§ 2912. — Migrant and seasonal farmworker programs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC2912]
TITLE 29--LABOR
CHAPTER 30--WORKFORCE INVESTMENT SYSTEMS
SUBCHAPTER IV--NATIONAL PROGRAMS
Sec. 2912. Migrant and seasonal farmworker programs
(a) In general
Every 2 years, the Secretary shall, on a competitive basis, make
grants to, or enter into contracts with, eligible entities to carry out
the activities described in subsection (d) of this section.
(b) Eligible entities
To be eligible to receive a grant or enter into a contract under
this section, an entity shall have an understanding of the problems of
eligible migrant and seasonal farmworkers (including dependents), a
familiarity with the area to be served, and the ability to demonstrate a
capacity to administer effectively a diversified program of workforce
investment activities (including youth activities) and related
assistance for eligible migrant and seasonal farmworkers.
(c) Program plan
(1) In general
To be eligible to receive a grant or enter into a contract under
this section, an entity described in subsection (b) of this section
shall submit to the Secretary a plan that describes a 2-year
strategy for meeting the needs of eligible migrant and seasonal
farmworkers in the area to be served by such entity.
(2) Contents
Such plan shall--
(A) identify the education and employment needs of the
population to be served and the manner in which the services to
be provided will strengthen the ability of the eligible migrant
and seasonal farmworkers and dependents to obtain or retain
unsubsidized employment or stabilize their unsubsidized
employment;
(B) describe the related assistance and supportive services
to be provided and the manner in which such assistance and
services are to be integrated and coordinated with other
appropriate services; and
(C) describe the indicators of performance to be used to
assess the performance of such entity in carrying out the
activities assisted under this section.
(3) Administration
Grants and contracts awarded under this section shall be
centrally administered by the Department of Labor and competitively
awarded by the Secretary using procedures consistent with standard
Federal Government competitive procurement policies.
(4) Competition
(A) In general
The competition for grants made and contracts entered into
under this section shall be conducted every 2 years.
(B) Exception
Notwithstanding subparagraph (A), if a recipient of such a
grant or contract has performed satisfactorily under the terms
of the grant agreement or contract, the Secretary may waive the
requirement for such competition for such recipient upon receipt
from the recipient of a satisfactory 2-year plan described in
paragraph (1) for the succeeding 2-year grant or contract
period. The Secretary may exercise the waiver authority of the
preceding sentence not more than once during any 4-year period
with respect to any single recipient.
(d) Authorized activities
Funds made available under this section and section
2852(b)(1)(A)(iii) of this title shall be used to carry out workforce
investment activities (including youth activities) and provide related
assistance for eligible migrant and seasonal farmworkers, which may
include employment, training, educational assistance, literacy
assistance, an English language program, worker safety training,
housing, supportive services, dropout prevention activities, followup
services for those individuals placed in employment, self-employment and
related business enterprise development education as needed by eligible
migrant and seasonal farmworkers and identified pursuant to the plan
required by subsection (c) of this section, and technical assistance
relating to capacity enhancement in such areas as management information
technology.
(e) Consultation with Governors and local boards
In making grants and entering into contracts under this section, the
Secretary shall consult with the Governors and local boards of the
States in which the eligible entities will carry out the activities
described in subsection (d) of this section.
(f) Regulations
The Secretary shall consult with eligible migrant and seasonal
farmworkers groups and States in establishing regulations to carry out
this section, including performance measures for eligible entities that
take into account the economic circumstances and demographics of
eligible migrant and seasonal farmworkers.
(g) Compliance with single audit requirements; related requirement
Grants and contracts entered into under this section shall be
subject to the requirements of chapter 75 of subtitle V of title 31
(enacted by the Single Audit Act of 1984) and charging of costs under
this section shall be subject to appropriate circulars issued by the
Office of Management and Budget.
(h) Definitions
In this section:
(1) Disadvantaged
The term ``disadvantaged'', used with respect to a farmworker,
means a farmworker whose income, for 12 consecutive months out of
the 24 months prior to application for the program involved, does
not exceed the higher of--
(A) the poverty line (as defined in section 334(a)(2)(B))
\1\ for an equivalent period; or
---------------------------------------------------------------------------
\1\ See References in Text note below.
---------------------------------------------------------------------------
(B) 70 percent of the lower living standard income level,
for an equivalent period.
(2) Eligible migrant and seasonal farmworkers
The term ``eligible migrant and seasonal farmworkers'' means
individuals who are eligible migrant farmworkers or are eligible
seasonal farmworkers.
(3) Eligible migrant farmworker
The term ``eligible migrant farmworker'' means--
(A) an eligible seasonal farmworker described in paragraph
(4)(A) whose agricultural labor requires travel to a job site
such that the farmworker is unable to return to a permanent
place of residence within the same day; and
(B) a dependent of the farmworker described in subparagraph
(A).
(4) Eligible seasonal farmworker
The term ``eligible seasonal farmworker'' means--
(A) a disadvantaged person who, for 12 consecutive months
out of the 24 months prior to application for the program
involved, has been primarily employed in agricultural labor that
is characterized by chronic unemployment or underemployment; and
(B) a dependent of the person described in subparagraph (A).
(Pub. L. 105-220, title I, Sec. 167, Aug. 7, 1998, 112 Stat. 1025; Pub.
L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 401(8)], Oct. 21,
1998, 112 Stat. 2681-337, 2681-411.)
References in Text
The Single Audit Act of 1984, referred to in subsec. (g), is Pub. L.
98-502, Oct. 19, 1984, 98 Stat. 2327, as amended, which is classified
generally to chapter 75 (Sec. 7501 et seq.) of Title 31, Money and
Finance. For complete classification of this Act to the Code, see Short
Title of 1984 Amendment note set out under section 7501 of Title 31 and
Tables.
Section 334, referred to in subsec. (h)(1)(A), is section 334 of
Pub. L. 105-220, which is set out as a note under section 2701 of this
title. However, section 334 does not contain a subsec. (a)(2)(B) and
does not define the term ``poverty line''. ``Poverty line'' is defined
for purposes of this chapter in section 2801 of this title.
Prior Provisions
Provisions similar to this section were contained in sections 1672
and 1673 of this title prior to repeal by Pub. L. 105-220.
Amendments
1998--Subsec. (d). Pub. L. 105-277 inserted ``and section
2852(b)(1)(A)(iii) of this title'' after ``this section''.
Section Referred to in Other Sections
This section is referred to in sections 2852, 2915, 2919 of this
title; title 20 section 1070d-2.
