Artificial Intelligence and Public Comment

Public comment periods ensure government bodies receive adequate input from citizens, interested parties and even other governmental bodies when they look to change or promulgate rules and regulations. As artificial intelligence gains in popularity, leaders have the opportunity to promote new technology while also protecting constituents.

Continue reading

Military 101: Understanding Veterans Affairs (VA) Benefits

Military 101: Understanding Veterans Affairs (VA) Benefits

By Morgan Thomas, Policy Associate

Members of the United States Armed Forces have access to a multitude of benefits. The Veterans Benefits Administration provides VA benefits under the U.S. Department of Veterans Affairs, some of which include retirement benefits, disability compensation, educational assistance and health care. Whether you are Active Duty or a member of the reserve component, a service member may qualify for one or more of these VA benefits.

Retirement Benefits

One of the main attractions to a career in the military is the retirement benefits. A federal retirement in the military grants you access to retirement pay, base Commissaries, Base Exchange and retired health care plans such as Tricare Prime and Tricare for Life. Any service member may retire with federal retirement benefits after completing a minimum of 20 years of Total Active Federal Military Service (TAFMS), which is used to calculate how much qualifying active-duty time a service member has accrued. An active-duty pension begins immediately after a service member retires. There are several exceptions to the 20-year rule, of which includes disability retirements or service members who qualify for early retirement under the Temporary Early Retirement Authority (TERRA).

Members of the reserves and National Guard may also retire after 20 years of service. The reserve component uses a point system under the Reserve Retirement System to calculate their TAFMS time. However, a reserve pension does not typically begin until a retired service member turns 60, with the exception of prior active-duty military service.

Additionally, active-duty service members and members of the reserve component can contribute to their retirement without completing a 20-year service time commitment through the Blended Retirement System (BRS). The BRS was first introduced as a part of the National Defense Authorization Act of 2016 and combines the traditional military pension plan with a Thrift Savings Plan (TSP). TSP is a retirement savings plan for service members that allows them to make contributions throughout their service even if they decide not to serve for 20 years. If an individual chooses, a TSP can be rolled into another 401(k) after separating from the military. Alternatively, a service member may leave their funds in their TSP account until they are ready to retire. Service members enlisted in the armed forces after January 1, 2018, were automatically enrolled in the TSP program.

Education Benefits

In addition to retirement benefits, one of the main attractions to a career in the armed forces is VA education benefits. Some of the most notable VA education benefits are the Post-9/11 GI Bill, the Montgomery GI Bill Active Duty, the Montgomery GI Bill Selected Reserve and the Veteran Readiness and Employment (VR&E) program. Each of these education benefits offers its own unique coverage of tuition, fees, a book stipend, housing stipend, or a combination of one or more. Currently, the Post-9/11 GI Bill is the only education program that can be or dependent once certain qualifications by the service member have been met. Each education benefit has its own unique set of requirements based on a member’s service component.

VA education benefits are available to active-duty service members, the National Guard and the reserves with qualifying active-duty service time. In addition to VA education benefits, National Guard members may receive up to 100% state tuition assistance for attending specific schools within a state or may be eligible for additional state education benefits.

Disability Compensation

Many service members may obtain a service-related injury while serving on active duty. Disability compensation is a monthly, tax-free benefit that is paid to Veterans who receive at least a 10% disability rating due to injuries or diseases that were incurred or aggravated while serving on active duty or active-duty training. A service member may also receive disability compensation for post-service disabilities that appear later but result from their time in service.

Members of the National Guard and the reserves may also receive VA disability compensation so long as their service-connected disability was incurred while serving on federally qualifying active-duty orders. A Guardsman may be eligible to receive state disability compensation for injuries incurred while not serving on federal orders.

Healthcare

Active – duty service members, Guardsmen, reservists, retirees and their dependents – and in some cases former spouses – are eligible to enroll in a health care program called TRICARE provides access to both civilian healthcare networks and the Military Health System (MHS), which is comprised of Department of Defense military hospitals and clinics worldwide. The program provides coverage access through authorized civilian health network providers based on region and non-authorized providers, depending on which TRICARE health plan an eligible service member has. TRICARE also offers the TRICARE Overseas Program for active – duty service members and their eligible family members who are located in geographical areas outside of the U.S.

There are also additional VA healthcare benefits aside from TRICARE such as the Program of Comprehensive Assistance for Family Caregivers (PCAFC) and the Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA). TRICARE, PCAFC, CHAMPVA and other VA healthcare programs are available to eligible service members and their families in both the active duty and reserve components

Additional Benefits

The VA also offers additional benefits such as VA home loans and life insurance, as well as benefits specific to . All VA benefit programs have their own unique eligibility requirements for active-duty service members and members of the reserve component.

Members of the National Guard may be eligible to receive some or all VA benefits based on qualifying active-duty service. For VA benefits, federal active-duty service is determined by the length of full-time active-duty service on Title 10 or Title 32 orders (link to Military 101: Orders). It is important to note that a service member may not receive access to one or more VA benefits if they receive a from any branch of service.

For more information on benefits eligibility, visit the U.S. Department of Veterans Affairs benefits webpage.

Model Career Programs Set Kentucky Apart as Apprenticeship Ambassador

In 2022, the Kentucky Department of Education’s Office of Career and Technical Education was among the inaugural selections of the U.S. Department of Labor’s Apprenticeship Ambassador Initiative. Kentucky’s commitment to high-quality apprenticeship programs is setting a national example, with the state recognized for its innovative Tech Ready Apprentices for Careers in Kentucky (TRACK) initiative and Registered Apprenticeship Programs.

Continue reading

State and Local Organizations Unite in Support of the Second Chance Reauthorization Act

The Council of State Governments (CSG), alongside the National Conference of State Legislatures, the National Association of Counties, the National League of Cities, and the U.S. Conference of Mayors, signed a joint letter urging Congress to reauthorize the Second Chance Act (SCA). This bipartisan legislation strengthens and expands reentry programs, offering essential services like career training, housing, childcare, and treatment for individuals with behavioral health and substance use disorders.

In the letter, House and Senate judiciary committee leaders are encouraged to move forward with this vital legislation that empowers individuals, families and communities with resources to support the successful reintegration of those reentering society after incarceration.

The reauthorization legislation was introduced in the Senate on June 5 (S. 4477), led by Senators Shelley Moore Capito, Cory Booker, John Cornyn, Dick Durbin, Thom Tillis, Peter Welch, Kevin Cramer, and Amy Klobuchar. It was introduced in the House in April (H.R. 8028) by Representatives Carol Miller, Danny Davis, Kelly Armstrong, Sheila Jackson Lee, Bruce Westerman, Bobby Scott, Jerry Nadler, Mike Turner and Darin LaHood.

“The Second Chance Reauthorization Act represents a critical investment in our communities, empowering states and local governments to create pathways to rehabilitation and reintegration for formerly incarcerated individuals. It enables states to implement innovative programs that reduce recidivism rates and promote successful transitions, ultimately benefiting public safety.”
— Jay Nelson, National Director of Federal Affairs, The Council of State Governments

Since its inception in 2008, the Second Chance Act has supported reentry services for over 442,000 individuals. With more than 600,000 individuals returning home from prison each year, along with countless others exiting local jails, SCA programs are crucial in promoting public safety and reducing recidivism.

Reauthorizing the Second Chance Act will sustain essential programs to:

  • Reauthorize key grant programs providing critical services for individuals reentering their communities post-incarceration.
  • Expand resources for supportive and transitional housing services.
  • Enhance addiction treatment services to include peer recovery, case management, and overdose prevention.

For more details on the Second Chance Reauthorization Act, visit here.

Honoring The Rehabilitation Act of 1973

CAPE-Youth Logo

By Mary Greenfield

The Rehabilitation Act of 1973 passed crucial supports for people with disabilities that remain central to the Vocational Rehabilitation (VR) system we know today. Known simply as the Rehab Act, this legislation stands on the shoulders of decades of public rehabilitation laws in the United States. In celebration of the anniversary of the Rehab Act, The Center for Advancing Policy on Employment for Youth (CAPE-Youth) honors this legislation by outlining its history and importance for youth and young adults with disabilities.  

A Short History

The earliest acts establishing rehabilitation services in the United States were passed in 1918 and 1920. These rehabilitation acts provided soldiers returning injured from World War I and civilians with disabilities, respectively, access to employment services. While helpful for supporting veterans and some of the general population in obtaining employment, these initial acts limited the provision of VR services to people with specific disabilities.

The federal government passed subsequent amendments to these acts in 1943, 1954, and 1965. Overall, these amendments:

  1. Provided VR services to a greater diversity of disability types;
  2. expanded infrastructure for VR centers;
  3. diversified the types of services VR could offer; and
  4. increased funding for the public VR system as it grew in popularity across the United States.

By the end of the 1960s, the VR system was streamlined to serve tens of thousands of people with disabilities, while its earliest iterations only served thousands. Disability rights activists around this time began lobbying for a renewed focus on serving people with the most significant disabilities.

Enacting the Rehabilitation Act of 1973

In response to these sentiments, President Nixon signed the Rehabilitation Act of 1973. There are seven titles in the Rehab Act. A few of the great things the Rehab Act achieved was:

  • creation of Independent Living Services Program; the Centers for Independent Living Program; and the National Institute on Disability, Independent Living, and Rehabilitation Research;
  • renewed focus on VR service delivery to people with the most significant disabilities;
  • customization of VR services to meet the individual needs of people with disabilities; and
  • reduction of physical barriers to attaining employment.

Section 504

One of the reasons the Rehab Act is so famous is found in Title V. This title is a civil rights provision – the first civil rights legislation for people with disabilities in the United States. The standards established in this title were used in Title I of the Americans with Disabilities Act. Section 504 of the Rehab Act is particularly important for youth and young adults with disabilities, the focus of CAPE-Youth’s work.

Section 504 states:

No otherwise qualified individual with a disability in the United States, as defined in section 705(20) of this title, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service.

Simply, Section 504 makes it illegal for the government, and any program or organization using government funding, to discriminate against individuals with disabilities in employment practices or in program participation.

Regulations for enforcing Section 504 of the Rehab Act were only passed after a protest movement of the disability community. The movement included many young adults and people from varied backgrounds who demanded 504’s implementation and full civil rights.

Equal Access to Education

The education system is one of the largest entities in the United States receiving federal funds. For youth and young adults with disabilities, Section 504 requires education systems to provide reasonable accommodations to promote equal access to all aspects of the educational experience while in school.

Outside of the classroom, Section 504 regulations mandate the accessibility of school buildings and facilities to students with disabilities. In the classroom, Section 504 defines a qualifying student with a disability. This definition serves as the guideline for who has access to receiving a Free Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA). Providing a FAPE entails accommodating students with disabilities so they can participate and benefit from the educational environment to the same extent as nondisabled students. Because of Section 504, schools now identify students that are eligible for specialized accommodations because of their disability, then outline what services should be provided. Schools also have procedures in place to evaluate the effectiveness of supports and rework accommodations if needed.

A 504 plan is a document outlining the accommodations, interventions, and resources a student with a disability needs to successfully perform in a generalized education setting. This is usually administered by school staff in consultation with a 504 team made up of teachers, guidance counselors, and a parent/guardian. A 504 plan operates similarly to an Individualized Education Program (IEP), but outlines changes that can be made to the learning environment instead of accommodations related to the curriculum.

When students reach the postsecondary level, or college, many of the federally mandated supports from the high school level no longer apply. However, these students with disabilities are still protected under Section 504, which requires Institutions of Higher Education receiving federal assistance to provide necessary supports for students with documented disabilities. Postsecondary accommodations under 504 are available through an application process, which vary depending on institutional requirements. Generally, students share any documentation of their disability with a disability services representative and work with them to determine what they need for success in a postsecondary environment.

Equal Access to Workforce Services

Section 504 also has implications for students entering the workforce. It says that employers who receive federal funding (i.e., covered employers) cannot discriminate against qualified applicants with a disability. For example, Section 504 limits covered employers from asking medical questions about a disability during the job application process.

Section 504 also requires covered employers to provide reasonable workplace accommodations and supports to employees with disabilities, as needed and requested, as long as the accommodations will not create an undue hardship. Regulations also prohibit an employer from retaliating against employees who ask for accommodations. The protections and requirements of Section 504, paired with the vocational training resources put in place by other sections of the Rehabilitation Act, provide a network of resources for youth and young adults with disabilities to access the workforce.

To learn more about the protections of Section 504, click here. To stay up to date with CAPE-Youth, follow @CSG_CAPEYouth on Twitter/X and like CAPE-Youth on Facebook. If you have questions about the policies or programs in your state that support youth and young adults with disabilities, check out our website or submit a free request for technical assistance.

OVI releases resources for supporting voters in military service, their families and US citizens living abroad

The Overseas Voting Initiative has released two resources to help election officials support military service members, their family members and U.S. citizens living abroad who are interested in voting from abroad. Both publications were developed in collaboration with our working group of state and local election officials and the U.S. Department of Defense Federal Voting Assistance Program.

The first resource is a toolkit for state and local election officials that are building relationships with military installations in their community. Titled “Toolkit: Building Relationships with Local Installations,” this resource provides seven tools that can be used to build lasting relationships with military bases. It also includes a helpful email template for outreach to the voting assistance officer assigned to the military base near you.

Building Relationships with Local Installations

The second resource outlines a series of best practices for websites that support military service members, their families and U.S. citizens living abroad. These nine best practices highlight how states can ensure that their election websites provide the most utility for these voters. By ensuring valuable information can be found online, these voters who may not be able to call during regular business hours will be able to answer questions they may have.

Best Practices for State UOCAVA Web Pages

For questions, please contact [email protected] or Casandra Hockenberry at [email protected].

Relaunch of The National Center for Interstate Compacts Database

The Council of State Governments National Center for Interstate Compacts has relaunched its national database of interstate compacts. The database tracks more than 2,000 interstate compact enactments from nearly 300 different compacts which date back to the founding of the United States. In addition to compact enactment data, the database provides pertinent information regarding interstate compacts and commissions, including the compact model language and the name and website of the commission associated with the compact.

The National Center for Interstate Compacts is one of the most longstanding programs at CSG, providing technical assistance in the development of numerous interstate compacts. In addition, the National Center for Interstate Compacts seeks to educate CSG membership and the public functions of interstate compacts.

According to CSG Chief Public Policy Officer Shawn Jurgensen, the National Center for Interstate Compacts Database will contribute to the success of CSG in the field of interstate compacts and help promote innovative forms of interstate cooperation.

“Some of the greatest policy achievements in the history of the United States have been a result of interstate compacts,” said Jurgensen. “The driver’s license, metropolitan transportation systems in New York City and Washington, D.C., and numerous interstate projects on the protection of natural resources have all been developed through interstate compacts. By providing policymakers and our members with the most comprehensive database on interstate compacts available, we greatly enhance our ability to serve state leaders as they develop innovative interstate solutions. The Council of State Governments is the national leader in interstate compacts and this database will ensure we remain state government’s go-to source in this essential policy area.”

This database will be the most comprehensive collection of interstate compact data available and will allow the public to research interstate compact enactments which span 21 different policy areas and include enactments from every state as well as numerous U.S. territories and Canadian provinces.

CSG staff worked alongside Jeff Litwak, general counsel to the bi-state Columbia River Gorge Commission, adjunct professor of law at Lewis and Clark Law School and contributor to the American Bar Association’s casebook on interstate compact law, to gather information for the database.

“There are numerous resources aggregating the practice and law of interstate compacts, but they are not a substitute for CSG’s database,” said Litwak. “The database is my go-to source for compacts, where I can get copies of states’ enactments and compare them, make lists of compacts for legal briefs and send my students to start their research. The database has also been cited in several court decisions, so we know judges are finding it. It is one of the most valuable compact resources for empirical research.”

CSG invites policymakers, researchers and the public to utilize our database for their work and to gain knowledge on interstate compacts and their impact on shaping the landscape of public policy throughout the country. The National Center for Interstate Compacts hopes that the relaunch of the National Center for Interstate Compacts Database will promote new discussions around interstate compacts so we encourage those who visit the database to provide feedback on how it can better serve their needs.

Proposed Enhancements to the National Apprenticeship System

By Joe Paul and Mary Wurtz

On Jan. 17, the Office of the Federal Register published a notice of proposed rulemaking from the U.S. Department of Labor titled “National Apprenticeship System Enhancements.” The proposed rule changes present a range of updates to 29 CFR Part 29, the regulations governing apprenticeship labor standards and the National Apprenticeship System. The 60-day period for public comment on the proposed regulations closes March 18.

The proposed changes are summarized in three subparts, as a resource for policymakers, apprenticeship professionals and others to make informed comments before the deadline passes.

Subpart A addresses proposed changes to the definitions and standards for registered apprenticeship programs. Primarily, proposed changes under section 29.8 reinforces current apprenticeship standards, requiring a minimum of 2,000 on-the-job training hours for all programs and 144 related instruction hours per each 2,000 hours on the job. Amendments in subpart A also seek to standardize and centralize existing practices for program registration, the signing of apprenticeship agreements and more.

Subpart A also updates definitions for key components of registered apprenticeship and adds definitions for terms like “pre-apprenticeship,” which have been used by the federal government for several years but never formally added to regulations. Proposed changes also clarify the requirements for an occupation to be deemed “suitable” for apprenticeship and the federal government’s ultimate authority in determining an occupation’s suitability.

Subpart B, beginning with proposed section 29.24, was developed in collaboration with the U.S. Department of Education to increase student apprenticeship capacity. Acknowledging participation of high-school-aged youth in registered apprenticeships has been limited. The goal is to expand apprenticeship opportunities for high school and postsecondary students. Subpart B introduces core requirements that blend labor standards and industry skillsets into career and technical education (CTE) apprenticeship programs. This requires coordination with each state’s CTE and apprenticeship registration agency to increase the development and registration of CTE-based apprenticeship programs.

Emphasizing the skills found in industry frameworks, the model increases related instruction hours and on-the-job training targeting youth, specifically those aged 16-24, in high school or already engaged in postsecondary education. The programs will be aligned with Perkins CTE programs, and state CTE agencies will play a critical role in their development and implementation. The apprentice will gain industrywide skills, recognized postsecondary credentials and pathways to employment, the types of registered apprenticeships outlined in Subpart A, and opportunities for further education.

Subpart C reflects the Department of Labor’s emphasis on data collection and the related metrics of success. The subpart acknowledges that technological advances have led to increased emphasis on data-driven decision-making and the role of the Registered Apprenticeship Data and Program Information Data System (RAPIDS) in enhancing collection, reporting and analysis capabilities. The changes include collecting individual participant information, tracking apprentice progress and new measures for evaluating success. Within the proposed changes, the Department of Labor recognized concerns with information disclosure, privacy and data protection while balancing the need to enhance the existing apprenticeship data systems.

Subpart C also outlines recognition for the responsibilities of state apprenticeship agencies, duties and functions of state apprenticeship agencies — including an apprenticeship state plan — and reciprocity issues that may arise with registration. The proposed rulemaking also includes requirements for state apprenticeship agencies to submit quarterly apprentice and sponsor data to RAPIDS, with the goal of improving data quality, increasing agency transparency and providing accountability within registered apprenticeships.

All proposed changes by the Department of Labor seek to align the U.S. National Apprenticeship System with international labor best practices and recent research on registered apprenticeship programs. Employers, policymakers, apprentices, labor organizations and others can submit comments on the proposed rule changes by March 18.

For questions, please contact Mary Wurtz via email at [email protected] or Joe Paul at [email protected].

Artificial Intelligence in the States: Emerging Legislation

Since 2019, 17 states have enacted 29 bills focused on regulating the design, development and use of artificial intelligence. These bills primarily address two regulatory concerns: data privacy and accountability. Legislatures in California, Colorado and Virginia have led the way in establishing regulatory and compliance frameworks for AI systems.

Continue reading