Sec. 5. Year-round employment opportunities for youth
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From the amount available under section 3(b)(2), 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 from 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 amount that is allotted to the State under subsection (a)(1) to local areas meeting the requirements under subsection
(c)in accordance with the allocation described in 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 10 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 or virtual peer learning under section 9; and not less than 5 percent of such amount shall be used to provide direct financial assistance to eligible youth through grants to support their financial needs to enter, remain enrolled in, and complete the program, such as support for supplies, transportation, child care, and housing. 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 board to the Governor for the local area involved 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 4, the plan required under this subsection may be submitted in combination with a plan under section 4, 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 year-round employment program, including how the local area will prioritize recruitment of individuals with barriers to employment; the number of eligible youth expected to participate in the program each program year; a description of the services, including supportive services, that the program is expected to provide to eligible youth, including how the local area will partner with community-based organizations to provide such services; performance accountability goals, as measured on the primary indicators of performance described in subsection (e)(1); an assurance that the program will be aligned with the youth investment activities provided by the local area 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 and other requirements and restrictions described in paragraphs (1), (2), and
(3)of section 7; a description of the alignment of the program to work-based learning opportunities, or plans to create work-based learning opportunities, and a description of whether the program awards academic credit towards a high school diploma or its recognized equivalent, or a recognized postsecondary credential, as applicable; a description of programs being offered that align with high-skill, high-wage, or in-demand industry sectors or occupations; a written commitment and support from the corresponding mayors or country executives to support the execution of the program as described in the plan; and any other information that the Governor may reasonably require. A local area that receives an allocation under this section shall use such allocation for development activities or expansion activities with respect to a year-round employment program in accordance with this subsection. In the case of a local area that, at the beginning of the first program year covered by the local plan submitted under subsection (c), is not carrying out a year-round employment program described in paragraph (4), the local board of such local area— shall use the amount allocated under this section to such local area to— plan, develop, and carry out a community-based year-round employment program that is described in and meets each requirement of paragraph (4), and that to the extent practicable is evidence-based; engage or establish industry or sector partnerships to determine year-round job needs to inform the establishment of such program; 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 50 percent of such amount to subsidize the wages of each eligible youth participating in such program. In the case of a local area that, at the beginning of the first program year covered by the local plan submitted under subsection (c), is carrying out a year-round program described in paragraph (4), the local board of such local area— shall use the amount allocated under this section to such local area to— increase the number of community-based, year-round employment opportunities offered through such program, including unsubsidized or partly subsidized opportunities and opportunities in the private sector, that to the extent practicable are evidence-based; conduct outreach to eligible youth and employers; and subsidize the wages of each eligible youth participating in such program, subject to paragraph (4)(A)(ii); and may use such amount to enhance the activities required under paragraph (4)(B). A year-round employment program described in this paragraph is a program that meets each of the following requirements: Each eligible youth participating in the program is matched 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 or more than 1 year; pay less than the greater of the applicable Federal, State, or local minimum wage; or employ the eligible youth for less than 20 hours per week. Not less than 25 percent of the wages of each eligible youth participating in the program is 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 State board. The program includes each of the following program elements: Work readiness training and educational programs aligned to career pathways for eligible youth to enhance their year-round employment opportunities, including programs with digital literacy and online work readiness opportunities, as appropriate, and support with obtaining documentation needed for employment, such as identification or a license. Coaching and mentoring services for eligible youth participating in the year-round employment program to enhance their year-round employment opportunities and encourage completion of such opportunities through the program, which services may be provided prior to, during, or after the year-round employment program. Coaching and mentoring services for employers on how to successfully employ each eligible youth participating in the program in meaningful work, including on providing a safe work and training environment for all participants, regardless of race, color, disability, age, religion, national origin, political affiliation, belief, marital status, sex (including sexual orientation or gender identity), pregnancy, childbirth, or a related medical condition, or status as a parent. Career exploration, career counseling, career planning, and postsecondary education planning services for eligible youth participating in the program. High-quality financial literacy education, for eligible youth participating in the program, to support their financial literacy, as described in section 129(b)(2)(D) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3164(b)(2)(D) ), and including education on the use of credit, financing higher education, savings and access to safe and affordable banking accounts with consumer protections. Provision of supportive services to eligible youth, or connection of such youth to supportive services provided by another entity, to enable participation in the program, which may include food and nutrition services, and health and mental health care supports. Follow-up services for not less than 12 months after the completion of participation, as appropriate. Integration of services provided by the program with youth development programs, secondary school programs, career pathways, career and technical education 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, as applicable. Connection of eligible youth participating in the program to providers of youth services (such as youth workforce investment activities), adult employment and training activities, vocational rehabilitation services, adult education and literacy activities under title II of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3271 et seq. ), career pathways, postsecondary education, or skills training programs funded by the State or Federal Government, as applicable. 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, or feasibility studies. Each local board shall ensure that each participant of a year-round employment program receiving assistance under this section shall be provided— information on the full array of applicable or appropriate services that are available through the local board or other eligible providers or one-stop partners, including those providers or partners receiving funds under this Act; and referral to appropriate training and educational programs that have the capacity to serve the participant either on a concurrent or sequential basis. Each local board shall, in a manner consistent with section 129(c)(3)(B) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3164(c)(3)(B) ), ensure that eligible youth who do not meet the employment requirements for the year-round employment program shall be referred for further assessment, as necessary, and referred to appropriate programs in accordance with clause
(i)to meet the basic skills and training needs for such employment. In carrying out a year-round employment program receiving assistance under this section, a local area shall give priority to year-round employment opportunities offered under such program— in existing or emerging high-skill, high-wage, or in-demand industry sectors or occupations; or that meet community needs in the public, private, or nonprofit sector. For each local area carrying out a year-round employment program funded under this section, the primary indicators of performance, with respect to each such program, shall include— the performance metrics described in section 116(b)(2)(A)(ii) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141(b)(2)(A)(ii) ); the percentage of program participants completing the program; and the percentage of program participants having participated in work-based learning. If a local area fails, for any program year, to meet a performance accountability goal identified in its local plan under subsection (c)(3)(E) with respect to a year-round employment program receiving assistance under this section, 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 for such program. In a case in which such local area fails to meet such performance accountability goal with respect to the program for a third consecutive year or fails to implement the improvement plan, the Governor shall take corrective actions, which may include, after notice and opportunity for a hearing, the withholding from the local area of all, or a portion, of the allocation under this section. Such withheld funds shall be used to provide year-round employment activities in such local area under alternative arrangements that are consistent with the program elements described in subsection (d)(4)(B), with the commitment described in subsection (c)(3)(J). Any funds made available for a year-round employment program 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 for which a local area receives an allocation under this section for a year-round employment program, the local area shall submit to the Secretary of Labor and the Governor a report containing— 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 allocation 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 the allocation under this section to develop or expand a year-round employment program that is a work-based learning program, including a description of program activities and services provided to eligible youth, including supportive services provided and the number of eligible youth participating in the program and accessing such services; for each youth participant with a subsidized wage, the amount and information describing the source of the subsidy, including the amount of the subsidy covered by grant funds under this section; 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 average number of hours spent on— carrying out recruitment and retention strategies; and providing support for participating youth, such as career planning, and time management and financial literacy training; the percent of eligible youth participating in the program that are placed in an employment opportunity in the nonprofit sector; the percent placed in an employment opportunity in the public sector; and the percent placed in an employment opportunity in the private sector; the number of eligible youth participating in the program who are asked by the employer involved to remain employed by the employer after the end of the year-round employment program and the number of such youth participants remaining employed by the employer for not less than 90 days after the end of the year-round employment program; and any other information that the Secretary of Labor determines to be 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 status in 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) ). For the purposes of this section, the term eligible youth means an individual who, at the time the eligibility determination is made, is an out-of-school youth.
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Sec. 5
Year-round employment opportunities for youth
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