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Code · BILL · 115th Congress · S. 3234 (Introduced in Senate) — To provide at-risk and disconnected youth with subsidized summer and year-round employment and to assist local commun... · Sec. 6

Sec. 6. Year-round employment for opportunity youth

2,004 words·~9 min read·/bill/115/s/3234/is/section-6

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Of the amount available under section 4(a)(2) that is not reserved under section 4(b), the Secretary of Labor shall, for the purpose of carrying out year-round employment programs under this section— after making the reservation described in paragraph (2), make an allotment of the remainder of such amount in accordance with section 127(b)(1)(C)(ii) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3162(b)(1)(C)(ii) ) to each State that meets the requirements of section 102 or 103 of such Act ( 29 U.S.C. 3112 , 3113); and reserve not more than one-quarter of 1 percent of such amount to provide assistance to the outlying areas.
The Governor of a State, in accordance with the State plan developed under section 102 or 103 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3112 , 3113), shall allocate the amounts that are allotted to the State under subsection (a)(1) to local areas meeting the requirements under subsection
(c)in accordance with the allocation described section 128(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3163(b)(2)(A)(i) ) for the purpose of developing and expanding year-round employment programs under this section. The Governor may, after consultation with the State board, reallocate to eligible local areas within the State amounts that are made available to local areas from allocations made under this section (referred to in this paragraph as a local allocation ) and that are available for reallocation in accordance with this paragraph. The amount available for reallocation for a program year is equal to the amount by which the unobligated balance of the local allocation, at the end of the program year prior to the program year for which the determination under this paragraph is made, exceeds 20 percent of such allocation for the prior program year. In making reallocations to eligible local areas of amounts available pursuant to subparagraph
(B)for a program year, the Governor shall allocate to each eligible local area within the State an amount based on the relative amount of the local allocation for the program year for which the determination is made, as compared to the total amount of the local allocations for all eligible local areas in the State for such program year. For purposes of this paragraph, the term eligible local area means a local area that meets the requirements under subsection
(c)and does not have an amount available for reallocation under subparagraph
(B)for the program year for which the determination under such subparagraph is made. Of the amount allocated to a local area under paragraph (1), not more than 7 percent of such amount may be used for the administrative costs of carrying out a year-round employment program under this section, including costs for participating in regional and national opportunities for in-person peer learning under section 10. In order for a local area to be eligible for funds under this section, the local board of the local area shall develop and submit to the Governor in accordance with paragraph
(2)a 4-year plan for the year-round employment program. Such plan shall, at a minimum— not conflict with the local plan submitted by the local board under section 108 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3123 ), as determined by the Governor; and contain the contents required under paragraph (3). A plan required under this subsection shall be submitted by the local area to the Governor of such area at such time and in such manner as the Governor may reasonably require. If a local area is seeking funds under this section and section 5, the plan required under this subsection may be submitted in combination with a plan under such section, in lieu of the local area submitting 2 separate plans. At a minimum, each plan required under this subsection shall include— a description of how the local area will carry out the activities described in subsection
(d)for each program year; a description of how the local area will recruit eligible youth to participate in the program; the number of eligible youth expected to participate in the program each program year; a description of the services provided, including supportive services, that the program is expected to provide to eligible youth; reasonable goals for performance accountability, as measured by the primary indicators of performance described in subsection (e)(1); an assurance that the program will be aligned with the youth investment activities provided under chapter 2 of subtitle B of title I of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3161 et seq.); an assurance that the local area will adhere to the labor standards outlined in section 8; and any other information as the Governor may reasonably require. A local area that receives an amount allocated under this section and, at the beginning of a program year, is not carrying out a year-round employment program that meets all of the requirements under paragraph (2)— shall use such amount to— plan, develop, and carry out a year-round employment program that meets all such requirements; and conduct outreach to eligible youth and employers; and may— use such amount to develop technology infrastructure, including data and management systems, to support such program; and use not more than 30 percent of such amount to subsidize the wages of each eligible youth participating in such program. A local area that receives an amount allocated under this section and, at the beginning of a program year, is carrying out a year-round employment program that meets all requirements under paragraph (2)— shall use such amount to— increase the number of year-round employment opportunities offered through such program, including unsubsidized or partly subsidized opportunities and opportunities in the private sector; conduct outreach to eligible youth and employers; and subsidize the wages of each eligible youth participating in such program; and may use such amount to enhance the activities required under paragraph (2)(B). A year-round employment program receiving funding under this section shall match each eligible youth participating in the program with an appropriate employer, based on factors including the needs of the employer and the age, skill, and informed aspirations of the participant, for high-quality year-round employment, which may not— be less than 180 days and more than 1 year; pay less than the greater of the applicable Federal, State, or local minimum wage; and employ the eligible youth for less than 20 hours per week. A year-round employment program receiving funding under this section shall require not less than 25 percent of the wages of each eligible youth participating in the program to be paid by the employer, except this requirement may be waived for not more than 10 percent of eligible youth participating in the program that have a significant barrier to employment as defined by the local board of the local area carrying out the program. An individual, to be eligible to participate in a year-round employment program under this section for a program year, shall, at the time the eligibility determination is made, be an out-of-school youth or an in-school youth. A year-round program receiving funding under this section shall include— work-readiness training and educational programs for eligible youth to enhance their year-round employment opportunity; coaching and mentoring services for eligible youth participating in the program to enhance their year-round employment opportunity and encourage completion of such opportunity through the program; coaching and mentoring services for employers on how to successfully employ each eligible youth participating in the program in meaningful work; career and college planning services for eligible youth participating in the program; high-quality financial literacy education for eligible youth participating in the program, including education on the use of credit and financing higher education, and access to safe and affordable banking accounts with consumer protections; providing supportive services to eligible youth, or connecting such youth to supportive services provided by another entity, to enable participation in the program; integration of services provided by the program with youth development programs, secondary school programs, youth workforce investment activities under chapter 2 of subtitle B of title I of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3161 et seq.), and skills training programs funded by the State or Federal Government; referring at least 30 percent of eligible youth participating in the program from or to providers of youth services, adult employment and training services, vocational rehabilitation services, and adult education and literacy services under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq.), or skills training programs funded by the State or Federal Government; a rigorous evaluation of such program using research approaches appropriate to the level of development and maturity of the program, including random assignment or quasi-experimental impact evaluations, implementation evaluations, pre-experimental studies, and feasibility studies; and commitment and support from mayors or county executives. In carrying out a year-round employment program receiving funding under this section, a local area shall give priority to year-round employment opportunities— in existing or emerging in-demand industry sectors or occupations; or that meet community needs in the public, private, or nonprofit sector. For activities funded under this section, the primary indicators of performance shall include— the performance metrics described in clauses (i)(III), (i)(V), (ii)(I), and (ii)(II) of section 116(b)(2)(A) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141(b)(2)(A) ); and a work-readiness indicator established by the Secretary of Labor. If a local area fails, for any program year, to meet performance accountability goals identified in its plan under subsection (c)(3)(E), the Governor, or, upon request by the Governor, the Secretary of Labor, shall provide the local area with technical assistance, which may include assistance in the development of a performance improvement plan. Any funds made available for year-round employment programs under this section shall supplement and not supplant other State or local public funds expended for year-round youth employment programs or other youth activities funded under section 129 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3164 ). For each year that a local area receives funds under this section for a year-round employment program, the local area shall submit to the Secretary of Labor and the Governor a report with— the number of eligible youth participating in the program; the number of eligible youth participating in the program who complete a year-round employment opportunity through the program; the expenditures made from the amounts allocated under this section, including expenditures made to provide eligible youth participating in the program with supportive services; a description of how the local area has used amounts allocated under this section to develop or expand a year-round employment program, including a description of the program activities and services, including the supportive services provided and the number of eligible youth participating in the program and accessing such services; the source and amount of funding for the wages of each eligible youth participating in the program; information specifying the levels of performance achieved with respect to the primary indicators of performance described in subsection (e)(1) for the program; the average number of hours and weeks worked and the average amount of wages earned by eligible youth participating in the program; the percent of eligible youth participating in the program that are placed in— an employment opportunity in the nonprofit sector; an employment opportunity in the public sector; and an employment opportunity in the private sector; the number of eligible youth participating in the program who are asked by the employer to remain employed by the employer after the end of the year-round employment and the number of youth participants remaining employed by the employer for not less than 90 days after the end of the year-round employment; and any other information that the Secretary of Labor determines necessary to monitor the effectiveness of the program. The information required to be reported under subparagraphs (A), (B), and
(G)of paragraph
(1)shall be disaggregated by race, ethnicity, sex, age, and each subpopulation described in subclauses
(I)through
(VI)of section 129(a)(1)(B)(iii) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3164(a)(1)(B)(iii) ).
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