§ 49b. — Duties of Secretary.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC49b]
TITLE 29--LABOR
CHAPTER 4B--FEDERAL EMPLOYMENT SERVICE
Sec. 49b. Duties of Secretary
(a) Assistance to State public employment services
The Secretary shall assist in coordinating the State public
employment services 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 States.
(b) Provision of unemployment compensation information
It shall be the duty of the Secretary to assure that unemployment
insurance and employment service offices in each State, as appropriate,
upon request of a public agency administering or supervising the
administration of a State program funded under part A of title IV of the
Social Security Act [42 U.S.C. 601 et seq.], 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 [42 U.S.C. 651 et
seq.], 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 seq.), shall (and, notwithstanding any other provision of law, is
authorized to) furnish to such agency making the request, from any data
contained in the files of any such office, information with respect to
any individual specified in the request as to (1) 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, (2) the current (or most recent) home
address of such individual, and (3) whether such individual has refused
an offer of employment and, if so, a description of the employment so
offered and the terms, conditions, and rate of pay therefor.
(c) Public labor exchange services
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.
(June 6, 1933, ch. 49, Sec. 3, 48 Stat. 114; Sept. 8, 1950, ch. 933,
Sec. 1, 64 Stat. 822; Aug. 3, 1954, ch. 655, Sec. 6(a), 68 Stat. 665;
Aug. 1, 1956, ch. 852, Sec. 17(a), 70 Stat. 910; Pub. L. 86-624,
Sec. 21(a), July 12, 1960, 74 Stat. 417; Pub. L. 93-198, title II,
Sec. 204(c), Dec. 24, 1973, 87 Stat. 783; Pub. L. 94-566, title V,
Sec. 508(a), Oct. 20, 1976, 90 Stat. 2689; 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; Pub. L. 99-198, title
XV, Sec. 1535(b)(2), Dec. 23, 1985, 99 Stat. 1584; Pub. L. 104-193,
title I, Sec. 110(m), Aug. 22, 1996, 110 Stat. 2173; Pub. L. 105-220,
title III, Secs. 302(a), 310, Aug. 7, 1998, 112 Stat. 1080, 1086.)
References in Text
The Social Security Act, referred to in subsec. (b), is act Aug. 14,
1935, ch. 531, 49 Stat. 620, as amended. Part A of title IV of the
Social Security Act is classified generally to part A (Sec. 601 et seq.)
of subchapter IV of chapter 7 of Title 42, The Public Health and
Welfare. Part D of title IV of such Act is classified generally to part
D (Sec. 651 et seq.) of subchapter IV of chapter 7 of Title 42. For
complete classification of this Act to the Code, see section 1305 of
Title 42 and Tables.
The Food Stamp Act of 1977, referred to in subsec. (b), is Pub. L.
88-525, Aug. 31, 1964, 78 Stat. 703, as amended, which is classified
generally to chapter 51 (Sec. 2011 et seq.) of Title 7, Agriculture. For
complete classification of this Act to the Code, see Short Title note
set out under section 2011 of Title 7 and Tables.
Amendments
1998--Subsec. (a). Pub. L. 105-220, Sec. 302(a)(1), substituted
``Secretary'' for ``United States Employment Service''.
Subsec. (b). Pub. L. 105-220, Sec. 310, substituted ``Secretary''
for ``Secretary of Labor''.
Subsec. (c). Pub. L. 105-220, Sec. 302(a)(2), added subsec. (c).
1996--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''.
1985--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.
1982--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''.
1976--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.
1973--Subsec. (a). Pub. L. 93-198, Sec. 204(c)(1), struck out
function of maintaining a public employment service for the District of
Columbia from the functions of the bureau.
Subsec. (b). Pub. L. 93-198, Sec. 204(c)(2), included District of
Columbia in definition of ``State'' or ``States''.
1960--Subsec. (b). Pub. L. 86-624 struck out ``Hawaii, Alaska,''
before ``Puerto Rico''.
1956--Subsec. (b). Act Aug. 1, 1956, inserted ``Guam'' after
``Puerto Rico''.
1954--Subsec. (a). Act Aug. 3, 1954, inserted provisions relating to
employment counseling and placement services for handicapped persons.
1950--Subsec. (b). Act Sept. 8, 1950, included Puerto Rico and
Virgin Islands in definition of ``State'' or ``States''.
Effective Date of 1998 Amendment
Amendment by Pub. L. 105-220 effective July 1, 1999, see section 311
of Pub. L. 105-220, set out as a note under section 49a of this title.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104-193 effective July 1, 1997, with transition
rules relating to State options to accelerate such date, rules relating
to claims, actions, and proceedings commenced before such date, rules
relating to closing out of accounts for terminated or substantially
modified programs and continuance in office of Assistant Secretary for
Family Support, and provisions relating to termination of entitlement
under AFDC program, see section 116 of Pub. L. 104-193, as amended, set
out as an Effective Date note under section 601 of Title 42, The Public
Health and Welfare.
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.
Effective Date of 1973 Amendment
Section 771(b) of Pub. L. 93-198 provided in part that title II of
Pub. L. 93-198 [amending this section and section 50 of this title and
enacting provisions set out as notes under section 49 of this title and
section 8101 of Title 5, Government Organization and Employees], shall
take effect on July 1, 1974.
Effective Date of 1954 Amendment
Section 8 of act Aug. 3, 1954, provided that: ``The amendments made
by this Act [enacting section 107e-1 of Title 20, Education, and
amending this section, sections 31 to 41, 42, and 49g of this title,
sections 107, 107a, 107b, 107e, and 107f of Title 20, and section 155a
of former Title 36, Patriotic Societies and Observances] shall become
effective July 1, 1954.''
Section Referred to in Other Sections
This section is referred to in section 49a of this title; title 7
section 2022; title 39 section 3202; title 42 section 603a.
