234 
(1) shall be paid emergency unemployment 
compensation payable under title IV of the Supple-
mental Appropriations Act, 2008 (Public Law 110– 
252; 26 U.S.C. 3304 note), as wages for work per-
formed, and as specified in subsection (c); 
(2) shall be paid the additional amount de-
scribed in subsection (e) as augmented wages for 
work performed; and 
(3) may be paid compensation in addition to 
the amounts described in paragraphs (1) and (2) by 
a State or by a participating employer as wages for 
work performed. 
(c) PROGRAM ELIGIBILITY AND OTHER REQUIRE-
MENTS.—For purposes of this program— 
(1) individuals who, except for the requirements 
described in paragraph (3), are eligible to receive 
emergency unemployment compensation payments 
under title IV of the Supplemental Appropriations 
Act, 2008 (Public Law 110–252; 26 U.S.C. 3304 
note), and who choose to participate in the program 
described in subsection (b), shall receive such pay-
ments as wages for work performed during their vol-
untary participation in the program described under 
subsection (b); 
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(2) the wages payable to individuals described 
in paragraph (1) shall be paid from the emergency 
unemployment compensation account for such indi-
vidual as described in section 4002 of the Supple-
mental Appropriations Act, 2008 (Public Law 110– 
252; 26 U.S.C. 3304 note), and the amount in such 
individual’s account shall be reduced accordingly; 
(3) the wages payable to an individual described 
in paragraph (1) shall be payable in the same 
amount, at the same interval, on the same terms, 
and subject to the same conditions under title IV of 
the Supplemental Appropriations Act, 2008 (Public 
Law 110–252; 26 U.S.C. 3304 note), except that— 
(A) State requirements applied under such 
Act relating to availability for work and active 
search for work are not applicable to such indi-
viduals who participate for at least 25 hours 
per week in the program described in subsection 
(b) for the duration of such individual’s partici-
pation in the program; 
(B) State requirements applied under such 
Act relating to disqualifying income regarding 
wages earned shall not apply to such individuals 
who participate for at least 25 hours per week 
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in the program described in subsection (b), and 
shall not apply with respect to— 
(i) the wages described under sub-
section (b); and 
(ii) any wages, in addition to those de-
scribed under subsection (b), whether paid 
by a State or a participating employer for 
the same work activities; 
(C) State prohibitions or limitations ap-
plied under such Act relating to employment 
status shall not apply to such individuals who 
participate in the program described in sub-
section (b); and 
(D) State requirements applied under such 
Act relating to an individual’s acceptance of an 
offer of employment shall not apply with regard 
to an offer of long-term employment from a 
participating employer made to such individual 
who is participating in the program described in 
subsection (b) in a work experience provided by 
such employer, where such long-term employ-
ment is expected to commence or commences at 
the conclusion of the duration specified in para-
graph (4)(A); 
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(4) the program shall be structured so that in-
dividuals described in paragraph (1) may participate 
in the program for up to— 
(A) 8 weeks, and 
(B) 38 hours for each such week; 
(5) a State shall ensure that all individuals par-
ticipating in the program are covered by a workers’ 
compensation insurance program; and 
(6) the program meets such other requirements 
as the Secretary of Labor determines to be appro-
priate in guidance issued by the Secretary. 
(d) STATE REQUIREMENTS.— 
(1) CERTIFICATION OF ELIGIBLE EMPLOYER.— 
A State may certify as eligible for participation in 
the program under this section any employer that 
meets the eligibility criteria as established in guid-
ance by the Secretary of Labor, except that an em-
ployer shall not be certified as eligible for participa-
tion in the program described under subsection 
(b)— 
(A) if such employer— 
(i) is a Federal, State, or local govern-
ment entity; 
(ii) would engage an eligible individual 
in work activities under any employer’s 
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238 
grant, contract, or subcontract with a Fed-
eral, State, or local government entity, ex-
cept with regard to work activities under 
any employer’s supply contract or sub-
contract; 
(iii) is delinquent with respect to any 
taxes or employer contributions described 
under sections 3301 and 3302(a)(1) of the 
Internal Revenue Code of 1986 or with re-
spect to any related reporting require-
ments; 
(iv) is engaged in the business of sup-
plying workers to other employers and 
would participate in the program for the 
purpose of supplying individuals partici-
pating in the program to other employers; 
or 
(v) has previously participated in the 
program and the State has determined 
that such employer has failed to abide by 
any of the requirements specified in sub-
sections (h), (i), or (j), or by any other re-
quirements that the Secretary may estab-
lish for employers under subsection (c)(6); 
and 
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(B) unless such employer provides assur-
ances that it has not displaced existing workers 
pursuant to the requirements of subsection (h). 
(2) AUTHORIZED ACTIVITIES.—Funds allotted 
to a State under this part for the program— 
(A) shall be used to— 
(i) recruit employers for participation 
in the program; 
(ii) review and certify employers iden-
tified by eligible individuals seeking to par-
ticipate in the program; 
(iii) ensure that reemployment and 
counseling services are available for pro-
gram participants, including services de-
scribing the program under subsection (b), 
prior to an individual’s participation in 
such program; 
(iv) establish and implement processes 
to monitor the progress and performance 
of individual participants for the duration 
of the program; 
(v) prevent misuse of the program; 
and 
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240 
(vi) pay augmented wages to eligible 
individuals, if necessary, as described in 
subsection (e); and 
(B) may be used— 
(i) to pay workers’ compensation in-
surance premiums to cover all individuals 
participating in the program, except that, 
if a State opts not to make such payments 
directly to a State administered workers’ 
compensation program, the State involved 
shall describe in the approved State plan 
the means by which such State shall en-
sure workers’ compensation or equivalent 
coverage for all individuals who participate 
in the program; 
(ii) to pay compensation to a partici-
pating individual that is in addition to the 
amounts described in subsections (c)(1) 
and (e) as wages for work performed; 
(iii) to provide supportive services, 
such as transportation, child care, and de-
pendent care, that would enable individuals 
to participate in the program; 
(iv) for the administration and over-
sight of the program; and 
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241 
(v) to fulfill additional program re-
quirements included in the approved State 
plan. 
(e) PAYMENT
OF AUGMENTED WAGES
IF NEC-
ESSARY.—In the event that the wages described in sub-
section (c)(1) are not sufficient to equal or exceed the min-
imum wages that are required to be paid by an employer 
under section 6(a)(1) of the Fair Labor Standards Act 
of 1938 (29 U.S.C. 206(a)(1)) or the applicable State or 
local minimum wage law, whichever is higher, a State shall 
pay augmented wages to a program participant in any 
amount necessary to cover the difference between— 
(1) such minimum wages amount; and 
(2) the wages payable under subsection (c)(1). 
(f) EFFECT OF WAGES ON ELIGIBILITY FOR OTHER 
PROGRAMS.—None of the wages paid under this section 
shall be considered as income for the purposes of deter-
mining eligibility for and the amount of income transfer 
and in-kind aid furnished under any Federal or federally 
assisted program based on need. 
(g) EFFECT
OF WAGES, WORK ACTIVITIES, AND 
PROGRAM PARTICIPATION ON CONTINUING ELIGIBILITY 
FOR EMERGENCY UNEMPLOYMENT COMPENSATION.— 
Any wages paid under this section and any additional 
wages paid by an employer to an individual described in 
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242 
subsection (c)(1), and any work activities performed by 
such individual as a participant in the program, shall not 
be construed so as to render such individual ineligible to 
receive emergency unemployment compensation under title 
IV of the Supplemental Appropriations Act, 2008 (Public 
Law 110–252; 26 U.S.C. 3304 note). 
(h) NONDISPLACEMENT OF EMPLOYEES.— 
(1) PROHIBITION.—An employer shall not use a 
program participant to displace (including a partial 
displacement, such as a reduction in the hours of 
non-overtime work, wages, or employment benefits) 
any current employee (as of the date of the partici-
pation). 
(2) OTHER PROHIBITIONS.—An employer shall 
not permit a program participant to perform work 
activities related to any job for which— 
(A) any other individual is on layoff from 
the same or any substantially equivalent posi-
tion; 
(B) the employer has terminated the em-
ployment of any employee or otherwise reduced 
the workforce of the employer with the inten-
tion of filling or partially filling the vacancy so 
created with the work activities to be performed 
by a program participant; 
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243 
(C) there is a strike or lock out at the 
worksite that is the participant’s place of em-
ployment; or 
(D) the job is created in a manner that 
will infringe in any way upon the promotional 
opportunities of currently employed individuals 
(as of the date of the participation). 
(i) PROHIBITION ON IMPAIRMENT OF CONTRACTS.— 
An employer shall not, by means of assigning work activi-
ties under this section, impair an existing contract for 
services or a collective bargaining agreement, and no such 
activity that would be inconsistent with the terms of a col-
lective bargaining agreement shall be undertaken without 
the written concurrence of the labor organization that is 
signatory to the collective bargaining agreement. 
(j) LIMITATION ON EMPLOYER PARTICIPATION.—If, 
after 24 weeks of participation in the program, an em-
ployer has not made an offer of suitable long-term employ-
ment to any individual described under subsection (c)(1) 
who was placed with such employer and has completed the 
program, a State shall bar such employer from further 
participation in the program. States may impose addi-
tional conditions on participating employers to ensure that 
an appropriate number of participants receive offers of 
suitable long-term employment. 
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244 
(k) FAILURE TO MEET PROGRAM REQUIREMENTS.— 
If a State makes a determination based on information 
provided to the State, or acquired by the State by means 
of its administration and oversight functions, that a par-
ticipating employer under this section has violated a re-
quirement of this section, the State shall bar such em-
ployer from further participation in the program. The 
State shall establish a process whereby an individual de-
scribed in subsection (c)(1), or any other affected indi-
vidual or entity, may file a complaint with the State relat-
ing to a violation of any requirement or prohibition under 
this section. 
(l) PARTICIPANT OPTION TO TERMINATE PARTICIPA-
TION IN BRIDGE TO WORK PROGRAM.— 
(1) TERMINATION.—An individual who is par-
ticipating in a program described in subsection (b) 
may opt to discontinue participation in such pro-
gram. 
(2) CONTINUED ELIGIBILITY FOR EMERGENCY 
UNEMPLOYMENT
COMPENSATION.—An 
individual 
who opts to discontinue participation in such pro-
gram, is terminated from such program by a partici-
pating employer, or who has completed participation 
in such program, and who continues to meet the eli-
gibility requirements for emergency unemployment 
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compensation under title IV of the Supplemental 
Appropriations Act, 2008 (Public Law 110–252; 26 
U.S.C. 3304 note), shall receive emergency unem-
ployment compensation payments with respect to 
subsequent weeks of unemployment, to the extent 
that amounts remain in the account established for 
such individual under section 4002(b) of such Act or 
to the extent that such individual commences receiv-
ing the amounts described in subsections (c), (d), or 
(e) of such section, respectively. 
(m) EFFECT OF OTHER LAWS.—Unless otherwise 
provided in this section, nothing in this section shall be 
construed to alter or affect the rights or obligations under 
any Federal, State, or local laws with respect to any indi-
vidual described in subsection (c)(1) and with respect to 
any participating employer under this section. 
(n) TREATMENT OF PAYMENTS.—All wages or other 
payments to an individual under this section shall be treat-
ed as payments of unemployment compensation for pur-
poses of section 209 of the Social Security Act (42 U.S.C. 
409) and for purposes of subtitle A and sections 3101, 
3111, and 3301 of the Internal Revenue Code of 1986. 
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246 
SEC. 1525. WAGE INSURANCE. 
(a) IN GENERAL.—A State may use the funds allot-
ted to the State under this part to provide a wage insur-
ance program for EUC claimants. 
(b) BENEFITS.—The wage insurance program pro-
vided under this section may use funds allotted to the 
State under this part to pay, for a period not to exceed 
2 years, to a worker described in subsection (c), up to 50 
percent of the difference between— 
(1) the wages received by the worker at the 
time of separation; and 
(2) the wages received by the worker for reem-
ployment. 
(c) INDIVIDUAL
ELIGIBILITY.—The benefits de-
scribed in subsection (b) may be paid to an individual who 
is an EUC claimant at the time such individual obtains 
reemployment and who— 
(1) is at least 50 years of age; 
(2) earns not more than $50,000 per year in 
wages from reemployment; 
(3) is employed on a full-time basis as defined 
by the law of the State; and 
(4) is not employed by the employer from which 
the individual was last separated. 
(d) TOTAL AMOUNT OF PAYMENTS.—A State shall 
establish a maximum amount of payments per individual 
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for purposes of payments described in subsection (b) dur-
ing the eligibility period described in such subsection. 
(e) NON-DISCRIMINATION REGARDING WAGES.—An 
employer shall not pay a worker described in subsection 
(c) less than such employer pays to a regular worker in 
the same or substantially equivalent position. 
SEC. 1526. ENHANCED REEMPLOYMENT STRATEGIES. 
(a) IN GENERAL.—A State may use funds allotted 
under this part to provide a program of enhanced reem-
ployment services to EUC claimants. In addition to the 
provision of services to such claimants, the program may 
include the provision of reemployment services to individ-
uals who are unemployed and have exhausted their rights 
to emergency unemployment compensation under title IV 
of the Supplemental Appropriations Act, 2008 (Public 
Law 110–252; 26 U.S.C. 3304 note). The program shall 
provide reemployment services that are more intensive 
than the reemployment services provided by the State 
prior to the receipt of the allotment under this part. 
(b) TYPES OF SERVICES.—The enhanced reemploy-
ment services described in subsection (a) may include serv-
ices such as— 
(1) assessments, counseling, and other intensive 
services that are provided by staff on a one-to-one 
basis and may be customized to meet the reemploy-
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248 
ment needs of EUC claimants and individuals de-
scribed in subsection (a); 
(2) comprehensive assessments designed to 
identify alternative career paths; 
(3) case management; 
(4) reemployment services that are provided 
more frequently and more intensively than such re-
employment services have previously been provided 
by the State; and 
(5) services that are designed to enhance com-
munication skills, interviewing skills, and other skills 
that would assist in obtaining reemployment. 
SEC. 1527. SELF-EMPLOYMENT PROGRAMS. 
A State may use funds allotted to the State under 
this part, in an amount specified under an approved State 
plan, for the administrative costs associated with starting 
up the self-employment assistance program described in 
section 4001(i) of the Supplemental Appropriations Act, 
2008 (Public Law 110–252; 26 U.S.C. 3304 note). 
SEC. 1528. ADDITIONAL INNOVATIVE PROGRAMS. 
(a) IN GENERAL.—A State may use funds allotted 
under this part to provide a program for innovative activi-
ties, which use a strategy that is different from the reem-
ployment strategies described in sections 1524–1527 and 
which are designed to facilitate the reemployment of EUC 
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249 
claimants. In addition to the provision of activities to such 
claimants, the program may include the provision of activi-
ties to individuals who are unemployed and have exhausted 
their rights to emergency unemployment compensation 
under title IV of the Supplemental Appropriations Act, 
2008 (Public Law 110–252; 26 U.S.C. 3304 note). 
(b) CONDITIONS.—The innovative activities approved 
in accordance with subsection (a)— 
(1) shall directly benefit EUC claimants and, if 
applicable, individuals described in subsection (a), ei-
ther as a benefit paid to such claimant or individual 
or as a service provided to such claimant or indi-
vidual; 
(2) shall not result in a reduction in the dura-
tion or amount of, emergency unemployment com-
pensation for which EUC claimants would otherwise 
be eligible; 
(3) shall not include a reduction in the dura-
tion, amount of or eligibility for regular compensa-
tion or extended benefits; 
(4) shall not be used to displace (including a 
partial displacement, such as a reduction in the 
hours of non-overtime work, wages, or employment 
benefits) any currently employed employee (as of the 
date of the participation) or allow a program partici-
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250 
pant to perform work activities related to any job for 
which— 
(A) any other individual is on layoff from 
the same or any substantially equivalent job; 
(B) the employer has terminated the em-
ployment of any regular employee or otherwise 
reduced the workforce of the employer with the 
intention of filling or partially filling the va-
cancy so created with the work activities to be 
performed by a program participant; 
(C) there is a strike or lock out at the 
worksite that is the participant’s place of em-
ployment; or 
(D) the job is created in a manner that 
will infringe in any way upon the promotional 
opportunities of currently employed individuals 
(as of the date of the participation); and 
(5) shall not be in violation of any Federal, 
State, or local law. 
SEC. 1529. GUIDANCE AND ADDITIONAL REQUIREMENTS. 
The Secretary of Labor may establish through guid-
ance, without regard to the requirements of section 553 
of title 5, United States Code, such additional require-
ments, including requirements regarding the allotment, re-
capture, and reallotment of funds, and reporting require-
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