Statutory Provisions Authorizing WISPR

ATTACHMENT B

Relevant Statutory/Regulatory Provisions

Following are the relevant portions of the authorizing statutes referenced under the response to question 1 of the WISPR OMB supporting statement.

1. Wagner-Peyser Employment Service

Excerpts are from corresponding sections of U.S.C.

Wagner-Peyser Act section 3(a) and 3(c)(2):

Sec. 49b. Duties of Secretary

• (a) Assistance to State public employment services: The 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, and maintaining a system for clearing labor between the States.

• (b) Provision of unemployment compensation information: It shall be the duty of the Secretary 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 program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), 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 (42 U.S.C. 651 et seq.), 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. 2011 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 therefore.

• (c) Public labor exchange services: 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.

Wagner-Peyser Act section 7(b):

Sec. 49f. Percentage disposition of allotted funds

• (a) Use of 90 percent of funds allotted: Ninety percent of the sums allotted to each State pursuant to section 49e of this title 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 chapter and related Federal or State legislation, including the provision of labor exchange services at education 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 therefore; and

    • (F) administering the work test for the State unemployment compensation system and providing job finding and placement services for unemployment insurance claimants.

• (b) Use of 10 percent of funds allotted: Ten percent of the sums allotted to each State pursuant to section 49e of this title 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 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) of this section.

• (c) Joint funding:

  • (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 chapter and the requirements of the applicable program;

    • (B) such program serves the same individuals that are served under this chapter;

    • (C) such program provides services in a coordinated manner with services provided under this chapter; 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 workforce investment activity carried out under the Workforce Investment Act of 1998.

• (d) Performance of services and activities under contract: In addition to the services and activities otherwise authorized by this chapter, the Secretary or any State agency designated under this chapter 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 or with any Federal, State, or local public agency, or administrative entity under the Workforce Investment Act of 1998, or private nonprofit organization.

• (e) Provision of services as part of one-stop delivery system: All job search, placement, recruitment, labor employment statistics, and other labor exchange services authorized under subsection (a) of this section shall be provided, consistent with the other requirements of this chapter, as part of the one-stop delivery system established by the State.

Wagner-Peyser Act section 10(c):

Sec. 49i. Recordkeeping and accountability

• (a) Records: Each State shall keep records that are sufficient to permit the preparation of reports required by this chapter and to permit the tracing of funds to a level of expenditure adequate to insure that the funds have not been spent unlawfully.

• (b) Investigations

  • (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 chapter or any official of such State has violated any provision of this chapter.

  • (2)

    • (A) In order to evaluate compliance with the provisions of this chapter, the Secretary shall conduct investigations of the use of funds received by States under this chapter.

    • (B) In order to insure compliance with the provisions of this chapter, the Comptroller General of the United States may conduct investigations of the use of funds received under this chapter by any State.

  • (3) In conducting any investigation under this chapter, the Secretary or the Comptroller General of the United States may not request new compilation of information not readily available to such State.

• (c) Reports: Each State receiving funds under this chapter 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.

Wagner-Peyser Act section 13(a):

Sec. 49l. Miscellaneous operating authorities

• (a) The Secretary is authorized to establish performance standards for activities under this chapter which shall take into account the differences in priorities reflected in State plans.

• (b)

  • (1) Nothing in this chapter 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 chapter 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 therefore, and the justification may include that such jobs are part of a State industrial development effort.

Wagner-Peyser Act section 15(e)(2)(I):

Sec. 49l-1. Authorization of appropriations

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.

2. Workforce Investment Act Title I Services

WIA section 136 – Performance Accountability System:

(a) Purpose.--The purpose of this section is to establish a comprehensive performance accountability system, comprised of the activities described in this section, to assess the effectiveness of States and local areas in achieving continuous improvement of workforce investment activities funded under this subtitle, in order to optimize the return on investment of Federal funds in statewide and local workforce investment activities.

(b) State Performance Measures.--

(1) In general.--For each State, the State performance measures shall consist of--

(A)(i) the core indicators of performance described in paragraph (2)(A) and the customer satisfaction indicator of performance described in paragraph (2)(B); and

(ii) additional indicators of performance (if any) identified by the State under paragraph (2)(C); and

(B) a State adjusted level of performance for each indicator described in subparagraph (A).

(2) Indicators of performance.--

(A) Core indicators of performance.--

(i) In general.--The core indicators of performance for employment and training activities authorized under section 134 (except for self-service and informational activities) and (for participants who are eligible youth age 19 through 21) for youth activities authorized under section 129 shall

consist of--

(I) entry into unsubsidized employment;

(II) retention in unsubsidized employment 6 months after entry into the employment;

(III) earnings received in unsubsidized employment 6 months after entry into the employment; and

(IV) attainment of a recognized credential relating to achievement of educational skills, which may include attainment of a secondary school diploma or its recognized equivalent, or occupational skills, by participants who enter unsubsidized employment, or by participants who are eligible youth age 19 through 21 who enter postsecondary education, advanced training, or unsubsidized employment.

(ii) Core indicators for eligible youth.--The core indicators of performance (for participants who are eligible youth age 14 through 18) for youth activities authorized under section 129, shall include--

(I) attainment of basic skills and, as appropriate, work readiness or occupational skills;

(II) attainment of secondary school diplomas and their recognized equivalents; and

(III) placement and retention in postsecondary education or advanced training, or placement and retention in military service, employment, or qualified

apprenticeships.

(B) Customer satisfaction indicators.--The customer satisfaction indicator of performance shall consist of customer satisfaction of employers and participants with services received from the workforce investment activities authorized under this subtitle. Customer satisfaction may be measured through surveys conducted after the conclusion of participation in the workforce investment activities.

(C) Additional indicators.--A State may identify in the State plan additional indicators for workforce investment activities authorized under this subtitle.

(3) Levels of performance.--

(A) State adjusted levels of performance for core indicators and customer satisfaction indicator.--

(i) In general.--For each State submitting a State plan, there shall be established, in accordance with this subparagraph, levels of performance for each of the core indicators of performance described in paragraph (2)(A) and the customer satisfaction indicator described in paragraph (2)(B) for workforce investment activities authorized under this subtitle. The levels of performance established under this subparagraph shall, at a minimum--

(I) be expressed in an objective, quantifiable, and measurable form; and

(II) show the progress of the State toward continuously improving in performance.

(ii) Identification in state plan.--Each State shall identify, in the State plan submitted under section 112, expected levels of performance for each of the core indicators of performance and the customer satisfaction indicator of performance, for the first 3 program years covered by the State plan.

(iii) Agreement on state adjusted levels of performance for first 3 years.--In order to ensure an optimal return on the investment of Federal funds in workforce investment activities authorized under this subtitle, the Secretary and each Governor shall reach agreement on levels of performance for each of the core indicators of performance and the customer satisfaction indicator of performance, for the first 3 program years covered by the State plan, taking into account the levels identified in the State plan under clause (ii) and the factors described in clause (iv). The levels agreed to under this clause shall be considered to be the State adjusted levels of performance for the State for such years and shall be incorporated into the State plan prior to the approval of such plan.

(iv) Factors.--The agreement described in clause (iii) or (v) shall take into account--

(I) the extent to which the levels involved will assist the State in attaining a high level of customer satisfaction;

(II) how the levels involved compare with the State adjusted levels of performance established for other States, taking into account factors including differences in economic conditions, the characteristics of participants when the participants entered the program, and the services to be provided; and

(III) the extent to which such levels involved promote continuous improvement in performance on the performance measures by such State and ensure optimal return on the investment of Federal funds.

(v) Agreement on state adjusted levels of performance for 4th and 5th years.--Prior to the 4th program year covered by the State plan, the Secretary and each Governor shall reach agreement on levels of performance for each of the core indicators of performance and the customer satisfaction indicator of performance, for the 4th and 5th program years covered by the State plan, taking into account the factors described in clause (iv). The levels agreed to under this clause shall be considered to be the State adjusted levels of performance for the State for such years and shall be incorporated into the State plan.

(vi) Revisions.--If unanticipated circumstances arise in a State resulting in a significant change in the factors described in clause (iv)(II), the Governor may request that the State adjusted levels of performance agreed to under clause (iii) or (v) be revised. The Secretary, after collaboration with the representatives described in subsection (i), shall issue objective criteria and methods for making such revisions.

(B) Levels of performance for additional indicators.—The State may identify, in the State plan, State levels of performance for each of the additional indicators described in paragraph (2)(C). Such levels shall be considered to be State adjusted levels of performance for purposes of this title.

(c) Local Performance Measures.--

(1) In general.--For each local area in a State, the local performance measures shall consist of--

(A)(i) the core indicators of performance described in subsection (b)(2)(A), and the customer satisfaction indicator of performance described in subsection (b)(2)(B), for activities described in such subsections, other than statewide workforce investment activities; and (ii) additional indicators of performance (if any) identified by the State under subsection (b)(2)(C) for activities described in such subsection, other than statewide workforce investment activities; and

(B) a local level of performance for each indicator described in subparagraph (A).

(2) Local level of performance.--The local board, the chief elected official, and the Governor shall negotiate and reach agreement on the local levels of performance based on the State adjusted levels of performance established under subsection (b).

(3) Determinations.--In determining such local levels of performance, the local board, the chief elected official, and the Governor shall take into account the specific economic, demographic, and other characteristics of the populations to be served in the local area.

(d) Report.--

(1) In general.--Each State that receives an allotment under section 127 or 132 shall annually prepare and submit to the Secretary a report on the progress of the State in achieving State performance measures, including information on the levels of performance achieved by the State with respect to the core indicators of performance and the customer satisfaction indicator. The annual report also shall include information regarding the progress of local areas in the State in achieving local performance measures, including information on the levels of performance achieved by the areas with respect to the core indicators of performance and the customer satisfaction indicator. The report also shall include information on the status of State evaluations of workforce investment activities described in subsection (e).

(2) Additional information.--In preparing such report, the State shall include, at a minimum, information on participants in workforce investment activities authorized under this subtitle relating to--

(A) entry by participants who have completed training services provided under section 134(d)(4) into unsubsidized employment related to the training received;

(B) wages at entry into employment for participants in workforce investment activities who entered unsubsidized employment, including the rate of wage replacement for such participants who are dislocated workers;

(C) cost of workforce investment activities relative to the effect of the activities on the performance of participants;

(D) retention and earnings received in unsubsidized employment 12 months after entry into the employment;

(E) performance with respect to the indicators of performance specified in subsection (b)(2)(A) of participants in workforce investment activities who received the training services compared with the performance of participants in workforce investment activities who received only services other than the training services (excluding participants who received only self-service and informational activities); and

(F) performance with respect to the indicators of performance specified in subsection (b)(2)(A) of recipients of public assistance, out-of-school youth, veterans, individuals with disabilities, displaced homemakers, and older individuals.

(3) Information dissemination.--The Secretary--

(A) shall make the information contained in such reports available to the general public through publication and other appropriate methods;

(B) shall disseminate State-by-State comparisons of the information; and

(C) shall provide the appropriate congressional committees with copies of such reports.

(e) Evaluation of State Programs.--

(1) In general.--Using funds made available under this subtitle, the State, in coordination with local boards in the State, shall conduct ongoing evaluation studies of workforce investment activities carried out in the State under this subtitle in order to promote, establish, implement, and utilize methods for continuously improving the activities in order to achieve high-level performance within, and high-level outcomes from, the statewide workforce investment system. To the maximum extent practicable, the State shall coordinate the evaluations with the evaluations provided for by the Secretary under section 172.

(2) Design.--The evaluation studies conducted under this subsection shall be designed in conjunction with the State board and local boards and shall include analysis of customer feedback and outcome and process measures in the statewide workforce investment system. The studies may include use of control groups.

(3) Results.--The State shall periodically prepare and submit to the State board, and local boards in the State, reports containing the results of evaluation studies conducted under this subsection, to promote the efficiency and effectiveness of the statewide workforce investment system in improving employability for jobseekers and competitiveness for employers.

(f) Fiscal and Management Accountability Information Systems.--

(1) In general.--Using funds made available under this subtitle, the Governor, in coordination with local boards and chief elected officials in the State, shall establish and operate a fiscal and management accountability information system based on guidelines established by the Secretary after consultation with the Governors, local elected officials, and one-stop partners. Such guidelines shall promote efficient collection and use of fiscal and management information for reporting and monitoring the use of funds made available under this subtitle and for preparing the annual report described in subsection (d).

(2) Wage records.--In measuring the progress of the State on State and local performance measures, a State shall utilize quarterly wage records, consistent with State law. The Secretary shall make arrangements, consistent with State law, to ensure that the wage records of any State are available to any other State to the extent that such wage records are required by the State in carrying out the State plan of the State or completing the annual report described in subsection (d).

(3) Confidentiality.--In carrying out the requirements of this Act, the State shall comply with section 444 of the General Education Provisions Act (20 U.S.C. 1232g) (as added by the Family Educational Rights and Privacy Act of 1974).

(g) Sanctions for State Failure To Meet State Performance

Measures.--

(1) States.--

(A) Technical assistance.--If a State fails to meet State adjusted levels of performance relating to indicators described in subparagraph (A) or (B) of subsection (b)(2) for a program for any program year, the Secretary shall, upon request, provide technical assistance in accordance with section 170, including assistance in the development of a performance improvement plan.

(B) Reduction in amount of grant.--If such failure continues for a second consecutive year, or if a State fails to submit a report under subsection (d) for any program year, the Secretary may reduce by not more than 5 percent, the amount of the grant that would (in the absence of this paragraph) be payable to the State under such program for the immediately succeeding program year. Such penalty shall be based on the degree of failure to meet State adjusted levels of performance.

(2) Funds resulting from reduced allotments.--The Secretary shall use an amount retained, as a result of a reduction in an allotment to a State made under paragraph (1)(B), to provide incentive grants under section 503.

(h) Sanctions for Local Area Failure To Meet Local Performance Measures.--

(1) Technical assistance.--If a local area fails to meet levels of performance relating to indicators described in subparagraph (A) or (B) of subsection (b)(2) for a program for any program year, the Governor, or upon request by the Governor, the Secretary, shall provide technical assistance, which may include assistance in the development of a performance improvement plan, or the development of a modified local plan.

(2) Corrective actions.--

(A) In general.--If such failure continues for a second consecutive year, the Governor shall take corrective actions, which may include development of a reorganization plan through which the Governor may--

(i) require the appointment and certification of a new local board (consistent with the criteria established under section 117(b));

(ii) prohibit the use of eligible providers and one-stop partners identified as achieving a poor level of performance; or

(iii) take such other actions as the Governor determines are appropriate.

(B) Appeal by local area.--

(i) Appeal to governor.--A local area that is subject to a reorganization plan under subparagraph (A) may, not later than 30 days after receiving notice of the reorganization plan, appeal to the Governor to rescind or revise such plan. In such case, the Governor shall make a final decision not later then 30 days after the receipt of the appeal.

(ii) Subsequent action.--The local area may, not later than 30 days after receiving a decision from the Governor pursuant to clause (i), appeal such decision to the Secretary. In such case, the Secretary shall make a final decision not later than 30 days after the receipt of the appeal.

(C) Effective date.--The decision made by the Governor under clause (i) of subparagraph (B) shall become effective at the time the Governor issues the decision pursuant to such clause. Such decision shall remain effective unless the Secretary rescinds or revises such plan pursuant to clause (ii) of subparagraph (B).

(i) Other Measures and Terminology.--

(1) Responsibilities.--In order to ensure nationwide comparability of performance data, the Secretary, after collaboration with representatives of appropriate Federal agencies, and representatives of States and political subdivisions, business and industry, employees, eligible providers of employment and training activities, educators, and participants, with expertise regarding workforce investment policies and workforce investment activities, shall issue--

(A) definitions for information required to be reported under subsection (d)(2);

(B) terms for a menu of additional indicators of performance described in subsection (b)(2)(C) to assist States in assessing their progress toward State workforce investment goals; and

(C) objective criteria and methods described in subsection (b)(3)(A)(vi) for making revisions to levels of performance.

(2) Definitions for core indicators.--The Secretary and the representatives described in paragraph (1) shall participate in the activities described in section 502 concerning the issuance of definitions for indicators of performance described in subsection (b)(2)(A).

(3) Assistance.--The Secretary shall make the services of staff available to the representatives to assist the representatives in participating in the collaboration described in paragraph (1) and in the activities described in section 502.

WIA section 172

(a) Programs and Activities Carried Out Under This Title.--For the purpose of improving the management and effectiveness of programs and activities carried out under this title, the Secretary shall provide for the continuing evaluation of the programs and activities, including those programs and activities carried out under section 171. Such evaluations shall address--

(1) the general effectiveness of such programs and activities in relation to their cost, including the extent to which the programs and activities--

(A) improve the employment competencies of participants in comparison to comparably-situated individuals who did not participate in such programs and activities; and

(B) to the extent feasible, increase the level of total employment over the level that would have existed in the absence of such programs and activities;

(2) the effectiveness of the performance measures relating to such programs and activities;

(3) the effectiveness of the structure and mechanisms for delivery of services through such programs and activities;

(4) the impact of the programs and activities on the community and participants involved;

(5) the impact of such programs and activities on related programs and activities;

(6) the extent to which such programs and activities meet the needs of various demographic groups; and

(7) such other factors as may be appropriate.

(b) Other Programs and Activities.--The Secretary may conduct evaluations of other federally funded employment-related programs and activities under other provisions of law.

(c) Techniques.--Evaluations conducted under this section shall utilize appropriate methodology and research designs, including the use of control groups chosen by scientific random assignment methodologies. The Secretary shall conduct as least 1 multisite control group evaluation under this section by the end of fiscal year 2005.

(d) Reports.--The entity carrying out an evaluation described in subsection (a) or (b) shall prepare and submit to the Secretary a draft report and a final report containing the results of the evaluation.

(e) Reports to Congress.--Not later than 30 days after the completion of such a draft report, the Secretary shall transmit the draft report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate. Not later than 60 days after the completion of such a final report, the Secretary shall transmit the final report to such committees of the Congress.

(f) Coordination.--The Secretary shall ensure the coordination of evaluations carried out by States pursuant to section 136(e) with the evaluations carried out under this section.

WIA section 173

(a) In General.--The Secretary is authorized to award national emergency grants in a timely manner--

(1) to an entity described in subsection (c) to provide employment and training assistance to workers affected by major economic dislocations, such as plant closures, mass layoffs, or closures and realignments of military installations;

(2) to provide assistance to the Governor of any State within the boundaries of which is an area that has suffered an emergency or a major disaster as defined in paragraphs (1) and (2), respectively, of section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122 (1) and (2)) (referred to in this section as the ``disaster area'') to provide disaster relief employment in the area; and

(3) to provide additional assistance to a State or local board for eligible dislocated workers in a case in which the State or local board has expended the funds provided under this section to carry out activities described in paragraphs (1) and (2) and can demonstrate the need for additional funds to provide appropriate services for such workers, in accordance with requirements prescribed by the Secretary.

(b) Administration.--The Secretary shall designate a dislocated worker office to coordinate the functions of the Secretary under this title relating to employment and training activities for dislocated workers, including activities carried out under the national emergency grants.

(c) Employment and Training Assistance Requirements.--

(1) Grant recipient eligibility.--

(A) Application.--To be eligible to receive a grant under subsection (a)(1), an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.

(B) Eligible entity.--In this paragraph, the term ``entity'' means a State, a local board, an entity described in section 166(c), entities determined to be eligible by the Governor of the State involved, and other entities that demonstrate to the Secretary the capability to effectively respond to the circumstances relating to particular dislocations.

(2) Participant eligibility.--

(A) In general.--In order to be eligible to receive employment and training assistance under a national emergency grant awarded pursuant to subsection (a)(1), an individual shall be--

(i) a dislocated worker;

(ii) a civilian employee of the Department of Defense or the Department of Energy employed at a military installation that is being closed, or that will undergo realignment, within the next 24 months after the date of the determination of eligibility;

(iii) an individual who is employed in a non-managerial position with a Department of Defense contractor, who is determined by the Secretary of Defense to be at-risk of termination from employment as a result of reductions in defense expenditures, and whose employer is converting operations from defense to non-defense applications in order to prevent worker layoffs; or

(iv) a member of the Armed Forces who--

(I) was on active duty or full-time National Guard duty;

(II)(aa) is involuntarily separated (as defined in section 1141 of title 10, United States Code) from active duty or full-time National Guard duty; or (bb) is separated from active duty or full-time National Guard duty pursuant to a special separation benefits program under section 1174a of title 10, United States Code, or the voluntary separation incentive program under section 1175 of that title;

(III) is not entitled to retired or retained pay incident to the separation described in subclause (II); and

(IV) applies for such employment and training assistance before the end of the 180-day period beginning on the date of that separation.

(B) Retraining assistance.--The individuals described in subparagraph (A)(iii) shall be eligible for retraining assistance to upgrade skills by obtaining marketable skills needed to support the conversion described in subparagraph (A)(iii).

(C) Additional requirements.--The Secretary shall establish and publish additional requirements related to eligibility for employment and training assistance under the national emergency grants to ensure effective use of the funds available for this purpose.

(D) Definitions.--In this paragraph, the terms ``military institution'' and ``realignment'' have the meanings given the terms in section 2910 of the Defense Base Closure and Realignment Act of 1990 (Public Law 101-510; 10 U.S.C. 2687 note).

(d) Disaster Relief Employment Assistance Requirements.--

(1) In general.--Funds made available under subsection (a)(2)--(A) shall be used to provide disaster relief employment on projects that provide food, clothing, shelter, and other humanitarian assistance for disaster victims, and projects regarding demolition, cleaning, repair, renovation, and reconstruction of damaged and destroyed structures, facilities, and lands located within the disaster area;

(B) may be expended through public and private agencies and organizations engaged in such projects; and

(C) may be expended to provide employment and training activities.

(2) Eligibility.--An individual shall be eligible to be offered disaster relief employment under subsection (a)(2) if such individual is a dislocated worker, is a long-term unemployed individual, or is temporarily or permanently laid off as a consequence of the disaster.

(3) Limitations on disaster relief employment.--No individual shall be employed under subsection (a)(2) for more than 6 months for work related to recovery from a single natural disaster.

WIA section 185(a)(2); 185(c)(2); 185(d)(1)(a-e); 185(d)(2); 185(e)(1) and 185(e)(2):

SEC. 185. REPORTS; RECORDKEEPING; INVESTIGATIONS.

(a) Reports.--

(1) In general.--Recipients of funds under this title shall

keep records that are sufficient to permit the preparation of

reports required by this title and to permit the tracing of funds

to a level of expenditure adequate to ensure that the funds have

not been spent unlawfully.

(2) Submission to the secretary.--Every such recipient shall

maintain such records and submit such reports, in such form and

containing such information, as the Secretary may require regarding

the performance of programs and activities carried out under this

title. Such records and reports shall be submitted to the Secretary

but shall not be required to be submitted more than once each

quarter unless specifically requested by Congress or a committee of

Congress, in which case an estimate may be provided.

(3) Maintenance of standardized records.--In order to allow for

the preparation of the reports required under subsection (c), such

recipients shall maintain standardized records for all individual

participants and provide to the Secretary a sufficient number of

such records to provide for an adequate analysis of the records.

(4) Availability to the public.--

(A) In general.--Except as provided in subparagraph (B),

records maintained by such recipients pursuant to this

subsection shall be made available to the public upon request.

(B) Exception.--Subparagraph (A) shall not apply to--

(i) information, the disclosure of which would

constitute a clearly unwarranted invasion of personal

privacy; and

(ii) trade secrets, or commercial or financial

information, that is obtained from a person and privileged

or confidential.

(C) Fees to recover costs.--Such recipients may charge fees

sufficient to recover costs applicable to the processing of

requests for records under subparagraph (A).

(b) Investigations of Use of Funds.--

(1) In general.--

(A) Secretary.--In order to evaluate compliance with the

provisions of this title, the Secretary shall conduct, in

several States, in each fiscal year, investigations of the use

of funds received by recipients under this title.

(B) Comptroller general of the united states.--In order to

ensure compliance with the provisions of this title, the

Comptroller General of the United States may conduct

investigations of the use of funds received under this title by

any recipient.

(2) Prohibition.--In conducting any investigation under this

title, the Secretary or the Comptroller General of the United

States may not request the compilation of any information that the

recipient is not otherwise required to compile and that is not

readily available to such recipient.

(3) Audits.--

(A) In general.--In carrying out any audit under this title

(other than any initial audit survey or any audit investigating

possible criminal or fraudulent conduct), either directly or

through grant or contract, the Secretary, the Inspector General

of the Department of Labor, or the Comptroller General of the

United States shall furnish to the State, recipient, or other

entity to be audited, advance notification of the overall

objectives and purposes of the audit, and any extensive

recordkeeping or data requirements to be met, not later than 14

days (or as soon as practicable), prior to the commencement of

the audit.

(B) Notification requirement.--If the scope, objectives, or

purposes of the audit change substantially during the course of

the audit, the entity being audited shall be notified of the

change as soon as practicable.

(C) Additional requirement.--The reports on the results of

such audits shall cite the law, regulation, policy, or other

criteria applicable to any finding contained in the reports.

(D) Rule of construction.--Nothing contained in this title

shall be construed so as to be inconsistent with the Inspector

General Act of 1978 (5 U.S.C. App.) or government auditing

standards issued by the Comptroller General of the United

States.

(c) Accessibility of Reports.--Each State, each local board, and

each recipient (other than a subrecipient, subgrantee, or contractor of

a recipient) receiving funds under this title--

(1) shall make readily accessible such reports concerning its

operations and expenditures as shall be prescribed by the

Secretary;

(2) shall prescribe and maintain comparable management

information systems, in accordance with guidelines that shall be

prescribed by the Secretary, designed to facilitate the uniform

compilation, cross tabulation, and analysis of programmatic,

participant, and financial data, on statewide, local area, and

other appropriate bases, necessary for reporting, monitoring, and

evaluating purposes, including data necessary to comply with

section 188; and

(3) shall monitor the performance of providers in complying

with the terms of grants, contracts, or other agreements made

pursuant to this title.

(d) Information To Be Included in Reports.--

(1) In general.--The reports required in subsection (c) shall

include information regarding programs and activities carried out

under this title pertaining to--

(A) the relevant demographic characteristics (including

race, ethnicity, sex, and age) and other related information

regarding participants;

(B) the programs and activities in which participants are

enrolled, and the length of time that participants are engaged

in such programs and activities;

(C) outcomes of the programs and activities for

participants, including the occupations of participants, and

placement for participants in nontraditional employment;

(D) specified costs of the programs and activities; and

(E) information necessary to prepare reports to comply with

section 188.

(2) Additional requirement.--The Secretary shall ensure that

all elements of the information required for the reports described

in paragraph (1) are defined and reported uniformly.

(e) Quarterly Financial Reports.--

(1) In general.--Each local board in the State shall submit

quarterly financial reports to the Governor with respect to

programs and activities carried out under this title. Such reports

shall include information identifying all program and activity

costs by cost category in accordance with generally accepted

accounting principles and by year of the appropriation involved.

(2) Additional requirement.--Each State shall submit to the

Secretary, on a quarterly basis, a summary of the reports submitted

to the Governor pursuant to paragraph (1).

(f) Maintenance of Additional Records.--Each State and local board

shall maintain records with respect to programs and activities carried

out under this title that identify--

(1) any income or profits earned, including such income or

profits earned by subrecipients; and

(2) any costs incurred (such as stand-in costs) that are

otherwise allowable except for funding limitations.

(g) Cost Categories.--In requiring entities to maintain records of

costs by category under this title, the Secretary shall require only

that the costs be categorized as administrative or programmatic costs.

WIA section 188 and 29 CFR Part 37 (136(d)):

SEC. 188. NONDISCRIMINATION.

(a) In General.--

(1) Federal financial assistance.--For the purpose of applying

the prohibitions against discrimination on the basis of age under

the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), on the

basis of disability under section 504 of the Rehabilitation Act of

1973 (29 U.S.C. 794), on the basis of sex under title IX of the

Education Amendments of 1972 (20 U.S.C. 1681 et seq.), or on the

basis of race, color, or national origin under title VI of the

Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), programs and

activities funded or otherwise financially assisted in whole or in

part under this Act are considered to be programs and activities

receiving Federal financial assistance.

(2) Prohibition of discrimination regarding participation,

benefits, and employment.--No individual shall be excluded from

participation in, denied the benefits of, subjected to

discrimination under, or denied employment in the administration of

or in connection with, any such program or activity because of

race, color, religion, sex (except as otherwise permitted under

title IX of the Education Amendments of 1972), national origin,

age, disability, or political affiliation or belief.

(3) Prohibition on assistance for facilities for sectarian

instruction or religious worship.--Participants shall not be

employed under this title to carry out the construction, operation,

or maintenance of any part of any facility that is used or to be

used for sectarian instruction or as a place for religious worship

(except with respect to the maintenance of a facility that is not

primarily or inherently devoted to sectarian instruction or

religious worship, in a case in which the organization operating

the facility is part of a program or activity providing services to

participants).

(4) Prohibition on discrimination on basis of participant

status.--No person may discriminate against an individual who is a

participant in a program or activity that receives funds under this

title, with respect to the terms and conditions affecting, or

rights provided to, the individual, solely because of the status of

the individual as a participant.

(5) Prohibition on discrimination against certain

noncitizens.--Participation in programs and activities or receiving

funds under this title shall be available to citizens and nationals

of the United States, lawfully admitted permanent resident aliens,

refugees, asylees, and parolees, and other immigrants authorized by

the Attorney General to work in the United States.

(b) Action of Secretary.--Whenever the Secretary finds that a State

or other recipient of funds under this title has failed to comply with

a provision of law referred to in subsection (a)(1), or with paragraph

(2), (3), (4), or (5) of subsection (a), including an applicable

regulation prescribed to carry out such provision or paragraph, the

Secretary shall notify such State or recipient and shall request that

the State or recipient comply. If within a reasonable period of time,

not to exceed 60 days, the State or recipient fails or refuses to

comply, the Secretary may--

(1) refer the matter to the Attorney General with a

recommendation that an appropriate civil action be instituted;

or

(2) take such other action as may be provided by law.

(c) Action of Attorney General.--When a matter is referred to the

Attorney General pursuant to subsection (b)(1), or whenever the

Attorney General has reason to believe that a State or other recipient

of funds under this title is engaged in a pattern or practice of

discrimination in violation of a provision of law referred to in

subsection (a)(1) or in violation of paragraph (2), (3), (4), or (5) of

subsection (a), the Attorney General may bring a civil action in any

appropriate district court of the United States for such relief as may

be appropriate, including injunctive relief.

(d) Job Corps.--For the purposes of this section, Job Corps members

shall be considered as the ultimate beneficiaries of Federal financial

assistance.

(e) Regulations.--The Secretary shall issue regulations necessary

to implement this section not later than one year after the date of the

enactment of the Workforce Investment Act of 1998. Such regulations

shall adopt standards for determining discrimination and procedures for

enforcement that are consistent with the Acts referred to in a

subsection (a)(1), as well as procedures to ensure that complaints

filed under this section and such Acts are processed in a manner that

avoids duplication of effort.

WIA section 189(d):

(a) In General.--The Secretary may, in accordance with chapter 5 of

title 5, United States Code, prescribe rules and regulations to carry

out this title only to the extent necessary to administer and ensure

compliance with the requirements of this title. Such rules and

regulations may include provisions making adjustments authorized by

section 204 of the Intergovernmental Cooperation Act of 1968. All such

rules and regulations shall be published in the Federal Register at

least 30 days prior to their effective dates. Copies of each such rule

or regulation shall be transmitted to the appropriate committees of

Congress on the date of such publication and shall contain, with

respect to each material provision of such rule or regulation, a

citation to the particular substantive section of law that is the basis

for the provision.

(b) Acquisition of Certain Property and Services.--The Secretary is

authorized, in carrying out this title, to accept, purchase, or lease

in the name of the Department of Labor, and employ or dispose of in

furtherance of the purposes of this title, any money or property, real,

personal, or mixed, tangible or intangible, received by gift, devise,

bequest, or otherwise, and to accept voluntary and uncompensated

services notwithstanding the provisions of section 1342 of title 31,

United States Code.

(c) Authority To Enter Into Certain Agreements and To Make Certain

Expenditures.--The Secretary may make such grants, enter into such

contracts or agreements, establish such procedures, and make such

payments, in installments and in advance or by way of reimbursement, or

otherwise allocate or expend such funds under this title, as may be

necessary to carry out this title, including making expenditures for

construction, repairs, and capital improvements, and including making

necessary adjustments in payments on account of over-payments or

underpayments.

(d) Annual Report.--The Secretary shall prepare and submit to

Congress an annual report regarding the programs and activities carried

out under this title. The Secretary shall include in such report--

(1) a summary of the achievements, failures, and problems of

the programs and activities in meeting the objectives of this

title;

(2) a summary of major findings from research, evaluations,

pilot projects, and experiments conducted under this title in the

fiscal year prior to the submission of the report;

(3) recommendations for modifications in the programs and

activities based on analysis of such findings; and

(4) such other recommendations for legislative or

administrative action as the Secretary determines to be

appropriate.

(e) Utilization of Services and Facilities.--The Secretary is

authorized, in carrying out this title, under the same procedures as

are applicable under subsection (c) or to the extent permitted by law

other than this title, to accept and use the services and facilities of

departments, agencies, and establishments of the United States. The

Secretary is also authorized, in carrying out this title, to accept and

use the services and facilities of the agencies of any State or

political subdivision of a State, with the consent of the State or

political subdivision.

(f) Obligational Authority.--Notwithstanding any other provision of

this title, the Secretary shall have no authority to enter into

contracts, grant agreements, or other financial assistance agreements

under this title except to such extent and in such amounts as are

provided in advance in appropriations Acts.

(g) Program Year.--

(1) In general.--

(A) Program year.--Except as provided in subparagraph (B),

appropriations for any fiscal year for programs and activities

carried out under this title shall be available for obligation

only on the basis of a program year. The program year shall

begin on July 1 in the fiscal year for which the appropriation

is made.

(B) Youth activities.--The Secretary may make available for

obligation, beginning April 1 of any fiscal year, funds

appropriated for such fiscal year to carry out youth activities

under subtitle B.

(2) Availability.--Funds obligated for any program year for a

program or activity carried out under this title may be expended by

each State receiving such funds during that program year and the 2

succeeding program years. Funds obligated for any program year for

a program or activity carried out under section 171 or 172 shall

remain available until expended. Funds received by local areas from

States under this title during a program year may be expended

during that program year and the succeeding program year. No amount

of the funds described in this paragraph shall be deobligated on

account of a rate of expenditure that is consistent with a State

plan, an operating plan described in section 151, or a plan, grant

agreement, contract, application, or other agreement described in

subtitle D, as appropriate.

(h) Enforcement of Military Selective Service Act.--The Secretary

shall ensure that each individual participating in any program or

activity established under this title, or receiving any assistance or

benefit under this title, has not violated section 3 of the Military

Selective Service Act (50 U.S.C. App. 453) by not presenting and

submitting to registration as required pursuant to such section. The

Director of the Selective Service System shall cooperate with the

Secretary to enable the Secretary to carry out this subsection.

(i) Waivers and Special Rules.--

(1) Existing waivers.--With respect to a State that has been

granted a waiver under the provisions relating to training and

employment services of the Department of Labor in title I of the

Departments of Labor, Health and Human Services, and Education, and

Related Agencies Appropriations Act, 1997 (Public Law 104-208; 110

Stat. 3009-234), the authority provided under such waiver shall

continue in effect and apply, and include a waiver of the related

provisions of subtitle B and this subtitle, for the duration of the

initial waiver.

(2) Special rule regarding designated areas.--A State that has

enacted, not later than December 31, 1997, a State law providing

for the designation of service delivery areas for the delivery of

workforce investment activities, may use such areas as local areas

under this title, notwithstanding section 116.

(3) Special rule regarding sanctions.--A State that enacts, not

later than December 31, 1997, a State law providing for the

sanctioning of such service delivery areas for failure to meet

performance measures for workforce investment activities, may use

the State law to sanction local areas for failure to meet State

performance measures under this title.

(4) General waivers of statutory or regulatory requirements.--

(A) General authority.--Notwithstanding any other provision

of law, the Secretary may waive for a State, or a local area in

a State, pursuant to a request submitted by the Governor of the

State (in consultation with appropriate local elected

officials) that meets the requirements of subparagraph (B)--

(i) any of the statutory or regulatory requirements of

subtitle B or this subtitle (except for requirements

relating to wage and labor standards, including

nondisplacement protections, worker rights, participation

and protection of workers and participants, grievance

procedures and judicial review, nondiscrimination,

allocation of funds to local areas, eligibility of

providers or participants, the establishment and functions

of local areas and local boards, and procedures for review

and approval of plans); and

(ii) any of the statutory or regulatory requirements of

sections 8 through 10 of the Wagner-Peyser Act (29 U.S.C.

49g through 49i) (excluding requirements relating to the

provision of services to unemployment insurance claimants

and veterans, and requirements relating to universal access

to basic labor exchange services without cost to jobseekers).

(B) Requests.--A Governor requesting a waiver under

subparagraph (A) shall submit a plan to the Secretary to

improve the statewide workforce investment system that--

(i) identifies the statutory or regulatory requirements

that are requested to be waived and the goals that the

State or local area in the State, as appropriate, intends

to achieve as a result of the waiver;

(ii) describes the actions that the State or local

area, as appropriate, has undertaken to remove State or

local statutory or regulatory barriers;

(iii) describes the goals of the waiver and the

expected programmatic outcomes if the request is granted;

(iv) describes the individuals impacted by the waiver; and

(v) describes the process used to monitor the progress

in implementing such a waiver, and the process by which

notice and an opportunity to comment on such request has

been provided to the local board.

(C) Conditions.--Not later than 90 days after the date of

the original submission of a request for a waiver under

subparagraph (A), the Secretary shall provide a waiver under

this paragraph if and only to the extent that--

(i) the Secretary determines that the requirements

requested to be waived impede the ability of the State or

local area, as appropriate, to implement the plan described

in subparagraph (B); and

(ii) the State has executed a memorandum of

understanding with the Secretary requiring such State to

meet, or ensure that the local area meets, agreed-upon

outcomes and to implement other appropriate measures to

ensure accountability.

3. TAA Program

20 CFR 617.57 – Recordkeeping; disclosure of information

(a) Recordkeeping. Each State agency will make and maintain records pertaining to the administration of the Act as the Secretary requires and will make all such records available for inspection, examination and audit by such Federal officials as the Secretary may designate or as may be required by law. Such recordkeeping will be adequate to support the reporting of TAA activity on reporting form ETA 563 approved under OMB control number 1205-0016.

(b) Disclosure of information. Information in records maintained by a State agency in administering the Act shall be kept confidential, and information in such records may be disclosed only in the same manner and to the same extent as information with respect to UI and the entitlement of individuals thereto may be disclosed under the applicable State law. Such information shall not, however, be disclosed to an employer or any other person except to the extent necessary to obtain information from the employer or other person for the purposes of this part 617. This provision on the confidentiality of information maintained in the administration of the Act shall not apply, however, to the Department or for the purposes of Sec. 617.55 or paragraph (a) of this section, or in the case of information, reports and studies required pursuant to Sec. 617.61, or where the result would be inconsistent with the Freedom of Information Act (5 U.S.C. 552), the Privacy Act of 1974 (5 U.S.C. 552a), or regulations of the Department promulgated thereunder (see 29 CFR parts 70 and 70a).

20 CFR 617.61 – Information, reports, and studies.

A State agency shall furnish to the Secretary such information and reports and conduct such studies as the Secretary determines are necessary or appropriate for carrying out the purposes of the Act and this part 617.

4. Jobs for Veterans Act – Priority of Service for Veterans

Jobs for Veterans Act (P.L. 107-288)

SEC. 2. PRIORITY OF SERVICE FOR VETERANS IN DEPARTMENT OF LABOR JOB TRAINING PROGRAMS.

(a) VETERANS’ JOB TRAINING ASSISTANCE.—(1) Chapter 42 is amended by adding at the end the following new section:

‘‘§ 4215. Priority of service for veterans in Department of Labor job training programs

‘‘(a) DEFINITIONS.—In this section:

‘‘(1) The term ‘covered person’ means any of the following individuals:

‘‘(A) A veteran.

‘‘(B) The spouse of any of the following individuals:

‘‘(i) Any veteran who died of a service-connected disability.

‘‘(ii) Any member of the Armed Forces serving

on active duty who, at the time of application for

assistance under this section, is listed, pursuant to

section 556 of title 37 and regulations issued thereunder,

by the Secretary concerned in one or more of

the following categories and has been so listed for

a total of more than 90 days:

(I) missing in action,

(II) captured in line of duty by a hostile force, or

(III) forcibly detained or interned in line of duty by a foreign government or power.

‘‘(iii) Any veteran who has a total disability resulting from a service-connected disability.

‘‘(iv) Any veteran who died while a disability so evaluated was in existence. PUBL288

‘‘(2) The term ‘qualified job training program’ means any

workforce preparation, development, or delivery program or

service that is directly funded, in whole or in part, by the

Department of Labor and includes the following:

‘‘(A) Any such program or service that uses technology

to assist individuals to access workforce development programs

(such as job and training opportunities, labor market

information, career assessment tools, and related support

services).

‘‘(B) Any such program or service under the public

employment service system, one-stop career centers, the

Workforce Investment Act of 1998, a demonstration or other

temporary program, and those programs implemented by

States or local service providers based on Federal block

grants administered by the Department of Labor.

‘‘(C) Any such program or service that is a workforce

development program targeted to specific groups.

‘‘(3) The term ‘priority of service’ means, with respect to

any qualified job training program, that a covered person shall

be given priority over nonveterans for the receipt of employment,

training, and placement services provided under that

program, notwithstanding any other provision of law.

‘‘(b) ENTITLEMENT TO PRIORITY OF SERVICE.—(1) A covered person

is entitled to priority of service under any qualified job training

program if the person otherwise meets the eligibility requirements

for participation in such program.

‘‘(2) The Secretary of Labor may establish priorities among

covered persons for purposes of this section to take into account

the needs of disabled veterans and special disabled veterans, and

such other factors as the Secretary determines appropriate.

‘‘(c) ADMINISTRATION OF PROGRAMS AT STATE AND LOCAL

LEVELS.—An entity of a State or a political subdivision of the

State that administers or delivers services under a qualified job

training program shall—

‘‘(1) provide information and priority of service to covered

persons regarding benefits and services that may be obtained

through other entities or service providers; and

‘‘(2) ensure that each covered person who applies to or

who is assisted by such a program is informed of the employment-

related rights and benefits to which the person is entitled

under this section.

‘‘(d) ADDITION TO ANNUAL REPORT.—In the annual report

required under section 4107(c) of this title for the program year

beginning in 2003 and each subsequent program year, the Secretary

of Labor shall evaluate whether covered persons are receiving priority

of service and are being fully served by qualified job training

programs, and whether the representation of veterans in such programs

is in proportion to the incidence of representation of veterans

in the labor market, including within groups that the Secretary

may designate for priority under such programs, if any.’’.

4103. SEC. 5. ADDITIONAL IMPROVEMENTS IN VETERANS EMPLOYMENT AND TRAINING SERVICES.

(a) INCLUSION OF INTENSIVE SERVICES.—(1)(A) Section 4101

is amended by adding at the end the following new paragraph:

‘‘(9) The term ‘intensive services’ means local employment

and training services of the type described in section 134(d)(3)

of the Workforce Investment Act of 1998.’’.

(B) Section 4102 is amended by striking ‘‘job and job training

counseling service program,’’ and inserting ‘‘job and job training

intensive services program,’’.

(C) Section 4106(a) is amended by striking ‘‘proper counseling’’

and inserting ‘‘proper intensive services’’.

(D) Section 4107(a) is amended by striking ‘‘employment counseling

services’’ and inserting ‘‘intensive services’’.

(E) Section 4107(c)(1) is amended by striking ‘‘the number

counseled’’ and inserting ‘‘the number who received intensive services’’.

(F) Section 4109(a) is amended by striking ‘‘counseling,’’ each

place it appears and inserting ‘‘intensive services,’’.

(2) The amendments made by paragraph (1) shall take effect

on the date of the enactment of this Act.

Effective date.

38 USC 4101

note.

(b) ADDITIONAL VETS DUTY TO IMPLEMENT TRANSITIONS TO

CIVILIAN CAREERS.—(1)(A) Section 4102 is amended by striking

the period and inserting ‘‘, including programs carried out by the

Veterans’ Employment and Training Service to implement all efforts

to ease the transition of service members to civilian careers that

are consistent with, or an outgrowth of, the military experience

of the service members.’’.

(B) Such section is further amended by striking ‘‘and veterans

of the Vietnam era’’ and inserting ‘‘and veterans who served on

active duty during a war or in a campaign or expedition for which

a campaign badge has been authorized’’.

(2) The amendments made by paragraph (1) shall take effect

on the date of the enactment of this Act.

(c) MODERNIZATION OF EMPLOYMENT SERVICE DELIVERY POINTS

TO INCLUDE TECHNOLOGICAL INNOVATIONS.—(1) Section 4101(7) is

amended to read as follows:

‘‘(7) The term ‘employment service delivery system’ means

a service delivery system at which or through which labor

exchange services, including employment, training, and placement

services, are offered in accordance with the Wagner-

Peyser Act.’’.

(2) The amendments made by paragraph (1) shall take effect

on the date of the enactment of this Act.

(d) INCREASE IN ACCURACY OF REPORTING SERVICES FURNISHED

TO VETERANS.—(1)(A) Section 4107(c)(1) is amended—

(i) by striking ‘‘veterans of the Vietnam era,’’; and

(ii) by striking ‘‘and eligible persons who registered for

assistance with’’ and inserting ‘‘eligible persons, recently separated

veterans (as defined in section 4211(6) of this title),

and service members transitioning to civilian careers who registered

for assistance with, or who are identified as veterans by,’’.

(B) Section 4107(c)(2) is amended—

(i) by striking ‘‘the job placement rate’’ the first place

it appears and inserting ‘‘the rate of entered employment (as

determined in a manner consistent with State performance

measures applicable under section 136(b) of the Workforce

Investment Act of 1998)’’; and

(ii) by striking ‘‘the job placement rate’’ the second place

it appears and inserting ‘‘such rate of entered employment

(as so determined)’’.

(C) Section 4107(c)(4) is amended by striking ‘‘sections 4103A

and 4104’’ and inserting ‘‘section 4212(d)’’.

(D) Section 4107(c) is amended—

(i) by striking ‘‘and’’ at the end of paragraph (4);

(ii) by striking the period at the end of paragraph (5)

and inserting ‘‘; and’’; and

(iii) by adding at the end the following new paragraph:

‘‘(6) a report on the operation during the preceding program

year of the program of performance incentive awards for quality

employment services under section 4112 of this title.’’

(E) Section 4107(b), as amended by section 4(a)(3)(B), is further

amended by striking the second sentence and inserting the following:

‘‘Not later than February 1 of each year, the Secretary

shall report to the Committees on Veterans’ Affairs of the Senate

and the House of Representatives on the performance of States

and organizations and entities carrying out employment, training,

and placement services under this chapter, as measured under

subsection (b)(7) of section 4102A of this title. In the case of a

State that the Secretary determines has not met the minimum

standard of performance (established by the Secretary under subsection

(f) of such section), the Secretary shall include an analysis

of the extent and reasons for the State’s failure to meet that

minimum standard, together with the State’s plan for corrective

action during the succeeding year.’’

(2) The amendments made by paragraph (1) shall apply to

reports for program years beginning on or after July 1, 2003.

33