-CITE-

15 USC CHAPTER 58 - FULL EMPLOYMENT AND BALANCED GROWTH 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 58 - FULL EMPLOYMENT AND BALANCED GROWTH

.

-HEAD-

CHAPTER 58 - FULL EMPLOYMENT AND BALANCED GROWTH

-MISC1-

Sec.

3101. Congressional findings.

3102. Report to Congressional committees.

3103. National Employment Conference.

(a) Organization and implementation.

(b) Subject matter.

SUBCHAPTER I - STRUCTURAL ECONOMIC POLICIES AND PROGRAMS INCLUDING

TREATMENT OF RESOURCE RESTRAINTS

3111. Congressional statement of purpose.

3112. Countercyclical employment policies.

(a) Programmatic entities.

(b) Triggering mechanism.

3113. Economic activity coordination.

(a) Federal, regional, State, local, and private

sector.

(b) Fiscal needs and budget conditions.

3114. Regional and structural employment policies and programs.

(a) Recommendation of legislation.

(b) Private sector production and employment; effect

of Federal policies.

3115. Youth employment policies and programs.

(a) Congressional findings.

(b) Improvement and expansion.

3116. Job training, counseling and reservoirs of employment

projects.

(a) Policies, procedures and recommendations.

(b) Utilization of authority under other laws.

(c) Establishment of project reservoirs; restrictions

and requirements of new programs.

(d) Regulations.

3117. Capital formation.

(a) Congressional findings.

(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.

SUBCHAPTER II - POLICIES AND PROCEDURES FOR CONGRESSIONAL REVIEW

3131. Congressional statement of purpose.

(a) Establishment of procedures for review and

action.

(b) Legislative action.

3132. Committee review.

(a) Short-term and medium-term goals.

(b) Hearings.

(c) Report of standing and joint committees and

committees with legislative jurisdiction.

(d) Report of Joint Economic Committee.

3133. Exercise of rulemaking powers.

SUBCHAPTER III - GENERAL PROVISIONS

3151. Nondiscrimination.

(a) Exclusion from participation or denial of

benefits.

(b) Noncompliance notification; remedies of Secretary

of Labor.

(c) Civil action by Attorney General.

(d) Enforcement analysis in Report of President.

3152. Labor standards.

(a) Equal wages; increase in employment.

(b) Wage rates; work limitations of reservoir

projects employees.

(c) Recommendations of President.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1021, 1022, 1022b, 1022c,

1022d, 1022f, 1023 of this title.

-CITE-

15 USC Sec. 3101 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 58 - FULL EMPLOYMENT AND BALANCED GROWTH

-HEAD-

Sec. 3101. Congressional findings

-STATUTE-

(a) The Congress finds that the Nation has suffered substantial

unemployment and underemployment, idleness of other productive

resources, high rates of inflation, and inadequate productivity

growth, over prolonged periods of time, imposing numerous economic

and social costs on the Nation. Such costs include the following:

(1) The Nation is deprived of the full supply of goods and

services, the full utilization of labor and capital resources,

and the related increases in economic well-being that would occur

under conditions of genuine full employment, production, and real

income, balanced growth, a balanced Federal budget, and the

effective control of inflation.

(2) The output of goods and services is insufficient to meet

pressing national priorities.

(3) Workers are deprived of the job security, income, skill

development, and productivity necessary to maintain and advance

their standards of living.

(4) Business and industry are deprived of the production,

sales, capital flow, and productivity necessary to maintain

adequate profits, undertake new investment, create jobs, compete

internationally, and contribute to meeting society's economic

needs. These problems are especially acute for smaller

businesses. Variations in the business cycle and low-level

operations of the economy are far more damaging to smaller

businesses than to larger business concerns because smaller

businesses have fewer available resources, and less access to

resources, to withstand nationwide economic adversity. A decline

in small business enterprises contributes to unemployment by

reducing employment opportunities and contributes to inflation by

reducing competition.

(5) Unemployment exposes many families to social,

psychological, and physiological costs, including disruption of

family life, loss of individual dignity and self-respect, and the

aggravation of physical and psychological illnesses, alcoholism

and drug abuse, crime, and social conflicts.

(6) Federal, State, and local government budgets are undermined

by deficits due to shortfalls in tax revenues and in increases in

expenditures for unemployment compensation, public assistance,

and other recession-related services in the areas of criminal

justice, alcoholism and drug abuse, and physical and mental

health.

(b) The Congress further finds that:

(1) High unemployment may contribute to inflation by

diminishing labor training and skills, underutilizing capital

resources, reducing the rate of productivity advance, increasing

unit labor costs, and reducing the general supply of goods and

services.

(2) Aggregate monetary and fiscal policies alone have been

unable to achieve full employment and production, increased real

income, balanced growth, a balanced Federal budget, adequate

productivity growth, proper attention to national priorities,

achievement of an improved trade balance, and reasonable price

stability, and therefore must be supplemented by other measures

designed to serve these ends.

(3) Attainment of these objectives should be facilitated by

setting explicit short-term and medium-term economic goals, and

by improved coordination among the President, the Congress, and

the Board of Governors of the Federal Reserve System.

(4) Increasing job opportunities and full employment would

greatly contribute to the elimination of discrimination based

upon sex, age, race, color, religion, national origin, handicap,

or other improper factors.

(c) The Congress further finds that an effective policy to

promote full employment and production, increased real income,

balanced growth, a balanced Federal budget, adequate productivity

growth, proper attention to national priorities, achievement of an

improved trade balance, and reasonable price stability should (1)

be based on the development of explicit economic goals and policies

involving the President, the Congress, and the Board of Governors

of the Federal Reserve System, with maximum reliance on the

resources and ingenuity of the private sector of the economy, (2)

include programs specifically designed to reduce high unemployment

due to recessions, and to reduce structural unemployment within

regional areas and among particular labor force groups, and (3)

give proper attention to the role of increased exports and

improvement in the international competitiveness of agriculture,

business, and industry in providing productive employment

opportunities and achieving an improved trade balance.

(d) The Congress further finds that full employment and

production, increased real income, balanced growth, a balanced

Federal budget, adequate productivity growth, 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

reasonable price stability are important national requirements and

will promote the economic security and well-being of all citizens

of the Nation.

(e) The Congress further finds that the United States is part of

an interdependent world trading and monetary system and that

attainment of the requirements specified in subsection (d) of this

section is dependent upon policies promoting a free and fair

international trading system and a sound and stable international

monetary system.

-SOURCE-

(Pub. L. 95-523, Sec. 2, Oct. 27, 1978, 92 Stat. 1888.)

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 95-523 provided in part that this Act

(enacting this chapter and sections 1022a to 1022f of this title,

amending sections 1021, 1022, 1023, and 1024 of this title,

sections 632 and 636 of Title 2, The Congress, and section 225a of

Title 12, Banks and Banking, and enacting provisions set out as

notes under section 1021 of title and section 225a of Title 12) may

be cited as the ''Full Employment and Balanced Growth Act of

1978''.

-CITE-

15 USC Sec. 3102 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 58 - FULL EMPLOYMENT AND BALANCED GROWTH

-HEAD-

Sec. 3102. Report to Congressional committees

-STATUTE-

Not later than one year after October 27, 1978, the Committee on

Labor and Human Resources of the Senate and the Committee on

Education and Labor of the House of Representatives each shall

conduct a study and submit a report, including findings and

recommendations, to the Committee on Rules and Administration of

the Senate and the Committee on Rules of the House, respectively,

on the subject of establishing a full employment goal in connection

with the provisions of this chapter.

-SOURCE-

(Pub. L. 95-523, Sec. 3, Oct. 27, 1978, 92 Stat. 1889; S. Res. 30,

Mar. 7, 1979.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

Act'', meaning Pub. L. 95-523, Oct. 27, 1978, 92 Stat. 1887, known

as the Full Employment and Balanced Growth Act of 1978, which

enacted this chapter and sections 1022a to 1022f of this title,

amended sections 1021, 1022, and 1023 of this title, sections 632

and 636 of Title 2, The Congress, and section 225a of Title 12,

Banks and Banking, and enacted provisions set out as notes under

sections 1021 and 3101 of this title and section 225a of Title 12.

For complete classification of this Act to the Code, see Short

Title note set out under section 3101 of this title and Tables.

-CHANGE-

CHANGE OF NAME

Committee on Human Resources of the Senate changed to Committee

on Labor and Human Resources effective Mar. 7, 1979, by Senate

Resolution No. 30, 96th Congress. See, also, Rule XXV of Standing

Rules of the Senate adopted Nov. 14, 1979.

Committee on Education and Labor of House of Representatives

treated as referring to Committee on Economic and Educational

Opportunities of House of Representatives by section 1(a) of Pub.

L. 104-14, set out as a note preceding section 21 of Title 2, The

Congress. Committee on Economic and Educational Opportunities of

House of Representatives changed to Committee on Education and the

Workforce of House of Representatives by House Resolution No. 5,

One Hundred Fifth Congress, Jan. 7, 1997.

-CITE-

15 USC Sec. 3103 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 58 - FULL EMPLOYMENT AND BALANCED GROWTH

-HEAD-

Sec. 3103. National Employment Conference

-STATUTE-

(a) Organization and implementation

A National Employment Conference may be convened in the District

of Columbia within a reasonable period of time after October 27,

1978. Responsibility for the organization and implementation of

this conference shall rest with the President or the appropriate

department or agency of the Federal Government, and the conference

shall bring together leaders of small and larger business, labor,

government, and all other interested parties.

(b) Subject matter

The subject of the conference shall be employment, with

particular attention to structural unemployment and the plight of

disadvantaged youth. The conference shall also focus on issues

such as implementation of adequate and effective incentives for

private sector employers to hire the hard-core unemployed. Special

attention shall be given to the creation of jobs through the use of

targeted employment tax credits, wage vouchers, and other

incentives to private sector businesses.

-SOURCE-

(Pub. L. 95-523, Sec. 4, Oct. 27, 1978, 92 Stat. 1889.)

-CITE-

15 USC SUBCHAPTER I - STRUCTURAL ECONOMIC POLICIES AND

PROGRAMS INCLUDING TREATMENT OF RESOURCE

RESTRAINTS 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 58 - FULL EMPLOYMENT AND BALANCED GROWTH

SUBCHAPTER I - STRUCTURAL ECONOMIC POLICIES AND PROGRAMS INCLUDING

TREATMENT OF RESOURCE RESTRAINTS

.

-HEAD-

SUBCHAPTER I - STRUCTURAL ECONOMIC POLICIES AND PROGRAMS INCLUDING

TREATMENT OF RESOURCE RESTRAINTS

-CITE-

15 USC Sec. 3111 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 58 - FULL EMPLOYMENT AND BALANCED GROWTH

SUBCHAPTER I - STRUCTURAL ECONOMIC POLICIES AND PROGRAMS INCLUDING

TREATMENT OF RESOURCE RESTRAINTS

-HEAD-

Sec. 3111. Congressional statement of purpose

-STATUTE-

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.

-SOURCE-

(Pub. L. 95-523, title II, Sec. 201, Oct. 27, 1978, 92 Stat. 1899.)

-REFTEXT-

REFERENCES IN TEXT

For definition of ''this chapter'', referred to in text, see

References in Text note set out under section 3102 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3112, 3114 of this title.

-CITE-

15 USC Sec. 3112 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 58 - FULL EMPLOYMENT AND BALANCED GROWTH

SUBCHAPTER I - STRUCTURAL ECONOMIC POLICIES AND PROGRAMS INCLUDING

TREATMENT OF RESOURCE RESTRAINTS

-HEAD-

Sec. 3112. Countercyclical employment policies

-STATUTE-

(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

In any countercyclical efforts undertaken, the President shall

consider a triggering mechanism which will implement the program

during a period of rising unemployment and phase out the program

when unemployment is appropriately reduced, and incorporate

effective means to facilitate individuals assisted under programs

developed pursuant to this section to return promptly to regular

private and public employment as the economy recovers.

-SOURCE-

(Pub. L. 95-523, title II, Sec. 202, Oct. 27, 1978, 92 Stat. 1900.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3113, 3116 of this title.

-CITE-

15 USC Sec. 3113 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 58 - FULL EMPLOYMENT AND BALANCED GROWTH

SUBCHAPTER I - STRUCTURAL ECONOMIC POLICIES AND PROGRAMS INCLUDING

TREATMENT OF RESOURCE RESTRAINTS

-HEAD-

Sec. 3113. Economic activity coordination

-STATUTE-

(a) Federal, regional, State, local, and private sector

As an integral part of any countercyclical employment policies

undertaken in accord with section 3112 of this title, the President

shall, to the extent the President deems necessary, set forth

programs and policies, including recommended legislation where

needed, to coordinate economic action among the Federal Government,

regions, States and localities, and the private sector to promote

achievement of the purposes of this chapter and the Employment Act

of 1946 (15 U.S.C. 1021 et seq.) and an economic environment in

which State and local governments and private sector economic

activity and employment will prosper. In considering programs and

policies related to the private sector, full consideration shall be

given to promoting the growth and well-being of small businesses

and employment training programs through private sector incentives.

(b) Fiscal needs and budget conditions

In any efforts under this section, the President shall endeavor

to meet criteria that establish programs which are funded to take

account of the fiscal needs and budget conditions of the respective

States and localities and their own efforts, with special attention

to the rates of unemployment in such States and localities.

-SOURCE-

(Pub. L. 95-523, title II, Sec. 203, Oct. 27, 1978, 92 Stat. 1900.)

-REFTEXT-

REFERENCES IN TEXT

For definition of ''this chapter'', referred to in subsec. (a),

see References in Text note set out under section 3102 of this

title.

The Employment Act of 1946, referred to in subsec. (a), is act

Feb. 20, 1946, ch. 33, 60 Stat. 23, as amended, which is classified

generally to chapter 21 (Sec. 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.

-EXEC-

EXECUTIVE ORDER NO. 12329

Ex. Ord. No. 12329, Oct. 14, 1981, 46 F.R. 50919, which

established the President's Task Force on Private Sector

Initiatives and provided for its membership, functions, etc., was

revoked by Ex. Ord. No. 12399, Sec. 4(i), Dec. 31, 1982, 48 F.R.

380, formerly set out as a note under section 14 of the Federal

Advisory Committee Act in the Appendix to Title 5, Government

Organization and Employees.

-CITE-

15 USC Sec. 3114 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 58 - FULL EMPLOYMENT AND BALANCED GROWTH

SUBCHAPTER I - STRUCTURAL ECONOMIC POLICIES AND PROGRAMS INCLUDING

TREATMENT OF RESOURCE RESTRAINTS

-HEAD-

Sec. 3114. Regional and structural employment policies and programs

-STATUTE-

(a) Recommendation of legislation

To the extent deemed appropriate by the President in fulfillment

of the purposes of section 3111 of this title, the President shall

recommend legislation to the Congress if necessary, 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 locate

within depressed localities and regions with substantial

unemployment and to aid in stabilizing their economic base. To the

extent feasible, such policies and programs shall foster the

establishment and growth of smaller businesses in such localities

and regions. Any regional employment proposal of the President

shall also include an analysis of the extent to which Federal tax,

expenditure (including procurement of goods and services), defense,

transportation, energy, 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.

-SOURCE-

(Pub. L. 95-523, title II, Sec. 204, Oct. 27, 1978, 92 Stat. 1901.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3116 of this title.

-CITE-

15 USC Sec. 3115 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 58 - FULL EMPLOYMENT AND BALANCED GROWTH

SUBCHAPTER I - STRUCTURAL ECONOMIC POLICIES AND PROGRAMS INCLUDING

TREATMENT OF RESOURCE RESTRAINTS

-HEAD-

Sec. 3115. Youth employment policies and programs

-STATUTE-

(a) Congressional findings

The Congress finds and declares -

(1) That (FOOTNOTE 1) serious unemployment and economic

disadvantage of a unique nature exist among youths even under

generally favorable economic conditions;

(FOOTNOTE 1) So in original. Probably should not be

capitalized.

(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;

(FOOTNOTE 2)

(FOOTNOTE 2) So in original. The semicolon probably should be a

period.

-SOURCE-

(Pub. L. 95-523, title II, Sec. 205, Oct. 27, 1978, 92 Stat. 1901.)

-REFTEXT-

REFERENCES IN TEXT

For definition of ''this chapter'', referred to in subsec. (b),

see References in Text note set out under section 3102 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3112, 3116 of this title.

-CITE-

15 USC Sec. 3116 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 58 - FULL EMPLOYMENT AND BALANCED GROWTH

SUBCHAPTER I - STRUCTURAL ECONOMIC POLICIES AND PROGRAMS INCLUDING

TREATMENT OF RESOURCE RESTRAINTS

-HEAD-

Sec. 3116. Job training, counseling and reservoirs of employment

projects

-STATUTE-

(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.

-SOURCE-

(Pub. L. 95-523, title II, Sec. 206, Oct. 27, 1978, 92 Stat. 1902;

Pub. L. 105-277, div. A, Sec. 101(f) (title VIII, Sec.

405(d)(12)(A), (f)(10)), Oct. 21, 1998, 112 Stat. 2681-337,

2681-420, 2681-431.)

-REFTEXT-

REFERENCES IN TEXT

For definition of ''this chapter'', referred to in subsecs. (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, as amended, which is

classified generally to chapter 21 (Sec. 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 Job Training Partnership Act, referred to in subsec. (b), is

Pub. L. 97-300, Oct. 13, 1982, 96 Stat. 1322, as amended, which was

classified generally to chapter 19 (Sec. 1501 et seq.) of Title 29,

Labor, prior to repeal by Pub. L. 105-220, title I, Sec. 199(b)(2),

(c)(2)(B), Aug. 7, 1998, 112 Stat. 1059, effective July 1, 2000.

For complete classification of this Act to the Code, see Tables.

The Workforce Investment Act of 1998, referred to in subsecs. (b)

and (c)(1), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as

amended. Title I of the Act is classified principally to chapter

30 (Sec. 2801 et seq.) of Title 29, Labor. For complete

classification of this Act to the Code, see Short Title note set

out under section 9201 of Title 20, Education, and Tables.

-MISC2-

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-277, Sec. 101(f) (title VIII,

Sec. 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, Sec. 101(f) (title VIII, Sec.

405(d)(12)(A)(i)(I)). See below.

Pub. L. 105-277, Sec. 101(f) (title VIII, Sec.

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, Sec. 101(f) (title VIII, Sec.

405(d)(12)(A)(i)(II)), struck out ''(including use of section 110

of CETA when necessary)'' before semicolon at end.

Subsec. (c)(1). Pub. L. 105-277, Sec. 101(f) (title VIII, Sec.

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, Sec. 101(f) (title VIII, Sec.

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''.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by section 101(f) (title VIII, Sec. 405(d)(12)(A)) of

Pub. L. 105-277 effective Oct. 21, 1998, and amendment by section

101(f) (title VIII, Sec. 405(f)(10)) of Pub. L. 105-277 effective

July 1, 2000, see section 101(f) (title VIII, Sec. 405(g)(1),

(2)(B)) of Pub. L. 105-277, set out as a note under section 3502 of

Title 5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1021, 3152 of this title.

-CITE-

15 USC Sec. 3117 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 58 - FULL EMPLOYMENT AND BALANCED GROWTH

SUBCHAPTER I - STRUCTURAL ECONOMIC POLICIES AND PROGRAMS INCLUDING

TREATMENT OF RESOURCE RESTRAINTS

-HEAD-

Sec. 3117. Capital formation

-STATUTE-

(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

The Economic Report shall include an Investment Policy Report

which shall, as appropriate, (1) review and assess existing Federal

Government programs and policies which affect business 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, required by, and applied to small, medium and large

business entities; (3) provide an analysis of current foreseeable

trends in the level of investment 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 President's Budget, as appropriate, new

programs or modifications to improve existing programs concerned

with private capital formation. The President shall also transmit

to the Congress as part of the President's Budget such other

recommendations as the President may deem necessary or desirable to

achieve the policy as set forth in section 1021(i) of this title.

The Investment Policy Report, when transmitted to the Congress,

shall be referred to the Joint Economic Committee.

(c) Review in Economic Report of Federal policies and programs

which affect public investments; recommendations respecting new

policies or programs

The Economic Report referred to in subsection (b) of this section

shall review and assess Federal policies and programs which

directly, or through grants-in-aid to State and local governments,

or indirectly through other means, affect the adequacy, 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 recommend, as appropriate, new

programs and policies or modifications to improve existing Federal

programs affecting public investment.

-SOURCE-

(Pub. L. 95-523, title II, Sec. 207, Oct. 27, 1978, 92 Stat. 1903.)

-REFTEXT-

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 subsec. (c),

see References in Text note set out under section 3102 of this

title.

The Employment Act of 1946, referred to in subsec. (c), is act

Feb. 20, 1946, ch. 33, 60 Stat. 23, as amended, which is classified

generally to chapter 21 (Sec. 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.

-CITE-

15 USC SUBCHAPTER II - POLICIES AND PROCEDURES FOR

CONGRESSIONAL REVIEW 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 58 - FULL EMPLOYMENT AND BALANCED GROWTH

SUBCHAPTER II - POLICIES AND PROCEDURES FOR CONGRESSIONAL REVIEW

.

-HEAD-

SUBCHAPTER II - POLICIES AND PROCEDURES FOR CONGRESSIONAL REVIEW

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 1022a of this title.

-CITE-

15 USC Sec. 3131 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 58 - FULL EMPLOYMENT AND BALANCED GROWTH

SUBCHAPTER II - POLICIES AND PROCEDURES FOR CONGRESSIONAL REVIEW

-HEAD-

Sec. 3131. Congressional statement of purpose

-STATUTE-

(a) Establishment of procedures for review and action

The purposes of this subchapter are to establish procedures for

congressional review and action 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 System, 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 chapter and the Employment Act of 1946 (15 U.S.C. 1021 et

seq.) after such modification in such proposals as it deems

desirable. Nothing in this subchapter shall be construed to

prevent the Congress or any of its committees from considering or

initiating at any time legislative action in furtherance of the

goals and purposes of this chapter.

-SOURCE-

(Pub. L. 95-523, title III, Sec. 301, Oct. 27, 1978, 92 Stat.

1904.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in text, was in the original ''this

title'', meaning title III of Pub. L. 95-523, Oct. 27, 1978, 92

Stat. 1904, which enacted this subchapter and amended sections 632

and 636 of Title 2, The Congress. For complete classification of

this Act to the Code, see Short Title note set out under section

3101 of this title and Tables.

For definition of ''this chapter'', referred to in text, see

References in Text note set out under section 3102 of this title.

The Employment Act of 1946, referred to in subsecs. (a) and (b),

is act Feb. 20, 1946, ch. 33, 60 Stat. 23, as amended, which is

classified generally to chapter 21 (Sec. 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.

-CITE-

15 USC Sec. 3132 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 58 - FULL EMPLOYMENT AND BALANCED GROWTH

SUBCHAPTER II - POLICIES AND PROCEDURES FOR CONGRESSIONAL REVIEW

-HEAD-

Sec. 3132. Committee review

-STATUTE-

(a) Short-term and medium-term goals

In conjunction with its review of the Economic Report, and the

holding of hearings on the Economic Report under the Employment Act

of 1946 (15 U.S.C. 1021 et seq.), the Joint Economic Committee

shall review and analyze the short-term and medium-term goals set

forth in the Economic Report pursuant to section 3(a)(2) and 4(b)

of the Employment Act of 1946 (15 U.S.C. 1022(a)(2), 1022a(b)).

(b) Hearings

The Joint Economic Committee shall hold hearings on the Economic

Report for the purpose of receiving testimony from Members of the

Congress, and such appropriate representatives of Federal

departments and agencies, the general public, and interested groups

as the joint committee deems advisable. The joint committee shall

also consider the comments and views on the Economic Report which

are received from State and local officials.

(c) Report of standing and joint committees and committees with

legislative jurisdiction

Within thirty days after receipt by the Congress of the Economic

Report, each standing committee of the Senate and the House of

Representatives, each other committee of the Senate and the House

of Representatives which has legislative jurisdiction, and each

joint committee of the Congress may submit to the Joint Economic

Committee, for use by the Joint Economic Committee in conducting

its review and analysis under subsection (a) of this section, a

report containing the views and recommendations of the submitting

committee with respect to aspects of the Economic Report which

relate to its jurisdiction.

(d) Report of Joint Economic Committee

On or before March 15 of each year, a majority of the members of

the Joint Economic Committee shall submit a report to the

Committees on the Budget of the Senate and the House of

Representatives. Such report shall include findings,

recommendations, and any appropriate analyses with respect and in

direct comparison to each of the short-term and medium-term goals

set forth in the Economic Report.

-SOURCE-

(Pub. L. 95-523, title III, Sec. 302, Oct. 27, 1978, 92 Stat.

1904.)

-REFTEXT-

REFERENCES IN TEXT

The Employment Act of 1946, referred to in subsec. (a), is act

Feb. 20, 1946, ch. 33, 60 Stat. 23, as amended, which is classified

generally to chapter 21 (Sec. 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.

-CITE-

15 USC Sec. 3133 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 58 - FULL EMPLOYMENT AND BALANCED GROWTH

SUBCHAPTER II - POLICIES AND PROCEDURES FOR CONGRESSIONAL REVIEW

-HEAD-

Sec. 3133. Exercise of rulemaking powers

-STATUTE-

(a) (FOOTNOTE 1) The Provisions of this subchapter and the

amendments made by such provisions are enacted by the Congress -

(FOOTNOTE 1) So in original. No subsec. (b) has been enacted.

(1) as an exercise of the rulemaking power of the House of

Representatives and the Senate, respectively, and as such they

shall be considered as part of the rules of each House,

respectively, or of that House to which they specifically apply,

and such rules shall supersede other rules only to the extent

that they are inconsistent therewith; and

(2) with full recognition of the constitutional right of either

House to change such rules (so far as relating to such House), at

any time, in the same manner and to the same extent as in the

case of any other rule of such House.

-SOURCE-

(Pub. L. 95-523, title III, Sec. 305, Oct. 27, 1978, 92 Stat.

1907.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in text, was in the original ''this

title'', meaning title III of Pub. L. 95-523, Oct. 27, 1978, 92

Stat. 1904, which enacted this subchapter and amended sections 632

and 636 of Title 2, The Congress. For complete classification of

this Act to the Code, see Short Title note set out under section

3101 of this title and Tables.

-CITE-

15 USC SUBCHAPTER III - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 58 - FULL EMPLOYMENT AND BALANCED GROWTH

SUBCHAPTER III - GENERAL PROVISIONS

.

-HEAD-

SUBCHAPTER III - GENERAL PROVISIONS

-CITE-

15 USC Sec. 3151 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 58 - FULL EMPLOYMENT AND BALANCED GROWTH

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 3151. Nondiscrimination

-STATUTE-

(a) Exclusion from participation or denial of benefits

No person in the United States shall on the ground of sex, age,

race, color, religion, national origin or handicap be excluded from

participation in, be denied the benefits of, or be subjected to

discrimination under any program or activity funded pursuant to the

implementation of this chapter, including membership in any

structure created by this chapter.

(b) Noncompliance notification; remedies of Secretary of Labor

Whenever the Secretary of Labor determines that a recipient of

funds made available pursuant to this chapter has failed to comply

with subsection (a) of this section, or an applicable regulation,

the Secretary shall notify the recipient of the noncompliance and

shall request such recipient to secure compliance. If within a

reasonable period of time, not to exceed sixty days, the recipient

fails or refuses to secure compliance, the Secretary of Labor may -

(1) refer the matter to the Attorney General with a

recommendation that an appropriate civil action be instituted;

(2) exercise the powers and functions provided by title VI of

the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) (FOOTNOTE

1) or

(FOOTNOTE 1) So in original. Probably should be followed by a

semicolon.

(3) take such other action as may be provided by law.

(c) Civil action by Attorney General

When a matter is referred to the Attorney General pursuant to

subsection (b) of this section, or whenever the Attorney General

has reason to believe that a recipient is engaged in a pattern or

practice in violation of the provisions of this section, the

Attorney General may bring a civil action in the appropriate United

States district court for any and all appropriate relief.

(d) Enforcement analysis in Report of President

To assist and evaluate the enforcement of this section, and the

broader equal employment opportunity policies of this chapter the

Secretary of Labor shall include, in the annual report referred to

in section 1022a(f)(2)(B) of this title, a detailed analysis of the

extent to which the enforcement of this section achieves positive

results in both the quantity and quality of jobs, and for

employment opportunities generally.

-SOURCE-

(Pub. L. 95-523, title IV, Sec. 401, Oct. 27, 1978, 92 Stat. 1907;

Pub. L. 105-277, div. A, Sec. 101(f) (title VIII, Sec.

405(d)(12)(B)), Oct. 21, 1998, 112 Stat. 2681-337, 2681-421.)

-REFTEXT-

REFERENCES IN TEXT

For definition of ''this chapter'', referred to in subsecs. (a),

(b), and (d), see References in Text note set out under section

3102 of this title.

The Civil Rights Act of 1964, referred to in subsec. (b)(2), is

Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI

of the Civil Rights Act of 1964 is classified generally to

subchapter V (Sec. 2000d et seq.) of chapter 21 of Title 42, The

Public Health and Welfare. For complete classification of this Act

to the Code, see Short Title note set out under section 2000a of

Title 42 and Tables.

-MISC2-

AMENDMENTS

1998 - Subsec. (d). Pub. L. 105-277 substituted ''include, in the

annual report referred to in section 1022a(f)(2)(B) of this

title,'' for ''include, in the annual Employment and Training

Report of the President provided under section 705(a) of CETA,''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3116 of this title.

-CITE-

15 USC Sec. 3152 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 58 - FULL EMPLOYMENT AND BALANCED GROWTH

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 3152. Labor standards

-STATUTE-

(a) Equal wages; increase in employment

Any new program enacted and funded pursuant to the implementation

of this chapter shall, subject to any limitations on maximum annual

compensation as may be provided in the law authorizing such

programs, provide that persons employed are paid equal wages for

equal work, and that such policies and programs create a net

increase in employment through work that would not otherwise be

done or are essential to fulfill national priority purposes.

(b) Wage rates; work limitations of reservoir projects employees

Any person employed in any reservoir project enacted and funded

pursuant to the implementation of section 3116(c)(1) of this title,

or in any other job created pursuant to implementation of this

chapter, shall, subject to any limitations on maximum annual

compensation as may be provided in the law authorizing such

programs, be paid not less than the pay received by others

performing the same type of work for the same employer, and in no

case less than the minimum wage under the Fair Labor Standards Act

of 1938 (29 U.S.C. 201 et seq.). No person employed in any

reservoir project enacted and funded pursuant to implementation of

section 3116(c)(1) of this title shall perform work of the type to

which sections 3141-3144, 3146, and 3147 of title 40 apply, except

as otherwise may be specifically authorized by law.

(c) Recommendations of President

Any recommendation by the President for legislation to implement

any program enacted pursuant to the provisions of this chapter,

requiring the use of funds under this chapter, and submitted

pursuant to the requirements of this chapter, shall contain

appropriate wage provisions based upon existing wage standard

legislation.

-SOURCE-

(Pub. L. 95-523, title IV, Sec. 402, Oct. 27, 1978, 92 Stat. 1908.)

-REFTEXT-

REFERENCES IN TEXT

For definition of ''this chapter'', referred to in text, see

References in Text note set out under section 3102 of this title.

The Fair Labor Standards Act, referred to in subsec. (b), is act

June 25, 1938, ch. 676. 52 Stat. 1060, as amended, which is

classified generally to chapter 8 (Sec. 201 et seq.) of Title 29,

Labor. For complete classification of this Act to the Code, see

section 201 of Title 29, and Tables.

-COD-

CODIFICATION

''Sections 3141-3144, 3146, and 3147 of title 40 apply''

substituted in subsec. (b) for ''the Davis-Bacon Act (40 U.S.C.

276a - 276a-5) applies'' on authority of Pub. L. 107-217, Sec.

5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which

enacted Title 40, Public Buildings, Property, and Works.

-CITE-