29 U.S.C. § 50 — Promotion of labor standards of apprentice-

Page 26 TITLE 29—LABOR §§ 49m, 49n Subsec. (e)(2)(G). Pub. L. 105–277, § 101(f) [title VIII, § 403(a)(1)(B)], and Pub. L. 105–332, § 5(b)(1)(B), amended subpar. (G) identically, substituting ‘‘comple- mentarity’’ for ‘‘complementary’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–224 effective July 1, 2019, see section 4 of Pub. L. 115–224, set out as a note under section 2301 of Title 20, Education. 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 1998 AMENDMENTS Pub. L. 105–332, § 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, § 101(f) [title VIII, § 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, formerly set out as an Effective Date of 1998 Amendment note under section 49a of this title. §§ 49m, 49n. Omitted Editorial Notes CODIFICATION Section 49m, Pub. L. 88–136, title I, Oct. 11, 1963, 77 Stat. 225, relating to payments to States for adminis- trative 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. CHAPTER 4C—APPRENTICE LABOR Sec. 50. Promotion of labor standards of apprentice- ship. 50a. Publication of information; national advisory committees. 50b. Appointment of employees. 50c. Improved apprenticeship program coordina- tion between the Department of Labor and the Department of Veterans Affairs. § 50. Promotion of labor standards of apprentice- ship The Secretary of Labor is authorized and di- rected to formulate and promote the further- ance of labor standards necessary to safeguard the welfare of apprentices, to extend the appli- cation of such standards by encouraging the in- clusion thereof in contracts of apprenticeship, to bring together employers and labor for the formulation of programs of apprenticeship, to cooperate with State agencies engaged in the formulation and promotion of standards of ap- prenticeship, and to cooperate with the Sec- retary of Education in accordance with section 17 of title 20. For the purposes of this chapter the term ‘‘State’’ shall include the District of Columbia. (Aug. 16, 1937, ch. 663, § 1, 50 Stat. 664; 1939 Reorg. Plan No. I, §§ 201, 204, 206, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424, 1425; July 12, 1943, ch. 221, title VII, 57 Stat. 518; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 93–198, title II, § 204(h), Dec. 24, 1973, 87 Stat. 784; Pub. L. 96–88, title III, § 301(a)(1), Oct. 17, 1979, 93 Stat. 677.) Editorial Notes REFERENCES IN TEXT Section 17 of title 20, referred to in text, was repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 643. CODIFICATION Words ‘‘with the National Youth Administration’’ were omitted from text in view of abolition of National Youth Administration by act July 12, 1943. AMENDMENTS 1973—Pub. L. 93–198 inserted provision that ‘‘State’’ includes the District of Columbia. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93–198 effective July 1, 1974, see section 771(b) of Pub. L. 93–198, set out in part as a note under section 49b of this title. SHORT TITLE OF 2020 AMENDMENT Pub. L. 116–134, § 1, Mar. 26, 2020, 134 Stat. 276, pro- vided that: ‘‘This Act [enacting section 50c of this title] may be cited as the ‘Support for Veterans in Effective Apprenticeships Act of 2019’.’’ SHORT TITLE The act of Aug. 16, 1937, ch. 663, 50 Stat. 664, which en- acted this chapter, is popularly known as the ‘‘National Apprenticeship Act’’. Page 27 TITLE 29—LABOR § 50 TRANSFER OF FUNCTIONS ‘‘Secretary of Education’’ substituted in text for ‘‘Of- fice of Education under the Department of Health, Edu- cation, and Welfare’’, pursuant to section 301(a)(1) of Pub. L. 96–88, which is classified to section 3441(a)(1) of Title 20, Education, and which transferred all functions of Office of Education to Secretary of Education. Executive Documents TRANSFER OF FUNCTIONS Functions of Federal Security Administrator trans- ferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Ap- pendix to Title 5, Government Organization and Em- ployees. Federal Security Agency and office of Admin- istrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Reorg. Plan No. I of 1939, consolidated National Youth Administration and Office of Education, with other agencies, into Federal Security Agency under su- pervision and direction of Federal Security Adminis- trator. EXECUTIVE ORDER NO. 13801 Ex. Ord. No. 13801, June 15, 2017, 82 F.R. 28229, which related to expanding apprenticeships and reducing fed- erally funded education and workforce development programs, was revoked by Ex. Ord. No. 14016, Feb. 17, 2021, 86 F.R. 11089. EX. ORD. NO. 14119. SCALING AND EXPANDING THE USE OF REGISTERED APPRENTICESHIPS IN INDUSTRIES AND THE FEDERAL GOVERNMENT AND PROMOTING LABOR-MAN- AGEMENT FORUMS Ex. Ord. No. 14119, Mar. 6, 2024, 89 F.R. 17265, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: SECTION 1. Policy. My Administration’s Investing in America agenda includes a once-in-a-generation invest- ment in our Nation’s infrastructure. This agenda is also driving the creation of well-paying jobs and grow- ing the economy sustainably and equitably, and it will continue to do so for decades to come. To fully realize the benefits of these investments, students and workers at all stages of life need equitable access to education and training for the good jobs in their communities. Critical to achieving these goals is promoting Reg- istered Apprenticeships, as described in title 29, parts 29 and 30, of the Code of Federal Regulations, which provide substantial benefits to both workers and em- ployers. As the Nation’s largest employer and procurer of goods and services, the Federal Government can be a model for the use and promotion of skills-based hir- ing, such as the use of Registered Apprenticeships, which reduces barriers to employment and attracts a diverse workforce to meet our Nation’s critical needs. My Administration has made strengthening and em- powering the Federal workforce a management pri- ority. As a part of its overall strategy to hire, retain, and develop the people needed to accomplish executive department and agency (agency) missions and to create equitable, transparent, and transferable career-develop- ment pathways, the Federal Government can scale and expand Registered Apprenticeship programs to mod- ernize and broaden avenues to Federal jobs, thereby im- proving access to opportunities for underserved work- ers. Additionally, Labor-Management Forums provide an opportunity for managers, employees, and employees’ union representatives to discuss how Federal Govern- ment operations can promote satisfactory labor rela- tions and improve the productivity and effectiveness of the Federal Government. Labor-Management Forums, as complements to the existing collective bargaining process, allow managers and employees to collaborate in order to continue to deliver the highest quality goods and services to the American people. It is the policy of my Administration to promote Registered Apprenticeships to meet employer needs while investing in workers’ skills; reducing employ- ment barriers; and promoting job quality, equity, in- clusion, and accessibility for the benefit of the Federal Government and the Nation. Further, it is the policy of my Administration to establish cooperative and pro- ductive labor-management relations throughout the executive branch. SEC. 2. Definitions. For purposes of this order: (a) The term ‘‘Registered Apprenticeship’’ means an industry-driven career pathway through which employ- ers can develop and prepare their future workforces and individuals can obtain paid training, work experience, progressive wage increases, classroom instruction, and a portable, nationally recognized credential. A Reg- istered Apprenticeship must meet the requirements for registration as set forth in 29 CFR parts 29 and 30. (b) The term ‘‘Pre-Apprenticeship’’ has the meaning set forth in 29 CFR 30.2. (c) The term ‘‘Labor-Management Forum’’ means a nonadversarial forum for managers, employees, and employees’ union representatives to discuss how Fed- eral Government operations can promote satisfactory labor relations and improve the productivity and effec- tiveness of the Federal Government. (d) The term ‘‘agencies’’ means the Department of State, the Department of the Treasury, the Depart- ment of Defense, the Department of the Interior, the Department of Agriculture, the Department of Com- merce, the Department of Labor, the Department of Health and Human Services, the Department of Hous- ing and Urban Development, the Department of Trans- portation, the Department of Energy, the Department of Education, the Department of Veterans Affairs, the Department of Homeland Security, the Environmental Protection Agency, the Office of Management and Budget, the Office of the United States Trade Rep- resentative, the Office of Science and Technology Pol- icy, the Council on Environmental Quality, the Office of National Drug Control Policy, the Office of the Na- tional Cyber Director, the National Science Founda- tion, the National Aeronautics and Space Administra- tion, the Office of Personnel Management (OPM), the General Services Administration, and the Corporation for National and Community Service. (e) The term ‘‘participating agencies’’ means agencies led by the heads of agencies listed in section 3(b) of this order. (f) The term ‘‘interested agencies’’ means agencies as defined in subsection (d) of this section, the heads of which are not listed in section 3(b) of this order but that are interested in expanding the use of Registered Apprenticeships by either adding Registered Appren- ticeship criteria to grants or contracts or including Registered Apprenticeship career opportunities within their agency. (g) The term ‘‘Labor-Management Forum agencies’’ means all agencies subject to chapter 71 of title 5, United States Code. SEC. 3. Registered Apprenticeship Interagency Working Group. (a) There is established within the Executive Of- fice of the President the Registered Apprenticeship Interagency Working Group (Working Group). The function of the Working Group is to coordinate policy development with regard to Registered Apprenticeships and the effective implementation of this order. The Di- rector of the Office of Management and Budget, the As- sistant to the President for Economic Policy and Direc- tor of the National Economic Council, and the Assist- ant to the President and Director of the Domestic Pol- icy Council shall serve as Co-Chairs of the Working Group. The Secretary of Labor and the Director of OPM shall serve as Vice Chairs of the Working Group. (b) In addition to the Co-Chairs and Vice Chairs, the Working Group shall consist of the following members: (i) the Secretary of the Treasury; Page 28 TITLE 29—LABOR § 50 (ii) the Secretary of Defense; (iii) the Secretary of the Interior; (iv) the Secretary of Agriculture; (v) the Secretary of Commerce; (vi) the Secretary of Health and Human Services; (vii) the Secretary of Transportation; (viii) the Secretary of Energy; (ix) the Secretary of Education; (x) the Secretary of Veterans Affairs; (xi) the Secretary of Homeland Security; (xii) the Administrator of the Environmental Protec- tion Agency; (xiii) the Director of the Office of Science and Tech- nology Policy; (xiv) the Assistant to the President and Director of the Gender Policy Council; (xv) the National Cyber Director; (xvi) the Director of the National Science Founda- tion; (xvii) the Administrator of the National Aeronautics and Space Administration; (xviii) the Administrator of General Services; and (xix) the Chief Executive Officer of the Corporation for National and Community Service. The Co-Chairs may from time to time invite heads of interested agencies to participate in the Working Group. (c) The Working Group shall support the implementa- tion of this order by providing guidance and technical assistance to agencies. (d) The Working Group shall submit an initial report to the President within 180 days of the date of this order [Mar. 6, 2024]. This report shall contain: (i) initial findings and recommendations on potential opportunities for Registered Apprenticeship programs at participating and interested agencies, including an assessment of the need for new hiring and promotion authorities; (ii) initial findings and recommendations on the pro- motion of hiring and career advancement in the Fed- eral Government for individuals who have completed a Registered Apprenticeship; (iii) an assessment of how Registered Apprenticeships may enable agencies to address hiring needs and im- prove employee retention for roles that are important to the mission of participating agencies and the oper- ations of the Federal Government; and (iv) an assessment of how Registered Apprenticeships may expand equity and accessibility and provide path- ways into and up through Federal employment for indi- viduals in underserved communities. (e) The Working Group shall assist agencies, con- sistent with applicable law, in promoting and utilizing Registered Apprenticeships in Federal grant programs and procurement as described in section 4 of this order. To do so, the Working Group: (i) may consult with stakeholders from industry, edu- cation, labor, and other areas of society to assess de- mand for Registered Apprenticeships in specific occu- pations and sectors identified by the Working Group; (ii) shall review available data provided by the De- partment of Labor and other relevant agencies on a periodic basis to evaluate the prevalence and growth of Registered Apprenticeships in specific occupations and sectors identified by the Working Group; (iii) shall encourage the use of common reporting cri- teria to support agency data collection and measure- ment of the utilization of Registered Apprenticeships in grants and procurement, including, where permis- sible, data on demographics and occupation; (iv) shall collect information from participating agencies on best practices for the utilization of Reg- istered Apprenticeships in grants and contracts, includ- ing for expanding job quality, equity, and access to em- ployment for all individuals in underserved commu- nities, and, consistent with applicable law, shall report this information publicly to assist agencies in fulfilling their responsibilities under this order; (v) shall identify agency programs for which work- force development, including use of Registered Appren- ticeships, is an allowable use of funds; and (vi) shall identify agency programs for which grant- ees and contractors could be provided incentives, con- sistent with agency authorities, to adopt or expand Registered Apprenticeship programs for their workforces. SEC. 4. Procurement and Grants. (a) Agencies shall re- view their Federal financial assistance programs and procurement plans and identify where, as appropriate and consistent with applicable law, they could include requirements, application evaluation factors, or incen- tives in appropriate program documents or solicita- tions for grantees or contractors to employ workers on projects receiving Federal funding who are partici- pating in, or who have completed, either a Registered Apprenticeship or Pre-Apprenticeship. (b) Agencies shall, as appropriate and consistent with applicable law, apply the requirements, application evaluation factors, or incentives that they have identi- fied pursuant to the review conducted in subsection (a) of this section in appropriate program documents or so- licitations for grantees or contractors. Agencies may consult the Working Group for technical assistance and other appropriate support in these efforts. (c) Agencies shall annually report to the Working Group on the programs and solicitations that included the terms described in subsection (a) of this section and the awards and contracts that promoted the use of Reg- istered Apprenticeships and Pre-Apprenticeships pursu- ant to a requirement, application evaluation factor, or incentive. SEC. 5. Expanded Use of Registered Apprenticeships at Agencies. Based on recommendations from the initial report described in section 3(d) of this order and in con- sultation with the Working Group, agencies, as part of their strategic workforce planning, shall take steps to develop and expand the use of Registered Apprentice- ship programs, where practicable, to train and develop incumbent workers and candidates for employment to obtain the skills necessary to meet the current and emerging needs of the agency workforce. With respect to those programs: (a) Agencies shall identify, in consultation with OPM, existing authorities that can support both the hiring of new employees for Registered Apprenticeships and the training of incumbent workers through Registered Ap- prenticeship programs. (b) Based on recommendations from the initial report described in section 3(d) of this order and in consulta- tion with the Working Group, agencies shall identify top occupations, including those occupations for which the agency faces challenges in recruitment and train- ing, for which the agency may benefit from the use of Registered Apprenticeship programs. Any such actions shall be consistent with section 6 of Executive Order 14035 of June 25, 2021 (Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce) [42 U.S.C. 2000e note]. (c) Agencies shall develop outreach and recruitment strategies to attract individuals who may not other- wise have considered a Registered Apprenticeship pro- gram for Federal employment or advancement. (d) In consultation with Federal unions through Labor-Management Forums, agencies shall identify op- portunities for current Federal employees to access and benefit from a Registered Apprenticeship program. (e) Agencies shall establish training, mentorship, and career-development services within Registered Appren- ticeship programs to support employee development and retention. SEC. 6. Implementation of Labor-Management Forums Throughout the Executive Branch. (a) Executive Order 13812 of September 29, 2017 (Revocation of Executive Order Creating Labor-Management Forums) [revoking Ex. Ord. No. 13522, formerly set out as a note under sec- tion 7101 of Title 5, Government Organization and Em- ployees], is hereby revoked. (b) Each Labor-Management Forum agency, con- sistent with any guidance issued by OPM, shall: (i) establish Labor-Management Forums by creating joint labor-management committees or councils at the Page 29 TITLE 29—LABOR § 50c levels of recognition and other appropriate levels agreed to by the employee union and management, or by adapting existing councils or committees if such groups exist, to help identify problems and propose so- lutions to better serve the public and agency mission; (ii) allow employees and their union representatives to have pre-decisional involvement in workplace mat- ters, including consultation on Registered Apprentice- ship recommendations and discussions with manage- ment for the development of joint solutions to work- place challenges; and (iii) evaluate and document, in consultation with union representatives and any further guidance pro- vided by OPM, changes in employee satisfaction, man- ager satisfaction, and organizational performance re- sulting from the Labor-Management Forums. (c) Each head of a Labor-Management Forum agency for which there exists one or more exclusive represent- atives, as defined in 5 U.S.C. 7103(a)(16), shall, in con- sultation with union representatives, prepare and sub- mit to OPM, within 180 days of the date of this order [Mar. 6, 2024], a written implementation plan that ad- dresses the requirements of subsection (b) of this sec- tion. The Office of Personnel Management shall review each plan within 60 days of receipt and shall determine whether to certify that the plan satisfies the require- ments of this order and any further guidance issued by OPM. Upon certification, the head of each Labor-Man- agement Forum agency shall ensure that the certified plan is faithfully executed. Any plan that is determined by OPM to be insufficient shall be returned to the Labor-Management Forum agency with guidance for improvement, and the agency shall resubmit its revised plan to OPM within 30 days of receipt of the original plan from OPM. SEC. 7. General Provisions. (a) This order supersedes Executive Order 13522 of December 9, 2009 (Creating Labor-Management Forums to Improve Delivery of Government Services). (b) Nothing in this order shall abrogate any collective bargaining agreements in effect as of the date of this order. (c) Nothing in this order shall be construed to limit, preclude, or prohibit the head of any executive depart- ment or agency from electing to negotiate over any or all of the subjects set forth in 5 U.S.C. 7106(b)(1) in any negotiation. (d) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (e) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (f) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. J.R. BIDEN, JR. § 50a. Publication of information; national advi- sory committees The Secretary of Labor may publish informa- tion relating to existing and proposed labor standards of apprenticeship, and may appoint national advisory committees to serve without compensation. Such committees shall include representatives of employers, representatives of labor, educators, and officers of other executive departments, with the consent of the head of any such department. (Aug. 16, 1937, ch. 663, § 2, 50 Stat. 665.) § 50b. Appointment of employees The Secretary of Labor is authorized to ap- point such employees as he may from time to time find necessary for the administration of this chapter, with regard to existing laws appli- cable to the appointment and compensation of employees of the United States. (Aug. 16, 1937, ch. 663, § 3, 50 Stat. 665; July 12, 1943, ch. 221, title VII, 57 Stat. 518.) Editorial Notes CODIFICATION Proviso authorizing employment of certain persons in the division of apprentice training of National Youth Administration, was omitted in view of abolition of that agency by act July 12, 1943. Provision formerly in this section relieved National Youth Administration, after August 16, 1937, of respon- sibility for promotion of labor standards of apprentice- ship, and directed transfer of records and papers to De- partment of Labor. § 50c. Improved apprenticeship program coordi- nation between the Department of Labor and the Department of Veterans Affairs (a) Definitions In this Act: (1) Registered apprenticeship program The term ‘‘registered apprenticeship pro- gram’’ means an apprenticeship program reg- istered under the Act of August 16, 1937 (50 Stat. 664; commonly referred to as the ‘‘Na- tional Apprenticeship Act’’). (2) Secretary The term ‘‘Secretary’’ means the Secretary of Labor. (b) Additional registered apprenticeship pro- gram requirements Notwithstanding any other provision of law, for any program applying to become a registered apprenticeship program on or after the date that is 180 days after March 26, 2020, the Secretary shall— (1) acquire from the program sponsor a writ- ten assurance that the sponsor— (A) is aware of the availability of edu- cational assistance for a veteran or other in- dividual eligible under chapters 30 through 36 of title 38 for use in connection with a reg- istered apprenticeship program; (B) will make a good faith effort to obtain approval for educational assistance de- scribed in subparagraph (A) for, at a min- imum, each program location that employs or recruits a veteran or other individual eli- gible for educational assistance under chap- ters 30 through 36 of title 38; and (C) will not deny the application of a qualified candidate who is a veteran or other individual eligible for educational assistance described in subparagraph (A) for the pur- pose of avoiding making a good faith effort to obtain approval as described in subpara- graph (B); (2) in accordance with paragraphs (5) and (12) of section 29.5(b) of title 29, Code of Federal Regulations (as in effect on the day before