USDOL/OALJ Law Library
WIA and JTPA Statute and Regulation Index
STATUTES
Workforce Investment Act of 1998," PL 105-220 (Aug. 7, 1998)
1. Enacted August 7, 1998 to replace the JTPA and is codified at 29 U.S.C. 2911 et seq.
2. 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
1. Enacted in 1982 and codified at 29 U.S.C. 1501 et seq. (repealed in 1998; replaced by WIA)
2. 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 (repealed in 1982, to be replaced by JTPA)
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) TXT
VersionPDF 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
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
Proposal for implementing the Age Discrimination Act of 1975 for programs and activities
that receive Federal financial assistance under the Job Training Partnership Act.
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
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.
SeeSecretary'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.