Veterans' Employment, Training, and Counseling Amendments of 1988

(Measure passed House, amended, roll call #72 (417-0))

Veterans' Employment, Training, and Counseling Amendments of 1988 - Amends Federal veterans' employment and job training provisions to direct the Secretary of Labor (the Secretary), acting through the Assistant Secretary of Labor for Veterans' Employment and Training (the ASVET), to: (1) carry out all programs under the Secretary's jurisdiction relating to the provision of employment and training services for disabled veterans, Vietnam veterans, and other eligible veterans and persons; (2) encourage maximum cooperation with private industry, educational institutions, and trade and labor organizations; (3) coordinate all such programs with programs and activities conducted by the Administrator of Veterans Affairs for the benefit of such veterans, including programs relating to veterans' reemployment rights; (4) coordinate job placement activities with State and local employment officials; (5) make funds available in each State to support the efforts of disabled veterans' outreach program specialists (DVOPSs) and local veterans' employment representatives (LVERs), and to monitor the proper use of such funds; and (6) monitor the appointment of DVOPSs and the assignment of LVERs to ensure compliance with appropriate Federal law. Provides further conditions concerning the use of State funds for DVOPSs and LVERs. Requires the Secretary to assign to each region for which the Secretary operates a regional office a representative of the Veterans' Employment and Training Service to serve as the Regional Administrator for Veterans' Employment and Training.

Amends and repeals specified provisions of current Federal law made inconsistent by the amendments made under this Act.

Requires the Secretary to include in the Department of Labor's annual budget an estimate of the funding needed to support the LVERs as well as the proposed numbers, by States, of DVOPSs and LVERs assigned in accordance with this Act. Directs the Secretary, no later than February 1 annually, to report to the appropriate congressional committees on the success during the preceding fiscal year of the Department of Labor and its affiliated State employment service agencies in carrying out the provision of this Act regarding the provision of employment and training programs and services to meet the needs of veterans. Outlines other information to be included in such report, including job-placement-rate comparisons according to age groups.

Provides that the total amount of funds to be provided to States for DVOPSs and LVERs shall be sufficient to support the assignment of 1,600 full-time LVERs and the State's administrative expenses associated with the assignment of such a number of LVERs to each State. Outlines further administrative provisions concerning the allocation of funds to each State in support of their assigned LVERs, and of the actual assignment of such LVERs within the State. Describes terms under which veterans and other persons shall be considered to be registered for assistance with the local employment service, for purposes of the allocation of LVERs. Requires that preference in LVER assignments be given to: (1) qualified service-connected disabled veterans; (2) qualified veterans; and (3) qualified eligible persons.

Defines "Local Employment Service Office" (LESO) for purposes of this Act.

Directs State employment agencies to develop standards for the performance of DVOPSs and LVERs. Outlines appropriate measures to be included in such standards, including the extent to which DVOPSs facilitate the successful completion of training by veterans participating in job training programs under the Veterans' Job Training Act VJTA. Requires the Secretary to provide a prototype of performance standards. Requires the State Directors and Assistant Directors for Veterans' Employment and Training to regularly monitor the performance of DVOPSs and LVERs under this Act and to submit to the head of the appropriate State employment service recommendations and comments in connection with the annual performance ratings of DVOPSs and LVERs in the State.

Provides for the waiver, in certain circumstances, of a State residency requirement for the positions of State Directors and Assistant Directors for Veterans' Employment and Training.

Directs the Secretary of Defense, in order to assist the Secretary of Labor and the Administrator of Veterans Affairs in identifying employers with potential job training opportunities under the VJTA and other Federal provisions, to provide to the Secretary and the Administrator, no later than 30 days after the enactment of this Act, any lists of employers participating in the National Committee for Employer Support of the Guard and Reserve, and, on the 15th day of each month, update the information provided on such list. Directs the Administrator to provide to appropriate employment services, on a monthly or more frequent basis, the name and address of each area employer that offers a program of job training approved by the Administrator under the VJTA.

Requires the State Directors and Assistant Directors for Veterans' Employment and Training to supervise and monitor the provision of services to eligible veterans and other eligible persons by their State's public service employment systems and by other employment and training programs administered by the Secretary of Labor, other federally-funded programs, or by the State.

Requires State Directors and Assistant Directors to monitor the implementation of Federal laws requiring preference for veterans in employment and job advancement opportunities within the Federal Government. Requires reports of non-compliance to the Office of Personnel Management for enforcement. Requires monitoring of listings of vacant positions with the U.S. Employment Service by Federal agencies as required under existing law. Requires the Directors and Assistant Directors to conduct annual evaluations and make recommendations, as appropriate, concerning each employment office and services provided. Sets priorities for such monitoring.

Directs the Secretary, in order to provide training for the efficient and effective provision of employment, job training, counseling, placement, job-search, and related services to veterans, to establish and fund a National Veterans' Employment and Training Services Institute for the training of DVOPSs, LVERs, State Directors for Veterans' Employment and Training, Regional Administrators, and other appropriate personnel.

Directs the Secretary, through the Bureau of Labor Statistics, to conduct, on a biennial basis, studies of unemployment among special disabled veterans and among veterans who served in the Vietnam theater of operations and promptly report to the Congress the results of such studies. Requires the first such study to be completed within 180 days after the enactment of this Act.

Adds to the membership of the Secretary of Labor's Committee on Veterans' Employment the representatives of the Secretary of Education, the Postmaster General, and any other Federal agency requesting representation.

Amends the VJTA to require the Secretary to provide for a program under which: (1) a DVOPS is assigned as a case manager to each veteran participating in a job training program; (2) the veteran has an in-person interview with the case manager no later than 60 days after entering into such a program; and (3) periodic contact is maintained with each such veteran by his or her case manager. Provides that no case manager will be assigned if the Secretary determines such services are not needed. Requires the Administrator and the Secretary to jointly provide, to the extent feasible: (1) a program of counseling services designed to resolve difficulties that may be encountered by veterans during their job training; and (2) a program of information services relating to support services available in counseling and career development. Requires a veteran who is unsuccessful in completing a job training program to be provided with case manager services before receiving a new certificate authorizing participation in another job training program under the VJTA.

Amends the VJTA to require the Administrator to provide a program of job-readiness skills development and counseling services, coordinating such program with the readjustment counseling program. Limits the amount of funds which may be paid for such development services.

Provides that, if the Secretary determines that the rate of veterans' successful completion of an employer's VJTA program is disproportionately low, the Administrator must disapprove participation in such program by veterans who have not begun participation on the date that the employer is notified of the disapproval. Requires the employer to be given notice of the disapproval. Provides that such a disapproval shall remain in effect until such time as the Administrator determines that adequate remedial action has been taken by the employer.

Amends the VJTA to extend the authorization of appropriations through FY 1989 and the availability of such authorized appropriations through FY 1991. Provides that any funds obligated for the purpose of making payments to employers under a VJTA program which are later deobligated would become immediately available to the Administrator for reobligation for VJTA payments, without the possibility of any officer or employee in the executive branch delaying the reobligation of such funds.

Postpones until September 30, 1989 (currently, June 30, 1988) the deadline for eligible veterans to apply for participation in a VJTA program and postpones until March 31, 1990 (currently, June 30, 1988) the deadline for entering training under such a program.

Directs the Secretary, on a not less frequent than quarterly basis, to collect from State employment agencies and from the State Directors for Veterans' Employment and Training specified information concerning veterans receiving counseling under, participating in, completing, or failing to complete VJTA-sponsored job training programs.

Directs the Administrator to provide for a study, based on valid statistical samplings, of the implementation of the VJTA and to transmit to the appropriate congressional committees a report containing, to the extent feasible, placement, demographic, ranking, and other data by regional office and by State.

Transfers funding from the general account to the readjustment benefits account for reimbursement of State approving agencies' (SAA) expenses of salary, travel, and administration incurred in contract performance of education and on-the-job training course approvals. Sets an annual cap of $12,000,000 on SAA reimbursements. Requires the Administrator to transmit to the Congress a quarterly report summarizing certifications and payments.

Requires the Administrator: (1) to conduct an annual evaluation of each SAA and provide SAAs an opportunity to comment on the evaluation; (2) supervise functionally the provision of course-approval services by States; and (3) cooperate in developing a uniform national curriculum for training of employees of SAAs. Requires SAAs carrying out contracts with the Administrator to apply qualification and performance standards to SAA personnel.

Amends the Veterans' Benefits Improvement and Health-Care Authorization Act of 1986 to add the Assistant Secretary of Defense for Force Management and Personnel as an ex officio, non-voting member of the Veterans' Education Policy Commission.