[House Hearing, 111 Congress]
[From the U.S. Government Publishing Office]
STATUS OF VETERANS EMPLOYMENT
=======================================================================
HEARING
before the
SUBCOMMITTEE ON ECONOMIC OPPORTUNITY
of the
COMMITTEE ON VETERANS' AFFAIRS
U.S. HOUSE OF REPRESENTATIVES
ONE HUNDRED ELEVENTH CONGRESS
SECOND SESSION
__________
APRIL 15, 2010
__________
Serial No. 111-71
__________
Printed for the use of the Committee on Veterans' Affairs
U.S. GOVERNMENT PRINTING OFFICE
57-015 WASHINGTON : 2010
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COMMITTEE ON VETERANS' AFFAIRS
BOB FILNER, California, Chairman
CORRINE BROWN, Florida STEVE BUYER, Indiana, Ranking
VIC SNYDER, Arkansas CLIFF STEARNS, Florida
MICHAEL H. MICHAUD, Maine JERRY MORAN, Kansas
STEPHANIE HERSETH SANDLIN, South HENRY E. BROWN, Jr., South
Dakota Carolina
HARRY E. MITCHELL, Arizona JEFF MILLER, Florida
JOHN J. HALL, New York JOHN BOOZMAN, Arkansas
DEBORAH L. HALVORSON, Illinois BRIAN P. BILBRAY, California
THOMAS S.P. PERRIELLO, Virginia DOUG LAMBORN, Colorado
HARRY TEAGUE, New Mexico GUS M. BILIRAKIS, Florida
CIRO D. RODRIGUEZ, Texas VERN BUCHANAN, Florida
JOE DONNELLY, Indiana DAVID P. ROE, Tennessee
JERRY McNERNEY, California
ZACHARY T. SPACE, Ohio
TIMOTHY J. WALZ, Minnesota
JOHN H. ADLER, New Jersey
ANN KIRKPATRICK, Arizona
GLENN C. NYE, Virginia
Malcom A. Shorter, Staff Director
______
SUBCOMMITTEE ON ECONOMIC OPPORTUNITY
STEPHANIE HERSETH SANDLIN, South Dakota, Chairwoman
THOMAS S.P. PERRIELLO, Virginia JOHN BOOZMAN, Arkansas, Ranking
JOHN H. ADLER, New Jersey JERRY MORAN, Kansas
ANN KIRKPATRICK, Arizona GUS M. BILIRAKIS, Florida
HARRY TEAGUE, New Mexico
Pursuant to clause 2(e)(4) of Rule XI of the Rules of the House, public
hearing records of the Committee on Veterans' Affairs are also
published in electronic form. The printed hearing record remains the
official version. Because electronic submissions are used to prepare
both printed and electronic versions of the hearing record, the process
of converting between various electronic formats may introduce
unintentional errors or omissions. Such occurrences are inherent in the
current publication process and should diminish as the process is
further refined.
C O N T E N T S
__________
April 15, 2010
Page
Status of Veterans Employment.................................... 1
OPENING STATEMENTS
Chairwoman Stephanie Herseth Sandlin............................. 1
Prepared statement of Chairwoman Herseth Sandlin............. 35
Hon. Gus Bilirakis............................................... 2
Prepared statement of Congressman Bilirakis.................. 35
WITNESSES
Congressional Research Service, Library of Congress, Christine A.
Scott, Specialist in Social Policy, Income Security Section,
Domestic Social Policy Division................................ 3
Prepared statement of Ms. Scott.............................. 36
U.S. Department of Labor:
Philip L. Rones, Deputy Commissioner, Bureau of Labor
Statistics................................................... 6
Prepared statement of Mr. Rones............................ 50
Hon. Raymond M. Jefferson, Assistant Secretary, Veterans'
Employment and Training Service.............................. 30
Prepared statement of Mr. Jefferson........................ 88
U.S. Office of Personnel Management, Christine M. Griffin, Deputy
Director....................................................... 32
Prepared statement of Ms. Griffin.......................... 93
U.S. Department of Veterans Affairs, Willie Hensley, Principal
Deputy Assistant Secretary, Human Resources and Administration. 33
Prepared statement of Mr. Hensley.......................... 95
______
American Legion, Mark Walker, Deputy Director, National Economic
Commission..................................................... 13
Prepared statement of Mr. Walker............................. 59
Iraq and Afghanistan Veterans of America, Tim S. Embree,
Legislative Associate.......................................... 14
Prepared statement of Mr. Embree............................. 63
National Guard Association of the United States, Colonel Peter J.
Duffy, USA (Ret.), Deputy Director of Legislation.............. 20
Prepared statement of Colonel Duffy.......................... 85
Paralyzed Veterans of America, Richard Daley, Associate
Legislation Director........................................... 16
Prepared statement of Mr. Daley.............................. 71
Reserve Officers Association of the United States, Captain
Marshall Hanson, USNR (Ret.), Director, Legislative and
Military Policy, and also on behalf of Reserve Enlisted
Association.................................................... 19
Prepared statement of Captain Hanson......................... 79
Veterans of Foreign Wars of the United States, Justin Brown,
Legislative Associate, National Legislative Service............ 17
Prepared statement of Mr. Brown.............................. 74
MATERIAL SUBMITTED FOR THE RECORD
Post-Hearing Follow-up Material:
Philip L. Rones, Deputy Commissioner, Bureau of Labor
Statistics, U.S. Department of Labor, to Hon. Stephanie
Herseth Sandlin, Chairwoman, and John Boozman, Ranking
Republican Member, Subcommittee on Economic Opportunity,
letter dated May 3, 2010................................... 99
Congressional Research Service Report for Congress,
``Unemployment Compensation (Insurance) and Military
Service,'' dated April 22, 2010, RS22440, by Julie M.
Whittaker, Specialist in Income Security, Congressional
Research Service........................................... 100
Post-Hearing Questions and Responses for the Record:
Hon. Stephanie Herseth Sandlin, Chairwoman, Subcommittee on
Economic Opportunity, Committee on Veterans' Affairs, to
Christine A. Scott, Specialist in Social Policy, Income
Security Section, Domestic Social Policy Division,
Congressional Research Service, Library of Congress, letter
dated April 20, 2010, and response memorandum dated May 11,
2010....................................................... 104
Hon. Stephanie Herseth Sandlin, Chairwoman, Subcommittee on
Economic Opportunity, Committee on Veterans' Affairs, to
Mark Walker, Deputy Director, National Economic Commission,
American Legion, letter dated April 20, 2010, and response
letter dated May 24, 2010.................................. 106
Hon. Stephanie Herseth Sandlin, Chairwoman, Subcommittee on
Economic Opportunity, Committee on Veterans' Affairs, to
Tim Embree, Legislative Associate, Iraq and Afghanistan
Veterans of America, letter dated April 20, 2010, and Mr.
Embree's responses......................................... 108
Hon. Stephanie Herseth Sandlin, Chairwoman, Subcommittee on
Economic Opportunity, Committee on Veterans' Affairs, to
Richard Daley, Associate Legislation Director, Paralyzed
Veterans of America, letter dated April 20, 2010, and
response letter and attachment dated May 18, 2010.......... 109
Hon. Stephanie Herseth Sandlin, Chairwoman, Subcommittee on
Economic Opportunity, Committee on Veterans' Affairs, to
Justin Brown, Legislative Associate, National Legislative
Service, Veterans of Foreign Wars of the United States,
letter dated April 20, 2010, and response from Eric A.
Hilleman, Deputy Director, National Legislative Service,
Veterans of Foreign Wars of the United States.............. 112
Hon. Stephanie Herseth Sandlin, Chairwoman, Subcommittee on
Economic Opportunity, Committee on Veterans' Affairs, to
Captain Marshall Hanson, USNR (Ret.), Director, Legislative
and Military Policy, Reserve Officers Association of the
United States, letter dated April 20, 2010, and Captain
Hanson's responses......................................... 113
Hon. Stephanie Herseth Sandlin, Chairwoman, Subcommittee on
Economic Opportunity, Committee on Veterans' Affairs, to
Colonel Peter J. Duffy, USA (Ret.), Deputy Director of
Legislation, National Guard Association of the United
States, letter dated April 20, 2010, and Colonel Duffy's
responses.................................................. 117
Hon. Stephanie Herseth Sandlin, Chairwoman, Subcommittee on
Economic Opportunity, Committee on Veterans' Affairs, to
Hon. Raymond M. Jefferson, Assistant Secretary, Veterans'
Employment and Training Service, U.S. Department of Labor,
letter dated April 20, 2010, and DOL's responses........... 124
Hon. Stephanie Herseth Sandlin, Chairwoman, Subcommittee on
Economic Opportunity, Committee on Veterans' Affairs, to
Christine M. Griffin, Deputy Director, U.S. Office of
Personnel Management, letter dated April 20, 2010, and
OPM's responses............................................ 127
Hon. Stephanie Herseth Sandlin, Chairwoman, Subcommittee on
Economic Opportunity, Committee on Veterans' Affairs, to
Willie Hensley, Principal Deputy Assistant Secretary, Human
Resources and Administration, U.S. Department of Veterans
Affairs, letter dated April 20, 2010, and VA responses..... 131
STATUS OF VETERANS EMPLOYMENT
----------
THURSDAY, APRIL 15, 2010
U.S. House of Representatives,
Committee on Veterans' Affairs,
Subcommittee on Economic Opportunity,
Washington, DC.
The Subcommittee met, pursuant to notice, at 2:13 p.m., in
Room 334, Cannon House Office Building, Hon. Stephanie Herseth
Sandlin [Chairwoman of the Subcommittee] presiding.
Present: Representatives Herseth Sandlin, Perriello, Adler,
Teague, and Bilirakis.
OPENING STATEMENT OF CHAIRWOMAN HERSETH SANDLIN
Ms. Herseth Sandlin. Good afternoon, ladies and gentlemen.
The Committee on Veterans' Affairs Subcommittee on Economic
Opportunity hearing on the Status of Veterans Employment will
come to order. I ask unanimous consent that all Members have 5
legislative days to revise and extend their remarks and that
written statements be made part of the record. Hearing no
objections, so ordered.
Today's hearing will provide us an opportunity to review
existing programs to help homeless veterans become employed;
review barriers to employment; discuss hiring authorities; and
learn about possible causes of high unemployment rates among
younger veterans and female veterans. Furthermore, we will hear
from an array of distinguished panelists, who will highlight
the shortfalls of Federal programs while providing
recommendations for us to consider regarding veteran employment
opportunities. While the high unemployment rates among veterans
is disturbing, we will also receive timely updates from
Administration officials highlighting their initiatives to
address the concerns of our veterans population.
I would like to commend President Obama for implementing
Executive Order 13518 to strengthen veteran employment
opportunities within the Federal workforce. I would also like
to commend the various agencies who have initiated new veterans
programs that require no Congressional intervention. These
include the Office of Personnel Management's (OPM) new Feds
Hire Vets Web site, and the Department of Labor's (DOL's)
initiative to expand Job Corps participation to military
veterans.
I look forward to hearing from all of our witnesses here
today. I now recognize our Ranking Member, Mr. Bilirakis, for
any opening remarks he may have.
[The prepared statement of Chairwoman Herseth Sandlin
appears on p. 35.]
OPENING STATEMENT OF HON. GUS BILIRAKIS
Mr. Bilirakis. Thank you, Madam Chair. I appreciate it very
much. Madam Chair, our oversight agenda has covered many
subjects during the 111th Congress. But this may be the most
important. It is no secret that the recession has hit America
hard, and that unemployment rates have stood at record, or near
record numbers, including the rates for veterans. The March
2010 data from the Bureau of Labor Statistics (BLS) shows that
about 50,000, or about 25 percent, of 18- to 24-year old
veterans were unemployed. At the same time about 955,000, or
about 9.5 percent of veterans between the ages of 25 and 64
were unemployed.
While any unemployed veterans is worthy of our assistance,
I see significant differences in these two age groups in terms
of financial resources and financial obligations. For example,
while our younger veterans are likely eligible for either the
Montgomery or the Post-9/11 GI Bill and have fewer financial
obligations, most of the older group has likely passed their
delimiting dates for the GI Bill, or only have access to the
less generous Montgomery GI Bill, or have used up their
entitlement. Older veterans are also more likely to have
financial obligations, such as mortgages and tuition payments.
So these differences raise the policy question of where to
focus whatever scarce resources we have.
Regardless of where we choose to place these resources,
they must be efficiently and effectively applied. During this
recession, Congress has extended unemployment benefits at least
twice. And while softening the blow of losing one's job is
important, I believe that we should view this as an opportunity
to reshape the workforce by retaining the unemployed in skills
that will be in demand as the economy recovers. And that should
begin with our veterans, of course.
It makes no sense to pay people to remain qualified only
for jobs that may never reappear in the economy. For example,
it is no secret that the manufacturing sector, such as the auto
industry, has contracted over the past couple decades. Assembly
jobs have moved out of the traditional manufacturing States to
States with lower labor costs, or moved overseas. That means
that if workers want to remain in the industry where their
skills are needed they must be willing to relocate. Madam
Chair, that was the whole idea behind H.R. 1168, actually which
the Ranking Member introduced, Mr. Boozman, and it passed under
your leadership.
So how do we fix the issue? Because without a massive
reversal of the outflow of jobs, those who have worked in
downsized industries must gain new and relevant skills to once
again be fully and adequately employed. Madam Chair, according
to the Conference Board, an organization which tracks a variety
of business-related data, national employment peaked in the
summer of 2008 at about 138 million, and online help wanted ads
totaled 4.9 million. In February of 2010, national unemployment
totals about 130 million with help wanted ads running at about
4 million. Clearly there are jobs out there and our challenge
is to provide veterans with the skills to fill them.
Here are the Board's top 10 in demand occupations. Number
one, health care practitioners and technical; computer and
mathematical science; management; sales and related; office
administrative support; business and financial operations;
architectural and engineering; health care support;
transportation and material moving; and the last one arts,
design, entertainment, sports, and media.
We have all read the gross statistics and what we now need
to know more about are the whys, as in why are younger veterans
experiencing such high rates? To that end, I look forward to
hearing solutions from our witnesses on how to invest in our
workforce. Thank you, and I yield back Madam Chair.
[The prepared statement of Congressman Bilirakis appears on
p. 35.]
Ms. Herseth Sandlin. Thank you, Mr. Bilirakis. And I want
to thank the other Members of our Subcommittee for joining us
at the hearing. We welcome all of our panels testifying before
the Subcommittee today, and I would like to remind each of our
witnesses that your complete written statements have been made
part of the hearing record. I would ask that you limit your
remarks to 5 minutes so we have sufficient time for followup
with questions once everyone has had the opportunity to provide
their testimony. We have a number of witnesses here today.
Joining us on our first panel is Ms. Christine Scott. She
is a Specialist in Social Policy for the Congressional Research
Service, and Mr. Phil Rones, Deputy Commissioner, Bureau of
Labor Statistics, U.S. Department of Labor. We welcome you both
to the Subcommittee. We look forward to your testimony
highlighting the important research that you have done. I will
recognize Ms. Scott first. You are recognized for 5 minutes.
STATEMENTS OF CHRISTINE A. SCOTT, SPECIALIST IN SOCIAL POLICY,
INCOME SECURITY SECTION, DOMESTIC SOCIAL POLICY DIVISION,
CONGRESSIONAL RESEARCH SERVICE, LIBRARY OF CONGRESS; AND PHILIP
L. RONES, DEPUTY COMMISSIONER, BUREAU OF LABOR STATISTICS, U.S.
DEPARTMENT OF LABOR
STATEMENT OF CHRISTINE A. SCOTT
Ms. Scott. Thank you. Chairwoman Herseth Sandlin, Ranking
Member Bilirakis, and Members of the Subcommittee, my name is
Christine Scott from the Congressional Research Service and I
am honored to appear before this Subcommittee today.
As requested by the Committee, my testimony will focus on
three topics. The current situation for employment of veterans,
barriers to employment, and employment assistance to veterans.
First, the employment situation of veterans. My written
testimony has a figure in several tables related to this and
because of time limitations I will be going through them and
only getting a few of the key points related to each table.
Okay? The additional details about the data and the tables are
contained in the written testimony.
First, figure one shows the monthly unemployment rates
showing a 3-month moving average from January 2006, before the
current economic downturn, through December 2009. As you can
see in the figure, the unemployment rate for Gulf War Veterans,
Gulf War II Veterans, is higher than for non-veterans. And the
unemployment rate overall for veterans of other periods of
service, labeled here as other veterans, is lower than that of
non-veterans.
However, this comparison of the overall unemployment rates
does not show the entire story, what is going on behind the
unemployment rates. As you can see in table one, the highest
unemployment rates across all three groups are for those
individuals ages 18 to 24 and 25 to 34. In addition, as shown
in table two, the largest changes in unemployment rates between
2006 and 2009 are for individuals ages 18 to 24, both males and
females. This is important because 63 percent of the Gulf War
II veterans population is under age 35. This is driving their
unemployment rates.
Between 2006 and 2009, the unemployment rate for male Gulf
War II veterans increased from 6.4 percent 9.9 percent. While
the unemployment rates for male veterans of other periods of
service, and male non-veterans more than doubled. For male
veterans of other periods of service the unemployment rate
increased from 3.4 to 7.9 percent, and for male non-veterans it
increased from 4.4 to 10.3 percent. The unemployment rate for
female Gulf War II veterans increased from 7 to 11.5 percent,
while the unemployment rates for female veterans of other
periods of service increased from 4.9 to 7.0 percent, and for
female non-veterans from 4.3 to 7.8 percent.
Table three shows the unemployment rate by periods of
service, for disabled veterans, those with a service-connected
disability, and non-disabled veterans. While the rates for
disabled and non-disabled veterans are very close, the rates
are higher however for Gulf War I and Gulf War II veterans with
a service-connected disability.
Table four relates to what is considered the long-term
unemployed, that is unemployed 27 weeks or longer. Gulf War II
veterans have a slightly lower percentage that would be
considered long-term unemployed, while veterans of other
periods of service have a slightly higher rate of long-term
unemployment than non-veterans.
Table five shows the percentage for full-time and part-time
for these three groups. Overall, veterans have a higher
percentage full-time employed than non-veterans. However, there
are variances for the youngest veterans, 18 to 24, and for the
older veterans, 65 and older, where the percentage of people
with part-time employment are significantly higher, even for
non-veterans.
Sorry, and I need to go back. Excuse me.
Table six shows the percentage for each group of public and
private industry and self-employment. Overall, Gulf War II
veterans and veterans of other periods of service have higher
percentages employed in the public sector compared to non-
veterans. In addition, Gulf War II veterans have a lower
percentage of self-employed compared to non-veterans. Other
veterans have a higher percentage of self-employed because of
their older age. Self-employment tends to increase with age. As
a result, the overall self-employment rate for veterans of
other periods of service is higher than for non-veterans.
Table seven shows for the Federal Government, the total
Federal workforce that is percentage veterans, and the top 10
executive agencies with the percentages of their workforces
that are veterans. Between 2005 and 2008, the overall
percentage for the Federal Government only increased slightly
from 25.2 to 25.5 percent of the workforce. And the top seven
did not change between 2005 and 2008 in terms of agencies.
Federal agencies have three special hiring authorities
available to them. The Veterans Recruitment Appointment, the
Veterans Employment Opportunity Act, and 30 Percent or More
Disabled Veterans. In fiscal year 2008, depending on the type
of appointment authority, 90 to 95 percent of the special hire
appointments were by the U.S. Department of Defense (DoD), the
U.S. Department of Veterans Affairs (VA), or the Armed Forces
branches.
Next let me turn to barriers to employment. Veterans, like
non-veterans, may face one or more barriers to employment, and
there are a number of different barriers to employment. Four
major barriers are first education and training. A veteran
without the education or training for a specific industry will
have difficulty finding employment in the industry. This is
true for recently separated servicemembers whose military
skills may not translate directly to the civilian industry, and
for older veterans and non-veterans who have worked many years
but are in an industry that is currently in decline.
Second, disability. Disability has many forms. Chronic
conditions, physical impairments, mental impairments, and
addiction issues. Certainly disabilities, such as post-
traumatic stress disorder (PTSD) and traumatic brain injury
(TBI) are more prevalent in veterans than in non-veterans.
Veterans with one or more disabilities will face difficulties
in finding employment and in dealing with these difficulties in
the workplace, with these disabilities.
Third, lack of a mentor and employment network. While
veterans were serving in the military their non-veterans peers
were finding and establishing mentors and employment networks
within their chosen occupation.
Fourth, homelessness. Living without a fixed address
creates a number of challenges in finding and maintaining
employment and research has shown that veterans are
overrepresented in the homeless population.
Last, assistance with employment. The Federal Government
has several programs to assist veterans with employment. Among
them are the transition programs coordinated by the Departments
of Defense, Labor and Veterans Affairs; Department of Labor
grants to State governments for State employments to assist
veterans in finding employment and promoting hiring of
veterans. The Department of Labor also makes grants to
organizations to assist homeless veterans in meeting their
needs to transition back into the workforce. And finally, but
not least, the Department of Veterans Affairs has programs for
veterans with disabilities, including the Compensated Work
Therapy Program and the Vocational Rehabilitation and
Employment (VR&E) Program.
The Department of Labor also operates the America's Heroes
at Work Web site, which provides among other things, fact
sheets and other information for employers and veterans related
to PTSD and TBI in the workplace. There is also the Feds Hire
Vets service, which contains among other things a listing by
agency of the individual within that agency who is responsible
for promoting the hiring of veterans, including their phone
number and email address.
That concludes my testimony. And I will be happy to answer
any questions that Members may have.
[The prepared statement of Ms. Scott appears on p. 36.]
Ms. Herseth Sandlin. Thank you, Ms. Scott. We appreciate
the helpful statistics and your testimony. Mr. Rones? Am I
pronouncing that correctly?
Mr. Rones. That is correct.
Ms. Herseth Sandlin. Very good. You are now recognized for
5 minutes.
STATEMENT OF PHILIP L. RONES
Mr. Rones. Thank you Madam Chair and Members of the
Subcommittee. I thank you for the opportunity to discuss the
employment situation of veterans.
I would like to start by stressing the way that the Bureau
of Labor Statistics views these data that might be a little
different than some others. And what I would caution is that
people be careful in overanalyzing some data that are thin. And
let me give you an example. We have heard about the
unemployment rates of young veterans, and young male veterans.
And in fact, the most recent figure we put out for March, the
unemployment rate was 32 percent. And obviously that is a very,
very high number. But I looked at the whole series of
unemployment rates for that group. And if I go back a year ago,
in successive months, the rates were 14 percent and 34 percent.
Now how does that happen? Out of the roughly 100,000 people
that we interview for this survey each month, only about 80 are
these young veterans. I mean, that is their share of the
population. And maybe 15 of them are unemployed. So we are
extrapolating to a whole population of young veterans based on
the 15 who happen to be unemployed in this month, and maybe 25
next month, or 10 next month. So I would stress that we be very
careful with taking a single month's data. That is why we
prefer looking at annual average data, combining 12 months,
getting a lot more information when we are looking at these
data.
Let me go through a couple of the highlights. I have
submitted both a formal testimony and some slides that back
that testimony up. The one thing that you have to be careful in
comparing the veterans with other groups is that you are
comparing apples and oranges. Demographics are really
important. For example, many recent veterans are fairly young,
and younger people, whether veterans or non-veterans, tend to
have very high unemployment rates. The most salient point I
could make about all our employment statistics is every group
has been very severely hurt by this recession, certainly
veterans included.
We collect data both every month on veteran status and then
some very detailed information once a year, and I should point
out we have actually added a table to our monthly employment
situation report on the status of veterans and non-veterans
quite recently.
In 2009, there were about 22 million veterans in the
population. About half last served in World War II-era, Korea,
or Vietnam periods. So virtually all of them are age 55 and
over and only 3 percent are women. And it is important that
when we look at the labor force status on veterans in general
they take into account that there is a very large portion of
them who are certainly in retirement ages at this point.
About 2 million veterans served during the period
designated Gulf War Era II, accounting for nearly one in 10 of
all veterans. These veterans are young, nearly two-thirds are
under the age of 35, and far more of them are women than in
earlier eras. Eighteen percent are women.
For most age and sex groups employment status does not vary
very much based on veteran status. Male veterans aged 18 to 24,
though, are somewhat more likely to have jobs than their non-
veterans counterparts. And I stress that because very often
people look at the unemployment rates, but the goal in general
is employment. So I ask people to look at the flip side as
well. What proportion of the population actually has jobs?
Veterans of Gulf War Ear II who served in combat or war
zones had employment rates that were similar to those of
veterans who did not serve in combat or war zones. And there
was no statistically significant difference between the
unemployment rate for female and male veterans overall. The
rates were actually 8.0 and 8.1 percent respectively last year.
The jobless rates for female and male veterans of just the Gulf
War II were not statistically different either.
In August, 2009 about 2.8 million veterans, or 13 percent
of the total, reported have a service-connected disability. The
one thing that I would say about the disability statistics is
again look at employment rather than unemployment. And even if
the unemployment rates look similar, what you see for disabled
veterans, as you would with the disabled population in general,
is that the more severe the disability rating the lower the
employment rate. And that to me is the most important
statistic.
And I will leave it at that. And certainly I would be glad
to answer any questions.
[The prepared statement of Mr. Rones appears on p. 50.]
Ms. Herseth Sandlin. Thank you, Mr. Rones, for your
testimony as well, and the charts and statistics that you
provided with your written testimony. If I could start, Ms.
Scott are there key characteristics that could account for the
difference in employment between female Gulf War II veterans
and female non-veterans?
Ms. Scott. The primary difference is going to be age, okay,
in driving a lot of these unemployment rates. For non-veterans
the population is somewhat evenly distributed across the age
groups, and between men and women it is very similar. There are
only a few points difference one way or another until you get
to the 65 and older where there are fewer males. Gulf War II
veterans, females like males, are very young. Okay? When you
get to veterans of other periods of service about 70 percent of
the veterans of other periods of service who are male are 55 or
over, where about 51 percent of the female veterans of other
periods of service are between ages of 35 and 54. Okay? So the
female veterans of other periods of military service are
younger than the males. And that is part of what is driving
their female unemployment rates there.
Ms. Herseth Sandlin. Then specifically on table seven you
list the executive agencies that have the highest percentage of
veterans in their workforce, by the 2 different years. I will
not pose this question to you, but it is interesting that
Department of Justice and Department of Labor go slightly down
the ranks from 1 year to the next, in terms of the chart that
you provide. In the research that you have done, do you have
any reasons why these specific agencies have a higher
percentage than others? I mean, clearly if it is armed forces,
Department of Defense, Department of Veterans Affairs, Homeland
Security, there could be relationship as it relates to interest
and skills that match the agency needs. Do you have other
reasons when you look across all agencies? Are some doing a
better job than others in specifically recruiting veterans?
Ms. Scott. I do not have the research to support any
definitive conclusions as to why it is in one agency more than
the other. I would keep in mind that the Departments of Defense
and Veterans Affairs are among two of the largest in the
Federal Government.
Ms. Herseth Sandlin. I do not know which table off the top
of my head here, but when we looked at public versus private
sector employment, do veterans with a disability tend to work
more in the private or the public sector? Do you have that
information?
Ms. Scott. Not readily available, but I will get back to
the Committee.
[Ms. Scott subsequently provided the following
information:]
------------------------------------------------------------------------
Percentage of Employed Veterans (with a Service-
Employer Connected Disability)
------------------------------------------------------------------------
Private 31.3%
------------------------------------------------------------------------
Public 62.3%
------------------------------------------------------------------------
Self-Employed 6.4%
------------------------------------------------------------------------
Total 100.0%
------------------------------------------------------------------------
Source: Congressional Research Service analysis of August 2009
Veterans Supplement to the Current Population Survey (CPS).
Ms. Herseth Sandlin. Mr. Rones, have you been able to
measure as it relates, I understand the caution that you are
giving us as we look at annual trends and averages versus 1
month, and the age of some of the veterans groups we are
looking at. Are Gulf War II Era veterans unemployed and seeking
employment? Or are they enrolled in school? I mean, are you
able to break down these numbers to give sort of reasons for
the percentages and then who is seeking employment versus who
may be enrolled in courses?
Mr. Rones. Yes, I did notice that the school enrollment
rates for veterans aged 25 to 34 seemed to be a bit lower than
for non-veterans. Or actually, it is not the school enrollment.
It's educational attainment, which are closely related. What
seems to happen, though, is the veterans catch up to the non-
veterans by the time they are in the 30's or so, and that makes
sense.
Ms. Herseth Sandlin. Right.
Mr. Rones. That is, veterans are going to school later.
Ms. Herseth Sandlin. Right.
Mr. Rones. But we do have data on both enrollment status
and educational attainment, and of course age.
Ms. Herseth Sandlin. I may have one or two follow-up
questions, but I would like to recognize the Ranking Member for
questions he may have?
Mr. Bilirakis. Thank you, Madam Chair. I appreciate it. For
the panel, I understand your point about the unemployment has
hit a record high and is very hard. But why are young veterans
experiencing an unemployment rate double their non-veteran
peers? And I understand the sample is low on a monthly basis.
But if you could answer that question I would appreciate it.
Mr. Rones. I think they are not, and that was the point I
was trying to make earlier. If I look at the annual average
unemployment rates, which would be more reliable because there
is just more information going into them. So for 2009, if you
look at 18- to 24-year-old veterans, the rate was 21.1 percent
and it was 16.6 percent for non-veterans. Because, of course,
the veterans and non-veterans have a different gender mix, if I
just look at young men it is 21.6 percent for the veterans and
19.1 percent for the non-veterans. So they are both high. The
veterans are slightly higher. But I think some of the press
reports have gotten that wrong, again, because they focused on
some of that monthly data, which really show some outliers.
Mr. Bilirakis. Ma'am, could you give me your opinion as
well on that?
Ms. Scott. Mr. Rones is correct. The unemployment rates for
Gulf War II veterans overall and for men are only slightly
higher than for comparable non-veterans. For females it is a
little higher, 19.2 versus 13.9 percent. But there is a small
number issue related to female Gulf War II veterans in terms of
overall numbers compared to female non-veterans. So in general,
the rates are higher because they are younger.
Mr. Bilirakis. Thank you. I appreciate that. With regard to
unemployment benefits, does anyone leaving military service
automatically qualify for unemployment benefits in all 50
States? Whoever would like to take that?
Mr. Rones. I am sorry, I do not know the answer to that.
Mr. Bilirakis. Okay, could you please get back to us on
that? We would appreciate that, thank you. Thank you, Madam
Chair. I yield back.
[Mr. Rones subsequently provided the information in a
follow-up letter, dated May 3, 2010, which appears on p. 99.]
[In addition, Ms. Scott subsequently provided the following
information:]
Unemployment Compensation for Ex-Servicemembers (UCX) provides
unemployment benefits while former active duty military
personnel or reservists released from active-duty search for
work. The Emergency Unemployment Compensation Act of 1991 (P.L.
102-164) provided that ex-servicemembers be treated the same as
other unemployed workers with respect to benefit levels, the
waiting period for benefits, and benefit duration. The attached
Congressional Research Service report RS22440, Unemployment
Compensation (Insurance) and Military Service, by Julie M.
Whittaker discusses servicemembers' eligibility for
unemployment compensation in more detail. [The CRS Report
appears on p. 100.]
Ms. Herseth Sandlin. Thank you, Mr. Bilirakis. And that is
a very important question. And so in addition to our witnesses
on this panel taking that question perhaps we might want to
pose that question to some of the other witnesses, too, to see
if anyone joining us here today has that information.
I will just, let us see, let me just pose one more question
for you, Mr. Rones. Why are retired veterans counted as
unemployed?
Mr. Rones. They are not, necessarily.
Ms. Herseth Sandlin. Is there a separate category?
Mr. Rones. There are two concepts that we are getting mixed
up. One is unemployment and the other is non-employment, and I
will tell you the difference. In our labor force survey, people
are characterized in one of three categories. You are either
working, which means we count you as employed, or you are
actively looking for work and available to work if a job was
offered to you; then you are unemployed. Or you are out of the
labor force. So the retired people who are not looking for work
are not counted as unemployed, they are just out of the labor
force and they are not part of that unemployment calculation
because they are not looking for work.
Ms. Herseth Sandlin. Are we capturing everyone, then?
Mr. Rones. Sure. Everyone is in one of those three
categories. You are either----
Ms. Herseth Sandlin. Even, okay.
Mr. Rones. And so in our labor force survey, there is no
upper age limit. We classified people, you know, all the way up
through 99, and the lower age limit is 16.
Ms. Herseth Sandlin. What about someone who enlisted at
18----
Mr. Rones. Right.
Ms. Herseth Sandlin [continued]. Retired after 20, and is
using an education benefit----
Mr. Rones. Well, if----
Ms. Herseth Sandlin [continuing]. After they separate from
service. How are they----
Mr. Rones. Okay, if they are going to school full-time, and
not looking for work, then they are out of the labor force.
They are just like any student would be. Once they start
looking for work, and they might actually do that as a student
as well. But once they are looking for work, and would be
available to take a job, they would be counted as unemployed if
they are not able to find work.
Ms. Herseth Sandlin. Okay. So you do not think we need
another category for the specifically retired?
Mr. Rones. Well, we have that. Among the people who are not
in the labor force----
Ms. Herseth Sandlin. But you----
Mr. Rones [continuing]. We break that out by reason.
Ms. Herseth Sandlin. Oh, you do? Okay. All right.
Mr. Rones. So whether you are retired, or whether it is
largely disabled, household reasons.
Ms. Herseth Sandlin. Okay. All right. Any other questions
for this panel? Okay. Well, I thank you both again for your
testimony highlighting very important research, making
important points as it relates to our interpretation of the
data that is out there in furtherance of the work that we are
looking at. Mr. Teague, I do not know, did you step out and
step back in? I apologize. Let me recognize Mr. Teague for any
comments or questions he has of the panel.
Mr. Teague. I did want to ask, I see, you know, we have
been talking about primarily the males. What about the females?
Have we, what have we been doing to check on them, to separate
them out?
Mr. Rones. Well, as I think Ms. Scott mentioned a moment
ago, the unemployment rates for young veteran females seem to
be a bit higher than those for non-veterans. But there is a
double caution. You know, the problem that I said about the
young men, well only 18 percent of these young veterans are
women. So we are looking at smaller and smaller cells.
Literally every month we might have no more than a handful of
female unemployed veterans in the sample, and this is the
largest sample survey there is. You know, we are surveying
100,000 people a month. But these are very, very small groups.
Mr. Teague. Well, and I understand that. But, you know, you
are talking about 100,000 a month. And, you know, for the
national unemployment they do 460,000 a week. And, I mean, they
have them fill out paperwork and everything, too. So can we get
that information and get a broader spectrum so that we can take
care of them?
Mr. Rones. I do not know whether the, you are talking about
the unemployment insurance system, which is really unrelated to
the labor force survey that I have been discussing. I do not
know whether on intake to the unemployment insurance system
they have that information on veteran status.
Mr. Teague. It will just be one more question. And if it is
a different set of information we should still be able to get
privilege to it.
Mr. Rones. I am sure, I am sure the Employment and Training
Administration that administers that program would be happy to
let the staff know what information they have about
unemployment insurance claims. I have never seen anything out
of that program on veteran status, but Bureau of Labor
Statistics is not involved. So I could be wrong about that.
Mr. Teague. Okay, thank you.
Ms. Herseth Sandlin. Just remind me again, the double
caution there, what was the annual average for female Gulf War
II veterans? How did that compare to female non-veterans?
Ms. Scott. For 2009, the annual average for female Gulf War
II veterans was 11.5 compared to 7.8 for female non-veterans.
For 18 to 24 it was 19.2 percent for female Gulf War II
veterans, and 13.9 percent for female non-veterans. But there
is a difference in the population, as noted by Mr. Rones. Only
18 percent of the Gulf War II veterans are female, where almost
50 percent of the non-veterans are female.
Ms. Herseth Sandlin. Except it is a similar gap. Right? I
mean, you just gave me the annual average for all female
veterans
Ms. Scott. Right.
Ms. Herseth Sandlin. Female veterans versus female non-
veterans. But then when you break it down to the 18 to 24, you
are looking at a four point gap.
Ms. Scott. Six point gap.
Ms. Herseth Sandlin. A five or six point gap. I mean, so
there is something that we need there is something going on in
terms of overall and this specific age group where I do not
think you have the same in terms of, well it is, it is about a
five point gap in terms of overall the 18 to 24, not breaking
them down male to female. I think this has been very helpful,
and we appreciate the caution. I think there is in the other
panels that we will be hearing from some justification of
causes for the gap that exists. You know, some that we can
speculate on, some that we have seen in some of the testimony.
But again, informing sort of gaps in certain programs to reach
and do more effective outreach to try to find employment for
our female veterans, regardless of age group.
I appreciate again your testimony, and we appreciate your
being here today. Mr. Teague has another followup for the
panel?
Mr. Teague. Yes, thank you. I'm sorry. First, I am sorry, I
want to thank you for holding this hearing because I think it
is very important. I want to thank you for testifying. I
appreciate that. But I do want to point a couple of things that
I just want to be sure that everybody takes a look at it from
my perspective one time.
Even though we are talking about 7.8 to 11.5, you know,
that is two to one. As is the 19 to 13. That is, you know, 50
percent more in our veterans. And I do not know if that, you
know, a while ago you said there was a bit of difference. I did
not think that 50 percent was a bit. I thought it was pretty
substantial, even if we are talking about a small group. Thank
you.
Ms. Herseth Sandlin. Again, thank you for your testimony,
and your service in each of your agencies that informs not only
our Committee's work but so many across the different
Committees here in the U.S. House of Representatives. Thank you
for being with us today.
I would now like to ask the second panel to join us at the
witness table. Joining us is Mr. Mark Walker, Deputy Director
of the Economics Commission for the American Legion; Mr. Tim
Embree, Legislative Associate for the Iraq and Afghanistan
Veterans of America (IAVA); Mr. Richard Daley, Associate
Legislative Director of the Paralyzed Veterans of America
(PVA); Mr. Justin Brown, Legislative Associate, National
Legislative Service for the Veterans of Foreign Wars of the
United States (VFW); Mr. Marshall Hanson, Director of
Legislative and Military Policy, Reserve Officers Association
of the United States (ROA); and Colonel Peter Duffy, Deputy
Director of Legislation, the National Guard Association of the
United States (NGAUS).
Welcome to all of you gentlemen. We appreciate having you
back to the Subcommittee. We look forward to your testimony on
this very important topic today. Mr. Walker, we will start with
you. Again, all of your written statements have been entered
into the hearing record so you will each be recognized for 5
minutes.
STATEMENTS OF MARK WALKER, DEPUTY DIRECTOR, NATIONAL ECONOMIC
COMMISSION, AMERICAN LEGION; TIM S. EMBREE, LEGISLATIVE
ASSOCIATE, IRAQ AND AFGHANISTAN VETERANS OF AMERICA; RICHARD
DALEY, ASSOCIATE LEGISLATION DIRECTOR, PARALYZED VETERANS OF
AMERICA; JUSTIN BROWN, LEGISLATIVE ASSOCIATE, NATIONAL
LEGISLATIVE SERVICE, VETERANS OF FOREIGN WARS OF THE UNITED
STATES; CAPTAIN MARSHALL HANSON, USNR (RET.), DIRECTOR,
LEGISLATIVE AND MILITARY POLICY, RESERVE OFFICERS ASSOCIATION
OF THE UNITED STATES, ALSO ON BEHALF OF RESERVE ENLISTED
ASSOCIATION; AND COLONEL PETER J. DUFFY, USA (RET.), DEPUTY
DIRECTOR OF LEGISLATION, NATIONAL GUARD ASSOCIATION OF THE
UNITED STATES
STATEMENT OF MARK WALKER
Mr. Walker. Madam Chairwoman, Ranking Member, and
distinguished Members of the Subcommittee, thank you for the
opportunity to submit the views of the American Legion
regarding the status of veterans employment.
With the high veterans unemployment rate, particularly
among younger veterans, there is an immense need to ensure that
veterans are getting trained and are afforded ample
opportunities to succeed in this unstable job market. The
American Legion is eager to see the Department of Labor
Veterans' Employment and Training Service (VETS) expand its
outreach efforts with creative initiatives designed to improve
employment and training service for veterans and increase
training opportunities, support, and options for veterans who
seek entrepreneurial careers. The American Legion seeks
legislation that will transfer all disabled veteran outreach
program specialists and local veteran employment
representatives from the State agencies to VETS program for
supervision and oversight in order to ensure that the
individuals employed to serve veterans are not used for other
programs.
Also, the American Legion supports new legislation, H.R.
929, that would authorize $60 million for the next 10 years to
fund a program modeled after the highly successful
Servicemembers Occupational Conversion and Training Act, SMOCTA
for short. SMOCTA was a unique job training program because
there was a job for the veteran among completion of training.
Many local veterans employment representatives and disabled
veteran outreach program specialists publicly praised the
effectiveness of SMOCTA because it successfully returned
veterans to the civilian workforce. In addition, many veterans
prefer traditional employment and/or require employment for
personal or family reasons.
The American Legion recommends that flight training,
correspondence schools, vocational schools programs and on the
job training programs be included in the Post-9/11 GI bill.
This would allow veterans who are seeking traditional
employment the opportunity to get into the civilian workforce
sooner. The American Legion believes that veterans should never
be limited in the manner they use their educational benefits.
Furthermore, the American Legion supports efforts that require
DoD to take appropriate steps to ensure that servicemembers may
be trained, tested, evaluated, and issued any license or
certification that may be required in the civilian workforce
prior to separation. The American Legion believes that Federal
employment programs that are adequately funded, staffed and
supervised, along with the clear message to the private sector
that employing veterans is good for business, will make a
significant difference in veterans obtaining gainful
employment. America's veterans deserve no less than ample
opportunities for success in the civilian workforce.
Again, thank you for the opportunity to submit the opinion
of the American Legion on this important issue.
[The prepared statement of Mr. Walker appears on p. 59.]
Ms. Herseth Sandlin. Thank you, Mr. Walker. Mr. Embree,
welcome back to the Subcommittee. You are now recognized.
STATEMENT OF TIM S. EMBREE
Mr. Embree. Thank you, ma'am. Madam Chairwoman, Ranking
Member, and Members of the Subcommittee. On behalf of Iraq and
Afghanistan Veterans of America's 180,000 members and
supporters, I would like to thank you for inviting us to
testify before your Subcommittee today.
My name is Tim Embree and I served two tours in Iraq with
the United States Marine Corps Reserve. The status of veterans
employment is a critical issue facing many Iraq and Afghanistan
veterans as they come home. IAVA welcomes the opportunity to
discuss this issue with you.
IAVA recommends a comprehensive veterans employment bill,
consisting of job placement, job protection, and job training.
Our full recommendations are enumerated in my written testimony
which has been submitted to this Committee. The experience of
previous generations of veterans suggests that today's veterans
may continue to struggle for years to come if we do not act
now. Unemployment rates among new veterans are staggering and
continue to rise dramatically. According to the Bureau of Labor
Statistics, in 2009, the average unemployment rate for Iraq and
Afghanistan-era veterans was 10.2 percent. As of March 2010,
that number is up to 14.7 percent. IAVA member named Will is
one of the unemployed making up this 14.7 percent. Will also
served in the Marine Corps. He was an aviation electronics
technician with a top secret security clearance. You would
think this would make him a potentially attractive hire in the
tech economy. But he has been unemployed since he left the
service nearly 4 months ago. Will has applied with the VA, the
California Employment Development Department, and several
aerospace companies. He has applied at companies like Best Buy,
Dish Network, and Direct TV. With no end to his unemployment in
sight, Will has begun applying for minimum wage jobs despite
years of dedicated service, leadership experience, and
impressive and specialized skills in the tech industry. Will's
search has been an emotionally and financially draining
process. He is very close to losing his home. Unfortunately, it
is a story playing out in households across the country.
Look around this room. If everyone in this room were a
veteran more than one in 10 of you would be searching for
employment just like Will. Our servicemen and women are doing
everything they were told would make them a valuable asset to
civilian employers. We are failing them because we are not
doing enough. Servicemembers are leaving the military and
finding a civilian marketplace that does not understand them or
their skills, and treats them with indifference. We can and
must do better.
For veterans like Will IAVA recommends job training, job
placement, and job protection. Some of these necessary fixes
include education. It is the best way to ready our veterans for
high quality, high earning jobs. And the new GI Bill is the
greatest investment in veterans and their families since World
War II. It could not have come at a better time. Unfortunately,
a significant number of veterans are still excluded from the
new GI Bill. Apprenticeships, on the job training, and
vocational programs are excluded from the new GI Bill but are
so vital to veterans' job training. IAVA believes the Post-9/11
GI Bill should be extended to veterans enrolled in these highly
beneficial programs.
Improve job placement programs by increasing the Department
of Labor VETS budget by $7.3 million for fiscal year 2011. IAVA
is pleased to see the President's budget for fiscal year 2011
is asking for a 14 percent increase in funding for the
Transition Assistance Program, commonly known as TAP. And these
funds must be used to modernize TAP, and the program must be
mandatory for all servicemembers to ensure every separating
veteran receives the job training they need to secure
meaningful employment.
Improving TAP is just one part of the equation. We find
that employers often cannot translate between military
certifications, training and experience to their civilian
equivalents. This is what is holding Will back. If employers
had a real sense of what he brings to the table, they would be
climbing over themselves to hire him. Another example are the
military medics, who have performed difficult medical
procedures under unimaginable conditions, who barely qualify to
drive an ambulance once they transfer back to the civilian
world. IAVA requests a Congressional study on the differences
between DoD and civilian certifications and licenses.
And we must continue to incentivize hiring Iraq and
Afghanistan veterans beyond 2010 and by extending the tax
credits for hiring vets in the American Recovery and
Reinvestment Act. We must protect Guardsmen and Reservist jobs
by fully restoring funding to the Employee Support of the Guard
and Reserve (ESGR) program. It is slated to be cut by 17
percent in fiscal year 2011.
Your hard work has led to successful veterans jobs
programs, such as Vetsuccess.gov, and Warrior Gateway, and
Helmets to Hardhats. We are pleased the VA is reaching out to
potential employers and recruiting them to participate on
Vetsuccess.gov. However, this site should be combined with the
OPM's Veterans Job Site. We need to coordinate efforts.
Our servicemen and women have so much more to offer than
just punctuality and respectful attitude. Our veterans are one
of our Nation's greatest assets. We must treat them as such. I
appreciate this opportunity to speak to you today and welcome
any questions you may have. Thank you very much for your time.
[The prepared statement of Mr. Embree appears on p. 63.]
Ms. Herseth Sandlin. Thank you very much for your
testimony. Mr. Daley, you are now recognized for 5 minutes.
STATEMENT OF RICHARD DALEY
Mr. Daley. Madam Chair, Ranking Member Bilirakis, I would
like to thank you on behalf of the Paralyzed Veterans of
America, a veterans service organization comprised of 20,000
men and women who have honorably served in the military and
have suffered a spinal cord injury or disease.
Employment for our members should be a priority as they
return to civilian life, as it should be for all disabled
veterans, and all those that have served for this Nation. As a
Nation we have an obligation to ensure that those that have
served in defense of this Nation, and those that have been
injured while serving in that role, have all the support, all
the medical care, rehabilitation, and opportunities that allow
them to participate to the best of their ability in civilian
life. This transition back to civilian life would naturally
involve employment.
This Subcommittee, along with the full Committee on
Veterans' Affairs, has addressed many problems of the new
veterans from the current conflict and problems of the veterans
from decades past. With the Congressional oversight and
direction of this Congress, perhaps they can ensure that more
veterans are hired in the Federal Government since the Federal
Government is one of the largest employers in the Nation.
I would hope that a man or woman that honorably served in
this Nation in the military would be the first qualified person
hired by the government. Since the Civil War, Congress has
passed legislation to ensure that veterans would have a
preference when seeking Federal employment. Unfortunately,
these hiring preferences are overlooked when agencies or
Federal programs decide to fill a vacancy or add to their
staff.
The new administration is concerned about the number of
veterans hired in the Federal Government, and has presented
specific marching orders to the agencies to hire more veterans.
On November 9, 2009, the President signed an Executive Order
entitled, ``The Employment of Veterans in the Federal
Government.'' By this time next year we will be able to
determine if the agencies have followed the directions of
President Obama.
Yesterday, I had the opportunity to speak with one of our
replacement counselors that PVA has in their rehabilitation
program about their employment placement initiatives. They are
aggressively placing veterans in full-time jobs and career
positions. I wanted to hear from his perspective about the
success of placing veterans in the Federal Government. He said,
``It's amazing how many hiring personnel in the Federal
Government do not know about the programs to assist hiring
disabled veterans.'' He said that one program that they do not
understand is the Schedule A hiring program. This allows a
Federal agency to hire a disabled veteran without going through
the nationwide recruitment process, which often takes 6 months
to 9 months to hire. I asked the counselor, ``They do not know
about it? Or they just choose to not use it?'' He said, ``Some
people do not know about it, have no knowledge of the program,
while other people do not understand it so they just do not use
it.'' He said that there is a need to be a nationwide
educational process about this program and other programs for
hiring veterans.
It works well for the hiring agencies, the Schedule A
hiring program, because it allows them to hire a veteran, hire
somebody that already worked for the Federal Government, and
been trained by the Federal Government in their occupational
specialty. And they can put this person on the job within 2
months as opposed to maybe 6 or 8 months waiting time.
This issue of not using the Disabled Veterans' Preference
is only one of many reasons why veterans are not being hired.
As this Subcommittee probes into the issue of employment of
veterans, I am hoping that as we learn more about the barriers
to employment that this Congress, along with the Federal
agencies, can make the necessary adjustments to assist veterans
with trying to find employment in the Federal Government.
That concludes my testimony. I am available for questions.
[The prepared statement of Mr. Daley appears on p. 71.]
Ms. Herseth Sandlin. Thank you, Mr. Daley. I appreciate
your testimony and insights. Mr. Brown, welcome back. You are
recognized for 5 minutes.
STATEMENT OF JUSTIN BROWN
Mr. Brown. Thank you, Chairwoman. Madam Chairwoman, Ranking
Member Bilirakis, and Members of this Committee, on behalf of
the 2.1 million members of the Veterans of Foreign Wars and our
auxiliaries, I would like to thank this Committee for the
opportunity to testify. The issues under consideration today
are of great importance to our members and the entire veteran
population.
The VFW believes one unemployed veteran, is one too many.
In these tough economic times, the number of unemployed
veterans has skyrocketed to more than 1 million, with nearly
one in three of our youngest veterans being unemployed. The
remarkable young men and women who put their lives on the line
for our Nation deserve better. Congress needs to invest in the
future of our veterans by providing them with the training,
skills, and the opportunities for a chance at the American
Dream. For this reason, the VFW calls on Congress to create a
comprehensive veterans jobs bill immediately.
Further, we recognize that Congress alone cannot solve this
epidemic of unemployment amongst our Nation's veterans. We urge
Congress to encourage Americans to do their part for these
veterans and help put them back to work.
As with other important issues, Congress has convened
roundtables to explore solutions. We need corporate America,
union groups, governmental agencies, lawmakers, veterans
service organizations (VSOs), and unemployed veterans to
convene for a mission of the utmost importance: getting
America's veterans in the front of the employment line.
According to the Pentagon, 75 percent of today's high
school graduates are unsuitable for military recruitment due to
aptitude, health, or physical conditioning. That leaves a 25
percent pool that is also heavily recruited by industry,
colleges, and universities. Those who volunteer to serve our
Nation are already the best of the best. Their time in uniform
makes them better, more mature, more decisive, and more team
and goal oriented. These are the traits we need to market to
corporate America immediately.
We are all too familiar with military marketing campaigns
that attract talented young Americans to serve their country.
The same commercials that attract young people to slay dragons,
become one person armies, and be a force for good should also
be used to create ideal candidates for American industry and
business. We urge Congress to authorize and fund a marketing
campaign within the Department of Labor selling the value and
the virtues of hiring America's veterans. This should, at
minimum, include public service announcements, television,
print, and internet based mediums combined with outreach to
local chambers of commerce, unions, and job fairs organized by
Members of Congress. The young soldier, Marine, and others who
serve our country pay the price for our government's failure to
push veterans first.
Some have been through a living hell and now just want an
opportunity at the American Dream. Yesterday I received a phone
call from Adrian Johnson, a specialist from Charlottesville,
Virginia. He did logistics-related activities in a deployment
to Afghanistan. He got back 2 days before Thanksgiving, and has
been unemployed since. To quote him, ``There was only one
person from my unit that has really helped me, and that has
been my staff sergeant and his mother. Without her, I would not
even be here right now. I would be dead, to be honest with you.
Nobody really has helped me. I am dealing with PTSD, anxiety,
and the constant worrying about bills and not seeing my kids
has been tremendous. It has been a roller coaster. They say
call different organizations. I am struggling with my pride. It
is a struggle. All I want to do is work. All I want is a job.''
There are more than 1 million similar stories in the United
States. It is time for a comprehensive jobs bill for America's
veterans. The VFW believes there are a number of turnkey items
Congress should include in a comprehensive veterans jobs
package to include: expanding and doubling the work opportunity
tax credit, overhauling the VR&E program, providing funds for a
comprehensive employment campaign, including vocational
training and certifications in the Post-9/11 GI Bill,
increasing servicemembers' ability to transfer their training
and skills, mandating that DOL/VETS do a thorough review of the
Disabled Veterans Outreach Program/Local Veterans Employment
Representatives (DVOP/LVER) program, reforming the VETS-100
filing reports, conducting an annual representative survey of
unemployed veterans, conducting a job fair in every
Congressional district, extending unemployment insurance, and
others that we have included in our written testimony.
The opportunity to create a veterans jobs bill could not be
timelier. There are more unemployed veterans currently than
anytime in recent history. Our Nation's heroes, particularly
our recently separated servicemembers, often have aggravating
factors that tend to make quality employment a more difficult
challenge. These men and women are our Nation's future, and
will be known as the next great generation of war veterans to
build, sustain, and create a stronger United States. We
strongly urge this Committee to do everything in its power, to
be proactive and invest in these men and women today for a
better tomorrow. A veterans jobs bill will get us pointed in
the right direction.
As America's largest group representing combat veterans, we
thank you for allowing the Veterans of Foreign Wars to present
its views on this important matter. Madam Chairwomen, Ranking
Member Bilirakis, this concludes my testimony and I will be
happy to answer any questions you or the Members of this
Committee may have. Thank you.
[The prepared statement of Mr. Brown appears on p. 74.]
Ms. Herseth Sandlin. Thank you for your testimony and
recommendations, Mr. Brown. Captain Hanson, thank you for
joining us. You are now recognized.
STATEMENT OF CAPTAIN MARSHALL HANSON, USNR (RET.)
Captain Hanson. Madam Chairwoman, Mr. Bilirakis, Members of
the Subcommittee, the Reserve Officers Association thanks you
for the opportunity to testify.
Employment and reemployment is a challenge for many young
men and women who are separating from active service. ROA has a
unique perspective on this problem. On June 1, 2009, ROA
established the Servicemembers Law Center with Navy Captain Sam
Wright as its first Director. This is a service provided to all
members of the seven uniformed services, including active,
Reserve, and separated veterans. In just 10 months the law
center has received over 2,000 requests for information on
legal issues. Nearly 60 percent of these were on employment and
reemployment rights. This is a no fee service and does not
provide legal representation, but referrals are made if legal
action is necessary.
As the United States remains involved in overseas
contingency operations, ROA sees the trend of veteran
employment as a growing problem. Even the most patriotic
employer is growing fatigued by nearly 10 years of war. In many
ways the employers of deployed Guard and Reserve members are
subsidizing their defense because they are paying additional
benefits and hiring replacement works. Civilian employers are
affected to a great or lesser degree by the availability of
their workers. The Uniform Service Employment and Reemployment
Rights Act, also known as USERRA, requires that employers make
time available to their Reservists for military training,
forbids hiring discrimination, and mandates job protection.
Many Guard and Reserve members, though, are coming back to find
that there is no job. It should also be remembered, that
members separating from active duty also have the right to
return to the civilian job they had prior to enlistment.
In fiscal year 2011, the Department of Defense opened a
record number 1,437 cases based on veterans complaints about
the violation of USERRA. The Department of Justice also
reported a record number of lawsuits against employers for
failing to give returning Reserve component members their jobs
back. Yet ROA feels that this is just the tip of the iceberg.
Most reemployment cases are being handled by private lawsuit.
Communications continues to be part of this issue. Many
veterans and employers do not know the law, or what their
rights are, as illustrated by the number of calls that the ROA
Law Center receives. The ESGR helps field phone calls and acts
as ombudsman between veterans and employers, but many veterans
do not know what resources are available and quietly surrender,
simply seeking work elsewhere. Additionally, civilian employers
increasingly are choosing not to hire veterans. In a survey by
Workforce Management Research Center, more than half of
civilian employers say they will not hire a Reserve component
member if they knew that a Reservist or Guardsman would be
called up again. USERRA does not provide the depth of
protection that Congress intended. ROA is willing to work with
this Committee to update USERRA to strengthen these
protections.
A characteristic of many returning veterans is that they do
not necessarily want to return to the type of work that they
did prior to deployment. Newly acquired skills and experiences
can change the employment ambitions of a combat veteran. The
Post-9/11 GI Bill provides an opportunity for veterans to seek
new careers paths. ROA encourages this Committee to expand the
GI Bill to include technical schools and apprenticeships as
part of the bill, as has been permitted under the Montgomery GI
Bill.
Another challenge for veterans is how to convert their
military skills and education into a civilian resume. According
to Military.com, 61 percent of employers do not believe that
they have a complete understanding of the qualifications ex-
servicemen offer. And more than three-quarters of these
veterans enter the civilian workforce reporting an inability to
efficiently translate their military skills into civilian
terms. Veterans also feel they lack critical career advancement
skills, like networking and salary negotiations. There is an
ongoing need to assist in programs that help veterans with this
transition.
Last, employers need positive incentives to encourage them
to hire veterans. As employers look to their bottom line, tax
credits for hiring veterans is just one option. While this is
not necessarily under this Committee's jurisdiction, with your
support ROA hopes that proposed legislation, such as the
Veterans Employment Transition Support Act of 2009 might be
considered.
ROA would like to thank the Committee and its staff for its
attention to this critical issue, which has become increasingly
more important and a concern for both veterans and their
families. We look forward to continuing to work with this
Committee and its staff.
[The prepared statement of Captain Hanson appears on p.
79.]
Ms. Herseth Sandlin. Thank you, Captain Hanson. I
appreciate the recommendations. Colonel Duffy, welcome to the
Subcommittee. You are recognized.
STATEMENT OF COLONEL PETER J. DUFFY, USA (RET.)
Colonel Duffy. Thank you, Madam Chairwoman. I would like to
compliment Marshall. He was dead on 5 minutes. That was good
work, Marshall.
I am with the National Guard Association and I appreciate
this opportunity, Ranking Member as well, to testify. I will
defer to my written comments. I would like to amplify a few of
them and briefly discuss the unique background of the National
Guard member, and Reserve member.
When our members return from war they are veterans, but for
the most part they are still drilling members of the select
Reserve. They still have to attend drill. And they are also
subject to redeployment within whatever time that happens. It
could be 2, 3, 4, 5 years. When our members return home and are
unemployed, they have this double whammy. They are veterans,
subject to all the biases that may prevent or discourage an
employer from hiring a vet, but they are also drilling members
of the Reserve with a guaranteed ticket to be redeployed. As
Marshall just said, this discourages employers from hiring
them. It is there. We do not have the stats on that completely,
it is hard to prove this negative, but it is out there. We need
all the help we can get.
We have suggested some initiatives in the writing. The
first one I list is to amend Title 10. It is a little bit out
of the lane, but it does relate to helping veterans here before
this Committee. We recommend amending Title 10 to allow
employers to offer special incentives to members of the Guard
and Reserve to opt out of employer-sponsored health care plans
in favor of TRICARE Reserve Select. We are all going to have to
have health insurance now, but a member of the Guard and
Reserve can be insured under TRICARE Reserve Select at the cost
of $180 a month for a family, and $47.51 for an individual.
That is dirt cheap health insurance. And this may make our
members more competitive as prospective hires if the employer
can have them use their TRICARE Reserve Select coverage and pay
for that with pretax dollars rather than the employer-sponsored
health care plan which surely will be more expensive.
S. 42, it is a bill, only one sponsor, Senator Kerry, in
the Senate. No sponsors in the House. This would repeal the
sunset of very important Servicemembers Civil Relief Act
provisions that were enacted as part of the Housing and
Economic Recovery Act of 2008. What this bill did was extend
the moratorium on charging interest rates in excess of 6
percent on pre-deployment mortgage debt for 1 year post-
deployment. It also stayed any foreclosure sales following
deployment for pre-deployment mortgages from 3 months to 9
months. Very important benefits in a subprime mortgage
environment.
We also urge full Veterans' Preference points for people
who have served honorably in the National Guard and Reserve
domestically. I have attached to my writing the sad story of
Monique Elling, who served 10 years in the Delaware National
Guard, and was denied Veterans' Preference points when she
looked for work because she only had domestic assignments.
Another very important bill that is before the House right
now, H.R. 3554, introduced by Representative Loebsack. It would
amend the Post-9/11 GI Bill to recognize Title 32 active duty
for benefits under that bill. What is Title 32 active duty?
Title 32 active duty is the active duty our Guard members
perform here domestically. If you recall after 9/11, who kept
this country calm while they were close to a state of panic? It
was the National Guard guarding our airports. Who went down to
New Orleans after Katrina and did the bulwark of that operation
down there? The National Guard. Who protected our borders in
Operation Jump Start? The National Guard. Who was flying
missions under Operation Noble Eagle to protect our airspace,
our air pilots under National Guard Title 32 duty. They do not
get benefits under this Post-9/11 GI Bill. They are defending
our country in the truest sense of the word, and some of our
pilots have been up for over 5 years on Title 32 active duty.
They cannot benefit under this bill. It is not right, it is not
fair.
Representative Kaptur, Marcy Kaptur from Ohio, introduced a
bill that has not received a lot of publicity, H.R. 4318. It
would reestablish the Civilian Conservation Corps to employ our
citizens in public works projects on our public lands, and to
relieve the distress of unemployment and homelessness. What a
magnet for veterans. They can work under the most stressful
conditions, and it would give our country a spark of public
service and give our veterans a sense of ownership in improving
this most beautiful of countries.
Also, 30 seconds left, you cannot separate unemployment
from mental health. We have to improve community-based mental
health outreach in all areas for our members and their
families. We have to encourage the use of VA vouchers that will
let our veterans go into the community and fully leverage all
health care facilities in the community. Our civilian health
care providers need to be trained up more thoroughly by the VA,
as Rand recommended years ago.
I am out of time. Thank you very much.
[The prepared statement of Colonel Duffy appears on p. 85.]
Ms. Herseth Sandlin. Well, thank you Colonel. I appreciate
all of our panelists keeping their oral testimony to 5 minutes
to give us plenty of time for questions for the panel.
Let me just start with a question for any of you. Because
some of you touched on it in your written testimony, let us
talk a little bit about the Disabled Veterans Outreach Program
specialists, and the Local Veterans Employment Representatives.
How are they doing? What is your nationwide grade? Do you have
some State-specific concerns? Do you have concerns that this is
mostly a training issue? Is it a resource issue? Is it an
oversight issue? Just give me your thoughts on the DVOPs and
LVERs. Mr. Daley, do you want to start?
Mr. Daley. Madam Chair, I think you hit it on the head. It
is a training issue. It is a resource issue. It is a funding
issue. It is a little bit of all of that.
Ms. Herseth Sandlin. I hoped it was going to be primarily
one of the things I listed, but it is all?
Mr. Daley. Well it is unfortunately, so we have these, I
think I said in my written testimony, these new entries into
State employment. And it is always a veteran, and so they stick
the veteran over there in that position. And I have been to
them recently, I think, four years ago when my job with PVA in
St. Louis ended because of a cash shortage, I, before I came to
Washington, I went to the State of Missouri employment office
and the State of Illinois employment office, and I did not
realize that I had anything different being a veteran and a
combat era veteran than anybody else, other than in some cases
there are six chairs against the wall and the veteran has to go
to chair number two. I have to wait for chair number two to
open up because that is the veterans guy.
But no, they did not, I have never received anything and I
have been to the employment services in the past. When I said
yesterday, when I talked to the fellow yesterday he said, our
counselor, he said that the people do not, they do not really
understand what they are supposed to do. They do not have the
support. And they are out there, he said most of them are
veterans, they kind of believe in what they are supposed to be
doing. But they really do not understand. So it is something
else. And I may have made a reference to the State of Illinois,
since that is where I am from. The State of Illinois has good
employment and good benefits, that is probably why they are
financially in the hole. But, you know, if you go to work for
the DVOPs or LVER and if something else comes up, the
Department of Transportation or something, you bid out. You get
out of that low paying job to get a better career position.
So that is probably where those jobs are at right now.
Unfortunately, and we put, the Nation puts a lot of money, I
think I said $162 million or $164 million a year into that
program. And I do not think we are getting much bang for the
buck.
Ms. Herseth Sandlin. Other comments?
Mr. Walker. Yes, we agree. We seem like the big thing is
oversight. This is a Federal program. This is not a State
program. But the feds office does not have a lot of oversight.
So we believe that the veteran is not getting the sort of the
intensive service that they actually need in order to find
gainful employment, as well as, you know, some of these DVOPs
and LVER has other programs, they are dealing with other
programs that the State is making them do. And so it is just
real checkered about the services veterans are getting. In this
sort of economy they absolutely need the best services in order
to actually be able to obtain this employment.
And also, the LVERs' job is supposed to actually reach out
to employers. That is not happening the way we would like. We
need more aggressive, for them to get out there to make sure
that they are selling these veterans for all the good and the
assets that they would give to an employer, and we see that
that is not happening. So we think that if it is a Federal
program and they get more oversight and supervision that will
be fixed and the veterans will have a lot more opportunities
out there.
Ms. Herseth Sandlin. Just to clarify, Mr. Walker, since
they are Federal resources, I mean, it is a little bit like the
State Approving Agencies. It is a State, they are State
programs that are getting substantial Federal resources.
Mr. Walker. Right.
Ms. Herseth Sandlin. Are there some States that do a better
job than others on implementing the program, and getting a
better return on the investment of the Federal dollar?
Mr. Walker. Yeah, we acknowledge that there are some States
that are doing a better job at this. But, again, we get mixed
signals and mixed reviews about different States we talk to.
And it has become this Federal program, but it is 50 different
programs. And it is just, we do not feel that it is up to par
of what these veterans actually need and deserve to kind of get
out there and receive employment.
Ms. Herseth Sandlin. So your sense is that Department of
Labor, in investing Federal taxpayer dollars into the program,
should have more aggressive oversight, some sort of support,
some sort of sharing of best practices?
Mr. Walker. Exactly, because, because----
Ms. Herseth Sandlin [continuing]. That currently does not
exist?
Mr. Walker. Right. Because right now they make, DOL-VETS
make only 10 percent site visits because of funding and other
issues. And we just really do not know what is going on. And
obviously, it is not too good based on the high unemployment
rate. So we think that is an issue.
Ms. Herseth Sandlin. Any other comments or questions? Yes,
Mr. Brown?
Mr. Brown. Madam Chairwoman, I would absolutely echo my
colleague's concerns. And I think you hit the nail right on the
head. The issue with the DVOP/LVER Program is I do not really
think anybody knows how it is performing. The data is just not
out there. I mean, there is the entered in, entered out rate,
but I just do not think it is just not really giving us a full
picture of the DVOP/LVER issue.
Ms. Herseth Sandlin. Okay. Yes, Mr. Embree?
Mr. Embree. Yes, ma'am. One thing that IAVA is concerned
about this program, but the thing we are concerned about is not
enough funding to run the program that is currently out there.
Right now as of last year they helped over 850,000 veterans.
And so that is real numbers, that is a huge number. And so we
want to see the Department of Labor actually get increased
funding for this program in the form of $7.3 million. We feel
that one of the things is a manpower shortage for the actual
DVOPs and LVERs out there. And so they are not having enough
time, some of these folks are splitting time between helping
veterans and non-veterans. So we see that as major flaw right
now, and we think that the increased funding would be very
helpful to that program.
Ms. Herseth Sandlin. But would IAVA also, in supporting an
increased amount of resources for the program, share and
acknowledge that there are some concerns about again how to
effectively get the return of that dollar, bring more focus,
more oversight, more accountability and more support, knowing
that resources would be necessary to provide that. But is it a
manpower issue plus a training issue?
Mr. Embree. I really cannot comment on the training issue
at this time. I can look into that and form an answer for you
at a later time. But the way we looked at it from, for this
time right now would be the funding issue. But we could look
further into the training issue. And if it is a matter of
accountability, we always encourage more accountability for any
sort of services that are helping veterans, especially
something as important as this.
Ms. Herseth Sandlin. Well, I want to get to Mr. Bilirakis
for his questions. I think we will hear from the Assistant
Secretary in the next panel, some ideas that he has for
improving the services provided. I certainly appreciate the
need for more resources. This Committee has always wanted to be
helpful so as to identifying those that are effectively
providing resources that warrant additional resources. I think
in this instance because of the concerns that are out there
with how the program is currently working, some States doing
better than others, that we may be in a better position to
advocate for additional resources once we identify how can we
better target the services that are being provided and measure
the outcomes. Because in this budget environment, you know,
even with what we see coming from the President and what the
Congress may do, I want to make sure our Committee is in the
best position to advocate for how those additional resources
are going to be effectively used in a program that has been
marred by many complaints.
I will now recognize Mr. Bilirakis.
Mr. Bilirakis. Thank you, Madam Chair. Thank you for your
testimony, panel. Mr. Daley discussed this, regarding the
Veterans' Hiring Preference. I would like to ask the panel,
what should we be doing differently to improve matters?
Colonel Duffy. I will answer quickly, as I did in my
testimony. Any National Guard or Reserve member who serves
honorably should be given the Veterans' Preference, period. One
of my brothers in the Military Coalition says that when a
person joins the Guard and Reserve they give the government a
blank check to do with them what the government pleases,
because the government chooses not to deploy them overseas
should not deny them the Veterans' Preference.
Mr. Bilirakis. Anyone else? Sure.
Mr. Embree. Yes, sir. Thank you for the question. When it
comes to Veterans' Preference, especially for Federal hiring,
we still have a lot of questions. IAVA has really had a hard
time trying to figure out what is the actual scale this five or
10 point Veterans' Preference, where does that fall in? I had
local government experience and I remember from doing hiring
and contracts, when you had contracts you had a scale. Certain
things counted for certain points. But when you talk about
hiring someone there is a lot of matter that is up to how the
interview goes, and certain things that are not very tangible.
You cannot write down, you cannot say, ``This person walked in
so they get five points. This person knows how to read so they
get 10 points.''
And so that is one of the things we have a problem with
because for a long time folks just talked about the five and 10
point preference. We want to see an actual preference on paper
showing what is the value, how does this help these veterans
get to the top of the list? We feel that the current program
that OPM is pushing out is a great start. And we are very
encouraged by DOL and OPM and the programs they have been
working on. We feel that we are moving in the right direction.
But at the same time we want to make sure that all Federal
hiring does include veterans and does take, you know, give a
preference to veterans who have served recently as well as
veterans that served 20 years ago.
If you look at the Federal Government and the amount of
veterans working in the Federal Government, if you remove the
VA, and you remove the DoD, there is not a whole lot of
veterans working in the Federal Government. And the VA and the
DoD, that kind of makes sense. Veterans would want to serve
other veterans, and veterans want to stay in the DoD. But when
it comes to the rest of the Federal Government, you have these
highly trained, highly skilled, very qualified veterans that
are not given job opportunities that are phenomenal assets and
would do phenomenal work throughout all of government. And so,
we really want to see that encouraged.
Captain Hanson. In the testimony it has been mentioned how
veterans oftentimes have difficulty matching skill sets up with
jobs that they are applying for. The new program that started
this past September is taking servicemembers through the needed
steps to acquire a Federal job upon leaving the military. So
this is taking Veterans' Preference step further because their
skills are assessed to determine what kind of work they can do
and they are matching up these skills with the potential
positions in Federal service. This is the direction that the
Reserve Officers Association would love to see this program go,
where we are proactively working with veterans and basically
finding job placements within the Federal Government to ensure
Veterans' Preference.
Mr. Bilirakis. Yes, sir?
Mr. Brown. Thank you for the question, Congressman. And if
I could just add to this, I agree absolutely with all my
colleagues. Particularly what Tim said, if you take DoD, the
Department of Homeland Security (DHS), and VA out of the
picture, you are really looking at a bleak Federal employment
picture. And I think we can look at minor changes. We can say
if we do this to Veterans' Preference, we are going to see
better employment. But I think the reality is we need from the
top down, buy on. And, that is from the secretaries, that is
from, I just saw Secretary Salazar in the elevator on the way
here. Not to put him on the spot or anything I said I was going
to a veterans employment hearing. And he said, ``Well, we are
going to hire some veterans.'' I laud that. But that is the
type of attitude we need. We need it coming from the top down,
to the hiring managers, to the human resources folks. We need
them to know what the laws are so that when they do have a
veteran and he clearly has Preference that they know what to do
and how to apply those Preferences so that we can get more
veterans employed into our Federal Government.
But what I would urge you to consider as well is that the
crux of this problem is not going to lie in hiring veterans
through our Federal Government. We have to get more veterans
hired in the private sector if we are really going to attack
this issue. And we really need Congress' help, and that is why
we are calling for a comprehensive jobs bill. That is why we
are calling for more money for a marketing campaign. I know Ray
Jefferson, and that is what we really need to get these guys
employed. Thank you.
Colonel Duffy. Let me pick up from that very quickly. I
believe a bill was introduced earlier this session by
Representative Smith from Washington that would require
military construction contractors to hire a certain percentage
of veterans before they give them the contract.
Mr. Bilirakis. Thank you very much. I yield.
Ms. Herseth Sandlin. Thank you, Mr. Bilirakis. Just a
couple of quick follow-up questions. Let us talk just briefly
about USERRA protections, particularly for Reservists. Two
years ago we had a field hearing in Mr. Donnelly's district in
Indiana where we had front and center a case that we believe
exists among many others out there, where our Reservists in
particular, because they are not on active duty base and they
do not have an advocate like their State adjutant general or
others from the unit, you know they tend to be more dispersed.
They are being called up to fill in terms of the cross
sectioning that goes on to fill the units that are being
deployed. If we could talk a little bit more about everyone's
thoughts following up on Captain Hanson's comments about
updating and strengthening USERRA protections?
But also then focusing on the Transition Assistance
Program. As you know, Mr. Boozman and I have focused a lot of
our field hearings and other hearings here in Washington on
TAP, how effective it is, is it reaching enough people or
should it be modernized? How do you expand the time of
opportunities? Should it be mandatory? Another area that I
think the Assistant Secretary is looking at that had come as
recommendations from some of the field hearings that we had
done as well is should spouses be involved? To get to Mr.
Brown's point about expanding the network and empowering the
separating servicemember to know what is in store in the
civilian workforce, in the private sector, how to market him or
herself. But also, is there something that we could modernize
within TAP? Or with the DVOPs and the LVERs? Again, using all
the existing tools that we have to network more effectively
with employers large and small in the private sector.
Colonel Duffy. I will start on that one, too. In the
National Guard we use the Transition Assistance Advisor
program. We have 62 nationwide. We are currently trying to
expand that to 300. This is not a Web site, this is not a
powerpoint. This is a live person who interacts with Guard
members and families prior, during, and post-deployment to make
them knowledgeable about what the VA has to offer. One of our
issues in the Guard is that our members, first of all they do
not enroll as uniformly as they should and they do not know
what is out there. We like this program but we need more
interactivity on a personal basis. PowerPoint tends to anger
the recipients of it.
Captain Hanson. In fact in the field it is called death by
PowerPoint. The Yellow Ribbon Program that exists with the
Guard and Reserve is proving to be very effective for units,
because the commander tends to have the power to encourage
their people to participate. In fact, many of the leadership
out in the field have kind of overlooked the Pentagon's
directive of not touching individuals for 6 months but
requiring them to actually come in and participate, including
families that occur. One problem that does occur that
challenges all the services, is the lack of funding for travel
and lodging for the families themselves. And we find that they
are the great enablers when it comes to any of the benefits for
transition, to get the serving member to actually participate
and respond because when spouses and family members, that can
extend to parents and less immediate families, are the ones
that can see the telltale signs when individuals have trouble
mentally or employment, depression, things like this, and can
do the correction. And this in the long term helps the military
when it comes to the Guard and Reserve. Because you want to
retain these people and not lose them just because they get
into a sorry state.
As far as, well the other point I want to make on the
Yellow Ribbon program is the ones that fall through the cracks
are the individual augmentees. The ones that the Colonel
mentioned that are cross assigned in, they do not have a unit
to go back to. So encouraging them to participate is the
biggest challenge that is faced with these programs. Because
they are isolated, they are by themselves. And I think when you
look at all the problems that veterans face, that it is that
isolationism that has to be overcome. And it is probably key
with all these issues to improve upon the communications to get
the word out to these people as well.
Ms. Herseth Sandlin. Any other comments on TAP or USERRA
protection? If you like, you can always submit it in writing as
well if you do not want to take the question now. Mr. Embree.
Mr. Embree. Yes, ma'am. Actually thank you for asking about
these two programs. Because if you notice one thing that we all
are harping on, or just a couple points, and one is this whole
problem needs to be attached in a comprehensive manner. It just
cannot be a tax credit to employers. It has to be support of
the ESGR which is, you know, the Employer Supports Guard and
Reserves. And a program like that is so important because it
helps get the private sector on what the Guard and Reservists
do offer. You know, it has to be everything from job training
through the Post-9/11 GI Bill, and through vocational schools,
and OJT programs. It has to be job placement, which is what the
TAPS program should be getting you ready for, and the DVOPs and
LVERs should be helping to find jobs and place you in those
jobs. And it should be job protection. That is USERRA. So
USERRA needs to protect the National Guard and it needs to
protect the Reservists just the way it does for everyone else.
If you are on domestic response you need to be covered just as
if you were deployed on Federal orders overseas.
So there are a lot of simple solutions that we see, but we
also understand how tough it is to get these implemented. In my
testimony that I have turned in we have a couple of things,
such as we need to make sure that there are civil and criminal
penalties for the employers that are abusing USERRA and USERRA
violations. And also from a former Reservists I remember
dealing from both times I came back from deployment a lot of my
junior Marines had no idea what USERRA was or how to file a
complaint. They just said, ``Hey, you know what, they got me. I
lost my job, I've got to find a new one.'' So there is a lot of
bad information out there and a lot of folks just do not know.
Colonel Duffy. Let me mention this very briefly. Legal help
is scarce in the private community to help our members enforce
the USERRA rights, or rights under the Servicemembers Civil
Relief Act. Our attorneys are not trained up in the civilian
world. They are not fee producing cases. It is tough to get
them to take them. One idea that is being piloted in Maine, and
I think also in Kansas, is to get the Legal Services
Corporation, which is a free legal services program overseen by
Congress, to have specialists who can deal with veterans and
military issues. If they can get trained up and get competent
they can represent folks when they have to go to court, or have
the threat of going to court to enforce USERRA. And if this
catches on it might be a very inexpensive way to afford our
members legal counsel that can effectively go to court. Our
Judge Advocate Generals (JAGs) are not going to go to court,
and our JAGs are spread thin. And it is tough to get the
civilian attorney world to take these cases.
Captain Hanson. And the challenges and resources when you
come to the Department of Labor, Department of Justice, and
even the employers part of the Guard and Reserve, is the fact
that the potential is overwhelming. And this is why we need to
find ways to improve the laws to encourage the private sector
to assist our returning Guardsmen and Reservists. ROA has
included in our written statement a number of recommendations.
In addition, as I mentioned, we have Captain Sam Wright working
in our Law Center. For those of you who may not know, Sam
helped write the USERRA law back in its original state. And if
at any point in the future, in a hearing or a sit down meeting,
you want to have us bring Sam Wright over to discuss details
with you, he will talk your ear off. Because you ask him the
time, he will tell you how to build the watch. So we can build
a better USERRA if you want to go that direction.
Ms. Herseth Sandlin. I want to recognize Mr. Bilirakis for
one final question and then we will need to wrap up. We are
going to have a series of votes, so I want to get to the
testimony of our third panel. Mr. Bilirakis.
Mr. Bilirakis. Thank you. Thank you, Madam Chair. One
question, do the Guardsmen and the Reservists receive TAP
before they are deployed? And do you recommend it if they are
not receiving it?
Captain Hanson. Both the Guard and Reserve go through
several stages. They go through a demobilization station where
they are given a lot of TAP information. But the problem they
face is information overload. This is why in the follow-up
program of the Yellow Ribbon, inviting the families along.
Because the family members tend to take very extensive notes
even though the eyes of the Guardsmen or Reservists may glaze
over from ongoing briefings that they have received.
Colonel Duffy. Yeah, I will amplify that. The briefings
that we get in the Guard and Reserve pre- and post-deployment
are likened to drinking water from a fire hose. It is just too
much and it does not stick. It is probably pretty apt. My good
State of New Hampshire, the Live Free or Die State that knows
how to do more with less, has a program run through Easter
Seals that assigns a care manager to families and members
before, during and after deployment. And they are there to
advise members on what the benefits are.
Also, I am an old time military guy. In the 1970s, each
company had a personal services NCO who was trained in knowing
all these benefits. And any member could go to the PSNCO and
find out what was available after deployment, or even while
they are in the military. Somehow that has been spread out with
contractors all over the world, and there is just too much out
there. This could be simplified very effectively with very
known information sources right within the military.
Mr. Bilirakis. Thank you. I yield back, Madam Chair.
Ms. Herseth Sandlin. Thank you very much. Again, thank you
for the very helpful insights that each of you have offered us
today. We look forward to following up with you on some of the
specific suggestions and recommendations that you have made in
your testimony and in response to our questions. We have a lot
of work to do here, a lot of existing things that we can work
on to improve. We have some good folks on our next panel who
are working hard to do a lot with very little, Colonel. We want
to make sure we are leveraging all the best practices and
resources. Again the sharing of ideas that we have had here
that I know have been ongoing as you have met with the
Assistant Secretary and others in the Department of Labor,
others in the VA, to address these staggering statistics, and
learn from some lessons of the past. We have been talking about
TAP for a long time, here, over the last few years. I think we
have shared a lot of good ideas, and the time to act is now.
And we look forward to working with you to move forward. So
thank you again for your ongoing service to our Nation's
veterans.
We will have a series of five votes coming up, and so we
want to move quickly to our third panel. I invite the Honorable
Raymond Jefferson, Assistant Secretary for Veterans' Employment
and Training Service, U.S. Department of Labor; Ms. Christine
Griffin, Deputy Director, Office of Personnel Management; and
Lieutenant Colonel Willie Hensley, Principal Deputy Assistant
Secretary, Human Resources and Administration, with the U.S.
Department of Veterans Affairs. Welcome to all of you, to the
Subcommittee. We look forward to your testimony. They just
called votes.
So here is what we are going to do. Because it is five
votes, and there are a couple of 15 minute votes, we would have
to delay the hearing by another hour. Since your written
testimony is made part of the record, and we can let the floor
staff know that we are coming, I will recognize each of you for
3 or 4 minutes for a summary of your testimony, then Mr.
Bilirakis and I and others on the Subcommittee will submit our
questions to you in writing. But we will be doing important
followup. You have had a chance to hear from our prior
witnesses, many of whom you have met with before. We have made
it part of the hearing record in the exchange of information.
So we will go ahead with you, Secretary Jefferson, and
recognize you for 3 or 4 minutes.
STATEMENTS OF HON. RAYMOND M. JEFFERSON, ASSISTANT SECRETARY,
VETERANS' EMPLOYMENT AND TRAINING SERVICE, U.S. DEPARTMENT OF
LABOR; CHRISTINE M. GRIFFIN, DEPUTY DIRECTOR, U.S. OFFICE OF
PERSONNEL MANAGEMENT; AND WILLIE HENSLEY, PRINCIPAL DEPUTY
ASSISTANT SECRETARY, HUMAN RESOURCES AND ADMINISTRATION, U.S.
DEPARTMENT OF VETERANS AFFAIRS
STATEMENT OF HON. RAYMOND M. JEFFERSON
Mr. Jefferson. We are thrilled to be here, and also
appreciate all the feedback we got from the veterans service
organizations previously. Let me just get right into it.
Improvements in current programs, there is a lot of work to
be done. Number one, TAP, has not been modernized in 17 years.
It is currently a 180 PowerPoint slide show. We are
transforming the entire program. We are bringing in transition
best practices, such as life career work planning, stress
resiliency, stress reduction techniques, mental resiliency
training, templates for cover letters, how to transition to a
civilian culture environment. We are going to move to an
experiential facilitator approach. And we are also going to
something very new and different, which is after training
support. So we are transforming the entire program. We are also
going to spend $1 million on increasing the awareness of
spouses, that they have access to it, and providing it in
languages other than English.
Jobs for Veterans State Grant, again to improve the
performance of this program we are going to first have the
Disabled Veteran Program Outreach Specialists focused
exclusively on helping disabled veterans. The current outcome
results are 60 percent for the entered employment and 80
percent for the retention. I would like to see how we can
improve that.
The LVERs are going to be focusing more on employment
outreach. I am going to talk shortly on what we are doing on
employer outreach and engagement as a new emphasis.
We are also collaborating with VR&E, vocational
rehabilitation here, we are going to outstation our disabled
veterans at all 57 of their regional offices.
USERRA, we have finished process analysis and quality
control process. That has given us recommendations on how we
can improve the performance, the quality, and the consistency
of our investigations. One of the first thing we are working on
right now is implementing an electronic case management system.
We are also working very closely with OPM to ensure that the
Federal Government serves as a model employer. But that quality
control process and implementing those recommendations will
greatly improve the efficiency and effectiveness of USERRA.
Number four, for homelessness we have $10 million more this
year. Five million dollars are going to be spent on identifying
the best practices to better serve homeless veterans. We are
going to fund about 25 grantees with that. We are going to take
$4 million to bring back the Incarcerated Veterans Training
Program to reduce the recidivism there. We will serve about
1,500 veterans through 12 sites, and we are going to be serving
about 21,000 veterans this year, 15,000 next year.
For new initiatives, a major emphasis of ours is increasing
engagement with employers, particularly the private sector. We
are working very closely with the U.S. Chamber of Commerce, we
have met with the President several times. We are working to
connect the affiliated chambers around America with our State
directors, have them bring DVOPs and LVERs with them so they
are talking to roomful of chief executive officers and
employers instead of one at a time. A tremendous change in
focus for vets. It is going to bear a lot of returns.
We are also working very closely on this Federal hiring
initiative for veterans, which is going to do a lot to help
veterans.
I've more to say, but will wait for the questions. Let me
just say the latest cover of Fortune Magazine represents where
we are going and how we are going to get there. The new face of
business leadership in America, it is a veteran.
[The prepared statement of Mr. Jefferson appears on p. 88.]
Ms. Herseth Sandlin. Thank you for summarizing. Ms.
Griffin, you are recognized for 3 minutes. I apologize. Your
written testimony is very important to us. In our followup we
will do more meetings.
Ms. Griffin. That is fine.
Ms. Herseth Sandlin. So that the witnesses on the other
panels will get a sense for some of the responses to our
questions.
Ms. Griffin. Okay. And we would be happy to come up and
brief you on specific things if you want us to.
Ms. Herseth Sandlin. Very good.
STATEMENT OF CHRISTINE M. GRIFFIN
Ms. Griffin. I hate following him. But I love him. I love
him, I hate following him. Thank you for letting us come. Let
me tell you that the issue of veteran hiring in the Federal
Government is one of the highest priorities of Director John
Berry and myself. It is at the core of OPM's mission to
recruit, retain, and honor the world class workforce to serve
the American people. And that was certainly strengthened by the
President's Executive Order last November. This also, this
Executive Order also cemented a partnership among the
Departments of Defense, Labor, Veterans Affairs, Homeland
Security, and OPM to lead substantially all Federal agencies in
enhancing employment opportunities for veterans throughout the
Executive Branch.
We all know that there are not enough agencies, if you take
out certain agencies, there are not enough veterans being hired
by the other Federal agencies and we are working to change
that. So as we looked more closely at the government-wide
veteran employment numbers, we realized that there are pockets
of excellence if we can capitalize on using those best
practices and spreading them throughout the Federal Government.
The Executive Order established this Interagency Council on
Veterans Employment, co-chaired by the Secretaries of Labor,
Veterans Affairs, and the Director of OPM serving as the vice-
chair. It also includes a number of other agency members, and
the President can designate other members as well. But the
Council will be working along with the Steering Committee to
make sure that we incorporate all aspects of the Executive
Order as has been outlined, and also the government-wide
Veterans Recruitment and Employment Strategic Plan for 2010 to
2012. And this plan really focuses on breaking down the
barriers to veterans employment by using a number of strategies
focused on leadership commitment, skills development,
employment counseling, marketing veterans employment, and
single source information gateway which became the
Fedshirevets.gov Web site that you referred to earlier.
The impact of Veterans' Preference is key. The Executive
Branch is the Nation's leading employer of veterans. Over half
a million veterans are employed today in agencies across the
country and around the world. Twenty-five percent, or one of
every four current Federal employees, is a veteran. And in
comparison to the private sector, we hire three times the
percentage of veterans, seven times, and this answers I think
an earlier question, seven times the percentage of disabled
veterans, and 10 times the percentage of severely injured
veterans. Each year we have seen an increase. And one of our
most recent statistics show that the number of veterans rose
from 512,671 out of about 1.9 million Federal employees in the
year 2009.
So use of Hiring Veterans Authority is key. That is in my
written testimony, lots of data there. And I know you want to
know a lot about the Federal Career Intern Program (FCIP).
Ms. Herseth Sandlin. Yes.
Ms. Griffin. And just know that, you know, Veterans'
Preference applies to the selection of interns in FCIP, it
does. And we have recently issued guidance talking to the
Federal agencies again about, you know, what they have to do
regarding passing over anyone with 30 percent service-connected
disability preference, and telling them again they have to come
back to us.
[The prepared statement of Ms. Griffin appears on p. 93.]
Ms. Herseth Sandlin. Well I appreciate that, Ms. Griffin,
that you specifically identified the intern, that will be the
focus of some of the questions that I will be submitting.
Ms. Griffin. Right.
Ms. Herseth Sandlin. And I will followup with you, too, in
addition to additional actions beyond the guidance to get the
outcomes that we are looking for.
Ms. Griffin. Exactly.
Ms. Herseth Sandlin. Mr. Hensley? You are now recognized
for 2 to 3 minutes.
STATEMENT OF WILLIE HENSLEY
Mr. Hensley. Thank you, Madam Chair, Ranking Member,
Members of the Subcommittee. Thank you very much for the
opportunity to testify before you. I am absolutely delighted to
join our coworkers here with OPM and Department of Labor who
have done just a great job in collaborating with us and taking
care of the young men and women who take care of our Nation on
battlefields around the country.
Everyday at VA, Madam Chair, Members of the Committee, we
take care of the young men who stand up for America. We are
very supportive of the laws that place these veterans in
competitive positions for employment in the Federal sector. To
that end, we feel that affording veterans statutory preference
is the obligation of a grateful Nation. It also represents good
business and good government.
Madam Chair, in VA we have over 90,000 men and women who
have served this Nation. They represent approximately 29
percent of the 301,891 veterans in the Department. Over 74,000
of these men and women are preference eligibles, so we are
using that flexibility. Twenty-six thousand three hundred
sixty-six are disabled veterans. During fiscal year 2009, we
hired 11,588 preference eligible veterans, and another 1,000
non-preference eligible veterans. Our success has been
attributed to leadership. It has also been attributed to the
fact that we understand the mission of our Department, our
employees understand the mission as well. But we also have
added another dimension to our efforts, the Veterans Employment
Coordination Service. We have nine regional coordinators that
work around the country with some 200 other local Veterans
Employment Coordinators to reach out to men and women who have
served this Nation to help them navigate through sometimes a
very complex hiring process. Helping them with resumes, helping
them understand skills, knowledge, ability requirements.
Helping them translate their skills into language that can be
interpreted and help them get jobs in the Federal sector. We
have been very successful. We have nine but we are looking at
expanding that number around the country based on demographics
of where we see the greater need.
We have enjoyed, as I mentioned earlier, a wonderful
working relationship with our colleagues here at the table. We
are part of the President's Executive Order which set up the
Employment of Veterans in the Federal Government Council for
Veterans Employment. We are using our VETS program as a model
that other Federal agencies can use in an effort to reach out
to veterans in the same light and achieve the same levels of
success.
Madam Chair, again I appreciate the opportunity to address
you and Members of the Committee. I am available to answer any
questions, and we look forward to your questions in the future.
Thank you.u.
[The prepared statement of Mr. Hensley appears on p. 95.]
Ms. Herseth Sandlin. Thank you very much, Colonel. I
appreciate that you mentioned the regional coordinators. We
will focus on some of that in our questions. I want to commend
the VA for the impressive statistics as it relates to hiring
veterans. We know how important it is to advancing the mission
of the VA, always looking for where we can do better, working
with other agencies. While we acknowledge the importance of the
Department of Labor to get our veterans by the private sector,
the networking, the skills, the communication and marketing
that is so important, we also know that so many veterans are
looking for an opportunity to give back directly to veterans in
the public sector. We appreciate the VA's leadership in doing
just that.
I apologize, we do have to wrap up quickly for votes. But I
thank all of our panelists today for their testimony and
insights, and the hearing stands adjourned.
[Whereupon, at 4:01 p.m., the Subcommittee was adjourned.]
A P P E N D I X
----------
Prepared Statement of Hon. Stephanie Herseth Sandlin, Chairwoman,
Subcommittee on Economic Opportunity
Today's hearing will provide us an opportunity to: review existing
programs to help homeless veterans become employed, review barriers to
employment; discuss hiring authorities; and learn about possible causes
to high unemployment rates among younger veterans and female veterans.
Furthermore, we will hear from an array of distinguished panelists
who will highlight the shortfalls of Federal programs while providing
recommendations for us to consider regarding veteran employment
opportunities. While the high unemployment rates among veterans is
disturbing, we will also receive timely updates from administration
officials highlighting their initiatives to address the concerns of our
veterans' population.
I would like to commend President Obama for implementing Executive
Order 13518 to strengthen veteran employment opportunities within the
Federal workforce. I would also like to commend the various agencies
who have initiated new veteran programs that required no Congressional
intervention. These include the Office of Personnel Management's new
feds hire vets Web site and the Department of Labor's initiative to
expand Job Corps participation to military veterans.
Prepared Statement of Hon. Gus M. Bilirakis
Good afternoon.
Madam Chair, our oversight agenda has covered many subjects during
the 111th Congress, but this may be the most important. It is no secret
that the recession has hit America hard and that unemployment rates
have stood at record or near-record numbers including the rates for
veterans.
The March 2010 data from BLS shows that about 50 thousand or about
25 percent of 18 to 24 year old veterans were unemployed. At the same
time, about 955 thousand or about 9.5 percent of veterans between 25
and 64 years old were unemployed. While any unemployed veteran is
worthy of our assistance, I see significant differences in these two
age groups in terms of financial resources and financial obligations.
For example, while our younger veterans are likely eligible for
either the Montgomery or Post-9/11 GI Bill and have fewer financial
obligations, most of the older group has likely passed their delimiting
dates for the GI Bill or only have access to the less generous
Montgomery GI Bill or have used up their entitlement. Older veterans
are also more likely to have significant financial obligations such as
mortgages and tuition payments.
So these differences raise the policy question of where to focus
whatever scarce resources we may have. Regardless of where we choose to
place those resources, they must be efficiently and effectively
applied.
During this recession, Congress has extended unemployment benefits
at least twice. And while softening the blow of losing one's job is
important, I believe that we should view this as an opportunity to
reshape the workforce by retraining the unemployed in skills that will
be in demand as the economy recovers. And that should begin with our
veterans. It makes no sense to pay people to remain qualified only for
jobs that may never reappear in the economy. For example, it is no
secret that the manufacturing sectors such as auto industry has
contracted over the past couple decades. Assembly jobs have moved out
of the traditional manufacturing States to States with lower labor
costs or moved overseas. That means that if workers want to remain in
the industry where their skills are needed, they must be willing to
relocate. Madam Chair, that was the whole idea behind H.R. 1168 which I
introduced and passed under your leadership.
So how do we fix the issue because without a massive reversal of
the outflow of jobs, those who have worked in downsized industries must
gain new and relevant skills to once again be fully and adequately
employed.
Madam Chair, according to the Conference Board, an organization
that tracks a variety of business-related data, national employment
peaked in the summer of 2008 at about 138 million and online help
wanted ads totaled about 4.9 million. In February 2010, national
employment totals about 130 million with help wanted ads running at
about 4 million. Clearly, there are jobs out there and our challenge is
to provide veterans with the skills to fill them. Here are the Board's
top 10 in-demand occupations:
1. Health care practitioners and technical
2. Computer and mathematical science
3. Management
4. Sales and related
5. Office and administrative support
6. Business and financial operations
7. Architecture and engineering
8. Health care support
9. Transportation and material moving
10. Arts, design, entertainment, sports, and media
We have all read the gross statistics and what we now need to know
more about are the ``why's'', as in why are our younger veterans
experiencing such high rates? To that end, I look forward to hearing
solutions from our witnesses on how to invest in our workforce. Madam
Chair, I yield back.
Prepared Statement of Christine A. Scott, Specialist in Social Policy,
Income Security Section, Domestic Social Policy Division,
Congressional Research Service, Library of Congress
Introduction
Chairwoman Herseth Sandlin, Ranking Member Boozman, and
distinguished Members of the Subcommittee on Economic Opportunity, my
name is Christine Scott, from the Congressional Research Service (CRS).
I am honored to appear before the Subcommittee today. As requested by
the Committee, my testimony will highlight the employment situation of
veterans, barriers to employment, and employment assistance to
veterans. In addition to this testimony, a CRS report on Federal
employment assistance to veterans has been submitted for the record.
Current Employment Situation of Veterans
The current voluntary system for military service began more than
30 years ago. Legally, the U.S. has been in the Persian Gulf War since
August 1990. However, it has only been in the last decade that the U.S.
has been involved in a prolonged period of conflict. Information has
only been available for the last few years separating the Persian Gulf
War into two distinct periods (based on last date of active military
service)--Gulf War I and Gulf War II (post-September 2001).\1\ It is
possible to compare unemployment rates of veterans and non-veterans,
using this data, before and during the current economic downturn.
---------------------------------------------------------------------------
\1\ The Gulf War II period is not defined legally, and is a
commonly used term for the post-September 2001 period, including
Operation Enduring Freedom and Operation Iraqi Freedom.
---------------------------------------------------------------------------
Unemployment
As shown in Figure 1, the monthly unemployment rate\2\ for Gulf War
II veterans has generally remained higher than that of other veterans
and non-veterans over the 2006 to 2009 period (before and during the
current economic downturn). Figure 1 uses a 3-month moving average\3\
of the monthly unemployment rates.
---------------------------------------------------------------------------
\2\ The unemployment rate reflects the percentage of the labor
force that is looking for work. The labor force consists of persons
employed or looking for work. Persons who are not employed and not
looking for work, along with certain institutionalized persons (such as
incarcerated persons), are not considered part of the labor force.
\3\ Each 3-month moving average is the average of the current month
and the two prior months.
---------------------------------------------------------------------------
Figure 1. Unemployment Rates Among Gulf War II Veterans, Other
Veterans, and Non-Veterans, January 2006 through December 2009
[GRAPHIC] [TIFF OMITTED] 57015A.001
Source: Congressional Research Service (CRS) analysis of monthly
Current Population Survey (CPS) data.
Notes: Unemployment rates are 3-month moving averages. For example,
the unemployment rate shown for March 2006 is the average rate for
January through March 2006.
The higher unemployment rates for Gulf War II veterans reflects the
younger age of the Gulf War II veterans population compared to other
veterans and non-veterans.
Unemployment by Gender and Age
For unemployment rates, the average annual data\4\ for 2009 in
Table 1 show higher overall unemployment rates for Gulf War II veterans
than for other veterans. Unemployment rates vary by age and gender.
---------------------------------------------------------------------------
\4\ Because of the volatility of the monthly unemployment rates,
the average annual rates (the average of all the monthly rates for a
given year) provide a more stable basis of comparison between periods.
For Gulf War II veterans, other veterans, and non-
veterans, younger persons (ages 18-24 and 25-34) generally have the
highest unemployment rates.
The overall unemployment rate for Gulf War II veterans is
higher than the unemployment rate for other veterans. This is also the
case for men and women considered separately. However, there are
differences across age groups.
Female Gulf War II veterans have a higher overall
unemployment rate than female non-veterans, while male Gulf War II
veterans have a lower overall unemployment rate than male non-veterans.
Overall, Gulf War II veterans ages 45-54 have a lower
unemployment rate than other veterans or non-veterans in this age
group. This is also the case for men and women in this age group.
For other veterans, the overall unemployment rates for
male and female other veterans are lower than the overall unemployment
rates for male and female non-veterans.
Table 1. Unemployment Rates for Gulf War II Veterans, Other Veterans, and Non-veterans by Age and Gender, 2009
----------------------------------------------------------------------------------------------------------------
Gulf War II Veterans Other Veterans Non-veterans
Age --------------------------------------------------------------------------------
Total Men Women Total Men Women Total Men Women
----------------------------------------------------------------------------------------------------------------
18-24 21.1% 21.6% 19.2% N.D. N.D. N.D. 16.6% 19.1% 13.9%
----------------------------------------------------------------------------------------------------------------
25-34 10.6% 10.5% 11.6% 11.7% 12.3% 8.5% 9.8% 10.9% 8.6%
----------------------------------------------------------------------------------------------------------------
35-44 6.0% 5.5% 9.3% 7.5% 7.6% 7.0% 8.0% 8.8% 7.1%
----------------------------------------------------------------------------------------------------------------
45-54 3.6% 3.8% 3.0% 8.7% 9.0% 6.6% 7.1% 8.2% 6.0%
----------------------------------------------------------------------------------------------------------------
55-64 7.0% 5.7% N.A. 7.2% 7.2% 6.5% 6.5% 7.2% 6.0%
----------------------------------------------------------------------------------------------------------------
65 and over N.A. N.A. N.A. 6.6% 6.6% N.A. 6.3% 6.6% 6.1%
----------------------------------------------------------------------------------------------------------------
Total 10.2% 9.9% 11.5% 7.8% 7.9% 7.0% 9.1% 10.3% 7.8%
----------------------------------------------------------------------------------------------------------------
Source: Congressional Research Service (CRS) analysis of monthly Current Population Survey (CPS) data.
Notes: N.D.--no data available; N.A.--the denominator for calculating percentages is 35,000 or less.
Change in Annual Statistics 2006 to 2009
Changes in the unemployment rates between 2006 and 2009 are a
measure of the impact of the recent economic downturn. Table 2 shows
changes in unemployment rates by age and gender for Gulf War II
veterans, other veterans, and non-veterans. For example, between 2006
and 2009 the unemployment rate for male Gulf War II veterans ages 18-24
increased by 11.4 percentage points (from 10.2 percent to 21.6
percent).
For non-veterans, the increase in unemployment between
2006 and 2009 was generally greatest for younger age groups.
Unemployment generally rose less for older workers. In every age group,
the increase in unemployment was greater for men than women.
For other veterans, the change in unemployment rates was
higher for men than women, and was highest for men in the 25-34 and 44-
54 age groups.
For Gulf War II veterans, unemployment increased the most
for the youngest age group (18-24), and for both men and women in that
age group. The percentage point change in unemployment rates for Gulf
War II veterans aged 18-24 was larger than for comparable non-veterans.
For male Gulf War II veterans, the change for the older
age groups was lower than for other veterans and non-veterans.
For female Gulf War II veterans, the change in
unemployment rates varied across age groups and may reflect the small
number of women veterans in each age group.
Table 2. Percentage Point Change in Unemployment Rates for Gulf War II Veterans, Other Veterans, and Non-
veterans Between 2006 and 2009
----------------------------------------------------------------------------------------------------------------
Gulf War II Veterans Other Veterans Non-veterans
Age --------------------------------------------------------------------------------
Total Men Women Total Men Women Total Men Women
----------------------------------------------------------------------------------------------------------------
18-24 10.6 11.4 6.8 N.D. N.D. N.D. 7.1 8.9 5.2
----------------------------------------------------------------------------------------------------------------
25-34 3.1 3.0 3.6 6.5 7.4 1.9 5.2 6.5 3.7
----------------------------------------------------------------------------------------------------------------
35-44 3.8 3.0 8.9 3.8 4.1 1.8 4.4 5.5 3.3
----------------------------------------------------------------------------------------------------------------
45-54 0.7 1.1 -2.4 5.0 5.4 1.9 4.0 5.1 2.9
----------------------------------------------------------------------------------------------------------------
55-64 N.A. N.A. N.A. 4.1 4.1 4.0 3.6 4.2 3.1
----------------------------------------------------------------------------------------------------------------
65 and over N.A. N.A. N.A. 3.6 3.5 N.A. 3.5 4.0 3.1
----------------------------------------------------------------------------------------------------------------
Total 3.7 3.5 4.5 4.3 4.5 2.1 4.7 5.9 3.5
----------------------------------------------------------------------------------------------------------------
Source: Congressional Research Service (CRS) analysis of monthly Current Population Survey (CPS) data.
Notes: N.D.--no data available; N.A.--the denominator for calculating percentages is 35,000 or less.
Disabled Veterans
While the overall unemployment rate of disabled veterans (8.2
percent) was not statistically different from that of non-disabled
veterans (8.3 percent) during 2009, the unemployment rate for disabled
Gulf War II veterans was much higher than the rate for disabled
veterans of other service periods. Table 3 shows the unemployment rates
for disabled veterans (veterans with a service-connected disability
rating) by period of service, and non-disabled veterans for 2009. In
general the labor force participation rates and unemployment rates for
veterans decline the longer the time period since the end of the
conflict (and as the veterans population associated with that conflict
ages).
Table 3. Unemployment Rate of Disabled Veterans by Period of Service, 2009
----------------------------------------------------------------------------------------------------------------
Period of Service Unemployment Rate
----------------------------------------------------------------------------------------------------------------
Gulf War II 11.8%
----------------------------------------------------------------------------------------------------------------
Gulf War I 9.3%
----------------------------------------------------------------------------------------------------------------
Vietnam, Korea, World War II 5.1%
----------------------------------------------------------------------------------------------------------------
Other 6.2%
----------------------------------------------------------------------------------------------------------------
Total--disabled veterans of all service periods 8.2%
----------------------------------------------------------------------------------------------------------------
Non-disabled veterans 8.3%
----------------------------------------------------------------------------------------------------------------
Source: Bureau of Labor Statistics, Employment Situation of Veterans--2009, March 12, 2010.
Long-term unemployed
Overall Gulf War II veterans are less likely than other veterans
and non-veterans to be unemployed long-term (27 weeks or more). Other
veterans are more likely than non-veterans to be unemployed long-term.
Table 4 shows the percentage of unemployed by length of unemployment
for Gulf War II veterans, other veterans, and non-veterans for 2009.
Table 4. Percentage of Unemployed by Length of Unemployment for
Veterans, Other Veterans and Non-veterans in Each Age Group, 2009
------------------------------------------------------------------------
Gulf War II Other Veterans Non-veterans
Veterans -----------------------------------
------------------
Age 26 26 Over 26 26 Over 26
weeks Over 26 weeks weeks weeks weeks
or less weeks or less or less
------------------------------------------------------------------------
18-24 79.5% 20.5% N.D. N.D. 75.0% 25.0%
------------------------------------------------------------------------
25-34 69.4% 30.6% 65.2% 34.8% 69.7% 30.3%
------------------------------------------------------------------------
35-44 N.A. N.A. 71.8% 28.2% 66.7% 33.3%
------------------------------------------------------------------------
45-54 N.A. N.A. 65.9% 34.1% 62.2% 37.8%
------------------------------------------------------------------------
55-64 N.A. N.A. 60.0% 40.0% 61.0% 39.0%
------------------------------------------------------------------------
65 and over N.A. N.A. 60.4% 39.6% 59.9% 40.1%
------------------------------------------------------------------------
Total 71.2% 28.8% 64.4% 35.6% 67.9% 32.1%
------------------------------------------------------------------------
Source: Congressional Research Service (CRS) analysis of monthly
Current Population Survey (CPS) data.
Notes: N.D.--no data available; N.A.--the denominator for
calculating percentages is 35,000 or less.
Employed Veterans
Overall, as shown in Table 5, for every age group veterans are more
likely to work full-time than their non-veteran peers. Also, veterans
are significantly more likely to be employed in the public sector as
shown in Table 6. Self-employment rates generally increase with age,
and non-veteran age groups generally have higher percentages of self-
employed persons. The exception is other veterans ages 55 and over, who
have a higher percentage of self-employed than their non-veteran
counterparts.
Table 5. Percentage of Full-Time and Part-Time Employment for Gulf War
II Veterans, Other Veterans, and Non-Veterans in Each Age Group, 2009
------------------------------------------------------------------------
Gulf War II Other Veterans Non-veterans
Veterans -----------------------------------
Age ------------------
Full- Part- Full- Part- Full- Part-
time time time time time time
------------------------------------------------------------------------
18-24 76.2% 23.8% N.D. N.D. 57.8% 42.2%
------------------------------------------------------------------------
25-34 90.2% 9.8% 91.8% 8.2% 85.2% 14.8%
------------------------------------------------------------------------
35-44 94.1% 5.9% 93.8% 6.2% 86.2% 13.8%
------------------------------------------------------------------------
45-54 94.7% 5.3% 93.7% 6.3% 86.7% 13.3%
------------------------------------------------------------------------
55-64 95.0% 5.0% 86.9% 13.1% 82.0% 18.0%
------------------------------------------------------------------------
65 and over N.A. N.A. 60.4% 39.6% 55.9% 44.1%
------------------------------------------------------------------------
Total 90.0% 10.0% 86.1% 13.9% 80.9% 19.1%
------------------------------------------------------------------------
Source: Congressional Research Service (CRS) analysis of monthly
Current Population Survey (CPS) data.
Notes: N.D.--no data available; N.A.--the denominator for
calculating percentages is 35,000 or less.
Table 6. Percentage of Public, Private, and Self-Employed for Gulf War II Veterans, Other Veterans, and Non-
Veterans in Each Age Group, 2009
----------------------------------------------------------------------------------------------------------------
Gulf War II Veterans Other Veterans Non-veterans
--------------------------------------------------------------------------------------------
Age Self- Self- Self-
Public Private employed Public Private employed Public Private employed
----------------------------------------------------------------------------------------------------------------
18-24 20.4% 78.2% 1.5% N.D. N.D. N.D. 8.1% 89.9% 1.9%
----------------------------------------------------------------------------------------------------------------
25-34 22.7% 74.3% 3.0% 20.8% 76.0% 3.2% 12.3% 83.2% 4.5%
----------------------------------------------------------------------------------------------------------------
35-44 31.9% 66.1% 1.9% 20.2% 74.7% 5.0% 14.2% 78.9% 6.9%
----------------------------------------------------------------------------------------------------------------
45-54 39.5% 57.0% 3.4% 22.3% 72.1% 5.6% 16.2% 75.6% 8.2%
----------------------------------------------------------------------------------------------------------------
55-64 48.3% 46.8% 4.9% 19.7% 70.5% 9.8% 18.9% 71.4% 9.7%
----------------------------------------------------------------------------------------------------------------
65 and over N.A. N.A. N.D. 13.5% 66.6% 19.9% 14.2% 69.3% 16.5%
----------------------------------------------------------------------------------------------------------------
Total 27.5% 69.7% 2.8% 19.6% 71.4% 8.9% 14.1% 79.2% 6.7%
----------------------------------------------------------------------------------------------------------------
Source: Congressional Research Service (CRS) analysis of monthly Current Population Survey (CPS) data.
Notes: Public, Private, and Self-employed for each category sums to 100%. N.D.--no data available; N.A.--
the denominator for calculating percentages is 35,000 or less.
Federal employment of Veterans
According to the Office of Personnel Management (OPM), 25.5 percent
of the Federal Government workforce in FY 2008 was veterans compared to
8.3 percent for the civilian labor force.\5\ The Federal Government
also has a larger share of its workforce comprised of disabled veterans
(6.0 percent) compared to the civilian labor force (0.8 percent).
---------------------------------------------------------------------------
\5\ Office of Personnel Management, Employment of Veterans in the
Federal Executive Branch, Fiscal Year 2008, November 2009.
---------------------------------------------------------------------------
Between FY 2005 and FY 2008, the total share of the Federal
workforce comprised of veterans increased slightly from 25.2 percent to
25.5 percent as shown in Table 7. In FY 2005 and FY 2008, the same six
executive agencies had the highest percentage of veterans in their
workforces. These six agencies also had a percentage of veterans in
their workforce that was higher than that of the total Federal
workforce. Between FY 2005 and FY 2008, all six agencies had an
increase in the percentage of veterans in their workforces.
Table 7. Federal Executive Agencies with the Highest Percentage of
Veterans in the Agency Workforce, FY 2005 and FY 2008
------------------------------------------------------------------------
2005 2008
------------------------------------------------------------------------
Percent of Executive Percent of
Executive Agency Workforce Agency Workforce
------------------------------------------------------------------------
Air Force 47.3% Air Force 50.5%
------------------------------------------------------------------------
Army 40.5% Army 43.6%
------------------------------------------------------------------------
Navy 36.9% Navy 38.8%
------------------------------------------------------------------------
Department of Transportation 30.8% Department 33.5%
of Defense
------------------------------------------------------------------------
Department of Defense 27.6% Department 29.5%
of
Transportat
ion
------------------------------------------------------------------------
Department of Veterans Affairs 26.8% Department 29.1%
of Veterans
Affairs
------------------------------------------------------------------------
Department of Homeland Security 24.5% Department 26.8%
of Homeland
Security
------------------------------------------------------------------------
Department of Energy 21.0% General 20.4%
Services
Administrat
ion
------------------------------------------------------------------------
Department of Justice 18.2% Department 20.2%
of Energy
------------------------------------------------------------------------
Department of Labor 17.9% Office of 19.5%
Personnel
Management
------------------------------------------------------------------------
Total Federal Workforce 25.2% Total 25.5%
Federal
Workforce
------------------------------------------------------------------------
Source: Table prepared by the Congressional Research Service (CRS)
from Office of Personnel Management, Employment of Veterans in the
Federal Executive Branch, Fiscal Year 2008, November 2009, Table 1 and
Table 2C, and Office of Personnel Management, The Employment of
Veterans in the Federal Government, FY 2005, November 2006, Table 1
and Figure 2.
Use of Special Veterans Appointing Authorities
Three special appointment authorities are available to Federal
Government agencies related to veterans: (1) Veterans Recruitment
Appointment (VRA); (2) Veterans Employment Opportunity Acts (VEOA); and
(3) 30 percent or More Disabled Veteran.
Veterans Recruitment Appointment (VRA)
The use of a VRA allows agencies to appoint an eligible veteran
without competition. The VRA is an excepted appointment to a position
that is otherwise in the competitive service. After 2 years of
satisfactory service, the veteran may be converted to a career-
conditional appointment in the competitive service.\6\
---------------------------------------------------------------------------
\6\ A veteran may be given a noncompetitive temporary or term
appointment based on VRA eligibility. These appointments do not lead to
career jobs.
---------------------------------------------------------------------------
Once in Federal employment, VRAs are treated like any other
competitive service employee and may be promoted, reassigned, or
transferred. VRA appointees with less than 15 years of education must
complete a training program established by the agency. Veterans
eligible for a VRA appointment are
disabled veterans;
veterans who served on active duty in the Armed Forces
during a war, or in a campaign or expedition for which a campaign badge
has been authorized;
veterans who, while serving on active duty in the Armed
Forces, participated in a United States military operation for which an
Armed Forces Service Medal was awarded; or
recently separated veterans.
In addition to meeting the criteria above, veterans must have been
separated under honorable conditions (i.e., the individual must have
received either an honorable or general discharge).
Veterans Employment Opportunity Act (VEOA)
Federal agencies can recruit outside their own workforce from all
competitive service employees in filling permanent competitive service
openings. Veterans are eligible to apply for this type of open position
even if not a current competitive service employee, if the veteran is a
preference eligible or has completed three or more years of active
service. The Federal Government agency can then appoint the veteran
using the VEOA appointment authority.
Thirty Percent or More Disabled Veteran
The 30 percent or more disabled veteran authority allows a Federal
Government agency to non-competitively appoint any veteran with a 30
percent or more service-connected disability to a permanent, temporary
(1 year or less), or term (1 to 4 years) positions in the competitive
service. For permanent appointments, the veteran is placed in a time
limited (60 days maximum) appointment and then converted to permanent
at management's discretion.
In FY 2008, almost all of the use of these special appointments
(89.6 percent to 94.9 percent depending on the specific hiring
authority), as shown in Table 8, was by branches of the Armed Forces,
and the Departments of Defense and Veterans Affairs.
Table 8. Total Special Veterans Appointment Hires and Percent of Total by the Departments of Defense and
Veterans Affairs and the U.S. Armed Forces, FY 2008
----------------------------------------------------------------------------------------------------------------
Percent of Special Hire
Total Special Appointments by the
Appointment Authority Appointment Hires Department of Defense,
FY 2008 Department of Veterans
Affairs, and Armed Forces
----------------------------------------------------------------------------------------------------------------
Veterans Recruitment 6,360 89.6%
----------------------------------------------------------------------------------------------------------------
Veterans Employment Opportunity Act 18,898 94.2%
----------------------------------------------------------------------------------------------------------------
30% of More Disabled Veteran 1,381 94.9%
----------------------------------------------------------------------------------------------------------------
Source: Table prepared by the Congressional Research Service (CRS), from Office of Personnel Management,
Employment of Veterans in the Federal Executive Branch, Fiscal Year 2008, November 2009, Table 5.
Traditional Barriers to Employment
Veterans and non-veterans can face a number of barriers to
employment: lack of education or training; disability; lack of an
employment network or mentors; or homelessness. Other potential
barriers to employment such as age (55 or older), low-income or poverty
status, limited work history, and a criminal record will not be
discussed in this testimony.
Education/Training
A veteran without the education or training required for a specific
industry will generally be unable to find employment in that industry.
This is true for returning servicemembers whose military occupation
skills do not translate directly to civilian industry and for older
veterans who had worked for many years in an industry that is in
decline. Recently discharged veterans can make use of education
benefits provided for veterans to receive either a higher education or
specific training to work in a specific industry. However older
veterans who have become unemployed because of the economic downturn do
not have that option (as their eligibility for education benefits has
expired).
Disability
Disability takes many forms: chronic medical conditions; physical
impairments; mental impairments; or addiction issues. Because certain
disabilities (or conditions) such as Post-Traumatic Stress Disorder
(PTSD) and Traumatic Brain Injury (TBI) are more prevalent in veterans
than non-veterans, more veterans will face the difficulties of dealing
with these disorders in finding employment and in the workplace.\7\
Veterans with a disability face a barrier to employment in that both
the veteran and his or her employer must understand the disability and
make the necessary accommodations. Compounding the barriers is that a
veteran may have more than one disability, with the disabilities of a
different nature. For example, mental illness and addictions are often
co-morbid conditions.
---------------------------------------------------------------------------
\7\ For more information on Traumatic Brain Injury, see CRS Report
R40941, Traumatic Brain Injury: Care and Treatment of Operation
Enduring Freedom and Operation Iraqi Freedom Veterans, by Amalia K.
Corby-Edwards.
---------------------------------------------------------------------------
Lack of mentors/employment network
Employment networks and mentors are important to individuals in an
occupation or industry as they provide advance information about
employment and other opportunities within the industry. When a young
person enters an occupation either directly out of high school or
through pursuing a college education, part of that time at work or in
college is spent establishing a network of colleagues in that industry
or occupation and finding a mentor to assist in developing his or her
career path. However, many younger servicemembers have separated
themselves from their peers during this process to serve in the
military. As a result, younger recently separated servicemembers do not
have the established civilian employment networks of their peers and
often lack established mentors. Older veterans, like other workers, who
have spent years working in a specific industry and becoming part of
the employment network for that industry will lose that network if the
industry has declined as part of the recent economic downturn.
Homelessness
Lack of a permanent (or semi-permanent) address imposes limitations
on an individual's ability to contact or interact with others,
including potential employers, as it is difficult to maintain links to
others through telephone, mail or computer; open certain bank or other
accounts; obtain certain government documents; and the individual does
not have a safe secure place for storage of personal or other items.
Research has shown that veterans are over-represented in the homeless
population--that is, a higher percentage of the veterans population is
homeless compared to the non-veteran population.\8\
---------------------------------------------------------------------------
\8\ For more information on veterans and homelessness, see CRS
Report RL34024, Veterans and Homelessness, by Libby Perl.
---------------------------------------------------------------------------
Federal Programs to Assist Veterans in Finding Employment
Joint Programs for Transitioning Servicemembers
The Department of Labor (DOL), in cooperation with the Department
of Defense (DoD) and the VA, operates the Transition Assistance Program
(TAP) and Disabled Transition Assistance Program (DTAP). Both programs
are designed to provide information on employment and training for
servicemembers within 180 days of separation from military service, or
retirement.\9\
---------------------------------------------------------------------------
\9\ For more information on TAP and DTAP programs, see the
Department of Labor's TAP Fact Sheet at http://www.dol.gov/vets/
programs/tap/tap_fs.htm.
---------------------------------------------------------------------------
TAP is a 3-day workshop conducted at military installations that
includes sessions on how to look for jobs, current market conditions
(both labor market and occupation-specific information is provided),
preparation of job search materials (including resumes), and interview
techniques. DTAP adds additional hours to the 3-day program focused on
the special needs of disabled servicemembers.
In addition to the employment assistance sessions, information is
provided on veterans benefits administered by the VA.
FedsHireVets
On November 9, 2009, President Obama issued Executive Order 13518
which established a Veterans Hiring Initiative and established a
Council on Veterans Employment co-chaired by the Secretaries of DOL and
VA. As part of the initiative, the Office of Personnel Management (OPM)
established a new Web site: www.fedshirevets.gov--to provide
information for veterans on Federal Government employment. One of the
features of the Web site is an agency directory providing for each
agency, the name, email address, and telephone number of the individual
within each agency responsible for promoting veterans' employment
within the agency.
America's Heroes At Work
In January 2009, the DOL began a new program, America's Heroes at
Work, for veterans with traumatic brain injury (TBI) or post-traumatic
stress disorder (PTSD). Under the pilot program, DOL will study,
validate, and disseminate best practices related to helping employees
with TBI or PTSD succeed on the job. The Web site for the program
provides information and fact sheets for employers and veterans on
topics related to TBI and PTSD including how employers can make
accommodations in their workplace for affected employees.\10\
---------------------------------------------------------------------------
\10\ The Web site for the program is http://
www.americasheroesatwork.gov/.
---------------------------------------------------------------------------
DOL Programs
The DOL Veterans' Employment and Training Service (VETS) offers
assistance to veterans seeking jobs through the Jobs for Veterans State
Grants (JVSG) Program. Under the program, grants are used to fund
Disabled Veterans' Outreach Program (DVOP) specialists and Local
Veterans' Employment Representatives (LVER).\11\ These are State
positions, funded by the Federal Government, that provide outreach and
assistance to veterans seeking employment.
---------------------------------------------------------------------------
\11\ For information on LVER and DVOP grants, see the DOL guide to
grants at http://www.dol.gov/vets/grants/Final_VETS_Guide-linked.pdf.
---------------------------------------------------------------------------
DVOP staff in a State are involved in outreach efforts to disabled
veterans with greater barriers to employment, who therefore need more
intensive services for employment or training. LVER staff help veterans
find employment and are involved in outreach to the business community
to encourage the hiring of veterans (including disabled veterans).
The VETS office also operates the Veterans' Workforce Investment
Program (VWIP), a grant program authorized under the Workforce
Investment Act (WIA, P.L. 105-220).\12\ Grants may be made to fund
programs operated by eligible State and local workforce investment
boards, State or local agencies, or private non-profit organizations.
The grants are intended to help reintegrate veterans into the civilian
labor force; develop service delivery systems that address the needs of
veterans entering the civilian workforce; enhance workforce investment
activities related to veterans; and perform outreach or public
information activities to promote employment of veterans.
---------------------------------------------------------------------------
\12\ Ibid. (For information on VWIP grants).
---------------------------------------------------------------------------
In addition to the JVSG Program and the VWIP program, the VETS
office in DOL also
conducts the HireVetsFirst campaign to encourage
employers to hire veterans;
provides grants under the Homeless Veterans Reintegration
Program; \13\ and
---------------------------------------------------------------------------
\13\ For more information on the program, please see CRS Report
RL34024, Veterans and Homelessness, by Libby Perl.
---------------------------------------------------------------------------
provides information to veterans and employers on re-
employment rights under the Uniformed Services Employment and
Reemployment Rights Act of 1994 (USERRA, P.L. 103-353).
All VETS activities are required partners in the One-Stop Career
Center system established by WIA.\14\
---------------------------------------------------------------------------
\14\ Local one-stop service centers can be found online at http://
www.servicelocator.org/.
---------------------------------------------------------------------------
Any workforce development, job training, or placement program
funded in part by DOL must provide a priority in services for veterans
and eligible spouses. In general, persons covered under the priority of
service (veterans and spouses) receive access to services and resources
before non-covered persons.\15\
---------------------------------------------------------------------------
\15\ Regulations on the priority of service can be found at http://
www.dol.gov/vets/E8-30166.pdf.
---------------------------------------------------------------------------
Homeless Veterans Reintegration Program (HVRP) \16\
---------------------------------------------------------------------------
\16\ Excerpted from CRS Report RL34024, Veterans and Homelessness,
by Libby Perl.
---------------------------------------------------------------------------
The HVRP program has two goals. The first is to assist veterans in
achieving meaningful employment, and the second is to assist in the
development of a service delivery system to address the problems facing
homeless veterans. Eligible grantee organizations are State and local
Workforce Investment Boards, local public agencies, and both for- and
non-profit organizations.\17\ Grantees receive funding for one year,
with the possibility for two additional years of funding contingent on
performance and fund availability.\18\
---------------------------------------------------------------------------
\17\ Veterans Employment and Training Service Program Year 2007
Solicitation for Grant Applications, Federal Register vol. 72, no. 71,
April 13, 2007, p. 18682.
\18\ Ibid., p. 18679.
---------------------------------------------------------------------------
HVRP grantee organizations provide services that include outreach,
assistance in drafting a resume and preparing for interviews, job
search assistance, subsidized trial employment, job training, and
follow-up assistance after placement. Recipients of HVRP grants also
provide supportive services not directly related to employment such as
transportation, provision of assistance in finding housing, and
referral for mental health treatment or substance abuse counseling.
HVRP grantees often employ formerly homeless veterans to provide
outreach to homeless veterans and to counsel them as they search for
employment and stability. In fact, from the inception of the HVRP, it
has been required that at least one employee of grantee organizations
be a veteran who has experienced homelessness.\19\
---------------------------------------------------------------------------
\19\ ``Procedures for Preapplication for Funds; Stewart B. McKinney
Homeless Assistance Act, FY 1988'' Federal Register vol. 53, no. 70,
April 12, 1988, p. 12089.
---------------------------------------------------------------------------
In program year (PY) 2007 (from July 1, 2007, through June 30,
2008), HVRP grantees were expected to serve a total of 13,446 homeless
veterans, of whom an estimated 9,061, or 67 percent, were expected to
be placed in employment.\20\ In 2007, DOL predicted that 64.5 percent
of veterans who were placed in employment would maintain employment for
6 months.\21\ The previous year, 64 percent of veterans maintained
employment for at least 6 months.
---------------------------------------------------------------------------
\20\ U.S. Department of Labor, Office of the Assistance Secretary
for Veterans' Employment and Training, FY 2006 and FY 2007 Annual
Report to Congress, May 21, 2008, p. 10.
\21\ U.S. Department of Labor, Office of Veterans' Employment and
Training, FY 2008 VETS Annual Report to Congress, p. 5, http://
www.dol.gov/vets/media/FY 2008_Annual_Report_
To_Congress.pdf.
---------------------------------------------------------------------------
VA Compensated Work Therapy for Disabled Veterans (CWT) \22\
---------------------------------------------------------------------------
\22\ Excerpted from CRS Report RL34204, Veterans and Homelessness,
by Libby Perl.
---------------------------------------------------------------------------
The Compensated Work Therapy (CWT) Program has existed at the VA in
some form since the 1930s.\23\ The goal of the CWT program is to give
veterans with disabilities work experience and skills so that they may
re-enter the workforce and maintain employment on their own. The VA
either employs veterans directly (in FY 2008, 47.7 percent of veterans
in the CWT program worked for the VA) \24\, finds work for veterans at
other Federal agencies, or enters into contracts with private companies
or nonprofit organizations that then provide veterans with work
opportunities. Veterans must be paid wages commensurate with those
wages in the community for similar work, and through the experience the
goal is that participants will improve their chances of living
independently and reaching self sufficiency. In 2003, the Veterans
Health Care, Capital Asset, and Business Improvement Act (P.L. 108-170)
added work skills training, employment support services, and job
development and placement services to the activities authorized by the
CWT program.
---------------------------------------------------------------------------
\23\ Senate Veterans Affairs Committee, report to accompany S.
2908, 94th Cong., 2nd sess., S.Rept. 94-1206, September 9, 1976.
\24\ Sandra D. Resnick, Richard Kaczynski, Debbie Sieffert, et.
al., Twelfth Progress Report on the Compensated Work Therapy (CWT)
Program, Fiscal Year 2008, Department of Veterans Affairs Northeast
Program Evaluation Center, Table 29 (hereinafter, Twelfth Progress
Report on the Compensated Work Therapy (CWT) Program).
---------------------------------------------------------------------------
In 1991, as part of P.L. 102-54, the Veterans Housing, Memorial
Affairs, and Technical Amendments Act, Congress added the Therapeutic
Transitional Housing component to the CWT program. The housing
component is authorized through December 31, 2011.\25\ The purpose of
the program is to provide housing to participants in the CWT program
who have mental illnesses or chronic substance abuse disorders and who
are homeless or at risk of homelessness.\26\ Although the law initially
provided that both the VA itself or private nonprofit organizations,
through contracts with the VA, could operate housing, the law was
subsequently changed so that only the VA now owns and operates
housing.\27\ The housing is transitional--up to 12 months--and veterans
who reside there receive supportive services. In FY 2008, 11,686
veterans were admitted into the CWT program. Of the CWT program
participants, 79.2 percent were found to have a disabling medical
condition, with nearly all participants (99.8 percent) having a
psychiatric disorder or disabling medical condition or both.\28\
---------------------------------------------------------------------------
\25\ The program was authorized as part of the Veterans Benefits,
Health Care, and Information Technology Act of 2006 (P.L. 109-461). See
38 U.S.C. Sec. 2031.
\26\ The VA's authority to operate therapeutic housing is codified
at 38 U.S.C. Sec. 2032.
\27\ The provision for nonprofits was in P.L. 102-54, but was
repealed by P.L. 105-114, Section 1720A(c)(1).
\28\ Ibid.
---------------------------------------------------------------------------
This concludes my statement. I will be happy to answer any
questions the Committee may have.
__________
Congressional Research Service
CRS Report for Congress--RS22666
Veterans Benefits: Federal Employment Assistance
Prepared for Members and Committees of Congress
April 9, 2010
Christine Scott, Specialist in Social Policy
Summary
There are Federal employment and training programs and policies
specifically targeted to help veterans seeking employment in the
civilian economy. Transition assistance programs are operated by the
Department of Defense (DoD), the Department of Veterans Affairs (VA),
and the Department of Labor (DOL) to assist servicemembers as they
prepare to leave the military. DOL operates grant programs to States to
provide outreach and assistance to veterans in finding civilian
employment. In addition, the Federal Government has policies (including
veterans preference) that assist veterans in obtaining jobs with the
Federal Government and Federal contractors. This report provides a
brief overview of these Federal programs and policies. This report will
be updated as needed.
Contents
Cash Assistance
Employment Assistance
Transition Assistance Programs
Veterans State Grants Program
Veterans' Workforce Investment Program
America's Heroes at Work
Federal Employment Preferences
Point Preference
Special Appointment (Hiring) Authority
Affirmative Action: Federal Agencies
Affirmative Action: Contractors and Subcontractors
Veterans Hiring Initiative
Other Federal Assistance
Contacts
Author Contact Information
__________
Veterans may participate in the general employment and training
programs open to everyone seeking jobs, or in certain programs targeted
specifically to veterans.\1\ In addition, the Federal Government has a
policy of assisting veterans in employment through the use of
preferences in Federal employment, and requirements for affirmative
action in the hiring of veterans by Federal contractors. This report
will provide an overview of these Federal employment and training
programs targeted to veterans, and Federal policies to assist veterans
in obtaining Federal employment.\2\
---------------------------------------------------------------------------
\1\ This report does not address Federal employment and training
programs open to everyone seeking jobs.
\2\ This paper does not provide information on VA education
benefits for veterans. For more information on education benefits for
veterans see CRS Report R40723, Educational Assistance Programs
Administered by the U.S. Department of Veterans Affairs, by Cassandria
Dortch.
---------------------------------------------------------------------------
When Is a Discharged Servicemember Classified as a ``Veteran'' for the
Purposes of VA Benefits?
Not all discharged servicemembers are considered ``veterans'' for
the purposes of the Department of Veterans Affairs (VA) benefits and
programs. In order to be eligible for most VA benefits, it is necessary
for the discharged servicemember to be classified as a ``veteran,'' or
in some circumstances, the survivor of a veteran.
Federal statutes define ``veteran'' as a ``person who served in the
active military, naval, or air service, and who was discharged or
released there from under conditions other than dishonorable.'' [38
U.S.C. Sec. 101(2); 38 CFR Sec. 3.1(d)]. The VA largely bases its
determination of veteran status upon military department service
records. In addition to the member's service records, other factors
impact his/her classification as a ``veteran'' and may impact future
benefits. These factors include
Discharge criteria: (38 U.S.C. Sec. 101(2); 38 CFR
Sec. 3.1(d)).
Active military, naval or air service: (38 U.S.C.
Sec. 101(2); 38 CFR Sec. 3.1(d)).
Whether the service was during ``time of war:'' (38
U.S.C. Sec. 101(6)-(11); 38 CFR Sec. 3.2).
Length of duty requirement: (38 U.S.C. Sec. 101(6)-(11);
38 CFR Sec. 3.2).
After it has been proved that the discharged servicemember meets
these criteria, he/she is considered to be a ``veteran'' and may be
eligible for certain benefits relating to health care, education, and
other services which are provided by the VA.
(Information provided by Douglas Reid Weimer, Legislative Attorney,
American Law Division, CRS.)
Cash Assistance
Part of the Servicemen's Readjustment Act of 1944 (The GI Bill,
P.L. 78-346) provided a cash allowance for returning unemployed
veterans. This was provided because, at the time, veterans were not
eligible for unemployment compensation. However, because of a
combination of factors, including the strong economic growth shortly
after World War II and the GI Bill's education and training benefits,
few veterans took advantage of the cash assistance program.
There is currently no system to provide a cash allowance to
veterans seeking civilian employment although veterans are eligible for
unemployment compensation, which provides partial replacement of lost
cash wages.\3\
---------------------------------------------------------------------------
\3\ For more information on unemployment compensation for veterans,
see CRS Report RS22440, Unemployment Compensation (Insurance) and
Military Service, by Julie M. Whittaker.
---------------------------------------------------------------------------
Employment Assistance
The Federal Government operates programs to assist veterans seeking
civilian employment and provides preferences in Federal employment for
veterans. Outlined below are the major Federal programs and policies to
assist veterans seeking civilian jobs.
Transition Assistance Programs
The Department of Labor (DOL), in cooperation with the Department
of Defense (DoD) and the VA, operates the Transition Assistance Program
(TAP) and Disabled Transition Assistance Program (DTAP). Both programs
are designed to provide information on employment and training for
servicemembers within 180 days of separation from military service, or
retirement.\4\
---------------------------------------------------------------------------
\4\ For more information on TAP and DTAP programs, see the
Department of Labor's TAP Fact Sheet at http://www.dol.gov/vets/
programs/tap/tap_fs.htm.
---------------------------------------------------------------------------
TAP is a 3-day workshop conducted at military installations that
includes sessions on how to look for jobs, current market conditions
(both labor market and occupation-specific information is provided),
preparation of job search materials (including resumes), and interview
techniques. DTAP adds additional hours to the 3-day program focused on
the special needs of disabled servicemembers.
In addition to the employment assistance sessions, information is
provided on veterans benefits administered by the VA.
Veterans State Grants Program
The DOL Veterans' Employment and Training Service (VETS) offers
assistance to veterans seeking jobs through the Jobs for Veterans State
Grants (JVSG) Program. Under the program, grants are used to fund
Disabled Veterans' Outreach Program (DVOP) specialists and Local
Veterans' Employment Representatives (LVER).\5\ These are State
positions, funded by the Federal Government, that provide outreach and
assistance to veterans seeking employment.
---------------------------------------------------------------------------
\5\ For information on LVER and DVOP grants, see the DOL guide to
grants at http://www.dol.gov/vets/grants/Final_VETS_Guide-linked.pdf.
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DVOP staff in a State are involved in outreach efforts to disabled
veterans with greater barriers to employment, who therefore need more
intensive services for employment or training. LVER staff help veterans
find employment and are involved in outreach to the business community
to encourage the hiring of veterans (including disabled veterans).
Veterans' Workforce Investment Program
The VETS office also operates the Veterans' Workforce Investment
Program (VWIP), a grant program authorized under the Workforce
Investment Act (WIA, P.L. 105-220).\6\ Grants may be made to fund
programs operated by eligible State and local workforce investment
boards, State or local agencies, or private non-profit organizations.
The grants are intended to help reintegrate veterans into the civilian
labor force; develop service delivery systems that address the needs of
veterans entering the civilian workforce; enhance workforce investment
activities related to veterans; and perform outreach or public
information activities to promote employment of veterans.
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\6\ Ibid. (For information on VWIP grants).
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In addition to the JVSG Program and the VWIP program, the VETS
office in DOL also
conducts the HireVetsFirst campaign to encourage
employers to hire veterans;
provides grants under the Homeless Veterans Reintegration
Program; \7\ and
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\7\ For more information on the program, please see CRS Report
RL34024, Veterans and Homelessness, by Libby Perl.
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provides information to veterans and employers on re-
employment rights under the Uniformed Services Employment and
Reemployment Rights Act of 1994 (USERRA, P.L. 103-353).
All VETS activities are required partners in the One-Stop Career
Center system established by WIA.\8\
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\8\ Local one-stop service centers can be found online at http://
www.servicelocator.org/.
Any workforce development, job training, or placement program
funded in part by DOL must provide a priority in services for veterans
and eligible spouses. In general, persons covered under the priority of
service (veterans and spouses) receive access to services and resources
before non-covered persons.\9\
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\9\ Regulations on the priority of service can be found at http://
www.dol.gov/vets/E8-30166.pdf.
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America's Heroes at Work
In January 2009, the DOL began a new pilot program, America's
Heroes at Work, for veterans with traumatic brain injury (TBI) or post-
traumatic stress disorder (PTSD). Under the pilot program, DOL will
study, validate, and disseminate best practices related to helping
employees with TBI or PTSD succeed on the job. The Web site for the
program provide information and fact sheets for employers and veterans
on topics related to TBI and PTSD, including how employers can make
accommodations in their workplace for impacted employees.\10\
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\10\ The Web site for the program is http://
www.americasheroesatwork.gov/.
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Federal Employment Preferences
The Federal Government has four policies that provide a preference
to veterans: (1) a system of point preference for hiring; (2) special
appointment (hiring) authority; (3) affirmative action requirements for
Federal agencies; and (4) affirmative action requirements for
contractors and subcontractors.\11\
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\11\ For Federal employment purposes, a veteran is an individual
who has active duty service, with minimum length of service
requirements, for one of the time periods defined in Title 5,
Sec. 2108. For more information on Federal employment preferences for
veterans, see the Office of Personnel Management's VetsInfo Guide at
http://www.opm.gov/veterans/html/vetsinfo.asp.
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Point Preference
Veterans are given a Federal preference in hiring to prevent an
individual from being penalized for having spent time in military
Federal service. A five-point preference is given to veterans with an
honorable or general discharge who served on active duty (not active
duty for training):
during any war;
during the period April 28, 1952, through July 1, 1955;
for more than 180 consecutive days, any part of which
occurred after January 31, 1955, and before October 15, 1976;
during the Gulf War period beginning August 2, 1990, and
ending January 2, 1992;
for more than 180 consecutive days, any part of which
occurred during the period beginning September 11, 2001, and ending on
the date prescribed by Presidential proclamation or by law as the last
day of Operation Iraqi Freedom; or
in a campaign or expedition for which a campaign medal
has been authorized, such as El Salvador, Lebanon, Grenada, Panama,
Southwest Asia, Somalia, and Haiti.
To qualify for a five-point preference, medal holders and Gulf War
veterans who originally enlisted after September 7, 1980, or entered on
active duty on or after October 14, 1982, without having previously
completed 24 months of continuous active duty, must have served
continuously for 24 months or the full period called or ordered to
active duty. As of October 1, 1980, military retirees at or above the
rank of major or equivalent are not entitled to preference unless they
qualify as disabled veterans.
A ten-point preference is given to
honorably separated veterans who qualify as disabled
veterans because they have served on active duty in the Armed Forces at
any time and have a present service-connected disability or are
receiving compensation, disability retirement benefits, or pension from
the military or the Department of Veterans Affairs;
honorably separated veterans who are Purple Heart
recipients;
the spouse of a veteran unable to work because of a
service-connected disability;
the unmarried widow of certain deceased veterans; and
certain mothers of veterans who died in service or who
are permanently and totally disabled.\12\
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\12\ To receive the 10-point preference, the mother must be either:
(1) married with a husband who is totally disabled; or (2) widowed,
divorced, or separated at the time the 10-point preference is claimed
(the mother loses the 10-point preference when she remarries).
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Special Appointment (Hiring) Authority
There are three special appointment authorities available to
Federal Government agencies related to veterans: (1) Veterans
Recruitment Appointment (VRA); (2) Veterans Employment Opportunity Acts
(VEOA); and (3) 30 percent or More Disabled Veteran (30 percent).
Veterans Recruitment Appointment (VRA)
The use of a VRA allows agencies to appoint an eligible veteran
without competition. The VRA is an excepted appointment to a position
that is otherwise in the competitive service. After 2 years of
satisfactory service, the veteran may be converted to a career-
conditional appointment in the competitive service.\13\
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\13\ A veteran may be given a noncompetitive temporary or term
appointment based on VRA eligibility. These appointments do not lead to
career jobs.
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Once in Federal employment, VRAs are treated like any other
competitive service employee and may be promoted, reassigned, or
transferred. VRA appointees with less than 15 years of education must
complete a training program established by the agency. Veterans
eligible for a VRA appointment are
disabled veterans;
veterans who served on active duty in the Armed Forces
during a war, or in a campaign or expedition for which a campaign badge
has been authorized;
veterans who, while serving on active duty in the Armed
Forces, participated in a United States military operation for which an
Armed Forces Service Medal was awarded; or
recently separated veterans.
In addition to meeting the criteria above, veterans must have been
separated under honorable conditions (i.e., the individual must have
received either an honorable or general discharge).
Veterans Employment Opportunity Act (VEOA)
Federal agencies can recruit outside their own workforce, to all
competitive service employees, in filling permanent competitive service
openings. Veterans are eligible to apply for this type of open position
even if not a current competitive service employee if the veteran is a
preference eligible or has completed three or more years of active
service. The Federal Government agency can then appoint the veteran
using the VEOA appointment authority.
Thirty Percent or More Disabled Veteran
The 30 percent or more disabled veteran authority allows a Federal
Government agency to non-competitively appoint any veteran with a 30
percent or more service-connected disability to a permanent, temporary
(1 year or less), or term (1 to 4 years) positions in the competitive
service. For permanent appointments, the veteran is placed in a time
limited (60 days maximum) appointment and then converted to permanent
at management's discretion.
Affirmative Action: Federal Agencies
Federal agencies must have a separate affirmative action program
for disabled veterans as part of agency efforts to hire, place, and
advance persons with disabilities under the Rehabilitation Act of 1973
(P.L. 93-112).\14\ Agencies are required to
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\14\ Each year the Office of Personnel Management (OPM) prepares a
report with information on the accomplishments of affirmative action
programs for disabled veterans. The OPM reports are available at http:/
/www.opm.gov/veterans/dvaap.asp.
provide placement consideration under special
noncompetitive hiring authorities for VRAs and veterans with a
disability rating of 30 percent or more;
ensure that all veterans are considered for employment
and advancement under merit system rules; and
establish an affirmative action plan for the hiring,
placement, and advancement of disabled veterans.
Affirmative Action: Contractors and Subcontractors
Contractors and subcontractors with Federal contracts in excess of
$100,000 must report to the DOL on efforts to hire veterans in specific
categories: disabled veterans, other protected veterans, Armed Forces
service medal veterans, and recently separated veterans. Contractors
and subcontractors are required to post job openings through State job
services or one stop offices, and may post job openings on the Federal
online service (America's Job Bank).\15\
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\15\ The Federal online employment service can be found at http://
www.usajobs.com/.
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Veterans Hiring Initiative
On November 9, 2009, President Obama issued Executive Order 13518,
which established a Veterans Hiring Initiative and established a
Council on Veterans Employment co-chaired by the Secretaries of DOL and
VA. As part of the initiative, the Office of Personnel Management (OPM)
established a new Web site--http://www.fedshirevets.gov--to provide
information for veterans on Federal Government employment. One of the
features of the Web site is an agency directory providing for each
agency, the name, email address, and telephone number of the individual
within each agency responsible for promoting veterans' employment
within the agency.
Other Federal Assistance
The Department of Defense Appropriations Act, 2003 (P.L. 107-248)
authorized the DoD to transfer funds to the Center for Military
Recruitment, Assessment, and Veterans Employment. The center is a
501(c)(6) organization supported by construction employers and building
and trade organizations within the AFL-CIO to help veterans find
employment in the construction industry, through operation of the
``Helmets to Hardhats'' program.\16\ The transfer of funds has been
done each year since FY 2003, with the FY 2010 transfer being $3.0
million as provided by the Department of Defense Appropriations Act
(P.L. 111-118).
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\16\ For more Information, see the program Web site at http://
www.helmetstohardhats.com/.
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The Department of Education transfers funds to the DoD to provide
funding for participants in the ``Troops 2 Teachers'' Program. The
program can provide a stipend of up to $5,000 for eligible military
personnel to obtain certification as an elementary, secondary, or
vocational/technical teacher. Instead of the stipend for certification,
the program may pay a bonus of up to $10,000 to participants who teach
in a high-poverty school. For FY 2010, the funding for the program is
$14 million.
Author Contact Information
Christine Scott Specialist in Social Policy [email protected], 7-
7366
Prepared Statement of Philip L. Rones, Deputy Commissioner,
Bureau of Labor Statistics, U.S. Department of Labor
Madam Chair and Members of the Subcommittee:
Thank you for this opportunity to discuss the State of veterans'
employment. In general, the employment situation among veterans overall
does not differ much from that of nonveterans with similar demographic
characteristics. However, age and other differences affect labor force
status. It is important to consider these factors when comparing the
employment situation of veterans to those of nonveterans, or when
comparing different groups of veterans, because these groups differ in
their demographic compositions. For example, recent veterans tend to be
under the age of 35, and younger workers--whether veterans or
nonveterans--are more likely to be unemployed than older workers.
Information on the employment and unemployment status of veterans
is obtained from the Current Population Survey (CPS), a monthly sample
survey of about 60,000 households that is the source of the national
unemployment rate. Basic labor market data about veterans are collected
each month. Additional data on service-connected disability, Reserve or
National Guard status, and service in a combat or war zone are now
collected once a year. I would like to mention that a table showing
veterans' and nonveterans' labor force status was recently added to the
monthly Employment Situation news release.
In the CPS, veterans are defined as men and women who have
previously served on active duty in the U.S. Armed Forces and who were
civilians at the time they were surveyed. Veterans are grouped
according to the era during which they served. Veterans who served in
more than one wartime period are classified in the most recent one.
Those who served during a wartime period and another period are
classified in the wartime period.
In 2009, there were about 22 million veterans among the civilian
noninstitutional population ages 18 and over. About half (51 percent)
of them last served during World War II, the Korean War, and the
Vietnam era. Virtually all of those veterans are age 55 and older, and
only 3 percent are women.
Almost 2 million veterans served during Gulf War era II (September
2001 forward), accounting for nearly 1 in 10 of all veterans. These
veterans are young--nearly two-thirds are under the age of 35. Also far
more are women--18 percent--than were veterans of earlier eras. These
younger veterans also have much different levels of education than do
nonveterans of the same age. For example, among 25 to 34 year olds,
veterans are far less likely to be high school dropouts (2 percent
compared to 12 percent for nonveterans in 2008), but they are also less
likely to have received a bachelor's degree (19 percent versus 33
percent). That college graduation gap nearly disappears among veterans
in the 35 to 44 age group.
For most age and sex groups, employment status did not vary much
based on veteran status. However, male veterans age 18 to 24 were
somewhat more likely to be employed than were their nonveteran
counterparts. Veterans of Gulf War era II were more likely to be
employed than were veterans from World War II, the Korean War, and the
Vietnam era, but that simply reflects the fact that so many veterans
from these eras have reached retirement ages.
Veterans of Gulf War era II who served in combat or war zones had
employment rates that were similar to those of veterans of the era who
did not serve in combat or war zones, according to August 2009 data
from the CPS veterans supplement survey. Noncombat veterans of World
War II, the Korean War, and the Vietnam era had a somewhat higher share
of their population in employment than did those who had served in a
combat or war zone, but that is likely the result of the combat
veterans being somewhat older.
The Committee also asked about unemployment rates for female versus
male veterans. In 2009, there was no statistically significant
difference between the unemployment rates for female and male veterans,
as the rates were 8.0 and 8.1 percent, respectively. The jobless rates
for female and male veterans of Gulf War era II were not statistically
different either, 11.5 percent versus 9.9 percent. (The standard error
for the unemployment rate of female Gulf War-era II veterans is large
because of the relatively small size of this group.)
Recent press reports have noted the high unemployment rate for 18
to 24 year old male Gulf War era II veterans, 21.6 percent in 2009.
This is slightly higher than the rate for male nonveterans of that age.
The jobless rates for both groups have about doubled since 2007,
reflecting the impact of the recession. A sharp rise also occurred in
the unemployment rates for older male Gulf War era II veterans,
although their rates are lower than those of their young counterparts.
In August 2009, about 2.8 million veterans, or 13 percent of the
total, reported having a service-connected disability. Veterans with a
service-connected disability are assigned a disability rating by the
U.S. Department of Veterans Affairs. Ratings range from 0 to 100
percent, in increments of 10 percentage points, depending on the
severity of the condition. According to the CPS, about 4 in 10 disabled
veterans reported a disability rating of less than 30 percent, while
about 1 in 4 had a rating of 60 percent or higher.
Among veterans who served during Gulf War eras I and II (anytime
since August 1990), about 20 percent reported having a service-
connected disability in August 2009. The unemployment rate of disabled
veterans from the Gulf War eras was 10.4 percent, not statistically
different from the rate for nondisabled veterans (9.7 percent). But the
effect of their disability tends to reveal itself in employment
measures, more so than unemployment. Of the disabled Gulf War era
veterans, 71 percent were employed, compared with 82 percent of
nondisabled veterans from this period. (This discussion of service-
connected disability looks at Gulf War eras I and II combined in order
to increase the statistical reliability of the estimates.)
Veterans are more likely to work for the Federal Government than
are nonveterans. In August 2009, almost 20 percent of employed veterans
with a service-connected disability worked for the Federal Government,
as did about 8 percent of veterans without a service-connected
disability. By comparison, only 2 percent of nonveterans worked for the
Federal Government. Younger male Gulf War II era veterans (those 25 to
34) are more likely than their nonveteran counterparts to work in
service occupations and in construction, maintenance, and production
jobs, and less likely to work in professional jobs and in sales and
office occupations. Veterans in the 35-to-44 age group are more likely
to be professionals and managers than their younger counterparts.
Finally, I would like to note that Gulf War-era II veterans who
were current or past members of the Reserve or National Guard had an
unemployment rate of 10.6 percent in August 2009, compared with a rate
of 13.8 percent for those who had not been members. That difference is
largely related to the older age profile of the Reserve and Guard
veterans.
My colleagues and I now would be glad to answer your questions.
__________
[Text and Image Version of Slide Presentation]
Employment Situation of Veterans 2009
Philip L. Rones
Deputy Commissioner
Bureau of Labor Statistics
April 15, 2010
Where do the data come from?
The data are collected as part of the Current Population
Survey (CPS). The CPS is a monthly survey of about 60,000 households.
The CPS is a joint program between the Bureau of Labor
Statistics (BLS) and the Census Bureau.
It is the source of civilian employment and unemployment
data, including the national unemployment rate.
Questions are included in the survey that identify
veterans and their period of service (when they served).
Who are veterans?
Veterans are men and women who served on active duty in
the U.S. Armed Forces and were civilians at the time of the survey.
Members of the Reserve and National Guard are counted as veterans if
they have ever been called to active duty.
Nonveterans are men and women who have never served on
active duty in the U.S. military.
Periods of Service
Labor force statistics are available by these periods of
service:
Gulf War era II = Sept. 2001-present
Gulf War era I = Aug. 1990-Aug. 2001
Vietnam era = Aug. 1964-April 1975
Korean War = July 1950-Jan. 1955
World War II = Dec. 1941-Dec. 1946
Other service periods = All other time periods
``Other service periods'' are the dates between war periods:
May 1975-July 1990, Jan. 1947-June 1950,
Feb. 1955-July 1964, Nov. 1941 or earlier
NOTE: The CPS monthly survey does not identify where a veteran served.
Data on veterans are available monthly from the Current Population
Survey (CPS)
Veterans data are published monthly in the Employment
Situation news release.
Additional tables are available from BLS on topics such
as:
Age, sex, race, and Hispanic ethnicity
Occupation and industry
Full or part-time status
Class of worker (private, government, self-employed,
unpaid family worker)
Duration of unemployment
Additional data are available from the veterans supplement
Collected every 2 years since 1985; conducted annually
beginning in 2009. (August 2009, July 2010, August 2011, August 2012).
Co-sponsored by the Veterans' Employment and Training
Service (VETS) and the Department of Veterans Affairs (VA).
Provides additional information about veterans such as
presence and rating of service-connected disability, Reserve or
National Guard status, and service in a combat or war zone.
Employment Situation of Veterans
Characteristics of veterans
Chart 1. Of the 22 million veterans, the largest group is from WWII,
Korean War, and Vietnam era
[GRAPHIC] [TIFF OMITTED] 57015A.002
Note: Gulf War-era II veterans served anywhere on active duty since
September 2001. Gulf War-era I veterans served anywhere between August
1990 and August 2001.
Source: Bureau of Labor Statistics, Current Population Survey,
annual averages 2009.
Chart 2. Most veterans are men
[GRAPHIC] [TIFF OMITTED] 57015A.003
Source: Bureau of Labor Statistics, Current Population Survey,
annual averages 2009
Chart 3. Overall, veterans are older than nonveterans
[GRAPHIC] [TIFF OMITTED] 57015A.004
Source: Bureau of Labor Statistics, Current Population Survey,
annual averages 2009
Chart 4. Most Gulf War-era II veterans are under 35 years old
[GRAPHIC] [TIFF OMITTED] 57015A.005
Source: Bureau of Labor Statistics, Current Population Survey,
annual averages 2009
Chart 5. Among men, veterans age 18-24 are somewhat more likely than
nonveterans to be employed
[GRAPHIC] [TIFF OMITTED] 57015A.006
Source: Bureau of Labor Statistics, Current Population Survey,
annual averages 2009
Chart 6. Women of similar ages are employed at about the same rates
[GRAPHIC] [TIFF OMITTED] 57015A.007
Source: Bureau of Labor Statistics, Current Population Survey,
annual averages 2009
Chart 7. WWII, Korean War, and Vietnam-era veterans tend to have lower
employment rates, largely reflecting their age
[GRAPHIC] [TIFF OMITTED] 57015A.008
Source: Bureau of Labor Statistics, Current Population Survey,
annual averages 2009
Chart 8. Employment varies little by combat status
[GRAPHIC] [TIFF OMITTED] 57015A.009
Source: Bureau of Labor Statistics, Current Population Survey,
annual averages 2009
Chart 9. Male veterans and female veterans have similar unemployment
rates by period of service
[GRAPHIC] [TIFF OMITTED] 57015A.010
Note: The unemployment rates of male and female Gulf War-era II
veterans are similar. The unemployment rate for female Gulf War-era II
veterans is based on a relatively small sample. Small samples have
large standard errors.
Source: Bureau of Labor Statistics, Current Population Survey,
annual averages 2009
Chart 10. Among veterans who served sometime since August 1990, there
is little difference in the unemployment rates of those with or
without a service-connected disability
[GRAPHIC] [TIFF OMITTED] 57015A.011
Source: Bureau of Labor Statistics, Current Population Survey,
August 2009 veterans supplement
Chart 11. Among veterans who served sometime since August 1990, those
with a service-connected disability are less likely to be
employed than those without a service-connected disability
[GRAPHIC] [TIFF OMITTED] 57015A.012
Source: Bureau of Labor Statistics, Current Population Survey,
August 2009 veterans supplement
Chart 12. 1 of 5 employed disabled veterans works for the Federal
Government
[GRAPHIC] [TIFF OMITTED] 57015A.013
Note: ``Other workers'' includes persons employed in agriculture,
the unincorporated self-employed, and unpaid family workers. Totals may
not add to 100 percent because of rounding.
Source: Bureau of Labor Statistics, Current Population Survey,
August 2009 veterans supplement.
Chart 13. Current or past members of the Reserve or National Guard have
higher employment rates and lower unemployment rates than
veterans who never were members of the Reserve or National
Guard
[GRAPHIC] [TIFF OMITTED] 57015A.014
Source: Bureau of Labor Statistics, Current Population Survey,
August 2009 veterans supplement.
Further information is available at: http://www.bls.gov/cps/
demographics.htm#vets or by calling (202) 691-6378
Prepared Statement of Mark Walker, Deputy Director,
National Economic Commission, American Legion
Madame Chairwoman, Ranking Member Boozman and distinguished Members
of the Subcommittee, thank you for the opportunity to submit the views
of The American Legion regarding the ``Status of Veterans Employment.''
The Department of Labor (DOL) reports that one in three Iraq and
Afghanistan veterans under the age of 24 are currently out of work. The
unemployment rate for veterans of all ages was 9.8 percent in March.
According to the same DOL report, the total number of unemployed
veterans of the two wars is about 250,000. Unfortunately, many of the
thousands of servicemembers who are currently leaving the service are
from the combat arms and non-skilled professions that are not readily
transferable to the civilian labor market. The American Legion
understands that, with an overall unemployment rate at 14.7 percent for
Iraq and Afghanistan veterans, there is an immense need to ensure that
veterans are getting trained and are afforded ample opportunities to
succeed in this unstable job market.
DEPARTMENT OF LABOR (DOL) VETERANS' EMPLOYMENT AND TRAINING SERVICE
(VETS)
The American Legion is eager to see VETS grow; and especially would
like to see greater expansion of entrepreneurial-based, self-employment
opportunity training. The mission of VETS is to promote the economic
security of America's veterans. This mission is executed by assisting
veterans in finding meaningful employment. The American Legion believes
that by strengthening American veterans, we in turn strengthen America.
Annually, the Department of Defense (DoD) discharges approximately
200,000 servicemembers. Recently separated servicemembers will seek
immediate employment or, increasingly, have chosen some form of self-
employment. In order for the VETS program to assist these veterans to
achieve their goals, it needs to:
Expand its outreach efforts with creative initiatives
designed to improve employment and training services for veterans;
Provide employers with a labor pool of quality applicants
with marketable and transferable job skills;
Provide information on identifying military occupations
that require licenses, certificates or other credentials at the local,
State, or national levels;
Eliminate barriers to recently separated servicemembers
and assist in the transition from military service to the civilian
labor market;
Strive to be a proactive agent between the business and
veterans' communities to provide greater employment opportunities for
veterans; and,
Increase training opportunities, support, and options for
veterans who seek self-employment and entrepreneurial careers.
The American Legion believes staffing levels for Disabled Veterans'
Outreach Program (DVOPs) Specialists and Local Veterans' Employment
Representatives (LVERs) should match the needs of the veterans'
community in each State and should not be based solely on the fiscal
needs of the State government. Such services will continue to be
crucial as today's active duty servicemembers, especially those
returning from Iraq and Afghanistan, transition into the civilian work
world. Education, vocational and entrepreneurial training and
employment opportunities will enable these veterans to succeed in their
future endeavors. Adequate funding will allow these programs to
increase staffing to provide comprehensive case management and job
placement assistance to disabled and other eligible veterans.
Section 4103A, title 38, United States Code (USC), requires that
all DVOP specialists shall be qualified veterans and preference be
given to qualified disabled veterans in appointment to DVOP specialist
positions. Section 4104(c), title 38, USC, states: ``A State shall, to
the maximum extent practicable, employ qualified veterans or eligible
persons to carry out the services referred to in subsection (a).
Preference shall be accorded first to qualified service-connected
disabled veterans; then, if no such disabled veteran is available, to
qualified eligible veterans; and, if no such eligible veteran is
available, then to qualified eligible persons.''
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 and should be additionally
educated to be able to address the needs of veterans who desire
entrepreneurial support. The American Legion also believes that all
employees of the Veterans' Employment and Training Services should be
eligible veterans including Veteran Program Specialists.
The American Legion supports legislation to restore language to
Chapter 41, title 38, USC, that requires that part-time DVOP/LVER
positions be assigned only after approval of the VETS program, and that
the Secretary of Labor be required to monitor all career centers that
have veterans on staff. P.L. 107-288 eliminated the requirement DOL-
VETS review all workforce centers annually and this has minimized
Federal oversight of the programs. The Assistant Secretary (ASVET) has
drastically cut funds for this activity and established a policy that
only 10 percent of the centers operated under title 38, USC, will be
reviewed. P.L. 107-288 removed the job descriptions of DVOPs and LVERs
from title 38, USC, and gave the States the ability to establish the
duties and responsibilities, thus weakening the VETS program across the
country by eliminating the language that required these staff positions
provide services only to veterans. Additionally, The American Legion
seeks legislation that will transfer all DVOPs and LVERs from the State
Agencies to DOL-VETS for supervision and oversight in order to ensure
that the individuals employed to serve veterans are not used for other
programs.
Veterans returning from Afghanistan, Iraq and other tours of duty
are not always coming back to a hero's welcome--at least from
employers. The Bureau of Labor Statistics reported that the jobless
rate for veterans between ages 18 to 24 was 21.1 percent in 2009.
Numerous national publications have reported veterans are having a more
difficult time finding jobs compared to non-veterans, due to physical
and mental health issues, multiple deployments and difficulty with
translating military skills into civilian workforce language. The
employment market is tougher for young veterans. This is a major reason
why funding the VETS program is so critical.
Veterans need proper training and tools to begin new careers after
they leave military service. The Veterans Workforce Investment Program
(VWIP) has received $9.6 million in funding, which allows the program
to operate in only 15 States. There are thousands of veterans available
for work, but they lack marketable, technological skills, especially
for jobs that exist in the Information Age economy. The problem is
clearly a lack of adequate funding. Veterans are the only participants
in this program. The budget baseline needs to be increased to allow
VETS to train eligible veterans in all 50 States in FY 2011.
MILITARY OCCUPATIONAL SPECIALTY TRANSITION (MOST) PROGRAM
The American Legion supports the new legislation, H.R. 929,
introduced by Representative Welch (VT) that will authorize $60 million
for the next 10 years to fund the program modeled after the highly
successful Servicemembers' Occupational Conversion and Training Act
(SMOCTA). SMOCTA was originally established to respond to the needs of
veterans who had been hurt by the downsizing of the military in the
1990s by providing job training and employment to eligible veterans.
Veterans eligible for assistance under SMOCTA were those with a primary
or secondary military occupational specialty that DoD determined were
not readily transferable to the civilian workforce or those veterans
with a service-connected disability rating of 30 percent or higher.
SMOCTA was a unique job-training program because there was a job for
the veteran upon completion of training. Many LVERs and DVOPs publicly
praised the effectiveness of SMOCTA because it successfully returned
veterans to the civilian workforce.
H.R. 929, The Military Occupational Specialty Transition Act
(MOST), builds upon the success of SMOCTA and would help veterans who
are not currently eligible for training or education benefits, are
unemployed or underemployed, and whose military training does not
readily transfer to the civilian workforce. MOST would help businesses
defray the costs of providing veterans with on-the-job training by
providing up to 50 percent of a veteran's wage during training. The
Congressional Budget Office estimates MOST could provide 3,000 veterans
a year with the skills they need to compete in this challenging
economic environment.
If enacted, MOST would be the only Federal job training program
available strictly for veterans and the only Federal job training
program specifically designed and available for use by State veterans'
employment personnel to assist veterans with barriers to employment.
Today, with a tough economy and the high demands this Nation places
on veterans, the rationale for reestablishing a modernized version of
an effective job placement and on-the-job training program is stronger
than ever.
VOCATIONAL REHABILITATION AND EMPLOYMENT SERVICE (VR&E)
Since the 1940s, VA has provided vocational rehabilitation
assistance to veterans with disabilities incurred during military
service. The Veterans Rehabilitation and Education Amendments of 1980,
Public Law (P.L.) 96-466, changed the emphasis of services from
training, aimed at improving the employability of disabled veterans, to
helping veterans obtain and maintain suitable employment and achieve
maximum independence in daily living. Vocational Rehabilitation and
Employment (VR&E) program employment goals are accomplished through
training and rehabilitation programs authorized under Chapter 31 of
title 38, USC. Title 38, USC, provides a 12-year period of eligibility
after the veteran is discharged or first notified of a service-
connected disability rating. To be entitled to VR&E services, veterans
must have at least a 20 percent service-connected disability rating and
an employment handicap or less than a 20 percent disability and a
serious employment handicap.
The mission of the VR&E program is to help qualified, service-
disabled veterans achieve independence in daily living and, to the
maximum extent feasible, obtain and maintain suitable employment. The
American Legion fully supports these goals. As a nation at war, there
continues to be an increasing need for VR&E services to assist
Operation Iraqi Freedom and Enduring Freedom veterans in reintegrating
into independent living, achieving the highest possible quality of
life, and securing meaningful employment.
The success of the rehabilitation of our disabled veterans is
determined by the coordinated efforts of every Federal agency (DoD, VA,
DOL, Office of Personnel Management, Department of Housing and Urban
Development, etc.) involved in the seamless transition from the
battlefield to the civilian workplace. Timely access to quality health
care services, favorable physical rehabilitation, vocational training,
and job placement play a critical role in the ``seamless transition''
of each veteran, as well as his or her family.
Administration of VR&E and its programs is a responsibility of the
Veterans Benefits Administration (VBA). Providing effective employment
programs through VR&E must become a priority. Until recently, VR&E's
primary focus has been providing veterans with skills training, rather
than providing assistance in obtaining meaningful employment. Clearly,
any employability plan that doesn't achieve the ultimate objective--a
job--is falling short of actually helping those veterans seeking
assistance in transitioning into the civilian workforce. Eligible
veterans who are enrolled into the education and training programs
receive a monthly allowance; those veterans who use VR&E for assistance
with immediate employment do not. This policy leaves out needed
assistance for veterans looking for immediate employment, which could
lead that veteran into a different track and miss out on early entry
into the civilian workforce.
Another problem hindering the effectiveness of the VR&E program, as
cited in reports by the Government Accountability Office (GAO), is
exceptionally high workloads for the limited number of staff. This
hinders the staff's ability to effectively assist individual veterans
with identifying employment opportunities. A recent GAO report noted
that 54 percent of all 57 regional offices stated they have fewer
counselors than they need and 40 percent said they have fewer
employment coordinators than they need. As in the past, achieving ample
staffing in VR&E is a major concern. Without sufficient staffing, the
success of VR&E programs becomes extremely challenging, especially due
to the returning veterans from Iraq and Afghanistan and their more
complex cases.
Vocational counseling also plays a vital role in identifying
barriers to employment and matching veterans' transferable job skills
with those career opportunities available for fully qualified
candidates. Becoming fully qualified becomes the next logical objective
toward successful transition. Veterans' preference should play a large
role in vocational counseling as well. The Federal Government has
scores of employment opportunities that educated, well-trained, and
motivated veterans can fill given a fair and equitable chance to
compete. Working together, all Federal agencies should identify those
vocational fields, especially those with high turnover rates, suitable
for VR&E applicants. Career fields like information technology, claims
adjudications, and debt collection offer employment opportunities and
challenges for career-oriented applicants that also create career
opportunities outside the Federal Government.
LICENSING AND CERTIFICATION
DoD provides some of the best vocational training in the Nation for
its military personnel. It establishes measures and evaluates
performance standards for every occupation within the Armed Forces.
There are many occupational career fields in the Armed Forces that
easily translate to a civilian counterpart in the civilian workforce
that require a license or certification. In the Armed Forces, these
unique occupations are performed to approved military standards that
may meet or exceed the civilian license or certification criteria.
Upon separation, however, many servicemembers, certified as
proficient in their military occupational career, are not licensed or
certified to perform the comparable job in the civilian workforce, thus
hindering chances for immediate civilian employment and delaying career
advancement. This situation creates an artificial barrier to employment
upon separation from military service. Military Occupation Specialties
(MOS) or ratings such as motor transport, corpsman or medic, need to
undergo additional training, once out of the service, to work in their
career path. This process slows down the veteran in obtaining gainful
employment.
The American Legion supports efforts to eliminate employment
barriers that impede the transfer of military job skills to the
civilian labor market. We also support efforts that require DoD take
appropriate steps to ensure that servicemembers be trained, tested,
evaluated and issued any licensure or certification that may be
required in the civilian workforce prior to separation. The American
Legion supports efforts to increase the civilian labor market's
acceptance of the occupational training provided by the military.
VETERANS EDUCATION
With the passage and implementation of the Post-9/11 GI Bill,
veterans are now able to attend school at no cost to them in additional
to receiving a housing allowance and an annual books stipend. These
benefits are entitled benefits to those who have served since September
11, 2001, and will allow those individuals to gain an education and
solid employment path. With all the benefits there are still
disparities that exist in the current Post-9/11 GI Bill.
Veterans choose different career paths and with that they decide on
alternate educational path. Veterans receive certain training in the
military and would like to continue their career path by attending
vocational schools, apprenticeship program, on-the-job training and
possible flight training. In order for these veterans to receive
benefits, they must use the Montgomery GI Bill benefits. Comparatively,
the Post-9/11 GI Bill provides a more comprehensive payment, but
because veterans are not attending degree-granting institutions or
Institutes of Higher Learning, they cannot use Chapter 33 and must rely
on the Montgomery GI Bill to receive their education.
They will not receive in-state tuition, not the housing allowance
nor the books stipend, but instead will receive a small financial
figure to help them through this education process. The veteran is
entitled to the Post-9/11 GI Bill, but cannot use their comprehensive
education benefits for the school of their choosing. Veterans and their
families need to become productive members of the working force in the
shortest amount of time and, in most cases, a 10-20 month ongoing
program is much shorter than spending 4 years getting a degree that
does not guarantee them employment. Employment in this economy is the
final outcome. The American Legion wants to ensure that this is the
final goal and that with the use of all of their benefits that veterans
have a choice in choosing employment path.
CONCLUSION
The American Legion strongly believes that with the status of the
economy and veterans' unemployment being at a staggeringly high number
that we are duly responsible for the welfare of these veterans and
their families. The American Legion is working hard to assist veterans
during their time of need with our Temporary Financial Assistance, and
direct employment assistance through our Economic Division; however,
the Federal Government can ensure that the programs that are in place
are fully staffed, efficient and achieving their goals of finding
veterans gainful employment. The American Legion will continue to
assist veterans and their families in their transition to employment
through our Career Fairs that we sponsor across the country with
Military.com and RecruitMilitary along with the Small Business
Development Workshops that we hold during our annual Washington
Conference and National Convention. Lastly, The American Legion would
like the opportunity to work with Congress to ensure that veteran-based
programs are successful.
Again, thank you for the opportunity to submit the opinion of The
American Legion on these issues.
Prepared Statement of Tim S. Embree, Legislative Associate,
Iraq and Afghanistan Veterans of America
Madam Chairwoman, Ranking Member, and Members of the Subcommittee,
on behalf of Iraq and Afghanistan Veterans of America's one hundred and
eighty thousand members and supporters, I would like to thank you for
allowing us to testify before your Subcommittee. My name is Tim Embree
and I served two tours in Iraq with the United States Marine Corps
Reserves. The ``Status of Veterans Employment'' is a critical issue
facing many Iraq and Afghanistan veterans and IAVA welcomes the
opportunity to discuss this issue at length with you.
Executive Summary:
America's newest veterans face serious employment challenges. The
process of returning to civilian life is complicated by the most severe
economic recession in decades. Furthermore, many Iraq and Afghanistan
veterans, leaving the active-duty military, find civilian employers who
do not understand the value of their skills and military experience. As
a result, unemployment rates for Iraq and Afghanistan veterans are
staggering. Additionally, the National Guardsmen and Reservists who
leave behind their civilian lives to serve alongside active-duty
troops, are inadequately protected against job discrimination. The
experience of previous generations of veterans who faced similar
situations suggest that today's veterans may continue to struggle for
years to come.
IAVA recommends the following to combat veterans' unemployment:
Fully restore funding to the ESGR, which provides
critical USERRA protections for deploying Guard and Reservists. ESGR is
slated to be cut 17 percent in FY 2011.
Grant Post-9/11 GI Bill benefits to veterans who enroll
in apprenticeships, On the Job Training, and vocational programs.
Allow service-disabled veterans the option to use their
education benefits and voc-rehab services concurrently.
Extend the tax credit in the American Recovery and
Reinvestment Act, which incentivizes hiring Iraq and Afghanistan
veterans, beyond 2010.
Increase Department of Labor VETS budget by $7.3 million
for FY 2011 to improve job placement programs.
Mandate public reporting of all VETS-100 forms (# of
veterans hired by Federal contractors).
Create civil and criminal penalties for employers who
knowingly violate USERRA protections.
Extend USERRA protections to National Guardsmen,
Reservists, and servicemembers working in domestic response operations,
such as hurricane or wildfire missions.
I. Status of Veterans Employment
``I have had to move my family 2-3 times in search for employment . . .
I have had LOTS of difficulty finding employment''--IAVA Vet
Unemployment rates among new veterans have risen significantly in
the last 2 years. According to the Bureau of Labor Statistics, in 2009,
the average unemployment rate for Iraq and Afghanistan-era veterans was
10.2 percent. Unemployment rates from 2007 and 2008 were 6.1 percent
and 7.3 percent respectively. The unemployment rate of Reserve and
National Guardsmen, who often leave behind civilian jobs when they
deploy, have more than quadrupled since 2007. They now rival that of
veterans recently discharged from the military--10.6 percent vs. 13.8
percent.
Disturbingly, the situation appears to be deteriorating further.
According to the Bureau of Labor Statistics, in March 2010, the
unemployment rate of Iraq and Afghanistan-era veterans was 14.7
percent.i
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\i\ Bureau of Labor Statistics, ``Employment Situation Summary:
March 2010,'' April 2, 2010, Table A-5: http://www.bls.gov/
news.release/empsit.nr0.htm.
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Unemployment Rates of Iraq and Afghanistan-Era Veterans
[GRAPHIC] [TIFF OMITTED] 57015A.015
``All the jobs I found that would hire vets were security jobs that pay
$8 bucks an hour''--IAVA Vet
Finding a job for a returning veteran is hard, but finding quality
employment is extremely difficult. Sixty-one percent of employers do
not believe they have ``a complete understanding of the qualifications
ex-servicemembers offer'' ii and recently separated
servicemembers with college degrees earn on average almost $10,000 less
per year than their nonveteran counterparts.iii This wage
gap could continue for decades; Vietnam veterans earned significantly
less than their civilian peers till they were in their fifties.
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\ii\ Military.com, ``Military.com Study Reveals Profound Disconnect
between Employers and Transitioning Military Personnel,'' November 5,
2007: http://www.military.com/aboutus/twocolumn/
0,15929,PRarticle110507,00.html.
\iii\ Abt. Associates, Inc. ``Employment Histories Report, Final
Compilation Report,'' March 24, 2008: http://www1.va.gov/vetdata/docs/
Employment_History_080324.pdf.
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IAVA is also concerned about the duration of new veterans'
unemployment. In 2009, 75,000 Iraq and Afghanistan-era veterans
suffered from long-term unemployment--15 weeks or more. This represents
more than 45 percent of all unemployed new veterans in 2009.
``First interview question was `Are you going to be hired and then have
to leave again?' ''--IAVA vet
Employers are growing increasingly wary of hiring or reemploying
National Guardsmen and Reservists because of their unprecedented
mobilization rates. Tens of thousands of reservists returning from
combat are not being promptly reemployed or when reemployed they are
not receiving the pay, pensions, health care coverage, and other
benefits they are entitled to. More than 40 percent of Guardsmen and
Reservists lose income when they are mobilized.iv Self-
employed reservists are suffering 55 percent earnings losses when they
are activated.
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\iv\ ``41 percent of drilling unit members reported income loss
[when mobilized for a contingency operation].'' GAO-03-573T, ``Military
Personnel: Preliminary Observations Related to Income, Benefits, and
Employer Support for Reservists During Mobilization.'' March 19, 2003:
http://www.gao.gov/new.items/d03549t.pdf.
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II. Existing Programs
Federal veterans' employment services can be categorized into one
of three types of programs: job training, job placement and job
protection. A proper balance of attention and resources must be
dedicated to each category to ensure our Nation's veterans can
successfully return to work.
A. Job Training Programs
GI Bill Benefits
``After approximately 30 interviews and temporary positions I chose
to attend school under the new GI Bill.''--IAVA Vet
The new GI Bill is the greatest investment in veterans and their
families since World War II and it couldn't have come at a better time.
Veterans, facing tough economic times and high unemployment numbers,
are flocking to universities across the Nation, making themselves more
marketable on the job front. The Post-9/11 GI Bill has enabled over
230,000 studentsv to attend first-rate colleges and
universities.
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\v\ Spring 2010 GI Bill Benefit Processing, http://gibill.va.gov/
spring2010.htm
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``This was a huge disappointment to me when I found out my schooling
was not covered under the new GI Bill . . . I am a mechanic by
vocation, there are no 4-year degree programs for people like me.''--
IAVA Vet
Unfortunately, a significant number of veterans have been short-
changed under the new GI Bill. Apprenticeships, On-the-Job-Training and
vocational programs are excluded from the new GI Bill. IAVA believes
the Post-9/11 GI Bill should be extended to veterans enrolled in these
highly beneficial programs.
Non-degree granting schools, or vocational schools, are
specifically excluded from the new GI Bill and no provision was made
for Apprenticeship and On-the-Job-Training (OJT) programs. Both types
of programs were covered under the old GI Bill. Oddly, a veteran can
still use their new GI Bill to obtain a vocational certificate just not
at a vocational school.
Veterans pursuing vocational training should not be penalized for
going to a strictly vocational school. The WWII GI Bill sent over 8
million veterans to school. More than half of those veterans were not
seeking a college degree; they participated in some type of vocational
training program. Unfortunately, nearly 16,000 modern veterans pursuing
vocational training will not be able to access the new GI Bill.
Vocational Rehabilitation and Employment Services (Voc-Rehab)
The Voc-Rehab program offers individual rehabilitation programs for
disabled veterans with an emphasis on employment counseling and
services, as well as assistance finding a job. For severely disabled
veterans, unable to return to work, the program gives them the tools to
live as independently as possible. Participants who complete the
rehabilitation earn on average six times what they did before the
program.vi Over 110,000 veterans participated in FY
2009vii; double the number of veterans who participated in
FY 2003.
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\vi\ Department of Veterans Affairs, Office of Policy and Planning,
``Women Veterans: Past, Present and Future,'' September 2007, p. 19-20:
http://www1.va.gov/womenvet/docs/WomenVet_History.pdf.
\vii\ Department of Veterans Affairs, Annual Benefits Report FY
2009, (Page 67), http://www.vba.va.gov/REPORTS/abr/2009_abr.pdf
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Unfortunately, only a small percentage of veterans who enroll in
Voc-Rehab successfully complete the program.viii And
according to a 2004 VA Voc-Rehab Task Force, the type and timeliness of
its employment services are ``out of sync'' with the 21st century labor
market and attitudes towards persons with disabilities.ix
For example, to use Voc-Rehab to pay for college, veterans must
convince Voc-Rehab counselors that they are actually smart enough to
succeed at the college of their choice. We have heard countless
anecdotal stories where this process has pitted a disabled veteran
against their counselor when the veteran wants to challenge themselves
at a tougher school.
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\viii\ ``Despite the tens of thousands of VR&E program participants
in a given year, the number of veterans rehabilitated by obtaining a
job or achieving independent living goals averages only about 10,000 a
year.''VA Vocational Rehabilitation and Employment Task Force, ``Report
to the Secretary of Veterans Affairs: The Vocational Rehabilitation and
Employment Program for the 21st Century Veteran,'' 2004, p. 4: http://
www1.va.gov/op3/docs/VRE_Report.pdf.
\ix\ Ibid., at 5.
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We believe that by breaking down the bureaucratic wall between the
new GI Bill and vocational rehabilitation and by allowing service-
disabled veterans the option to use their GI Bill benefits and
vocational rehabilitation services concurrently, disabled veterans will
have access to quality rehabilitative services without the hassle of
proving their mental acuity.
Transition Assistance Program/Disabled Transition Assistance Programs
(TAP & DTAP)
Servicemembers approaching separation can take advantage of the
Transition Assistance Program (TAP), which provides employment and
training information as well as a variety of counseling programs. The
Departments of Defense, Veterans Affairs, Transportation, and Labor
partner to conduct the 3-day workshops where servicemembers learn
interview skills, tips for job searches, and how to prepare civilian
resumes and cover letters. The program has shown some effectiveness;
servicemembers who participate in TAP find their first post-military
job 3 weeks faster, according to DOL.x
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\x\ Gerry Gilmore, ``Pentagon Improves Services for Transitioning
Servicemembers, Families,'' American Forces Press Service, May 19,
2008: http://www.defenselink.mil/news/newsarticle.
aspx?id=49927.
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Regrettably, utilization of TAP is low. The Marine Corps is the
only branch of service that requires its members to sign up for TAP
briefings but attendance is still not mandatory. The DoD has
established a goal of 85 percent participation across the
services,xi yet only 60-65 percent of all separating active-
duty servicemembers attend the TAP employment seminars.xii
In the National Guard and Reserves, the usage rates are even lower:
only 30 percent of all separating Reservists or National Guardsmen
attend some portion of TAP.xiii In addition, all aspects of
TAP are not always available and the time constraints of troops'
demobilization process can also make attending a TAP session difficult,
if it is available at all.xiv To encourage greater
participation, the DoD launched TurboTap.org in 2007. The Defense
Department Web site allows active-duty and reserve servicemembers
access to transition resources on their own time, including information
on military and VA benefits and employment assistance.
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\xi\ Joseph C. Sharpe, Jr., Deputy Director of the American Legion
National Economic Commission, Testimony before the United States House
of Representatives Committee on Veterans' Affairs, ``U.S. Department of
Veterans Affairs/U.S. Department of Defense Cooperation in
Reintegration of National Guard and Reserve,'' June 24, 2008: http://
veterans.house.gov/hearings/
Testimony.aspx?TID=32446&Newsid=260&Name=%20Joseph%20C.%20Sharpe,%20Jr.
\xii\ Ibid.
\xiii\ Women Veterans in Transition Pilot Research Study by
Business and Professional Women's Foundation, ``Building Strong
Programs and Policies to Support Women Veterans,'' p. 2: http://
www.bpwusa.org/i4a/pages/index.cfm?pageid=5383.
\xiv\ Department of Labor, ``Employment Situation of Veterans:
2007,'' April 10, 2008, p. 3: http://www.bls.gov/news.release/pdf/
vet.pdf.
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``Once I learned how to translate my skills into civilian-speak, I
found I was in high demand and very competitive for several good
positions.''--IAVA Vet
While IAVA is happy to see that the President's budget request for
FY 2011 is asking for a 14 percent increase in funding for TAP
trainings, we believe that we must modernize TAP and universally
require the civilian employment training to ensure every separating
veteran has the skills they need to secure meaningful employment. There
is no commonly accepted translation of military certifications,
training and experience to their civilian counterparts. For example,
Navy Corpsmen and Army medics are performing difficult medical
procedures under unimaginable conditions but they do not qualify for
employment in a similar medical field once they transition to the
civilian world. To improve the TAP courses a study should be
commissioned that will report recommendations to Congress on the
differences between DoD and civilian vocational certifications and
licenses to ease the transition of certifications into the civilian
world.
B. Job Placement
Tax Credits
The American Recovery and Reinvestment Act, commonly known as the
``Stimulus bill,'' authorized a 2 year tax credit for employers who
hire unemployed Iraq and Afghanistan-era veterans. This tax credit of
up to $2,400 per unemployed veteran was created to incentivize
employers to hire veterans who were taking the brunt of the
unemployment blight.
``Many employers say they `value Veterans', but sometimes it's just
about the bottom
line. Providing monetary or tax incentives may make employers think
more about
employing Veterans''--IAVA Vet
IAVA and many other veterans organizations lauded this tax credit
when it passed. We believe that this tax credit should be extended
indefinitely. Given the current state of the economy and the fact the
other groups, such as ex-felons, are permanently eligible for the same
tax credit it is the right thing to do.
``My employer knew nothing about tax benefit for hiring disabled vet
until after I was hired.''--IAVA Vet
The unemployed veteran tax credit is accompanied by a permanent tax
credit for the hiring of disabled veterans, worth up to $4,800 per
disabled veteran. However, the VA and the Department of Labor VETS
program have done a poor job advertising either of these tax credits to
potential employers and job seeking veterans. A tax credit designed to
spur the hiring of veterans that no one knows about is ineffective and
can lead to frustration and misunderstanding between veterans and the
business community. IAVA believes that there needs to be a coordinated
outreach effort by the VA and Department of Labor to educate employers
and veterans about this helpful benefit.
Department of Labor Veterans' Employment and Training Services
Low-income, homeless, or disabled veterans can turn to the
Department of Labor's Veterans' Employment and Training Service (VETS).
The VETS program provides grants to State and local agencies to provide
services, such as training, licensing and certification, one-on-one
employment counseling, and support services. These programs helped over
850,000 veterans last year.xv Other grants fund
representatives to work with employers and human resources personnel to
increase employment opportunities for veterans.
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\xv\ U.S. Department of Labor, ``Budget in Brief FY 2011'', page
76, http://www.dol.gov/dol/
budget/2011/PDF/bib.pdf.
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``New York State has a good department of labor in helping vet's find
jobs''
--IAVA Vet
IAVA is concerned that while the President's request for the VETS
budget contains a modest increase in funding (2.4%), none of this
increase will be spent on improving or expanding veterans job placement
programs. We are also concerned that some VETS programs may not be
correctly measuring or reporting their effectiveness as reported by the
Government Accountability Office.xvi In some States, VETS
programs are either understaffed or splitting their time between
serving veterans and nonveterans. IAVA concurs with this Committee's
minority views and believes the DOL VETS program should have their
funding increased by an additional $7.3 million.xvii This
funding would used to train veteran employment specialists and improve
Federal oversight of these programs.
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\xvi\ GAO-07-594, ``Veterans' Employment and Training Service:
Labor Could Improve Information on Reemployment Services, Outcomes, and
Program Impact,'' May 2007: http://www.gao.gov/new.items/d07594.pdf.
\xvii\ House of Veterans Affairs Committee Minority, Views and
Estimates for FY 2011, page 9, http://republicans.veterans.house.gov/
documents/FY2011RepublicanVandE.pdf.
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Federal Hiring: Veterans Preference
The Federal Government hires three times the percentage of veterans
as the private sectorxviii and therefore plays a critical
role in combating veterans' unemployment. Last November President Obama
issued an executive order outlining the Veterans Employment
Initiative.xix This order required enhanced recruitment and
promotion of employment opportunities for veteran within the Federal
Government and established a Council on Veterans Employment. The
Federal Government has already stood up a Web site,
www.fedshirevets.gov and released a strategic plan to implement this
goal of increasing the number of veterans working in the Federal
Government.
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\xviii\ Office of Personal Management, ``The Governmentwide
Veterans' Recruitment and Employment Strategic Plan for FY 2010-FY
2012,'' page 2, http://www.fedshirevets.gov/pdf/Vets_
Initiative_Strategic_Plan.pdf.
\xix\ Executive Order, President Obama, November 9th, 2009, http://
www.whitehouse.gov/the-press-office/executive-order-veterans-
employment-initiative.
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``I searched usajobs.gov, submitted applications but never heard from
them. I guess there is a magic way to write your job description.''--
IAVA Vet
IAVA is highly encouraged to see the speed and thoroughness of this
Council in addressing these employment issues. We believe that their
Web site is well organized and extremely helpful to job seeking
veterans. However, it still lacks a clear explanation of what the 5 or
10 point veteran preference actually means in terms of the Federal
hiring process and the job bank is just a link to usajobs.gov. The
Council's strategic plan lays out a clear and ambitious set of goals
and we believe that it will take both the Executive and Legislative
branch working together to ensure that these goals are implemented all
the way down to the GS-11 Human Resources Specialist responsible for
hiring the veterans in each agency.
Federal Contracting
``I ended up getting a job with a company that is contracted out by the
government
and is unionized. So everyone is understandable and supports my actions
with the
military.''--IAVA Vet
The Federal Government is the world's largest buyer of goods and
services, with purchases totaling over $425 billion each
year.xx With this level of spending the Federal Government
can leverage its purchasing power to require potential contractors to
increase veterans hiring. Current Federal law mandates Federal
contracts over $100,000 ``take affirmative action to employ''
veterans.xxi These contractors are required to publish job
openings with the State job banks and to annually report the number of
veterans they have retained by submitting a VETS-100 form to the
Department of Labor. These contractors are also prohibited from
discriminating against veterans.
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\xx\ http://www.sba.gov/contractingopportunities/index.html.
\xxi\ 38 U.S.C. 4212.
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Unfortunately, the data collected from VETS-100 forms is aggregated
and only partially published in the DOL VETS annual report. IAVA
believes that these forms should be publically reported, allowing
interested parties to review whether contractors are actually following
through on these contracting mandates. The hope is that the public
disclosure of these forms will create a healthy competition between
contractors on which contractor hired more veterans. IAVA would love to
see Boeing and Lockheed Martin making these statistics part of their
bids for the next big defense contract.
Failure to comply with established contracting requirements can
lead to the suspension or disbarment of that contractor from receiving
future contracts. IAVA believes violations of USERRA protections should
also be included as grounds for suspension or disbarment.
Finally, IAVA was troubled to learn the Troubled Asset Relief
Program (TARP), authorizing up to $770 billion to bailout banks,
exempted banks receiving Federal bailouts from veterans hiring
requirements, while protections for minorities, women and disabled
individuals were still included. IAVA believes that TARP should be
amended to force compliance with veterans' preference rules and that
all future stimulus programs should not overlook veterans hiring
preferences.
Small Business Help
Many veterans have chosen self-employment over unemployment by
starting their own small business ventures. Veterans represent 14.5
percent of small business owners nationally.xxii For
reservist and veteran business owners looking for technical or
financial assistance, support is available through the Small Business
Administration (SBA) and the Department of Veterans Affairs.
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\xxii\ Characteristics of Veteran Business Owners and Veteran-owned
Businesses Chapter 5 of The Small Business Economy for Data Year 2006,
A Report to the President, http://www.sba.gov/advo/research/
sbe_07_ch5.pdf.
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Last year, the SBA assisted more than 180,000 veterans, reservists,
active servicemembers and spouses through its entrepreneurial
counseling and training services.xxiii The agency offers
low-interest capital through the new Patriot Express Pilot Loan
program. The SBA Office of Veterans Business Development also operates
five veteran-specific business outreach centers and provides Federal
contracting assistance to veterans, although it has relatively limited
resources to do so.
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\xxiii\ Small Business Administration, FY 2009 Performance Report,
page 66, http://www.sba.gov/idc/groups/public/documents/sba_homepage/
fy_2011_cbj_09_apr.pdf.
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In addition, the SBA has teamed up with the VA and the
International Franchise Association to create the Veterans Transition
Franchise Initiative, which offers 30 percent off franchising fees for
veterans.
Veterans can also turn to the VA's Center for Veterans Enterprise
(CVE) for assistance with starting or expanding their businesses.
However, since this Committee recently held a hearing on this
particular issue we would like to associate our comments with the
testimony of Joe Sharpe, from the American Legion when he concluded,
``The implementation of CVE is small and does not necessarily provide
the right assistance to veterans. The Vetbiz.gov Web site is not easily
navigated and needs to become a more user-friendly Web site.''
``During my deployment I had to totally shutter the doors on my
construction business. It put my family in a very difficult
position''--IAVA Vet
IAVA believes that the VA must work to mitigate the effect of
frequent and lengthy deployments by providing small businesses owners
in the National Guard and Reserves with additional access to capital,
insurance, and bonding via the VA's Center for Veterans Enterprise. The
Center for Veterans Enterprise should receive appropriate funding and
resources to achieve this goal.
Other
We would be remiss to omit several other veterans' jobs programs
that exist such as www.vetsuccess.gov, www.warriorgateway.org and
Helmets to Hardhats. The VA has extensively briefed IAVA on their new
job search Web site for veterans and more specifically disabled
veterans. We applaud the VA for reaching out to potential employers and
recruiting them to participate. However, we believe that vetsuccess.gov
should be integrated with www.fedshirevets.gov and expanded for all
veterans creating a single jobs for veterans portal. Warrior Gateway
was created by the Business Executives for National Security at the
request of the Chairman of the Joint Chiefs of Staff Admiral Mike
Mullen to assist OIF and OEF veterans navigate the government agencies
and non-profits serving veterans. Helmets to Hardhats is a Department
of Defense funded initiative to place separating servicemembers in
skilled labor positions and we have heard very good feedback from our
members about this program.
C. Job Protections
USERRA
Although National Guardsmen and Reservists are legally protected
under the Uniformed Services Employment and Reemployment Rights Act
(USERRA), many troops still experience employment discrimination
because of their military service.
``I can offer no quotes, smoking guns, or neon signs stating that
`reservists' need not
apply, but I have heard the tone of an interviewer become cold the
instant the `reserves' comes up in the conversation.''--IAVA Vet
Among National Guardsmen and Reservists who have served since
September 11, 2001, ``Nearly 11,000 were denied prompt reemployment;''
xxiv ``More than 22,000 lost seniority and thus pay and
other benefits;'' xxv ``Nearly 20,000 saw their pensions
cut;'' xxvi and ``Nearly 11,000 didn't get their health
insurance back.'' xxvii
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\xxiv\ United States Senate Health, Education, Labor and Pensions
Committee, ``Kennedy Holds Hearing on Veterans' Employment Issues,''
November 8, 2007: http://help.senate.gov/Maj_press/2007_11_08_b.pdf.
\xxv\ Ibid.
\xxvi\ Ibid.
\xxvii\ Ibid.
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The Employer Support of the Guard and Reserve (ESGR) is the single
best resource for educating employers and veterans on USERRA rights and
for resolving USERRA issues quickly and informally. However, the
President's budget request for FY 2011 plans to slash the ESGR budget
by nearly 17 percent, this will effectively cripple this great asset.
These cuts could not have come at a worse time with the rising number
of USERRA violations and the fact that of the tens of thousands of
reserve component troops who have suffered this discrimination,
approximately three-quarters of them do not seek assistance.\32\
A common reason veterans are not seeking help is the lack of
familiarity with USERRA protections and obligations. Twenty-eight
percent of reservists report not receiving information on USERRA/
reemployment rights during activation or deactivation.\33\ More than a
third of employers surveyed by Military.com were unaware that USERRA
regulations required them to give a returning veteran the same or an
equivalent job.\34\ IAVA believes that the ESGR must be fully funded,
not cut by 17 percent in FY 2011. We also believe that DoD should
implement an extensive notification program for servicemembers'
employers specifically informing them of their USERRA obligations.
``Even though I was hired back right away I lost 3 years of raises and
my company doesn't trust me because they are scared I will be deployed
again''--IAVA Vet
We believe that USERRA must be modernized and strengthened to
handle the historic levels of deployments of the National Guard and
Reserves. We believe this can be done by:
Creating civil and criminal penalties for employers who
knowingly violate USERRA protections.;
Granting servicemembers their day in court, as intended
by the original USERRA statute by making USERRA complaints exempt from
predispute binding arbitration agreements;
Preventing employers from firing an employee while a
USERRA claim is being processed, by requiring courts hearing USERRA
complaints to utilize their full range of legal powers, including
injunctions when appropriate; and
Protect Reservists and Guardsmen from termination, loss
of seniority and loss of sick and vacation time from their civilian
jobs while they receive DoD medical treatment for injuries the
servicemember sustained in the uniformed services.
USERRA compliance is also not uniform across the board. Some
Federal and State employees do not enjoy the same level of protection
under USERRA as employees in the private sector. Astonishingly,
National Guardsmen and Reservists serving in domestic disaster response
situations are not eligible for USERRA protections at all. IAVA
recommends extending USERRA protections to National Guardsmen,
Reservists, and to servicemembers working in domestic response
operations such as hurricane or wildfire missions and holding Federal
and State governments to the same standards of USERRA compliance as
private sector employers.
Department of Labor VETS
Mobilizations have put a strain on businesses, and especially small
businesses, that employ reservists.\52\ Employers often struggle to
maintain their workforce and keep their businesses afloat while their
reservist employees are called up for multiple tours, often with little
notice and without a clearly-defined length of absence. For some
businesses, the cost to train their replacements can be steep.
According to Dave Miller, vice president of a national trucking firm
with approximately 50 employees deployed, the company is spending up to
$100,000 to train each replacement.\53\
IAVA recommends offering tax credits for employers who, when their
reserve component employees are called to active-duty for over 90 days,
continue to support their employees by paying the difference between
the servicemembers' civilian salary and their military wages.
Furthermore, tax credits should be provided to businesses that provide
additional training for returning Reservists and National Guard members
to bring them up to same level of training as their non-veteran peers.
Prepared Statement of Richard Daley, Associate Legislation Director,
Paralyzed Veterans of America
Chairwoman Herseth Sandlin, Ranking Member Boozman, and Members of
the Subcommittee, PVA would like to thank you for the opportunity to
testify today concerning the status of veterans' employment. The Global
War on Terror has produced a large number of men and women that have
served the country and have returned to civilian life. Paralyzed
Veterans of America would like to thank Congress and this Subcommittee
for helping to make this transition successful.
At a time when our Nation faces record unemployment, the veterans'
community has been hit especially hard, with unemployment rates among
today's veterans eclipsing the national average by more than 2 percent.
Our veterans have made tremendous sacrifices for our Nation, which is
why our leaders must make a concerted effort to ensure that veterans
have access to education, employment, and training opportunities to
ensure success in an unfavorable civilian job market.
EMPLOYMENT DISINCENTIVES
Employment policy is vital to veterans and veterans with
disabilities in today's environment where work is critical to
independence and self-sufficiency. Many veterans who serve this country
honorably and are discharged in good health later acquire significant
disabilities. A veteran that has sustained a catastrophic non-service
connected injury is identified in the VA medical care system as a
Priority Group 4 veteran for purposes of receiving health care from the
VA. If that veteran has the appropriate work credits under Social
Security, they will likely qualify for Social Security Disability
Insurance (SSDI). New SSDI beneficiaries will also qualify for Medicare
after the initial 24 month waiting period. If these veterans' income is
low enough, they will qualify for VA pension. Each of these programs,
however, contain within them considerable work disincentives.
For the non-service connected veteran on SSDI, he or she can
attempt a return to work and will continue to receive SSA disability
benefits for a 9 month trial work period. Beyond that trial work period
is a 36 month extended period of eligibility in which they will
continue to get a Social Security disability check only in those months
when the veteran's income falls below SSA's ``substantial gainful
activity'' (SGA) level. Should the veteran continue to earn above SGA,
they will lose the SSDI cash benefits, but will retain access to
Medicare for 93 months. However, if the veteran's work effort proves
unsuccessful and they are separated from employment within 60 months of
SSDI benefit termination, they can use SSA's expedited reentry process.
This allows SSDI beneficiaries the ability to go back on the rolls
without reapplying for benefits. If, however, the veteran on SSDI has
been off benefits longer than 60 months, he or she would be required to
go through the SSDI application process all over again.
Not surprisingly, these Social Security work incentives are
complicated and cause considerable anxiety on the part of SSDI
recipients who would like to go to work. PVA has long supported
proposals for improving work incentives within the SSDI program that
would address some of the dilemmas faced by beneficiaries who wish to
enhance their economic self-sufficiency. Two such reforms are removal
of the SSDI ``cash cliff'' and continued attachment to the disability
benefits system.
As noted above, once someone on SSDI reaches SGA, their disability
benefits are completely cut off causing an abrupt decline in income.
This discourages many individuals on SSDI from trying to work.
Establishing a $1 for $2 earnings offset in Title II to parallel the
provisions in the Title XVI Supplemental Security Income (SSI) program
would eliminate the ``cash cliff.'' SSDI beneficiaries who are able to
work and help ensure that individuals are financially better off by
earning than by not earning.
Many SSDI beneficiaries, including veterans fear working to their
full potential because it might cause a permanent loss of cash and/or
medical benefits. This is a particular concern for beneficiaries who
have relapsing/remitting conditions such as mental illness or many
chronic illnesses, need accommodations that may be available in one
employment setting, but difficult to obtain in the future. PVA believes
that these Social Security disability beneficiaries should have a
``continued attachment'' to the programs as long as their impairments
last, even if they do not receive cash benefits because of their work
earnings.
The Veterans Pension Program is often likened to Supplemental
Security Income under Social Security. However, unlike SSI, VA
pensioners face a ``cash cliff,'' in which benefits are terminated once
an individual crosses an established earnings limit. Because of a
modest work record, many of these veterans or their surviving spouses
may receive a small Social Security Disability Insurance benefit that
supplements their VA pension. If these individuals attempt to return to
the workforce, however, not only will their SSDI benefit be terminated,
but their VA pension benefits will be reduced, dollar for dollar, by
their earnings.
More than 20 years ago under Public Law 98-543, Congress authorized
VA to undertake a 4-year pilot program of vocational training for
veterans awarded a VA pension. Modeled on the Social Security
Administration's trial work period, veterans in the pilot were allowed
to retain eligibility for pension up to 12 months after obtaining
employment. In addition, they remained eligible for VA health care up
to 3 years after their pension terminated because of employment.
Running from 1985 to 1989, this pilot program achieved some modest
success. However, it was discontinued because prior to VA eligibility
reform, most catastrophically disabled veterans were reluctant to risk
their access to VA health care by working.
The VA Office of Policy, Planning and Preparedness examined the VA
pension program in 2002 and 7 percent of unemployed veterans on pension
and 9 percent of veteran spouses on pension cited the dollar-for-dollar
reduction in VA pension benefits as a disincentive to work. Now that
veterans with catastrophic non-service connected disabilities retain
access to VA health care, work incentives for the VA pension program
should be reexamined and policies toward earnings should be changed to
parallel those in the SSI program. Work disincentives in the Veterans
Pension Program should be reexamined and consideration given to changes
that would parallel Social Security work incentives such as a trial
work period and reduction in benefits as earned income rises.
CENTER FOR VETERANS ENTERPRISE
In a recent hearing this Subcommittee addressed the role of the
Center for Veterans Enterprise (CVE) with assisting veteran owned small
businesses. This program was created to serve the veteran owned small
business and the service-disabled veteran owned small business as they
attempt to contract business with the Federal Government. The
Subcommittee was informed of problems that veterans have encountered
when seeking assistance from this program.
Perhaps a vacancy in the leadership position of the Department of
Veterans' Affairs, Office of Small and Disadvantaged Business
Utilization (OSDBU), which is responsible for this program, can account
for the lack of communication with participating veterans and the lack
of assistance to veterans from the CVE. At that hearing the
Subcommittee was informed that the complaints directed toward that
program are being addressed. The new Executive Director of the OSDBU is
aware of the problems with the program and is committed to make
improvements to enhance their assistance to veteran owned small
businesses.
At that hearing several VSOs testified that they believe CVE needs
dedicated funding within the VA budget to better address their
increasing responsibilities. With its new dedicated leadership and with
adequate, dedicated funding in the future, CVE will be able to direct
their efforts toward helping small veteran owned businesses. This can
only have a positive effect on the issue of employment for veterans,
since we know that veterans often hire other veterans when possible.
DISABLED VETERANS OUTREACH PROGRAM AND LOCAL VETERANS EMPLOYMENT
REPRESENTATIVES
Another issue of concern for PVA and some VSOs is the lack of
results the Federal Government receives for the employment efforts for
veterans from the Disabled Veterans Outreach Programs (DVOP) and the
Local Veterans Employment Representative (LVER) programs. These
programs are the responsibility of the Department of Labor, Veterans
Employment and Training Service (VETS) program that created these
positions to fulfill their role as required by law. DOL's primary
responsibility is to fund and monitor these programs.
These positions are funded by grants to the States from the budget
of the VETS program. There is insufficient accountability for the
approximate $168 million that is distributed to States for the DVOP and
LVER positions. These positions report to the local State employment
office manager who determines their work actives. The issue of
unemployed veterans may not be a high priority for a State office.
Often the DVOP and LVER positions are lower paying positions within the
State employment system and often considered a position to begin
employment within the State system. Currently some States facing budget
problems have a hiring freeze for new employees. The DVOP and LVER
positions will continue to be filled since these positions are
federally funded. Whenever a higher paying position becomes available
within the State or civilian work environment, the DVOP or LVER leaves
for more money and this contributes to the high turnover rate. These
professional positions should not be a temporary job where the
employment specialists start their careers
DVOP and LVERS require an understanding of the workplace
environment and how a veteran or veteran with a disability can
contribute to the workplace. This role as an advocate for veterans and
disabled veterans is critical for those who are returning to employment
after several years away or looking for their first non-military job.
DVOP and LVERs primary mission should be getting the man or woman who
has served their country back into the workforce. Achieving this
mission is made more difficult, if not impossible, if the veterans
employment representatives must function with limited goals, lack of
travel funds, or restricting policies of the local State employment
office.
DOL tracks a states performance by the number of registered persons
entering the workplace. They also track the number of veterans among
those registered with this information collected by the DVOP and LVER
program. DOL does not track the number of veterans that gained
employment solely as a result of assistance veterans received from a
State's employment programs. In many employment situations these
programs have limited input into the veteran's employment and often
they have no input at all. When the veteran becomes employed, even in
situations of underemployment, this is registered as a positive result
of the States efforts.
If these positions were made Federal positions under the Veterans
Employment and Training Service the salaries could be increased and the
training improved and expanded. As it stands, Congress may be hesitant
to increase the funding of programs such as the DVOPs and LVERS that
have very limited evidence of their effectiveness.
Perhaps DOL could conduct a pilot program in several States to
follow up with the veteran after they leave the unemployment roles.
Although this may be a labor intensive exercise, it may help determine
if the States' efforts are producing the results that are intended for
veterans. Such a pilot could answer several important questions. Has a
veteran found employment or has their unemployment benefit expired, in
which case they are no longer counted? Is the veteran
``underemployed,'' making minimum wage to survive? Did their State
employment office, including the efforts of the DVOP or LVER, have any
input in securing that job for the veteran?
The Government Accountability Office (GAO) has never examined the
states performance of these programs of helping veterans find
employment. Congress should ask the GAO to report on the effectiveness
of this Federal funding.
PVA'S EMPLOYMENT PROGRAM
Paralyzed Veterans of America has successfully placed veterans in
employment using our new Vocational Rehabilitation Employment Program.
Beginning less than 3 years ago in Richmond, Virginia, it has expanded
to Minneapolis-St Paul, Long Beach, California and San Antonio, Texas.
This year the program will continue to grow as PVA opens an office in
Boston, Massachusetts and Augusta, Georgia. Each location functions in
the VA hospital and is privately funded by a partner from the business
community.
Placing paraplegic or quadriplegic individuals into employment is a
difficult task. The placement rate for these individuals is low. It is
much easier for voc rehab counselors and employment placement personnel
to find employment for less disabled individuals. In most State,
Federal, and nonprofit environments these dedicated individuals are
evaluated not by the difficulty of an employment placement, but by the
number of persons placed. It this system it is easy for the severely
disabled individuals to be overlooked.
Using experienced placement counselors that understand the
challenge and have knowledge of the workplace, PVA's program is finding
careers for these individuals. Recently PVA's placement counselor in
Richmond, Virginia told me that through his networking in the business
world, he has located positions for disabled veteran throughout the
Nation. He also explained that most corporations want to hire veterans,
but cannot dedicate the time to specifically look for veterans. PVA's
experienced employment counselors must be active in the community, must
be knowledgeable of State, Federal, and local government employment
opportunities and on occasion travel to corporate headquarters in other
States throughout that region to explain the value of hiring a disabled
veteran.
SERVICEMEMBERS OCCUPATIONAL CONVERSION AND TRAINING
To address the needs of today's veterans, Congress might consider
reimplementing a program similar to the Servicemembers Occupational
Conversion and Training, (SMOCTA) program. Although this program was
funded by the Department of Defense, it was administered by the VA and
the DOL. This was considered one of the better programs to serve
transitioning military personnel. SMOCTA was established during the
downsizing of the military for veterans discharged after August 1,
1990, to help those veterans that had limited transferable job skills.
A similar program would help many of the younger men and women
transitioning from the military today, and those Reserve and Guard
members reentering the workforce following deployment.
This program provided assistance in the form of reimbursements to
employers who provided job training for veterans that required new
skills necessary for permanent employment with that employer. The
program also included funds for assessments, development of training
plans, and supportive services for the trainee. The DVOP and LVER staff
was responsible for development of the employment and training plans.
Veterans eligible for assistance were those with military occupations
that were not transferable; those that were unemployed for a long
period of time; and those with a 30 percent or greater service-
connected disability.
Critics of this program have expressed concern that employers will
participate in this program primarily to receive this funding to
supplement their payroll. In these situations when the funding ends,
the veteran's employment would be terminated. This would be another
example of the potential value of the DVOPs and LVERs who would monitor
these employment training positions. These employment professionals
should be familiar with employer's needs and the nature of the
training. Their involvement in this program would be the determining
factor in the value of and the sincerity of the employers training
program.
Madam Chair, Ranking Member Boozman, Paralyzed Veterans of America
would like to thank you for this hearing to discuss the issue of
veterans employment. We thank you for the opportunity to share our
concerns on this issue and will continue to work with you to address
this problem. That concludes my testimony and I would be happy to
answer any questions you may have.
Prepared Statement of Justin Brown, Legislative Associate, National
Legislative Service, Veterans of Foreign Wars of the United States
MADAM CHAIRWOMAN AND MEMBERS OF THIS COMMITTEE:
On behalf of the 2.1 million members of the Veterans of Foreign
Wars of the United States and our Auxiliaries, the VFW would like to
thank this Committee for the opportunity to present its views on this
very important topic.
The VFW believes one unemployed veteran is one too many. In these
tough economic times, the number of unemployed veterans has skyrocketed
to more than one million, with nearly one in three of our youngest
veterans being unemployed. The remarkable young men and women who put
their lives on the line for our Nation deserve better. Congress needs
to invest in the future of those who have invested in America by
providing them with the training, skills, and the opportunities for a
chance at the American dream. For this reason, the VFW calls on
Congress to create a veterans' jobs bill immediately.
Further, we recognize that Congress alone cannot solve this
epidemic of unemployment among our Nation's veterans. We urge Congress
to encourage America to do her part for these veterans and help put
them back to work. As with other important issues, Congress has
convened round tables to explore solutions. We need corporate America,
union groups, governmental agencies, lawmakers, and both veterans'
groups and unemployed veterans to come together for a roundtable to
explore solutions to get America's veterans in the front of the
employment line!
The VFW calls on American businesses to hire Veterans First! The
values of American veterans are the same values that drive businesses
toward success. Former servicemembers know how to work as a member of a
team to creatively solve problems. They are trained to lead and know
how to perform in unforgiving situations. They realize the
repercussions of their conduct and understand that decisions have an
impact on their organization. Veterans are punctual, dress
professionally at all times, lead healthy lifestyles, and are extremely
trustworthy and motivated self-starters. Many veterans are very
technologically savvy, and are proficient in the use of computers. The
battlefield of today requires a `grunt' to do much more than just point
and shoot. They are civic minded, willing to go the extra mile, and are
committed loyal employees. We ask Congress to help us market the value
of American veterans to corporate America.
Our servicemembers are coming home from Iraq and Afghanistan in
many instances injured, and fighting to find a job, market their
skills, and convince employers of the value of their military service.
These men and women are the most upstanding, hardworking and patriotic
people our country has to offer. Many of these veterans have never even
had a job aside from their military service, and therefore, they do not
know how to market themselves for open positions. The Department of
Defense (DoD) utilizes ``military values'' and the ``prospects of
careers'' to recruit. The Department of Labor (DOL) can and should do
more to sell the value of veterans to corporate America.
According to the Pentagon, 75 percent of today's high school
graduates are unsuitable for military recruitment due to aptitude,
health or physical conditioning. That leaves a 25-percent pool who are
also heavily recruited by industry, colleges and universities. Those
who volunteer to serve our Nation in uniform are already the cream of
the crop. Their time in uniform makes them better--more mature, more
decisive, and more team and goal-oriented. Their selfless service to
country earns them a place at the front of the line.
We are all too familiar with the marketing campaign launched by
each branch of the military to attract talented young Americans to
serve their country. The same commercials that attract young people to
slay dragons, become one-person armies, and be a force for good should
also be used to create ideal candidates for American industry and
business.
We ask Congress to authorize and fund a marketing campaign within
DOL, selling the value and virtues of hiring America's veterans. This
should, at minimum, include public service announcements, television,
print and internet based mediums combined with outreach to local
chambers of commerce, unions, and job fairs organized by members of
Congress. The young soldier, Marine, and others who serve our country
pay the price for our government's failure to push Veterans First. Some
have been through a living hell and now just want an opportunity at the
American dream.
Currently, when a servicemember returns home they tend to rely
heavily on internet job boards. A young veteran can quickly get
discouraged with the plethora of impersonal online resources available.
This is not to say that a great deal of these programs lack merit. Many
of them do great work to include, Vetjobs; however, not all
``veterans'' job boards place the best interests of veterans in mind. A
veteran would benefit greatly with some direction, assistance, and a
person that cares to help them locate meaningful employment.
One thing that is important to remember is that many of these
veterans lack the professional and personal networks that benefit many
civilians in searching for employment. A servicemember, after
separation, may be returning to a home they left years ago. This lack
of networks is what quickly turns a veteran's job search into an
impersonal, often inefficient, and endlessly frustrating experience.
Local DVOPs and LVERs may or may not be affective in assisting
these veterans seeking employment; their effectiveness varies from
location to location. However, there are a number of private sector
programs that are doing a great job of leveraging professional and
personal networks to secure jobs for veterans, for example: Wall Street
Warfighters, Vets to Vets, American Corporate Partners,
Entrepreneurship Bootcamp for Veterans with Disabilities, and the
Wounded Warrior Program. Moreover, there are a number of corporations
building a workforce of veterans by designing veteran specific
initiatives such as: General Electric, Home Depot, CACI, and Union
Pacific. To date, there is no central entity or registry to aid and
direct veterans to all of these in an easily accessible way.
Veterans Need Jobs Now!
The VFW believes there are a number of turnkey items Congress can
include in a comprehensive Veterans Jobs Package. Specifically, the VFW
urges Congress to expand and increase the Work Opportunity Tax Credit
(WOTC). The economic stimulus expanded the WOTC to include a tax-break
for employers who hire recently separated servicemembers. However, this
tax credit affects only those servicemembers who have separated within
5 years of the hiring date. This excludes at least 765,000 unemployed
veterans from non-OEF/OIF eras and some OEF/OIF veterans as well. The
current credit provides $2,400 for non-disabled veterans and $4,800 for
non-disabled veterans. The VFW urges Congress to double the credit to
further incentivize the hiring of veterans.
Furthermore, the WOTC requires a veteran to be unemployed for at
least 4 weeks; this makes little sense. This provision should be
changed to provide any unemployed veteran this opportunity immediately
after becoming unemployed. If a veteran is unemployed for 1 day a tax
credit is a great incentive for an employer to hire such a veteran and
will thereby ease the burden on the veteran and his family, while
saving the government up to 4 weeks in unemployment insurance payments.
Also, the WOTC is ineffective if employers are unaware of its
existence. A better job of publicizing this tax credit would go a long
way to raising the awareness of `veterans first.' Hiring our newest
heroes first, must be our call to American businesses.
The Disabled Veterans' Outreach Program Specialists (DVOPs) and
Local Veterans' Employment Representatives (LVERs) Programs need to be
fully Reviewed.
The VFW calls on Congress to mandate that DOL-VETS do a thorough
review of the DVOP/LVER program and report its findings to Congress.
The issues with the federally funded and State operated DVOP/LVER
programs have continued. Inconsistency from State to State, concerns of
how these individuals are being used at the local level, concerns of
training or the lack thereof, a lack of clear performance measures and
accountability, have all been ongoing issues. Also, developing
solutions to improve employment for our veterans requires evaluation of
the umbrella one-stop centers under which DVOPs/LVERs operate.
DOL-VETS, the Bureau of Labor Statistics (BLS), and DoD should conduct
a joint annual representative survey of veterans and
servicemembers in the Guard and Reserve
The VFW calls on Congress to mandate that DOL-VETS, in conjunction
with BLS and DoD, identify causative factors for unemployment by
conducting more detailed surveys of unemployed veterans. We know there
are roughly 252,000 unemployed OEF/OIF veterans who are more likely to
be unemployed than their civilian counterparts. However, we can only
speculate to causative factors as we lack quality data that identifies
the core issues unemployed veterans are dealing with today.
Essentially, we think we know what the problems are, but we lack a
foundation to substantiate our suspicions and to inform our actions.
Recently, BLS released an annual supplement that concentrated on
veterans. While this supplement provided additional important
information, it failed to provide substantive information on the
primary factors inhibiting veterans from gaining meaningful employment.
Focusing on the causative issues leading to unemployment will help us
better address our veterans' employment needs.
The VETS-100 should be transparent and provide value to those who
assist veterans in locating employment
The VETS-100, is an annual filing requirement for Federal
contractors that receive more than $100,000 in Federal contracts per a
year. The filing requirement was a result of the Jobs for Veterans Act
and was meant to help veterans get additional consideration from
private companies that receive contracts from the Federal Government.
The VETS-100 was intended to fulfill some of the requirements of the
Jobs for Veterans Act.
The Jobs for Veterans Act stipulates: *2035 ``(a)(1) Any contract
in the amount of $100,000 or more entered into by any department or
agency of the United States for the procurement of personal property
and nonpersonal services (including construction) for the United
States, shall contain a provision requiring that the party contracting
with the United States take affirmative action to employ and advance in
employment qualified covered veterans. This section applies to any
subcontract in the amount of $100,000 or more entered into by a prime
contractor in carrying out any such contract.
Currently, the VETS-100 serves no meaningful purpose for our
government, Federal contractors, and employed or unemployed veterans.
There are essentially only two required actions for companies who file
a VETS-100 form: first, they must file the VETS-100 form on annual
basis and second, they must list most available positions with an
employment delivery system such as an online employment site (I.E.
VetJobs). Unfortunately, these mechanisms lack oversight.
The VFW strongly urges Congress to put measures in place that will
ensure Federal contractors consider veterans first when hiring new
employees.
The VFW believes the VETS-100 report must be made
transparent and available to the public in an easily searchable online
format. The public deserves to know if companies are abiding by our
Nation's law. Public transparency will likely prove to provide better
oversight then DOL-VETs has in the past. Furthermore, DOL-VETs should
provide an annual report to Congress on their oversight and
investigation inquiries to companies that file a VETS-100 report.
A central repository must be created. An officially
recognized central repository of contractors should be created and
updated on a monthly basis with data derived from: the Federal
Procurement Data System (www.fpds-ng.com), the Central Contract
Registry (www.ccr.gov), the historical contract data from
www.usaspending.gov as well as www.defenselink.mil for Pentagon awards.
This would help DOL-VETs track and monitor Federal contractors to
insure compliance of veterans' affirmative action laws.
Serious VETS-100 compliance and reform needs action. The
present VETS-100 form lacks verification of the three compliance
principles of `affirmative action in hiring' under the Jobs For
Veterans Act: 1) proof of affirmative action outreach with the local
LVER; 2) proof of posting all job openings on a sanctioned job board;
and 3) proof that all sub-contractors are notified if they have sub-
contracts of $100,000 or more.
Consequences need to be set for non-compliance. Without
comprehensive monitoring and serious sanctions for non-compliance,
there is little reason for businesses to comply with the current
veterans employment laws.
Conduct a Veterans' Job Fair in Every Congressional District
Congressman and Congresswomen can be some of the best advocates for
America's veterans by encouraging their local businesses and donors to
hire vets first. Last year, the VFW worked with Congressman Glenn Nye
to host a very successful job fair at one of our local VFW posts in
Virginia Beach. Nearly 300 veterans and servicemembers showed up for
the event and met with a host of local corporate recruiters and human
resource officers, the VA, VSO service officers, and local DVOP's and
LVER's. The event was a great success and one we would hope to see
duplicated in every Congressional district in the United States.
Increase Funding for the Helmets to Hardhats Program
The VFW urges Congress to increase grants for the Helmets to
Hardhats program. This program has continued to train and place
veterans in specialized construction careers. According to Helmets to
Hardhats in 2009, they placed 1,060 veterans into careers. Of these, 49
were 30 percent or more disabled veterans. As a result of these
placements, these veterans will receive more than $20 million worth of
training from the respective companies at no cost to the veteran. On
average the program has cost $2,830 dollars per a successful placement.
In FY 2009, the program received 3 million dollars. The VFW urges
Congress to increase the number of veterans served by increasing their
funding. It would also benefit the organization if their appropriation
could be directed into a more stable form of funding over the course of
multiple years so that they could better manage their recourses year
after year. We call on Congress to double their funding through a 3
year appropriation. At the end of this time frame the program should be
reevaluated for future appropriations. Furthermore, the veterans who
utilize this program would greatly benefit from an expansion of Post-9/
11 GI Bill eligibility to those who are attending apprenticeship
programs or trade schools.
Extend Unemployment Insurance for Veterans
Currently, for many workers unemployment insurance is expiring. The
VFW is concerned that with the extraordinary unemployment rate of
veterans they may be disproportionately affected. The VFW urges
unemployment benefits be extended to all eligible veterans. This will
ensure that veterans are at least able to feed their families and
maintain their place of residence.
Veterans Need Training and Education to be Competitive!
With the advent of the Post-9/11 GI Bill, hundreds of thousands of
veterans will and are improving their career trajectory though
education. Their success is a direct result of Congress's decisive
action to completely overhaul the GI Bill. This same attention is
needed with other veterans training and education programs.
Vocational Rehabilitation and Education Program (VR&E)
The VFW envisions a VR&E for Life program. One that adapts to the
changing needs of the employment market and the evolving nature of the
individual veteran's disability. Our Nation's obligation to disabled
veterans is unparalleled. Through life long training and education
disabled veterans can achieve high levels of independence and self-
confidence that can only be earned through their own determination.
Remove the Delimiting Date for VR&E. Currently, the
delimiting date for VR&E is set to 12 years after military separation
or 12 years following the date of rating for a service-connected
disability. Eliminating VR&E's delimiting date would allow veterans to
access it on a needs basis for the entirety of their employable lives.
Thus allowing retraining when necessary and lifelong access to VR&E
employment services.
Increase VR&E's Educational Stipend to Reflect Chapter
33. Chapter 33 provides a far more equitable living stipend that
reflects the real cost of living. VR&E falls dramatically short of
aiding veterans with the real costs of living. For this reason, the VFW
strongly urges Congress to create cost of living stipend that mirrors
the Chapter 33 stipend, which reflects the basic allowance for housing
(BAH) E-5 with dependents rate based on zip code.
Additional Assistance for Veterans with Dependents under
VR&E. For many veterans with dependents the VR&E educational track
provides insufficient support. Many seriously disabled veterans are
unable to pursue education or training options due to limited resources
and the immediate need to support children and spouses. The VFW calls
on Congress to create a viable VR&E program that will assist a veteran
pursing education and training to care for the childcare needs of his
or her children while in this program.
Jump Start VR&E Enrollment. From the date a veteran files
for services under VR&E until entrance into a training or education
program can take many months. This is because VR&E requires validation
of entitlement, skill and interest assessment of the veteran, and then
authorization of the training or education program. If a veteran has
proven eligibility for VR&E it is exceedingly rare that they are not
allowed to enroll in a training or education program. The VFW believes
that once a veteran is found eligible for VR&E that entrance into
training or education should be implicit. The skill and interest
assessment should serve solely to help a veteran better focus their
efforts.
Measure Veterans Long-Term Employment Under VR&E.
Currently, VR&E measures the ``rehabilitation rate,'' as the number of
veterans discharged for having achieved their goals. A
``rehabilitated'' veteran is one who has been gainfully employed for a
period of 60 days upon completing VR&E. Such a short-term measure, 60
days of continuous employment, limits VR&E's focus to a short term goal
of 60 days of employment.
The VFW urges Congress to redefine the VR&E program's goals
to focus on the long-term. At any point over their career a
veteran becomes unemployed this should be tracked. If success
is measured by long term employability, VR&E employment
placement officials will give more credence to career options
vice 60 days of employment.
Transferability of Occupational Certifications
The VFW is very concerned that our military men and women are
getting high-levels of specialized training only to it be ignored by
State governments and potential employers. More needs to be done to
DoD's practices in training our servicemembers. When possible, the VFW
urges DoD to utilize similar certifications and standards of training
that civilians in their respective State utilize. For example, if
someone is being taught to drive a large commercial size military
vehicle, why can we not also get that servicemember a CDL certification
in the process? The same can be said for a great deal of the training
for corpsman, medics, mechanics, and IT occupations who are receiving
excellent levels of training that makes them in many cases superior to
their civilian counterparts. Due to the lack of State certification
employers often insist qualified veterans go through the redundant
civilian training programs. More must be done to ensure military
occupations receive certifications recognized in the civilian sector;
this will help streamline transition for these servicemembers.
DoD should create and distribute to every separating servicemember a
list of their equivalent civilian skill sets based on their
military occupation and training
The skill sets one acquires in any military occupation are valuable
and not always readily apparent to servicemembers separating from the
military. Skills-translators have recently become available to
servicemembers who are separating. Some private entities are also
proposing to do some interesting things to help veterans realize their
specific skill sets and to search for jobs based on their military
occupation. However, these tools are largely unavailable and
servicemembers are often unaware that these services exist or they
cannot locate them. Having DoD provide a standard skill translation
based on an individual's training would ensure veterans are aware of
their skill sets and know how they translate into the civilian sector.
This should also be a requirement of servicemembers that attend TAP,
DTAP or DoD's Yellow Ribbon Program.
Improve the Post-9/11 GI Bill
Congress has an opportunity to invest in a proven program that
yields lasting results for America. The VFW believes a number of
changes need to be made to the Post-9/11 GI Bill to address the needs
of today's servicemembers and their families. The original GI Bill
provided training apprenticeships and vocational training for World War
II veterans. The Post-9/11 GI Bill should also provide veterans the
same opportunity to seek careers in skilled trades. The VFW supports
the standardization, simplification and restructuring of all education
programs, with an eye toward equitable benefits for equitable service,
to include:
Remaining Chapter 30 programs (lump sum payments,
vocational training, distance learning) should be moved into Chapter
33.
Title 10, Section 1606, the Guard and Reserve Select
Reserve GI Bill, needs to reflect the Chapter 33 scale.
Chapter 35 survivors and dependent educational benefits
should also be comparable to Chapter 33.
Ultimately, phase out Chapter 30 and simplifying benefits
based on Chapter 33.
Furthermore, the VFW believes that members of the National Guard
and Reserve who serve under Title 32 USC, Active Guard Reserve program,
should have their service recognized under Chapter 33. By virtue of
their status, approximately 45,000 veterans who serve our country under
Title 32 do not receive credit toward accruing benefits under the Post-
9/11 GI Bill, even though their service was often in support of Federal
initiatives. All military men and women should be rewarded equally.
The VFW also supports allowing veterans who attend on-line
universities to be eligible for the Post-9/11 GI Bill, and therefore,
draw an equitable living stipend. Veterans often decide to attend
online universities through necessity--family and work obligations,
service-connected disability limitations, as well as financial
restrictions that prevent them from becoming traditional, on-campus
students. Veterans enrolled in online universities today receive no
cost of living stipend. The VFW wants this inequity fixed, and supports
their receiving a cost of living stipend based on their home zip code.
While this testimony is not all inclusive of the issues facing
veterans' employment, we believe these to be some of the most
important. There are more unemployed veterans currently then at anytime
in recent history. The recession is likely the number one catalyst, but
our Nation's heroes, particularly our recently separated
servicemembers, often have aggravating factors that tend to make
quality employment a more difficult challenge. These men and women are
our Nation's future and will be known as the next great generation of
war veterans to build, sustain, and create a stronger United States. We
strongly urge this Committee to do everything in its power to be
proactive and invest in these men and women today, for a better
tomorrow.
As America's largest group representing combat veterans, we thank
you for allowing the Veterans of Foreign Wars to present its views on
this important issue.
Madam Chairwoman, this concludes my testimony and I will be pleased
to respond to any questions you or the Members of this Committee may
have. Thank you.
Prepared Statement of Captain Marshall Hanson, USNR (Ret.), Director,
Legislative and Military Policy, Reserve Officers Association of the
United States, also on behalf of Reserve Enlisted Association
Preface
Mr. Chairman and distinguished Members of the House Veterans
Affairs Subcommittee on Economic Opportunity on behalf of 1.1 million
Reserve Component members, the Reserve Officers Association (ROA) of
the United States and the Reserve Enlisted Association (REA) of the
United States expresses its appreciation for the opportunity to submit
testimony about the status of veterans' employment. Over the past year
veterans, servicemembers, and their families have seen an increase in
Congressional and Presidential support.
As contingency operations bring about increased mobilizations and
deployments, many outstanding citizen Soldiers, Sailors, Airmen,
Marines, and Coast Guardsmen have put their civilian careers on hold
while they serve their country in harm's way. Since September 11, 2001,
more than 725,000 Reserve and Guard servicemembers have been mobilized,
with nearly one third of those having been deployed more than twice.
They share the same risks and their counterparts in the Active
Components, but aren't guaranteed career longevity like the full time
professionals.
Yet, many return home to find unemployment or underemployment.
Executive Summary
Issues supported by the Reserve Officers and Reserve Enlisted
Associations are to:
Support for Hiring Veterans:
Implement DoD forms that would inform employers of skills
potential veteran gained through their military service.
Support employer incentives specific to the hiring of
returning veterans and reserve component members.
Oversee Veterans' Recruitment and Employment Strategic
Plan.
Veteran Status:
Improve communications to field on new veteran preference
program.
Extend veteran status to Guard and Reserve members who
don't serve on active duty to 180 days.
Education:
GI Bill--pass legislation that adds technical, On Job
Training, and apprenticeship programs to the Post-9/11 GI Bill
eligibility
Reserve and Guard Small Business Owners:
Support incentives permitting deployed small business
owners to keep their businesses.
Employment Protections--Improve USERRA & SCRA:
Suggested improves follow in written testimony.
Introduction
The consequences of mobilization and demobilization do not solely
impact the military member; it also has an effect on families and
employers. Families and employers play a large role in a citizen-
warrior's decision on whether or not to enlist and to remain in the
military. In personnel surveys, employer pressure is listed as one of
the top two reasons why Guardsmen and Reservists quit military service.
Reserve forces cannot train or deploy without the continued
cooperation of their civilian employers, who hire Reservists, and who
provide the required time off and rearrange work schedules to
accommodate their Reservist employees' training and deployment
schedules.
As Reserve activations and deployments increase during this
extended Global War on Terrorism, employers' costs associated with
hiring Reservists also increase, and with these higher costs, the
employers' reluctance to hire Reservists may grow as well. If
Reservists believe that their civilian livelihoods are adversely
affected by their Reserve affiliation, they will end that affiliation.
The aggregate success of an all-volunteer Total Force depends on an
appropriate reliance on Guard and Reserve forces. An all volunteer
active force is very expensive, and must be kept at a manageable and
affordable level. This force must be augmented by a capable Reserve
Component. The accessibility to these Reserve Component forces depends
in large measure on the acquiescence and support of the employers of
our citizen-soldiers. Without a viable Guard or Reserve, a larger
Active duty force will raise the expense of National Defense.
An Encumbrance
Reservist's employers are being burdened by extra costs to support
national defense when their Reserve Component employees are called up
multiple times.
Civilian employers' work and production schedules (and the bottom
line) are affected to a greater or lesser degree by the availability of
their workers. The Uniform Service Employment and Reemployment Rights
Act (USERRA) requires that employers make time available to their
Reservist-employees for military training, forbids hiring
discrimination, and mandates job protection for deployed Guard and
Reserve members. Yet USERRA doesn't necessarily provide the depth of
protection that Congress intended.
Small businesses, which the Internal Revenue Service (IRS) defines
as having a 100 or fewer employees, employ 60 percent of the Nation's
workforce, and have created two-thirds of the new jobs since 1970. Some
small companies, however, are much more vulnerable to these
mobilization risks from the Global War on Terrorism and other call-ups
such as Hurricane Katrina.
Businesses that operate in communities near military bases will
suffer as U.S. forces are deployed overseas and local economies are
stressed. National Guard call-ups are another potential worry for
employers. Key workers could be asked to report to duty for prolonged
and unpredictable periods. Somewhere between 100,000 to 200,000 members
from the National Guard may be used either to help the war effort in
Iraq and Afghanistan or to replace the vacancies left by deployed
active-duty officers at home.
Many small businesses are unable to continue operating and face
going out of business, when their Reserve employees are asked to leave
their jobs and serve the Nation in the war on terrorism, also forcing
other employees from their jobs. Most small businesses cannot afford to
provide differential pay and supplemental benefits.
Civilian employees increasingly are choosing not to hire veterans.
In an online survey by Workforce Management Research Center it showed
that more than half civilian employers would if they knew that a
Reservist or Guard member could be called up again, being taken away
from their civilian job for an indeterminate period, would not hire a
RC member.
Despite initiatives created by Congress, the unemployment rate for
veterans and servicemembers has continue to increase at an alarming
rate.
Employment Protections
Veterans and servicemembers are provided protections through the
National Committee for Employer Support of the Guard and Reserve
(ESGR), the Uniformed Services Employment and Reemployment Rights Act
(USERRA), and the Servicemembers' Civil Relief Act (SCRA).
Though the Reserve Components have jobs when they leave for a
deployment once they return too often those jobs are no longer
available despite Federal law requiring employers to hold their
positions. In the Federal FY 2009 Department of Labor opened a record
number, 1,437 cases based on veterans' complaints about violations in
law. The Department of Justice (DoJ) also reported during the same
period a record number of lawsuits against employers for failing to
give returning RC members their jobs back. As it stands many RC
members, more than 40 percent, lose income when they mobilize.
In an IAVA report published January 2009 employers surveyed
demonstrates their lack of knowledge of USERRA with 36 percent unaware
of the protections they are supposed to provide servicemembers and 61
percent do not have an understanding of military service
qualifications.
Notwithstanding the protections afforded veterans and
servicemembers, and antidiscrimination laws it is not unusual for
members to lose their jobs due to time spent away while deployed.
Sometimes this is by employers who go out of business, but more because
it costs employers money, time, and effort to reintroduce the employee
to the company.
ROA strongly urges Congress to pass legislation granting tax credits to
employers of Reserve Component members.
Improvements to USERRA
While the Department of Labor's December 2005 regulations
positively affect USERRA enforcement, many other things still need to
be done to improve USERRA. ROA and REA encourage Congress to support
further USERRA provisions that will protect employment of the Reserve
Components and encourages compliance by employers.
Do not permit employers to discriminate by asking
prospective employees if they are in the Guard or Reserve.
Exempt employees from penalties when their insurance
lapses if their motor carrier license expires while mobilized (i.e.,
the Federal Motor Carrier Safety Administration).
Work with Federal agencies to abide by USERRA/SCRA
standards.
Provide protection of mobilized Guard and Reserve
students by granting academic leaves of absences, guarding academic
standing and refund guarantees.
Expand USERRA's definition of ``service in the uniformed
services'' to include an employee's need to be absent from work for
purposes of medical treatment (from DoD or Department of Veterans
Affairs facilities) for a wound, injury, or illness incurred or
aggravated during a period of service in the uniformed services.
Amend 38 U.S.C. 4323(d)(1)(C)--the ``liquidated damages''
provision to require employers who have violated USERRA to remunerate
to the servicemember an amount of $20,000 or the amount equal to the
actual damages, whichever is greater. Provide a provision in section
4324 allowing for liquidated damages when the employer is a Federal
executive agency and the violation was willful, such as found in
section 4323 as it applies to States, political subdivisions of States,
and private employers.
Amend Title 38 U.S.C. 4323(e) to mandate (rather than
simply permit) injunctive relief to prevent or correct a USERRA
violation.
Amend Title 49 U.S.C. 44935 to apply USERRA to
servicemembers employed by the Transportation Security Administration
(TSA) as screeners.
Amend 38 U.S.C. 4302(b) to make clear that USERRA
overrides an agreement to submit future USERRA disputes to binding
arbitration.
Amend 38 U.S.C. 4303 (definition of ``employer'') to
clarify that a successor in interest (a new employer often resulting
from a merger, transfer of assets or takeover of a function between
companies) inherits the predecessor's USERRA obligations and that a
merger or transfer of assets is not necessary to support a finding of
successor liability.
Amend 38 U.S.C. 4323 and 4324 to authorize punitive
damages for willful and egregious USERRA violations.
ROA Servicemembers Law Center
While USERRA is supposed to provide protection, the U.S. government
can't provide the legal support resources for the ever increasing
number of reemployment cases. National Guard and Reserve members and
returning veterans are forced to seek private legal representation.
Because of its USERRA expertise, it was suggested that ROA develop a
Servicemembers Law Center, advising Active and Reserve servicemembers
who have been subject to legal problems that occur during deployment.
The center was opened in June 2009.
The legal center will help encourage new members to join the
Active, Guard and Reserve components by providing a non-affiliation
service to educate prior service about USERRA and Servicemember Civil
Relief Act (SCRA) protections, and other legal issues. It would help
retention as a member of the staff could work with Active and Reserve
Component members to counsel those who are preparing to deploy,
deployed or recently deployed members facing legal problems.
The Legal Center can advise, refer by providing names of attorneys
who work related legal issues and amicus curiae briefs, encourage law
firms to represent servicemembers, and educate and training lawyers,
especially active and reserve judge advocates on servicemember
protection cases. The center could also be a resource to Congress.
Needed Improvements to the Servicemen's Civil Relief Act
In the age of internet back ground checks, employers can check
credit scores and financial backgrounds before hiring a new employee.
Veterans who have been deployed have certain protections, but
improvements can be made. WhileSCRA made major improvements in the
SSCRA, but new problem areas continue to surface. This section proposes
seven SCRA amendments to address these problem areas. The Reserve
Officers Association would be pleased to work with the Veterans Affairs
Committees on furthering these and other corrections.
Amend the SCRA to forbid discrimination based on membership in a
Reserve Component or the possibility of future utilization of SCRA
rights: Under section 518 of the SCRA (50 U.S.C. App. 518), it is
unlawful for a creditor or other party to discriminate against or take
an adverse action against a servicemember based on the servicemember
having applied for or received a stay, postponement, or suspension
under the SCRA. Under the current law, it is not unlawful for a
creditor or potential creditor to deny credit based on the prospective
borrower's membership in a Reserve Component and the possibility that
the prospective borrower could be mobilized in the future and could
apply for or receive a stay, postponement, or suspension. ROA proposes
that Congress amend the SCRA to close this loophole.
Amend the SCRA to broaden the types of leases and contracts which
the person entering active duty can terminate without penalty: Under
the SSCRA, since 1917, a person entering active duty has been permitted
to terminate a lease on premises (apartment, house, office, farm,
etc.). In 2003, Congress broadened this provision to enable the person
entering active duty to terminate a vehicle lease. In 2008, Congress
enacted a new provision to permit a servicemember to terminate a cell
phone contract under certain circumstances. Congress needs to amend the
SCRA to include leases and contracts for small businesses, in addition
to leases of premises, vehicles, and cell phones.
Amend the SCRA to make the right to a continuance and the
protection against default judgment apply to arbitration proceedings:
The individual who is on active duty may be unable to respond promptly
to a civil lawsuit or administrative proceeding, especially if the
individual is deployed to a place like Iraq or Afghanistan. Since 1917,
the SSCRA has given the individual in this situation some protection,
including the right to a continuance and default judgment protection if
military service interferes with a timely response. In 2003, Congress
expanded these provisions to make them apply to administrative as well
as judicial proceedings, but the provision has been held not to apply
to arbitration proceedings.
Amend the SCRA to forbid exorbitant overdraft fees and late fees
for deployed servicemembers: There have been instances where deployed
servicemembers have been charged hundreds or thousands of dollars in
overdraft fees or late fees for a low-dollar overdraft on a checking
account or a late payment on a credit card. Such exorbitant fees should
be forbidden.
Unemployment
The national unemployment rate for 2009 was 9.3 percent, the
highest since 1983, while the rate for Operations Iraqi Freedom (OIF)
and Enduring Freedom (OEF) veterans as of March 2010 is 14.7 percent.
Gulf War (August 1990-present) veterans comprise about one-third
National Guard and Reserve (current or past). Among the Gulf War-era RC
veterans the unemployment rate as of August 2009 was 10.9 percent. The
overall unemployment rates for OIF and OEF of Reserve Component
veterans was 10.2 percent in 2009.
Young male veterans (18 to 24 years) had an unemployment rate of
21.6 percent in 2009 with nearly two-thirds of all veterans from the
current conflicts are under 35 years.
Approximately 21 percent of OIF and OEF veterans have service-
connection disabilities.
Other unique characteristics of the current veteran population is
that women make up 18 percent of OIF and OEF veterans compared to 3
percent for past conflicts. Also OIF and OEF veterans are far more
likely to work for the Federal Government than nonveterans, 15 percent
veterans compared to 2 percent nonveterans. Also veterans' unemployment
has on average increased about 1 percent since 2007 although for
Reserve Components it has actually quadrupled in the same period.
Post-9/11 GI Bill
With rising unemployment among OIF and OEF including Guard and
Reserve members, transitioning members need the opportunity to gain new
skills, education, and experience to compete for jobs especially in our
current difficult economic situation. Yet the Post-9/11 GI Bill does
not include on the job (OJT), apprenticeship, and flight training
programs.
ROA and REA urge Congress to pass legislation that adds OJT,
apprenticeship, and flight training programs to the Post-9/11 GI Bill
eligibility.
Additionally it's believed that the unemployment rate for veterans
would be far worse than reported if so many veterans were not enrolling
in educational institutions utilizing the Post-9/11 GI Bill. These
veterans are not counted as being unemployed even though many need to
continue working to support their families while attending school.
Barriers to Employment of Veterans
There are two very significant barriers that servicemembers and
veterans face. One is the lack of knowledge regarding the transition
from military to civilian life. The other is the lack of ability of the
veteran as well as a potential employer to translate the veteran's
skills and education into a civilian job.
According to a Military.com 2007 survey 61 percent of employers
don't believe they have ``a complete understanding of the
qualifications ex-servicemembers offer,'' and more than three-quarters
of veterans entering the civilian workforce reported ``an inability to
effectively translate their military skills to civilian terms.''
Veterans also feel they lack critical career advancement skills like
networking and salary negotiation.
Civilian employers are also wary of hiring RC members because of
potential disruptions in the employee's work schedule due to their
service requirements as well as medical appointments and war-related
health problems.
H.R. 2847 Hiring Incentives to Restore Employment Act was signed
into law creating new tax breaks for hiring and retaining unemployed
workers. Several other bills were also introduced this past year.
ROA and REA encourage the implementation of certifications or form
that would inform employers of skills potential veteran and
servicemember employees gained through their military service.
While not under this committees jurisdiction we hope that the
Veterans Committee can support specific incentives to hire returning
veterans and Guard and Reserve members.
Federal Government Employment
At the end of Fiscal Year (FY) 2008 there were about 480,000
veterans working within the Federal Government.
In comparison to the private sector, the Federal Government hires
three times percentage of veterans, seven times percentage of disabled
veterans, and 10 times the percentage of severely injured veterans.
Agencies within the government that demonstrate distinction should
be studied and the results shared with all agencies as well as the
private sector. For example nearly 80 percent of veterans are employed
in three agencies--Departments of Defense (DoD), Veterans Affairs (VA),
and Homeland Security (DHS)--which makes up approximately 58 percent of
the workforce.
In OPM's FY 2010-2012 Government-wide Veterans' Recruitment and
Employment Strategic Plan they identified key barriers to increasing
the number of veterans employed in the Federal Government which are
listed below:
Lack of clear leadership regarding the value and
importance of hiring veterans
Infrastructure that doesn't support advocacy of veterans'
employment within Federal agencies
Insufficient understanding of Veterans' Preference and
utilization of special hiring authorities by human resources
professionals and hiring officials
Inadequate understanding of Veterans' Preference and
Federal hiring process by veterans and transitioning servicemembers
Absence of systems to match veterans' skills and
education to positions within the Federal Government
ROA and REA encourage this Committee to closely oversee OPM's
strategic plan for veterans' recruitment employment to utilize
information and gain a better understanding of obstacles and potential
opportunities.
Veterans' Status and Preference
Contrary to the legacy veteran's preference program where veterans
were given 5 or 10 points on their application for Federal service, a
new program began this past September taking servicemembers through the
needed steps to acquire a Federal job upon leaving the military. Their
skills are assessed to determine what kind of work they can do in
Federal service then directed to those corresponding positions. ROA and
REA support expansion of this program.
Current law defines members of the Reserve Components who completed
20 or more years of service as ``military retirees.'' At the age of 60,
these retirees are eligible for all the benefits afforded active duty
military retirees, such as military retired pay, and TRICARE health
care. But they are not considered as Veterans as they didn't serve a
qualifying period of 180 days of Federal active duty. In some cases,
these individuals have even directly supported contingency operations,
but on ``training'' orders.
Many States and cities grant benefits to veterans, such as
education and employment benefits, and use the Federal definition of a
veteran to determine eligibility. So certain Guard and Reserve retirees
aren't eligible for these local benefits, either.
Congressman Tim Walz (D-Minn.) introduced a bill in October 2009.
His H.R. 3787 would amend Title 38, United States Code, to deem certain
service in the Reserve Components as active service for purposes of
laws administered by the secretary of Veterans Affairs. In early
January his bill had 30 co-sponsors.
The Reserve Officers Association supports this bill and hopes that
the Committee will release it for consideration by the House.
Small Business Owners
Reserve Component small business owners are particularly challenged
by deployments. About 22 percent of self-employed Reservists find their
activations impact their personal businesses, creating very serious
problems. Many have to sell out partnerships, or close down businesses.
And as many of these Reserve Component members are employers of others,
many non-military are laid off when the business owner is deployed.
ROA and REA support initiatives to provide small business owners
with protections for their businesses to be sustained while on
deployment, for example a potential program in which a trained
substitute if one is not available to run the business while the member
is out country.
Conclusion
ROA and REA would like to thank the Committee and its staff for its
attention to this crucial issue which has increasingly become a
pressing concern for veterans and their families. Even more so for RC
members that are being utilized at a high operation tempo, requiring
longer and more frequent periods of absence from their civilian jobs.
Servicemembers and veterans as well as their families face daunting
obstacles to their futures once they are separated from the military.
The unemployment rate nationally is a growing problem, yet for veterans
there situation is compounded for varying reasons causing their
unemployment likelihood to be higher especially for the young veterans.
ROA and REA appreciate efforts by this Committee to address
employment issues that veterans face. We look forward to continuing to
work with the Committee and staff.
Prepared Statement of Colonel Peter J. Duffy, USA (Ret.), Deputy
Director of Legislation, National Guard Association of the United
States
Background--Unique Citizen Servicemember/Veteran
The National Guard is unique among components of the Department of
Defense in that it has the dual State and Federal mission. While
serving operationally on Title 10 active duty status in Operation Iraqi
Freedom (OIF) or Operation Enduring Freedom (OEF), National Guard units
are under the command and control of the President. However, upon
release from active duty, members of the National Guard return to the
far reaches of their states as both veterans and continuing serving
members of the Reserve Component but under the command and control of
their governors. As a special branch of the Selected Reserves they
train not just for their Federal missions but for their potential State
active duty missions such as fire fighting, flood control and providing
assistance to civil authorities in a variety of possible disaster
scenarios.
While serving in their States, members are scattered geographically
with their families as they hold jobs, own businesses, pursue academic
programs and participate actively in their civilian communities.
Against this backdrop, members of the National Guard remain ready to
uproot from their families and civilian lives to serve their governor
domestically or their President in distance parts of the globe as duty
calls and to return to reintegrate within the same communities when
their missions are accomplished.
Military service in the National Guard is uniquely community based.
The culture of the National Guard remains little understood outside of
its own circles. When the Department of Defense testifies before
Congress stating its programmatic needs, it will likely recognize the
indispensable role of the National Guard as a vital Operational Force
in the Global War on Terror (GWOT) but it will say little about and
seek less to redress the benefit disparities, training challenges and
unmet medical readiness issues for National Guard members and their
families at the State level before, during and after deployment. We
continue to ask that they be given a fresh look with the best interests
of the National Guard members and their families in mind.
Enhance Employability for Our National Guard Veterans by Amending 10
USC 1097c to Allow Employers to Offer Incentives for Them to
Enroll in TRICARE Reserve Select and Decline Employer Sponsored
Health Plans
TRICARE Reserve Select (TRS) has been available to members of the
Reserve Components since October 2007 but it remains under subscribed
with only 7 percent of the eligible population participating according
to the Department of Defense. This is surprising given the low monthly
premium rates of $180.00 for family coverage and $47.51 for individual
coverage.
Under current law, 10 USC Section 1097c, employers of members of
the Select Reserve cannot offer incentives to members of the Select
Reserve to decline coverage under the Employer's more expensive health
care plan and enroll in less expensive TRICARE Reserve Select with the
premiums paid with pre tax dollars by their employers.
The current law prevents our member veterans from leveraging their
ability to be covered with low cost health insurance as an inducement
for prospective employers to hire them. It is a challenge for all of
our unemployed members to convince employers that they are worth hiring
in the face of the certainty of disruptive long term absences from
deployments. Amending 10 USC 1097c would have the beneficial effect of
making our member veterans more attractive to potential employers
because they would be less expensive to insure. This savings would loom
large for employers now required to provide employees with health
insurance under the new health care law.
Support for Expanding the Transition Assistance Advisor Program
The Yellow Ribbon Program needs to expand by statute the Transition
Assistance Advisor (TAA) Program to at least three hundred positions
managed by the Joint Staff of the National Guard Bureau under the
auspices of the Department of Defense Office of Reintegration. The ``go
to'' feature of TAA makes it invaluable and personal to our members and
their families to learn and understand the benefits programs that exist
at the VA and elsewhere pre, during and after deployments. So many
programs have proliferated during the current war that many members and
family complain that that the information thrown at them at benefit
briefings is like ``drinking from a fire hose''. The reintegration
briefers from the behavioral care staff of Johns Hopkins refuse to use
``power point'' because its lack of interactivity loses the trust and
attention of the audience. The TAA program provides a necessary
interactive and trustworthy alternative to the one time electronic
briefing or the many lost in the shuffle Web sites. TAA has staying
power and simply put-it works. It needs to be resourced and sustained
with statutory backing.
S. 842 to repeal the sunset of SCRA foreclosure and interest rate
protections scheduled to expire December 31, 2010
As part of the Housing and Economic Recovery Act of 2008, Congress
strengthened the protections for our veterans under the Servicemembers'
Civil Relief Act by extending both the 6 percent interest cap on pre
deployment mortgage interest to 1 year after the period of military
service and the stay against foreclosures from 90 days to 9 months
after the period of military service. Unfortunately, these protections
are scheduled to sunset (expire) December 31, 2010.
S. 842 sponsored by Senator Kerry in the Senate would repeal the
pending sunset of these protections . There are no cosponsors yet in
the Senate and currently no House companion bill to S. 842. These are
important protections in a difficult economic environment which need to
be maintained beyond this year. It will be difficult for our member
veterans to fully concentrate on their civilian employment with the
specter of subprime mortgage hikes and foreclosures following close on
their heels as they return from deployments.
Veterans' Preference Status for All Who Have Honorably Served in the
National Guard and Reserve
NGAUS recently received a letter from Monique Elling, a former
member of the Delaware National Guard, who served honorably for 10
years in domestic assignments but who has been denied veterans
preference points because her only title 10 active duty time was in
training status after enlistment. With her permission, a copy of her
letter is set forth in the Appendix. Such restrictive definitions of
veteran disrespect the honorable service of our members and unfairly
restrict employment opportunities for otherwise qualified candidates.
Veterans' employment preference points must be extended to all those
who have served honorably in the Select Reserve and active forces.
H.R. 3554--Amending the Post-9/11 GI bill to Recognize Title 32 Active
Duty
Amid great celebration and expectations, the bill providing
Educational Assistance for Members of the Armed Forces Who Serve After
September 11, 2001, more commonly known as the Post-9/11 GI Bill, was
hurriedly enacted as part of the Supplemental Appropriations Act, 2008
Public Law 110-252 but with one glaring omission; Congress excluded all
National Guard Title 32 active duty service after 9/11 from qualifying
for benefits under this program.
The impact of this legislation is that Congress has effectively
denied benefits to our dedicated men and women who have served our
country on Title 32 active duty post 9/11 as AGRs and in mobilized
operations such as Operation Noble Eagle, Operation Jump Start, and in
the critically needed airport security operations in the desperate days
immediately following the 9/11 attacks on the homeland. What is
particularly upsetting is the fact that the bill provides benefits for
domestic active duty service of Reserve AGRs and other active forces on
Title 10 orders who are performing virtually the identical service as
our National Guard AGRs and other members on Title 32 orders who are
denied the same benefits.
In a time of limited employment opportunities, our members need to
be given full opportunity, financial assistance and encouragement under
the Post-9/11 GI Bill to pursue higher education to enhance their
employability while waiting for the economy to correct.
H.R. 3554, introduced by Representative David Loebsack (D-IA),with
94 current co sponsors and its companion bill in the Senate, S. 1668,
introduced by Senator Michael Bennet (D-CO), with 13 current co
sponsors would include Title 32 active duty in the calculation of
benefits under the Post-9/11 GI Bill. These bills will need broader co
sponsorship and support in Congress to succeed.
The Congressional Budget Office has recently estimated the cost of
H.R. 3554 at $1.14 billion over 10 years. It is important to note that
when it passed the Post-9/11 GI Bill, Congress rightfully disregarded
its normal budgeting concerns which annually block legislation needed
to correct longstanding benefit inequities faced by the National Guard.
Money was not an object when the Post-9/11 GI Bill was enacted and it
should not now be a bar to taking this corrective action.
H.R. 4318--Establishment of a Civilian Conservation Corps
H.R. 4318, introduced by Representative Marcy Kaptur, would
establish a 21st century Civilian Conservation Corps to employ our
citizens in public works projects on our public lands to relieve the
distress of unemployment and homelessness.
A Civilian Conservation Corps (CCC) would provide a particularly
effective venue for veterans who are already trained to work and live
as a team in the most challenging of environments. It would provide an
imaginative spark to public service in this country that would give our
veterans and all others employed in a CCC program a sense of ownership
and pride in improving our Nation. In a dispirited time for so many, a
CCC program would raise the collective spirit of our Nation by
initiating meaningful projects to employ veterans that would protect
the environment and provide the necessary care and upkeep for our
beautiful country.
Expanded Military Mental Health Care Training of Civilian Providers,
Veterans and Families and Issuance of VA Voucher
The issues of veterans' employment and mental health maintenance
cannot be separated. Before veterans can maintain gainful employment in
a challenged job environment, they must be able to maintain a workable
level of mental health and establish supportive social networks.
The Rand Corporation in its study, ``The Invisible wounds of War''
reported that as of October 2007, 300,000 veterans of Operation Iraqi
Freedom and Operation enduring Freedom suffered from either PTSD or
major depression, a number which has only grown in the interim. The
harmful effects of these untreated invisible wounds on our veterans
hinder their ability to work productively and live independently.
Rand emphatically recommended increasing the cadre of trained and
certified providers and to deliver evidence based care to veterans
whenever and wherever services are provided they are located. In
addition to training providers, veterans and their families must be
trained on how to recognize the signs of behavioral illness and how and
where to obtain treatment for the same.
In order to fully leverage the health care providers in our
communities, veterans must have the ability to utilize trained and
certified services in their communities wherever they are available. To
facilitate this, the VA must issue a voucher card that will allow our
veterans to seek fee based treatment with certified providers outside
the brick and mortar of the Veterans Administration facilities which
are often located hundreds of miles from a veteran in need. Requiring a
veteran, once employed, to drive hundreds of miles to obtain care at a
VA facility necessitates the veteran taking time off from work which
most employers can ill afford.
APPENDIX
---Original Message--
From: Elling, Monique A Mrs CTR U.S. NG NGB
ARNG [mailto:
[email protected]]
Sent: Wednesday, March 17, 2010 1:14 PM
To: Richard Green
Subject: The Unstatus Soldier (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: FOUO
Mr. Green,
Thank you for taking time out of your schedule to listen to my
concerns. I was an officer in the Delaware National Guard who served
over 10 years--seven of which were full-time as a ``military
technician''. I've recently been applying for Federal jobs and on the
job application it ask ``are a veteran of the armed forces?''. My
instinctive reply to the question was ``yes''.
Naturally 10 years of service in the Army National Guard qualifies
me as a veteran. The question of my veteran status was proceeded by the
quantifying statement ``served honorably on active duty in the armed
forces of the United States for 180 days or more (Reserve and National
Guard active duty for training does not qualify)''. It's not a matter
of wanting monetary benefits but the Federal Government's recognition
my years of service.
Counterintuitive to everything I had been trained to do and lived,
I had to put ``no''. No, my 10 years of training, operational exercises
and drills are not quantifiable to 180 days of active duty. No, having
to meet the same standards and required to attend the same schools as
my active duty brothers is not quantifiable to 180 days of active duty.
Is it a matter of perceived sacrifice? I too, upon the ramp-up of the
war spent days and weeks away from my family preparing Soldiers and
families for deployments. In fact, during the first serge of the war I
was taking care of my father with cancer. I often found myself
teetering between traveling to mobilization stations preparing my
Soldiers and managing the care of my father. My father lost his battle
with cancer. A part of me blames myself for splitting my time and not
making him my sole priority. I share the next story not because I fancy
morbidity, but to use my personal experience to illustrate the shared
sacrifice of our ``Citizen'' Soldiers to their ``Active'' counterparts.
I received my commission through the State OCS program. The length of
the program was approximately 15 months. Twelve months into the program
I became pregnant. Unaware of my pregnancy, I continued training and
subsequently miscarried. I was told it was more than likely the
physical stress I subjected upon myself. I've never publicly shared
this story with anyone. I now gladly share but for the larger good it
may do in the effort of changing the narrow definition of a
``veteran.''
To add insult to injury, I recently interviewed and was chosen for
a position working for the National Guard Bureau but it was revoked due
to my reinstatement eligibility status. I found out that due to the
fact military technicians are ``excepted'' status Federal employees
they cannot be considered for employment when the position is opened to
only competitive status and reinstatement eligible Federal employees. I
researched the issue further and found out there were exceptions to
allowing certain ``excepted'' status candidates to compete through the
Department of Defense Interchange Agreement. Upon further investigation
I was shocked to find out that the National Guard does not have such an
agreement with Department of Defense. I am perplexed that the National
Guard Bureau, the very agency that oversees the various State National
Guards is closed to military technicians. Again I ask, what is my
status? I don't received the same status of my fellow guardsmen who are
AGR and yet I'm not afforded the same treatment as a competitive
Federal employee. Ironically, I'm hunted by a phrase I use to tell my
Soldiers about the equality of each Soldier regardless of color,
nationality or sex. ``Despite all of our differences we are all green
on the inside''.
Again, I thank you for your time and hope that my experience may
help another
Soldier. Unstatus but still ``green'' on the inside.
Sincerely,
Monique A. Elling
IIF Data
Senior Analyst
703.601.7576
Don't wait to strike the iron when it's hot. Strike it and make it hot!
Classification: UNCLASSIFIED
Caveats: FOUO
Prepared Statement of Hon. Raymond M. Jefferson,
Assistant Secretary, Veterans' Employment and Training Service,
U.S. Department of Labor
Madam Chair, Ranking Member Boozman, and Members of the
Subcommittee:
Thank you for your service to our Nation's Veterans and for the
opportunity to testify before you today about what the Department of
Labor's (DOL) Veterans' Employment and Training Service (VETS) is doing
to help our Veterans and transitioning servicemembers.
VETS proudly serves Veterans and transitioning servicemembers by
providing resources and expertise to assist and prepare them to obtain
meaningful careers, maximize their employment opportunities and protect
their employment rights.
I am deeply humbled to have the privilege of serving our Nation as
the Assistant Secretary for Veterans' Employment and Training.
Secretary Solis has been an incredible source of guidance and support,
and has made Veterans and VETS one of her top priorities. Our programs
are an integral part of Secretary Solis's vision of ``Good Jobs for
Everyone,'' and her commitment to help Veterans and their families get
into the middle class and maintain stability.
Every day, we are reminded of the tremendous sacrifices made by our
servicemen and women, and by their families and one way that we can
honor those sacrifices is by providing them with the best possible
services and programs our Nation has to offer. Secretary Solis and I
believe strongly that Veterans deserve the chance to find good jobs and
VETS works closely with the DoD and the Department of Veterans Affairs
(VA) to help them get there. All of us--and that certainly includes
Congress as well as the Administration--have to work together to help
our Veterans overcome the challenges they face to finding a good job
when they return to civilian life.
Aspirations
The Secretary's guiding vision and the discussions I've had since
my confirmation with servicemembers, Veterans, Veterans' Service
Organizations, private sector leaders, and employment and training
professionals have informed five core aspirations that VETS will pursue
during my tenure as Assistant Secretary:
1. We will provide Veterans and transitioning servicemembers a
voice in the workplace by serving as the national focal point for
Veterans' employment and training needs. Specifically this involves the
following:
a. Helping more Veterans by increasing awareness of our
resources, making our programs more accessible, and improving
the employment outcomes for those who participate in them.
b. Improving communication and collaboration with partners and
stakeholders.
c. Paying close attention to populations with unique needs,
especially Veterans and transitioning servicemembers who are
women, Native Americans, homeless, live in rural areas, or are
wounded, ill or injured.
2. We will create a better path to good jobs for Veterans through
increased engagement with employers, with a particular emphasis on the
private sector.
3. We will help servicemembers transition seamlessly into
meaningful employment and careers while emphasizing success in emerging
industries such as green jobs.
4. We will facilitate a return to work for servicemembers and
protect vulnerable populations by increasing awareness of and
commitment to USERRA's rules that protect Veterans.
5. We will invest in VETS' team members and emphasize continuous
improvement to better serve the Secretary's vision and the Nation's
Veterans.
Improvements in Current Programs
We have four main programs at VETS which serve the Secretary's goal
of providing ``Good Jobs for Everyone'' that we are working to improve:
The Jobs for Veterans State Grants (JVSG);
The Transition Assistance Program Employment Workshops
(TAP);
The Homeless Veterans' Reintegration Program (HVRP); and
The Uniformed Services Employment and Reemployment Rights
Act (USERRA).
Jobs for Veterans State Grants
The Jobs for Veterans State Grants helps Veterans find good jobs
through services provided at One-Stop Career Centers and other
locations. Grants are provided to State Workforce Agencies to hire
Veteran-dedicated staff such as Disabled Veteran Outreach Program
specialists (DVOPs) and Local Veterans' Employment Representatives
(LVERs), who serve as the ``front line'' for the employment and
reemployment of our Nation's Veterans.
The Jobs for Veterans Act of 2002 (JVA) changed the DVOP and the
LVER programs by making delivery of intensive services the principle
focus for DVOP specialists and by providing LVERs with a dual mission
of providing employer outreach and facilitating services. For FY 2011,
the President's budget proposes an initiative that will more closely
align the service delivery duties of DVOPs with providing intensive
services, and continue to emphasize the LVER outreach to employers. We
will accomplish this by beginning with a pilot and progressing to
system-wide implementation.
Under the budget proposal, DVOPs will:
Offer tailored intensive services to Veterans with
employment barriers; and
Reduce the emphasis on delivery of core services to
Veterans.
LVERs will increase their emphasis on job development and
employer outreach.
We expect to publish policy guidance this month, and then conduct
pilot programs with full implementation by September 2011.
Also under the Jobs for Veterans Act of 2002, Veterans receive
priority of service in all qualified job training programs that are
directly funded, in whole or in part, by the Department of Labor,
including programs offered at DOL-funded One-Stop Career Centers. The
Department published regulations in 2009 to implement this rule, and
recently, released joint guidance from VETS and DOL's Employment and
Training Administration (ETA), which administers the Career Centers.
These Centers provide high-quality employment and training services
at more than 3,000 locations across America and last year, helped over
1.5 million Veterans and provide an array of services including:
Skills assessment and interest surveys;
Career guidance;
Job search assistance;
Skills training for jobs in high-demand in specific local
communities;
Child care; and
Transportation.
VETS is also collaborating with VA's Vocational Rehabilitation and
Employment (VR&E) service by stationing DVOP specialists at VA Regional
Offices and other points of entry to VR&E services to help VR&E
participants find good jobs.
Transition Assistance Program (TAP) Employment Workshops
DOL provides TAP Employment Workshops at military installations
world-wide to make it easier for servicemembers and their spouses to
transition from military service to civilian employment. These are
comprehensive 2\1/2\ day employment workshops.
In response to external assessments and stakeholder feedback
regarding TAP's performance, we are working closely with DoD, VA and
the Department of Homeland Security (DHS) to redesign the workshops to
make them more relevant and engaging. Presently, the 2\1/2\ day
workshop consists of about 240 slides that haven't been modernized in
about 17 years. We need to and we will make them more engaging,
relevant, and applicable to Veterans preparing to come home.
The FY 2011 budget establishes the TAP program as a separate budget
activity to highlight the significant role this program plays in
helping returning servicemembers find good jobs. The requested increase
of $1,000,000 in FY 2011 will be used to raise awareness that spouses
are eligible to attend the program, and to provide the course to
spouses in languages other than English.
We also worked with DoD, VA, and DHS late last year, to develop a
multi-year, strategic plan for servicemembers as they transition from
the military. This effort goes beyond the TAP Employment Workshop and
encompasses the entire transition experience. We're all committed to
ensuring the plan is action-oriented and will have a measurable,
positive impact. It will involve an increased emphasis on the
employment needs of the Reserve components and servicemembers who have
been wounded, ill or injured.
Homeless Veterans' Reintegration Program (HVRP) and Veterans'
Homelessness
Secretaries Solis, Shinseki, Sebelius, and Donovan share a
commitment to eliminating homelessness among Veterans. Our
appropriation for FY 2010 is $36,330,000 and we have requested an
additional $5,000,000 for a total of $41,300,000 for FY 2011. We have
strengthened our interagency collaboration at all levels to mobilize
for this important and necessary goal. VETS' contribution to this
effort will include the following:
Continue reaching out to homeless Veterans and assisting
them in becoming reintegrated into the workforce through the Homeless
Veterans' Reintegration Program. VETS expects to serve 21,000
participants in FY 2010. The requested increase of $5 million for FY
2011 will boost that number to an estimated 25,000 participants.
Through the Incarcerated Veterans Transition Program
(IVTP), VETS will continue its efforts to help incarcerated Veterans
and will coordinate these efforts with the Department of Veterans
Affairs. Of the $36 million for HVRP in FY 2010, VETS plans to use $4
million for IVTP, which will serve approximately 1,500 Veterans,
through 12 grants, who will be transitioning from incarceration back to
society. We plan to continue this program at that level in FY 2011.
Of the $10 million increase for the HVRP in FY 2010, we
will use up to $5 million for a major new undertaking--to provide
customized employment services for homeless women Veterans and homeless
Veterans with families, a population that is on the rise and in need of
specialized services. We expect to fund about 25 grantees with this $5
million increase, and will continue this effort in FY 2011.
Uniformed Services Employment and Reemployment Rights Act (USERRA)
VETS is not only an employment and training agency; it is also a
worker protection agency with a vital role in enforcing the employment
and reemployment rights for uniformed servicemembers.
VETS recently completed an assessment of USERRA in order to
increase responsiveness to Veterans. Through this assessment we will
move towards more consistent and high standards in our investigations,
and determine other steps to improve the program and its outcomes.
We have also begun work on an electronic case management system to
improve efficiency by eliminating unnecessary paper-work in our
investigations. Access to this system will be shared with our Federal
enforcement partners.
Finally, we are also working closely with the Office of Personnel
Management to ensure that the Federal Government serves as model
employer in carrying out the provisions of USERRA.
Increased Engagement with Employers
In addition to improving current programs, VETS is working on new
efforts to highlight the value of hiring Veterans to the private sector
and making the Veterans hiring process more convenient and efficient.
There is tremendous opportunity for increased engagement with
private employers and VETS is working with them and their organizations
to enlist their advice and support:
On November 12, 2009, Secretary Solis and VETS
participated in a major outreach initiative to promote Veterans' hiring
sponsored by the U.S. Chamber of Commerce. The goal is to form a link
between local private sector employers and the Veterans who are looking
for employment through the One-Stop Career Centers. This event was an
important first step in developing a partnership with the Chamber and
as a result each of VETS' 52 State directors are now reaching out to
regional and local Chambers of Commerce.
Last month, DOL's Assistant Secretary for Disability
Employment Policy, Kathy Martinez, and I facilitated a discussion with
50 human resources personnel at Chamber headquarters and, later this
Spring, Secretary Solis will be having a similar discussion with 25
CEOs.
VETS is in the process of developing relationships with
other important business associations, such as the Executive Leadership
Council, Business Executives for National Security, business
roundtables, economic development boards and high-tech associations.
Job Corps
In addition to working with the private sector and other Federal
Government partners, VETS is working with other agencies within DOL.
For example, we're developing a program with Jobs Corps to encourage
transitioning servicemembers to enroll in Job Corps training.
The program will provide Veterans with the academic, career
technical and social skills they need to become employable and
independent in the civilian labor force. Residential and training space
has been set aside at three Job Corps sites. In the pilot, a total of
300 Veterans will be chosen from selected TAP sites across the country
to participate in this program and receive training in various fields
including, advanced manufacturing, automotive repair, construction,
finance, business, health care, homeland security, hospitality and
culinary arts, information technology, renewable resources, retail
sales and transportation.
Targeted Populations
There are several populations of Veterans who have historically
been under-served whom VETS is developing additional tailored programs
for, including Native American Veterans and Veterans who are wounded,
injured, or ill.
1. To gather input from Native Americans, Secretary Solis hosted a
Summit of Tribal Leaders at DOL that VETS participated in, where the
problems facing Native American Veterans in finding good jobs were
discussed. Furthermore, VETS has recently completed a study on the
employment needs of Native American Veterans living on tribal lands,
which should be released within 2 months, and will also be
participating in a number of additional Native American outreach events
in 2010.
2. To help the brave heroes who are wounded, ill or injuredfind
good jobsVETS has two special initiatives:
a. The Recovery and Employment Assistance Lifelines
(REALifelines) provides one-on-one services to our wounded
warriors to ease their transition into civilian employment. We
have special REALifelines coordinators stationed at military
treatment facilities on a full-time basis who provide services
to wounded, injured, or ill personnel on those bases and at
other nearby facilities.
b. America's Heroes at Work (AHAW) is a joint initiative with
DOL's Office of Disability Employment Policy. AHAW is an
outreach and anti-stigma campaign that educates America's
employers about the simple on-the-job accommodations and steps
they can take to help Veterans with post-traumatic stress
disorder and/or traumatic brain injury to excel in their
careers. This program is the result of strong collaboration
with DoD, VA and other Federal agencies and stakeholders.
Veterans' Green Energy Jobs Initiative
VETS also is working to prepare Veterans for the jobs of tomorrow
and so in July 2009, we awarded 17 competitive grants under the
Veterans' Workforce Investment Program, totaling $7.5 million to help
train approximately 3,000 Veterans for jobs in green energy
occupations. Fields of employment include energy efficiency, renewable
energy, modern electric-power development and clean vehicles. This
program will help Veterans overcome employment barriers and ease their
transition into this growing industry. For FY 2010 we received an
increase of $2,000,000, and plan to award up to an additional four
grants in July, and will continue this program at that same funding
level in FY 2011.
Federal Employment
I know that your Committee is also interested in Veterans
employment within the Federal Government. BLS Deputy Commissioner Rones
will offer more details on that subject but I can say that according to
OPM Veterans made up 25.5 percent of the Federal workforce for both
fiscal years 2007 and 2008.
(Source: United States Office of Personnel Management Employment of
Veterans in the Federal Executive Branch Fiscal Year 2008)
VETS is also leading the effort to implement Executive Order 13518
Employment of Veterans in the Federal Government, which President Obama
signed on November 9, 2009. This order establishes a Council on
Veterans' Employment co-chaired by Secretaries Shinseki and Solis with
the Director of OPM serving as Vice Chair. The overall goal is to
increase the number of Veterans in the Federal workforce.
Additionally, agencies are required to establish a Veterans Employment
Program
office, or designate an agency officer or employee with full time
responsibility for its Veterans Employment Program. A new Web site has
been created www.fedshirevets.gov.
The Council has developed a Strategic Plan and established three
work groups to cover skills development and employment, marketing
Veterans suitability for employment, and providing information to
Federal hiring managers. VETS has a representative on all three groups
and chairs the Skills Development and Employment group.
Conclusion
Thank you for the opportunity to present some of what we're doing
at VETS. We will continue working tirelessly, passionately and
innovatively to help our Veterans and transitioning servicemembers
create meaningful lives, rewarding careers and become productive
citizens and leaders in their communities.
Prepared Statement of Christine M. Griffin, Deputy Director,
U.S. Office of Personnel Management
Good afternoon, Chairwoman Herseth Sandlin, Ranking Member Boozman,
and Members of the Subcommittee. Thank you for inviting me to this
important hearing on the status of veterans' employment and the role of
the U.S. Office of Personnel Management (OPM) within it. As a veteran
of the United States Army, having served on active duty from 1974-1977,
I understand the importance of making sure that our veterans are able
to find and retain jobs.
Governmentwide Recruitment and Retention of Veterans
Ensuring that veterans have full access to Federal civilian jobs
following their separation from military service is one of the highest
priorities of Director John Berry and myself; it is also at the very
core of OPM's mission: To recruit, retain and honor a world-class
workforce to serve the American people. President Obama reinforced our
commitment to veterans' employment when he signed Executive Order 13518
last November. This order established the Veterans Employment
Initiative, which will guide this Administration's efforts to
reinvigorate the recruitment and retention of veterans in the Federal
workforce.
The Executive Order cemented a partnership among the Departments of
Defense, Labor, Veterans Affairs, Homeland Security, and OPM and
directed Federal agencies to enhance employment opportunities for
veterans employed in the executive branch. Our partners in this
initiative employ nearly 80 percent of all veterans in the Federal
workforce. As we looked more closely at the government-wide veteran
employment numbers, we realized there are pockets of excellence in the
recruitment and employment of veterans that can benefit other Federal
agencies. By leveraging the practices of successful agencies, the
Government will increase its effectiveness in recruiting, on-boarding,
and providing career counseling to veterans seeking Federal employment.
As part of this effort, OPM is collaborating with the Department of
Veterans Affairs (VA) Vocational Rehabilitation and Employment (VR&E)
Program.
The Executive Order also established an Interagency Council on
Veterans Employment (the Council), co-chaired by the Secretaries of
Labor and Veterans Affairs, with the Director of the Office of
Personnel Management serving as Vice-Chair. The Council members also
include a number of other agencies, and the President may designate
other members. The Council had its inaugural meeting in December 2009
to outline the responsibilities under the Executive Order, affirm its
commitment to enhance the employment of veterans in the Federal
Government, and to chart a strategic course forward.
On January 29, 2010, OPM released The Governmentwide Veterans'
Recruitment and Employment Strategic Plan for FY 2010-FY 2012. The
Strategic Plan focuses on aggressively breaking down barriers to
veterans' employment by using a number of strategies focused on the
following four areas:
Leadership Commitment--establishes a governance structure and
infrastructure dedicated solely to the employment of veterans
in the Federal Government.
Skills Development and Employment--focuses on providing
employment counseling and aligning the talents and aspirations
of veterans and transitioning servicemembers with civil service
career opportunities.
Marketing Veterans' Employment--creates a marketing campaign,
aimed at (1) highlighting for veterans and transitioning
servicemembers the benefits of continuing their careers with
the Federal civil service and (2) raising awareness among
hiring officials of how veterans can meet demands for needed
skills in their organizations.
Information Gateway--creates a single-source Web site for
disseminating accurate and consistent veterans' employment
information and resources for veterans, human resources
professionals, and hiring officials.
In addition, OPM established a Veterans Employment Program Office
to provide Governmentwide leadership on the Veterans Employment
Initiative and launched the comprehensive veterans' employment
information gateway www.fedshirevets.gov. Veterans now have a formal
employment advocate in the 24 Federal agencies identified in the
Executive Order.
Impact of Veterans Preference
Veterans' preference recognizes the economic loss often suffered by
citizens who have served, restores veterans to a favorable competitive
position for Government employment, and acknowledges the larger
obligation we owe to disabled veterans. The Executive branch of the
Federal Government is the Nation's leading employer of veterans. Over
half a million veterans are employed today in agencies across the
country and around the world. Approximately 25 percent of, or one of
every four, current Federal employees is a veteran. In comparison to
the private sector, the Federal Government hires three times the
percentage of veterans, seven times the percentage of disabled
veterans, and 10 times the percentage of severely injured veterans.
Each year we continue to see an increase in the number of veterans
employed by the Federal Government. In FY 2007 there were 462,744
veterans out of 1,811,459 total employees. Again in FY 2008, the number
of veterans rose to 481,223 out of 1,886,720 total employees, and our
most recent numbers show that the number of veterans rose to 512,671
out of 1,986,005 total employees in FY 2009.
Not only is hiring veterans the right thing to do, it also makes
good business sense. The Government invests significant resources in
the training and development of military service personnel. Acting
aggressively to retain transitioning military service personnel within
the Federal Government helps maximize our return on this investment. As
noted in the Executive Order, veterans possess a wide variety of skills
and experiences, as well as a dedication to public service, that can be
of enormous benefit to the Government as an employer. The Government
has a number of skills gaps these individuals can fill immediately,
thereby reducing overall training costs and accelerating productivity.
Use of Hiring Authorities
In FY 2009, the Veterans Employment Opportunities Act (VEOA)
accounted for the largest number of veterans hired in the Federal
Government (20,214), followed by the Veterans Recruitment Act (6,659),
and the 30 percent or more disabled veterans (1,729) hired through
various authorities. Under the Executive Order, OPM is aggressively
pursuing a program aimed at educating hiring managers on the strategic
use of the various hiring authorities that can be used for veterans.
OPM is also working with VA to educate agencies on the strategic hiring
of veterans who have participated in a VA Vocational Rehabilitation and
Employment program under 38 U.S.C. Chapter 31.
Federal Career Intern Program
The Federal Career Intern Program (FCIP) was established by
Executive Oder in 2000 to help agencies recruit exceptional individuals
and to prepare them for careers in analyzing and implementing public
programs. FCIP is a training and development program, generally of 2
years' duration, that agencies utilize to groom subject matter experts
in a variety of jobs. Agencies are required to develop 2-year formal
training and job assignment programs for each career intern. Upon
successful completion of the 2-year internship, agencies have the
option of bringing the interns into their permanent workforce.
Since the program's inception in 2000, agencies have steadily
increased their hiring through the FCIP. This trend may be partly
attributable to agency succession planning efforts to address the
retirement wave that was anticipated at that time.
It is important to note that veterans' preference applies to the
selection of career interns under the FCIP. Veterans' preference has
long been a cornerstone of the civil service. Accordingly, when OPM
issued guidance implementing the FCIP, agencies were made aware of the
applicability of this important entitlement when hiring under this
program. Since this program was created, OPM has not been aware of any
systemic abuses or violations with respect to the application of
veterans' preference to the FCIP. Practices concerning how an agency
pursues a request to ``pass over'' a preference eligible with a
compensable, service-connected disability of 30 percent or more were
recently modified, through OPM guidance, to ensure full compliance with
controlling case law.
The table below shows the number of FCIP hires in each of the last
9 fiscal years; including how many of these were preference eligibles.
----------------------------------------------------------------------------------------------------------------
Fiscal Year
-----------------------------------------------------------------------------------------------------------------
01 02 03 04 05 06 07 08 09
----------------------------------------------------------------------------------------------------------------
Total FCIP Hires 411 2871 5674 6676 10297 11929 16706 24431 26709
----------------------------------------------------------------------------------------------------------------
# Pref eligibles 17 167 379 507 757 1266 2336 3114 2902
----------------------------------------------------------------------------------------------------------------
% Pref eligibles 4.1 5.8 6.6 7.5 7.3 10.6 13.9 12.7 10.8
----------------------------------------------------------------------------------------------------------------
Our data shows that the percentage of FCIP hires that were
preference eligibles has increased significantly since 2001, the first
full year for which we have data. However, it is still well below the
percentage of the overall Federal workforce represented by veterans.
OPM is currently conducting a comprehensive review of the FCIP as part
of an overall hiring reform initiative.
Conclusion
Madam Chairwoman, in addition to preserving and protecting
veterans' preference, OPM is aggressively dismantling any barriers that
limit the entry or success of veterans or transitioning servicemembers
in civil service. We are proud of our efforts to fulfill the
President's vision to increase the number of veterans employed by the
Federal Government.
I would be happy to answer any questions you or other Subcommittee
Members may have.
Prepared Statement of Willie Hensley, Principal Deputy
Assistant Secretary, Human Resources and Administration,
U.S. Department of Veterans Affairs
Madam Chairwoman and Members of the Subcommittee--good afternoon.
Thank you for your invitation to appear before you today to offer
testimony on the status of Veteran Employment efforts within the
Department of Veterans Affairs' (VA).
Every day at VA we serve Veterans who have sacrificed to defend and
support this country. The Department fully supports the laws that place
Veterans, and particularly disabled Veterans, in a favorable
competitive position for Government employment. We believe that
affording Veterans a statutory preference in employment is not merely
the obligation of a grateful Nation; it is good government and good
business. It gives us an advantage in recruiting and retaining
employees from a pool of the Nation's most highly motivated,
disciplined, and experienced candidates.
As of March 31, 2010, over 90,000, or just under 30 percent of VA's
301,891 employees are Veterans. Over 74,000 of these employed Veterans
are preference eligible, and 26,366 are disabled. VA ranks first among
non-Defense agencies in the number of Veterans hired.
VA's success in attracting and hiring Veterans is due in great part
to the work of our staff offices and administrations and, especially,
the Veterans Employment Coordination Service (VECS). This program,
created in 2007, has successfully built on lessons learned from
previous efforts dating back to 2001 when VA established its first
National Veterans Employment program. VECS operates from within the
Office of Human Resources Management and leads the Department's efforts
to attract, recruit, and hire Veterans nationwide, particularly
severely injured Veterans from Operation Enduring Freedom and Operation
Iraqi Freedom (OEF/OIF). VECS staffs Regional Veterans Employment
Centers located in Seattle, WA, San Diego, CA, Denver, CO, San Antonio,
TX, Augusta, GA, Louisville, KY, Fayetteville, NC, New York, NY and
Washington, DC. This team of 9 Regional Veteran Employment Coordinators
(VECs) works closely with over 200 local collateral duty VECs situated
at VA facilities across the country to assist Veterans seeking
employment with VA. These dedicated regional and local coordinators
also serve as advocates for Veterans--coordinating with VA's human
resource professionals--working to raise awareness of Veteran specific
appointment authorities and reinforcing with hiring managers the VA's
commitment to increase Veteran employment throughout the Department.
We also are proud of the leadership role VA has played and
continues to play--along with our partners at the Departments of Labor
and Defense, the Office of Personnel Management (OPM), and other key
agencies--in the creation and work of the Interagency Council on
Veterans Employment. The Council was established by the President's
Executive Order on Employment of Veterans in the Federal Government.
Through VA's participation on the Council, we have shared our success
with the VECS program as a best practice.
OPM references VECS as a model for establishing Veterans'
employment offices within other Federal departments. As a result of the
recent Executive Order, OPM routinely refers agencies to us as they
establish their Veteran Employment program offices. To date, we have
shared our experiences with several other agencies, such as the
Departments of State and of Commerce, as well as the National
Aeronautics and Space Administration, and the Environmental Protection
Agency.
VA regularly uses special appointment authorities, e.g., Veterans
Recruitment Appointment, Veterans Employment Opportunities Act
appointment, and 30 percent compensable disabled Veteran appointment,
to hire Veterans. VA aggressively hires Veterans using other
appointment authorities as well. During fiscal year (FY) 2009, VA hired
11,588 preference eligible Veterans and another 1,009 non-preference
eligible Veterans.
The success of VA outreach and recruiting strategy has enabled us
to maintain the high percentage of Veterans in our workforce--
approximately 30 percent for the last year--even as high numbers of
Vietnam Era Veterans are increasingly eligible to retire from the
Department.
While we are hiring Veterans in sufficient numbers to replace those
retiring, we are employing new strategies to market VA jobs to Veterans
and Servicemembers so that Veteran applicants have a better sense of
VA's organization and operations and can more effectively match their
skill set to potential employment opportunities. Finally, we have
placed a renewed emphasis on training and career counseling. Our
approach has been to ``mine'' lessons learned from the successful
initiatives implemented in each of our administrations, examine
statistics within each region to assess where to focus our training and
awareness efforts, and instill a recommitment from the top on down to
hire and retain Veterans. In addition, we are looking at ways to
improve how we reintegrate employees who return to VA jobs after
deployment.
Employment Outreach Efforts
It is estimated that on any given night there are over 107,000
Veterans who are homeless and many more who are at risk of
homelessness; some of these are Veterans returning to civilian life
after service in OEF/OIF or other areas of the world. Employment
outreach is part of Secretary Shinseki's commitment to end the cycle of
homelessness among Veterans.
As mentioned earlier, there are a number of hiring authorities
available to promote employment of Veterans. However, many who are
homeless do not meet the requirements for employment as disabled
Veterans or preference eligibles. Consequently, they are not able to
take full advantage of some Veteran focused employment efforts.
Further, the fact that a Veteran is homeless generally means that he or
she cannot:
Present himself or herself to prospective employers in a
credible fashion;
Commute to interviews or worksites;
Access computers, State employment services offices,
libraries, etc., to find employment opportunities; or,
Dedicate time to anything other than to the basic effort
to survive.
To address this need, VA will work with its partners on the
Interagency Council on Veterans Employment to leverage existing
authorities and identify new strategies that will enable Federal
agencies to hire homeless Veterans for Federal civilian positions for
which they are qualified.
Employing a homeless Veteran does not result in any additional
costs to the Federal Government. However, as homeless Veterans return
to the workforce, we would expect this change to generate significant
savings not only to the Federal Government but also to the State and
local governments.
Staff from VA's National Cemetery Administration (NCA) attend,
speak, and exhibit at more than 40 major outreach events and hundreds
of smaller, local, outreach opportunities around the country every
year. NCA uses these opportunities to recruit Veterans for employment
at VA. NCA has also benefitted from the services provided by VECS,
which consistently refers quality candidates to fill NCA positions.
VECS offers top-quality, motivated candidates, which saves hiring
managers time in filling positions, and provides an ``express lane'' to
Veteran employment with NCA. NCA has had great success with this
program. Through referrals from VECS, NCA has hired 116 OEF/OIF
Veterans to its workforce since the beginning of 2009.
Retention of employees is also a priority within NCA. In order to
improve core competencies and explore new areas for the growth and
development among its Veteran employees, NCA developed the NCA
Leadership Institute, the Cemetery Director Intern Training Program,
and other specialized in-person training opportunities located at the
NCA National Training Center in St. Louis, Missouri.
The Veterans Health Administration (VHA) is currently piloting a
National Recruitment Initiative (NRI) to supplement the general
recruiting practices conducted at individual VA medical centers
nationwide. As part of this initiative, VHA has broadened its efforts
to reach out to clinicians with prior military experience. The pilot
program is staffed by 8 retired military health care recruiters who are
involved in an array of activities that range from participating in
briefings for military residents to identifying military practitioners
through the Federal Practitioners Directory. NRI staff also attend
local Transition Assistance Program briefings and partner with a
variety of organizations that associate with health care professionals
who have prior military service. Each year, VHA sends representatives
to the Association of Military Surgeons of the United States' annual
conference where they market employment opportunities in VHA. VHA also
has created a recruitment brochure specifically marketed to Veterans.
The brochure is distributed to military offices across the country and
is available online.
Vocational Rehabilitation and Education (VR&E) Service Provides Support
to Veterans Pursuing Education Benefits
Chapter 36 Educational and Vocational Counseling Services can be
provided to transitioning Servicemembers within 6 months of discharge
from active duty or within 1 year following discharge from active duty.
Eligibility for this service is based on having eligibility for one of
the other educational benefits programs under title 38, United States
Code. Counseling services provided under Chapter 36 are designed to
help the Servicemember or Veteran choose a vocational direction and
determine the course needed to achieve the chosen goal. This service
also can facilitate a seamless transition from active duty military to
Veteran status. Specifically, by completing interest and aptitude
testing, initiating occupational exploration, and setting occupational
goals under Chapter 36, the Veteran will be well positioned to begin a
training and rehabilitative program under Chapter 31 of title 38.
VR&E Employment Coordinators work directly with their local
regional office managers in each business line to stay informed of job
vacancies and refer qualified Veterans for direct hires when
appropriate. They also coordinate with VECS employment coordinators
across the Nation. In FY 2009, VA Central Office hired 700 Veteran
graduates of the VR&E program--4 in NCA, 302 in VHA, and 394 in VBA.
The VA's VetSuccess on Campus pilot program was created to ease the
transition of Servicemembers to Veteran status and ensure the
coordinated delivery of benefits and services to Veteran-students. The
program provides outreach and transition services to the general
Veteran population during their transition from military to college
life. The mission of the VetSuccess on Campus Veteran Recruitment
Center (VRC) is to liaison with VA certifying officials, perform
outreach, and communicate with Veteran-students to ensure their health,
educational, and benefit needs are met, enabling them to stay in
college to completion of their degrees. The VRC provides vocational
testing, career and academic counseling, and adjustment counseling to
resolve problems interfering with completion of education programs and
entrance into employment. The VRC also assists Veterans with
information about other VA benefits. The Vet Center Outreach
Coordinator provides peer-to-peer counseling and referral services as
needed. Currently, the pilot program has been expanded from the
University of South Florida to two additional sites, Cleveland State
University, and San Diego State University.
Every day at VA, we see firsthand the sacrifice that our Veterans
have made for our Nation. It is our responsibility and privilege to
support their return to meaningful employment. Through continued hard
work and dedication, we are committed to continuing our successful
focus on Veteran hiring in VA. The attached appendix provides
additional specifics about the status of Veterans employment in VA.
Madam Chairwoman, thank you again for the opportunity to testify
today. I am prepared to respond to any questions Members may have.
Appendix--Veteran Employment in the Department of Veterans Affairs
This data was extracted from the Department of Veterans Affairs
(VA) personnel-payroll system as of February 28, 2010
How many Veterans and/or disabled Veterans applied for jobs at VA?
While VA currently does not have a Department-wide automated system
that captures data on applicants for all VA positions, we can provide a
count of applications VA processed in 2007 under its delegated
authority to announce title 5 competitive positions to the general
public. The 177,555 applications received under these delegated
examining announcements resulted in 3,706 selections, of which 1,056 or
28.5 percent of the selectees are preference eligibles.
Over the next 2 years, VA is aggressively expanding its use of the
automated USA Staffing system, which will enable us to capture more
fully data on Veterans' preference and other applicants.
What authorities are used most often by VA to hire Veterans?
The following are the authorities most often used:
VETERANS EMPLOYMENT OPPORTUNITY ACT (VEOA)
DELEGATING EXAMINING UNIT (DEU)
TITLE 38 USC
VETERANS RECRUITMENT APPOINTMENT (VRA)
How many vets were hired through each of the various hiring authorities
at VA? (See last page)
In the first 6 months of FY 2010, VA hired 16,179 employees, of
whom 5,184 or 32.0 percent are Veterans. Two thousand and seventy-four
(2,074) of these Veterans have earned 10-point disability preference
for Federal jobs, including 1,341 who have 30 percent or higher
service-connected disabilities, and another 547 who have disability
ratings below 30 percent but high enough to warrant VA compensation. VA
also appointed 59 others entitled to 10-point Veterans' preference
based on derived preference as the wife or mother of a permanently,
totally disabled Veteran, or widow or widower of a servicemember who
died in a war or campaign-badge military action.
The Veterans Employment Opportunities Act (VEOA) authority for
appointing honorably discharged Veterans with 3 years military service
and Veterans and others entitled to Veterans' preference accounts for
2,115, or 8.8 percent, of the total hires from 2007 to date.
Another 769 Veterans, or 3.2 percent of the total hires, were hired
under the excepted Veterans Recruitment Appointment (VRA) authority.
VA also appointed 37 disabled Veterans under the non-competitive
hiring authority for disabled Veterans with 30 percent or higher
service-connected disabilities.
What percentage of your employees are Veterans and or disabled vets?
Non-preference Veterans 215,836 = 5.2 percent
5-point Veterans' preference (vp) eligible 48,003 = 15.9 percent
Veterans
10-point vp disabled Veterans 2,293 = 0.8 percent
10-point vp compensably disabled Veterans 7,668 = 2.5 percent
10-point vp 30% compensably disabled 16,329 = 5.4 percent
Veterans
Total for combined 5 categories above 90,129 = 29.8 percent
(VA Total Population 301,891)
In what area of work are most Veterans employed at VA?
Over half of VA's Veteran employees (53%) are in the following 10
occupations which are located within VHA and VBA:
Housekeeping Aides
Nurses
Veteran Service Reps
Food Service Workers
Medical Support Specialists
Program Support Specialists/Assistants
Police Officers
Social Workers
Patient Services Assistants
IT Specialists
What percentage of your employees in GS 9 and above are Veterans?
VA has 85,596 employees at GS-9 and above, including 24,579
Veterans or 28.7 percent. We note that many higher-level positions in
VA require advanced degrees and professional certifications or
registrations. Since VA does not have a comprehensive applicant count,
the number of Veterans who have applied for such professional positions
is unknown. We can state that VA employs 84,316 physicians, dentists,
chiropractors, nurse anesthetists, registered nurses, podiatrists,
optometrists, physician assistants, and expanded function dental
auxiliaries, and 11,229 or 13.3 percent of them are Veterans.
MATERIAL SUBMITTED FOR THE RECORD
U.S. Department of Labor
Bureau of Labor Statistics
Washington, DC.
May 3, 2010
Honorable Stephanie Herseth Sandlin
Chairwoman, Subcommittee on Economic Opportunity
House Committee on Veterans' Affairs
House of Representatives
335 Cannon House Office Building
Washington, DC 20515
Honorable John Boozman
Ranking Republican Member, Subcommittee on Economic Opportunity
House Committee on Veterans' Affairs
House of Representatives
335 Cannon House Office Building
Washington, DC 20515
Dear Chairwoman Sandlin and Ranking Member Boozman,
On April 15th I testified at a hearing you held in the Veterans
Affairs Subcommittee on Economic Opportunity regarding the status of
veterans employment. During my testimony, there were two questions--one
asked by Congressman Bilirakis and one asked by Congressman Teague--
that I was unable to respond to because they related to information
that isn't tracked or gathered by BLS. After the hearing, I instructed
my staff to direct these questions to the appropriate agency so I could
provide the requested information, which follows below:
Congressman Bilirakis asked if veterans separating from military
service automatically qualify for unemployment benefits in all 50
States.
The Department of Labor's Employment and Training Administration
(ETA) administers the Federal Government's role in the unemployment
compensation program and is the appropriate agency to respond to this
inquiry. After reviewing Congressman Bilirakis' question, ETA staff
provided the following response:
Individuals leaving military service do not ``automatically''
qualify for Unemployment Compensation for Ex-Servicemembers
(UCX). An ex-servicemember must have been honorably separated
from the military and must have completed his or her full term
of service to qualify for UCX. In general, individuals must
have served on active duty. For National Guard members and
reservists, active duty must be 90 continuous days or more.
Except where inconsistent with Federal law, UCX benefits are
paid under the same conditions that apply to individuals
covered under the unemployment compensation law of the State
where the UCX claim is filed. This means individuals must be
able to work and available for work, and in most States
actively seeking work.
Congressman Teague asked whether better information about the
employment characteristics of returning female servicemembers could be
made available by analyzing data gathered by the national unemployment
insurance system.
ETA, because it administers the Federal Government's role in the
unemployment compensation program, is the appropriate agency to answer
this question as well. After reviewing Congressman Teague's question,
ETA staff responded: ``The Employment and Training Administration does
not collect gender or other demographic data for purposes of the
Unemployment Compensation for Ex-Servicemembers (UCX) program.''
We hope this information is helpful to you and your members. Please
let me know if there is other information that BLS can provide.
Sincerely,
Philip L. Rones
Deputy Commissioner
Congressional Research Service
Library of Congress
CRS Report for Congress, #RS22440
Unemployment Compensation (Insurance) and Military Service
By Julie M. Whittaker, Specialist in Income Security,
Congressional Research Service
April 22, 2010
Summary
The Unemployment Compensation (UC) program contains several
provisions relevant to current and former military service personnel
and their families. The UC program does not provide benefits for
military servicemembers on active duty. However, former active duty
military personnel (and certain reservists) separated from active duty
may be eligible for Unemployment Compensation for Ex-Servicemembers
(UCX).
Spouses of military service personnel who voluntarily quit a job to
accompany their spouses on account of a military transfer may be
eligible for UC benefits, based on the laws of the State where the
civilian spouse was employed.
Military service of business owners, employees, and employees'
spouses may impact the State unemployment tax rate that certain
employers face. States may choose to create provisions that remove or
limit these tax increases in certain situations.
Individuals should contact their State's unemployment agency to
obtain information on how to apply for and receive unemployment
benefits based upon military service. The U.S. Department of Labor
maintains a Web site with links to each State's agency at http://
www.workforcesecurity.doleta.gov/map.asp.
This report will be updated as events warrant.
Contents
Unemployment Compensation Benefit Eligibility for Former Military
Personnel
UCX Eligibility and Benefit Level
Self-Employed and Sole Proprietor Ex-Servicemembers
UCX Financing
Civilian Spouses Who Quit Employment Because of Military Spouse
Transfers
Transferred Spouse Exception (Unconditional on Military
Service).
Military Spouse Exception
Impact of Military Service on Employers' State Unemployment Taxes
Tables
Table 1. Unemployment Compensation Benefit Eligibility for Workers
Who Voluntarily Quit Because of a Spousal Transfer
Contacts
Author Contact Information
Unemployment Compensation Benefit Eligibility for Former Military
Personnel
Unemployment Compensation for Ex-Servicemembers (UCX)\1\ provides
income support while former active duty military personnel or
reservists\2\ released from active duty search for work. The Emergency
Unemployment Compensation Act of 1991 (P.L. 102-164) provides that ex-
servicemembers be treated the same as other unemployed workers with
respect to benefit levels, the waiting period for benefits, and benefit
duration.\3\
---------------------------------------------------------------------------
\1\ Established by the Ex-servicemen's Unemployment Act of 1958
(P.L. 85-848, 5 U.S.C. Sec. Sec. 8521-8525) in 1958.
\2\ In this report, the terms reserves or reservists include the
Army and Air National Guard and their servicemembers.
\3\ Previously, in 1982, Congress had placed restrictions on
benefits for ex-servicemembers (P.L. 97-362). In addition to a number
of restrictive eligibility requirements, ex-servicemembers were
required to wait 4 weeks from the date of their separation from the
service before they could receive benefits. The maximum number of weeks
of benefits an ex-servicemember could receive based on employment in
the military was 13 (as compared with 26 weeks under the regular UC
program for civilian workers).
---------------------------------------------------------------------------
Once entitlement to regular unemployment benefits are exhausted,
ex-servicemembers may qualify for both Emergency Unemployment
Compensation (EUC08) and the Extended Benefit (EB) payments.\4\ All
benefits (UCX, EUC08, and EB) are temporarily augmented by the weekly
$25 Federal Additional Compensation (FAC) payment.
---------------------------------------------------------------------------
\4\ For information on the EUC08 benefit, see CRS Report RS22915,
Temporary Extension of Unemployment Benefits: Emergency Unemployment
Compensation (EUC08), by Katelin P. Isaacs, Julie M. Whittaker, and
Alison M. Shelton. For information on the Extended Benefit program, see
CRS Report RL33362, Unemployment Insurance: Available Unemployment
Benefits and Legislative Activity, by Julie M. Whittaker, Alison M.
Shelton, and Katelin P. Isaacs.
---------------------------------------------------------------------------
The Federal Government funds these benefits through the transfers
from the appropriate military services' budgets\5\ to the Unemployment
Trust Fund \6\ (UTF) to reimburse the appropriate states for the UCX
benefits distributed to unemployed ex-servicemembers. For the 12 month
period ending March 2010, approximately $1,185 million in unemployment
benefits (UCX, EUC08, EB, and the $25 FAC) were distributed to former
military personnel.
---------------------------------------------------------------------------
\5\ For example, if a former naval officer claimed UCX benefits,
the Navy would transfer funds into the UTF to pay for those benefits.
\6\ For details on the Unemployment Trust Fund, see CRS Report
RS22077, Unemployment Compensation (UC) and the Unemployment Trust Fund
(UTF): Funding UC Benefits, by Julie M. Whittaker and Kathleen Romig.
---------------------------------------------------------------------------
Military personnel on active duty do not qualify for regular State
Unemployment Compensation (UC) or UCX benefits because they are
considered to be working.
UCX Eligibility and Benefit Level
Ex-servicemembers generally apply for UCX benefits in the State
where they are searching for employment. UC eligibility criteria and
benefits vary by State. The ex-servicemembers must meet the same
criteria that civilian workers are required to meet for their UC
benefit eligibility. Thus, two ex-servicemembers with the same earnings
and work history may qualify for different amounts of benefits if they
file for UCX in different States. The equivalent military measurement
of wages and time in service are used to determine eligibility and
benefit levels.\7\
---------------------------------------------------------------------------
\7\ The State in which the former servicemember files for a claim
determines the UCX benefit level and duration. The weekly and maximum
amounts of UCX payable to an individual under the UCX program are
determined under the applicable State laws. The UCX benefit is required
to be the same amount, on the same terms, and subject to the same
conditions as the State UC that would be payable to the individual
under the applicable State law. The individual's Federal military
service and Federal military wages are assigned or transferred as
employment and wages covered by that State law, subject to the use of
the applicable Schedule of Remuneration. That is, for claims purposes,
military wages are determined by the pay grade at separation from
military service. A wage table is provided by the Federal Government to
calculate the equivalent civilian wages for each military pay grade.
---------------------------------------------------------------------------
If the ex-servicemember was originally in the active duty military,
he or she must have left military service under honorable conditions
and either completed a full term of service or have been released early
under a qualifying reason. If the ex-servicemember was a reservist
formerly on active duty, he or she must have been on active duty for at
least 90 continuous days. UCX benefits are not payable during periods
in which the ex-servicemember is eligible to receive certain allowances
or educational assistance allowances from the Survivors' and
Dependents' Educational Assistance Program or the Department of
Veterans' Affairs Vocational Rehabilitation and Education Program.
Participation in the Montgomery GI bill does not preclude receipt of
UCX benefits; however, having student status does limit UC benefit
eligibility in most States and these limitations would extend to those
workers receiving UCX benefits. Many States exclude workers while they
attend school and some States include vacation periods in that
exclusion.
Self-Employed and Sole Proprietor Ex-Servicemembers
When an ex-servicemember was previously self-employed or was a
sole-proprietor, the worker would have been excluded from receiving UC
benefits. After active duty, if the ex-servicemember is unemployed, the
ex-servicemember would qualify for UCX benefits based on military
service. However, most States require that the worker be searching for
employment and would not cover a worker who was reestablishing self-
employment or a small business.\8\
---------------------------------------------------------------------------
\8\ An exception to this are those States that offer a Self-
Employment Assistance (SEA) program. Eight States have active SEA
programs: Delaware, Maine, Maryland, New Jersey, New York, Oregon,
Pennsylvania, and Washington. Individuals enrolled in an SEA program
receive weekly allowances. These allowances are the same as the
individual's regular unemployment weekly benefit amount. Participants
engaged full-time in activities relating to the establishment of a
business and becoming self-employed are considered to be unemployed.
Provisions of State law relating to availability for work, search for
work, and refusal to accept work do not apply to these participants.
---------------------------------------------------------------------------
UCX Financing
The UCX benefit is funded by the Federal Government through its
Federal account in the Unemployment Trust Fund (UTF). \9\ Each State is
reimbursed by the Federal Government for each unemployed worker whose
base period wages included Federal military wages.
---------------------------------------------------------------------------
\9\ See CRS Report RS22077, Unemployment Compensation (UC) and the
Unemployment Trust Fund (UTF): Funding UC Benefits, by Julie M.
Whittaker and Kathleen Romig, for an explanation of how funds are
transferred.
---------------------------------------------------------------------------
Civilian Spouses Who Quit Employment Because of Military Spouse
Transfers
Civilian spouses who quit their employment because their military
spouse was transferred may not qualify for UC benefits. Many State UC
programs do not award UC benefits to workers who quit their jobs
because a spouse was transferred, deeming this as a ``voluntary quit.''
The laws of three States (Maryland, Ohio, and Texas) go further and
include a specific disqualification for claimants who quit work to
relocate with a spouse until certain additional income is generated.
However, Maryland and Texas both exempt military spouses from this
disqualification.
The disqualification following a ``voluntary quit'' continues until
the claimant returns to work, completes a specified duration of work,
and earns wages of a specified amount. In other States, the
disqualification is time-limited. These States penalize the worker for
quitting, but recognize that economic conditions may be such that even
a person who diligently seeks work may find none. The reasoning is that
beyond a certain point, if a diligent job seeker is still unemployed,
such continuing unemployment is attributable to labor market conditions
rather than their decision to quit. Thus, spouses relocating to areas
of high unemployment or limited opportunities may become eligible for
benefits even if initially disqualified.
Transferred Spouse Exception (Unconditional on Military Service)
Twenty-three States allow workers who quit because of their
spouse's job transfer to receive UC benefits. Table 1 lists these
states, designating them in the column labeled ``Spouse Transfer'' with
a ``Y.''
Military Spouse Exception
In addition to the 23 States allowing UC benefits if a worker quits
to accompany a spouse who has been transferred, 15 States have special
exceptions for workers who quit to join their transferred military
spouse. These exceptions are labeled as ``Military only'' or ``Federal
spouse'' in Table 1. Thus, a total of 38 States allow the civilian
spouse of a transferred military servicemember to receive UC benefits.
Table 1. Unemployment Compensation Benefit Eligibility for Workers Who
Voluntarily Quit Because of a Spousal Transfer
------------------------------------------------------------------------
Spouse Spouse
State Transfer State Transfer
------------------------------------------------------------------------
Alabama ............ Montana Military
only
------------------------------------------------------------------------
Alaska Y Nebraska Y
------------------------------------------------------------------------
Arizona Y Nevada Y
------------------------------------------------------------------------
Arkansas Y New Y
Hampshire
------------------------------------------------------------------------
California Y New Jersey Military
only
------------------------------------------------------------------------
Colorado Y New Mexico Military
only
------------------------------------------------------------------------
Connecticut Y New York Y
------------------------------------------------------------------------
Delaware Y North Y
Carolina
------------------------------------------------------------------------
District of Columbia Military North ............
only Dakota
------------------------------------------------------------------------
Florida Military Ohio ............
only
------------------------------------------------------------------------
Georgia Military Oklahoma Y
only
------------------------------------------------------------------------
Hawaii Y Oregon Y
------------------------------------------------------------------------
Idaho ............ Pennsylvan Y
ia
------------------------------------------------------------------------
Illinois Y Rhode ............
Island
------------------------------------------------------------------------
Indiana Y South Military
Carolina only
------------------------------------------------------------------------
Iowa ............ South ............
Dakota
------------------------------------------------------------------------
Kansas Y Tennessee ............
------------------------------------------------------------------------
Kentucky Military Texas Military
only only
------------------------------------------------------------------------
Louisiana ............ Utah ............
------------------------------------------------------------------------
Maine Y Vermont ............
------------------------------------------------------------------------
Maryland Military Virginia Military
only only
------------------------------------------------------------------------
Massachusetts Y Washington Y
------------------------------------------------------------------------
Michigan Military West ............
only Virginia
------------------------------------------------------------------------
Minnesota Y Wisconsin ............
------------------------------------------------------------------------
Mississippi Military Wyoming Military
only only
------------------------------------------------------------------------
Missouri Federal .......... ............
spouse only
------------------------------------------------------------------------
Source: CRS compilation from Comparison of State Unemployment
Insurance Laws, 2010 (and errata), and interim updates, U.S.
Department of Labor, Employment and Training Administration, Office of
Workforce Security. Additional requirements may be imposed to qualify
for these exceptions.
Impact of Military Service on Employers' State Unemployment Taxes
State unemployment taxes are levied on employers based on a
combination of established rates and the employer's past history of its
workers using the UC system. Generally, employers with a greater
history of unemployed workers would have a worse experience rating and
would pay higher State unemployment taxes. Military service of business
owners or employees may impact the tax rate that certain employers
face. Furthermore, if workers who quit to join a transferred military
spouse receive UC benefits, this may impact the overall State
unemployment tax burden of most, if not all, of the State's employers.
Below are some examples of these situations.
A business owner, if called up for active military
service, may need to lay off some or all of the business's workers.
Once the business owner returns from military service, the revival of
the business may mean that the small business may face a new, higher
State unemployment tax rate.
If the servicemember serves for less than 2 years, some
of the worker's UCX benefit may be based on nonmilitary work. (These
workers receive a hybrid UC/UCX benefit.) In some States, their former
(civilian) employers may face a State unemployment tax increase as a
result.
Workers who quit their jobs and move to accompany their
military spouse may receive UC benefits in 38 States. These states do
not charge UC benefits to employer accounts when workers voluntarily
quit their jobs to accompany a transferred military spouse. The
benefits paid to a worker accompanying a military spouse generally
would not increase the State unemployment taxes of the worker's former
employer. However, these benefits are still charged to the State's
account within the UTF. As a result, the cost of the benefits are
passed on to the State's employers as a socialized cost and may
increase the overall State unemployment tax rate.
States may choose to create provisions that remove or limit these
tax increases in certain situations. For example:
In Illinois, business owners who are called to active
duty from the reserve and had to close their firms are not charged for
the increases attributable to UC benefits for the workers who lose
their jobs on account of the closure. When the business owner returns
and reopens his or her business, the business's State unemployment tax
rate is not increased.
In Texas, if an employee was called to active military
service but then qualifies for UC benefits, the employer does not face
a higher State unemployment tax rate.
Maine, South Dakota, Montana, Virginia, Washington, and
Wyoming provide for the non-charging of benefits for unemployment
directly resulting from reinstatement of another employee upon his or
her completion of uniformed service duty.
Author Contact Information
Julie M. Whittaker
Specialist in Income Security
[email protected], 202-707-2587
Committee on Veterans' Affairs
Subcommittee on Economic Opportunity
Washington, DC.
April 20, 2010
Ms. Christine A. Scott
Specialist in Social Policy, Income Security Section,
Domestic Social Policy Division,
Congressional Research Service
1101 Independence Avenue SE, stop #7440
Washington, DC 20540-7440
Dear Ms. Scott:
I would like to request your response to the enclosed questions for
the record and deliverable I am submitting in reference to our House
Committee on Veterans' Affairs Subcommittee on Economic Opportunity
hearing on the Status of Veterans Employment on April 15, 2010. Please
answer the enclosed hearing questions by no later than Tuesday, May 18,
2010.
In an effort to reduce printing costs, the Committee on Veterans'
Affairs, in cooperation with the Joint Committee on Printing, is
implementing some formatting changes for material for all full
Committee and Subcommittee hearings. Therefore, it would be appreciated
if you could provide your answers consecutively on letter size paper,
single-spaced. In addition, please restate the question in its entirety
before the answer.
Due to the delay in receiving mail, please provide your response to
Ms. Orfa Torres by fax at (202) 225-2034. If you have any questions,
please call (202) 226-5491.
Sincerely,
Stephanie Herseth Sandlin
Chairwoman
JL/ot
__________
Congressional Research Service
Memorandum
May 11, 2010
To: Honorable Stephanie Herseth Sandlin
Attention: Orfa Torres
From: Christine Scott, Specialist in Social
Policy, ext 7-7366
Subject:
Questions for the Record and
Deliverables Related to the Hearing
on the Status of Veterans Employment
This memorandum is in response to your request of April 20, 2010
for a submission answering two questions for the record, and providing
two deliverables, related to the April 15, 2010 hearing of the
Committee on Veterans Affairs, Subcommittee on Economic Opportunity on
the status of veterans employment.
Questions for the Record:
1. Under the hiring authority Veterans Recruitment Appointment,
are veterans most often under the competitive or non-competitive
appointment?
The Office of Personnel Management (OPM) has stated that all of the
6,360 appointments in FY 2009 using the Veterans Recruitment
Appointment (VRA) were permanent appointments in the excepted
service.\1\
---------------------------------------------------------------------------
\1\ Email communication between the Office of Personnel Management
and the Congressional Research Service on April 27, 2010.
---------------------------------------------------------------------------
Federal jobs fall into three categories: (1) competitive service;
(2) excepted service; and (3) Senior Executive Service. Competitive
service jobs are under OPM's jurisdiction and subject to the civil
service laws passed by Congress to ensure that applicants and employees
receive fair and equal treatment in the hiring process. Excepted
service positions are excepted by law, executive order, or by OPM
action placing a position or group of positions in excepted service
(Schedules A, B, or C). For example, agencies such as the U.S. Postal
Service and the Central Intelligence Agency are excepted by law. In
other cases, certain jobs or classes of jobs in an agency are excepted
by OPM. This includes positions such as attorneys, chaplains, student
trainees, and others. The Senior Executive Service (SES) was
established by Title IV of the Civil Service Reform Act (CSRA) of 1978.
The SES was set up completely separate from the competitive and
excepted services. The SES joins top management positions in a unified
and distinct personnel system that provides for agency authority and
flexibility. SES positions are classified above GS-15 or equivalent.
2. You discuss a new Department of Labor pilot program known as
America's Heroes at Work. Do you have any preliminary information on
the program?
The Employment Pilot was undertaken to determine which strategies
may work best in assisting veterans with post-traumatic stress disorder
(PTSD) and traumatic brain injury (TBI) in finding and retaining
employment. At the end of the pilot program, the America's Heroes at
Work program began implementing some of their recommendations such as
providing fact sheets to employers and veterans with PTSD and TBI. The
fact sheets providing information on issues such as dealing with PTSD
and TBI in the workplace, and other information for employers and
veterans related to employment can be found on the Web site for
America's Heroes at Work http://www.americasheroesatwork.gov/. Attached
is the final report for the One-year Employment Pilot. [The attached
report, ``Employment Pilot Year One Final Report,'' by America's Heroes
at Work, dated September 25, 2009, is being retained in the Committee
files.]
Deliverables (Also Appearing in Hearing Transcript)
1. Provide the Subcommittee with the distribution of employment
(private versus public) for disabled veterans.
----------------------------------------------------------------------------------------------------------------
Percentage of Employed Veterans (with a Service-Connected
Employer Disability)
----------------------------------------------------------------------------------------------------------------
Private 31.3%
----------------------------------------------------------------------------------------------------------------
Public 62.3%
----------------------------------------------------------------------------------------------------------------
Self-Employed 6.4%
----------------------------------------------------------------------------------------------------------------
Total 100.0%
----------------------------------------------------------------------------------------------------------------
Source: Congressional Research Service analysis of August 2009 Veterans Supplement to the Current
Population Survey (CPS).
2. Do servicemembers transitioning out of the military
automatically qualify for unemployment benefits in all 50 States?
Unemployment Compensation for Ex-Servicemembers (UCX) provides
unemployment benefits while former active duty military personnel or
reservists released from active duty search for work. The Emergency
Unemployment Compensation Act of 1991 (P.L. 102-164) provided that ex-
servicemembers be treated the same as other unemployed workers with
respect to benefit levels, the waiting period for benefits, and benefit
duration. The attached Congressional Research Service report RS22440,
Unemployment Compensation (Insurance) and Military Service by Julie M.
Whittaker discusses servicemembers' eligibility for unemployment
compensation in more detail. [The CRS Report appears on p. 100.]
If you have any questions or require additional information, please
contact me.
Committee on Veterans' Affairs
Subcommittee on Economic Opportunity
Washington, DC.
April 20, 2010
Mr. Mark Walker
Deputy Director, National Economic Commission
The American Legion
1608 K Street, NW
Washington, DC 20006
Dear Mr. Walker:
I would like to request your response to the enclosed questions for
the record and deliverable I am submitting in reference to our House
Committee on Veterans' Affairs Subcommittee on Economic Opportunity
hearing on the Status of Veterans Employment on April 15, 2010. Please
answer the enclosed hearing questions by no later than Tuesday, May 18,
2010.
In an effort to reduce printing costs, the Committee on Veterans'
Affairs, in cooperation with the Joint Committee on Printing, is
implementing some formatting changes for material for all full
Committee and Subcommittee hearings. Therefore, it would be appreciated
if you could provide your answers consecutively on letter size paper,
single-spaced. In addition, please restate the question in its entirety
before the answer.
Due to the delay in receiving mail, please provide your response to
Ms. Orfa Torres by fax at (202) 225-2034. If you have any questions,
please call (202) 226-5491.
Sincerely,
Stephanie Herseth Sandlin
Chairwoman
JL/ot
__________
American Legion
Washington, DC.
May 24, 2010
Honorable Stephanie Herseth Sandlin, Chair
Subcommittee on Economic Opportunity
Committee on Veterans' Affairs
U.S. House of Representatives
335 Cannon House Office Building
Washington, DC 20515
Dear Chair Herseth Sandlin:
Thank you for allowing The American Legion to participate in the
Subcommittee hearing on the Status of Veterans Employment on April 15,
2010. I respectfully submit the following in response to your
additional questions:
1. In your written testimony you state that there is an immense need to
ensure that veterans are getting trained and afforded ample
opportunities to succeed. What kind of training should a combat
arms veteran receive versus a non-combat arms veteran to
succeed in the job market?
In most occasions, both the combat and non-combat veteran would
need additional training after active-duty service to hone their skills
as well as learn new skills to aggressively compete in today's
marketplace. However, the combat veteran would require more specialized
training that readily fits into a professional setting. Technological
skills, soft skills and networking skills are critical ingredients in
succeeding into the civilian workforce. The American Legion's goal is
to see combat and non-combat veterans receive training, retraining, and
support services that lead to long-term and high wage career jobs.
Furthermore, The American Legion supports H.R. 929, introduced by
Representative Welch (VT) that would authorize $60 million for the next
10 years to fund a program modeled after the highly successful
Servicemembers' Occupational Conversion and Training Act (SMOCTA). If
enacted, MOST would be the only Federal job training program available
strictly for veterans and the only Federal job training program
specifically designed and available for use by State veterans'
employment personnel to assist veterans with barriers to employment.
2. Is the Veterans' Employment and Training Service program meeting its
goal of assisting veterans with employment?
The American Legion believes that VETS could provide better
intensive services to veterans who are desperately in need of
meaningful employment. Since P.L. 107-288 passed, VETS has not been
required to monitor or review all of the State Workforce Agencies
Service Delivery Points. As a result, VETS policy changed and oversight
was reduced to only about 1 percent of the centers, not an effective
policy. Consequently, the type and quality of service that veterans
currently receive through VETS is varied State by State, which is why
we seek legislation that will transfer the DVOP and LVER program to
VETS for oversight in order to ensure that the individuals employed to
serve veterans are not used for other programs.
Presently, VETS cannot tell Congress or the veteran community who
are the best and/or worst DVOPs/LVERs in the country, due to lack of
control and oversight of this very important program. Veterans deserve
the best service that VETS can provide, so they can successfully
transition from active-duty into the civilian workforce.
3. You state that the Legion is eager to see the Veterans' Employment
and Training Service program (VETS) grow. How should VETS grow
and what should it be doing?
Over the past 20 years, the level of funds for the grants under
VETS has remained virtually flat lined in consideration of inflationary
influences. This flat line in funding equates to a loss of DVOP/LVER
staff available to serve a growing veteran population. The American
Legion believes VETS needs more funding in order to have the staffing
levels for DVOPs and LVERs match the needs of the veteran's community
in their State. It is critical that veterans have access to DVOPs/
LVERs, so they can receive advice and access to the job market in their
local communities. VETS should be a more proactive agent between the
business and veterans communities to provide greater employment
opportunities for veterans, while providing employers with a labor pool
of quality applicants with marketable and transferable job skills.
In addition, VETS should expand its outreach efforts with creative
initiatives designed to improve employment and training services for
veterans. For example, VETS could host hiring fairs (veterans already
vetted and hired on the spot), internships with Fortune 500 Companies,
and training in high potential industries (i.e., green jobs and health
care). VETS must give a clearer signal to the private sector that
hiring veterans is good for business and the economic health of
America.
4. What role should DoD play in assisting veterans get their civilian
licenses and certificates before they separate from the Armed
Services?
The American Legion strongly believes that DoD needs to take the
lead role in ensuring that servicemembers be trained, tested, evaluated
and issued any licensure or certification that may be required in the
civilian workforce prior to separation. As you know, there are many
occupational career fields in the Armed Forces that easily translate to
a civilian counterpart in the civilian workforce that require a license
or certification. Upon separation, many servicemembers, certified as
proficient in their military occupational career, are not licensed or
certified to perform the comparable job in the civilian workforce, thus
hindering chances for immediate civilian employment and delaying career
advancement.
At the very least, we would like to see DoD and the private sector
create a partnership that once servicemembers leave active-duty, there
would be minimal training to obtain employment in fields that they're
highly qualified to fill.
5. Is DOL doing an adequate job in investigating USERRA complaints?
The American Legion is concerned with the time it takes for a claim
to be resolved. The USERRA claim process can take 6 months to 2 years
to resolve. This time frame puts an undue financial pressure on
veterans and their families looking to regain their employment. The
long wait can also push a veteran not to file his/her USERRA claim and
just go out and find another job, which doesn't bring to light the
current problem of veterans not being reemployed.
Although USERRA defines individual agency roles and
responsibilities, it does not make any single individual or office
accountable for maintaining visibility over the entire complaint
resolution process. In a report addressing USERRA issues by the
Government Accountability Office (GAO) in October 2005, it noted that
the ability of Federal agencies to monitor the efficiency and
effectiveness of the complaint process was hampered by a lack of
visibility resulting, in part, from the separated responsibilities for
addressing complaints from among multiple agencies. The GAO report
recommended that Congress consider designating a single individual or
office to maintain visibility over the entire complaint resolution
process from DoD through DOL, DOJ, and OSC. This would encourage
agencies to focus on overall results than agency-specific outputs and
thereby improve Federal responsiveness to servicemember complaints that
are referred from one agency to another. The American Legion supports
this recommendation by GAO.
6. In your testimony you refer to staffing and funding levels for
Disabled Veterans' Outreach Program Specialists and Local
Veterans' Employment Representatives. What would you consider
``adequate funding'' for DVOPs and LVERs to properly address
the employment needs of our veteran population?
The American Legion recommends $267 million to DOL-VETS State
Administration Grants for FY 2011 (please note that the amount
recommended for State Grants include funds for the Transition
Assistance Program). This increase in funding would allow staffing
levels for DVOPs and LVERs to match the needs of their States, which
ultimately leads to more individualized attention to veterans, along
with more time needed to build community connections (i.e., private
sector, NGOs, Faith-based organizations) in order for veterans to have
ample employment opportunities.
Thank you for your continued commitment to America's veterans and
their families.
Sincerely,
Mark Walker
Deputy Director, National Economic Commission
Committee on Veterans' Affairs
Subcommittee on Economic Opportunity
Washington, DC.
April 20, 2010
Mr. Tim Embree
Legislative Associate
Iraq and Afghanistan Veterans of America
308 Massachusetts Ave, NE
Washington, DC 20002
Dear Mr. Embree:
I would like to request your response to the enclosed questions for
the record and deliverable I am submitting in reference to our House
Committee on Veterans' Affairs Subcommittee on Economic Opportunity
hearing on the Status of Veterans Employment on April 15, 2010. Please
answer the enclosed hearing questions by no later than Tuesday, May 18,
2010.
In an effort to reduce printing costs, the Committee on Veterans'
Affairs, in cooperation with the Joint Committee on Printing, is
implementing some formatting changes for material for all full
Committee and Subcommittee hearings. Therefore, it would be appreciated
if you could provide your answers consecutively on letter size paper,
single-spaced. In addition, please restate the question in its entirety
before the answer.
Due to the delay in receiving mail, please provide your response to
Ms. Orfa Torres by fax at (202) 225-2034. If you have any questions,
please call (202) 226-5491.
Sincerely,
Stephanie Herseth Sandlin
Chairwoman
JL/ot
__________
Iraq and Afghanistan Veterans of America
TO:
House Committee on Veterans' Affairs
Subcommittee on Economic Opportunity
RE: Follow-Up questions from IAVA's
testimony on April 15, 2010
PREPARED BY: Tim Embree, Legislative Associate
1. How can we help employers understand the qualification veterans and
servicemembers have to offer?
IAVA has proposed several legislative fixes to help employers
understand the overall business skills that veterans and servicemembers
have to offer. First, there needs to be a nationwide Federal
advertising campaign that outlines the management and general business
skills our servicemembers and veterans bring to the civilian workforce.
Second, the Federal Government should lead by example and promote
the hiring of veterans throughout the Federal Government. The U.S.
Office of Personnel Management has created a Government-wide Veterans
Recruitment and Employment Strategic Plan for FY 2010-FY 2012 but there
must be oversight of the implementation of this plan.
Third, to help ease servicemembers' transition into the civilian
world, we must identify common training courses and skills learned in
military service to those in similar civilian career fields. For
example, combat medics with advanced training and experience in
battlefield medicine are not even qualified to drive an ambulance in
the civilian world. In order to accomplish this, the Department of
Defense should conduct a study and report recommendations to Congress
on the differences between DoD and civilian vocational training,
certifications and licenses. This study and report will help the DoD
improve the skills of our fighting force as well as ease the
servicemembers' transition later into the civilian workforce.
2. Have you approached the House Appropriations Committee regarding
your funding recommendations for Employer Support of the Guard
and Reserve under the Department of Defense?
Unfortunately, we have not yet had the opportunity to discuss
restoring funding to the ESGR with the House Appropriations Committee.
IAVA can update this Committee in the future when this status changes.
Committee on Veterans' Affairs
Subcommittee on Economic Opportunity
Washington, DC.
April 20, 2010
Mr. Richard Daley
Associate Legislative Director
Paralyzed Veterans of America
801 18th Street, NW
Washington, DC 20006
Dear Mr. Daley:
I would like to request your response to the enclosed questions for
the record and deliverable I am submitting in reference to our House
Committee on Veterans' Affairs Subcommittee on Economic Opportunity
hearing on the Status of Veterans Employment on April 15, 2010. Please
answer the enclosed hearing questions by no later than Tuesday, May 18,
2010.
In an effort to reduce printing costs, the Committee on Veterans'
Affairs, in cooperation with the Joint Committee on Printing, is
implementing some formatting changes for material for all full
Committee and Subcommittee hearings. Therefore, it would be appreciated
if you could provide your answers consecutively on letter size paper,
single-spaced. In addition, please restate the question in its entirety
before the answer.
Due to the delay in receiving mail, please provide your response to
Ms. Orfa Torres by fax at (202) 225-2034. If you have any questions,
please call (202) 226-5491.
Sincerely,
Stephanie Herseth Sandlin
Chairwoman
JL/ot
__________
Paralyzed Veterans of America
Washington, DC.
May 18, 2010
Honorable Stephanie Herseth Sandlin
Chairwoman, Subcommittee on Economic Opportunity
House Committee on Veterans Affairs
335 Cannon House Office Building
Washington, DC 20515
Dear Chairwoman Herseth Sandlin:
Thank you for the opportunity to respond to questions from
Paralyzed Veterans of America's testimony on April 15, 2010, regarding
Status of Veterans Employment.
I have included with this letter a response to each of the
questions that you presented following the hearing.
Sincerely,
Richard Daley
Associate Legislation Director
__________
Questions for the Record
Question 1: How many veterans have the Paralyzed Veterans of
America's employment program placed within the last 3 years?
Response: Our program is currently located in four cities with a
total of 566 spinal cord injured veterans registered with the program.
Of the voc rehab eligible veterans, these are considered very
difficult, if not impossible to place in employment. In our four
locations, two have only been in existence for approximately one year.
A total of 97 severely disabled veterans have become employed through
our program.
Question 1(a): How many of those veterans have maintained their
employment beyond 6 months?
Response: Of the 97 initially employed, 72 have been employed more
that 6 months. Of those 72 employed longer than 6 months, 65 are still
employed today. Many of the veterans still employed have been promoted,
given a salary increase based on performance, or in some cases the
disabled veteran has increased from part-time employment to full-time
employment.
Question 2: What action should DOL be taking to improve the
Disabled Veterans Outreach Program Specialists (DVOP) and Local
Veterans Employment Representatives (LVER) program and does it have
sufficient oversight?
Response: As the programs are defined in regulation the DOL has
very little authority over these positions. Their primary role is to
oversee the process of distributing funding to the States. The
positions of DVOP and LVER are employees of the State they represent,
under the direction of the State, and report to the State on activities
pertaining to the goals and objectives of the State program.
Each State tracks the number of veterans that register with their
employment and unemployment office each month. The State monitors the
employment status for all persons collecting unemployment benefits in
the State. The standard unemployment benefit length is 26 weeks, except
for periods of unusually high rates of unemployment when the Federal
Government extends that period. After the 26 week period, the
unemployed veteran falls off the roster of unemployed and is not
counted among the unemployed unless they chose to maintain regular
contact with the State employment office. Information that is not known
by DOL is the number of veterans that remain unemployed after 9 months
or 12 months. DOL does not know how many veterans were sent to job
interviews by the State office. Since each State is receiving
additional funding for their division of employment service to
specially help veterans, what additional services are they providing
for those veterans?
To improve the DVOP and LVER program, it would be necessary to have
these positions working under the same authority, with the same goals,
and using the same method to help veterans' find employment. This would
be contrary to the existing structure of 50 different programs. This
would require legislative action and additional funding, but would be
more beneficial for the unemployed veteran.
Question 3: If the Disabled Veterans Outreach Program Specialists
and Local Veterans' Employment Representatives from State are
underperforming, who should be held accountable?
Response: Underperforming would be a subjective evaluation of these
positions. These positions perform similar functions for the veteran as
the State employment personnel perform for non veterans. In other
words, they are adequately performing by that State's criteria.
With the addition of Federal funds to the State's employment
program specifically to help unemployed veterans, a veteran would
expect to receive additional guidance in their employment search. As
stated at the hearing, often the position of LVER is performed by a
previously unemployed veteran who becomes the newest employee in the
State employment office. This person would be performing this roll only
until they can move to a higher paying State position. I recently had a
discussion with a LVER that was going to school part-time, working as a
LVER part-time, while searching for a career position for himself.
Under these circumstances, I did not feel that this person had
employment for other veterans as their top priority. No one entity can
be held accountable. Under the existing program DOL, and the State
employment program are fulfilling their responsibilities of the
program.
Question 4: You mention that even in situations of underemployment,
DOL records it as a positive result. How should DOL record this type of
employment, if at all?
Response: In order to show success or failure of State employment
efforts, a positive response is indicated when the veteran takes a low
paying job. Often an applicant must take a job that pays 50 or sixty
percent of their last earnings. This is not indicative of a successful
future for the veteran. If a veteran who had a military occupation such
as electronics' technician decides to take a minimum wage job to help
feed his family, this is not success. In a State's records, this is
indicated as an employed veteran. This temporary employment situation
will soon bring about financial problems caused by not keeping current
with living expenses and past financial obligations. The financial
problems may be accompanied by interpersonal problems within the family
ultimately leading to divorce and disintegration of the family.
In order to provide programs to help these veterans complete their
successful transition to civilian life, the VA and DOL would need to
know how many veterans are underemployed. In these situations the
veterans' representative should continue working with the veteran. The
current option for recording the veteran's status is either employed,
or unemployed. To more accurately represent the status of new veterans
that have recently separated from the military as well as older
veterans there should be a third category of underemployed. This would
be not earning up to ones potential and previous income. Veterans in
this category would receive all the support, guidance, and follow-up in
their search for employment same as unemployed veterans would.
Question 5: What key practices should DOL incorporate into their
program from PVA's Employment program?
Response: The success of PVA's employment program is achieved by
intense one-on-one case management for the severely disabled veterans.
This would require more specialized staff than currently available in
the VR&E program.
The prospective employers must be contacted and visited by the
employment office. We were told by our employment counselors that of
the veterans that have been placed in employment, none of the employers
came searching for a disabled veteran to hire. Instead these employers
were contacted by our representatives.
Through the work of the DVOPs and LVERs, the future employers would
be informed of the benefits of employing a veteran, or disabled
veteran. They would understand that some flexibility may be required
along with minor accommodations with the position. The employment
representative after understanding the needs of the employer then
matches the work environment and requirements with the perspective
veterans in their program.
Committee on Veterans' Affairs
Subcommittee on Economic Opportunity
Washington, DC.
April 20, 2010
Mr. Justin Brown
Legislative Associate
National Legislative Service
Veterans of Foreign Wars of the United States
200 Maryland Avenue, SE
Washington, DC 20002
Dear Mr. Brown:
I would like to request your response to the enclosed questions for
the record and deliverable I am submitting in reference to our House
Committee on Veterans' Affairs Subcommittee on Economic Opportunity
hearing on the Status of Veterans Employment on April 15, 2010. Please
answer the enclosed hearing questions by no later than Tuesday, May 18,
2010.
In an effort to reduce printing costs, the Committee on Veterans'
Affairs, in cooperation with the Joint Committee on Printing, is
implementing some formatting changes for material for all full
Committee and Subcommittee hearings. Therefore, it would be appreciated
if you could provide your answers consecutively on letter size paper,
single-spaced. In addition, please restate the question in its entirety
before the answer.
Due to the delay in receiving mail, please provide your response to
Ms. Orfa Torres by fax at (202) 225-2034. If you have any questions,
please call (202) 226-5491.
Sincerely,
Stephanie Herseth Sandlin
Chairwoman
JL/ot
__________
Response from Eric A. Hilleman
THE STATUS OF VETERANS EMPLOYMENT
Question 1: In your opinion is the Transition Assistance Program
meeting the needs of our veterans?
Response: The Veterans of Foreign Wars remains concerned that
servicemembers are not receiving adequate counseling upon separation
from active-duty, National Guard, or Reserve type duties. Currently,
TAP or the yellow-ribbon program upon separation is not a required for
all servicemembers.
Furthermore, the VFW is also concerned that TAP classes, as well as
the Yellow Ribbon Program, offer sessions that vary greatly. Anecdotal
information seems to suggest that the TAP contractors tend to do a
better job than the DVOPs/LVERs who are balancing a number of duties.
However, this could also be due to a lack of standardization across the
TAP program.
There is also a need to for a centralized resource that is user
friendly, helpful, and easily searchable for veterans and their
families. While the Turbo-Tap manual that is a substantial, it is
generally unknown. There is also the National Resource Directory, which
covers essentially everything a young disabled veteran may need.
DOL-VETS and the DVOP/LVER program should be creating a best
practices model to help veterans more easily transition. Services need
to be individualized and offer ease of access, connecting a vet with a
point of contact for that resource. For example, if a veteran
identifies that they are searching for employment online, a pop up
should and could offer the local DVOP/LVER and their contact
information. An even more user friendly interface would allow the
veteran to schedule a physical or phone call appointment with that
representative on the spot. What a veteran should not get after
clicking a button titled ``employment'' is two pages of various links
that lead to more links. Services need to be creative and render
results--to help these veterans more thoroughly identify the
opportunities and resources available to them.
In conclusion, the VFW continues to remain concerned that the
Transition Assistance Program is not meeting the needs of our veterans.
Question 2: Do you think that DOL is properly investigating veteran
claims and assisting veterans with their USERRA concerns?
Response: The Veterans of Foreign Wars has received complaints from
veterans who believe DOL was not thorough in their investigation of
their claim. The VFW remains concerned that DOL investigations do take
too long. When a veteran is waiting on a diction that impacts their
livelihood and their ability to support their family any wait time is
excruciating.
Question 3: What are your top five concerns regarding employment
for veterans?
Response:
1. More attention is needed to promote the value of veterans to
the private sector.
2. Current programs, I.E. the Post-9/11 GI Bill and VR&E need to
be enhanced equip veterans to compete in today's economy.
3. Existing programs such as the DVOPs/LVERs program and the
processes such as the Vets 100 must be made more successful.
4. More emphasis needs to be placed identifying critical skills
learned in uniform and how to translate those skills into the private
sector.
5. Guard and Reserve units with successful reemployment rates need
to be studied to improve how the whole Guard and Reserve force is
addressing this issue.
Committee on Veterans' Affairs
Subcommittee on Economic Opportunity
Washington, DC.
April 20, 2010
Mr. Marshall Hanson
Director of Legislation and Naval Services
Reserve Officers Association of the United States
1 Constitution Avenue, NE
Washington, DC 20002
Dear Mr. Hanson:
I would like to request your response to the enclosed questions for
the record and deliverable I am submitting in reference to our House
Committee on Veterans' Affairs Subcommittee on Economic Opportunity
hearing on the Status of Veterans Employment on April 15, 2010. Please
answer the enclosed hearing questions by no later than Tuesday, May 18,
2010.
In an effort to reduce printing costs, the Committee on Veterans'
Affairs, in cooperation with the Joint Committee on Printing, is
implementing some formatting changes for material for all full
Committee and Subcommittee hearings. Therefore, it would be appreciated
if you could provide your answers consecutively on letter size paper,
single-spaced. In addition, please restate the question in its entirety
before the answer.
Due to the delay in receiving mail, please provide your response to
Ms. Orfa Torres by fax at (202) 225-2034. If you have any questions,
please call (202) 226-5491.
Sincerely,
Stephanie Herseth Sandlin
Chairwoman
JL/ot
__________
QUESTIONS FOR THE RECORD PROPOUNDED
TO THE RESERVE OFFICERS ASSOCIATION
Subcommittee on Economic Opportunity
House Committee on Veterans' Affairs
Hearing on ``Status of Veterans Employment''
Hearing date: April 15, 2010
Ref: By letter dated April 20, 2010, Representative Stephanie Herseth
Sandlin
(Chairwoman of the Subcommittee on Economic Opportunity) propounded the
following four questions to Mr. Marshall Hanson, the Director
of Legislation and Naval Services of the Reserve Officers
Association (ROA). These are ROA's responses.
Question 1: How many Active and Reserve members has your Legal
Center advised?
Question 1(a): How many of those have you referred to an attorney?
Response: In almost a year of operation (June 1, 2009 through May
6, 2010), the Servicemembers Law Center has advised 2150 individuals,
by telephone and/or e-mail, and in a few instances in person. Of those
2150, approximately 1720 (80 percent) were Active or Reserve Component
(overwhelmingly Reserve Component) members of the Armed Forces.
The ROA Servicemembers Law Center has also heard from and has
provided information to attorneys, employers, Congressional staffers,
State legislators and staffers, reporters, and veterans who are not
currently Active or Reserve Component members of the Armed Forces but
have been in the past.
Of those who have contacted us, the ROA Servicemembers Law Center
has referred about 5 percent to an attorney. The Servicemembers Law
Center also refers individuals to the National Committee for Employer
Support of the Guard and Reserve (a Department of Defense organization)
and/or the Veterans' Employment and Training Service (a Department of
Labor organization).
The large majority of National Guard and Reserve personnel who
contact the Servicemembers Law Center do not have any immediate need
for legal representation. They call us or e-mail us seeking guidance,
mostly about the Uniformed Services Employment and Reemployment Rights
Act (USERRA). For example, USERRA includes a 5-year cumulative limit on
the duration of the period or periods of uniformed service that an
individual can perform, with respect to a single employer relationship,
but there are eight statutory exemptions (kinds of service that do not
count toward the limit). Every day, ROA receives at least one inquiry
about what counts and what does not count toward exhausting the live-
year limit.
Question 2: In your opinion is DOL doing a good job of
investigating USERRA complaints?
Response: Over the years, in ROA's ``Law Review'' articles and
otherwise, ROA has been critical of DOL-VETS with respect to the
timeliness and thoroughness of USERRA investigations. In the fall of
2008, Congress amended USERRA to establish timelines on USERRA
investigations and referrals. There has been some improvement in
timeliness since that amendment went into effect.
DOL-VETS frequently asks the claimant for a waiver, when the
investigation is not completed within the 90 days mandated by law, but
at least the need to ask for a waiver focuses attention on the need for
timeliness.
The main problem is that DOL-VETS personnel who do not specialize
in USERRA are conducting most of the USERRA investigations, and some of
those personnel are poorly trained and motivated.
Within DOL-VETS, there is a ``director'' for each State, and in the
larger States there are one or more ``assistant directors'' depending
upon a census of veterans provided by the Department of Veterans
Affairs. These directors and assistant directors spend the majority of
their time performing functions completely unrelated to USERRA. When
they are tasked to do USERRA investigations, they often seem clueless
and unmotivated.
DOL-VETS has only one investigator (Robert Kuenzli) who does USERRA
investigations full-time, and he does them quite well. Although his
office is in South Carolina and he is administratively part of the DOL-
VETS Atlanta Region, he is assigned ``hard cases'' (often reopened
cases) all over the country. DOL-VETS needs to develop a cadre of well-
trained and dedicated USERRA investigators, at least one in each
region.
ROA also believes that DOL needs to change the arrangement of how
it gets its attorneys involved in USERRA cases and referrals to the
Department of Justice (DOJ) and the Office of Special Counsel (OSC).
Under the current system, someone in DOL-VETS (usually a State director
or assistant State director) conducts an investigation and refers the
report to the DOL-VETS regional office (Boston, Philadelphia, Atlanta,
etc,), The DOL-VETS regional office then forwards the file to the
regional office of the Solicitor of Labor (SOL). An attorney in the SOL
regional office (often an attorney with no prior USERRA experience)
writes a ``legal analysis'' that accompanies the DOL-VETS report and
case file when they are referred to DO] or OSC (in the case of cases
against Federal agencies, as employers).
Frequently, in the course of drafting the legal analysis, the SOL
regional attorney will perceive a gap in the investigation. That will
require that the case file go back to the investigator for a follow-up
investigation, causing still more delay. Moreover, DOJ and OSC find the
legal analyses to be largely pointless-citing case law that DOJ and OSC
attorneys already know well.
Instead of getting the lawyers involved only at the end, ROA
suggests that the lawyers should be involved from the beginning. When
DOL-VETS receives a USERRA complaint, an attorney should work with the
assigned investigator to identify which section or sections of USERRA
apply and to identify the elements of proof for the claimant to prevail
on his or her claim. ROAs want to minimize the waste of time by the
investigator looking into intellectual questions that are not relevant
or not contested, while inadvertently omitting other factual questions
that are very relevant.
ROA also suggests that DOL-VETS needs to review its metrics system
for judging the performance of its personnel. The system currently in
use rewards timeliness above all other things. If an agency is tempted
to emphasize timeliness above all else, said agency will close cases as
``no merit'' shortly after opening them. All too often, DOL-VETS
investigators (especially those who do USERRA cases only occasionally)
accept at face value the employer's assertions about fact and law and
then close the ease quickly as ``no merit.'' DOL-VETS is not serving
the claimant unless the agency conducts a real investigation and tries
to find facts that support the claim.
Question 3: What practical things should be government do to assist
reservists who own a business?
Response: ROA proposes six amendments to the Servicemembers Civil
Relief Act (SCRA) to address the needs of the Reserve Component member
who has been or may be called to the colors:
i. Broaden right to terminate lease--ROA suggests that
Congress amend the SCRA to give the person who is being called
to active duty the right to terminate a lease on business
equipment. The SCRA, as currently written, gives the individual
the right to terminate a lease on premises (apartment, house,
office, farm, etc.), a lease on a vehicle, and (under limited
circumstances) a cell phone contract. This right-to-terminate
should be broadened to include other leases and contracts.
The Servicemembers Law Center has heard from a Reserve Medical
Corps officer who has been called to active duty, and who as a
result will be closing his private medical practice. He has a
six-figure lease on certain medical equipment that he has been
using in his practice. He cannot take the equipment with him to
Afghanistan, when he reports to active duty. He wants to return
the equipment to the lessor and cancel the remaining payments
due under the lease, but the SCRA as currently written does not
give him this right.
ii. Expand right to continuance and default judgment
protection to include arbitral proceedings.
Since 1917, the Soldiers' and Sailors' Civil Relief Act (SSCRA)
has provided protection against default judgment and the right
to a continuance to a person who has been sued in Federal or
State court and whose military service precludes the person
from offering a defense. In 2003, when Congress enacted the
SCRA, these protections were broadened to include Federal,
State, and local administrative proceedings as well. But the
SCRA does not apply to proceedings before an arbitrator. ROA
favors an amendment to make these important protections
applicable to arbitral proceedings.
iii. Expand the SCRA right to reinstate ``health insurance''
to include income replacement insurance as well. Many National
Guard and Reserve personnel who are self-employed owners of
small businesses have health insurance and income replacement
insurance policies. It has been held that the returning veteran
has the right to reinstatement of his or her health insurance
(narrowly construed) but not income replacement insurance. This
loophole cries out for a legislative fix.
iv. Clarify that the SCRA creates a private right of action.
A right without a remedy is of little value. We need Federal
legislation clarifying that the SCRA creates a private right of
action, authorizing the individual to sue in Federal court,
with his own lawyer and in his own name.
v. Provide for the court to award attorney fees to the
prevailing SCRA plaintiff.
USERRA provides that if an individual brings an action through
private counsel and prevails, the court can award attorney fees
to the prevailing plaintiff. Congress should amend the SCRA to
provide for similar rights in USERRA cases.
vi. Make it unlawful for a prospective creditor to deny
credit or downgrade one's credit score based on the possibility
that one might be called to active duty.
Note: ROA is willing to work with the professional staff to develop
language to support the above suggestions.
Question 4: What type of assistance do Active and Reserve members
seek when they reach out for assistance to your Law Center?
Almost 2/3 of the inquiries that the ROA Servicemembers Law Center
has received relate to problems with civilian employers, concerning
participation in the National Guard or Reserve. These calls and emails
relate overwhelmingly to USERRA, but also to Federal and State laws
governing paid military leave for public employees and Federal and
State veterans preference laws.
Many of these calls relate to the USERRA eligibility criteria,
especially the 5-year limit. These servicemembers are trying to ensure
that they meet the criteria, in order to preserve their right to
reemployment. Other calls relate to questions as to how to respond to
employer hostility and harassment, motivated by Reserve Component
service. The ROA Servicemembers Law Center hears from members who have
been unlawfully fired or denied reemployment, and the Servicemembers
Law Center hears from members who have complained to DOL-VETS and have
had what they consider to be meritorious cases closed as without merit.
Of the other 113 of the inquiries, those not involving civilian
employment, the subject matter (in descending order of incidence) are
military voting rights, military personnel administration, the
Servicemembers Civil Relief Act, VA benefits, military family law,
military justice, and other matters.
Source: Answers were developed by CAPT Sam Wright, USNR (ret.) Director
of the ROA Servicemembers Law Center.
Committee on Veterans' Affairs
Subcommittee on Economic Opportunity
Washington, DC.
April 20, 2010
Mr. Peter J. Duffy
Deputy Director Legislation
National Guard Association of the U.S.
One Massachusetts Avenue, NW
Washington, DC 20001
Dear Mr. Duffy:
I would like to request your response to the enclosed questions for
the record and deliverable I am submitting in reference to our House
Committee on Veterans' Affairs Subcommittee on Economic Opportunity
hearing on the Status of Veterans Employment on April 15, 2010. Please
answer the enclosed hearing questions by no later than Tuesday, May 18,
2010.
In an effort to reduce printing costs, the Committee on Veterans'
Affairs, in cooperation with the Joint Committee on Printing, is
implementing some formatting changes for material for all full
Committee and Subcommittee hearings. Therefore, it would be appreciated
if you could provide your answers consecutively on letter size paper,
single-spaced. In addition, please restate the question in its entirety
before the answer.
Due to the delay in receiving mail, please provide your response to
Ms. Orfa Torres by fax at (202) 225-2034. If you have any questions,
please call (202) 226-5491.
Sincerely,
Stephanie Herseth Sandlin
Chairwoman
JL/ot
__________
PETER J. DUFFY'S RESPONSE TO QUESTIONS FOR THE RECORD
HCVA SUBCOMMITTEE ON ECONOMIC OPPORTUNITY
HEARING ON THE STATUS OF VETERANS EMPLOYMENT ON
APRIL 15, 2010
Question 1: Do the Guard/Reserve forces need a Transition
Assistance program similar to active duty forces?
Response: The National Guard Transition Assistance Advisor (TAA)
program differs from the active duty program primarily in the time and
manner in which assistance is delivered and the content of assistance
programs. Whereas the active duty program will allow the TAAs to work
over a matter of days with a captured active duty audience to provide
training on job searching skills, the National Guard TAAs have time to
deliver only very short briefings during the limited time our members
remain on active duty at installations before returning to their homes.
However, the TAAs remain reachable to provide personalized service to
all callers at all stages of deployments. A TAA program similar to the
active forces could be considered if our returning members remained on
active duty longer at National Guard installations after deployment.
The TAAs serve as statewide points of contact primarily to provide
a professional person to assist in accessing Veterans benefits and
medical care for members and families before, during and after
deployment. However, they can troubleshoot virtually all deployment
related issues ranging from processing medical compensation claims,
accessing veterans' benefits, pursuing medical care options, assisting
with job searches, financial assistance, referral for counseling, and
obtaining dependent care. The TAAs, 90 percent of whom are either
veterans or spouse of military members, make themselves available to
members of all components and veterans of any service. It is the ``go
to'' feature and personal interaction follow up that distinguishes the
TAA program from other reintegration assistance programs.
A description of what a TAA does is best provided by the following
message sent in response to a NGAUS inquiry by Marine, Steven B.
Sheppard, TAA for the Massachusetts National Guard.
``As the single point of contact for all Veterans of all
branches of all eras, TAA's are very busy. We track our troops
through both the Military and civilian health care sectors,
which can be daunting to say the least. Often the more
complicated cases require significant follow-up care. Veterans
rarely call with just one problem. A typical case that is
brought to the TAA desk looks something like this:
Unemployed Guard Member with no service connection
has no capability to travel because his vehicle needs service
SM has been unemployed for 8 months with no end in
sight
health problems due to Line-of-Duty injuries/illness
can't afford car payment/rent/vehicle repair
This means that the TAA has to:
help fill out need-based financial grant applications
for emergency aid
coordinate with financial planning and State
resources to prevent foreclosure
help coordinate military health services for possible
return to active duty for treatment
coordinate VA Health care services, i.e. enrollment,
primary care and specialty clinic care
compensation and pension evaluation and VA Disability
claim via Certified National Service Officer
employment consultation with LVER/DVOP and Career
Center Training/Services
arrange for legal consultation if necessary (home
foreclosure, child support modification, will/power of
attorney, etc.)
Now multiply this by any number of cases that the TAA may be
managing, add in follow-up care and you can see that this adds
up quickly. This is in conjunction with helping Veterans of all
eras which present additional hurdles. Though our primary
mission is to focus on the OIF/OEF era Veterans, coordinating
end-of-life care, or elder care for WWII and Korean era
Veterans is a necessary and much needed skill-set. This brings
us to what I like to call, my ``weekend job.''
At least once a month, sometimes more, the TAA facilitates
seminar and classroom learning sessions at Yellow Ribbon
reintegration events. We meet individually and in groups with
returning or deploying Veterans in order to educate Guard/
Reserve members on benefits and services. Because of the large
number of troops in the outgoing/incoming stages of deployment,
this means that the TAA often works multiple weekends a month,
if not all of them.
Most TAA's also are on a number of planning committees to help
coordinate services and events in the future as well. Panel
discussions, coordination and feedback meetings with VHA and
VBA, and consultation with the military chain-of-command are
additional duties that help to forge the working relationships
that we use on a daily basis. The bottom line is that the TAA
is, by definition a central point of contact, and we are used
heavily by every State, Federal, military and Veteran
organization on a regular basis.
Pete is this the type of issue you are looking for? Comes right
from the top.''
Although necessarily different from the active duty program because
of the limited time our members remain on active duty at National Guard
our installations post deployment, clearly, the TAA program in the
National Guard performs a valuable service to members and families. The
program needs to be expanded.
Question 2: What should the government be looking at when trying to
address the benefit disparities and other unmet needs of the Guard and
Reserve?
Response:
Amend the Post-9/11 GI Bill to Recognize Title 32 Active Duty service
Amid great celebration and expectations, the bill providing
Educational Assistance for Members of the Armed Forces Who Serve After
September 11, 2001, more commonly known as the Post-9/11 GI Bill, was
hurriedly enacted as part of the Supplemental Appropriations Act, 2008
Public Law 110-252 but with one hurtful omission; Congress excluded all
National Guard Title 32 active duty service after 9/11 from qualifying
for benefits under this program.
The impact of this legislation is that Congress has effectively
denied benefits to our dedicated men and women who have served our
country on Title 32 active duty post 9/11 as AGRs and in mobilized
operations such as Operation Noble Eagle, Operation Jump Start, and in
the critically needed airport security operations in the desperate days
immediately following the 9/11 attacks on the homeland. What is
particularly upsetting is the fact that the bill provides benefits for
domestic active duty service of Reserve AGRs and other active forces on
Title 10 orders who are performing virtually the identical service as
our National Guard AGRs and other members on Title 32 orders who are
denied the same benefits.
With the current call from many quarters to have the National Guard
mobilize to protect the borders, Congress must keep in mind that it
will do so dutifully, as it always does, away from home likely on Title
32 active duty orders without earning any benefits under the Post 9/11
GI Bill for the service. This is patently unfair and, unfortunately,
further evidences how the ``always ready always there'' service of the
National Guard can be taken for granted. This must be changed.
H.R. 3554 would correct this omission. With respect to ``pay go''
requirements to fund H.R. 3554, the costs for the needed corrections
could be made as an emergency spending measure under the new law.
Amend the Montgomery GI Bill Chapter 1607 (REAP) eligibility to
recognize all Title 32 Active Duty service
To qualify under chapter 1607 of the Montgomery GI Bill one must
meet the following requirements: a 90 day Title 10 mobilization or a 90
day Title 32 call up in response to a presidential or a Secretary of
Defense declaration of a national emergency. This similarly does not
fully recognize all Title 32 active duty to protect the homeland from
disaster or border incursion and needs to be changed.
A Facebook message that NGAUS has received from the field from a
National Guard member who shall remain unnamed illustrates this:
``Too bad they put these soldiers on Title 32 orders. Title 32
is just another way to screw National Guard soldiers out of
future benefits. I spent 3\1/2\ years on Title 32 orders with
the Army National Guard and I am ineligible for Montgomery GI
Bill educational benefits. Only Title 10 soldiers are eligible.
That means all Reserve soldiers are covered but no National
Guard soldiers. We can be depended upon to fulfill the mission,
but we're not worthy of all the benefits!''
Establish retroactivity to 9/11 of changes in the 2008 NDAA lowering
the Reserve retirement pay eligibility age
H.R. 208, the ``National Guard Retired Pay Equity Act of 2009,''
introduced by Representatives Joe Wilson (R-SC) and Dan Boren (D-OK),
has broad support of 145 cosponsors in the House of Representatives.
Its companion bill in the Senate, S. 831, introduced by Senator John
Kerry (D-MA), has 29 cosponsors. These bills would allow our retirees
to draw retirement pay 3 months sooner for each aggregate of 90 days
per fiscal year of deployed service performed after September 11, 2001
in support of a contingency operation or national emergency.
The current law inequitably only applies to qualifying service
after January 28, 2008, the date of enactment of the 2008 National
Defense Authorization Act (NDAA) which brought about the first changes
in Reserve component retirement pay in 60 years. The original language
of the bill which introduced these historic changes would have
recognized all qualifying service after September 11, 2001.
Excluding otherwise qualifying service in the Global War on Terror
after September 11, 2001 but prior to January 28, 2008 from the benefit
of this law is simply not fair to those who bravely served our country
in the most difficult years of the current conflicts. H.R. 208 and S.
831 would correct this inequity by crediting all qualifying active duty
service performed after September 11, 2001.
Because this benefit represents a cost of war, funding for the bill
under the recent ``pay go'' legislation could be accomplished as an
emergency spending measure in the War Supplemental if there is the
political will to do so.
End discriminatory bonus programs
In prepared remarks, Lt. Gen. Harry Wyatt, Air National Guard
director, told Congress last month that he wanted to ``make an
interesting point'' about incentives. He first described one of the Air
Guard's tactical air control party specialists who ``recently returned
from a fifth deployment overseas in Afghanistan,'' where he ``led 19
close air support missions for nine operations, spent more than 135
hours outside the wire on combat patrol, and successfully prosecuted 18
precision strikes on enemy positions that saved American lives under
fire.'' Wyatt then stated, ``In the Air National Guard this skill set
is in such great demand we offer a re-enlistment bonus of $15,000, but
only for re-enlistments of 6 years.''
He followed with this clincher: ``If the same skill set were to re-
enlist in the Regular Air Force, it would qualify for a $90,000 bonus
to re-enlist for 3 years.''
Other bonus disparities exist with the National Guard members who
become technicians (civilian employees working for the Guard but who
wear the uniform). They are required to pay back education, retention
and reenlistment bonuses. This is discrimination without any rational
basis.
These discriminatory bonus provisions need to be changed.
Administer Post Deployment medical programs in a fair manner to
returning National Guard veterans
There is mounting concern that our National Guard members are not
receiving fair treatment at demobilization sites relative to their
service connected injuries being either properly identified or treated.
The concern is that the active forces are encouraging our wounded
members to return home to be treated by the Veterans Administration
rather than remain on active duty for further treatment and evaluation
which is hurtful to the wounded members and the member's family. There
follows a recent article from the Army Times highlighting this problem
with the Oregon National Guard.
Oregon Lawmakers Want Guard Medical Care Reviewed
By Peter Urban--Gannett Washington Bureau
Posted: Monday May 17, 2010 19:11:00 EDT
Two Oregon lawmakers are seeking an investigation into the quality
of medical treatment provided to National Guard and Reserve troops
before and after combat deployment to Iraq.
Senator Ron Wyden and Rep. Kurt Schrader sent joint letters Monday
to the Army's inspector general and the Government Accountability
Office seeking an investigation after their offices uncovered evidence
that Joint Base Lewis-McChord treated active-duty soldiers differently
from National Guard members and reservists returning from Iraq and
Afghanistan.
They also wrote to Army Secretary John McHugh asking him to
investigate their concerns that returning National Guard members and
reservists are being treated as ``second-class soldiers.''
``I am outraged after hearing troubling reports about the
disrespectful and inequitable treatment received by Oregon Guardsmen,''
Schrader said in a news release issued with Wyden.
Schrader wants all the soldiers' cases to be reviewed. Some
National Guard members have already been released without receiving
appropriate medical treatment, he said. In the letter to McHugh,
Schrader asked that he ``personally ensure their proper care and
treatment.''
Schrader's staff members were alerted to potential problems at the
former Fort Lewis from a constituent complaint. They received several
more complaints and, upon further investigation, found evidence that
the problem may be broader, they said.
In particular, they said that a PowerPoint presentation created at
the base showed that Lewis-McChord had instituted a process for
handling the medical needs of active-duty soldiers differently from
those of National Guard members and reservists. The presentation
included an image labeling National Guard soldiers as ``weekend
warriors.''
``We can't just chalk this up as the actions of one rogue office;
rather my concern is that this is a symptom of a culture that views
National Guard and reservists as second-class soldiers,'' Wyden said.
Army Surgeon General Eric Schoomaker sent a letter to Wyden last
Friday apologizing for the PowerPoint presentation, which had been
presented in March to staffers at Madigan Army Medical Center, located
near Lewis-McChord, and saying he was ``appalled by the insensitivity''
of one of his officers.
Schoomaker said the commanding general of Lewis-McChord had also
directed an investigation
Medical Screenings at the home station by the VA
NGAUS is supporting legislation that would provide our members
returning from deployment with the option of being examined at home by
VA health care providers before they are discharged from Title 10
active duty status.
It is imperative post-deployment, that our members while still on
active duty deployment orders, be examined confidentially at the home
station by qualified health care providers in order to address the
under reporting of physical and mental health conditions that occurs on
the self administered Post Deployment Health Assessment (PDHA). The
PDHA is currently being completed by a homeward-bound member at a
demobilization site often several States away from home.
When the PDHA is completed, it is accompanied by the
``instruction'' that the self assessing member may be ``medically
held'' on active duty at the demobilization site if he or she reports a
medical condition requiring that action. To avoid the risk of being
held at the demobilization site after a long deployment, members are
simply not fully reporting their physical and behavioral injuries. This
under-reporting not only delays treatment and the critical
identification of a service connected injury but can prejudice later
claims with the VA for service connected disabilities arising from
conditions not previously reported on the PDHA.
What is disturbing is the revelation that although blood is being
drawn from our members at the demobilization station, the blood is not
being analyzed only stored. This is a wasted screening opportunity for
our members at the most critical time before reintegration. (See the
message attached from Dr. Dana Headapohl)
What is needed forthwith is fully analyzed blood and lab work
provided to the member before he or she is released from active duty.
This needs to be combined with giving our members returning from
deployment at least the option of obtaining a free and confidential
sharing of any laboratory data and the reporting of physical and mental
health conditions at the home station, stigma free, to a health care
provider trained both to elicit medical and behavioral that information
and to properly screen the member without the member's fear of being
medically held far from home. If medically holding the member is
advisable, it should be done as close to home as possible.
The irony in the current PDHA under-reporting phenomenon is that a
medical hold is usually in the best interest of the member and his or
her family as it allows pay and benefits to continue during treatment
for a condition that may well render the member unemployable once
discharged. The medical hold should not cynically be administered as a
threat to discourage reporting of injuries when, if properly
administered in a friendly environment, it offers substantial benefits
to the members and his or her family.
Insurance companies, in performing their due diligence before the
issuance of an insurance policy do not allow an applicant's self
assessment of health to be the only determinant. Neither should the
military. If geographical separation from families is causing under
reporting and non-reporting of physical and psychological combat
injuries on the PDHA, then moving this process to the home station
would likely produce a better yield at a critical time when this
information needs to be captured in order for prompt and effective
treatment to be administered. If necessary and appropriate, the
examining health care provider in coordination with the National Guard
J-1 and State's Surgeon General can cause the member to be retained on
active duty locally for further treatment and evaluation.
This is especially critical in screening for behavioral conditions.
It is absolutely imperative that members returning from deployment be
screened with full confidentiality at the home station while still on
active duty by trained and qualified mental health care providers from
VA staff and/or qualified health care providers from the civilian
community that could include primary care physicians, physician
assistants and nurse practitioners who have training in assessing
psychological health presentations. Prompt diagnosis and treatment will
help to mitigate the lasting effects of mental illness.
Please see the copy of a November 5, 2008 electronic message to
NGAUS from Dr. Dana Headapohl (a practicing occupational physician in
Missoula, MT) set forth below which strongly recommends a surveillance
program for our members before they are released from active duty. Dr.
Headapohl opines the obvious in stating that ``. . . inadequate medical
screening of our members before they are released from active duty is
``unacceptable to a group that has been asked to sacrifice for our
country.'' (emphasis added)
Colonel Duffy--I am sending links to articles about the importance
of providing medical surveillance examinations for workers in jobs with
specific hazardous exposures. I believe this approach could be modified
to evaluate National Guard members returning from Iraq and Afghanistan
for PTSD, TBI and depression.
The OSHA medical surveillance model includes the following basic
elements:
1. Identification of potential hazardous exposures (chemical,
physical, biologic).
2. Screening workers for appropriateness of placement into a
specific work environment with such exposures. For example, individuals
with compromised liver functions should not be placed in environments
with unprotected exposures to hepatotoxins.
3. Monitoring workers after unprotected exposure incidents.
Examples- monitoring pulmonary function in an worker exposed to a
chlorine gas spill, or following hepatitis and HIV markers in a nurse
after a needle stick injury.
4. Conducting exit examinations at the end of an assignment with
hazardous exposures, to ensure that workers have not suffered adverse
health effects from those exposures.
(including concussive explosions or other traumatic events).
Surveillance exams of all types (OSHA mandated surveillance
programs, population health screening for chronic disease risk factors)
have been a part of my practice of Occupational and Preventive Medicine
in Montana for the past 22 years. Early diagnosis and treatment is
especially essential for potential medical problems facing military
members serving in Iraq and Afghanistan--Post-Traumatic Stress Disorder
(PTSD), Traumatic Brain Injury (TBI) and depression. Timely diagnosis
and aggressive treatment is essential especially for these problems, to
maximize treatment success and functioning and to mitigate suffering.
There are a number of organizations that design and implement
medical surveillance programs. There is no reason the same approach
could not be applied to the specific exposures and potential medical
problems facing National Guard troops in Iraq and Afghanistan. With
proper program design and local provider training, this program would
not need to be costly. In my clinical experience, male patients
especially are more likely to report symptoms of PTSD, TBI, or
depression in the context of an examination rather than questionnaire.
Findings can present subtly, but if untreated can have devastating
effects on the individual, family and work place.
In my practice, I have seen a number of Vietnam veterans, and more
recently National Guard members who have returned from deployment in
Iraq or Afghanistan, who have been inadequately screened and/or are
suffering unnecessarily because of geographical barriers to adequate
treatment. This is unacceptable treatment of group that has been asked
to sacrifice for our country. They deserve better.
I applaud your organization's efforts to lobby for better post
deployment screening and treatment of the National Guard members
returning from Iraq and Afghanistan.
Dana Headapohl, M.D.
http://www.aafp.org/afp/20000501/2785.html
https://www.desc.dla.mil/DCM/Files/QSRHealth%20Medical%20Exam_1.pdf.
This is about military surveillance exams.
http://www.lohp.org/graphics/pdf/hw24en06.pdf
http://www.cdc.gov/niosh/sbw/management/wald.html
http://www.ushealthworks.com/Page.aspx?Name=Services_MedSur
NGAUS Resolution to establish equitable treatment of National Guard
members, veterans and retirees
The following current NGAUS resolution sets forth a list of several
benefits our membership has asked Congress to adjust in order to
provide equitable treatment for our National Guard members, veterans
and retirees.
131st NGAUS GENERAL CONFERENCE
RESOLUTION--J #26
RELATING TO EQUITABLE TREATMENT OF ALL NATIONAL GUARD
MEMBERS, RETIREES AND VETERANS
Recommendation
To ensure more equitable treatment of members and veterans of the
National Guard, the National Guard Association of the United States
supports:
A. Eliminate the disparity between Title 10 and Title 32
service by making retiree medical benefits of Title 32 Active
Guard and Reserve (AGR) servicemembers the same as Title 10
active component (AC) members
B. Institute a funding mandate to allow priority use of
Qualified Military Buglers in a Retired Status (QMBIRS) at
funeral honors when an active duty or reserve bugler is not
available
C. Allow for a seamless transition from the Department of
Defense (DoD) to the Department of Veterans Affairs (VA)
D. Provide eligibility to retired National Guard members
Federal retired annual payment for residency in State veterans'
homes, and limit their required payment to no more than 50
percent of the allowed VA rates
E. Provide equal burial rights and veteran status for
National Guard and Reserve members who have successfully
completed their military service obligation
F. Increase burial plot allowance to $1,000
G. Change the definition of a ``veteran'' to include
traditional National Guard Soldiers and Airmen who have served
honorably in the National Guard for qualification to receive
veteran benefits
H. Provide parity of compensation for special skills and
qualifications consistent with active component special pay,
compensation, and benefits
I. Establish parity with the active forces in the
administration, rates and eligibility standards for Chapter
1606 Montgomery GI Bill benefits
J. Revise the annual point limitation on the number of
inactive duty points creditable toward reserve component
retirement so that it is subject only to a cap of 365/366 on
all annual points earned for reserve retirement
K. Allow all dual status military technicians to receive
enlistment/reenlistment bonuses, student loan repayments
L. Matching pay increases for active duty pay and retired pay
for cost of living adjustments
M. Amend Section 1491 (b)(2) of Title 10 to set priority
standards for the use of Qualified Military Buglers in Retired
Status (QMBIRS) whenever available prior to using any recording
to sound ``Taps''
N. Require at least two members of the funeral honors detail
for a veteran's funeral to be members of the armed forces
(other than members in a retired status), with at least one of
them a member of the armed force of which the deceased veteran
was a member; the remainder of the detail may consist of
members of the armed force (including members in a retired
status), or members of veterans organizations or other or
organizations approved for purposes of this section under
regulations prescribed by the Secretary of Defense; military
buglers (including members in a retired status) are preferred
for the playing of ``Taps''
O. Clarify the use of QMBIRS and the uniform requirements in
Title 10, Section 1491 (b)(2) and (c)
P. National Guard Bureau solicit those QMBIRS members
available for military funeral honors duty to capitalize on
this valuable source of military buglers
Q. Amend Title 38 to allow additional education benefits to
all post 9/11 veterans who would have otherwise been qualified
for educational benefits had their benefits not previously been
exhausted
R. Amend the language in the new Post-9/11 GI Bill to allow
for the portability of any unused benefit to immediate family
members of an eligible servicemember, living or deceased
S. Holding the GI Bill education benefits of a deceased
member in trust for any minor dependent of the servicemember,
until the minor dependent reaches the age of 18, when the
benefit should enter the 15 year use window, not the age 26
restriction currently in the legislation
T. Provide that the education benefits be seen as an
``account'' for the family, and to be used by any and all
family members subject to the stressors of the military
lifestyle
U. Pay the education benefit account in its entirety upon the
death of the servicemember when the death occurs as a result of
an act of war or terrorism
V. Cap the education benefit only by a dollar figure, not the
number of beneficiaries
W. Allow minor children of servicemembers the same 15 year
period in which to utilize the benefit upon reaching the age of
18
X. Eliminate the disparity between Title 10 and Title 32
education benefits under the Post-9/11 GI Bill by extending
full benefits under the law to include Title 32 Active Guard
and Reserve (AGR) servicemembers
Y. Include full-time Title 32 active duty service in the
calculation of benefits under the Post-9/11 GI Bill
Z. Provide a full 4-year college education to members of the
National Guard who have been discharged because of a service-
connected disability arising from Title 32 active duty service.
a. Amend Title 10,16163(a)2 to include retention of
Chapter 1607 entitlements for those servicemembers who
complete their service contract in both the Individual
Ready Reserve (IRR) and Inactive National Guard (ING)
(6 years selected reserve, 2 years IRR or ING) under
honorable conditions
JOINT PERSONNEL TASK FORCE
NOTHING FOLLOWS
Committee on Veterans' Affairs
Subcommittee on Economic Opportunity
Washington, DC.
April 20, 2010
The Honorable Raymond M. Jefferson
Assistant Secretary for Veterans' Employment and Training
U.S. Department of Labor
200 Constitution Avenue, NW
Washington, D.C. 20210
Dear Assistant Secretary:
I would like to request your response to the enclosed questions for
the record and deliverable I am submitting in reference to our House
Committee on Veterans' Affairs Subcommittee on Economic Opportunity
hearing on the Status of Veterans Employment on April 15, 2010. Please
answer the enclosed hearing questions by no later than Tuesday, May 18,
2010.
In an effort to reduce printing costs, the Committee on Veterans'
Affairs, in cooperation with the Joint Committee on Printing, is
implementing some formatting changes for material for all full
Committee and Subcommittee hearings. Therefore, it would be appreciated
if you could provide your answers consecutively on letter size paper,
single-spaced. In addition, please restate the question in its entirety
before the answer.
Due to the delay in receiving mail, please provide your response to
Ms. Orfa Torres by fax at (202) 225-2034. If you have any questions,
please call (202) 226-5491.
Sincerely,
Stephanie Herseth Sandlin
Chairwoman
JL/ot
__________
Deliverable from the House Committee on Veterans' Affairs
Subcommittee on Economic Opportunity
Hearing on Status of Veterans Employment
April 15, 2010
Questions for the Record:
Questions: Are all the Disabled Veterans' Outreach Program
Specialists and Local Veterans' Employment Representatives performing
adequately?
Response: Based upon performance metrics, the Disabled Veterans'
Outreach Program Specialists (DVOPs) and Local Veterans' Employment
Representatives (LVERs) are presently performing adequately. For the
last program year, the entered employment rate (EER) achieved by all
job seekers served at One-Stop Career Centers was 60 percent and the
employment retention rate (ERR) was 80 percent. Veteran job seekers
served by DVOPs and LVERs achieved an EER of 60 percent and an ERR of
81 percent. In addition the Veterans served by DVOPs and LVERs achieved
average annual earnings of approximately $32,000, compared with average
annual earnings of approximately $22,000 achieved by all job seekers.
Question 2: Which groups of Veterans are struggling the most with
employment?
Response: The unemployment rate for Veterans 20 to 24 years of age
has consistently exceeded that for non-Veterans. In 2009, the
unemployment rate for these Veterans was 21.1 percent, which translates
to an estimated 50,000 unemployed young Veterans in this age group.
However, about 9 months after discharge, the unemployment rate for
young Veterans decreases to a lower level than the unemployment rate
for young non-Veterans. For older age groups, the unemployment rates of
Veterans and non-Veterans are similar. In April 2010, for example, the
unemployment rates were 9.3 percent for non-Veterans and 9.1 percent
for Veterans.
Disabled Veterans also continue to experience lower employment
rates than other Veterans. According to the Bureau of Labor Statistics,
only 71 percent of disabled Veterans from the Gulf War era II are
employed, compared with 76.1 percent of nondisabled Veterans from that
period.
The Veterans' Employment and Training Service VETS has established
two programs specifically designed to address the employment needs of
disabled Veterans. Our Recovery and Employment Assistance Lifelines
(REALifelines) program provides one-on-one services to our wounded
warriors to ease their transition into civilian employment. We have
full-time REALifelines coordinators stationed at military treatment
facilities to provide services to wounded, ill, or injured personnel.
We also initiated an outreach project called America's Heroes at
Work. This initiative educates employers on issues affecting
Servicemembers and Veterans who are living with Post-Traumatic Stress
Disorder (PTSD) and/or Traumatic Brain Injury (TBI). This is a joint
initiative with DOL's Office of Disability Employment Policy (ODEP) to
help Veterans succeed in the workplace. This is a collaborative effort
with the Departments of Defense, Veterans Affairs and Health and Human
Services.
VETS also collaborates with VA's Vocational Rehabilitation and
Employment (VR&E) program to serve disabled Veterans seeking
employment. DVOPs identified as Intensive Service Coordinators are
assigned to each VA regional office to ensure that Veterans
participating in VR&E who are in need of employment services are
appropriately referred and receive the services they need.
Question 3: In your testimony you state that you will begin a pilot
program that will offer tailored intensive services. What services are
you looking to offer and what type of Veterans are you seeking to
target?
Response: We are refocusing the efforts of DVOPs to increase the
delivery of specialized intensive services. DVOPs will provide
intensive services to meet the employment needs of eligible Veterans
with emphasis on economically or educationally disadvantaged Veterans
and other Veterans with barriers to employment. The full range of
intensive services identified under the Workforce Investment Act
include: (1) comprehensive assessments, such as in-depth interviewing
to identify employment barriers and employment goals; (2) development
of individual employment plans; (3) group counseling; (4) individual
counseling and career planning; (5) case management; and (6) other
services, such as job-interviewing skills.
Question 4: Many Veteran service organizations raise concerns that
Veterans are not getting priority of service. With shrinking State
budgets how does DOL check to see that Veterans do get priority of
service?
Response: We share the concerns expressed by the Veterans' Service
Organizations (VSOs) that the intent of priority of service has not yet
been fully achieved. However, VETS is collaborating closely with the
Employment and Training Administration (ETA) to advance the
implementation of priority of service. For example, ETA and VETS
conduct an annual review of Veteran participation in all Department of
Labor-funded workforce programs to evaluate priority of service.
Joint planning is also underway between VETS and ETA to assure
priority of service is addressed in each State's performance plan. We
have also initiated joint program reviews with ETA at the State level
in order to monitor the implementation of priority of service. In
November 2009, VETS and ETA issued joint guidance to the States
following up on the priority of service regulations, which became
effective in January 2009. It should be noted that VETS will continue
to focus considerable effort on meeting priority of service
requirements.
Question 5: Have the small businesses in the U.S. Chamber of
Commerce raised any issues or concerns in hiring Veterans?
Response: VETS is engaged with the U.S. Chamber of Commerce, which
has committed to providing our VETS team with access to their local
chapters. This will improve access to employers for our State Veteran
representatives. At a recent meeting sponsored by the U.S. Chamber of
Commerce's National Chamber Foundation and hosted by Assistant
Secretary Kathy Martinez from our Office of Disability Employment
Policy (ODEP) and myself, the following concerns were expressed by the
employers in attendance:
Matching the skill sets of Veteran candidates to
employers' needs
Information on Veterans' disabilities by employers if
accommodations are required
Agreement to a common point of access for employers to
post job openings and for Veterans to post resumes
Assistance for employers to determine the transferability
of Veterans' military skills to the civilian sector
In order to respond to these concerns, we are reaching out through
our State Directors to collaborate with State and local Chambers of
Commerce. We are also working with the Society for Human Resource
Management (SHRM) to enhance corporate hiring managers' appreciation
for the value that Veterans bring to their organizations.
Question 6: According to the American Legion testimony, ``Public
Law 107-288 eliminated the requirement DOL-VETS review all workforce
centers annually and this has minimized Federal oversight of the
programs. The Assistant Secretary has drastically cut funds for this
activity and established a policy that only 10 percent of the centers
operated under title 38, USC, will be reviewed.'' In your opinion was
this the right decision, and if so, why?
Response: The policy referenced in the American Legion's testimony
was issued by VETS in 2004. We are currently reviewing this policy with
the intent to make any needed improvements. We will advise the American
Legion, and other VSOs of any policy changes.
Question 7: Why does the Veterans Workforce Investment Program
operate in 15 States only?
Question 7(a): Is there a need to expand it?
Response: The number and locations of Veterans' Workforce
Investment Program (VWIP) grantees are based on budgetary
considerations and the quality of the proposals that are submitted. The
FY 2009 appropriation of $7.6 million supports 17 grants. Grants are
competitively awarded based on merit. For FY 2010, VETS received an
additional $2 million in VWIP funding, which will allow us to fund four
additional grants. The FY 2011 budget request will allow us to maintain
that level of effort.
Question 8: You plan to raise awareness that spouses are eligible
to attend Transition Assistance Program. What role will DoD play in the
awareness program?
Response: DOL/VETS shares responsibility for the Transition
Assistance Program (TAP) with the Departments of Defense (DoD),
Veterans Affairs (VA) and Department of Homeland Security (DHS). The
TAP Employment Workshop is the DOL/VETS component that is also
available to spouses. DOL/VETS is the co-chair of the TAP Steering
Committee which includes representatives from DoD, VA and DHS. The
Steering Committee is involved in the efforts to design a targeted
strategy to reach out to military spouses by encouraging them to attend
TAP Employment Workshops. The Steering Committee, through the Military
Services, is engaging the Family Support Centers to play a key role in
raising spouses' awareness about the opportunity to attend TAP
Employment Workshops.
Question 9: How big is the Veteran prison population?
Response: According to a 2007 Bureau of Justice Statistics report,
the estimated number of Veterans incarcerated in State and Federal
prisons is 156,000.
Question 10: What are the locations for the 17 grants awarded for
Veterans' Green Energy Jobs?
Response: The locations of the current 17 VWIP Grantees are listed
below.
PY 2009 VWIP Grantees
----------------------------------------------------------------------------------------------------------------
State Grantee Name City
----------------------------------------------------------------------------------------------------------------
AZ County of Pima Tucson
----------------------------------------------------------------------------------------------------------------
CA Swords to Plowshares San Francisco
----------------------------------------------------------------------------------------------------------------
CA United States Veteran Initiative Long Beach
----------------------------------------------------------------------------------------------------------------
CO Colorado Department of Labor and Employment Denver
----------------------------------------------------------------------------------------------------------------
CT The Workplace Inc. Bridgeport
----------------------------------------------------------------------------------------------------------------
IN Indiana Department of Workforce Development Indianapolis
----------------------------------------------------------------------------------------------------------------
MA Commonwealth of Massachusetts Boston
----------------------------------------------------------------------------------------------------------------
MA Veterans Inc. (formerly Massachusetts Veterans Worcester
Inc)
----------------------------------------------------------------------------------------------------------------
MD Way Station, Inc. Frederick
----------------------------------------------------------------------------------------------------------------
MN RESOURCE, Inc. Minneapolis
----------------------------------------------------------------------------------------------------------------
NC Asheville Buncombe Community Christian Ministry Asheville
Inc.
----------------------------------------------------------------------------------------------------------------
NY Veterans Outreach Center, Inc. Rochester
----------------------------------------------------------------------------------------------------------------
OK East Central University Ada
----------------------------------------------------------------------------------------------------------------
OR Community Solutions for Clackamas County Oregon City
----------------------------------------------------------------------------------------------------------------
PA Commonwealth of Pennsylvania, Dept.: Labor and Harrisburg
Industry
----------------------------------------------------------------------------------------------------------------
TX American G.I. Forum National Veterans Outreach San Antonio
Program, Inc.
----------------------------------------------------------------------------------------------------------------
TX Goodwill Industries of Houston, Inc. Houston
----------------------------------------------------------------------------------------------------------------
Thank you for the opportunity to respond to these questions for the
record.
Committee on Veterans' Affairs
Subcommittee on Economic Opportunity
Washington, DC.
April 20, 2010
Ms. Christine M. Griffin
Deputy Director
Office of Personnel Management
1900 E Street NW
Washington, DC 20415
Dear Ms. Griffin:
I would like to request your response to the enclosed questions for
the record and deliverable I am submitting in reference to our House
Committee on Veterans' Affairs Subcommittee on Economic Opportunity
hearing on the Status of Veterans Employment on April 15, 2010. Please
answer the enclosed hearing questions by no later than Tuesday, May 18,
2010.
In an effort to reduce printing costs, the Committee on Veterans'
Affairs, in cooperation with the Joint Committee on Printing, is
implementing some formatting changes for material for all full
Committee and Subcommittee hearings. Therefore, it would be appreciated
if you could provide your answers consecutively on letter size paper,
single-spaced. In addition, please restate the question in its entirety
before the answer.
Due to the delay in receiving mail, please provide your response to
Ms. Orfa Torres by fax at (202) 225-2034. If you have any questions,
please call (202) 226-5491.
Sincerely,
Stephanie Herseth Sandlin
Chairwoman
JL/ot
__________
United States Office of Personnel Management
Responses to Questions for the Record
Hearing on the Status of Veterans Employment
Held on April 15, 2010
Question 1: What is OPM doing to educate hiring managers on the
various hiring authorities?
Response: OPM is currently in the process of designing and
developing mandatory annual training for hiring managers and human
resources (HR) practitioners on veterans' preference and special
veterans' hiring authorities, as mandated by Executive Order (E.O.)
13518. Veterans' preference eligibility (preference eligibles) includes
certain non veteran individuals, such as widows and widowers, spouses,
and mothers, who derive their preference from the death or disability
of a veteran. In addition, we are developing training on the Uniformed
Services Employment and Reemployment Rights Act (USERRA), and
noncompetitive appointment of military spouses as part of this
initiative.
We will ensure that this training can be deployed in the GoLearn/
USALearning environment and ensure that reports on individuals who have
completed the training can be tracked.
Finally, we are planning to hold a Veterans Employment Symposium
for agencies to ensure that Veterans Employment Program Offices and
hiring managers have a firm foundation of knowledge, information,
resources, and best practices regarding veterans' employment. The
primary goal of this symposium is to provide a learning forum to
discuss strategies and issues relating to the employment of veterans.
The symposium will consist of presentations, workshops, and panel
discussions on a wide variety of issues that impact the current state
of veterans' employment in the Federal Government.
Question 2: The Committee has often heard that the Federal Career
Intern Program is often used to by-pass veterans preference. Can you
assure us that this is not happening?
Response: The term `veterans preference' usually refers to the
addition of points to a veteran's final score when competing for a
competitive service appointment.
The Federal Career Intern Program (FCIP) involves an excepted
service appointment at the outset. Agencies making appointments
pursuant to the excepted service are not required to use points. The
excepted service offers a range of approaches to the selection of
candidates, each affording veterans their preference. When points are
used, veterans receive their points in the usual way. When points are
not used, veterans' preference is applied in other ways, pursuant to
OPM regulations.
In all cases, whether or not points are used, veterans must receive
the preference afforded them in law for that specific type of
appointment.
OPM's mission ensures that veterans get the appropriate
consideration and preference for every type of appointment. It also
guarantees veterans that safeguards are in place, and that they have
all the pertinent information needed to pursue their rights.
Consistent with the President's May 11, 2010 memorandum, OPM also
plans on evaluating FCIP and providing the President with
recommendations on that program.
Question 3: You referred to employed veteran on page two of your
testimony. Can you tell us what employed entails in this case such as:
full-time, part-time, interns, contractors, paid fellows, etc.?
In my testimony, I referred to the more than half a million
veterans employed by the Executive Branch of the Federal Government
according to our central personnel database file. These veterans may be
full or part-time, seasonal, student, or other types of Federal
employees. Companies who do business with the Federal Government and
their employees (referred to as contractors) are not counted in this
number.
Question 4: During a visit to a military base a veteran expressed
concern about the age limit in some law enforcement agencies. Should
the age limit requirement of 37 for law enforcement jobs be increased
to 45 for veterans who bring the same skills?
Response: Based on controlling case law, qualified preference
eligibles may now apply and be considered for vacancies regardless of
whether they exceed the maximum entry age requirements identified at 5
U.S.C. Sec. 3307. In order to determine whether it must waive a maximum
entry-age requirement, an agency must first analyze the affected
position to determine whether age is essential to the performance of
the position. If the agency decides age is not essential to the
position, then it must waive the maximum entry-age requirement for
veterans' preference eligible applicants. In instances where the
maximum entry-age is waived, the corresponding mandatory retirement age
for these individuals will also be higher because it will be reached
after 20 years of Law Enforcement Officer (LEO) service for the
entitlement to an immediate enhanced annuity.
Question 5: Is it correct that for fiscal year 2008 the Federal
Career Intern Program hiring accounted for 50 percent of the new
professional/administrative hires at GS 5 to GS 9 levels?
Response: Yes. For fiscal year 2008, the amount of full time
permanent (FTP) FCIP new hires was 56.9 percent, or 14,734 out of
25,904 total FTP new hires for that year.
FCIP has been referenced in a number of studies conducted by the
Merit Systems Protection Board's Office of Policy and Evaluation and
was the exclusive focus of a 2005 study entitled ``Building High-
Quality Workforce: The Federal Career Intern Program.'' (See http://
www.mspb.gov/netsearch/viewdocs.aspx?docnumber=224108&
version=224327&application=ACROBAT). The 2005 study surveyed FCIP in
detail and highlighted certain perceived advantages of the program,
including the ability to use more streamlined hiring processes and the
ability to use the entire internship (typically 2 years) as a trial
period to assess the qualifications and performance of the intern
against established standards. It is likely that some of the growing
interest in the program has resulted from such publicity.
However, consistent with the President's Memorandum, issued on May
11, 2010, OPM is currently reviewing FCIP and will make a
recommendation within 90 days.
Question 6: Since hiring with the Federal Career Intern Program can
be done without public notice is it limiting fair and open competition?
Response: Although public notice (i.e., advertising through
USAJOBS.gov) is not required when filling jobs under FCIP, competition
is not necessarily limited. Agencies may choose to advertise FCIP
positions on USAJOBS.gov; agencies may choose to advertise on their own
Web sites; or agencies may choose to use other social media. In
addition, because FCIP positions are entry level, FCIP is often used as
an on-campus recruiting tool; thereby advertising the positions on
college campuses.
Question 7: Do you have any preliminary results from the
implementation of Executive Order 13518?
Response: In our efforts to implement E.O. 13518, Federal agencies
have begun the process of building an infrastructure to support the
E.O. Since the signing of the E.O., OPM has launched a Governmentwide
marketing campaign to brand ``America's Veteran.'' In addition, we
opened a Governmentwide and internal Veterans Services Office; launched
an information portal www.fedshirevets.gov on Federal employment for
veterans; released the Governmentwide Veterans Recruitment and
Employment Strategic Plan; and are currently reviewing agency
operational plans for adherence to the Governmentwide strategic plan.
Currently, all agencies covered under the E.O. have established
Veteran Employment Program Offices and are providing employment
services to veterans.
Question 8: On average are Federal agencies consciously hiring
veterans or is more of coincidence?
Response: Federal agencies are striving to recruit and hire the
best applicants, and veterans are among the best qualified applicants
seeking Federal employment.
Question 9: According to VA testimony, OPM references Veterans
Employment Coordination Service as a model for establishing Veterans'
employment offices within Federal departments. Why?
Response: The Veterans Employment Coordination Service was used as
a model because the service was established, fully functioning, and
producing results. Additionally, it demonstrated to other Federal
agencies how dedicated resources to the employment of veterans in a
Department or agency could operate.
Question 10: In your written testimony you state that OPM has
modified practices on how an agency pursues a request to ``pass over''
a preference eligible. How was this modified?
Response: We recently modified our procedures concerning an
agency's request to pass over a preference eligible with a compensable
service-connected disability of 30 percent or more for an excepted
service position. In the past, agencies acted on such actions
themselves. However, to ensure full compliance with controlling case
law, we are requiring agencies to send pass over requests to us for
adjudication. These procedures apply only to excepted service positions
covered under title 5, United States Code, which have been excepted
from the competitive service by the President or by OPM.
Therefore, at this time, pass over requests for veterans with a 30
percent or more compensable service-connected disability have to go to
through OPM. This includes positions in the excepted and competitive
service.
Question 11: Does OPM have an idea of what is the picture of the
average veteran? Are they educated, have experience, non/combat arms,
are jobs white collar or blue collar.
Veterans comprise approximately 25 percent of Federal Executive
Employment with the following general characteristics:
Male: 84 percent, Female: 16 percent;
No Disability/Not Identified: 91 percent, Disabled: 9
percent
White collar: 83 percent, Blue collar: 17 percent
Minority: 32 percent, Non-minority: 68 percent
With Bachelors: 35 percent, Without Bachelors: 65 percent
Average age: 49
Average salary: $67,603
Question 12: Can you elaborate on your partnership with VA on the
Vocational Rehabilitation and Employment Program?
Response: Since the inception of E.O. 13518, VA has been an
integral partner to this initiative along with the Departments of
Defense, Labor and Homeland Security. Our partnership is based on
ensuring that we leverage the resources of not only the Vocational
Rehabilitation and Employment program, but all the available resources
that the Department of Veterans Affairs brings to bear for the
training, recruitment, and employment of veterans and the success of
this initiative.
Question 13: Is OPM going to introduce a more rigorous Federal
Career Intern Program and if so what are the changes to the current
version?
In accordance with the May 11, 2010 Presidential Memorandum--
Improving the Federal Recruitment and Hiring Process, we will evaluate
FCIP as established by E.O. 13162 of July 6, 2000. In addition we will
provide recommendations concerning the future of that program, and
propose a framework for providing effective pathways into the Federal
Government for college students and recent college graduates.
Question 14: How often does OPM check Federal agencies for
compliance with current law?
OPM's Merit System Audit and Compliance (MSAC) conducts rigorous
oversight to ensure that Federal agencies comply with merit system
principles, veterans' preference, and related H.R. laws and
regulations. The frequency of OPM's H.R. audits varies based on agency
size and OPM requirements.
We audit H.R. programs at small agencies on a 4-year cycle. The
larger departments and agencies are required by OPM regulation to
assess their own H.R. programs periodically with OPM's guidance and
participation. Some large departments and agencies self-assess their
entire H.R. operations every 2 years. The largest agencies in
government may take longer. For agencies with longer self-assessment
cycles, OPM will fill in the gap by independently auditing the
agencies' use of delegated hiring authority. OPM will generally audit
every delegated examining unit in government every 3 years.
In FY 2009, OPM conducted independent H.R. audits at 92 Federal
installations and 170 delegated examining units. OPM also participated
as full partners in an additional 176 agency-led H.R. audits. In each
of these audits, OPM ensured that these agencies followed veterans'
preference and adhered to merit system principles.
Committee on Veterans' Affairs
Subcommittee on Economic Opportunity
Washington, DC.
April 20, 2010
Mr. Willie Hensley
Principal Deputy Assistant Secretary for
Human Resources and Administration
U.S. Department of Veterans Affairs
810 Vermont Avenue, NW
Washington, D.C. 20420
Dear Mr. Hensley:
I would like to request your response to the enclosed questions for
the record and deliverable I am submitting in reference to our House
Committee on Veterans' Affairs Subcommittee on Economic Opportunity
hearing on the Status of Veterans Employment on April 15, 2010. Please
answer the enclosed hearing questions by no later than Tuesday, May 18,
2010.
In an effort to reduce printing costs, the Committee on Veterans'
Affairs, in cooperation with the Joint Committee on Printing, is
implementing some formatting changes for material for all full
Committee and Subcommittee hearings. Therefore, it would be appreciated
if you could provide your answers consecutively on letter size paper,
single-spaced. In addition, please restate the question in its entirety
before the answer.
Due to the delay in receiving mail, please provide your response to
Ms. Orfa Torres by fax at (202) 225-2034. If you have any questions,
please call (202) 226-5491.
Sincerely,
Stephanie Herseth Sandlin
Chairwoman
JL/ot
__________
Questions for the Record
The Honorable Stephanie Herseth Sandlin
House Committee on Veterans' Affairs
Subcommittee on Economic Opportunity
Status of Veterans Employment
April 15, 2010
Question 1: VA ranks first among non-Defense agencies in the number
of Veterans hired. What is VA doing differently from other Federal
agencies to account for the numbers?
Response: Helping Veterans overcome some of the employment
challenges was a primary reason for establishing the VA National
Veterans Employment Program (NVEP) in 2001, and more recently, the
Veterans Employment Coordination Service in 2007. Under these
initiatives, Veterans learn valuable information about Veterans'
preference and how to use it effectively to gain employment in the
Federal Government. They also learn key aspects of how to maneuver
through the Federal hiring process and how special hiring authorities
established specifically for Veterans can assist them in the selection
process. These efforts provided dedicated, full-time employees to the
mission of attracting, recruiting, and hiring Veterans in the
Department. We aggressively pursue outreach to Veterans at Veteran or
Military-related career fairs, and work with both the Army's Wounded
Warrior Program and the Marine Corps' Wounded Warrior Regiment to
identify potential Veteran applicants. At the same time, we encourage
our hiring managers, selecting officials, and Human Resources
professionals to make maximum use of the provisions of Veterans'
preference and the non-competitive appointing authorities available to
hire Veterans.
Question 2: Can you elaborate on how the Veteran Employment
coordinators came about, its size, and day-to-day duties?
Response: In November, 2007, the Secretary of Veterans Affairs
announced the creation of the Veterans Employment Coordination Service
within the Office of Human Resources Management to attract, recruit,
and hire Veterans into VA nationwide, particularly severely injured
Veterans from Iraq and Afghanistan.
In addition to the Director and Deputy, the office consists of nine
Regional Veterans Employment Coordinators (VECs) located throughout the
U.S. to focus these efforts within the VA and to work with those
Veterans interested in employment at VA locations nationwide.
Regional VECs are located in Seattle, WA; San Diego, CA; Denver,
CO; San Antonio, TX; Augusta, GA; Louisville, KY; Fayetteville, NC; New
York City, NY, and Washington, DC.
Regional VECs also work closely with over 200 previously-
established collateral duty VECs at local Human Resources offices
nationwide to identify potential employment opportunities and work with
selecting officials.
Regional VECs assist Veterans by providing hands-on case management
to include:
Skills qualification and career match
Introduction to VA careers
Resume and Knowledge, Skills and Ability (KSA)
preparation
Job interview techniques
Collaboration with Vocational Rehabilitation and
Employment Service
Veterans Employment Coordination Service conducts monthly Local VEC
Conference Calls to disseminate information, coordinate efforts, and
discuss best practices (calls average between 60-75 participants).
By helping to ensure that managers and supervisors throughout the
VA are aware of the special hiring authorities at their disposal, VA
hopes to open opportunities to Veteran employment.
Question 3: What existing authorities does the Interagency Council
on Veterans Employment seek to leverage and what new strategies have
been identified to recruit and hire homeless Veterans.
Response: VA seeks to maximize the understanding and use of
existing Veterans employment authorities to include the Veterans
Employment Opportunities Act, Veterans Recruitment Appointment, and 30
percent or more Service-connected disabled Veterans appointment
authority. In addition, the Interagency Council on Veterans Employment
has established a working group chaired by VA's Assistant Secretary for
Human Resources and Administration, to look specifically at these
existing authorities and make any recommendations to improve or expand
those authorities. Those recommendations are due to the Council by mid-
July 2010.
Question 4: Is the National Recruitment Initiative limited to
hiring only people with a medical background?
Response: The National Recruitment Initiative is limited to hiring
medical professionals to improve recruitment of hard to fill positions
within the Veterans Health Administration (VHA). The program provides
guidance and support to Veterans Integrated Service Networks (VISN)
recruiters in development of student employment and internship programs
to build student recruitment pipelines. It also focuses on engaging
hiring managers in the process to profile skill sets of highly
qualified candidates.
The Hiring Recruitment Initiative generates cost-savings by
consolidating recruitment and marketing efforts across geographic
regions. It also has resulted in reduced contracting costs in some
areas. Through this initiative VA actively applies a wide variety of
private sector recruitment and social networking strategies to identify
potential candidates for specific positions. VA intends to expand the
National Recruitment Initiative program and conceivably use it to
recruit for administrative positions as well.
Question 5: In the written testimony you mentioned that OPM
references Veterans Employment Coordination Service as a model for
establishing Veterans' employment offices within other Federal
agencies. What agencies have been referred to the VA?
Response: The Director of the VA Veterans Employment Coordination
Service presented an informational briefing during a recent Office of
Personnel Management-sponsored Chief Human Capital Officers Training
Academy forum. In addition, the Director and Deputy Director provided
in-depth presentations to Human Resources officers at: State
Department, NASA, Department of Health and Human Services, Department
of Commerce, Environmental Protection Agency, Department of Education,
and the National Institutes of Health.
Question 5(a): Of those agencies, which have successfully
established a Veterans Employment Coordination Service?
As of March, 2010, all of the Chief Human Capital Officer (CHCO)
agencies including those listed above have established a Veteran
Employment Program Office in accordance with the recent Veterans
Employment Initiative launched by the President's November 2009
Executive Order.
Question 6: How does the VA work to help homeless Veterans who are
interested in working for the VA but are faced with some or all of the
deterring aspects that you mentioned, such as being unable to commute
to interviews or worksites or being unable to dress suitably for a job
interview?
Response: VA's Compensated Work Therapy program helps Veterans
obtain job skills to include preparing resumes and learning
interviewing techniques. VA also provides a transportation subsidy to
assist Veterans in getting to interviews. Additionally, VA collaborates
with the Department of Labor's Homeless Veteran Reintegration Program
to assist Veterans in both preparing for, and gaining, employment. VA's
Vocational Rehabilitation and Employment Service helps disabled
Veterans with job preparation and training needs.
Question 7: Has the VA previously hired any homeless Veterans?
Response: Although VA does not currently have a listing of the
number of previously homeless Veterans employed by VA, we do know that
thousands have received VA services. By informal reports VA is aware of
several hundred Veterans being hired each year through supportive
employment programs with many eventually serving in full time
employment in a variety of positions. VA will focus on a means to
capture how many Veterans participated in a homeless program in the
past and now work for VA. In the future, the homeless registry will
provide us with real time information.
Question 8: Regarding the 90,000 hires, is this strictly full-time
employees or does this include others such as paid interns, fellows,
part-time employees and contractors?
Response: The 90,000 Veteran employees include full-time and part-
time employees and intermittent work schedules including student
trainees. This does not include medical residents, those on extended
leave without pay, volunteers or contractors.