§ 49f. — Percentage disposition of allotted funds.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC49f]
TITLE 29--LABOR
CHAPTER 4B--FEDERAL EMPLOYMENT SERVICE
Sec. 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 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) 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 non-Federal sources.
(2) For purposes of this subsection, the term ``applicable program''
means any workforce investment activity carried out under the Workforce
Investment Act of 1998.
(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 Investment Act of
1998, or private nonprofit organization.
(e) Provision of services as part of one-stop delivery system
All job search, placement, recruitment, labor employment statistics,
and other labor exchange services authorized under subsection (a) of
this section shall be provided, consistent with the other requirements
of this chapter, as part of the one-stop delivery system established by
the State.
(June 6, 1933, ch. 49, Sec. 7, as added Pub. L. 97-300, title VI,
Sec. 601(c), formerly title V, Sec. 501(c), Oct. 13, 1982, 96 Stat.
1394; renumbered title VI, Sec. 601(c), Pub. L. 100-628, title VII,
Sec. 712(a)(1), (2), Nov. 7, 1988, 102 Stat. 3248; amended Pub. L. 101-
392, Sec. 5(b), Sept. 25, 1990, 104 Stat. 759; Pub. L. 105-220, title
III, Secs. 305, 310, Aug. 7, 1998, 112 Stat. 1081, 1086.)
References in Text
The Workforce Investment Act of 1998, referred to in subsecs. (c)(2)
and (d), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as amended.
For complete classification of this Act to the Code, see Short Title
note set out under section 9201 of Title 20, Education, and Tables.
Prior Provisions
A prior section 49f, act June 6, 1933, ch. 49, Sec. 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, Sec. 3, 64 Stat. 823.
Amendments
1998--Subsec. (b)(2). Pub. L. 105-220, Sec. 305(1), substituted
``local workforce investment board'' for ``private industry council''.
Subsec. (c)(2). Pub. L. 105-220, Sec. 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, Sec. 310, substituted ``Secretary or
with'' for ``Secretary of Labor or with''.
Pub. L. 105-220, Sec. 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, Sec. 305(4), added subsec. (e).
1990--Subsecs. (c), (d). Pub. L. 101-392 added subsec. (c) and
redesignated former subsec. (c) as (d).
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 1990 Amendment
Amendment by Pub. L. 101-392 effective July 1, 1991, 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 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 was formerly
classified to section 1591(i) of this title.
