Pandemic Darlings The pandemic economy, in original documents
Home Source documents GAO-23-105478: Unemployment Insurance: DOL Needs to Further Help States Overcome IT Modernization Challenges

GAO-23-105478: Unemployment Insurance: DOL Needs to Further Help States Overcome IT Modernization Challenges

Summary

GAO report GAO-23-105478, "Unemployment Insurance: DOL Needs to Further Help States Overcome IT Modernization Challenges," a report to congressional committees dated July 2023. It states that, according to DOL data, approximately $878 billion in benefits were paid across all UI programs from April 2020 to September 2022, and that state programs with legacy IT systems faced performance issues. GAO reviewed eight states: as of February 2023, six had modernization efforts underway to replace legacy systems that ranged from 7 to about 50 years old, and two had completed their efforts. The states reported successes such as improved system stability after moving to cloud computing, and challenges in staffing, contracting, management, financial and technical areas.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“GAO-23-105478: Unemployment Insurance: DOL Needs to Further Help States Overcome IT Modernization Challenges.” Original at www.gao.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gao-23-105478-unemployment-insurance-dol-needs-to-further-help-states-1ec091adbd/, SHA-256 b23b154f13c564db64af8e4ba25a89a792ff0cc395571a54cc578ea709dbc674.

Full text

                United States Government Accountability Office
                Report to Congressional Committees




                UNEMPLOYMENT
July 2023




                INSURANCE

                DOL Needs to
                Further Help States
                Overcome IT
                Modernization
                Challenges




GAO-23-105478
                                               July 2023

                                               UNEMPLOYMENT INSURANCE
                                               DOL Needs to Further Help States Overcome IT
                                               Modernization Challenges
Highlights of GAO-23-105478, a report to
congressional committees




Why GAO Did This Study                         What GAO Found
In the wake of the COVID-19                    The eight states in GAO’s study were in varying phases of modernizing their
pandemic, the nation experienced               unemployment insurance (UI) IT systems, ranging from planning to operations
historic levels of job loss. According to      and maintenance. As of February 2023, six of the eight states had modernization
DOL data, approximately $878 billion           efforts underway, but not yet completed. According to officials from the six states,
in benefits were paid across all UI            these efforts were expected to replace legacy UI systems that ranged from 7 to
programs from April 2020 to                    about 50 years old. The remaining two states completed modernization efforts in
September 2022. However, state UI              2018 and 2021 and were in the operations and maintenance phase. To support
programs with legacy IT systems faced          their modernization efforts, the eight states rely extensively on contractors for
performance issues in processing the
                                               system development and implementation, technical support, and identity
unprecedented number of UI claims.
                                               verification.
Due to this challenge and others, GAO
added the overarching UI system to its         The selected states reported several modernization successes. For example,
High-Risk List in June 2022.                   states reported improved system stability after migrating systems to cloud
GAO was asked to review UI IT                  computing solutions and a reduction in paper-based UI processes. However,
modernization issues. The specific             states also identified modernization challenges in five areas: staffing, contracting,
objectives were to (1) provide the             management, financial, and technical (see figure).
status of modernization efforts for
                                               Eight States’ Unemployment Insurance IT System Modernization Challenge Areas
selected states, including the role of
contracting; (2) identify notable
modernization successes and
challenges; and (3) evaluate DOL’s
management activities in assisting
states and overseeing their efforts.
To do so, GAO analyzed
documentation and interviewed state
officials from a nongeneralizable
sample of eight states (selected based
on varying location and population
size, among other criteria). GAO also          Regarding staffing, most states reported not having enough staff resources and
reviewed relevant DOL policies and             not having staff with the necessary expertise to support their modernization
guidance documents and compared                efforts. To help states address modernization challenges, the Department of
them to key management and                     Labor (DOL) initiated several efforts, such as sending teams of experts to states
oversight activities. In addition, GAO         and conducting pilot tests of UI technology solutions for states.
interviewed department officials.
                                               DOL has gaps in managing its efforts to assist states’ with UI IT modernization
What GAO Recommends                            and its oversight of states’ UI IT performance. Although DOL fully implemented
GAO is making three                            key contract management activities on its first pilot, the department did not fully
recommendations to DOL to address              implement leading pilot design practices such as developing a data analysis plan
pilot design weaknesses, establish             and ensuring stakeholder communication. Without fully implementing leading
standards for states’ UI IT                    pilot design practices, DOL likely cannot ensure its future pilots produce
performance, and then measure such             information needed to make effective program and policy decisions. Regarding
performance. DOL agreed with one               oversight, although DOL is responsible for overseeing the UI program to ensure
recommendation and partially agreed            that the states are operating the program effectively and efficiently, it has not
with two. GAO continues to believe all         measured states’ UI IT performance. Until DOL finalizes IT standards and
recommendations are warranted.                 measures state UI IT performance, the department will be limited in its ability to
View GAO-23-105478. For more information,      monitor whether states’ UI systems are performing efficiently and effectively.
contact Carol C. Harris at (202) 512-4456 or
HarrisCC@gao.gov.

                                                                                          United States Government Accountability Office
Contents


Letter                                                                                  1
               Background                                                               5
               Selected States Vary in Their UI System Modernization Efforts
                 and Rely Extensively on Contractors                                  17
               Selected States Reported Several Modernization Successes and
                 Challenges                                                           24
               DOL Has Gaps in Assisting and Overseeing States’
                 Modernizations                                                       38
               Conclusions                                                            45
               Recommendations for Executive Action                                   45
               Agency Comments                                                        46

Appendix I     Objectives, Scope, and Methodology                                     48



Appendix II    State Consortium Successes and Challenges                              51



Appendix III   Summaries of Eight Selected States’ Modernization Efforts              54



Appendix IV    Comments from the Department of Labor                                  71



Appendix V     GAO Contact and Staff Acknowledgments                                  74


Tables
               Table 1: Overview of Selected States’ Unemployment Insurance
                       Modernization Efforts, as of February 2023                     18
               Table 2: Selected States’ Reported Unemployment Insurance (UI)
                       IT System Modernization Challenges                             27
               Table 3: Assessment of the Department of Labor’s (DOL) Actions
                       to Implement Leading Pilot Design Practices for the
                       Claimant Experience Pilot                                      41




               Page i                                 GAO-23-105478 Unemployment Insurance
Figures
          Figure 1: Unemployment Insurance System Modernization
                   Timeline for Selected States (as of February 2023)                               20
          Figure 2: Contracting Roles and Responsibilities for
                   Unemployment Insurance (UI) IT Systems Modernization
                   for Selected States (as of February 2023)                                        22
          Figure 3: Screenshot of the Department of Labor’s Unemployment
                   Insurance Modernization Website (as of May 2023)                                 37




          Abbreviations

          CARES Act         Coronavirus Aid, Relief, and Economic Security Act
          CMMI-ACQ          Capability Maturity Model Integration® for Acquisition
          DOL               Department of Labor
          ETA               Employment and Training Administration
          FAR               Federal Acquisition Regulation
          ITSC              Information Technology Support Center
          NASWA             National Association of State Workforce Agencies
          OIG               Office of Inspector General
          OUIM              Office of Unemployment Insurance Modernization
          SOURCE            State of Ohio Unemployment Resource for Claimants
                            and Employers
          UI                unemployment insurance
          UIPL              Unemployment Insurance Program Letter
          WyCAN             Wyoming, Colorado, Arizona, and North Dakota
                            consortium




          This is a work of the U.S. government and is not subject to copyright protection in the
          United States. The published product may be reproduced and distributed in its entirety
          without further permission from GAO. However, because this work may contain
          copyrighted images or other material, permission from the copyright holder may be
          necessary if you wish to reproduce this material separately.




          Page ii                                           GAO-23-105478 Unemployment Insurance
                       Letter




441 G St. N.W.
Washington, DC 20548




                       July 10, 2023

                       The Honorable Bernard Sanders
                       Chair
                       Committee on Health, Education, Labor, and Pensions
                       United States Senate

                       The Honorable Ron Wyden
                       Chairman
                       Committee on Finance
                       United States Senate

                       Overseen by the Department of Labor (DOL) and administered by the
                       states, the unemployment insurance (UI) program is a federal-state
                       partnership that provides temporary financial assistance to eligible
                       workers who become unemployed through no fault of their own. During
                       economic downturns, UI’s role in supporting workers and our overall
                       economy becomes more vital. Following the emergence of the COVID-19
                       pandemic in early 2020, and related public health measures taken to
                       contain and mitigate its transmission, the United States experienced
                       historic job losses. In turn, the UI program was expanded.

                       The Coronavirus Aid, Relief, and Economic Security (CARES) Act,
                       enacted on March 27, 2020, created three new federally funded
                       temporary UI programs that expanded benefit eligibility, enhanced
                       benefits, and extended benefit duration. 1 The temporary programs
                       supplemented the existing UI program known as “regular” UI. 2 The
                       federal government directly funded the administration of, and benefits for,
                       the new pandemic-related UI programs and relied on state workforce
                       agencies to determine claimants’ eligibility, process claims, and issue



                       1Pub. L. No. 116-136, §§ 2102, 2104, 2107, 134 Stat. 281, 313-28. In addition, the
                       Consolidated Appropriations Act, 2021 created one additional temporary, supplemental UI
                       program—known as the Mixed Earner Unemployment Compensation program. Pub. L.
                       No. 116-260, div. N, tit. II, subtitle A, subchapter VI, § 261(a) 134 Stat. 1182, 1961.
                       2In this report, we refer to the UI program—excluding the temporary UI programs created
                       by the CARES Act and other legislation—as the regular UI program and the benefits paid
                       under the program as regular UI benefits. We refer to the temporary UI programs created
                       by the CARES Act and the Consolidated Appropriations Act, 2021 as pandemic UI
                       programs.




                       Page 1                                           GAO-23-105478 Unemployment Insurance
benefits to individuals. 3 Based on DOL data, compensation paid under
regular UI, Extended Benefits, 4 and pandemic UI programs from April
2020 through September 2022 totaled approximately $878 billion. 5

To administer their UI programs, states rely extensively on IT systems to
support benefit eligibility determinations, record claimant filing
information, calculate benefit amounts, and record taxes paid by
employers, among other functions. However, state IT systems faced
challenges in processing the unprecedented number of UI claims during
the pandemic. 6 In June 2020, we reported that state UI programs with
aging, or legacy, IT systems 7 that dated as far back as the 1970s had
reported system performance issues. 8 More recently, we and the DOL
Office of Inspector General (OIG) have also reported that states’ use of
legacy IT systems also contributed to the slower processing of UI
payments, the inability to detect and recover improper payments




3Fifty-three state workforce agencies administer UI programs across the 50 states, the
District of Columbia, Puerto Rico, and the U.S. Virgin Islands. For purposes of this report,
when we refer to states’ administration of the UI program, we include both states and
territories.
4The Extended Benefits program, which existed before the pandemic, provides up to an
additional 13 or 20 weeks of benefits when activated in states during periods of high
unemployment, according to DOL.
5This amount includes about $209 billion in expenditures under the regular UI and
Extended Benefits programs, and about $669 billion in expenditures under pandemic UI
programs, which expired on September 6, 2021. The expenditure amounts for the
temporary programs represent all compensation paid throughout the existence of the
programs. These programs were generally created at the end of March 2020 and expired
in September 2021, though some payments may have occurred after September 2021 for
weeks of unemployment prior to the programs’ expiration. We obtained April 2020 through
September 2022 expenditure amounts for the regular UI program, the Extended Benefits
program, and the pandemic UI programs on October 12, 2022, from DOL’s data
downloads website at https://oui.doleta.gov/unemploy/DataDownloads.asp.
6Initial claims for regular UI benefits nationwide reached a historic peak of more than 6
million per week in late March and early April 2020.
7The Modernizing Government Technology provisions of the National Defense
Authorization Act for Fiscal Year 2018 defines a legacy IT system as an IT system that is
outdated or obsolete. Pub. L. No. 115-91, § 1076(8), 131 Stat. 1283, 1587 (December 12,
2017) (40 U.S.C. 11301 note).
8GAO, Covid-19: Opportunities to Improve Federal Response and Recovery Efforts,
GAO-20-625 (Washington, D.C.: June 25, 2020).




Page 2                                             GAO-23-105478 Unemployment Insurance
(including from fraud), 9 and difficulties reporting UI program activities to
DOL, among other challenges. 10

The increased significance of UI during the pandemic not only drew
attention to states’ IT challenges, it also shined a spotlight on other
vulnerabilities in the overarching UI system, 11 including its susceptibility to
fraud, waste, abuse, and mismanagement. Based on findings from the
DOL OIG, our prior reports, and the urgent need to address persistent
issues in the UI system, we determined in June 2022 that the UI system
should be on our High-Risk List and made an out-of-cycle high-risk
designation. 12 Our high-risk designation was intended to help spur
progress in resolving persistent issues by drawing attention to such
issues and ways the federal government can lead efforts to find solutions.
We reported that such efforts include implementing our open
recommendations and those of the DOL OIG. As of July 2023, we had 19
recommendations that were not yet implemented. 13

You asked us to review states’ UI IT systems modernization issues. Our
specific objectives were to (1) provide the status of modernization efforts

9An improper payment is defined as any payment that should not have been made or that
was made in an incorrect amount (including overpayments and underpayments) under
statutory, contractual, administrative, or other legally applicable requirements. It includes,
but is not limited to, any payment to an ineligible recipient. See 31 U.S.C. § 3351(4). While
improper payments may be the result of errors, some may also be the result of fraudulent
activities.
10GAO, Unemployment Insurance: Transformation Needed to Address Program Design,
Infrastructure, and Integrity Risks, GAO-22-105162 (Washington, D.C.: June 7, 2022) and
Department of Labor, Office of Inspector General, COVID-19: States Struggled to
Implement CARES Act Unemployment Insurance Programs, Report No. 19-21-004-03-
315 (Washington, D.C.: May 28, 2021).
11The UI system includes UI programs that were established prior to the COVID-19
pandemic (including the regular UI program and Extended Benefits), the programs
established in response to the COVID-19 pandemic (such as Pandemic Unemployment
Assistance and Federal Pandemic Unemployment Compensation, among others), and the
state and federal administration needed to run the programs.
12GAO-22-105162. The High-Risk List highlights federal programs and operations that we
have determined are in need of transformation. The High-Risk List also names federal
programs and operations that are vulnerable to waste, fraud, abuse, and mismanagement.
We release a High-Risk series report every 2 years at the start of each new Congress. As
in this case, we sometimes make out-of-cycle designations to highlight urgent issues, help
ensure focused attention, and maximize the opportunity for the federal government to take
action.
13For a list of the 19 recommendations, see GAO-23-106586, appendix III.




Page 3                                             GAO-23-105478 Unemployment Insurance
for selected states, including the use of contractors for such efforts; (2)
identify notable modernization successes and challenges; and (3)
evaluate DOL’s management activities in assisting states with their
modernization efforts and whether it has provided effective oversight of
those efforts.

To address our first and second objectives, we selected and examined
the IT modernization efforts of eight states. 14 To make our state selection,
we first excluded states that were included in our other UI-related
reviews, as well as reviews being conducted by DOL’s OIG. 15 We then
selected the eight states on the basis of varying regional locations,
population size, modernization status, and timeliness of benefit payments
in the regular UI program. We also took into consideration states’
participation in DOL’s first effort to conduct a pilot test of UI technology
solutions—known as the claimant experience pilot—and its initiative to
send expert teams to states. Although our sample is non-generalizable,
these states offered insight and perspective of their experiences in
modernizing UI systems, including the role of contractors, successes, and
challenges.

To provide the status of modernization efforts for the selected states and
determine the role of contracting, we reviewed states’ documentation of
their modernization planning and development efforts, such as project
plans, status reports, and contracting documents (e.g., requests for
proposals). We also held discussions with officials from the selected
states’ UI agencies regarding the status of and plans for state UI
modernization efforts and the role of contracting in such efforts. We
assessed the reliability of the data related to the status of selected states’
modernization efforts, such as schedule estimates, and determined that
the data were sufficiently reliable for our purposes.

To identify notable modernization successes and challenges, we
reviewed the selected states’ UI modernization documentation, such as
lessons learned reports and presentations. We also interviewed relevant
UI officials from the states to identify additional modernization successes


14The eight states selected for our study were Arkansas, Delaware, Maine, Nevada, Ohio,
Pennsylvania, Tennessee, and Texas.
15The specific states and territory we excluded were Arizona, Florida, Massachusetts,
Michigan, Minnesota, Wyoming, California, Florida, Georgia, Kentucky, New Jersey,
Virginia, and the Virgin Islands.




Page 4                                           GAO-23-105478 Unemployment Insurance
             and challenges reported by the officials, and discuss means for
             addressing the challenges.

             To address our third objective, we reviewed relevant DOL documentation,
             such as project plans, strategies, and contracts. We then evaluated the
             department’s claimant experience pilot against leading pilot design
             practices from our prior work 16 and key contract management activities
             from the Federal Acquisition Regulation, the Software Engineering
             Institute, and our prior work. 17 To evaluate DOL’s oversight of states’
             modernization efforts, we reviewed DOL’s policies, procedures, and
             guidance, and compared the department’s efforts against leading
             practices for measuring the performance of IT systems identified in our
             prior work and by the Office of Management and Budget. 18 We also
             interviewed DOL officials regarding the department’s management and
             oversight efforts. Further details on our objectives, scope, and
             methodology are provided in appendix I.

             We conducted this performance audit from October 2021 to July 2023 in
             accordance with generally accepted government auditing standards.
             Those standards require that we plan and perform the audit to obtain
             sufficient, appropriate evidence to provide a reasonable basis for our
             findings and conclusions based on our audit objectives. We believe that
             the evidence obtained provides a reasonable basis for our findings and
             conclusions based on our audit objectives.

             The federal government and states work together to administer UI
Background   programs. Under this arrangement, states design and administer their

             16GAO, Data Act: Section 5 Pilot Design Issues Need to Be Addressed to Meet Goal of
             Reducing Recipient Reporting Burden, GAO-16-438 (Washington, D.C.: Apr. 19, 2016).
             17Federal Acquisition Regulation (FAR) subpart 37.5—Management Oversight of Service
             Contracts and Part 46—Quality Assurance (Note: as used in this report, the FAR is only
             applicable to the Department of Labor and its acquisitions), Carnegie Mellon University’s
             Software Engineering Institute, Capability Maturity Model Integration® for Acquisition,
             Version 1.3 (CMMI-ACQ V 1.3) (Pittsburgh, Pa.: November 2010), and GAO, USDA
             Systems Modernization: Management and Oversight Improvements Are Needed,
             GAO-11-586 (Washington, D.C.: July 20, 2011).
             18See GAO, Designing Evaluations: 2012 Revision (Supersedes PEMD-10.1.4),
             GAO-12-208G (Washington, D.C.: Jan. 31, 2012); Executive Guide: Measuring
             Performance and Demonstrating Results of Information Technology Investments,
             GAO/AIMD-98-89 (Washington, D.C.: March 1998); and Executive Office of the President,
             Office of Management and Budget, Circular A-11, Preparation, Submission, and Execution
             of the Budget (August 2022).




             Page 5                                           GAO-23-105478 Unemployment Insurance
own programs within federal parameters. These federal parameters set
forth broad provisions that determine worker eligibility for the program,
some benefits requirements, and aspects of program administration,
among other things. States have considerable flexibility to set benefit
amounts and their duration, and to establish eligibility requirements and
other program details. States also are to provide customer service and
address program integrity and improper payments in their UI programs.

Within the context of the federal-state partnership, DOL has general
responsibility for overseeing the UI program to ensure that the states are
operating the program properly and efficiently. 19 For example, DOL is
responsible for monitoring state operations and procedures, providing
technical assistance and training, and analyzing UI program data to
diagnose potential problems.

To oversee the program, the Office of Unemployment Insurance within
DOL’s Employment and Training Administration (ETA) and ETA offices in
six geographic regions are responsible for working with the states. The
regional offices are the states’ main points of contact with DOL and serve
as a link between the department and the states for providing technical
assistance and clarifying program policies, objectives, and priorities.
Moreover, the regional offices have primary responsibility for overseeing
the fiscal and management integrity of the UI program. This oversight
includes ensuring that states do not provide unemployment compensation
to ineligible recipients and ensuring that states detect these
overpayments when they do occur.

Regular UI benefits—those provided by state UI programs since before
the CARES Act was enacted—are funded primarily through state taxes
levied on employers. These benefits are intended to replace a portion of a
claimant’s previous employment earnings, according to DOL. 20




19See 42 U.S.C. § 502(a); see also 20 C.F.R. Parts 601 (Administrative Procedure) and
602 (Quality Control in the Federal-State Unemployment Insurance System).
20To be eligible for regular UI benefits, applicants must generally demonstrate workforce
attachment, be able and available to work, and be actively seeking work. 42 U.S.C. §
503(a)(12). Administration of the regular UI program is financed by a federal tax on
employers, under the Federal Unemployment Tax Act (codified at 26 U.S.C. § 3302).




Page 6                                            GAO-23-105478 Unemployment Insurance
The CARES Act created three federally funded temporary UI programs
that expanded benefit eligibility and enhanced benefit amounts. 21 These
programs were subsequently extended and amended by the
Consolidated Appropriations Act, 2021, as well as the American Rescue
Plan Act of 2021, and expired in September 2021. 22

1. Pandemic Unemployment Assistance authorized UI benefits for
   individuals not otherwise eligible for UI benefits, such as self-
   employed workers and independent contractors, who were unable or
   unavailable to work because of specified COVID-19-related
   reasons. 23
2. Federal Pandemic Unemployment Compensation generally
   authorized an additional weekly benefit for individuals who were
   eligible for weekly benefits under the permanent UI programs—e.g.,
   regular UI—and the temporary CARES Act UI programs. 24




21Coronavirus Aid, Relief, and Economic Security (CARES) Act, Pub. L. No. 116-136, §§
2102, 2104, 2107, 134 Stat. 281, 313-28 (March 27, 2020). The CARES Act also
addressed other elements of the UI system. For example, the act in § 2108 authorized
certain flexibilities for states to hire additional staff and to participate in Short-Time
Compensation programs, which allow workers to work reduced hours while receiving
partial pay and partial UI benefits.
22Twenty-four states ended their participation in at least one of these programs before the
programs expired in September 2021.
23At the time of the program’s expiration in September 2021, Pandemic Unemployment
Assistance generally authorized up to 79 weeks of benefits. American Rescue Plan Act of
2021, Pub. L. No. 117-2, § 9011(a), (b), 135 Stat. 4, 118 (March 11, 2021); It was first
extended from December 31, 2020, to March 14, 2021. Consolidated Appropriations Act
of 2021, Pub. L. No. 116-260, div. N, tit. II, § 201(a), (b), 134 Stat. 1182, 1950-1951
(December 27, 2020); PUA was first authorized until December 31, 2020. Coronavirus
Aid, Relief, and Economic Security (CARES) Act, Pub. L. No. 116-136, § 2102, 134 Stat.
281, 313 (March 27, 2020).
24Federal Pandemic Unemployment Compensation generally authorized an additional
$600 benefit through July 2020 as well as an additional $300 benefit for weeks beginning
after December 26, 2020, through the end of the program. American Rescue Plan Act of
2021, Pub. L. No. 117-2, § 9013, 135 Stat. 4, 119; Consolidated Appropriations Act of
2021, Pub. L. No. 116-260, div. N, tit. II, § 203, 134 Stat. 1182, 1953; Coronavirus Aid,
Relief, and Economic Security (CARES) Act, Pub. L. No. 116-136, § 2104 Stat. 281, 318
(March 27, 2020).




Page 7                                            GAO-23-105478 Unemployment Insurance
3. Pandemic Emergency Unemployment Compensation generally
   authorized additional weeks of UI benefits for those who had
   exhausted their regular UI benefits. 25

In addition, the Consolidated Appropriations Act, 2021 created the Mixed
Earner Unemployment Compensation program. This program was
extended by the American Rescue Plan Act of 2021 and expired in
September 2021. 26 According to DOL, the Mixed Earner Unemployment
Compensation program was intended to cover regular UI claimants
whose benefits do not account for significant self-employment income
and who thus may have received a lower regular UI benefit than the
benefit they would have received had they been eligible for Pandemic
Unemployment Assistance. 27

To help states administer their regular UI programs, DOL’s UI State
Administration Program funds grants to states. 28 Generally, DOL has
used national projections of UI agencies’ workload related to the volume
of claims, as well as other factors, to develop the President’s budget
request for the UI State Administration Program. After funds are
appropriated, DOL uses a formula, and considers state workloads


25At the time of the program’s expiration, Pandemic Emergency Unemployment
Compensation generally authorized an additional 53 weeks of benefits for claimants who
were fully unemployed. American Rescue Plan Act of 2021, Pub. L. No. 117-2, § 9016(a),
(b), 135 Stat. 4, 119-120 (March 11, 2021); Consolidated Appropriations Act of 2021, Pub.
L. No. 116-260, div. N, tit. II, § 206(a), (b), 134 Stat. 1182, 1954 (December 27, 2020);
Coronavirus Aid, Relief, and Economic Security (CARES) Act, Pub. L. No. 116-136, §
2107, 134 Stat. 281, 323 (March 27, 2020).
26The Mixed Earner Unemployment Compensation program, which was voluntary for
states, authorized an additional $100 weekly benefit for certain UI claimants who received
at least $5,000 of self-employment income in the most recent tax year prior to their
application for UI benefits between December 27, 2020 and September 6, 2021. American
Rescue Plan Act of 2021, Pub. L. No. 117-2, § 9013(a), 135 Stat. 4, 119 (March 11,
2021); Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, div. N, tit. II, §
261(a)(1), 134 Stat. 1182, 1961 (December 27, 2020).
27According to DOL, 51 states and territories elected to participate in the Mixed Earner
Unemployment Compensation program, with Idaho and South Dakota opting not to
participate. Twenty-three states terminated their participation in June or July 2021, and the
remaining 28 states and territories continued participating in the Mixed Earner
Unemployment Compensation program until it expired in September 2021. Maryland
intended to terminate participation but did not because of litigation at the state level,
according to DOL.
2842 U.S.C. § 502(a).




Page 8                                             GAO-23-105478 Unemployment Insurance
                            estimates and other information that states provide to the department, to
                            allocate funding to states.

                            Since funding is calculated, in part, on the basis of claims-related
                            workloads, the federal funding made available to states is generally
                            sensitive to changes in total claims, with more funding becoming available
                            when the number of claims increases and less when they decrease. Due,
                            in part, to reduced workloads as a result of low unemployment levels, this
                            funding declined steadily during the decade before the pandemic. From
                            fiscal years 2010 to 2019, funding available for state administration
                            declined from approximately $3.2 billion to approximately $2.5 billion, a
                            decline of about 21 percent. 29

                            DOL has also provided some additional administrative funding, when
                            available, to states to assist with various aspects of states’ UI programs,
                            including IT modernization. For example, in 2017, the department
                            awarded supplemental grants to support states’ UI IT modernization. 30
                            States may also use additional state funding to administer their UI
                            programs, including modernizing IT; however, according to DOL, not all
                            states do so. The CARES Act and other subsequent legislation included
                            provisions for funding states’ administration of the temporary UI
                            programs. 31

States’ UI IT Environment   States rely extensively on IT to carry out their UI program functions.
                            Specifically, IT systems are used to administer the programs and to
                            support related administrative needs. For example, benefit systems are
                            used for:

                            •   determining eligibility for benefits;
                            •   recording claimant filing information, such as demographic
                                information, work history, and qualifying wage credits;



                            29After adjusting for inflation, this represents a decline of about 32 percent, using the
                            gross domestic product price index.
                            30See Department of Labor, Unemployment Insurance Program Letter 22-17,
                            Unemployment Insurance Supplemental Funding Opportunity for State Consortia to
                            Modernize Tax and Benefit Systems (Sept. 8, 2017).
                            31Coronavirus Aid, Relief, and Economic Security (CARES) Act, Pub. L. No. 116-136, §
                            2103, 134 Stat. 281, 317 (March 27, 2020); Consolidated Appropriations Act of 2021, Pub.
                            L. No. 116-260, div. H, tit. I, 134 Stat. 1182, 1551 (December 27, 2020); American Rescue
                            Plan Act of 2021, Pub. L. No. 117-2, § 9031a), 135 Stat. 4, 119-121 (March 11, 2021).




                            Page 9                                              GAO-23-105478 Unemployment Insurance
                          •    determining updates as needed, such as changes in work-seeking
                               status; and
                          •    calculating state-specific weekly and maximum benefit amounts.

                          In addition, tax systems are used for:

                          •    online reporting and payment of employers’ tax and wage accounts;
                          •    calculating tax, wage, and payment adjustments, as well as any
                               penalties and interest accrued;
                          •    processing quarterly tax and wage amounts;
                          •    determining and processing late payment penalties, interest, civil
                               penalties, or fees; and
                          •    adjusting previously filed tax and wage reports as a result of a tax
                               audit, an amended report submitted by the employer, or an
                               erroneously keyed report.

                          States also use an appeals system to provide appellate and due process
                          rights to claimants and employers. An appeals system allows any party
                          (claimant or employer) who is dissatisfied with an adjudicator’s decision to
                          contest that decision. Appeals systems rely on IT to support virtual
                          hearings, document and manage case files, and records keeping.

                          Many states continue to rely on legacy IT systems developed in the
                          1970s and 1980s. Legacy systems run on outdated or unsupported
                          hardware and software that are expensive to maintain and may use older
                          programming languages such as the Common Business Oriented
                          Language. 32 According to the National Association of State Workforce
                          Agencies (NASWA), as of June 2023, 34 of the 53 states and territories
                          were still using legacy IT systems to support their UI benefits systems, tax
                          systems, or both. 33

GAO and Others Have       We and the DOL OIG have reported on the risks and challenges that
Reported States’ Legacy   legacy systems pose for state UI programs, which have led to, among
Systems Pose Challenges
                          32The Common Business Oriented Language, which was introduced in 1959, became the
                          first widely used, high-level programming language for business applications.
                          33NASWA represents all 50 state workforce agencies, the District of Columbia, and U.S.
                          territories.




                          Page 10                                         GAO-23-105478 Unemployment Insurance
other things, reduced efficiency and effectiveness. Examples of these
include:

•   Prior to the COVID-19 pandemic, in May 2016, we reported that
    legacy IT systems were a challenge for many states, according to our
    survey. 34 Specifically, 29 of 48 states (60 percent) reported that their
    IT systems had significant limitations, which had implications for the
    ability of state programs to efficiently process UI claims and serve
    claimants. 35 For example, state officials reported that outdated
    systems led staff to have to check multiple systems for claims
    information, which could lead to errors in processing claims that
    significantly reduced the efficiency and effectiveness of the program.
    Additionally, state officials told us that because claimants could not
    check status updates and other information online, they needed to
    rely on phone call centers, which also consumed significant staff
    resources.
•   In June 2020, we reported that the unprecedented number of UI
    claims posed challenges for states’ capacity to process them. 36
    Specifically, state UI programs faced challenges with legacy data
    systems. According to DOL and representatives of state workforce
    agencies, states with UI IT systems that dated as far back as the
    1970s had reported system performance issues. We further noted that
    relatively few states had load-tested their systems to handle large
    volumes of claims, according to representatives of state workforce
    agencies.
•   In May 2021, the DOL OIG reported that states with legacy systems
    started the Pandemic Emergency Unemployment Compensation
    program 15 days slower than states with modernized systems, and
    the Pandemic Unemployment Assistance program 8 days slower on
    average. 37 Further, the OIG reported that legacy IT systems were a
    primary hindrance to states’ ability to implement CARES Act UI
    programs more effectively. Specifically, the OIG reported that officials

34GAO, Unemployment Insurance: States’ Customer Service Challenges and DOL’s
Related Assistance, GAO-16-430 (Washington, D.C.: May 12, 2016).
35We did not receive survey responses from UI programs in the District of Columbia, North
Carolina, and Vermont. Our review did not include UI programs in Puerto Rico and the
U.S. Virgin Islands.
36GAO-20-625.

37Department of Labor Office of Inspector General, Report No. 19-21-004-03-315.




Page 11                                          GAO-23-105478 Unemployment Insurance
    from 17 of 50 states and territories (34 percent) stated their IT
    systems were unable to implement provisions of the CARES Act, such
    as those creating the Pandemic Unemployment Assistance
    program. 38 The May 2021 report also identified legacy IT systems as
    one of the causes of states’ inability to detect and recover improper UI
    payments, including fraudulent payments. For example, state officials
    reported that their IT systems did not have functionality for detecting
    and recovering overpayments. The DOL OIG made four
    recommendations to DOL, including to conduct a study to assess the
    technological needs of UI programs. DOL agreed with the
    recommendations but, as of May 2023, had not yet implemented
    them.

Our prior work between 2012 and 2020 also identified challenges that
states faced in modernizing their legacy UI systems. 39 For example:

•   In 2012, we reported that the nine selected states we reviewed were
    facing various challenges in modernizing their legacy UI systems,
    such as funding uncertainty, staffing limitations, and contractor
    limitations. 40 Specifically, states reported that declining or inconsistent
    federal and state funding for UI IT modernization led to difficulties in
    project planning. In addition, states reported uncertainties surrounding
    their ability to procure sufficient funding throughout the entirety of their
    modernization efforts. We also found that state UI IT system
    development can be hindered by a shortage of staff with technical and
    project management expertise to manage IT modernization efforts. In
    addition, regarding contractor limitations, the states reported
    challenges related to using contractors for UI modernization efforts,
    including having too few contractors for selection.
    We recommended that DOL (1) comprehensively analyze and
    document challenges and lessons learned, and (2) distribute lessons
    learned to each state to share and foster ideas for effective


38Arkansas, Idaho, and Vermont were not included among the states.

39GAO-20-625; GAO-16-430; and GAO, Information Technology: Department of Labor
Could Further Facilitate Modernization of States’ Unemployment Insurance Systems,
GAO-12-957 (Washington, D.C.: Sept. 26, 2012).
40GAO, Information Technology: Department of Labor Could Further Facilitate
Modernization of States’ Unemployment Insurance Systems, GAO-12-957 (Washington,
D.C.: Sept. 26, 2012). The nine states reviewed were California, Colorado, Florida,
Indiana, Minnesota, Ohio, Tennessee, Vermont, and Virginia.




Page 12                                        GAO-23-105478 Unemployment Insurance
    modernization of UI systems. The department implemented our two
    recommendations.
•   In 2016, we reported that the three states we selected for site visits
    were facing challenges in modernizing their systems. 41 Officials in the
    three states cited federal administrative funding constraints as the
    primary challenge.
•   In June 2020, we reported that states faced challenges in ensuring
    sufficient system capacity to process the unprecedented number of UI
    claims during the COVID-19 pandemic. 42 According to NASWA
    officials, this challenge with claims processing was due to states not
    sufficiently load testing their systems to handle large volumes of
    claims prior to the pandemic.

In June 2022, we reported on the results of a stakeholder panel we
convened to identify specific options for transforming UI program,
including modernizing UI IT systems. 43 Stakeholder panelists identified
strategies to help improve UI system infrastructure, including options to
overcome challenges associated with modernizing IT systems. For
example, multiple panelists suggested that states should

•   increase the focus on the user experience in state UI IT systems;
•   ensure that staff have project and product management expertise; 44


41GAO-16-430. The three states we reviewed were California, New York, and Texas.

42GAO-20-625.

43See GAO-22-105162. The stakeholder panel included a 2-day virtual roundtable
composed of 16 stakeholder panelists whom we selected from government, the private
sector, public-private partnerships, and academia to discuss topics related to transforming
UI programs. We identified options for UI transformation, including those related to
improving UI system infrastructure, based on our analysis of the stakeholder panel
discussions. These options for transformation are not listed in any specific rank or order,
and their inclusion in this report, and our prior report, should not be interpreted as GAO
endorsing any of them. We did not assess how effective the potential transformation
options may be or the extent to which program design modifications, and federal financial
support would be needed to implement any given transformation option or combination of
transformation options. The options presented do not represent a consensus among
panelists but instead represent options presented by at least one panelist and then, in
most cases, discussion by the group as a whole.
44Product management is the practice of identifying customer requirements, prioritizing
those requirements, and interfacing with product owners to confirm alignment between the
software components and enterprise goals.




Page 13                                           GAO-23-105478 Unemployment Insurance
                           •   use incremental or modular development and implementation
                               practices; 45 and
                           •   establish well-defined modernization outcome goals.

                           Our report noted that long-standing challenges with UI administration and
                           states’ use of legacy systems pose significant risk to UI service delivery,
                           and challenges with program integrity (including improper payments)
                           increase the risk of significant financial losses. Accordingly, we
                           recommended that DOL develop and implement a plan for transforming
                           UI that meets our high-risk criteria for transformations. DOL agreed with
                           the recommendation. As of July 2023, the department had not yet
                           implemented it.

DOL’s Prior and Ongoing    As mentioned earlier, DOL has general responsibility for overseeing the
Efforts to Assist States   UI program to ensure that the states are operating their programs
                           effectively and efficiently. DOL has taken steps to assist states with their
with Modernization
                           IT modernization efforts, such as providing funding, when available, and
                           technical assistance. For example, between 2009 and 2017, the
                           department provided limited supplementary grants to support the
                           establishment of state consortiums, in which three or four states work
                           together to develop and share a common system. 46




                           45Incremental or modular development is where an investment may be broken down into
                           discrete projects, increments, or useful segments, each of which are undertaken to
                           develop and implement the products and capabilities that the larger investment must
                           deliver. Dividing investments into smaller parts helps to reduce investment risk, deliver
                           capabilities more rapidly, and permit easier adoption of newer and emerging technologies.
                           46For example, Department of Labor, Unemployment Insurance (UI) Supplemental
                           Funding Opportunity for Automated Integrity Related Systems: Including Systems to
                           Improve Services and/or Performance, UI Program Letter (UIPL) 31-09, Change 1
                           (Washington, D.C.: August 21, 2009) and Unemployment Insurance (UI) Supplemental
                           Funding Opportunity for Program Integrity and Performance and System Improvements,
                           UIPL 26-11, (Washington, D.C.: July 18, 2011). According to DOL, during this prior effort,
                           the department did not have sufficient funding to provide funding or technical assistance to
                           all states; therefore, it provided funding and technical assistance to some states in a
                           consortium environment to maximize the impact of the funds available.




                           Page 14                                           GAO-23-105478 Unemployment Insurance
DOL reported to Congress from 2015 to 2020 on the progress of the
consortium projects. 47 For example, in 2019, it reported that Mississippi—
a member of the ReEmployUSA Consortium—deployed state-specific UI
benefits and tax systems in a cloud environment in 2019. 48 However,
DOL also reported that the state consortium efforts faced a number of
challenges, including system quality issues and financial challenges,
among others. For example, in 2016, the Wyoming, Colorado, Arizona,
and North Dakota (WyCAN) Consortium reported that its biggest
challenge was that its contractor was unable to deliver a working,
modernized system to the consortium’s satisfaction, causing significant
delays and legal challenges. 49

As of February 2023, according to DOL, most of the remaining consortia
states have deployed their systems. Appendix II contains additional
details regarding state consortium successes and challenges.

As another method to assist states, DOL’s ETA provides states with
technical assistance on IT modernization by funding and overseeing the
Information Technology Support Center (ITSC), operated by NASWA. 50
According to ETA officials, ITSC supports state UI IT modernization
efforts by collecting and disseminating information, providing training,
maintaining a collection of software tools and components, and helping
states leverage the systems and products built by other states.

In 2015, ETA, in collaboration with ITSC, announced a new pre-
implementation planning checklist to assist state UI agencies in preparing

47In the explanatory statement that accompanied the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L No. 113-235), which was published in the Congressional
Record of December 11, 2014 (p. H 9827), Congress expressed concern that automation
acquisition projects being carried out by state consortia to modernize their UI IT systems
were behind schedule. The explanatory statement directed DOL to submit to the House
and Senate Committees on Appropriations a report by April 1 of each fiscal year, until the
funds available to the consortia are expended or expire, the status of all project funds and
analysis of each project’s progress toward executing the acquisition plans.
48The ReEmployUSA consortium included Connecticut, Maine, Mississippi, Rhode Island,
and Oklahoma.
49The WyCAN Consortium later disbanded and Wyoming was the only state remaining
when it implemented its modernized integrated benefits, appeals, and tax system in 2019.
50ITSC was created in 1994 as a partnership between DOL and the Maryland Department
of Labor, Licensing, and Regulation to support state UI IT initiatives. DOL supports ITSC
through grants to the Maryland agency, and ITSC’s Steering Committee includes
representatives from ETA.




Page 15                                           GAO-23-105478 Unemployment Insurance
to launch modernized UI IT systems that support the administration of UI
benefits or tax operations, or both. 51 The pre-implementation checklist
denotes critical function areas that states must verify prior to launching a
new UI IT system, such as call center and customer service operations,
staff training on new system operations, customer help desk support, and
contractor support. Any state that is preparing to launch a new UI IT
system must certify that it has reviewed and accomplished, or has
developed an appropriate plan addressing, these categories in a report.

More recently, in August 2021, DOL announced plans to, among other
things, use $2 billion in funding, provided by the American Rescue Plan
Act of 2021, to further assist states with modernizing their IT systems,
detecting and preventing fraud, promoting equitable access, and assuring
the timely payment of UI benefits. 52 According to the act, such funds may
be used for federal administrative costs, system-wide infrastructure
investment and development, and to make grants to states or territories
administering UI programs. 53

Also in August 2021, DOL announced the establishment of the Office of
Unemployment Insurance Modernization (OUIM) within the Office of the
Secretary to provide strategic leadership as the department works with
state agencies and federal partners. 54 Using funding from the American
Rescue Plan Act of 2021, DOL’s OUIM initiated several efforts to assist

51DOL announced the pre-implementation checklist in 2015, subsequently began
requiring states to complete it in 2018, and released a reporting revision in 2020.
Department of Labor, Pre-Implementation Planning Checklist for State Unemployment
Insurance (UI) Information Technology (IT) Modernization Projects, Training and
Employment Notice 28-14 (Washington, D.C.: Mar. 27, 2015); ETA 9177 Report – Pre-
Implementation Planning Checklist Report for State Unemployment UI IT Modernization
Projects, UIPL 11-18 (Washington, D.C.: Aug. 17, 2018); and Employment and Training
Administration (ETA) 9177 Report - Pre-Implementation Planning Checklist Report for
State Unemployment Insurance (UI) Information Technology (IT) Modernization Projects –
Additional Updates to the ETA 9177 Report and Reporting Instructions, UIPL 11-18,
Change 1 (Washington, D.C.: July 16, 2020).
52Department of Labor, US Department of Labor Announces Funding to States to
Modernize Unemployment Insurance System, Combat Fraud, Address Equity
(Washington, D.C.: Aug. 11, 2021).
53American Rescue Plan Act of 2021, Pub. L. No. 117-2, § 9032, 135 Stat. 4, 121 (March
11, 2021) amending the CARES Act (Pub. L. No. 116-136) at § 2118.
54Department of Labor, Fact Sheet: Unemployment Insurance Modernization: American
Rescue Plan Act Funding for Timely, Accurate and Equitable Payment in Unemployment
Compensation Programs (Washington, D.C.: Aug. 11, 2021).




Page 16                                         GAO-23-105478 Unemployment Insurance
                        states with their IT modernization efforts, including providing funding in
                        the form of grant opportunities to, among other things, protect against
                        fraud and send teams of experts (referred to by DOL as tiger teams) to
                        states. DOL also announced that it had begun working with the U.S.
                        Digital Service to develop modular technology solutions that states may
                        adopt as part of ongoing modernization and improvement efforts. 55 These
                        efforts are discussed in more detail later in this report.

                        In June 2023, DOL reported that it is reviewing its plan to support UI IT
                        modernization in light of the reductions imposed by the Fiscal
                        Responsibility Act of 2023. 56

                        The eight states in our study are in varying phases 57 of modernizing their
Selected States Vary    UI systems. Specifically, as of February 2023, six of the eight states had
in Their UI System      modernization efforts underway, but not yet completed. Specifically,
Modernization Efforts   •   one state was in the requirements analysis phase during which, for
and Rely Extensively        example, the business requirements are to be validated; and
on Contractors          •   five states were in a combination of phases that included planning,
                            analyzing system requirements, design, development, testing, and
                            operations and maintenance (also called a “mixed” phase, meaning a
                            portion of the system is in one phase of modernization—for example,

                        55The U.S. Digital Service, a component within OMB, was established by the President in
                        August 2014 and aims to improve the most important public-facing federal digital services.
                        According to DOL, the U.S. Digital Service’s involvement in the department’s efforts to
                        develop modular technology solutions ended in May 2022.
                        56In June 2023, the Fiscal Responsibility Act reduced DOL’s American Rescue Plan Act
                        funding by $1 billion. See Fiscal Responsibility Act of 2023, Pub. L. No. 118-5, § 24, 137
                        Stat. 10, 27 (June 3, 2023).
                        57As we previously reported in GAO-12-957, the phases of modernizing a system can be
                        sequential or overlapping and performed in an incremental manner. The phases include
                        (1) initiation, which identifies a business need that requires a technological solution; (2)
                        concept, when the IT governance organization approves the business needs statement;
                        (3) planning, which begins when the project has been formally approved and funded; (4)
                        requirements analysis, during which the business requirements are validated and further
                        analyzed and decomposed into functional and nonfunctional requirements; (5) design,
                        which develops detailed specifications that emphasize the physical solution to the end
                        user’s IT needs; (6) development, in which the system developer takes the detailed design
                        information and transforms it into machine executable form; (7) test, to determine whether
                        the business product developed or acquired is ready for implementation; (8)
                        implementation, in which the business product is moved from development status to
                        production status; and (9) operations and maintenance, in which the certified and
                        accredited business product operates in a full-scale production environment.




                        Page 17                                           GAO-23-105478 Unemployment Insurance
                                                planning—but another portion is in a different phase—for example,
                                                operations and maintenance).

                                           According to officials from the six states, these efforts are expected to
                                           replace legacy UI systems, including benefit, appeals, and tax systems,
                                           that ranged from 7 to about 50 years old. 58 The six states reported
                                           planned modernization timelines that range from 2 to 7 years, 59 and
                                           estimated costs between $35 to $85 million. 60

                                           The remaining two states completed modernization efforts in 2018 and
                                           2021 and were in the operations and maintenance phase. Both states’
                                           modernization efforts took approximately 6 years and cost $32 and $90
                                           million, respectively.

                                           Table 1 provides an overview of each state’s modernization effort—
                                           specifically, the age of each state’s systems, modernization status and
                                           phase, timeline, and costs. Following table 1 is a graphical depiction of
                                           the modernization timelines of the selected states. Appendix III provides
                                           additional details for each state’s modernization efforts.

Table 1: Overview of Selected States’ Unemployment Insurance Modernization Efforts, as of February 2023

              System age, in years
State         (approximately)a         Status           Phase                          Timelineb             Cost (rounded)b, c
Arkansas      50 (benefits and         In progress      Mixed – planning and           2023 – 2025           $35 million
              appeals)                                  requirements analysis
              11 (tax)
Delaware      35 (benefits, appeals,   In progress      Mixed – planning and           2022 – 2026           $49 to $85 million
              and tax)                                  requirements analysis
Maine         5 (benefits, appeals,    Completed        Operations and                 2012 – 2018           $90 million
              and tax)                                  maintenance
Nevada        8-10 (benefits, appeals, In progress      Requirements analysis          2021 – 2025           $72 million
              and tax)



                                           58According to DOL, modernization is a continual process aimed at addressing unmet
                                           technological needs. For example, two states that completed UI system upgrades
                                           approximately 7 years ago are in the process of modernizing again.
                                           59As of February 2023, the estimated completion date for one state (Ohio) was not yet
                                           determined.
                                           60Modernization costs can vary based on a variety of factors, including the scope of the
                                           modernization effort and the complexity of state systems, among others. As of February
                                           2023, the total estimated costs for two states (Ohio and Tennessee) were not yet
                                           determined.




                                           Page 18                                           GAO-23-105478 Unemployment Insurance
                      System age, in years
State                 (approximately)a                      Status                     Phase                          Timelineb               Cost (rounded)b, c
Ohio                  20 (benefits and                      In progress                Mixed – planning and           2018 – Not yet          Total cost not yet
                      appeals)                                                         operations and                 determinedd             determined; $36 million
                      2 (tax)                                                          maintenance                                            for tax system
                                                                                                                                              modernization
Pennsylvania 2 (benefits and                                Completed                  Operations and                 2015 – 2021e            $32 million
             appeals)                                                                  maintenance
             12 (tax)
Tennessee             7 (benefits and                       In progress                Mixed – requirements           2021 – 2025             Total cost not yet
                      appeals)                                                         analysis, design, and                                  determined; $32 million
                      40 (tax)                                                         development                                            for benefits and
                                                                                                                                              appeals systems
                                                                                                                                              modernization


Texas                 35 (benefits, appeals,                In progress                Mixed – requirements           2018 – 2024             $76 million
                      and tax)                                                         analysis, design, and
                                                                                       testing
Source: GAO analysis of state information and interviews with state officials. | GAO-23-105478
                                                                  a
                                                                   State unemployment insurance benefits, appeals, and tax systems may be designed as standalone
                                                                  systems, or as part of an integrated system.
                                                                  b
                                                                   For states that have a modernization status of ‘Completed,’ the modernization timelines and
                                                                  modernization costs are actuals. For other states with a modernization status of ‘In progress,’ the
                                                                  timelines and costs are estimated. States that have completed their projects have deployed their
                                                                  systems and entered the operations and maintenance phase.
                                                                  c
                                                                   Modernization costs can vary based on a variety of factors, including the scope of the modernization
                                                                  effort and the complexity of state systems, among other factors.
                                                                  d
                                                                   Ohio’s tax system modernization effort was initiated in 2018 and completed in 2021. As of February
                                                                  2023, the state was in the planning stages of its benefits and appeals system modernization and had
                                                                  not yet determined an anticipated completion date.
                                                                  e
                                                                      Pennsylvania’s 2015 to 2021 modernization effort focused on its benefits and appeals systems only.




                                                                  Page 19                                                   GAO-23-105478 Unemployment Insurance
Figure 1: Unemployment Insurance System Modernization Timeline for Selected States (as of February 2023)




                                        Note: Timelines represent state efforts to modernize their unemployment insurance benefits, appeals,
                                        and tax systems, unless otherwise noted.
                                        a
                                            Arkansas’ modernization effort is focused on its benefits and tax systems only.
                                        b
                                            Nevada previously completed a modernization of its benefits, appeals, and tax systems in 2015
                                        c
                                         Ohio’s tax system modernization effort was initiated in 2018 and completed in 2021. As of February
                                        2023, the state was in the planning stages of its benefits and appeals system modernization and had
                                        not yet determined an anticipated completion date.
                                        d
                                            Pennsylvania’s 2015 to 2021 modernization effort focused on its benefits and appeals systems only.
                                        e
                                            Tennessee previously completed a modernization of its benefits and appeals system in 2016.


                                        Officials from the six states that were in the process of modernizing cited
                                        a number of goals for their efforts. These included enhancing customer
                                        experience, increasing efficiency, improving business processes, and
                                        increasing flexibility to adapt to evolving federal and state requirements.
                                        Additionally, officials noted the need to address system issues faced
                                        during the COVID-19 pandemic. These issues included performance
                                        issues, difficulty implementing the UI pandemic programs, and limited
                                        system integration and automation that required additional time to
                                        process claims.




                                        Page 20                                                    GAO-23-105478 Unemployment Insurance
Selected States Rely         The eight states in our study rely extensively on contractors to support
Extensively on Contractors   their modernization efforts. Specifically,
to Support Their             •   all eight states have contracted with, or are in the process of
Modernization Efforts            contracting with, vendors to provide UI system development and
                                 implementation, modernized system maintenance and support,
                                 identity verification services, and program services (such as auditing);
                             •   seven states have contracted with, or are in the process of contracting
                                 with vendors, for UI modernization project management and
                                 modernization technical support;
                             •   four states use contractors to provide UI call center services, chatbot
                                 services, 61 and fraud detection; and
                             •   three states use contractors for customer relationship management.

                             Figure 2 provides the roles and responsibilities of contractors and how
                             many states use contractors for those services.




                             61A chatbot is a program that interacts directly in a free-form conversation with users via
                             natural language processing.




                             Page 21                                            GAO-23-105478 Unemployment Insurance
Figure 2: Contracting Roles and Responsibilities for Unemployment Insurance (UI) IT Systems Modernization for Selected
States (as of February 2023)




                                        a
                                         Indicates that the state plans to use a contractor for this role.
                                        b
                                         A chatbot is a program that interacts directly in a free-form conversation with users via natural
                                        language processing.


                                        The following information provides specific examples of the roles and
                                        responsibilities of contractors pertaining to modernization efforts for the
                                        selected states. Appendix III provides additional details about each state’s
                                        use of contractors.

                                        •    UI system development and implementation: All eight of the
                                             selected states reported that they had used, or were planning to use,
                                             contractors for the development and implementation of their
                                             modernized systems. For example, Texas contracted out its ongoing
                                             effort to develop and implement a modernized UI tax, benefits, and
                                             appeals system.
                                        •    Modernized UI system maintenance and support: All eight states
                                             are using, or planning to use, contractors for continued maintenance
                                             and support of their systems after the modernization projects are
                                             complete. For example, Pennsylvania’s modernized benefits and
                                             appeals system was developed, implemented, and is maintained by a
                                             contractor.



                                        Page 22                                                     GAO-23-105478 Unemployment Insurance
•   Identity verification: All eight states reported that they had
    contracted out for identity verification services. For example, Maine
    had a contract with NASWA to combat UI fraud through NASWA’s UI
    Integrity Center Integrity Data Hub 62 and to provide identity verification
    services.
•   UI program services: All eight states reported that they use
    contractors to support various aspects of their UI programs, including
    claimant case management and auditing. For example, Nevada
    officials said the state uses a contractor to provide an application that
    allows them to carry out employer audits.
•   Modernization project management: Seven states said that they
    had used, or were planning to use, separate contractors specifically
    for managing their UI modernization projects. For example,
    Tennessee officials told us that the state used a contractor to perform
    a needs assessment, develop a roadmap and strategy, and provide
    procurement services for their modernization project. The officials
    noted that Tennessee also plans to have the contractor provide
    guidance during the state’s modernization project.
•   Modernization technical support: Seven states told us they had
    used, or were planning to use, contractors for additional technical
    support for their modernization projects. Arkansas officials said they
    had a contract with NASWA to develop their modernization request for
    proposal and planned to use a contractor to provide technical support
    for their modernization.
•   Call center services: Four states reported that they contracted out,
    or planned to contract out, their call centers to vendors. For example,
    Tennessee officials stated that they had issued a proposal for a
    vendor to provide services for their call center.
•   Chatbot services: Four states reported that they use contractor-
    provided chatbot services to interact with customers on their websites.
    For example, Texas officials told us that a contractor is providing the
    state’s chatbot services.
•   Fraud detection: Four states said that they use contractor-provided
    fraud detection services to help prevent fraud. For example, Ohio
    officials said that the state uses multiple contractor products to detect
    and combat fraud.

62The Integrity Data Hub is a centralized, multistate data system that the UI Integrity
Center operates in partnership with DOL, using DOL funding. The Integrity Data Hub is
intended to provide state workforce agencies with cross-matching capabilities to analyze
UI claims data to detect and prevent UI fraud and improper payments.




Page 23                                          GAO-23-105478 Unemployment Insurance
                   •   Customer relationship management: Three states said that they
                       use contractor-provided customer relationship management software
                       to track interactions with claimants in order to address their needs in
                       an efficient manner. For example, Delaware officials noted that a
                       contractor manages their customer relationship software.

                   Selected states reported successes while in the process of modernizing.
Selected States    Specifically, most states reported success in using the technical services
Reported Several   provided by NASWA’s ITSC. In addition, several states noted success in
                   establishing collaborative relationships with contractors and obtaining
Modernization      assistance from DOL during modernization.
Successes and
                       Using NASWA ITSC’s services for modernization assistance. Six
Challenges         •
                       states reported success with using ITSC’s services during their
                       modernization efforts. Those states told us that the support center
                       provided assistance during the planning, requirements analysis, and
                       testing phases of their modernization efforts. For example, two states
                       received help to develop their requests for proposals because of
                       ITSC’s experience with other states’ modernization efforts. The
                       Administrator for the Employment Security Division from one of those
                       states said ITSC’s assistance enabled the state to write the proposal
                       to receive American Rescue Plan Act of 2021 funding before the
                       availability of funding expired. Without the support center’s help, the
                       state noted that it would not have been able to complete the proposal
                       within the allotted time.
                       As another example, a senior project manager on one state’s
                       modernization project told us that they coordinated with ITSC to
                       develop a questionnaire about other states’ modernization
                       experiences. The questionnaire was specifically intended to gather
                       information about other states’ experiences with contractors, requests
                       for proposals, and UI system modernization, in lieu of sending out a
                       request for information to contractors. The official said the state plans
                       to use that information to help officials make informed decisions about
                       their modernization projects.
                       Officials from another state reported that ITSC facilitated a partnership
                       of states who were contracting with the same vendor to share
                       successes and challenges. The officials described it as a peer-to-peer
                       group with the goal of connecting states to share best practices for
                       working with a particular contractor.
                   •   Establishing collaborative contractor relationships. Three states
                       cited collaborative relationships with contractors as a success factor in
                       their modernization efforts. Specifically, one state noted that it focused



                   Page 24                                    GAO-23-105478 Unemployment Insurance
    on sharing information, working in cohesion, and clearing obstacles
    with the contractor to move the project forward. Another state noted
    that it worked together with the contractor to achieve common goals
    by devoting less time placing blame for mistakes and more time on
    resolving problems.
•   Obtaining modernization assistance from DOL. Two states told us
    that DOL provided assistance during their modernization efforts. The
    Assistant Director for UI from one state told us DOL connected the
    assistant director with directors from other states in order to discuss
    their modernization efforts. Another state said it is using DOL’s
    expertise to analyze data in order to develop a baseline for ensuring
    equitable access to UI benefits for all eligible workers.

States also reported successes after completing a portion of, or all, of
their modernization efforts. Notably, half of the states reported successes
from migrating UI applications and services to the cloud. In addition, two
states reported areas of success in implementing the pandemic UI
programs quickly and improving UI business processes.

•   Obtaining benefits from migrating UI applications and services to
    cloud computing solutions. Four states told us that their states
    benefited from migrating UI applications and services to the cloud. For
    example, officials from two states noted that migrating their call center
    services to the cloud helped their states better manage the increase in
    the call volume during the pandemic. Officials from another state told
    us that having a modernized UI system hosted by a contractor in the
    cloud enabled the state to have a stable and flexible system during
    the pandemic. Another state said its cloud hosted system allowed it to
    adapt to the increase in demand for system resources during the
    pandemic.
•   Implementing the pandemic UI programs quickly. Two states
    reported success with having the ability to quickly implement new UI
    programs and respond to the pandemic because their systems were
    modernized. For example, officials from both states told us due to
    modernization they were able to quickly make the changes needed to
    their systems to implement the pandemic UI programs.
•   Improving UI business processes. Two states told us they had
    success in improving their UI business processes as a result of their
    modernizations. For example, officials from both states said
    modernization improved their business processes through automation
    and elimination of paper-based processes.




Page 25                                   GAO-23-105478 Unemployment Insurance
                           Additional successes cited by officials after modernization at their
                           respective states included improved security with the implementation of
                           multifactor authentication; 63 better identity verification; and improved
                           customer service management with the implementation of software to
                           manage, respond to, and resolve customer’s requests.

States Have Reported       Although the eight states in our study have taken, or are in the process of
Staffing, Contracting,     taking, steps to modernize the IT systems supporting their UI programs,
                           they have faced challenges while doing so. Most states have identified
Management, Financial,
                           challenges related to areas such as limited staff resources, contracting for
and Technical Challenges   modernization services, and management of the modernization effort.
                           Further, half of the selected states cited financial and technical
                           challenges. 64 Table 2 provides an overview of the reported challenges
                           and the number of states citing that challenge; the most common
                           challenges are discussed after the table.




                           63Multifactor authentication in computer networks involves using two or more factors to
                           ascertain authentication. Factors include something you know (password or personal
                           identification number), something you have (cryptographic identification device or token),
                           or something you are (biometric).
                           64In our earlier work, we heard similar comments from our stakeholder panelists,
                           specifically on state challenges related to funding, staffing, and contractor limitations. See
                           GAO-22-105162.




                           Page 26                                             GAO-23-105478 Unemployment Insurance
Table 2: Selected States’ Reported Unemployment Insurance (UI) IT System Modernization Challenges

Modernization challenges                                                                                            Number of states
Staffing                                                                                                                        7 of 8
Limited staff resources to support modernization                                                                                    7
Lack of staff with the necessary expertise                                                                                          6
Contracting                                                                                                                     6 of 8
Contractor did not dedicate enough staff resources, including those with UI experience                                              3
Alignment of goals with contractor                                                                                                  2
Coordination when using multiple contractors                                                                                        2
Design of contractor’s system was not customer-centric                                                                              2
Issues with the quality of the system delivered by the contractor                                                                   2
Lack of contractor knowledge about state laws, requirements, and existing systems and
processes                                                                                                                           2
Contractor schedule unrealistic                                                                                                     2
Contractor support to address system defects                                                                                        2
Adapting the contractor’s software to a larger state required a lot of changes to be made                                           1
Contractor communication issues                                                                                                     1
Contractor related delays                                                                                                           1
Management                                                                                                                      6 of 8
Legal requirements were difficult to implement                                                                                      3
Difficult to change organizational culture and processes                                                                            2
Focusing on modernization while responding to the COVID-19 pandemic                                                                 2
Complexity of UI business rules                                                                                                     1
Governance of a shared system (consortium)                                                                                          1
Lack of proper documentation on prior modernization efforts                                                                         1
Maintaining priority of modernization projects while supporting legacy system                                                       1
Financial                                                                                                                       4 of 8
Limited state funding for IT modernization                                                                                          2
Increase in project cost and complexity as a result of implementing a contractor product in the
state data center                                                                                                                   1
Lack of modernization funding from the Department of Labor, historically                                                            1
COVID-19 pandemic resulted in additional cost for state modernization project                                                       1
Significant ongoing costs for additional modifications for modernized system                                                        1
Technical                                                                                                                       4 of 8
Managing external stakeholders (e.g., interfaces, scheduling, technical requirements)                                               3
Testing the new system                                                                                                              1
Difficult to enhance legacy system due to instability                                                                               1




                                              Page 27                                             GAO-23-105478 Unemployment Insurance
 Modernization challenges                                                                                                         Number of states
 Changes to system requirements and goals (e.g., scope creep)                                                                                      1
 Determining system functionality when using a shared system                                                                                       1
 Training staff on the new system                                                                                                                  1
Source: GAO analysis of state information and interviews with state officials. | GAO-23-105478



Staffing                                                           Seven states reported staffing as a challenge to modernization, including
                                                                   ensuring that there are enough staff resources to support modernization
                                                                   efforts and a lack of staff with the necessary expertise for the
                                                                   modernization efforts.

                                                                   •      Limited staff resources to support modernization. Officials from
                                                                          seven states noted challenges with not having enough staff to support
                                                                          their modernization efforts. For example, officials from four states said
                                                                          they did not have enough resources to run their UI programs and IT
                                                                          systems while managing modernization efforts. Two states told us that
                                                                          responding to the increase in workload from the pandemic while
                                                                          working on the modernization of their UI systems was challenging.
                                                                          The Director of the Bureau of Unemployment Compensation from
                                                                          another state said taking staff away from supporting the UI program
                                                                          and dedicating them to the modernization effort can be challenging for
                                                                          a smaller state.
                                                                   •      Lack of staff with the necessary expertise. Officials from six states
                                                                          told us that the number of technical staff and UI subject matter experts
                                                                          available for modernization efforts was small. For example, officials
                                                                          from two states said that, overall, there were not enough IT and UI
                                                                          program subject matter experts and they were unable to ramp up staff
                                                                          to support their modernization projects or make changes to their
                                                                          current systems. Officials from two other states said staff who know
                                                                          their legacy systems may retire and replacing them will be difficult. As
                                                                          another example, officials from one state noted that their IT staff did
                                                                          not have the security and cloud expertise to support the new UI IT
                                                                          system, which is cloud based.

Contracting                                                        Six states reported challenges related to contracting during their UI
                                                                   modernization projects, such as not having enough staff resources from
                                                                   the contractor, issues with the alignment of modernization goals, and
                                                                   coordinating when using multiple contractors, among other areas.

                                                                   •      Lack of dedicated contractor staff resources, including those
                                                                          with UI experience. Officials from three states said their contractors
                                                                          did not dedicate enough personnel with experience in the UI space



                                                                   Page 28                                      GAO-23-105478 Unemployment Insurance
    and in depth knowledge to the modernization projects. For example,
    according to one state, it learned that the contractor’s staff was
    working on multiple state UI system implementations at one time.
•   Contractor goals and state goals were not aligned. Officials from
    two states told us the contractors’ goals and the states’ goals for the
    projects were not aligned. For example, officials from one state said
    the modernization contractor was mostly focused on making minimal
    changes to its software product and not on tailoring the product to the
    state’s business processes.
•   Coordination of project when using multiple contractors. Officials
    from two states said that it was challenging to coordinate with multiple
    contractors on the modernization projects. For example, according to
    the Deputy Division Director for the UI Division for one state,
    coordination between multiple state contractors (such as those
    responsible for data center management and security) and the UI
    modernization contractor added complexity to the modernization
    project.
•   Design of contractor system was not customer-centric. Officials
    from two states told us that the design of the systems was not
    customer-centric. For example, the Director of the Office of
    Unemployment Compensation Service Centers for one state said that
    it was clear that people with an IT background designed the UI
    system, but they did not design it around how UI customers would
    interact with the technology.
•   Issues with the quality of the system delivered by the contractor.
    Officials from two states told us they had issues with the quality of the
    contractors’ deliverables and product. For example, one state said it
    faced multiple rounds of edits and delays as a result of the low quality
    of the contractor’s deliverables. The Assistant Deputy Director for UI
    Operations from one state told us that the poor quality of the product
    caused a high number of defects during user testing, which was one
    factor that led to the extension of the project’s timeline by a year.
•   Lack of contractor knowledge about state laws, requirements,
    and existing systems and processes. Officials from two states told
    us the contractors did not take the time to understand their laws and
    state processes, requiring additional time for the projects. For
    example, the Director of Unemployment Compensation Benefits
    Policy for one state told us the project management contractor did not
    take the time to familiarize itself with the state’s procurement rules
    and laws, making it difficult to move forward with the project.




Page 29                                   GAO-23-105478 Unemployment Insurance
             •   Contractor’s projected schedule is unrealistic. Officials from two
                 states told us the contractors provided an aggressive schedule with
                 an unrealistic timeline for completing the modernization projects. For
                 example, the Deputy Division Director for one state told us that,
                 because the contractor’s modernization project schedule was
                 aggressive, it was easily disrupted by any minor changes that needed
                 to be made. Another state told us the estimated schedule for testing
                 did not factor in time needed to address defects and led to an
                 extension of the project timeline.
             •   Contractor support to address system defects. Officials from two
                 states told us they did not receive support from the modernization
                 contractors to fix deficiencies and design issues with the systems
                 once the warranty periods had expired. For example, one state said
                 the modernized benefits system had issues and a backlog of defects
                 that the contractor would not fix. The Assistant Administrator of UI
                 from another state told us that the maintenance and support provided
                 by the contractor covered modifying the system due to changes in the
                 law, but did not include fixes for all of the system defects.

Management   Six states reported facing management challenges during their
             modernization projects, including implementing state legal requirements,
             changing organizational culture and processes, and focusing on
             modernization while responding to the COVID-19 pandemic, among other
             areas.

             •   Implementing legal requirements. Officials from three states said
                 state and federal legal requirements can make implementation of the
                 systems hard. For example, officials from two states said
                 implementing safeguards around federal tax information when a
                 contractor was responsible for hosting and supporting the UI system
                 can be difficult.
             •   Changing organizational culture and processes. Officials from two
                 states told us that making changes to the organizational culture and
                 processes was a challenge. For example, the Assistant Director of UI
                 for one state said staff and customers did not want to make changes
                 to the way things are currently done. Another state told us it faced
                 significant changes to its business processes as a result of the
                 modernized system and there were varying degrees of the willingness
                 of staff to adapt to those changes.
             •   Focusing on modernization while responding to the pandemic.
                 Officials from two states told us it was challenging to remain focused
                 on their modernization projects while responding to the pandemic. For



             Page 30                                  GAO-23-105478 Unemployment Insurance
                              example, one state’s Deputy Division Director for UI told us that
                              starting the modernization project during the pandemic was difficult
                              because tax staff needed to help with handling the increase in
                              benefits claims.

Financial                 Four states reported facing financial challenges during their
                          modernization projects, including limited state funding for IT
                          modernization. Specifically, officials from two states told us they faced
                          challenges obtaining state funding for their entire modernization projects.
                          For example, according to the Director for the Division of UI from one
                          state, the state had obtained some funding to start the modernization but
                          did not have all the funds it needs to complete the project. The Assistant
                          Director of UI from another state told us that the state did not typically set
                          aside funding specifically for modernization and the funding it did receive
                          for modernization would not be enough to utilize an outside contractor. As
                          a result, the state planned to modernize portions of the system using
                          internal staff.

Technical                 Four states reported facing technical challenges during their
                          modernization projects, including managing external stakeholders.
                          Specifically, officials from three states told us it was challenging to
                          manage external stakeholder’s requirements, integration with external
                          systems, and interfaces with third parties during the modernization
                          projects. For example, one state said meeting the data requirements for
                          stakeholders whose systems were external to the modernized system
                          (e.g., state department of labor) consumed a lot of time. According to a
                          second state, due to the complexity of the state agency’s network,
                          understanding the integration points between all of the systems would
                          require coordination between the modernization contractor and the
                          agencies that are impacted. The Assistant Deputy Director for UI
                          Operations told us it was challenging to manage the scheduling timelines
                          and all of the interfaces with third parties (e.g., other state agencies)
                          during the modernization project.

DOL Initiated Several     Using funding from the American Rescue Plan Act of 2021, DOL has
Efforts to Help States    several ongoing efforts to assist states with their IT modernization efforts,
                          including providing funding in the form of grant opportunities to reduce
Address Challenges with
                          fraud, sending teams of experts to states, and developing modular
UI IT Modernization       technology solutions.

                          •   Providing funding to states to help reduce fraud, among other
                              things. During the pandemic, DOL provided grant opportunities to
                              states to improve UI systems and processes to support program



                          Page 31                                    GAO-23-105478 Unemployment Insurance
    integrity, including improving cybersecurity. For example, in August
    2021, DOL provided states with grant opportunities up to $140 million
    in American Rescue Plan Act of 2021 funds, which states could use to
    address fraud in UI programs and increase cybersecurity, among
    other things. 65 Regarding improving cybersecurity, states can use
    these grant funds to, for example, implement or enhance their
    cybersecurity defenses for their UI websites and web applications.
    We recently reported and testified on DOL’s efforts to address UI
    fraud risks. 66 For example, in December 2022, we noted that,
    although DOL had taken some recent steps to assist states, the
    department had not yet developed an antifraud strategy based on
    leading practices in GAO’s Fraud Risk Framework. 67 We
    recommended that it do so. DOL partially agreed with our
    recommendation and noted plans to address it. As of June 2023, the
    department had not yet implemented our recommendation, but
    reported that it is finalizing its fraud risk profile and will use it to better
    inform its antifraud strategy and controls.
•   Sending expert teams to states. DOL has provided multidisciplinary
    expert teams (referred to as tiger teams) to analyze state UI systems
    and process challenges, and work with states to identify areas to
    enhance their existing efforts. 68 The expert teams develop customized
    and actionable recommendations for states to implement using grant
    funds. Specifically, using separate funding provided by the American
    Rescue Plan Act of 2021, DOL provided grant opportunities totaling
    up to $200 million to support states in improving UI systems and
65DOL, Grant Opportunity to Support States with Fraud Detection and Prevention,
Including Identity Verification and Overpayment Recovery Activities, in All Unemployment
Compensation (UC) Programs, UIPL 22-21 (Washington, D.C.: Aug. 11, 2021).
66GAO, Unemployment Insurance: DOL Needs to Address Substantial Pandemic UI Fraud
and Reduce Persistent Risks, GAO-23-106586 (Washington, D.C.: Feb. 8, 2023) and
Unemployment Insurance: Data Indicate Substantial Levels of Fraud during the Pandemic;
DOL Should Implement an Antifraud Strategy, GAO-23-105523 (Washington, D.C.: Dec.
22, 2022).
67GAO, A Framework for Managing Fraud Risks in Federal Programs, GAO-15-593SP
(Washington, D.C.: July 28, 2015).
68Each expert team is comprised of experts including a fraud specialist, equity/customer
experience specialist, UI program specialist, business intelligence analysts, computer
systems engineer/architect, and project manager. See Grant Opportunity to Support
States Following a Consultative Assessment for Fraud Detection and Prevention,
Promoting Equitable Access, and Ensuring the Timely Payment of Benefits, including
Backlog Reduction, for all Unemployment Compensation (UC) Programs, UIPL 2-22
(Washington, D.C.: Nov. 2, 2021).




Page 32                                          GAO-23-105478 Unemployment Insurance
    processes to, among other things, better ensure the timely payment of
    benefits and reduce workload backlogs. In addition to implementing
    the expert teams’ recommendations, states may request permission
    from DOL to use any excess funds from these grants to further
    improve UI systems and processes, according to the department’s
    guidance. 69
    As of May 2023, 29 states had received 301 final recommendations
    from expert teams after analyzing state UI systems and process
    challenges, according to DOL. 70 Example areas of recommendations
    include identifying technology solutions to:
    •     automate portions of states’ existing UI processes,
    •     convert handwritten text into digitized formats and automate
          document processing and routing, and
    •     assist with fraud detection and prevention in areas such as identity
          verification and cross-matching claim data with existing
          databases.
    As of June 2023, DOL noted that five additional states were in the
    process of using expert team assistance, and 11 additional states had
    expressed interest.
    DOL’s national and regional offices are working with states on
    implementing the expert teams’ recommendations, according to
    department officials. For example, the department is providing
    technical assistance and helping states determine how to prioritize the
    recommendations based on the states’ needs. Further, it is offering, at
    no cost to the states, technical and operational project execution
    support to increase state capacity to implement the expert teams’
    recommendations.
    In addition, DOL officials told us that NASWA is offering project
    management support to states that have received expert teams’
    recommendations at no additional cost. In June 2022, DOL published




69UIPL No. 2-22.

70The 25 states are Alabama, Alaska, Arizona, Colorado, Connecticut, Delaware, Idaho,
Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland, Michigan, Missouri, Nebraska,
Nevada, New Hampshire, Oregon, Pennsylvania, Rhode Island, Virginia, Washington,
Wisconsin, and Wyoming.




Page 33                                         GAO-23-105478 Unemployment Insurance
    information on trends it identified during its first year of using expert
    teams as a resource for all states. 71
•   Developing modular technology solutions. As mentioned earlier, in
    August 2021, DOL announced that it had partnered with the U.S.
    Digital Service to develop modular technology solutions that states
    could adopt as part of ongoing modernization and improvement
    efforts. 72 In December 2021, DOL announced that it had selected
    Arkansas and New Jersey to participate as “build and pilot” partners
    for its first pilot project—known as the claimant experience pilot. 73
    DOL also noted that the claimant experience pilot was the first of what
    the department expected to be many UI IT modernization pilot
    projects.
    According to DOL documentation, the claimant experience pilot was
    originally intended to test a centralized claimant intake service
    developed and maintained by the department that would enable
    claimants to apply for UI and verify their identities as part of a single
    and cohesive digital experience. DOL noted that core functionality
    was intended to include:
    •     user account creation,
    •     identity verification meeting using Login.gov, 74 and
    •     improved UI claim application form using plain language and
          modern form design principles.


71Department of Labor, UI Modernization Tiger Team Cohort Trends, June 30, 2022,
https://oui.doleta.gov/unemploy/pdf/TigerTeamCohortTrendsJune_2022.pdf.
72Department of Labor, US Department of Labor Announces Funding to States to
Modernize Unemployment Insurance System, Combat Fraud, Address Equity
(Washington, D.C.: Aug. 11, 2021). According to DOL, the U.S. Digital Service’s
involvement in the department’s efforts to develop modular technology solutions ended in
May 2022.
73Department of Labor, Announcing Grant Awards Made to States Selected to Participate
in the Unemployment Insurance (UI) Information Technology (IT) Modernization Project -
Claimant Experience Pilot (Washington, D.C.: Dec. 2, 2021).
74Login.gov, which is a service provided by the General Service Administration in
collaboration with the U.S. Digital Service, is intended to provide a consolidated web portal
for agencies to use in securing government online interactions. Specifically, for agencies
that use Login.gov, the service acts as the publicly accessible website that verifies the
identities of individuals seeking access to a particular agency’s benefits or services.
Login.gov is intended to allow such individuals access to multiple government agency
programs securely and privately with one email address and password. For more
information, see GAO, Data Protection: Federal Agencies Need to Strengthen Online
Identity Verification Processes, GAO-19-288 (Washington, D.C.: May 17, 2019).




Page 34                                            GAO-23-105478 Unemployment Insurance
    However, neither state chose to adopt the pilot as originally designed.
    According to DOL, the states implemented the most valuable aspects
    of the proposed solution given their specific needs and capabilities.
    More specifically, when Arkansas launched its iteration of the pilot on
    March 31, 2022, the state adopted Login.gov, but chose to not adopt
    proposed plain language changes. According to Arkansas officials,
    the state faced challenges ensuring that proposed changes to its UI
    claim application would result in plain language that was both user
    friendly and complied with applicable laws.
    New Jersey, in contrast, chose not to test Login.gov. Instead, the
    state adopted some aspects of the pilot claimant intake form, such as
    the plain language changes, but not the form itself, and worked with
    DOL to retrofit what it could to its current application. Although New
    Jersey originally planned to implement DOL’s pilot intake form, in
    February 2022, DOL and New Jersey made the decision to pivot its
    implementation approach to focus primarily on plain language
    changes. According to DOL, this was due to the following reasons:
    •     Although the proposed form was more user friendly, it could only
          support a limited number of use cases and required more manual
          intervention by New Jersey in order to process claims. As a result,
          New Jersey did not consider the prototype viable for use by its
          staff.
    •     The form would have required New Jersey to ingest claimant data
          in new ways, which would require costly changes to its legacy
          systems in order to accommodate. This further eroded the
          perceived reward for New Jersey in participating in the pilot.
    New Jersey subsequently launched its iteration of the pilot in April
    2022. According to DOL officials, some of the changes that New
    Jersey made from the pilot, such as making the application mobile
    responsive, resulted in tangible benefits, such as reducing the time it
    takes for claimants to file claims online by 40 minutes.
    DOL officials noted that while testing the pilot, the department
    observed that states face significant challenges to adopting modular
    solutions. This was due to several factors, including the high cost of
    change associated with legacy systems, being “locked into” using
    certain contractors, and questions around the long-term funding and
    sustainability of modular solutions. In testing with New Jersey and
    Arkansas, officials stated that the department learned that state needs
    and capabilities in this area can vary significantly, which makes
    designing “one size fits all” solutions challenging and creates a barrier
    to state adoption of modular technology.



Page 35                                    GAO-23-105478 Unemployment Insurance
    As of February 2023, DOL officials stated that the department
    considered the claimant experience pilot as essentially completed.
    They noted that DOL is working to help states adopt some of the
    supporting elements of the claimant experience pilot that were
    successful in New Jersey and Arkansas. These include
    •     extending implementation support of Login.gov to additional
          states;
    •     providing direct assistance on plain language to states such as
          Montana and Rhode Island, as well as publishing reference UI
          lexicon materials so they are available to all states; and
    •     providing IT assistance to implement mobile responsive form
          design to states currently lacking a mobile-friendly claimant
          experience.
    In addition, to assist other states, DOL published examples from the
    pilot to its website. 75 The website included information on, among
    other things, technology and design practices to improve the UI
    customer experience, as well as using clearer language to improve
    communication about UI. See figure 3 for a screenshot of DOL’s
    website on UI modernization.




75See https://www.dol.gov/agencies/eta/ui-modernization.




Page 36                                         GAO-23-105478 Unemployment Insurance
Figure 3: Screenshot of the Department of Labor’s Unemployment Insurance Modernization Website (as of May 2023)




                                       Page 37                                      GAO-23-105478 Unemployment Insurance
                              Going forward, DOL officials stated that the department plans to continue
                              assisting states with addressing customer experience challenges by
                              focusing on helping them define what good UI customer experiences look
                              like. The officials added that this effort is expected to start with defining
                              the key capabilities, characteristics, and measures associated with
                              effective UI claimant portals, and then focus on supporting states to help
                              them improve in this area. The department also described plans for
                              additional pilots to help states leverage new technology solutions.

                              DOL has gaps in managing its efforts to assist states with UI IT
DOL Has Gaps in               modernization and its oversight of states’ UI IT performance. Although
Assisting and                 DOL fully implemented key contract management activities on its claimant
                              experience pilot, the department did not fully implement leading pilot
Overseeing States’            design practices. Regarding oversight, although DOL is responsible for
Modernizations                overseeing the UI program to ensure that the states are operating the
                              program effectively and efficiently, it has not established UI IT standards
                              or measured states’ performance.

DOL Fully Implemented         Effective contract management ensures that contractor activities are
Key Contract Management       performed in accordance with contractual requirements and that the
                              acquiring organization has sufficient visibility into the contractor’s
Activities for Its Claimant
                              performance to identify and respond to performance shortfalls. It also
Experience Pilot              ensures that the roles of contractors are clearly defined, thus avoiding
                              confusion or duplication of effort in managing the tasks.

                              According to the Federal Acquisition Regulation, the Software
                              Engineering Institute, and our prior work, 76 effective processes to manage
                              and oversee contracts that support IT projects include:

                              •   establishing and maintaining a plan for managing and overseeing the
                                  contracts;
                              •   assigning responsibility and authority for performing contract
                                  management and oversight;
                              •   identifying the contract work to be performed and the measures by
                                  which a contractor’s performance will be assessed;


                              76Federal Acquisition Regulation (FAR) subpart 37.5—Management Oversight of Service
                              Contracts and Part 46—Quality Assurance, Carnegie Mellon University’s Software
                              Engineering Institute, Capability Maturity Model Integration® for Acquisition, Version 1.3
                              (CMMI-ACQ V 1.3) (Pittsburgh, Pa.: November 2010), and GAO, USDA Systems
                              Modernization: Management and Oversight Improvements Are Needed, GAO-11-586
                              (Washington, D.C.: July 20, 2011).




                              Page 38                                           GAO-23-105478 Unemployment Insurance
                            •   conducting reviews with contractors to ensure cost and schedule
                                commitments are being met and risks are being managed; and
                            •   establishing processes for verifying and accepting contract
                                deliverables.

                            DOL fully implemented all five contract management activities for the
                            claimant experience pilot. For example, DOL’s quality assurance
                            surveillance plan and its contract with the primary vendor identifies
                            personnel with responsibility and authority for performing contract
                            management and oversight, identifies the contract work to be performed
                            and performance measures, and establishes processes for verifying and
                            accepting contract deliverables. In addition, DOL met regularly with the
                            contractor for cost and schedule reviews and documented identified risks
                            in a risk register.

DOL Did Not Fully           A well-developed and documented pilot program can help ensure that
Implement Leading Pilot     agency assessments produce information needed to make effective
                            program and policy decisions. Such a process enhances the quality,
Design Practices for Its
                            credibility, and usefulness of evaluations in addition to helping to ensure
Claimant Experience Pilot   that time and resources are used effectively. GAO has identified five
                            leading practices 77 that, taken together, form a framework for effective
                            pilot design:

                            •   Establishing well-defined, appropriate, clear, and measurable
                                objectives. Such objectives should have specific statements of the
                                accomplishments necessary to meet the objectives. Clear and
                                measurable objectives can help ensure that appropriate evaluation
                                data are collected from the outset of pilot implementation so that data
                                will subsequently be available to measure performance against the
                                objectives. Broad study objectives should be translated into specific,
                                researchable questions that articulate what will be assessed.
                            •   Clearly articulating an assessment methodology and data
                                gathering strategy. Key features of a clearly articulated methodology
                                include a strategy for comparing the pilot implementation and results
                                with other efforts, a clear plan that details the type and source of the
                                data necessary to evaluate the pilot, and methods for data collection
                                including the timing and frequency.
                            •   Determining criteria or standards for identifying lessons about
                                the pilot to inform future decisions. The purpose of a pilot is

                            77GAO, Data Act: Section 5 Pilot Design Issues Need to Be Addressed to Meet Goal of
                            Reducing Recipient Reporting Burden, GAO-16-438 (Washington, D.C.: Apr. 19, 2016).




                            Page 39                                        GAO-23-105478 Unemployment Insurance
    generally to inform a decision on whether and how to implement a
    new approach in a broader context. Therefore, it is critically important
    to consider how well the lessons learned from the pilot can be applied
    in other, broader settings.
    To assess scalability, criteria should relate to the similarity or
    comparability of the pilot to the range of circumstances and population
    expected in full implementation. The criteria or standards can be
    based on lessons from past experiences or other related efforts
    known to influence implementation and performance as well as on
    literature reviews and stakeholder input, among other sources. The
    criteria and standards should be observable and measurable events,
    actions, or characteristics that provide evidence that the pilot
    objectives have been met. Choosing well-regarded criteria against
    which to make comparisons can lead to strong, defensible
    conclusions.
•   Developing a detailed data-analysis plan to track the pilot
    program’s performance. A detailed data-analysis plan identifies who
    will do the analysis as well as when and how data will be analyzed to
    measure the pilot program’s implementation and performance. The
    results will show the successes and challenges of the pilot, and in
    turn, how the pilot can be incorporated into broader efforts. Some
    elements of a detailed data-analysis plan include talking to users,
    managers, and developers; evaluating the lessons learned to improve
    procedures moving forward; and other appropriate measures.
•   Ensuring appropriate two-way stakeholder communication and
    input at all stages of the pilot project. Appropriate two-way
    stakeholder communication and input should occur at all stages of the
    pilot, including design, implementation, data gathering, and
    assessment. Failure to effectively engage with stakeholders, and
    understand and address their views can undermine or derail an
    initiative. To that end, it is critical that agencies identify who the
    relevant stakeholders are, and communicate early and often to
    address their concerns and convey the initiative’s overarching
    benefits.

DOL fully implemented one leading pilot design practice and partially
implemented the remaining four. See table 3 for an assessment of DOL’s
actions to implement leading practices for a pilot program’s design for the
claimant experience pilot.




Page 40                                   GAO-23-105478 Unemployment Insurance
Table 3: Assessment of the Department of Labor’s (DOL) Actions to Implement Leading Pilot Design Practices for the
Claimant Experience Pilot

Leading practice                          GAO assessment   Assessment rationale
Establish well-defined, appropriate,                       DOL defined three clear objectives for the claimant experience pilot that
clear and measurable objectives
                                                ●          each allowed for data to be collected and effectively measure the
                                                           adequacy of accomplishing these objectives. Each objective focused on
                                                           one specific, measurable task. The three objectives were: (1) develop a
                                                           modular, claimant-facing website that provides new claimants an improved
                                                           user experience; (2) improve the process for completing initial intake
                                                           questions; and (3) improve the process for identity proofing while keeping
                                                           equity, fraud prevention, and claim timeliness at the forefront.
Clearly articulate assessment                              DOL documented a plan for state selection to participate in the claimant
methodology and data gathering
                                                ◐          experience pilot, which resulted in two selected states—Arkansas and New
strategy that addresses all                                Jersey. In a separate draft planning document, DOL articulated areas
components of the pilot program                            where it could compare the pilot’s implementation and results with other
and includes key features of a                             efforts (e.g., comparing the results of the pilot with past performances from
sound plan                                                 other states not involved in the pilot). The draft plan also addressed the
                                                           type and source of data necessary to evaluate the pilot based on its
                                                           objectives (e.g., feedback from claimants about their experience and time
                                                           required for claimants to submit a new claim compared to the state’s
                                                           existing system).
                                                           However, the draft plan did not include methods for data gathering, such
                                                           as a survey. In addition, DOL did not finalize its draft plan or provide
                                                           evidence that it updated its assessment methodology as the scope of the
                                                           pilot changed.
Determine criteria or standards for                        DOL identified a set of draft metrics for determining the levels of success of
identifying lessons about the pilot
                                                ◐          the pilot (e.g., feedback from claimants about their experience and
to inform decisions about scalability                      timeliness for claimants to submit a new claim compared to existing
and whether, how, and when to                              system). The department subsequently used these draft metrics to help
integrate pilot activities into overall                    inform its decision making when identifying and documenting lessons
efforts                                                    learned. Using its lessons learned, DOL decided to pivot the New Jersey
                                                           pilot in a different direction more suited to what the state could accomplish.
                                                           More specifically, DOL shifted the New Jersey pilot to focus on making
                                                           language updates to improve the user experience of the state’s existing
                                                           claim intake website (versus implementing a new claimant intake service
                                                           developed and hosted by DOL).
                                                           However, DOL did not provide an updated set of finalized metrics to
                                                           determine the level of success of the pivoted approach and help to inform
                                                           decisions on the pilot’s scalability.
Develop a detailed data-analysis                           DOL determined that a generalized, detailed data-analysis plan for both
plan to track the pilot program’s
                                                ◐          pilot states was not feasible due to the diversity of the unemployment
implementation and performance                             insurance IT environments between the states. The department also noted
and evaluate the final results of the                      that Arkansas and New Jersey could only implement parts of the claimant
project and draw conclusion on                             experience pilot, as originally designed. DOL documented a draft data-
whether, how, and when to                                  analysis plan for Arkansas that included, for example, plans to analyze
integrate pilot activities into overall                    data regarding the percentage of positive identity proofing, the average
efforts                                                    time in error queues, and calls to its call center regarding the pilot.
                                                           However, the department did not finalize its plan. In addition, DOL did not
                                                           provide a data-analysis plan for New Jersey. Instead, DOL provided
                                                           documentation detailing the reasons for the pivot in its implementation plan
                                                           for New Jersey.




                                               Page 41                                         GAO-23-105478 Unemployment Insurance
Leading practice                                   GAO assessment        Assessment rationale
Ensure appropriate two-way                                               DOL provided documentation that showed how the department would
stakeholder communication and
                                                              ◐          conduct two-way stakeholder communication during pilot implementation
input at all stages of the pilot                                         and data gathering (e.g., weekly interviews with DOL and the pilot states).
project, including design,                                               DOL also provided email correspondence showing two-way stakeholder
implementation, data gathering,                                          communication during pilot assessment of completed goals. Additionally,
and assessment                                                           DOL published results of the claimant experience pilot from New Jersey
                                                                         and Arkansas on its website.
                                                                         However, DOL did not provide documentation that demonstrated two-way
                                                                         stakeholder communication during pilot conception and design for the
                                                                         claimant experience pilot. In its lessons learned, DOL also identified
                                                                         shortfalls in its early communication with stakeholders, including a need for
                                                                         more conversations about pilot scope and timeline with states before
                                                                         finalization, and the need to have agreements with states in place earlier in
                                                                         the process.
Legend:
● DOL fully implemented all aspects associated with the leading practice.
◐ DOL implemented some, but not all, aspects associated with the leading practice.
○ DOL did not implement any aspects of the leading practice.
Source: GAO analysis of DOL documentation. | GAO-23-105478



                                                             The shortfalls in DOL’s implementation of the leading pilot design
                                                             practices were due, in part, to the department not fully ensuring that the
                                                             U.S. Digital Service’s documentation of the pilot was complete. DOL
                                                             officials stated that the U.S. Digital Service, as an early partner, primarily
                                                             led the work for the claimant experience pilot and was responsible for
                                                             developing the documentation and approach for the pilot. The officials
                                                             added that there were at least three iterations of the U.S. Digital Services
                                                             team during that time and that may have affected the fidelity of the
                                                             supporting documents. However, as the oversight entity, it was DOL’s
                                                             responsibility to ensure the documentation was complete.

                                                             After the U.S. Digital Service’s involvement in the pilot ended in May
                                                             2022, DOL restructured its pilot process to include, among other things,
                                                             additional steps for two-way stakeholder communication during pilot
                                                             conception and design. If implemented on future pilots, DOL’s plan for
                                                             additional stakeholder communication is an important step toward
                                                             implementing the leading activities for a pilot program’s design, as
                                                             discussed earlier. However, DOL’s updated pilot process does not
                                                             specifically address other leading practices that were not implemented,
                                                             such as establishing a data gathering strategy and ensuring that
                                                             documentation is continuously updated and finalized.

                                                             Until DOL updates its pilot processes and implements leading practices
                                                             for pilot program design for future pilot projects, it likely cannot ensure
                                                             that its pilots produce information needed to make effective program and



                                                             Page 42                                         GAO-23-105478 Unemployment Insurance
                             policy decisions. Further, DOL will likely be challenged in ensuring the
                             quality, credibility, and usefulness of its pilots, and that time and
                             resources are used effectively.

DOL Established Various      Among other things, leading practices emphasize the importance of
Oversight Mechanisms,        having performance standards or metrics to provide oversight, guide
                             decisions, and measure IT performance. 78 As mentioned earlier, DOL has
but Did Not Measure the
                             general responsibility for overseeing the UI program to ensure that the
Performance of State UI IT   states are operating the program effectively and efficiently. For example,
Systems                      DOL is responsible for monitoring state operations and procedures,
                             providing technical assistance and training, as well as analyzing UI
                             program data to diagnose potential problems.

                             To provide oversight of state UI IT environments, DOL established
                             various oversight mechanisms:

                             •   States that have received supplemental grants are to report
                                 regularly on the progress of their projects. For example, as we
                                 mentioned earlier, states that received grants for the consortia
                                 modernization efforts reported on their progress to DOL, culminating
                                 in the department’s annual reports to Congress between 2015 and
                                 2020. As another example, states that received grants from DOL’s
                                 August 2021 grant opportunity to help address fraud are to provide
                                 quarterly reports to DOL with updates on progress and
                                 implementation of each grant project. 79
                             •   States undergoing IT modernization projects are to complete a
                                 pre-implementation checklist before they deploy a newly
                                 modernized system. As previously mentioned, the pre-
                                 implementation checklist denotes critical function areas that states

                             78GAO, Designing Evaluations: 2012 Revision (Supersedes PEMD-10.1.4), GAO-12-208G
                             (Washington, D.C.: Jan. 31, 2012); Executive Guide: Measuring Performance and
                             Demonstrating Results of Information Technology Investments, GAO/AIMD-98-89
                             (Washington, D.C.: March 1998); Executive Office of the President, Office of Management
                             and Budget, Circular A-11, Preparation, Submission, and Execution of the Budget (August
                             2022). Metrics should be linked to strategic management processes and define what is
                             important to the organization, what it holds itself accountable for, how it defines success,
                             how it identifies early warning indicators of problems, and how it structures improvement
                             efforts. Organizations should determine, among other things, what metrics are appropriate
                             to measure the business value of IT, and what the baseline and target performance
                             should be.
                             79DOL, Grant Opportunity to Support States with Fraud Detection and Prevention,
                             Including Identity Verification and Overpayment Recovery Activities, in All Unemployment
                             Compensation (UC) Programs, UIPL 22-21 (Washington, D.C.: Aug. 11, 2021).




                             Page 43                                            GAO-23-105478 Unemployment Insurance
    must verify prior to launching a new UI IT system, such as call center
    and customer service operations, staff training on new system
    operations, customer help desk support, and contractor support. Any
    state that is preparing to launch a new UI IT system must certify that it
    has reviewed and accomplished, or has developed an appropriate
    plan addressing, these categories in a report.
•   All states are required to submit state quality service plans
    annually. State quality service plans serve as the performance
    reporting and grant application documents through which states
    receive administrative funding. The plans include a summary of state
    performance on various measures related to operating the UI
    program, such as first payment promptness, detection of
    overpayments, average age of appeals, tax quality, and improper
    payments. According to DOL, the department has the ability to issue
    corrective action plans to states for any identified deficiencies. DOL
    officials noted that deficiencies can be IT-related and, if states need to
    make improvements, they must report progress in implementing their
    corrective action plans to ETA on a quarterly basis.

However, as of June 2023, DOL had not yet defined standards to
measure states’ UI IT performance. In November 2022, the department
provided us with a draft of its UI modernization strategic plan that
included a sample set of preliminary standards. According to DOL, it
plans to define standards in areas such as improving the customer
experience and identity verification. However, the department did not
provide a specific time frame for the draft’s completion or completion of
the standards.

In addition, DOL had not measured states’ IT performance. For example,
it had not measured the number of states using cloud infrastructures to
support their UI systems. Measuring areas such as this is important
because it could help inform DOL of where gaps may exist in states’ IT
capabilities and where to commit additional resources. Although the
department’s state quality service plans include general UI performance
metrics, as previously discussed, these do not include reporting on
specific IT performance measures.

According to DOL officials, the department had not measured states’ UI
IT performance because it had not yet defined IT standards to measure
states against. As a result, DOL is currently limited in its ability to monitor
whether states’ UI IT systems are performing efficiently and effectively,
identify gaps in UI IT modernization, and ensure that resources are
properly allocated to address any gaps.


Page 44                                     GAO-23-105478 Unemployment Insurance
                      States faced unprecedented challenges during the COVID-19 pandemic
Conclusions           in ensuring their IT systems could process a historically high number of UI
                      claims and that eligible individuals received the appropriate amount of
                      benefits. In undertaking modernization efforts, the states have reported
                      noteworthy successes. However, they also encountered significant
                      challenges. To help states overcome these challenges, DOL provided
                      grant funding, expert teams, and modular technology solutions.

                      However, DOL had gaps in implementing leading practices on its design
                      of its first modular technology solution, the claimant experience pilot.
                      Specifically, by not identifying its data gathering methodologies, finalizing
                      its data assessment plans, or demonstrating two-way communications
                      with key stakeholders during pilot conception and design, DOL did not
                      position itself to fully meet the goals of the pilot. Until DOL implements
                      these practices, the department will be hindered in its ability to ensure the
                      usefulness of future pilot projects. In addition, DOL also had gaps in its
                      oversight efforts as the department has not yet finalized a comprehensive
                      set of UI IT modernization standards and measured states’ IT
                      performance against the established standards. Until it does so, it will lack
                      a critical mechanism to measure whether states’ UI IT systems are
                      performing efficiently and effectively.

                      We are making three recommendations to DOL:
Recommendations for
Executive Action      •   The Secretary of the Department of Labor should direct the Office of
                          Unemployment Insurance Modernization and the Office of the Chief
                          Information Officer to update their processes for UI pilots to reflect
                          leading practices for pilot design, and implement the leading pilot
                          design practices that address the weaknesses that we identified on its
                          future pilots. (Recommendation 1)
                      •   The Secretary of the Department of Labor should direct the Office of
                          Unemployment Insurance to define UI IT modernization standards for
                          states. (Recommendation 2)
                      •   The Secretary of the Department of Labor should direct the Office of
                          Unemployment Insurance to measure states’ UI IT performance
                          against established standards. (Recommendation 3)




                      Page 45                                   GAO-23-105478 Unemployment Insurance
                     We provided a draft of this report to DOL for review and comment. In
Agency Comments      written comments provided by DOL (reproduced in appendix IV), the
and Our Evaluation   department concurred with one recommendation and partially concurred
                     with two. DOL also provided technical comments, which we incorporated
                     as appropriate.

                     DOL partially concurred with our first recommendation to update its
                     processes for UI pilots to reflect leading practices for pilot design, and
                     implement the leading pilot design practices that address the weaknesses
                     that we identified on its future pilots. The department noted that it agreed
                     with our points regarding the importance of using criteria to decide which
                     initiatives should be recommended for broader implementation. The
                     department also described its effort to analyze the results of the claimant
                     experience pilot in New Jersey. However, DOL stated that it did not fully
                     agree with our conclusion that it did not use a clearly articulated
                     assessment strategy for the pilot.

                     We acknowledge that DOL established a draft assessment plan that
                     articulated areas where it could compare the pilot’s implementation and
                     results with other efforts. The draft plan also addressed the type and
                     source of data necessary to evaluate the pilot based on its objectives.
                     However, DOL did not finalize its draft assessment plan or provide
                     evidence that it updated its assessment methodology as the scope of the
                     pilot changed. Such activities are important to better ensure that DOL’s
                     pilots are well developed and documented, and produce the information
                     needed to make effective program and policy decisions. Accordingly, we
                     continue to believe our recommendation is needed.

                     DOL partially concurred with our second recommendation to define UI IT
                     modernization standards for states. The department noted examples of its
                     existing approach to UI performance management, such as monitoring
                     the activities of grant-funded activities related to IT modernization to
                     ensure progress towards intended goals.

                     We acknowledge that DOL has established several oversight
                     mechanisms for the states. However, as stated in our report, DOL has not
                     yet defined UI IT performance standards. Such standards are needed for
                     DOL to be able to measure whether states’ UI IT systems are performing
                     efficiently and effectively, identify gaps in UI IT modernization, and ensure
                     that resources are properly allocated to address any gaps. As a result, we
                     continue to believe our recommendation is warranted.




                     Page 46                                   GAO-23-105478 Unemployment Insurance
DOL concurred with our third recommendation related to measuring
states’ UI IT performance. The department described planned actions in
line with the intent of our recommendation, such as exploring best
practice measurements for IT performance in state UI systems.

As agreed with your offices, unless you publicly announce the contents of
this report earlier, we plan no further distribution until 14 days from the
report date. At that time, we will send copies to the appropriate
congressional committees, the Acting Secretary of Labor, and other
interested parties. In addition, the report will will be available at no charge
on the GAO website at https://www.gao.gov.

If you or your staff members have any questions about this report, please
contact Carol Harris at (202) 512-4456 or HarrisCC@gao.gov. Contact
points for our Offices of Congressional Relations and Public Affairs may
be found on the last page of this report. GAO staff who made major
contributions to this report are listed in appendix V.




Carol C. Harris
Director, Information Technology and Cybersecurity




Page 47                                    GAO-23-105478 Unemployment Insurance
Appendix I: Objectives, Scope, and
              Appendix I: Objectives, Scope, and
              Methodology


Methodology

              Our objectives were to (1) provide the status of unemployment insurance
              (UI) modernization efforts for selected states, including the use of
              contractors for such efforts; (2) identify notable modernization successes
              and challenges; and (3) evaluate the Department of Labor’s (DOL)
              management activities in assisting states with their modernization efforts
              and whether it has provided effective oversight of those efforts.

              To address our first two objectives, we conducted in-depth interviews with
              management and IT staff in eight state UI offices—Arkansas, Delaware,
              Maine, Nevada, Ohio, Pennsylvania, Tennessee, and Texas. To make
              our state selections, we first excluded states that were included in our
              other UI-related reviews, as well as reviews being conducted by DOL’s
              Office of the Inspector General. 1 We then selected eight states that
              represent varying regional locations, population size, modernization
              status, and timeliness of benefit payments in the regular UI program
              (October through December 2021). Specifically, our selection of eight
              states represents each of the six DOL regions; at least one small,
              medium, large, and extra-large state; a mix of states in each of the major
              phases of UI systems modernization, including planning, acquisition,
              development, and completed; and varying rates of benefit payment
              timeliness.

              We also selected states based on their participation in DOL’s initiatives to
              pilot modular technology solutions and send expert teams to states.
              Although our sample is non-generalizable, these states offered insight
              and perspectives of their experiences in modernizing UI systems,
              including successes and challenges. In addition, we interviewed DOL
              officials, reviewed state audit entities’ reports, and spoke to stakeholders
              involved in modernization of states’ UI systems, such as officials from the
              Information Technology Support Center (ITSC), 2 operated by the National
              Association of State Workforce Agencies (NASWA). 3



              1The specific states and territory we excluded were Arizona, Florida, Massachusetts,
              Michigan, Minnesota, Wyoming, California, Florida, Georgia, Kentucky, New Jersey,
              Virginia, and the Virgin Islands.
              2ITSC was created in 1994 as a partnership between DOL and the Maryland Department
              of Labor, Licensing, and Regulation to support state UI IT initiatives. DOL supports ITSC
              through grants to the Maryland agency, and ITSC’s Steering Committee includes
              representatives from Employment and Training Administration.
              3NASWA represents all 50 state workforce agencies, the District of Columbia, and U.S.
              territories.




              Page 48                                           GAO-23-105478 Unemployment Insurance
Appendix I: Objectives, Scope, and
Methodology




To provide the status of modernization efforts for the selected states and
determine the role of contracting, we collected and reviewed the selected
states’ documentation of their modernization planning and development
efforts, such as project plans, status reports, and contracting documents
(e.g., requests for proposals). We also held discussions with officials from
the selected states’ UI agencies, including officials involved in planning
and managing the UI systems, regarding the status and plans for states’
UI modernization efforts and the role of contracting. To assess the
reliability of the data related to the status of selected states’
modernization efforts, such as project timelines, we reviewed related
state documentation (e.g., project plans and contracts), interviewed state
officials regarding the data, and confirmed the accuracy of the data in this
report with the officials. We determined that these data were sufficiently
reliable for the purposes of this report.

To identify notable modernization successes and challenges, we
reviewed the selected states’ UI modernization documentation, such as
lessons learned reports and presentations. We also interviewed relevant
UI officials from the states to identify additional modernization successes
and challenges reported by the officials, and discuss means for
addressing the challenges. We then analyzed the successes and
challenges reported by the selected state UI agencies to identify
similarities and summarized the information collected.

To address our third objective, we assessed DOL’s contract management
and pilot design activities. Specifically:

•   To assess contract management, we reviewed DOL’s contract
    management plan, delegation memorandum for contract
    responsibilities, work statements that outline the contractor’s work and
    acceptance criteria, base contracts and contract modifications, and
    technical exhibits. We also interviewed department officials to gather
    additional information. We then compared DOL’s efforts against key
    contract management activities from Federal Acquisition Regulations,
    the Software Engineering Institute, and our prior work 4 to determine
    the extent to which the department implemented the activities.


4Federal Acquisition Regulation (FAR) subpart 37.5—Management Oversight of Service
Contracts and Part 46—Quality Assurance, Carnegie Mellon University’s Software
Engineering Institute, Capability Maturity Model Integration® for Acquisition, Version 1.3
(CMMI-ACQ V 1.3) (Pittsburgh, Pa.: November 2010) and GAO, USDA Systems
Modernization: Management and Oversight Improvements Are Needed, GAO-11-586
(Washington, D.C.: July 20, 2011).




Page 49                                            GAO-23-105478 Unemployment Insurance
Appendix I: Objectives, Scope, and
Methodology




•   To assess the pilot design, we reviewed DOL documentation from its
    first modular technology solutions pilot—known as the claimant
    experience pilot. The documents we reviewed included project plans,
    strategy documents, project update presentations, and processes for
    designing and implementing pilots, among others. We also
    interviewed DOL officials to gather additional information. We then
    compared the department’s efforts against leading practices for pilot
    design from our prior work 5 to determine the extent to which the
    department implemented the activities.

For both areas above, we assessed an activity as fully implemented if the
evidence provided by DOL demonstrated all aspects of the activity. We
assessed an activity as partially implemented if the evidence
demonstrated some, but not all, aspects of the activity. Finally, we
assessed an activity as not implemented if the evidence did not
demonstrate any aspect of the activity, or if DOL did not provide evidence
for that activity.

To assess DOL’s oversight of states’ modernization efforts, we reviewed
the department’s policies, procedures, and guidance to identify the
mechanisms that it established for providing oversight of state UI IT
environments. We also interviewed DOL officials regarding the
department’s oversight efforts. We then compared DOL’s efforts to
leading practices for measuring the performance of IT systems identified
in our prior work and by the Office of Management and Budget. 6

We conducted this performance audit from October 2021 to July 2023 in
accordance with generally accepted government auditing standards.
Those standards require that we plan and perform the audit to obtain
sufficient, appropriate evidence to provide a reasonable basis for our
findings and conclusions based on our audit objectives. We believe that
the evidence obtained provides a reasonable basis for our findings and
conclusions based on our audit objectives.



5GAO, Data Act: Section 5 Pilot Design Issues Need to Be Addressed to Meet Goal of
Reducing Recipient Reporting Burden, GAO-16-438 (Washington, D.C.: Apr. 19, 2016).
6GAO, Designing Evaluations: 2012 Revision (Supersedes PEMD-10.1.4), GAO-12-208G
(Washington, D.C.: Jan. 31, 2012); Executive Guide: Measuring Performance and
Demonstrating Results of Information Technology Investments, GAO/AIMD-98-89
(Washington, D.C.: March 1998); and Executive Office of the President, Office of
Management and Budget, Circular A-11, Preparation, Submission, and Execution of the
Budget (August 2022).




Page 50                                        GAO-23-105478 Unemployment Insurance
Appendix II: State Consortium Successes
              Appendix II: State Consortium Successes and
              Challenges


and Challenges

              Between 2009 and 2017, the Department of Labor (DOL) provided
              supplementary grants to support the establishment of state consortiums,
              in which three or four states work together to develop and share a
              common system. 1 These efforts were intended to allow multiple states to
              pool their resources and reduce risk in the pursuit of a single common
              system that they can each use after applying state-specific programming
              and configuration settings.

              Between 2015 and 2020, DOL reported to Congress on the progress of
              seven consortium projects. 2 Examples of successes reported by the
              department include:

              •   As members of the ReEmployUSA Consortium, Mississippi and Maine
                  deployed state-specific unemployment insurance (UI) benefits and tax
                  systems in cloud environments between 2018 and 2019. 3
              •   Wyoming, as the remaining member of the WyCAN consortium, was
                  able to implement its modernized integrated benefits, appeals, and tax
                  system by May 2019. 4
              •   The Internet Unemployment System Consortium, which consisted of
                  Idaho, Vermont, and North Dakota as of 2019, developed a customer-

              1For example, Department of Labor, Unemployment Insurance (UI) Supplemental Funding
              Opportunity for Automated Integrity Related Systems: Including Systems to Improve
              Services and/or Performance, UI Program Letter (UIPL) 31-09, Change 1 (Washington,
              D.C.: Aug. 21, 2009) and Unemployment Insurance (UI) Supplemental Funding
              Opportunity for Program Integrity and Performance and System Improvements, UIPL 26-
              11, (Washington, D.C.: July 18, 2011).
              2In the explanatory statement that accompanied the Consolidated and Further Continuing
              Appropriations Act, 2015 (Pub. L No. 113-235), which was published in the Congressional
              Record of December 11, 2014 (p. H 9827), Congress expressed concern that automation
              acquisition projects being carried out by state consortia to modernize their UI IT systems
              were behind schedule. The explanatory statement directed DOL to submit to the House
              and Senate Committees on Appropriations a report by April 1 of each fiscal year, until the
              funds available to the consortia were expended or expire, the status of all project funds
              and analysis of each project’s progress toward executing the acquisition plans.
              3The ReEmployUSA consortium included Connecticut, Maine, Mississippi, Rhode Island,
              and Oklahoma.
              4The WyCAN consortium was formed in 2009 with Arizona, Wyoming, Idaho, and North
              Dakota. Idaho left in 2011 to manage its own modernization effort, and at about the same
              time Colorado joined as the lead state. North Dakota left the consortium in 2015 due to
              concerns that the contractor would not be able to produce an adequate system. In 2016,
              Colorado withdrew to pursue a state specific solution and Arizona withdrew due to
              leadership changes.




              Page 51                                           GAO-23-105478 Unemployment Insurance
Appendix II: State Consortium Successes and
Challenges




    friendly self-service portal for UI claimants. Additionally, the
    consortium completed the development of its new employer audit
    application, which is designed to provide tax field auditors with the
    tools to perform a real-time audit on an employer account. The
    consortium also upgraded a state-developed technology used to send
    and receive wage and other information from other states, federal
    agencies, and military branches. 5
•   The Innovate UI Consortium member states, Missouri, Wyoming,
    Mississippi, Connecticut, Rhode Island, and Maine, were using
    variations of three modernized systems developed by the same
    contractor. The consortium was formed in order to conduct three
    feasibility studies to identify ways that states with a shared contractor
    can minimize future development and maintenance costs. The
    consortium had accomplished the goals of two of the studies and the
    third study was ongoing as of 2020.

However, DOL also reported that state consortium efforts faced a number
of challenges, including system quality issues and financial challenges,
among others. For example:

•   The WyCAN Consortium reported that its biggest challenge was that
    its contractor was unable to deliver a working, modernized system to
    the consortium’s satisfaction, causing significant project delays and
    legal challenges. The consortium was unable to resolve the project
    delays and discontinued the contractor’s work on the project in 2015.
    The WyCAN Consortium paid a total of $16.7 million to the original
    contractor.
•   The Vermont, Maryland, and West Virginia Consortium, which formed
    in 2011, experienced shortages with state staffing, issues with product
    quality, and problems meeting scheduled milestones. West Virginia
    struggled to provide dedicated staff for the project resulting in project
    delays. The consortium also expressed concerns over the quality and
    timeliness of deliverables received from the contractor. The
    consortium established quality standards and milestones for the
    project and worked with the contractor to achieve those goals. Even
    though the contractor made efforts to improve product quality, the
    issues continued. In early November 2019, Maryland worked with the
    contractor to establish delivery milestones, but the state still faced


5The Internet Unemployment System Consortium upgraded the Idaho-developed
Interstate Connection Network Relay, which is used to send and receive wage and other
information from other states, federal agencies, and military branches.




Page 52                                         GAO-23-105478 Unemployment Insurance
Appendix II: State Consortium Successes and
Challenges




    challenges with the contractor meeting the mutually agreed-upon
    milestones.
•   The New York and New Jersey Consortium was formed to modernize
    the states’ UI IT systems by jointly developing business and technical
    requirements and leveraging existing consortia products and
    individual state best practices. The consortium was awarded $8
    million in grant money by DOL in 2013 to develop business
    requirements, define high-level system architecture, and a request for
    proposal for a development contractor. In 2015, the estimated cost for
    the new system was between $70 and $80 million. The consortium
    was unable to obtain state or federal funding in subsequent years for
    project development and, as a result, disbanded as of 2017.
•   The Southeast Consortium for Unemployment Benefits Integration,
    formed in 2009, faced challenges related to a reduced timeline for the
    project, and state and contractor staffing. There were delays in
    selecting the contractor due to the need to restructure the project’s
    governance when the lead state left the consortium. 6 The consortium
    faced additional project delays as a result of negotiations with the
    contractor related to the project deliverables and schedule.
    Consortium leadership and the contractor came to agreement on a
    strategy to put the project back on schedule. The project also faced
    state staffing challenges as the states struggled to provide staffing for
    the project and ongoing UI program operations. In addition, the
    staggered approach used to release the products put a significant
    strain on the contractor’s staffing resources as they supported both
    the development and post implementation phases of the project for
    the three states. Project management teams from both the consortium
    and contractor worked closely to monitor the situation.

As of February 2023, according to DOL, most of the remaining consortia
states had deployed their systems. For example, although Vermont and
West Virginia left their consortium, Maryland continued with development
of the new system and launched it in September 2020. In addition,
Connecticut joined the ReEmployUSA consortium and launched a new
system as part of the consortium in July 2022. Mississippi, Maine, and
Rhode Island also remain part of the ReEmployUSA consortium and
continue to work together on changes to the system. Lastly, North and
South Carolina are using the Southeast Consortium benefits system.


6The Southeast Consortium for Unemployment Benefits Integration was composed of
South Carolina, North Carolina, and Georgia. In December 2019, Georgia withdrew from
the consortium.




Page 53                                        GAO-23-105478 Unemployment Insurance
Appendix III: Summaries of Eight Selected
              Appendix III: Summaries of Eight Selected
              States’ Modernization Efforts


States’ Modernization Efforts

              We reviewed the unemployment insurance (UI) modernization efforts for
              eight selected states: Arkansas, Delaware, Maine, Nevada, Ohio,
              Pennsylvania, Tennessee, and Texas. This appendix includes summaries
              of each state’s modernization efforts, including status and phase, as of
              February 2023. 1 This appendix also includes information on the role of
              contracting in each state’s modernization efforts.




              1As previously reported in GAO-12-957, the phases of modernizing a system can be
              sequential or overlapping and performed in an incremental manner. The phases include
              (1) initiation, which identifies a business need that requires a technological solution; (2)
              concept, when the IT governance organization approves the business needs statement;
              (3) planning, which begins when the project has been formally approved and funded; (4)
              requirements analysis, during which the business requirements are validated and further
              analyzed and decomposed into functional and nonfunctional requirements; (5) design,
              which develops detailed specifications that emphasize the physical solution to the end
              user’s IT needs; (6) development, in which the system developer takes the detailed design
              information and transforms it into machine executable form; (7) test, to determine whether
              the business product developed or acquired is ready for implementation; (8)
              implementation, in which the business product is moved from development status to
              production status; and (9) operations and maintenance, in which the certified and
              accredited business product operates in a full-scale production environment.




              Page 54                                           GAO-23-105478 Unemployment Insurance
                                                                Appendix III: Summaries of Eight Selected
                                                                States’ Modernization Efforts




Arkansas                                                        Arkansas officials, including the Assistant Director for Unemployment
                                                                Insurance and Deputy Director of Internal Operations, told us the state is
                                                                in the process of modernizing its UI benefits system—which is about 50
State: Arkansas
System age (approximately): 50 years
                                                                years old—and its tax system—which is 11 years old. The Assistant
(benefits and appeals); 11 years (tax)                          Director for Unemployment Insurance said the state has made smaller
Modernization status: In progress                               upgrades to its benefits, appeals, and tax systems, such as adding web-
Modernization phase: Mixed – planning and                       based functionality that allows claimants to file for benefits and employers
requirements analysis
                                                                to pay their payroll taxes; however, none of the systems have been fully
Initiation year: 2023
                                                                modernized.
Completion: 2025 (estimated)
Reported cost: $35 million (estimated)
Examples of the role of contracting in
                                                                Arkansas officials said that, due to the high-volume of claims received
Arkansas unemployment insurance                                 during the COVID-19 pandemic, their processes for adjudicating claims
(UI) modernization efforts include                              became overwhelmed because staff had to verify information and retrieve
•    contracting with a vendor to move the                      additional information from employers, which was very time consuming. In
     state’s UI system and benefits
     applications to the cloud;                                 addition, the officials reported that the call center for the UI program could
•    contracting with a vendor to host call                     not resolve customer problems quickly enough during the pandemic. The
     center services;                                           officials noted that the state’s challenges in addressing the increased
•    contracted with the National Association                   volume of claims and call volume were also affected by staffing issues.
     of State Workforce Agencies to provide
     technical support during development of
     the state’s request for proposals for its                  According to Arkansas officials, to help improve performance during the
     ongoing modernization project; and                         pandemic, the state opted to use a third party service to host its call
•    using contractors to provide other                         center in the cloud, which reduced customers’ average call hold time from
     services, such as a cloud-based
     mainframe, project management, and                         2 hours to 17 minutes when fully staffed. The state also expanded its
     staff for its modernization project.                       mainframe capacity using a cloud-based service to respond to the
Source: GAO analysis of state information and interviews with
state officials, as of February 2023. | GAO-23-105478           massive increase in claimants. The officials added that a contractor also
                                                                built an entirely new system for the implementation of the Pandemic
                                                                Unemployment Assistance program and integrated the Federal Pandemic
                                                                Unemployment Compensation and Pandemic Emergency Unemployment
                                                                Compensation programs into the existing UI processing system. 2




                                                                2The Coronavirus Aid, Relief, and Economic Security (CARES) Act created three new
                                                                federally funded temporary UI programs—Pandemic Unemployment Assistance, Federal
                                                                Pandemic Unemployment Compensation, and Pandemic Emergency Unemployment
                                                                Compensation—that expanded benefit eligibility and enhanced benefit amounts.
                                                                Coronavirus Aid, Relief, and Economic Security (CARES) Act, Pub. L. No. 116-136, §§
                                                                2102, 2104, 2107, 134 Stat. 281, 313-28 (March 27, 2020). In addition, the Consolidated
                                                                Appropriations Act, 2021 created one additional temporary, supplemental UI program—
                                                                the Mixed Earner Unemployment Compensation program. Consolidated Appropriations
                                                                Act of 2021, Pub. L. No. 116-260, div. N, tit. II, § 261(a)(1), 134 Stat. 1182, 1961
                                                                (December 27, 2020).




                                                                Page 55                                          GAO-23-105478 Unemployment Insurance
Appendix III: Summaries of Eight Selected
States’ Modernization Efforts




In 2021, Arkansas decided it needed to continue to modernize its UI
systems. According to the state’s documentation, the goals of its ongoing
modernization effort are to:

•   create a more user friendly interface,
•   provide comprehensive and tailorable report generation, and
•   provide a performance measurement capability.

According to Arkansas officials, the state contracted with a vendor to
move its UI system and benefits applications to the cloud in preparation
for its modernization project. The Assistant Director for Unemployment
Insurance noted that it has been challenging to obtain the staff the state
needs to support the UI program and the modernization project at the
same time.

In June 2022, the Assistant Director for Unemployment Insurance told us
that the state was in discussions with contractors. However, a lack of
funding to modernize all of the state’s UI systems (i.e., benefits, appeals,
and tax), as well as bid protests, led to project delays.

As of March 2023, Arkansas officials reported that the state had changed
its plans and decided to pursue in-house development of the benefits and
tax systems, although the state still plans to rely on some contractor
support for portions of UI system development, implementation, and
technical support, among other areas. They explained that the amount of
funds designated by the state for modernization would not be enough to
utilize an outside contractor, and was better suited for modernizing the
systems internally. The officials noted that they were in the planning and
requirements analysis phase, and were ramping up hiring the necessary
staff for the project.




Page 56                                      GAO-23-105478 Unemployment Insurance
                                                                Appendix III: Summaries of Eight Selected
                                                                States’ Modernization Efforts




Delaware                                                        According to Delaware officials, the state has a UI modernization effort
                                                                underway to develop an integrated benefits, appeals, and tax system to
State: Delaware
                                                                replace the current benefits and tax systems. Officials said that
System age (approximately): 35 years
                                                                Delaware’s current UI systems, which were launched in the 1980s, rely
(benefits, appeals, and tax)                                    on an outdated programming language called the Common Business
Modernization status: In progress                               Oriented Language 3 and are supported by a mainframe.
Modernization phase: Mixed – planning and
requirements analysis
                                                                Delaware’s charter for the UI modernization project notes that smaller
Initiation year: 2022
                                                                upgrades have been made to the systems since that time, such as adding
Completion: 2026 (estimated)
Reported cost: $49 - $85 million (estimated)
                                                                functionality for claimants to file for benefits online and employers to file
Examples of the role of contracting in
                                                                their tax reports electronically. According to the Director for the
Delaware’s unemployment insurance (UI)                          Unemployment Insurance Division, many of the systems used for the UI
modernization efforts include                                   program are standalone with limited integration across the systems. As a
•    contracting with a vendor for the                          result, the state uses manual and paper-based processes to gather
     management of its ongoing modernization
     project;                                                   information and inform claimants of issues with their claims. The official
•    contracting with a vendor for UI data                      added that the standalone nature of the UI systems also makes
     cleansing, conversion, and support during                  integration with newer applications difficult.
     modernization;
•    contracting with the National Association
     of State Workforce Agencies to provide                     According to Delaware’s UI modernization project charter, the UI program
     technical support during the ongoing                       data currently resides in approximately 10 different systems. As a result,
     modernization project;
                                                                staff resources are required to support requests for information. The state
•    using contractors to provide other
     services, such as customer response
                                                                anticipates that the process for consolidating this data will be very
     management software, identity verification                 complex. In June 2022, Delaware officials told us that they had contracted
     service, and fraud detection; and                          with a vendor to identify data sources, as well as to gather, clean, and
•    planning to obtain contract support to                     extract data to a cloud-based data warehouse, in preparation for the
     maintain the modernized system.
Source: GAO analysis of state information and interviews with
                                                                state’s modernization efforts.
state officials, as of February 2023. | GAO-23-105478

                                                                Delaware’s project charter also stated that, during the COVID-19
                                                                pandemic, the state’s Unemployment Insurance Division received more
                                                                claims in the first 4 weeks of the pandemic than in the prior 12 months. In
                                                                addition, the charter noted that antiquated and poorly integrated systems
                                                                hindered Delaware’s ability to respond and manage the influx of claims
                                                                received during 2020 and 2021. This led to delays with claims processing
                                                                and subsequent payment of benefits that created a backlog. The Director
                                                                for the Unemployment Insurance Division told us the mainframe
                                                                performed well, but the state had to upgrade the web interfaces and
                                                                telephone systems with additional capacity.




                                                                3The Common Business Oriented Language, which was introduced in 1959, became the
                                                                first widely used, high-level programming language for business applications.




                                                                Page 57                                          GAO-23-105478 Unemployment Insurance
Appendix III: Summaries of Eight Selected
States’ Modernization Efforts




The Director for the Unemployment Insurance Division also noted the
state’s existing systems had some capability to support the pandemic UI
programs, but the state determined that it could better serve claimants by
using new software programs. The official said that the state deployed
two cloud-based software service platforms to implement those federal
programs and to handle the increase in call and email volume.

As a result of system performance issues experienced during the
pandemic, in 2021, Delaware officials decided to modernize the state’s UI
systems. According to Delaware’s project charter, the development of an
integrated benefits, appeals, and tax system is intended to help the state
eliminate the manual and paper processes that are used to gather
information and inform claimants about issues with their claims. The goals
for Delaware’s modernization effort are to, among other things:

•    improve the state’s UI systems and processes,
•    improve the security of the UI system and reduce fraud,
•    deliver a better customer experience,
•    improve employee experience and performance, and
•    provide the capability to adapt to changing economic conditions.

Delaware’s modernization project is in the planning and requirements
analysis phase, according to officials. The Senior Project Leader for the
Project Management Office in the Division of Unemployment Insurance
said that Delaware made a decision not to issue a request for information
for the modernization project. Instead, Delaware officials stated that they
worked with the National Association of State Workforce Agencies
(NASWA) 4 to develop a survey that Delaware sent to 16 different states
to gather information about each states’ modernization efforts, requests
for proposals, and experiences with their modernization contractors. As of
February 2023, Delaware officials told us the state intended to issue a
request for proposal for its UI system modernization in late February
2023.




4NASWA represents all 50 state workforce agencies, the District of Columbia, and U.S.
territories.




Page 58                                         GAO-23-105478 Unemployment Insurance
                                                                Appendix III: Summaries of Eight Selected
                                                                States’ Modernization Efforts




Maine                                                           Maine officials, including the Director and Deputy Bureau Director of
                                                                Maine’s Bureau of Unemployment Compensation, said that, in 2012, the
                                                                state began the ReEmployME project to modernize its UI systems.
State: Maine
                                                                According to the Deputy Bureau Director for the Bureau of Unemployment
System age (approximately): 5 years
(benefits, appeals, and tax)                                    Compensation, at that time, the benefits, appeals, adjudication, and tax
Modernization status: Complete                                  systems were separate systems with very limited interface and data
Modernization phase: Operations and                             sharing functionality. The officials said the tax and benefits systems were
maintenance                                                     at least 30 years old.
Initiation year: 2012
Completion: 2018 (actual)
                                                                According to Maine officials, when the state began exploring
Reported cost: $90 million (actual)
                                                                modernization of its UI systems, one criterion for a new system was to
Examples of the role of contracting in
Maine’s unemployment insurance (UI)                             find a recently developed successful state system that could be tailored to
modernization efforts include                                   Maine. The officials told us that the goals of the modernization effort were
•    contracting with a vendor to provide                       to have a system that Maine could keep current and adaptable to
     project managers and technical staff to
     support major changes to the UI                            changing needs of the UI program, as well as reduce costs by sharing in
     applications;                                              the maintenance and enhancement costs of the system. The Director of
•    contracting with a vendor to develop,                      the Bureau of Unemployment Compensation said that Maine wanted a
     maintain, and support the modernized
     system, including adding new
                                                                shared system that leveraged technology with states of the same size, so
     functionality; and                                         that the cost and maintenance would be the same for all states.
•    using contractors to provide other
     services, such as cloud services, payment                  Although there were no consortiums in place at the time Maine was
     detection and analytics to combat fraud,
     and identity verification service.                         looking for a shared system, the state later joined with other states to
Source: GAO analysis of state information and interviews with   form the ReEmployUSA consortium. 5 As a member of the ReEmployUSA
state officials, as of February 2023. | GAO-23-105478
                                                                consortium, Maine leveraged Mississippi’s pre-existing contract with a
                                                                vendor to develop, implement, and deploy a new system that integrated
                                                                Maine’s claims, adjudication, appeals, and tax systems into one system.

                                                                Maine officials noted that governance of a shared system can be
                                                                challenging for states that traditionally make their decisions
                                                                independently. Officials added that developing a governance model takes
                                                                time and effort. Further, they noted the importance of compromising when
                                                                it comes to system functionality, ensuring compliance with state specific
                                                                laws and policies, and prioritizing items based on available resources
                                                                internally and within the consortium.

                                                                According to officials, during the modernization, Maine faced challenges
                                                                with its contractor. Specifically, the officials noted that the contractor did
                                                                not always provide enough staffing resources with significant knowledge


                                                                5The ReEmployUSA consortium, originally known as the MRM Consortium, was founded
                                                                in 2013 by Mississippi, Maine, and Rhode Island. Connecticut and Oklahoma joined in
                                                                later years.




                                                                Page 59                                         GAO-23-105478 Unemployment Insurance
Appendix III: Summaries of Eight Selected
States’ Modernization Efforts




of the UI system, which led to project delays. In addition, they noted that
contractor staff turnover also contributed to project delays.

Nevertheless, Maine completed its UI modernization project in 2018 and
its system is in the operations and maintenance phase. Bureau of
Unemployment Compensation officials described some of the features of
the modernized system, which are:

•   additional self-service claimant functionality, including automated
    claim filing and processing, accounts for claimants to view and update
    information, and the ability to upload documents for different
    identification verification;
•   the ability to integrate the pandemic UI programs into one system as
    opposed to having separate stand-alone systems;
•   improved data access across the system; and
•   a new employer portal that provides the ability to electronically file
    their quarterly wage reports and make contributions (previously, this
    system was predominately paper-based and required manual data
    entry by UI staff).

Maine officials said that, during the COVID-19 pandemic, the state’s UI
systems were stable and able to handle the unprecedented workload
increase. Officials told us the claim volume in the first month of the
pandemic was almost 80,000 claims compared to an average of 2,400
claims in the months prior to the pandemic.

However, according to officials, at the beginning of the pandemic, Maine
experienced issues with the timeliness of payments due to several other
factors. First, there were too few staff to handle the claim volume, so the
state had to hire and train additional staff. A second factor was that many
individuals were filing for UI benefits for the first time and were not familiar
with UI and the related technology for filing claims. According to Maine
officials, this required more intensive services to assist applicants, which
were hampered initially by the lack of available, experienced staff. The
third factor Maine officials cited was the need to develop programming
code for the pandemic UI programs, which did not resemble the
programming code for regular UI.




Page 60                                     GAO-23-105478 Unemployment Insurance
                                                                Appendix III: Summaries of Eight Selected
                                                                States’ Modernization Efforts




Nevada                                                          According to Nevada officials, including the Administrator of the
                                                                Employment Security Division and the Deputy UI Administrator, the state
                                                                has a UI modernization effort underway to replace its UI benefits,
State: Nevada
                                                                appeals, and tax systems, which it previously modernized between 2010
System age (approximately): 8-10 years
(benefits, appeals, and tax)                                    and 2015. Nevada’s Unemployment Insurance Support Services Program
Modernization status: In progress                               Chief noted that, although it was beneficial to have new functionality and
Modernization phase: Requirements                               automated processes after the 2015 modernization effort, there have
analysis                                                        been multiple challenges with the current system. For example, the
Initiation year: 2021
                                                                official stated that there is no continuing product support by the contractor
Completion: 2025 (estimated)
                                                                for the tax system, which the contractor originally developed for the
Reported cost: $72 million (estimated)
                                                                banking sector and not UI. As a result, the system has been difficult to
Examples of the role of contracting in
Nevada’s unemployment insurance                                 manage and maintain.
modernization efforts include
•    contracting with the National Association                  The Program Chief also noted that, although the system reporting
     of State Workforce Agencies to provide
     technical support during the development                   features are functional, they have been highly inaccurate. As a result, the
     of the state’s request for proposals for the               office has had to rely on ad hoc queries for information. The official added
     ongoing modernization project;                             that there were also deficiencies in how the benefits and tax systems
•    using a contractor for the management of
     its ongoing modernization project, as well
                                                                work together and it was hard to get those deficiencies fixed by the
     as the development and implementation                      contractor because there was no warranty period. Further, the
     of the modernized system; and                              combination of the existing system issues and retaining employees with
•    using contractors to provide other                         the skills to maintain system functionality has been difficult for the
     services, such as the state’s case
     management system, field auditing                          department.
     software, and identity verification service.
Source: GAO analysis of state information and interviews with
state officials, as of February 2023. | GAO-23-105478
                                                                When the COVID-19 pandemic began, Employment Security Division
                                                                officials stated that Nevada’s benefits, tax, and appeals systems could not
                                                                handle the increased workload. Officials reported the average number of
                                                                claims before the pandemic was approximately 20,000. During the first
                                                                week of the pandemic, officials stated that there were approximately
                                                                350,000 claims per week which caused the benefits and tax systems to
                                                                crash. Officials added that the programming required to add the pandemic
                                                                UI programs was a burden on the system as it was not readily able to
                                                                process the changes, which led to claimants having difficulties when filing
                                                                claims.

                                                                In 2021, Nevada officials decided to modernize their UI systems due, in
                                                                part, to a backlog of over 1,950 system defects and the systems
                                                                performance issues experience during the pandemic. Officials stated the
                                                                goals of the 2021 modernization effort are to:

                                                                •   increase the capacity, productivity, and efficiency of the system with
                                                                    accurate information and reporting readily available for the accounting
                                                                    department;




                                                                Page 61                                     GAO-23-105478 Unemployment Insurance
Appendix III: Summaries of Eight Selected
States’ Modernization Efforts




•   reduce the amount of manual manipulation required by staff to import
    data from other systems into the UI systems to decrease the amount
    of work for staff;
•   develop a user friendly front-end to make the customer’s experience
    better;
•   improve the ability to handle an increased workload (e.g., due to a
    pandemic); and
•   be readily able to incorporate any future emergency UI programs
    similar to the Pandemic Unemployment Assistance program.

Nevada is in the requirements analysis phase of its modernization project.
The officials noted that the state obtained assistance from NASWA’s IT
Support Center (ITSC) to help draft the request for proposal, which it
released in February 2022. 6 In December 2022, Nevada announced that
the state had awarded the contract for the modernization. As of February
2023, Nevada officials told us that project managers from the contractor
have relocated to Nevada to work closely with Nevada’s Department of
Employment, Training, and Rehabilitation on gathering background
information needed for the project.




6ITSC was created in 1994 as a partnership between the DOL and the Maryland
Department of Labor, Licensing, and Regulation to support state UI IT initiatives. DOL
supports ITSC through grants to the Maryland agency, and ITSC’s Steering Committee
includes representatives from the Employment and Training Administration.




Page 62                                          GAO-23-105478 Unemployment Insurance
                                                                Appendix III: Summaries of Eight Selected
                                                                States’ Modernization Efforts




Ohio                                                            Ohio officials, including the Assistant Deputy Director for the Office of
                                                                Unemployment Insurance Operations and the Deputy Director of IT
                                                                Security Risk and Compliance for the Office of Information Services, told
State: Ohio
System age (approximately): 20 years
                                                                us the state has a UI modernization effort underway to replace its
(benefits and appeals); 2 years (tax)                           benefits, appeals, and tax, systems. According to officials, Ohio’s
Modernization status: In progress                               modernization effort is for the replacement of the state’s benefits and
Modernization phase: Mixed – planning and                       appeals systems that are about 20 years old, and the state’s prior tax
operations and maintenance
                                                                system that went live in 2011. 7
Initiation year: 2018
Completion: Not yet determined
Reported cost: Total cost not yet determined;
                                                                Ohio officials said, in 2018, the state contracted with a vendor to help
$36 million for tax system modernization                        develop, host, and maintain a new integrated UI system in the cloud,
(actual)                                                        known as the State of Ohio Unemployment Resource for Claimants and
Examples of the role of contracting in                          Employers (SOURCE). The Assistant Deputy Director for the Office of
Ohio’s unemployment insurance (UI)
modernization efforts include                                   Unemployment Insurance Operations noted that SOURCE is expected to
•    contracting with a vendor to provide                       be a fully integrated, modular, and configurable system for Ohio’s UI
     consulting and project management                          benefits, appeals, and tax functions.
     during the modernization effort;
•    contracting with a vendor to provide,
     manage, and host the modernized tax                        When completed, the SOURCE system is expected to provide features,
     system;                                                    such as
•    contracting with a vendor to develop,
     host, maintain, and support the                            •   a customer relationship management solution maintained by state
     modernized UI system in the cloud; and
•    using contractors to provide other
                                                                    staff,
     services, such as multi-factor
     authentication, chatbot and customer
                                                                •   a chatbot to provide guidance to customers, 8
     relationship management software, fraud
     detection, and identity verification service.              •   automated weekly filing and checking of claim status for benefits
Source: GAO analysis of state information and interviews with       using a virtual voice agent,
state officials, as of February 2023. | GAO-23-105478
                                                                •   intelligent ID proofing,
                                                                •   multifactor authentication, 9 and
                                                                •   fraud analytics and dashboards for data analytics.

                                                                Although Ohio had a modernization effort underway when the COVID-19
                                                                pandemic began in 2020, it was not fully completed. Officials said Ohio’s


                                                                7Ohio completed a modernization of its 2011 tax system in 2021 but, as of February 2023,
                                                                was still in the process of modernizing its benefits and appeals systems.
                                                                8A chatbot is a program that interacts directly in a free-form conversation with users via
                                                                natural language processing.
                                                                9Multifactor authentication in computer networks involves using two or more factors to
                                                                ascertain authentication. Factors include something you know (password or personal
                                                                identification number), something you have (cryptographic identification device or token),
                                                                or something you are (biometric).




                                                                Page 63                                            GAO-23-105478 Unemployment Insurance
Appendix III: Summaries of Eight Selected
States’ Modernization Efforts




legacy UI systems experienced performance issues at the beginning of
the pandemic. According to the Assistant Deputy Director for the Office of
Unemployment Insurance Operations, Ohio received an unprecedented
number of claims, which were more than the state had received in the
prior 2 years combined. For example, Ohio received 28,000 claims in the
month prior to the pandemic and 577,000 in the first month of the
pandemic. As a result, Ohio staff struggled for the first 2 months of the
pandemic to keep up with the volume of claims and to keep the systems
up and running.

Ohio officials told us that the state was able to stabilize the UI systems
and address the backlog of requests after a few months. However, the
Deputy Director of IT Security Risk and Compliance added that, even
after the state fine-tuned, optimized, and expanded the system to better
enable people to file claims, there were still problems during peak times.

Ohio officials told us that the state launched the modernized tax
component of SOURCE in December 2021 and the system is currently in
the operations and maintenance phase. In January 2023, the state
decided to terminate the contract for the development of the benefits and
appeals components of the SOURCE system due to the federal
indictment of two former employees who worked for the modernization
contractor. 10 The officials added that, as of February 2023, the state is
determining next steps for the modernization of its benefits and appeals
systems.




10In August 2022, two former employees of the contractor were indicted in West Virginia
federal court for allegedly stealing source code and making false statements to
investigators.




Page 64                                           GAO-23-105478 Unemployment Insurance
                                                                Appendix III: Summaries of Eight Selected
                                                                States’ Modernization Efforts




Pennsylvania                                                    According to Pennsylvania officials, including the Directors of the Office of
                                                                Unemployment Compensation Benefits Policy and the Office of
                                                                Unemployment Compensation Service Centers, the state’s existing tax
State: Pennsylvania
                                                                system was developed internally and was launched in 2011. The tax
System age (approximately): 2 years
(benefits and appeals); 12 years (tax)                          system is currently in the operations and maintenance phase.
Modernization status: Complete                                  Pennsylvania officials told us that the project to modernize its benefits
Modernization phase: Operations and                             and appeals systems, known as BenMod, began in 2015. According to
maintenance                                                     state documentation, at the time, those systems consisted of multiple IT
Initiation year: 2015                                           applications—written in different computer languages and located on
Completion: 2021 (actual)
                                                                different hardware platforms—working together to perform the
Reported cost: $32 million (actual)
                                                                unemployment compensation functions.
Examples of the role of contracting in
Pennsylvania’s unemployment insurance
modernization efforts include                                   According to Pennsylvania documentation, the vision for the BenMod
•    contracting with the National Association                  project was to implement an unemployment compensation benefits
     of State Workforce Agencies to provide
     technical support before going live with
                                                                system that provides excellent customer service, quality, and operational
     the benefits and appeals systems;                          efficiencies, and is sustainable and adaptable to the future. However, the
•    obtaining contract support for the                         Director of Unemployment Compensation Benefits Policy told us the state
     management of its modernization project,                   faced a series of challenges in acquiring the new system. For example,
     as well testing and technical consulting for
     the project;                                               the official stated that:
•    contracting with a vendor for the
     development and maintenance of its                         •   The modernization contractor originally developed the system for
     benefits and appeals system; and
                                                                    states smaller than Pennsylvania, which had different processes
•    using contractors to provide other
     services, such as call center services,                        (such as the manual review of every claim). As a result, the official
     field auditing software, and identity                          noted that Pennsylvania was still finding changes that it needed to
     verification service.                                          make to the system.
Source: GAO analysis of state information and interviews with
state officials, as of February 2023. | GAO-23-105478
                                                                •   The modernization contractor did not include customer feedback
                                                                    when it designed the UI benefits and appeals system. As a result, the
                                                                    official noted that the benefits and appeals systems were not
                                                                    customer-centric and were not designed around how the state’s
                                                                    customers would want to interact with the technology.
                                                                •   The project management contractor did not have prior project
                                                                    experience related to UI benefits and appeals. As a result, the official
                                                                    noted that the contractor disregarded things that state officials
                                                                    considered critical.
                                                                •   The project management and modernization contractors did not
                                                                    become sufficiently familiar with Pennsylvania’s laws and regulations
                                                                    and this made it difficult to move forward with the project.

                                                                The Director of Unemployment Compensation Benefits Policy stated that,
                                                                when the COVID-19 pandemic began, Pennsylvania was in the process
                                                                of modernizing its benefits and appeals systems that were still running on
                                                                the mainframe. Pennsylvania officials said they experienced some issues


                                                                Page 65                                     GAO-23-105478 Unemployment Insurance
Appendix III: Summaries of Eight Selected
States’ Modernization Efforts




with claims being processed in a timely manner, but the state’s
mainframe system performed fine during high volumes. Pennsylvania
officials said the state’s tax system did not experience any disruptions.

Pennsylvania officials said that the state fully implemented its integrated
benefits and appeals system in 2021. According to the officials,
Pennsylvania’s modernized benefits and appeals systems includes the
ability to, among other things:

•   implement identity verification solutions,
•   replace manual paper-based processes with electronic and
    automated processes,
•   search for claimants using some or all of key pieces information, and
•   train staff on the new system in an easier manner.

According to officials, the system is in the operations and maintenance
phase.




Page 66                                     GAO-23-105478 Unemployment Insurance
                                                                Appendix III: Summaries of Eight Selected
                                                                States’ Modernization Efforts




Tennessee                                                       Tennessee officials, including the Assistant Commissioner for the
                                                                Employment Security Division and the Assistant Administrator for
                                                                Unemployment Insurance, said the state has a modernization effort
State: Tennessee
System age (approximately): 7 years
                                                                underway to replace its UI systems. According to officials, the benefits
(benefits and appeals); 40 years (tax)                          and appeals system, which was previously modernized in 2016, and the
Modernization status: In progress                               roughly 40-year-old tax system are to be integrated into one system.
Modernization phase: Mixed – requirements
analysis, design, and development
                                                                The Assistant Administrator for Unemployment Insurance noted there
Initiation year: 2021
                                                                have been challenges with the current benefits system. For example, the
Completion: 2025
                                                                official stated there are system deficiencies, functionality issues, and
Reported cost: Total cost not yet determined;
$32 million for benefits and appeals systems                    limited contractor support for the product. As a result, it is difficult to
modernization (estimated)                                       enhance the system due to its instability. Tennessee officials added that
Examples of the role of contracting in                          the combination of the existing system issues and retaining employees
Tennessee’s unemployment insurance
modernization efforts include                                   with the skills to maintain system functionality has been difficult for the
•    contracting with a vendor to provide a                     state’s Labor Workforce Division.
     needs assessment, roadmap, and
     strategy for the modernization project, as
     well as technical support during the
                                                                Tennessee officials told us that, early in the COVID-19 pandemic, the
     development of the request for proposals                   state had issues scaling the UI system to meet the increase in demand
     for the modernization effort;                              from claimants filing for unemployment benefits, which led to system
•    planning to obtain contract support for the                crashes and the website timing out. The Assistant Administrator for
     development and implementation of the
     modernized system; and                                     Unemployment Insurance noted that Tennessee had two state-wide
•    using contractors to provide other                         disasters declared immediately before and at the beginning of the
     services, such as the state’s call center,                 pandemic, which placed additional burden on the systems. The official
     fraud detection, and identity verification
     service.                                                   reported that prior to the pandemic there were roughly 15,000 to 16,000
Source: GAO analysis of state information and interviews with   claimants a week. According to officials, at the start of the pandemic
state officials, as of February 2023. | GAO-23-105478
                                                                Tennessee received between a few hundred thousand to 1 million claims.

                                                                The Assistant Administrator for Unemployment Insurance added that the
                                                                tax system performed well during that time since it did not experience the
                                                                same workload increase that the benefits system had. However,
                                                                according to Tennessee officials, there was difficulty with the vendor
                                                                contracted to implement the Pandemic Unemployment Assistance and
                                                                Federal Pandemic Unemployment Compensation programs because the
                                                                contractor-developed system failed to keep the programs separate and
                                                                the system did not know which program to use based on a claimant’s
                                                                situation.

                                                                Tennessee officials said that, because of the current system’s
                                                                performance issues, both before and during the pandemic, the state
                                                                believes continued modernization is necessary for future success.
                                                                According to the Tennessee’s modernization strategy and roadmap for
                                                                the project, the goals for the new UI system are to:



                                                                Page 67                                     GAO-23-105478 Unemployment Insurance
Appendix III: Summaries of Eight Selected
States’ Modernization Efforts




•   align the system with business and stakeholder needs by reducing
    manual processes and simplifying and integrating workflows to
    increase efficiency and improve the stakeholder and customer
    experience;
•   develop a system that helps the state to comply with state legislation
    and is flexible enough to easily adapt to evolving federal and state
    requirements; and
•   align the system with the state’s technology direction, decrease
    maintenance costs, and improve system performance and stability.

Additional benefits of the modernization planned include a reduction in
manual and paper-based processes and improved access to data that
can be leveraged to automate key workflows and tasks.

Tennessee officials stated the modernization project is split into two
separate projects. The benefits and appeals modernization is in the
requirements analysis, design, and development phases. The
modernization project for the tax system is in the requirements analysis
phase.

In February 2023, officials stated that, regarding the benefits and appeals
system, Tennessee started the modernization in September 2022 and
intends to launch the new system in early 2024. Regarding the tax
system, the officials stated that the request for proposal for modernization
of the system was released in December 2022 and they expect to award
the contract in late April 2023. The officials added the state was planning
to launch the new tax system by summer 2025.




Page 68                                     GAO-23-105478 Unemployment Insurance
                                                                Appendix III: Summaries of Eight Selected
                                                                States’ Modernization Efforts




Texas                                                           According to Texas officials, including the Contract Project Manager for
                                                                the Texas Workforce Commission and the Director of Applications
State: Texas
                                                                Development and Maintenance for the IT Division, the state has a
System age (approximately): 35 years
                                                                modernization effort underway to replace its UI benefits, appeals, and tax
(benefits, appeals, and tax)                                    systems built in the 1980s and 1990s. The officials said Texas has been
Modernization status: In progress                               adding functionality to its UI systems for over 35 years, but had not fully
Modernization phase: Mixed – requirements                       modernized its systems. For example, the officials told us that an external
analysis, design, and testing
                                                                facing self-service system was developed in the early 2000s.
Initiation year: 2018
Completion: 2024 (estimated)
                                                                The Division Director for Unemployment Insurance stated that, in 2012,
Reported cost: $76 million (estimated)
Examples of the role of contracting in
                                                                Texas began a project to improve the user interface of the benefits
Texas’ unemployment insurance                                   system and to modernize the tax system. However, the director added
modernization efforts include                                   that the project schedule for the benefits system experienced delays, so
•    contracting with the National Association                  Texas decided to cancel that project along with the tax system
     of State Workforce Agencies to gather
     requirements for the modernization                         modernization project that was occurring at the same time.
     project;
•    planning to obtain contract support for the                Texas officials said its current UI systems no longer have the necessary
     management of its ongoing modernization
     project, as well as to provide independent                 performance or agility to adapt and evolve to the fast-paced changes
     verification and validation services; and                  required to support a modern workforce of over 13 million. The officials
•    using contractors to provide other                         noted that, as a result, the state has had to use a series of workarounds,
     services, such as field auditing software,
     data center resources and maintenance,
                                                                including manual databases, spreadsheets, and desk procedures, to keep
     chatbot software, fraud detection, and                     up with changes. According to the officials, modifying and enhancing the
     identity verification service.                             current system is problematic and requires extensive programming to
Source: GAO analysis of state information and interviews with
state officials, as of February 2023. | GAO-23-105478           incorporate changes.

                                                                In addition, officials told us that continually updating the UI applications
                                                                because of mandated legislative and DOL changes have made the
                                                                system difficult to maintain from a programming perspective. The Division
                                                                Director for Unemployment Insurance added that it has become
                                                                increasingly more difficult to find staff who can maintain the legacy
                                                                system. Texas officials said that the system does not meet all the
                                                                accessibility requirements, is not customer-centric, and does not offer the
                                                                modern features that customers expect, such as mobile applications.

                                                                As a result, in 2018, Texas officials decided to modernize their UI
                                                                systems to make one cohesive system. According to Texas
                                                                documentation, the goals of the modernization project are to:

                                                                •   increase customer pathways to services by having flexible technology
                                                                    that allows customers to access information and services when,
                                                                    where, and how the customer needs it;




                                                                Page 69                                     GAO-23-105478 Unemployment Insurance
Appendix III: Summaries of Eight Selected
States’ Modernization Efforts




•   integrate and align the systems and services so the systems work
    together to eliminate duplication, provide flexibility and agility for
    change management, streamline delivery of services, and eliminate
    the need to support multiple applications and platforms; and
•   equip Texas Workforce Commission staff and partners with
    appropriate technology so they have the right tools to provide or
    oversee delivery of excellent customer service, pay benefits
    accurately, and prevent improper payments.

Although Texas had a modernization effort underway when the COVID-19
pandemic began in 2020, it was not fully completed. Texas officials told
us that, during the pandemic, the backend mainframe performed very
well, but there were some challenges with the external facing web-based
applications. The Deputy Division Director for the Unemployment
Insurance Division noted that it became a challenge to keep the systems
operational and implement changes from DOL at the same time. Officials
stated that, prior to the pandemic Texas had 13,000 claims a week and
about 60,000 a month. Officials added that, in the first 6 weeks of the
pandemic, Texas had 1.5 million claims and there was not enough
system capacity to serve claimants immediately; however, they kept
claimants informed through proactive messaging.

Officials stated that, in January 2021, Texas signed a contract with a
vendor for the modernization project, which they expect to complete in
2024. As of February 2023, Texas officials stated they are in the
requirements analysis, design, and testing phases of their modernization
project.




Page 70                                     GAO-23-105478 Unemployment Insurance
Appendix IV: Comments from the
                   Appendix IV: Comments from the Department
                   of Labor


Department of Labor




         Page 71                                               GAO-23-105478 Unemployment Insurance
          Appendix IV: Comments from the Department
          of Labor




Page 72                                               GAO-23-105478 Unemployment Insurance
          Appendix IV: Comments from the Department
          of Labor




Page 73                                               GAO-23-105478 Unemployment Insurance
Appendix V: GAO Contact and Staff
                  Appendix V: GAO Contact and Staff
                  Acknowledgments


Acknowledgments

                  Carol C. Harris at (202) 512-4456 or HarrisCC@gao.gov
GAO Contact
                  In addition to the contact named above, the following staff made key
Staff             contributions to this report: Jon Ticehurst (Assistant Director), Lee Hinga
Acknowledgments   (Analyst-in-Charge), Brandon Berney, Chris Businsky, Rebecca Eyler,
                  Samantha Fowler, Lisa Maine, and Drew Yarbrough.




                  Page 74                                   GAO-23-105478 Unemployment Insurance
                         The Government Accountability Office, the audit, evaluation, and investigative
GAO’s Mission            arm of Congress, exists to support Congress in meeting its constitutional
                         responsibilities and to help improve the performance and accountability of the
                         federal government for the American people. GAO examines the use of public
                         funds; evaluates federal programs and policies; and provides analyses,
                         recommendations, and other assistance to help Congress make informed
                         oversight, policy, and funding decisions. GAO’s commitment to good government
                         is reflected in its core values of accountability, integrity, and reliability.

                         The fastest and easiest way to obtain copies of GAO documents at no cost is
Obtaining Copies of      through our website. Each weekday afternoon, GAO posts on its website newly
GAO Reports and          released reports, testimony, and correspondence. You can also subscribe to
                         GAO’s email updates to receive notification of newly posted products.
Testimony
Order by Phone           The price of each GAO publication reflects GAO’s actual cost of production and
                         distribution and depends on the number of pages in the publication and whether
                         the publication is printed in color or black and white. Pricing and ordering
                         information is posted on GAO’s website, https://www.gao.gov/ordering.htm.
                         Place orders by calling (202) 512-6000, toll free (866) 801-7077, or
                         TDD (202) 512-2537.
                         Orders may be paid for using American Express, Discover Card, MasterCard,
                         Visa, check, or money order. Call for additional information.

                         Connect with GAO on Facebook, Flickr, Twitter, and YouTube.
Connect with GAO         Subscribe to our RSS Feeds or Email Updates. Listen to our Podcasts.
                         Visit GAO on the web at https://www.gao.gov.

                         Contact FraudNet:
To Report Fraud,
                         Website: https://www.gao.gov/about/what-gao-does/fraudnet
Waste, and Abuse in
                         Automated answering system: (800) 424-5454 or (202) 512-7700
Federal Programs
                         A. Nicole Clowers, Managing Director, ClowersA@gao.gov, (202) 512-4400, U.S.
Congressional            Government Accountability Office, 441 G Street NW, Room 7125, Washington,
Relations                DC 20548

                         Chuck Young, Managing Director, youngc1@gao.gov, (202) 512-4800
Public Affairs           U.S. Government Accountability Office, 441 G Street NW, Room 7149
                         Washington, DC 20548

                         Stephen J. Sanford, Managing Director, spel@gao.gov, (202) 512-4707
Strategic Planning and   U.S. Government Accountability Office, 441 G Street NW, Room 7814,
External Liaison         Washington, DC 20548




                            Please Print on Recycled Paper.


File and source

File
gao-23-105478.pdf
Size
2,804,704 bytes
SHA-256
b23b154f13c564db64af8e4ba25a89a792ff0cc395571a54cc578ea709dbc674
Our copy
gao-23-105478.pdf
Original
www.gao.gov
Back to top