29 U.S.C. § 49f | Percentage disposition of allotted funds

(a)

Use of 90 percent of funds allotted

section 49e of this titleNinety percent of the sums allotted to each State pursuant to may be used—

(1)

for job search and placement services to job seekers, including unemployment insurance claimants, 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;

(F)

administering the work test for the State unemployment compensation system, including making eligibility assessments, and providing job finding and placement services for unemployment insurance claimants; and

(G)

20 U.S.C. 1070a 20 U.S.C. 1070 29 U.S.C. 3111 29 U.S.C. 720 providing unemployment insurance claimants with referrals to, and application assistance for, training and education resources and programs, including Federal Pell Grants under subpart 1 of part A of title IV of the Higher Education Act of 1965 ( et seq.), educational assistance under chapter 30 of title 38 (commonly referred to as the Montgomery GI Bill), and chapter 33 of that title (Post-9/11 Veterans Educational Assistance), student assistance under title IV of the Higher Education Act of 1965 ( et seq.), State student higher education assistance, and training and education programs provided under titles I and II of the Workforce Innovation and Opportunity Act [ et seq., 3271 et seq.], and title I of the Rehabilitation Act of 1973 ( et seq.).

(b)

Use of 10 percent of funds allotted

section 49e of this titleTen percent of the sums allotted to each State pursuant to shall be reserved for use in accordance with this subsection by the Governor of each such State to provide—

(1)

29 U.S.C. 3141(b)(2)(A)(i) performance incentives for public employment service offices and programs, consistent with the performance accountability measures that are based on indicators described in section 116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act [], 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 offices and the appropriate local workforce investment board and chief elected official or officials or other public agencies or private nonprofit organizations; and

(3)

section 49b(c)(4) of this title the extra costs of exemplary models for delivering services of the types described in subsection (a), and models for enhancing professional development and career advancement opportunities of State agency staff, as described in .

(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 Innovation and Opportunity Act.

(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 Innovation and Opportunity Act, or private nonprofit organization.

(e)

Provision of services as part of one-stop delivery system

All job search, placement, recruitment, workforce and labor market information, and other labor exchange services authorized under subsection (a) 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, § 7 Pub. L. 97–300, title VI, § 601(c)Oct. 13, 198296 Stat. 1394 Pub. L. 100–628, title VII, § 712(a)(1)Nov. 7, 1988102 Stat. 3248 Pub. L. 101–392, § 5(b)Sept. 25, 1990104 Stat. 759 Pub. L. 105–220, title IIIAug. 7, 1998112 Stat. 1081 Pub. L. 113–128, title III, § 305July 22, 2014128 Stat. 1626(, as added , formerly title V, § 501(c), , ; renumbered title VI, § 601(c), , (2), , ; amended , , ; , §§ 305, 310, , , 1086; , , .)

Editorial Notes

References in Text

Pub. L. 89–329Nov. 8, 196579 Stat. 1219 section 1001 of Title 20The Higher Education Act of 1965, referred to in subsec. (a)(3)(G), is , , . Title IV of the Act is classified generally to subchapter IV (§ 1070 et seq.) of chapter 28 of Title 20, Education. Subpart 1 of part A of title IV of the Act is classified generally to subpart 1 (§ 1070a et seq.) of part A of subchapter IV of chapter 28 of Title 20. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 113–128July 22, 2014128 Stat. 1425 section 3101 of this titleThe Workforce Innovation and Opportunity Act, referred to in subsecs. (a)(3)(G), (c)(2), and (d), is , , , which enacted chapter 32 (§ 3101 et seq.) of this title, repealed chapter 30 (§ 2801 et seq.) of this title and chapter 73 (§ 9201 et seq.) of Title 20, Education, and made conforming amendments to numerous other sections and notes in the Code. Titles I and II of the Act are classified generally to subchapters I (§ 3111 et seq.) and II (§ 3271 et seq.), respectively, of chapter 32 of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 93–112Sept. 26, 197387 Stat. 355 section 701 of this titleThe Rehabilitation Act of 1973, referred to in subsec. (a)(3)(G), is , , . Title I of the Act is classified generally to subchapter I (§ 720 et seq.) of chapter 16 of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Prior Provisions

act June 6, 1933, ch. 49, § 7 48 Stat. 115 act Sept. 8, 1950, ch. 933, § 3 64 Stat. 823A prior section 49f, , , related to ascertainment of amounts due to States, and certification to the Secretary of the Treasury, prior to repeal by , .

Amendments

Pub. L. 113–128, § 305(a)2014—Subsec. (a)(1). , inserted “, including unemployment insurance claimants,” after “seekers”.

Pub. L. 113–128, § 305(b)(2)(A)Subsec. (a)(3)(F). , inserted “, including making eligibility assessments,” after “system”.

Pub. L. 113–128, § 305(b)(1)Subsec. (a)(3)(G). , (2)(B), (3), added subpar. (G).

Pub. L. 113–128, § 305(c)(1)Subsec. (b)(1). , substituted “the performance accountability measures that are based on indicators described in section 116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act” for “performance standards established by the Secretary”.

Pub. L. 113–128, § 305(c)(2)Subsec. (b)(2). , inserted “offices” after “employment service”.

Pub. L. 113–128, § 305(c)(3)section 49b(c)(4) of this titleSubsec. (b)(3). , inserted “, and models for enhancing professional development and career advancement opportunities of State agency staff, as described in ” after “subsection (a)”.

Pub. L. 113–128, § 305(d)Subsecs. (c)(2), (d). , substituted “the Workforce Innovation and Opportunity Act” for “the Workforce Investment Act of 1998”.

Pub. L. 113–128, § 305(e)Subsec. (e). , substituted “workforce and labor market information” for “labor employment statistics”.

Pub. L. 105–220, § 305(1)1998—Subsec. (b)(2). , substituted “local workforce investment board” for “private industry council”.

Pub. L. 105–220, § 305(2)Subsec. (c)(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.”

Pub. L. 105–220, § 310Subsec. (d). , substituted “Secretary or with” for “Secretary of Labor or with”.

Pub. L. 105–220, § 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”.

Pub. L. 105–220, § 305(4)Subsec. (e). , added subsec. (e).

Pub. L. 101–3921990—Subsecs. (c), (d). added subsec. (c) and redesignated former subsec. (c) as (d).

Statutory Notes and Related Subsidiaries

Effective Date of 2014 Amendment

Pub. L. 113–128July 22, 2014July 1, 2015section 506 of Pub. L. 113–128 section 3101 of this titleAmendment by effective on the first day of the first full program year after (), see , set out as an Effective Date note under .

Effective Date of 1998 Amendment

Pub. L. 105–220July 1, 1999section 311 of Pub. L. 105–220 section 49a of this titleAmendment by effective , see , formerly set out as a note under .

Effective Date of 1990 Amendment

Pub. L. 101–392July 1, 1991section 702(a) of Pub. L. 101–392 section 3423a of Title 20Amendment by effective , see , set out as an Effective Date note under , Education.

Effective Date

Oct. 1, 1983section 181(i) of Pub. L. 97–300 section 1591(i) of this titleSection effective , but with Secretary authorized to use funds appropriated for fiscal 1983 to plan for orderly implementation of section, see , which was formerly classified to .

Pub. L. 113–128Definitions of Terms in

section 3 of Pub. L. 113–128 section 3102 of this titleExcept as otherwise provided, definitions in , which is classified to , apply to this section.