***Weekly Update***
From Legislative Committee Chair: Todd Kolden, Aberdeen Central Office
Week of April 11, 2005
HOUSE SETS AGENDA FOR THE NEXT SEVEN WEEKS
• Congress wrapped up floor action early last week because of the funeral of Pope John Paul II. Before leaving, the House leadership announced its agenda for the next seven weeks. The five-year welfare reauthorization bill (H.R. 204) and the fiscal year 2006 budget resolution conference report are expected to be presented on the House floor before the Memorial Day recess starting on May 26, 2005. The House leadership expects the budget resolution to go to conference during this week.
NASWA PARTICIPATES IN WIA STAKEHOLDERS MEETING SPONSORED BY SENATE HELP COMMITTEE
• On April 7, 2005, the Senate Health, Education, Labor and Pensions (HELP) Committee staff conducted a Stakeholder Meeting for WIA Reauthorization. The purpose of the meeting was to facilitate a greater understanding of the issues that are of concern to groups interested in WIA.
• The invitation for the meeting said it was organized by the "Bipartisan HELP Committee Staff." Beth Buehlmann, a Subcommittee Staff Director, opened the meeting. Ms. Buehlmann said the goal of the Committee is to develop the WIA reauthorization bill in a bipartisan manner and to ensure stakeholders in WIA have the opportunity to provide input. She said the plan is to move WIA reauthorization legislation quickly. The goal is to have the mark-up of the bill by April 27, 2005. However, she emphasized that this is only a goal.
• There were approximately 100 representatives of stakeholder groups present. Oral comments were kept to a minimum. Bob Simoneau of the NASWA staff presented a brief description of the Association's positions on WIA reauthorization. The primary message was WIA should include more flexibility for governors.
• NASWA staff described three policy positions submitted in previous letters to Congress. First, the state share of allocations for WIA programs should be no less that fifty percent, with no strings attached. Second, all mandatory partners in the workforce system should share the costs of one-stop infrastructure. Third, governors should be given maximum flexibility to structure a within-state workforce development system to respond to state and local conditions.
• Because NASWA members are divided, NASWA has not made a recommendation on consolidation of funding streams and has not made specific recommendations on Senate Bill 9, this year's Senate WIA reauthorization bill. Staff from the National Association Governors' Center for Best Practices (NGA) discussed the recent policy paper approved by the governors. The governors were also not able to reach agreement on consolidation of funding streams; however, they did approve a recommendation to allow governors the option to pool WIA, higher education, Temporary Assistance for Needy Families (TANF), and other sources of federal training money at the state level to respond to the needs of workers and businesses.
• Many of the attendees at the meeting were representatives of disability groups or associations and representatives of local areas. Many of those in attendance opposed designated funding in federal laws authorizing one-stop partner programs for one-stop infrastructure costs, and most opposed the Administration's proposal called WIA Plus, especially the inclusion of Youth in the basic consolidation proposal and the inclusion of Vocational Rehabilitation in the "new menu options."
FEDERAL BONDING PROGRAM-A NO-RISK JOB PLACEMENT TOOL
• The U.S. Department of Labor's Federal Bonding Program offers a proven and effective tool for workforce development professionals to help both employers and at-risk job applicants. The program has bonded over 42,000 at-risk job applicants in jobs with a 99 percent success rate.
• The Federal Bonding Program enables workforce development staff to help at-risk job applicants such as ex-offenders, recovering substance abusers, and others with problematic work histories get and keep a job at no financial risk to the employer. The opportunity to obtain a free fidelity bond allows the employer to focus on the worker's skills and productivity without taking any financial risk in the event of worker dishonesty on the job. The program can be used in the Prisoner Reentry Initiatives grants which were announced in the April 1 Federal Register.
• Promotional material for the Federal Bonding Program includes the following information:
• Jobseekers - Bonding helps jobseekers experiencing difficulty in securing opportunities to show they can be productive workers. At-risk job applicants increase their options for and chances of employment when they can offer the bonds to employers. Bonding eliminates one of the main barriers to employment, enabling jobseekers to make a new start and level the playing field.
• Employers - As an employer incentive, bonding helps eliminate financial risk to employers. An employer can focus on the worker's skills, abilities and knowledge. The employer fills out no forms and signs no documents. What's more, the bond is effective immediately-on the first day of employment.
• One-Stop Career Centers - Bonding is a unique and innovative tool to market applicants to employers. Bonding helps improve a Center's efficiency since fewer referrals are needed to secure job placements, and it increases a Center's credibility with employers. Completing the one-page certification form takes just a few minutes.
• Coverage - Bonds are available in your state at no cost financially to either the One-Stop Career Center or employers. The bond insures employers, for the first six months, against any job-related theft, forgery, larceny or embezzlement by employees that might occur on or away from work facilities. Employers can request a bond for any full- or part-time employees. The only federal requirements are that the jobseekers meet the state's legal age for working, and bondees be bona fide employees. Fidelity bonds cannot cover self-employed persons.
ETA ISSUES $19.8 MILLION FOR PRESIDENT'S PRISONER RE-ENTRY INITIATIVE
• On April 1, 2005, USDOL/ETA announced the availability of $19.8 million for the prisoner re-entry initiative to eligible FBCOs. Initial funding will provide for 30 projects. USDOL anticipates FBCOs will receive grants of approximately $660,000 for each of the 30 awarded projects to cover their first year of operations. Applicants may request a larger or smaller amount based on the size of the community to be served, but deviations from the $660,000 must be clearly justified in the application.
• The Prisoner Re-entry Initiative seeks to strengthen urban communities characterized by large numbers of returning prisoners through an employment-centered program that incorporates mentoring, job training, and other comprehensive transitional services. This program, which involves several Federal agencies, is designed to reduce recidivism by helping inmates find work when they return to their communities, as part of an effort to build a life in the community for everyone. The program's first year goal is to serve 6,250 released prisoners with projects in 30 communities across the country.
• The announcement also identified the Department of Justice awarding competitive grants to State agencies to provide pre-release services to prisoners who will be returning to the communities served by the USDOL grants. The Department of Housing and Urban Development may, in future years, provide funds under this initiative for housing services. The Department of Health and Human Services is also assisting in the design and implementation of the initiative regarding substance abuse and mental health treatment.
Week of April 18, 2005
SENATE HELP COMMITTEE CONDUCTS HEARING ON LIFELONG EDUCATION
• On April 14, the Senate Health, Education, Labor and Pensions Committee held a hearing on lifelong education. Chairman Michael Enzi (R-WY) opened the hearing saying, "Lifelong education opportunities are vital to ensuring that America retains its competitive edge in the global economy, and that every American can participate in our nation's success. In our technology-driven economy, school can never be out. It is estimated that 60 percent of tomorrow's jobs will require skills that only 20 percent of today's workers possess."
• He added, "Earlier this year I introduced S. 9: The Lifelong Education Opportunities Act of 2005," added Chairman Enzi, "It has four stated purposes: to set high expectations and raise achievement levels for all students, regardless of their backgrounds; to improve accountability for results; to provide flexibility to the States to manage Federal program dollars effectively; and, to support a lifetime of learning opportunities for students and adults at all stages in life."
• According to Chairman Enzi, most Federal policies dealing with training and the workforce are needing reauthorization, which provides an opportunity to take a fresh look at how to structure education and training programs to better meet the needs of our economy and at the same time ensure every person has the opportunity they need to obtain the academic and technical skills they need to succeed.
• The intent of the hearing was to look at lifelong education and the need to coordinate federal programs and services, including the Workforce Investment Act (WIA), Higher Education Act, Head Start, Carl D. Perkins Vocational and Technical Education Act, Vocational Rehabilitation Act, No Child Left Behind legislation, and Pell Grants.
• Secretary of Labor Elaine L. Chao and Secretary of Education Margaret Spellings testified on the first panel of the hearing. Secretary Chao indicated the need to include the Administration's reforms in reauthorization of WIA. "The President wants to make sure that job training programs are successfully training people for better jobs," said Secretary Chao. "WIA Plus will help more workers find good jobs by making sure that less is spent on the bureaucracy and more resources are devoted to helping people learn new skills," Chao added.
• Secretary Chao outlined seven principles of the President's job training reform proposals.
o Give states and local communities maximum flexibility and authority to design a workforce system that meets their needs;
o In exchange for greater flexibility, USDOL will demand greater accountability;
o Reduce the overall costs of the system;
o Create a more effective governance structure by enhancing the role of state and local officials;
o Take steps to strengthen the One-Stop Career Center System;
o The One-Stop system must be able to provide all the services that individuals need to find jobs and upgrade skills, and to serve all populations, including those with the greatest barriers to employment; and,
o Individual choice should be enhanced in the workforce investment system through the use of Innovative Training Accounts.
• In her testimony Secretary of Education Margaret Spellings praised the success of the No Child Left Behind (NCLB) legislation, and advocated for expansion of NCLB to include grades 9 -12. Secretary Spellings said, "President Bush has proposed a $1.5 billion High School Initiative aimed at giving States, districts, and principals more flexibility, effective tools for improving high schools than they have under the existing array of uncoordinated, narrow-purpose programs that the initiative would replace."
• Chairman Enzi said the HELP Committee was determined to draft legislation in a bi-partisan way. He asked the Secretaries to discuss legislation that would help the achievement of their goals. Secretary Chao mentioned the High Growth Job Training Initiative and the partnerships developed with Community Colleges, especially the Community College Initiative grants. She also discussed the Memorandum of Understanding between the USDOL and the Department of Education, which includes common definitions and performance measures.
• The second panel of the hearing included testimony from two governors: Governor Ernie Fletcher of Kentucky and Governor Kathleen Sebelius of Kansas. Governor Sebelius is also Chair of the National Governors Association (NGA), Early Childhood and Workforce Committee.
• Governor Sebelius said, "In February, the nation's governors approved three new policies that offer bipartisan recommendations to align federal education laws, accelerate state high school redesign, and promote lifelong learning through the Workforce Investment Act (WIA)."
SUPPLEMENTAL SPENDING BILL STALLED OVER IMMIGRATION POLICY
• Senate Majority Leader Bill Frist (R-TN) had indicated earlier in the week his desire to keep immigration and boarder-security amendments off the FY 2005 supplemental spending bill for Iraq and Afghanistan. On Wednesday, April 13, 2005, Senator Barbara Mikulski (D-MD) offered an amendment that would exempt certain low-wagel, seasonal foreign workers from the annual cap of 66,000 on H-2B visas. Her proposal would exempt from the annual cap seasonal foreign workers who have successfully used their H-2B visa program and have returned to their home countries when their work visas expired. This morning, Congressional sources have reported that support for her amendment is growing on both the sides of the aisle.
• Currently, employers cannot seek visas for those workers until October because the annual cap on those visas has been exhausted. Since there was no agreement on how to handle amendments, some amendments would go to the Senate floor for consideration. There is yet another amendment that might be introduced by Senator Larry Craig (R-ID) that would provide legal status to about 500,000 undocumented farmworkers, and would streamline the H-2A visa program for foreign agriculture workers.
• The debate on immigration policy is expected to further delay consideration of the FY 2005 supplemental, which provides $80.6 billion in emergency funds to continue military action in Iraq and Afghanistan. Meanwhile a bipartisan group of twelve senators urged Senator Frist to oppose any attempts to attach House-passed immigration provisions to the bill. Such provisions also would establish national driver's license standards and strict asylum requirements, and authorize completion of a fence on the U.S. Mexico boarder near San Diego.
WIA PLUS TOPIC AT NCSL'S SPRING FORUM
• WIA Plus was the subject of a panel discussion at the National Conference of State Legislature's (NCSL) Spring Forum. The NCSL Labor and Workforce Development Standing Committee hosted a panel called, "WIA Plus: What will it mean for States?" Panelists were Deputy Assistant Secretary of Labor for the Employment and Training Administration Mason Bishop; Daria Daniels, Associate Legislative Director for the National Association of Counties (NACo); and Bob Simoneau, NASWA Workforce Development Director.
• Mason Bishop said there are three major economic realities that need to be considered in developing workforce legislation:
o We are now in an innovation economy where the level of knowledge determines success - in fact, 80 percent of the fastest growing jobs require education and training beyond high school;
o Entire industries are transforming - workers also must change or be left behind; and,
o The current array of special-interest-driven job training programs are not prepared or equipped to handle these realities.
• Mr. Bishop shared a chart showing the current funding levels for the four programs proposed to be consolidated in the "Proposed WIA Base Grant." The four programs and the current funding levels are:
o WIA Dislocated Workers: $1.45 billion (includes Secretary's Reserve - 20%, State Rapid Response - 20%, Statewide Activities - 12%, and Direct Services - 48%);
o WIA Youth: $995 million (includes Statewide Activities - 15% and Direct Services - 85%);
o WIA Adults: $894 million (includes Statewide Activities - 15% and Direct Services - 85%); and
o Wagner-Peyser/Employment Service: $821 million - 100% Direct Services.
• The Administration's proposal is to combine the four programs listed above into one consolidated funding grant, plus to provide governors the option to pick from one to five additional programs which could be added to the consolidated grant. This proposal is referred to as "WIA Plus", which has been described in further detail in previous Bulletin articles. The five programs in WIA Plus are: Veterans Employment (USDOL), Trade Adjustment Assistance (USDOL), Vocational Rehabilitation (Education), Adult Education (Education), and Food Stamps Employment & Training (Agriculture).
• Together the nine (four base + five optional) programs represent $7.5 billion in federal resources. Mr. Bishop said, "by choosing to consolidate programs, states will be able train more workers, rationalize the way they deliver related services, achieve better results, and reduce administrative overhead.
• Daria Daniels from NACo reported on NACo's positions on key reauthorization issues:
o The system governance should not be changed;
o The local-based delivery system should not be changed;
o The consolidated funding proposal is supported, but needs to ensure state and local shares are appropriate; and,
o NACo supports H.R. 27, but has not taken a position on WIA Plus.
• Bob Simoneau, NASWA staff, reported NASWA has expressed support as well as concerns on numerous provisions in WIA reauthorization legislation proposed in the 108th Congress. He said NASWA's basic position is WIA reauthorization should include more flexibility for governors. Mr. Simoneau said NASWA has recommended changes in the responsibility of the state and local workforce investment boards, elimination of the requirement for Youth Councils, greater flexibility in the delivery of core, intensive and training services, greater flexibility for governors to establish eligible training provider programs, simplification of performance measures, the state share of allocations for WIA Adult programs should be no less than 50 percent with no strings attached, mandatory partners in the workforce investment system should share the costs associated with the one-stop infrastructure funding, governors should be given maximum flexibility to designate and re-designate local workforce areas, and statutory limitations to increased waiver authority should be removed. Because NASWA members are divided, NASWA has not made specific recommendations on the administration's proposed consolidation of funding streams, H.R. 27 or S. 9.
• During the question and answer period, several of the State Legislators in attendance questioned the proposal to add the ability to serve individuals who are currently employed - Incumbent Workers. Their concerns primarily focused on spending funds on employed individuals when there is a lack of funds to serve the unemployed and needy. In addition, they were concerned that in some states where there is an employer-funded training program initiated for incumbent workers - these employers may resist continued state spending on the program if federal funding is available.
ETA SEEKS EXTENSION OF WORK-FLEX PROGRAM
• On April 14, ETA announced through a Federal Register Notice that it is seeking an extension of a currently approved collection - the Workforce Flexibility (Work-Flex) Program. Under the Work-Flex program, governors may request waiver authority from the Secretary of Labor to waive certain provisions of the Workforce Investment Act (WIA) Title I programs. Applications are then submitted to the Employment and Training Administration (ETA) on behalf of states and local areas to implement reforms of State Workforce Investment systems.
• The Federal Register provides additional background on this request and summarizes ETA's desired focus for public comment. Please submit your comments to the Office of Information and Regulatory Affairs, OMB Desk Officer for USDOL, Office of Management and Budget, Room 10235, Washington, DC 20503, phone number 202.395.7316, by May 14, 2005
FINAL WIA AND WAGNER-PEYSER ACT GUIDANCE PUBLISHED
• On Tuesday, April 12, 2005, ETA published the final WIA and Wagner-Peyser strategic planning guidance in the Federal Register. In an earlier Federal Register Notice, ETA had requested an extension and revision of the currently approved information collection for state Planning Guidance for state Unified Plans submitted under section 501 of WIA. This February Federal Register also noted all current WIA plans expire on June 30, 2005, and Congressional reauthorization of WIA is unlikely before this date. OMB clearance had been needed in order for ETA to obtain information from states choosing to submit a state Unified Plan that includes the WIA Strategic Five Year State Plan for Title I and Wagner-Peyser programs and applied to the "Stand-Alone" Planning Guidance. The workforce development system had also been notified of ETA's intention to publish this guidance in an earlier TEGL, No. 14-04.
UPDATE ON FY 2005 REEMPLOYMENT AND ELIGIBILITY ASSESSMENT (REA) GRANTS
• Last month, ETA announced almost $18 million in first-time funding for systems that will provide REA services to unemployment insurance (UI) recipients. Grants have been awarded to 20 states and the District of Columbia and their workforce agencies also have agreed to participate in a USDOL-funded study of the initiative
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Week of April 25, 2005
SENATE CONSIDERATION OF WIA BILL EXPECTED IN MAY
• The Senate Committee on Health, Education, Labor and Pensions (HELP) could be ready to mark-up its legislation to reauthorize the Workforce Investment Act (WIA) as early as the week of May 9. Senate staff have held a series of closed-door meetings over the past few weeks to negotiate legislative details, but apparently are not in a position to move the legislation on April 27, the original tentative date established for the mark-up. A Senate HELP Committee hearing on an unrelated topic is now scheduled on April 27. Senate staff members said this week they are targeting a tentative mark-up on May 11. The House approved its WIA bill (H.R. 27) on March 2.
• It is not clear if the Senate's bill will adopt the Administration's "WIA-Plus" proposal to consolidate the Wagner-Peyser, WIA Adult, WIA Dislocated Worker and WIA Youth funding streams into a single consolidated federal block grant and give governors the option to consolidate additional programs including Trade Adjustment Assistance (TAA) training, Vocational Rehabilitation and Veterans employment programs. A number of Washington based interest groups distributed updates to their members last week indicating the Senate bill will include WIA-Plus language and encouraged their members to actively oppose the proposal. NASWA has learned Senate staff members continue to consider the merits of the Administration's proposals, the leadership of the HELP Committee has made no final decisions.
SENATE COMMITTEE HOLDS HEARING ON MILITARY TRANSITION TO CIVILIAN LIFE
• On April 19, the Senate Veterans Affairs Committee conducted a hearing titled "Back from the Battlefield, Part II: Seamless Transition to Civilian Life." The hearing was opened by Senator Daniel Akaka (D-HI), the Ranking Member of the Committee. Bob Simoneau, NASWA Workforce Development Director, attended the hearing.
• The hearing's purpose was to determine how well services are provided by federal agencies to transition returning military personnel to civilian life. Although Committee Chairman Larry Craig (R-ID) was not able to attend the meeting, his prepared remarks stated, "Our government has many programs designed to assist service members in their transition to "veteran" status. Whether it is disability compensation, vocational rehabilitation and training, career counseling, or employment placement, there are many resources available. The question is, do returning combat veterans know about these programs? Are those programs provided at a time when they are most needed? What priority do returning combat soldiers have in accessing these programs?"
• The first panel of the hearing consisted of two combat soldiers wounded in Iraq, treated at Walter Reed Army Medical Center, and who received transitioning services from federally-funded programs. Tristan Wyatt enlisted in the Army in October of 2002 and was deployed to Iraq in late February 2003. On August 25 of that year he was engaged in a fire fight outside of Fallujah where he was wounded and lost his right leg above the knee. Mr. Wyatt is now employed at the Department of Veterans Affairs' (VA) Washington Regional Office where he specializes in cyber security.
• Mr. Wyatt praised the information and service he received from the VA. According to Mr. Wyatt, injured soldiers are often in a haze, confused, and fearful about their future. At the same time, they receive an abundance of information from many sources. It is very confusing and most information gets lost at the point of discharge. He made recommendations to the Committee for better facilitation and coordination of the information provided to veterans while in the hospital. He said the information should be repeated once the soldier returns to his home area. Mr. Wyatt recommended the Medical Review Board process be expedited; there is too much waiting for paper processes to be completed. He said he is single and it was not a problem to move from his home state of Colorado to work in Washington for the VA position; however, for married soldiers, especially with children, the decision might not be as easy. More should be done to ensure the entire family unit receives the services needed for proper transition to civilian life.
• Army First Lieutenant John A. Fernandez, a West Point graduate and captain of the Army lacrosse team, was deployed to Kuwait in January of 2003. On April 3, 2003, twenty miles south of Baghdad, Lt. Fernandez was injured when a 500 pound laser-guided bomb hit in close proximity. As a result of this "friendly fire" incident, he had both of his legs amputated below the knee.
• Lt. Fernandez agreed with Mr. Wyatt's recommendation for better organization and facilitation of information provided to the returning soldier. He said the VA provided a lot of information, but he relied on representatives of Veterans Service Organizations (VSO) to help decipher it. According to Lt. Fernandez, it is extremely important to provide the information to the soldier again after he returns to his home base. He also recommended a "Single Point of Contact" for the veteran.
• Senator Patty Murray (D-WA) said her biggest concern is states like Washington have many returning National Guard and Reservists. Hospitals like Walter Reed and Bethesda Naval are excellent medical facilities; however, Washington and Colorado do not have the military hospitals like those in the east. Mr. Wyatt agreed, indicating Walter Reed had the very best equipment, prosthesis and service available. The hospital in Colorado did not have the ability to provide the same level of choices and services. He said he was confused when he arrived in Colorado on who he was supposed to contact for follow-up services.
• Senator Murray also requested that the record reflect the concern she hears that the Department of Defense and its military branches are pressuring injured combat veterans to get out of the military as quickly as possible after their injury.
• Senator Ken Salazar (D-CO) said he wants to ensure VA benefits are available for the injured veteran as long as needed. Mr. Wyatt responded that often it takes a long time to get well enough to attend school or to look for work and benefits should be available as long as they are still needed.
• The second panel consisted of Daniel Cooper, Undersecretary of Veterans Affairs for Benefits; John Molino, Deputy Undersecretary of Defense for Military Community and Family Policy; and Frederico Juarbe, Jr., Assistant Secretary of Labor for Veterans Employment and Training Service (ASVET).
• Mr. Juarbe explained the Transition Assistance Program (TAP) workshops provided by VETS and Department of Defense funding. TAP is offered throughout the United States and in several other countries: Germany, Italy, United Kingdom, mainland Japan, Korea, Okinawa, and Guam. State Workforce Agency DVOP and LVER personnel are the primary source for TAP workshops facilitation stateside. He also described the activity for the Uniformed Services Employment and Reemployment Rights Act (USERRA).
• Mr. Juarbe described the Recovery & Employment Assistance Life Lines (REALifeLines) initiative. REALifeLines representatives are currently stationed at Walter Reed Army Medical Center and Bethesda Naval Medical Center. New specialists have begun work with the 654th Medical Holding Company at Fort Sam Houston in San Antonio, Texas and Fort Lewis, Washington. REALifeLines representatives are state workforce system employees with experience in career coaching, case management, job searches, transition assistance, reemployment rights and crisis intervention. This project connects the injured soldier with the local DVOP and VA staff in the soldier's home area.
• Mr. Juarbe said there are tremendous resources available through the DVOP and the Local Veterans Employment Representative (LVER) programs. DVOPs are assigned to work directly with the injured soldier, focusing on early intervention and personal service.
ETA ISSUES REVISED POLICY ON COMMON MEASURES
• The Employment and Training Administration (ETA) this week released Training and Employment Guidance Letter (TEGL) 28-04 to inform states of a revised policy on common performance measures for federal job training and employment programs. The newly released TEGL replaces TEGL 15-03. According to the TEGL 28-04, common measures are an integral part of ETA's performance accountability system to describe in a similar manner the core purposes of the workforce system, how many individuals found jobs, for how long and did their earnings increase.
• Although program efficiency was identified as a common measure for federal job training and employment programs in TEGL 15-03, ETA has revised its policy and will not require states to report on this measure. Instead, ETA will use existing program management data to report program efficiency at a national level to the Office of Management and Budget (OMB). Programs administered by the Departments of Labor, Education, Health and Human Services, Veterans Affairs, Interior, and Housing and Urban Development are subject to the common measures. The TEGL provides further information on ETA's common measures policy, job training and employment programs impacted by the common measures, and additional clarifying material.
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