Review 29 USC 49h. Audit. Report to Information availability. Funds, repayment. 29 USC 49i. Investigations. "(c) The Governor of the State shall be afforded the opportunity to review and transmit to the Secretary proposed modifications of such plans submitted."; (e) Section 9 of such Act is amended to read as follows: "SEC. 9. (a)(1) Each State shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper disbursal of, and accounting for, Federal funds paid to the recipient under this Act. The Director of the Office of Management and Budget, in consultation with the Comptroller General of the United States, shall establish guidance for the proper performance of audits. Such guidance shall include a review of fiscal controls and fund accounting procedures established by States under this section. "(2) At least once every two years, the State shall prepare or have prepared an independent financial and compliance audit of funds received under this Act. "(3) Each audit shall be conducted in accordance with applicable auditing standards set forth in the financial and compliance element of the Standards for Audit of Governmental Organizations, Programs, Activities, and Functions issued by the Comptroller General of the United States. "(b)(1) The Comptroller General of the United States shall evaluate the expenditures by States of funds received under this Act in order to assure that expenditures are consistent with the provisions of this Act and to determine the effectiveness of the State in accomplishing the purposes of this Act. The Comptroller General shall conduct evaluations whenever determined necessary and shall periodically report to the Congress on the findings of such evaluations. "(2) Nothing in this Act shall be deemed to relieve the Inspector General of the Department of Labor of his responsibilities under the Inspector General Act. (3) For the purpose of evaluating and reviewing programs established or provided for by this Act, the Comptroller General shall have access to and the right to copy any books, accounts, records, correspondence, or other documents pertinent to such programs that are in the possession, custody, or control of the State. "(c) Each State shall repay to the United States amounts found not to have been expended in accordance with this Act. No such finding shall be made except after notice and opportunity for a fair hearing. The Secretary may offset such amounts against any other amount to which the recipient is or may be entitled under this Act.". (f) Section 10 of such Act is amended to read as follows: "SEC. 10. (a) Each State shall keep records that are sufficient to permit the preparation of reports required by this Act and to permit the tracing of funds to a level of expenditure adequate to insure that the funds have not been spent unlawfully. "(bX1) The Secretary may investigate such facts, conditions, practices, or other matters which the Secretary finds necessary to determine whether any State receiving funds under this Act or any official of such State has violated any provision of this Act. "(2)(A) In order to evaluate compliance with the provisions of this Act, the Secretary shall conduct investigations of the use of funds received by States under this Act. "(B) In order to insure compliance with the provisions of this Act, the Comptroller General of the United States may conduct investigations of the use of funds received under this Act by any State. "(3) In conducting any investigation under this Act, the Secretary or the Comptroller General of the United States may not request new compilation of information not readily available to such State. "(c) Each State receiving funds under this Act shall— "(1) make such reports concerning its operations and expenditures in such form and containing such information as shall be prescribed by the Secretary, and "(2) establish and maintain a management information system in accordance with guidelines established by the Secretary designed to facilitate the compilation and analysis of programmatic and financial data necessary for reporting, monitoring, and evaluating purposes.". (g) Section 11(a) of such Act is amended by adding at the end thereof the following new sentence: "Nothing in this section shall be construed to prohibit the Governor from carrying out functions of such State advisory council through the State job training coordinating council in accordance with section 122(c) of the Job Training Partnership Act.". (h) Such Act is amended by adding at the end thereof the following new sections: Restrictions. 29 USC 49j. Ante, p. 1339. standards. "SEC. 13. (a) The Secretary is authorized to establish performance Performance standards for activities under this Act which shall take into account the differences in priorities reflected in State plans. 29 USC 491 "(b) Nothing in this Act shall be construed to prohibit the referral Restrictions. of any applicant to private agencies as long as the applicant is not charged a fee. "SEC. 14. There are authorized to be appropriated such sums as may be necessary to enable the Secretary to provide funds through reimburseable agreements with the States to operate statistical programs which are essential for development of estimates of the gross national product and other national statistical st es, including those related to employment and unemployment. "SEC. 15. This Act may be cited as the 'Wagner-Peyser Act'.". AMENDMENTS TO PART C OF TITLE IV OF THE SOCIAL SECURITY ACT Appropriation authorization. 29 USC 491-1. 29 USC 49 note SEC. 502. (a) Section 432(d) of the Social Security Act is amended to 42 USC 632. read as follows: "(d) In providing the training and employment services and opportunities required by this part, the Secretary of Labor shall, to the maximum extent feasible, assure that such services and opportunities are provided by using all authority available under this or any other Act. In order to assure that the services and opportunities so required are provided, the Secretary of Labor (1) shall assure, when appropriate, that registrants under this part are referred for training and employment services under the Job Training Partnership Act, and (2) may use the funds appropriated under this part to Ante, p. 1322. provide programs required by this part through such other Acts to the same extent and under the same conditions (except as regards the Federal matching percentage) as if appropriated under such other Act and, in making use of the programs of other Federal, State, or local agencies (public or private), the Secretary of Labor may reimburse such agencies for services rendered to individuals under this part to the extent that such services and opportunities are not otherwise available on a nonreimbursable basis.". (b)(1) Section 432(f) of such Act is amended (A) by amending paragraph (1) to read as follows: 42 USC 632. Ante, p. 1322. 42 USC 633. 42 USC 632. 42 USC 633. 95 Stat. 843. 42 USC 602. 95 Stat. 845. 42 USC 602. "(f)(1) The Secretary of Labor shall utilize the services of each private industry council (as established under the Job Training Partnership Act) to identify and provide advice on the types of jobs available or likely to become available in the service delivery area of such council."; (B) by striking out paragraph (2) and redesignating paragraph (3) as paragraph (2); and (C) by striking out "Labor Market Advisory Council" in such paragraph and inserting in lieu thereof "private industry council". (2) Section 433(b)(2) of such Act is amended by striking out "Labor Market Advisory Council (established pursuant to section 432(f))" and inserting in lieu thereof "private industry council under the Job Training Partnership Act". (c)(1) Section 432(b)(1)(A) of such Act is amended by inserting before the comma at the end thereof the following: ", which may include intensive job search services, including participation in group job search activities". (2) Section 433(a) of such Act is amended by striking out "unemployed fathers" and inserting in lieu thereof "unemployed parents who are the principal earners (as defined in section 407)". (3) Section 433 of such Act is amended by adding at the end thereof the following new subsection: "(i) In-planning for activities under this section, the chief executive officer of each State shall make every effort to coordinate such activities with activities provided by the appropriate private industry council and chief elected official or officials under the Job Training Partnership Act.". EARNINGS DISREGARD SEC. 503. (a) Section 402(a)(8)(A) of the Social Security Act is amended (1) by striking out "and" at the end of clause (iii); (2) in clause (iv), by striking out "already disregarded under the preceding provisions of this paragraph" and inserting in lieu thereof "disregarded under any other clause of this subparagraph"; and (3) by adding at the end thereof the following new clause; "(v) may disregard the income of any dependent child applying for or receiving aid to families with dependent children which is derived from a program carried out under the Job Training Partnership Act (as originally enacted), but only in such amounts, and for such period of time (not to exceed six months with respect to earned income) as the Secretary may provide in regulations; and". (b) Section 402(a)(18) of such Act is amended by inserting ", other than paragraph (8)(A)(v)" after "without application of paragraph (8)". 32-647 0-84--16 ENFORCEMENT OF MILITARY SELECTIVE SERVICE ACT SEC. 504. The Secretary shall insure that each individual partici- 29 USC 1504. pating in any program established under this Act, or receiving any assistance or benefit under this Act, 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 in carrying out this section. Approved October 13, 1982. LEGISLATIVE HISTORY-S. 2036 (H.R. 5320) HOUSE REPORTS: No. 97-537 accompanying H.R. 5320 (Comm. on Education and Labor), No. 97-889 (Comm. of Conference). SENATE REPORT No. 97-469 (Comm. on Labor and Human Resources). CONGRESSIONAL RECORD, Vol. 128 (1982): July 1, considered and passed Senate. Aug. 4, H.R. 5320 considered and passed Senate; S. 2036, amended, passed in Sept. 30, Senate agreed to conference report. Oct. 1, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 41 (1982): During hearing on implementation of the Job Training Partnership Act The question was prompted by the fact that the Los Angeles County At the hearing you also asked that we provide you with statistics |