I 

116TH CONGRESS 

1ST SESSION H. R. 1000 

To establish a National Full Employment Trust Fund to create employment 

opportunities for the unemployed, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 6, 2019 

Ms. WILSON of Florida 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 establish a National Full Employment Trust Fund to 

create employment opportunities for the unemployed, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Humphrey-Hawkins 21st Century Full Employment and 

6 Training Act of 2019’’ or the ‘‘Jobs for All Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Findings and purposes. 

Sec. 3. Definitions. 

TITLE I—ESTABLISHMENT OF NATIONAL FULL EMPLOYMENT 

TRUST FUND 

Sec. 101. National Full Employment Trust Fund. 

Sec. 102. Source of funds. 

Sec. 103. Loans from the Federal Reserve System. 

Sec. 104. Trust Fund corpus reserved. 

TITLE II—PROGRAM ADMINISTRATION 

Sec. 201. In general. 

Sec. 202. Grant management. 

Sec. 203. Office of Technical Assistance. 

Sec. 204. Office of Educational Support. 

Sec. 205. Office of Assisted Placement. 

Sec. 206. Office of Dispute Resolution. 

Sec. 207. Office of Statistics and Research. 

Sec. 208. National Employment Conference. 

Sec. 209. Program website. 

Sec. 210. Staffing administrative functions. 

Sec. 211. Workforce Innovation and Opportunity Act. 

TITLE III—EMPLOYMENT OPPORTUNITY GRANTS 

Sec. 301. Grants. 

Sec. 302. Eligible entities. 

Sec. 303. Use of funds. 

Sec. 304. Grant conditions. 

Sec. 305. Program employment described. 

Sec. 306. Eligibility for program employment. 

Sec. 307. Compensation. 

Sec. 308. Assisted placement. 

Sec. 309. Priority given to certain projects. 

Sec. 310. Startup period. 

Sec. 311. Secretary’s authority to administer projects directly. 

Sec. 312. Reports. 

Sec. 313. Dispute resolution. 

Sec. 314. Tax on securities transactions. 

1 SEC. 2. FINDINGS AND PURPOSES. 

2 (a) FINDINGS.—Congress finds the following: 

3 (1) The Federal Government has established 

4 the achievement of full employment as a national 

5 goal in the Employment Act of 1946 and the Full 

6 Employment and Balanced Growth Act of 1978. 


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1 (2) Consistent with this goal and pursuant to 

2 these Acts, the Congress has declared it to be the 

3 continuing policy and responsibility of the Federal 

4 Government to use all practicable means to create 

5 and maintain conditions which promote useful em6 ployment opportunities for all who seek them, in7 cluding the self-employed. 

8 (3) Consistent with this goal and pursuant to 

9 these Acts, the Congress has also declared and es10 tablished as a national goal the fulfillment of the 

11 right to full opportunities for useful paid employ12 ment at fair rates of compensation of all individuals 

13 able, willing, and seeking to work. 

14 (4) The United States also has a duty under 

15 Articles 55 and 56 of the United Nations Charter to 

16 promote ‘‘full employment’’ and the ‘‘universal re17 spect for, and observance of, human rights and fun18 damental freedoms for all without distinction as to 

19 race, sex, language, or religion’’. 

20 (5) The human rights the United States has a 

21 duty to promote pursuant to this obligation are set 

22 forth in the Universal Declaration of Human Rights. 

23 (6) Article 23 of the Universal Declaration of 

24 Human Rights states that ‘‘Everyone has the right 

25 to work’’ and to ‘‘just and favorable remuneration’’ 


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1 that insures for his or her family ‘‘an existence wor2 thy of human dignity, and supplemented, if nec3 essary, by other means of social protection’’. 

4 (7) Consistent with the purpose and intent of 

5 the Employment Act of 1946, the Full Employment 

6 and Balanced Growth Act of 1978, Articles 55 and 

7 56 of the United Nations Charter, and Article 23 of 

8 the Universal Declaration of Human Rights, the 

9 Congress recognizes and declares that the meaning 

10 of full employment under both United States and 

11 international law is synonymous with the realization 

12 of the right to work. 

13 (8) Consistent with this understanding of the 

14 meaning of full employment, the stated policy of the 

15 United States with respect to the achievement of full 

16 employment and the realization of the right to work, 

17 and the obligations of the United States under inter18 national law, the Full Employment and Balanced 

19 Growth Act of 1978 established an interim 5-year 

20 target of 3 percent unemployment for individuals 20 

21 years of age and older, and 4 percent for individuals 

22 age 16 and over within 5 years, with full employ23 ment to be achieved ‘‘as soon as practicable’’ there24 after. 


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1 (9) Notwithstanding the targets set forth in the 

2 Full Employment and Balanced Growth Act of 

3 1978, the United States continues to suffer substan4 tial unemployment and underemployment across all 

5 phases of the business cycle, including periods when 

6 the Board of Governors of the Federal Reserve Sys7 tem is pursuing policies that may be useful in con8 trolling inflation but whose necessary consequence is 

9 the continuation of a level of unemployment and 

10 underemployment that is inconsistent with the 

11 achievement of full employment and the realization 

12 of the right to work. 

13 (10) The Federal Government’s failure to de14 velop and implement policies capable of reconciling 

15 the need to control inflation with its obligation to 

16 achieve full employment and secure the right to 

17 work imposes numerous economic and social costs on 

18 the Nation, the following among them: 

19 (A) The Nation is deprived of the full sup20 ply of goods and services and related increases 

21 in economic well-being that would occur under 

22 conditions of genuine full employment. 

23 (B) The Nation’s depressed output of 

24 goods and services, especially in the public sec25 tor, is insufficient to meet pressing national 


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1 needs for infrastructure investment and mainte2 nance, public transportation, clean energy pro3 duction, low and moderate income housing, edu4 cation, health care, child and elder care, and 

5 many other public goods and human services. 

6 (C) Unemployment and underemployment 

7 expose many workers and families to signifi8 cant, social, psychological, and physiological 

9 costs, including disruption of family life, the 

10 loss of individual dignity and self-respect, and 

11 the aggravation of physical and mental ill12 nesses. 

13 (D) Persisting unemployment and under14 employment have devastating financial con15 sequences for its victims, resulting in the loss of 

16 income and spending power for families, and 

17 interfering with their ability to save and accu18 mulate assets for a secure family life and retire19 ment. 

20 (E) Because disadvantaged population 

21 groups suffer the burdens and harmful con22 sequences of unemployment with greater fre23 quency and at higher levels than nondisadvan24 taged population groups, unemployment pre25 sents a virtually insurmountable barrier to the 


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1 achievement of equal opportunity for all Ameri2 cans. 

3 (F) Exceptionally high levels of unemploy4 ment among the Nation’s youth are particularly 

5 harmful because of their long-term negative ef6 fects. 

7 (G) High levels of unemployment and inad8 equate consumer demand also contribute to 

9 poor conditions for retail businesses, manufac10 turers, and many other firms to grow and pros11 per. 

12 (H) In the real estate sector, the Congress 

13 finds that high levels of unemployment con14 tribute to foreclosures, evictions, and commer15 cial vacancies, thereby undermining the quality 

16 of neighborhood and community life, and ham17 pering prospects for the economic development 

18 of all the Nation’s neighborhoods and commu19 nities. 

20 (11) Since the historic promise of the Employ21 ment Act of 1946 and the Full Employment and 

22 Balanced Growth Act of 1978 has not been realized, 

23 the Congress declares and reaffirms the Federal 

24 Government’s obligation to insure the availability of 

25 decent jobs for all at living wages. 


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1 (12) The Congress further declares and reaf2 firms that the elimination of job disparities among 

3 groups of workers who experience chronically higher 

4 rates of unemployment and underemployment is an 

5 essential component of the Federal Government’s 

6 commitment to the achievement of full employment 

7 and the realization of the right to work. 

8 (13) The Congress also finds that both job va9 cancy surveys and historic experience shows that 

10 even at the top of the business cycle, when the na11 tional unemployment rate drops to the 4 percent or 

12 below, the economy fails to provide enough jobs to 

13 employ everyone who wants to work. Consequently, 

14 the need for direct job creation by the Federal Gov15 ernment is especially important at such times to 

16 close the economy’s job gap without adding signifi17 cantly to inflationary pressures, a goal it is virtually 

18 impossible to achieve with economic policies directed 

19 at boosting production in the private sector of the 

20 economy. 

21 (14) The Congress further finds that in addi22 tion to providing a non-inflationary pathway for the 

23 achievement of full employment and the realization 

24 of the right to work, the direct job-creation strategy, 

25 conceived and tested by the Federal Government 


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1 during the New Deal era, would also reduce the se2 verity of recessions while enriching the Nation with 

3 a substantial increase in the production of badly 

4 needed public goods and services. 

5 (15) The Congress further finds that because of 

6 the broad range of social costs the problem of unem7 ployment imposes on society, including in particular 

8 reduced tax collections and increased social welfare 

9 expenditures by all levels of government, the achieve10 ment of full employment and the realization of the 

11 right to work by means of the New Deal’s direct job 

12 creation strategy would cost far less than other 

13 major social welfare benefits provided by government 

14 and might even end up saving the public money. 

15 (16) Therefore, while the Congress fully sup16 ports efforts to maximize the creation of private, 

17 public, and nonprofit sector jobs through improved 

18 use of general economic and structural policies, it 

19 recognizes and affirms the need to supplement those 

20 policies with a well-designed direct job creation pro21 gram committed to and capable of closing the econo22 my’s job gap across all phases of the business cycle. 

23 (b) PURPOSE.—It is the purpose of the Jobs for All 

24 Act to achieve genuine full employment and fulfill the 

25 right to useful work at living wages for all persons able, 


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1 willing and seeking employment by establishing a National 

2 Full Employment Trust Fund to pay for a national pro3 gram of public service employment capable of achieving 

4 these goals by supplementing the employment opportuni5 ties furnished by the existing private, public, and nonprofit 

6 sectors of the economy under existing law. 

7 SEC. 3. DEFINITIONS. 

8 In this Act, the following definitions apply: 

9 (1) ACA.—The term ‘‘ACA’’ means the Patient 

10 Protection and Affordable Care Act as amended. 

11 (2) DISADVANTAGED INDIVIDUAL OR POPU12 LATION GROUP.—The term ‘‘disadvantaged indi13 vidual’’ or ‘‘disadvantaged population group’’ means 

14 an individual or population group that the Secretary 

15 has identified as suffering from disabilities or socio16 economic disadvantages that significantly interfere 

17 with the individual’s or group’s access to equal em18 ployment opportunity. 

19 (3) COMPARABLE WORTH.—The term ‘‘com20 parable worth’’, used with respect to work, means 

21 work that includes the composite of the skill, effort, 

22 responsibility, and working conditions normally re23 quired in the performance of a particular job as de24 termined pursuant to standards established by the 


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1 Secretary following consultations with experts in the 

2 field of comparable worth wage assessments. 

3 (4) EQUAL OPPORTUNITY GRANT.—The terms 

4 ‘‘Equal Opportunity Grant’’ and ‘‘grant’’ mean an 

5 Employment Opportunity Grant authorized in title 

6 III of this Act. 

7 (5) GRANT RECIPIENT.—The term ‘‘grant re8 cipient’’ means an entity awarded an Employment 

9 Opportunity Grant under section 6 of this Act. 

10 (6) HEALTH EXCHANGE.—the term ‘‘Health 

11 Exchange’’ or ‘‘State Health Exchange’’ means an 

12 American Health Benefit Exchange established 

13 under section 1311(b) or 1321(c) of the ACA. 

14 (7) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

15 has the meaning given such term in section 102(17) 

16 of the Housing and Community Development Act 

17 (42 U.S.C. 5302(17)). 

18 (8) ONE-STOP CENTER.—The term ‘‘one-stop 

19 center’’ means a site described in section 121(e)(2) 

20 of the Workforce Innovation and Opportunity Act 

21 (29 U.S.C. 3151(e)(2)). 

22 (9) PROGRAM.—The term ‘‘Program’’ whether 

23 used as a noun or an adjective, shall refer to the 

24 program established under this Act. 


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1 (10) PROGRAM EMPLOYEE.—The term ‘‘Pro2 gram employee’’ means a person certified as eligible 

3 for Program Employment under section 306 of this 

4 Act and who is employed in a job funded by the 

5 Trust Fund. 

6 (11) PROGRAM EMPLOYMENT.—The term ‘‘Pro7 gram employment’’ means employment of a Program 

8 Employee in a job funded by the Trust Fund. 

9 (12) PROGRAM TRAINEE.—The term ‘‘Program 

10 trainee’’ means a person enrolled in a training pro11 gram funded under this Act. 

12 (13) PROGRAM TRAINING.—The term ‘‘Pro13 gram training’’ means training provide by a grant 

14 recipient in a training program authorized under 

15 title III of this Act. 

16 (14) REASONABLE NEEDS.—The term ‘‘reason17 able needs’’ shall mean those needs reasonably re18 quired for a household to enjoy a modest but ade19 quate standard of living, taking into consideration 

20 the size and composition of the household, the local 

21 cost of living, and any cash or in-kind transfer bene22 fits available to the household. 

23 (15) SECRETARY.—The term ‘‘Secretary’’ 

24 means the Secretary of Labor. 


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1 (16) SMALL BUSINESS.—The term ‘‘small busi2 ness’’ has the meaning given the term ‘‘small busi3 ness concern’’ under section 3 of the Small Business 

4 Act (15 U.S.C. 632). 

5 (17) STATE.—The term ‘‘State’’ has the mean6 ing given such term in section 102(2) of the Hous7 ing and Community Development Act (42 U.S.C. 

8 5302(2)). 

9 (18) STATE HEALTH SUBSIDY PROGRAM.—The 

10 term ‘‘State health subsidy program’’ means a pro11 gram qualifying as an applicable State health sub12 sidy program under section 1413(e) of the ACA. 

13 (19) TRUST FUND.—The term ‘‘Trust Fund’’ 

14 refers to the National Full Employment Trust Fund 

15 established under section 101. 

16 (20) UNIT OF GENERAL LOCAL GOVERN17 MENT.—The term ‘‘unit of general local govern18 ment’’ has the meaning given such term in section 

19 102(1) of the Housing and Community Development 

20 Act (42 U.S.C. 5302(1)). 

21 (21) URBAN COUNTY.—The term ‘‘urban coun22 ty’’ has the meaning given such term in section 

23 102(6) of the Housing and Community Development 

24 Act (42 U.S.C. 5302(6)). 


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1 (22) WIOA.—The term ‘‘WIOA’’ means the 

2 ‘‘Workforce Innovation and Opportunity Act of 2014 

3 as amended’’ (29 U.S.C. 3101 et seq.). 

4 TITLE I—ESTABLISHMENT OF 

5 NATIONAL FULL EMPLOY6 MENT TRUST FUND 

7 SEC. 101. NATIONAL FULL EMPLOYMENT TRUST FUND. 

8 There is hereby created an account in the Treasury 

9 of the United States to be known as the ‘‘National Full 

10 Employment Trust Fund’’. 

11 SEC. 102. SOURCE OF FUNDS. 

12 There is hereby appropriated to the Trust Fund for 

13 the fiscal year in which the effective date set forth in sec14 tion 314(d) occurs, and for each fiscal year thereafter, 

15 amounts equivalent to 100 percent of— 

16 (1) the taxes (including interest, penalties, and 

17 additions to the taxes) received under section 4475 

18 of the Internal Revenue Code of 1986 as added by 

19 section 314 of this Act; 

20 (2) the amount on deposit in the Federal Un21 employment Trust Fund that otherwise would have 

22 been requisitionable by a State Agency under section 

23 904(f) of the Social Security Act as amended (42 

24 U.S.C. 1104(f)) for the payment of Unemployment 

25 Insurance benefits that a Program employee would 


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1 have been entitled to receive but for that individual’s 

2 Program employment, with the amount debited from 

3 the book account or accounts in the Federal Unem4 ployment Trust Fund maintained for the payment of 

5 the Unemployment Insurance benefits in question; 

6 and 

7 (3) an amount equal to the FICA, Medicare, 

8 and personal income taxes paid by Program employ9 ees on their Program earnings, as estimated by the 

10 Secretary of the Treasury. 

11 SEC. 103. LOANS FROM THE FEDERAL RESERVE SYSTEM. 

12 (a) IN GENERAL.—If the amount available in the 

13 Trust Fund for allocation under title III of this Act is 

14 insufficient to prevent the national unemployment rate 

15 from rising more than one full percentage point above its 

16 previously attained level, the Board of Governors of the 

17 Federal Reserve System shall lend such additional 

18 amounts to the Trust Fund as are necessary to allow the 

19 Secretary of Labor to make such additional allocations 

20 under title III of this Act as are necessary to restore the 

21 national unemployment rate to its allowable 1 percent 

22 range of upward variation. 

23 (b) REPAYMENT.—Amounts lent to the Trust Fund 

24 by the Board of Governors of the Federal Reserve System 

25 under subsection (a) shall be repaid by the Trust Fund 


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1 over 10 years, with interest payable at the same average 

2 rate the Federal Government contracts to pay on 10-year 

3 bonds sold during the period beginning 45 days prior to 

4 the date the loans were made to the Trust Fund and end5 ing 45 days following such date. 

6 (c) CANCELLATION OF DEBT.—The Board of Gov7 ernors of the Federal Reserve System, in consultation with 

8 the Federal Open Market Committee, shall have a con9 tinuing obligation to review any debt owed by the Trust 

10 Fund to the Federal Reserve System, and if it determines 

11 that the debt or any portion thereof can be cancelled with12 out significant adverse effect on the economy, it shall do 

13 so. 

14 SEC. 104. TRUST FUND CORPUS RESERVED. 

15 The corpus of the Trust Fund may be used for no 

16 other purpose than to fund— 

17 (1) Employment Opportunity Grants issued 

18 under title III of this Act, including for job creation 

19 and training projects directly administered by the 

20 Secretary pursuant to section 311; 

21 (2) administrative activities and programs 

22 under the WIOA that the Secretary determines are 

23 necessary or useful to achieve the purposes of this 

24 Act; and 


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1 (3) administrative expenses reasonably incurred 

2 by the Secretary to implement and administer pro3 grams and activities authorized under this Act. 

4 TITLE II—PROGRAM 

5 ADMINISTRATION 

6 SEC. 201. IN GENERAL. 

7 The Secretary shall establish an appropriate adminis8 trative structure within the Department of Labor to ad9 minister the Program. 

10 SEC. 202. GRANT MANAGEMENT. 

11 (a) IN GENERAL.—The Secretary shall establish and 

12 administer an evaluation, approval, and monitoring proc13 ess for Employment Opportunity Grants that is trans14 parent, apolitical, and free of outside influence. 

15 (b) PROJECT TIMING.—The evaluation and approval 

16 process shall invite proposals not only for projects that 

17 are suitable for immediate implementation, but also for 

18 projects that can be rapidly implemented or expanded in 

19 the future when unemployment increases precipitously due 

20 to a recession or other causes. Projects approved for fu21 ture implementation may receive immediate funding to un22 dertake preparatory work necessary for the rapid imple23 mentation of the project when it is needed. 

24 (c) MONITORING AND TECHNICAL ASSISTANCE.— 

25 The performance of grant recipients shall be monitored 


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1 during as well as at the conclusion of a grant-funded 

2 project, and technical assistance shall be offered to grant 

3 recipients, as needed, to help insure the success of their 

4 grant-funded projects. 

5 (d) POST-PROJECT REVIEW.—A post-project review 

6 of the performance of every grant-funded projects shall be 

7 conducted and documented. 

8 SEC. 203. OFFICE OF TECHNICAL ASSISTANCE. 

9 The Secretary shall establish and administer an Of10 fice of Technical Assistance to advise and assist grant re11 cipients and potential grant recipients in the identification 

12 and adoption of best practices in the design and adminis13 tration of job creation projects, the preparation of grant 

14 proposals, the satisfaction of Program requirements, and 

15 the fulfillment of the Program’s purposes. 

16 SEC. 204. OFFICE OF EDUCATIONAL SUPPORT. 

17 The Secretary shall establish and administer an Of18 fice of Educational Support to encourage and affirmatively 

19 assist Program employees who have not yet earned a high 

20 school diploma or its equivalent to complete his or her sec21 ondary education; and to counsel Program employees con22 cerning post-secondary vocational and academic edu23 cational opportunities. 


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1 SEC. 205. OFFICE OF ASSISTED PLACEMENT. 

2 The Secretary shall establish and administer an Of3 fice of Assisted Placement to coordinate the creation and 

4 operation of Assisted Placement Offices in all one-stop 

5 centers for the purpose of providing placement services to 

6 individuals eligible for such services under section 308. 

7 SEC. 206. OFFICE OF DISPUTE RESOLUTION. 

8 (a) IN GENERAL.—The Secretary shall establish and 

9 administer an Office of Dispute Resolution to perform the 

10 dispute resolution functions described in section 313. 

11 (b) WHISTLEBLOWER HOTLINE.—The Secretary 

12 shall establish and administer both an online and tele13 phone whistleblower hotline for the informal reportage of 

14 alleged violations of this Act. Provided enough information 

15 is furnished via the hotline to initiate an investigation, the 

16 matter shall be referred for appropriate follow up. 

17 (c) SOUTH AFRICAN CCMA COMMENDED AS

18 MODEL.—The rules and procedures adopted by the Sec19 retary for the resolution of disputes within the scope of 

20 section 313(b) shall be designed to insure a prompt and 

21 fair resolution of employment disputes in a process that 

22 is free of cost to the participants and easily navigated by 

23 all parties. To that end, the Congress commends the ad24 ministrative practices and rules of the South African Com25 mission for Conciliation, Mediation and Arbitration 


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1 (CCMA) as a model for the dispute resolution system es2 tablished under this section. 

3 SEC. 207. OFFICE OF STATISTICS AND RESEARCH. 

4 The Secretary shall establish and administer an Of5 fice of Statistics and Research to provide the public with 

6 useful information concerning the operations of the Pro7 gram, to provide Program administrators with evidence8 based guidance to aid them in their work, and to assist 

9 the Congress in its oversight of the Program. Employing 

10 rigorous social science methodologies, and with the advice 

11 and assistance of the Bureau of Labor Statistics where 

12 appropriate, the Office of Statistics and Research shall— 

13 (1) collect, tabulate, analyze, and report statis14 tical data on labor market conditions that are rel15 evant to Program operations; 

16 (2) undertake basic and applied research to 

17 guide Program administrators in the performance of 

18 their duties and to track the Program’s success or 

19 lack thereof in combating various aspects of the 

20 problem of unemployment and the harmful effects 

21 associated with the problem of unemployment; 

22 (3) identify and disseminate information re23 garding best practices in Program design and imple24 mentation; 


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1 (4) catalogue basic information about each and 

2 every job creation project or job-training program 

3 funded by an Employment Opportunity Grant and 

4 create a permanent and easily accessible archive of 

5 this information on the Program’s website; 

6 (5) develop methodologies to estimate and re7 port the revenues and savings generated by the Pro8 gram for various levels of government either directly 

9 through increased tax revenues or indirectly through 

10 reductions in other government expenditures; and 

11 (6) carry out other research tasks in support of 

12 the Program’s goals. 

13 SEC. 208. NATIONAL EMPLOYMENT CONFERENCE. 

14 (a) IN GENERAL.—The Secretary shall convene a na15 tional employment conference not later than 1 year after 

16 the date of enactment of this Act, and annually thereafter. 

17 (b) PURPOSE OF CONFERENCE.—The purpose of the 

18 conference shall be to report on research concerning the 

19 operations of the Program and its role in addressing var20 ious aspects of the problems of unemployment, to share 

21 best practices in addressing such problems, and to address 

22 challenges in the administration of this Act. 

23 SEC. 209. PROGRAM WEBSITE. 

24 The Secretary shall establish and administer an inter25 net website to provide the public with information conVerDate Sep 11 2014 19:31 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H1000.IH H1000

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1 cerning the Program and to archive information con2 cerning its operations. 

3 SEC. 210. STAFFING ADMINISTRATIVE FUNCTIONS. 

4 To the extent reasonably possible, the Secretary shall 

5 fill positions within the Program’s administrative offices 

6 with individuals who are eligible for Program employment. 

7 SEC. 211. WORKFORCE INNOVATION AND OPPORTUNITY 

8 ACT. 

9 (a) IN GENERAL.—The Secretary shall make adjust10 ments in the activities and programs administered by the 

11 Department of Labor under the WIOA as necessary or 

12 useful to serve the needs of this Act. 

13 (b) EXPANSION OF WORKFORCE DEVELOPMENT

14 BOARDS.—To facilitate the implementation of the adjust15 ments described in subsection (a) at the State and local 

16 level: 

17 (1) Section 101(b)(1)(C) of the WIOA (29 

18 U.S.C. 3111(b)(1)(C)) is amended— 

19 (A) by striking ‘‘and’’ at the end of sub20 clause (II); 

21 (B) by inserting ‘‘and’’ at the end of sub22 clause (III); and 

23 (C) by adding at the end the following: 

24 ‘‘(IV) are not less than 25 per25 cent of the chief executive officers of 


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1 minority-serving, community-based or2 ganizations;’’. 

3 (2) Section 107(b)(2)(C) of the WIOA (29 

4 U.S.C. 3122(b)(2)(A)) is amended by adding at the 

5 end the following: 

6 ‘‘(iv) shall include not less than 25 

7 percent of the chief executive officers of 

8 minority-serving, community-based organi9 zations;’’. 

10 (3) EFFECTIVE DATE.—The amendments to the 

11 WIOA set forth in this subsection shall take effect 

12 as if enacted as part of the WIOA (29 U.S.C. 3101 

13 et seq.). 

14 TITLE III—EMPLOYMENT 

15 OPPORTUNITY GRANTS 

16 SEC. 301. GRANTS. 

17 Subject to the availability of funds in the Trust 

18 Fund, the Secretary shall make grants to eligible entities 

19 for the purpose of creating— 

20 (1) employment opportunities for persons eligi21 ble for Program employment in projects designed to 

22 address community needs and reduce disparities in 

23 health, housing, education, job readiness, and public 

24 infrastructure that have impeded these communities 

25 from realizing their full economic potential; and 


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1 (2) free-standing job-training programs that 

2 provide job training, possibly including general edu3 cation, to— 

4 (A) Program employees pursuant to con5 tractual arrangements between the training 

6 Program and their employer to provide the Pro7 gram employees with specialized training need8 ed for the performance of their jobs; or 

9 (B) persons eligible for Program employ10 ment who seek such training rather than imme11 diate employment in order to qualify for a Pro12 gram or non-program job for which they other13 wise would not qualify, provided that cir14 cumstances are such that the training Program 

15 is justified in providing reasonable assurances 

16 to the individuals enrolled in it that upon the 

17 successful completion of their training, they will 

18 be able to obtain a Program or non-program 

19 job that utilize their newly acquired skills. 

20 SEC. 302. ELIGIBLE ENTITIES. 

21 Entities eligible to receive grants under this section 

22 shall include— 

23 (1) departments and agencies of the Federal 

24 Government with the approval of the Secretary of 

25 the department or the head of the agency; 


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1 (2) States, Indian Tribes, units of general local 

2 government, and urban counties; 

3 (3) agencies of the entities listed in paragraph 

4 (2) with the approval of the head of the agency or 

5 other person with the authority to make such com6 mitments; 

7 (4) independent or quasi-independent public8 sector agencies created by any level of government; 

9 and 

10 (5) not-for-profit organizations that qualify as 

11 tax exempt under section 501(c)(1), (3), (5), or (19) 

12 of the Internal Revenue Code. 

13 SEC. 303. USE OF FUNDS. 

14 Grants shall be awarded under this title for the fol15 lowing purposes: 

16 (1) The construction, reconstruction, rehabilita17 tion, and site improvement of affordable housing and 

18 public facilities, including improvements in the en19 ergy efficiency or environmental quality of such pub20 lic facilities or housing. 

21 (2) The provision of human services, including 

22 childcare, health care, support services for individ23 uals and families with special needs, education, 

24 after-school and vacation programs for children, and 


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1 recreational and cultural enrichment programs for 

2 persons of all ages. 

3 (3) Programs that provide disadvantaged youth 

4 with opportunities for employment, education, lead5 ership development, entrepreneurial skills develop6 ment, and training. 

7 (4) The repair, remodeling, and beautification 

8 of schools, community centers, libraries, and other 

9 community-based public facilities, and the aug10 mentation of staffing for the services they provide. 

11 (5) The restoration and revitalization of aban12 doned and vacant properties to alleviate blight in 

13 distressed and foreclosure-affected areas. 

14 (6) The expansion of emergency food programs 

15 to reduce hunger and promote family stability. 

16 (7) The augmentation of staffing in Head 

17 Start, and other early childhood education programs 

18 to promote school readiness, early literacy, life-long 

19 learning, and family involvement in their children’s 

20 education. 

21 (8) The maintenance, renovation and improve22 ment of parks, playgrounds, and other public spaces. 

23 (9) Providing labor for non-capital-intensive as24 pects of federally or State-funded infrastructure 

25 projects. 


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1 (10) The implementation of environmental ini2 tiatives designed to conserve natural resources, re3 mediate environmental damage, reverse climate 

4 change, and achieve environmental sustainability. 

5 (11) The enhancement of emergency prepared6 ness for natural and other community disasters and 

7 of post-emergency assistance for the victims of disas8 ters. 

9 (12) The expansion of work-study opportunities 

10 for secondary and post-secondary students, and the 

11 creation of ‘‘bridge employment’’ opportunities for 

12 recent graduates who have been unable to find work 

13 in the occupations for which they have trained. 

14 (13) Programs that emulate the Federal art, 

15 music, theater, and writers projects of the Works 

16 Projects Administration by providing work for un17 employed writers, musicians, artists, dancers and ac18 tors on projects that are consistent with the public 

19 service and equality-enhancing objectives of this Act. 

20 (14) The provision of job training to better 

21 equip Program employees to perform their program22 funded jobs or to allow unemployed and under23 employed individuals to obtain employment for which 

24 they otherwise would not qualify. 


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1 (15) Other activities analogous to those de2 scribed in paragraphs (1) through (14) that address 

3 public needs and can be implemented quickly. 

4 SEC. 304. GRANT CONDITIONS. 

5 As a condition for receiving a grant under this title, 

6 a grant applicant must— 

7 (1) show that it has, to the extent reasonably 

8 possible, consulted with community-based organiza9 tions, local government officials, and other interested 

10 parties concerning— 

11 (A) the needs of the community to be 

12 served by the project(s) for which it is seeking 

13 funding; 

14 (B) the ways in which its proposed project 

15 would serve those needs; 

16 (C) how it will coordinate its activities with 

17 other providers of related services in the com18 munity; and 

19 (D) how it will engage with local residents, 

20 community-based organizations, government of21 ficials, and other interested parties on an ongo22 ing basis during the course of the project(s); 

23 (2) agree to comply with the nondiscrimination 

24 policy set forth under section 109 of the Housing 


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1 and Community Development Act of 1974 (42 

2 U.S.C. 5309); 

3 (3) with respect to the funds allocated for each 

4 project funded under the grant— 

5 (A) allocate not less than 75 percent for 

6 wages, benefits, and support services such as 

7 childcare for Program employees and the lim8 ited number of personnel who are permitted to 

9 be paid from Program funds under the terms of 

10 the grant even though they are not eligible for 

11 Program employment; and 

12 (B) allocate the remaining funds to defray 

13 the nonlabor costs of the project, including nec14 essary capital goods, supplies, materials, rental 

15 payments, transportation costs, and other simi16 lar expenses; 

17 (4) use revenue generated by a project funded 

18 under the grant (whether in the form of fees paid 

19 for services provided by the project, reimbursements 

20 for expenses incurred by the project, or income from 

21 the sale of goods or services produced by the project) 

22 to— 

23 (A) supplement the grant-funded project’s 

24 budget; or 


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1 (B) support other projects funded by the 

2 grant in conformity with the same rules and re3 quirements that apply to the use of grant 

4 funds; 

5 (5) agree to return to the Trust Fund any un6 utilized grant monies and any unutilized income re7 ceived from the sale of goods and services produced 

8 by a grant-funded project; 

9 (6) ensure that any employment funded under 

10 the grant complies with sections 305, 306, and 307; 

11 (7) institute an outreach program with commu12 nity organizations and service providers in low-in13 come communities to provide information about em14 ployment opportunities funded under the grant; 

15 (8) ensure that not less than 35 percent of indi16 viduals employed under the grant qualify as dis17 advantaged, unless there are insufficient numbers of 

18 such individuals referable to the project by the local 

19 one-stop center, in which case the percentage of such 

20 individuals employed under the grant shall be as 

21 great as is reasonably possible; 

22 (9) ensure that all grant-funded projects pro23 vide adequate job training, either in-house by the 

24 Program employer or by not-for-profit training pro25 grams under contract with the Program employer, to 


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1 ensure that the Program employees they hire are 

2 able to perform their jobs in a professionally com3 petent manner; 

4 (10) agree to carry out all grant-funded 

5 projects in a manner that is as ecologically sustain6 able as is reasonably possible; 

7 (11) agree to cooperate with the efforts of the 

8 Office of Assisted Placement in providing Program 

9 employment or grant-funded training for individuals 

10 eligible for assisted placement under section 308; 

11 and 

12 (12) agree to cooperate with the procedures es13 tablished by the Office of Dispute Resolution in re14 solving disputes in accord with the provisions of sec15 tion 313. 

16 SEC. 305. PROGRAM EMPLOYMENT DESCRIBED. 

17 Employment funded under this section shall meet the 

18 following specifications: 

19 (1) Any employer that employs an individual 

20 whose employment is funded under the grant shall— 

21 (A) continue to employ such individual ab22 sent good cause for the termination of the indi23 vidual’s employment for as long as the project 

24 has need of the services provided by the indiVerDate Sep 11 2014 19:31 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H1000.IH H1000

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1 vidual or until the individual resigns, whichever 

2 comes first; 

3 (B) employ such individual for between 35 

4 and 40 hours per week if the individual desires 

5 full-time employment, and for a mutually 

6 agreed number of hours per week less than 35 

7 if the individual desires part-time employment, 

8 except that this requirement shall not apply if 

9 a grant recipient’s Employment Opportunity 

10 Grant provides otherwise for good cause shown 

11 during the application process; 

12 (C) comply with the responsible contractor 

13 standards of the Federal Acquisition Regulation 

14 (48 C.F.R. 1 et seq.); 

15 (D) pursuant to guidelines established by 

16 the Secretary, provide compensation to such in17 dividual that is comparable in value to the com18 pensation provided public sector employees who 

19 perform similar work in the community where 

20 such individual is employed or, if no public sec21 tor employees perform such similar work, pro22 vide compensation that is of comparable value 

23 to the compensation provided public sector em24 ployees hired to perform work of comparable 


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1 worth in the community where such individual 

2 is employed; 

3 (E) if such employment is in construction, 

4 provide compensation to any laborer or me5 chanic employed under the grant at rates not 

6 less than those prevailing on similar construc7 tion in the locality as determined by the Sec8 retary in accordance with subchapter IV of 

9 chapter 31 of title 40, United States Code; and 

10 (F) offer affirmative assistance to such in11 dividual in— 

12 (i) applying for social benefits for 

13 which such individual or the members of 

14 such individual’s family may be eligible; 

15 and 

16 (ii) satisfying continuing reporting ob17 ligations required to maintain eligibility for 

18 social benefits such individual or the mem19 bers of such individual’s family are receiv20 ing. 

21 (2) Any grant recipient that operates a training 

22 Program funded under this title shall— 

23 (A) provide Program trainees a cost-of-liv24 ing stipend set pursuant to standards estab25 lished by the Secretary and made payable to the 


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1 Program trainee as long as the Program trainee 

2 maintains satisfactory attendance, participation, 

3 and progress in the training Program; and 

4 (B) offer affirmative assistance to individ5 uals enrolled in the training program in— 

6 (i) applying for social benefits for 

7 which they or the members of their family 

8 may be eligible; and 

9 (ii) satisfying continuing reporting ob10 ligations required to maintain eligibility for 

11 social benefits they or members of their 

12 family are receiving. 

13 (3) No individual whose employment is funded 

14 under this Act may work for an employer at which 

15 a collective bargaining agreement is in effect cov16 ering the same or similar work, unless— 

17 (A) the consent of the union at such em18 ployer is obtained; and 

19 (B) negotiations have taken place between 

20 such union and the employer as to the terms 

21 and conditions of such employment. 

22 (4) No individual may be hired by a not-for23 profit organization in a position funded under this 

24 Act to perform functions or services that are cus25 tomarily performed, either exclusively or almost exVerDate Sep 11 2014 19:31 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H1000.IH H1000

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1 clusive by a Unit of General Local Government un2 less the Unit of General Local Government in ques3 tion refuses to apply for Program funding to expand 

4 or improve its own performance of the functions or 

5 services in question. 

6 (5) No individual whose employment is funded 

7 under this Act may be employed in a position if— 

8 (A) employing such individual will result in 

9 the layoff or partial displacement (such as a re10 duction in hours, wages, or employee benefits) 

11 of an existing employee of the employer; or 

12 (B) such individual will perform the same 

13 or substantially similar work that had pre14 viously been performed by an employee of the 

15 employer who has been laid off within the pre16 ceding 12 months or has been partially dis17 placed as that term is described in subpara18 graph (A) unless the employee has declined an 

19 offer of reinstatement to the position the em20 ployee occupied immediately prior to being laid 

21 off or partially displaced. 

22 (6) No individual may be hired for a position 

23 funded under this Act in a manner that infringes 

24 upon the promotional opportunities of an existing 

25 employee of the Program employer. 


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1 (7) Program employees shall qualify as public 

2 sector employees for purposes of all otherwise appli3 cable Federal, State, and local laws. 

4 SEC. 306. ELIGIBILITY FOR PROGRAM EMPLOYMENT. 

5 (a) CERTIFICATION BY ONE-STOP CENTER.—An in6 dividual seeking Program employment shall have his or 

7 her eligibility for such employment certified by a one-stop 

8 center serving the area where the Program employment 

9 is located. 

10 (b) REQUIREMENTS FOR CERTIFICATION.—To be 

11 certified as eligible for such employment, the individual 

12 must satisfy at least one of the following conditions as 

13 of the date the individual is hired to fill a job funded under 

14 this Act: 

15 (1) The individual has been unemployed for less 

16 than 30 days and is eligible to receive Unemploy17 ment Insurance benefits. 

18 (2) The individual is unemployed and has been 

19 registered at and seeking employment with the as20 sistance of a one-stop center for not less than 30 

21 days prior to the date on which the individual is so 

22 hired. 

23 (3) The individual has been employed part-time 

24 while registered at and seeking full-time employment 

25 with the assistance of a one-stop center for not less 


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1 than 30 days prior to the date the individual is so 

2 hired. 

3 (c) AVAILABILITY FOR NON-PROGRAM EMPLOY4 MENT.— 

5 (1) All Program employees shall be automati6 cally registered with the one-stop center serving the 

7 area where the individual resides as available for and 

8 seeking work. 

9 (2) The one-stop center serving the area where 

10 a Program employee resides shall screen inquiries 

11 from employers concerning available jobs and for12 ward those that seem suitable to qualified Program 

13 employees. 

14 (3) For purposes of paragraph (2), the term 

15 ‘‘suitable’’, used with respect to a job, means an 

16 offer of employment that— 

17 (A) a newly unemployed individual who has 

18 just begun receiving Unemployment Insurance 

19 benefits would be required to accept in order to 

20 avoid forfeiting their eligibility for continued re21 ceipt of such benefits under the laws of the 

22 State in which the Program employee is em23 ployed; and 

24 (B) is reasonably expected to last at least 

25 6 months. 


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1 (4) Program employees shall be provided time 

2 off with pay to respond to inquiries regarding suit3 able non-Program job openings. 

4 (5) A Program employee who refuses a suitable 

5 job offer resulting from such an inquiry without 

6 good cause shall— 

7 (A) forfeit their eligibility for Program em8 ployment for a period of 30 days, subject to the 

9 same procedures and right of appeal that ap10 plies to recipients of Unemployment Insurance 

11 who refuse suitable employment; and 

12 (B) maintain their eligibility for Program 

13 employment until such proceedings are com14 pleted. 

15 (6) A Program employee who terminates their 

16 Program employment in order to accept other em17 ployment, and who subsequently is terminated from 

18 that other employment without fault on the individ19 ual’s part, or who terminates that employment vol20 untarily for good cause, shall be eligible for imme21 diate reemployment in a job funded under this Act. 

22 (d) INVOLUNTARY TERMINATION OF PROGRAM EM23 PLOYMENT.— 

24 (1) A Program employee who is involuntarily 

25 terminated from their Program Job for inadequate 


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1 performance of job responsibilities shall not lose 

2 their eligibility for employment in another Program3 funded job. 

4 (2) A Program employee who is involuntarily 

5 terminated for misconduct shall lose their eligibility 

6 for Program employment for 30 days. 

7 SEC. 307. COMPENSATION. 

8 For purposes of section 305(1)(D)— 

9 (1) The term ‘‘compensation’’ shall mean hour10 ly wage rates, paid and unpaid leave time, retiree 

11 benefits, group life insurance, disability insurance, 

12 and health benefits. 

13 (2) The term ‘‘comparable in value’’ shall 

14 mean— 

15 (A) as regards hourly wage rates, the same 

16 hourly wage rate; 

17 (B) as regards paid and unpaid leave time, 

18 the same paid and unpaid leave time; 

19 (C) as regards retiree benefits, a defined 

20 contribution benefit of comparable actuarial 

21 value provided in a plan established and admin22 istered by the Secretary; 

23 (D) as regards group life and disability in24 surance benefits, an actuarially equivalent benVerDate Sep 11 2014 19:31 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H1000.IH H1000

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1 efit provided in a plan established and adminis2 tered by the Secretary; and 

3 (E) as regards health benefits, access to 

4 health insurance that provides approximately 

5 the same level of benefits for approximately the 

6 same employee contribution under the provi7 sions of paragraph (3). 

8 (3) Unless a Program Grant provides otherwise 

9 for good cause shown by the grant applicant, a Pro10 gram employer shall satisfy the requirements of this 

11 section relating to the provision of health benefits by 

12 providing affirmative assistance to each of its Pro13 gram employees in obtaining health benefits through 

14 a State Health Exchange, as permitted by the fol15 lowing exceptions to the ACA that apply only to Pro16 gram employees as hereby enacted: 

17 (A) The acquisition by a Program em18 ployee of such benefits through a Health Ex19 change shall not trigger tax penalties that 

20 would otherwise apply to the employee or the 

21 employee’s employer under the ACA. 

22 (B) Program employees who apply for 

23 health benefits under this paragraph shall be el24 igible for the same State Health Subsidy Pro25 grams as employed individuals who do not have 


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1 access to an ‘‘eligible employer-sponsored plan’’ 

2 as that term is defined in section 5000A(f)(2) 

3 of title 26, United States Code. 

4 (C) Any premiums a Program employee is 

5 required to pay for a health plan obtained 

6 under this subparagraph shall be paid by the 

7 employee’s Program employer via payroll deduc8 tions. 

9 (D) A Program employee’s wages shall be 

10 adjusted on an individual basis to the extent 

11 necessary to satisfy the comparable-value re12 quirement of section 305(1)(D) taking into con13 sideration the tax treatment accorded any addi14 tions or subtractions from the employee’s wages 

15 required to satisfy that comparable-value re16 quirement. 

17 (E) Program employers shall not be sub18 ject to the penalty set forth in section 4980D 

19 of title 26, United States Code, based on wage 

20 adjustments that comply with this paragraph. 

21 (4) In consideration for the savings the Pro22 gram established under this Act will generate in 

23 health care spending by all levels of government, the 

24 subsidy costs borne by the Federal Government or 

25 by State and local governments in providing health 


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1 benefits to Program employees under paragraph (3) 

2 shall not be chargeable to or reimbursed from the 

3 Program’s budget. 

4 (5) Chapter 43 of the Internal Revenue Code of 

5 1986 is amended by— 

6 (A) renumbering section 4980D(c)(4) as 

7 section 4980D(c)(5); and 

8 (B) inserting the following new section 

9 4980D(c)(4): 

10 ‘‘(4) TAX NOT TO APPLY TO CERTAIN PREMIUM

11 REIMBURSEMENTS.—No tax shall be imposed by 

12 subsection (a) on payments or reimbursements of 

13 health insurance premiums made pursuant to section 

14 307(3)(C) or (D) of the Jobs for All Act.’’. 

15 (6) Chapter 1 of the Internal Revenue Code of 

16 1986 is amended by inserting after section 106(g) 

17 the following new subsection (h): 

18 ‘‘(h) REIMBURSEMENTS OF CERTAIN HEALTH IN19 SURANCE PREMIUMS.—For purposes of this section, pay20 ments or reimbursements of health insurance premiums 

21 made pursuant to section 307(3)(C) or (D) of the Jobs 

22 for All Act shall not be included in the gross income of 

23 the employee.’’. 


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1 SEC. 308. ASSISTED PLACEMENT. 

2 (a) INDIVIDUALS ELIGIBLE FOR ASSISTED PLACE3 MENT.—Individuals eligible for assisted placement shall 

4 include— 

5 (1) individuals who have been unable to find 

6 Program employment within 30 days following the 

7 certification of their eligibility for such employment; 

8 (2) individuals who are certified as eligible for 

9 assisted placement by a one-stop center because of 

10 special circumstances that make it unlikely the indi11 vidual will be able to find employment within a rea12 sonable period of time without assisted placement 

13 services; and 

14 (3) individuals whose qualifications and work 

15 experience are such that they need additional train16 ing to qualify for a job that pays enough to meet 

17 their own and their dependent’s reasonable needs. 

18 (A) For purposes of this paragraph and 

19 subsection (c) of this section, the term ‘‘depend20 ents’’ shall mean persons claimable as depend21 ents on the individual’s Federal income tax re22 turn. 

23 (B) The Secretary shall engage in notice24 and-comment rulemaking to establish a method25 ology for developing reasonable-needs standards 

26 for use in implementing this paragraph. 


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1 (b) ASSISTED PLACEMENT SERVICES.—Upon the 

2 registration of an eligible individual for assisted placement 

3 services, the Assisted Placement Office shall— 

4 (1) assess the individual’s qualifications for em5 ployment and his or her interests in particular kinds 

6 of employment or training; 

7 (2) identify opportunities for Program employ8 ment that appear to be suitable for the individual in 

9 light of the individual’s qualifications and interests, 

10 along with any training opportunities that also may 

11 be of interest to the individual; 

12 (3) discuss these opportunities for Program em13 ployment and training with the individual; 

14 (4) for those opportunities the individual ex15 presses an interest in pursuing, contact the grant re16 cipient offering the opportunity, remind the grant 

17 recipient of its obligation to cooperate with the As18 sisted Placement Office in placing individuals in 

19 Program employment or desired training, and ar20 range an interview for the individual to explore 

21 whether a mutually acceptable placement is possible 

22 with the grant recipient; 

23 (5) follow up with both the individual and grant 

24 recipients to whom the individual has been referred 


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1 to ascertain whether a placement has been achieved, 

2 and if not why; 

3 (6) provide individual counseling and support 

4 services for individuals eligible for assisted place5 ment as needed to achieve a successful placement; 

6 (7) provide support services and additional 

7 funding to grant recipients, as needed, to accommo8 date the special needs of individuals who need such 

9 accommodation to find and succeed in Program em10 ployment or training; and 

11 (8) continue to work with the individual until a 

12 successful placement in Program employment or 

13 grant-funded training has been achieved, or until the 

14 Assisted Placement Office concludes, supported by 

15 adequate documentation, that the individual is un16 able or unwilling to provide the level of cooperation 

17 required to obtain and succeed in Program employ18 ment or grant-funded training, in which case the As19 sisted Placement Office shall offer assistance to the 

20 individual in arranging appropriate services to ad21 dress the problems that are interfering with the indi22 vidual’s ability to find and succeed in Program em23 ployment or training. 

24 (c) ADDITIONAL ASSISTANCE AVAILABLE.—To the 

25 extent necessary to ensure that individuals who qualify for 


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1 assisted placement under this section are able to earn 

2 enough to meet their own reasonable needs and those of 

3 their dependents, the Assisted Placement Office shall have 

4 the authority— 

5 (1) to arrange preferential placement for such 

6 individuals in grant-funded training programs, and 

7 following the completion of their training, provide 

8 assisted placement services to such individuals to en9 sure that they secure employment inside or outside 

10 the Program in a job that utilizes their newly ac11 quired skills; 

12 (2) to the extent necessary, to meet their rea13 sonable needs, provide such individuals with pref14 erential access to goods and services produced by the 

15 Program, such as affordable housing and childcare 

16 services; 

17 (3) to supplement the income of such individ18 uals with the equivalent of a voucher for housing as19 sistance under section 8(o) of the United States 

20 Housing Act of 1937, if such a voucher is not other21 wise available; and 

22 (4) to furnish such individuals with other in23 come supplements that expand eligibility for or add 

24 value to the Earned Income Tax Credit (26 U.S.C. 

25 32), the Child Tax Credit (26 U.S.C. 24), or the 


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1 Low Income Home Energy Assistance program (42 

2 U.S.C. 8621 et seq.). 

3 (d) GRANT RECIPIENT’S OBLIGATION TO COOPER4 ATE.—Grant recipients shall cooperate with efforts to pro5 vide assisted placement to individuals eligible for assisted 

6 placement under subsection (a). This duty shall mean, 

7 among other things, that a grant recipients must have 

8 good cause to refuse Program employment to a person re9 ferred to it for assisted placement. 

10 SEC. 309. PRIORITY GIVEN TO CERTAIN PROJECTS. 

11 Priority in the award of Employment Opportunity 

12 Grants shall be accorded to projects that— 

13 (1) provide goods and services, such as 

14 childcare, transportation, affordable housing, job 

15 training, and peer support, that make it easier for 

16 individuals who want to work to do so; or 

17 (2) serve areas with the greatest level of eco18 nomic need, determined for each such area by fac19 tors such as— 

20 (A) the unemployment rate; 

21 (B) the rate of poverty; 

22 (C) the number of census tracts in the 

23 area with concentrated poverty; 

24 (D) the level of median income in the area; 


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1 (E) the percentage of residential units in 

2 the area that appear to have been abandoned; 

3 (F) the percentage of homes in the area 

4 that are in foreclosure; and 

5 (G) indicators of poor resident health, in6 cluding high rates of chronic disease, infant 

7 mortality, and low life expectancy. 

8 SEC. 310. STARTUP PERIOD. 

9 Since it will take time for the Program established 

10 by this Act to develop the project-management experience 

11 and project-development capacity needed to fully achieve 

12 the Act’s goals, the Secretary shall have the authority to 

13 establish reasonable priorities in planning and executing 

14 the implementation of this Act, provided— 

15 (1) the number of jobs created in each commu16 nity during the startup period is roughly propor17 tionate to the level of unemployment, involuntary 

18 part-time employment, and non-labor force partici19 pation by persons who want and are available to ac20 cept jobs in each community, and 

21 (2) the type of jobs created in each community 

22 disproportionately favor those individuals and popu23 lation groups who enjoy the fewest alternative em24 ployment opportunities. 


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1 SEC. 311. SECRETARY’S AUTHORITY TO ADMINISTER 

2 PROJECTS DIRECTLY. 

3 (a) IN GENERAL.—The Secretary shall have the au4 thority to use Trust Fund monies to establish and directly 

5 administer job creation projects during the startup period 

6 provided for in section 310. 

7 (b) WHEN THE STARTUP PERIOD HAS ENDED.— 

8 Once the startup period described in section 125 has 

9 ended, the Secretary shall have a continuing obligation to 

10 ensure the availability of enough jobs to provide suitable 

11 work for everyone who wants it everywhere in the Nation, 

12 including by the direct administration of job creation 

13 projects to the extent necessary or useful in achieving the 

14 purposes of this Act. 

15 SEC. 312. REPORTS. 

16 (a) REPORTS BY GRANT RECIPIENTS.—Not later 

17 than 90 days after the last day of each fiscal year for 

18 which grant funding has been provided under this title, 

19 grant recipients shall submit to the Secretary a report con20 taining such information as the Secretary requires con21 cerning their use of their grant. 

22 (b) REPORT TO CONGRESS.—At least once every 6 

23 months, the Secretary shall report to Congress on the 

24 Act’s implementation and effects. 


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1 SEC. 313. DISPUTE RESOLUTION. 

2 (a) DISPUTES CONCERNING THE ALLOCATION OR

3 USE OF PROGRAM FUNDS.—Alleged improprieties involv4 ing the allocation or use of Program funds, including, 

5 without limitation, alleged violations of paragraph (3), (4), 

6 or (5) of section 304, shall be investigated by the Office 

7 of Dispute Resolution pursuant to rules and procedures 

8 established by the Secretary. Those rules and procedures 

9 shall be designed to ensure a prompt and fair review of 

10 the contested matter based on the obligation of all inter11 ested parties to full and transparent cooperation with the 

12 investigation. A failure to provide such cooperation shall 

13 be deemed to support a conclusion that the information 

14 being sought would be adverse to the noncooperating par15 ty’s interests. Any administrative response ordered by the 

16 Office of Dispute Resolution as a result of its investigation 

17 shall be designed to further the goals and integrity of the 

18 Program. 

19 (b) DISPUTES ARISING OUT OF PROGRAM EMPLOY20 MENT AND TRAINING.—Disputes regarding an individ21 ual’s eligibility for Program employment or training, the 

22 terms and conditions of the individual’s Program employ23 ment or training, the imposition of discipline on a Pro24 gram employee or Program trainee, the involuntary termi25 nation of an individual’s Program employment or training, 

26 or any other individual right, whether created by this Act 


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1 or based on otherwise existing law, may be submitted by 

2 the adversely affected individual for resolution pursuant 

3 to the rules and procedures established for the resolution 

4 of such disputes by the Office of Dispute Resolution. 

5 (c) WAIVER OF RIGHTS.—For disputes falling within 

6 the scope of subsection (b), the election by an individual 

7 to pursue a legal remedy other than that provided by the 

8 Program’s dispute resolution system shall automatically 

9 waive the individual’s right to submit the dispute to the 

10 Program’s dispute resolution system unless all parties to 

11 the dispute agree to the termination of the other legal pro12 ceeding and the submission of the dispute for resolution 

13 under subsection (b). 

14 (d) BREACHES OF A COLLECTIVE BARGAINING

15 AGREEMENT.—If a dispute falling within the scope of sub16 section (a) or (b) includes an alleged breach of a collective 

17 bargaining agreement (‘‘CBA’’), the jurisdiction of the 

18 Program’s Office of Dispute Resolution may not be in19 voked to decide any issue that depends on the interpreta20 tion of the CBA, but it may be invoked under subsection 

21 (a) or (b), as appropriate, to decide other aspects of the 

22 dispute, either before the contract dispute is resolved if 

23 both parties to the CBA agree to the submission, or after 

24 the contract dispute has been resolved if issues remain 


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1 that are suitable for resolution by the Office of Dispute 

2 Resolution. 

3 (e) OTHER DISPUTES.—Persons or entities that 

4 claim to have suffered a legally cognizable detriment as 

5 a result of a violation of this Act that does not fall within 

6 the scope of subsection (a) or (b) may have their claim 

7 investigated and obtain an appropriate administrative re8 sponse by filing a complaint with the Office of Dispute 

9 Resolution. 

10 (f) WHISTLEBLOWER HOTLINE.—In addition to the 

11 procedures established by the Secretary to formally invoke 

12 the jurisdiction of the Office of Dispute Resolution, infor13 mation involving alleged violations of this Act may be re14 ported informally to the Office of Dispute Resolution. 

15 SEC. 314. TAX ON SECURITIES TRANSACTIONS. 

16 (a) IN GENERAL.—Chapter 36 of the Internal Rev17 enue Code of 1986 is amended by inserting after sub18 chapter B the following new subchapter: 

19 ‘‘Subchapter C—Tax on Securities 

20 Transactions 

21 ‘‘SEC. 4475. TAX ON TRADING TRANSACTIONS. 

22 ‘‘(a) IMPOSITION OF TAX.—There is hereby imposed 

23 a tax on the transfer of ownership in each covered trans24 action with respect to any security. 


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1 ‘‘(b) RATE OF TAX.—The tax imposed under sub2 section (a) with respect to any covered transaction shall 

3 be the applicable percentage of the specified base amount 

4 with respect to such covered transaction. The applicable 

5 percentage shall be— 

6 ‘‘(1) 0.2 percent in the case of a security de7 scribed in subparagraph (A) or (B) of subsection 

8 (e)(1), 

9 ‘‘(2) 0.06 percent in the case of a security de10 scribed in subparagraph (C) of subsection (e)(1), 

11 ‘‘(3) 0.2 percent in the case of a security de12 scribed in subparagraph (D) of subsection (e)(1) if 

13 the underlying assets on which the rights and obliga14 tions created by the security are based consist of 

15 other securities described in subparagraph (A) or 

16 (B) of subsection (e)(1), 

17 ‘‘(4) 0.2 percent in the case of a security de18 scribed in subparagraph (F) of subsection (e)(1) if 

19 the index on which the rights and obligations created 

20 by the security are based is an index referencing the 

21 values of securities described in subparagraph (A) or 

22 (B) of subsection (e)(1)(A), and 

23 ‘‘(5) 0.06 percent in the case of any security 

24 described in subparagraph (D), (E), or (F) of subVerDate Sep 11 2014 19:31 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H1000.IH H1000

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1 section (e)(1) (other than a security described in 

2 paragraph (3) or (4)). 

3 ‘‘(c) SPECIFIED BASE AMOUNT.—For purposes of 

4 this section, the term ‘specified base amount’ means— 

5 ‘‘(1) except as provided in paragraph (2), the 

6 fair market value of the security (determined as of 

7 the time of the covered transaction), and 

8 ‘‘(2) in the case of any payment described in 

9 subsection (h), the amount of such payment. 

10 ‘‘(d) COVERED TRANSACTION.—For purposes of this 

11 section, the term ‘covered transaction’ means— 

12 ‘‘(1) except as provided in paragraph (2), any 

13 purchase if— 

14 ‘‘(A) such purchase occurs or is cleared on 

15 a facility located in the United States, or 

16 ‘‘(B) the purchaser or seller is a United 

17 States person, and 

18 ‘‘(2) any transaction with respect to a security 

19 described in subparagraph (D), (E), or (F) of sub20 section (e)(1), if— 

21 ‘‘(A) such security is traded or cleared on 

22 a facility located in the United States, or 

23 ‘‘(B) any party with rights under such se24 curity is a United States person. 


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1 ‘‘(e) SECURITY AND OTHER DEFINITIONS.—For pur2 poses of this section— 

3 ‘‘(1) SECURITY.—The term ‘security’ means— 

4 ‘‘(A) any share of stock in a corporation, 

5 ‘‘(B) any partnership or beneficial owner6 ship interest in a partnership or trust, 

7 ‘‘(C) any note, bond, debenture, or other 

8 evidence of indebtedness, other than a State or 

9 local bond the interest of which is excluded 

10 from gross income under section 103(a), 

11 ‘‘(D) any evidence of an interest in, or a 

12 derivative financial instrument with respect to, 

13 any security or securities described in subpara14 graph (A), (B), or (C), 

15 ‘‘(E) any derivative financial instrument 

16 with respect to any currency or commodity in17 cluding notional principal contracts, and 

18 ‘‘(F) any other derivative financial instru19 ment any payment with respect to which is cal20 culated by reference to any specified index. 

21 ‘‘(2) DERIVATIVE FINANCIAL INSTRUMENT.— 

22 The term ‘derivative financial instrument’ includes 

23 any option, forward contract, futures contract, no24 tional principal contract, or any similar financial in25 strument. 


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1 ‘‘(3) SPECIFIED INDEX.—The term ‘specified 

2 index’ means any one or more of any combination 

3 of— 

4 ‘‘(A) a fixed rate, price, or amount, or 

5 ‘‘(B) a variable rate, price, or amount, 

6 which is based on any current objectively deter7 minable information which is not within the 

8 control of any of the parties to the contract or 

9 instrument and is not unique to any of the par10 ties’ circumstances. 

11 ‘‘(4) TREATMENT OF EXCHANGES.— 

12 ‘‘(A) IN GENERAL.—An exchange shall be 

13 treated as the sale of the property transferred 

14 and a purchase of the property received by each 

15 party to the exchange. 

16 ‘‘(B) CERTAIN DEEMED EXCHANGES.—In 

17 the case of a distribution treated as an ex18 change for stock under section 302 or 331, the 

19 corporation making such distribution shall be 

20 treated as having purchased such stock for pur21 poses of this section. 

22 ‘‘(f) EXCEPTIONS.— 

23 ‘‘(1) EXCEPTION FOR INITIAL ISSUES.—No tax 

24 shall be imposed under subsection (a) on any cov25 ered transaction with respect to the initial issuance 


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1 of any security described in subparagraph (A), (B), 

2 or (C) of subsection (e)(1). 

3 ‘‘(2) EXCEPTION FOR CERTAIN TRADED SHORT4 TERM INDEBTEDNESS.—A note, bond, debenture, or 

5 other evidence of indebtedness which— 

6 ‘‘(A) is traded on a trading facility located 

7 in the United States, and 

8 ‘‘(B) has a fixed maturity of not more 

9 than 60 days, shall not be treated as described 

10 in subsection (e)(1)(C). 

11 ‘‘(3) EXCEPTION FOR SECURITIES LENDING AR12 RANGEMENTS.—No tax shall be imposed under sub13 section (a) on any covered transaction with respect 

14 to which gain or loss is not recognized by reason of 

15 section 1058. 

16 ‘‘(4) EXCEPTION FOR INTERESTS IN MUTUAL

17 FUNDS.—No tax shall be imposed under subsection 

18 (a) with respect to the purchase or sale of any inter19 est in a regulated investment company (as defined in 

20 section 851). 

21 ‘‘(g) BY WHOM PAID.— 

22 ‘‘(1) IN GENERAL.—The tax imposed by this 

23 section shall be paid by— 


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1 ‘‘(A) in the case of a transaction which oc2 curs or is cleared on a facility located in the 

3 United States, such facility, and 

4 ‘‘(B) in the case of a purchase not de5 scribed in subparagraph (A) which is executed 

6 by a broker (as defined in section 6045(c)(1)), 

7 the broker. 

8 ‘‘(2) SPECIAL RULES FOR DIRECT, ETC., 

9 TRANSACTIONS.—In the case of any transaction to 

10 which paragraph (1) does not apply, the tax imposed 

11 by this section shall be paid by— 

12 ‘‘(A) in the case of a transaction described 

13 in subsection (d)(1)— 

14 ‘‘(i) the purchaser if the purchaser is 

15 a United States person, and 

16 ‘‘(ii) the seller if the purchaser is not 

17 a United States person, and 

18 ‘‘(B) in the case of a transaction described 

19 in subsection (d)(2)— 

20 ‘‘(i) the payor if the payor is a United 

21 States person, and 

22 ‘‘(ii) the payee if the payor is not a 

23 United States person. 

24 ‘‘(h) CERTAIN PAYMENTS TREATED AS SEPARATE

25 TRANSACTIONS.—Except as otherwise provided by the 


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1 Secretary, any payment with respect to a security de2 scribed in subparagraph (D), (E), or (F) of subsection 

3 (e)(1) shall be treated as a separate transaction for pur4 poses of this section, including— 

5 ‘‘(1) any net initial payment, net final or termi6 nating payment, or net periodical payment with re7 spect to a notional principal contract (or similar fi8 nancial instrument), 

9 ‘‘(2) any payment with respect to any forward 

10 contract (or similar financial instrument), and 

11 ‘‘(3) any premium paid with respect to any op12 tion (or similar financial instrument). 

13 ‘‘(i) ADMINISTRATION.—The Secretary shall carry 

14 out this section in consultation with the Securities and Ex15 change Commission and the Commodity Futures Trading 

16 Commission. 

17 ‘‘(j) GUIDANCE; REGULATIONS.—The Secretary 

18 shall— 

19 ‘‘(1) provide guidance regarding such informa20 tion reporting concerning covered transactions as the 

21 Secretary deems appropriate, including reporting by 

22 the payor of the tax in cases where the payor is not 

23 the purchaser, and 

24 ‘‘(2) prescribe such regulations as are necessary 

25 or appropriate to prevent avoidance of the purposes 


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1 of this section, including the use of non-United 

2 States persons in such transactions. 

3 ‘‘(k) WHISTLEBLOWERS.—See section 7623 for pro4 visions relating to whistleblowers.’’. 

5 (b) PENALTY FOR FAILURE TO INCLUDE COVERED

6 TRANSACTION INFORMATION WITH RETURN.—Part I of 

7 subchapter B of chapter 68 of the Internal Revenue Code 

8 of 1986 is amended by inserting after section 6707A the 

9 following new section: 

10 ‘‘SEC. 6707B. PENALTY FOR FAILURE TO INCLUDE COV11 ERED TRANSACTION INFORMATION WITH RE12 TURN. 

13 ‘‘(a) IMPOSITION OF PENALTY.—Any person who 

14 fails to include on any return or statement any informa15 tion with respect to a covered transaction which is re16 quired pursuant to section 4475(j)(1) to be included with 

17 such return or statement shall pay a penalty in the 

18 amount determined under subsection (b). 

19 ‘‘(b) AMOUNT OF PENALTY.—Except as otherwise 

20 provided in this subsection, the amount of the penalty 

21 under subsection (a) with respect to any covered trans22 action shall be determined by the Secretary. 

23 ‘‘(c) COVERED TRANSACTION.—For purposes of this 

24 section, the term ‘covered transaction’ has the meaning 

25 given such term by section 4475(d). 


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1 ‘‘(d) AUTHORITY TO RESCIND PENALTY.— 

2 ‘‘(1) IN GENERAL.—The Commissioner of In3 ternal Revenue may rescind all or any portion of any 

4 penalty imposed by this section with respect to any 

5 violation if rescinding the penalty would promote 

6 compliance with the requirements of this title and 

7 effective tax administration. 

8 ‘‘(2) NO JUDICIAL APPEAL.—Notwithstanding 

9 any other provision of law, any determination under 

10 this subsection may not be reviewed in any judicial 

11 proceeding. 

12 ‘‘(3) RECORDS.—If a penalty is rescinded under 

13 paragraph (1), the Commissioner shall place in the 

14 file in the Office of the Commissioner the opinion of 

15 the Commissioner with respect to the determination, 

16 including— 

17 ‘‘(A) a statement of the facts and cir18 cumstances relating to the violation, 

19 ‘‘(B) the reasons for the rescission, and 

20 ‘‘(C) the amount of the penalty rescinded. 

21 ‘‘(e) COORDINATION WITH OTHER PENALTIES.—The 

22 penalty imposed by this section shall be in addition to any 

23 other penalty imposed by this title.’’. 

24 (c) CLERICAL AMENDMENTS.— 


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1 (1) The table of sections for part I of sub2 chapter B of chapter 68 of such Code is amended 

3 by inserting after the item relating to section 6707A 

4 the following new item: 

‘‘Sec. 6707B. Penalty for failure to include covered transaction information 

with return.’’. 

5 (2) The table of subchapters for chapter 36 of 

6 the Internal Revenue Code of 1986 is amended by 

7 inserting after the item relating to subchapter B the 

8 following new item: 

‘‘SUBCHAPTER C—TAX ON SECURITIES TRANSACTIONS’’. 

9 (d) EFFECTIVE DATE.—The amendments made by 

10 this section shall apply to transactions occurring more 

11 than 180 days after the date of the enactment of this Act. 

Æ 


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