II 

113TH CONGRESS 

1ST SESSION S. 1383 

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 

JULY 29, 2013 

Mr. BLUMENTHAL (for himself, Mrs. GILLIBRAND, and Mr. MURPHY) 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 2013’’. 

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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 such amounts 

7 as 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 $12,500,000,000, which 

11 shall be paid to the Fund, to be used by the Secretary 

12 of Labor 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, 2014, and 

16 shall be available for expenditure by recipients of grants 

17 and subgrants under this Act through September 30, 

18 2015. 

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 $8,000,000,000 in accordance with 

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

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

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

4 youth; and 

5 (3) use $2,000,000,000 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 or provide assistance under sub25 section (b) to each State that has a State plan apmstockstill on DSK4VPTVN1PROD with BILLS

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1 proved under subsection (c) and to each outlying 

2 area and recipient under section 166(c) of the Work3 force Investment Act of 1998 (29 U.S.C. 2911(c)) 

4 that meets the requirements of this section, for the 

5 purpose of providing subsidized employment oppor6 tunities to unemployed, 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 of Labor 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 (29 U.S.C. 2911(c)) to 

4 provide subsidized employment to unemployed, 

5 low-income adults. 

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

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

8 the Secretary of Labor shall allot the remainder of 

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

10 States by allotting— 

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

12 number of unemployed individuals in areas of 

13 substantial unemployment in each State, com14 pared to the total number of unemployed indi15 viduals in areas of substantial unemployment in 

16 all States; 

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

18 excess number of unemployed individuals in 

19 each State, compared to the total excess num20 ber of unemployed individuals in all States; and 

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

22 number of disadvantaged adults and youth in 

23 each State, compared to the total number of 

24 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 of Labor. 

10 (B) DISADVANTAGED ADULT OR YOUTH.— 

11 The term ‘‘disadvantaged adult or youth’’ 

12 means an individual who is age 16 or older who 

13 received an income, or is a member of a family 

14 that received a total family income, that, in re15 lation to family size, does not exceed the higher 

16 of— 

17 (i) the poverty line; or 

18 (ii) 70 percent of the lower living 

19 standard income level. 

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

21 number’’ means, used with respect to unem22 ployed individuals in a State, the higher of— 

23 (i) the number that represents the 

24 number of unemployed individuals in exmstockstill on DSK4VPTVN1PROD with BILLS

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1 cess of 4.5 percent of the civilian labor 

2 force in the State; or 

3 (ii) the number that represents the 

4 number of unemployed individuals in ex5 cess of 4.5 percent of the civilian labor 

6 force in areas of substantial unemployment 

7 in such State. 

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

9 does not submit a State plan by the date specified 

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

11 approval of a State plan, the amount the State 

12 would have been eligible to receive pursuant to the 

13 formula under paragraph (2) shall be transferred 

14 within the Fund and added to the amounts available 

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

16 (c) STATE PLAN.— 

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

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

19 the Governor of the State shall submit to the Sec20 retary of Labor a State plan in such form and con21 taining such information as the Secretary may re22 quire. At a minimum, such plan shall include— 

23 (A) a description of the strategies and ac24 tivities to be carried out by the State, in coordi25 nation with employers in the State, to provide 

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1 subsidized employment opportunities to unem2 ployed, low-income adults, including strategies 

3 relating to the level and duration of subsidies 

4 consistent with subsection (e)(2); 

5 (B) a description of the requirements the 

6 State will apply relating to the eligibility of un7 employed, low-income adults, consistent with 

8 section 8, for subsidized employment opportuni9 ties, which requirements may include criteria to 

10 target assistance to particular categories of 

11 such adults, such as individuals with disabilities 

12 or individuals who have exhausted all rights to 

13 unemployment compensation; 

14 (C) a description of how the funds allotted 

15 to provide subsidized employment opportunities 

16 will be administered in the State and (if admin17 istered by entities described in subsection 

18 (d)(1)(A)) in local workforce investment areas, 

19 in accordance with subsection (d); 

20 (D) a description of the performance out21 comes to be achieved by the State through the 

22 activities carried out under this section and the 

23 processes the State will use to track the per24 formance, consistent with guidance provided by 

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1 the Secretary of Labor regarding such outcomes 

2 and processes and with section 7(b); 

3 (E) a description of the coordination of ac4 tivities to be carried out with the funds pro5 vided under this section, with activities under 

6 title I of the Workforce Investment Act of 1998 

7 (29 U.S.C. 2801 et seq.), the program of block 

8 grants to States for temporary assistance for 

9 needy families established under part A of title 

10 IV of the Social Security Act (referred to in 

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

12 601 et seq.), and other appropriate Federal and 

13 State programs that may assist unemployed, 

14 low-income adults in obtaining and retaining 

15 employment; 

16 (F) a description of the timelines for im17 plementation of the activities described in sub18 paragraph (A), and the number of unemployed, 

19 low-income adults expected to be placed in sub20 sidized employment by calendar quarter; 

21 (G) assurances that the State will report 

22 such information relating to fiscal, performance, 

23 and other matters as the Secretary of Labor 

24 may require and as the Secretary determines is 

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1 necessary to effectively monitor the activities 

2 carried out under this section; and 

3 (H) assurances that the State will ensure 

4 compliance with the requirements, restrictions, 

5 labor standards, and other provisions described 

6 in section 7(a). 

7 (2) SUBMISSION AND APPROVAL OF STATE

8 PLAN.— 

9 (A) SUBMISSION WITH OTHER PLANS.— 

10 The State plan described in paragraph (1) may 

11 be submitted in conjunction with the State plan 

12 modification or other request for funds by the 

13 State required under section 5, and may be 

14 submitted as a modification to a State plan 

15 that has been approved under section 112 of 

16 the Workforce Investment Act of 1998 (29 

17 U.S.C. 2822). 

18 (B) SUBMISSION AND APPROVAL.— 

19 (i) SUBMISSION.—The Governor shall 

20 submit the State plan described in para21 graph (1) to the Secretary of Labor not 

22 later than 75 days after the date of enact23 ment of this Act and the Secretary shall 

24 make a determination regarding the ap25 proval or disapproval of such plan not later 

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1 than 45 days after the submission of such 

2 plan. If the plan is disapproved, the Sec3 retary may provide a reasonable period of 

4 time in which the plan may be amended 

5 and resubmitted for approval. 

6 (ii) APPROVAL.—The Secretary of 

7 Labor shall approve a State plan that the 

8 Secretary determines is consistent with the 

9 requirements of this section and reasonably 

10 appropriate and adequate to carry out the 

11 objectives of this section. If the plan is ap12 proved, the Secretary shall allot funds to 

13 the State under subsection (b) within 30 

14 days after such approval. 

15 (3) MODIFICATIONS TO STATE PLAN.—The 

16 Governor may submit a modification to a State plan 

17 under this subsection, consistent with the require18 ments of this section. 

19 (d) ADMINISTRATION WITHIN THE STATE.— 

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

21 funds for activities under this section through— 

22 (A) the State and local entities responsible 

23 for the administration of the formula program 

24 of workforce investment activities for adults 

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1 under subtitle B of title I of the Workforce In2 vestment Act of 1998 (29 U.S.C. 2811 et seq.); 

3 (B) the State agency or agencies respon4 sible for the administration of the TANF pro5 gram; or 

6 (C) a combination of the entities and agen7 cy or agencies described in subparagraphs (A) 

8 and (B). 

9 (2) WITHIN-STATE ALLOCATIONS.— 

10 (A) ALLOCATION OF FUNDS.—The Gov11 ernor may reserve not more than 5 percent of 

12 the funds made available through the allotment 

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

14 technical assistance, and shall allocate the re15 mainder, in accordance with the option elected 

16 under paragraph (1)— 

17 (i) among local workforce investment 

18 areas within the State in accordance with 

19 subparagraphs (A), (B), and (C) of sub20 section (b)(2), except that for purposes of 

21 such allocation references in paragraph (2) 

22 or (3) of subsection (b)to a State shall be 

23 deemed to be references to a local work24 force investment area and references to all 

25 States shall be deemed to be references to 

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1 all local workforce investment areas in the 

2 State involved; or 

3 (ii) through entities responsible for 

4 the administration of the TANF program 

5 in local areas, in such manner as the State 

6 agency or agencies responsible for the ad7 ministration of the TANF program may 

8 determine to be appropriate. 

9 (B) LOCAL PLANS.— 

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

11 the responsibility for the administration of 

12 the activities described in subsection (e) is 

13 to be carried out by the entities described 

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

15 allocation for a local workforce investment 

16 area under subparagraph (A)(i), a local 

17 workforce investment board, in partnership 

18 with the chief elected official for the local 

19 workforce investment area, shall submit to 

20 the Governor, not later than 30 days after 

21 the submission of the State plan, a local 

22 plan for the use of such funds under this 

23 section. Such local plan may be submitted 

24 as a modification to a local plan approved 

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1 under section 118 of the Workforce Invest2 ment Act of 1998 (29 U.S.C. 2833). 

3 (ii) CONTENTS.—The local plan de4 scribed in clause (i) shall contain the infor5 mation described in subparagraphs (A) 

6 through (H) of subsection (c)(1), as ap7 plied to the local workforce investment 

8 area. 

9 (iii) APPROVAL.—The Governor shall 

10 approve or disapprove the local plan sub11 mitted under clause (i) not later than a 

12 date (referred to in this clause as the 

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

14 later of the 30th day after the submission 

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

16 approval of the State plan. The Governor 

17 shall approve the local plan unless the Gov18 ernor determines that the plan is incon19 sistent with the requirements of this sec20 tion or is not reasonably appropriate and 

21 adequate to carry out the objectives of this 

22 section. If the Governor has not made a 

23 determination by the final determination 

24 date, the plan shall be considered to be ap25 proved. If the plan is disapproved, the Govmstockstill on DSK4VPTVN1PROD with BILLS

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1 ernor may provide a reasonable period of 

2 time in which the plan may be amended 

3 and resubmitted for approval. If the plan 

4 is approved, the Governor shall allocate 

5 funds to the local workforce investment 

6 area involved under subparagraph (A)(i) 

7 within 30 days after such approval. 

8 (C) REALLOCATION OF FUNDS TO LOCAL

9 WORKFORCE INVESTMENT AREAS.—In a case 

10 described in subparagraph (B)(i), if a local 

11 workforce investment board and chief elected 

12 official do not submit a local plan by the date 

13 specified in subparagraph (B)(i), or the Gov14 ernor disapproves a local plan, the amount the 

15 local workforce investment area would have 

16 been eligible to receive pursuant to the formula 

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

18 local workforce investment areas that receive 

19 approval of their local plans under subpara20 graph (B). Each such local workforce invest21 ment area shall receive a share of the total 

22 amount available for reallocation under this 

23 subparagraph, in accordance with the area’s 

24 share of the total amount allocated under submstockstill on DSK4VPTVN1PROD with BILLS

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1 paragraph (A)(i) to such local workforce invest2 ment areas. 

3 (e) USE OF FUNDS.— 

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

5 under this section shall be used to provide subsidized 

6 employment for unemployed, low-income adults. The 

7 entities or agencies described in subsection (d)(1) 

8 may use a variety of strategies in recruiting employ9 ers and identifying appropriate employment opportu10 nities, but shall give priority to providing employ11 ment opportunities likely to lead to unsubsidized em12 ployment in emerging or in-demand occupations in 

13 the area served through the grant involved. Funds 

14 made available under this section may be used to 

15 provide support services, such as transportation and 

16 child care, that are necessary to enable such adults 

17 to participate in subsidized employment opportuni18 ties. 

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

20 entities or agencies described in subsection (d)(1) 

21 may determine the percentage of the wages and 

22 costs of employing a participant for which an em23 ployer may receive a subsidy with the funds made 

24 available under this section, and the duration of 

25 such subsidy, in accordance with guidance issued by 

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1 the Secretary of Labor in coordination with the Sec2 retary of Health and Human Services. The entities 

3 or agencies may establish criteria for determining 

4 such percentage or duration, using appropriate fac5 tors such as the size of the employer and type of em6 ployment. 

7 (3) LIMITATION.—Not more than 10 percent of 

8 the funds allocated to a local workforce investment 

9 area under subsection (d)(2)(A)(i) may be used for 

10 the costs of administration of this section. 

11 (f) COORDINATION OF FEDERAL ADMINISTRATION.— 

12 The Secretary of Labor shall administer this section in 

13 coordination with the Secretary of Health and Human 

14 Services to ensure the effective implementation of this sec15 tion. 

16 SEC. 5. SUMMER EMPLOYMENT AND YEAR-ROUND EMPLOY17 MENT OPPORTUNITIES FOR LOW-INCOME 

18 AND DISCONNECTED YOUTH. 

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

20 section 3(a)(2), the Secretary of Labor shall make an al21 lotment or provide assistance under subsection (c) to each 

22 State that has a modification to a State plan approved 

23 under section 112 of the Workforce Investment Act of 

24 1998 (29 U.S.C. 2822) (referred to in this section as a 

25 ‘‘State plan modification’’) (or other State request for 

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1 funds specified in guidance under subsection (b)) approved 

2 under subsection (d) and to each outlying area and recipi3 ent under section 166(c) of the Workforce Investment Act 

4 of 1998 (29 U.S.C. 2911(c)) (referred to in this section 

5 as a ‘‘Native American grantee’’) that meets the require6 ments of this section, for the purpose of providing summer 

7 employment and year-round employment opportunities to 

8 low-income youth. 

9 (b) GUIDANCE AND APPLICATION OF REQUIRE10 MENTS.— 

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

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

13 Labor shall issue guidance regarding the implemen14 tation of this section. 

15 (2) PROCEDURES.—Such guidance shall, con16 sistent with this section, include procedures for— 

17 (A) submission and approval for State plan 

18 modifications, for such other forms of requests 

19 for funds by the State as may be identified in 

20 such guidance, for modifications to local plans 

21 approved under section 118 of the Workforce 

22 Investment Act of 1998 (29 U.S.C. 2833) (re23 ferred to individually in this section as a ‘‘local 

24 plan modification’’), or for such other forms of 

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1 ment areas as may be identified in such guid2 ance, that promote the expeditious and effective 

3 implementation of the activities authorized 

4 under this section; and 

5 (B) the allotment and allocation of funds, 

6 including reallotment and reallocation of such 

7 funds, that promote such implementation. 

8 (3) REQUIREMENTS.—Except as otherwise pro9 vided in the guidance described in paragraph (1) 

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

11 the funds provided for activities under this section 

12 shall be administered in accordance with the provi13 sions of subtitles B and E of title I of the Workforce 

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

15 2931 et seq.) relating to youth activities. 

16 (c) STATE ALLOTMENTS.— 

17 (1) RESERVATIONS FOR OUTLYING AREAS AND

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

19 the Secretary of Labor shall reserve— 

(A) not more than 1 20 ⁄4 of 1 percent to pro21 vide assistance to outlying areas to provide 

22 summer employment and year-round employ23 ment opportunities to low-income youth; and 

24 (B) 1.5 percent to provide assistance to 

25 Native American grantees to provide summer 

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1 employment and year-round employment oppor2 tunities to low-income youth. 

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

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

5 the Secretary of Labor shall allot the remainder of 

6 the funds described in subsection (a) among the 

7 States in accordance with the subparagraphs (A), 

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

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

10 does not submit a State plan modification or other 

11 State request for funds specified in guidance under 

12 subsection (b) by the date specified in subsection 

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

14 such State plan modification or request, the amount 

15 the State would have been eligible to receive pursu16 ant to the formula under paragraph (2) shall be 

17 transferred within the Fund and added to the 

18 amounts available for competitive grants under sec19 tion 3(a)(3). 

20 (d) STATE PLAN MODIFICATION OR REQUEST.— 

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

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

23 the Governor of the State shall submit to the Sec24 retary of Labor a State plan modification, or other 

25 State request for funds specified in guidance under 

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1 subsection (b), in such form and containing such in2 formation as the Secretary may require. At a min3 imum, such State plan modification or request shall 

4 include— 

5 (A) a description of the strategies and ac6 tivities to be carried out to provide summer em7 ployment opportunities and year-round employ8 ment opportunities, including linkages to train9 ing and educational activities, consistent with 

10 subsection (f); 

11 (B) a description of the requirements the 

12 States will apply relating to the eligibility of 

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

14 summer employment opportunities and year15 round employment opportunities, which require16 ments may include criteria to target assistance 

17 to particular categories of such low-income 

18 youth, such as youth with disabilities, con19 sistent with subsection (f); 

20 (C) a description of the performance out21 comes to be achieved by the State through the 

22 activities carried out under this section and the 

23 processes the State will use to track the per24 formance, consistent with guidance provided by 

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1 the Secretary of Labor regarding such outcomes 

2 and processes and with section 7(b); 

3 (D) a description of the timelines for im4 plementation of the activities described in sub5 paragraph (A), and the number of low-income 

6 youth expected to be placed in summer employ7 ment opportunities, and year-round employment 

8 opportunities, respectively, by calendar quarter; 

9 (E) assurances that the State will report 

10 such information relating to fiscal, performance, 

11 and other matters as the Secretary of Labor 

12 may require and as the Secretary determines is 

13 necessary to effectively monitor the activities 

14 carried out under this section; 

15 (F) assurances that the State will ensure 

16 compliance with the requirements, restrictions, 

17 labor standards, and other provisions described 

18 in section 7(a); and 

19 (G) for any employment opportunity that 

20 will provide participants with an industry-recog21 nized credential, a description of the credential. 

22 (2) SUBMISSION AND APPROVAL OF STATE

23 PLAN MODIFICATION OR REQUEST.— 

24 (A) SUBMISSION.—The Governor shall 

25 submit the State plan modification or other 

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1 State request for funds specified in guidance 

2 under subsection (b) to the Secretary of Labor 

3 not later than 30 days after the issuance of 

4 such guidance. The State plan modification or 

5 other State request for funds may be submitted 

6 in conjunction with the State plan required 

7 under section 4(c). 

8 (B) APPROVAL.—The Secretary of Labor 

9 shall approve or disapprove the State plan 

10 modification or request submitted under sub11 paragraph (A) within 30 days after submission. 

12 The Secretary of Labor shall approve the modi13 fication or request unless the Secretary deter14 mines that the modification or request is incon15 sistent with the requirements of this section. If 

16 the Secretary has not made a determination 

17 within that 30-day period, the modification or 

18 request shall be considered to be approved. If 

19 the modification or request is disapproved, the 

20 Secretary may provide a reasonable period of 

21 time in which the modification or request may 

22 be amended and resubmitted for approval. If 

23 the modification or request is approved, the 

24 Secretary shall allot funds to the State under 

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1 subsection (c) within 30 days after such ap2 proval. 

3 (3) MODIFICATIONS TO STATE PLAN MODIFICA4 TION OR REQUEST.—The Governor may submit fur5 ther modifications to a State plan modification or 

6 other State request for funds specified under sub7 section (b), consistent with the requirements of this 

8 section. 

9 (e) WITHIN-STATE ALLOCATION AND ADMINISTRA10 TION.— 

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

12 State under subsection (c), the Governor— 

13 (A) may reserve not more than 5 percent 

14 of the funds for administration and technical 

15 assistance; and 

16 (B) shall allocate the remainder of the 

17 funds among local workforce investment areas 

18 within the State in accordance with subpara19 graphs (A), (B), and (C) of section 4(b)(2), ex20 cept that for purposes of such allocation ref21 erences in paragraph (2) or (3) of section 4(b) 

22 to a State shall be deemed to be references to 

23 a local workforce investment area and ref24 erences to all States shall be deemed to be refmstockstill on DSK4VPTVN1PROD with BILLS

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1 erences to all local workforce investment areas 

2 in the State involved. 

3 (2) LOCAL PLAN MODIFICATION OR RE4 QUEST.— 

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

6 allocation for a local workforce investment area 

7 under paragraph (1)(B), the local workforce in8 vestment board, in partnership with the chief 

9 elected official for the local workforce invest10 ment area, shall submit to the Governor, not 

11 later than 30 days after the submission by the 

12 State of the State plan modification or other 

13 State request for funds specified in guidance 

14 under subsection (b), a local plan modification, 

15 or such other request for funds by local work16 force investment areas as may be specified in 

17 guidance under subsection (b), describing the 

18 strategies and activities to be carried out under 

19 this section. 

20 (B) APPROVAL.—The Governor shall ap21 prove or disapprove the local plan modification 

22 or other local request for funds submitted 

23 under subparagraph (A) within 30 days after 

24 submission. The Governor shall approve the 

25 modification or request unless the Governor demstockstill on DSK4VPTVN1PROD with BILLS

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1 termines that the modification or request is in2 consistent with the requirements of this section. 

3 If the Governor has not made a determination 

4 within that 30-day period, the modification or 

5 request shall be considered to be approved. If 

6 the modification or request is disapproved, the 

7 Governor may provide a reasonable period of 

8 time in which the modification or request may 

9 be amended and resubmitted for approval. If 

10 the modification or request is approved, the 

11 Governor shall allocate funds to the local work12 force investment area within 30 days after such 

13 approval. 

14 (3) REALLOCATION.—If a local workforce in15 vestment board and chief elected official do not sub16 mit a local plan modification, or other local request 

17 for funds specified in guidance under subsection (b), 

18 by the date specified in paragraph (2)(A), or the 

19 Governor disapproves such a modification or request, 

20 the amount the local workforce investment area 

21 would have been eligible to receive pursuant to the 

22 formula under paragraph (1)(B) shall be allocated to 

23 local workforce investment areas that receive ap24 proval of their local plan modifications or local re25 quests for funds under paragraph (2). Each such 

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1 local workforce investment area shall receive a share 

2 of the total amount available for reallocation under 

3 this subparagraph, in accordance with the area’s 

4 share of the total amount allocated under paragraph 

5 (1)(B) to such local workforce investment areas. 

6 (f) USE OF FUNDS.— 

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

8 under this section shall be used— 

9 (A) to provide summer employment oppor10 tunities for low-income youth, with direct link11 ages to academic and occupational learning, 

12 and may be used to provide supportive services, 

13 such as transportation or child care, that are 

14 necessary to enable the youth to participate in 

15 the opportunities; and 

16 (B) to provide year-round employment op17 portunities, which may be combined with other 

18 activities authorized under section 129 of the 

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

20 2854), to low-income youth, giving priority to 

21 out-of-school youth who are— 

22 (i) high school dropouts; or 

23 (ii) recipients of a secondary school 

24 diploma or its recognized equivalent but 

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1 who are basic skills deficient, unemployed, 

2 or underemployed. 

3 (2) PROGRAM PRIORITIES.—In administering 

4 the funds under this section, the local board and 

5 chief elected official shall give priority to— 

6 (A) identifying employment opportunities 

7 that are— 

8 (i) in emerging or in-demand occupa9 tions in the local workforce investment 

10 area; or 

11 (ii) in the public or nonprofit sector 

12 and meet community needs; and 

13 (B) linking participants in year-round em14 ployment opportunities to training and edu15 cational activities that will provide such partici16 pants with an industry-recognized credential. 

17 (3) PERFORMANCE ACCOUNTABILITY.—For ac18 tivities funded under this section, in lieu of meeting 

19 the requirements described in section 136 of the 

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

21 2871), States and local workforce investment areas 

22 shall provide such reports as the Secretary of Labor 

23 may require regarding the performance outcomes de24 scribed in section 7(b)(5). 

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1 (4) LIMITATION.—Not more than 10 percent of 

2 the funds allocated to a local workforce investment 

3 area under subsection (e)(1)(B) may be used for the 

4 costs of administration of this section. 

5 SEC. 6. WORK-RELATED AND EDUCATIONAL STRATEGIES 

6 AND ACTIVITIES OF DEMONSTRATED EFFEC7 TIVENESS. 

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

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

10 on a competitive basis to eligible entities to carry out 

11 work-related and educational strategies and activities of 

12 demonstrated effectiveness. 

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

14 grant under this section, an entity— 

15 (1) shall include— 

16 (A) a partnership involving a chief elected 

17 official, and the local workforce investment 

18 board, for the local workforce investment area 

19 involved (which may include a partnership with 

20 elected officials and workforce investment 

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

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

23 contract, or agreement under section 166 of the 

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

25 2911); and 

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1 (2) may include, in combination with a partner2 ship or entity described in paragraph (1)— 

3 (A) employers or employer associations; 

4 (B) adult education providers or postsec5 ondary educational institutions, including com6 munity colleges; 

7 (C) community-based organizations; 

8 (D) joint labor-management committees; 

9 (E) work-related intermediaries; or 

10 (F) other appropriate organizations. 

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

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

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

14 containing such information as the Secretary may require. 

15 At a minimum, the application shall— 

16 (1) describe the strategies and activities of dem17 onstrated effectiveness that the eligible entity will 

18 carry out to provide unemployed, low-income adults 

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

20 employment upon completion of participation related 

21 to such strategies and activities; 

22 (2) describe the requirements that will apply re23 lating to the eligibility of unemployed, low-income 

24 adults or low-income youth, consistent with section 

25 8, for strategies and activities carried out under this 

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1 section, which requirements may include criteria to 

2 target assistance to particular categories of such 

3 adults and youth, such as individuals with disabil4 ities or individuals who have exhausted all rights to 

5 unemployment compensation; 

6 (3) describe how the strategies and activities 

7 will address the needs of the target populations iden8 tified under paragraph (2) and the needs of employ9 ers in the local workforce investment area; 

10 (4) describe the expected outcomes to be 

11 achieved by implementing the strategies and activi12 ties; 

13 (5) provide evidence that the funds provided 

14 through the grant will be expended expeditiously and 

15 efficiently to implement the strategies and activities; 

16 (6) describe how the strategies and activities 

17 will be coordinated with other Federal, State, and 

18 local programs providing employment, education, 

19 and supportive activities; 

20 (7) provide evidence of employer commitment to 

21 participate with respect to the strategies and activi22 ties funded under this section, including identifica23 tion of anticipated occupational and skill needs; 

24 (8) provide assurances that the eligible entity 

25 will report such information relating to fiscal, permstockstill on DSK4VPTVN1PROD with BILLS

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1 formance, and other matters as the Secretary of 

2 Labor may require and as the Secretary determines 

3 is necessary to effectively monitor the strategies and 

4 activities carried out under this section; 

5 (9) provide assurances that the eligible entity 

6 will ensure compliance with the requirements, re7 strictions, labor standards, and other provisions de8 scribed in section 7(a); and 

9 (10) for any activity leading to the acquisition 

10 of an industry-recognized credential, a description of 

11 the credential. 

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

13 under this section, the Secretary of Labor shall give pri14 ority to applications submitted by eligible entities from 

15 areas of high poverty and high unemployment, as defined 

16 by the Secretary, such as Public Use Microdata Areas des17 ignated by the Bureau of the Census. 

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

19 under this section shall use the funds made available 

20 through the grant to support strategies and activities of 

21 demonstrated effectiveness that are designed to provide 

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

23 skills that will lead to employment as part of or upon com24 pletion of participation with respect to such strategies and 

25 activities. Such strategies and activities may include— 

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1 (1) on-the-job training, registered apprentice2 ship programs, or other programs that combine work 

3 with skills development; 

4 (2) sector-based training programs that have 

5 been designed to meet the specific requirements of 

6 an employer or group of employers in that sector 

7 and for which employers are committed to hiring in8 dividuals upon successful completion of the training; 

9 (3) training that supports an industry sector or 

10 an employer-based or labor-management committee 

11 industry partnership and that includes a significant 

12 work experience component; 

13 (4) strategies and activities that lead to the ac14 quisition of industry-recognized credentials in a field 

15 identified by the State or local workforce investment 

16 area as a growth sector or in-demand industry in 

17 which there are likely to be significant job opportu18 nities in the short term; 

19 (5) strategies and activities that provide con20 nections to immediate work opportunities, including 

21 subsidized employment opportunities, or summer 

22 employment opportunities for youth, that include 

23 concurrent skills training and other supports; 

24 (6) strategies and activities offered through ca25 reer academies that provide students with the acamstockstill on DSK4VPTVN1PROD with BILLS

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1 demic preparation and training, such as paid intern2 ships and concurrent enrollment in community col3 leges or other postsecondary institutions, needed to 

4 pursue a career pathway that leads to postsecondary 

5 credentials and in-demand jobs; and 

6 (7) adult basic education and integrated basic 

7 education and training, for low-skilled adults, that 

8 are tied to employer workforce needs, hosted at com9 munity colleges or at other sites, to prepare individ10 uals for jobs that are in demand in a local workforce 

11 investment area. 

12 (f) COORDINATION OF FEDERAL ADMINISTRATION.— 

13 The Secretary of Labor shall administer this section in 

14 coordination with the Secretary of Education, the Sec15 retary of Health and Human Services, and other appro16 priate agency heads, to ensure the effective implementa17 tion of this section. 

18 SEC. 7. GENERAL REQUIREMENTS. 

19 (a) LABOR STANDARDS AND PROTECTIONS.—Activi20 ties provided with funds made available under this Act 

21 shall be subject to the requirements and restrictions, in22 cluding the labor standards, described in section 181 of 

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

24 and the nondiscrimination provisions of section 188 of 

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

2 Federal laws. 

3 (b) REPORTING.—The Secretary of Labor shall re4 quire the reporting of information relating to fiscal, per5 formance, and other matters that the Secretary deter6 mines is necessary to effectively monitor the activities car7 ried out with funds provided under this Act. At a min8 imum, recipients of grants or subgrants under this Act 

9 shall provide information relating to— 

10 (1) the number of individuals participating in 

11 activities with funds provided under this Act and the 

12 number of such individuals who have completed such 

13 participation; 

14 (2) the expenditures of funds provided under 

15 this Act; 

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

17 activities carried out under this Act; 

18 (4) the demographic characteristics of individ19 uals participating in activities under this Act; and 

20 (5) the performance outcomes for individuals 

21 participating in activities under this Act, including— 

22 (A) for adults participating in activities 

23 funded under section 4, performance on indica24 tors consisting of— 

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1 (i) entry into unsubsidized employ2 ment; 

3 (ii) retention in unsubsidized employ4 ment; and 

5 (iii) earnings in unsubsidized employ6 ment; 

7 (B) for low-income youth participating in 

8 summer employment activities under sections 5 

9 and 6, performance on indicators consisting 

10 of— 

11 (i) work readiness skill attainment, 

12 using an employer-validated checklist; and 

13 (ii) placement in or return to sec14 ondary or postsecondary education or 

15 training, or entry into unsubsidized em16 ployment; 

17 (C) for low-income youth participating in 

18 year-round employment activities under section 

19 5 or in activities under section 6, performance 

20 on indicators consisting of— 

21 (i) placement in or return to postsec22 ondary education; 

23 (ii) attainment of a secondary school 

24 diploma or its recognized equivalent; 

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1 (iii) attainment of an industry-recog2 nized credential; and 

3 (iv) entry into unsubsidized employ4 ment, retention, and earnings as described 

5 in subparagraph (A); and 

6 (D) for unemployed, low-income adults 

7 participating in activities under section 6— 

8 (i) entry into unsubsidized employ9 ment, retention, and earnings as described 

10 in subparagraph (A); and 

11 (ii) attainment of an industry-recog12 nized credential. 

13 (c) ACTIVITIES REQUIRED TO BE ADDITIONAL.— 

14 Funds provided under this Act shall only be used for ac15 tivities that are in addition to activities that would other16 wise be available in the State or local workforce invest17 ment area in the absence of such funds. 

18 (d) ADDITIONAL REQUIREMENTS.—The Secretary of 

19 Labor may establish such additional requirements as the 

20 Secretary determines may be necessary to ensure fiscal in21 tegrity, effective monitoring, and appropriate and prompt 

22 implementation of the activities under this Act. 

23 (e) REPORT OF INFORMATION AND EVALUATIONS TO

24 CONGRESS AND THE PUBLIC.—The Secretary of Labor 

25 shall provide to the appropriate committees of Congress 

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1 and make available to the public the information reported 

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

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

4 SEC. 8. DEFINITIONS. 

5 In this Act: 

6 (1) CHIEF ELECTED OFFICIAL.—The term 

7 ‘‘chief elected official’’ means the chief elected execu8 tive officer of a unit of general local government in 

9 a local workforce investment area or, in the case in 

10 which such an area includes more than one unit of 

11 general local government, the individuals designated 

12 under an agreement described in section 

13 117(c)(1)(B) of the Workforce Investment Act of 

14 1998 (29 U.S.C. 2832(c)(1)(B)). 

15 (2) INDUSTRY-RECOGNIZED CREDENTIAL.—The 

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

17 credential within the meaning of section 3 of the 

18 Carl D. Perkins Career and Technical Education 

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

20 (3) LOCAL WORKFORCE INVESTMENT AREA.— 

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

22 such area designated under section 116 of the Work23 force Investment Act of 1998 (29 U.S.C. 2831). 

24 (4) LOCAL WORKFORCE INVESTMENT BOARD.— 

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

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1 such board established under section 117 of the 

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

3 2832). 

4 (5) LOW-INCOME YOUTH.— 

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

6 youth’’ means an individual who is not younger 

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

8 an individual described in subparagraph (B) or 

9 (C). 

10 (B) ELIGIBLE YOUTH.—For purposes of 

11 this paragraph, an individual described in this 

12 subparagraph— 

13 (i) meets the definition of a low-in14 come individual provided in section 

15 101(25) of the Workforce Investment Act 

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

17 that— 

18 (I) States and local workforce in19 vestment areas, subject to approval in 

20 the applicable State and local plan 

21 modifications and requests for funds, 

22 may increase the income level speci23 fied in subparagraph (B)(i) of such 

24 section to an amount not in excess of 

25 200 percent of the poverty line for 

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1 purposes of determining eligibility for 

2 participation in activities under sec3 tion 5; and 

4 (II) eligible entities described in 

5 section 6(b), subject to approval in 

6 the applicable applications for funds, 

7 may make such an increase for pur8 poses of determining eligibility for 

9 participation in activities under sec10 tion 6; and 

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

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

13 Workforce Investment Act of 1998 (29 

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

15 (C) YOUTH ELIGIBLE FOR SCHOOL

16 LUNCHES.—For purposes of this paragraph, an 

17 individual described in this subparagraph re18 ceives or is eligible to receive a free or reduced 

19 price lunch under the Richard B. Russell Na20 tional School Lunch Act (42 U.S.C. 1751 et 

21 seq.). 

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

23 area’’ means the United States Virgin Islands, 

24 Guam, American Samoa, the Commonwealth of the 

25 Northern Mariana Islands, and the Republic of 

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1 Palau (except during any period for which the Sec2 retary of Labor determines that a Compact of Free 

3 Association is in effect and provides for Federal as4 sistance for education or training). 

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

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

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

8 9902), applicable to a family of the size involved. 

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

10 the several States of the United States, the District 

11 of Columbia, and the Commonwealth of Puerto Rico. 

12 (9) UNEMPLOYED, LOW-INCOME ADULT.—The 

13 term ‘‘unemployed, low-income adult’’ means an in14 dividual who— 

15 (A) is age 18 or older; 

16 (B) is without employment and is seeking 

17 assistance under this Act to obtain employment; 

18 and 

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

20 individual specified in section 101(25) of the 

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

22 2801(25)), except that— 

23 (i) States and local entities described 

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

25 in the applicable State plans and local 

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1 plans described in subsection (c) or (d) of 

2 section 4, or a State agency or agencies de3 scribed in section 4(d)(1)(B), subject to 

4 approval in the State plan described in sec5 tion 4, may increase the income level speci6 fied in subparagraph (B)(i) of such section 

7 101(25) to an amount not in excess of 200 

8 percent of the poverty line for purposes of 

9 determining eligibility for participation in 

10 activities under section 4; and 

11 (ii) eligible entities described in sec12 tion 6(b), subject to approval in the appli13 cable applications for funds, may make 

14 such an increase for purposes of deter15 mining eligibility for participation in activi16 ties under section 6. 

Æ 

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