Sec. 301. Amendments to the Wagner-Peyser Act
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The Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ) is amended by amending section 15 to read as follows: The Secretary of Labor, in accordance with the provisions of this section, shall oversee the development, maintenance, and continuous improvement of a nationwide workforce and labor market information system that includes— 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— employment and unemployment status of national, State, and local populations, including self-employed, part-time, and seasonal workers; 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; the incidence of, industrial and geographical location of, and number of workers displaced by, permanent layoffs and plant closings; and employment and earnings information maintained in a longitudinal manner to be used for research and program evaluation; information on State and local employment opportunities, and other appropriate statistical data related to labor market dynamics, which— shall be current and comprehensive; shall meet the needs identified through the consultations described in subparagraphs
(A)and
(B)of subsection (e)(2); and shall meet the needs for the information identified in section 121; 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; procedures to ensure compatibility and additivity of the data and information described in subparagraphs
(A)and
(B)from national, State, and local levels; procedures to support standardization and aggregation of data from administrative reporting systems described in subparagraph
(A)of employment-related programs; analysis of data and information described in subparagraphs
(A)and
(B)for uses such as— national, State, and local policymaking; implementation of Federal policies (including allocation formulas); program planning and evaluation; and researching labor market dynamics; wide dissemination of such data, information, and analysis in a user-friendly manner and voluntary technical standards for dissemination mechanisms; and programs of— training for effective data dissemination; research and demonstration; and programs and technical assistance. No officer or employee of the Federal Government or agent of the Federal Government may— use any submission that is furnished for exclusively statistical purposes under the provisions of this section for any purpose other than the statistical purposes for which the submission is furnished; disclose to the public any publication or media transmittal of the data contained in the submission described in clause
(i)that permits information concerning an individual subject to be reasonably inferred by either direct or indirect means; or 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. 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. 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. The workforce and labor market information system described in subsection
(a)shall be planned, administered, overseen, and evaluated through a cooperative governance structure involving the Federal Government and States. The Secretary, with respect to data collection, analysis, and dissemination of workforce and labor market information for the system, shall carry out the following duties: Assign responsibilities within the Department of Labor for elements of the workforce and labor market information 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. 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. Eliminate gaps and duplication in statistical undertakings, with the systemization of wage surveys as an early priority. In collaboration with the Bureau of Labor Statistics and States, develop and maintain the elements of the workforce and labor market information 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). Establish procedures for the system to ensure that— such data and information are timely; paperwork and reporting for the system are reduced to a minimum; and States and localities are fully involved in the development and continuous improvement of the system at all levels. The Secretary is authorized to assist in the development of national electronic tools that may be used to facilitate the delivery of work ready services described in section 134(c)(2) and to provide workforce information to individuals through the one-stop delivery systems described in section 121 and through other appropriate delivery systems. The Secretary, working through the Bureau of Labor Statistics and the Employment and Training Administration, shall regularly consult with representatives of State agencies carrying out workforce information activities regarding strategies for improving the workforce and labor market information system. At least twice each year, the Secretary, working through the Bureau of Labor Statistics, shall conduct formal consultations regarding programs carried out by the Bureau of Labor Statistics with representatives of each of the Federal regions of the Bureau of Labor Statistics, elected (pursuant to a process established by the Secretary) from the State directors affiliated with State agencies that perform the duties described in subsection (e)(2). In order to receive Federal financial assistance under this section, the Governor of a State shall— be responsible for the management of the portions of the workforce and labor market information system described in subsection
(a)that comprise a statewide workforce and labor market information system and for the State’s participation in the development of the annual plan; establish a process for the oversight of such system; 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 workforce and labor market information system; 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; 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); maintain and continuously improve the statewide workforce and labor market information system in accordance with this section; perform contract and grant responsibilities for data collection, analysis, and dissemination for such system; conduct such other data collection, analysis, and dissemination activities as will ensure an effective statewide workforce and labor market information system; actively seek the participation of other State and local agencies in data collection, analysis, and dissemination activities in order to ensure complementarity, compatibility, and usefulness of data; participate in the development of the annual plan described in subsection (c); and utilize the quarterly records described in section 136(f)(2) to assist the State and other States in measuring State progress on State performance measures. Nothing in this section shall be construed as limiting the ability of a Governor to conduct additional data collection, analysis, and dissemination activities with State funds or with Federal funds from sources other than this section. 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 Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.). There are authorized to be appropriated to carry out this section $63,473,000 for fiscal year 2014 and each of the 6 succeeding fiscal years. In this section, the term local area means the smallest geographical area for which data can be produced with statistical reliability. .
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