Definitions

In this Act: (1) Career services The term career services includes the services described in section 134(c)(2)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(c)(2)(A)). (2) Covered area The term covered area means the local area in which a local board is carrying out a jobs program, or (in the circumstances described in section 4(d)) the local area in which a community-based organization is carrying out a jobs program, under this Act. (3) Eligible worker The term eligible worker means an individual who— (A) is not less than 18 years old; (B) is authorized to be employed in the United States for purposes of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a); (C) has not been employed or a full-time student for a period of not less than 27 weeks (except as modified under section 5(e)); and (D) is currently seeking employment and has been seeking employment for a period of not less than 4 weeks (except as modified under section 5(e)). (4) Individual with a barrier to employment The term individual with a barrier to employment has the meaning given in section 3(24) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(24)), except that such term shall not include individuals who meet the terms of the definition in that section solely on the basis of their status as long-term unemployed individuals. (5) On-the-job training The term on-the-job training has the meaning given the term in section 3(44) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(44)), except that subparagraph (B) of that section shall not apply. (6) Participating employer The term participating employer means an employer— (A) that is— (i) a government agency; (ii) a nonprofit organization; (iii) operating as an employment social enterprise; or (iv) a business; and (B) includes— (i) an employer at the site of employment for an eligible worker in a program position; or (ii) a community-based organization that acts as an employer of record by— (I) assuming the roles and responsibilities assigned to employers described in clause (i) under this Act; (II) entering into an agreement with an employer described in clause (i) to set forth the terms and conditions for employment of an eligible worker in a program position in a jobs program in accordance with the provisions of this Act; and (III) acting as an intermediary between eligible workers and employers described in clause (i) to facilitate participation in the jobs program involved. (7) Payroll taxes The term payroll taxes means taxes under section 3111, 3221, 3301, or 3321 of the Internal Revenue Code of 1986, and any similar State or local tax imposed on employers. (8) Pre-apprenticeship The term pre-apprenticeship, used with respect to a program, means a program that is designed to prepare individuals to enter and succeed in a registered apprenticeship program and is carried out by an entity that has a documented partnership with at least one sponsor of a registered apprenticeship program. (9) Program position (A) In general The term program position, used with respect to a jobs program— (i) means a position— (I) in a temporary job that is designed to lead to long-term employment; and (II) that is provided along with, as necessary, career services, supportive services, and training services to enable an individual to succeed in the job and obtain and retain long-term employment; and (ii) includes— (I) a position in a transitional job; (II) a position in a registered apprenticeship program; and (III) an approved national service position made available under section 129 of the National and Community Service Act of 1990 (42 U.S.C. 12581), including a position sponsored under subsection (i) of that section, subject to subparagraph (B). (B) Rule (i) Employers with certain program positions A participating employer for an eligible worker (or an employer at the site of employment for an eligible worker) in a program position described in subparagraph (A)(ii)(III) shall be considered to be a service sponsor, as defined in section 101 of the National and Community Service Act of 1990 (42 U.S.C. 12511). (ii) Eligible workers in certain program positions In parity with section 101(30) of the National and Community Service Act of 1990 (42 U.S.C. 12511(30)), an eligible worker in such a program position shall not be considered to be an employee of the participating employer (or of an employer at the site of employment for the eligible worker). (10) Recognized postsecondary credential The term recognized postsecondary credential means such a credential as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102), if the provider of the program leading to the credential is identified under section 122(h) of such Act (29 U.S.C. 3152(h)). (11) Registered apprenticeship program The term registered apprenticeship program means a program 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.). (12) Secretary The term Secretary means the Secretary of Labor. (13) Transitional job The term transitional job means a job described in section 134(d)(5) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(d)(5)), without regard to the limitation described in that section on funding for such jobs. (14) WIOA terms The terms adult education and literacy activities, career pathway, community-based organization, customized training, industry or sector partnership, in-demand industry sector or occupation, integrated education and training, local area, local board, one-stop operator, poverty line, State area, State board, supportive services, training services, and veteran have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (15) Worker-owned enterprise (A) In general The term worker-owned enterprise means— (i) an eligible worker-owned cooperative, as defined in section 1042(c)(2) of the Internal Revenue Code of 1986; or (ii) an enterprise for which the majority of the voting stock is owned by workers employed by such enterprise. (B) Voting stock For purposes of subparagraph (A)(ii), the share of the voting stock owned by workers shall include stock held by an employee stock ownership plan, as defined in section 4975(e)(7) of such Code.