29 U.S.C. § 3226 — YouthBuild program
submitted 12 years ago by Pub. L. 113-128 to r/title-29-LABOR · 3,407 words · no verdicts yet
This section establishes YouthBuild grants for disadvantaged young people. Programs combine education, job training, leadership development, and construction or rehabilitation work, with rules for participants, housing, performance, assistance, and funding.
(a) The purposes are to help disadvantaged youth gain education and job skills for self-sufficiency and in-demand work or postsecondary education; provide meaningful work and community service; develop employment and leadership skills and commitment to community development; increase permanent affordable housing through youth work; and improve the quality and energy efficiency of nonprofit, public, and community facilities serving homeless or low-income families.
(b) Definitions. “Adjusted income,” “income,” “Indian,” and “Indian tribe” have the meanings supplied by the cross-referenced statutes. “Applicant” is an eligible entity that applied under subsection (c). “Eligible entity” is a public or private nonprofit agency or organization, including a consortium, such as a community-based or faith-based organization, local-board program, community action agency, State or local housing agency, Indian tribe or Indian-serving agency, community development corporation, youth or conservation corps, or another entity eligible for Federal education or employment training. “Homeless individual” includes the persons defined in the cited titles. A “housing development agency” is a State or local agency or private nonprofit organization providing housing for homeless people or low-income families. A “low-income family” is the family described in the cited statute. A “qualified national nonprofit agency” has significant national experience and capacity to provide training, information, technical assistance, and data management to YouthBuild or similar programs. A “registered apprenticeship program” is one registered under the National Apprenticeship Act and meeting any additional criteria set by the Secretary. “Transitional housing” has the cited statutory meaning. A “YouthBuild program” receives assistance under this section and gives disadvantaged youth employment, education, leadership, and training opportunities through housing or public-facility construction or rehabilitation, including energy-efficiency work.
(c)(1) The Secretary may make grants to applicants for approved YouthBuild programs. (2) Grant funds may pay for: (A) education and workforce activities, including coordinated construction work experience and skills training, occupational training, paid or unpaid work such as internships and job shadowing, basic and remedial education, English-language instruction, secondary education and dropout recovery, postsecondary counseling and aid assistance, alternative secondary school services, counseling about drug and alcohol abuse and referrals, employment and leadership activities including community service and youth policy committees, supportive services and need-based stipends during participation and for up to 12 months after training, and job-search help; (B) supervision and training in rehabilitating or building housing for homeless people or low-income families, transitional housing, and Secretary-approved in-demand occupations; (C) supervision and training in community or public-facility work, limited to 15 percent of appropriated funds, and Secretary-approved in-demand occupations; (D) applicant administration, including recruitment and selection, limited to 10 percent of the grant; (E) adult mentoring; (F) participant wages, stipends, or benefits; (G) ongoing related training and technical assistance; and (H) follow-up services.
(c)(3) An applicant must apply in the form, manner, time, and with the information the Secretary requires. At minimum, the application must include current and projected labor-market information; the amount requested and uses; the applicant’s qualifications, relationships with workforce, education, labor, community, and employer partners, and relevant experience; the proposed site; the education, training, work, postsecondary, and other services and how they prepare youth for local in-demand work; proposed rehabilitation, construction, or other approved activities and their schedule; recruitment and selection arrangements with workforce, education, assistance, court, shelter, foster-care, and other youth-serving agencies; special outreach to young women, including those with dependent children; employers’ roles; coordination with Federal, State, local, tribal, school, college, national-service, and other training activities; enough trained supervisors; expected performance on the primary youth indicators; relationships with building-trade unions, apprenticeships, and employers and the program’s ability and quality in awarding industry-recognized credentials; leadership activities; a detailed budget and fiscal controls and audit procedures; commitments of extra resources from the applicant, housing and community-development funders, and other education or training entities; financing for rehabilitation, acquisition, or construction; the property operator and manager; data-collection systems; certification that the program fits the State or local housing strategy; and certification of Fair Housing Act compliance and affirmative furtherance of fair housing. (4) Selection criteria must address applicant qualifications and potential, program potential, economic distress and housing need, commitment to skills, leadership, and education, focus on in-demand work or postsecondary opportunities, coordination with workforce systems, public education, justice, housing, national service, and postsecondary systems, employer coordination, inclusion of formerly homeless tenants, extra resources, service to different regions including rural areas and previously unserved States, and other appropriate effective and efficient factors. (5) When practicable, the Secretary must tell each applicant within five months whether the application is approved.
(d) Housing units built or rehabilitated with subsection (c) funds may be used only for rental by or sale to homeless people or low-income families, or as transitional or permanent housing to help homeless people move to independent living.
(e)(1) Unless the exception applies, a participant must be 16 through 24 at enrollment, be in a low-income family or be a foster-care youth, youth offender, youth with a disability, child of incarcerated parents, or migrant youth, and be a dropout or a dropout who reenrolled. Up to 25 percent may instead lack the income or dropout condition if they are basic-skills deficient despite a diploma or equivalent, or were referred by a local secondary school to a program leading to a diploma. (2) Selected eligible participants must be offered full-time participation for at least six and no more than 24 months. (3) Programs must offer education and related activities for at least 50 percent of participation time and work and skill development for at least 40 percent. (4) This section does not authorize Federal control over an educational institution’s curriculum, instruction, administration, personnel, library resources, textbooks, or other instructional materials. (5) Education and credit or attainment standards must follow applicable State and local standards.
(f) The Secretary must annually set expected performance levels for the primary youth indicators and may set additional indicators.
(g) The Secretary may contract for program management, supervision, and coordination. The Secretary must contract with or grant qualified national nonprofits to provide training, information, technical assistance, evaluation, and data management, reserving 5 percent of subsection (i) funds for that purpose. Each year the Secretary may use up to 3 percent for capacity-building grants; the Federal share is 25 percent and the non-Federal share must come from private sources.
(h) A grantee may provide services directly or through subgrants, contracts, or other arrangements with local education agencies, colleges, housing agencies, other public agencies including tribal agencies, or private organizations.
(i) Appropriations are authorized as follows: $77,534,000 for 2015; $83,523,000 for 2016; $85,256,000 for 2017; $87,147,000 for 2018; $89,196,000 for 2019; and $91,087,000 for 2020.
The purposes of this section are—
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;
to provide disadvantaged youth with opportunities for meaningful work and service to their communities;
to foster the development of employment and leadership skills and commitment to community development among youth in low-income communities;
to expand the supply of permanent affordable housing for homeless individuals and low-income families by utilizing the energies and talents of disadvantaged youth; and
to improve the quality and energy efficiency of community and other nonprofit and public facilities, including those facilities that are used to serve homeless and low-income families.
In this section:
The term “adjusted income” has the meaning given the term in section 1437a(b) of title 42.
The term “applicant” means an eligible entity that has submitted an application under subsection (c).
The term “eligible entity” means a public or private nonprofit agency or organization (including a consortium of such agencies or organizations), including—
a community-based organization;
a faith-based organization;
an entity carrying out activities under this subchapter, such as a local board;
a community action agency;
a State or local housing development agency;
an Indian tribe or other agency primarily serving Indians;
a community development corporation;
a State or local youth service or conservation corps; and
any other entity eligible to provide education or employment training under a Federal program (other than the program carried out under this section).
The term “homeless individual” means a homeless individual (as defined in section 12473(6) of title 34) or a homeless child or youth (as defined in section 11434a(2) of title 42).
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.
The terms “Indian” and “Indian tribe” have the meanings given such terms in section 5304 of title 25.
The term “low-income family” means a family described in section 1437a(b)(2) of title 42.
The term “qualified national nonprofit agency” means a nonprofit agency that—
has significant national experience providing services consisting of training, information, technical assistance, and data management to YouthBuild programs or similar projects; and
has the capacity to provide those services.
The term “registered apprenticeship program” means an apprenticeship program—
registered under the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); and
that meets such other criteria as may be established by the Secretary under this section.
The term “transitional housing” has the meaning given the term in section 11360(29) 1 of title 42.
The term “YouthBuild program” means any program that receives assistance under this section and provides disadvantaged youth with opportunities for employment, education, leadership development, and training through the rehabilitation (which, for purposes of this section, shall include energy efficiency enhancements) or construction of housing for homeless individuals and low-income families, and of public facilities.
The Secretary is authorized to make grants to applicants for the purpose of carrying out YouthBuild programs approved under this section.
An entity that receives a grant under this subsection shall use the funds made available through the grant to carry out a YouthBuild program, which may include the following activities:
Education and workforce investment activities including—
work experience and skills training (coordinated, to the maximum extent feasible, with preapprenticeship and registered apprenticeship programs) in the activities described in subparagraphs (B) and (C) related to rehabilitation or construction, and, if approved by the Secretary, in additional in-demand industry sectors or occupations in the region in which the program operates;
occupational skills training;
other paid and unpaid work experiences, including internships and job shadowing;
services and activities designed to meet the educational needs of participants, including—
basic skills instruction and remedial education;
language instruction educational programs for participants who are English language learners;
secondary education services and activities, including tutoring, study skills training, and school dropout prevention and recovery activities, designed to lead to the attainment of a secondary school diploma or its recognized equivalent (including recognized certificates of attendance or similar documents for individuals with disabilities);
counseling and assistance in obtaining postsecondary education and required financial aid; and
alternative secondary school services;
counseling services and related activities, such as comprehensive guidance and counseling on drug and alcohol abuse and referral;
activities designed to develop employment and leadership skills, which may include community service and peer-centered activities encouraging responsibility and other positive social behaviors, and activities related to youth policy committees that participate in decision-making related to the program;
supportive services and provision of need-based stipends necessary to enable individuals to participate in the program and to assist individuals, for a period not to exceed 12 months after the completion of training, in obtaining or retaining employment, or applying for and transitioning to postsecondary education or training; and
job search and assistance.
Supervision and training for participants in the rehabilitation or construction of housing, including residential housing for homeless individuals or low-income families, or transitional housing for homeless individuals, and, if approved by the Secretary, in additional in-demand industry sectors or occupations in the region in which the program operates.
Supervision and training for participants—
in the rehabilitation or construction of community and other public facilities, except that not more than 15 percent of funds appropriated to carry out this section may be used for such supervision and training; and
if approved by the Secretary, in additional in-demand industry sectors or occupations in the region in which the program operates.
Payment of administrative costs of the applicant, including recruitment and selection of participants, except that not more than 10 percent of the amount of assistance provided under this subsection to the grant recipient may be used for such costs.
Adult mentoring.
Provision of wages, stipends, or benefits to participants in the program.
Ongoing training and technical assistance that are related to developing and carrying out the program.
Follow-up services.
To be qualified to receive a grant under this subsection, an eligible entity shall submit an application at such time, in such manner, and containing such information as the Secretary may require.
The Secretary shall require that the application contain, at a minimum—
labor market information for the labor market area where the proposed program will be implemented, including both current data (as of the date of submission of the application) and projections on career opportunities in construction and in-demand industry sectors or occupations;
a request for the grant, specifying the amount of the grant requested and its proposed uses;
a description of the applicant and a statement of its qualifications, including a description of the applicant’s relationship with local boards, one-stop operators, local unions, entities carrying out registered apprenticeship programs, other community groups, and employers, and the applicant’s past experience, if any, with rehabilitation or construction of housing or public facilities, and with youth education and employment training programs;
a description of the proposed site for the proposed program;
a description of the educational and job training activities, work opportunities, postsecondary education and training opportunities, and other services that will be provided to participants, and how those activities, opportunities, and services will prepare youth for employment in in-demand industry sectors or occupations in the labor market area described in clause (i);
a description of the proposed activities to be undertaken under the grant related to rehabilitation or construction, and, in the case of an applicant requesting approval from the Secretary to also carry out additional activities related to in-demand industry sectors or occupations, a description of such additional proposed activities; and
the anticipated schedule for carrying out all activities proposed under subclause (I);
a description of the manner in which eligible youth will be recruited and selected as participants, including a description of arrangements that will be made with local boards, one-stop operators, faith- and community-based organizations, State educational agencies or local educational agencies (including agencies of Indian tribes), public assistance agencies, the courts of jurisdiction, agencies operating shelters for homeless individuals and other agencies that serve youth who are homeless individuals, foster care agencies, and other appropriate public and private agencies;
a description of the special outreach efforts that will be undertaken to recruit eligible young women (including young women with dependent children) as participants;
a description of the specific role of employers in the proposed program, such as their role in developing the proposed program and assisting in service provision and in placement activities;
a description of how the proposed program will be coordinated with other Federal, State, and local activities and activities conducted by Indian tribes, such as local workforce investment activities, career and technical education and training programs, adult and language instruction educational programs, activities conducted by public schools, activities conducted by community colleges, national service programs, and other job training provided with funds available under this subchapter;
assurances that there will be a sufficient number of adequately trained supervisory personnel in the proposed program;
a description of the levels of performance to be achieved with respect to the primary indicators of performance for eligible youth described in section 3141(b)(2)(A)(ii) of this title;
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, the ability of the applicant to grant an industry-recognized certificate or certification through the program, and the quality of the program leading to the certificate or certification;
a description of activities that will be undertaken to develop the leadership skills of participants;
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;
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—
the applicant;
recipients of other Federal, State, or local housing and community development assistance that will sponsor any part of the rehabilitation or construction, operation and maintenance, or other housing and community development activities undertaken as part of the proposed program; or
entities carrying out other Federal, State, or local activities or activities conducted by Indian tribes, including career and technical education and training programs, adult and language instruction educational programs, and job training provided with funds available under this subchapter;
information identifying, and a description of, the financing proposed for any—
rehabilitation of the property involved;
acquisition of the property; or
construction of the property;
information identifying, and a description of, the entity that will operate and manage the property;
information identifying, and a description of, the data collection systems to be used;
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
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.
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—
the qualifications or potential capabilities of an applicant;
an applicant’s potential for developing a successful YouthBuild program;
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 community 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);
the commitment of an applicant to providing skills training, leadership development, and education to participants;
the focus of a proposed program on preparing youth for in-demand industry sectors or occupations, or postsecondary education and training opportunities;
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;
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;
the extent of an applicant’s coordination of activities with employers in the local area involved;
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;
the commitment of additional resources (in addition to the funds made available through the grant) to a proposed program by—
an applicant;
recipients of other Federal, State, or local housing and community development assistance who will sponsor any part of the rehabilitation or construction, operation and maintenance, or other housing and community development activities undertaken as part of the proposed program; or
entities carrying out other Federal, State, or local activities or activities conducted by Indian tribes, including career and technical education and training programs, adult and language instruction educational programs, and job training provided with funds available under this subchapter;
the applicant’s potential to serve different regions, including rural areas and States that have not previously received grants for YouthBuild programs; and
such other factors as the Secretary determines to be appropriate for purposes of carrying out the proposed program in an effective and efficient manner.
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.
Residential housing units rehabilitated or constructed using funds made available under subsection (c), shall be available solely—
for rental by, or sale to, homeless individuals or low-income families; or
for use as transitional or permanent housing, for the purpose of assisting in the movement of homeless individuals to independent living.
Except as provided in subparagraph (B), an individual may participate in a YouthBuild program only if such individual is—
not less than age 16 and not more than age 24, on the date of enrollment;
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
a school dropout, or an individual who was a school dropout and has subsequently reenrolled.
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—
are basic skills deficient, despite attainment of a secondary school diploma or its recognized equivalent (including recognized certificates of attendance or similar documents for individuals with disabilities); or
have been referred by a local secondary school for participation in a YouthBuild program leading to the attainment of a secondary school diploma.
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.
A YouthBuild program receiving assistance under subsection (c) shall be structured so that participants in the program are offered—
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
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.
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.
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.
The Secretary shall annually establish expected levels of performance for YouthBuild programs relating to each of the primary indicators of performance for eligible youth activities described in section 3141(b)(2)(A)(ii) of this title.
The Secretary may establish expected levels of performance for additional indicators for YouthBuild programs, as the Secretary determines appropriate.
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.
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, program evaluation, and data management to recipients of grants under subsection (c).
Of the amounts available under subsection (i) to carry out this section for a fiscal year, the Secretary shall reserve 5 percent to carry out subparagraph (A).
In each fiscal year, the Secretary may use not more than 3 percent of the amounts available under subsection (i) to award grants to 1 or more qualified national nonprofit agencies to pay for the Federal share of the cost of capacity building activities.
The Federal share of the cost described in subparagraph (A) shall be 25 percent. The non-Federal share shall be provided from private sources.
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, institutions of higher education, State or local housing development agencies, other public agencies, including agencies of Indian tribes, or private organizations.
There are authorized to be appropriated to carry out this section—
$77,534,000 for fiscal year 2015;
$83,523,000 for fiscal year 2016;
$85,256,000 for fiscal year 2017;
$87,147,000 for fiscal year 2018;
$89,196,000 for fiscal year 2019; and
$91,087,000 for fiscal year 2020.
Source credit: (Pub. L. 113–128, title I, § 171, July 22, 2014, 128 Stat. 1576.)
- 2014Enacted · Pub. L. 113-128 · 128 Stat. 1576
A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-128 on 2014-07-22.
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