PRINTER'S NO. 3101
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2587
Session of
2022
INTRODUCED BY SCHLEGEL CULVER, PICKETT, KNOWLES, SOLOMON, GROVE
AND MILLARD, MAY 11, 2022
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MAY 11, 2022
AN ACT
Amending the act of December 18, 2001 (P.L.949, No.114),
entitled "An act establishing a unified workforce investment
system; restructuring certain administrative functions,
procedures and entities; transferring workforce development
functions of Commonwealth agencies; establishing the
Pennsylvania Workforce Investment Board; providing for
critical job training grants, for guarantees for program
quality and performance for workforce development programs,
for workforce leadership grants and for industry
partnerships; establishing the Keystone Works Program; and
authorizing local workforce investment boards," in
preliminary provisions, further providing for definitions;
and, in local workforce investment areas and boards, further
providing for plan, functions and responsibilities and
providing for local performance accountability.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 103 of the act of December 18, 2001
(P.L.949, No.114), known as the Workforce Development Act, is
amended by adding definitions to read:
Section 103. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
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"Aggregated statistical form." In the case of information
regarding individuals, a data set that includes information
about no fewer than 10 individuals, and in the case of employer
information, a data set that includes information about no fewer
than three employees, of which no one employer comprises more
than 80% of the aggregated data set.
"Application for benefits." As defined in 34 Pa. Code § 61.1
(relating to definitions).
* * *
"New hire database." The Commonwealth directory of new hires
established under 23 Pa.C.S. § 4392 (relating to employer
reporting).
* * *
Section 2. Section 504(b) of the act is amended by adding a
paragraph to read:
Section 504. Plan, functions and responsibilities.
* * *
(b) Functions and responsibilities.--A local workforce
investment board, in order to develop and implement a unified
workforce investment plan for the investment and utilization of
private and public resources to meet the current and future
workforce investment needs of its region in furtherance of
section 102, has the following functions and responsibilities:
* * *
(9) As follows:
(i) Subject to subparagraph (ii), to receive the new
hire database and unemployment information from the
Department of Labor and Industry and to utilize the
information when developing a local plan, assessing
program eligibility and researching.
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(ii) A local workforce investment board may submit a
request to the Department of Labor and Industry for an
exemption from the responsibility under subparagraph (i).
The request must be in writing and must include an
explanation for the request.
Section 3. The act is amended by adding a section to read:
Section 504.1. Local performance accountability.
(a) Authorization.--Notwithstanding 20 CFR Ch. V Pt. 603
(relating to Federal-State Unemployment Compensation (UC)
Program; confidentiality and disclosure of State UC
information), for purposes of performance accountability and
evaluation, the department shall develop and disseminate
information, including unemployment compensation claimant
information, unemployment compensation wage records and new hire
database information, for use in the performance of official
duties by a local workforce development board and as permitted
in subsection (c).
(b) Disclosure.--Disclosure of unemployment compensation
information, including the application for benefits and
employer's reports of wages paid to employees, shall be made
available to the chief elected official of a local workforce
development board, any other Federal, State or local government
agency and the agents or contractors of a governmental agency or
public official, if the information is to be used as provided in
subsection (c).
(c) Allowable uses of disclosed information.--Allowable uses
of information disclosed under subsection (b) include:
(1) Evaluation of program performance, including
longitudinal outcome analysis of programs funded by public or
private money, or a combination thereof, to the extent
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permitted by Federal law.
(2) Financial or other analysis required by Federal,
State or local law or regulation or federally approved plans.
(3) Preparation of reports required by Federal, State or
local law or regulation or federally approved plans.
(4) Operation of public programs by the agencies and
their agents, contractors and subcontractors, if the
secretary determines that the information sharing is for the
purpose of improving the quality or delivery of program
services or to create operational efficiencies.
(5) Establishment of common case management systems
between Federal, State or local agencies delivering or
supporting workforce services for a shared customer base,
whenever the common case management system is for the purpose
of fostering workforce partnerships, program coordination,
inter-agency collaboration, improving program services or
creating operational efficiencies.
(d) Confidentiality and protection of information.--The
following apply to required confidentiality and protection of
information disclosed under subsection (b) for allowable uses
under subsection (c):
(1) The dissemination, disclosure and use of the
information must be outlined in a written agreement as
required by 20 CFR Ch. V Pt. 603 and in accordance with
subsection (e).
(2) Any redisclosure of information obtained by the
agency or its agent or contractor shall be limited to
tabulation and publication of the information in an
aggregated statistical form, except when the agency and its
agent or contractor or another agency must exchange the
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information for an authorized purpose as provided for in the
written agreement required by 20 CFR Ch. V Pt. 603.
(3) No individual identifying information obtained in
accordance with subsection (c) shall be redisclosed in the
course of the tabulation or publication.
(4) Upon the disclosure of the information under
subsection (b), the information may be used for a specific
period of time as provided for in the written agreement
required by 20 CFR Ch. V Pt. 603, not to exceed a period of
up to 10 years unless the agreement is renewed for additional
periods of time.
(e) Agreement.--The department shall develop a written
agreement, required by subsection (d)(1), with each local
workforce investment board in this Commonwealth. The following
apply:
(1) The agreement shall be on a form prescribed by the
department.
(2) The agreement, at a minimum, shall include:
(i) A description of the specific information to be
furnished and the purposes for which the information is
sought.
(ii) A statement that those who receive information
under the agreement will be limited to those with a need
to access it for purposes listed in the agreement.
(iii) The methods and timing for dissemination and
format of the information. Dissemination of information
shall occur, at a minimum, once per financial quarter.
(iv) A provision for paying the State agency for any
costs of furnishing the information.
(v) A provision for safeguarding the information
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disclosed.
(vi) A provision for inspections of the agency,
entity or contractor to assure the requirements of
Federal law and this section are being met.
(f) Payment for disclosure of requested unemployment
information.--Except as permitted under applicable law or
regulation, or as otherwise authorized by agreement between the
department and the United States Department of Labor, Federal
unemployment insurance grant funds shall not be used to pay for
any of the costs incurred by the department in processing and
handling a request for disclosure of unemployment information
made under this section. The costs shall be calculated,
collected and administered by the department consistent with
applicable Federal rules and guidelines. If the recipient is a
public official, the department may accept payment of costs by
way of reimbursement.
(g) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Department." The Department of Labor and Industry of the
Commonwealth.
"Secretary." The Secretary of Labor and Industry of the
Commonwealth.
Section 4. Nothing in this act shall be construed to
conflict with Federal law.
Section 5. This act shall take effect in six months.
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