WPA Act

I 116TH CONGRESS 2D SESSION H. R. 7477 To require the Secretary of Labor to establish a program to provide grants for job guarantee programs. IN THE HOUSE OF REPRESENTATIVES JULY 1, 2020 Mrs. WATSON COLEMAN (for herself and Ms. OMAR) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Education and Labor, 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 con- cerned A BILL To require the Secretary of Labor to establish a 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 ‘‘Workforce Promotion 4 and Access Act’’ or the ‘‘WPA Act’’. 5 SEC. 2. JOB GUARANTEE GRANT PROGRAM. 6 (a) DEFINITIONS.—In this section: 7 VerDate Sep 11 2014 05:15 Jul 27, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7477.IH H7477 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 7477 IH (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 1 ty’’ means an entity that is a political subdivision of 2 a State, Tribal entity, outlying area, or a combina- 3 tion of contiguous political subdivisions or Tribal en- 4 tities that— 5 (A) has an unemployment rate that is 6 equal to the lower of 10 or 100 percent of the 7 national unemployment rate, as determined by 8 the Bureau of Labor Statistics (except in the 9 case of Tribal entities which may submit their 10 own employment data where no such Federal 11 data is available for such entities) based on the 12 most recent data available at the time the Sec- 13 retary solicits applications for grants under this 14 section; and 15 (B) submits an application in accordance 16 with subsection (e). 17 (2) JOB GUARANTEE PROGRAM.—The term 18 ‘‘job guarantee program’’ means a program that 19 meets the requirements of subsection (c). 20 (3) RURAL AREA.—The term ‘‘rural area’’ 21 means an area that is located outside of an urban 22 area. 23 (4) TRIBAL ENTITY.—The term ‘‘Tribal entity’’ 24 means an Indian tribe or tribal organization as such 25 VerDate Sep 11 2014 05:15 Jul 27, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7477.IH H7477 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 7477 IH terms are defined in section 4 of the Indian Self-De- 1 termination Act (25 U.S.C. 5304). 2 (5) URBAN AREA.—The term ‘‘urban area’’ 3 means an urbanized area (a region of 50,000 or 4 more residents) and an urbanized cluster (and area 5 encompassing between 2,500 and 50,000 residents), 6 according to the Census Bureau’s urban-rural classi- 7 fication in the 2010 census. 8 (6) SECRETARY.—The term ‘‘Secretary’’ means 9 the Secretary of Labor. 10 (7) WIOA DEFINITIONS.—The terms ‘‘adult 11 education and literacy activities’’, ‘‘career planning’’, 12 ‘‘individual with a barrier to employment’’, ‘‘in-de- 13 mand industry sector or occupation’’, ‘‘local board’’, 14 ‘‘outlying area’’, ‘‘recognized postsecondary creden- 15 tial’’, ‘‘State’’, ‘‘State board’’, ‘‘supportive services’’, 16 and ‘‘workplace learning advisor’’ have the meanings 17 given such terms in section 3 of the Workforce Inno- 18 vation and Opportunity Act (29 U.S.C. 3102). 19 (b) ESTABLISHMENT.— 20 (1) IN GENERAL.—The Secretary shall establish 21 a program to provide competitive grants to eligible 22 entities to establish programs to ensure that any in- 23 dividual within the area served by the entity who ap- 24 VerDate Sep 11 2014 05:15 Jul 27, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7477.IH H7477 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 7477 IH plies for a job through the program will be provided 1 with employment as provided for in this section. 2 (2) TERMINATION.—Federal funding for a job 3 guarantee program established under a grant under 4 this section shall terminate on the earlier of— 5 (A) the end of the 3-year period beginning 6 on the date of the grant; or 7 (B) the date of any revocation of the 8 grantee as an eligible entity. 9 (3) GRANT RENEWAL.—An eligible entity that 10 receives a grant under this section may reapply 11 under this section for an additional grant after the 12 first 3-year grant period. 13 (c) JOB GUARANTEE PROGRAMS.—A job guarantee 14 program meets the requirements of this subsection if the 15 jobs provided under such program— 16 (1) are available to any individual who— 17 (A) is 18 years of age or older; and 18 (B) resides in the eligible entity as of the 19 date that the grant is awarded under this sub- 20 section to such eligible entity, 21 except that participants in the program may be dis- 22 ciplined, released, or suspended from further partici- 23 pation in jobs under the program if they are found 24 to be negligent, or generally disruptive to the work- 25 VerDate Sep 11 2014 05:15 Jul 27, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7477.IH H7477 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 7477 IH place involved under procedures established by the 1 Secretary that provide for an opportunity for a re- 2 view of such determinations; 3 (2) are, with respect to individual participants, 4 included as part of an established bargaining unit 5 and covered by any applicable collective bargaining 6 agreement in effect if similarly situated employees 7 are part of such unit and represented by an exclu- 8 sive bargaining representative; 9 (3) are available for the duration of the pro- 10 gram; 11 (4) provide a wage of not less than the greater 12 of— 13 (A) $15 per hour, or the hourly wage oth- 14 erwise required to be paid to employees in area 15 to be served under the program, whichever is 16 greater; 17 (B) the prevailing wage in the area in- 18 volved for a similar job as required by chapter 19 67 of title 41, United States Code, and other 20 related laws; or 21 (C) the applicable wage under an applica- 22 ble collective bargaining agreement as provided 23 for under paragraph (2); 24 VerDate Sep 11 2014 05:15 Jul 27, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7477.IH H7477 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 7477 IH (5) provide for coverage of the worker under a 1 health insurance program that is comparable to that 2 offered to Federal employees under the Federal Em- 3 ployee Health Benefits Program; and 4 (6) provide at a minimum— 5 (A) family and medical leave consistent 6 with the provisions of the Family and Medical 7 Leave Act of 1993 and applicable State law, ex- 8 cept that such leave shall be paid leave; and 9 (B) the Emergency Paid Sick Leave Act 10 under division E of the Families First 11 Coronavirus Response Act (29 U.S.C. 2601 12 note). 13 (d) OTHER USES.—Funds may be used to provide 14 workers in a job guarantee program with— 15 (1) supportive services, which can include trans- 16 portation, child care, dependent care, housing, and 17 needs-related payments, that are necessary to enable 18 an individual to participate in activities authorized 19 under this Act; 20 (2) access to a workplace learning advisor to 21 support the education, skill development, job train- 22 ing, career panning, and credentials required to 23 progress toward career goals of such employees in 24 order to meet employer requirements related to job 25 VerDate Sep 11 2014 05:15 Jul 27, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7477.IH H7477 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 7477 IH openings and career advancements that support eco- 1 nomic self-sufficiency; 2 (3) adult education and literacy activities, in- 3 cluding those provided by public libraries; 4 (4) activities that assist justice involved individ- 5 uals, formerly incarcerated individuals, and individ- 6 uals with criminal records in reentering the work- 7 force; and 8 (5) financial literacy activities including those 9 described in section 129(b)(2)(D) of the Workforce 10 Innovation and Opportunity Act. 11 (e) APPLICATIONS.—An eligible entity seeking a 12 grant under this section shall submit an application to the 13 Secretary at such time, in such manner, and containing 14 such information as the Secretary may require. Such ap- 15 plication shall include— 16 (1) a description of the geographic area and 17 population that the entity intends to serve under the 18 job guarantee program established under the grant, 19 including the area unemployment rate, underemploy- 20 ment rate, unemployment rate for individuals with 21 disabilities, poverty rate, housing vacancy rate, crime 22 rate, household income, home-ownership rate, labor 23 force participation rate, and educational attainment; 24 VerDate Sep 11 2014 05:15 Jul 27, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7477.IH H7477 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 7477 IH (2) to extent practicable, a description of the 1 jobs that will be offered under the job guarantee 2 program, including— 3 (A) a description of supports provided to 4 individuals with disabilities and accommoda- 5 tions required under the Americans with Dis- 6 abilities Act of 1990 (42 U.S.C. 12101 et seq.); 7 and 8 (B) a description of supports and proce- 9 dures to ensure job access and opportunities for 10 individuals with criminal records, including in- 11 formation on physical and programmatic acces- 12 sibility, in accordance with section 188 of the 13 Workforce Innovation and Opportunity Act, if 14 applicable, and the Americans with Disabilities 15 Act of 1990, for individuals with disabilities; 16 (3) the need in the area for jobs to be per- 17 formed, including for jobs designated as a high-skill, 18 high-wage or in-demand industry sector or occupa- 19 tion by the Secretary, State board, or local board; 20 (4) a description of State, local, or philan- 21 thropic funding, including through coordination and 22 in-kind or non-financial support, if any, that will be 23 provided to assist in carrying out the job guarantee 24 program; 25 VerDate Sep 11 2014 05:15 Jul 27, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7477.IH H7477 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 7477 IH (5) an assurance that the eligible entity will es- 1 tablish— 2 (A) a public internet website, in conjunc- 3 tion with the Secretary, to post all available 4 jobs under the job guarantee program; and 5 (B) a process for individuals to apply for 6 such jobs; 7 (6) a comprehensive plan to describe how the 8 funding under the program will leverage existing or 9 anticipated local, State, and Federal funding; 10 (7) an assurance that necessary administrative 11 data systems and information technology infrastruc- 12 ture are available, or will be available, to provide for 13 full participation in the evaluation under subsection 14 (k); 15 (8) a description of how the eligible entity will 16 comply with the requirements described in sub- 17 section (c)(6); 18 (9) an assurance that the entity will enter into 19 an allocation agreement with the Secretary under 20 subsection (j)(2)(A); and 21 (10) an assurance that energy and infrastruc- 22 ture jobs provided under the program will not exac- 23 erbate the impacts of climate change. 24 VerDate Sep 11 2014 05:15 Jul 27, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7477.IH H7477 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 7477 IH (f) SELECTION.—In awarding such grant under this 1 section, the Secretary shall consider diversity in geo- 2 graphic location, urban-rural composition, and political en- 3 tity, including the representation of Tribal entities. 4 (g) AMOUNT OF GRANT.— 5 (1) ESTABLISHMENT OF FUND.—There is es- 6 tablished in the Treasury of the United States a sep- 7 arate account to be known as the ‘‘Job Guarantee 8 Program Trust Fund’’ (referred to in this section as 9 the ‘‘Fund’’). 10 (2) TRANSFERS TO FUND.—There is hereby ap- 11 propriated to the Fund amounts equivalent to— 12 (A) taxes received in the Treasury under 13 subchapter C of chapter 36 of the Internal Rev- 14 enue Code of 1986; and 15 (B) interest earned on investment of 16 amounts in the Fund under rules similar to the 17 rules of section 9602(b) of such Code. 18 (3) USE OF AMOUNTS.—The Secretary shall use 19 amounts in the Fund to make payments to grantees 20 under grants under this section in accordance with 21 paragraph (4). 22 (4) PAYMENTS.— 23 (A) IN GENERAL.—The Secretary shall de- 24 termine the annual amount of a grant under 25 VerDate Sep 11 2014 05:15 Jul 27, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7477.IH H7477 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 7477 IH this section based on a formula to be developed 1 by the Secretary. 2 (B) PAYMENTS.—The Secretary shall 3 make payments to grantees under this section 4 in a manner determined appropriate by the Sec- 5 retary. The Secretary shall not make subse- 6 quent payments to a grantee after the initial 7 payment until the grantee certifies to the Sec- 8 retary that the grantee has expended, trans- 9 ferred, or obligated not less than 80 percent of 10 the most recent payment made under this sub- 11 section. 12 (h) LIMITATIONS.—An eligible entity may not use 13 amounts received under a grant under this section to— 14 (1) employ individuals who will replace, or lead 15 to the displacement of, existing employees, positions, 16 or individuals who would otherwise perform similar 17 employment, or disrupt existing contracts and collec- 18 tive bargaining agreements, as defined in section 19 181(b) of the Workforce Innovation and Opportunity 20 Act (Public Law 113–128); 21 (2) perform functions otherwise prohibited by 22 Federal, State, or local laws; and 23 (3) carry out other prohibited activities, as de- 24 termined by the Secretary. 25 VerDate Sep 11 2014 05:15 Jul 27, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H7477.IH H7477 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 7477 IH (i) FEDERAL PROVISION OF JOBS IN PROGRAM 1 SITES.— 2 (1) GUIDANCE.—Not later than 30 days after 3 the date on which the Secretary awards the first 4 grant under this section, the Secretary shall— 5 (A) provide guidance to the heads of ap- 6 propriate Federal agencies to notify such agen- 7 cies of job guarantee programs established 8 under the grants awarded under this section; 9 (B) request that such agencies notify the 10 Secretary, within 30 days of the date on which 11 the guidance is received under paragraph (1), 12 of the number and types of jobs that each such 13 agency would make available through each of 14 the programs; and 15 (C) ensure that each such agency makes 16 best efforts to provide jobs through the pro- 17 grams established under such grants [Text truncated for display. 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