Statutory Authority for Evaluation, Sec 414 of

Attachment A:

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)

“(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.—

1. 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.”