[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4278 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 4278
To require the Secretary of Labor to establish a pilot program to
provide grants for job guarantee programs.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 10, 2019
Mrs. Watson Coleman (for herself, Ms. Omar, Mr. Khanna, Mr. Serrano,
Mr. Thompson of Mississippi, Mr. Pallone, Ms. Norton, Mr. Payne, Ms.
Kelly of Illinois, Ms. Lee of California, Mr. DeSaulnier, Mr. Pocan,
Ms. Wilson of Florida, Ms. Jayapal, Ms. Barragan, Ms. Clarke of New
York, Mr. Rush, Ms. Schakowsky, Ms. Tlaib, Mr. Evans, Mr. Cleaver, Mr.
Cummings, and Mrs. Lawrence) introduced the following bill; which was
referred to the Committee on Education and Labor, and in addition to
the Committee on Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To require the Secretary of Labor to establish a pilot program to
provide grants for job guarantee programs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Jobs Guarantee Development
Act of 2019''.
SEC. 2. JOB GUARANTEE PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means an
entity that--
(A) is a political subdivision of a State, Tribal
entity, or a combination of contiguous political
subdivisions or Tribal entities;
(B) has an unemployment rate that is not less than
150 percent of the national unemployment rate, as
determined by the Bureau of Labor Statistics (except in
the case of Tribal entities which may submit their own
employment data where no such Federal data is available
for such entities) based on the most recent data
available at the time the Secretary solicits
applications for grants under this section; and
(C) submits an application in accordance with
subsection (d).
(2) Job guarantee program.--The term ``job guarantee
program'' means a program that meets the requirements of
subsection (c).
(3) Rural area.--The term ``rural area'' means an area that
is located outside of an urban area.
(4) Tribal entity.--The term ``Tribal entity'' means an
Indian tribe or tribal organization as such terms are defined
in section 4 of the Indian Self-Determination Act (25 U.S.C.
5304).
(5) Urban area.--The term ``urban area'' means an urbanized
area (a region of 50,000 or more residents) and an urbanized
cluster (and area encompassing between 2,500 and 50,000
residents), according to the Census Bureau's urban-rural
classification in the 2010 census.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(7) WIOA definitions.--The terms ``adult education and
literacy activities'', ``career planning'', ``individual with a
barrier to employment'', ``in-demand industry sector or
occupation'', ``local board'', ``recognized postsecondary
credential'', ``State board'', ``supportive services'', and
``workplace learning advisor'' have the meanings given such
terms in section 3 of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3102).
(b) Establishment.--
(1) In general.--The Secretary shall establish a pilot
program to provide competitive grants to eligible entities to
establish programs to ensure that any individual within the
area served by the entity who applies for a job through the
program will be provided with employment as provided for in
this section.
(2) Termination.--Federal funding for a job guarantee
program established under a grant under this section shall
terminate on the earlier of--
(A) the end of the 3-year period beginning on the
date of the grant; or
(B) the date of any revocation of the grantee as an
eligible entity.
(c) Job Guarantee Programs.--A job guarantee program meets the
requirements of this subsection if the jobs provided under such
program--
(1) are available to all individuals who--
(A) are 18 years of age or older; and
(B) reside in the area served under the program at
the time the area became an eligible entity;
except that participants in the program may be disciplined,
released, or suspended from further participation in jobs under
this program if they are found to be negligent, or generally
disruptive to the workplace involved under procedures
established by the Secretary that provide for an opportunity
for a review of such determinations;
(2) are, with respect to individual participants, included
as part of an established bargaining unit and covered by any
applicable collective bargaining agreement in effect if
similarly situated employees are part of such unit and
represented by an exclusive bargaining representative;
(3) are available for the duration of the pilot program;
(4) provide a wage of not less than the greater of--
(A) the hourly wage provided for under the
provisions of S. 150 (116th Congress), if enacted, or
the hourly wage otherwise required to be paid to
employees in area to be served under the pilot program,
whichever is greater;
(B) the prevailing wage in the area involved for a
similar job as required by chapter 67 of title 41,
United States Code, and other related laws; or
(C) the applicable wage under an applicable
collective bargaining agreement as provided for under
paragraph (2);
(5) provide for coverage of the worker under a health
insurance program that is comparable to that offered to Federal
employees under the Federal Employee Health Benefits Program;
and
(6) provide at a minimum--
(A) paid family leave consistent with the
provisions of S. 463 (116th Congress) and applicable
State law; and
(B) paid sick leave consistent with the provision
of S. 840 (116th Congress) and applicable State law.
(d) Other Uses.--Funds may be used to provide workers in a job
guarantee program with--
(1) supportive services, which can include transportation,
child care, dependent care, housing, and needs-related
payments, that are necessary to enable an individual to
participate in activities authorized under this Act;
(2) access to a workplace learning advisor to support the
education, skill development, job training, career panning, and
credentials required to progress toward career goals of such
employees in order to meet employer requirements related to job
openings and career advancements that support economic self-
sufficiency;
(3) adult education and literacy activities, including
those provided by public libraries;
(4) activities that assist justice involved individuals,
formerly incarcerated individuals, and individuals with
criminal records in reentering the workforce; and
(5) financial literacy activities including those described
in section 129(b)(2)(D) of the Workforce Innovation and
Opportunity Act.
(e) Applications.--An eligible entity seeking a grant under this
section shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary may
require. Such application shall include--
(1) a description of the geographic area and population
that the entity intends to serve under the job guarantee
program established under the grant, including the area
unemployment rate, underemployment rate, unemployment rate for
individuals with disabilities, poverty rate, housing vacancy
rate, crime rate, household income, home-ownership rate, labor
force participation rate, and educational attainment;
(2) to extent practicable, a description of the jobs that
will be offered under the job guarantee program, including--
(A) a description of supports provided to
individuals with disabilities and accommodations
required under the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.); and
(B) a description of supports and procedures to
ensure job access and opportunities for individuals
with criminal records, including information on
physical and programmatic accessibility, in accordance
with section 188 of the Workforce Innovation and
Opportunity Act, if applicable, and the Americans with
Disabilities Act of 1990, for individuals with
disabilities;
(3) the need in the area for jobs to be performed,
including for jobs designated as a high-skill, high-wage or in-
demand industry sector or occupation by the Secretary, State
board, or local board;
(4) a description of State, local, or philanthropic
funding, including through coordination and in-kind or non-
financial support, if any, that will be provided to assist in
carrying out the job guarantee program;
(5) an assurance that the eligible entity will establish--
(A) a public internet website, in conjunction with
the Secretary, to post all available jobs under the job
guarantee program; and
(B) a process for individuals to apply for such
jobs;
(6) a comprehensive plan to describe how the funding under
the program will leverage existing or anticipated local, State,
and Federal funding;
(7) an assurance that necessary administrative data systems
and information technology infrastructure are available, or
will be available, to provide for full participation in the
evaluation under subsection (k);
(8) a description of how the eligible entity will comply
with the requirements described in subsection (c)(6);
(9) an assurance that the entity will enter into an
allocation agreement with the Secretary under subsection
(j)(2)(A); and
(10) an assurance that energy and infrastructure jobs
provided under the program will not exacerbate the impacts of
climate change.
(f) Selection.--The Secretary, after reviewing applications from
eligible entities, shall award grants under this section to not more
than 15 such eligible entities. In awarding such grants, the Secretary
shall consider diversity in geographic location, urban-rural
composition, and political entity, including the representation of
Tribal entities.
(g) Amount of Grant.--
(1) Establishment of fund.--There is established in the
Treasury of the United States a separate account to be known as
the ``Job Guarantee Program Trust Fund'' (referred to in this
section as the ``Fund''), consisting of--
(A) amounts deposited in the Fund under subsection
(l); and
(B) any interest earned on investment of amounts in
the Fund.
(2) Use of amounts.--The Secretary shall use amounts in the
Fund to make payments to grantees under grants under this
section in accordance with paragraph (3).
(3) Payments.--
(A) In general.--The Secretary shall determine the
annual amount of a grant under this section based on a
formula to be developed by the Secretary.
(B) Payments.--The Secretary shall make payments to
grantees under this section in a manner determined
appropriate by the Secretary. The Secretary shall not
make subsequent payments to a grantee after the initial
payment until the grantee certifies to the Secretary
that the grantee has expended, transferred, or
obligated not less than 80 percent of the most recent
payment made under this subsection.
(h) Limitations.--An eligible entity may not use amounts received
under a grant under this section to--
(1) employ individuals who will replace, or lead to the
displacement of, existing employees, positions, or individuals
who would otherwise perform similar employment, or disrupt
existing contracts and collective bargaining agreements, as
defined in section 181(b) of the Workforce Innovation and
Opportunity Act (Public Law 113-128);
(2) perform functions otherwise prohibited by Federal,
State, or local laws; and
(3) carry out other prohibited activities, as determined by
the Secretary.
(i) Federal Provision of Jobs in Pilot Sites.--
(1) Guidance.--Not later than 30 days after the date on
which the Secretary awards the first grant under this section,
the Secretary shall--
(A) provide guidance to the heads of appropriate
Federal agencies to notify such agencies of job
guarantee programs established under such grants; and
(B) request that such agencies notify the
Secretary, within 30 days of the date on which the
guidance is received under paragraph (1), of the number
and types of jobs that such agency would make available
through each of the programs.
(2) Application of provisions.--The requirements of
subsection (c) relating to wages and benefits provided to
participants in jobs provided under job guarantee programs, and
the limitations in subsection (h), shall apply to Federal
agencies and jobs provided under this subsection, except that a
Federal agency shall employ each individual under this
subsection for up to three years.
(3) Listing of jobs on website.--The Secretary shall
establish procedures to ensure that jobs identified under
paragraph (1)(B) are listed on the appropriate public internet
website as provided for under subsection (e)(5)(A).
(4) Reimbursement.--At the end of each fiscal year, the
Secretary shall transfer from the Fund to each Federal agency
that employs individuals under a job guarantee program under
this section, an amount necessary to reimburse such agency for
the full cost of employing each such individual during such
fiscal year.
(j) Training.--
(1) In general.--The Secretary shall develop procedures to
support up to 8 weeks of paid training (through privately or
publicly funded training programs, such as those provided by
the public workforce system) to participants in order to
perform duties required by job guarantee programs under this
section, including a new period of training, not to exceed 8
weeks, prior to commencing any new job under the program.
(2) Specific populations.--With respect to certain
populations with barriers to employment (as defined in section
3(24) of the Workforce Innovation and Opportunity Act (Public
Law 113-128)), the 8-week training period may include specific
job-related training and counseling and other general skills
training to prepare such individuals to reenter the workforce.
(k) Priorities and Audits.--
(1) Priorities.--Prior to awarding the initial grants under
this section, the Secretary shall issue a list of national job
priorities relating to jobs that may be carried out under job
guarantee programs, that shall include child care, care for
seniors and individuals with disabilities, clean energy jobs,
and sustainable infrastructure activities. The Secretary shall
take State board and local board suggestions into consideration
when issuing such list.
(2) Audits.--
(A) In general.--The Secretary, acting through the
Inspector General of the Department of Labor, shall
carry out annual audits of the use of grant funds
provided to eligible entities under this section.
(B) Allocation agreements and misuse of funds.--
(i) Allocation agreements.--An eligible
entity shall enter into an allocation agreement
with the Secretary that shall provide that the
Secretary shall recoup any amounts paid to the
entity under a grant under this section if the
results of an audit under subparagraph (A)
include a finding that there was an intentional
or reckless misuse of such funds by such
entity.
(ii) Loss of eligibility.--An eligible
entity that is determined to have falsified or
otherwise misstated data in any report
submitted to the Secretary with the intent to
deceive or mislead the Secretary shall be
ineligible to receive additional funds under
this section.
(l) Reports.--Not later than 90 days after the end of each calendar
year for which an eligible entity obligates or expends any amounts made
available under a grant under this section, the eligible entity shall
submit to the Secretary a report that--
(1) specifies the amount of grant funds obligated or
expended for the preceding fiscal year;
(2) specifies any purposes for which the funds were
obligated or expended; and
(3) includes any other information that the Secretary may
require to more effectively administer the grant program under
this section, including the indicators of performance under
section 116(b)(2)(A)(i) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3141(b)(2)(A)(i)), with the
performance data disaggregated by race, ethnicity, sex, age,
and membership in a population specified in section 3(24) of
such Act (29 U.S.C. 3102(24)).
(m) Evaluation.--The Chief Evaluation Officer at the Department of
Labor shall provide for the conduct of an evaluation of the pilot
program, using a rigorous design and evaluation methods to assess the
implementation of the programs and their impact on--
(1) overall employment, public-sector employment, and
private-sector employment;
(2) private sector employment, wages, and benefits;
(3) poverty rate;
(4) public assistance spending and other Federal spending
in the area served by the program;
(5) child health and educational outcomes;
(6) health and well-being of those with mental, emotional,
and behavioral health needs;
(7) incarceration rates;
(8) the environment, including air quality and water
quality;
(9) the indicators of performance as described in
subsection (l)(3); and
(10) other economic development and individual outcome
indicators, as determined by the Secretary.
(n) Expansion of Work Opportunity Credit To Include Participants in
Job Guarantee Programs.--
(1) In general.--Subsection (d) of section 51 of the
Internal Revenue Code of 1986 is amended--
(A) in paragraph (1)--
(i) in subparagraph (I), by striking ``or''
at the end;
(ii) in subparagraph (J), by striking the
period at the end and inserting ``, or''; and
(iii) by adding at the end the following
new subparagraph:
``(K) a qualified participant in a job guarantee
program.''; and
(B) by adding at the end the following new
paragraph:
``(16) Qualified participant in a job guarantee program.--
The term `qualified participant in a job guarantee program'
means any individual who is certified by the designated local
agency as having participated in a job guarantee program under
section 2 of the Federal Jobs Guarantee Development Act of 2019
for not less than 3 months during the 6-month period ending on
the hiring date.''.
(2) Effective date.--The amendments made by this subsection
shall apply to individuals who begin work for the employer
after December 31, 2019.
(o) Appropriations.--From funds in the Treasury not otherwise
appropriated, there are appropriated to the Secretary such sums as may
be necessary to carry out this section.
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