I 

113TH CONGRESS 

1ST SESSION H. R. 2770 

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 HOUSE OF REPRESENTATIVES 

JULY 22, 2013 

Mr. GEORGE MILLER of California (for himself, Mr. TIERNEY, Mr. RANGEL, 

Mr. NADLER, Mr. BISHOP of New York, Mrs. NAPOLITANO, Mr. GRIJALVA, Ms. SCHAKOWSKY, Ms. LEE of California, Ms. NORTON, Mr. 

SCOTT of Virginia, Mr. CARTWRIGHT, Mr. HUFFMAN, Mr. HINOJOSA, 

and Mr. LOEBSACK) introduced the following bill; which was referred to 

the Committee on Education and the Workforce 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Pathways Back to 

3 Work Act of 2013’’. 

4 SEC. 2. ESTABLISHMENT OF PATHWAYS BACK TO WORK 

5 FUND. 

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

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

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

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

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

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

12 in the general fund of the Treasury not otherwise appro13 priated, there is appropriated $12,500,000,000, which 

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

15 of Labor to carry out this Act. 

16 (c) PERIOD OF AVAILABILITY.—The amounts appro17 priated under this Act shall be available for obligation by 

18 the Secretary of Labor through December 31, 2014, and 

19 shall be available for expenditure by recipients of grants 

20 and subgrants under this Act through September 30, 

21 2015. 

22 SEC. 3. AVAILABILITY OF FUNDS. 

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

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

25 Labor shall, subject to subsection (b)— 


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1 (1) allot $8,000,000,000 in accordance with 

2 section 4 to provide subsidized employment to unem3 ployed, low-income adults; 

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

5 section 5 to provide summer employment and year6 round employment opportunities to low-income 

7 youth; and 

8 (3) use $2,000,000,000 in accordance with sec9 tion 6 to award grants on a competitive basis to 

10 local entities to carry out work-based training and 

11 other work-related and educational strategies and 

12 activities of demonstrated effectiveness to unem13 ployed, low-income adults and low-income youth to 

14 provide the skills and assistance needed to obtain 

15 employment. 

16 (b) RESERVATION.—The Secretary of Labor may re17 serve not more than 1 percent of the amounts available 

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

19 (3) of subsection (a) to pay for the costs of technical as20 sistance, evaluations, and Federal administration of this 

21 Act. 

22 SEC. 4. SUBSIDIZED EMPLOYMENT FOR UNEMPLOYED, 

23 LOW-INCOME ADULTS. 

24 (a) IN GENERAL.— 


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1 (1) ALLOTMENTS.—From the funds available 

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

3 make an allotment under subsection (b) to each 

4 State that has a State plan approved under sub5 section (c) and to each outlying area and recipient 

6 under section 166(c) of the Workforce Investment 

7 Act of 1998 (29 U.S.C. 2911(c)) that meets the re8 quirements of this section, for the purpose of pro9 viding subsidized employment opportunities to unem10 ployed, low-income adults. 

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

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

13 Labor, in coordination with the Secretary of Health 

14 and Human Services, shall issue guidance regarding 

15 the implementation of this section. Such guidance 

16 shall, consistent with this section, include procedures 

17 for the submission and approval of State and local 

18 plans and the allotment and allocation of funds, in19 cluding reallotment and reallocation of such funds, 

20 that promote the expeditious and effective implemen21 tation of the activities authorized under this section. 

22 (b) STATE ALLOTMENTS.— 

23 (1) RESERVATIONS FOR OUTLYING AREAS AND

24 TRIBES.—Of the funds described in subsection 

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


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(A) not more than 1 1 ⁄4 of 1 percent to pro2 vide assistance to outlying areas to provide sub3 sidized employment to unemployed, low-income 

4 adults; and 

5 (B) 1.5 percent to provide assistance to re6 cipients under section 166(c) of the Workforce 

7 Investment Act of 1998 (relating to Native 

8 Americans; 29 U.S.C. 2911(c)) to provide sub9 sidized employment to unemployed, low-income 

10 adults. 

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

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

13 the Secretary of Labor shall allot the remainder of 

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

15 States by allotting— 

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

17 number of unemployed individuals in areas of 

18 substantial unemployment in each State, com19 pared to the total number of unemployed indi20 viduals in areas of substantial unemployment in 

21 all States; 

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

23 excess number of unemployed individuals in 

24 each State, compared to the total excess num25 ber of unemployed individuals in all States; and 


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

2 number of disadvantaged adults and youth in 

3 each State, compared to the total number of 

4 disadvantaged adults and youth in all States. 

5 (3) DEFINITIONS.—For purposes of the for6 mula described in paragraph (2)— 

7 (A) AREA OF SUBSTANTIAL UNEMPLOY8 MENT.—The term ‘‘area of substantial unem9 ployment’’ means any contiguous area that has 

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

11 average rate of unemployment of at least 6.5 

12 percent for the most recent 12 months, as de13 termined by the Secretary. 

14 (B) DISADVANTAGED ADULT OR YOUTH.— 

15 The term ‘‘disadvantaged adult or youth’’ 

16 means an individual who is age 16 or older 

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

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

19 2862(b)(1)(B)(v)(I))) who received an income, 

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

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

22 does not exceed the higher of— 

23 (i) the poverty line; or 

24 (ii) 70 percent of the lower living 

25 standard income level. 


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

2 number’’ means, used with respect to unem3 ployed individuals in a State, the higher of— 

4 (i) the number that represents the 

5 number of unemployed individuals in ex6 cess of 4.5 percent of the civilian labor 

7 force in the State; or 

8 (ii) the number that represents the 

9 number of unemployed individuals in ex10 cess of 4.5 percent of the civilian labor 

11 force in areas of substantial unemployment 

12 in such State. 

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

14 does not submit a State plan by the date specified 

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

16 approval of a State plan, the amount the State 

17 would have been eligible to receive pursuant to the 

18 formula under paragraph (2) shall be transferred 

19 within the Fund and added to the amounts available 

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

21 (c) STATE PLAN.— 

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

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

24 the Governor of the State shall submit to the Sec25 retary of Labor a State plan in such form and conVerDate Mar 15 2010 00:47 Jul 24, 2013 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2770.IH H2770

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1 taining such information as the Secretary may re2 quire. At a minimum, such plan shall include— 

3 (A) a description of the strategies and ac4 tivities to be carried out by the State, in coordi5 nation with employers in the State, to provide 

6 subsidized employment opportunities to unem7 ployed, low-income adults, including strategies 

8 relating to the level and duration of subsidies 

9 consistent with subsection (e)(2); 

10 (B) a description of the requirements the 

11 State will apply relating to the eligibility of un12 employed, low-income adults, consistent with 

13 section 8, for subsidized employment opportuni14 ties, which requirements may include criteria to 

15 target assistance to particular categories of 

16 such adults, such as individuals with disabilities 

17 or individuals who have exhausted all rights to 

18 unemployment compensation; 

19 (C) a description of how the funds allotted 

20 to provide subsidized employment opportunities 

21 will be administered in the State and (if admin22 istered by entities described in subsection 

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

24 subsection (d); 


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1 (D) a description of the performance out2 comes to be achieved by the State through the 

3 activities carried out under this section and the 

4 processes the State will use to track perform5 ance, consistent with guidance provided by the 

6 Secretary of Labor regarding such outcomes 

7 and processes and with section 7(b); 

8 (E) a description of the coordination of ac9 tivities to be carried out with the funds pro10 vided under this section with activities under 

11 title I of the Workforce Investment Act of 1998 

12 (29 U.S.C. 2801 et seq.), the program of block 

13 grants to States for temporary assistance for 

14 needy families established under part A of title 

15 IV of the Social Security Act (referred to in 

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

17 601 et seq.) and other appropriate Federal and 

18 State programs that may assist unemployed, 

19 low-income adults in obtaining and retaining 

20 employment; 

21 (F) a description of the timelines for im22 plementation of the activities described in sub23 paragraph (A), and the number of unemployed, 

24 low-income adults expected to be placed in sub25 sidized employment by calendar quarter; 


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1 (G) assurances that the State will report 

2 such information as the Secretary of Labor may 

3 require relating to fiscal, performance, and 

4 other matters as the Secretary determines is 

5 necessary to effectively monitor the activities 

6 carried out under this section; and 

7 (H) assurances that the State will ensure 

8 compliance with the requirements, restrictions, 

9 labor standards, and other provisions described 

10 in section 7(a). 

11 (2) SUBMISSION AND APPROVAL OF STATE

12 PLAN.— 

13 (A) SUBMISSION WITH OTHER PLANS.— 

14 The State plan described in paragraph (1) may 

15 be submitted in conjunction with the State plan 

16 modification or other request for funds by the 

17 State required under section 5, and may be 

18 submitted as a modification to a State plan 

19 that has been approved under section 112 of 

20 the Workforce Investment Act of 1998 (29 

21 U.S.C. 2822). 

22 (B) SUBMISSION AND APPROVAL.— 

23 (i) SUBMISSION.—The Governor shall 

24 submit the State plan described in para25 graph (1) to the Secretary of Labor not 


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1 later than 75 days after the date of enact2 ment of this Act and the Secretary of 

3 Labor shall make a determination regard4 ing the approval or disapproval of such 

5 plan not later than 45 days after the sub6 mission of such plan. If the plan is dis7 approved, the Secretary of Labor may pro8 vide a reasonable period of time in which 

9 the plan may be amended and resubmitted 

10 for approval. 

11 (ii) APPROVAL.—The Secretary of 

12 Labor shall approve a State plan that the 

13 Secretary determines is consistent with the 

14 requirements of this section and reasonably 

15 appropriate and adequate to carry out the 

16 objectives of this section. If the plan is ap17 proved, the Secretary shall allot funds to 

18 the State under subsection (b) within 30 

19 days after such approval. 

20 (3) MODIFICATIONS TO STATE PLAN.—The 

21 Governor may submit a modification to a State plan 

22 under this subsection, consistent with the require23 ments of this section. 

24 (d) ADMINISTRATION WITHIN THE STATE.— 


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

2 funds for activities under this section through— 

3 (A) the State and local entities responsible 

4 for the administration of the formula program 

5 of workforce investment activities for adults 

6 under subtitle B of title I of the Workforce In7 vestment Act of 1998; 

8 (B) the State agency or agencies respon9 sible for the administration of the TANF pro10 gram; or 

11 (C) a combination of the entities and agen12 cy or agencies described in subparagraphs (A) 

13 and (B). 

14 (2) WITHIN-STATE ALLOCATIONS.— 

15 (A) ALLOCATION OF FUNDS.—The Gov16 ernor may reserve not more than 5 percent of 

17 the funds made available through the allotment 

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

19 technical assistance, and shall allocate the re20 mainder, in accordance with the option elected 

21 under paragraph (1)— 

22 (i) among local workforce investment 

23 areas within the State in accordance with 

24 subparagraphs (A), (B), and (C) of sub25 section (b)(2), except that for purposes of 


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1 such allocation references to a State in 

2 such subsection shall be deemed to be ref3 erences to a local workforce investment 

4 area and references to all States shall be 

5 deemed to be references to all local work6 force investment areas in the State in7 volved, and not more than 10 percent of 

8 the funds so allocated to a local workforce 

9 investment area may be used for the costs 

10 of administration of this section; or 

11 (ii) through entities responsible for 

12 the provision of services under the TANF 

13 program to local populations in such man14 ner as the State agency or agencies re15 sponsible for the administration of the 

16 TANF program may determine to be ap17 propriate. 

18 (B) LOCAL PLANS.— 

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

20 the responsibility for the administration of 

21 the activities described in subsection (e) is 

22 to be carried out by the entities described 

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

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

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1 nership with the chief elected official of the 

2 local workforce investment area involved, 

3 shall submit to the Governor a local plan 

4 for the use of such funds under this sec5 tion not later than 30 days after the sub6 mission of the State plan. Such local plan 

7 may be submitted as a modification to a 

8 local plan approved under section 118 of 

9 the Workforce Investment Act of 1998 (29 

10 U.S.C. 2828). 

11 (ii) CONTENTS.—The local plan de12 scribed in clause (i) shall contain the infor13 mation described in subparagraphs (A) 

14 through (H) of subsection (c)(1), as ap15 plied to the local workforce investment 

16 area. 

17 (iii) APPROVAL.—The Governor shall 

18 approve or disapprove the local plan sub19 mitted under clause (i) not later than a 

20 date (referred to in this clause as the 

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

22 later of the 30th day after the submission 

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

24 approval of the State plan. The Governor 

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1 ernor determines that the plan is incon2 sistent with the requirements of this sec3 tion or is not reasonably appropriate and 

4 adequate to carry out the objectives of this 

5 section. If the Governor has not made a 

6 determination by the final determination 

7 date, the plan shall be considered to be ap8 proved. If the plan is disapproved, the Gov9 ernor may provide a reasonable period of 

10 time in which the plan may be amended 

11 and resubmitted for approval. If the plan 

12 is approved, the Governor shall allocate 

13 funds to the local workforce investment 

14 area involved under subparagraph (A)(i) 

15 within 30 days after such approval. 

16 (C) REALLOCATION OF FUNDS TO LOCAL

17 WORKFORCE INVESTMENT AREAS.—If a local 

18 workforce investment board and chief elected 

19 official do not submit a local plan by the date 

20 specified in subparagraph (B)(i), or the Gov21 ernor disapproves a local plan, the amount the 

22 local workforce investment area would have 

23 been eligible to receive pursuant to the formula 

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

25 local workforce investment areas that receive 


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1 approval of their local plans under subpara2 graph (B). Each such local workforce invest3 ment area shall receive a share of the total 

4 amount available for reallocation under this 

5 subparagraph, in accordance with the area’s 

6 share of the total amount allocated under sub7 paragraph (A)(i) to such local workforce invest8 ment areas. 

9 (e) USE OF FUNDS.— 

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

11 under this section shall be used to provide subsidized 

12 employment for unemployed, low-income adults. The 

13 entities described in subsection (d)(1) may use a va14 riety of strategies in recruiting employers and identi15 fying appropriate employment opportunities, but 

16 shall give priority to providing employment opportu17 nities likely to lead to unsubsidized employment in 

18 emerging or in-demand occupations in the area 

19 served through the grant involved. Funds made 

20 available under this section may be used to provide 

21 support services, such as transportation and child 

22 care, that are necessary to enable the participation 

23 of such adults in subsidized employment opportuni24 ties. 


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

2 entities described in subsection (d)(1) may deter3 mine the percentage of the wages and costs of em4 ploying a participant for which an employer may re5 ceive a subsidy with the funds made available under 

6 this section, and the duration of such subsidy, in ac7 cordance with guidance issued by the Secretary in 

8 coordination with the Secretary of Health and 

9 Human Services. The entities may establish criteria 

10 for determining such percentage or duration, using 

11 appropriate factors such as the size of the employer 

12 and types of employment. 

13 (f) COORDINATION OF FEDERAL ADMINISTRATION.— 

14 The Secretary of Labor shall administer this section in 

15 coordination with the Secretary of Health and Human 

16 Services to ensure the effective implementation of this sec17 tion. 

18 SEC. 5. SUMMER EMPLOYMENT AND YEAR-ROUND EMPLOY19 MENT OPPORTUNITIES FOR LOW-INCOME 

20 AND DISCONNECTED YOUTH. 

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

22 section 3(a)(2), the Secretary of Labor shall make an al23 lotment under subsection (c) to each State that has a 

24 modification to a State plan approved under section 112 

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


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1 2822) (referred to in this section as a ‘‘State plan modi2 fication’’) (or other State request for funds specified in 

3 guidance under subsection (b)) approved under subsection 

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

5 166(c) of the Workforce Investment Act of 1998 (29 

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

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

8 section, for the purpose of providing summer employment 

9 and year-round employment opportunities to low-income 

10 youth. 

11 (b) GUIDANCE AND APPLICATION OF REQUIRE12 MENTS.— 

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

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

15 Labor shall issue guidance regarding the implemen16 tation of this section. 

17 (2) PROCEDURES.—Such guidance shall, con18 sistent with this section, include procedures for— 

19 (A) the submission and approval of State 

20 plan modifications, for such other forms of re21 quests for funds by the State as may be identi22 fied in such guidance, for modifications to local 

23 plans approved under section 118 of the Work24 force Investment Act of 1998 (29 U.S.C. 2833) 

25 (referred to individually in this section as a 


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

2 forms of requests for funds by local workforce 

3 investment areas as may be identified in such 

4 guidance, that promote the expeditious and ef5 fective implementation of the activities author6 ized under this section; and 

7 (B) the allotment and allocation of funds, 

8 including reallotment and reallocation of such 

9 funds that promote such implementation. 

10 (3) REQUIREMENTS.—Except as otherwise pro11 vided in the guidance described in paragraph (1) 

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

13 the funds provided for activities under this section 

14 shall be administered in accordance with the provi15 sions of subtitles B and E of title I of the Workforce 

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

17 2911 et seq.) relating to youth activities. 

18 (c) STATE ALLOTMENTS.— 

19 (1) RESERVATIONS FOR OUTLYING AREAS AND

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

21 the Secretary shall reserve— 

(A) not more than 1 22 ⁄4 of 1 percent to pro23 vide assistance to outlying areas to provide 

24 summer employment and year-round employ25 ment opportunities to low-income youth; and 


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1 (B) 1.5 percent to provide assistance to 

2 Native American grantees to provide summer 

3 employment and year-round employment oppor4 tunities to low-income youth. 

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

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

7 the Secretary of Labor shall allot the remainder of 

8 the funds described in subsection (a) among the 

9 States in accordance with the subparagraphs (A), 

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

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

12 does not submit a State plan modification or other 

13 State request for funds specified in guidance under 

14 subsection (b) by the date specified in subsection 

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

16 such State plan modification or request, the amount 

17 the State would have been eligible to receive pursu18 ant to the formula under paragraph (2) shall be 

19 transferred within the Fund and added to the 

20 amounts available for competitive grants under sec21 tion 3(a)(3). 

22 (d) STATE PLAN MODIFICATION.— 

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

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

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1 retary of Labor a State plan modification, or other 

2 State request for funds specified in guidance under 

3 subsection (b), in such form and containing such in4 formation as the Secretary may require. At a min5 imum, such State plan modification or request shall 

6 include— 

7 (A) a description of the strategies and ac8 tivities to be carried out to provide summer em9 ployment opportunities and year-round employ10 ment opportunities, including linkages to train11 ing and educational activities, consistent with 

12 subsection (f); 

13 (B) a description of the requirements the 

14 States will apply relating to the eligibility of 

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

16 summer employment opportunities and year17 round employment opportunities, which require18 ments may include criteria to target assistance 

19 to particular categories of such low-income 

20 youth, such as youth with disabilities, con21 sistent with subsection (f); 

22 (C) a description of the performance out23 comes to be achieved by the State through the 

24 activities carried out under this section and the 

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1 ance, consistent with guidance provided by the 

2 Secretary of Labor regarding such outcomes 

3 and processes and with section 7(b); 

4 (D) a description of the timelines for im5 plementation of the activities described in sub6 paragraph (A), and the number of low-income 

7 youth expected to be placed in summer employ8 ment opportunities, and year-round employment 

9 opportunities, respectively, by calendar quarter; 

10 (E) assurances that the State will report 

11 such information as the Secretary may require 

12 relating to fiscal, performance, and other mat13 ters as the Secretary determines is necessary to 

14 effectively monitor the activities carried out 

15 under this section; 

16 (F) assurances that the State will ensure 

17 compliance with the requirements, restrictions, 

18 labor standards, and other provisions described 

19 in section 7(a); and 

20 (G) for any employment opportunity that 

21 will provide participants with an industry-recog22 nized credential, a description of the credential. 

23 (2) SUBMISSION AND APPROVAL OF STATE

24 PLAN MODIFICATION OR REQUEST.— 


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1 (A) SUBMISSION.—The Governor shall 

2 submit the State plan modification or other 

3 State request for funds specified in guidance 

4 under subsection (b) to the Secretary of Labor 

5 not later than 30 days after the issuance of 

6 such guidance. The State plan modification or 

7 other State request for funds may be submitted 

8 in conjunction with the State plan required 

9 under section 4. 

10 (B) APPROVAL.—The Secretary of Labor 

11 shall approve the State plan modification or re12 quest submitted under subparagraph (A) within 

13 30 days after submission, unless the Secretary 

14 determines that the plan 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 plan or request 

18 shall be considered to be approved. If the plan 

19 or request is disapproved, the Secretary may 

20 provide a reasonable period of time in which the 

21 plan or request may be amended and resub22 mitted for approval. If the plan or request is 

23 approved, the Secretary shall allot funds to the 

24 State under subsection (c) within 30 days after 

25 such approval. 


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1 (3) MODIFICATIONS TO STATE PLAN OR RE2 QUEST.—The Governor may submit further modi3 fications to a State plan modification or other State 

4 request for funds specified under subsection (b), 

5 consistent with the requirements of this section. 

6 (e) WITHIN-STATE ALLOCATION AND ADMINISTRA7 TION.— 

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

9 State under subsection (c), the Governor— 

10 (A) may reserve not more than 5 percent 

11 of the funds for administration and technical 

12 assistance; and 

13 (B) shall allocate the remainder of the 

14 funds among local workforce investment areas 

15 within the State in accordance with subpara16 graphs (A), (B), and (C) of section 4(b)(2), ex17 cept that for purposes of such allocation ref18 erences to a State in such subsection shall be 

19 deemed to be references to a local workforce in20 vestment area and references to all States shall 

21 be deemed to be references to all local work22 force investment areas in the State involved. 

23 Not more than 10 percent of the funds so allo24 cated to a local workforce investment area may 


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1 be used for the costs of administration of this 

2 section. 

3 (2) LOCAL PLAN.— 

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

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

6 workforce investment board, in partnership with 

7 the chief elected official for the local workforce 

8 investment area involved, shall submit to the 

9 Governor a local plan modification, or such 

10 other request for funds by local workforce in11 vestment areas as may be specified in guidance 

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

13 after the submission by the State of the State 

14 plan modification or other State request for 

15 funds specified in guidance under subsection 

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

17 carried out under this section. 

18 (B) APPROVAL.—The Governor shall ap19 prove the local plan modification or other local 

20 request for funds submitted under subpara21 graph (A) within 30 days after submission, un22 less the Governor determines that the plan or 

23 request is inconsistent with requirements of this 

24 section. If the Governor has not made a deter25 mination within that 30-day period, the plan 


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1 shall be considered to be approved. If the plan 

2 or request is disapproved, the Governor may 

3 provide a reasonable period of time in which the 

4 plan or request may be amended and resub5 mitted for approval. If the plan or request is 

6 approved, the Governor shall allocate funds to 

7 the local workforce investment area within 30 

8 days after such approval. 

9 (3) REALLOCATION.—If a local workforce in10 vestment board and chief elected official do not sub11 mit a local plan modification (or other local request 

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

13 by the date specified in paragraph (2), or the Gov14 ernor disapproves a local plan, the amount the local 

15 workforce investment area would have been eligible 

16 to receive pursuant to the formula under paragraph 

17 (1)(B) shall be allocated to local workforce invest18 ment areas that receive approval of their local plan 

19 modifications or local requests for funds under para20 graph (2). Each such local workforce investment 

21 area shall receive a share of the total amount avail22 able for reallocation under this subparagraph, in ac23 cordance with the area’s share of the total amount 

24 allocated under paragraph (1)(B) to such local work25 force investment areas. 


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1 (f) USE OF FUNDS.— 

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

3 under this section shall be used— 

4 (A) to provide summer employment oppor5 tunities for low-income youth, with direct link6 ages to academic and occupational learning, 

7 and may be used to provide supportive services, 

8 such as transportation or child care, that is 

9 necessary to enable the participation of such 

10 youth in the opportunities; and 

11 (B) to provide year-round employment op12 portunities, which may be combined with other 

13 activities authorized under section 129 of the 

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

15 2854), to low-income youth, giving priority to 

16 out-of-school youth who are— 

17 (i) high school dropouts; or 

18 (ii) recipients of a secondary school 

19 diploma or its recognized equivalent but 

20 who are basic skills deficient, unemployed, 

21 or underemployed. 

22 (2) PROGRAM PRIORITIES.—In administering 

23 the funds under this section, the local board and 

24 chief elected official shall give priority to— 


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1 (A) identifying employment opportunities 

2 that are— 

3 (i) in emerging or in-demand occupa4 tions in the local workforce investment 

5 area; or 

6 (ii) in the public or nonprofit sector 

7 and meet community needs; and 

8 (B) linking participants in year-round em9 ployment opportunities to training and edu10 cational activities that will provide such partici11 pants with an industry-recognized credential. 

12 (3) PERFORMANCE ACCOUNTABILITY.—For ac13 tivities funded under this section, in lieu of meeting 

14 the requirements described in section 136 of the 

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

16 2871), States and local workforce investment areas 

17 shall provide such reports as the Secretary of Labor 

18 may require regarding the performance outcomes de19 scribed in section 7(b)(5). 

20 SEC. 6. WORK-RELATED AND EDUCATIONAL STRATEGIES 

21 AND ACTIVITIES OF DEMONSTRATED EFFEC22 TIVENESS. 

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

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

25 on a competitive basis to eligible entities to carry out 


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1 work-related and educational strategies and activities of 

2 demonstrated effectiveness. 

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

4 grant under ths section, an entity— 

5 (1) shall include— 

6 (A) a partnership involving a chief elected 

7 official, and the local workforce investment 

8 board for the local workforce investment area 

9 involved (which may include a partnership with 

10 elected officials and workforce investment 

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

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

13 contract, or agreement under section 166 of the 

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

15 2911); and 

16 (2) may include, in combination with a partner17 ship or entity described in paragraph (1)— 

18 (A) employers or employer associations; 

19 (B) adult education providers or postsec20 ondary educational institutions, including com21 munity colleges; 

22 (C) community-based organizations; 

23 (D) joint labor-management committees; 

24 (E) work-related intermediaries; or 

25 (F) other appropriate organizations. 


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

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

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

4 containing such information as the Secretary may require. 

5 At a minimum, the application shall— 

6 (1) describe the strategies and activities of dem7 onstrated effectiveness that the eligible entity will 

8 carry out to provide unemployed, low-income adults 

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

10 employment upon completion of participation in such 

11 activities; 

12 (2) describe the requirements that will apply re13 lating to the eligibility of unemployed, low-income 

14 adults or low-income youth, consistent with section 

15 8, for activities carried out under this section, which 

16 requirements may include criteria to target assist17 ance to particular categories of such adults and 

18 youth, such as individuals with disabilities or indi19 viduals who have exhausted all rights to unemploy20 ment compensation; 

21 (3) describe how the strategies and activities 

22 will address the needs of the target populations iden23 tified in paragraph (2) and the needs of employers 

24 in the local workforce investment area; 


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1 (4) describe the expected outcomes to be 

2 achieved by implementing the strategies and activi3 ties; 

4 (5) provide evidence that the funds provided 

5 through the grant will be expended expeditiously and 

6 efficiently to implement the strategies and activities; 

7 (6) describe how the strategies and activities 

8 will be coordinated with other Federal, State, and 

9 local programs providing employment, education, 

10 and supportive activities; 

11 (7) provide evidence of employer commitment to 

12 participate in the activities funded under this sec13 tion, including identification of anticipated occupa14 tional and skill needs; 

15 (8) provide assurances that the eligible entity 

16 will report such information as the Secretary may 

17 require relating to fiscal, performance, and other 

18 matters as the Secretary determines is necessary to 

19 effectively monitor the activities carried out under 

20 this section; 

21 (9) provide assurances that the eligible entity 

22 will ensure compliance with the requirements, re23 strictions, labor standards, and other provisions de24 scribed in section 7(a); and 


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1 (10) for any activity leading to the acquisition 

2 of an industry-recognized credential, a description of 

3 the credential. 

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

5 under this section, the Secretary of Labor shall give pri6 ority to applications submitted by eligible entities from 

7 areas of high poverty and high unemployment, as defined 

8 by the Secretary, such as Public Use Microdata Areas des9 ignated by the Bureau of the Census. 

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

11 under this section shall use the funds made available 

12 through the grant to support strategies and activities of 

13 demonstrated effectiveness that are designed to provide 

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

15 skills that will lead to employment as part of or upon com16 pletion of participation in such activities. Such strategies 

17 and activities may include— 

18 (1) on-the-job training, registered apprentice19 ship programs, or other programs that combine work 

20 with skills development; 

21 (2) sector-based training programs that have 

22 been designed to meet the specific requirements of 

23 an employer or group of employers in that sector 

24 and for which employers are committed to hiring in25 dividuals upon successful completion of the training; 


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1 (3) training that supports an industry sector or 

2 an employer-based or labor-management committee 

3 industry partnership and that includes a significant 

4 work experience component; 

5 (4) activities that lead to the acquisition of in6 dustry-recognized credentials in a field identified by 

7 the State or local workforce investment area as a 

8 growth sector or in-demand industry in which there 

9 are likely to be significant job opportunities in the 

10 short term; 

11 (5) activities that provide connections to imme12 diate work opportunities, including subsidized em13 ployment opportunities, or summer employment op14 portunities for youth, that include concurrent skills 

15 training and other supports; 

16 (6) activities offered through career academies 

17 that provide students with the academic preparation 

18 and training, such as paid internships and concur19 rent enrollment in community colleges or other post20 secondary institutions, needed to pursue a career 

21 pathway that leads to postsecondary credentials and 

22 high-demand jobs; and 

23 (7) adult basic education and integrated basic 

24 education and training for low-skilled adults that are 

25 tied to employer workforce needs, hosted at commuVerDate Mar 15 2010 00:47 Jul 24, 2013 Jkt 029200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H2770.IH H2770

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1 nity colleges or at other sites, to prepare individuals 

2 for jobs that are in demand in a local workforce in3 vestment area. 

4 (f) COORDINATION OF FEDERAL ADMINISTRATION.— 

5 The Secretary of Labor shall administer this section in 

6 coordination with the Secretary of Education, the Sec7 retary of Health and Human Services, and other appro8 priate agency heads, to ensure the effective implementa9 tion of this section. 

10 SEC. 7. GENERAL REQUIREMENTS. 

11 (a) LABOR STANDARDS AND PROTECTIONS.—Activi12 ties provided with funds made available under this Act 

13 shall be subject to the requirements and restrictions, in14 cluding the labor standards, described in section 181 of 

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

16 and the nondiscrimination provisions of section 188 of 

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

18 Federal laws. 

19 (b) REPORTING.—The Secretary shall require the re20 porting of information relating to fiscal, performance, and 

21 other matters that the Secretary determines is necessary 

22 to effectively monitor the activities carried out with funds 

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

24 grants or subgrants under this Act shall provide informa25 tion relating to— 


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1 (1) the number of individuals participating in 

2 activities with funds provided under this Act and the 

3 number of such individuals who have completed such 

4 participation; 

5 (2) the expenditures of funds provided under 

6 this Act; 

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

8 activities carried out under this Act; 

9 (4) the demographic characteristics of individ10 uals participating in activities under this Act; and 

11 (5) the performance outcomes for individuals 

12 participating in activities under this Act, including— 

13 (A) for adults participating in activities 

14 funded under section 4 performance on indica15 tors consisting of— 

16 (i) entry into unsubsidized employ17 ment; 

18 (ii) retention in unsubsidized employ19 ment; and 

20 (iii) earnings in unsubsidized employ21 ment; 

22 (B) for low-income youth participating in 

23 summer employment activities under sections 5 

24 and 6 performance on indicators consisting of— 


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1 (i) work readiness skill attainment, 

2 using an employer-validated checklist; and 

3 (ii) placement in or return to sec4 ondary or postsecondary education or 

5 training, or entry into unsubsidized em6 ployment; 

7 (C) for low-income youth participating in 

8 year-round employment activities under section 

9 5 or in activities under section 6 performance 

10 on indicators consisting of— 

11 (i) placement in or return to postsec12 ondary education; 

13 (ii) attainment of a secondary school 

14 diploma or its recognized equivalent; 

15 (iii) attainment of an industry-recog16 nized credential; and 

17 (iv) entry into unsubsidized employ18 ment, retention, and earnings as described 

19 in subparagraph (A); and 

20 (D) for unemployed, low-income adults 

21 participating in activities under section 6— 

22 (i) entry into unsubsidized employ23 ment, retention, and earnings as described 

24 in subparagraph (A); and 


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1 (ii) attainment of an industry-recog2 nized credential. 

3 (c) ACTIVITIES REQUIRED TO BE ADDITIONAL.— 

4 Funds provided under this Act shall only be used for ac5 tivities that are in addition to activities that would other6 wise be available in the State or local workforce invest7 ment area in the absence of such funds. 

8 (d) ADDITIONAL REQUIREMENTS.—The Secretary of 

9 Labor may establish such additional requirements as the 

10 Secretary determines may be necessary to ensure fiscal in11 tegrity, effective monitoring, and appropriate and prompt 

12 implementation of the activities under this Act. 

13 (e) REPORT OF INFORMATION AND EVALUATIONS TO

14 CONGRESS AND THE PUBLIC.—The Secretary of Labor 

15 shall provide to the appropriate committees of Congress 

16 and make available to the public the information reported 

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

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

19 SEC. 8. DEFINITIONS. 

20 In this Act: 

21 (1) CHIEF ELECTED OFFICIAL.—The term 

22 ‘‘chief elected official’’ means the chief elected execu23 tive officer of a unit of local government in a local 

24 workforce investment area or in the case in which 

25 such an area includes more than one unit of general 


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1 government, the individuals designated under an 

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

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

4 2832(c)(1)(B)). 

5 (2) INDUSTRY-RECOGNIZED CREDENTIAL.—The 

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

7 credential within the meaning of section 3 of the 

8 Carl D. Perkins Career and Technical Education 

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

10 (3) LOCAL WORKFORCE INVESTMENT AREA.— 

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

12 such area designated under section 116 of the Work13 force Investment Act of 1998 (29 U.S.C. 2831). 

14 (4) LOCAL WORKFORCE INVESTMENT BOARD.— 

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

16 such board established under section 117 of the 

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

18 2832). 

19 (5) LOW-INCOME YOUTH.— 

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

21 youth’’ means an individual who is not younger 

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

23 an individual described in subparagraph (B) or 

24 (C). 


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1 (B) ELIGIBLE YOUTH.—For purposes of 

2 this paragraph, an individual described in this 

3 subparagraph— 

4 (i) meets the definition of a low-in5 come individual provided in section 

6 101(25) of the Workforce Investment Act 

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

8 that— 

9 (I) States and local workforce in10 vestment areas, subject to approval in 

11 the applicable State plans and local 

12 plans, may increase the income level 

13 specified in subparagraph (B)(i) of 

14 such section to an amount not in ex15 cess of 200 percent of the poverty line 

16 for purposes of determining eligibility 

17 for participation in activities under 

18 section 5; and 

19 (II) eligible entities described in 

20 section 6(b), subject to approval in 

21 the applicable applications for funds, 

22 may make such an increase for pur23 poses of determining eligibility for 

24 participation in activities under sec25 tion 6; and 


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

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

3 Workforce Investment Act of 1998 (29 

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

5 (C) YOUTH ELIGIBLE FOR SCHOOL

6 LUNCHES.—For purposes of this paragraph, an 

7 individual described in this subparagraph re8 ceives or is eligible to receive a free or reduced 

9 price lunch under the Richard B. Russell Na10 tional School Lunch Act (42 U.S.C. 1751 et 

11 seq.). 

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

13 area’’ means the United States Virgin Islands, 

14 Guam, American Samoa, the Commonwealth of the 

15 Northern Mariana Islands, and the Republic of 

16 Palau (except during any period for which the Sec17 retary of Labor determines that a Compact of Free 

18 Association is in effect and provides for Federal as19 sistance for education or training). 

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

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

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

23 9902), applicable to family of the size involved. 


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

2 term ‘‘unemployed, low-income adult’’ means an in3 dividual who— 

4 (A) is age 18 or older; 

5 (B) is without employment and is seeking 

6 assistance under this Act to obtain employment; 

7 and 

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

9 individual specified in section 101(25) of the 

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

11 2801(25)), except that— 

12 (i) States and local entities described 

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

14 in the applicable State plans and local 

15 plans described in section 4, or a State 

16 agency or agencies described in section 

17 4(d)(1)(B), subject to approval in the 

18 State plan described in section 4, may in19 crease the income level specified in sub20 paragraph (B)(i) of such section 101(25) 

21 to an amount not in excess of 200 percent 

22 of the poverty line for purposes of deter23 mining eligibility for participation in activi24 ties under section 4; and 


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1 (ii) eligible entities described in sec2 tion 6(b), subject to approval in the appli3 cable applications for funds, may make 

4 such an increase for purposes of deter5 mining eligibility for participation in activi6 ties under section 6. 

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

8 the several States of the United States, the District 

9 of Columbia, and the Commonwealth of Puerto Rico. 

Æ 


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