§ 3116. — Job training, counseling and reservoirs of employment projects.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC3116]
TITLE 15--COMMERCE AND TRADE
CHAPTER 58--FULL EMPLOYMENT AND BALANCED GROWTH
SUBCHAPTER I--STRUCTURAL ECONOMIC POLICIES AND PROGRAMS INCLUDING
TREATMENT OF RESOURCE RESTRAINTS
Sec. 3116. Job training, counseling and reservoirs of employment
projects
(a) Policies, procedures and recommendations
Further to promote achievement of full employment under this chapter
and the Employment Act of 1946 [15 U.S.C. 1021 et seq.], the President,
through the Secretary of Labor, shall develop policies and procedures
and, as necessary, recommend programs for providing employment
opportunities to individuals aged 16 and over in the civilian labor
force who are able, willing, and seeking to work but who, despite
serious efforts to obtain employment, remain unemployed.
(b) Utilization of authority under other laws
In meeting the responsibilities under subsection (a) of this
section, the Secretary of Labor shall, as appropriate, fully utilize the
authority provided under the Job Training Partnership Act and title I of
the Workforce Investment Act of 1998 [29 U.S.C. 2801 et seq.] and other
relevant provisions of law to--
(1) assure the availability of counseling, training, and other
support activities necessary to prepare persons willing and seeking
work for employment;
(2) refer persons able, willing, and seeking to work to job
opportunities in the private and public sectors through the existing
public employment placement facilities and through the United States
Employment Service of the Department of Labor, including job
opportunities in any positions created under programs established
pursuant to sections 3112, 3114, and 3115 of this title; and
(3) encourage flexi-time and part-time jobs for persons who are
able, willing, and seeking employment but who are unable to work a
standard workweek.
(c) Establishment of project reservoirs; restrictions and requirements
of new programs
(1) To the extent that individuals aged sixteen and over and able,
willing, and seeking to work are not and in the judgment of the
President cannot be provided with private job opportunities or job
opportunities under other programs and actions in existence, in accord
with the goals and timetables set forth in the Employment Act of 1946
[15 U.S.C. 1021 et seq.], the President shall, as may be authorized by
law, establish reservoirs of public employment and private nonprofit
employment projects, to be approved by the Secretary of Labor, through
expansion of title I of the Workforce Investment Act of 1998 [29 U.S.C.
2801 et seq.] and other existing employment and training projects or
through such new programs as are determined necessary by the President
or through both such projects and such programs.
(2) New programs as may be authorized by law after October 27, 1978,
referred to in paragraph (c)(1)--
(A) shall not be put into operation earlier than two years after
October 27, 1978, nor without a finding by the President,
transmitted to the Congress, that other means of employment are not
yielding enough jobs to be consistent with attainment of the goals
and timetables for the reduction of unemployment set forth in the
Employment Act of 1946 [15 U.S.C. 1021 et seq.];
(B) shall be designed so that no workers from private employment
are drawn into the reservoir projects thereunder;
(C) shall be useful and productive jobs;
(D) shall be mainly in the lower ranges of skills and pay, and
toward this end the number of reservoir jobs under such new programs
shall, to the extent practicable, be maximized in relationship to
the appropriations provided for such jobs;
(E) shall be targeted on areas of high unemployment and on
individuals who are structurally unemployed;
(F) shall be phased in by the President as necessary, in
conjunction with the employment goals under sections 3(a)(2) and
4(b) of the Employment Act of 1946 [15 U.S.C. 1022(a)(2), 1022a(b)].
(d) Regulations
The Secretary, in carrying out the provisions of this section, shall
establish regulations providing for--
(1) an initial determination of the job seeker's ability to be
employed at certain types and duration of work, so that such
individual may be appropriately referred to jobs, training,
counseling, and other supportive services;
(2) compliance with the nondiscrimination provisions of this
chapter in accordance with section 3151 of this title;
(3) appropriate eligibility criteria to determine the order of
priority of access of any person to any new programs under
subsection (c) of this section as may be authorized by law including
but not necessarily limited to (A) household income, duration of
unemployment (not less than five weeks), and the number of people
economically dependent upon such person; and (B) denial of access to
any person refusing to accept or hold a job except for good cause,
as determined by the Secretary of Labor, including refusal to accept
or hold a job subject to reference under subsection (b) paragraph
(2) of this section, in order to seek a reservoir project job under
subsection (c) of this section; and
(4) such administrative appeal procedures as may be appropriate
to review the initial determination of the abilities of persons
willing, able, and seeking to work under paragraph (1) of this
subsection and the employment need and eligibility under paragraph
(3) of this subsection.
(Pub. L. 95-523, title II, Sec. 206, Oct. 27, 1978, 92 Stat. 1902; Pub.
L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 405(d)(12)(A),
(f)(10)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-420, 2681-431.)
References in Text
For definition of ``this chapter'', referred to in subsecs. (a) and
(d)(2), see References in Text note set out under section 3102 of this
title.
The Employment Act of 1946, referred to in subsecs. (a) and (c), is
act Feb. 20, 1946, ch. 33, 60 Stat. 23, as amended, which is classified
generally to chapter 21 (Sec. 1021 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 1021 of this title and Tables.
The Job Training Partnership Act, referred to in subsec. (b), is
Pub. L. 97-300, Oct. 13, 1982, 96 Stat. 1322, as amended, which was
classified generally to chapter 19 (Sec. 1501 et seq.) of Title 29,
Labor, prior to repeal by Pub. L. 105-220, title I, Sec. 199(b)(2),
(c)(2)(B), Aug. 7, 1998, 112 Stat. 1059, effective July 1, 2000. For
complete classification of this Act to the Code, see Tables.
The Workforce Investment Act of 1998, referred to in subsecs. (b)
and (c)(1), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as amended.
Title I of the Act is classified principally to chapter 30 (Sec. 2801 et
seq.) of Title 29, Labor. For complete classification of this Act to the
Code, see Short Title note set out under section 9201 of Title 20,
Education, and Tables.
Amendments
1998--Subsec. (b). Pub. L. 105-277, Sec. 101(f) [title VIII,
Sec. 405(f)(10)(A)], which directed the amendment of subsec. (b) by
substituting ``the Job Training Partnership Act and'' for ``CETA'' in
introductory provisions, could not be executed because ``CETA'' did not
appear in introductory provisions subsequent to amendment by Pub. L.
105-277, Sec. 101(f) [title VIII, Sec. 405(d)(12)(A)(i)(I)]. See below.
Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(d)(12)(A)(i)(I)],
substituted ``the Job Training Partnership Act and title I of the
Workforce Investment Act of 1998'' for ``CETA'' in introductory
provisions.
Subsec. (b)(1). Pub. L. 105-277, Sec. 101(f) [title VIII,
Sec. 405(d)(12)(A)(i)(II)], struck out ``(including use of section 110
of CETA when necessary)'' before semicolon at end.
Subsec. (c)(1). Pub. L. 105-277, Sec. 101(f) [title VIII,
Sec. 405(f)(10)(B)], struck out ``activities carried out under the Job
Training Partnership Act or'' before ``title I of the Workforce
Investment Act of 1998''.
Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(d)(12)(A)(ii)],
substituted ``activities carried out under the Job Training Partnership
Act or title I of the Workforce Investment Act of 1998'' for ``CETA''.
Effective Date of 1998 Amendment
Amendment by section 101(f) [title VIII, Sec. 405(d)(12)(A)] of Pub.
L. 105-277 effective Oct. 21, 1998, and amendment by section 101(f)
[title VIII, Sec. 405(f)(10)] of Pub. L. 105-277 effective July 1, 2000,
see section 101(f) [title VIII, Sec. 405(g)(1), (2)(B)] of Pub. L. 105-
277, set out as a note under section 3502 of Title 5, Government
Organization and Employees.
Section Referred to in Other Sections
This section is referred to in sections 1021, 3152 of this title.
