Federal Register / Vol. 66, No. 241 / Friday, December 14, 2001 / Notices 64859

Form

Annual

responses

Average burden (in hrs.)

Per responseAnnually

Work Statements 1 2 2

BLS–OSHS2 ...... 4 1 4

Totals ............. 5 ........... 6

Total Annualized Capital/Startup

Costs: $0.

Total Annual Costs (operating/

maintaining systems or purchasing

services): $0.

Description: The Bureau of Labor

Statistics signs cooperative agreements

with states, and political subdivisions

thereof, to assist them in developing and

administering programs that deal with

Occupational safety and Health

Statistics (OSHS) and to arrange through

these agreements for research to further

the objectives of the Occupational

Safety and Health Act. The OSHS

Cooperative Agreement (CA) is the

vehicle through which State Agencies

are awarded funds.

Federal regional and national office

staffs use information collected under

the CA in order to carry out their

fiduciary responsibilities to negotiate

the CA funding levels with the State

Agencies, to monitor their financial and

programmatic performance, and to

monitor their adherence to

administrative requirements, which are

imposed by 29 CFR part 967 and other

grants-management-related regulations.

Ira L. Mills,

DOL Clearance Officer.

[FR Doc. 01–30856 Filed 12–13–01; 8:45 am]

BILLING CODE 4510–24–M

DEPARTMENT OF LABOR

Employment and Training

Administration

[SGA No. DFA 02–102]

H–1B Technical Skills Training Grants

AGENCY: Employment and Training

Administration (ETA), Labor.

ACTION: Notice of availability of funds

and solicitation for grant applications

(SGA). This notice contains all of the

necessary information and forms needed

to apply for grant funding.

SUMMARY: The Employment and

Training Administration (ETA), U.S.

Department of Labor (DOL), announces

the availability of grant funds for skills

training programs for unemployed and

employed workers. These grants are

financed by a user fee paid by

employers to bring foreign workers into

the U.S. under a new H–1B

nonimmigrant visa or at visa renewal.

As part of the H–1B nonimmigrant visa

program, this skills training program

was authorized under the American

Competitiveness and Workforce

Improvement Act of 1998 (ACWIA), as

amended. The grants are intended to be

a long-term solution to domestic skill

shortages in high skill and high

technology occupations. Grant awards

will be made only to the extent that

funds are available. Section 414(c) of

ACWIA as amended, (Pub. L. 106–313;

114 Stat. 1257, 29 USC 2916a(2)(A)(ii))

specifies that the Secretary of Labor

shall award 25 percent of the grants

under these provisions for

demonstration projects or programs

under section 171 of the Workforce

Investment Act (Pub. L. 105–220, 29

USC 2916) to partnerships that shall

consist of at least two 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 through workforce investment

boards under H–1b technical Skills

Training Grants announced in the

Federal Register on April 13, 2001 (66

FR 19209), due to barriers in meeting

those partnership eligibility criteria, on

a national, multi-state, regional, or rural

area (such as rural telework programs)

basis. Community organizations may

include faith-based organizations.

Grants will be distributed fairly across

rural and urban areas and across

geographic regions.

This solicitation describes the

application submission requirements,

the process that eligible entities must

use to apply for funds covered by this

solicitation, and how grantees will be

selected. This solicitation is the first in

a series to fund grants to business

partnerships or business-related nonprofits.

Approximately $20 million will be

available for funding projects under in

this solicitation, with six to 16 projects

to be selected for funding. The

maximum award of each grant will not

exceed $3 million. It is anticipated that

an additional $16 million will be

available for funding projects covered in

the 25% of this year’s funding through

the competitive process for a total $36

million committed to this effort.

DATES: Applications for grant awards

will be accepted commencing

immediately. The closing date for

receipt of applications shall be February

12, 2002, at 4:00 p.m. (Eastern Time) at

the address below.

ADDRESSES: Applications will be mailed

to the U.S. Department of Labor,

Employment and Training

Administration, Division of Federal

Assistance, Attention: Ella Freeman,

SGA/DFA 02–102, 200 Constitution

Avenue, NW., Room S–4203,

Washington, DC 20210.

FOR FURTHER INFORMATION CONTACT:

Questions should be faxed to Ella

Freeman, Grants Management

Specialist, Division of Federal

Assistance, Fax (202) 693–2879. This is

not a toll free number. All inquiries

should include the SGA number (DFA

02–102) and a contact name, fax and

phone number. This solicitation will

also be published on the Internet on the

Employment and Training

Administration’s Homepage at http://

www.doleta.gov. Award notifications

will also be published on this

Homepage.

SUPPLEMENTARY INFORMATION: The

Employment and Training

Administration (ETA), U.S. Department

of Labor (DOL), announces the

availability of grant funds for skill

training programs for unemployed and

employed workers. These grants are

financed by a user fee paid by

employers to bring foreign workers into

the U.S. under a new H–1B

nonimmigrant visa or at visa renewal.

As part of the H–1B nonimmigrant visa

program, this skills training program

was authorized under the American

Competitiveness and Workforce

Improvement Act of 1998 (‘‘the Act’’), as

amended. The grants are intended to be

a long-term solution to domestic skill

shortages in high skill and high

technology occupations.

The Act creates two separate grant

programs. Seventy-five (75%) percent of

the available grant funds will be

awarded to Local Workforce Investment

Boards (Local Boards) established under

section 117 of the Workforce Investment

Act (WIA) (Pub. L. 105–220, 29 USC

2832), or regional consortia of Local

Boards. Regional consortia of boards

may be interstate. Each Local Board or

consortium of boards receiving grant

funds must represent a local or regional

public-private partnership that is

comprised of at least: (i) One Local

Board; (ii) one business or businessrelated non-profit organization such as a

trade association; and (iii) one

community-based organization or higher

education institution or labor union.

Community organizations may include

faith-based organizations that will carry

out such programs or projects through

the One-Stop delivery systems

64860 Federal Register / Vol. 66, No. 241 / Friday, December 14, 2001 / Notices

established under section 121 of WIA

(29 USC 2841). These funds were made

available under H–1B Technical Skills

Training Grants announced in the

Federal Register on April 13, 2001 (66

FR 19209).

This SGA concerns the remaining 25

percent of the available funds that will

be awarded to business partnerships

that consist of at least two businesses or

a business-related nonprofit

organization that represents more than

one business. The partnership may also

include any educational, labor,

community organization, or Local

Board. Community organizations may

include faith-based organizations. These

grant funds may be used only to

carryout a strategy that would otherwise

not be eligible for the 75 percent funds

discussed above. Applicants for the 25

percent funds must explain the barriers

they faced in meeting the partnership

eligibility criteria for the 75 percent

funds—for example, the business

partnerships may be on a national,

multi-state, regional or rural area basis

(such as rural telework programs).

ACWIA 2000 provides resources for

skill training in high skill and high

technology occupations that are in

demand by U.S. business. One key

measure of this demand is determined

by the number of employer H–1B

applications for foreign workers. For

example, industries that appear to

generate the most current H–1B demand

are information technology (IT) and

health care. Some examples of specific

occupations that can be trained for

through this initiative include:

registered nurses with four-year degrees,

physical therapists, and laboratory

technicians. Appendix B to this

solicitation provides information on the

kinds of occupations certified under the

H–1B program by the Department of

Labor for the first five months of Fiscal

Year 2000 (October 1, 1999 through

February 29, 2000) and the number of

job openings certified in each

occupation.

This initiative will build on similar

ETA initiatives that deal with the issue

of skill shortages including the June

1998 dislocated worker technology

demonstration, the new dislocated

worker technology demonstration, the

regional skills consortium building

awards announced in March 2000, the

individual training account

demonstration grant awards announced

in February 2000 and the skills

strategies, partnership training/system

building demonstration awards which

were announced in June 2000. These

efforts were intended to strengthen

linkages between employers

experiencing skill shortages in specific

occupations and the publicly-funded

workforce system. In June 1998, $7.5

million in JTPA Title III dislocated

worker funds were awarded to 11

organizations throughout the country to

train workers in skills related to the

information technology industry. In

June 1999, over $9.57 million was

awarded to 10 grantees to train

dislocated workers in the skills

necessary to obtain work requiring

advanced skills in occupations in

manufacturing industry settings,

including computers and electronics

manufacturing, machinery and motor

vehicles, chemicals and petroleum,

specialized instruments and devices,

and biomedics. On March 2, 2000, 23

awards totaling $15.2 million were

announced for the regional skills

consortium competition. Finally, this

solicitation is taking into account the

experience gained from the first, second

and third rounds of the H–1B

competition for which 9 awards totaling

$12.4 million were announced on

February 10, 2000, 12 awards totaling

$29.2 million were announced on July

19, 2000, and 22 awards totaling $54.0

million were announced on October 20,

2000.

In this round, ETA is soliciting

proposals on a competitive basis for the

conduct of demonstration projects to

provide technical skills training for

workers, including both employed and

unemployed workers.

This announcement consists of three

parts:

• Part I—Application Process.

• Part II—Statement of Work/

Reporting Requirements.

• Part III—Review Process/Rating

Criteria.

Part I—Application Process

A. Eligible Applicants

ACWIA, as amended, specifies that

grant funds may be used only to carry

out a strategy that would otherwise not

be eligible for funds provided under

provisions establishing the Local Boardbased grant, due to barriers in meeting

those partnership eligibility criteria, on

a national, multi-state, regional, or rural

area (such as rural telework programs)

basis. Such barriers might include the

nationwide, regional or multi-state

nature of the applicant firms’ business

or training needs or labor-management

partnerships; a dispersed client base

such as rural or other special

populations; the use of a geographically

dispersed network of education

providers or innovative dispersed

training methodologies (such as rural

telework).

The applicant’s proposal is expected

to provide a detailed discussion of

participating organizations’ respective

responsibilities. As required by ACWIA,

ETA will give consideration in awarding

grants to any proposal that demonstrates

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 (which ACWIA defines as 100

employees or less) or with a labormanagement training program or

project. The need for training shall be

justified through reliable regional, state

or local data.

The application must clearly identify

the applicant (or the fiscal agent), the

grant recipient (and/or fiscal agent), and

describe its capacity to administer this

project. The fiscal agent may be one of

the partner businesses, a businessrelated nonprofit organization, an

educational institution, labor union,

community-based organization (which

may be faith-based), Local Board or

related unit of state or local government.

Part III of this announcement

enumerates and defines in depth a

series of criteria that will be utilized to

rate applicant submissions. Briefly,

these criteria are:

I. Statement of Need

II. Service Delivery Strategy

III. Target Population

IV. Sustainability

V. Linkages with Key Partners

VI. Outcomes

VII. Cost Effectiveness

B. Submission of Proposals

Applicants must submit one original

and two copies of their proposal. The

proposal must consist of two (2)

separate and distinct parts, Parts I and

II.

Part I of the proposal must contain the

Standard Form (SF) 424, ‘‘Application

for Federal Assistance’’ (Appendix C)

and the Budget Information Form

(Appendix D). Upon confirmation of an

award, the individual signing the SF

424 on behalf of the applicant shall

represent the responsible financial and

administrative entity.

In preparing the Budget Information

form, the applicant must provide a

concise narrative explanation to support

the request. The statutory language of

ACWIA, is specific in stating that grant

resources are to be expended for

programs or projects to provide

technical skills training. The

administrative costs are limited to no

more than 10 percent of the request and

must clearly support the goals of the

project. An illustrative, but not

Federal Register / Vol. 66, No. 241 / Friday, December 14, 2001 / Notices 64861

exclusive, list of allowable and allocable

types of administrative costs are

provided in the WIA regulations at 20

CFR 667.200. Equipment purchases

shall be limited to no more than the

amount allocated for start-up costs. The

budget narrative should discuss

precisely how the administrative costs

support the project goals.

ACWIA, limits the amount of start-up

costs of partnerships or new training

projects which may be charged to these

grants (29 U.S.C. 2916a(3)). Except for

partnerships of small businesses (100

employees or less), the limit is five

percent of any single grant or costs not

to exceed $75,000, whichever is less.

For partnerships consisting primarily of

small businesses (100 employees or

less), the limit is ten percent of any

single grant or a maximum of $150,000,

whichever is less.

Part II must contain a technical

proposal that demonstrates the

Applicant’s capabilities in accordance

with the Statement of Work. A technical

proposal of the grant application is

limited to 25 double-spaced, singlesided, 8.5 inch x 11 inch pages with 1-

inch margins. Text type shall be 11

point or larger. The Applicant may

provide resumes, a staffing pattern,

statistical information and related

material in attachments which may not

exceed 15 pages. Although not required,

letters of commitment from partners or

from those providing matching

resources may be submitted as

attachments. Such letters will count

against the allowable maximum page

total. The applicant must briefly itemize

those participating entities in the text of

the proposal. Applications that do not

meet these requirements will not be

considered. Each application must

include a Time Line outlining project

activities and an Executive Summary

that is not to exceed two pages. The

Time Line and the Executive Summary

do not count against the 25 page limit.

No cost data or reference to prices

should be included in the technical

proposal.

Grantee organizations will be subject

to: ACWIA, these guidelines; the terms

and the conditions of the grant and any

subsequent modifications; applicable

Federal laws (including provisions in

appropriations law); all applicable

requirements under H–1B Technical

Skills Training Grants announced in the

Federal Register on April 13, 2001 (66

FR 19209).

In addition, the grantee must ensure

that each individual participating in this

program has not violated section 3 of

the Military Selective Service Act (50

U.S.C. App. 453) by not presenting and

submitting to registration as required

pursuant to such section.

Under section 18 of the Lobbying

Disclosure Act of 1995 (2 U.S.C. 1611),

an organization described in section

501(c)(4) of the Internal Revenue Code

of 1986 that engages in lobbying

activities will not be eligible for the

receipt of federal funds constituting an

award, grant, or loan.

Note: Except as specifically provided in

this solicitation, DOL/ETA’s acceptance of a

proposal and an award of federal funds to

sponsor any program(s) does not provide a

waiver of any grant requirements and/or

procedures. For example, applicable OMB

Circulars require, and applicant and

subapplicant procurement procedure(s) must

require, that all procurement transactions are

conducted, as much as practical, to provide

open and free competition. If a proposal

identifies a specific entity to provide

services, the DOL/ETA’s award does not

provide the justification or basis to solesource the procurement, i.e., it does not

authorize the applicant to avoid competition

when procuring these services.

C. Hand Delivered Proposals

If proposals are hand delivered, they

must be received at the address

identified above by February 12, 2002,

at 4 p.m., Eastern Time. All overnight

mail will be considered to be hand

delivered and must be received at the

designated place by 2:00 p.m., on the

specified closing date. Telegraphed and/

or faxed proposals will not be accepted.

Failure to adhere to the above

instructions will be a basis for a

determination of nonresponsiveness.

D. Late Proposals

A proposal received at the designated

office after the exact time specified for

receipt will not be considered unless it

is received before award is made and it:

1. Was sent by registered or certified

mail not later than the fifth calendar day

before the date specified for receipt of

applications (e.g., a proposal submitted

in response to a solicitation requiring

receipt of applications by the 19th of the

month must be mailed by the 14th);

2. Was sent by U.S. Postal Service

Express Mail Next Day Service, Post

Office to addressee, not later than 5 p.m.

at the place of mailing two working days

prior to the date specified for proposals.

The term ‘‘working days’’ excludes

weekends and U.S. Federal holidays.

The only acceptable evidence that an

application was sent in accordance with

these requirements is a printed,

stamped, or otherwise placed

impression (exclusive of a postage meter

machine impression) that is readily

identifiable without further action as

having been supplied or affixed on the

date of mailing by employees of the U.S.

Postal Service.

E. Period of Performance

The initial period of performance will

be 24 months from the date of execution

of the grant documents. It is anticipated

that about $20 million will be disbursed

under this announcement. U.S.

Department of Labor may extend these

grants for an additional period not to

exceed 12 months, with or without

additional funding, based on the

availability of funds and successful

program operation.

F. Definitions for Purposes of This

Solicitation

Technical skills training may be

generally defined as the Atraining

services’ described in section

134(d)(4)(D) of WIA (29 U.S.C.

2864(d)(4)(D)). The H–1B Technical

Skills Training Grant emphasizes

training in high-demand, high-level

skills to individuals where there is a

shortage of qualified workers. Training

may include a combination of academic

and work-place learning, including onthe-job training, and instruction, as well

as customized training to meet the

needs of individual participants and/or

the needs of individual employers.

Customized training that is developed

in partnership with an employer (or

group of employers) must be

accompanied by an employer=s

commitment to hire those trainees upon

successful completion of the training.

Training may be provided to American

citizens and nationals and immigrants

authorized by the Attorney General to

work in the United States, which

includes lawfully admitted permanent

resident aliens, refugees, asylees, and

parolees, and other immigrants

authorized by the Attorney General to

work in the United States. Note that

workers admitted under non-immigrant

visas, such as the H–1B program and

related programs, are not eligible for

training with these grant funds.

Region may be defined as an area

which exhibits a commonality of

economic interest. A region may be

comprised of more than one labor

market area or be one large labor market,

one labor market area joined together

with adjacent rural districts, special

purpose districts, and contiguous and

non-contiguous Local Boards. A region

may be either intrastate or interstate,

and may be identical to the boundry of

a single Local Board.

Career Ladders may generally be

defined as a system of career options

which encourage opportunities for

professional growth and upward

mobility.

64862 Federal Register / Vol. 66, No. 241 / Friday, December 14, 2001 / Notices

Older Workers are those who meet the

age standard prescribed in the Older

Americans Act (42 USC 3056)—fifty five

years or older—who are seeking fulltime employment.

G. Matching Funds

Applicants must demonstrate the

ability to obtain resources equivalent to

at least 100 percent of the grant award

amount as a match. Additionally, at

least 50 percent of the match must be

from the businesses or business related

non-profit involved. This statutory

match may be provided in cash or inkind contributions. Federal resources

may not be counted against the

matching requirement. The provision of

essential capital equipment, such as

computers and furniture, is allowed as

part of the match. The match may also

include supportive services not paid for

with federal funds. The amount and

nature of the match must be clearly

described in the application.

The 100 percent matching

requirement is designed to assist

grantees in initiating sustainability for

the proposed project. The Department is

particularly interested that the

applicants demonstrate clear evidence

that matching resources will sustain

training activities after the expiration of

the grant. Although matches may be

one-time occurrences, applicants are

encouraged to seek partnerships that

reflect a commitment, financially and

non-financially, to the future success of

the proposed program.

Part II—Statement of Work/Reporting

Requirements

A. Principles

Five basic key principles underlie this

effort:

Partnership Sustainability: The

primary focus of these awards is

technical skills training. The statutory

100 percent non-Federal matching

requirement is an integral part of

ensuring sustainability because the

matching resources are expected to help

extend the skills shortages training

effort beyond the term of the grant. The

requirement that at least one-half of the

matching funds must come from the

business sector partners is designed to

ensure the direct and active

participation of employers whose labor

needs can be filled by this program.

This partnership sustainability concept

relates to two rating criteria: Links with

Key Partners and Sustainability (the

resources each partner offers and the

role of external resources in building the

foundation for a permanent

partnership).

Current Skills Gap: Access to training

to fill current local or regional skills

shortages is the immediate focus of this

initiative. Training investments should

be targeted in occupational areas that

have been identified on the basis of H–

1B occupations as skills shortage areas.

This key principle relates to two

criteria: Statement of Need and Service

Delivery Strategy (the innovative

manner in which skills training will

meet the skill needs of the region.)

Innovative and Effective Tools: The

grantees will use innovative or proven

tools and approaches, that may include

on-the-job training, to close particular

skills gaps and provide strategies for

training that promote regional

development. This principle relates to

two criteria: Service Delivery Strategy in

which innovation is encouraged, and

Cost Effectiveness. Innovative training

programs may result in better

employment outcomes and higher levels

of skill achieved by those participants

for the same cost.

Target Population: Technical skills

training under ACWIA, as amended, is

geared towards employed and

unemployed workers who can be

trained and placed directly in highly

skilled H–1B occupations (See

Attachment B for examples of these

occupations). Training may be provided

to American citizens and nationals and

immigrants authorized by the Attorney

General to work in the United States,

which includes lawfully admitted

permanent resident aliens, refugees,

asylees, and parolees, and other

immigrants authorized by the Attorney

General. Note that workers admitted

under non-immigrant visas, such as the

H–1B program and related programs, are

not eligible for training with grant

funds. Up to 5 additional points will be

awarded for special efforts to include

outreach to target women, minorities,

persons with disabilities, older workers,

and workers in rural areas. This key

principle is related to the Target

Population rating criterion.

Career Ladders: Employees at the H–

1B skills level are generally

characterized as having a Bachelor=s

degree or comparable work experience.

H–1B technical skills training is targeted

to but not limited to skills levels

commensurate with a 4-year degree. The

training may prepare workers for a

broad range of positions along a career

ladder. ACareer ladder’’ may generally

be defined as a system of career options

which encourage opportunities for

professional growth and upward

mobility. The technical skills training

can include a broad range of positions

along a career ladder that eventually

lead to a high skills level job. Thus,

potential trainees are not required to

enter training with a 4-year degree.

Additionally, trainees are not expected

to acquire a 4-year degree to be

successful. Career ladders create

opportunities for individuals who may

vary in experience and education levels

(such as vocational training and

Associates= degrees) to advance along a

career ladder and qualify for H–1B

related occupations.

B. Skills Shortages

Section 414(c) of ACWIA, as amended

(29 USC 2916a0, mandates that the

grants awarded under this authority be

used for technical skills training to

employed and unemployed workers.

The basis of the funding for the grants

is a user fee paid with the H–1B visa

application by an employer seeking

highly-skilled personnel to fill high-skill

shortages in American industries.

Training must focus on occupations that

are experiencing skills shortage in the

domestic job market. The long-term goal

of the program is to train American

workers in the necessary/appropriate

skills to fill shortages in highly skilled

industries.

C. Skills Standards

Skills standards represent a

benchmark by which an individual’s

achieved competence can be measured.

Work in this area has been performed by

private industry and trade associations,

registered apprenticeship training

systems, and public and private

partnerships (including the Job Corps).

Well-defined skills standards can be

useful tools in matching training goals

to targeted occupational areas.

Applicants are encouraged to survey the

progress to date in developing

occupational skills standards in their

communities, such as establishing a

clearly defined set of expectations for

the requisite capabilities of workers.

As noted earlier, the definition of the

minimum proficiency level required to

be considered an H–1B occupation,

contained in section 214(i), of the

Immigration and Naturalization Act

(INA) (USC 1184(i)), speaks to a very

high skills level for these ‘‘specialty

occupations.’’ These are occupations

that require ‘‘theoretical and practical

application of a body of highly

specialized knowledge,’’ and full state

licensure to practice in the occupation

(if it is required). These occupations

also must require either completion of at

least a bachelor’s degree or experience

in the specialty equivalent to the

completion of such degree and

recognition of expertise in the specialty

through progressively responsible

positions relating to the specialty.

Federal Register / Vol. 66, No. 241 / Friday, December 14, 2001 / Notices 64863

D. Regional Planning

As applicable, applicants must

describe the local area or region that

will be served with particular emphasis

on its skills shortages. The proposal also

must identify the governmental

jurisdictions to be included and provide

an enumeration of the specific local

areas that are served under WIA.

Although comprehensive occupational

vacancy data are unavailable, current

H–1B applicant data should be utilized

to the extent feasible to describe

occupational shortages. Attachment B to

this solicitation is a listing by

occupations for which H–1B visas are

being sought as shown by the most

current H–1B applicant data. Requests

for H–1B visas for the applicant’s region

may reflect a skills shortage of those

occupations, as well.

Applicants are encouraged to utilize

all available state and local data,

including that provided by area

businesses and business associations, in

making determinations of regional

shortages. Applicants are encouraged to

analyze data made available by their

state labor market information (LMI)

organization, the Bureau of Labor

Statistics (BLS), and through the local

One-Stop delivery system,

www.servicelocator.org.

E. Service Delivery and Supportive

Services

Applicants should carefully describe

the skills training that will be provided

under the grant in the context of the

goals that are to be achieved by

participants. ACWIA, states that

consideration will be given to

applicants who commit to provide at

least one of three target outcomes for

participants who complete training.

These outcomes are the hiring or

effecuate the hiring of unemployed

trainees, increased wages or salaries of

employed workers, and receipt of skill

certificates documenting skills

acquisition or a link to industry

accepted occupational skill standards,

certificates, or licensing requirements

(29 U.S.C. 2916a(4)(A)).

ACWIA, requires that at least 80

percent of grants be awarded to projects

which target occupations in high

technology, information technology and

biotechnology. For example, this

includes skills needed in 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. Not more than

20 percent of the available funds may be

awarded for training in any single

specialty occupation, as defined by

section 214(i) of the Immigration and

Nationalization Act (8 U.S.C. 1184(i)). A

response to the Statement of Work

criterion should provide a detailed

discussion of the kinds of training to be

provided and the mechanisms to be

used to provide it. Applicants must

include in their work statement a

discussion of the types of skills training

being provided, the targeted skills

levels, how the skills will be measured,

and how skills shortages in the local

area or region will be met through this

training.

Grant funds may not be used to

provide supportive services. However,

applicants may need to make a range of

supportive services available to enhance

the quality and effectiveness of the skill

training provided under the grant.

Appropriately focused services, as

defined by section 101(46) of WIA (29

U.S.C. 2801(46))—such as transportation

or childcare—are considered as

important enhancements to the

technical skills training package. In

order to provide a full range of

supportive services, applicants may

build linkages to the One-Stop Career

Center network. Successful applicants

are encouraged to leverage such Federal

resources as part of making the

technical skills training project more

effective. Applicants are also

encouraged to use their own non-federal

funds to provide supportive services as

part of the matching requirement or

leveraged Federal resources from other

sources. Additional federal resources

cannot be counted toward the matching

requirement.

Where possible, applicants are

encouraged to form partnerships with

local Workforce Investment Boards

(‘‘Local Boards’’). WIA requires Local

Boards to prepare a strategic workforce

investment plan for the areas that they

embrace. Local Boards also designate

One-Stop service center operators (Local

Boards don’t select eligible training

providers). In short, Local Boards

already are engaged in much of the

necessary work that could provide a

solid foundation for the training

activities to be undertaken under

ACWIA, as amended.

F. Reporting Requirements

The grantee is required to provide the

reports and documents listed below:

• Quarterly Financial Reports. The

grantee must submit to the Grant

Officer’s Technical Representative

(GOTR) within the 30 days following

each quarter, two copies of a quarterly

Financial Status Report (Standard Form

269) until such time as all funds have

been expended or the period of

availability has expired.

• Progress Reports. The grantee must

submit a narrative with the quarterly

reports to the GOTR within the 30 days

following each quarter. Two copies are

to be submitted providing a detailed

account of activities undertaken during

that quarter including:

1. A discussion of the occupational

areas for which skills training is being

provided;

2. The number of individuals

currently in training, the number who

have successfully completed training

and the number who are unsuccessful or

who have dropped out of training;

3. Job placements in skills shortage

occupations of unemployed workers;

4. Wage increases in skills shortage

occupations of employed workers;

a. Number of skill certifications

received or training completions to

industry accepted occupational skill

standards, certifications or licensing

requirements; and

b. An indication of any current

problems which may affect performance

and proposed corrective action.

• Final Report. A draft final report

which summarizes project activities and

employment outcomes and related

results of the demonstration must be

submitted no later than the expiration

date of the grant. One original and two

copies of the final report must be

submitted no later than 60 days after the

grant expiration date.

G. Evaluation

As required by ACWIA, as amended,

applications must include an agreement

that the program or project shall be

subject to evaluation (or evaluations) by

the Secretary of Labor to measure their

effectiveness. To learn from these skill

training grants, ETA will arrange for or

conduct an independent evaluation of

the outcomes, impacts, and benefits of

the demonstration projects. Evaluation

findings will help ETA identify

promising practices and approaches that

will be disseminated throughout the

publicly-funded workforce system.

Grantees must agree to make records on

participants, employers and funding

available and to provide access to

program operating personnel and to

participants, as specified by the

evaluator(s) under the direction of ETA,

including after the period of operation.

Part III—Review Process & Rating

Criteria

A careful evaluation of applications

will be made by a technical review

panel who will evaluate the

applications against the criteria listed

64864 Federal Register / Vol. 66, No. 241 / Friday, December 14, 2001 / Notices

below. The panel results are advisory in

nature and not binding on the Grant

Officer. The Government may elect to

award the grant with or without

discussions with the offeror. In

situations without discussions, an

award will be based on the offeror’s

signature on the (SF) 424, which

constitutes a binding offer. In making

her determination, the Grant Officer

may consider any relevant information

that comes to her attention. The Grant

Officer will make final award decisions

based upon what is most advantageous

to the Federal Government in terms of

geographical mix, technical quality and

other factors.

1. Statement of Need (15 points)

ACWIA, as amended, is a response to

skills shortages around the country in

specific occupations. The most recent

H–1B application data are provided as

Attachment B to this solicitation.

Applicants should clearly describe the

local area or region for which services

are to be provided and the skills

shortages prevalent in the region.

ACWIA, as amended, specifies that

grant funds may be used only to carry

out a strategy that would otherwise not

be eligible for funds provided under the

Local Workforce Investment Board

based grant, due to barriers in meeting

those partnership eligibility criteria, on

a national, multi-state, regional, or rural

area (such as rural telework programs)

basis. These barriers must be specified

here. The applicant must provide

sufficient detail on such barriers to

justify why application is not made on

a local basis through a Local Board.

Failure to adequately fulfill this

criterion will result in disqualification

of the application.

The applicant is encouraged to utilize

all available data resources to assure

that its description of need is relevant

to local labor market shortages, as

applicable to the business partnership

or business-related nonprofit.

Establishing viable partnerships are

essential. In responding to this criterion,

applicants can make use of information

that can include, but is not limited to,

state labor market information, H–1B

applications, census data, newspaper

want ads, expressed employer hiring

demands, and information from the

One-Stop system. Descriptive items

about the local area or region, such as

whether it is rural or urban, should be

included. (What high technology needs

and opportunities exist in the region?

What are the particular characteristics of

the local political, economic and

administrative jurisdictions—Local

Boards, labor market areas, or special

district authorities—that led them to

associate for the purpose of this

application?)

A general description of the local area

or region should include socioeconomic

data, with a particular focus on the

general education and skills level

prevalent in the area. Applicants are

encouraged to include information such

as transportation patterns, and statistical

and demographic information (e.g., age

and income data). Other germane

information that will provide greater

depth of description include:

• What is the general business

environment.

• What industries and occupations

are growing and declining.

• What types of skills are being

sought in the local area or region by the

major employers in general, and the

partnership member companies, in

particular.

2. Service Delivery Strategy (25 points)

Applicants must lay out a

comprehensive strategy for providing

the technical skills training that is

mandated as the core activity of these

grant awards. A brief discussion of the

impact of skills training in response to

the identified skills shortages of the

region should be included. Specific

issues that must be addressed as part of

this section include:

• The range of potential training

providers, the types of skills training

that will be offered, how the training

will meet the local area or regional skills

needs, and how the training will be

provided.

• What steps will be taken to reach

out to potential community(ies) to

provide information about the project

and planned training activities.

• How will the types of training

planned for project participants be

determined.

We encourage applicants to be

innovative in the training services they

provide. Innovation in the context of

service delivery can represent a wide

variety of items. Innovation may be

implemented in the manner in which

training services are provided—e.g.,

new partnerships to provide or

participate in training, use of technology

(such as distance learning to provide

instruction, interactive video selfinstructional materials), and flexible

class scheduling (sections of the same

class scheduled at different times of the

day to accommodate workers whose

schedules fluctuate). Creativity in

developing the service strategy also is

encouraged.

3. Target Population (10 points, 5 bonus

points)

The eligibility criteria for skills

training enumerated in ACWIA 2000 are

extremely broad and include employed

and unemployed workers. Training may

be provided to American citizens and

nationals and to immigrants authorized

by the Attorney General to work in the

United States, which includes lawfully

admitted permanent resident aliens,

refugees, asylees, and parolees, and

other immigrants authorized by the

Attorney General. Note that workers

admitted under non-immigrant visas,

such as H–1B and related programs, are

not eligible for training with these grant

funds. This section should clearly

identify the targeted workers, including

their characteristics, and explain why

they are targeted. A discussion of what

assessment procedures are to be used is

critical. The applicant should address

some specific issues relating to the

target employed worker population such

as:

• How many employed workers will

be targeted for services and why.

• The technical skills training needs

of those workers to fulfill skills shortage

occupations.

• The selection process for workers,

both employed and unemployed, should

be carefully described to make it clear

how those individuals will be

determined to possess the capacity after

the completion of training to accept jobs

that previously were filled via the H–1B

visa process. In the case of unemployed

workers, an extensive discussion of the

criteria to be used to assess and enroll

individuals should be included.

• The applicant should describe the

outreach methods to target minorities,

women, individuals with disabilities,

older workers, and individuals in rural

areas. Applicants who effectively target

such workers will be awarded up to 5

additional points.

4. Sustainability (10 points)

Applicants must demonstrate a

statutory 100 percent match to the

resources for proposed projects. At least

one-half of these funds must come from

the business partners or business-related

nonprofit organizations involved.

Matches may either be in cash or inkind contributions. Federal resources

may not be counted against the

matching requirement. Applicants must

describe to what extent the partners are

providing matching funds or services

and how this contribution assists in

building the foundation for a permanent

partnership, i.e., sustainability.

Partnerships and matching resources are

considered an integral element of the

Federal Register / Vol. 66, No. 241 / Friday, December 14, 2001 / Notices 64865

project, as they support and strengthen

the quality of the technical skills

training provided and contribute

materially toward sustainability.

We encourage applicants to give

preference for identifying other

resources both Federal and non-Federal,

because they can contribute materially

toward quality outcomes and

sustainability. (Note that although

Federal resources may not be counted as

match, they may be counted to

demonstrate the project sustainability.)

Applicants are also encouraged to

establish relationships with State and

Local Workforce Investment Boards and

relevant state agencies, as they may

provide valuable assistance and

resources that can contribute to the

success and sustainability of a proposed

project. Applicants should enumerate

these resources in this section to

support their discussion of

sustainability and also describe any

specific existing contractual

commitments. The sustainability issue

can be addressed by providing concrete

evidence that activities supported by the

proposal will be continued after the

expiration date of the grant by using

other public or private resources.

5. Linkages With Key Partners (15

points)

The applicant should identify the

partners and how they will interact

together, i.e., what role each will play

and what resources each partner will

offer. In particular, this section should

identify partnerships with the private

and public sectors, including ties with

small and medium-sized businesses and

small business federations. The Service

Delivery Strategy section of the

Statement of Work describes the role of

each of the actors in delivering the

proposed services, while this section is

intended to look at the linkages from a

more structural perspective with

particular emphasis on the employers in

the consortium that are experiencing

skills shortages and how the proposal

will train participants to meet

employers’ needs.

ETA also is interested in the extent of

the involvement of small businesses in

the partnership. Consideration will be

given to any partnership that involves

and directly benefits more than one

small business (each consisting of 100

employees or less).

6. Outcomes (15 points)

Applicants must describe the

predicted outcomes resulting from this

training. It is estimated that the

projected results will be somewhat

varied given the broad range of people

who will probably be served. For

example, employed workers are more

likely to be trained to achieve a higher

skills level than most unemployed

workers. Participant success can be

determined through placements in H–

1B skills shortage occupations,

increased wages, or skills attainment in

H–1B occupations, or in training for or

placement in positions on a career

ladder toward such skills attainment.

There are, however, unemployed

workers, including dislocated workers

who have been laid off permanently

from their jobs through no fault of their

own, who may well already possess a

very high skills level. They could

receive additional technical skills

training to enhance their skills.

The outcomes for this group may be

projected in terms of gaining new

employment and skills attainment.

Outcomes for employed workers may

be at a somewhat higher level than for

those unemployed workers who do not

possess similar skills at the outset.

Because of the differing skill levels and

backgrounds of participants in an H–1B

training program, the outcomes section

should discuss proposed gains attained

for individual participants in context of

their backgrounds and skill levels when

they entered. Therefore, the focus of the

discussion in this section should

emphasize very specifically the benefits

that occur because of the training. For

example, an applicant might state that a

certain skills level is projected for a

given group and indicate what change

in skills that represents and how that

might translate into an increase in

earnings.

The application must identify the

occupations participants will be trained

in. Please identify each occupation in

terms of skills in high technology,

information technology and

biotechnology, including skills needed

for software and communication

services, telecommunications, systems

installation and integration, computers

and communications hardware,

advanced manufacturing, health care

technology, bio-technology and

biomedical research and manufacturing

and innovation services, or in terms of

other high skilled specialty occupations.

Consideration in the award of grants

will be given to applicants which

commit to achieving one or more of the

following outcome goals upon

successful completion of a training

program:

(1) The hiring of or effecuate the

hiring of unemployed trainees (if

applicable);

(2) Increases in the wages or salaries

of already employed trainees (if

applicable); and

(3) Awards of skills certifications to

trainees or linking the training to

industry-accepted occupational skill

standards, certificates or licensing

requirements.

7. Cost Effectiveness (10 points)

Applicants will provide a detailed

cost proposal, including a discussion of

the expected cost effectiveness of their

proposal in terms of the expected cost

per participant compared to the

expected benefits for these participants.

Applicants should address the

employment outcomes, increased salary,

promotion or retention and the levels of

skills to be achieved (such as attaining

state licensing in an occupation) relative

to the amount of training that the

individual needed to receive to achieve

those outcomes. Benefits can be

described both qualitatively in terms of

skills attained and quantitatively in

terms of wage gains.

Cost effectiveness may be

demonstrated in part by cost per

participant and cost per activity in

relation to services provided and

outcomes to be attained. This section

MUST contain a detailed discussion of

the size, nature, and quality of the nonFederal match. Proposals not presenting

a detailed discussion of the non-Federal

match or not meeting the statutory 100

percent match requirement, or not

demonstrating that businesses or

business-related nonprofit organizations

involved provide at least half the match

will be considered non-responsive and

will not be considered.

The application must specify a

management entity, the resumes of

major staff members and detailed

descriptions of the roles of various

entities participating in the partnership.

Each application MUST designate an

individual who will serve as project

director and who will devote a

substantial portion of his/her time to the

project, which may be defined as at least

40 percent. A short portion of this

discussion should describe the

organizational capacity and track record

in high skill training and related

activities of the primary actors in the

partnership.

Signed in Washington, DC, this 11th day of

December, 2001.

James W. Stockton,

Grant Officer.

Appendix A: Legislative Mandate

Appendix B: Selected H–1B Professional,

Technical and Managerial Occupations,

and Fashion Models: Number of Job

Openings Certified by the U.S.

Department of Labor, Fiscal Year 2000

(Oct. 1, 1999–Feb. 29, 2000)

Appendix C: (SF) 424–Application Form

Appendix D: Budget Information Form

64866 Federal Register / Vol. 66, No. 241 / Friday, December 14, 2001 / Notices

Appendix A. Legislative Mandate

The relevant portions of ACWIA 2000, and

the Immigration and Nationality Act dealing

with the establishment of a fund for

implementing a program of H–1B skill

training grants state:

Immigration and Nationality Act, Section

286(s), (8 U.S.C. 1356(s))—H–1B

NONIMMIGRANT PETITIONER ACCOUNT

(1) IN GENERAL—There is established in

the general fund of the Treasury a separate

account, which shall be known as the ‘‘H–1B

Nonimmigrant Petitioner Account.’’

Notwithstanding any other section of this

title, there shall be deposited as offsetting

receipts into the account all fees collected

under section 214(c)(9) of the Immigration

and Nationality Act (8 U.S.C. 1184 (c)(9)).

(2) USE OF FEE FOR JOB TRAINING—55

percent of amounts deposited into the H–1B

Nonimmigrant Petitioner Account shall

remain available to the Secretary of Labor

until expended for demonstration programs

and projects described in section 414(c) of

the American Competitiveness and

Workforce Improvement Act of 1998 (29

U.S.C. 2916a).

SEC. 414(c) OF ACWIA (29 U.S.C. 2916a)

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 labormanagement training program or project. The

need for the training shall be justified

through reliable regional, State, or local data.

(2) GRANTS.—(A) 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 HB1B 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.

2831(b), 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 publicprivate 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 nonprofit 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 businessrelated 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.

(emphasis added)

(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

(8 U.S.C. 1184(i)).

(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.’’ The

Immigration and Nationality Act

(INA)(section 101(a)(15)( H)(i)(b), 8 U.S.C.

Federal Register / Vol. 66, No. 241 / Friday, December 14, 2001 / Notices 64867

11011(a)(15)(H)(i)(b)) defines the H–1B alien

as one who is coming temporarily to the

United States to perform services in a

specialty occupation or as a fashion model.

The IMMIGRATION AND

NATIONALIZATION ACT (Section 214(i)) 8

U.S.C. 1184(i) defines the term ‘‘specialty

occupation’’ as:

(1)(A) Theoretical and practical application

of a body of highly specialized knowledge

and,

(B) Attainment of a bachelor’s or higher

degree in the specific specialty (or its

equivalent) as a minimum for entry into the

occupation in the United States

(2) For purposes of section

101(a)(15)(H)(i)(b)), the requirements of this

paragraph with respect to a specialty

occupation are—

(A) Full state licensure to practice in the

occupation, if such licensure is required to

practice in the occupation.

(B) Completion of the degree described in

paragraph (1)(B) for the occupation, or

(C)(i) Experience in the specialty

equivalent to the completion of such degree,

and (ii) recognition of expertise in the

specialty through progressively responsible

positions relating to the specialty.

The WORKFORCE INVESTMENT ACT

defines training services (Sec 134(d)(4)(D), 29

U.S.C. 2864(d)(4)(D)

(D) TRAINING SERVICES —Training

services may include—

(i) Occupational skills training, including

training for nontraditional employment;

(ii) On-the-job training;

(iii) Programs that combine workplace

training with related instruction, which may

include cooperative education programs;

(iv) Training programs operated by the

private sector;

(v) Skill upgrading and retraining;

(vi) Entrepreneurial training;

(vii) Job readiness training;

(viii) Adult education and literacy

activities provided in combination with

services described in any of clauses (i)

through (vii); and

(ix) Customized training conducted with a

commitment by an employer or group of

employers to employ an individual upon

successful completion of the training.

WIA prohibits discrimination against

certain non-citizens in the provision of

services, including the demonstration grant

program under which this program is

conducted. (Sec 188(a)(5), 29 U.S.C.

2938(a)(5):

Participation in programs and activities or

receiving funds under this title shall be

available to citizens and nationals of the

United States, lawfully admitted permanent

resident aliens, refugees, asylees, and

parolees, and other immigrants authorized by

the Attorney General to work in the United

States.

WIA also specifies that participants

comply with the Military Selective Service

Act. (Sec. 189, (h), 29 U.S.C. 2939):

The Secretary shall ensure that each

individual participating in any program or

activity established under this title (Title I of

the Workforce Investment Act), or receiving

any assistance or benefit under this title, has

not violated section 3 of the Military

Selective Service Act (50 U.S.C. App. 453) by

not presenting and submitting to registration

as required pursuant to such section. The

Director of the Selective Service System shall

cooperate with the Secretary to enable the

Secretary to carry out this subsection.

Appendix B

H–1B PROGRAM—SUMMARY DATA FY ’92–FY ’00

Number of

LCA’s 1

certified

Number of job

openings certified 2

FY ’92 .................................................................................................................................................................. 43,808 120,776

FY ’93 .................................................................................................................................................................. 62,285

(+42.2%)

127,652

(+5.7%)

FY ’94 .................................................................................................................................................................. 84,898

(+36.3%)

270,014

(+111.5%)

FY ’95 .................................................................................................................................................................. 97,040

(+14.3%)

312,563

(+15.8%)

FY ’96 .................................................................................................................................................................. 120,512

(+24.2%)

246,725

(¥21.1%)

FY ’97 .................................................................................................................................................................. 162,363

(+34.7%)

398,324

(+61.4%)

FY ’98 .................................................................................................................................................................. 208,156

(+28.2%)

591,635

(+48.5%)

FY ’99 .................................................................................................................................................................. 275,244

(+32.2%)

1,207,874

(+104.2%)

FY ’00 .................................................................................................................................................................. 332,545

(+10.1%)

1,187,053

(¥1.7%)

1 Labor Certified Applicants.

2 Note that while there is generally a 195,000 limit on the number of visas which may be issued each fiscal year, there is no corresponding

limit on the number of job openings which may be certified by the Department.

TOP 10 OCCUPATIONAL

CLASSIFICATIONS IN FY ’00

Number

of openings certifiedPercent

of total

1. Computer-related 3 852,657 71.8

2. Accountants/Auditors ........................ 46,375 3.9

3. Electrical/Electron

Eng. ....................... 41,071 3.5

4. Other Architecture,

Engineering & Surveying .................... 26,634 2.2

5. College/University

Faculty ................... 18,164 1.5

TOP 10 OCCUPATIONAL CLASSIFICATIONS IN FY ’00—Continued

Number

of openings certifiedPercent

of total

6. Miscellaneous

Managers .............. 16,990 1.4

7. Budget & Management System Analyst ......................... 15,117 1.3

8. Physicians & Surgeons .................... 13,700 1.2

9. Mis. Professional,

Tech. & Manag.

Occ. ....................... 13,426 1.1

TOP 10 OCCUPATIONAL CLASSIFICATIONS IN FY ’00—Continued

Number

of openings certifiedPercent

of total

10. Economists ......... 13,171 1.1

Total Top 10 ...... 1,057,305 89.1

Other Occupations ............... 129,748 10.9

3Occupations in: Systems Analysis/Programming; Computer Systems Technical Support, Data Communications and Networks;

Computer System User Support; and other

Computer-related.

64868 Federal Register / Vol. 66, No. 241 / Friday, December 14, 2001 / Notices

TOP 10 OCCUPATIONAL

CLASSIFICATIONS IN FY ’99

Number

of openings certifiedPercent

of total

1. Computer-related .. 579,631 48.0

2. Therapists ............. 311,411 25.8

3. Accountants/Auditors ........................ 58,831 4.9

4. Other Administrative ......................... 38,320 3.2

5. Electrical/Electron

Eng. ....................... 26,947 2.2

6. Other Architecture,

Engineering & Surveying .................... 19,404 1.6

7. Physicians & Surgeons .................... 16,695 1.4

8. College/University

Faculty ................... 14,962 1.2

9. Mis. Managers and

Officials ................. 13,048 1.1

10. Mis. Professional,

Tech. & Mana.

Occ. ....................... 11,636 1.0

Total Top 10 ...... 1,090,885 90.3

Other Occupations .... 116,989 9.7

TOP 10 OCCUPATIONAL

CLASSIFICATIONS IN FY ’98

Number

of openings certifiedPercent

of Total

1. Computer-related .. 340,231 57.5

2. Therapists ............. 80,605 13.6

3. Accountants/Auditors ........................ 42,713 7.2

4. Electrical/Electron

Eng. ....................... 16,640 2.8

5. Other Architecture,

Engineering & Surveying .................... 8,605 1.5

6. Physicians/Surgeons .................... 7,941 1.3

7. Mis. Professional,

Tech. & Mana.

Occ. ....................... 7,827 1.3

8. College/University

Faculty ................... 7,721 1.3

TOP 10 OCCUPATIONAL CLASSIFICATIONS IN FY ’98—Continued

Number

of openings certifiedPercent

of Total

9. Mechanical Engineers ..................... 5,994 1.0

10. Economist ........... 5,343 0.9

Total Top 10 ...... 523,620 88.5

Other Occupations .... 68,015 11.5

TOP 10 OCCUPATIONAL

CLASSIFICATIONS IN FY ’97

Number

of openings certified

Percent

of

Total

1. Computer related ........ 177,034 44.4

2. Therapists ................... 103,097 25.9

3. Electrical/Electron

Eng. ............................. 12,366 3.1

4. Accountants/Auditors .. 9,865 2.5

5. University Faculty ....... 8,052 2.0

6. Physicians/Surgeons .. 7,360 1.8

7. Other Architecture, Engineering & Surveying 6,488 1.6

8. Mechanical Engineers 5,585 1.4

9. Miscellaneous Occup. 5,427 1.4

10. Economists ............... 4,677 1.1

Total Top 10 ............ 335,057 84.1

Other Occupations .......... 63,267 15.9

TOP 10 OCCUPATIONAL

CLASSIFICATIONS IN FY ’96

Number

of openings certifiedPercent

of Total

1. Computer-related .. 102,422 41.5

2. Therapists ............. 48,154 19.5

3. Other Medicine/

Health .................... 12,010 4.9

4. College/University

Faculty ................... 7,070 2.9

5. Registered Nurses 6,117 2.5

TOP 10 OCCUPATIONAL CLASSIFICATIONS IN FY ’96—Continued

Number

of openings certifiedPercent

of Total

6. Accountants/Auditors ........................ 6,040 2.4

7. Physicians/Surgeons .................... 5,796 2.3

8. Miscellaneous

Occup. ................... 4,389 1.8

9. Mechanical Engineering .................. 4,112 1.7

Other Architecture,

Engineering & Surveying .................... 3,774 1.5

Total Top 10 ...... 199,884 81.0

Other Occupations .... 46,841 19.0

TOP 10 OCCUPATIONAL

CLASSIFICATIONS IN FY ’95

Number

of openings CertifiedPercent

of Total

1. Therapists ............. 167,209 53.5

2. Computer-related .. 79,921 25.6

3. College/University

Faculty ................... 6,478 2.1

4. Physicians/Surgeons .................... 5,629 1.8

5. Accountants/Auditors ........................ 4,757 1.5

6. Miscellaneous

Occup. ................... 3,703 1.2

7. Other Medicine/

Health .................... 3,345 1.1

8. Other Architecture,

Engineering & Surveying .................... 3,318 1.1

9. Mechanical Engineering .................. 3,149 1.0

10. Biological

Sciences ................ 2,710 .9

Total Top 10 ...... 280,219 89.7

Other Occupations .... 32,344 10.3

BILLING CODE 4510–30–P

Federal Register / Vol. 66, No. 241 / Friday, December 14, 2001 / Notices 64869

64870 Federal Register / Vol. 66, No. 241 / Friday, December 14, 2001 / Notices

Federal Register / Vol. 66, No. 241 / Friday, December 14, 2001 / Notices 64871

64872 Federal Register / Vol. 66, No. 241 / Friday, December 14, 2001 / Notices

BILLING CODE 4510–30–C

[FR Doc. 01–30922 Filed 12–13–01; 8:45 am]

BILLING CODE 4510–30–P