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Title 29 — Labor

Part D · Chapter 32 — Workforce Innovation and Opportunity

§ 3224a. Job training grants

Statutory text

(1)

In general

The Secretary of Labor shall use funds available under section 1356(s)(2) of title 8 to award grants to eligible entities to provide job training and related activities for workers to assist them in obtaining or upgrading employment in industries and economic sectors identified pursuant to paragraph (4) that are projected to experience significant growth and ensure that job training and related activities funded by such grants are coordinated with the public workforce investment system.

(2)

Use of funds

(A)

Training provided

Funds under this section may be used to provide job training services and related activities that are designed to assist workers (including unemployed and employed workers) in gaining the skills and competencies needed to obtain or upgrade career ladder employment positions in the industries and economic sectors identified pursuant to paragraph (4).

(B)

Enhanced training programs and information

In order to facilitate the provision of job training services described in subparagraph (A), funds under this section may be used to assist in the development and implementation of model activities such as developing appropriate curricula to build core competencies and train workers, identifying and disseminating career and skill information, and increasing the integration of community and technical college activities with activities of businesses and the public workforce investment system to meet the training needs for the industries and economic sectors identified pursuant to paragraph (4).

(3)

Eligible entities

Grants under this section may be awarded to partnerships of private and public sector entities, which may include—

(A)

businesses or business-related nonprofit organizations, such as trade associations;

(B)

education and training providers, including community colleges and other community-based organizations; and

(C)

entities involved in administering the workforce development system, as defined in section 3102 of this title, and economic development agencies.

(4)

High growth industries and economic sectors

For purposes of this section, the Secretary of Labor, in consultation with State workforce investment boards, shall identify industries and economic sectors that are projected to experience significant growth, taking into account appropriate factors, such as the industries and sectors that—

(A)

are projected to add substantial numbers of new jobs to the economy;

(B)

are being transformed by technology and innovation requiring new skill sets for workers;

(C)

are new and emerging businesses that are projected to grow; or

(D)

have a significant impact on the economy overall or on the growth of other industries and economic sectors.

(5)

Equitable distribution

In awarding grants under this section, the Secretary of Labor shall ensure an equitable distribution of such grants across geographically diverse areas.

(6)

Leveraging of resources and authority to require match

(A)

Leveraging of resources

In awarding grants under this section, the Secretary of Labor shall take into account, in addition to other factors the Secretary determines are appropriate—

(i)

the extent to which resources other than the funds provided under this section will be made available by the eligible entities applying for grants to support the activities carried out under this section; and

(ii)

the ability of such entities to continue to carry out and expand such activities after the expiration of the grants.

(B)

Authority to require match

The Secretary of Labor may require the provision of specified levels of a matching share of cash or noncash resources from resources other than the funds provided under this section for projects funded under this section.

(7)

Performance accountability

The Secretary of Labor shall require grantees to report on the employment outcomes obtained by workers receiving training under this section using indicators of performance that are consistent with other indicators used for employment and training programs administered by the Secretary, such as entry into employment, retention in employment, and increases in earnings. The Secretary of Labor may also require grantees to participate in evaluations of projects carried out under this section.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 105–277 div. C title IV § 414(c) · 112 Stat. 2681

    Enacted · 29 U.S.C. § 3224a

    Pub. L. 105–277, div. C, title IV, § 414(c), Oct. 21, 1998, 112 Stat. 2681–653

    Source evidence

    Code source credit
    Pub. L. 105–277, div. C, title IV, § 414(c), Oct. 21, 1998, 112 Stat. 2681–653

    Enacted provision · exact public law section
    (c) Demonstration Programs and Projects to Provide Technical Skills Training for Workers.— (1) In general.— In establishing demonstration programs under section 452(c) of the Job Training Partnership Act (29 U.S.C. 1732(c)), as in effect on the date of the enactment of this Act, or demonstration programs or projects under section 171(b) of the Workforce Investment Act of 1998, the Secretary of Labor shall use funds available under section 286(s)(2) 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 102 of the Job Training Partnership Act (29 U.S.C. 1512), as in effect on the date of the enactment of this Act; or (ii) local boards that will carry out such programs or projects through one-stop delivery systems established under section 121 of the Workforce Investment Act of 1998; or (B) regional consortia of councils or local boards described in subparagraph (A).

  2. American Competitiveness in the Twenty-first Century Act of 2000

    Pub. L. 106–313 title I § 111 · 114 Stat. 1251

    Amended · 29 U.S.C. § 3224a

    Pub. L. 106–313 amended section catchline and text generally. Prior to amendment, text read as follows:

    Source evidence

    Code amendment note
    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).”

    Enacted provision · exact public law section
    SEC. 111. DEMONSTRATION PROGRAMS AND PROJECTS TO PROVIDE TECHNICAL SKILLS TRAINING FOR WORKERS. Section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of Public Law 105–277; 112 Stat. 2681-653) is amended to read as follows: “(c) 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 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) 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) 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 non-profit 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 (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. “(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 214(i) of the Immigration and Nationality Act. “(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 subsection (c)(2)(A)(ii), explain what barriers prevent the strategy from being implemented through a grant made under subsection (c)(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.”.

  3. H–1B Visa Reform Act of 2004

    Pub. L. 108–447 div. J title IV § 428 · 118 Stat. 2809

    1. Amended · 29 U.S.C. § 3224a

      Pub. L. 108–447 amended section catchline and text generally

    2. Substituted · 29 U.S.C. § 3224a

      Pub. L. 108–447 substituting provisions relating to job training grants for provisions relating to demonstration programs and projects to provide technical skills training for workers

    Source evidence

    Code amendment note
    Pub. L. 108–447 amended section catchline and text generally, substituting provisions relating to job training grants for provisions relating to demonstration programs and projects to provide technical skills training for workers.

    Enacted provision · exact public law section
    SEC. 428. GRANTS FOR JOB TRAINING FOR EMPLOYMENT IN HIGH GROWTH INDUSTRIES.   Section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (112 Stat. 2681–653) 29 USC 2916 note. is amended to read as follows: “(c) Job Training Grants.— “(1) In general.— The Secretary of Labor shall use funds available under section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) to award grants to eligible entities to provide job training and related activities for workers to assist them in obtaining or upgrading employment in industries and economic sectors identified pursuant to paragraph (4) that are projected to experience significant growth and ensure that job training and related activities funded by such grants are coordinated with the public workforce investment system. “(2) Use of funds.— “(A) Training provided.— Funds under this subsection may be used to provide job training services and related activities that are designed to assist workers (including unemployed and employed workers) in gaining the skills and competencies needed to obtain or upgrade career ladder employment positions in the industries and economic sectors identified pursuant to paragraph (4). “(B) Enhanced training programs and information.— In order to facilitate the provision of job training services described in subparagraph (A), funds under this subsection may be used to assist in the development and implementation of model activities such as developing appropriate curricula to build core competencies and train workers, identifying and disseminating career and skill information, and increasing the integration of community and technical college activities with activities of businesses and the public workforce investment system to meet the training needs for the industries and economic sectors identified pursuant to paragraph (4). “(3) Eligible entities.— Grants under this subsection may be awarded to partnerships of private and public sector entities, which may include— “(A) businesses or business-related nonprofit organizations, such as trade associations; “(B) education and training providers, including community colleges and other community-based organizations; and “(C) entities involved in administering the workforce investment system established under title I of the Workforce Investment Act of 1998, and economic development agencies. “(4) High growth industries and economic sectors.— For purposes of this subsection, the Secretary of Labor, in consultation with State workforce investment boards, shall identify industries and economic sectors that are projected to experience significant growth, taking into account appropriate factors, such as the industries and sectors that— “(A) are projected to add substantial numbers of new jobs to the economy; “(B) are being transformed by technology and innovation requiring new skill sets for workers; “(C) are new and emerging businesses that are projected to grow; or “(D) have a significant impact on the economy overall or on the growth of other industries and economic sectors. “(5) Equitable distribution.— In awarding grants under this subsection, the Secretary of Labor shall ensure an equitable distribution of such grants across geographically diverse areas. “(6) Leveraging of resources and authority to require match.— “(A) Leveraging of resources.— In awarding grants under this subsection, the Secretary of Labor shall take into account, in addition to other factors the Secretary determines are appropriate— “(i) the extent to which resources other than the funds provided under this subsection will be made available by the eligible entities applying for grants to support the activities carried out under this subsection; and “(ii) the ability of such entities to continue to carry out and expand such activities after the expiration of the grants. “(B) Authority to require match.— The Secretary of Labor may require the provision of specified levels of a matching share of cash or noncash resources from resources other than the funds provided under this subsection for projects funded under this subsection. “(7) Performance accountability.— The Secretary of Labor shall require grantees to report on the employment outcomes obtained by workers receiving training under this subsection using indicators of performance that are consistent with other indicators used for employment and training programs administered by the Secretary, such as entry into employment, retention in employment, and increases in earnings. The Secretary of Labor may also require grantees to participate in evaluations of projects carried out under this subsection.” .

  4. Workforce Innovation and Opportunity Act

    Pub. L. 113–128 title V § 512(a) · 128 Stat. 1425

    Substituted · 29 U.S.C. § 3224a(3)(C)

    Pub. L. 113–128 substituted “entities involved in administering the workforce development system, as defined in section 3102 of this title” for “entities involved in administering the workforce investment system established under title I of the Workforce Investment Act of 1998”

    Source evidence

    Code amendment note
    Par. (3)(C). Pub. L. 113–128 substituted “entities involved in administering the workforce development system, as defined in section 3102 of this title” for “entities involved in administering the workforce investment system established under title I of the Workforce Investment Act of 1998”.

    Enacted provision · exact public law section
    (a) American Competitiveness and Workforce Improvement Act of 1998.— Section 414(c)(3)(C) of the American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 2916a(3)(C)) is amended by striking “entities involved in administering the workforce investment system established under title I of the Workforce Investment Act of 1998” and inserting “entities involved in administering the workforce development system, as defined in section 3 of the Workforce Innovation and Opportunity Act”.

    Effective date note
    Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of this title.

5 of 5 references resolved to an enrolled provision

Editorial Notes

Codification

Section was formerly classified to section 2916a of this title and 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 Innovation and Opportunity Act which comprises this subchapter.

Amendments2000–2014 · 3 rounds

2014

Par. (3)(C). Pub. L. 113–128 substituted “entities involved in administering the workforce development system, as defined in section 3102 of this title” for “entities involved in administering the workforce investment system established under title I of the Workforce Investment Act of 1998”.

2004

Pub. L. 108–447 amended section catchline and text generally, substituting provisions relating to job training grants for provisions relating to demonstration programs and projects to provide technical skills training for workers.

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 , 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 ; 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).”

Statutory Notes and Related Subsidiaries

Effective Date of 2014 Amendment

Amendment by Pub. L. 113–128 effective on the first day of the first full program year after (), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of this title.

Effective Date of 2004 Amendment

Amendment by Pub. L. 108–447 effective 90 days after , see section 430(a) of Pub. L. 108–447, set out as a note under section 1182 of Title 8, Aliens and Nationality.

Credits

1998–2014 · 4 acts
  1. 1998Pub. L. 105–277, div. C, title IV, § 414(c), , 112 Stat. 2681–653
  2. 2000Pub. L. 106–313, title I, § 111, , 114 Stat. 1257
  3. 2004Pub. L. 108–447, div. J, title IV, § 428, , 118 Stat. 3358
  4. 2014Pub. L. 113–128, title V, § 512(a), , 128 Stat. 1705.
Show as published

(Pub. L. 105–277, div. C, title IV, § 414(c), , 112 Stat. 2681–653; Pub. L. 106–313, title I, § 111, , 114 Stat. 1257; Pub. L. 108–447, div. J, title IV, § 428, , 118 Stat. 3358; Pub. L. 113–128, title V, § 512(a), , 128 Stat. 1705.)

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