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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1743 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1743

   To consolidate certain Federal job training programs into a State-
   administered, market-delivered block grant program, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 20, 2011

  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 consolidate certain Federal job training programs into a State-
   administered, market-delivered block grant 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 ``Learn to Earn Reemployment Training 
Improvement Act of 2011''.

SEC. 2. PURPOSE.

    The purpose of this Act is to establish a consolidated Learn to 
Earn program, described in section 4(a), which shall replace the 
programs terminated or consolidated under section 5.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Job training program.--The term ``job training 
        program'' means a program that has as its primary purpose or is 
        specifically designed to enhance the specific job skills of 
        individuals in order to increase their employability, identify 
        job opportunities, or help individuals obtain employment. The 
        term includes each of the 47 federally funded employment and 
        training programs examined in the March 2011 report of the 
        Government Accountability Office entitled ``Opportunities to 
        Reduce Potential Duplication in Government Programs, Save Tax 
        Dollars, and Enhance Revenue'' (GAO-11-318SP).
            (2) State.--The term ``State'' has the meaning given the 
        term in section 205 of the Federal-State Extended Unemployment 
        Compensation Act of 1970 (26 U.S.C. 3304 note).

SEC. 4. ESTABLISHMENT OF LEARN TO EARN PROGRAM.

    (a) In General.--There is established the Learn to Earn program, to 
be carried out by the Secretary of Labor in accordance with this Act, 
in order to facilitate the reemployment of individuals who are 
receiving emergency unemployment compensation under title IV of the 
Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 
3304 note) (referred to individually in this Act as an ``EUC 
claimant'').
    (b) Authorization and Appropriation for Fiscal Year 2013 and 
2014.--There is authorized to be appropriated and there is appropriated 
for each of fiscal years 2013 and 2014, out of any money in the general 
fund of the Treasury not otherwise appropriated, a sum equal to--
            (1) the total of the amounts appropriated for fiscal year 
        2011 for the programs terminated under the legislation 
        described in section 5(a); and
            (2) the total of the savings per fiscal year, as estimated 
        by the Director of the Office of Management and Budget under 
        section 5(a)(1), from the programs consolidated under that 
        legislation.

SEC. 5. TERMINATION AND CONSOLIDATION OF CERTAIN EXISTING JOB TRAINING 
              PROGRAMS.

    (a) Selection of Additional Programs and Activities To Be 
Terminated or Consolidated.--
            (1) Analysis.--The Director of the Office of Management and 
        Budget shall--
                    (A) analyze Federal job training programs, 
                determine which of the programs are duplicative or 
                ineffective, and recommend which of the programs should 
                be terminated or consolidated with other Federal job 
                training programs;
                    (B) determine the sum of--
                            (i) the total of the savings per fiscal 
                        year from the programs recommended under 
                        subparagraph (A) to be terminated, calculated 
                        as the total of the amounts appropriated for 
                        fiscal year 2011 for those programs; and
                            (ii) the total of the savings per fiscal 
                        year from the programs recommended under 
                        subparagraph (A) to be consolidated, as 
                        estimated by the Director;
                    (C) if the sum determined under subparagraph (B) is 
                less than $100,000,000 per fiscal year, analyze Federal 
                discretionary spending programs, determine which of the 
                programs are duplicative or ineffective, and recommend 
                which of the programs should be terminated or 
                consolidated with other Federal discretionary spending 
                programs;
                    (D) determine the sum of--
                            (i) the total of the savings per fiscal 
                        year from the programs recommended under 
                        subparagraph (C) to be terminated, calculated 
                        as the total of the amounts appropriated for 
                        fiscal year 2011 for those programs; and
                            (ii) the total of the savings per fiscal 
                        year from the programs recommended under 
                        subparagraph (C) to be consolidated, as 
                        estimated by the Director; and
                    (E) ensure that the recommendations made under 
                subparagraph (C) are sufficient to result in total 
                savings recommended under this paragraph, per fiscal 
                year, of not less than $100,000,000.
            (2) Report.--Not later than 45 days after the date of 
        enactment of this Act, the Director shall submit to the 
        appropriate officials a report containing--
                    (A) the results of each analysis under paragraph 
                (1);
                    (B) the determinations, and recommendations for 
                terminations and consolidations, resulting from the 
                analysis;
                    (C) proposed legislative language to carry out the 
                recommendations, and transfer funds from the terminated 
                and consolidated programs to the Secretary of Labor, to 
                carry out this Act; and
                    (D) the total savings recommended under paragraph 
                (1), per fiscal year.
            (3) Appropriate officials.--For purposes of paragraph (2), 
        the appropriate officials are the President, the Vice 
        President, the Speaker of the House of Representatives, and the 
        majority and minority leaders of the House of Representatives 
        and of the Senate.
    (b) Process for Consideration of Termination or Consolidation of 
Additional Programs.--
            (1) Introduction.--The proposed legislative language 
        submitted pursuant to subsection (a)(2) (referred to in this 
        subsection as the ``job training bill'') shall be introduced in 
        the Senate (by request) on the next day on which the Senate is 
        in session by the majority leader of the Senate or by a Member 
        of the Senate designated by the majority leader of the Senate 
        and shall be introduced in the House of Representatives (by 
        request) on the next legislative day by the majority leader of 
        the House or by a Member of the House designated by the 
        majority leader of the House.
            (2) Consideration in the house of representatives.--
                    (A) Referral and reporting.--Any committee of the 
                House of Representatives to which the job training bill 
                is referred shall report it to the House without 
                amendment not later than 60 days after the date of 
                enactment of this Act. If a committee fails to report 
                the job training bill within that period, it shall be 
                in order to move that the House discharge the committee 
                from further consideration of the bill. Such a motion 
                shall not be in order after the last committee 
                authorized to consider the bill reports it to the House 
                or after the House has disposed of a motion to 
                discharge the bill. The previous question shall be 
                considered as ordered on the motion to its adoption 
                without intervening motion except 20 minutes of debate 
                equally divided and controlled by the proponent and an 
                opponent. If such a motion is adopted, the House shall 
                proceed immediately to consider the job training bill 
                in accordance with subparagraphs (B) and (C). A motion 
                to reconsider the vote by which the motion is disposed 
                of shall not be in order.
                    (B) Proceeding to consideration.--After the last 
                committee authorized to consider a job training bill 
                reports it to the House or has been discharged (other 
                than by motion) from its consideration, it shall be in 
                order to move to proceed to consider the job training 
                bill in the House. Such a motion shall not be in order 
                after the House has disposed of a motion to proceed 
                with respect to the job training bill. The previous 
                question shall be considered as ordered on the motion 
                to its adoption without intervening motion. A motion to 
                reconsider the vote by which the motion is disposed of 
                shall not be in order.
                    (C) Consideration.--The job training bill shall be 
                considered as read. All points of order against the job 
                training bill and against its consideration are waived. 
                The previous question shall be considered as ordered on 
                the job training bill to its passage without 
                intervening motion except 2 hours of debate equally 
                divided and controlled by the proponent and an opponent 
                and one motion to limit debate on the job training 
                bill. A motion to reconsider the vote on passage of the 
                job training bill shall not be in order.
                    (D) Vote on passage.--The vote on passage of the 
                job training bill shall occur not later than 75 days 
                after the date of enactment of this Act.
            (3) Expedited procedure in the senate.--
                    (A) Committee consideration.--A job training bill 
                introduced in the Senate under paragraph (1) shall be 
                jointly referred to the committee or committees of 
                jurisdiction, which committees shall report the bill 
                without any revision and with a favorable 
                recommendation, an unfavorable recommendation, or 
                without recommendation, not later than 60 days after 
                the date of enactment of this Act. If any committee 
                fails to report the bill within that period, that 
                committee shall be automatically discharged from 
                consideration of the bill, and the bill shall be placed 
                on the appropriate calendar.
                    (B) Motion to proceed.--Notwithstanding Rule XXII 
                of the Standing Rules of the Senate, it is in order, 
                not later than 2 days of session after the date on 
                which a job training bill is reported or discharged 
                from all committees to which it was referred, for the 
                majority leader of the Senate or the majority leader's 
                designee to move to proceed to the consideration of the 
                job training bill. It shall also be in order for any 
                Member of the Senate to move to proceed to the 
                consideration of the job training bill at any time 
                after the conclusion of such 2-day period. A motion to 
                proceed is in order even though a previous motion to 
                the same effect has been disagreed to. All points of 
                order against the motion to proceed to the job training 
                bill are waived. The motion to proceed is not 
                debatable. The motion is not subject to a motion to 
                postpone. A motion to reconsider the vote by which the 
                motion is agreed to or disagreed to shall not be in 
                order. If a motion to proceed to the consideration of 
                the job training bill is agreed to, the job training 
                bill shall remain the unfinished business until 
                disposed of.
                    (C) Consideration.--All points of order against the 
                job training bill and against consideration of the job 
                training bill are waived. Consideration of the job 
                training bill and of all debatable motions and appeals 
                in connection therewith shall not exceed a total of 30 
                hours which shall be divided equally between the 
                majority and minority leaders or their designees. A 
                motion further to limit debate on the job training bill 
                is in order, shall require an affirmative vote of 
                three-fifths of the Members duly chosen and sworn, and 
                is not debatable. Any debatable motion or appeal is 
                debatable for not to exceed 1 hour, to be divided 
                equally between those favoring and those opposing the 
                motion or appeal. All time used for consideration of 
                the job training bill, including time used for quorum 
                calls and voting, shall be counted against the total 30 
                hours of consideration.
                    (D) No amendments.--An amendment to the job 
                training bill, or a motion to postpone, or a motion to 
                proceed to the consideration of other business, or a 
                motion to recommit the job training bill, is not in 
                order.
                    (E) Vote on passage.--If the Senate has voted to 
                proceed to the job training bill, the vote on passage 
                of the job training bill shall occur immediately 
                following the conclusion of the debate on a job 
                training bill, and a single quorum call at the 
                conclusion of the debate if requested. The vote on 
                passage of the job training bill shall occur not later 
                than 75 days after the date of enactment of this Act.
                    (F) Rulings of the chair on procedure.--Appeals 
                from the decisions of the Chair relating to the 
                application of the rules of the Senate, as the case may 
                be, to the procedure relating to a job training bill 
                shall be decided without debate.
            (4) Amendment.--The job training bill shall not be subject 
        to amendment in either the House of Representatives or the 
        Senate.
            (5) Consideration by the other house.--
                    (A) In general.--If, before passing the job 
                training bill, one House receives from the other a job 
                training bill--
                            (i) the job training bill of the other 
                        House shall not be referred to a committee; and
                            (ii) the procedure in the receiving House 
                        shall be the same as if no job training bill 
                        had been received from the other House until 
                        the vote on passage, when the job training bill 
                        received from the other House shall supplant 
                        the job training bill of the receiving House.
                    (B) Revenue measure.--This paragraph shall not 
                apply to the House of Representatives if the job 
                training bill received from the Senate is a revenue 
                measure.
            (6) Rules to coordinate action with other house.--
                    (A) Treatment of job training bill of other 
                house.--If the Senate fails to introduce or consider a 
                job training bill under this subsection, the job 
                training bill of the House shall be entitled to 
                expedited floor procedures under this subsection.
                    (B) Treatment of companion measures in the 
                senate.--If following passage of the job training bill 
                in the Senate, the Senate then receives the job 
                training bill from the House of Representatives, the 
                House-passed job training bill shall not be debatable. 
                The vote on passage of the job training bill in the 
                Senate shall be considered to be the vote on passage of 
                the job training bill received from the House of 
                Representatives.
                    (C) Vetoes.--If the President vetoes the job 
                training bill, debate on a veto message in the Senate 
                under this subsection shall be 1 hour equally divided 
                between the majority and minority leaders or their 
                designees.
            (7) Loss of privilege.--The provisions of this subsection 
        shall cease to apply to the job training bill if--
                    (A) the Director of the Office of Management and 
                Budget fails to submit the report or proposed 
                legislative language required under section 5(a)(2) not 
                later than 45 days after the date of enactment of this 
                Act; or
                    (B) the job training bill does not pass both Houses 
                not later than 75 days after the date of enactment of 
                this Act.

SEC. 6. DISTRIBUTION OF FUNDS.

    (a) In General.--Using the funds appropriated under section 4 for a 
fiscal year to carry out this Act, the Secretary of Labor shall--
            (1) reserve up to 1 percent for the costs of Federal 
        administration and for carrying out rigorous evaluations of the 
        activities conducted under this Act; and
            (2) allot the remainder of the funds not reserved under 
        paragraph (1) in accordance with the requirements of subsection 
        (b) and (c) to States that have approved plans under section 7.
    (b) Allotment Formula.--
            (1) Formula factors.--The Secretary of Labor shall use the 
        remainder described in subsection (a)(2) to make allotments to 
        such States for a fiscal year as follows:
                    (A) Two-thirds of such remainder shall be allotted 
                on the basis of the relative number of unemployed 
                individuals in each such State, compared to the total 
                number of unemployed individuals in all such States.
                    (B) One-third of such remainder shall be allotted 
                on the basis of the relative number of individuals in 
                each such State who have been unemployed for 27 weeks 
                or more, compared to the total number of individuals in 
                all such States who have been unemployed for 27 weeks 
                or more.
            (2) Calculation.--For purposes of paragraph (1), the number 
        of unemployed individuals and the number of individuals 
        unemployed for 27 weeks or more shall be based on the data for 
        the most recent 12-month period, as determined by the 
        Secretary.
    (c) Reallotment.--
            (1) Failure to implement activities on a timely basis.--The 
        Secretary of Labor may, in accordance with procedures and 
        criteria established by the Secretary, recapture the portion of 
        a State allotment made for a fiscal year under this Act that 
        remains unobligated if the Secretary determines that the funds 
        made available through the allotment are not being obligated at 
        a rate sufficient to meet the objectives of this Act. The 
        Secretary shall reallot such recaptured funds to other States 
        that are not subject to recapture, on the basis of the relative 
        amount of the allotment received by each such State (as 
        determined by the Secretary under subsection (b)), compared to 
        the total amount of such allotments received by all such 
        States.
            (2) Recapture of funds.--Funds recaptured under paragraph 
        (1) during a fiscal year shall remain available for 
        reobligation through December 31 of the following year.

SEC. 7. STATE PLAN.

    (a) In General.--For a State to be eligible to receive an allotment 
under section 6, a State shall submit to the Secretary of Labor a State 
plan in such form and containing such information as the Secretary may 
require, which at a minimum shall include--
            (1) a description of the activities to be carried out by 
        the State to assist, through the State's Learn to Earn program, 
        in the reemployment of eligible individuals to be served in 
        accordance with this Act, including information describing 
        which of the activities authorized in section 8 the State 
        intends to carry out and an estimate of the amounts the State 
        intends to allocate to the activities, respectively;
            (2) a description of the performance outcomes to be 
        achieved by the State through the activities carried out under 
        this Act, including the employment outcomes to be achieved by 
        participants, and the processes the State will use to track the 
        performance, consistent with guidance provided by the Secretary 
        of Labor regarding such performance outcomes and processes;
            (3) a description of how the State will coordinate 
        activities to be carried out under this Act with activities 
        under title I of the Workforce Investment Act of 1998 (29 
        U.S.C. 2801 et seq.), the Wagner-Peyser Act (29 U.S.C. 49 et 
        seq.), and other appropriate Federal programs;
            (4) the timelines for implementation of the activities 
        described in the plan and the number of eligible EUC claimants 
        expected to be enrolled in such activities, by calendar 
        quarter;
            (5) assurances that the State will participate in the 
        evaluation activities carried out by the Secretary of Labor 
        under this Act;
            (6) assurances that the State will provide appropriate 
        reemployment services, including counseling, to any EUC 
        claimant who participates in any program authorized under this 
        Act; and
            (7) assurances that the State will report such information 
        as the Secretary may require relating to fiscal, performance, 
        and other matters, including employment outcomes and effects, 
        that the Secretary determines is necessary to effectively 
        monitor the activities carried out under this Act.
    (b) Plan Submission and Approval.--A State shall submit a State 
plan under this section to the Secretary of Labor for approval not 
later than 30 days after the Secretary issues guidance relating to 
submission of such a plan. The Secretary shall approve such a plan if 
the Secretary determines that the plan meets the requirements of this 
Act and is appropriate and adequate to carry out the objectives of this 
Act.
    (c) Plan Modifications.--A State may submit modifications to a 
State plan that has been approved under this Act, and the Secretary of 
Labor may approve such modifications, if the plan as modified would 
meet the requirements of this Act and be appropriate and adequate to 
carry out the objectives of this Act.

SEC. 8. LEARN TO EARN PROGRAM.

    (a) In General.--A State shall use funds allotted to the State 
under this Act to establish and administer a State Learn to Earn 
program described in this section.
    (b) Description of Program.--In order to increase individuals' 
opportunities to move to permanent employment, the State shall 
administer the State Learn to Earn program by providing an eligible EUC 
claimant with short-term work experience placements with an eligible 
employer, during which such individual--
            (1) shall receive emergency unemployment compensation (as 
        described under title IV of the Supplemental Appropriations 
        Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note)), as wages 
        for the work performed for the employer, as specified in 
        subsections (c) and (d);
            (2) shall be provided with any additional amount required 
        pursuant to subsection (f) as augmented wages for the work 
        performed; and
            (3) may be provided with compensation in addition to the 
        amounts described in paragraphs (1) and (2) by the State or by 
        the employer as wages for the work performed, as described in 
        subsection (e)(2)(B).
    (c) Program Eligibility.--For purposes of the State Learn to Earn 
program described in subsection (b), an individual shall be considered 
to be an eligible EUC claimant for purposes of this Act and shall 
receive emergency unemployment compensation as wages for the work 
performed during the individual's voluntary participation in the 
program if such individual--
            (1) is otherwise eligible to receive emergency unemployment 
        compensation payments under title IV of the Supplemental 
        Appropriations Act, 2008;
            (2) elects to participate in the program; and
            (3) is a national of the United States, or 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)).
    (d) Program Requirements.--
            (1) In general.--For purposes of the State Learn to Earn 
        program described in subsection (b)--
                    (A) the wages payable to an individual under 
                subsection (c) shall be paid from the emergency 
                unemployment compensation account for such individual 
                as described in section 4002 of the Supplemental 
                Appropriations Act, 2008, and the amount in that 
                account shall be reduced accordingly;
                    (B) the wages payable to an individual under 
                subsection (c) shall be payable in the same amount, at 
                the same intervals, on the same terms, and subject to 
                the same conditions as under title IV of the 
                Supplemental Appropriations Act, 2008, except that--
                            (i) State requirements applied under such 
                        Act relating to disqualifying income are not 
                        applicable to compensation described in 
                        subsection (b) if, subject to the limitations 
                        described in subparagraph (C), such individual 
                        participates in the program for not less than 
                        300 hours;
                            (ii) State requirements relating to 
                        availability for work, active search for work, 
                        and refusal to accept work are not applicable 
                        to such individuals, and such individuals shall 
                        be considered to be unemployed for purposes of 
                        Federal and State laws applicable to emergency 
                        unemployment compensation; and
                            (iii) State requirements applied under such 
                        Act relating to an individual's acceptance of 
                        an offer of employment shall not apply with 
                        regard to an offer of employment for a period 
                        of 26 weeks or greater from a participating 
                        employer made to an individual who is 
                        participating in the program in a work 
                        experience provided by such employer if the 
                        offer of employment is expected to commence or 
                        commences at the conclusion of the period 
                        described in subparagraph (C)(i);
                    (C) the program shall be structured so that 
                individuals described in subsection (c) may participate 
                in the program for--
                            (i) not more than 10 weeks; and
                            (ii) not more than 38 hours for each such 
                        week;
                    (D) the State shall ensure that all individuals 
                participating in the program are covered by a workers' 
                compensation insurance program; and
                    (E) the program shall meet such other requirements 
                as established by the Secretary of Labor through 
                guidance (as described in section 9).
            (2) Certification of eligible employer.--A State may 
        certify as eligible for participation in the program under this 
        Act any employer that meets the eligibility criteria 
        established by the Secretary of Labor through guidance (as 
        described in section 9), except that an employer shall not be 
        certified as eligible for participation in the State program--
                    (A) if such employer--
                            (i) is a Federal, State, or local 
                        government agency:
                            (ii) would engage an eligible individual in 
                        work activities under any employer's grant 
                        (including a subgrant) or contract (including a 
                        subcontract) with a Federal, State, or local 
                        government agency, except with regard to work 
                        activities under any employer's contract for 
                        goods;
                            (iii) is delinquent with respect to any 
                        taxes or employer contributions under section 
                        3301 or 3303(a)(1) of the Internal Revenue Code 
                        of 1986 or with respect to any related 
                        reporting requirements;
                            (iv) is engaged in the business of 
                        supplying workers to other employers and would 
                        participate in the program for the purpose of 
                        supplying individuals participating in the 
                        program to other employers; or
                            (v) has previously participated in the 
                        program and the State has determined that such 
                        employer has failed to meet any of the 
                        requirements specified in subsection (h) or 
                        (i), or any other requirements that the 
                        Secretary may establish for employers under 
                        paragraph (1)(E); and
                    (B) unless such employer provides assurances that 
                the employer will not participate in the program in a 
                manner that violates the requirements of subsection 
                (h).
    (e) Authorized Activities.--A State that receives an allotment 
under this Act for a State Learn to Earn program--
            (1) shall use the funds made available through the 
        allotment to--
                    (A) recruit employers for participation in the 
                program;
                    (B) review and certify eligible employers for the 
                program, including employers identified by eligible 
                individuals seeking to participate in the program;
                    (C) ensure that reemployment and counseling 
                services are available for participants, including 
                services describing the State program prior to an 
                individual's participation in such program;
                    (D) establish and implement processes to monitor 
                the progress and performance of individual participants 
                for the duration of the program;
                    (E) prevent misuse of the program; and
                    (F) provide augmented wages to participants 
                pursuant to subsection (f); and
            (2) may use the funds made available through the 
        allotment--
                    (A) to pay workers' compensation insurance premiums 
                to cover all participants in the program, except that, 
                if a State opts not to make such payments directly to a 
                State administered workers' compensation program, the 
                State involved shall describe in the State plan the 
                means by which such State shall ensure workers' 
                compensation or equivalent coverage for all 
                participants in the program;
                    (B) to provide compensation to a participant in 
                addition to the amounts described in subsections (c) 
                and (f) as wages for work performed during 
                participation in the program;
                    (C) to provide supportive services, such as 
                transportation, child care, and dependent care, to 
                enable individuals to participate in the program;
                    (D) for the administration and oversight of the 
                program; and
                    (E) to fulfill additional program requirements 
                included in the approved State plan.
    (f) Provision of Augmented Wages if Necessary.--In a case in which 
the wages described in subsection (c) for a participant are not 
sufficient to equal or exceed an amount (referred to in this subsection 
as the ``applicable minimum wages amount'') equal to the minimum wages 
that are required to be paid by an employer under section 6(a)(1) of 
the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the 
minimum wages that are so required under the applicable State or local 
minimum wage law, whichever are higher, a State shall provide augmented 
wages to a participant in any amount necessary to cover the difference 
between--
            (1) the applicable minimum wages amount; and
            (2) the wages payable under subsection (c).
    (g) Effect of Wages on Eligibility for Other Programs.--None of the 
amounts provided under this section shall be considered as income for 
the purposes of determining eligibility for and the amount of financial 
assistance and in-kind aid furnished under any Federal or federally 
assisted program based on income.
    (h) Nondisplacement of Employees.--
            (1) Prohibition.--A participating employer shall not use a 
        participant to displace (including a partial displacement, such 
        as a reduction in the hours of nonovertime work, wages, or 
        employment benefits) any current employee (as of the date of 
        the participation).
            (2) Other prohibitions.--A participating employer shall not 
        permit a participant to perform work activities related to any 
        job if--
                    (A) any other individual is on layoff from the same 
                or any substantially equivalent job;
                    (B) the employer has terminated the employment of 
                any employee or otherwise reduced the workforce of the 
                employer with the intention of filling (including 
                partially filling) the vacancy so created with a 
                participant performing work activities;
                    (C) there is a strike or lockout at the worksite 
                that is the participant's workplace; or
                    (D) the job is created in a manner that will 
                infringe in any way upon the promotional opportunities 
                of currently employed individuals (as of the date of 
                the participation).
    (i) Prohibition on Impairment of Contracts.--A participating 
employer shall not, by participating in the program described in 
subsection (b), impair an existing contract for services or collective 
bargaining agreement, and no such activity that would be inconsistent 
with the terms of a collective bargaining agreement shall be undertaken 
without the written concurrence of the labor organization that is the 
signatory to the collective bargaining agreement.
    (j) Failure To Meet Program Requirements.--If a State makes a 
determination based on information provided to the State, or acquired 
by the State by means of its administration and oversight functions, 
that a participating employer under this section has violated a 
requirement of this section, the State shall bar such employer from 
further participation in the program. The State shall establish a 
process under which an individual described in subsection (c), or any 
other affected individual or entity, may file a complaint with the 
State relating to a violation of any requirement (including a 
prohibition) of this section.
    (k) Participant Option To Terminate Participation in Learn To Earn 
Program.--
            (1) Termination.--An individual who is participating in a 
        program described in subsection (b) may elect to discontinue 
        participation in such program.
            (2) Continued eligibility for emergency unemployment 
        compensation.--In the case of an individual who elects to 
        discontinue participation in such program, is terminated from 
        such program by a participating employer, or who has completed 
        participation in such program pursuant to subsection 
        (d)(1)(C)(i), if such individual continues to satisfy the 
        eligibility requirements for emergency unemployment 
        compensation under title IV of the Supplemental Appropriations 
        Act, 2008, the individual shall receive emergency unemployment 
        compensation payments with respect to subsequent weeks of 
        unemployment, to the extent that amounts remain in the account 
        established for such individual under section 4002(b) of such 
        Act or to the extent that such individual commences receiving 
        the amounts described in subsections (c), (d), or (e) of such 
        section, respectively.
    (l) Effect of Other Laws.--Unless otherwise provided in this 
section, nothing in this section shall be construed to alter or affect 
the rights or obligations under any Federal, State, or local law with 
respect to any individual described in subsection (c) or with respect 
to any participating employer under this section.
    (m) Treatment of Payments.--All wages or other payments to an 
individual under this section shall be treated as payments of 
unemployment insurance for purposes of section 209 of the Social 
Security Act (42 U.S.C. 409) and for purposes of subtitle A and 
sections 3101 and 3111 of the Internal Revenue Code of 1986.

SEC. 9. GUIDANCE AND ADDITIONAL REQUIREMENTS.

    The Secretary of Labor may establish through guidance, without 
regard to the requirements of section 553 of title 5, United States 
Code, such additional requirements, including reporting requirements, 
as the Secretary determines to be necessary to ensure fiscal integrity, 
effective monitoring, and appropriate and prompt implementation of the 
activities under this Act.

SEC. 10. EMERGENCY DESIGNATIONS.

    (a) Emergency Designation for Congressional Enforcement.--This Act 
is designated as an emergency for purposes of pay-as-you-go principles. 
In the Senate, this Act is designated as an emergency requirement 
pursuant to sections 403(a) and 423(b) of S. Con. Res. 13 (111th 
Congress), the concurrent resolution on the budget for fiscal year 
2010.
    (b) Emergency Designation for Statutory PAYGO.--This Act is 
designated as an emergency requirement pursuant to section 4(g) of the 
Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).

SEC. 11. TERMINATION.

    This Act shall terminate on October 1, 2015.
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