15 U.S.C. § 3116 — Job training, counseling and reservoirs of employment projects

submitted 48 years ago by Pub. L. 95-523 to r/title-15-COMMERCE-AND-TRADE · 800 words · no verdicts yet

in plain englishAI-generated · not legal advice

The President, through the Labor Secretary, must develop ways to provide jobs to people at least 16 who can, want, and seek work but remain unemployed. The section directs use of counseling, training, referrals, flexible work, and—when needed—public and nonprofit job reservoirs with safeguards.

(a) Policies and recommendations. To promote full employment under this chapter and the Employment Act of 1946, the President, through Labor’s Secretary, must develop policies and procedures and, when needed, recommend programs for jobs for civilian-labor-force individuals age 16 or older who can, want, and seek work but remain unemployed despite serious efforts. (b) Other-law authority. Labor must appropriately use the Workforce Innovation and Opportunity Act and other law to: (1) ensure counseling, training, and support needed to prepare job seekers; (2) refer them to private and public jobs through public placement facilities and the Department of Labor Employment Service, including jobs created under sections 3112, 3114, and 3115; and (3) encourage flexible and part-time jobs for people unable to work a standard week. (c) Job reservoirs. (1) If such people cannot be given enough private jobs or jobs under existing programs to meet the Employment Act’s goals and schedules, the President must, as law allows, establish Labor-approved reservoirs of public jobs and private nonprofit projects by expanding existing programs, creating needed programs, or both. (2) New programs authorized after October 27, 1978 must: (A) begin no earlier than two years later and only after the President sends Congress a finding that other means are not producing enough jobs for the Employment Act goals; (B) avoid pulling workers from private jobs; (C) provide useful, productive work; (D) mainly use lower skill and pay levels and maximize jobs relative to appropriations when practicable; (E) target high-unemployment areas and structurally unemployed people; and (F) be phased in as needed with Employment Act goals. (d) Regulations. Labor must regulate: (1) initial assessment of a job seeker’s ability to do specified kinds and durations of work for appropriate referrals; (2) compliance with this chapter’s nondiscrimination rules under section 3151; (3) priority eligibility for new programs, including household income, at least five weeks’ unemployment, and economic dependents, and denial to someone who refuses without good cause to accept or keep a job, including a referred job, to seek a reservoir job; and (4) suitable administrative appeals for the ability, need, and eligibility determinations.

the actual law source: uscode.house.gov ↗public domain

(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), 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 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.

(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 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) 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.

Source credit: (Pub. L. 95–523, title II, § 206, Oct. 27, 1978, 92 Stat. 1902; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(12)(A), (f)(10)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–420, 2681–431; Pub. L. 113–128, title V, § 512(m), July 22, 2014, 128 Stat. 1710.)

history & why it existsrecord from the source credit

1978Enacted · Pub. L. 95-523 · 92 Stat. 1902
1998Amended · Pub. L. 105-277 · 112 Stat. 2681
2014Amended · Pub. L. 113-128 · 128 Stat. 1710

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-523 on 1978-10-27.

all 0 arguments · sorted by: best

no arguments yet — make the first case