Evaluation of SSA Section 303k

Forms and Documents

Document Name	Status
Form ETA - 9137 Evaluation of Satte Implementation of Section 303(k) Form and Instruction	New
Supporting Statement March 8 2007.doc Supporting Statement A	0000-00-00

IC Document Collections

IC ID	Document Title	Status
178938	Evaluation of Satte Implementation of Section 303(k) Form and Instruction	New

ICR Details

OMB Control No: 1205-0463	ICR Reference No: 200702-1205-006
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: DOL/ETA	Agency Tracking No:
Title: Evaluation of SSA Section 303k
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 03/16/2007
OIRA Conclusion Action: Approved without change	Conclusion Date: 05/02/2007
	Date Received in OIRA: 03/08/2007
Terms of Clearance: Ready to approve on Day 30.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2007	6 Months From Approved
Responses	53	0	0
Time Burden (Hours)	106	0	0
Cost Burden (Dollars)	3,749	0	0

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Abstract: The SUTA Dumping Prevention Act of 2004 requires the Secretary of Labor to conduct a study of state implementation of section 303(k) of the SSA and to assess the status and appropriateness of state actions to meet the new requirements contained therein. The Secretary of Labor is to report back to Congress no later than July 15, 2007, with the findings of the study and recommendations for any Congressional action considered necessary to improve the effectiveness of section 303(k) of the SSA. The analysis will form the basis of future guidance and best practices for states.

Emergency Justfication: Justification for Emergency Approval On August 9, 2004, Public Law (P.L.) 108-295, the “SUTA Dumping Prevention Act of 2004” was enacted; it amended section 303(k) of the Social Security Act (SSA) by establishing a minimum nationwide standard for curbing a unemployment compensation tax rate manipulation schemes known as State Unemployment Tax Act (SUTA) dumping and requires the Secretary of Labor to conduct a study of state implementation and report to Congress by July 15, 2007 at section 2, F(b)(1). In December 2006, ETA published the PRA 60 day Federal Register Notice to start the process for OMB approval of the survey. Two comments were received; the comments and the agency’s responses are incorporated in the Supporting Statement. Now ETA requests emergency approval, to enable ETA’s contractor to distribute, collect, and analyze the state survey results in time for the completed study to be cleared and to meet the July 15, 2007 statutorily mandated submission date. Reason for Delay: In August and October 2004, the Employment and Training Administration (ETA) issued guidance to states on state law requirements to conform to the new Federal Law. In 2005, states began to enact SUTA dumping legislation to conform to Federal requirements, and subsequently began to institute detection systems. The detection systems were needed before the survey could be designed and conducted. ETA awarded a contract in June 2006 to design and implement the survey. Once the survey was designed, the internal approval system for the design took several months; consequently the 60 day FRN was not published until December 2006, and the contractor needs the remaining time before the statutory July 15 deadline to execute and report on the study.

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Authorizing Statute(s): PL: Pub.L. 108 - 295 303k Name of Law: Social Security Act
  

Citations for New Statutory Requirements: PL: Pub.L. 108 - 295 303(k) Name of Law: Social Security Act

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	71 FR 243	12/19/2006
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Evaluation of Satte Implementation of Section 303(k)	ETA - 9137	Evaluation of State Implementation of Section 303(k)

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	53	0	0	53	0	0
Annual Time Burden (Hours)	106	0	0	106	0	0
Annual Cost Burden (Dollars)	3,749	0	0	3,749	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The collection of this information is necessary to examine state implementation of Section 303(k) of the Social Security Act, as amended in 2004, to determine (1) the status and effectiveness of state actions to meet the requirement of the law and operation guidance, and (2) whether the Secretary of Labor should recommend revisions to the law.

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Annual Cost to Federal Government: $166,657

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 03/08/2007

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