§ 49. — United States Employment Service established.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC49]
TITLE 29--LABOR
CHAPTER 4B--FEDERAL EMPLOYMENT SERVICE
Sec. 49. United States Employment Service established
In order to promote the establishment and maintenance of a national
system of public employment offices, the United States Employment
Service shall be established and maintained within the Department of
Labor.
(June 6, 1933, ch. 49, Sec. 1, 48 Stat. 113; Pub. L. 97-300, title VI,
Sec. 601(a), formerly title V, Sec. 501(a), Oct. 13, 1982, 96 Stat.
1392; renumbered title VI, Sec. 601(a), Pub. L. 100-628, title VII,
Sec. 712(a)(1), (2), Nov. 7, 1988, 102 Stat. 3248.)
Amendments
1982--Pub. L. 97-300 substituted ``the United States Employment
Service shall be established and maintained 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''.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-300 effective Oct. 1, 1983, but with
Secretary authorized to use funds appropriated for fiscal 1983 to plan
for orderly implementation 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, Sec. 16, formerly Sec. 15, as added by
Pub. L. 97-300, title VI, Sec. 601(h), formerly title V, Sec. 501(h),
Oct. 13, 1982, 96 Stat. 1397; renumbered title VI, Sec. 601(h), Pub. L.
100-628, title VII, Sec. 712(a)(1), (2), Nov. 7, 1988, 102 Stat. 3248;
renumbered Sec. 16, Pub. L. 105-220, title III, Sec. 309(1), Aug. 7,
1998, 112 Stat. 1082, provided that: ``This Act [enacting this chapter]
may be cited as the `Wagner-Peyser Act'.''
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 Office 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 Organization and Employees)
in hearing examiners employed by such Department, transferred to
Secretary of Labor, with power vested in him to authorize their
performance or performance of any of his functions by any of those
officers, agencies, and employees, by Reorg. Plan No. 6 of 1950,
Secs. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to
Title 5.
United States Employment Service transferred to Department of Labor,
functions of Federal Security Administrator with respect to employment
services, and Bureau of Employment Security transferred to Secretary of
Labor by Reorg. Plan No. 2 of 1949, Sec. 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 performed by Secretary of Labor or,
subject to his direction and control, by such officers, agencies, and
employees 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 Administrator and shall be performed by him or, under his
direction 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,
property, and records of the Department of Labor related to the United
States Employment Service, and the balances 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 Reorganization 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 reorganization 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, Sec. 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 offices and agencies, under one agency to be known as Federal
Security Agency with a Federal Security Administrator 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 administered 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, abolished 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 Service should be transferred
to, and exercised by, Federal Security Administrator.
Administration of Manpower in District of Columbia
Pub. L. 93-198, title II, Sec. 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 Secretary) 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 service in the States)
generally.''
Recruitment and Distribution of Farm Labor
Act July 3, 1948, ch. 823, Sec. 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 between places of employment within
the continental United States and return to the places of recruitment
not later than June 30, 1949.
Section 2 of act July 3, 1948, 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, Sec. 2, 61 Stat. 55, provided:
``(a) The provisions of the Farm Labor Supply Appropriation Act,
1944 (Public Law 229, Seventy-eighth Congress, second session, title I
[sections 1351 to 1355 of Appendix to Title 50, War and National
Defense]), as amended and supplemented, and as extended by this Act,
shall not be construed to limit or interfere with any of the functions
of the United States Employment Service or State public employment
services with respect to maintaining a farm placement service as
authorized under the Act of June 6, 1933 (48 Stat. 113) [this chapter].
``(b) The Secretary of Agriculture and the Secretary of Labor shall
take such action as may be necessary to assure maximum cooperation
between the agricultural extension services of the land-grant colleges
and the State public employment agencies in the recruitment and
placement of domestic farm labor and in the keeping of such records and
information with respect thereto as may be necessary for the proper and
efficient administration of the State unemployment compensation laws and
of title V of the Servicemen's Readjustment Act of 1944, as amended (58
Stat. 295).''
Section Referred to in Other Sections
This section is referred to in title 39 section 3202; title 42
section 655a.
