29 USC 3152 - Identification of eligible providers of training services

U.S Code last checked for updates: May 06, 2024

§ 3152.

Identification of eligible providers of training services

(a)

Eligibility

(1)

In general

(2)

Providers

Subject to the provisions of this section, to be eligible to receive those funds for the provision of training services, the provider shall be—

(A)

an institution of higher education that provides a program that leads to a recognized postsecondary credential;

(B)

an entity that carries out programs 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.); or

(C)

another public or private provider of a program of training services, which may include joint labor-management organizations, and eligible providers of adult education and literacy activities under subchapter II if such activities are provided in combination with occupational skills training.

(3)

Inclusion in list of eligible providers

(b)

Criteria and information requirements

(1)

State criteria

In establishing criteria pursuant to subsection (a), the Governor shall take into account each of the following:

(A)

The performance of providers of training services with respect to—

(i)

the performance accountability measures and other matters for which information is required under paragraph (2); and

(ii)

other appropriate measures of performance outcomes determined by the Governor for those participants receiving training services under this part (taking into consideration the characteristics of the population served and relevant economic conditions), and the outcomes of the program through which those training services were provided for students in general with respect to employment and earnings as defined under section 3141(b)(2) of this title.

(B)

The need to ensure access to training services throughout the State, including in rural areas, and through the use of technology.

(C)

Information reported to State agencies with respect to Federal and State programs involving training services (other than the program carried out under this part), including one-stop partner programs.

(D)

The degree to which the training programs of such providers relate to in-demand industry sectors and occupations in the State.

(E)

The requirements for State licensing of providers of training services, and the licensing status of providers of training services if applicable.

(F)

Ways in which the criteria can encourage, to the extent practicable, the providers to use industry-recognized certificates or certifications.

(G)

The ability of the providers to offer programs that lead to recognized postsecondary credentials.

(H)

The quality of a program of training services, including a program of training services that leads to a recognized postsecondary credential.

(I)

The ability of the providers to provide training services to individuals who are employed and individuals with barriers to employment.

(J)

Such other factors as the Governor determines are appropriate to ensure—

(i)

the accountability of the providers;

(ii)

that the one-stop centers in the State will ensure that such providers meet the needs of local employers and participants;

(iii)

the informed choice of participants among training services providers; and

(iv)

that the collection of information required to demonstrate compliance with the criteria is not unduly burdensome or costly to providers.

(2)

State information requirements

The information requirements established by the Governor shall require that a provider of training services submit appropriate, accurate, and timely information to the State, to enable the State to carry out subsection (d), with respect to participants receiving training services under this part in the applicable program, including—

(A)

information on the performance of the provider with respect to the performance accountability measures described in section 3141 of this title for such participants (taking into consideration the characteristics of the population served and relevant economic conditions), and information specifying the percentage of such participants who entered unsubsidized employment in an occupation related to the program, to the extent practicable;

(B)

information on recognized postsecondary credentials received by such participants;

(C)

information on cost of attendance, including costs of tuition and fees, for participants in the program;

(D)

information on the program completion rate for such participants; and

(E)

information on the criteria described in paragraph (1).

(3)

Local criteria and information requirements

(4)

Criteria and information requirements to establish initial eligibility

(A)

Purpose

(B)

Initial eligibility

(C)

Information

(D)

Criteria

The criteria described in subparagraph (C) shall include at least—

(i)

a factor related to indicators described in section 3141 of this title;

(ii)

a factor concerning whether the provider is in a partnership with business;

(iii)

other factors that indicate high-quality training services, including the factor described in paragraph (1)(H); and

(iv)

a factor concerning alignment of the training services with in-demand industry sectors and occupations, to the extent practicable.

(E)

Provision

(F)

Limitation

(c)

Procedures

(1)

Application procedures

(2)

Renewal procedures

(d)

List and information to assist participants in choosing providers

(1)

In general

(2)

Accompanying information

The accompanying information shall—

(A)

with respect to providers described in subparagraphs (A) and (C) of subsection (a)(2), consist of information provided by such providers, disaggregated by local areas served, as applicable, in accordance with subsection (b);

(B)

with respect to providers described in subsection (b)(4), consist of information provided by such providers in accordance with subsection (b)(4); and

(C)

such other information as the Governor determines to be appropriate.

(3)

Availability

(4)

Limitation

(e)

Opportunity to submit comments

(f)

Enforcement

(1)

In general

The procedures established under this section shall provide the following:

(A)

Intentionally supplying inaccurate information

(B)

Substantial violations

(C)

Repayment

(2)

Construction

(g)

Agreements with other States

(h)

On-the-job training, customized training, incumbent worker training, and other training exceptions

(1)

In general

(2)

Collection and dissemination of information

(i)

Transition period for implementation

(Pub. L. 113–128, title I, § 122, July 22, 2014, 128 Stat. 1492.)

cite as: 29 USC 3152