
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 106-400 Section 2]
[Document affected by Public Law 107-110 Section 1076(w)]
[CITE: 29USC2801]

 
                             TITLE 29--LABOR
 
                CHAPTER 30--WORKFORCE INVESTMENT SYSTEMS
 
             SUBCHAPTER I--WORKFORCE INVESTMENT DEFINITIONS
 
Sec. 2801. Definitions

    In this chapter:

                              (1) Adult

        Except in sections 2852 and 2862 of this title, the term 
    ``adult'' means an individual who is age 18 or older.

    (2) Adult education; adult education and literacy activities

        The terms ``adult education'' and ``adult education and literacy 
    activities'' have the meanings given the terms in section 9202 of 
    title 20.

                (3) Area vocational education school

        The term ``area vocational education school'' has the meaning 
    given the term in section 2302 \1\ of title 20.
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    \1\ See References in Text note below.
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                     (4) Basic skills deficient

        The term ``basic skills deficient'' means, with respect to an 
    individual, that the individual has English reading, writing, or 
    computing skills at or below the 8th grade level on a generally 
    accepted standardized test or a comparable score on a criterion-
    referenced test.

                         (5) Case management

        The term ``case management'' means the provision of a client-
    centered approach in the delivery of services, designed--
            (A) to prepare and coordinate comprehensive employment 
        plans, such as service strategies, for participants to ensure 
        access to necessary workforce investment activities and 
        supportive services, using, where feasible, computer-based 
        technologies; and
            (B) to provide job and career counseling during program 
        participation and after job placement.

                     (6) Chief elected official

        The term ``chief elected official'' means--
            (A) the chief elected executive officer of a unit of general 
        local government in a local area; and
            (B) in a case in which a local area includes more than one 
        unit of general local government, the individuals designated 
        under the agreement described in section 2832(c)(1)(B) of this 
        title.

                  (7) Community-based organization

        The term ``community-based organization'' means a private 
    nonprofit organization that is representative of a community or a 
    significant segment of a community and that has demonstrated 
    expertise and effectiveness in the field of workforce investment.

                       (8) Customized training

        The term ``customized training'' means training--
            (A) that is designed to meet the special requirements of an 
        employer (including a group of employers);
            (B) that is conducted with a commitment by the employer to 
        employ an individual on successful completion of the training; 
        and
            (C) for which the employer pays for not less than 50 percent 
        of the cost of the training.

                        (9) Dislocated worker

        The term ``dislocated worker'' means an individual who--
            (A)(i) has been terminated or laid off, or who has received 
        a notice of termination or layoff, from employment;
            (ii)(I) is eligible for or has exhausted entitlement to 
        unemployment compensation; or
            (II) has been employed for a duration sufficient to 
        demonstrate, to the appropriate entity at a one-stop center 
        referred to in section 2864(c) of this title, attachment to the 
        workforce, but is not eligible for unemployment compensation due 
        to insufficient earnings or having performed services for an 
        employer that were not covered under a State unemployment 
        compensation law; and
            (iii) is unlikely to return to a previous industry or 
        occupation;
            (B)(i) has been terminated or laid off, or has received a 
        notice of termination or layoff, from employment as a result of 
        any permanent closure of, or any substantial layoff at, a plant, 
        facility, or enterprise;
            (ii) is employed at a facility at which the employer has 
        made a general announcement that such facility will close within 
        180 days; or
            (iii) for purposes of eligibility to receive services other 
        than training services described in section 2864(d)(4) of this 
        title, intensive services described in section 2864(d)(3) of 
        this title, or supportive services, is employed at a facility at 
        which the employer has made a general announcement that such 
        facility will close;
            (C) was self-employed (including employment as a farmer, a 
        rancher, or a fisherman) but is unemployed as a result of 
        general economic conditions in the community in which the 
        individual resides or because of natural disasters; or
            (D) is a displaced homemaker.

                      (10) Displaced homemaker

        The term ``displaced homemaker'' means an individual who has 
    been providing unpaid services to family members in the home and 
    who--
            (A) has been dependent on the income of another family 
        member but is no longer supported by that income; and
            (B) is unemployed or underemployed and is experiencing 
        difficulty in obtaining or upgrading employment.

                 (11) Economic development agencies

        The term ``economic development agencies'' includes local 
    planning and zoning commissions or boards, community development 
    agencies, and other local agencies and institutions responsible for 
    regulating, promoting, or assisting in local economic development.

                       (12) Eligible provider

        The term ``eligible provider'', used with respect to--
            (A) training services, means a provider who is identified in 
        accordance with section 2842(e)(3) of this title;
            (B) intensive services, means a provider who is identified 
        or awarded a contract as described in section 2864(d)(3)(B) of 
        this title;
            (C) youth activities, means a provider who is awarded a 
        grant or contract in accordance with section 2843 of this title; 
        or
            (D) other workforce investment activities, means a public or 
        private entity selected to be responsible for such activities, 
        such as a one-stop operator designated or certified under 
        section 2841(d) of this title.

                         (13) Eligible youth

        Except as provided in subchapters III and IV of this chapter, 
    the term ``eligible youth'' means an individual who--
            (A) is not less than age 14 and not more than age 21;
            (B) is a low-income individual; and
            (C) is an individual who is one or more of the following:
                (i) Deficient in basic literacy skills.
                (ii) A school dropout.
                (iii) Homeless, a runaway, or a foster child.
                (iv) Pregnant or a parent.
                (v) An offender.
                (vi) An individual who requires additional assistance to 
            complete an educational program, or to secure and hold 
            employment.

                (14) Employment and training activity

        The term ``employment and training activity'' means an activity 
    described in section 2864 of this title that is carried out for an 
    adult or dislocated worker.

                             (15) Family

        The term ``family'' means two or more persons related by blood, 
    marriage, or decree of court, who are living in a single residence, 
    and are included in one or more of the following categories:
            (A) A husband, wife, and dependent children.
            (B) A parent or guardian and dependent children.
            (C) A husband and wife.

                            (16) Governor

        The term ``Governor'' means the chief executive of a State.

                  (17) Individual with a disability

        (A) In general

            The term ``individual with a disability'' means an 
        individual with any disability (as defined in section 12102 of 
        title 42).

        (B) Individuals with disabilities

            The term ``individuals with disabilities'' means more than 
        one individual with a disability.

                       (18) Labor market area

        The term ``labor market area'' means an economically integrated 
    geographic area within which individuals can reside and find 
    employment within a reasonable distance or can readily change 
    employment without changing their place of residence. Such an area 
    shall be identified in accordance with criteria used by the Bureau 
    of Labor Statistics of the Department of Labor in defining such 
    areas or similar criteria established by a Governor.

                            (19) Literacy

        The term ``literacy'' has the meaning given the term in section 
    9202 of title 20.

                           (20) Local area

        The term ``local area'' means a local workforce investment area 
    designated under section 2831 of this title.

                          (21) Local board

        The term ``local board'' means a local workforce investment 
    board established under section 2832 of this title.

                   (22) Local performance measure

        The term ``local performance measure'' means a performance 
    measure established under section 2871(c) of this title.

                    (23) Local educational agency

        The term ``local educational agency'' has the meaning given the 
    term in section 8801 of title 20.

               (24) Lower living standard income level

        The term ``lower living standard income level'' means that 
    income level (adjusted for regional, metropolitan, urban, and rural 
    differences and family size) determined annually by the Secretary 
    based on the most recent lower living family budget issued by the 
    Secretary.

                     (25) Low-income individual

        The term ``low-income individual'' means an individual who--
            (A) receives, or is a member of a family that receives, cash 
        payments under a Federal, State, or local income-based public 
        assistance program;
            (B) received an income, or is a member of a family that 
        received a total family income, for the 6-month period prior to 
        application for the program involved (exclusive of unemployment 
        compensation, child support payments, payments described in 
        subparagraph (A), and old-age and survivors insurance benefits 
        received under section 402 of title 42) that, in relation to 
        family size, does not exceed the higher of--
                (i) the poverty line, for an equivalent period; or
                (ii) 70 percent of the lower living standard income 
            level, for an equivalent period;

            (C) is a member of a household that receives (or has been 
        determined within the 6-month period prior to application for 
        the program involved to be eligible to receive) food stamps 
        pursuant to the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.);
            (D) qualifies as a homeless individual, as defined in 
        subsections (a) and (c) of section 11302 of title 42;
            (E) is a foster child on behalf of whom State or local 
        government payments are made; or
            (F) in cases permitted by regulations promulgated by the 
        Secretary of Labor, is an individual with a disability whose own 
        income meets the requirements of a program described in 
        subparagraph (A) or of subparagraph (B), but who is a member of 
        a family whose income does not meet such requirements.

                   (26) Nontraditional employment

        The term ``nontraditional employment'' refers to occupations or 
    fields of work for which individuals from one gender comprise less 
    than 25 percent of the individuals employed in each such occupation 
    or field of work.

                            (27) Offender

        The term ``offender'' means any adult or juvenile--
            (A) who is or has been subject to any stage of the criminal 
        justice process, for whom services under this Act may be 
        beneficial; or
            (B) who requires assistance in overcoming artificial 
        barriers to employment resulting from a record of arrest or 
        conviction.

                        (28) Older individual

        The term ``older individual'' means an individual age 55 or 
    older.

                       (29) One-stop operator

        The term ``one-stop operator'' means 1 or more entities 
    designated or certified under section 2841(d) of this title.

                        (30) One-stop partner

        The term ``one-stop partner'' means--
            (A) an entity described in section 2841(b)(1) of this title; 
        and
            (B) an entity described in section 2841(b)(2) of this title 
        that is participating, with the approval of the local board and 
        chief elected official, in the operation of a one-stop delivery 
        system.

                      (31) On-the-job training

        The term ``on-the-job training '' means training by an employer 
    that is provided to a paid participant while engaged in productive 
    work in a job that--
            (A) provides knowledge or skills essential to the full and 
        adequate performance of the job;
            (B) provides reimbursement to the employer of up to 50 
        percent of the wage rate of the participant, for the 
        extraordinary costs of providing the training and additional 
        supervision related to the training; and
            (C) is limited in duration as appropriate to the occupation 
        for which the participant is being trained, taking into account 
        the content of the training, the prior work experience of the 
        participant, and the service strategy of the participant, as 
        appropriate.

                         (32) Outlying area

        The term ``outlying area'' means the United States Virgin 
    Islands, Guam, American Samoa, the Commonwealth of the Northern 
    Mariana Islands, the Republic of the Marshall Islands, the Federated 
    States of Micronesia, and the Republic of Palau.

                      (33) Out-of-school youth

        The term ``out-of-school youth'' means--
            (A) an eligible youth who is a school dropout; or
            (B) an eligible youth who has received a secondary school 
        diploma or its equivalent but is basic skills deficient, 
        unemployed, or underemployed.

                          (34) Participant

        The term ``participant'' means an individual who has been 
    determined to be eligible to participate in and who is receiving 
    services (except followup services authorized under this chapter) 
    under a program authorized by this chapter. Participation shall be 
    deemed to commence on the first day, following determination of 
    eligibility, on which the individual began receiving subsidized 
    employment, training, or other services provided under this chapter.

             (35) Postsecondary educational institution

        The term ``postsecondary educational institution'' means an 
    institution of higher education, as defined in section 1002 of title 
    20.

                          (36) Poverty line

        The term ``poverty line'' means the poverty line (as defined by 
    the Office of Management and Budget, and revised annually in 
    accordance with section 9902(2) of title 42) applicable to a family 
    of the size involved.

                       (37) Public assistance

        The term ``public assistance'' means Federal, State, or local 
    government cash payments for which eligibility is determined by a 
    needs or income test.

                    (38) Rapid response activity

        The term ``rapid response activity'' means an activity provided 
    by a State, or by an entity designated by a State, with funds 
    provided by the State under section 2864(a)(1)(A) of this title, in 
    the case of a permanent closure or mass layoff at a plant, facility, 
    or enterprise, or a natural or other disaster, that results in mass 
    job dislocation, in order to assist dislocated workers in obtaining 
    reemployment as soon as possible, with services including--
            (A) the establishment of onsite contact with employers and 
        employee representatives--
                (i) immediately after the State is notified of a current 
            or projected permanent closure or mass layoff; or
                (ii) in the case of a disaster, immediately after the 
            State is made aware of mass job dislocation as a result of 
            such disaster;

            (B) the provision of information and access to available 
        employment and training activities;
            (C) assistance in establishing a labor-management committee, 
        voluntarily agreed to by labor and management, with the ability 
        to devise and implement a strategy for assessing the employment 
        and training needs of dislocated workers and obtaining services 
        to meet such needs;
            (D) the provision of emergency assistance adapted to the 
        particular closure, layoff, or disaster; and
            (E) the provision of assistance to the local community in 
        developing a coordinated response and in obtaining access to 
        State economic development assistance.

                         (39) School dropout

        The term ``school dropout'' means an individual who is no longer 
    attending any school and who has not received a secondary school 
    diploma or its recognized equivalent.

                        (40) Secondary school

        The term ``secondary school'' has the meaning given the term in 
    section 8801 of title 20.

                           (41) Secretary

        The term ``Secretary'' means the Secretary of Labor, and the 
    term means such Secretary for purposes of section 9273 of title 20.

                             (42) State

        The term ``State'' means each of the several States of the 
    United States, the District of Columbia, and the Commonwealth of 
    Puerto Rico.

              (43) State adjusted level of performance

        The term ``State adjusted level of performance'' means a level 
    described in clause (iii) or (v) of section 2871(b)(3)(A) of this 
    title.

                          (44) State board

        The term ``State board'' means a State workforce investment 
    board established under section 2821 of this title.

                   (45) State performance measure

        The term ``State performance measure'' means a performance 
    measure established under section 2871(b) of this title.

                      (46) Supportive services

        The term ``supportive services'' means services such as 
    transportation, child care, dependent care, housing, and needs-
    related payments, that are necessary to enable an individual to 
    participate in activities authorized under this chapter, consistent 
    with the provisions of this chapter.

                     (47) Unemployed individual

        The term ``unemployed individual'' means an individual who is 
    without a job and who wants and is available for work. The 
    determination of whether an individual is without a job shall be 
    made in accordance with the criteria used by the Bureau of Labor 
    Statistics of the Department of Labor in defining individuals as 
    unemployed.

                (48) Unit of general local government

        The term ``unit of general local government'' means any general 
    purpose political subdivision of a State that has the power to levy 
    taxes and spend funds, as well as general corporate and police 
    powers.

                  (49) Veteran; related definition

        (A) Veteran

            The term ``veteran'' means an individual who served in the 
        active military, naval, or air service, and who was discharged 
        or released from such service under conditions other than 
        dishonorable.

        (B) Recently separated veteran

            The term ``recently separated veteran'' means any veteran 
        who applies for participation under this chapter within 48 
        months after the discharge or release from active military, 
        naval, or air service.

                      (50) Vocational education

        The term ``vocational education'' has the meaning given the term 
    in section 2471 \2\ of title 20.
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    \2\ See References in Text note below.
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                 (51) Workforce investment activity

        The term ``workforce investment activity'' means an employment 
    and training activity, and a youth activity.

                         (52) Youth activity

        The term ``youth activity'' means an activity described in 
    section 2854 of this title that is carried out for eligible youth 
    (or as described in section 2854(c)(5) of this title).

                         (53) Youth council

        The term ``youth council'' means a council established under 
    section 2832(h) of this title.

(Pub. L. 105-220, title I, Sec. 101, Aug. 7, 1998, 112 Stat. 939; Pub. 
L. 105-244, title I, Sec. 102(d)(1), Oct. 7, 1998, 112 Stat. 1622; Pub. 
L. 105-332, Sec. 3(f), Oct. 31, 1998, 112 Stat. 3126; Pub. L. 106-400, 
Sec. 2, Oct. 30, 2000, 114 Stat. 1675.)

                       References in Text

    This chapter, referred to in text, was in the original ``this 
title'' meaning title I of Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 939, 
as amended, which enacted this chapter, repealed sections 1501 to 1505, 
1511 to 1583, 1592 to 1735, 1737 to 1791h, 1792 to 1792b, 2301 to 2314 
of this title, section 211 of Title 40, Appendix, Public Buildings, 
Property, and Works, sections 11421, 11441 to 11447, 11449, 11450, 11461 
to 11466, 11471, and 11472 of Title 42, The Public Health and Welfare, 
and sections 42101 to 42106 of Title 49, Transportation, enacted 
provisions set out as notes under sections 1501, 2301, and 2940 of this 
title and section 11421 of Title 42, and repealed provisions set out as 
notes under sections 801 and 2301 of this title and section 1255a of 
Title 8, Aliens and Nationality. For complete classification of title I 
to the Code, see Tables.
    Section 2302 of title 20, referred to in par. (3), defines the term 
``area vocational and technical education school'' but not the term 
``area vocational education school''.
    The Food Stamp Act of 1977, referred to in par. (25)(C), is Pub. L. 
88-525, Aug. 31, 1964, 78 Stat. 703, as amended, which is classified 
generally to chapter 51 (Sec. 2011 et seq.) of Title 7, Agriculture. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 2011 of Title 7 and Tables.
    This Act, referred to in par. (27)(A), is Pub. L. 105-220, Aug. 7, 
1998, 112 Stat. 936, as amended, known as the Workforce Investment Act 
of 1998. For complete classification of this Act to the Code, see Short 
Title note set out under section 9201 of Title 20, Education, and 
Tables.
    Section 2471 of title 20, referred to in par. (50), was omitted in 
the general amendment of chapter 44 (Sec. 2301 et seq.) of Title 20, 
Education, by Pub. L. 105-332, Sec. 1(b), Oct. 31, 1998, 112 Stat. 3076.


                            Prior Provisions

    Provisions similar to this section were contained in section 1503 of 
this title prior to repeal by Pub. L. 105-220.


                               Amendments

    2000--Par. (25)(D). Pub. L. 106-400 made technical amendment to 
reference in original act which appears in text as reference to section 
11302 of title 42.
    1998--Par. (3). Pub. L. 105-332 substituted ``section 2302 of title 
20'' for ``section 2471 of title 20''.
    Par. (35). Pub. L. 105-244 substituted ``section 1002 of title 20'' 
for ``section 1088 of title 20''.


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as 
otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-244, 
set out as a note under section 1001 of Title 20, Education.


                          Declaration of Policy

    Pub. L. 102-367, title I, Sec. 101(a), Sept. 7, 1992, 106 Stat. 
1022, provided that: ``In recognition of the training needs of low-
income adults and youth, the Congress declares it to be the policy of 
the United States to--
        ``(1) provide financial assistance to States and local service 
    delivery areas to meet the training needs of such low-income adults 
    and youth, and to assist such individuals in obtaining unsubsidized 
    employment;
        ``(2) increase the funds available for programs under title II 
    of the Job Training Partnership Act ([former] 29 U.S.C. 1601 et 
    seq.) by not less than 10 percent of the baseline each fiscal year 
    to provide for growth in the percentage of eligible adults and youth 
    served above the 5 percent of the eligible population that is 
    currently served; and
        ``(3) encourage the provision of longer, more comprehensive, 
    education, training, and employment services to the eligible 
    population, which also requires increased funding in order to 
    maintain current service levels.''


                         Transitional Provisions

    For provisions relating to transition from authority under the Job 
Training Partnership Act (29 U.S.C. 1501 et seq.) to the workforce 
investment systems established under this chapter, including provisions 
relating to regulations, expenditures, and reorganization of functions 
in the Department of Labor, see section 9276 of Title 20, Education.

  Ex. Ord. No. 13174. Commission on Workers, Communities, and Economic 
                        Change in the New Economy

    Ex. Ord. No. 13174, Oct. 27, 2000, 65 F.R. 65705, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including the Federal Advisory 
Committee Act, as amended (5 U.S.C. App.), it is hereby ordered as 
follows:
    Section 1. Establishment. There is established the ``Commission on 
Workers, Communities, and Economic Change in the New Economy'' 
(Commission). The Commission shall be composed of up to 14 persons to be 
appointed by the President from individuals who represent State or local 
agencies relating to workforce or community development, economists or 
other workforce development experts, labor organizations, business 
leaders, and Members of Congress. The President shall designate a 
Chairperson from among the members of the Commission.
    Sec. 2. Functions. The Commission shall conduct a study of matters 
relating to economic dislocation, and worker and community adjustment to 
such dislocations. In carrying out this study, the Commission shall 
examine:
        (a) the impact of international trade, technology, 
    globalization, and the changing nature of work on both workers and 
    their communities;
        (b) the effectiveness of existing Federal programs in assisting 
    workers and communities in adjusting to economic change, including 
    the adequacy of the design of such programs;
        (c) the strategies for providing workplace education and 
    training to assist workers in acquiring new skills;
        (d) the strategies for assisting communities to adjust to 
    changing economic conditions and changes in the mix of employment 
    opportunities in those communities;
        (e) the role of public-private partnerships in implementing job 
    training and community assistance; and
        (f) the role of income support and economic security programs in 
    facilitating worker adjustment to rapidly changing economic 
    circumstances.
    Sec. 3. Report. Not later than 12 months after the first meeting of 
the Commission, the Commission shall prepare and submit to the President 
and the Congress a report that contains a detailed statement of the 
findings and conclusions of the Commission's study carried out under 
section 2 of this order, and includes:
        (1) a summary of best practices and policies carried out by 
    employers and public-private partnerships in providing workers with 
    the education and training needed to effectively adjust to economic 
    change;
        (2) a summary of best practices and policies carried out by or 
    on behalf of communities in responding to large-scale economic 
    changes; and
        (3) any recommendations relating to legislative and 
    administrative actions that the Commission determines to be 
    appropriate.
    Sec. 4. Administration. (a) Members of the Commission shall serve 
without compensation for their work on the Commission. While engaged in 
the work of the Commission, members appointed from among private 
citizens of the United States may be allowed travel expenses, including 
per diem in lieu of subsistence, as authorized by law for persons 
serving intermittently in the Government service (5 U.S.C. 5701-5707).
    (b) The Department of Labor shall provide the Commission with 
funding and administrative support. The Commission may have paid staff. 
In addition, appropriate Federal agencies may be requested to designate 
staff to assist with the work of the Commission. The Secretary of Labor 
shall perform the functions of the President under the Federal Advisory 
Committee Act, as amended (5 U.S.C. App.), except that of reporting to 
the Congress, in accordance with the guidelines and procedures 
established by the Administrator of General Services.
    Sec. 5. General Provisions. The Commission shall terminate 30 days 
after submitting its report.
                                                     William J. Clinton.

                  Section Referred to in Other Sections

    This section is referred to in section 705 of this title; title 20 
sections 9202, 9272; title 42 sections 603, 9908.
