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Jobs for Veterans Act

How the Jobs for Veterans Act (P.L. 107-288) Applies to
THE INDIAN AND NATIVE AMERICAN EMPLOYMENT AND TRAINING PROGRAM (DINAP)

Jobs for Veterans Act


17 BASIC QUESTIONS AND ANSWERS
Applicable to The Indian and Native American Employment and Training Program


NOTE: For ease of reference (away from the context of this Web site) the number of each basic question below is followed by the acronym of the program to which it applies. Example: For the Workforce Innovation and Opportunity Act (WIOA) Adult and Dislocated Workers program, the first question is numbered 1ADW. For National Emergency Grants, the first question is numbered 1NEG.

  • Effect on The Indian and Native American Employment and Training Program as a whole

1DINAP.         Will implementation of the veterans' priority established by the Jobs for Veterans Act (a) cause extensive changes in the way The Indian and Native American Employment and Training Program is administered and (b) is this priority waivable (in the case of those programs that allow waivers)?

RESPONSE:

(a) Except for the focus on veterans P.L. 107-288 will not cause extensive changes in the way the WIA section 166 DINAP is currently administered, either in the field or at the national office level.

(b) This priority can not be waived.

2DINAP.         What process will The Indian and Native Employment and Training Program need to go through in order to assure that its grant award document(s) and/or other applicable governing document(s) formally reflect any necessary changes and requirements?

RESPONSE:

DINAP will issue a DINAP Bulletin with implementation instructions and guidance for the priority provisions of P.L. 107-288. Grantees will have to address this service priority in their comprehensive service plans. Formal inclusion of this priority in section 166 grant documents will also occur.

3DINAP.         Are there any special obligations for The Indian and Native American Employment and Training Program regarding public comment or input on such changes?

RESPONSE:

Generally, no. DINAP does expect some additional questions from section 166 grantees concerning specific situations encountered in the field and may address them in future bulletins. However, if reporting changes must occur, then there will be a "public comment" requirement for Office of Management and Budget (OMB) clearance purposes.

4DINAP.         How is eligibility for The Indian and Native American Employment and Training Program affected?

RESPONSE:

Except for the requirement to provide service priority to eligible veterans, the section 166 eligibility requirements will not change at all - any individual served must still (by law) be an Indian, Alaska Native, or Native Hawaiian as documented by the grantee at time of enrollment and/or program participation.

5DINAP.         Will The Indian and Native American Employment and Training Program be expected to develop or meet any specific performance standards regarding service to veterans?

RESPONSE:

No.

6DINAP.         Who will be responsible for monitoring implementation of the veterans' priority for The Indian and Native American Employment and Training Program?

RESPONSE:

The grant will continue to be monitored and audited in the normal way, with the inclusion of the new requirement. Grantee management and oversight staff are also expected to review the impact of this requirement on their service population.

7DINAP.         Will the Division of Indian and Native American Programs be responsible for annual or special reports on service rendered to veterans?

RESPONSE:

No such "special reports" are anticipated at this time. The current section 166 comprehensive services (i.e., Indian "adult") program report (ETA-9084) tracks the number of veterans served. Unless DINAP expands on this line item, section 166 grantees will only have to report on veterans' status as a participant characteristic, without having to elaborate on the type(s) of services provided to individual veterans.

8DINAP.         Will there be any consequences or ramifications for individual WIOA section 166 grantees for failing to provide priority of service to veterans?

RESPONSE:

Like any other statutory requirement, veterans' priority will be an item of individual grantee responsibility, subject to appropriate grievance procedures and appropriate corrective action(s). Failure of any section 166 grantee to abide by said statutory requirements could result in a finding of non-compliance and a sanction.

  • Effect on The Indian and Native American Employment and Training Program Rules, Regulations and/or Existing Guidance

9DINAP.         Will the Department of Labor be issuing new or amending current regulations to accommodate the changes?

RESPONSE:

No regulatory changes are anticipated at this time. However, regulatory changes will be necessary when WIA reauthorization takes effect. DINAP will be working with the Indian and Native American Advisory Council to address necessary regulatory changes.

10DINAP.        Does all or most other current guidance for The Indian and Native American Employment and Training Program still apply? 

RESPONSE:

Yes. All current guidance still applies.

  • Effect on The Indian and Native American Employment and Training Program Funding

11DINAP.        Will The Indian and Native American Employment and Training Program funding be affected (additional dollars, changes in formulas, allocations, reallocations, etc., where applicable)? If so, how?

RESPONSE: 

No, funding will not be affected by the veterans' priority.

12DINAP.        Are "old" but as of yet unexpended Indian and Native American Employment and Training Program funds received, obligated or committed prior to the passage of the Jobs for Veterans Act subject to the veterans' priority? 

RESPONSE:

Yes. The Jobs for Veterans Act is currently in effect. 

13DINAP.        Will other non-Department of Labor Federal funds, or non-Federal funds used in The Indian and Native American Employment and Training Program partnerships or as match by subject to the same veterans' priority?

RESPONSE:

Yes. The statute reads "funded in whole or in part" by the Department of Labor, and includes almost any activity that can reasonably be interpreted as involving job training. So if the grantee's program (such as one operated under the authority of P.L. 102-477) includes any Department of Labor funds at all, the particular program will be subject to the veterans' priority.

  • Effect on The Indian and Native American Employment and Training Program Operations

14DINAP.        Is there impact on the ability to co-enroll a participant where this is necessary and feasible? What happens, for instance, if The Indian and Native American Employment and Training Program wants to co-enroll a non-veteran participant into another program, but the other program has veterans ahead of him or her in the eligibility line? 

RESPONSE:

Co-enrollment is not a major factor in the operation of WIA section 166 programs in most cases, so this would not be a big issue in the field. However, if a situation such as this were to arise, the statute clearly states that the eligible veteran would receive a priority of/for service, regardless of which Department of Labor fund source is used. If funding for co-enrollment activities is non-Department of Labor then the priority may not apply for that activity.

15DINAP.        How will registration, record-keeping, and reporting for The Indian and Native American Employment and Training Program be affected? 

RESPONSE:

Because veteran's status is a current reporting requirement on the ETA-9084, section 166 grantees already obtain and report such data. DINAP does not anticipate any significant changes in INA grantee record-keeping and reporting requirements unless further data (other than just numbers of veterans served) is determined to be required.

16DINAP.        How will the veterans' priority affect any request for proposal (RFPs), Solicitations for Grant Award (SGAs), program sub-grants, subcontracts, or memoranda of understanding or other service provision agreements with The Indian and Native American Employment and Training Program vendors, contractors, and partners (required and otherwise)? 

RESPONSE:

Veterans' priority will apply to all section 166 funding, including sub agreements.

17DINAP.        Will The Indian and Native American Employment and Training Program, outreach efforts, written materials on available services and Web sites have to express and implement a priority of service to veterans? 

RESPONSE:

At this time, DINAP anticipates no such mandatory outreach effort or requirement. Each grantee must assess the service needs of their communities to determine the extent of outreach to ensure community awareness of this priority and availability of services.


QUESTIONS RECEIVED FROM PROGRAM OPERATORS OF
The Indian and Native American Employment and Training Program
AND ANSWERS PROVIDED


NOTE: For ease of reference (away from the context of this Web site) the number of each question from program operators is not only followed by the acronym of the asking program, but also by the initials ff (as in "from field"). Example: The first question in the series of those received from a program operator under the WIA Adult and Dislocated Workers program, would be 1ADWff. The first question in the series of those received from a program operator under a National Emergency Grant would appear as 1NEGff.


If you have a question that has not been addressed in the template or on these pages, send it via email to JobsforVeteransAct@dol.gov.      


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