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Veterans priority in DOL training programs
Summary ETA and the Veterans’ Employment and Training Service instructed DOL-funded job-training programs on priority of service for veterans and eligible spouses, including eligibility, access, notice and reporting. Four attachments provide implementation and reporting materials. The letter rescinded TEGL 5-03, and ETA still lists it Active.
Document
Federal guidance
Agency
U.S. Department of Labor, Employment and Training Administration (ETA)
Document number
TEGL No. 10-09
Date issued
November 10, 2009
Status
Active
ETA lists this joint ETA/VETS advisory Active as of 2026-10-24; its signed letter expressly rescinds TEGL 5-03 and prints Expiration Date: Continuing.
Status last verified October 24, 2026
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About this page: The full text below is the official document from U.S. Department of Labor, Employment and Training Administration (ETA). Ezel adds the plain-English summary and tracks the document's status. The official source linked on this page is authoritative for any reliance.
Accessible letter PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2009/TEGL10-09acc.pdf
CLASSIFICATION
EMPLOYMENT AND TRAINING ADMINISTRATION Priority of Service for Veterans and Eligible
ADVISORY SYSTEM Spouses
U.S. DEPARTMENT OF LABOR CORRESPONDENCE SYMBOL
Washington, D.C. 20210 OWI
DATE
November 10, 2009
TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 10-09
TO: STATE WORKFORCE AGENCIES
STATE WORKFORCE ADMINISTRATORS
STATE WORKFORCE LIAISONS
STATE AND LOCAL WORKFORCE BOARD CHAIRS AND
DIRECTORS
STATE LABOR COMMISSIONERS
ONE-STOP CAREER CENTERS
WORKFORCE INVESTMENT ACT SECTION 166 INDIAN AND
NATIVE AMERICAN GRANTEES
WORKFORCE INVESTMENT ACT SECTION 167 MIGRANT AND
NATIONAL FARMWORKER JOBS PROGRAM GRANTEES
WORKFORCE INVESTMENT ACT SECTION 204 SENIOR COMMUNITY
SERVICE EMPLOYMENT PROGRAM (SCSEP) GRANTEES
EMPLOYMENT AND TRAINING ADMINISTRATION REGIONAL
ADMINISTRATORS
SUB-RECIPIENTS OF DEPARTMENT OF LABOR FUNDS
FROM: JANE OATES /s/
Assistant Secretary
Employment and Training Administration
RAYMOND M. JEFFERSON /s/
Assistant Secretary
Veterans’ Employment and Training Service
SUBJECT: Implementing Priority of Service for Veterans and Eligible Spouses in all
Qualified Job Training Programs Funded in whole or in part by the U.S.
Department of Labor (DOL)
RESCISSIONS EXPIRATION DATE
Training Employment and Guidance Letter 5-03 Continuing
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1. Purpose. The purpose of this Training and Employment Guidance Letter (TEGL) is
to provide information to assist and support those agencies and other grantees that
receive funds from the Department to operate qualified job training programs in the
implementation of the Priority of Service for Veterans and Eligible Spouses Final
Rule. This joint guidance is being issued concurrently by the Employment and
Training Administration (ETA) and the Veterans’ Employment and Training Service
(VETS). Veterans’ Program Letter 07-09 is the VETS guidance that corresponds to
this TEGL.
2. References.
Veteran’s Benefits, Title 38, United States Code (U.S.C.), Section 101(2) (38 U.S.C.
101(2))
Eligibility Requirements for Veterans Under Federal Employment and Training
Programs, 38 U.S.C. 4213,
The Jobs for Veterans Act (JVA) of 2002, Public Law (P.L.) 107-288, section 2(a)
codified at 38 U.S.C. 4215,
Veterans’ Benefits, Health Care and Information Technology Act of 2006, P.L.
109- 461
Priority of Service for Covered Persons Final Rule, 20 CFR Part 1010, Fed. Reg.
78132 Dec.19, 2008
Training and Employment Guidance Letter (TEGL) 5-03 (rescinded by this
TEGL)
3. Background. On November 7, 2002, the Jobs for Veterans Act (JVA), Public Law
(P. L.) 107-288 was signed into law. One provision of the JVA, codified at 38 U.S.C.
4215, establishes a priority of service requirement for covered persons (i.e., veterans
and eligible spouses, including widows and widowers, as defined by this statute) in
qualified job training programs.
Since the passage of the JVA, ETA and VETS have provided policy guidance to the
workforce investment system regarding the implementation of priority of service,
including ETA’s issuance of TEGL 05-03 in September 2003. On December 22, 2006,
the Veterans’ Benefits, Health Care, and Information Technology Act of 2006 (P.L.
109-461) was enacted. Section 605 of that statute requires the Department to
implement priority of service via regulation, and 20 CFR Part 1010, published on
December 19, 2008, reflects the Department’s response to that statutory requirement.
The Final Rule took effect on January 19, 2009. While recipients of DOL funds for
qualified job training programs have been required to provide priority of service
since 2002, the publication of the Final Rule signals that those recipients subject to
the regulations should review, and if necessary, enhance their current policies and
procedures to ensure that adequate protocols are in place.
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4. Scope of the Requirement. Recipients (and sub-recipients) of DOL funds for
qualified job training programs are subject to the priority of service regulations, and
are required by law to provide priority of service to veterans and eligible spouses.
The Final Rule defines: a) “recipient” to mean an entity to which Federal financial
assistance, in whole or in part, is awarded directly from the Department or through
sub-award for any qualified job training program; and, b) “qualified job training
program” to mean any program or service for workforce preparation, development,
or delivery that is directly funded, in whole or in part, by the Department of Labor
(20 CFR 1010.110). For the purpose of this guidance, the term “program operator” is
intended to refer to a recipient or a sub-recipient of DOL funds for a qualified job
training program.
Agreement by a program operator to implement priority of service is a condition of
receipt of DOL funds. Therefore, the requirement to provide priority of service
applies to all Workforce Investment Act (WIA) and Wagner-Peyser funded
activities, including technology-assisted activities; the Senior Community Service
Employment Program (SCSEP); Indian and Native American Programs (INAP);
National Farmworker Job Training Programs (NFJP); Trade Adjustment Assistance
Programs (TAA); job training programs funded through the Women’s Bureau, and
any other current or future qualified job training program. Additionally, all
program operators are required to ensure that priority of service is applied by all
sub-recipients of DOL funds. All program activities issued or executed by program
operators, regardless of how they are procured, must be administered in compliance
with priority of service requirements.
5. Role of States and Local Areas under the Workforce Investment Act (WIA). Under
the Final Rule and WIA planning guidelines (TEGL 14-08), States are required to
address priority of service in their comprehensive strategic plan for the State’s
workforce investment system. To meet this requirement, each State, District, or U.S.
territory must develop policies for the delivery of priority of service by the State
Workforce Agency or Agencies, Local Workforce Investment Boards, and One-Stop
Career Centers for all qualified job training programs delivered through the State’s
workforce system. The policy or policies must require that processes are in place to
ensure that veterans and eligible spouses are identified at the point of entry and
given an opportunity to take full advantage of priority of service. The purpose of
these processes is to ensure that veterans and eligible spouses are aware of: (1) their
entitlement to priority of service; (2) the full array of employment, training, and
placement services available under priority of service; and (3) any applicable
eligibility requirements for those programs and/or services. States’ policies must
require each Local Workforce Investment Board to develop and include in its
strategic local plan, policies and procedures implementing priority of service for the
local One-Stop Career Centers and for service delivery by local workforce
preparation and training providers. Written copies of local priority of service
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policies should be maintained at all service delivery points and, to the extent
practicable, should be posted in a way that makes it possible for members of the
general public to easily access them.
6. Eligibility for Priority of Service. Veterans and eligible spouses, including widows
and widowers as defined in the statute and regulations, are eligible for priority of
service. For the purposes of implementing priority of service, the Final Rule requires
that program operators use the broad definition of veteran found in 38 U.S.C. 101(2).
Under this definition, the term “veteran” means a person who served at least one
day in the active military, naval, or air service, and who was discharged or released
under conditions other than dishonorable, as specified in 38 U.S.C. 101(2). Active
service includes full-time Federal service in the National Guard or a Reserve
component. This definition of “active service” does not include full-time duty
performed strictly for training purposes (i.e., that which often is referred to as
“weekend” or “annual” training), nor does it include full-time active duty
performed by National Guard personnel who are mobilized by State rather than
Federal authorities (State mobilizations usually occur in response to events such as
natural disasters).
“Eligible spouse” as defined at section 2(a) of the JVA (38 U.S.C. 4215[a]) means the
spouse of any of the following:
a. Any veteran who died of a service-connected disability;
b. Any member of the Armed Forces serving on active duty who, at the time of
application for the priority, is listed in one or more of the following categories
and has been so listed for a total of more than 90 days:
i. Missing in action;
ii. Captured in the line of duty by a hostile force; or
iii. Forcibly detained or interned in the line of duty by a foreign government
or power;
c. Any veteran who has a total disability resulting from a service-connected
disability, as evaluated by the Department of Veterans Affairs; or
d. Any veteran who died while a disability was in existence. A spouse whose
eligibility is derived from a living veteran or service member (i.e., categories
b. or c. above) would lose his or her eligibility if the veteran or service
member were to lose the status that is the basis for the eligibility (e.g. if a
veteran with a total service-connected disability were to receive a revised
disability rating at a lower level). Similarly, for a spouse whose eligibility is
derived from a living veteran or service member, that eligibility would be lost
upon divorce from the veteran or service member.
The priority of service regulations refer to those veterans and spouses who are
eligible for priority of service as “covered persons” and refer to those not eligible for
priority of service as “non-covered persons.” In the interest of specificity, this
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guidance refers to those eligible as “veterans and eligible spouses.” However, in the
interest of brevity, this guidance also adopts the regulatory terminology by referring
to those who are not eligible as “non-covered persons.”
7. Understanding What it Means to Provide Priority of Service. Priority of service
means that veterans and eligible spouses are given priority over non-covered
persons for the receipt of employment, training, and placement services provided
under a qualified job training program. Priority means that veterans and eligible
spouses are entitled to precedence over non-covered persons for services. This
means that a veteran or an eligible spouse either receives access to a service earlier in
time than a non-covered person or, if the resource is limited, the veteran or eligible
spouse receives access to the service instead of or before the non-covered person.
It is important to note that state and local program operators do not have the
discretion to establish further priorities within the overall priority established by the
regulations. The Jobs for Veterans Act reserves that authority to the Secretary of
Labor and it was not exercised in the current regulations.
For a service such as classroom training, priority of service applies to the selection
procedure, as follows. First, if there is a waiting list for the formation of a training
class, priority of service is intended to require a veteran or eligible spouse to go to
the top of that list. Second, priority of service applies up to the point at which an
individual is both: a) approved for funding; and, b) accepted or enrolled in a
training class. Therefore, once a non-covered person has been both approved for
funding and accepted/enrolled in a training class, priority of service is not intended
to allow a veteran or eligible spouse who is identified subsequently to “bump” the
non-covered person from that training class. Section 10 of this policy guidance
provides additional detail regarding the ways that priority of service applies in the
context of other statutory and discretionary priorities.
8. Identifying Veterans and Eligible Spouses. The workforce system and other
program operators must enable veterans and eligible spouses to identify themselves
at the point of entry to the system or program, and veterans and eligible spouses
must be given the opportunity to take full advantage of the priority. When
identifying veterans and eligible spouses, One-Stop Career Centers and other
grantees and sub-grantees must ensure that veterans and eligible spouses are made
aware of:
Their entitlement to priority of service;
The full array of employment, training and placement services available;
and,
Applicable eligibility requirements for programs and services.
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Program operators must develop and implement processes to identify veterans and
eligible spouses who physically access service delivery points or who access service
delivery programs through the Internet in order to provide veterans and eligible
spouses with timely and useful information on priority of service at the point of
entry. Point of entry may include reception through a One-Stop Career Center, as
part of an application process for a specific program, or through any other method
by which veterans and eligible spouses express an interest in receiving services,
either in-person or virtually. Section 2 of Attachment A describes the types of
interactions intended to take place between those workforce programs required to
provide priority of service, on the one hand, and the Jobs for Veterans State Grants
Program, on the other hand.
9. Verifying Status. The Final Rule does not change or add to pre-existing program
requirements regarding verification of the eligibility of a veteran or eligible spouse.
It is neither necessary nor appropriate for program operators to require verification
of the status of a veteran or eligible spouse at the point of entry, unless the
individual who self-identifies as a veteran or eligible spouse: a) is to immediately
undergo eligibility determination and be registered or enrolled in a program; and, b)
the applicable federal program rules require verification of veteran or eligible
spouse status at that time. Even in those instances in which eligibility determination
and enrollment occur at the point of entry, a veteran or eligible spouse should be
enrolled and provided immediate priority and then be permitted to follow-up
subsequently with any required verification of his or her status as a veteran or
eligible spouse. For programs or services that cannot rely on self-attestation (e.g.,
classroom training), verification only needs to occur at the point at which a decision
is made to commit outside resources to one individual over another. In contrast, the
commitment of program staff effort does not require verification of status by a
veteran or eligible spouse. For example, if a veteran or eligible spouse self-identifies,
program staff should be permitted to deliver any appropriate intensive services,
while permitting the veteran or eligible spouse to follow-up subsequently with
verification of his or her status. Section 1.b of Attachment A provides
supplementary information related to verification of veteran status for program
eligibility purposes.
10. Applying Priority of Service. The application of priority of service varies by
program depending on the eligibility requirements of the particular program.
Qualified job training programs fall into two basic categories: universal access
programs and programs that require prospective participants to meet specified
eligibility criteria. The first two subsections below describe how priority of service
applies to these two basic types of programs.
a. Universal access programs. For workforce programs that operate or
deliver services to the public as a whole without targeting specific groups,
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veterans and eligible spouses must receive priority of service over all other
program participants. For example, the primary universal access services
are the “core” services delivered through the One-Stop system under the
Wagner-Peyser and WIA programs. Veterans and eligible spouses receive
the first level of priority in universal access programs.
b. Programs with Eligibility Criteria. Eligibility criteria identify basic
conditions that each and every participant in a specific program is required
to meet. For example, for the Senior Community Service Employment
Program (SCSEP) every participant is required to meet four criteria: a) age
55 or over; b) low-income; c) resident of a designated area; and, d) not job-
ready. It is important to note that a veteran or eligible spouse must first
meet any and all of the statutory eligibility criteria in order to be
considered eligible for: a) enrollment in the program; b) receipt of priority
for enrollment in the program; and c) priority for receipt of services.
In addition to the eligibility criteria that all participants are required to meet,
some programs also have priorities that establish a rank order to be observed in
enrolling or serving participants. These priorities can be of two types: a)
statutory; or, b) discretionary. The following two subsections provide guidance
on how priority of service interacts with these two types of priorities.
I. Programs with Statutory Priorities. Some programs are required by law to
provide a priority or preference for a particular group of individuals or
require the program to spend a certain portion of program funds on a
particular group of persons. An example of this type of priority is the
priority for low-income individuals and for recipients of public assistance
for the WIA adult formula programs. For programs with this type of
mandatory priority, program operators must determine the status of each
individual veteran or eligible spouse and apply priority of service as
described below:
i. Veterans and eligible spouses who meet the mandatory priorities or
spending requirement or limitation must receive the highest level
of priority for the program or service;
ii. Non-covered persons who meet the program’s mandatory priority
or spending requirement or limitation then receive the second level
of priority for the program or service;
iii. Veterans and eligible spouses outside the program-specific
mandatory priority or spending requirement or limitation then
receive the third level of priority for the program or service; and
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iv. Non-covered persons outside the program-specific mandatory
priority or spending requirement or limitation then receive the
fourth level of priority for the program or service.
II. Programs with Discretionary Priorities. Some qualified job training
programs may include a focus on a particular group or make efforts to
provide a certain level of service to a particular group without the
authorizing law specifically mandating that the target group be served
before other eligible individuals. Because a discretionary focus of this
type is not a statutorily mandated priority or targeting requirement,
veterans and eligible spouses must receive the highest priority for
programs or services with a discretionary targeting requirement. Non-
covered persons within the discretionary targeting group then receive the
second level of priority. Non-covered persons outside the discretionary
targeting group receive the third level of priority. With respect to priority
of service, the only feature that distinguishes discretionary targeting
programs from universal access programs is the additional application of
the discretionary targeting criterion to the non-covered persons.
Therefore, for veterans and eligible spouses, priority of service applies to
discretionary targeting programs and services the same way that it applies
to universal access programs, i.e., veterans and eligible spouses first.
Prior policy guidance on priority of service and the recently published
regulations gave considerable attention to the application of priority of
service to programs with discretionary priorities. However, a review of
qualified job training programs conducted in conjunction with the
development of this guidance did not identify any prominent examples of
programs that currently have discretionary priorities. There were
examples of programs of this type in the past and there may be other
examples in the future. It also is possible that the recent review failed to
identify a specific program or service that currently includes a
discretionary priority. For those reasons, the guidance on this topic is
retained here for application by program operators, as appropriate.
For additional guidance on the ways that priority of service interacts with
eligibility criteria and statutory priorities see Attachment A of this TEGL.
In particular, Section 1.a of Attachment A provides specific information
about how income and benefits derived from military service relate to the
statutory low-income priority that applies to certain workforce programs.
Section 3 of Attachment A points out that the GI Bill and other education
and training benefits administered by the Department of Veterans Affairs
are not required to be coordinated with WIA training (i.e., veterans and
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eligible spouses cannot be required to exhaust their VA benefits prior to
gaining access to WIA training). Section 4 of Attachment A identifies the
implications of priority of service for the processes of some specific
workforce programs that are impacted by this requirement.
11. Data Collection and Reporting Requirements. The Office of Management and
Budget approved the information collection request that accompanied the priority of
service regulations (OMB Control Number – 1205-0468). The approved reporting
requirements for priority of service apply at two levels. First, all qualified job
training programs are required to adopt the definitions for veterans and eligible
spouses that appear in the regulations for their reporting on the services provided to
veterans and eligible spouses and to non-covered persons. Second, those qualified
job training programs that served, at the national level, an average of 1,000 or more
veterans per year during the three most recent years of program operation are
required to implement additional reporting requirements for “covered entrants”
(i.e., veterans and eligible spouses at the point of entry to the workforce system).
Six programs currently meet the size threshold for reporting on covered entrants: (1)
WIA Adult; (2) WIA Dislocated Worker; (3) National Emergency Grants; (4)
Wagner-Peyser State Grants; (5) Trade Adjustment Assistance (TAA); and (6) Senior
Community Service Employment Program (SCSEP). Attachment C provides a look
forward to the Individual Data Elements to be collected for covered entrants.
Attachment D provides a look forward to the Quarterly Report format to be
submitted for covered entrants. Additional documents related to the reporting on
covered entrants and OMB’s approval of this requirement can be accessed at:
http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=200812-1205-003.
The SCSEP will begin collecting and reporting on covered entrants for Program Year
2009. For the other five programs that meet the size threshold, implementation of
reporting on covered entrants is temporarily deferred. In response to new statutory
requirements, the New Trade Act Participant Report was recently developed and
approved by OMB. The specifications for that report include the Data Elements
presented in Attachment C. However, the collection of covered entrant data for
TAA will commence at the time of reporting implementation for the other four
programs. The temporary deferral of reporting on covered entrants does not relieve
the five programs, or any other qualified job training programs from implementing
policies and procedures specifically designed to deliver priority of service to
veterans and eligible spouses.
12. Monitoring. As stated in the Final Rule, the Department will monitor the
implementation of priority of service to ensure that veterans and eligible spouses are
made aware of and afforded priority of service. Monitoring will be performed by
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the Veterans’ Employment and Training Service and the Departmental agency
responsible for the qualified job training program’s administration and oversight.
Program operators are required to ensure that priority of service is applied
throughout their respective service delivery systems, including service delivery
points maintained by all sub-recipients. It is expected that program operators will
monitor local service delivery operations to ensure that their internal policies and
procedures result in compliance with the priority of service requirements.
13. Action Requested. Program operators are directed to review their existing priority
of service policies and procedures and make any changes necessary to implement
priority of service consistent with the Final Rule. If any program operators do not
have policies and procedures in place, they are required to do so now.
14. Inquiries. All inquiries should be addressed to the appropriate DOL agency’s
regional office or to the respective DOL national office.
Attachments:
Attachment A: Aspects of Workforce Programs That Relate to Priority of Service
Attachment B: Frequently Asked Questions and Answers
Attachment C: Individual Record Data Elements Minimum Data Fields
Attachment D: Report Format
Attachment 1 (official PDF): https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2009/TEGL10-09a1.pdf
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ATTACHMENT A
Aspects of Workforce Programs That Relate to Priority of Service
This attachment identifies some aspects of workforce programs that are outside the
direct scope of priority of service but that relate to the implementation of priority of
service in an operational environment, including:
• Program eligibility and priority of service;
• Relevance of the Jobs for Veterans State Grants to priority of service;
• Exclusion of VA funded training from coordination with WIA training; and,
• Implications of priority of service for other workforce programs and processes.
These four topics are treated in the sections that follow.
1) PROGRAM ELIGIBILITY AND PRIORITY OF SERVICE
Two aspects of program eligibility relate to effective implementation of priority of
service. The first is the exemption of military income from consideration in
determining eligibility for those programs that have a statutory requirement to serve
low-income individuals. The second is the verification of the status of veterans and
eligible spouses that is required by some workforce programs as part of their
eligibility determination and enrollment processes. Both aspects are treated below.
a) Exemption of Military Service-Related Income. Program operators responsible
for programs that include income criteria in the eligibility rules or targeting
policies (such as the WIA formula programs) should note that many types of
income related to military service are not to be included when determining if a
covered person meets “low income” eligibility standards or targeting policies.
The WIA regulations (20 CFR 667.255) state, in accordance with 38 U.S. Code
Part 4213, that “any amounts received as military pay or allowances by any
person who served on active duty, and certain other specified benefits must be
disregarded when determining if a person is a ‘low-income individual’ for
eligibility purposes.”
All pay and/or financial allowances earned while a veteran was on active duty
are exempt. Title 38 U.S.C. 4213 also exempts from inclusion in “low income”
calculations any financial benefits received by a covered person under the
following Chapters of Title 38 of the U.S. Code:
11. Compensation for service-connected disability or death.
13. Dependency and indemnity compensation for service-connected
deaths.
30. All-volunteer force educational assistance program.
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31. Training and rehabilitation for veterans with service-connected
disabilities.
35. Survivors’ and dependents’ educational assistance.
36. Administration of educational benefits
Also excluded from “low income” calculations are benefits received under
Chapter 106 of Title 10 U.S. Code, Educational assistance for members of the
selected reserve.
In contrast to the various types of military income and benefits identified above
that are exempt from inclusion in low-income calculations, certain other types of
military-related income are not exempt. Specifically, pension payments
authorized by Title 10 U.S. Code, such as those received by military retirees
whether or not their retirement was based on disability, are not exempt and are
to be included in “low income” calculations. Also not exempt are pension
benefits paid under Chapter 15 of Title 38 U.S. Code.
b) Verification of the Status of Veterans and Eligible Spouses. As indicated in the
guidance document, verification of status for veterans and eligible spouses is not
required in order to provide priority of service. However, to the extent that the
programs providing priority of service have their own requirements regarding
verification of the status of veterans and eligible spouses, it is a matter that
relates to the effective implementation of priority of service by those programs.
Accordingly, some preliminary guidance is provided below.
The status of a veteran or an eligible spouse can be verified by referring a variety
of official documents, including, but not limited to:
• A DD 214 (issued following separation from active duty);
• An official notice issued by the Department of Veterans Affairs that
establishes entitlement to a disability rating or award of compensation to a
qualified dependent;
• An official notice issued by the Department of Defense that documents the
eligibility of an individual, based on the missing or detained status of that
individual’s active duty spouse; or
• An official notice issued by a State veterans’ service agency that documents
veteran status or spousal rights, provided that the State veterans’ service
agency requires Federal documentation of that information.
To mitigate the burden of establishing proof of covered person status, States also
may establish other means for verifying status, such as electronic communication
with official databases, such as those maintained by State veterans’ service
agencies, provided that the organizations responsible for those sources can
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certify the accuracy of their records and have effective procedures for matching
their records with the covered persons seeking services. As indicated in the
Preamble to the regulations, the Department intends to issue further guidance on
this matter in the future.
2) RELEVANCE OF THE JOBS FOR VETERANS STATE GRANTS PROGRAM
The Veterans’ Employment and Training Service (VETS) provides Jobs for Veterans
State Grants (JVSG) to the States to support the program activities and services
provided by the One-Stop Career Centers for veterans. The JVSG funds support the
appointment and assignment of Disabled Veterans’ Outreach Program (DVOP)
Specialists and Local Veterans Employment Representatives (LVERs). The
definitions of veterans and “other eligible persons” applicable to services provided
by DVOP and LVER staff are different from and narrower than those which are
applicable within the priority of service “covered person” definition (e.g., for
veterans other than those whose service time was limited by discharge due to
disability, 181 days or more of active duty time is required). So, the universe of
individuals eligible for services by the DVOP and LVER staff is a sub-set of the
broader universe of individuals entitled to priority of service by the Jobs for
Veterans Act.
Operators of programs subject to the priority of service regulations are strongly
encouraged to establish effective linkages with the State JVSG program staff, for
two-way referrals of individuals for services. Such linkages would be
advantageous to the individuals in need of services, and also to the program
operators. The JVSG program staff members perform case management services for
veterans and other eligible persons who require intensive employability
development services, and also focus on employer relations activities to develop jobs
for veterans and other eligible persons. Another significant aspect of the JVSG
program is the partnering of those specialists with the military services to provide
transition services to men and women leaving active duty and returning to civilian
life, and involvement in Reserve and National Guard units’ de-activation activities
when those personnel end their active duty stints and return to civilian life.
Effective linkages between those veterans program specialists and all qualified job
training programs subject to the priority of service requirements would help to
achieve the underlying purpose of the priority of service requirements, by
establishing effective means of outreach to a significant portion of the universe of
covered persons, and communication of information about employment and
training opportunities offered in local communities by qualified job training
programs.
3) EXCLUSION OF VA FUNDED TRAINING FROM “OTHER GRANT
ASSISTANCE” IN COORDINATION WITH WIA FUNDED TRAINING
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Section 134(d)(4)(B) of WIA, as well as the WIA regulations at 20 CFR 663.310 refer
to the requirement to coordinate WIA funded training with “other grant assistance,”
such as Pell grants. In some service delivery environments, these provisions have
been interpreted to mean that veterans or spouses who are eligible for the GI Bill or
other forms of VA funded education or training are required to coordinate their
entitlement to those benefits with their eligibility for WIA funded training. In some
circumstances, this has been further interpreted to mean that the VA funded training
entitlement must be exhausted before the veteran or spouse can be enrolled in WIA
funded training. VA benefits for education and training services clearly are not
included in the statutory and regulatory category of “other grant assistance.”
Therefore, veterans and spouses are not required to coordinate their entitlement to
those benefits with any concurrent eligibility that they may have for WIA funded
training (and therefore, should not preclude them from receiving WIA funded
services). Similarly, WIA program operators may not require veterans or spouses to
exhaust their entitlement to VA funded training benefits prior to allowing them to
enroll in WIA funded training.
4) IMPLICATIONS OF PRIORITY OF SERVICE FOR OTHER WORKFORCE
PROGRAMS AND PROCESSES
Below are some of the programs and processes that are impacted by priority of
service.
a) Unemployment Insurance Programs That Interface with Services. The Worker
Profiling and Reemployment Services (WPRS) program and the Reemployment
and Eligibility Assessments (REA) each apply specified criteria to identify certain
categories of Unemployment Insurance (UI) claimants who are required to report
in-person to a service delivery location, typically a One-Stop Career Center.
Claimants are directed to report to a specific location at a specific time and the
failure to comply with the requirement to report as directed raises an issue on the
claim, which must be resolved. This may lead to disqualification for an extended
period or a determination of ineligibility for a shorter time. The intent of the
requirement to report is to reinforce compliance with eligibility requirements
including ability to work, availability for work and actively seeking work, and
other requirements for eligibility.
Prior guidance applicable to WPRS referred to the requirement to report as a
“referral.” That designation implied delivery of a service, which would result in
the application of priority of service at this step of the call-in process. This
guidance clarifies that, for both WPRS and the REAs, the requirement to report,
including the written notice provided to claimants, is not considered to be a
service and, therefore, priority of service does not apply at this point in the
selection process. Policy guidance directs that both WPRS and REA claimants
should be referred to services as appropriate, thus some claimants may receive
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reemployment services and others may not. This distinction is based both on the
availability of reemployment services and on the needs of the claimant. This
guidance clarifies that, upon reporting in-person to a service delivery location,
those claimants required to report under WPRS or REA who are veterans or
eligible spouses are entitled to priority of referral to available reemployment
services or to any other qualified job training program for which they are
eligible.
Priority of service applies to all referrals to any qualified job training program(s)
for which a veteran or eligible spouse is eligible, regardless of the organizational
affiliation or funding source of the staff members who come into contact with
claimants who are veterans or eligible spouses at the service delivery location. In
addition, upon referral to a qualified job training program, the priority of service
requirement includes priority for enrollment in the program, as well as priority
for participation in the full range of services available through the program.
b) One-Stop Career Center Services. Because One-Stop Career Centers offer various
types of services including staff-assisted services as well as guidance and
materials, State and local boards must immediately assess their current
operations for compliance purposes and improvement opportunities, if they
have not already done so.
c) National Programs. National programs that statutorily target certain segments
of the population must ensure the implementation of the principles outlined in
this guidance in order to assure that the dual intentions of Congress - service to
targeted population(s) and priority of service to veterans and eligible spouses -
are simultaneously accomplished.
d) Self-Service Tools. Any informational or service delivery Web site developed
with funding from a qualified job training program or grant will be expected to
provide information on priority of service for veterans and eligible spouses, and
how to access assistance from any applicable program or grant via the nearest
One Stop Career Center. It is important to note that self-service instructions will
be expected to go beyond mention of or referral to Local Veterans’ Employment
Representatives and Disabled Veterans’ Outreach Program specialists.
Attachment 2 (official PDF): https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2009/TEGL10-09a2.pdf
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ATTACHMENT B
Frequently Asked Questions and Answers Regarding Priority of Service
For ease of reference, the questions and answers have been arranged according to the
following broad categories:
• Definitions
• Point of Entry
• Technical Assistance and Guidance
• Monitoring
• Promising Practices
• Applicability to Existing Priorities
• Data Collection and Reporting
• Miscellaneous
For ease of tracking and reference, questions and answers have been numbered
sequentially.
Definitions
Q1. For determining eligibility for priority of service, why does the Labor Department
(USDOL) require covered program operators to use a relatively broad definition of
“veteran” rather than the more narrow definition that has been in use for many years by
State Agencies that administer the Jobs for Veterans State Grants and Wagner-Peyser
State Grants?
A1. The USDOL is bound by the Jobs for Veterans Act (JVA) to use the definition of a
“covered person” set forth in 38 U.S.C. 4215(a)(l)(A), and review of the legislative
history indicated that the Congress intended that a broad definition of veteran be
applied with regard to priority of service in programs subject to the JVA. The pre-
existing statutory definition of a “veteran” that most closely conforms to the implied
definition in the JVA is the definition that appears in Section 101 (2) of Title 38, U.S.
Code, and that essentially is what the Final Rule sets forth.
Q2. To be considered an “eligible veteran,” must an individual have to have served
overseas, or in a combat zone?
A2. No, the statute does not limit eligibility on the basis of where a person served on
active duty.
Q3. Must an individual have an “honorable” discharge in order to be considered an
“eligible veteran?”
A3. No. Only a discharge clearly categorized as “dishonorable” would bar a veteran
from eligibility for this benefit.
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Q4. Why not develop a uniform definition of “veteran” for all USDOL-funded
employment and training programs?
A4. The authorizing legislation for each program, as amended by subsequent statutes,
limits the Department’s authority to establish a uniform definition of “veteran.” The
Jobs for Veterans Act does not authorize the Department to establish a uniform
definition of “veteran” for all programs.
Q5. Are there any time limits pertaining to re-marriage following the death of a veteran
that affect the eligibility of a widow(er) to be considered a “covered person?”
A5. The priority of service statute does not include a disqualification clause pertaining
to re-marriage by a widow or widower.
Q6. Among those eligible spouses whose eligibility is derived from a deceased veteran
(widows or widowers), why do the Federal Regulations limit eligibility for priority of
service to the two specific types of “eligible spouses” identified?
A6. The Jobs for Veterans Act is explicit in citing the two categories of widows or
widowers who are considered to be “eligible spouses;” they are persons who were
spouses of veterans who succumbed due to a service-connected disability or who
succumbed while a total service-connected disability (meaning 100% disabled as rated
by the Department of Veterans Affairs) was in existence whether or not that disability
was the cause of death.
Q7. Some Federal employment and training programs typically operative in One Stop
centers, e.g., the Jobs for Veterans State Grants and Wagner-Peyser funded programs,
require that priority for veterans be delivered on a tiered basis, that is, service-
connected disabled veterans rated 30% or more receive the highest priority, then other
service-connected disabled veterans, and so on. Are the other USDOL-funded
employment and training programs supposed to make such distinctions in their
implementation of the priority of service requirements?
A7. No, the statute does not require, nor does the Department expect recipients to
make such distinctions within the universe of veterans eligible spouses for priority of
service.
Point of Entry
Q8. How will veterans and eligible spouses be identified in a self-registration system?
A8. Entities that provide services funded by USDOL programs covered by these
regulations are required to have user-friendly processes by which individuals at the
point of entry to the service system can identify themselves as veterans and eligible
spouses eligible for priority of service. The USDOL will not prescribe how that is to be
done. However, program operators are reminded that self-registration systems are not
to require veterans to produce documents (e.g., a DD-214 Discharge Form) to verify
their status at this stage, unless the point of entry is also the point at which program
eligibility determination and registration or enrollment also takes place.
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Technical Assistance and Guidance
Q9. Will the Veterans’ Employment and Training Service (VETS) and the Employment
and Training Administration (ETA) issue joint policy and/or implementation guidance
on behalf of USDOL?
A9. The Federal Regulations at 20 CFR Part 1010 that became effective on January 19,
2009, articulate a considerable body of USDOL policy guidance. The USDOL VETS and
ETA agencies have established a formal inter-agency workgroup to develop and issue
implementation guidance and technical assistance regarding priority of service
requirements and concepts.
Monitoring
Q10. Do recipients have administrative responsibilities related to the delivery of
priority of service to veterans and eligible spouses in addition to requirements to
promulgate policies and plans applicable to program operations at their own service
delivery points and those of sub-recipients of USDOL funds?
A10. Yes, recipients of USDOL funds are required to implement effective internal
controls to ensure that priority of service policies and procedures are carried out at all
program service delivery points.
Ql1. How will the “joint monitoring” by the USDOL VETS and ETA agencies required
by the regulations be coordinated and implemented?
A11. Joint monitoring by the VETS and ETA has already begun, with VETS staff having
been added to the teams carrying out the ETA-administered review and approval
processes of State Plans for the coming year’s WIA and Wagner-Peyser programs. The
two agencies also are currently in discussions regarding the development of
appropriate monitoring policies and procedures consistent with §1010.240. When
established, these will be communicated to the ETA and VETS staff as well as to
USDOL-funded program operators.
Promising Practices
Q12. Will USDOL provide examples of effective implementation of priority of service
for veterans and eligible spouses at the program/local levels?
A12. The inter-agency workgroup is currently in the process of compiling descriptions
of “best” or promising program models and practices, and will begin making them
available to interested members of the public through various media.
Q13. Will the USDOL provide examples of state policies and/or procedures that could
be used as a starting point for developing state guidance that may not have previously
existed?
A13. The inter-agency workgroup is currently in the process of compiling applicable
state policies and will disseminate them.
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Applicability of Veterans’ Priority of Service to Existing Priorities
Q14. Reportedly, some states and local program operators have interpreted the WIA
requirement in Section 134(d)(4)(E) that adults and dislocated workers who are public
assistance recipients and other low-income individuals should receive priority for WIA
intensive and training services to mean that the priority for veterans and eligible
spouses is secondary to that priority. Is that the correct interpretation of the statute?
A14. No, the priority of service requirement for veterans and other eligible persons is
not secondary. A veteran or eligible spouse must meet the statutory eligibility
requirements(s) applicable to the specific program from which services are sought. So,
for those programs that also have statutory priorities or preferences pursuant to a
Federal statute or regulation, the program service providers must coordinate providing
priority of service to veterans and other eligible persons with the application of those
other priorities, as prescribed in paragraphs (b)(2) and (b)(3) of Section 1010.31 of the
regulations and as explained in Section 10 of TEGL No.10-09
For the WIA Adult Program, which has statutory targeting of public assistance
recipients and other low-income individuals, program operators are to implement
priority of service in the following order: (l) program-eligible veterans and eligible
spouses who are public assistance recipients or who meet the income requirements for
the area would receive the highest priority for the program; (2) program-eligible
individuals who are not covered persons who are public assistance recipients or who
meet the income requirements for the area would receive the second-highest priority for
the program; and (3) veterans and eligible spouses not on public assistance or whose
income exceeds the “low income” standards for the area would receive priority over
any individuals with comparable eligibility who are not covered persons.
Q15. What if a covered person eligible for priority of service is not interested (or
otherwise suited) in participating in any of the training or employability development
programs funded by the program operator in a particular area--is that covered person
entitled by the “priority of service” statute to be provided a training program
customized for him or her?
A15. The question implies that the JVA might confer to veterans and eligible spouses
an entitlement similar to the entitlement conferred to service-connected disabled
veterans by Chapter 31 of Title 38 of the U.S. Code for vocational rehabilitation program
participation. The Department does not believe that the Jobs for Veterans Act provides
such a broad entitlement to veterans and eligible spouses in USDOL-funded programs.
However, States and local Workforce Investment Boards are not precluded by any rules
from extending that degree of priority to any segment of the covered person universe.
Data Collection and Reporting
Q16. What is the status of the Information Collection Request or ICR and associated
reporting instructions?
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A16. Those programs that served less than 1,000 veterans per year at the national level,
on average, for the past three years are not required to report on covered entrants but
are required by the ICR to adopt the definitions in the regulations for veterans and
eligible spouses, when their reporting systems next come due for approval by the Office
of Management and Budget (OMB). For five of the six programs that are required by
the ICR to report on covered entrants, (WIA Adult, WIA Dislocated Worker, WIA
National Emergency Grants, Trade Adjustment Assistance and Wagner-Peyser State
Grants), the implementation of data collection and reporting on covered entrants was
intended to be concurrent with the implementation of the proposed Workforce
Investment Streamlined Performance Reporting System (WISPR). Since the
implementation of WISPR has been postponed, the implementation of the data
collection and reporting on covered entrants also has been delayed. ETA and VETS are
currently conferring with OMB to identify next steps with regard to the implementation
of streamlined reporting in general, and reporting on covered entrants in particular. At
this time, reporting on covered entrants has been waived for PY 2009 for the five
programs identified above. The sixth program required to report on covered entrants,
the Senior Community Service Employment Program, is implementing that reporting
for PY 2009. In the meantime, ETA and VETS may supplement the information that can
be collected with currently available systems through other means such as sampling
and on-site monitoring to help ensure that veterans and eligible spouses are receiving
priority for publicly-funded workforce services.
Miscellaneous
Q17. Can the income of veterans (such as disability pension benefits or lump-sum
payments at time of separation for unused leave) be disregarded by WIA grant
recipients and sub-recipients during eligibility determinations, which might enable
younger veterans who are entitled to priority of service to take advantage of the
increased age limit in the WIA youth program (from 14-24, instead of 14-21) for the
purpose of implementing the American Recovery and Reemployment Act?
A17. Yes. As explained in Section 1.a of Attachment A to TEGL No. 10-09, income
earned while on active military duty and/or financial benefits received by veterans and
eligible spouses under a variety of authorized programs cannot be included in
calculations of income for USDOL-funded programs which have income ceilings as
criteria either for program eligibility or targeting.
Attachment 3 (official PDF): https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2009/TEGL10-09a3.pdf
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ATTACHMENT C
Individual Record Data Elements
Minimum Data Fields for Determining Priority of Service at the Initial Point of Entry
No. Data Element Data Data Element Definitions/Instructions Code Value
Name Type/
Field
Length
01 Covered Entrant AN 12 Record the unique identifier used for the covered entrant (i.e. an assigned numeric ID other XXXXXXXXXXXX
Identifier than an SSN).
02 Covered Person Entry DT 8 Record the date on which the covered person first made contact with the workforce system, YYYYMMDD
Date either at a physical location or through an electronic resource
03 Date 45 Days DT 8 Record the date that falls 45 days following the Covered Person Entry Date. YYYYMMDD
Following Covered
Person Entry Date
04 Covered Person IN 1 Record 1 if the entrant served in the active military, naval, or air service, and was discharged or 1 = Veteran
Status released therefrom under conditions other than dishonorable. 2 = Eligible Spouse
Record 2 if the entrant is the spouse of any of the following individuals: (a) Any veteran who 3 = Not a Covered Person
died of a service-connected disability; (b) Any veteran who has a total disability resulting from a
service-connected disability; (c) Any veteran who died while a disability so evaluated was in
existence; or (d) Any member of the Armed Forces serving on active duty who, at the time of
the spouse’s entry is listed, pursuant to section 556 of title 37 and regulations issued
thereunder, by the Secretary of Defense in one or more of the following categories and has
been so listed for a total of more than 90 days: (i) missing in action, (ii) captured in line of duty
by a hostile force, or (iii) forcibly detained or interned in line of duty by a foreign government or
power.
05 Date of Birth DT 8 Record the covered entrant's date of birth. YYYYMMDD
06 Gender IN 1 Record 1 if the covered entrant indicates that he is male. 1 = Male
Record 2 if the covered entrant indicates that she is female. 2 = Female
If the covered entrant does not self-identify gender, leave “blank” or record 0.
07 Individual with a IN 1 Record 1 if the covered entrant indicates that he/she has any "disability," as defined in Section 1 = Yes
Disability 3(2)(a) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102). Under that definition, a 2 = No
"disability" is a physical or mental impairment that substantially limits one or more of the
person's major life activities. (For definitions and examples of "physical or mental impairment"
and "major life activities," see paragraphs (1) and (2) of the definition of the term "disability" in
29 CFR 37.4, the definition section of the WIA non-discrimination regulations.)
Record 2 if the covered entrant indicates that he/she does not have a disability that meets the
definition.
If the covered entrant does not wish to disclose his/her disability status, leave "blank" or Record
0.
08 Race: American IN 1 Record 1 if the covered entrant indicates that he/she is a person having origins in any of the 1 = Yes
Indian or Alaska original peoples of North America and South America (including Central America), and who
Native maintains cultural identification through tribal affiliation or community recognition.
If the covered entrant does not self-identify his/her race as American Indian or Alaska Native,
leave "blank" or Record 0.
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09 Race: Asian IN 1 Record 1 if the covered entrant indicates that he/she is a person having origins in any of the 1 = Yes
original peoples of the Far East, Southeast Asia, or the Indian Subcontinent (e.g., India,
Pakistan, Bangladesh, Sri Lanka, Nepal, Sikkim, and Bhutan). This area includes, for example,
Cambodia, China, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and
Vietnam.
If the covered entrant does not self-identify his/her race as Asian, leave "blank" or Record 0.
10 Race: Black or African IN 1 Record 1 if the covered entrant indicates that he/she is a person having origins in any of the 1 = Yes
American black racial groups of Africa.
If the covered entrant does not self-identify his/her race as Black or African American, leave
"blank" or Record 0.
11 Race: Hawaiian IN 1 Record 1 if the covered entrant indicates that he/she is a person having origins in any of the 1 = Yes
Native or other Pacific original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
Islander If the covered entrant does not self-identify his/her race as Hawaiian Native or Other Pacific
Islander, leave "blank" or Record 0.
12 Race: White IN 1 Record 1 if the covered entrant indicates that he/she is a person having origins in any of the 1 = Yes
original peoples of Europe, the Middle East, or North Africa.
If the covered entrant does not self-identify his/her race as White, leave "blank" or Record 0.
13 Ethnicity IN 1 Record 1 if the covered entrant indicates that he/she is a person of Cuban, Mexican, Puerto 1 = Yes
Hispanic/Latino Rican, South or Central American, or other Spanish culture in origin, regardless of race. 2 = No
Record 2 if the covered entrant indicates that he/she does not meet any of these conditions.
If the covered entrant does not wish to respond, leave "blank" or Record 0.
14 State Code AN 2 Record the 2-letter FIPS alpha code of the state in which the entrant made contact with the XX
workforce system. For example, the State of Alabama would be represented as "AL."
15 ETA-Assigned Local IN 4 If the covered entrant first made contact with the workforce system at a physical location, record 0000
Workforce the 4-digit ETA-assigned Local Board/Statewide code where the entrant first made contact with
Board/Statewide the workforce system.
Code If the covered entrant only received remote or virtual self-service or informational activities,
Record 9999 to indicate "statewide/virtual office." Record 0 or leave "blank" if not known.
16 Date of Participation DT 8 Record the date on which the covered entrant received a service, either at a physical location or YYYYMMDD
through an electronic resource
17 Date Received Staff DT 8 Record the date on which the individual received his/her first staff assisted core service YYYYMMDD
Assisted Core Service (excluding self-service and informational activities).
Otherwise, leave "blank" if the individual did not receive staff assisted core services.
Attachment 4 (official PDF): https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2009/TEGL10-09a4.pdf
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ATTACHMENT D
Reporting Format for the Priority of Service Quarterly Aggregate Report
ITEM Current Cumulative
Quarter Four
Quarters
1. Covered Entrants Who Reached the End of the Entry Periodi
2. Covered Entrants Who Received a Service During the Entry Period ii
3. Covered Entrants Who Received a Staff-Assisted Service During the Entry Period iii
Report Definitions
i
Covered Entrants Who Reached the End of the Entry Period – This count includes all those covered entrants for whom the entry period ends within the
respective current quarter and four quarter reporting periods. Classification as a covered entrant occurs at the earliest point that a covered person contacts the
system in either a physical location (e.g., One-Stop Career Center or affiliate site) or remotely through electronic technologies. Designation as a covered entrant
occurs prior to receipt of a service. The entry period is the span of time that begins on the covered person entry date and ends on the date 45 days following the
covered person entry date.
ii
Covered Entrants Who Received a Service During the Entry Period – This count includes those covered entrants for whom the entry period ends within the
respective current quarter and four quarter reporting periods AND for whom there is a date of participation during the entry period. A covered entrant who
receives a service becomes a participant, that is, an individual who is determined eligible to participate in the program (to the extent the program has eligibility
requirements) AND receives a service funded by the program in either a physical location (One-Stop Career Center or affiliate site) or remotely through electronic
technologies.
iii
Covered Entrants Who Received a Staff-Assisted Service During the Entry Period – This count includes those covered entrants for whom the entry period
ends within the respective current quarter and four quarter reporting periods AND for whom the most recent date received one or more staff assisted services falls
within the entry period.
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