FLSP-NFO-508.pdf

Farm Labor Stabilization and Protection Pilot Program

Fiscal Year (FY) 2023 Farm Labor Stabilization and Protection Pilot Program Notice of Funding Opportunity (NFO)

No. USDA-FSA-OA-FLSP-G-23-0001

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Federal Awarding Agency Name: U.S. Department of Agriculture (USDA) – Farm Service Agency (FSA)

Notice of Funding Opportunity Title: Farm Labor Stabilization and Protection Pilot Program (FLSP)

Notice of Funding Opportunity Number: USDA-FSA-OA-FLSP-G-23-0001

Assistance Listing: 10.978

Dates: Applications for the FLSP program must be received on or before 11:59 pm Eastern Time on November 28, 2023 through Grants.gov. Applications received after this deadline will not be considered for funding.

Executive Summary: USDA requests applications for the fiscal year (FY) 2023 Farm Labor Stabilization and Protection Pilot (FLSP) grant program. Section 1001(b)(4) of the American Rescue Plan Act (ARPA) (Pub. L. No.

117-2) provides funds for the FLSP program, for the purpose of providing “loans and grants and other assistance to maintain and improve food and agricultural supply chain resiliency.” The USDA Farm Service Agency (FSA) will provide the FLSP Program funding; however, USDA Agricultural Marketing Service (AMS) will administer the program. This Notice will refer to FSA and AMS jointly as USDA.

This funding announcement provides information about the eligibility criteria for applicants, associated instructions to apply for a grant and required documents, and evaluation criteria.

The FLSP program aims to improve food and agricultural supply chain resiliency by addressing challenges agricultural employers face with labor shortages and instability. The FLSP Program seeks to advance the following Administration priorities and funds will be awarded with the purpose described below:

Goal 1: Drive U.S. economic recovery and safeguard domestic food supply by addressing current labor shortages in agriculture;

Goal 2: Reduce irregular migration from Northern Central America through the expansion of regular pathways; and Goal 3: Improve working conditions for all farmworkers.

USDA will advance these priorities by awarding grants to agricultural employers, to be known as Awardees, that commit to all Baseline Requirements and choose to apply for employees through the H-2A Temporary, Agricultural Employment of Foreign Workers Program (“the H-2A program”) as outlined in Section 218 of the Immigration and Nationality Act, and based on the additional competitiveness of their application.

Awardees must demonstrate an effort to effectively recruit U.S. based workers and hire all willing, able, and qualified U.S. applicants; if Awardees are unable to meet their labor needs through this recruitment, they must submit an application for Temporary Employment Certification (Form 9142A), in accordance with U.S.

Department of Labor (DOL) H-2A program. More information on eligibility and the H-2A Temporary, Agricultural Employment of Foreign Workers Program (“the H-2A program”) as outlined in Section 218 of the Immigration and Nationality Act, including DOL and U.S. Department of Homeland Security (DHS) requirements can be found in Section 3.3.

NOTICE OF FUNDING OPPORTUNITY (NFO)

https://www.grants.gov/ https://www.congress.gov/117/plaws/publ2/PLAW-117publ2.pdf https://www.congress.gov/117/plaws/publ2/PLAW-117publ2.pdf https://flag.dol.gov/programs/H-2A#%3A%7E%3Atext%3DThe%20H-2A%20temporary%20agricultural%20program%20allows%20agricultural%20employers%2Clevels%20above%20what%20is%20necessary%20for%20ongoing%20operations https://flag.dol.gov/programs/H-2A#%3A%7E%3Atext%3DThe%20H-2A%20temporary%20agricultural%20program%20allows%20agricultural%20employers%2Clevels%20above%20what%20is%20necessary%20for%20ongoing%20operations https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1188&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1188&num=0&edition=prelim https://flag.dol.gov/programs/H-2A#%3A%7E%3Atext%3DThe%20H-2A%20temporary%20agricultural%20program%20allows%20agricultural%20employers%2Clevels%20above%20what%20is%20necessary%20for%20ongoing%20operations https://flag.dol.gov/programs/H-2A#%3A%7E%3Atext%3DThe%20H-2A%20temporary%20agricultural%20program%20allows%20agricultural%20employers%2Clevels%20above%20what%20is%20necessary%20for%20ongoing%20operations https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1188&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1188&num=0&edition=prelim

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Awardees will be selected based on commitment to all Baseline Requirements of the FLSP, employing workers through the H-2A Temporary, Agricultural Employment of Foreign Workers Program (“the H-2A program”), and on the competitive nature of their application.

Up to $65 million will be available to fund grants under this solicitation. The maximum award amount is $2,000,000 and the minimum amount is $25,000 per grant agreement (and any sub-awardees as described in Section 3.4). Award amounts will be determined based on the projected number of full-time equivalent (FTE) agricultural employees, and requested award level.

Stakeholder Input: USDA welcomes comments about this NFO, and we will consider them in developing future NFOs. Email written stakeholder comments within one year of the publication date of this NFO to:

FLSPgrants@usda.gov. This email address is intended only for receiving comments regarding this NFO and not requesting information or forms.

USDA expects applicants to read the entire NFO prior to submitting their application to ensure they understand the program’s requirements. See Section 5.2 for more details on the required contents of an application package.

The required documents for an application package include the following:

☐ Standard Form (SF) 424 – Application for Federal Assistance (in Grants.gov) ☐ FLSP Project Abstract Summary (in Grants.gov) ☐ FLSP Narrative Form (attached as PDF)

When applicable, application packages are required to include the following (attached as PDF or MSWord)

☐ Signed Letters of Commitment – from all Partner and Sub-Awardee organizations

☐ Private Recruiter Letter of Commitment – for applicants utilizing private recruiters ☐ Contract or evidence of participation – for any applicants engaged in a worker-driven social responsibility contract, collective bargaining agreement, or other partnership contract

• Thoroughly read this NFO and follow all instructions.

• Register in Grants.gov and submit applications early. DO NOT WAIT UNTIL THE DAY OF THE APPLICATION

DEADLINE. USDA encourages you to submit your application at least two weeks before the application deadline to ensure all certifications are met.

• Apply to the correct grant program in Grants.gov using the correct Assistance listing (formerly Catalog of Federal Domestic Assistance (CFDA) number “10.978” and Funding Opportunity Number “USDA-FSA-OA-

FLSP-G-23-0001”

• To do business with the Federal Government and to submit your application electronically using Grants.gov, you must:

o Have a Unique Entity Identifier (UEI) and a Taxpayer Identification Number (TIN);

o Be registered in the System for Awards Management (SAM.gov), the Government's primary registrant database;

o Provide your Unique Entity Identifier (UEI) number and TIN on your application; and

APPLICATION CHECKLIST

TIPS FOR APPLICANTS

https://usdagcc.sharepoint.com/sites/OSEC-FarmLaborPilotProgram/Shared%20Documents/General/NFO/FLSPgrants%40usda.gov

. Page 4 of 32 o Maintain an active SAM.gov registration with current information throughout the application review period, and if you are awarded a grant, throughout the duration of the project period.

• Thoroughly review the FLSP General Terms and Conditions. Ensure the application excludes unallowable costs and activities.

• Ensure you have the most recent copy of Adobe Reader installed on your computer and that it is compatible with Grants.gov software. Grants.gov supports Adobe Reader version 9.0.0 and higher.

• Limit Application File Size/File Name Characters (50 or less).

• Avoid Special Characters in File Names ($, %, &, *, ñ, etc.).

• When uploading attachments, click the “Add Attachments” button (do NOT use the “paperclip” icon in

Adobe Reader).

• Do not password-protect your documents and make sure all tracked-changes are “accepted”.

• Review the Grants.gov Applicant User and Registration Guides:

o Applicant FAQs o Workspace Overview

USDA staff cannot support applicants regarding Grants.gov accounts. For technical issues with Grants.gov, contact Grants.gov Applicant Support at 1-800-518-4726 or support@grants.gov. For new Grants.gov users, see Section 5.2 for information about steps required before submitting an application via Grants.gov.

For inquiries specific to the content of the NFO requirements, contact the Federal awarding agency contact (Section 8.0) or the FLSP Technical Assistance Provider. Please limit questions to those regarding specific information contained in this NFO (such as dates, page numbers, clarification of discrepancies, etc.).

FLSP and H-2A Technical Assistance: USDA will offer no-cost technical assistance (TA) to help applicants navigate a broad range of needs in applying to this grant program, including determining eligibility and desired award level, meeting grant requirements, and navigating U.S.-based recruitment and the H-2A program and compliance. In addition to the grant funding itself, the technical assistance is one of the program’s primary benefits for agricultural employers. For more information on technical assistance available, visit:

www.ams.usda.gov/FLSP.

Federal Financial Assistance Training: The funding available through this NFO is Federal financial assistance.

Grants 101 Training is highly recommended for those seeking knowledge about Federal financial assistance. The training is free and available to the public at https://www.grants.gov/learn-grants.html.

Required Action Timing to Obtain/Submit The deadline to receive final application and all supporting materials through Grants.Gov

November 28, 2023 – 11:59 p.m.

Eastern Time

Obtaining Your Organization’s UEI Number (if you do not already have one) Allow approximately 7-10 business days

Establishing an Active SAM.gov Account (if you do not already have one) Allow approximately 7-10 business days

Obtaining a TIN/EIN (if you do not already have one) Allow approximately 2 weeks

TECHNICAL ASSISTANCE

TIMING TO OBTAIN AND SUBMIT GRANTS.GOV REQUIRED ELEMENTS

https://www.ams.usda.gov/sites/default/files/media/FLSPTerms.pdf https://www.grants.gov/applicants/applicant-faqs.html https://www.grants.gov/applicants/workspace-overview.html mailto:support@grants.gov https://www.ams.usda.gov/services/grants/flsp/assistance http://www.ams.usda.gov/FLSP https://www.grants.gov/learn-grants.html

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Creating your Grants.gov profile and registering your Authorized Organizational Representative (AOR) authorization Allow approximately 4 weeks

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Table of Contents

1.0 PROGRAM DESCRIPTION

1.1 LEGISLATIVE AUTHORITY

1.2 PURPOSE

1.3 PROJECT TYPES AND AWARD LEVELS

2.0 FEDERAL AWARD INFORMATION

2.1 TYPE OF FEDERAL ASSISTANCE

2.2 TYPE OF APPLICATIONS

2.3 AVAILABLE FUNDING

2.4 FEDERAL AWARD PERIOD AND DURATION

3.0 ELIGIBILITY INFORMATION

3.1 ELIGIBLE APPLICANTS

3.2 ELIGIBILITY CRITERIA DEADLINE

3.3 ABOUT THE H-2A TEMPORARY FOREIGN AGRICULTURAL WORKERS PROGRAM

3.4 APPLICATION TYPES

3.5 ELIGIBILITY RESTRICTIONS

4.0 FUNDING CONSIDERATIONS

4.1 PARTNERSHIPS AND SUB-AWARDEES

4.2 COST SHARING OR MATCHING

4.3 ALLOWABLE AND UNALLOWABLE COSTS AND ACTIVITIES

5.0 APPLICATION AND SUBMISSION INFORMATION

5.1 ELECTRONIC APPLICATION MATERIALS

5.2 CONTENT AND FORM OF APPLICATION SUBMISSION

5.3 REGISTER IN GRANTS.GOV

5.4 SUBMIT AN APPLICATION

5.5 SUBMITTED APPLICATION QUALIFICATION

5.6 SUBMISSION DATE AND TIME

5.7 INTERGOVERNMENTAL REVIEW

5.8 FUNDING RESTRICTIONS

5.9 TECHNICAL ASSISTANCE

6.0 APPLICATION REVIEW INFORMATION

6.1 PROJECT EVALUATION CRITERIA

6.2 REVIEW AND SELECTION PROCESS

7.0 FEDERAL AWARD ADMINISTRATION INFORMATION

7.1 FEDERAL AWARD NOTICES

7.2 ADMINISTRATIVE AND NATIONAL POLICY REQUIREMENTS

7.3 REPORTING AND PAYMENT SCHEDULE

7.4 AUDIT REQUIREMENTS

8.0 CONTACT INFORMATION

9.0 OTHER INFORMATION

9.1 DEFINITIONS

9.2 FREEDOM OF INFORMATION ACT (FOIA)

9.3 GOVERNMENT OBLIGATION

9.4 PAPERWORK REDUCTION ACT

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10.0 U.S. DEPARTMENT OF AGRICULTURE NON-DISCRIMINATION STATEMENT

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Section 1001(b)(4) of the American Rescue Plan Act (ARPA) (Pub. L. No. 117-2) funds the Farm Labor Stabilization and Protections Pilot (FLSP) program, pursuant to USDA’s authority to provide “loans and grants and other assistance to maintain and improve food and agricultural supply chain resiliency.” USDA FSA will provide FLSP funding, and USDA AMS will administer the FLSP Program.

The purpose of this program is to improve food and agricultural supply chain resiliency by addressing the challenges agricultural employers face with labor shortages and instability. The FLSP Program seeks to advance the following Administration priorities:

• Goal 1: Address current labor shortages in agriculture. Based on stakeholder input, USDA identified an urgent need, and data support, that agricultural employers are experiencing increased challenges finding an adequate supply of workers. U.S. farm employers have turned to the H-2A Temporary Agriculture Workers program, which has seen a seven-fold increase since 2005. The H-2A program helps American farmers who anticipate a lack of available domestic workers and meet specific regulatory requirements to bring nonimmigrant foreign workers to the U.S. to perform agricultural labor or services on a temporary or seasonal basis if certain conditions are met. See Section 3.3 to read more about the H-2A program statutory and regulatory requirements.

• Goal 2: Reduce irregular migration from Northern Central America through the expansion of regular pathways. While U.S. agricultural operations seek an additional supply of workers, the U.S. has committed to promote the expansion of regular migration pathways, as part of the Los Angeles Declaration on Migration and Protection. The FLSP offers an opportunity to support this commitment, with economic benefits for foreign workers and their families, and professional and economic development opportunities for communities that send their workers to participate in the H-2A program, including the government-led recruitment and vetting of seasonal workers through the Ministries of El Salvador, Guatemala, and Honduras supported by the U.S. Department of State, U.S. Department of Homeland Security, and U.S. Agency for International Development (USAID).

• Goal 3: Improve working conditions for farmworkers. A stable and resilient food and agricultural sector relies on attracting and retaining skilled agricultural workers. Stakeholder input indicates that worker recruitment and retention is strongly influenced by the quality of the jobs, such as those outlined in the Good Jobs Principles from U.S. Departments of Commerce and Labor. The essential FLSP program requirements are designed to promote benefits and protections for workers, namely through greater transparency of the recruitment process and ensuring employees fully understand their rights and resources available to them and sharing this information via culturally relevant approaches and trusted communicators. In addition, the program prioritizes applicants that commit to additional benefits and protections, noted in the Supplemental Employee Commitments section, offering higher awards (Silver and Platinum for different levels of commitments). The benefits and protections required and incentivized by the FLSP have been informed by stakeholder input, research, public comments, listening sessions, and thorough input from other federal agencies.

1.0 PROGRAM DESCRIPTION

1.1 LEGISLATIVE AUTHORITY

1.2 PURPOSE

https://www.congress.gov/117/plaws/publ2/PLAW-117publ2.pdf https://www.whitehouse.gov/briefing-room/statements-releases/2022/06/10/los-angeles-declaration-on-migration-and-protection/ https://www.whitehouse.gov/briefing-room/statements-releases/2022/06/10/los-angeles-declaration-on-migration-and-protection/

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These priorities were informed by extensive stakeholder outreach. USDA published a Request for Information on challenges employers face in securing a stable workforce, types of incentives and labor standards to improve their ability to hire workers from North Central America and make meaningful progress towards ensuring safer and fairer working conditions for farmworkers, as well as barriers and challenges faced by farmworkers and recommendations on how to increase farmworker awareness of resources and worker rights and held listening sessions to gather input from agricultural employers, unions and farmworker advocacy groups. Recordings of these sessions are available here. In addition, USDA commissioned a report by the United Farm Workers that provided important insight and helped shape program design.

USDA will advance these priorities by funding grants to agricultural employers, to be known as Awardees, that seek to hire workers through the H-2A Temporary, Agricultural Employment of Foreign Workers Program, as outlined in Section 218 of the Immigration and Nationality Act. For the purposes of this program and NFO, USDA uses the term “agricultural employee” interchangeably with the more colloquial terms, such as “worker,” “agricultural worker,” “farm laborer,” or “farmworker.”

The FLSP includes three award levels, with increasing funding levels that reflect a higher level of commitment to working conditions for farmworkers. Baseline Award projects entail a minimal level of commitment (outlined in Table 2 below). By committing to additional employee benefits and protections (outlined in Table 3 below), applicants may submit a more competitive Silver or Platinum application for a higher award. Beyond the essential public goods supported by Baseline Award projects, the Silver and Platinum Award projects offer meaningful improvements to working conditions for agricultural workers, further supporting food and agriculture supply chain resiliency. Table 1 lists the range of award amounts based on the desired award level and the total number of full-time equivalent (FTEs) agricultural workers employed by the applicant (and sub-awardees).

Table 1. Award structure, based on FTEs and applicant commitment level.

Award amount 1-10 FTEs

11-25 FTEs

26-75 FTEs

76-200 FTEs

201-500 FTEs

501-2000 FTEs

2001+ FTEs

Baseline $ 25,000 $ 50,000 $ 100,000 $ 150,000 $ 180,000 $ 215,000 $ 250,000

Silver $ 100,000 $ 200,000 $ 400,000 $ 600,000 $ 720,000 $ 860,000 $ 1,000,000

Platinum $ 200,000 $ 400,000 $ 800,000 $ 1,200,000 $ 1,440,000 $ 1,720,000 $ 2,000,000

To be eligible for the Baseline award, as well as the higher Silver and Platinum award levels, applicants must demonstrate their ability to meet all the baseline program requirements.

Table 2. Baseline requirements, for all award levels

Program Requirement Description

Universal protections and benefits

All commitments must be applied universally to all of the applicant’s agricultural employees, H-2A or otherwise, whether hired directly, jointly or via a contractor, at each and every work site within the applicant’s operation throughout the entirety of the grant performance period. If awarded, all commitments in the Awardee’s application must be included in their H-2A Job Order.

1.3 PROJECT TYPES AND AWARD LEVELS

https://www.fsa.usda.gov/farmworkers/index https://www.fsa.usda.gov/farmworkers/index

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Participation in FLSP research and reporting

USDA and our federal partners seek to understand the degree to which the FLSP’s structure and incentives effectively support a more stable farm workforce for U.S. agricultural employers and incentivize improved working conditions. Findings will help inform employer best practices to attract and retain skilled employees for U.S. agricultural jobs, guide industry stakeholders and policymakers, and illuminate areas for necessary employer and employee support or technical assistance.

Awardees must participate in research conducted by a non-partisan, third-party university partner selected by USDA. USDA requires that all Awardees agree to grant access to their full agricultural workforce (or contractors) for the purpose of research surveys and/or interviews for the entirety of the grant performance period, including two annual agricultural seasons. In an effort to understand the long-term effects of FLSP, Awardees and applicants may be contacted to participate in follow-up research.

All research data will be treated confidentially and will be used for research purposes only. Research reports or other outputs will ensure the confidentiality of participants. Data collected in FLSP research will have no impact on grant performance, payments or outcomes.

Participation in Know Your Rights and Resources (KYRR) access and training

This component has been developed to address numerous public comments and stakeholder feedback that expressed the need for culturally appropriate KYRR education for farmworkers conducted by farmworker-trusted entities. For this reason, the FLSP requires Awardees to allow in-person access to all employees and to pay all non-supervisory employees’ time to attend a KYRR session conducted by a USDA cooperator partner at the beginning of workers’ contracts, on-site in a conducive environment. Awardees will be required to contact the USDA Cooperator partner to schedule a Know Your Rights and Resources session within two weeks of employees’ start date.

Responsible Recruitment1

Applicants must indicate their recruitment methods for U.S. based workers and foreign workers and update the U.S. government if their recruitment methods change after submitting a FLSP application to USDA.

If applicants choose to use a private recruiter or recruiting agency, they are required to disclose the name of all agents (as required in the H-2A form I-129), and any sub-contractors that will be used in the process.

Applications must provide attestation that any recruiter used is registered in the country in which they are recruiting, if registration is available. In addition, if applicants use private recruiters, the applicants must submit a Recruiter Partner Letter, with the recruiter’s written responses to the questions about recruitment practices.

Awardees remain subject to all applicable federal, state, and local laws regarding recruitment practices, including DOL and DHS H-2A regulations

1 For more information, see “Guidance on Fair Recruitment Practices for Temporary Migrant Workers,” https://www.dol.gov/sites/dolgov/files/OPA/newsreleases/2022/06/ILAB20220565.pdf.

https://www.dol.gov/sites/dolgov/files/OPA/newsreleases/2022/06/ILAB20220565.pdf

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To apply for the Silver or Platinum award, applicants must commit to and demonstrate their ability to meet selected Supplemental Employee Commitments. Table 3 (below) outlines the elective options applicants can select to be eligible for higher award. Applicants that elect the Silver level award must meet at least two options from the (mid column) Pay, Benefits and Working Conditions column; it is also recommended, but not required, to select one option from the (right-hand) Partnership Agreements column for the Silver level.

Platinum level applicants must commit to the (left-hand) Responsible Recruitment column and to at least three options from the (mid column) Pay, Benefits and Working Conditions column, and at least one option from the (right-hand) Partnership Agreements column.

Each elective Supplemental Employee Commitments (outlined in Table 3) was designed to be achievable by employers, meaningful to employees, and have measures of accountability that allow USDA, as well as employers, to demonstrate the impact of the FLSP program goals. The most competitive applications will indicate strong and compelling commitment and capacity to implement the fullest possible scope of each selected Supplemental Employee Commitments (outlined in Table 3). Applicants are advised that each selected additional commitment must be listed as a term and condition of employment in the employer's job order, including any job order associated with the employer's H-2A labor certification application pursuant to 20 CFR 655.121, 655.122(a), 655.103(b) (definition of work contract). See Section 3.3 to read more about the H-2A program statutory and regulatory requirements.

Table 3. Supplemental Employee Commitments for Silver and Platinum award levels

RESPONSIBLE RECRUITMENT

Silver bundle: recommended but not required Platinum bundle: required

PAY, BENEFITS AND WORKING CONDITIONS

Silver bundle: choose at least two

Platinum bundle: choose at least three

PARTNERSHIP AGREEMENTS

Silver bundle: recommended, but not required Platinum bundle: choose at least one

Selections can include existing practices or new adoptions, but must exceed state law to qualify for Silver or Platinum bundle

1. Recruitment via NCA Ministries. Demonstrate effort to recruit and hire any H-2A workers through government-led recruitment and vetting of workers from Ministries of Labor in Guatemala and Honduras and the Ministry of Foreign Affairs in El Salvador.

1. Overtime Pay. Where not already required by state law, guarantee of overtime pay (1.5 times hourly rate) for hours worked in excess of 40 hours/week.

2. Bonus Payment. Clearly defined bonus payment to all employees transmitted at regularly scheduled intervals throughout the duration of the employee’s contract.

[Describe payment amount, method of implementation, and tactics to ensure transparent payment to employees. This commitment requires a narrative description and may be competitively ranked based on demonstrated implementation plan.]

3. Paid Sick Leave. Paid sick leave plan that includes accruing at least 4 hours per (2-week/bi-monthly) pay period, with a minimum of 5 days leave per year.

1. Participation in a Worker-driven Social Responsibility (WSR) program.

If applicant is already participating in a WSR program, they should note protections already in place, e.g., complaint mechanism, auditing, worker education. If this is a new commitment, articulate plan. [Must provide evidence of participation in good standing.]**

2. Participation in a Collective

Bargaining Agreement (CBA). The applicant should note protections already in place under any existing CBA, e.g., complaint mechanism, auditing, worker education. If this is a new commitment, please provide details on where you are in

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4. Weekly Housing Maintenance Plan.

Establish a weekly plan for maintenance of worker housing, with a responsible entity that fully reviews all units and receives and addresses feedback or concerns from workers. [Describe what you will do and how it will improve the quality of life in housing for employees]

5. Collaborative Working Group. Implement, or demonstrate current existence of, a collaborative working group or workplace employee engagement committee(s) that address(es) workplace issues such as, but not limited to: workplace safety and health (e.g., water and heat breaks), pesticide safety, transportation safety, housing experience, mechanism for reporting grievances or problems, etc. The committee must include at least 50% hired farmworkers, and may include bona fide third-party experts, in addition to agricultural employer management employees. Describe how you envision the designing the working group, how participants will be chosen, when meetings will take place, whether workers will be paid for meeting time, any external invited participants, and how the committee priorities and action items will addressed, etc.].

6. Innovative External Partnership. USDA supports innovative approaches to improve the quality of life for farmworkers.

Implement or demonstrate a plan to support improving health, safety, worker representation, professional development, or other benefit or program, and note key partnership(s) that will help facilitate implementation. [This commitment requires a narrative description and may be competitively ranked based on demonstrated commitment and public benefit. USDA encourages partnerships with community-based organizations and other institutions that have longstanding experience working directly and collaboratively with farmworkers.] negotiations. [Must provide evidence of participation/contract.]**

3. Committing to Neutrality, Access, and Voluntary Recognition (where permitted under state law).

Neutrality, defined as companies remaining neutral when their employees signal an interest in forming a union. If employees choose representation, management can engage productively with the union and determine what is important to their employees in terms of wages, benefits and working conditions. This includes spending any money, directly or indirectly, including hosting captive audience meetings to discuss the organizing effort. Applicants agree to allow on-site access to their workforce by union members or organizers during non-working hours.

In states where permitted, instead of requiring an NLRB-supervised election, employers agree to recognize a union if a majority of employees sign union authorization cards. [This commitment requires a narrative description and may be competitively ranked based on demonstrated commitment and public benefit.] **

**See Section 3.1, an awardee remains responsible for compliance with and subject to enforcement of all applicable federal, state, and local laws, . Page 13 of 32

USDA will use a Grant Agreement to provide the Federal award to successful applicants.

New application. All new applications will be reviewed competitively using the selection process and evaluation criteria described in Section 6.1.

The anticipated amount available for the FLSP Program in FY 2023 is up to $65,000,000. The maximum award amount is $2,000,000 and the minimum amount is $25,000 per grant agreement. However, the agency retains the discretion to award a larger or lesser amount. Funding will be issued as competitive awards. Enactment of additional continuing resolutions or a full appropriations act or other legislation may affect the availability or level of funding for this program. Award size varies by project type and applicants may not request less than or more than the respective minimum/maximum amounts for each project type.

USDA is not committed to fund any particular application or to make a specific number of awards.

Grant recipients must complete their grant activities within the performance period (24 months). USDA expects to announce awards in early 2024.

The performance period start date will be noted on the Notice of Agreement (i.e. the grant agreement) and coincide with official USDA award selection and announcement. Over the course of the 24-month grant period, awardees must provide confirmation that the Awardee’s H-2A job order has been accepted and circulated by the pertinent state workforce agency (SWA) and their approved USCIS I-129 Petition. Each Job Order is based on a temporary, seasonal need, and must be separately approved. The two-year grant period for this program does not denote or guarantee DOL certification. With prior approval, no-cost extensions may be granted to awardees if needed.

The H-2A Temporary, Agricultural Employment of Foreign Workers Program (“the H-2A program”) as outlined in Section 218 of the Immigration and Nationality Act is designed to address labor shortages in the case of insufficient U.S.-based workers if other conditions are met, including that the employer has a temporary or seasonal need for the requested agricultural labor or services in the temporary certification application.

Therefore, eligibility for this competitive grant program is limited to domestic agricultural employers who 1) anticipate meeting all Department of Labor (DOL) and Department of Homeland Security (DHS) regulatory requirements for the H-2A program, including demonstrated effort to effectively recruit U.S.-based workers and hire all willing, able, and qualified U.S. workers; and 2) commit to, and indicate capacity to fulfill all Baseline Requirements, as well as any selected (elective) worker benefits and protections outlined in

2.0 FEDERAL AWARD INFORMATION

2.1 TYPE OF FEDERAL ASSISTANCE

2.2 TYPE OF APPLICATIONS

2.3 AVAILABLE FUNDING

2.4 FEDERAL AWARD PERIOD AND DURATION

3.0 ELIGIBILITY INFORMATION

3.1 ELIGIBLE APPLICANTS

https://flag.dol.gov/programs/H-2A#%3A%7E%3Atext%3DThe%20H-2A%20temporary%20agricultural%20program%20allows%20agricultural%20employers%2Clevels%20above%20what%20is%20necessary%20for%20ongoing%20operations https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1188&num=0&edition=prelim

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Supplemental Employee Commitments sections of the NFO. This includes fixed-site employers, joint-employers, agricultural associations, and H-2A labor contractors (see Section 9.0 Definitions).

The FLSP grant does not dictate who is considered an employer for the purposes of DOL’s labor certification process or for compliance with the requirements of the H-2A program requirements and subsequent enforcement. For the purposes of this program “agricultural employers” are defined per 29 CFR 501.3 and 20 CFR 655.103(b) as “A person (including any individual, partnership, association, corporation, cooperative, firm, joint stock company, trust, or other organization with legal rights and duties) that: (i) Has an employment relationship (such as the ability to hire, pay, fire, supervise, or otherwise control the work of employee) with respect to an H–2A worker or a worker in corresponding employment; or (ii) Files an Application for Temporary Employment Certification other than as an agent; or (iii) Is a person on whose behalf an Application of Temporary Employment Certification is filed.” See Section 3.4 to determine the implications of applying as a certain type of employer.

There is no limit on the number or percentage of U.S.-based employees that applicants hire, and applicants are required to actively recruit, and, subject to the regulations, employ qualified and available US-based workers, in accordance with the Foreign Labor Certification program requirements. Any award received through this program does not guarantee a successful determination of certification from the DOL Office of Foreign Labor Certification.

Grant applicants that have submitted an H-2A Job Order (ETA 790A) and (via recruitment efforts required by the H-2A program of any additional efforts) have subsequently hired U.S. workers, will also be eligible for full awards.

An awardee remains responsible for compliance with and subject to enforcement of all applicable federal, state, and local laws, including investigations by the U.S. Department of Labor to determine the awardee’s compliance with the H-2A program’s requirements under 8 U.S.C. 1188, 20 CFR part 655, subpart B, and 29 CFR part 501. Applicants and/or their authorized attorneys or agents must submit completed job orders to a State Workforce Agency (SWA) no more than 75 calendar days and no fewer than 60 calendar days before the applicant’s first date of need, except in emergency situations that satisfy the criteria of 20 CFR 655.134.

Award payments will be conditional upon applicants submitting the materials specified in Section 7.3.

The H-2A temporary agricultural program allows agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature. Employment of a seasonal nature is tied to a certain time of year by an event or pattern, such as a short annual growing cycle, and requires labor levels above what is necessary for ongoing operations. Employment is of a temporary nature when the employer's need to fill the position with a temporary worker will, except in extraordinary circumstances, last no longer than one year. The following is a general overview of the process.

Employers must demonstrate to Department of Labor (DOL) that:

• There are insufficient U.S. workers available to perform the labor or services in the labor certification application, and

• That the employment of foreign workers will not adversely affect the wages and working conditions of workers in the U.S. similarly employed.

3.2 ABOUT THE H-2A TEMPORARY FOREIGN AGRICULTURAL WORKERS PROGRAM

https://www.govinfo.gov/content/pkg/CFR-2022-title29-vol3/pdf/CFR-2022-title29-vol3-sec501-3.pdf

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See Department of Labor website for more information: H-2A Temporary Certification for Agriculture Workers | Flag.dol.gov

If certified by DOL, employers may then petition the Department of Homeland Security to employ foreign workers to perform temporary or seasonal agricultural work including, but not limited to, planting, cultivating, or harvesting crops.

To qualify for H-2A nonimmigrant classification, the petitioner must:

• Offer a job that is of a temporary or seasonal nature.

• Demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.

• Show that employing H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.

• Generally, submit a single valid temporary labor certification from the U.S. Department of Labor with the H-2A petition. (A limited exception to this requirement exists in certain “emergent circumstances.” See e.g., 8 CFR 214.2(h)(5)(x) for specific details.) Generally, USCIS may grant H-2A classification for up to the period of time authorized on the temporary labor certification. H-2A classification may be extended for qualifying employment in increments of up to 1 year each. A new, valid temporary labor certification covering the requested time must accompany each extension request. The maximum period of stay in H-2A classification is 3 years. The regulations related to the H-2A program are separate from the grant application or reporting requirements of the FLSP and administered by DOL, DHS, and the State Department.

After USCIS approves Form I-129, prospective H-2A workers who are outside the United States must:

• Apply for an H-2A visa with the U.S. Department of State (DOS) at a U.S. Embassy or Consulate abroad and then seek admission to the United States with U.S. Customs and Border Protection (CBP) at a U.S. port of entry; or

• Directly seek admission to the United States in H-2A classification with CBP at a U.S. port of entry, if a worker does not require a visa in cases where an H-2A visa is not required.

See Department of Homeland Security, U.S. Citizenship and Immigration Services website (H-2A Temporary Agricultural Workers) for more information.

The FLSP grant program is separate and distinct from the terms and conditions of employment required under the H-2A program, 8 U.S.C. 1188, 20 CFR part 655, subpart B, and 29 CFR part 501. A designation of eligibility or non-eligibility under the FLSP does not determine an entity’s status as an employer under the H- 2A program, nor does it create guarantees or rights to a favorable labor certification determination from DOL or DHS. An awardee remains subject to all applicable federal, state, and local laws and remains subject to full enforcement of the H-2A program’s requirements.

https://flag.dol.gov/programs/H-2A https://flag.dol.gov/programs/H-2A https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-2a-temporary-agricultural-workers https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-2a-temporary-agricultural-workers

Based on your employer type, applicants can apply for FLSP funding in the following ways:

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3.3 APPLICATION TYPES

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Applicants identified in the SAM.gov exclusions database as ineligible, prohibited/ restricted, or excluded from receiving Federal contracts and certain Federal assistance and benefits will not be considered for Federal funding, as applicable to the funding being requested under this Federal program (2 CFR 200.206(d)). Neither foreign entities nor individuals are eligible to apply for this opportunity.

Any award made pursuant to this NFO will be made to a single entity. Applicants that apply as “partnerships” or other similar groupings such as a growers’ association or joint employers, must clearly describe the relationship between the primary (lead) applicant and the sub-awardee “partner” parties. See Section 3.4 to learn more about Application Types.

In all but exceptional cases, this relationship will be reflected in the award as an Awardee/Sub-Awardee relationship. Any and all Sub-Awardees must indicate their full commitment to all FLSP requirements, equal to or surpassing the commitments indicated by the Primary applicant and submit a signed Partnership Letter of Commitment. The Primary (lead) applicant has the ultimate responsibility for the financial management, overall planning, organizational management, and implementation of the grant.

Irrespective of Sub-Awardees, applicants may choose to partner with non-Sub-Awardee entities, either for recruitment purposes (i.e., any and all private recruiters), to strengthen their application, and/or to meet the elective requirements in the Supplemental Employee Commitments Section 1.3. If the applicant’s approach includes partnership with a third-party (non-Sub-Awardee) organization, they must include a detailed description of the partnership, including the partnering organization(s)’ mission, and its experience and history of direct collaboration, service, or engagement with agricultural workers. Applicants should describe the nature of the partnership, time period and history of the partnership, frequency of engagement, and other relevant details. The partner organization(s) must also submit a signed letter of commitment.

An applicant organization may not be a party in more than one application. In the case of applications submitted as revisions or corrections to a previously submitted application under this NFO, the agency will consider the last application submitted prior to the established deadline.

There is no cost sharing or matching requirement for this opportunity. There is no competitive advantage to applicants who voluntarily provide a match.

This award is subject to the terms and conditions, cost principles, and other considerations described in the FLSP General Terms and Conditions. Applicants that have questions concerning the allowability of costs after reviewing this document should contact USDA staff using the contact information listed under Section 8.0.

3.4 ELIGIBILITY RESTRICTIONS

4.0 FUNDING CONSIDERATIONS

4.1 PARTNERSHIPS AND SUB-AWARDEES

4.2 COST SHARING OR MATCHING

4.3 ALLOWABLE AND UNALLOWABLE COSTS AND ACTIVITIES

https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200#200.206 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200#200.206 https://www.ams.usda.gov/sites/default/files/media/FLSPTerms.pdf

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Only electronic applications may be submitted via Grants.gov in response to this NFO. Applicants are strongly encouraged to submit their materials early via Grants.gov. For an overview of the Grants.gov application process, see Grants.gov’s Apply for Grants webpage. This NFO contains the information needed to obtain and complete the required application forms. More information about applying through Grants.gov can be found in Sections 5.3 and 5.4.

Applicants can find the opportunity under either the Assistance Listing number “10.978” or the FSLPP Funding Opportunity Number “USDA-FSA-OA-FLSP-G-23-0001”.

Required. Standard Form (SF)-424 is available via the opportunity at Grants.gov. Most information blocks on the required form are either self-explanatory or explained in the instructions. However, applicants must use the following supplemental instructions associated with specific blocks on form SF-424.

Block Instructions

#1 Type of Submission Application #2 Type of Application New #4 through #7 Not required #8c Organizational DUNS or New Unique Entity Identifier (UEI)

Applicant UEI for the Organization submitting the application.

NOTE: Applicants that apply for a grant must be capable of managing and monitoring Federal funds and project activities and outcomes. Recipients cannot transfer the award to another recipient organization once a grant is awarded (you may not apply under one UEI number and switch to another later). Refer to section.

#8d Address Enter the organization street address as it appears in SAM.gov.

P.O. Boxes not accepted. Enter a 9-digit zip code.

#10 Name of Federal Agency FSA, USDA - This will auto-populate.

#11 Assistance Listing Number 10.978 - This will auto-populate.

#12 Funding Opportunity Number USDA-FSA-OA-FLSP-G-23-0001 - This will auto-populate.

Ensure you are applying for the correct grant program.

#13 Competition Identification Number Not applicable #14 Areas Affected by Project Enter cities, counties, states affected by project #15 Descriptive Title of Applicant’s Project Provide a short description of the project.

#16a Congressional Districts for Applicant Enter the Congressional district where your main office is located.

#16b Congressional Districts for Program/Project Enter the Congressional district where your project will be implemented. Write “All” if the projects will be implemented in more than one location.

5.0 APPLICATION AND SUBMISSION INFORMATION

5.1 ELECTRONIC APPLICATION MATERIALS

5.2 CONTENTS OF AN APPLICATION SUBMISSION

5.2.1 SF-424 APPLICATION FOR FEDERAL ASSISTANCE

http://www.grants.gov/web/grants/applicants/apply-for-grants.html

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Block Instructions #17 Proposed Project Start Date and End Date Provide proposed start and end dates. These are subject to change based on contingencies discussed in this NFO.

#18 Estimated Funding – Federal Total Federal award requested.

#18b Estimated Funding – Applicant Not applicable.

#19 Is Applicant Subject to Review by State Under Executive Order 12372 Process.

Program is not subject to Executive Order 12372.

Required. The Project Abstract Executive Summary must be submitted in Grant.gov; this summary should be the same as the Question 10 in the “FLSP Project Narrative Form”. In this summary, the applicant must describe, in 250 words or less, their FLSP activities, including key Employer Plans and Practices and—if applicable—Supplemental Employee Commitments, and key partners or collaborators. Applicants should provide a clear and concise description of the potential impact and/or challenges addressed their proposal.

This summary will be made available to the public. USDA recommends completing this summary after completing the entire application.

Required. All applicants for all project types are required to prepare and submit a narrative using the FLSP Project Narrative Form. The form and instructions are available on the “How do I Apply for an FLSP Grant” webpage. The Project Narrative must clearly describe the impact on the operation, description of Employer Plans and Practices, and description of the applicant’s plan for each Supplemental Employee Commitment to which the applicant has committed. An application will not be funded if it does not adequately address each of the three priorities outlined for the program in the Notice of Funding Opportunity Summary above and if it does not meet all regulatory requirements of the H-2A program.

DO NOT modify the FLSP Project Narrative Form. Evaluation points will be deducted if the Project Narrative Form is modified. Applicants must submit the FLSP Project Narrative Form as a PDF and attached to the Grants.gov application package using the “Project Narrative Attachment Form” link on the application package. Handwritten applications or applications submitted in a format other than PDF will not be accepted. Prior to submitting the application to Grants.gov, be sure to accept all tracked changes and/or mark-up edits.

Required for some applicants. Applications that involve a partnership(s) and/or Sub-Awardee must include a signed letter of commitment, detailing the description of the partnership, from each entity. The “Partnership Letter Template” is available on the “How do I Apply for an FLSP Grant” webpage. See Section

4.1 for more details on partnerships.

Required for some applicants. All applicants that intend to utilize a non-governmental (private) recruiter must include a signed letter of commitment, with the recruiter’s written responses to all questions about

5.2.2 PROJECT ABSTRACT (EXECUTIVE) SUMMARY

5.2.3 APPLICATION PROJECT NARRATIVE FORM

5.2.4 SIGNED PARTNERSHIP OR SUB-AWARDEE LETTERS

5.2.5 RECRUITER LETTER OF COMMITMENT

https://www.ecfr.gov/current/title-24/subtitle-B/chapter-V/subchapter-C/part-570/subpart-K/section-570.612 https://www.ams.usda.gov/sites/default/files/media/FLSP_NarrativeForm.pdf https://www.ams.usda.gov/services/grants/flsp/apply https://www.ams.usda.gov/services/grants/flsp/apply

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Required for some applicants. Any applicants engaged in a worker-driven social responsibility program or collective bargaining agreement must submit evidence of their contract, or communication from the WSR program or union that they are in good standing.

The applicant organization registration process can take up to four weeks to complete. Therefore, complete your registration allowing enough time to ensure it does not impact your ability to meet required application submission deadlines.

1) Obtain a Unique Entity Identifier (UEI): All entities applying for funding, including renewal funding, must have a Unique Entity Identifier from SAM.gov.