Page 639 TITLE 29—LABOR § 1632

1So in original. Probably should be followed by a comma.

allocate to Guam, the Virgin Islands, American

Samoa, the Federated States of Micronesia, the

Republic of the Marshall Islands, Palau, the

Commonwealth of the Northern Mariana Islands, and entities eligible under section 1671 of

this title the same percentage of funds as were

available to such areas and entities for the summer youth program in the fiscal year preceding

the fiscal year for which the determination is

made.

(b) Use of part C formula for allotment and allocation

The remainder of funds appropriated under

section 1502(a)(2) of this title shall, for each fiscal year, be allotted among States and allocated

among service delivery areas in accordance with

section 1642 of this title, except that no portion

of such funds shall be reserved to carry out subsection (a)(1) or (c) of such section.

(Pub. L. 97–300, title II, §252, as added Pub. L.

102–367, title II, §204, Sept. 7, 1992, 106 Stat. 1061.)

PRIOR PROVISIONS

A prior section 1631, Pub. L. 97–300, title II, §252, formerly §251, Oct. 13, 1982, 96 Stat. 1364; renumbered §252

and amended Pub. L. 99–496, §§5(b), 8(a)(1), Oct. 16, 1986,

100 Stat. 1262, 1263, related to allotment of funding for

summer youth employment and training programs,

prior to repeal by Pub. L. 102–367, title II, §201, title

VII, §701(a), Sept. 7, 1992, 106 Stat. 1052, 1103, effective

July 1, 1993.

A prior section 252 of Pub. L. 97–300 was renumbered

section 253 and classified to section 1632 of this title,

prior to repeal by Pub. L. 102–367, title II, §201, Sept. 7,

1992, 106 Stat. 1052.

EFFECTIVE DATE

Section effective July 1, 1993, see section 701(a) of

Pub. L. 102–367 set out as an Effective Date of 1992

Amendment; Transition Provisions note under section

1501 of this title.

§ 1632. Use of funds

(a) In general

Funds available under this part may be used

for—

(1) basic and remedial education, academic

enrichment 1 institutional and on-the-job

training, work experience programs, youth

corps programs, employment counseling, occupational training, preparation for work, outreach and enrollment activities, employability

assessment, job referral and placement, job

search assistance and job club activities, activities under programs described in section

1645(b) of this title, and any other employment

or job training activity designed to give employment to eligible individuals or prepare the

individuals for, and place the individuals in,

employment;

(2) supportive services necessary to enable

such individuals to participate in the program;

and

(3) administrative costs, not to exceed 15

percent of the funds available under this part.

(b) Basic and remedial education

(1) In general

A service delivery area shall expend funds

(available under this chapter or otherwise

available to the service delivery area) for

basic and remedial education and training as

described in the job training plan under section 1514 of this title.

(2) Education or training

The education and training authorized by

paragraph (1) may be provided by—

(A) the year-round program under part C

of this subchapter;

(B) the Job Corps;

(C) Repealed. Pub. L. 104–193, title I,

§110(n)(8)(A), Aug. 22, 1996, 110 Stat. 2174;

(D) youth corps programs;

(E) alternative or secondary schools; or

(F) other education and training programs.

(c) Assessment and service strategy

(1) Assessment

(A) In general

Except as provided in subparagraph (B),

the programs under this part shall include

an objective assessment of the basic skills

and supportive services needs of each participant, which may include a review of occupational skills, prior work experience, employability, interests, and aptitudes.

(B) Recent assessment

A new assessment, or a factor of such assessment, of a participant is not required if

the program determines it is appropriate to

use a recent assessment of the participant

conducted pursuant to another education or

training program (such as a regular high

school academic program).

(2) Service strategy

(A) In general

Except as provided in subparagraph (B),

the programs under this part shall include a

service strategy for participants, which may

identify achievement objectives, appropriate

employment goals, and appropriate services

for participants, taking into account the assessments conducted under paragraph (1).

(B) Recent service strategy

A new service strategy for a participant is

not required if the program determines it is

appropriate to use a recent service strategy

developed for the participant under another

education or training program (such as a

regular high school academic program).

(3) Basic education and preemployment training

The programs under this part shall provide,

either directly or through arrangements with

other programs, each of the following services

to a participant where the assessment and the

service strategy indicate such services are appropriate:

(A) Basic and Remedial Education.

(B) Preemployment and Work Maturity

Skills Training.

(4) Integration of work and learning

(A) Work experience

Work experience provided under this part,

to the extent feasible, shall include contextual learning opportunities which integrate
§ 1633 TITLE 29—LABOR Page 640

1So in original. Probably should be ‘‘(d)’’.

the development of general competencies

with the development of academic skills.

(B) Classroom training

Classroom training provided under this

part shall, to the extent feasible, include opportunities to apply knowledge and skills relating to academic subjects to the world of

work.

(d) Followup services

Service delivery areas shall make followup

services available for participants if the service

strategy indicates such services are appropriate.

(e) Educational linkages

In conducting the program assisted under this

part, service delivery areas shall establish linkages with the appropriate educational agencies

responsible for service to participants. Such

linkages shall include arrangements to ensure

that there is a regular exchange of information

relating to the progress, problems and needs of

participants, including the results of assessments of the skill levels of participants.

(Pub. L. 97–300, title II, §253, as added Pub. L.

102–367, title II, §204, Sept. 7, 1992, 106 Stat. 1061;

amended Pub. L. 103–227, title X,

§1016(a)(1)–(2)(B), Mar. 31, 1994, 108 Stat. 267; Pub.

L. 104–193, title I, §110(n)(8), Aug. 22, 1996, 110

Stat. 2174.)

PRIOR PROVISIONS

A prior section 1632, Pub. L. 97–300, title II, §253, formerly §252, Oct. 13, 1982, 96 Stat. 1364; renumbered §253

and amended Pub. L. 99–496, §8(a)(1), (b), Oct. 16, 1986,

100 Stat. 1263, related to use of funds for summer youth

employment and training programs, prior to repeal by

Pub. L. 102–367, title II, §201, title VII, §701(a), Sept. 7,

1992, 106 Stat. 1052, 1103, effective July 1, 1993.

A prior section 253 of Pub. L. 97–300 was renumbered

section 254 and classified to section 1633 of this title,

prior to repeal by Pub. L. 102–367, title II, §201, Sept. 7,

1992, 106 Stat. 1052.

AMENDMENTS

1996—Subsec. (b)(2)(C). Pub. L. 104–193, §110(n)(8)(A),

struck out subpar. (C) which read as follows: ‘‘the JOBS

program;’’.

Subsec. (c)(1)(B), (2)(B). Pub. L. 104–193, §110(n)(8)(B),

struck out ‘‘the JOBS program or’’ before ‘‘a regular

high school academic program).’’

1994—Subsec. (a)(1). Pub. L. 103–227, §1016(a)(1), inserted ‘‘academic enrichment’’ after ‘‘remedial education,’’.

Subsec. (c)(3), (4). Pub. L. 103–227, §1016(a)(2)(A), added

pars. (3) and (4).

Subsec. (e). Pub. L. 103–227, §1016(a)(2)(B), added subsec. (e).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104–193 effective July 1, 1997,

with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and

proceedings commenced before such date, rules relating

to closing out of accounts for terminated or substantially modified programs and continuance in office of

Assistant Secretary for Family Support, and provisions

relating to termination of entitlement under AFDC

program, see section 116 of Pub. L. 104–193, as amended,

set out as an Effective Date note under section 601 of

Title 42, The Public Health and Welfare.

EFFECTIVE DATE

Section effective July 1, 1993, see section 701(a) of

Pub. L. 102–367 set out as an Effective Date of 1992

Amendment; Transition Provisions note under section

1501 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1503, 1633 of this

title.

§ 1633. Limitations

(a) Use during summer months or equivalent vacation period

(1) Summer months

Except as provided in paragraph (2), programs under this part shall be conducted during the summer months.

(2) Vacation period

A service delivery area may, within the jurisdiction of any local educational agency that

operates schools on a year-round, full-time

basis, offer the programs under this part to

participants during a vacation period treated

as the equivalent of a summer vacation.

(b) Eligibility

An individual shall be eligible to participate

in the program assisted under this part if such

individual—

(1) is age 14 through 21; and

(2)(A) is economically disadvantaged; or

(B) has been determined to meet the eligibility requirements for free meals under the

National School Lunch Act (42 U.S.C. 1751 et

seq.) during the most recent school year.

(c) Concurrent enrollment

(1) In general

An eligible individual participating in a program assisted under this part may concurrently be enrolled in programs under part C of

this subchapter. Appropriate adjustment to

the youth performance standards (regarding

attainment of competencies) under paragraphs

(4)(A)(i) and (5) of section 1516(b) of this title

shall be made to reflect the limited period of

participation.

(2) Concurrent enrollment and transfers

Youth being served under this part or part C

youth programs are not required to be terminated from participation in one program in

order to enroll in the other. The Secretary

shall provide guidance to service delivery

areas on simplified procedures for concurrent

enrollment and transfers for youth from one

program to the other.

(c) 1 Prohibition on private actions

Nothing in this part shall be construed to establish a right for a participant to bring an action to obtain services described in the assessment or service strategy developed under section 1632(c) of this title.

(Pub. L. 97–300, title II, §254, as added Pub. L.

102–367, title II, §204, Sept. 7, 1992, 106 Stat. 1062;

amended Pub. L. 103–227, title X, §1016(a)(2)(C),

Mar. 31, 1994, 108 Stat. 268.)

REFERENCES IN TEXT

The National School Lunch Act, referred to in subsec.

(b)(2)(B), is act June 4, 1946, ch. 281, 60 Stat. 230, as