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GAO-18-133R 1 (2017-11-21)

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c rAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC  20548



November   21, 2017


The  Honorable Adrian Smith
Chairman
Subcommittee  on  Human  Resources
Committee  on Ways  and Means
House  of Representatives

Unemployment Insurance: State Use of Warnings Related to Work Search Requirements
Affects DOL's  Improper  Payment   Estimates

The  Unemployment   Insurance (UI) program provides temporary income support to eligible
workers who  become  unemployed  through no fault of their own. Individuals who claim
unemployment   are generally required to actively search for work as a condition of receiving
benefits. However, the specific work search requirements-such as the number of weekly
contacts a claimant must have with potential employers-vary by state, according to the
Department  of Labor (DOL).

Overseen  by DOL,  and administered by states, the UI program paid $32 billion to 6.2 million
individuals in fiscal year 2016.1 That same year, the program had the seventh-highest reported
improper payment  estimate among  all federal programs ($3.9 billion or about 12 percent of
benefits paid).2 Currently, the leading reported cause of UI improper payments is overpayments
to claimants who failed to meet work search requirements.

You  asked us to examine improper payments  due to UI claimants' failure to actively search for
work. This report describes (1) differences in state policies regarding claimants who fail to
satisfy the work search requirement and implications for DOL's improper payment estimates,
and (2) DOL's plans to address formal warning policies that some states have implemented.
Meanwhile, we  are continuing our overall review of work search requirements for UI claimants
and will include the issues raised in this report and any actions taken by DOL to resolve them in
a subsequent  report.

To examine  DOL's  efforts related to state formal warning policies, we interviewed DOL officials
and reviewed  relevant federal laws, regulations, and guidance as well as selected state formal
warning policies.' We reviewed DOL  documentation, including procedures used to determine

1 DOL certifies payments to states to administer the UI program. State UI administration payments are made by the
Department of the Treasury. In fiscal year 2016, DOL certified about $2.6 billion to states to administer their
programs. We refer to these funds as administrative grants.
2 The estimate of the improper payment rate is from the estimation of the following: overpayments plus
underpayments as a percentage of total benefits paid, according to DOL documentation.
3 According to DOL, state formal warning policies may be derived from state laws, regulations, court decisions, and
various types of state policy documents. We refer to these generally as state formal warning policies or state
policies, regardless of their source.


GAO-1 8-133R UI Improper Payments


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