29 U.S.C. § 49c — Acceptance by States; creation of State

Page 14 TITLE 29—LABOR § 49c Amendment by section 4002(b)(1)(A), (B), (2)(Q) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–220 effective July 1, 1999, see section 311 of Pub. L. 105–220, formerly 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 accel- erate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substan- tially 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 appro- priated for fiscal 1983 to plan for orderly implementa- tion 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 Pub. L. 93–198, title VII, § 771(b), Dec. 24, 1973, 87 Stat. 836, 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 Orga- nization and Employees], shall take effect on July 1, 1974. EFFECTIVE DATE OF 1954 AMENDMENT Act Aug. 3, 1954, ch. 655, § 8, 68 Stat. 665, 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, sec- tions 107, 107a, 107b, 107e, and 107f of Title 20, and sec- tion 155a of former Title 36, Patriotic Societies and Ob- servances] shall become effective July 1, 1954.’’ DEFINITIONS OF TERMS IN PUB. L. 113–128 Except as otherwise provided, definitions in section 3 of Pub. L. 113–128, which is classified to section 3102 of this title, apply to this section. § 49c. Acceptance by States; creation of State agencies In order to obtain the benefits of appropria- tions apportioned under section 49d of this title, a State shall, pursuant to State statute, accept the provisions of this chapter and, in accordance with such State statute, the Governor shall des- ignate or authorize the creation of a State agen- cy vested with all powers necessary to cooperate with the Secretary under this chapter. (June 6, 1933, ch. 49, § 4, 48 Stat. 114; Pub. L. 105–220, title III, § 303, Aug. 7, 1998, 112 Stat. 1081.) Editorial Notes AMENDMENTS 1998—Pub. L. 105–220 substituted ‘‘, pursuant to State statute,’’ for ‘‘, through its legislature,’’, inserted ‘‘, in accordance with such State statute, the Governor shall’’ after ‘‘the provisions of this chapter and’’, and substituted ‘‘Secretary’’ for ‘‘United States Employ- ment Service’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–220 effective July 1, 1999, see section 311 of Pub. L. 105–220, formerly set out as a note under section 49a of this title. TRANSFER OF STATE AGENCIES TO THE STATES Act July 26, 1946, ch. 672, title I, 60 Stat. 684, provided in part: ‘‘On November 15, 1946, the Secretary of Labor shall transfer, to the State agency in each State des- ignated under section 4 of the Act of Congress approved June 6, 1933, as amended [this section], as the agency to administer the State-wide system of public employ- ment offices in cooperation with the United States Em- ployment Service under said Act [this chapter], the op- eration of State and local public employment office fa- cilities and properties which were transferred by such State to the Federal Government in 1942 to promote the national war effort. The Secretary of Labor shall, on request of the State agency, also provide for the transfer and assignment to such State, without reim- bursement therefor, of any other public employment office facilities and properties within such State, in- cluding records, files, and office equipment: Provided, That as a condition to such transfer and assignment of Federal properties, the Secretary may require the re- cipient State to waive any claim which may then exist or thereafter arise out of the use made by the Federal Government of, or for the loss of or damage to, prop- erty and facilities transferred to the Federal Govern- ment as hereinabove described.’’ § 49c–1. Transfer to States of property used by United States Employment Service For the purpose of assisting the State employ- ment services established and maintained in ac- cordance with the terms of the Act of June 6, 1933, entitled ‘‘An Act to provide for the estab- lishment of a National Employment System and for cooperation with the States in the pro- motion of such system, and for other purposes’’, as amended (48 Stat. 113; 49 Stat. 216) [29 U.S.C. 49 et seq.], the Secretary of Labor is authorized without payment of compensation to transfer and assign to the States in which it is located all property, including records, files, and office equipment, used by the United States Employ- ment Service in its administrative and local em- ployment offices in the respective States, except the records, files, and property used in the Vet- erans’ Service and in the Farm Placement Serv- ice maintained under the said Act, as soon as such States establish and maintain systems of public employment offices, in accordance with the terms of sections 4, 5, and 8 of the said Act [29 U.S.C. 49c, 49d, 49g] and the regulations pro- mulgated thereunder. (Aug. 11, 1939, ch. 693, 53 Stat. 1409; Ex. Ord. No. 9247, Sept. 17, 1942, 7 F.R. 7379; Ex. Ord. No. 9617, Sept. 19, 1945, 10 F.R. 11929; June 16, 1948, ch. 472, title I, 62 Stat. 446; 1949 Reorg. Plan No. 2, § 1, eff. Aug. 20, 1949, 14 F.R. 5225, 63 Stat. 1065.) Editorial Notes REFERENCES IN TEXT Act of June 6, 1933, and the said Act, referred to in text, are act June 6, 1933, ch. 49, 48 Stat. 113, known as the Wagner-Peyser Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 49 of this title and Tables.