United States Code (Last Updated: May 24, 2014) |
Title 29. LABOR |
Chapter 30. WORKFORCE INVESTMENT SYSTEMS |
SubChapter IV. NATIONAL PROGRAMS |
§ 2918a. YouthBuild program
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(a) Statement of purpose The purposes of this section are— (1) to enable disadvantaged youth to obtain the education and employment skills necessary to achieve economic self-sufficiency in occupations in demand and postsecondary education and training opportunities; (2) to provide disadvantaged youth with opportunities for meaningful work and service to their communities; (3) to foster the development of employment and leadership skills and commitment to community development among youth in low-income communities; and (4) to expand the supply of permanent affordable housing for homeless individuals and low-income families by utilizing the energies and talents of disadvantaged youth. (b) Definitions In this section: (1) Adjusted income The term “adjusted income” has the meaning given the term in section 1437a(b) of title 42.
(2) Applicant The term “applicant” means an eligible entity that has submitted an application under subsection (c).
(3) Eligible entity The term “eligible entity” means a public or private nonprofit agency or organization (including a consortium of such agencies or organizations), including— (A) a community-based organization; (B) a faith-based organization; (C) an entity carrying out activities under this chapter, such as a local board; (D) a community action agency; (E) a State or local housing development agency; (F) an Indian tribe or other agency primarily serving Indians; (G) a community development corporation; (H) a State or local youth service or conservation corps; and (I) any other entity eligible to provide education or employment training under a Federal program (other than the program carried out under this section). (4) Homeless individual The term “homeless individual” has the meaning given the term in section 11302 of title 42.
(5) Housing development agency The term “housing development agency” means any agency of a State or local government, or any private nonprofit organization, that is engaged in providing housing for homeless individuals or low-income families.
(6) Income The term “income” has the meaning given the term in section 1437a(b) of title 42.
(7) Indian; Indian tribe The terms “Indian” and “Indian tribe” have the meanings given such terms in section 450b of title 25.
(8) Individual of limited English proficiency The term “individual of limited English proficiency” means an eligible participant under this section who meets the criteria set forth in section 9202(10) of title 20.
(9) Low-income family The term “low-income family” means a family described in section 1437a(b)(2) of title 42.
(10) Qualified national nonprofit agency The term “qualified national nonprofit agency” means a nonprofit agency that— (A) has significant national experience providing services consisting of training, information, technical assistance, and data management to YouthBuild programs or similar projects; and (B) has the capacity to provide those services. (11) Registered apprenticeship program The term “registered apprenticeship program” means an apprenticeship program— (A) registered under the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”; 50 Stat. 664, chapter 663; 20 conducted by community colleges, national service programs, and other job training provided with funds available under this chapter;(xi) assurances that there will be a sufficient number of adequately trained supervisory personnel in the proposed program; (xii) a description of results to be achieved with respect to common indicators of performance for youth and lifelong learning, as identified by the Secretary; (xiii) a description of the applicant’s relationship with local building trade unions regarding their involvement in training to be provided through the proposed program, the relationship of the proposed program to established registered apprenticeship programs and employers, and the ability of the applicant to grant industry-recognized skill certification through the program; (xiv) a description of activities that will be undertaken to develop the leadership skills of participants; (xv) a detailed budget and a description of the system of fiscal controls, and auditing and accountability procedures, that will be used to ensure fiscal soundness for the proposed program; (xvi) a description of the commitments for any additional resources (in addition to the funds made available through the grant) to be made available to the proposed program from— (I) the applicant; (II) recipients of other Federal, State or local housing and community development assistance who will sponsor any part of the rehabilitation, construction, operation and maintenance, or other housing and community development activities undertaken as part of the proposed program; or (III) entities carrying out other Federal, State, or local activities or activities conducted by Indian tribes, including vocational education programs, adult and language instruction educational programs, and job training provided with funds available under this chapter; (xvii) information identifying, and a description of, the financing proposed for any— (I) rehabilitation of the property involved; (II) acquisition of the property; or (III) construction of the property; (xviii) information identifying, and a description of, the entity that will operate and manage the property; (xix) information identifying, and a description of, the data collection systems to be used; (xx) a certification, by a public official responsible for the housing strategy for the State or unit of general local government within which the proposed program is located, that the proposed program is consistent with the housing strategy; and (xxi) a certification that the applicant will comply with the requirements of the Fair Housing Act (42 U.S.C. 3601 et seq.) and will affirmatively further fair housing. (4) Selection criteria For an applicant to be eligible to receive a grant under this subsection, the applicant and the applicant’s proposed program shall meet such selection criteria as the Secretary shall establish under this section, which shall include criteria relating to— (A) the qualifications or potential capabilities of an applicant; (B) an applicant’s potential for developing a successful YouthBuild program; (C) the need for an applicant’s proposed program, as determined by the degree of economic distress of the community from which participants would be recruited (measured by indicators such as poverty, youth unemployment, and the number of individuals who have dropped out of secondary school) and of the community in which the housing and public facilities proposed to be rehabilitated or constructed is located (measured by indicators such as incidence of homelessness, shortage of affordable housing, and poverty); (D) the commitment of an applicant to providing skills training, leadership development, and education to participants; (E) the focus of a proposed program on preparing youth for occupations in demand or postsecondary education and training opportunities; (F) the extent of an applicant’s coordination of activities to be carried out through the proposed program with local boards, one-stop operators, and one-stop partners participating in the operation of the one-stop delivery system involved, or the extent of the applicant’s good faith efforts in achieving such coordination; (G) the extent of the applicant’s coordination of activities with public education, criminal justice, housing and community development, national service, or postsecondary education or other systems that relate to the goals of the proposed program; (H) the extent of an applicant’s coordination of activities with employers in the local area involved; (I) the extent to which a proposed program provides for inclusion of tenants who were previously homeless individuals in the rental housing provided through the program; (J) the commitment of additional resources (in addition to the funds made available through the grant) to a proposed program by— (i) an applicant; (ii) recipients of other Federal, State, or local housing and community development assistance who will sponsor any part of the rehabilitation, construction, operation and maintenance, or other housing and community development activities undertaken as part of the proposed program; or (iii) entities carrying out other Federal, State, or local activities or activities conducted by Indian tribes, including vocational education programs, adult and language instruction educational programs, and job training provided with funds available under this chapter; (K) the applicant’s potential to serve different regions, including rural areas and States that have not previously received grants for YouthBuild programs; and (L) such other factors as the Secretary determines to be appropriate for purposes of carrying out the proposed program in an effective and efficient manner. (5) Approval To the extent practicable, the Secretary shall notify each applicant, not later than 5 months after the date of receipt of the application by the Secretary, whether the application is approved or not approved.
(d) Use of housing units Residential housing units rehabilitated or constructed using funds made available under subsection (c) shall be available solely— (1) for rental by, or sale to, homeless individuals or low-income families; or (2) for use as transitional or permanent housing, for the purpose of assisting in the movement of homeless individuals to independent living. (e) Additional program requirements (1) Eligible participants (A) In general Except as provided in subparagraph (B), an individual may participate in a YouthBuild program only if such individual is— (i) not less than age 16 and not more than age 24, on the date of enrollment; (ii) a member of a low-income family, a youth in foster care (including youth aging out of foster care), a youth offender, a youth who is an individual with a disability, a child of incarcerated parents, or a migrant youth; and (iii) a school dropout. (B) Exception for individuals not meeting income or educational need requirements Not more than 25 percent of the participants in such program may be individuals who do not meet the requirements of clause (ii) or (iii) of subparagraph (A), but who— (i) are basic skills deficient, despite attainment of a secondary school diploma, General Education Development (GED) credential, or other State-recognized equivalent (including recognized alternative standards for individuals with disabilities); or (ii) have been referred by a local secondary school for participation in a YouthBuild program leading to the attainment of a secondary school diploma. (2) Participation limitation An eligible individual selected for participation in a YouthBuild program shall be offered full-time participation in the program for a period of not less than 6 months and not more than 24 months.
(3) Minimum time devoted to educational services and activities A YouthBuild program receiving assistance under subsection (c) shall be structured so that participants in the program are offered— (A) education and related services and activities designed to meet educational needs, such as those specified in clauses (iv) through (vii) of subsection (c)(2)(A), during at least 50 percent of the time during which the participants participate in the program; and (B) work and skill development activities such as those specified in clauses (i), (ii), (iii), and (viii) of subsection (c)(2)(A), during at least 40 percent of the time during which the participants participate in the program. (4) Authority restriction No provision of this section may be construed to authorize any 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 (including a school) or school system, or over the selection of library resources, textbooks, or other printed or published instructional materials by any educational institution or school system.
(5) State and local standards All educational programs and activities supported with funds provided under subsection (c) shall be consistent with applicable State and local educational standards. Standards and procedures for the programs and activities that relate to awarding academic credit for and certifying educational attainment in such programs and activities shall be consistent with applicable State and local educational standards.
(f) Management and technical assistance (1) Secretary assistance The Secretary may enter into contracts with 1 or more entities to provide assistance to the Secretary in the management, supervision, and coordination of the program carried out under this section.
(2) Technical assistance (A) Contracts and grants The Secretary shall enter into contracts with or make grants to 1 or more qualified national nonprofit agencies, in order to provide training, information, technical assistance, and data management to recipients of grants under subsection (c).
(B) Reservation of funds Of the amounts available under subsection (h) to carry out this section for a fiscal year, the Secretary shall reserve 5 percent to carry out subparagraph (A).
(3) Capacity building grants (A) In general In each fiscal year, the Secretary may use not more than 3 percent of the amounts available under subsection (h) to award grants to 1 or more qualified national nonprofit agencies to pay for the Federal share of the cost of capacity building activities.
(B) Federal share The Federal share of the cost described in subparagraph (A) shall be 25 percent. The non-Federal share shall be provided from private sources.
(g) Subgrants and contracts Each recipient of a grant under subsection (c) to carry out a YouthBuild program shall provide the services and activities described in this section directly or through subgrants, contracts, or other arrangements with local educational agencies, postsecondary educational institutions, State or local housing development agencies, other public agencies, including agencies of Indian tribes, or private organizations.
(h) Authorization of appropriations (1) In general There are authorized to be appropriated for each of fiscal years 2007 through 2012 such sums as may be necessary to carry out this section.
(2) Fiscal year Notwithstanding section 2939(g) of this title, appropriations for any fiscal year for programs and activities carried out under this section shall be available for obligation only on the basis of a fiscal year.
References In Text
This chapter, referred to in subsecs. (b)(3)(C) and (c)(3)(B)(x), (xvi)(III), (4)(J)(iii), was in the original “this title” meaning title I of Pub. L. 105–220,
Act of
The Fair Housing Act, referred to in subsec. (c)(3)(B)(xxi), is title VIII of Pub. L. 90–284,
Effective Date
Section effective
Miscellaneous
Pub. L. 109–281, § 3,