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

Page 1989 TITLE 15—COMMERCE AND TRADE § 3116 1 So in original. Probably should not be capitalized. 2 So in original. The semicolon probably should be a period. tion 3111 of this title, the President shall rec- ommend legislation to the Congress if nec- essary, regional and structural employment policies and programs. (b) Private sector production and employment; effect of Federal policies In formulating the regional components of any such programs, the President shall encourage to the extent the President deems necessary, new private sector production and employment to lo- cate within depressed localities and regions with substantial unemployment and to aid in stabi- lizing their economic base. To the extent fea- sible, such policies and programs shall foster the establishment and growth of smaller businesses in such localities and regions. Any regional em- ployment proposal of the President shall also in- clude an analysis of the extent to which Federal tax, expenditure (including procurement of goods and services), defense, transportation, en- ergy, natural resources and employment policies have influenced the movement of people, jobs, and small and larger business and industries from chronic high unemployment regions and areas, and proposals designed to correct Federal policies that have an adverse economic impact upon such regions and areas. (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 serious unemployment and eco- nomic 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 employ- ment needs and problems which, if not promptly addressed, will substantially con- tribute to more severe unemployment prob- lems 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 em- ployment programs, recommending legislation where required. In formulating any such pro- gram, the President shall— (1) include provisions designed to fully co- ordinate 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 produc- tive full-time employment through incentives to private and independent sector businesses; 2 (Pub. L. 95–523, title II, § 205, Oct. 27, 1978, 92 Stat. 1901.) Editorial Notes REFERENCES IN TEXT For definition of ‘‘this chapter’’, referred to in sub- sec. (b), see References in Text note set out under sec- tion 3102 of this title. § 3116. Job training, counseling and reservoirs of employment projects (a) Policies, procedures and recommendations Further to promote achievement of full em- ployment under this chapter and the Employ- ment Act of 1946 [15 U.S.C. 1021 et seq.], the President, through the Secretary of Labor, shall develop policies and procedures and, as nec- essary, recommend programs for providing em- ployment opportunities to individuals aged 16 and over in the civilian labor force who are able, willing, and seeking to work but who, despite se- rious efforts to obtain employment, remain un- employed. (b) Utilization of authority under other laws In meeting the responsibilities under sub- section (a), the Secretary of Labor shall, as ap- propriate, 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 nec- essary 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 em- ployment placement facilities and through the United States Employment Service of the De- partment of Labor, including job opportunities in any positions created under programs es- tablished 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; restric- tions 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 opportuni- ties or job opportunities under other programs and actions in existence, in accord with the goals and timetables set forth in the Employ- ment Act of 1946 [15 U.S.C. 1021 et seq.], the President shall, as may be authorized by law, es- tablish reservoirs of public employment and pri- vate nonprofit employment projects, to be ap- proved by the Secretary of Labor, through ex- pansion of activities under title I of the Work- force Innovation and Opportunity Act [29 U.S.C. 3111 et seq.] and other existing employment and Page 1990 TITLE 15—COMMERCE AND TRADE § 3116 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 with- out 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 num- ber 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 unem- ployment and on individuals who are struc- turally unemployed; (F) shall be phased in by the President as necessary, in conjunction with the employ- ment 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 pro- viding for— (1) an initial determination of the job seek- er’s ability to be employed at certain types and duration of work, so that such individual may be appropriately referred to jobs, train- ing, 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 deter- mine the order of priority of access of any per- son 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 economi- cally dependent upon such person; and (B) de- nial of access to any person refusing to accept or hold a job except for good cause, as deter- mined by the Secretary of Labor, including re- fusal to accept or hold a job subject to ref- erence under subsection (b) paragraph (2), in order to seek a reservoir project job under sub- section (c); and (4) such administrative appeal procedures as may be appropriate to review the initial deter- mination 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 sub- section. (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.) Editorial Notes REFERENCES IN TEXT For definition of ‘‘this chapter’’, referred to in sub- secs. (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, re- ferred to in subsecs. (b) and (c)(1), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. Title I of the Act is classi- fied 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 sec- tion 3101 of Title 29 and Tables. AMENDMENTS 2014—Subsec. (b). Pub. L. 113–128, § 512(m)(1), sub- stituted ‘‘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 Partner- ship 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, es- tablish 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 Oppor- tunity Act’’ for ‘‘the President shall, as may be author- ized by law, establish reservoirs of public employment and private nonprofit employment projects, to be ap- proved 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 intro- ductory 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 sec- tion 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 Train- ing Partnership Act or title I of the Workforce Invest- ment Act of 1998’’ for ‘‘CETA’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Amendment 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 AMENDMENT Amendment by section 101(f) [title VIII, § 405(d)(12)(A)] of Pub. L. 105–277 effective Oct. 21, 1998, Page 1991 TITLE 15—COMMERCE AND TRADE § 3131 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 Or- ganization and Employees. § 3117. Capital formation (a) Congressional findings The Congress finds that— (1) promotion of full employment and bal- anced growth is in itself a principal avenue to high and sustained rates of capital formation; (2) high rates of capital formation are nec- essary to ensure adequate rates of capacity ex- pansion and productivity growth, compliance with governmental health, safety and environ- mental standards, and the replacement of ob- solete production equipment; (3) the ability of our economy to compete successfully in international markets, the de- velopment of new technology, improved work- ing conditions, expanding job opportunities, and an increasing standard of living depend on the availability of adequate capital at reason- able cost to commerce and industry; (4) an important goal of national policy shall be to remove obstacles to the free flow of re- sources 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 in- vestment, 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 achiev- ing other national purposes. (b) Investment Policy Report; recommendations in President’s Budget; referral to Joint Eco- nomic Committee The Economic Report shall include an Invest- ment Policy Report which shall, as appropriate, (1) review and assess existing Federal Govern- ment programs and policies which affect busi- ness investment decisions, including, but not limited to, the relevant aspects of the tax code, Federal expenditure policy, Federal regulatory policy, international trade policy, and Federal support for research, development, and diffusion of new technologies; (2) provide an assessment of the levels of investment capital available, re- quired by, and applied to small, medium and large business entities; (3) provide an analysis of current foreseeable trends in the level of invest- ment capital available to such entities; and (4) provide a description of programs and proposals for carrying out the policy set forth in section 1021(i) of this title. In addition, the Economic Report shall include an assessment of the effect of the overall economic policy environment and the rate of inflation on business investment. The President shall recommend in the Presi- dent’s Budget, as appropriate, new programs or modifications to improve existing programs con- cerned with private capital formation. The President shall also transmit to the Congress as part of the President’s Budget such other rec- ommendations as the President may deem nec- essary or desirable to achieve the policy as set forth in section 1021(i) of this title. The Invest- ment Policy Report, when transmitted to the Congress, shall be referred to the Joint Eco- nomic Committee. (c) Review in Economic Report of Federal poli- cies and programs which affect public invest- ments; recommendations respecting new policies or programs The Economic Report referred to in subsection (b) shall review and assess Federal policies and programs which directly, or through grants-in- aid to State and local governments, or indi- rectly through other means, affect the ade- quacy, composition and effectiveness of public investments, as a means of achieving the goals of this chapter and the Employment Act of 1946 [15 U.S.C. 1021 et seq.]. The President shall rec- ommend, as appropriate, new programs and poli- cies or modifications to improve existing Fed- eral programs affecting public investment. (Pub. L. 95–523, title II, § 207, Oct. 27, 1978, 92 Stat. 1903.) Editorial Notes REFERENCES IN TEXT The tax code, referred to in subsec. (b)(1), means Title 26, Internal Revenue Code. Section 1021(i) of this title, referred to in subsec. (b), was in the original ‘‘section 102(i)’’ probably meaning section 102 of Pub. L. 95–523 which amended section 2 of the Employment Act of 1946, classified to section 1021 of this title. Subsec. (i) of section 1021 of this title sets out the congressional declaration of policy for private enterprise investments. For definition of ‘‘this chapter’’, referred to in sub- sec. (c), see References in Text note set out under sec- tion 3102 of this title. The Employment Act of 1946, referred to in subsec. (c), is act Feb. 20, 1946, ch. 33, 60 Stat. 23, which is clas- sified 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. SUBCHAPTER II—POLICIES AND PROCE- DURES FOR CONGRESSIONAL REVIEW § 3131. Congressional statement of purpose (a) Establishment of procedures for review and action The purposes of this subchapter are to estab- lish procedures for congressional review and ac- tion with respect to the Economic Report of the President (hereafter in this subchapter referred to as the ‘‘Economic Report’’), the report of the Board of Governors of the Federal Reserve Sys- tem, and the other policies and provisions of this chapter and the Employment Act of 1946 [15 U.S.C. 1021 et seq.]. (b) Legislative action The Congress shall initiate or develop such legislation as it deems necessary to implement proposals and objectives pursuant to this chap- ter and the Employment Act of 1946 [15 U.S.C. 1021 et seq.] after such modification in such pro- posals as it deems desirable. Nothing in this sub- chapter shall be construed to prevent the Con-