
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 29USC49l-2]

 
                             TITLE 29--LABOR
 
                 CHAPTER 4B--FEDERAL EMPLOYMENT SERVICE
 
Sec. 49l-2. 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) of this section; and
                (iii) shall meet the needs for the information 
            identified in section 134(d); \1\
---------------------------------------------------------------------------
    \1\ See References in Text note below.

            (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;
            (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 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 chapter.

(b) System responsibilities

                           (1) In general

        The employment statistics system described in subsection (a) of 
    this section 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) of this section 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) of this section, 
        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) of this section.
            (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) of this section.

(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) of this section 
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) of this section;
        (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) of this section; 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) of this 
    section 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) of this 
    section.

(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) of this section 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) of 
        this section;
            (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 complementarity, compatibility, 
        and usefulness of data;
            (H) participate in the development of the annual plan 
        described in subsection (c) of this section; and
            (I) utilize the quarterly records described in section 
        136(f)(2) of the Workforce Investment Act of 1998 [29 U.S.C. 
        2871(f)(2)] 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) ``Local area'' defined

    In this section, the term ``local area'' means the smallest 
geographical area for which data can be produced with statistical 
reliability.

(June 6, 1933, ch. 49, Sec. 15, as added Pub. L. 105-220, title III, 
Sec. 309(2), Aug. 7, 1998, 112 Stat. 1082; amended Pub. L. 105-277, div. 
A, Sec. 101(f) [title VIII, Sec. 403(a)(1)], Oct. 21, 1998, 112 Stat. 
2681-337, 2681-416; Pub. L. 105-332, Sec. 5(b)(1), Oct. 31, 1998, 112 
Stat. 3127.)

                       References in Text

    Section 134(d), referred to in subsec. (a)(1)(B)(iii), probably 
means section 134(d) of the Workforce Investment Act of 1998, Pub. L. 
105-220, which is classified to section 2864(d) of this title. The 
Wagner-Peyser Act, of which this section is a part, does not contain a 
section 134.
    The Workforce Investment Act of 1998, referred to in subsec. (d)(1), 
is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as amended. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 9201 of Title 20, Education, and Tables.
    The Carl D. Perkins Vocational and Applied Technology Education Act, 
referred to in subsec. (f), was Pub. L. 88-210, Dec. 18, 1963, 77 Stat. 
403, as amended, which was classified generally to chapter 44 (Sec. 2301 
et seq.) of Title 20, Education, prior to being amended generally and 
renamed the Carl D. Perkins Vocational and Technical Education Act of 
1998 by Pub. L. 105-332, Sec. 1(b), Oct. 31, 1998, 112 Stat. 3076. For 
complete classification of Pub. L. 88-210 to the Code, see Short Title 
note set out under section 2301 of Title 20 and Tables.


                            Prior Provisions

    A prior section 15 of act of June 6, 1933, was renumbered section 
16, and is set out as a Short Title note under section 49 of this title.


                               Amendments

    1998--Subsec. (a)(2)(A)(i). Pub. L. 105-332, Sec. 5(b)(1)(A), 
substituted ``under the provisions of this section for any purpose other 
than the statistical purposes for which'' for ``under the provisions of 
this section for any purpose other than the statistical purposes for 
which''.
    Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 403(a)(1)(A)], struck 
out ``of this section'' after ``statistical purposes''.
    Subsec. (e)(2)(G). Pub. L. 105-277, Sec. 101(f) [title VIII, 
Sec. 403(a)(1)(B)], and Pub. L. 105-332, Sec. 5(b)(1)(B), amended 
subpar. (G) identically, substituting ``complementarity'' for 
``complementary''.


                    Effective Date of 1998 Amendments

    Pub. L. 105-332, Sec. 5(b)(2), Oct. 31, 1998, 112 Stat. 3127, 
provided that: ``The amendments made by paragraph (1) [amending this 
section] take effect July 2, 1999.''
    Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 403(a)(2)], 
Oct. 21, 1998, 112 Stat. 2681-337, 2681-416, provided that: ``The 
amendments made by paragraph (1) [amending this section] take effect on 
July 2, 1999.''


                             Effective Date

    Section effective July 1, 1999, see section 311 of Pub. L. 105-220, 
set out as an Effective Date of 1998 Amendment note under section 49a of 
this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 751, 2821, 2832, 2864 of 
this title; title 20 section 2328.
