II 

112TH CONGRESS 

1ST SESSION S. 1743 

To consolidate certain Federal job training programs into a Stateadministered, 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Learn to Earn Reem5 ployment Training Improvement Act of 2011’’. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is to establish a consolidated 

8 Learn to Earn program, described in section 4(a), which 


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1 shall replace the programs terminated or consolidated 

2 under section 5. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

5 (1) JOB TRAINING PROGRAM.—The term ‘‘job 

6 training program’’ means a program that has as its 

7 primary purpose or is specifically designed to en8 hance the specific job skills of individuals in order 

9 to increase their employability, identify job opportu10 nities, or help individuals obtain employment. The 

11 term includes each of the 47 federally funded em12 ployment and training programs examined in the 

13 March 2011 report of the Government Account14 ability Office entitled ‘‘Opportunities to Reduce Po15 tential Duplication in Government Programs, Save 

16 Tax Dollars, and Enhance Revenue’’ (GAO–11– 

17 318SP). 

18 (2) STATE.—The term ‘‘State’’ has the mean19 ing given the term in section 205 of the Federal20 State Extended Unemployment Compensation Act of 

21 1970 (26 U.S.C. 3304 note). 

22 SEC. 4. ESTABLISHMENT OF LEARN TO EARN PROGRAM. 

23 (a) IN GENERAL.—There is established the Learn to 

24 Earn program, to be carried out by the Secretary of Labor 

25 in accordance with this Act, in order to facilitate the reemVerDate Mar 15 2010 02:54 Oct 22, 2011 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1743.IS S1743

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1 ployment of individuals who are receiving emergency un2 employment compensation under title IV of the Supple3 mental Appropriations Act, 2008 (Public Law 110–252; 

4 26 U.S.C. 3304 note) (referred to individually in this Act 

5 as an ‘‘EUC claimant’’). 

6 (b) AUTHORIZATION AND APPROPRIATION FOR FIS7 CAL YEAR 2013 AND 2014.—There is authorized to be 

8 appropriated and there is appropriated for each of fiscal 

9 years 2013 and 2014, out of any money in the general 

10 fund of the Treasury not otherwise appropriated, a sum 

11 equal to— 

12 (1) the total of the amounts appropriated for 

13 fiscal year 2011 for the programs terminated under 

14 the legislation described in section 5(a); and 

15 (2) the total of the savings per fiscal year, as 

16 estimated by the Director of the Office of Manage17 ment and Budget under section 5(a)(1), from the 

18 programs consolidated under that legislation. 

19 SEC. 5. TERMINATION AND CONSOLIDATION OF CERTAIN 

20 EXISTING JOB TRAINING PROGRAMS. 

21 (a) SELECTION OF ADDITIONAL PROGRAMS AND AC22 TIVITIES TO BE TERMINATED OR CONSOLIDATED.— 

23 (1) ANALYSIS.—The Director of the Office of 

24 Management and Budget shall— 


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1 (A) analyze Federal job training programs, 

2 determine which of the programs are duplica3 tive or ineffective, and recommend which of the 

4 programs should be terminated or consolidated 

5 with other Federal job training programs; 

6 (B) determine the sum of— 

7 (i) the total of the savings per fiscal 

8 year from the programs recommended 

9 under subparagraph (A) to be terminated, 

10 calculated as the total of the amounts ap11 propriated for fiscal year 2011 for those 

12 programs; and 

13 (ii) the total of the savings per fiscal 

14 year from the programs recommended 

15 under subparagraph (A) to be consoli16 dated, as estimated by the Director; 

17 (C) if the sum determined under subpara18 graph (B) is less than $100,000,000 per fiscal 

19 year, analyze Federal discretionary spending 

20 programs, determine which of the programs are 

21 duplicative or ineffective, and recommend which 

22 of the programs should be terminated or con23 solidated with other Federal discretionary 

24 spending programs; 

25 (D) determine the sum of— 


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1 (i) the total of the savings per fiscal 

2 year from the programs recommended 

3 under subparagraph (C) to be terminated, 

4 calculated as the total of the amounts ap5 propriated for fiscal year 2011 for those 

6 programs; and 

7 (ii) the total of the savings per fiscal 

8 year from the programs recommended 

9 under subparagraph (C) to be consoli10 dated, as estimated by the Director; and 

11 (E) ensure that the recommendations 

12 made under subparagraph (C) are sufficient to 

13 result in total savings recommended under this 

14 paragraph, per fiscal year, of not less than 

15 $100,000,000. 

16 (2) REPORT.—Not later than 45 days after the 

17 date of enactment of this Act, the Director shall 

18 submit to the appropriate officials a report con19 taining— 

20 (A) the results of each analysis under 

21 paragraph (1); 

22 (B) the determinations, and recommenda23 tions for terminations and consolidations, re24 sulting from the analysis; 


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1 (C) proposed legislative language to carry 

2 out the recommendations, and transfer funds 

3 from the terminated and consolidated programs 

4 to the Secretary of Labor, to carry out this Act; 

5 and 

6 (D) the total savings recommended under 

7 paragraph (1), per fiscal year. 

8 (3) APPROPRIATE OFFICIALS.—For purposes of 

9 paragraph (2), the appropriate officials are the 

10 President, the Vice President, the Speaker of the 

11 House of Representatives, and the majority and mi12 nority leaders of the House of Representatives and 

13 of the Senate. 

14 (b) PROCESS FOR CONSIDERATION OF TERMINATION

15 OR CONSOLIDATION OF ADDITIONAL PROGRAMS.— 

16 (1) INTRODUCTION.—The proposed legislative 

17 language submitted pursuant to subsection (a)(2) 

18 (referred to in this subsection as the ‘‘job training 

19 bill’’) shall be introduced in the Senate (by request) 

20 on the next day on which the Senate is in session 

21 by the majority leader of the Senate or by a Member 

22 of the Senate designated by the majority leader of 

23 the Senate and shall be introduced in the House of 

24 Representatives (by request) on the next legislative 

25 day by the majority leader of the House or by a 


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1 Member of the House designated by the majority 

2 leader of the House. 

3 (2) CONSIDERATION IN THE HOUSE OF REP4 RESENTATIVES.— 

5 (A) REFERRAL AND REPORTING.—Any 

6 committee of the House of Representatives to 

7 which the job training bill is referred shall re8 port it to the House without amendment not 

9 later than 60 days after the date of enactment 

10 of this Act. If a committee fails to report the 

11 job training bill within that period, it shall be 

12 in order to move that the House discharge the 

13 committee from further consideration of the 

14 bill. Such a motion shall not be in order after 

15 the last committee authorized to consider the 

16 bill reports it to the House or after the House 

17 has disposed of a motion to discharge the bill. 

18 The previous question shall be considered as or19 dered on the motion to its adoption without in20 tervening motion except 20 minutes of debate 

21 equally divided and controlled by the proponent 

22 and an opponent. If such a motion is adopted, 

23 the House shall proceed immediately to consider 

24 the job training bill in accordance with subpara25 graphs (B) and (C). A motion to reconsider the 


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1 vote by which the motion is disposed of shall 

2 not be in order. 

3 (B) PROCEEDING TO CONSIDERATION.— 

4 After the last committee authorized to consider 

5 a job training bill reports it to the House or has 

6 been discharged (other than by motion) from its 

7 consideration, it shall be in order to move to 

8 proceed to consider the job training bill in the 

9 House. Such a motion shall not be in order 

10 after the House has disposed of a motion to 

11 proceed with respect to the job training bill. 

12 The previous question shall be considered as or13 dered on the motion to its adoption without in14 tervening motion. A motion to reconsider the 

15 vote by which the motion is disposed of shall 

16 not be in order. 

17 (C) CONSIDERATION.—The job training 

18 bill shall be considered as read. All points of 

19 order against the job training bill and against 

20 its consideration are waived. The previous ques21 tion shall be considered as ordered on the job 

22 training bill to its passage without intervening 

23 motion except 2 hours of debate equally divided 

24 and controlled by the proponent and an oppo25 nent and one motion to limit debate on the job 


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1 training bill. A motion to reconsider the vote on 

2 passage of the job training bill shall not be in 

3 order. 

4 (D) VOTE ON PASSAGE.—The vote on pas5 sage of the job training bill shall occur not later 

6 than 75 days after the date of enactment of 

7 this Act. 

8 (3) EXPEDITED PROCEDURE IN THE SENATE.— 

9 (A) COMMITTEE CONSIDERATION.—A job 

10 training bill introduced in the Senate under 

11 paragraph (1) shall be jointly referred to the 

12 committee or committees of jurisdiction, which 

13 committees shall report the bill without any re14 vision and with a favorable recommendation, an 

15 unfavorable recommendation, or without rec16 ommendation, not later than 60 days after the 

17 date of enactment of this Act. If any committee 

18 fails to report the bill within that period, that 

19 committee shall be automatically discharged 

20 from consideration of the bill, and the bill shall 

21 be placed on the appropriate calendar. 

22 (B) MOTION TO PROCEED.—Notwith23 standing Rule XXII of the Standing Rules of 

24 the Senate, it is in order, not later than 2 days 

25 of session after the date on which a job training 


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1 bill is reported or discharged from all commit2 tees to which it was referred, for the majority 

3 leader of the Senate or the majority leader’s 

4 designee to move to proceed to the consider5 ation of the job training bill. It shall also be in 

6 order for any Member of the Senate to move to 

7 proceed to the consideration of the job training 

8 bill at any time after the conclusion of such 2- 

9 day period. A motion to proceed is in order 

10 even though a previous motion to the same ef11 fect has been disagreed to. All points of order 

12 against the motion to proceed to the job train13 ing bill are waived. The motion to proceed is 

14 not debatable. The motion is not subject to a 

15 motion to postpone. A motion to reconsider the 

16 vote by which the motion is agreed to or dis17 agreed to shall not be in order. If a motion to 

18 proceed to the consideration of the job training 

19 bill is agreed to, the job training bill shall re20 main the unfinished business until disposed of. 

21 (C) CONSIDERATION.—All points of order 

22 against the job training bill and against consid23 eration of the job training bill are waived. Con24 sideration of the job training bill and of all de25 batable motions and appeals in connection 


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1 therewith shall not exceed a total of 30 hours 

2 which shall be divided equally between the ma3 jority and minority leaders or their designees. A 

4 motion further to limit debate on the job train5 ing bill is in order, shall require an affirmative 

6 vote of three-fifths of the Members duly chosen 

7 and sworn, and is not debatable. Any debatable 

8 motion or appeal is debatable for not to exceed 

9 1 hour, to be divided equally between those fa10 voring and those opposing the motion or appeal. 

11 All time used for consideration of the job train12 ing bill, including time used for quorum calls 

13 and voting, shall be counted against the total 

14 30 hours of consideration. 

15 (D) NO AMENDMENTS.—An amendment to 

16 the job training bill, or a motion to postpone, 

17 or a motion to proceed to the consideration of 

18 other business, or a motion to recommit the job 

19 training bill, is not in order. 

20 (E) VOTE ON PASSAGE.—If the Senate has 

21 voted to proceed to the job training bill, the 

22 vote on passage of the job training bill shall 

23 occur immediately following the conclusion of 

24 the debate on a job training bill, and a single 

25 quorum call at the conclusion of the debate if 


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1 requested. The vote on passage of the job train2 ing bill shall occur not later than 75 days after 

3 the date of enactment of this Act. 

4 (F) RULINGS OF THE CHAIR ON PROCE5 DURE.—Appeals from the decisions of the Chair 

6 relating to the application of the rules of the 

7 Senate, as the case may be, to the procedure re8 lating to a job training bill shall be decided 

9 without debate. 

10 (4) AMENDMENT.—The job training bill shall 

11 not be subject to amendment in either the House of 

12 Representatives or the Senate. 

13 (5) CONSIDERATION BY THE OTHER HOUSE.— 

14 (A) IN GENERAL.—If, before passing the 

15 job training bill, one House receives from the 

16 other a job training bill— 

17 (i) the job training bill of the other 

18 House shall not be referred to a com19 mittee; and 

20 (ii) the procedure in the receiving 

21 House shall be the same as if no job train22 ing bill had been received from the other 

23 House until the vote on passage, when the 

24 job training bill received from the other 


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1 House shall supplant the job training bill 

2 of the receiving House. 

3 (B) REVENUE MEASURE.—This paragraph 

4 shall not apply to the House of Representatives 

5 if the job training bill received from the Senate 

6 is a revenue measure. 

7 (6) RULES TO COORDINATE ACTION WITH

8 OTHER HOUSE.— 

9 (A) TREATMENT OF JOB TRAINING BILL

10 OF OTHER HOUSE.—If the Senate fails to intro11 duce or consider a job training bill under this 

12 subsection, the job training bill of the House 

13 shall be entitled to expedited floor procedures 

14 under this subsection. 

15 (B) TREATMENT OF COMPANION MEAS16 URES IN THE SENATE.—If following passage of 

17 the job training bill in the Senate, the Senate 

18 then receives the job training bill from the 

19 House of Representatives, the House-passed job 

20 training bill shall not be debatable. The vote on 

21 passage of the job training bill in the Senate 

22 shall be considered to be the vote on passage of 

23 the job training bill received from the House of 

24 Representatives. 


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1 (C) VETOES.—If the President vetoes the 

2 job training bill, debate on a veto message in 

3 the Senate under this subsection shall be 1 

4 hour equally divided between the majority and 

5 minority leaders or their designees. 

6 (7) LOSS OF PRIVILEGE.—The provisions of 

7 this subsection shall cease to apply to the job train8 ing bill if— 

9 (A) the Director of the Office of Manage10 ment and Budget fails to submit the report or 

11 proposed legislative language required under 

12 section 5(a)(2) not later than 45 days after the 

13 date of enactment of this Act; or 

14 (B) the job training bill does not pass both 

15 Houses not later than 75 days after the date of 

16 enactment of this Act. 

17 SEC. 6. DISTRIBUTION OF FUNDS. 

18 (a) IN GENERAL.—Using the funds appropriated 

19 under section 4 for a fiscal year to carry out this Act, 

20 the Secretary of Labor shall— 

21 (1) reserve up to 1 percent for the costs of Fed22 eral administration and for carrying out rigorous 

23 evaluations of the activities conducted under this 

24 Act; and 


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1 (2) allot the remainder of the funds not re2 served under paragraph (1) in accordance with the 

3 requirements of subsection (b) and (c) to States that 

4 have approved plans under section 7. 

5 (b) ALLOTMENT FORMULA.— 

6 (1) FORMULA FACTORS.—The Secretary of 

7 Labor shall use the remainder described in sub8 section (a)(2) to make allotments to such States for 

9 a fiscal year as follows: 

10 (A) Two-thirds of such remainder shall be 

11 allotted on the basis of the relative number of 

12 unemployed individuals in each such State, 

13 compared to the total number of unemployed 

14 individuals in all such States. 

15 (B) One-third of such remainder shall be 

16 allotted on the basis of the relative number of 

17 individuals in each such State who have been 

18 unemployed for 27 weeks or more, compared to 

19 the total number of individuals in all such 

20 States who have been unemployed for 27 weeks 

21 or more. 

22 (2) CALCULATION.—For purposes of paragraph 

23 (1), the number of unemployed individuals and the 

24 number of individuals unemployed for 27 weeks or 


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1 more shall be based on the data for the most recent 

2 12-month period, as determined by the Secretary. 

3 (c) REALLOTMENT.— 

4 (1) FAILURE TO IMPLEMENT ACTIVITIES ON A

5 TIMELY BASIS.—The Secretary of Labor may, in ac6 cordance with procedures and criteria established by 

7 the Secretary, recapture the portion of a State allot8 ment made for a fiscal year under this Act that re9 mains unobligated if the Secretary determines that 

10 the funds made available through the allotment are 

11 not being obligated at a rate sufficient to meet the 

12 objectives of this Act. The Secretary shall reallot 

13 such recaptured funds to other States that are not 

14 subject to recapture, on the basis of the relative 

15 amount of the allotment received by each such State 

16 (as determined by the Secretary under subsection 

17 (b)), compared to the total amount of such allot18 ments received by all such States. 

19 (2) RECAPTURE OF FUNDS.—Funds recaptured 

20 under paragraph (1) during a fiscal year shall re21 main available for reobligation through December 31 

22 of the following year. 

23 SEC. 7. STATE PLAN. 

24 (a) IN GENERAL.—For a State to be eligible to re25 ceive an allotment under section 6, a State shall submit 


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1 to the Secretary of Labor a State plan in such form and 

2 containing such information as the Secretary may require, 

3 which at a minimum shall include— 

4 (1) a description of the activities to be carried 

5 out by the State to assist, through the State’s Learn 

6 to Earn program, in the reemployment of eligible in7 dividuals to be served in accordance with this Act, 

8 including information describing which of the activi9 ties authorized in section 8 the State intends to 

10 carry out and an estimate of the amounts the State 

11 intends to allocate to the activities, respectively; 

12 (2) a description of the performance outcomes 

13 to be achieved by the State through the activities 

14 carried out under this Act, including the employ15 ment outcomes to be achieved by participants, and 

16 the processes the State will use to track the per17 formance, consistent with guidance provided by the 

18 Secretary of Labor regarding such performance out19 comes and processes; 

20 (3) a description of how the State will coordi21 nate activities to be carried out under this Act with 

22 activities under title I of the Workforce Investment 

23 Act of 1998 (29 U.S.C. 2801 et seq.), the Wagner24 Peyser Act (29 U.S.C. 49 et seq.), and other appro25 priate Federal programs; 


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1 (4) the timelines for implementation of the ac2 tivities described in the plan and the number of eli3 gible EUC claimants expected to be enrolled in such 

4 activities, by calendar quarter; 

5 (5) assurances that the State will participate in 

6 the evaluation activities carried out by the Secretary 

7 of Labor under this Act; 

8 (6) assurances that the State will provide ap9 propriate reemployment services, including coun10 seling, to any EUC claimant who participates in any 

11 program authorized under this Act; and 

12 (7) assurances that the State will report such 

13 information as the Secretary may require relating to 

14 fiscal, performance, and other matters, including 

15 employment outcomes and effects, that the Secretary 

16 determines is necessary to effectively monitor the ac17 tivities carried out under this Act. 

18 (b) PLAN SUBMISSION AND APPROVAL.—A State 

19 shall submit a State plan under this section to the Sec20 retary of Labor for approval not later than 30 days after 

21 the Secretary issues guidance relating to submission of 

22 such a plan. The Secretary shall approve such a plan if 

23 the Secretary determines that the plan meets the require24 ments of this Act and is appropriate and adequate to carry 

25 out the objectives of this Act. 


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1 (c) PLAN MODIFICATIONS.—A State may submit 

2 modifications to a State plan that has been approved 

3 under this Act, and the Secretary of Labor may approve 

4 such modifications, if the plan as modified would meet the 

5 requirements of this Act and be appropriate and adequate 

6 to carry out the objectives of this Act. 

7 SEC. 8. LEARN TO EARN PROGRAM. 

8 (a) IN GENERAL.—A State shall use funds allotted 

9 to the State under this Act to establish and administer 

10 a State Learn to Earn program described in this section. 

11 (b) DESCRIPTION OF PROGRAM.—In order to in12 crease individuals’ opportunities to move to permanent 

13 employment, the State shall administer the State Learn 

14 to Earn program by providing an eligible EUC claimant 

15 with short-term work experience placements with an eligi16 ble employer, during which such individual— 

17 (1) shall receive emergency unemployment com18 pensation (as described under title IV of the Supple19 mental Appropriations Act, 2008 (Public Law 110– 

20 252; 26 U.S.C. 3304 note)), as wages for the work 

21 performed for the employer, as specified in sub22 sections (c) and (d); 

23 (2) shall be provided with any additional 

24 amount required pursuant to subsection (f) as aug25 mented wages for the work performed; and 


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1 (3) may be provided with compensation in addi2 tion to the amounts described in paragraphs (1) and 

3 (2) by the State or by the employer as wages for the 

4 work performed, as described in subsection 

5 (e)(2)(B). 

6 (c) PROGRAM ELIGIBILITY.—For purposes of the 

7 State Learn to Earn program described in subsection (b), 

8 an individual shall be considered to be an eligible EUC 

9 claimant for purposes of this Act and shall receive emer10 gency unemployment compensation as wages for the work 

11 performed during the individual’s voluntary participation 

12 in the program if such individual— 

13 (1) is otherwise eligible to receive emergency 

14 unemployment compensation payments under title 

15 IV of the Supplemental Appropriations Act, 2008; 

16 (2) elects to participate in the program; and 

17 (3) is a national of the United States, or alien 

18 lawfully admitted for permanent residence (as those 

19 terms are defined in section 101(a) of the Immigra20 tion and Nationality Act (8 U.S.C. 1101(a)). 

21 (d) PROGRAM REQUIREMENTS.— 

22 (1) IN GENERAL.—For purposes of the State 

23 Learn to Earn program described in subsection 

24 (b)— 


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1 (A) the wages payable to an individual 

2 under subsection (c) shall be paid from the 

3 emergency unemployment compensation account 

4 for such individual as described in section 4002 

5 of the Supplemental Appropriations Act, 2008, 

6 and the amount in that account shall be re7 duced accordingly; 

8 (B) the wages payable to an individual 

9 under subsection (c) shall be payable in the 

10 same amount, at the same intervals, on the 

11 same terms, and subject to the same conditions 

12 as under title IV of the Supplemental Appro13 priations Act, 2008, except that— 

14 (i) State requirements applied under 

15 such Act relating to disqualifying income 

16 are not applicable to compensation de17 scribed in subsection (b) if, subject to the 

18 limitations described in subparagraph (C), 

19 such individual participates in the program 

20 for not less than 300 hours; 

21 (ii) State requirements relating to 

22 availability for work, active search for 

23 work, and refusal to accept work are not 

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1 ployed for purposes of Federal and State 

2 laws applicable to emergency unemploy3 ment compensation; and 

4 (iii) State requirements applied under 

5 such Act relating to an individual’s accept6 ance of an offer of employment shall not 

7 apply with regard to an offer of employ8 ment for a period of 26 weeks or greater 

9 from a participating employer made to an 

10 individual who is participating in the pro11 gram in a work experience provided by 

12 such employer if the offer of employment is 

13 expected to commence or commences at the 

14 conclusion of the period described in sub15 paragraph (C)(i); 

16 (C) the program shall be structured so 

17 that individuals described in subsection (c) may 

18 participate in the program for— 

19 (i) not more than 10 weeks; and 

20 (ii) not more than 38 hours for each 

21 such week; 

22 (D) the State shall ensure that all individ23 uals participating in the program are covered 

24 by a workers’ compensation insurance program; 

25 and 


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1 (E) the program shall meet such other re2 quirements as established by the Secretary of 

3 Labor through guidance (as described in section 

4 9). 

5 (2) CERTIFICATION OF ELIGIBLE EMPLOYER.— 

6 A State may certify as eligible for participation in 

7 the program under this Act any employer that meets 

8 the eligibility criteria established by the Secretary of 

9 Labor through guidance (as described in section 9), 

10 except that an employer shall not be certified as eli11 gible for participation in the State program— 

12 (A) if such employer— 

13 (i) is a Federal, State, or local govern14 ment agency: 

15 (ii) would engage an eligible individual 

16 in work activities under any employer’s 

17 grant (including a subgrant) or contract 

18 (including a subcontract) with a Federal, 

19 State, or local government agency, except 

20 with regard to work activities under any 

21 employer’s contract for goods; 

22 (iii) is delinquent with respect to any 

23 taxes or employer contributions under sec24 tion 3301 or 3303(a)(1) of the Internal 


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1 Revenue Code of 1986 or with respect to 

2 any related reporting requirements; 

3 (iv) is engaged in the business of sup4 plying workers to other employers and 

5 would participate in the program for the 

6 purpose of supplying individuals partici7 pating in the program to other employers; 

8 or 

9 (v) has previously participated in the 

10 program and the State has determined 

11 that such employer has failed to meet any 

12 of the requirements specified in subsection 

13 (h) or (i), or any other requirements that 

14 the Secretary may establish for employers 

15 under paragraph (1)(E); and 

16 (B) unless such employer provides assur17 ances that the employer will not participate in 

18 the program in a manner that violates the re19 quirements of subsection (h). 

20 (e) AUTHORIZED ACTIVITIES.—A State that receives 

21 an allotment under this Act for a State Learn to Earn 

22 program— 

23 (1) shall use the funds made available through 

24 the allotment to— 


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1 (A) recruit employers for participation in 

2 the program; 

3 (B) review and certify eligible employers 

4 for the program, including employers identified 

5 by eligible individuals seeking to participate in 

6 the program; 

7 (C) ensure that reemployment and coun8 seling services are available for participants, in9 cluding services describing the State program 

10 prior to an individual’s participation in such 

11 program; 

12 (D) establish and implement processes to 

13 monitor the progress and performance of indi14 vidual participants for the duration of the pro15 gram; 

16 (E) prevent misuse of the program; and 

17 (F) provide augmented wages to partici18 pants pursuant to subsection (f); and 

19 (2) may use the funds made available through 

20 the allotment— 

21 (A) to pay workers’ compensation insur22 ance premiums to cover all participants in the 

23 program, except that, if a State opts not to 

24 make such payments directly to a State admin25 istered workers’ compensation program, the 


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1 State involved shall describe in the State plan 

2 the means by which such State shall ensure 

3 workers’ compensation or equivalent coverage 

4 for all participants in the program; 

5 (B) to provide compensation to a partici6 pant in addition to the amounts described in 

7 subsections (c) and (f) as wages for work per8 formed during participation in the program; 

9 (C) to provide supportive services, such as 

10 transportation, child care, and dependent care, 

11 to enable individuals to participate in the pro12 gram; 

13 (D) for the administration and oversight of 

14 the program; and 

15 (E) to fulfill additional program require16 ments included in the approved State plan. 

17 (f) PROVISION OF AUGMENTED WAGES IF NEC18 ESSARY.—In a case in which the wages described in sub19 section (c) for a participant are not sufficient to equal or 

20 exceed an amount (referred to in this subsection as the 

21 ‘‘applicable minimum wages amount’’) equal to the min22 imum wages that are required to be paid by an employer 

23 under section 6(a)(1) of the Fair Labor Standards Act 

24 of 1938 (29 U.S.C. 206(a)(1)) or the minimum wages that 

25 are so required under the applicable State or local minVerDate Mar 15 2010 00:41 Oct 22, 2011 Jkt 019200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S1743.IS S1743

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1 imum wage law, whichever are higher, a State shall pro2 vide augmented wages to a participant in any amount nec3 essary to cover the difference between— 

4 (1) the applicable minimum wages amount; and 

5 (2) the wages payable under subsection (c). 

6 (g) EFFECT OF WAGES ON ELIGIBILITY FOR OTHER

7 PROGRAMS.—None of the amounts provided under this 

8 section shall be considered as income for the purposes of 

9 determining eligibility for and the amount of financial as10 sistance and in-kind aid furnished under any Federal or 

11 federally assisted program based on income. 

12 (h) NONDISPLACEMENT OF EMPLOYEES.— 

13 (1) PROHIBITION.—A participating employer 

14 shall not use a participant to displace (including a 

15 partial displacement, such as a reduction in the 

16 hours of nonovertime work, wages, or employment 

17 benefits) any current employee (as of the date of the 

18 participation). 

19 (2) OTHER PROHIBITIONS.—A participating 

20 employer shall not permit a participant to perform 

21 work activities related to any job if— 

22 (A) any other individual is on layoff from 

23 the same or any substantially equivalent job; 

24 (B) the employer has terminated the em25 ployment of any employee or otherwise reduced 


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1 the workforce of the employer with the inten2 tion of filling (including partially filling) the va3 cancy so created with a participant performing 

4 work activities; 

5 (C) there is a strike or lockout at the 

6 worksite that is the participant’s workplace; or 

7 (D) the job is created in a manner that 

8 will infringe in any way upon the promotional 

9 opportunities of currently employed individuals 

10 (as of the date of the participation). 

11 (i) PROHIBITION ON IMPAIRMENT OF CONTRACTS.— 

12 A participating employer shall not, by participating in the 

13 program described in subsection (b), impair an existing 

14 contract for services or collective bargaining agreement, 

15 and no such activity that would be inconsistent with the 

16 terms of a collective bargaining agreement shall be under17 taken without the written concurrence of the labor organi18 zation that is the signatory to the collective bargaining 

19 agreement. 

20 (j) FAILURE TO MEET PROGRAM REQUIREMENTS.— 

21 If a State makes a determination based on information 

22 provided to the State, or acquired by the State by means 

23 of its administration and oversight functions, that a par24 ticipating employer under this section has violated a re25 quirement of this section, the State shall bar such emVerDate Mar 15 2010 00:41 Oct 22, 2011 Jkt 019200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S1743.IS S1743

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1 ployer from further participation in the program. The 

2 State shall establish a process under which an individual 

3 described in subsection (c), or any other affected indi4 vidual or entity, may file a complaint with the State relat5 ing to a violation of any requirement (including a prohibi6 tion) of this section. 

7 (k) PARTICIPANT OPTION TO TERMINATE PARTICI8 PATION IN LEARN TO EARN PROGRAM.— 

9 (1) TERMINATION.—An individual who is par10 ticipating in a program described in subsection (b) 

11 may elect to discontinue participation in such pro12 gram. 

13 (2) CONTINUED ELIGIBILITY FOR EMERGENCY

14 UNEMPLOYMENT COMPENSATION.—In the case of an 

15 individual who elects to discontinue participation in 

16 such program, is terminated from such program by 

17 a participating employer, or who has completed par18 ticipation in such program pursuant to subsection 

19 (d)(1)(C)(i), if such individual continues to satisfy 

20 the eligibility requirements for emergency unemploy21 ment compensation under title IV of the Supple22 mental Appropriations Act, 2008, the individual 

23 shall receive emergency unemployment compensation 

24 payments with respect to subsequent weeks of unem25 ployment, to the extent that amounts remain in the 


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1 account established for such individual under section 

2 4002(b) of such Act or to the extent that such indi3 vidual commences receiving the amounts described 

4 in subsections (c), (d), or (e) of such section, respec5 tively. 

6 (l) EFFECT OF OTHER LAWS.—Unless otherwise pro7 vided in this section, nothing in this section shall be con8 strued to alter or affect the rights or obligations under 

9 any Federal, State, or local law with respect to any indi10 vidual described in subsection (c) or with respect to any 

11 participating employer under this section. 

12 (m) TREATMENT OF PAYMENTS.—All wages or other 

13 payments to an individual under this section shall be treat14 ed as payments of unemployment insurance for purposes 

15 of section 209 of the Social Security Act (42 U.S.C. 409) 

16 and for purposes of subtitle A and sections 3101 and 3111 

17 of the Internal Revenue Code of 1986. 

18 SEC. 9. GUIDANCE AND ADDITIONAL REQUIREMENTS. 

19 The Secretary of Labor may establish through guid20 ance, without regard to the requirements of section 553 

21 of title 5, United States Code, such additional require22 ments, including reporting requirements, as the Secretary 

23 determines to be necessary to ensure fiscal integrity, effec24 tive monitoring, and appropriate and prompt implementa25 tion of the activities under this Act. 


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1 SEC. 10. EMERGENCY DESIGNATIONS. 

2 (a) EMERGENCY DESIGNATION FOR CONGRESSIONAL

3 ENFORCEMENT.—This Act is designated as an emergency 

4 for purposes of pay-as-you-go principles. In the Senate, 

5 this Act is designated as an emergency requirement pursu6 ant to sections 403(a) and 423(b) of S. Con. Res. 13 

7 (111th Congress), the concurrent resolution on the budget 

8 for fiscal year 2010. 

9 (b) EMERGENCY DESIGNATION FOR STATUTORY

10 PAYGO.—This Act is designated as an emergency re11 quirement pursuant to section 4(g) of the Statutory Pay12 As-You-Go Act of 2010 (2 U.S.C. 933(g)). 

13 SEC. 11. TERMINATION. 

14 This Act shall terminate on October 1, 2015. 

Æ 


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