US Codex
Pub. L.
Notes

Title III — Amendments to the Wagner-Peyser Act

113th Congress · Approved Jul 22, 2014 · 128 Stat. 1425 · Lineage

TITLE III Amendments to the Wagner-Peyser Act

SEC. 301. Employment Service Offices.

Section 1 of the Wagner-Peyser Act (29 U.S.C. 49) is amended by inserting “ service” before “ offices”.

SEC. 302. Definitions.

Section 2 of the Wagner-Peyser Act (29 U.S.C. 49a) is amended—
(1)
by striking paragraph (1) and inserting the following:

“(1) the terms ‘chief elected official’, ‘institution of higher education’, ‘one-stop center’, ‘one-stop partner’, ‘training services’, ‘workforce development activity’, and ‘workplace learning advisor’, have the meaning given the terms in section 3 of the Workforce Innovation and Opportunity Act;”

(2)
in paragraph (2)—
(A)
by striking “ investment board” each place it appears and inserting “ development board”; and
(B)
by striking “ section 117 of the Workforce Investment Act of 1998” and inserting “ section 107 of the Workforce Innovation and Opportunity Act”;
(3)
in paragraph (3)—
(A)
by striking “ 134(c)” and inserting “ 121(e)”; and
(B)
by striking “ Workforce Investment Act of 1998” and inserting “ Workforce Innovation and Opportunity Act”; and
(4)
in paragraph (4), by striking “ and” at the end;
(5)
in paragraph (5), by striking the period and inserting “ ; and”; and
(6)
by adding at the end the following:

“(6) the term ‘employment service office’ means a local office of a State agency; and

“(7) except in section 15, the term ‘State agency’, used without further description, means an agency designated or authorized under section 4.”

SEC. 303. Federal and State Employment Service Offices.

(a)
Coordination.— Section 3(a) of the Wagner-Peyser Act (29 U.S.C. 49b(a)) is amended by striking “ services” and inserting “ service offices”.
(b)
Public Labor Exchange Services System.— Section 3(c) of the Wagner-Peyser Act (29 U.S.C. 49b(c)) is amended—
(1)
in paragraph (2), by striking the semicolon and inserting “ , and identify and disseminate information on best practices for such system; and”; and
(2)
by adding at the end the following:

“(4) in coordination with the State agencies and the staff of such agencies, assist in the planning and implementation of activities to enhance the professional development and career advancement opportunities of such staff, in order to strengthen the provision of a broad range of career guidance services, the identification of job openings (including providing intensive outreach to small and medium-sized employers and enhanced employer services), the provision of technical assistance and training to other providers of workforce development activities (including workplace learning advisors) relating to counseling and employment-related services, and the development of new strategies for coordinating counseling and technology.”

(c)
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, including location of staff to ensure access to services under section 7(a) statewide in underserved areas, employment service offices in each State shall be colocated with one-stop centers.

“(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 Innovation and Opportunity Act; 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—
(1)
in subsection (a), 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
(2)
in subsection (b)(1)—
(A)
in the matter preceding subparagraph (A)—
(i)
by inserting before “ the Secretary” the following “ after making the allotments required by subsection (a),”; and
(ii)
by striking “ sums” and all that follows through “ this Act” and inserting “ funds described in subsection (a)”;
(B)
in each of subparagraphs (A) and (B), by striking “ sums” and inserting “ remainder”; and
(C)
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.

(a)
Improved Coordination.— Section 7(a)(1) of the Wagner-Peyser Act (29 U.S.C. 49f(a)(1)) is amended by inserting “ , including unemployment insurance claimants,” after “ seekers”.
(b)
Resources for Unemployment Insurance Claimants.— Section 7(a)(3) of the Wagner-Peyser Act (29 U.S.C. 49f(a)(3)) is amended—
(1)
by striking “ and” at the end of subparagraph (E);
(2)
in subparagraph (F)—
(A)
by inserting “ , including making eligibility assessments,” after “ system”; and
(B)
by striking the period at the end and inserting “ ; and”; and
(3)
by inserting after subparagraph (F) the following:

“(G) providing unemployment insurance claimants 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 Innovation and Opportunity Act, and title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.).”

(c)
State Activities.— Section 7(b) of the Wagner-Peyser Act (29 U.S.C. 49f(b)) is amended—
(1)
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 116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act”;
(2)
in paragraph (2), by inserting “ offices” after “ employment service”; and
(3)
in paragraph (3), by inserting “ , and models for enhancing professional development and career advancement opportunities of State agency staff, as described in section 3(c)(4)” after “ subsection (a)”.
(d)
Providing Additional Funds.— Subsections (c)(2) and (d) of section 7 of the Wagner-Peyser Act (29 U.S.C. 49f) are amended by striking “ the Workforce Investment Act of 1998” and inserting “ the Workforce Innovation and Opportunity Act”.
(e)
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 “ workforce and 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:

“Sec. 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 102 or 103 of the Workforce Innovation and Opportunity Act.”

SEC. 307. Performance 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 116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act.”

SEC. 308. Workforce and Labor Market Information System.

(a)
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 “ workforce and labor market information system”.
(b)
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 “ workforce and labor market information system”.
(c)
System Responsibilities.— Section 15(b) of the Wagner-Peyser Act (29 U.S.C. 49l–2(b)) is amended—
(1)
by striking paragraph (1) and inserting the following:

“(1) In general.—

“(A) Structure.—The workforce and 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 workforce and labor market information funding) for fiscal years 2015 through 2020, 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.”

; and

(2)
by striking paragraph (2) and inserting the following:

“(2) Duties.—The Secretary, with respect to data collection, analysis, and dissemination of workforce and labor market information for the system, shall carry out the following duties:

“(A) Assign responsibilities within the Department of Labor for elements of the workforce and 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 workforce and labor market information system described in subsection (a) and respond in writing to the Council regarding the recommendations.

“(D) Eliminate gaps and duplication in statistical undertakings.

“(E) Through the Bureau of Labor Statistics and the Employment and Training Administration, and in collaboration with States, develop and maintain the elements of the workforce and 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).

“(F) 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.”

(d)
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 workforce and 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 102 or 103 of the Workforce Innovation and Opportunity Act 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 workforce and 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.”

(e)
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 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 workforce and labor market information system described in subsection (a) and the statewide workforce and 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 workforce and 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 Innovation and Opportunity Act;

“(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 development 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 workforce and 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.

“(F) Permanent council.—Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council.”

(f)
State Responsibilities.— Section 15(e) of the Wagner-Peyser Act (29 U.S.C. 49l–2(e)) is amended—
(1)
by striking “ employment statistics” each place it appears and inserting “ workforce and labor market information”;
(2)
in paragraph (1)(A) by striking “ annual plan” and inserting “ plan described in subsection (c)”;
(3)
in paragraph (2)—
(A)
in subparagraph (G), by inserting “ and” at the end;
(B)
by striking subparagraph (H);
(C)
in subparagraph (I), by striking “ section 136(f)(2) of the Workforce Investment Act of 1998” and inserting “ section 116(i)(2) of the Workforce Innovation and Opportunity Act”; and
(D)
by redesignating subparagraph (I) as subparagraph (H).
(g)
Authorization of Appropriations.— Section 15(g) of the Wagner-Peyser Act (29 U.S.C. 49l–2(g)) is amended by striking “ such sums as may be necessary for each of the fiscal years 1999 through 2004” and inserting “ $60,153,000 for fiscal year 2015, $64,799,000 for fiscal year 2016, $66,144,000 for fiscal year 2017, $67,611,000 for fiscal year 2018, $69,200,000 for fiscal year 2019, and $70,667,000 for fiscal year 2020”.