Sec. 301 Employment service offices
Section 1 of the Wagner-Peyser Act (29 U.S.C. 49) is amended by inserting “service” before “offices”.
Title III — Amendments to the Wagner-Peyser Act
III Amendments to the Wagner-Peyser Act
Sec. 302 Definitions
Section 2 of the Wagner-Peyser Act (29 U.S.C. 49a) is amended—
by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively;
by inserting after paragraph (1) the following:
“(2) the term employment service office means a local office of a State agency;”
in paragraph (3) (as so redesignated)—
by striking “investment board” each place it appears and inserting “development board”; and
by striking “of 1998” and inserting “of 2011”;
in paragraph (4) (as so redesignated)—
by striking “134(c)” and inserting “221(e)”; and
by striking “1998” and inserting “2011”;
in paragraph (5) (as so redesignated), by striking “and” at the end;
in paragraph (6) (as so redesignated), by striking the period and inserting “; and”; and
by adding at the end the following:
“(7) except in section 15, the term State agency, used without further description, means an agency designated or authorized under section 4; and
“(8) the term workplace learning advisor, has the meaning given the terms in section 101 of the Workforce Investment Act of 1998.”
Sec. 303 Federal and State employment service offices
Coordination— Section 3(a) of the Wagner-Peyser Act (29 U.S.C. 49b(a)) is amended by striking “services” and inserting “service offices”.
Public labor exchange services system— Section 3(c)(2) of the Wagner-Peyser Act (29 U.S.C. 49b(c)(2)) is amended by inserting “, and identify and disseminate information on best practices for such system” before the semicolon.
One-Stop centers— Section 3 of the Wagner-Peyser Act (29 U.S.C. 49b) is amended by inserting after subsection (c) the following:
“(d) In order to improve service delivery, avoid duplication of services, and enhance coordination of services, the employment service offices in each State and the one-stop centers shall be collocated to the extent practicable.
“(e) The Secretary, in consultation with States, is authorized to assist the States in the development of national electronic tools that may be used to improve access to workforce information for individuals through—
“(1) the one-stop delivery systems established as described in section 121(e) of the Workforce Investment Act of 2012; and
“(2) such other delivery systems as the Secretary determines to be appropriate.”
Sec. 304 Allotment of sums
Section 6 of the Wagner-Peyser Act (29 U.S.C. 49e) is amended—
in subsection (a)—
by striking “From” and inserting “After making the reservation required by subsection (c), from”; and
by striking “amounts appropriated pursuant to section 5” and inserting “funds appropriated and (except for Guam) certified under section 5 and made available for allotments under this section”; and
in subsection (b)(1)—
in the matter preceding subparagraph (A)—
by inserting before “the Secretary” the following “after making the allotments required by subsection (a),”; and
by striking “sums” and all that follows through “this Act” and inserting “funds described in subsection (a)”;
in each of subparagraphs (A) and (B), by striking “sums” and inserting “remainder”; and
by adding at the end the following: “For purposes of this paragraph, the term State does not include Guam or the Virgin Islands.”.
Sec. 305 Use of sums
Resources for unemployment insurance claimants— Section 7(a)(3) of the Wagner-Peyser Act (29 U.S.C. 49f(a)(3)) is amended—
by striking “and” at the end of subparagraph (E);
by striking the period at the end of subparagraph (F) and inserting “; and”; and
by inserting after subparagraph (F) the following:
“(G) providing unemployment insurance claimants and other unemployed individuals with referrals to, and application assistance for, training and education resources and programs, including Federal Pell Grants under subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.), educational assistance under chapter 30 of title 38, United States Code (commonly referred to as the Montgomery GI Bill), and chapter 33 of that title (Post-9/11 Veterans Educational Assistance), student assistance under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), State student higher education assistance, and training and education programs provided under titles I and II of the Workforce Investment Act of 2012, and title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.).”
in paragraph (1), by striking “performance standards established by the Secretary” and inserting “the performance accountability measures that are based on indicators described in section 136(b)(2)(A)(i) of the Workforce Investment Act of 2012”; and
in paragraph (2), by inserting “offices” after “employment service”.
Providing additional funds— Section 7(c)(2) of the Wagner-Peyser Act (29 U.S.C. 49f(c)(2)) is amended by striking “1998” and inserting “2011”.
Other services and activities— Section 7(d) of the Wagner-Peyser Act (29 U.S.C. 49f(d)) is amended by striking “1998” and inserting “2011”.
Conforming amendment— Section 7(e) of the Wagner-Peyser Act (29 U.S.C. 49f(e)) is amended by striking “labor employment statistics” and inserting “labor market information”.
Sec. 306 State plan
Section 8 of the Wagner-Peyser Act (29 U.S.C. 49g) is amended to read as follows:
“8.
“Any State desiring to receive assistance under section 6 shall prepare and submit to, and have approved by, the Secretary and the Secretary of Education, a State plan in accordance with section 112 or 113 of the Workforce Investment Act of 2011.”
Sec. 307 Performance accountability measures
Section 13(a) of the Wagner-Peyser Act (29 U.S.C. 49l(a)) is amended to read as follows:
“(a) The activities carried out pursuant to section 7 shall be subject to the performance accountability measures that are based on indicators described in section 136(b)(2)(A)(i) of the Workforce Investment Act of 2011.”
Sec. 308 Pilot projects
The Wagner-Peyser Act is amended by inserting after section 13 (29 U.S.C. 49l) the following:
“13A. Pilot projects
“(a) Grants—From funds appropriated under subsection (f), the Secretary, in consultation with the Secretary of Education, shall establish and carry out a pilot program. In carrying out the program, the Secretary shall annually make grants, on a competitive basis, to State agencies to cooperate in the administration of this Act by carrying out pilot projects that enhance the professional development and provision of services by the staff of such State agencies.
“(b) Use of funds—Funds made available under this section may be used to enable a State agency to—
“(1) make available a broad range of career guidance services, including career planning, aptitude and interest assessments, provision of labor market information, job placement services, and evaluations of the outcomes for recipients of such services;
“(2) strengthen the capacity of the State agency to identify job openings through the use of technology, and through intensive outreach to small- and medium-size employers while using and enhancing the business and employer services authorized under this Act;
“(3) provide professional development and career advancement opportunities for staff of a State agency in order to upgrade their skills and competencies in the provision of career development activities, employer outreach, job placement, and other services authorized under this Act, including upgrading those skills and competencies through the training of such staff to improve their knowledge of, and ability to effectively interact with, staff and programs of one-stop partners and other entities administering workforce development programs;
“(4) identify and implement strategies for State agency staff to provide technical assistance and training to assist other providers of workforce development activities, including workplace learning advisors, in providing counseling and employment-related services to workers and job seekers, and employers; and
“(5) identify and implement new strategies for integrating counseling and technology to enhance the provision of employment-related services under this Act.
“(c) Applications—A State agency that seeks a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
“(d) Priority—In awarding grants under this section, the Secretary, in consultation with the Secretary of Education, shall—
“(1) give priority to a State agency that—
“(A) demonstrates participation by employees of the agency and their organized representatives in the planning of the proposed pilot project;
“(B) demonstrates participation by the employees, or provides an assurance that the employees will participate, in the implementation of the pilot project; and
“(C) demonstrates that the State agency has established a partnership, or provides an assurance that the agency will establish a partnership, with a relevant professional organization, or with an institution of higher education; and
“(2) ensure geographic diversity and diversity with respect to the population density of the States in which projects under this section will be carried out.
“(e) Authorization of appropriations—There is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2013 through 2017.”
Sec. 309 Labor market information system
Heading— The section heading for section 15 of the Wagner-Peyser Act (29 U.S.C. 49l–2) is amended by striking “Employment statistics” and inserting “labor market information system”.
Name of system— Section 15(a)(1) of the Wagner-Peyser Act (29 U.S.C. 49l–2(a)(1)) is amended by striking “employment statistics system of employment statistics” and inserting “labor market information system”.
by striking paragraph (1) and inserting the following:
“(1) In general
“(A) Structure—The labor market information system described in subsection (a) shall be evaluated and improved by the Secretary, in consultation with the Workforce Information Advisory Council established in subsection (d).
“(B) Grants and responsibilities
“(i) In general—The Secretary shall carry out the provisions of this section in a timely manner, through grants to or agreements with States.
“(ii) Distribution of funds—Using amounts appropriated under subsection (g), the Secretary shall provide funds through those grants and agreements. In distributing the funds (relating to labor market information funding) for fiscal years 2013 through 2017, the Secretary shall continue to distribute the funds to States in the manner in which the Secretary distributed funds to the States under this section for fiscal years 2004 through 2008.”
by striking paragraph (2) and inserting the following:
“(2) Duties—The Secretary, with respect to data collection, analysis, and dissemination of labor market information for the system, shall carry out the following duties:
“(A) Assign responsibilities within the Department of Labor for elements of the labor market information system described in subsection (a) to ensure that the statistical and administrative data collected is consistent with appropriate Bureau of Labor Statistics standards and definitions, and that the information is accessible and understandable to users of such data.
“(B) Actively seek the cooperation of heads of other Federal agencies to establish and maintain mechanisms for ensuring complementarity and nonduplication in the development and operation of statistical and administrative data collection activities.
“(C) Solicit, receive, and evaluate the recommendations from the Workforce Information Advisory Council established in subsection (d) concerning the evaluation and improvement of the labor market information system described in subsection (a) and respond in writing to the Council regarding the recommendations.
“(D) Through the Bureau of Labor Statistics and the Employment and Training Administration, and in collaboration with States, develop and maintain the elements of the labor market information system described in subsection (a), including the development of consistent procedures and definitions for use by the States in collecting the data and information described in subparagraphs (A) and (B) of subsection (a)(1).
“(E) Establish procedures for the system to ensure that—
“(i) such data and information are timely; and
“(ii) paperwork and reporting for the system are reduced to a minimum.”
Two-Year plan— Section 15 of the Wagner-Peyser Act (29 U.S.C. 49l–2) is amended by striking subsection (c) and inserting the following:
“(c) Two-Year plan—The Secretary, acting through the Commissioner of Labor Statistics and the Assistant Secretary for Employment and Training, and in consultation with the Workforce Information Advisory Council described in subsection (d) and heads of other appropriate Federal agencies, shall prepare a 2-year plan for the labor market information system. The plan shall be developed and implemented in a manner that takes into account the activities described in State plans submitted by States under section 112 or 113 of the Workforce Investment Act of 2012 and shall be submitted to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. The plan shall include—
“(1) a description of how the Secretary will work with the States to manage the nationwide labor market information system described in subsection (a) and the statewide workforce and labor market information systems that comprise the nationwide system;
“(2) a description of the steps to be taken in the following 2 years to carry out the duties described in subsection (b)(2);
“(3) an evaluation of the performance of the system, with particular attention to the improvements needed at the State and local levels;
“(4) a description of the involvement of States in the development of the plan, through consultation by the Secretary with the Workforce Information Advisory Council in accordance with subsection (d); and
“(5) a description of the written recommendations received from the Workforce Information Advisory Council established under subsection (d), and the extent to which those recommendations were incorporated into the plan.”
Workforce information advisory council— Section 15 of the Wagner-Peyser Act (29 U.S.C. 49l–2) is amended by striking subsection (d) and inserting the following:
“(d) Workforce information advisory council
“(1) In general—The Secretary, through the Commissioner of Labor Statistics and the Assistant Secretary of Labor for Employment and Training, shall formally consult at least twice annually with the Workforce Information Advisory Council established in accordance with paragraph (2). Such consultations shall address the evaluation and improvement of the nationwide labor market information system described in subsection (a) and the statewide labor market information systems that comprise the nationwide system and how the Department of Labor and the States will cooperate in the management of such systems. The Council shall provide written recommendations to the Secretary concerning the evaluation and improvement of the nationwide system, including any recommendations regarding the 2-year plan described in subsection (c).
“(2) Establishment of council
“(A) Establishment—The Secretary shall establish an advisory council that shall be known as the Workforce Information Advisory Council (referred to in this section as the “Council”) to participate in the consultations and provide the recommendations described in paragraph (1).
“(B) Membership—The Secretary shall appoint the members of the Council, which shall consist of—
“(i) 4 members who are representatives of lead State agencies with responsibility for workforce investment activities, or State agencies described in section 4, who have been nominated by such agencies or by a national organization that represents such agencies;
“(ii) 4 members who are representatives of the State labor market information directors affiliated with the State agencies that perform the duties described in subsection (e)(2), who have been nominated by the directors;
“(iii) 1 member who is a representative of providers of training services under section 122 of the Workforce Investment Act of 2012;
“(iv) 1 member who is a representative of economic development entities;
“(v) 1 member who is a representative of businesses, who has been nominated by national business organizations or trade associations;
“(vi) 1 member who is a representative of labor organizations, who has been nominated by a national labor federation;
“(vii) 1 member who is a representative of local workforce investment boards, who has been nominated by a national organization representing such boards; and
“(viii) 1 member who is a representative of research entities that utilize labor market information.
“(C) Geographic diversity—The Secretary shall ensure that the membership of the Council is geographically diverse and that no 2 of the members appointed under clauses (i), (ii), and (vii) represent the same State.
“(D) Period of appointment; vacancies
“(i) In general—Each member of the Council shall be appointed for a term of 3 years, except that the initial terms for members may be 1, 2, or 3 years in order to establish a rotation in which one-third of the members are selected each year. Any such member may be appointed for not more than 2 consecutive terms.
“(ii) Vacancies—Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office.
“(E) Travel expenses—The members of the Council shall not receive compensation for the performance of services for the Council, but shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Council. Notwithstanding section 1342 of title 31, United States Code, the Secretary may accept the voluntary and uncompensated services of members of the Council.”
by striking “employment statistics” each place it appears and inserting “labor market information”;
in paragraph (1)(A) by striking “annual plan” and inserting “plan described in subsection (c)”; and
in paragraph (2)—
in subparagraph (G), by inserting “and” at the end;
by striking subparagraph (H);
in subparagraph (I), by striking “section 136(f)(2) of the Workforce Investment Act of 1998” and inserting “section 131(i)(2) of the Workforce Investment Act of 2012”; and
by redesignating subparagraph (I) as subparagraph (H).
Authorization of appropriations— Section 15(g) of the Wagner-Peyser Act (29 U.S.C. 49l–2(g)) is amended by striking “1999 through 2004” and inserting “2013 through 2017”.