§ 49b. Duties of Secretary

Footnotes

1. 1 So in original.
2. 2 So in original. The period probably should be “; and”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1933

   Pub. L. 73–49 § 3 · 48 Stat. 113

   Enacted · 29 U.S.C. § 49b

   June 6, 1933, ch. 49, § 3, 48 Stat. 114

   Source evidence

   Code source credit
   June 6, 1933, ch. 49, § 3, 48 Stat. 114

   Enacted provision · exact public law section
   Sec. 3. (a) It shall be the province and duty of the bureau to promote and develop a national system of employment offices for men, women, and juniors who are legally qualified to engage in Veterans agencies. gainful occupations, to maintain a veterans’ service to be devoted to securing employment for veterans, to maintain a farm placement service, to maintain a public employment service for the District of Columbia and, in the manner hereinafter provided, to assist in establishing and maintaining systems of public employment offices in the several States and the political subdivisions thereof in which To assist in coordinating employment offices, etc. there shall be located a veterans’ employment service. The bureau shall also assist in coordinating the public employment offices 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 several States. (b) Whenever in this Act the word “State” or “States” is used it shall be understood to include the Territories of Hawaii and Alaska.

2. 1950

   Public Law not identified

   Changed · 29 U.S.C. § 49b(b)

   Subsec. (b). Act Sept. 8, 1950, included Puerto Rico and Virgin Islands in definition of “State” or “States”

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (b). Act Sept. 8, 1950, included Puerto Rico and Virgin Islands in definition of “State” or “States”.

3. 1954

   Public Law not identified

   Inserted · 29 U.S.C. § 49b(a)

   Subsec. (a). Act Aug. 3, 1954, inserted provisions relating to employment counseling and placement services for handicapped persons

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (a). Act Aug. 3, 1954, inserted provisions relating to employment counseling and placement services for handicapped persons.

4. 1956

   Public Law not identified

   Inserted · 29 U.S.C. § 49b(b)

   Subsec. (b). Act Aug. 1, 1956, inserted “Guam” after “Puerto Rico”

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (b). Act Aug. 1, 1956, inserted “Guam” after “Puerto Rico”.

5. 1960

   Hawaii Omnibus Act

   Pub. L. 86–624 § 21(a) · 74 Stat. 411

   Struck · 29 U.S.C. § 49b(b)

   Pub. L. 86–624 struck out “Hawaii, Alaska,” before “Puerto Rico”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 86–624 struck out “Hawaii, Alaska,” before “Puerto Rico”.

   Enacted provision · exact public law section
   (a) Section 3(b) of the Act of June 6, 1933 (48 Stat. 114), 29 USC 49b. as amended, is further amended by striking out the words “Hawaii, Alaska”.

6. 1973

   Pub. L. 93–198 § 204(c)(1) · 87 Stat. 774

   Struck · 29 U.S.C. § 49b(a)

   Pub. L. 93–198, § 204(c)(1), struck out function of maintaining a public employment service for the District of Columbia from the functions of the bureau

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 93–198, § 204(c)(1), struck out function of maintaining a public employment service for the District of Columbia from the functions of the bureau.

   Enacted provision · exact public law section
   (1) Section 3(a) of the Act 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 .S.C. 49b(a)), is amended by striking out “to maintain a public employment service for the District of Columbia”.

7. 1973

   Pub. L. 93–198 § 204(c)(2) · 87 Stat. 774

   Changed · 29 U.S.C. § 49b(b)

   Pub. L. 93–198, § 204(c)(2), included District of Columbia in definition of “State” or “States”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 93–198, § 204(c)(2), included District of Columbia in definition of “State” or “States”.

   Enacted provision · exact public law section
   (2) Section 3(b) of such Act (29 U.S.C. 49b(b)) is amended by 70 Stat. 910. inserting “the District of Columbia,” immediately after “Guam,”.

8. 1976

   Unemployment Compensation Amendments of 1976

   Pub. L. 94–566 title V § 508(a) · 90 Stat. 2667

   Changed · 29 U.S.C. § 49b(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (a) In General.— Section 3(a) of the Act 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. 49b(a)), is amended by adding at the end thereof the following new sentence: “It shall be the further duty of the bureau to assure that such 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 42 USC 601 et seq. 42 USC 651 et seq. charged with any duty or responsibility under any program or activity authorized or required under part D of title IV of such Act, shall (and, notwithstanding any other provision of law, is hereby authorized to) 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 (A) 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, (B) the current (or most recent) home address of such individual, and (C) 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.”.

9. 1982

   Job Training Partnership Act

   Pub. L. 97–300 title VI § 601(a) · 96 Stat. 1322

   1. Amended · 29 U.S.C. § 49b

      Pub. L. 97–300, amended section generally

   2. Substituted · 29 U.S.C. § 49b

      Pub. L. 97–300, 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”

   Source evidence

   Code amendment note
   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”.

10. 1985

    Food Security Act of 1985

    Pub. L. 99–198 title XV § 1535(b)(2) · 99 Stat. 1354

    Inserted · 29 U.S.C. § 49b(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (2) Section 3(b) of the Wagner-Peyser Act (29 U.S.C. 49b(b)) is amended by— (A) striking out “or” the second place it appears and inserting in lieu thereof a comma; and (B) inserting after “such Act,” the following: “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 sec.)”

11. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 title I § 110(m) · 110 Stat. 2105

    Substituted · 29 U.S.C. § 49b(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (m) Section 3(b) of the Wagner-Peyser Act (29 U.S.C. 49b(b)) is amended by striking “State plan approved under part A of title IV” and inserting “State program funded under part A of title IV”.

12. 1998

    Workforce Investment Act of 1998

    Pub. L. 105–220 § 302(a)(1) · 112 Stat. 936

    Substituted · 29 U.S.C. § 49b(a)

    Pub. L. 105–220, § 302(a)(1), substituted “Secretary” for “United States Employment Service”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 105–220, § 302(a)(1), substituted “Secretary” for “United States Employment Service”.

    Enacted provision · exact public law section
    (1) in subsection (a), by striking “United States Employment Service” and inserting “Secretary”; and

13. 1998

    Workforce Investment Act of 1998

    Pub. L. 105–220 § 310 · 112 Stat. 936

    Substituted · 29 U.S.C. § 49b(b)

    Pub. L. 105–220, § 310, substituted “Secretary” for “Secretary of Labor”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 105–220, § 310, substituted “Secretary” for “Secretary of Labor”.

    Enacted provision · exact public law section
    SEC. 310. TECHNICAL AMENDMENTS. Sections 3(b), 6(b)(1), and 7(d) of the Wagner-Peyser Act (29U.S.C. 49b(b), 49e(b)(1), and 49f(d)) are amended by striking “Secretary of Labor” and inserting “Secretary”.

14. 1998

    Workforce Investment Act of 1998

    Pub. L. 105–220 § 302(a)(2) · 112 Stat. 936

    Added · 29 U.S.C. § 49b(c)

    Pub. L. 105–220, § 302(a)(2), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 105–220, § 302(a)(2), added subsec. (c).

    Enacted provision · exact public law section
    (2) by adding at the end the following: “(c) 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.”

15. 2008

    Food, Conservation, and Energy Act of 2008

    Pub. L. 110–246 § 4002(b)(1)(A) · 122 Stat. 1651

    1. Substituted · 29 U.S.C. § 49b(b)

       Pub. L. 110–246, § 4002(b)(1)(A), (B), (2)(Q), which directed amendment of the “Wagner-Peysner Act” by substituting “supplemental nutrition assistance program” for “food stamp program” wherever appearing, was executed by making the substitutions in subsec. (b) of this section, which is section 3 of the Wagner-Peyser Act, to reflect the probable intent of Congress

    2. Substituted · 29 U.S.C. § 49b(b)

       Pub. L. 110–246, § 4002(b)(1)(A), (B), (2)(Q), which directed amendment of the “Wagner-Peysner Act” by substituting “Food and Nutrition Act of 2008” for “Food Stamp Act of 1977” wherever appearing, was executed by making the substitutions in subsec. (b) of this section, which is section 3 of the Wagner-Peyser Act, to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 110–246, § 4002(b)(1)(A), (B), (2)(Q), which directed amendment of the “Wagner-Peysner Act” by substituting “supplemental nutrition assistance program” for “food stamp program” wherever appearing and “Food and Nutrition Act of 2008” for “Food Stamp Act of 1977” wherever appearing, was executed by making the substitutions in subsec. (b) of this section, which is section 3 of the Wagner-Peyser Act, to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (A) by striking “food stamp program” each place it appears and inserting “supplemental nutrition assistance program”;

16. 2014

    Workforce Innovation and Opportunity Act

    Pub. L. 113–128 § 303(a) · 128 Stat. 1425

    Substituted · 29 U.S.C. § 49b(a)

    Pub. L. 113–128, § 303(a), substituted “service offices” for “services”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 113–128, § 303(a), substituted “service offices” for “services”.

    Enacted provision · exact public law section
    (a) Coordination.— Section 3(a) of the Wagner-Peyser Act (29 U.S.C. 49b(a)) is amended by striking “services” and inserting “service offices”.

    Effective date note
    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.

17. 2014

    Workforce Innovation and Opportunity Act

    Pub. L. 113–128 § 303(b)(1) · 128 Stat. 1425

    Substituted · 29 U.S.C. § 49b(c)(2)

    Pub. L. 113–128, § 303(b)(1), substituted “, and identify and disseminate information on best practices for such system; and” for semicolon

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 113–128, § 303(b)(1), substituted “, and identify and disseminate information on best practices for such system; and” for semicolon.

    Enacted provision · exact public law section
    (1) in paragraph (2), by striking the semicolon and inserting “, and identify and disseminate information on best practices for such system; and”; and

    Effective date note
    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.

18. 2014

    Workforce Innovation and Opportunity Act

    Pub. L. 113–128 § 303(b)(2) · 128 Stat. 1425

    Added · 29 U.S.C. § 49b(c)(4)

    Pub. L. 113–128, § 303(b)(2), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 113–128, § 303(b)(2), added par. (4).

    Enacted provision · exact public law section
    (2) by adding at the end the following: “(4) in coordination with the State agencies and the staff of such agencies, assist in the planning and implementation of activities to enhance the professional development and career advancement opportunities of such staff, in order to strengthen the provision of a broad range of career guidance services, the identification of job openings (including providing intensive outreach to small and medium-sized employers and enhanced employer services), the provision of technical assistance and training to other providers of workforce development activities (including workplace learning advisors) relating to counseling and employment-related services, and the development of new strategies for coordinating counseling and technology.” .

    Effective date note
    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.

19. 2014

    Workforce Innovation and Opportunity Act

    Pub. L. 113–128 § 303(c) · 128 Stat. 1425

    Added · 29 U.S.C. § 49b(d); 29 U.S.C. § 49b(e)

    Pub. L. 113–128, § 303(c), added subsecs. (d) and (e)

    Source evidence

    Code amendment note
    Subsecs. (d), (e). Pub. L. 113–128, § 303(c), added subsecs. (d) and (e).

    Enacted provision · exact public law section
    (c) One-stop Centers.— Section 3 of the Wagner-Peyser Act (29 U.S.C. 49b) is amended by inserting after subsection (c) the following: “(d) In order to improve service delivery, avoid duplication of services, and enhance coordination of services, including location of staff to ensure access to services under section 7(a) statewide in underserved areas, employment service offices in each State shall be colocated with one-stop centers. “(e) The Secretary, in consultation with States, is authorized to assist the States in the development of national electronic tools that may be used to improve access to workforce information for individuals through— “(1) the one-stop delivery systems established as described in section 121(e) of the Workforce Innovation and Opportunity Act; and “(2) such other delivery systems as the Secretary determines to be appropriate.” .

    Effective date note
    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.

16 of 21 references resolved to an enrolled provision · 2 partial · 3 unresolved