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119th Congress

Title 29 — Labor

Chapter 4B — Federal Employment Service

§ 49f. Percentage disposition of allotted funds

Statutory text

(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 unemployment insurance claimants, 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;

(F)

administering the work test for the State unemployment compensation system, including making eligibility assessments, and providing job finding and placement services for unemployment insurance claimants; and

(G)

providing unemployment insurance claimants with referrals to, and application assistance for, training and education resources and programs, including Federal Pell Grants under subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.), educational assistance under chapter 30 of title 38 (commonly referred to as the Montgomery GI Bill), and chapter 33 of that title (Post-9/11 Veterans Educational Assistance), student assistance under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), State student higher education assistance, and training and education programs provided under titles I and II of the Workforce Innovation and Opportunity Act [29 U.S.C. 3111 et seq., 3271 et seq.], and title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.).

(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 the performance accountability measures that are based on indicators described in section 116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act [29 U.S.C. 3141(b)(2)(A)(i)], 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 offices 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), and models for enhancing professional development and career advancement opportunities of State agency staff, as described in section 49b(c)(4) of this title.

(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 Innovation and Opportunity Act.

(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 Innovation and Opportunity Act, or private nonprofit organization.

(e)

Provision of services as part of one-stop delivery system

All job search, placement, recruitment, workforce and labor market information, and other labor exchange services authorized under subsection (a) shall be provided, consistent with the other requirements of this chapter, as part of the one-stop delivery system established by the State.

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. Job Training Partnership Act

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

    Enacted · 29 U.S.C. § 49f

    June 6, 1933, ch. 49, § 7, as added Pub. L. 97–300, title VI, § 601(c), formerly title V, § 501(c), Oct. 13, 1982, 96 Stat. 1394

    Source evidence

    Code source credit
    June 6, 1933, ch. 49, § 7, as added Pub. L. 97–300, title VI, § 601(c), formerly title V, § 501(c), Oct. 13, 1982, 96 Stat. 1394

  2. Carl D. Perkins Vocational and Applied Technology Education Act Amendments of 1990

    Pub. L. 101–392 § 5(b) · 104 Stat. 753

    1. Added · 29 U.S.C. § 49f(c); 29 U.S.C. § 49f(d)

      Pub. L. 101–392 added subsec. (c)

    2. Redesignated · 29 U.S.C. § 49f(c); 29 U.S.C. § 49f(d)

      Pub. L. 101–392 redesignated former subsec. (c) as (d)

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 101–392 added subsec. (c) and redesignated former subsec. (c) as (d).

    Enacted provision · exact public law section
    (b) WagnerPeyser Act.— Section 7 of the WagnerPeyser Act (29 U.S.C. 49f) is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection: “(c) (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 Act and the requirements of the applicable program; “(B) such program serves the same individuals that are served under this Act; “(C) such program provides services in a coordinated manner with services provided under this Act; and “(D) such funds would be used to supplement, and not sup-plant, funds provided from non-Federal sources. “(2) For purposes of this subsection, the term ‘applicable program’ means 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.”.

  3. Workforce Investment Act of 1998

    Pub. L. 105–220 § 305(1) · 112 Stat. 936

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

    Pub. L. 105–220, § 305(1), substituted “local workforce investment board” for “private industry council”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 105–220, § 305(1), substituted “local workforce investment board” for “private industry council”.

    Enacted provision · exact public law section
    (1) in subsection (b)(2), by striking “private industry council” and inserting “local workforce investment board”;

  4. Workforce Investment Act of 1998

    Pub. L. 105–220 § 305(2) · 112 Stat. 936

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

    Pub. L. 105–220, § 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:

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 105–220, § 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.”

    Enacted provision · exact public law section
    (2) in subsection (c)(2), by striking “any program under” and all that follows and inserting “any workforce investment activity carried out under the Workforce Investment Act of1998.”;

  5. Workforce Investment Act of 1998

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

    Substituted · 29 U.S.C. § 49f(d)

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

    Source evidence

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

    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”.

  6. Workforce Investment Act of 1998

    Pub. L. 105–220 § 305(3) · 112 Stat. 936

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

      Pub. L. 105–220, § 305(3), substituted “Secretary or any State” for “United States Employment Service or any State”

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

      Pub. L. 105–220, § 305(3), substituted “Workforce Investment Act of 1998” for “Job Training Partnership Act”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 105–220, § 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”.

    Enacted provision · exact public law section
    (3) in subsection (d)— (A) by striking “United States Employment Service” and inserting “Secretary”; and (B) by striking “Job Training Partnership Act” and inserting “Workforce Investment Act of 1998”; and

  7. Workforce Investment Act of 1998

    Pub. L. 105–220 § 305(4) · 112 Stat. 936

    Added · 29 U.S.C. § 49f(e)

    Pub. L. 105–220, § 305(4), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 105–220, § 305(4), added subsec. (e).

    Enacted provision · exact public law section
    (4) by adding at the end the following: “(e) All job search, placement, recruitment, labor employment statistics, and other labor exchange services authorized under subsection (a) shall be provided, consistent with the other requirements of this Act, as part of the one-stop delivery system established by the State.”.

  8. Workforce Innovation and Opportunity Act

    Pub. L. 113–128 § 305(a) · 128 Stat. 1425

    Inserted · 29 U.S.C. § 49f(a)(1)

    Pub. L. 113–128, § 305(a), inserted “, including unemployment insurance claimants,” after “seekers”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 113–128, § 305(a), inserted “, including unemployment insurance claimants,” after “seekers”.

    Enacted provision · exact public law section
    (a) Improved Coordination.— Section 7(a)(1) of the Wagner-Peyser Act (29 U.S.C. 49f(a)(1)) is amended by inserting “, including unemployment insurance claimants,” after “seekers”.

    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.

  9. Workforce Innovation and Opportunity Act

    Pub. L. 113–128 § 305(b)(2)(A) · 128 Stat. 1425

    Inserted · 29 U.S.C. § 49f(a)(3)(F)

    Pub. L. 113–128, § 305(b)(2)(A), inserted “, including making eligibility assessments,” after “system”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(F). Pub. L. 113–128, § 305(b)(2)(A), inserted “, including making eligibility assessments,” after “system”.

    Enacted provision · exact public law section
    (A) by inserting “, including making eligibility assessments,” after “system”; 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.

  10. Workforce Innovation and Opportunity Act

    Pub. L. 113–128 § 305(b)(1) · 128 Stat. 1425

    Added · 29 U.S.C. § 49f(a)(3)(G)

    Pub. L. 113–128, § 305(b)(1), (2)(B), (3), added subpar. (G)

    Source evidence

    Code amendment note
    Subsec. (a)(3)(G). Pub. L. 113–128, § 305(b)(1), (2)(B), (3), added subpar. (G).

    Enacted provision · exact public law section
    (1) by striking “and” at the end of subparagraph (E);

    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.

  11. Workforce Innovation and Opportunity Act

    Pub. L. 113–128 § 305(c)(1) · 128 Stat. 1425

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

    Pub. L. 113–128, § 305(c)(1), substituted “the performance accountability measures that are based on indicators described in section 116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act” for “performance standards established by the Secretary”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 113–128, § 305(c)(1), substituted “the performance accountability measures that are based on indicators described in section 116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act” for “performance standards established by the Secretary”.

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking “performance standards established by the Secretary” and inserting “the performance accountability measures that are based on indicators described in section 116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act”;

    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.

  12. Workforce Innovation and Opportunity Act

    Pub. L. 113–128 § 305(c)(2) · 128 Stat. 1425

    Inserted · 29 U.S.C. § 49f(b)(2)

    Pub. L. 113–128, § 305(c)(2), inserted “offices” after “employment service”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 113–128, § 305(c)(2), inserted “offices” after “employment service”.

    Enacted provision · exact public law section
    (2) in paragraph (2), by inserting “offices” after “employment service”; 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.

  13. Workforce Innovation and Opportunity Act

    Pub. L. 113–128 § 305(c)(3) · 128 Stat. 1425

    Inserted · 29 U.S.C. § 49f(b)(3)

    Pub. L. 113–128, § 305(c)(3), inserted “, and models for enhancing professional development and career advancement opportunities of State agency staff, as described in section 49b(c)(4) of this title” after “subsection (a)”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 113–128, § 305(c)(3), inserted “, and models for enhancing professional development and career advancement opportunities of State agency staff, as described in section 49b(c)(4) of this title” after “subsection (a)”.

    Enacted provision · exact public law section
    (3) in paragraph (3), by inserting “, and models for enhancing professional development and career advancement opportunities of State agency staff, as described in section 3(c)(4)” after “subsection (a)”.

    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.

  14. Workforce Innovation and Opportunity Act

    Pub. L. 113–128 § 305(d) · 128 Stat. 1425

    Substituted · 29 U.S.C. § 49f(c)(2); 29 U.S.C. § 49f(c)(d)

    Pub. L. 113–128, § 305(d), substituted “the Workforce Innovation and Opportunity Act” for “the Workforce Investment Act of 1998”

    Source evidence

    Code amendment note
    Subsecs. (c)(2), (d). Pub. L. 113–128, § 305(d), substituted “the Workforce Innovation and Opportunity Act” for “the Workforce Investment Act of 1998”.

    Enacted provision · exact public law section
    (d) Providing Additional Funds.— Subsections (c)(2) and (d) of section 7 of the Wagner-Peyser Act (29 U.S.C. 49f) are amended by striking “the Workforce Investment Act of 1998” and inserting “the Workforce Innovation and Opportunity Act”.

    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.

  15. Workforce Innovation and Opportunity Act

    Pub. L. 113–128 § 305(e) · 128 Stat. 1425

    Substituted · 29 U.S.C. § 49f(e)

    Pub. L. 113–128, § 305(e), substituted “workforce and labor market information” for “labor employment statistics”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 113–128, § 305(e), substituted “workforce and labor market information” for “labor employment statistics”.

    Enacted provision · exact public law section
    (e) Conforming Amendment.— Section 7(e) of the Wagner-Peyser Act (29 U.S.C. 49f(e)) is amended by striking “labor employment statistics” and inserting “workforce and labor market information”.

    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 17 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

The Higher Education Act of 1965, referred to in subsec. (a)(3)(G), is Pub. L. 89–329, , 79 Stat. 1219. Title IV of the Act is classified generally to subchapter IV (§ 1070 et seq.) of chapter 28 of Title 20, Education. Subpart 1 of part A of title IV of the Act is classified generally to subpart 1 (§ 1070a et seq.) of part A of subchapter IV of chapter 28 of Title 20. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables.

The Workforce Innovation and Opportunity Act, referred to in subsecs. (a)(3)(G), (c)(2), and (d), is Pub. L. 113–128, , 128 Stat. 1425, which enacted chapter 32 (§ 3101 et seq.) of this title, repealed chapter 30 (§ 2801 et seq.) of this title and chapter 73 (§ 9201 et seq.) of Title 20, Education, and made conforming amendments to numerous other sections and notes in the Code. Titles I and II of the Act are classified generally to subchapters I (§ 3111 et seq.) and II (§ 3271 et seq.), respectively, of chapter 32 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables.

The Rehabilitation Act of 1973, referred to in subsec. (a)(3)(G), is Pub. L. 93–112, , 87 Stat. 355. Title I of the Act is classified generally to subchapter I (§ 720 et seq.) of chapter 16 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 701 of this title and Tables.

Prior Provisions

A prior section 49f, act June 6, 1933, ch. 49, § 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, § 3, 64 Stat. 823.

Amendments1990–2014 · 3 rounds

2014

Subsec. (a)(1). Pub. L. 113–128, § 305(a), inserted “, including unemployment insurance claimants,” after “seekers”.

Subsec. (a)(3)(F). Pub. L. 113–128, § 305(b)(2)(A), inserted “, including making eligibility assessments,” after “system”.

Subsec. (a)(3)(G). Pub. L. 113–128, § 305(b)(1), (2)(B), (3), added subpar. (G).

Subsec. (b)(1). Pub. L. 113–128, § 305(c)(1), substituted “the performance accountability measures that are based on indicators described in section 116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act” for “performance standards established by the Secretary”.

Subsec. (b)(2). Pub. L. 113–128, § 305(c)(2), inserted “offices” after “employment service”.

Subsec. (b)(3). Pub. L. 113–128, § 305(c)(3), inserted “, and models for enhancing professional development and career advancement opportunities of State agency staff, as described in section 49b(c)(4) of this title” after “subsection (a)”.

Subsecs. (c)(2), (d). Pub. L. 113–128, § 305(d), substituted “the Workforce Innovation and Opportunity Act” for “the Workforce Investment Act of 1998”.

Subsec. (e). Pub. L. 113–128, § 305(e), substituted “workforce and labor market information” for “labor employment statistics”.

1998

Subsec. (b)(2). Pub. L. 105–220, § 305(1), substituted “local workforce investment board” for “private industry council”.

Subsec. (c)(2). Pub. L. 105–220, § 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, § 310, substituted “Secretary or with” for “Secretary of Labor or with”.

Pub. L. 105–220, § 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, § 305(4), added subsec. (e).

1990

Subsecs. (c), (d). Pub. L. 101–392 added subsec. (c) and redesignated former subsec. (c) as (d).

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 (), 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 Amendment

Amendment by Pub. L. 105–220 effective , see section 311 of Pub. L. 105–220, formerly set out as a note under section 49a of this title.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–392 effective , 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 , 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.

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.

Credits

1933–2014 · 5 acts
  1. 1933June 6, 1933, ch. 49, § 7, as added Pub. L. 97–300, title VI, § 601(c), formerly title V, § 501(c), , 96 Stat. 1394
  2. 1988renumbered title VI, § 601(c), Pub. L. 100–628, title VII, § 712(a)(1), (2), , 102 Stat. 3248
  3. 1990amended Pub. L. 101–392, § 5(b), , 104 Stat. 759
  4. 1998Pub. L. 105–220, title III, §§ 305, 310, , 112 Stat. 1081, 1086
  5. 2014Pub. L. 113–128, title III, § 305, , 128 Stat. 1626.
Show as published

(June 6, 1933, ch. 49, § 7, as added Pub. L. 97–300, title VI, § 601(c), formerly title V, § 501(c), , 96 Stat. 1394; renumbered title VI, § 601(c), Pub. L. 100–628, title VII, § 712(a)(1), (2), , 102 Stat. 3248; amended Pub. L. 101–392, § 5(b), , 104 Stat. 759; Pub. L. 105–220, title III, §§ 305, 310, , 112 Stat. 1081, 1086; Pub. L. 113–128, title III, § 305, , 128 Stat. 1626.)

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