r/title-29-LABOR wiki — defined terms

“chief elected official” applies throughout its chapter

the terms “chief elected official”, “institution of higher education”, “one-stop center”, “one-stop partner”, “training services”, “workforce development activity”, and “workplace learning advisor”, have the meaning given the terms in section 3102 of this title ;

“employment service office” applies throughout its chapter

the term “employment service office” means a local office of a State agency; and (7) except in section 49 l –2 of this title, the term “State agency”, used without further description, means an agency designated or authorized under section 49c of this title .

“institution of higher education” applies throughout its chapter

the terms “chief elected official”, “institution of higher education”, “one-stop center”, “one-stop partner”, “training services”, “workforce development activity”, and “workplace learning advisor”, have the meaning given the terms in section 3102 of this title ;

“local workforce development board” applies throughout its chapter

the term “local workforce development board” means a local workforce development board established under section 3122 of this title ;

“one-stop center” applies throughout its chapter

the terms “chief elected official”, “institution of higher education”, “one-stop center”, “one-stop partner”, “training services”, “workforce development activity”, and “workplace learning advisor”, have the meaning given the terms in section 3102 of this title ;

“one-stop delivery system” applies throughout its chapter

the term “one-stop delivery system” means a one-stop delivery system described in section 3151(e) of this title ;

“one-stop partner” applies throughout its chapter

the terms “chief elected official”, “institution of higher education”, “one-stop center”, “one-stop partner”, “training services”, “workforce development activity”, and “workplace learning advisor”, have the meaning given the terms in section 3102 of this title ;

“Secretary” applies throughout its chapter

the term “Secretary” means the Secretary of Labor;

“State” applies throughout its chapter

the term “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands; and;

“training services” applies throughout its chapter

the terms “chief elected official”, “institution of higher education”, “one-stop center”, “one-stop partner”, “training services”, “workforce development activity”, and “workplace learning advisor”, have the meaning given the terms in section 3102 of this title ;

“workforce development activity” applies throughout its chapter

the terms “chief elected official”, “institution of higher education”, “one-stop center”, “one-stop partner”, “training services”, “workforce development activity”, and “workplace learning advisor”, have the meaning given the terms in section 3102 of this title ;

“workplace learning advisor” applies throughout its chapter

the terms “chief elected official”, “institution of higher education”, “one-stop center”, “one-stop partner”, “training services”, “workforce development activity”, and “workplace learning advisor”, have the meaning given the terms in section 3102 of this title ;

“applicable program” applies in that section

the term “applicable program” means any workforce investment activity carried out under the Workforce Innovation and Opportunity Act. (d) Performance of services and activities under contract In addition to the services and activities otherwise authorized by this chapter, the Secretary or any State agency designated under this chapter may perform such other services and activities as shall be specified in contracts for payment or reimbursement of the costs thereof made with the Secretary or with any Federal, State, or local public agency, or administrative entity under the Workforce Innovation and Opportunity Act, or private nonprofit organization.

“local area” applies in that section

the term “local area” means the smallest geographical area for which data can be produced with statistical reliability.

“State” applies throughout its chapter

the term “State” shall include the District of Columbia.

“registered apprenticeship program” applies in that section

The term “registered apprenticeship program” means an apprenticeship program registered under the Act of August 16, 1937 ( 50 Stat. 664 ; commonly referred to as the “National Apprenticeship Act”). (2) Secretary

“Secretary” applies in that section

The term “Secretary” means the Secretary of Labor. (b) Additional registered apprenticeship program requirements Notwithstanding any other provision of law, for any program applying to become a registered apprenticeship program on or after the date that is 180 days after March 26, 2020 , the Secretary shall— (1) acquire from the program sponsor a written assurance that the sponsor— (A) is aware of the availability of educational assistance for a veteran or other individual eligible under chapters 30 through 36 of title 38 for use in connection with a registered apprenticeship program; (B) will make a good faith effort to obtain approval for educational assistance described in subparagraph …

“court of the United States” applies in that section

The term “court of the United States” means any court of the United States whose jurisdiction has been or may be conferred or defined or limited by Act of Congress, including the courts of the District of Columbia.

“labor dispute” applies in that section

The term “labor dispute” includes any controversy concerning terms or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether or not the disputants stand in the proximate relation of employer and employee.;

“industry affecting commerce” applies throughout its chapter

The term “industry affecting commerce” means any industry or activity in commerce or in which a labor dispute would burden or obstruct commerce or tend to burden or obstruct commerce or the free flow of commerce.;

“strike” applies throughout its chapter

The term “strike” includes any strike or other concerted stoppage of work by employees (including a stoppage by reason of the expiration of a collective-bargaining agreement) and any concerted slowdown or other concerted interruption of operations by employees. (3) The terms “commerce”, “labor disputes”, “employer”, “employee”, “labor organization”, “representative”, “person”, and “supervisor” shall have the same meaning as when used in subchapter II of this chapter.

“affecting commerce” applies throughout its subchapter

The term “affecting commerce” means in commerce, or burdening or obstructing commerce or the free flow of commerce, or having led or tending to lead to a labor dispute burdening or obstructing commerce or the free flow of commerce.;

“commerce” applies throughout its subchapter

The term “commerce” means trade, traffic, commerce, transportation, or communication among the several States, or between the District of Columbia or any Territory of the United States and any State or other Territory, or between any foreign country and any State, Territory, or the District of Columbia, or within the District of Columbia or any Territory, or between points in the same State but through any other State or any Territory or the District of Columbia or any foreign country.;

“employee” applies throughout its subchapter

The term “employee” shall include any employee, and shall not be limited to the employees of a particular employer, unless this subchapter explicitly states otherwise, and shall include any individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice, and who has not obtained any other regular and substantially equivalent employment, but shall not include any individual employed as an agricultural laborer, or in the domestic service of any family or person at his home, or any individual employed by his parent or spouse, or any individual having the status of an independent contractor, or any individual …

“employer” applies throughout its subchapter

The term “employer” includes any person acting as an agent of an employer, directly or indirectly, but shall not include the United States or any wholly owned Government corporation, or any Federal Reserve Bank, or any State or political subdivision thereof, or any person subject to the Railway Labor Act [ 45 U.S.C. 151 et seq.], as amended from time to time, or any labor organization (other than when acting as an employer), or anyone acting in the capacity of officer or agent of such labor organization.;

“health care institution” applies throughout its subchapter

The term “health care institution” shall include any hospital, convalescent hospital, health maintenance organization, health clinic, nursing home, extended care facility, or other institution devoted to the care of sick, infirm, or aged person. 1

“labor dispute” applies throughout its subchapter

The term “labor dispute” includes any controversy concerning terms, tenure or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee.;

“labor organization” applies throughout its subchapter

The term “labor organization” means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.;

“National Labor Relations Board” applies throughout its subchapter

The term “National Labor Relations Board” means the National Labor Relations Board provided for in section 153 of this title .;

“person” applies throughout its subchapter

The term “person” includes one or more individuals, labor organizations, partnerships, associations, corporations, legal representatives, trustees, trustees in cases under title 11, or receivers.;

“professional employee” applies throughout its subchapter

The term “professional employee” means— (a) any employee engaged in work (i) predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical, or physical work; (ii) involving the consistent exercise of discretion and judgment in its performance; (iii) of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time; (iv) requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a general academic education or …

“representatives” applies throughout its subchapter

The term “representatives” includes any individual or labor organization.;

“supervisor” applies throughout its subchapter

The term “supervisor” means any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.;

“unfair labor practice” applies throughout its subchapter

The term “unfair labor practice” means any unfair labor practice listed in section 158 of this title .;

“employee” applies throughout its chapter

the term “employee” means any individual employed by an employer. (2) In the case of an individual employed by a public agency, such term means— (A) any individual employed by the Government of the United States— (i) as a civilian in the military departments (as defined in section 102 of title 5 ), (ii) in any executive agency (as defined in section 105 of such title), (iii) in any unit of the judicial branch of the Government which has positions in the competitive service, (iv) in a nonappropriated fund instrumentality under the jurisdiction of the Armed Forces, (v) in the Library of Congress, or (vi) the 1 Government Publishing Office; (B) any individual employed by the United States …

“labor organization” applies in that section

the term “labor organization” means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.

“compensatory time” applies in that section

the terms “compensatory time” and “compensatory time off” mean hours during which an employee is not working, which are not counted as hours worked during the applicable workweek or other work period for purposes of overtime compensation, and for which the employee is compensated at the employee’s regular rate.

“compensatory time off” applies in that section

the terms “compensatory time” and “compensatory time off” mean hours during which an employee is not working, which are not counted as hours worked during the applicable workweek or other work period for purposes of overtime compensation, and for which the employee is compensated at the employee’s regular rate.

“overtime compensation” applies in that section

the term “overtime compensation” means the compensation required by subsection (a), and;

“new entrant into the workforce” applies in that section

the term “new entrant into the workforce” means an individual who— (I) is under the age of 18 and at least the age of 14, and (II) by statute or judicial order is exempt from compulsory school attendance beyond the eighth grade.

“student hours of employment” applies in that section

the term “student hours of employment” means hours during which students are employed in a retail or service establishment under certificates issued under this subsection. (2) The Secretary, to the extent necessary in order to prevent curtailment of opportunities for employment, shall by special certificate issued under a regulation or order provide for the employment, at a wage rate not less than 85 per centum of the wage rate in effect under section 206(a)(5) 1 of this title or not less than $1.30 an hour, whichever is the higher, of full-time students (regardless of age but in compliance with applicable child labor laws) in any occupation in agriculture.

“serious injury” applies in that section

the term “serious injury” means— (i) permanent loss or substantial impairment of one of the senses (sight, hearing, taste, smell, tactile sensation); (ii) permanent loss or substantial impairment of the function of a bodily member, organ, or mental faculty, including the loss of all or part of an arm, leg, foot, hand or other body part; or (iii) permanent paralysis or substantial impairment that causes loss of movement or mobility of an arm, leg, foot, hand or other body part. (2) Any person who repeatedly or willfully violates section 206 or 207 of this title, relating to wages, shall be subject to a civil penalty not to exceed $1,100 for each such violation.

“air carrier” applies in that section

The term “air carrier” has the meaning given such term in section 40102 of title 49 . (B) Crewmember

“crewmember” applies in that section

The term “crewmember” has the meaning given such term in section 1.1 of title 14, Code of Federal Regulations (or successor regulations). (e) Applicability to rail carriers (1) In general Except as provided in paragraph (2), an employer that is a rail carrier shall be subject to the requirements of this section.

“employee who maintains the right of way” applies in that section

The term “employee who maintains the right of way” means an employee who is a safety-related railroad employee described in section 20102(4)(C) of title 49 . (B) Rail carrier

“motorcoach” applies in that section

The terms “motorcoach” and “motorcoach services” have the meanings given the terms in section 32702 of the Motorcoach Enhanced Safety Act of 2012 ( 49 U.S.C. 31136 note). (B) Motorcoach services operator

“motorcoach services” applies in that section

The terms “motorcoach” and “motorcoach services” have the meanings given the terms in section 32702 of the Motorcoach Enhanced Safety Act of 2012 ( 49 U.S.C. 31136 note). (B) Motorcoach services operator

“motorcoach services operator” applies in that section

The term “motorcoach services operator” means an entity that offers motorcoach services. (g) Notification prior to commencement of action (1) In general Except as provided in paragraph (2), before commencing an action under section 216(b) of this title for a violation of subsection (a)(2), an employee shall— (A) notify the employer of such employee of the failure to provide the place described in such subsection; and (B) provide the employer with 10 days after such notification to come into compliance with such subsection with respect to the employee.

“rail carrier” applies in that section

The term “rail carrier” means an employer described in section 213(b)(2) of this title . (C) Train crew

“train crew” applies in that section

The term “train crew” has the meaning given such term as used in chapter II of subtitle B of title 49, Code of Federal Regulations (or successor regulations). (f) Applicability to motorcoach services operators (1) In general Except as provided in paragraph (2), an employer that is a motorcoach services operator shall be subject to the requirements of this section.

“compromise” applies in that section

the term “compromise” includes “adjustment”, “settlement”, and “release”.

“Bacon-Davis Act” applies throughout its chapter

the term “Bacon-Davis Act” means the Act entitled “An Act to amend the Act approved March 3, 1931 , relating to the rate of wages for laborers and mechanics employed by contractors and subcontractors on public buildings”, approved August 30, 1935 ( 49 Stat. 1011 ), as amended. 1 (e) As used in section 255 of this title

“State” applies throughout its chapter

the term “State” means any State of the United States or the District of Columbia or any Territory or possession of the United States.

“applicable defined benefit plan” applies in that section

the term “applicable defined benefit plan” has the meaning given such term by section 1053(f)(3) of this title . (vi) Termination requirements .— An applicable defined benefit plan shall not be treated as meeting the requirements of clause (i) unless the plan provides that, upon the termination of the plan— (I) if the interest credit rate (or an equivalent amount) under the plan is a variable rate, the rate of interest used to determine accrued benefits under the plan shall be equal to the average of the rates of interest used under the plan during the 5-year period ending on the termination date, and (II) the interest rate and mortality table used to determine the amount of any benefit …

“applicable plan amendment” applies in that section

The term “applicable plan amendment” means an amendment to a defined benefit plan which has the effect of converting the plan to an applicable defined benefit plan. (II) Special rule for coordinated benefits .— If the benefits of 2 or more defined benefit plans established or maintained by an employer are coordinated in such a manner as to have the effect of the adoption of an amendment described in subclause (I), the sponsor of the defined benefit plan or plans providing for such coordination shall be treated as having adopted such a plan amendment as of the date such coordination begins.

“compensation” applies in that section

The term “compensation” has the meaning provided by section 414(s) of title 26 . (10) Special rules relating to age.— (A) Comparison to similarly situated younger individual.— (i) In general .— A plan shall not be treated as failing to meet the requirements of paragraph (1) if a participant’s accrued benefit, as determined as of any date under the terms of the plan, would be equal to or greater than that of any similarly situated, younger individual who is or could be a participant.

“defined benefit plan” applies in that section

The terms “employee pension benefit plan”, “defined benefit plan”, “defined contribution plan”, and “normal retirement age” have the meanings provided such terms in section 1002 of this title .;

“defined contribution plan” applies in that section

The terms “employee pension benefit plan”, “defined benefit plan”, “defined contribution plan”, and “normal retirement age” have the meanings provided such terms in section 1002 of this title .;

“early retirement benefit” applies in that section

the terms “early retirement benefit” and “retirement-type subsidy” have the meaning given such terms in section 1054(g)(2)(A) of this title . 2 (G) Benefit accrued to date .— For purposes of this paragraph, any reference to the accrued benefit shall be a reference to such benefit accrued to date.

“employee pension benefit plan” applies in that section

The terms “employee pension benefit plan”, “defined benefit plan”, “defined contribution plan”, and “normal retirement age” have the meanings provided such terms in section 1002 of this title .;

“indexing” applies in that section

the term “indexing” means, in connection with an accrued benefit, the periodic adjustment of the accrued benefit by means of the application of a recognized investment index or methodology. (F) Early retirement benefit or retirement-type subsidy .— For purposes of this paragraph,

“normal retirement age” applies in that section

The terms “employee pension benefit plan”, “defined benefit plan”, “defined contribution plan”, and “normal retirement age” have the meanings provided such terms in section 1002 of this title .;

“retiree health benefits” applies in that section

the term “retiree health benefits” means benefits provided pursuant to a group health plan covering retirees, for which (determined as of the contingent event unrelated to age)— (i) the package of benefits provided by the employer for the retirees who are below age 65 is at least comparable to benefits provided under title XVIII of the Social Security Act ( 42 U.S.C.

“retirement-type subsidy” applies in that section

the terms “early retirement benefit” and “retirement-type subsidy” have the meaning given such terms in section 1054(g)(2)(A) of this title . 2 (G) Benefit accrued to date .— For purposes of this paragraph, any reference to the accrued benefit shall be a reference to such benefit accrued to date.

“commerce” applies throughout its chapter

The term “commerce” means trade, traffic, commerce, transportation, transmission, or communication among the several States; or between a State and any place outside thereof; or within the District of Columbia, or a possession of the United States; or between points in the same State but through a point outside thereof.;

“employee” applies throughout its chapter

The term “employee” means an individual employed by any employer except that the term “employee” shall not include any person elected to public office in any State or political subdivision of any State by the qualified voters thereof, or any person chosen by such officer to be on such officer’s personal staff, or an appointee on the policymaking level or an immediate adviser with respect to the exercise of the constitutional or legal powers of the office. The exemption set forth in the preceding sentence shall not include employees subject to the civil service laws of a State government, governmental agency, or political subdivision.

“employer” applies throughout its chapter

The term “employer” means a person engaged in an industry affecting commerce who has twenty or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year: Provided , That prior to June 30, 1968 , employers having fewer than fifty employees shall not be considered employers. The term also means (1) any agent of such a person, and (2) a State or political subdivision of a State and any agency or instrumentality of a State or a political subdivision of a State, and any interstate agency, but such term does not include the United States, or a corporation wholly owned by the Government of the United States.;

“employment agency” applies throughout its chapter

The term “employment agency” means any person regularly undertaking with or without compensation to procure employees for an employer and includes an agent of such a person; but shall not include an agency of the United States.;

“firefighter” applies throughout its chapter

The term “firefighter” means an employee, the duties of whose position are primarily to perform work directly connected with the control and extinguishment of fires or the maintenance and use of firefighting apparatus and equipment, including an employee engaged in this activity who is transferred to a supervisory or administrative position.;

“industry affecting commerce” applies throughout its chapter

The term “industry affecting commerce” means any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce and includes any activity or industry “affecting commerce” within the meaning of the Labor-Management Reporting and Disclosure Act of 1959 [ 29 U.S.C. 401 et seq.].;

“labor organization” applies throughout its chapter

The term “labor organization” means a labor organization engaged in an industry affecting commerce, and any agent of such an organization, and includes any organization of any kind, any agency, or employee representation committee, group, association, or plan so engaged in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment, and any conference, general committee, joint or system board, or joint council so engaged which is subordinate to a national or international labor organization.

“law enforcement officer” applies throughout its chapter

The term “law enforcement officer” means an employee, the duties of whose position are primarily the investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of a State, including an employee engaged in this activity who is transferred to a supervisory or administrative position. For the purpose of this subsection, “detention” includes the duties of employees assigned to guard individuals incarcerated in any penal institution. (l) The term “compensation, terms, conditions, or privileges of employment” encompasses all employee benefits, including such benefits provided pursuant to a bona fide employee benefit plan.

“person” applies throughout its chapter

The term “person” means one or more individuals, partnerships, associations, labor organizations, corporations, business trusts, legal representatives, or any organized groups of persons.;

“State” applies throughout its chapter

The term “State” includes a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, the Canal Zone, and Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act [ 43 U.S.C. 1331 et seq.].;

“commerce” applies throughout its chapter

The term “commerce” means trade, traffic, commerce, transportation, or communication among the several States, or between a State and any place outside thereof, or within the District of Columbia, or a possession of the United States (other than the Trust Territory of the Pacific Islands), or between points in the same State but through a point outside thereof.;

“Commission” applies throughout its chapter

The term “Commission” means the Occupational Safety and Health Review Commission established under this chapter.;

“Committee” applies throughout its chapter

The term “Committee” means the National Advisory Committee on Occupational Safety and Health established under this chapter.;

“Director” applies throughout its chapter

The term “Director” means the Director of the National Institute for Occupational Safety and Health.;

“employee” applies throughout its chapter

The term “employee” means an employee of an employer who is employed in a business of his employer which affects commerce.;

“employer” applies throughout its chapter

The term “employer” means a person engaged in a business affecting commerce who has employees, but does not include the United States (not including the United States Postal Service) or any State or political subdivision of a State.;

“established Federal standard” applies throughout its chapter

The term “established Federal standard” means any operative occupational safety and health standard established by any agency of the United States and presently in effect, or contained in any Act of Congress in force on December 29, 1970 .;

“Institute” applies throughout its chapter

The term “Institute” means the National Institute for Occupational Safety and Health established under this chapter.;

“national consensus standard” applies throughout its chapter

The term “national consensus standard” means any occupational safety and health standard or modification thereof which (1), 2 has been adopted and promulgated by a nationally recognized standards-producing organization under procedures whereby it can be determined by the Secretary that persons interested and affected by the scope or provisions of the standard have reached substantial agreement on its adoption, (2) was formulated in a manner which afforded an opportunity for diverse views to be considered and (3) has been designated as such a standard by the Secretary, after consultation with other appropriate Federal agencies.;

“occupational safety and health standard” applies throughout its chapter

The term “occupational safety and health standard” means a standard which requires conditions, or the adoption or use of one or more practices, means, methods, operations, or processes, reasonably necessary or appropriate to provide safe or healthful employment and places of employment.;

“person” applies throughout its chapter

The term “person” means one or more individuals, partnerships, associations, corporations, business trusts, legal representatives, or any organized group of persons.;

“Secretary” applies throughout its chapter

The term “Secretary” mean 1 the Secretary of Labor.;

“State” applies throughout its chapter

The term “State” includes a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Trust Territory of the Pacific Islands.;

“Workmen’s Compensation Commission” applies throughout its chapter

The term “Workmen’s Compensation Commission” means the National Commission on State Workmen’s Compensation Laws established under this chapter.

“administrative costs” applies throughout its chapter

The term “administrative costs” means expenditures incurred in the performance of administrative functions under the vocational rehabilitation program carried out under subchapter I, including expenses related to program planning, development, monitoring, and evaluation, including expenses for— (A) quality assurance; (B) budgeting, accounting, financial management, information systems, and related data processing; (C) providing information about the program to the public; (D) technical assistance and support services to other State agencies, private nonprofit organizations, and businesses and industries, except for technical assistance and support services described in section 723(b)(5) of …

“American Indian” applies throughout its chapter

The terms “Indian”, “American Indian”, and “Indian American” mean an individual who is a member of an Indian tribe and includes a Native and a descendant of a Native, as such terms are defined in subsections (b) and (r) of section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 ). (B) Indian tribe

“applicant’s representative” applies throughout its chapter

The terms “individual’s representative” and “applicant’s representative” mean a parent, a family member, a guardian, an advocate, or an authorized representative of an individual or applicant, respectively. (23) Institution of higher education

“assessment for determining eligibility and vocational rehabilitation needs” applies throughout its chapter

The term “assessment for determining eligibility and vocational rehabilitation needs” means, as appropriate in each case— (A) (i) a review of existing data— (I) to determine whether an individual is eligible for vocational rehabilitation services; and (II) to assign priority for an order of selection described in section 721(a)(5)(A) of this title in the States that use an order of selection pursuant to section 721(a)(5)(A) of this title ; and (ii) to the extent necessary, the provision of appropriate assessment activities to obtain necessary additional data to make such determination and assignment; (B) to the extent additional data is necessary to make a determination of the employment …

“assistive technology” applies throughout its chapter

The term “assistive technology” has the meaning given such term in section 3002 of this title . (B) Assistive technology device

“assistive technology device” applies throughout its chapter

The term “assistive technology device” has the meaning given such term in section 3002 of this title , except that the reference in such section to the term “individuals with disabilities” shall be deemed to mean more than 1 individual with a disability as defined in paragraph (20)(A)). 1 (C) Assistive technology service

“assistive technology service” applies throughout its chapter

The term “assistive technology service” has the meaning given such term in section 3002 of this title , except that the reference in such section— (i) to the term “individual with a disability” shall be deemed to mean an individual with a disability, as defined in paragraph (20)(A); and (ii) to the term “individuals with disabilities” shall be deemed to mean more than 1 such individual. (4) Community rehabilitation program

“community rehabilitation program” applies throughout its chapter

The term “community rehabilitation program” means a program that provides directly or facilitates the provision of vocational rehabilitation services to individuals with disabilities, and that provides, singly or in combination, for an individual with a disability to enable the individual to maximize opportunities for employment, including career advancement— (A) medical, psychiatric, psychological, social, and vocational services that are provided under one management; (B) testing, fitting, or training in the use of prosthetic and orthotic devices; (C) recreational therapy; (D) physical and occupational therapy; (E) speech, language, and hearing therapy; (F) psychiatric, psychological, and …

“competitive integrated employment” applies throughout its chapter

The term “competitive integrated employment” means work that is performed on a full-time or part-time basis (including self-employment)— (A) for which an individual— (i) is compensated at a rate that— (I) (aa) shall be not less than the higher of the rate specified in section 206(a)(1) of this title or the rate specified in the applicable State or local minimum wage law; and (bb) is not less than the customary rate paid by the employer for the same or similar work performed by other employees who are not individuals with disabilities, and who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills; or (II) in the case of an …

“construction” applies throughout its chapter

The term “construction” means— (i) the construction of new buildings; (ii) the acquisition, expansion, remodeling, alteration, and renovation of existing buildings; and (iii) initial equipment of buildings described in clauses (i) and (ii). (B) Cost of construction

“cost of construction” applies throughout its chapter

The term “cost of construction” includes architects’ fees and the cost of acquisition of land in connection with construction but does not include the cost of offsite improvements. (7) Customized employment

“customized employment” applies throughout its chapter

The term “customized employment” means competitive integrated employment, for an individual with a significant disability, that is based on an individualized determination of the strengths, needs, and interests of the individual with a significant disability, is designed to meet the specific abilities of the individual with a significant disability and the business needs of the employer, and is carried out through flexible strategies, such as— (A) job exploration by the individual; (B) working with an employer to facilitate placement, including— (i) customizing a job description based on current employer needs or on previously unidentified and unmet employer needs; (ii) developing a set of …

“designated State agency” applies throughout its chapter

The term “designated State agency” means an agency designated under section 721(a)(2)(A) of this title . (B) Designated State unit

“designated State unit” applies throughout its chapter

The term “designated State unit” means— (i) any State agency unit required under section 721(a)(2)(B)(ii) of this title ; or (ii) in cases in which no such unit is so required, the State agency described in section 721(a)(2)(B)(i) of this title . (9) Disability

“disability” applies throughout its chapter

The term “disability” means— (A) except as otherwise provided in subparagraph (B), a physical or mental impairment that constitutes or results in a substantial impediment to employment; or (B) for purposes of sections 701, 711, and 712 of this title, and subchapters II, IV, V, and VII, the meaning given it in section 12102 of title 42 . (10) Drug and illegal use of drugs (A) Drug

“drug” applies throughout its chapter

The term “drug” means a controlled substance, as defined in schedules I through V of section 202 of the Controlled Substances Act ( 21 U.S.C. 812 ). (B) Illegal use of drugs

“employment outcome” applies throughout its chapter

The term “employment outcome” means, with respect to an individual— (A) entering or retaining full-time or, if appropriate, part-time competitive employment in the integrated labor market; (B) satisfying the vocational outcome of supported employment; or (C) satisfying any other vocational outcome the Secretary of Education may determine to be appropriate (including satisfying the vocational outcome of customized employment, self-employment, telecommuting, or business ownership), in a manner consistent with this chapter. (12) Establishment of a community rehabilitation program

“establishment of a community rehabilitation program” applies throughout its chapter

The term “establishment of a community rehabilitation program” includes the acquisition, expansion, remodeling, or alteration of existing buildings necessary to adapt them to community rehabilitation program purposes or to increase their effectiveness for such purposes (subject, however, to such limitations as the Secretary of Education may determine, in accordance with regulations the Secretary of Education shall prescribe, in order to prevent impairment of the objectives of, or duplication of, other Federal laws providing Federal assistance in the construction of facilities for community rehabilitation programs), and may include such additional equipment and staffing as the Commissioner …

“extended services” applies throughout its chapter

The term “extended services” means ongoing support services and other appropriate services, needed to support and maintain an individual with a most significant disability in supported employment, that— (A) are provided singly or in combination and are organized and made available in such a way as to assist an eligible individual in maintaining supported employment; (B) are based on a determination of the needs of an eligible individual, as specified in an individualized plan for employment; and (C) are provided by a State agency, a nonprofit private organization, employer, or any other appropriate resource, after an individual has made the transition from support provided by the designated …

“Federal share” applies throughout its chapter

the term “Federal share” means 78.7 percent. (B) Exception

“Governor” applies throughout its chapter

The term “Governor” means a chief executive officer of a State. (16) Impartial hearing officer (A) In general

“illegal use of drugs” applies throughout its chapter

The term “illegal use of drugs” means the use of drugs, the possession or distribution of which is unlawful under the Controlled Substances Act [ 21 U.S.C. 801 et seq.]. Such term does not include the use of a drug taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act or other provisions of Federal law. (11) Employment outcome

“impartial hearing officer” applies throughout its chapter

The term “impartial hearing officer” means an individual— (i) who is not an employee of a public agency (other than an administrative law judge, hearing examiner, or employee of an institution of higher education); (ii) who is not a member of the State Rehabilitation Council described in section 725 of this title ; (iii) who has not been involved previously in the vocational rehabilitation of the applicant or eligible individual; (iv) who has knowledge of the delivery of vocational rehabilitation services, the State plan under section 721 of this title , and the Federal and State rules governing the provision of such services and training with respect to the performance of official duties; …

“independent living core services” applies throughout its chapter

The term “independent living core services” means— (A) information and referral services; (B) independent living skills training; (C) peer counseling (including cross-disability peer counseling); (D) individual and systems advocacy; and (E) services that— (i) facilitate the transition of individuals with significant disabilities from nursing homes and other institutions to home and community-based residences, with the requisite supports and services; (ii) provide assistance to individuals with significant disabilities who are at risk of entering institutions so that the individuals may remain in the community; and (iii) facilitate the transition of youth who are individuals with significant …

“independent living services” applies throughout its chapter

The term “independent living services” includes— (A) independent living core services; and (B) (i) counseling services, including psychological, psychotherapeutic, and related services; (ii) services related to securing housing or shelter, including services related to community group living, and supportive of the purposes of this chapter and of the subchapters of this chapter, and adaptive housing services (including appropriate accommodations to and modifications of any space used to serve, or occupied by, individuals with disabilities); (iii) rehabilitation technology; (iv) mobility training; (v) services and training for individuals with cognitive and sensory disabilities, including …

“Indian” applies throughout its chapter

The terms “Indian”, “American Indian”, and “Indian American” mean an individual who is a member of an Indian tribe and includes a Native and a descendant of a Native, as such terms are defined in subsections (b) and (r) of section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 ). (B) Indian tribe

“Indian American” applies throughout its chapter

The terms “Indian”, “American Indian”, and “Indian American” mean an individual who is a member of an Indian tribe and includes a Native and a descendant of a Native, as such terms are defined in subsections (b) and (r) of section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 ). (B) Indian tribe

“Indian tribe” applies throughout its chapter

The term “Indian tribe” means any Federal or State Indian tribe, band, rancheria, pueblo, colony, or community, including any Alaskan native village or regional village corporation (as defined in or established pursuant to the Alaska Native Claims Settlement Act [ 43 U.S.C. 1601 et seq.]) and a tribal organization (as defined in section 5304( l ) of title 25). (20) Individual with a disability (A) In general Except as otherwise provided in subparagraph (B),

“individual with a disability” applies throughout its chapter

the term “individual with a disability” means any individual who— (i) has a physical or mental impairment which for such individual constitutes or results in a substantial impediment to employment; and (ii) can benefit in terms of an employment outcome from vocational rehabilitation services provided pursuant to subchapter I, III, or VI. (B) Certain programs; limitations on major life activities Subject to subparagraphs (C), (D), (E), and (F),

“individual with a significant disability” applies throughout its chapter

the term “individual with a significant disability” means an individual with a disability— (i) who has a severe physical or mental impairment which seriously limits one or more functional capacities (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome; (ii) whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time; and (iii) who has one or more physical or mental disabilities resulting from amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart …

“individuals with disabilities” applies throughout its chapter

The term “individuals with disabilities” means more than one individual with a disability. (21) Individual with a significant disability (A) In general Except as provided in subparagraph (B) or (C),

“individuals with significant disabilities” applies throughout its chapter

The term “individuals with significant disabilities” means more than one individual with a significant disability. (E) Individual with a most significant disability (i) In general The term “individual with a most significant disability”, used with respect to an individual in a State, means an individual with a significant disability who meets criteria established by the State under section 721(a)(5)(C) of this title . (ii) Individuals with the most significant disabilities

“individuals with the most significant disabilities” applies throughout its chapter

The term “individuals with the most significant disabilities” means more than one individual with a most significant disability. (22) Individual’s representative; applicant’s representative

“individual’s representative” applies throughout its chapter

The terms “individual’s representative” and “applicant’s representative” mean a parent, a family member, a guardian, an advocate, or an authorized representative of an individual or applicant, respectively. (23) Institution of higher education

“institution of higher education” applies throughout its chapter

The term “institution of higher education” has the meaning given the term in section 1002 of title 20 . (24) Local agency

“local agency” applies throughout its chapter

The term “local agency” means an agency of a unit of general local government or of an Indian tribe (or combination of such units or tribes) which has an agreement with the designated State agency to conduct a vocational rehabilitation program under the supervision of such State agency in accordance with the State plan approved under section 721 of this title . Nothing in the preceding sentence of this paragraph or in section 721 of this title shall be construed to prevent the local agency from arranging to utilize another local public or nonprofit agency to provide vocational rehabilitation services if such an arrangement is made part of the agreement specified in this paragraph.

“local workforce development board” applies in that section

The term “local workforce development board” means a local board, as defined in section 3 of the Workforce Innovation and Opportunity Act [ 29 U.S.C. 3102 ]. (26) Nonprofit The term “nonprofit”, when used with respect to a community rehabilitation program, means a community rehabilitation program carried out by a corporation or association, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual and the income of which is exempt from taxation under section 501(c)(3) of title 26 . (27) Ongoing support services

“ongoing support services” applies in that section

The term “ongoing support services” means services— (A) provided to individuals with the most significant disabilities; (B) provided, at a minimum, twice monthly— (i) to make an assessment, regarding the employment situation, at the worksite of each such individual in supported employment, or, under special circumstances, especially at the request of the client, off site; and (ii) based on the assessment, to provide for the coordination or provision of specific intensive services, at or away from the worksite, that are needed to maintain employment stability; and (C) consisting of— (i) a particularized assessment supplementary to the comprehensive assessment described in paragraph (2)(B); …

“personal assistance services” applies in that section

The term “personal assistance services” means a range of services, provided by one or more persons, designed to assist an individual with a disability to perform daily living activities on or off the job that the individual would typically perform if the individual did not have a disability. Such services shall be designed to increase the individual’s control in life and ability to perform everyday activities on or off the job. (30) 2 Pre-employment transition services

“pre-employment transition services” applies in that section

The term “pre-employment transition services” means services provided in accordance with section 733 of this title . (31) Public or nonprofit The term “public or nonprofit”, used with respect to an agency or organization, includes an Indian tribe. (32) Rehabilitation technology

“rehabilitation technology” applies in that section

The term “rehabilitation technology” means the systematic application of technologies, engineering methodologies, or scientific principles to meet the needs of and address the barriers confronted by individuals with disabilities in areas which include education, rehabilitation, employment, transportation, independent living, and recreation. The term includes rehabilitation engineering, assistive technology devices, and assistive technology services. (33) Secretary Unless where the context otherwise requires,

“Secretary” applies in that section

the term “Secretary”— (A) used in subchapter I, III, IV, V, VI, or part B of subchapter VII, means the Secretary of Education; and (B) used in subchapter II or part A of subchapter VII, means the Secretary of Health and Human Services. (34) State

“State” applies in that section

The term “State” includes, in addition to each of the several 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. (35) State workforce development board

“State workforce development board” applies in that section

The term “State workforce development board” means a State board, as defined in section 3 of the Workforce Innovation and Opportunity Act [ 29 U.S.C. 3102 ]. (36) Statewide workforce development system

“statewide workforce development system” applies in that section

The term “statewide workforce development system” means a workforce development system, as defined in section 3 of the Workforce Innovation and Opportunity Act [ 29 U.S.C. 3102 ]. (37) Student with a disability (A) In general

“student with a disability” applies in that section

The term “student with a disability” means an individual with a disability who— (i) (I) (aa) is not younger than the earliest age for the provision of transition services under section 614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1414(d)(1)(A)(i)(VIII) ); or (bb) if the State involved elects to use a lower minimum age for receipt of pre-employment transition services under this chapter, is not younger than that minimum age; and (II) (aa) is not older than 21 years of age; or (bb) if the State law for the State provides for a higher maximum age for receipt of services under the Individuals with Disabilities Education Act ( 20 U.S.C.

“students with disabilities” applies in that section

The term “students with disabilities” means more than 1 student with a disability. (38) Supported employment

“supported employment” applies in that section

The term “supported employment” means competitive integrated employment, including customized employment, or employment in an integrated work setting in which individuals are working on a short-term basis toward competitive integrated employment, that is individualized and customized consistent with the strengths, abilities, interests, and informed choice of the individuals involved, for individuals with the most significant disabilities— (A) (i) for whom competitive integrated employment has not historically occurred; or (ii) for whom competitive integrated employment has been interrupted or intermittent as a result of a significant disability; and (B) who, because of the nature and …

“supported employment services” applies in that section

The term “supported employment services” means ongoing support services, including customized employment, needed to support and maintain an individual with a most significant disability in supported employment, that— (A) are provided singly or in combination and are organized and made available in such a way as to assist an eligible individual to achieve competitive integrated employment; (B) are based on a determination of the needs of an eligible individual, as specified in an individualized plan for employment; and (C) are provided by the designated State unit for a period of not more than 24 months, except that period may be extended, if necessary, in order to achieve the employment …

“vocational rehabilitation services” applies in that section

The term “vocational rehabilitation services” means those services identified in section 723 of this title which are provided to individuals with disabilities under this chapter. (41) Workforce investment activities

“workforce investment activities” applies in that section

The term “workforce investment activities” means workforce investment activities, as defined in section 3 of the Workforce Innovation and Opportunity Act [ 29 U.S.C. 3102 ], that are carried out under that Act. (42) Youth with a disability (A) In general

“youth with a disability” applies in that section

The term “youth with a disability” means an individual with a disability who— (i) is not younger than 14 years of age; and (ii) is not older than 24 years of age. (B) Youth with disabilities

“youth with disabilities” applies in that section

The term “youth with disabilities” means more than 1 youth with a disability.

“United States” applies in that section

The term “United States” means (but only for purposes of this subsection) the 50 States and the District of Columbia. (b) The population of the several States and of the United States shall be determined on the basis of the most recent data available, to be furnished by the Department of Commerce by October 1 of the year preceding the fiscal year for which funds are appropriated pursuant to statutory authorizations.

“historically Black college or university” applies in that section

The term “historically Black college or university” means a part B institution, as defined in section 1061(2) of title 20 . (B) Minority entity

“minority entity” applies in that section

The term “minority entity” means an entity that is a historically Black college or university, a Hispanic-serving institution of higher education, an American Indian tribal college or university, or another institution of higher education whose minority student enrollment is at least 50 percent.

“Consumer Price Index” applies in that section

the term “Consumer Price Index” means the Consumer Price Index for All Urban Consumers, published monthly by the Bureau of Labor Statistics. (d) Extension (1) In general (A) Authorization or duration of program Unless the Congress in the regular session which ends prior to the beginning of the terminal fiscal year— (i) of the authorization of appropriations for the program authorized by the State grant program under part B of this subchapter; or (ii) of the duration of the program authorized by the State grant program under part B of this subchapter; has passed legislation which would have the effect of extending the authorization or duration (as the case may be) of such program, such …

“alternative means of dispute resolution” applies in that section

the term “alternative means of dispute resolution” means any procedure, including good faith negotiation, conciliation, facilitation, mediation, factfinding, and arbitration, and any combination of procedures, that is used in lieu of litigation in a court or formal adjudication in an administrative forum, to resolve a dispute arising under this section. (4) For purposes of any periodic audit, report, or evaluation of the performance of a client assistance program under this section, the Secretary shall not require such a program to disclose the identity of, or any other personally identifiable information related to, any individual requesting assistance under such program.

“American Indian Consortium” applies in that section

The term “American Indian Consortium” has the meaning given the term in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 ).;

“protection and advocacy system” applies in that section

The term “protection and advocacy system” means a protection and advocacy system established under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq.). (F) For any fiscal year for which the amount appropriated under subsection (h) equals or exceeds $14,000,000, the Secretary may reserve not less than 1.8 percent and not more than 2.2 percent of such amount to provide a grant for training and technical assistance for the programs established under this section. Such training and technical assistance shall be coordinated with activities provided under section 794e(c)(1)(A) of this title .

“reservation” applies in that section

The term “reservation” includes Indian reservations, public domain Indian allotments, former Indian reservations in Oklahoma, and land held by incorporated Native groups, regional corporations, and village corporations under the provisions of the Alaska Native Claims Settlement Act [ 43 U.S.C. 1601 et seq.].

“assistive technology” applies in that section

the terms “assistive technology” and “universal design” have the meanings given the terms in section 3002 of this title ; and (2) the term “independent living”, used in connection with research, means research on issues and topics related to attaining maximum self-sufficiency and function by individuals with disabilities, including research on assistive technology and universal design, employment, education, health and wellness, and community integration and participation.