§ 1646 TITLE 29—LABOR Page 650

erate 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

Section 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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1514, 1515, 1632,

1643 of this title.

§ 1646. Transfer of funds

A service delivery area may transfer up to 10

percent of the amounts allocated to the service

delivery area under section 1642(b) of this title

to the program under part A of this subchapter

if such transfer is—

(1) described in the job training plan; and

(2) approved by the Governor.

(Pub. L. 97–300, title II, §266, as added Pub. L.

102–367, title II, §208, Sept. 7, 1992, 106 Stat. 1073.)

EFFECTIVE DATE

Section 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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1518 of this title.

SUBCHAPTER III—EMPLOYMENT AND

TRAINING ASSISTANCE FOR DISLOCATED

WORKERS

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 49f, 1502,

1516, 1518, 1531, 1533, 1551, 1574, 1735, 1784a, 2102 of this

title; title 19 section 2311; title 20 sections 2420a, 2468.

§ 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.)