(deleted language is shown in strikethrough type with boldface brackets,
newly inserted language is shown in boldface italic type)
AN ACT
To provide for the establishment of a national employment system
and for cooperation with the States in the promotion of such system, and
for other purposes.
SEC. 1. In order to promote the establishment and maintenance
of a national system of public employment offices, the United States Employment
Service shall be established and maintained within the Department of Labor.
SEC. 2. For purposes of this Act--
(1) the term "chief elected official [or officials]"
has the same meaning given that term under the [Job Training
Partnership Act] Workforce Investment Act of 1998;
[(2) the term "private industry council" has the same
meaning given that term under the Job Training Partnership Act;]
(2) the term "local workforce investment board" means a local
workforce investment board established under section 117 of the Workforce
Investment Act of 1998;
(3) the term "one-stop delivery system" means a one-stop delivery
system described in section 134(c) of the Workforce Investment Act of 1998;
[(3)] (4) the term "Secretary"
means the Secretary of Labor; and
[(4) the term "service delivery area" has the same meaning
given that term under the Job Training Partnership Act; and]
(5) the term "State" means any of the several States, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
SEC. 3. (a) The [United States Employment Service]Secretary
shall assist in coordinating the State public employment services throughout
the country and in increasing their usefulness by developing and prescribing
minimum standards of efficiency, assisting them in meeting problems peculiar
to their localities, promoting uniformity in their administrative and statistical
procedure, furnishing and publishing information as to opportunities for
employment and other information of value in the operation of the system.
(b) It shall be the duty of the Secretary [of Labor]
to assure that unemployment insurance and employment service offices in
each State, as appropriate, upon request of a public agency administering
or supervising the administration of a State plan approved under part A
of title IV of the Social Security Act, of a public agency charged with
any duty or responsibility under any program or activity authorized or
required under part D of title IV of such Act, or of a State agency charged
with the administration of the food stamp program in a State under the
Food Stamp Act of 1977 (7 U.S.C. 2001 et seq.), shall (and, notwithstanding
any other provision of law, is authorized to) furnish to such agency making
the request, from any data contained in the files of any such office, information
with respect to any individual specified in the request as to
(1) whether such individual is receiving, has received, or has made
application for, unemployment compensation, and the amount of any such
compensation being received by such individual,
(2) the current (or most recent) home address of such individual, and
(3) whether such individual has refused an offer of employment and,
if so, a description of the employment so offered and the terms, conditions,
and rate of pay therefor.
(c) The Secretary shall--
(1) assist in the coordination and development of a nationwide
system of public labor exchange services, provided as part of the one-stop
customer service systems of the States;
(2) assist in the development of continuous improvement models
for such nationwide system that ensure private sector satisfaction with
the system and meet the demands of jobseekers relating to the system; and
(3) ensure, for individuals otherwise eligible to receive unemployment
compensation, the provision of reemployment services and other activities
in which the individuals are required to participate to receive the compensation.
SEC. 4. In order to obtain the benefits of appropriations apportioned
under section 5, a State shall, [through its legislature]
pursuant
to State statute, accept the provisions of this Act and,
in accordance with such State statute, the Governor shall designate
or authorize the creation of a State agency vested with all powers necessary
to cooperate with the [United States Employment Service]
Secretary under this Act.
SEC. 5. (a) There is authorized to be appropriated, out of any
money in the Treasury not otherwise appropriated, such amounts from time
to time as the Congress may deem necessary to carry out the purposes of
this Act.
(b) The Secretary shall from time to time certify to the Secretary of
the Treasury for payment to each State which--
(1) except in the case of Guam, has an unemployment compensation law
approved by the Secretary under the Federal Unemployment Tax Act and is
found to be in compliance with section 303 of the Social Security Act,
as amended,
(2) is found to have coordinated the public employment services with
the provision of unemployment insurance claimant services, and
(3) is found to be in compliance with this Act, such amounts as the
Secretary determines to be necessary for allotment in accordance with section
6.
(c)(1) Beginning in fiscal year 1985 and thereafter appropriations for
any fiscal year for programs and activities assisted or conducted under
this Act shall available for obligation only on the basis of a program
year. The program year shall begin on July 1 of the fiscal year for which
the appropriation is made.
(2) Funds obligated for any program year may be expended by the State
during that program year and the two succeeding program years and no amount
shall be deobligated on account of a rate of expenditure which is consistent
with the program plan.
[(3)(A) Appropriations of fiscal year 1984 shall be available
both to fund activities for the period between October 1, 1983, and July
1, 1984, and for the program year beginning July 1, 1984.
[(B) There are authorized to be appropriated such additional
sums as may be necessary to carry out the provisions of this paragraph
for the transition to program year funding.]
SEC. 6. (a) From the amounts appropriated pursuant to section
5 for each fiscal year, the Secretary shall first allot to Guam and the
Virgin Islands an amount which, in relation to the total amount available
for the fiscal year, is equal to the allotment percentage which each received
of amounts available under this Act in fiscal year 1983.
(b)(1) Subject to paragraphs (2), (3), and (4) of this subsection, the
Secretary shall allot the remainder of the sums appropriated and certified
pursuant to section 5 of this Act for each fiscal year among the States
as follows:
(A) two-thirds of such sums shall be allotted on the bases of the relative
number of individuals in the civilian labor force in each State as compared
to the total number of such individuals in all States; and
(B) one-third of such sums shall be allotted on the basis of the relative
number of unemployed individuals in each State as compared to the total
number of such individuals in all States.For purposes of this paragraph,
the number of individuals in the civilian labor force and the number of
unemployed individuals shall be based on data for the most recent calendar
year available, as determined by the Secretary [of Labor].
(2) No State's allotment under this section for any fiscal year shall
be less that 90 percent of its allotment percentage for the fiscal year
preceding the fiscal year for which the determination is made. For the
purpose of this section, the Secretary shall determine the allotment percentage
for each State (including Guam and the Virgin Islands) for fiscal year
1984 which is the percentage that the State received under this Act for
fiscal year 1983 of the total mounts available for payments to all States
for such fiscal year. For each succeeding fiscal year, the allotment percentage
for each such State shall be the percentage that the State received under
this Act for the preceding fiscal year of the total amounts available for
allotments for all States for such fiscal year.
(3) For each fiscal year, no State shall receive a total allotment under
paragraphs (1) and (2) which is less than 0.28 percent of the total amount
available for allotments for all States.
(4) The Secretary shall reserve such amount, not to exceed 3 percent
of the sums available for allotments under this section for each fiscal
year, as shall be necessary to assure that each State will have a total
allotment under this section sufficient to provide staff and other resources
necessary to carry out employment service activities and related administrative
and support functions on a statewide basis.
(5) The Secretary shall, not later than March 15 of fiscal year 1983
and each succeeding fiscal year, provide preliminary planning estimates
and shall, not later than May 15 of each such fiscal year, provide final
planning estimates, showing each State's projected allocation for the following
year.
SEC. 7. (a) Ninety percent of the sums allotted to each State
pursuant to section 6 may be used--
(1) for job search and placement services to job seekers including counseling,
testing, occupational and labor market information, assessment, and referral
to employers;
(2) for appropriate recruitment services and special technical services
for employers; and
(3) for any of the following activities:
(A) evaluation of programs;
(B) developing linkages between services funded under this Act and related
Federal or State legislation, including the provision of labor exchange
services at educational sites;
(C) providing services for workers who have received notice of permanent
layoff or impending layoff, or workers in occupations which are experiencing
limited demand due to technological change, impact of imports, or plant
closures;
(D) developing and providing labor market and occupational information;
(E) developing a management information system and compiling and analyzing
reports therefrom; and
(F) administering the work test for the State unemployment compensation
system and providing job finding and placement services for unemployment
insurance claimants.
(b) Ten percent of the sums allotted to each State pursuant to section
6 shall be reserved for use in accordance with this subsection by the Governor
of each such State to provide--
(1) performance incentives for public employment service offices and
programs, consistent with performance standards established by the Secretary,
taking into account direct or indirect placements (including those resulting
from self-directed job search or group job search activities assisted by
such offices or programs), wages on entered employment, retention, and
other appropriate factors;
(2) services for groups with special needs, carried out pursuant to
joint agreements between the employment service and the appropriate [private
industry council] local workforce investment board
and chief elected official or officials or other public agencies or private
nonprofit organizations; and
(3) the extra costs of exemplary models for delivering services of the
types described in subsection (a).
(c)(1) Funds made available to States under this section may be used
to provide additional funds under an applicable program if--
(A) such program otherwise meets the requirements of this Act and the
requirements of the applicable program;
(B) such program serves the same individuals that are served under this
Act;
(C) such program provides services in a coordinated manner with services
provided under this Act; and
(D) such funds would be used to supplement, and not supplant, funds
provided from non-Federal sources.
(2) For purposes of this subsection, the term "applicable program" means
[any program under any of the following provisions of law--
[(A) The Carl D. Perkins Vocational and Applied Technology
Education Act.
[(B) Section 123, title II, and title III of the Job
Training Partnership Act.]any workforce investment activity
carried out under the Workforce Investment Act of 1998.
(d) In addition to the services and activities otherwise authorized
by this Act, the [United States Employment Service]Secretary
or any State agency designated under this Act may perform such other services
and activities as shall be specified in contracts for payment or reimbursement
of the costs thereof made with the Secretary [of Labor]
or with any Federal, State, or local public agency, or administrative entity
under the [Job Training Partnership Act] Workforce
Investment Act of 1998, or private nonprofit organization.
(e) All job search, placement, recruitment, labor employment statistics,
and other labor exchange services authorized under subsection (a) shall
be provided, consistent with the other requirements of this Act, as part
of the one-stop delivery system established by the State.
SEC. 8. (a) Any State desiring to receive [the
benefits of] assistance under this Act [shall,
by the agency designated to cooperate with the United States Employment
Service,] shall submit to the [Secretary
of Labor] Secretary, as part of the State plan submitted
under section 112 of the Workforce Investment Act of 1998, detailed
plans for carrying out the provisions of this Act within such State.
[(b) Prior to submission of such plans to the Secretary--
[(1) the employment service shall develop jointly with
each appropriate private industry council and chief elected official or
officials for the service delivery area (designated under the Job Training
Partnership Act) those components of such plans applicable to such area.
[(2) such plans shall be developed taking into consideration
proposals developed jointly by the appropriate private industry council
and chief elected official or officials in the service delivery area affected;
[(3) such plans shall be transmitted to the State job
training coordinating council (established under such Act) which shall
certify such plans if it determines (A) that the components of such plans
have been jointly agreed to by the employment service and appropriate private
industry council and chief elected official or officials; and (B) that
such plans are consistent with the Governor's coordination and special
services plan under the Job Training Partnership Act;
[(4) if the State job training coordinating council does
not certify that such plans meet the requirements of clauses (A) and (B)
of paragraph (3), such plans shall be returned to the employment service
for a period of thirty days for it to consider, jointly
with the appropriate private industry council and chief elected official
or officials, the council's recommendations for modifying such plans; and
[(5) if the employment service and the appropriate private
industry council and chief elected official or officials fail to reach
agreement upon such components of such plans to be submitted finally to
the Secretary, such plans submitted by the State agency shall be accompanied
by such proposed modifications as may be recommended by any appropriate
disagreeing private industry council and chief elected official or officials
affected, and the State job training coordinating council shall transmit
to the Secretary its recommendations for resolution thereof.[(c)
The Governor of the State shall be afforded the opportunity to review and
transmit to the Secretary proposed modifications of such plans submitted.]
[(d)] (b) Such plans shall
include provisions for the promotion and development of employment opportunities
for handicapped persons and for job counseling and placement of such persons,
and for the designation of at least one person in each State or Federal
employment office, whose duties shall include the effectuation of such
purposes. In those States where a State board, department, or agency exists
which is charged with the administration of State laws for vocational rehabilitation
of physically handicapped persons, such plans shall include provision for
cooperation between such board, department, or agency and the agency designated
to cooperate with the United States Employment Service under this Act.
(c) The part of the State plan described in subsection (a) shall
include the information described in paragraphs (8) and (14) of section
112(b) of the Workforce Investment Act of 1998.
[(e)] (d) If such detailed
plans are in conformity with the provisions of this Act and reasonably
appropriate and adequate to carry out its purposes, they shall be approved
by the Secretary of Labor and due notice of such approval shall be given
to the State agency.
SEC. 9. (a)(1) Each State shall establish such fiscal control
and fund accounting procedures as may be necessary to assure that proper
disbursal of, and accounting for, Federal funds paid to the recipient under
this Act. The Director of the Office of Management and Budget, in consultation
with the Comptroller General of the United States, shall establish guidance
for the proper performance of audits. Such guidance shall include a review
of fiscal controls and fund accounting procedures established by States
under this section.
(2) At least once every two years, the State shall prepare or have prepared
an independent financial and compliance audit or funds received under this
Act.
(3) Each audit shall be conducted in accordance with applicable auditing
standards set forth in the financial and compliance element of the Standards
for Audit of Governmental Organizations, Programs, Activities, and Functions
issued by the Comptroller General of the United States.
(b)(1) The Comptroller General of the United States shall evaluate the
expenditures by States of funds received under this Act in order to assure
that expenditures are consistent with the provisions of this Act and to
determine the effectiveness of the State in accomplishing the purposes
of this Act. The Comptroller General shall conduct evaluations whenever
determined necessary and shall periodically report to the Congress on the
findings of such evaluations.
(2) Nothing in this Act shall be deemed to relieve the Inspector General
of the Department of Labor of his responsibilities under the Inspector
General Act.
(3) For the purpose of evaluating and reviewing programs established
or provided for by this Act, the Comptroller General shall have access
to and the right to copy any books, accounts, records, correspondence,
or other documents pertinent to such programs that are in the possession,
custody, or control of the State.
(c) Each State shall repay to the United States amounts found not to
have been expended in accordance with this Act. No such finding shall be
made except after notice and opportunity for a fair hearing. The Secretary
may offset such amounts against any other amount to which the recipient
is or may be entitled under this Act.
SEC. 10. (a) Each State shall keep records that are sufficient
to permit the preparation of reports required by this Act and to permit
the tracing of funds to a level of expenditure adequate to insure that
the funds have not been spent unlawfully.
(b)(1) The Secretary may investigate such facts, conditions, practices,
or other matters which the Secretary finds necessary to determine whether
any State receiving funds under this Act or any official of such State
has violated any provision of this Act.
(2)(A) In order to evaluate compliance with the provisions of this Act,
the Secretary shall conduct investigations of the use of funds received
by States under this Act.
(B) In order to insure compliance with the provision of this Act, the
Comptroller General of the United States may conduct investigations of
the use of funds received under this Act by any State.
(3) In conducting any investigation under this Act, the Secretary or
the Comptroller General of the United States may not request new compilation
of information not readily available to such State.
(c) Each State receiving funds under this Act shall--
(1) make such reports concerning its operations and expenditures in
such form and containing such information as shall be prescribed by the
Secretary, and
(2) establish and maintain a management information system in accordance
with guidelines established by the Secretary designed to facilitate the
compilation and analysis of programmatic and financial data necessary for
reporting, monitoring, and evaluating purposes.
SEC. 11. [(a) The Director shall establish a Federal
Advisory Council composed of men and women representing employers and employees
in equal numbers and the public for the purpose of formulating policies
and discussing problems relating to employment and insuring impartiality,
neutrality, and freedom from political influence in the solution of such
problems. Members of such council shall be selected from time to time in
such manner as the Director shall prescribe and shall serve without compensation,
but when attending meetings or the council they shall be allowed necessary
traveling and subsistence expenses, or per diem allowance in lieu thereof,
within the limitations prescribed by law for civilian employees in the
executive branch of the Government. The council shall have access to all
files and records of the United States Employment Service. The Director
shall also require the organization of similar State advisory councils
composed of men and women representing employers and employees in equal
numbers and the public. Nothing in this section shall be construed to prohibit
the Governor from carrying out functions of such State advisory council
through the State job training coordinating council in accordance with
section 122(c) of the Job Training Partnership Act.]
[(b)] In carrying out the provisions
of this Act the [Director] Secretary
is authorized and directed to provide for the giving of notice of strikes
or lockouts to applicants before they are referred to employment.
SEC. 12. [The Director, with the approval of the
Secretary of Labor,] The Secretary is hereby
authorized to make such rules and regulations as may be necessary to carry
out the provisions of this Act.
SEC. 13. (a) The Secretary is authorized to establish performance
standards for activities under this Act which shall take into account the
differences in priorities reflected in State plans.
(b)(1) Nothing in this Act shall be construed to prohibit the referral
of any applicant to private agencies as long as the applicant is not charged
a fee.
(2) No funds paid under this Act may be used by any State for advertising
in newspapers for high paying jobs unless such State submits an annual
report to the Secretary beginning in December 1984 concerning such advertising
and the justifications therefor, and the justification may include that
such jobs are part of a State industrial development effort.
SEC. 14. There are authorized to be appropriated such sums as
may be necessary to enable the Secretary to provide funds through reimbursable
agreements with the States to operate statistical programs which are essential
for development of estimates of the gross national product and other national
statistical series, including those related to employment and unemployment.
SEC. 15. EMPLOYMENT STATISTICS.
(a) SYSTEM CONTENT.--
(1) IN GENERAL.-- The Secretary, in accordance with the provisions
of this section, shall oversee the development, maintenance, and continuous
improvement of a nationwide employment statistics system of employment
statistics that includes --
(A) statistical data from cooperative statistical survey and projection
programs and data from administrative reporting systems that, taken together,
enumerate, estimate, and project employment opportunities and conditions
at national, State, and local levels in a timely manner, including statistics
on--
(i) employment and unemployment status of national, State, and
local populations, including self-employed, part-time, and seasonal workers;
(ii) industrial distribution of occupations, as well as current
and projected employment opportunities, wages, benefits (where data is
available), and skill trends by occupation and industry, with particular
attention paid to State and local conditions;
(iii) the incidence of, industrial and geographical location of,
and number of workers displaced by, permanent layoffs and plant closings;
and
(iv) employment and earnings information maintained in a longitudinal
manner to be used for research and program evaluation;
(B) information on State and local employment opportunities, and
other appropriate statistical data related to labor market dynamics, which
--
(i) shall be current and comprehensive;
(ii) shall meet the needs identified through the consultations
described in subparagraphs (A) and (B) of subsection (e)(2); and
(iii) shall meet the needs for the information identified in section
134(d);
(C) technical standards (which the Secretary shall publish annually)
for data and information described in subparagraphs (A) and (B) that, at
a minimum, meet the criteria of chapter 35 of title 44, United States Code;
(D) procedures to ensure compatibility and additivity of the data
and information described in subparagraphs (A) and (B) from national, State,
and local levels;
(E) procedures to support standardization and aggregation of data
from administrative reporting systems described in subparagraph (A) of
employment-related programs;
(F) analysis of data and information described in subparagraphs
(A) and (B) for uses such as --
(i) national, State, and local policymaking;
(ii) implementation of Federal policies (including allocation
formulas);
(iii) program planning and evaluation; and
(iv) researching labor market dynamics;
(G) wide dissemination of such data, information, and analysis
in a user-friendly manner and voluntary technical standards for dissemination
mechanisms; and
(H) programs of --
(i) training for effective data dissemination;
(ii) research and demonstration; and
(iii) programs and technical assistance.
(2) INFORMATION TO BE CONFIDENTIAL. --
(A) IN GENERAL.-- No officer or employee of the Federal Government
or agent of the Federal Government may --
(i) use any submission that is furnished for exclusively statistical
purposes under the provisions of this section for any purpose other than
the statistical purposes of this section for which the submission is furnished;
(ii) make any publication or media transmittal of the data contained
in the submission described in clause (i) that permits information concerning
individual subjects to be reasonably inferred by either direct or indirect
means; or
(iii) permit anyone other than a sworn officer, employee, or agent
of any Federal department or agency, or a contractor (including an employee
of a contractor) of such department or agency, to examine an individual
submission described in clause (i);without the consent of the individual,
agency, or other person who is the subject of the submission or provides
that submission.
(B) IMMUNITY FROM LEGAL PROCESS.-- Any submission (including any
data derived from the submission) that is collected and retained by a Federal
department or agency, or an officer, employee, agent, or contractor of
such a department or agency, for exclusively statistical purposes under
this section shall be immune from the legal process and shall not, without
the consent of the individual, agency, or other person who is the subject
of the submission or provides that submission, be admitted as evidence
or used for any purpose in any action, suit, or other judicial or administrative
proceeding.
(C) RULE OF CONSTRUCTION.-- Nothing in this section shall be construed
to provide immunity from the legal process for such submission (including
any data derived from the submission) if the submission is in the possession
of any person, agency, or entity other than the Federal Government or an
officer, employee, agent, or contractor of the Federal Government, or if
the submission is independently collected, retained, or produced for purposes
other than the purposes of this Act.
(b) SYSTEM RESPONSIBILITIES.--
(1) IN GENERAL.-- The employment statistics system described in
subsection (a) shall be planned, administered, overseen, and evaluated
through a cooperative governance structure involving the Federal Government
and States.
(2) DUTIES.-- The Secretary, with respect to data collection,
analysis, and dissemination of labor employment statistics for the system,
shall carry out the following duties:
(A) Assign responsibilities within the Department of Labor for
elements of the employment statistics system described in subsection (a)
to ensure that all statistical and administrative data collected is consistent
with appropriate Bureau of Labor Statistics standards and definitions.
(B) Actively seek the cooperation 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) Eliminate gaps and duplication in statistical undertakings,
with the systemization of wage surveys as an early priority.
(D) In collaboration with the Bureau of Labor Statistics and States,
develop and maintain the elements of the employment statistics 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;
(ii) paperwork and reporting for the system are reduced to a minimum;
and
(iii) States and localities are fully involved in the development
and continuous improvement of the system at all levels, including ensuring
the provision, to such States and localities, of budget information necessary
for carrying out their responsibilities under subsection (e).
(c) ANNUAL PLAN.-- The Secretary, working through the Bureau of
Labor Statistics, and in cooperation with the States, and with the assistance
of other appropriate Federal agencies, shall prepare an annual plan which
shall be the mechanism for achieving cooperative management of the nationwide
employment statistics system described in subsection (a) and the statewide
employment statistics systems that comprise the nationwide system. The
plan shall--
(1) describe the steps the Secretary has taken in the preceding
year and will take in the following 5 years to carry out the duties described
in subsection (b)(2);
(2) include a report on the results of an annual consumer satisfaction
review concerning the performance of the system, including the performance
of the system in addressing the needs of Congress, States, localities,
employers, jobseekers, and other consumers;
(3) evaluate the performance of the system and recommend needed
improvements, taking into consideration the results of the consumer satisfaction
review, with particular attention to the improvements needed at the State
and local levels;
(4) justify the budget request for annual appropriations by describing
priorities for the fiscal year succeeding the fiscal year in which the
plan is developed and priorities for the 5 subsequent fiscal years for
the system;
(5) describe current (as of the date of the submission of the
plan) spending and spending needs to carry out activities under this section,
including the costs to States and localities of meeting the requirements
of subsection (e)(2); and
(6) describe the involvement of States in the development of the
plan, through formal consultations conducted by the Secretary in cooperation
with representatives of the Governors of every State, and with representatives
of local workforce investment boards, pursuant to a process established
by the Secretary in cooperation with the States.
(d) COORDINATION WITH THE STATES-- The Secretary, working through
the Bureau of Labor Statistics, and in cooperation with the States, shall--
(1) develop the annual plan described in subsection (c) and address
other employment statistics issues by holding formal consultations, at
least once each quarter (beginning with the calendar quarter in which the
Workforce Investment Act of 1998 is enacted) on the products and administration
of the nationwide employment statistics system; and
(2) hold the consultations with representatives from each of the
10 Federal regions of the Department of Labor, elected (pursuant to a process
established by the Secretary) by and from the State employment statistics
directors affiliated with the State agencies that perform the duties described
in subsection (e)(2).
(e) STATE RESPONSIBILITIES.--
(1) DESIGNATION OF STATE AGENCY.-- In order to receive Federal
financial assistance under this section, the Governor of a State shall
--
(A) designate a single State agency to be responsible for the
management of the portions of the employment statistics system described
in subsection (a) that comprise a statewide employment statistics system
and for the State's participation in the development of the annual plan;
and
(B) establish a process for the oversight of such system.
(2) DUTIES.-- In order to receive Federal financial assistance
under this section, the State agency shall --
(A) consult with State and local employers, participants, and
local workforce investment boards about the labor market relevance of the
data to be collected and disseminated through the statewide employment
statistics system;
(B) consult with State educational agencies and local educational
agencies concerning the provision of employment statistics in order to
meet the needs of secondary school and postsecondary school students who
seek such in formation;
(C) collect and disseminate for the system, on behalf of the State
and localities in the State, the information and data described in subparagraphs
(A) and (B) of subsection (a)(1);
(D) maintain and continuously improve the statewide employment
statistics system in accordance with this section;
(E) perform contract and grant responsibilities for data collection,
analysis, and dissemination for such system;
(F) conduct such other data collection, analysis, and dissemination
activities as will ensure an effective statewide employment statistics
system;
(G) actively seek the participation of other State and local agencies
in data collection, analysis, and dissemination activities in order to
ensure complementarity, compatibility, and usefulness of data;
(H) participate in the development of the annual plan described
in subsection (c); and
(I) utilize the quarterly records described in section 136(f)(2)
of the Workforce Investment Act of 1998 to assist the State and other States
in measuring State progress on State performance measures.
(3) RULE OF CONSTRUCTION.-- Nothing in this section shall be construed
as limiting the ability of a State agency to conduct additional data collection,
analysis, and dissemination activities with State funds or with Federal
funds from sources other than this section.
(f) NONDUPLICATION REQUIREMENT.-- None of the functions and activities
carried out pursuant to this section shall duplicate the functions and
activities carried out under the Carl D. Perkins Vocational and Applied
Technology Education Act (20 U.S.C. 2301 et seq.).
(g) AUTHORIZATION OF APPROPRIATIONS.-- There are authorized to
be appropriated to carry out this section such sums as may be necessary
for each of the fiscal years 1999 through 2004.
(h) DEFINITION.-- In this section, the term "local area" means
the smallest geographical area for which data can be produced with statistical
reliability.
[SEC. 15.] SEC. 16. This Act may
be cited as the "Wagner-Peyser Act".
(NOTE: Section 311 of the Workforce Investment Act provides that the
amendments to the Wagner-Peyser Act (as shown above) shall take effect
on July 1, 1999.)