§ 3116. Job training, counseling and reservoirs of employment projects

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1978

   Full Employment and Balanced Growth Act of 1978

   Pub. L. 95–523 title II § 206 · 92 Stat. 1887

   Enacted · 15 U.S.C. § 3116

   Pub. L. 95–523, title II, § 206, Oct. 27, 1978, 92 Stat. 1902

   Source evidence

   Code source credit
   Pub. L. 95–523, title II, § 206, Oct. 27, 1978, 92 Stat. 1902

   Enacted provision · exact public law section
   Sec. 206. job training, counseling and reservoirs of employment projects (a) Further to promote achievement of full employment under this Act and the Employment Act of 1946, 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 CETA 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 Post, p. 1930. work for employment (including use of section 110 of CETA when necessary); (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 202, 204, and 205 of this Act; 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, 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 CETA 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 the date of enactment of this Act referred to in paragraph (c)(1)— (A) shall not be put into operation earlier than two years after the enactment of this Act, 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; (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 Ante, pp. 1892, 1893. 4(b) of the Employment Act of 1946. (d) The Secretary, in carrying out the provisions of this section, Regulations. 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 Act in accordance with section 401; (3) appropriate eligibility criteria to determine the order of priority of access of any person to any new programs under subjection (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.

2. 1998

   Pub. L. 105–277 § 101(f)(tVIII)(s405)(f)(10)(A) · 112 Stat. 2681

   Substituted · 15 U.S.C. § 3116(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   Sec. 101. For programs, projects or activities in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act: AN ACT Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999.

3. 1998

   Pub. L. 105–277 § 101(f)(tVIII)(s405)(d)(12)(A)(i)(I) · 112 Stat. 2681

   Substituted · 15 U.S.C. § 3116(b)

   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

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   Sec. 101. For programs, projects or activities in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act: AN ACT Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999.

4. 1998

   Pub. L. 105–277 § 101(f)(tVIII)(s405)(d)(12)(A)(i)(II) · 112 Stat. 2681

   Struck · 15 U.S.C. § 3116(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   Sec. 101. For programs, projects or activities in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act: AN ACT Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999.

5. 1998

   Pub. L. 105–277 § 101(f)(tVIII)(s405)(f)(10)(B) · 112 Stat. 2681

   Struck · 15 U.S.C. § 3116(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   Sec. 101. For programs, projects or activities in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act: AN ACT Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999.

6. 1998

   Pub. L. 105–277 § 101(f)(tVIII)(s405)(d)(12)(A)(ii) · 112 Stat. 2681

   Substituted · 15 U.S.C. § 3116(c)(1)

   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”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   Sec. 101. For programs, projects or activities in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act: AN ACT Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999.

7. 2014

   Workforce Innovation and Opportunity Act

   Pub. L. 113–128 § 512(m)(1) · 128 Stat. 1425

   Substituted · 15 U.S.C. § 3116(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (1) in subsection (b), in the matter preceding paragraph (1), by striking “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” and inserting “the Secretary of Labor shall, as appropriate, fully utilize the authority provided under title I of the Workforce Innovation and Opportunity Act”; and

   Effective date note
   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.

8. 2014

   Workforce Innovation and Opportunity Act

   Pub. L. 113–128 § 512(m)(2) · 128 Stat. 1425

   Substituted · 15 U.S.C. § 3116(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (2) in subsection (c)(1), by striking “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” and inserting “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”.

   Effective date note
   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.

8 of 8 references resolved to an enrolled provision