Funding for veterans labor exchange reporting

Accessible letter PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2012/TEGL_37_11_Acc.pdf

CLASSIFICATION
   EMPLOYMENT AND TRAINING ADMINISTRATION                  Wagner-Peyser/VETS
               ADVISORY SYSTEM                             CORRESPONDENCE SYMBOL
                                                           DSPP/OPDR
          U.S. DEPARTMENT OF LABOR
                                                           DATE
             Washington, D.C. 20210                        June 15, 2012


ADVISORY:          TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 37-11

TO:                STATE WORKFORCE AGENCIES
                   STATE WORKFORCE LIAISONS

FROM:              JANE OATES /s/
                   Assistant Secretary

SUBJECT:           Notification of Available Funding to Implement Veterans-Related Reporting
                   Requirements in the Labor Exchange Reporting System (LERS)

1. Purpose. To announce availability of funds, in the amount of $60,000, to each state, the
District of Columbia, U. S. Virgin Islands, and Puerto Rico through the Wagner-Peyser Act state
grants. Funds will be for the purposes of making the necessary adjustments to their management
information systems to implement Sections 211, 238, 239 and 261 of the VOW to Hire Heroes
Act of 2011 (Title II of Pub. L. 112-56), as well as for collecting performance data related to the
Veterans’ Gold Card Initiative. A Notice of Obligation (NOO) indicating the amount obligated
to the state and the purpose of funding will be issued to expedite implementation.

2. References.
     Sections 211, 238, 239 and 261 of VOW to Hire Heroes Act of 2011(VOW Act), Pub. L.
       112-56; Title 38, Sections 4107 and 4215, United States Code (38 U.S.C. 4107, 4215);
     The Jobs for Veterans Act (JVA) of 2002, Pub. L. 107-288, Section 2(a) codified at 38
       U.S.C. 4215;
     Training and Employment Guidance Letter (TEGL) No. 10-09, 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);
     TEGL 30-11, Information and Guidance on the Work Opportunity Tax Credit Provisions
       Introduced by the Veterans Opportunity to Work (VOW) to Hire Heroes Act of 2011, and
       IRS Guidance on Submission of Form 8850, dated May 24, 2012;
     Training and Employment Notice (TEN) No. 15-10, Protocol for 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);
     TEN No. 15-11, Gold Card Initiative; and,
     TEN No. 43-11 (and Veterans Program Letter 7-12), Overview of the Veterans’
       Retraining Assistance Program (VRAP).


 RESCISSIONS                                               EXPIRATION DATE
 None                                                      Continuing

3. Background. On August 5, 2011, President Obama announced a comprehensive plan to
lower veterans’ unemployment and to ensure that service members leave the military career-
ready. Several initiatives have been developed as part of this plan, including the creation of a
suite of Gold Card services for veterans. The Gold Card Initiative, which provides post-9/11 era
veterans with intensive and follow-up services, was announced on November 7, 2011. The Gold
Card services include a combination of intensive services such as skills assessment, career
coaching, and job search assistance over a six-month period to jump-start the veterans’ job
search process and reconnect them to the civilian labor force. To determine the number of
veterans who access the services offered under the Gold Card Initiative, the Employment and
Training Administration (ETA) has proposed the collection of information on the services
provided and outcomes achieved by post-9/11 era veterans.

On November 21, 2011, President Obama signed the VOW Act. Section 211 of the VOW Act
established the Veterans Retraining Assistance Program (VRAP) which directs the U.S.
Department of Veterans Affairs (VA), in cooperation with the U.S. Department of Labor (DOL),
to pay up to 12 months of retraining assistance to unemployed eligible veterans aged 35 to 60
who participate in a training program in a “high demand” occupation. The VRAP requires DOL
to do follow-up with participants who exit the training program and requires DOL and VA to
report on the number of eligible veterans who participate in the program, associates degrees or
certificates awarded, and data related to the employment outcomes of those participants after
completing or terminating from training. Section 238 of the VOW Act amended 38 U.S.C. 4107
to require DOL to report new performance measures for an annual report on job counseling,
training, and placement programs for veterans. Section 239 of the VOW Act amended 38 U.S.C.
4215 to require DOL to report on whether veterans are receiving priority of service and are being
fully served by qualified job training programs. Section 261 of the VOW Act contains
provisions related to the Work Opportunity Tax Credit (WOTC) program that provides
employers increased tax credits for hiring certain qualified veterans.

Under the priority of service regulation at 20 CFR 1010.330, states are required to report on
services provided to veterans in qualified job training programs. Accordingly, states must report
on services provided to veterans under the Gold Card Initiative. States’ existing Wagner-Peyser
Act grant agreements require states to report on services provided using the Labor Exchange
Reporting System (LERS), the performance reporting system for the Wagner-Peyser
Employment Service (ES) and for the services provided through the Jobs for Veterans State
Grants under the Veterans’ Employment and Training Service (VETS). Proposed modifications
to LERS incorporate the new reporting requirements added by the above provisions of the VOW
Act. Additionally, changes will be necessary for WOTC (see Section 6 below). In order to assist
states implement the system modifications, DOL will make available $60,000 for each state and
applicable territory (District of Columbia, Puerto Rico, and U.S. Virgin Islands).

4. Proposed Additions to the Employment Service Record Layout. The VOW Act, the Gold
Card Initiative, and priority of service for veterans combined are a catalyst for several changes
and additions to the LERS. The recent LERS Information Collection Request (ICR) for renewal
under the Paperwork Reduction Act submitted by ETA addresses these required changes, among
others, by proposing additional data elements, alterations to existing reports, and creating a new
report. Please note that the Office of Management and Budget (OMB) has not yet granted


official clearance of the proposed changes to LERS. Therefore, the following table represents
only the new elements as proposed by ETA; these elements are not to be considered official until
the ICR is approved. More detailed information regarding new elements as well as
corresponding edit checks and reporting specifications will be described in subsequent guidance
on the official additions to LERS. Please check www.doleta.gov/performance for updates.

New Element Name                                                   New Element Reporting Description
Date of First Self-Service                                         Record the date on which the individual
                                                                   received his/her first self-service, either at a
                                                                   physical location or through an electronic
                                                                   resource. A self-service is defined as any
                                                                   service that was provided to the job seeker
                                                                   without significant staff involvement.
Date of First Staff-Assisted Service                               Record the date on which the individual
                                                                   received his/her first staff-assisted service.
Veteran Status                                                     Record 1 if the participant is a person who
(Note: this new element does NOT replace the “Eligible             served on active duty in the military, naval or
Veteran Status” element already incorporated in the                air services for at least one day and who was
individual record layout. Veteran reporting
specifications still rely on the Eligible Veteran Status for
                                                                   discharged or released from such service under
all calculations.)                                                 conditions other than dishonorable.
                                                                   Record 2 if the participant does not meet the
                                                                   condition described above.
                                                                   Record 0 or leave blank if participant does not
                                                                   disclose veteran status.
Post 9/11 Era Veteran                                              The term "Post 9/11 Era Veteran" means a
                                                                   person who served for at least one day on or
                                                                   after September 11, 2001, on active duty in the
                                                                   military, naval, or air service and who was
                                                                   discharged or released from such service under
                                                                   conditions other than dishonorable.
                                                                   Record 1 if the individual meets the conditions
                                                                   of an eligible veteran and served at least one
                                                                   day of active duty on or after September 11,
                                                                   2001.
                                                                   Record 2 if the individual meets the conditions
                                                                   of an eligible veteran type 1 or eligible veteran
                                                                   type 2 and did not serve at least one day of
                                                                   active duty on or after September 11, 2001.
                                                                   Record 0 or blank if the individual is not a
                                                                   veteran.


New Element Name                             New Element Reporting Description
Transition Assistance Program (TAP)          A TAP veteran is any veteran or Transitioning
Workshop Veteran                             Service Member (TSM) who attended a TAP
                                             workshop during the three year period prior to
                                             the date of participation. Please note: the
                                             Department recognizes that TSMs may not yet
                                             have veteran status; however, TSMs who
                                             participate in TAP Workshops are classified as
                                             “TAP Workshop Veterans.”
                                             Record 1 if the participant meets the conditions
                                             described above.
                                             Record 2 if the participant does not meet the
                                             conditions described above.
                                             Leave blank if the participant is not a veteran
                                             or TSM.

Covered Person Entry Date                    Record the date that a veteran first made
                                             contact with the workforce system, either at a
                                             physical location or through an electronic
                                             resource.
Most Recent Date Received Self-Service       Indicate the most recent date a job seeker
                                             received self-service during the reporting
                                             period, either at a physical location or
                                             through an electronic resource. A self-
                                             service is defined as any service that was
                                             provided to the job seeker without significant
                                             staff involvement.
Type of Recognized Credential                Use the appropriate code to record the type of
                                             recognized diploma, degree, or certificate
                                             attained by the participant.

                                             1 = High School Diploma/GED
                                             2 = AA or AS Diploma/Degree
                                             3 = BA or BS Diploma/Degree
                                             4 = Occupational Skills Licensure
                                             5 = Occupational Skills Certificate/Credential
                                             6 = Other Recognized Educational or
                                             Occupational Skills Certificate/Credential

                                             Record 0 or blank if no certificate was
                                             received.

                                             Diplomas, degree, or certificates must be
                                             attained either during participation or by the
                                             end of the third quarter after the quarter of exit
                                             from services.


New Element Name                                   New Element Reporting Description
Date of Attainment of the Recognized               Record the date the recognized credential was
Credential                                         attained.
Workforce Investment Board (WIB) Name              Record the WIB Name where the individual
                                                   received services.
                                                   Leave blank if unknown or not identified.
Office Name                                        Record the Office Name from which the
                                                   individual received services.
                                                   Leave blank if unknown or not identified.
Case Manager                                       Record the name of the case manager assigned
                                                   to the individual.
                                                   Leave blank if unknown or not identified.
Special Program Identifier                         Record the ETA assigned Special Program
                                                   Identifier.
                                                   Leave blank if not applicable or not identified.


5. Implementation of VRAP. On November 21, 2011, President Obama signed into law the
VOW to Hire Heroes Act of 2011, which established VRAP. The VRAP directs the VA, in
cooperation with the DOL, to pay up to 12 months of retraining assistance to unemployed
eligible veterans aged 35 to 60 who participate in a training program in a “high demand”
occupation. Up to 45,000 veterans in Fiscal Year 2012, beginning July 1, 2012 through
September 30, 2012, and up to 54,000 veterans from October 1, 2012 through October 1, 2013,
may enroll in VRAP with VA monthly retraining assistance payments concluding by March 31,
2014. The VRAP application process and retraining assistance will be provided by VA.
However, in accordance with the VOW Act, DOL will be responsible for providing follow-up
services through the One-Stop Career Center System to VRAP participants within 30 days after
training termination or completion in order to facilitate employment by providing employment
placement services. An overview of the VRAP was provided through TEN 43-11, dated May 8,
2012, and further details regarding VRAP procedures will be forthcoming in a future TEGL.

6. Funding for WOTC Automation. Before filing for a tax credit with the Internal Revenue
Service, employers must submit requests to State Workforce Agencies certifying that the new
employee meets the eligibility requirements for one or more of the WOTC target groups,
including qualified veterans. The WOTC certification process is still a paper-based process in
the majority of the states. Some states have moved to full- or partially-automated systems,
achieving greater efficiency and reducing backlogs of certification requests from employers.

States may choose to use available funds for the purpose of automating the steps involved in
receiving, verifying target group eligibility and processing WOTC certification requests. While
ETA understands that the amount being made available to states would not cover the cost of a
full automation, the funds could be used for automating parts of the process, or leveraged with
other Wagner-Peyser, WOTC, or state funds to implement larger system reforms.

7. Action Requested. State Administrators are requested to immediately transmit this TEGL to
the appropriate staff. To expedite implementation of the new requirements, the DOL’s Grant


Officer will issue a NOO indicating the amount obligated to the state and the purpose for which
the funds are to be used. The Authorized Representative signature that appears on the original
Employment Service agreement will commit the state to carrying out the VOW Act’s new
requirements. Expenditure of grant funds certifies that your organization accepts these funds and
has read and will comply with the terms in the NOO and all other parts of the grant agreement.

8. Inquiries. All inquiries should be directed to the appropriate ETA regional office.