[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2651 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 2651

   To require the Secretary of Labor to establish a pilot program to 
               provide grants for job guarantee programs.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2023

 Mr. Booker (for himself, Mr. Merkley, and Ms. Warren) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
   To require the Secretary of Labor to establish a pilot program to 
               provide grants for job guarantee programs.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Jobs Guarantee Development 
Act of 2023''.

SEC. 2. JOB GUARANTEE PILOT PROGRAM.

    (a) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means an 
        entity that--
                    (A) is a political subdivision of a State, Tribal 
                entity, or a combination of contiguous political 
                subdivisions or Tribal entities;
                    (B) has an unemployment rate that is not less than 
                150 percent of the national unemployment rate, as 
                determined by the Bureau of Labor Statistics (except in 
                the case of Tribal entities which may submit their own 
                employment data where no such Federal data is available 
                for such entities) based on the most recent data 
                available at the time the Secretary solicits 
                applications for grants under this section; and
                    (C) submits an application in accordance with 
                subsection (d).
            (2) Job guarantee program.--The term ``job guarantee 
        program'' means a program that meets the requirements of 
        subsection (c).
            (3) Rural area.--The term ``rural area'' means an area that 
        is located outside of an urban area.
            (4) Tribal entity.--The term ``Tribal entity'' means an 
        Indian tribe or tribal organization as such terms are defined 
        in section 4 of the Indian Self-Determination Act (25 U.S.C. 
        5304).
            (5) Urban area.--The term ``urban area'' means an urbanized 
        area (a region of 50,000 or more residents) and an urbanized 
        cluster (and area encompassing between 2,500 and 50,000 
        residents), according to the Census Bureau's urban-rural 
        classification in the 2010 census.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (7) WIOA definitions.--The terms ``adult education and 
        literacy activities'', ``career planning'', ``individual with a 
        barrier to employment'', ``in-demand industry sector or 
        occupation'', ``local board'', ``recognized postsecondary 
        credential'', ``State board'', ``supportive services'', and 
        ``workplace learning advisor'' have the meanings given such 
        terms in section 3 of the Workforce Innovation and Opportunity 
        Act (29 U.S.C. 3102).
    (b) Establishment.--
            (1) In general.--The Secretary shall establish a pilot 
        program to provide competitive grants to eligible entities to 
        establish programs to ensure that any individual within the 
        area served by the entity who applies for a job through the 
        program will be provided with employment as provided for in 
        this section.
            (2) Termination.--Federal funding for a job guarantee 
        program established under a grant under this section shall 
        terminate on the earlier of--
                    (A) the end of the 3-year period beginning on the 
                date of the grant; or
                    (B) the date of any revocation of the grantee as an 
                eligible entity.
    (c) Job Guarantee Programs.--A job guarantee program meets the 
requirements of this subsection if the jobs provided under such 
program--
            (1) are available to all individuals who--
                    (A) are 18 years of age or older; and
                    (B) reside in the area served under the program at 
                the time the area became an eligible entity;
        except that participants in the program may be disciplined, 
        released, or suspended from further participation in jobs under 
        this program if they are found to be negligent, or generally 
        disruptive to the workplace involved under procedures 
        established by the Secretary that provide for an opportunity 
        for a review of such determinations;
            (2) are, with respect to individual participants, included 
        as part of an established bargaining unit and covered by any 
        applicable collective bargaining agreement in effect if 
        similarly situated employees are part of such unit and 
        represented by an exclusive bargaining representative;
            (3) are available for the duration of the pilot program;
            (4) provide a wage of not less than the greater of--
                    (A) the hourly wage provided for under the 
                provisions of S. 2488 (118th Congress), if enacted, or 
                the hourly wage otherwise required to be paid to 
                employees in area to be served under the pilot program, 
                whichever is greater;
                    (B) the prevailing wage in the area involved for a 
                similar job as required by chapter 67 of title 41, 
                United States Code, and other related laws; or
                    (C) the applicable wage under an applicable 
                collective bargaining agreement as provided for under 
                paragraph (2);
            (5) provide for coverage of the worker under a health 
        insurance program that is comparable to that offered to Federal 
        employees under the Federal Employee Health Benefits Program; 
        and
            (6) provide at a minimum--
                    (A) paid family leave consistent with the 
                provisions of S. 1714 (118th Congress) and applicable 
                State law; and
                    (B) paid sick leave consistent with the provision 
                of S. 1664 (118th Congress) and applicable State law.
    (d) Other Uses.--Funds may be used to provide workers in a job 
guarantee program with--
            (1) supportive services, which can include transportation, 
        child care, dependent care, housing, and needs-related 
        payments, that are necessary to enable an individual to 
        participate in activities authorized under this Act;
            (2) access to a workplace learning advisor to support the 
        education, skill development, job training, career panning, and 
        credentials required to progress toward career goals of such 
        employees in order to meet employer requirements related to job 
        openings and career advancements that support economic self-
        sufficiency;
            (3) adult education and literacy activities, including 
        those provided by public libraries;
            (4) activities that assist justice involved individuals, 
        formerly incarcerated individuals, and individuals with 
        criminal records in reentering the workforce; and
            (5) financial literacy activities including those described 
        in section 129(b)(2)(D) of the Workforce Innovation and 
        Opportunity Act.
    (e) Applications.--An eligible entity seeking a grant under this 
section shall submit an application to the Secretary at such time, in 
such manner, and containing such information as the Secretary may 
require. Such application shall include--
            (1) a description of the geographic area and population 
        that the entity intends to serve under the job guarantee 
        program established under the grant, including the area 
        unemployment rate, underemployment rate, unemployment rate for 
        individuals with disabilities, poverty rate, housing vacancy 
        rate, crime rate, household income, home-ownership rate, labor 
        force participation rate, and educational attainment;
            (2) to extent practicable, a description of the jobs that 
        will be offered under the job guarantee program, including--
                    (A) a description of supports provided to 
                individuals with disabilities and accommodations 
                required under the Americans with Disabilities Act of 
                1990 (42 U.S.C. 12101 et seq.); and
                    (B) a description of supports and procedures to 
                ensure job access and opportunities for individuals 
                with criminal records, including information on 
                physical and programmatic accessibility, in accordance 
                with section 188 of the Workforce Innovation and 
                Opportunity Act, if applicable, and the Americans with 
                Disabilities Act of 1990, for individuals with 
                disabilities;
            (3) the need in the area for jobs to be performed, 
        including for jobs designated as a high-skill, high-wage or in-
        demand industry sector or occupation by the Secretary, State 
        board, or local board;
            (4) a description of State, local, or philanthropic 
        funding, including through coordination and in-kind or non-
        financial support, if any, that will be provided to assist in 
        carrying out the job guarantee program;
            (5) an assurance that the eligible entity will establish--
                    (A) a public internet website, in conjunction with 
                the Secretary, to post all available jobs under the job 
                guarantee program; and
                    (B) a process for individuals to apply for such 
                jobs;
            (6) a comprehensive plan to describe how the funding under 
        the program will leverage existing or anticipated local, State, 
        and Federal funding;
            (7) an assurance that necessary administrative data systems 
        and information technology infrastructure are available, or 
        will be available, to provide for full participation in the 
        evaluation under subsection (k);
            (8) a description of how the eligible entity will comply 
        with the requirements described in subsection (c)(6);
            (9) an assurance that the entity will enter into an 
        allocation agreement with the Secretary under subsection 
        (j)(2)(A); and
            (10) an assurance that energy and infrastructure jobs 
        provided under the program will not exacerbate the impacts of 
        climate change.
    (f) Selection.--The Secretary, after reviewing applications from 
eligible entities, shall award grants under this section to not more 
than 15 such eligible entities. In awarding such grants, the Secretary 
shall consider diversity in geographic location, urban-rural 
composition, and political entity, including the representation of 
Tribal entities.
    (g) Amount of Grant.--
            (1) Establishment of fund.--There is established in the 
        Treasury of the United States a separate account to be known as 
        the ``Job Guarantee Program Trust Fund'' (referred to in this 
        section as the ``Fund''), consisting of--
                    (A) amounts deposited in the Fund under subsection 
                (l); and
                    (B) any interest earned on investment of amounts in 
                the Fund.
            (2) Use of amounts.--The Secretary shall use amounts in the 
        Fund to make payments to grantees under grants under this 
        section in accordance with paragraph (3).
            (3) Payments.--
                    (A) In general.--The Secretary shall determine the 
                annual amount of a grant under this section based on a 
                formula to be developed by the Secretary.
                    (B) Payments.--The Secretary shall make payments to 
                grantees under this section in a manner determined 
                appropriate by the Secretary. The Secretary shall not 
                make subsequent payments to a grantee after the initial 
                payment until the grantee certifies to the Secretary 
                that the grantee has expended, transferred, or 
                obligated not less than 80 percent of the most recent 
                payment made under this subsection.
    (h) Limitations.--An eligible entity may not use amounts received 
under a grant under this section to--
            (1) employ individuals who will replace, or lead to the 
        displacement of, existing employees, positions, or individuals 
        who would otherwise perform similar employment, or disrupt 
        existing contracts and collective bargaining agreements, as 
        defined in section 181(b) of the Workforce Innovation and 
        Opportunity Act (Public Law 113-128);
            (2) perform functions otherwise prohibited by Federal, 
        State, or local laws; and
            (3) carry out other prohibited activities, as determined by 
        the Secretary.
    (i) Federal Provision of Jobs in Pilot Sites.--
            (1) Guidance.--Not later than 30 days after the date on 
        which the Secretary awards the first grant under this section, 
        the Secretary shall--
                    (A) provide guidance to the heads of appropriate 
                Federal agencies to notify such agencies of job 
                guarantee programs established under such grants; and
                    (B) request that such agencies notify the 
                Secretary, within 30 days of the date on which the 
                guidance is received under paragraph (1), of the number 
                and types of jobs that such agency would make available 
                through each of the programs.
            (2) Application of provisions.--The requirements of 
        subsection (c) relating to wages and benefits provided to 
        participants in jobs provided under job guarantee programs, and 
        the limitations in subsection (h), shall apply to Federal 
        agencies and jobs provided under this subsection, except that a 
        Federal agency shall employ each individual under this 
        subsection for up to three years.
            (3) Listing of jobs on website.--The Secretary shall 
        establish procedures to ensure that jobs identified under 
        paragraph (1)(B) are listed on the appropriate public internet 
        website as provided for under subsection (e)(5)(A).
            (4) Reimbursement.--At the end of each fiscal year, the 
        Secretary shall transfer from the Fund to each Federal agency 
        that employs individuals under a job guarantee program under 
        this section, an amount necessary to reimburse such agency for 
        the full cost of employing each such individual during such 
        fiscal year.
    (j) Training.--
            (1) In general.--The Secretary shall develop procedures to 
        support up to 8 weeks of paid training (through privately or 
        publicly funded training programs, such as those provided by 
        the public workforce system) to participants in order to 
        perform duties required by job guarantee programs under this 
        section, including a new period of training, not to exceed 8 
        weeks, prior to commencing any new job under the program.
            (2) Specific populations.--With respect to certain 
        populations with barriers to employment (as defined in section 
        3(24) of the Workforce Innovation and Opportunity Act (Public 
        Law 113-128)), the 8-week training period may include specific 
        job-related training and counseling and other general skills 
        training to prepare such individuals to reenter the workforce.
    (k) Priorities and Audits.--
            (1) Priorities.--Prior to awarding the initial grants under 
        this section, the Secretary shall issue a list of national job 
        priorities relating to jobs that may be carried out under job 
        guarantee programs, that shall include child care, care for 
        seniors and individuals with disabilities, clean energy jobs, 
        and sustainable infrastructure activities. The Secretary shall 
        take State board and local board suggestions into consideration 
        when issuing such list.
            (2) Audits.--
                    (A) In general.--The Secretary, acting through the 
                Inspector General of the Department of Labor, shall 
                carry out annual audits of the use of grant funds 
                provided to eligible entities under this section.
                    (B) Allocation agreements and misuse of funds.--
                            (i) Allocation agreements.--An eligible 
                        entity shall enter into an allocation agreement 
                        with the Secretary that shall provide that the 
                        Secretary shall recoup any amounts paid to the 
                        entity under a grant under this section if the 
                        results of an audit under subparagraph (A) 
                        include a finding that there was an intentional 
                        or reckless misuse of such funds by such 
                        entity.
                            (ii) Loss of eligibility.--An eligible 
                        entity that is determined to have falsified or 
                        otherwise misstated data in any report 
                        submitted to the Secretary with the intent to 
                        deceive or mislead the Secretary shall be 
                        ineligible to receive additional funds under 
                        this section.
    (l) Reports.--Not later than 90 days after the end of each calendar 
year for which an eligible entity obligates or expends any amounts made 
available under a grant under this section, the eligible entity shall 
submit to the Secretary a report that--
            (1) specifies the amount of grant funds obligated or 
        expended for the preceding fiscal year;
            (2) specifies any purposes for which the funds were 
        obligated or expended; and
            (3) includes any other information that the Secretary may 
        require to more effectively administer the grant program under 
        this section, including the indicators of performance under 
        section 116(b)(2)(A)(i) of the Workforce Innovation and 
        Opportunity Act (29 U.S.C. 3141(b)(2)(A)(i)), with the 
        performance data disaggregated by race, ethnicity, sex, age, 
        and membership in a population specified in section 3(24) of 
        such Act (29 U.S.C. 3102(24)).
    (m) Evaluation.--The Chief Evaluation Officer at the Department of 
Labor shall provide for the conduct of an evaluation of the pilot 
program, using a rigorous design and evaluation methods to assess the 
implementation of the programs and their impact on--
            (1) overall employment, public-sector employment, and 
        private-sector employment;
            (2) private sector employment, wages, and benefits;
            (3) poverty rate;
            (4) public assistance spending and other Federal spending 
        in the area served by the program;
            (5) child health and educational outcomes;
            (6) health and well-being of those with mental, emotional, 
        and behavioral health needs;
            (7) incarceration rates;
            (8) the environment, including air quality and water 
        quality;
            (9) the indicators of performance as described in 
        subsection (l)(3); and
            (10) other economic development and individual outcome 
        indicators, as determined by the Secretary.
    (n) Expansion of Work Opportunity Credit To Include Participants in 
Job Guarantee Programs.--
            (1) In general.--Subsection (d) of section 51 of the 
        Internal Revenue Code of 1986 is amended--
                    (A) in paragraph (1)--
                            (i) in subparagraph (I), by striking ``or'' 
                        at the end;
                            (ii) in subparagraph (J), by striking the 
                        period at the end and inserting ``, or''; and
                            (iii) by adding at the end the following 
                        new subparagraph:
                    ``(K) a qualified participant in a job guarantee 
                program.''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(16) Qualified participant in a job guarantee program.--
        The term `qualified participant in a job guarantee program' 
        means any individual who is certified by the designated local 
        agency as having participated in a job guarantee program under 
        section 2 of the Federal Jobs Guarantee Development Act of 2023 
        for not less than 3 months during the 6-month period ending on 
        the hiring date.''.
            (2) Effective date.--The amendments made by this subsection 
        shall apply to individuals who begin work for the employer 
        after December 31, 2023.
    (o) Appropriations.--From funds in the Treasury not otherwise 
appropriated, there are appropriated to the Secretary such sums as may 
be necessary to carry out this section.
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