II 

112TH CONGRESS 

2D SESSION S. 3273 

To establish a youth summer employment program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 7, 2012 

Mr. BROWN of Massachusetts introduced the following bill; which was read 

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

Pensions 

A BILL 

To establish a youth summer employment program, and for 

other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Youth Summer Jobs 

5 Act of 2012’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Waste, fraud, and abuse must be confronted 

9 in every corner of the Federal Government. Elimi10 nation of waste, fraud, and abuse can return signifiVerDate Mar 15 2010 23:32 Jun 12, 2012 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3273.IS S3273

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1 cant funding to the Treasury, which can be spent on 

2 the Nation’s many priorities. 

3 (2) To describe just a few examples of waste, 

4 fraud, and abuse— 

5 (A) at the end of fiscal year 2011, the 

6 Government Accountability Office identified 

7 more than $794,000,000 in funding remaining 

8 in expired grant accounts; 

9 (B)(i) the amount of uncollected Federal 

10 taxes, sometimes referred to as the ‘‘tax gap’’, 

11 for a year may approach an estimated 

12 $500,000,000,000; 

13 (ii) contract and grant recipients under the 

14 American Recovery and Reinvestment Act of 

15 2009 owed more than $750,000,000 in unpaid 

16 Federal taxes; 

17 (iii) according to an annual Federal Em18 ployee Retiree Delinquency Initiative report re19 leased by the Internal Revenue Service— 

20 (I) 98,000 Federal civilian employees 

21 owed approximately $1,034,000,000 in se22 riously delinquent tax debt in 2010; and 

23 (II) when retirees and military per24 sonnel are included, nearly 280,000 people 

25 owed $3,400,000,000 in such debt; 


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1 (iv)(I) the Federal Government made ap2 proximately $104,000,000,000 in overpayments 

3 in fiscal year 2011; and 

4 (II) the Office of Personnel Management 

5 Inspector General reports that the Federal Gov6 ernment made, in that year, $601,000,000 in 

7 improper payments to Federal retirees found to 

8 have already died; 

9 (v) waste, fraud and abuse in Federal 

10 health care programs may approach 

11 $100,000,000,000 a year; and 

12 (vi) last year the Federal Government’s 

13 health care fraud prevention and enforcement 

14 efforts recovered nearly $4,100,000,000 in tax15 payer dollars. 

16 (3) The Summer Jobs+ youth summer jobs ini17 tiative implemented by President Obama in the ab18 sence of the passage of the American Jobs Act is an 

19 innovative program that should be expanded and 

20 continued, thereby ensuring maximum employment 

21 opportunities for youth in the United States. 

22 SEC. 3. ESTABLISHMENT OF YOUTH SUMMER EMPLOY23 MENT SUCCESS FUND. 

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

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


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1 known as the Youth Summer Employment Success Fund 

2 (referred to in this Act as ‘‘the Fund’’.) 

3 (b) TRANSFER INTO THE FUND.— 

4 (1) IN GENERAL.—The Secretary of the Treas5 ury shall transfer to the Fund out of any amounts 

6 in the general fund of the Treasury not otherwise 

7 appropriated— 

8 (A) effective on the date of the rescission 

9 described in subsection (c)(1), $1,000,000,000; 

10 and 

11 (B) effective on the date of the rescission 

12 described in subsection (c)(2), $1,000,000,000. 

13 (2) AVAILABILITY.—The amount in the Fund 

14 shall be available to the Secretary of Labor, as pro15 vided in appropriations Acts, for making expendi16 tures to carry out this Act. 

17 (c) UNSPENT FEDERAL FUNDS.— 

18 (1) IN GENERAL.—Notwithstanding any other 

19 provision of law, of all available unobligated funds— 

20 (A) $15,000,000,000 in discretionary 

21 funds appropriated for fiscal year 2012 is here22 by permanently rescinded; and 

23 (B) effective June 1, 2013, 

24 $15,000,000,000 in discretionary funds approVerDate Mar 15 2010 23:32 Jun 12, 2012 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3273.IS S3273

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1 priated for fiscal year 2013 is permanently re2 scinded. 

3 (2) IMPLEMENTATION.— 

4 (A) APPROPRIATION ACCOUNTS.—The Di5 rector of the Office of Management and Budget 

6 shall determine and identify from which appro7 priation accounts each rescission under para8 graph (1) shall apply and the amount of such 

9 rescission that shall apply to each such account. 

10 (B) REPORT.—The Director of the Office 

11 of Management and Budget shall submit a re12 port to the Secretary of the Treasury and Con13 gress of the accounts and amounts determined 

14 and identified for rescission under subpara15 graph (A)— 

16 (i) not later than 60 days after the 

17 date of enactment of this Act, with respect 

18 to a rescission described in paragraph 

19 (1)(A); and 

20 (ii) not later than April 1, 2013, with 

21 respect to a rescission described in para22 graph (1)(B). 

23 (3) EXCEPTION.—This subsection shall not 

24 apply to the unobligated funds of the Department of 

25 Veterans Affairs. 


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1 SEC. 4. AVAILABILITY OF FUNDS. 

2 (a) IN GENERAL.—Subject to subsection (b), the 

3 amount in the Fund shall be available to the Secretary 

4 of Labor for making allotments and providing assistance 

5 in accordance with section 5 to provide summer employ6 ment opportunities to youth. 

7 (b) RESERVATION.—The Secretary of Labor may re8 serve not more than 1 percent of the amount transferred 

9 to the Fund under section 3(b) for the costs of technical 

10 assistance, evaluations, and Federal administration of this 

11 Act. 

12 (c) PERIOD OF AVAILABILITY.—The amount in the 

13 Fund shall remain available for obligation by the Sec14 retary of Labor through June 30, 2013, and shall be avail15 able for expenditure by States and local workforce invest16 ment areas that receive funds under this Act through De17 cember 31, 2013. 

18 SEC. 5. ESTABLISHMENT AND OPERATION OF YOUTH SUM19 MER EMPLOYMENT PROGRAM. 

20 (a) IN GENERAL.—From the amount in the Fund 

21 that is not reserved under section 4(b) or subsection 

22 (c)(1), the Secretary of Labor shall make an allotment 

23 under subsection (c)(2) to each State that has a State plan 

24 modification approved under subsection (d), to each out25 lying area, and to each recipient under section 166(c) of 

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


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1 2911(c)), that meets the requirements of this Act, for the 

2 purpose of providing summer employment opportunities to 

3 youth. 

4 (b) GUIDANCE AND APPLICATION OF REQUIRE5 MENTS.— 

6 (1) GUIDANCE.—Not later than 7 days after 

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

8 Labor shall issue guidance regarding the implemen9 tation of this Act. Such guidance shall, consistent 

10 with this section, include procedures for the submis11 sion and approval of State plan modifications (in12 cluding State requests for funds in forms that are 

13 specified in such guidance), local plan modifications 

14 (including local workforce investment area requests 

15 for funds in forms that are specified in such guid16 ance), and the allotment and allocation of funds, in17 cluding reallotment and reallocation of such funds, 

18 that promote the expeditious and effective implemen19 tation of the activities authorized under this section. 

20 (2) REQUIREMENTS.—Except as otherwise pro21 vided in the guidance described in paragraph (1) 

22 and in this Act, the funds provided for activities 

23 under this section shall be administered in accord24 ance with subtitles B and E of title I of the WorkVerDate Mar 15 2010 23:32 Jun 12, 2012 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3273.IS S3273

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1 force Investment Act of 1998 (29 U.S.C. 2811 et 

2 seq., 2931 et seq.) relating to youth activities. 

3 (c) STATE ALLOTMENTS.— 

4 (1) RESERVATIONS FOR OUTLYING AREAS AND

5 TRIBES.—Of the amount in the Fund that is not re6 served under section 4(b), the Secretary of Labor 

7 shall reserve— 

(A) not more than 1 8 ⁄4 of 1 percent to pro9 vide assistance to outlying areas to provide 

10 summer employment opportunities to youth; 

11 and 

12 (B) 1.5 percent to provide assistance to re13 cipients under section 166(c) of the Workforce 

14 Investment Act of 1998 (29 U.S.C. 2911(c)) to 

15 provide summer employment opportunities to 

16 youth. 

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

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

19 the Secretary of Labor shall allot the remainder of 

20 the amount in the Fund among the eligible States 

21 under such a formula as the Secretary determines to 

22 be appropriate. 

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

24 does not submit a State plan modification by the 

25 30th day specified in subsection (d)(2)(A), or a 


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1 State does not receive approval of such State plan 

2 modification, the amount the State would have been 

3 eligible to receive pursuant to the formula under 

4 paragraph (2) shall be reallocated in accordance 

5 with that formula to States that receive such ap6 proval. 

7 (d) STATE PLAN MODIFICATION.— 

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

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

10 the Governor of the State shall submit to the Sec11 retary of Labor under paragraph (2) a State plan 

12 modification in such form and containing such infor13 mation as the Secretary may require. At a min14 imum, such plan modification shall include— 

15 (A) a description of the strategies and ac16 tivities to be carried out to provide summer em17 ployment opportunities for youth, including 

18 linkages described in subsection (g)(1); 

19 (B) a description of the requirements the 

20 State will apply relating to the eligibility of 

21 youth for summer employment opportunities, 

22 which requirements— 

23 (i) shall include a requirement that in 

24 order to participate, a youth shall be a na25 tional of the United States or an alien lawVerDate Mar 15 2010 23:32 Jun 12, 2012 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3273.IS S3273

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1 fully admitted for permanent residence (as 

2 those terms are defined in section 101(a) 

3 of the Immigration and Nationality Act (8 

4 U.S.C. 1101(a)), or a nonimmigrant alien 

5 lawfully present in the United States; and 

6 (ii) may include criteria to target as7 sistance to particular categories of youth, 

8 such as youth with disabilities, consistent 

9 with subsection (f); 

10 (C) a description of the performance out11 comes to be achieved by the State through the 

12 activities carried out under this section and the 

13 processes the State will use to track perform14 ance, consistent with guidance provided by the 

15 Secretary of Labor regarding such outcomes 

16 and processes and with section 6(b); 

17 (D) a description of the timelines for im18 plementation of the activities described in sub19 paragraph (A), and the number of youth ex20 pected to be placed in summer employment op21 portunities; 

22 (E) a description of the formula that will 

23 be used under subsection (e)(1)(B) to make al24 locations to local workforce investment areas; 


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1 (F) 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, that the Secretary determines is 

5 necessary to effectively monitor the activities 

6 carried out under this section; and 

7 (G) assurances that the State will ensure 

8 compliance with the requirements, restrictions, 

9 labor standards, and other protections described 

10 in section 6(a). 

11 (2) SUBMISSION AND APPROVAL OF STATE

12 PLAN MODIFICATION.— 

13 (A) SUBMISSION.—The Governor shall 

14 submit the State plan modification to the Sec15 retary of Labor not later than 30 days after the 

16 date of the issuance of the guidance described 

17 in subsection (b). If the plan modification is 

18 disapproved, the Secretary of Labor may pro19 vide a reasonable period of time in which the 

20 plan modification may be amended and resub21 mitted for approval. 

22 (B) APPROVAL.—The Secretary of Labor 

23 shall approve a State plan modification sub24 mitted under subparagraph (A) within 7 days 

25 after the date of the submission, unless the SecVerDate Mar 15 2010 23:32 Jun 12, 2012 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3273.IS S3273

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1 retary determines that the plan modification is 

2 inconsistent with the requirements of this Act. 

3 If the Secretary of Labor has not made such a 

4 determination within 7 days after that date of 

5 submission, the plan modification shall be con6 sidered to be approved. If the plan modification 

7 is approved, the Secretary of Labor shall allot 

8 funds to the State within 7 days after such ap9 proval. 

10 (3) MODIFICATIONS TO STATE PLAN MODIFICA11 TION.—The Governor may submit a further modi12 fication to a State plan modification under this sub13 section, consistent with the requirements of this Act. 

14 (e) WITHIN-STATE ALLOCATION AND ADMINISTRA15 TION.— 

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

17 State under subsection (c), the Governor— 

18 (A) may reserve not more than 5 percent 

19 for the costs of technical assistance and State 

20 administration of this Act; and 

21 (B) shall allocate the remainder among the 

22 eligible local workforce investment areas within 

23 the State in accordance with the formula stated 

24 in the State plan modification, except that not 

25 more than 10 percent of the funds so allocated 


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1 to a local workforce investment area may be 

2 used for the costs of local administration of this 

3 Act. 

4 (2) REALLOCATION.—If a local workforce in5 vestment board for a local workforce investment area 

6 does not submit a local plan modification by the 

7 30th day specified in subsection (f)(2)(A), or a local 

8 workforce investment area does not receive approval 

9 of such local plan modification, the amount the local 

10 workforce investment area would have been eligible 

11 to receive pursuant to the formula under paragraph 

12 (1)(B) shall be reallocated in accordance with that 

13 formula to local workforce investment areas that re14 ceive such approval. 

15 (f) LOCAL PLAN MODIFICATION.— 

16 (1) IN GENERAL.—For a local workforce invest17 ment area to be eligible to receive an allocation of 

18 funds under subsection (e)(1)(B), the local work19 force investment board for the area, in partnership 

20 with the chief elected official of the area, shall sub21 mit to the Governor under paragraph (2) a local 

22 plan modification. The local plan modification shall 

23 describe the strategies and activities to be carried 

24 out under this section. 


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1 (2) SUBMISSION AND APPROVAL OF LOCAL

2 PLAN MODIFICATION.— 

3 (A) SUBMISSION.—The local workforce in4 vestment board and chief elected official shall 

5 submit the local plan modification not later 

6 than 14 days after the date of the State sub7 mission of the State plan modification. If the 

8 plan modification is disapproved, the Governor 

9 may provide a reasonable period of time in 

10 which the plan modification may be amended 

11 and resubmitted for approval. 

12 (B) APPROVAL.—The Governor shall ap13 prove a local plan modification submitted under 

14 subparagraph (A) within 30 days after the date 

15 of the submission, unless the Governor deter16 mines that the plan modification is inconsistent 

17 with the requirements of this Act. If the Gov18 ernor has not made such a determination within 

19 30 days after that date of submission, the plan 

20 modification shall be considered to be approved. 

21 If the plan modification is approved, the Gov22 ernor shall allocate funds to the local workforce 

23 investment area within 14 days after such ap24 proval. 


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1 (3) MODIFICATIONS TO LOCAL PLAN MODIFICA2 TION.—The local workforce investment area may 

3 submit a further modification to a local plan modi4 fication, consistent with the requirements of this 

5 Act. 

6 (g) USE OF FUNDS.—The funds made available 

7 under this section— 

8 (1) shall be used to provide summer employ9 ment opportunities, for youth ages 16 through 24, 

10 with direct linkages to academic and occupational 

11 learning; and 

12 (2) may be used to provide supportive services, 

13 such as transportation or child care, necessary to en14 able such a youth to participate in such an oppor15 tunity. 

16 SEC. 6. GENERAL REQUIREMENTS. 

17 (a) LABOR STANDARDS AND PROTECTIONS.—Activi18 ties provided with funds made available under this Act 

19 shall be subject to the requirements and restrictions, in20 cluding the labor standards, described in section 181 of 

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

22 and the nondiscrimination provisions of section 188 of 

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

24 Federal laws. 


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1 (b) REPORTING.—The Secretary of Labor may re2 quire the reporting of information relating to fiscal, per3 formance, and other matters that the Secretary deter4 mines is necessary to effectively monitor the activities car5 ried out with funds provided under this Act. At a min6 imum, States and local workforce investment areas that 

7 receive funds under this Act shall provide information re8 lating to— 

9 (1) the number of individuals participating in 

10 activities with funds provided under this Act and the 

11 number of such individuals who have completed such 

12 participation; 

13 (2) the expenditures of funds provided under 

14 this Act; 

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

16 activities carried out under this Act; 

17 (4) the demographic characteristics of individ18 uals participating in activities under this Act; and 

19 (5) the performance outcomes of individuals 

20 participating in activities under this Act. 

21 (c) ACTIVITIES REQUIRED TO BE ADDITIONAL.— 

22 Funds provided under this Act shall only be used for ac23 tivities that are in addition to activities that would other24 wise be available in the State, local workforce investment 


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1 area, or other appropriate jurisdiction in the absence of 

2 such funds. 

3 (d) ADDITIONAL REQUIREMENTS.—The Secretary of 

4 Labor may establish such additional requirements as the 

5 Secretary determines may be necessary to ensure fiscal in6 tegrity, effective monitoring, and the appropriate and 

7 prompt implementation of the activities under this Act. 

8 (e) REPORT OF INFORMATION AND EVALUATIONS TO

9 CONGRESS AND THE PUBLIC.—The Secretary of Labor 

10 shall provide to the appropriate committees of the Con11 gress and make available to the public the information re12 ported pursuant to subsection (b) and the evaluations of 

13 activities carried out with the funds reserved under section 

14 4(b). 

15 SEC. 7. DEFINITIONS. 

16 In this Act: 

17 (1) CHIEF ELECTED OFFICIAL.—The term 

18 ‘‘chief elected official’’ has the meaning given the 

19 term in section 101 of the Workforce Investment 

20 Act of 1998 (29 U.S.C. 2801). 

21 (2) LOCAL PLAN MODIFICATION.—The term 

22 ‘‘local plan modification’’ means— 

23 (A) a modification of a local plan sub24 mitted under section 118 of the Workforce In25 vestment Act of 1998 (29 U.S.C. 2833); or 


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1 (B) a request by a local workforce invest2 ment area for funds, in a form that is specified 

3 in guidance under section 5(b). 

4 (3) LOCAL WORKFORCE INVESTMENT AREA.— 

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

6 such area designated under section 116 of the Work7 force Investment Act of 1998 (29 U.S.C. 2831). 

8 (4) LOCAL WORKFORCE INVESTMENT BOARD.— 

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

10 such board established under section 117 of the 

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

12 2832). 

13 (5) OUTLYING AREA.—The term ‘‘outlying 

14 area’’ means the United States Virgin Islands, 

15 Guam, American Samoa, the Commonwealth of the 

16 Northern Mariana Islands, and the Republic of 

17 Palau. 

18 (6) STATE.—The term ‘‘State’’ means each of 

19 the several States of the United States, the District 

20 of Columbia, and the Commonwealth of Puerto Rico. 

21 (7) STATE PLAN MODIFICATION.—The term 

22 ‘‘State plan modification’’ means— 

23 (A) a modification of a State plan sub24 mitted under section 112 of the Workforce In25 vestment Act of 1998 (29 U.S.C. 2822); or 


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1 (B) a State request for funds, in a form 

2 that is specified in guidance under section 5(b). 

Æ 


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