I 112th CONGRESS 2d Session H. R. 4277 IN THE HOUSE OF REPRESENTATIVES March 28, 2012 Mr. Conyers 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.

Short title

This Act shall be cited as the Humphrey-Hawkins 21st Century Full Employment and Training Act of 2012.

2.

Findings and Purpose

(a)

Findings

The Congress finds the following: (1)The Full Employment and Balanced Growth Act of 1978 established an interim 5-year target of 3 percent unemployment for individuals 20 years of age and older, and 4 percent for individuals age 16 and over within 5 years, with full employment to be achieved as soon as practicable thereafter. (2)The Federal Government has previously established full employment as a national goal in national legislation, including the Employment Act of 1946 and the Full Employment and Balanced Growth Act of 1978. (3)Pursuant to these Acts, the Congress declared it is the continuing policy and responsibility of the Federal Government to use all practicable means to create and maintain conditions which promote useful employment opportunities for all who seek them, including the self-employed. Pursuant to these Acts, the Congress declared and established as a national goal the fulfillment of the right to full opportunities for useful paid employment at fair rates of compensation of all individuals able, willing, and seeking to work. (4)The Nation has suffered substantial unemployment and underemployment, and idleness of productive resources over prolonged periods of time, imposing numerous economic and social costs on the Nation. (5)The Nation has been deprived of the full supply of goods and services, the full utilization of labor and capital resources, and the related increases in economic well-being that would occur under conditions of genuine full employment. (6)The current output of goods and services is insufficient to meet pressing national priorities for infrastructure, transportation, energy, education, health care, child and elder care, and many other necessary public and human services. (7)Unemployment and underemployment expose many workers and families to significant, social, psychological and physiological costs, including disruption of family life, the loss of individual dignity and self-respect, and the aggravation of physical and psychological illnesses. (8)Persisting unemployment and underemployment have devastating financial consequences, resulting in the loss of income and spending power for families, and interfering with their ability to save and accumulate assets for a secure family life and retirement. High levels of unemployment and inadequate consumer demand also contribute to poor conditions for retail businesses, manufacturers and many other firms to grow and prosper. In the real estate sector, the Congress finds that continuing high levels of unemployment contribute to foreclosures, evictions, and commercial vacancies, undermining the quality of neighborhood and community life, and hampering prospects for economic recovery and national prosperity. (9)The historic promise of this earlier legislation has not been fully realized, and we re-declare and reaffirm our support for achieving a national goal of jobs for all at living wages. (10)The United States has a duty under Articles 55 and 56 of the United Nations Charter to promote “full employment” and the “universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion”. The human rights the United States has a duty to promote pursuant to this obligation are set forth in the Universal Declaration of Human Rights. Article 23 of the Universal Declaration states that “Everyone has the right to work” and to “just and favorable remuneration” that insures for his or her family “an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection”. (11)The Congress has a strong interest in seeking the progressive reduction and elimination of job disparities among groups of workers who experience chronically higher rates of unemployment and underemployment. (12)Even at the top of the business cycle, when national unemployment rates drop to the 4 percent to 5 percent range, job vacancy surveys show that the economy does not provide enough jobs to employ everyone who wants to work. Reliance on direct job creation to close the economy’s job gap is especially important at such times, because it provides a means of creating additional jobs without adding significantly to inflationary pressures, a very difficult goal to achieve at the top of the business cycle via macroeconomic policy interventions. (13)The Congress intends to maximize the creation of private, public and nonprofit sector jobs through improved use of general economic and structural policies, including measures to encourage private sector investment and capital formation; an increased public investment in research and development, infrastructure, energy, education, public services and the environment, and other essential goods and services. (b)

Purpose

It is the purpose of the Humphrey Hawkins 21st Century Full Employment and Training Act to expedite progress to fulfill the right to useful work at living wages for all persons seeking employment, as promptly as possible and at the earliest practicable date by establishing a Full Employment Trust Fund to fund and operate a national program of public service employment and to provide additional labor market opportunities to complement those offered by the existing private, public, and nonprofit sectors.

3.

Definitions

In this Act the following definitions apply: (1)

Indian tribe

The term Indian tribe has the meaning given such term in section 102(17) of the Housing and Community Development Act (42 U.S.C. 5302(17)). (2)

Secretary

The term Secretary means the Secretary of Labor. (3)

Small business

The term small business has the meaning given the term small business concern under section 3 of the Small Business Act (15 U.S.C. 632). (4)

State

The term State has the meaning given such term in section 102(2) of the Housing and Community Development Act (42 U.S.C. 5302(2)). (5)

Trust fund

The term Trust Fund refers to the Full Employment Trust Fund established under section 4. (6)

Unit of general local government

The term unit of general local government has the meaning given such term in section 102(1) of the Housing and Community Development Act (42 U.S.C. 5302(1)). (7)

Urban county

The term urban county has the meaning given such term in section 102(6) of the Housing and Community Development Act (42 U.S.C. 5302(6)).

4.

Establishment Of Full Employment National Trust Fund

(a)

In general

The Secretary shall establish a Full Employment National Trust Fund (in this Act referred to as the Trust Fund) for the purposes of— (1)providing funding for the Employment Opportunity Grants established in section 5; and (2)issuing funds to the Secretary to fund programs under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.). (b)

Financing the Trust Fund

Subject to the availability of appropriations for this purpose, the Secretary of the Treasury shall annually make available to the Secretary of Labor for deposit into the Trust Fund an amount equal to the amount collected for that year through the tax described in section 4475 of the Internal Revenue Code of 1986, as added by section 8. (c)

Loans from the Federal Reserve System

(1)

In general

If the amount available in the Trust Fund for allocation under section 5 is insufficient to prevent the national unemployment rate from rising more than one full percentage during a fiscal year in which the national unemployment rate is increasing, the Board of Governors of the Federal Reserve System shall lend such additional amounts to the Trust Fund as are necessary to allow the Secretary of Labor to make such additional allocations under section 5 as are necessary to restore the national unemployment rate to its allowable 1 percent range of upward variation. (2)

Repayment

Amounts lent to the Trust Fund by the Board of Governors of the Federal Reserve System under paragraph (1) shall be repaid by the Trust Fund over 10 years, with interest payable at the same average rate the Federal Government contracts to pay on 10-year bonds sold during the period beginning 45 days prior to the date the loans were made to the Trust Fund and ending 45 days following such date. (d)

Separate Trust Fund Accounts

The Trust Fund shall consist of 2 separate accounts as follows: (1)One account shall consist of 67 percent of the funds made available for deposit under subsection (b) and shall be for the Employment Opportunity Grants established in section 5. (2)The other account shall consist of 33 percent of the funds made available for deposit under subsection (b) and shall be available to the Secretary to fund programs under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.). (e)

Web Site

The Secretary shall establish an Internet Web site to serve as an information clearinghouse for job training and employment opportunities funded by the Trust Fund. (f)

Training stipend

The Secretary shall promulgate regulations to encourage entities that receive funds under programs under the Workforce Investment Act of 1998 (20 U.S.C. 2801 et seq.) that are funded by the account described in subsection (c)(2) to, whenever possible, establish a training stipend for individuals who participate in such programs.

5.

Employment opportunity grants to States, local governments, and Indian tribes

(a)

Employment grants contingent on level of unemployment

(1)

First year

Subject to the availability of funds in the Trust Fund for activities under this section, if, at the beginning of a month in the first fiscal year for which funds are available in the Trust Fund for activities under this section, the United States has unemployment according to the most recent monthly publications of the Bureau of Labor Statistics of the Department of Labor, the Secretary shall make grants for such month to States, unit of general local governments, or Indian tribes to carry out activities in accordance with this section. The total amount awarded under this paragraph for such fiscal year shall not exceed 90 percent of the funds available in the Trust Fund for such fiscal year. (2)

Succeeding years

Subject to the availability of funds in the Trust Fund for activities under this section, if, at the beginning of a fiscal year subsequent to the fiscal year described in paragraph (1), the United States has unemployment according to the most recent monthly publications of the Bureau of Labor Statistics of the Department of Labor, the Secretary shall make grants for such fiscal year to States, units of general local government, Indian tribes, or community-based organizations to carry out activities in accordance with this section. The total amount awarded under this paragraph for a fiscal year shall not exceed 90 percent of the funds available in the Trust Fund for such fiscal year. (b)

Purpose

Grants made under this section shall be for creating employment opportunities for unemployed and underemployed individuals in activities designed to address community needs and reduce disparities in health, housing, education, job readiness, and public infrastructure that have impeded these communities from realizing their full economic potential. (c)

Use of funds

A recipient of a grant under this section shall use the grant for the following purposes: (1)Construction, re-construction, rehabilitation, and site improvements of residences or public facilities, including improvements in the energy efficiency or environmental quality of such public facilities or residences. (2)Provision of human services, including child care services, health care services, education, or recreational programs. (3)The remediation and demolition of vacant and abandoned properties to eliminate blight. (4)Programs that provide disadvantaged youth with opportunities for employment, education, leadership development, entrepreneurial skills development, and training. (5)The painting and repair of schools, community centers, and libraries. (6)The restoration and revitalization of abandoned and vacant properties to alleviate blight in distressed and foreclosure-affected areas of a unit of general local government. (7)The expansion of emergency food programs to reduce hunger and promote family stability. (8)The augmentation of staffing in Head Start, child care, and other early childhood education programs to promote school readiness and early literacy. (9)The renovation and enhancement of maintenance of parks, playgrounds, and other public spaces. (10)Supplemental labor for existing federally or State-funded infrastructure projects. (11)Supplemental labor for existing federally or State-funded projects aimed at expanding access to broadband or wireless Internet service. (12)Other activities that address public needs and which can be implemented as quickly as the activities described in paragraphs (1) through (11). (d)

Consultation required

Each grant recipient shall consult with community leaders, including labor organizations, nonprofit community-based organizations, local government officials, and local residents to— (1)assess the needs of the community served by the grant recipient; (2)determine sectors of the local economy that are in need of employees; (3)make recommendations for new employment opportunities in the areas described in subsection (c); and (4)assess the effectiveness of job placements made under this Act. (e)

Conditions

As a condition of receiving a grant under this section, a grant recipient shall— (1)agree to comply with the nondiscrimination policy set forth under section 109 of the Housing and Community Development Act of 1974 (42 U.S.C. 5309); (2)with respect to the funds allocated for each project funded under the grant— (A)allocate not less than 80 percent for wages, benefits, and support services, including child care services, for individuals, including supervisory and management personnel, employed on such project; and (B)allocate the remaining funds to defray the nonlabor costs of the project, including necessary capital goods, supplies, materials, rental payments, transportation costs, and other similar expenses; (3)use revenue generated by a project funded under the grant (whether in the form of fees paid for services provided by the project, reimbursements for expenses incurred in undertaking the project, or income from the sale of goods or services produced by the project) in excess of the costs of the project to— (A)supplement the project budget; or (B)support other projects funded by the grant in conformity with the purposes of this Act and subject to the same rules and requirements that apply to other such projects; (4)ensure that employment on any project funded under the grant is carried out in accordance with subsection (c); (5)institute an outreach program with community organizations and service providers in low-income communities to provide information about placements funded under the grant to individuals suited to perform community infrastructure work; and (6)ensure that not less than 35 percent of individuals employed under the grant are individuals described in paragraph (4)(B) of subsection (f). (f)

Employment described

Employment funded under this section shall meet the following specifications: (1)Any employer that employs an individual whose employment is funded under the grant shall— (A)continue to employ such individual for not less than 12 months, subject to the individual’s satisfactory performance of the reasonable requirements of the individual’s employment; (B)if such an individual desires full-time employment, employ such individual for not less than 35 hours per week and not more than 40 hours, and if such an individual desires part-time work, employ such individual for a mutually agreed number of hours per week that is less than 35 hours per week; (C)comply with responsible contractor standards, as determined by the relevant official in the unit of local general government; (D)provide compensation to such individual on a per hour basis equal to the compensation provided to public sector employees who perform similar work in the community where such individual is employed or, if no public sector employees perform such similar work, provide compensation to such individual that is comparable to the compensation provided to private-sector employees who perform similar work in the community where such individual is employed; (E)if such employment is in construction, provide compensation to any laborer or mechanic employed under the grant at rates not less than those prevailing on similar construction in the locality as determined by the Secretary in accordance with subchapter IV of chapter 31 of title 40, United States Code; and (F)offer assistance to such individual in applying for social benefits for which such individual or the members of such individual’s family may be eligible. (2)No individual whose employment is funded under the grant may work for an employer at which a collective bargaining agreement is in effect covering the same or similar work, unless— (A)the consent of the union at such employer is obtained; and (B)negotiations have taken place between such union and the employer as to the terms and conditions of such employment. (3)(A)(i)An employer may not employ an individual for a position funded under this Act, if— (I)employing such individual will result in the layoff or partial displacement (such as a reduction in hours, wages, or employee benefits) of an existing employee of the employer; or (II)such individual will perform the same or substantially similar work that had previously been performed by an employee of the employer— (aa)has been laid off or partially displaced (as such term is described in subclause (I)); and (bb)has not been offered by the employer, to be restored to the position the employee had immediately prior to being laid off or partially displaced. (ii)For the purposes of this paragraph, a position shall be considered to have been eliminated by an employer if the position has remained unfilled and the unit or organization has not sought to fill such position for at least a period of one month. (iii)An individual may not be hired for a position funded under this Act in a manner that infringes upon the promotional opportunities of an existing employee (as of the date of such hiring) of an employer receiving funds under this Act. (B)A community-based organization receiving funds under this Act may not use such funds to provide services or functions that are customarily provided by a unit of general local government where such services or functions are provided by the organization. (4)An individual hired to fill a job funded under this Act shall register with and be certified by the appropriate State employment service as eligible for such employment and shall satisfy at least one of the following conditions as of the date the individual is so hired: (A)The individual is receiving unemployment insurance benefits. (B)The individual is unemployed, a member of a targeted group as defined by section 51(d) of the Internal Revenue Code of 1986, and has been seeking employment, with the assistance of the State employment service, for not less than 30 days prior to the date on which the individual is so hired. (C)The individual is unemployed and seeking employment, with the assistance of the State employment service, for not less than 60 days prior to the date the individual is so hired. (D)The individual has been employed part-time while seeking full-time employment with the assistance of the State employment service for not less than 13 weeks prior to the date the individual is so hired. (5)An individual employed in a job funded under this Act shall— (A)notwithstanding the individual’s employment in a job funded under this Act, be registered with the appropriate State employment service as available for and seeking work; (B)respond appropriately, as a person available for and seeking employment, to referrals by the State employment service concerning available jobs; (C)apply for suitable jobs for which the individual has been referred by the State employment service; and (D)accept a suitable job if such job is offered to the individual. For purposes of subparagraphs (C) and (D), the term suitable job means a job that a newly unemployed individual receiving unemployment insurance benefits would be required to accept in order to avoid forfeiting the individual’s eligibility for continued receipt of unemployment insurance benefits under the laws of the State in which the individual is employed in a job funded under this Act.(6)An individual employed in a job funded under this Act who terminates that employment in order to accept other employment, and who subsequently is terminated from that other employment without fault on the individual’s part, shall be eligible for immediate reemployment in a job funded under this Act. (7)In hiring individuals for positions funded under this Act, or using funds under this Act to continue to provide employee compensation for existing employees, an employer shall comply with all applicable Federal, State, and local laws, personnel policies and regulations, and collective bargaining agreements, as if such individual was hired, or such employee compensation were provided, without assistance under this Act. (8)An individual hired for a position funded under this Act shall— (A)be considered an employee of the employer, by which such individual was hired; and (B)receive the same employee compensation, have the same rights and responsibilities and job classifications, and be subject to the same job standards, employer policies, and collective bargaining agreements as if such individual were hired without assistance under this Act. (g)

Award of Grants

(1)

Selection criteria

In selecting a project to receive funding for employing the individuals described in subsection (f)(4), a grant recipient shall consider— (A)the input of all participants in a proposed project, including labor organizations, community organizations, and employers; (B)the needs of the community intended to benefit from such project; (C)the long-term goals and short-term objectives to address such needs; and (D)any recommendations for programs and activities developed to meet such needs. (2)

Priority given to certain projects

A grant recipient under this section shall give priority to projects that— (A)serve areas with the greatest level of economic need, determined for each such area by— (i)the unemployment rate; (ii)the rate of poverty; (iii)the number of census tracts with concentrated poverty; (iv)the lowest median income; (v)the percentage of vacant and abandoned properties; (vi)the percentage of home foreclosures; and (vii)the indicators of poor resident health, including high rates of chronic disease, infant mortality, and life expectancy; (B)integrate education and job skills training, including basic skills instruction and secondary education services; (C)coordinate to the maximum extent feasible with pre-apprenticeship and apprenticeship programs; and (D)provide jobs in sectors where job growth is most likely, as determined by the Secretary, and in which career advancement opportunities exist to maximize long-term, sustainable employment for individuals after employment funded under this Act ends. (h)

Allocation of Grants

(1)

Grants for Indian tribes and deposits into discretionary fund

Not more than 5 percent of the funds available in the Trust Fund for activities under this section for any fiscal year shall be reserved for grants to Indian tribes and for deposit into a discretionary fund established by the Secretary for national demonstration projects and multi-jurisdictional projects. (2)

Grants to states

Not more than 30 percent of the funds available in the Trust Fund for activities under this section for any fiscal year shall be allocated to States to distribute to units of general local government that do not qualify for funds under paragraph (3). (3)

Grants to units of general local government

Grant funds that are not reserved under paragraphs (1) and (2) shall be allocated to metropolitan cities and urban counties using the formula under section 106(b) of the Housing and Community Development Act of 1974 (42 U.S.C. 5306(b)). (i)

Reports

(1)

Reports by grant recipients

Not later than 90 days after the last day of each fiscal year in which assistance under this section is furnished, a recipient of a grant under this section shall submit to the Secretary a report containing the following: (A)A description of the progress made in accomplishing the objectives of this chapter. (B)A summary of the use of the grant during the preceding fiscal year. (C)For units of general local government, a listing of each entity receiving funds and the amount of such grants, as well as a brief summary of the projects funded for each such unit, the extent of financial participation by other public or private entities, and the impact on employment and economic activity of such projects during the previous fiscal year. (D)For States, a listing of each unit of general local government receiving funds and the amount of such grants, as well as a brief summary of the projects funded for each such unit, the extent of financial participation by other public or private entities, and the impact on employment and economic activity of such projects during the previous fiscal year. (E)The amount of money received and expended during the fiscal year. (F)The number of individuals assisted under the grant whose household income is low-income, very low-income, or extremely low-income (as such terms are used for purposes of the Housing Act of 1937 and the regulations thereunder (42 U.S.C. 1437 et seq.)). (G)The amount expended on administrative costs during the fiscal year. (2)

Report to Congress

At least once every 6 months, the Secretary shall submit to Congress a report on the use of grants awarded under this section and any progress in job creation. (j)

Establishment of arbitration procedure

(1)

In general

Each grant recipient under this section shall agree to the arbitration procedure described in this subsection to resolve disputes described in subsections (k) and (l). (2)

Written grievances

(A)

In general

If an employee (or an employee representative) wishes to use the arbitration procedure described in this subsection, such party shall file a written grievance within the time period required under subsection (k) or (l), as applicable, simultaneously with the chief executive officer of a unit or State involved in the dispute and the Secretary. (B)

In-person meeting

Not later than 10 days after the date of the filing of the grievance, the chief executive officer (or the designee of the chief executive officer) shall have an in-person meeting with the party to resolve the grievance. (3)

Arbitration

(A)

Submission

If the grievance is not resolved within the time period described in paragraph (2)(B), a party, by written notice to the other party involved, may submit such grievance to binding arbitration before a qualified arbitrator who is jointly selected and independent of the parties. (B)

Appointment by Secretary

If the parties cannot agree on an arbitrator within 5 days of submitting the grievance to binding arbitration under subparagraph (A), one of the parties may submit a request to the Secretary to appoint a qualified and independent arbitrator. The Secretary shall appoint a qualified and independent arbitrator within 15 days after receiving the request. (C)

Hearing

Unless the parties mutually agree otherwise, the arbitrator shall conduct a hearing on the grievance and issue a decision not later than 30 days after the date such arbitrator is selected or appointed. (D)

Costs

(i)

In general

Except as provided in clause (ii), the cost of an arbitration proceeding shall be divided evenly between the parties to the arbitration. (ii)

Exception

If a grievant prevails under an arbitration proceeding, the recipient of a grant under this section shall pay the cost of such proceeding, including attorneys’ fees. (k)

Disputes concerning the allotment of funds

In a case where a unit of general local government that is an entitlement community or a State has improperly requested funds for services or functions to be provided by a community-based organization that are customarily provided by the unit or, in the case of a State, by a unit located in the nonentitlement area of the State where services or functions will be provided by the organization, an employee or employee representative of the unit or State may file a grievance under subsection (j) not later than 15 days after public notice of an intent to submit an application under this section is published. Upon receiving a copy of the grievance, the Secretary shall withhold the funds subject to such grievance, unless and until the grievance is resolved under subsection (j), by the parties or an arbitrator in favor of providing such funding. (l)

All other disputes

(1)

In general

In the case of a dispute not covered under subsection (k) concerning compliance with the requirements of this section by a recipient of a grant under this section, an employee or employee representative of the unit or State may file a grievance under subsection (k) not later than 90 days after the dispute arises. In such cases, an arbitrator may award such remedies as are necessary to make the grievant whole, including the reinstatement of a displaced employee or the payment of back wages, and may submit recommendations to the Secretary to ensure further compliance with the requirements of this title, including recommendations to suspend or terminate funding, or to require the repayment of funds received under this title during any period of noncompliance. (2)

Existing grievance procedures

A party to a dispute described in paragraph (1) may use the existing grievance procedure of a recipient of a grant under this section, or the arbitration procedure described in this subsection, to resolve such dispute. (m)

Party defined

For purposes of subsections (j), (k), and (l), the term party means the employee and the recipient of a grant under this section, involved in a dispute described in subsection (k) or (l). (n)

Whistleblower Hotline; Enforcement by the Secretary

(1)

Whistleblower hotline

The Secretary shall post on a publicly accessible Internet Web site of the Department of Labor the contact information for reporting noncompliance with this title by a State, unit of general local government, community-based organization, or individual receiving funding under this title. (2)

Enforcement by the Secretary

(A)

In general

If the Secretary receives a complaint alleging noncompliance with this title, the Secretary may conduct an investigation and after notice and an opportunity for a hearing, may order such remedies as the Secretary determines appropriate, including— (i)withholding further funds under this title to a noncompliant entity; (ii)requiring the entity to make an injured party whole; or (iii)requiring the entity to repay to the Secretary any funds received under this title during any period of noncompliance. (B)

Recommendation by an arbitrator

A remedy described in subparagraph (A) may also be ordered by the Secretary upon recommendation by an arbitrator appointed or selected under this section.

6.

National Employment Conference

(a)

In general

The Secretary shall convene a national employment conference not later than 1 year after the date of enactment of this Act, to bring together leaders of small, medium, and large businesses, labor, government, and all other interested parties. (b)

Subject

The subject of the conference shall be employment, with particular attention to structural unemployment and the plight of disadvantaged youth. The conference shall also focus on issues such as adequate and effective incentives for employers to hire the long-term unemployed.

7.

Inclusion of minority-serving, community-based organizations in WIA State and local workforce investment Boards

(a)

State Boards

Section 111(b)(1)(C)(v) of the Workforce Investment Act of 1998 (29 U.S.C. 2821(b)(1)(C)(v)) is amended by inserting before the semicolon (including not less than 25 percent of the chief executive officers of minority-serving, community-based organizations). (b)

Local Boards

Section 117(b)(2)(A)(iv) of such Act (29 U.S.C. 2832(b)(2)(A)(iv)) is amended by inserting , and not less than 25 percent of the chief executive officers of minority-serving, community-based organizations after present.

8.

Tax on securities transactions

(a)

In general

Chapter 36 of the Internal Revenue Code of 1986 is amended by inserting after subchapter B the following new subchapter: C

Tax on Securities Transactions

Sec. 4475. Tax on securities transactions.

4475.

Tax on securities transactions

(a)

Imposition of tax

(1)

Stocks

There is hereby imposed a tax on each covered transaction in a stock contract of 0.25 percent of the value of the instruments involved in such transaction. (2)

Futures

There is hereby imposed a tax on each covered transaction in a futures contract of 0.02 percent of the value of the instruments involved in such transaction. (3)

Swaps

There is hereby imposed a tax on each covered transaction in a swaps contract of 0.02 percent of the value of the instruments involved in such transaction. (4)

Credit default swaps

There is hereby imposed a tax on each covered transaction in a credit default swaps contract of 0.02 percent of the value of the instruments involved in such transaction. (5)

Options

There is hereby imposed a tax on each covered transaction in an options contract with respect to a transaction described in paragraph (1), (2), (3), or (4) of— (A)the rate imposed with respect to such underlying transaction under paragraph (1), (2), (3), or (4) (as the case may be), multiplied by (B)the premium paid on such option. (b)

Exception for retirement accounts, etc

No tax shall be imposed under subsection (a) with respect to any stock contract, futures contract, swaps contract, credit default swap, or options contract which is held in any plan, account, or arrangement described in section 220, 223, 401(a), 403(a), 403(b), 408, 408A, 529, or 530. (c)

Exception for interests in mutual funds

No tax shall be imposed under subsection (a) with respect to the purchase or sale of any interest in a regulated investment company (as defined in section 851) or of any derivative of such an interest. (d)

By whom paid

(1)

In general

The tax imposed by this section shall be paid by— (A)in the case of a transaction which occurs on a trading facility located in the United States, such trading facility, or (B)in any other case, the purchaser with respect to the transaction. (2)

Withholding if buyer is not a United States person

See section 1447 for withholding by seller if buyer is a foreign person. (e)

Covered transaction

The term covered transaction means any purchase or sale if— (1)such purchase or sale occurs on a trading facility located in the United States, or (2)the purchaser or seller is a United States person. (f)

Administration

The Secretary shall carry out this section in consultation with the Securities and Exchange Commission and the Commodity Futures Trading Commission.

. (b)

Withholding

Subchapter A of chapter 3 of such Code is amended by adding at the end the following new section:

1447.

Withholding on securities transactions

(a)

In general

In the case of any outbound securities transaction, the transferor shall deduct and withhold a tax equal to the tax imposed under section 4475 with respect to such transaction. (b)

Outbound securities transaction

For purposes of this section, the term outbound securities transaction means any covered transaction to which section 4475(a) applies if— (1)such transaction does not occur on a trading facility located in the United States, and (2)the purchaser with respect to such transaction is not a United States person.

. (c)

Clerical amendments

(1)The table of subchapters for chapter 36 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to subchapter B the following new item: Subchapter C. Tax on Securities Transactions . (2)The table of sections for subchapter A of chapter 3 of such Code is amended by adding at the end the following new item: Sec. 1447. Withholding on securities transactions. . (d)

Effective date

The amendments made by this section shall apply to transactions occurring more than 180 days after the date of the enactment of this Act.