Title 20—Employees' Benefits--Volume 1
PART 669—NATIONAL FARMWORKER JOBS PROGRAM UNDER TITLE I OF THE WORKFORCE INVESTMENT ACT
§ 669.100   What is the purpose of the National Farmworker Jobs Program (NFJP) and the other services and activities established under WIA section 167?
The purpose of the NFJP, and the other services and activities established under WIA section 167, is to strengthen the ability of eligible migrant and seasonal farmworkers and their families to achieve economic self-sufficiency. This part provides the regulatory requirements applicable to the expenditure of WIA section 167 funds for such programs, services and activities.
§ 669.110   What definitions apply to this program?
In addition to the definitions found in WIA sections 101 and 167 and in 20 CFR 660.300, the following definitions apply to programs under this part:
Allowances means direct payments, which must not exceed the higher of the State or Federal minimum wage, made to NFJP participants during their enrollment to enable them to participate in intensive or training services.
Capacity enhancement means the technical assistance we provide to grantees and grantee staff by the Department to improve the quality of the program and the delivery of program services to NFJP participants.
Dependent means an individual who:
(1) Was claimed as a dependent on the qualifying farmworker's federal income tax return for the previous year; or
(2) Is the spouse of the qualifying farmworker; or
(3) If not claimed as a dependent for federal income tax purposes, is able to establish:
(i) A relationship as the farmworker's
(A) Child, grandchild, great grandchild, including legally adopted children;
(B) Stepchild;
(C) Brother, sister, half brother, half sister, stepbrother, or stepsister;
(D) Parent, grandparent, or other direct ancestor but not foster parent;
(E) Foster child;
(F) Stepfather or stepmother;
(G) Uncle or aunt;
(H) Niece or nephew;
(I) Father-in-law, mother-in-law, son-in-law; or
(J) Daughter-in-law, brother-in-law, or sister-in-law; and
(ii) The receipt of over half of his/her total support from the eligible farmworker's family during the eligibility determination period.
Disadvantaged means a farmworker whose income, for any 12 consecutive months out of the 24 months immediately before the farmworker applies for the program, does not exceed the higher of either the poverty line or 70 percent of the lower living standard income level, adjusted for the farmworker's family size and including the income of all wage earners, except when its inclusion would be unjust due to unstable conditions of the family unit.
DSFP means the Division of Seasonal Farmworker Programs within the Employment and Training Administration of the Department, or a successor organizational unit.
Eligibility determination period means any consecutive 12-month period within the 24-month period immediately preceding the date of application for the NFJP by the applicant farmworker.
Emergency assistance means assistance that addresses immediate needs of farmworkers and their families, provided by NFJP grantees. Except for evidence to support legal working status in the United States and Selective Service registration, where applicable, the applicant's self-attestation is accepted as eligibility for emergency assistance.
Farmwork means those occupations and industries within agricultural production and agricultural services that we identify for the National Farmworker Jobs Program.
Housing development assistance within the NFJP, is a type of related assistance consisting of an organized program of education and on-site demonstrations about the basic elements of family housing and may include financing, site selection, permits and construction skills, leading towards home ownership.
MOU means Memorandum of Understanding.
MSFW means a Migrant or Seasonal Farmworker under WIA section 167.
MSFW program grantee means an entity to which we directly award a WIA grant to carry out the MSFW program in one or more designated States or substate areas.
National Farmworker Jobs Program (NFJP) is the nationally administered workforce investment program for farmworkers established by WIA section 167 as a required partner of the One-Stop system.
Related assistance means short-term forms of direct assistance designed to assist farmworkers and their families to retain or stabilize their agricultural employment or enrollment in the NFJP.
Self-certification means a farmworker's signed attestation that the information he/she submits to demonstrate eligibility for the NFJP is true and accurate.
Service area means the geographical jurisdiction in which a WIA section 167 grantee is designated to operate.
Work experience means a planned, structured learning experience that takes place in a workplace for a limited period of time. Work experience may be paid or unpaid, as appropriate.
§ 669.120   How do we administer the NFJP program?
This program is centrally administered by the Department of Labor in a manner consistent with the requirements of WIA section 167. As described in § 669.210, we designate grantees using procedures consistent with standard Federal government competitive procedures. We award other grants and contracts using similar competitive procedures.
§ 669.130   What unit within the Department administers the National Farmworker Jobs Program funded under WIA section 167?
We have designated the Division of Seasonal Farmworker Programs (DSFP), or its successor organization, within the Employment and Training Administration, as the organizational unit that administers the NFJP and other MSFW programs at the Federal level.
§ 669.140   How does the Division of Seasonal Farmworker Programs (DSFP) assist the MSFW grantee organizations to serve farmworker customers?
We provide technical assistance and training to MSFW grantees for the purposes of program implementation and program performance management leading to enhancement of services to and continuous improvement in the employment outcomes of farmworkers.
§ 669.150   How are regulations established for this program?
In developing regulations for WIA section 167, we consult with the Migrant and Seasonal Farmworker Employment and Training Advisory Committee. The regulations and program guidance consider the economic circumstances and demographics of eligible migrant and seasonal farmworkers.
§ 669.160   How do we consult with NFJP organizations in developing rules, regulations and standards of accountability, and other policy guidance for the NFJP?
(a) We consider the NFJP grantee community as a full partner in the development of policies for the NFJPs under the Act.
(b) We have established and continue to support the Federal MSFW Employment and Training Advisory Committee. Through the Advisory Committee, we actively seek and consider the views of the grantee community before establishing policies and/or program regulations, according to the requirements of WIA section 167.
§ 669.170   What WIA regulations apply to the programs funded under WIA section 167?
(a) The regulations found in this part;
(b) The general administrative requirements found in 20 CFR part 667, including the regulations concerning Complaints, Investigations and Hearings found at 20 CFR part 667, subpart E through subpart H, which cover programs under WIA section 167;
(c) The Department's regulations codifying the common rules implementing Office of Management and Budget (OMB) Circulars, which generally apply to Federal programs carried out by State and local governments and nonprofit organizations at 29 CFR parts 95, 96, 97, and 99, as applicable.
(d) The regulations on partnership responsibilities contained in 20 CFR parts 661 (Statewide and Local Governance) and 662 (the One-Stop System).
(e) The Department's regulations at 29 CFR part 37, which implement the nondiscrimination provisions of WIA section 188, apply to recipients of financial assistance under WIA section 167.
§ 669.200   Who is eligible to receive a NFJP grant?
(a) To be eligible to receive a grant under this section, an entity must have:
(1) An understanding of the problems of eligible migrant and seasonal farmworkers and their dependents;
(2) A familiarity with the agricultural industry and the labor market needs of the geographic area to be served;
(3) The capacity to effectively administer a diversified program of workforce investment activities and related assistance for eligible migrant and seasonal farmworkers (including farmworker youth) as described in paragraph (b) of this section;
(4) The capacity to work effectively as a One-Stop partner.
(b) For purposes of paragraph (a)(3) of this section, an entity's “capacity to effectively administer” a program may be demonstrated by:
(1) Organizational experience; or
(2) Significant experience of its key staff in administering similar programs.
(c) For purposes of paragraph (a)(4) of this section, an applicant may demonstrate its capacity to work effectively as a One-Stop partner through its existing relationships with Local Workforce Investment Boards and other One-Stop partners, as evidenced through One-Stop system participation and successful MOU negotiations.
(d) As part of the evaluation of the applicant's capacity to work effectively as a One-Stop partner under paragraph (a)(4) of this section:
(1) The Grant Officer must determine whether the policies or actions of any Local Board established under the authorty of the alternative entity provision of WIA section 117(i) and 20 CFR 661.330:
(i) Preclude One-Stop system participation by the applicant or existing NFJP grantee; or
(ii) For the prior program year, contributed to a failure to reach agreement on the terms of the MOU required under § 669.220; and
(2) If the Grant Officer's determinations under paragraph (d)(1) of this section are affirmative, then the Grant Officer may consider this fact when weighing the capacity of the competitors.
§ 669.210   How does an eligible entity become an NFJP grantee?
To become an NFJP grantee and receive a grant under this subpart, an applicant must respond to a Solicitation for Grant Applications (SGA). The SGA may contain additional requirements for the grant application or the grantee's two-year plan. Under the SGA, grantees will be selected using standard Federal Government competitive procedures. The entity's proposal must describe a two-year strategy for meeting the needs of eligible migrant and seasonal farmworkers in the geographic area the entity seeks to serve.
§ 669.220   What is the role of the NFJP grantee in the One-Stop delivery system?
(a) In those local workforce investment areas where the grantee operates its NFJP, the grantee is a required partner of the local One-Stop delivery system and is subject to the provisions relating to such partners described in 20 CFR part 662. Consistent with those provisions, the grantee and the Local Board must negotiate an MOU which meets the requirements of 20 CFR 662.300 and sets forth their respective responsibilities for making the full range of services available through the One-Stop system available to farmworkers. Where the Local Board is an alternative entity under 20 CFR 661.330, the NFJP grantee must negotiate with the Board on the terms of its MOU and the scope of its on-going role in the local workforce investment system, as specified in 20 CFR 661.310(b)(2). In local areas where the grantee does not operate its NFJP and there is a large concentration of MSFW's, the grantee may consider the availability of electronic connections and other means to participate in the One-stop system in that area, in order to serve those individuals.
(b) The MOU must provide for appropriate and equitable services to MSFW's, and may include costs of services to MSFW's incurred by the One-Stop that extend beyond Wagner-Peyser funded services and activities.
§ 669.230   Can an NFJP grantee's designation be terminated?
Yes, a grantee's designation may be terminated for cause:
(a) By the Secretary, in emergency circumstances when such action is necessary to protect the integrity of Federal funds or ensure the proper operation of the program. Any grantee so terminated will be provided with written notice and an opportunity for a hearing within 30 days after the termination (WIA sec. 184(e)); or
(b) By the Grant Officer, if there is a substantial or persistent violation of the requirements in the Act or the WIA regulations. In such a case, the Grant Officer must provide the grantee with 60 days prior written notice, stating the reasons why termination is proposed, and the applicable appeal procedures.
§ 669.240   How do we use funds appropriated under WIA section 167 for the NFJP?
(a) At least 94 percent of the funds appropriated each year for WIA section 167 activities must be allocated to State service areas, based on the distribution of the eligible MSFW population determined under a formula which has been published in the Federal Register. Grants are awarded under a competitive process for the provision of services to eligible farmworkers within each service area.
(b) The balance, up to 6 percent of the appropriated funds, will be used for discretionary purposes, for such activities as grantee technical assistance and support of farmworker housing activities.
§ 669.300   What are the general responsibilities of the NFJP grantees?
Each grantee is responsible for providing needed services in accordance with a service delivery strategy described in its approved grant plan. These services must reflect the needs of the MSFW population in the service area and include the services and training activities that are necessary to achieve each participant's employment goals.
§ 669.310   What are the basic components of an NFJP service delivery strategy?
The NFJP service delivery strategy must include:
(a) A customer-centered case management approach;
(b) The provision of workforce investment activities, which include core services, intensive services, and training services, as described in WIA section 134, as appropriate;
(c) The arrangements under the MOU's with the applicable Local Workforce Investment Boards for the delivery of the services available through the One-Stop system to MSFW's; and
(d) Related assistance services.
§ 669.320   Who is eligible to receive services under the NFJP?
Disadvantaged migrant and seasonal farmworkers, as defined in § 669.110, and their dependents are eligible for services funded by the NFJP.
§ 669.330   How are services delivered to the customer?
To ensure that all services are focused on the customer's needs, services are provided through a case-management approach and may include: Core, intensive and training services; and related assistance, which includes emergency assistance and supportive services. The basic services and delivery of case-management activities are further described at §§ 669.340 through 669.410. Consistent with 20 CFR part 663, before receiving intensive services, a participant must receive at least one core service, and, prior to receiving training services, a participant must receive at least one intensive service.
§ 669.340   What core services are available to eligible MSFW's?
The core services identified in WIA section 134(d)(2) are available to eligible MSFW's.
§ 669.350   How are core services delivered to MSFW's?
(a) The full range of core services are available to MSFW's, as well as other individuals, at One-Stop Centers, as described in 20 CFR part 662.
(b) Core services must be made available through the One-Stop delivery system. The delivery of core services to MSFW's, by the NFJP grantee and through the One-Stop system, must be discussed in the required MOU between the Local Board and the NFJP grantee.
§ 669.360   May grantees provide emergency assistance to MSFW's?
(a) Yes, Emergency Assistance (as defined in § 669.110) is a form of the related assistance that is authorized under WIA section 167(d) and may be provided by a grantee as described in the grant plan.
(b) In providing emergency assistance, the NFJP grantee may use an abbreviated eligibility determination process that accepts the applicant's self-attestation as final evidence of eligibility, except that self-attestation may not be used to establish the requirements of legal working status in the United States, and Selective Service registration, where applicable.
§ 669.370   What intensive services may be provided to eligible MSFW's?
(a) Intensive services available to farmworkers include those described in WIA section 134(d)(3)(C).
(b) Intensive services may also include:
(1) Dropout prevention activities;
(2) Allowance payments;
(3) Work experience, which:
(i) Is designed to promote the development of good work habits and basic work skills at the work-site (work experience may be conducted with the public and private non-profit sectors and with the private for-profit sector when the design for this service is described in the approved grant plan); and which:
(ii)(A) May be paid. Paid work experience must compensate participants at no less than the higher of the applicable State or Federal minimum wage; or
(B) May be unpaid. Unpaid work experience must provide tangible benefits, in lieu of wages, to those who participate in unpaid work experience and the strategy for ensuring that tangible benefits are received must be described in the approved grant plan. The benefits to the participant must be commensurate with the participant's contribution to the hosting organization;
(4) Literacy and English-as-a-Second language; and
(5) Other services identified in the approved grant plan.
§ 669.380   What is the objective assessment that is authorized as an intensive service?
(a) An objective assessment is a procedure designed to comprehensively assess the skills, abilities, and interests of each employment and training participant through the use of diagnostic testing and other assessment tools. The methods used by the grantee in conducting the objective assessment may include:
(1) Structured in-depth interviews;
(2) Skills and aptitude assessments;
(3) Performance assessments (for example, skills or work samples, including those that measure interest and capability to train in nontraditional employment);
(4) Interest or attitude inventories;
(5) Career guidance instruments;
(6) Aptitude tests; and
(7) Basic skills tests.
(b) The objective assessment is an ongoing process that requires the grantee staff to remain in close consultation with each participant to continuously obtain current information about the participant's progress that may be relevant to his/her Individual Employment Plan (IEP).
§ 669.400   What are the elements of the Individual Employment Plan that is authorized as an intensive service?
The elements of the Individual Employment Plan (IEP) are:
(a) Joint development: The grantee develops the IEP in partnership with the participant;
(b) Customer focus: The combination of services chosen with the participant must be consistent with the results of any objective assessment, responsive to the expressed goals of the participant, and must include periodic evaluation of planned goals and a record of accomplishments in consultation with the participant;
(c) Length/type of service: The type and duration of intensive or training services must be based upon:
(1) The employment/career goal;
(2) Referrals to other programs for specified activities; and
(3) The delivery agents and schedules for intensive services, training and training-related supportive services; and
(d) Privacy: As a customer-centered case management tool, an IEP is a personal record and must receive confidential treatment.
§ 669.410   What training services may be provided to eligible MSFW's?
(a) Training services include those described in WIA sections 134(d)(4)(D) and 167(d), and may be described in the IEP and may include:
(1) On-the-job training activities under a contract between the participating employer and the grantee;
(2) Training-related supportive services; and
(b) Other training activities identified in the approved grant plan such as training in self-employment skills and micro-enterprise development.
§ 669.420   What must be included in an on-the-job training contract?
At a minimum, an on-the-job training contract must comply with the requirements of WIA sections 195(4) and 101(31) and must include:
(a) The occupation(s) for which training is to be provided;
(b) The duration of training;
(c) The wage rate to be paid to the trainee;
(d) The rate of reimbursement;
(e) The maximum amount of reimbursement;
(f) A training outline that reflects the work skills required for the position;
(g) An outline of any other separate classroom training that may be provided by the employer; and
(h) The employer's agreement to maintain and make available time and attendance, payroll and other records to support amounts claimed by the employer for reimbursement under the OJT contract.
§ 669.430   What Related Assistance services may be provided to eligible farmworkers?
Related Assistance may include such services and activities as:
(a) Emergency Assistance;
(b) Workplace safety and farmworker pesticide safety instruction;
(c) Housing development assistance;
(d) Other supportive services described in the grant plan; and
(e) English language classes and basic education classes for participants not enrolled in intensive or training services.
§ 669.440   When may farmworkers receive related assistance?
Farmworkers may receive related assistance services when the need for the related assistance is documented for any eligible farmworker or dependent in a determination made by the grantee or in a statement by the farmworker.
§ 669.500   What performance measures and standards apply to the NFJP?
(a) The NFJP will use the core indicators of performance common to the adult and youth programs, described in 20 CFR part 666. The levels of performance for the farmworker indicators will be established in a negotiation between the Department and the grantee. The levels must take into account the characteristics of the population to be served and the economic conditions in the service area. Proposed levels of performance must be included in the grantee plan submission, and the agreed-upon levels must be included in the approved plan.
(b) We may develop additional performance indicators with appropriate levels of performance for evaluating programs that serve farmworkers and which reflect the State service area economy and local demographics of eligible MSFW's. The levels of performance for these additional indicators must be negotiated with the grantee and included in the approved plan.
§ 669.510   What planning documents must an NFJP grantee submit?
Each grantee receiving WIA section 167 program funds must submit to DSFP a comprehensive service delivery plan and a projection of participant services and expenditures covering the two-year designation cycle.
§ 669.520   What information is required in the NFJP grant plans?
An NFJP grantee's biennial plan must describe:
(a) The employment and education needs of the farmworker population to be served;
(b) The manner in which proposed services to farmworkers and their families will strengthen their ability to obtain or retain employment or stabilize their agricultural employment;
(c) The related assistance and supportive services to be provided and the manner in which such assistance and services are to be coordinated with other available services;
(d) The performance indicators and proposed levels of performance used to assess the performance of such entity, including the specific goals of the grantee's program for the two Program Years involved;
(e) The method the grantee will use to target its services on specific segments of the eligible population, as appropriate;
(f) The array of services which the grantee intends to make available, with costs specified on forms we prescribe. These forms will indicate how many participants the grantee expects to serve, by activity, the results expected under the grantee's plan, and the anticipated expenditures by cost category; and
(g) Its response to any other requirements set forth in the SGA issued under § 669.210.
§ 669.530   What are the submission dates for these plans?
We will announce plan submission dates in the SGA issued under § 669.220.
§ 669.540   Under what circumstances are the terms of the grantee's plan modified by the grantee or the Department?
(a) Plans must be modified to reflect the funding level for the second year of the designation cycle. We will provide instructions for when to submit modifications for second year funding, which will generally be no later than June 1 prior to the beginning of the second year of the designation cycle.
(b) We may unilaterally modify the grantee's plan to add funds or, if the total amount of funds available for allotment is reduced by Congress, to reduce each grantee's grant amount.
(c) The grantee may modify its plan to add, delete, expand, or reduce any part of the program plan or allowable activities. Such modifications may be made by the grantee without our approval except where the modification reduces the total number of participants to be served annually under intensive and/or training services by 15 percent or more, in which case the plan may only be modified with Grant Officer approval.
(d) If the grantee is approved for a regulatory waiver under §§ 669.560 and 669.570, the grantee must submit a modification of its service delivery plan to reflect the effect of the waiver.
§ 669.550   How are costs classified under the NFJP?
(a) Costs are classified as follows:
(1) Administrative costs, as defined in 20 CFR 667.220; and
(2) Program costs, which are all other costs not defined as administrative.
(b) Program costs must be classified and reported in the following categories:
(1) Related assistance, including emergency assistance and supportive services, including allocated staff costs; and
(2) All other program services, including allocated staff costs.
§ 669.555   Do the WIA administrative cost limits for States and local areas apply to NFJP grants?
No, under 20 CFR 667.210(b), limits on administrative costs for NFJP grants will be negotiated with the grantee and identified in the grant award document.
§ 669.560   Are there regulatory and/or statutory waiver provisions that apply to WIA section 167?
(a) The statutory waiver provision at WIA section 189(i) does not apply to WIA section 167.
(b) NFJP grantees may request waiver of any regulatory provisions only when such regulatory provisions are:
(1) Not required by WIA;
(2) Not related to wage and labor standards, nondisplacement protection, worker rights, participation and protection of workers and participants, and eligibility of participants, grievance procedures, judicial review, nondiscrimination, allocation of funds, procedures for review and approval of plans; and
(3) Not related to the key reform principles embodied in WIA, described in 20 CFR 661.400.
§ 669.570   What information is required to document a requested waiver?
To request a waiver, a grantee must submit a waiver plan that:
(a) Describes the goals of the waiver, the expected programmatic outcomes, and how the waiver will improve the provision of WIA activities;
(b) Is consistent with guidelines we establish and the waiver provisions at 20 CFR 661.400 through 661.420; and
(c) Includes a modified service delivery plan reflecting the effect of requested waiver.
§ 669.600   What is the purpose of the WIA section 167 MSFW Youth Program?
The purpose of the MSFW youth program is to provide an effective and comprehensive array of educational opportunities, employment skills, and life enhancement activities to at-risk and out-of-school MSFW youth that lead to success in school, economic stability and development into productive members of society.
§ 669.610   What is the relationship between the MSFW youth program and the NFJP authorized at WIA section 167?
The MSFW youth program is funded under WIA section 127(b)(1)(A)(iii) to provide farmworker youth activities under the auspices of WIA section 167. These funds are specifically earmarked for MSFW youth. Funds provided for the section 167 program may also be used for youth, but are not limited to this age group.
§ 669.620   How do the MSFW youth program regulations apply to the NFJP program authorized under WIA section 167?
(a) This subpart applies only to the administration of grants for MSFW youth programs funded under WIA section 127(b)(1)(A)(iii).
(b) The regulations for the NFJP in this part apply to the administration of the MSFW youth program, except as modified in this subpart.
§ 669.630   What are the requirements for designation as an “MSFW youth program grantee”?
Any entity that meets the requirements described in the SGA may apply for designation as an “MSFW youth program grantee” consistent with requirements described in the SGA. The Department gives special consideration to an entity in any service area for which the entity has been designated as a WIA section 167 NFJP program grantee.
§ 669.640   What is the process for applying for designation as an MSFW youth program grantee?
(a) To apply for designation as an MSFW youth program grantee, entities must respond to an SGA by submitting a plan that meets the requirements of WIA section 167(c)(2) and describes a two-year strategy for meeting the needs of eligible MSFW youth in the service area the entity seeks to serve.
(b) The designation process is conducted competitively (subject to § 669.210) through a selection process distinct from the one used to select WIA section 167 NFJP grantees.
§ 669.650   How are MSFW youth funds allocated to section 167 youth grantees?
The allocation of funds among entities designated as WIA section 167 MSFW Youth Program grantees is based on the comparative merits of the applications, in accordance with criteria set forth in the SGA. However, we may include criteria in the SGA that promote a geographical distribution of funds and that encourages both large- and small-scale programs.
§ 669.660   What planning documents and information are required in the application for MSFW youth grants and when must they be filed?
The required planning documents and other required information and the submission dates for filing are described in the SGA.
§ 669.670   Who is eligible to receive services under the section 167 MSFW youth program?
Disadvantaged youth, ages 14 through 21, who are individually eligible or are members of eligible families under the WIA section 167 NFJP may receive these services.
§ 669.680   What activities and services may be provided under the MSFW youth program?
(a) Based on an evaluation and assessment of the needs of MSFW youth participants, grantees may provide activities and services to MSFW youth that include:
(1) Intensive services and training services, as described in §§ 669.400 and 669.410;
(2) Life skills activities which may include self and interpersonal skills development;
(3) Community service projects;
(4) Small business development technical assistance and training in conjunction with entrepreneurial training;
(5) Supportive services including the related assistance services, described in § 669.430; and
(b) Other activities and services that conform to the use of funds for youth activities described in 20 CFR part 664.