[Federal Register Volume 64, Number 221 (Wednesday, November 17, 1999)]
[Notices]
[Pages 62695-62701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29971]



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DEPARTMENT OF LABOR

Employment and Training Administration


Solicitation for Migrant Child Labor Demonstration Grants

AGENCY: Employment and Training Administration, U.S. Department of 
Labor.

ACTION: Notice of Solicitation for Grant Applications (SGA) for 
piloting innovative ways to discourage child labor in the agricultural 
industry.

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SUMMARY: This notice contains all of the necessary information and 
forms needed to apply for grant funding. The U.S. Department of Labor 
(DOL), Employment and Training Administration (ETA) announces a 
Solicitation for Grant Applications (SGA) to develop and pilot three to 
four demonstrations nationally that offer improved educational and 
alternative work experience opportunities for migrant farmworker youth. 
These demonstrations are designed to reduce incentives for migrant 
farmworker youth to perform agricultural work under any one or 
combination of the following conditions:
     In situations that may lead to child labor violations of 
agriculture workplace rules such as those of the Fair Labor Standards 
Act (FLSA), or
     during the scheduled school session, or
     in lieu of summer school attendance needed to complete a 
grade advancement.

DATES: Applications for grant awards will be accepted commencing 
November 17, 1999. The closing date for receipt of applications shall 
be January 31, 2000 by 4 p.m. eastern standard time. No exceptions to 
the mailing and hand-delivery conditions will be granted. Applications 
that do not meet the conditions set forth in this notice will not be 
considered. Telefacsimile (FAX) applications will not be honored.

ADDRESSES: Applications shall be mailed or hand-delivered to: U.S. 
Department of Labor, Employment and Training Administration, Division 
of Federal Assistance, Attention: Ann Newman, Reference: SGA/DFA-100; 
200 Constitution Avenue, NW, Room S-4203; Washington, DC 20210.

FOR FURTHER INFORMATION CONTACT: Fax questions to Ann Newman, Division 
of Federal Assistance at (202) 219-8739. This is not a toll-free 
number. All inquiries sent via fax should include the SGA number (DFA-
100) and a contact name, fax and phone number. This solicitation will 
also be published on the Internet on the Employment and Training 
Administration's Home Page at http://doleta.gov. Award notifications 
will also be published on this Homepage.

1. Hand-Delivered Proposals

    Applications should be mailed no later than five (5) days prior to 
the closing date for the receipt of applications. However if 
applications are hand-delivered, they must be received at the 
designated place by 4:00 p.m., Eastern Time on January 31, 2000, the 
closing date for receipt of applications. All overnight mail will be 
considered to be hand-delivered and must be received at the designated 
place by the specified time and closing date. Telegraphed and/or faxed 
proposals will not be honored. Applications that fail to adhere to the 
above instructions will not be honored.

2. Late Proposals

    A proposal received at the designated office after the exact time 
specified for receipt will not be considered unless it is received 
before award is made and it:
    (1) Was sent by registered or certified mail not later than the 
fifth calendar day before the date specified for receipt of 
applications (e.g., a proposal submitted in response to a solicitation 
requiring receipt of applications by the 20th of the month must be 
mailed by the 15th);
    (2) Was sent to the U.S. Postal Service Express Mail Next Day 
Service, Post Office to addressee, not later than 4 p.m. at the place 
of mailing two working days prior to the date specified for proposals. 
The term ``working days'' excludes weekends and U.S. Federal holidays. 
The only acceptable evidence that an application was sent in accordance 
with these requirements is a printed, stamped, or otherwise placed 
impression (exclusive of a postage meter machine impression) that is 
readily identifiable without further action as having been supplied or 
affixed on the date of mailing by employees of the U.S. Postal Service.

3. Withdrawal of Applications

    Applications may be withdrawn by written notice or telegram 
(including mailgram) received at any time before award. Applications 
may be withdrawn in person by the applicant or by an authorized 
representative thereof, if the representative's identity is made known 
and the representative signs a receipt for the proposal.

4. Funding Availability and Period of Performance

    The Department of Labor expects to make approximately 3-4 awards, 
with a total investment of approximately $5,000,000. The period of 
performance will be for 12 months from the date the grant is awarded. 
At the Government's discretion and based upon availability of funding, 
it is possible that the project may be extended for up to two option 
years of funding.

5. Submission of Proposals

    In accordance with the requirements above, applicants must also 
submit four (4) copies of their proposal, with original signatures. The 
proposal must have the following information:
    (1) The proposal shall contain the Standard Form (SF) 424, 
``Application for Federal Assistance'' (Appendix A). All copies of the 
(SF) 424 must have original signatures of the legal entity applying for 
grant funding. Applicants shall indicate on the (SF) 424 the 
organization's IRS status, if applicable. According to the Lobbying 
Disclosure Act of 1995, Section 18, an organization described in 
section 501(c)(4) of the Internal Revenue Code of 1986 which engages in 
lobbying activities is not eligible for the receipt of federal funds 
constituting an award, grant, or loan. The grant proposal text is 
limited to 30 double-spaced, single-side, numbered 8\1/2\''  x  11'' 
pages, in 12-point type and having margins measuring at least one inch 
(Page numbers may be placed within the margin space.) This includes 
attachments. Applications that do not meet these requirements will not 
be considered.
    (2) A certification prepared within the last six months, attesting 
to the adequacy of the entity's fiscal management and accounting 
systems to account for and safeguard Federal funds properly. The 
Certification should be obtained as follows:
    (a) For incorporated organizations, a certification from a 
Certified Public Accountant; or
    (b) for a public agency, a certification by its Chief Fiscal 
Officer;
    (3) A statement indicating the entity's legally constituted 
authority under which the organization functions. A nonprofit 
organization should submit a copy of its Charter or Articles of 
Incorporation, including proof of the organization's nonprofit status;
    (4) The applicant's employer identification number (EIN) issued by 
the Internal Revenue Service;
    (5) Applications from a Consortium of organizations must include a 
copy of the Consortium agreement and must identify the consortium which 
will act as the administrative entity for the project. The agreement 
must include stated arrangements for administrative

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and financial responsibility that are acceptable to the Grant Officer.
    (6) Budget Information Sheet (Appendix ``B'') with a narrative 
description of each line item.

SUPPLEMENTARY INFORMATION:

Background

    Lifestyle that limits occupational horizons and disrupts 
educational achievement--It is generally accepted that agricultural 
employment earns its workers the lowest wages among the major low-
skilled occupations. While it does provide this labor group with 
seasonal employment, farmwork has the deleterious characteristic of 
preserving the working family in a working poverty status and tends to 
establish a pattern of farmwork to the exclusion of most other 
possibilities. The desire or initiative to learn other trades or job 
skills is easily defeated by the compelling need to generate family 
income by farmwork. Agricultural practices often subject workers to 
working conditions involving exposure to agricultural pesticides and 
fertilizers. The health hazards associated with exposure to these 
compounds may not be comprehended fully by most youth. Young people are 
generally less prepared intellectually and emotionally to accept 
warnings about long-term health risks associated with external 
exposures to commonly used agricultural chemicals. Consequently, they 
are prone to view precautionary instructions as an inconvenience and to 
be trusting and unquestioning of the authority of growers and bosses 
who may direct them to prematurely enter a field following a recent 
pesticide application. The continuing demographics shift of farmworkers 
to a population that has become increasingly foreign born and Hispanic 
over the past two decades, increases the risks associated with 
agricultural pesticide use for the farmworker families working in the 
United States. Why, language barriers?
    Consequently, migrant farmworker children of all ages, perform farm 
labor work which exposes them to harsh and dangerous working conditions 
which may breach the spirit, if not violate the letter, of child labor 
laws and EPA/OSHA standards.

Part I. Authority

Introduction

    The Omnibus Consolidated Appropriations Act for the 1999 fiscal 
year appropriated $5 million for demonstration programs to develop 
alternatives to agricultural labor for migrant farmworker youth. The 
Department seeks the development, piloting and evaluation of three to 
four demonstrations nationally for reducing child labor in migrant 
agricultural streams through the cooperative participation of state and 
local organizations.
    When traveling with their families in the migration stream, migrant 
farmworker youth often assist the adult members of their family and 
when they reach legal working age they actively participate by working 
side-by-side with adults. The experiences growing up in a migrant 
farmworker family provide little exposure to alternative opportunities 
that may expand the young person's outlook for the possibility of a 
different life and improved standard of living. As a result, they may 
not learn as early as their peers about the range of occupational 
options available to them and they may fail to develop an appreciation 
of their potential for capitalizing on the connection that exists 
between good jobs and educational achievement. Migrant farmworker youth 
also perform farmwork during scheduled school sessions or in lieu of 
summer school attendance that is needed for completing a grade 
advancement. This practice establishes a pattern of reduced primary 
school participation that leads to reduced high school completion for 
the children of farmworkers. The Department seeks to support the 
development of innovative approaches for reversing the movement from 
the classrooms to the fields without harming the family income.
    The Department will consider demonstrations utilizing a 
comprehensive approach that addresses all of the following conditions 
faced by farmworker youth who are members of a migrant farmworker 
family dependent on farmwork for a majority of its income:
     the incidence of agricultural labor performed by secondary 
school age workers, age 12-17
     the low levels of secondary school attendance
     the low levels of secondary educational achievement
     agricultural work that may be illegal or detrimental to 
educational achievement
     the need for sustaining family income requirements
    Demonstration proposals must describe how the pilot project is 
anticipated to make a substantial reduction to the level of farmwork 
performed by the migrant youth served.
    Project approaches may include: parental participation, child care, 
continued classroom participation during either or both the regular 
school year and summer school, to facilitate completion of academic 
courses required for grade promotion, non-agricultural work experience 
or other approaches for reducing the incidence of farmwork by migrant 
youth.

A. Eligible Applicants

    Current recipient of JTPA Section 402 or WIA 167 funds; public, 
private, or non-profit organization may apply for these grants either 
individually or as a consortium of eligible applicants. Each proposal 
must contain provision for participation by appropriate education 
agencies.

B. Government's Requirements

    ETA seeks to test the efficacy of using Case Management in an 
interdisciplinary environment that provides working-age migrant 
children alternative work and educational opportunities while working 
in the migrant stream and without detriment to the income expectations 
of their family. The pilots will test the use of Case Management to 
sustain a comprehensive approach to serving 12 to 17 year-old migrant 
youth that includes all of the following components:
     Case Managers working with youth and their families,
     arrangements appropriate for ensuring uninterrupted 
educational participation that include provision for tutorial 
assistance,
     alternative employment in community service work 
experience,
     provision for child care,
     communications support between case managers, the 
farmworker youth, and other personnel as appropriate to the proposed 
design,
     coordination with appropriate educational institutions, 
and
     establishment of arrangements with the appropriate 
agencies throughout the migrant stream for developing a dependable 
network of supportive services available to the project for use by the 
Case Managers.

Addressing Remote Contact Issues

    To support continued participation and enrollment in education and 
work experience or combined education and work experience activities, 
the design must contain specific mechanisms for maintaining participant 
access to the Case Manager. This must be achieved through personal 
contact. Personal contact may be accomplished by establishing a network 
of qualified representatives made available to the Case Managers by 
appropriate partnering organizations such as

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farmworker grantee organizations. To supplement the system of personal 
contacts, applicants may propose use of other remote means such as 
computerized communication technologies which may be adapted to support 
such aspects of the proposed design as Case Management communications 
and tracking, the educational component and the transfer of information 
on participants' status.

The Alternative Employment Component

    With respect to the alternative employment component, the 
arrangements must support work alternatives for the participants during 
periods when they would normally be engaged in agriculture. Such work 
experience arrangements will help provide an income through the 
controlled environment of a structured work experience program. The 
design should promote exposure to a sample of the career alternatives 
potentially available. Applicants may propose other, less conventional 
activities that may be complementary to the formal educational process.

The Educational Component

    With respect to the educational component, the design must be one 
that supports sustained educational participation leading to completion 
of a specific scheduled secondary education requirement. This must be 
addressed by the cooperative participation of the family's home-base 
local school system, a State level secondary entity, or a charter 
school or other nonsectarian institution credentialed as a secondary 
education institution.

Target Population

    Youth, age 12 to 17 who are established working members of migrant 
farmworker families and who accompany their families on the migration. 
(Family members are those persons living together who are related by 
marriage, blood or adoption.)

Funding Context

    Section 167 of the Workforce Investment Act of 1998. The Migrant 
and Seasonal Farmworkers (MSFWs) program provides services to meet the 
employment and training MSFWs through such public and private nonprofit 
organizations determined by the Secretary to have an understanding of 
the problems of MSFWs. This familiarity may be variously demonstrated 
by an organization's familiarity with the area to be served, its 
demonstrated understanding of the problems of eligible MSFWs, and its 
demonstrated capability to administer effectively a diversified 
employability development program for MSFWs.

Consortium Arrangements

    Consortium of cooperating eligible applicants may apply. An 
acceptable consortium arrangement is one made of two or more signatory 
eligible applicants, supported by a Consortium Working Agreement 
between all the cooperating parties under the proposed design. The 
agreement must designate one of the consortium's members as the 
responsible administrative agency under the grant.

Specific Migrant Youth Problems

    Demonstrations must be developed to address problems faced by 
farmworker youth, age 12-17, who are members of migrant families and 
who face limited opportunities due to conditions that may be attributed 
to the family's dependence on employment in farmwork, and especially 
due to the family's migrations during the agricultural season. Examples 
of such problems experienced by farmworker youth are:
     a record of substandard or declining school attendance
     being required to repeat at least a year at grade 5 or 
higher
     having a work history exclusively consisting of farmwork 
performed in the company of their families
     having a family which does not speak English at home
     possessing other documented conditions proposed by the 
applicant.

Projected Benefits of This Migrant Child Labor Initiative

    It is anticipated that program participation will result in 
improved outcomes for youth participants and their families in (e.g., 
youth educational goals, school participation, promotion and dropout 
rates, family and participant employment and income, parental 
expectations for children, etc.).
    Pilot outcome information will be used to identify further options 
to decrease child labor in agriculture and increase academic retention 
and achievements for migrant farmworker youth.

Part II. Grant Proposal

    All grant proposals accepted for consideration must be prepared in 
accordance with the requirements set forth in Sections (1) to (3) 
below.

Section (1)--Proposed Pilot Demonstration

A. Demographics of Selected Migrant Stream
    An understanding of the area economy and its influence on the 
problems and conditions faced by MSFWs working within that economy is 
important to formulating an effective service strategy. Identify and 
describe the geographic area (i.e. migrant stream) where the design is 
proposed to be tested. The description should include relevant factors 
about the agricultural community, crops and migrant farmworker 
demographics for the migrant stream. A complete statement would include 
a brief discussion of the problems of eligible migrant farmworker 
families working in the selected area that either contribute to 
intensive farmwork labor conditions, or interfere with secondary 
education achievement.
B. Problems Faced by Migrant Youth Population of the Selected Migration 
Area
    Describe the conditions that are faced by MSFW youth over the 
course of a year in the specific geographic area proposed to be served. 
The discussion must show how the condition contributes to the pattern 
of low school attendance and success. Examples of specific conditions 
proposed to be addressed are:
     Family group situations wherein farmworkers bring their 
children to assist them with their work at farm locations. This 
condition occurs more often at farms where pay is determined on a piece 
rate basis.
     Seasonality of work and migration that disrupts education
     Strenuousness of farmwork--stoop labor, long hours, low 
wages
     Living conditions experienced in a migratory lifestyle--
housing facilities, transportation, etc.
     Problems unique to farmwork families working the selected 
migrant stream that adversely affect the educational achievement of 
their children and limit the youths' access to recreational activities 
and alternative forms of work opportunities (other than the manual 
farmwork that may defines their lifestyle) for their children in the 12 
to 17 age range.
C. Design Proposed To Be Piloted
    (1) Provide a brief, single paragraph summary of the proposed 
demonstration objective. Follow the summary with an explanatory 
statement on how the objective is proposed to be achieved. Include each 
of the following in the discussion as appropriate:

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     Problem(s) affecting migrant youth that the proposed 
design would address
     Number of youth to be served by the project
     Characteristics of those to be enrolled
     Case Management techniques to be used
     Work Experience Component
     Education Component
     Provisions and system for maintaining contact with 
participants during the family's migration and for maintaining 
connections with the home community.
     Follow-up during the off-season
     Provision for family involvement
     Collaborations with appropriate organizations such as 
participating MSFW programs, school systems, One-Stop Centers, State 
Rural Development Councils, grower groups, etc.
     Results to be achieved
     Portability of records
     Other areas appropriate to the proposed design
    (2) Strategic Plan: Describe the proposed strategic plan by 
addressing all the following:
    (a) Case Management Strategy--Describe the proposed case management 
system and techniques that are proposed to be employed. To be 
acceptable, the plan must include a strategy for maintaining 
communications during migrations. Identify the local resources--
including those located in the migrant stream remote from the home-base 
for the operation--that will be developed for use by the Case Managers. 
Identify the responsible party and describe how the person will 
approach the development of the necessary arrangements with local 
representatives.
    (b) Work Component--Describe the proposed work experience component 
in detail. Include a description of the proposed strategy for securing 
alternative work experience arrangements along the migration stream.
    (c) Educational Component--Describe the proposed educational 
component in detail. Describe how you propose to maintain contact with 
participants during their migration. Include how you propose to arrange 
for continued support from the home based school. If your proposed 
strategy will rely on use of schools in other communities and states 
for classroom instruction leading to academic credit, describe how you 
will secure support from the other school systems. If you propose to 
test the use of virtual classroom technologies during the migration 
period, describe the level of personal contact you propose and explain 
how you will provide for it. Also, describe how the personal contact 
will ensure that the technology is accessed, understood and utilized by 
the participants.
    (d) Combinations Of Work and Education--Where alternative work 
arrangements and educational arrangements are proposed in combination, 
describe the planned combination and identify the merits of the 
combination proposed for testing.
    (e) Retention During Migration --Describe the arrangements proposed 
for retaining participation during the migration within the area 
proposed for the demonstration. (Build into the description, answers to 
such questions as, ``What means will be employed to return 
participation and what persons and organizations will be responsible 
for doing what?'')
    (f) Provision For Adult Family Member Involvement--Describe the 
proposed role of parental participation and how you will promote and 
support their involvement.
    (3) The proposed design must have measurable results. Describe the 
goals of the project and how the impact of the design will be measured. 
For example, the following indices are offered for consideration:
     reduced hours working in agriculture
     development of educational goals by the participating 
youth
     parental goals for their children that are outside 
agriculture
     school participation and drop-out rates for participants
     sustaining individual and family employment and income
    Duration: Proposals must incorporate a strategy for demonstrating 
the complete execution of the proposed design during a single 
agricultural season.
Rating Basis--For Section (1)
    60 points based on:
    (a) The relative merits of the conceptual design proposed and 
described in part (C)(1) at incorporating broad geographic coverage, 
innovation and reliance on diverse and cooperating resources to work 
under a Case Management strategy towards achieving the goals proposed 
in (C)(3), (25 points);
    (b) Provision inherent to the strategic design described in part 
(C)(2) for ensuring consistency and integrity with the conceptual 
design throughout the demonstration, (25 points); and
    (c) How well the design relates to the problems faced by farmworker 
children age 12 to 17 that are described in part (B). (10 points)

Section (2)--Commitments From Other Partners Including State and Local 
Education Agencies

    In this section, applicants must describe the commitments to this 
project from State Education agencies, local public schools in the home 
base of the students, local public schools in the migrant stream, 
social service agencies, grower representatives and other partners such 
as technology firms. In particular, ETA is looking for commitment of 
researchers, social services and other resources that are substantially 
above the current service level available to migrant youth. In 
addressing the criteria below, each applicant should demonstrate its 
potential to arrange for adequate coverage for the entire geographic 
area of the migrant stream. Evidence of provisional commitments will be 
accepted and may be included with the proposal. Where a consortium 
arrangement is proposed, the educational agency partner(s) must be 
included as member(s) of the agreement.
    Each applicant must:
     Show how it has developed appropriate arrangements with 
associate organizations within the migrant stream that are critical to 
the success of the pilot,
     show how educational agencies and agencies capable of 
providing work experience alternatives will participate in the 
demonstration
     show how it will ensure cooperation with the local Migrant 
Education program (funded by the US Department of Education) and with 
the College Assistance Migrant Program.
Rating Basis for Section (2)
    The rating will be based on the applicant's demonstration of its 
ability to develop effective working partnership agreements with 
representatives of the required community resources pertinent to the 
proposed pilot. Total weight for Section (2) is 20 points.

Section (3)--Administration and Staff Capacity To Perform Pilot

    This section describes the applicant's capacity to operate the 
project including its organizational structure and staffing patterns.
    The applicant must:
     Demonstrate its understanding of the problems of migrant 
farmworker families through its statement in section 1(A); and
     Demonstrate its knowledge of the migrant stream area 
proposed for the pilot demonstration through its statement in section 
1(B).
    Applicants must provide statements and information in this section 
to

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ensure the piloting of the proposed strategy will be effectively 
carried out. An applicant must:
    (A) Demonstrate its capacity to work effectively with the growers, 
the workforce investment agencies, the community organizations critical 
to the proposed design and the educational agencies needed;
    (B) identify the management staff and their qualifications for 
conducting the pilot,
    (C) provide the proposed standards for the maximum and average 
case-load levels and the minimum qualifications for those to be hired 
as Case Managers.
    (D) when appropriate, demonstrate its knowledge of the regional 
practices of growers regarding:
    (1) Employment of adult farmworkers
    (2) housing for farmworkers and farmworker families
    (3) farmworker transportation, and
    (4) employment of farmworker youth under age 18;
    (E) describe administrative and program management processes which 
include the fiscal management systems and the program management 
systems needed to measure results; and
    (F) for proposed consortium arrangements, provide the proposed 
Consortium agreement identifying the member of the consortium 
responsible for administering the demonstration, i.e., coordinating the 
overall responsibility for managing the pilot and accounting for the 
proper use of funds. The answers to items (B) and (E) must be 
specifically addressed to the consortium partner designated as the 
administering member. Consortium agreements must include all the 
critical members required for administering the strategic plan, such as 
MSFW grantees, state and local school systems, organizations 
representing growers, state rural development councils, etc.
Rating Basis for Section (3)
    The rating of section (3) will be based on the proposer's knowledge 
of farmworker issues and its organizational strength. The weight for 
section (3) is 20 points.

Part III. Proposal Review and Process

    A careful evaluation of applications will be made by a technical 
review panel which will evaluate the applications against the criteria 
identified in Part II--Grant Proposal. The panel results are advisory 
in nature and not binding on the Grant Officer. The Government may 
elect to award the grant with or without discussions with the 
applicant. In situations without discussions, an award will be based on 
the applicant's signature on the (SF) 424, which constitutes a binding 
offer. The Grant Officer will make final award decisions based upon 
what is in the best interest of the Government. The Grant Officer may, 
at his/her discretion, request an applicant to submit additional or 
clarifying information when deemed necessary to make a selection.

Part IV. Reporting Requirements

    Once grant awards are made, the following reports and documents 
will be required:

Quarterly Financial Reports

    The awardee must submit to the Grant Officer's Technical 
Representative (GOTR) within the 30 days following each quarter, two 
copies of a quarterly Financial Status Report, Standard Form (SF) 269, 
until such time as all funds have been expended or the period of 
availability has expired.

Progress Reports

    The awardee must submit quarterly reports to the GOTR within the 30 
days following each quarter. Two copies are to be submitted; the report 
will provide a detailed account of activities undertaken during each 
quarter.

Final Report

    A draft final report which summarizes project activities and 
results of the demonstration shall be submitted no later than 30 days 
prior to the expiration date of the grant.

    Signed at Washington, DC, this 10th day of November, 1999.
Janice E. Perry,
Grant/Contracting Officer.

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[FR Doc. 99-29971 Filed 11-16-99; 8:45 am]
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