Federal Jobs Guarantee Development Act of 2019

II 116TH CONGRESS 1ST SESSION S. 2457 To require the Secretary of Labor to establish a pilot program to provide grants for job guarantee programs. IN THE SENATE OF THE UNITED STATES SEPTEMBER 10, 2019 Mr. BOOKER (for himself, Ms. HARRIS, and Mr. MERKLEY) introduced the following bill; which was read twice and referred to the Committee on Finance 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Federal Jobs Guar- 4 antee Development Act of 2019’’. 5 SEC. 2. JOB GUARANTEE PILOT PROGRAM. 6 (a) DEFINITIONS.—In this section: 7 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 8 ty’’ means an entity that— 9 VerDate Sep 11 2014 22:23 Sep 11, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2457.IS S2457 khammond on DSKBBV9HB2PROD with BILLS 2 •S 2457 IS (A) is a political subdivision of a State, 1 Tribal entity, or a combination of contiguous 2 political subdivisions or Tribal entities; 3 (B) has an unemployment rate that is not 4 less than 150 percent of the national unemploy- 5 ment rate, as determined by the Bureau of 6 Labor Statistics (except in the case of Tribal 7 entities which may submit their own employ- 8 ment data where no such Federal data is avail- 9 able for such entities) based on the most recent 10 data available at the time the Secretary solicits 11 applications for grants under this section; and 12 (C) submits an application in accordance 13 with subsection (d). 14 (2) JOB GUARANTEE PROGRAM.—The term 15 ‘‘job guarantee program’’ means a program that 16 meets the requirements of subsection (c). 17 (3) RURAL AREA.—The term ‘‘rural area’’ 18 means an area that is located outside of an urban 19 area. 20 (4) TRIBAL ENTITY.—The term ‘‘Tribal entity’’ 21 means an Indian tribe or tribal organization as such 22 terms are defined in section 4 of the Indian Self-De- 23 termination Act (25 U.S.C. 5304). 24 VerDate Sep 11 2014 22:23 Sep 11, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2457.IS S2457 khammond on DSKBBV9HB2PROD with BILLS 3 •S 2457 IS (5) URBAN AREA.—The term ‘‘urban area’’ 1 means an urbanized area (a region of 50,000 or 2 more residents) and an urbanized cluster (and area 3 encompassing between 2,500 and 50,000 residents), 4 according to the Census Bureau’s urban-rural classi- 5 fication in the 2010 census. 6 (6) SECRETARY.—The term ‘‘Secretary’’ means 7 the Secretary of Labor. 8 (7) WIOA DEFINITIONS.—The terms ‘‘adult 9 education and literacy activities’’, ‘‘career planning’’, 10 ‘‘individual with a barrier to employment’’, ‘‘in-de- 11 mand industry sector or occupation’’, ‘‘local board’’, 12 ‘‘recognized postsecondary credential’’, ‘‘State 13 board’’, ‘‘supportive services’’, and ‘‘workplace learn- 14 ing advisor’’ have the meanings given such terms in 15 section 3 of the Workforce Innovation and Oppor- 16 tunity Act (29 U.S.C. 3102). 17 (b) ESTABLISHMENT.— 18 (1) IN GENERAL.—The Secretary shall establish 19 a pilot program to provide competitive grants to eli- 20 gible entities to establish programs to ensure that 21 any individual within the area served by the entity 22 who applies for a job through the program will be 23 provided with employment as provided for in this 24 section. 25 VerDate Sep 11 2014 22:23 Sep 11, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2457.IS S2457 khammond on DSKBBV9HB2PROD with BILLS 4 •S 2457 IS (2) TERMINATION.—Federal funding for a job 1 guarantee program established under a grant under 2 this section shall terminate on the earlier of— 3 (A) the end of the 3-year period beginning 4 on the date of the grant; or 5 (B) the date of any revocation of the 6 grantee as an eligible entity. 7 (c) JOB GUARANTEE PROGRAMS.—A job guarantee 8 program meets the requirements of this subsection if the 9 jobs provided under such program— 10 (1) are available to all individuals who— 11 (A) are 18 years of age or older; and 12 (B) reside in the area served under the 13 program at the time the area became an eligible 14 entity; 15 except that participants in the program may be dis- 16 ciplined, released, or suspended from further partici- 17 pation in jobs under this program if they are found 18 to be negligent, or generally disruptive to the work- 19 place involved under procedures established by the 20 Secretary that provide for an opportunity for a re- 21 view of such determinations; 22 (2) are, with respect to individual participants, 23 included as part of an established bargaining unit 24 and covered by any applicable collective bargaining 25 VerDate Sep 11 2014 22:23 Sep 11, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2457.IS S2457 khammond on DSKBBV9HB2PROD with BILLS 5 •S 2457 IS agreement in effect if similarly situated employees 1 are part of such unit and represented by an exclu- 2 sive bargaining representative; 3 (3) are available for the duration of the pilot 4 program; 5 (4) provide a wage of not less than the greater 6 of— 7 (A) the hourly wage provided for under the 8 provisions of S. 150 (116th Congress), if en- 9 acted, or the hourly wage otherwise required to 10 be paid to employees in area to be served under 11 the pilot program, whichever is greater; 12 (B) the prevailing wage in the area in- 13 volved for a similar job as required by chapter 14 67 of title 41, United States Code, and other 15 related laws; or 16 (C) the applicable wage under an applica- 17 ble collective bargaining agreement as provided 18 for under paragraph (2); 19 (5) provide for coverage of the worker under a 20 health insurance program that is comparable to that 21 offered to Federal employees under the Federal Em- 22 ployee Health Benefits Program; and 23 (6) provide at a minimum— 24 VerDate Sep 11 2014 22:23 Sep 11, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2457.IS S2457 khammond on DSKBBV9HB2PROD with BILLS 6 •S 2457 IS (A) paid family leave consistent with the 1 provisions of S. 463 (116th Congress) and ap- 2 plicable State law; and 3 (B) paid sick leave consistent with the pro- 4 vision of S. 840 (116th Congress) and applica- 5 ble State law. 6 (d) OTHER USES.—Funds may be used to provide 7 workers in a job guarantee program with— 8 (1) supportive services, which can include trans- 9 portation, child care, dependent care, housing, and 10 needs-related payments, that are necessary to enable 11 an individual to participate in activities authorized 12 under this Act; 13 (2) access to a workplace learning advisor to 14 support the education, skill development, job train- 15 ing, career panning, and credentials required to 16 progress toward career goals of such employees in 17 order to meet employer requirements related to job 18 openings and career advancements that support eco- 19 nomic self-sufficiency; 20 (3) adult education and literacy activities, in- 21 cluding those provided by public libraries; 22 (4) activities that assist justice involved individ- 23 uals, formerly incarcerated individuals, and individ- 24 VerDate Sep 11 2014 22:23 Sep 11, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2457.IS S2457 khammond on DSKBBV9HB2PROD with BILLS 7 •S 2457 IS uals with criminal records in reentering the work- 1 force; and 2 (5) financial literacy activities including those 3 described in section 129(b)(2)(D) of the Workforce 4 Innovation and Opportunity Act. 5 (e) APPLICATIONS.—An eligible entity seeking a 6 grant under this section shall submit an application to the 7 Secretary at such time, in such manner, and containing 8 such information as the Secretary may require. Such ap- 9 plication shall include— 10 (1) a description of the geographic area and 11 population that the entity intends to serve under the 12 job guarantee program established under the grant, 13 including the area unemployment rate, underemploy- 14 ment rate, unemployment rate for individuals with 15 disabilities, poverty rate, housing vacancy rate, crime 16 rate, household income, home-ownership rate, labor 17 force participation rate, and educational attainment; 18 (2) to extent practicable, a description of the 19 jobs that will be offered under the job guarantee 20 program, including— 21 (A) a description of supports provided to 22 individuals with disabilities and accommoda- 23 tions required under the Americans with Dis- 24 VerDate Sep 11 2014 22:23 Sep 11, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2457.IS S2457 khammond on DSKBBV9HB2PROD with BILLS 8 •S 2457 IS abilities Act of 1990 (42 U.S.C. 12101 et seq.); 1 and 2 (B) a description of supports and proce- 3 dures to ensure job access and opportunities for 4 individuals with criminal records, including in- 5 formation on physical and programmatic acces- 6 sibility, in accordance with section 188 of the 7 Workforce Innovation and Opportunity Act, if 8 applicable, and the Americans with Disabilities 9 Act of 1990, for individuals with disabilities; 10 (3) the need in the area for jobs to be per- 11 formed, including for jobs designated as a high-skill, 12 high-wage or in-demand industry sector or occupa- 13 tion by the Secretary, State board, or local board; 14 (4) a description of State, local, or philan- 15 thropic funding, including through coordination and 16 in-kind or non-financial support, if any, that will be 17 provided to assist in carrying out the job guarantee 18 program; 19 (5) an assurance that the eligible entity will es- 20 tablish— 21 (A) a public internet website, in conjunc- 22 tion with the Secretary, to post all available 23 jobs under the job guarantee program; and 24 VerDate Sep 11 2014 22:23 Sep 11, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2457.IS S2457 khammond on DSKBBV9HB2PROD with BILLS 9 •S 2457 IS (B) a process for individuals to apply for 1 such jobs; 2 (6) a comprehensive plan to describe how the 3 funding under the program will leverage existing or 4 anticipated local, State, and Federal funding; 5 (7) an assurance that necessary administrative 6 data systems and information technology infrastruc- 7 ture are available, or will be available, to provide for 8 full participation in the evaluation under subsection 9 (k); 10 (8) a description of how the eligible entity will 11 comply with the requirements described in sub- 12 section (c)(6); 13 (9) an assurance that the entity will enter into 14 an allocation agreement with the Secretary under 15 subsection (j)(2)(A); and 16 (10) an assurance that energy and infrastruc- 17 ture jobs provided under the program will not exac- 18 erbate the impacts of climate change. 19 (f) SELECTION.—The Secretary, after reviewing ap- 20 plications from eligible entities, shall award grants under 21 this section to not more than 15 such eligible entities. In 22 awarding such grants, the Secretary shall consider diver- 23 sity in geographic location, urban-rural composition, and 24 VerDate Sep 11 2014 22:23 Sep 11, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2457.IS S2457 khammond on DSKBBV9HB2PROD with BILLS 10 •S 2457 IS political entity, including the representation of Tribal enti- 1 ties. 2 (g) AMOUNT OF GRANT.— 3 (1) ESTABLISHMENT OF FUND.—There is es- 4 tablished in the Treasury of the United States a sep- 5 arate account to be known as the ‘‘Job Guarantee 6 Program Trust Fund’’ (referred to in this section as 7 the ‘‘Fund’’), consisting of— 8 (A) amounts deposited in the Fund under 9 subsection (l); and 10 (B) any interest earned on investment of 11 amounts in the Fund. 12 (2) USE OF AMOUNTS.—The Secretary shall use 13 amounts in the Fund to make payments to grantees 14 under grants under this section in accordance with 15 paragraph (3). 16 (3) PAYMENTS.— 17 (A) IN GENERAL.—The Secretary shall de- 18 termine the annual amount of a grant under 19 this section based on a formula to be developed 20 by the Secretary. 21 (B) PAYMENTS.—The Secretary shall 22 make payments to grantees under this section 23 in a manner determined appropriate by the Sec- 24 retary. The Secretary shall not make subse- 25 VerDate Sep 11 2014 22:23 Sep 11, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2457.IS S2457 khammond on DSKBBV9HB2PROD with BILLS 11 •S 2457 IS quent payments to a grantee after the initial 1 payment until the grantee certifies to the Sec- 2 retary that the grantee has expended, trans- 3 ferred, or obligated not less than 80 percent of 4 the most recent payment made under this sub- 5 section. 6 (h) LIMITATIONS.—An eligible entity may not use 7 amounts received under a grant under this section to— 8 (1) employ individuals who will replace, or lead 9 to the displacement of, existing employees, positions, 10 or individuals who would otherwise perform similar 11 employment, or disrupt existing contracts and collec- 12 tive bargaining agreements, as defined in section 13 181(b) of the Workforce Innovation and Opportunity 14 Act (Public Law 113–128); 15 (2) perform functions otherwise prohibited by 16 Federal, State, or local laws; and 17 (3) carry out other prohibited activities, as de- 18 termined by the Secretary. 19 (i) FEDERAL PROVISION OF JOBS IN PILOT SITES.— 20 (1) GUIDANCE.—Not later than 30 days after 21 the date on which the Secretary awards the first 22 grant under this section, the Secretary shall— 23 (A) provide guidance to the heads of ap- 24 propriate Federal agencies to notify such agen- 25 VerDate Sep 11 2014 22:23 Sep 11, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2457.IS S2457 khammond on DSKBBV9HB2PROD with BILLS 12 •S 2457 IS cies of job guarantee programs established 1 under such grants; and 2 (B) request that such agencies notify the 3 Secretary, within 30 days of the date on which 4 the guidance is received under paragraph (1), 5 of the number and types of jobs that such agen- 6 cy would make available through each of the 7 programs. 8 (2) APPLICATION OF PROVISIONS.—The re- 9 quirements of subsection (c) relating to wages and 10 benefits provided to participants in jobs provided 11 under job guarantee programs, and the limitations 12 in subsection (h), shall apply to Federal agencies 13 and jobs provided under this subsection, except that 14 a Federal agency shall employ each individual under 15 this subsection for up to three years. 16 (3) LISTING OF JOBS ON WEBSITE.—The Sec- 17 retary shall establish procedures to ensure that jobs 18 identified under paragraph (1)(B) are listed on the 19 appropriate public internet website as provided for 20 under subsection (e)(5)(A). 21 (4) REIMBURSEMENT [Text truncated for display. Full text available on Congress.gov.]