Collapse to view only § 3102. Definitions
§ 3101. Purposes
The purposes of this Act are the following:
(1) To increase, for individuals in the United States, particularly those individuals with barriers to employment, access to and opportunities for the employment, education, training, and support services they need to succeed in the labor market.
(2) To support the alignment of workforce investment, education, and economic development systems in support of a comprehensive, accessible, and high-quality workforce development system in the United States.
(3) To improve the quality and labor market relevance of workforce investment, education, and economic development efforts to provide America’s workers with the skills and credentials necessary to secure and advance in employment with family-sustaining wages and to provide America’s employers with the skilled workers the employers need to succeed in a global economy.
(4) To promote improvement in the structure of and delivery of services through the United States workforce development system to better address the employment and skill needs of workers, jobseekers, and employers.
(5) To increase the prosperity of workers and employers in the United States, the economic growth of communities, regions, and States, and the global competitiveness of the United States.
(6) For purposes of parts A and B of subchapter I, to provide workforce investment activities, through statewide and local workforce development systems, that increase the employment, retention, and earnings of participants, and increase attainment of recognized postsecondary credentials by participants, and as a result, improve the quality of the workforce, reduce welfare dependency, increase economic self-sufficiency, meet the skill requirements of employers, and enhance the productivity and competitiveness of the Nation.
(Pub. L. 113–128, § 2, July 22, 2014, 128 Stat. 1428.)
§ 3102. DefinitionsIn this Act, and the core program provisions that are not in this Act, except as otherwise expressly provided:
(1) Administrative costs
(2) Adult
(3) Adult education; adult education and literacy activities
(4) Area career and technical education school
(5) Basic skills deficientThe 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
(7) Career pathwayThe 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. 50 et seq.) (referred to individually in this Act as an “apprenticeship”, except in section 3226 of this title);
(C) includes counseling to support an individual in achieving the individual’s education and career goals;
(D) includes, as appropriate, education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster;
(E) organizes education, training, and other services to meet the particular needs of an individual in a manner that accelerates the educational and career advancement of the individual to the extent practicable;
(F) enables an individual to attain a secondary school diploma or its recognized equivalent, and at least 1 recognized postsecondary credential; and
(G) helps an individual enter or advance within a specific occupation or occupational cluster.
(8) Career planningThe 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 officialThe 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
(11) Competitive integrated employment
(12) Core program
(13) Core program provisionThe 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 trainingThe 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), relation of the training to the competitiveness of a participant, and other employer-provided training and advancement opportunities; and
(ii) in the case of customized training (as defined in subparagraphs (A) and (B)) involving an employer located in multiple local areas in the State, a significant portion of the cost of the training, as determined by the Governor of the State, taking into account the size of the employer and such other factors as the Governor determines to be appropriate.
(15) Dislocated workerThe 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 occupation;
(B)
(i) has been terminated or laid off, or has received a notice of termination or layoff, from employment as a result of any permanent closure of, or any substantial layoff at, a plant, facility, or enterprise;
(ii) is employed at a facility at which the employer has made a general announcement that such facility will close within 180 days; or
(iii) for purposes of eligibility to receive services other than training services described in section 3174(c)(3) of this title, career services described in section 3174(c)(2)(A)(xii) of this title, or supportive services, is employed at a facility at which the employer has made a general announcement that such facility will close;
(C) was self-employed (including employment as a farmer, a rancher, or a fisherman) but is unemployed as a result of general economic conditions in the community in which the individual resides or because of natural disasters;
(D) is a displaced homemaker; or
(E)
(i) is the spouse of a member of the Armed Forces on active duty (as defined in section 101(d)(1) of title 10), and who has experienced a loss of employment as a direct result of relocation to accommodate a permanent change in duty station of such member; or
(ii) is the spouse of a member of the Armed Forces on active duty and who meets the criteria described in paragraph (16)(B).
(16) Displaced homemakerThe 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 defined in section 101(16) of title 38) death or disability of the member; and
(B) is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment.
(17) Economic development agency
(18) Eligible youth
(19) Employment and training activity
(20) English language acquisition program
(21) English language learner
(22) Governor
(23) In-demand industry sector or occupation
(A) In generalThe 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 appropriate.
(B) Determination
(24) Individual with a barrier to employmentThe 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.
(I) Individuals who are English language learners, individuals who have low levels of literacy, and individuals facing substantial cultural barriers.
(J) Eligible migrant and seasonal farmworkers, as defined in section 3222(i) of this title.
(K) Individuals within 2 years of exhausting lifetime eligibility under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.).
(L) Single parents (including single pregnant women).
(M) Long-term unemployed individuals.
(N) Such other groups as the Governor involved determines to have barriers to employment.
(25) Individual with a disability
(A) In general
(B) Individuals with disabilities
(26) Industry or sector partnershipThe 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 more representatives of an institution of higher education with, or another provider of, education or training programs that support the industry cluster; and
(B) may include representatives of—
(i) State or local government;
(ii) State or local economic development agencies;
(iii) State boards or local boards, as appropriate;
(iv) a State workforce agency or other entity providing employment services;
(v) other State or local agencies;
(vi) business or trade associations;
(vii) economic development organizations;
(viii) nonprofit organizations, community-based organizations, or intermediaries;
(ix) philanthropic organizations;
(x) industry associations; and
(xi) other organizations, as determined to be necessary by the members comprising the industry or sector partnership.
(27) In-school youth
(28) Institution of higher education
(29) Integrated education and training
(30) Labor market area
(31) Literacy
(32) Local area
(33) Local board
(34) Local educational agency
(35) Local plan
(36) Low-income individual
(A) In generalThe 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 ( 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 (
(ii) is in a family with total family income that does not exceed the higher of—(I) the poverty line; or(II) 70 percent of the lower living standard income level;
(iii) is a homeless individual (as defined in section 12473(6) of title 34), or a homeless child or youth (as defined under section 11434a(2) of title 42);
(iv) receives or is eligible to receive a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.);
(v) is a foster child on behalf of whom State or local government payments are made; or
(vi) is an individual with a disability whose own income meets the income requirement of clause (ii), but who is a member of a family whose income does not meet this requirement.
(B) Lower living standard income level
(37) Nontraditional employment
(38) OffenderThe 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
(40) One-stop center
(41) One-stop operator
(42) One-stop partnerThe 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
(44) On-the-job trainingThe 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 span of the training, the prior work experience of the participant, and the service strategy of the participant, as appropriate.
(45) Outlying areaThe 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
(47) Pay-for-performance contract strategyThe 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 described in section 3141(b)(2)(A) of this title for target populations as identified by the local board (including individuals with barriers to employment), within a defined timetable, and which may provide for bonus payments to such service provider to expand capacity to provide effective training;
(B) a strategy for independently validating the achievement of the performance described in subparagraph (A); and
(C) a description of how the State or local area will reallocate funds not paid to a provider because the achievement of the performance described in subparagraph (A) did not occur, for further activities related to such a procurement strategy, subject to section 3249(g)(4) of this title.
(48) Planning region
(49) Poverty line
(50) Public assistance
(51) Rapid response activityThe 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 the State is made aware of mass job dislocation as a result of such disaster;
(B) the provision of information on and access to available employment and training activities;
(C) assistance in establishing a labor-management committee, voluntarily agreed to by labor and management, with the ability to devise and implement a strategy for assessing the employment and training needs of dislocated workers and obtaining services to meet such needs;
(D) the provision of emergency assistance adapted to the particular closure, layoff, or disaster; and
(E) the provision of assistance to the local community in developing a coordinated response and in obtaining access to State economic development assistance.
(52) Recognized postsecondary credential
(53) Region
(54) School dropout
(55) Secondary school
(56) State
(57) State board
(58) State plan
(59) Supportive services
(60) Training services
(61) Unemployed individual
(62) Unit of general local government
(63) Veteran; related definition
(A) Veteran
(B) Recently separated veteran
(64) Vocational rehabilitation program
(65) Workforce development activity
(66) Workforce development program
(67) Workforce development system
(68) Workforce investment activity
(69) Workforce preparation activities
(70) Workplace learning advisor
(71) Youth workforce investment activity
(Pub. L. 113–128, § 3, July 22, 2014, 128 Stat. 1429; Pub. L. 114–95, title IX, § 9215(yyy)(1), Dec. 10, 2015, 129 Stat. 2191.)