Final Rule 20 CFR Part 669

[Federal Register: August 11, 2000 (Volume 65, Number 156)]

[Rules and Regulations]

[Page 49293-49342]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr11au00-7]

PART 669--NATIONAL FARMWORKERS JOBS PROGRAM UNDER TITLE I OF THE

WORKFORCE INVESTMENT ACT

Subpart A--Purpose and Definitions

Sec.

669.100 What is the purpose of the National Farmworker Jobs Program

(NFJP) and the other services and activities established under WIA

section 167?

669.110 What definitions apply to this program?

669.120 How do we administer the NFJP program?

669.130 What unit within the Department administers the National

Farmworker Jobs Program funded under WIA section 167?

669.140 How does the Division of Seasonal and Farmworker Programs

(DSFP) assist the MSFW grantee organizations to serve farmworker

customers?

669.150 How are regulations established for this program?

669.160 How do we consult with NFJP organizations in developing

rules, regulations and standards of accountability, and other policy

guidance for the NFJP?

669.170 What WIA regulations apply to the programs funded under WIA

section 167?

Subpart B--The Service Delivery System for the National Farmworker Jobs

Program

669.200 Who is eligible to receive an NFJP grant?

669.210 How does an eligible entity become an NFJP grantee?

669.220 What is the role of the NFJP grantee in the One-Stop

delivery system?

669.230 Can an NFJP grantee's designation be terminated?

669.240 How will we use funds appropriated under WIA section 167

for the NFJP?

Subpart C--The National Farmworker Jobs Program Customers and Available

Program Services

669.300 What are the general responsibilities of the NFJP grantees?

669.310 What are the basic components of an NFJP service delivery

strategy?

669.320 Who is eligible to receive services under the NFJP?

669.330 How are services delivered to the customer?

669.340 What core services are available to eligible MSFW's?

669.350 How are core services delivered to MSFW's?

669.360 May grantees provide emergency assistance to MSFW's?

669.370 What intensive services may be provided to eligible MSFW's?

669.380 What is the objective assessment that is authorized as an

intensive service?

669.400 What are the elements of the Individual Employment Plan

that is authorized as an intensive service?

669.410 What training services may be provided to eligible MSFW's?

669.420 What must be included in an on-the-job training contract?

669.430 What Related Assistance services may be provided to

eligible farmworkers?

669.440 When may farmworkers receive related assistance?

Subpart D--Performance Accountability, Planning and Waiver Provision

669.500 What performance measures and standards apply to the NFJP?

669.510 What planning documents must an NFJP grantee submit?

669.520 What information is required in the NFJP grant plans?

669.530 What are the submission dates for these plans?

669.540 Under what circumstances are the terms of the grantee's

plan modified by the grantee or the Department?

669.550 How are costs classified under the NFJP?

669.555 Do the WIA administrative cost limits for States and local

areas apply to NFJP grants?

669.560 Are there regulatory and/or statutory waiver provisions

that apply to WIA section 167?

669.570 What information is required to document a requested

waiver?

Subpart E--The MSFW Youth Program

669.600 What is the purpose of the WIA section 167 MSFW Youth

Program?

669.610 What is the relationship between the MSFW youth program and

the NFJP authorized at WIA section 167?

669.620 How do the MSFW youth program regulations apply to the NFJP

authorized under WIA section 167?

669.630 What are the requirements for designation as an ``MSFW

youth program grantee''?

669.640 What is the process for applying for designation as an MSFW

youth program grantee?

669.650 How are MSFW youth funds allocated to section 167 youth

grantees?

669.660 What planning documents and information are required in the

application for MSFW youth grants and when must they be filed?

669.670 Who is eligible to receive services under the section 167

MSFW youth program?

669.680 What activities and services may be provided under the MSFW

youth program?

Authority: Section 506(c), Pub. L. 105-220; 20 U.S.C. 9276(c).

Subpart A--Purpose and Definitions

Sec. 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;

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.

Sec. 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 Sec. 669.210, we designate grantees using procedures

consistent with standard Federal government competitive procedures. We

award other grants and contracts using similar competitive procedures.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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;

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.

Subpart B--The Service Delivery System for the National Farmworker

Jobs Program

Sec. 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.

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 Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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 withwritten 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.

Sec. 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.

Subpart C--The National Farmworker Jobs Program Customers and

Available Program Services

Sec. 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.

Sec. 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;

Workforce Investment Boards for the delivery of the services available

through the One-Stop system to MSFW's; and

(d) Related assistance services.

Sec. 669.320 Who is eligible to receive services under the NFJP?

Disadvantaged migrant and seasonal farmworkers, as defined in

Sec. 669.110, and their dependents are eligible for services funded by

the NFJP.

Sec. 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 Secs. 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.

Sec. 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.

Sec. 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.

Sec. 669.360 May grantees provide emergency assistance to MSFW's?

(a) Yes, Emergency Assistance (as defined in Sec. 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.

Sec. 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.

Sec. 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).

Sec. 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;

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.

Sec. 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.

Sec. 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;

(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.

Sec. 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;

(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.

Sec. 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.

Subpart D--Performance Accountability, Planning and Waiver

Provision

Sec. 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.

Sec. 669.510 What planning documents must a 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.

Sec. 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;

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 Sec. 669.210.

Sec. 669.530 What are the submission dates for these plans?

We will announce plan submission dates in the SGA issued under

Sec. 669.220.

Sec. 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.

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

Secs. 669.560 and 669.570, the grantee must submit a modification of

its service delivery plan to reflect the effect of the waiver.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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

of requested waiver.

Subpart E--The MSFW Youth Program

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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

Sec. 669.210) through a selection process distinct from the one used to

select WIA section 167 NFJP grantees.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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

Secs. 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 Sec. 669.430; and

(b) Other activities and services that conform to the use of funds

for youth activities described in 20 CFR part 664.