HR 870 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 870CommentsClose CommentsPermalink

To establish the National Full Employment Trust Fund to create employment opportunities for the unemployed.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

March 2, 2011CommentsClose CommentsPermalink

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 concernedCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To establish the National Full Employment Trust Fund to create employment opportunities for the unemployed.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act shall be cited as the ‘Humphrey-Hawkins 21st Century Full Employment and Training Act’ or the ‘Work Opportunities and Revitalizing Our Communities Act’.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this Act the following definitions apply:CommentsClose CommentsPermalink





(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)).CommentsClose CommentsPermalink





(2) SECRETARY- The term ‘Secretary’ means the Secretary of Labor.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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)).CommentsClose CommentsPermalink





(5) TRUST FUND- The term ‘Trust Fund’ refers to the Full Employment Trust Fund established under section 3.CommentsClose CommentsPermalink





(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)).CommentsClose CommentsPermalink





(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)).CommentsClose CommentsPermalink

SEC. 3. 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--CommentsClose CommentsPermalink





(1) providing funding for the Employment Opportunity Grants established in section 4; andCommentsClose CommentsPermalink





(2) issuing funds to the Secretary to fund the Workforce Investment Act (29 U.S.C. 2801 et seq.).CommentsClose CommentsPermalink





(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 7.CommentsClose CommentsPermalink





(c) Separate Trust Fund Accounts- The Trust Fund shall consist of 2 separate accounts as follows:CommentsClose CommentsPermalink





(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 4.CommentsClose CommentsPermalink





(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.).CommentsClose CommentsPermalink





(d) 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.CommentsClose CommentsPermalink





(e) 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.CommentsClose CommentsPermalink

SEC. 4. EMPLOYMENT OPPORTUNITY GRANTS TO STATES, LOCAL GOVERNMENT, AND INDIAN TRIBES.

(a) Employment Grants Contingent on Level of Unemployment- Subject to the availability of funds in the Trust Fund for activities under this section, if, at the beginning of a fiscal year, the economy is not at a level of full employment, as determined by the Chairman of the Federal Reserve Board, the Secretary shall make grants for such fiscal year, in amounts totaling 90 percent of such funds available, to States, units of general local government, and Indian tribes to carry out activities in accordance with this section.CommentsClose CommentsPermalink





(b) Purpose- Grants made under this section shall be for creating employment opportunities for unemployed and underemployed residents of distressed communities 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.CommentsClose CommentsPermalink





(c) Use of Funds- A recipient of a grant under this section shall use the grant for the following purposes:CommentsClose CommentsPermalink





(1) During the initial 9-month period in which grants are made under this section, each grant shall be used only to fund the following types of fast-track job placements:CommentsClose CommentsPermalink





(A) The painting and repair of schools, community centers, and libraries.CommentsClose CommentsPermalink





(B) 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.CommentsClose CommentsPermalink





(C) The expansion of emergency food programs to reduce hunger and promote family stability.CommentsClose CommentsPermalink





(D) The augmentation of staffing in Head Start, child care, and other early childhood education programs to promote school readiness and early literacy.CommentsClose CommentsPermalink





(E) The renovation and enhancement of maintenance of parks, playgrounds, and other public spaces.CommentsClose CommentsPermalink





(2) Following the 9-month period described in paragraph (1), a recipient of a grant may use the remaining amount of the grant to assist public entities, nonprofit community-based organizations, public-private partnerships, or small businesses to create opportunities for employment in the following areas:CommentsClose CommentsPermalink





(A) 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.CommentsClose CommentsPermalink





(B) Provision of human services, including child care services, health care services, education, or recreational programs.CommentsClose CommentsPermalink





(C) The remediation and demolition of vacant and abandoned properties to eliminate blight.CommentsClose CommentsPermalink





(D) Programs that provide disadvantaged youth with opportunities for employment, education, leadership development, entrepreneurial skills development, and training.CommentsClose CommentsPermalink





(3) Providing supplemental labor for existing federally or State-funded infrastructure projects.CommentsClose CommentsPermalink





(4) Providing supplemental labor for existing federally or State-funded projects aimed at expanding access to broadband or wireless Internet service.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) assess the needs of the community served by the grant recipient;CommentsClose CommentsPermalink





(2) determine sectors of the local economy that are in need of employees;CommentsClose CommentsPermalink





(3) make recommendations for new employment opportunities in the areas described in paragraph (3); andCommentsClose CommentsPermalink





(4) assess the effectiveness of job placements made under paragraph (1).CommentsClose CommentsPermalink





(e) Conditions- As a condition of receiving a grant under this section, a grant recipient shall--CommentsClose CommentsPermalink





(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);CommentsClose CommentsPermalink





(2) allocate not less than 80 percent of the funding allocated to each project funded under the grant to wages, benefits, and support services, including child care services, for individuals employed on such project;CommentsClose CommentsPermalink





(3) ensure that employment on any project funded under the grant is carried out in accordance with subsection (c);CommentsClose CommentsPermalink





(4) 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; andCommentsClose CommentsPermalink





(5) ensure that not less than 35 percent of individuals employed under the grant are individuals described in paragraph (4)(B) of subsection (f).CommentsClose CommentsPermalink





(f) Employment Described- Employment funded under this section shall meet the following specifications:CommentsClose CommentsPermalink





(1) Any employer that employs an individual whose employment is funded under the grant shall--CommentsClose CommentsPermalink





(A) employ such individual for not less than 12 months;CommentsClose CommentsPermalink





(B) employ such individual for not less than 30 hours per week;CommentsClose CommentsPermalink





(C) comply with responsible contractor standards, as determined by the relevant official in the unit of local general government;CommentsClose CommentsPermalink





(D) provide compensation to such individual equal to that which is paid to employees who have been employed to perform similar work prior to the date such individual was hired; andCommentsClose CommentsPermalink





(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 of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) the consent of the union at such employer is obtained; andCommentsClose CommentsPermalink





(B) negotiations have taken place between such union and the employer as to the terms and conditions of such employment.CommentsClose CommentsPermalink





(3) An individual whose employment is funded under this Act may not displace other employees whose employment is not funded under this Act. A grant recipient under this Act may not hire an employee or employees with funds under this Act for any employment which the grant recipient would otherwise hire an employee who has been furloughed.CommentsClose CommentsPermalink





(4) An individual whose employment is funded under this Act shall be--CommentsClose CommentsPermalink





(A) unemployed for not less than 26 weeks prior to the receipt of the grant, as verified by the State or local department of labor, department of welfare, or similar office charged with maintaining records of unemployment; orCommentsClose CommentsPermalink





(B) unemployed for not less than 30 days prior to the receipt of the grant and be a low-income individual who is a member of a targeted group (as defined by section 51(d) of the Internal Revenue Code of 1986) as verified by the State or local department of labor, department of welfare, or similar office charged with maintaining records of unemployment.CommentsClose CommentsPermalink





For purposes of subparagraph (B), the hiring date (as defined in section 51(d)(11) of such Code) shall be the hiring date by an employer who receives a grant pursuant to this section.CommentsClose CommentsPermalink





(g) Award of Grants-CommentsClose CommentsPermalink





(1) SELECTION CRITERIA- In selecting a project to receive funding for employing the individuals described in subsection (f)(4), a grant recipient shall consider--CommentsClose CommentsPermalink





(A) the input of all participants in a proposed project, including labor organizations, community organizations, and employers;CommentsClose CommentsPermalink





(B) the needs of the community intended to benefit from such project;CommentsClose CommentsPermalink





(C) the long-term goals and short-term objectives to address such needs; andCommentsClose CommentsPermalink





(D) any recommendations for programs and activities developed to meet such needs.CommentsClose CommentsPermalink





(2) PRIORITY GIVEN TO CERTAIN PROJECTS- A grant recipient under this section shall give priority to projects that--CommentsClose CommentsPermalink





(A) serve areas with the greatest level of economic need, determined for each such area by--CommentsClose CommentsPermalink





(i) the unemployment rate;CommentsClose CommentsPermalink





(ii) the rate of poverty;CommentsClose CommentsPermalink





(iii) the number of census tracts with concentrated poverty;CommentsClose CommentsPermalink





(iv) the lowest median income;CommentsClose CommentsPermalink





(v) the percentage of vacant and abandoned properties;CommentsClose CommentsPermalink





(vi) the percentage of home foreclosures; andCommentsClose CommentsPermalink





(vii) the indicators of poor resident health, including high rates of chronic disease, infant mortality, and life expectancy;CommentsClose CommentsPermalink





(B) integrate education and job skills training, including basic skills instruction and secondary education services;CommentsClose CommentsPermalink





(C) coordinate to the maximum extent feasible with pre-apprenticeship and apprenticeship programs; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(h) Allocation of Grants-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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)).CommentsClose CommentsPermalink





(i) Reports-CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(A) A description of the progress made in accomplishing the objectives of this chapter.CommentsClose CommentsPermalink





(B) A summary of the use of the grant during the preceding fiscal year.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(E) The amount of money received and expended during the fiscal year.CommentsClose CommentsPermalink





(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 there under (42 U.S.C. 1437 et seq.)).CommentsClose CommentsPermalink





(G) The amount expended on administrative costs during the fiscal year.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 5. 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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 6. 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)’.CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink

SEC. 7. 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:CommentsClose CommentsPermalink

‘Subchapter C--Tax on Securities Transactions

‘Sec. 4475. Tax on securities transactions.CommentsClose CommentsPermalink

‘SEC. 4475. TAX ON SECURITIES TRANSACTIONS.

‘(a) Imposition of Tax- There is hereby imposed a tax on each covered securities transaction an amount equal to the applicable percentage of the value of the security involved in such transaction.CommentsClose CommentsPermalink





‘(b) By Whom Paid- The tax imposed by this section shall be paid by the trading facility on which the transaction occurs.CommentsClose CommentsPermalink





‘(c) Applicable Percentage- For purposes of this section, the term ‘applicable percentage’ means 0.25 percent.CommentsClose CommentsPermalink





‘(d) Covered Securities Transaction- The term ‘covered securities transaction’ means--CommentsClose CommentsPermalink





‘(1) any transaction to which subsection (b), (c), or (d) of section 31 of the Securities Exchange Act of 1934 applies, andCommentsClose CommentsPermalink





‘(2) any transaction subject to the exclusive jurisdiction of the Commodity Futures Trading Commission.CommentsClose CommentsPermalink





‘(e) Administration- The Secretary shall carry out this section in consultation with the Securities and Exchange Commission and the Commodity Futures Trading Commission.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of subchapters for chapter 36 of such Code is amended by inserting after the item relating to subchapter B the following new item:CommentsClose CommentsPermalink

‘subchapter c. tax on securities transactions.’.

(c) Effective Date- The amendments made by this subsection shall apply to sales occurring more than 30 days after the date of the enactment of this Act.CommentsClose CommentsPermalink