1.This Act may be cited as the
Youth Summer Jobs Act of
2012
.
2.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.
3.Establishment of
Youth Summer Employment Success Fund
(a)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)
(1)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)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)
(1)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)
(A)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)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)This
subsection shall not apply to the unobligated funds of the Department of
Veterans Affairs.
4.
(a)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)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)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.
5.Establishment
and operation of Youth Summer Employment Program
(a)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)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)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)
(1)Reservations
for outlying areas and tribesOf 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)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)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)
(1)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)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)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 modificationThe 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)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)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)
(1)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)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)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 modificationThe local workforce investment area
may submit a further modification to a local plan modification, consistent with
the requirements of this Act.
(g)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.
6.
(a)Labor standards
and protectionsActivities 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)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 additionalFunds 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)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 publicThe
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).
7.In this Act:
(1)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)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 areaThe 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 boardThe 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)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)The
term State means each of the several States of the United States,
the District of Columbia, and the Commonwealth of Puerto Rico.
(7)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).