Sec. 7. approval of employer programs

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## Sec. 7 approval of employer programs ###

(a)####

(1)An employer may be paid assistance under section 8(a) on behalf of an eligible veteran employed by such employer and participating in a program of job training offered by that employer only if the program is approved under this section and in accordance with such procedures as the Administrator may by regulation prescribe. ####

(2)Except as provided in subsection (b), the Administrator shall approve a proposed program of job training of an employer unless the Administrator determines that the application does not contain a certification and other information meeting the requirements established under this Act or that withholding of approval is warranted under subsection (g). ###

(b)The Administrator may not approve a program of job training— ####

(1)for employment which consists of seasonal, intermittent, or temporary jobs; ####

(2)for employment under which commissions are the primary source of income; ####

(3)for employment which involves political or religious activities; ####

(4)for employment with any department, agency, instrumentality, or branch of the Federal Government (including the United States Postal Service and the Postal Rate Commission); or ####

(5)if the training will not be carried out in a State. ###

(c)An employer offering a program of job training that the employer desires to have approved for the purposes of this Act shall submit to the Administrator a written application for such approval. Such application shall be in such form as the Administrator shall prescribe. ###

(d)An application under subsection

(c)shall include a certification by the employer of the following: ####

(1)That the employer is planning that, upon a veteran's completion of the program of job training, the employer will employ the veteran in a position for which the veteran has been trained and that the employer expects that such a position will be available on a stable and permanent basis to the veteran at the end of the training period. ####

(2)That the wages and benefits to be paid to a veteran participating in the employer's program of job training will be not less than the wages and benefits normally paid to other employees participating in a comparable program of job training. ####

(3)That the employment of a veteran under the program— #####

(A)will not result in the displacement of currently employed workers (including partial displacement such as a reduction in the hours of nonovertime work, wages, or employment benefits); and #####

(B)will not be in a job

(i)while any other individual is on layoff from the same or any substantially equivalent job, or

(ii)the opening for which was created as a result of the employer having terminated the employment of any regular employee or otherwise having reduced its work force with the intention of hiring a veteran in such job under this Act. ####

(4)That the employer will not employ in the program of job training a veteran who is already qualified by training and experience for the job for which training is to be provided. ####

(5)That the job which is the objective of the training program is one that involves significant training. ####

(6)That the training content of the program is adequate, in light of the nature of the occupation for which training is to be provided and of comparable training opportunities is such occupation, to accomplish the training objective certified under clause

(2)of subsection (e). ####

(7)That each participating veteran will be employed full time in the program of job training. ####

(8)That the training period under the proposed program is not longer than the training periods that employers in the community customarily require new employees to complete in order to become competent in the occupation or job for which training is to be provided. ####

(9)That there are in the training establishment or place of employment such space, equipment, instructional material, and instructor personnel as needed to accomplish the training objective certified under clause

(2)of subsection (e). ####

(10)That the employer will keep records adequate to show the progress made by each veteran participating in the program and otherwise to demonstrate compliance with the requirements established under this Act. ####

(11)That the employer will furnish each participating veteran, before the veteran's entry into training, with a copy of the employer's certification under this subsection and will obtain and retain the veteran's signed acknowledgment of having received such certification. ####

(12)That, as applicable, the employer will provide each participating veteran with the full opportunity to participate in a personal interview pursuant to section 14(b)(1)(A) during the veteran's normal workday. ####

(13)That the program meets such other criteria as the Administrator may determine are essential for the effective implementation of the program established by this Act. ###

(e)A certification under subsection

(d)shall include— ####

(1)a statement indicating

(A)the total number of hours of participation in the program of job training to be offered a veteran,

(B)the length of the program of job training, and

(C)the starting rate of wages to be paid to a participant in the program; and ####

(2)a description of the training content of the program (including any agreement the employer has entered into with an educational institution under section

(10)and of the objective of the training. ###

(f)####

(1)Except as specified in paragraph (2), each matter required to be certified to in paragraphs

(1)through

(11)of subsection

(d)shall be considered to be a requirement established under this Act. ####

(2)#####

(A)For the purposes of section 8(c), only matters required to be certified in paragraphs

(1)through

(10)of subsection

(d)shall be so considered. #####

(B)For the purposes of section 11, a matter required to be certified under paragraph

(12)of subsection

(d)shall also be so considered. ###

(g)In accordance with regulations which the Administrator shall prescribe, the Administrator may withhold approval of an employer's proposed program of job training pending the outcome of an investigation under section 12 and, based on the outcome of such an investigation, may disapprove such program. ###

(h)For the purposes of this section, approval of a program of apprenticeship or other on-job training for the purposes of section 1787 of title 38, United States Code, shall be considered to meet all requirements established under the provisions of this Act (other than subsection

(b)and (d)(3)) for approval of a program of job training.