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Veterans' Program Letter No. 8-97
Memorandum for: All Regional Administrators and Directors for Veterans'
Employment and Training and All State Employmnet Security Agency Administrators
(SESAs) and All Regional Administrators, Employment and Training
Administration
From: Preston M. Taylor Jr.
Subject: Vietnam Era Veteran Definition
Change - P.L. 104-275
PURPOSE: To inform State Employment Security Agencies (SESAs) and
Veterans' Employment and Training field staff of the recent changes concerning
the "expansion of the period of the Vietnam era for certain veterans". The
change was legislated by the passage of the Veterans' Benefits Improvement Act
of 1996, Public Law (P.L.) 104-275, Section 505, enacted October 9, 1996.
REFERENCES: Title 38, U.S.C., Chapter 1, Section 101 (29) and Chapters
41 & 42, Sections 4101, 4211 and 4212.
BACKGROUND: P.L. 104-275 incorporates provisions from a multitude of
different bills resulting from compromise agreements between the United States
House of Representatives and Senate. This letter reflects only the provisions
of Section 505, which amends the definition of the Vietnam era for certain
veterans.
Section 505 states:
(a) In General — Paragraph (29) of section 101 (of Title 38) is
amended to read as follows:
(29) The term `Vietnam era' means the following:
(A) The period beginning on February 28, 1961, and ending on May 7,
1975, in the case of a veteran who served in the
Republic of Vietnam during that period.
(B) The period beginning on August 5, 1964, and ending on May 7, 1975,
in all other cases.".
(b) Limited Expansion for Specific Compensation Purposes.--
(1) Paragraphs (1)(B) and (3) of section 1116(a) are each amended by
striking out "during the Vietnam era" and inserting in lieu thereof "during the
period beginning on January 9, 1962, and ending on May 7, 1975,".
(2) Paragraphs (1)(A), (2)(C), (2)(E), (2)(F), and (4) of such section
are amended by striking out "during the Vietnam era" and inserting in lieu
thereof "during the period beginning on January 9, 1962, and ending on May 7,
1975".
(d) Effective Date. -- The amendment made by this section shall take
effect on January 1, 1997. No benefit may be paid or provided by reason of such
amendment for any period before such date.
GUIDANCE: It is the understanding of the Veterans' Employment and
Training Service (VETS) that this change, particularly with reference to "a
veteran who served in the Republic of Vietnam during that period", was intended
to include those who served in the Vietnam theater of combat operations. This
would include those veterans who served in Southeast Asian countries
neighboring the Republic of Vietnam or the waters adjacent thereto.
Even with this broad interpretation of the legislation, it is unlikely,
given the overall number of veterans that could possibly be included, that many
Job Service applicants will be affected by this change. State Agencies must,
however, ensure all veterans covered by this change (i.e., now considered
Vietnam era veterans) are properly identified and afforded the full range of
labor exchange services on a priority basis in accordance with 38 U.S.C. 4212
(regarding the Federal Contractor Program) and 20 CFR 1001.120.
ACTION:
1. The SESAs (or other agencies carrying out the public employment
service function) should provide the guidance in this VPL to all staff
responsible for serving veterans and the preparation and analysis of DVOP/LVER
performance reports.
2. Necessary changes should be made to data collection processes and
reporting systems in order to properly identify those affected by this change
in status, and record the services they receive.
3. Directors for Veterans' Employment and Training will meet with their
respective State Agency counterparts to ensure that states have received and
understand the direction and requirements provided herein and provide technical
assistance as necessary.
4. Regional Administrators for Veterans' Employment and Training will
work with DVETs and SESAs to resolve any problems.
It is expected that all programs and services available through the
public employment service, to include the one-stop career center systems, will
provide these veterans every opportunity for assistance in reaching their
career goals.
INQUIRIES: SESAs are invited to direct any questions they may have
regarding the content of this VPL to the DVET in their respective state. DVETs
will direct inquiries through the RAVET to Paul R. Hinkhouse in the National
Office at (202)219-9105. Questions concerning the impact on Federal Contractors
and Subcontractors' requirement to file an annual VETS - 100 survey report
should be directed to Eileen Connors at (202)219-9110.
Expiration Date: September 30, 1997
VETS-D PHinkhouse:bct:2/11/97:FPB:Rm. S1316:219-9105
Larson:Higgins:Official File:Pending:File B:VPL97PRH.WPD
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