29 U.S.C. § 49 — United States Employment Service estab-

Page 10 TITLE 29—LABOR § 49 Section 48f, act Feb. 10, 1931, ch. 117, § 7, 46 Stat. 1086, related to acceleration of emergency construction work. Section 48g, act Feb. 10, 1931, ch. 117, § 8, 46 Stat. 1086; Ex. Ord. No. 6623, Mar. 1, 1934; 1939 Reorg. Plan No. I, §§ 4, 6, eff. July 1, 1939, 4 F.R. 2727, 53 Stat. 1423, related to advance planning by construction agencies of the government and submission of programs, plans, and es- timates to the National Resources Planning Board which was abolished. See note below. Statutory Notes and Related Subsidiaries NATIONAL RESOURCES PLANNING BOARD The National Resources Planning Board was abol- ished August 31, 1943, by act June 26, 1943, ch. 145, title I, § 1, 57 Stat. 170, and it was expressly provided that its functions were not to be transferred to any other agen- cy, that the Director should exercise until January 1, 1944, such authority as was necessary to effectuate the discontinuance of the Board, and that the records and files of the Board should be transferred to the national archives. CHAPTER 4B—FEDERAL EMPLOYMENT SERVICE Sec. 49. United States Employment Service estab- lished. 49a. Definitions. 49b. Duties of Secretary. 49c. Acceptance by States; creation of State agen- cies. 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 Omitted, Repealed, or Transferred. 49d.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. 49d–1. Omitted. 49e. Allotment of funds. 49f. Percentage disposition of allotted funds. 49g. State plans. 49h. Fiscal controls and accounting procedures. 49i. Recordkeeping and accountability. 49j. Notice of strikes and lockouts to applicants. 49k. Rules and regulations. 49l. Miscellaneous operating authorities. 49l–1. Authorization of appropriations. 49l–2. Workforce and labor market information sys- tem. 49m, 49n. Omitted. § 49. United States Employment Service estab- lished In order to promote the establishment and maintenance of a national system of public em- ployment service offices, the United States Em- ployment Service shall be established and main- tained within the Department of Labor. (June 6, 1933, ch. 49, § 1, 48 Stat. 113; Pub. L. 97–300, title VI, § 601(a), formerly title V, § 501(a), Oct. 13, 1982, 96 Stat. 1392; renumbered title VI, § 601(a), Pub. L. 100–628, title VII, § 712(a)(1), (2), Nov. 7, 1988, 102 Stat. 3248; Pub. L. 113–128, title III, § 301, July 22, 2014, 128 Stat. 1624.) Editorial Notes AMENDMENTS 2014—Pub. L. 113–128 inserted ‘‘service’’ before ‘‘of- fices’’. 1982—Pub. L. 97–300 substituted ‘‘the United States Employment Service shall be established and main- tained 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’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 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 appro- priated for fiscal 1983 to plan for orderly implementa- tion 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, § 16, formerly § 15, as added by Pub. L. 97–300, title VI, § 601(h), formerly title V, § 501(h), Oct. 13, 1982, 96 Stat. 1397; renumbered title VI, § 601(h), Pub. L. 100–628, title VII, § 712(a)(1), (2), Nov. 7, 1988, 102 Stat. 3248; renumbered § 16, Pub. L. 105–220, title III, § 309(1), Aug. 7, 1998, 112 Stat. 1082, provided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Wagner-Peyser Act’.’’ ADMINISTRATION OF MANPOWER IN DISTRICT OF COLUMBIA Pub. L. 93–198, title II, § 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 Sec- retary) 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 serv- ice in the States) generally.’’ RECRUITMENT AND DISTRIBUTION OF FARM LABOR Act July 3, 1948, ch. 823, § 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 be- tween places of employment within the continental United States and return to the places of recruitment not later than June 30, 1949. Act July 3, 1948, ch. 823, § 2, 62 Stat. 1239, 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, § 2, 61 Stat. 55, provided that the provisions of the Farm Labor Supply Appropriation Act, 1944 were not to be construed to limit or interfere with any of the functions of the United States Employ- ment Service or State public employment services with respect to maintaining a farm placement service as au- thorized under this chapter. DEFINITIONS OF TERMS IN PUB. L. 113–128 Except as otherwise provided, definitions in section 3 of Pub. L. 113–128, which is classified to section 3102 of this title, apply to this section. Page 11 TITLE 29—LABOR § 49a Statutory Notes and Executive Documents 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 Of- fice 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 Orga- nization and Employees) in hearing examiners em- ployed by such Department, transferred to Secretary of Labor, with power vested in him to authorize their per- formance or performance of any of his functions by any of those officers, agencies, and employees, by Reorg. Plan No. 6 of 1950, §§ 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5. United States Employment Service transferred to De- partment of Labor, functions of Federal Security Ad- ministrator with respect to employment services, and Bureau of Employment Security transferred to Sec- retary of Labor by Reorg. Plan No. 2 of 1949, § 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 per- formed by Secretary of Labor or, subject to his direc- tion and control, by such officers, agencies, and em- ployees 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 Admin- istrator and shall be performed by him or, under his di- rection 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, prop- erty, and records of the Department of Labor related to the United States Employment Service, and the bal- ances 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 Reor- ganization 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 re- organization 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, § 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 of- fices and agencies, under one agency to be known as Federal Security Agency with a Federal Security Ad- ministrator 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 ad- ministered 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, abol- ished 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 Serv- ice should be transferred to, and exercised by, Federal Security Administrator. § 49a. Definitions For purposes of this chapter— (1) the terms ‘‘chief elected official’’, ‘‘insti- tution of higher education’’, ‘‘one-stop cen- ter’’, ‘‘one-stop partner’’, ‘‘training services’’, ‘‘workforce development activity’’, and ‘‘workplace learning advisor’’, have the mean- ing given the terms in section 3102 of this title; (2) the term ‘‘local workforce development board’’ means a local workforce development board established under section 3122 of this title; (3) the term ‘‘one-stop delivery system’’ means a one-stop delivery system described in section 3151(e) of this title; (4) the term ‘‘Secretary’’ means the Sec- retary of Labor; (5) the term ‘‘State’’ means any of the sev- eral States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands; and (6) the term ‘‘employment service office’’ means a local office of a State agency; and (7) except in section 49l–2 of this title, the term ‘‘State agency’’, used without further de- scription, means an agency designated or au- thorized under section 49c of this title. (June 6, 1933, ch. 49, § 2, 48 Stat. 114; Pub. L. 97–300, title VI, § 601(a), formerly title V, § 501(a), Oct. 13, 1982, 96 Stat. 1392; renumbered title VI, § 601(a), Pub. L. 100–628, title VII, § 712(a)(1), (2), Nov. 7, 1988, 102 Stat. 3248; Pub. L. 105–220, title III, § 301, Aug. 7, 1998, 112 Stat. 1080; Pub. L. 113–128, title III, § 302, July 22, 2014, 128 Stat. 1624.) Editorial Notes 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, known as the Wagner-Peyser Act, which was classified to this chapter and section 338 of former Title 39, The Postal Service. Section 338 of former title 39 was re- pealed 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 2014—Par. (1). Pub. L. 113–128, § 302(1), added par. (1) and struck out former par. (1) which read as follows: ‘‘the term ‘chief elected official’ has the same meaning given that term under the Workforce Investment Act of 1998;’’. Par. (2). Pub. L. 113–128, § 302(2), substituted ‘‘develop- ment board’’ for ‘‘investment board’’ in two places and substituted ‘‘section 3122 of this title’’ for ‘‘section 117 of the Workforce Investment Act of 1998’’. Par. (3). Pub. L. 113–128, § 302(3), substituted ‘‘section 3151(e) of this title’’ for ‘‘section 134(c) of the Workforce Investment Act of 1998’’. Pars. (6), (7). Pub. L. 113–128, § 302(4)–(6), added pars. (6) and (7).