Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698135593081.pdf (Marshall Islands)
National Training Council Act 1991 14 MIRC Ch.6 TITLE 14 – EDUCATION CHAPTER 6 - NATIONAL TRAINING COUNCIL s Republic of the Marshall Islands Jepilpilin Ke Ejukaan NATIONAL TRAINING COUNCIL ACT 1991 Arrangement of Sections Section PART I - PRELIMINARY Page 3 §601.

§602.

§603.

Short Title.

............................................................................................................................. 3 Interpretation.
....................................................................................................................... 3 Preference.

............................................................................................................................. 4 PART II- NATIONAL TRAINING COUNCIL 4 Establishment of Council.

................................................................................................... 4 §604.

§605.

Council-membership.


.......................................................................................................... 5 §606.

Meetings, by-laws and procedures.

................................................................................... 5 Functions of Council.

........................................................................................................... 6 §607.

§608.

Annual Report.


..................................................................................................................... 7 §609.

Director and staff.

................................................................................................................. 7 PART III - TRAINING 7 §610.

Availability of grants.

.......................................................................................................... 7 Evaluation and award of grants.
........................................................................................ 8 §611.

Training Contracts.

............................................................................................................... 8 §612.

§613.

Placement of trainees.

.......................................................................................................... 8 §613A.

Apprenticeship training.


..................................................................................................... 8 PART IV - FINANCE 9 §614.

National Training Fund.

...................................................................................................... 9 Payments into the Fund....................................................................................................... 9 §615.

Payments out of the Fund.


.................................................................................................. 9 §616.

Bank accounts.

.................................................................................................................... 10 §617.

l Page 1 14 MIRC Ch.6 National Training Council Act 1991 §618.

Accounts and records.

....................................................................................................... 10 Borrowing and contributions.
.......................................................................................... 11 §619.

PART V - MISCELLANEOUS 11 §620.

Inspection of records.

........................................................................................................ 11 §621.

Authorized officers.

........................................................................................................... 11 Regulations.
........................................................................................................................ 12 §622.

§623.

Transition.

........................................................................................................................... 12 §624.
Merger of Work Investment Act Program Activities .................................................... 13 Page 2 r National Training Council Act 1991 14 MIRC Ch.6 §601 TITLE 14 – EDUCATION CHAPTER 6 - NATIONAL TRAINING COUNCIL s Republic of the Marshall Islands Jepilpilin Ke Ejukaan NATIONAL TRAINING COUNCIL ACT 1991 AN ACT Commencement: Source: Amended By: October 15, 1991 P.L.

1991-140 P.L.

2005-39 P.L.

2000-21 PART I - PRELIMINARY §601.

Short Title.


This Chapter may be cited as the National Training Council Act, 1991.

§602.

Interpretation.

In this Chapter, unless the context otherwise requires: (a) (b) (c) “Apprentice” means a person who has entered into an agreement to work for an employer for a period of time to be determined by the council, for the purpose of learning the craft, trade or profession in which the employer agrees to instruct him.
“Authorized officer” means a person appointed by the council in accordance with Section 621.

“Contract of apprenticeship” means an apprenticeship agreement made under Section 613. l Page 3 14 MIRC Ch.6 §603 National Training Council Act 1991 (d) (e) (f) (g) (h) “Council” means the National Training Council established under Section 604. trade or occupation” means a trade or “Designated occupation designated by the Minister of Education for the purposes of this Chapter.
“Director” means the Director of the Council appointed in accordance with Section 609.

“Fund” means the National Training Fund established under Section 614.

“President” as used herein, refers to the President of the Republic, or a member of Cabinet designated by the President to carry out the functions of the President under this Act.

[P.L.

1991-140, §2.][P.L.

2005-39] §603.

Preference.


In the administration of this Chapter, preference shall be given to citizens of the Republic, as permitted under Article II, Section 12(3) of the Constitution and in accordance with the principles of Section 104 of the Protection of Resident Workers Act, as amended (16MIRC 1).

[P.L.

1991-140§3.

][The Industries Development Act 1981 was repealed by this Act ][P.L.

1991-140, §23.]

PART II- NATIONAL TRAINING COUNCIL §604.

Establishment of Council.


(1) is hereby established There the National Training Council (hereinafter, “the Council”) to provide for vocational and other training and human resources development for the Republic.
(2) The Council: (a) (b) is a body corporate with perpetual succession; shall have a seal; (c) may enter into contracts; (d) may sue and be sued in its corporate name; and (e) for the purposes of its functions, has all the powers, functions, duties, and responsibilities of a corporation, provided that it shall not have the power to hold or convey real property.

Page 4 r National Training Council Act 1991 14 MIRC Ch.6 §605 (3) To the extent that the provisions of the Associations Law, P.L.
1990-91, as amended, are not inconsistent with this Chapter, they shall apply to the Council and its activities.

[P.L.

1991140, §4.]

§605.

Council-membership.
(1) The Council shall consist of the following nine (9) members: (a) One member representing the Ministry of Education; (b) One member representing the Economic Policy, Planning and Statistics Office; (c) One member representing the College of the Marshall Islands; (d) One member representing the Majuro Chamber of Commerce; (e) (i) (ii) (f) two (2) members from the general public, who shall be appointed by the Minister of Education, as follows: one representing employers; one representing employees; One member representing the University of the South Pacific; (g) One member representing the private schools.
And (h) One member representing Ebeye who shall be appointed by the Kwajalein Leadership.

(2) The Chairperson of the Council shall be appointed by the Cabinet.

§606.

Meetings, by-laws and procedures.

(1) (2) The Council shall meet not less than four (4) times per year.

The members shall be notified in writing by the Director or other person designated by the Council at least one week before the date of any meeting.
Subject to this Chapter and any other law, the Council shall determine its own bylaws, which shall provide for a quorum and the conduct of meetings; the appointment and duties of a Vice-Chairman and Secretary of the Council; the appointment of any additional committees as the Council deems advisable to assist the Council in its functions; and any other matters relating to the Council and its operations and procedures which it deems appropriate.

[P.L.

1991-140, §6.]


l Page 5 14 MIRC Ch.6 §607 National Training Council Act 1991 §607.

Functions of Council.
The functions of the Council are: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) to advise the Minister of Education on all vocational and other training and education matters in relation to the needs of industries, commerce and services to promote economic development; to make grants available to institutions, agencies, and organizations to provide training to residents of the Marshall Islands, with special emphasis on target groups designated “high priority” by the Council; to conduct periodic surveys of private sector employers to identify the training needs and skills gaps of industries and businesses in the Marshall Islands; to take the lead role in implementing the Technical-Vocational Education and Training (TVET) Strategic Plan and other initiatives delegated to the Council by the Nitijela or Cabinet; establish industry-aligned selected to occupational training courses and oversee the testing of trainees who complete these courses; standards for to establish a National system of trades certification and credentialing appropriate to the local economic context; to implement and oversee a Marshall Islands apprenticeship program and facilitate residents’ participation in U.S. and other international apprenticeship programs; to establish a Center to provide employment-related counseling and guidance to Marshall Islands residents and assist in placing job seekers in appropriate position vacancies; to take all necessary steps to strengthen the training capabilities of providers in the non-formal sector with special emphasis on providers in the Outer Islands; to monitor the collection and use of fees under the Non- Resident Workers Act and report to the Nitijela biennially on the effectiveness of the Act in creating job opportunities for Marshallese citizens; (k) to assist in screening and referring applications for placement at the Hawaii Job Corps Center; Page 6 r National Training Council Act 1991 14 MIRC Ch.6 §608 (l) (m) (n) to enter into any contracts necessary to carry out its functions under this Chapter; to submit an annual Report to the Nitijela in accordance with Section 608. to perform such other functions provided in this Chapter and any regulations promulgated under this Chapter as are necessary for carrying out the purposes of this Chapter.
§608.

Annual Report.

The Council shall submit a report to the Nitijela in its regular constitutional session by January 15th of each year, detailing its activities and the progress made in meeting the objectives of this Chapter, and may make recommendations to the Nitijela for any appropriate legislation or other action as necessary to provide for vocational and other training programs and human resources development in the Republic.

[P.L.

1991-140, §8.]

§609.

Director and staff.


(1) (2) (3) The Council shall appoint a Director of the Council on such terms and conditions as the Council, with the approval of the Minister, decides.

The Director shall serve at the pleasure of the Council, and shall be responsible for assisting the Council in carrying out its functions and for the implementation of this Chapter.
The Director may, with the prior approval of the Council, hire such staff, including technical and other advisors, as may be necessary to carry out the functions of the Council as provided in this Chapter.

[P.L.

1991-140, §9.]

PART III - TRAINING §610.

Availability of grants.


The Council shall adopt regulations and procedures for the solicitation of grant applications from agencies and organizations for the provision of training courses for residents of the Marshall Islands, including regulations and procedures on public notification of the availability of such grants and any training priorities established by the Council.

l Page 7 14 MIRC Ch.6 §611 National Training Council Act 1991 §611.

Evaluation and award of grants.


The Council shall adopt regulations and procedures for the competitive evaluation and award of grants to agencies and organizations for the provision of courses of training in accordance with Section 607(b) of this Chapter.

§612.

Training Contracts.

The Council shall adopt regulations and procedures for prescribing the particulars of contracts with agencies or organizations for the provision of training courses under this Chapter.
Such particulars may include, but are not limited to the following information: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) location and duration of training; curriculum content; learning objectives; trainer qualifications; facilities and equipment; number, age, and gender of trainees; evidence of employer demand and placement prospects; allowable costs; required reports to the Council; and payment schedule.

§613.

Placement of trainees.


The Council shall adopt regulations and procedures for the placement of trainees in appropriate jobs or the referral of trainees to agencies and organizations providing advanced instruction in the trainees’ trade or occupational specialties.

The regulations and procedures shall include placement and referral services provided by both the Council itself, in accordance with Section 607(h), and external agencies or organizations.

§613A.

Apprenticeship training.


The Council shall adopt regulations and procedures for establishing apprenticeship programs with employers including, but not limited to (i) the nature, scope, and duration of such apprenticeship programs, (ii) Page 8 r National Training Council Act 1991 14 MIRC Ch.6 §614 responsibilities and obligations of employers, apprentices, and the Council in conducting apprenticeship programs, and (iii) testing and certification of apprentices.

PART IV - FINANCE §614.


National Training Fund.

(1) (3) The National Training Fund (hereinafter, “the Fund”) is hereby established.

The Fund is a fund other than the Marshall Islands General Fund, within the meaning and for the purposes of Article XIII, Section 3(2) of the Constitution of the Marshall Islands.

[P.L.1991-140, §14.]

§615.

Payments into the Fund.
(1) There shall be paid into the Fund: (a) any amounts appropriated by the Nitijela for the purposes of the Council and this Chapter; (b) monies received from the Secretary of Finance under the Non- Resident Workers (Fee) Act, 1987 (16 MIRC Chapter 2); (c) in accordance with Section 619 of this Chapter, any monies, including gifts, grants, advances contributions and any other assistance which may be received, granted, given, bequeathed, endowed or in any manner received from any source for the purposes of this Chapter; and (d) any other monies properly payable by or under any other law into the Fund.
(2) The Council shall maintain within the Fund a separate account with respect to each of the matters as are referred to in Subsection (1) of this Section.

[P.L.

1991-140, §15.][P.L.

2005-39 amending para.

(B)][P.L.2005-39] §616.

Payments out of the Fund.


(1) Money may be paid out of the Fund only for the following purposes: (a) providing for training, including vocational training, human resources development and related purposes of this Chapter; l Page 9 14 MIRC Ch.6 §617 National Training Council Act 1991 (b) (c) for the administration of this Chapter: and for carrying out such other functions of the Council as are provided for in this Chapter.
(2) A delegation under Article VIII, Section 8(1) of the Constitution to expend money out of the Fund is given to the Minister of Education, who shall be satisfied that the withdrawal is made in accordance with this Chapter, any rules or regulations promulgated under this Chapter and any other applicable law.

[P.L.

1991-140, §16.]P.L.

2005-39, substituting “Minister”with “President”] §617.

Bank accounts.
Bank accounts.

The Council shall open a bank account or accounts with a bank approved by the Ministry of Finance for the purposes provided for in this Chapter.

[P.L.

1991-140, §17.]

§618.

Accounts and records.


(1) (2) (3) (4) The Council shall maintain proper accounts and records, in accordance with generally accepted accounting principles for government funds and to the satisfaction of the Secretary of Finance, of: (a) (b) the National Training Fund: and the disposition of monies made out of the Fund.
The accounts to be laid before the Nitijela by the Minister of Finance under Article VIII, Section 5(4) of the Constitution shall include accounts relating to the National Training Fund.

The accounts and records maintained under Section (1) of this Section shall be audited by the Auditor-General as provided for under Article VIII, Section 15 of the Constitution.
As soon as practicable after the end of each financial year, the Council shall transmit to the Minister: (a) (b) (c) a copy of the statement of accounts; a copy of the report made thereon by the Auditor-General: and a report containing details of the activities of the Council during the financial year.

[P.L.

1991-140, §18.]

Page 10 r National Training Council Act 1991 14 MIRC Ch.6 §619 §619.

Borrowing and contributions.


(1) With the approval of the Cabinet and subject to such conditions and within such limits as it imposes, and subject to this Section, the Council may borrow money for its purposes.

(2) Subject to the direction of the Minister of Education and to this Section, the Council may accept gifts, grants, advances, contributions or other assistance for its purposes.
(3) No money may be borrowed by the Council, and no gift, grant, advance, contribution or other assistance may be accepted by the Council, from the Government or agency of another country, or from any other sources outside of the Republic, except through the Government of the Republic or with the concurrence of the Cabinet.
(4) Where any money is borrowed, or any gift, grant, advance, contribution or other assistance is received for a specific purpose or subject to any conditions, it may be expended or used only for that purpose or subject to those conditions.

[P.L.

1991-140, §19.

][Sub-section (2) amended by P. L.2005-39] PART V - MISCELLANEOUS §620.

Inspection of records.


With respect to any employer of an apprentice or other trainee placed with such employer in accordance with this Chapter, the Council may inspect, during normal business hours and upon reasonable notice, any financial or other records as necessary, and may require the employer to maintain and produce records as approved by the Council, to enable the Council to carry out its function under this Chapter.

[P.L.

1991-140, §20.]

§621.

Authorized officers.


(1) The Council may appoint such persons as it deems necessary as authorized officers for any of the purposes of this Chapter.
(2) An authorized officer may: (a) at any reasonable time during normal business hours enter premises where apprentices are trained to examine methods used in training and provide advice; and l Page 11 14 MIRC Ch.6 §622 National Training Council Act 1991 (3) (4) (b) request for the production of records required to be maintained by an employer in accordance with Section 620. identification and An authorized officer shall carry sufficient evidence of his appointment by the Council when exercising his powers.
In the event that an authorized officer, upon the inspection of an employer’s premises or records, discovers violations of any apprenticeship of other training agreement, the officer shall report such fact in writing to the Council with a copy submitted to the employer.

The employer shall be given a reasonable opportunity to correct such violation.

An employer’s failure to correct such violation within a reasonable time may result in the termination of such agreement.
An employer’s failure to allow an authorized officer to enter the employer’s premises or inspect the employer’s records may also result in the termination of such agreement.

[P.L.

1991-140, §21.]

§622.

Regulations.
The Minister of Education, in consultation with the Council, shall promulgate such regulations as are necessary to implement this Chapter, including but not limited to the following: (a) (b) (c) (d) (e) (f) (g) courses of training under Section 610 the selection and placement of trainees under Section 611; apprenticeship training under Section 612; contracts of apprenticeship under Section 613; vocational and other training programs and education; human resources development; and any other objectives of this Chapter.
[P.L.

1991-140, §22.][P.L.

2005-39, substituting “Minister” with “President”] §623.

Transition.

(1) All acts, transactions, matters, and things done, determined, or entered into by the Manpower Training Program established under the Industries Development Act 1981 shall be deemed to have been done, determined, and entered into by the National Training Council established by this Chapter.
Page 12 r National Training Council Act 1991 14 MIRC Ch.6 §624 (2) All assets, liabilities, rights, and obligations of Manpower Training Program and the Manpower Training Program Fund established under the Industries Development Act 1981 and existing immediately before the effective date of this Chapter, are transferred to and are assets, liabilities, rights, and obligations of the National Training Council and the National Training Fund established by this Chapter.

[P.L.

1991-140, §24.]

§624.


Merger of Work Investment Act Program Activities (1) (2) (3) (4) (5) All activities under the Work Investment Act program are hereby merged under, and shall become the activities and programs of the National Training Council.

The members of the Board of Directors of the Work Investment Act program and the Members of the National Training Council are deemed to have tendered their resignations to Cabinet on the effective date of this Act.

[P.L.
[P.L.

2005-39] All employees of the Work Investment Act program and the National training Council are deemed to have tendered their resignations to their respective Boards on the effective date of this Act.

[P.L.

2005-39] The re-organization under subsection (1) herein shall be completed within thirty (30) days from the effective date of this Act.

[P.L.
[P.L.

2005-39] All employees of the Work Investment Act program and the National Training Council shall continue to perform their duties and responsibilities, and be compensated for work done during the thirty- day reorganization period.

[New section inserted by P.L.

2005-39] l Page 13