---
kind: "section"
citation: "29 U.S.C. § 3152"
title: "29"
title_heading: "Labor"
number: "3152"
heading: "Identification of eligible providers of training services"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/29/3152"
units:
  - "Chapter 32 — Workforce Innovation and Opportunity"
  - "Subchapter I — Workforce Development Activities"
  - "Part B — Workforce Investment Activities and Providers"
  - "Subpart 1 — workforce investment activities and providers"
---

# §3152. Identification of eligible providers of training services

- (a) **Eligibility—**
  - (1) **In general—** Except as provided in [subsection (h)](#h), the [Governor](/usc/29/3102.md?p=22), after consultation with the [State board](/usc/29/3102.md?p=57), shall establish criteria, information requirements, and procedures regarding the eligibility of providers of [training services](/usc/29/3102.md?p=60) to receive funds provided under [section 3173(b) of this title](/usc/29/3173.md?p=b) for the provision of [training services](/usc/29/3102.md?p=60) in [local areas](/usc/29/3102.md?p=32) in the [State](/usc/29/3102.md?p=56).
  - (2) **Providers—** Subject to the provisions of this section, to be eligible to receive those funds for the provision of [training services](/usc/29/3102.md?p=60), the provider shall be—
    - (A) an [institution of higher education](/usc/29/3102.md?p=28) that provides a program that leads to a [recognized postsecondary credential](/usc/29/3102.md?p=52);
    - (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](/usc/29/50.md) et seq.); or
    - (C) another public or private provider of a program of [training services](/usc/29/3102.md?p=60), which may include joint labor-management organizations, and eligible providers of [adult education and literacy activities](/usc/29/3102.md?p=3) under subchapter II if such activities are provided in combination with occupational skills training.
  - (3) **Inclusion in list of eligible providers—** A provider described in subparagraph [(A)](#a-2-A) or [(C)](#a-2-C) of paragraph (2) shall comply with the criteria, information requirements, and procedures established under this section to be included on the list of eligible providers of [training services](/usc/29/3102.md?p=60) described in [subsection (d)](#d). A provider described in [paragraph (2)(B)](#a-2-B) shall be included and maintained on the list of eligible providers of [training services](/usc/29/3102.md?p=60) described in [subsection (d)](#d) for so long as the corresponding program of the provider remains registered as described in [paragraph (2)(B)](#a-2-B).
- (b) **Criteria and information requirements—**
  - (1) **State criteria—** In establishing criteria pursuant to [subsection (a)](#a), the [Governor](/usc/29/3102.md?p=22) shall take into account each of the following:
    - (A) The performance of providers of [training services](/usc/29/3102.md?p=60) with respect to—
      - (i) the performance accountability measures and other matters for which information is required under [paragraph (2)](#b-2); and
      - (ii) other appropriate measures of performance outcomes determined by the [Governor](/usc/29/3102.md?p=22) for those participants receiving [training services](/usc/29/3102.md?p=60) 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](/usc/29/3102.md?p=60) were provided for students in general with respect to employment and earnings as defined under [section 3141(b)(2) of this title](/usc/29/3141.md?p=b-2).
    - (B) The need to ensure access to [training services](/usc/29/3102.md?p=60) throughout the [State](/usc/29/3102.md?p=56), including in rural areas, and through the use of technology.
    - (C) Information reported to [State](/usc/29/3102.md?p=56) agencies with respect to Federal and [State](/usc/29/3102.md?p=56) programs involving [training services](/usc/29/3102.md?p=60) (other than the program carried out under this part), including [one-stop partner programs](/usc/29/3102.md?p=43).
    - (D) The degree to which the training programs of such providers relate to in-demand industry sectors and occupations in the [State](/usc/29/3102.md?p=56).
    - (E) The requirements for [State](/usc/29/3102.md?p=56) licensing of providers of [training services](/usc/29/3102.md?p=60), and the licensing status of providers of [training services](/usc/29/3102.md?p=60) 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](/usc/29/3102.md?p=52).
    - (H) The quality of a program of [training services](/usc/29/3102.md?p=60), including a program of [training services](/usc/29/3102.md?p=60) that leads to a [recognized postsecondary credential](/usc/29/3102.md?p=52).
    - (I) The ability of the providers to provide [training services](/usc/29/3102.md?p=60) to individuals who are employed and individuals with barriers to employment.
    - (J) Such other factors as the [Governor](/usc/29/3102.md?p=22) determines are appropriate to ensure—
      - (i) the accountability of the providers;
      - (ii) that the [one-stop centers](/usc/29/3102.md?p=40) in the [State](/usc/29/3102.md?p=56) will ensure that such providers meet the needs of local employers and participants;
      - (iii) the informed choice of participants among [training services](/usc/29/3102.md?p=60) 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](/usc/29/3102.md?p=22) shall require that a provider of [training services](/usc/29/3102.md?p=60) submit appropriate, accurate, and timely information to the [State](/usc/29/3102.md?p=56), to enable the [State](/usc/29/3102.md?p=56) to carry out [subsection (d)](#d), with respect to participants receiving [training services](/usc/29/3102.md?p=60) 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](/usc/29/3141.md) 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](/usc/29/3102.md?p=52) 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)](#b-1).
  - (3) **Local criteria and information requirements—** A [local board](/usc/29/3102.md?p=33) in the [State](/usc/29/3102.md?p=56) may establish criteria and information requirements in addition to the criteria and information requirements established by the [Governor](/usc/29/3102.md?p=22), or may require higher levels of performance than required for the criteria established by the [Governor](/usc/29/3102.md?p=22), for purposes of determining the eligibility of providers of [training services](/usc/29/3102.md?p=60) to receive funds described in [subsection (a)](#a) for the provision of [training services](/usc/29/3102.md?p=60) in the [local area](/usc/29/3102.md?p=32) involved.
  - (4) **Criteria and information requirements to establish initial eligibility—**
    - (A) **Purpose—** The purpose of this paragraph is to enable the providers of programs carried out under subpart 3 to offer the highest quality [training services](/usc/29/3102.md?p=60) and be responsive to in-demand and emerging industries by providing [training services](/usc/29/3102.md?p=60) for those industries.
    - (B) **Initial eligibility—** Providers may seek initial eligibility under this paragraph as providers of [training services](/usc/29/3102.md?p=60) and may receive that initial eligibility for only 1 fiscal year for a particular program. The criteria and information requirements established by the [Governor](/usc/29/3102.md?p=22) under this paragraph shall require that a provider who has not previously been an eligible provider of [training services](/usc/29/3102.md?p=60) under this section (or section 122 of the Workforce Investment Act of 1998 [[29 U.S.C. 2842](https://uscode.house.gov/view.xhtml?req=(/us/usc/t29/s2842))], as in effect on the day before July 22, 2014) provide the information described in [subparagraph (C)](#b-4-C).
    - (C) **Information—** The provider shall provide verifiable program-specific performance information based on criteria established by the [State](/usc/29/3102.md?p=56) as described in [subparagraph (D)](#b-4-D) that supports the provider’s ability to serve participants under this part.
    - (D) **Criteria—** The criteria described in [subparagraph (C)](#b-4-C) shall include at least—
      - (i) a factor related to indicators described in [section 3141 of this title](/usc/29/3141.md);
      - (ii) a factor concerning whether the provider is in a partnership with business;
      - (iii) other factors that indicate high-quality [training services](/usc/29/3102.md?p=60), including the factor described in [paragraph (1)(H)](#b-1-H); and
      - (iv) a factor concerning alignment of the [training services](/usc/29/3102.md?p=60) with in-demand industry sectors and occupations, to the extent practicable.
    - (E) **Provision—** The provider shall provide the information described in [subparagraph (C)](#b-4-C) to the [Governor](/usc/29/3102.md?p=22) and the [local board](/usc/29/3102.md?p=33) in a manner that will permit the [Governor](/usc/29/3102.md?p=22) and the [local board](/usc/29/3102.md?p=33) to make a decision on inclusion of the provider on the list of eligible providers described in [subsection (d)](#d).
    - (F) **Limitation—** A provider that receives initial eligibility under this paragraph for a program shall be subject to the requirements under [subsection (c)](#c) for that program after such initial eligibility expires.
- (c) **Procedures—**
  - (1) **Application procedures—** The procedures established under [subsection (a)](#a) shall identify the application process for a provider of [training services](/usc/29/3102.md?p=60) to become eligible to receive funds provided under [section 3173(b) of this title](/usc/29/3173.md?p=b) for the provision of [training services](/usc/29/3102.md?p=60). The procedures shall identify the respective roles of the [State](/usc/29/3102.md?p=56) and [local areas](/usc/29/3102.md?p=32) in receiving and reviewing the applications and in making determinations of such eligibility based on the criteria, information, and procedures established under this section. The procedures shall also establish a process for a provider of [training services](/usc/29/3102.md?p=60) to appeal a denial or termination of eligibility under this section that includes an opportunity for a hearing and prescribes appropriate time limits to ensure prompt resolution of the appeal.
  - (2) **Renewal procedures—** The procedures established by the [Governor](/usc/29/3102.md?p=22) shall also provide for biennial review and renewal of eligibility under this section for providers of [training services](/usc/29/3102.md?p=60).
- (d) **List and information to assist participants in choosing providers—**
  - (1) **In general—** In order to facilitate and assist participants in choosing [employment and training activities](/usc/29/3102.md?p=19) and in choosing providers of [training services](/usc/29/3102.md?p=60), the [Governor](/usc/29/3102.md?p=22) shall ensure that an appropriate list of providers determined to be eligible under this section to offer a program in the [State](/usc/29/3102.md?p=56) (and, as appropriate, in a [local area](/usc/29/3102.md?p=32)), accompanied by information identifying the [recognized postsecondary credential](/usc/29/3102.md?p=52) offered by the provider and other appropriate information, is prepared. The list shall be provided to the [local boards](/usc/29/3102.md?p=33) in the [State](/usc/29/3102.md?p=56), and made available to such participants and to members of the public through the one-stop delivery system in the [State](/usc/29/3102.md?p=56).
  - (2) **Accompanying information—** The accompanying information shall—
    - (A) with respect to providers described in subparagraphs [(A)](#a-2-A) and [(C)](#a-2-C) of subsection (a)(2), consist of information provided by such providers, disaggregated by [local areas](/usc/29/3102.md?p=32) served, as applicable, in accordance with [subsection (b)](#b);
    - (B) with respect to providers described in [subsection (b)(4)](#b-4), consist of information provided by such providers in accordance with [subsection (b)(4)](#b-4); and
    - (C) such other information as the [Governor](/usc/29/3102.md?p=22) determines to be appropriate.
  - (3) **Availability—** The list and the accompanying information shall be made available to such participants and to members of the public through the one-stop delivery system in the [State](/usc/29/3102.md?p=56), in a manner that does not reveal personally identifiable information about an individual participant.
  - (4) **Limitation—** In carrying out the requirements of this subsection, no personally identifiable information regarding a student, including a Social Security number, student identification number, or other identifier, may be disclosed without the prior written consent of the parent or student in compliance with [section 1232g of title 20](/usc/20/1232g.md).
- (e) **Opportunity to submit comments—** In establishing, under this section, criteria, information requirements, procedures, and the list of eligible providers described in [subsection (d)](#d), the [Governor](/usc/29/3102.md?p=22) shall provide an opportunity for interested members of the public to make recommendations and submit comments regarding such criteria, information requirements, procedures, and list.
- (f) **Enforcement—**
  - (1) **In general—** The procedures established under this section shall provide the following:
    - (A) **Intentionally supplying inaccurate information—** Upon a determination, by an individual or entity specified in the procedures, that a provider of [training services](/usc/29/3102.md?p=60), or individual providing information on behalf of the provider, violated this section (or section 122 of the Workforce Investment Act of 1998 [[29 U.S.C. 2842](https://uscode.house.gov/view.xhtml?req=(/us/usc/t29/s2842))], as in effect on the day before July 22, 2014) by intentionally supplying inaccurate information under this section, the eligibility of such provider to receive funds under subpart 3 shall be terminated for a period of time that is not less than 2 years.
    - (B) **Substantial violations—** Upon a determination, by an individual or entity specified in the procedures, that a provider of [training services](/usc/29/3102.md?p=60) substantially violated any requirement under this subchapter (or title I of the Workforce Investment Act of 1998 [[29 U.S.C. 2801](/usc/29/2801.md) et seq.], as in effect on the day before July 22, 2014), the eligibility of such provider to receive funds under subpart 3 for the program involved shall be terminated for a period of not less than 2 years.
    - (C) **Repayment—** A provider of [training services](/usc/29/3102.md?p=60) whose eligibility is terminated under subparagraph [(A)](#f-1-A) or [(B)](#f-1-B) shall be liable for the repayment of funds received under [chapter 5](/usc/29/chch5.md) of subtitle B of title I of the Workforce Investment Act of 1998 [[29 U.S.C. 2861](https://uscode.house.gov/view.xhtml?req=(/us/usc/t29/s2861)) et seq.], as in effect on the day before July 22, 2014, or subpart 3 of this part during a period of violation described in such subparagraph.
  - (2) **Construction—** [Paragraph (1)](#f-1) shall be construed to provide remedies and penalties that supplement, but shall not supplant, civil and criminal remedies and penalties specified in other provisions of law.
- (g) **Agreements with other States—** [States](/usc/29/3102.md?p=56) may enter into agreements, on a reciprocal basis, to permit eligible providers of [training services](/usc/29/3102.md?p=60) to accept individual training accounts provided in another [State](/usc/29/3102.md?p=56).
- (h) **On-the-job training, customized training, incumbent worker training, and other training exceptions—**
  - (1) **In general—** Providers of [on-the-job training](/usc/29/3102.md?p=44), [customized training](/usc/29/3102.md?p=14), incumbent worker training, internships, and paid or unpaid work experience opportunities, or transitional employment shall not be subject to the requirements of subsections [(a)](#a) through [(f)](#f).
  - (2) **Collection and dissemination of information—** A [one-stop operator](/usc/29/3102.md?p=41) in a [local area](/usc/29/3102.md?p=32) shall collect such performance information from providers of [on-the-job training](/usc/29/3102.md?p=44), [customized training](/usc/29/3102.md?p=14), incumbent worker training, internships, paid or unpaid work experience opportunities, and transitional employment as the [Governor](/usc/29/3102.md?p=22) may require, and use the information to determine whether the providers meet such performance criteria as the [Governor](/usc/29/3102.md?p=22) may require. The [one-stop operator](/usc/29/3102.md?p=41) shall disseminate information identifying such providers that meet the criteria as eligible providers, and the performance information, through the one-stop delivery system. Providers determined to meet the criteria shall be considered to be identified as eligible providers of [training services](/usc/29/3102.md?p=60).
- (i) **Transition period for implementation—** The [Governor](/usc/29/3102.md?p=22) and [local boards](/usc/29/3102.md?p=33) shall implement the requirements of this section not later than 12 months after July 22, 2014. In order to facilitate early implementation of this section, the [Governor](/usc/29/3102.md?p=22) may establish transition procedures under which providers eligible to provide [training services](/usc/29/3102.md?p=60) under [chapter 5](/usc/29/chch5.md) of subtitle B of title I of the Workforce Investment Act of 1998 [[29 U.S.C. 2861](https://uscode.house.gov/view.xhtml?req=(/us/usc/t29/s2861)) et seq.], as such chapter was in effect on the day before July 22, 2014, may continue to be eligible to provide such services until December 31, 2015, or until such earlier date as the [Governor](/usc/29/3102.md?p=22) determines to be appropriate.

## Source credit

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

## Notes

### Editorial Notes

### References in Text

The National Apprenticeship Act, referred to in subsec. (a)(2)(B), is act Aug. 16, 1937, ch. 663, 50 Stat. 664, which is classified generally to chapter 4C (§ 50 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 50 of this title and Tables.

The Workforce Investment Act of 1998, referred to in subsecs. (f)(1)(B), (C), and (i), is Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 936, and was repealed by Pub. L. 113–128, title V, §§ 506, 511(a), July 22, 2014, 128 Stat. 1703, 1705, effective July 1, 2015. Title I of the Act was classified principally to chapter 30 (§ 2801 et seq.) of this title. Chapter 5 of subtitle B of title I of the Act was classified generally to part E (§ 2861 et seq.) of subchapter II of chapter 30 of this title. For complete classification of this Act to the Code, see Tables.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section 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 a note under section 3101 of this title.