
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
