Page:United States Statutes at Large Volume 112 Part 2.djvu/82

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112 STAT. 966 PUBLIC LAW 105-220—AUG. 7, 1998 (ii) provides a program that leads to an associate degree, baccalaureate degree, or certificate; (B) an entity that carries out programs 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. (b) INITIAL ELIGIBILITY DETERMINATION.— (1) POSTSECONDARY EDUCATIONAL INSTITUTIONS AND ENTI- TIES CARRYING OUT APPRENTICESHIP PROGRAMS. — To be initially eligible to receive funds as described in subsection (a) to carry out a program described in subparagraph (A) or (B) of subsection (a)(2), a provider described in subparagraph (A) or (B), respectively, of subsection (a)(2) shall submit an application, to the local board for the local area in which the provider desires to provide training services, at such time, in such manner, and containing such information as the local board may require. (2) OTHER ELIGIBLE PROVIDERS. — (A) PROCEDURE. — Each Governor of a State shall establish a procedure for use by local boards in the State in determining the initial eligibility of a provider described in subsection (a)(2)(C) to receive funds as described in subsection (a) for a program of training services, including the initial eligibility of— (i) a postsecondary educational institution to receive such funds for a program not described in subsection (a)(2)(A); and (ii) a provider described in subsection (a)(2)(B) to receive such funds for a program not described in subsection (a)(2)(B). (B) RECOMMENDATIONS. —In developing such procedure, the Governor shall solicit and take into consideration the recommendations of local boards and providers of training services within the State. (C) OPPORTUNITY TO SUBMIT COMMENTS. — The Governor shall provide an opportunity, during the development of the procedure, for interested members of the public, including representatives of business and labor organizations, to submit comments on such procedure. (D) REQUIREMENTS.— In establishing the procedure, the Governor shall require that, to be initially eligible to receive funds as described in subsection (a) for a program, a provider described in subsection (a)(2)(C)— (i) shall submit an application, to the local board for the local area in which the provider desires to provide training services, at such time and in such manner as may be required, and containing a description of the program; (ii) if the provider provides training services through a program on the date of application, shall include in the application an appropriate portion of the performance information and program cost information described in subsection (d) for the program,