[Federal Register: August 11, 2000 (Volume 65, Number 156)]
[Rules and Regulations]
[Page 49293-49342]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11au00-7]
PART 652--ESTABLISHMENT AND FUNCTIONING OF STATE EMPLOYMENT
SERVICES
1. The authority citation for part 652 continues to read as
follows:
Authority: 29 U.S.C. 49k.
2. The subpart heading to subpart A is revised to read as follows:
Subpart A--Employment Service Operations.
Sec. 652.1 [Amended]
3. In Sec. 652.1, the definition of State Job Training Coordinating
Council (SJTCC) is removed.
4. Section 652.5 is revised to read as follows:
Sec. 652.5 Services authorized.
The sums allotted to each State under section 6 of the Act must be
expended consistent with an approved plan under 20 CFR 661.220 through
661.240 and Secs. 652.211 through 652.214. At a minimum, each State
shall provide the basic labor exchange elements at Sec. 652.3.
5. Section 652.8 is amended as follows:
a. in paragraph (a) remove the citation ``41 CFR part 29-70'' and
add in its place the citation ``29 CFR part 97, Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local
Governments,'', and remove the citation ``41 CFR. part 1-15.7'' and add
in its place the citation ``OMB Circular A-87 (Revised)''.;
b. in paragraph (d)(2) remove the citation ``41 CFR part 29-70''
and add in its place the citation ``29 CFR part 97, Uniform
Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments,'', and remove the citation ``41 CFR 1-
15.7'' and add in its place the citation ``OMB Circular A-87
(Revised)'', and remove the citation ``41 CFR 29-70.215'' and add in
its place the citation ``29 CFR 97.32(g)';
c. in paragraph (d)(6) introductory text, remove the citation ``41
CFR 1-15.711-13 and 711-10'' and add in its place the citation ``OMB
Circular A-87 (Revised)'';
d. in paragraph (d)(6)(ii) remove the citation ``41 CFR 1-15.711-13
and 711-10'' and add in its place the citation ``OMB Circular A-87
(Revised)'';
e. in paragraph (d)(6)(iii) remove the citation ``41 CFR 1-15.711-
13 and 1-15.711-10'' and add in its place the citation ``OMB Circular
A-87 (Revised)'';
f. in paragraph (d)(6)(iv) remove the citation ``41 CFR 1-15.711-13
and 1-15.711-10'' and add in its place the citation ``OMB Circular A-87
(Revised)'';
g. in paragraph (j)(4) remove the citation ``29 CFR parts 1627 and
32'' and add in its place the citation ``29 CFR part 32 and 29 CFR
1627.3(b)(iv).''
h. paragraph (j)(1) is revised to read as follows:
Sec. 652.8 Administrative provisions.
* * * * *
(j) * * *
(1) Assure that no individual be excluded from participation in,
denied the benefits of, subjected to discrimination under, or denied
employment in the administration or in connection with any services or
activities authorized under the Act in violation of any applicable
nondiscrimination law, including laws prohibiting discrimination on the
basis of age, race, sex, color, religion, national origin, disability,
political affiliation or belief. All complaints alleging discrimination
shall be filed and processed according to the procedures in the
applicable DOL nondiscrimination regulations.
* * * * *
6. Subpart C is revised to read as follows:
Subpart C--Wagner-Peyser Act Services in a One-Stop Delivery System
Environment
Sec.
652.200 What is the purpose of this subpart?
652.201 What is the role of the State agency in the One-Stop
delivery system?
652.202 May local Employment Service Offices exist outside of the
One-Stop service delivery system?
652.203 Who is responsible for funds authorized under the Act in
the workforce investment system?
652.204 Must funds authorized under section 7(b) of the Act (the
Governor's reserve) flow through the One-Stop delivery system?
652.205 May funds authorized under the Act be used to supplement
funding for labor exchange programs authorized under separate
legislation?
652.206 May a State use funds authorized under the Act to provide
``core services'' and ``intensive services'' as defined in WIA?
652.207 How does a State meet the requirement for universal access
to services provided under the Act?
652.208 How are core services and intensive services related to the
methods of service delivery described in Sec. 652.207(b)(2)?
652.209 What are the requirements under the Act for providing
reemployment services and other activities to referred UI claimants?
652.210 What are the Act's requirements for administration of the
work test and assistance to UI claimants?
652.211 What are State planning requirements under the Act?
652.212 When should a State submit modifications to the five-year
plan?
652.213 What information must a State include when the plan is
modified?
652.214 How often may a State submit modifications to the plan?
652.215 Do any provisions in WIA change the requirement that State
merit-staff employees must deliver services provided under the Act?
652.216 May the One-Stop operator provide guidance to State merit-
staff employees in accordance with the Act?
Subpart C--Wagner-Peyser Act Services in a One-Stop Delivery System
Environment
Sec. 652.200 What is the purpose of this subpart?
(a) This subpart provides guidance to States to implement the
services provided under the Act, as amended by WIA, in a One-Stop
delivery system environment.
(b) Except as otherwise provided, the definitions contained at
subpart A of this part and section 2 of the Act apply to this subpart.
Sec. 652.201 What is the role of the State agency in the One-Stop
delivery system?
(a) The role of the State agency in the One-Stop delivery system is
to ensure the delivery of services authorized under section 7(a) of the
Act. The State agency is a required One-Stop partner in each local One-
Stop delivery system and is subject to the provisions relating to such
partners that are described at 20 CFR part 662.
(b) Consistent with those provisions, the State agency must:
(1) Participate in the One-Stop delivery system in accordance with
section 7(e) of the Act;
(2) Be represented on the Workforce Investment Boards that oversee
the local and State One-Stop delivery system and be a party to the
Memorandum of Understanding, described at 20 CFR 662.300, addressing
the operation of the One-Stop delivery system; and
(3) Provide these services as part of the One-Stop delivery system.
Sec. 652.202 May local Employment Service Offices exist outside of the
One-Stop service delivery system?
(a) No, local Employment Service Offices may not exist outside of
the One-Stop service delivery system.
(b) However, local Employment Service Offices may operate as
affiliated sites, or through electronically or technologically linked
access points as part of the One-Stop delivery system, provided the
following conditions are met:
(1) All labor exchange services are delivered as a part of the
local One-Stop delivery system in accordance with section 7(e) of the
Act and Sec. 652.207(b);
(2) The services described in paragraph (b)(1) of this section are
available in at least one comprehensive physical center, as specified
in 20 CFR 662.100, from which job seekers and employers can access
them; and
(3) The Memorandum of Understanding between the State agency local
One-Stop partner and the Local Workforce Investment Board meets the
requirements of 20 CFR 662.300.
Sec. 652.203 Who is responsible for funds authorized under the Act in
the workforce investment system?
The State agency retains responsibility for all funds authorized
under the Act, including those funds authorized under section 7(a)
required for providing the services and activities delivered as part of
the One-Stop delivery system.
Sec. 652.204 Must funds authorized under section 7(b) of the Act (the
Governor's reserve) flow through the One-Stop delivery system?
No, these funds are reserved for use by the Governor for the three
categories of activities specified in section 7(b) of the Act. However,
these funds may flow through the One-Stop delivery system.
Sec. 652.205 May funds authorized under the Act be used to supplement
funding for labor exchange programs authorized under separate
legislation?
(a) Section 7(c) of the Act enables States to use funds authorized
under sections 7(a) or 7(b) of the Act to supplement funding of any
workforce activity carried out under WIA.
(b) Funds authorized under the Act may be used under section 7(c)
to provide additional funding to other activities authorized under WIA
if:
(1) The activity meets the requirements of the Act, and its own
requirements;
(2) The activity serves the same individuals as are served under
the Act;
(3) The activity provides services that are coordinated with
services under the Act; and
(4) The funds supplement, rather than supplant, funds provided from
non-Federal sources.
Sec. 652.206 May a State use funds authorized under the Act to provide
``core services'' and ``intensive services'' as defined in WIA?
Yes, funds authorized under section 7(a) of the Act must be used to
provide core services, as defined at section 134(d)(2) of WIA and
discussed at 20 CFR 663.150, and may be used to provide intensive
services as defined at WIA section 134(d)(3)(C) and discussed at 20 CFR
663.200. Funds authorized under section 7(b) of the Act may be used to
provide core or intensive services. Core and intensive services must be
provided consistent with the requirements of the Act.
Sec. 652.207 How does a State meet the requirement for universal
access to services provided under the Act?
(a) A State has discretion in how it meets the requirement for
universal access to services provided under the Act. In exercising this
discretion, a State must meet the Act's requirements.
(b) These requirements are:
(1) Labor exchange services must be available to all employers and
job seekers, including unemployment insurance (UI) claimants, veterans,
migrant and seasonal farmworkers, and individuals with disabilities;
(2) The State must have the capacity to deliver labor exchange
services to employers and job seekers, as described in the Act, on a
Statewide basis through:
(i) Self-service;
(ii) Facilitated self-help service; and
(iii) Staff-assisted service;
(3) In each local workforce investment area, in at least one
comprehensive physical center, staff funded under the Act must provide
core and applicable intensive services including staff-assisted labor
exchange services; and
(4) Those labor exchange services provided under the Act in a local
workforce investment area must be described in the Memorandum of
Understanding (MOU).
Sec. 652.208 How are core services and intensive services related to
the methods of service delivery described in Sec. 652.207(b)(2)?
Core services and intensive services may be delivered through any
of the applicable three methods of service delivery described in
Sec. 652.207(b)(2). These methods are:
(a) Self-service;
(b) Facilitated self-help service; and
(c) Staff-assisted service.
Sec. 652.209 What are the requirements under the Act for providing
reemployment services and other activities to referred UI claimants?
(a) In accordance with section 3(c)(3) of the Act, the State
agency, as part of the One-Stop delivery system, must provide
reemployment services to UI claimants for whom such services are
required as a condition for receipt of UI benefits. Services must be
provided to the extent that funds are available and must be appropriate
to the needs of UI claimants who are referred to reemployment services
under any Federal or State UI law.
(b) The State agency must also provide other activities, including:
(1) Coordination of labor exchange services with the provision of
UI eligibility services as required by section 5(b)(2) of the Act;
(2) Administration of the work test and provision of job finding
and placement services as required by section 7(a)(3)(F) of the Act.
Sec. 652.210 What are the Act's requirements for administration of the
work test and assistance to UI claimants?
(a) State UI law or rules establish the requirements under which UI
claimants must register and search for work in order to fulfill the UI
work test requirements.
(b) Staff funded under the Act must assure that:
(1) UI claimants receive the full range of labor exchange services
available under the Act that are necessary and appropriate to
facilitate their earliest return to work;
(2) UI claimants requiring assistance in seeking work receive the
necessary guidance and counseling to ensure they make a meaningful and
realistic work search; and
(3) UI program staff receive information about UI claimants'
ability or availability for work, or the suitability of work offered to
them.
Sec. 652.211 What are State planning requirements under the Act?
The State agency designated to administer funds authorized under
the Act must prepare for submission by the Governor, the portion of the
five-year State Workforce Investment Plan describing the delivery of
services provided under the Act in accordance with WIA regulations at
20 CFR 661.220. The State Plan must contain a detailed description of
services that will be provided under the Act, which are adequate and
reasonably appropriate for carrying out the provisions of the Act,
including the requirements of section 8(b) of the Act.
Sec. 652.212 When should a State submit modifications to the five-year
plan?
(a) A State may submit modifications to the five-year plan as
necessary during the five-year period, and must do so in accordance
with the same collaboration, notification, and other requirements that
apply to the original plan. Modifications are likely to be needed to
keep the strategic plan a viable and living document over its five-year
life.
(b) That portion of the plan addressing the Act must be updated to
reflect any reorganization of the State agency designated to deliver
services under the Act, any change in service delivery strategy, any
change in levels of performance when performance goals are not met, or
any change in services delivered by State merit-staff employees.
Sec. 652.213 What information must a State include when the plan is
modified?
A State must follow the instructions for modifying the strategic
five-year plan in 20 CFR 661.230.
Sec. 652.214 How often may a State submit modifications to the plan?
A State may modify its plan, as often as needed, as changes occur
in Federal or State law or policies, Statewide vision or strategy, or
if changes in economic conditions occur.
Sec. 652.215 Do any provisions in WIA change the requirement that
State merit-staff employees must deliver services provided under the
Act?
No, the Secretary requires that labor exchange services provided
under the authority of the Act, including services to veterans, be
provided by State merit-staff employees. This interpretation is
authorized by and consistent with the provisions in sections 3(a) and
5(b) of the Act and the Intergovernmental Personnel Act (42 U.S.C. 4701
et seq.). The Secretary has and has exercised the legal authority under
section 3(a) of the Act to set additional staffing standards and
requirements and to conduct demonstrations to ensure the effective
delivery of services provided under the Act. No additional
demonstrations will be authorized.
Sec. 652.216 May the One-Stop operator provide guidance to State
merit-staff employees in accordance with the Act?
Yes, the One-Stop delivery system envisions a partnership in which
Wagner-Peyser Act labor exchange services are coordinated with other
activities provided by other partners in a One-Stop setting. As part of
the local Memorandum of Understanding, the State agency, as a One-Stop
partner, may agree to have staff receive guidance from the One-Stop
operator regarding the provision of labor exchange services. Personnel
matters, including compensation, personnel actions, terms and
conditions of employment, performance appraisals, and accountability of
State merit-staff employees funded under the Act, remain under the
authority of the State agency. The guidance given to employees must be
consistent with the provisions of the Act, the local Memorandum of
Understanding, and applicable collective bargaining agreements.