1998 US Code
Title 29 - LABOR
CHAPTER 19 - JOB TRAINING PARTNERSHIP
Sec. 1503 - Definitions

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§1503. Definitions

For the purposes of this chapter, the following definitions apply:

(1) The term “academic credit” means credit for education, training, or work experience applicable toward a secondary school diploma, a postsecondary degree, or an accredited certificate of completion, consistent with applicable State law and regulation and the requirements of an accredited educational agency or institution in a State.

(2) The term “administrative entity” means the entity designated to administer a job training plan under section 1513(b)(1)(B) of this title.

(3) The term “area of substantial unemployment” means any area of sufficient size and scope to sustain programs under parts A and C of subchapter II of this chapter and which has an average rate of unemployment of at least 6.5 percent for the most recent twelve months as determined by the Secretary. Determinations of areas of substantial unemployment shall be made once each fiscal year.

(4) The term “chief elected official” includes—

(A) in the case of a State, the Governor;

(B) in the District of Columbia, the mayor; and

(C) in the case of a service delivery area designated under section 1511(a)(4)(A)(iii) of this title, the governing body.

(5) The term “community-based organizations” means private nonprofit organizations which are representative of communities or significant segments of communities and which provide job training services (for example, Opportunities Industrialization Centers, the National Urban League, SER-Jobs for Progress, United Way of America, Mainstream, the National Puerto Rican Forum, National Council of La Raza, 70,001, Jobs for Youth, the Association of Farmworker Opportunity Programs, the Center for Employment Training, literacy organizations, agencies or organizations serving older individuals, organizations that provide service opportunities, youth corps programs, organizations operating career intern programs, neighborhood groups and organizations, community action agencies, community development corporations, vocational rehabilitation organizations, rehabilitation facilities (as defined in section 7(10) 1 of the Rehabilitation Act of 1973 [29 U.S.C. 706(10)]), agencies serving youth, agencies serving individuals with disabilities, including disabled veterans, agencies serving displaced homemakers, union-related organizations, and employer-related nonprofit organizations), and organizations serving nonreservation Indians, as well as tribal governments and Native Alaskan groups.

(6) Except as otherwise provided therein, the term “council” means the private industry council established under section 1512 of this title.

(7) The term “economic development agencies” includes local planning and zoning commissions or boards, community development agencies, and other local agencies and institutions responsible for regulating, promoting, or assisting in local economic development.

(8) The term “economically disadvantaged” means an individual who (A) receives, or is a member of a family which receives, cash welfare payments under a Federal, State, or local welfare program; (B) has, or is a member of a family which has, received a total family income for the six-month period prior to application for the program involved (exclusive of unemployment compensation, child support payments, and welfare payments) which, in relation to family size, was not in excess of the higher of (i) the official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 9902(2) of title 42,2 or (ii) 70 percent of the lower living standard income level; (C) is receiving (or has been determined within the 6-month period prior to the application for the program involved to be eligible to receive) food stamps pursuant to the Food Stamp Act of 1977 [7 U.S.C. 2011 et seq.]; (D) qualifies as a homeless individual under subsections (a) and (c) of section 103 of the Stewart B. McKinney Homeless Assistance Act [42 U.S.C. 11302(a), (c)]; (E) is a foster child on behalf of whom State or local government payments are made; or (F) in cases permitted by regulations of the Secretary, is an individual with a disability whose own income meets the requirements of clause (A) or (B), but who is a member of a family whose income does not meet such requirements.

(9) The term “Governor” means the chief executive of any State.

(10)(A) The term “individual with a disability” means any individual who has a physical or mental disability which for such individual constitutes or results in a substantial handicap to employment.

(B) The term “individuals with disabilities” means more than one individual with a disability.

(11) The term “Hawaiian native” means any individual any of whose ancestors were natives, prior to 1778, of the area which now comprises the State of Hawaii.

(12) The term “institution of higher education” means any institution of higher education as that term is defined in section 1201(a) of the Higher Education Act of 1965 [20 U.S.C. 1141(a)].

(13) 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 areas 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.

(14) The term “local educational agency” means such an agency as defined in section 521(22) of the Carl D. Perkins Vocational 3 Education Act [20 U.S.C. 2471(22)].

(15) The term “low-income level” means ,000 with respect to income in 1969, and for any later year means that amount which bears the same relationship to ,000 as the Consumer Price Index for that year bears to the Consumer Price Index for 1969, rounded to the nearest ,000.

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

(17) The term “offender” means any adult or juvenile who is or has been subject to any stage of the criminal justice process for whom services under this chapter may be beneficial or who requires assistance in overcoming artificial barriers to employment resulting from a record of arrest or conviction.

(18) The term “postsecondary institution” means an institution of higher education as that term is defined in section 481(a)(1) of the Higher Education Act of 1965 [20 U.S.C. 1088(a)(1)].

(19) The term “private sector” means, for purposes of the State job training councils and private industry councils, persons who are owners, chief executives or chief operating officers of private for-profit employers and major nongovernmental employers, such as health and educational institutions or other executives of such employers who have substantial management or policy responsibility.

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

(21) The term “Secretary” means the Secretary of Labor.

(22) The term “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, American Samoa, the Federated States of Micronesia, the Republic of the Marshall Islands, and Palau.

(23) The term “State educational agency” means such an agency as defined in section 14101 of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 8801].

(24) The term “supportive services” means services which are necessary to enable an individual eligible for training under this chapter, but who cannot afford to pay for such services, to participate in a training program funded under this chapter. Such supportive services may include transportation, health care, financial assistance (except as a post-termination service), drug and alcohol abuse counseling and referral, individual and family counseling, special services, and materials for individuals with disabilities, job coaches, child care and dependent care, meals, temporary shelter, financial counseling, and other reasonable expenses required for participation in the training program and may be provided in-kind or through cash assistance.

(25) The term “unemployed individuals” means individuals who are without jobs and who want and are available for work. The determination of whether individuals are without jobs 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.

(26) The term “unit of general local government” means any general purpose political subdivision of a State which has the power to levy taxes and spend funds, as well as general corporate and police powers.

(27)(A) The term “veteran” means an individual who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable.

(B) The term “disabled veteran” means (i) a veteran who is entitled to compensation under laws administered by the Secretary of Veterans Affairs, or (ii) an individual who was discharged or released from active duty because of service-connected disability.

(C) The term “recently separated veteran” means any veteran who applies for participation under any subchapter of this chapter within 48 months of the discharge or release from active military, naval, or air service.

(D) The term “Vietnam era veteran” means a veteran any part of whose active military service occurred between August 5, 1964, and May 7, 1975.

(28) The term “vocational education” has the meaning provided in section 521(41) of the Carl D. Perkins Vocational 4 Education Act [20 U.S.C. 2471(41)].

(29) The term “displaced homemaker” means an individual who has been providing unpaid services to family members in the home and who—

(A) has been dependent either—

(i) on public assistance and whose youngest child is within 2 years of losing eligibility under part A of title IV of the Social Security Act [42 U.S.C. 601 et seq.]; or

(ii) on the income of another family member but is no longer supported by that income; and

(B) is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment.

(30) The term “nontraditional employment” as applied to women refers to occupations or fields of work where women comprise less than 25 percent of the individuals employed in such occupation or field of work.

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

(32) The term “case management” means the provision of a client-centered approach in the delivery of services, designed to—

(A) prepare and coordinate comprehensive employment plans, such as service strategies, for participants to ensure access to the necessary training and supportive services, using, where feasible, computer-based technologies; and

(B) provide job and career counseling during program participation and after job placement.

(33) The term “citizenship skills” means skills and qualities, such as teamwork, problem-solving ability, self-esteem, initiative, leadership, commitment to life-long learning, and an ethic of civic responsibility, that are characteristic of productive workers and good citizens.

(34) The term “family” means two or more persons related by blood, marriage, or decree of court, who are living in a single residence, and are included in one or more of the following categories:

(A) A husband, wife, and dependent children.

(B) A parent or guardian and dependent children.

(C) A husband and wife.

(35) The term “hard-to-serve individual” means an individual who is included in one or more of the categories described in section 1603(b) of this title or subsection (b) or (d) of section 1643 of this title.

(36) The term “JOBS” means the Job Opportunities and Basic Skills Training Program authorized under part F 5 of title IV of the Social Security Act (42 U.S.C. 681 et seq.).

(37) The term “participant” means an individual who has been determined to be eligible to participate in and who is receiving services (except post-termination services authorized under sections 1604(c)(4) and 1644(d)(5) of this title and followup services authorized under section 1632(d) of this title) under a program authorized by this chapter. Participation shall be deemed to commence on the first day, following determination of eligibility, on which the participant began receiving subsidized employment, training, or other services provided under this chapter.

(38) The term “school dropout” means an individual who is no longer attending any school and who has not received a secondary school diploma or a certificate from a program of equivalency for such a diploma.

(39) The term “termination” means the separation of a participant who is no longer receiving services (except post-termination services authorized under sections 1604(c)(4) and 1644(d)(5) of this title and followup services authorized under section 1632(d) of this title) under a program authorized by this chapter.

(40) The term “youth corps program” means a program, such as a conservation corps or youth service program, that offers productive work with visible community benefits in a natural resource or human service setting and that gives participants a mix of work experience, basic and life skills, education, training, and supportive services.

(Pub. L. 97–300, §4, Oct. 13, 1982, 96 Stat. 1325; Pub. L. 98–524, §4(a)(1), Oct. 19, 1984, 98 Stat. 2487; Pub. L. 99–159, title VII, §713(b)(1), Nov. 22, 1985, 99 Stat. 907; Pub. L. 99–496, §§14(b)(1), 15(a), Oct. 16, 1986, 100 Stat. 1265; Pub. L. 100–77, title VII, §740(a), July 22, 1987, 101 Stat. 531; Pub. L. 102–54, §13(k)(2)(A), June 13, 1991, 105 Stat. 276; Pub. L. 102–235, §3, Dec. 12, 1991, 105 Stat. 1807; Pub. L. 102–367, title I, §103(a), (b)(1), title VII, §702(a)(1)–(3), Sept. 7, 1992, 106 Stat. 1024, 1026, 1111, 1112; Pub. L. 103–382, title III, §391(n)(1), Oct. 20, 1994, 108 Stat. 4023; Pub. L. 104–193, title I, §110(n)(1), Aug. 22, 1996, 110 Stat. 2174.)

Repeal of Section

Pub. L. 105–220, title I, §199(b)(2), (c)(2)(B), Aug. 7, 1998, 112 Stat. 1059, provided that this section is repealed effective July 1, 2000.

References in Text

Section 7 of the Rehabilitation Act of 1973, referred to in par. (5), was subsequently amended, and section 7(10) no longer defines the term “rehabilitation facility”. However, such term is defined elsewhere in that section.

The Food Stamp Act of 1977, referred to in par. (8)(C), is Pub. L. 88–525, Aug. 31, 1964, 78 Stat. 703, as amended, which is classified generally to chapter 51 (§2011 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 7 and Tables.

The Social Security Act, referred to in pars. (29)(A)(i) and (36), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title IV of the Act is classified generally to part A (§601 et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. Part F of title IV of the Act was classified to part F (§681 et seq.) of subchapter IV of chapter 7 of Title 42 prior to repeal by Pub. L. 104–193, title I, §108(e), Aug. 22, 1996, 110 Stat. 2167. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Amendments

1996—Par. (29)(A)(i). Pub. L. 104–193 struck out “(42 U.S.C. 601 et seq.)” after “Social Security Act”.

1994—Par. (23). Pub. L. 103–382 substituted “section 14101” for “section 1471(23)”.

1992—Par. (3). Pub. L. 102–367, §103(a)(1), substituted “programs under parts A and C” for “a program under part A”.

Par. (5). Pub. L. 102–367, §103(a)(2), (b)(1)(A), inserted “the Association of Farmworker Opportunity Programs, the Center for Employment Training, literacy organizations, agencies or organizations serving older individuals, organizations that provide service opportunities, youth corps programs,” after “Jobs for Youth,”, substituted “individuals with disabilities” for “the handicapped”, and struck out “(including the National Urban Indian Council)” after “nonreservation Indians”.

Par. (8)(B)(i). Pub. L. 102–367, §103(a)(3)(A), substituted “the official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 9902(2) of title 42” for “the poverty level determined in accordance with criteria established by the Director of the Office of Management and Budget”.

Par. (8)(C). Pub. L. 102–367, §103(a)(3)(B), inserted “(or has been determined within the 6-month period prior to the application for the program involved to be eligible to receive)” after “is receiving”.

Par. (8)(D). Pub. L. 102–367, §103(a)(3)(C), inserted “subsections (a) and (c) of” after “homeless individual under”.

Par. (8)(F). Pub. L. 102–367, §103(a)(3)(D), (b)(1)(B), amended subpar. (F) identically, substituting “individual with a disability” for “adult handicapped individual”.

Par. (10). Pub. L. 102–367, §103(a)(4), designated existing provisions as subpar. (A), substituted “individual with a disability” for “handicapped individual”, and added subpar. (B).

Par. (14). Pub. L. 102–367, §702(a)(1), substituted “section 521(22)” for “section 521(19)”.

Par. (22). Pub. L. 102–367, §103(a)(5), substituted “the Federated States of Micronesia, the Republic of the Marshall Islands, and Palau” for “and the Trust Territory of the Pacific Islands”.

Par. (23). Pub. L. 102–367, §702(a)(2), substituted “section 1471(23) of the Elementary and Secondary Education Act of 1965” for “section 1201(h) of the Higher Education Act of 1965”.

Par. (24). Pub. L. 102–367, §103(a)(6), inserted “financial assistance (except as a post-termination service), drug and alcohol abuse counseling and referral, individual and family counseling,” after “health care,”, substituted “materials for individuals with disabilities, job coaches” for “materials for the handicapped”, and inserted “and dependent care” after “child care”.

Par. (27)(C). Pub. L. 102–367, §701(a)(3), realigned margins.

Par. (28). Pub. L. 102–367, §103(b)(1)(C), substituted “section 521(41)” for “section 521(31)”.

Par. (29). Pub. L. 102–367, §103(a)(7), amended par. (29) generally. Prior to amendment, par. (29) read as follows: “The term ‘displaced homemaker’ means an individual who—

“(A) was a full-time homemaker for a substantial number of years; and

“(B) derived the substantial share of his or her support from—

“(i) a spouse and no longer receives such support due to the death, divorce, permanent disability of, or permanent separation from the spouse; or

“(ii) public assistance on account of dependents in the home and no longer receives such support.”

Pars. (31) to (40). Pub. L. 102–367, §103(a)(8), added pars. (31) to (40).

1991—Par. (27)(B). Pub. L. 102–54 substituted “Secretary of Veterans Affairs” for “Veterans’ Administration”.

Par. (30). Pub. L. 102–235 added par. (30).

1987—Par. (8). Pub. L. 100–77 added cl. (D) and redesignated former cls. (D) and (E) as (E) and (F), respectively.

1986—Par. (5). Pub. L. 99–496, §15(a)(1), inserted “, including disabled veterans” after “handicapped”.

Par. (27)(C), (D). Pub. L. 99–496, §15(a)(2), added subpars. (C) and (D).

Par. (29). Pub. L. 99–496, §14(b)(1), added par. (29).

1985—Par. (14). Pub. L. 99–159 made a clarifying amendment to Pub. L. 98–524, §4(a)(1)(A). See 1984 Amendment note below.

1984—Par. (14). Pub. L. 98–524, §4(a)(1)(A), as amended by Pub. L. 99–159, substituted “section 521(19) of the Carl. D. Perkins Vocational Education Act” for “section 195(10) of the Vocational Education Act of 1963”.

Par. (23). Pub. L. 98–524, §4(a)(1)(B), substituted “section 1201(h) of the Higher Education Act of 1965” for “section 195(11) of the Vocational Education Act of 1963”.

Par. (28). Pub. L. 98–524, §4(a)(1)(C), substituted “section 521(31) of the Carl. D. Perkins Vocational Education Act” for “section 195(1) of the Vocational Education Act of 1963”.

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–193 effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104–193, as amended, set out as an Effective Date note under section 601 of Title 42, The Public Health and Welfare.

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–367 effective July 1, 1993, see section 701(a) of Pub. L. 102–367, set out as an Effective Date of 1992 Amendment; Transition Provisions note under section 1501 of this title.

Effective Date of 1985 Amendment

Pub. L. 99–159, title VII, §714, Nov. 22, 1985, 99 Stat. 907, provided that:

“(a) The provisions of this title [amending this section, section 1753 of this title, and sections 2311, 2312, 2322, 2323, 2333, 2361, 2362, 2363, 2383, 2392, 2417, 2462, 2464, and 2471 of Title 20, Education, and amending provisions set out as a note under section 2301 of Title 20] shall take effect July 1, 1985.

“(b) The amendment made by section 703(c)(2) of this Act [amending section 2322 of Title 20] shall not apply to funds appropriated before the date of the enactment of this Act [Nov. 22, 1985].”

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–524 effective for fiscal years beginning on or after Oct. 1, 1984, except as otherwise provided, see section 2 of Pub. L. 98–524, set out as an Effective Date note under section 2301 of Title 20, Education.

Construction of 1991 Amendment

Amendment by Pub. L. 102–235 not to be construed to require, sanction, or authorize discrimination on the basis of race, color, religion, sex, national origin, handicap, or age, see section 11 of Pub. L. 102–235, set out as a note under section 1501 of this title.

Section Referred to in Other Sections

This section is referred to in sections 1513, 1604, 1651, 2508 of this title; title 20 section 6103; title 42 section 12773.

1 See References in Text note below.

2 So in original. Probably should be “42),”.

3 So in original. Probably should be “Vocational and Applied Technology”.

4 So in original. Probably should be “Vocational and Applied Technology”.

5 See References in Text note below.