USDOL/OALJ Law Library
WIA and JTPA Statute and Regulation Index
Workforce Innovation and Opportunity Act, P.L. 113-128 (July 22, 2014)
- Enacted July 22, 2014, to supersede the WIA and amend the Adult Education and Family Literacy Act, the Wagner-Peyser Act, and the Rehabilitation Act Amendments of 1998
- Codified at 29 U.S.C. § 2801 et seq.
- 20 C.F.R. Part 652 (establishment and functioning of state employment services);
20 C.F.R. Parts 660-670 (general provisions);
29 C.F.R. Part 37 (implementation of the nondiscrimination and equal opportunity provisions of the WIA);
29 C.F.R. Part 38 (implementation of the nondiscrimination and equal opportunity provisions of the WIOA)
Workforce Investment Act of 1998, P.L. 105-220 (Aug. 7, 1998)
- Enacted August 7, 1998 to replace the JTPA
- Codified at 29 U.S.C. 2911 et seq. (superseded by WIOA)
- 29 C.F.R. Part 37 (non-discrimination regulations); 20 C.F.R. Parts 661-671 (implementing regulations) The hearing procedures for most proceedings are located at 20 C.F.R. 667.800-667.860
Job Training Partnership Act
- Codified at 29 U.S.C. 1501 et seq. (repealed in 1998; replaced by WIA)
- 29 C.F.R. Part 34 (non-discrimination regulations); 20 C.F.R. Parts 626-631 and 638 (implementing regulations)
Comprehensive Employment and Training Act
Enacted in 1973 and codified at 29 U.S.C. 801 et seq. (repealed in 1982, to be replaced by JTPA)
- Employment Service Regulations
- Workforce Investment Systems Regulations
- 20 CFR Parts 660 Introduction to the Regulations for Workforce Investment Systems Under Title I of the Workforce Investment Act
- 661 Statewide and Local Governance of the Workforce Investment System Under Title I of the Workforce Investment Act
- 662 Description of the One-Stop System Under Title I of the Workforce Investment Act
- 663 Adult and Dislocated Worker Activities Under Title I of the Workforce Investment Act
- 664 Youth Activities Under Title I of the Workforce Investment Act
- 665 Statewide Workforce Investment Activities Under Title I of the Workforce Investment Act
- 666 Performance Accountability Under Title I of the Workforce Investment Act
- 667 Administrative Provisions Under Title I of the Workforce Investment Act
- 668 Indian and Native American Programs Under Title I of the Workforce Investment Act
- 669 Migrant and Seasonal Farmworker Programs Under Title I of the Workforce Investment Act
- 670 The Job Corps Under Title I of the Workforce Investment Act
- 671 National Emergency Grants for Dislocated Workers
- Nondiscrimination/Equal Opportunition Regulations
- 20 CFR 626 Introduction to the Regulations Under the Job Training Partnership Act
- 20 CFR 627 General Provisions Governing Programs Under Titles I, II, and III of the Act
- 20 CFR 628 Programs Under Title II of the Job Training Partnership Act
- 20 CFR 631 Programs Under Title III of the Job Training Partnership Act
- 20 CFR 632 Indian and Native American Employment and Training Programs
- 20 CFR 633 Migrant and Seasonal Farmworker Programs
- 20 CFR 634 Labor Market Information Programs Under Title IV, Part E of the Job Training Partnership Act
- 20 CFR 636 Complaints, Investigations and Hearings
- 20 CFR 637 Programs Under Title V of the Job Training Partnership Act
- 20 CFR 638 Job Corps Program Under Title IV-B of the Job Training Partnership Act
- Nondiscrimination/Equal Opportunition Regulations
FEDERAL REGISTER DOCUMENTS
Implementation of the Nondiscrimination and Equal Opportunity Provisions of the Workforce Innovation and Opportunity Act Federal Register Notice : Final Rule, Implementation of the Nondiscrimination and Equal Opportunity Provisions of the Workforce Innovation and Opportunity Act, 29 CFR Part 38 , 80 Fed. Reg. 43871 (July 23, 2015) PDF This final rule implements nondiscrimination and equal opportunity regulations under Section 188 of the Workforce Innovation and Opportunity Act (WIOA). The rule adopts the Department's regulatory scheme for Section 188 of WIA verbatim, with technical revisions to conform to WIOA. It is published as a final rule to conform to statutory mandate. The Department will be publishing a Notice of Proposed Rulemaking to reflect developments in equal opportunity and nondiscrimination jurisprudence, changes in the practices of recipients and beneficiaries since 1999, and proposed changes in the Department's enforcement procedures and processes. This final rule will apply in the interim. Implementation of the Nondiscrimination and Equal Opportunity Provisions of the Workforce Investment Act of 1998 Federal Register Notice : Interim Final Rule, Implementation of the Nondiscrimination and Equal Opportunity Provisions of the Workforce Investment Act of 1998, 29 CFR Part 37 , 64 Fed. Reg. 61691 (Nov. 12, 1999) PDF Version On November 12, 1999, the Department published an interim final rule , effective on that date, which
- "implements Section 188 of the Workforce Investment Act of 1998 (WIA) , which contains the statute's equal opportunity and nondiscrimination provisions. The Workforce Investment Act supersedes the Job Training Partnership Act (JTPA) as the Department of Labor's primary mechanism for providing financial assistance for a comprehensive system of job training and placement services for adults and eligible youth. With limited substantive changes described in Section III of this preamble, this rule generally carries over the policies and procedures found in 29 CFR part 34, which implements the nondiscrimination and equal opportunity provisions of JTPA. Section 188(e) of WIA mandates that the Department issue regulations implementing the section within one year of the passage of WIA."
64 Fed. Reg. 61692 (boldface added).
- According to the preamble, "Subpart E--describes the procedures for effecting compliance, including (a) actions the Department will take upon making a finding of noncompliance for which voluntary compliance cannot be achieved; (b) the rights of parties upon such a finding; and (c) hearing procedures, sanctions, and post-termination procedures."
Id. at 61693.
Regulations Implementing the Workforce Investment Act of 1998 Federal Register Notice : Interim Final Rule, 20 CFR Part 652 and Parts 660 through 671, Workforce Investment Act , 64 Fed. Reg. 18661 (Apr. 12, 1999) SUMMARY: These are interim final regulations for the implementation of the Workforce Investment Act. The final regulations are not scheduled for publication until December 1999, and the Act itself does not go into effect until July 1, 2000. Regulations need to be in place prior to the effective date, however, to give States time to review and understand the program. ETA endeavored to make the regulations "user-friendly" and notes that they are about half the length of the JTPA regulations they will replace.
The procedures for hearings before ALJs will be similar to those for JTPA cases. 29 C.F.R. Part 18, Subpart A but not Subpart B, will apply. Subpoenas are authorized. The Grant Officer will have the "burden of production" to support his or her decision, and will supply an administrative file to support the decision; thereafter, the party seeking to overturn the decision will have the "burden of persuasion." Appeals will be to the ARB, which will have the discretion whether or not to accept the matter for review. Parties may "waive" their rights to an ALJhearing by choosing to participate in alternative dispute resolution but the "waiver" is revoked if the case is not settled within 60 days.
The regulations also make reference to the non-discrimination provision, Section 188 of the WIA. ETA indicates that it will publish separate regulations, to be located at 29 CFR Part 37, and will be similar to the present JTPA non-discrimination provisions at 29 CFR Part 34.
Regulations Implementing ADA for JTPA Programs and Activities Federal Register Notice : Office of the Secretary, Department of Labor, Nondiscrimination on the Basis of Age in Programs and Activities Receiving Federal Financial Assistance From the Department of Labor; 29 CFR Part 35, Proposed Rule ,63 Fed. Reg. 71713 (Dec. 29, 1998) Proposal for implementing the Age Discrimination Act of 1975 for programs and activities that receive Federal financial assistance under the Job Training Partnership Act.
Program Year 1999 Grantee Designation Procedures Federal Register Notice : Notice of final designation procedures for grantees, Employment and Training Administration, Job Training Partnership Act: Indian and Native American Employment and Training Programs; Solicitation for Grant Application: Final Grantee Designation Procedures for Program Year 1999 , 63 Fed. Reg. 51771 (Sept. 28, 1998) Procedures by which DOL will designate potential grantees to receive a one-year grant for Indian and Native American Employment and Training Programs under the Job Training Partnership Act). The procedure includes a right to an ALJ hearing for "[a]ny organization not designated, in whole or in part, for a geographic service area," under the provisions of 20 CFR Part 636.
Indian and Native American Welfare-To-Work Grants Program Federal Register Notice : Interim final rule, Employment and Training Administration, 20 CFR Part 646, Indian and Native American Welfare-To-Work Grants Program , 63 Fed. Reg. 15986 (Apr. 1, 1998) Interim Final Rule to implement the provisions of the Indian and Native American Welfare-to-Work Program authorized under section 412(a)(3) of the Social Security Act ("the Act"), as amended by Public Law 104-193, the Personal Responsibility and Work Opportunities Reconciliation Act of 1996, and by title V, section 5001(c) of Public Law 105-33, The Balanced Budget Act of 1997. The statute authorizes the DOL to provide grants to tribes for transitional employment assistance to move hard-to-employ welfare recipients with significant employment barriers into unsubsidized jobs offering long-term employment opportunities.
Review Authority of the Administrative Review Board Federal Register Notice : Effective May 3, 1996, the Administrative Review Board replaced the Office of Administrative Appeals, the Wage Appeals Board and the Board of Service Contract Appeals. See Secretary's Order 2-96 (Authority and Responsibilities of the Administrative Review Board), 61 Fed. Reg. 19978 (1996), and Final Rule Establishing Adminstrative Review Board, 61 Fed. Reg. 19982 (1996)
JTPA Regulatory Amendments Federal Register Notice : Final Rule, 59 Fed. Reg. 45815 (Sept. 2, 1994) Note: The following text is from the the September 2, 1994 Federal Register in which the Employment and Training Administration amended the Job Training Partnership Act (JTPA) regulations. The regulations became effective on June 30, 1995, except that the provisions of Sec. 627.201 became effective October 3, 1994.
- Summary, Discussion of major changes and comments (I)
- Continuation of discussion of comments (II) (starts at "Subpart D--Administrative Standards")
- Continuation of discussion of comments (III) (starts at ":Subpart E--Grievance Procedures at the State and Local Level")
- Continuation of discussion of comments (IV) (starts at "Title II-A--The Audit Program")
- Revised introductory regulations and table of contents
- Revised Part 626
- Revised Part 627
- Revised Part 628
- Parts 629 and 630 [Removed and reserved]
- Revised Part 631
- Revised Part 637
- Note: Parts 632 to 636 and 638 were not changed by the 1994 amendments.