Dr. Vivian Henderson, President, Clark College, Atlanta Dr. William R. Keast, President, Wayne State University, Detroit Dr. Clark Kerr, Chairman, Carnegie Commission on Higher Education Mr. Robert L. Kirkpatric, Jr., President, National Association of College Admissions Counselors, and Dean of Admissions, Wesleyan University. Dr. Joseph P. Cosand, President, Junior College District, St. Louis, and Chair- Mr. William Hayes, President, Alice Lloyd College, Pippa Passes, Ky. Dr. Clarence Walton, President, Catholic University of America Dr. Jerome Weisner, President-Elect, Massachusetts Institute of Technology EDUCATION ORGANIZATIONS Dr. Winford L. Godwin, President, Southern Regional Education Board Dr. Ralph Huitt, Executive Director, National Association of State Universities and Land Grant Colleges Mr. Allan W. Ostar, Executive Director, Association of State Colleges and Universities Mr. William G. Shannon, Acting Executive Director, American Association of Junior Colleges VETERANS ORGANIZATIONS Mr. James S. Whitfield, Executive Director, The American Legion Mr. Norman B. Hartnett, National Director of Employment, Disabled American Mr. Felix Putterman, National Executive Director, Jewish War Veterans of the U.S. RECENT VETERANS Mr. Ernest Buentienpo, UCLA, Los Angeles, California Mr. Dean Peterson, Armed Forces Counselor, Staten Island Community College Mr. Ronald Parker, Mellon Bank, Pittsburgh Mr. Michael Patton, President, National Association of Collegiate Veterans, Inc. Mr. Robert W. Spanogle, Michigan State University, and Past President, National Association of Collegiate Veterans, Inc. Mr. Morris Washington, Xavier University of Louisiana Mr. Barry Wright, Chairman, Concerned Veterans from Vietnam Mr. Whitney Young, Jr., was a member of this Committee. The National Urban League, which has conducted a veterans assistance program since 1968, will continue to be active in the Committee's work. We regret his loss. More persons may be added. EEA AND VETERANS QUESTIONS AND ANSWERS REFERENCES (a) The Emergency Employment Act (EEA) of 1971 (P.L. 92-54) (b) The Congressional Conference Report "Joint Explanatory Statement" on the EEA (c) The Federal Regulations for “Grants Under the EEA" (new Part 55 of Subtitle A of Title 29, Code of Federal Regulations) (d) The U.S. Department of Labor Manpower Administration Program Guidelines for grants under the EEA, August 27, 1971 1. What special treatment are recent veterans entitled to? Ref. (d) VIII (B) (2) The goal is for at least one-third of all participants to be veterans who served in the Armed Forces on or after August 5, 1964 and who received other than a dishonorable discharge. Veterans who are enrolled in training courses which have been approved under the "G.I. Bill," should also be employed as participants in public service employment programs, even where they may be available for only part-time employment. The part-time employment created for veterans should be related to or at least take advantage of, the formal training being received by them, if possible and appropriate. Moreover, such part-time employment should be clearly of a transitional nature, providing prospects for advancement and upward mobility to other jobs in the manner set forth in Section 55.6 of the regulations. VIII (E) all job vacancies, except those to which former employees are being re called, must be listed with the State Employment Service, which shall be accorded at least 48-hours to recruit and refer eligible veterans before such vacancies are filled from other sources. A list of such vacancies will also be made available to any other public or private organization or agency which is concerned with job placement of veterans ** 2. What special treatment are recent veterans who served in Indochina or Korea entitled to? The Program Guidelines (Ref. d) do not call for any special advantage for these veterans other than what they are entitled to by virtue of their inclusion in the general "Vietnam-era veterans" category discussed above. However, the EEA itself and the new Federal Regulations regarding the EEA did prescribe special treatment for the recent veterans who served in the Asian Theater. Ref. (a) Section 7(c) (4) (c) An application for financial assistance for a public service employment program under this Act shall include provisions setting forth (4) assurances that special consideration in filling public service jobs will be given to unemployed or underemployed persons who served in the Armed Forces in Indochina or Korea on or after August 5, 1964 in accordance with criteria established by the Secretary (and who have received other than dishonorable discharges); and that the applicant shall (A) make a special effort to acquaint such individuals with the program, and (B) coordinate efforts on behalf of such persons with those authorized by chapter 41 of title 38, United States Code (relating to Job Counseling and Employment Services for Veterans) or carried out by other public or private organizations or agencies; Ref. (b) Point 13 The House amendment provides that preference in filling public service jobs will be given to veterans who served in Korea or Indochina subsequent to August 4 (sic), 1964. The Senate bill contains no comparable provision. The conference agreement provides that special consideration in filling public service jobs will be given to veterans who served in Korean or Indochina on or after August 5, 1964 and who received other than dishonorable discharges. The conferees take special cognizance of the appalling unemployment problem of returning veterans. Section 12(b) of the conference agreement requires, at a minimum, that public service jobs will be equitably allocated to recently returned veterans (along with other groups, especially those generally associated with high unemployment); and section 7(c) (4) of the conference agreement requires that special consideration be given to such veterans in filling public service jobs. The conferees were particularly aware of the latest quarterly figures for veterans unemployment which showed that an average of 375,000 veterans 20 to 29 years of age were unemployed each month during the first quarter of 1971—almost twice the number of veterans that age unemployed during the same period a year earlier (199,000). The conferees strongly urge the Secretary of Labor to ensure that all possible efforts are made to assure the equitable employment of returning veterans in public service programs. Ref. (c) Part 55.7 (c) (2) "Each Program Agent (receiver of EEA grant funds) shall be responsible for assuring (2) that preference will be given to unemployed and underemployed per sons who are any one or more of the following... (G) special veterans . . .' Part 55.1 (m) "Special Veteran" means an individual who served in The Armed Forces in Indochina or Korea, including the waters adjacent thereto, on or after August 5 1964 and who received other than a dishonorable discharge." Part 55.7 (d) (d) All job vacancies under the program, except those to which former employees are being recalled, shall be listed with the Employment Service at least 48 hours before such vacancies are filled during which period the Employment Service will first refer special veterans and secondarily other veterans of the Vietnam era. A list of such job openings will also be made available to any other public or private organizations or agencies, including veteran's organizations, for making them known to special veterans. 3. What special treatment are other veterans (pre-Vietnam-era) entitled to? Except for the 48 hour lead given to the State Employment Service "to recruit and refer eligible veterans" as delineated in Ref. (d) VIII (E) above (see p. 1), no additional special treatment is accorded. (Presumably here "eligible veterans" means eligible as an EEA participant by the unemployment or underemployment definititons cited in Ref. (d) VIII (A) (1) and (2) below. Also insofar as any veterans, including pre-Vietnam-era veterans, "have participated in manpower training programs, and for whom work opportunities are not otherwise immediately available," they are to be given some preference over EEA job applicants who don't so qualify. See Appendix A, Ref. (d) VIII (B) (3). Also insofar as any veterans, including pre-Vietnam-era veterans, fall into any special "segments of the population" they are in a preferred position for EEA job slots compared to job applicants from segments of the population not mentioned. See Appendix A, Ref. (d) VIII (B) (4). According to one Labor Dept. spokesman, "program agents", i.c., EEA grantees: cities, counties, states, may decide to give formal preference in hiring to all veter ants, rather than only to Vietnam-era veterans, as long as they plan to simultaneously give "special consideration" to the above mentioned former manpower program trainees and special “segments of population." The Labor Dept. Regional Office would, of course, have to approve such a preference. 4. Are veterans enrolled as students at secondary or postsecondary institutions eligible for EEA job slots? None of the references specifically mention that students or student-veterans are eligible or that they are not eligible. However, conversations with Washington DOL people have revealed that being a student is irrelevant to being unemployed or underemployed, and the references do specifically provide definitions of unemployed and underemployed which are to be used to determine vha is eligible for EEA job slots. Ref. (d) VIII (A) (1) & (2) A. Unemployed and Underemployed Persons. Eligible participants for the Emergency Employment Act are unemployed and underemployed persons. Priority for participatiton in this program shall be given to the unemployed. 1. Unemployed Persons.-An unemployed person is: (1) a person who is without a job and who wants and is available for work. An individual shall be deemed to meet this qualification if he has been without work for one week or longer and has made specific efforts to find a job within the past 4 weeks, but is not waiting to be called back to a job from which he has been laid off, expecting to report to a new job within the next 30 days, or not working because of a strike or lockout at his usual place of employment . . 2. Underemployed Persons.—Underemployed persons are: a. persons who are working part-time for an employer other than the Program Agent or a designated employing agency and seeking full-time work; or b. persons who are working full-time for an employer other than the Program Agent or a designated employing agency and whose wages, when added to the other income of adults 16 or over in their immediate families living in the same household, are below the poverty line. (See Appendix C for poverty income criteria). Essentially, if a student-veteran is actively looking for work, part-time or fulltime, unemployed for a week or longer, and is immediately available to accept work he can and wants to do, he is unemployed by definition. 5. Can EEA job slots be split between two (or three) veterans in order to provide part-time jobs for needy student-veterans? The Program Guidelines specifically permit and somewhat encourage this, because it is more likely that a veteran using his GI Bill education and training benefits, while employed on an EEA job, will be able to move out of the EEA job after a period of time into a better job opportunity in the public or private sector, thus fulfilling the President's and the Congress' desire for EEA jobs to be only "transitional." Ref. (d) VIII (B)(2) Veterans who are enrolled in training courses which have been approved under the "GI Bill," should also be employed as participants in public service employment programs, even where they may be available for only part-time employment. The part-time employment created for veterans should be related to or at least take advantage of, the formal training being received by them, if possible and appropriate. Moreover, such part-time employment should be clearly of a transitional nature, providing prospects for advancement and upward mobility to other jobs in the manner set forth in Section 55.6 of the regulations. The key is that an EEA program participant must be "involved full-time" in a combined training and work situation. A veteran going to college or undertaking technical training, half-time or more, while working in a half-time EEA job slot, would easily meet this concern (as would a veteran undertaking MDTA training while working in a part-time EEA job slot). The Dept. of Labor is against parttime EEA jobs, however, if program participants are not to be engaged simultaneously in any other employment, training or education situation. 6. Can a private, non-profit organization employ new personnel utilizing EEA funds? No. Only public agencies may use EEA funds to hire new personnel. However, if local civil service regulations permit, the Mayor's Office or public agencies can detail or loan personnel hired with EEA funds to work temporarily with private, non-profit agencies. One year is the usual outside limit for such arrangements. There is ample precedent for this in many cities. 7. Can a private, non-profit organization be funded to provide administrative, training or supportive services for public agencies who will be hiring veterans and student-veterans with EEA funds? Ref. (d) V (D) D. Use of Contractors Other Than Employing Agencies.-Program Agents and employing agencies may contract with other public or private organizations for the provision of necessary administrative and supportive services. This does not include contracts for the employment of program participants, which can only be performed by public employing agencies. Any contract exceeding an amount of $10,000 must be approved in advance by the appropriate Regional Manpower Administrator. Proposals for such contracts should be included in the application, showing the contractor's name, services to be rendered, costs, and number of workers to be served. Note that "employment" services cannot be contracted out. However, outreach recruitment, the arrangement for college or training under the GI Bill, and peer counseling can all be construed as "administrative or supportive" services rather than as "employment" services if properly presented. Nevertheless, only 3.2% of the total local grant can go for program administration costs and only 6.8% can go for training and supportive services costs. APPENDIX A Ref. (d) VIII (B) (3) Participants of Manpower Training Programs. In developing an equitable plan for employment, Program Agents should make all reasonable efforts to provide opportunities for unemployed or underemployed persons who have participated in manpower training programs, and for whom work opportunities are not otherwise immediately available. Special emphasis should be given to providing work opportunities to enrollees of training programs which are being curtailed (e.g. Supplemental Training and Employment Program.) It is expected that notice of vacancies will be made available to manpower training programs for referral of applicants. In most cases, the Employment Service will serve as the center for exchange of this information. Ref. (d) VIII (B) (4) Additional Segments of the Population.-Also in developing an equitable plan for employment, the Program Agent must give special consideration to the needs and relative numbers of unemployed and underemployed persons from each of the following additional segments of the population in the area. The segments are not listed in any order of priority. To the extent feasible, the number of participants from each segment should reflect the proportion of all unemployed and underemployed workers in the area who belong to that segment: (a) Persons whose native tongue is not English and whose ability to speak English is limited; (b) Persons from families with incomes below the poverty line; (c) Welfare recipients; (d) Persons who come from socio-economic backgrounds generally associated with substantial unemployment and underemployment; (e) Migrant farmworkers; (f) Young persons eighteen years old or older who are entering the labor force; (g) Persons who have become unemployed or underemployed as a result of technological change or whose most recent employment was with Federal contractors who have cut back in employment because of shifts in Federal expenditures, such as in the defense, aerospace and construction industries; and (h) Persons 45 or over. The needs of other groups of unemployed persons with special labor market problems should also be carefully taken into account. Mr. DANIELS. Ms. Friedan, will you proceed? MS. FRIEDAN. I suppose I appear here in my role in recent history as a women's advocate, but I must say that I commend this committee, and you, Congressman Daniels, for one of the few examples of real future thinking in this current period of Government. I think the concept of the public service employment is extremely important in an attempt-and I know I do speak for most of the women of this country-in changing the priorities of this Nation away from things and even poverty to the human life and using the resources of our society and the technology and even gearing the development of our human resources to the values of human life worth living by people. So, I am firmly in favor of this concept of public service employment and that we more and more bring up young people and even gear our economy to the idea that people should use their efforts for the betterment of themselves and others in terms of the values of life and not just to produce things for sale. But I must say that I am very, very disturbed by the way that programs attempting to embody this concept are being used to demean the personhood of women and being used to deprive women of dignity, limit the development of their resources and, in fact, use women dangerously to weaken minimal labor standards necessary for everyone. What I am attacking here is not your law, but the manpower training programs, the job training programs of the antipoverty law, the Manpower and Development and Training Act and the Emergency |