Chapter 21

COL12010619GCA PERSONAL RELATIO NS CH.21SUMMER EMPLOYMENT AND TRAINING PROGRAMS FOR YOUT H 1CHAPTER 21 SUMMER EMPLOYMENT AND TRAINI NG PROGRAMS FOR YOUTH § 21101. Short Title. § 21102. Legislative Intent. § 21103. Authorization of Appropriations. § 21104. Definitions. § 21105. Establishment of a T arget Population and Provi sions of Equitable S ervices Thereto. § 21106. Eligibility for Services. § 21107. Use of Funds. § 21108. Limitations. § 21109. Guam Council on Y outh Affairs. § 21110. Summer Y outh Employment Plan. § 21111. Performance Standards. § 21112. Limitation on Certain Cost. § 21113. Basic Program Design Requirements. § 21114. Benefits. § 21115. Labor Standards. § 21116. Worksite Standards. § 21117. Selection of Service Providers. § 21118. Prevention of Fraud and Program Abuse. § 21119. Cooperation of Educational Institution s. NOTE: This Chapter was enacted into law by P .L. 17 -69:1 as Govern ment Code §§ 26600 -26618, and renumbered by the Com piler. § 21101. Short Title . This Chapter may be cited as the Summer Y outh Employment and Training Act. § 21102. Legislative Intent .

as Govern ment Code §§ 26600 -26618, and renumbered by the Com piler. § 21101. Short Title . This Chapter may be cited as the Summer Y outh Employment and Training Act. § 21102. Legislative Intent . In assessing the Territory's potential for economic growth and stability , the Legislature places great importance on the island's most valued asset - its human resources. Among local constraints for economic growth, however , is the long -standing problem of an under skilled labor force, a consequence of poor manpower develop ment systems. Recognizing that over fifty -five percent (55%) of the island's population is under twenty -five (25) years of age, literate and highly trainable, the Legislature finds an urgency in the restruc turing of summer COL12010619GCA PERSONAL RELATIO NS CH.21SUMMER EMPLOYMENT AND TRAINING PROGRAMS FOR YOUT H 2youth employment and job training programs designed to meet the occupa - tional train ing needs of this segment of Guam's current and future labor force. It is therefore the declared purpose of this Chapter, to establi sh a comprehensive program for summer employ ment and training programs to assist youth to develop their maxi mum occupa tional

force. It is therefore the declared purpose of this Chapter, to establi sh a comprehensive program for summer employ ment and training programs to assist youth to develop their maxi mum occupa tional potential and to afford job training op portunities that will lead to productive career develop ment and employment. § 21103. A uthorization of Appropriations . Upon enact ment into law , appropriation requests in an amount not to exceed Nine Hundred Thou sand Dollars ($900,000) to carry out Summer Youth Employment Programs shall be incorpo rated in the Executive Budget for the gove rnment of Guam. § 21104. Definitions . (a) The term academic credit means credit for education, job training, or work experience applicable toward a secon dary school diploma, a post - secondary degree, or an accredited certificate of completion, consis tent with applicable law and regulations and require ments of an accredited educational agency or institution in the Territory . (b) Upon enactment into law , the administra tive entity for the program's first year of opera tion shall be the Depart ment of Y outh Affairs.

ed educational agency or institution in the Territory . (b) Upon enactment into law , the administra tive entity for the program's first year of opera tion shall be the Depart ment of Y outh Affairs. Thereafter , the administrative entity shall be the entity designated to administer the Summer Y outh Em ployment Plan under § 21109 of this Chapter . The primary consid eration in selecting an entity to administer the summer youth em ployment pla n shall be the effective ness of the agency or organization in delivering employ ment and training services based on demonstrated perfor mance, in terms of the likelihood of meet ing program performance goals, cost, quality and job training needs of youth. The entity selected under § 21109 of this Chapter shall, prior to the implementation of programs under this Chapter , institute and maintain effective systems for the overall management of Summer Y outh Employment Programs, including, but not limited to: el igibil ity verifica tion systems, program monitoring systems, mechanisms for taking immediate correc tive action where problems have been identified, financial and participant tracking systems.

o: el igibil ity verifica tion systems, program monitoring systems, mechanisms for taking immediate correc tive action where problems have been identified, financial and participant tracking systems. Such systems shall be designed to enable the effective managem ent of programs and provide information neces saryto design program activities COL12010619GCA PERSONAL RELATIO NS CH.21SUMMER EMPLOYMENT AND TRAINING PROGRAMS FOR YOUT H 3and delivery systems best suited to resolve employ ment and training problems of eligible youth. (c) The term on-the-job is training which occurs while the participant is engag ed in pro ductive work which provides knowledge or skills essential to the full and adequate perfor mance of the job. OJT may be coupled with institutional training or may be designed as described in § 21107 of this Chapter . Participation in on -the-job tr aining in the private -for-profit sector shall be subject to restrictions set forth in § 21113(i) of this Chapter . (d) The term work experience program is a short -term or part -time work assignment with an employing agency . It is designed to enhance the employability of eligible youth through the development of good work

rm work experience program is a short -term or part -time work assignment with an employing agency . It is designed to enhance the employability of eligible youth through the development of good work habits and basic work skills. W ork experience is intended for individ uals who need assistance and training to becom ing accustomed to basic work requirements including basic work skills, in order to be able to compete successfully in the labor market. Participation in work experience in the private -for-profit sector shall be subject to restrictions set forth in § 21 113(i) of this Chapter . (e) The vocational exploration program is a program designed to expose eligible youth to jobs through observation of such jobs, instruc tion, and if appropriate, limited practi cal experi ence. § 21105. Establishment of a T arget Population and Provi sion of Equitable Services Thereto. (a) Funds appro priated under this Chapter shall be used pursuant to a Summer Y outh Employment Plan which is prepared in accordance with § 21110 to provide authorized services to eligible youth. (b) For the purposes of this Chapter, youth shall mean an individual who is aged 14 through 25.

ent Plan which is prepared in accordance with § 21110 to provide authorized services to eligible youth. (b) For the purposes of this Chapter, youth shall mean an individual who is aged 14 through 25. (c) Eligible male and female youth shall be served on an equitable basis, taking into account their age, sex, area of residence in the Territo ry, and their proportion of the target population within each residential district of the Territo ry. (d) The recognized standard for population statistics on youth to be used in the proportionment of services under this Chapter, shall be the Territory's 1980 Census of Popula tion, published by the Bureau of Census, U. S. Department of Commerce, or any recognized census reports on the COL12010619GCA PERSONAL RELATIO NS CH.21SUMMER EMPLOYMENT AND TRAINING PROGRAMS FOR YOUT H 4Territory issued by the Department subsequently therefrom. § 21106. Eligibility for Services . (a) Parti cipation in pro grams and activities financially assisted in whole or in part under this Chapter, shall be open to ci tizens and nationals of the United States, lawfully admitted permanent resident aliens, and other individuals authorized by the U. S.

isted in whole or in part under this Chapter, shall be open to ci tizens and nationals of the United States, lawfully admitted permanent resident aliens, and other individuals authorized by the U. S. Attorney General to reside and work in the United States. (b) An individual shall be eligible to partici pate in programs receiving assistance under this Chapter , only if such individual meets the criteria under Subsection (a) of this Section, is aged 14 to 25 years of age at the time of enroll ment, is enrolled in a middle, secondary , post -second ary school or an institution offering a certified high school equivalency program and is meeting or has met the minimum academic and attendance requirements of that school or educa tion program during the current or most recent term. § 21107. Use of Funds . Funds available under this Chapter may be used for: (a) W ork Experience Programs; (b) Occupational training preparation for work; (c) Cooperative education programs to coor dinate educa tional programs with work in the private sector; (d) Training programs operated by the private s ector , or by consortia of private sector employers utilizing private sector facilities, equipment, and

ional programs with work in the private sector; (d) Training programs operated by the private s ector , or by consortia of private sector employers utilizing private sector facilities, equipment, and personnel to train summer youth; (e) Programs of advanced career training which provide a formal combination of on -the-job training and institutional tra ining, and internship assignments which prepare youth for career employment; (f) Programs to develop work habits and other services to youth, to help them obtain and retain employment; (g) On -site industry -specific training pro grams support ive of industr ial and economic development; (h) On -the-job training; (i) Vocational exploration programs; andCOL12010619GCA PERSONAL RELATIO NS CH.21SUMMER EMPLOYMENT AND TRAINING PROGRAMS FOR YOUT H 5(j) Customized training conducted by an employer or group of employers to prepare youth for employ ment follow ing completion of educa tional or institu tional traini ng. § 21108. Limitations . Programs funded under this Chapter shall be conducted during the summer months pursuant to a Summer Y outh Employment Plan which is prepared in accordance with § 21110. § 21109.

21108. Limitations . Programs funded under this Chapter shall be conducted during the summer months pursuant to a Summer Y outh Employment Plan which is prepared in accordance with § 21110. § 21109. Gua m Council on Y outh Affairs . (a) The Counc il on Y outh Affairs established under '20105 of Chapte r 20 of this Title, shall have the same authority with respect to pro grams administered by the Department of Y outh Affairs, except that: (1) It shall be the responsibility of the Council to determine i n agreement with the Governor, procedures for the development of the Summer Y outh Employ ment Plan; (2) Select an entity to administer the plan; and (3) In accordance with the Administrative Adjudi cation Act of the Territory , prescribe such rules and reg ulations as the Council deems necessary to ensure compli ance of Summer Y outh Employment Programs with provisions of this Chapter . (b) The Council is further authorized to provide oversight of the programs conducted under the plan in accordance with proc edures established by the Council. (c) No Summer Y outh Employment Plan prepared under § 21110 may be submitted to the Legislature unless the plan has been approved by the

lan in accordance with proc edures established by the Council. (c) No Summer Y outh Employment Plan prepared under § 21110 may be submitted to the Legislature unless the plan has been approved by the Council and the Gover nor, and the plan is submitted jointly by the Council and the G overnor. § 21110. Summer Y outh Employment Plan . No funds shall be appropriated for any fiscal year except pursuant to an annual Summer Y outh Employment Plan which is prepared in accordance with, and meets the requirements of this Section. (a) Each annual Summer Y outh Employment Plan shall contain: (1) the identification of the entity which will admin ister the program;COL12010619GCA PERSONAL RELATIO NS CH.21SUMMER EMPLOYMENT AND TRAINING PROGRAMS FOR YOUT H 6(2) an assessment of occupational training needs and related problems facing youth, and of labor market conditions to form the basis for pr ogram planning; (3) a description of the services to be provided including: the labor market orienta tion component, the estimated duration of services, the estimated training cost per participant, and a discussion of major changes in program emphasis from last summer's program; (4) procedures for

a tion component, the estimated duration of services, the estimated training cost per participant, and a discussion of major changes in program emphasis from last summer's program; (4) procedures for identifying and select ing partici pants, target groups, and for eligibility determination and verification; (5) quantified performance and placement goals pe r program activity established in accordance with stand ards prescribed under § 21111 of this Chapter; (6) procedures for the selection of employment and training worksites which take into account past perfor mance of employers in job training or related activities, fiscal ac countability , monitoring and manag ing trainee occupational development; (7) procedures for the coordination or joint imple mentation of job development, placement, and other employer outreach activities; (8) procedures for fiscal control, ac counting, audit and debt collection procedures t o assure the proper disbursal of, and ac - counting for, funds received under this Chapter; and (9) procedures for the preparation and submission of an annual report which shall include: (i) a description of activities conduct ed during the fiscal year;

r, funds received under this Chapter; and (9) procedures for the preparation and submission of an annual report which shall include: (i) a description of activities conduct ed during the fiscal year; (ii)characteristics of program parti cipants; (iii) characteristics of the program's participat ing employers, the types of occupational training provid ed, and a description of the training pro gram's responsiveness to the occupational training needs of you th; and (iv) the extent to which the activities exceeded or failed to meet relevant perfor mance standards, pursuant to § 21110 COL12010619GCA PERSONAL RELATIO NS CH.21SUMMER EMPLOYMENT AND TRAINING PROGRAMS FOR YOUT H 7of this Chapter. (b) Review and Approval of the Plan. (1) Not less than one hundred twenty (120) days before the beginning of t he Sum mer Youth Program covered by the Summer Youth Employment Plan - (i) the proposed plan or summary thereof shall be published; and (ii) such plan shall be made available for review and comment to (a) appropriate local educational and other public agen cies in the Terri tory; (b) appropriate local groups repre senta tive of youth, or groups which provide train ing and related services

mment to (a) appropriate local educational and other public agen cies in the Terri tory; (b) appropriate local groups repre senta tive of youth, or groups which provide train ing and related services to youth; (c) organizations and group repre senta tive of business and industry employers and orga nized labor within th e Territory; (2) The final plan summary thereof shall be pub lished not later than eighty (80) days before the sum mer youth employment program covered by the Summer Youth Employment Plan, and shall be submit ted to the Legisla ture for concurrence. (3) Th e Legislature may approve the Summer Y outh Employment Plan, unless it finds that: (i) corrective measures for past defi ciencies found in audits or in meeting performance stan dards from previous years have not been taken or are not acceptably underway; (ii) the entity proposed to administer the pro gram does not have the capacity to administer the funds; (iii) there are inadequate safeguards for the protection of funds received; (iv) the plan does not comply with a particu lar provision or provisions of th is Chapter, or of regula tions duly promul gated by the Guam Coun cil on Y outh Affairs.COL12010619GCA

f funds received; (iv) the plan does not comply with a particu lar provision or provisions of th is Chapter, or of regula tions duly promul gated by the Guam Coun cil on Y outh Affairs.COL12010619GCA PERSONAL RELATIO NS CH.21SUMMER EMPLOYMENT AND TRAINING PROGRAMS FOR YOUT H 8(4) The Legislature shall approve, modify or disap prove a plan by resolution within sixty (60) days after the date that the plan is filed with the Legislative Secretar y. SOURCE: GC '26609 enacted by P .L. 17 -69. Subsection (b)(4) as amended by P .L. 18-6:2. § 211 11. Perfor mance Standards . (a) The Legislature recognizes that the Summer Y outh Employment Program is an investment in human capital and not an expense. In order to deter mine whether that investment has been produc tive, the Legislature finds that it is essential that criteria for measuring the return on this investment be developed. (b) In order to determine whether these basic measures are achieved, the Governo r shall prescribe standards on the basis of appropriate factors which may include: (1) the attainment of recognized employ ment compe tencies prescribed by the local educational and employer community; (2) middle, secondary , and post

basis of appropriate factors which may include: (1) the attainment of recognized employ ment compe tencies prescribed by the local educational and employer community; (2) middle, secondary , and post -secondary school compl etion, or the equivalent thereof; (3) enrollment in other training programs or appren ticeships, or enlistment in the Armed Forces; and (4) where appropriate, placement in unsubsidized employment following the comple tion of training activities provided un der this Chapter . (c) The standards shall include provisions governing a representative period after program termination that is a reasonable indicator of post - program status. (d) The Governor shall prescribe perfor mance stan dards relating gross program expendi tures to various performance measures. (e) The Governor shall, not later than January 31, 1985, prescribe performance stan dards for the first program year under this Chapter to measure the results of participation in the program to achieve the go als set forth in subsection (b) of this Section. (f) The Governor may modify the perfor mance stan dards under this Section not more often than once every two fiscal years, and such modification shall

ls set forth in subsection (b) of this Section. (f) The Governor may modify the perfor mance stan dards under this Section not more often than once every two fiscal years, and such modification shall not be retroac tive.COL12010619GCA PERSONAL RELATIO NS CH.21SUMMER EMPLOYMENT AND TRAINING PROGRAMS FOR YOUT H 9(g) The Governor shall provide tec hnical assistance to programs which do not meet perfor mance criteria. If the failure to meet perfor mance standards persists for a second year , the Governor shall impose a reorganization plan. Such plan may restructure the program delivery system, prohibi t the use of designated employ ers, worksites or service providers, or make such other changes as the Governor deems necessary to improve program performance. The Governor , in agreement with the Guam Council on Y outh Affairs, maydesignate an alternate ent ity to administer the program in the Terri tory. (h) The alternate administrative entity may be a newly formed private nonprofit organiza tion, or any agency jointly selected by the Governor and the Guam Council on Y outh Affairs. § 21112. Limitation on Ce rtain Costs .

nistrative entity may be a newly formed private nonprofit organiza tion, or any agency jointly selected by the Governor and the Guam Council on Y outh Affairs. § 21112. Limitation on Ce rtain Costs . (a) Ninety percent (90%) of the funds available for any fiscal year for programs under this Chapter shall be expended for direct services and program activities for eligible youth. (b) Not more than ten percent (10%) of the funds avail able for any fiscal year for programs under this Chapter shall be expended for the cost of administration. § 21113. Basic Program Design Requirements . (a) The administrative entity for programs under this Chapter shall, at the time of intake assess every indiv idual to determine the person's eligibility and to decide whether the Summer Y outh Employment Program can offer services or activities that will contribute to the occupational development and upward mobility of the applicant. (b) Based on this assessment, the adminis trative entity , in conjunction with each trainee shall develop an employ ment development plan identifying the available services and activities for the trainee.

ased on this assessment, the adminis trative entity , in conjunction with each trainee shall develop an employ ment development plan identifying the available services and activities for the trainee. (1) In establishing such a plan, consider ation shall be given to the trainee's sk ills, interest and career objectives and problems in occupational development. (2) The employment development plan shall include, but not limited to: (i) assessment date showing the par ticipant's employment readiness;COL12010619GCA PERSONAL RELATIO NS CH.21SUMMER EMPLOYMENT AND TRAINING PROGRAMS FOR YOUT H 10(ii) problems, if any , in occupationa l develop ment; (iii) specific employment and training needs; (iv) specific services and activities to be devel oped and provided to meet those needs; and (v) an individualized plan for activities or services following the trainee's success ful comple tionof the summer youth employ - ment program. (3) A copy of the plan shall be recorded in the permanent record, and a copy given to the trainee. (c) All trainees enrolled in programs under this Chapter shall be provided with labor market orientation either on a group or individual basis.

the permanent record, and a copy given to the trainee. (c) All trainees enrolled in programs under this Chapter shall be provided with labor market orientation either on a group or individual basis. (d) The administrative entity for programs under this Chapter shall make appropriate ef forts to encourage local educational agencies and post - secondary institutions to award academic credit for the competencies trainees gain f rom their participation in the summer program. (e) All summer youth employment programs shall provide eligible youth with useful work and sufficient basic education and institutional or on-the-job training to assist trainees to develop their m aximum occupa tional potential. The programs shall be designed to meet diverse individual needs of trainees. Among these are: (1) Structured and well supervised work; (2) Opportunities to explore vocational interest; (3) Job rotations to expose youth to different work s ettings; (4) V ocational counseling and occupational infor mation; (5) Meeting special employability needs; (6) Services to induce high school gradu ates to pursue post - secondary training, or training in institu tions of higher educa tion.

cupational infor mation; (5) Meeting special employability needs; (6) Services to induce high school gradu ates to pursue post - secondary training, or training in institu tions of higher educa tion. (f) Each summer youth employment program shall provide employment and training opportu nities to those who can benefit from such oppor tunities, and shall make efforts to provide equitable services among substantial segments of the eligible population. (g) Employment and training provided with funds under this Chapter shall only be for occupations for which there is a demand in the Territory COL12010619GCA PERSONAL RELATIO NS CH.21SUMMER EMPLOYMENT AND TRAINING PROGRAMS FOR YOUT H 11with consideration given to training in occupations determined to be in sectors of the economy which have a high potential for sus tained demand or growth. (h) Efforts shall be made to develop pro grams which contribute to the occupational development, upward mobility , development of new careers, and overcoming sex stereotyping in occupations traditional for the other sex. (i) The maxi mum amount authorized for reimburse ment to private -for- profit employers for training provided under this Chapter shall

g sex stereotyping in occupations traditional for the other sex. (i) The maxi mum amount authorized for reimburse ment to private -for- profit employers for training provided under this Chapter shall not, during the period of such training, exceed more than fifty percent (50%) of the wages paid by the employer to such participants dur ing the summer months. (j) The ratio of participants in program funded under this Chapter within the public sector , to participants in such programs within the private sector , shall not exceed the ratio between civilian governmental employment and non -gove rnmental employment in the T erritory . § 21114. Benefits . The following provisions shall apply to all activities financed under this Chapter. (a) A summer trainee shall receive no pay ments for training or employment activities in which the trainee fails to participate without good cause. (b) Eligible youth, who, at the time of application to participate in programs under this Chapter , are between the ages of seventeen (17) through twenty -five (25), shall be paid wages which shall not be less than the min imum wage under '6(a)(1) of the Fair Labor Standards Act of 1938.

Chapter , are between the ages of seventeen (17) through twenty -five (25), shall be paid wages which shall not be less than the min imum wage under '6(a)(1) of the Fair Labor Standards Act of 1938. Wage earnings subsidized under this Chapter shall not exceed the authorized number of work hours per work week prescribed per program activity in the applicable Summer Y outh Employ ment Plan . (c) Eligible youth, who, at the time of application to participate in programs under this Chapter , are between the ages of fourteen (14) through sixteen (16), shall be paid wages which shall not be less than eighty -five percent (85%) of the minimum wage under '6(a)(1) of the Fair Labor Standards Act of 1938. W age earnings subsidized under this Chapter shall not exceed the authorized number of work hours per work week prescribed per program activity in the applicable Summer Y outh Employment Plan. § 21115. Labor S tandards . COL12010619GCA PERSONAL RELATIO NS CH.21SUMMER EMPLOYMENT AND TRAINING PROGRAMS FOR YOUT H 12(a) Conditions of employ ment and training shall be appropriate and reasonable in light of such factors as the type of work, geographic location, and proficiency of the trainee.

PROGRAMS FOR YOUT H 12(a) Conditions of employ ment and training shall be appropriate and reasonable in light of such factors as the type of work, geographic location, and proficiency of the trainee. (b) Health and safety standards established under Territo rial and Federal Law , otherwise applicable to working condi tions of employees, shall be equally applica ble to working conditions of participants under this Chapter . Wit h respect to any participant engaged in a program con ducted under this Chapter who is e ngaged in activities which are not covered by health and safety standards under the Occupational and Safety and Health Act of 1970, the Guam Council on Y outh Affairs shall prescribe, by regulation, such standards as may be neces saryto protect the health and safety of such participants. No participants under eighteen (18) years of age shall be employed in any occupation which the Guam Council on Y outh Affairs has found to be particularly hazardous for persons between fourteen (14) and eighteen (18) years o f age. (c) T o the extent that the Territory's W orker's Compen sation Law is applicable, worker's compensation benefits in accordance with such law shall be

n fourteen (14) and eighteen (18) years o f age. (c) T o the extent that the Territory's W orker's Compen sation Law is applicable, worker's compensation benefits in accordance with such law shall be applicable with respect to injuries suffered by participants. (d) All individuals employed in subs idized jobs shall be provided benefits and working conditions at the same level, and to the same extent as other employees working a similar length of time and doing the same type of work. (e) No funds under this Chapter shall be used for contri butions on behalf of any partici pant to retirement systems or plans. Payroll deductions in wages on behalf of program partic ipants in compliance with the Federal Insurance Compen sation Act (FICA), however, shall be allowable. (f) No currently employed worker shal l be displaced by any participant (including partial displacement such as reduction in the hours of non - overtime work, wages, or employment benefits). (g) No summer youth employment program shall impair existing contracts or collective bargaining agree ments, except that no program under this Chapter which would be inconsis tent with the terms of a collective bar - gaining agree

program shall impair existing contracts or collective bargaining agree ments, except that no program under this Chapter which would be inconsis tent with the terms of a collective bar - gaining agree ment shall be undertaken without the written concurrence of the labor organization and em ployer concerned. § 21116. Worksite Standa rds. COL12010619GCA PERSONAL RELATIO NS CH.21SUMMER EMPLOYMENT AND TRAINING PROGRAMS FOR YOUT H 13(a) The administrative entity for programs under this Chapter shall develop a written financial or non -financial agreement with each worksite employer which assures: (1) adequate supervision of each parti cipant; (2) adequate accountability for part icipant time and attendance; and (3) adherence to the provisions of this Chapter, rules and regulations promulgated hereunder . (b) Such written agreements may be memo randa of understanding, simple work statements or other documents which, at a minimum, in dicate an estimate of the number of participants assigned to each worksite and any opera tional conditions to which the worksite is expected to adhere. (c) The administrative entity for programs under this Chapter shall establish procedures for the monito

d to each worksite and any opera tional conditions to which the worksite is expected to adhere. (c) The administrative entity for programs under this Chapter shall establish procedures for the monito ring and evaluation of each worksite to insure compliance with the terms and conditions of worksite agreements. § 21117. Selection of Service Providers . (a) The primary consideration in selecting agencies, organizations or worksite employers to deliver se rvices under this Chapter shall be the effectiveness of the agency , organization, or worksite employer in delivering comparable or related services based on demon strated perfor - mance, in terms of the likelihood of meeting performance goals, cost, quality of training, and characteristics of participants. (b) Funds provided under this Chapter shall not be used to duplicate facilities or services available in the Territory from other source s, unless it is demonstrated in the appropriate annual summer youth em ployment plan, that alternative services or facilities would be more effective or more likely to achieve performance goals. § 21118. Prevention of Fraud and Program Abuse .

ate annual summer youth em ployment plan, that alternative services or facilities would be more effective or more likely to achieve performance goals. § 21118. Prevention of Fraud and Program Abuse . (a) T o ensure the integrity of Summer Y outh Employment Pro grams, special efforts a re necessary to prevent fraud and other program abuses. Fraud includes deceitful practices and intentional misconduct, such as willful misrepre sentation in accounting for the use of program funds. Abuse is a general term which encom passes improper conduc t which may or may not be fraudulent in nature. While any violation of this Chapter may constitute fraud or program abuse, this Section identifies and addresses COL12010619GCA PERSONAL RELATIO NS CH.21SUMMER EMPLOYMENT AND TRAINING PROGRAMS FOR YOUT H 14those specific program problems which were of most concern to the Legislature during the author ization of programs herein. (b) Conflict of Interest. (1) No member of the Guam Council on Y outh Affairs shall cast a vote on any matter which has a direct bearing on the services to be provided by that member or any organiza tion which such member directl y represents or on any matter which would

fairs shall cast a vote on any matter which has a direct bearing on the services to be provided by that member or any organiza tion which such member directl y represents or on any matter which would financially benefit such member or any organization which such member repre sents. (2) The administrative entity for pro grams under this Chapter shall avoid organ izational conflict of interest, and their personne l shall avoid personal conflict of interest and the appearance of conflict of interest in awarding financial assistance, and in the conduct of procurement activities involving funds under this Chapter. (c) Kickbacks. No officer, employee or agent of pro grams funded under this Chapter shall solicit or accept gratuities, favors or anything of monetary value from any actual or potential subrecipient or contractor . (d) Political Activities. (1) No program under this Chapter may involve political activities. (2) No participant or trainee under this Chapter may engage in partisan or non -partisan political activities during hours for which the participant is paid with summer youth employment program funds.

2) No participant or trainee under this Chapter may engage in partisan or non -partisan political activities during hours for which the participant is paid with summer youth employment program funds. (3) No participant or trainee under this Chapter may , atany time, engage in partisan or nonpartisan political activities in which such participant or trainee represents himself/herself as a spokesperson of the Summer Y outh Employment Program. (4) A participant or trainee under this Chapter may be employed or outstationed in the immediate office of any local elected official within the govern ment of Guam. (e) Theft or Embezzlement from Employment and Training Funds. Whoever, being an officer , director , agent or employee of, or connected in any capacity with, an y agency receiving financial assistance under this Chapter knowingly hires an ineligible individual or individuals; embe zzles, wilfully misapplies, steals, or obtains by fraud any of the moneys, funds, assets, or property which are the subject of an approp riation or contract COL12010619GCA PERSONAL RELATIO NS CH.21SUMMER EMPLOYMENT AND TRAINING PROGRAMS FOR YOUT H 15under this Chapter , shall be fined not more than Ten

ich are the subject of an approp riation or contract COL12010619GCA PERSONAL RELATIO NS CH.21SUMMER EMPLOYMENT AND TRAINING PROGRAMS FOR YOUT H 15under this Chapter , shall be fined not more than Ten Thousand Dollars ($10,000) or imprisoned for not more than five (5) years, or both; but if the amount so embez zled, misap plied, stolen, or obtained by fraud does not exceed One Hun dred Dollars ($100), such person shall be fined not more than One Thousand Dollars ($1,000) or imprisoned not more than one (1) year, or both. § 21119. Cooperation of Educational Institu tions . The Board of Trustees of Guam Communi tyCollege and the Territorial Board of Education shall cooperate in setting criteria for offering school credits and for offering curricula in conjunc tion with work experience obtained by persons participating in this program. ----------COL120106