29 U.S.C. § 3102 — Definitions

Page 822 TITLE 29—LABOR § 3102 needs of low-income adults and youth, the Congress de- clares it to be the policy of the United States to— ‘‘(1) provide financial assistance to States and local service delivery areas to meet the training needs of such low-income adults and youth, and to assist such individuals in obtaining unsubsidized employment; ‘‘(2) increase the funds available for programs under title II of the Job Training Partnership Act ([former] 29 U.S.C. 1601 et seq.) by not less than 10 percent of the baseline each fiscal year to provide for growth in the percentage of eligible adults and youth served above the 5 percent of the eligible population that is currently served; and ‘‘(3) encourage the provision of longer, more com- prehensive, education, training, and employment services to the eligible population, which also re- quires increased funding in order to maintain current service levels.’’ Executive Documents EXECUTIVE ORDER NO. 13845 Ex. Ord. No. 13845, July 19, 2018, 83 F.R. 35099, as amended by Ex. Ord. No. 13853, § 5, Dec. 12, 2018, 83 F.R. 65073; Ex. Ord. No. 13931, § 1, June 26, 2020, 85 F.R. 39455, which established the President’s National Council for the American Worker and the American Workforce Pol- icy Advisory Board, was revoked by Ex. Ord. No. 14025, § 4(a), Apr. 26, 2021, 86 F.R. 22831, set out in a note under section 141 of this title. [Ex. Ord. No. 13931, June 26, 2020, 85 F.R. 39455, which continued the President’s National Council for the American Worker and the American Workforce Policy Advisory Board until Sept. 30, 2021, was revoked by Ex. Ord. No. 14025, § 4(a), Apr. 26, 2021, 86 F.R. 22831.] § 3102. Definitions In this Act, and the core program provisions that are not in this Act, except as otherwise ex- pressly provided: (1) Administrative costs The term ‘‘administrative costs’’ means ex- penditures incurred by State boards and local boards, direct recipients (including State grant recipients under part B of subchapter I and recipients of awards under parts C and D of subchapter I), local grant recipients, local fiscal agents or local grant subrecipients, and one-stop operators in the performance of ad- ministrative functions and in carrying out ac- tivities under subchapter I that are not re- lated to the direct provision of workforce in- vestment services (including services to par- ticipants and employers). Such costs include both personnel and nonpersonnel costs and both direct and indirect costs. (2) Adult Except as otherwise specified in section 3172 of this title, the term ‘‘adult’’ means an indi- vidual who is age 18 or older. (3) Adult education; adult education and lit- eracy activities The terms ‘‘adult education’’ and ‘‘adult education and literacy activities’’ have the meanings given the terms in section 3272 of this title. (4) Area career and technical education school The term ‘‘area career and technical edu- cation school’’ has the meaning given the term in section 2302 of title 20. (5) Basic skills deficient The term ‘‘basic skills deficient’’ means, with respect to an individual— (A) who is a youth, that the individual has English reading, writing, or computing skills at or below the 8th grade level on a generally accepted standardized test; or (B) who is a youth or adult, that the indi- vidual is unable to compute or solve prob- lems, 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 The term ‘‘career and technical education’’ has the meaning given the term in section 2302 of title 20. (7) Career pathway The term ‘‘career pathway’’ means a com- bination of rigorous and high-quality edu- cation, training, and other services that— (A) aligns with the skill needs of indus- tries 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 post- secondary education options, including ap- prenticeships 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 ‘‘apprentice- ship’’, except in section 3226 of this title); (C) includes counseling to support an indi- vidual in achieving the individual’s edu- cation and career goals; (D) includes, as appropriate, education of- fered concurrently with and in the same con- text as workforce preparation activities and training for a specific occupation or occupa- tional cluster; (E) organizes education, training, and other services to meet the particular needs of an individual in a manner that acceler- ates the educational and career advance- ment of the individual to the extent prac- ticable; (F) enables an individual to attain a sec- ondary school diploma or its recognized equivalent, and at least 1 recognized postsec- ondary credential; and (G) helps an individual enter or advance within a specific occupation or occupational cluster. (8) Career planning The term ‘‘career planning’’ means the pro- vision of a client-centered approach in the de- livery of services, designed— (A) to prepare and coordinate comprehen- sive employment plans, such as service strategies, for participants to ensure access to necessary workforce investment activi- ties and supportive services, using, where feasible, computer-based technologies; and (B) to provide job, education, and career counseling, as appropriate during program participation and after job placement. (9) Chief elected official The term ‘‘chief elected official’’ means— (A) the chief elected executive officer of a unit of general local government in a local area; and Page 823 TITLE 29—LABOR § 3102 (B) in a case in which a local area includes more than 1 unit of general local govern- ment, the individuals designated under the agreement described in section 3122(c)(1)(B) of this title. (10) Community-based organization The term ‘‘community-based organization’’ means a private nonprofit organization (which may include a faith-based organization), that is representative of a community or a signifi- cant segment of a community and that has demonstrated expertise and effectiveness in the field of workforce development. (11) Competitive integrated employment The term ‘‘competitive integrated employ- ment’’ has the meaning given the term in sec- tion 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705), for individuals with disabilities. (12) Core program The term ‘‘core programs’’ means a program authorized under a core program provision. (13) Core program provision The term ‘‘core program provision’’ means— (A) subparts 2 and 3 of part B of subchapter I (relating to youth workforce investment activities and adult and dislocated worker employment and training activities); (B) subchapter II (relating to adult edu- cation 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) (re- lating to vocational rehabilitation services). (14) Customized training The term ‘‘customized training’’ means training— (A) that is designed to meet the specific requirements of an employer (including a group of employers); (B) that is conducted with a commitment by the employer to employ an individual upon successful completion of the training; and (C) for which the employer pays— (i) a significant portion of the cost of training, as determined by the local board involved, taking into account the size of the employer and such other factors as the local board determines to be appropriate, which may include the number of employ- ees 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 ad- vancement opportunities; and (ii) in the case of customized training (as defined in subparagraphs (A) and (B)) in- volving an employer located in multiple local areas in the State, a significant por- tion of the cost of the training, as deter- mined by the Governor of the State, tak- ing into account the size of the employer and such other factors as the Governor de- termines to be appropriate. (15) Dislocated worker The term ‘‘dislocated worker’’ means an in- dividual 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 enti- tlement to unemployment compensation; or (II) has been employed for a duration suffi- cient to demonstrate, to the appropriate en- tity at a one-stop center referred to in sec- tion 3151(e) of this title, attachment to the workforce, but is not eligible for unemploy- ment compensation due to insufficient earn- ings or having performed services for an em- ployer that were not covered under a State unemployment compensation law; and (iii) is unlikely to return to a previous in- dustry or occupation; (B)(i) has been terminated or laid off, or has received a notice of termination or lay- off, from employment as a result of any per- manent 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 de- scribed in section 3174(c)(3) of this title, ca- reer 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 announce- ment that such facility will close; (C) was self-employed (including employ- ment as a farmer, a rancher, or a fisherman) but is unemployed as a result of general eco- nomic 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 ex- perienced a loss of employment as a direct result of relocation to accommodate a per- manent change in duty station of such mem- ber; or (ii) is the spouse of a member of the Armed Forces on active duty and who meets the cri- teria described in paragraph (16)(B). (16) Displaced homemaker The term ‘‘displaced homemaker’’ means an individual who has been providing unpaid serv- ices to family members in the home and who— (A)(i) has been dependent on the income of another family member but is no longer sup- ported 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 be- cause 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 per- manent change of station, or the service- Page 824 TITLE 29—LABOR § 3102 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 up- grading employment. (17) Economic development agency The term ‘‘economic development agency’’ includes a local planning or zoning commis- sion or board, a community development agen- cy, or another local agency or institution re- sponsible for regulating, promoting, or assist- ing in local economic development. (18) Eligible youth Except as provided in parts C and D of sub- chapter I, the term ‘‘eligible youth’’ means an in-school youth or out-of-school youth. (19) Employment and training activity The term ‘‘employment and training activ- ity’’ means an activity described in section 3174 of this title that is carried out for an adult or dislocated worker. (20) English language acquisition program The term ‘‘English language acquisition pro- gram’’ has the meaning given the term in sec- tion 3272 of this title. (21) English language learner The term ‘‘English language learner’’ has the meaning given the term in section 3272 of this title. (22) Governor The term ‘‘Governor’’ means the chief execu- tive of a State or an outlying area. (23) In-demand industry sector or occupation (A) In general The term ‘‘in-demand industry sector or occupation’’ means— (i) an industry sector that has a substan- tial current or potential impact (including through jobs that lead to economic self- sufficiency and opportunities for advance- ment) on the State, regional, or local economy, as appropriate, and that contrib- utes 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 ad- vancement) in an industry sector so as to have a significant impact on the State, re- gional, or local economy, as appropriate. (B) Determination The determination of whether an industry sector or occupation is in-demand under this paragraph shall be made by the State board or local board, as appropriate, using State and regional business and labor market pro- jections, including the use of labor market information. (24) Individual with a barrier to employment The term ‘‘individual with a barrier to em- ployment’’ 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 sec- tion 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 sec- tion 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 farm- workers, as defined in section 3222(i) of this title. (K) Individuals within 2 years of exhaust- ing 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 preg- nant women). (M) Long-term unemployed individuals. (N) Such other groups as the Governor in- volved determines to have barriers to em- ployment. (25) Individual with a disability (A) In general The term ‘‘individual with a disability’’ means an individual with a disability as de- fined in section 12102 of title 42. (B) Individuals with disabilities The term ‘‘individuals with disabilities’’ means more than 1 individual with a dis- ability. (26) Industry or sector partnership The term ‘‘industry or sector partnership’’ means a workforce collaborative, convened by or acting in partnership with a State board or local board, that— (A) organizes key stakeholders in an in- dustry cluster into a working group that fo- cuses on the shared goals and human re- sources needs of the industry cluster and that includes, at the appropriate stage of de- velopment of the partnership— (i) representatives of multiple businesses or other employers in the industry cluster, including small and medium-sized employ- ers when practicable; (ii) 1 or more representatives of a recog- nized State labor organization or central labor council, or another labor representa- tive, as appropriate; and (iii) 1 or more representatives of an in- stitution of higher education with, or an- other provider of, education or training programs that support the industry clus- ter; and (B) may include representatives of— (i) State or local government; (ii) State or local economic development agencies; Page 825 TITLE 29—LABOR § 3102 (iii) State boards or local boards, as ap- propriate; (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 organiza- tions; (viii) nonprofit organizations, commu- nity-based organizations, or inter- mediaries; (ix) philanthropic organizations; (x) industry associations; and (xi) other organizations, as determined to be necessary by the members com- prising the industry or sector partnership. (27) In-school youth The term ‘‘in-school youth’’ means a youth described in section 3164(a)(1)(C) of this title. (28) Institution of higher education The term ‘‘institution of higher education’’ has the meaning given the term in section 1001 of title 20, and subparagraphs (A) and (B) of section 1002(a)(1), of title 20. (29) Integrated education and training The term ‘‘integrated education and train- ing’’ has the meaning given the term in sec- tion 3272 of this title. (30) Labor market area The term ‘‘labor market area’’ means an economically integrated geographic area with- in which individuals can reside and find em- ployment within a reasonable distance or can readily change employment without changing their place of residence. Such an area shall be identified in accordance with criteria used by the Bureau of Labor Statistics of the Depart- ment of Labor in defining such areas or simi- lar criteria established by a Governor. (31) Literacy The term ‘‘literacy’’ has the meaning given the term in section 3272 of this title. (32) Local area The term ‘‘local area’’ means a local work- force investment area designated under sec- tion 3121 of this title, subject to sections 3121(c)(3)(A), 3122(c)(4)(B)(i), and 3249(i) of this title. (33) Local board The term ‘‘local board’’ means a local work- force development board established under section 3122 of this title, subject to section 3122(c)(4)(B)(i) of this title. (34) Local educational agency The term ‘‘local educational agency’’ has the meaning given the term in section 7801 of title 20. (35) Local plan The term ‘‘local plan’’ means a plan sub- mitted under section 3123 of this title, subject to section 3121(c)(3)(B) of this title. (36) Low-income individual (A) In general The term ‘‘low-income individual’’ means an individual who— (i) receives, or in the past 6 months has received, or is a member of a family that is receiving or in the past 6 months has re- ceived, assistance through the supple- mental nutrition assistance program es- tablished under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), the pro- gram of block grants to States for tem- porary assistance for needy families pro- gram under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), or the supplemental security income program es- tablished under title XVI of the Social Se- curity Act (42 U.S.C. 1381 et seq.), or State or local income-based public assistance; (ii) is in a family with total family in- come 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 home- less child or youth (as defined under sec- tion 11434a(2) of title 42); (iv) receives or is eligible to receive a free or reduced price lunch under the Rich- ard 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 re- quirement of clause (ii), but who is a mem- ber of a family whose income does not meet this requirement. (B) Lower living standard income level The term ‘‘lower living standard income level’’ means that income level (adjusted for regional, metropolitan, urban, and rural dif- ferences and family size) determined annu- ally by the Secretary of Labor based on the most recent lower living family budget issued by the Secretary. (37) Nontraditional employment The term ‘‘nontraditional employment’’ re- fers to occupations or fields of work, for which individuals from the gender involved comprise less than 25 percent of the individuals em- ployed in each such occupation or field of work. (38) Offender The term ‘‘offender’’ means an adult or juve- nile— (A) who is or has been subject to any stage of the criminal justice process, and for whom services under this Act may be bene- ficial; or (B) who requires assistance in overcoming artificial barriers to employment resulting from a record of arrest or conviction. (39) Older individual The term ‘‘older individual’’ means an indi- vidual age 55 or older. (40) One-stop center The term ‘‘one-stop center’’ means a site de- scribed in section 3151(e)(2) of this title. Page 826 TITLE 29—LABOR § 3102 (41) One-stop operator The term ‘‘one-stop operator’’ means 1 or more entities designated or certified under section 3151(d) of this title. (42) One-stop partner The term ‘‘one-stop partner’’ means— (A) an entity described in section 3151(b)(1) of this title; and (B) an entity described in section 3151(b)(2) of this title that is participating, with the approval of the local board and chief elected official, in the operation of a one-stop deliv- ery system. (43) One-stop partner program The term ‘‘one-stop partner program’’ means a program or activities described in section 3151(b) of this title of a one-stop partner. (44) On-the-job training The term ‘‘on-the-job training’’ means train- ing 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 em- ployer of up to 50 percent of the wage rate of the participant, except as provided in sec- tion 3174(c)(3)(H) of this title, for the ex- traordinary 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 con- tent of the training, the prior work experi- ence of the participant, and the service strategy of the participant, as appropriate. (45) Outlying area The term ‘‘outlying area’’ means— (A) American Samoa, Guam, the Common- wealth 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 ef- fect and contains provisions for training and education assistance prohibiting the assist- ance provided under this Act. (46) Out-of-school youth The term ‘‘out-of-school youth’’ means a youth described in section 3164(a)(1)(B) of this title. (47) Pay-for-performance contract strategy The term ‘‘pay-for-performance contract strategy’’ means a procurement strategy that uses pay-for-performance contracts in the pro- vision 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 ap- propriate) based on the achievement of spec- ified levels of performance on the primary indicators of performance described in sec- tion 3141(b)(2)(A) of this title for target pop- ulations as identified by the local board (in- cluding individuals with barriers to employ- ment), within a defined timetable, and which may provide for bonus payments to such service provider to expand capacity to pro- vide effective training; (B) a strategy for independently validating the achievement of the performance de- scribed in subparagraph (A); and (C) a description of how the State or local area will reallocate funds not paid to a pro- vider because the achievement of the per- formance described in subparagraph (A) did not occur, for further activities related to such a procurement strategy, subject to sec- tion 3249(g)(4) of this title. (48) Planning region The term ‘‘planning region’’ means a region described in subparagraph (B) or (C) of section 3121(a)(2) of this title, subject to section 3122(c)(4)(B)(i) of this title. (49) Poverty line The term ‘‘poverty line’’ means the poverty line (as defined by the Office of Management and Budget, and revised annually in accord- ance with section 9902(2) of title 42) applicable to a family of the size involved. (50) Public assistance The term ‘‘public assistance’’ means Fed- eral, State, or local government cash pay- ments for which eligibility is determined by a needs or income test. (51) Rapid response activity The term ‘‘rapid response activity’’ means an activity provided by a State, or by an enti- ty 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 dis- located workers in obtaining reemployment as soon as possible, with services including— (A) the establishment of onsite contact with employers and employee representa- tives— (i) immediately after the State is noti- fied 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 ac- cess to available employment and training activities; (C) assistance in establishing a labor-man- agement committee, voluntarily agreed to by labor and management, with the ability to devise and implement a strategy for as- sessing the employment and training needs of dislocated workers and obtaining services to meet such needs; Page 827 TITLE 29—LABOR § 3102 (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 re- sponse and in obtaining access to State eco- nomic development assistance. (52) Recognized postsecondary credential The term ‘‘recognized postsecondary creden- tial’’ means a credential consisting of an in- dustry-recognized certificate or certification, a certificate of completion of an apprentice- ship, a license recognized by the State in- volved or Federal Government, or an associate or baccalaureate degree. (53) Region The term ‘‘region’’, used without further de- scription, means a region identified under sec- tion 3121(a) of this title, subject to section 3122(c)(4)(B)(i) of this title and except as pro- vided in section 3121(b)(1)(B)(ii) of this title. (54) School dropout The term ‘‘school dropout’’ means an indi- vidual who is no longer attending any school and who has not received a secondary school diploma or its recognized equivalent. (55) Secondary school The term ‘‘secondary school’’ has the mean- ing given the term in section 7801 of title 20. (56) State The term ‘‘State’’ means each of the several States of the United States, the District of Co- lumbia, and the Commonwealth of Puerto Rico. (57) State board The term ‘‘State board’’ means a State workforce development board established under section 3111 of this title. (58) State plan The term ‘‘State plan’’, used without further description, means a unified State plan under section 3112 of this title or a combined State plan under section 3113 of this title. (59) Supportive services The term ‘‘supportive services’’ means serv- ices such as transportation, child care, de- pendent care, housing, and needs-related pay- ments, that are necessary to enable an indi- vidual to participate in activities authorized under this Act. (60) Training services The term ‘‘training services’’ means services described in section 3174(c)(3) of this title. (61) Unemployed individual The term ‘‘unemployed individual’’ means an individual who is without a job and who wants and is available for work. The deter- mination of whether an individual is without a job, for purposes of this paragraph, shall be made in accordance with the criteria used by the Bureau of Labor Statistics of the Depart- ment of Labor in defining individuals as unem- ployed. (62) Unit of general local government The term ‘‘unit of general local govern- ment’’ means any general purpose political subdivision of a State that has the power to levy taxes and spend funds, as well as general corporate and police powers. (63) Veteran; related definition (A) Veteran The term ‘‘veteran’’ has the meaning given the term in section 101 of title 38. (B) Recently separated veteran The term ‘‘recently separated veteran’’ means any veteran who applies for participa- tion under this Act within 48 months after the discharge or release from active mili- tary, naval, or air service. (64) Vocational rehabilitation program The term ‘‘vocational rehabilitation pro- gram’’ means a program authorized under a provision covered under paragraph (13)(D). (65) Workforce development activity The term ‘‘workforce development activity’’ means an activity carried out through a work- force development program. (66) Workforce development program The term ‘‘workforce development program’’ means a program made available through a workforce development system. (67) Workforce development system The term ‘‘workforce development system’’ means a system that makes available the core programs, the other one-stop partner pro- grams, and any other programs providing em- ployment and training services as identified by a State board or local board. (68) Workforce investment activity The term ‘‘workforce investment activity’’ means an employment and training activity, and a youth workforce investment activity. (69) Workforce preparation activities The term ‘‘workforce preparation activities’’ has the meaning given the term in section 3272 of this title. (70) Workplace learning advisor The term ‘‘workplace learning advisor’’ means an individual employed by an organiza- tion who has the knowledge and skills nec- essary to advise other employees of that orga- nization about the education, skill develop- ment, job training, career counseling services, and credentials, including services provided through the workforce development system, required to progress toward career goals of such employees in order to meet employer re- quirements related to job openings and career advancements that support economic self-suf- ficiency. (71) Youth workforce investment activity The term ‘‘youth workforce investment ac- tivity’’ means an activity described in section 3164 of this title that is carried out for eligible youth (or as described in section 3164(a)(3)(A) of this title). (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.) Page 828 TITLE 29—LABOR § 3111 Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, known as the Workforce Innova- tion and Opportunity Act, which enacted this chapter, repealed chapter 30 (§ 2801 et seq.) of this title and chap- ter 73 (§ 9201 et seq.) of Title 20, Education, and made amendments to numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. The National Apprenticeship Act, referred to in par. (7)(B), is act Aug. 16, 1937, ch. 663, 50 Stat. 664, which is classified generally to chapter 4C (§ 50 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 50 of this title and Tables. The Wagner-Peyser Act, referred to in par. (13)(C), is act June 6, 1933, ch. 49, 48 Stat. 113, which is classified generally to chapter 4B (§ 49 et seq.) of this title. Sec- tions 1 to 13 of the Act are classified to sections 49 to 49c, 49d, and 49e to 49l of this title, respectively. For complete classification of this Act to the Code, see Short Title note set out under section 49 of this title and Tables. The Rehabilitation Act of 1973, referred to in par. (13)(D), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355. Title I of the Act is classified generally to subchapter I (§ 720 et seq.) of chapter 16 of this title. Part C of title I of the Act is classified generally to part C (§ 741) of subchapter I of chapter 16 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 701 of this title and Tables. The Social Security Act, referred to in pars. (24)(K) and (36)(A)(i), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. 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. Title XVI of the Act is classified generally to subchapter XVI (§ 1381 et seq.) of chapter 7 of Title 42. For complete classifica- tion of this Act to the Code, see section 1305 of Title 42 and Tables. The Food and Nutrition Act of 2008, referred to in par. (36)(A)(i), is Pub. L. 88–525, Aug. 31, 1964, 78 Stat. 703, 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 Richard B. Russell National School Lunch Act, referred to in par. (36)(A)(iv), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§ 1751 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of Title 42 and Tables. AMENDMENTS 2015—Pars. (34), (55). Pub. L. 114–95 made technical amendments to references in original act which appear in text as references to section 7801 of title 20. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. EFFECTIVE DATE Section effective on the first day of the first full pro- gram year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title. SUBCHAPTER I—WORKFORCE DEVELOPMENT ACTIVITIES PART A—SYSTEM ALIGNMENT SUBPART 1—STATE PROVISIONS § 3111. State workforce development boards (a) In general The Governor of a State shall establish a State workforce development board to carry out the functions described in subsection (d). (b) Membership (1) In general The State board shall include— (A) the Governor; (B) a member of each chamber of the State legislature (to the extent consistent with State law), appointed by the appropriate presiding officers of such chamber; and (C) members appointed by the Governor, of which— (i) a majority shall be representatives of businesses in the State, who— (I) are owners of businesses, chief ex- ecutives or operating officers of busi- nesses, or other business executives or employers with optimum policymaking or hiring authority, and who, in addi- tion, may be members of a local board described in section 3122(b)(2)(A)(i) of this title; (II) represent businesses (including small businesses), or organizations rep- resenting businesses described in this subclause, that provide employment op- portunities that, at a minimum, include high-quality, work-relevant training and development in in-demand industry sec- tors or occupations in the State; and (III) are appointed from among individ- uals nominated by State business organi- zations and business trade associations; (ii) not less than 20 percent shall be rep- resentatives of the workforce within the State, who— (I) shall include representatives of labor organizations, who have been nom- inated by State labor federations; (II) shall include a representative, who shall be a member of a labor organiza- tion or a training director, from a joint labor-management apprenticeship pro- gram, or if no such joint program exists in the State, such a representative of an apprenticeship program in the State; (III) may include representatives of community-based organizations that have demonstrated experience and exper- tise in addressing the employment, training, or education needs of individ- uals with barriers to employment, in- cluding organizations that serve vet- erans or that provide or support com- petitive, integrated employment for in- dividuals with disabilities; and (IV) may include representatives of or- ganizations that have demonstrated ex- perience and expertise in addressing the