II 

112TH CONGRESS 

1ST SESSION S. 1861 

To provide subsidized employment for unemployed, low-income adults, provide 

summer employment and year-round employment opportunities for lowincome youth, and carry out work-related and educational strategies 

and activities of demonstrated effectiveness, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 15, 2011 

Mr. BLUMENTHAL introduced the following bill; which was read twice and 

referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To provide subsidized employment for unemployed, low-income adults, provide summer employment and yearround employment opportunities for low-income youth, 

and carry out work-related and educational strategies 

and activities of demonstrated effectiveness, 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 ‘‘Pathways Back to 

5 Work Act of 2011’’. 


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1 SEC. 2. ESTABLISHMENT OF PATHWAYS BACK TO WORK 

2 FUND. 

3 (a) ESTABLISHMENT.—There is established in the 

4 Treasury of the United States an account, which shall be 

5 known as the Pathways Back to Work Fund (referred to 

6 in this Act as ‘‘the Fund’’), consisting of the amounts as 

7 are paid to the Fund under subsection (b). 

8 (b) PAYMENT INTO THE FUND.—Out of any amounts 

9 in the general fund of the Treasury not otherwise appro10 priated, there is appropriated $5,000,000,000, which shall 

11 be paid to the Fund, to be used by the Secretary of Labor 

12 to carry out this Act. 

13 (c) PERIOD OF AVAILABILITY.—The amounts appro14 priated under this Act shall be available for obligation by 

15 the Secretary of Labor through December 31, 2012, and 

16 shall be available for expenditure by recipients of grants 

17 and subgrants under this Act through September 30, 

18 2013. 

19 SEC. 3. AVAILABILITY OF FUNDS. 

20 (a) IN GENERAL.—Using the amounts available 

21 through the Fund under section 2(b), the Secretary of 

22 Labor shall, subject to subsection (b)— 

23 (1) allot $2,000,000,000 in accordance with 

24 section 4 to provide subsidized employment to unem25 ployed, low-income adults; 


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1 (2) allot $1,500,000,000 in accordance with 

2 section 5 to provide summer employment and year3 round employment opportunities to low-income 

4 youth; and 

5 (3) use $1,500,000,000 in accordance with sec6 tion 6 to award grants on a competitive basis to 

7 local entities to carry out work-based training and 

8 other work-related and educational strategies and 

9 activities of demonstrated effectiveness to unem10 ployed, low-income adults and low-income youth to 

11 provide the skills and assistance needed to obtain 

12 employment. 

13 (b) RESERVATION.—The Secretary of Labor may re14 serve not more than 1 percent of the amounts available 

15 through the Fund under each of paragraphs (1) through 

16 (3) of subsection (a) to pay for the costs of technical as17 sistance, evaluations, and Federal administration of this 

18 Act. 

19 SEC. 4. SUBSIDIZED EMPLOYMENT FOR UNEMPLOYED, 

20 LOW-INCOME ADULTS. 

21 (a) IN GENERAL.— 

22 (1) ALLOTMENTS.—From the funds available 

23 under section 3(a)(1), the Secretary of Labor shall 

24 make an allotment under subsection (b) to each 

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1 section (c) and to each outlying area and recipient 

2 under section 166(c) of the Workforce Investment 

3 Act of 1998 (29 U.S.C. 2911(c)) that meets the re4 quirements of this section, for the purpose of pro5 viding subsidized employment opportunities to unem6 ployed, low-income adults. 

7 (2) GUIDANCE.—Not later than 30 days after 

8 the date of enactment of this Act, the Secretary of 

9 Labor, in coordination with the Secretary of Health 

10 and Human Services, shall issue guidance regarding 

11 the implementation of this section. Such guidance 

12 shall, consistent with this section, include procedures 

13 for the submission and approval of State and local 

14 plans and the allotment and allocation of funds, in15 cluding reallotment and reallocation of such funds, 

16 that promote the expeditious and effective implemen17 tation of the activities authorized under this section. 

18 (b) STATE ALLOTMENTS.— 

19 (1) RESERVATIONS FOR OUTLYING AREAS AND

20 TRIBES.—Of the funds described in subsection 

21 (a)(1), the Secretary shall reserve— 

(A) not more than 1 22 ⁄4 of 1 percent to pro23 vide assistance to outlying areas to provide sub24 sidized employment to unemployed, low-income 

25 adults; and 


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1 (B) 1.5 percent to provide assistance to re2 cipients under section 166(c) of the Workforce 

3 Investment Act of 1998 (relating to Native 

4 Americans; 29 U.S.C. 2911(c)) to provide sub5 sidized employment to unemployed, low-income 

6 adults. 

7 (2) STATES.—After determining the amounts to 

8 be reserved under section 3(b) and paragraph (1), 

9 the Secretary of Labor shall allot the remainder of 

10 the funds described in subsection (a)(1) among the 

11 States by allotting— 

12 (A) one-third on the basis of the relative 

13 number of unemployed individuals in areas of 

14 substantial unemployment in each State, com15 pared to the total number of unemployed indi16 viduals in areas of substantial unemployment in 

17 all States; 

18 (B) one-third on the basis of the relative 

19 excess number of unemployed individuals in 

20 each State, compared to the total excess num21 ber of unemployed individuals in all States; and 

22 (C) one-third on the basis of the relative 

23 number of disadvantaged adults and youth in 

24 each State, compared to the total number of 

25 disadvantaged adults and youth in all States. 


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1 (3) DEFINITIONS.—For purposes of the for2 mula described in paragraph (2)— 

3 (A) AREA OF SUBSTANTIAL UNEMPLOY4 MENT.—The term ‘‘area of substantial unem5 ployment’’ means any contiguous area that has 

6 a population of at least 10,000, and that has an 

7 average rate of unemployment of at least 6.5 

8 percent for the most recent 12 months, as de9 termined by the Secretary. 

10 (B) DISADVANTAGED ADULT OR YOUTH.— 

11 The term ‘‘disadvantaged adult or youth’’ 

12 means an individual who is age 16 or older 

13 (subject to section 132(b)(1)(B)(v)(I) of the 

14 Workforce Investment Act of 1998 (29 U.S.C. 

15 2862(b)(1)(B)(v)(I))) who received an income, 

16 or is a member of a family that received a total 

17 family income, that, in relation to family size, 

18 does not exceed the higher of— 

19 (i) the poverty line; or 

20 (ii) 70 percent of the lower living 

21 standard income level. 

22 (C) EXCESS NUMBER.—The term ‘‘excess 

23 number’’ means, used with respect to unem24 ployed individuals in a State, the higher of— 


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1 (i) the number that represents the 

2 number of unemployed individuals in ex3 cess of 4.5 percent of the civilian labor 

4 force in the State; or 

5 (ii) the number that represents the 

6 number of unemployed individuals in ex7 cess of 4.5 percent of the civilian labor 

8 force in areas of substantial unemployment 

9 in such State. 

10 (4) REALLOTMENT.—If the Governor of a State 

11 does not submit a State plan by the date specified 

12 in subsection (c)(2)(B), or a State does not receive 

13 approval of a State plan, the amount the State 

14 would have been eligible to receive pursuant to the 

15 formula under paragraph (2) shall be transferred 

16 within the Fund and added to the amounts available 

17 for competitive grants under section 3(a)(3). 

18 (c) STATE PLAN.— 

19 (1) IN GENERAL.—For a State to be eligible to 

20 receive an allotment of funds under subsection (b), 

21 the Governor of the State shall submit to the Sec22 retary of Labor a State plan in such form and con23 taining such information as the Secretary may re24 quire. At a minimum, such plan shall include— 


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1 (A) a description of the strategies and ac2 tivities to be carried out by the State, in coordi3 nation with employers in the State, to provide 

4 subsidized employment opportunities to unem5 ployed, low-income adults, including strategies 

6 relating to the level and duration of subsidies 

7 consistent with subsection (e)(2); 

8 (B) a description of the requirements the 

9 State will apply relating to the eligibility of un10 employed, low-income adults, consistent with 

11 section 8, for subsidized employment opportuni12 ties, which requirements may include criteria to 

13 target assistance to particular categories of 

14 such adults, such as individuals with disabilities 

15 or individuals who have exhausted all rights to 

16 unemployment compensation; 

17 (C) a description of how the funds allotted 

18 to provide subsidized employment opportunities 

19 will be administered in the State and (if admin20 istered by entities described in subsection 

21 (d)(1)(A)) in local areas, in accordance with 

22 subsection (d); 

23 (D) a description of the performance out24 comes to be achieved by the State through the 

25 activities carried out under this section and the 


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1 processes the State will use to track perform2 ance, consistent with guidance provided by the 

3 Secretary of Labor regarding such outcomes 

4 and processes and with section 7(b); 

5 (E) a description of the coordination of ac6 tivities to be carried out with the funds pro7 vided under this section with activities under 

8 title I of the Workforce Investment Act of 1998 

9 (29 U.S.C. 2801 et seq.), the program of block 

10 grants to States for temporary assistance for 

11 needy families established under part A of title 

12 IV of the Social Security Act (referred to in 

13 this Act as the ‘‘TANF program’’; 42 U.S.C. 

14 601 et seq.) and other appropriate Federal and 

15 State programs that may assist unemployed, 

16 low-income adults in obtaining and retaining 

17 employment; 

18 (F) a description of the timelines for im19 plementation of the activities described in sub20 paragraph (A), and the number of unemployed, 

21 low-income adults expected to be placed in sub22 sidized employment by calendar quarter; 

23 (G) assurances that the State will report 

24 such information as the Secretary of Labor may 

25 require relating to fiscal, performance, and 


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1 other matters as the Secretary determines is 

2 necessary to effectively monitor the activities 

3 carried out under this section; and 

4 (H) assurances that the State will ensure 

5 compliance with the requirements, restrictions, 

6 labor standards, and other provisions described 

7 in section 7(a). 

8 (2) SUBMISSION AND APPROVAL OF STATE

9 PLAN.— 

10 (A) SUBMISSION WITH OTHER PLANS.— 

11 The State plan described in paragraph (1) may 

12 be submitted in conjunction with the State plan 

13 modification or other request for funds by the 

14 State required under section 5, and may be 

15 submitted as a modification to a State plan 

16 that has been approved under section 112 of 

17 the Workforce Investment Act of 1998 (29 

18 U.S.C. 2822). 

19 (B) SUBMISSION AND APPROVAL.— 

20 (i) SUBMISSION.—The Governor shall 

21 submit the State plan described in para22 graph (1) to the Secretary of Labor not 

23 later than 75 days after the date of enact24 ment of this Act and the Secretary of 

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1 ing the approval or disapproval of such 

2 plan not later than 45 days after the sub3 mission of such plan. If the plan is dis4 approved, the Secretary of Labor may pro5 vide a reasonable period of time in which 

6 the plan may be amended and resubmitted 

7 for approval. 

8 (ii) APPROVAL.—The Secretary of 

9 Labor shall approve a State plan that the 

10 Secretary determines is consistent with the 

11 requirements of this section and reasonably 

12 appropriate and adequate to carry out the 

13 objectives of this section. If the plan is ap14 proved, the Secretary shall allot funds to 

15 the State under subsection (b) within 30 

16 days after such approval. 

17 (3) MODIFICATIONS TO STATE PLAN.—The 

18 Governor may submit a modification to a State plan 

19 under this subsection, consistent with the require20 ments of this section. 

21 (d) ADMINISTRATION WITHIN THE STATE.— 

22 (1) OPTION.—The State may administer the 

23 funds for activities under this section through— 

24 (A) the State and local entities responsible 

25 for the administration of the formula program 


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1 of workforce investment activities for adults 

2 under subtitle B of title I of the Workforce In3 vestment Act of 1998; 

4 (B) the State agency or agencies respon5 sible for the administration of the TANF pro6 gram; or 

7 (C) a combination of the entities and agen8 cy or agencies described in subparagraphs (A) 

9 and (B). 

10 (2) WITHIN-STATE ALLOCATIONS.— 

11 (A) ALLOCATION OF FUNDS.—The Gov12 ernor may reserve not more than 5 percent of 

13 the funds made available through the allotment 

14 under subsection (b)(2), for administration and 

15 technical assistance, and shall allocate the re16 mainder, in accordance with the option elected 

17 under paragraph (1)— 

18 (i) among local workforce investment 

19 areas within the State in accordance with 

20 subparagraphs (A), (B), and (C) of sub21 section (b)(2), except that for purposes of 

22 such allocation references to a State in 

23 such subsection shall be deemed to be ref24 erences to a local workforce investment 

25 area and references to all States shall be 


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1 deemed to be references to all local work2 force investment areas in the State in3 volved, and not more than 10 percent of 

4 the funds so allocated to a local workforce 

5 investment area may be used for the costs 

6 of administration of this section; or 

7 (ii) through entities responsible for 

8 the provision of services under the TANF 

9 program to local populations in such man10 ner as the State agency or agencies re11 sponsible for the administration of the 

12 TANF program may determine to be ap13 propriate. 

14 (B) LOCAL PLANS.— 

15 (i) IN GENERAL.—In a case in which 

16 the responsibility for the administration of 

17 the activities described in subsection (e) is 

18 to be carried out by the entities described 

19 in paragraph (1)(A), in order to receive an 

20 allocation under subparagraph (A)(i), a 

21 local workforce investment board, in part22 nership with the chief elected official of the 

23 local workforce investment area involved, 

24 shall submit to the Governor a local plan 

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1 tion not later than 30 days after the sub2 mission of the State plan. Such local plan 

3 may be submitted as a modification to a 

4 local plan approved under section 118 of 

5 the Workforce Investment Act of 1998 (29 

6 U.S.C. 2828). 

7 (ii) CONTENTS.—The local plan de8 scribed in clause (i) shall contain the infor9 mation described in subparagraphs (A) 

10 through (H) of subsection (c)(1), as ap11 plied to the local workforce investment 

12 area. 

13 (iii) APPROVAL.—The Governor shall 

14 approve or disapprove the local plan sub15 mitted under clause (i) not later than a 

16 date (referred to in this clause as the 

17 ‘‘final determination date’’) that is the 

18 later of the 30th day after the submission 

19 of the local plan or the 30th day after the 

20 approval of the State plan. The Governor 

21 shall approve the local plan unless the Gov22 ernor determines that the plan is incon23 sistent with the requirements of this sec24 tion or is not reasonably appropriate and 

25 adequate to carry out the objectives of this 


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1 section. If the Governor has not made a 

2 determination by the final determination 

3 date, the plan shall be considered to be ap4 proved. If the plan is disapproved, the Gov5 ernor may provide a reasonable period of 

6 time in which the plan may be amended 

7 and resubmitted for approval. If the plan 

8 is approved, the Governor shall allocate 

9 funds to the local workforce investment 

10 area involved under subparagraph (A)(i) 

11 within 30 days after such approval. 

12 (C) REALLOCATION OF FUNDS TO LOCAL

13 WORKFORCE INVESTMENT AREAS.—If a local 

14 workforce investment board and chief elected 

15 official do not submit a local plan by the date 

16 specified in subparagraph (B)(i), or the Gov17 ernor disapproves a local plan, the amount the 

18 local workforce investment area would have 

19 been eligible to receive pursuant to the formula 

20 under subparagraph (A)(i) shall be allocated to 

21 local workforce investment areas that receive 

22 approval of their local plans under subpara23 graph (B). Each such local workforce invest24 ment area shall receive a share of the total 

25 amount available for reallocation under this 


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1 subparagraph, in accordance with the area’s 

2 share of the total amount allocated under sub3 paragraph (A)(i) to such local workforce invest4 ment areas. 

5 (e) USE OF FUNDS.— 

6 (1) IN GENERAL.—The funds made available 

7 under this section shall be used to provide subsidized 

8 employment for unemployed, low-income adults. The 

9 entities described in subsection (d)(1) may use a va10 riety of strategies in recruiting employers and identi11 fying appropriate employment opportunities, but 

12 shall give priority to providing employment opportu13 nities likely to lead to unsubsidized employment in 

14 emerging or in-demand occupations in the area 

15 served through the grant involved. Funds made 

16 available under this section may be used to provide 

17 support services, such as transportation and child 

18 care, that are necessary to enable the participation 

19 of such adults in subsidized employment opportuni20 ties. 

21 (2) LEVEL OF SUBSIDY AND DURATION.—The 

22 entities described in subsection (d)(1) may deter23 mine the percentage of the wages and costs of em24 ploying a participant for which an employer may re25 ceive a subsidy with the funds made available under 


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1 this section, and the duration of such subsidy, in ac2 cordance with guidance issued by the Secretary in 

3 coordination with the Secretary of Health and 

4 Human Services. The entities may establish criteria 

5 for determining such percentage or duration, using 

6 appropriate factors such as the size of the employer 

7 and types of employment. 

8 (f) COORDINATION OF FEDERAL ADMINISTRATION.— 

9 The Secretary of Labor shall administer this section in 

10 coordination with the Secretary of Health and Human 

11 Services to ensure the effective implementation of this sec12 tion. 

13 SEC. 5. SUMMER EMPLOYMENT AND YEAR-ROUND EMPLOY14 MENT OPPORTUNITIES FOR LOW-INCOME 

15 YOUTH. 

16 (a) IN GENERAL.—From the funds available under 

17 section 3(a)(2), the Secretary of Labor shall make an al18 lotment under subsection (c) to each State that has a 

19 modification to a State plan approved under section 112 

20 of the Workforce Investment Act of 1998 (29 U.S.C. 

21 2822) (referred to in this section as a ‘‘State plan modi22 fication’’) (or other State request for funds specified in 

23 guidance under subsection (b)) approved under subsection 

24 (d) and to each outlying area and recipient under section 

25 166(c) of the Workforce Investment Act of 1998 (29 


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1 U.S.C. 2911(c)) (referred to in this section as a ‘‘Native 

2 American grantee’’) that meets the requirements of this 

3 section, for the purpose of providing summer employment 

4 and year-round employment opportunities to low-income 

5 youth. 

6 (b) GUIDANCE AND APPLICATION OF REQUIRE7 MENTS.— 

8 (1) GUIDANCE.—Not later than 20 days after 

9 the date of enactment of this Act, the Secretary of 

10 Labor shall issue guidance regarding the implemen11 tation of this section. 

12 (2) PROCEDURES.—Such guidance shall, con13 sistent with this section, include procedures for— 

14 (A) the submission and approval of State 

15 plan modifications, for such other forms of re16 quests for funds by the State as may be identi17 fied in such guidance, for modifications to local 

18 plans approved under section 118 of the Work19 force Investment Act of 1998 (29 U.S.C. 2833) 

20 (referred to individually in this section as a 

21 ‘‘local plan modification’’), or for such other 

22 forms of requests for funds by local workforce 

23 investment areas as may be identified in such 

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1 fective implementation of the activities author2 ized under this section; and 

3 (B) the allotment and allocation of funds, 

4 including reallotment and reallocation of such 

5 funds that promote such implementation. 

6 (3) REQUIREMENTS.—Except as otherwise pro7 vided in the guidance described in paragraph (1) 

8 and in this section and other provisions of this Act, 

9 the funds provided for activities under this section 

10 shall be administered in accordance with the provi11 sions of subtitles B and E of title I of the Workforce 

12 Investment Act of 1998 (29 U.S.C. 2811 et seq., 

13 2911 et seq.) relating to youth activities. 

14 (c) STATE ALLOTMENTS.— 

15 (1) RESERVATIONS FOR OUTLYING AREAS AND

16 TRIBES.—Of the funds described in subsection (a), 

17 the Secretary shall reserve— 

(A) not more than 1 18 ⁄4 of 1 percent to pro19 vide assistance to outlying areas to provide 

20 summer employment and year-round employ21 ment opportunities to low-income youth; and 

22 (B) 1.5 percent to provide assistance to 

23 Native American grantees to provide summer 

24 employment and year-round employment oppor25 tunities to low-income youth. 


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1 (2) STATES.—After determining the amounts to 

2 be reserved under section 3(b) and paragraph (1), 

3 the Secretary of Labor shall allot the remainder of 

4 the funds described in subsection (a) among the 

5 States in accordance with the subparagraphs (A), 

6 (B), and (C) of section 4(b)(2). 

7 (3) REALLOTMENT.—If the Governor of a State 

8 does not submit a State plan modification or other 

9 State request for funds specified in guidance under 

10 subsection (b) by the date specified in subsection 

11 (d)(2)(B), or a State does not receive approval of 

12 such State plan modification or request, the amount 

13 the State would have been eligible to receive pursu14 ant to the formula under paragraph (2) shall be 

15 transferred within the Fund and added to the 

16 amounts available for competitive grants under sec17 tion 3(a)(3). 

18 (d) STATE PLAN MODIFICATION.— 

19 (1) IN GENERAL.—For a State to be eligible to 

20 receive an allotment of funds under subsection (c), 

21 the Governor of the State shall submit to the Sec22 retary of Labor a State plan modification, or other 

23 State request for funds specified in guidance under 

24 subsection (b), in such form and containing such in25 formation as the Secretary may require. At a minVerDate Mar 15 2010 04:25 Nov 17, 2011 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S1861.IS S1861

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1 imum, such State plan modification or request shall 

2 include— 

3 (A) a description of the strategies and ac4 tivities to be carried out to provide summer em5 ployment opportunities and year-round employ6 ment opportunities, including linkages to train7 ing and educational activities, consistent with 

8 subsection (f); 

9 (B) a description of the requirements the 

10 States will apply relating to the eligibility of 

11 low-income youth, consistent with section 8, for 

12 summer employment opportunities and year13 round employment opportunities, which require14 ments may include criteria to target assistance 

15 to particular categories of such low-income 

16 youth, such as youth with disabilities, con17 sistent with subsection (f); 

18 (C) a description of the performance out19 comes to be achieved by the State through the 

20 activities carried out under this section and the 

21 processes the State will use to track perform22 ance, consistent with guidance provided by the 

23 Secretary of Labor regarding such outcomes 

24 and processes and with section 7(b); 


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1 (D) a description of the timelines for im2 plementation of the activities described in sub3 paragraph (A), and the number of low-income 

4 youth expected to be placed in summer employ5 ment opportunities, and year-round employment 

6 opportunities, respectively, by calendar quarter; 

7 (E) assurances that the State will report 

8 such information as the Secretary may require 

9 relating to fiscal, performance, and other mat10 ters as the Secretary determines is necessary to 

11 effectively monitor the activities carried out 

12 under this section; 

13 (F) assurances that the State will ensure 

14 compliance with the requirements, restrictions, 

15 labor standards, and other provisions described 

16 in section 7(a); and 

17 (G) for any employment opportunity that 

18 will provide participants with an industry-recog19 nized credential, a description of the credential. 

20 (2) SUBMISSION AND APPROVAL OF STATE

21 PLAN MODIFICATION OR REQUEST.— 

22 (A) SUBMISSION.—The Governor shall 

23 submit the State plan modification or other 

24 State request for funds specified in guidance 

25 under subsection (b) to the Secretary of Labor 


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1 not later than 30 days after the issuance of 

2 such guidance. The State plan modification or 

3 other State request for funds may be submitted 

4 in conjunction with the State plan required 

5 under section 4. 

6 (B) APPROVAL.—The Secretary of Labor 

7 shall approve the State plan modification or re8 quest submitted under subparagraph (A) within 

9 30 days after submission, unless the Secretary 

10 determines that the plan or request is incon11 sistent with the requirements of this section. If 

12 the Secretary has not made a determination 

13 within that 30-day period, the plan or request 

14 shall be considered to be approved. If the plan 

15 or request is disapproved, the Secretary may 

16 provide a reasonable period of time in which the 

17 plan or request may be amended and resub18 mitted for approval. If the plan or request is 

19 approved, the Secretary shall allot funds to the 

20 State under subsection (c) within 30 days after 

21 such approval. 

22 (3) MODIFICATIONS TO STATE PLAN OR RE23 QUEST.—The Governor may submit further modi24 fications to a State plan modification or other State 


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1 request for funds specified under subsection (b), 

2 consistent with the requirements of this section. 

3 (e) WITHIN-STATE ALLOCATION AND ADMINISTRA4 TION.— 

5 (1) IN GENERAL.—Of the funds allotted to the 

6 State under subsection (c), the Governor— 

7 (A) may reserve not more than 5 percent 

8 of the funds for administration and technical 

9 assistance; and 

10 (B) shall allocate the remainder of the 

11 funds among local workforce investment areas 

12 within the State in accordance with subpara13 graphs (A), (B), and (C) of section 4(b)(2), ex14 cept that for purposes of such allocation ref15 erences to a State in such subsection shall be 

16 deemed to be references to a local workforce in17 vestment area and references to all States shall 

18 be deemed to be references to all local work19 force investment areas in the State involved. 

20 Not more than 10 percent of the funds so allo21 cated to a local workforce investment area may 

22 be used for the costs of administration of this 

23 section. 

24 (2) LOCAL PLAN.— 


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1 (A) SUBMISSION.—In order to receive an 

2 allocation under paragraph (1)(B), the local 

3 workforce investment board, in partnership with 

4 the chief elected official for the local workforce 

5 investment area involved, shall submit to the 

6 Governor a local plan modification, or such 

7 other request for funds by local workforce in8 vestment areas as may be specified in guidance 

9 under subsection (b), not later than 30 days 

10 after the submission by the State of the State 

11 plan modification or other State request for 

12 funds specified in guidance under subsection 

13 (b), describing the strategies and activities to be 

14 carried out under this section. 

15 (B) APPROVAL.—The Governor shall ap16 prove the local plan modification or other local 

17 request for funds submitted under subpara18 graph (A) within 30 days after submission, un19 less the Governor determines that the plan or 

20 request is inconsistent with requirements of this 

21 section. If the Governor has not made a deter22 mination within that 30-day period, the plan 

23 shall be considered to be approved. If the plan 

24 or request is disapproved, the Governor may 

25 provide a reasonable period of time in which the 


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1 plan or request may be amended and resub2 mitted for approval. If the plan or request is 

3 approved, the Governor shall allocate funds to 

4 the local workforce investment area within 30 

5 days after such approval. 

6 (3) REALLOCATION.—If a local workforce in7 vestment board and chief elected official do not sub8 mit a local plan modification (or other local request 

9 for funds specified in guidance under subsection (b)) 

10 by the date specified in paragraph (2), or the Gov11 ernor disapproves a local plan, the amount the local 

12 workforce investment area would have been eligible 

13 to receive pursuant to the formula under paragraph 

14 (1)(B) shall be allocated to local workforce invest15 ment areas that receive approval of their local plan 

16 modifications or local requests for funds under para17 graph (2). Each such local workforce investment 

18 area shall receive a share of the total amount avail19 able for reallocation under this subparagraph, in ac20 cordance with the area’s share of the total amount 

21 allocated under paragraph (1)(B) to such local work22 force investment areas. 

23 (f) USE OF FUNDS.— 

24 (1) IN GENERAL.—The funds made available 

25 under this section shall be used— 


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1 (A) to provide summer employment oppor2 tunities for low-income youth, with direct link3 ages to academic and occupational learning, 

4 and may be used to provide supportive services, 

5 such as transportation or child care, that is 

6 necessary to enable the participation of such 

7 youth in the opportunities; and 

8 (B) to provide year-round employment op9 portunities, which may be combined with other 

10 activities authorized under section 129 of the 

11 Workforce Investment Act of 1998 (29 U.S.C. 

12 2854), to low-income youth, giving priority to 

13 out-of-school youth who are— 

14 (i) high school dropouts; or 

15 (ii) recipients of a secondary school 

16 diploma or its recognized equivalent but 

17 who are basic skills deficient, unemployed, 

18 or underemployed. 

19 (2) PROGRAM PRIORITIES.—In administering 

20 the funds under this section, the local board and 

21 chief elected official shall give priority to— 

22 (A) identifying employment opportunities 

23 that are— 


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1 (i) in emerging or in-demand occupa2 tions in the local workforce investment 

3 area; or 

4 (ii) in the public or nonprofit sector 

5 and meet community needs; and 

6 (B) linking participants in year-round em7 ployment opportunities to training and edu8 cational activities that will provide such partici9 pants with an industry-recognized credential. 

10 (3) PERFORMANCE ACCOUNTABILITY.—For ac11 tivities funded under this section, in lieu of meeting 

12 the requirements described in section 136 of the 

13 Workforce Investment Act of 1998 (29 U.S.C. 

14 2871), States and local workforce investment areas 

15 shall provide such reports as the Secretary of Labor 

16 may require regarding the performance outcomes de17 scribed in section 7(b)(5). 

18 SEC. 6. WORK-RELATED AND EDUCATIONAL STRATEGIES 

19 AND ACTIVITIES OF DEMONSTRATED EFFEC20 TIVENESS. 

21 (a) IN GENERAL.—From the funds available under 

22 section 3(a)(3), the Secretary of Labor shall award grants 

23 on a competitive basis to eligible entities to carry out 

24 work-related and educational strategies and activities of 

25 demonstrated effectiveness. 


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1 (b) ELIGIBLE ENTITY.—To be eligible to receive a 

2 grant under ths section, an entity— 

3 (1) shall include— 

4 (A) a partnership involving a chief elected 

5 official, and the local workforce investment 

6 board for the local workforce investment area 

7 involved (which may include a partnership with 

8 elected officials and workforce investment 

9 boards in the region and in the State); or 

10 (B) an entity eligible to apply for a grant, 

11 contract, or agreement under section 166 of the 

12 Workforce Investment Act of 1998 (29 U.S.C. 

13 2911); and 

14 (2) may include, in combination with a partner15 ship or entity described in paragraph (1)— 

16 (A) employers or employer associations; 

17 (B) adult education providers or postsec18 ondary educational institutions, including com19 munity colleges; 

20 (C) community-based organizations; 

21 (D) joint labor-management committees; 

22 (E) work-related intermediaries; or 

23 (F) other appropriate organizations. 

24 (c) APPLICATION.—To be eligible to receive a grant 

25 under this section, an entity shall submit to the Secretary 


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1 of Labor an application at such time, in such manner, and 

2 containing such information as the Secretary may require. 

3 At a minimum, the application shall— 

4 (1) describe the strategies and activities of dem5 onstrated effectiveness that the eligible entity will 

6 carry out to provide unemployed, low-income adults 

7 and low-income youth with skills that will lead to 

8 employment upon completion of participation in such 

9 activities; 

10 (2) describe the requirements that will apply re11 lating to the eligibility of unemployed, low-income 

12 adults or low-income youth, consistent with section 

13 8, for activities carried out under this section, which 

14 requirements may include criteria to target assist15 ance to particular categories of such adults and 

16 youth, such as individuals with disabilities or indi17 viduals who have exhausted all rights to unemploy18 ment compensation; 

19 (3) describe how the strategies and activities 

20 will address the needs of the target populations iden21 tified in paragraph (2) and the needs of employers 

22 in the local workforce investment area; 

23 (4) describe the expected outcomes to be 

24 achieved by implementing the strategies and activi25 ties; 


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1 (5) provide evidence that the funds provided 

2 through the grant will be expended expeditiously and 

3 efficiently to implement the strategies and activities; 

4 (6) describe how the strategies and activities 

5 will be coordinated with other Federal, State, and 

6 local programs providing employment, education, 

7 and supportive activities; 

8 (7) provide evidence of employer commitment to 

9 participate in the activities funded under this sec10 tion, including identification of anticipated occupa11 tional and skill needs; 

12 (8) provide assurances that the eligible entity 

13 will report such information as the Secretary may 

14 require relating to fiscal, performance, and other 

15 matters as the Secretary determines is necessary to 

16 effectively monitor the activities carried out under 

17 this section; 

18 (9) provide assurances that the eligible entity 

19 will ensure compliance with the requirements, re20 strictions, labor standards, and other provisions de21 scribed in section 7(a); and 

22 (10) for any activity leading to the acquisition 

23 of an industry-recognized credential, a description of 

24 the credential. 


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1 (d) PRIORITY IN AWARDS.—In awarding grants 

2 under this section, the Secretary of Labor shall give pri3 ority to applications submitted by eligible entities from 

4 areas of high poverty and high unemployment, as defined 

5 by the Secretary, such as Public Use Microdata Areas des6 ignated by the Bureau of the Census. 

7 (e) USE OF FUNDS.—An entity that receives a grant 

8 under this section shall use the funds made available 

9 through the grant to support strategies and activities of 

10 demonstrated effectiveness that are designed to provide 

11 unemployed, low-income adults or low-income youth with 

12 skills that will lead to employment as part of or upon com13 pletion of participation in such activities. Such strategies 

14 and activities may include— 

15 (1) on-the-job training, registered apprentice16 ship programs, or other programs that combine work 

17 with skills development; 

18 (2) sector-based training programs that have 

19 been designed to meet the specific requirements of 

20 an employer or group of employers in that sector 

21 and for which employers are committed to hiring in22 dividuals upon successful completion of the training; 

23 (3) training that supports an industry sector or 

24 an employer-based or labor-management committee 


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1 industry partnership and that includes a significant 

2 work experience component; 

3 (4) activities that lead to the acquisition of in4 dustry-recognized credentials in a field identified by 

5 the State or local workforce investment area as a 

6 growth sector or in-demand industry in which there 

7 are likely to be significant job opportunities in the 

8 short term; 

9 (5) activities that provide connections to imme10 diate work opportunities, including subsidized em11 ployment opportunities, or summer employment op12 portunities for youth, that include concurrent skills 

13 training and other supports; 

14 (6) activities offered through career academies 

15 that provide students with the academic preparation 

16 and training, such as paid internships and concur17 rent enrollment in community colleges or other post18 secondary institutions, needed to pursue a career 

19 pathway that leads to postsecondary credentials and 

20 high-demand jobs; and 

21 (7) adult basic education and integrated basic 

22 education and training for low-skilled adults, hosted 

23 at community colleges or at other sites, to prepare 

24 individuals for jobs that are in demand in a local 

25 workforce investment area. 


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1 (f) COORDINATION OF FEDERAL ADMINISTRATION.— 

2 The Secretary of Labor shall administer this section in 

3 coordination with the Secretary of Education, the Sec4 retary of Health and Human Services, and other appro5 priate agency heads, to ensure the effective implementa6 tion of this section. 

7 SEC. 7. GENERAL REQUIREMENTS. 

8 (a) LABOR STANDARDS AND PROTECTIONS.—Activi9 ties provided with funds made available under this Act 

10 shall be subject to the requirements and restrictions, in11 cluding the labor standards, described in section 181 of 

12 the Workforce Investment Act of 1998 (29 U.S.C. 2931) 

13 and the nondiscrimination provisions of section 188 of 

14 such Act (29 U.S.C. 2938), in addition to other applicable 

15 Federal laws. 

16 (b) REPORTING.—The Secretary may require the re17 porting of information relating to fiscal, performance, and 

18 other matters that the Secretary determines is necessary 

19 to effectively monitor the activities carried out with funds 

20 provided under this Act. At a minimum, recipients of 

21 grants or subgrants under this Act shall provide informa22 tion relating to— 

23 (1) the number of individuals participating in 

24 activities with funds provided under this Act and the 


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1 number of such individuals who have completed such 

2 participation; 

3 (2) the expenditures of funds provided under 

4 this Act; 

5 (3) the number of jobs created pursuant to the 

6 activities carried out under this Act; 

7 (4) the demographic characteristics of individ8 uals participating in activities under this Act; and 

9 (5) the performance outcomes for individuals 

10 participating in activities under this Act, including— 

11 (A) for adults participating in activities 

12 funded under section 4 performance on indica13 tors consisting of— 

14 (i) entry into unsubsidized employ15 ment; 

16 (ii) retention in unsubsidized employ17 ment; and 

18 (iii) earnings in unsubsidized employ19 ment; 

20 (B) for low-income youth participating in 

21 summer employment activities under sections 5 

22 and 6 performance on indicators consisting of— 

23 (i) work readiness skill attainment, 

24 using an employer-validated checklist; and 


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1 (ii) placement in or return to sec2 ondary or postsecondary education or 

3 training, or entry into unsubsidized em4 ployment; 

5 (C) for low-income youth participating in 

6 year-round employment activities under section 

7 5 or in activities under section 6 performance 

8 on indicators consisting of— 

9 (i) placement in or return to postsec10 ondary education; 

11 (ii) attainment of a secondary school 

12 diploma or its recognized equivalent; 

13 (iii) attainment of an industry-recog14 nized credential; and 

15 (iv) entry into unsubsidized employ16 ment, retention, and earnings as described 

17 in subparagraph (A); and 

18 (D) for unemployed, low-income adults 

19 participating in activities under section 6— 

20 (i) entry into unsubsidized employ21 ment, retention, and earnings as described 

22 in subparagraph (A); and 

23 (ii) attainment of an industry-recog24 nized credential. 


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1 (c) ACTIVITIES REQUIRED TO BE ADDITIONAL.— 

2 Funds provided under this Act shall only be used for ac3 tivities that are in addition to activities that would other4 wise be available in the State or local workforce invest5 ment area in the absence of such funds. 

6 (d) ADDITIONAL REQUIREMENTS.—The Secretary of 

7 Labor may establish such additional requirements as the 

8 Secretary determines may be necessary to ensure fiscal in9 tegrity, effective monitoring, and appropriate and prompt 

10 implementation of the activities under this Act. 

11 (e) REPORT OF INFORMATION AND EVALUATIONS TO

12 CONGRESS AND THE PUBLIC.—The Secretary of Labor 

13 shall provide to the appropriate committees of Congress 

14 and make available to the public the information reported 

15 pursuant to subsection (b) and the evaluations of activities 

16 carried out with the funds reserved under section 3(b). 

17 SEC. 8. DEFINITIONS. 

18 In this Act: 

19 (1) CHIEF ELECTED OFFICIAL.—The term 

20 ‘‘chief elected official’’ means the chief elected execu21 tive officer of a unit of local government in a local 

22 workforce investment area or in the case in which 

23 such an area includes more than one unit of general 

24 government, the individuals designated under an 

25 agreement described in section 117(c)(1)(B) of the 


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1 Workforce Investment Act of 1998 (29 U.S.C. 

2 2832(c)(1)(B)). 

3 (2) INDUSTRY-RECOGNIZED CREDENTIAL.—The 

4 term ‘‘industry-recognized credential’’ means such a 

5 credential within the meaning of section 3 of the 

6 Carl D. Perkins Career and Technical Education 

7 Act of 2006 (20 U.S.C. 2302). 

8 (3) LOCAL WORKFORCE INVESTMENT AREA.— 

9 The term ‘‘local workforce investment area’’ means 

10 such area designated under section 116 of the Work11 force Investment Act of 1998 (29 U.S.C. 2831). 

12 (4) LOCAL WORKFORCE INVESTMENT BOARD.— 

13 The term ‘‘local workforce investment board’’ means 

14 such board established under section 117 of the 

15 Workforce Investment Act of 1998 (29 U.S.C. 

16 2832). 

17 (5) LOW-INCOME YOUTH.— 

18 (A) IN GENERAL.—The term ‘‘low-income 

19 youth’’ means an individual who is not younger 

20 than age 16 and not older than age 24 and is 

21 an individual described in subparagraph (B) or 

22 (C). 

23 (B) ELIGIBLE YOUTH.—For purposes of 

24 this paragraph, an individual described in this 

25 subparagraph— 


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1 (i) meets the definition of a low-in2 come individual provided in section 

3 101(25) of the Workforce Investment Act 

4 of 1998 (29 U.S.C. 2801(25)), except 

5 that— 

6 (I) States and local workforce in7 vestment areas, subject to approval in 

8 the applicable State plans and local 

9 plans, may increase the income level 

10 specified in subparagraph (B)(i) of 

11 such section to an amount not in ex12 cess of 200 percent of the poverty line 

13 for purposes of determining eligibility 

14 for participation in activities under 

15 section 5; and 

16 (II) eligible entities described in 

17 section 6(b), subject to approval in 

18 the applicable applications for funds, 

19 may make such an increase for pur20 poses of determining eligibility for 

21 participation in activities under sec22 tion 6; and 

23 (ii) is in one or more of the categories 

24 specified in section 101(13)(C) of the 


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1 Workforce Investment Act of 1998 (29 

2 U.S.C. 2801(13)(C). 

3 (C) YOUTH ELIGIBLE FOR SCHOOL

4 LUNCHES.—For purposes of this paragraph, an 

5 individual described in this subparagraph re6 ceives or is eligible to receive a free or reduced 

7 price lunch under the Richard B. Russell Na8 tional School Lunch Act (42 U.S.C. 1751 et 

9 seq.). 

10 (6) OUTLYING AREA.—The term ‘‘outlying 

11 area’’ means the United States Virgin Islands, 

12 Guam, American Samoa, the Commonwealth of the 

13 Northern Mariana Islands, and the Republic of 

14 Palau (except during any period for which the Sec15 retary of Labor determines that a Compact of Free 

16 Association is in effect and provides for Federal as17 sistance for education or training). 

18 (7) POVERTY LINE.—The term ‘‘poverty line’’ 

19 means a poverty line as defined in section 673 of the 

20 Community Services Block Grant Act (42 U.S.C. 

21 9902), applicable to family of the size involved. 

22 (8) UNEMPLOYED, LOW-INCOME ADULT.—The 

23 term ‘‘unemployed, low-income adult’’ means an in24 dividual who— 

25 (A) is age 18 or older; 


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1 (B) is without employment and is seeking 

2 assistance under this Act to obtain employment; 

3 and 

4 (C) meets the definition of a low-income 

5 individual specified in section 101(25) of the 

6 Workforce Investment Act of 1998 (29 U.S.C. 

7 2801(25), except that— 

8 (i) States and local entities described 

9 in section 4(d)(1)(A), subject to approval 

10 in the applicable State plans and local 

11 plans described in section 4, or a State 

12 agency or agencies described in section 

13 4(d)(1)(B), subject to approval in the 

14 State plan described in section 4, may in15 crease the income level specified in sub16 paragraph (B)(i) of such section 101(25) 

17 to an amount not in excess of 200 percent 

18 of the poverty line for purposes of deter19 mining eligibility for participation in activi20 ties under section 4; and 

21 (ii) eligible entities described in sec22 tion 6(b), subject to approval in the appli23 cable applications for funds, may make 

24 such an increase for purposes of deterVerDate Mar 15 2010 04:25 Nov 17, 2011 Jkt 019200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S1861.IS S1861

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1 mining eligibility for participation in activi2 ties under section 6. 

3 (9) STATE.—The term ‘‘State’’ means each of 

4 the several States of the United States, the District 

5 of Columbia, and the Commonwealth of Puerto Rico. 

Æ 


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