Jobs for Veterans Act – November 7, 2002Jobs for Veterans Act – November 7, 2002 TEGL 05-03 – September 16, 2003TEGL 05-03 – September 16, 2003 P.L. 109-461 – December 22, 2006P.L. 109-461 – December 22, 2006 Proposed regulations – August 15, 2008Proposed regulations – August 15, 2008 Final rule:Final rule:

Published – December 19, 2008Published – December 19, 2008 Effective – January 19, 2009Effective – January 19, 2009

VPL 07-09/TEGL 10-09 – November 10, 2009VPL 07-09/TEGL 10-09 – November 10, 2009 Implementation – Getting UnderwayImplementation – Getting Underway

`Priority of servicePriority of service' means, with respect to any qualified job training program, that a that a covered person shall be given priority over covered person shall be given priority over nonveterans for the receipt of employment, nonveterans for the receipt of employment, training, and placement servicestraining, and placement services provided under that program.

(Chapter 42, section 4215)

20 CFR 1010.200

`Qualified job training programQualified job training program' is any workforce preparation, development, or delivery program or service that is directly funded, in whole or in part, by the Department of Labor.

(Chapter 42, section 4215)

20 CFR 1010.110

20 DOL- Funded workforce programs are covered by section 4215:o WIA Adult and Dislocated Workero Wagner-Peyser Employment Serviceso Trade Act programso National Emergency Grantso Senior Community Service Employment Program (SCSEP)o Migrant and Seasonal Farmworker programo Indian and Native American programo Job Corps o WIA Demonstration Projectso Labor Market Information Grantso Career One-Stop Electronic Toolso Other Internet-based self-service tools operated by DOL programs

A covered person covered person is entitled to priority of service under any qualified job training program if the person otherwise meets the eligibility requirements for participation in such program.

20 CFR 1010.110

Veteran [38 USC 101(2)] Active military service Discharged under “other than dishonorable” conditions (regulations)

20 CFR 1010.110

This definition differs from the Wagner-Peyser definition that appears at 38 U.S.C. 4211(4)(A) and includes a “180 day” criterion

Eligible SpouseEligibility derived from a living veteran

Service member is missing in action, captured or forcibly detained Veteran has total service-connected disability, per VA evaluation

Eligibility derived from a deceased veteran Veteran died of a service-connected disability Veteran died while a total service-connected disability, per VA evaluation, was in existence

20 CFR 1010.110

Covered Entrant A Veteran or an Eligible Spouse who is; At the “point of entry” to the workforce system or a qualified job training program (i.e., at the initial point of contact, prior to receipt of any services; e.g., an applicant, not a participant)

20 CFR 1010.300

The right to take The right to take precedenceprecedence over non-covered over non-covered persons – Depending on the type of service or persons – Depending on the type of service or resource being provided, taking precedence may resource being provided, taking precedence may mean:mean:

Covered person gains access to service or resource Covered person gains access to service or resource earlier thanearlier than the non-covered persons the non-covered persons

Covered person receives service or resource Covered person receives service or resource instead of instead of a non-covered person when resources are limiteda non-covered person when resources are limited

20 CFR 1010.200

Identifying Identifying covered persons at point of entrycovered persons at point of entry

Implementing processes to ensure covered Implementing processes to ensure covered persons are persons are made aware ofmade aware of:: Entitlement to priority of serviceEntitlement to priority of service Other employment, training and placement Other employment, training and placement

services availableservices available Eligibility requirements for those programs or Eligibility requirements for those programs or

servicesservices20 CFR 1010.230

§ 1010.300(b)(2) of the Rule states: § 1010.300(b)(2) of the Rule states: The The processes for identifying covered persons are processes for identifying covered persons are not required to verifynot required to verify the status of an the status of an individual as a veteran or eligible spouse at individual as a veteran or eligible spouse at the point of entry unless they immediately the point of entry unless they immediately undergo eligibility determination and undergo eligibility determination and enrollment in a program. enrollment in a program. (emphasis added)(emphasis added)