§ 3171. General authorization

§ 3171. General authorization

The Secretary shall make allotments under paragraphs (1)(B) and (2)(B) of section 3172(b) of this title to each State that meets the requirements of section 3112 or 3113 of this title and grants under paragraphs (1)(A) and (2)(A) of section 3172(b) of this title to each outlying area that complies with the requirements of this subchapter, to assist the State or outlying area, and to enable the State or outlying area to assist local areas, for the purpose of providing workforce investment activities for adults, and dislocated workers, in the State or outlying area and in the local areas.

(Pub. L. 113–128, title I, § 131, July 22, 2014, 128 Stat. 1511.)

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title.

Veterans Energy-Related Employment Program

Pub. L. 111–275, title I, § 106, Oct. 13, 2010, 124 Stat. 2870, provided that: “(a) Establishment of Pilot Program.—To encourage the employment of eligible veterans in the energy industry, the Secretary of Labor, as part of the Veterans Workforce Investment Program, shall carry out a pilot program to be known as the ‘Veterans Energy-Related Employment Program’. Under the pilot program, the Secretary shall award competitive grants to not more than three States for the establishment and administration of a State program to make grants to energy employers that provide covered training, on-job training, apprenticeships, and certification classes to eligible veterans. Such a program shall be known as a ‘State Energy-Related Employment Program’. “(b) Eligibility for Grants.—To be eligible to receive a grant under the pilot program, a State shall submit to the Secretary an application that includes each of the following:“(1) A proposal for the expenditure of grant funds to establish and administer a public-private partnership program designed to provide covered training, on-job training, apprenticeships, and certification classes to a significant number of eligible veterans and ensure lasting and sustainable employment in well-paying jobs in the energy industry. “(2) Evidence that the State has—“(A) a population of eligible veterans of an appropriate size to carry out the State program; “(B) a robust and diverse energy industry; and “(C) the ability to carry out the State program described in the proposal under paragraph (1). “(3) Such other information and assurances as the Secretary may require. “(c) Use of Funds.—A State that is the recipient of a grant under this section shall use the grant for the following purposes:“(1) Making grants to energy employers to reimburse such employers for the cost of providing covered training, on-job training, apprenticeships, and certification classes to eligible veterans who are first hired by the employer on or after November 1, 2010. “(2) Conducting outreach to inform energy employers and veterans, including veterans in rural areas, of their eligibility or potential eligibility for participation in the State program. “(d) Conditions.—Under the pilot program, each grant to a State shall be subject to the following conditions:“(1) The State shall repay to the Secretary, on such date as shall be determined by the Secretary, any amount received under the pilot program that is not used for the purposes described in subsection (c). “(2) The State shall submit to the Secretary, at such times and containing such information as the Secretary shall require, reports on the use of grant funds. “(e) Employer Requirements.—In order to receive a grant made by a State under the pilot program, an energy employer shall—“(1) submit to the administrator of the State Energy-Related Employment Program an application that includes—“(A) the rate of pay, during and after training, for each eligible veteran proposed to be trained using grant funds; “(B) the average rate of pay for an individual employed by the energy employer in a similar position who is not an eligible veteran; and “(C) such other information and assurances as the administrator may require; and “(2) agree to submit to the administrator, for each quarter, a report containing such information as the Secretary may specify. “(f) Limitation.—None of the funds made available to an energy employer through a grant under the pilot program may be used to provide training of any kind to—“(1) a person who is not an eligible veteran; or “(2) an eligible veteran for whom the employer has received a grant, credit, or subsidy under any other provision of law. “(g) Report to Congress.—Together with the report required to be submitted annually under section 4107(c) of title 38, United States Code, the Secretary shall submit to Congress a report on the pilot program for the year covered by such report. The report on the pilot program shall include a detailed description of activities carried out under this section and an evaluation of the program. “(h) Administrative and Reporting Costs.—Of the amounts appropriated pursuant to the authorization of appropriations under subsection (j), two percent shall be made available to the Secretary for administrative costs associated with implementing and evaluating the pilot program under this section and for preparing and submitting the report required under subsection (f). The Secretary shall determine the appropriate maximum amount of each grant awarded under this section that may be used by the recipient for administrative and reporting costs. “(i) Definitions.—For purposes of this section:“(1) The term ‘covered training, on-job training, apprenticeships, and certification classes’ means training, on-job training, apprenticeships, and certification classes that are—“(A) designed to provide the veteran with skills that are particular to an energy industry and not directly transferable to employment in another industry; and “(B) approved as provided in paragraph (1) or (2), as appropriate, of subsection (a) of section 3687 of title 38, United States Code. “(2) The term ‘eligible veteran’ means a veteran, as that term is defined in section 101(2) of title 38, United States Code, who is employed by an energy employer and enrolled or participating in a covered training, on-job training, apprenticeship, or certification class. “(3) The term ‘energy employer’ means an entity that employs individuals in a trade or business in an energy industry. “(4) The term ‘energy industry’ means any of the following industries:“(A) The energy-efficient building, construction, or retrofits industry. “(B) The renewable electric power industry, including the wind and solar energy industries. “(C) The biofuels industry. “(D) The energy efficiency assessment industry that serves the residential, commercial, or industrial sectors. “(E) The oil and natural gas industry. “(F) The nuclear industry. “(j) Appropriations.—There is authorized to be appropriated to the Secretary $1,500,000 for each of fiscal years 2012 through 2014, for the purpose of carrying out the pilot program under this section.”

Coordination of Information and Assistance

Pub. L. 100–689, title IV, § 402, Nov. 18, 1988, 100 Stat. 4178, as amended by Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(24), (f)(16)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–423, 2681–432, provided that: “(a) Purpose.—It is the purpose of this section to ensure that veterans who are dislocated workers eligible for assistance under title I of the Workforce Investment Act of 1998 [former 29 U.S.C. 2801 et seq.] or are otherwise unemployed receive, to the extent feasible, assistance (including information on vocational guidance or vocational counseling, or information on both vocational guidance or vocational counseling), including information on counseling, needed by such veterans—“(1) to apply for services and benefits for which they are eligible as veterans, dislocated workers, or unemployed persons; “(2) to obtain resolution of questions and problems relating to such services and benefit[s]; and “(3) to initiate any authorized administrative appeals of determinations or other actions relating to such services and benefits. “(b) Memorandum of Understanding.—(1) Not later than one year after the date of the enactment of this Act [Nov. 18, 1988], the Secretary of Labor and the Administrator of Veterans’ Affairs shall enter into a memorandum of understanding to carry out the purpose of this section. The memorandum shall include provisions that define the relationships and responsibilities of the Veterans’ Administration, the Department of Labor, and State and local agencies with respect to the provision of the following information, forms, and assistance:“(A) Information on services and benefits referred to in subsection (d). “(B) All application forms and related forms necessary for individuals to apply for such services and to claim such benefits. “(C) Assistance in resolving questions and problems relating to receipt of such services and benefits. “(D) Assistance in contacting other Federal Government offices and State offices where such services or benefits are provided or administered. “(2) The memorandum of understanding entered into pursuant to paragraph (1) shall include a provision for the periodic evaluation, by the Secretary of Labor and the Administrator of Veterans’ Affairs, of the implementation of their respective responsibilities under such memorandum. “(c) Coordination of Department of Labor Activities.—The Assistant Secretary of Labor for Veterans’ Employment and Training, in consultation with the unit or office designated or created under section 322(b) of the Job Training Partnership Act [former 29 U.S.C. 1662a(b)] or any successor to such unit or office under title I of the Workforce Investment Act of 1998 [former 29 U.S.C. 2801 et seq.], shall, except as the Secretary of Labor may otherwise direct, coordinate the activities of the components of the Department of Labor performing the responsibilities of the Secretary of Labor under this section. “(d) Covered Services and Benefits.—This section applies with respect to the following services and benefits:“(1) Employment assistance under—“(A) title I of the Workforce Investment Act of 1998 [former 29 U.S.C. 2801 et seq.]; and “(B) the Veterans’ Job Training Act (97 Stat. 443; 29 U.S.C. 1721 note [now set out below]). “(2) Employment and training activities for dislocated workers under title I of the Workforce Investment Act of 1998 [former 29 U.S.C. 2801 et seq.]. “(3) Employment assistance and unemployment compensation under the trade adjustment assistance program provided in chapter 2 of title II of the Trade Act of 1974 (29 [19] U.S.C. 2271 et seq.) and under any other program administered by the Employment and Training Administration of the Department of Labor. “(4) Educational assistance under—“(A) the Adult Education Act ([former] 20 U.S.C. 1201 et seq.); and “(B) chapters 30, 31, 32, 34, and 35 of title 38, United States Code, and chapter 106 of title 10, United States Code. “(5) Certification of a veteran as a member of a targeted group eligible for the targeted jobs credit determined under section 51 of the Internal Revenue Code of 1986 [26 U.S.C. 51]. “(e) Definition.—In this section, the term ‘veteran’ has the meaning given such term in section 101(2) of title 38, United States Code.”

Veterans’ Job Training Act