[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR633.104] [Page 306-308] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 633--MIGRANT AND SEASONAL FARMWORKER PROGRAMS--Table of Contents Subpart A--Introductory Provisions Sec. 633.104 Definitions. 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 [[Page 307]] 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 [[Page 308]] 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.