79–006 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 111–110 

MANDATORY VETERAN SPECIALIST TRAINING ACT OF 

2009 

MAY 14, 2009.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. FILNER, from the Committee on Veterans’ Affairs, 

submitted the following 

R E P O R T 

[To accompany H.R. 1088] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Veterans’ Affairs, to whom was referred the 

bill (H.R. 1088) to amend title 38, United States Code, to provide 

for a one-year period for the training of new disabled veterans’ outreach program specialists and local veterans’ employment representatives by National Veterans’ Employment and Training Services Institute, having considered the same, report favorably thereon 

without amendment and recommend that the bill do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 2 

Background and Need for Legislation .................................................................... 2 

Hearings ................................................................................................................... 3 

Subcommittee Consideration .................................................................................. 3 

Committee Consideration ........................................................................................ 3 

Committee Votes ...................................................................................................... 3 

Committee Oversight Findings ............................................................................... 4 

Statement of General Performance Goals and Objectives .................................... 4 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 4 

Earmarks and Tax and Tariff Benefits .................................................................. 4 

Committee Cost Estimate ....................................................................................... 4 

Congressional Budget Office Estimate ................................................................... 4 

Federal Mandates Statement ................................................................................. 5 

Advisory Committee Statement .............................................................................. 5 

Constitutional Authority Statement ...................................................................... 6 

Applicability to Legislative Branch ........................................................................ 6 

Section-by-Section Analysis of the Legislation ...................................................... 6 

Changes in Existing Law Made by the Bill as Reported ...................................... 6 


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PURPOSE AND SUMMARY

H.R. 1088 was introduced on February 13, 2009, by Representative Stephanie Herseth Sandlin of South Dakota, the Chairwoman 

of the Subcommittee on Economic Opportunity of the Committee on 

Veterans’ Affairs. This legislation would reduce the allotted time to 

attend the training administered by the National Veterans’ Employment and Training Services Institute (NVTI) from three years 

to one year from the date of hire for state employees assigned to 

perform duties of a Disabled Veterans’ Outreach Program (DVOP) 

Specialist or a Local Veterans’ Employment Representative 

(LVER). 

BACKGROUND AND NEED FOR LEGISLATION

The Veterans’ Employment and Training Service (VETS) of the 

U.S. Department of Labor (DOL) is responsible for overseeing transition services programs, employment programs, and protecting 

employment rights, in addition to other workforce-related matters 

for veterans. Furthermore, VETS oversees DVOP and LVER programs dedicated to assisting transitioning servicemembers and disabled veterans to the civilian workforce. 

The role and responsibilities of DVOPs and LVERs are to assist 

veterans with securing gainful employment. To help veterans 

achieve employment, they help facilitate services for veterans who 

have special needs, provide training opportunities, career counseling, and job referrals. While not limited to these tasks, they also 

attend or coordinate job fairs, and help build relationships with potential employers to increase employment opportunities. 

The U.S. Department of Labor established the NVTI to provide 

specialized training and professional skills enhancement of veterans’ service providers’ staff. NVTI is operated by the University 

of Colorado at Denver, with classes offered on campus and by longdistance learning. 

The NVTI basic training focuses on improving employment services for veterans through a professional skills-development program. Those that attend training include DVOPs and LVERs. 

Training is designed to provide the necessary skills sets and competence to participants to meet the needs of veterans. The offered 

courses address the following core issues: veterans’ benefits, transition assistance, case management, marketing and accessing the 

media, management of veterans’ services, and includes a basic employment course. 

During the 110th Congress, the Subcommittee on Economic Opportunity held various hearings in which concerns were raised over 

inadequately trained DVOPs and LVERs. Currently, DVOPs and 

LVERs are required to attend NVTI courses within three years of 

being employed. Veterans service organizations argued that the 

three-year time limitation does not meet the needs of veterans because the average time it takes DVOPs and LVERs to attend NVTI 

is 2.5 years. In other words, these untrained specialists spend time 

doing work unrelated to employment service and lack the necessary 

skills to help veterans. 

The Committee agrees that while the current core training requirements provide critical information necessary for a successful 

DVOP and LVER, current law fails to meet the needs of veterans 


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by permitting DVOPs and LVERs to work while lacking the skills 

to effectively assist military veterans. 

The Committee believes that requiring early training for DVOPs 

and LVERs is the best way to ascertain that a greater number of 

employment service programs will increase the proficiency of 

DVOPs and LVERs to assist servicemembers with transition assistance, veterans’ benefits, and a higher employment track. 

HEARINGS

On March 4, 2009, the Subcommittee on Economic Opportunity 

held a legislative hearing on several bills introduced during the 

111th Congress, including H.R. 1088. The following witnesses testified: The Honorable Steve Israel of New York; The Honorable Peter 

Welch of Vermont; The Honorable Lloyd Doggett of Texas; Mr. Justin Brown, Legislative Associate, National Legislative Service, Veterans of Foreign Wars of the United States; Ms. Cheryl Beversdorf, 

RN, MHS, MA, President and Chief Executive Officer, National Coalition for Homeless Veterans; Mr. John L. Wilson, Associate National Legislative Director, Disabled American Veterans; Mr. Mark 

Walker, Assistant Director, National Economic Commission, The 

American Legion; Mr. Thomas Zampieri, Ph.D., Director of Government Relations, Blinded Veterans Association; Mr. Patrick H. 

Boulay, Chief, USERRA Unit, U.S. Office of Special Counsel; Mr. 

Keith M. Wilson, Director, Education Service, Veterans Benefits 

Administration, U.S. Department of Veterans Affairs. Those submitting statements for the record included: Mr. John M. 

McWilliam, Deputy Assistant Secretary, Veterans’ Employment 

and Training Service, U.S. Department of Labor; The Honorable 

Rodney Alexander of Louisiana; The Honorable Steve Buyer of Indiana; The Honorable Bob Filner of California; Mr. David French, 

Vice President, Government Relations, International Franchise Association; Mr. Thomas S. Whitaker, President and Deputy Chairman, North Carolina Employment Security Commission, on behalf 

of National Association of State Workforce Agencies; and the Paralyzed Veterans of America. 

SUBCOMMITTEE CONSIDERATION

On March 19, 2009, the Subcommittee on Economic Opportunity 

met in open markup session and ordered favorably forwarded to 

the full Committee H.R. 1088 by voice vote. 

COMMITTEE CONSIDERATION

On May 6, 2009, the full Committee met in an open markup session, a quorum being present, and ordered H.R. 1088 reported favorably to the House of Representatives, by voice vote. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the record votes on the motion 

to report the legislation and amendments thereto. There were no 

record votes taken on amendments or in connection with ordering 

H.R. 1088 reported to the House. A motion by Mr. Buyer of Indiana 


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to order H.R. 1088 reported favorably to the House of Representatives was agreed to by voice vote. 

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII and clause 2(b)(1) 

of rule X of the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in the 

descriptive portions of this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

In accordance with clause 3(c)(4) of rule XIII of the Rules of the 

House of Representatives, the Committee’s performance goals and 

objectives are reflected in the descriptive portions of this report. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee adopts as its own the estimate of new budget authority, entitlement authority, or tax expenditures or revenues contained in the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

EARMARKS AND TAX AND TARIFF BENEFITS

H.R. 1088 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e), 

or 9(f) of rule XXI of the Rules of the House of Representatives. 

COMMITTEE COST ESTIMATE

The Committee adopts as its own the cost estimate on H.R. 1088 

prepared by the Director of the Congressional Budget Office pursuant to section 402 of the Congressional Budget Act of 1974. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

Pursuant to clause 3(c)(3) of rule XIII of the Rules of the House 

of Representatives, the following is the cost estimate for H.R. 1088 

provided by the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, May 13, 2009. 

Hon. BOB FILNER, 

Chairman, Committee on Veterans’ Affairs, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 1088, the Mandatory Veteran Specialist Training Act of 2009. 


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If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Camille Woodland. 

Sincerely, 

ROBERT A. SUNSHINE

(For Douglas W. Elmendorf). 

Enclosure. 

H.R. 1088—Mandatory Veteran Specialist Training Act of 2009 

H.R. 1088 would require the Department of Labor (DOL) to accelerate the training currently provided to certain employees who 

assist eligible veterans in finding suitable training and employment. New employees and current employees hired since the beginning of 2006 who have not yet received training would be required 

to complete the training within a year. CBO estimates that implementing this bill would cost approximately $3 million over the 

2010–2014 period, assuming appropriation of the necessary 

amounts. Enacting the bill would not affect direct spending or revenues. 

Under current law, affected employees are required to complete 

training through the National Veterans’ Employment and Training 

Services Institute (NVTI) within three years of being hired. Based 

on information from the DOL and NVTI, CBO estimates that a 

backlog of approximately 600 current employees and an estimated 

300 new employees would need accelerated training. CBO estimates that the training cost, including two five-day courses, travel, 

and lodging, would be approximately $3,500 per person. Once those 

employees have been trained, costs for such training would return 

to the level under current law. 

H.R. 1088 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. States 

that receive grants for providing employment and training service 

to veterans would be required to comply with new requirements for 

training state personnel. Any costs those governments incur to 

comply with the new grant conditions would be incurred voluntarily. 

The CBO staff contact for this estimate is Camille Woodland. 

The estimate was approved by Theresa Gullo, Deputy Assistant Director for Budget Analysis. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates regarding H.R. 1088 prepared by the Director of the Congressional Budget Office pursuant to section 423 of the Unfunded Mandates Reform Act. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act would be created by H.R. 1088. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee finds that the Constitutional authority for H.R. 1088 is provided by Article I, section 8 of the Constitution of the United States. 


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APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title 

This section provides the short title of H.R. 1088 as the ‘‘Mandatory Veteran Specialist Training Act of 2009.’’ 

Section 2. One-year period for training of new disabled veterans’ 

outreach program specialists and local veterans’ employment 

representatives by national veterans’ employment and training 

service institute 

This section reduces from a three-year period to a one-year period the length of time in which state employees assigned to perform duties of a Disabled Veterans’ Outreach Program Specialist or 

a Local Veterans’ Employment Representative to obtain training 

administered by the National Veterans’ Employment and Training 

Services Institute. 

This section provides effective dates for employee training. New 

employees would be required to take the training on or after the 

date of enactment and previously hired employees, hired on or after 

January 1, 2006, and before the date of enactment, would have one 

year after the date of enactment in which to complete training. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, 

existing law in which no change is proposed is shown in roman): 

TITLE 38, UNITED STATES CODE 

* * * * * * * 

PART III—READJUSTMENT AND RELATED 

BENEFITS 

* * * * * * * 

CHAPTER 41—JOB COUNSELING, TRAINING, AND 

PLACEMENT SERVICE FOR VETERANS 

* * * * * * * 

§ 4102A. Assistant Secretary of Labor for Veterans’ Employment and Training; program functions; Regional 

Administrators 

(a) * * * 

* * * * * * * 


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(c) CONDITIONS FOR RECEIPT OF FUNDS.—(1) * * * 

* * * * * * * 

(8)(A) As a condition of a grant or contract under which funds 

are made available to a State in order to carry out section 4103A 

or 4104 of this title, the Secretary shall require the State to require 

each employee hired by the State who is assigned to perform the 

duties of a disabled veterans’ outreach program specialist or a local 

veterans’ employment representative under this chapter to satisfactorily complete training provided by the National Veterans’ Employment and Training Services Institute during the øthree-year 

period¿ one-year period that begins on the date on which the employee is so assigned. 

* * * * * * * 

Æ 


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