Text of act of June 6, 1933, "To provide for the establishment of a national employment system and for cooperation with ...

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Material Information

Title:
Text of act of June 6, 1933, "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" : as amended by act of June 29, 1938
Physical Description:
1 p.l., 5 p. : ; 23 cm.
Language:
English
Creator:
United States
Publisher:
U.S. Govt. print. off.
Place of Publication:
Washington
Publication Date:

Subjects

Subjects / Keywords:
Labor laws and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
At head of title: United States Department of Labor. United States Employment Service.

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004969398
oclc - 39228548
System ID:
AA00009483:00001

Full Text




UNITED STATES DEPARTMENT OF LABOR
UNITED STATES EMPLOYMENT SERVICE




TEXT OF ACT OF JUNE 6, 1933, "TO PROVIDE
g'FOR THE ESTABLISHMENT OF A NATIONAL
-..:.FPLOYMENT SYSTEM AND FOR COOPER-
kION WITH THE STATES IN THE
TION OF SUCH SYSTEM, AN
."i 'OTHER PURPOSES "/

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AS AMENDED BY ACT OF JUNE ,


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UNITED STATES
GOVERNMENT PRINTING OFFICE
.WASHINGTON : 1938
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[S. 510--WAGNER-PEYSER ACT; PUBLIC No. 30-73d CONGRESS;
48 STAT. 113]

SAN 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) in order
to promote the establishment and maintenance of a national system
df public employment offices there is hereby created in the Depart-
nent of Labor a bureau to be known as the United States Employ-
thent Service, at the head of which shall be a director. The director
shall be appointed by the President, by and with the advice and
consent of the Senate, and shall receive a salary at the rate of $8,500
per annum.
(b) Upon the expiration of three months after the enactment of
this Act the employment service now existing in the Department
of' Labor shall be abolished; and all records, files, and property
(including office equipment) of the existing employment service
shall thereupon be transferred to the United States Employment
Service; and all the officers and employees of such service shall there-
upon be transferred to the United States Employment Service
created by this Act without change in classification or compensation.
SEc. 2. The Secretary of Labor is authorized, without regard to the
civil service laws, to appoint and, without regard to the Classification
Abt of 1923, as amended, to fix the compensation of one or more
,sistant directors and such other officers, employees, and assistants,
and to make such expenditures (including expenditures for personal
services and rent at the seat of government and elsewhere and for
law books, books of reference, and periodicals) as may be necessary
to carry out the provisions of this Act. In case of appointments
fr' service in the veterans' employment service provided for in
section 3 of this Act, the Secretary shall appoint only veterans of
wirs of the United States.
SSEC. 3. (a) It -shall be the province and duty of the bureau to
promote and develop a national system of employment offices for
mien, women, and juniors who are legally qualified to engage in
gainful occupations, to maintain a veterans' service to be devoted to
securing employment for veterans, to maintain a farm placement
service, to' maintain a public employment service for the District
of Columbia and, in the manner hereinafter provided, to assist in
establishing and maintaining systems of public employment offices
in the several States and the political subdivisions thereof in which
there shall be located a veterans' employment service. The bureau
839020-38 (1)







shall also assist in coordinating the public employment offices
throughout the country and in increasing their usefulness by
developing and prescribing minimum standards of efficiency, assist-
ing them in meeting problems peculiar to their localities, promoting
uniformity in their administrative and statistical procedure, fur-
nishing and publishing information as to opportunities for employ-
ment and other information of value in the operation of the system
and maintaining a system for clearing labor between the several
States.
(b) Whenever in this Act the word State or States is used
it shall be understood to include the Territories of Hawaii and
Alaska.
SEC. 4. In order to obtain the benefits of appropriations appor-
tioned under section 5, a State shall, through its legislature, accept
the provisions of this Act and designate or authorize the creation
of a State agency vested with all powers necessary to cooperate with
the United States Employment Service under this Act.
SEc. 5. (a) For the purpose of carrying out the provisions of this
Act there is hereby authorized to be appropriated (1) the sum of
$1,500,000 for the fiscal year ending June 30, 1934, (2) $4,000,000 for
each fiscal year thereafter up to and including the fiscal year ending
June 30, 1938, (3) and thereafter such sums annually as the Congress
may deem necessary. The annual appropriation under this Act shall
designate the amount to be apportioned by the Director among the
several States in the proportion which their population bears to the
total population of the States of the United States according to the
next preceding United States census, to be available for the purpose of
establishing and maintaining systems of public employment offices in
the several States and the political subdivisions thereof in accordance
with the provisions of this Act: Provided, however, That in apportion-
ing the said amount among the several States, the Director shall appor-
tion not less than $10,000 to each State. No payment shall be made in
any year out of the amount of such appropriations apportioned to any
State until an equal sum has been appropriated or otherwise made
available for that year by the State, or by any agency thereof, includ-
ing appropriations made by local subdivisions, for the purpose of
maintaining public employment offices as a part of a State-controlled
system of public employment offices; except that the amounts so appro-
priated by the State shall not be less than 25 per centum of the appor-
tionment according to population made by the director for such State
for the current year, and in no event less than $5,000. The balance of
the amounts appropriated under this Act shall be available for all the
purposes of this Act other than for apportionment among the several
States as herein provided.
(b) The amounts apportioned to any State for any fiscal year
shall be available for payment 'to and expenditure by such State,
for the purposes of this Act, until the close of the next succeeding
fiscal year; except that amounts apportioned to any State for any
fiscal year preceding the fiscal year during which is commenced the.
first regular session of the legislature of such State held after the
enactment of this Act shall remain available for payment to and
expenditure by such State until the close of the fiscal year next








succeeding that in which such session is commenced. Subject to the
foregoing limitations, any amount so apportioned unexpended at
the end of the period during which it is available for expenditure
under this Act shall, within sixty days thereafter, be reapportioned
for the current fiscal year among all the States in the same manner
mad on the same basis, and certified to the Secretary of the Treasury
and treasurers of the States in the same manner, as if it were being
apportioned under this Act for the first time.
...EC. 6. Within sixty days after any appropriation has been made
udder authority of this Act the director shall make the apportion-
ment thereof as provided in section 5 and shall certify to the Secre-
tary of the Treasury and to the treasurers of the several States the
amount apportioned to each State for the fiscal year for which the
appropriation has been made.
SEC. 7. Within sixty days after any appropriation has been made
under the authority of this Act, and as often thereafter while such
appropriation remains available as he deems advisable, the director
shall ascertain as to each of the several States (1) whether the State
has, through its legislature or its governor, as the case may be,
accepted the provisions of this Act and designated or authorized
the creation of an agency to cooperate with the United States
Employment Service in the administration of this Act in compliance
with the provisions of section 4 of this Act; and (2) the amounts,
if any, which have been appropriated or otherwise made available
by such State and by any agency thereof, including appropriations
made by local subdivisions, in compliance with the provisions of
section 5. of this Act. If the director finds that a State has complied
with the requirements of such sections, and if plans have been
submitted and approved in compliance with the provisions of section
8 of this Act, the director shall determine the amount of the pay-
ments, if any, to which the State is entitled under the provisions of
section 5, and certify such amount to the Secretary of the Treasury.
$uah -certificate. shall be sufficient authority to the Secretary of the
Treasury to make payments to the State in accordance therewith.
. .SEC. 8. Any State desiring to receive the benefits of this Act shall,
by the agency designated to cooperate with the United States Em-
ployment Service, submit to the director detailed plans for carrying
out the provisions of this Act within such State. In those States
where a State board, department, or agency exists which is charged
vith the administration of State laws for vocational rehabilitation
of physically handicapped persons, such plans shall include provi-
Rion for cooperation between such board, department, or agency and
the agency designated to cooperate with the United States Employ-
ment Service under this Act. If such plans are in conformity with
tie provisions of this Act and reasonably appropriate and adequate
to carry out its purposes, they shall be approved by the director and
due notice of such approval shall be given to the State agency.
SSE. 9 Each State agency cooperating with the United States
Employment Service under this Act shall make such reports con-
cerning ith operations and expenditures as shall be prescribed by the
director. It shall be the duty of the director to ascertain whether
the, system of public employment, offices maintained in each State is







conducted -in accordance with the rules and regulations and the
standards of efficiency prescribed by the director in accordance with
the provisions of this Act. The director may revoke any existing
certificates or withhold any further certificate provided for in sec-
tion 7, whenever he shall determine, as to any State, that the cooper-
ating State agency has not properly expended the moneys paid to it
or the moneys herein required to be appropriated by such State, in
accordance with plans approved under this Act. Before any such
certificate shall be revoked or withheld from any State, the director
shall give notice in writing to the State agency stating specifically
wherein the State has failed to comply with such plans. The State
agency may appeal to the Secretary of Labor from the action of the
director in any such case, and the Secretary of Labor may either
affirm or reverse the action of the director with such directions as
he shall consider proper.
SEc. 10. During the current fiscal year and the two succeeding
fiscal years the director is authorized to expend in any State so
much of the sum apportioned to such State according to population,
and so much of the unapportioned balance of the appropriation
made under the provisions of section 5 as he may deem necessary,
as follows:
(a) In States where there is no State system of public employ-
ment offices, in establishing and maintaining a system of public
employment offices under the control of the director.
(b) In States where there is a State system of public employment
offices, but where the State has not complied with the provisions of
section 4, in establishing a cooperative Federal and State system of
public employment offices to be maintained by such officer or board
and in such manner as may be agreed upon by and between the
Governor of the State and the director.
The authority contained in this section shall terminate at the
expiration of the period specified in the first paragraph of this
section, and thereafter no assistance shall be rendered such States
until the legislatures thereof provide for cooperation with the
United States Employment Service as provided in section 4 of this
Act.
SEc. 11 (a) The director shall establish a Federal Advisory Coun-
cil composed of men and women representing employers and em-
ployees in equal numbers and the public for the purpose of formu-
lating policies and discussing problems relating to employment and
insuring impartiality, neutrality, and freedom from political influ-
ence in the solution of such problems. Members of such council
shall be selected from time to time in such manner as the director
shall prescribe and shall serve without compensation, but when
attending meetings of the council they shall be allowed necessary
traveling and subsistence expenses, or per diem allowance in lieu
thereof, within the limitations prescribed by law for civilian em-
ployees in the executive branch of the Government. The council
shall have access to all files and records of the United States Em-
ployment Service. The director shall also require the organization
of similar State advisory councils composed of men and women
representing employers and employees in equal numbers and the
public.





5

(b) In carrying out the provisions of this Act the director is
authorized and directed to provide for the giving of notice of strikes
or lockouts to applicants before they are referred to employment.
SEc. 12. The director, with the approval of the Secretary of
Libor, is hereby authorized to make such rules and regulations as
may-be necessary to carry out the provisions of this Act.
'SEC. 13. The Postmaster General is hereby authorized and di-
rected to extend to the United States Employment Service and to
t1e system of employment offices operated by it in conformity with
tie provisions of this Act, and to all State employment systems
Which- receive funds appropriated under authority of this Act, the
privilege of free transmission of official mail matter.
Approved, June 6, 1933.
(Portion of section 5 (a) appearing in italics represents amend-
ment by Act of June 29, 1938.)

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