§ 1782 TITLE 29—LABOR Page 702

2So in original.

training program does not comply with its regulations, the Director shall—

(A) notify the contractor of the disapproval,

(B) set forth the reasons for the disapproval,

and

(C) provide a list of recommendations which,

if accepted, will qualify the training program

under this section.

(3) A contractor who has a training program

which contains the criteria set forth in subsection (a) of this section and which is in accordance with regulations promulgated under

paragraph (2) of this subsection shall continue

to meet the affirmative action obligations of

Executive Order 11246, as amended, but the contractors required to maintain a written affirmative action program need only maintain an abbreviated affirmative action program, the content and length of which shall be determined by

the Director of the Office of Federal Contract

Compliance Programs, to satisfy the written affirmative action program portion of their obligations under Executive Order 11246, as amended. Successful performance or operation of a

training program meeting the criteria set forth

in subsection (a) of this section shall create a

presumption that the contractor has made a

good faith effort to meet its affirmative action

obligations to the degree specified by the Director under paragraph (2) of this subsection, but

that presumption shall not be applicable to the

satisfaction of other affirmative action obligations not directly related to the training and

hiring requirements of this section, or other affirmative action obligations not affected by this

section. For the purpose of the preceding sentence, ‘‘successful performance or operation’’

means training and placing in jobs a number of

individuals which bears a reasonable relationship to the number of job openings in the

contractors’s 2 facilities or in the relevant labor

market area.

(c) Limitations: compulsory program involvement; exclusive compliance criteria; obligations of nonparticipating contractors; interference with private industry councils; restriction of Secretary’s authority; short form

affirmative action plan

Nothing in this section may be interpreted—

(1) to compel contractor involvement in such

programs,

(2) to establish the exclusive criteria by

which a contractor can be found to have fulfilled its affirmative action obligations,

(3) to provide authority for imposing any additional obligations on contractors not participating in such training activities,

(4) to permit the Office of Federal Contract

Compliance Programs to intervene or interfere

with the authority and responsibilities of the

private industry councils,

(5) to restrict or limit the authority of the

Secretary to investigate the employment

practices of any Government contractor, to

initiate such investigation by the Director, to

determine whether any nondiscrimination

contractual provisions have been violated, or

to enforce Executive Order 11246, or

(6) to prohibit the Secretary or the Director,

or other authorized officers of the United

States, from requesting or compelling any

contractor preparing and maintaining a short

form affirmative action plan under subsection

(b) of this section to provide information necessary to conduct a compliance review or to

provide data necessary to determine whether

any violation of Executive Order 11246 has occurred.

(Pub. L. 97–300, title IV, §481, Oct. 13, 1982, 96

Stat. 1390; Pub. L. 102–367, title VII, §702(a)(19),

Sept. 7, 1992, 106 Stat. 1112.)

REFERENCES IN TEXT

Executive Order 11246, as amended, referred to in subsecs. (a), (b)(3), and (c)(5), (6), is Ex. Ord. No. 11246, Sept.

24, 1965, 30 F.R. 12319, which is set out as a note under

section 2000e of Title 42, The Public Health and Welfare.

AMENDMENTS

1992—Subsec. (a). Pub. L. 102–367, which directed the

substitution of ‘‘section 1603, 1643’’ for ‘‘section

1603(a)(1)’’, was executed by making the substitution

for ‘‘sections 1603(a)(1)’’ to reflect the probable intent

of Congress.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102–367 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.

PART H—YOUTH FAIR CHANCE PROGRAM

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 1502 of this title;

title 20 section 6235; title 42 section 11421.

§ 1782. Statement of purpose

It is the purpose of the Youth Fair Chance program under this part to—

(1) ensure access to education and job training assistance for youth residing in high poverty areas of urban and rural communities;

(2) provide a comprehensive range of education, training, and employment services to

disadvantaged youth who are not currently

served or are underserved by Federal education and job training programs;

(3) enable communities with high concentrations of poverty to establish and meet goals

for improving the opportunities available to

youth within the community; and

(4) facilitate the coordination of comprehensive services to serve youth in such communities.

(Pub. L. 97–300, title IV, §491, as added Pub. L.

102–367, title IV, §406, Sept. 7, 1992, 106 Stat.

1086.)

EFFECTIVE DATE

Part 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.

§ 1782a. Program authorized

(a) Establishment of program

The Secretary is authorized to establish a national program of Youth Fair Chance grants to
Page 703 TITLE 29—LABOR § 1782b

pay the Federal share attributable to this part

of providing comprehensive services to youth

living in high poverty areas in the cities and

rural areas of the Nation.

(b) Eligibility for grants

(1) Recipients

The Secretary may only award grants under

this part to—

(A) the service delivery area (on behalf of

the participating community) in which a

target area is located;

(B) in the case of a grant involving a target area located in an Indian reservation or

Alaska Native village, the grantee designated under subsection (c) or (d) of section

1671 of this title, or a consortium of such

grantees and the State; or

(C) in the case of a grant involving a target area located in a migrant or seasonal

farmworker community, the grantee designated under section 1672(c) of this title, or

a consortium of such grantees and the State.

(2) Number of grants

(A) In general

The Secretary may award not more than

25 grants during the first fiscal year that the

program is authorized.

(B) Indian reservations and Alaska Native

villages

In awarding grants under this part during

the first 5 fiscal years that the program is

assisted, the Secretary shall award—

(i) at least 1 grant to a grantee or consortium described in paragraph (1)(B); and

(ii) at least 1 grant to a grantee or consortium described in paragraph (1)(C).

(c) Renewability of grants

(1) In general

Grants awarded under this part shall be for

a 1-year period. Such a grant shall be renewable for each of the 2 succeeding fiscal years if

the Secretary determines the grant recipient

complied with conditions of the grant during

the previous fiscal year.

(2) Extension

The Secretary may extend the renewal period set forth in paragraph (1) for an additional 2 fiscal years on reapplication.

(d) Factors for awards

In awarding grants under this part, the Secretary shall consider the quality of the proposed

project, the goals to be achieved, the likelihood

of successful implementation, the extent of

community support, other Federal and non-Federal funds available for similar purposes, and additional State, local, or private resources that

will be provided. The Secretary shall give priority to participating communities with the highest poverty rates.

(Pub. L. 97–300, title IV, §492, as added Pub. L.

102–367, title IV, §406, Sept. 7, 1992, 106 Stat.

1086.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1782b, 1782e of

this title.

§ 1782b. Application

(a) Eligibility to apply

Participating communities that have the

highest concentrations of poverty, as determined by the Secretary based on the latest Bureau of the Census estimates, shall be eligible to

apply for a Youth Fair Chance grant.

(b) Contents of application

(1) In general

Each participating community desiring a

grant under this part shall, through the individuals set forth in subsection (c) of this section, submit an application to the Secretary

at such time, in such manner, and accompanied by such information as the Secretary

may reasonably require.

(2) Contents

Each such application shall—

(A) include a comprehensive plan for the

Youth Fair Chance initiative designed to

achieve identifiable goals for youth in the

target area;

(B) set forth measurable program goals

and outcomes, which may include increasing

the proportion of—

(i) youth completing high school or its

equivalent;

(ii) youth entering into postsecondary

institutions, apprenticeships, or other advanced training programs;

(iii) youth placed in jobs; or

(iv) youth participating in education,

training, and employment services;

(C) include supporting goals for the target

area such as increasing security and safety,

or reducing the number of drug-related arrests;

(D) provide assurances that the applicant

will comply with the terms of the agreement

described in section 1782c of this title;

(E) demonstrate how the participating

community will make use of the resources,

expertise, and commitment of institutions of

higher education, educational agencies, and

vocational and technical schools and institutes;

(F) provide an assurance that all youth in

the target areas will have access to a coordinated and comprehensive range of education

and training opportunities that serve the

broadest range of youth interests and needs

and simultaneously mobilizes the diverse

range of education and training providers in

the participating community;

(G) provide assurances that the youth in

the target area will have access to supportive services necessary for successful participation, including such services as child care,

transportation, and assistance in resolving

personal or family crises, such as crises related to substance abuse, homelessness, migration, and family violence;

(H) include a description of a system of

common intake procedures or sites, individualized assessment, and case management to

be used by the program;

(I) demonstrate how the participating

community will make use of the resources,