US (United States) Code. Title 29. Chapter 4B: Federal Employment Service

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Labor

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-CITE-

29 USC CHAPTER 4B - FEDERAL EMPLOYMENT SERVICE 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 4B - FEDERAL EMPLOYMENT SERVICE

-HEAD-

CHAPTER 4B - FEDERAL EMPLOYMENT SERVICE

-MISC1-

Sec.

49. United States Employment Service established.

49a. Definitions.

49b. Duties of Secretary.

(a) Assistance to State public employment services.

(b) Provision of unemployment compensation

information.

(c) Public labor exchange services.

49c. Acceptance by States; creation of State agencies.

49c-1. Transfer to States of property used by United States

Employment Service.

49c-2 to 49c-5. Omitted, Repealed, or Transferred.

49d. Appropriations; certification for payment to States.

(a) Authorization of appropriations.

(b) Certification for payment to States.

(c) Availability of appropriations.

49d-1. Omitted.

49e. Allotment of funds.

49f. Percentage disposition of allotted funds.

(a) Use of 90 percent of funds allotted.

(b) Use of 10 percent of funds allotted.

(c) Joint funding.

(d) Performance of services and activities under

contract.

(e) Provision of services as part of one-stop

delivery system.

49g. State plans.

(a) Submission to Secretary.

(b) Contents of plans.

(c) Information on coordination of workforce

investment activities and one-stop delivery

system development.

(d) Approval by Secretary.

49h. Fiscal controls and accounting procedures.

(a) Audit.

(b) Evaluations by Comptroller General.

(c) Repayment of funds by State.

49i. Recordkeeping and accountability.

(a) Records.

(b) Investigations.

(c) Reports.

49j. Notice of strikes and lockouts to applicants.

49k. Rules and regulations.

49l. Miscellaneous operating authorities.

49l-1. Authorization of appropriations.

49l-2. Employment statistics.

(a) System content.

(b) System responsibilities.

(c) Annual plan.

(d) Coordination with the States.

(e) State responsibilities.

(f) Nonduplication requirement.

(g) Authorization of appropriations.

(h) "Local area" defined.

49m, 49n. Omitted.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1811, 2822, 2841, 2864,

2943 of this title; title 20 sections 2308, 2328, 2411, 9271; title

26 section 51; title 38 sections 4101, 4102A, 4104; title 39

section 3202; title 42 sections 1101, 4728.

-End-

-CITE-

29 USC Sec. 49 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 4B - FEDERAL EMPLOYMENT SERVICE

-HEAD-

Sec. 49. United States Employment Service established

-STATUTE-

In order to promote the establishment and maintenance of a

national system of public employment offices, the United States

Employment Service shall be established and maintained within the

Department of Labor.

-SOURCE-

(June 6, 1933, ch. 49, Sec. 1, 48 Stat. 113; Pub. L. 97-300, title

VI, Sec. 601(a), formerly title V, Sec. 501(a), Oct. 13, 1982, 96

Stat. 1392; renumbered title VI, Sec. 601(a), Pub. L. 100-628,

title VII, Sec. 712(a)(1), (2), Nov. 7, 1988, 102 Stat. 3248.)

-MISC1-

AMENDMENTS

1982 - Pub. L. 97-300 substituted "the United States Employment

Service shall be established and maintained within the Department

of Labor" for "there is created in the Department of Labor a bureau

to be known as the United States Employment Service".

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-300 effective Oct. 1, 1983, but with

Secretary authorized to use funds appropriated for fiscal 1983 to

plan for orderly implementation of amendment, see section 181(i) of

Pub. L. 97-300, which was formerly classified to section 1591(i) of

this title.

SHORT TITLE

Act June 6, 1933, ch. 49, Sec. 16, formerly Sec. 15, as added by

Pub. L. 97-300, title VI, Sec. 601(h), formerly title V, Sec.

501(h), Oct. 13, 1982, 96 Stat. 1397; renumbered title VI, Sec.

601(h), Pub. L. 100-628, title VII, Sec. 712(a)(1), (2), Nov. 7,

1988, 102 Stat. 3248; renumbered Sec. 16, Pub. L. 105-220, title

III, Sec. 309(1), Aug. 7, 1998, 112 Stat. 1082, provided that:

"This Act [enacting this chapter] may be cited as the

'Wagner-Peyser Act'."

-TRANS-

TRANSFER OF FUNCTIONS

Functions, powers, and duties of Secretary of Labor under this

chapter, insofar as relates to prescription of personnel standards

on a merit basis, transferred to Office of Personnel Management,

see section 4728(a)(2)(A) of Title 42, The Public Health and

Welfare.

Functions of all other officers of Department of Labor and

functions of all agencies and employees of that Department were,

with exception of functions vested by Administrative Procedure Act

(see sections 551 et seq. and 701 et seq. of Title 5, Government

Organization and Employees) in hearing examiners employed by such

Department, transferred to Secretary of Labor, with power vested in

him to authorize their performance or performance of any of his

functions by any of those officers, agencies, and employees, by

Reorg. Plan No. 6 of 1950, Secs. 1, 2, 15 F.R. 3174, 64 Stat. 1263,

set out in the Appendix to Title 5.

United States Employment Service transferred to Department of

Labor, functions of Federal Security Administrator with respect to

employment services, and Bureau of Employment Security transferred

to Secretary of Labor by Reorg. Plan No. 2 of 1949, Sec. 1, eff.

Aug. 20, 1949, 14 F.R. 5225, 63 Stat. 1065, set out in the Appendix

to Title 5.

Section 1 of Reorg. Plan No. 2 of 1949, also provided that

functions transferred by this section shall be performed by

Secretary of Labor or, subject to his direction and control, by

such officers, agencies, and employees of Department of Labor as he

shall designate.

Act June 16, 1948, ch. 472, title I, 62 Stat. 446, provided in

part that: "Effective July 1, 1948, the United States Employment

Service, including its functions under title IV of the Servicemen's

Readjustment Act of 1944, is transferred to the Federal Security

Agency, and on and after such date the functions of the Secretary

of Labor with respect to the United States Employment Service are

transferred to the Federal Security Administrator and shall be

performed by him or, under his direction and control, by such

officers and employees of the Federal Security Agency as he may

designate. There are transferred to the Federal Security Agency,

for use in connection with the functions transferred by the

provisions of this paragraph, the personnel, property, and records

of the Department of Labor related to the United States Employment

Service, and the balances of such prior appropriations,

allocations, and other funds available to the United States

Employment Service as the Director of the Bureau of the Budget may

determine. The provisions of section 9 of the Reorganization Act of

1945 (Public Law 263, Seventy-ninth Congress) shall apply to the

transfer effected by this paragraph in like manner as if such

transfer were a reorganization of the agencies and functions

concerned under the provisions of that Act."

United States Employment Service and all functions of Social

Security Board in Federal Security Agency relating to employment

service transferred to War Manpower Commission by Ex. Ord. No.

9247, Sept. 17, 1942, 7 F.R. 7379. That Commission was terminated

by Ex. Ord. No. 9617, Sept. 19, 1945, 10 F.R. 11929, and the United

States Employment Service transferred to the Department of Labor.

Reorg. Plan No. I of 1939, Sec. 201, eff. July 1, 1939, 4 F.R.

2728, 53 Stat. 1424, set out in the Appendix to Title 5, Government

Organization and Employees, consolidated United States Employment

Service in Department of Labor and its functions and personnel,

with other offices and agencies, under one agency to be known as

Federal Security Agency with a Federal Security Administrator at

head thereof.

Section 203 of Reorg. Plan No. I of 1939, provided that functions

of United States Employment Service should be consolidated with

unemployment compensation functions of Social Security Board and

should be administered in Social Security Board in connection with

unemployment compensation functions under direction and supervision

of Federal Security Administrator.

Section 203 of Reorg. Plan No. I of 1939, further, abolished

office of Director of United States Employment Service and

transferred all functions of that office to Social Security Board,

to be exercised by Board, and provided that functions of Secretary

of Labor relating to administration of United States Employment

Service should be transferred to, and exercised by, Federal

Security Administrator.

-MISC2-

ADMINISTRATION OF MANPOWER IN DISTRICT OF COLUMBIA

Pub. L. 93-198, title II, Sec. 204(a), Dec. 24, 1973, 87 Stat.

783, provided that: "All functions of the Secretary of Labor

(hereafter in this section referred to as the Secretary) under

section 3 of the Act [section 49b of this title] entitled 'An Act

to provide for the establishment of a national employment system

and for cooperation with the States in the promotion of such

system, and for other purposes', approved June 6, 1933 (29 U.S.C.

49-49k), with respect to the maintenance of a public employment

service for the District [of Columbia], are transferred [effective

July 1, 1974] to the Commissioner [of the District of Columbia

established under Reorg. Plan No. 3 of 1967 (now the Mayor)]. After

the effective date of this transfer [July 1, 1974], the Secretary

shall maintain with the District the same relationship with respect

to a public employment service in the District, including the

financing of such service, as he has with the States (with respect

to a public employment service in the States) generally."

RECRUITMENT AND DISTRIBUTION OF FARM LABOR

Act July 3, 1948, ch. 823, Sec. 1, 62 Stat. 1238, authorized the

Federal Security Administrator to recruit foreign workers within

the Western Hemisphere and workers in Puerto Rico for temporary

agricultural employment in the continental United States and to

direct, supervise, coordinate, and provide for the transportation

of those workers from such places of recruitment to and between

places of employment within the continental United States and

return to the places of recruitment not later than June 30, 1949.

Section 2 of act July 3, 1948, appropriated $2,500,000, for

fiscal year ending June 30, 1949, to carry out the purposes of

section 1 of act July 3, 1948.

FARM PLACEMENT SERVICE

Act Apr. 28, 1947, ch. 43, Sec. 2, 61 Stat. 55, provided:

"(a) The provisions of the Farm Labor Supply Appropriation Act,

1944 (Public Law 229, Seventy-eighth Congress, second session,

title I [sections 1351 to 1355 of Appendix to Title 50, War and

National Defense]), as amended and supplemented, and as extended by

this Act, shall not be construed to limit or interfere with any of

the functions of the United States Employment Service or State

public employment services with respect to maintaining a farm

placement service as authorized under the Act of June 6, 1933 (48

Stat. 113) [this chapter].

"(b) The Secretary of Agriculture and the Secretary of Labor

shall take such action as may be necessary to assure maximum

cooperation between the agricultural extension services of the

land-grant colleges and the State public employment agencies in the

recruitment and placement of domestic farm labor and in the keeping

of such records and information with respect thereto as may be

necessary for the proper and efficient administration of the State

unemployment compensation laws and of title V of the Servicemen's

Readjustment Act of 1944, as amended (58 Stat. 295)."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 39 section 3202; title 42

section 655a.

-End-

-CITE-

29 USC Sec. 49a 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 4B - FEDERAL EMPLOYMENT SERVICE

-HEAD-

Sec. 49a. Definitions

-STATUTE-

For purposes of this chapter -

(1) the term "chief elected official" has the same meaning

given that term under the Workforce Investment Act of 1998;

(2) the term "local workforce investment board" means a local

workforce investment board established under section 117 of the

Workforce Investment Act of 1998 [29 U.S.C. 2832];

(3) the term "one-stop delivery system" means a one-stop

delivery system described in section 134(c) of the Workforce

Investment Act of 1998 [29 U.S.C. 2864(c)];

(4) the term "Secretary" means the Secretary of Labor; and

(5) the term "State" means any of the several States, the

District of Columbia, the Commonwealth of Puerto Rico, Guam, and

the Virgin Islands.

-SOURCE-

(June 6, 1933, ch. 49, Sec. 2, 48 Stat. 114; Pub. L. 97-300, title

VI, Sec. 601(a), formerly title V, Sec. 501(a), Oct. 13, 1982, 96

Stat. 1392; renumbered title VI, Sec. 601(a), Pub. L. 100-628,

title VII, Sec. 712(a)(1), (2), Nov. 7, 1988, 102 Stat. 3248; Pub.

L. 105-220, title III, Sec. 301, Aug. 7, 1998, 112 Stat. 1080.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning act June 6, 1933, ch. 49, 48 Stat. 113, as amended,

which was classified to this chapter and section 338 of former

Title 39, The Postal Service. Section 338 of former title 39 was

repealed and reenacted as section 4152 of former Title 39, The

Postal Service, by Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 578.

Section 4152 of former title 39 was repealed and reenacted as

section 3202 of Title 39, Postal Service, by Pub. L. 91-375, Aug.

12, 1970, 84 Stat. 719.

The Workforce Investment Act of 1998, referred to in par. (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.

-MISC1-

AMENDMENTS

1998 - Par. (1). Pub. L. 105-220, Sec. 301(1), struck out "or

officials" after "elected official" and substituted "Workforce

Investment Act of 1998" for "Job Training Partnership Act".

Par. (2). Pub. L. 105-220, Sec. 301(2), (4), added par. (2) and

struck out former par. (2) which read as follows: "the term

'private industry council' has the same meaning given that term

under the Job Training Partnership Act;".

Par. (3). Pub. L. 105-220, Sec. 301(4), added par. (3). Former

par. (3) redesignated (4).

Par. (4). Pub. L. 105-220, Sec. 301(2), (3), (5), redesignated

par. (3) as (4), substituted "Labor; and" for "Labor;", and struck

out former par. (4) which read as follows: "the term 'service

delivery area' has the same meaning given that term under the Job

Training Partnership Act; and".

1982 - Pub. L. 97-300 amended section generally, substituting

provisions relating to definitions for provisions which authorized

appointment of personnel and payment of office expenses.

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-220, title III, Sec. 311, Aug. 7, 1998, 112 Stat.

1086, provided that: "The amendments made by this subtitle

[subtitle A (Secs. 301-311) of title III of Pub. L. 105-220,

enacting section 49l-2 of this title and amending this section,

sections 49b, 49c, 49d, 49e to 49g, 49j, and 49k of this title, and

section 655a of Title 42, The Public Health and Welfare] shall take

effect on July 1, 1999."

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-300 effective Oct. 1, 1983, but with

Secretary authorized to use funds appropriated for fiscal 1983 to

plan for orderly implementation of amendment, see section 181(i) of

Pub. L. 97-300, which was formerly classified to section 1591(i) of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 39 section 3202.

-End-

-CITE-

29 USC Sec. 49b 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 4B - FEDERAL EMPLOYMENT SERVICE

-HEAD-

Sec. 49b. Duties of Secretary

-STATUTE-

(a) Assistance to State public employment services

The Secretary shall assist in coordinating the State public

employment services throughout the country and in increasing their

usefulness by developing and prescribing minimum standards of

efficiency, assisting them in meeting problems peculiar to their

localities, promoting uniformity in their administrative and

statistical procedure, furnishing and publishing information as to

opportunities for employment and other information of value in the

operation of the system, and maintaining a system for clearing

labor between the States.

(b) Provision of unemployment compensation information

It shall be the duty of the Secretary to assure that unemployment

insurance and employment service offices in each State, as

appropriate, upon request of a public agency administering or

supervising the administration of a State program funded under part

A of title IV of the Social Security Act [42 U.S.C. 601 et seq.],

of a public agency charged with any duty or responsibility under

any program or activity authorized or required under part D of

title IV of such Act [42 U.S.C. 651 et seq.], or of a State agency

charged with the administration of the food stamp program in a

State under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.),

shall (and, notwithstanding any other provision of law, is

authorized to) furnish to such agency making the request, from any

data contained in the files of any such office, information with

respect to any individual specified in the request as to (1)

whether such individual is receiving, has received, or has made

application for, unemployment compensation, and the amount of any

such compensation being received by such individual, (2) the

current (or most recent) home address of such individual, and (3)

whether such individual has refused an offer of employment and, if

so, a description of the employment so offered and the terms,

conditions, and rate of pay therefor.

(c) Public labor exchange services

The Secretary shall -

(1) assist in the coordination and development of a nationwide

system of public labor exchange services, provided as part of the

one-stop customer service systems of the States;

(2) assist in the development of continuous improvement models

for such nationwide system that ensure private sector

satisfaction with the system and meet the demands of jobseekers

relating to the system; and

(3) ensure, for individuals otherwise eligible to receive

unemployment compensation, the provision of reemployment services

and other activities in which the individuals are required to

participate to receive the compensation.

-SOURCE-

(June 6, 1933, ch. 49, Sec. 3, 48 Stat. 114; Sept. 8, 1950, ch.

933, Sec. 1, 64 Stat. 822; Aug. 3, 1954, ch. 655, Sec. 6(a), 68

Stat. 665; Aug. 1, 1956, ch. 852, Sec. 17(a), 70 Stat. 910; Pub. L.

86-624, Sec. 21(a), July 12, 1960, 74 Stat. 417; Pub. L. 93-198,

title II, Sec. 204(c), Dec. 24, 1973, 87 Stat. 783; Pub. L. 94-566,

title V, Sec. 508(a), Oct. 20, 1976, 90 Stat. 2689; Pub. L. 97-300,

title VI, Sec. 601(a), formerly title V, Sec. 501(a), Oct. 13,

1982, 96 Stat. 1392; renumbered title VI, Sec. 601(a), Pub. L.

100-628, title VII, Sec. 712(a)(1), (2), Nov. 7, 1988, 102 Stat.

3248; Pub. L. 99-198, title XV, Sec. 1535(b)(2), Dec. 23, 1985, 99

Stat. 1584; Pub. L. 104-193, title I, Sec. 110(m), Aug. 22, 1996,

110 Stat. 2173; Pub. L. 105-220, title III, Secs. 302(a), 310, Aug.

7, 1998, 112 Stat. 1080, 1086.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (b), is act Aug.

14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title IV of

the Social Security Act is classified generally to part A (Sec. 601

et seq.) of subchapter IV of chapter 7 of Title 42, The Public

Health and Welfare. Part D of title IV of such Act is classified

generally to part D (Sec. 651 et seq.) of subchapter IV of chapter

7 of Title 42. For complete classification of this Act to the Code,

see section 1305 of Title 42 and Tables.

The Food Stamp Act of 1977, referred to in subsec. (b), is Pub.

L. 88-525, Aug. 31, 1964, 78 Stat. 703, as amended, which is

classified generally to chapter 51 (Sec. 2011 et seq.) of Title 7,

Agriculture. For complete classification of this Act to the Code,

see Short Title note set out under section 2011 of Title 7 and

Tables.

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-220, Sec. 302(a)(1), substituted

"Secretary" for "United States Employment Service".

Subsec. (b). Pub. L. 105-220, Sec. 310, substituted "Secretary"

for "Secretary of Labor".

Subsec. (c). Pub. L. 105-220, Sec. 302(a)(2), added subsec. (c).

1996 - Subsec. (b). Pub. L. 104-193 substituted "State program

funded under part A of title IV" for "State plan approved under

part A of title IV".

1985 - Subsec. (b). Pub. L. 99-198 inserted reference to a State

agency charged with the administration of the food stamp program in

a State under the Food Stamp Act.

1982 - Pub. L. 97-300, amended section generally, substituting

provisions which set out functions of the Service and duties of the

Secretary of Labor for provisions which had stated the purposes of

the Service, including services to veterans and supplying of data

for the administration of programs in aid of families with

dependent children, and defined "State".

1976 - Subsec. (a). Pub. L. 94-566 provided that the bureau has a

further duty to assure that the employment offices in each State,

upon request of a public agency administering or supervising the

administration of a State plan approved under part A of title IV of

the Social Security Act or of a public agency charged with any duty

or responsibility under any program or activity authorized or

required under part D of title IV of such Act, furnish to such

agency making the request, from any data contained in the files of

any such employment office, information with respect to any

individual specified in the request as to whether such individual

is receiving, has received, or has made application for,

unemployment compensation, and the amount of any such compensation

being received by such individual, the current (or most recent)

home address of such individual, and whether such individual has

refused an offer of employment and, if so, a description of the

employment so offered and terms, conditions, and rate of pay

therefor.

1973 - Subsec. (a). Pub. L. 93-198, Sec. 204(c)(1), struck out

function of maintaining a public employment service for the

District of Columbia from the functions of the bureau.

Subsec. (b). Pub. L. 93-198, Sec. 204(c)(2), included District of

Columbia in definition of "State" or "States".

1960 - Subsec. (b). Pub. L. 86-624 struck out "Hawaii, Alaska,"

before "Puerto Rico".

1956 - Subsec. (b). Act Aug. 1, 1956, inserted "Guam" after

"Puerto Rico".

1954 - Subsec. (a). Act Aug. 3, 1954, inserted provisions

relating to employment counseling and placement services for

handicapped persons.

1950 - Subsec. (b). Act Sept. 8, 1950, included Puerto Rico and

Virgin Islands in definition of "State" or "States".

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-220 effective July 1, 1999, see section

311 of Pub. L. 105-220, set out as a note under section 49a of this

title.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-193 effective July 1, 1997, with

transition rules relating to State options to accelerate such date,

rules relating to claims, actions, and proceedings commenced before

such date, rules relating to closing out of accounts for terminated

or substantially modified programs and continuance in office of

Assistant Secretary for Family Support, and provisions relating to

termination of entitlement under AFDC program, see section 116 of

Pub. L. 104-193, as amended, set out as an Effective Date note

under section 601 of Title 42, The Public Health and Welfare.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-300 effective Oct. 1, 1983, but with

Secretary authorized to use funds appropriated for fiscal 1983 to

plan for orderly implementation of amendment, see section 181(i) of

Pub. L. 97-300, which was formerly classified to section 1591(i) of

this title.

EFFECTIVE DATE OF 1973 AMENDMENT

Section 771(b) of Pub. L. 93-198 provided in part that title II

of Pub. L. 93-198 [amending this section and section 50 of this

title and enacting provisions set out as notes under section 49 of

this title and section 8101 of Title 5, Government Organization and

Employees], shall take effect on July 1, 1974.

EFFECTIVE DATE OF 1954 AMENDMENT

Section 8 of act Aug. 3, 1954, provided that: "The amendments

made by this Act [enacting section 107e-1 of Title 20, Education,

and amending this section, sections 31 to 41, 42, and 49g of this

title, sections 107, 107a, 107b, 107e, and 107f of Title 20, and

section 155a of former Title 36, Patriotic Societies and

Observances] shall become effective July 1, 1954."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 49a of this title; title 7

section 2022; title 39 section 3202; title 42 section 603a.

-End-

-CITE-

29 USC Sec. 49c 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 4B - FEDERAL EMPLOYMENT SERVICE

-HEAD-

Sec. 49c. Acceptance by States; creation of State agencies

-STATUTE-

In order to obtain the benefits of appropriations apportioned

under section 49d of this title, a State shall, pursuant to State

statute, accept the provisions of this chapter and, in accordance

with such State statute, the Governor shall designate or authorize

the creation of a State agency vested with all powers necessary to

cooperate with the Secretary under this chapter.

-SOURCE-

(June 6, 1933, ch. 49, Sec. 4, 48 Stat. 114; Pub. L. 105-220, title

III, Sec. 303, Aug. 7, 1998, 112 Stat. 1081.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-220 substituted ", pursuant to State statute,"

for ", through its legislature,", inserted ", in accordance with

such State statute, the Governor shall" after "the provisions of

this chapter and", and substituted "Secretary" for "United States

Employment Service".

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-220 effective July 1, 1999, see section

311 of Pub. L. 105-220, set out as a note under section 49a of this

title.

TRANSFER OF STATE AGENCIES TO THE STATES

Act July 26, 1946, ch. 672, title I, 60 Stat. 684, provided in

part: "On November 15, 1946, the Secretary of Labor shall transfer,

to the State agency in each State designated under section 4 of the

Act of Congress approved June 6, 1933, as amended [this section],

as the agency to administer the State-wide system of public

employment offices in cooperation with the United States Employment

Service under said Act [this chapter], the operation of State and

local public employment office facilities and properties which were

transferred by such State to the Federal Government in 1942 to

promote the national war effort. The Secretary of Labor shall, on

request of the State agency, also provide for the transfer and

assignment to such State, without reimbursement therefor, of any

other public employment office facilities and properties within

such State, including records, files, and office equipment:

Provided, That as a condition to such transfer and assignment of

Federal properties, the Secretary may require the recipient State

to waive any claim which may then exist or thereafter arise out of

the use made by the Federal Government of, or for the loss of or

damage to, property and facilities transferred to the Federal

Government as hereinabove described."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 49c-1 of this title; title

39 section 3202.

-End-

-CITE-

29 USC Sec. 49c-1 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 4B - FEDERAL EMPLOYMENT SERVICE

-HEAD-

Sec. 49c-1. Transfer to States of property used by United States

Employment Service

-STATUTE-

For the purpose of assisting the State employment services

established and maintained in accordance with the terms of this

chapter, the Secretary of Labor is authorized without payment of

compensation to transfer and assign to the States in which it is

located all property, including records, files, and office

equipment, used by the United States Employment Service in its

administrative and local employment offices in the respective

States, except the records, files, and property used in the

Veterans' Service and in the Farm Placement Service maintained

under this chapter, as soon as such States establish and maintain

systems of public employment offices, in accordance with the terms

of sections 49c, 49d, and 49g of this title and the regulations

promulgated thereunder.

-SOURCE-

(Aug. 11, 1939, ch. 693, 53 Stat. 1409; Ex. Ord. No. 9247, Sept.

17, 1942, 7 F.R. 7379; Ex. Ord. No. 9617, Sept. 19, 1945, 10 F.R.

11929; June 16, 1948, ch. 472, title I, 62 Stat. 446; 1949 Reorg.

Plan No. 2, Sec. 1, eff. Aug. 20, 1949, 14 F.R. 5225, 63 Stat.

1065.)

-COD-

CODIFICATION

This section was not enacted as part of the Wagner-Peyser Act

which comprises this chapter.

-TRANS-

TRANSFER OF FUNCTIONS

For history of transfer of functions of United States Employment

Service to Secretary of Labor, see note set out under section 49 of

this title.

-End-

-CITE-

29 USC Sec. 49c-2 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 4B - FEDERAL EMPLOYMENT SERVICE

-HEAD-

Sec. 49c-2. Omitted

-COD-

CODIFICATION

Section, act July 26, 1946, ch. 672, title I, 60 Stat. 684, 685,

which authorized transfer to and retention in State system of

public employment offices of Federal employees, was from the

Department of Labor Act, 1947, and was not repeated in subsequent

appropriation acts.

-End-

-CITE-

29 USC Sec. 49c-3 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 4B - FEDERAL EMPLOYMENT SERVICE

-HEAD-

Sec. 49c-3. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80

Stat. 653

-MISC1-

Section, act July 26, 1946, ch. 672, title I, 60 Stat. 685,

provided for refund of retirement deductions and interest to

members of Social Security Boards returning to State employment.

-End-

-CITE-

29 USC Sec. 49c-4 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 4B - FEDERAL EMPLOYMENT SERVICE

-HEAD-

Sec. 49c-4. Transferred

-COD-

CODIFICATION

Section, Pub. L. 88-136, title I, Oct. 11, 1963, 77 Stat. 226,

which related to personnel standards, was transferred to section

49n of this title and subsequently omitted from the Code.

-End-

-CITE-

29 USC Sec. 49c-5 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 4B - FEDERAL EMPLOYMENT SERVICE

-HEAD-

Sec. 49c-5. Omitted

-COD-

CODIFICATION

Section, act July 8, 1947, ch. 210, title I, 61 Stat. 263, which

related to a joint budget, was from the Department of Labor

Appropriation Act, 1948, and was not repeated in subsequent

appropriation acts. Similar provisions were contained in act July

26, 1946, ch. 672, title I, Sec. 101, 60 Stat. 686.

-End-

-CITE-

29 USC Sec. 49d 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 4B - FEDERAL EMPLOYMENT SERVICE

-HEAD-

Sec. 49d. Appropriations; certification for payment to States

-STATUTE-

(a) Authorization of appropriations

There is authorized to be appropriated, out of any money in the

Treasury not otherwise appropriated, such amounts from time to time

as the Congress may deem necessary to carry out the purposes of

this chapter.

(b) Certification for payment to States

The Secretary shall from time to time certify to the Secretary of

the Treasury for payment to each State which -

(1) except in the case of Guam, has an unemployment

compensation law approved by the Secretary under the Federal

Unemployment Tax Act [26 U.S.C. 3301 et seq.] and is found to be

in compliance with section 503 of title 42,

(2) is found to have coordinated the public employment services

with the provision of unemployment insurance claimant services,

and

(3) is found to be in compliance with this chapter,

such amounts as the Secretary determines to be necessary for

allotment in accordance with section 49e of this title.

(c) Availability of appropriations

(1) Beginning with fiscal year 1985 and thereafter appropriations

for any fiscal year for programs and activities assisted or

conducted under this chapter shall be available for obligation only

on the basis of a program year. The program year shall begin on

July 1 in the fiscal year for which the appropriation is made.

(2) Funds obligated for any program year may be expended by the

State during that program year and the two succeeding program years

and no amount shall be deobligated on account of a rate of

expenditure which is consistent with the program plan.

-SOURCE-

(June 6, 1933, ch. 49, Sec. 5, 48 Stat. 114; May 10, 1935, ch. 102,

49 Stat. 216; June 29, 1938, ch. 816, 52 Stat. 1244; Sept. 8, 1950,

ch. 933, Sec. 2, 64 Stat. 822; Aug. 1, 1956, ch. 852, Sec. 17(b),

70 Stat. 910; Pub. L. 86-778, title V, Sec. 543(c), Sept. 13, 1960,

74 Stat. 987; Pub. L. 94-566, title I, Sec. 116(c), Oct. 20, 1976,

90 Stat. 2672; Pub. L. 97-35, title VII, Sec. 702, Aug. 13, 1981,

95 Stat. 521; Pub. L. 97-300, title VI, Sec. 601(b), formerly title

V, Sec. 501(b), Oct. 13, 1982, 96 Stat. 1392; renumbered title VI,

Sec. 601(b), Pub. L. 100-628, title VII, Sec. 712(a)(1), (2), Nov.

7, 1988, 102 Stat. 3248; Pub. L. 105-220, title III, Sec. 304, Aug.

7, 1998, 112 Stat. 1081.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Unemployment Tax Act, referred to in subsec. (b)(1),

is act Aug. 16, 1954, ch. 736, Secs. 3301 to 3311, 68A Stat. 454,

as amended, which is classified generally to chapter 23 (Sec. 3301

et seq.) of Title 26, Internal Revenue Code. For complete

classification of this Act to the Code, see section 3311 of Title

26 and Tables.

-MISC1-

AMENDMENTS

1998 - Subsec. (c)(3). Pub. L. 105-220 struck out par. (3) which

read as follows:

"(3)(A) Appropriations for fiscal year 1984 shall be available

both to fund activities for the period between October 1, 1983, and

July 1, 1984, and for the program year beginning July 1, 1984.

"(B) There are authorized to be appropriated such additional sums

as may be necessary to carry out the provisions of this paragraph

for the transition to program year funding."

1982 - Subsec. (b). Pub. L. 97-300 added subsec. (b). Former

subsec. (b), which related to certification of compliance by the

Secretary to the Secretary of the Treasury with regard to the

Federal Unemployment Tax Act by State programs and payment of

monies for the operation of the State systems, was struck out.

Subsec. (c). Pub. L. 97-300 added subsec. (c).

1981 - Subsec. (b). Pub. L. 97-35 inserted provisions authorizing

appropriations for fiscal year beginning Oct. 1, 1981, and

definition of "proper and efficient administration of its public

employment offices".

1976 - Subsec. (b). Pub. L. 94-566 substituted "Guam" for "Guam

and the Virgin Islands".

1960 - Subsec. (b). Pub. L. 86-778 substituted "Guam and the

Virgin Islands" for "Puerto Rico, Guam, and the Virgin Islands".

1956 - Subsec. (b). Act Aug. 1, 1956, inserted "Guam" after

"Puerto Rico".

1950 - Subsec. (a). Act, Sept. 8, 1950, struck out apportionment

formula and requirement that States match the funds granted them.

1938 - Subsec. (a). Act June 29, 1938, substituted "The annual

appropriation under this chapter shall designate the amount to" for

"Seventy-five per centum of the amounts appropriated under this

chapter shall", at beginning of second sentence, and "the said

amount among the several States" for "said 75 per centum of amounts

appropriated after January 1, 1935, under this chapter" in proviso.

1935 - Subsec. (a). Act May 10, 1935, inserted proviso.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-220 effective July 1, 1999, see section

311 of Pub. L. 105-220, set out as a note under section 49a of this

title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-300 effective Oct. 1, 1983, but with

Secretary authorized to use funds appropriated for fiscal 1983 to

plan for orderly implementation of amendment, see section 181(i) of

Pub. L. 97-300, which was formerly classified to section 1591(i) of

this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-566 effective on later of Oct. 1, 1976,

or day after day on which Secretary of Labor approves under section

3304(a) of Title 26, Internal Revenue Code, an unemployment

compensation law submitted to him by Virgin Islands for approval,

see section 116(f)(1) of Pub. L. 94-566, set out as a note under

section 3304 of Title 26.

EFFECTIVE DATE OF 1960 AMENDMENT

Section 543(c) of Pub. L. 86-778 provided that the amendment made

by that section is effective on and after Jan. 1, 1961.

SUSPENSION OF STATE APPROPRIATION REQUIREMENTS UNTIL JULY 1, 1952

Act Sept. 6, 1950, ch. 896, Ch. V, title I, 64 Stat. 643,

provided in part that: "No State shall be required to make any

appropriation as provided in section 5(a) of said Act of June 6,

1933 [subsec. (a) of this section], prior to July 1, 1952."

Similar provisions suspending the requirement until July 1, 1950

were contained in acts June 16, 1948, ch. 472, title I, 62 Stat.

445; June 29, 1949, ch. 275, title II, 63 Stat. 284.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 49c, 49c-1, 49e of this

title; title 39 section 3202.

-End-

-CITE-

29 USC Sec. 49d-1 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 4B - FEDERAL EMPLOYMENT SERVICE

-HEAD-

Sec. 49d-1. Omitted

-COD-

CODIFICATION

Section, act June 16, 1937, ch. 359, title IV, 50 Stat. 302,

provided for reapportionment of unexpended appropriations.

-End-

-CITE-

29 USC Sec. 49e 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 4B - FEDERAL EMPLOYMENT SERVICE

-HEAD-

Sec. 49e. Allotment of funds

-STATUTE-

(a) From the amounts appropriated pursuant to section 49d of this

title for each fiscal year, the Secretary shall first allot to Guam

and the Virgin Islands an amount which, in relation to the total

amount available for the fiscal year, is equal to the allotment

percentage which each received of amounts available under this

chapter in fiscal year 1983.

(b)(1) Subject to paragraphs (2), (3), and (4) of this

subsection, the Secretary shall allot the remainder of the sums

appropriated and certified pursuant to section 49d of this title

for each fiscal year among the States as follows:

(A) two-thirds of such sums shall be allotted on the basis of

the relative number of individuals in the civilian labor force in

each State as compared to the total number of such individuals in

all States; and

(B) one-third of such sums shall be allotted on the basis of

the relative number of unemployed individuals in each State as

compared to the total number of such individuals in all States.

For purposes of this paragraph, the number of individuals in the

civilian labor force and the number of unemployed individuals shall

be based on data for the most recent calendar year available, as

determined by the Secretary.

(2) No State's allotment under this section for any fiscal year

shall be less than 90 percent of its allotment percentage for the

fiscal year preceding the fiscal year for which the determination

is made. For the purpose of this section, the Secretary shall

determine the allotment percentage for each State (including Guam

and the Virgin Islands) for fiscal year 1984 which is the

percentage that the State received under this chapter for fiscal

year 1983 of the total amounts available for payments to all States

for such fiscal year. For each succeeding fiscal year, the

allotment percentage for each such State shall be the percentage

that the State received under this chapter for the preceding fiscal

year of the total amounts available for allotments for all States

for such fiscal year.

(3) For each fiscal year, no State shall receive a total

allotment under paragraphs (1) and (2) which is less than 0.28

percent of the total amount available for allotments for all

States.

(4) The Secretary shall reserve such amount, not to exceed 3

percent of the sums available for allotments under this section for

each fiscal year, as shall be necessary to assure that each State

will have a total allotment under this section sufficient to

provide staff and other resources necessary to carry out employment

service activities and related administrative and support functions

on a statewide basis.

(5) The Secretary shall, not later than March 15 of fiscal year

1983 and each succeeding fiscal year, provide preliminary planning

estimates and shall, not later than May 15 of each such fiscal

year, provide final planning estimates, showing each State's

projected allocation for the following year.

-SOURCE-

(June 6, 1933, ch. 49, Sec. 6, as added Pub. L. 97-300, title VI,

Sec. 601(c), formerly title V, Sec. 501(c), Oct. 13, 1982, 96 Stat.

1393; renumbered title VI, Sec. 601(c), Pub. L. 100-628, title VII,

Sec. 712(a)(1), (2), Nov. 7, 1988, 102 Stat. 3248; amended Pub. L.

105-220, title III, Sec. 310, Aug. 7, 1998, 112 Stat. 1086.)

-MISC1-

PRIOR PROVISIONS

A prior section 49e, act June 6, 1933, ch. 49, Sec. 6, 48 Stat.

115, related to apportionment of appropriations, and certification

to Secretary of the Treasury, prior to repeal by act Sept. 8, 1950,

ch. 933, Sec. 3, 64 Stat. 823.

AMENDMENTS

1998 - Subsec. (b)(1). Pub. L. 105-220 substituted "Secretary"

for "Secretary of Labor" in concluding provisions.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-220 effective July 1, 1999, see section

311 of Pub. L. 105-220, set out as a note under section 49a of this

title.

EFFECTIVE DATE

Section effective Oct. 1, 1983, but with Secretary authorized to

use funds appropriated for fiscal 1983 to plan for orderly

implementation of section, see section 181(i) of Pub. L. 97-300,

which was formerly classified to section 1591(i) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 49d, 49f of this title.

-End-

-CITE-

29 USC Sec. 49f 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 4B - FEDERAL EMPLOYMENT SERVICE

-HEAD-

Sec. 49f. Percentage disposition of allotted funds

-STATUTE-

(a) Use of 90 percent of funds allotted

Ninety percent of the sums allotted to each State pursuant to

section 49e of this title may be used -

(1) for job search and placement services to job seekers

including counseling, testing, occupational and labor market

information, assessment, and referral to employers;

(2) for appropriate recruitment services and special technical

services for employers; and

(3) for any of the following activities:

(A) evaluation of programs;

(B) developing linkages between services funded under this

chapter and related Federal or State legislation, including the

provision of labor exchange services at education sites;

(C) providing services for workers who have received notice

of permanent layoff or impending layoff, or workers in

occupations which are experiencing limited demand due to

technological change, impact of imports, or plant closures;

(D) developing and providing labor market and occupational

information;

(E) developing a management information system and compiling

and analyzing reports therefrom; and

(F) administering the work test for the State unemployment

compensation system and providing job finding and placement

services for unemployment insurance claimants.

(b) Use of 10 percent of funds allotted

Ten percent of the sums allotted to each State pursuant to

section 49e of this title shall be reserved for use in accordance

with this subsection by the Governor of each such State to provide

-

(1) performance incentives for public employment service

offices and programs, consistent with performance standards

established by the Secretary, taking into account direct or

indirect placements (including those resulting from self-directed

job search or group job search activities assisted by such

offices or programs), wages on entered employment, retention, and

other appropriate factors;

(2) services for groups with special needs, carried out

pursuant to joint agreements between the employment service and

the appropriate local workforce investment board and chief

elected official or officials or other public agencies or private

nonprofit organizations; and

(3) the extra costs of exemplary models for delivering services

of the types described in subsection (a) of this section.

(c) Joint funding

(1) Funds made available to States under this section may be used

to provide additional funds under an applicable program if -

(A) such program otherwise meets the requirements of this

chapter and the requirements of the applicable program;

(B) such program serves the same individuals that are served

under this chapter;

(C) such program provides services in a coordinated manner with

services provided under this chapter; and

(D) such funds would be used to supplement, and not supplant,

funds provided from non-Federal sources.

(2) For purposes of this subsection, the term "applicable

program" means any workforce investment activity carried out under

the Workforce Investment Act of 1998.

(d) Performance of services and activities under contract

In addition to the services and activities otherwise authorized

by this chapter, the Secretary or any State agency designated under

this chapter may perform such other services and activities as

shall be specified in contracts for payment or reimbursement of the

costs thereof made with the Secretary or with any Federal, State,

or local public agency, or administrative entity under the

Workforce Investment Act of 1998, or private nonprofit

organization.

(e) Provision of services as part of one-stop delivery system

All job search, placement, recruitment, labor employment

statistics, and other labor exchange services authorized under

subsection (a) of this section shall be provided, consistent with

the other requirements of this chapter, as part of the one-stop

delivery system established by the State.

-SOURCE-

(June 6, 1933, ch. 49, Sec. 7, as added Pub. L. 97-300, title VI,

Sec. 601(c), formerly title V, Sec. 501(c), Oct. 13, 1982, 96 Stat.

1394; renumbered title VI, Sec. 601(c), Pub. L. 100-628, title VII,

Sec. 712(a)(1), (2), Nov. 7, 1988, 102 Stat. 3248; amended Pub. L.

101-392, Sec. 5(b), Sept. 25, 1990, 104 Stat. 759; Pub. L. 105-220,

title III, Secs. 305, 310, Aug. 7, 1998, 112 Stat. 1081, 1086.)

-REFTEXT-

REFERENCES IN TEXT

The Workforce Investment Act of 1998, referred to in subsecs.

(c)(2) and (d), 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.

-MISC1-

PRIOR PROVISIONS

A prior section 49f, act June 6, 1933, ch. 49, Sec. 7, 48 Stat.

115, related to ascertainment of amounts due to States, and

certification to the Secretary of the Treasury, prior to repeal by

act Sept. 8, 1950, ch. 933, Sec. 3, 64 Stat. 823.

AMENDMENTS

1998 - Subsec. (b)(2). Pub. L. 105-220, Sec. 305(1), substituted

"local workforce investment board" for "private industry council".

Subsec. (c)(2). Pub. L. 105-220, Sec. 305(2), substituted "any

workforce investment activity carried out under the Workforce

Investment Act of 1998." for "any program under any of the

following provisions of law:

"(A) The Carl D. Perkins Vocational and Applied Technology

Education Act.

"(B) Section 123, title II, and title III of the Job Training

Partnership Act."

Subsec. (d). Pub. L. 105-220, Sec. 310, substituted "Secretary or

with" for "Secretary of Labor or with".

Pub. L. 105-220, Sec. 305(3), substituted "Secretary or any

State" for "United States Employment Service or any State" and

"Workforce Investment Act of 1998" for "Job Training Partnership

Act".

Subsec. (e). Pub. L. 105-220, Sec. 305(4), added subsec. (e).

1990 - Subsecs. (c), (d). Pub. L. 101-392 added subsec. (c) and

redesignated former subsec. (c) as (d).

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-220 effective July 1, 1999, see section

311 of Pub. L. 105-220, set out as a note under section 49a of this

title.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-392 effective July 1, 1991, see section

702(a) of Pub. L. 101-392, set out as an Effective Date note under

section 3423a of Title 20, Education.

EFFECTIVE DATE

Section effective Oct. 1, 1983, but with Secretary authorized to

use funds appropriated for fiscal 1983 to plan for orderly

implementation of section, see section 181(i) of Pub. L. 97-300,

which was formerly classified to section 1591(i) of this title.

-End-

-CITE-

29 USC Sec. 49g 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 4B - FEDERAL EMPLOYMENT SERVICE

-HEAD-

Sec. 49g. State plans

-STATUTE-

(a) Submission to Secretary

Any State desiring to receive assistance under this chapter shall

submit to the Secretary, as part of the State plan submitted under

section 2822 of this title, detailed plans for carrying out the

provisions of this chapter within such State.

(b) Contents of plans

Such plans shall include provision for the promotion and

development of employment opportunities for handicapped persons and

for job counseling and placement of such persons, and for the

designation of at least one person in each State or Federal

employment office, whose duties shall include the effectuation of

such purposes. In those States where a State board, department, or

agency exists which is charged with the administration of State

laws for vocational rehabilitation of physically handicapped

persons, such plans shall include provision for cooperation between

such board, department, or agency and the agency designated to

cooperate with the United States Employment Service under this

chapter.

(c) Information on coordination of workforce investment activities

and one-stop delivery system development

The part of the State plan described in subsection (a) of this

section shall include the information described in paragraphs (8)

and (14) of section 2822(b) of this title.

(d) Approval by Secretary

If such detailed plans are in conformity with the provisions of

this chapter and reasonably appropriate and adequate to carry out

its purposes, they shall be approved by the Secretary and due

notice of such approval shall be given to the State agency.

-SOURCE-

(June 6, 1933, ch. 49, Sec. 8, 48 Stat. 115; Aug. 3, 1954, ch. 655,

Sec. 6(b), 68 Stat. 665; Pub. L. 97-300, title VI, Sec. 601(d),

formerly title V, Sec. 501(d), Oct. 13, 1982, 96 Stat. 1395;

renumbered title VI, Sec. 601(d), Pub. L. 100-628, title VII, Sec.

712(a)(1), (2), Nov. 7, 1988, 102 Stat. 3248; Pub. L. 105-220,

title III, Sec. 306, Aug. 7, 1998, 112 Stat. 1081.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-220, Sec. 306(1), amended subsec.

(a) generally. Prior to amendment, subsec. (a) read as follows:

"Any State desiring to receive the benefits of this chapter shall,

by the agency designated to cooperate with the United States

Employment Service, submit to the Secretary of Labor detailed plans

for carrying out the provisions of this chapter within such State."

Subsec. (b). Pub. L. 105-220, Sec. 306(2), (3), redesignated

subsec. (d) as (b) and struck out former subsec. (b) which

contained certain requirements for plan preparation at State and

national levels.

Subsec. (c). Pub. L. 105-220, Sec. 306(2), (4), added subsec. (c)

and struck out former subsec. (c) which read as follows: "The

Governor of the State shall be afforded the opportunity to review

and transmit to the Secretary proposed modifications of such plans

submitted."

Subsec. (d). Pub. L. 105-220, Sec. 306(5), (6), redesignated

subsec. (e) as (d) and substituted "such detailed plans" for "such

plans". Former subsec. (d) redesignated (b).

Subsec. (e). Pub. L. 105-220, Sec. 306(5), redesignated subsec.

(e) as (d).

1982 - Pub. L. 97-300, Sec. 601(d)(1), substituted "Secretary of

Labor" for "Director" wherever appearing.

Subsec. (a). Pub. L. 97-300, Sec. 601(d)(2), designated

provisions relating to the submission of a plan to the Secretary by

any State desiring to receive benefits under certain sections of

this chapter as subsec. (a).

Subsecs. (b), (c). Pub. L. 97-300, Sec. 601(d)(5), added subsecs.

(b) and (c).

Subsec. (d). Pub. L. 97-300, Sec. 601(d)(3), designated

provisions relating to the inclusion in State plans of provision

for handicapped persons employment opportunities and coordination

with State agencies similarly concerned as subsec. (d).

Subsec. (e). Pub. L. 97-300, Sec. 601(d)(4), designated

provisions relating to approval and notice by the Secretary of the

State plans as subsec. (e).

1954 - Act Aug. 3, 1954, inserted provisions relating to

promotion and development of employment opportunities and for job

counseling and placement of handicapped persons.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-220 effective July 1, 1999, see section

311 of Pub. L. 105-220, set out as a note under section 49a of this

title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-300 effective Oct. 1, 1983, but with

Secretary authorized to use funds appropriated for fiscal 1983 to

plan for orderly implementation of amendment, see section 181(i) of

Pub. L. 97-300, which was formerly classified to section 1591(i) of

this title.

EFFECTIVE DATE OF 1954 AMENDMENT

Amendment by act Aug. 3, 1954, effective July 1, 1954, see

section 8 of act Aug. 3, 1954, set out as a note under section 49b

of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For history of transfer of functions of United States Employment

Service to Secretary of Labor, see note set out under section 49 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 49c-1, 2822, 2939, 2942

of this title; title 39 section 3202.

-End-

-CITE-

29 USC Sec. 49h 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 4B - FEDERAL EMPLOYMENT SERVICE

-HEAD-

Sec. 49h. Fiscal controls and accounting procedures

-STATUTE-

(a) Audit

(1) Each State shall establish such fiscal control and fund

accounting procedures as may be necessary to assure the proper

disbursal of, and accounting for, Federal funds paid to the

recipient under this chapter. The Director of the Office of

Management and Budget, in consultation with the Comptroller General

of the United States, shall establish guidance for the proper

performance of audits. Such guidance shall include a review of

fiscal controls and fund accounting procedures established by

States under this section.

(2) At least once every two years, the State shall prepare or

have prepared an independent financial and compliance audit of

funds received under this chapter.

(3) Each audit shall be conducted in accordance with applicable

auditing standards set forth in the financial and compliance

element of the Standards for Audit of Governmental Organizations,

Programs, Activities, and Functions issued by the Comptroller

General of the United States.

(b) Evaluations by Comptroller General

(1) The Comptroller General of the United States shall evaluate

the expenditures by States of funds received under this chapter in

order to assure that expenditures are consistent with the

provisions of this chapter and to determine the effectiveness of

the State in accomplishing the purposes of this chapter. The

Comptroller General shall conduct evaluations whenever determined

necessary and shall periodically report to the Congress on the

findings of such evaluations.

(2) Nothing in this chapter shall be deemed to relieve the

Inspector General of the Department of Labor of his

responsibilities under the Inspector General Act.

(3) For the purpose of evaluating and reviewing programs

established or provided for by this chapter, the Comptroller

General shall have access to and the right to copy any books,

accounts, records, correspondence, or other documents pertinent to

such programs that are in the possession, custody, or control of

the State.

(c) Repayment of funds by State

Each State shall repay to the United States amounts found not to

have been expended in accordance with this chapter. No such finding

shall be made except after notice and opportunity for a fair

hearing. The Secretary may offset such amounts against any other

amount to which the recipient is or may be entitled under this

chapter.

-SOURCE-

(June 6, 1933, ch. 49, Sec. 9, 48 Stat. 116; Pub. L. 97-300, title

VI, Sec. 601(e), formerly title V, Sec. 501(e), Oct. 18, 1982, 96

Stat. 1396; renumbered title VI, Sec. 601(e), Pub. L. 100-628,

title VII, Sec. 712(a)(1), (2), Nov. 7, 1988, 102 Stat. 3248.)

-REFTEXT-

REFERENCES IN TEXT

The Inspector General Act, referred to in subsec. (b)(2),

probably means the Inspector General Act of 1978, Pub. L. 95-452,

Oct. 12, 1978, 92 Stat. 1101, as amended, which is set out in the

Appendix to Title 5, Government Organization and Employees.

-MISC1-

AMENDMENTS

1982 - Pub. L. 97-300 amended section generally, substituting

provisions requiring the States to prepare accounting procedures

under Federal guidance, to submit to biennial audit with evaluation

of expenditures by the Comptroller General and providing for

repayment of improperly expended funds, for provisions requiring

reports on expenditures to the Secretary under his regulations and

giving him authority to revoke State certification.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-300 effective Oct. 1, 1983, but with

Secretary authorized to use funds appropriated for fiscal 1983 to

plan for orderly implementation of amendment, see section 181(i) of

Pub. L. 97-300, which was formerly classified to section 1591(i) of

this title.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which a report required under subsec. (b)(1) of this section is

listed on page 8), see section 3003 of Pub. L. 104-66, as amended,

set out as a note under section 1113 of Title 31, Money and

Finance.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2939, 2942 of this title;

title 39 section 3202.

-End-

-CITE-

29 USC Sec. 49i 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 4B - FEDERAL EMPLOYMENT SERVICE

-HEAD-

Sec. 49i. Recordkeeping and accountability

-STATUTE-

(a) Records

Each State shall keep records that are sufficient to permit the

preparation of reports required by this chapter and to permit the

tracing of funds to a level of expenditure adequate to insure that

the funds have not been spent unlawfully.

(b) Investigations

(1) The Secretary may investigate such facts, conditions,

practices, or other matters which the Secretary finds necessary to

determine whether any State receiving funds under this chapter or

any official of such State has violated any provision of this

chapter.

(2)(A) In order to evaluate compliance with the provisions of

this chapter, the Secretary shall conduct investigations of the use

of funds received by States under this chapter.

(B) In order to insure compliance with the provisions of this

chapter, the Comptroller General of the United States may conduct

investigations of the use of funds received under this chapter by

any State.

(3) In conducting any investigation under this chapter, the

Secretary or the Comptroller General of the United States may not

request new compilation of information not readily available to

such State.

(c) Reports

Each State receiving funds under this chapter shall -

(1) make such reports concerning its operations and

expenditures in such form and containing such information as

shall be prescribed by the Secretary, and

(2) establish and maintain a management information system in

accordance with guidelines established by the Secretary designed

to facilitate the compilation and analysis of programmatic and

financial data necessary for reporting, monitoring, and

evaluating purposes.

-SOURCE-

(June 6, 1933, ch. 49, Sec. 10, 48 Stat. 116; Pub. L. 97-300, title

VI, Sec. 601(f), formerly title V, Sec. 501(f), Oct. 13, 1982, 96

Stat. 1396; renumbered title VI, Sec. 601(f), Pub. L. 100-628,

title VII, Sec. 712(a)(1), (2), Nov. 7, 1988, 102 Stat. 3248.)

-MISC1-

AMENDMENTS

1982 - Pub. L. 97-300 amended section generally, substituting

provisions relating to State maintenance of records and

investigations by the Secretary and Comptroller General for

provisions which limited expenditures in States prior to adoption

of State systems to the current fiscal year and two fiscal years

thereafter.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-300 effective Oct. 1, 1983, but with

Secretary authorized to use funds appropriated for fiscal 1983 to

plan for orderly implementation of amendment, see section 181(i) of

Pub. L. 97-300, which was formerly classified to section 1591(i) of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2939, 2942 of this title.

-End-

-CITE-

29 USC Sec. 49j 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 4B - FEDERAL EMPLOYMENT SERVICE

-HEAD-

Sec. 49j. Notice of strikes and lockouts to applicants

-STATUTE-

In carrying out the provisions of this chapter the Secretary is

authorized and directed to provide for the giving of notice of

strikes or lockouts to applicants before they are referred to

employment.

-SOURCE-

(June 6, 1933, ch. 49, Sec. 11, 48 Stat. 116; Pub. L. 97-300,

title VI, Sec. 601(g), formerly title V, Sec. 501(g), Oct. 13,

1982, 96 Stat. 1397; renumbered title VI, Sec. 601(g), Pub. L.

100-628, title VII, Sec. 712(a)(1), (2), Nov. 7, 1988, 102 Stat.

3248; Pub. L. 105-220, title III, Sec. 307, Aug. 7, 1998, 112 Stat.

1082.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-220, Sec. 307(2), which directed the

substitution of "Secretary" for "Director", was executed by making

the substitution for "director" to reflect the probable intent of

Congress.

Pub. L. 105-220, Sec. 307(1), redesignated subsec. (b) as entire

section and struck out subsec. (a) which provided for establishment

and composition of a Federal Advisory Council, and similar State

advisory councils, to work on problems relating to employment.

1982 - Subsec. (a). Pub. L. 97-300 inserted provision that

nothing in this section should be construed to prohibit the

Governor from carrying out functions of the State advisory council

through the State job training coordinating council in accordance

with section 1532(c) of this title.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-220 effective July 1, 1999, see section

311 of Pub. L. 105-220, set out as a note under section 49a of this

title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-300 effective Oct. 1, 1983, but with

Secretary authorized to use funds appropriated for fiscal 1983 to

plan for orderly implementation of amendment, see section 181(i) of

Pub. L. 97-300, which was formerly classified to section 1591(i) of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 39 section 3202.

-End-

-CITE-

29 USC Sec. 49k 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 4B - FEDERAL EMPLOYMENT SERVICE

-HEAD-

Sec. 49k. Rules and regulations

-STATUTE-

The Secretary is authorized to make such rules and regulations as

may be necessary to carry out the provisions of this chapter.

-SOURCE-

(June 6, 1933, ch. 49, Sec. 12, 48 Stat. 117; Pub. L. 105-220,

title III, Sec. 308, Aug. 7, 1998, 112 Stat. 1082.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-220, which directed the substitution of "The

Secretary" for "The Director, with the approval of the Secretary of

Labor,", was executed by making the substitution for text which

read in part "director" rather than "Director", to reflect the

probable intent of Congress.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-220 effective July 1, 1999, see section

311 of Pub. L. 105-220, set out as a note under section 49a of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 39 section 3202.

-End-

-CITE-

29 USC Sec. 49l 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 4B - FEDERAL EMPLOYMENT SERVICE

-HEAD-

Sec. 49g742l. Miscellaneous operating authorities

-STATUTE-

(a) The Secretary is authorized to establish performance

standards for activities under this chapter which shall take into

account the differences in priorities reflected in State plans.

(b)(1) Nothing in this chapter shall be construed to prohibit the

referral of any applicant to private agencies as long as the

applicant is not charged a fee.

(2) No funds paid under this chapter may be used by any State for

advertising in newspapers for high paying jobs unless such State

submits an annual report to the Secretary beginning in December

1984 concerning such advertising and the justifications therefor,

and the justification may include that such jobs are part of a

State industrial development effort.

-SOURCE-

(June 6, 1933, ch. 49, Sec. 13, as added Pub. L. 97-300, title VI,

Sec. 601(h), formerly title V, Sec. 501(h), Oct. 13, 1982, 96 Stat.

1397; renumbered title VI, Sec. 601(h), Pub. L. 100-628, title VII,

Sec. 712(a)(1), (2), Nov. 7, 1988, 102 Stat. 3248; amended Pub. L.

97-404, Sec. 5, Dec. 31, 1982, 96 Stat. 2027.)

-MISC1-

PRIOR PROVISIONS

A prior section 49l, act June 6, 1933, ch. 49, Sec. 13, 48 Stat.

117, relating to mail franking privileges to employment systems,

was transferred to section 338 of former Title 39, The Postal

Service. Section 338 of former Title 39 was repealed and reenacted

as section 4152 of former Title 39, The Postal Service by Pub. L.

86-682, Sept. 2, 1960, 74 Stat. 578. Section 4152 of former Title

39 was repealed and reenacted as section 3202 of Title 39, Postal

Service, by Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 719.

AMENDMENTS

1982 - Subsec. (b). Pub. L. 97-404 designated existing provisions

as par. (1) and added par. (2).

EFFECTIVE DATE

Section effective Oct. 1, 1983, but with Secretary authorized to

use funds appropriated for fiscal 1983 to plan for orderly

implementation of section, see section 181(i) of Pub. L. 97-300,

which was formerly classified to section 1591(i) of this title.

-End-

-CITE-

29 USC Sec. 49l-1 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 4B - FEDERAL EMPLOYMENT SERVICE

-HEAD-

Sec. 49g742l-1. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated such sums as may be

necessary to enable the Secretary to provide funds through

reimburseable (!1) agreements with the States to operate

statistical programs which are essential for development of

estimates of the gross national product and other national

statistical series, including those related to employment and

unemployment.

-SOURCE-

(June 6, 1933, ch. 49, Sec. 14, as added Pub. L. 97-300, title VI,

Sec. 601(h), formerly title V, Sec. 501(h), Oct. 13, 1982, 96 Stat.

1397; renumbered title VI, Sec. 601(h), Pub. L. 100-628, title VII,

Sec. 712(a)(1), (2), Nov. 7, 1988, 102 Stat. 3248.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 1, 1983, but with Secretary authorized to

use funds appropriated for fiscal 1983 to plan for orderly

implementation of section, see section 181(i) of Pub. L. 97-300,

which was formerly classified to section 1591(i) of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "reimbursable".

-End-

-CITE-

29 USC Sec. 49l-2 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 4B - FEDERAL EMPLOYMENT SERVICE

-HEAD-

Sec. 49g742l-2. Employment statistics

-STATUTE-

(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)

(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.

-SOURCE-

(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.)

-REFTEXT-

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.

-MISC1-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 751, 2821, 2832, 2864 of

this title; title 20 section 2328.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

29 USC Secs. 49m, 49n 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 4B - FEDERAL EMPLOYMENT SERVICE

-HEAD-

Secs. 49m, 49n. Omitted

-COD-

CODIFICATION

Section 49m, Pub. L. 88-136, title I, Oct. 11, 1963, 77 Stat.

225, relating to payments to States for administrative expenses for

their unemployment compensation law and their public employment

offices, was from the Department of Labor Appropriation Act, 1964,

and was not repeated in the Department of Labor Appropriation Act

of 1965. Similar provisions were contained in the following prior

appropriation acts:

Aug. 14, 1962, Pub. L. 87-582, title I, 76 Stat. 363.

Sept. 22, 1961, Pub. L. 87-290, title I, 75 Stat. 591.

Sept. 2, 1960, Pub. L. 86-703, title I, 74 Stat. 757.

Aug. 14, 1959, Pub. L. 86-158, title I, 73 Stat. 341.

Aug. 1, 1958, Pub. L. 85-580, title I, 72 Stat. 458.

June 29, 1957, Pub. L. 85-67, title I, 71 Stat. 212.

June 29, 1956, ch. 477, title I, 70 Stat. 424.

June 29, 1956, ch. 437, title I, 69 Stat. 398.

July 2, 1954, ch. 457, title I, 68 Stat. 435.

July 31, 1953, ch. 296, title I, 67 Stat. 246.

July 5, 1952, ch. 575, title I, 66 Stat. 369.

Aug. 31, 1951, ch. 373, title I, 65 Stat. 210.

Sept. 6, 1950, ch. 896, ch. V, title I, 64 Stat. 643.

June 29, 1949, ch. 275, title II, 63 Stat. 284.

June 16, 1948, ch. 472, title I, 62 Stat. 445.

Section 49n, Pub. L. 88-136, title I, Oct. 11, 1963, 77 Stat.

226, relating to personnel standards, was from the Department of

Labor Appropriation Act, 1964, and was not repeated in the

Department of Labor Appropriation Act of 1965. Similar provisions

were contained in the following prior appropriations acts:

Aug. 14, 1962, Pub. L. 87-582, title I, 76 Stat. 363.

Sept. 22, 1961, Pub. L. 87-290, title I, 75 Stat. 591.

Sept. 2, 1960, Pub. L. 86-703, title I, 74 Stat. 757.

Aug. 14, 1959, Pub. L. 86-158, title I, 73 Stat. 341.

Aug. 1, 1958, Pub. L. 85-580, title I, 72 Stat. 458.

June 29, 1957, Pub. L. 85-67, title I, 71 Stat. 212.

June 29, 1956, ch. 477, title I, 70 Stat. 425.

Aug. 1, 1955, ch. 437, title I, 69 Stat. 398.

July 2, 1954, ch. 457, title I, 68 Stat. 435.

July 31, 1953, ch. 296, title I, 67 Stat. 246.

July 5, 1952, ch. 575, title I, 66 Stat. 359.

Aug. 31, 1951, ch. 273, title I, 65 Stat. 210.

Sept. 6, 1950, ch. 896, ch. V, title I, 64 Stat. 644.

June 29, 1949, ch. 275, title II, 63 Stat. 284.

June 16, 1948, ch. 472, title I, 62 Stat. 445.

July 8, 1947, ch. 210, title I, 61 Stat. 263.

July 26, 1946, ch. 672, title I, 60 Stat. 685.

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