I 

115TH CONGRESS 

1ST SESSION H. R. 1000 

To establish the National Full Employment Trust Fund to create employment 

opportunities for the unemployed. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 9, 2017 

Mr. CONYERS (for himself, Mr. NADLER, Ms. KAPTUR, Ms. WILSON of Florida, Ms. SLAUGHTER, Mr. ELLISON, Ms. SCHAKOWSKY, Ms. MOORE, Mr. 

CAPUANO, Mr. GRIJALVA, Mr. POCAN, Mr. MCGOVERN, Ms. NORTON, 

Mr. VEASEY, Mr. SERRANO, Ms. CLARKE of New York, Mrs. LAWRENCE, 

Mr. LEWIS of Georgia, Mr. CUMMINGS, Mr. DANNY K. DAVIS of Illinois, 

Ms. EDDIE BERNICE JOHNSON of Texas, Mr. GARAMENDI, Mr. RYAN of 

Ohio, Mr. MEEKS, Ms. JUDY CHU of California, Mr. AL GREEN of Texas, 

Mrs. BEATTY, Mr. NOLAN, and Mr. RASKIN) introduced the following 

bill; which was referred to the Committee on Education and the Workforce, 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 the National Full Employment Trust Fund to 

create employment opportunities for the unemployed. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act shall be cited as the ‘‘Humphrey-Hawkins 

3 21st Century Full Employment and Training Act of 

4 2017’’ or the ‘‘Jobs for All Act’’. 

5 SEC. 2. FINDINGS AND PURPOSE. 

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

7 (1) The Full Employment and Balanced 

8 Growth Act of 1978 established an interim 5-year 

9 target of 3-percent unemployment for individuals 20 

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

11 age 16 and over within 5 years, with full employ12 ment to be achieved ‘‘as soon as practicable’’ there13 after. 

14 (2) The Federal Government has previously es15 tablished full employment as a national goal in na16 tional legislation, including the Employment Act of 

17 1946 and the Full Employment and Balanced 

18 Growth Act of 1978. 

19 (3) Pursuant to these Acts, the Congress de20 clared it is the continuing policy and responsibility 

21 of the Federal Government to use all practicable 

22 means to create and maintain conditions which pro23 mote useful employment opportunities for all who 

24 seek them, including the self-employed. Pursuant to 

25 these Acts, the Congress declared and established as 

26 a national goal the fulfillment of the right to full opVerDate Sep 11 2014 22:10 Feb 17, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1000.IH H1000

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1 portunities for useful paid employment at fair rates 

2 of compensation of all individuals able, willing, and 

3 seeking to work. 

4 (4) The Nation has suffered substantial unem5 ployment and underemployment, and idleness of pro6 ductive resources over prolonged periods of time, im7 posing numerous economic and social costs on the 

8 Nation. 

9 (5) The Nation has been deprived of the full 

10 supply of goods and services, the full utilization of 

11 labor and capital resources, and the related increases 

12 in economic well-being that would occur under condi13 tions of genuine full employment. 

14 (6) The current output of goods and services is 

15 insufficient to meet pressing national priorities for 

16 infrastructure, transportation, energy, education, 

17 health care, child and elder care, and many other 

18 necessary public and human services. 

19 (7) Unemployment and underemployment ex20 pose many workers and families to significant, so21 cial, psychological and physiological costs, including 

22 disruption of family life, the loss of individual dig23 nity and self-respect, and the aggravation of physical 

24 and psychological illnesses. 


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1 (8) Persisting unemployment and underemploy2 ment have devastating financial consequences, re3 sulting in the loss of income and spending power for 

4 families, and interfering with their ability to save 

5 and accumulate assets for a secure family life and 

6 retirement. High levels of unemployment and inad7 equate consumer demand also contribute to poor 

8 conditions for retail businesses, manufacturers and 

9 many other firms to grow and prosper. In the real 

10 estate sector, the Congress finds that continuing 

11 high levels of unemployment contribute to fore12 closures, evictions, and commercial vacancies, under13 mining the quality of neighborhood and community 

14 life, and hampering prospects for economic recovery 

15 and national prosperity. 

16 (9) The historic promise of this earlier legisla17 tion has not been fully realized, and we re-declare 

18 and reaffirm our support for achieving a national 

19 goal of jobs for all at living wages. 

20 (10) The United States has a duty under Arti21 cles 55 and 56 of the United Nations Charter to 

22 promote ‘‘full employment’’ and the ‘‘universal re23 spect for, and observance of, human rights and fun24 damental freedoms for all without distinction as to 

25 race, sex, language, or religion’’. The human rights 


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1 the United States has a duty to promote pursuant 

2 to this obligation are set forth in the Universal Dec3 laration of Human Rights. Article 23 of the Uni4 versal Declaration states that ‘‘Everyone has the 

5 right to work’’ and to ‘‘just and favorable remunera6 tion’’ that insures for his or her family ‘‘an existence 

7 worthy of human dignity, and supplemented, if nec8 essary, by other means of social protection’’. 

9 (11) The Congress has a strong interest in 

10 seeking the progressive reduction and elimination of 

11 job disparities among groups of workers who experi12 ence chronically higher rates of unemployment and 

13 underemployment. 

14 (12) Even at the top of the business cycle, when 

15 national unemployment rates drop to the 4-percent 

16 to 5-percent range, job vacancy surveys show that 

17 the economy does not provide enough jobs to employ 

18 everyone who wants to work. Reliance on direct job 

19 creation to close the economy’s job gap is especially 

20 important at such times, because it provides a 

21 means of creating additional jobs without adding 

22 significantly to inflationary pressures, a very dif23 ficult goal to achieve at the top of the business cycle 

24 via macroeconomic policy interventions. 


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1 (13) The Congress intends to maximize the cre2 ation of private, public and nonprofit sector jobs 

3 through improved use of general economic and struc4 tural policies, including measures to encourage pri5 vate sector investment and capital formation; an in6 creased public investment in research and develop7 ment, infrastructure, energy, education, public serv8 ices and the environment, and other essential goods 

9 and services. 

10 (b) PURPOSE.—It is the purpose of the Humphrey11 Hawkins 21st Century Full Employment and Training 

12 Act of 2015 to fulfill the right to useful work at living 

13 wages for all persons seeking employment by establishing 

14 a Full Employment Trust Fund to fund and operate a 

15 national program of public service employment and to pro16 vide additional labor market opportunities to complement 

17 those offered by the existing private, public, and nonprofit 

18 sectors. 

19 SEC. 3. DEFINITIONS. 

20 In this Act the following definitions apply: 

21 (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

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

23 of the Housing and Community Development Act 

24 (42 U.S.C. 5302(17)). 


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1 (2) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Labor. 

3 (3) SMALL BUSINESS.—The term ‘‘small busi4 ness’’ has the meaning given the term ‘‘small busi5 ness concern’’ under section 3 of the Small Business 

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

7 (4) STATE.—The term ‘‘State’’ has the mean8 ing given such term in section 102(2) of the Hous9 ing and Community Development Act (42 U.S.C. 

10 5302(2)). 

11 (5) TRUST FUND.—The term ‘‘Trust Fund’’ re12 fers to the Full Employment Trust Fund established 

13 under section 4. 

14 (6) UNIT OF GENERAL LOCAL GOVERNMENT.— 

15 The term ‘‘unit of general local government’’ has the 

16 meaning given such term in section 102(1) of the 

17 Housing and Community Development Act (42 

18 U.S.C. 5302(1)). 

19 (7) URBAN COUNTY.—The term ‘‘urban coun20 ty’’ has the meaning given such term in section 

21 102(6) of the Housing and Community Development 

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


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1 SEC. 4. ESTABLISHMENT OF FULL EMPLOYMENT NATIONAL 

2 TRUST FUND. 

3 (a) IN GENERAL.—The Secretary shall establish a 

4 Full Employment National Trust Fund (in this Act re5 ferred to as the ‘‘Trust Fund’’) for the purposes of— 

6 (1) providing funding for the Employment Op7 portunity Grants established in section 5; and 

8 (2) issuing funds to the Secretary to fund pro9 grams under the Workforce Innovation and Oppor10 tunity Act of 2014 (29 U.S.C. 3101 et seq.). 

11 (b) FINANCING THE TRUST FUND.—Subject to the 

12 availability of appropriations for this purpose, the Sec13 retary of the Treasury shall annually make available to 

14 the Secretary of Labor for deposit into the Trust Fund 

15 an amount equal to the amount collected for that year 

16 through the tax described in section 4475 of the Internal 

17 Revenue Code of 1986, as added by section 8. 

18 (c) LOANS FROM THE FEDERAL RESERVE SYS19 TEM.— 

20 (1) IN GENERAL.—If the amount available in 

21 the Trust Fund for allocation under section 5 is in22 sufficient to prevent the national unemployment rate 

23 from rising more than one full percentage point 

24 above its previously attained level, the Board of Gov25 ernors of the Federal Reserve System shall lend 

26 such additional amounts to the Trust Fund as are 


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1 necessary to allow the Secretary of Labor to make 

2 such additional allocations under section 5 as are 

3 necessary to restore the national unemployment rate 

4 to its allowable 1-percent range of upward variation. 

5 (2) REPAYMENT.—Amounts lent to the Trust 

6 Fund by the Board of Governors of the Federal Re7 serve System under paragraph (1) shall be repaid by 

8 the Trust Fund over 10 years, with interest payable 

9 at the same average rate the Federal Government 

10 contracts to pay on 10-year bonds sold during the 

11 period beginning 45 days prior to the date the loans 

12 were made to the Trust Fund and ending 45 days 

13 following such date. 

14 (d) SEPARATE TRUST FUND ACCOUNTS.—The Trust 

15 Fund shall consist of 2 separate accounts as follows: 

16 (1) One account shall consist of 67 percent of 

17 the funds made available for deposit under sub18 section (b) and shall be for the Employment Oppor19 tunity Grants established in section 5. 

20 (2) The other account shall consist of 33 per21 cent of the funds made available for deposit under 

22 subsection (b) and shall be available to the Secretary 

23 to fund programs under the Workforce Innovation 

24 and Opportunity Act of 2014 (29 U.S.C. 3101 et 

25 seq.). 


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1 (e) WEB SITE.—The Secretary shall establish an 

2 Internet Web site to serve as an information clearinghouse 

3 for job training and employment opportunities funded by 

4 the Trust Fund. 

5 (f) TRAINING STIPEND.—The Secretary shall pro6 mulgate regulations requiring entities that receive funds 

7 under programs under the Workforce Innovation and Op8 portunity Act of 2014 (29 U.S.C. 3101 et seq.) that are 

9 funded by the account described in subsection (d)(2) to 

10 establish training stipends for individuals who participate 

11 in such programs. 

12 (g) RESEARCH FACILITY.—The Secretary, through 

13 studies conducted by the Department of Labor or through 

14 independent studies, shall— 

15 (1) review the effectiveness of job training and 

16 job creation programs funded under this Act; 

17 (2) disseminate information concerning best 

18 practices for achieving the goals of the Act as well 

19 as common difficulties encountered in that endeavor; 

20 and 

21 (3) acquire a better understanding of the true 

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1 ceived and costs incurred by different levels of gov2 ernment. 

3 SEC. 5. EMPLOYMENT OPPORTUNITY GRANTS. 

4 (a) GRANTS.—Subject to the availability of funds in 

5 the Trust Fund, the Secretary shall make grants to eligi6 ble entities for the purpose of creating employment oppor7 tunities for unemployed and underemployed individuals in 

8 activities designed to address community needs and reduce 

9 disparities in health, housing, education, job readiness, 

10 and public infrastructure that have impeded these commu11 nities from realizing their full economic potential. 

12 (b) ELIGIBLE ENTITIES.—Entities eligible to receive 

13 grants under this section shall include States, Indian 

14 tribes, units of general local government, elementary and 

15 secondary educational institutions that derive their sup16 port entirely or primarily from public funds, educational 

17 institutions that participate in the Federal Work-Study 

18 Program, and not-for-profit organizations that qualify as 

19 tax-exempt under section 501(c)(3), (5), (8), (9), (19), or 

20 (26) of the Internal Revenue Code. 

21 (c) USE OF FUNDS.—A recipient of a grant under 

22 this section shall use the grant for the following purposes: 

23 (1) Construction, re-construction, rehabilitation, 

24 and site improvements of residences or public facili25 ties, including improvements in the energy efficiency 


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1 or environmental quality of such public facilities or 

2 residences. 

3 (2) Provision of human services, including child 

4 care, health care, support services for individuals 

5 and families with special needs, education, after6 school and vacation programs for children, and rec7 reational and cultural enrichment programs for per8 sons of all ages. 

9 (3) Programs that provide disadvantaged youth 

10 with opportunities for employment, education, lead11 ership development, entrepreneurial skills develop12 ment, and training. 

13 (4) The repair, remodeling and beautification of 

14 schools, community centers, libraries and other com15 munity-based public facilities, and the augmentation 

16 of staffing for the services they provide. 

17 (5) The restoration and revitalization of aban18 doned and vacant properties to alleviate blight in 

19 distressed and foreclosure-affected areas of a unit of 

20 general local government. 

21 (6) The expansion of emergency food programs 

22 to reduce hunger and promote family stability. 

23 (7) The augmentation of staffing in Head 

24 Start, child care, and other early childhood edu25 cation programs to promote school readiness, early 


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1 literacy, life-long learning, and family involvement in 

2 their children’s education. 

3 (8) The renovation and enhancement of mainte4 nance of parks, playgrounds, and other public 

5 spaces. 

6 (9) Supplemental labor for existing federally or 

7 State-funded infrastructure projects. 

8 (10) Supplemental labor for existing federally 

9 or State-funded projects aimed at expanding access 

10 to broadband or wireless Internet service. 

11 (11) The implementation of environmental ini12 tiatives designed to conserve natural resources, re13 mediate environmental damage, reverse climate 

14 change, and achieve environmental sustainability. 

15 (12) The enhancement of emergency prepared16 ness for natural and other community disasters and 

17 of post-emergency assistance for the victims of disas18 ters. 

19 (13) The expansion of work-study opportunities 

20 for secondary and post-secondary students, and the 

21 creation of ‘‘bridge employment’’ opportunities for 

22 recent graduates who have been unable to find work 

23 in the occupations for which they have trained. 


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1 (14) Other activities that address public needs 

2 and which can be implemented as quickly as the ac3 tivities described in paragraphs (1) through (11). 

4 (d) CONSULTATION REQUIRED.—Each grant recipi5 ent shall consult with community leaders, including labor 

6 organizations, nonprofit community-based organizations, 

7 local government officials, and local residents to— 

8 (1) assess the needs of the community served 

9 by the grant recipient; 

10 (2) determine sectors of the local economy that 

11 are in need of employees; 

12 (3) make recommendations for new employment 

13 opportunities in the areas described in subsection 

14 (c); and 

15 (4) assess the effectiveness of job placements 

16 made under this Act. 

17 (e) CONDITIONS.—As a condition of receiving a grant 

18 under this section, a grant recipient shall— 

19 (1) agree to comply with the nondiscrimination 

20 policy set forth under section 109 of the Housing 

21 and Community Development Act of 1974 (42 

22 U.S.C. 5309); 

23 (2) with respect to the funds allocated for each 

24 project funded under the grant— 


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1 (A) allocate not less than 80 percent for 

2 wages, benefits, and support services, including 

3 child care services, for individuals, supervisory 

4 and management personnel, employed on such 

5 project; and 

6 (B) allocate the remaining funds to defray 

7 the nonlabor costs of the project, including nec8 essary capital goods, supplies, materials, rental 

9 payments, transportation costs, and other simi10 lar expenses; 

11 (3) use revenue generated by a project funded 

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

13 for services provided by the project, reimbursements 

14 for expenses incurred in undertaking the project, or 

15 income from the sale of goods or services produced 

16 by the project) in excess of the costs of the project 

17 to— 

18 (A) supplement the project budget; or 

19 (B) support other projects funded by the 

20 grant in conformity with the purposes of this 

21 Act and subject to the same rules and require22 ments that apply to other such projects; 

23 (4) ensure that employment on any project 

24 funded under the grant is carried out in accordance 

25 with subsection (c); 


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1 (5) institute an outreach program with commu2 nity organizations and service providers in low-in3 come communities to provide information about 

4 placements funded under the grant to individuals 

5 suited to perform community infrastructure work; 

6 and 

7 (6) ensure that not less than 35 percent of indi8 viduals employed under the grant are individuals de9 scribed in paragraph (4)(B) of subsection (f). 

10 (f) EMPLOYMENT DESCRIBED.—Employment funded 

11 under this section shall meet the following specifications: 

12 (1) Any employer that employs an individual 

13 whose employment is funded under the grant shall— 

14 (A) continue to employ such individual for 

15 not less than 12 months, subject to the individ16 ual’s satisfactory performance of the reasonable 

17 requirements of the individual’s employment; 

18 (B) if such an individual desires full-time 

19 employment, employ such individual for not less 

20 than 35 hours per week and not more than 40 

21 hours, and if such an individual desires part22 time work, employ such individual for a mutu23 ally agreed number of hours per week that is 

24 less than 35 hours per week; 


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1 (C) comply with responsible contractor 

2 standards, as determined by the relevant official 

3 in the unit of local general government; 

4 (D) provide compensation to such indi5 vidual on a per hour basis equal to the com6 pensation provided to public sector employees 

7 who perform similar work in the community 

8 where such individual is employed or, if no pub9 lic sector employees perform such similar work, 

10 provide compensation to such individual that is 

11 comparable to the compensation provided to 

12 private-sector employees who perform similar 

13 work in the community where such individual is 

14 employed; 

15 (E) if such employment is in construction, 

16 provide compensation to any laborer or me17 chanic employed under the grant at rates not 

18 less than those prevailing on similar construc19 tion in the locality as determined by the Sec20 retary in accordance with subchapter IV of 

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

22 (F) offer assistance to such individual in 

23 applying for social benefits for which such indi24 vidual or the members of such individual’s fam25 ily may be eligible. 


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1 (2) No individual whose employment is funded 

2 under the grant may work for an employer at which 

3 a collective bargaining agreement is in effect cov4 ering the same or similar work, unless— 

5 (A) the consent of the union at such em6 ployer is obtained; and 

7 (B) negotiations have taken place between 

8 such union and the employer as to the terms 

9 and conditions of such employment. 

10 (3)(A) An employer may not employ an indi11 vidual for a position funded under this Act, if— 

12 (i) employing such individual will result in 

13 the layoff or partial displacement (such as a re14 duction in hours, wages, or employee benefits) 

15 of an existing employee of the employer; or 

16 (ii) such individual will perform the same 

17 or substantially similar work that had pre18 viously been performed by an employee of the 

19 employer who— 

20 (I) has been laid off or partially dis21 placed (as such term is described in sub22 clause (I)); and 

23 (II) has not been offered by the em24 ployer, to be restored to the position the 


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1 employee had immediately prior to being 

2 laid off or partially displaced. 

3 (B) For the purposes of this paragraph, a posi4 tion shall be considered to have been eliminated by 

5 an employer if the position has remained unfilled 

6 and the unit or organization has not sought to fill 

7 such position for at least a period of one month. 

8 (C) An individual may not be hired for a posi9 tion funded under this Act in a manner that in10 fringes upon the promotional opportunities of an ex11 isting employee (as of the date of such hiring) of an 

12 employer receiving funds under this Act. 

13 (4) An individual seeking employment in a job 

14 funded under this Act shall have their eligibility for 

15 such employment certified by the State employment 

16 service in the State where the job is located. To be 

17 certified as eligible for such employment, the indi18 vidual shall satisfy at least one of the following con19 ditions as of the date the individual is hired to fill 

20 a job funded under this Act: 

21 (A) The individual is receiving unemploy22 ment insurance benefits. 

23 (B) The individual is unemployed, is a 

24 member of a targeted group as defined by sec25 tion 51(d) of the Internal Revenue Code of 


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1 1986, and has been seeking employment, with 

2 the assistance of the State employment service, 

3 for not less than 30 days prior to the date on 

4 which the individual is so hired. 

5 (C) The individual is unemployed and has 

6 been seeking employment, with the assistance of 

7 the State employment service, for not less than 

8 60 days prior to the date the individual is so 

9 hired. 

10 (D) The individual has been employed 

11 part-time while seeking full-time employment 

12 with the assistance of the State employment 

13 service for not less than 13 weeks prior to the 

14 date the individual is so hired. 

15 (5) An individual employed in a job funded 

16 under this Act shall— 

17 (A) notwithstanding the individual’s em18 ployment in a job funded under this Act, be 

19 registered with the appropriate State employ20 ment service as available for and seeking work; 

21 (B) respond appropriately, as a person 

22 available for and seeking employment, to refer23 rals by the State employment service concerning 

24 available jobs; 


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1 (C) apply for suitable jobs for which the 

2 individual has been referred by the State em3 ployment service; and 

4 (D) accept a suitable job if such job is of5 fered to the individual. 

6 For purposes of subparagraphs (C) and (D), the 

7 term ‘‘suitable job’’ means a job that a newly unem8 ployed individual receiving unemployment insurance 

9 benefits would be required to accept in order to 

10 avoid forfeiting the individual’s eligibility for contin11 ued receipt of unemployment insurance benefits 

12 under the laws of the State in which the individual 

13 is employed in a job funded under this Act. An indi14 vidual employed under this Act shall be granted time 

15 off with pay to comply with subparagraph (C). An 

16 individual who fails to comply with the requirements 

17 set forth in subparagraphs (C) and (D) without good 

18 cause shall be subject to disqualification for employ19 ment in a job funded under this act for a period not 

20 to exceed 13 weeks, after which time the individual’s 

21 eligibility shall be restored provided they have satis22 fied the eligibility requirements set forth in para23 graph 4. Any such disqualification must be effected 

24 in accord with the laws, regulations and procedures 

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1 tinued receipt of Unemployment Insurance benefits 

2 in the State, except that no wages paid or owing to 

3 the individual for work already performed can be 

4 forfeited as a result of such proceeding. 

5 (6) An individual employed in a job funded 

6 under this Act who terminates that employment in 

7 order to accept other employment, and who subse8 quently is terminated from that other employment 

9 without fault on the individual’s part, shall be eligi10 ble for immediate reemployment in a job funded 

11 under this Act. 

12 (7) In hiring individuals for positions funded 

13 under this Act, or using funds under this Act to con14 tinue to provide employee compensation for existing 

15 employees, an employer shall comply with all appli16 cable Federal, State, and local laws, personnel poli17 cies and regulations, and collective bargaining agree18 ments, as if such individual was hired, or such em19 ployee compensation were provided, without assist20 ance under this Act. 

21 (8) An individual hired for a position funded 

22 under this Act shall— 

23 (A) be considered an employee of the em24 ployer, by which such individual was hired; and 


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1 (B) receive the same employee compensa2 tion, have the same rights and responsibilities 

3 and job classifications, and be subject to the 

4 same job standards, employer policies, and col5 lective bargaining agreements as if such indi6 vidual were hired without assistance under this 

7 Act. 

8 (g) AWARD OF GRANTS.— 

9 (1) SELECTION CRITERIA.—In selecting a 

10 project to receive funding for employing the individ11 uals described in subsection (f)(4), a grant recipient 

12 shall consider— 

13 (A) the input of all participants in a pro14 posed project, including labor organizations, 

15 community organizations, and employers; 

16 (B) the needs of the community intended 

17 to benefit from such project; 

18 (C) the long-term goals and short-term ob19 jectives to address such needs; and 

20 (D) any recommendations for programs 

21 and activities developed to meet such needs. 

22 (2) PRIORITY GIVEN TO CERTAIN PROJECTS.— 

23 A grant recipient under this section shall give pri24 ority to projects that— 


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1 (A) serve areas with the greatest level of 

2 economic need, determined for each such area 

3 by— 

4 (i) the unemployment rate; 

5 (ii) the rate of poverty; 

6 (iii) the number of census tracts with 

7 concentrated poverty; 

8 (iv) the lowest median income; 

9 (v) the percentage of vacant and 

10 abandoned properties; 

11 (vi) the percentage of home fore12 closures; and 

13 (vii) the indicators of poor resident 

14 health, including high rates of chronic dis15 ease, infant mortality, and life expectancy; 

16 (B) integrate education and job skills 

17 training, including basic skills instruction and 

18 secondary education services; 

19 (C) coordinate to the maximum extent fea20 sible with pre-apprenticeship and apprenticeship 

21 programs; and 

22 (D) provide jobs in sectors where job 

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1 able employment for individuals after employ2 ment funded under this Act ends. 

3 (h) ALLOCATION OF GRANTS.—The total amount of 

4 grant funding awarded under this section for a fiscal year 

5 shall not exceed 90 percent of the funds available in the 

6 account described in section 4(d)(1) for such year. The 

7 Secretary shall develop criteria for the allocation of these 

8 funds. These criteria shall ensure, to the extent reasonably 

9 possible, that— 

10 (1) the number of jobs created with those funds 

11 in each community will be proportionate to the level 

12 of unemployment, involuntary part-time employment, 

13 and non-labor-force participation by persons who 

14 want and are available to accept jobs in each com15 munity, and 

16 (2) the type of jobs created with those funds in 

17 each community will be designed to match the quali18 fications of unemployed and under-employed job19 seekers in those communities, taking into consider20 ation available training opportunities. 

21 If the total number of jobs created in a particular commu22 nity under this Act falls short of the number needed to 

23 provide jobs for substantially all job seekers, the Secretary 

24 of Labor shall have the authority to establish and admin25 ister its own job creation projects in the community. 


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1 (i) REPORTS.— 

2 (1) REPORTS BY GRANT RECIPIENTS.—Not 

3 later than 90 days after the last day of each fiscal 

4 year in which assistance under this section is fur5 nished, a recipient of a grant under this section shall 

6 submit to the Secretary a report containing the fol7 lowing: 

8 (A) A description of the progress made in 

9 accomplishing the objectives of this chapter. 

10 (B) A summary of the use of the grant 

11 during the preceding fiscal year. 

12 (C) For units of general local government, 

13 a listing of each entity receiving funds and the 

14 amount of such grants, as well as a brief sum15 mary of the projects funded for each such unit, 

16 the extent of financial participation by other 

17 public or private entities, and the impact on 

18 employment and economic activity of such 

19 projects during the previous fiscal year. 

20 (D) For States, a listing of each unit of 

21 general local government receiving funds and 

22 the amount of such grants, as well as a brief 

23 summary of the projects funded for each such 

24 unit, the extent of financial participation by 

25 other public or private entities, and the impact 


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1 on employment and economic activity of such 

2 projects during the previous fiscal year. 

3 (E) The amount of money received and ex4 pended during the fiscal year. 

5 (F) The number of individuals assisted 

6 under the grant whose household income is low7 income, very low-income, or extremely low-in8 come (as such terms are used for purposes of 

9 the Housing Act of 1937 and the regulations 

10 thereunder (42 U.S.C. 1437 et seq.)). 

11 (G) The amount expended on administra12 tive costs during the fiscal year. 

13 (2) REPORT TO CONGRESS.—At least once 

14 every 6 months, the Secretary shall submit to Con15 gress a report on the use of grants awarded under 

16 this section and any progress in job creation. 

17 (j) ESTABLISHMENT OF ARBITRATION PROCE18 DURE.— 

19 (1) IN GENERAL.—Each grant recipient under 

20 this section shall agree to the arbitration procedure 

21 described in this subsection to resolve disputes de22 scribed in subsections (k) and (l). 

23 (2) WRITTEN GRIEVANCES.— 

24 (A) IN GENERAL.—If an employee (or an 

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1 tration procedure described in this subsection, 

2 such party shall file a written grievance within 

3 the time period required under subsection (k) 

4 or (l), as applicable, simultaneously with the 

5 chief executive officer of a unit or State in6 volved in the dispute and the Secretary. 

7 (B) IN-PERSON MEETING.—Not later than 

8 10 days after the date of the filing of the griev9 ance, the chief executive officer (or the designee 

10 of the chief executive officer) shall have an in11 person meeting with the party to resolve the 

12 grievance. 

13 (3) ARBITRATION.— 

14 (A) SUBMISSION.—If the grievance is not 

15 resolved within the time period described in 

16 paragraph (2)(B), a party, by written notice to 

17 the other party involved, may submit such 

18 grievance to binding arbitration before a quali19 fied arbitrator who is jointly selected and inde20 pendent of the parties. 

21 (B) APPOINTMENT BY SECRETARY.—If the 

22 parties cannot agree on an arbitrator within 5 

23 days of submitting the grievance to binding ar24 bitration under subparagraph (A), one of the 

25 parties may submit a request to the Secretary 


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1 to appoint a qualified and independent arbi2 trator. The Secretary shall appoint a qualified 

3 and independent arbitrator within 15 days after 

4 receiving the request. 

5 (C) HEARING.—Unless the parties mutu6 ally agree otherwise, the arbitrator shall con7 duct a hearing on the grievance and issue a de8 cision not later than 30 days after the date 

9 such arbitrator is selected or appointed. 

10 (D) COSTS.— 

11 (i) IN GENERAL.—Except as provided 

12 in clause (ii), the cost of an arbitration 

13 proceeding shall be divided evenly between 

14 the parties to the arbitration. 

15 (ii) EXCEPTION.—If a grieving party 

16 prevails under an arbitration proceeding, 

17 the recipient of a grant under this section 

18 shall pay the cost of such proceeding, in19 cluding attorneys’ fees. 

20 (k) DISPUTES CONCERNING THE ALLOTMENT OF

21 FUNDS.—In a case where a unit of general local govern22 ment that is an entitlement community or a State has im23 properly requested funds for services or functions to be 

24 provided by a community-based organization that are cus25 tomarily provided by the unit or, in the case of a State, 


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1 by a unit located in the non-entitlement area of the State 

2 where services or functions will be provided by the organi3 zation, an employee or employee representative of the unit 

4 or State may file a grievance under subsection (j) not later 

5 than 15 days after public notice of an intent to submit 

6 an application under this section is published. Upon re7 ceiving a copy of the grievance, the Secretary shall with8 hold the funds subject to such grievance, unless and until 

9 the grievance is resolved under subsection (j), by the par10 ties or an arbitrator in favor of providing such funding. 

11 (l) ALL OTHER DISPUTES.— 

12 (1) IN GENERAL.—In the case of a dispute not 

13 covered under subsection (k) concerning compliance 

14 with the requirements of this section by a recipient 

15 of a grant under this section, an employee or em16 ployee representative of the unit or State may file a 

17 grievance under subsection (k) not later than 90 

18 days after the dispute arises. In such cases, an arbi19 trator may award such remedies as are necessary to 

20 make the grieving party whole, including the rein21 statement of a displaced employee or the payment of 

22 back wages, and may submit recommendations to 

23 the Secretary to ensure further compliance with the 

24 requirements of this title, including recommenda25 tions to suspend or terminate funding, or to require 


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1 the repayment of funds received under this title dur2 ing any period of noncompliance. 

3 (2) EXISTING GRIEVANCE PROCEDURES.—A 

4 party to a dispute described in paragraph (1) may 

5 use the existing grievance procedure of a recipient of 

6 a grant under this section, or the arbitration proce7 dure described in this subsection, to resolve such dis8 pute. 

9 (m) PARTY DEFINED.—For purposes of subsections 

10 (j), (k), and (l), the term ‘‘party’’ means the employee and 

11 the recipient of a grant under this section, involved in a 

12 dispute described in subsection (k) or (l). 

13 (n) WHISTLEBLOWER HOTLINE; ENFORCEMENT BY

14 THE SECRETARY.— 

15 (1) WHISTLEBLOWER HOTLINE.—The Sec16 retary shall post on a publicly accessible Internet 

17 Web site of the Department of Labor the contact in18 formation for reporting noncompliance with this title 

19 by a State, unit of general local government, com20 munity-based organization, or individual receiving 

21 funding under this title. 

22 (2) ENFORCEMENT BY THE SECRETARY.— 

23 (A) IN GENERAL.—If the Secretary re24 ceives a complaint alleging noncompliance with 

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1 tigation and after notice and an opportunity for 

2 a hearing, may order such remedies as the Sec3 retary determines appropriate, including— 

4 (i) withholding further funds under 

5 this title to a noncompliant entity; 

6 (ii) requiring the entity to make an 

7 injured party whole; or 

8 (iii) requiring the entity to repay to 

9 the Secretary any funds received under 

10 this title during any period of noncompli11 ance. 

12 (B) RECOMMENDATION BY AN ARBI13 TRATOR.—A remedy described in subparagraph 

14 (A) may also be ordered by the Secretary upon 

15 recommendation by an arbitrator appointed or 

16 selected under this section. 

17 SEC. 6. NATIONAL EMPLOYMENT CONFERENCE. 

18 (a) IN GENERAL.—Using funds described in section 

19 4(d)(2), the Secretary shall convene a national employ20 ment conference not later than 1 year after the date of 

21 enactment of this Act, and annually thereafter. 

22 (b) SUBJECT.—The subject of the conference shall be 

23 the role of this Act in addressing all aspects of the prob24 lems of unemployment, the sharing of best practices in adVerDate Sep 11 2014 22:10 Feb 17, 2017 Jkt 069200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H1000.IH H1000

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1 dressing those problems, and the discussion of problems 

2 in the administration of this Act. 

3 SEC. 7. INCLUSION OF MINORITY-SERVING, COMMUNITY4 BASED ORGANIZATIONS IN STATE AND 

5 LOCAL WORKFORCE DEVELOPMENT BOARDS. 

6 (a) STATE BOARDS.—Section 101(b)(1)(C) of the 

7 Workforce Innovation and Opportunity Act (29 U.S.C. 

8 3111(b)(1)(C)) is amended— 

9 (1) by striking ‘‘and’’ at the end of subclause 

10 (II); 

11 (2) by inserting ‘‘and’’ at the end of subclause 

12 (III); and 

13 (3) by adding at the end the following: 

14 ‘‘(IV) are not less than 25 per15 cent of the chief executive officers of 

16 minority-serving, community-based or17 ganizations;’’. 

18 (b) LOCAL BOARDS.—Section 107(b)(2)(C) of such 

19 Act (29 U.S.C. 3122(b)(2)(A)) is amended by adding at 

20 the end the following: 

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

22 percent of the chief executive officers of 

23 minority-serving, community-based organi24 zations;’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect as if enacted as part of the 

3 Workforce Innovation and Opportunity Act (29 U.S.C. 

4 3101 et seq.). 

5 SEC. 8. TAX ON SECURITIES TRANSACTIONS. 

6 (a) IN GENERAL.—Chapter 36 of the Internal Rev7 enue Code of 1986 is amended by inserting after sub8 chapter B the following new subchapter: 

9 ‘‘Subchapter C—Tax on Securities 

10 Transactions 

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

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

13 a tax on the transfer of ownership in each covered trans14 action with respect to any security. 

15 ‘‘(b) RATE OF TAX.—The tax imposed under sub16 section (a) with respect to any covered transaction shall 

17 be the applicable percentage of the specified base amount 

18 with respect to such covered transaction. The applicable 

19 percentage shall be— 

20 ‘‘(1) 0.2 percent in the case of a security de21 scribed in subparagraph (A) or (B) of subsection 

22 (e)(1), 

23 ‘‘(2) 0.06 percent in the case of a security de24 scribed in subparagraph (C) of subsection (e)(1), 


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1 ‘‘(3) 0.2 percent in the case of a security de2 scribed in subparagraph (D) of subsection (e)(1) if 

3 the underlying assets on which the rights and obliga4 tions created by the security are based consist of 

5 other securities described in subparagraph (A) or 

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

7 ‘‘(4) 0.2 percent in the case of a security de8 scribed in subparagraph (F) of subsection (e)(1) if 

9 the index on which the rights and obligations created 

10 by the security are based is an index referencing the 

11 values of securities described in subparagraph (A) or 

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

13 ‘‘(5) 0.06 percent in the case of any security 

14 described in subparagraph (D), (E), or (F) of sub15 section (e)(1) (other than a security described in 

16 paragraph (3) or (4)). 

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

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

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

20 fair market value of the security (determined as of 

21 the time of the covered transaction), and 

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

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

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

25 section, the term ‘covered transaction’ means— 


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

2 purchase if— 

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

4 a facility located in the United States, or 

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

6 States person, and 

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

8 described in subparagraph (D), (E), or (F) of sub9 section (e)(1), if— 

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

11 a facility located in the United States, or 

12 ‘‘(B) any party with rights under such se13 curity is a United States person. 

14 ‘‘(e) SECURITY AND OTHER DEFINITIONS.—For pur15 poses of this section— 

16 ‘‘(1) IN GENERAL.—The term ‘security’ 

17 means— 

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

19 ‘‘(B) any partnership or beneficial owner20 ship interest in a partnership or trust, 

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

22 evidence of indebtedness, other than a State or 

23 local bond the interest of which is excluded 

24 from gross income under section 103(a), 


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

2 derivative financial instrument with respect to, 

3 any security or securities described in subpara4 graph (A), (B), or (C), 

5 ‘‘(E) any derivative financial instrument 

6 with respect to any currency or commodity in7 cluding notional principal contracts, and 

8 ‘‘(F) any other derivative financial instru9 ment any payment with respect to which is cal10 culated by reference to any specified index. 

11 ‘‘(2) DERIVATIVE FINANCIAL INSTRUMENT.— 

12 The term ‘derivative financial instrument’ includes 

13 any option, forward contract, futures contract, no14 tional principal contract, or any similar financial in15 strument. 

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

17 index’ means any one or more of any combination 

18 of— 

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

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

21 which is based on any current objectively deter22 minable information which is not within the 

23 control of any of the parties to the contract or 

24 instrument and is not unique to any of the par25 ties’ circumstances. 


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1 ‘‘(4) TREATMENT OF EXCHANGES.— 

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

3 treated as the sale of the property transferred 

4 and a purchase of the property received by each 

5 party to the exchange. 

6 ‘‘(B) CERTAIN DEEMED EXCHANGES.—In 

7 the case of a distribution treated as an ex8 change for stock under section 302 or 331, the 

9 corporation making such distribution shall be 

10 treated as having purchased such stock for pur11 poses of this section. 

12 ‘‘(f) EXCEPTIONS.— 

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

14 shall be imposed under subsection (a) on any cov15 ered transaction with respect to the initial issuance 

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

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

18 ‘‘(2) EXCEPTION FOR CERTAIN TRADED SHORT19 TERM INDEBTEDNESS.—A note, bond, debenture, or 

20 other evidence of indebtedness which— 

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

22 in the United States, and 

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

24 than 60 days, shall not be treated as described 

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


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1 ‘‘(3) EXCEPTION FOR SECURITIES LENDING AR2 RANGEMENTS.—No tax shall be imposed under sub3 section (a) on any covered transaction with respect 

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

5 section 1058. 

6 ‘‘(4) EXCEPTION FOR INTERESTS IN MUTUAL

7 FUNDS.—No tax shall be imposed under subsection 

8 (a) with respect to the purchase or sale of any inter9 est in a regulated investment company (as defined in 

10 section 851). 

11 ‘‘(g) BY WHOM PAID.— 

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

13 section shall be paid by— 

14 ‘‘(A) in the case of a transaction which oc15 curs or is cleared on a facility located in the 

16 United States, such facility, and 

17 ‘‘(B) in the case of a purchase not de18 scribed in subparagraph (A) which is executed 

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

20 the broker. 

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

22 TRANSACTIONS.—In the case of any transaction to 

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

24 by this section shall be paid by— 


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

2 in subsection (d)(1)— 

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

4 a United States person, and 

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

6 a United States person, and 

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

8 in subsection (d)(2)— 

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

10 States person, and 

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

12 United States person. 

13 ‘‘(h) CERTAIN PAYMENTS TREATED AS SEPARATE

14 TRANSACTIONS.—Except as otherwise provided by the 

15 Secretary, any payment with respect to a security de16 scribed in subparagraph (D), (E), or (F) of subsection 

17 (e)(1) shall be treated as a separate transaction for pur18 poses of this section, including— 

19 ‘‘(1) any net initial payment, net final or termi20 nating payment, or net periodical payment with re21 spect to a notional principal contract (or similar fi22 nancial instrument), 

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

24 contract (or similar financial instrument), and 


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1 ‘‘(3) any premium paid with respect to any op2 tion (or similar financial instrument). 

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

4 out this section in consultation with the Securities and Ex5 change Commission and the Commodity Futures Trading 

6 Commission. 

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

8 shall— 

9 ‘‘(1) provide guidance regarding such informa10 tion reporting concerning covered transactions as the 

11 Secretary deems appropriate, including reporting by 

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

13 the purchaser, and 

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

15 or appropriate to prevent avoidance of the purposes 

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

17 States persons in such transactions. 

18 ‘‘(k) WHISTLEBLOWERS.—See section 7623 for pro19 visions relating to whistleblowers.’’. 

20 (b) PENALTY FOR FAILURE TO INCLUDE COVERED

21 TRANSACTION INFORMATION WITH RETURN.—Part I of 

22 subchapter B of chapter 68 of the Internal Revenue Code 

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

24 following new section: 


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1 ‘‘SEC. 6707B. PENALTY FOR FAILURE TO INCLUDE COV2 ERED TRANSACTION INFORMATION WITH RE3 TURN. 

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

5 fails to include on any return or statement any informa6 tion with respect to a covered transaction which is re7 quired pursuant to section 4475(j)(1) to be included with 

8 such return or statement shall pay a penalty in the 

9 amount determined under subsection (b). 

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

11 provided in this subsection, the amount of the penalty 

12 under subsection (a) with respect to any covered trans13 action shall be determined by the Secretary. 

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

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

16 given such term by section 4475(d). 

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

18 ‘‘(1) IN GENERAL.—The Commissioner of In19 ternal Revenue may rescind all or any portion of any 

20 penalty imposed by this section with respect to any 

21 violation if rescinding the penalty would promote 

22 compliance with the requirements of this title and 

23 effective tax administration. 

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

25 any other provision of law, any determination under 


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1 this subsection may not be reviewed in any judicial 

2 proceeding. 

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

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

5 file in the Office of the Commissioner the opinion of 

6 the Commissioner with respect to the determination, 

7 including— 

8 ‘‘(A) a statement of the facts and cir9 cumstances relating to the violation, 

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

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

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

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

14 other penalty imposed by this title.’’. 

15 (c) CLERICAL AMENDMENTS.— 

16 (1) The table of sections for part I of sub17 chapter B of chapter 68 of such Code is amended 

18 by inserting after the item relating to section 6707A 

19 the following new item: 

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

with return.’’. 

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

21 the Internal Revenue Code of 1986 is amended by 

22 inserting after the item relating to subchapter B the 

23 following new item: 

‘‘SUBCHAPTER C. TAX ON TRADING TRANSACTIONS’’. 


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

2 this section shall apply to transactions occurring more 

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

4 SEC. 9. SUSPENSION BASED ON FINDING OF INFLATION 

5 DURING PERIOD OF LOW UNEMPLOYMENT. 

6 (a) DETERMINATION ON INFLATION.—Whenever the 

7 conditions specified in subsection (k) are satisfied, the 

8 Secretary shall make a determination as to whether there 

9 is good cause to believe that— 

10 (1) job creation funded under this Act con11 stitutes a significant contributing factor to the ele12 vation of the rate of inflation above the level set 

13 forth in subsection (k); and 

14 (2) a reduction in the number of persons em15 ployed in jobs funded under this Act is necessary to 

16 restore the rate of inflation to a level below that set 

17 forth in subsection (k). 

18 (b) SUSPENSION OF HIRING.—If the Secretary deter19 mines that such good cause exists, the Secretary shall 

20 issue an interim order temporarily— 

21 (1) suspending new hiring of persons described 

22 in subsections (f)(4)(A) and (f)(4)(D) of section 5 

23 for jobs funded under this Act; and 

24 (2) freezing the hourly wage rates paid for jobs 

25 funded under this Act. 


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1 (c) PUBLICATION OF SUSPENSION ORDER.—At least 

2 7 days before the effective date of the interim order de3 scribed in subsection (b), the Secretary shall cause a copy 

4 of the order to be sent by email to all applicants for and 

5 recipients of Employment Opportunity Grants under sec6 tion 5 and published in the Federal Register along with 

7 a notice requesting public comment thereon. The comment 

8 period announced in this notice shall last for 30 days from 

9 the day the notice is published. The Secretary shall also 

10 announce the publication of the interim order and invite 

11 public comment thereon in a press conference called ex12 pressly for that purpose and to which representatives of 

13 the national news media have been invited. 

14 (d) NO REVIEW REQUIRED.—The Office of Manage15 ment and Budget shall not be required to review the order 

16 described in subsection (b) and no impact statement or 

17 analysis of the order’s effect shall be required under any 

18 other statute. 

19 (e) REVOCATION OR CONFIRMATION OF ORDER.— 

20 After the 30-day comment period described in subsection 

21 (c) has expired and the Secretary has considered the com22 ments received relating to the interim order for a period 

23 not to exceed 15 additional days, the Secretary shall— 

24 (1) either revoke the interim order or confirm 

25 it with or without changes; 


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1 (2) cause all applicants for and recipients of 

2 Employment Opportunity Grants under section 5 to 

3 be notified of such confirmation or revocation in the 

4 manner described in subsection (c)(1); and 

5 (3) publish a notice in the Federal Register an6 nouncing such confirmation or revocation along with 

7 a statement summarizing the views submitted by the 

8 public during the comment period and setting forth 

9 in reasonable detail the evidence, reasoning, and ar10 guments relied upon and rejected in deciding wheth11 er to revoke the interim order or confirm it with or 

12 without changes. 

13 (f) CONTINUANCE OF AUTHORITY.—If the interim 

14 order is confirmed, either with or without changes, the 

15 Secretary shall have the authority to transfer funds from 

16 the account described in subsection (d)(1) of section 4 to 

17 the account described in subsection (d)(2) of section 4 to 

18 the extent necessary to provide additional training oppor19 tunities for persons whose employment in jobs funded 

20 under this Act has been temporarily suspended. 

21 (g) WAIVER.—Any person who would be eligible for 

22 employment in a job funded under this Act but for the 

23 order described in subsections (b) and (e) shall be afforded 

24 the opportunity to apply for a waiver of the order’s appli25 cation to them on the grounds that it would cause them 


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1 or their family to suffer undue hardship. The Secretary 

2 shall establish procedures and rules insuring that such 

3 waiver applications are considered and decided in an expe4 ditious manner. 

5 (h) NO EARLY TERMINATION, SUSPENSION IN HIR6 ING, OR REDUCTION IN WAGES.—No person employed in 

7 a job funded under this Act shall have their employment 

8 prematurely terminated to achieve the purposes of this 

9 section. Hiring for jobs funded under this Act of persons 

10 described in subsections (f)(4)(B) and (f)(4)(C) of section 

11 5 may not be suspended to achieve the purposes of this 

12 section. The hourly wages paid for jobs funded under this 

13 Act may not be reduced to achieve the purposes of this 

14 section. 

15 (i) WAIVER OF APPLICABILITY.—The Secretary shall 

16 have the authority to waive the applicability of the order 

17 described in sections (b) and (e) to recipients of Employ18 ment Opportunity Grants to the extent necessary to pre19 vent layoffs by the grant recipient of persons already em20 ployed by them in jobs funded under this Act. 

21 (j) DURATION OF ORDER.—The order described in 

22 subsections (b) and (e) shall remain in effect only as long 

23 as the conditions specified in subsection (k) are satisfied. 


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1 (k) INFLATIONARY TRIGGER.—The Secretary’s au2 thority to act under this section shall arise only when both 

3 of the following conditions are jointly satisfied: 

4 (1) The seasonally adjusted unemployment rate 

5 for the civilian labor force of the United States, as 

6 reported by the United States Bureau of Labor Sta7 tistics in its most recent Employment Situation 

8 News Release, is less than 4.0 percent. 

9 (2) The seasonally adjusted consumer price 

10 index for all urban consumers in the United States, 

11 as reported by the United States Bureau of Labor 

12 Statistics in its most recent Consumer Price Index 

13 News Release, is more than 3 percent above its level 

14 during the same period one year earlier. 

Æ 


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