Sec. 132. Use of funds for youth workforce investment activities
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Section 129 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3164 ) is amended by striking out-of-school each place it appears and inserting opportunity . Subparagraph
(A)of section 129(a)(1) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3164(a)(1) ) is amended to read as follows: To be eligible to participate in activities carried out under this chapter during any program year, an individual shall, at the time the eligibility determination is made, be an opportunity youth or an in-school youth. If a one-stop operator or eligible provider of youth workforce activities carrying out activities under this chapter reasonably believes that an individual is eligible to participate in such activities, the operator or provider may allow such individual to participate in such activities for not more than a 40-day period during which the operator or provider shall obtain the necessary information to make an eligibility determination with respect to such individual (which may involve working with such individual and other entities in the local area, and using available sources of administrative data, to obtain the necessary information). With respect to an individual who is determined to be ineligible for activities under this chapter by a one-stop operator or an eligible provider of youth workforce activities during the period described in clause
(ii)and who does not qualify for an exception under paragraph (3)(A)(ii) applicable to the local area involved, such operator or service provider— may— continue serving such individual using non-Federal funds; or end the participation of such individual in activities under this chapter and refer the individual to other services that may be available in the local area for which the individual may be eligible; and shall be paid for any services provided to such individual under this chapter during the period described in clause
(ii)by the local area involved using funds allocated to such area under section 128(b). In determining whether an individual is eligible to participate in activities carried out under this chapter on the basis of being an individual who is a youth experiencing homelessness, or a youth in foster care, as described in subparagraph (B)(iii)(V), the one-stop operator or service provider involved shall— if determining whether the individual is a youth experiencing homelessness, use a process that is in compliance with the requirements of subsection
(a)of section 479D of the Higher Education Act of 1965 ( 20 U.S.C. 1087uu–2 ) for financial aid administrators; and if determining whether the individual is a youth in foster care, use a process that is in compliance with the requirements of subsection
(b)of section 479D of the Higher Education Act of 1965 ( 20 U.S.C. 1087uu–2 ) for financial aid administrators. . Subparagraph
(B)of section 129(a)(1) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3164(a)(1) ) is amended— in the subparagraph heading, by striking and inserting Out-of-school ; Opportunity in clause (i), by inserting , except that an individual described in subparagraph
(IV)or
(V)of clause
(iii)may be attending school (as defined under State law) after (as defined under State law) ; in clause (ii), by inserting before the semicolon at the end, the following : , except that an individual described in subparagraph
(IV)or
(V)of clause
(iii)may be not younger than age 14 or older than age 24 ; and in clause (iii)— in subclause (III)— in the matter preceding item (aa)— by striking secondary school diploma or its recognized equivalent and inserting regular high school diploma or its recognized equivalent ; and by striking and is and inserting and ; in item (aa), by striking basic skills deficient; and inserting has foundational skill needs; ; and in item (bb), by striking an English language learner and inserting is an English learner ; and in subclause (V)— by striking A homeless individual ( and inserting An individual experiencing homelessness (meaning a homeless individual, ; by striking ( and inserting 42 U.S.C. 14043e-2(6) ) ( ; and 34 U.S.C. 12473(6) ) by striking a homeless child or youth ( and inserting a youth experiencing homelessness (meaning a homeless child or youth, . Clause
(iv)of section 129(a)(1)(C) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3164(a)(1)(C) ) is amended— in subclause (I), by striking Basic skills deficient. and inserting An individual who has foundational skill needs. ; in subclause (II), by striking language ; by striking subclauses
(III)and (IV); and by redesignating subclauses (V), (VI), and
(VII)as subclauses (III), (IV), and (V), respectively. Section 129(a)(1) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3164(a)(1) ) is amended by adding at the end the following: An opportunity youth described in subclause
(IV)or
(V)of subparagraph (B)(iii) who is attending any school (as defined under State law) shall be eligible to participate in any activity for in-school youth carried out under this chapter. . Section 129(a)(3) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3164(a)(3) ) is amended— in subparagraph (A)(ii), by striking 5 and inserting 10 ; and in subparagraph (B)— by striking 5 and inserting 10 ; and by striking paragraph (1)(C)(iv)(VII) and inserting paragraph (1)(C)(iv)(V) . Section 129(a)(4) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3164(a)(4) ) is amended— in the paragraph heading, by striking and inserting Out-of-school ; Opportunity in subparagraph (A)— by striking 75 each place it appears and inserting 70 ; by inserting the total amount of before funds available ; and by inserting in the State after subsection
(c); in subparagraph (B)(i), by striking 75 and inserting 70 ; by redesignating subparagraph (B), as so amended, as subparagraph (C); and by inserting after subparagraph
(A)the following: The local board, the chief elected official, and the Governor shall negotiate and reach agreement on the minimum amount of funds provided to a local area under subsection
(c)that shall be used to provide youth workforce investment activities for opportunity youth based on the needs of youth in the local area, which— may not be an amount that is less than 45 percent of the funds provided to such local area under subsection (c); and shall be the amount that is necessary for the State to meet the requirements of subparagraph
(A)with respect to the total amount of funds available for local areas under subsection (c). . Section 129(b)(1) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3164(b)(1) ) is amended— in the matter preceding subparagraph (A), by striking sections 128(a) and inserting sections 128(a)(1) ; in subparagraph (B), by inserting through a website that is consumer-tested to ensure that the website is easily understood, searchable, and navigable and allows for comparison of eligible providers based on the program elements offered by such providers and the performance of such providers on the primary indicators of performance for the youth program as described in section 116(b)(2)(A)(ii) after under section 123 ; and in subparagraph (D), by striking section 116(i) and inserting section 116(j) . Section 129(b)(2) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3164(b)(2) ) is amended— in the matter preceding subparagraph (A), by striking sections 128(a) and inserting sections 128(a)(1) ; in subparagraph (C), by inserting , which may include providing guidance on career options in in-demand industry sectors or occupations after in the State ; in subparagraph (D)— in clause (iv), by striking and at the end; and by inserting after clause
(v)the following: supporting the ability to understand relevant tax information and obligations; ; in subparagraph (E), by striking the period at the end and inserting a semicolon; and by adding at the end the following: establishing, supporting, and expanding work-based learning opportunities, including transitional jobs, that are aligned with career pathways; raising public awareness (including through public service announcements, such as social media campaigns and elementary and secondary school showcases and school visits) about career and technical education programs and community-based and youth services organizations, and other endeavors focused on programs that prepare students for in-demand industry sectors or occupations; developing partnerships between educational institutions (including area career and technical schools and institutions of higher education) and employers to create or improve workforce development programs to address the identified education and skill needs of the workforce and the employment needs of employers in the regions or local areas of the State, as determined based on the most recent analysis conducted under subparagraphs
(B)and
(C)of section 102(b)(1); coordinating activities with providers of a pre-apprenticeship program or apprenticeship program for youth in the State to establish, support, or expand the program described in this subparagraph, including any such program in the State receiving assistance under section 173; coordinating activities with entities implementing reentry projects in the State focused on establishing or improving workforce development programs for justice- involved youth, including any such reentry projects in the State receiving assistance under section 172; and coordinating activities with agencies implementing corrections education and other education programs in the State focused on providing incarcerated youth with education and skills development programs, including any such programs in the State receiving assistance under section 225. . Section 129(c)(1) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3164(c)(1) ) is amended— in subparagraph (A), by striking basic skills and inserting foundational skill needs ; in subparagraph (B), by inserting (which, in the case of a participant 18 years or older, may include co-enrollment in any employment or training activity provided under section 134 for adults) after services for the participant ; in subparagraph (C)— in clause (i), by striking secondary school diploma or its recognized equivalent and inserting regular high school diploma or its recognized equivalent ; and in clause (v), by inserting high-skill, high-wage, or after small employers, in ; and in subparagraph (D), by striking 10 and inserting 30 . Section 129(c)(2) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3164(c)(2) ) is amended— in the matter preceding subparagraph (A), by striking secondary school diploma or its recognized equivalent and inserting regular high school diploma or its recognized equivalent ; in subparagraph (A), by striking secondary school diploma or its recognized equivalent and inserting regular high school diploma or its recognized equivalent ; in subparagraph (C)— in clause (i)— by striking other and inserting year-round ; and by inserting that meet the requirements of paragraph
(10)after school year ; in clause (ii), by inserting and apprenticeship programs that serve youth after programs ; by amending clause
(iii)to read as follows: internships that— are paid internships or are unpaid internships for which academic credit may be awarded; are, to the extent practicable, aligned with in-demand industry sectors or occupations in the State or local area; and for which participants shall be paid (by the entity providing the internship, through funds allocated to the local area pursuant to paragraph
(1)for the program, or by another entity) if such internships are longer than— 4 weeks in the summer or 8 weeks during the school year for in-school youth and opportunity youth who are enrolled in school; or 8 weeks for opportunity youth who are not enrolled in school; ; by redesignating clause
(iv)as clause (v); by inserting after clause (iii), as so amended, the following: job shadowing; ; in clause (v), as so redesignated, by inserting and at the end; and by adding at the end the following: work-based learning; ; in subparagraph (H), by striking adult mentoring and inserting coaching and adult mentoring services ; in subparagraph (I), by inserting (including case management) after services ; in subparagraph (M)— by inserting high-skill, high-wage, or before in-demand industry ; and by striking the and at the end; in subparagraph (N), by striking the period at the end and inserting ; and ; and by adding at the end the following: activities to develop fundamental workforce readiness, which may include creativity, collaboration, critical thinking, digital literacy, persistence, and other relevant skills. . Section 129(c)(4) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3164(c)(4) ) is amended to read as follows: Not less than 40 percent of the funds allocated to the local area as described in paragraph
(1)shall be used to provide in-school youth and opportunity youth with activities under paragraph (2)(C). Not less than 12 and 1/2 percent of the funds used for the purposes described in subparagraph
(A)shall be used to provide in-school youth and opportunity youth with activities under paragraph (2)(C)(ii). . Section 129(c)(5) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3164(c)(5) ) is amended by inserting or local area after youth services . Section 129(c)(7) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3164(c)(7) ) is amended by inserting , secondary schools, and area career and technical schools after agencies . Section 129(c) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3164(c) ) is amended by adding at the end the following: Subject to subparagraph (B), funds allocated pursuant to paragraph
(1)to a local area may be used to pay, through an individual training account, an eligible provider of training services described in section 122(d) for training services described in section 134(c)(3) provided to in-school youth who are not younger than age 16 and not older than age 21 and opportunity youth, in the same manner that an individual training account is used to pay an eligible provider of training services under section 134(c)(3)(F)(iii) for training services provided to an adult or dislocated worker. To use an individual training account to pay for a program of training services that will take place during regular school hours for an in-school youth who is younger than the age 18, the local area shall receive written approval from the secondary school at which the in-school youth is enrolled prior to the start of the program of training services. . Section 129(c) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3164(c) ) is further amended by adding at the end the following: A summer employment opportunity or a year-round employment opportunity referred to in paragraph (2)(C)(i) shall be a program that matches eligible youth participating in such program with an appropriate employer (based on factors including the needs of the employer and the age, skill, and informed aspirations of the eligible youth) that— shall include— a component of occupational skills education; and not less than 2 of the activities described in subparagraphs (G), (H), (I), (K), (M), and
(O)of paragraph (2); may not use funds allocated under this chapter to subsidize more than 50 percent of the wages of each eligible youth participant in such program; in the case of a summer employment opportunity, complies with the requirements of subparagraph (B); and in the case of a year-round employment opportunity, complies with the requirements of subparagraph (C). In addition to the applicable requirements described in subparagraph (A), a summer employment opportunity— may not be less than 4 weeks; and may not pay less than the highest applicable wage required by the applicable Federal, State, or local minimum wage law. In addition to the applicable requirements described in subparagraph (A), a year-round employment opportunity— may not be shorter than 180 days or longer than 1 year; may not pay less than the highest applicable wage required by the applicable Federal, State, or local minimum wage law; and may not employ the eligible youth for less than 20 hours per week, except in instances when the eligible youth are under the age of 18 or enrolled in school. In selecting summer employment opportunities or year-round employment opportunities for purposes of paragraph (2)(C)(i), a local area shall give priority to such opportunities that meet the requirements of this paragraph and that are in existing or emerging high-skill, high-wage, or in-demand industry sectors or occupations. . Section 129(c)(3)(B) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3164(c)(3)(B) ) is amended by striking basic skills and inserting foundational skill needs .
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- 20 USC 1087uu–2
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Sec. 132
Use of funds for youth workforce investment activities
Cite20 USC 1087uu–2
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