The following definitions are applicable to section 402 programs.
Accrued expenditures shall mean total costs incurred during the
reporting period for: (a) Goods and other tangible property received;
(b) services performed by employees, contractors, subgrantees and other
payees; and (c) other amounts becoming owed under programs for which no
current services or performance is required such as annuities, insurance
claims, and other benefit payments.
Act shall mean the Job Training Partnership Act (29 U.S.C. 1501 et
seq.).
Allocation shall mean the amount of funds calculated in accordance
with Sec. 633.105(b)(1) for section 402 programs in each State and
distributed in accordance with the requirements of this part.
Chief, DFREP shall mean the Chief of the Division of Farmworker and
Rural Employment Programs in the Employment and Training Administration,
Department of Labor.
Construction shall mean the erection, installation, assembly, or
painting of a new structure or a major addition, expansion, or extension
of an existing structure, and the related site preparation, excavation,
filling and landscaping or other land improvements.
Department shall mean the United States Department of Labor (DOL),
including its agencies and organizational units.
DOL shall mean the United States Department of Labor.
Employment shall mean the situation wherein a person(s) provides
work or services for an employer for wages or salary. This includes
self-employment. The satisfaction of workfare requirements does not
constitute employment.
Entered employment shall mean the act of securing unsubsidized
employment for or by a participant. Seasonal agricultural placements
will not be considered as unsubsidized employment secured for or by a
participant for purposes of this definition unless it can be
substantiated that the placement represents an upgraded position within
agriculture and will not result in the continued underemployment of the
individual.
Entered employment, direct shall mean unsubsidized employment
secured for or by a participant after receiving direct placement
services not associated with training or subsidized employment.
Entered employment, indirect shall mean unsubsidized employment
secured for or by a participant after participation in training or
subsidized employment.
Family (a) shall mean one or more persons related by blood,
marriage, or adoption. A step-child or a step-parent is considered to be
related by marriage.
(b) (1) For purposes of paragraph (a) of this definition, a person
claimed as a dependent on another person's Federal Income Tax return for
the previous year is presumed to be part of the other person's family.
(2) A handicapped individual may be considered a family of one when
applying for programs under the Act.
(3) An individual 18 years of age or older, except as provided in
(a) or (b) above, who receives less than 50 percent of support from the
family, and who is not the principal earner nor the spouse of the
principal earner, is not considered a member of the family. Such an
individual is considered a family of one.
Family income shall mean all income received from all sources for
the eligibility determination period by persons who are family members
at the time of eligibility determination.
(a) For the purpose of determining eligibility (and not for
allocations), family income includes:
(1) Gross wages and salaries (before deductions);
(2) Net self-employment income (gross receipts minus operating
expenses); and
(3) Other money income received from sources such as net rents, Old
Age and Survivors Insurance, Social Security benefits, pensions,
alimony, periodic income from insurance policy annuities, and other
sources of income.
(b) Earned family income does not include:
(1) Non-cash income such as food stamps, or compensation received in
the form of food or housing;
(2) Rental value of owner-occupied property;
(3) Public assistance payments;
(4) Cash payments received pursuant to a State plan approved under
titles I,
IV, X or XVI of the Social Security Act, or disability insurance
payments received under title II of the Social Security Act;
(5) Federal, State or local unemployment benefits;
(6) Payments made to participants in employment and training
programs;
(7) Capital gains and losses;
(8) One-time unearned income, such as, but not limited to:
(i) Payments received for a limited fixed term under income
maintenance programs and supplemental (private) unemployment benefits
plans;
(ii) One-time or fixed-term scholarship and fellowship grants;
(iii) Accident, health, and casualty insurance proceeds;
(iv) Disability and death payments, including fixed term (but not
lifetime) life insurance annuities and death benefits;
(v) One-time awards and gifts;
(vi) Inheritance, including fixed term annuities;
(vii) Fixed-term workers' compensation awards;
(viii) Terminal leave pay;
(ix) Soil bank payments; and
(x) Agriculture crop stabilization payments.
(9) Pay or allowances received by any veteran while he/she was
serving on active duty in the Armed Forces;
(10) Educational assistance and compensation payments to veterans
and other eligible persons under chapters 11, 13, 31, 34, 35, and 36 of
title 38, United States Code;
(11) Payments received under the Trade Act of 1974 as amended;
(12) Black Lung payments received under the Benefits Reform Act of
1977, Pub. L. 95-239, 30 USC 901; and
(13) Child support payments.
Farmwork shall mean, for eligibility purposes, work performed for
wages in agricultural production or agricultural services as defined in
the most recent edition of the Standard Industrial Classification (SIC)
Code definitions included in industries 01--Agricultural Production--
Crops; 02--Agricultural Production--Livestock excluding 027--Animal
Specialties; 07--Agricultural Services excluding 074--Veterinary
Services, 0752--Animal Speciality Services, and 078--Landscape and
Horticultural Services.
Grantee shall mean any person, organization or other entity which
receives JTPA funds directly from the Department.
JTPA shall mean the Job Training Partnership Act.
Migrant farmworker shall mean a seasonal farmworker who performs or
has performed farmwork during the eligibility determination period (any
consecutive 12-month period within the 24-month period preceding
application for enrollment) which requires travel such that the worker
is unable to return to his/her domicile (permanent place of residence)
within the same day.
Participant shall mean an individual who is:
(a) Eligible for participation; and
(b) Enrolled within 45 days of eligibility determination; and
(c) Enrolled and receiving employment, training or services (except
post-termination services) funded under the Act.
Planning estimates shall mean the preliminary allocations announced
for the purpose of providing target funding levels for each State.
Program income shall mean net income earned from grant or agreement
supported activities. Such earnings include, but are not limited to:
income from service fees, sale of commodities, usage or rental fees, and
royalties on patents or copyrights.
Poverty level shall mean the annual income level at, or below which
families are considered to live in poverty, as annually determined by
HHS.
Seasonal farmworker shall mean a person who during the eligibility
determination period (any consecutive 12-month period within the 24-
month period preceding application for enrollment) was employed at least
25 days in farmwork or earned at least $400 in farmwork; and who has
been primarily employed in farmwork on a seasonal basis, without a
constant year round salary.
Section 402 programs shall mean the Migrant and Seasonal Farmworker
Program, under section 402 of title IV of the Job Training Partnership
Act.
The term subsidized employment shall mean employment created in the
private or public sector and in private nonprofit agencies financed by
the recipient's program funds or by other DOL funded programs, e.g.,
work experience and tryout employment.
Supplemental funds shall mean any funds allocated in excess of that
amount announced as a ``planning estimate.''
Target area shall mean a geographic area to be served by a section
402 grantee. Such an area may be a county, multicounty area, a State, or
a multistate area.
Target population shall mean farmworkers and their dependents who
meet the requirements of Sec. 633.107.
Underemployed persons shall mean:
(a) Persons who are working part-time but seeking full-time work; or
(b) Persons who are working full-time but whose current annualized
wage rate (for a family of one), or whose family's current annualized
income, is not in excess of:
(1) The poverty level, or
(2) 70 percent of the lower living standard income level.
Unemployed individuals shall mean individuals who are without jobs
and who want and are available for work. The determination of whether
individuals are without jobs shall be made in accordance with the
criteria used by the Bureau of Labor Statistics of the Department in
defining individuals as unemployed.
