20 C.F.R. Subpart C—Wagner-Peyser Act Services in a One-Stop Delivery System Environment
Title 20 - Employees' Benefits
Source: 65 FR 49462, Aug. 11, 2000, unless otherwise noted.
(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. (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. (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 §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. 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. 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. (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. 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. (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). Core services and intensive services may be delivered through any of the applicable three methods of service delivery described in §652.207(b)(2). These methods are: (a) Self-service; (b) Facilitated self-help service; and (c) Staff-assisted service. (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. (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. 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. (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. A State must follow the instructions for modifying the strategic five-year plan in 20 CFR 661.230. 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. 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. 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.
Title 20: Employees' Benefits
PART 652—ESTABLISHMENT AND FUNCTIONING OF STATE EMPLOYMENT SERVICES
Subpart C—Wagner-Peyser Act Services in a One-Stop Delivery System Environment
§ 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 §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?
