Collapse to view only § 3116. Job training, counseling and reservoirs of employment projects

§ 3111. Congressional statement of purpose

The Congress recognizes that general economic policies alone have been unable to achieve the goals set forth in this chapter related to full employment, production, and real income, balanced growth, adequate growth in productivity, proper attention to national priorities, achievement of an improved trade balance through increased exports and improvement in the international competitiveness of agriculture, business, and industry, and achievement of reasonable price stability as provided for in section 1022b(b) of this title. It is, therefore, the purpose of this subchapter to require the President to initiate, as the President deems appropriate, with recommendations to the Congress where necessary, supplementary programs and policies to the extent that the President finds such action necessary to help achieve these goals, including the goals and timetable for the reduction of unemployment. Insofar as feasible without undue delay, any policies and programs so recommended shall be included in the Economic Report.

(Pub. L. 95–523, title II, § 201, Oct. 27, 1978, 92 Stat. 1899.)
§ 3112. Countercyclical employment policies
(a) Programmatic entities
Any countercyclical efforts undertaken to aid in achieving the purposes of section 3111 of this title shall consider for inclusion the following programmatic entities:
(1) accelerated public works, including the development of standby public works projects;
(2) public service employment;
(3) State and local grant programs;
(4) the levels and duration of unemployment insurance;
(5) skill training in both the private and public sectors, both as a general remedy and as a supplement to unemployment insurance;
(6) youth employment programs as specified in section 3115 of this title;
(7) community development programs to provide employment in activities of value to the States, local communities (including rural areas), and the Nation;
(8) Federal procurement programs which are targeted on labor surplus areas; and
(9) augmentation of other employment and training programs which would help to reduce high levels of unemployment arising from cyclical causes.
(b) Triggering mechanism
(Pub. L. 95–523, title II, § 202, Oct. 27, 1978, 92 Stat. 1900.)
§ 3113. Economic activity coordination
(a) Federal, regional, State, local, and private sector
(b) Fiscal needs and budget conditions
(Pub. L. 95–523, title II, § 203, Oct. 27, 1978, 92 Stat. 1900.)
§ 3114. Regional and structural employment policies and programs
(a) Recommendation of legislation
(b) Private sector production and employment; effect of Federal policies
(Pub. L. 95–523, title II, § 204, Oct. 27, 1978, 92 Stat. 1901.)
§ 3115. Youth employment policies and programs
(a) Congressional findings
The Congress finds and declares—
(1) That 1
1 So in original. Probably should not be capitalized.
serious unemployment and economic disadvantage of a unique nature exist among youths even under generally favorable economic conditions;
(2) that this group constitutes a substantial portion of the Nation’s unemployment, and that this significantly contributes to crime, alcoholism and drug abuse, and other social and economic problems; and
(3) that many youths have special employment needs and problems which, if not promptly addressed, will substantially contribute to more severe unemployment problems in the long run.
(b) Improvement and expansion
To the extent deemed necessary in fulfillment of the purposes of this chapter, the President shall improve and expand existing youth employment programs, recommending legislation where required. In formulating any such program, the President shall—
(1) include provisions designed to fully coordinate youth employment activities with other employment and training programs;
(2) develop a smoother transition from school to work;
(3) prepare disadvantaged and other youths with employability handicaps for regular self-sustaining employment;
(4) develop realistic methods for combining training with work; and
(5) develop provisions designed to attract structurally unemployed youth into productive full-time employment through incentives to private and independent sector businesses; 2
2 So in original. The semicolon probably should be a period.
(Pub. L. 95–523, title II, § 205, Oct. 27, 1978, 92 Stat. 1901.)
§ 3116. Job training, counseling and reservoirs of employment projects
(a) Policies, procedures and recommendations
(b) Utilization of authority under other lawsIn 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.
(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 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) RegulationsThe 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.
(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.)
§ 3117. Capital formation
(a) Congressional findings
The Congress finds that—
(1) promotion of full employment and balanced growth is in itself a principal avenue to high and sustained rates of capital formation;
(2) high rates of capital formation are necessary to ensure adequate rates of capacity expansion and productivity growth, compliance with governmental health, safety and environmental standards, and the replacement of obsolete production equipment;
(3) the ability of our economy to compete successfully in international markets, the development of new technology, improved working conditions, expanding job opportunities, and an increasing standard of living depend on the availability of adequate capital at reasonable cost to commerce and industry;
(4) an important goal of national policy shall be to remove obstacles to the free flow of resources into new investment, particularly those obstacles that hinder the creation and growth of smaller businesses because general national programs and policies to aid and stimulate private enterprise are not sufficient to deal with the special problems and needs of smaller businesses; and
(5) while private business firms are, and should continue to be, the major source of investment, the investment activities of the Federal, State, and local governments play an important role in affecting the level of output, employment, and productivity and in achieving other national purposes.
(b) Investment Policy Report; recommendations in President’s Budget; referral to Joint Economic Committee
(c) Review in Economic Report of Federal policies and programs which affect public investments; recommendations respecting new policies or programs
(Pub. L. 95–523, title II, § 207, Oct. 27, 1978, 92 Stat. 1903.)