STATEMENT OF
PETER S. GAYTAN, DIRECTOR
VETERANS AFFAIRS AND REHABILITATION DIVISION
THE AMERICAN LEGION
MAY 12, 2005Mr.
Chairman and Members of the Subcommittee:
The American Legion appreciates this opportunity to share its views on
the performance of Department of Labor’s (DOL) Veterans’ Employment and
Training Service (VETS), its resource needs, and review the state grant
program which funds Disabled Veteran Outreach Program Specialists (DVOP)
and Local Veterans Employment Representatives (LVER).
The mission of VETS is to promote the physical, emotional and economic
security of America’s veterans. The vision of the VETS program is to
create a seamless transition back to civilian life for veterans. The
American Legion views the VETS program as one of the Federal
government’s best-kept secrets. It is composed of many dedicated
professional veterans who struggle to maintain a quality veteran
oriented program. However, the VETS program is presently lacking in
adequate funding, resulting in a reduction in staff and services.
Every year 250,000 service members are discharged from the Armed
Services. These former service personnel are actively seeking either
employment or the continuation of formal or vocational education. The
VETS program offers:
• Creative outreach designed to improve employment and training
opportunities for veterans.
• Information in identifying military occupations requiring licenses,
certificates or other credentials at the local, state, or national
levels, and seeks to
• Eliminate barriers faced by former service personnel, transitioning
from military service to the civilian labor market.
President Bush’s FY 2006 budget request for the VETS is $224 million.
This marks a modest $3 million increase from the final funding allocated
in the FY 2005 Omnibus Appropriations bill.
The American Legion remains steadfastly supportive of VETS within DOL as
administered by the Assistant Secretary of Labor for Veterans’
Employment and Training (ASVET) and the critical role each program
continues to have in the lives of America’s veterans and their families.
The American Legion recommends $339 million for the Veterans’ Employment
and Training Service in fiscal year 2006. This would provide funding for
the State Grants for LVERs and DVOPs, the National Veterans Training
Institute (NVTI), the Homeless Veterans Reintegration Program (HVRP),
and the Veterans Workforce Investment Program (VWIP).
With the enactment of Public Law 107-288, the “Jobs for Veterans Act,”
The American Legion remains skeptical as to whether VETS will improve
employment and training services to meet the needs of the local
veterans’ community. Especially since VETS has not reported to Congress
progress made by the implementation of Public Law 107-288. The American
Legion has some serious concerns with the implementation of the new
approach to local staffing levels and job performance standards.
The American Legion is concerned that the rate of job placement of
veterans, training programs and other vital services has decreased.
Under the previous performance data reporting system veterans seeking
employment and those entering employment could only be counted after a
mediated service was provided. Under the current system individuals only
have to register and enter the employment system to be counted as an
assisted veteran, thereby giving the false impression that the One Stop
Career Centers are doing a better job of finding employment and training
opportunities for veterans.
A General Accounting Office report (GAO) of October 30, 2001, noted,
“VETS need the legislative authority to grant each state more
flexibility to design how this staff will fit into the one-stop center
system.” Some DVOPs and LVERs are reporting that they spend 90% of their
time assisting non-veterans while only spending 10% of their time
assisting veterans seeking employment. In some states several part-time
LVERs and/or DVOPs are assigned to the same office in a metro area.
Also, converting current full time LVERs and DVOPs to part time
employees drastically limits the effectiveness of the program. Still
others are so over tasked with clerical duties and office administration
that they have little time to provide much-needed outreach to
job-seeking veterans. Stronger oversight needs to be provided to ensure
that DVOPs and LVERs are given the resources needed to provide the
services for which they are responsible.
The American Legion is concerned with not only how employment services
are delivered by the One Stops, but also with veterans receiving
priority of services as outlined by the 2002 Jobs for Veterans Act. The
American Legion is pleased to hear from Department of Labor (DOL)
officials that veterans are receiving priority of service. However, VETS
has not published any data for determining how effective its priority
veteran services are, nor have they reported to Congress on any progress
made in regards to the implementation of key aspects of the 2002 Jobs
for Veterans Act. The American Legion is concerned that the current
reporting time frame reflects a six-month delay. The American Legion
strongly recommends a revision of existing VETS reporting requirements
for measuring performance standards and for determining compliance with
requirements for providing employment services to veterans. The rolling
quarter reporting system should be administered in a timely manner to
better project the employment services being sought by veterans and to
more accurately reflect the efforts of DVOPs and LVERs.
The Front Line Warriors
The LVERs and DVOPs are the heart and soul of VETS. The unique roles of
these two programs are outlined in Title 38, Chapter 41, United States
Code. However, annual underfunding and understaffing have limited the
success of these programs.
The role of VETS is to augment local employment service offices and
handle the hard-to-place veterans, not just any veteran that walks in
the door. Clearly, an LVER is required to effectively perform many
different roles. A quick review of the LVER’s role:
• Ensure veterans are receiving quality services from local employment
services employees;
• Maintain regular contact with community leaders, employers, labor
unions, training programs, and veterans’ service organizations;
• Provide directly or facilitate labor exchange services to eligible
veterans;
• Job development with employers and labor unions – to include
on-the-job training and apprenticeship programs;
• Promote and monitor the participation of veterans in federally funded
employment and training programs;
• Monitor the listing of jobs and subsequent referrals to Federal
contractors;
• Work closely with VA’s Vocational Rehabilitation Program;
• Refer veterans to training, supportive services, and educational
opportunities;
• Assist in securing and maintaining current information on employment
and training opportunities;
• Assist in identifying and acquiring prosthetic and sensory aids and
devices needed to enhance employability of disabled veterans; and
• Facilitate guidance and counseling service to certain veterans.
The LVER has no counterpart in a local employment service office. The
only supervisory control the LVER has is over any assigned DVOP. As
taxed as the LVER may be, the DVOP’s job is just as demanding. DVOP’s
can be relied on to:
• Develop job leads and job training opportunities through contacts with
employers;
• Promote and develop apprenticeship and on-the-job training
opportunities with employers;
• Carry out outreach activities to locate veterans in need of job
assistance;
• Provide assistance to employers in securing job training opportunities
for eligible veterans;
• Assist local employment services office employees with their
responsibilities for serving veterans;
• Promote and assist in the development of entry-level and career job
opportunities;
• Develop outreach programs with VA Vocational Rehabilitation (VOC
Rehab) Program participants;
• Provide case management.
Like the LVER, DVOPs have no counterpart in the local employment service
office. The American Legion believes these two federal programs were
designed to support local employment service office personnel, not
supplant nor integrate. VETS must retain complete autonomy in order to
be successful. Through the creation of these positions, Congress sought
to assure:
• All veterans received priority of service;
• Certain veterans received extensive case management;
• Employers hire veterans;
• Outreach activities recruited and assisted chronically unemployed or
underemployed veterans;
• Close contact was established and sustained with the veterans’
community;
• Effective marketing of federal and state vocational training
opportunities;
• Monitoring of veterans’ hiring practices by federal contractors; and
• The presence of veterans’ employment advocates throughout the local
community.
The American Legion strongly believes funding levels for DVOP and LVERS
should match Federal staffing level requirements and that they be
allowed to provide service to veterans only. Adequate funding would
allow the programs to increase staffing to offer specialized
comprehensive case management job assistance to disabled and other
eligible veterans.
VETS was created to work with the local employment service office, not
to be incorporated into those offices. Prior to the creation of VETS,
the local employment service offices were failing to meet the employment
and training needs of veterans, especially disabled and minority
veterans. Many veterans were faced with significant barriers to
employment and needed more focused case management and personal
assistance because there was no appropriated funding for veterans. In
the beginning, VETS had the necessary funding and staff to deal
effectively with the employment problems throughout the veteran
population.
With the dramatic increase in the number of veterans from the wars in
Iraq and Afghanistan being discharged and the increasing importance of
the One Stop Centers in assisting all transitioning veterans, the
American Legion strongly recommends that VETS continue frequent
monitoring visits to the centers and provide strict oversight of these
programs. DOL must ensure that veterans receive priority in all DOL
programs and services created specifically for their unique needs.
38 USC, 4103A required that all DVOP specialists shall be qualified
veterans and that preference be given to qualified disabled veterans in
selecting and filling DVOP specialist positions. This provision was
changed by P.L. 107-288, which allows the appointment of non-veterans to
these positions for up to six months with out any justification. For
over 20 years, these positions were filled with veterans and proved to
be a winning combination. The American Legion opposed this change and
urges that this be corrected. The American Legion believes that military
experience is essential to understanding the unique needs of the veteran
and that all LVERs, as well as all DVOPs, should be veterans. In
addition, The American Legion is in strong opposition to part time DVOP
and LVERs because that may lead to limited services to veterans.
Ensuring that the half time DVOP or LVER serves veterans adequately is
difficult and overly dependent on management within the career centers.
Part time positions lead to less than adequate services, create
managerial challenges and should only be allowed with the concurrence of
the DVET in the state.
Additionally, The American Legion recommends adequate funding for the
National Veterans Training Institute (NVTI) budget. The NVTI provides
standardized training for all veterans employment advocates in an array
of employment and training functions. This excellent program helps to
prepare employment service personnel to professionally address the
vocational needs of veterans, especially those with barriers to
employment.
Over the past six years, VETS has endeavored to reinvent itself within
the confines of continued funding constraints, while faced with major
changes made under the Workforce Investment Act. VETS makes up about 15
percent of the system operated in the states by the Employment Training
Administration.
Approximately 56.2 percent of all unemployed veterans are over the age
of 45; therefore, many of these veterans are victims of corporate
restructuring, technology changes, or age discrimination. These veterans
need training to remain in their previous professions or to begin new
careers. Section 168 of the Workforce Investment Act (formerly JTPA
IV-C) is that portion of the statute, which provides for this type of
training for veterans.
For the past three years, this account received $7.5 million in annual
funding, which has allowed the program to continue to operate in only 11
states. This is absolutely unacceptable. There are thousands of veterans
available for work in this new economy, but they may lack marketable
technological skills. The problem is clearly a lack of funding. The only
participants in the specific program are military veterans. The baseline
needs to be at least increased to allow VETS to begin training in all
fifty states. Therefore, The American Legion would recommend $17 million
for Veteran Workforce Improvement Program in FY 2006.
Although P.L. 107-288 requires that veterans receive priority in all DOL
programs, the American Legion urges the reinstatement of the Service
Members Occupational Conversion and Training Act (SMOCTA). SMOCTA was
developed as a transitional tool designed to provide job training and
employment to eligible veterans discharged after August 1, 1990 and
provides an incentive for employers to hire veterans. Veterans eligible
for assistance under SMOCTA were those with a primary or secondary
military occupational specialty that DoD has determined is not readily
transferable to the civilian workforce; or those veterans with a service
connected disability rating of 30 percent or greater.
Eligible veterans received valuable job training and employment services
through civilian employers that built upon the knowledge and job skills
the veterans acquired while serving in the military. This program not
only improved employment opportunities for transitioning service
members, but also enabled the federal dollars invested in education and
training for active duty service members to be reinvested in the
national job market by facilitating the transfer of skills from military
service to the civilian workforce.
The American Legion continues to encourage Congress to reauthorize and
adequately fund SMOCTA. Many LVERs and DVOP publicly praised the
effectiveness of SMOCTA in successfully returning veterans into the
civilian workforce. The American Legion recommends $45 million for
SMOCTA funding in FY 2006. Should SMOCTA not be reauthorized, these
training dollars should be added to Veteran Workforce Improvement
Program (VWIP) job training opportunities.
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