Sec. 101. Definitions

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In this Act: The term administrative costs means costs necessary for the proper administration of a program under this Act. The term administrative costs excludes— direct costs of providing worker training services and activities, including costs for contracts devoted entirely to such services and activities; direct costs of gathering statistics and the data on performance indicators required under sections 319 and 402; and costs of salaries and benefits for staff providing worker training services and activities and the direct costs associated with providing such services and activities, such as the costs for supplies, equipment, travel, postage, utilities, and rental of training space associated with that provision.

Except as provided in subparagraph (B), the term administrative costs includes costs for general administration and coordination of a program under this Act, including costs for contracts and all indirect (or overhead) costs, such as the costs of— salaries and benefits of staff performing administrative and coordination functions; activities related to eligibility determinations; preparation of program plans, budgets, and schedules; monitoring of the program; activities of fraud and abuse staff; procurement activities; public relations activities; services related to accounting, litigation, audits, management of property, payroll, and personnel; costs for the goods and services required for administration of the program such as the costs for supplies, equipment, travel, postage, utilities, and rental of office space and maintenance of office space, required for that administration; operating management information systems not related to the tracking and monitoring of statistics required under this Act and data on performance indicators as required under section 402 (such as for a personnel and payroll system for State staff); and preparing reports and other documents.

The term adult training services means the services described in section 315(a). The term Alaska Native means a Native as such term is defined in section 3(b) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602(b) ). The term area of substantial unemployment means any area that is of sufficient size and scope to sustain a program of worker training services and activities carried out under this Act and that has an average rate of unemployment of at least 6.5 percent for the most recent 12 months, as determined by the Secretary.

For purposes of this paragraph, determinations of areas of substantial unemployment shall be made once each fiscal year. The term career and technical education means organized educational services or activities that— offer a sequence of courses that— provides individuals with coherent and rigorous content aligned with challenging academic standards and relevant technical knowledge and skills needed to prepare for further education and careers in current or emerging professions; provides technical skill proficiency, an industry-recognized credential, a certificate, or an associate degree; and may include prerequisite courses (other than a remedial course) that meet the requirements of this subparagraph; and include competency-based applied learning that contributes to the academic knowledge, higher-order reasoning and problem-solving skills, work attitudes, general employability skills, technical skills, and occupation-specific skills, and knowledge of all aspects of an industry, including entrepreneurship, of an individual.

The term charter school has the meaning given the term in section 5210 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7221i ). The term chief elected official means— the chief elected executive officer of a unit of general local government in a local area; and in a case in which a local area includes more than one unit of general local government, the individuals designated under the agreement described in section 222(b)(1)(B)(ii). The term covered program providing worker training services and activities means any program providing worker training services and activities, except a labor exchange system under section 318 and an employment statistics system under section 319.

The term disadvantaged adult — means an adult who received an income, or is a member of a family that received a total family income, for the 6-month period prior to application for the program involved (exclusive of unemployment compensation, child support payments, payments described in paragraph (20)(A), and old-age and survivors insurance benefits received under section 202 of the Social Security Act ( 42 U.S.C. 402 )), that, in relation to family size, does not exceed the higher of— the poverty line, for an equivalent period; or 70 percent of the lower living standard income level, for an equivalent period; and does not include students enrolled in a 2-year or 4-year program of study at an institution of higher education.

The term disadvantaged youth — means— an individual who— is age 14 through age 21; and is a low-income individual, has a disability, or is blind as determined pursuant to title II or title XVI of the Social Security Act ( 42 U.S.C. 401 et seq. , 1381 et seq.); or an individual who— is under age 27; attends— a secondary school (including a charter school, or a secondary school, used exclusively or principally for the provision of career and technical education); or an institution of higher education used exclusively or principally for the provision of career and technical education; and meets the requirements of subclause

(II)of clause (i); and does not include students enrolled in a 2-year or 4-year program of study at an institution of higher education and members of the armed forces (as defined in section 101 of title 10, United States Code) who are serving on active duty. The term eligible veteran has the meaning given the term in section 4211(4) of title 38, United States Code. The term excess number means, used with respect to the excess number of unemployed individuals within a State, the higher of— the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in the State; or the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in areas of substantial unemployment in such State. The term Governor means the chief executive of a State. The terms homeless and homeless individual have the meaning given such terms in section 103(a) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11302(a) ). The terms Indian , Indian tribe , and tribal organization have the meanings given such terms in subsections (d), (e), and (l), respectively, of section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). The term individual with a disability means an individual who has a physical or mental impairment which for such individual constitutes or results in a substantial impediment to employment, including an individual who has a disability or is blind as determined pursuant to title II or title XVI of the Social Security Act ( 42 U.S.C. 401 et seq. , 1381 et seq.). The term individuals with disabilities means more than one individual with a disability. The term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). The term local area means a local workforce investment area designated under section 221, except as provided in section 319. The term local board means a local workforce investment board established under section 222. The term low-income individual means an individual who— receives, or is a member of a family that receives, cash payments under a Federal, State, or local income-based public assistance program; received an income, or is a member of a family that received a total family income, for the 6-month period prior to application for the program involved (exclusive of unemployment compensation, child support payments, payments described in subparagraph (A), and old-age and survivors insurance benefits received under section 202 of the Social Security Act ( 42 U.S.C. 402 )) that, in relation to family size, does not exceed the higher of— the poverty line, for an equivalent period; or 70 percent of the lower living standard income level, for an equivalent period; is a member of a household that receives (or has been determined within the 6-month period prior to application for the program involved to be eligible to receive) supplemental nutrition assistance program benefits pursuant to the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ); is homeless; is a foster child on behalf of whom State or local government payments are made; or in cases permitted by regulations promulgated by the Secretary of Labor, is an individual with a disability whose own income meets the requirements of a program described in subparagraph

(A)or subparagraph (B), but who is a member of a family whose income does not meet such requirements. The terms Native Hawaiian and Native Hawaiian organization have the meanings given such terms in section 7207 of the Native Hawaiian Education Act ( 20 U.S.C. 7517 ). The term one-stop operator means an entity that has a designation or certification in effect under section 231. The term outlying area means the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Republic of Palau (except during any period for which the Secretary determines that a Compact of Free Association is in effect and contains provisions for training and education assistance prohibiting the assistance provided under this Act). The term participant means an individual who has been determined to be eligible to participate in services or activities, and who is participating in services or activities, under a program authorized by this Act. Participation shall be deemed to commence on the first day, following determination of eligibility, on which the individual begins participating in subsidized employment, training, or other services or activities provided under this Act. The term secondary school has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). The term secondary education means education services provided by a secondary school. The term Secretary means the Secretary of Labor. The term State means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. The term State board means a State workforce investment board established under section 211. The term underemployed individual means an individual who wants and is available for full-time work but has had to settle for part-time work. The term unemployed individual means an individual who is without a job and who wants and is available for work. The determination of whether an individual is without a job, for purposes of this paragraph, shall be made in accordance with the criteria used by the Bureau of Labor Statistics of the Department of Labor in defining individuals as unemployed. The term unit of general local government means any general purpose political subdivision of a State that has the power to levy taxes and spend funds, as well as general corporate and police powers. The term worker training services and activities means any services provided to, or activities for, jobseekers, employers, or employees under title III.

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