[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3273 Introduced in Senate (IS)]
112th CONGRESS
2d Session
S. 3273
To establish a youth summer employment program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 7, 2012
Mr. Brown of Massachusetts introduced the following bill; which was
read twice and referred to the Committee on Health, Education, Labor,
and Pensions
_______________________________________________________________________
A BILL
To establish a youth summer employment program, and for other purposes.
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 ``Youth Summer Jobs Act of 2012''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Waste, fraud, and abuse must be confronted in every
corner of the Federal Government. Elimination of waste, fraud,
and abuse can return significant funding to the Treasury, which
can be spent on the Nation's many priorities.
(2) To describe just a few examples of waste, fraud, and
abuse--
(A) at the end of fiscal year 2011, the Government
Accountability Office identified more than $794,000,000
in funding remaining in expired grant accounts;
(B)(i) the amount of uncollected Federal taxes,
sometimes referred to as the ``tax gap'', for a year
may approach an estimated $500,000,000,000;
(ii) contract and grant recipients under the
American Recovery and Reinvestment Act of 2009 owed
more than $750,000,000 in unpaid Federal taxes;
(iii) according to an annual Federal Employee
Retiree Delinquency Initiative report released by the
Internal Revenue Service--
(I) 98,000 Federal civilian employees owed
approximately $1,034,000,000 in seriously
delinquent tax debt in 2010; and
(II) when retirees and military personnel
are included, nearly 280,000 people owed
$3,400,000,000 in such debt;
(iv)(I) the Federal Government made approximately
$104,000,000,000 in overpayments in fiscal year 2011;
and
(II) the Office of Personnel Management Inspector
General reports that the Federal Government made, in
that year, $601,000,000 in improper payments to Federal
retirees found to have already died;
(v) waste, fraud and abuse in Federal health care
programs may approach $100,000,000,000 a year; and
(vi) last year the Federal Government's health care
fraud prevention and enforcement efforts recovered
nearly $4,100,000,000 in taxpayer dollars.
(3) The Summer Jobs+ youth summer jobs initiative
implemented by President Obama in the absence of the passage of
the American Jobs Act is an innovative program that should be
expanded and continued, thereby ensuring maximum employment
opportunities for youth in the United States.
SEC. 3. ESTABLISHMENT OF YOUTH SUMMER EMPLOYMENT SUCCESS FUND.
(a) Establishment.--There is established in the Treasury of the
United States an account, which shall be known as the Youth Summer
Employment Success Fund (referred to in this Act as ``the Fund''.)
(b) Transfer Into the Fund.--
(1) In general.--The Secretary of the Treasury shall
transfer to the Fund out of any amounts in the general fund of
the Treasury not otherwise appropriated--
(A) effective on the date of the rescission
described in subsection (c)(1), $1,000,000,000; and
(B) effective on the date of the rescission
described in subsection (c)(2), $1,000,000,000.
(2) Availability.--The amount in the Fund shall be
available to the Secretary of Labor, as provided in
appropriations Acts, for making expenditures to carry out this
Act.
(c) Unspent Federal Funds.--
(1) In general.--Notwithstanding any other provision of
law, of all available unobligated funds--
(A) $15,000,000,000 in discretionary funds
appropriated for fiscal year 2012 is hereby permanently
rescinded; and
(B) effective June 1, 2013, $15,000,000,000 in
discretionary funds appropriated for fiscal year 2013
is permanently rescinded.
(2) Implementation.--
(A) Appropriation accounts.--The Director of the
Office of Management and Budget shall determine and
identify from which appropriation accounts each
rescission under paragraph (1) shall apply and the
amount of such rescission that shall apply to each such
account.
(B) Report.--The Director of the Office of
Management and Budget shall submit a report to the
Secretary of the Treasury and Congress of the accounts
and amounts determined and identified for rescission
under subparagraph (A)--
(i) not later than 60 days after the date
of enactment of this Act, with respect to a
rescission described in paragraph (1)(A); and
(ii) not later than April 1, 2013, with
respect to a rescission described in paragraph
(1)(B).
(3) Exception.--This subsection shall not apply to the
unobligated funds of the Department of Veterans Affairs.
SEC. 4. AVAILABILITY OF FUNDS.
(a) In General.--Subject to subsection (b), the amount in the Fund
shall be available to the Secretary of Labor for making allotments and
providing assistance in accordance with section 5 to provide summer
employment opportunities to youth.
(b) Reservation.--The Secretary of Labor may reserve not more than
1 percent of the amount transferred to the Fund under section 3(b) for
the costs of technical assistance, evaluations, and Federal
administration of this Act.
(c) Period of Availability.--The amount in the Fund shall remain
available for obligation by the Secretary of Labor through June 30,
2013, and shall be available for expenditure by States and local
workforce investment areas that receive funds under this Act through
December 31, 2013.
SEC. 5. ESTABLISHMENT AND OPERATION OF YOUTH SUMMER EMPLOYMENT PROGRAM.
(a) In General.--From the amount in the Fund that is not reserved
under section 4(b) or subsection (c)(1), the Secretary of Labor shall
make an allotment under subsection (c)(2) to each State that has a
State plan modification approved under subsection (d), to each outlying
area, and to each recipient under section 166(c) of the Workforce
Investment Act of 1998 (29 U.S.C. 2911(c)), that meets the requirements
of this Act, for the purpose of providing summer employment
opportunities to youth.
(b) Guidance and Application of Requirements.--
(1) Guidance.--Not later than 7 days after the date of
enactment of this Act, the Secretary of Labor shall issue
guidance regarding the implementation of this Act. Such
guidance shall, consistent with this section, include
procedures for the submission and approval of State plan
modifications (including State requests for funds in forms that
are specified in such guidance), local plan modifications
(including local workforce investment area requests for funds
in forms that are specified in such guidance), and the
allotment and allocation of funds, including reallotment and
reallocation of such funds, that promote the expeditious and
effective implementation of the activities authorized under
this section.
(2) Requirements.--Except as otherwise provided in the
guidance described in paragraph (1) and in this Act, the funds
provided for activities under this section shall be
administered in accordance with subtitles B and E of title I of
the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.,
2931 et seq.) relating to youth activities.
(c) State Allotments.--
(1) Reservations for outlying areas and tribes.--Of the
amount in the Fund that is not reserved under section 4(b), the
Secretary of Labor shall reserve--
(A) not more than \1/4\ of 1 percent to provide
assistance to outlying areas to provide summer
employment opportunities to youth; and
(B) 1.5 percent to provide assistance to recipients
under section 166(c) of the Workforce Investment Act of
1998 (29 U.S.C. 2911(c)) to provide summer employment
opportunities to youth.
(2) States.--After determining the amounts to be reserved
under section 4(b) and paragraph (1), the Secretary of Labor
shall allot the remainder of the amount in the Fund among the
eligible States under such a formula as the Secretary
determines to be appropriate.
(3) Reallotment.--If the Governor of a State does not
submit a State plan modification by the 30th day specified in
subsection (d)(2)(A), or a State does not receive approval of
such State plan modification, the amount the State would have
been eligible to receive pursuant to the formula under
paragraph (2) shall be reallocated in accordance with that
formula to States that receive such approval.
(d) State Plan Modification.--
(1) In general.--For a State to be eligible to receive an
allotment of funds under subsection (c), the Governor of the
State shall submit to the Secretary of Labor under paragraph
(2) a State plan modification in such form and containing such
information as the Secretary may require. At a minimum, such
plan modification shall include--
(A) a description of the strategies and activities
to be carried out to provide summer employment
opportunities for youth, including linkages described
in subsection (g)(1);
(B) a description of the requirements the State
will apply relating to the eligibility of youth for
summer employment opportunities, which requirements--
(i) shall include a requirement that in
order to participate, a youth shall be a
national of the United States or an alien
lawfully admitted for permanent residence (as
those terms are defined in section 101(a) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)), or a nonimmigrant alien lawfully
present in the United States; and
(ii) may include criteria to target
assistance to particular categories of youth,
such as youth with disabilities, consistent
with subsection (f);
(C) a description of the performance outcomes to be
achieved by the State through the activities carried
out under this section and the processes the State will
use to track performance, consistent with guidance
provided by the Secretary of Labor regarding such
outcomes and processes and with section 6(b);
(D) a description of the timelines for
implementation of the activities described in
subparagraph (A), and the number of youth expected to
be placed in summer employment opportunities;
(E) a description of the formula that will be used
under subsection (e)(1)(B) to make allocations to local
workforce investment areas;
(F) assurances that the State will report such
information as the Secretary of Labor may require,
relating to fiscal, performance, and other matters,
that the Secretary determines is necessary to
effectively monitor the activities carried out under
this section; and
(G) assurances that the State will ensure
compliance with the requirements, restrictions, labor
standards, and other protections described in section
6(a).
(2) Submission and approval of state plan modification.--
(A) Submission.--The Governor shall submit the
State plan modification to the Secretary of Labor not
later than 30 days after the date of the issuance of
the guidance described in subsection (b). If the plan
modification is disapproved, the Secretary of Labor may
provide a reasonable period of time in which the plan
modification may be amended and resubmitted for
approval.
(B) Approval.--The Secretary of Labor shall approve
a State plan modification submitted under subparagraph
(A) within 7 days after the date of the submission,
unless the Secretary determines that the plan
modification is inconsistent with the requirements of
this Act. If the Secretary of Labor has not made such a
determination within 7 days after that date of
submission, the plan modification shall be considered
to be approved. If the plan modification is approved,
the Secretary of Labor shall allot funds to the State
within 7 days after such approval.
(3) Modifications to state plan modification.--The Governor
may submit a further modification to a State plan modification
under this subsection, consistent with the requirements of this
Act.
(e) Within-State Allocation and Administration.--
(1) In general.--Of the funds allotted to the State under
subsection (c), the Governor--
(A) may reserve not more than 5 percent for the
costs of technical assistance and State administration
of this Act; and
(B) shall allocate the remainder among the eligible
local workforce investment areas within the State in
accordance with the formula stated in the State plan
modification, except that not more than 10 percent of
the funds so allocated to a local workforce investment
area may be used for the costs of local administration
of this Act.
(2) Reallocation.--If a local workforce investment board
for a local workforce investment area does not submit a local
plan modification by the 30th day specified in subsection
(f)(2)(A), or a local workforce investment area does not
receive approval of such local plan modification, the amount
the local workforce investment area would have been eligible to
receive pursuant to the formula under paragraph (1)(B) shall be
reallocated in accordance with that formula to local workforce
investment areas that receive such approval.
(f) Local Plan Modification.--
(1) In general.--For a local workforce investment area to
be eligible to receive an allocation of funds under subsection
(e)(1)(B), the local workforce investment board for the area,
in partnership with the chief elected official of the area,
shall submit to the Governor under paragraph (2) a local plan
modification. The local plan modification shall describe the
strategies and activities to be carried out under this section.
(2) Submission and approval of local plan modification.--
(A) Submission.--The local workforce investment
board and chief elected official shall submit the local
plan modification not later than 14 days after the date
of the State submission of the State plan modification.
If the plan modification is disapproved, the Governor
may provide a reasonable period of time in which the
plan modification may be amended and resubmitted for
approval.
(B) Approval.--The Governor shall approve a local
plan modification submitted under subparagraph (A)
within 30 days after the date of the submission, unless
the Governor determines that the plan modification is
inconsistent with the requirements of this Act. If the
Governor has not made such a determination within 30
days after that date of submission, the plan
modification shall be considered to be approved. If the
plan modification is approved, the Governor shall
allocate funds to the local workforce investment area
within 14 days after such approval.
(3) Modifications to local plan modification.--The local
workforce investment area may submit a further modification to
a local plan modification, consistent with the requirements of
this Act.
(g) Use of Funds.--The funds made available under this section--
(1) shall be used to provide summer employment
opportunities, for youth ages 16 through 24, with direct
linkages to academic and occupational learning; and
(2) may be used to provide supportive services, such as
transportation or child care, necessary to enable such a youth
to participate in such an opportunity.
SEC. 6. GENERAL REQUIREMENTS.
(a) Labor Standards and Protections.--Activities provided with
funds made available under this Act shall be subject to the
requirements and restrictions, including the labor standards, described
in section 181 of the Workforce Investment Act of 1998 (29 U.S.C. 2931)
and the nondiscrimination provisions of section 188 of such Act (29
U.S.C. 2938), in addition to other applicable Federal laws.
(b) Reporting.--The Secretary of Labor may require the reporting of
information relating to fiscal, performance, and other matters that the
Secretary determines is necessary to effectively monitor the activities
carried out with funds provided under this Act. At a minimum, States
and local workforce investment areas that receive funds under this Act
shall provide information relating to--
(1) the number of individuals participating in activities
with funds provided under this Act and the number of such
individuals who have completed such participation;
(2) the expenditures of funds provided under this Act;
(3) the number of jobs created pursuant to the activities
carried out under this Act;
(4) the demographic characteristics of individuals
participating in activities under this Act; and
(5) the performance outcomes of individuals participating
in activities under this Act.
(c) Activities Required To Be Additional.--Funds provided under
this Act shall only be used for activities that are in addition to
activities that would otherwise be available in the State, local
workforce investment area, or other appropriate jurisdiction in the
absence of such funds.
(d) Additional Requirements.--The Secretary of Labor may establish
such additional requirements as the Secretary determines may be
necessary to ensure fiscal integrity, effective monitoring, and the
appropriate and prompt implementation of the activities under this Act.
(e) Report of Information and Evaluations to Congress and the
Public.--The Secretary of Labor shall provide to the appropriate
committees of the Congress and make available to the public the
information reported pursuant to subsection (b) and the evaluations of
activities carried out with the funds reserved under section 4(b).
SEC. 7. DEFINITIONS.
In this Act:
(1) Chief elected official.--The term ``chief elected
official'' has the meaning given the term in section 101 of the
Workforce Investment Act of 1998 (29 U.S.C. 2801).
(2) Local plan modification.--The term ``local plan
modification'' means--
(A) a modification of a local plan submitted under
section 118 of the Workforce Investment Act of 1998 (29
U.S.C. 2833); or
(B) a request by a local workforce investment area
for funds, in a form that is specified in guidance
under section 5(b).
(3) Local workforce investment area.--The term ``local
workforce investment area'' means such area designated under
section 116 of the Workforce Investment Act of 1998 (29 U.S.C.
2831).
(4) Local workforce investment board.--The term ``local
workforce investment board'' means such board established under
section 117 of the Workforce Investment Act of 1998 (29 U.S.C.
2832).
(5) Outlying area.--The term ``outlying area'' means the
United States Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and the Republic
of Palau.
(6) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, and the
Commonwealth of Puerto Rico.
(7) State plan modification.--The term ``State plan
modification'' means--
(A) a modification of a State plan submitted under
section 112 of the Workforce Investment Act of 1998 (29
U.S.C. 2822); or
(B) a State request for funds, in a form that is
specified in guidance under section 5(b).
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