15 U.S.C. § 3116 : US Code - Section 3116: Job training, counseling and reservoirs of employment projects

Search 15 U.S.C. § 3116 : US Code - Section 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.