29 U.S.C. § 3222 — Migrant and seasonal farmworker pro-

Page 911 TITLE 29—LABOR § 3222 (C) $507,000 for fiscal year 2017; (D) $518,000 for fiscal year 2018; (E) $530,000 for fiscal year 2019; and (F) $542,000 for fiscal year 2020. (Pub. L. 113–128, title I, § 166, July 22, 2014, 128 Stat. 1560; Pub. L. 114–95, title IX, § 9215(yyy)(4), Dec. 10, 2015, 129 Stat. 2192; Pub. L. 117–286, § 4(a)(192), Dec. 27, 2022, 136 Stat. 4327.) Editorial Notes REFERENCES IN TEXT The Indian Self-Determination and Education Assist- ance Act, referred to in subsecs. (a)(2) and (b)(2), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was classified principally to subchapter II (§ 450 et seq.) of chapter 14 of Title 25, Indians, prior to editorial reclassification as chapter 46 (§ 5301 et seq.) of Title 25. Section 4 of the Act was classified to section 450b of Title 25 prior to editorial reclassification as section 5304 of Title 25. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 25 and Tables. Section 1671 of this title, referred to in subsec. (d)(2)(B), was repealed by Pub. L. 105–220, title I, § 199(b)(2), Aug. 7, 1998, 112 Stat. 1059, effective July 1, 2000. The Indian Employment, Training and Related Serv- ices Demonstration Act of 1992, referred to in subsec. (f), is Pub. L. 102–477, Oct. 23, 1992, 106 Stat. 2302, which is classified generally to chapter 36 (§ 3401 et seq.) of Title 25, Indians. The Act was renamed the Indian Em- ployment, Training and Related Services Act of 1992 by Pub. L. 115–93, § 2, Dec. 18, 2017, 131 Stat. 2026. For com- plete classification of this Act to the Code, see Short Title note set out under section 3401 of Title 25 and Ta- bles. This Act, referred to in subsec. (g)(1), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, known as the Work- force Innovation and Opportunity Act, which enacted this chapter, repealed chapter 30 (§ 2801 et seq.) of this title and chapter 73 (§ 9201 et seq.) of Title 20, Edu- cation, and made amendments to numerous other sec- tions and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. AMENDMENTS 2022—Subsec. (i)(4)(G). Pub. L. 117–286 substituted ‘‘Section 1013 of title 5’’ for ‘‘Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.)’’. 2015—Subsec. (b)(3). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7517 of title 20. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. EFFECTIVE DATE Section effective on the first day of the first full pro- gram year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title. § 3222. Migrant and seasonal farmworker pro- grams (a) In general Every 4 years, the Secretary shall, on a com- petitive basis, make grants to, or enter into con- tracts with, eligible entities to carry out the ac- tivities described in subsection (d). (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 eligi- ble migrant and seasonal farmworkers (includ- ing dependents), a familiarity with the area to be served, and the ability to demonstrate a ca- pacity to administer and deliver effectively a di- versified program of workforce investment ac- tivities (including youth workforce investment activities) and related assistance for eligible mi- grant 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) shall submit to the Secretary a plan that describes a 4-year strat- egy 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) describe the population to be served and 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 mi- grant and seasonal farmworkers and depend- ents to obtain or retain unsubsidized em- ployment, or stabilize their unsubsidized employment, including upgraded employ- ment in agriculture; (B) describe the related assistance and sup- portive services to be provided and the man- ner in which such assistance and services are to be integrated and coordinated with other appropriate services; (C) describe the performance account- ability measures to be used to assess the per- formance of such entity in carrying out the activities assisted under this section, which shall include the expected levels of perform- ance for the primary indicators of perform- ance described in section 3141(b)(2)(A) of this title; (D) describe the availability and accessi- bility of local resources, such as supportive services, services provided through one-stop delivery systems, and education and train- ing services, and how the resources can be made available to the population to be served; and (E) describe the plan for providing services under this section, including strategies and systems for outreach, career planning, as- sessment, and delivery through one-stop de- livery systems. (3) Agreement on adjusted levels of perform- ance The Secretary and the entity described in subsection (b) shall reach agreement on the levels of performance for each of the primary indicators of performance described in section 3141(b)(2)(A) of this title, taking into account economic conditions, characteristics of the in- Page 912 TITLE 29—LABOR § 3223 dividuals served, and other appropriate fac- tors, and using, to the extent practicable, the statistical adjustment model under section 3141(b)(3)(A)(viii) of this title. The levels agreed to shall be the adjusted levels of per- formance and shall be incorporated in the pro- gram plan. (4) 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. (d) Authorized activities Funds made available under this section and section 3162(a)(1) of this title shall be used to carry out workforce investment activities (in- cluding youth workforce investment activities) and provide related assistance for eligible mi- grant and seasonal farmworkers, which may in- clude— (1) outreach, employment, training, edu- cational assistance, literacy assistance, English language and literacy instruction, pesticide and worker safety training, housing (including permanent housing), supportive services, and school dropout prevention and recovery activities; (2) followup services for those individuals placed in employment; (3) self-employment and related business or micro-enterprise development or education as needed by eligible individuals as identified pursuant to the plan required by subsection (c); (4) customized career and technical edu- cation in occupations that will lead to higher wages, enhanced benefits, and long-term em- ployment in agriculture or another area; and (5) technical assistance to improve coordina- tion of services and implement best practices relating to service delivery through one-stop delivery systems. (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). (f) Regulations The Secretary shall consult with eligible mi- grant and seasonal farmworkers groups and States in establishing regulations to carry out this section, including regulations relating to how economic and demographic barriers to em- ployment of eligible migrant and seasonal farm- workers should be considered and included in the negotiations leading to the adjusted levels of performance described in subsection (c)(3). (g) Compliance with single audit requirements; related requirement Grants made and contracts entered into under this section shall be subject to the requirements of chapter 75 of subtitle V of title 31, and charg- ing of costs under this section shall be subject to appropriate circulars issued by the Office of Management and Budget. (h) Funding allocation From the funds appropriated and made avail- able to carry out this section, the Secretary shall reserve not more than 1 percent for discre- tionary purposes, such as providing technical as- sistance to eligible entities. (i) Definitions In this section: (1) Eligible migrant and seasonal farmworkers The term ‘‘eligible migrant and seasonal farmworkers’’ means individuals who are eligi- ble migrant farmworkers or are eligible sea- sonal farmworkers. (2) Eligible migrant farmworker The term ‘‘eligible migrant farmworker’’ means— (A) an eligible seasonal farmworker de- scribed in paragraph (3)(A) whose agricul- tural 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 de- scribed in subparagraph (A). (3) Eligible seasonal farmworker The term ‘‘eligible seasonal farmworker’’ means— (A) a low-income individual who— (i) for 12 consecutive months out of the 24 months prior to application for the pro- gram involved, has been primarily em- ployed in agricultural or fish farming labor that is characterized by chronic un- employment or underemployment; and (ii) faces multiple barriers to economic self-sufficiency; and (B) a dependent of the person described in subparagraph (A). (Pub. L. 113–128, title I, § 167, July 22, 2014, 128 Stat. 1564.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first full pro- gram year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title. § 3223. Technical assistance (a) General technical assistance (1) In general The Secretary shall ensure that the Depart- ment has sufficient capacity to, and does, pro- vide, coordinate, and support the development of, appropriate training, technical assistance, staff development, and other activities, in- cluding— (A) assistance in replicating programs of demonstrated effectiveness, to States and lo- calities; (B) the training of staff providing rapid re- sponse services; (C) the training of other staff of recipients of funds under this subchapter, including the staff of local boards and State boards; (D) the training of members of State boards and local boards;