29 U.S.C. § 3341 — Privacy

Page 961 TITLE 29—LABOR § 3341 (III) workplace adult education and lit- eracy activities; and (IV) postsecondary education and training transition programs; (D) providing for the conduct of an inde- pendent evaluation and assessment of adult education and literacy activities through grants and contracts awarded on a competi- tive basis, which shall include descriptions of— (i) the effect of performance account- ability measures and other measures of ac- countability on the delivery of adult edu- cation and literacy activities; (ii) the extent to which the adult edu- cation and literacy activities increase the literacy skills of eligible individuals, lead to involvement in education and training, enhance the employment and earnings of such participants, and, if applicable, lead to other positive outcomes, such as success in re-entry and reductions in recidivism in the case of prison-based adult education and literacy activities; (iii) the extent to which the provision of support services to eligible individuals en- rolled in adult education and literacy ac- tivities increase the rate of enrollment in, and successful completion of, such pro- grams; and (iv) the extent to which different types of providers measurably improve the skills of eligible individuals in adult education and literacy activities; (E) collecting data, such as data regarding the improvement of both local and State data systems, through technical assistance and development of model performance data collection systems; (F) determining how participation in adult education and literacy activities prepares el- igible individuals for entry into postsec- ondary education and employment and, in the case of programs carried out in correc- tional institutions, has an effect on recidi- vism; and (G) other activities designed to enhance the quality of adult education and literacy activities nationwide. (Pub. L. 113–128, title II, § 242, July 22, 2014, 128 Stat. 1621.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first full pro- gram year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title. § 3333. Integrated English literacy and civics education (a) In general From funds made available under section 3291(a)(2) of this title for each fiscal year, the Secretary shall award grants to States, from al- lotments under subsection (b), for integrated English literacy and civics education, in com- bination with integrated education and training activities. (b) Allotment (1) In general Subject to paragraph (2), from amounts made available under section 3291(a)(2) of this title for a fiscal year, the Secretary shall allo- cate— (A) 65 percent to the States on the basis of a State’s need for integrated English lit- eracy and civics education, as determined by calculating each State’s share of a 10-year average of the data of the Office of Immigra- tion Statistics of the Department of Home- land Security for immigrants admitted for legal permanent residence for the 10 most re- cent years; and (B) 35 percent to the States on the basis of whether the State experienced growth, as measured by the average of the 3 most re- cent years for which the data of the Office of Immigration Statistics of the Department of Homeland Security for immigrants admitted for legal permanent residence are available. (2) Minimum No State shall receive an allotment under paragraph (1) in an amount that is less than $60,000. (c) Goal Each program that receives funding under this section shall be designed to— (1) prepare adults who are English language learners for, and place such adults in, unsub- sidized employment in in-demand industries and occupations that lead to economic self- sufficiency; and (2) integrate with the local workforce devel- opment system and its functions to carry out the activities of the program. (d) Report The Secretary shall prepare and submit to the Committee on Education and the Workforce of the House of Representatives, and the Com- mittee on Health, Education, Labor, and Pen- sions of the Senate and make available to the public, a report on the activities carried out under this section. (Pub. L. 113–128, title II, § 243, July 22, 2014, 128 Stat. 1623.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first full pro- gram year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title. SUBCHAPTER III—GENERAL PROVISIONS PART A—WORKFORCE INVESTMENT § 3341. Privacy (a) Section 1232g of title 20 Nothing in this Act (including the amend- ments made by this Act) shall be construed to supersede the privacy protections afforded par- ents and students under section 1232g of title 20. Page 962 TITLE 29—LABOR § 3342 (b) Prohibition on development of national data- base (1) In general Nothing in this Act (including the amend- ments made by this Act) shall be construed to permit the development of a national database of personally identifiable information on indi- viduals receiving services under subchapter I or under the amendments made by title IV. (2) Limitation Nothing in paragraph (1) shall be construed to prevent the proper administration of na- tional programs under parts C and D of sub- chapter I, or the amendments made by title IV (as the case may be), or to carry out program management activities consistent with sub- chapter I or the amendments made by title IV (as the case may be). (Pub. L. 113–128, title V, § 501, July 22, 2014, 128 Stat. 1700.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (a) and (b)(1), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, known as the Workforce Innovation and Opportunity Act, which en- acted this chapter, repealed chapter 30 (§ 2801 et seq.) of this title and chapter 73 (§ 9201 et seq.) of Title 20, Edu- cation, and made amendments to numerous other sec- tions and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. The amendments made by title IV, referred to in sub- sec. (b), mean the amendments made by title IV of Pub. L. 113–128, which primarily amended the Rehabilitation Act of 1973, Pub. L. 93–112, which is classified generally to chapter 16 (§ 701 et seq.) of this title. For complete classification of title IV of Pub. L. 113–128 to the Code, see Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first full pro- gram year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title. § 3342. Buy-American requirements (a) Compliance with Buy American Act None of the funds made available under sub- chapter I or II or under the Wagner-Peyser Act (29 U.S.C. 49 et seq.) may be expended by an enti- ty unless the entity agrees that in expending the funds the entity will comply with sections 8301 through 8303 of title 41 (commonly known as the ‘‘Buy American Act’’). (b) Sense of Congress; requirement regarding no- tice (1) Purchase of American-made equipment and products In the case of any equipment or product that may be authorized to be purchased with finan- cial assistance provided using funds made available under subchapter I or II or under the Wagner-Peyser Act (29 U.S.C. 49 et seq.), it is the sense of Congress that entities receiving the assistance should, in expending the assist- ance, purchase only American-made equip- ment and products. (2) Notice to recipients of assistance In providing financial assistance using funds made available under subchapter I or II or under the Wagner-Peyser Act, the head of each Federal agency shall provide to each recipient of the assistance a notice describing the state- ment made in paragraph (1) by Congress. (c) Prohibition of contracts with persons falsely labeling products as Made in America If it has been finally determined by a court or Federal agency that any person intentionally af- fixed a label bearing a ‘‘Made in America’’ in- scription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, the person shall be ineligible to receive any contract or subcontract made with funds made available under subchapter I or II or under the Wagner-Peyser Act (29 U.S.C. 49 et seq.), pur- suant to the debarment, suspension, and ineligi- bility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regula- tions, as such sections were in effect on August 7, 1998, or pursuant to any successor regulations. (Pub. L. 113–128, title V, § 502, July 22, 2014, 128 Stat. 1700.) Editorial Notes REFERENCES IN TEXT The Wagner-Peyser Act, referred to in text, is act June 6, 1933, ch. 49, 48 Stat. 113, which is classified gen- erally to chapter 4B (§ 49 et seq.) of this title. For com- plete classification of this Act to the Code, see Short Title note set out under section 49 of this title and Ta- bles. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first full pro- gram year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title. § 3343. Transition provisions (a) Workforce development systems and invest- ment activities The Secretary of Labor and the Secretary of Education shall take such actions as the Secre- taries determine to be appropriate to provide for the orderly transition from any authority under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.) to any authority under part A of subchapter I. Such actions shall include the pro- vision of guidance related to unified State plan- ning, combined State planning, and the perform- ance accountability system described in such part. (b) Workforce investment activities The Secretary of Labor shall take such ac- tions as the Secretary determines to be appro- priate to provide for the orderly transition from any authority under the Workforce Investment Act of 1998 to any authority under parts B through E of subchapter I. (c) Adult education and literacy programs The Secretary of Education shall take such actions as the Secretary determines to be appro-