final - 2501-0021 SS

Supporting Statement for Paperwork Reduction Act Submissions

Federal Labor Standards Payee Verification and Payment Processing

OMB Number # 2501-0021

1. Justification

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

HUD, State, Local and Tribal housing agencies administrating HUD-assisted programs must enforce Federal Labor Standards requirements, including the payment of prevailing wage rates to laborers and mechanics employed on HUD-assisted construction and maintenance work that is covered by these requirements. Enforcement activities include securing funds to ensure the payment of wage restitution that has been or may be found due to laborers and mechanics who were employed on HUD-assisted projects. Also, for the payment to the U.S. Treasury of liquidated damages that were assessed for violations of Contract Work Hours and Safety Standards Act (CWHSSA). If the labor standards discrepancies are resolved, HUD refunds associated amounts to the depositor. As underpaid laborers and mechanics are located, HUD sends wage restitution payments to the workers.

2. Indicate how, by whom and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

This collection is used by HUD to issue refunds to depositors or wage restitution payments to construction or maintenance workers; and to transfer funds to the U.S. Treasury for CHWSSA liquated damages and when workers cannot be found. HUD uses the banking information to process these payments; and collects the address for either mailing the restitution or verification of address, as required by the U.S. Treasury, who issues these payments on HUD’s behalf. The form is changed to include the address of payee and an update to the organizational name to Office of Davis-Bacon and Labor Standards.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques of other forms of information technology, e.g., permitting electronic submission of response, and the basis for the decision for adopting this means of collect. Also, describe any consideration of using information technology to reduce burden.

This form is available in a fillable PDF word and is a limited collection. These forms are sent via email to recipients and returned to HUD in the same manner. Any further consideration of using information technology will not reduce the burden for the respondents.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes

HUD does not collect this information at any other time.

5. If the collection of information impacts small businesses or other small entities (Item 5 of OMB Form 83-I) describe any methods used to minimize burden.

This form has limited number of spaces to fill out, and therefore the time burden is very small and does not adversely impact small businesses or other small entities.

6. Described the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

Depositors due refunds, and underpaid workers due wage restitution would not receive the payments to which they are entitled, a violation of 29 CFR 5.9 and 29 CFR 5.10.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

• requiring respondents to report information to the agency more than quarterly; NA

• requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it; NA

• requiring respondents to submit more than an original and two copies of any document; NA

• requiring respondents to retain records other than health, medical, government contract, grant-in-aid, or tax records for more than three years; NA

• in connection with a statistical survey, that is not designed to produce valid and relatable results than can be generalized to the universe of study; NA

• requiring the use of a statistical data classification that has not been reviewed and approved by OMB; NA

• that include a pledge of confidentiality that is not supported by authority established in statute or regulation; not supported by disclosure and data security policies that are consistent with the confidential us or; NA

• requiring respondents to submit proprietary trade secret, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information’s confidentiality to the extent permitted by law. NA

8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency’s notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.

The agency’s notice announcing this ^{collection of information appeared in the Federal} Register on January 6, 2020 (Volume 85, No. 3, Page 521^{). No comments were received.}

9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

The information sought in this collection is specifically for the purpose of making refunds or wage restitution payments. However, these are funds to which the payee is entitled. There are no other payments or gifts associated with this collection.

10. Describe any assurance of confidentiality provided to respondents and the basis for assurance in statute, regulation or agency policy.

The information provided by the respondents is considered confidential and is not disclosed outside of HUD except as authorized by the respondent or, as required by Department of Labor (DOL) regulations, to authorized representatives of the DOL; and to the U.S. Treasury to make refunds or payments to depositors or workers.

The Privacy Act of 1974 provided privacy protection to respondents.  There are no assurances of confidentiality provided.

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

HUD requires tax identification numbers as payee verification and to issue payments: employer identification numbers (for refunds); and Social Security Numbers (SSNs) for wage restitution payments. Wage restitution is income, subject to applicable income tax requirements. HUD must collect SSNs to report the income to the Internal Revenue Service and to provide filing information to the payee.

12. Provide estimates of the hour burden of the collection of information. The statement should:

• indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices;

• if this request covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens in Item 13 of OMB Form 83-I; and

• provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead this cost should be included in Item 13.

Information Collection	Number of Respondents	Frequency of Response	Responses per Annum	Total Burden Hours per Response	Burden Hours	Hourly Cost Per Response	Total Cost
4734 Deposit Voucher	15.00	1.00	15.00	.10	1.50	$43.71	$65.57
Total	15.00		15.00	.10	1.50	$43.71	$65.57

Hours estimated is based upon field staff experiences.

The cost per hour is based at GS 13 Step 1 from information provided by U.S. Office of Personnel Management at https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/2020/general-schedule/

This information is collected from mortgagors and contractors to determine the correct Davis-Bacon prevailing wage rate (s) for the projects under Federal Housing Administration loan programs.

13. Provide an estimate of the total annual cost burden to respondents or recordkeepers resulting from the collection of information (do not include the cost of any hour burden shown in Items 12 and 14).

• The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life); and (b) a total operation and maintenance purchase of services component. The estimates should consider costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors

• including system and technology acquisition, expected useful life of capital equipment, the discount rate(s) and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities;

• If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collection services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10) utilize the 60-day pre-OMB submission public comment

process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.

generally, estimates should not include purchases of equipment or services, or

portions thereof made: (1) prior to October 1, 1995, (2) to achieve regulatory

compliance with requirements not associated with the information collection, (3) for

reasons other than to provide information or keep records for the government, or (4)

as part of customary and usual business or private practices.

We do not estimate that there will be any additional costs to the Federal government for this information collection.

14. Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies also may aggregate cost estimates from Items 12, 13, and 14 in a single table.

Information Collection	Number of Respondents	Frequency of Response	Responses per Annum	Total Burden Hours per Response	Burden Hours	Hourly Cost Per Response	Total Cost
4734 Deposit Voucher	15.00	1.00	15.00	.10	1.50	$43.71	$65.57
Total	15.00		15.00	.10	1.50	$43.71	$65.57

Analysis of the worksheet. Estimate is based upon staff using a similar form. The cost per hour is based at GS 13 Step 1 from information provided by U.S. Office of Personnel Management at https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/2020/general-schedule/

15. Explain the reasons for any program changes or adjustments reported in Items 13 and 14 of the OMB Form 83-I.

This is a reinstatement of a collection.

16. For collection of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

The information gathered from this collection will not be published by HUD.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

HUD is not seeking approval to avoid displaying the expiration data for this information collection.

18. Explain each exception to the certification statement identified in item 19.

There are no exceptions to the Certification Statement identified in item 19 of the OMB 83-I. The certification provisions identified in items a through j have been satisfied within this supporting statement, therefore there are no exception to the certification statement.

B. Collections of Information Employing Statistical Methods

There are no statistical methods used in this collection.