10244 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Notices 

The two-year plan, in turn, must 

describe WIAC recommendations and 

the extent to which the plan 

incorporates them. 

The Department anticipates that the 

WIAC will accomplish its objectives by, 

for example: (1) Studying workforce and 

labor market information issues; (2) 

seeking and sharing information on 

innovative approaches, new 

technologies, and data to inform 

employment, skills training, and 

workforce and economic development 

decision making and policy; and 3) 

advising the Secretary on how the 

workforce and labor market information 

system can best support workforce 

development, planning, and program 

development. 

Pertinent information about the 

WIAC, including recommendations, 

reports, background information, 

agendas, and meeting minutes, can be 

accessed at the WIAC’s website located 

at https://www.dol.gov/agencies/eta/ 

wioa/wiac. 

Section 15(d)(2)(B) of the WagnerPeyser Act requires the WIAC to have 14 

members, appointed by the Secretary, 

consisting of: 

(1) Four members who are 

representatives of lead State agencies 

with responsibility for workforce 

investment activities, or State agencies 

described in sec. 4 of the Wagner-Peyser 

Act (an agency designated or authorized 

by the Governor to cooperate with the 

Secretary of Labor), who have been 

nominated by such agencies or by a 

national organization that represents 

such agencies; 

(2) Four members who are 

representatives of the State workforce 

and labor market information directors 

affiliated with the State agencies 

responsible for the management and 

oversight of the workforce and labor 

market information system, as described 

in Wagner-Peyser Act sec. 15(e)(2), who 

have been nominated by the directors; 

(3) One member who is a 

representative of providers of training 

services under WIOA sec. 122 

(Identification of Eligible Providers of 

Training Services); 

(4) One member who is a 

representative of economic development 

entities; 

(5) One member who is a 

representative of businesses, who has 

been nominated by national business 

organizations or trade associations; 

(6) One member who is a 

representative of labor organizations, 

who has been nominated by a national 

labor federation; 

(7) One member who is a 

representative of local workforce 

development boards, who has been 

nominated by a national organization 

representing such boards; and 

(8) One member who is a 

representative of research entities that 

use workforce and labor market 

information. 

The Secretary must ensure that the 

membership of the WIAC is 

geographically diverse, and that no two 

members appointed under clauses (1), 

(2), or (7) above represent the same 

State. Please note, the members whom 

the Secretary appoints to fill these 

vacancies will serve the balance of their 

predecessors’ unexpired terms, in this 

case from the date of appointment until 

March 9, 2023. Members of the Council 

will serve on a voluntary and generally 

uncompensated basis but will be 

reimbursed for travel expenses to attend 

WIAC meetings, including per diem in 

lieu of subsistence, as authorized by the 

Federal travel regulations. 

The WIAC is a permanent advisory 

council and, as such, is not governed by 

the Federal Advisory Committee Act’s 

(FACA) sec. 14, on termination of 

advisory committees. In other respects, 

however, WIAC membership will be 

consistent with the FACA requirement 

that membership be ‘‘fairly balanced in 

terms of the points of view represented 

and the functions to be performed’’ (5 

U.S.C. App. 2, sec. 5(b)(2)), as specified 

in Wagner-Peyser sec. 15(2)(B) & (C), 

and the requirement that members come 

from ‘‘a cross-section of those directly 

affected, interested, and qualified, as 

appropriate to the nature and functions’’ 

of the WIAC (41 CFR 102–3.60(b)(3)). 

Under the FACA regulation, the 

composition of the WIAC will, 

therefore, depend upon several factors, 

including: (i) The WIAC’s mission; (ii) 

the geographic, ethnic, social, economic, 

or scientific impact of the WIAC’s 

recommendations; (iii) the types of 

specific perspectives required; (iv) the 

need to obtain divergent points of view 

on the issues before the WIAC, such as 

those of consumers, technical experts, 

the public at large, academia, business, 

or other sectors; and (v) the relevance of 

State, local, or tribal governments to the 

development of the WIAC’s 

recommendations (41 CFR 102–3, 

Subpart B, Appendix A). 

To the extent permitted by FACA and 

other applicable laws, WIAC 

membership should also be consistent 

with achieving the greatest impact, 

scope, and credibility among diverse 

stakeholders. The diversity in such 

membership includes, but is not limited 

to, race, gender, disability, sexual 

orientation, and gender identity. 

Nominations Process: Nominations 

for a representative of businesses must 

be nominated by national business 

organizations or trade associations. 

Please refer to the special requirements 

listed in the section above regarding the 

nomination process for the other seven 

WIAC representative categories. 

To nominate an individual for 

appointment to the WIAC, please 

submit, to one of the addresses listed 

below, the following information: 

• A copy of the nominee’s resume or 

curriculum vitae; 

• A cover letter that provides your 

reason(s) for nominating the individual, 

the constituency area that they represent 

(as outlined above in the WIAC 

membership identification discussion), 

and their particular expertise for 

contributing to the national policy 

discussion on: (1) The evaluation and 

improvement of the nationwide 

workforce and labor market information 

system and statewide systems that 

comprise the nationwide system; and (2) 

how the Department of Labor and the 

States will cooperate in the management 

of those systems, including programs 

that produce employment-related 

statistics and State and local workforce 

and labor market information; and 

• Contact information for the 

nominee (name, title, business address, 

business phone, and business email 

address). 

In addition, the cover letter must state 

the nomination is being made in 

response to this Federal Register Notice 

and the nominee (if nominating 

someone other than oneself) has agreed 

to be nominated and is willing to serve 

on the WIAC. Nominees will be 

appointed based on their qualifications, 

professional experience, and 

demonstrated knowledge of issues 

related to the purpose and scope of the 

WIAC, as well as diversity 

considerations. The Department will 

publish a list of the new WIAC members 

on the WIAC’s website at https://

www.dol.gov/agencies/eta/wioa/wiac. 

Angela Hanks, 

Acting Assistant Secretary for Employment 

and Training Administration, Labor. 

[FR Doc. 2022–03199 Filed 2–22–22; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Agency Information Collection 

Activities; Comment Request; Benefit 

Accuracy Measurement (BAM) 

Program 

ACTION: Notice. 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Notices 10245 

SUMMARY: The Department of Labor’s 

(DOL) Employment and Training 

Administration (ETA) is soliciting 

comments concerning a proposed 

extension for the authority to conduct 

the information collection request (ICR) 

titled, ‘‘Benefit Accuracy Measurement 

(BAM) Program.’’ This comment request 

is part of continuing Departmental 

efforts to reduce paperwork and 

respondent burden in accordance with 

the Paperwork Reduction Act of 1995 

(PRA). 

DATES: Consideration will be given to all 

written comments received by April 25, 

2022. 

ADDRESSES: A copy of this ICR with 

applicable supporting documentation, 

including a description of the likely 

respondents, proposed frequency of 

response, and estimated total burden, 

may be obtained free by contacting 

Rhonda Cowie by telephone at 301– 

693–3821 (this is not a toll-free 

number), TTY 1–877–889–5627 (this is 

not a toll-free number), or by email at 

cowie.rhonda.m@dol.gov. 

Submit written comments about, or 

requests for a copy of, this ICR by mail 

or courier to the U.S. Department of 

Labor, Employment and Training 

Administration, Office of 

Unemployment Insurance, Room S– 

4520, 200 Constitution Avenue NW, 

Washington, DC 20210, by email at 

cowie.rhonda.m@dol.gov, or by Fax at 

202–693–3975. 

SUPPLEMENTARY INFORMATION: DOL, as 

part of continuing efforts to reduce 

paperwork and respondent burden, 

conducts a pre-clearance consultation 

program to provide the general public 

and Federal agencies an opportunity to 

comment on proposed and/or 

continuing collections of information 

before submitting them to the Office of 

Management and Budget (OMB) for final 

approval. This program helps to ensure 

requested data can be provided in the 

desired format, reporting burden (time 

and financial resources) is minimized, 

collection instruments are clearly 

understood, and the impact of collection 

requirements can be properly assessed. 

Since 1987, all State Workforce 

Agencies (SWA), except the U.S. Virgin 

Islands, have been required by 

regulation at 20 CFR part 602 to operate 

BAM programs to assess the accuracy of 

their unemployment insurance (UI) 

benefit payments in three programs: 

State UI, Unemployment Compensation 

for Federal Employees (UCFE), and 

Unemployment Compensation for Exservicemembers (UCX). Beginning in 

2001, BAM was modified to include the 

sampling and investigation of UI claims 

denied for monetary, separation, or 

nonseparation issues. 

BAM is one of the tools DOL uses to 

measure and reduce improper payments 

in the UI program. By investigating 

small representative weekly samples of 

both paid and denied UI claims, each 

SWA calculates a reliable estimate of 

the number and dollar value of proper 

and improper payments; the number of 

proper and improper denials of claims 

for UI benefits; the rates of occurrence 

of these proper and improper payments 

and denials; and the error types, error 

causes, and the parties that are 

responsible for the errors. 

Paid Claims Accuracy. Each week, 

SWAs select random samples of both 

intrastate and interstate original 

payments (including combined wage 

claims) made for a week of UI benefits 

under the State UI, UCX, and UCFE 

programs. A sample of 360 cases per 

year are pulled in the 10 SWAs with the 

smallest UI program workloads (defined 

as the average annual UI weeks paid 

during the last five years) and 480 cases 

per year in the other SWA. SWA BAM 

staff audit each selected claim, 

examining all aspects of a claimant’s 

eligibility to receive UI benefits during 

the sampled week. The findings are 

entered into an automated database that 

is maintained on a computer located in 

each SWA. 

Denied Claims Accuracy (DCA). Each 

week, SWAs select random samples 

from three separate sampling frames 

constructed from the universes of UI 

claims for which eligibility was denied 

for monetary, separation, and 

nonseparation reasons. All SWAs 

sample a minimum of 150 cases of each 

denial type in each calendar year. SWA 

BAM staff members review agency 

records and contact claimants, 

employers, and all other relevant parties 

to verify information in agency records 

or obtain additional information 

pertinent to the determination that 

denied eligibility for UI benefits. Unlike 

the investigation of paid claims, in 

which all prior determinations affecting 

claimant eligibility for the compensated 

week selected for the sample are 

evaluated, the investigation of denied 

claims is limited to the issue upon 

which the denial determination is 

based. The findings are entered into an 

automated database that is maintained 

on a computer located in each SWA. 

DOL maintains a database of each 

SWA’s BAM paid and denied claims 

cases, minus any personally identifying 

information. DOL uses BAM data to 

measure SWA performance with respect 

to UI payment integrity and to meet the 

DOL’s reporting requirements of the 

Payment Integrity Information Act of 

2019 and the Government Performance 

and Results Act. DOL also relies heavily 

on BAM data for information on UI 

operations, such as claims filing 

method, UI wage replacement rates, and 

claimant characteristics. The results of 

the BAM survey are reported annually 

on the ETA website at the following 

link: https://oui.doleta.gov/unemploy/ 

bqc.asp. The Payment Integrity 

Information Act of 2019 (31 U.S.C. 

3352) and Section 303(a)(6) of the Social 

Security Act authorize this information 

collection. 

This information collection is subject 

to the PRA. A Federal agency generally 

cannot conduct or sponsor a collection 

of information, and the public is 

generally not required to respond to an 

information collection, unless it is 

approved by OMB under the PRA and 

displays a currently valid OMB Control 

Number. In addition, notwithstanding 

any other provisions of law, no person 

shall generally be subject to penalty for 

failing to comply with a collection of 

information that does not display a 

valid Control Number. See 5 CFR 

1320.5(a) and 1320.6. 

Interested parties are encouraged to 

provide comments to the contact shown 

in the ADDRESSES section. Comments 

must be written to receive 

consideration, and they will be 

summarized and included in the request 

for OMB approval of the final ICR. In 

order to help ensure appropriate 

consideration, comments should 

mention OMB Control Number 1205– 

0245. Submitted comments will also be 

a matter of public record for this ICR 

and posted on the internet, without 

redaction. DOL encourages commenters 

not to include personally identifiable 

information, confidential business data, 

or other sensitive statements/ 

information in any comments. 

DOL is particularly interested in 

comments that: 

• Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

• Evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

• Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

• Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 


khammond on DSKJM1Z7X2PROD with NOTICES
10246 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Notices 

1H–2A employers must provide workers engaged 

in herding or the production of livestock on the 

range meals or food to prepare meals without 

charge or deposit charge. See 20 CFR 655.210(e). 

2Consumer Price Index—December 2021, 

published January 12, 2022, at https://www.bls.gov/ 

news.release/archives/cpi_01122022.pdf. 

3 In 2021, the maximum allowable charge under 

20 CFR 655.122(g) and 655.173 was $13.17 per day. 

See 86 FR 13756 (Mar. 10, 2021). 

other forms of information technology, 

(e.g., permitting electronic submission 

of responses). 

Agency: DOL–ETA. 

Type of Review: Extension without 

changes. 

Title of Collection: Unemployment 

Insurance Benefit Accuracy 

Measurement. 

Form: BAM State Operations 

Handbook (ET Handbook 395, 5th 

edition). 

OMB Control Number: 1205–0245. 

Affected Public: State Workforce 

Agencies (Primary), individuals, 

businesses, and not-for-profit 

institutions. 

Estimated Number of Respondents: 

181,633. 

Frequency: Varies. 

Total Estimated Annual Responses: 

228,745. 

Estimated Average Time per 

Response: Varies. 

Estimated Total Annual Burden 

Hours: 618,084 hours. 

Total Estimated Annual Other Cost 

Burden: $0. 

(Authority: 44 U.S.C. 3506(c)(2)(A)) 

Angela Hanks, 

Acting Assistant Secretary for Employment 

and Training, Labor. 

[FR Doc. 2022–03765 Filed 2–22–22; 8:45 am] 

BILLING CODE 4510–FW–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Labor Certification Process for the 

Temporary Employment of H–2A and 

H–2B Foreign Workers in the United 

States: Annual Update to Allowable 

Monetary Charges for Agricultural 

Workers’ Meals and for Travel 

Subsistence Reimbursement, 

Including Lodging 

AGENCY: Employment and Training 

Administration, Department of Labor. 

ACTION: Notice. 

SUMMARY: The Employment and 

Training Administration (ETA) of the 

Department of Labor (DOL) is issuing 

this notice to announce the annual 

updates to allowable monetary charges 

employers of H–2A workers, in 

occupations other than herding or 

production of livestock on the range, 

may charge these workers when the 

employer provides three meals per day. 

This notice also announces the 

maximum travel subsistence meal 

reimbursement a worker with receipts 

may claim under the H–2A and H–2B 

programs. Finally, this notice includes a 

reminder regarding employers’ 

obligations with respect to overnight 

lodging costs as part of required 

subsistence. 

DATES: This notice is effective on 

February 23, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Brian Pasternak, Administrator, Office 

of Foreign Labor Certification, 

Employment and Training 

Administration, U.S. Department of 

Labor, 200 Constitution Avenue NW, 

Room N–5311, Washington, DC 20210, 

telephone (202) 693–8200 (this is not a 

toll-free number). Individuals with 

hearing or speech impairments may 

access the telephone numbers above via 

TTY/TDD by calling the toll-free Federal 

Information Relay Service at 1 (877) 

889–5627. 

SUPPLEMENTARY INFORMATION: The U.S. 

Citizenship and Immigration Services of 

the Department of Homeland Security 

will not approve an employer’s petition 

for the admission of H–2A or H–2B 

nonimmigrant temporary workers in the 

U.S. unless the petitioner has received 

an H–2A or H–2B labor certification 

from DOL. The labor certification 

provides that: (1) There are not 

sufficient U.S. workers who are able, 

willing, and qualified and who will be 

available at the time and place needed 

to perform the labor or services involved 

in the petition; and (2) the employment 

of the foreign worker(s) in such labor or 

services will not adversely affect the 

wages and working conditions of 

workers in the U.S. similarly employed. 

See 8 U.S.C. 1101(a)(15)(H)(ii)(a) and 

(b), 1184(c)(1), and 1188(a); 8 CFR 

214.2(h)(5) and (6); 20 CFR 655.1(a) and 

655.100. 

Allowable Meal Charge 

H–2A agricultural employers who are 

employing workers in occupations other 

than herding or production of livestock 

on the range must offer and provide 

each worker three meals per day or 

provide the workers free and convenient 

cooking facilities.1 See 20 CFR 

655.122(g). Where the employer 

provides the meals, the job offer must 

state the charge, if any, to the worker for 

such meals. See id. The amount of meal 

charges is governed by 20 CFR 655.173. 

By regulation, DOL has established 

the methodology for determining the 

maximum amount that H–2A 

agricultural employers may charge 

workers for providing them with three 

meals per day. See 20 CFR 655.173(a). 

This methodology allows for annual 

adjustments of the previous year’s 

maximum allowable charge based on 

the updated Consumer Price Index for 

All Urban Consumers for Food (CPI–U 

for Food), not seasonally adjusted. See 

id. The maximum amount employers 

may charge workers for providing meals 

is adjusted annually by the 12-month 

percentage change in the CPI–U for 

Food for the prior year (i.e., between 

December of the year just concluded 

and December of the prior year). See id. 

The Office of Foreign Labor Certification 

(OFLC) Certifying Officer may also 

permit an employer to charge workers a 

higher amount for providing them with 

three meals a day if the higher amount 

is justified and sufficiently documented 

by the employer, as set forth in 20 CFR 

655.173(b). 

The percentage change in the CPI–U 

for Food between December 2020 and 

December 2021 was 6.3 percent.2 Thus, 

the annual update to the H–2A 

allowable meal charge is calculated by 

multiplying the current allowable meal 

charge ($13.17) by the 12-month 

percentage change in the CPI–U for 

Food between December 2020 and 

December 2021 ($13.17 × 1.063 = 

$14.00). Accordingly, the updated 

maximum allowable charge under 20 

CFR 655.122(g) and 655.173 is $14.00 

per day, and an employer is not 

permitted to charge a worker more than 

$14.00 per day unless the OFLC 

Certifying Officer approves a higher 

charge, as authorized under 20 CFR 

655.173(b).3

Reimbursement for Travel-Related 

Subsistence 

H–2B and H–2A employers must pay 

reasonable travel and subsistence costs, 

including the costs of meals and 

lodging, incurred by workers during 

travel to the worksite from the place 

from which the worker has come to 

work for the employer and from the 

place of employment to the place from 

which the worker departed to work for 

the employer, as well as any such costs 

incurred by the worker incident to 

obtaining a visa authorizing entry to the 

United States for the purpose of H–2A 

or H–2B employment. See 20 CFR 

655.122(h)(1) and (2) and 655.20(j)(1)(i) 

and (ii). 

Specifically, an H–2A employer is 

responsible for providing, paying in 

advance, or reimbursing a worker for the 

reasonable costs of daily travel-related 

subsistence between the employer’s 


khammond on DSKJM1Z7X2PROD with NOTICES