r/title-29-LABOR wiki — defined terms

“eligible employee” applies in that section

the term “eligible employee” means an employee who has been employed for at least 30 calendar days by the employer with respect to whom leave is requested under section 2612(a)(1)(F) of this title . (ii) 1 Rule regarding rehired employees For purposes of clause (i), the term “employed for at least 30 calendar days”, used with respect to an employee and an employer described in clause (i), includes an employee who was laid off by that employer not earlier than March 1, 2020 , had worked for the employer for not less than 30 of the last 60 calendar days prior to the employee’s layoff, and was rehired by the employer.

“public health emergency” applies in that section

The term “public health emergency” means an emergency with respect to COVID–19 declared by a Federal, State, or local authority. (C) Child care provider

“school” applies in that section

The term “school” means an “elementary school” or “secondary school” as such terms are defined in section 7801 of title 20 . (3) Regulatory authorities The Secretary of Labor shall have the authority to issue regulations for good cause under sections 553(b)(B) and 553(d)(3) of title 5— (A) to exclude certain health care providers and emergency responders from the definition of eligible employee under subsection (a)(1)(A); (B) to exempt small businesses with fewer than 50 employees from the requirements of section 2612(a)(1)(F) of this title when the imposition of such requirements would jeopardize the viability of the business as a going concern; and (C) as necessary to carry out the …

“advanced workplace practices” applies throughout its chapter

The term “advanced workplace practices” means innovations in work organization and performance, including high-performance workplace systems, flexible production techniques, quality programs, continuous improvement, concurrent engineering, close relationships between suppliers and customers, widely diffused decisionmaking and work teams, and effective integration of production technology, worker skills and training, and workplace organization, and such other characteristics as determined appropriate by the Secretary of Labor, in consultation with the Secretary of Commerce. (2) Advanced workplace technologies

“advanced workplace technologies” applies throughout its chapter

The term “advanced workplace technologies” includes— (A) numerically controlled machine tools, robots, automated process control equipment, computerized flexible manufacturing systems, associated computer software, and other technology for improving the manufacturing and industrial production of goods and commercial services, which advance the state-of-the-art; or (B) novel industrial and commercial techniques and processes not previously generally available that improve quality, productivity, and practices, including engineering design, quality assurance, concurrent engineering, continuous process production technology, inventory management, upgraded worker skills, communications with …

“Department” applies throughout its chapter

The term “Department” means the Department of Labor. (4) Nonprofit organization

“nonprofit organization” applies throughout its chapter

The term “nonprofit organization” means a tax-exempt organization, as described in paragraph (3), (4), or (5) of section 501(c) of title 26 . (5) Secretary

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of Labor. (6) Worker organization

“worker organization” applies throughout its chapter

The term “worker organization” means a labor organization within the meaning of section 501(c)(5) of title 26 .

“adult service program” applies throughout its chapter

The term “adult service program” means a program that provides services to, or is otherwise substantially involved with the major life functions of, individuals with disabilities. Such term includes— (A) a program providing residential, supportive, or employment-related services, to individuals with disabilities; (B) a program carried out by a center for independent living, such as a center described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C.

“American Indian consortium” applies throughout its chapter

The term “American Indian consortium” means an entity that is an American Indian Consortium (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 )), and that is established to provide protection and advocacy services for purposes of receiving funding under subtitle C of title I of such Act ( 42 U.S.C. 15041 et seq.). (3) Assistive technology

“assistive technology” applies throughout its chapter

The term “assistive technology” means technology designed to be utilized in an assistive technology device or assistive technology service. (4) Assistive technology device

“assistive technology device” applies throughout its chapter

The term “assistive technology device” means any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities. (5) Assistive technology service

“assistive technology service” applies throughout its chapter

The term “assistive technology service” means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes— (A) the evaluation of the assistive technology needs of an individual with a disability, including a functional evaluation of the impact of the provision of appropriate assistive technology devices and services to the individual in the customary environment of the individual; (B) a service consisting of purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by individuals with disabilities; (C) a service consisting of selecting, designing, fitting, …

“capacity building and advocacy activities” applies throughout its chapter

The term “capacity building and advocacy activities” means efforts that— (A) result in laws, regulations, policies, practices, procedures, or organizational structures that promote consumer-responsive programs or entities; and (B) facilitate and increase access to, provision of, and funding for assistive technology devices and assistive technology services, in order to empower individuals with disabilities to achieve greater independence, productivity, and integration and inclusion within the community and the workforce. (7) Comprehensive statewide program of technology-related assistance

“comprehensive statewide program of technology-related assistance” applies throughout its chapter

The term “comprehensive statewide program of technology-related assistance” means a consumer-responsive program of technology-related assistance for individuals with disabilities that— (A) is implemented by a State; (B) is equally available to all individuals with disabilities residing in the State, regardless of their type of disability, age, income level, or location of residence in the State, or the type of assistive technology device or assistive technology service required; and (C) incorporates all the activities described in section 3003(e) of this title (unless excluded pursuant to section 3003(e)(5) of this title ). (8) Consumer-responsive

“consumer-responsive” applies throughout its chapter

The term “consumer-responsive”— (A) with regard to policies, means that the policies are consistent with the principles of— (i) respect for individual dignity, personal responsibility, self-determination, and pursuit of meaningful careers, based on informed choice, of individuals with disabilities; (ii) respect for the privacy, rights, and equal access (including the use of accessible formats) of such individuals; (iii) inclusion, integration, and full participation of such individuals in society; (iv) support for the involvement in decisions of a family member, a guardian, an advocate, or an authorized representative, if an individual with a disability requests, desires, or needs such …

“disability” applies throughout its chapter

The term “disability” has the meaning given the term under section 12102 of title 42 . (10) Individual with a disability

“individual with a disability” applies throughout its chapter

The term “individual with a disability” means any individual— (A) who has a disability; and (B) who is or would be enabled by an assistive technology device or an assistive technology service to minimize deterioration in functioning, to maintain a level of functioning, or to achieve a greater level of functioning in any major life activity. (11) Institution of higher education

“institution of higher education” applies throughout its chapter

The term “institution of higher education” has the meaning given such term in section 1001(a) of title 20 , and includes a community college receiving funding under the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1801 et seq.). (12) Protection and advocacy services

“outlying area” applies throughout its chapter

The term “outlying area” means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (ii) State The term “State” does not include the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (15) State assistive technology program

“protection and advocacy services” applies throughout its chapter

The term “protection and advocacy services” means services that— (A) are described in subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq.), the Protection and Advocacy for Individuals with Mental Illness Act ( 42 U.S.C. 10801 et seq.), or section 509 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794e ); and (B) assist individuals with disabilities with respect to assistive technology devices and assistive technology services. (13) Secretary

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of Health and Human Services, acting through the Administrator of the Administration for Community Living. (14) State (A) In general Except as provided in subparagraph (B),

“State” applies throughout its chapter

the term “State” means each of the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (B) Outlying areas In section 3003(b) of this title : (i) Outlying area

“State assistive technology program” applies throughout its chapter

The term “State assistive technology program” means a program authorized under section 3003 of this title . (16) Targeted individuals and entities

“targeted individuals and entities” applies throughout its chapter

The term “targeted individuals and entities” means— (A) individuals with disabilities and their family members, guardians, advocates, and authorized representatives; (B) underrepresented populations; (C) individuals who work for public or private entities (including centers for independent living described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C.

“underrepresented population” applies throughout its chapter

The term “underrepresented population” means a population that is typically underrepresented in service provision, and includes populations such as individuals who have low-incidence disabilities, racial and ethnic minorities, low income individuals, homeless individuals (including children and youth), children in foster care, individuals with limited English proficiency, individuals living in institutions seeking to transition to the community from institutional settings, youth with disabilities aging into adulthood, older individuals, or individuals living in rural areas. (18) Universal design

“universal design” applies throughout its chapter

The term “universal design” means a concept or philosophy for designing and delivering products and services that are usable by people with the widest possible range of functional capabilities, which include products and services that are directly accessible (without requiring assistive technologies) and products and services that are interoperable with assistive technologies.

“qualified data collection and reporting entity” applies in that section

The term “qualified data collection and reporting entity” means an entity with demonstrated expertise in data collection and reporting as described in section 3003(f)(2)(B) of this title , in order to— (A) provide recipients of grants under this chapter with instruction and technical assistance; and (B) assist such recipients with data collection and data requirements. (2) Qualified protection and advocacy system technical assistance provider

“qualified protection and advocacy system technical assistance provider” applies in that section

The term “qualified protection and advocacy system technical assistance provider” means an entity that has experience in— (A) working with protection and advocacy systems established in accordance with section 15043 of title 42 ; and (B) providing technical assistance to protection and advocacy agencies. (3) Qualified technical assistance provider

“qualified technical assistance provider” applies in that section

The term “qualified technical assistance provider” means an entity with demonstrated expertise in assistive technology and that has (directly or through grant or contract)— (A) experience and expertise in administering programs, including developing, implementing, and administering all of the activities described in section 3003(e) of this title ; and (B) documented experience in and knowledge about— (i) assistive technology device loan and demonstration; (ii) assistive technology device reuse; (iii) financial loans and microlending, including the activities of alternative financing programs for assistive technology; and (iv) State leadership activities.

“project of national significance” applies in that section

the term “project of national significance”— (1) means a project that— (A) increases access to, and acquisition of, assistive technology; and (B) creates opportunities for individuals with disabilities to directly and fully contribute to, and participate in, all facets of education, employment, community living, and recreational activities; and (2) may— (A) develop and expand partnerships between State Medicaid agencies and recipients of grants under section 3003 of this title to reutilize durable medical equipment; (B) increase collaboration between the recipients of grants under section 3003 of this title and States receiving grants under the Money Follows the Person Rebalancing …

“administrative costs” applies in that section

The term “administrative costs” means expenditures incurred by State boards and local boards, direct recipients (including State grant recipients under part B of subchapter I and recipients of awards under parts C and D of subchapter I), local grant recipients, local fiscal agents or local grant subrecipients, and one-stop operators in the performance of administrative functions and in carrying out activities under subchapter I that are not related to the direct provision of workforce investment services (including services to participants and employers). Such costs include both personnel and nonpersonnel costs and both direct and indirect costs.

“adult” applies in that section

the term “adult” means an individual who is age 18 or older. (3) Adult education; adult education and literacy activities

“adult education” applies in that section

The terms “adult education” and “adult education and literacy activities” have the meanings given the terms in section 3272 of this title . (4) Area career and technical education school

“adult education and literacy activities” applies in that section

The terms “adult education” and “adult education and literacy activities” have the meanings given the terms in section 3272 of this title . (4) Area career and technical education school

“area career and technical education school” applies in that section

The term “area career and technical education school” has the meaning given the term in section 2302 of title 20 . (5) Basic skills deficient

“basic skills deficient” applies in that section

The term “basic skills deficient” means, with respect to an individual— (A) who is a youth, that the individual has English reading, writing, or computing skills at or below the 8th grade level on a generally accepted standardized test; or (B) who is a youth or adult, that the individual is unable to compute or solve problems, or read, write, or speak English, at a level necessary to function on the job, in the individual’s family, or in society. (6) Career and technical education

“career and technical education” applies in that section

The term “career and technical education” has the meaning given the term in section 2302 of title 20 . (7) Career pathway

“career pathway” applies in that section

The term “career pathway” means a combination of rigorous and high-quality education, training, and other services that— (A) aligns with the skill needs of industries in the economy of the State or regional economy involved; (B) prepares an individual to be successful in any of a full range of secondary or postsecondary education options, including apprenticeships registered under the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”; 50 Stat. 664 , chapter 663; 29 U.S.C.

“career planning” applies in that section

The term “career planning” 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, education, and career counseling, as appropriate during program participation and after job placement. (9) Chief elected official

“chief elected official” applies in that section

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 1 unit of general local government, the individuals designated under the agreement described in section 3122(c)(1)(B) of this title . (10) Community-based organization

“community-based organization” applies in that section

The term “community-based organization” means a private nonprofit organization (which may include a faith-based 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 development. (11) Competitive integrated employment

“competitive integrated employment” applies in that section

The term “competitive integrated employment” has the meaning given the term in section 7 of the Rehabilitation Act of 1973 ( 29 U.S.C. 705 ), for individuals with disabilities. (12) Core program

“core program provision” applies in that section

The term “core program provision” means— (A) subparts 2 and 3 of part B of subchapter I (relating to youth workforce investment activities and adult and dislocated worker employment and training activities); (B) subchapter II (relating to adult education and literacy activities); (C) sections 1 through 13 of the Wagner-Peyser Act ( 29 U.S.C. 49 et seq.) (relating to employment services); and (D) title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq.), other than section 112 or part C of that title ( 29 U.S.C. 732 , 741) (relating to vocational rehabilitation services). (14) Customized training

“core programs” applies in that section

The term “core programs” means a program authorized under a core program provision. (13) Core program provision

“customized training” applies in that section

The term “customized training” means training— (A) that is designed to meet the specific requirements of an employer (including a group of employers); (B) that is conducted with a commitment by the employer to employ an individual upon successful completion of the training; and (C) for which the employer pays— (i) a significant portion of the cost of training, as determined by the local board involved, taking into account the size of the employer and such other factors as the local board determines to be appropriate, which may include the number of employees participating in training, wage and benefit levels of those employees (at present and anticipated upon completion of the training), …

“dislocated worker” applies in that section

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 3151(e) 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 …

“displaced homemaker” applies in that section

The term “displaced homemaker” means an individual who has been providing unpaid services to family members in the home and who— (A) (i) has been dependent on the income of another family member but is no longer supported by that income; or (ii) is the dependent spouse of a member of the Armed Forces on active duty (as defined in section 101(d)(1) of title 10 ) and whose family income is significantly reduced because of a deployment (as defined in section 991(b) of title 10 or pursuant to paragraph (4) of such section), a call or order to active duty pursuant to a provision of law referred to in section 101(a)(13)(B) of title 10 , a permanent change of station, or the service-connected (as …

“economic development agency” applies in that section

The term “economic development agency” includes a local planning or zoning commission or board, a community development agency, or another local agency or institution responsible for regulating, promoting, or assisting in local economic development. (18) Eligible youth Except as provided in parts C and D of subchapter I,

“eligible youth” applies in that section

the term “eligible youth” means an in-school youth or out-of-school youth. (19) Employment and training activity

“employment and training activity” applies in that section

The term “employment and training activity” means an activity described in section 3174 of this title that is carried out for an adult or dislocated worker. (20) English language acquisition program

“English language acquisition program” applies in that section

The term “English language acquisition program” has the meaning given the term in section 3272 of this title . (21) English language learner

“English language learner” applies in that section

The term “English language learner” has the meaning given the term in section 3272 of this title . (22) Governor

“Governor” applies in that section

The term “Governor” means the chief executive of a State or an outlying area. (23) In-demand industry sector or occupation (A) In general

“in-demand industry sector or occupation” applies in that section

The term “in-demand industry sector or occupation” means— (i) an industry sector that has a substantial current or potential impact (including through jobs that lead to economic self-sufficiency and opportunities for advancement) on the State, regional, or local economy, as appropriate, and that contributes to the growth or stability of other supporting businesses, or the growth of other industry sectors; or (ii) an occupation that currently has or is projected to have a number of positions (including positions that lead to economic self-sufficiency and opportunities for advancement) in an industry sector so as to have a significant impact on the State, regional, or local economy, as …

“in-school youth” applies in that section

The term “in-school youth” means a youth described in section 3164(a)(1)(C) of this title . (28) Institution of higher education

“individual with a barrier to employment” applies in that section

The term “individual with a barrier to employment” means a member of 1 or more of the following populations: (A) Displaced homemakers. (B) Low-income individuals. (C) Indians, Alaska Natives, and Native Hawaiians, as such terms are defined in section 3221 of this title . (D) Individuals with disabilities, including youth who are individuals with disabilities. (E) Older individuals. (F) Ex-offenders. (G) Homeless individuals (as defined in section 12473(6) of title 34 ), or homeless children and youths (as defined in section 11434a(2) of title 42 ). (H) Youth who are in or have aged out of the foster care system.

“individual with a disability” applies in that section

The term “individual with a disability” means an individual with a disability as defined in section 12102 of title 42 . (B) Individuals with disabilities

“individuals with disabilities” applies in that section

The term “individuals with disabilities” means more than 1 individual with a disability. (26) Industry or sector partnership

“industry or sector partnership” applies in that section

The term “industry or sector partnership” means a workforce collaborative, convened by or acting in partnership with a State board or local board, that— (A) organizes key stakeholders in an industry cluster into a working group that focuses on the shared goals and human resources needs of the industry cluster and that includes, at the appropriate stage of development of the partnership— (i) representatives of multiple businesses or other employers in the industry cluster, including small and medium-sized employers when practicable; (ii) 1 or more representatives of a recognized State labor organization or central labor council, or another labor representative, as appropriate; and (iii) 1 or …

“institution of higher education” applies in that section

The term “institution of higher education” has the meaning given the term in section 1001 of title 20 , and subparagraphs (A) and (B) of section 1002(a)(1), of title 20. (29) Integrated education and training

“integrated education and training” applies in that section

The term “integrated education and training” has the meaning given the term in section 3272 of this title . (30) Labor market area

“labor market area” applies in that section

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. (31) Literacy

“literacy” applies in that section

The term “literacy” has the meaning given the term in section 3272 of this title . (32) Local area

“local area” applies in that section

The term “local area” means a local workforce investment area designated under section 3121 of this title , subject to sections 3121(c)(3)(A), 3122(c)(4)(B)(i), and 3249(i) of this title. (33) Local board

“local board” applies in that section

The term “local board” means a local workforce development board established under section 3122 of this title , subject to section 3122(c)(4)(B)(i) of this title . (34) Local educational agency

“local educational agency” applies in that section

The term “local educational agency” has the meaning given the term in section 7801 of title 20 . (35) Local plan

“local plan” applies in that section

The term “local plan” means a plan submitted under section 3123 of this title , subject to section 3121(c)(3)(B) of this title . (36) Low-income individual (A) In general

“low-income individual” applies in that section

The term “low-income individual” means an individual who— (i) receives, or in the past 6 months has received, or is a member of a family that is receiving or in the past 6 months has received, assistance through the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq.), the program of block grants to States for temporary assistance for needy families program under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq.), or the supplemental security income program established under title XVI of the Social Security Act ( 42 U.S.C.

“lower living standard income level” applies in that section

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 of Labor based on the most recent lower living family budget issued by the Secretary. (37) Nontraditional employment The term “nontraditional employment” refers to occupations or fields of work, for which individuals from the gender involved comprise less than 25 percent of the individuals employed in each such occupation or field of work. (38) Offender

“offender” applies in that section

The term “offender” means an adult or juvenile— (A) who is or has been subject to any stage of the criminal justice process, and 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. (39) Older individual

“older individual” applies in that section

The term “older individual” means an individual age 55 or older. (40) One-stop center

“on-the-job training” applies in that section

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) is made available through a program that provides reimbursement to the employer of up to 50 percent of the wage rate of the participant, except as provided in section 3174(c)(3)(H) of this title , 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 …

“one-stop center” applies in that section

The term “one-stop center” means a site described in section 3151(e)(2) of this title . (41) One-stop operator

“one-stop operator” applies in that section

The term “one-stop operator” means 1 or more entities designated or certified under section 3151(d) of this title . (42) One-stop partner

“one-stop partner” applies in that section

The term “one-stop partner” means— (A) an entity described in section 3151(b)(1) of this title ; and (B) an entity described in section 3151(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. (43) One-stop partner program

“one-stop partner program” applies in that section

The term “one-stop partner program” means a program or activities described in section 3151(b) of this title of a one-stop partner. (44) On-the-job training

“out-of-school youth” applies in that section

The term “out-of-school youth” means a youth described in section 3164(a)(1)(B) of this title . (47) Pay-for-performance contract strategy

“outlying area” applies in that section

The term “outlying area” means— (A) American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands; and (B) the Republic of Palau, except during any period for which the Secretary of Labor and the Secretary of Education determine that a Compact of Free Association is in effect and contains provisions for training and education assistance prohibiting the assistance provided under this Act. (46) Out-of-school youth

“pay-for-performance contract strategy” applies in that section

The term “pay-for-performance contract strategy” means a procurement strategy that uses pay-for-performance contracts in the provision of training services described in section 3174(c)(3) of this title or activities described in section 3164(c)(2) of this title , and includes— (A) contracts, each of which shall specify a fixed amount that will be paid to an eligible service provider (which may include a local or national community-based organization or intermediary, community college, or other training provider, that is eligible under section 3152 or 3153 of this title, as appropriate) based on the achievement of specified levels of performance on the primary indicators of performance …

“planning region” applies in that section

The term “planning region” means a region described in subparagraph (B) or (C) of section 3121(a)(2) of this title , subject to section 3122(c)(4)(B)(i) of this title . (49) Poverty line

“poverty line” applies in that section

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. (50) Public assistance

“public assistance” applies in that section

The term “public assistance” means Federal, State, or local government cash payments for which eligibility is determined by a needs or income test. (51) Rapid response activity

“rapid response activity” applies in that section

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 3174(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 …

“recently separated veteran” applies in that section

The term “recently separated veteran” means any veteran who applies for participation under this Act within 48 months after the discharge or release from active military, naval, or air service. (64) Vocational rehabilitation program

“recognized postsecondary credential” applies in that section

The term “recognized postsecondary credential” means a credential consisting of an industry-recognized certificate or certification, a certificate of completion of an apprenticeship, a license recognized by the State involved or Federal Government, or an associate or baccalaureate degree. (53) Region The term “region”, used without further description, means a region identified under section 3121(a) of this title , subject to section 3122(c)(4)(B)(i) of this title and except as provided in section 3121(b)(1)(B)(ii) of this title . (54) School dropout

“school dropout” applies in that section

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. (55) Secondary school

“secondary school” applies in that section

The term “secondary school” has the meaning given the term in section 7801 of title 20 . (56) State

“State” applies in that section

The term “State” means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. (57) State board

“State board” applies in that section

The term “State board” means a State workforce development board established under section 3111 of this title . (58) State plan The term “State plan”, used without further description, means a unified State plan under section 3112 of this title or a combined State plan under section 3113 of this title . (59) Supportive services

“supportive services” applies in that section

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 Act. (60) Training services

“training services” applies in that section

The term “training services” means services described in section 3174(c)(3) of this title . (61) Unemployed individual

“unemployed individual” applies in that section

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, for purposes of this paragraph, 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. (62) Unit of general local government

“unit of general local government” applies in that section

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. (63) Veteran; related definition (A) Veteran

“veteran” applies in that section

The term “veteran” has the meaning given the term in section 101 of title 38 . (B) Recently separated veteran

“vocational rehabilitation program” applies in that section

The term “vocational rehabilitation program” means a program authorized under a provision covered under paragraph (13)(D). (65) Workforce development activity

“workforce development activity” applies in that section

The term “workforce development activity” means an activity carried out through a workforce development program. (66) Workforce development program

“workforce development program” applies in that section

The term “workforce development program” means a program made available through a workforce development system. (67) Workforce development system

“workforce development system” applies in that section

The term “workforce development system” means a system that makes available the core programs, the other one-stop partner programs, and any other programs providing employment and training services as identified by a State board or local board. (68) Workforce investment activity

“workforce investment activity” applies in that section

The term “workforce investment activity” means an employment and training activity, and a youth workforce investment activity. (69) Workforce preparation activities

“workforce preparation activities” applies in that section

The term “workforce preparation activities” has the meaning given the term in section 3272 of this title . (70) Workplace learning advisor

“workplace learning advisor” applies in that section

The term “workplace learning advisor” means an individual employed by an organization who has the knowledge and skills necessary to advise other employees of that organization about the education, skill development, job training, career counseling services, and credentials, including services provided through the workforce development system, required to progress toward career goals of such employees in order to meet employer requirements related to job openings and career advancements that support economic self-sufficiency. (71) Youth workforce investment activity

“youth workforce investment activity” applies in that section

The term “youth workforce investment activity” means an activity described in section 3164 of this title that is carried out for eligible youth (or as described in section 3164(a)(3)(A) of this title ).

“appropriate Secretary” applies in that section

the term “appropriate Secretary” means— (1) with respect to the portion of a combined plan relating to any of the core programs (including a description, and an assurance concerning that program, specified in subsection (b)(3)), the Secretary of Labor and the Secretary of Education; and (2) with respect to the portion of a combined plan relating to a program or activity described in subsection (a)(2) (including a description, and an assurance concerning that program or activity, specified in subsection (b)(3)), the head of the Federal agency who exercises plan or application approval authority for the program or activity under the Federal law authorizing the program or activity, or, if …

“local plan” applies in that section

the term “local plan” includes a reference to the portion of a regional plan developed with respect to the corresponding local area within the region, and any regionwide provision of that plan that impacts or relates to the local area. (d) Single State local areas (1) Continuation of previous designation The Governor of any State that was a single State local area for purposes of title I of the Workforce Investment Act of 1998, as in effect on July 1, 2013 , may designate the State as a single State local area for purposes of this subchapter. In the case of such designation, the Governor shall identify the State as a local area in the State plan.

“cooperative agreement” applies in that section

the term “cooperative agreement” means an agreement entered into by a State designated agency or State designated unit under subparagraph (A) of section 101(a)(11) of the Rehabilitation Act of 1973 [ 29 U.S.C. 721(a)(11)(A) ]. (12) Budget and administration (A) Budget The local board shall develop a budget for the activities of the local board in the local area, consistent with the local plan and the duties of the local board under this section, subject to the approval of the chief elected official.

“area of substantial unemployment” applies in that section

The term “area of substantial unemployment” means any area that is of sufficient size and scope to sustain a program of workforce investment activities carried out under this part and that has an average rate of unemployment of at least 6.5 percent for the most recent 12 months, as determined by the Secretary. For purposes of this subparagraph, determinations of areas of substantial unemployment shall be made once each fiscal year. (C) Disadvantaged youth Subject to paragraph (3),

“disadvantaged youth” applies in that section

the term “disadvantaged youth” means an individual who is age 16 through 21 who received an income, or is a member of a family that received a total family income, that, in relation to family size, does not exceed the higher of— (i) the poverty line; or (ii) 70 percent of the lower living standard income level. (D) Excess number

“excess number” applies in that section

The term “excess number” means, used with respect to the excess number of unemployed individuals within a State, the higher of— (i) the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in the State; or (ii) the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in areas of substantial unemployment in such State. (E) Low-income level

“low-income level” applies in that section

The term “low-income level” means $7,000 with respect to income in 1969, and for any later year means that amount that bears the same relationship to $7,000 as the Consumer Price Index for that year bears to the Consumer Price Index for 1969, rounded to the nearest $1,000. (3) Special rule For the purpose of the formula specified in paragraph (1)(C), the Secretary shall, as appropriate and to the extent practicable, exclude college students and members of the Armed Forces from the determination of the number of disadvantaged youth.

“covered individual” applies in that section

the term “covered individual” means an in-school youth, or an out-of-school youth who is described in subclause (III) or (VIII) of paragraph (1)(B)(iii). (ii) Exception In each local area, not more than 5 percent of the individuals assisted under this section may be persons who would be covered individuals, except that the persons are not low-income individuals. (B) Limitation In each local area, not more than 5 percent of the in-school youth assisted under this section may be eligible under paragraph (1) because the youth are in-school youth described in paragraph (1)(C)(iv)(VII).

“in-school youth” applies in that section

the term “in-school youth” means an individual who is— (i) attending school (as defined by State law); (ii) not younger than age 14 or (unless an individual with a disability who is attending school under State law) older than age 21; (iii) a low-income individual; and (iv) one or more of the following: (I) Basic skills deficient. (II) An English language learner. (III) An offender.

“out-of-school youth” applies throughout its subchapter

the term “out-of-school youth” means an individual who is— (i) not attending any school (as defined under State law); (ii) not younger than age 16 or older than age 24; and (iii) one or more of the following: (I) A school dropout. (II) A youth who is within the age of compulsory school attendance, but has not attended school for at least the most recent complete school year calendar quarter. (III) A recipient of a secondary school diploma or its recognized equivalent who is a low-income individual and is— (aa) basic skills deficient; or (bb) an English language learner. (IV) An individual who is subject to the juvenile or adult justice system.

“adult” applies in that section

The term “adult” means an individual who is not less than age 22 and not more than age 72. (II) Allotment percentage The term “allotment percentage”, used with respect to fiscal year 2015 or a subsequent fiscal year, means a percentage of the remainder described in clause (i) that is received through an allotment made under this subparagraph for the fiscal year. The term, used with respect to fiscal year 2014, means the percentage of the amount allotted to States under section 132(b)(1)(B) of the Workforce Investment Act of 1998 [ 29 U.S.C. 2862(b)(1)(B) ] (as in effect on the day before July 22, 2014 ) that is received under such section by the State involved for fiscal year 2014.

“area of substantial unemployment” applies in that section

The term “area of substantial unemployment” means any area that is of sufficient size and scope to sustain a program of workforce investment activities carried out under this part and that has an average rate of unemployment of at least 6.5 percent for the most recent 12 months, as determined by the Secretary. For purposes of this subclause, determinations of areas of substantial unemployment shall be made once each fiscal year. (IV) Disadvantaged adult Subject to subclause (V),

“disadvantaged adult” applies in that section

the term “disadvantaged adult” means an adult who received an income, or is a member of a family that received a total family income, that, in relation to family size, does not exceed the higher of— (aa) the poverty line; or (bb) 70 percent of the lower living standard income level. (V) Disadvantaged adult special rule The Secretary shall, as appropriate and to the extent practicable, exclude college students and members of the Armed Forces from the determination of the number of disadvantaged adults. (VI) Excess number

“excess number” applies in that section

The term “excess number” means, used with respect to the excess number of unemployed individuals within a State, the higher of— (aa) the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in the State; or (bb) the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in areas of substantial unemployment in such State. (VII) Low-income level

“low-income level” applies in that section

The term “low-income level” means $7,000 with respect to income in 1969, and for any later year means that amount that bears the same relationship to $7,000 as the Consumer Price Index for that year bears to the Consumer Price Index for 1969, rounded to the nearest $1,000. (2) Dislocated worker employment and training activities (A) Reservation for outlying areas (i) In general From the amount made available under subsection (a)(2)(A) for a fiscal year, the Secretary shall reserve not more than ¼ of 1 percent of the amount appropriated under section 3181(c) of this title for the fiscal year to provide assistance to the outlying areas.

“applicable local board” applies throughout its part

The term “applicable local board” means a local board— (A) that provides information for a Job Corps center on local employment opportunities and the job skills needed to obtain the opportunities; and (B) that serves communities in which the graduates of the Job Corps center seek employment. (2) Applicable one-stop center

“applicable one-stop center” applies throughout its part

The term “applicable one-stop center” means a one-stop center that provides services, such as referral, assessment, recruitment, and placement, to support the purposes of the Job Corps. (3) Enrollee

“enrollee” applies throughout its part

The term “enrollee” means an individual who has voluntarily applied for, been selected for, and enrolled in the Job Corps program, and remains with the program, but has not yet become a graduate. (4) Former enrollee

“former enrollee” applies throughout its part

The term “former enrollee” means an individual who has voluntarily applied for, been selected for, and enrolled in the Job Corps program, but left the program prior to becoming a graduate. (5) Graduate

“graduate” applies throughout its part

The term “graduate” means an individual who has voluntarily applied for, been selected for, and enrolled in the Job Corps program and who, as a result of participation in the Job Corps program, has received a secondary school diploma or recognized equivalent, or completed the requirements of a career and technical education and training program that prepares individuals for employment leading to economic self-sufficiency or entrance into postsecondary education or training. (6) Job Corps

“Job Corps” applies throughout its part

The term “Job Corps” means the Job Corps described in section 3193 of this title . (7) Job Corps center

“Job Corps center” applies throughout its part

The term “Job Corps center” means a center described in section 3197 of this title . (8) Operator

“operator” applies throughout its part

The term “operator” means an entity selected under this part to operate a Job Corps center. (9) Region

“region” applies throughout its part

The term “region” means an area defined by the Secretary. (10) Service provider

“service provider” applies throughout its part

The term “service provider” means an entity selected under this part to provide services described in this part to a Job Corps center.

“controlled substance” applies in that section

The term “controlled substance” has the meaning given the term in section 802 of title 21 . (ii) Zero tolerance policy

“zero tolerance policy” applies in that section

The term “zero tolerance policy” means a policy under which an enrollee shall be automatically dismissed from the Job Corps after a determination by the director that the enrollee has carried out an action described in subparagraph (A). (c) Appeal A disciplinary measure taken by a director under this section shall be subject to expeditious appeal in accordance with procedures established by the Secretary.

“applicable committees” applies in that section

the term “applicable committees” means— (1) the Committee on Education and the Workforce of the House of Representatives; (2) the Subcommittee on Labor, Health and Human Services, Education, and Related Agencies of the Committee of Appropriations of the House of Representatives; (3) the Committee on Health, Education, Labor, and Pensions of the Senate; and (4) the Subcommittee on Labor, Health and Human Services, Education, and Related Agencies of the Committee of Appropriations of the Senate.

“Alaska Native” applies in that section

The term “Alaska Native” includes a Native and a descendant of a Native, as such terms are defined in subsections (b) and (r) of section 1602 of title 43 . (2) Indian, Indian tribe, and tribal organization

“Indian” applies in that section

The terms “Indian”, “Indian tribe”, and “tribal organization” have the meanings given such terms in subsections (d), (e), and ( l ), respectively, of section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). 1 (3) Native Hawaiian and Native Hawaiian organization

“Indian tribe” applies in that section

The terms “Indian”, “Indian tribe”, and “tribal organization” have the meanings given such terms in subsections (d), (e), and ( l ), respectively, of section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). 1 (3) Native Hawaiian and Native Hawaiian organization

“Native Hawaiian” applies in that section

The terms “Native Hawaiian” and “Native Hawaiian organization” have the meanings given such terms in section 7517 of title 20 . (c) Program authorized Every 4 years, the Secretary shall, on a competitive basis, make grants to, or enter into contracts or cooperative agreements with, Indian tribes, tribal organizations, Alaska Native entities, Indian-controlled organizations serving Indians, or Native Hawaiian organizations to carry out the authorized activities described in subsection (d).

“Native Hawaiian organization” applies in that section

The terms “Native Hawaiian” and “Native Hawaiian organization” have the meanings given such terms in section 7517 of title 20 . (c) Program authorized Every 4 years, the Secretary shall, on a competitive basis, make grants to, or enter into contracts or cooperative agreements with, Indian tribes, tribal organizations, Alaska Native entities, Indian-controlled organizations serving Indians, or Native Hawaiian organizations to carry out the authorized activities described in subsection (d).

“tribal organization” applies in that section

The terms “Indian”, “Indian tribe”, and “tribal organization” have the meanings given such terms in subsections (d), (e), and ( l ), respectively, of section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). 1 (3) Native Hawaiian and Native Hawaiian organization

“eligible migrant and seasonal farmworkers” applies in that section

The term “eligible migrant and seasonal farmworkers” means individuals who are eligible migrant farmworkers or are eligible seasonal farmworkers. (2) Eligible migrant farmworker

“eligible migrant farmworker” applies in that section

The term “eligible migrant farmworker” means— (A) an eligible seasonal farmworker described in paragraph (3)(A) whose agricultural labor requires travel to a job site such that the farmworker is unable to return to a permanent place of residence within the same day; and (B) a dependent of the farmworker described in subparagraph (A). (3) Eligible seasonal farmworker

“eligible seasonal farmworker” applies in that section

The term “eligible seasonal farmworker” means— (A) a low-income individual who— (i) for 12 consecutive months out of the 24 months prior to application for the program involved, has been primarily employed in agricultural or fish farming labor that is characterized by chronic unemployment or underemployment; and (ii) faces multiple barriers to economic self-sufficiency; and (B) a dependent of the person described in subparagraph (A).

“disaster area” applies in that section

The term “disaster area” means an area that has suffered or in which has occurred an emergency or disaster. (b) In general (1) Grants The Secretary is authorized to award national dislocated worker grants— (A) to an entity described in subsection (c)(1)(B) to provide employment and training assistance to workers affected by major economic dislocations, such as plant closures, mass layoffs, or closures and realignments of military installations; (B) to provide assistance to— (i) the Governor of any State within the boundaries of which is a disaster area, to provide disaster relief employment in the disaster area; or (ii) the Governor of any State to which a substantial number of workers from …

“emergency or disaster” applies in that section

The term “emergency or disaster” means— (A) an emergency or a major disaster, as defined in paragraphs (1) and (2), respectively, of section 5122 of title 42 ; or (B) an emergency or disaster situation of national significance that could result in a potentially large loss of employment, as declared or otherwise recognized by the chief official of a Federal agency with authority for or jurisdiction over the Federal response to the emergency or disaster situation. (2) Disaster area

“entity” applies in that section

the term “entity” means a State, a local board, an entity described in section 3221(c) of this title , an entity determined to be eligible by the Governor of the State involved, and any other entity that demonstrates to the Secretary the capability to effectively respond to the circumstances relating to particular dislocations.

“military installation” applies in that section

the terms “military installation” and “realignment” have the meanings given the terms in section 2910 of the Defense Base Closure and Realignment Act of 1990 ( Public Law 101–510 ; 10 U.S.C. 2687 note).

“realignment” applies in that section

the terms “military installation” and “realignment” have the meanings given the terms in section 2910 of the Defense Base Closure and Realignment Act of 1990 ( Public Law 101–510 ; 10 U.S.C. 2687 note).

“core program” applies in that section

The terms “core program”, “individual with a barrier to employment”, “local area”, “local board”, “one-stop operator”, “outlying area”, “State”, “State board”, and “supportive services” have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (2) Education provider

“covered fiscal year” applies in that section

the term “covered fiscal year” means any of fiscal years 2019 through 2030. (2) Using funding for national dislocated worker grants Subject to paragraph (4) and notwithstanding section 132(a)(2)(A) and subtitle D 1 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3172(a)(2)(A) , 3221 et seq.), the Secretary may use, to carry out the pilot program under this section for a covered fiscal year— (A) funds made available to carry out section 170 of such Act ( 29 U.S.C. 3225 ) for that fiscal year; (B) funds made available to carry out section 170 of such Act that remain available for that fiscal year; and (C) funds that remain available under section 172(f) of such Act ( 29 U.S.C.

“education provider” applies in that section

The term “education provider” means— (A) an institution of higher education, as defined in section 1001 of title 20 ; or (B) a postsecondary vocational institution, as defined in section 1002(c) of title 20 . (3) Eligible entity

“eligible entity” applies in that section

The term “eligible entity” means— (A) a State workforce agency; (B) an outlying area; or (C) a Tribal entity. (4) Participating partnership