[Federal Register Volume 87, Number 36 (Wednesday, February 23, 2022)]
[Notices]
[Pages 10244-10246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03765]


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DEPARTMENT OF LABOR

Employment and Training Administration


Agency Information Collection Activities; Comment Request; 
Benefit Accuracy Measurement (BAM) Program

ACTION: Notice.

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[[Page 10245]]

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, ``Benefit Accuracy Measurement (BAM) Program.'' 
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 
April 25, 2022.

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 Rhonda Cowie by telephone at 301-693-3821 (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#a6c5c9d1cfc388d4cec9c8c2c788cbe6c2c9ca88c1c9d0"><span class="__cf_email__" data-cfemail="690a061e000c471b0106070d084704290d0605470e061f">[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, Employment and 
Training Administration, Office of Unemployment Insurance, Room S-4520, 
200 Constitution Avenue NW, Washington, DC 20210, by email at 
<a href="/cdn-cgi/l/email-protection#b4d7dbc3ddd19ac6dcdbdad0d59ad9f4d0dbd89ad3dbc2"><span class="__cf_email__" data-cfemail="f69599819f93d8849e99989297d89bb692999ad8919980">[email protected]</span></a>, or by Fax at 202-693-3975.

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.
    Since 1987, all State Workforce Agencies (SWA), 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 unemployment 
insurance (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 DOL uses to measure and reduce improper 
payments in the UI program. By investigating small representative 
weekly samples of both paid and denied UI claims, each SWA calculates a 
reliable estimate of 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. 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, and 
UCFE programs. A sample of 360 cases per year are pulled in the 10 SWAs 
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 SWA. SWA 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 SWA.
    Denied Claims Accuracy (DCA). Each week, SWAs 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 SWAs sample a minimum of 150 cases of 
each denial type in each calendar year. SWA BAM staff members 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 SWA.
    DOL maintains a database of each SWA's BAM paid and denied claims 
cases, minus any personally identifying information. DOL uses BAM data 
to measure SWA performance with respect to UI payment integrity and to 
meet the DOL's reporting requirements of the Payment Integrity 
Information Act of 2019 and the Government Performance and Results Act. 
DOL 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 website at the following link: https://oui.doleta.gov/unemploy/bqc.asp. The Payment Integrity Information Act of 2019 (31 U.S.C. 3352) 
and Section 303(a)(6) of the Social Security Act 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 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 OMB Control Number 
1205-0245. 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

[[Page 10246]]

other forms of information technology, (e.g., permitting electronic 
submission of responses).
    Agency: DOL-ETA.
    Type of Review: Extension without changes.
    Title of Collection: Unemployment Insurance Benefit Accuracy 
Measurement.
    Form: BAM State Operations Handbook (ET Handbook 395, 5th edition).
    OMB Control Number: 1205-0245.
    Affected Public: State Workforce Agencies (Primary), individuals, 
businesses, and not-for-profit institutions.
    Estimated Number of Respondents: 181,633.
    Frequency: Varies.
    Total Estimated Annual Responses: 228,745.
    Estimated Average Time per Response: Varies.
    Estimated Total Annual Burden Hours: 618,084 hours.
    Total Estimated Annual Other Cost Burden: $0.

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

Angela Hanks,
Acting Assistant Secretary for Employment and Training, Labor.
[FR Doc. 2022-03765 Filed 2-22-22; 8:45 am]
BILLING CODE 4510-FW-P


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