§3116 — Title 15 Commerce and Trade | U.S. Code

Summary

The President, through the Secretary of Labor, must make plans and recommend programs to help people age 16 and over who can and want to work but are still unemployed after trying hard to find a job. The Labor Department must use existing job-training law authority to give counseling, training, and other help. It must send people to job openings in the public and private sectors, including jobs created under related programs (including sections 3112, 3114, and 3115). It must also promote flexible and part-time work for those who cannot do a full standard workweek. If private jobs and current programs do not give enough work, the President may set up public and nonprofit "reservoir" job projects, with the Labor Secretary’s approval. Any new programs started after October 27, 1978, cannot begin earlier than two years after that date and need a President’s finding sent to Congress that other means are not producing enough jobs. New programs must not pull workers out of private jobs, must create useful work, focus on lower-skill/lower-pay jobs when practical, aim jobs at high-unemployment areas and people who are structurally unemployed, and be phased in to match national employment goals. The Secretary must make rules to decide a job seeker’s ability, enforce nondiscrimination, set priority rules (using factors like household income, unemployment of at least five weeks, and number of dependents), deny benefits to those who refuse suitable work without good cause, and provide appeal procedures.

Title 15, §3116

Commerce and Trade — Source: USLM XML via OLRC

(a)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)In meeting the responsibilities under subsection (a), the Secretary of Labor shall, as appropriate, fully utilize the authority provided under title I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3111 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 section 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)(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 activities under title I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3111 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 section 3(a)(2) and 4(b) of the Employment Act of 1946 [15 U.S.C. 1022(a)(2), 1022a(b)].

(d)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) 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), in order to seek a reservoir project job under subsection (c); 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.

Notes & Related Subsidiaries

Editorial Notes

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, which is classified generally to chapter 21 (§ 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 Workforce Innovation and Opportunity Act, referred to in subsecs. (b) and (c)(1), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. Title I of the Act is classified generally to subchapter I (§ 3111 et seq.) of chapter 32 of Title 29, Labor. For complete classification of this Act to the Code, see

Short Title

note set out under section 3101 of Title 29 and Tables.

Amendments

2014—Subsec. (b). Pub. L. 113–128, § 512(m)(1), substituted “the Secretary of Labor shall, as appropriate, fully utilize the authority provided under title I of the Workforce Innovation and Opportunity Act” for “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” in introductory provisions. Subsec. (c)(1). Pub. L. 113–128, § 512(m)(2), substituted “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 activities under title I of the Workforce Innovation and Opportunity Act” for “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”. 1998—Subsec. (b). Pub. L. 105–277, § 101(f) [title VIII, § 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, § 101(f) [title VIII, § 405(d)(12)(A)(i)(I)]. See below. Pub. L. 105–277, § 101(f) [title VIII, § 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, § 101(f) [title VIII, § 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, § 101(f) [title VIII, § 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, § 101(f) [title VIII, § 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”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2014 AmendmentAmendment by Pub. L. 113–128 effective on the first day of the first full program year after

July 22, 2014 (

July 1, 2015), see section 506 of Pub. L. 113–128, set out as an

Effective Date

note under section 3101 of Title 29, Labor.

Effective Date

of 1998 AmendmentAmendment by section 101(f) [title VIII, § 405(d)(12)(A)] of Pub. L. 105–277 effective Oct. 21, 1998, and amendment by section 101(f) [title VIII, § 405(f)(10)] of Pub. L. 105–277 effective July 1, 2000, see section 101(f) [title VIII, § 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.

§3116 Job Training, Counseling and Reservoirs of Employment Projects

Summary

Title 15, §3116

Notes & Related Subsidiaries

Editorial Notes

References in Text

References in Text

Short Title

Short Title

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata