Agricultural Career and Employment Grants Program, 69114-69119 [2011-29029]

Agencies

• DEPARTMENT OF AGRICULTURE

[Federal Register Volume 76, Number 216 (Tuesday, November 8, 2011)]
[Rules and Regulations]
[Pages 69114-69119]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29029]


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DEPARTMENT OF AGRICULTURE

Office of Advocacy and Outreach

7 CFR Part 2502

RIN 0503-AA49


Agricultural Career and Employment Grants Program

AGENCY: Office of Advocacy and Outreach, Departmental Management, USDA.

ACTION: Interim rule with request for comments.

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SUMMARY: Section 14204 of the Food, Conservation and Energy Act of 2008 
(2008 Farm Bill), authorizes the Secretary of Agriculture to make 
grants to assist agricultural employers and

[[Page 69115]]

farmworkers by improving the supply, stability, safety, and training of 
the agricultural labor force. Such grants may be made to eligible 
entities for use in providing services to assist farmworkers who are 
citizens or otherwise legally present in the United States in securing, 
retaining, upgrading, or returning from agricultural jobs. The 
Agriculture, Rural Development, Food and Drug Administration and 
Related Agencies Appropriations Act, 2010 (2010 Appropriations Act), 
included an appropriation of $4 million to the U.S. Department of 
Agriculture's (USDA) Rural Housing Service (RHS) for this program. The 
delegation of authority and funding for the program has since been 
transferred to the Office of Advocacy and Outreach (OAO), within 
Departmental Management of USDA. The purpose of this rulemaking is to 
establish regulations governing the grants program, including 
eligibility, application for, evaluation, award and post-award 
administration of grants made pursuant to the authority granted to the 
Secretary under Section 14204.

DATES: Comments on the interim rule must be received by the agency on 
or before December 8, 2011 to be assured of consideration.
    Comments on the collection of information, Paperwork Reduction Act, 
must be received by the agency on or before January 9, 2012 to be 
assured of consideration.

ADDRESSES: You may submit comments on the interim rule, identified by 
RIN 0503-AA49 by any of the following methods:
    Federal e-Rulemaking Portal: https://www.regulations.gov. Follow the 
instructions for submitting comments.
    Email: christine.chavez@osec.usda.gov. Include Regulatory 
Information Number (RIN) number 0503-AA49 in the subject line of the 
message.
    Fax: (202) 720-7136.
    Mail: Comments may be mailed to the Office of Advocacy and 
Outreach, U.S. Department of Agriculture, 1400 Independence Avenue, 
Room 520-A, Stop 9801, Washington DC 20250-9821.
    Hand Delivery/Courier: Office of Advocacy and Outreach, U.S. 
Department of Agriculture, 1400 Independence Avenue SW., Room 520-A, 
Washington DC 20250.
    Instructions: All submissions received must include the agency name 
and the RIN for this rulemaking. All comments received will be posted 
without change to https://www.regulations.gov, including any personal 
information provided.

FOR FURTHER INFORMATION CONTACT: Christine Chavez, Program Leader, 
Farmworker Coordination, Office of Advocacy and Outreach, U.S. 
Department of Agriculture, 1400 Independence Avenue SW., Stop 9801, 
Washington, DC 20250, Voice: (202) 205-4215, Fax: (202) 720-7136, 
Email: christine.chavez@osec.usda.gov.

SUPPLEMENTARY INFORMATION: 
    Effective Date: The Administrative Procedure Act (APA, 5 U.S.C. 
553) provides generally that before rules are issued by Government 
agencies, the rule must be published in the Federal Register, and the 
required publication of a substantive rule is to be not less than 30 
days before its effective date. One of the exceptions is when the 
agency finds good cause for not delaying the effective date. OAO finds 
that there is good cause to issue this policy as an interim rule. The 
hired agricultural labor force in the United States is characterized by 
considerable instability. The publication of this interim rule is 
necessary to assure the nation's ability to sustain the production and 
harvesting of agricultural products. Second, the Department has 
received several pieces of correspondence urging the Department to do 
everything possible to ensure that this important program is 
established properly and the funding is obligated to worthy recipients 
prior to a possible rescission. These letters, combined with other less 
formal interchanges with stakeholders, demonstrate a strong desire from 
external constituents to codify this grants program. OAO is concerned 
that any further administrative delays will negatively affect growers' 
ability to have access to a more skilled pool of farmworkers, and 
stability to this sector.

I. Background and Applicability of Regulations

Authority

    Section 14204 of the 2008 Farm Bill (Section 14204) authorizes the 
Secretary of Agriculture to make grants to assist agricultural 
employers and farmworkers by improving the supply, stability, safety, 
and training of the agricultural labor force. Such grants may be made 
to eligible entities for use in providing services to assist 
farmworkers who are citizens or otherwise legally present in the United 
States in securing, retaining, upgrading, or returning from 
agricultural jobs. The purpose of this rulemaking is to establish 
regulations governing the grants program, including eligibility, 
application for, evaluation, award and post-award administration of 
grants made pursuant to the authority granted to the Secretary under 
Section 14204. The 2010 Appropriations Act included an appropriation of 
$4 million to the U.S. Department of Agriculture's (USDA) Rural Housing 
Service (RHS) for this program, and the delegation of authority and 
funding for the program has since been transferred to the Office of 
Advocacy and Outreach (OAO), within Departmental Management of USDA. 
OAO has designated the program the Agricultural Career and Employment 
(ACE) Grants Program and it will be referred to as such hereafter.

Purpose of the ``ACE'' Grants Program

    As the title of Section 14204 of the 2008 Farm Bill suggests--
``Grants to Improve the Supply, Stability, Safety, and Training of 
Agricultural Labor Force''--the grants program authorized by this 
section is designed to address the needs of both agricultural employers 
and farmworkers with respect to the supply of skilled labor in American 
agriculture and the stability of employment in that sector. About 
800,000 hired farmworkers are employed in U.S. agriculture, with hired 
workers making up an estimated one-third of the total agricultural 
labor force. Particularly critical for labor-intensive sectors of 
agriculture, such as fruits and vegetables, the hired agricultural 
labor force in the United States is characterized by considerable 
instability. Among the hired workforce are large numbers of migrant and 
seasonal farmworkers, many of whom travel long distances to obtain 
employment, and often move from crop to crop as conditions warrant. 
See, A Profile of Hired Farmworkers, A 2008 Update, by William Kandel, 
U.S. Department of Agriculture, Economic Research Service available at 
https://www.ers.usda.gov/Publications/ERR60/err60_report summary.pdf.
    Despite this regular flow of workers, regional differences in 
crops, variations in harvest times, and unpredictable weather 
conditions mean that many growers complain of chronic labor shortages, 
while farmworkers frequently report it is difficult to locate 
employment or obtain sufficient hours of work to earn a living. 
Unemployment rates among farmworkers generally are double those of 
other wage and salaried workers and those working in field crops have 
twice the unemployment rate of livestock workers. Historically, the 
uncertainty farmworkers have faced as to the availability or duration 
of work, along with the low wages generally earned by hired farm 
laborers, has led to many employed in the agricultural labor sector to 
leave agriculture for employment in other industries. Because of high 
turnover rates in agricultural employment, it is estimated that 2.0 to 
2.5 individual

[[Page 69116]]

farmworkers fill each job slot in the course of a year. This phenomenon 
has lead to chronic instability in the labor market and a shortage of 
skilled and experienced workers.
    The ACE grants program is intended to improve the supply of skilled 
agricultural workers and bring greater stability to the workforce in 
this sector. This stability will be realized through services 
specifically designed to assist farmworkers in securing, retaining, 
upgrading or returning from an agricultural job. Such services include 
the following:
     Agricultural labor skills development;
     The provision of agricultural labor market information;
     Transportation;
     Short-term housing while in transit to an agricultural 
worksite;
     Workplace literacy and assistance with English as a second 
language;
     Health and safety instruction, including ways of 
safeguarding the food supply of the United States; and
     Other such services the Secretary deems appropriate.
    The training and services offered through the ACE grants program 
will benefit growers by contributing to the establishment of a more 
skilled pool of workers. Farmworkers who avail themselves of the 
training and the other services under the program should have enhanced 
employment opportunities, with the prospect of obtaining additional 
hours of work and pay or better paying positions on the farm and 
expanded promotional opportunities as a result of upgraded skills. 
Moreover, to the extent greater opportunities exist for farmworkers 
within the agricultural industry, hired farm laborers will have greater 
incentives to remain in agriculture and will be less likely to leave 
farm work for other occupations. Finally, training farmworkers in ways 
to safeguard the food supply of the United States is intended to 
benefit not only consumers, but to benefit growers and farmworkers 
alike by minimizing disruptions in the agricultural sector due to 
product contamination. Taken together, the listed services and program 
goals are intended to promote stability in the workforce and thereby 
improve the supply of skilled labor across U.S. agriculture.

II. Administrative Requirements for the Interim Final Rulemaking

A. Executive Orders 12866, 13563, and the Regulatory Flexibility Act

    The Office of Management and Budget (OMB) has determined that this 
rule is non-significant for the purposes of Executive Orders 12866 and 
13563 and, therefore, it has not been reviewed by OMB.
    We have prepared an economic analysis for this rule which is 
summarized below. The economic analysis provides a cost-benefit 
analysis, as required by Executive Orders 12866 and 13563, and an 
initial regulatory flexibility analysis that examines the potential 
economic effects of this interim rule on small entities, as required by 
the Regulatory Flexibility Act. Copies of the full analysis are 
available by contacting the person listed under FOR FURTHER INFORMATION 
CONTACT or on the Regulations.gov Web site (see ADDRESSES above for 
instructions for accessing Regulations.gov).
    The economic analysis outlines several benefits of this program. 
The program would provide agricultural employers with access to a more 
stable and skilled pool of farmworkers and would provide farmworkers 
with enhanced employment opportunities, such as additional hours of 
work, better terms and conditions of employment, training, an increase 
in wages, and more opportunity for advancement. Training farmworkers in 
ways to safeguard the food supply will benefit not only agricultural 
employers and farmworkers, but also consumers.
    The total cost of this program would be $4 million to taxpayers, 
most of which would be awarded as grants with a 15 percent maximum that 
could be used to administer the program.
    The initial Regulatory Flexibility Analysis addresses the expected 
impact of this program on small entities. It is expected that the 
majority of the entities eligible for grants will be small. However, 
OAO does not expect this rule to have a significant economic impact on 
a substantial number of small entities.

C. Paperwork Reduction Act (PRA)

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection or 
recordkeeping requirements included in this interim rule have been 
submitted for approval to the Office of Management and Budget (OMB). 
Please send written comments to the Office of Information and 
Regulatory Affairs, OMB, Attention: Desk Officer for Departmental 
Management, Washington, DC 20503. Please state that your comments refer 
to Docket No. (Insert docket No.). Please send a copy of your comments 
to: (1) Christine Chavez, Program Leader, Farmworker Coordination, 
Office of Advocacy and Outreach, U.S. Department of Agriculture, 1400 
Independence Avenue SW, Stop 9801, Washington, DC 20250, Fax: (202) 
720-7136 Email: christine.chavez@osec.usda.gov. (2) Clearance Officer, 
OCIO, USDA, room 404-W, 14th Street and Independence Avenue SW., 
Washington, DC 20250. A comment to OMB is best assured of having its 
full effect if OMB receives it within 30 days of publication of this 
interim rule.
    This interim rule would allow USDA to make grants to assist 
agricultural employers and farmworkers by improving the supply, 
stability, safety, and training of the agricultural labor force.
    OAO is asking OMB to approve its use of this information collection 
activity to ensure that it will maximize the utility of information 
which is created, collected and maintained and minimize both the burden 
imposed on entities seeking to participate in the program as well as 
costs to the Federal government.
    OAO is soliciting comments from the public concerning OAO's 
proposed information collection and recordkeeping requirements. These 
comments will help OAO:
    (1) Evaluate whether the proposed information collection is 
necessary for the proper performance of our agency's functions, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of OAO's estimate of the burden on the 
proposed information collection, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology; e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 2.8 hours per response.
    (1) Respondents: Not-for-profit institutions or a consortium which 
includes a non-profit organization(s) and one or more of the following: 
Agribusinesses, State and local governments, agricultural labor 
organizations, Estimated annual number of respondents: 20 Estimated 
annual number of responses per respondent: 3 (average] Estimated annual 
number of responses: [65] Estimated total annual burden on respondents: 
2 hours (Due to averaging,

[[Page 69117]]

the total annual burden hours may not equal the product of the annual 
number of responses multiplied by the reporting burden per response.)
    Copies of this information collection can be obtained from 
Christine Chavez, Program Leader, Farmworker Coordination, Office of 
Advocacy and Outreach, U.S. Department of Agriculture, 1400 
Independence Avenue SW, Stop 9801, Washington, DC 20250, Email: 
christine.chavez@osec.usda.gov.
E-Government Act Compliance
    The Office of Advocacy and Outreach is committed to compliance with 
the E-Government Act to promote the use of the Internet and other 
information technologies, to provide increased opportunities for 
citizen access to Government information and services, and for other 
purposes. For information pertinent to E-Government Act compliance 
related to this interim final rule, please contact Christine Chavez, 
Program Leader, Farmworker Coordination, Office of Advocacy and 
Outreach, U.S. Department of Agriculture, 1400 Independence Avenue SW, 
Stop 9801, Washington, DC 20250, Email: christine.chavez@osec.usda.gov.

D. Catalog of Federal Domestic Assistance

    This interim rule applies to the following Federal assistance 
program administered by the Office of Advocacy and Outreach: 10.465, 
Farmworker Training Grants.

E. The National Environmental Policy Act of 1969

    The Department concludes that the requirements of the National 
Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq (NEPA) do not 
apply to this rulemaking because this rule includes no provisions 
impacting the maintenance, preservation or enhancement of a healthful 
environment.

F. Federal Regulations and Policies on Families

    Pursuant to the requirements of Section 654 of the Treasury and 
general Government Appropriations Act of 1999, 5 U.S.C. 601 note, the 
Department concludes this regulation has no potential negative effect 
on family well-being as defined thereunder.

G. Executive Order 13045: Protection of Children From Environmental and 
Safety Risk

    The Department concludes that this interim rule has no negative 
effect on the health and safety of children.

H. Unfunded Mandates Reform Act of 1995 and Executive Order 13132

    Pursuant to Executive Order No. 13132, 64 FR 43225 (August 10, 
1999) and the Unfunded Mandates Act of 1995, 2 U.S.C. 1501 et seq., the 
Department concludes there is no potential or substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. As there is no 
Federal mandate contained herein that could result in increased 
expenditures by State, Local, and tribal governments or by the private 
sector, the Department has not prepared a budgetary impact statement.

I. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    In accordance with Executive Order 13175, 65 FR 67249 (Nov. 9, 
2000), the Department concludes this rule, as proposed, does not have 
``tribal implications'' nor substantial direct effects on one or more 
Indian tribes, on the relationship between the Federal government and 
Indian Tribes, or on the distribution of power and responsibilities 
between the Federal government and Indian tribes.

J. Executive Order 12988: Civil Justice Reform

    This interim rule has been reviewed in accordance with Executive 
Order 12988, Civil Justice Reform. This rule would not preempt State or 
local laws, is not intended to have retroactive effect, and would not 
involve administrative appeals.

K. Executive Order 13132: Federalism

    This interim rule would not have sufficient federalism implications 
to warrant the preparation of a Federalism Assessment. Provisions of 
this rule would not have a substantial direct effect on States or their 
political subdivisions or on the distribution of power and 
responsibilities among the various government levels.

L. Executive Order 12372: Intergovernmental Review of Federal Programs

    For the reasons set forth in the Final Rule Related Notice for 7 
CFR part 3015, subpart V (48 FR 29115, June 24, 1983), this program is 
excluded from the scope of the Executive Order 12372, which requires 
intergovernmental consultation with State and local officials. This 
program does not directly affect State and local governments.

List of Subjects in 7 CFR Part 2502

    Agricultural labor, Agricultural employers, Farmworkers, Grants, 
Training.

    For the reasons discussed in the preamble, the Office of Advocacy 
and Outreach, Departmental Management, amends chapter XXV of title 7 of 
the Code of Federal Regulations by adding part 2502 to read as follows:

PART 2502--AGRICULTURAL CAREER AND EMPLOYMENT (ACE) GRANTS PROGRAM

Subpart A--General Information
Sec.
2502.1 Applicability of regulations.
2502.2 Definitions.
2502.3 Deviations.
Subpart B--Program Eligibility, Services and Delivery
2502.4 Program eligibility.
2502.5 Program benefits and services.
2502.6 Recipients of program benefits or services.
2502.7 Responsibilities of grantees.

Subpart C--Grant Applications and Administration

2502.8 Pre-award, award, and post-award procedures and 
administration of grants.

    Authority:  7 U.S.C. 2008q-1.

Subpart A: General Information


Sec.  2502.1  Applicability of regulations.

    (a) This part contains program-specific definitions for the ACE 
Grants Program.
    (b) Subpart B establishes the criteria to be used in determining 
eligibility for an ACE grant award and the requirements for the 
delivery of program benefits and services, including who is considered 
eligible to receive such benefits and services and what the 
responsibilities are of ACE grantees.
    (c) Subpart C establishes that, unless otherwise provided herein, 
the procedures for applying for ACE grants, the processes to be 
followed by OAO in evaluating grant proposals and awarding program 
funds, and the procedures for post-award administration of ACE grants 
are those set forth in a rule proposed ON DATE to codify provisions at 
7 CFR part 2500, subparts A, B, C, D, and E.


Sec.  2502.2  Definitions.

    As used in this part (unless otherwise indicated):
    Agency means the Office of Advocacy and Outreach (OAO), an agency 
of the United States Department of Agriculture (USDA) or a successor 
agency.
    Agricultural Employer means any person or entity which employs, as

[[Page 69118]]

defined in the Migrant and Seasonal Agricultural Worker Protection Act, 
29 U.S.C. 1802, individuals engaged in agricultural employment and may 
include farmers, ranchers, dairy operators, agricultural cooperatives, 
and farm labor contractors.
    Agricultural Employment means any service or activity as defined in 
the Migrant and Seasonal Agricultural Worker Protection Act, 29 U.S.C. 
1802, including any activity defined as ``agriculture'' in Section 3(f) 
or the Fair Labor Standards Act of 1938, 29 U.S.C. 203(f), any activity 
defined as ``agricultural labor'' in 26 U.S.C. 3121(g) (the Internal 
Revenue Code); as well as the handling, planting, drying, packing, 
packaging, processing, freezing, or grading prior to delivery for 
storage of any agricultural or horticultural commodity in its 
unmanufactured state. Authorized Departmental Officer (ADO) means the 
individual, acting within the scope of delegated authority, who is 
responsible for executing and administering awards on behalf of the 
U.S. Department of Agriculture.
    Community-based organization means a non-governmental organization 
with a well-defined constituency that includes all or part of a 
particular community.
    Consortium means a group formed by entities with similar goals and 
objectives for the purpose of pooling resources to undertake a project 
that would otherwise be reasonably beyond the capabilities of any one 
member.
    Eligible entity, as described in section 379C(a) of the 
Consolidated Farm and Rural Development Act (7 U.S.C. 2008q(a)), means 
a non-profit organization, or a consortium of nonprofit organizations, 
agribusinesses, State and local governments, agricultural labor 
organizations, farmer or rancher cooperatives, and community-based 
organizations with the capacity to train farm workers.
    Farmworker means an individual hired to perform agricultural 
employment, including migrant, seasonal, and hired family farm workers. 
The term farmworker includes individuals who are not currently employed 
as a farmworker but who are actively seeking work as such. The term 
does not include agricultural employers or individuals who are self-
employed.
    Grantee means the organization designated in the grant award 
document as the responsible legal entity to which a grant is awarded.
    Legally present in the United States shall have the same meaning as 
the term ``lawfully present'' in the United States as defined at 8 CFR 
103.12(a) (addressing eligibility for Title II Social Security benefits 
under Pub. L. 104-193).
    Notice of Funding Availability (NOFA) means a notice published in 
the Federal Register announcing the availability of money for the 
grants program which lists the application deadlines, eligibility 
requirements and locations where interested parties can get help in 
applying.
    Office of Advocacy and Outreach (OAO) means the Office of Advocacy 
and Outreach, an office within the USDA's Departmental Management.
    Request for Proposal (RFP) refers to a grant competition and is 
used interchangeably with the phrase grant application notice and 
solicitation for grant applications (SFA).
    Retaining an agricultural job means continuing agricultural 
employment, including upgraded employment.
    Returning from an agricultural job means returning to a home area 
from a position in agricultural employment.
    Secretary means the Secretary of Agriculture and any other officer 
or employee of the United States Department of Agriculture to whom the 
authority involved is delegated.
    Securing an agricultural job means obtaining agricultural 
employment.
    State means any of the States of the United States, the District of 
Columbia, the Virgin Islands, the Commonwealth of Puerto Rico, and 
Guam.
    United States worker (U.S. worker) shall have the same meaning as 
the term U.S. worker defined by the Department of Labor at 20 CFR 
655.4.
    Upgrading an agricultural job means advancement to a position in 
agricultural employment which offers more hours of work and/or better 
terms and conditions of employment and/or an increase in wages.


Sec.  2502.3  Deviations.

    Any request by the applicant or grantee for a waiver or deviation 
from any provision of this part shall be submitted to the ADO 
identified in the agency specific requirements. OAO shall review the 
request and notify the applicant/grantee whether the request to deviate 
has been approved within 30 calendar days from the date of receipt of 
the deviation request. If the deviation request is still under 
consideration at the end of 30 calendar days, OAO shall inform the 
applicant/grantee in writing of the date when the applicant/grantee may 
expect the decision.

Subpart B--Program Eligibility, Services and Delivery


Sec.  2502.4.  Program eligibility.

    (a) Entities eligible to apply for and receive a grant under this 
part include:
    (1) A non-profit organization;
    (2) A consortium of nonprofit organizations; or
    (3) A consortium which includes a non-profit organization(s) and 
one or more of the following: agribusinesses, State and local 
governments, agricultural labor organizations, farmer or rancher 
cooperatives, and community-based organizations with the capacity to 
train farm workers.
    (b) Additional information about eligible entities may be included 
in the RFP. In addition, the RFP will specify the criteria by which an 
entity's capacity to train farm workers will be evaluated, but at a 
minimum, the entity shall be required to demonstrate that it has:
    (1) An understanding of the issues facing hired farmworkers and 
conditions under which they work;
    (2) Familiarity with the agricultural industry in the geographic 
area to be served, including agricultural labor needs and existing 
services for farmworkers; and
    (3) The capacity to effectively administer a program of services 
and benefits authorized by the ACE program.
    (c) An applicant will be required to submit information to OAO, as 
specified in the RFP and/or FOA as part of the grant application.


Sec.  2502.5  Program benefits and services.

    (a) The ACE grants program will be centrally administered by the 
USDA in a manner consistent with these regulations, as well as the 
pertinent requirements of 7 CFR part 3015, 7 CFR part 3016, 7 CFR part 
3018, 7 CFR part 3019 and 7 CFR 3052.
    (b) The Office of Advocacy and Outreach (OAO) has been designated 
as the organizational unit responsible for administering the ACE 
program, including, among other things, determining the number and 
amount of grants to be awarded, the purposes for the grants to be 
awarded, as well as the criteria for the evaluation and award of 
grants.
    (c) Services and benefits provided under the ACE grants program are 
limited to those which will assist eligible farmworkers in securing, 
retaining, upgrading or returning from agricultural jobs.
    (d) Such services will include the following:
    (1) Agricultural labor skills development
    (2) Provision of agricultural labor market information:
    (3) Transportation:
    (4) Short-term housing while in transit to an agricultural 
worksite;
    (5) Workplace literacy and assistance with English as a second 
language;

[[Page 69119]]

    (6) Health and safety instruction, including ways of safeguarding 
the food supply of the United States;
    (7) Such other services as the Secretary deems appropriate.
    (e) Grant funds shall not be used to deliver or replace any 
services or benefits which an agricultural employer, association, 
contractor, or any other entity is legally obliged to provide.


Sec.  2502.6  Recipients of program benefits or services.

    (a) Those eligible to receive program services or benefits under 
the ACE program are farmworkers who meet the definition of ``United 
States Workers'' as set forth in Sec.  2502.2 of this part.
    (b) Grantees shall be responsible for verifying the employment of 
farmworkers who are actively employed and are seeking to participate in 
program services or benefits. Unemployed farmworkers seeking to 
participate shall be required to certify to grantees that they are 
eligible for program services and benefits as provided herein. 
Additional eligibility requirements may be included in the RFP.


Sec.  2502.7  Responsibilities of grantees

    Each grantee is responsible for providing services and/or benefits 
authorized by this program in accord with a service delivery strategy 
described in its approved grant plan. The services must reflect the 
needs of the relevant farmworker population in the area to be served 
and be consistent with the goals of assisting farmworkers in securing, 
retaining, upgrading, or returning from agricultural jobs. The 
necessary components of a service delivery strategy and grant plan will 
be fully set forth in an RFP but the plan shall include, at a minimum, 
the following:
    (a) The employment and education needs of the farmworker population 
to be served;
    (b) The manner in which the proposed services to be delivered will 
assist agricultural employers and farmworkers in securing, retaining, 
upgrading or returning from agricultural jobs;
    (c) The manner in which the proposed services will be coordinated 
with other available services;
    (d) The number of participants the grantee expects to serve for 
each service provided, the results expected and the anticipated 
expenditures for each category of service.

Subpart C--Grant Applications and Administration


Sec.  2502.8  Pre-award, award, and post-award procedures and 
administration of grants.

    (a) Unless otherwise provided in this rule, the requirements 
governing pre-award solicitation and submission of proposals and/or 
applications, the review and evaluation of such, the award of grant 
funds, and post-award and close-out procedures are those set forth at 7 
CFR part 2500, subparts A, B, C, D, and E.
    (b) For purposes of the ACE Grants Program, the provisions of 
Subpart E, at 7 CFR 2500.49, ``Prior Approvals,'' shall not apply. In 
lieu of that provision, the following requirements shall apply: 
Awardees may not subcontract more than 20 percent of the award to other 
parties without prior written approval of the ADO. To request approval, 
a justification for the proposed subcontract, a performance statement, 
and a detailed budget for the subcontract must be submitted in writing 
to the ADO.

    Signed in Washington, DC, on November 3, 2011.
Pearlie Reed,
Assistant Secretary for Administration for the Office of the Secretary.
[FR Doc. 2011-29029 Filed 11-7-11; 8:45 am]
BILLING CODE 3412-89-P