§ 2916a. — Demonstration programs and projects to provide technical skills training for workers.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC2916a]
TITLE 29--LABOR
CHAPTER 30--WORKFORCE INVESTMENT SYSTEMS
SUBCHAPTER IV--NATIONAL PROGRAMS
Sec. 2916a. Demonstration programs and projects to provide
technical skills training for workers
(1) In general
(A) Funding
The Secretary of Labor shall use funds available under section
1356(s)(2) of title 8 to establish demonstration programs or
projects to provide technical skills training for workers, including
both employed and unemployed workers.
(B) Training provided
Training funded by a program or project described in
subparagraph (A) shall be for persons who are currently employed and
who wish to obtain and upgrade skills as well as for persons who are
unemployed. Such training is not limited to skill levels
commensurate with a four-year undergraduate degree, but should
include the preparation of workers for a broad range of positions
along a career ladder. Consideration shall be given to the use of
grant funds to demonstrate a significant ability to expand a
training program or project through such means as training more
workers or offering more courses, and training programs or projects
resulting from collaborations, especially with more than one small
business or with a labor-management training program or project. The
need for the training shall be justified through reliable regional,
State, or local data.
(2) Grants
(A) Eligibility
To carry out the programs and projects described in paragraph
(1)(A), the Secretary of Labor shall, in consultation with the
Secretary of Commerce, subject to the availability of funds in the
H-1B Nonimmigrant Petitioner Account, award--
(i) 75 percent of the grants to a local workforce investment
board established under section 116(b) [29 U.S.C. 2831(b)] or
section 117 of the Workforce Investment Act of 1998 (29 U.S.C.
2832) or consortia of such boards in a region. Each workforce
investment board or consortia of boards receiving grant funds
shall represent a local or regional public-private partnership
consisting of at least--
(I) one workforce investment board;
(II) one community-based organization or higher
education institution or labor union; and
(III) one business or business-related nonprofit
organization such as a trade association: Provided, That the
activities of such local or regional public-private
partnership described in this subsection shall be conducted
in coordination with the activities of the relevant local
workforce investment board or boards established under the
Workforce Investment Act of 1998 (29 U.S.C. 2832); and
(ii) 25 percent of the grants under the Secretary of Labor's
authority to award grants for demonstration projects or programs
under section 171 of the Workforce Investment Act \1\ (29 U.S.C.
2916) to partnerships that shall consist of at least 2
businesses or a business-related nonprofit organization that
represents more than one business, and that may include any
educational, labor, community organization, or workforce
investment board, except that such grant funds may be used only
to carry out a strategy that would otherwise not be eligible for
funds provided under clause (i), due to barriers in meeting
those partnership eligibility criteria, on a national,
multistate, regional, or rural area (such as rural telework
programs) basis.
---------------------------------------------------------------------------
\1\ So in original. Probably should be followed by ``of 1998''.
---------------------------------------------------------------------------
(B) Designation of responsible fiscal agents
Each partnership formed under subparagraph (A) shall designate a
responsible fiscal agent to receive and disburse grant funds under
this subsection.
(C) Partnership considerations
Consideration in the awarding of grants shall be given to any
partnership that involves and directly benefits more than one small
business (each consisting of 100 employees or less).
(D) Allocation of grants
In making grants under this paragraph, the Secretary shall make
every effort to fairly distribute grants across rural and urban
areas, and across the different geographic regions of the United
States. The total amount of grants awarded to carry out programs and
projects described in paragraph (1)(A) shall be allocated as
follows:
(i) At least 80 percent of the grants shall be awarded to
programs and projects that train employed and unemployed workers
in skills in high technology, information technology, and
biotechnology, including skills needed for software and
communications services, telecommunications, systems
installation and integration, computers and communications
hardware, advanced manufacturing, health care technology,
biotechnology and biomedical research and manufacturing, and
innovation services.
(ii) No more than 20 percent of the grants shall be
available to programs and projects that train employed and
unemployed workers for skills related to any single specialty
occupation, as defined in section 1184(i) of title 8.
(3) Start-up funds
(A) In general
Except as provided in subparagraph (B), not more than 5 percent
of any single grant, or not to exceed $75,000, whichever is less,
may be used toward the start-up costs of partnerships or new
training programs and projects.
(B) Exception
In the case of partnerships consisting primarily of small
businesses, not more than 10 percent of any single grant, or
$150,000, whichever is less, may be used toward the start-up costs
of partnerships or new training programs and projects.
(C) Duration of start-up period
For purposes of this subsection, a start-up period consists of a
period of not more than 2 months after the grant period begins, at
which time training shall immediately begin and no further Federal
funds may be used for start-up purposes.
(4) Training outcomes
(A) Consideration for certain programs and projects
Consideration in the awarding of grants shall be given to
applicants that provide a specific, measurable commitment upon
successful completion of a training course, to--
(i) hire or effectuate the hiring of unemployed trainees
(where applicable);
(ii) increase the wages or salary of incumbent workers
(where applicable); and
(iii) provide skill certifications to trainees or link the
training to industry-accepted occupational skill standards,
certificates, or licensing requirements.
(B) Requirements for grant applications
Applications for grants shall--
(i) articulate the level of skills that workers will be
trained for and the manner by which attainment of those skills
will be measured;
(ii) include an agreement that the program or project shall
be subject to evaluation by the Secretary of Labor to measure
its effectiveness; and
(iii) in the case of an application for a grant under
paragraph (2)(A)(ii), explain what barriers prevent the strategy
from being implemented through a grant made under paragraph
(2)(A)(i).
(5) Matching funds
Each application for a grant to carry out a program or project
described in paragraph (1)(A) shall state the manner by which the
partnership will provide non-Federal matching resources (cash, or in-
kind contributions, or both) equal to at least 50 percent of the total
grant amount awarded under paragraph (2)(A)(i), and at least 100 percent
of the total grant amount awarded under paragraph (2)(A)(ii). At least
one-half of the non-Federal matching funds shall be from the business or
businesses or business-related nonprofit organizations involved.
Consideration in the award of grants shall be given to applicants that
provide a specific commitment or commitments of resources from other
public or private sources, or both, so as to demonstrate the long-term
sustainability of the training program or project after the grant
expires.
(6) Administrative costs
An entity that receives a grant to carry out a program or project
described in paragraph (1)(A) may not use more than 10 percent of the
amount of the grant to pay for administrative costs associated with the
program or project.
(Pub. L. 105-277, div. C, title IV, Sec. 414(c), Oct. 21, 1998, 112
Stat. 2681-653; Pub. L. 106-313, title I, Sec. 111, Oct. 17, 2000, 114
Stat. 1257.)
References in Text
The Workforce Investment Act of 1998, referred to in par.
(2)(A)(i)(III), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as
amended. For complete classification of this Act to the Code, see Short
Title note set out under section 9201 of Title 20, Education, and
Tables.
Codification
Section was formerly set out as a note under section 2916 of this
title.
Section was enacted as part of the American Competitiveness and
Workforce Improvement Act of 1998 and also as part of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act, 1999, and
not as part of title I of the Workforce Investment Act of 1998 which
comprises this chapter.
Amendments
2000--Pub. L. 106-313 amended section catchline and text generally.
Prior to amendment, text read as follows:
``(1) In general.--In establishing demonstration programs under
section 1732(c) of this title, as in effect on October 21, 1998, or
demonstration programs or projects under section 2916(b) of this title,
the Secretary of Labor shall use funds available under section
1356(s)(2) of title 8 to establish demonstration programs or projects to
provide technical skills training for workers, including both employed
and unemployed workers.
``(2) Grants.--The Secretary of Labor shall award grants to carry
out the programs and projects described in paragraph (1) to--
``(A)(i) private industry councils established under section
1512 of this title, as in effect on October 21, 1998; or
``(ii) local boards that will carry out such programs or
projects through one-stop delivery systems established under section
2841 of this title; or
``(B) regional consortia of councils or local boards described
in subparagraph (A).''
Section Referred to in Other Sections
This section is referred to in title 8 section 1356.
