Attachment II - Wagner-Peyser 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.''.