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Semiannual Report to Congress, Office of Inspector General for the U.S. Department of Labor, Volume 90 (April 1, 2023–September 30, 2023)

Summary

The Department of Labor Office of Inspector General's Semiannual Report to Congress, Volume 90, covers April 1, 2023 to September 30, 2023. The OIG reports 212 investigative reports issued or cases closed, 247 indictments, 236 convictions and more than $133 million in monetary accomplishments. Applying an estimated 21.52 percent improper payment rate to the approximate $888 billion in pandemic UI expenditures, it says at least $191 billion in pandemic UI payments could have been improperly paid, with a significant portion attributable to fraud. It adds that in August 2023 the Department reported a total improper payment rate of 35.9 percent for the PUA program. Among the cases, a former federal employee was sentenced to 18 years in prison for leading a $3.5 million pandemic UI fraud.

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

Full text

Volume 90								 April 1, 2023–September 30, 2023




Semiannual Report 			
to Congress
Office of Inspector General for the U.S. Department of Labor
         A Message from the Inspector General
   I am pleased to submit our Semiannual Report to
   Congress summarizing the activities of the U.S.
   Department of Labor (DOL or Department), Office of
   Inspector General (OIG), for the 6-month period ending
   September 30, 2023.

   As reflected in our semiannual report, my office
   continues to highlight the major issues facing DOL
   through the OIG’s independent audits and investigations.
   The OIG remains committed to conducting independent
   and objective oversight to improve DOL programs relied
   upon by millions of Americans.

   The OIG has started to rebalance our oversight
   post-pandemic with a continued focus on priority
   areas such as: (1) worker benefit programs, including
   unemployment insurance (UI) and workers’
   compensation; (2) worker safety and health, including occupational and miner safety and
   health and workplace rights; and (3) employment and training programs, including grants
   and the Job Corps program. While the pandemic-related UI programs have ended, the
   integrity of DOL’s UI program continues to be threatened by ongoing fraudulent activity and
   programmatic weaknesses that preceded and were exacerbated by the pandemic. As I noted
   in the last semiannual report, OIG oversight of the UI program still remains significantly
   challenged due to resource limitations, data access, and the expiring statute of limitations
   related to pandemic UI fraud.

   Resource Limitations
   Current resource limitations have hampered the OIG’s ability to meet our core mission
   and the challenges associated with pandemic-related oversight. The OIG’s Fiscal Year
   (FY) 2021 and FY 2022 appropriations remained flat, and the FY 2023 appropriation was
   $11 million less than requested. Moreover, our supplemental pandemic funding will be
   completely expended by the first half of FY 2024.

   As a result, the OIG had to make severe investigative capacity cuts of approximately 		
   20 percent during FY 2023 and, based on current resources, may make an additional 20 or
   more percent cut by the end of FY 2024. Similarly, from an audit perspective, we canceled
   10 audits planned for FY 2023 and may need to discontinue other planned work in the
   coming months.




Semiannual Report to Congress | April 1, 2023–September 30, 2023                                  1
    Statute of Limitations
    Currently, the statute of limitations for many pandemic-related UI fraud cases will begin
    to expire in early 2025 as the statutes most often used to prosecute UI fraud have 5-year
    limitations. We are concerned that, unless Congress acts to extend the statute of limitations
    for fraud associated with pandemic-related UI programs, many groups and individuals that
    have defrauded the UI program may escape justice. The expansion of the statute of limitations
    would provide investigators and prosecutors time to pursue and hold accountable those who
    defrauded the UI program and victimized the American people during the pandemic.


    Data Access
    The barriers to the OIG’s ongoing, timely, and complete access to state UI claimant data and
    wage records directly and adversely impact our ability to provide independent oversight to
    help DOL reduce improper payments in its programs. While DOL has facilitated temporary
    access to UI claimant data and wage records, the Department continues to interpret
    regulations as prohibiting the Employment and Training Administration (ETA) from requiring
    State Workforce Agencies (SWA) to provide UI data to the OIG for all audit and investigative
    purposes other than those involving specific instances of suspected fraud. This interpretation
    and subsequent guidance to SWAs contradict the Inspector General Act of 1978, as
    amended, which authorizes Inspector General access to DOL grant recipient information
    related to DOL programs, including SWAs’ UI data.

    To date, ETA has only implemented temporary solutions that are not sufficient to resolve the
    OIG’s recommendation or concerns. ETA has required sharing of state UI data as a condition
    of fraud prevention grants to provide such access through 2025 and recently issued guidance
    supporting additional grants that would provide access for potentially the next 2 to 5 years.
    According to ETA, 52 of 53 SWAs received grants. Additionally, ETA announced its intent
    to amend its regulations to facilitate the OIG’s ongoing access by February 2025, and,
    in July 2023, requested public comment on potential revisions that would require states to
    disclose unemployment compensation data to the OIG for oversight, including audits.

    OIG Accomplishments
    Despite these challenges, OIG staff continues to deliver high-quality oversight. In total, during
    this reporting period, the OIG issued 17 audit reports with 49 recommendations for corrective
    action and identified approximately $278 million in questioned costs and $6.3 billion in funds
    put to better use. Among our many significant findings, we reported:
    •   Non-traditional claimants received necessary Pandemic Unemployment Assistance (PUA)
        benefits as intended, but the program was weakened by, at a minimum, nearly $35 billion
        in overpayments, including fraud;




2                                        Semiannual Report to Congress | April 1, 2023–September 30, 2023
   •   ETA did not provide adequate oversight over $1 billion in emergency UI administrative
       grants and did not verify if states were qualified for the grants before transferring all grant
       funds to the states’ accounts;
   •   ETA and states did not effectively execute the $6.3 billion funded to the 53 SWAs
       through the Emergency Unemployment Relief for Government Entities and Nonprofit
       Organizations program or ensure full compliance with pandemic-related provisions;
   •   ETA did not evaluate the capability of SWAs’ UI information technology systems to
       successfully administer UI benefits;
   •   The Occupational Safety and Health Administration (OSHA) needs to do more to address
       high injury and illness rates of warehouse workers; and
   •   OSHA did not effectively manage the awarding process for emergency supplemental
       funds under ARPA to maximize coverage across states' State Plans and had insufficient
       controls in place to expend funds designated for State Plans.

   The OIG’s investigative work also yielded impressive results, with a total of 212 investigative
   reports issued / cases closed, 247 indictments, 236 convictions, and more than $133 million
   in monetary accomplishments. Highlights of this work follow:
   •   A former federal employee was sentenced to 18 years in prison for leading a $3.5 million
       pandemic UI fraud scheme;
   •   An international firearms dealer involved in a $1.9 million pandemic UI relief fraud scheme
       was sentenced to more than 7 years in prison;
   •   Nine defendants were sentenced to more than 63 years combined imprisonment in a
       $126 million, years-long, multistate pharmaceutical compounding fraud scheme to
       submit false and fraudulent claims to the Office of Workers’ Compensation Programs
       and TRICARE;
   •   Two owners and a manager of a Virginia commercial laundry business were sentenced to
       prison for their roles in a labor trafficking and money laundering conspiracy; and
   •   A Guatemalan man was sentenced to over 6 years in prison for his role in the forced labor
       of two minor Guatemalan victims.

   These outstanding accomplishments reflect the dedication and commitment to our mission by
   the hard-working OIG staff.

   In closing, I would like to thank Congress and the Department for their support of our work
   to identify improvements to DOL programs and operations and to protect the interests and
   benefits of the nation’s workers and retirees.

                                                                                       Larry D. Turner
                                                                                    Inspector General



Semiannual Report to Congress | April 1, 2023–September 30, 2023                                         3
                        OIG Fiscal Year 2022–2026 Strategic Plan


                                       OIG Mission
    We serve the American people, DOL, and Congress by providing independent and
    objective oversight of Departmental programs through audits and investigations,
    and by combatting the influence of labor racketeering in the workplace.




                                       Core Values
    Excellence
    We deliver relevant, quality, timely, high-impact products and services, through a
    workforce committed to accountability and the highest professional standards.

    Integrity
    We adhere to the highest ethical principles and perform our work in an honest and
    trustworthy manner.

    Independence
    We are committed to being free of conflicts of interest through objectivity and impartiality.

    Service
    We are a unified team, vigilant to duty through dedicated public service.

    Transparency
    We promote an environment of open communication through information sharing,
    accountability, and accurate reporting.




                                    Strategic Goals

    Goal 1: Deliver timely, relevant, and high-impact results.

    Goal 2: Foster an internal OIG culture that drives high performance and engagement.

    Goal 3: Promote responsible stewardship of OIG financial and non-financial resources.



4                                      Semiannual Report to Congress | April 1, 2023–September 30, 2023
                                                                                   Contents
Selected Statistics .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 6                  Appendices  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 121
                                                                                                        Reporting Requirements Under
Significant Concerns .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 8                             the Following Acts . . . . . . . . . . . . . . . . . . 122

Worker and Retiree Benefit Programs .  .  . 35                                                          Funds Recommended for Better Use  . . . 124

      Unemployment Insurance Programs . . . .  36                                                       Questioned Costs . . . . . . . . . . . . . . . . . . 125

      Office of Workers’ Compensation                                                                   Final Audit Reports Issued  . . . . . . . . . . . 126
      Programs  . . . . . . . . . . . . . . . . . . . . . . . .  80                                     Other Reports . . . . . . . . . . . . . . . . . . . . . 128

Worker Safety, Health, and Workplace                                                                    Unresolved Audit Reports Over
Rights .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 83         6 Months Old  . . . . . . . . . . . . . . . . . . . . . 129

      Occupational Safety and Health                                                                    Management Decision Made During this
      Administration . . . . . . . . . . . . . . . . . . . . .  84                                      Reporting Period on Audits, Inspections,
                                                                                                        or Evaluations Issued during a Previous
                                                                                                        Reporting Period
Employment and Training Programs  .  .  .  . 89
                                                                                                              Final Audit Reports Issued . . . . . . . . . 131
      Employment and Training Administration
      Programs  . . . . . . . . . . . . . . . . . . . . . . . .  90                                           Other Reports Issued  . . . . . . . . . . . . 133
      Foreign Labor Certification Programs . . .  93                                                    Corrective Actions Taken by
                                                                                                        the Department . . . . . . . . . . . . . . . . . . .  134
Labor Racketeering .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 95
                                                                                                        Unimplemented Recommendations . . . . . 138

Departmental Management .  .  .  .  .  .  .  .  .  .  .  . 97                                           High-Priority Unimplemented
                                                                                                        Recommendations  . . . . . . . . . . . . . . . . . 139
      Single Audits . . . . . . . . . . . . . . . . . . . . . . 103
                                                                                                        Summary of Reports with Unimplemented
Employee Integrity Investigations  .  .  .  .  .  . 105                                                 Recommendations with Cost Savings /
                                                                                                        Funds Put to Better Use  . . . . . . . . . . . .  144
OIG Whistleblower Activities  .  .  .  .  .  .  .  .  .  . 107                                          Reports with Unimplemented
                                                                                                        Recommendations for Management
Legislative Recommendations .  .  .  .  .  .  .  .  . 111                                               Improvement or Disallowed Costs Owed  . 145
                                                                                                        Investigative Statistics . . . . . . . . . . . . . . . 149
                                                                                                        Peer Review Reporting . . . . . . . . . . . . . . 151
                                                                                                        OIG Hotline . . . . . . . . . . . . . . . . . . . . . . . 152
                                                                                                        Fiscal Year 2024 Audit Workplan  . . . . . . 153
                                                                                                        Acronyms and Abbreviations . . . . . . . . . . 172
Audit Statistics

          17                          49                  $6.3 Billion $278 Million
     Audits and Other           Recommendations for           in Funds Put to           in Questioned
      Reports Issued              Corrective Action              Better Use                 Costs




                                                                      $                     ?


OIG Unimplemented Recommendations
OIG recommendations not fully implemented as of September 30, 2023


    EBSA          2

     ETA                                                                                     43

    MSHA                                                                  29

OASAM                                                                27

    OCFO                                         18

OFCCP            1

    OASP                    5

    OSHA                                           19

    OWCP                              12

    WHD                 4

           0                    10               20                  30            40                   50
6                                          Semiannual Report to Congress | April 1, 2023–September 30, 2023
Investigative Statistics
         Investigative Results                                                            Labor Racketeering
                                                                                          Program Fraud
                                                                                                                           197/212



                                                                           247           236
                   212
                                197
                                               139
                                                             112

                                                                                                                         197 investigative
                                                                                                          3             cases opened and
                                                                                                                        212 cases closed
                                            r               r                   s                  s         ry ts
                  s d
                se ose
                             s d
                           se ene        fo tion          fo tion          e nt               i on         to en
              a          a             d     u          d    c                              t            u
             C Cl      C Op         rre ec           rre l A         ict
                                                                         m               ic            at rm
                                  fe ros         e fe ivi          d                o nv             St eba
                                e
                               R P             R /C             In                C                    D
                          s es            ses min
                        a               a      d
                       C              C A



   Monetary Accomplishments




 $
                              Types include:                                         $5,700,064

                               Recoveries
                               Cost-Efficiencies
                               Restitutions
                               Fines/Penalties
                               Forfeitures
                               Civil Monetary Actions
                                                                                   $127,784,754
                               $133,484,818
                               Total                                                                                 Labor Racketeering
                                                                                                                     Program Fraud

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                                                             7
                                              Significant Concerns


                                  Significant Concerns
    The Office of Inspector General (OIG) has identified the following areas of significant concern that cause
    the U.S. Department of Labor (DOL or Department) to be at particular risk for fraud, mismanagement,
    waste, abuse, or other deficiencies. The identified areas of concern reflect continuing matters as well as
    emerging issues. Many of these issues are detailed in our annual Top Management and Performance
    Challenges report, which can be found in its entirety at www.oig.dol.gov.


              Deploying Unemployment
              Insurance Benefits                                                   DOL’s Limited Authority
              Expeditiously and Efficiently                                        in Maintaining the
              While Reducing Improper                                              Integrity of Foreign Labor
              Payments                                                             Certification Programs




              Providing the OIG Access to                                          Improving the Performance
              UI Claimant Data and Wage                                            Accountability of Workforce
              Records                                                              Development Programs




              Extending the Statute
              of Limitations associated                                                  Ensuring the Safety of
              with Pandemic-Related                                                      Students and Staff at
              Unemployment Insurance                                                     Job Corps Centers
              Fraud



              Unused Funds in State                                                      Managing Medical
              UI Accounts Need to                                                        Benefits in the Office of
              Be Returned to the                                                         Workers’ Compensation
              Federal Government                                                         Programs




                                                                                   Ensuring the Solvency
              Curtailing Child Labor
                                                                                   of the Black Lung Disability
              Law Violations
                                                                                   Trust Fund




                                                                                   Managing and
              Protecting the Safety and
                                                                                   Securing Data and
              Health of Workers
                                                                                   Information Systems




                                                                                         Ongoing Impact of
                                                      Protecting the
              Protecting the Safety                                                      Resource Limitations
                                                      Security of Employee
              and Health of Miners                                                       on the OIG’s Ability to
                                                      Benefit Plan Assets
                                                                                         Conduct Oversight



8                                               Semiannual Report to Congress | April 1, 2023–September 30, 2023
                                        Significant Concerns

Deploying Unemployment Insurance                           report outlined areas of concern that the
Benefits Expeditiously and Efficiently                     Department and states should consider
While Reducing Improper Payments                           as they implemented the Coronavirus Aid,
                                                           Relief, and Economic Security (CARES) Act
The OIG has long reported significant                      UI provisions. One of these areas was state
concerns with the Department and states’                   preparedness, specifically, the issues of
ability to deploy unemployment insurance                   staffing and system capabilities. Our audit
(UI) program benefits expeditiously and                    work has confirmed these issues persisted
efficiently while ensuring integrity and                   into the pandemic. For example, many
adequate oversight. We renewed this                        states had not developed or implemented UI
concern in March 2020 at the onset of the                  information technology (IT) modernization
COVID-19 pandemic as UI claims began to                    plans that improved the timeliness or
rise to historically unprecedented levels—far              accuracy of UI benefits processing.1
higher than state systems were designed to
handle. In the more than 3 years since, our                  We found that, during the year following
concern has grown as workers waited for UI                   passage of the CARES Act, more than six
benefits, improper payments soared, and our                  million Americans waited a month or more
audit and investigative work found program                   for pandemic-related UI benefits.
weaknesses and related criminal activity has
persisted throughout and after the federal                 Rapid deployment of CARES Act funding was
emergency. We remain particularly concerned                critical to helping workers in need. OIG work
about deployment of UI benefits in response                found continuing programmatic weaknesses
to emergencies, including natural disasters                led to certain workers, unemployed through
and economic downturns. Unless more is                     no fault of their own, suffering lengthy delays
done now at the federal and state level to                 in receiving benefits. We found that, during
increase systemic integrity in the UI program,             the year following passage of the CARES
the program’s weaknesses will continue to                  Act, more than six million Americans waited
negatively impact American taxpayers and                   a month or more for pandemic-related UI
workers both under current conditions and in               benefits. Further, states are still challenged in
the face of the next emergency.                            paying claimants timely. In August 2023, only
                                                           34 percent of reporting states were paying
Based on years of oversight relating to                    regular UI claimants timely versus 75 percent
DOL’s UI program, including the response                   before the pandemic started.2
to past disasters, our April 2020 advisory



1 COVID-19: Audit of State Workforce Agencies’ Information Technology Systems Capability in Processing
Unemployment Insurance Claims, Report No. 19-23-008-03-315 (September 19, 2023), available at:
https://www.oig.dol.gov/public/reports/oa/2023/19-23-008-03-315.pdf
2 Based on OIG analysis of data on the Employment and Training Administration’s public reporting on States’ UI
Benefit Timeliness and Quality, available at: https://oui.doleta.gov/unemploy/btq.asp

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                                 9
                                            Significant Concerns

Reducing Improper Payments, 		
including Fraud

For over 20 years, the OIG has reported on
weaknesses in the Department’s ability to
measure, report, and reduce improper payments
in the UI program, which has experienced
some of the highest improper payment rates
across the federal government. The reported
improper payment rate estimate for the regular
UI program has been above 10 percent3 for
16 of the last 19 years.4

Our recommendations have specifically
included the need for the Department to
estimate improper payments within federally
funded temporary emergency programs,
such as Pandemic Unemployment Assistance
(PUA), Pandemic Emergency Unemployment
Compensation (PEUC), and Federal
Pandemic Unemployment Compensation
(FPUC). More than a year after our
August 2020 recommendation,5 the Employment                     which were applied to FPUC and PEUC. Based
and Training Administration (ETA) began                         on audit and investigative work, the improper
applying its measured estimated improper                        payment rate for pandemic-related UI programs
payment rate for regular UI to FPUC and PEUC.                   was likely higher than 21.52 percent.
In December 2021, ETA reported an estimated
improper payment rate of 18.71 percent, and,                    In congressional testimony in February 2023,6
in December 2022, ETA reported an estimated                     we noted that more than $888 billion in total
improper payment rate of 21.52 percent, both of                 federal and state UI benefits were paid for



3 To fully comply with the Payment Integrity Information Act of 2019, agencies must report an improper payment rate
of less than 10 percent for each program and activity for which an estimate was published.
4 UI improper payments data for Fiscal Year 2004 through Fiscal Year 2022 as reported to the Office of Management and Budget.
5 COVID-19: More Can Be Done to Mitigate Risk to Unemployment Compensation under the CARES Act,
Report No. 19-20-008-03-315 (August 7, 2020), available at:
https://www.oig.dol.gov/public/reports/oa/2020/19-20-008-03-315.pdf
6 “The Greatest Theft of American Tax Dollars: Unchecked Unemployment Fraud,” Hearing, Statement for the
Record of Larry D. Turner, Inspector General, U.S. Department of Labor; House Committee on Ways and Means
(February 8, 2023), available at: https://www.oig.dol.gov/public/testimony/02082023.pdf

10                                              Semiannual Report to Congress | April 1, 2023–September 30, 2023
                                          Significant Concerns

benefit weeks during the UI pandemic period.7                 and states are still reporting, elevated levels of
Applying the estimated 21.52 percent improper                 improper payments in the UI program.
payment rate to the approximate $888 billion
in pandemic UI expenditures, at least 		                      In August 2023, the Department reported
$191 billion in pandemic UI payments could                    that the PUA program had a total improper
have been improperly paid, with a significant                 payment rate of 35.9 percent.10 According to
portion attributable to fraud.8                               ETA officials, the small-scale review used to
                                                              calculate the improper payment rate estimate for
The potential loss of $191 billion of taxpayer                PUA cannot be used to estimate the PUA fraud
money highlights the need for systemic                        rate. The fraud rate—which is a subset of the
improvements. For perspective, $191 billion                   improper payment rate—for pandemic-related
could have provided more than $3.5 billion to                 UI programs was likely higher than the fraud
each state workforce agency (SWA)9 toward                     rate for regular UI programs. Notably, in the first
ensuring preparedness for emergencies,                        6 months after the CARES Act passed, we found
including modernizing UI IT systems, enhancing                4 states paid $1 out of every $5 in PUA benefits
staffing levels, and formulating robust                       to likely fraudsters. In 2023,11 the Government
contingency plans. To recover the improperly                  Accountability Office (GAO) estimated the
paid benefits and mitigate the impact of these                pandemic-related fraud rate, including PUA, was
losses, collaboration between ETA and the                     about 11 to 15 percent for the period April 2020
states is vital. These issues have persisted                  to May 2023, and estimated up to $135 billion
after the pandemic; the OIG is seeing, and ETA                was lost to fraud.



7 With the exception of PUA, for which claims could be backdated to January 27, 2020, we define the UI pandemic
period as March 27, 2020, through September 6, 2021.
8 Fraud is a type of improper payment. The Office of Management and Budget explains that, at a high level, a
payment is “improper” if made in an incorrect amount or to the wrong recipient. Improper payments can result in
a money loss that was either unintentional (accidental) or intentional (fraud). For more information, see Office of
Management and Budget, Appendix C to OMB Circular A-123, Requirements for Payment Integrity Improvement,
Memorandum (March 5, 2021), last accessed September 27, 2022, available at:
https://www.whitehouse.gov/wp-content/uploads/2021/03/M-21-19.pdf.
9 When referring to UI, this Semiannual Report to Congress uses “state” or “SWA” to refer to the administrative
body that administers the program within the state, district, or territory. For the 50 states, as well as the U.S. Virgin
Islands, the Commonwealth of Puerto Rico, and the District of Columbia, that administrative body is a SWA. There
are, therefore, 53 SWAs. The CARES Act also provided certain UI benefits to American Samoa, the Commonwealth
of the Northern Mariana Islands, the Federated States of Micronesia, Guam, the Marshall Islands, and the Republic
of Palau, provided they signed an agreement with the Department.
10 This breakdown includes an overpayment rate of 17 percent, an underpayment rate of 1.5 percent, and a 17.4
percent rate for benefits whose classification—whether valid, overpaid, or underpaid—could not be determined. This
information was reported in ETA’s report, “Pandemic Unemployment Assistance Improper Payment Rate Report”
(August 21, 2023), last accessed October 13, 2023, available at: https://oui.doleta.gov/unemploy/improp_pay.asp#.
11 GAO, Unemployment Insurance: Estimated Amount of Fraud during Pandemic Likely between $100 Billion and
$135 Billion, GAO-23-106696 (September 2023), available at: https://www.gao.gov/assets/gao-23-106696.pdf

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                                       11
                                         Significant Concerns

We continue to review and evaluate improper                 has resulted in the indictment/initial charging
payment rate estimates.12 Estimating the                    of over 1,550 criminals, including members of
improper payment rate for all emergency UI                  the Robles Park criminal organization—whose
programs is critical for the efficient operation            members and associates engaged in acts
of the program. ETA and the states, under                   involving murder, assault, narcotics trafficking,
their program operating responsibilities, must              identity theft, and other crimes; a massive and
determine the improper payment rate, including              sophisticated criminal enterprise targeting the
the fraud rate, for pandemic UI programs.                   State of Maryland’s UI system; former state
                                                            or federal employees; individuals using sham
Combatting Large-Scale Fraud                                companies; a Nigerian national sentenced for
                                                            both UI and elder fraud schemes; and even an
Inspector General Larry D. Turner, during                   individual who was sentenced to 77 months in
his March 2022 congressional testimony,13                   prison and ordered to pay more than $700,000
reported that the unprecedented infusion of                 in restitution after bragging online about his
federal funds into the UI program—combined                  efforts to defraud a state UI agency.
with continuing program weaknesses and
easily attainable stolen personally identifiable            When the OIG identifies anti-fraud
information (PII)—provided a high-value target              measures that may help the program,
for fraudsters to exploit. For example, an                  we share them with the Department and
individual could make a fraudulent claim with               SWAs, as appropriate. For example, our
relatively low risk of being caught and, as time            investigators, auditors, and data scientists
went on, one fraudster could have been issued               collaboratively identified14 $46.9 billion in
several UI debit cards, with tens of thousands              potentially fraudulent UI benefits paid in the
of dollars on each card.                                    now six high-risk areas,15 to individuals with
                                                            Social Security numbers:
Our investigators have identified crimes related            1. filed in multiple states,
to UI fraud committed by bad actors both in
                                                            2. of federal prisoners,
the United States and abroad, and our work



12 At the time of the publication of this semiannual report, the OIG has not audited the reported PUA improper
payment rate. The OIG will assess that rate’s compliance with the Payment Integrity Information Act of 2019 for
Fiscal Year 2023. That audit report will be available in Summer 2024.
13 “Pandemic Response and Accountability: Reducing Fraud and Expanding Access to COVID-19 Relief through
Effective Oversight,” Hearing, Statement for the Record of Larry D. Turner, Inspector General, U.S. Department of
Labor; Senate Committee on Homeland Security and Governmental Affairs (March 17, 2022), available at:
https://www.oig.dol.gov/public/testimony/20220317.pdf
14 Alert Memorandum: ETA Needs to Incorporate Data Analytics Capability to Improve Oversight of the
Unemployment Insurance Program, Report No. 19-23-012-03-315 (September 25, 2023), available at:
https://www.oig.dol.gov/public/reports/oa/2023/19-23-012-03-315.pdf
15 Previously, we have reported on four high-risk areas; we added two areas: individuals with Social Security
numbers belonging to persons under 14 and over 100 years of age.

12                                           Semiannual Report to Congress | April 1, 2023–September 30, 2023
                                     Significant Concerns

3. used to file for UI claims with suspicious         the efforts were not sufficient to protect
   email accounts,                                    pandemic-related UI funds from historic levels
4. of deceased persons,                               of improper payments. In April 2022, ETA stated
                                                      that a swift rollout of a new government benefit
5. belonging to individuals under 14 years of
                                                      program would be 30 to 48 months. The OIG
   age, and
                                                      acknowledges ETA’s statement that states’
6. belonging to individuals 100 years of age or       ability to provide benefit payments within 1 to
   older (see Figure 1).                              2 months for a new, temporary UI program is a
                                                      very impressive achievement given the extensive,
We recommended states establish effective             complex requirements and activities that were
controls to mitigate fraud and other improper         necessary for implementation. However, we
payments to ineligible claimants and are              remain concerned that, given the nature of
examining whether states took effective               emergency situations, states would be unlikely
measures to address the initial four high-risk        to have a lengthy rollout period for emergency
areas. Additionally, in Spring 2023, we started       programs. ETA and states must include risk
assessing the effects of waivers and blanket          planning that would identify measures to facilitate
waivers on the recovery of UI overpayments,           the creation of new programs similar to the ones
including fraud. While DOL provided guidance          created in response to the pandemic.
correctly stating that recovery of fraudulent
payments may not be waived, we remain                 Providing the OIG Access to UI
concerned that states may have unintentionally        Claimant Data and Wage Records
waived or will waive fraudulent payments.
                                                      Barriers to the OIG’s ongoing, timely, and
As we reported, ETA and states made significant       complete access to UI claimant data and wage
efforts under extreme circumstances; however,         records from SWAs remains a significant


                       Figure 1: Six High-Risk Areas for Potential UI Fraud




Source: OIG analysis


Semiannual Report to Congress | April 1, 2023–September 30, 2023                                      13
                                         Significant Concerns

concern. This deficiency directly and adversely             the OIG took the unprecedented step of using
impacts the OIG’s ability to provide independent            Inspector General subpoenas to obtain this
oversight and combat fraud, waste, and                      critical data.
abuse to help DOL improve the integrity of
the UI programs. The power and use of data                  DOL continues to interpret regulations at 20
and predictive analytics enables the OIG                    Code of Federal Regulations (C.F.R.) Part 603
to continuously monitor DOL programs and                    as prohibiting ETA from requiring SWAs to
operations to detect and investigate fraud.                 provide UI data to the OIG for all audit purposes
Continuous monitoring serves as a deterrent to              and for investigative purposes other than those
fraud, allows the OIG to promptly discover areas            involving specific instances of suspected fraud.
of weakness, and enables DOL management to                  This interpretation and subsequent guidance
timely correct problems.                                    to SWAs contradict the Inspector General
                                                            Act of 1978, as amended, which authorizes
To effectively address the challenges posed                 mandatory Inspector General access to
by the pandemic, we took a proactive stance,                information available to DOL, including grant
employing data analytics at both national and               recipient information related to DOL programs,
state levels to identify high-risk areas within             such as SWAs’ UI data.16 In our June 2021
the UI program. However, the OIG’s ability to               alert memorandum,17 we recommended ETA
proactively detect UI fraud continues to be                 amend its regulations to reinforce that SWAs’
impacted by DOL’s interpretation that the OIG’s             UI information must be provided to the OIG for
ongoing, timely, and complete access to UI                  all engagements authorized under the Inspector
claimant data and wage records is limited to the            General Act of 1978, as amended.
pandemic period and related grants.
                                                            To date, ETA has only implemented temporary
Prior to and during most of the pandemic period,            solutions that are not sufficient to resolve the
DOL maintained that, under its regulations,                 OIG’s recommendation or concerns. ETA
SWAs were only required to disclose UI data to              has required sharing of state UI data as a
the OIG for specific fraud investigations. DOL              condition of fraud prevention grants to provide
asserted it lacked the authority to require SWAs            such access through 2025 and recently issued
to provide UI data to the OIG for audits and                guidance supporting additional grants that
investigations, despite the Inspector General Act           would provide access for potentially the next
of 1978, as amended, authorizing the Inspector              2 to 5 years. According to ETA, 52 of 53
General’s access for such purposes. As a result,            SWAs received grants. ETA stated it was able



16 Further, only a federal statute, not DOL’s regulations, can supersede the Inspector General’s access authority,
and only if it expressly states that it limits the Inspector General’s authority.
17 Alert Memorandum: The Employment and Training Administration Needs to Issue Guidance to Ensure State
Workforce Agencies Provide Requested Unemployment Insurance Data to the Office of the Inspector General,
Report No. 19-21-005-03-315 (June 16, 2021), available at: 								
https://www.oig.dol.gov/public/reports/oa/2021/19-21-005-03-315.pdf

14                                            Semiannual Report to Congress | April 1, 2023–September 30, 2023
                                      Significant Concerns

to require SWAs to provide UI data to the OIG           OIG highlighted DOL’s authority to amend its
due to temporary authority created by the               interpretation of its regulations without changing
CARES Act and subsequent pandemic-related               the regulations themselves. Specifically, ETA can
legislation. Because DOL issued its guidance            issue guidance to inform SWAs that they must
pursuant to pandemic-related legislation,               timely provide UI data without any constraints to
DOL’s guidance directs states that they must            the OIG for audits and investigations consistent
provide OIG access only for the pandemic                with the Inspector General Act of 1978, as
period and until the expiration of the grants,          amended. The historic levels of improper
which is contrary to the Inspector General Act          payments that the OIG has identified, including
of 1978, as amended.                                    potential fraud, support the conclusion that
                                                        he OIG’s continued access to state UI data 		
 The historic levels of improper payments               is imperative.
 that the OIG has identified, including
 potential fraud, support the conclusion                In support of the OIG’s oversight activities,
 that the OIG’s continued access to state               the OIG needs access to UI claimant data and
 UI data is imperative.                                 wage records from SWAs to verify claimants’
                                                        eligibility for UI benefits, including both initial
ETA announced its intent to amend its                   eligibility (and amounts) and continuing
regulations to facilitate the OIG’s ongoing             eligibility. Timely access to UI data will allow
access by February 2025, and, in July 2023,             the OIG to use our data analytics program to
requested public comment on potential                   identify and investigate complex identity theft
revisions that would require states to disclose         and multistate fraud schemes as we have
unemployment compensation data to the                   successfully done during the pandemic. The
OIG for oversight, including audits. Until DOL          OIG could also use those records to assess
implements a permanent solution ensuring                program outcomes for UI reemployment
the OIG’s complete and timely access to UI              programs, as well as other training programs,
program data and information, the Department’s          such as YouthBuild and Job Corps, where
interpretation of its regulations may renew             employment and wage increases are important
impediments to the OIG’s access experienced             factors in determining a program’s success.
prior to and during the pandemic.
                                                        In addition to the Inspector General Act of
While the OIG and ETA agree that changing               1978, as amended, Congress should consider
regulations requires notice and comment                 legislative action that would specifically
rulemaking, an immediate and legally sound              authorize DOL and the OIG to have ongoing,
interim solution is available to ETA. In the alert      timely, and complete access to UI claimant
memorandum issued September 21, 2022,18 the             data and wage records for our oversight



18 Alert Memorandum: Potentially Fraudulent Unemployment Insurance Payments in High-Risk Areas Increased to
$45.6 Billion, Report No. 19-22-005-03-315 (September 21, 2022), available at:
https://www.oig.dol.gov/public/reports/oa/2022/19-22-005-03-315.pdf

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                          15
                                        Significant Concerns

responsibilities. Ongoing, timely, and complete            most often used to prosecute UI fraud have
access to SWA UI claimant data and wage                    5-year limitations.
records systems would further enable the OIG
to quickly identify large-scale fraud and expand           As previously stated, during the pandemic,
its current efforts to share emerging fraud                the volume of the OIG’s UI investigative
trends with ETA and states to strengthen the UI            matters increased a thousandfold. Prior to the
program and deter fraud.                                   pandemic, the OIG opened approximately 100
                                                           UI fraud investigative matters each year. As of
Extending the Statute of Limitations                       September 2023, the OIG has opened more
associated with Pandemic-Related                           than 205,000 investigative matters related to the
                                                           pandemic. We continue to receive, on average,
Unemployment Insurance Fraud
                                                           100 to 500 new UI fraud complaints each week
                                                           from the National Center for Disaster Fraud.
We are increasingly concerned that, unless
Congress acts urgently to extend the statute
                                                           As a direct result of the exponential increase
of limitations for fraud associated with
                                                           in pandemic-related UI fraud referrals, OIG
pandemic-related UI programs, many groups
                                                           investigators are now carrying the largest
and individuals that have defrauded the UI
                                                           case inventory in the OIG’s history. We are
program may escape justice. As the primary
                                                           still dedicating the majority of our investigative
federal law enforcement agency responsible
                                                           resources to addressing pandemic-related UI
for providing oversight of the UI program, the
                                                           fraud matters. This issue is further exacerbated
OIG has vigorously pursued pandemic-related
                                                           by the OIG’s significant reduction in the
UI fraud. As of September 30, 2023, OIG
                                                           number of investigators onboard due to the
investigations have resulted in more than
                                                           near exhaustion of supplemental pandemic
1,550 individuals being charged with crimes
                                                           funding, resulting in a significant decrease in
involving UI fraud since March 2020.19
                                                           investigative capacity.
Even with the OIG’s tireless efforts, the current
                                                           Pandemic-related UI fraud referrals that we
statute of limitations associated with UI fraud
                                                           receive often include complex schemes involving
means federal law enforcement may still fall
                                                           criminal enterprises and bad actors who use
short in fully investigating and prosecuting the
                                                           sophisticated techniques to maintain their
most egregious cases of UI fraud, especially
                                                           anonymity. For instance, in one pandemic-related
given the volume and complexity of UI fraud
                                                           UI fraud investigation into the theft of over
matters we are tasked to investigate. Currently,
                                                           $4 million in UI benefits, conspirators
the statute of limitations for many of these cases
                                                           orchestrated a scheme to file UI claims using
will begin to expire in early 2025 as the statutes
                                                           stolen identities, which were often associated




19 For more details about OIG investigations, visit our Pandemic Response Portal at:
https://www.oig.dol.gov/OIG_Pandemic_Response_Portal.htm.

16                                           Semiannual Report to Congress | April 1, 2023–September 30, 2023
                                          Significant Concerns

with elderly citizens.20 The conspirators then                 Force, the COVID-19 Fraud Enforcement Task
opened bank accounts using the stolen identities               Force, and the COVID-19 Fraud Enforcement
for the sole purpose of receiving fraudulent UI                Strike Force teams to investigate and prosecute
proceeds. They withdrew the fraudulent proceeds                UI fraud. While these investigative resources
and purchased money orders made out to                         helped us address the incredible volume of UI
themselves and to an online vehicle auction                    fraud matters, the process of collecting and
company. The conspirators then laundered the                   cleaning the SWA data required a significant
UI funds by using the money orders to purchase                 amount of time. We leveraged the UI data we
salvaged automobiles in the United States and                  were able to collect to identify those matters
ship them to Nigeria. They also facilitated the                that posed the greatest risk to the UI program;
transfer of conspiracy proceeds to overseas                    however, to most effectively and efficiently
bank accounts. This complex fraud investigation                investigate these matters, we need additional
spanned both domestic and foreign jurisdictions.               time, data, and resources.
The defendants have been convicted of
conspiracy to commit wire fraud.                               Supplemental pandemic resources from
                                                               Congress allowed the OIG to hire more criminal
                                                               investigators and significantly expand the
                                                               number of staff reviewing UI fraud matters.
                                                               Unfortunately, the OIG is in the process of
                                                               reducing staffing to pre-pandemic levels due
                                                               to the near exhaustion of the supplemental
                                                               funding provided by Congress. We have also
                                                               been forced to eliminate all of the approximately
                                                               20 contract staff we have been using to triage
                                                               the approximately 205,000 UI fraud complaints
                                                               we received during the pandemic. Despite
                                                               our dwindling resources, the OIG anticipates
                                                               identifying and investigating pandemic-related
                                                               UI fraud until the statute of limitations expires.
                                                               Absent congressional action, the statute of
Criminal investigations like this one require                  limitations will begin to expire in early 2025.
significant resources and time. We leveraged
additional resources by partnering with SWAs,                  In August 2022, an extension of the statute of
the U.S. Department of Justice (DOJ), and                      limitations was implemented for crimes involving
other federal law enforcement agencies on                      the U.S. Small Business Administration’s
the National Unemployment Insurance Task                       Paycheck Protection Program (PPP) and



20 Department of Justice, U.S. Attorney’s Office, Northern District of Alabama, “Georgia Resident Pleads Guilty to
COVID-19 Unemployment Fraud Targeting Several States,” press release (June 8, 2022), available at:
https://www.justice.gov/usao-ndal/pr/georgia-resident-pleads-guilty-covid-19-unemployment-fraud-targeting-several-states

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                                       17
                                         Significant Concerns

Economic Injury Disaster Loan (EIDL) program.               than $5 billion. These programs made funding
Congress should likewise consider extending                 available to SWAs through reimbursements
the statute of limitations for existing laws when           that states drew down from state UI accounts.
pandemic-related UI programs are defrauded.                 The programs ended in September 2021; some
The expansion of the statute of limitations                 of the remaining funds may be attributable to
would provide investigators and prosecutors                 adjustments to claims that SWAs still need to
time to pursue and hold accountable those who               make. However, ETA and SWAs need to perform
defrauded the UI program and victimized the                 reconciliations to determine exactly how much
American people during the pandemic.                        money needs to be deobligated and returned to
                                                            the U.S. Department of the Treasury (Treasury).
Further, for similar reasons, Congress could
consider extending the federal statute of                     In two CARES Act UI programs, TFFF
limitations for states to pursue administrative               and EURGENO, recent work identified
recoveries in cases of proven overpayments,                   the need for reconciliation of more than
including fraud, and with appropriate due process.            $5 billion.

Unused Funds in State UI Accounts                           During our audit of TFFF, we identified that
Need to Be Returned to the Federal                          ETA made approximately $12.5 billion of
                                                            funding available in the 53 SWAs’ invested
Government
                                                            Federal Unemployment Accounts.22 The SWAs
                                                            accessed the funds as reimbursement of
As a result of recent work, we are concerned that
                                                            100 percent 23 of benefits paid to claimants for
a significant amount of pandemic-related
                                                            their first week of regular UI compensation.
federal funding remains in state UI accounts.
                                                            Overall, 53 states drew down about 		
For example, in two CARES Act UI programs,
                                                            $7.5 billion of the approximately $12.5 billion
Temporary Full Federal Funding of the First
                                                            made available, leaving nearly $5 billion
Week of Compensable Regular Unemployment
                                                            (40 percent) unused as of July 31, 2023—
for States with No Waiting Week (TFFF)
                                                            more than 22 months after the benefit eligibility
and Emergency Unemployment Relief
                                                            period expired. ETA needs a plan for states
for Governmental Entities and Nonprofit
                                                            to reconcile and close out these accounts for
Organizations (EURGENO),21 recent work has
                                                            proper disposition of remaining funds. With no
identified the need for reconciliation of more
                                                            formal plan to return unused funds to Treasury,


21 In Unemployment Insurance Program Letter 18-20, ETA refers to EURGENO as “Emergency Unemployment Relief
for State and Local Governmental Entities, Certain Nonprofit Organizations, and Federally-Recognized Indian Tribes.”
22 Treasury transfers funds from the general fund to the Federal Unemployment Account in amounts estimated by
ETA to be necessary to reimburse the states for first week regular UI compensation paid. The Federal Unemployment
Account is an account within the federal Unemployment Trust Fund that pays for the costs to administer the UI
program, emergency benefits, loans to state trust funds, and program expansions like the CARES Act.
23 Although this amount was temporarily reduced to 50 percent from January through mid-March of 2021, it was
retroactively restored to 100 percent for that period through the program’s expiration in September 2021.

18                                           Semiannual Report to Congress | April 1, 2023–September 30, 2023
                                         Significant Concerns

the remaining balances are vulnerable to fraud,             than 10 million workplaces. The Fair Labor
waste, and abuse.                                           Standards Act of 1938 sets standards
                                                            for minimum wage and overtime, among
During our audit of EURGENO, we identified                  others, including youth employment.
that ETA made approximately $6.3 billion of                 Enforced by DOL’s Wage and Hour Division,
relief funds available to the 53 SWAs’ UI trust             the standards for youth employment are
funds. EURGENO was designed to mitigate                     commonly known as child labor laws and
the effects of the pandemic on employers that               are meant to ensure youth employment is
reimburse SWAs for eligible UI benefits paid                safe, appropriate, and does not jeopardize
(reimbursing employers). The SWAs accessed                  youth health, wellbeing, or educational
relief funds to provide refunds to reimbursing              opportunities. We are concerned about the
employers or to fund credits extended to these              rise in child labor law violations and the
employers—amounting to 50 percent 24 or                     recent reductions in child labor protections
75 percent 25 of the employers’ cost of UI                  with additional proposals pending.
benefits. However, the audit identified
that, 16 months after EURGENO ended, 26                     Since 2018, DOL has reported a 69 percent
approximately $844.1 million of EURGENO                     increase in children being employed in
relief funds (19 percent of the total $4.5 billion          violation of child labor laws. In Fiscal Year
allocated), remained unused in 32 states’                   (FY) 2022, DOL found 835 companies it
UI trust funds. Given that this data does not               investigated had employed more than 3,800
include 21 SWAs, there could potentially be                 children in violation of child labor laws.
millions of dollars more remaining in other                 Furthermore, the increase in child labor law
states’ UI trust funds that needs to be returned            violations is occurring while the Wage and
to the federal government.                                  Hour Division struggles to retain investigators.
                                                            In addition, two laws recently passed in the
Curtailing Child Labor Law Violations                       States of Arkansas and Iowa to weaken
                                                            child labor protections. Similarly, in 2023,
Collectively, U.S. labor laws cover most                    six bills to weaken child labor protections have
private, state, and local government                        been introduced in the States of: Minnesota,
employment and protect more than                            Missouri, Nebraska, Ohio, and South Dakota.
148 million of America’s workers in more                    We are currently examining the Wage and
                                                            Hour Division’s efforts to curtail child labor


24 Under the CARES Act provisions, reimbursing employers were eligible to receive relief through refunds after they
paid their bills in full. On August 3, 2020, the Protecting Nonprofits from Catastrophic Cash Flow Strain Act of 2020
became law, which required states to provide reimbursing employers with 50 percent relief through credits.
25 On March 11, 2021, the American Rescue Plan Act of 2021 was signed into law, which increased the relief
percentage from 50 percent to 75 percent, beginning after March 31, 2021. According to ETA guidance, this
effectively increased the rate by the week ending April 11, 2021.
26 The EURGENO program ended on September 6, 2021. As of February 1, 2023, the total balance for the 		
32 states remained at approximately $844.1 million.

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                                  19
                                       Significant Concerns

law violations and attempting to determine the            to be challenged with reaching the number of
cause for the rise of such violations.                    worksites for which it is responsible.

Protecting the Safety and Health                          In early 2023,27 we found OSHA did not
of Workers                                                consistently ensure complaints and referrals
                                                          were adequately addressed nor did it
Responsible for the safety and health of                  regularly enforce hazard abatement timelines.
approximately 130 million workers employed at             Specifically, we found OSHA did not consistently
more than 8 million worksites, the Occupational           involve the complainant and/or witnesses in the
Safety and Health Administration (OSHA) must              investigation or inspection processes. Further,
ensure employers are providing the level of               OSHA has no policy requiring Compliance
protection required under relevant laws and               Safety and Health Officers, those responsible
policies. Federal law entitles U.S. workers               for performing inspections and investigations, to
to a safe and healthful workplace. Failure to             interview or otherwise involve the complainant
keep workplaces free of known safety and                  after the complaint is filed.
health hazards can lead to serious legal
consequences, injuries, illnesses, and fatalities.        However, that person may have key insights to
The OIG remains concerned about OSHA’s                    ensure alleged hazards are being addressed.
ability to target its compliance activities to areas      OSHA interviewed the complainant in 50 percent
where it can have the greatest impact.                    of sampled complaints. In all sampled cases
                                                          where OSHA interviewed the complainant and/
OSHA carries out its compliance responsibilities          or witnesses, each person was only interviewed
through a combination of self-initiated inspections       once. Additionally, OSHA did not consistently
and those resulting from complaints and referrals.        follow procedures in its Field Operations Manual
In FY 2023, OSHA conducted 34,273 inspections,            involving documentation of decision points,
including 17,480 unprogrammed inspections.                indicating a possible inadequacy in its inspection
Unprogrammed inspections result from employee             processes. Finally, OSHA did not regularly ensure
complaints, injuries/fatalities, and referrals. OSHA      safety and health violations from complaints and
must target the most egregious or persistent              referrals were corrected in a timely manner.
violators to protect the most vulnerable worker
populations. OSHA has since increased its                 In this reporting period, the OIG found28 OSHA’s
number of inspectors—from 750 in 2021, to 931             Site-Specific Targeting programs—which were
as of March 31, 2023. However, OSHA continues             specifically designed to reach establishments



27 OSHA Needs to Better Address Complaints and Referrals for Increased Worker Safety,
Report No. 20-23-001-10-105 (March 6, 2023), available at:
https://www.oig.dol.gov/public/reports/oa/2023/02-23-001-10-105.pdf
28 COVID-19: OSHA Needs to Do More to Address High Injury Rates of Warehouse Workers,
Report No. 19-23-013-10-105 (September 27, 2023), available at:
https://www.oig.dol.gov/public/reports/oa/2023/19-23-013-10-105.pdf

20                                          Semiannual Report to Congress | April 1, 2023–September 30, 2023
                                      Significant Concerns

with high rates of serious injuries—had limited
controls in place to ensure an adequate number
of targeted Site-Specific Targeting program
inspections occurred. It also did not timely
monitor program activity to determine how many
of the proposed inspections actually occurred
until after the programs ended. Very few
inspections of targeted establishments meant
workers remain vulnerable to continuously high
rates of injury and illness.

Further, OSHA’s ability to target enforcement is
also impacted by its limited visibility. We found,
on average, between 2016 and 2020, 59 percent
of establishments in all industries failed to
submit their mandatory annual injury and illness
reports to OSHA. Additionally, OSHA could not         First, we are concerned regarding MSHA’s
identify if an establishment met the criteria for     ability to conduct inspections. The Federal Mine
mandatory reporting and, therefore, could neither     Safety and Health Act of 1977 requires MSHA
proactively remind specific establishments that       to inspect every underground mine at least
they must report nor effectively cite employers for   four times per year and every surface mine
non‑compliance. Non‑reporting continues to be a       at least two times per year. Although MSHA
challenge for OSHA and results in an incomplete       has reported a nearly 100 percent completion
view of workplace injury and illness.                 rate, MSHA may not be completing all of
                                                      its mandatory inspections. The agency is
Protecting the Safety and Health                      challenged with identifying when a mine needs
of Miners                                             a change in the mine’s operating status or
                                                      verifying its status, which factors into how
The Mine Safety and Health Administration’s           many inspections MSHA conducts at the mine.
(MSHA) mission is to prevent death, injury,           Not maintaining an accurate mine status in its
and illness from mining and promote safe and          system has also led to other significant issues,
healthful workplaces for U.S. miners. The OIG         such as abandoned mines not being sealed in
is significantly concerned about four aspects of      accordance with the Federal Mine Safety and
MSHA’s ability to successfully fulfill its mission:   Health Act of 1977 and potentially presenting a
(1) conducting inspections, (2) writing violations    danger to the public.
for identified hazards, (3) reducing fatalities,
and (4) completing rulemaking for respiratory         Second, we are concerned about MSHA’s ability
protection of miners.                                 to write violations for hazards that it identifies




Semiannual Report to Congress | April 1, 2023–September 30, 2023                                     21
                                        Significant Concerns

during inspections. An OIG audit 29 found MSHA             Third, we are concerned about the high level
inspectors were not writing violations that                of miner fatalities in two areas. According
adhered to the Federal Mine Safety and Health              to MSHA’s data, powered haulage and
Act of 1977 and MSHA guidance for two                      machinery accidents are the leading causes of
reasons: (1) they were not following the                   miner fatalities (see Figure 2). Together, they
guidance and (2) system controls were missing              accounted for half of all mine fatalities since
or improperly designed. We also found MSHA                 2022 and that percentage has already increased
inspectors were extending violations for                   as of September 2023.
unjustified reasons and not timely verifying
whether mine operators had abated hazards by               MSHA has taken steps to reduce powered
required due dates. This was generally due to              haulage fatalities, such as when it launched an
inspectors being responsible for mines located             enforcement initiative in November 2021 with
across large geographic areas and not revisiting           guidance on preventing accidents and meeting
the mines by the due dates.                                with mine personnel to emphasize best safety

       Figure 2: Number and Percentage of Top 8 Classes of Mining Fatalities,
                            Calendar Years 2018–2023




Source: MSHA’s Accident Injuries public dataset, as of September 8, 2023



29 MSHA Can Improve How Violations Are Issued, Terminated, Modified, and Vacated, Report No. 05-21-002-06-
001 (March 31, 2021), available at: https://www.oig.dol.gov/public/reports/oa/2021/05-21-002-06-001.pdf

22                                           Semiannual Report to Congress | April 1, 2023–September 30, 2023
                                      Significant Concerns

practices and training. In addition, MSHA has          The Federal Mine Safety and Health Act of 1977
issued safety guidance for powered haulage             gives the U.S. Secretary of Labor authority to
equipment and implemented an enhanced                  develop, promulgate, and revise mining health
enforcement program. The OIG will continue to          or safety standards for the protection of life and
monitor MSHA’s efforts to decrease powered             prevention of injuries and illnesses. Respirable
haulage accidents.                                     crystalline silica can cause deadly and incurable
                                                       chronic conditions, such as black lung disease.
Also, MSHA has started taking steps to reduce
machinery-based fatalities. For instance, in           Protecting the Security of Employee
October 2023, MSHA issued a safety alert               Benefit Plan Assets
identifying recent fatal machinery accidents and
best practices for miners to mitigate the risk of      The OIG remains concerned about the Employee
accidents occurring. Likewise, in September            Benefits Security Administration’s (EBSA) ability
2023, MSHA submitted its final rule on Safety          to protect the integrity of pension, health, and
Programs for Surface Mobile Equipment to               other benefit plans of about 153 million workers,
the Office of Management and Budget (OMB),             retirees, and their families under the Employee
which would require mine operators to establish        Retirement Income Security Act of 1974 (ERISA).
a written safety program for mobile equipment          In particular, the OIG is concerned about the
and powered haulage equipment (except belt             statutory limitations on EBSA’s oversight authority
conveyors) used at surface mines and surface           and inadequate resources to conduct compliance
areas of underground mines. The OIG will               and enforcement.
continue to monitor MSHA’s efforts to decrease
machinery-based accidents.                             A decades-long challenge to EBSA’s
                                                       compliance program, ERISA provisions allow
Finally, while MSHA has issued a proposed              billions of dollars in pension assets to escape
rule to lower the allowable respirable crystalline     full audit scrutiny. The act generally requires
silica exposure level for miners in July 2023,         every employee benefit plan with more than
we are still concerned about MSHA’s ability to         100 participants to obtain an audit of the plan’s
complete rulemaking for respiratory protection         financial statements each year. However, an
of miners. It has started and restarted its            exemption in the law allowed auditors to perform
rulemaking efforts for respirable crystalline          “limited-scope audits.” These audits excluded
silica regulations at least six times since 1996.      pension plan assets already certified by certain
An OIG audit found MSHA’s allowable limit              banks or insurance carriers and provided little to
for respirable crystalline silica had remained         no confirmation regarding the actual existence
unchanged for more than 50 years. This                 or value of the assets.
proposed rule would allow MSHA to issue a
citation and monetary penalty at coal mines            In 2013 and in 2014, we reported that as much
when violations of its respirable crystalline silica   as $3 trillion in pension assets—including
exposure limit occur (current MSHA standards           an estimated $800 billion in hard-to-value
already allow this at metal nonmetal mines).           alternative investments held in otherwise


Semiannual Report to Congress | April 1, 2023–September 30, 2023                                       23
                                          Significant Concerns

regulated entities such as banks—received                     improve the Thrift Savings Plan’s cybersecurity
limited-scope audits that provided weak                       posture. As a significant portion of the Thrift
assurance to participants regarding the                       Savings Plan’s infrastructure was recently
financial health of their plans. In 2019,                     transferred to an outside third-party vendor, we
the American Institute of Certified Public                    are concerned about the threat cybersecurity
Accountants updated its accounting standards                  breaches pose to the Thrift Savings Plan.
related to these types of audits. The new                     More generally, identifying and mitigating cyber
standards replaced limited-scope audits with                  threats requires a high degree of technical
audits from ERISA Section 103(a)(3)(C) and                    expertise. Cyber threats potentially place at
imposed new performance requirements on                       risk trillions of dollars in other ERISA-covered
plan management and auditors. In FY 2024,                     retirement plan assets.
we plan to follow up on our previous work on
EBSA’s oversight of limited-scope audits.                     DOL’s Limited Authority in Maintaining
                                                              the Integrity of Foreign Labor
EBSA needs to focus its limited available                     Certification Programs
resources on investigations that are most
likely to result in the prevention, detection,                The DOL foreign labor certification (FLC)
and correction of Employee Retirement                         programs are intended to permit U.S.
Income Security Act of 1974 violations. This                  employers to hire foreign workers to meet their
is particularly important given the number                    workforce needs while protecting U.S. workers’
of benefit plans EBSA oversees relative                       jobs, wages, and working conditions. DOL’s
to the number of investigators it employs.                    administration of FLC programs under current
Finally, EBSA lacks the authority under the                   laws has been a concern for the OIG for
Federal Employees’ Retirement System Act                      decades. Our work has shown these visa
to effectively oversee hundreds of billions                   programs—in particular the H-1B program for
in federal employee Thrift Savings Plan                       workers in specialty occupations—to be
assets.30 The Federal Employees’ Retirement                   susceptible to significant fraud and abuse from
System Act requires EBSA to conduct regular                   perpetrators, including immigration agents,
compliance audits to determine whether                        attorneys, labor brokers, employers, and
the Federal Retirement Thrift Investment                      organized criminal enterprises. Over the last
Board, an independent agency, is fulfilling its               decade, the OIG, along with federal partners,
fiduciary duties and properly safeguarding                    has conducted 160 criminal investigations
Thrift Savings Plan participants’ assets.                     related to fraud in FLC programs. Of particular
                                                              concern, OIG investigations have uncovered
However, EBSA has limited legal authority to                  criminal misuse of FLC programs to engage in
compel the Federal Retirement Thrift Investment               human trafficking—with victims being exploited
Board to implement its recommendations, which                 for economic gain.
includes enforcing its recommendations to


30 The total value of Thrift Savings Plan assets fluctuates over time and is affected by market volatility.

24                                             Semiannual Report to Congress | April 1, 2023–September 30, 2023
                                       Significant Concerns

                                                         As we have reported since 2003,31 DOL
                                                         continues to have limited authority over the
                                                         H-1B program and permanent employment
                                                         certification program (PERM), which challenges
                                                         the goal of protecting the welfare of the nation’s
                                                         workforce. The statute limits DOL’s ability to
                                                         deny H-1B applications and to investigate
                                                         potential violations. Specifically, DOL may only
                                                         deny incomplete and obviously inaccurate H-1B
                                                         applications and has only limited authority to
                                                         conduct H-1B investigations in the absence of
                                                         a complaint. Without statutory authority, the
                                                         Department generally cannot verify employers’
                                                         attestations to the H-1B certifications unless a
                                                         complaint is filed or the Department utilizes a
                                                         Secretary-initiated investigation.

                                                         As foreign workers are generally reluctant
                                                         to file complaints for fear of retaliation and
                                                         losing their jobs, the Department’s process is
                                                         unlikely to result in verification action being
                                                         taken. The PERM program itself is persistently
                                                         vulnerable to employers not complying with its
                                                         qualifying criteria. Therefore, both the PERM
                                                         and H-1B programs remain prone to fraud.
                                                         With various new DOL rules going into effect
                                                         since 2003, including implementing employer
                                                         self-attestation programs, there have been
                                                         opportunities for the PERM, H-2A, and H-2B
                                                         visa programs to change. However, DOL has
                                                         identified instances in which employers are not
                                                         complying with the conditions of employment,
                                                         thereby reinforcing how susceptible these
                                                         programs are to fraud.



31 Overview and Assessment of Vulnerabilities in the Department of Labor’s Alien Labor Certification Programs,
Report No. 06-03-007-03-321 (September 30, 2003), available at:
https://www.oig.dol.gov/public/reports/oa/2003/06-03-007-03-321.pdf; also see: Overview of Vulnerabilities and
Challenges in Foreign Labor Certification Programs, Report No. 06-21-001-03-321 (November 13, 2020), available
at: https://www.oig.dol.gov/public/reports/oa/2021/06-21-001-03-321.pdf

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                             25
                                     Significant Concerns

FLC vulnerabilities have also been exploited          employer wealth. These case examples illustrate
to facilitate labor trafficking, a type of human      how criminals exploit weaknesses in the FLC
trafficking. For example, in a recent OIG             programs to commit even more serious crimes,
investigation, four individuals were sentenced as     such as forced labor and labor trafficking.
part of a federal racketeering conspiracy, which      Therefore, it is crucial that the Department do all
victimized Mexican agricultural workers admitted      it can to ensure the integrity of these programs.
to the United States under the H-2A temporary
visa program. The investigation revealed the          Improving the Performance
conspirators committed multiple offenses,             Accountability of Workforce
including subjecting H-2A workers to forced           Development Programs
labor, harboring and concealing workers, visa
fraud, and fraud in foreign labor contracting.
                                                      The OIG has concerns about the Department’s
The conspirators used coercive means to obtain        ability to ensure its investments in workforce
thousands of hours of physically demanding            development programs are successful in
agricultural labor from the victimized H-2A           enhancing participants’ skills and placing them
workers, all for lesser pay. The coercive             in good employment. The pandemic’s impact
means used included confiscating the workers’         on the workforce highlighted the importance
passports; subjecting the workers to crowded,         of these programs in assisting job seekers
unsanitary, and degrading living conditions;          and employers in finding and filling available
isolating the workers and limiting their ability to   jobs and assisting workers in developing
interact with anyone other than employees; and        the right skills to fill new job openings. The
subjecting workers to debt manipulation.              Department’s ability to obtain accurate and
                                                      reliable data to measure, assess, and make
In some instances, employers commit FLC fraud         decisions regarding the performance of grant
to engage in forced labor or labor trafficking.       recipients, contractors, and states in meeting
Engaging in the FLC process allows prospective        the programs’ goals is critical.
employers to recruit skilled, motivated, and
legally well-intentioned workers, and also entice     Our audit work from September 2020 found
them to the jobsite. This saves the employer          that, although ETA had data to determine
from paying costly human smuggling expenses           whether or not participants were employed
and limits liability associated with smuggling        after exiting grant-funded training programs,
or the harboring of undocumented workforces.          ETA lacked data to measure the impact
Once the workers are onsite, the employer can         credentials had on participants’ outcomes
control/compel labor and services by: holding         and did not ensure participants’ data was
their travel documents; threatening to revoke         accurate, valid, and reliable. Similarly, in a
their visas and “blacklisting” them in the future;    2018 audit, we found that Job Corps was
controlling how much money they possess;              unable to demonstrate the extent to which its
and limiting their access to adequate food,           training programs helped participants obtain
housing, or outside contact. Often, the goal          meaningful jobs appropriate to their training
is to use the exploited work force to increase        within 5 years of completing the program.

26                                       Semiannual Report to Congress | April 1, 2023–September 30, 2023
                                         Significant Concerns

As expressed in a March 2022 advisory report,                with federal requirements when paying $168,460
the OIG continues to be concerned about three                in services. We also questioned $6.9 million in
areas in particular where our body of work has               grant funding because the sub-recipients could
identified weaknesses: (1) awarding grants,                  not show how these funds were used.
(2) reviewing grant recipients’ use of funds,
and (3) measuring grant recipient performance.               The OIG is also concerned about the
While ETA took action to address many prior                  Department’s ability to ensure its investments
years’ findings and recommendations related                  into Registered Apprenticeships develop new
to eligibility, effectiveness, and compliance and            pathways to good-quality jobs. Congress invested
monitoring, it must also proactively monitor                 $285 million into the Registered Apprenticeship
key areas and continue to assess for these                   Program in FY 2023. However, a 2021 audit of
weaknesses to ensure they do not reoccur.                    the American Apprenticeship Initiative Grant
                                                             Program found systemic weaknesses in the
                                                             execution of the grants, planning, and awarding
                                                             processes. As such, the OIG continues to be
                                                             concerned that issues and challenges continue
                                                             to exist within this program.

                                                             Ensuring the Safety of Students and
                                                             Staff at Job Corps Centers

                                                             Ensuring the safety and health of students
                                                             and staff at Job Corps centers continues to
                                                             be a concern due to ongoing issues with
                                                             on-campus violence. In Program Year 2022,
In September 2023, we reported32 ETA needs                   Job Corps centers reported almost 1,300
to improve its oversight of grant recipients and             on-campus assaults. Job Corps centers are
sub-recipients33 in the State of New Jersey to               mostly residential, with students living on-
ensure that grant funds serve their intended                 campus. Preventing on-campus violence and
purposes. We found ETA did not ensure                        other potentially criminal behavior remains a
recipients effectively: (1) used over $100 million           challenge for Job Corps centers.
to serve the intended population; (2) enrolled
eligible individuals in the grant programs, costing          OIG audits from 2015 and 2017 found that
$96,580 in training services; and (3) complied               some Job Corps centers failed to report and



32 COVID-19: The Employment and Training Administration Needs to Improve Oversight of Grants Awarded in New
Jersey, Report No. 19-23-016-03-391 (September 28, 2023), available at:
https://www.oig.dol.gov/public/reports/oa/2023/19-23-016-03-391.pdf
33 A sub-recipient is a non-federal entity that receives a sub-award from a pass-through entity to carry out part of a
federal program. It does not include an individual who is a beneficiary of the program.

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                                    27
                                          Significant Concerns

investigate serious misconduct, such as drug                 continues to monitor various safety initiatives
abuse and assaults. The audits also determined               and actions taken by Job Corps to keep
that some Job Corps centers downgraded                       students and staff safe.
incidents of violence to lesser infractions,
creating an unsafe environment for students                  Managing Medical Benefits in the
and staff. The follow-up work we completed in                Office of Workers’ Compensation
December 2017 and our review of Job Corps’                   Programs
corrective actions showed Job Corps has taken
steps to improve center safety and security                  The OIG has concerns about the Office of
by establishing stronger internal controls and               Workers’ Compensation Programs’ (OWCP)
security measures, including the installation of             ability to effectively manage the use and cost
security cameras, perimeter fencing, and better
                                                             of pharmaceuticals in the Federal Employees’
lighting at centers. However, concerns continue.             Compensation Act (FECA) program and about
                                                             rising home health care costs in the Energy
Job Corps’ participants can range in age from                Employees Occupational Illness Compensation
16 to 27 years old.34 The significant age range              Program Act (Energy) program. The Department
poses a number of challenges. Given the                      needs to ensure the medical benefits it provides
occurrence of sexual assaults and harassment                 to FECA claimants and energy workers are safe,
on center campuses, there is an inherent risk with           effective, medically necessary, and cost effective.
having adults cohabitate with minors. The OIG is
currently performing an audit focused on whether             Our audit work in the FECA program continues
Job Corps ensured the safety of and mitigated                to identify concerns with OWCP’s management
program disruptions involving its minor students.            of pharmaceuticals. In March 2023,35 we
                                                             reported OWCP did not effectively manage
A March 2021 OIG audit report showed Job                     pharmaceutical spending in the FECA program
Corps centers lacked the appropriate tools                   from FY 2015 through FY 2020. Specifically,
and resources to properly evaluate and                       OWCP did not pay the best available prices
mitigate issues related to substance abuse                   for prescription drugs that resulted in up to
and mental health. We found that center                      $321 million in excess spending during the
personnel frequently attributed student and                  audit period. OWCP also did not effectively
staff safety concerns to mental health or                    monitor pharmaceutical policy changes to
substance abuse, or both. The use of fentanyl,               ensure implementation, which resulted in
a potentially lethal and extremely addictive                 claimants receiving thousands of inappropriate
drug, is also an emerging concern. The OIG                   prescriptions and potentially lethal drugs,



34 Individuals aged 16 through 24 years are eligible to enroll in Job Corps and, once enrolled, can be in training for
up to 3 years before finishing the program.
35 OWCP Did Not Ensure Best Prices and Allowed Inappropriate, Potentially Lethal Prescriptions in the FECA
Program, Report No. 03-23-001-04-431 (March 31, 2023), available at:
https://www.oig.dol.gov/public/reports/oa/2023/03-23-001-04-431.pdf

28                                            Semiannual Report to Congress | April 1, 2023–September 30, 2023
                                         Significant Concerns

including 1,330 prescriptions for fast-acting                implement processes that ensure competitive
fentanyl after issuing a policy that restricted              prices for prescription drugs (see Figure 3),
its use. We also found OWCP failed to timely                 improve its monitoring of pharmaceutical policy
identify and address emerging issues and did                 changes, and proactively identify emerging
not perform sufficient oversight of prescription             issues before they become critical problems.
drugs that are highly scrutinized and rarely
covered in workers’ compensation programs.                   In March 2021, consistent with our prior audit
                                                             recommendations, OWCP implemented a
To strengthen its management of FECA’s                       pharmacy benefit manager36 responsible for
pharmaceutical program, OWCP needs to                        FECA pharmaceutical transactions, including

         Figure 3: Tools to Ensure Competitive Prices for Prescription Drugs




Source: OIG graphic representation of Harper, Rains, Knight & Company, P.A. analysis


36 Pharmacy benefit managers are third-party administrators of prescription drug programs, primarily responsible
for: developing and maintaining formularies, which include an approved listing of prescriptions; negotiating discounts
and rebates with drug manufacturers; and processing and paying prescription drug claims.

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                                   29
                                   Significant Concerns

pricing for prescription drugs. In addition,        Lung Disability Trust Fund (Trust Fund) pays
OWCP is in the process of expanding                 the benefits when a miner’s former employer
pharmacy benefit manager coverage to the            does not or cannot assume liability. The OIG’s
Energy and Black Lung Benefits programs.            primary concern is that the current annual
While using a pharmacy benefit manager              income of the Trust Fund (primarily from an
may improve OWCP’s management of                    excise tax on coal) is not sufficient to cover
pharmaceuticals, it does not relieve OWCP           annual benefit obligations to meet administrative
from its management responsibilities. OWCP          costs and to service past debt.
needs to provide adequate oversight over
the pharmacy benefit manager to ensure              The Trust Fund expenditures have
the pharmaceutical benefits it provides are         consistently exceeded revenue, and the
safe, effective, medically necessary, and           Trust Fund has essentially borrowed with
economical. We plan to conduct follow-up work       interest from Treasury’s general fund almost
focusing on how effectively OWCP’s pharmacy         every year since 1979. According to DOL’s
benefit manager reduced opioid-related risks,       FY 2023 Agency Financial Report, the Trust
pharmaceutical costs, and fraud.                    Fund had to borrow approximately $2.73 billion
                                                    to cover its expenditures, which included debt
In the Energy program, with an aging claimant       and interest payments. As of September 30,
population and an increased demand for              2023, the Trust Fund was carrying close to a
home health care services, there is a risk of       $6.36 billion deficit balance, which is projected
providers exploiting these benefits through         to grow to $12.64 billion (in constant dollars) by
unethical practices. Since 2010, home and           September 30, 2048.
residential health care costs paid by the
Energy program have grown from almost               The excise tax that funds the Trust Fund
$100 million to more than $860 million,             is levied on domestic sales of coal mined
representing approximately 82 percent of            in the United States. On August 16, 2022,
total medical benefits paid by the program in       the Inflation Reduction Act of 2022 made
FY 2022. OWCP needs to continue its efforts         permanent the temporary increased excise tax
to analyze home health care billing for abusive     rates of $1.10 per ton of underground-mined
practices and to identify and refer allegations     coal and $0.55 per ton of surface-mined coal,
involving potential fraud or abuse to the OIG       with a cap of 4.4 percent of the sales price.
for further investigation.                          However, we remain concerned the permanent
                                                    tax increases are still not sufficient to ensure
Ensuring the Solvency of the Black                  solvency of the Trust Fund. The Department
Lung Disability Trust Fund                          has proposed a new rule to strengthen
                                                    security requirements for coal mine operators
Miners and their dependent survivors receive        requesting authorization to self-insure liabilities
lifetime benefits when awarded under the            that it believes would decrease the potential
Black Lung Benefits Act. Mine operators pay         burden of those liabilities on the Trust Fund
these benefits when possible, and the Black         should the operator become insolvent.


30                                     Semiannual Report to Congress | April 1, 2023–September 30, 2023
                                     Significant Concerns

Managing and Securing Data and                        ensure the Department’s IT governance
Information Systems                                   is effectively implemented. Specifically,
                                                      the Chief Information Officer’s authority is
We remain concerned about the Department’s            limited by both structural design and lack of
ability to manage and secure its data and             representation in enterprise level discussions.
information systems. The Department and its           DOL’s Chief Information Officer reports to
program agencies depend on reliable and               the Assistant Secretary for Administration
secure IT systems to perform their mission            and Management—not the Secretary or
critical functions. In carrying out their missions,   Deputy Secretary as required by law—and
the agencies obtain and create vast amounts of        the Chief Information Officer position does not
information and data, and included in these data      have sufficient authority or representation on
are the PII and personal health information of        key senior level management boards.
the public, including federal employees. The
Department moved to an IT shared services             In addition, we continue to have concerns with
model that centralized IT for approximately 70        the Department’s information security program
percent of its information systems under the          in the following areas:
Office of the Assistant Secretary for                 •   cybersecurity oversight,
Administration and Management. While we have          •   supply chain,
seen some improvements in the Department’s
IT management, we continue to have concerns           •   cloud/third-party,
with its governance structure and information         •   end user/remote security, and
security program.                                     •   emerging technology and security
                                                          requirements, such as zero trust architecture.
Fundamentally, we continue to be concerned
that DOL has not fully empowered the                  Securing the Department’s information systems
Chief Information Officer position to                 remains a concern as we continue to identify




Semiannual Report to Congress | April 1, 2023–September 30, 2023                                     31
                                        Significant Concerns

recurring deficiencies in the Department’s efforts         Ongoing Impact of Resource
to manage and implement security controls                  Limitations on the OIG’s Ability to
throughout its information security program.37             Conduct Oversight
While the Department has moved information
systems to its IT shared services model to                 We are significantly concerned about the
improve management and security of the                     ongoing impact of resource limitations on our
systems, the Department has not adequately                 ability to conduct oversight. The OIG is in the
implemented information security controls and              process of significantly reducing its workforce
technology tools required to manage and monitor            through attrition and has had to reduce our
IT security. Further, we are still concerned that          planned oversight efforts due to budgetary
the remaining systems and agencies that are                constraints. Essentially, the degree to which
not part of the IT shared services environment             we can continue our level of oversight work
are not receiving the governance and oversight             depends on the availability of resources.
required to sufficiently secure all of DOL’s data          Moreover, the statute of limitations for most
and information systems.                                   pandemic-related UI fraud will begin to expire in
                                                           early 202538 and we continue to face challenges
 These areas represent ongoing risks                       with data access, both of which are also
 to the confidentiality, integrity, and                    significant concerns previously mentioned in this
 availability of DOL’s information systems,                document that may impede oversight.
 which are necessary to support the
 Department’s mission.                                     We will continue to efficiently and effectively
                                                           use our available resources; however, at
These areas represent ongoing risks to the                 current funding levels, resource limitations have
confidentiality, integrity, and availability of DOL’s      resulted and will continue to result in a reduction
information systems, which are necessary to                of oversight in both the Offices of Audit and
support the Department’s mission. DOL needs                Investigations. For example, due to budget
to implement the necessary strategies and tools            constraints, we cancelled 10 contracted audits
to provide effective management and security               planned for FY 2023, in the areas of: dislocated
for its data and information systems as well as            worker grants (1), job training (5), worker safety
to support the execution of its mission.                   (1), and UI (3). These cancellations will result
                                                           in fewer recommendations for improvement of
                                                           Department programs and operations. Further,


37 Under the Federal Information Security Modernization Act of 2014, the OIG is required to perform annual
independent evaluations of the Department’s information security program and practices. These annual reports
have consistently identified such deficiencies. For the most recent, see: FY 2022 FISMA DOL Information
Security Report: DOL’s Information Security Program Not Remaining Current with Security Requirements,
Report No. 23-23-001-07-725 (February 10, 2023), available at:
https://www.oig.dol.gov/public/reports/oa/2023/23-23-001-07-725.pdf.
38 For most crimes of fraud committed against the UI program, an indictment must be returned by a grand jury or
information must be instituted within 5 years of the offense being committed.

32                                          Semiannual Report to Congress | April 1, 2023–September 30, 2023
                                     Significant Concerns

the OIG will not have the investigative capacity      While we have efficiently deployed our
to review the approximately 166,000 open UI           available resources to produce impactful
fraud complaints and to conduct investigations        results and will continue to do so, there
of each instance of suspected fraud before the        is much more to do. For example, our
statute of limitations expires.                       investigators continue to work tirelessly to
                                                      seek recoveries from and indictments for
The immense challenges we continue to face            those responsible for pandemic-related fraud.
have not stopped OIG auditors or investigators        Even though the COVID-19 public health
from producing impactful oversight. As of             emergency has ended, the OIG continues its
September 30, 2023,39 our pandemic response           work focused on assisting DOL to recover from
oversight has identified more than $74 billion in     this unprecedented emergency and to prepare
funds for better use and investigative monetary       for any future emergencies.
results of over $1 billion (see Table 1).


     Table 1: DOL OIG’s Cumulative Pandemic-Related Results, as of September 30, 2023


                  Results                                                      2023

                  Audit Reports                                                   47

                  Recommendations                                                136

                  Funds Identified for Better Use                        $74 billion+

                  Questioned Costs                                     $277 million+

                  Indictments/Initial Charges                                  1,552

                  Convictions                                                    957

                  Months of Incarceration Ordered                           19,000+

                  Investigative Monetary Results                          $1 billion+




39 Pandemic Response Oversight Plan, Revised June 30, 2023, available at:
https://www.oig.dol.gov/public/oaprojects/2023%20Revised%20Pandemic%20Response%20Oversight%20Plan.pdf

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                   33
Worker and Retiree
Benefit Programs
                            Worker and Retiree Benefit Programs


               Unemployment Insurance Programs
     Enacted more than 80 years ago as a federal-state partnership, the unemployment insurance
     program is the Department’s largest income-maintenance program. This multi-billion-dollar program
     provides unemployment benefits to eligible workers who become unemployed through no fault of
     their own. The program is generally administered by states with oversight from DOL’s Employment
     and Training Administration.


            OIG OVERSIGHT OF THE                          meet eligibility requirements. It is equally
                 UI PROGRAM                               important that the program has sufficient
                                                          controls in place to quickly determine that
                    Background                            benefits are or were paid to the right person in
                                                          the correct amount. Each SWA:
The OIG has remained committed to meeting                 •   administers a separate UI program under
the challenges created by the COVID-19                        its jurisdiction’s laws, but follows uniform
pandemic and to assisting DOL and Congress                    guidelines established by federal law;
in improving the efficiency and integrity of the
                                                          •   establishes requirements for eligibility,
UI program. Strengthening the UI program to
                                                              benefit amounts, and the length of time that
prevent fraud before it occurs and to detect it
                                                              benefits can be paid; and
when it does are key objectives to ensure that
unemployed workers expeditiously receive                  •   manages the personnel and system resources
much needed benefits while safeguarding tax                   to administer its respective programs.
dollars directed toward that goal. Recovering
improper payments creates challenges for all              In normal circumstances, UI benefits are
involved. Strengthening programs to prevent               generally funded by state employer taxes with
improper payments in the first place is critical          administrative costs funded by the federal
for program integrity and good stewardship of             government. Extensions and expansions of
taxpayer funding.                                         coverage and benefits, such as those provided
                                                          by the CARES Act and subsequent legislation,
                                                          are also normally funded in whole or in part by
          Overview of the UI Program
                                                          the federal government.
A joint federal-state program, UI is the first
                                                          ETA is the federal agency responsible for
economic line of defense against the collective
                                                          providing program direction and oversight.
impact of unemployment and acts as a safety-net
                                                          The OIG conducts independent oversight of
for individuals who lose their jobs through no
                                                          the UI program through audits to strengthen
fault of their own. The UI program requires
                                                          the integrity and efficiency of the program
states to make benefit payments in a timely
                                                          and through criminal investigations to detect
manner, providing needed assistance to
                                                          and deter large-scale fraud. The OIG’s
unemployed workers while ensuring claimants

36                                           Semiannual Report to Congress | April 1, 2023–September 30, 2023
                          Worker and Retiree Benefit Programs

federal criminal investigations are time- and            workers both under current conditions and in
resource-intensive and one of the last lines             the face of the next emergency.
of defense in safeguarding the UI program
from fraud.                                              Our April 2020 advisory report40 outlined areas
                                                         of concern the Department and the states
OIG Historical Concerns regarding the                    should consider as they implemented the
             UI Program                                  CARES Act UI programs. Our identification of
                                                         these areas represents years of work relating
The OIG has long reported significant concerns           to DOL’s UI program, including the response
with the Department and states’ ability to               to past disasters. One of these areas was
deploy UI program benefits expeditiously                 state preparedness, specifically, the issues of
and efficiently while ensuring integrity                 staffing and system capabilities. Our audit work
and adequate oversight. We renewed this                  has confirmed these issues persisted into the
concern in March 2020 at the onset of the                pandemic.41 For example, many states had not
COVID-19 pandemic as UI claims began to                  developed or implemented UI IT modernization
rise to historically unprecedented levels—far            plans that improved the timeliness or accuracy
higher than state systems were designed to               of UI benefits processing.42 Ensuring states
handle. In the more than 3 years since, our              have these plans in place—and are actively
concern has grown as workers waited for UI               pursuing implementation—would be a strong
benefits, improper payments soared, and our              step toward improving the administration of
audit and investigative work found program               benefits, particularly during a future crisis.
weaknesses and related criminal activity has
persisted throughout and after the federal               Deploying Benefits Expeditiously
emergency. We remain particularly concerned              and Efficiently
about deployment of UI benefits in response
to emergencies, including natural disasters              Rapid deployment of CARES Act funding was
and economic downturns. Unless more is                   critical in helping workers in need. Staff at ETA
done now at the federal and state level to               and states struggled during the COVID-19
increase systemic integrity in the UI program,           pandemic as SWAs worked to ensure timely
the program’s weaknesses will continue to                and accurate UI benefits in a time of national
negatively impact American taxpayers and                 emergency. Anticipating and addressing the


40 Advisory Report, CARES Act: Initial Areas of Concern Regarding Implementation of Unemployment Insurance
Provisions, Report No. 19-20-001-03-315 (April 21, 2020), available at:
https://www.oig.dol.gov/public/reports/oa/2020/19-20-001-03-315.pdf
41 COVID-19: States Struggled to Implement CARES Act Unemployment Insurance Programs,
Report No. 19-21-004-03-315 (May 28, 2021), available at:
https://www.oig.dol.gov/public/reports/oa/2021/19-21-004-03-315.pdf
42 COVID-19: Audit of State Workforce Agencies’ Information Technology Systems Capability in Processing
Unemployment Insurance Claims, Report No. 19-23-008-03-315 (September 19, 2023), available at:
https://www.oig.dol.gov/public/reports/oa/2023/19-23-008-03-315.pdf

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                             37
                          Worker and Retiree Benefit Programs

increased risk that came with the expanded                To implement the new UI programs authorized
funding was also vital to meeting the intent              by the CARES Act, states needed sufficient
of the CARES Act. As the OIG’s prior audit                staffing and system resources to manage the
work has shown, quickly deploying funds can               extraordinary increases in the number of claims.
result in shortcomings in the effective and               Our pandemic audit work has confirmed that
efficient implementation of stimulus programs.            ETA and states continued to face challenges in
For example, a 2011 audit report43 found                  these areas as they endeavored to implement
states took over a year to spend most of the              the new temporary UI programs, including PUA,
American Reinvestment and Recovery Act                    PEUC, and FPUC.
of 2009 (Recovery Act) funding available for
emergency staffing and at least 40 percent of             Our subsequent reports found continuing
funding for this purpose was unspent after                programmatic weaknesses led to certain
15 months.                                                workers, unemployed through no fault of their
                                                          own, suffering lengthy delays in receiving
In addition, a separate audit on the Recovery             benefits. For example, states without
Act44 found $1.3 billion of the $7 billion DOL            modernized IT systems faced difficulty in
provided to states for UI modernization,                  promptly implementing the CARES Act
including IT modernization, would likely not              programs.45 Further, for the PEUC program,
have been spent before the period of availability         we identified that it took 49 states, on average,
expired. To access these funds, states had                50 days to implement the program.46 However,
to meet certain modernization criteria; once              states with modernized IT were able to
accessed, the funds could be spent for several            implement the PEUC program 15 days faster.
purposes including to modernize IT systems.               Similarly, modernized states implemented the
Of the funds spent from the $7 billion, states did        PUA program 8 days faster.
not always take advantage of the opportunity to
modernize their IT systems.                               Also, from April 1, 2020, to March 31, 2021,
                                                          only 5 of the 53 SWAs were able to timely pay




43 Recovery Act: DOL Could Have Better Monitored the Use of Re-employment Services Funds to Adhere to
Standards for Transparency and Accountability, Report No. 18-11-005-03-315 (March 31, 2011), available at:
https://www.oig.dol.gov/public/reports/oa/2011/18-11-005-03-315.pdf
44 Recovery Act: More Than $1.3 Billion in Unemployment Insurance Modernization Incentive Payments Are
Unlikely to Be Claimed by States, Report No. 18-10-012-03-315 (September 30, 2010), available at:
https://www.oig.dol.gov/public/reports/oa/2010/18-10-012-03-315.pdf
45 COVID-19: States Struggled to Implement CARES Act Unemployment Insurance Programs,
Report No. 19-21-004-03-315 (May 28, 2021), available at:
https://www.oig.dol.gov/public/reports/oa/2021/19-21-004-03-315.pdf
46 Also, the 12 states we selected for in-depth analysis were generally unable to demonstrate they met the
payment promptness standard ETA established for regular UI payments, which is to pay 87 percent of claimants
within 14 to 21 days.

38                                          Semiannual Report to Congress | April 1, 2023–September 30, 2023
                            Worker and Retiree Benefit Programs

benefits, including the FPUC supplement, to                  Specifically, to combat imposter claims, 		
regular UI claimants.47 As a result, during the              45 percent of states hired identity verification
year following passage of the CARES Act, more                service contractors that used facial recognition
than six million Americans waited a month or                 technology. In 2019, the National Institute of
more for pandemic-related UI benefits. Further,              Standards and Technology’s49 Information
states are still challenged in paying claimants              Technology Laboratory reported 50 it found
timely. In August 2023, only 34 percent of states            empirical evidence that the algorithms51 used
were paying regular UI claimants timely versus               in current facial recognition technology have
75 percent before the pandemic started.48                    a racial and gender bias. Furthermore, 15 of
                                                             24 (63 percent) state contracts did not include
 Only 34 percent of states paid regular UI                   privacy security measures recommended to
 claimants timely versus 75 percent before                   protect UI claimants’ biometric data.52
 the pandemic started.
                                                             Further, we issued audit reports that advised
Additionally, we identified that states may have             ETA to establish methods to detect and
inadvertently applied a racial or gender bias                recover improper payments, including fraud,
when providing benefits to claimants and did                 and reported on the PUA program, which
not provide adequate protections for claimants’              posed a significant risk to the UI system.
personal data. Facial recognition can serve                  PUA’s expanded coverage, for a population
as an effective tool in preventing fraudulent                of claimants who were traditionally ineligible
payments. However, ETA and states need                       to receive UI benefits,53 presented significant
to implement proper oversight mechanisms.                    challenges to states. Further, we found the risk



47 COVID-19: ETA and States Did Not Protect Pandemic-Related UI Funds from Improper Payments including Fraud
or from Payment Delays, Report No. 19-22-006-03-315 (September 30, 2022), available at:
https://www.oig.dol.gov/public/reports/oa/2022/19-22-006-03-315.pdf
48 Based on OIG analysis of data on ETA’s public reporting on States’ UI Benefit Timeliness and Quality, available
at: https://oui.doleta.gov/unemploy/btq.asp
49 Founded in 1901, the National Institute of Standards and Technology is a physical sciences laboratory and non
regulatory agency under the U.S. Department of Commerce.
50 National Institute of Standards and Technology, “National Institute of Standards and Technology Study Evaluates
Effects of Race, Age, Sex on Face Recognition Software” (December 19, 2019), available at:
https://www.nist.gov/news-events/news/2019/12/nist-study-evaluates-effects-race-age-sex-face-recognition-software
51 An algorithm can be defined as a set of mathematical instructions or rules that, especially if given to a computer,
will help to calculate an answer to a problem.
52 Alert Memorandum: ETA and States Need to Ensure the Use of Identity Verification Service Contractors Results
in Equitable Access to UI Benefits and Secure Biometric Data, Report No. 19-23-005-03-315 (March 31, 2023),
available at: https://www.oig.dol.gov/public/reports/oa/2023/19-23-005-03-315.pdf
53 The new PUA program extended unemployment benefits to the self-employed, independent contractors, those
with limited work history, and other individuals not traditionally eligible for unemployment benefits who were unable
to work as a direct result of COVID-19.

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                                    39
                            Worker and Retiree Benefit Programs

of improper payments including fraud was even                History of Improper Payments,
higher under PUA because claimants could                     including Fraud
selfcertify their eligibility for benefits.
                                                             For over 20 years, the OIG has reported on
Moreover, in an effort to expeditiously and                  weaknesses in the Department’s ability to
efficiently provide UI benefits, states improperly           measure, report, and reduce improper payments
paid billions of dollars. In May 2021, ETA                   in the UI program, which has experienced
provided guidance to states on the waiving of                some of the highest improper payment rates
recovery of overpayments when the claimant                   across the federal government. The reported
was without fault and if the repayment would                 improper payment rate estimate for the regular
be contrary to equity and good conscience as                 UI program has been above 10 percent54 for
allowable by the CARES Act. This guidance                    16 of the last 19 years.55
also outlined limited circumstances when the
states could use blanket waivers in lieu of                  The UI program requires states to make benefit
recovering overpayments.                                     payments while ensuring claimants meet
                                                             eligibility requirements. A state may determine
 As of September 30, 2023, states reported                   a payment is improper after a claimant receives
 waiving recovery of more than $4.8 billion                  benefits based on new information that was
 in overpayments for the three key CARES                     unavailable when the benefit payment was
 Act programs: PUA, FPUC, and PEUC.                          approved or as a result of the requirement that
                                                             claimants be provided with due process prior to
In Spring 2023, we started assessing the                     stopping payment of benefits.
effects of waivers and blanket waivers on the
recovery of UI overpayments, including fraud.                Improper payments have largely resulted
While DOL provided guidance correctly stating                from a combination of four primary causes.
recovery of fraudulent payments may not be                   First, some claimants fail to demonstrate
waived, we remain concerned that states                      that they meet their states’ requirements
may have unintentionally waived or will waive                for searching for new jobs (work search).56
fraudulent payments. As of September 30, 2023,               Second, some claimants continue to claim UI
states reported waiving recovery of more than                benefits after returning to work or misreport
$4.8 billion in overpayments for the three key               earnings (benefit year earnings). Third, some
CARES Act programs: PUA, FPUC, and PEUC.


54 To fully comply with the Payment Integrity Information Act of 2019, agencies must report an improper payment
rate of less than 10 percent for each program and activity for which an estimate was published.
55 UI improper payments data for FY 2004 through FY 2022 as reported to the Office of Management and Budget.
56 The Middle Class Tax Relief and Job Creation Act of 2012 requires that individuals receiving UI benefits must be
able to work, available to work, and actively seeking work, as a condition of eligibility for regular compensation for
any week. Accordingly, states generally require that unemployed workers demonstrate they were actively seeking
work. Work search overpayments occur when states pay UI claimants who do not comply with a state’s required
work search activities.

40                                            Semiannual Report to Congress | April 1, 2023–September 30, 2023
                           Worker and Retiree Benefit Programs

employers, or their third-party administrators,             In congressional testimony in February 2023,60
fail to provide prompt and adequate                         we noted that more than $888 billion in total
information about why individuals left their                federal and state UI benefits were paid for
employment (employee separation). Finally,                  benefit weeks during the UI pandemic period.61
some improper payments have been caused                     Applying the estimated 21.52 percent improper
by fraud, such as those arising from schemes                payment rate to the approximate $888 billion
perpetrated during the pandemic.57                          in pandemic UI expenditures, at least $191 billion
                                                            in pandemic UI payments could have been
Our recommendations have specifically included              improperly paid, with a significant portion
the need for the Department to estimate                     attributable to fraud.
improper payments within federally funded
temporary emergency programs. In August
2020, we recommended58 ETA estimate the
improper payment rate for pandemic-related UI
programs. In December 2021, consistent with
our recommendation, ETA reported an improper
payment rate of 18.71 percent that it applied
to two of the three key pandemic UI programs,
PEUC and FPUC. Additionally, in December
2022, ETA reported an improper payment rate
estimate of 21.52 percent, which it also applied
to PEUC and FPUC.59




57 ETA has included fraud as an element of the leading causes rather than as a separate cause. From July 2016
to March 2020, the other three causes resulted in over $9 billion in improper payments. Of this total, more than
$3 billion was attributable to fraud. Since the pandemic started, fraud has significantly increased.
58 COVID-19: More Can Be Done to Mitigate Risk to Unemployment Compensation under the CARES Act, Report No.
19-20-008-03-315 (August 7, 2020), available at: https://www.oig.dol.gov/public/reports/oa/2020/19-20-008-03-315.pdf
59 In FY 2021, the Department found the PUA, PEUC, and FPUC programs to be susceptible to significant improper
payments. The Payment Integrity Information Act of 2019 and its implementing guidance in Appendix C to OMB
Circular A-123, Requirements for Payment Integrity Improvement, requires the Department to produce an improper
payment and unknown payment rate in the FY following the FY in which the risk assessment determination was
made. ETA’s reported improper payment rate estimate of 21.52 percent does not include the PUA program.
60 “The Greatest Theft of American Tax Dollars: Unchecked Unemployment Fraud,” Hearing, Statement for the
Record of Larry D. Turner, Inspector General, U.S. Department of Labor; House Committee on Ways and Means
(February 8, 2023), available at: https://www.oig.dol.gov/public/testimony/02082023.pdf
61 With the exception of PUA, for which claims could be backdated to January 27, 2020, we define the UI pandemic
period as March 27, 2020, through September 6, 2021. We also note that, according to ETA, it cannot provide final
total costs of the programs because states are still processing claims that were for weeks of unemployment prior to
expiration of the programs.

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                                   41
                           Worker and Retiree Benefit Programs

The potential loss of $191 billion of taxpayer              cannot be used to estimate the PUA 		
money highlights the urgent need for systemic               fraud rate.
improvements. For perspective, $191 billion
could have provided more than $3.5 billion                  In the last 2 years, ETA estimated fraud rates
to each SWA toward ensuring preparedness                    of 8.57 percent and 7.73 percent, respectively.63
for emergencies, including modernizing UI                   Notably, neither of these rates included PUA.
IT systems, enhancing staffing levels, and                  The fraud rate—which is a subset of the
formulating robust contingency plans. To recover            improper payment rate—for pandemic-related
the improperly paid benefits and mitigate the               UI programs was likely higher than the fraud
impact of these losses, collaboration between               rate for regular UI programs. In fact, in the first
ETA and the states is vital. These issues have              6 months after the CARES Act passed, we
persisted after the pandemic; the OIG is seeing,            found 4 states paid $1 out of every $5 in PUA
and ETA and states are still reporting, elevated            benefits to likely fraudsters. In 2023, GAO
levels of improper payments in the UI program.              estimated the pandemic-related fraud rate,
                                                            including PUA, was 11 to 15 percent for the
Also, based on audit and investigative work,                period April 2020 to May 2023, and estimated
the improper payment rate for pandemic-related              up to $135 billion was lost to fraud.64
UI programs was likely higher than 21.52 percent.
For example, ETA’s previously reported                      We continue to review and evaluate improper
improper payment rate estimates have not                    payment rate estimates.65 Estimating the
included the PUA program. In August 2023,                   improper payment rate for all emergency UI
the Department reported that the PUA                        programs is critical for the efficient operation
program had a total improper payment rate                   of the program. ETA and the states, under
of 35.9 percent.62 According to ETA officials,              their program operating responsibilities, must
the small-scale review used to calculate the                determine the improper payment rate, including
improper payment rate estimate for PUA                      the fraud rate, for pandemic UI programs.


62 This breakdown includes an overpayment rate of 17 percent, an underpayment rate of 1.5 percent, and a
17.4 percent rate for benefits whose classification—whether valid, overpaid, or underpaid—could not be determined.
This information was reported in ETA’s report, “Pandemic Unemployment Assistance Improper Payment Rate
Report” (August 21, 2023), last accessed October 13, 2023, available at:
https://oui.doleta.gov/unemploy/improp_pay.asp#.
63 ETA estimated the fraud rate as part of their Benefit Accuracy Measurement system reporting for the
program years July 1, 2020, through June 30, 2021, and July 1, 2021, through June 30, 2022. The Benefit
Accuracy Measurement system is designed to determine the accuracy of paid and denied claims in three major
UI programs: regular State UI, Unemployment Compensation for Federal Employees, and Unemployment
Compensation for Ex Servicemembers.
64 GAO, Unemployment Insurance: Estimated Amount of Fraud during Pandemic Likely between $100 Billion and
$135 Billion, GAO-23-106696 (September 2023), available at: https://www.gao.gov/assets/gao-23-106696.pdf
65 At the time of the publication of this semiannual report, the OIG has not audited the reported PUA improper
payment rate. The OIG will assess that rate’s compliance with the Payment Integrity Information Act of 2019 for
Fiscal Year 2023. That audit report will be available in Summer 2024.

42                                           Semiannual Report to Congress | April 1, 2023–September 30, 2023
                           Worker and Retiree Benefit Programs

                A Perfect Storm                            provided additional weeks of unemployment
                                                           compensation. Also, certain UI claims could
Following the start of the pandemic in the                 be backdated to the beginning of the eligibility
United States in early 2020, unemployment                  period. With the legislative extensions, claimants
compensation claims rose exponentially to                  could receive up to 79 weeks of pandemic-related
historically unprecedented levels. Prior to the            UI payments.
pandemic, numbers of UI claims were historically
low. On March 14, 2020, the Department                     In June 2020, the Inspector General provided
reported 282,000 initial unemployment claims.              a member briefing68 and a statement for the
Within 2 to 3 weeks, initial claims rose to                record69 to Congress highlighting challenges
10 times pre-pandemic levels, far higher than              DOL and states faced in administering and
state systems were designed to handle.66                   overseeing the UI program as well as the
Within 5 months, through August 15, 2020, the              substantially increased fraud risk. The expanded
Department reported more than 57 million initial           coverage offered under the PUA program
claims, the largest increase since the Department          posed significant challenges to states as they
began tracking UI data in 1967.                            implemented processes to determine initial and
                                                           continued program eligibility for participants.
The CARES Act provided significant funding                 The CARES Act initially allowed reliance
to the UI program, which resulted in hundreds              solely on claimant self-certifications without
of billions of dollars in additional payments.             documentation substantiating the individual’s
New UI programs under the CARES Act meant                  prior employment or self-employment. This
more workers qualified.67 Further, unemployed              initial reliance during PUA’s first 9 months
workers received a supplemental payment                    rendered the program particularly susceptible
for certain weeks in addition to their regular             to improper payments, including fraud. In
benefit amount and individuals who exhausted               March 2022 before the U.S. Senate Committee
their regular unemployment benefits were                   on Homeland Security and Governmental




66 COVID-19: States Struggled to Implement CARES Act Unemployment Insurance Programs, Report No.
19-21-004-03-315 (May 28, 2021), available at: https://www.oig.dol.gov/public/reports/oa/2021/19-21-004-03-315.pdf
67 The PUA program covered workers not typically covered by UI who could self-certify that they were able to and
available for work but unemployed due to COVID-19-related reasons.
68 “Subcommittee on Government Operations Briefing with the Inspector General for the Department of Labor,”
Member Briefing, Opening Statement of Scott S. Dahl, Inspector General, U.S. Department of Labor; House
Committee on Oversight and Reform; Subcommittee on Government Operations (June 1, 2020), available at:
https://www.oig.dol.gov/public/testimony/20200601.pdf
69 “Unemployment Insurance during COVID-19: The CARES Act and the Role of Unemployment Insurance During
the Pandemic,” Hearing, Statement for the Record of Scott S. Dahl, Inspector General, U.S. Department of Labor;
Senate Committee on Finance (June 9, 2020), available at: https://www.oig.dol.gov/public/testimony/20200609.pdf

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                               43
                           Worker and Retiree Benefit Programs

Affairs,70 in February 2023 before the                     was filed from a 3-bedroom house shared the
U.S. House Committee on Ways and Means71                   same physical address as 90 other claims and
and in March 2023 before the U.S. House                    used the same email address as 145 other
Committee on Oversight and Accountability,72               claims.73 In total, the likely fraudster(s) received
the Inspector General provided oral and written            more than $1.5 million in unemployment
testimony that spoke to the continuation of many           benefits. In the same audit, we found that, from
of these concerns and challenges.                          March 28, 2020, to September 30, 2020, in
                                                           4 states, potentially fraudulent claims were paid
During his March 2022 and March 2023                       more than 60 percent of the time.
congressional testimonies, Inspector General
Larry D. Turner reported that the unprecedented            As previously mentioned, PUA had control
infusion of federal funds into the UI program              weaknesses that may have facilitated
combined with continuing program weaknesses                comparable or greater improper payments.
and easily attainable stolen PII provided a                During the program’s first 9 months, PUA
high-value target for fraudsters to exploit. Because       claimants did not have to provide evidence
some states were not prepared to process the               of earnings and states relied on claimant
extraordinary volume of new UI claims and                  self-certifications of eligibility. We found the
struggled to implement the new programs, some              inclusion of self-certification allowed states to
controls were not initially implemented.                   streamline the payment process and deliver
                                                           assistance to those in need. However, it also
For example, an individual could make a                    rendered the program particularly susceptible to
fraudulent claim with relatively low risk of being         improper payments, including fraud.
caught and, as time went on, one fraudster
could have been issued several UI debit cards,             Subsequent to our work identifying the fraud
with tens of thousands of dollars on each card.            risks, Congress took action under the Continued
In fact, in a later audit, we found 1 claim that           Assistance for Unemployed Workers Act of



70 “Pandemic Response and Accountability: Reducing Fraud and Expanding Access to COVID-19 Relief through
Effective Oversight,” Hearing, Statement for the Record of Larry D. Turner, Inspector General, U.S. Department of
Labor; Senate Committee on Homeland Security and Governmental Affairs (March 17, 2022), available at:
 https://www.oig.dol.gov/public/testimony/20220317.pdf
71 “The Greatest Theft of American Tax Dollars: Unchecked Unemployment Fraud,” Hearing, Statement for the
Record of Larry D. Turner, Inspector General, U.S. Department of Labor; House Committee on Ways and Means
(February 8, 2023), available at: https://www.oig.dol.gov/public/testimony/02082023.pdf
72 “Waste, Fraud, and Abuse Go Viral: Inspectors General on Curing the Disease,” Hearing, Statement for the
Record of Larry D. Turner, Inspector General, U.S. Department of Labor; House Committee on Oversight and
Accountability, Subcommittee on Government Operations and the Federal Workforce (March 9, 2023), available at:
https://www.oig.dol.gov/public/testimony/03092023.pdf
73 COVID-19: ETA and States Did Not Protect Pandemic-Related UI Funds from Improper Payments including Fraud
or from Payment Delays, Report No. 19-22-006-03-315 (September 30, 2022), available at:
https://www.oig.dol.gov/public/reports/oa/2022/19-22-006-03-315.pdf

44                                           Semiannual Report to Congress | April 1, 2023–September 30, 2023
                          Worker and Retiree Benefit Programs

                                                        some states with the PUA forms that claimants
                                                        used to certify their continuing eligibility for
                                                        UI benefits. ETA notified one state in June
                                                        2020 that its form did not include the required
                                                        questions confirming that claimants are able and
                                                        available to work. However, by then, that state
                                                        had paid more than $4 billion in PUA benefits,
                                                        including FPUC. Similarly, in July 2020, ETA
                                                        notified another state that its PUA monetary
                                                        determination form did not have a procedure in
                                                        place for re-determining the claimant’s weekly
                                                        benefit if the claimant did not provide proof of
                                                        earnings or provided insufficient proof. That state
    Over 70 debit and credit cards seized during a      responded that the problem would be addressed
    search warrant. The subject had applied for the     by the end of August 2020. However, by the
  cards in other people’s names and at least 20 were    end of August, that state had paid more than
     UI debit cards. The investigation involved over    $25 billion in PUA benefits, including FPUC.
     $500,000 in fraudulent unemployment claims.

                                                        When the OIG identifies anti-fraud measures
2020 to require supporting documentation from
                                                        that may help the program, we share them with
claimants to improve states’ abilities to ensure
                                                        the Department and SWAs as appropriate.
proper claimant eligibility and to mitigate fraud.
                                                        For example, we have published four alert
However, a significant amount of UI benefits had
                                                        memoranda74 on specific high-risk areas. As of
already been paid to likely fraudsters.
                                                        September 2023, our investigators, auditors,
                                                        and data scientists have collaboratively
For instance, despite ETA providing states
                                                        identified $46.9 billion in potentially fraudulent
guidance on areas of improper payments as
                                                        UI benefits paid from March 2020 to April 2022
early as May 2020, control issues occurred in


74 (1) Alert Memorandum: The Employment and Training Administration (ETA) Needs to Ensure State Workforce
Agencies (SWA) Implement Effective Unemployment Insurance Program Fraud Controls for High Risk Areas,
Report No. 19-21-002-03-315 (February 22, 2021), available at:
https://www.oig.dol.gov/public/reports/oa/2021/19-21-002-03-315.pdf;
(2) Alert Memorandum: The Employment and Training Administration Needs to Issue Guidance to Ensure State
Workforce Agencies Provide Requested Unemployment Insurance Data to the Office of Inspector General,
Report No. 19-21-005-03-315 (June 16, 2021), available at:
https://www.oig.dol.gov/public/reports/oa/2021/19-21-005-03-315.pdf;
(3) Alert Memorandum: Potentially Fraudulent Unemployment Insurance Payments in High-Risk Areas Increased to
$45.6 Billion, Report No. 19-22-005-03-315 (September 21, 2022), available at:
https://www.oig.dol.gov/public/reports/oa/2022/19-22-005-03-315.pdf; and
(4) Alert Memorandum: ETA Needs to Incorporate Data Analytics Capability to Improve Oversight of the
Unemployment Insurance Program, Report No. 19-23-012-03-315 (September 25, 2023), available at:
https://www.oig.dol.gov/public/reports/oa/2023/19-23-012-03-315.pdf

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                          45
                            Worker and Retiree Benefit Programs

in the now six specific high-risk areas,75 to                  and are working to share data supporting the
individuals with Social Security numbers:                      additional high-risk areas. We recommended
                                                               states establish effective controls to mitigate
1. filed in multiple states,                                   fraud and other improper payments to ineligible
2. of federal prisoners,                                       claimants and are examining whether states
                                                               took effective measures to address the initial
3. used to file for UI claims with suspicious
                                                               four high-risk areas.
   email accounts,
4. of deceased persons,
                                                                   OIG Pandemic Investigative Work
5. belonging to individuals under 14 years of
   age, and                                                    The volume of UI investigative matters is
6. belonging to individuals 100 years of age or                unprecedented in the OIG’s history. Prior to
   older (see Table 2).                                        the pandemic, the OIG opened approximately
                                                               100 UI investigative matters annually. Since
For the first four high-risk areas, we have                    April 1, 2020, the OIG has opened over
shared our methodology and underlying data                     205,000 investigative matters involving the
with DOL for further dissemination to the SWAs                 UI program, of which approximately 166,000

               Table 2: Potential Fraud in Six High-Risk Areas, March 2020‒April 2022

  High-Risk Area                     Total Number of Claimants*                  Total Potential Fraud Identified

  Multistate Claimants                                       2,011,191                          $28,967,047,154

  Deceased Persons                                             205,494                             $139,483,136

  Federal Prisoners**                                           46,985                             $267,382,013

  Suspicious Emails                                          2,281,136                          $16,265,578,304

  Under Age 14                                                  45,594                           $1,225,663,851

  Age 100 or Older                                                4,895                             $66,541,872

  Totals***                                                  4,595,295                          $46,931,696,330
*Claimants can represent more than one claim.
**Federal prisoner data was only available for analysis for the period March 2020 through October 2020.
***Totals do not include duplicates that were identified in one or more areas.
Source: OIG analysis of data from SWAs, DOJ, Federal Bureau of Prisons, and the U.S. Social Security Administration.


75 Previously, we have reported on four high-risk areas; we added two areas: individuals with Social Security
numbers belonging to persons under 14 and over 100 years of age.

46                                             Semiannual Report to Congress | April 1, 2023–September 30, 2023
                            Worker and Retiree Benefit Programs

are still under review. That is a thousandfold                •   established a multi-disciplinary Pandemic
increase in the volume of UI work. UI                             Rapid Response Team within the OIG;
investigations now account for approximately                  •   appointed a National UI Fraud Coordinator to
97 percent of the OIG investigative case                          manage our national investigative response
inventory, compared to approximately 11 percent                   to UI fraud;
prior to the pandemic.
                                                              •   appointed seven Regional UI Fraud
                                                                  Coordinators to partner with SWAs and
    In response to the extraordinary
                                                                  federal, state, and local law enforcement
    increase in oversight demands, the OIG:
                                                                  on UI fraud matters in their geographic
    hired additional criminal investigators,
                                                                  areas of responsibility;
    increased the caseload of investigators
    already onboard, deployed staff to review                 •   leveraged resources from the Council of the
    DOL and SWAs’ efforts, and strengthened                       Inspectors General on Integrity and Efficiency,
    our data analytics program.                                   Pandemic Response Accountability
                                                                  Committee (PRAC);
In response to the extraordinary increase in                  •   collaborated with state auditors to help
oversight demands, the OIG: hired additional                      develop their audit strategies for the CARES
criminal investigators, increased the caseload                    Act UI programs;
of investigators already onboard, deployed
                                                              •   joined the DOJ COVID-19 Fraud Enforcement
staff to review DOL and SWAs’ efforts, and
                                                                  Task Force;77
strengthened our data analytics program.
In addition, we took several other actions to                 •   implemented an extensive outreach and
augment our efforts, including the following:                     education program targeted to SWAs, the
                                                                  Department, financial institutions and their
•    initiated the development of a National UI
                                                                  associations, law enforcement agencies, and
     Fraud Task Force,76 alongside DOJ;
                                                                  the public. The program raised awareness
•    collaborated with DOJ on the strategic                       about fraud trends, best practices, red flags,
     assignment of 12 term-appointed Assistant                    and more;78
     United States Attorneys assigned solely to
     prosecute UI fraud;




76 More information on the National UI Fraud Task Force is available at:
https://www.justice.gov/coronavirus/national-unemployment-insurance-fraud-task-force.
77 DOJ Office of Public Affairs, “Attorney General Announces Task Force to Combat COVID-19 Fraud,” press release
(May 17, 2021), available at: https://www.justice.gov/opa/pr/attorney-general-announces-task-force-combat-covid-19-fraud
78 For example, the OIG has issued or assisted in issuing the following alerts: UI fraud consumer protection guide,
UI fraud investigations guide, UI fraud alert for state/local law enforcement, UI text message phishing alert, UI fraud
and phishing alert, UI fraud and identity theft alert, and UI detection and mitigation alert for financial institutions.
These are available at: https://www.oig.dol.gov/OIG_Pandemic_Response_Portal.htm.

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                                      47
                            Worker and Retiree Benefit Programs

•    joined DOJ’s Pandemic Fraud Strike Force                 950 convictions; 19,000 months of incarceration;
     Teams initiative;79 and                                  and over $1 billion in investigative monetary
•    engaged with foreign law enforcement                     results. We have also referred over 45,000 fraud
     partners and agencies to raise awareness of              matters that do not meet federal prosecution
     American pandemic-related UI fraud issues                guidelines back to the states for further action.
     and establish ongoing collaboration.
                                                              In one recent investigation, the primary defendant
As the primary federal law enforcement                        in the case, a former federal employee, was
agency responsible for providing oversight                    sentenced to 192 months of federal incarceration
of the UI program, the OIG has vigorously                     for her role in a mail/wire fraud conspiracy, plus
pursued pandemic-related UI fraud. In fact, in                an additional 24 months of incarceration for
September 2022, the OIG announced80 that its                  aggravated identity theft. The defendant was
investigations have resulted in more than 1,000               convicted for her role in a conspiracy to defraud
individuals being charged with crimes involving               at least 5 SWAs of more than $3.5 million in
UI fraud since March 2020. Since then, that                   pandemic-related UI benefits. To obtain these UI
number has risen.81                                           benefits, the defendant and others filed false and
                                                              misleading applications in the names of identity
    As the primary federal law enforcement                    theft victims, co-conspirators, and inmates
    agency responsible for providing oversight                of state and federal prisons. Among other
    of the UI program, the OIG has vigorously                 information, the defendant and her
    pursued pandemic-related UI fraud.                        co-conspirators included in these applications
                                                              materially false wage and employment
As of September 2023, our pandemic                            histories and contact information that did not,
investigations have resulted in upwards of                    in fact, belong to the purported applicants. The
850 search warrants executed and over                         defendant was ordered by the court to pay more
1,550 individuals charged with crimes related to              than $2 million in restitution, jointly and severally
UI fraud. These charges resulted in more than:                with 3 other convicted codefendants. The court
                                                              also ordered forfeiture in the amount of over


79 The OIG joined DOJ and other federal law enforcement partners as participants on the DOJ’s COVID-19 Fraud
Strike Force Teams initiative, announced on September 14, 2022. These Strike Force teams operated out of U.S.
Attorneys’ Offices in the Southern District of Florida, the District of Maryland, and a joint effort between the Central
and Eastern Districts of California. They used dedicated special agents from the OIG to focus on significant fraud
schemes with an international nexus. DOJ, “Department Announces COVID-19 Fraud Strike Force Teams,” press
release (September 14, 2022), available at: https://www.justice.gov/opa/pr/justice‑department‑announces‑covid‑19-
fraud-strike-force-teams department announces COVID-19-fraud-strike-force-teams
80 “Labor Watchdog’s Pandemic Work Results in More Than 1,000 Individuals Charged with UI Fraud and $45.6
Billion Identified in Potentially Fraudulent Pandemic UI Benefits,” press release (September 22, 2022), available at:
https://www.oig.dol.gov/public/Press%20Releases/DOL-OIG%20Pandemic%20Work%20Results%20in%20More%20
Than%201000%20Individuals%20Charged%20with%20UI%20Fraud.pdf
81 For more details about OIG investigations, visit our Pandemic Response Portal at:
https://www.oig.dol.gov/OIG_Pandemic_Response_Portal.htm.

48                                             Semiannual Report to Congress | April 1, 2023–September 30, 2023
                            Worker and Retiree Benefit Programs

                                                             Working with Domestic and
                                                             International Law Enforcement Partners

                                                             Early in the pandemic, the OIG worked with the
                                                             DOJ to create the National UI Fraud Task Force,
                                                             a nine-agency federal task force focused on law
                                                             enforcement intelligence sharing, deconfliction,
                                                             joint national messaging, and the effective use
                                                             of investigative and prosecutorial resources.
                                                             The National UI Fraud Task Force has also
                                                             worked closely with partners at the International
                                                             Organized Crime Intelligence and Operations
 During the execution of a search warrant, OIG agents        Center (IOC-2) to develop a deconfliction
   discovered evidence of unemployment fraud and             process to coordinate investigative information
  significant drug paraphernalia. The investigation is       across federal law enforcement agencies.
  associated with approximately $1.3 million in fraud.

$1.6 million, which represents the specific amount           Through data analytics and a leads generation
of fraudulent UI benefits directly attributable to           process, the National UI Fraud Task Force
the defendant, for which she is solely liable.               and IOC-2 partner agencies have identified
                                                             significant fraud committed against the UI
In another OIG investigation, a defendant was                program by domestic and international criminal
sentenced to 92 months of federal incarceration              organizations. Many of these include street-level
for his role in a scheme involving the possession            criminal organizations with ties to illegal guns
of 15 or more access devices82 and possession                and drugs. These investigations are ongoing
of a firearm by a convicted felon. Additionally, he          and actively being investigated through the
was sentenced to 24 more months of consecutive               National UI Fraud Task Force, the COVID-19
incarceration for aggravated identity theft.                 Fraud Enforcement Task Force, and the
The investigation revealed that the defendant                COVID-19 Fraud Strike Force Teams initiative.
possessed the identities of approximately 72
identity theft victims and he used those identities          The OIG has been very engaged on DOJ’s
to apply for UI benefits in 25 states. The court             COVID-19 Fraud Enforcement Task Force.
also ordered the defendant to pay restitution in             We have representation on its subcommittees
the amount of $491,074 to 15 SWAs.                           involving communication, forfeiture,
                                                             corporations and large business fraud, and



82 Pursuant to 18 U.S.C. § 1029, the term “access device” means any card, plate, code, account number, electronic
serial number, mobile identification number, personal identification number, or other telecommunications service,
equipment, or instrument identifier, or other means of account access that can be used, alone or in conjunction with
another access device, to obtain money, goods, services, or any other thing of value, or that can be used to initiate a
transfer of funds (other than a transfer originated solely by paper instrument).

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                                    49
                           Worker and Retiree Benefit Programs

data, and we co-chair the task force’s Criminal             The OIG and its law enforcement partners are
Enterprise Subcommittee.                                    working with hundreds of financial institutions in
                                                            response to our request.
The OIG has also participated in other initiatives.
For example, since 2020, the OIG has supported              The OIG has also conducted extensive
DOJ’s annual Money Mule Initiative,83 which                 engagement with foreign law enforcement
aimed to raise awareness about and suppress                 partners, including the European Union
money mule activity. Money mules are people                 Agency for Law Enforcement Cooperation,85
who, at someone else’s direction, receive and               International Criminal Police Organization,86
move money obtained from victims of fraud. The              and other national law enforcement agencies.
OIG conducted extensive internal and external               These efforts focused on introducing foreign
outreach regarding money mules and identified               partners to the OIG’s mission, briefing partners
and targeted money mules in coordination with               on pandemic fraud trends, and collaborating to
DOJ and other partner agencies.                             examine the movement of pandemic-related UI
                                                            funds transnationally.
In addition, the OIG issued alerts to financial
institutions about UI fraud both on its own and             The PRAC has also played a pivotal role
jointly with its partners, such as the U.S. Secret          in amplifying the ability of OIGs to share
Service (Secret Service), the Financial Crimes              information and conduct internal and external
Enforcement Network, and the National UI                    outreach to stakeholders that have been
Fraud Task Force. One such joint OIG/Secret                 impacted by pandemic fraud. For example, the
Service alert84 served as a framework for the               OIG worked with the PRAC on social media
recovery of millions of dollars of fraudulent UI            tool kits related to money mule activity and
funds being held by financial institutions. Later,          erroneous 1099-G forms that were issued to
in 2021, the OIG authored a National UI Fraud               victims of UI fraud. The OIG has also worked
Task Force alert issued through the Financial               with the PRAC, DOJ, and the Secret Service
Crimes Enforcement Network to financial                     to create a web-based survey where financial
institutions requesting they identify funds they            institutions can more broadly report UI and
froze due to suspicion of fraud. The OIG created            other types of pandemic fraud. This information
a process with DOJ and the Secret Service to                is being collected by the PRAC, analyzed by
collect that data and work with those financial             its partners, and, if appropriate, sent to field
institutions to return fraudulent funds to SWAs.            personnel for further action.



83 More information about DOJ’s Money Mule Initiative is available at:
https://www.justice.gov/civil/consumer-protection-branch/money-mule-initiative.
84 Secret Service and OIG, “Detection and Mitigation of Unemployment Insurance Fraud Guidance for Financial
Institutions,” July 6, 2020, available at:
https://www.neach.org/Portals/0/USSS-DOL%20OIG%20UI%20Advisory%207_6_2020.pdf
85 Commonly known as “EUROPOL”
86 Commonly known as “INTERPOL”

50                                           Semiannual Report to Congress | April 1, 2023–September 30, 2023
                           Worker and Retiree Benefit Programs

The OIG, through its membership in IOC-2,                         OIG Pandemic Oversight Work
has also been engaged with several allied
national law enforcement agencies to strategize             In April 2020, shortly after CARES Act
about pandemic-related fraud and how to best                enactment, we published our Pandemic
establish practices to share information.                   Response Oversight Plan detailing how the
The issue of pandemic fraud has not only                    OIG would conduct its pandemic oversight,
been an issue for the United States, but it has             with a significant focus on the UI program.
also negatively impacted our foreign partners’              We designed our four-phased plan to provide
pandemic programs. We have conducted                        recommendations to DOL to address current
outreach and education related to pandemic                  and emerging vulnerabilities with the pandemic
fraud, including UI fraud, with our Five Eyes               response and to prevent similar vulnerabilities
partner countries as participants on the                    from hampering preparedness for future
International Public Sector Fraud Forum.87                  emergencies (see Figure 4).
The OIG, IOC-2, and our federal law
enforcement partners have identified                        During Phases 1 and 2, which are complete,
numerous instances of international organized               we reviewed DOL’s plans, guidance, and
criminal groups engaged in UI fraud. We                     initial implementation, highlighting significant
will continue to work with our domestic and                 vulnerabilities. During Phase 3, which is
international law enforcement partners on                   ongoing, we are taking a deep dive into key
these matters.


           Figure 4: The OIG’s Four-Phased Design for Pandemic Oversight




Source: OIG Pandemic Response Oversight Plan




87 Five Eyes is an intelligence alliance. The Five Eyes countries include Australia, Canada, New Zealand, the
United Kingdom and the United States. The International Public Sector Fraud Forum consists of representatives
from organizations from the Five Eyes countries, whose collective aim is to share best and leading practices in fraud
management and control across public borders. International Public Sector Fraud Forum guidance is available at:
https://www.gov.uk/government/publications/international-public-sector-fraud-forum-guidance.

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                                  51
                           Worker and Retiree Benefit Programs

and emerging issues. Our Phase 4 work plans                program,89 and we assessed comparable
include reporting on lessons learned for UI,               lessons learned. As a result, in April 2020, we
worker safety and health, and employment                   issued the previously noted advisory report90
training and recovery from the overall toll on             identifying six initial areas of concern for ETA
workers since COVID-19 first appeared in the               and the states to consider while implementing
United States. Based on the work performed                 CARES Act UI provisions:
under this oversight plan, we continue to                  1. state preparedness, specifically the issues of
make recommendations for DOL to strengthen                    staffing and system capabilities,
and enhance programs prior to the start of
                                                           2. initial eligibility determination,
emergencies. We published two plan updates
and one revision.88                                        3. benefit amount,
                                                           4. return to work,
                                                           5. improper payment detection and recovery, and
                                                           6. program monitoring.

                                                           Our identification of these areas represents
                                                           years of work relating to DOL’s UI program,
                                                           including the use of prior stimulus funds and
                                                           response to past disasters. The advisory
                                                           report outlined years of weaknesses and
                                                           recommendations identified by the OIG to
                                                           strengthen the UI program. Many of the
                                                           weaknesses previously identified became once
                                                           again apparent during the pandemic. DOL and
At the start of the pandemic, we examined past             states must apply lessons learned to correct
audits, including those related to the Recovery            additional weaknesses identified prior to the
Act and the Disaster Unemployment Assistance               next disaster.




88 Pandemic Response Oversight Plan, Revised June 30, 2023, available at:
https://www.oig.dol.gov/public/oaprojects/2023%20Revised%20Pandemic%20Response%20Oversight%20Plan.pdf
89 Examples include: Recovery Act: DOL Could Have Better Monitored the Use of Re-employment Services Funds
to Adhere to Standards for Transparency and Accountability, Report No. 18-11-005-03-315 (March 31, 2011),
available at: https://www.oig.dol.gov/public/reports/oa/2011/18-11-005-03-315.pdf; Recovery Act: States Challenged
in Detecting and Reducing Unemployment Insurance Improper Payments, Report No. 18-16-005-03-315 		
(August 2, 2016), available at: https://www.oig.dol.gov/public/reports/oa/2016/18-16-005-03-315.pdf; and Audit of
Florida Disaster Unemployment Assistance Grant Number 1359 - DR (March 26, 2004), Report No. 04-04-004-03-
315 (March 26, 2004), available at: https://www.oig.dol.gov/public/reports/oa/2004/04-04-004-03-315.pdf.
90 Advisory Report: CARES Act: Initial Areas of Concern Regarding Implementation of Unemployment Insurance
Provisions, Report No. 19-20-001-03-315 (April 21, 2020), available at:
https://www.oig.dol.gov/public/reports/oa/2020/19-20-001-03-315.pdf

52                                           Semiannual Report to Congress | April 1, 2023–September 30, 2023
                          Worker and Retiree Benefit Programs

We have issued several subsequent reports,                   pandemic UI programs that posed the
including alert memoranda addressing urgent                  greatest risk for fraud, waste, and abuse:
concerns, involving the UI program, such as                  PUA, PEUC, and FPUC. Specifically, DOL’s
the following:                                               guidance and oversight did not ensure
•   In May 2020, we issued an alert                          states: implemented the programs and
    memorandum91 describing our concerns                     paid benefits promptly, performed required
    regarding claimant self-certification in the             and recommended improper payment
    PUA program. In our view, reliance on such               detection and recovery activities, or reported
    self-certifications rendered the PUA program             accurate and complete program activities.
    highly vulnerable to improper payments                   This occurred primarily because states’
    including fraud. Subsequent to our work,                 IT systems were not modernized, staffing
    Congress took action to require claimants                resources were insufficient to manage
    to submit documentation substantiating                   the increased number of new claims, and,
    employment or self-employment to improve                 according to state officials, ETA’s guidance
    states’ abilities to ensure proper claimant              was untimely and unclear.
    eligibility and to mitigate fraud through the        •   In November 2021, we issued94 the
    Continued Assistance for Unemployed                      Department a qualified opinion, for the first
    Workers Act of 2020.                                     time in 25 years, on its consolidated financial
•   In August 2020, we reported92 states did not             statements and reported one material
    use existing tools effectively to combat fraud           weakness related to pandemic-related UI
    and other improper payments. We also stated              funding. There were two primary causes for
    ETA should work with the OIG to obtain access            this issue: (1) the Department being unable
    to state claimant data that could be used to             to support more than $47 billion it estimated
    identify and disrupt fraudulent schemes that             for UI claims in appeal or unprocessed as
    threaten the integrity of UI programs, including         of September 30, 2021, and (2) unreliable
    those under the CARES Act.                               reporting of more than $4 billion in UI benefit
                                                             overpayments due to certain states’ 		
•   In May 2021, we reported93 that DOL and
                                                             non-reporting of UI overpayment activity.
    states struggled to implement the three



91 Alert Memorandum: The Pandemic Unemployment Assistance Program Needs Proactive Measures to Detect and
Prevent Improper Payments and Fraud, Report No. 19-20-002-03-315 (May 26, 2020), available at:
https://www.oig.dol.gov/public/reports/oa/2020/19-20-002-03-315.pdf
92 COVID-19: More Can Be Done to Mitigate Risk to Unemployment Compensation Under the CARES Act,
Report No. 19-20-008-03-315 (August 7, 2020), available at:
https://www.oig.dol.gov/public/reports/oa/2020/19-20-008-03-315.pdf
93 COVID-19: States Struggled to Implement CARES Act Unemployment Insurance Programs,
Report No. 19-21-004-03-315 (May 28, 2021), available at:
https://www.oig.dol.gov/public/reports/oa/2021/19-21-004-03-315.pdf
94 FY 2021 Independent Auditor’s Report on the DOL Financial Statements, Report No. 22-22-003-13-001
(November 19, 2021), available at: https://www.oig.dol.gov/public/reports/oa/2022/22-22-003-13-001.pdf

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                         53
                          Worker and Retiree Benefit Programs

•    In July 2022, we reported95 that the                    reported zero overpayments for the PUA
     Department did not meet the requirements                program. This lack of accurate state
     for compliance with the Payment Integrity               performance information hinders Congress
     Information Act of 2019 (PIIA) for FY 2021.             and ETA’s ability to: assess state activities,
     PIIA requires federal agencies to identify              mitigate overpayments risks, identify
     programs susceptible to significant improper            program weaknesses, and improve future
     payments, estimate the improper payments                temporary programs.
     for those programs, and report on actions           •   In September 2022, we reported97 ETA and
     to reduce the improper payments in those                states did not protect pandemic-related
     programs. While DOL met three of the six                UI funds from historic levels of improper
     compliance requirements for UI programs,                payments, including fraud, nor from
     we found DOL did not meet the other three               payment delays. We attributed this to four
     requirements: it did not publish all improper           causes: lack of eligibility testing, untimely
     payment estimates, did not demonstrate                  oversight, PUA self-certification, and the
     improvement from the improper target rate               3-month suspension of a primary oversight
     published in FY 2020, and did not report                tool. Additionally, DOL’s interpretation of
     an improper payment rate of less than                   its regulations hindered the OIG’s timely
     10 percent.                                             and complete access to UI claims data
                                                             to assist in detecting and deterring fraud.
    Our examination of required reports                      We estimated that, in the initial 6 months
    identified that some states did not submit               after the CARES Act passed, 4 states paid
    reports to ETA or reported zero activity.                $30.4 billion in PUA and FPUC benefits
                                                             improperly, including $9.9 billion paid to
                                                             likely fraudsters. Further, based on our
•    In August 2022, we issued an alert
                                                             analysis of ETA’s timeliness reports, at least
     memorandum96 about deficient reporting
                                                             6.2 million American workers nationwide
     by states regarding the CARES Act UI
                                                             waited a month or more for pandemic-related
     programs. Our examination of required
                                                             UI benefits during the year after the CARES
     reports identified that some states did
                                                             Act passed.
     not submit reports to ETA or reported
     zero activity. For instance, seven states



95 The U.S. Department of Labor Did Not Meet the Requirements for Compliance with the Payment Integrity
Information Act for FY 2021, Report No. 22-22-007-13-001 (July 1, 2022), available at:
https://www.oig.dol.gov/public/reports/oa/2022/22-22-007-13-001.pdf
96 Alert Memorandum: The Employment and Training Administration Needs to Ensure State Workforce Agencies
Report Activities Related to CARES Act Unemployment Insurance Programs, Report No. 19-22-004-03-315
(August 2, 2022), available at:https://www.oig.dol.gov/public/reports/oa/2022/19-22-004-03-315.pdf
97 COVID-19: ETA and States Did Not Protect Pandemic-Related UI Funds from Improper Payments including Fraud
or from Payment Delays, Report No. 19-22-006-03-315 (September 30, 2022),
available at: https://www.oig.dol.gov/public/reports/oa/2022/19-22-006-03-315.pdf

54                                         Semiannual Report to Congress | April 1, 2023–September 30, 2023
                            Worker and Retiree Benefit Programs

•   In December 2022, for the second straight                     technology have a racial and gender bias.
    year, we issued98 the Department a qualified                  Furthermore, some states did not implement
    opinion on its consolidated financial                         necessary privacy security measures
    statements and reported one material                          recommended to protect UI claimants’
    weakness related to pandemic-related UI                       biometric data. Less than a month after we
    funding. There were two primary causes                        issued our report, ETA provided additional
    for this issue: (1) the Department was                        guidance to states regarding biometrics and
    unable to support $7.9 billion it estimated                   facial recognition.
    in remaining pandemic-related UI claims in
    appeal or unprocessed as of September 30,
    2022, and (2) the Department was unable
    to support the $3.5 billion it estimated in
    remaining pandemic-related UI benefit
    overpayment receivables.
•   In March 2023, we issued an alert
    memorandum99 about urgent equity and
    security concerns in the UI program,
    including facial recognition technology.
    Resulting from the economic impact of the                 •   In June 2023, we reported101 that, again,
    pandemic, UI programs have become a                           DOL did not meet the requirements for
    target for fraud with significant numbers                     compliance with PIIA for FY 2022. While
    of imposter claims being filed with stolen                    DOL met four of the six compliance
    or synthetic100 identities. Approximately                     requirements for UI excluding PUA, it did not
    45 percent of states hired identity                           meet the other two: it did not demonstrate
    verification service contractors that used                    improvement from the improper payment rate
    facial recognition technology. The National                   published in FY 2021 and it did not report
    Institute of Standards and Technology has                     an improper payment rate of less than 10
    reported that it found empirical evidence the                 percent. For PUA, we reported DOL did not
    algorithms used in current facial recognition                 meet four of the six compliance requirements



98 FY 2022 Independent Auditor’s Report on the DOL Financial Statements,
Report No. 22-23-002-13001 (December 13, 2022), available at:
https://www.oig.dol.gov/public/reports/oa/2023/22-23-002-13-001.pdf
99 Alert Memorandum: ETA and States Need to Ensure the Use of Identity Verification Service Contractors Results
in Equitable Access to UI Benefits and Secure Biometric Data, Report No. 19-23-005-03-315 (March 31, 2023),
available at: https://www.oig.dol.gov/public/reports/oa/2023/19-23-005-03-315.pdf
100 A synthetic identity is a false identity created from a combination of real and fake information.
101 The U.S. Department of Labor Did Not Meet the Requirements for Compliance with the Payment Integrity
Information Act for FY 2022, Report No. 22-23-006-13-001 (June 9, 2023), available at:
https://www.oig.dol.gov/public/reports/oa/2023/22-23-006-13-001.pdf

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                             55
                          Worker and Retiree Benefit Programs

     for the PUA program: it did not publish                 March 27, 2020, to September 6, 2021, the
     improper payment estimates, programmatic                OIG found that over 33,400 beneficiaries in
     corrective action plans, reduction targets,             these areas collectively received more than
     and an improper payment rate.                           $516 million.
•    In July 2023, we found102 ETA did not provide
     adequate oversight of the emergency UI                 We found ETA needs to improve its
     administrative grants. Specifically, ETA did           oversight of the Integrity Data Hub.
     not verify if states were qualified for the
     grants before transferring all grant funds
                                                        •    In September 2023, we issued104 a
     to the states’ accounts. In our review of
                                                             memorandum reporting on three key matters
     14 states, we found ETA qualified these
                                                             related to the National Association of State
     states to receive more than $136 million
                                                             Workforce Agencies (NASWA) resulting from
     in emergency administrative grant funds.
                                                             our audit of ETA’s oversight of UI integrity
     Additionally, we found ETA could not provide
                                                             for three key CARES Act programs. We
     reasonable assurance that states used
                                                             found ETA needs to improve its oversight
     the emergency administrative grants to
                                                             of the Integrity Data Hub (IDH). ETA did not
     administer UI programs. These funds were
                                                             ensure an initial assessment of NASWA’s
     monitored through single audits that did not
                                                             IDH was performed in compliance with
     disclose how states used the funds.
                                                             federal requirements, nor did ETA provide
•    In July 2023, we released103 a memorandum               documentation it evaluated NASWA’s
     detailing our collaboration with the PRAC               security assessment reports. Further,
     to evaluate the federal government’s                    we found the IDH was less effective at
     COVID-19 response in six local communities:             identifying potentially improper multistate
     Springfield, Massachusetts; Coeur d’Alene,              claims when compared to the OIG’s data.
     Idaho; Marion County, Georgia; Sheridan
                                                        •    As of September 2023, we have issued four
     County, Nebraska; White Earth Reservation
                                                             alert memoranda that identified a cumulative
     in Minnesota; and Jicarilla Apache
                                                             total of $46.9 billion in potentially fraudulent
     Reservation in New Mexico. Our assessment
                                                             UI benefits paid from March 2020 through
     centered on DOL’s expanded UI benefits
                                                             April 2022 in the previously mentioned six
     for pandemic-affected workers. From
                                                             specific high-risk areas.


102 ETA Did Not Provide Adequate Oversight of Emergency Administrative Grants,
Report No. 19-23-006-03-315 (July 27, 2023), available at: 		
https://www.oig.dol.gov/public/reports/oa/2023/19-23-006-03-315.pdf
103 Tracking the Department of Labor’s Unemployment Insurance Response to Local Communities During the
Pandemic, Report No. 19-23-007-03-315 (July 10, 2023), available at:
https://www.oig.dol.gov/public/reports/oa/2023/19-23-007-03-315.pdf
104 COVID-19 - ETA Can Improve its Oversight to Ensure Integrity over CARES Act UI Programs,
Report No. 19-23-011-03-315 (September 22, 2023), available at:
https://www.oig.dol.gov/public/reports/oa/2023/19-23-011-03-315.pdf

56                                         Semiannual Report to Congress | April 1, 2023–September 30, 2023
                          Worker and Retiree Benefit Programs

•   In September 2023, we reported105 that                   overpayments in the PUA program, including
    the EURGENO program should have been                     fraud, were caused by a combination of
    better managed. EURGENO was designed                     allowing claimants to self-certify their eligibility
    to mitigate the effects of the pandemic                  coupled with states’ difficulties implementing
    on employers that reimburse the states                   new UI programs and meeting the substantial
    for eligible UI benefits paid (reimbursing               increase in claims volume.
    employers). However, reimbursing employers           •   In September 2023, we reported107 ETA and
    experienced delays in receiving pandemic                 states did not always meet the requirements
    relief, waiting anywhere from a month                    or statutory intent of the TFFF program.
    to more than a year. Additionally, states                Specifically, individual claimants waited to
    received funding for ineligible weeks and                receive urgently needed UI benefits, states
    amounts that were later determined to be                 received TFFF funding when they were not
    ineligible. Consequently, these states owe               eligible, and states’ TFFF accounts have
    millions to the federal government, including            unused fund balances. As of July 31, 2023,
    approximately $29 million in questioned                  nearly $5 billion remained unused and
    costs across the 6 states we tested.                     has not been reconciled, closed out for
•   In September 2023, we reported106 that PUA               deobligation, and returned to Treasury. These
    for non-traditional claimants was weakened by            issues occurred because ETA did not have
    billions in overpayments, including fraud. From          sufficient controls in place to ensure states
    April 1, 2020, to March 31, 2023, the 53 SWAs            accessing funds were in fact eligible for
    reported nearly $35 billion in established               reimbursements or that unused TFFF funds
    PUA overpayments—benefit payments that                   were returned to the federal government.
    SWAs investigated and found were improper.           •   In September 2023, we reported108 that ETA
    In total, states reported that over 15 percent           did not evaluate the capability of SWAs’ UI
    of all PUA benefits paid were overpayments               IT systems to successfully administer UI
    and approximately 61 percent of all FPUC                 benefits. Further, ETA did not have sufficient
    overpayments occurred when PUA was                       information to know which SWAs’ UI IT
    the underlying benefit. The significant


105 COVID-19: Unemployment Relief For Governmental Entities and Nonprofit Organizations Should Have Been
Better Managed, Report No. 19-23-010-03-315 (September 21, 2023), available at:
https://www.oig.dol.gov/public/reports/oa/2023/19-23-010-03-315.pdf
106 COVID-19: Pandemic Unemployment Assistance for Non-Traditional Claimants Weakened by Billions in
Overpayments, including Fraud, Report No. 19-23-014-03-315 (September 27, 2023), available at:
https://www.oig.dol.gov/public/reports/oa/2023/19-23-014-03-315.pdf
107 COVID-19: ETA Needs a Plan to Reconcile and Return to the U.S. Treasury Nearly $5 Billion Unused by States
for a Temporary Unemployment Insurance Program, Report No. 19-23-015-03-315 (September 28, 2023), available
at: https://www.oig.dol.gov/public/reports/oa/2023/19-23-015-03-315.pdf
108 COVID-19: Audit of State Workforce Agencies’ Information Technology Systems Capability in Processing
Unemployment Insurance Claims, Report No. 19-23-008-03-315 (September 19, 2023), available at:
https://www.oig.dol.gov/public/reports/oa/2023/19-23-008-03-315.pdf

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                              57
                          Worker and Retiree Benefit Programs

     systems posed the greatest risk of failing          OIG Recommendations to DOL
     because they did not require SWAs to
     develop UI IT modernization plans. Only 1           OIG Access to UI Claimant Data and
     of the 10 SWAs we reviewed had developed            Wage Records
     or implemented UI IT modernization plans            •   Implement immediate measures to ensure
     that improved the timeliness or accuracy                ongoing OIG access to UI claimant
     of UI benefits processing. Similarly, of the            data and wage records for all audit and
     38 SWAs we surveyed, only 14 reported                   investigative purposes
     that they had implemented such plans.
     Ensuring SWAs have these plans in place             •   Expedite regulatory updates to require
     and are actively pursuing implementation                ongoing disclosures of UI information to
     would be a strong step toward ETA ensuring              the OIG for all audits and investigations of
     SWAs improve administration of benefits,                federal programs
     particularly during a future crisis.
                                                         Staffing and Systems for Prompt Payments
•    In September 2023, we reported109 on our            during Emergencies
     Quality Control Review (QCR) of the single
     audit performed by Scott and Company, LLC           •   Continue to work with states to develop,
     for 2021 for one state. Our review focused on           operate, and maintain a modular set of
     the state’s $3.67 billion in UI expenditures.           technological capabilities (i.e., staffing and
     We found deficiencies in the firm’s: planning           replacing legacy IT systems) to modernize the
     and testing of UI, reporting on the lack of             delivery of UI benefits to sufficiently manage
     internal controls in the PUA program, and               and process sudden spikes in claims volume
     reporting the federal expenditures.                     during emergencies or high unemployment
                                                         •   Conduct a study to assess:
           OIG Recommendations                               ◦   the technological needs of the UI
                                                                 programs to determine the capabilities
The OIG has made several recommendations                         that need to be upgraded or replaced,
to DOL and Congress to improve the efficiency                ◦   the features necessary to effectively
and integrity of the UI program. While action has                respond to rapid changes in the volume
been taken to resolve some recommendations,                      of claims in times of emergency or
further action is needed to close them.                          high unemployment,
Summaries of key recommendations that remain
open follow. Additionally, we have highlighted               ◦   the capabilities needed to ensure effective
four high-priority recommendations for                           and equitable delivery of benefits, and
Congress at the end of the section.                          ◦   the capabilities to minimize fraudulent
                                                                 activities


109 Quality Control Review Single Audit of South Carolina Department of Employment and Workforce for the Year
Ended June 30, 2021, Report No. 24-23-003-50-598 (September 26, 2023), available at:
https://www.oig.dol.gov/public/reports/oa/2023/24-23-003-50-598.pdf

58                                         Semiannual Report to Congress | April 1, 2023–September 30, 2023
                            Worker and Retiree Benefit Programs

Controls for Improper Payments                                   amount of unused emergency UI funds to be
•   Obtain direct access to UI claims data from                  returned to Treasury
    all SWAs                                                 •   Determine the proper disposition of excess
•   Create an integrity program that:                            funds and take necessary actions, including
                                                                 recovery of questioned costs
    ◦   incorporates a data analytics capability
        and                                                  •   Capture lessons learned for future programs

    ◦   regularly monitors state UI claims data to
                                                             Guidance and Assistance to States
        detect and prevent improper payments,
        including fraud, and to identify trends and          •   Assist states with claims, overpayment, and
        emerging issues that could negatively                    fraud reporting to create clear and accurate
        impact the UI program                                    information. Then, use the overpayment and
                                                                 fraud reporting to prioritize and assist states
•   Establish effective controls, in collaboration
                                                                 with fraud detection and recovery
    with SWAs, to mitigate fraud and other
    improper payments to potentially ineligible              •   Examine the effectiveness of the Benefit
    claimants in high-risk areas, such as UI                     Accuracy Measurement system contact
    benefits paid to individuals with Social                     verification process to ensure it reflects the
    Security numbers filed in multiple states and                current methods claimants use to seek work
    belonging to deceased persons                            •   Specify within ETA’s policy the information
•   Include CARES Act UI transactions in the                     states must include in their documentation to
    Benefit Accuracy Measurement110 system                       support compliance with the requirements to
    or develop an alternative methodology to                     receive grant funds prior to disbursement of
    reliably estimate improper payments for                      the funds
    those programs
                                                             Coordination with Congress
•   For DOL financial statements, design and
    implement controls to ensure management’s                •   Work with Congress to establish legislation
    reviews of UI program estimates are                          requiring SWAs to cross-match high-risk
    performed at a sufficient level of detail and                areas, such as UI benefits paid to individuals
    adequate documentation is maintained to                      with Social Security numbers filed in multiple
    assess the reasonableness of the estimates                   states and belonging to deceased persons
                                                             •   Work with Congressional stakeholders
Reconciliation                                                   to inform them of the urgency of the
•   Develop procedures and establish a deadline                  expiring statute of limitations concerning
    to ensure reconciliation to determine the                    pandemic-related UI fraud



110 The Benefit Accuracy Measurement system, commonly known as BAM, is a quality control statistical survey
used to identify errors and support corrective action in the state UI system. The data are an estimate of the total
improper payments in the UI program, in each state and the nation as a whole, based on a statistically valid
examination of a sample of paid and denied claims.

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                                      59
                           Worker and Retiree Benefit Programs

    OIG Recommendations to Congress                       These legislative proposals are consistent
                                                          with previous OIG reporting to improve the
In addition, the OIG encourages Congress                  UI program.
to consider and adopt key DOL proposals
to aid the Department’s efforts to combat                  The OIG recommended that Congress
improper payments in the UI program. In its                extend the statute of limitations for
FY 2024 Congressional Budget Justification,111             fraud involving pandemic-related UI
the Department proposed provisions designed                programs, which will begin to expire in
to provide new and expanded tools and controls             early 2025.
for states to help ensure workers are properly
paid and to prevent improper payments,                    The OIG has also recommended that Congress
including fraud in the UI system.                         ensure DOL and the OIG have ongoing,
                                                          timely, and complete access to UI claimant
The Department stated that the proposals                  data and wage records for our respective
collectively would result in savings of more              oversight responsibilities. In addition, the
than $2 billion over the 10-year budget window.           OIG recommended Congress authorize OIG
These are similar to DOL proposals included               participation in asset forfeiture funds to combat
in prior DOL budget requests that would help              UI fraud and other crimes.
address UI program integrity and the high
improper payment rates in the UI program.                 Further, in our Fall 2022 and Spring 2023
These proposals include the following:                    Semiannual Reports to Congress, the OIG
•    require SWAs to cross-match UI claims                recommended that Congress extend the
     against the National Directory of New Hires;         statute of limitations for fraud involving
                                                          pandemic-related UI programs, which will
•    require SWAs to cross-match UI claims with           begin to expire in early 2025. However, even
     a system(s)…that contains information on             if this statute of limitations is extended, the
     individuals who are incarcerated;                    degree to which we can continue our level of
•    require states to disclose information to the OIG;   oversight work depends on the availability of
•    allow SWAs to retain up to 5 percent of              resources. We will continue to efficiently use
     recovered fraudulent UI overpayments for             our available resources for pandemic-related
     program integrity use;                               audit and investigative efforts; however, at
                                                          current funding levels, resource limitations
•    require SWAs to use [UI] penalty and interest
                                                          have resulted and will continue to result
     collections solely for UI administration; and
                                                          in a substantial reduction of effort in
•    permit the Department to collect and store           pandemic-related oversight.
     states’ UI claimant data.



111 U.S. Department of Labor, FY 2024 Congressional Budget Justification, Employment and Training
Administration, State Unemployment Insurance and Employment Service Operations, available at:
https://www.dol.gov/sites/dolgov/files/general/budget/2024/CBJ-2024-V1-07.pdf

60                                          Semiannual Report to Congress | April 1, 2023–September 30, 2023
                        Worker and Retiree Benefit Programs

Highlighted High-Priority                             implementing the pandemic-related UI
Recommendations for Congress                          programs. These efforts include measures
                                                      like secure sign-in services, in-person identity
1. Extend the statute of limitations for fraud        verification, and a new identity fraud reporting
   involving pandemic-related UI programs;            website being introduced to mitigate fraud.
2. Ensure DOL and the OIG have ongoing,               Specifically, in July 2023, DOL announced
   timely, and complete access to UI claimant         opportunities to strengthen ID verification,
   data and wage records;                             subject to the availability of funds. Additionally,
3. Grant the OIG statutory authority to               ETA made available up to $765 million in
   participate in asset forfeiture funds to combat    fraud prevention grants and expert Tiger
   UI fraud and other crime; and                      Teams provided states with assessments
4. Ensure effective payment integrity controls        and improvement recommendations for UI
   to reduce improper payments in all UI              processes. ETA also facilitated the secure
   programs including temporary ones, such            availability of incarceration data to cross-
   as through broader requirements for                reference UI claims against prisoner information.
   mandatory cross-matching.
                                                      Further, ETA reported it continued to provide
               DOL’s Progress                         oversight and technical assistance through
                                                      the State Quality Service Plans, the Integrity
The Department has emphasized the progress            Action Plan, the UI Integrity Center, and
it has made in addressing challenges with the UI      through information provided by the OIG.
program. According to DOL, one of the challenges      ETA also stated it worked with the Office
associated with the pandemic-related UI programs      of the Chief Financial Officer to develop
was that the programs did not include an adequate     a UI fraud risk profile in line with GAO’s
preparation period. ETA officials stated a swift      Fraud Risk Framework. In addition, in its
rollout of a new government benefit program,          FY 2024 Congressional Budget Justification,
including policy formulation, product development,    the Department proposed provisions designed
and operational procedures, typically requires a      to provide new and expanded tools and
timeframe of 30 to 48 months. Unfortunately, the      controls for states to help ensure workers
challenges associated with the pandemic-related       are properly paid and to prevent improper
UI programs had to be resolved in real-time,          payments, including fraud in the UI system.
while states grappled with an extraordinary
tenfold increase in claims volume. The                The Department issued a policy granting
Department’s statements reinforce the OIG’s           the OIG access to UI data for benefit weeks
position that the Department must be prepared         covered by CARES Act programs and related
before disasters occur.                               extensions. ETA also announced its intent to
                                                      amend its regulations to facilitate the OIG’s
According to DOL, since the passage of the            ongoing access by February 2025, and, in
CARES Act, ETA and states have instituted             July 2023, requested public comment on
efforts to focus on program integrity when            potential revisions that would require states


Semiannual Report to Congress | April 1, 2023–September 30, 2023                                      61
                            Worker and Retiree Benefit Programs

to disclose unemployment compensation                         community-based organizations to help workers
data to the OIG for oversight, including                      learn about UI benefits and related services.
audits. ETA has also required sharing of state                These opportunities also support state agencies
UI data as a condition of fraud prevention                    in delivering timely and accurate benefits to
grants to provide such access through 2025                    workers. The Department has launched the UI
and recently issued guidance supporting                       IT Modernization Project - Claimant Experience
additional grants that would provide                          Pilot, partnering with states for product
access for potentially the next 2 to 5 years.                 development, with outcomes published online.
According to ETA, 52 of 53 SWAs received                      Moreover, over $200 million in IT modernization
grants. The Inspector General is authorized                   grants have been awarded to 19 states,
to have timely access without constraints to                  aiming to foster the adoption of modular and
this data under the Inspector General Act of                  evidence-driven strategies.
1978, as amended, and needs access to all
UI program data.                                                    OIG Ongoing and Planned Work

On August 31, 2021, the Department                            The OIG’s efforts to strengthen and protect the
established the Office of Unemployment                        UI program continue. In addition to working with
Insurance Modernization to work with state                    our law enforcement partners to combat fraud
agencies and federal partners to modernize                    in the program, we will be issuing additional
and reform the UI system. According to the                    audit reports covering critical areas of concern
Department, the Office of Unemployment                        and opportunities for improvement in the UI
Insurance Modernization will provide oversight                program. Planned and in-progress113 Phase 3
and management of the $1 billion112 allotted                  audit work includes:
to UI initiatives by the American Rescue Plan
                                                              •   effectiveness of the Short-Time
Act of 2021 (ARPA) to prevent and detect
                                                                  Compensation program;*
fraud, promote equitable access, ensure timely
benefits payments, and reduce backlogs.                       •   effectiveness of the Mixed Earner
To achieve this, the Office of Unemployment                       Unemployment Compensation program;*
Insurance Modernization has allocated                         •   adequacy of state staffing resources;*
targeted grants to states and territories, offered            •   ETA and state efforts to detect and recover
improved guidance, directed assistance, and                       overpayments;*
tested technology-driven solutions.
                                                              •   PRAC Case Study Project on federal
                                                                  pandemic response funds in select
The Department also noted it has announced
                                                                  geographic areas;*
and provided grant opportunities to states,
including funds for pilot states to engage                    •   ETA and states’ efforts to address:



112 The American Rescue Plan Act of 2021 initially allotted $2 billion to UI initiatives; however, $1 billion was
rescinded by the Fiscal Responsibility Act of 2023.
113 Audits in progress are marked with an asterisk (*).

62                                             Semiannual Report to Congress | April 1, 2023–September 30, 2023
                            Worker and Retiree Benefit Programs

    ◦   multistate claimants;*                            Rocha & Company, PC (Rocha), to conduct
    ◦   claimants using deceased persons’ Social          an audit addressing our concerns about risks
        Security numbers;*                                associated with the expansion of UI benefits and
                                                          the disbursement of federal funds to claimants
    ◦   claimants using prisoners’ Social Security
                                                          in need during the pandemic. Rocha found ETA
        numbers;* and
                                                          and states did not always meet the requirements
    ◦   claimants with suspicious email                   or statutory intent of the TFFF program and that
        accounts;*                                        ETA needs a plan to reconcile and return to
•   impact of waivers on UI overpayments, fraud           Treasury nearly $5 billion unused by states.
    investigations, and recoveries;*
                                                          Rocha assessed ETA’s oversight, performed
•   joint review with U.S. Small Business
                                                          in-depth testing of 6 states, and surveyed an
    Administration OIG;*
                                                          additional 47 SWAs. They found individual
•   mandatory audit of DOL’s FY 2023                      claimants waited to receive urgently needed UI
    compliance with PIIA;114                              benefits and states received TFFF funding when
•   DOL and states’ oversight of UI claimants             the states were not eligible. Also, states’ TFFF
    return to work;                                       accounts have unused fund balances that have
•   ARPA Equity Grants; and                               not been reconciled, closed out for deobligation,
                                                          and returned to Treasury. These issues
•   Office of UI Modernization’s efforts to
                                                          occurred because ETA did not have sufficient
    improve SWAs’ UI IT systems.
                                                          controls in place to ensure states accessing
                                                          funds were in fact eligible for reimbursements
For more information about the OIG’s work, please
                                                          or that unused TFFF funds were returned to the
visit our online Pandemic Response Portal.115
                                                          federal government.

COVID-19: ETA Needs a Plan to                             Specifically, four states were allowed to access
Reconcile and Return to the U.S.                          TFFF funding as reimbursements despite not
Treasury Nearly $5 Billion Unused by                      meeting program requirements. For example,
States for a Temporary Unemployment                       two states with waiting weeks required by
Insurance Program                                         their existing laws did not waive those weeks.
                                                          However, the states were reimbursed for UI
Under the CARES Act, $12.5 billion was made               benefits paid after making claimants wait for
available to the 53 SWAs through the TFFF                 their first week of UI compensation—contrary
program. The program paid the cost of the first           to the intent of the program. In addition, another
week of an eligible claimant’s UI benefits for            two states used first week UI compensation
states with no waiting week. We contracted with           amounts paid outside the scope of the program
an independent certified public accounting firm,          period as the basis to be reimbursed.


114 A large portion of this annual audit focuses on UI.
115 Our Pandemic Response Portal is available at: https://www.oig.dol.gov/OIG_Pandemic_Response_Portal.htm.

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                          63
                          Worker and Retiree Benefit Programs

As a result, these states were reimbursed               largest pandemic-related UI program. Based
$105.1 million of federal funding they were not         on audits of previous emergency UI program
eligible to receive. Further, of the $12.5 billion in   implementation, we were concerned with ETA’s
funding made available to the 53 SWAs through           ability to effectively and efficiently deploy
the TFFF program, nearly $5 billion remained            PUA funding, which totaled over $130 billion.
unused as of July 31, 2023—more than                    We contracted with the independent certified
22 months after the program ended—                      public accounting firm of Key & Associates,
with no formal plan to reconcile states’ accounts       P.C. (Key & Associates) to conduct an audit to
and deobligate remaining funds for return               determine if non-traditional claimants received
to Treasury.                                            PUA benefits as intended under the CARES
                                                        Act and subsequent legislation.
We made eight recommendations to ETA to
improve oversight of TFFF and similar future            Key & Associates found non-traditional claimants
emergency relief programs. We recommended               received necessary PUA benefits as intended
ETA establish deadlines, write procedures,              under the CARES Act and subsequent
and develop controls to ensure states meet              legislation. However, the program was weakened
program requirements. We also recommended               by billions in overpayments, including fraud.
ETA: (1) establish written procedures and               Traditionally, UI claimants’ income would be
deadlines for the timely return of funding              verified through employment records; however,
for TFFF and future similar programs and                the CARES Act permitted non-traditional
(2) consult with OMB and Treasury officials to          claimants to self-certify their eligibility for PUA.
execute the proper return of unused funds that          Starting in April 2020, less than a month after
remain within states’ accounts.                         CARES Act passage, the OIG highlighted the
                                                        risk associated with permitting claimants to
For more information, go to https://www.oig.            self-certify their eligibility. Subsequent to the
dol.gov/public/reports/oa/2023/19-23-015-               OIG’s related work, Congress modified PUA to
03-315.pdf, Report No. 19-23-015-03-315                 require documentation in late December 2020.
(September 28, 2023)                                    However, 81 percent of all approved PUA claims
                                                        were filed prior to the end of 2020. Key &
COVID-19: Pandemic Unemployment                         Associates found that allowing claimants to
Assistance for Non-Traditional                          self-certify their eligibility—coupled with states’
                                                        difficulties with implementing new UI programs
Claimants Weakened by Billions in
                                                        and the substantial increase in claims volume—
Overpayments, including Fraud
                                                        led to significant overpayments, including fraud.

One of several new programs created under
                                                        From April 1, 2020, to March 31, 2023,
the CARES Act, PUA provided UI benefits to
                                                        the 53 SWAs reported nearly $35 billion
workers who were not traditionally eligible,
                                                        in established PUA overpayments. These
such as independent contractors, gigworkers,
                                                        overpayments included $20 billion in PUA
and sole proprietors (non-traditional
                                                        benefits and approximately $15 billion in
claimants). It quickly became the second

64                                         Semiannual Report to Congress | April 1, 2023–September 30, 2023
                          Worker and Retiree Benefit Programs

FPUC benefits, which was the supplement                lack of comprehensive safeguards and the
that was attached to each UI claim paid. In            substantial volume of claims, which meant that
total, states reported that over 15 percent of         staff usually responsible for promoting and
all PUA benefits paid were overpayments.               maintaining the integrity of the UI program had
Further, in collaboration with the OIG,                to assist with processing claims. Additionally,
Key & Associates found that 10.8 percent of            state officials reported that the level of identity
PUA claims exhibited potentially fraudulent            theft affected state efforts to detect other types
activity, including instances of benefits paid         of overpayments. Further, Social Security
to individuals with Social Security numbers            Administration database verification did not
used to file UI claims in multiple states or of        prevent this fraud because certain fraudsters
deceased persons. While these indicators—              used stolen information to file claims.
previously reported by the OIG—do not
measure the full extent of PUA fraud, they             The elevated levels of fraud that the PUA
indicate the vulnerability of the program.             program experienced can likely be partially
                                                       explained by the fraud triangle. The fraud
According to state officials, states faced             triangle suggests that, when all three
challenges in mitigating fraud within PUA              components—opportunity, incentive, and
despite implementing various countermeasures,          rationalization—are present, individuals are
such as identity verification service contractors      more likely to engage in fraudulent activities.
and multi-factor authentication. They further          A review of the PUA program indicates exposure
reported that the program’s vulnerability to           to all three components (see Figure 5).
fraudulent activity persisted, mainly due to a

                        Figure 5: Fraud Triangle for the PUA Program




Source: Key & Associates analysis of the PUA program

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                        65
                        Worker and Retiree Benefit Programs

Further, statements from ETA and SWAs,               COVID-19: ETA Can Improve Its
along with the OIG’s Office of Investigations        Oversight to Ensure Integrity over
case activity, suggest that fraud in the UI          CARES Act UI Programs
program has continued after the expiration
of pandemic-related programs. The OIG’s              In support of UI program integrity during the
Office of Investigations continues to see the        pandemic, ETA encouraged states to use tools
same fraud typologies being committed by             from NASWA. One of those tools was the
sophisticated cyber-enabled bad actors and           IDH, a centralized platform that brings SWAs
criminal enterprises that it combatted during        together to compare and analyze UI claim data
the pandemic. The threat level, while lower          for enhanced detection and prevention of UI
than at the peak of the pandemic, remains            fraud and other improper payments. Given the
significant. Therefore, the regular UI program       risks associated with the amount of CARES
continues to be at risk, underscoring the urgent     Act funding and previous issues with program
need for improved security measures and fraud        expansions, we conducted an audit focused on
prevention strategies.                               ETA’s oversight of UI program integrity in three
                                                     key CARES Act programs.
 The OIG’s Office of Investigations
 continues to see the same fraud                     Overall, we found ETA needs to improve its
 typologies being committed by                       oversight of NASWA’s IDH. During this reporting
 sophisticated cyber-enabled bad actors              period, we issued a memorandum to ETA on
 and criminal enterprises that it combatted          three specific matters for their attention. We
 during the pandemic.                                anticipate that other ongoing and future work will
                                                     address the remaining areas of focus. The three
Key & Associates made three recommendations          matters were: (1) ETA did not ensure an initial
to ETA to improve oversight of the UI program,       assessment of NASWA’s IDH was performed in
including by documenting lessons learned for         compliance with federal requirements, (2) ETA
use in providing legislative technical assistance    did not provide documentation it had evaluated
and operational guidance to Congress and             NASWA’s security assessment reports, and
the states on any future emergency programs.         (3) the IDH was less effective at identifying
The recommendations also included issuing            potentially improper multistate claims when
guidance to states about and working with            compared to the OIG’s data. For the third
congressional stakeholders regarding the             matter, NASWA’s IDH identified 39.7 percent of
urgency of the expiring statute of limitations for   the potentially improper multistate claims when
crimes related to pandemic UI fraud.                 compared to those we identified for the same
                                                     states using NASWA’s multistate methodology.
For more information, go to https://www.oig.
dol.gov/public/reports/oa/2023/19-23-014-            Based on our analysis, the limited effectiveness
03-315.pdf, Report No. 19-23-014-03-315              of NASWA’s IDH in identifying potentially
(September 27, 2023).                                improper payments, including fraud, is further
                                                     compounded by the fact that the IDH lacks

66                                      Semiannual Report to Congress | April 1, 2023–September 30, 2023
                           Worker and Retiree Benefit Programs

consistent, regular participation of enrolled           Alert Memorandum: ETA Needs
states. ETA maintained it did not have the              to Incorporate Data Analytics
authority to require states to participate in the       Capability to Improve Oversight of the
IDH, nor did ETA have an alternate means of
                                                        Unemployment Insurance Program
meeting the same program integrity objectives
when a state opted out of participation. As such,
                                                        The rapid expansion and substantial increase
state UI programs dependent on NASWA’s
                                                        in UI benefits during the COVID-19 pandemic
IDH as a tool for reducing improper payments
                                                        significantly increased the risk for fraud,
are vulnerable to under-detecting potentially
                                                        waste, and abuse in UI programs. The OIG
improper payments, including fraud.
                                                        has identified nearly $1.3 billion in potentially
                                                        fraudulent UI payments made during the
We made three recommendations to ETA to
                                                        pandemic in two high-risk age categories,
improve oversight and functionality of the IDH:
                                                        to individuals with Social Security numbers:
implementing a process to ensure required and
                                                        (1) of children under the age of 14 and (2) of
timely reviews of IDH, completing an evaluation
                                                        elderly persons 100 years of age or older.
on IDH effectiveness, and working with NASWA
                                                        We previously identified more than $45.6 billion
to determine the best threshold for flagging
                                                        in potentially fraudulent UI pandemic benefits
multistate claims.
                                                        paid in 4 other high-risk areas.116 Our latest
                                                        analysis brings the cumulative total amount
For more information, go to https://www.oig.
                                                        of potentially fraudulent payments to more
dol.gov/public/reports/oa/2023/19-23-011-03-
                                                        than $46.9 billion in the 6 high-risk areas
315.pdf, Report No. 19-23-011-03-315
                                                        (see Figure 6).
(September 22, 2023).

      Figure 6: Six High-Risk Areas for Potential UI Fraud Identified by the OIG




Source: OIG data analysis of state UI claims data


116 Alert Memorandum: Potentially Fraudulent Unemployment Insurance Payments in High-Risk Areas Increased to
$45.6 Billion, Report No. 19-22-005-03-315, (September 21, 2022), available at:
https://www.oig.dol.gov/public/reports/oa/2022/19-22-005-03-315.pdf

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                          67
                           Worker and Retiree Benefit Programs

We are concerned that ETA currently does not               We made three recommendations to ETA to:
have direct access to state UI claims data. ETA            obtain direct access to UI claims from all states,
also does not have the capability to analyze               create an integrity program with a data analytics
said data, which would allow it to better identify         capability, and establish effective controls to
fraud and other improper payments, as well                 mitigate fraud and other improper payments to
as other trends or emerging issues, such as                ineligible claimants in high-risk age categories.
timeliness or equity.
                                                           For more information, go to https://www.oig.
To assist states in their efforts to improve               dol.gov/public/reports/oa/2023/19-23-012-
integrity in the UI program, DOL encourages                03-315.pdf, Report No. 19-23-012-03-315
states to use tools available from the UI                  (September 25, 2023).
Integrity Center,117 including the IDH. However,
states are not required to participate in the              COVID-19: Unemployment Relief for
IDH and those that do participate do so to                 Governmental Entities and Nonprofit
varying degrees—which has limited the IDH’s                Organizations Should Have Been
effectiveness. However, even if these limitations
                                                           Better Managed
were resolved, it would not relieve ETA from its
program oversight responsibilities.
                                                           Under the CARES Act and subsequent
                                                           legislation, $6.3 billion was funded to the
Ready access to UI claims data from all states
                                                           53 SWAs through the EURGENO program
and territories would enable ETA to ensure
                                                           (Figure 7). The program was created to
proper administration and provide sufficient
                                                           mitigate the economic effects of the COVID-19
oversight of the UI program. The results of our
                                                           pandemic for governmental entities and nonprofit
analysis in this and previous alert memoranda
                                                           organizations that reimburse states for eligible UI
show how effective and beneficial data analytics
                                                           benefits paid (reimbursing employers) between
can be in providing program oversight and
                                                           March 13, 2020, and September 6, 2021.
identifying trends to assist in combatting fraud.
                                                           Based on OIG audits of previous emergency
                                                           UI program implementation and funding, we
Ultimately, a data access and analytics
                                                           contracted with Rocha to conduct an audit
capability would allow ETA management to
                                                           addressing our concerns with ETA’s ability to
make better informed decisions about the UI
                                                           effectively and efficiently deploy UI funding under
program and help mitigate the risk of improper
                                                           the EURGENO program. We found ETA and
payments, including fraud. Such a capability
                                                           states did not effectively execute EURGENO or
would also prepare ETA for future emergency UI
                                                           ensure full compliance with related provisions
programs where hundreds of billions in federal
                                                           of the CARES Act and subsequent legislation.
dollars could be at risk.
                                                           Consequently, reimbursing employers faced


117 The UI Integrity Center is a joint federal-state initiative funded by DOL and operated by NASWA. NASWA is the
national organization representing all of the state workforce agencies and whose mission is to enhance the state
workforce agencies’ abilities to accomplish their goals, statutory roles, and responsibilities.

68                                          Semiannual Report to Congress | April 1, 2023–September 30, 2023
                          Worker and Retiree Benefit Programs

                 Figure 7: EURGENO Funding and Refund/Credit Process




Source: Rocha graphical representation of EURGENO, including state, ETA, and Treasury procedures as well as flow
of funding


Semiannual Report to Congress | April 1, 2023–September 30, 2023                                               69
                           Worker and Retiree Benefit Programs

delays in receiving pandemic relief and states             As a result, states received millions in
received millions in federal funding that should be        funding that needs to be returned to the
returned to the federal government.                        federal government. ETA needs to perform a
                                                           reconciliation to determine the exact amount
Rocha assessed ETA’s oversight, performed                  of ineligible funds; however, Rocha identified
in-depth testing for 6 states118 (the States of:           approximately $29 million in questioned costs in
Hawaii, Illinois, Mississippi, Oklahoma, Vermont,          the 6 states alone.
and West Virginia) and surveyed 47 other SWAs.
Guidance from OMB advised states to prioritize             To improve oversight of the UI program, we
expediency; however, Rocha found the 6 states              recommended that ETA obtain evidence from
did not consistently provide refunds or credits to         the states that ensures all EURGENO refunds
reimbursing employers in less than 30 days,                and credits to which reimbursing employers
with 1 state taking over a year. Also, three of            are entitled have been provided. We also
six states issued bills to reimbursing employers           recommended that ETA work with states to
that did not reflect EURGENO credits, resulting            reconcile remaining balances that factor in both
in reimbursing employers overpaying states.                actual EURGENO relief and excess EURGENO
These issues were attributed to state challenges           relief provided due to the impact of other UI
in implementing new UI programs, legacy IT                 or CARES Act provisions or fraud. Lastly,
systems, insufficient monitoring by ETA, and               we recommended ETA determine the proper
untimely notifications to eligible employers about         disposition of excess funds and take necessary
available EURGENO pandemic relief funds.                   actions, including recovery of questioned costs.

 To improve oversight of the UI program,                   For more information, go to https://www.oig.
 we recommended that ETA obtain                            dol.gov/public/reports/oa/2023/19-23-010-
 evidence from the states that ensures all                 03-315.pdf, Report No. 19-23-010-03-315
 EURGENO refunds and credits to which                      (September 21, 2023).
 reimbursing employers are entitled have
 been provided.                                            COVID-19: Audit of State Workforce
                                                           Agencies’ Information Technology
Further, Rocha found the six states received               Systems Capability in Processing
funding associated with ineligible benefit weeks,
                                                           Unemployment Insurance Claims
including weeks covered by another CARES Act
provision. This resulted from ETA not providing
                                                           State preparedness, specifically the issues
sufficient guidance or monitoring reviews to
                                                           of staffing and system capabilities, is a core
ensure compliance with program requirements.
                                                           concern for the OIG. Based on our concern,
Additionally, the states were provided funds
                                                           we contracted with GenTech Associates
based on claims later identified as fraudulent.
                                                           (GenTech) to conduct a performance audit



118 The six states were selected based on an OIG risk analysis.

70                                          Semiannual Report to Congress | April 1, 2023–September 30, 2023
                            Worker and Retiree Benefit Programs

to determine to what extent the capability of                ETA relies on several stakeholders to assist
SWAs’ UI IT systems impacted their ability to                SWAs with UI IT system modernization
timely and accurately process UI claims from                 initiatives and has partnered with NASWA’s
March 27, 2020, through April 6, 2021, including             UI Information Technology Service Center
pandemic-related claims. GenTech identified no               for this purpose. Personnel from NASWA’s UI
material findings that the OIG had not previously            Information Technology Service Center stated
reported to ETA. Additionally, DOL has begun                 to GenTech that the service center provides
significant efforts in the UI IT modernization119            recommendations to SWAs but has no authority
area. However, GenTech did identify one issue                to enforce the recommendations.
for ETA management’s attention: specifically,
ETA could improve its oversight of SWA                       In providing this memorandum to ETA,
progress in modernizing UI IT systems.                       the OIG considered this audit closed. No
                                                             recommendations were issued, and no official
GenTech identified that, historically, ETA did               management response was required of ETA.
not evaluate the capability of SWAs’ UI IT                   The memorandum, however, does not preclude
systems to successfully administer UI benefits.              the OIG from conducting a follow-up audit of
Further, ETA did not have sufficient information             this subject at a later date. We plan to perform
to know which SWAs’ UI IT systems posed the                  follow-on work in the area of UI IT modernization
greatest risk of failing. This lack of sufficient            to determine the impact of DOL’s efforts on
information happened because ETA did not                     improving the efficient deployment of UI benefits,
require SWAs to develop UI IT modernization                  including readiness for future emergencies.
plans with the following three elements to
represent a future-ready approach: baseline                  For more information, go to https://www.oig.
architecture,120 target architecture,121 and a               dol.gov/public/reports/oa/2023/19-23-008-
transition plan to reach the target architecture.            03-315.pdf, Report No. 19-23-008-03-135
For example, only 1 of 10 SWAs reviewed had                  (September 19, 2023).
developed or implemented UI IT modernization
plans that improved the timeliness or accuracy               ETA Did Not Provide Adequate
of UI benefits processing. The surveyed SWAs                 Oversight of Emergency
reported similar results: only 14 of 38 reported             Administrative Grants
implementation of an IT modernization plan
with a future-ready approach.                                On March 18, 2020, Congress provided
                                                             $1 billion in emergency administrative grants


119 IT modernization refers to an organization’s efforts to upgrade legacy IT systems and to ensure that existing IT
systems do not become legacy systems. Legacy IT systems are those that are past their lifecycle end date for either
technical or business reasons.
120 Baseline architecture refers to an organization’s existing IT systems and infrastructure.
121 Target architecture refers to an organization’s description of future IT systems and infrastructure that would
replace the organization’s baseline architecture.

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                                     71
                           Worker and Retiree Benefit Programs

through Division D of the Families First                    administrative grants to administer UI programs.
Coronavirus Response Act, the Emergency                     These funds were monitored through single
Unemployment Insurance Stabilization and                    audits that did not disclose how states used the
Access Act of 2020 (EUISAA). The act provided               funds. For example, in a review of the single audit
states with temporary flexibility to modify                 reports for five states, we found only one of the
their unemployment compensation laws and                    five states had a single audit report disclosing
additional administrative funding to respond                the amount of emergency administrative grant
to the economic downturn caused by the                      funds spent and that report did not disclose
COVID-19 pandemic. We conducted an audit                    how states spent the funds. Single audit
to determine if DOL, through ETA, provided                  reports for the remaining four states made no
adequate oversight of emergency administrative              mention of the emergency administrative grants,
grants authorized under EUISAA. We found                    despite the states withdrawing their emergency
ETA did not provide adequate oversight of the               administrative grant funds.
emergency administrative grants.
                                                            The circumstances surrounding the provisions
Specifically, ETA did not verify if states were             of emergency administrative grants created a
qualified for the grants before transferring all            high risk of misuse. Consequently, $1 billion in
grant funds to the states’ accounts. According to           taxpayer dollars were vulnerable to misuse. We
ETA, verification did not occur because the states          made three recommendations to ETA to improve
urgently needed to address the increase in UI               the future administration of emergency grants.
claims caused by the pandemic. Consequently,
ETA relied on states’ self-attestations of                  For more information, go to https://www.oig.
compliance with EUISAA requirements to qualify              dol.gov/public/reports/oa/2023/19-23-006-
them for the grants. ETA did not require states to          03-315.pdf, Report No. 19-23-006-03-315
submit documentation supporting compliance with             (July 27, 2023).
the requirements until after the states received
their total share of the $1 billion in emergency            Tracking the Department of Labor’s
administrative grant funds. As a result, for the            Unemployment Insurance Response
14 states we reviewed, we identified more than              to Local Communities During 		
$136 million as questioned costs.
                                                            the Pandemic
We also found ETA could not provide reasonable
                                                            The PRAC122 led a two-phased review to identify
assurance states used the emergency
                                                            the federal pandemic funds distributed to local




122 The PRAC was created by the CARES Act to support and coordinate independent oversight of more than $5
trillion in pandemic relief programs and spending. For more information, visit: https://www.PandemicOversight.gov/.

72                                           Semiannual Report to Congress | April 1, 2023–September 30, 2023
                            Worker and Retiree Benefit Programs

communities123 across the United States as of                workers impacted by the pandemic, including
September 30, 2021, and to determine if the                  workers not usually eligible for benefits: PUA,
spending of the funds aligned with program                   PEUC, FPUC, and TFFF. One community
goals. In support of this review, the OIG                    also received funding from the Mixed Earner
conducted an evaluation of DOL’s UI response                 Unemployment Compensation program.
to the COVID-19 pandemic. We specifically
evaluated DOL programs that expanded UI                      Under an agreement with DOL, SWAs made
benefits for workers who were impacted by the                the pandemic-related UI payments to claimants
pandemic. Our evaluation included any benefits               and DOL made funding available to cover the
that claimants received from these programs,                 cost of the payments, ongoing administrative
as reported by the states. These programs were               needs, and reasonable implementation costs.
selected based on federal spending research                  For the period of March 27, 2020, through
and program funding amounts.                                 September 6, 2021, the OIG identified more
                                                             than 33,400 UI beneficiaries across the
All six communities implemented at least four                6 communities; collectively, they received over
pandemic UI programs that sought to assist                   $516 million (see Table 3).124

                Table 3: Total Pandemic-Related UI Benefits in the Six Communities,
                             March 27, 2020, through September 6, 2021

                                                                                                 Average Benefit
Program                           Total Benefits Paid               Total Claimants
                                                                                                   Per Claimant
FPUC                                      $323,248,650                         33,329                        $9,699

PUA                                       $118,434,214                           7,893                      $15,005

PEUC                                       $74,352,092                          10,192                       $7,295

MEUC*                                           $13,900                               4                      $3,475

Total                                     $516,048,856                       33,433125                      $15,435
*Mixed Earner Unemployment Compensation
Source: OIG Data Analysis of SWA Claims Data



123 The PRAC selected six locations for review across three types of geographic areas (two small-to-medium
sized cities, two rural counties, and two Tribal areas). The following six locations were selected: Springfield,
Massachusetts; Coeur d’Alene, Idaho; Marion County, Georgia; Sheridan County, Nebraska; White Earth
Reservation in Minnesota; and Jicarilla Apache Reservation in New Mexico.
124 The data provided by the states was insufficient to calculate the amount of TFFF benefits paid to individuals.
125 Individual claimants could receive benefits from multiple pandemic-related UI programs.

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                                     73
                         Worker and Retiree Benefit Programs

This work applies to our efforts performed              including family members and close friends, in a
during the first phase of the PRAC review,              conspiracy that specifically targeted UI benefits
which focused on identifying the UI program             expanded to offset the economic impacts of the
funding provided to local communities to help           COVID-19 pandemic. To obtain these benefits,
them respond to the pandemic. For additional            she and others filed false and misleading UI
information on federal pandemic funds provided          applications in the names of identity theft
to the six communities from DOL and nine other          victims, co-conspirators, and inmates of state
participating federal agencies, see the PRAC’s          and federal prisons.
report, “Tracking Pandemic Relief Funds that
Went to Local Communities Reveals Persistent            To further their conspiracy, Huffman and
Data Gaps and Data Reliability Issues,” issued          others identified addresses in each of the
on July 6, 2023.126                                     targeted states in which they falsely claimed
                                                        the applicants lived and worked. She also
For more information, go to https://www.oig.            opened a post office box in the Commonwealth
dol.gov/public/reports/oa/2023/19-23-007-               of Virginia in the name of a fictitious nonprofit
03-315.pdf, Report No. 19-23-007-03-315                 organization, to which she directed the targeted
(July 10, 2023).                                        SWAs to mail the prepaid debit cards. Huffman,
                                                        who was then employed as a registered nurse
Former Federal Employee Sentenced                       at a U.S. Department of Veterans Affairs
to 18 Years in Prison for Leading                       Medical Center in Richmond, Virginia, used
                                                        her work computer to research available UI
$3.5 Million Pandemic Unemployment
                                                        benefits, file and access fraudulent UI claims,
Insurance Fraud Scheme
                                                        and falsify documents.

On August 23, 2023, Heather Ann Huffman,
                                                        In total, Huffman and her conspirators submitted
a former registered nurse employed with the
                                                        more than 220 fraudulent UI claims in the
U.S. Department of Veterans Affairs, was
                                                        names of more than 120 individuals to at least
sentenced in the Commonwealth of Virginia to
                                                        five different SWAs through which they sought
18 years in prison for her role in a conspiracy
                                                        to receive more than $3.5 million and actually
to defraud at least five SWAs of more than
                                                        obtained more than $2 million.
$3.5 million in pandemic-related UI benefits.
She was also ordered to pay more than 		
                                                        Huffman’s sentencing was originally scheduled
$2 million in restitution to multiple SWAs jointly
                                                        for November 2022, but she failed to appear
with her co-conspirators.
                                                        that day without notice or explanation. Prior to
                                                        her disappearance, she took measures to flee
From April 2020 through at least March 2021,
                                                        prosecution, conceal her whereabouts, and
Huffman led and organized several others,


126 PRAC, Tracking Pandemic Relief Funds that Went to Local Communities Reveals Persistent Data Gaps and
Data Reliability Issues, Report No. PRAC-2023-04 (July 6, 2023), available at:
https://www.pandemicoversight.gov/media/file/practracking-pandemic-relief-fundsimpact-phase-i0pdf

74                                        Semiannual Report to Congress | April 1, 2023–September 30, 2023
                           Worker and Retiree Benefit Programs

obtain the PII of another individual. Huffman               for UI benefits with the State of California’s
assumed the individual’s identity and procured              Employment Development Department. Demola
counterfeit government identification and                   also obtained the PII of identity theft victims and
credit cards in the name of her false alias.                filed fraudulent UI applications in their names.
An extensive joint investigation with the U.S.              Once the fraudulent applications were approved
Department of Veterans Affairs OIG and the                  by the Employment Development Department,
United States Marshals Service uncovered                    members of the conspiracy received
evidence that the defendant was living and                  Employment Development Department-funded
working under a false identity as a registered              debit cards that allowed them to withdraw
nurse in the State of Kansas. Representatives               money from ATMs across Southern California.
from the United States Marshals Service
Fugitive Task Force arrested Huffman on                     This is a joint investigation with the El Camino
March 4, 2023, in Lenexa, Kansas.                           Real Financial Crimes Task Force, a multi-agency
                                                            task force led by Homeland Security
This is a joint investigation with U.S. Department          Investigations that includes federal and state
of Veterans Affairs OIG. United States v.                   investigators who are focused on financial
Huffman et al. (E.D. Virginia)                              crimes in Southern California. United States v.
                                                            Natalie Le Demola et al. (C.D. California)
Convicted Murderer Who Ran 		
$1.5 Million COVID-19 Jobless Benefits                      Two Members of Robles Park127
Fraud from Behind Bars Sentenced to                         Criminal Enterprise Sentenced for
7 Years in Federal Prison                                   Roles in Racketeering Conspiracy
                                                            that included Pandemic-Related
On July 10, 2023, Natalie Le Demola, who is                 Unemployment Insurance Fraud
currently serving a life sentence in state prison
for murder, was sentenced to 84 months in                   On June 6, 2023, Keaujay Hornsby, also
federal prison, to be served consecutively,                 known as “Plug,” was sentenced to 201 months
and ordered to pay more than $933,000 in                    in prison in connection with his May 2022
restitution for leading a pandemic-related                  guilty plea to numerous charges, including
benefits scheme from behind bars, involving                 racketeering conspiracy in furtherance of a
more than $1.5 million in UI benefits.                      criminal enterprise known as Robles Park,
                                                            assault with a dangerous weapon in aid of
From June 2020 until April 2021, Demola                     racketeering, and aggravated identity theft. On
and her co-conspirators acquired the PII of                 the same date, Kareem Spann, also known as
individuals ineligible for UI benefits as they were         “Reem,” was sentenced to 130 months in prison
either employed, retired, or incarcerated. They             in connection with his February 2023 guilty plea
used the PII to file fraudulent online applications


127 Robles Park is a criminal organization whose members and associates engaged in acts involving murder, assault,
intimidation, narcotics trafficking, access device fraud, identity theft, obstruction of justice, and other crimes.

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                                 75
                        Worker and Retiree Benefit Programs

to numerous charges, including racketeering          Additionally, in March 2020, following the
conspiracy in furtherance of Robles Park,            pandemic-related expansion of UI benefits,
assault with a dangerous weapon in aid of            Johnson and co-conspirators used the PII of
racketeering, and conspiracy to commit fraud.        victims without their knowledge to apply for and
                                                     receive UI benefits. The benefits were loaded
In addition to committing violent and drug crimes,   onto prepaid debit cards delivered to addresses
Hornsby and Spann obtained the PII of others         to which Johnson and others had access.
to submit fraudulent applications for UI benefits.   Johnson and his co-conspirators then obtained
More than $420,000 in UI benefits were paid to       the debit cards and withdrew the fraudulently
Robles Park members in the form of debit cards       obtained funds and used the funds to purchase
issued in the names of identity theft victims who    United States Postal Service money orders.
did not provide their PII, or permission to use      Johnson and his co-conspirators are linked to
their PII, to Robles Park members.                   at least $1.9 million in attempted fraudulent UI
                                                     claims submitted to 19 different SWAs.
This was a joint investigation with the Federal
Bureau of Investigation (FBI) and the Tampa           The benefits were loaded onto prepaid
Police Department. United States v. Keaujay           debit cards delivered to addresses to
Hornsby (M.D. Florida), United States v. Kareem       which Johnson and others had access.
Spann (M.D. Florida)                                  Johnson and his co-conspirators then
                                                      obtained the debit cards and withdrew the
International Firearms Dealer Involved                fraudulently obtained funds and used the
in $1.9 Million COVID-19 Fraud                        funds to purchase United States Postal
                                                      Service money orders.
Scheme Sentenced to More Than
7 Years in Prison
                                                     This was a joint investigation with the U.S.
                                                     Postal Inspection Service; U.S. Department of
On April 19, 2023, Daniel Ira Johnson, also
                                                     Commerce Bureau of Industry and Security;
known as “Shotta” also known as “Lajon Black,”
                                                     Homeland Security Investigations; the Bureau of
was sentenced to 90 months in prison for
                                                     Alcohol, Tobacco, Firearms, and Explosives; and
shipping firearms to the United Kingdom and
                                                     the National Crime Agency of the United Kingdom.
committing wire fraud and aggravated identity
                                                     United States v. Johnson (M.D. Florida)
theft in connection with receiving fraudulently
obtained COVID-19 pandemic UI relief
payments. Johnson was also ordered to pay            Virginia Man Sentenced to 7 Years in
restitution totaling more than $580,000.             Prison for Role in Pandemic-Related
                                                     Unemployment Insurance Fraud, Mail
In December 2019 and January 2020, Johnson           Theft, and Bank Fraud Schemes
shipped firearms to a co-conspirator in Rugby,
England, concealing them in a safe, wrapping         On June 14, 2023, Eric Wilhoit II was sentenced to
them to avoid detection, and declaring them          84 months in prison for conspiring to fraudulently
to be “car parts” on customs paperwork.              obtain pandemic UI benefits and for his role

76                                      Semiannual Report to Congress | April 1, 2023–September 30, 2023
                         Worker and Retiree Benefit Programs

in a mail theft and bank fraud scheme. Wilhoit        Maryland Men Sentenced to Over
was also ordered to pay more than $1.7 million        9 Years in Prison for Conspiracy to
in restitution to the Virginia Employment             Obtain More than $1 Million in COVID-19
Commission (the SWA for the Commonwealth of
                                                      Unemployment Insurance Benefits and
Virginia) jointly with his co-conspirators.
                                                      Other Pandemic Relief Loans
From May 2020 through January 2022, Wilhoit
                                                      On June 26, 2023, Jerry Phillips was sentenced
conspired with family members and others to
                                                      to 84 months in prison for his role in a federal
fraudulently obtain more than $1.7 million in
                                                      wire fraud conspiracy, aggravated identity theft,
pandemic-related UI benefits by applying in the
                                                      and illegal possession of a machine gun related
names of identity theft victims and others who
                                                      to a scheme to fraudulently obtain more than
were ineligible to receive UI benefits. Wilhoit
                                                      $1 million in pandemic-related benefits, including
instructed his co-conspirators on how to make
                                                      UI benefits and loans related to the PPP and
the fraudulent UI claims. The group then used
                                                      EIDL program. Phillips was also ordered to
virtual private networks and false or anonymized
                                                      pay restitution totaling more than $1.2 million.
email addresses in an attempt to hide the fraud.
                                                      Additionally, his brother, Jaleel Phillips, who
Each member of the conspiracy recruited others
                                                      previously pled guilty to his role in the wire fraud
to use their physical addresses to receive prepaid
debit cards that contained UI benefits. Wilhoit
and his co-conspirators then made significant
cash withdrawals from the prepaid debit cards
and purchased luxury goods and at least one
firearm with the UI benefits. Specifically, Wilhoit
and one co-conspirator purchased a diamond
ring, a Chanel purse, Christian Louboutin shoes,
and many other items.

Additionally, Wilhoit was involved in a separate
mail and bank fraud scheme led by two 		
co-conspirators. One co-conspirator stole
checks from United States Postal Service
collection boxes and provided the checks or
personal information from the checks to the
other co-conspirator, who then used the
information to create counterfeit checks or in
furtherance of other fraudulent activity. Wilhoit
recruited individuals to provide their bank
                                                        During the execution of a UI fraud search warrant, OIG
accounts for depositing the fraudulent checks.           agents recovered a ballistic vest, UI debit cards, and
                                                        deadly weapons, including three ghost guns, which are
This is a joint investigation with the FBI. United       privately made, non serialized firearms purchased in
States v. Wilhoit et al. (E.D. Virginia)              individual parts and then assembled that are untraceable.

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                            77
                            Worker and Retiree Benefit Programs

conspiracy, was sentenced on June 22, 2023,                 parts and then assembled that is untraceable.
to 30 months in federal prison and ordered to               Phillips illegally modified one of the ghost guns
pay restitution.                                            into a machine gun capable of firing multiple
                                                            rounds with one pull of the trigger.
From March 2020 to February 2022, the
Phillips brothers conspired with at least one other         This is a joint investigation with the Internal
person to fraudulently obtain COVID-19-related              Revenue Service–Criminal Investigation, Federal
benefits through falsified PPP loan applications,           Deposit Insurance Corporation OIG, and the
EIDL applications, and UI claims. Phillips and his          U.S. Small Business Administration OIG. United
coconspirators created aliases, used the PII of             States v. Jerry Phillips (D. Maryland)
identity theft victims, and used defunct corporate
entities or new business entities with no actual            Georgia Man Sentenced for Laundering
business operations to fraudulently apply for               Proceeds Derived from the Submission
UI benefits and various PPP and EIDL loans.                 of Fraudulent Unemployment Claims in
Among other purchases, Jerry Phillips used more
                                                            Multiple States
than $65,000 of the fraudulently obtained funds
to purchase a 2020 Chevrolet Camaro.
                                                            On June 14, 2023, Oluwagbemiga Otufale
                                                            was sentenced to 84 months in prison after
                                                            pleading guilty for his role in a money laundering
                                                            conspiracy. Otufale was also ordered to pay
                                                            almost $500,000 in restitution to various SWAs.
                                                            Otufale laundered money obtained from the
                                                            submission of fraudulent UI claims filed in
                                                            multiple states by other individuals using the
                                                            stolen PII of more than 50 identity theft victims.
                                                            He also laundered proceeds from a business
                                                            email compromise scheme targeting two
     Various cards and fraudulent identity documents
       seized from a safe during the execution of a
                                                            businesses in the State of Georgia.
      residential search warrant. The cards and IDs
     were in the names of false identities created for      Otufale created multiple aliases and sham
       the purpose of filing for COVID-19 benefits.         business entities to open financial accounts
                                                            into which he deposited fraudulent proceeds
A search of Phillips’ residence recovered more
                                                            and from which he withdrew cash. In total, he
than 25 fake driver’s licenses from multiple
                                                            laundered approximately $2.6 million in fraud
states and multiple identification documents
                                                            proceeds through at least 6 bank accounts.
from different jurisdictions with the same alias.
Law enforcement also recovered four “ghost
                                                            This was a joint investigation with the FBI,
guns,” which Jerry Phillips purchased online
                                                            U.S. Postal Inspection Service, and Homeland
using an alias. A ghost gun is a privately made,
                                                            Security Investigations. United States v.
non-serialized firearm purchased in individual
                                                            Oluwagbemiga Otufale (N.D. Georgia)

78                                             Semiannual Report to Congress | April 1, 2023–September 30, 2023
                         Worker and Retiree Benefit Programs

California Man Sentenced to Prison for                 parcel of land in the State of Vermont; at least
$1.6 Million Unemployment Scam                         eight alpacas; almost $110,000 seized from
                                                       a bank account; and a classic 1950 Hudson
On August 18, 2023, Idowu Hashim Shittu, was           automobile. McIntrye was sentenced pursuant to
sentenced to 30 months in prison for fraudulently      his April 2023 guilty plea to four counts of wire
obtaining more than $1.6 million in pandemic-related   fraud and three counts of money laundering.
UI benefits from numerous SWAs.
                                                       McIntyre is the former owner of Rasta Pasta
In July 2020, law enforcement officers executed        Pizzeria in Beverly, Massachusetts. In March
a search warrant at Shittu’s residence and             2020, he used the names of his adult children
discovered more than $500,000 in cash.                 to submit two fraudulent applications to the
Officers also found more than 400 reloadable           U.S. Small Business Administration for EIDLs
bank cards issued in the names of others, which        for businesses that did not exist. Beginning in
were loaded with more than $1.6 million in UI          April 2020, McIntyre submitted an application
benefits from various SWAs.                            and weekly certifications in order to receive
                                                       PUA benefits. In these filings, McIntyre
The investigation revealed that Shittu obtained        falsely claimed that he was not working or
these reloadable debit cards between at least          receiving income because of the pandemic
April through July 2020 and used them for his          while McIntyre was, in fact, still operating the
personal use. Shittu did not know the victims          restaurant and paying himself income from the
to whom the UI benefits were issued, nor did           business. By September 2020, when McIntyre
he obtain their consent before using the cards.        sold the restaurant, he had received more than
Shittu made cash withdrawals and paid for              $17,000 in PUA and related benefits to which
service on his luxury automobile.                      he was not entitled.

This was a joint investigation with the FBI.           In April 2020, McIntyre submitted a fraudulent
United States v. Idowu Hashim Shittu                   application for a PPP loan of more than
(N.D. California)                                      $660,000 through an U.S. Small Business
                                                       Administration-approved lender. After
Former Massachusetts Pizzeria Owner                    receiving a PPP loan of more than $660,000,
                                                       he sold the restaurant and used nearly all
Sentenced to 2 Years in Prison for
                                                       the funds to purchase a farm in the State of
COVID-19 Fraud                                         Vermont, alpacas, vehicles, and airtime for his
                                                       cryptocurrency-themed radio show.
On August 30, 2023, Dana McIntyre was
sentenced to 24 months in prison and ordered
                                                       This was a joint investigation with the FBI, the
to pay more than $675,000 in restitution to the
                                                       Internal Revenue Service–Criminal Investigation,
Commonwealth of Massachusetts’ Department
                                                       and the U.S. Department of Housing and Urban
of Unemployment Assistance and an approved
                                                       Development OIG. United States v. Dana L.
PPP lender. He was also ordered to forfeit: a
                                                       McIntyre (D. Massachusetts)


Semiannual Report to Congress | April 1, 2023–September 30, 2023                                     79
                            Worker and Retiree Benefit Programs


      Office of Workers’ Compensation Programs
     The Office of Workers’ Compensation Programs (OWCP) administers four major workers’ compensation
     programs: Federal Employees’ Compensation Act (FECA), Energy Employees Occupational Illness
     Compensation (Energy), Black Lung Benefits, and Longshore and Harbor Workers’ Compensation.

     FECA is the largest of the programs and provides workers’ compensation coverage to millions of federal,
     postal, and other employees for work-related injuries and illnesses. Benefits include wage replacement,
     payment for medical care, vocational rehabilitation, and survivor benefits.


Nine Defendants Sentenced to                                  •   Dr. James Don Jackson: 60 months in prison
More than 760 Months Combined                                     and more than $1.6 million;
Imprisonment in a $126 Million                                •   Nirvana Hightower: 60 months in prison and
Pharmaceutical Compounding                                        approximately $19.9 million;
Fraud Scheme                                                  •   Keith Hudson: 36 months in prison and
                                                                  approximately $13.7 million;
In April 2023, nine defendants—including three                •   Audra Jones: 30 months in prison and
compounding pharmacy128 owners, a physician,                      approximately $18.9 million;
two pharmacists, and three patient recruiters—
                                                              •   Sherod Johnson: 18 months in prison and
were sentenced for their roles in a years-long,
                                                                  approximately $939,000; and
multistate scheme to defraud OWCP and
TRICARE129 of nearly $126 million. The nine                   •   Terrance Aice: 18 months and approximately
defendants were sentenced and ordered to pay                      $939,000.
joint and several restitution130 as follows:
                                                              Cruise and his co-conspirators submitted false
•     John Cruise: 240 months in prison and
                                                              and fraudulent claims to OWCP and TRICARE
      approximately $32 million;
                                                              for prescriptions for compounded and other
•     Lashonia Johnson: 180 months in prison and              drugs prescribed for injured federal workers and
      more than $32 million;                                  members of the armed forces. The defendants
•     Kenny Ozoude: 120 months in prison and                  also paid kickbacks to patient recruiters and
      approximately $19.9 million;                            physicians to prescribe these drugs.




128 Generally, compounding is a practice in which a licensed pharmacist or physician combines ingredients of a
drug to create a medication tailored to the needs of an individual patient.
129 TRICARE is the health care program for uniformed service members, retirees, and their families around the
world.
130 Joint and several restitution is when two or more parties are jointly and severally liable for a criminal act, each
party is independently liable for the full extent of the injuries stemming from the criminal act.

80                                             Semiannual Report to Congress | April 1, 2023–September 30, 2023
                        Worker and Retiree Benefit Programs

In furtherance of the scheme, the defendants          From November 2012 through June 2019, he
chose the particular compounds and other              paid physicians’ remuneration or kickbacks to
medications not based on the patients’ medical        refer their patients’ compounding prescriptions
needs, but rather based on the reimbursement          to OK Compounding, LLC and One Stop
amount. The drugs were then mailed to patients        RX, LLC. Parks was aware that some of
even though they were often never requested,          the compounding prescriptions were paid
wanted, or needed by the patients.                    by federal health care programs, including
                                                      the FECA program. Specifically, the FECA
This is a joint investigation with the United         program was billed more than $1.18 million
States Postal Service OIG, U.S. Department of         in claims involving compounded medication
Defense OIG, and the United States Department         creams, of which more than $550,000 was
of Veterans Affairs OIG. United States v. John        paid out. In furtherance of the scheme, Parks
Cruise et al. (S.D. Texas)                            paid the prescribing physicians through bank
                                                      accounts he controlled and attempted to
Oklahoma Man Pled Guilty to Paying                    disguise the kickback payments by entering
Health Care Kickbacks                                 into agreements with physicians for purported
                                                      medical studies.
On June 27, 2023, Christopher R. Parks pled
guilty to one count of conspiracy to offer and        This is a joint investigation with the FBI,		
pay health care kickbacks in a scheme involving       U.S. Department of Defense OIG, Internal
the referral of compounding prescriptions             Revenue Service–Criminal Investigation, United
to compounding pharmacies in the State of             States Postal Service OIG, United States
Oklahoma where he was an owner and operator.          Department of Veterans Affairs OIG, and United
                                                      States Department of Health and Human
Parks was a joint owner and operator of OK            Services OIG. United States v. Christopher R.
Compounding, LLC, and One Stop RX, LLC.               Parks (N.D. Oklahoma)




Semiannual Report to Congress | April 1, 2023–September 30, 2023                                   81
Worker Safety, Health,
and Workplace Rights
                      Worker Safety, Health, and Workplace Rights


Occupational Safety and Health Administration
     The mission of the Occupational Safety and Health Administration (OSHA) is to ensure safe and healthful
     working conditions for workers by setting and enforcing workplace safety and health standards and by
     providing training, outreach, education, and assistance.


COVID-19: OSHA Needs to Do More                           even faster. Consistently high rates of injury
to Address High Injury Rates of                           and illness before and during the COVID-19
                                                          pandemic indicated that warehouses were and
Warehouse Workers
                                                          continued to be dangerous places to work. In
                                                          2021, the injury and illness rate was 5.5 per 100
OSHA’s mission is to ensure safe and healthful
                                                          employees, about double the 2.7 rate across all
working conditions for workers nationwide.
                                                          industries. Based on these risks, we conducted
This includes about 1.6 million workers at the
                                                          a performance audit to determine the extent
nation’s nearly 20,000 warehouses. Warehouse
                                                          to which OSHA has addressed high injury and
workers face hazards that can result in serious
                                                          illness rates at warehouses (before and during
injury due to powered industrial trucks, loaded
                                                          the COVID-19 pandemic).
pallets, and the repetitive movements involved.
These dangers can be compounded when
                                                          We found OSHA’s actions had not effectively
time-based delivery quotas are used to drive
                                                          addressed the high injury and illness rates
production goals. With high-speed fulfillment
                                                          occurring in warehouses. Despite consistently
of online orders becoming the industry
                                                          high injury and illness rates, OSHA conducted a
standard, some warehouse workers must work




84                                           Semiannual Report to Congress | April 1, 2023–September 30, 2023
                     Worker Safety, Health, and Workplace Rights

limited number of warehouse inspections: 3,762.
Also, 82 percent of these inspections were
unprogrammed, primarily driven by complaints
and referrals. In addition, OSHA did not target
nor inspect enough warehouses through its
Site-Specific Targeting programs, designed
to reach establishments with high injury and
illness rates. OSHA had limited controls in
place to ensure an adequate number of Site-
Specific Targeting inspections occurred and
did not timely monitor program activity to
determine how many proposed inspections
actually occurred until after the programs
ended. The number of establishments targeted
versus establishments inspected indicated the
programs resulted in very few inspections of                 Overall, OSHA collected minimal injury data
the targeted establishments, meaning workers                 from employers and did not effectively enforce
remain vulnerable to high rates of injury                    mandatory employer reporting, leaving workers
and illness.                                                 at risk to hazards that can result in serious
                                                             injury and illness.
Further, OSHA had limited visibility into the
numbers and types of injuries and illnesses                  To identify and address injuries and illnesses
occurring in warehouses, including those                     at warehouses, OSHA utilizes a variety of data
that classified themselves as online retailers.              sources. These sources all have individual
Regarding online retailers, OSHA was                         limitations, such as preventing OSHA from
unable to determine how many of these                        knowing at which establishments workers
establishments were warehouses. Online                       are exposed to workplace hazards. However,
retailers are not required to submit injury and              collectively, these data show the extent and
illness data unless the establishment had 250                persistence of certain hazards, such as
or more employees at any time during the prior               overexertion and musculoskeletal disorders,131
year. However, the reporting non-compliance                  which OSHA has not sufficiently addressed.
rate in this industry for those that were required           Between 2016 and 2020, BLS reported a
to report was 46 percent, limiting OSHA’s                    total of 99,860 injuries and illnesses involving
view of injuries and potentially impacting the               one or more day(s) away from work in the
effectiveness of OSHA’s enforcement program.                 warehousing and storage industry, of which



131 OSHA defined overexertion/bodily reaction as injuries resulting from motions such as lifting, bending, reaching,
or slipping without falling. A musculoskeletal disorder is a disease that affects the muscles, nerves, blood vessels,
ligaments, and tendons, incurred by lifting heavy items, bending, reaching overhead, pushing and pulling heavy
loads, working in awkward body postures, and repetitive tasks.

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                                   85
                       Worker Safety, Health, and Workplace Rights

               Figure 8: BLS-reported Warehouse Injuries by Events, 2016-2020




Source: BLS Occupational Injuries and Illnesses and Fatal Injuries Profiles
Note, for an accessible version of this figure, please see the report’s Exhibit 2, Figure 2.


47 percent were attributed to overexertion/                     program; and an improved enforcement strategy
bodily reaction (see Figure 8).                                 for employer reporting compliance and data use.

These compelling data demand focused                            For more information, go to https://www.oig.
attention and more enforcement activity to better               dol.gov/public/reports/oa/2023/19-23-013-
protect workers at warehouses nationwide.                       10-105.pdf, Report No. 19-23-013-10-105
                                                                (September 27, 2023).
As a result of these issues, warehouse workers
were at increased risk. The consistently high                   COVID-19: OSHA Needs to Strengthen
injury and illness rates before and during the                  Its Process for Awarding Future
COVID-19 pandemic indicated that warehouse
                                                                Emergency Supplemental Funds to
workers were facing and continued to face
                                                                State Plans
hazards that can result in serious injuries and
illnesses. We made seven recommendations
                                                                ARPA provided OSHA with no less than
to OSHA to improve its efforts to ensure
                                                                $100 million in additional funding, of which
warehouse workers’ safety and health, including
                                                                no less than $5 million was allotted for
for updated criteria, and specific, measurable
                                                                enforcement activities related to COVID-19
inspection goals for the Site-Specific Targeting
                                                                at high-risk workplaces including health

86                                               Semiannual Report to Congress | April 1, 2023–September 30, 2023
                     Worker Safety, Health, and Workplace Rights

care, meat and poultry processing facilities,             State Plans received grant funding, which was
agricultural workplaces, and correctional                 ultimately $12.4 million out of the $16 million
facilities. A prior audit identified concerns with        initially apportioned for State Plan grants.135
the decreased level of COVID-19 inspections,
leaving U.S. workers’ safety at increased                 In addition, of the $12.4 million awarded, OSHA
risk. Therefore, we contracted with GenTech               awarded $7.5 million to a grant recipient with
Associates, Inc. to conduct a performance audit           known financial and reporting issues without
to determine if OSHA appropriately budgeted               establishing mitigating controls to help ensure
and expended ARPA funds to carry out 		                   the appropriate use and reporting of funds.
COVID-19-related worker protection activities.            OSHA did not follow proper grant application
                                                          procedures to determine if the state’s financial
Based on a review of 7 of the 10 ARPA program             system could track, account for, and report on
areas,132 GenTech found that, in general, OSHA            expenditures before awarding ARPA funds.
appropriately expended ARPA funds. However,               The inability of a grant recipient’s financial-
OSHA did not effectively manage the awarding              management system to provide past expense
process to maximize coverage across State                 reconciliations or submit prompt and accurate
Plans133 and had insufficient controls in place to        reports may have hindered OSHA’s timely
expend funds designated for State Plan grants.            detection and prevention of misused funds.

GenTech found OSHA neglected to adequately                GenTech made two recommendations to OSHA
coordinate with the Departmental Budget                   to: 1) develop a plan for future crises that
Center134 regarding the time needed to afford             affords State Plans the maximum opportunity
State Plans the maximum opportunity to meet               to receive federal assistance and 2) update
the grant matching requirement. Some of the               its monitoring procedures to better respond to
states that declined the supplemental funding             grant recipient noncompliance.
expressed concerns about the limited time they
were given to respond to the initial notification—        For more information, go to https://www.oig.
particularly because they needed to respond               dol.gov/public/reports/oa/2023/19-23-009-
with the amount of funding they could match               10-105.pdf, Report No. 19-23-009-10-105
and obligate. As a result, only 5 of the 28               (August 30, 2023).



132 The seven ARPA program areas were: Standards, Enforcement, Whistleblower Protection, State Plan Grants,
Technical Support, Compliance Assistance – Federal, and Susan Harwood Training Grants.
133 The term “State Plans” refers to those states with an OSHA-approved workplace safety and health program.
State Plans are monitored by OSHA and must be at least as effective as OSHA in protecting workers and in
preventing work-related injuries, illnesses, and deaths.
134 The Departmental Budget Center provides DOL with direction, policy advice, technical assistance, and related
services concerning budget formulation, justification, and execution.
135 OSHA appropriated $16 million for State Plan grants for FY 2021. This amount was later reduced to
$12.4 million.

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                               87
Employment and
Training Programs
                Employment and Training Administration Programs


                          Employment and Training
                          Administration Programs
 The Employment and Training Administration administers federal government job training and worker
 dislocation programs. This includes programs authorized by the Workforce Innovation and Opportunity Act
 (WIOA) that provide employment assistance, labor market information, and job training for adults, youth,
 dislocated workers, and other targeted populations. The WIOA aims to strengthen the public workforce
 system and help get Americans—including youth and those with significant barriers to employment—		
 into high-quality jobs and careers. The WIOA also helps employers hire and retain skilled workers.


COVID-19: The Employment and                                 intended purposes during the COVID-19
Training Administration Needs to                             pandemic. Our work, which is part of a series of
                                                             audits being conducted across selected states,
Improve Oversight of Grants Awarded
                                                             focused on grant recipients and sub-recipients
in New Jersey
                                                             located in the State of New Jersey.

From October 2018 through September 2021,
                                                               Our work, which is part of a series of
ETA awarded 2,093 grants, totaling approximately
                                                               audits being conducted across selected
$16 billion to grant recipients in all 50 states, the
                                                               states, focused on grant recipients and
District of Columbia, and U.S. territories. ETA
                                                               sub-recipients located in the State of
awards grants136 to states, local governments,
                                                               New Jersey.
and other entities to provide opportunities to
individuals with significant barriers to employment
                                                             Based on a review of four grants totaling more
to enter into high-quality jobs and careers, as
                                                             than $248 million—including three statutory
well as to help employers hire and retain skilled
                                                             WIOA grants and one discretionary non-WIOA
workers. During the timeframe of these grants,
                                                             grant—we found that ETA grant recipients and
the pandemic created many challenges for ETA
                                                             sub-recipients received grant funds to provide
job training programs across the nation, such as
                                                             career, training, and supportive services
stay-at-home orders, which impacted ETA’s ability
                                                             (e.g., transportation or childcare). However,
to provide services. We conducted a performance
                                                             ETA did not ensure recipients in the State of
audit to determine if ETA grant recipients and
                                                             New Jersey effectively used these funds.
sub-recipients137 utilized grant funds for the


136 The grants are either: (1) statutory grants, which are noncompetitive grants required by law to be given to the
state or outlying area based on statistical criteria or (2) discretionary grants awarded based on competitive selection
and eligibility.
137 Recipients of ETA’s grant awards, such as states, can allocate some or all these funds to other entities known
as sub-recipients. A sub-recipient is a non-federal entity that receives a sub-award from a passthrough entity to
carry out part of a federal program. It does not include an individual who is a beneficiary of the program.

90                                            Semiannual Report to Congress | April 1, 2023–September 30, 2023
               Employment and Training Administration Programs

Specifically, ETA did not ensure recipients                update guidance to better identify and account
effectively: (1) used over $100 million to serve           for risks associated with grant fund use; and
the intended population; (2) enrolled eligible             improve assistance to and monitoring of grant
individuals in the grant programs, costing                 recipients to ensure they can account for and
$96,580 in training services; and (3) complied             report on federal awards, as well as understand
with federal requirements when paying                      how to properly award contracts.
$168,460 in services. For example, one grant
recipient could not demonstrate 314 of the                 Figure 9: Enrollment Status of Grant
1,441 participants we reviewed were eligible for           Sub-Recipient Program Participants
a grant program awarded to develop, expand,
and scale apprenticeships nationally in H-1B
health care industry occupations. Of these
1,441 participants, 252 were attributed to one
of the sampled sub-recipients and identified as
being enrolled. We found the grant recipient
overstated the number of participants enrolled
in the program by 238 individuals—only 14
individuals could be identified as being officially
enrolled, with the rest only having completed
inquiry forms (see Figure 9).138

In addition, two sub-recipients of a WIOA state
formula grant did not have a system in place
to account for the $6.9 million in grant funding
received, including how it was spent. As a result,
there is a risk the $6.9 million awarded to the
sub-recipients may not have been spent
according to its intended purposes. We, therefore,
questioned the entire amount awarded to these
two sub-recipients. For the grants reviewed,               Source: OIG analysis of sample data
we identified more than $100 million in funds
that could have been put to better use and                 For more information, go to https://www.oig.
approximately $7.2 million in questioned costs.            dol.gov/public/reports/oa/2023/19-23-016-
                                                           03-391.pdf, Report No. 19-23-016-03-391
We made seven recommendations to ETA to:                   (September 28, 2023).
resolve questioned costs and unspent funds;



138 Inquiry form information included having conversations with potential students about the programs and the
apprenticeship model. The grant recipient agreed that completing an inquiry form and/or application alone does not
deem the student a “participant served.”

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                                91
              Employment and Training Administration Programs

Florida Woman Convicted of                             funds to her personal account and the personal
Conspiracy to Commit Theft of                          and corporate accounts of coconspirators.
Government Funds                                       To steal the funds, a co-conspirator created
                                                       fraudulent employee files and wage records
On July 7, 2023, Sirce Rodriguez pled guilty for       showing that individuals were employed at
her involvement in a conspiracy to commit theft        specific companies when they were not.
of government funds by diverting federal funds         Rodriguez provided the PII of others in order
for her personal benefit and the benefit of her        to create the employee files. Rodriguez also
co-conspirators. The funds were diverted from          referred others to a co-conspirator to receive
Transition, Inc., a not-for-profit organization that   wages for work they did not perform. The
received WIOA funds, which are administered            information of these individuals was inputted into
by DOL, and Improved Reentry Project                   a web-based program run by Transition, Inc.’s
Grant funds, which are administered by the             payroll processor, which then paid wages to
U.S. Department of Education. The WIOA funds           the purported employees, with the money often
were supposed to be used for job training and          being deposited into bank accounts controlled
placement services.                                    by Rodriguez and her co-conspirator.


Rodriguez conspired with a former employee             This is a joint investigation with the Miami-Dade
of Transition, Inc., and others, to divert WIOA        County OIG. United States v. Salado Garcia et
                                                       al. (S.D. Florida)




92                                        Semiannual Report to Congress | April 1, 2023–September 30, 2023
               Employment and Training Administration Programs


           Foreign Labor Certification Programs
  ETA administers a number of foreign labor certification (FLC) programs that allow U.S. employers to employ
  foreign workers to meet domestic worker shortages: PERM, CW-1, H-1B, H-2A, and H-2B. The PERM
  program allows an employer to hire foreign nationals to work in the United States on a permanent basis
  while the CW-1, H-1B, H-2A, and H-2B programs are for temporary employment in the United States. The
  CW-1 program allows employers to hire workers on a temporary basis in the Commonwealth of the Northern
  Mariana Islands. The H-1B program allows employers to hire foreign workers on a temporary basis in
  specialty occupations or as fashion models. The H-2A program allows employers to hire foreign workers for
  temporary agricultural jobs, in contrast to the H-2B program, which is for temporary non-agricultural jobs.
  ETA ensures that the admission of foreign workers into the United States on a PERM, CW-1, H-2A, or H-2B
  visa will not adversely affect job opportunities, wages, and working conditions of U.S. workers. The OIG also
  investigates labor trafficking cases that involve fraud against FLC programs.


Two Owners and a Manager of                              in Williamsburg, Virginia. Magnolia Cleaning
Virginia Commercial Laundry                              Services, where Landaverde served as a
                                                         manager, cleaned and delivered linens to
Business Sentenced to Prison for
                                                         various hospitality establishments.
Roles in Labor Trafficking and Money
Laundering Conspiracy                                    Landaverde, Vaughan, and Evans participated
                                                         in a conspiracy to defraud and commit offenses
In August 2023, three defendants, who                    against the United States, including human
owned and/or managed a commercial laundry                trafficking of individuals from Central America,
business in Virginia, were sentenced for their           benefiting from forced labor, money laundering,
respective roles in a labor trafficking and              and harboring undocumented workers. Under
money laundering conspiracy.                             their direction, Magnolia Cleaning Services
                                                         exploited the victims to work long hours in poor
Ana Patricia Aragon Landaverde was sentenced             working conditions. In some cases, workers were
to 57 months in prison and forfeiture of more than       threatened with deportation, physical harm, and
$213,000, jointly with co-defendants; Jeffrey Dean       harm to their families if they refused to work as
Vaughan was sentenced to 51 months in prison             directed. Some undocumented workers lived in
and forfeiture of more than $3.9 million, jointly with   the laundry facility without access to a kitchen or
codefendants; and George Williams Evans was              bathroom with a shower or bathtub. One victim
sentenced to 30 months in prison and forfeiture of       was a child who was made to work night shifts
more than $3.9 million, jointly with co-defendants.      while attending school during the day.
Restitution to the victims remains pending.
                                                         Between the first quarter of 2018 and the first
Vaughan and Evans were the owners of                     quarter of 2022, the business’s wage records
Magnolia Cleaning Services, which is located             reflected approximately 121 employees with

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                            93
              Employment and Training Administration Programs

alleged invalid or mismatched Social Security          v. Santos Teodoro Ac-Salazar and Olga Choc
numbers and wage payments of more than                 Laj (N.D. Illinois)
$1.2 million to these employees.
                                                       Wisconsin Man Sentenced for False
This is a joint investigation with Homeland            Statements involving Foreign Workers
Security Investigations, U.S. Postal Inspection
Service, and U.S. Social Security Administration       On April 17, 2023, Alfredo Aguilar Sr. was
OIG. United States v. Ana Patricia Aragon              sentenced to 18 months in prison and ordered
Landaverde et al. (E.D. Virginia)                      to pay restitution of more than $1.1 million to
                                                       foreign workers. He was also ordered to pay
Guatemalan Man Sentenced for the                       a civil monetary penalty of approximately
Forced Labor of Two Minors                             $210,000 to DOL. Aguilar previously pled guilty
                                                       to making false statements to federal agencies.
On April 25, 2023, Santos Ac-Salazar was
sentenced to 78 months in prison and ordered           From 2015 to December 2018, Aguilar was
to pay more than $98,000 in restitution for his        co-owner of a State of Wisconsin-based
role in trafficking two minor Guatemalan victims.      business, Northwoods Forestry, Inc.
                                                       He recruited workers from Mexico and
From February 2019 through February 2020,              Central America, specifically H-2B workers,
Ac-Salazar and his co-defendant Olga Choc Laj          to work in the forestry industry, planting and
conspired to unlawfully enter the United States        caring for trees and clearing and developing
with two children who were not their own, to more      woodlands. Northwoods Forestry, Inc. agents
easily enter the country and avoid prolonged           made representations under oath to DOL and
detention by U.S. immigration authorities.             U.S. Citizenship and Immigration Services
                                                       regarding the type of work the workers
Ac-Salazar and Choc Laj obtained fraudulent            would perform and the wages they would
identity documents for one of the minors, falsely      receive. However, Aguilar actually placed the
representing that she was an adult and legally         H-2B workers with non-forestry employers,
permitted to be in the United States. They refused     including in meat packing, construction,
to allow her to leave their control and made her       roofing, agriculture, painting, fur processing,
work in various jobs and as a domestic servant         and landscaping businesses. Northwoods
to pay debts owed for being smuggled and rent.         Forestry, Inc. failed to pay the H-2B workers the
They also forced the second minor to work as a         appropriate wages and overtime and deducted
domestic servant. Ac-Salazar and Choc Laj did          expenses from the employees’ pay, all contrary
not pay the minors for their domestic work and         to sworn statements made to DOL.
physically assaulted and threatened the children if
they did not comply with their demands.                This is a joint investigation with the Wage and
                                                       Hour Division and U.S. Department of State–
This is a joint investigation with the FBI and         Diplomatic Security Services. United States v.
Homeland Security Investigations. United States        Alfredo Aguilar (W.D. Wisconsin)


94                                        Semiannual Report to Congress | April 1, 2023–September 30, 2023
Labor Racketeering
                                            Labor Racketeering


                                    Labor Racketeering
     Under the Inspector General Act of 1978, as amended, the OIG is responsible for investigating labor
     racketeering and the influence of organized criminal enterprises involving unions, employee benefit plans,
     and labor-management relations.

     Labor racketeering refers to the infiltration, exploitation, or control of a union, employee benefit plan,
     employer entity, or workforce, carried out through illegal, violent, or fraudulent means. OIG labor racketeering
     investigations focus largely on individuals and organized criminal enterprises engaged in embezzlement,
     extortion, violence against union members or employers, and other related criminal activities.

     Our investigations continue to identify fraudulent payments from employers to union representatives in
     order to gain favorable labor agreements for the employer. Our investigations have also identified complex
     financial and investment schemes used to defraud union-affiliated benefit plans, resulting in millions of
     dollars in losses to plan participants.


Massachusetts Man Pled Guilty to                              remittance reports with the benefit funds and
Multi-Million-Dollar Payroll Scheme                           the unions to under-report the overtime hours
                                                              worked by these employees, thereby depriving
On September 6, 2023, Frank Loconte pled                      the benefit funds and unions of contributions and
guilty to one count of mail fraud and one count               dues owed on behalf of their members.
of failing to pay taxes in connection with a
payroll scheme involving the underreporting of                Loconte defrauded union workers of more than
overtime hours for his union employees and                    $1 million in benefits and dues related to overtime
failing to collect and pay payroll taxes.                     work covered by collective bargaining agreements
                                                              and defrauded the Internal Revenue Service of
Loconte was president of NER Construction                     more than $3 million by not making the required
Management Corporation, a construction                        payroll tax withholdings and payments. Instead
company that employed union workers and                       of paying employment taxes, Loconte used NER
collectively bargained with multiple unions.                  Construction Management Corporation business
From approximately 2014 through May 2022,                     accounts to pay for personal expenses, including
he engaged in a scheme to defraud union-                      vehicles, personal property taxes, household
affiliated benefit funds and the Internal Revenue             improvements, and golf memberships.
Service. Loconte accomplished this by paying
certain union workers for overtime hours without              This is a joint investigation with EBSA, the
reporting these hours to the union-affiliated                 Office of Labor-Management Standards,
benefit funds and without making the required                 the Internal Revenue Service-Criminal
payroll tax withholdings and payments. He also                Investigation, and the FBI. United States v.
caused the corporation to file false and fraudulent           Frank Loconte (D. Massachusetts)


96                                              Semiannual Report to Congress | April 1, 2023–September 30, 2023
Departmental
Management
                                    Departmental Management


                         Departmental Management
     The OIG performs oversight work involving the Department’s operations, financial management, and 		
     IT services.


Service Auditors’ Report on the                             all material respects that the description fairly
Integrated Federal Employees’                               presented the claims processing system and
                                                            that the related controls were suitably designed
Compensation System for the
                                                            and operating with sufficient effectiveness to
Period October 1, 2022, through
                                                            provide reasonable, but not absolute, assurance
June 30, 2023                                               that the control objectives were achieved for the
                                                            audit period.
The OIG contracted with the independent
certified public accounting firm KPMG LLP                   This report, No. 22-23-008-04-431
(KPMG) to perform an examination of the                     (September 20, 2023), contains sensitive
Integrated Federal Employees’ Compensation                  information and will not be released publicly.
System (iFECS) transaction processing
for application and general controls and to
                                                            DOL’s Purchase and Travel Card
determine if iFECS application and general
controls, as described in the report, were fairly           Risks Assessed as Low and
presented, suitably designed, and effectively               Moderate, Respectively
operating for the period October 1, 2022,
through June 30, 2023.                                      The Government Charge Card Abuse
                                                            Prevention Act of 2012 (Charge Card Act)
The controls and control objectives included in             was designed to prevent recurring waste,
the description are those that the management               fraud, and abuse of government-wide charge
of OWCP’s Division of Federal Employees’                    cards. We contracted with KPMG to assist
Longshore and Harbor Workers’ Compensation                  with the risk assessment of DOL’s purchase
and the Office of the Assistant Secretary                   and travel card programs for the period
for Administration and Management believe                   October 1, 2021, through September 30, 2022,
are likely to be internal controls for financial            pursuant to the Charge Card Act. To perform
reporting relevant to user entities of the FECA             the risk assessment, key program objectives
Special Fund and iFECS throughout the period.               were assessed for the purchase and travel
KPMG examined the suitability of the design                 card programs. Various methods of review
and operating effectiveness of the controls                 and analytical testing were used to assess the
and control objectives. KPMG concluded in                   residual risks139 as of September 30, 2022,



139 Residual risk is the exposure remaining from an inherent risk after action has been taken to manage it, using
the same assessment standards as the inherent assessment.

98                                           Semiannual Report to Congress | April 1, 2023–September 30, 2023
                                     Departmental Management

assign a risk impact and risk likelihood level,140            For the travel card program, two objectives had
and then assign a risk level ranging from                     a moderate risk level, one had a low risk level,
very low to very high. For the purchase card                  and three had a very low risk level
program, four objectives had a low risk level                 (see Figure 10).
and two had a very low risk level.

                    Figure 10: Definitions of Risk Impacts and Likelihoods

  Risk Level                       Risk Impact Definition                           Risk Likelihood Definition

                     The degradation of an activity or role is
                                                                                   Risk event is almost
                     severe, impacting the ability to meet one or
                                                                                   certain to occur.
   Very High         more strategic goals or objectives, produce
                                                                                   Likelihood of occurrence
                     key deliverables, or reach required levels of
                                                                                   is 90-100 percent.
                     performance to meet the mission.

                     The degradation of an activity or role is major,
                                                                                   Risk event is highly likely
                     requiring immediate escalation or management
      High                                                                         to occur. Likelihood of
                     intervention to reach required levels of
                                                                                   occurrence is 50-90 percent.
                     performance of key functions.


                     The degradation of an activity or role is                     Risk event is possible
   Moderate          moderate with material impact on performance                  to occur. Likelihood of
                     of key functions.                                             occurrence is 25-50 percent.



                     The degradation of an activity or role is minor.              Risk event is unlikely
      Low            It is noticeable and may affect performance of                to occur. Likelihood of
                     key functions.                                                occurrence is 10-25 percent.



                     The degradation in activity or role is negligible             Risk event occurrence
   Very Low          and is not expected to significantly affect                   is remote. Likelihood of
                     performance of key functions.                                 occurrence is 0-10 percent.

Source: DOL OIG Framework for Enterprise Risk Management, Version 3.0, May 31, 2022


140 Risk impact is the likely magnitude that the risks would have on the key objective. Risk likelihood is the level of
possibility that a risk will occur that affects the key objective.

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                                      99
                                  Departmental Management

Based on the results of the assessment, the              compliance with PIIA, as defined in Title 31
overall risk of illegal, improper, or erroneous          of the United States Code (U.S.C.) § 3351(2),
use of DOL’s purchase and travel cards is                for the fiscal year ended September 30, 2022.
low and moderate, respectively. The detailed             PIIA requires federal agencies to identify
assessments of DOL’s purchase and travel card            programs susceptible to significant improper
programs were provided to DOL officials.                 payments, estimate the improper payments for
                                                         those programs, and report on actions to reduce
For more information, go to https://www.oig.             the improper payments in those programs.
dol.gov/public/reports/oa/2023/22-23-007-
50-598.pdf, Report No. 22-23-007-50-598                  As noted in our prior year report,141 DOL
(August 30, 2023).                                       continued to report the State Unemployment
                                                         Insurance program, which includes the
The U.S. Department of Labor                             PEUC program and the FPUC payment
Did Not Meet the Requirements                            activity collectively as one program—the UI
                                                         program—based on OMB’s approval.
for Compliance with the Payment
Integrity Information Act for FY 2022
                                                         KPMG’s objective to evaluate DOL’s
                                                         compliance with PIIA included determining
The OIG contracted with KPMG to conduct                  whether DOL met six PIIA compliance
a performance audit related to DOL’s                     requirements in relation to the UI, PUA, and




141 The U.S. Department of Labor Did Not Meet the Requirements for Compliance with the Payment Integrity
Information Act for FY 2021, Report No. 22-22-007-13-001 (July 1, 2022), available at:
https://www.oig.dol.gov/public/reports/oa/2022/22-22-007-13-001.pdf

100                                        Semiannual Report to Congress | April 1, 2023–September 30, 2023
                                   Departmental Management

           Table 4: Criteria for PIIA Requirements Not Met for the UI Program and PUA



 Programs         Requirement #                                        Criteria



                                        Published improper payment estimates for all programs and
     PUA                  3             activities identified under § 3352(a) in the accompanying
                                        materials to the annual financial statement (if required)


                                        Published programmatic corrective action plans prepared
     PUA                  4             under § 3352(d) that DOL may have in the accompanying
                                        materials to the annual financial statement


                                        Published improper payments reduction targets established
                                        under § 3352(d) that DOL may have in the accompanying
  UI & PUA                5             materials to the financial statement for each program or activity
                                        assessed to be at risk, and has demonstrated improvements
                                        and developed a plan to meet the reduction targets


                                        Reported an improper payment rate of less than 10 percent for
  UI & PUA                6             each program and activity for which an estimate was published
                                        under § 3352(c)



FECA programs. KPMG concluded DOL met                     payment target rate published in FY 2021
four of the six requirements for compliance with          as the combined total improper payment
PIIA for the UI program, two of the six                   rate increased. Compared to 18.92 percent
requirements for the PUA program, and all six             reported in FY 2021, in FY 2022, DOL reported
requirements for the FECA program. See Table 4            a 21.52 percent improper payment rate and
for the requirements not met for UI and PUA.              an unknown142 payment rate of 0.68 percent
                                                          equaling a combined total rate of 22.20 percent
KPMG determined Requirements 5 and 6 were                 for the UI program. Based on those rates, more
not met for the UI program. For Requirement               than $18.9 billion of the $85.2 billion in total
5, KPMG noted the UI program did not                      UI program payments for the year were either
demonstrate improvement from the improper


142 An unknown payment is defined as a payment that could be either proper or improper, but the agency is unable
to discern whether the payment was proper or improper as a result of insufficient or lack of documentation.

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                             101
                                 Departmental Management

       Figure 11: DOL’s Reported UI Payments and Accuracy Rates, FY 2022




Source: DOL FY 2022 information reported on PaymentAccuracy.gov


unknown or improper (see Figure 11). The               KPMG made three recommendations to DOL
UI program also did not meet Requirement 6             management to: 1) revise the methodology used
as the improper payment rate was above the             to calculate the improper payment information
10 percent threshold.                                  for the FPUC program, 2) maintain the current
                                                       focus on increasing technical assistance and
In addition to not meeting Requirements 5 and 6,       funding to states to demonstrate improvement
the PUA program also did not meet Requirement          on the rate, and 3) continue to work with OMB
3 to publish improper payment and unknown              to develop an approved estimation methodology
payment estimates for programs susceptible             for the PUA program and publish the resulting
to significant improper payments and unknown           improper payment information.
payments and did not meet Requirement 4 to
publish corrective action plans. Although DOL          We note that DOL management’s response
determined PUA to be susceptible to improper           disagreed with the inclusion of the PUA program
payments in FY 2021, DOL did not include PUA           in the analysis of improper payments, as well
improper payment information in its FY 2022            as the conclusion noted for Requirement 5 of
reporting. In October 2022, OMB stated the initial     PIIA. As highlighted in KPMG’s report, the OMB
methodology DOL submitted in June 2022 for             guidance and data call instructions support the
estimating the PUA program’s improper payment          conclusions reached.
rate and amount required further analysis. OMB
requested DOL continue working to develop a            For more information, go to https://www.oig.
sufficient methodology. The PUA program had            dol.gov/public/reports/oa/2023/22-23-006-
outlays of $18.9 billion for the 2022 program year,    13-001.pdf, Report No. 22-23-006-13-001
and $137.7 billion since its inception in FY 2020.     (June 9, 2023).

102                                       Semiannual Report to Congress | April 1, 2023–September 30, 2023
                                   Departmental Management


                                        Single Audits
  A single audit provides an organization-wide examination of an entity expending federal assistance funds
  received for its operations. The audit is typically conducted annually by an independent certified public
  accountant, and its objective is to provide assurance to the U.S. government regarding the management
  and use of funds by recipients such as states, schools, universities, and nonprofits.


Quality Control Review of 			                             Quality Control Review for the Single
Single Audits                                             Audit of South Carolina Department
                                                          of Employment and Workforce for the
Under OMB Uniform Guidance,143 cognizant                  Year Ended June 30, 2021
federal agencies ensure the implementation of
single audit requirements. A non-federal entity           We performed a QCR of the independent
expending more than $50 million a year in federal         certified public accounting firm Scott and
awards has a cognizant agency for audit.144 DOL           Company, LLC’s (Firm) single audit of the
is currently cognizant for 12 entities.                   South Carolina Department of Employment and
                                                          Workforce for the Year Ended June 30, 2021.
The OIG periodically performs QCRs of                     Our QCR covered the UI program, which
single audits of entities over which DOL has              equaled $3.67 billion of the $3.72 billion in
cognizance. During this reporting period, we              total DOL funds. We determined the Firm’s
conducted three QCRs: (1) Single Audit of the             audit report and audit work on the single audit
South Carolina Department of Employment and               did not meet the requirements of government
Workforce for the Year Ended June 30, 2021;               auditing standards, generally accepted auditing
(2) Single Audit of the Center for Workforce              standards, and OMB Uniform Guidance.
Inclusion, Inc. for the Fiscal Year Ended June
30, 2022; and (3) Single Audit of the Puerto                Our QCR covered the UI program, which
Rico Department of Economic Development                     equaled $3.67 billion of the $3.72 billion in
and Commerce for the Fiscal Year Ended                      total DOL funds. We found deficiencies in
June 30, 2021.                                              the Firm's audit report and audit work.




143 Uniform Guidance refers to 2 C.F.R. Part 200, OMB’s “Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards.”
144 According to Uniform Guidance, the designated cognizant agency for audit must be the federal awarding agency
that provides the predominant amount of funding directly to a non-federal entity unless OMB designates a specific
cognizant agency for audit. Cognizant agencies for audit are the federal agencies designated to carry out the
responsibilities described in Uniform Guidance § 200.513(a).

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                            103
                                Departmental Management

Specifically, we found deficiencies in the Firm’s     Uniform Guidance. Our report did not contain
planning and testing of UI. We also noted that        any recommendations.
the lack of internal controls in the PUA program
needed to be reported. Lastly, the Firm’s             For more information, go to https://www.oig.
Schedule of Expenditures of Federal Awards            dol.gov/public/reports/oa/2023/24-23-005-
was improperly presented. We made seven               50-598.pdf, Report No. 24-23-005-50-598
recommendations to the Firm to address the            (September 27, 2023).
identified deficiencies, including revising and
reissuing the single audit report.                    Quality Control Review for the Single
                                                      Audit of the Puerto Rico Department
For more information, go to https://www.oig.          of Economic Development and
dol.gov/public/reports/oa/2023/24-23-003-
                                                      Commerce for the Fiscal Year Ended
50-598.pdf, Report No. 24-23-003-50-598
(September 26, 2023).                                 June 30, 2021

                                                      We performed a QCR of the independent
Quality Control Review for the Single
                                                      certified public accounting firm Galindez, LLC’s
Audit of the Center for Workforce                     single audit of the Puerto Rico Department
Inclusion, Inc. for the Fiscal Year                   of Economic Development and Commerce
Ended June 30, 2022                                   for the Fiscal Year Ended June 30, 2021. Our
                                                      QCR covered the WIOA Cluster, which totaled
We performed a QCR of the independent                 $82.4 million of DOL funds. We determined
certified public accounting firm Gorfine, Schiller    Galindez, LLC’s audit work on the single audit
& Gardyn’s single audit of the Center for             was acceptable and met the requirements
Workforce Inclusion, Inc. for the Fiscal Year         of government auditing standards, generally
Ended June 30, 2022. Our QCR covered                  accepted auditing standards, and OMB
the Senior Community Service Employment               Uniform Guidance. Our report did not contain
Program, which totaled $47.8 million of DOL           any recommendations.
funds. We determined Gorfine, Schiller &
Gardyn’s audit work on the single audit was           For more information, go to https://www.oig.
acceptable and met the requirements of                dol.gov/public/reports/oa/2023/24-23-004-
government auditing standards, generally              50-598.pdf, Report No. 24-23-004-50-598
accepted auditing standards, and OMB 		               (September 19, 2023).




104                                      Semiannual Report to Congress | April 1, 2023–September 30, 2023
Employee Integrity
Investigations
                               Employee Integrity Investigations


                 Employee Integrity Investigations
    The OIG is responsible for investigating possible misconduct or criminal activities involving senior DOL
    employees or individuals providing services to the Department.


•     The OIG conducted a criminal investigation           •   The OIG conducted an investigation as
      into various fraud allegations involving                 to whether a senior employee allegedly
      a DOL special agent. As a result of                      used a foreign email address on official
      the investigation, the agent pled guilty                 correspondence and passed sensitive
      to: fraudulently collecting $60,284 in                   contractual information to a DOL
      unemployment insurance benefits while                    contractor. There was no evidence to
      employed on full-time active duty with the               support the allegations and no further
      National Guard; defrauding the U.S. Army                 action was warranted.
      of $24,582 in basic housing allowance; and           •   The OIG conducted an investigation as
      fraudulently collecting $50,000 in lost wages            to whether a senior employee violated
      from an insurance company during the time                the Anti-Lobbying Act during a meeting
      they were suspended from DOL. The agent                  with a private organization. There was no
      was sentenced to 33 months in federal                    evidence to support the allegations and
      prison for their fraud schemes and ordered               DOL provided the employee retraining in
      to pay restitution in the amount of $197,366.            ethics rules.
•     The OIG conducted an investigation of a              •   The OIG conducted an investigation as
      senior employee regarding the alleged use of             to whether a DOL contract employee
      a government-issued travel card for personal             had solicited the U.S. Secretary of Labor
      financial gain. The OIG found evidence                   with two separate bank checks in return
      supporting the allegation and the employee               for a partnership with their firm. Criminal
      was terminated.                                          charges were declined as the individual was
•     The OIG conducted an investigation to                    terminated by the DOL contractor.
      determine if an OIG employee failed to               •   The OIG conducted an investigation as to
      properly secure their agency-approved                    whether a former DOL attorney violated
      firearm while off-duty. As a result of the               post-employment rules by working on a
      investigation, the OIG substantiated the                 matter in their private practice that they
      allegation. The employee was demoted and                 previously worked on while employed at the
      reassigned to a non-supervisory position.                Department. Criminal charges were declined.
      The employee’s authority to carry an                     The former employee was notified of
      agency-approved firearm off-duty was also                post-employment restrictions and
      permanently revoked.                                     immediately ceased work on the matter.




106                                          Semiannual Report to Congress | April 1, 2023–September 30, 2023
OIG Whistleblower
Activities
                                OIG Whistleblower Activities


                     OIG Whistleblower Activities
Whistleblower Protection Coordinator                   3. provides general information about the
                                                          timeliness of such cases, the availability
DOL employees, contractors, subcontractors,               of any alternative dispute mechanisms,
and grantees perform an important service by              and avenues for potential relief. Within the
reporting evidence of wrongdoing, including               OIG, a Supervisory Associate Counsel
misconduct, fraud, waste, and abuse, in DOL               to the Inspector General has been
programs. Whistleblowers should never be                  designated to serve as the Whistleblower
subjected to, or threatened with, retaliation for         Protection Coordinator. Pursuant to this
having engaged in a protected communication               designation, the Whistleblower Protection
or protected activity. The OIG plays a vital role in      Coordinator has:
ensuring that DOL employees and employees of              •   provided input into training that is required
DOL grantees and contractors are informed of                  to be completed by all DOL employees,
their rights and protections against retaliation for          entitled “Prohibited Personnel Practices,
“blowing the whistle.” This work is done by the OIG           Whistleblower Protection”;
Whistleblower Protection Coordinator Program,
                                                          •   provided input into training that is required
housed in the OIG’s Office of Legal Services.
                                                              to be completed by all DOL supervisors
                                                              and managers entitled “Responding to
Pursuant to Section 2 of the Whistleblower
                                                              Whistleblower Retaliation Complaints/
Protection Coordination Act of 2018 (S.1869,
                                                              Overview of Prohibited Personnel
June 25, 2018), every Inspector General’s
                                                              Practices – Annual Training”;
office is required to designate a Whistleblower
Protection Coordinator. According to Section 2,           •   developed training for new employees
the Whistleblower Protection Coordinator:                     titled “Whistleblower Rights and
                                                              Protections for DOL Employees” that
1. educates agency employees about prohibitions               is included in all DOL employees’ New
   against retaliation for protected disclosures;             Employee Orientation and regularly
                                                              provides this training live to Solicitor’s
2. educates agency employees who have                         Office’s Honors Attorneys;
   made or are contemplating making a                     •   updated the DOL OIG public-facing
   protected disclosure about their rights and                website titled “Whistleblower Protection
   the remedies against retaliation for protected             Coordinator,” which is available to
   disclosures, including the means by which                  all DOL and OIG employees, to
   employees may seek review of any allegation                provide information on whistleblower
   of reprisal, as well as about the roles of the             protections and options for DOL
   OIG, the Office of Special Counsel, the Merit              employees and employees of DOL
   Systems Protection Board, and any other                    contractors and grantees;
   relevant entities; and


108                                       Semiannual Report to Congress | April 1, 2023–September 30, 2023
                               OIG Whistleblower Activities

   •   provided live training to all OIG                 •   participated on the panel of
       employees on “Whistleblower Rights and                Whistleblower Protection Coordinators
       Protections for OIG Employees;”                       for the Council of the Inspectors
   •   established a dedicated e-mail address—               General on Integrity and Efficiency
       OIGWhistleblower@oig.dol.gov—                         Whistleblower Education Forum.
       to receive and respond to whistleblower-
       related inquiries from DOL employees           Whistleblower Retaliation
       and employees of DOL contractors               Investigations
       and grantees;
   •   obtained the OIG’s recertification of          The OIG can initiate its own investigations
       its 2302(c) program from the Office of         into allegations of improper or illegal
       Special Counsel (July 2023);                   retaliation brought by DOL employees or, on
                                                      a discretionary basis, refer such allegations
   •   monitored whistleblower retaliation
                                                      to the Office of Special Counsel for review
       complaints received by the OIG, as well
                                                      and investigation.
       as whistleblower retaliation investigations
       conducted by the OIG;
                                                      Further, pursuant to 41 U.S.C. § 4712, the
   •   conducted training for the State               OIG is required, with some exceptions,
       Workforce Agencies State Monitor               to investigate whistleblower retaliation
       Advocates on Whistleblower Protections         allegations made by employees of DOL
       for Employees of DOL Grantees and              contractors or grantees.
       Contractors; and

            Table 5: Whistleblower Investigations, April 1, 2023–September 30, 2023


                               Investigation Type                                       Number

 Pending DOL employee complaint investigations                                              4

 Reports related to DOL employee whistleblower retaliation complaints sent to
                                                                                            1
 the appropriate agencies within the Department

 Grantee/contractor employee complaints closed after preliminary inquiry                    1

 Pending grantee/contractor employee complaint investigations                               2

 Reports pending with DOL                                                                   1

 Decision issued by the DOL Assistant Secretary for Administration and
                                                                                            1
 Management


Semiannual Report to Congress | April 1, 2023–September 30, 2023                                      109
Legislative
Recommendations
                              Legislative Recommendations


                   Legislative Recommendations
  The Inspector General Act of 1978, as amended, requires the Office of Inspector General (OIG) to review
  existing or proposed legislation and regulations and to make recommendations in the Semiannual Report
  to Congress concerning their impact both on the economy and efficiency of the Department’s programs
  and on the prevention of fraud, waste, and abuse. The OIG continues to propose the following legislative
  actions to increase efficiency and protect the U.S. Department of Labor’s (DOL or Department) programs.


Inspector General Larry D. Turner, in                   used to prosecute UI fraud have a 5-year
congressional testimonies and through                   limitation, many groups and individuals that
other means, highlighted four high-priority             have defrauded the UI program may escape
recommendations for congressional consideration:        justice. Even with the OIG’s tireless efforts,
1. Extend the statute of limitations for fraud          the current statute of limitations associated
   involving pandemic-related unemployment              with UI fraud means federal law enforcement
   insurance (UI) programs;                             may still fall short in fully investigating and
                                                        prosecuting the most egregious cases of UI
2. Ensure DOL and the OIG have ongoing,
                                                        fraud. This is particularly the case given the
   timely, and complete access to UI claimant
                                                        volume and complexity of UI fraud matters
   data and wage records;
                                                        we are tasked to investigate. This issue is
3. Grant the OIG statutory authority to                 further complicated by our limited resources.
   participate in asset forfeiture funds to combat      The U.S. Small Business Administration
   UI fraud and other crime; and                        faced a similar issue regarding the statute of
4. Ensure effective payment integrity controls          limitations for pandemic-related fraud in the
   to reduce improper payments in all UI                Paycheck Protection Program and Economic
   programs including temporary ones, such              Injury Disaster Loan programs. To address
   as through broader requirements for                  those concerns, Congress passed legislation
   mandatory cross-matching.                            to extend associated statutes of limitations.

Details on these and other legislative                  Congress could likewise act to extend the
recommendations follow.                                 statute of limitations for fraud associated with
                                                        pandemic-related UI programs to help ensure
Extend the Statute of Limitations                       investigators and prosecutors have time to
                                                        effectively pursue and hold accountable those
Associated with Pandemic-Related
                                                        who defrauded the UI programs during the
UI Fraud
                                                        pandemic. To do so, Congress would likely
                                                        have to extend the statute of limitations for
Unless Congress acts urgently, the statute of
                                                        existing laws when pandemic-related UI
limitations for many of the OIG’s pandemic-related
                                                        programs are defrauded.
UI fraud investigations will begin to expire in
early 2025. Because the statutes most often

112                                       Semiannual Report to Congress | April 1, 2023–September 30, 2023
                                Legislative Recommendations

Further, for similar reasons, Congress could            that limits the Inspector General’s access in
consider extending the federal statute of limitations   this manner. Furthermore, in our June 2021
for states to pursue administrative recoveries in       alert memorandum,145 we recommended that
cases of proven overpayments, including fraud,          the Employment and Training Administration
and with appropriate due process.                       (ETA) amend its regulations146 to reinforce that
                                                        SWAs’ UI information must be provided to the
Allow DOL and the OIG Access to UI                      OIG for all Inspector General engagements
Claimant Data and Wage Records                          authorized under the Inspector General
                                                        Act of 1978, as amended, including audits,
In addition to the Inspector General Act of             evaluations, and investigations.
1978, as amended, Congress should consider
legislative action that would specifically
authorize DOL and the OIG have ongoing,
timely, and complete access to State Workforce
Agencies’ (SWA) UI claimant data and
wage records for our respective oversight
responsibilities. The Department has stated
that, outside of the temporary authority provided
by the Coronavirus Aid, Relief, and Economic
Security Act and subsequent pandemic-related
legislation, it lacks the authority to require SWAs
to provide the OIG with access to UI claimant
data and wage records except when the OIG
is conducting an investigation into a particular
instance of suspected UI fraud.
                                                        These barriers to the OIG’s ongoing, timely, and
The Inspector General Act of 1978, as                   complete access to data has severely hampered
amended, authorizes the Inspector General’s             the OIG’s ability to oversee the UI program.
access to information related to the                    To overcome this and effectively oversee UI
Department’s programs and operations, unless            benefits provided in response to the pandemic,
Congress enacts a law that expressly refers to          the OIG issued multiple Inspector General
the Inspector General and limits the Inspector          subpoenas to all SWAs seeking UI claimant
General’s right of access. The Department               data. OIG data scientists then had to ensure
has not provided the OIG with a federal statute         the data was complete, consistent, and in a



145 Alert Memorandum: The Employment and Training Administration Needs to Issue Guidance to Ensure State
Workforce Agencies Provide Requested Unemployment Insurance Data to the Office of Inspector General,
Report No. 19-21-005-03-315 (June 16, 2021), available at:
https://www.oig.dol.gov/public/reports/oa/2021/19-21-005-03-315.pdf
146 20 C.F.R. § 603.5 and 603.6(a)

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                           113
                               Legislative Recommendations

common format to analyze and identify potential         or are receiving benefits improperly due to
fraud and programmatic weaknesses. The                  systemic program weaknesses.
repeated use of Inspector General subpoenas
to obtain UI data on a recurring basis is               Further, data analytics is a vital tool in performing
time-consuming and inefficient. Ongoing, timely,        our oversight function. Timely access to UI data
and complete access for all OIG engagements             will allow the OIG to use our data analytics
would alleviate that time and resource burden           program to identify and investigate complex
and align with the Inspector General Act of             identity theft and multistate fraud schemes as
1978, as amended.                                       we have successfully done during the pandemic.
                                                        The OIG could also use those records to
While the OIG and ETA agree that changing               assess program outcomes for UI reemployment
regulations requires notice and comment                 programs, as well as other training programs,
rulemaking, an immediate and legally sound              such as YouthBuild and Job Corps, where
interim solution is available to ETA. In an alert       employment and wage increases are important
memorandum issued September 21, 2022,147                factors in determining a program’s success.
the OIG highlighted DOL’s authority to
amend its interpretation of its regulations             To date, ETA has implemented only temporary
without changing the regulations themselves.            solutions. In August 2021, ETA issued guidance
Specifically, ETA can issue guidance to inform          requiring SWAs to disclose UI data to the OIG
SWAs that they must timely provide UI data              for audits and investigations for the duration of
without any constraints to the OIG for audits           the pandemic programs. ETA has also required
and investigations consistent with the Inspector        sharing of state UI data as a condition of fraud
General Act of 1978, as amended. The historic           prevention grants. These grants are expected to
levels of improper payments that the OIG has            provide access through 2023. Further, recently
identified, including potential fraud, support the      issued guidance supporting additional grants
conclusion that the OIG’s continued access to           under the American Rescue Plan Act of 2021
state UI data is imperative.                            are expected to provide access for the next
                                                        2 to 5 years. According to ETA, 52 of 53 SWAs
In support of the OIG’s oversight activities,           received grants. ETA stated it was able to require
the OIG needs access to UI claimant data and            SWAs to provide UI data to the OIG due to
wage records from SWAs to verify claimants’             temporary authority created by the Coronavirus
eligibility for UI benefits, including both initial     Aid, Relief, and Economic Security Act and
eligibility (and amounts) and continuing                subsequent pandemic-related legislation.
eligibility. Timely access to these records will
facilitate the OIG’s efforts to identify claimants      ETA’s actions are not sufficient to resolve the
who are part of large-scale fraud schemes               OIG’s recommendations or concerns.



147 Alert Memorandum: Potentially Fraudulent Unemployment Insurance Payments in High-Risk Areas Increased to
$45.6 Billion, Report No. 19-22-005-03-315 (September 21, 2022), available at:
https://www.oig.dol.gov/public/reports/oa/2022/19-22-005-03-315.pdf

114                                       Semiannual Report to Congress | April 1, 2023–September 30, 2023
                               Legislative Recommendations

ETA announced its intent to amend its                    the UI program and deter fraud. Further, this
regulations to facilitate the OIG’s ongoing              action would assist the Department in its
access by February 2025, and, in July 2023,              programmatic oversight responsibilities to
requested public comment on potential                    identify weak controls and improper payments
revisions that would require states to disclose          in the UI program.
unemployment compensation data to the
OIG for oversight, including audits. However,            To underscore this point, based on the data
until DOL implements a permanent solution,               obtained by the OIG, our auditors, investigators,
including revising the regulations ensuring              and data scientists collaboratively identified
the OIG’s complete and timely access                     $46.9 billion dollars in potential fraud paid in
to UI program data and information, the                  6 specific high-risk areas, such as to children
Department’s interpretation of its regulations           under 14 and deceased persons.148 Also, for
may renew impediments to the OIG’s access                the first four high-risk areas, the OIG has
experienced prior to and during the pandemic             shared its methodology and underlying data
and necessitate additional subpoenas.                    with DOL for further dissemination to the SWAs
                                                         and is working to share data supporting the
 In addition to the Inspector General Act                additional high-risk areas. This information
 of 1978, as amended, Congress should                    allows the Department and SWAs to analyze
 consider legislative action that would                  concerning claims and to strengthen controls
 specifically authorize DOL and the OIG                  to detect and deter future fraud. The OIG was
 to have ongoing, timely, and complete                   further able to recommend programmatic
 access to UI claimant data and wage                     changes to put billions in federal funds to better
 records for our oversight responsibilities.             use. Conducting data analytics from such
                                                         access would further enable our auditors to
In addition to the Inspector General Act of              identify program weaknesses and recommend
1978, as amended, Congress should consider               corrective actions that would improve the
legislative action that would specifically               timeliness of UI benefit payments and the
authorize DOL and the OIG to have ongoing,               integrity of the UI program.
timely, and complete access to UI claimant
data and wage records for our oversight                  Authorize OIG Participation in Asset
responsibilities. Ongoing, timely, and complete          Forfeiture Funds to Combat UI Fraud
access to SWA UI claimant data and wage                  and Other Crimes
records systems would further enable the
OIG to quickly identify large-scale fraud and            Legislative authority in the area of asset
expand its current efforts to share emerging             forfeiture would increase the OIG’s ability to
fraud trends with ETA and states to strengthen           effectively and efficiently investigate UI fraud


148 Alert Memorandum: ETA Needs to Incorporate Data Analytics Capability to Improve Oversight of the
Unemployment Insurance Program, Report No. 19-23-012-03-315 (September 25, 2023), available at:
https://www.oig.dol.gov/public/reports/oa/2023/19-23-012-03-315.pdf

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                            115
                                  Legislative Recommendations

and other crimes and to recover fraudulently                  provide new and expanded tools and controls for
obtained funds.149 Asset forfeiture is a critical             states to help ensure workers are properly paid
legal tool that serves a number of compelling                 and to prevent improper payments, including
law enforcement purposes. It is designed                      fraud, in the UI system.
to deprive criminals of the proceeds of their
crimes, to break the financial backbone of                    The Department stated that the proposals
organized criminal syndicates, and to recover                 collectively would result in savings of more
property that may be used to compensate                       than $2 billion over the 10-year budget window.
victims and deter criminal activity.                          These are similar to DOL proposals included
                                                              in prior DOL budget requests that would help
Currently, the OIG is not a participant in the                address UI program integrity and the high
U.S. Department of the Treasury Forfeiture                    improper payment rates in the UI program.
Fund or the U.S. Department of Justice (DOJ)                  These proposals include the following:
Asset Forfeiture Fund. The lack of authority to               •   require SWAs to cross-match UI claims
participate limits the OIG’s ability to effectively               against the National Directory of New Hires;
recover proceeds of UI fraud and other crimes
                                                              •   require SWAs to cross-match UI claims with
under the OIG’s jurisdiction. Statutory authority
                                                                  a system(s) that contains information on
to seize and forfeit illicit funds would allow the
                                                                  individuals who are incarcerated;
OIG to participate in the U.S. Department of the
Treasury Forfeiture Fund and the DOJ Asset                    •   require states to disclose information to
Forfeiture Fund, thus enabling the OIG to better                  the OIG;
combat UI fraud and other crimes in the future.               •   allow SWAs to retain up to 5 percent of
                                                                  recovered fraudulent UI overpayments for
Enact the UI Integrity Legislative                                program integrity use;
Proposals                                                     •   require SWAs to use [UI] penalty and interest
                                                                  collections solely for UI administration; and
The OIG encourages Congress to consider and
                                                              •   permit the Department to collect and store
adopt key DOL proposals to aid the Department’s
                                                                  states’ UI claimant data.
efforts to combat improper payments in the
UI program. In its Fiscal Year (FY) 2024
                                                              These legislative proposals are consistent
Congressional Budget Justification,150 the
                                                              with previous OIG reporting to improve the UI
Department proposed provisions designed to
                                                              program. To maintain UI program integrity, the



149 According to DOJ, forfeiture “is the legal process by which title to an asset is transferred to the government…
because that asset was derived from, used to facilitate, or involved in criminal conduct in a manner that subjects it to
forfeiture under an applicable asset forfeiture statute.” DOJ, Asset Forfeiture Policy Manual (2023), available at:
https://www.justice.gov/criminalafmls/file/839521/download
150 U.S. Department of Labor, FY 2024 Congressional Budget Justification, Employment and Training
Administration, State Unemployment Insurance and Employment Service Operations, available at:
https://www.dol.gov/sites/dolgov/files/general/budget/2024/CBJ-2024-V1-07.pdf

116                                            Semiannual Report to Congress | April 1, 2023–September 30, 2023
                              Legislative Recommendations

OIG has recommended establishing legislation          employer in complying with H-1B requirements.
that requires SWAs to cross-match high-risk           A notice also must be provided to the employer
areas, such as UI benefits paid to individuals        to allow a rebuttal of the allegations before the
with Social Security numbers filed in multiple        investigation begins.
states and belonging to deceased persons.

Provide Authority to Ensure the
Integrity of the H-1B Program

If DOL is to have a meaningful role in the foreign
labor certification process for H-1B specialty
occupation visas, it must have the statutory
authority to ensure the integrity of that process.
This authority should include the ability to verify
the accuracy of information provided on labor
condition applications and to initiate its own        Our concern with the Department’s limited
H-1B investigations more broadly.                     ability to ensure the integrity of the certification
                                                      process is heightened by the results of OIG
Currently, unlike H-2A and H-2B investigations,       audits and investigations showing that the
DOL’s authority to investigate H-1B employers         program is susceptible to significant fraud and
is limited and typically requires a complaint by      abuse, particularly by employers and attorneys.
an aggrieved party. In the absence of such a          For example, some staffing companies utilize
complaint, with limited exceptions, DOL may           the H-1B program without having scheduled
only initiate its own H-1B investigations if the      jobs already lined up. Some employers and
Secretary (or Acting Secretary) personally            attorneys misrepresent their need for workers to
certifies there is reasonable cause to believe the    DOL, then reassign the extra workers to other
employer is not in compliance. Even assuming          companies or require foreign workers to find
that such personal certification is obtained,         their own work. There have also been instances
the scope of Secretary-certified investigations       when companies illegally generated profits
is limited. These investigations are restricted       by requiring foreign workers to pay fees and
to willful, pattern- or practice-, or substantial     recurring payments to secure H-1B visas.
violations of the Labor Condition Application
requirements regarding prevailing wage and            Without statutory authority, the Department
benefits, working conditions, labor disputes, and     generally cannot verify employers’ attestations
notification of applications.                         to H-1B certifications unless a complaint is filed
                                                      or the Department utilizes a Secretary-initiated
Additionally, such an investigation must be           investigation. As foreign workers are generally
conducted under specific procedures and               reluctant to file complaints for fear of retaliation
may only be initiated for reasons other than          and losing their jobs, the Department’s process is
completeness and obvious inaccuracies by the          unlikely to result in verification action being taken.


Semiannual Report to Congress | April 1, 2023–September 30, 2023                                        117
                                Legislative Recommendations

Amend Pension Protection Laws                           •   Require direct reporting of ERISA
                                                            violations to DOL. Under current law,
Legislative changes to the Employment                       a pension plan auditor who finds a
Retirement Income Security Act of 1974 (ERISA)              potential ERISA violation is responsible
and criminal penalties for ERISA violations                 for reporting it to the plan administrator,
would enhance the protection of assets in                   but not directly to DOL. To ensure
pension plans. To this end, the OIG continues to            that improprieties are addressed, we
recommend the following legislative actions:                recommend that plan administrators or
•     Repeal ERISA’s limited-scope audit                    auditors be required to report potential
      exemption. This exemption excludes                    ERISA violations directly to DOL. This
      pension plan assets invested in financial             change would ensure the timely reporting
      institutions, such as banks and savings and           of violations and would more actively
      loan firms, from audits of employee benefit           involve auditors in safeguarding pension
      plans. Notwithstanding recent changes                 assets as a first line of defense against
      to auditing standards that strengthen                 the abuse of workers’ pension plans.
      limited-scope audits, these audits prevent        •   Strengthen criminal penalties in U.S.C.
      independent public accountants who are                Title 18. Three sections of U.S.C. Title 18
      auditing pension plans from rendering an              serve as the primary criminal enforcement
      opinion on the plans’ financial statements            tools for protecting pension plans
      in accordance with professional auditing              covered by ERISA. Section 664 sets
      standards. These “no opinion” audits offer            penalties for embezzlement or theft from
      weak assurance of asset integrity either to           employee pension and welfare plans;
      plan participants or to the Department.               Section 1027 sets penalties for making false
•     Expand the authority of the Employee                  statements in documents required by ERISA;
      Benefits Security Administration to                   and Section 1954 sets penalties for giving
      correct substandard benefit plan                      or accepting bribes related to the operation
      audits and ensure that auditors                       of ERISA-covered plans. Sections 664
      with poor records do not perform                      and 1027 subject violators to up to 5 years’
      additional audits. Changes should include             imprisonment while Section 1954 calls for
      providing the Employee Benefits Security              up to 3 years’ imprisonment for violators.
      Administration with greater enforcement               The OIG recommends raising the maximum
      authority over registration, suspension, and          penalty up to 10 years for all three violations
      debarment as well as the ability to levy civil        to correspond with the 10-year penalty
      penalties against employee benefit plan               imposed by Section 669 (for theft from
      auditors. The ability to correct substandard          health care benefit programs). An increased
      audits and take action against auditors is            penalty would serve as a greater deterrent
      essential as benefit plan audits help protect         and, consequently, further protect employee
      participants and beneficiaries by ensuring            pension plans.
      the proper valuation of plan assets and
      computation of benefits.

118                                        Semiannual Report to Congress | April 1, 2023–September 30, 2023
                              Legislative Recommendations

Improve the Integrity of the 		
FECA Program

Legislative reforms should be considered in the
following areas to improve the effectiveness
and integrity of the Federal Employees’
Compensation Act (FECA) program:
•   Provide statutory access to the National
    Directory of New Hires and Social
    Security wage records. Currently, the
    Department has no access to the National
    Directory of New Hires data and can access
    Social Security wage information only if
    the claimant gives it permission. Granting
    the Department routine access to these
    databases would aid in detecting fraud
    committed by individuals receiving FECA
    wage loss compensation but failing to report
    income they have earned.
•   Establish a 3-day waiting period at the           •   Allow the temporary suspension of
    beginning of the claims process.                      medical providers pending the outcome
    FECA legislation provides for a 3-day                 of criminal investigations. While FECA
    waiting period, which is intended to                  regulations allow the Office of Workers’
    discourage the filing of frivolous claims.            Compensation Programs to exclude a
    As currently written, however, the legislation        provider through administrative means, the
    places the waiting period at the end of               Office of Workers’ Compensation Programs
    the 45-day continuation-of-pay period,                must give notice to the provider and afford
    thereby negating its purpose. Legislation             the provider an opportunity for a hearing
    that passed in 2006 placed the waiting                before DOL’s Office of Administrative Law
    period for postal employees immediately               Judges. This process and the various
    after an employment-related injury. If the            procedures involved can be lengthy.
    intent of the law is to ensure a true waiting         Legislative changes are necessary to
    period before an employee applies for                 enable DOL to immediately suspend all
    benefits, then that period should likewise            medical providers who have been indicted
    come immediately after an employment-                 for fraudulent billing practices from providing
    related injury—for all federal workers, not           further medical services and receiving
    exclusively postal employees. This proposal           payments. This proposal was included in the
    was included in the President’s FY 2021               President’s FY 2021 budget as part of the
    budget as part of the Office of Workers’              Office of Workers’ Compensation Programs’
    Compensation Programs’ FECA reform.                   FECA reform.

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                      119
Appendices
                                                    Appendices

                    Reporting Requirements Under
                         the Following Acts
The Inspector General Act of 1978, as Amended
 REPORTING          REQUIREMENT                                                                                       PAGE


                    Recommendations on existing and proposed legislation and regulations relating to the
 Section 4(a)(2)                                                                                                       111
                    programs and operations of DOL


                    Description of significant problems, abuses, and deficiencies relating to the administration
 Section 5(a)(1)    of programs and operations of the establishment and associated reports and                         All
                    recommendations for corrective action made by the Office


                    Identification of each recommendation made before the reporting period, for which
 Section 5(a)(2)    corrective action has not been completed, including the potential costs savings associated         All
                    with the recommendation


 Section 5(a)(3)    Summary of significant investigations closed during the reporting period                          74-96


                    Identification of the total number of convictions during the reporting period resulting from
 Section 5(a)(4)                                                                                                       149
                    investigations


                    Information regarding each audit, inspection, or evaluation report issued during the
                    reporting period, including—
                    (A) a listing of each audit, inspection, or evaluation;
 Section 5(a)(5)    (B) if applicable, the total dollar value of questioned costs (including a separate category       126
                    for the dollar value of unsupported costs) and the dollar value of recommendations that
                    funds be put to better use, including whether a management decision had been made by
                    the end of the reporting period


                    Information regarding any management decision made during the reporting period with
 Section 5(a)(6)                                                                                                       131
                    respect to any audit, inspection, or evaluation issued during a previous reporting period


                    Information from the Federal Financial Management Improvement Act Section 804(b) —
                                                                                                                     None to
 Section 5(a) (7)   instances in which an agency has not met intermediate target dates in a remediation plan,
                                                                                                                      report
                    and the reasons


                    Peer review reporting:
 Section 5(a)(8)    (A) results of any peer review conducted by another OIG, or                                        151
                    (B) a statement identifying the date of the last peer review conducted


                                                                                                          continued on next page




122                                             Semiannual Report to Congress | April 1, 2023–September 30, 2023
                                                     Appendices


                                                                                                                       None to
 Section 5(a)(9)    Outstanding peer review recommendations
                                                                                                                        report


                    Peer reviews conducted by the OIG and recommendations outstanding or not fully                     None to
 Section 5(a)(10)
                    implemented                                                                                         report


                    Statistical tables on investigative findings showing total number of:
                    (A) reports issued;
                    (B) persons referred to the U.S. Department of Justice for prosecution;
 Section 5(a)(11)                                                                                                       149
                    (C) persons referred to state and local prosecuting authorities; and
                    (D) indictments and criminal informations that resulted from any prior referral to
                    prosecuting authorities


 Section 5(a)(12)   Metrics used for developing the data for the statistical tables                                     149


                    Summary of investigations of senior government employees where allegations of
 Section 5(a)(13)   misconduct were substantiated, including the facts, circumstances, status, and disposition          105
                    of the matter


                    Description of whistleblower retaliation cases including information about the official found
 Section 5(a)(14)   to have engaged in retaliation and what, if any, consequences that establishment imposed            107
                    to hold that official accountable


                    Information related to interference by the establishment, including—
                    (A) a detailed description of any attempt by the establishment to interfere with the
                    independence of the Office, including—
 Section 5(a)(15)   (i) with budget constraints designed to limit the capabilities of the Office; and
                                                                                                                       None to
 and Section 6(c)   (ii) incidents where the establishment has resisted or objected to oversight activities of the
                                                                                                                        report
 (2)                Office or restricted or significantly delayed access to information, including the justification
                    of the establishment for such action; and
                    (B) a summary of each report made to the head of the establishment under section 6(c)
                    (2) during the reporting period


                    (A) Descriptions of inspections, evaluations, audits, and investigations that are closed and
                    were not disclosed to the public; and                                                              None to
 Section 5(a)(16)
                    (B) Descriptions of investigations conducted by the office involving a senior government            report
                    employee that are closed and were not disclosed to the public




Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010

 REPORTING          REQUIREMENT                                                                                        PAGE


 Section 989(C)     Peer review reporting                                                                               151




Semiannual Report to Congress | April 1, 2023–September 30, 2023                                                                 123
                                                        Appendices


               Funds Recommended for Better Use
Funds Put to a Better Use Agreed to by DOL151
                                                                                               Number      Dollar Value
                                                                                              of Reports   ($ millions)

 For which no management decision had been made as of the commencement of the reporting
                                                                                                  1          $29,600
 period

 Issued during the reporting period                                                               3           $6,300


 Subtotal                                                                                         1          $35,900


 For which a management decision was made during the reporting period:


 • Dollar value of recommendations that were agreed to by management                              0             $0


 • Dollar value of recommendations that were not agreed to by management                          0             $0


 For which no management decision had been made as of the end of the reporting period             4          $35,900



Funds Put to a Better Use Implemented by DOL
                                                                                               Number      Dollar Value
                                                                                              of Reports   ($ millions)

 For which final action had not been taken as of the commencement of the reporting period         3          $39,310


 For which management or appeal decisions were made during the reporting period                   0             $0


 Subtotal                                                                                         3          $39,310


 For which management decision was made during the reporting period:


 • Dollar value of recommendations that were actually completed                                   0             $0

 • Dollar value of recommendations that management has subsequently concluded should not or
                                                                                                  0             $0
 could not be implemented or completed

 For which no final action had been taken by the end of the period                                3          $39,310



151 The term “recommendation that funds be put to better use” means a recommendation by the OIG that funds
could be used more efficiently or achieve greater program effectiveness if management took actions to implement
and complete the recommendation. This term is defined by the Inspector General Act of 1978, as amended, and
includes, among other things, reductions in future outlays; deobligation of funds from programs or operations;
costs not incurred in the future by implementing recommended improvements related to the operations of the
establishment, a contractor, or a grantee; and any other savings specifically identified, including reverting funds to
Treasury to be used for other purposes.

124                                                  Semiannual Report to Congress | April 1, 2023–September 30, 2023
                                                           Appendices


                                          Questioned Costs
Resolution Activity: Questioned Costs152
                                                                                                            Questioned
                                                                                                Number
                                                                                                               Costs
                                                                                               of Reports
                                                                                                            ($ millions)
For which no management decision had been made as of the commencement of the reporting
                                                                                                   1           $321
period (as adjusted)

Issued during the reporting period                                                                 4           $278

Subtotal                                                                                           5           $599

For which a management decision was made during the reporting period:

• Dollar value of disallowed costs                                                                 0            $0

• Dollar value of costs not disallowed                                                             0            $0

For which no management decision had been made as of the end of the reporting period               5           $599

For which no management decision had been made within six months of issuance                       0            $0

Closure Activity: Disallowed Costs153
                                                                                                            Disallowed
                                                                                                Number
                                                                                                               Costs
                                                                                               of Reports
                                                                                                            ($ millions)
For which final action had not been taken as of the commencement of the reporting period (as
                                                                                                   0            $0
adjusted)

For which management or appeal decisions were made during the reporting period                     0            $0

Subtotal                                                                                           0            $0

For which final action was taken during the reporting period:

• Dollar value of disallowed costs that were recovered                                             0            $0

• Dollar value of disallowed costs that were written off                                           0            $0

• Dollar value of disallowed costs that entered appeal status                                      0            $0

For which no management decision had been made within six months of issuance                       0            $0




152 As defined by the Inspector General Act of 1978, as amended, questioned costs include alleged violations
of law, regulations, contracts, grants, or agreements; costs not supported by adequate documentation; or the
expenditure of funds for an intended purpose that was unnecessary or unreasonable.
153 Disallowed costs are costs that the OIG questioned during an audit as unsupported or unallowable and that the
grant/contracting officer has determined the auditee should repay. The Department is responsible for collecting the
debts established. The amount collected may be less than the amount disallowed, and monies recovered usually
cannot be used to fund other program operations and are returned to Treasury.

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                                      125
                                                       Appendices


                             Final Audit Reports Issued

                                                                          Number of         Questioned Costs
                                                                                                                                       Management
                                                                                                                   Funds Put To      Decision Made by
              Report Title; Report Number; Date Issued

                                                                       Recommendations             ($)
                                                                                                                   Better Use ($)
                                                                                                                                     End of Reporting

                                                                                                                                          Period


                                              Employment and Training Administration

 Tracking the Department of Labor’s Unemployment Insurance
                                                                                                                                    No Response
 Response to Local Communities during the Pandemic;                         0                   $0                    $0
                                                                                                                                      Required
 Report No. 19-23-007-03-315; 07/10/23
 ETA Did Not Provide Adequate Oversight of Emergency
 Administrative Grants;                                                     3            $136,353,568                 $0                  Yes
 Report No. 19-23-006-03-315; 07/27/23
 COVID-19: Audit of State Workforce Agencies’ Information Technology
                                                                                                                                    No Response
 Systems Capability in Processing Unemployment Insurance Claims;            0                   $0                    $0
                                                                                                                                      Required
 Report No. 19-23-008-03-315; 09/19/23
 COVID-19: Unemployment Relief for Governmental Entities and
 Nonprofit Organizations Should Have Been Better Managed;                   3            $29,074,061                  $0                  No
 Report No. 19-23-010-03-315; 09/21/23
 COVID-19: ETA Can Improve its Oversight to Ensure Integrity over
 CARES Act UI Programs;                                                     3                   $0                    $0                  No
 Report No. 19-23-011-03-315; 09/22/23
 Alert Memorandum: ETA Needs to Incorporate Data Analytics
 Capability to Improve Oversight of the Unemployment Insurance
                                                                            3                   $0             $1,292,205,723             No
 Program;
 Report No. 19-23-012-03-315; 09/25/23
 COVID-19: Pandemic Unemployment Assistance for Non-Traditional
 Claimants Weakened by Billions in Overpayments Including Fraud;            3                   $0                    $0                  No
 Report No. 19-23-014-03-315; 09/27/23
 COVID-19: ETA Needs a Plan to Reconcile and Return to the
 U.S. Treasury Nearly $5 Billion Unused by States for a Temporary
                                                                            8            $105,100,000          $4,948,811,006             No
 Unemployment Insurance Program;
 Report No. 19-23-015-03-315; 09/28/23
 COVID-19: The Employment and Training Administration Needs to
 Improve Oversight of Grants Awarded in New Jersey;                         7             $7,165,040           $100,098,923               No
 Report No. 19-23-016-03-391; 09/28/23
 Total (9 Reports)

                                                                                                                     continued on next page




126                                                Semiannual Report to Congress | April 1, 2023–September 30, 2023
                                                       Appendices


                                           Occupational Safety and Health Administration

COVID-19: OSHA Needs to Strengthen Its Process for Awarding
Future Emergency Supplemental Funds to State Plans;                         2            $0                $0              Yes
Report No. 19-23-009-10-105; 08/30/23
COVID-19: OSHA Needs to do More to Address High Injury Rates of
                                                                            7            $0                $0              No
Warehouse Workers; Report No. 19-23-013-10-105; 09/27/23
Total (2 Reports)

                                Office of the Assistant Secretary for Administration and Management

Memorandum: U.S. Department of Labor’s Purchase and Travel Card
                                                                                                                       No Required
Risks Assessed as Low and Moderate;                                         0            $0                $0
                                                                                                                        Response
Report No. 22-23-007-50-598; 08/30/23
Total (1 Report)

                                                 Office of the Chief Financial Officer

The U.S. Department of Labor Did Not Meet the Requirement for
Compliance with the Payment Integrity Information Act for Fiscal Year       3            $0                $0              Yes
2022; Report No. 22-23-006-13-001; 6/9/23
Total (1 Report)

                                            Office of Workers’ Compensation Programs

Service Auditors’ Report on the Integrated Federal Employees’
Compensation System; Service Auditors’ Report on Optum Workers’
Compensation and Auto No-Fault’s Retail Pharmacy Network Services                                                      No Response
                                                                            0            $0                $0
System; and Service Auditors’ Report on the U.S. Department of Labor                                                     Required
Workers’ Compensation Medical Bill Processing System;
Report No. 22-23-008-04-431; 09/20/23
Total (1 Reports)

                    Final Audit Total (14 Reports)                          42      $277,692,669      $6,341,115,652




Semiannual Report to Congress | April 1, 2023–September 30, 2023                                                                 127
                                                        Appendices


                                               Other Reports
                                                                                                 Management Decision
                                                                                  Number of
                 Report Title; Report Number; Date Issued                                           Made by End of
                                                                               Recommendations
                                                                                                   Reporting Period



                                                Employment and Training Programs



 Workforce Innovation and Opportunity Act


 Quality Control Review for the Single Audit of the Puerto Rico Department
 of Economic Development and Commerce for the Fiscal Year Ended
                                                                                      0          No Response Necessary
 June 30, 2021;
 Report No. 24-23-004-50-598; 09/19/23

 Quality Control Review for the Single Audit of South Carolina Department of
 Employment Workforce for the Year Ended June 30, 2021;                               7                   No
 Report No. 24-23-003-50-598; 09/26/23

 Quality Control Review for the Single Audit of the Center for Workforce
 Inclusion, Inc., for the Fiscal Year Ended June 30, 2022;                            0          No Response Necessary
 Report No. 24-23-005-50-598; 09/27/23


 Total (3 Reports)



 Other Reports Total (3 Reports)                                                      7




128                                                  Semiannual Report to Congress | April 1, 2023–September 30, 2023
                                                    Appendices


  Unresolved Audit Reports Over 6 Months Old


                                                                                                     Number of Unimplemented
                                                                                                                               Questioned
    Agency                           Report Title; Report Number; Date Issued



                                                                                                        Recommendations
                                                                                                                                Costs ($)




             Agency Management Decision or Grant/Contracting Officer’s Final Determination Did Not Resolve;
                                            OIG Negotiating with Agency

                  COVID-19: More Can Be Done to Mitigate Risk to Unemployment Compensation
      ETA         Under the CARES Act;                                                                       1                   $0
                  Report No. 19-20-008-03-315; 08/07/20
                  Alert Memorandum: The Employment and Training Administration Needs to Issue
                  Guidance to Ensure State Workforce Agencies Provide Requested Unemployment
      ETA                                                                                                    2                   $0
                  Insurance Data to the Office of Inspector General;
                  Report No. 19-21-005-03-315; 06/16/21
                  Unemployment Insurance Overpayments Related to Work Search Underscore the
      ETA         Need for More Consistent State Requirements;                                               1                   $0
                  Report No. 04-21-001-03-315; 09/29/21
                  Alert Memorandum: The Employment and Training Administration Needs to Ensure
                  State Workforce Agencies Report Activities Related to CARES Act Unemployment
      ETA                                                                                                    1                   $0
                  Insurance Programs;
                  Report No. 19-22-004-03-315; 08/02/22
                  Alert Memorandum: Potentially Fraudulent Unemployment Insurance Payments in
      ETA         High Risk Areas Increased to $45.6 Billion;                                                2                   $0
                  Report No. 19-22-005-03-315; 09/21/22
                  COVID-19: ETA and States Did Not Protect Pandemic-Related UI Funds from
      ETA         Improper Payments Including Fraud or from Payment Delays;                                  2                   $0
                  Report No. 19-22-006-03-315; 09/30/22

                  MSHA Needs to Provide Better Oversight of Emergency Response Plans;
     MSHA                                                                                                    2                   $0
                  Report No. 05-17-002-06-001; 03/31/17

                  MSHA Did Not Evaluate Whether Civil Monetary Penalties Effectively Deterred
     MSHA         Unsafe Mine Operations;                                                                    2                   $0
                  Report No. 23-19-002-06-001; 08/16/19
    Office of
    Assistant   [Federal Information Security Modernization Act of 2014 (FISMA)] Fiscal Year 2015:
  Secretary for Ongoing Security Deficiencies Exist;                                                         1                   $0
 Administration Report No. 23-16-002-07-725; 09/30/16
and Management

                                                                                                        continued on next page




Semiannual Report to Congress | April 1, 2023–September 30, 2023                                                                            129
                                                       Appendices

 Office of Federal
                     OFCCP Did Not Show It Adequately Enforced EEO Requirements on Federal
   Contracting
                     Construction Contracts;                                                              1                      $0
   Compliance
                     Report No. 04-20-001-14-001; 03/27/20
     Programs
                     DOL’s IT Governance Lacked the Framework Necessary to Support the Overall
   Office of the
                     Mission;                                                                             1                      $0
    Secretary
                     Report No. 23-21-002-01-001; 09/30/21
                     OWCP Did Not Ensure Best Prices and Allowed Inappropriate, Potentially Lethal
      OWCP           Prescriptions in the FECA Program;                                                   6             $321,261,486
                     Report No. 03-23-001-04-431; 03/31/23

       Agency Management Decision or Grant/Contracting Officer’s Final Determination Not Issued By Close of Period


Total Nonmonetary Recommendations and Questioned Costs                                                   22             $321,261,486




                                                                                                        Number of           Funds Recommended for
      Agency                            Report Title; Report Number; Date Issued


                                                                                                                                 Better Use ($)
                                                                                                     Recommendations




               Agency Management Decision or Grant/Contracting Officer’s Final Determination Did Not Resolve;
                                              OIG Negotiating with Agency

                     Alert Memorandum: Potentially Fraudulent Unemployment Insurance Payments in
       ETA           High Risk Areas Increased to $45.6 Billion;                                          1            $29,581,490,253
                     Report No. 19-22-005-03-315; 09/21/22


Total Funds Recommended for Better Use                                                                    1            $29,581,490,253




Total Audit Exceptions and Questioned Costs                                                              22             $321,261,486



Total Funds Recommended for Better Use                                                                    1            $29,581,490,253



Total Audit Exceptions and Funds Recommended for Better Use                                              23            $29,902,751,739




130                                                 Semiannual Report to Congress | April 1, 2023–September 30, 2023
                                                         Appendices


    Management Decision Made During this
    Reporting Period on Audits, Inspections,
    or Evaluations Issued during a Previous
  Reporting Period: Final Audit Reports Issued

                                                                                                             Funds Put to Better Use
                                                                                                                                       Management Decision



                                                                                      Questioned Costs ($)
                                                                       Number of
                                                                                                                                        Made on Previously
           Report Title; Report Number; Date Issued


                                                                                                                       ($)
                                                                    Recommendations
                                                                                                                                          Issued Audits



Employment and Training Administration

Alert Memorandum: ETA and States Need to Ensure the Use
of Identity Verification Service Contractors Results in Equitable
Access to Unemployment Insurance Benefits and Secure                     3             $0                          $0                       Yes
Biometric Data;
Report No. 19-23-005-03-315; 3/31/23

Total (1 Report)

Office of the Chief Financial Officer

FY 2022 DOL’s Consolidated Financial Statements Report;
                                                                         3             $0                          $0                       Yes
Report No. 22-23-002-13-001; 12/13/22

DOL FY 2022 Management Advisory Comments;
                                                                         8             $0                          $0                       Yes
Report No. 22-23-005-13-001; 1/30/23

Total (2 Reports)

Office of the Chief Information Officer

FY 2022 FISMA DOL Information Security Report;
                                                                         8             $0                          $0                       Yes
Report No. 23-23-001-07-725; 2/10/23

Total (1 Report)

                                                                                                                       continued on next page




Semiannual Report to Congress | April 1, 2023–September 30, 2023                                                                                      131
                                                      Appendices

 Occupational Safety and Health Administration

 COVID-19: OSHA’s Enforcement Activities Did Not Sufficiently
 Protect Workers from Pandemic Health Hazards;                      5        $0              $0            Yes
 Report No. 19-23-001-10-105; 10/31/22

 OSHA Needs to Better Address Complaints and Referrals for
 Increased Worker Safety;                                           3        $0              $0            Yes
 Report No. 02-23-001-10-105; 3/6/23

 Total (2 Reports)

 Office of Workers’ Compensation Programs

 Special Report Relating to the Federal Employees’ Compensation                                            No
 Act Special Benefit Fund September 30, 2022;                       0        $0              $0         Response
 Report No. 22-23-001-04-431; 11/3/22                                                                   Required154

 COVID-19: Insights on Telehealth Use and Program Integrity Risks                                           No
 in DOL Workers’ Compensation Programs during the Pandemic;         0        $0              $0          Response
 Report No. 19-23-002-04-001; 12/13/22                                                                   Required

 FY 2021 Longshore and Harbor Workers’ Compensation Act
                                                                                                            No
 Special Fund Financial Statements and Independent Auditors’
                                                                    0        $0              $0          Response
 Report;
                                                                                                         Required
 Report No. 22-23-003-04-432; 2/22/23

 FY 2021 District of Columbia Workmen’s Compensation Act
 Special Fund Financial Statements and Independent Auditors’
                                                                    2        $0              $0            Yes
 Report;
 Report No. 22-23-004-04-432; 2/22/23

 OWCP Did Not Ensure Best Prices and Allowed Inappropriate,
 Potentially Lethal Prescriptions in the FECA Program;              10   $321,261,486        $0            Yes
 Report No. 03-23-001-04-431; 3/31/23

 Total (5 Reports)

 Final Audit Total (11 Reports)                                     42   $321,261,486        $0




154 The notation of “No Response Required” indicates that no management decision was due from the agency
because the report issued had no recommendations.

132                                                Semiannual Report to Congress | April 1, 2023–September 30, 2023
                                                     Appendices


        Management Decision Made During this
        Reporting Period on Audits, Inspections,
        or Evaluations Issued during a Previous
        Reporting Period: Other Reports Issued

                                                                                                     Management
                                                                                    Number of      Decision Made by
                    Report Title; Report Number; Date Issued
                                                                                 Recommendations   End of Reporting
                                                                                                        Period



                                              Employment and Training Programs


Workforce Innovation and Opportunity Act

Quality Control Review Single Audit of State of New Mexico Workforce Solutions
Department for The Year Ended June 30, 2021;                                            2                No
Report No. 24-23-001-50-598; 3/7/23

Quality Control Review Single Audit of Service, Employment, and Redevelopment
                                                                                                     No Response
Jobs for Progress National, Inc. for The Year Ended June 20, 2022;                      0
                                                                                                       Required
Report No. 24-23-002-50-598; 3/30/23

Total (2 Reports)

                                                   Congressional Testimony


Testimony before the U.S. House of Representatives Committee on Ways and Means


The Greatest Theft of American Tax Dollars: Unchecked Unemployment Fraud;                            No Response
                                                                                        0
Report No. 19-23-003-03-315; 2/8/23                                                                    Required


Testimony before the U.S. House of Representatives Committee on Oversight and Accountability Subcommittee on
Government Operations and the Federal Workforce

Waste, Fraud, and Abuse Go Viral: Inspectors General on Curing the Disease;                          No Response
                                                                                        0
Report No. 19-23-004-03-315; 3/9/23                                                                    Required

Total (2 Reports)


Other Reports Total (4 Reports)                                                         2




Semiannual Report to Congress | April 1, 2023–September 30, 2023                                                   133
                                              Appendices


      Corrective Actions Taken by the Department
  During this reporting period, we took final action to close recommendations within reports based on
  corrective action taken by the Department. The following is a summary of the most significant actions.


Alert Memorandum: The Employment and Training Administration Needs
to Issue Guidance to Ensure State Workforce Agencies Provide Requested
Unemployment Insurance Data to the Office of Inspector General; 		
Report No. 19-21-005-03-315; 06/16/21

During the OIG’s pandemic oversight work, ETA sought coordination with the OIG on pandemic-related
UI information disclosure guidance to SWAs. However, the guidance would limit the OIG’s access to
claims data for investigative purposes only. The OIG highlighted that ETA’s guidance would hinder
recurring SWA UI data access for audits. Despite this feedback, ETA neither revised its guidance
nor introduced new guidance, citing a lack of authority to mandate that SWAs to share UI data with
the OIG.

Due to these limitations, the OIG issued an alert memorandum emphasizing that, while ETA’s
guidance limited UI data sharing with the OIG to specific fraud investigations, the Inspector
General Act of 1978, as amended, authorizes broader access to combat fraud, waste, and abuse.
Additionally, ETA’s pre-pandemic guidance mandates a prior agreement with the OIG before sharing
confidential UI information. Therefore, we recommended the Principal Deputy Assistant Secretary
of Employment and Training amend 20 C.F.R. § 603.5 and 603.6(a) through the rulemaking process
to reinforce that UI information must be provided to the OIG for all Inspector General engagements
authorized under the Inspector General Act of 1978, as amended, including audits, evaluations, and
investigations.

In July 2023, DOL initiated the process to amend C.F.R. Part 603. ETA called for input on the
disclosure of confidential wage records in the context of state unemployment compensation
information confidentiality regulations. This move aimed to potentially update the regulations
considering advancements in IT and the public workforce system concerning the disclosure of
confidential unemployment compensation data. Although not yet conclusive, this development is a
significant stride towards addressing a crucial OIG recommendation.




134                                        Semiannual Report to Congress | April 1, 2023–September 30, 2023
                                           Appendices

COVID-19: States Struggled to Implement CARES Act Unemployment Insurance
Programs; Report No. 19-21-004-03-315; 05/28/21

On March 27, 2020, Congress passed the CARES Act to provide expanded UI benefits to workers
directly affected by the COVID-19 pandemic, necessitating both ETA and states implement major
changes to the existing UI systems. In our audit of how DOL and states implemented key CARES
Act UI programs, we found states faced challenges in promptly implementing programs and
adhering to ETA’s payment standards. There were varying delays across programs, and many
states did not meet the 14- or 21-day promptness criteria for regular UI payments. Consequently, we
recommended that the Principal Deputy Assistant Secretary for Employment and Training establish
standards to offer clear and reasonable timeframes for the implementation of temporary programs,
ensuring prompt benefit payments to claimants.

By November 2022, ETA confirmed its new practice of providing reasonable timeframes in recent
guidelines for states. For instance, three Unemployment Insurance Program Letters included
directives about the timeline for implementing changes to pandemic related UI programs. We closed
this recommendation based on ETA’s actions taken.

COVID-19: Alert Memorandum: ETA and States Need to Ensure the Use of
Identity Verification Service Contractors Results in Equitable Access to UI
Benefits and Secure Biometric Data; Report No. 19-23-005-03-315; 3/31/2023

Resulting from the economic impact of the COVID-19 pandemic, UI programs have become a target
for fraud with significant numbers of imposter claims being filed with stolen or synthetic identities. To
combat these imposter claims, 24 out of 53 SWAs (45 percent) hired a total of 10 identity verification
service contractors that utilized facial recognition technology.

We issued an alert memorandum detailing concerns that the use of identity verification service
contractors may not result in equitable and secure access to UI benefits in the processing of
UI claims. Consequently, we recommended that the Principal Deputy Assistant Secretary for
Employment and Training offer guidance to SWAs on providing fair alternatives to facial recognition,
mandate bias testing and reporting for such technology, and ensure contracts with verification
providers prioritize data security and regular purging.

In April 2023, ETA promptly issued guidance to states via Unemployment Insurance Program
Letter No. 22-21, Change 2, highlighting SWA obligations under 29 C.F.R. § 38.51. The guidance
emphasized testing facial recognition systems for biases and collaborating with providers to address
these issues. By June 2023, in follow-up guidance, Unemployment Insurance Program Letter 		
09-23, ETA mandated states disclose bias testing results and continually update measures to rectify
identified biases. We closed this recommendation based on ETA’s actions taken.

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                     135
                                             Appendices

MSHA Needs to Improve Efforts to Protect Coal Miners from Respirable
Crystalline Silica; Report No. 05-21-001-06-001; 11/12/2020

More than three times as many coal miners were identified as having black lung disease from
2010-2014 when compared to the late 1990s (1995-1999). The evidence indicates respirable
crystalline silica (silica)—a carcinogen and contributing cause of black lung disease—may be
responsible for this increase. The Federal Mine Safety and Health Act of 1977 requires MSHA to set
standards based on the best available evidence to protect miners from exposure to toxic materials
or harmful agents. However, over the past four decades, various stakeholders have raised concerns
about miners’ exposures to silica.

Our audit found MSHA had not sufficiently protected coal miners from exposure to silica. MSHA’s
silica exposure limit was out of date, MSHA could not cite and fine mine operators for excess silica
exposures alone, and MSHA’s sampling for silica may be too infrequent to be sufficiently protective.

On July 13, 2023, MSHA issued a proposed rule in the Federal Register, Volume 88, Number 133,
titled “Lowering Miners’ Exposure to Respirable Crystalline Silica and Improving Respiratory
Protection (RIN 1219–AB36).” In the proposed rule, MSHA proposed a permissible exposure limit
of 50 micrograms per cubic meter of air during a full shift, calculated as an 8-hour time-weighted
average for coal, metal and nonmetal miners, and an action level of 25 milligrams per cubic meter of
air for silica exposure. The proposed rule also states:

      [t]he adoption of a separate standard would hold operators accountable, at risk of a citation and
      monetary penalty, when overexposures of the respirable crystalline silica permissible exposure
      limit occur and enhance its sampling program to increase the frequency of operator sampling.

This proposed rule would add to Title 30 C.F.R. Part 60 to allow MSHA to issue a citation and
monetary penalty when violations of its silica exposure limit occur. Although not yet finalized, this
proposed rule is a significant stride towards addressing crucial OIG recommendations.




136                                       Semiannual Report to Congress | April 1, 2023–September 30, 2023
                                            Appendices

Region IX Whistleblower Protection Program Complaints Were Not Complete or
Timely; Report No. 02-21-001-10-105; 11/23/2020

On July 6, 2018, then-Secretary of Labor Alexander Acosta received a referral from the U.S. Office
of Special Counsel that described allegations against the OSHA Whistleblower Protection Program.
The program investigates complaints of employer retaliation when employees report violations
of law by their employers. The whistleblower in the U.S. Office of Special Counsel’s referral was
an investigator for OSHA from 2010 to 2015. The whistleblower alleged OSHA’s Region IX had
breakdowns processing the complaints it received, which, in turn, resulted in widespread failure to
protect complainants.

Our audit found OSHA’s current database was not an effective tool to ensure the essential elements
of the investigation were completed by investigators. Moreover, the database did not flag periods
of inactivity on an investigation to prompt the investigator to proceed with the next element and
maintain contact with the complainant and respondent. In response to our audit, OSHA:
•   Completed and launched the Whistleblower OSHA Information System database module, which
    highlights periods of inactivity during an ongoing investigation to investigators and supervisors. It
    monitors and tracks periods of inactivity via three methods:
    1. open cases with the number of days open for each case are displayed in a dashboard on the
       OSHA Information System landing page for the investigator and supervisor;
    2. a Pending Investigation and Intake report is available for users to generate, which will provide
       a list of open cases with various indicators including number of days pending and last diary
       event date and notes; and
    3. through the Complaint Search function in which the search results provide a list of cases with
       indication of the last updated date and time for each case.
•   Implemented an investigative checklist for regional management to ensure essential elements
    were completed before closing an investigation.

We closed this recommendation based on the proven solution OSHA implemented to improve
case management.




Semiannual Report to Congress | April 1, 2023–September 30, 2023                                     137
                                                   Appendices


               Unimplemented Recommendations
  During this reporting period, there were no instances of audits or evaluations provided to the Department
  for comment that were not responded to within 60 days. Management decisions were received in
  response to all audits and evaluations issued before the commencement of this reporting period.

  From October 1, 2011, through March 31, 2023, the OIG made 1,761 audit recommendations, of which 160
  have not been fully implemented. These 160 recommendations include 109 recommendations resulting from
  audits issued since the end of FY 2020, and, in many cases, the corrective action plans are in place.


RECOMMENDATIONS MADE PRIOR TO APRIL 1, 2023, NOT YET IMPLEMENTED
                                                                        Unimplemented Recommendations
                                    Total Number of
         Fiscal Year
                                 Recommendations Made
                                                                    Total Number              Monetary Impact ($)

            2011                           319                           6                                          $0

            2012                           213                           0                                          $0

            2013                           195                           0                                          $0

            2014                           128                           1                                          $0

            2015                           163                           2                                          $0

            2016                           100                           1                                          $0

            2017                           112                           8                                          $0

            2018                           98                            1                                          $0

            2019                           84                            19                                         $0

            2020                           105                           13                                         $0

            2021                           133                           47                           $39,311,226,638

            2022                           67                            26                           $29,581,490,253

           2023155                         44                            36                              $321,261,486

            Total                         1,761                         160                           $69,213,978,377




155 FY 2023 shows data for the first half of the fiscal year (October 1, 2022, to March 31, 2023).

138                                              Semiannual Report to Congress | April 1, 2023–September 30, 2023
                                                        Appendices


High-Priority Unimplemented Recommendations
  The following table summarizes the unimplemented recommendations the OIG considers to be the
  highest priorities for the Department.


     Report Title; Report Number;
                                                                      Unimplemented Recommendation(s)
             Date Issued
                                                Unemployment Insurance Benefits
COVID-19: More Can Be Done to               Include CARES Act UI transactions in the Benefit Accuracy Measurement (BAM) or
Mitigate Risk to Unemployment               develop an alternative methodology to reliably estimate improper payments for those
Compensation Under the CARES Act;           programs;156
Report No. 19-20-008-03-315; 08/07/20       Issue guidance directing states to provide access to state UI claimant data to prevent and
                                            detect fraud.
Alert Memorandum: The Employment            Establish effective controls, in collaboration with SWAs, to mitigate fraud and other
and Training Administration (ETA)           improper payments to ineligible claimants, including the areas identified in the
Needs to Ensure State Workforce             memorandum: UI benefits paid to multistate claimants, claimants who used the Social
Agencies (SWA) Implement Effective          Security numbers of deceased individuals, potentially ineligible federal inmates, and
Unemployment Insurance Program              claimants with suspicious email accounts. Effective controls will help prevent similar
Fraud Controls for High Risk Areas;         or greater amounts of fraud and allow those funds to be put to better use; Work with
Report No. 19-21-002-03-315; 02/22/21       Congress to establish legislation requiring SWAs to cross-match high-risk areas,
                                            including the four areas identified in the memorandum.
COVID-19: States Struggled to               Continue to work with states to develop, operate, and maintain a modular set of
Implement CARES Act Unemployment            technological capabilities to modernize the delivery of UI benefits that is sufficient to
Insurance Programs;                         manage and process sudden spikes in claims volume during emergencies or high
Report No. 19-21-004-03-315; 05/28/21       unemployment.
Alert Memorandum: The Employment            Amend 20 C.F.R. 603.5 and 603.6(a) through the rulemaking process to reinforce that UI
and Training Administration Needs           information must be provided to DOL OIG for all IG engagements authorized under the IG
to Issue Guidance to Ensure State           Act, including audits, evaluations, and investigations.
Workforce Agencies Provide Requested
Unemployment Insurance Data to the
Office of Inspector General;
Report No. 19-21-005-03-315; 06/16/21
Alert Memorandum: The Employment            Take immediate action to require the National Association of State Workforce Agencies to
and Training Administration Does Not        refer information to ETA and the OIG on suspected fraud, waste, abuse, mismanagement,
Require the National Association of State   or misconduct, per Department of Labor Manual Series (DLMS) 8-106(D)(3). Such
Workforce Agencies to Report Suspected      actions could include modification of ETA’s grant award or issuance of unemployment
Unemployment Insurance Fraud Data           insurance program policy guidance to ensure ETA complies with the notice requirement
to the Office of Inspector General or the   and its grantees comply with the reporting requirements of the DLMS;
Employment and Training Administration;     Continue to work with the OIG and, within 30 days of this memorandum, meet with the
Report No. 19-21-006-03-315; 07/01/21       OIG to develop a permanent approach to OIG access to IDH data.

                                                                                                               continued on next page




156 These programs are: PUA, PEUC, FPUC, TFFF, EURGENO, and Temporary Financing of Short-Time Compensation.

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                                                        139
                                                       Appendices

 Alert Memorandum: The Employment          Continue to identify states that have not complied with ETA’s reporting requirements for
 and Training Administration Needs         CARES Act UI programs and work with them to ensure missing reports and information
 to Ensure State Workforce Agencies        are submitted before commencement of the Department’s FY 2022 financial statement
 Report Activities Related to CARES Act    audit;
 Unemployment Insurance Programs;          Verify the accuracy of reports that cite no activity and ensure corrections are made where
 Report No. 19-22-004-03-315; 08/02/22     warranted.
Alert Memorandum: Potentially Fraudulent Implement immediate measures to ensure SWAs are required to provide ongoing access
Unemployment Insurance Payments          to the OIG by amending its current guidance to require disclosures to the OIG for audits
in High-Risk Areas Increased to $45.6    and investigations as necessary, mandatory, and without time limitation for the proper
Billion;                                 oversight of the UI program;
Report No. 19-22-005-03-315; 9/21/22     Expedite OIG-related amendments to 20 C.F.R. § 603.6(a) to make ongoing disclosures
                                         of UI information to DOL OIG mandatory by expressly adding the U.S. Department of
                                         Labor, Office of Inspector General (including its agents and contractors) to the list of
                                         required disclosures that are necessary for the proper oversight of the UI program without
                                         distinction as to purpose (e.g., audits versus investigations);
                                         Expedite OIG-related amendments to 20 C.F.R. § 603.5(i) to expressly make disclosures
                                         of UI information to federal officials for oversight, audits, and investigations of federal
                                         programs mandatory.
COVID-19: ETA and States Did Not         Use data collected from monitoring and BAM reports to identify the areas of highest
Protect Pandemic-Related UI Funds from improper payments including fraud and create a plan to prevent similar issues in future
Improper Payments Including Fraud or     temporary UI benefit programs;
from Payment Delays;                     Require states to have written policies and procedures, which apply lessons learned
Report No. 19-22-006-03-315; 09/30/22    during the COVID-19 pandemic, to continue eligibility testing and Benefit Payment Control
                                         procedures during emergencies or other times of increased claims volume. These policies
                                         and procedures should include strategies to pay claimants timely; Work with NASWA to
                                         update the IDH Participant Agreement to require state to submit the results of their UI
                                         fraud investigations;
                                         Work with NASWA to ensure the IDH cross matches are effective at preventing the types
                                         of fraud that were detected during the pandemic and regularly update using the results of
                                         state fraud investigations;
                                         Work with the OIG and states to recover the greatest practicable amount of the
                                         $7,092,604 paid to claimants connected to likely fraudulent claims.
Alert Memorandum: ETA Needs to           Obtain direct access to unemployment insurance claims data from all State Workforce
Incorporate Data Analytics Capability to Agencies; Create an integrity program that incorporates a data analytics capability and
Improve Oversight of the Unemployment regularly monitors state unemployment insurance claims data to detect and prevent
Insurance Program;                       improper payments, including fraudulent payments, and to identify trends and emerging
Report No. 19-23-012-03-315; 09/25/23    issues that could negatively impact the unemployment insurance program.
COVID-19: Pandemic Unemployment          Work with Congressional stakeholders to inform them of the urgency of the statute of
Assistance for Non-Traditional Claimants limitations concerning pandemic-related UI fraud.
Weakened by Billions in Overpayments
Including Fraud;
Report No. 19-23-014-03-315; 09/27/23
                                                                                                           continued on next page




140                                                Semiannual Report to Congress | April 1, 2023–September 30, 2023
                                                         Appendices

                                                            Worker Safety
MSHA Needs to Provide Better Oversight   Clarify mine operators’ responsibilities for local coordination under the Mine Improvement
of Emergency Response Plans;             and New Emergency Response (MINER) Act, including coordination and communication
Report No. 05-17-002-06-001; 03/31/17    between the operator, mine rescue teams, and local emergency response personnel, and
                                         familiarizing local rescue personnel with surface functions that may be required in the
                                         course of mine rescue work.
MSHA Needs to Improve Efforts to Protect Adopt a lower legal exposure limit for silica in coal mines based on recent scientific
Coal Miners from Respirable Crystalline  evidence; Establish a separate standard for silica that allows MSHA to issue citations
Silica;                                  and monetary penalty when violations of its silica exposure limit occur; Enhance its
Report No. 05-21-001-06-001; 11/12/20    sampling program to increase the frequency of inspector samples where needed (e.g., by
                                         implementing a risk-based approach).
OSHA’s Diminished Enforcement Left       Implement a policy for future emphasis programs that minimizes the lapse in enforcement
More Workers at Risk for Exposure to     between canceled, revised, or new programs;
Silica;                                  Establish meaningful goals and processes to assess whether OSHA’s outreach events are
Report No. 02-21-003-10-105; 09/29/21    achieving the desired results in reaching a targeted number of workers at risk of exposure
                                         to silica.
COVID-19: To Protect Mission Critical    Develop an OSHA outreach plan to be activated during a large-scale safety and health crises
Workers, OSHA Could Leverage             such as the COVID-19 pandemic that (a) identifies external federal agencies with enforcement
Inspection Collaboration Opportunities   or oversight personnel who are active on worksites and (b) defines how OSHA will collaborate
with External Federal Agencies; Report   with those agencies. OSHA should consider incorporating into the plan: a process to identify
No. 19-22-003-10-105; 03/31/22           and document highly visible safety and health hazards for large-scale safety and health crises;
                                         a plan for how OSHA will conduct related outreach and training on those hazards and how
                                         to refer them to OSHA; and a tracking system for agency referrals and outcomes of those
                                         referrals, using that information to periodically inform the outreach plan on areas and types of
                                         guidance and training the agencies’ oversight and enforcement personnel need;
                                         Explore mechanisms to enhance collaboration, such as memorandums of understanding or
                                         other written agreements using GAO’s seven key features for collaboration, and incorporate a
                                         process to utilize those mechanisms into the outreach plan.
COVID-19: OSHA’S Enforcement                 As part of OSHA’s rulemaking on infectious diseases, require employers to notify all
Activities Did Not Sufficiently Protect      employees of all known positive cases of infectious diseases at the worksite;
Workers from Pandemic Health Hazards;        Develop and implement a tracking tool to ensure OSHA receives and reviews all items
Report No. 19-23-001-10-105; 10/31/22        CSHOs request during inspections to ensure alleged hazards have been mitigated.
OSHA Needs to Better Address                 Modify the Field Operations Manual to include a policy for mandatory interviews of
Complaints and Referrals for Increased       complainants and witnesses or document the rationale for lack thereof and provide
Worker Safety;                               training to Compliance Safety and Health Officers on the updated requirements.
Report No. 02-23-001-10-105; 03/06/23

COVID-19: OSHA Needs to do More to           Develop specific, measurable inspection goals for the Site-Specific Targeting program,
Address High Injury Rates of Warehouse       including a baseline for the number of inspections in each Site-Specific Targeting
Workers; Report No. 19-23-013-10-105;        category, and periodically monitor progress toward those goals; Develop a more effective
09/27/23                                     enforcement strategy to improve employer Form 300A compliance; Assess Form 300A
                                             data categories and gather more specific supporting information about injuries to better
                                             identify the count and type of injuries reported, such as musculoskeletal disorders;
                                             Develop specific measurable inspection goals for the warehousing National Emphasis
                                             Program, including a baseline for the number of inspections to complete and periodically
                                             monitor progress toward those goals. Ensure the goals contain metrics that demonstrate
                                             the outcomes of the program.

                                                                                                              continued on next page




Semiannual Report to Congress | April 1, 2023–September 30, 2023                                                                     141
                                                        Appendices

                                                Employment and Training Programs
 ETA Did Not Sufficiently Plan and           Improve funding opportunity announcements for discretionary grant programs by:
 Execute the American Apprenticeship         evaluating program goals using the SMART concept or a similar approach, and including
 Initiative Grant Program;                   required metrics that directly measure the success of each program goal, are clear,
 Report No. 05-21-004-03-375; 09/30/21       and are easily verifiable; having a scoring element covering completeness of applicant
                                             proposals for items requested in the announcement that reduces in points when the
                                             proposal is missing an element(s), significantly changes the wording of an element(s), or
                                             incorrectly addresses an element(s); and identifying targeted occupations in the Funding
                                             Opportunity Announcement language and/or scoring elements, or requiring submission
                                             of the career pathway to an H-1B occupation as support during apprenticeship program
                                             registrations or apprentice registrations.
                                                          Employee Benefits
 EBSA Did Not Have the Ability to            Reduce or eliminate exemption thresholds for small plans.
 Protect the Estimated 79 Million Plan
 Participants in Self Insured Health Plans
 from Improper Denials of Health Claims;
 Report No. 05-17-001-12-121; 11/18/16
 OWCP Did Not Ensure Best Prices and         Implement a process to ensure competitive prices for the FECA program by regularly
 Allowed Inappropriate, Potentially Lethal   evaluating alternate pricing methodologies and other sources—including publicly
 Prescriptions in the FECA Program;          available benchmark price lists, state fee schedules, market research, and comparable
 Report No. 03-23-001-04-431; 3/31/23        payers—and updating its pricing methodology as appropriate;
                                             Implement a process to review the effectiveness of policy changes, including:
                                             (a) documented assessment of prescription information after any changes in the
                                             authorization, approval, and/or adjudication process; and (b) documented solutions for
                                             any performance gaps identified during the review, including follow-up testing; Implement
                                             an ongoing pharmaceutical monitoring and alert program to identify and closely monitor
                                             significant changes in costs, prescribing patterns, utilization, sources, and new and novel
                                             prescription drugs;
                                             Establish internal controls that identify prescription drugs payment and management
                                             issues in near-real-time;
                                             Implement a technology solution to perform ongoing prescription-claim-level reviews in
                                             near real-time;
                                             Develop and deliver ongoing formal training for staff involved in making pharmaceutical
                                             decisions.

                                                                                                              continued on next page




142                                                  Semiannual Report to Congress | April 1, 2023–September 30, 2023
                                                      Appendices

                                                  Departmental Management
FISMA Fiscal Year 2015: Ongoing           Realign the organizational structure as it relates to the Chief Information Officer to
Security Deficiencies Exist;              address organizational independence issues.
Report No. 23-16-002-07-725; 09/30/16
FY 2019 FISMA DOL Information             Implement improvements in DOL’s information security program for the following areas:
Security Report: Implementation of        Configuration Management, and Access Management, Data Protection and Privacy.
Security Tools Hindered by Insufficient
Planning;
Report No. 23-20-002-07-725; 12/23/19
DOL Needs to Do More to Secure            Establish and implement procedures to ensure E2 Solutions (E2) account management
Employees’ Personally Identifiable        practices enforce DOL’s security policies;
Information in the Travel Management      Establish and implement procedures to ensure E2 is managed in compliance with
System;                                   contractual security requirements and DOL computer security policies for contracted
Report No. 23-20-003-13-001; 09/10/20     information systems.
FY 2020 FISMA DOL Information             Implement a process for approving deviations from established configuration settings.
Security Report: Progress Needed
to Improve Risk Management and
Continuous Monitoring Information
Security Controls;
Report No. 23-21-001-07-725; 12/22/20
DOL’s IT Governance Lacked the            Reorganize the Chief Information Officer position to have a direct reporting relationship to
Framework Necessary to Support the        the Deputy Secretary and independent of ASAM;
Overall Mission Report;                   Ensure the Chief Information Officer is a lead member with voting rights of DOL’s executive
Report No. 23-21-002-01-001; 09/30/21     strategy and management boards and committees including but not limited to the
                                          Management Review Board, Enterprise Shared Services Governance Board, COVID-19
                                          Coordination team, and Enterprise Risk Management Council; Establish an MOU or
                                          other agreement between the Office of the Chief Information Officer and all departmental
                                          agencies to establish and state the roles and responsibilities of IT between each set of
                                          respective agencies; Reassess the incorporation of BLS and OCFO as part of IT Shared
                                          Services within 2021, and document the reasoning for the decision reached;
                                          Codify the policies and procedures that define IT governance and key supporting IT
                                          elements.
FY 2022 Independent Auditors’ Report      Design and implement controls over their respective estimates to ensure management’s
on DOL’s CFS;                             review of the estimates are performed at a sufficient level of detail, including the
Report No. 22-23-002-13-001; 12/13/22     methodology, underlying data, and assumptions used to develop the estimates;
                                          Maintain documentation of the reviews performed to assess the reasonableness of the
                                          methodology, underlying data, and assumptions used to develop the estimates that is
                                          sufficiently detailed to evidence the specific items reviewed, analysis performed, and
                                          conclusions reached;
                                          Provide additional training to the reviewers of the estimates to reinforce established
                                          policies and procedures, as necessary.
FY 2022 FISMA DOL Information             Update DOL entity-wide and system-level security policies, procedures, and plans to
Security Report: DOL’s Information        comply with NIST SP 800-53, Rev. 5;
Security Program Not Remaining Current    Implement proper quality control to ensure change management processes are being
with Security Requirements;               performed for all systems and equipment on the DOL network;
Report No. 23-23-001-07-725; 02/10/23     Implement data loss prevention tools and alerts based on the results of agencies’ data
                                          exfiltration tests; Verify if systems have been appropriately authorized in accordance with
                                          DOL’s policy.




Semiannual Report to Congress | April 1, 2023–September 30, 2023                                                                   143
                                                         Appendices


   Summary of Reports with Unimplemented
  Recommendations with Cost Savings / Funds
             Put to Better Use

                                                                                                                                    Funds Put to Better
                                                                                                                Number of

                               Report Title; Report Number; Date Issued                                       Unimplemented

                                                                                                             Recommendations             Use ($)



                                              Employment and Training Administration

 Alert Memorandum: The Employment and Training Administration (ETA) Needs to Ensure State
 Workforce Agencies (SWA) Implement Effective Unemployment Insurance Program Fraud Controls for
 High Risk Areas; Report No. 19-21-002-03-315; 02/22/21

 Establish effective controls, in collaboration with SWAs, to mitigate fraud and other improper payments           1           $5,409,966,198
 to ineligible claimants, including the areas identified in the memorandum: UI benefits paid to multistate
 claimants, claimants who used the Social Security numbers of deceased individuals, potentially
 ineligible federal inmates, and claimants with suspicious email accounts. Effective controls will help
 prevent similar or greater amounts of fraud and allow those funds to be put to better use.
 COVID-19: States Struggled to Implement CARES Act Unemployment Insurance Programs;
 Report No. 19-21-004-03-315; 05/28/21
                                                                                                                   1           $33,745,677,576
 Continue to work with states to develop, operate, and maintain a modular set of technological
 capabilities to modernize the delivery of UI benefits that is sufficient to manage and process sudden
 spikes in claims volume during emergencies or high unemployment.
 ETA Did Not Sufficiently Plan and Execute the American Apprenticeship Initiative Grant Program;
 Report No. 05-21-004-03-375; 09/30/21

 Improve funding opportunity announcements for discretionary grant programs by conducting the
 following: Evaluate program goals using the SMART concept or a similar approach, and include
 required metrics that directly measure the success of each program goal, are clear, and are
                                                                                                                   1            $155,582,864
 easily verifiable; have a scoring element covering completeness of applicant proposals for items
 requested in the announcement that reduces in points when the proposal is missing an element(s),
 significantly changes the wording of an element(s), or incorrectly addresses an element(s);
 and identify targeted occupations in the FOA language and/or scoring elements, or require
 submission of the career pathway to an H-1B occupation as support during apprenticeship program
 registrations or apprentice registrations
 Alert Memorandum: Potentially Fraudulent Unemployment Insurance Payments in High-Risk Areas
 Increased to $45.6 Billion;Report No. 19-22-005-03-315; 09/21/22

 Expedite OIG-related amendments to 20 C.F.R. § 603.6(a) to make ongoing disclosures of UI
                                                                                                                   1           $29,581,490,253
 information to DOL OIG mandatory by expressly adding the U.S. Department of Labor, Office of
 Inspector General (including its agents and contractors) to the list of required disclosures that are
 necessary for the proper oversight of the UI program without distinction as to purpose (e.g., audits
 versus investigations).
 Total                                                                                                             4           $68,892,716,891


144                                                   Semiannual Report to Congress | April 1, 2023–September 30, 2023
                                                        Appendices


              Reports with Unimplemented
           Recommendations for Management
         Improvement or Disallowed Costs Owed

  The following table lists all OIG reports issued prior to this semiannual reporting period with
  recommendations that have not yet been fully implemented (as of September 30, 2023). For identification
  of each recommendation made before September 30, 2023, visit our online Recommendation Dashboard.



                                                                                                          Number of
                                                                                                                         Disallowed Costs
                            Report Title; Report Number; Date Issued                                    Unimplemented

                                                                                                                               Owed
                                                                                                       Recommendations



                                            Employee Benefits Security Administration


 Limited-Scope Audits Provide Inadequate Protections to Retirement Plan Participants;
                                                                                                             1               $0
 Report No. 05-14-005-12-121; 09/30/14

 EBSA Did Not Have the Ability to Protect the Estimated 79 Million Plan Participants in Self-Insured
 Health Plans from Improper Denials of Health Claims;                                                        1               $0
 Report No. 05-17-001-12-121; 11/18/16


                                             Employment and Training Administration


 Investigative Advisory Report – Weaknesses Contributing to Fraud in the Unemployment
                                                                                                             2               $0
 Insurance Program; Report No. 50-15-001-03-315; 07/24/15

 ETA Violated the Bona Fide Needs Rule and the Antideficiency Act;
                                                                                                             1               $0
 Report No. 26-17-002-03-370; 09/21/17

 Job Corps Should Do More to Prevent Cheating in High School Programs;
                                                                                                             2               $0
 Report No. 26-19-001-03-370; 09/25/19

 COVID-19: More Can Be Done to Mitigate Risk to Unemployment Compensation Under the
                                                                                                             2               $0
 CARES Act; Report No. 19-20-008-03-315; 08/07/20

 Alert Memorandum: The Employment and Training Administration (ETA) Needs to Ensure State
 Workforce Agencies (SWA) Implement Effective Unemployment Insurance Program Fraud                           1               $0
 Controls for High Risk Areas; Report No. 19-21-002-03-315; 02/22/21

 COVID-19: States Struggled to Implement CARES Act Unemployment Insurance Programs;
                                                                                                             2               $0
 Report No. 19-21-004-03-315; 05/28/21

                                                                                                              continued on next page

Semiannual Report to Congress | April 1, 2023–September 30, 2023                                                                            145
                                                       Appendices

 Alert Memorandum: The Employment and Training Administration Needs to Issue Guidance to
 Ensure State Workforce Agencies Provide Requested Unemployment Insurance Data to the Office         3           $0
 of Inspector General; Report No. 19-21-005-03-315; 06/16/21

 Alert Memorandum: The Employment and Training Administration Does Not Require the National
 Association of State Workforce Agencies to Report Suspected Unemployment Insurance Fraud
                                                                                                     2           $0
 Data to the Office of Inspector General or the Employment and Training Administration; Report No.
 19-21-006-03-315; 07/01/21

 Unemployment Insurance Overpayments Related to Work Search Underscore the Need for More
                                                                                                     3           $0
 Consistent State Requirements; Report No. 04-21-001-03-315; 09/29/21

 ETA Did Not Sufficiently Plan and Execute the American Apprenticeship Initiative Grant Program;
                                                                                                     4           $0
 Report No. 05-21-004-03-375; 09/30/21

 COVID-19: Safety and Remote Learning Challenges Continue for Job Corps;
                                                                                                     3           $0
 Report No. 19-22-001-03-370; 11/12/21

 COVID-19: Delays in Providing Disaster Relief Jeopardize $366 Million Disaster Worker Grant
                                                                                                     1           $0
 Program; Report No. 19-22-002-03-391; 01/28/22

 Alert Memorandum: The ETA Needs to Ensure SWAs Report Activities Related to CARES Act UI
                                                                                                     2           $0
 Programs; Report No. 19-22-004-03-315; 08/02/22

 Alert Memorandum: Potentially Fraudulent Unemployment Insurance Payments in High-Risk
                                                                                                     2           $0
 Areas Increased to $45.6 Billion; Report No. 19-22-005-03-315; 09/21/22

 COVID-19: ETA and States Did Not Protect Pandemic Related UI Funds from Improper Payments
                                                                                                     5           $0
 Including Fraud or From Payment Delays; Report No. 19-22-006-03-315; 09/30/22

 Quality Control Review: Single Audit of AARP Foundation for the year ended December 31, 2021;
                                                                                                     2           $0
 Report No. 24-22-004-50-598; 09/30/22157

 Quality Control Review of the Single Audit of the State of New Mexico Workforce Solutions
                                                                                                     2           $0
 Department for the Year Ended June 30, 2021; Report No. 24-23-001-50-598; 03/07/23

                                             Mine Safety and Health Administration

 MSHA Needs to Provide Better Oversight of Emergency Response Plans;
                                                                                                     6           $0
 Report No. 05-17-002-06-001; 03/31/17

 MSHA Did Not Evaluate Whether Civil Monetary Penalties Effectively Deterred Unsafe Mine
                                                                                                     2           $0
 Operations; Report No. 23-19-002-06-001; 08/16/19

 MSHA Can Improve its Pre-Assessment Conferencing Program; Report No. 05-19-001-06-001;
                                                                                                     9           $0
 09/23/19

 MSHA Needs to Improve Efforts to Protect Coal Miners from Respirable Crystalline Silica;
                                                                                                     3           $0
 Report No. 05-21-001-06-001; 11/12/20

 MSHA Can Improve How Violations Are Issued, Terminated, Modified, and Vacated;
                                                                                                     9           $0
 Report No. 05-21-002-06-001; 03/31/21

                                                                                                     continued on next page




157 The QCR Single Audit Report recommendations are addressed to the accounting firm; however, ETA funds the
grant and are copied during report issuance, hence the addition to the ETA section of the table. The accounting firm
will address the recommendations.

146                                                Semiannual Report to Congress | April 1, 2023–September 30, 2023
                                                      Appendices


                             Office of the Assistant Secretary for Administration and Management

 Ineffective Accounting for Sensitive Information Technology Hardware and Software Assets Places
                                                                                                   6           $0
 DOL at Significant Risk; Report No. 23-11-001-07-001; 03/31/11

 FISMA Fiscal Year 2015: Ongoing Security Deficiencies Exist; Report No. 23-16-002-07-725;
                                                                                                   1           $0
 09/30/16

 Alert Memorandum: Security Vulnerability Relating to DOL Information Security Property;
                                                                                                   2           $0
 Report No. 50-19-002-07-725; 06/17/19

 FY 2019 FISMA DOL Information Security Report: Implementation of Security Tools Hindered by
                                                                                                   5           $0
 Insufficient Planning; Report No. 23-20-002-07-725; 12/23/19

 FY 2020 FISMA DOL Information Security Report: Progress Needed to Improve Risk Management
                                                                                                   2           $0
 and Continuous Monitoring Information Security Controls; Report No. 23-21-001-07-725; 12/22/20

 FY 2021 FISMA DOL Information Security Report: Information Security Continuous Monitoring
                                                                                                   5           $0
 Controls Remain Deficient; Report No. 23-22-001-07-725; 01/28/22

 FY 2022 DOL Made Progress in Implementing Geospatial Data Act Requirements, But More
                                                                                                   3           $0
 Needs to Be Done; Report No. 23-22-003-01-001; 09/30/22

 FY 2022 FISMA DOL Information Security Report: DOL’s Information Security Program Not
                                                                                                   3           $0
 Remaining Current with Security Requirements; Report No. 23-23-001-07-725; 02/10/23


                                               Office of the Chief Financial Officer


 Management Advisory Comments Identified in an Audit of the Consolidated Financial Statements
                                                                                                   2           $0
 for the Year Ended September 30, 2019; Report No. 22-20-005-13-001; 12/19/19

 DOL Needs to Do More to Secure Employees’ Personally Identifiable Information in the Travel
                                                                                                   2           $0
 Management System; Report No. 23-20-003-13-001; 09/10/20

 Management Advisory Comments Identified in an Audit of the Consolidated Financial Statements
                                                                                                   3           $0
 for the Year Ended September 30, 2020; Report No. 22-21-005-13-001; 12/18/20

 FY 2022 Independent Auditors' Report on DOL's Consolidated Financial Statement for the Year
                                                                                                   3           $0
 Ended September 30, 2021; Report No. 22-23-002-13-001; 12/13/22

 Management Advisory Comments Identified in an Audit of the Consolidated Financial Statements,
                                                                                                   8           $0
 For the Year Ended September 30, 2022; Report No. 22-23-005-13-001; 01/30/23


                                        Office of Federal Contract Compliance Programs


 OFCCP Did Not Show It Adequately Enforced EEO Requirements on Federal Construction
                                                                                                   1           $0
 Contracts; Report No. 04-20-001-14-001; 03/27/20

                                                                                                   continued on next page




Semiannual Report to Congress | April 1, 2023–September 30, 2023                                                     147
                                                      Appendices


                                                      Office of the Secretary


 DOL’s IT Governance Lacked the Framework Necessary to Support the Overall Mission;
                                                                                                   5        $0
 Report No. 23-21-002-01-001; 09/30/21


                                         Occupational Safety and Health Administration


 OSHA Needs to Improve the Guidance for Its Fatality and Severe Injury Reporting Program to
                                                                                                   1        $0
 Better Protect Workers; Report No. 02-18-203-10-105; 09/13/18

 OSHA Procedures for Issuing Guidance Were Not Adequate and Mostly Not Followed;
                                                                                                   4        $0
 Report No. 02-19-001-10-105; 03/28/19

 Review of the Occupational Safety and Health Administration’s Referral to and Reclamation of
                                                                                                   1        $0
 Debt from the U.S. Department of the Treasury; Report No. 22-20-006-10-001; 03/16/20

 COVID-19: Increased Worksite Complaints and Reduced OSHA Inspections Leave U.S. Workers’
                                                                                                   1        $0
 Safety at Increased Risk; Report No. 19-21-003-10-105; 02/25/21

 OSHA’s Diminished Enforcement Left More Workers at Risk for Exposure to Silica;
                                                                                                   2        $0
 Report No. 02-21-003-10-105; 09/29/21

 COVID-19: To Protect Mission Critical Workers, OSHA Could Leverage Inspection Collaboration
                                                                                                   2        $0
 Opportunities with External Federal Agencies; Report No. 19-22-003-10-105; 03/31/22

 COVID-19: OSHA’s Enforcement Activities Did Not Sufficiently Protect Workers from Pandemic
                                                                                                   5        $0
 Health Hazards; Report No. 19-23-001-10-105; 10/31/22

 OSHA Needs to Better Address Complaints and Referrals for Increased Worker Safety;
                                                                                                   3        $0
 Report No. 02-23-001-10-105; 03/06/23


                                          Office of Workers’ Compensation Programs


 District of Columbia Workmen’s Compensation Act Special Fund Financial Statements and
 Independent Auditors’ Report September 30, 2021 and 2020;                                         2        $0
 Report No. 22-23-005-13-001; 02/22/23

 OWCP Did Not Ensure Best Prices and Allowed Inappropriate, Potentially Lethal Prescriptions in
                                                                                                  10    $321,261,486
 the FECA Program; Report No. 03-23-001-04-431; 03/31/23


                                                     Wage and Hour Division


 COVID-19: The Pandemic Highlighted the Need to Strengthen Wage and Hour Division’s
                                                                                                   4        $0
 Enforcement Controls; Report No. 19-21-008-15-001; 09/30/21


 Totals                                                                                           156   $321,261,486




148                                                Semiannual Report to Congress | April 1, 2023–September 30, 2023
                                                      Appendices


                                 Investigative Statistics
                                                                                                       Division
                                                                                                                    Total
                                                                                                        Totals
 Investigative Reports Issued / Cases Closed (includes investigative reports issued, case closing
                                                                                                                     212
 reports, and matters referred for possible civil and/or administrative action):

 Program Fraud                                                                                           198
 Labor Racketeering                                                                                       14

 Cases Opened:                                                                                                       197

 Program Fraud                                                                                           189
 Labor Racketeering                                                                                       8

 Cases Referred for Prosecution (each case is measured as a singular statistic and may include more
                                                                                                                     139
 than one person or business entity):

 Program Fraud                                                                                           132
 Labor Racketeering                                                                                       7

 Cases Referred for Administrative/Civil Action (each case is measured as a singular statistic and
                                                                                                                     112
 may include more than one person or business entity):

 Program Fraud                                                                                           109
 Labor Racketeering                                                                                       3

 Persons Referred to the Department of Justice for Criminal Prosecution (includes the number of
                                                                                                                     171
 individuals and business entities referred for prosecution):

 Program Fraud                                                                                           164
 Labor Racketeering                                                                                       7

 Persons Referred to State and Local Prosecuting Authorities for Criminal Prosecution (includes
                                                                                                                     18
 the number of individuals and business entities referred for prosecution):

 Program Fraud                                                                                            18
 Labor Racketeering                                                                                        0

 Indictments and Criminal Informations That Resulted from Any Prior Referral to Prosecuting
                                                                                                                     247
 Authorities (includes sealed and unsealed indictments):

 Program Fraud                                                                                           240
 Labor Racketeering                                                                                       7

 Indictments (includes sealed and unsealed indictments):                                                             247

 Program Fraud                                                                                           240
 Labor Racketeering                                                                                       7

 Convictions:                                                                                                        236

 Program Fraud                                                                                           221
 Labor Racketeering                                                                                       15

 Statutory Debarments:                                                                                                3

 Program Fraud                                                                                            3
 Labor Racketeering                                                                                       0

                                                                                                      continued on next page




Semiannual Report to Congress | April 1, 2023–September 30, 2023                                                          149
                                                        Appendices

 Recoveries, Cost-Efficiencies, Restitutions, Fines/Penalties, Forfeitures, and Civil
                                                                                                           $133,484,818
 Monetary Actions:

 Program Fraud                                                                              $127,784,754
 Labor Racketeering                                                                          $5,700,064



 Recoveries (the dollar amount/value of an agency’s action to recover or to reprogram
                                                                                                              $15,439,387
 funds or to make other adjustments in response to OIG investigations):

 Cost-Efficiencies (the one-time or per annum dollar amount/value of management’s
 commitment, in response to OIG investigations, to utilize the government’s resources                          $1,162,910
 more efficiently):

 Restitutions/Forfeitures (the dollar amount/value of restitutions and forfeitures
                                                                                                              $89,674,520
 resulting from OIG criminal investigations):

 Fines/Penalties (the dollar amount/value of fines, assessments, seizures, investigative/
                                                                                                                 $210,696
 court costs, and other penalties resulting from OIG criminal investigations):

 Civil Monetary Actions (the dollar amount/value of forfeitures, settlements, damages,
                                                                                                              $26,997,304
 judgments, court costs, and other penalties resulting from OIG criminal investigations):

 Total                                                                                                     $133,484,818158




158 The OIG assisted in the identification and recovery of more than $74 million in unemployment insurance benefits
that were not directly related to an open OIG investigation and were not previously reported or included in the
statistics above.

150                                                 Semiannual Report to Congress | April 1, 2023–September 30, 2023
                                             Appendices


                           Peer Review Reporting
   The following meets the requirement under Section 5(1)(14)(A)–(B) of the Inspector General Act of
   1978, as amended, and Section 989C of the Dodd–Frank Wall Street Reform and Consumer Protection
   Act (P.L. 111–203) that the Inspectors General include their peer review results as an appendix to each
   semiannual report.


Peer Review of DOL OIG Inspection and Evaluation Function

The Federal Housing Finance Agency OIG conducted an external peer review to assess the
extent to which the DOL OIG met seven standards in the Council of the Inspectors General on
Integrity and Efficiency’s Quality Standards for Inspection and Evaluation (Blue Book), issued
January 2012. The peer review report, issued on April 25, 2023, concluded that the DOL OIG’s
policies and procedures and the three reviewed reports were consistent with and complied with
the covered Blue Book standards for the period ended September 30, 2022.

Peer Review of DOL OIG Audit Function

The U.S. Department of Health and Human Services OIG conducted a peer review of the
system of quality control for DOL OIG’s audit function for the period ending September 2021.
The peer review report, which was issued on September 15, 2022, resulted in an opinion that
the system of quality control was suitably designed and provided reasonable assurance of DOL
OIG’s conforming to professional standards in the conduct of audits. The peer review covered
audit work performed during the unprecedented COVID-19 pandemic, and DOL OIG received a
clean report with a rating of pass with no recommendations.




Semiannual Report to Congress | April 1, 2023–September 30, 2023                                         151
                                                        Appendices


                                                   OIG Hotline
   The OIG Hotline provides a communication link between the OIG and persons who want to report alleged
   violations of laws, rules, and regulations; mismanagement; waste of funds; abuse of authority; or danger
   to public health and safety. During the reporting period April 1, 2023, through September 30, 2023, a total
   of 6,029 complaints were opened in the OIG Hotline’s complaint management system. The majority of
   these complaints involve concerns regarding COVID-19-related unemployment benefits. Since the start
   of the pandemic, the OIG’s Office of Investigations referred 29,622 complaints to the appropriate State
   Workforce Agency for further review and/or action in response to complaints regarding alleged fraud
   involving COVID-19-related unemployment benefits. During this reporting period, the OIG Hotline received
   additional complaints that are awaiting processing.


   *The total number of complaints referred during this reporting period exceeds the number of complaints
   received as the OIG Hotline is continuing to analyze and process a backload of complaints regarding
   alleged fraud involving COVID-19-related unemployment benefits.


                                  Complaints Received (by method reported)                                     Totals
 Telephone                                                                                                        22
 E-mail/Internet                                                                                               5,925
 Mail                                                                                                             82
 Fax                                                                                                               0
 Walk-In                                                                                                           0
 Total                                                                                                         6,029


                                         Contacts Received (by source)                                         Totals
 Complaints from Individuals or Non-Governmental Organizations                                                 1,757
 Complaints/Inquiries from Congress                                                                                5
 Referrals from GAO                                                                                               18
 Complaints from Other DOL Agencies                                                                               11
 Complaints from Other (non-DOL) Government Agencies                                                           4,238
 Total                                                                                                         6,029


                                              Disposition of Complaints                                        Totals
 Referred to OIG Components for Further Review and/or Action                                                     108
 Referred to DOL Program Management for Further Review and/or Action                                             164
 Referred to Non-DOL Agencies/Organizations                                                                       34
 No Referral Required/Informational Contact                                                                      763
 Total*                                                                                                        1,069




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                Fiscal Year 2024 Audit Workplan
                              BENEFITS REVIEW BOARD (BRB)

                                        Discretionary Audit

1. BRB Backlog of Black Lung and Longshore and Harbor Worker Claims – New. The BRB
   decides appeals from the Office of Administrative Law Judges (OALJ) under the Black Lung
   Benefits Act, the Longshore and Harbor Workers’ Compensation Act, and the Longshore and
   Harbor Workers’ Compensation Act extensions, including the Defense Base Act (DBA). In FY
   2020 and FY 2021, there was a large influx of DBA cases, which the Department predicts will
   continue in FY 2022 and FY 2023. According to Department officials, this influx of DBA cases
   is the most important new challenge for the OALJ and BRB. In addition, OALJ expects to
   increase production with additional budget and full-time employees. In FY 2022, the BRB had a
   backlog of 648 Black Lung appeal cases with an average processing time of 16.8 months and
   a backlog of 97 Longshore/DBA appeal cases with an average processing time of 12.5 months.
   The continued increase of Longshore/DBA appeal cases since FY 2020, along with a continued
   influx of new Black Lung and Non DBA Longshore appeal cases, could impact BRB appeal case
   processing times and increase BRB’s backlog of appeal cases, delaying claimants from receiving
   vital benefits. This audit will focus on BRB’s efforts to expeditiously adjudicate Black Lung and
   Longshore (DBA and Non DBA) appeals and reduce the backlog of appeal cases.

             EMPLOYEE BENEFITS SECURITY ADMINISTRATION (EBSA)

                                       Discretionary Audits

2. EBSA’s Mental Health Parity Compliance Efforts – New. In 2008, Congress passed the
   Mental Health Parity and Addiction Equity Act to ensure that financial requirements and
   treatment limitations applicable to mental health and substance use disorder benefits under
   group health plans and health insurance coverage are not more restrictive than those applicable
   to medical/surgical benefits. In the Consolidated Appropriations Act of 2021, Congress amended
   the Mental Health Parity and Addiction Equity Act to require group health plan and health
   insurance issuers to perform and document comparative analyses to ensure compliance with
   its requirements. Many group health plan and health insurance issuers are not complying with
   existing requirements, which are enforced by EBSA for approximately 134.2 million workers and
   their families for all employer-sponsored health insurance. This audit will focus on assessing the
   extent of EBSA’s enforcement of mental health parity laws and regulations.



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3. EBSA’s Oversight of Limited-Scope Audits – New. The Employee Retirement Income
   Security Act of 1974 generally requires every employee benefit plan with more than 100
   participants to obtain an audit of the plan's financial statements each year. However, an
   exemption in the law allows auditors to perform “limited-scope audits.” Such audits exclude
   pension plan assets already certified by certain banks or insurance carriers and provide little
   to no confirmation regarding the actual existence or value of the assets. In 2013 and 2014,
   we reported159 that as much as $3 trillion in pension assets, including assets in hard-to-value
   alternative investments, received limited-scope audits. In 2019, the American Institute of Certified
   Public Accountants updated its accounting standards related to these types of audits. The new
   standards replaced limited-scope audits with audits from Section 103(a)(3)(C) of the act and
   imposed new performance requirements on plan management and auditors. This audit will follow
   up on our prior work and update how the changes in accounting standards and any actions
   taken by EBSA since then have impacted EBSA’s oversight of benefit plan assets covered by
   Employee Retirement Income Security Act of 1974 Section 103(a)(3)(C) audits.

                 EMPLOYMENT AND TRAINING ADMINISTRATION (ETA)

                                           Mandatory Audits

Job Corps

4. Job Corps Firm-Fixed Price Contract Transition – New. In 2019, Job Corps began to
   transition its center operations contracts from cost-reimbursement to firm-fixed-price. As of
   March 2023, Job Corps had transitioned over 60 center operations contracts and expected
   to complete this transition in 2024. While firm fixed-price contracting allows for greater cost
   predictability, costs are generally higher because contractors need to mitigate the risks of rising
   prices and cost overruns. At the same time, firm-fixed-price contracting requires an increased
   focus on monitoring and oversight to ensure center operators do not cut costs by reducing the
   quantity or quality of services provided to Job Corps students. This audit will focus on Job Corps’
   strategy for awarding and monitoring firm fixed-price contracts and the effect of this transition on
   students and program performance.




159 EBSA Needs to Provide Additional Guidance and Oversight to ERISA Plans Holding Hard-to-Value Alternative
Investments, Report No. 09-13-001-12-121 (September 30, 2013)

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5. Job Corps Minor Students – In Progress. Job Corps’ students are ages 16 to 24 upon entry
   into the program. The significant age range poses numerous challenges. Given the occurrence
   of sexual assaults and harassment on center campuses, there is an inherent risk with having
   adults up to 27 years of age cohabitate with minors as young as 16 years old. Some Job Corps
   minors may (1) have been encouraged to enroll by their parents or guardians, (2) not be in
   the program of their own volition, (3) not take the program seriously, and (4) disrupt program
   instruction, which impacts the learning of other students. Furthermore, minor students may not
   meet minimum age requirements for certain trades, affecting their ability to obtain employment
   in certain fields, such as plumbing and electrical trades, possibly leading to lower program
   outcomes and not meeting the intent of the Job Corps program. This audit will focus on whether
   Job Corps took appropriate measures to mitigate program disruptions and ensure the safety of
   and meet the program’s intent for its minor students.

                                       Discretionary Audits

ETA Contract and Grant Programs

6. COVID-19: Assessment of ETA Job Training Programs Results – New. In March 2020,
   the COVID-19 pandemic caused many of ETA’s job training programs to cease operation. This
   interrupted participants’ job training, potentially preventing them from completing their training
   and getting a job in the areas in which they were trained. During our pandemic oversight work,
   we reported numerous issues with ETA’s management of federal grant funds. This assessment
   of the OIG’s series of COVID-19: ETA Grantee Sub-Recipient audits will summarize the
   overall effectiveness of ETA job training programs during the pandemic and evaluate ETA’s
   implementation of lessons learned in preparation for future states of emergency.

7. ETA Registered Apprenticeship Program – New. In February 2021, President Biden expanded
   the Registered Apprenticeship Program to support nearly 1 million apprenticeship opportunities
   and focus the program on increasing access for underrepresented groups. Congress invested
   a total of $520 million into the program in FY 2022 and 2023. However, a prior OIG audit of the
   American Apprenticeship Initiative Grant Program found systematic weaknesses in the execution
   of the grants, as well as the planning and awarding processes. This audit will assess the
   effectiveness of ETA’s administration of the Registered Apprenticeship Program.

8. COVID-19: ETA Grantee Sub-Recipient – In Progress. In March 2020, the COVID-19
   pandemic caused many of ETA’s job training programs to cease operation. This interrupted
   participants’ job training, potentially preventing them from completing their training and getting a
   job in the areas in which they were trained. This series of audits will focus on how effectively ETA
   ensured workforce development grant funds were used as intended in selected states.



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9. ETA’s Administration of Disaster Dislocated Worker Grants – In Progress. Public Law
   116–20 provided ETA with an additional $50 million for the dislocated workers assistance
   national reserve for necessary expenses directly related to the consequences of Hurricanes
   Florence and Michael, Typhoon Mangkhut, Super Typhoon Yutu, wildfires, and earthquakes
   that occurred in calendar year (CY) 2018, and tornadoes and floods that occurred in CY 2019.
   Dislocated Worker Grants (DWG) provide resources to states and other eligible applicants to
   respond to large, unexpected layoff events causing significant job losses. Additionally, disaster
   DWGs provide funding to create temporary employment opportunities to assist with clean-up and
   recovery efforts, and employment and training services to eligible grant participants. A prior OIG
   DWG report found ETA provided minimal oversight of its state grantees and needs to do more to
   ensure grantees help local areas to restore communities timely; ensure out of work participants
   receive expeditious disaster relief assistance; maximize the number of participants who obtain
   employment as intended by the grants; and ensure disaster relief funds are used efficiently and
   effectively. This audit will focus on the extent ETA properly administered the DWG program to
   provide assistance in the aftermath of the 2018 and 2019 disasters.

Foreign Labor Certification

10. Backlog of H-2B Temporary Non-agricultural Program Visa Applications – New. In 2018,
    the OIG issued a report that found ETA’s lack of key controls over the processing of H-2B visa
    applications had negatively impacted businesses that depended on H-2B workers. ETA could
    not demonstrate it’s processing of applications provided enough time for the U.S. Department
    of Homeland Security and the U.S. Department of State to perform their functions and enable
    employers to hire H 2B workers within the timeframe required. Any delays, particularly for
    seasonal industries, would have serious adverse effects on business owners and local
    economies. Further, in 2020, we reported that ETA’s processing of H-2B applications continued
    to be an area of concern, causing backlogs and impacting dependent businesses. This audit
    will focus on ETA’s processing of H 2B applications, specifically the timeliness of processing
    prevailing wage determinations and whether improvements to the review process have reduced
    the application backlog.




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11. Effectiveness of ETA’s Permanent Labor Certification Program (PERM) Application
    Processing Time – New. The PERM program allows employers to hire foreign workers when
    (1) there are not sufficient U.S. workers able, willing, qualified, and available to accept the job
    opportunity in the area of intended employment; and (2) the employment of foreign workers will
    not adversely affect the wages and working conditions of similarly employed U.S. workers. When
    submitting a PERM application, the employer is required to execute recruiting efforts for U.S.
    workers within 6 months of filing an application. Based on August 2022 data, once the employer
    submits the application to ETA, the average processing time to receive an approved application
    from DOL is between 8 and 11 months, depending on ETA’s review process. Due to the lengthy
    average processing time for applications, there is little assurance by the time a foreign worker
    is approved for permanent resident status that a U.S. worker was still not available and able
    to perform the same job. This audit will focus on ETA’s PERM application review process and
    effectiveness in ensuring U.S. workers were still not available and able to perform the job.

12. Effectiveness of ETA’s Approval of H-2A Temporary Agricultural Program Visa
    Applications – In Progress. The H 2A temporary agricultural program allows agricultural
    employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers
    to the United States to perform agricultural labor or services of a temporary or seasonal nature.
    To be able to hire H-2A workers, employers must self-attest (1) there are no sufficient able,
    willing, and qualified U.S. workers available to perform the temporary and seasonal agricultural
    employment, and (2) the employment of H 2A workers will not adversely affect the wages and
    working conditions of similarly employed U.S. workers. This audit will focus on the effectiveness
    of ETA’s approval process and comparing the self-attestations to supporting documentation.

Older Worker Program

13. Senior Community Service Employment Program’s Effectiveness – New. The Senior
    Community Service Employment Program is the only federally sponsored employment and
    training program targeted specifically to low-income, older individuals seeking to enter or
    reenter the workforce. In FY 2021, ETA proposed eliminating the program because it has
    struggled to achieve its goal of transitioning half of its participants who complete the program
    into unsubsidized employment. Further, ETA noted in its FY 2021 Congressional Budget
    Justification that nearly half of the program participants do not complete the program. 		
    If the program continues to underperform, $405 million in program funding requested for
    FY 2024 is at risk of not being effectively used to help older Americans achieve economic
    self-sufficiency. This audit will focus on identifying program weaknesses to assist ETA in
    improving the effectiveness of the Senior Community Service Employment Program in serving
    older Americans find unsubsidized employment.




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Unemployment Insurance (UI) Program

14. American Rescue Plan Act (ARPA) Equity Grants – New. ARPA, as amended by the Fiscal
    Responsibility Act of 2023, provided $1 billion in funding to DOL to prevent and detect fraud,
    promote equitable access, ensure timely payment of benefits, and reduce backlogs. Of these
    funds, DOL provided approximately $219 million in grants to improve UI claimant outreach and
    customer service processes, implement strategies to reduce backlog, and improve access
    for workers in communities that may historically experience barriers. These first-of-their-kind
    grants, referred to as “Equity Grants,” will provide funding for states to improve public awareness
    and service delivery as DOL seeks to address potential racial and ethnic disparities in the
    administration and delivery of UI benefits in select states. This audit will focus on DOL’s and
    states’ effectiveness in addressing the potential racial and ethnic disparities in the UI program.

15. Benefit Accuracy Measurement and Overpayment Prevention – New. ETA’s Benefit
    Accuracy Measurement (BAM) system was designed to determine the accuracy of UI program
    paid and denied benefit claims, as well as the root causes of improper payments. However,
    the system did not consider temporary federally funded pandemic-related UI benefits, currently
    estimated at $888 billion. The BAM system has calculated an improper payment rate estimate
    of up to 21.52 percent within the last 2 years—for regular UI programs alone. Our prior work
    indicates the rate was likely higher than 21.52 percent. This audit will assess ETA’s use of the
    BAM system as a tool to measure states’ UI program performance and identify root causes to
    reduce improper payments in UI programs.

16. Audit of DOL and States Oversight of UI Claimants Return to Work – New. The Coronavirus
    Aid, Relief, and Economic Security (CARES) Act and its related extensions provided additional UI
    benefits to claimants who lost their employment due to the COVID-19 pandemic. The Continued
    Assistance to Unemployed Workers Act created by Section 2117 of the CARES Act included
    requirements for states participating in CARES Act UI-related provisions to have a process for
    addressing work refusals, to have a reporting method for employers, and to provide certain
    notifications to individuals. This audit will focus on DOL’s and states’ compliance with return-to-work
    provisions under the CARES Act.




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17. COVID-19: CARES Act Unemployment Insurance Programs Results – New. At the start
    of the pandemic, we had significant concerns regarding the UI programs authorized by the
    CARES Act—based on both previous OIG work regarding ETA and states’ ability to implement
    the emergency response and on the high-risk nature of the programs. The early pandemic
    period saw the largest increase in UI claims since the Department began tracking data in 1967,
    a level far higher than state systems were designed to handle.160 During the first three of four
    planned phases of our pandemic response oversight work, we focused on identifying areas for
    improvement related to the implementation and administration of emergency UI programs and
    impacts on operations. Over the past 3 years, our reporting has identified continuing program
    weaknesses in internal controls, reporting, and program monitoring. As of February 8, 2023,
    we estimated at least $191 billion in pandemic UI payments could have been paid improperly,
    with a significant portion attributable to fraud. As we wrap up our pandemic response oversight
    work, we remain significantly concerned about the expeditious and effective deployment of UI
    benefits, especially in response to natural disasters and emergencies. Lessons learned are
    key to adequate preparation, and proactively strengthening the UI program for both ordinary
    circumstances and in advance of the next emergency will require DOL to focus on prevention.
    This assessment will present overall program results from our oversight of DOL’s UI pandemic
    response, impacts on agency operations, and lessons learned to assist DOL in improving its
    unemployment programs and operations in advance of future emergencies.

18. Unemployment Insurance Information Technology Modernization – New. After the
    pandemic’s emergence in early 2020, we reported on states’ struggles to implement
    pandemic-related UI programs and prevent improper payments, including fraud, while processing
    the drastically increased number of claims. We found that this occurred in part because states’
    information technology systems were not modernized. Responding to the COVID-19 pandemic,
    Congress funded $2 billion but later reduced this to $1 billion to modernize the nation’s UI
    systems. The initiative, led by the Office of Unemployment Insurance Modernization, focuses on
    three main goals: (1) fraud detection and prevention, (2) timely benefit delivery, and (3) promoting
    equitable access. To achieve these goals, the Office of Unemployment Insurance Modernization
    has provided targeted grants to states and territories, offered improved guidance, directed
    assistance, and piloted tech-driven solutions. This audit will assess how well the Employment
    and Training Administration and the Office of Unemployment Insurance Modernization have
    upgraded state information technology systems and prepared states’ UI programs to operate
    more effectively and efficiently, and to handle similar situations in the future.




160      COVID-19: States Struggled to Implement CARES Act Unemployment Insurance Programs,
Report No. 19-21-004-03-315 (May 28, 2021), available at:
https://www.oig.dol.gov/public/reports/oa/2021/19-21-004-03-315.pdf

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19. COVID-19: Audit of DOL and States’ Efforts to Detect and Recover Improper Payments –
    In Progress. Under the CARES Act, ETA was required to implement large-scale changes to its
    existing UI system, including establishing six new programs. The new programs were intended
    to provide expanded UI benefits to workers who were suddenly jobless as a direct result of the
    COVID-19 pandemic. Given the challenge of rapidly implementing new programs during a crisis,
    ETA and states faced an additional hurdle of using controls, previously identified as weak and
    deficient in published OIG reports and alert memorandums, to process more than 77 million
    seasonally adjusted initial jobless claims and 571 million seasonally adjusted continued claims
    over the course of the pandemic’s first year. According to the OIG’s conservative estimate as
    of January 2, 2021, such circumstances increased the risk of UI improper payments (including
    fraud, waste, and abuse) to exceed a total of $40 billion. This audit focuses on determining if
    ETA ensured states had adequate controls to prevent, detect, and recover improper payments
    stemming from UI benefits under the CARES Act and the Continued Assistance Act.

20. COVID-19: Audit of States’ Use of Staffing to Support Implementation of CARES Act
    UI Programs – In Progress. During the COVID-19 pandemic, the unprecedented high rate
    of unemployment led to challenges for states in processing UI claims, completing mandatory
    reporting, and performing required overpayment detection procedures due to insufficient
    staffing. DOL and states found themselves unprepared for the circumstances surrounding
    COVID-19 and struggled to implement CARES Act UI programs, while unemployed workers
    faced lengthy delays in receiving UI benefits. The CARES Act provided states with temporary
    “emergency” flexibility through December 31, 2020, for additional staffing and to quickly process
    unemployment claims, and subsequent legislation extended these CARES Act UI provisions.
    This audit focuses on DOL’s efforts to ensure states’ staffing supported the implementation of UI
    programs under the CARES Act and its amendments.

21. COVID-19: Short-Time Compensation (STC) Program – In Progress. Passage of the CARES
    Act expanded UI program benefits to new and existing programs, including the STC program.
    The CARES Act included provisions that increased the federal reimbursement to 100 percent
    of benefits for states that have an STC program in their laws and provided for a 50 percent
    reimbursement for states that do not have an STC program in their laws but agreed to operate a
    program on a temporary basis. The STC program acts as a work share program, with employers
    reducing the number of hours offered to employees, while the state makes up the difference
    in the form of benefit payments. ETA provided states with an estimated $1.3 billion for benefit
    reimbursements and $18.7 million administrative costs. Twenty-six states have participated in the
    program. This audit will determine how states implemented the STC program for the benefit of
    unemployed individuals and to meet the intent of the program.




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22. COVID-19: Mixed Earners Unemployment Compensation (MEUC) – In Progress. The MEUC
    program is a new temporary federal program under the Continued Assistance Act and ARPA. It
    provided additional benefits to certain self-employed individuals who are available for work for
    the week ending January 2, 2021, through the week ending September 4, 2021. This audit will
    determine how states implemented the MEUC program for the benefit of unemployed individuals
    and to meet the intent of the program.

23. Pandemic Response Accountability Committee (PRAC) – DOL Programs – Case Study
    Project (Part 2) – In Progress. The focus of this oversight project will be to identify the federal
    pandemic response program funds provided to select geographic areas, identify the purpose
    of those funds, and determine if the federal program spending aligned with the intended goals
    and objectives. This project is under the direction of the PRAC and is being conducted in
    coordination with nine other OIGs.

24. COVID-19: ETA and States’ Efforts to Address Multistate UI Claimants – In Progress. In
    September 2022, we alerted DOL to over $45 billion we had identified in potential fraud paid in
    four high-risk areas. Multistate claimants were the largest high-risk area. Through ETA, the OIG
    provided states with our underlying methodology, as well as specific claimant information for
    follow-up action. This audit will examine the extent to which ETA and states have taken action to
    address potentially fraudulent CARES Act UI claims.

25. COVID-19: ETA and States’ Efforts to Address UI Claimants Filing with Social Security
    Numbers of Deceased Persons – In Progress. In September 2022, we alerted DOL to over
    $45 billion we had identified in potential fraud paid in four high-risk areas. One high-risk area
    was UI claimants filing with Social Security numbers (SSN) of deceased persons. Through
    ETA, the OIG provided states with our underlying methodology, as well as specific claimant
    information for follow-up action. This audit will examine the extent to which ETA and states
    have taken action to address potentially fraudulent CARES Act UI claims filed with SSNs of
    deceased persons.

26. COVID-19: ETA and States’ Efforts to Address UI Claimants Filing with Social Security
    Numbers of Federal Prisoners – In Progress. In September 2022, we alerted DOL to over
    $45 billion we had identified in potential fraud paid in four high-risk areas. One high-risk area
    was UI claimants filing with SSNs of federal prisoners. Through ETA, the OIG provided states
    with our underlying methodology, as well as specific claimant information for follow-up action.
    This audit will examine the extent to which ETA and states have taken action to address
    potentially fraudulent CARES Act UI claims filed with SSNs of federal prisoners.




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27. COVID-19: ETA and States’ Efforts to Address UI Claimants Filing with Suspicious Email
    Accounts – In Progress. In September 2022, we alerted DOL to over $45 billion we had
    identified in potential fraud paid in four high-risk areas. One high-risk area was UI claimants
    filing with suspicious email accounts. Through ETA, the OIG provided states with our underlying
    methodology as well as specific claimant information for follow-up action. This audit will examine
    the extent to which ETA and states have taken action to address potentially fraudulent CARES
    Act UI claims filed with suspicious email accounts.

28. COVID-19: Impact of Waivers on UI Overpayments, Fraud Investigations, and Recoveries –
    In Progress. On February 7, 2022, DOL issued Unemployment Insurance Program Letter (UIPL)
    20-21, Change 1, regarding states’ ability to waive the recovery of certain UI overpayments under
    the CARES Act program. There are concerns these waivers could adversely impact the pursuit
    of fraud in the UI program. Also, the waivers could potentially allow for fraudulent CARES Act UI
    payments to go uncollected. This audit will determine the impact of waivers on UI overpayments,
    fraud investigations, and recoveries.

29. DOL-SBA COVID-19 Joint Project: Opportunities to Share Data to Prevent and Mitigate
    Fraudulent UI and Economic Injury Disaster Loan Payments – In Progress. The Small
    Business Administration (SBA) OIG and DOL OIG have reported billions in potential fraudulent
    UI and Economic Injury Disaster Loan payments during the COVID-19 pandemic. In reviewing
    how to be better prepared for the next national emergency, the DOL OIG is collaborating with the
    SBA OIG on a joint review to determine if collaboration, including data sharing between ETA and
    SBA, could prevent or mitigate the risk of future fraudulent UI and Economic Injury Disaster Loan
    payments or disbursements.




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                 MINE SAFETY AND HEALTH ADMINISTRATION (MSHA)

                                       Discretionary Audits

30. MSHA Grant Programs – New. MSHA is responsible for administering two types of annual
    grant programs. The state grant program distributes formula grants to state agency programs
    in 49 states and the Navajo Nation to support health and safety training and reduce mining
    accidents, injuries, and illness. The Brookwood-Sago Mine Safety Grants Program, established
    by the Mine Improvement and New Emergency Response (MINER) Act of 2006, distributes
    discretionary grants to develop education and training programs to better identify, avoid, and
    prevent unsafe working conditions in and around mines. The 2023 program announcements
    for these two programs included funding levels of $10.5 million (estimated 56 grantees) and
    $1 million (up to 20 grantees), respectively. MSHA designs the goals of each grant program
    based on changing training priorities. Grantees report funding and performance data quarterly
    to MSHA, which factor into MSHA’s grantee monitoring and evaluation of program success.
    Without sufficient internal controls, reliability of the grantee reported data may be compromised
    and could result in deteriorated program oversight or performance. This audit will assess whether
    MSHA properly designed and executed the grant programs and included sufficient internal
    controls within its grantee reporting system(s) to help ensure programmatic success.

31. Mine Rescue Response Plan – New. When disaster strikes, a well-prepared mine rescue
    effort can mean the difference between life and death for trapped miners. Insufficient personnel,
    equipment, or training could hamper MSHA’s ability to respond quickly and effectively in mine
    rescue situations. Prior OIG work found MSHA had not provided adequate oversight of mine
    emergency response plans, which included planning by both mine operators and MSHA. This
    audit will assess MSHA’s preparedness in responding to emergencies requiring mine rescue
    operations.

32. COVID-19: Impact on Miner Training – In Progress. There were 39 mining fatalities in 2021,
    which is the highest total since 2014. Many fatalities can be prevented by properly training
    miners and applying industry best practices. There are training requirements for both new and
    experienced miners. However, the COVID-19 pandemic has impacted the way miner training is
    provided. During a December 2021 MSHA stakeholder call, a participant expressed concern that
    entirely virtual training during the pandemic did not meet regulatory requirements. The risk for
    accidents and fatalities increases when miners are improperly trained. This audit will look at how
    the COVID-19 pandemic affected miner training.




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      OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS (OFCCP)

                                       Discretionary Audits

33. OFCCP’s Enforcement of Equal Employment Opportunity Obligations – New. OFCCP
    is charged with protecting America's workers by enforcing equal employment opportunity and
    affirmative action obligations of employers that conduct business with the federal government
    as contractors. OFCCP focuses on identifying patterns of systemic discrimination in employer
    personnel practices, including hiring, promotion, and compensation, when it conducts
    compliance evaluations of contractors. OFCCP also monitors contractors’ and subcontractors’
    compliance with affirmative action obligations. With more than $1 trillion allocated in the
    Infrastructure Investment and Jobs Act, OFCCP will play a vital role in ensuring these federal
    investments create good jobs that provide equal opportunity to all. This audit will focus on the
    effectiveness of OFCCP’s enforcement of anti discrimination and affirmative action obligations
    through compliance evaluations.

         OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)

                                       Discretionary Audits

34. COVID-19: Assessment of OSHA Pandemic Program Results – New. The World Health
    Organization declared the COVID-19 outbreak a public health emergency of international
    concern on January 30, 2020, and ended its declaration on May 05, 2023. As of June 9, 2023,
    the OIG’s pandemic response oversight work has resulted in 35 published audit reports with
    90 recommendations to reduce programmatic vulnerabilities and $68.7 billion in funds for better
    use. Of these 35 audits, 9 were directed at improving the efficiency, economy, and effectiveness
    of OSHA operations during the pandemic. For example, we found that, despite receiving 		
    15 percent more complaints in 2020 than in 2019, OSHA conducted 50 percent fewer inspections
    and did not identify federal partners in a position to assist during a large-scale health crises such
    as the pandemic. Similarly, we found OSHA lacked complete information on employer-reported injuries
    and illnesses, including COVID-19 infection rates at worksites. We also found OSHA closed
    inspections without ensuring it received and reviewed all items requested from employers to
    demonstrate alleged COVID-19 health hazards had been mitigated. Due to the lack of citations,
    incomplete information on infection rates at worksites, and insufficient evidence of hazard
    mitigation, there was a heightened risk of workers being exposed to the virus. This assessment
    will determine the actions OSHA has taken to address these issues and the efforts underway to
    ensure improved processes during future states of emergency.




164                                      Semiannual Report to Congress | April 1, 2023–September 30, 2023
                                OIG FY 2024 Audit Workplan

               OFFICE OF LABOR–MANAGEMENT STANDARDS (OLMS)

                                        Discretionary Audit

35. OLMS Enforcement of Employer and Consultant Reporting Requirements – In Progress.
    OLMS promotes transparency throughout the labor community by enforcing multiple reporting
    obligations. The Labor–Management Reporting and Disclosure Act of 1959 requires employers,
    labor relations consultants, and other entities to report certain expenses and agreements to the
    Department of Labor, such as those relating to activities to dissuade or persuade employees
    from exercising their rights to union representation or collective bargaining. The disclosure of
    this information is necessary to protect the rights and interests of employees. Even though these
    reports are legally required, there is evidence suggesting many employers and their consultants
    are not filing them. In 2021, the National Labor Relations Board found at least 1,125 union-organizing
    campaigns, and employers hired persuader consultants in approximately 75 percent of those
    campaigns. However, OLMS received only 166 required reports. As a result, OLMS requested
    the OIG review its efforts to enforce the Act’s requirements and improve employers’ and
    consultants’ reporting.

       OFFICE OF THE ASSISTANT SECRETARY FOR ADMINISTRATION AND
                          MANAGEMENT (OASAM)

                                          Mandatory Audit

36. Federal Information Security Management Act (FISMA) Audit – Annual. In performing its
    various missions, DOL collects and processes sensitive information through approximately
    77 major information systems. FISMA recognizes the significant risks involved with IT and its
    important role in fulfilling agency missions. As such, FISMA sets a framework for securing all
    federal government systems by developing security standards and methods for measuring
    the effectiveness of those security standards. This audit will focus on the status of the
    DOL Information Security Program in implementing an effective framework to secure DOL
    information systems.




Semiannual Report to Congress | April 1, 2023–September 30, 2023                                      165
                                OIG FY 2024 Audit Workplan

                                       Discretionary Audits

37. DOL IT Contingency Planning Audit – In Progress. IT Contingency Plans are a key
    component for the recovery and continuity of operations when disasters (natural disasters
    or malicious actors) strike an agency or its IT systems. The Office of the Chief Information
    Officer (OCIO) is now the Authorizing Official of DOL’s 65 IT systems and is responsible for the
    continuity of these mission critical systems. As such, the requirements for contingency plan
    testing of all those systems now fall to the OCIO staff. Prior FISMA work indicated problems with
    OCIO’s contingency planning, including not ensuring sufficient backup testing of its systems.
    With incomplete or impartial contingency planning of so many systems across a variety of
    agencies and geographic areas under OCIO’s purview, the potential for substantial system
    downtime or non-recovery of data when a contingency arises is elevated. The lack of availability
    of DOL systems could impact the Department’s ability to fulfill its critical missions and legislative
    requirements. This audit will focus on what efforts OCIO is undertaking to maintain and test the
    contingency plans across all DOL systems, with particular focus on the 65 systems under OCIO’s
    direct control.

38. DOL Wireless Network Environment – In Progress. DOL’s wireless network has been
    deployed across all 50 states at approximately 400 locations within all DOL owned and
    associated buildings for DOL’s 20,000 users. Wireless networks are being deployed to replace
    DOL’s current hardwired (cables) infrastructure. Wireless technology inherently contains high
    risks if not properly configured or maintained, as the information can be received by anyone
    within the range of the wireless device. Without operating secure wireless networks that include
    boundary controls between networks and active monitoring, DOL is vulnerable to the breach
    of its high-value IT assets, which could cripple DOL operations and result in the loss of highly
    sensitive data. Our audit will focus on whether DOL deployed and operated a secure wireless
    network infrastructure across all of its agencies and supported and/or funded mission sites. We
    intend to not only focus on the policy and procedures but also test the effectiveness of DOL’s
    implementation through technical testing.

39. IT Modernization – In Progress. IT modernization is critical to preventing security breaches,
    excessive costs, missed deadlines, and low-quality IT products and services. DOL transitioned
    to an IT Shared Services model, providing OASAM greater control over IT and IT funding. This
    audit focuses on the management of IT modernization efforts across the Department, including
    software integration, legacy systems, and shared services.




166                                      Semiannual Report to Congress | April 1, 2023–September 30, 2023
                                OIG FY 2024 Audit Workplan

           OFFICE OF THE ASSISTANT SECRETARY FOR POLICY (OASP)

                                          Mandatory Audit

40. DOL Implementation of Geospatial Data Audit – Biannual. Congress enacted the Geospatial
    Data Act of 2018 (GDA) to foster efficient management of geospatial data, technologies, and
    infrastructure through enhanced coordination among federal, state, local, and tribal governments,
    along with the private sector and academia. The GDA applies to federal agencies that collect,
    produce, acquire, maintain, distribute, use, or preserve geospatial data. To improve the
    management and oversight of geospatial data and related investments, the GDA identified
    13 requirements for federal agencies to implement. This audit will focus on the extent DOL
    implemented the requirements and improved its management of geospatial data.

                  OFFICE OF THE CHIEF FINANCIAL OFFICER (OCFO)

                                         Mandatory Audits

41. DOL Consolidated Financial Statements Audit – Annual. We will determine if DOL’s
    consolidated financial statements present fairly, in all material respects, the financial position of
    DOL as of September 30, 2024. We will consider DOL’s internal controls over financial reporting
    and test DOL’s compliance with applicable laws, regulations, contracts, and grant agreements
    that have a direct and material effect on the consolidated financial statements.

42. Review of DOL’s Improper Payment Reporting in the Annual Financial Report – Annual.
    In FY 2022, the UI program and Federal Employees’ Compensation Act (FECA) reported
    outlays of $85.2 billion and $2.9 billion, respectively, with an estimated improper payment rate
    of 21.52 percent and 3.03 percent, respectively. Based on DOL’s risk assessments, the UI and
    FECA programs continue to be considered the most susceptible to improper payments of all DOL
    programs. This audit will determine if DOL complied with the Payment Integrity Information Act
    of 2019, which required DOL to (1) conduct a program specific risk assessment for each required
    program or activity; (2) publish and meet annual reduction targets for each program assessed
    to be at risk for improper payments; and (3) report information on the efforts of each program to
    reduce improper payments.




Semiannual Report to Congress | April 1, 2023–September 30, 2023                                      167
                               OIG FY 2024 Audit Workplan

            OFFICE OF WORKERS’ COMPENSATION PROGRAMS (OWCP)

                                        Mandatory Audits

43. Report Relating to the Federal Employees’ Compensation Act Special Benefit Fund –
    Annual. We will determine if (1) the Schedule of Actuarial Liability, Net Intra-Governmental
    Accounts Receivable, and Benefit Expense was fairly presented for the year ending September
    30, 2024; and (2) internal controls over financial reporting related to the Schedule were in
    compliance with laws and regulations that could have a direct and material effect on the
    Schedule.

44. Longshore and Harbor Workers’ Compensation Act (LHWCA) Special Fund – Annual. We
    will determine if DOL’s LHWCA Special Fund financial statements presented fairly, in all material
    respects, the financial position of the LHWCA Special Funds as of September 30, 2023.

45. District of Columbia Workmen’s Compensation Act (DCCA) Special Fund Financial
    Statement Audits – Annual. We will determine if DOL’s DCCA Special Fund financial
    statements presented fairly, in all material respects, the financial position of the DCCA Special
    Funds as of September 30, 2023.

46. FECA Statement on Standards for Attestation Engagements No. 18 – Annual. We will
    determine if DOL’s Integrated Federal Employees’ Compensation System transaction processing
    for application and general controls, as described in the report, were fairly presented, suitably
    designed, and effectively operating for the period October 1, 2023, through June 30, 2024.

                                      Discretionary Audits

47. OWCP Longshore War Hazards Compensation Act Claims – New. OWCP provides
    compensation for the injury, disability, death, or enemy detention of employees of contractors
    with the United States, and for other purposes as part of its responsibilities from the War
    Hazards Compensation Act, which is an important aspect of the Defense Base Act. Over the
    past 2 years, Congress has raised concerns about OWCP’s (1) timeliness and thoroughness in
    processing War Hazards Compensation Act claims; (2) possible backlog of unprocessed and/or
    unpaid claims totaling hundreds of millions of dollars; and (3) processes for securely collecting
    and safeguarding associated claims data. This audit will examine the effectiveness of OWCP’s
    claims processing efforts in this area over the past 5 years and OWCP processes for securely
    collecting and safeguarding claims data from insurers, including any Personal Identifiable
    Information (PII) and Personal Health Information (PHI).




168                                     Semiannual Report to Congress | April 1, 2023–September 30, 2023
                                OIG FY 2024 Audit Workplan

48. OWCP Medical Bill Payment Processing Data Integrity Follow-Up – New. In 2020, OWCP
    launched a new medical bill payment processing system, the Workers’ Compensation Medical
    Bill Processing (WCMBP) system. In 2021, we initiated an audit to assess the processes and
    controls over OWCP’s medical bill payment data from this system and other OWCP systems
    that collect, process, and share the data necessary to manage the Workers’ Compensation
    Programs. OWCP was unable to demonstrate the design and effectiveness of its controls
    over its medical bill payment processes. Based on this, we ended the audit and concluded
    OWCP’s medical bill payment data was of undetermined reliability. Since concluding our
    testing, OWCP has stated the issues preventing our continued testing have been remedied.
    As OWCP, its programs, and its stakeholders rely on accurate and complete data from this
    and other OWCP systems, we decided to follow up on our recommendations and complete our
    data reliability testing. This audit will assess OWCP’s processes and controls to determine the
    reliability of OWCP’s medical bill payment processing data necessary to manage the Workers’
    Compensation Programs.

49. OWCP Pharmacy Benefit Manager (PBM) – New. In March 2021, OWCP implemented a PBM
    responsible for pharmaceutical transactions including but not limited to eligibility determinations
    and pricing for prescription drugs for the FECA program. In FY 2021, FECA provided almost
    $3 billion in benefits to more than 183,000 workers and survivors for work-related injuries or
    illnesses. This audit will focus on how effectively OWCP’s PBM reduced opioid-related risks,
    pharmaceutical costs, and fraud.

50. Energy Employees’ Claims Denials – In Progress. From its inception to the end of FY 2020,
    the Energy Workers program awarded approximately 127,000 claimants’ compensation and
    medical benefits totaling more than $18.52 billion. One of the major functions of the Energy
    program is to determine whether an individual qualifies for Part B and/or Part E benefits. As of
    October 3, 2021, the Energy program had denied 42 percent of claims filed under Part B and
    47 percent of claims filed under Part E. This audit will determine the extent to which the program
    ensured claims followed appropriate guidelines.




Semiannual Report to Congress | April 1, 2023–September 30, 2023                                    169
                                OIG FY 2024 Audit Workplan

             VETERANS’ EMPLOYMENT AND TRAINING SERVICE (VETS)

                                       Discretionary Audits

51. COVID-19: Effectiveness of Homeless Veterans’ Reintegration Program (HVRP) Grants
    – New. HVRP is the only federal grant to focus exclusively on competitive employment for
    homeless veterans. Of all VETS programs, veterans experiencing homelessness were the most
    difficult population to serve during the COVID-19 pandemic. Many facilities and partner agencies
    shut down due to the public health emergency. VETS also experienced challenges pivoting to
    and providing virtual services to this population during the pandemic. This audit will focus on the
    effectiveness of HVRP meeting the needs of homeless veterans as well as VETS’s oversight of
    the program.

52. COVID-19: Jobs for Veterans State Grants (JVSG) Program – New. The COVID-19
    pandemic presented new challenges for VETS in its mission to prepare America’s veterans and
    transitioning service members for meaningful careers; provide them with employment resources
    and expertise; protect their employment rights; and promote their employment opportunities.
    Its JVSG program provides individualized career services to veterans with significant barriers
    to employment, with the maximum emphasis directed toward serving veterans who are
    economically or educationally disadvantaged. The program also conducts outreach to employers
    and business associations and engages in advocacy efforts with hiring executives to increase
    employment opportunities for veterans and encourage the hiring of disabled veterans. The audit
    will focus on how the pandemic impacted the JVSG program as well as the effectiveness of this
    program during a health crisis.

                              WAGE AND HOUR DIVISION (WHD)

                                        Discretionary Audit

53. Child Labor Law Violations – In Progress. The Fair Labor Standards Act of 1938 is the federal
    law that sets minimum wage, overtime, recordkeeping, and youth employment standards. The
    Act includes child labor provisions (i.e., laws) to protect the safety, health, and wellbeing, as well
    as educational opportunities, of working young people. These provisions are enforced by the
    Department’s Wage and Hour Division (WHD). Violations of child labor laws and proposals to
    roll back protections are increasing nationwide. For example, in 2022, WHD reported the highest
    number violations related to minors in hazardous occupations. Concurrently, states appear to be
    pursuing legislation to reduce child labor protections. Ten states have introduced, considered, or
    passed legislation rolling back protections for young workers within the past 2 years. This audit
    will focus on WHD’s efforts to curtail child labor law violations and determine the cause for rising
    child labor law violations.

170                                      Semiannual Report to Congress | April 1, 2023–September 30, 2023
                                OIG FY 2024 Audit Workplan

                                          MULTI-AGENCY

                                         Mandatory Audits

54. Charge Card Risk Assessment – Annual. The Government Charge Card Abuse Prevention
    Act of 2012 was designed to prevent recurring waste, fraud, and abuse of government charge
    cards, and requires agencies to implement safeguards and internal controls to reduce these
    risks. This audit will determine if DOL established controls over its purchase and travel card
    programs to prevent and detect illegal, improper, or erroneous purchases and payments.

55.	Single Audit Compliance, Quality Control Reviews of Single Audit Reports – Annual.
    We will determine if selected independent auditors complied with the requirements of the Office
    of Management and Budget’s Uniform Guidance, Government Auditing Standards, Generally
    Accepted Auditing Standards, and if there is a need for any follow up work.




Semiannual Report to Congress | April 1, 2023–September 30, 2023                                     171
                                             Appendices


                    Acronyms and Abbreviations
ARPA                American Rescue Plan Act of 2021    IOC-2              International Organized Crime
BLS                 U.S. Bureau of Labor Statistics                        Intelligence and Operations Center
CARES Act           Coronavirus Aid, Relief, and        IT                 information technology
                    Economic Security Act               Key & Associates   Key & Associates, P.C.
C.F.R.              Code of Federal Regulations         KPMG               KPMG LLP
Charge Card Act     Government Charge Card Abuse        MSHA               Mine Safety and Health
                    Prevention Act of 2012                                 Administration
Department or DOL   U.S. Department of Labor            NASWA              National Association of State
DOJ                 U.S. Department of Justice                             Workforce Agencies
EBSA                Employee Benefits Security          OIG                Office of Inspector General
                    Administration                      OMB                Office of Management and Budget
EIDL                Economic Injury Disaster Loan       OSHA               Occupational Safety and Health
Energy              Energy Employees Occupational                          Administration
                    Illness Compensation Program        OWCP               Office of Workers’ Compensation
ERISA               Employment Retirement Income                           Programs
                    Security Act of 1974                PERM               permanent employment
ETA                 Employment and Training                                certification program
                    Administration                      PEUC               Pandemic Emergency
EUISAA              Emergency Unemployment                                 Unemployment Compensation
                    Insurance Stabilization and         PII                personally identifiable information
                    Access Act of 2020                  PIIA               Payment Integrity Information Act
EURGENO             Emergency Unemployment Relief                          of 2019
                    for Governmental Entities and       PPP                Paycheck Protection Program
                    Nonprofit Organizations             PRAC               Pandemic Response
FBI                 Federal Bureau of Investigation                        Accountability Committee
FECA                Federal Employees’ Compensation     PUA                Pandemic Unemployment
                    Act                                                    Assistance
FISMA               Federal Information Security        QCR                Quality Control Review
                    Modernization Act                   Recovery Act       American Reinvestment and
FLC                 Foreign Labor Certification                            Recovery Act of 2009
FPUC                Federal Pandemic Unemployment       Rocha              Rocha & Company, PC
                    Compensation                        Secret Service     U.S. Secret Service
FY                  Fiscal Year/fiscal year             Silica             Respirable Crystalline Silica
GAO                 Government Accountability Office    SWA                State Workforce Agency
GenTech             GenTech Associates                  Treasury           U.S. Department of the Treasury
H-1B                visa program for workers in         TFFF               Temporary Full Federal Funding
                    specialty occupations                                  of the First Week of Compensable
H-2A                visa program for agricultural                          Regular Unemployment for States
                    workers                                                with No Waiting Week
H-2B                visa program for non-agricultural   Trust Fund         Black Lung Disability Trust Fund
                    workers                             UI                 Unemployment Insurance
iFECS               Integrated Federal Employees’       U.S.C.             United States Code
                    Compensation System                 WIOA               Workforce Innovation and
IDH                 Integrity Data Hub                                     Opportunity Act



172                                       Semiannual Report to Congress | April 1, 2023–September 30, 2023
Office of Inspector General, U.S. Department of Labor
                      200 Constitution Avenue, NW
                             Room S-5506
                         Washington, DC 20210

To learn more about the Office of Inspector General’s current and planned work,
                         please visit www.oig.dol.gov.
                   Office of Inspector General
                United States Department of Labor


  Report Fraud, Waste, and Abuse

            Contact the Hotline
       202.693.6999 or 800.347.3756
            Fax: 202.693.7020
              www.oig.dol.gov




  The OIG Hotline is open to the public and to federal employees
 24 hours a day, 7 days a week, to receive allegations of fraud, waste,
and abuse concerning Department of Labor programs and operations.

                             OIG Hotline
                       U.S. Department of Labor
                      Office of Inspector General
                     200 Constitution Avenue, NW
                             Room S-5506
                        Washington, DC 20210


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