly                                          other forms of information technology,                     conducted.
                                              interested in comments which:                                             e.g., permitting electronic submissions                      Average Time per Response: 10.09
                                                                                                                        of responses.                                              hours per investigation. This estimate is
                                                • Evaluate whether the proposed
                                              collection of information is necessary                                    III. Current Actions                                       a weighted average.
                                              for the proper performance of the                                            Type of Review: Extension without                         Estimated Total Annual Burden
                                              functions of the agency, including                                        revisions.                                                 Hours: 476,013.2.
                                              whether the information will have                                            Title: Unemployment Insurance                             Total Annual Burden Cost for
                                              practical utility;                                                        Benefit Accuracy Measurement.                              Respondents: $18,870,582.59.

                                                                             BAM PCA/DCA DATA ANNUAL COLLECTION BURDEN PER STATE WORKFORCE AGENCY
                                                                                                                                                                                                     Non-separa-
                                                                                                                                                                 Monetary         Separation
                                                                                                                                                Paid                                                    tion
                                                                                                                                                                  denied           denied                                Total
                                                                                                                                               claims                                                  denied
                                                                                                                                                                  claims            claims             claims

                                              Cases ...................................................................................               * 457                150              150              150               907
                                              Respondents/Case ...............................................................                         4.65               3.10              3.10              2.6             3.80
                                              Hours/Case ..........................................................................                  12.59                7.85              7.85             6.97            10.09
                                                 Total Respondents ........................................................                         2125.1                 465               465             390           3445.10

                                                    Total Hours ...................................................................                 5753.6              1177.5          1177.5            1045. 5           9154.1
                                                * Average for all 52 State Workforce Agencies (SWAs). The 10 smallest states in terms of UI weeks paid sample at the rate of 360 cases per
                                              year; the other 42 states sample at the rate of 480 cases per year.
                                                52 SWAs × 3,445.1 respondents = 179,145.2 respondents.
                                                52 SWAs × 9,154.1 hours = 476,013.2 hours.

                                                                                                               ANNUAL PCA/DCA TOTAL COST BY RESPONDENT
                                                                                     Cost summary                                                     Paid claims          Denied claims       Cost per state       Cost—52 SWAs

                                              SWA Staff ........................................................................................          $208,317.97         $135,142.56          $343,460.53       $17,859,947.56
                                              Claimants .........................................................................................            3,313.25               2,463              128,076              300,365
                                              Employers + 3rd Parties ..................................................................                    20,402.67            5,015.34            25,418.01         1,321,720.67
                                                  Total All Costs ..........................................................................               224,901.94          137,994.18           485,195.87        18,870,582.59



                                                We will summarize and/or included                                       DEPARTMENT OF LABOR                                        and Federal agencies with an
                                              in the request for OMB approval of the                                                                                               opportunity to comment on proposed
                                              ICR, the comments received in response                                    Employment and Training                                    and/or continuing collection of
                                              to this comment request; they will also                                   Administration                                             information in accordance with the
                                              become a matter of public record.                                                                                                    Paperwork Reduction Act of 1995
                                                                                                                        Comment Request for Information
                                                                                                                                                                                   (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This
                                              Portia Wu,                                                                Collection Request for OMB 1205–
                                                                                                                                                                                   program helps to ensure that requested
                                              Assistant Secretary for Employment and                                    0154, Unemployment Insurance (UI)
                                                                                                                        Trust Fund Activities Reports,                             data can be provided in the desired
                                              Training, Labor.
                                                                                                                        Extension Without Revisions                                format, reporting burden (time and
                                              [FR Doc. 2015–11646 Filed 5–13–15; 8:45 am]
                                                                                                                                                                                   financial resources) is minimized,
                                              BILLING CODE 4510–FW–P                                                    AGENCY: Employment and Training                            collection instruments are clearly
                                                                                                                        Administration (ETA), Labor.                               understood, and the impact of collection
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                                        ACTION: Notice.                                            requirements on respondents can be
                                                                                                                                                                                   properly assessed.
                                                                                                                        SUMMARY:    The Department of Labor, as
                                                                                                                        part of its continuing effort to reduce                       Currently, ETA is soliciting comments
                                                                                                                        paperwork and respondent burden,                           concerning the continuation of the
                                                                                                                        conducts a preclearance consultation                       collection of data on UI Trust Fund
                                                                                                                        program to provide the general public                      Activities Reports. The current


                                         VerDate Sep<11>2014         17:59 May 13, 2015         Jkt 235001      PO 00000        Frm 00079      Fmt 4703   Sfmt 4703   E:\FR\FM\14MYN1.SGM   14MYN1



Document Created: 2015-12-15 15:33:11
Document Modified: 2015-12-15 15:33:11
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesWritten comments must be submitted to the office listed in the
FR Citation80 FR 27705 

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