Page 15 TITLE 29—LABOR § 49f

PRIOR PROVISIONS

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

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 is classified to section 1591(i) of

this title.

SECTION REFERRED TO IN OTHER SECTIONS

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

title.

§ 49f. Percentage disposition of allotted funds

(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 private industry council 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 nonFederal 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 [20 U.S.C. 2301

et seq.].

(B) Section 123 [29 U.S.C. 1533], title II [29

U.S.C. 1601 et seq.], and title III [29 U.S.C. 1651

et seq.] of the Job Training Partnership Act.

(d) Performance of services and activities under

contract

In addition to the services and activities

otherwise authorized by this chapter, the United

States Employment Service 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 of

Labor or with any Federal, State, or local public

agency, or administrative entity under the Job

Training Partnership Act [29 U.S.C. 1501 et seq.],

or private nonprofit organization.

(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; renumbered title VI,

§601(c), Pub. L. 100–628, title VII, §712(a)(1), (2),

Nov. 7, 1988, 102 Stat. 3248; amended Pub. L.

101–392, §5(b), Sept. 25, 1990, 104 Stat. 759.)

REFERENCES IN TEXT

The Carl D. Perkins Vocational and Applied Technology Education Act, referred to in subsec. (c)(2)(A), is

Pub. L. 88–210, Dec. 18, 1963, 77 Stat. 403, as amended,

which is classified generally to chapter 44 (§2301 et seq.)

of Title 20, Education. For complete classification of

this Act to the Code, see Short Title note set out under

section 2301 of Title 20 and Tables.

The Job Training Partnership Act, referred to in subsecs. (c)(2)(B) and (d), is Pub. L. 97–300, Oct. 13, 1982, 96

Stat. 1322, as amended, which is classified generally to

chapter 19 (§1501 et seq.) of this title. Titles II and III

of the Act are classified generally to subchapters II

(§1601 et seq.) and III (§1651 et seq.), respectively, of

chapter 19 of this title. For complete classification of

this Act to the Code, see Short Title note set out under

section 1501 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,
§ 49g TITLE 29—LABOR Page 16

prior to repeal by act Sept. 8, 1950, ch. 933, §3, 64 Stat.

823.

AMENDMENTS

1990—Subsecs. (c), (d). Pub. L. 101–392 added subsec.

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

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 a note

under section 2301 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 is classified to section 1591(i) of

this title.

§ 49g. State plans

(a) Submission to Secretary of Labor

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.

(b) Plan preparation at State and national level

Prior to submission of such plans to the Secretary—

(1) the employment service shall develop

jointly with each appropriate private industry

council and chief elected official or officials

for the service delivery area (designated under

the Job Training Partnership Act [29 U.S.C.

1501 et seq.]) those components of such plans

applicable to such area;

(2) such plans shall be developed taking into

consideration proposals developed jointly by

the appropriate private industry council and

chief elected official or officials in the service

delivery area affected;

(3) such plans shall be transmitted to the

State job training coordinating council (established under such Act) which shall certify such

plans if it determines (A) that the components

of such plans have been jointly agreed to by

the employment service and appropriate private industry council and chief elected official

or officials; and (B) that such plans are consistent with the Governor’s coordination and

special services plan under the Job Training

Partnership Act [29 U.S.C. 1501 et seq.];

(4) if the State job training coordinating

council does not certify that such plans meet

the requirements of clauses (A) and (B) of

paragraph (3), such plans shall be returned to

the employment service for a period of thirty

days for it to consider, jointly with the appropriate private industry council and chief elected official or officials, the council’s recommendations for modifying such plans; and

(5) if the employment service and the appropriate private industry council and chief elected official or officials fail to reach agreement

upon such components of such plans to be submitted finally to the Secretary, such plans

submitted by the State agency shall be accompanied by such proposed modifications as may

be recommended by any appropriate disagreeing private industry council and chief elected

official or officials affected, and the State job

training coordinating council shall transmit

to the Secretary its recommendations for resolution thereof.

(c) Review by Governor

The Governor of the State shall be afforded

the opportunity to review and transmit to the

Secretary proposed modifications of such plans

submitted.

(d) 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.

(e) Approval by Secretary

If such 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.

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

ch. 655, §6(b), 68 Stat. 665; Pub. L. 97–300, title VI,

§601(d), formerly title V, §501(d), Oct. 13, 1982, 96

Stat. 1395; renumbered title VI, §601(d), Pub. L.

100–628, title VII, §712(a)(1), (2), Nov. 7, 1988, 102

Stat. 3248.)

REFERENCES IN TEXT

The Job Training Partnership Act, referred to in subsec. (b)(1), (3), is Pub. L. 97–300, Oct. 13, 1982, 96 Stat.

1322, as amended, which is classified generally to chapter 19 (§1501 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note

set out under section 1501 of this title and Tables.

AMENDMENTS

1982—Pub. L. 97–300, §601(d)(1), substituted ‘‘Secretary

of Labor’’ for ‘‘Director’’ wherever appearing.

Subsec. (a). Pub. L. 97–300, §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, §601(d)(5), added subsecs. (b) and (c).

Subsec. (d). Pub. L. 97–300, §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, §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 1982 AMENDMENT

Amendment by Pub. L. 97–300 effective Oct. 1, 1983,

but with Secretary authorized to use funds appro-