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 30-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, other entities in the local area, and 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 a service provider 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 homeless child or youth, 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 homeless child or youth, use a process that is in compliance with the requirements of subsection
(a)of section 479D of the Higher Education Act of 1965, as added by section 702(l) of the FAFSA Simplification Act ( Public Law 116–260 ), 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, as added by section 702(l) of the FAFSA Simplification Act ( Public Law 116–260 ), 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 after (as defined under State law) ; and in clause (iii)(III)(bb), by striking language . Subparagraph (C)(iv) of section 129(a)(1) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3164(a)(1) ) is amended— 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)(3) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3164(a)(1) ) is amended— in subparagraph (A)(ii), by striking 5 and inserting 10 ; and in subparagraph (B)— by striking 5 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)(1) ) 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 65 ; by inserting the total amount of after percent of ; and by inserting in the State after subsection
(c); in subparagraph (B)(i), by striking 75 and inserting 65 ; 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, as necessary for the State to meet the percentage described in subparagraph (A). . Section 129(b)(1) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3164(b)(1) )— in the matter preceding subparagraph (A), by striking sections 128(a) and inserting sections 128(a)(1) ; and 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 . 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; and 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). . Section 129(c)(1) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3164(c)(1) ) is amended— 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 for the participant ; in subparagraph (C)(v), by inserting high-skill, high-wage, or after small employers, in ; and in subparagraph (D)— by striking 10 and inserting 40 ; and by inserting before the period the following: , except that after 2 consecutive years of the local board implementing such a pay-for-performance contract strategy, the local board may reserve and use not more than 60 percent of such total funds allocated to the local area for such strategy if— the local board demonstrates to the Governor that such strategy resulted in performance improvements; and the Governor approves a request to use such percentage of total funds. . Section 129(c)(2) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3164(c)(2) ) is amended— 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 (iii), by striking and job shadowing; and and inserting the following: that, to the extent practicable, are 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); and by inserting after clause (iii), as so amended, the following: job shadowing; and ; in subparagraph (H), by striking adult mentoring and inserting coaching and adult mentoring 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)(2) ) is amended, by striking 20 and inserting 40 . Section 129(c)(5) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3164(c)(2) ) is amended by inserting or local area after youth services . Section 129(c) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3164(c)(2) ) is further amended by adding at the end the following: 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. . Section 129(c) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3164(c)(2) ) 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; 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 greater of the applicable Federal, State, or local minimum wage. In addition to the applicable requirements described in subparagraph (B), a year-round employment opportunity— may not be shorter than 180 days or longer than 1 year; may not pay less than the greater of the applicable Federal, State, or local minimum wage; 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 programs that meet the requirements of this paragraph, which are in existing or emerging high-skill, high-wage, or in-demand industry sectors or occupations. .
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