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National Training Council (Amendment) Act 2015

NITIJELA OF THE REPUBLIC OF THE MARSHALL ISLANDS

36^TH CONSTITUTIONAL REGULAR SESSION, 2015

BILL NO.: 78ND3

P.L. 2015 - 47

NATIONAL TRAINING COUNCIL (AMENDMENT) ACT 2015

AN ACT

To amend Title 14 of the MIRC, Chapter 6, National Training Council Act of 1991, in order to transfer and place the ministerial responsibilities of the National Training Council (NTC) in the Office of the Minister of Education; to replace and renew the membership of the National Training Council Board of Directors as necessary to ensure effectiveness and efficiency to carry out the functions of the Council; and to facilitate the recommendations as outlined in the RMI Technical-Vocational Education and Training (TVET) Strategic Plan which includes among others the creation of the NTC Employment/One-Stop Center and any other related matters.

BE IT ENACTED BY THE NITIJELA OF THE REPUBLIC OF THE MARSHALL ISLANDS:

Section 1. Short Title.

This Act may be cited as National Training Council (Amendment) Act, 2015.

Section 2. Amendments.

(1) Section 605 of the Principal Act is amended by inserting a new subsection to read as follows:

"§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) two (2) members from the general public, who shall be appointed by the Minister of Education, as follows:

(i) one representing employers;

(ii) one representing employees;

(f) 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.

(2) Section 607 of the Principal Act is amended as follows:

"§607. Functions of Council.

The functions of the Council are:

(a) 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;

(b) 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;

(c) to conduct periodic surveys of private sector employers to identify the training needs and skills gaps of industries and businesses in the Marshall Islands;

(d) 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;

(e) to establish industry-aligned standards for selected occupational training courses and oversee the testing of trainees who complete these courses;

(f) to establish a National system of trades certification and credentialing appropriate to the local economic context;

(g) to implement and oversee a Marshall Islands apprenticeship program and facilitate residents' participation in U.S. and other international apprenticeship programs;

(h) 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;

(i) 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;

(j) 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;

(l) to enter into any contracts necessary to carry out its functions under this Chapter;

(m) to submit an annual Report to the Nitijela in accordance with Section 608

(n) 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."

(3) Sections 610 of the Principal Act is amend as follows:

"§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."

(4) Sections 611 of the Principal Act is amend as follows:

"§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."

(5) Sections 612of the Principal Act is amend as follows:

"§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) location and duration of training;

(b) curriculum content;

(c) learning objectives;

(d) trainer qualifications;

(e) facilities and equipment;

(f) number, age, and gender of trainees;

(g) evidence of employer demand and placement prospects;

(h) allowable costs;

(i) required reports to the Council; and

(j) payment schedule."

(6) Sections 613of the Principal Act is amend as follows:

"§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."

(7) Sections 613of the Principal Act is amend by inserting a new section 613A as follows:

"Section 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) responsibilities and obligations of employers, apprentices, and the Council in conducting apprenticeship programs, and (iii) testing and certification of apprentices."

(8) The reference to "President" in this Chapter is hereby replaced with the "Minister of Education". Any reference to "President" thereinafter, shall deem to mean "Minister of Education."

Section 3. Effective Date

This Act shall take effect in accordance with the Constitution and the Rules of Procedures of the Nitijela.

____________________________

CERTIFICATE

I hereby certify:

1. That Nitijela Bill No.78ND3 was passed by the Nitijela of the Republic of the Marshall Islands on the 29^th day of September, 2015; and

2. That I am satisfied that Nitijela Bill No.78ND3 was passed in accordance with the relevant provisions of the Constitution of the Republic of the Marshall Islands and the Rules of Procedures of the Nitijela.

I hereby place my signature before the Clerk this 19^th day of October 2015.