[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3273 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Youth Summer Jobs Act of 2012''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Waste, fraud, and abuse must be confronted in every 
        corner of the Federal Government. Elimination of waste, fraud, 
        and abuse can return significant funding to the Treasury, which 
        can be spent on the Nation's many priorities.
            (2) To describe just a few examples of waste, fraud, and 
        abuse--
                    (A) at the end of fiscal year 2011, the Government 
                Accountability Office identified more than $794,000,000 
                in funding remaining in expired grant accounts;
                    (B)(i) the amount of uncollected Federal taxes, 
                sometimes referred to as the ``tax gap'', for a year 
                may approach an estimated $500,000,000,000;
                    (ii) contract and grant recipients under the 
                American Recovery and Reinvestment Act of 2009 owed 
                more than $750,000,000 in unpaid Federal taxes;
                    (iii) according to an annual Federal Employee 
                Retiree Delinquency Initiative report released by the 
                Internal Revenue Service--
                            (I) 98,000 Federal civilian employees owed 
                        approximately $1,034,000,000 in seriously 
                        delinquent tax debt in 2010; and
                            (II) when retirees and military personnel 
                        are included, nearly 280,000 people owed 
                        $3,400,000,000 in such debt;
                    (iv)(I) the Federal Government made approximately 
                $104,000,000,000 in overpayments in fiscal year 2011; 
                and
                    (II) the Office of Personnel Management Inspector 
                General reports that the Federal Government made, in 
                that year, $601,000,000 in improper payments to Federal 
                retirees found to have already died;
                    (v) waste, fraud and abuse in Federal health care 
                programs may approach $100,000,000,000 a year; and
                    (vi) last year the Federal Government's health care 
                fraud prevention and enforcement efforts recovered 
                nearly $4,100,000,000 in taxpayer dollars.
            (3) The Summer Jobs+ youth summer jobs initiative 
        implemented by President Obama in the absence of the passage of 
        the American Jobs Act is an innovative program that should be 
        expanded and continued, thereby ensuring maximum employment 
        opportunities for youth in the United States.

SEC. 3. ESTABLISHMENT OF YOUTH SUMMER EMPLOYMENT SUCCESS FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States an account, which shall be known as the Youth Summer 
Employment Success Fund (referred to in this Act as ``the Fund''.)
    (b) Transfer Into the Fund.--
            (1) In general.--The Secretary of the Treasury shall 
        transfer to the Fund out of any amounts in the general fund of 
        the Treasury not otherwise appropriated--
                    (A) effective on the date of the rescission 
                described in subsection (c)(1), $1,000,000,000; and
                    (B) effective on the date of the rescission 
                described in subsection (c)(2), $1,000,000,000.
            (2) Availability.--The amount in the Fund shall be 
        available to the Secretary of Labor, as provided in 
        appropriations Acts, for making expenditures to carry out this 
        Act.
    (c) Unspent Federal Funds.--
            (1) In general.--Notwithstanding any other provision of 
        law, of all available unobligated funds--
                    (A) $15,000,000,000 in discretionary funds 
                appropriated for fiscal year 2012 is hereby permanently 
                rescinded; and
                    (B) effective June 1, 2013, $15,000,000,000 in 
                discretionary funds appropriated for fiscal year 2013 
                is permanently rescinded.
            (2) Implementation.--
                    (A) Appropriation accounts.--The Director of the 
                Office of Management and Budget shall determine and 
                identify from which appropriation accounts each 
                rescission under paragraph (1) shall apply and the 
                amount of such rescission that shall apply to each such 
                account.
                    (B) Report.--The Director of the Office of 
                Management and Budget shall submit a report to the 
                Secretary of the Treasury and Congress of the accounts 
                and amounts determined and identified for rescission 
                under subparagraph (A)--
                            (i) not later than 60 days after the date 
                        of enactment of this Act, with respect to a 
                        rescission described in paragraph (1)(A); and
                            (ii) not later than April 1, 2013, with 
                        respect to a rescission described in paragraph 
                        (1)(B).
            (3) Exception.--This subsection shall not apply to the 
        unobligated funds of the Department of Veterans Affairs.

SEC. 4. AVAILABILITY OF FUNDS.

    (a) In General.--Subject to subsection (b), the amount in the Fund 
shall be available to the Secretary of Labor for making allotments and 
providing assistance in accordance with section 5 to provide summer 
employment opportunities to youth.
    (b) Reservation.--The Secretary of Labor may reserve not more than 
1 percent of the amount transferred to the Fund under section 3(b) for 
the costs of technical assistance, evaluations, and Federal 
administration of this Act.
    (c) Period of Availability.--The amount in the Fund shall remain 
available for obligation by the Secretary of Labor through June 30, 
2013, and shall be available for expenditure by States and local 
workforce investment areas that receive funds under this Act through 
December 31, 2013.

SEC. 5. ESTABLISHMENT AND OPERATION OF YOUTH SUMMER EMPLOYMENT PROGRAM.

    (a) In General.--From the amount in the Fund that is not reserved 
under section 4(b) or subsection (c)(1), the Secretary of Labor shall 
make an allotment under subsection (c)(2) to each State that has a 
State plan modification approved under subsection (d), to each outlying 
area, and to each recipient under section 166(c) of the Workforce 
Investment Act of 1998 (29 U.S.C. 2911(c)), that meets the requirements 
of this Act, for the purpose of providing summer employment 
opportunities to youth.
    (b) Guidance and Application of Requirements.--
            (1) Guidance.--Not later than 7 days after the date of 
        enactment of this Act, the Secretary of Labor shall issue 
        guidance regarding the implementation of this Act. Such 
        guidance shall, consistent with this section, include 
        procedures for the submission and approval of State plan 
        modifications (including State requests for funds in forms that 
        are specified in such guidance), local plan modifications 
        (including local workforce investment area requests for funds 
        in forms that are specified in such guidance), and the 
        allotment and allocation of funds, including reallotment and 
        reallocation of such funds, that promote the expeditious and 
        effective implementation of the activities authorized under 
        this section.
            (2) Requirements.--Except as otherwise provided in the 
        guidance described in paragraph (1) and in this Act, the funds 
        provided for activities under this section shall be 
        administered in accordance with subtitles B and E of title I of 
        the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq., 
        2931 et seq.) relating to youth activities.
    (c) State Allotments.--
            (1) Reservations for outlying areas and tribes.--Of the 
        amount in the Fund that is not reserved under section 4(b), the 
        Secretary of Labor shall reserve--
                    (A) not more than \1/4\ of 1 percent to provide 
                assistance to outlying areas to provide summer 
                employment opportunities to youth; and
                    (B) 1.5 percent to provide assistance to recipients 
                under section 166(c) of the Workforce Investment Act of 
                1998 (29 U.S.C. 2911(c)) to provide summer employment 
                opportunities to youth.
            (2) States.--After determining the amounts to be reserved 
        under section 4(b) and paragraph (1), the Secretary of Labor 
        shall allot the remainder of the amount in the Fund among the 
        eligible States under such a formula as the Secretary 
        determines to be appropriate.
            (3) Reallotment.--If the Governor of a State does not 
        submit a State plan modification by the 30th day specified in 
        subsection (d)(2)(A), or a State does not receive approval of 
        such State plan modification, the amount the State would have 
        been eligible to receive pursuant to the formula under 
        paragraph (2) shall be reallocated in accordance with that 
        formula to States that receive such approval.
    (d) State Plan Modification.--
            (1) In general.--For a State to be eligible to receive an 
        allotment of funds under subsection (c), the Governor of the 
        State shall submit to the Secretary of Labor under paragraph 
        (2) a State plan modification in such form and containing such 
        information as the Secretary may require. At a minimum, such 
        plan modification shall include--
                    (A) a description of the strategies and activities 
                to be carried out to provide summer employment 
                opportunities for youth, including linkages described 
                in subsection (g)(1);
                    (B) a description of the requirements the State 
                will apply relating to the eligibility of youth for 
                summer employment opportunities, which requirements--
                            (i) shall include a requirement that in 
                        order to participate, a youth shall be a 
                        national of the United States or an alien 
                        lawfully admitted for permanent residence (as 
                        those terms are defined in section 101(a) of 
                        the Immigration and Nationality Act (8 U.S.C. 
                        1101(a)), or a nonimmigrant alien lawfully 
                        present in the United States; and
                            (ii) may include criteria to target 
                        assistance to particular categories of youth, 
                        such as youth with disabilities, consistent 
                        with subsection (f);
                    (C) a description of the performance outcomes to be 
                achieved by the State through the activities carried 
                out under this section and the processes the State will 
                use to track performance, consistent with guidance 
                provided by the Secretary of Labor regarding such 
                outcomes and processes and with section 6(b);
                    (D) a description of the timelines for 
                implementation of the activities described in 
                subparagraph (A), and the number of youth expected to 
                be placed in summer employment opportunities;
                    (E) a description of the formula that will be used 
                under subsection (e)(1)(B) to make allocations to local 
                workforce investment areas;
                    (F) assurances that the State will report such 
                information as the Secretary of Labor may require, 
                relating to fiscal, performance, and other matters, 
                that the Secretary determines is necessary to 
                effectively monitor the activities carried out under 
                this section; and
                    (G) assurances that the State will ensure 
                compliance with the requirements, restrictions, labor 
                standards, and other protections described in section 
                6(a).
            (2) Submission and approval of state plan modification.--
                    (A) Submission.--The Governor shall submit the 
                State plan modification to the Secretary of Labor not 
                later than 30 days after the date of the issuance of 
                the guidance described in subsection (b). If the plan 
                modification is disapproved, the Secretary of Labor may 
                provide a reasonable period of time in which the plan 
                modification may be amended and resubmitted for 
                approval.
                    (B) Approval.--The Secretary of Labor shall approve 
                a State plan modification submitted under subparagraph 
                (A) within 7 days after the date of the submission, 
                unless the Secretary determines that the plan 
                modification is inconsistent with the requirements of 
                this Act. If the Secretary of Labor has not made such a 
                determination within 7 days after that date of 
                submission, the plan modification shall be considered 
                to be approved. If the plan modification is approved, 
                the Secretary of Labor shall allot funds to the State 
                within 7 days after such approval.
            (3) Modifications to state plan modification.--The Governor 
        may submit a further modification to a State plan modification 
        under this subsection, consistent with the requirements of this 
        Act.
    (e) Within-State Allocation and Administration.--
            (1) In general.--Of the funds allotted to the State under 
        subsection (c), the Governor--
                    (A) may reserve not more than 5 percent for the 
                costs of technical assistance and State administration 
                of this Act; and
                    (B) shall allocate the remainder among the eligible 
                local workforce investment areas within the State in 
                accordance with the formula stated in the State plan 
                modification, except that not more than 10 percent of 
                the funds so allocated to a local workforce investment 
                area may be used for the costs of local administration 
                of this Act.
            (2) Reallocation.--If a local workforce investment board 
        for a local workforce investment area does not submit a local 
        plan modification by the 30th day specified in subsection 
        (f)(2)(A), or a local workforce investment area does not 
        receive approval of such local plan modification, the amount 
        the local workforce investment area would have been eligible to 
        receive pursuant to the formula under paragraph (1)(B) shall be 
        reallocated in accordance with that formula to local workforce 
        investment areas that receive such approval.
    (f) Local Plan Modification.--
            (1) In general.--For a local workforce investment area to 
        be eligible to receive an allocation of funds under subsection 
        (e)(1)(B), the local workforce investment board for the area, 
        in partnership with the chief elected official of the area, 
        shall submit to the Governor under paragraph (2) a local plan 
        modification. The local plan modification shall describe the 
        strategies and activities to be carried out under this section.
            (2) Submission and approval of local plan modification.--
                    (A) Submission.--The local workforce investment 
                board and chief elected official shall submit the local 
                plan modification not later than 14 days after the date 
                of the State submission of the State plan modification. 
                If the plan modification is disapproved, the Governor 
                may provide a reasonable period of time in which the 
                plan modification may be amended and resubmitted for 
                approval.
                    (B) Approval.--The Governor shall approve a local 
                plan modification submitted under subparagraph (A) 
                within 30 days after the date of the submission, unless 
                the Governor determines that the plan modification is 
                inconsistent with the requirements of this Act. If the 
                Governor has not made such a determination within 30 
                days after that date of submission, the plan 
                modification shall be considered to be approved. If the 
                plan modification is approved, the Governor shall 
                allocate funds to the local workforce investment area 
                within 14 days after such approval.
            (3) Modifications to local plan modification.--The local 
        workforce investment area may submit a further modification to 
        a local plan modification, consistent with the requirements of 
        this Act.
    (g) Use of Funds.--The funds made available under this section--
            (1) shall be used to provide summer employment 
        opportunities, for youth ages 16 through 24, with direct 
        linkages to academic and occupational learning; and
            (2) may be used to provide supportive services, such as 
        transportation or child care, necessary to enable such a youth 
        to participate in such an opportunity.

SEC. 6. GENERAL REQUIREMENTS.

    (a) Labor Standards and Protections.--Activities provided with 
funds made available under this Act shall be subject to the 
requirements and restrictions, including the labor standards, described 
in section 181 of the Workforce Investment Act of 1998 (29 U.S.C. 2931) 
and the nondiscrimination provisions of section 188 of such Act (29 
U.S.C. 2938), in addition to other applicable Federal laws.
    (b) Reporting.--The Secretary of Labor may require the reporting of 
information relating to fiscal, performance, and other matters that the 
Secretary determines is necessary to effectively monitor the activities 
carried out with funds provided under this Act. At a minimum, States 
and local workforce investment areas that receive funds under this Act 
shall provide information relating to--
            (1) the number of individuals participating in activities 
        with funds provided under this Act and the number of such 
        individuals who have completed such participation;
            (2) the expenditures of funds provided under this Act;
            (3) the number of jobs created pursuant to the activities 
        carried out under this Act;
            (4) the demographic characteristics of individuals 
        participating in activities under this Act; and
            (5) the performance outcomes of individuals participating 
        in activities under this Act.
    (c) Activities Required To Be Additional.--Funds provided under 
this Act shall only be used for activities that are in addition to 
activities that would otherwise be available in the State, local 
workforce investment area, or other appropriate jurisdiction in the 
absence of such funds.
    (d) Additional Requirements.--The Secretary of Labor may establish 
such additional requirements as the Secretary determines may be 
necessary to ensure fiscal integrity, effective monitoring, and the 
appropriate and prompt implementation of the activities under this Act.
    (e) Report of Information and Evaluations to Congress and the 
Public.--The Secretary of Labor shall provide to the appropriate 
committees of the Congress and make available to the public the 
information reported pursuant to subsection (b) and the evaluations of 
activities carried out with the funds reserved under section 4(b).

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Chief elected official.--The term ``chief elected 
        official'' has the meaning given the term in section 101 of the 
        Workforce Investment Act of 1998 (29 U.S.C. 2801).
            (2) Local plan modification.--The term ``local plan 
        modification'' means--
                    (A) a modification of a local plan submitted under 
                section 118 of the Workforce Investment Act of 1998 (29 
                U.S.C. 2833); or
                    (B) a request by a local workforce investment area 
                for funds, in a form that is specified in guidance 
                under section 5(b).
            (3) Local workforce investment area.--The term ``local 
        workforce investment area'' means such area designated under 
        section 116 of the Workforce Investment Act of 1998 (29 U.S.C. 
        2831).
            (4) Local workforce investment board.--The term ``local 
        workforce investment board'' means such board established under 
        section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 
        2832).
            (5) Outlying area.--The term ``outlying area'' means the 
        United States Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, and the Republic 
        of Palau.
            (6) State.--The term ``State'' means each of the several 
        States of the United States, the District of Columbia, and the 
        Commonwealth of Puerto Rico.
            (7) State plan modification.--The term ``State plan 
        modification'' means--
                    (A) a modification of a State plan submitted under 
                section 112 of the Workforce Investment Act of 1998 (29 
                U.S.C. 2822); or
                    (B) a State request for funds, in a form that is 
                specified in guidance under section 5(b).
                                 <all>