UNITED STATES DEPARTMENT OF LABOR UNITED STATES EMPLOYMENT SERVICE \^ TEXT OF ACT OF JUNE 6, 1933, " TO PROVIDE FOR THE ESTABLISHMENT OF A NATIONAL EMPLOYMENT SYSTEM AND FOR COOPER- ATION WITH THE STATES IN THE TION OF SUCH SYSTEM, ANJ OTHER PURPOSES'] AS AMENDED BY ACT OF JUNE UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON : 1938 [S. 510— WAGNER-PEYSER ACT; PUBLIC No. 30— 73d CONGRESS; 48 STAT. 113] 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. Be it enacted hy 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 of public employment offices there is hereby created in the Depart- ment of Labor a bureau to be known as the United States Employ- ment 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 Act of 1923, as amended, to fix the compensation of one or more assistant 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 for service in the veterans' employment service provided for in section 3 of this Act, the Secretary shall appoint only veterans of wars of the United States. Sec. 3. (a) It shall be the province and duty of the bureau to promote and develop a national system of employment offices for men, 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 Stat^ and the political subdivisions thereof in which there shall be located a veterans' employment service. The bureau 83902°— 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 m 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 uruler this Act shall designate the amownt 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 j)ayment shall be made in any year out of the amount of such appropriations apportioned to any State until an equal sum has been approj)riated 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 and 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. Sec. 6. Within sixty days after any appropriation has been made under 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. Such 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 with the administration of State laws for vocational rehabilitation of physically handicapped persons, such plans shall include provi- sion 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 the provisions of this Act and reasonably appropriate and adequate to cslttj out its purposes, they shall be approved by the director and due notice of such approval shall be given to the State agency. Sec. 9 Each State agency cooperating with the United States Emj)loyment Service under this Act shall make such reports con- cerning itSa 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 4 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 frpm 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 bv 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. (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 Labor, 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 the system of employment offices operated by it in conformity with the 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.) o UNIVERSITY OF FLORIDA lllllllllilliii 3 1262 08858 9378