Notes on 29 U.S.C. § 49 : US Code - Notes

Search Notes on 29 U.S.C. § 49 : US Code - Notes

(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)."