Attachment 2 - Workforce Investment Act

Attachment II

WORKFORCE INVESTMENT ACT OF 1998

Public Law 105-220--Aug. 7, 1998 112 Stat. 936

Public Law 105-220

105th Congress

An Act

To consolidate, coordinate, and improve employment, training, literacy,

and vocational rehabilitation programs in the United States, and for

other purposes.

TITLE III--WORKFORCE INVESTMENT-RELATED ACTIVITIES

Subtitle A--Wagner-Peyser Act

SEC. 309. EMPLOYMENT STATISTICS.

The Wagner-Peyser Act is amended--

(1) by redesignating section 15 (29 U.S.C. 49 note) as section

16; and

(2) by inserting after section 14 (29 U.S.C. 49l-1) the

following:

``SEC. 15. EMPLOYMENT STATISTICS.

``(a) System Content.--

``(1) In general.--The Secretary, in accordance with the

provisions of this section, shall oversee the development,

maintenance, and continuous improvement of a nationwide employment

statistics system of employment statistics that includes--

``(A) statistical data from cooperative statistical survey

and projection programs and data from administrative reporting

systems that, taken together, enumerate, estimate, and project

employment opportunities and conditions at national, State, and

local levels in a timely manner, including statistics on--

``(i) employment and unemployment status of national,

State, and local populations, including self-employed,

part-time, and seasonal workers;

``(ii) industrial distribution of occupations, as well

as current and projected employment opportunities, wages,

benefits (where data is available), and skill trends by

occupation and industry, with particular attention paid to

State and local conditions;

``(iii) the incidence of, industrial and geographical

location of, and number of workers displaced by, permanent

layoffs and plant closings; and

``(iv) employment and earnings information maintained

in a longitudinal manner to be used for research and

program evaluation;

``(B) information on State and local employment

opportunities, and other appropriate statistical data related

to labor market dynamics, which--

``(i) shall be current and comprehensive;

``(ii) shall meet the needs identified through the

consultations described in subparagraphs (A) and (B) of

subsection (e)(2); and

``(iii) shall meet the needs for the information

identified in section 134(d);

``(C) technical standards (which the Secretary shall

publish annually) for data and information described in

subparagraphs (A) and (B) that, at a minimum, meet the criteria

of chapter 35 of title 44, United States Code;

``(D) procedures to ensure compatibility and additivity of

the data and information described in subparagraphs (A) and (B)

from national, State, and local levels;

``(E) procedures to support standardization and aggregation

of data from administrative reporting systems described in

subparagraph (A) of employment-related programs;

``(F) analysis of data and information described in

subparagraphs (A) and (B) for uses such as--

``(i) national, State, and local policymaking;

``(ii) implementation of Federal policies (including

allocation formulas);

``(iii) program planning and evaluation; and

``(iv) researching labor market dynamics;

``(G) wide dissemination of such data, information, and

analysis in a user-friendly manner and voluntary technical

standards for dissemination mechanisms; and

``(H) programs of--

``(i) training for effective data dissemination;

``(ii) research and demonstration; and

``(iii) programs and technical assistance.

``(2) Information to be confidential.--

``(A) In general.--No officer or employee of the Federal

Government or agent of the Federal Government may--

``(i) use any submission that is furnished for

exclusively statistical purposes under the provisions of

this section for any purpose other than the statistical

purposes of this section for which the submission is

furnished;

``(ii) make any publication or media transmittal of the

data contained in the submission described in clause (i)

that permits information concerning individual subjects to

be reasonably inferred by either direct or indirect means;

or

``(iii) permit anyone other than a sworn officer,

employee, or agent of any Federal department or agency, or

a contractor (including an employee of a contractor) of

such department or agency, to examine an individual

submission described in clause (i);

without the consent of the individual, agency, or other person

who is the subject of the submission or provides that

submission.

``(B) Immunity from legal process.--Any submission

(including any data derived from the submission) that is

collected and retained by a Federal department or agency, or an

officer, employee, agent, or contractor of such a department or

agency, for exclusively statistical purposes under this section

shall be immune from the legal process and shall not, without

the consent of the individual, agency, or other person who is

the subject of the submission or provides that submission, be

admitted as evidence or used for any purpose in any action,

suit, or other judicial or administrative proceeding.

``(C) Rule of construction.--Nothing in this section shall

be construed to provide immunity from the legal process for

such submission (including any data derived from the

submission) if the submission is in the possession of any

person, agency, or entity other than the Federal Government or

an officer, employee, agent, or contractor of the Federal

Government, or if the submission is independently collected,

retained, or produced for purposes other than the purposes of

this Act.

``(b) System Responsibilities.--

``(1) In general.--The employment statistics system described

in subsection (a) shall be planned, administered, overseen, and

evaluated through a cooperative governance structure involving the

Federal Government and States.

``(2) Duties.--The Secretary, with respect to data collection,

analysis, and dissemination of labor employment statistics for the

system, shall carry out the following duties:

``(A) Assign responsibilities within the Department of

Labor for elements of the employment statistics system

described in subsection (a) to ensure that all statistical and

administrative data collected is consistent with appropriate

Bureau of Labor Statistics standards and definitions.

``(B) Actively seek the cooperation of other Federal

agencies to establish and maintain mechanisms for ensuring

complementarity and nonduplication in the development and

operation of statistical and administrative data collection

activities.

``(C) Eliminate gaps and duplication in statistical

undertakings, with the systemization of wage surveys as an

early priority.

``(D) In collaboration with the Bureau of Labor Statistics

and States, develop and maintain the elements of the employment

statistics system described in subsection (a), including the

development of consistent procedures and definitions for use by

the States in collecting the data and information described in

subparagraphs (A) and (B) of subsection (a)(1).

``(E) Establish procedures for the system to ensure that--

``(i) such data and information are timely;

``(ii) paperwork and reporting for the system are

reduced to a minimum; and

``(iii) States and localities are fully involved in the

development and continuous improvement of the system at all

levels, including ensuring the provision, to such States

and localities, of budget information necessary for

carrying out their responsibilities under subsection (e).

``(c) Annual Plan.--The Secretary, working through the Bureau of

Labor Statistics, and in cooperation with the States, and with the

assistance of other appropriate Federal agencies, shall prepare an

annual plan which shall be the mechanism for achieving cooperative

management of the nationwide employment statistics system described in

subsection (a) and the statewide employment statistics systems that

comprise the nationwide system. The plan shall--

``(1) describe the steps the Secretary has taken in the

preceding year and will take in the following 5 years to carry out

the duties described in subsection (b)(2);

``(2) include a report on the results of an annual consumer

satisfaction review concerning the performance of the system,

including the performance of the system in addressing the needs of

Congress, States, localities, employers, jobseekers, and other

consumers;

``(3) evaluate the performance of the system and recommend

needed improvements, taking into consideration the results of the

consumer satisfaction review, with particular attention to the

improvements needed at the State and local levels;

``(4) justify the budget request for annual appropriations by

describing priorities for the fiscal year succeeding the fiscal

year in which the plan is developed and priorities for the 5

subsequent fiscal years for the system;

``(5) describe current (as of the date of the submission of the

plan) spending and spending needs to carry out activities under

this section, including the costs to States and localities of

meeting the requirements of subsection (e)(2); and

``(6) describe the involvement of States in the development of

the plan, through formal consultations conducted by the Secretary

in cooperation with representatives of the Governors of every

State, and with representatives of local workforce investment

boards, pursuant to a process established by the Secretary in

cooperation with the States.

``(d) Coordination With the States.--The Secretary, working through

the Bureau of Labor Statistics, and in cooperation with the States,

shall--

``(1) develop the annual plan described in subsection (c) and

address other employment statistics issues by holding formal

consultations, at least once each quarter (beginning with the

calendar quarter in which the Workforce Investment Act of 1998 is

enacted) on the products and administration of the nationwide

employment statistics system; and

``(2) hold the consultations with representatives from each of

the 10 Federal regions of the Department of Labor, elected

(pursuant to a process established by the Secretary) by and from

the State employment statistics directors affiliated with the State

agencies that perform the duties described in subsection (e)(2).

``(e) State Responsibilities.--

``(1) Designation of state agency.--In order to receive Federal

financial assistance under this section, the Governor of a State shall--

``(A) designate a single State agency to be responsible for

the management of the portions of the employment statistics

system described in subsection (a) that comprise a statewide

employment statistics system and for the State's participation

in the development of the annual plan; and

``(B) establish a process for the oversight of such system.

``(2) Duties.--In order to receive Federal financial assistance

under this section, the State agency shall--

``(A) consult with State and local employers, participants,

and local workforce investment boards about the labor market

relevance of the data to be collected and disseminated through

the statewide employment statistics system;

``(B) consult with State educational agencies and local

educational agencies concerning the provision of employment

statistics in order to meet the needs of secondary school and

postsecondary school students who seek such information;

``(C) collect and disseminate for the system, on behalf of

the State and localities in the State, the information and data

described in subparagraphs (A) and (B) of subsection (a)(1);

``(D) maintain and continuously improve the statewide

employment statistics system in accordance with this section;

``(E) perform contract and grant responsibilities for data

collection, analysis, and dissemination for such system;

``(F) conduct such other data collection, analysis, and

dissemination activities as will ensure an effective statewide

employment statistics system;

``(G) actively seek the participation of other State and

local agencies in data collection, analysis, and dissemination

activities in order to ensure complementary, compatibility, and

usefulness of data;

``(H) participate in the development of the annual plan

described in subsection (c); and

``(I) utilize the quarterly records described in section

136(f)(2) of the Workforce Investment Act of 1998 to assist the

State and other States in measuring State progress on State

performance measures.

``(3) Rule of construction.--Nothing in this section shall be

construed as limiting the ability of a State agency to conduct additional

data collection, analysis, and dissemination activities with State

funds or with Federal funds from sources other than this section.

``(f) Nonduplication Requirement.--None of the functions and

activities carried out pursuant to this section shall duplicate the

functions and activities carried out under the Carl D. Perkins

Vocational and Applied Technology Education Act (20 U.S.C. 2301 et seq.).

``(g) Authorization of Appropriations.--There are authorized to be

appropriated to carry out this section such sums as may be necessary

for each of the fiscal years 1999 through 2004.

``(h) Definition.--In this section, the term `local area' means the

smallest geographical area for which data can be produced with

statistical reliability.''.