29 U.S.C. § 3226 (LABOR)
§ 3226. YouthBuild program
(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;
(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; and
(5) 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.
(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 subchapter, 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” means a homeless individual (as defined in section 14043e–2(6) of title 42) or a homeless child or youth (as defined in section 11434a(2) 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) Low-income family
The term “low-income family” means a family described in section 1437a(b)(2) of title 42.
(9) 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.
(10) 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; 29 U.S.C. 50 et seq.); and
(B) that meets such other criteria as may be established by the Secretary under this section.
(11) Transitional housing
The term “transitional housing” has the meaning given the term in section 11360(29) of title 42.
(12) YouthBuild program
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.
(c) YouthBuild grants
(1) Amounts of grants
The Secretary is authorized to make grants to applicants for the purpose of carrying out YouthBuild programs approved under this section.
(2) Eligible activities
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:
(A) Education and workforce investment activities including—
(i) 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;
(ii) occupational skills training;
(iii) other paid and unpaid work experiences, including internships and job shadowing;
(iv) services and activities designed to meet the educational needs of participants, including—
(I) basic skills instruction and remedial education;
(II) language instruction educational programs for participants who are English language learners;
(III) 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);
(IV) counseling and assistance in obtaining postsecondary education and required financial aid; and
(V) alternative secondary school services;
(v) counseling services and related activities, such as comprehensive guidance and counseling on drug and alcohol abuse and referral;
(vi) 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;
(vii) 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
(viii) job search and assistance.
(B) 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.
(C) Supervision and training for participants—
(i) 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
(ii) if approved by the Secretary, in additional in-demand industry sectors or occupations in the region in which the program operates.
(D) 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.
(E) Adult mentoring.
(F) Provision of wages, stipends, or benefits to participants in the program.
(G) Ongoing training and technical assistance that are related to developing and carrying out the program.
(H) Follow-up services.
(3) Application
(A) Form and procedure
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.
(B) Minimum requirements
The Secretary shall require that the application contain, at a minimum—
(i) 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;
(ii) a request for the grant, specifying the amount of the grant requested and its proposed uses;
(iii) 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;
(iv) a description of the proposed site for the proposed program;
(v) 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);
(vi)
(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
(II) the anticipated schedule for carrying out all activities proposed under subclause (I);
(vii) 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;
(viii) a description of the special outreach efforts that will be undertaken to recruit eligible young women (including young women with dependent children) as participants;
(ix) 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;
(x) 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;
(xi) assurances that there will be a sufficient number of adequately trained supervisory personnel in the proposed program;
(xii) 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;
(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, 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;
(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 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
(III) 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;
(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 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);
(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 in-demand industry sectors or occupations, 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 or 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 career and technical education and training programs, adult and language instruction educational programs, and job training provided with funds available under this subchapter;
(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, or an individual who was a school dropout and has subsequently reenrolled.
(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 or its recognized equivalent (including recognized certificates of attendance or similar documents 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) Levels of performance and indicators
(1) In general
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.
(2) Additional indicators
The Secretary may establish expected levels of performance for additional indicators for YouthBuild programs, as the Secretary determines appropriate.
(g) 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, program evaluation, and data management to recipients of grants under subsection (c).
(B) Reservation of funds
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).
(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 (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.
(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.
(h) 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, institutions of higher education, State or local housing development agencies, other public agencies, including agencies of Indian tribes, or private organizations.
(i) Authorization of appropriations
There are authorized to be appropriated to carry out this section—
(1) $77,534,000 for fiscal year 2015;
(2) $83,523,000 for fiscal year 2016;
(3) $85,256,000 for fiscal year 2017;
(4) $87,147,000 for fiscal year 2018;
(5) $89,196,000 for fiscal year 2019; and
(6) $91,087,000 for fiscal year 2020.
(Pub. L. 113–128, title I, § 171, July 22, 2014, 128 Stat. 1576.)
heading: References in Text
text: Act of August 16, 1937, commonly known as the National Apprenticeship Act, referred to in subsec. (b)(10)(A), is act Aug. 16, 1937, ch. 663, 50 Stat. 664, which is classified generally to chapter 4C (§ 50 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 50 of this title and Tables.
The Fair Housing Act, referred to in subsec. (c)(3)(B)(xxi), is title VIII of Pub. L. 90–284, Apr. 11, 1968, 82 Stat. 81, which is classified principally to subchapter I (§ 3601 et seq.) of chapter 45 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 3601 of Title 42 and Tables.
heading: Effective Date
text: Section effective on the first day of the first full program year after July 22, 2014 [probably July 1, 2015], see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title.