Audit Report — COVID-19: States Struggled to Implement CARES Act UI Programs (DOL OIG, May 28, 2021)

Summary

Audit report number 19-21-004-03-315 of the U.S. Department of Labor Office of Inspector General, issued May 28, 2021 to the Employment and Training Administration, titled COVID-19: States Struggled to Implement CARES Act Unemployment Insurance Programs. The report states that DOL and states struggled to implement three key CARES Act UI programs, PUA, PEUC and FPUC, and that federal funding to states for them was $392 billion as of January 2, 2021. It states that from passage of the CARES Act to the first payment of a claim took on average 50 days for PEUC, 38 days for PUA and 25 days for FPUC. It estimates at least $39.2 billion in improper payments, including fraud, were at risk of not being detected, and states that OIG made four recommendations to ETA.

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“Audit Report — COVID-19: States Struggled to Implement CARES Act UI Programs (DOL OIG, May 28, 2021).” Original at www.oig.dol.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/073-19-21-004-03-315-719ddcc57b/, SHA-256 d954394e2475405c01ca2dae05253a0677e4cfe786d7babcc34ce05798774e67.

Full text

REPORT TO THE EMPLOYMENT
AND TRAINING ADMINISTRATION

COVID-19: STATES STRUGGLED TO
IMPLEMENT CARES ACT
UNEMPLOYMENT INSURANCE
PROGRAMS

DATE ISSUED: MAY 28, 2021
REPORT NUMBER: 19-21-004-03-315
U.S. Department of Labor WHAT OIG FOUND
Office of Inspector General
Audit DOL and states struggled to implement the three
key CARES Act UI programs. Specifically, DOL’s
guidance and oversight did not ensure states
implemented the programs and paid benefits
BRIEFLY… promptly; performed required and recommended
improper payment detection and recovery
COVID-19: STATES STRUGGLED TO activities; and reported accurate and complete
IMPLEMENT CARES ACT UNEMPLOYMENT program activities. This occurred primarily
INSURANCE PROGRAMS because states’ information technology systems
were not modernized, staffing resources were
May 28, 2021 insufficient to manage the increased number of
new claims, and according to state officials,
WHY OIG CONDUCTED THE AUDIT guidance from ETA was untimely and unclear. We
based this on the following:
On March 27, 2020, Congress passed the
Coronavirus Aid, Relief, and Economic Security States had difficulty ensuring programs were
(CARES) Act with the intent of providing implemented and claimants were paid promptly.
expanded Unemployment Insurance (UI) benefits From passage of the CARES Act to the first
to workers who were unable to work as a direct payment of a claim it took on average: 50 days for
result of the COVID-19 pandemic. The expanded the PEUC program, 38 days for the PUA program,
UI benefits required the Employment and Training and 25 days for the FPUC program. The 12 states
Administration (ETA) to implement major changes we selected for in-depth analysis were generally
to the existing UI system. unable to demonstrate they met the payment
promptness standard ETA established for regular
This audit focused on the Department of Labor’s UI payments – pay 87 percent of claimants within
(DOL) and states’ implementation of the three key 14 or 21 days.
new UI programs that posed the greatest risk for
fraud, waste, and abuse: Pandemic Moreover, many states did not perform required
Unemployment Assistance (PUA), Pandemic and recommended improper payment detection
Emergency Unemployment Compensation and recovery activities: 40 percent of states did
(PEUC), and Federal Pandemic Unemployment not perform required cross-matches and 38
Compensation (FPUC). As of January 2, 2021, percent did not perform required recovery
federal funding to states for these three UI activities.
programs was $392 billion.
Furthermore, 42 percent of states did not report
WHAT OIG DID CARES Act UI program overpayments to ETA as
required. States that did report overpayments,
We conducted this performance audit to answer understated the total amount reported by an
the following question: estimated 89 percent.

How did DOL and states implement the key UI As a result, unemployed individuals experienced
programs of the CARES Act? financial hardships due to delays in receiving
benefits. As of January 2, 2021, we estimated at
To answer this question, we reviewed the states’ least $39.2 billion in improper payments, including
initial and continued eligibility determinations, fraud, were at risk of not being detected and
improper payment detection strategies, and recovered, and could have been put to better use.
compliance with ETA oversight requirements.
WHAT OIG RECOMMENDED
READ THE FULL REPORT
We made four recommendations to ETA to improve
https://www.oig.dol.gov/public/reports/oa/2021/19- management oversight of the UI program. ETA
21-004-03-315.pdf agreed with our recommendations and indicated the
agency has already taken action to implement some
of the recommendations.
U.S. Department of Labor – Office of Inspector General

TABLE OF CONTENTS

INSPECTOR GENERAL’S REPORT .................................................................... 1

RESULTS ............................................................................................................. 3

STATES FACED CHALLENGES ENSURING PROGRAMS WERE
IMPLEMENTED AND CLAIMANTS WERE PAID TIMELY ........................ 4

STATES DID NOT PERFORM REQUIRED AND RECOMMENDED
IMPROPER PAYMENT DETECTION AND RECOVERY
ACTIVITIES................................................................................................ 8

STATES REPORTED INACCURATE AND INCOMPLETE
OVERPAYMENT, FRAUDULENT PAYMENT, AND CLAIMS DATA ....... 12

CONCLUSION .................................................................................................... 20

OIG’S RECOMMENDATIONS ............................................................................ 20

SUMMARY OF ETA’S RESPONSE ......................................................... 21

EXHIBIT 1: STATES SELECTED FOR IN-DEPTH ANALYSIS .......................... 22

EXHIBIT 2: CARES ACT IMPLEMENTATION BY STATE ................................. 23

EXHIBIT 3: REQUIRED AND RECOMMENDED BENEFIT PAYMENT
CONTROL ACTIVITIES ...................................................................................... 25

EXHIBIT 4: REPORTNG INSTRUCTION FOR THE FPUC, PUA, AND PEUC .. 26

EXHIBIT 5: STATE REPORTED BENEFITS, OVERPAYMENTS, FRAUD,
OVERPAYMENT RATE, AND FRAUD RATE .................................................... 27

EXHIBIT 6: FUNDS FOR BETTER USE ............................................................. 28

APPENDIX A: SCOPE, METHODOLOGY, & CRITERIA .................................... 29

APPENDIX B: AGENCY’S RESPONSE TO THE REPORT ............................... 32

APPENDIX C: ACKNOWLEDGEMENTS ........................................................... 37

-i-
U.S. Department of Labor Office of Inspector General
Washington, D.C. 20210

INSPECTOR GENERAL’S REPORT

Suzan G. LeVine
Principal Deputy Assistant Secretary
for Employment and Training
U.S. Department of Labor
200 Constitution Ave, NW
Washington, DC 20210

This report presents the results of the Office of Inspector General’s (OIG) audit of
the Employment and Training Administration’s (ETA) oversight and
administration of states’ initial implementation of the Coronavirus Aid, Relief, and
Economic Security (CARES) Act’s Unemployment Insurance (UI) programs.

On March 27, 2020, Congress passed the CARES Act with the intent of providing
expanded UI benefits to workers who were unable to work as a direct result of
the COVID-19 pandemic, including the creation of the Pandemic Unemployment
Assistance (PUA) program for individuals not traditionally eligible for such
benefits. The expanded UI benefits required the ETA to implement major
changes to the existing UI system.

This audit focused on the Department of Labor’s (DOL) and states’
implementation of the three new key UI programs that posed the greatest risk for
fraud, waste, and abuse: PUA, Pandemic Emergency Unemployment
Compensation (PEUC), and Federal Pandemic Unemployment Compensation
(FPUC). As of January 2, 2021, federal funding to states for these three UI
programs was $392 billion.

We conducted this performance audit to answer the following question:

How did DOL and states implement the key UI programs of the CARES
Act?

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To answer this question, of the 59 states 1 designated as such by the CARES Act,
we selected 12 high-risk states for in-depth analysis. See Exhibit 1 for a list of the
selected states. The other 47 states not selected were asked to complete survey
questionnaires. We assessed the states’ efforts to implement the new UI
programs, determine initial and continued eligibility, detect improper payments,
and comply with ETA oversight requirements from March 27, 2020, to July 31,
2020. Specifically, we examined states’ agreements, program funding, UI
payment data, fraud prevention and detection plans, and implementation
challenges. We also examined and assessed ETA’s guidance, plans for
information technology (IT) assistance, and oversight.

Background

Each state administers a separate UI program under its laws, but within
guidelines established under federal law. DOL’s ETA is responsible for providing
direction and oversight for the UI system nationwide. The CARES Act created
major changes to existing UI coverage, including establishing three new key
programs.

• The PUA program extended UI benefits to individuals who were not
traditionally eligible for UI benefits until December 31, 2020. This includes
self-employed workers, independent contractors, those with limited work
history, and others.

• The PEUC program provided up to an additional 13 weeks of
unemployment compensation to individuals who had exhausted their
regular unemployment benefits until December 31, 2020.

• The FPUC program provided a supplemental payment of $600 per week
to individuals receiving traditional and non-traditional UI benefits until July
31, 2020.

The COVID-19 pandemic was historic in its impact on the UI system. This report
reflects states’ experiences and situations during the audit period and focuses
specifically on the challenges states faced in implementing the CARES Act. ETA
officials reported that states faced the combined challenges of (1) managing and
processing an unprecedented increase in claims volume at an unprecedented
pace, (2) making the statutory changes to existing UI programs, and (3)
implementing the three new key CARES Act UI programs. In addition, states had
to develop new systems in order to implement the new programs that resulted in
backlogs in processing claims for weeks and, in some cases, months.

1
According to the CARES Act, the term “state” includes the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, America Samoa, the Commonwealth of
the Northern Mariana Islands, the Federated States of Micronesia, the Republic of the Marshall
Islands, and the Republic of Palau.
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Furthermore, states reported being particularly challenged with the
implementation of the PUA program that served claimants not traditionally
eligible for regular UI benefits, with new eligibility requirements.

Prior to the pandemic, the UI programs saw historically low unemployment
claims. Initial claims for federal and state programs rose to 10 times pre-
pandemic levels within two to three weeks, far higher than state systems were
designed to handle.

As of July 31, 2020, states had drawn down a total of $284 billion to pay UI
benefits for the three new programs. As of January 2, 2021, that amount had
grown to approximately $392 billion, which was 98 percent of the total funding
drawn down and reported for all CARES Act programs as shown in Table 1.

Table 1: Programs with Highest To Lowest Cares Act Funding Drawn Down
Through January 2, 2021

Source: ETA reported data.

RESULTS

DOL and states struggled to implement the three key CARES Act UI programs.
Specifically, DOL’s guidance and oversight did not ensure states implemented
the programs and paid benefits promptly; performed required and recommended
improper payment detection and recovery activities; and reported accurate and
complete program activities. This occurred primarily because states’ IT systems
were not modernized, staffing resources were insufficient to manage the
increased number of new claims, and according to state officials, guidance from
ETA was untimely and unclear. We based this on the following:

• States had difficulty ensuring programs were implemented and claimants
were paid promptly. From passage of the CARES Act to the first payment
of a claim it took on average:
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o 50 days for the PEUC program,
o 38 days for the PUA program, and
o 25 days for the FPUC program.

• The 12 states we selected for in-depth analysis were generally unable to
demonstrate they met the payment promptness standard ETA established
for regular UI payments – pay 87 percent of claimants within 14 or 21
days.

• Many states did not perform required and recommended improper
payment detection and recovery activities: 40 percent of states did not
perform required cross-matches and 38 percent did not perform required
recovery activities.

• Forty-two percent of states did not report CARES Act UI program
overpayments to ETA as required. States that did report overpayments,
understated the total amount reported by an estimated 89 percent.

As a result, unemployed individuals experienced financial hardships due to
delays in receiving benefits. As of January 2, 2021, based on a conservative
improper payment 2 rate of 10 percent, we estimated, at least $39.2 billion in UI
improper payments – including fraud – was at risk of not being detected and
recovered, and could have been put to better use. Estimates for the CARES Act
and its related extensions 3 range up to $872.5 billion 4; therefore by program end,
$87.3 billion in UI benefits could be paid improperly.

STATES FACED CHALLENGES ENSURING
PROGRAMS WERE IMPLEMENTED AND
CLAIMANTS WERE PAID TIMELY

Fifty-three of the 59 states signed an agreement with DOL to participate in PUA,
PEUC, and FPUC within two days of the CARES Act’s passage. The other six
states entered into agreements to participate in PUA and FPUC by April 10,

2
The statutory definition of an improper payment is “any payment that should not have been
made or that was made in an incorrect amount under statutory, contractual, administrative, or
other legally applicable requirements; and includes any payment to an ineligible recipient ....”
3
Presidential Memorandum Authorizing the Other Needs Assistance Program for Major Disaster
Declarations Related to Coronavirus Disease 2019 (COVID19) - Lost Wages Assistance (LWA),
Consolidated Appropriations Act, 2021, specifically Division N, Title II, Subtitle A, the Continued
Assistance for Unemployed Workers Act of 2020, and American Rescue Plan Act of 2021 (ARPA)
(Public Law 117-2), specifically Title IX, Subtitle A, Crisis Support for Unemployed Workers.
4
Estimate is for UI benefits only and does not include funding provided for program
administration.

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2020. However, standing up the new programs to rapidly deliver COVID-19 relief
funds and promptly getting the first UI benefit payment to individuals in need was
challenging for states.

STATES WERE CHALLENGED TO IMPLEMENT THE
NEW UI PROGRAMS RAPIDLY

Federal guidance issued by the Office of Management and Budget (OMB) on
April 10, 2020, required agencies to prioritize expediency, which OMB defined as
the rapid issuance of awards to meet crucial needs. 5 However, 52 states 6
reported that from passage of the Act to the first payment of a claim took on
average 38 days for the PUA program and 25 days for the FPUC program.
Additionally, 49 states 7 reported payment took on average 50 days for the PEUC
program, which was not available in all states.

More specifically, the days that states took to implement a CARES Act program
ranged from 3 days to 111 days. Table 2 groups the number of states for each
respective program from passage of the CARES Act to the first payment of a
claim.

Table 2: Days to Implement CARES Act Programs

Source: OIG analysis of information provided by state officials.

Most states took more than 30 days to implement the PUA and PEUC programs
or more than a typical billing cycle, which is an unreasonable length of time for UI
claimants experiencing financial hardships as they struggled to pay bills and
satisfy basic needs, such as food and housing. See Exhibit 2 for details as to
CARES Act implementation by states.

5
OMB Memorandum 20-21, Implementation Guidance for Supplemental Funding Provided in
Response to the Coronavirus Disease 2019 (April 10, 2020).
6
Based on 59 states sampled or surveyed: 52 of 59 (88 percent) responded for PUA and FPUC.
7
Based on 59 states sampled or surveyed: 49 of 59 (83 percent) responded for PEUC.

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STATES WERE CHALLENGED TO PAY CLAIMANTS
PROMPTLY

ETA’s performance standard 8 for the regular UI program requires states to
ensure 87 percent of regular UI claimants receive their initial benefit payments
within 14 days in states with a waiting week, 9 and no more than 21 days in states
with no waiting week. We used this performance standard as a basis to analyze
the timeliness of benefits payments for the CARES Act UI programs. Our 12
sampled states did not have a waiting week. 10

For the 9.5 million PUA claims approved for payment by our 12 sampled states, 9
states were not able to pay 87 percent of the initial claims within 21 days, while 3
states – Georgia, New Jersey, and Texas 11 – were unable to provide supporting
data – for the period of March 27, 2020, through July 31, 2020 (see Chart 1).

Chart 1: Sampled States That Met the 21-Day Payment Standard

Source: OIG analysis of data provided by state officials.

8
As the CARES Act programs are temporary, ETA did not apply the 14-day or 21-day standard to
them. However, since this is the standard DOL uses for the timeliness of regular UI payments, we
used it for our analysis to provide context as to the performance of states.
9
Most states require that an individual, who is otherwise eligible for UI benefits, must first serve a
waiting period (generally one week) prior to receiving benefits in a particular benefit year.
Therefore, the second week claimed is the first week of payment.
10
Almost all states have a waiting week, but during the COVID-19 pandemic, states waived the
waiting week.
11
Texas provided data, however, due to the format of the data set, we were unable to readily test
the state’s timeliness.

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For the PEUC program, only 2 of the 12 sampled states – Illinois and New York –
paid 87 percent of their claimants within the 21-day timeframe. Four sampled
states – Georgia, New Jersey, Texas, and Washington – were unable to provide
data to support the timeliness of payments for PEUC.

Further, for the FPUC program ($600 per payment) that was primarily delivered
under the regular UI program (26.8 million claims or $283 billion), only one of our
12 sampled states – Illinois – met the timeliness standard. Three sampled states
– Georgia, New Jersey, and Texas 12 – were unable to provide data to support
the timeliness of payments for FPUC.

DELAYS IN PAYMENTS DETRIMENTALLY
AFFECTED MILLIONS OF CLAIMAINTS

The delays in implementing CARES Act UI programs and untimely UI benefit
payments resulted in millions of Americans waiting weeks to months for their first
unemployment checks. Numerous news media outlets reported on the impact
these delays had on UI claimants, as shown in Figure 1.

Figure 1: Issues Caused by Delays in Providing Unemployment Benefits

Source: Aggregated information from media reports.

Specific examples include a news report where a claimant lost his home and car
by the time he received payment. 13 Another news agency reported that a

12
Texas provided data, however, due to the format of the data set, we were unable to readily test
the state’s timeliness.
13
Henderson, Tim. "Unemployment Payments Weeks Late in Nearly Every State." Stateline, an
initiative of The Pew Charitable Trusts. The Pew Charitable Trusts, December 2, 2020.

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claimant said the delay in UI payments meant his family could only afford to eat
the “bare minimum” needed to sustain themselves. 14

STATES DID NOT PERFORM REQUIRED AND
RECOMMENDED IMPROPER PAYMENT
DETECTION AND RECOVERY ACTIVITIES

In our CARES Act UI Advisory Report of April 21, 2020, 15 we underscored how
states needed to establish controls to detect improper payments if preventative
controls failed, as well as processes to ensure they recovered any overpayments
detected. The results of the current audit confirmed that the issues we had raised
in the Advisory Report were cause for concern. ETA requires states to perform
certain Benefit Payment Control (BPC) activities and recommends they perform
other activities to detect and recover improper payments for CARES Act UI
programs. However, responses from 50 states 16 revealed that states did not
perform the required or recommended cross-matches and recovery activities,
which could have prevented improper payments, including fraud.

STATES DID NOT PERFORM REQUIRED AND
RECOMMEDED BPC CROSS-MATCHES

In May 2020, ETA issued Unemployment Insurance Program Letter (UIPL) 23-20
which provides the required BPC cross-matches. Specifically, the following three
activities are required for the PUA and PEUC programs (in the same manner as
for the regular UI program).

• National Directory of New Hires (NDNH) Cross-match – Cross-matches
against employer reported “new hires,” including wage information,
against UI benefit payment records to identify claimants who have failed to
report earnings and, therefore, may have been overpaid UI benefits;
• Quarterly Wage Records Cross-match – Compares state agency benefit
payment records with wage records created from quarterly reports
submitted by employers to determine if benefits were overpaid due to
failure to report earnings; and
• Systematic Alien Verification for Entitlement – Automated and manual
procedures by which states obtain information about an individual’s

14
KMOV News, “Frustration Builds For Those Having Trouble Getting Unemployment Benefits In
Missouri,” April 28, 2020.
15
DOL OIG, “CARES Act: Initial Areas of Concern Regarding Implementation of Unemployment
Insurance Provisions,” (April 21, 2020; Report No. 19-20-001-03-315).
https://www.oig.dol.gov/public/reports/oa/viewpdf.php?r=19-20-001-03-315&y=2020.
16
Based on 53 states sampled or surveyed: 50 of 53 (94 percent) responded. Six states were not
included since they responded not having established UI systems or UI programs and thus,
cross-matches were either not applicable or not performed.
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immigration status that will allow the state to determine his/her eligibility
for unemployment compensation.

Based on information provided by all 50 states, we found that 20 of the states (40
percent) did not perform all the required BPC cross-matches. In addition, UIPL
23-20 also provided eight strongly recommended BPC cross-matches. These
included the State Directory of New Hires (SDNH), Identity Verification, and
Incarceration cross-matches. We found that 44 of the 50 states (88 percent) did
not perform all the recommended BPC cross-matches – as depicted in Figure 2.

Figure 2: States’ Performance of BPC Activities

Source: OIG analysis of information provided by state officials.

See Exhibit 3 for a full list of required and recommended BPC activities.

STATES DID NOT PERFORM REQUIRED
RECOVERY ACTIVITIES

UIPL 23-20 requires states to perform the following overpayment recovery
activities.

• Benefit Offsets – Benefits withheld by the state agency to satisfy the
requirement for a claimant to repay an overpayment;
• Treasury Offset Program – A Department of the Treasury centralized
offset program, by which payments are offset to collect delinquent debts
owed to federal agencies and states, including UI debts;
• Cross Program Offset Recovery Agreement – A recovering state offsets
benefits payable under a state unemployment compensation program to
recover any benefits overpaid under a federal unemployment
compensation program and vice versa; and
• Interstate Reciprocal Offset Recovery Arrangement – Provides methods
for the recovery of improper payments of state and federal unemployment
compensation benefits from individuals filing under the Interstate Benefit

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Payment Plan, the Interstate Arrangement for the Combining of
Employment and Wages, or intrastate under any state's law.

We found that 19 of the 50 states (38 percent) did not perform the required
recovery activities – as depicted in Figure 3.

Figure 3: States’ Performance of Recovery Activities

Source: OIG analysis of information provided by state officials.

Once states have established overpayments, it is essential that recovery
activities be completed to mitigate the risk of financial loss as a result of
overpaid claims.

AN ESTIMATED $39 BILLION IN CARES ACT
IMPROPER PAYMENTS MAY NOT BE SUBJECT TO
IMPROPER PAYMENT DETECTION OR RECOVERY
ACTIVITIES

The UI program had an estimated improper payment rate 17 of over 10 percent
since 2008. 18 If the UI program continues to maintain an improper payment rate
that exceeds 10 percent, we estimate of the $392 billion drawn down as of

17
The improper payment rate is an estimate based on results of State Benefit Accuracy
Measurement (BAM) survey samples (random audits) of paid and denied claims in three major UI
programs: State UI, Unemployment Compensation for Federal Employees (UCFE), and
Unemployment Compensation for Ex-Service Members (UCX).
18
This excludes 2013 since the rate that year included an offset for recovered overpayments.

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January 2, 2021, at least $39.2 billion 19 in CARES Act funds will have been
improperly paid and wasted, instead of benefitting those for whom the new UI
programs were intended. In comparison, for program year (PY) July 1, 2018,
through June 30, 2019, 20 ETA estimated $2.9 billion in improper payments for the
regular UI program, for an improper payment rate of 10.6 percent, 21 (see Chart
2).

Chart 2: Growth In Estimated UI Improper Payments

Source: Based on OIG estimate and DOL 2019 Agency Financial Report.

The improper payment rate for PY 2021 will likely be much higher since prior to
COVID-19, the rate was 10.6 percent. Since March 27, 2020, states’ efforts have
been primarily focused on paying claimants and implementing CARES Act
programs. Additionally, the estimated improper payment rate for PY 2019 was
the lowest 22 since PY 2009.

Furthermore, detection cross-matches were needed to detect and prevent
payments to criminals that targeted the higher weekly benefits available under

19
These costs and improper payments will grow since PUA, FPUC, and PEUC were extended to
September 6, 2021, by the American Rescue Plan Act of 2021.
20
In FY 2020, ETA reported an improper payment rate of 9.17 percent. However, due to the
COVID-19 pandemic, states suspended BAM operations beginning in April 2020.
21
ETA’s PY 2019 estimated improper payment rate of 10.61 percent was 10.21 percent in
overpayments and 0.4 percent in underpayments. Our audit is primarily concerned with
overpayments since they are the majority of improper payments and present the greater risk to
the integrity of the UI program.
22
This excludes 2013 since the rate that year included an offset for recovered overpayments.

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CARES Act programs. Across the country, news and law enforcement agencies
have reported unprecedented levels of UI fraud. In our CARES Act Alert
Memorandum of February 22, 2021, 23 we estimated potential fraud could range
into the tens of billions of dollars. Specifically, our collaboration with OIG’s Office
of Investigations revealed more than $5.4 billion of potentially fraudulent UI
benefits in the four areas shown in Figure 4. 24

Figure 4: Potential Fraudulent Activities

Source: OIG data analysis of state data.

To combat fraudulent payments and protect the integrity of the UI system, ETA
and states must continue to work together to complete the required and
recommended BPC activities.

STATES REPORTED INACCURATE AND
INCOMPLETE OVERPAYMENT, FRAUDULENT
PAYMENT, AND CLAIMS DATA

In our CARES Act UI Advisory Report, 25 we stated that ETA must ensure that
program monitoring over the use of the stimulus funding be sufficiently designed
and executed and benefit outlays be accurately tracked and reported at both the
state and federal level. Despite our guidance, ETA did not provide adequate
oversight to prevent states from inaccurately reporting overpayments and
fraudulent payments. Without this critical oversight and transparency, ETA could
not ensure its management of billions of dollars in supplemental program funding
achieved the desired outcome and sufficiently met the requirements of the

23
DOL OIG, “Alert Memorandum: The Employment and Training Administration (ETA) Needs to
Ensure State Workforce Agencies (SWA) Implement Effective Unemployment Insurance Program
Fraud Controls for High Risk Areas,” (February 22, 2021; Report No. 19-21-002-03-315).
https://www.oig.dol.gov/public/reports/oa/viewpdf.php?r=19-21-002-03-315&y=2021.
24
The $5.4 billion covers the period March 2020 through October 2020. To prevent double
counting, over $313 million in UI claims filed using two or more of the methods noted in this report
were counted only once.
25
DOL OIG, “CARES Act: Initial Areas of Concern Regarding Implementation of Unemployment
Insurance Provisions,” (April 21, 2020; Report No. 19-20-001-03-315).
https://www.oig.dol.gov/public/reports/oa/viewpdf.php?r=19-20-001-03-315&y=2020.

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CARES Act. During April 2020, ETA issued three UIPLs 26 that in part required
states to report on overpayments, fraudulent payments, and the volume of claims
for the PUA, FPUC, and PEUC programs. See Exhibit 4 for the reporting
instructions regarding the three programs.

STATES EITHER DID NOT REPORT OR
INACCURATELY REPORTED OVERPAYMENTS AND
FRAUDULENT PAYMENTS

For regular UI, FPUC, and PEUC, the states’ accomplishments in principal
detection areas of BPC are reported on the ETA 227 Overpayment Detection and
Recovery Activities Report. For the PUA program, overpayments and recoveries
are reported on the ETA 902P Pandemic Unemployment Assistance Activities
Report. The ETA and state agencies need this information to monitor the integrity
of the benefit payment processes in the UI system. Data are provided for the
establishment of overpayments, recoveries of overpayments, criminal and civil
actions involving overpayments obtained fraudulently, and an aging schedule of
outstanding benefit overpayment accounts.

STATES DID NOT REPORT OVERPAYMENTS AND
FRAUDULENT PAYMENTS

We found that many states did not report overpayments and fraudulent payments
as required.

• For PUA, 50 of 59 states (85 percent) were listed on ETA’s website as
submitting the required ETA 902P report. 27 However, 16 of the 50 (32
percent) reported no overpayments and 30 of the 50 (60 percent) reported
no fraudulent payments.
• For FPUC, 37 of the 53 states (70 percent) were listed on ETA’s website
as submitting the required ETA 227 report. 28 However, 9 of the 37 (24
percent) reported no overpayments and 14 of the 37 (38 percent) reported
no fraudulent payments.
• For PEUC, 40 of the 53 states (75 percent) were listed on ETA’s website
as submitting the required ETA 227 report. However, 7 of the 40 (18
percent) reported no overpayments and 18 of the 40 (45 percent) reported
no fraudulent payments.

26
UIPLs 15-20 (FPUC reporting instructions), 16-20 (PUA reporting instructions), and 17-20
(PEUC reporting instructions).
27
Fifty-nine states were required to report PUA overpayments on the ETA 902P report.
28
Fifty-three states were required to report overpayment for PEUC and FPUC on the ETA 227
report.

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Overall, for the period of March 27, 2020 to September 30, 2020, 29 42 percent of
states did not complete the required reporting for overpayments and 60 percent
did not for fraudulent payments.

STATES INACCURATELY REPORTED
OVERPAYMENTS AND FRAUDULENT PAYMENTS

States reported less than expected and unreliable overpayment amounts. To
illustrate, Chart 3 shows overpayments for the new CARES Act UI programs
were reportedly 0.4 percent for CY 2020 – 89 percent less than the rate (3.6
percent) reported for regular UI for CY 2019. Fraudulent overpayments for the
new CARES Act UI programs were reportedly even less – 0.03 percent – 98
percent less than the 1.4 percent reported for CY 2019. See Exhibit 5 for
amounts related to percentages for each CARES Act UI Program.

Chart 3: States Reported a Fraction of Expected Overpayments
and Fraud

*Based on ETA reporting through September 30, 2020.
Source: OIG generated and based on ETA Overpayment Reports

Our analysis in Chart 3 also shows that states reported less than expected and
unreliable amounts of overpayment and fraudulent payments for the regular UI
program. The rate of overpayments reported for the regular UI program
(CY 2020) was 1.4 percent, which was 61 percent less than the 3.6 percent

29
September 30, 2020 exceeds the end of our audit scope of July 31, 2020. However, these
reports are completed quarterly. Therefore to provide the clearest possible information, we
included the later report date.
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reported for CY 2019. Additionally, the rate of fraudulent overpayments reported
for the regular UI program (CY 2020) was 0.1 percent – 91 percent less than the
1.4 percent reported for CY 2019.

STATES REPORTED INACCURATE AND
INCOMPLETE CLAIMS DATA

As previously noted, states are required to report the volume of claims for the
PUA, FPUC, and PEUC programs. However, from March 27, 2020, to August 1,
2020, ETA’s website did not include any PUA and PEUC claims for the states of
Florida, Georgia, Oklahoma, Virgin Islands, and West Virginia – indicating that
these states did not report the required claims data. Moreover, for states that did
report, we determined that they reported inaccurate claims data. For example, 4
of our 12 sampled states (33 percent) identified the following issues regarding
their reported claims data:
• Did not track initial and continued claims data for the separate CARES Act
programs.
• Could not differentiate between initial claims and continued claims.
• Could not support PUA initial claims or PUA continued claims despite
claims reported to ETA.
• Could not support PUA initial claims, PUA continued claims, or PEUC
continued claims despite claims reported to ETA.

Initial claims measure emerging unemployment and continued claims measure
the number of individuals claiming UI benefits. UI claims data is also used to
identify unemployment trends – nationwide and for each state. As such, accurate
claims data is important for the effective oversight of CARES Act UI programs.

ETA COULD NOT PERFORM NECESSARY
OVERSIGHT TO MONITOR OVERPAYMENTS

Without complete and accurate reporting, ETA could not adequately monitor if
states were using improper payment detection and recovery tools to identify and
recover overpayments and fraudulent payments. Nor could ETA adequately
monitor criminal and civil actions involving fraudulent payments, including the
age of outstanding overpayments. In addition, ETA may not be able to accurately
identify trends, weaknesses, or vulnerabilities in the CARES Act UI programs.
Furthermore, ETA and Congress will be challenged to gauge the size, breadth,
and related overpayments of CARES Act UI programs. ETA must assist states
with their reporting and then prioritize states by the severity of overpayments to
mitigate the risk of federal funds being lost to improper payments including fraud.

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In our Alert Memorandum of February 22, 2021, 30 we identified that ETA could
have put $5.4 billion to better use if effective internal controls were established.
ETA concurred with the two recommendations in the Alert Memo and stated the
agency will continue to work with states to establish and strengthen anti-fraud
measures implemented as soon as possible; and work with Congress to consider
a wide range of opportunities for improving program integrity.

If ETA had established sufficient internal controls over states’ IT systems,
reporting requirements, overpayment detection and recovery, and standards for
unexpected events, CARES Act UI funds paid improperly (estimated $39.2 billion
as of January 2, 2021) could have been put to better use instead. See Exhibit 6
for a breakdown of funds put to better use.

PRIMARY CAUSES FOR CARES ACT ISSUES:

ANTIQUATED IT SYSTEMS, INSUFFICIENT STAFFING, AND UNCLEAR
GUIDANCE FROM ETA HINDERED STATES’ ABILITY TO IMPLEMENT
CARES ACT UI PROGRAMS MORE EFFECTIVELY

There were three common causes for the audit issues we identified: antiquated
IT systems, insufficient staffing, and sometimes unclear and untimely guidance
from ETA to address issues related to an unprecedented volume of new UI
claims. From March 28, 2020, to August 1, 2020, DOL reported more than 57
million workers filed an initial jobless claim for PUA or regular UI. In addition, 502
million continued claims were submitted for PUA, regular UI, or PEUC. 31 For the
FPUC program, which added $600 to other UI program claims and ended July
31, 2020, there were approximately 472 million claims. In contrast, DOL reported
11 million initial claims and 89 million continued claims for regular UI for all of
calendar year (CY) 2019.

ANTIQUATED IT SYSTEMS

While states reported many difficulties with initializing and executing CARES Act
UI programs, one of the causes echoed among states was the use of antiquated
IT systems. In our CARES Act UI Advisory Report of April 21, 2020, we raised

30
DOL OIG, “Alert Memorandum: The Employment and Training Administration (ETA) Needs to
Ensure State Workforce Agencies (SWA) Implement Effective Unemployment Insurance Program
Fraud Controls for High Risk Areas,” (February 22, 2021, Report No. 19-21-002-03-315).
https://www.oig.dol.gov/public/reports/oa/viewpdf.php?r=19-21-002-03-315&y=2021.
31
DOL did not track initial claims for PEUC since claimants were not required to file a PEUC
application.

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concerns that states’ legacy IT systems would impede the management and
oversight of UI benefits. 32

IMPLEMENTING NEW UI PROGRAMS AND PAYING CLAIMANTS

States with modernized IT systems implemented CARES Act programs
significantly faster than those using antiquated IT systems. The results of our
analysis demonstrate a clear correlation between states’ IT modernization status
and the time needed to implement new PEUC and PUA programs. For example,
states that completed IT modernization started the PEUC program 15 days faster
and the PUA program 8 days faster (on average) than those still planning IT
modernization. 33 Officials in 17 of 50 states (34 percent) 34 said their IT systems
were not sufficient to implement provisions of the CARES Act. See Exhibit 2 for
state-by-state details on IT modernization status and days it took to make the first
payment.

DETECTING AND RECOVERING OVERPAYMENTS

Four of 12 sampled states (33 percent) reported that IT systems did not allow
them to complete improper payment detection and recovery. States reported that
the Social Security system froze up; Interstate Connection hub slowed down;
their IT system did not have the mainframe capacity to perform cross-matches for
such a large volume of claims; vendor-purchased systems did not include
detection and recovery functionality; and batch processing cross-matches slowed
the claimant identification process.

REPORTING CARES ACT UI PROGRAM ACTIVITIES

State officials said they were unable to program the newly required reports in
their IT systems or lacked the programming to extract the required data. States
also cited that ETA’s guidance lacked clarity and timeliness to implement
required reporting and they wanted ETA to have developed a programming script
for each of the CARES Act UI programs. States also said this programming script
could then have been adapted to each state’s system to ensure compliance and
consistency. Furthermore, states said that staffing and resources were focused
more on implementing the programs rather than programming new reports.

32
DOL OIG, “CARES Act: Initial Areas of Concern Regarding Implementation of Unemployment
Insurance Provisions,” (April 21, 2020; Report No. 19-20-001-03-315).
https://www.oig.dol.gov/public/reports/oa/viewpdf.php?r=19-20-001-03-315&y=2020.
33
For FPUC, states that had completed IT modernization started the program no faster (on
average) than those that were still planning. However, the first FPUC payment was to supplement
a PUA, PEUC, or regular UI program payment.
34
Arkansas, Idaho, and Vermont are not included among the states.

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INSUFFICIENT STAFFING LEVELS

Officials in the 12 sampled states reported they were not able to hire staff quickly
enough, find enough qualified staff, or increase their staff sufficiently to process
in a timely manner the sudden spike in UI claims. Adding to the challenge was
the need to conduct hiring and onboarding remotely, with social distancing being
highly advised during the pandemic. Fifty-five states 35 hired additional staff in
response to the COVID-19 pandemic. The 12 states, selected for in-depth
analysis, reported on average they employed 816 full-time equivalent (FTE)
employees for UI programs prior to the CARES Act. As of July 31, 2020, the 12
sampled states reported that an average of 1,539 FTEs and 1,444 contract staff
were assigned to UI programs.

UNTIMELY AND UNCLEAR GUIDANCE FROM ETA

States cited ETA’s guidance as untimely and unclear to enable states to process
the increased volume of new UI claims and make decisions about initial and
continued eligibility. State officials in the 12 sampled states said that:

• Newer guidance from ETA reinterpreted matters that states thought had
been finalized.
• Clearer, earlier, and more detailed guidance from ETA might have
rendered a more efficient implementation process and would have
prevented significant overpayments.
• PUA eligibility requirements were evolving as states were building
programs from scratch, and needed a good way to handle eligibility
ambiguity.
• Insufficient time to get up to speed on new PUA program requirements
made it hard to put in sufficient controls ahead of the program launch.
• Implementation of new and concurrent federal programs was complex.

Four of 12 states (33 percent) reported that ETA’s guidance was not timely or
complete enough to prevent overpayments. The four states reported that ETA did
not provide sufficient proactive detection tools; its PUA application process did
not contain enough details; it did not respond quickly enough to states’ inquiries;
and the guidance it did provide was incomplete. States also cited that the PUA
program self-certification process did not allow for proper fraud prevention
procedures to take place.

35
Based on a total of 59 states sampled or surveyed, of which 55 (93 percent) responded.

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In our CARES Act report issued on August 7, 2020, 36 we commended ETA for
the amount of guidance they were able to issue quickly. ETA officials stated,
during our audit scope, they published 20 pieces of guidance and conducted 15
webinars. However, ETA did not set forth clear timeframes for implementing the
CARES Act UI programs and beginning payment to claimants. The CARES Act
UI programs went into effect as soon as the law was passed, and suddenly,
states were under pressure to pay claimants. Since there were no
implementation dates conveyed, claimants expected payment to be arriving
sooner rather than later during a crisis situation.

At the same time, states had to attempt to initiate these programs before their
implementation-related questions had been resolved. Setting clear
implementation dates and payment timeframes for temporary programs would
decrease the burden on ETA to issue guidance in quick succession, and would
provide clear messaging for states to communicate to claimants. Furthermore, it
would allow ETA and states the critical time needed to set up proper controls to
mitigate losses.

The guidance that states receive through ETA’s monitoring was also delayed.
The CARES Act UI programs operated for six months without formal monitoring
by ETA. Instead, ETA officials stated they provided technical assistance to states
to support their implementation of CARES Act programs. As part of that technical
assistance, ETA performed scans and developed monitoring tools to identify
major issues for corrective action. However, despite these scans and monitoring
tools, ETA did not ensure that states performed overpayment detection and
recovery activities or reported overpayments and fraudulent payments.

INSUFFICIENT IMPLEMENTATION FUNDING

Twelve of the 55 states (22 percent) that we received responses from cited
federal funding as insufficient to perform necessary IT updates, implement new
programs, or hire a sufficient number of staff to handle the high volume of claims.
Despite opportunities for states to receive implementation funding, state officials’
reported all implementation costs were not covered or that the additional funding
was not adequate to cover the years of underfunding. One state official said that
the state received an initial grant of approximately $350,000 to implement the
PUA program, but in reality the implementation cost was well over $4 million.

36
DOL OIG, “COVID-19: More Can Be Done To Mitigate Risk To Unemployment
Compensation Under The Cares Act,” (August 7, 2020; Report No. 19-20-008-03-315).
https://www.oig.dol.gov/public/reports/oa/viewpdf.php?r=19-20-008-03-315&y=2020.
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CONCLUSION

We recognize the unprecedented effect the COVID-19 pandemic has had on the
UI system. With varying degrees of success, states implemented the new
CARES Act UI programs, paid claimants, detected and recovered improper
payments (including fraud), and submitted required reports – all under ETA’s
management oversight and guidance. However, as we identified in this report,
states still struggled to pay claimants, protect funds from improper payments, and
to submit complete or accurate reporting – due to insufficient IT systems, staffing
resources, and guidance from ETA.

To prevent similar problems in the future, ETA must reassess the needs of the UI
system nationwide – including IT systems, staffing levels, and the quality of
guidance provided to states. We believe that modular 37 technological capabilities
would help ETA to address these three common risk areas that we identified.
Specifically, modular technological capabilities could alleviate the pressure on
ETA to get guidance out to states and mitigate the need for states to add large
amounts of staff. These capabilities could also enhance the ability of states to
manage and process sudden increases in claims volume during emergencies or
high unemployment. Furthermore, they could allow ETA and states to implement
new programs quickly and meet the needs of claimants, while simultaneously
protecting federal and state funds from fraudulent activities. By being prepared in
advance, ETA would then be better positioned to support states in future crisis
situations, such as the COVID-19 pandemic.

OIG’S RECOMMENDATIONS

We recommend the following to the Principal Deputy Assistant Secretary for
Employment and Training:

1. Conduct a study to assess the technological needs of the UI programs to
determine the capabilities that need to be upgraded or replaced; the
features necessary to effectively respond to rapid changes in the volume
of claims in times of emergency or high unemployment; the capabilities
needed to ensure effective and equitable delivery of benefits; and the
capabilities to minimize fraudulent activities.

2. Continue to work with states to develop, operate, and maintain a modular
set of technological capabilities to modernize the delivery of UI benefits

37
A Modular Open Systems Approach can be defined as a technical and business strategy for
designing an affordable and adaptable system.

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that is sufficient to manage and process sudden spikes in claims volume
during emergencies or high unemployment.

3. Assist states with claims, overpayment, and fraud reporting to create clear
and accurate information. Then use the overpayment and fraud reporting
to prioritize and assist states with fraud detection and recovery.

4. Develop standards for providing clear and reasonable timeframes to
implement temporary programs to establish expectations for prompt
benefit payments to claimants.

SUMMARY OF ETA’S RESPONSE

ETA agreed with our recommendations and indicated the agency has already
taken action to implement some of the recommendations.

We appreciate the cooperation and courtesies ETA extended us during this audit.
OIG personnel who made major contributions to this report are listed in
Appendix C.

Carolyn R. Hantz
Assistant Inspector General for Audit

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EXHIBIT 1: STATES SELECTED FOR IN-DEPTH ANALYSIS

Name of States
1. California
2. Florida
3. Georgia
4. Illinois
5. Michigan
6. New Jersey
7. New York
8. North Carolina
9. Ohio
10. Pennsylvania
11. Texas
12. Washington
Source: OIG generated based on analysis.

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EXHIBIT 2: CARES ACT IMPLEMENTATION BY STATE

IMPLEMENTATION BY STATE
Days until First Payment* UI IT Modernization**
State PUA FPUC PEUC Benefits Tax
Alabama 21 13 27 Completed Completed
Alaska 45 17 84 Planning Planning
Arizona 45 17 73 Planning Planning
Arkansas - - - Planning Completed
California 32 16 61 Planning Completed
Colorado 31 31 34 Development Development
Connecticut 28 41 61 Development Development
Delaware 63 10 31 Planning Planning
District of Columbia 33 24 40 Planning Development
Florida 33 15 60 Completed Completed
Georgia 28 15 76 Planning Development
Hawaii 48 18 53 Planning Planning
Idaho - - - Completed Completed
Illinois 48 10 25 Completed Completed
Indiana 42 42 21 Completed Completed
Iowa 19 19 61 Planning Completed
Kansas 61 27 66 Planning Planning
Kentucky 6 9 20 Planning Planning
Louisiana 17 17 49 Completed Planning
Maine 40 19 94 Completed Completed
Maryland 43 21 43 Completed Completed
Massachusetts 27 53 12 Completed Completed
Michigan 26 13 26 Completed Completed
Minnesota 28 12 19 Completed Completed
Mississippi 28 14 34 Completed Completed
Missouri 26 17 38 Completed Completed
Montana 31 16 37 Planning Completed
Nebraska 31 17 55 Development Development
Nevada 60 18 45 Completed Completed
New Hampshire 3 21 44 Completed Planning
New Jersey - - - Planning Planning
New Mexico 28 21 28 Completed Completed

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IMPLEMENTATION BY STATE
Days until First Payment* UI IT Modernization**
State PUA FPUC PEUC Benefits Tax
New York 10 10 17 Development Development
North Carolina 28 18 56 Completed Planning
North Dakota 33 19 49 Planning Planning
Ohio 52 26 38 Development Development
Oklahoma 31 10 52 Development Development
Oregon 31 17 49 Planning Planning
Pennsylvania 42 15 50 Development Completed
Puerto Rico 24 26 66 Planning Planning
Rhode Island 17 14 45 Planning Planning
South Carolina 28 15 61 Completed Completed
South Dakota 34 12 53 Planning Completed
Tennessee 26 17 46 Completed Planning
Texas 18 17 45 Planning Planning
Utah 29 15 57 Completed Completed
Vermont - - - Planning Planning
Virgin Islands 101 61 101 Planning Planning
Virginia 38 25 101 Development Completed
Washington 24 24 24 Completed Completed
West Virginia 49 10 42 Planning Planning
Wisconsin 56 33 90 Planning Completed
Wyoming 38 20 80 Completed Completed
American Samoa - - - - -
Commonwealth of
the Northern
Mariana Islands 111 111 - - -
Federated States
of Micronesia 108 108 - - -
Guam - - - - -
Republic of Palau 89 89 - - -
Republic of the
Marshall Islands - - - - -
Source: OIG generated based on information from analysis and surveys.
*States without numbers did not comply with data request or did not have data to report.
**Information from National Association of State Workforce Agencies (NASWA) UI Information
Technology Support Center.

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EXHIBIT 3: REQUIRED AND RECOMMENDED BENEFIT
PAYMENT CONTROL ACTIVITIES

REQUIRED CROSS-MATCHES

• National Directory of New Hires (NDNH) Cross-match
• Quarterly Wage Records Cross-match
• Systematic Alien Verification for Entitlement (SAVE)

RECOMMENDED CROSS-MATCHES

• State Directory of New Hires (SDNH) Cross-match
• Social Security Administration (SSA) Cross-match
• Interstate Benefits (IB) Cross-match
• State Identification Inquiry (SID) and IB8606 enhancements made
to the Interstate Connection (ICON) network cross-match to prevent
concurrent claim filing in multiple states
• State Information Data Exchange System (SIDES)
• Identity Verification
• Incarceration Cross-match
• UI Integrity Center’s Integrity Data Hub (IDH) tools, including the
Suspicious Actor Repository (SAR), Suspicious E-Mail Domains,
Multi-State Cross-Match (MSCM), Foreign Internet Protocol (IP)
Address Detection, and Fraud Alert application

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EXHIBIT 4: REPORTNG INSTRUCTION FOR THE FPUC, PUA,
AND PEUC

• On April 4, 2020, ETA issued UIPL 15-20 to State Workforce Agencies to
provide states with operating, financial, and reporting instructions for the FPUC
program. This UIPL informs states they are to do the following:

− ETA 227. (OMB No. 1205-0173). States will report FPUC overpayments
(established and recovered) in the comments section of the ETA 227
report.

• On April 5, 2020, ETA issued UIPL 16-20 to State Workforce Agencies to
provide states with operating, financial, and reporting instructions for the PUA
program. This UIPL informs states they are to do the following:

− ETA 538. Total PUA initial claims processed during the report period and
total PUA continued claims reflecting unemployment for the previous week
will be reported in the comments section and labeled as “PUA IC” and
“PUA CC” followed by the number…

− ETA 539. Total PUA initial claims processed during the report period and
total PUA continued claims reflecting unemployment for the previous week
will be reported in the comments section and labeled as “PUA IC” and
“PUA CC” followed by the number…

− ETA 902P report contains monthly data on Pandemic Unemployment
Assistance (PUA) activities provided by the CARES Act, enacted on March
27, 2020. Section C. Overpayment Activity.

• On April 10, 2020, ETA issued UIPL 17-20 to State Workforce Agencies to
provide states with operating, financial, and reporting instructions for the
PEUC program. This UIPL informs states they are to do the following:

− ETA 227. Report Section A, Overpayments Established - Causes, lines 101
and 103 through 110 for columns 2 through 5 and line 102 for columns 1
through 5. Report all of Section B, Overpayments Established…

− ETA 5159. Report Section A, Claims Activities, report initial claims
information for columns 2 through 5 and column 7 for lines 101 through
103…

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EXHIBIT 5: STATE REPORTED BENEFITS, OVERPAYMENTS,
FRAUD, OVERPAYMENT RATE, AND FRAUD RATE

Overpayment Fraud
Program Year Total Benefits Overpayments Fraud Rate Rate
Regular
UI 2019 $25,454,163,963 $909,450,065 $364,351,881 3.6% 1.4%
Regular 2020
UI 38
123,867,305,700 1,761,061,158 157,523,403 1.4% 0.1%
2020
PUA 39
64,752,553,903 786,926,897 71,888,641 1.2% 0.1%
PEUC 2020 16,446,158,119 11,173,216 742,182 0.1% 0.0%
FPUC 2020 279,223,369,004 654,249,548 29,799,572 0.2% 0.0%
Three Key
CARES
Act
Programs 2020 $360,422,081,026 $1,452,349,661 $102,430,395 0.4% 0.0%
Source: OIG analysis of ETA reported data.

38
For the period: January 1, 2020, through September 30, 2020.
39
For the period: March 27, 2020, through September 30, 2020.

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EXHIBIT 6: FUNDS FOR BETTER USE

Description Amount Area of Issue

Total and Net Funds for Better Use: 40

Total Funds for Better Use $39,155,643,774 ETA/SWA Controls

Less Duplicative Funds for Better $5,409,966,198
Use 41

Net Funds for Better Use $33,745,677,576

Source: OIG generated based on analysis.

40
As defined by the Inspector General Act, “funds for better use” means funds that could be used
more efficiently or achieve greater program effectiveness if management took certain actions.
These actions include reduction in future outlays and deobligation of funds from programs or
operations.
41
Duplicative funds for better use are amounts identified in DOL OIG’s, “Alert Memorandum: The
Employment and Training Administration (ETA) Needs to Ensure State Workforce Agencies
(SWA) Implement Effective Unemployment Insurance Program Fraud Controls for High Risk
Areas,” (February 22, 2021, Report No. 19-21-002-03-315).
https://www.oig.dol.gov/public/reports/oa/viewpdf.php?r=19-21-002-03-315&y=2021.
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APPENDIX A: SCOPE, METHODOLOGY, & CRITERIA

SCOPE

The audit covered DOL’s and states’ implementation of three key CARES Act UI
programs from March 27, 2020, to July 31, 2020. However, we did report the
most current funding and overpayment data as December 31, 2020, for
informational purposes and to estimate potential improper payments. Specifically,
our audit focused on PUA, FPUC, and PEUC. These programs were selected
due to their size and risk potential.

METHODOLOGY

This performance audit was conducted remotely and covered 12 states. In
addition, survey questionnaires were sent to an additional 47 states not selected
for more intense audit work. We completed this audit in accordance with
Generally Accepted Government Auditing Standards (GAGAS).

To answer our audit objective, we reviewed the CARES Act, ETA guidance, state
agreements, program funding, and IT assistance. We reviewed the states’ status
of implementation of the CARES Act, preparedness, initial eligibility
determinations, continued eligibility determinations, improper payment detection
and recovery, and states’ compliance with ETA’s oversight requirements.
Surveyed states and Pacific Islands answered questions as to key
implementation dates, unique claimants, total paid, total claims, overpayments,
implemented controls, control activities, and applicable cross-matches.

Furthermore, we analyzed summary data available from the states on UI claims
and funding. We did not use sampling for this audit.

SELECTION OF 12 STATES

To perform our audit, we judgmentally selected 12 states for more intense
analysis. To determine which states would be selected for more intense analysis,
we performed a risk assessment using several risk factors.

We determined the potential fraudulent payment and improper payments by
obtaining claims data and calculating the percent of claims each state had filed
for March 28, 2020, through May 30, 2020. That information was then multiplied
by the estimated costs of the CARES Act UI provisions to identify the estimated
cost by state. The estimated cost by state was then multiplied by the estimated
fraud rate published in the Benefit Accuracy Measurement State Data Summary
Improper Payment Information Act Performance Year 2019 Report. The
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estimated cost by state was also multiplied by the estimated improper payment
rate for each state in the yearly improper payment data reported to the OMB for
Fiscal Year 2019, as required by the Improper Payments Information Act.

In addition, we obtained and evaluated prior issues for State Workforce Agencies
identified in OIG audits, the number of fraud reports, investigations reported by
the Office of Investigations – Labor Racketeering and Fraud, and Congressional
interest. This information was then weighted and evaluated by the team to
determine the states where analysis would be the most impactful. The 12 states
selected were California, Florida, Georgia, Illinois, Michigan, New Jersey, New
York, North Carolina, Ohio, Pennsylvania, Texas, and Washington.

STATES SURVEYED

The audit team administered 47 survey questionnaires to states not included in
in-depth analysis and received 43 responses.

RELIABILITY ASSESSMENT

We assessed the reliability of computerized data. We summarized the
information provided by states and analyzed if the data was determined reliable
for our purposes. We found that nine of the 12 states' data was reliable based on
IT assessments, information reviews, interviews, inspections, comparisons,
observations, walkthroughs, tracing, and policy reviews. We found that three of
the 12 states’ data was unreliable; therefore, we did not use that information in
our analysis or reporting.

INTERNAL CONTROLS

A performance audit includes an understanding of internal controls considered
significant to the audit objective and testing compliance with significant laws,
regulations, and other requirements. In planning and performing our audit, we
considered whether internal controls significant to the audit objective were
properly designed and placed in operation. This included reviewing policies and
procedures. We confirmed our understanding of these controls and procedures
through interviews and the review and analysis of documentation. We evaluated
internal controls used for reasonable assurance. Our consideration of internal
controls for administering key CARES Act UI programs would not necessarily
disclose all matters that might be reportable conditions.

CRITERIA

• Coronavirus Aid, Relief, and Economic Security (CARES) Act, Public Law
116-136 (March 27, 2020)

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• OMB Memorandum 20-21, Implementation Guidance for Supplemental
Funding Provided in Response to the Coronavirus Disease 2019 (April 10,
2020)
• GAO-14-704G, Standards for Internal Control in the Federal Government
(September 2014)
• Unemployment Insurance Program Letter 15-20, CARES Act of 2020 -
Federal Pandemic Unemployment Compensation (FPUC) Program
Operating, Financial, and Reporting Instructions (April 4, 2020)
• Unemployment Insurance Program Letter 16-20, CARES Act of 2020 –
Pandemic Unemployment Assistance (PUA) Program Operating,
Financial, and Reporting Instructions (April 5, 2020)
• Unemployment Insurance Program Letter 17-20, CARES Act of 2020-
Pandemic Emergency Unemployment Compensation (PEUC) Program
Operating, Financial, and Reporting Instructions (April 10, 2020)
• Unemployment Insurance Program Letter 23-20, Program Integrity for the
Unemployment Insurance (UI) Program and the UI Programs Authorized
by the CARES Act of 2020 - Federal Pandemic Unemployment
Compensation (FPUC), Pandemic Unemployment Assistance (PUA), and
Pandemic Emergency Unemployment Compensation (PEUC) Programs
(May 11, 2020)

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APPENDIX B: AGENCY’S RESPONSE TO THE REPORT

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APPENDIX C: ACKNOWLEDGEMENTS

Key Contributors to this report were:

Nick Cumby, Lead-Auditor
Dwight Gates, Audit Director
Hilda Gil, Auditor
Sharon Newby, Auditor
Betty Norwood, Lead-Audit Manager
Christy Powell, Auditor
Thomas Price, Auditor
Jaimie Richardson, Audit Manager
Michael Roberts, Auditor
Mark Sanderson, Audit Manager
Lynda Sanford, Audit Manager
Lorenzo Thornton, Auditor
Travis Williams, Auditor

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