§1651. Definitions

(a) Dislocated workers

(1) For purposes of this subchapter, the term "eligible dislocated workers" means individuals who-

(A) have been terminated or laid off or who have received a notice of termination or layoff from employment, are eligible for or have exhausted their entitlement to unemployment compensation, and are unlikely to return to their previous industry or occupation;

(B) have been terminated or have received a notice of termination of employment, as a result of any permanent closure of or any substantial layoff at a plant, facility, or enterprise;

(C) are long-term unemployed and have limited opportunities for employment or reemployment in the same or a similar occupation in the area in which such individuals reside, including older individuals who may have substantial barriers to employment by reason of age; or

(D) were self-employed (including farmers and ranchers) and are unemployed as a result of general economic conditions in the community in which they reside or because of natural disasters, subject to regulations prescribed by the Secretary.

(2) For purposes of this subchapter, the term "additional dislocated worker" means a displaced homemaker as that term is defined in section 1503(29) of this title.

(3) The Secretary shall establish categories of self-employed individuals and of economic conditions and natural disasters to which paragraph (1)(D) applies.

(b) Additional definitions

For the purposes of this subchapter-

(1) The term "labor-management committees" means committees voluntarily established to respond to actual or prospective worker dislocation, which ordinarily include (but are not limited to) the following-

(A) shared and equal participation by workers and management;

(B) shared financial participation between the company and the State, using funds provided under this subchapter, in paying for the operating expenses of the committee;

(C) a chairperson, to oversee and guide the activities of the committee, (i) who shall be jointly selected by the labor and management members of the committee, (ii) who is not employed by or under contract with labor or management at the site, and (iii) who shall provide advice and leadership to the committee and prepare a report on its activities;

(D) the ability to respond flexibly to the needs of affected workers by devising and implementing a strategy for assessing the employment and training needs of each dislocated worker and for obtaining the services and assistance necessary to meet those needs;

(E) a formal agreement, terminable at will by the workers or the company management, and terminable for cause by the Governor; and

(F) local job identification activities by the chairman and members of the committee on behalf of the affected workers.

(2) The term "local elected official" means the chief elected executive officer of a unit of general local government in a substate area.

(3) The term "service provider" means a public agency, private nonprofit organization, or private-for-profit entity that delivers educational, training, or employment services.

(4) The term "substate area" means that geographic area in a State established pursuant to section 1661a(a) of this title.

(5) The term "substate grantee" means that agency or organization selected to administer programs pursuant to section 1661a(b) of this title.

(6) The term "State" means any of the several States, the District of Columbia, and the Commonwealth of Puerto Rico.

(Pub. L. 97–300, title III, §301, as added Pub. L. 100–418, title VI, §6302(a), Aug. 23, 1988, 102 Stat. 1524 .)

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.

Prior Provisions

A prior section 1651, Pub. L. 97–300, title III, §301, Oct. 13, 1982, 96 Stat. 1364 ; Pub. L. 99–496, §10, Oct. 16, 1986, 100 Stat. 1264 , related to allocation of funds, prior to the general revision of this subchapter by Pub. L. 100–418.

Effective Date; Transition Provisions

Section 6305 of Pub. L. 100–418 provided (a) that the amendments made by sections 6302 and 6304 of Pub. L. 100–418, amending this subchapter and sections 1516 and 1532 of this title, were to be effective for program years beginning on or after July 1, 1989, (b) that the Secretary of Labor and Governors were, during the program year beginning July 1, 1988, to continue to administer this subchapter in the same manner as such subchapter was administered during prior program years, except to the extent necessary to provide for an orderly transition to and implementation of the amendments made by subtitle D (§§6301–6307) of title VI of Pub. L. 100–418, enacting sections 565 and 1505 of this title, amending this subchapter and sections 1502, 1516, 1532, and 1752 of this title, and enacting provisions formerly set out below, that the Secretary and Governors could, for such purposes, use funds appropriated for fiscal year 1989 or any preceding fiscal year to carry out appropriate transition and implementation activities, (c) that a State job training coordinating council was to comply with the changes in membership required by the amendment made by section 6304(b) of Pub. L. 100–418, amending section 1532 of this title, not later than Jan. 1, 1989, (d) that the designation of substate areas and substate grantees required by the amendment to this subchapter was to be completed not later than Mar. 1, 1989, (e) that provisions of section 1653 of this title were to apply to the program year beginning July 1, 1988, except that, for such program year subsection (b)(1) of such section was to be applied by substituting "30 percent" for "20 percent", and subsection (e) of such section was to be applied by substituting "70 percent" for "80 percent", and (f) that the Secretary of Labor was to prescribe such regulations as may be required to implement the amendments made by subtitle D not later than Nov. 1, 1988, prior to repeal by Pub. L. 103–382, title III, §391(i), Oct. 20, 1994, 108 Stat. 4023 .

Additional Studies

Section 6306(c) of Pub. L. 100–418 directed National Commission for Employment Policy to conduct research related to the provisions of title VI, probably meaning subtitle D (§§6301–6307) of title VI of Pub. L. 100–418, and submit a report on that research to Congress not later than 18 months after Aug. 23, 1988, prior to repeal by Pub. L. 103–382, title III, §391(i), Oct. 20, 1994, 108 Stat. 4023 .

Section Referred to in Other Sections

This section is referred to in sections 1661, 1661e, 1662d, 1662d–1, 1662e of this title.