Page:United States Statutes at Large Volume 102 Part 4.djvu/896

 102 STAT. 3866

Termination date.

Regulations.

PUBLIC LAW 100-656—NOV. 15, 1988 persons furnishing materials or labor to the Program Participant by arranging for the direct disbursement of funds due to such persons by the procuring agency or through any bank the deposits of which are insured by the Federal Deposit Insurance Corporation; and "(iii) the contract to which it pertains does not exceed $3,000,000 in amount. This subparagraph shall cease to be effective on October 1, 1992. "(E) Fincmcial assistance whereby the Administration may purchase in whole or in part, and on behalf of such concerns, skills training or upgrading for employees or potential employees of such concerns. Such financial assistance may be made without regard to section 18(a), shall be made by way of reimbursement to the training provider, and shall have such adjustments as may be necessary to provide for overpayments or underpayments. For purposes of this subparagraph the term 'training provider' shall mean an institution of higher education, a community or vocational college, or an institution eligible to provide skills training or upgrading under the Job Training Partnership Act (29 U.S.C. 1501 et seq.). The Administration shall, in consultation with the Secretary of Labor, promulgate rules and regulations to implement this subparagraph that establish acceptable training and upgrading performance standards and provide for such monitoring or audit requirements as may be necessary to ensure the integrity of the training effort. No financial assistance shall be granted under the subparagraph unless the Administrator determines that— "(i) such concern has documented that it has Hrst explored the use of existing cost-free or cost-subsidized training programs offered by public and private sector agencies working with progreuns of employment and training and economic development; "(ii) no more than five employees or potential employees of such concern are recipients of any benefits under this subparagraph at any one time; "(iii) no more than $2,500 shall be made available for any one employee or potential employee; "(iv) the length of training or upgrading financed by this subparagraph shall be no less than one month nor more than six months; "(v) such concern has given adequate assurance it will employ the trainee or upgraded employee for at least six months after the training or upgrading financed by this subparagraph has been completed and each trainee or upgraded employee has provided a similar assurance to remain within the employ of such concern for such period; if such concern, trainee, or upgraded employee breaches this agreement, the Administration shall be entitled to and shall make diligent efforts to obtain from the violating party the repa3rment of all funds expended on behalf of the violating party, such repa}rment shall be made to the Administration together with such interest and costs of collection as may te reasonable; the violating party shall be barred from receiving any further assistance under this subparagraph;

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