Sec. 1465. Summer employment and year-round employment opportunities for low-income youth
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/bill/114/hr/2721/ih/section-1465·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
From the funds available under section 1463(a)(2), the Secretary of Labor shall make an allotment under subsection
(c)to each State that has a State plan modification (or other form of request for funds specified in guidance under subsection (b)) approved under subsection
(d)and to each outlying area and Native American grantee under section 166 of the Workforce Innovation and Opportunity Act (as in effect on the day before the date of enactment of the Workforce Innovation and Opportunity Act) that meets the requirements of this section, for the purpose of providing summer employment and year-round employment opportunities to low-income youth. Not later than 20 days after the date of enactment of this Act, the Secretary of Labor shall issue guidance regarding the implementation of this section. Such guidance shall, consistent with this section, include procedures for the submission and approval of State plan modifications, or for forms of requests for funds by the State as may be identified in such guidance, local plan modifications, or other forms of requests for funds from local workforce investment areas as may be identified 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. Except as otherwise provided in the guidance described in paragraph
(1)and in this section and other provisions of 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 Innovation and Opportunity Act (as in effect on the day before the date of enactment of the Workforce Innovation and Opportunity Act) relating to youth activities. Of the funds described in subsection (a), the Secretary shall reserve— not more than one-quarter of 1 percent to provide assistance to outlying areas to provide summer and year-round employment opportunities to low-income youth; and 1.5 percent to provide assistance to grantees of the Native American programs under section 166 of the Workforce Innovation and Opportunity Act (as in effect on the day before the date of enactment of the Workforce Innovation and Opportunity Act) to provide summer and year-round employment opportunities to low-income youth. After determining the amounts to be reserved under paragraph (1), the Secretary of Labor shall allot the remainder of the amounts described in subsection
(a)among the States in accordance with the factors described in section 1464(b)(2) of this Act. If the Governor of a State does not submit a State plan modification or other request for funds specified in guidance under subsection
(b)by the time specified in subsection (d)(2)(B), or a State does not receive approval of such State plan modification or request, the amount the State would have been eligible to receive pursuant to the formula under paragraph
(2)shall be added to the amounts available for the competitive grants under section 1463(a)(3). For a State to be eligible to receive an allotment of the funds under subsection (c), the Governor of the State shall submit to the Secretary of Labor a modification to a State plan approved under section 102 of the Workforce Innovation and Opportunity Act (as in effect on the day before the date of enactment of the Workforce Innovation and Opportunity Act), or other request for funds described in guidance in subsection (b), in such form and containing such information as the Secretary may require. At a minimum, such plan modification or request shall include— a description of the strategies and activities to be carried out to provide summer employment opportunities and year-round employment opportunities, including the linkages to educational activities, consistent with subsection (f); a description of the requirements the States will apply relating to the eligibility of low-income youth, consistent with section 1468(4), for summer employment opportunities and year-round employment opportunities, which may include criteria to target assistance to particular categories of such low-income youth, such as youth with disabilities, consistent with subsection (f); 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 1467(b); a description of the timelines for implementation of the activities described in subparagraph (A), and the number of low-income youth expected to be placed in summer employment opportunities, and year-round employment opportunities, respectively, by quarter; assurances that the State will report such information as the Secretary 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 assurances that the State will ensure compliance with the labor standards protections described in section 1467(a). The Governor shall submit a modification of the State plan or other request for funds described in guidance in subsection
(b)to the Secretary of Labor not later than 30 days after the issuance of such guidance. The State plan modification or request for funds required under this subsection may be submitted in conjunction with the State plan required under section 1464. The Secretary of Labor shall approve the plan or request submitted under subparagraph
(A)within 30 days after submission, unless the Secretary determines that the plan or request is inconsistent with the requirements of this section. If the Secretary has not made a determination within 30 days, the plan or request shall be considered approved. If the plan or request is disapproved, the Secretary may provide a reasonable period of time in which a disapproved plan or request may be amended and resubmitted for approval. If the plan or request is approved, the Secretary shall allot funds to States within 30 days after such approval. The Governor may submit further modifications to a State plan or request for funds identified under subsection
(b)to carry out this section in accordance with the requirements of this section. Of the funds allotted to the State under subsection (c), the Governor— may reserve up to 5 percent of the allotment for administration and technical assistance; and shall allocate the remainder of the allotment among local workforce investment areas within the State in accordance with the factors identified in section 1464(b)(2), except that for purposes of such allocation references to a State in such paragraph shall be deemed to be references to a local workforce investment area and references to all States shall be deemed to be references to all local areas in the State involved. Not more than 10 percent of the funds allocated to a local workforce investment area may be used for the costs of administration of this section. In order to receive an allocation under paragraph (1)(B), the local workforce investment board, in partnership with the chief elected official for the local workforce investment area involved, shall submit to the Governor a modification to a local plan approved under section 108 of the Workforce Innovation and Opportunity Act (as in effect on the day before the date of enactment of the Workforce Innovation and Opportunity Act), or other form of request for funds as may be identified in the guidance issued under subsection (b), not later than 30 days after the submission by the State of the modification to the State plan or other request for funds identified in subsection (b), describing the strategies and activities to be carried out under this section. The Governor shall approve the local plan submitted under subparagraph
(A)within 30 days after submission, unless the Governor determines that the plan is inconsistent with requirements of this section. If the Governor has not made a determination within 30 days, the plan shall be considered approved. If the plan is disapproved, the Governor may provide a reasonable period of time in which a disapproved plan may be amended and resubmitted for approval. The Governor shall allocate funds to local workforce investment areas with approved plans within 30 days after approval. If a local workforce investment board does not submit a local plan modification (or other request for funds identified in guidance under subsection (b)) by the time specified in paragraph (2), or does not receive approval of a local plan, the amount the local workforce investment area would have been eligible to receive pursuant to the formula under paragraph (1)(B) shall be allocated to local workforce investment areas that receive approval of the local plan modification or request for funds under paragraph (2). Such reallocations shall be made in accordance with the relative share of the allocations to such local workforce investment areas applying the formula factors described under paragraph (1)(B). The funds provided under this section shall be used— to provide summer employment opportunities for low-income youth, ages 16 through 24, with direct linkages to academic and occupational learning, and may include the provision of supportive services, such as transportation or child care, necessary to enable such youth to participate; and to provide year-round employment opportunities, which may be combined with other activities authorized under section 129 of the Workforce Innovation and Opportunity Act (as in effect on the day before the date of enactment of the Workforce Innovation and Opportunity Act), to low-income youth, ages 16 through 24, with a priority to out-of-school youth who are— high school dropouts; or recipients of a secondary school diploma or its equivalent but who are basic skills deficient unemployed or underemployed. In administering the funds under this section, the local board and local chief elected officials shall give a priority to— identifying employment opportunities that are— in emerging or in-demand occupations in the local workforce investment area; or in the public or nonprofit sector that meet community needs; and linking year-round program participants to training and educational activities that will provide such participants an industry-recognized certificate or credential. For activities funded under this section, in lieu of the requirements described in section 116 of the Workforce Innovation and Opportunity Act (as in effect on the day before the date of enactment of the Workforce Innovation and Opportunity Act), State and local workforce investment areas shall provide such reports as the Secretary of Labor may require regarding the performance outcomes described in section 1467(a)(5).