Sec. 2. Job guarantee grant program
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In this section: The term eligible entity means— a State; a political subdivision of a State; a Tribal entity; an outlying area; or a consortium of the entities described in subparagraph
(B)or (C). The term job guarantee program means a program that meets the requirements of subsection (c). The term rural area means an area that is located outside of an urban area. 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 ). The term urban area the has the meaning given the term by the Bureau of the Census in regulations. The term Secretary means the Secretary of Labor. The terms adult education and literacy activities , career planning , individual with a barrier to employment , in-demand industry sector or occupation , local board , outlying area , recognized postsecondary credential , State , 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 ). The Secretary shall establish a program to provide competitive grants to eligible entities to establish programs to ensure that any eligible individual within the area served by any such eligible entity who applies for a job through such a program established by such eligible entity will be provided with employment in accordance with this section. Prior to soliciting the initial grants under this section, the Secretary shall make publicly available on the website of the Department of Labor a list of national job priorities emphasizing strategic job creation in in-demand industry sectors and occupations that address community needs, promote economic resilience, and support sustainable development. The Secretary may take State board and local board suggestions into consideration when developing such list. A grant awarded under this section shall be for a period of 3 years. In the case of an additional grant awarded to an eligible entity, the 3-year grant period for such additional grant shall begin on the day after the last day of the grant period of the preceding grant awarded to such eligible entity under this section. An eligible entity that receives a grant under this section may reapply under this section for one or more additional grants if such eligible entity, as of the date of the application for such additional grant— meets the requirements of subsection (f)(1); has not become ineligible for funds under this section pursuant to subsection (k)(2)(B); and meets any performance requirements, as determined by the Secretary, with respect to the program carried out under the preceding grant. Such an eligible entity may submit an application under subsection
(e)for an additional grant prior to the last day of the grant period of the preceding grant awarded to the eligible entity under this section. The Secretary may provide an expedited review process for an eligible entity’s application for an additional grant, which may include a performance review of the program carried out under the preceding grant awarded to the eligible entity under this section. Subject to paragraph (2), a job guarantee program meets the requirements of this subsection if each job provided under such program— is available to any individual who— is 18 years of age or older; and has principal residence in the eligible entity as of the date that such individual applies for a job under such program; is, with respect to each individual who receives a job under the program, 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; and provides each such individual the following: A choice between coverage under— a health insurance program that is comparable to that offered to Federal employees under the Federal Employee Health Benefits Program; or the health insurance program under an applicable collective bargaining agreement as provided for under subparagraph (B). The following leave— family and medical leave consistent with the provisions of the Family and Medical Leave Act of 1993 and applicable State law, except that such leave shall be paid leave; and paid sick leave as provided by the Emergency Paid Sick Leave Act under division E of the Families First Coronavirus Response Act ( 29 U.S.C. 2601 note). The paid training and career development opportunities developed pursuant to subsection (j). A wage that is not less than the highest of the following rates: $17 per hour. The hourly wage required to be paid to employees in the area to be served under the program. 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. The applicable wage under an applicable collective bargaining agreement as provided for under subparagraph (B). An eligible individual who receives job under a job guarantee program under this section may be released or suspended from such job if such individual— fails to perform the stipulated duties; or is generally disruptive to the workplace involved. The Secretary shall establish procedures to provide for an opportunity for a review of any such release or suspension. A grant awarded under this section may be used to provide workers in a job guarantee program with— supportive services, which may include food, transportation, child care, dependent care, housing, clothing and personal protection equipment, and needs-related payments, that are necessary to enable an individual to participate in activities authorized under this section; access to a workplace learning advisor to support the education, skill development, job training, career planning, 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; adult education and literacy activities, including those provided by public libraries; activities that assist justice-involved individuals, formerly incarcerated individuals, and individuals with criminal records in reentering the workforce; and financial literacy activities including those described in section 129(b)(2)(D) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3164(b)(2)(D) ). 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— 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 distribution, home-ownership rate, labor force participation rate, and educational attainment distribution; to the extent practicable, a description of the jobs that will be offered under the job guarantee program, including— 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 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 ( 29 U.S.C. 3248 ), if applicable, and the Americans with Disabilities Act of 1990, for individuals with disabilities; 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; a description of State, local, or philanthropic funding, including through coordination and in-kind or nonfinancial support, if any, that will be provided to assist in carrying out the job guarantee program; an assurance that the eligible entity will establish— a public internet website, in conjunction with the Secretary, to post all available jobs under the job guarantee program; and a process for individuals to apply for such jobs; a comprehensive plan to describe how the funding under the program will leverage existing or anticipated local, State, and Federal funding; 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 (m); a description of how the eligible entity will comply with the requirements described in subsection (c)(1)(D); an assurance that the entity will enter into an allocation agreement with the Secretary under subsection (k)(2)(A); and an assurance that any job in the energy and infrastructure sector provided under the program will not exacerbate the impacts of climate change. In awarding grants to eligible entities under this section, the Secretary shall— select eligible entities that— as of the date of submission of the application under subsection (e), has an unemployment rate that (as determined by the Bureau of Labor Statistics based on the most recent data available as of such date or, in the case of an eligible entity that is a Tribal entity with respect to which no Federal data are available, based on employment entity submitted by the Tribal entity) is at least the lower of— 5 percent; or 80 percent of the national unemployment rate; in the case of eligible entities seeking an additional grant pursuant to subsection (b)(3), have not been determined to be ineligible for funds under this section pursuant to subsection (k)(2)(B); and consider diversity in geographic location, urban-rural composition, and political entity, including the representation of Tribal entities. 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 ). There is hereby appropriated to the Fund amounts equivalent to— taxes received in the Treasury under subchapter C of chapter 36 of the Internal Revenue Code of 1986; and interest earned on investment of amounts in the Fund under rules similar to the rules of section 9602(b) of such Code. The Secretary shall use amounts in the Fund to make payments to grantees under grants under this section in accordance with paragraph (4). The Secretary shall determine the annual amount of a grant under this section based on a formula to be developed by the Secretary. The Secretary shall make payments to grantees under this section based on a standardized payment schedule and 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. An eligible entity may not use amounts received under a grant under this section to— employ individuals who will replace, or lead to the displacement of, existing employees, positions, or individuals who would otherwise perform similar employment; disrupt existing contracts or collective bargaining agreements; and perform functions otherwise prohibited by applicable Federal, State, or local laws. Not later than 30 days after the date on which the Secretary awards the first grant under this section, the Secretary shall— provide guidance to the heads of appropriate Federal agencies to notify such agencies of job guarantee programs established under the grants awarded to eligible entities under this section, and that such agencies may work with such eligible entities to carry out such programs on behalf of such eligible entities and receive reimbursement for carrying out such a program; request that, not later than 30 days after the date on which the guidance is received under subparagraph (A), the heads of such agencies notify the Secretary of the number and types of jobs that each such agency would make available through each of the programs; and ensure that each such agency makes best efforts to provide jobs through the programs established under such grants. 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. 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). Not later than 30 days after the date of enactment of this Act, the Secretary shall develop procedures to support a minimum of 1 week, and up to 8 weeks, of paid training and career development opportunities to eligible individuals selected to participate in a program under this section in order to enable such individuals to perform duties required by such program. With respect to individuals with barriers to employment (as defined in section 3(24) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102(24) ), the training period may include specific job-related training and counseling and other general skills training to prepare such individuals to reenter the workforce. 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. 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 paragraph
(1)include a finding that there was an intentional or reckless misuse of such funds by such entity. 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. Not later than 90 days after the end of each fiscal 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— specifies the amount of grant funds obligated or expended for the preceding fiscal year; specifies any purposes for which the funds were obligated or expended; and 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) ). Not later than 180 days after the end of each fiscal year for which an eligible entity obligates or expends any amounts made available under a grant under this section, the Secretary shall publish such reports from paragraph
(1)in a searchable online database. The Chief Evaluation Officer at the Department of Labor shall provide for the conduct of an evaluation of each program carried out by an eligible entity under this section, using a rigorous design and evaluation methods to assess the implementation of the program and its impact on, with respect to the area served by such program— overall employment, public-sector employment, and private-sector employment; private-sector employment, wages, and benefits; poverty rate; public assistance spending and other Federal spending in the area served by the program; child health and educational outcomes; health and well-being of those with mental, emotional, and behavioral health needs; incarceration rates; the environment, including air quality and water quality; the indicators of performance as described in subsection (l)(1)(C); and other economic development and individual outcome indicators, as determined by the Secretary. Subsection
(d)of section 51 of the Internal Revenue Code of 1986 is amended— in paragraph (1)— in subparagraph (I), by striking or at the end, in subparagraph (J), by striking the period at the end and inserting , or , and by adding at the end the following new subparagraph: a qualified participant in a job guarantee program. , and by adding at the end the following new paragraph: 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 Workforce Promotion and Access Act for not less than 3 months during the 6-month period ending on the hiring date. . The amendments made by this subsection shall apply to individuals who begin work for the employer after December 31, 2024. 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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Sec. 2
Job guarantee grant program
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