§ 2801. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[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 7801 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 7801 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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(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; Pub. L. 107-110, title X,
Sec. 1076(w), Jan. 8, 2002, 115 Stat. 2093.)
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 former 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
2002--Pars. (23), (40). Pub. L. 107-110 substituted ``section 7801
of title 20'' for ``section 8801 of title 20''.
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 2002 Amendment
Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with
respect to certain noncompetitive programs and competitive programs, see
section 5 of Pub. L. 107-110, set out as an Effective Date note under
section 6301 of Title 20, Education.
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.
Executive Order No. 13174
Ex. Ord. No. 13174, Oct. 27, 2000, 65 F.R. 65705, which established
the Commission on Workers, Communities, and Economic Change in the New
Economy, was revoked by Ex. Ord. No. 13218, Sec. 3(b), June 20, 2001, 66
F.R. 33629, set out below.
Ex. Ord. No. 13218. 21st Century Workforce Initiative
Ex. Ord. No. 13218, June 20, 2001, 66 F.R. 33627, provided:
By the authority vested in me as President by the Constitution and
laws of the United States of America, including the Federal Advisory
Committee Act, as amended (5 U.S.C. App.), and in order to promote the
study and the development of strategies to address the needs of the 21st
century workforce, it is hereby ordered as follows:
Section 1. Establishment of the Office of the 21st Century
Workforce. (a) The Secretary of Labor is hereby directed to establish
within the Department of Labor the Office of the 21st Century Workforce.
The Office shall provide a focal point for the identification and study
of issues relating to the workforce of the United States and the
development of strategies for effectively addressing such issues.
(b) The Office of the 21st Century Workforce shall gather and
disseminate information relating to workforce issues by conducting
summits, conferences, field hearings, meetings, and other appropriate
forums designed to encourage the participation of organizations and
individuals interested in such issues, including business and labor
organizations, academicians, employers, employees, and public officials
at the local, State, and Federal levels.
(c) Among the issues to be addressed by the Office of the 21st
Century Workforce shall be the identification of the ways in which the
Department of Labor may streamline and update the information and
services made available to the workforce by the Department; eliminate
duplicative or overlapping rules and regulations; and eliminate
statutory and regulatory barriers to assisting the workforce in
successfully adapting to the challenges of the 21st century.
Sec. 2. Establishment of the Council on the 21st Century Workforce.
(a) Establishment and Composition of the Council.
(i) There is hereby established the ``President's Council on the
21st Century Workforce'' (Council).
(ii) The Council shall be composed of not more than 13 members
who shall be appointed by the President. The membership shall
include individuals who represent the views of business and labor
organizations, Federal, State, and local governments, academicians
and educators, and such other associations and entities as the
President determines are appropriate. In addition, the Secretary of
Labor and the Director of the Office of Personnel Management shall
serve as ex officio members representing the views of the Federal
Government. The Secretary of Labor shall be the Chairperson of the
Council.
(b) Functions of the Council. The Council shall provide information
and advice to the President through the Secretary of Labor, the Office
of the 21st Century Workforce within the Department of Labor, and other
appropriate Federal officials relating to issues affecting the 21st
century workforce. These activities shall include:
(i) assessing the effects of rapid technological changes,
demographic trends, globalization, changes in work processes, and
the need for new and enhanced skills for workers, employers, and
other related sectors of society;
(ii) examining current and alternative approaches to assisting
workers and employers in adjusting to and benefitting from such
changes, including opportunities for workplace education,
retraining, access to assistive technologies and workplace supports,
and skills upgrading;
(iii) identifying impediments to the adjustment to such changes
by workers and employers and recommending approaches and policies
that could remove those impediments;
(iv) assisting the Office of the 21st Century Workforce in
reviewing programs carried out by the Department of Labor and
identifying changes to such programs that would stream line [sic]
and update their effectiveness in meeting the needs of the
workforce; and
(v) analyzing such additional issues relating to the workforce
and making such reports as the President or the Secretary of Labor
may request.
(c) Administration of the Council.
(i) The Council shall meet on the call of the Chairperson, at a
time and place designated by the Chairperson. The Chairperson may
form subcommittees or working groups within the Council to address
particular matters.
(ii) The Council may from time to time prescribe such procedures
and policies relating to the activities of the Council as are not
inconsistent with law or with the provisions of this order.
(iii) Each member of the Council who is not an officer or
employee of the Federal Government shall serve without compensation
but shall be allowed travel expenses, including per diem in lieu of
subsistence, as authorized by law for persons serving intermittently
in Federal service (5 U.S.C. 5701-5707).
(iv) The Department of Labor shall make available appropriate
funding and administrative support to assist the Council in carrying
out the functions under this section, including necessary office
space, equipment, supplies, staff, and services. The Secretary of
Labor shall perform the functions of the President under the Federal
Advisory Committee Act (5 U.S.C. App.), as amended, except that of
reporting to the Congress, with respect to the Council in accordance
with the guidelines and procedures established by the Administrator
of General Services.
(v) The heads of executive agencies shall, to the extent
permitted by law, provide the Council with such information as it
may require for purposes of carrying out the functions described in
this section.
(d) Termination of the Council. The Council shall terminate 2 years
from the date of this order unless extended by the President prior to
such date.
Sec. 3. Effect on Prior Orders.
(a) [Amended Ex. Ord. No. 13111, 5 U.S.C. 4103 note.]
(b) Revocation of Executive Order 13174. Executive Order 13174 of
October 27, 2000, relating to the establishment of the Commission on
Workers, Communities, and Economic Change in the New Economy, is
revoked.
George W. Bush.
Section Referred to in Other Sections
This section is referred to in section 705 of this title; title 19
section 2271; title 20 sections 9202, 9272; title 42 sections 603, 9908.
