1. U.S. Department of Labor Employment and Training Administration
Veterans’ Priority of Service in SCSEP
SCSEP Business Meeting
Pamela Langley, VETS
Ed Davin, VETS
R.J. Flowers, ETA/OWI
November 18, 2010

2. What is Priority of Service?
Outline
What is VETS?
What is Priority of Service?
How Should Priority of Service Be Implemented?
What About Monitoring and Reporting?
Fundamental aspects of the regulations.
2. How the regulations are to be implemented within the varied programmatic contexts
3. Plans for monitoring and reporting components of the regulations. 2

3. What is VETS?
The Veterans’ Employment and Training Service (VETS) – an Agency of the U. S. Department of Labor (not the VA)
VETS Administers Grant Programs
Formula Grants to State Workforce Agencies
Competitive Grants to public and private non-profit organizations
VETS Administers Compliance Programs

4. VETS’ Oversight Responsibility
General Role - The Assistant Secretary of Labor for Veterans' Employment and Training shall promote and monitor participation of qualified veterans and eligible persons in employment and training opportunities under title I of the Workforce Investment Act of 1998 and other federally funded employment and training programs. (38 U.S.C. 4102A(d))
Specific Role – Priority of Service for Veterans and Eligible Spouses

5. What is
Priority of Service?

6. History of Priority of Service
Jobs for Veterans Act – P.L November 7, 2002 – enactment
P.L – December 6, 2006 – requirement to publish regulations
Final Regulations – January 19, 2009
Joint Guidance – November 10, 2009
Protocol – November 10, 2010
Jobs for Veterans Act - originating legislation
TEGL 5-03 – JVA Policy Guidance
PL Veterans’ Benefits, Health Care, and Information Technology Act of 2006 – required DOL to publish regulations within two years.
Final Rule/Regulations - Published on December 19, 2008; effective date January 19, 2009.
Joint Guidance – TEGL and Veterans’ Program Letter – November 10, 2009 6

7. Issuance of Joint Guidance
Training and Employment Guidance Letter (TEGL) No.10-09, issued by ETA
Veterans’ Program Letter (VPL) No , issued by VETS
Identical content issued in each agency’s guidance format on the same date
The only known instance of VETS and ETA issuing joint guidance
Protocol recently issued as TA follow-up

8. Key Definitions - I
Qualified Job Training Program – a workforce program funded in whole or in part by DOL
Veteran [38 USC 101(2)]
Discharged under “other than dishonorable” conditions
Active military service:
National Guard and Reserve – weekend and summer training does not qualify
National Guard – mobilization by a governor for state service (e.g., for a natural disaster) does not qualify
Priority of Service applies to ANY workforce program that’s funded in whole or in part by DOL funds.
ACTIVE military service - Full-time duty in the National Guard or a Reserve component other than for training purposes. One day of military service qualifies for POS - 38 U.S.C. 101(2); similar to 29 U.S.C. 2801(49)(A) which applies to WIA program eligibility; different than 180 days of service required for DVOP/LVER services and reporting under WP, 38 U.S.C. 4211(4)(A).
No FT Training or State mobilization .
DISCHARGE – any reason as long as it is categorized as anything other than dishonorable. 8

9. Key Definitions - II Eligible Spouse
Eligibility derived from a living veteran
Service member is missing in action, captured or forcibly detained
Veteran has total service-connected disability, per VA evaluation
Eligibility derived from a deceased veteran
Veteran died of a service-connected disability
Veteran died while a total service-connected disability, per VA evaluation, was in existence
Eligible Spouse Definitions and Criteria for priority of service. 9

10. Can an Eligible Spouse Lose Eligibility Under Any of These Conditions?
Basis of Spouse Eligibility
Loss
of Status
Divorce
Remarriage
a) Veteran died of service connected Disability
N/A No
b) Service Member is missing, captured or detained
Yes
c) Veteran has a total, service connected disability, per VA Evaluation
d) Veteran died while a disability as defined in c) was in existence

11. Key Definitions - III Covered Person A Veteran An Eligible Spouse
Non-Covered Person
Any person who is not a veteran or an eligible spouse
Covered Person: Those included for POS
Covered Entrant: Keep in mind that ‘covered entrants’ ONLY apply to ‘covered persons’!
Point of Entry, earliest point of contact, with the workforce system whether at a physical location, such as a One-Stop Center, or at a virtual location, such as a state’s Web site, but has not received a service yet!
This is to capture information on veterans and eligible spouses in those situations in which they make initial contact with the workforce system, or with a specific program, but do not immediately receive a service that would qualify them as participants. This will be a reporting requirement for six programs identified to capture data on covered entrants – WIA A/DW/NEG; WP; TAA; SCSEP.
State and/or Local Areas are required to establish policies/procedures/guidance for Point of Entry. ETA will be providing ‘protocol’ – in development now – which will provide further detail and examples about strategies for providing priority of service. 11

12. Recognizing the Challenges
One-Stops are to apply the priority of service veteran definition to all veterans who access the workforce system through the One-Stops
One-Stops also are to apply the Wagner-Peyser veteran definition to DVOP/LVER eligibility and to all reporting on Wagner-Peyser services
Although this duality of veteran definitions is awkward, it could be resolved by Congress
The bottom line here is that the burden of applying both the priority of service and the Wagner-Peyser definitions will fall on the One-Stop Centers. The priority of service definition applies to those veterans who access the workforce system remotely or through the One-Stops. The WP definition applies to eligibility for DVOP/LVER services and to reporting on all WP services. 12

13. Extent of Priority of Service
Priority of Service applies to every qualified job training program funded, in whole or in part, by DOL
An agreement to implement priority of service is a condition for receipt of all DOL job training funds
Priority of service applies to all sub-recipients, including sub-grantees, subcontractors, and those delivering services under other types of agreements
Priority of Service cannot be waived
Going back to the coverage of priority of service, or where it applies, as stated in the first bullet, it applies to EVERY qualified job training program funded by the Department, whereby the receipt of those funds is tantamount to an agreement to implement priority of service consistent with the final regulations. And it applies to all “levels” of funding, including recipients and every level of sub-recipient.
…Priority of Service cannot be waived. No recipient or sub-recipient of DOL funding for workforce programs can waive these regulatory requirements. 13

14. Identifying and Informing
Identifying veterans and eligible spouses at the point of entry
Implementing processes to ensure veterans and eligible spouses are made aware of:
Their entitlement to priority of service
Other employment, training and placement services available
The eligibility requirements for those programs or services
Identifying covered persons at the point of entry – this being the earliest point they access the system.
Must be processes in place to enable the Individual to make known their Covered Person status and for staff to Initiate data collection for Covered Persons.
Covered persons must also be made aware of:
Their entitlement to priority of service
Other employment, training and placement services available
The eligibility requirements for those programs or services
ETA developing a ‘Protocol’ – Best Practices, Implementation, Tools 14

15. Priority Defined
The right to take precedence over non-covered persons – Depending on the type of service or resource being provided, taking precedence may mean:
Covered person gains access to service or resource earlier than the non-covered persons
Covered person receives service or resource instead of a non-covered person when resources are limited
EXAMPLE:
In a training class that includes 30 trainee slots, 20 participants have been: a) approved for funding, AND, b) enrolled, but the training has not yet begun:
A veteran or eligible spouse who is on a waiting list to be approved for funding would move ahead of  any non-covered persons in that queue
A veteran or eligible spouse who is newly approved for funding would be enrolled before a non-covered person approved at the same time
A newly approved veteran or eligible spouse is not entitled to “bump” a non-covered person who already was approved and enrolled in the class 15

16. How Should Priority of Service Be Implemented?

17. Clarifying Verification - I
The regulations state: “The processes for identifying covered persons are not required to verify the status of an individual as a veteran or eligible spouse at the point of entry unless they immediately undergo eligibility determination and enrollment in a program.”
Therefore, “Self-attestation” of covered person status is sufficient to receive priority of service.
Very important to note that verification does NOT necessarily have to be done prior to providing POS to those stating to be veterans and/or eligible spouses. 17

18. Clarifying Verification - II
The regulations state: “Even in those instances in which eligibility determination and enrollment take place at the point of entry, the Department believes that the covered person should be enrolled and given immediate priority and then be permitted to follow-up subsequently with any required verification of his/her status as a covered person.”
Therefore, “Self-attestation” of covered person status is sufficient for program enrollment .
Verification for Programs/Services that do not allow self attestation must occur no later than the point at which a decision to commit outside resources for the veteran/eligible spouse occurs.
Still must meet eligibility requirements for specific program, but verification of Covered Person status can be done later, depending on services planned and the requirements of the Program.
Additional info: Attachment A of TEGL 10-09 18

19. Clarifying Verification - III
The joint guidance clarifies that, while awaiting verification:
Program staff may provide intensive services to covered persons on a priority basis
Services based on outside resources, such as classroom training may not be provided to covered persons on a priority basis
“Self-attestation” of covered person status is sufficient to receive intensive services but not vendor services such as classroom training.
As stated on the previous slide………… lack of verification does NOT prevent the delivery of all services under POS.
Staff Resources should be provided;
Outside Resources must wait for verification - such as paying for training, education classes, OJT - items outside of grantee staff who are providing services.
All eligibility requirements for the program must have been met.

20. Eligibility Criteria and Priorities
Two Categories of Programs:
Programs with Eligibility Criteria
Universal Access Programs
Two Categories of Priorities:
Statutory (Mandatory) Priorities
Discretionary (Elective) Priorities
When applied varies by Program based on any eligibility requirements and/or applicable priorities.
Are there Specific conditions for participation or open to All?????
‘DISCRETIONARY’ HERE DOES NOT REFER TO “DISCRETIONARY FUNDING’ BUT TO “ELECTIVE/PARTIAL” PRIORITIES!!

21. The Context of Priority of Service
Priority of service is a statutory priority
Priority of service applies to:
Programs with Eligibility Criteria
Universal Access Programs
Priority of service interacts primarily with other statutory priorities (Discretionary priorities are quite rare)
**Discuss more on ‘Eligibility Criteria’ on the next slide………………..

22. Universal Access Programs
Universal Access Programs - Do not include eligibility criteria (e.g., Wagner-Peyser services)
First level of priority - Veterans and eligible spouses
Second level of priority - Non-covered persons
Perhaps the most difficult in determining processes for POS. In person, self service, and electronic access complicate implementation.

23. Programs with Eligibility Criteria
Eligibility Criteria are conditions that all participants must meet, for SCSEP:
Unemployed
55 or older
125% of the federal poverty level or lower
First priority level - veterans and eligible spouses who meet the eligibility criteria
Second priority level – non-covered persons who meet the eligibility criteria
Basic requirements for each and every participant in order to be eligible for services through the particular program. Eligibility criteria are established by Statute.
EXAMPLE SCSEP PROGRAM: AGE, INCOME LEVEL, RESIDENCY, AND NOT JOB READY.**
Since the Secretary has authority under various statutes, in SGA’s issued under the Secretary’s authority, criteria identifying target populations are deemed Eligibility Criteria.

24. Programs with Statutory Priorities
Programs with Statutory Priorities – SCSEP includes statutory priorities:
First Priority - Veterans and eligible spouses who also meet at least one of the other seven statutory priorities
Second Priority - Veterans and eligible spouses who do not meet any of the other seven statutory priorities
Third Priority - Non-covered persons who meet at least one of the other seven statutory priorities 24

25. Program Eligibility and Income
Military income excluded when determining if a veteran or eligible spouse meets a “low income” criterion
Pay or allowances while on active duty
Service-connected disability compensation
VA educational assistance (e.g., “GI Bill”)
Military income not to be excluded when determining if a veteran or eligible spouse meets a “low income” criterion -- pension for military retirees
Detailed listing included in TEGL 10-09, Attachment A

26. Monitoring and Reporting?
What About
Monitoring and Reporting?

27. Monitoring Compliance
Joint monitoring of Priority of Service by:
The Veterans’ Employment and Training Service (VETS)
The DOL agency responsible for the program’s administration and oversight (typically ETA)
If monitoring identifies a failure to comply:
To be handled in accord with the program’s established compliance review processes
A corrective action plan also may be required
The Regulations provide that monitoring of priority of service will be a joint responsibility of VETS and ETA. Guidance is still being developed. 27

28. Key Definition for Reporting
Covered Entrant
A Veteran or an Eligible Spouse who is;
At the “point of entry” to the workforce system or a qualified job training program (i.e., at the initial point of contact, prior to receipt of any services; e.g., an applicant, not a participant)
Programs other than the Six programs previously mentioned - Discretionary Funded Grants/Direct Grants.
Implementation of the New Definitions for Veteran/Eligible Spouse are required for ALL funded programs whenever the Office of Management and Budget next approves your respective data collection/reporting requirements (new or renewal) effective from the implementation date of the Final Rule (January 19,2009) 28

29. Reporting on Covered Entrants
Programs required to report on covered entrants, currently:
Wagner-Peyser State Grants
WIA Adult
WIA Dislocated Worker
WIA National Emergency Grants
Trade Adjustment Assistance
Senior Community Service Employment Program (SCSEP)
For those Programs serving 1,000 or more covered persons per year for the last three years (nationally), Data Collection and Reporting on COVERED ENTRANTS (POINT OF ENTRY) is also required. This requirement has NOT gone into effect yet. Guidance is still being developed. 29

30. Implementing Reporting
For SCSEP, the new definitions have been adopted and reporting on covered entrants was implemented July 1, 2009 (PY 2009)
For Wagner-Peyser, WIA (Adult, Dislocated Worker, and National Emergency Grants), and Trade Adjustment Assistance (TAA), the reporting on covered entrants has been waived for PY 2009 and 2010
ETA and VETS are considering implementing reporting on covered entrants for PY 2011, for Wagner-Peyser, WIA and TAA
Of the Six Programs required to report on Covered Entrants:
Only SCSEP implemented reporting for PY 2009 based on a voluntary decision by the ETA staff members responsible for that program. A new reporting system recently was implemented for that program and some refinements to that system are being added for PY 2009.
The other programs have been waived for PY09 and implementation is on hold, possibly through PY10. 30

31. U.S. Department of Labor Employment and Training Administration
Questions??