[Congressional Record Volume 167, Number 81 (Tuesday, May 11, 2021)]
[Senate]
[Pages S2453-S2457]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTION
By Mr. DURBIN (for himself and Ms. Duckworth):
S. 1560. A bill to amend the Internal Revenue Code of 1986 to modify
the work opportunity credit for certain youth employees; to the
Committee on Finance.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1560
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping to Encourage Real
Opportunities (HERO) for Youth Act of 2021''.
[[Page S2454]]
SEC. 2. MODIFICATION AND EXTENSION OF WORK OPPORTUNITY CREDIT
FOR CERTAIN YOUTH EMPLOYEES.
(a) Expansion of Credit for Summer Youth.--
(1) Credit allowed for year-round employment.--Section
51(d)(7)(A) of the Internal Revenue Code of 1986 is amended--
(A) by striking clauses (i) and (iii) and redesignating
clauses (ii) and (iv) as clauses (i) and (ii), respectively;
(B) in clause (i) (as so redesignated), by striking ``(or
if later, on May 1 of the calendar year involved),'';
(C) by striking the period at the end of clause (ii) (as so
redesignated) and inserting ``, and''; and
(D) adding at the end the following new clause:
``(iii) who will be employed for not more than 20 hours per
week during any period between September 16 and April 30 in
which such individual is regularly attending any secondary
school.''.
(2) Increase in credit amount.--Section 51(d)(7) of the
Internal Revenue Code of 1986 is amended by striking
subparagraph (B) and by redesignating subparagraph (C) as
subparagraph (B).
(3) Conforming amendments.--
(A) Subparagraph (F) of section 51(d)(1) of the Internal
Revenue Code of 1986 is amended by striking ``summer''.
(B) Paragraph (7) of section 51(d) of such Code is
amended--
(i) by striking ``summer'' each place it appears in
subparagraphs (A);
(ii) in subparagraph (B), as redesignated by paragraph (2),
by striking ``subparagraph (A)(iv)'' and inserting
``subparagraph (A)(ii)''; and
(iii) by striking ``summer'' in the heading thereof.
(b) Credit for Disconnected Youth.--
(1) In general.--Paragraph (1) of section 51(d) of the
Internal Revenue Code of 1986 is amended by striking ``or''
at the end of subparagraph (I), by striking the period at the
end of subparagraph (J) and inserting ``, or'' , and by
adding at the end the following new subparagraph:
``(K) an disconnected youth.''.
(2) Disconnected youth.--Paragraph (14) of section 51(d) of
such Code is amended to read as follows:
``(14) Disconnected youth.--The term `disconnected youth'
means any individual who--
``(A)(i) is certified by the designated local agency as
having attained age 16 but not age 25 on the hiring date, and
``(ii) has self-certified (on a form prescribed by the
Secretary) that such individual--
``(I) has not regularly attended any secondary, technical,
or post-secondary school during the 6-month period preceding
the hiring date,
``(II) has not been regularly employed during such 6-month
period, and
``(III) is not readily employable by reason of lacking a
sufficient number of basic skills, or
``(B) is certified by the designated local agency as--
``(i) having attained age 16 but not age 21 on the hiring
date, and
``(ii) an eligible foster child (as defined in section
152(f)(1)(C)) who was in foster care during the 12-month
period ending on the hiring date.''.
(c) Effective Date.--The amendments made by this section
shall apply to individuals who begin work for the employer
after the date of the enactment of this Act.
______
By Mr. DURBIN (for himself and Ms. Duckworth):
S. 1562. A bill to amend the Workforce Innovation and Opportunity Act
to provide funding, on a competitive basis, for summer and year-round
employment opportunities for youth ages 14 through 24; to the Committee
on Health, Education, Labor, and Pensions.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1560
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Creating Pathways for Youth
Employment Act''.
SEC. 2. YOUTH EMPLOYMENT OPPORTUNITIES.
Title I of the Workforce Innovation and Opportunity Act is
amended--
(1) by redesignating subtitle E (29 U.S.C. 3241 et seq.) as
subtitle F; and
(2) by inserting after subtitle D (29 U.S.C. 3221 et seq.)
the following:
``Subtitle E--Youth Employment Opportunities
``SEC. 176. DEFINITIONS.
``In this subtitle:
``(1) Eligible youth.--The term `eligible youth' means an
individual who--
``(A) is not younger than age 14 or older than age 24; and
``(B) is--
``(i) an in-school youth;
``(ii) an out-of-school youth; or
``(iii) an unemployed individual.
``(2) Hardest-to-employ, most-at-risk.--The term `hardest-
to-employ, most-at-risk', used with respect to an individual,
includes individuals who are homeless, in foster care,
involved in the juvenile or criminal justice system, or are
not enrolled in or at risk of dropping out of an educational
institution and who live in an underserved community that has
faced trauma through acute or long-term exposure to
substantial discrimination, historical or cultural
oppression, intergenerational poverty, civil unrest, a high
rate of violence, or a high rate of drug overdose mortality.
``(3) Indian tribe; tribal organization.--The terms `Indian
tribe' and `tribal organization' have the meanings given the
terms in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
``(4) In-school youth; out-of-school youth.--The terms `in-
school youth' and `out-of-school youth' have the meanings
given the terms in section 129(a)(1).
``(5) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(6) Subsidized employment.--The term `subsidized
employment' means employment for which the employer receives
a total or partial subsidy to offset costs of employing an
eligible youth under this subtitle.
``(7) Tribal area.--The term `tribal area' means--
``(A) an area on or adjacent to an Indian reservation;
``(B) land held in trust by the United States for Indians;
``(C) a public domain Indian allotment;
``(D) a former Indian reservation in Oklahoma; and
``(E) land held by an incorporated Native group, Regional
Corporation, or Village Corporation under the provisions of
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.).
``(8) Tribal college or university.--The term `tribal
college or university' has the meaning given the term `Tribal
College or University' in section 316(b) of the Higher
Education Act of 1965 (20 U.S.C. 1059c(b)).
``(9) Tribally designated housing entity.--The term
`tribally designated housing entity', used with respect to an
Indian tribe (as defined in this section), has the meaning
given in section 4 of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4103).
``SEC. 176A. ALLOCATION OF FUNDS.
``(a) Allocation.--Of the funds appropriated under section
176E that remain available after any reservation under
subsection (b), the Secretary may make available--
``(1) not more than $1,500,000,000 in accordance with
section 176B to provide eligible youth with subsidized summer
employment opportunities; and
``(2) not more than $2,000,000,000 in accordance with
section 176C to provide eligible youth with subsidized year-
round employment opportunities.
``(b) Reservation.--The Secretary may reserve not more than
10 percent of the funds appropriated under section 176E to
provide technical assistance and oversight, in order to
assist eligible entities in applying for and administering
grants awarded under this subtitle.
``SEC. 176B. SUMMER EMPLOYMENT COMPETITIVE GRANT PROGRAM.
``(a) In General.--
``(1) Grants.--Using the amounts made available under
176A(a)(1), the Secretary shall award, on a competitive
basis, planning and implementation grants.
``(2) General use of funds.--The Secretary shall award the
grants to assist eligible entities by paying for the program
share of the cost of--
``(A) in the case of a planning grant, planning a summer
youth employment program to provide subsidized summer
employment opportunities; and
``(B) in the case of an implementation grant,
implementation of such a program, to provide such
opportunities.
``(b) Periods and Amounts of Grants.--
``(1) Planning grants.--The Secretary may award a planning
grant under this section for a 1-year period, in an amount of
not more than $200,000.
``(2) Implementation grants.--The Secretary may award an
implementation grant under this section for a 3-year period,
in an amount of not more than $5,000,000.
``(c) Eligible Entities.--
``(1) In general.--To be eligible to receive a planning or
implementation grant under this section, an entity shall--
``(A) be a--
``(i) State, local government, or Indian tribe or tribal
organization, that meets the requirements of paragraph (2);
or
``(ii) community-based organization that meets the
requirements of paragraph (3); and
``(B) meet the requirements for a planning or
implementation grant, respectively, specified in paragraph
(4).
``(2) Government partnerships.--An entity that is a State,
local government, or Indian tribe or tribal organization
referred to in paragraph (1) shall demonstrate that the
entity has entered into a partnership with State, local, or
tribal entities--
``(A) that shall include--
``(i) a local educational agency or tribal educational
agency (as defined in section 6132 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7452));
``(ii) a local board or tribal workforce development
agency;
[[Page S2455]]
``(iii) a State, local, or tribal agency serving youth
under the jurisdiction of the juvenile justice system or
criminal justice system;
``(iv) a State, local, or tribal child welfare agency;
``(v) a State, local, or tribal agency or community-based
organization, with--
``(I) expertise in providing counseling services, and
trauma-informed and gender-responsive trauma prevention,
identification, referral, and support (including treatment)
services; and
``(II) a proven track record of serving low-income
vulnerable youth and out-of-school youth; and
``(vi) if the State, local government, or Indian tribe or
tribal organization is seeking an implementation grant, and
has not established a summer youth employment program, an
entity that is carrying out a State, local, or tribal summer
youth employment program; and
``(vii) an employer or employer association; and
``(B) that may include--
``(i) an institution of higher education or tribal college
or university;
``(ii) a representative of a labor or labor-management
organization;
``(iii) an entity that carries out a program that receives
funding under the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5601 et seq.) or section 212 of the
Second Chance Act of 2007 (42 U.S.C. 17532);
``(iv) a collaborative applicant as defined in section 401
of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11360) or a private nonprofit organization that serves
homeless individuals and households (including such an
applicant or organization that serves individuals or
households that are at risk of homelessness in tribal areas)
or serves foster youth;
``(v) an entity that carries out a program funded under the
Carl D. Perkins Career and Technical Education Act of 2006
(20 U.S.C. 2301 et seq.), including Native American programs
funded under section 116 of that Act (20 U.S.C. 2326) and
tribally controlled postsecondary career and technical
institution programs funded under section 117 of that Act (20
U.S.C. 2327);
``(vi) a local or tribal youth committee;
``(vii) a State or local public housing agency or a
tribally designated housing entity; and
``(viii) another appropriate State, local, or tribal
agency.
``(3) Community-based organization partnerships.--A
community-based organization referred to in paragraph (1)
shall demonstrate that the organization has entered into a
partnership with State, local, or tribal entities--
``(A) that shall include--
``(i) a unit of general local government or tribal
government;
``(ii) an agency described in paragraph (2)(A)(i);
``(iii) a local board or tribal workforce development
agency;
``(iv) a State, local, or tribal agency serving youth under
the jurisdiction of the juvenile justice system or criminal
justice system;
``(v) a State, local, or tribal child welfare agency;
``(vi) if the organization is seeking an implementation
grant, and has not established a summer youth employment
program, an entity that is carrying out a State, local, or
tribal summer youth employment program; and
``(vii) an employer or employer association; and
``(B) that may include one or more entities described in
paragraph (2)(B).
``(4) Entities eligible for particular grants.--
``(A) Entities eligible for planning grants.--The Secretary
may award a planning grant under this section to an eligible
entity that--
``(i) is preparing to establish or expand a summer youth
employment program that meets the minimum requirements
specified in subsection (d); and
``(ii) has not received a grant under this section.
``(B) Entities eligible for implementation grants.--
``(i) In general.--The Secretary may award an
implementation grant under this section to an eligible entity
that--
``(I) has received a planning grant under this section; or
``(II) has established a summer youth employment program
and demonstrates a minimum level of capacity to enhance or
expand the summer youth employment program described in the
application submitted under subsection (d).
``(ii) Capacity.--In determining whether an entity has the
level of capacity referred to in clause (i)(II), the
Secretary may include as capacity--
``(I) the entity's staff capacity and staff training to
deliver youth employment services; and
``(II) the entity's existing youth employment services (as
of the date of submission of the application submitted under
subsection (d)) that are consistent with the application.
``(d) Application.--
``(1) In general.--Except as provided in paragraph (2), an
eligible entity desiring to receive a grant under this
section for a summer youth employment program shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require,
including, at a minimum, each of the following:
``(A) With respect to an application for a planning or
implementation grant--
``(i) a description of the eligible youth for whom summer
employment services will be provided;
``(ii) a description of the eligible entity, and a
description of the expected participation and
responsibilities of each of the partners in the partnership
described in subsection (c);
``(iii) information demonstrating sufficient need for the
grant in the State, local, or tribal population, which may
include information showing--
``(I) a high level of unemployment among youth (including
young adults) ages 14 through 24;
``(II) a high rate of out-of-school youth;
``(III) a high rate of homelessness;
``(IV) a high rate of poverty;
``(V) a high rate of adult unemployment;
``(VI) a high rate of community or neighborhood crime;
``(VII) a high rate of violence; or
``(VIII) a high level or rate on another indicator of need;
``(iv) a description of the strategic objectives the
eligible entity seeks to achieve through the program to
provide eligible youth with core work readiness skills, which
may include--
``(I) financial literacy skills, including providing the
support described in section 129(b)(2)(D);
``(II) sector-based technical skills aligned with employer
needs;
``(III) skills that--
``(aa) are soft employment skills, early work skills, or
work readiness skills; and
``(bb) include social skills, communications skills,
higher-order thinking skills, self-control, and positive
self-concept; and
``(IV) (for the hardest-to-employ, most-at-risk eligible
youth) basic skills like communication, math, and problem
solving in the context of training for advancement to better
jobs and postsecondary training; and
``(v) information demonstrating that the eligible entity
has obtained commitments to provide the non-program share
described in paragraph (2) of subsection (h).
``(B) With respect to an application for a planning grant--
``(i) a description of the intermediate and long-term goals
for planning activities for the duration of the planning
grant;
``(ii) a description of how grant funds will be used to
develop a plan to provide summer employment services for
eligible youth;
``(iii) a description of how the eligible entity will carry
out an analysis of best practices for identifying,
recruiting, and engaging program participants, in particular
the hardest-to-employ, most-at-risk eligible youth;
``(iv) a description of how the eligible entity will carry
out an analysis of best practices for placing youth
participants--
``(I) in opportunities that--
``(aa) are appropriate subsidized employment opportunities
with employers based on factors including age, skill,
experience, career aspirations, work-based readiness, and
barriers to employment; and
``(bb) may include additional services for participants,
including core work readiness skill development and
mentorship services;
``(II) in summer employment that--
``(aa) is not less than 6 weeks;
``(bb) follows a schedule of not more than 20 hours per
week; and
``(cc) pays not less than the applicable Federal, State, or
local minimum wage; and
``(v) a description of how the eligible entity plans to
develop a mentorship program or connect youth with positive,
supportive mentorships, consistent with paragraph (3).
``(C) With respect to an application for an implementation
grant--
``(i) a description of how the eligible entity plans to
identify, recruit, and engage program participants, in
particular the hardest-to-employ, most-at-risk eligible
youth;
``(ii) a description of the manner in which the eligible
entity plans to place eligible youth participants in
subsidized employment opportunities, and in summer
employment, described in subparagraph (B)(iv);
``(iii) (for a program serving the hardest-to-employ, most-
at-risk eligible youth), a description of workplaces for the
subsidized employment involved, which may include workplaces
in the public, private, and nonprofit sectors;
``(iv) a description of how the eligible entity plans to
provide or connect eligible youth participants with positive,
supportive mentorships, consistent with paragraph (3);
``(v) a description of services that will be available to
employers participating in the youth employment program, to
provide supervisors involved in the program with coaching and
mentoring on--
``(I) how to support youth development;
``(II) how to structure learning and reflection; and
``(III) how to deal with youth challenges in the workplace;
``(vi) a description of how the eligible entity plans to
offer structured pathways back into employment and a youth
employment program under this section for eligible youth who
have been terminated from employment or removed from the
program;
``(vii) a description of how the eligible entity plans to
engage eligible youth beyond
[[Page S2456]]
the duration of the summer employment opportunity, which may
include--
``(I) developing or partnering with a year-round youth
employment program;
``(II) referring eligible youth to other year-round
programs, which may include--
``(aa) programs funded under section 176C or the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2301 et seq.);
``(bb) after school programs;
``(cc) secondary or postsecondary education programs;
``(dd) training programs;
``(ee) cognitive behavior therapy programs;
``(ff) apprenticeship programs; and
``(gg) national service programs;
``(III) employing a full-time, permanent staff person who
is responsible for youth outreach, followup, and recruitment;
or
``(IV) connecting eligible youth with job development
services, including career counseling, resume and job
application assistance, interview preparation, and
connections to job leads;
``(viii) evidence of the eligible entity's capacity to
provide the services described in this subsection; and
``(ix) a description of the quality of the summer youth
employment program, including a program that leads to a
recognized postsecondary credential.
``(2) Indian tribe; tribal organizations.--An eligible
entity that is an Indian tribe or tribal organization and
desires to receive a grant under this section for a summer
youth employment program may, in lieu of submitting the
application described in paragraph (1), submit an application
to the Secretary that meets such requirements as the
Secretary develops after consultation with the tribe or
organization.
``(3) Mentor.--For purposes of subparagraphs (B)(iv),
(B)(v), and (C)(iv) of paragraph (1), a mentor--
``(A) shall be an individual who has been matched with an
eligible youth based on the youth's needs;
``(B) shall make contact with the eligible youth at least
once each week;
``(C) shall be a trusted member of the local community; and
``(D) may include--
``(i) a mentor trained in trauma-informed care (including
provision of trauma-informed trauma prevention,
identification, referral, or support services to youth that
have experienced or are at risk of experiencing trauma),
conflict resolution, and positive youth development;
``(ii) a job coach trained to provide youth with guidance
on how to navigate the workplace and troubleshoot problems;
``(iii) a supervisor trained to provide at least two
performance assessments and serve as a reference; or
``(iv) a peer mentor who is a former or current participant
in the youth employment program involved.
``(e) Awards for Populations and Areas.--
``(1) Populations.--The Secretary shall reserve, from the
amounts made available under section 176A(a)(1)--
``(A) 50 percent to award grants under this section for
planning or provision of subsidized summer employment
opportunities for in-school youth; and
``(B) 50 percent to award such grants to plan for planning
or provision of such opportunities for out-of-school youth.
``(2) Areas.--
``(A) In general.--In awarding the grants, the Secretary
shall consider the regional diversity of the areas to be
served, to ensure that urban, suburban, rural, and tribal
areas are receiving grant funds.
``(B) Rural and tribal area inclusion.--
``(i) Rural areas.--Not less than 20 percent of the amounts
made available under section 176A(a)(1) for each fiscal year
shall be made available for activities to be carried out in
rural areas.
``(ii) Tribal areas.--Not less than 5 percent of the
amounts made available under section 176A(a)(1) for each
fiscal year shall be made available for activities to be
carried out in tribal areas.
``(f) Program Priorities.--In allocating funds under this
section, the Secretary shall give priority to eligible
entities--
``(1) who propose to coordinate their activities--
``(A) with local or tribal employers; and
``(B) with agencies described in subsection (c)(2)(A)(i) to
ensure the summer youth employment programs provide clear
linkages to remedial, academic, and occupational programs
carried out by the agencies;
``(2) who propose a plan to increase private sector
engagement in, and job placement through, summer youth
employment; and
``(3) who have, in their counties, States, or tribal areas
(as compared to other counties in their State, other States,
or other tribal areas, respectively), a high level or rate
described in subsection (d)(1)(A)(iii).
``(g) Use of Funds.--
``(1) In general.--An eligible entity that receives a grant
under this section may use the grant funds for services
described in subsection (d).
``(2) Discretionary uses.--The eligible entity may also use
the funds--
``(A) to provide wages to eligible youth in subsidized
summer employment programs;
``(B) to provide eligible youth with support services,
including case management, child care assistance, child
support services, and transportation assistance; and
``(C) to develop data management systems to assist with
programming, evaluation, and records management.
``(3) Administration.--An eligible entity may reserve not
more than 10 percent of the grant funds for the
administration of activities under this section.
``(4) Carry-over authority.--Any amounts provided to an
eligible entity under this section for a fiscal year may, at
the discretion of the Secretary, remain available to that
entity for expenditure during the succeeding fiscal year to
carry out programs under this section.
``(h) Program Share.--
``(1) Planning grants.--The program share for a planning
grant awarded under this section shall be 100 percent of the
cost described in subsection (a)(2)(A).
``(2) Implementation grants.--
``(A) In general.--The program share for an implementation
grant awarded under this section shall be 50 percent of the
cost described in subsection (a)(2)(B).
``(B) Exception.--Notwithstanding subparagraph (A), the
Secretary--
``(i) may increase the program share for an eligible
entity; and
``(ii) shall increase the program share for an Indian tribe
or tribal organization to not less than 95 percent of the
cost described in subsection (a)(2)(B).
``(C) Non-program share.--The eligible entity may provide
the non-program share of the cost--
``(i) in cash or in-kind, fairly evaluated, including
plant, equipment, or services; and
``(ii) from State, local, tribal or private (including
philanthropic) sources and, in the case of an Indian tribe or
tribal organization, from Federal sources.
``SEC. 176C. YEAR-ROUND EMPLOYMENT COMPETITIVE GRANT PROGRAM.
``(a) In General.--
``(1) Grants.--Using the amounts made available under
176A(a)(2), the Secretary shall award, on a competitive
basis, planning and implementation grants.
``(2) General use of funds.--The Secretary shall award the
grants to assist eligible entities by paying for the program
share of the cost of--
``(A) in the case of a planning grant, planning a year-
round youth employment program to provide subsidized year-
round employment opportunities; and
``(B) in the case of an implementation grant,
implementation of such a program to provide such
opportunities.
``(b) Periods and Amounts of Grants.--The planning grants
shall have the periods and amounts described in section
176B(b)(1). The implementation grants shall have the periods
and grants described in section 176B(b)(2).
``(c) Eligible Entities.--
``(1) In general.--To be eligible to receive a planning or
implementation grant under this section, an entity shall,
except as provided in paragraph (2)--
``(A) be a--
``(i) State, local government, or Indian tribe or tribal
organization, that meets the requirements of section
176B(c)(2); or
``(ii) community-based organization that meets the
requirements of section 176B(c)(3); and
``(B) meet the requirements for a planning or
implementation grant, respectively, specified in section
176B(c)(4).
``(2) Year-round youth employment programs.--For purposes
of paragraph (1), any reference in section 176B(c)--
``(A) to a summer youth employment program shall be
considered to refer to a year-round youth employment program;
and
``(B) to a provision of section 176B shall be considered to
refer to the corresponding provision of this section.
``(d) Application.--
``(1) In general.--Except as provided in paragraph (2), an
eligible entity desiring to receive a grant under this
section for a year-round youth employment program shall
submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
require, including, at a minimum, each of the following:
``(A) With respect to an application for a planning or
implementation grant, the information and descriptions
specified in section 176B(d)(1)(A).
``(B) With respect to an application for a planning grant,
the descriptions specified in section 176B(d)(1)(B), except
that the description of an analysis for placing youth in
employment described in clause (iv)(II)(bb) of that section
shall cover employment that follows a schedule--
``(i) that consists of--
``(I) not more than 15 hours per week for in-school youth;
and
``(II) not less than 20 and not more than 40 hours per week
for out-of-school youth; and
``(ii) that depends on the needs and work-readiness level
of the population being served.
``(C) With respect to an application for an implementation
grant, the descriptions and evidence specified in section
176B(d)(1)(C)--
``(i) except that the reference in section 176(d)(1)(C)(ii)
to employment described in section 176B(d)(1)(B) shall cover
employment that follows the schedule described in
subparagraph (B); and
``(ii) except that the reference to programs in clause
(vii)(II)(aa) of that section shall be considered to refer
only to programs funded under the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2301 et seq.).
``(2) Indian tribe; tribal organizations.--An eligible
entity that is an Indian tribe or
[[Page S2457]]
tribal organization and desires to receive a grant under this
section for a year-round youth employment program may, in
lieu of submitting the application described in paragraph
(1), submit an application to the Secretary that meets such
requirements as the Secretary develops after consultation
with the tribe or organization.
``(3) Mentor.--For purposes of paragraph (1), any reference
in subparagraphs (B)(iv), (B)(v), and (C)(iv) of section
176B(d)(1) to a mentor shall be considered to refer to a
mentor who--
``(A) shall be an individual described in subparagraphs (A)
and (C) of section 176B(d)(3);
``(B) shall make contact with the eligible youth at least
twice each week; and
``(C) may be an individual described in section
176B(d)(3)(D).
``(4) Year-round employment.--For purposes of this
subsection, any reference in section 176B(d)--
``(A) to summer employment shall be considered to refer to
year-round employment; and
``(B) to a provision of section 176B shall be considered to
refer to the corresponding provision of this section.
``(e) Awards for Populations and Areas; Priorities.--
``(1) Populations.--The Secretary shall reserve, from the
amounts made available under section 176A(a)(2)--
``(A) 50 percent to award grants under this section for
planning or provision of subsidized year-round employment
opportunities for in-school youth; and
``(B) 50 percent to award such grants to plan for planning
or provision of such opportunities for out-of-school youth.
``(2) Areas; priorities.--In awarding the grants, the
Secretary shall--
``(A) carry out section 176B(e)(2); and
``(B) give priority to eligible entities--
``(i) who--
``(I) propose the coordination and plan described
paragraphs (1) and (2) of section 176B(f), with respect to
year-round youth employment; and
``(II) meet the requirements of section 176B(f)(3); or
``(ii) who--
``(I) propose a plan to coordinate activities with entities
carrying out State, local, or tribal summer youth employment
programs, to provide pathways to year-round employment for
eligible youth who are ending summer employment; and
``(II) meet the requirements of section 176B(f)(3).
``(f) Use of Funds.--An eligible entity that receives a
grant under this section may use the grant funds--
``(1) for services described in subsection (d);
``(2) as described in section 176B(g)(2), with respect to
year-round employment programs;
``(3) as described in section 176B(g)(3), with respect to
activities under this section; and
``(4) at the discretion of the Secretary, as described in
section 176B(g)(4), with respect to activities under this
section.
``(g) Program Share.--
``(1) Planning grants.--The provisions of section
176B(h)(1) shall apply to planning grants awarded under this
section, with respect to the cost described in subsection
(a)(2)(A).
``(2) Implementation grants.--The provisions of section
176B(h)(2) shall apply to implementation grants awarded under
this section, with respect to the cost described in
subsection (a)(2)(B).
``SEC. 176D. EVALUATION AND ADMINISTRATION.
``(a) Performance Measures.--
``(1) Establishment.--The Secretary shall establish
performance measures for purposes of annual reviews under
subsection (b).
``(2) Components.--The performance measures for the
eligible entities shall consist of--
``(A) the indicators of performance described in paragraph
(3); and
``(B) an adjusted level of performance for each indicator
described in subparagraph (A).
``(3) Indicators of performance.--
``(A) In general.--The indicators of performance shall
consist of--
``(i) the percentage of youth employment program
participants who are in education or training activities, or
in employment, during the second quarter after exit from the
program;
``(ii) the percentage of youth employment program
participants who are in education or training activities, or
in employment, during the fourth quarter after exit from the
program;
``(iii) the percentage of youth employment program
participants who obtain a recognized postsecondary
credential, or a secondary school diploma or its recognized
equivalent (subject to subparagraph (B)), during
participation in or within 1 year after exit from the
program; and
``(iv) the percentage of youth employment program
participants who, during a program year, are in a youth
employment program that includes an education or training
program that leads to an outcome specified by the Secretary,
which may include--
``(I) obtaining a recognized postsecondary credential or
employment; or
``(II) achieving measurable skill gains toward such a
credential or employment.
``(B) Indicator relating to credential.--For purposes of
subparagraph (A)(iii), youth employment program participants
who obtain a secondary school diploma or its recognized
equivalent shall be included in the percentage counted as
meeting the criterion under such subparagraph only if such
participants, in addition to obtaining such diploma or its
recognized equivalent, have obtained or retained employment
or are in a youth employment program that includes an
education or training program leading to a recognized
postsecondary credential within 1 year after exit from the
program.
``(4) Levels of performance.--
``(A) In general.--For each eligible entity, there shall be
established, in accordance with this paragraph, levels of
performance for each of the corresponding indicators of
performance described in paragraph (3).
``(B) Identification in application.--Each eligible entity
shall identify, in the application submitted under subsection
(d) of section 176B or 176C, expected levels of performance
for each of those indicators of performance for each program
year covered by the application.
``(C) Agreement on adjusted levels of performance.--The
eligible entity shall reach agreement with the Secretary on
levels of performance for each of those indicators of
performance for each such program year. The levels agreed to
shall be considered to be the adjusted levels of performance
for the eligible entity for such program years and shall be
incorporated into the application prior to the approval of
such application.
``(b) Annual Review.--The Secretary shall carry out an
annual review of each eligible entity receiving a grant under
this subtitle. In conducting the review, the Secretary shall
review the performance of the entity on the performance
measures under this section and determine if the entity has
used any practices that shall be considered best practices
for purposes of this subtitle.
``(c) Report to Congress.--
``(1) Preparation.--The Secretary shall prepare a report on
the grant programs established by this subtitle, which report
shall include a description of--
``(A) the eligible entities receiving funding under this
subtitle;
``(B) the activities carried out by the eligible entities;
``(C) how the eligible entities were selected to receive
funding under this subtitle; and
``(D) an assessment of the results achieved by the grant
programs including findings from the annual reviews conducted
under subsection (b).
``(2) Submission.--Not later than 3 years after the date of
enactment of the Creating Pathways for Youth Employment Act,
and annually thereafter, the Secretary shall submit a report
described in paragraph (1) to the appropriate committees of
Congress.
``(d) Application to Indian Tribes and Tribal
Organizations.--The Secretary may issue regulations that
clarify the application of all the provisions of this
subtitle to Indian tribes and tribal organizations.
``SEC. 176E. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated--
``(1) to carry out section 176B, $300,000,000 for each of
fiscal years 2022 through 2026; and
``(2) to carry out section 176C, $400,000,000 for each of
fiscal years 2022 through 2026.''.
SEC. 3. CONFORMING AMENDMENTS.
(a) References.--
(1) Section 121(b)(1)(C)(ii)(II) of the Workforce
Investment and Opportunity Act (29 U.S.C.
3152(b)(1)(C)(ii)(II)) is amended by striking ``subtitles C
through E'' and inserting ``subtitles C through F''.
(2) Section 503(b) of such Act (29 U.S.C. 3343(b)) is
amended by inserting before the period the following: ``(as
such subtitles were in effect on the day before the date of
enactment of this Act)''.
(b) Table of Contents.--The table of contents in section
1(b) of such Act is amended by striking the item relating to
the subtitle heading for subtitle E of title I and inserting
the following:
``Subtitle E--Youth Employment Opportunities
``Sec. 176. Definitions.
``Sec. 176A. Allocation of funds.
``Sec. 176B. Summer employment competitive grant program.
``Sec. 176C. Year-round employment competitive grant program.
``Sec. 176D. Evaluation and administration.
``Sec. 176E. Authorization of appropriations.''.
____________________