I 

111TH CONGRESS 

2D SESSION H. R. 4920 

To create and encourage the creation of jobs for youth, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 24, 2010 

Mr. RUSH introduced the following bill; which was referred to the Committee 

on Education and Labor, and in addition to the Committees on Ways and 

Means, Natural Resources, and Oversight and Government Reform, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To create and encourage the creation of jobs for youth, 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be referred to as 

5 the ‘‘Employing Youth for the American Dream Act of 

6 2010’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

TITLE I—PROGRAMS FOR THE EMPLOYMENT OF YOUTH AND 

OTHER WORKERS 

Sec. 101. Expansion of definition of youth; definition of disconnected youth. 

Sec. 102. New programs for employment of disconnected youth and other workers. 

Sec. 103. National public service employment program. 

Sec. 104. Authorization of appropriations. 

TITLE II—TAX INCENTIVES FOR THE EMPLOYMENT OF YOUTH 

AND OTHER WORKERS 

Sec. 201. Extension of work opportunity tax credit. 

Sec. 202. Expansion of eligibility for work opportunity tax credit. 

Sec. 203. Extension and revival of empowerment zone designations. 

Sec. 204. Disconnected youth employment credit. 

TITLE III—PREFERENCE FOR YOUTH EMPLOYMENT IN FEDERAL 

JOBS AND IN THE PERFORMANCE OF FEDERAL CONTRACTS 

Sec. 301. Preference for hiring youth park and forestry workers. 

Sec. 302. Preference for Federal contracts with employers offering youth apprenticeships. 

1 TITLE I—PROGRAMS FOR THE 

2 EMPLOYMENT OF YOUTH AND 

3 OTHER WORKERS 

4 SEC. 101. EXPANSION OF DEFINITION OF YOUTH; DEFINI5 TION OF DISCONNECTED YOUTH. 

6 (a) EXPANSION OF DEFINITION OF YOUTH.— 

7 (1) DEFINITION OF ELIGIBLE YOUTH.—Section 

8 101(13)(A) of the Workforce Investment Act of 

9 1998 (29 U.S.C. 2801(13)(A)) is amended by strik10 ing ‘‘21’’ and inserting ‘‘24’’. 

11 (2) CALCULATION OF STATE ALLOTMENTS.— 

12 Section 127(b) of such Act (29 U.S.C. 2852(b)) is 

13 amended by striking ‘‘21’’ each place it appears and 

14 inserting ‘‘24’’. 


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1 (3) PERFORMANCE ACCOUNTABILITY SYS2 TEM.—Section 136(b)(2)(A)(i) of such Act (29 

3 U.S.C. 2871(b)(2)(A)(i)) is amended by striking 

4 ‘‘21’’ each place it appears and inserting ‘‘24’’. 

5 (4) ELIGIBILITY FOR YOUTH OPPORTUNITY

6 GRANTS.—Section 169(a)(2) of such Act (29 U.S.C. 

7 2914(a)(2)) is amended by striking ‘‘21’’ and insert8 ing ‘‘24’’. 

9 (b) DEFINITION OF DISCONNECTED YOUTH.—Sub10 title D of the Workforce Investment Act of 1998 (29 

11 U.S.C. 2911 et seq.) is amended by inserting before sec12 tion 166 the following new section: 

13 ‘‘SEC. 165. DEFINITION OF DISCONNECTED YOUTH. 

14 ‘‘For purposes of this subtitle, the term ‘disconnected 

15 youth’ has the meaning given such term by section 

16 51(d)(14)(B)(ii) of the Internal Revenue Code of 1986.’’. 

17 SEC. 102. NEW PROGRAMS FOR EMPLOYMENT OF DISCON18 NECTED YOUTH AND OTHER WORKERS. 

19 Subtitle D of the Workforce Investment Act of 1998 

20 (29 U.S.C. 2911 et seq.) is amended by inserting after 

21 section 173A the following new sections: 

22 ‘‘SEC. 173B. SUMMER JOBS FOR YOUTH. 

23 ‘‘(a) IN GENERAL.—The Secretary shall allot to 

24 States the amount appropriated under section 174(d) for 


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1 the implementation of programs to create summer employ2 ment opportunities for disconnected youth. 

3 ‘‘(b) ALLOTMENT.—An allotment under this section 

4 shall be made on the basis of the relative number of dis5 connected youth in each State, compared to the total num6 ber of disconnected youth in all States. 

7 ‘‘SEC. 173C. STATE EMPLOYMENT PROGRAMS. 

8 ‘‘(a) IN GENERAL.—The Secretary shall establish a 

9 program to award grants to States to carry out an employ10 ment program to which the following requirements apply: 

11 ‘‘(1) PAYMENTS TO EMPLOYERS.—The State 

12 shall make payments to eligible employers for the 

13 partial reimbursement of wages paid by such em14 ployers to each employee hired or rehired under 

15 paragraph (2)(A). 

16 ‘‘(2) ELIGIBILITY FOR PAYMENTS.—An em17 ployer shall be eligible for payments under the em18 ployment program if— 

19 ‘‘(A) the employer hires a new employee, 

20 or rehires a former employee, after the date of 

21 enactment of this section; and 

22 ‘‘(B) the employer is a small business con23 cern (as defined in section 3(a)(1) of the Small 

24 Business Act (15 U.S.C. 632(a)(1))) or a me25 dium-sized business concern. 


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1 ‘‘(3) PRIORITY FOR PAYMENTS.—The State 

2 shall give priority for payments under paragraph (1) 

3 to an eligible employer if the employee hired or re4 hired under paragraph (2)(A) is a disconnected 

5 youth. 

6 ‘‘(b) MAXIMUM GRANT.—A grant awarded under 

7 subsection (a) shall not exceed $250,000,000. 

8 ‘‘SEC. 173D. ON-THE-JOB TRAINING FOR DISCONNECTED 

9 YOUTH. 

10 ‘‘(a) IN GENERAL.—The Secretary shall, in accord11 ance with subsection (c), make allotments and grants to 

12 States to carry out eligible on-the-job training programs 

13 for disconnected youth. 

14 ‘‘(b) ELIGIBLE ON-THE-JOB TRAINING PROGRAM.— 

15 ‘‘(1) IN GENERAL.—For purposes of this sec16 tion, an eligible on-the-job training program is an 

17 on-the-job training program under which an em18 ployer is eligible to receive, for each disconnected 

19 youth who is employed and is provided on-the-job 

20 training by the employer on or after the date of en21 actment of this section, a payment of— 

22 ‘‘(A) 25 percent of the total amount in 

23 paragraph (2), after the disconnected youth has 

24 been continuously employed by the employer for 

25 a period of 30 days; and 


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1 ‘‘(B) 75 percent of the total amount in 

2 paragraph (2), after the disconnected youth has 

3 been continuously employed by the employer for 

4 a period of 6 months. 

5 ‘‘(2) LIMITATION.—The total amount an em6 ployer receives for each disconnected youth under a 

7 program for on-the-job training shall not exceed 

8 $4,000. 

9 ‘‘(3) COVERED EMPLOYERS.—Under an eligible 

10 on-the-job training program, an employer that re11 ceives a payment under paragraph (1) may in12 clude— 

13 ‘‘(A) a faith-based organization; 

14 ‘‘(B) a public sector organization; and 

15 ‘‘(C) a private employer. 

16 ‘‘(c) ALLOTMENTS AND GRANTS FOR PROGRAMS FOR

17 ON-THE-JOB TRAINING.— 

18 ‘‘(1) ALLOTMENT AMONG STATES.— 

19 ‘‘(A) IN GENERAL.—In making allotments 

20 and grants to States under subsection (a), the 

21 Secretary shall apply rules similar to the rules 

22 of subparagraphs (B) and (C) of section 

23 127(b)(1), except that— 

24 ‘‘(i) references in such subparagraph 

25 (B) to youth activities and statewide enVerDate Nov 24 2008 01:16 Mar 25, 2010 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4920.IH H4920

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1 forcement activities shall be treated as ref2 erences to eligible programs for on-the-job 

3 training; and 

4 ‘‘(ii) the reference in such subpara5 graph (C)(ii)(II) to disadvantaged youth 

6 shall be treated as a reference to discon7 nected youth. 

8 ‘‘(B) REALLOTMENT OF UNUSED

9 AMOUNTS.—Allotments and grants made to 

10 States under subsection (a) may be reallotted. 

11 For purposes of the preceding sentence, rules 

12 similar to the rules of subsection (c) of section 

13 127 shall apply, except that references in para14 graph (1) of such subsection— 

15 ‘‘(i) to such section, shall be treated 

16 as references to subsection (a) of this sec17 tion; and 

18 ‘‘(ii) to youth activities and statewide 

19 enforcement activities, shall be treated as 

20 references to eligible programs for on-the21 job training. 

22 ‘‘(2) WITHIN STATE ALLOCATION.— 

23 ‘‘(A) IN GENERAL.—Allotments and grants 

24 made to States under subsection (a) shall be al25 located by the States to local areas to carry out 


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1 programs for on-the-job training. For purposes 

2 of the preceding sentence, rules similar to the 

3 rules of paragraphs (2) or (3) of section 128(b) 

4 shall apply, except that references in such para5 graphs to disadvantaged youth shall be consid6 ered to be references to disconnected youth. 

7 ‘‘(B) REALLOCATION OF UNUSED

8 AMOUNTS.—States may reallocate allotments 

9 and grants allocated under subparagraph (A). 

10 For purposes of the preceding sentence, rules 

11 similar to the rules of section 128(c) shall 

12 apply, except that— 

13 ‘‘(i) references to paragraphs (2)(A) 

14 or (3) of section 128(b) shall be treated as 

15 references to subparagraph (A) of this 

16 paragraph; and 

17 ‘‘(ii) references to youth activities 

18 shall be treated as references to eligible 

19 programs for on-the-job training.’’. 

20 SEC. 103. NATIONAL PUBLIC SERVICE EMPLOYMENT PRO21 GRAM. 

22 Subtitle D of the Workforce Investment Act of 1998 

23 (29 U.S.C. 2911 et seq.) is amended by inserting after 

24 section 173D (as added by section 102 of this Act) the 

25 following new section: 


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1 ‘‘SEC. 173E. NATIONAL PUBLIC SERVICE EMPLOYMENT 

2 PROGRAM. 

3 ‘‘(a) IN GENERAL.—The President shall establish a 

4 public service employment program to employ individuals 

5 to carry out works of a public nature in connection with— 

6 ‘‘(1) parks; 

7 ‘‘(2) roads; and 

8 ‘‘(3) education, including— 

9 ‘‘(A) schools; and 

10 ‘‘(B) after-school programs. 

11 ‘‘(b) PRIORITY.—Priority for jobs under this section 

12 shall be given to— 

13 ‘‘(1) the long-term unemployed; 

14 ‘‘(2) low-income individuals; and 

15 ‘‘(3) disconnected youth (as defined in section 

16 51(d)(14)(B)(ii) of the Internal Revenue Code of 

17 1986). 

18 ‘‘(c) OPERATION.—To operate the program estab19 lished under subsection (a), the President may utilize ex20 isting Federal departments and agencies, including the 

21 Department of Labor, the Department of Defense, the 

22 National Guard Bureau, the Department of Interior, the 

23 Department of Agriculture, the Army Corps of Engineers, 

24 the Department of Transportation, the Department of En25 ergy, the Environmental Protection Agency, and Federal 

26 governmental corporations.’’. 


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1 SEC. 104. AUTHORIZATION OF APPROPRIATIONS. 

2 Section 174 of the Workforce Investment Act of 1998 

3 (29 U.S.C. 2919) is amended by adding at the end the 

4 following new subsections: 

5 ‘‘(d) SUMMER JOBS FOR YOUTH.—There is author6 ized to be appropriated to the Secretary, in addition to 

7 any other amount authorized to be appropriated by this 

8 Act, $2,000,000,000 to carry out section 173B. 

9 ‘‘(e) STATE EMPLOYMENT PROGRAMS.—There is au10 thorized to be appropriated to the Secretary, in addition 

11 to any other amount authorized to be appropriated by this 

12 Act, such sums as may be necessary to carry out section 

13 173C. 

14 ‘‘(f) ON-THE-JOB TRAINING FOR DISCONNECTED

15 YOUTH.—There is authorized to be appropriated to the 

16 Secretary, in addition to any other amount authorized to 

17 be appropriated by this Act, $750,000,000 to carry out 

18 section 173D. 

19 ‘‘(g) NATIONAL PUBLIC SERVICE INITIATIVE.— 

20 There is authorized to be appropriated to the President 

21 $5,000,000,000 to carry out section 173E.’’. 


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1 TITLE II—TAX INCENTIVES FOR 

2 THE EMPLOYMENT OF YOUTH 

3 AND OTHER WORKERS 

4 SEC. 201. EXTENSION OF WORK OPPORTUNITY TAX CREDIT. 

5 Subparagraph (B) of section 51(c)(4) of the Internal 

6 Revenue Code of 1986 is amended by striking ‘‘August 

7 31, 2011’’ and inserting ‘‘December 31, 2015’’. 

8 SEC. 202. EXPANSION OF ELIGIBILITY FOR WORK OPPOR9 TUNITY TAX CREDIT. 

10 (a) DISCONNECTED YOUTH AND VETERANS HIRED

11 AFTER 2010.—Paragraph (14) of section 51(d) of the In12 ternal Revenue Code of 1986 is amended— 

13 (1) in the header by striking ‘‘HIRED IN 2009 OR

14 2010’’; and 

15 (2) in subparagraph (A) by striking ‘‘during 

16 2009 or 2010’’ and inserting ‘‘after December 31, 

17 2008’’. 

18 (b) QUALIFIED TITLE I-B YOUTH SERVICES RECIPI19 ENTS.— 

20 (1) MEMBER OF TARGETED GROUP.—Para21 graph (1) of section 51(d) of such Code is amended 

22 by striking ‘‘or’’ at the end of subparagraph (H), by 

23 striking the period and adding ‘‘, or’’ at the end of 

24 subparagraph (I), and by adding at the end the fol25 lowing new subparagraph: 


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1 ‘‘(J) a qualified Title I-B youth services re2 cipient.’’. 

3 (2) QUALIFIED TITLE I-B YOUTH SERVICES RE4 CIPIENT DEFINED.—Subsection (d) of section 51 of 

5 such Code is amended by adding at the end the fol6 lowing new paragraph: 

7 ‘‘(15) QUALIFIED TITLE I-B YOUTH SERVICES

8 RECIPIENT.—The term ‘qualified Title I-B youth 

9 services recipient’ means any individual who is a 

10 participant (as defined in section 101(34) of the 

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

12 2801(34))) who is receiving services under chapter 4 

13 of subtitle B of title I of such Act.’’. 

14 (c) QUALIFIED EX-OFFENDERS.—Subsection (d) of 

15 section 51 of such Code is amended— 

16 (1) in subparagraph (C) of paragraph (1) by 

17 striking ‘‘qualified ex-felon’’ and inserting ‘‘qualified 

18 ex-offender’’; and 

19 (2) by amending paragraph (4) to read as fol20 lows: 

21 ‘‘(4) QUALIFIED EX-OFFENDER.—The term 

22 ‘qualified ex-offender’ means any individual who is 

23 certified by the designated local agency as having 

24 been convicted of a felony or a misdemeanor under 

25 any statute of the United States or any State, and— 


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1 ‘‘(A) as having a hiring date which is not 

2 more than 3 years after the last date on which 

3 such individual was so convicted or was released 

4 from prison, 

5 ‘‘(B) as being on parole or on probation 

6 for such conviction, or 

7 ‘‘(C) as receiving transitional services for 

8 reintegration into the community after being re9 leased from prison.’’. 

10 (d) INCREASE IN ALLOWABLE WAGE BASES.—Sec11 tion 51 of such Code is amended— 

12 (1) in paragraph (3) of subsection (b) by strik13 ing ‘‘$6,000 per year ($12,000 per year’’ and insert14 ing ‘‘$12,000 per year ($24,000 per year’’; 

15 (2) in clause (ii) of subsection (d)(7)(B) by 

16 striking ‘‘substituting ‘$3,000’ for ‘$6,000’ ’’ and in17 serting ‘‘substituting ‘$6,000’ for ‘$12,000’ ’’; 

18 (3) in subsection (e)— 

19 (A) in subparagraph (B) of paragraph (1) 

20 by striking ‘‘$10,000’’ and inserting ‘‘$20,000’’; 

21 (B) in subparagraph (A) of paragraph (3) 

22 by striking ‘‘substituting ‘$10,000’ for 

23 ‘$6,000’ ’’ and inserting ‘‘substituting ‘$20,000’ 

24 for ‘$12,000’ ’’; and 


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1 (C) in subparagraph (B) of paragraph (3) 

2 by striking ‘‘substituting ‘$833.33’ for ‘$500’ ’’ 

3 and inserting ‘‘substituting ‘1,666.66’ for 

4 ‘$1,000’ ’’; and 

5 (4) in paragraph (1) of subsection (h)— 

6 (A) in subparagraph (A) by striking 

7 ‘‘$6,000’’ and inserting ‘‘$12,000’’; and 

8 (B) in subparagraph (B) by striking 

9 ‘‘$500’’ and inserting ‘‘$1,000’’. 

10 (e) EFFECTIVE DATE.—The amendments made by 

11 this section shall apply with respect to individuals who 

12 begin work for an employer after the date of enactment 

13 of this Act. 

14 SEC. 203. EXTENSION AND REVIVAL OF EMPOWERMENT 

15 ZONE DESIGNATIONS. 

16 (a) EXTENSION OF EMPOWERMENT ZONE DESIGNA17 TIONS.— 

18 (1) ORIGINAL DESIGNATIONS.—Paragraph (1) 

19 of section 1391(d) of the Internal Revenue Code of 

20 1986 is amended to read as follows: 

21 ‘‘(1) IN GENERAL.—Any designation under this 

22 section shall remain in effect during the period be23 ginning on the date of the designation and ending 

24 on earliest of— 


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1 ‘‘(A) in the case of an enterprise commu2 nity, the close of the 10th calendar year begin3 ning on or after such date of designation, 

4 ‘‘(B) the termination date designated by 

5 the State and local governments as provided for 

6 in their nomination, or 

7 ‘‘(C) the date the appropriate Secretary re8 vokes the designation.’’. 

9 (2) ADDITIONAL DESIGNATIONS.—The second 

10 sentence of paragraph (2) of section 1391(h) of such 

11 Code is amended by striking ‘‘during the period be12 ginning on January 1, 2002, and ending on Decem13 ber 31, 2009’’. 

14 (b) REVIVAL OF EMPOWERMENT ZONE DESIGNA15 TIONS.—If a designation as an empowerment zone termi16 nated on December 31, 2009, by reason of subsections 

17 (d)(1)(A)(i) or (h)(2) of section 1391 of such Code (as 

18 in effect on the day before the date of enactment of this 

19 Act), such designation is hereby revived and shall be treat20 ed as being in effect during the period beginning on Janu21 ary 1, 2010, and ending on the date of enactment of this 

22 Act. 

23 (c) EFFECTIVE DATE.—The amendments made by 

24 this section shall be effective for periods beginning after 

25 December 31, 2009. 


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1 SEC. 204. DISCONNECTED YOUTH EMPLOYMENT CREDIT. 

2 (a) IN GENERAL.—Subpart D of part IV of sub3 chapter A of chapter 1 of the Internal Revenue Code of 

4 1986 is amended by adding at the end the following new 

5 section: 

6 ‘‘SEC. 45R. DISCONNECTED YOUTH EMPLOYMENT CREDIT. 

7 ‘‘(a) AMOUNT OF CREDIT.—For purposes of section 

8 38, the amount of the youth employment credit deter9 mined under this section with respect to any employer for 

10 any taxable year is an amount equal to the lesser of— 

11 ‘‘(1) the wages (as defined in subsection (c) of 

12 section 51) paid or incurred by an employer for serv13 ices performed by an employee while such employee 

14 is a qualified employee, and 

15 ‘‘(2) $3,000. 

16 ‘‘(b) QUALIFIED EMPLOYEE.—For purposes of this 

17 section, the term ‘qualified employee’ means an any em18 ployee of an employer if the employee— 

19 ‘‘(1) is a disconnected youth (as defined in 

20 clause (ii) of section 51(d)(14)(B)), and 

21 ‘‘(2) begins work for the employer after the 

22 date of enactment of this section. 

23 ‘‘(c) TERMINATION.—This section shall not apply to 

24 taxable years beginning after December 31, 2012.’’. 

25 (b) INCLUSION IN CURRENT YEAR BUSINESS CRED26 IT.—Section 38(b) of such Code is amended by striking 


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1 ‘‘plus’’ and inserting a comma at the end of paragraph 

2 (34), by striking the period and inserting ‘‘, plus’’ at the 

3 end of paragraph (35), and by adding at the end the fol4 lowing new paragraph: 

5 ‘‘(36) the disconnected youth employment credit 

6 determined under section 45R.’’. 

7 (c) TABLE OF SECTIONS.—The table of sections for 

8 subpart D of part IV of subchapter A of chapter 1 of such 

9 Code is amended by adding after the item relating to sec10 tion 45Q the following new item: 

‘‘Sec. 45R. Disconnected youth employment credit.’’. 

11 (d) EFFECTIVE DATE.—The amendments made by 

12 this section shall apply to taxable years beginning after 

13 December 31, 2010. 

14 TITLE III—PREFERENCE FOR 

15 YOUTH EMPLOYMENT IN FED16 ERAL JOBS AND IN THE PER17 FORMANCE OF FEDERAL 

18 CONTRACTS 

19 SEC. 301. PREFERENCE FOR HIRING YOUTH PARK AND 

20 FORESTRY WORKERS. 

21 The Secretary of the Interior shall give preference to 

22 individuals that have attained age 16 but not age 25 for 

23 jobs that provide services that are determined by the Sec24 retary to be integral to the operations of Federal public 

25 lands and parks. 


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1 SEC. 302. PREFERENCE FOR FEDERAL CONTRACTS WITH 

2 EMPLOYERS OFFERING YOUTH APPRENTICE3 SHIPS. 

4 (a) IN GENERAL.—Notwithstanding title III of the 

5 Federal Property and Administrative Services Act of 1949 

6 (41 U.S.C. 251 et seq.), in evaluating a bid or proposal 

7 for a contract for the procurement of goods or services, 

8 a contracting officer of an executive agency may give pref9 erence to an employer for a contract for the procurement 

10 of goods or services by the Federal Government if the head 

11 of the executive agency determines that— 

12 (1) the employer will employ, in a program of 

13 apprenticeship and in the performance of the con14 tract, individuals who— 

15 (A) are disconnected youth (as defined in 

16 section 51(d)(14)(B)(ii) of the Internal Revenue 

17 Code of 1986 on the date on which the contract 

18 is entered into; and 

19 (B) are domiciled in communities with 

20 high unemployment; and 

21 (2) the funds made available for such contract 

22 are appropriated for fiscal year 2011 under the au23 thority of a law enacted to create jobs in the area 

24 of— 

25 (A) infrastructure; 

26 (B) transportation; or 


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1 (C) green energy. 

2 (b) MINIMUM REQUIREMENT.—At least 5 percent of 

3 the total amount of funds appropriated under the author4 ity of a law described under subsection (a)(2) shall be re5 served for contracts with respect to which employers are 

6 given preference under subsection (a). 

Æ 


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