Part D - Youth Activities

29 USC 2851 - General authorization

The Secretary shall make an allotment under section 2852 (b)(1)(C) of this title to each State that meets the requirements of section 2822 of this title and a grant to each outlying area that complies with the requirements of this chapter, to assist the State or outlying area, and to enable the State or outlying area to assist local areas, for the purpose of providing workforce investment activities for eligible youth in the State or outlying area and in the local areas.

29 USC 2852 - State allotments

(a) In general 
The Secretary shall
(1) for each fiscal year in which the amount appropriated under section 2872 (a) of this title exceeds $1,000,000,000, reserve a portion determined under subsection (b)(1)(A) of this section of the amount appropriated under section 2872 (a) of this title for use under sections 2912 (relating to migrant and seasonal farmworker programs) and 2914 (relating to youth opportunity grants) of this title; and
(2) use the remainder of the amount appropriated under section 2872 (a) of this title for a fiscal year to make allotments and grants in accordance with subparagraphs (B) and (C) of subsection (b)(1) of this section and make funds available for use under section 2911 of this title (relating to Native American programs).
(b) Allotment among States 

(1) Youth activities 

(A) Youth opportunity grants 

(i) In general For each fiscal year in which the amount appropriated under section 2872 (a) of this title exceeds $1,000,000,000, the Secretary shall reserve a portion of the amount to provide youth opportunity grants and other activities under section 2914 of this title (relating to youth opportunity grants) and provide youth activities under section 2912 of this title (relating to migrant and seasonal farmworker programs).
(ii) Portion The portion referred to in clause (i) shall equal, for a fiscal year
(I) except as provided in subclause (II), the difference obtained by subtracting $1,000,000,000 from the amount appropriated under section 2872 (a) of this title for the fiscal year; or
(II) for any fiscal year in which the amount is $1,250,000,000 or greater, $250,000,000.
(iii) Youth activities for farmworkers From the portion described in clause (i) for a fiscal year, the Secretary shall make available 4 percent of such portion to provide youth activities under section 2912 of this title.
(iv) Role model academy project From the portion described in clause (i) for fiscal year 1999, the Secretary shall make available such sums as the Secretary determines to be appropriate to carry out section 2914 (g) of this title.
(B) Outlying areas 

(i) In general From the amount made available under subsection (a)(2) of this section for a fiscal year, the Secretary shall reserve not more than 1/4 of 1 percent of the amount appropriated under section 2872 (a) of this title for the fiscal year
(I) to provide assistance to the outlying areas to carry out youth activities and statewide workforce investment activities; and
(II) for each of fiscal years 1999, 2000, and 2001, to carry out the competition described in clause (ii), except that the funds reserved to carry out such clause for any such fiscal year shall not exceed the amount reserved for the Freely Associated States for fiscal year 1997, from amounts reserved under sections 252(a) and 262(a)(1) of the Job Training Partnership Act (as in effect on the day before August 7, 1998).
(ii) Limitation for Freely Associated States
(I) Competitive grants The Secretary shall use funds described in clause (i)(II) to award grants to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Freely Associated States to carry out youth activities and statewide workforce investment activities.
(II) Award basis The Secretary shall award grants pursuant to subclause (I) on a competitive basis and pursuant to the recommendations of experts in the field of employment and training, working through the Pacific Region Educational Laboratory in Honolulu, Hawaii.
(III) Assistance requirements Any Freely Associated State that desires to receive assistance under this subparagraph shall submit an application to the Secretary and shall include in the application for assistance
(aa) information demonstrating that the Freely Associated State will meet all conditions that apply to States under this chapter;
(bb) an assurance that, notwithstanding any other provision of this chapter, the Freely Associated State will use such assistance only for the direct provision of services; and
(cc) such other information and assurances as the Secretary may require.
(IV) Termination of eligibility Notwithstanding any other provision of law, the Freely Associated States shall not receive any assistance under this subparagraph for any program year that begins after September 30, 2001.
(V) Administrative costs The Secretary may provide not more than 5 percent of the funds made available for grants under subclause (I) to pay the administrative costs of the Pacific Region Educational Laboratory in Honolulu, Hawaii, regarding activities assisted under this clause.
(iii) Additional requirement The provisions of Public Law 95134, permitting the consolidation of grants by the outlying areas, shall not apply to assistance provided to those areas, including the Freely Associated States, under this subparagraph.
(C) States 

(i) In general After determining the amounts to be reserved under subparagraph (A) (if any) and subparagraph (B), the Secretary shall
(I) from the amount referred to in subsection (a)(2) of this section for a fiscal year, make available not more than 1.5 percent to provide youth activities under section 2911 of this title (relating to Native Americans); and
(II) allot the remainder of the amount referred to in subsection (a)(2) of this section for a fiscal year to the States pursuant to clause (ii) for youth activities and statewide workforce investment activities.
(ii) Formula Subject to clauses (iii) and (iv), of the remainder
(I) 331/3 percent shall be allotted on the basis of the relative number of unemployed individuals in areas of substantial unemployment in each State, compared to the total number of unemployed individuals in areas of substantial unemployment in all States;
(II) 331/3 percent shall be allotted on the basis of the relative excess number of unemployed individuals in each State, compared to the total excess number of unemployed individuals in all States; and
(III) 331/3 percent shall be allotted on the basis of the relative number of disadvantaged youth in each State, compared to the total number of disadvantaged youth in all States, except as described in clause (iii).
(iii) Calculation In determining an allotment under clause (ii)(III) for any State in which there is a local area designated under section 2831 (a)(2)(B) of this title (relating to the area served by a rural concentrated employment program grant recipient), the allotment shall be based on the higher of
(I) the number of individuals who are age 16 through 21 in families with an income below the low-income level in such area; or
(II) the number of disadvantaged youth in such area.
(iv) Minimum and maximum percentages and minimum allotments In making allotments under this subparagraph, the Secretary shall ensure the following:
(I) Minimum percentage and allotment Subject to subclause (IV), the Secretary shall ensure that no State shall receive an allotment for a fiscal year that is less than the greater of
(aa) an amount based on 90 percent of the allotment percentage of the State for the preceding fiscal year; or
(bb) 100 percent of the total of the allotments of the State under sections 252 and 262 of the Job Training Partnership Act (as in effect on the day before August 7, 1998) for fiscal year 1998.
(II) Small State minimum allotment Subject to subclauses (I), (III), and (IV), the Secretary shall ensure that no State shall receive an allotment under this subparagraph that is less than the total of
(aa) 3/10 of 1 percent of $1,000,000,000 of the remainder described in clause (i)(II) for the fiscal year; and
(bb) if the remainder described in clause (i)(II) for the fiscal year exceeds $1,000,000,000, 2/5 of 1 percent of the excess.
(III) Maximum percentage Subject to subclause (I), the Secretary shall ensure that no State shall receive an allotment percentage for a fiscal year that is more than 130 percent of the allotment percentage of the State for the preceding fiscal year.
(IV) Minimum funding In any fiscal year in which the remainder described in clause (i)(II) does not exceed $1,000,000,000, the minimum allotments under subclauses (I) and (II) shall be calculated by the methodology for calculating the corresponding allotments under parts B and C of title II of the Job Training Partnership Act, as in effect on July 1, 1998.
(2) Definitions 
For the purpose of the formula specified in paragraph (1)(C):
(A) Allotment percentage 
The term allotment percentage, used with respect to fiscal year 2000 or a subsequent fiscal year, means a percentage of the remainder described in paragraph (1)(C)(i)(II) that is received through an allotment made under paragraph (1)(C) for the fiscal year. The term, used with respect to fiscal year 1998 or 1999, means the percentage of the amounts allotted to States under sections 252(b) and 262(a) of the Job Training Partnership Act (as in effect on the day before August 7, 1998) that is received under such sections by the State involved for fiscal year 1998 or 1999.
(B) Area of substantial unemployment 
The term area of substantial unemployment means any area that is of sufficient size and scope to sustain a program of workforce investment activities carried out under this subchapter and that has an average rate of unemployment of at least 6.5 percent for the most recent 12 months, as determined by the Secretary. For purposes of this subparagraph, determinations of areas of substantial unemployment shall be made once each fiscal year.
(C) Disadvantaged youth 
Subject to paragraph (3), the term disadvantaged youth means an individual who is age 16 through 21 who received an income, or is a member of a family that received a total family income, that, in relation to family size, does not exceed the higher of
(i) the poverty line; or
(ii) 70 percent of the lower living standard income level.
(D) Excess number 
The term excess number means, used with respect to the excess number of unemployed individuals within a State, the higher of
(i) the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in the State; or
(ii) the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in areas of substantial unemployment in such State.
(E) Low-income level 
The term low-income level means $7,000 with respect to income in 1969, and for any later year means that amount that bears the same relationship to $7,000 as the Consumer Price Index for that year bears to the Consumer Price Index for 1969, rounded to the nearest $1,000.
(3) Special rule 
For the purpose of the formula specified in paragraph (1)(C), the Secretary shall, as appropriate and to the extent practicable, exclude college students and members of the Armed Forces from the determination of the number of disadvantaged youth.
(4) Definition 
In this subsection, the term Freely Associated State means the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.
(c) Reallotment 

(1) In general 
The Secretary shall, in accordance with this subsection, reallot to eligible States amounts that are allotted under this section for youth activities and statewide workforce investment activities and that are available for reallotment.
(2) Amount 
The amount available for reallotment for a program year is equal to the amount by which the unobligated balance of the State allotment under this section for such activities, 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 allotment for the prior program year.
(3) Reallotment 
In making reallotments to eligible States of amounts available pursuant to paragraph (2) for a program year, the Secretary shall allot to each eligible State an amount based on the relative amount allotted to such State under this section for such activities for the prior program year, as compared to the total amount allotted to all eligible States under this section for such activities for such prior program year.
(4) Eligibility 
For purposes of this subsection, an eligible State means a State that has obligated at least 80 percent of the State allotment under this section for such activities for the program year prior to the program year for which the determination under paragraph (2) is made.
(5) Procedures 
The Governor of each State shall prescribe uniform procedures for the obligation of funds by local areas within the State in order to avoid the requirement that funds be made available for reallotment under this subsection. The Governor shall further prescribe equitable procedures for making funds available from the State and local areas in the event that a State is required to make funds available for reallotment under this subsection.

29 USC 2853 - Within State allocations

(a) Reservations for State activities 

(1) In general 
The Governor of a State shall reserve not more than 15 percent of each of the amounts allotted to the State under section 2852 (b)(1)(C) of this title and paragraphs (1)(B) and (2)(B) of section 2862 (b) of this title for a fiscal year for statewide workforce investment activities.
(2) Use of funds 
Regardless of whether the reserved amounts were allotted under section 2852 (b)(1)(C) of this title, or under paragraph (1)(B) or (2)(B) of section 2862 (b) of this title, the Governor may use the reserved amounts to carry out statewide youth activities described in section 2854 (b) of this title or statewide employment and training activities, for adults or for dislocated workers, described in paragraph (2)(B) or (3) of section 2864 (a) of this title.
(b) Within State allocation 

(1) Methods 
The Governor, acting in accordance with the State plan, and after consulting with chief elected officials in the local areas, shall allocate the funds that are allotted to the State for youth activities and statewide workforce investment activities under section 2852 (b)(1)(C) of this title and are not reserved under subsection (a) of this section, in accordance with paragraph (2) or (3).
(2) Formula allocation 

(A) Youth activities 

(i) Allocation In allocating the funds described in paragraph (1) to local areas, a State may allocate
(I) 331/3 percent of the funds on the basis described in section 2852 (b)(1)(C)(ii)(I) of this title;
(II) 331/3 percent of the funds on the basis described in section 2852 (b)(1)(C)(ii)(II) of this title; and
(III) 331/3 percent of the funds on the basis described in clauses (ii)(III) and (iii) of section 2852 (b)(1)(C) of this title.
(ii) Minimum percentage Effective at the end of the second full fiscal year after the date on which a local area is designated under section 2831 of this title, the local area shall not receive an allocation percentage for a fiscal year that is less than 90 percent of the average allocation percentage of the local area for the 2 preceding fiscal years. Amounts necessary for increasing such allocations to local areas to comply with the preceding sentence shall be obtained by ratably reducing the allocations to be made to other local areas under this subparagraph.
(iii) Definition The term allocation percentage, used with respect to fiscal year 2000 or a subsequent fiscal year, means a percentage of the funds referred to in clause (i), received through an allocation made under this subparagraph, for the fiscal year.
(B) Application 
For purposes of carrying out subparagraph (A)
(i) references in section 2852 (b) of this title to a State shall be deemed to be references to a local area;
(ii) references in section 2852 (b) of this title to all States shall be deemed to be references to all local areas in the State involved; and
(iii) except as described in clause (i), references in section 2852 (b)(1) of this title to the term excess number shall be considered to be references to the term as defined in section 2852 (b)(2) of this title.
(3) Youth discretionary allocation 
In lieu of making the allocation described in paragraph (2)(A), in allocating the funds described in paragraph (1) to local areas, a State may distribute
(A) a portion equal to not less than 70 percent of the funds in accordance with paragraph (2)(A); and
(B) the remaining portion of the funds on the basis of a formula that
(i) incorporates additional factors (other than the factors described in paragraph (2)(A)) relating to
(I) excess youth poverty in urban, rural, and suburban local areas; and
(II) excess unemployment above the State average in urban, rural, and suburban local areas; and
(ii) was developed by the State board and approved by the Secretary as part of the State plan.
(4) Limitation 

(A) In general 
Of the amount allocated to a local area under this subsection and section 2863 (b) of this title for a fiscal year, not more than 10 percent of the amount may be used by the local board for the administrative cost of carrying out local workforce investment activities described in subsection (d) or (e) of section 2864 of this title or in section 2854 (c) of this title.
(B) Use of funds 
Funds made available for administrative costs under subparagraph (A) may be used for the administrative cost of any of the local workforce investment activities described in subsection (d) or (e) of section 2864 of this title or in section 2854 (c) of this title, regardless of whether the funds were allocated under this subsection or section 2863 (b) of this title.
(C) Regulations 
The Secretary, after consulting with the Governors, shall develop and issue regulations that define the term administrative cost for purposes of this chapter. Such definition shall be consistent with generally accepted accounting principles.
(c) Reallocation among local areas 

(1) In general 
The Governor may, in accordance with this subsection, reallocate to eligible local areas within the State amounts that are allocated under paragraph (2)(A) or (3) of subsection (b) of this section for youth activities and that are available for reallocation.
(2) Amount 
The amount available for reallocation for a program year is equal to the amount by which the unobligated balance of the local area allocation under paragraph (2)(A) or (3) of subsection (b) of this section for such activities, 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.
(3) Reallocation 
In making reallocations to eligible local areas of amounts available pursuant to paragraph (2) for a program year, the Governor shall allocate to each eligible local area within the State an amount based on the relative amount allocated to such local area under subsection (b)(3) of this section for such activities for the prior program year, as compared to the total amount allocated to all eligible local areas in the State under subsection (b)(3) of this section for such activities for such prior program year. For purposes of this paragraph, local areas that received allocations under subsection (b)(2)(A) of this section for the prior program year shall be treated as if the local areas received allocations under subsection (b)(3) of this section for such year.
(4) Eligibility 
For purposes of this subsection, an eligible local area means a local area that has obligated at least 80 percent of the local area allocation under paragraph (2)(A) or (3) of subsection (b) of this section for such activities, for the program year prior to the program year for which the determination under paragraph (2) is made.

29 USC 2854 - Use of funds for youth activities

(a) Purposes 
The purposes of this section are
(1) to provide, to eligible youth seeking assistance in achieving academic and employment success, effective and comprehensive activities, which shall include a variety of options for improving educational and skill competencies and provide effective connections to employers;
(2) to ensure on-going mentoring opportunities for eligible youth with adults committed to providing such opportunities;
(3) to provide opportunities for training to eligible youth;
(4) to provide continued supportive services for eligible youth;
(5) to provide incentives for recognition and achievement to eligible youth; and
(6) to provide opportunities for eligible youth in activities related to leadership, development, decisionmaking, citizenship, and community service.
(b) Statewide youth activities 

(1) In general 
Funds reserved by a Governor for a State as described in sections 2853 (a) and 2863 (a)(1) of this title
(A) shall be used to carry out the statewide youth activities described in paragraph (2); and
(B) may be used to carry out any of the statewide youth activities described in paragraph (3),

regardless of whether the funds were allotted to the State under section 2852 (b)(1) of this title or under paragraph (1) or (2) of section 2862 (b) of this title.

(2) Required statewide youth activities 
A State shall use funds reserved as described in sections 2853 (a) and 2863 (a)(1) of this title (regardless of whether the funds were allotted to the State under section 2852 (b)(1) of this title or paragraph (1) or (2) of section 2862 (b) of this title) to carry out statewide youth activities, which shall include
(A) disseminating a list of eligible providers of youth activities described in section 2843 of this title;
(B) carrying out activities described in clauses (ii) through (vi) of section 2864 (a)(2)(B) of this title, except that references in such clauses to activities authorized under section 2864 of this title shall be considered to be references to activities authorized under this section; and
(C) providing additional assistance to local areas that have high concentrations of eligible youth to carry out the activities described in subsection (c) of this section.
(3) Allowable statewide youth activities 
A State may use funds reserved as described in sections 2853 (a) and 2863 (a)(1) of this title (regardless of whether the funds were allotted to the State under section 2852 (b)(1) of this title or paragraph (1) or (2) of section 2862 (b) of this title) to carry out additional statewide youth activities, which may include
(A) carrying out activities described in clauses (i), (ii), (iii), (iv)(II), and (vi)(II) of section 2864 (a)(3)(A) of this title, except that references in such clauses to activities authorized under section 2864 of this title shall be considered to be references to activities authorized under this section; and
(B) carrying out, on a statewide basis, activities described in subsection (c) of this section.
(4) Prohibition 
No funds described in this subsection or section 2864 (a) of this title shall be used to develop or implement education curricula for school systems in the State.
(c) Local elements and requirements 

(1) Program design 
Funds allocated to a local area for eligible youth under paragraph (2)(A) or (3), as appropriate, of section 2853 (b) of this title shall be used to carry out, for eligible youth, programs that
(A) provide an objective assessment of the academic levels, skill levels, and service needs of each participant, which assessment shall include a review of basic skills, occupational skills, prior work experience, employability, interests, aptitudes (including interests and aptitudes for nontraditional jobs), supportive service needs, and developmental needs of such participant, except that a new assessment of a participant is not required if the provider carrying out such a program determines it is appropriate to use a recent assessment of the participant conducted pursuant to another education or training program;
(B) develop service strategies for each participant that shall identify an employment goal (including, in appropriate circumstances, nontraditional employment), appropriate achievement objectives, and appropriate services for the participant taking into account the assessment conducted pursuant to subparagraph (A), except that a new service strategy for a participant is not required if the provider carrying out such a program determines it is appropriate to use a recent service strategy developed for the participant under another education or training program; and
(C) provide
(i) preparation for postsecondary educational opportunities, in appropriate cases;
(ii) strong linkages between academic and occupational learning;
(iii) preparation for unsubsidized employment opportunities, in appropriate cases; and
(iv) effective connections to intermediaries with strong links to
(I) the job market; and
(II) local and regional employers.
(2) Program elements 
The programs described in paragraph (1) shall provide elements consisting of
(A) tutoring, study skills training, and instruction, leading to completion of secondary school, including dropout prevention strategies;
(B) alternative secondary school services, as appropriate;
(C) summer employment opportunities that are directly linked to academic and occupational learning;
(D) as appropriate, paid and unpaid work experiences, including internships and job shadowing;
(E) occupational skill training, as appropriate;
(F) leadership development opportunities, which may include community service and peer-centered activities encouraging responsibility and other positive social behaviors during non-school hours, as appropriate;
(G) supportive services;
(H) adult mentoring for the period of participation and a subsequent period, for a total of not less than 12 months;
(I) followup services for not less than 12 months after the completion of participation, as appropriate; and
(J) comprehensive guidance and counseling, which may include drug and alcohol abuse counseling and referral, as appropriate.
(3) Additional requirements 

(A) Information and referrals 
Each local board shall ensure that each participant or applicant who meets the minimum income criteria to be considered an eligible youth shall be provided
(i) 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 receiving funds under this subchapter; and
(ii) referral to appropriate training and educational programs that have the capacity to serve the participant or applicant either on a sequential or concurrent basis.
(B) Applicants not meeting enrollment requirements 
Each eligible provider of a program of youth activities shall ensure that an eligible applicant who does not meet the enrollment requirements of the particular program or who cannot be served shall be referred for further assessment, as necessary, and referred to appropriate programs in accordance with subparagraph (A) to meet the basic skills and training needs of the applicant.
(C) Involvement in design and implementation 
The local board shall ensure that parents, participants, and other members of the community with experience relating to programs for youth are involved in the design and implementation of the programs described in paragraph (1).
(4) Priority 

(A) In general 
At a minimum, 30 percent of the funds described in paragraph (1) shall be used to provide youth activities to out-of-school youth.
(B) Exception 
A State that receives a minimum allotment under section 2852 (b)(1) of this title in accordance with section 2852 (b)(1)(C)(iv)(II) of this title or under section 2862 (b)(1) of this title in accordance with section 2862 (b)(1)(B)(iv)(II) of this title may reduce the percentage described in subparagraph (A) for a local area in the State, if
(i) after an analysis of the eligible youth population in the local area, the State determines that the local area will be unable to meet the percentage described in subparagraph (A) due to a low number of out-of-school youth; and
(ii) 
(I) the State submits to the Secretary, for the local area, a request including a proposed reduced percentage for purposes of subparagraph (A), and the summary of the eligible youth population analysis; and
(II) the request is approved by the Secretary.
(5) Exceptions 
Not more than 5 percent of participants assisted under this section in each local area may be individuals who do not meet the minimum income criteria to be considered eligible youth, if such individuals are within one or more of the following categories:
(A) Individuals who are school dropouts.
(B) Individuals who are basic skills deficient.
(C) Individuals with educational attainment that is one or more grade levels below the grade level appropriate to the age of the individuals.
(D) Individuals who are pregnant or parenting.
(E) Individuals with disabilities, including learning disabilities.
(F) Individuals who are homeless or runaway youth.
(G) Individuals who are offenders.
(H) Other eligible youth who face serious barriers to employment as identified by the local board.
(6) Prohibitions 

(A) Prohibition against Federal control of education 
No provision of this Act shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution, school, or school system, or over the selection of library resources, textbooks, or other printed or published instructional materials by any educational institution, school, or school system.
(B) Nonduplication 
All of the funds made available under this Act shall be used in accordance with the requirements of this Act. None of the funds made available under this Act may be used to provide funding under the School-to-Work Opportunities Act of 1994 (20 U.S.C. 6101 et seq.) or to carry out, through programs funded under this Act, activities that were funded under the School-to-Work Opportunities Act of 1994, unless the programs funded under this Act serve only those participants eligible to participate in the programs under this Act.
(C) Noninterference and nonreplacement of regular academic requirements 
No funds described in paragraph (1) shall be used to provide an activity for eligible youth who are not school dropouts if participation in the activity would interfere with or replace the regular academic requirements of the youth.
(7) Linkages 
In coordinating the programs authorized under this section, youth councils shall establish linkages with educational agencies responsible for services to participants as appropriate.
(8) Volunteers 
The local board shall make opportunities available for individuals who have successfully participated in programs carried out under this section to volunteer assistance to participants in the form of mentoring, tutoring, and other activities.