ALL REGIONAL ADMINISTRATORS AND DIRECTORS VETERANS' EMPLOYMENT AND TRAINING
ALL STATE EMPLOYMENT SECURITY AGENCIES
ALL STATE OFFICES OF WORKFORCE DEVELOPMENT (INFO)
ALL ONE-STOP SYSTEM COORDINATORS (INFO)
ALL REGIONAL ADMINISTRATORS, EMPLOYMENT (INFO) AND TRAINING ADMINISTRATORS
FROM:
ESPIRIDION (AL) BORREGO
SUBJECT:
Workforce Investment Act Requirements; Clarification of
the Requirement to Provide Priority Services to Veterans
PURPOSE: To clarify the requirements of VPL 3-99 regarding Priority
Services to Veterans and the Secretary's Agreement.
BACKGROUND: There has been some confusion regarding the requirements contained
in VPL 3-99. This Veterans' Program Letter is an attempt to clarify those issues
surrounding the requirements outlined in section 322 of the Workforce
Investment Act (WIA), specifically the Secretary's Agreement.
Section 322 of the WIA, "Veterans Employment Programs," amends Chapter 41 of 38,
U.S.C. to require State Administrative Entities to enter into an agreement with the
Secretary of Labor that, "...includes the description and information described in
paragraphs (8) and (14) of section 112 (b) of the Workforce Investment Act of 1998."
Section 112 of the WIA describes the requirements for development and submittal of a
State Workforce Investment Plan (State Plan); subsection (b) paragraphs (8) and (14) deal
with the content requirements of the State Plan that includes activities authorized under
Chapter 41 of 38 U.S.C. with a cross reference to WIA section 134 (c) which describes
the "one-stop delivery system."
Section 4102 of U.S.C. describes the "authorized activities" (referred to in section 112
(b)(8) of the Workforce Investment Act) which are: "(1) job and job training counseling
service program, (2) employment placement service program, and (3) job training
placement program for eligible veterans and eligible persons." Section 4102 also
addresses priority services to veterans by stating that the Assistant Secretary for Veterans'
Employment and Training (ASVET) shall promulgate and administer policies and
regulations, "...so as to provide such veterans and persons the maximum of employment
and training opportunities, with priority given to the needs of disabled veterans and
veterans of the Vietnam era through existing programs, coordination and merger of
programs and implementing new programs."
CLARIFICATION:
(1) Federal Regulations require the ASVET to ensure that all programs funded in whole
or in part with Wagner/Peyser appropriations and those programs specifically funded by
the Veterans' Employment and Training Service, i.e., the Local Veterans' Employment
Representative and the Disabled Veterans' Outreach Program Grants to the State
Employment Security Agencies, shall provide priority service to veterans as outlined in
Section 4102 of 38 U.S.C. as amended. Therefore, it is expected that each
Wagner/Peyser portion of the State Plan submitted by the entity responsible for the labor
exchange function as per section 112 of the Workforce Investment Act will describe how
priority of employment and training services to veterans will be maintained in each
State's "one-stop delivery system" that receives Wagner-Peyser funds. However, there is
no requirement to include a description of how priority service to veterans will be
maintained in those programs funded from other sources in each State's one-stop delivery
system.
(2) Section 322 of the Workforce Investment Act amended Chapter 41 of 38 U.S.C. by
adding a new section 4110B "Coordination and Nonduplication". This new section of 38
U.S.C. requires each State entity to enter into an agreement with the Secretary of Labor to
describe services to veterans under the Workforce Investment Act. Veterans' Program
Letter 3-99 incorrectly stated that this "Secretary's Agreement should be attached to a
State's WIA Title I plan." There is no legal requirement that this Agreement be attached
to a WIA State Plan. Instead, States are encouraged to submit the Secretary's Agreement as
described in item (3).
(3) It is the ASVET's policy that each State's Secretary's Agreement (see attached
example) should be transmitted to the National Office of the Veterans' Employment and
Training Service and each State's jurisdictional Regional Administrator for Veterans'
Employment and Training (RAVET)). The ASVET encourages States to submit this
Agreement (if completed) separate from, but at the same time that the State is
submitting its WIA Title I State Plan.
ACTIONS REQUIRED: RAVETs will ensure that their respective ETA Regional
Administrators have received this change. DVETs will ensure that State Administrative
Entities have received this change as well.
INQUIRIES: DVETs should contact their
respective RAVETs. RAVETs should contact Effie Baldwin, WIA VETS Coordinator, at 202-693-4742 or 202-219-0316 ext. 148.
Attachment
SECRETARY'S AGREEMENT (Governing Services to Veterans)
I. Preamble In accordance with the Workforce Investment Act of 1998, section 322, this Agreement between
the (Governor/Appropriate State Entity) and the Secretary of the Department of Labor (DOL),
through the Veterans' Employment and Training Service (VETS), specifies the provision of
services to veterans, the roles and responsibilities of the Workforce Investment Act of 1998
(WIA) service providers, and the integration of Disabled Veteran Outreach Program (DVOP)
specialists and Local Veteran Employment Representatives (LVERs) into one-stop delivery
systems and other Service Delivery Points (SDPs) within the State/Commonwealth of (specify).
The agreement has been developed to assure coordination and avoid duplication at the service
delivery points. In administering veterans' service programs under Chapter 41 and 42 of 38
U.S.C., the (Appropriate State Entity) will undertake the functions described in this Agreement.
II. Scope The parties to this document agree and resolve to maximize services to veterans following the
priority to veterans described in 38 U.S.C. Chapters 41, 42 and 43; at 20 C.F.R. 1001.100 etseq.
and the Special Provisions of the DVOP/LVER Grants, through their cooperation in activities
and staffing at one-stop delivery system sites.
III. Purpose of One-Stop Delivery Systems The (Appropriate State Entity) and VETS agree that the one-stop delivery systems will integrate
fully the multiple career development services provided to veterans. One-stop delivery system
veteran customers will be provided the full array of services available within the system
empowered with customer choice and customized access to those services which satisfy their
individual needs for career development. Access to the system will be provided universally to
assure customers that there is no wrong door. In the provision of these services veterans' priority
will be followed in accordance with 38 U.S.C., Chapters 41 and 20 C.F.R. 1001.100 etseq. and
the provisions of the DVOP and LVER grants. The LVER and DVOP program will also
facilitate veteran access to all WIA employment and training programs, as required by Section
112 (b)(17)(B) of the Workforce Investment Act of 1998.
IV. Components and Activities The following outline reflects the elements of universally, customer choice, integration and
performance which have been identified as key factors for the efficient functioning of one-stop
delivery systems in the Workforce Investment system.
INTAKE, ASSESSMENT AND REGISTRATION
Universality. Veterans will be allowed to register at all locations at which
registration is offered, using standardized data elements as prescribed by Federal
guidelines. Individual needs of veterans may be assessed to access core services,
intensive services, and training services, as needed, in all one-stop delivery
systems, to determine the appropriate level of service to be provided. If veterans'
needs cannot be met at the point of intake, veterans will be referred promptly to
the appropriate service provider. Access to LVER and DVOP staff will be
provided through the one-stop delivery system, if requested by a veteran.
Customer Choice. Veterans will be encouraged by one-stop delivery system staff
to self-identify in order to establish their eligibility for priority for services funded
by the Wagner-Peyser Act (W-P Act). Veterans will be provided the options to:
A. self-register for core services
B. request assessment for intensive services, and/or
C. request assessment for training services as appropriate to meet their needs.
Integration. Qualified veterans will be provided priority in all services provided
under the W-P Act at the point of intake and in assessment for all services.
Performance. Performance will be measured by comparing needs to veterans as
identified at the point of intake with the service provided at the point of exit.
Measures of performance will be client-centered and outcome-oriented and will
include timeliness of services provided.
MEDIATED AND NON-MEDIATED SERVICES IN PLACEMENT, DEVELOPMENT
OF JOBS AND JOB TRAINING OPPORTUNITIES
Universality. Veteran one-stop delivery system customers assessed as being "job
ready" will be provided with priority access to job information services, including
all types of job referrals funded by the W-P Act. In those instances where
appropriate job listings are not available, veterans will be instructed in the use of
self-directed job search techniques and technology. Veterans who are
unsuccessful in accessing job opportunities will be identified and provided job
development services.
Customer Choice. Veterans will be provided with maximum access to labor
market information. Services provided will be customer driven. Where available,
veterans will be trained in the use of technology, Internet resources, and other
career information delivery systems including ALMIS.
Integration. DVOP and LVER staff will provide technical assistance and staff
training to one-stop delivery system relative to programs, resources and the
priority of services for veterans. LVER staff, as functional supervisors for
veterans services, will make recommendations to one-stop delivery system
operators for improvements in services to veterans. DVOP and LVER staff will,
where feasible, provide direct services or assist one-stop delivery system staff in
the provision of priority services for veterans under the Wagner-Peyser Act.
Performance. The (Appropriate State Entity responsible for the public labor
exchange system) will be responsible for assuring priority services for veterans
leading to achievement of performance standards for veterans' services within the
one-stop delivery system. Measures of Performance for veterans' services will be
negotiated between VETS and the (Appropriate State Entity).
OUTREACH/OUT-STATIONING OF LVER/DVOP STAFF
Universality. LVER and DVOP staff will provide outreach services to veterans at
Service Delivery Points (SDPs) that have no LVER or DVOP assigned.
However, DVOP staff assigned to these one-stop delivery systems may not be
used to fulfill the mandated out-stationing requirement of Chapter 41 of 38 U.S.C.
Outstation sites may include Transition Assistance Program (TAP) sites,
Department of Veterans Affairs (DVA) facilities, or other sites, as appropriate and
agreed to. All out-stationing sites of LVER and DVOP staff will be coordinated
with the State VETS Director. DVOPs and LVERs are to conduct outreach to
employers, community agencies, veterans' organizations, etc. and share the
information gained from these contacts with Service Delivery Point staff.
Customer Choice. Veterans customers will be provided with options to obtain
assistance at out-station sites, during scheduled outreach visits, at full-service
centers, or by electronic access from other access points. Other organizations and
agencies should be encouraged to establish America's Job Bank Internet Access
Zones.
Integration. Out-station/outreach sites will be encouraged to enter into formalized
Memorandums of Understanding (MOU) to define the range of services available
to veteran customers and the responsibilities of DVOP and LVER staff providing
such services. MOUs will assure that veterans are provided priority in the
services funded by the W-P Act at the center.
Performance. Measures of performance will include an annual assessment by the
State VETS Director of all formal and informal agreements established to
facilitate priority of services for veterans for W-P Act funded activities in one-stop delivery systems, including out-station and out-reach sites.
FEDERAL CONTRACTOR PROGRAM (FCP) and VETERANS' PREFERENCE for
FEDERAL JOBS
Universality. Federal Contractor Program job information and listings of Federal
jobs will be available at all one-stop delivery systems. LVER staff who are
designated as Monitors for the workforce investment area will provide training to
one-stop delivery system staff relative to the Federal Contractor Job Listing
Program and Complaint systems as well as Federal employment opportunities for
veterans. Where feasible, the one-stop delivery system will establish an
America's Job Bank (AJB) Access Zone using Internet technology to provide
access to Federal Contractor and Federal Agencies job listings. One-stop delivery
system staff, in cooperation with LVER Monitors, will promote the establishment
of AJB Access Zones at other Community Based Organizations and Department
of Veterans Affairs (State and Federal ) offices.
Customer Choice. Veterans will be provided both printed and electronic Federal
Contractor Program and Federal job information, including information relative to
filing complaints with the State VETS Director. Federal Contractors and Federal
Agencies will be provided with recruitment assistance in accordance with their
obligation for Affirmative Action and veterans' preference requirements pursuant
to Chapter 42 of 38 U.S.C.
Integration. The FCP and Federal job opening listings will be integrated into all
one-stop delivery systems to assure that veteran customers, Federal Contractors
and Federal Agencies have full access to jobs listings, qualified applicants and
program information. Veterans will be provided information in the filing of
complaints as necessary. LVER and DVOP staff will provide technical assistance
and staff training to one-stop delivery system staff relative to Federal Contractor
Programs.
Measures of Performance. Performance will be measured by surveying customer
satisfaction with FCP assistance provided by one-stop delivery system staff, and
by evaluation of the quality and timeliness of services provided by LVER/DVOP
staff.
CASE MANAGEMENT SERVICES FOR TARGETED VETERANS
Universality. Case Management services for targeted veterans will be provided
by LVER and DVOP staff and appropriate one-stop delivery system staff. These
Case Management services will parallel similar services provided for other
customers within one-stop delivery systems.
Customer Choice. Case Management services for targeted veterans will be client
focused and client driven. Targeted veterans will be provided choices based upon
need and the resources available to meet those needs. When necessary and when
appropriate, clients will be assisted in accessing resources outside the one-stop
delivery system.
Integration. Case Management services for veterans through the LVER and
DVOP staff will include the resources of the one-stop delivery system and the
Department of Veterans Affairs Vocational Rehabilitation & Counseling (VR&C)
system. VETS will define the procedures and services to be provided to targeted
veteran clients who are case managed. Case Management training at the National
Veterans Training Institute (NVTI) will be requested for those one-stop delivery
system staff, DVOP staff and LVER staff who will be providing case
management services to veterans.
Performance. Measures of Performance will track veterans who have been
referred to the one-stop delivery system for Case Management Services by the
DVA. Measures of Performance will include the number of such veterans
referred, the number of such veterans entered into case management, and the
outcomes resulting from case managed systems. Common definitions of data will
be negotiated between VETS, the one-stop delivery system administrator and the
DVA VR&C to insure standardized reporting of outcomes by each system.
ROLE AND RESPONSIBILITIES OF PUBLIC EMPLOYMENT SERVICE
MANAGEMENT AND STAFF IN THE PROVISION OF SERVICES TO VETERANS
Universality. As part of the Memorandums of Understanding (MOUs), LVER
and DVOP staff can receive guidance from the one-stop delivery system operator.
However, compensation, personnel actions and terms and conditions of
employment, including performance appraisals and accountability of merit-staff
employees will remain under the authority of the State Agency. LVERs assigned
to one-stop systems will monitor and provide quarterly reports to their one-stop
delivery system operator on the universality of veteran services provided by one-stop delivery system staff and the access and receipt of these veteran services.
Customer Choice. To assist customers to make an informed choice, one-stop
delivery systems will provide information during the intake process that advises
veterans of the advantages of registration to access special programs and services
for veterans and the availability of special staff to discuss employment issues.
Integration. One-stop delivery system operators will encourage and promote all
program participating in the Workforce Investment system to provide the
maximum of employment and training opportunities to veterans.
Performance. One-stop delivery system operators will be held responsible for
assuring priority services for veterans where Wagner-Peyser, LVER, DVOP, or
public employment service resources are used. Measures of Performance for
veterans services will be negotiated between VETS and the (Appropriate State
Entity). Program activity and program costs will be reported in accordance with
the DVOP/LVER grant agreement.
V. Effective Date
This Agreement shall be fully executed and effective as of the date of the signing of this
document. The Agreement shall be automatically renewed on October 1st of each subsequent
year, absent an express written notice of an intent not to renew receive by all signatories at least
30 days prior to the October 1 renewal date. This agreement may be amended if agreed to by all
parties.
