42 U.S.C. § 12656 — Urban Youth Corps

Page 8428 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12656 1 So in original. Probably should be ‘‘provisions’’. eral employees for work injuries, a participant or crew leader serving in a program that re- ceives assistance under this division shall be considered an employee of the United States within the meaning of the term ‘‘employee’’ as defined in section 8101 of title 5 and the provi- sion 1 of that subchapter shall apply, except— (A) the term ‘‘performance of duty’’, as used in such subchapter, shall not include an act of a participant or crew leader while ab- sent from the assigned post of duty of such participant or crew leader, except while par- ticipating in an activity authorized by or under the direction and supervision of a pro- gram agency (including an activity while on pass or during travel to or from such post of duty); and (B) compensation for disability shall not begin to accrue until the day following the date that the employment of the injured participant or crew leader is terminated. (3) Tort claims procedure For purposes of chapter 171 of title 28, relat- ing to tort claims procedure, a participant or crew leaders assigned to a youth corps pro- gram for which a grant has been made to the Secretary of Agriculture, Secretary of the In- terior, or the Director of ACTION, shall be considered an employee of the United States within the meaning of the term ‘‘employee of the government’’ as defined in section 2671 of such title. (4) Allowance for quarters For purposes of section 5911 of title 5, relat- ing to allowances for quarters, a participant or crew leader shall be considered an employee of the United States within the meaning of the term ‘‘employee’’ as defined in paragraph (3) of subsection (a) of such section. (c) Availability of appropriation Contract authority under this division shall be subject to the availability of appropriations. As- sistance made available under this division shall only be used for activities that are in addition to those which would otherwise be carried out in the area in the absence of such funds. (Pub. L. 101–610, title I, § 199M, formerly § 135, Nov. 16, 1990, 104 Stat. 3149; renumbered § 199O, renumbered § 199M, Pub. L. 103–82, title I, § 101(a), (e)(8)(B), Sept. 21, 1993, 107 Stat. 788, 816, as amended Pub. L. 103–304, § 3(b)(1), Aug. 23, 1994, 108 Stat. 1567.) Editorial Notes CODIFICATION Section was formerly classified to section 12555 of this title prior to renumbering by Pub. L. 103–82, § 101(a). AMENDMENTS 1994—Pub. L. 103–304 amended directory language of Pub. L. 103–82, § 101(a)(3), which renumbered section 135 of Pub. L. 101–610 as section 199O. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–304 effective as of Oct. 1, 1993, see section 3(b)(10)(B) of Pub. L. 103–304, set out as a note under section 4953 of this title. TRANSFER OF FUNCTIONS For transfer of functions of Director of ACTION Agency (including all related functions of any officer or employee of ACTION Agency) to Corporation for Na- tional and Community Service, and effective date of such transfer, see section 203(c), (d) of Pub. L. 103–82, set out as a note under section 12651 of this title. Division J—Miscellaneous § 12656. Urban Youth Corps (a) Findings The Congress finds the following: (1) The rehabilitation, reclamation, and beautification of urban public housing, rec- reational sites, youth and senior centers, and public roads and public works facilities through the efforts of young people in the United States in an Urban Youth Corps can benefit these youths, while also benefiting their communities, by— (A) providing them with education and work opportunities; (B) furthering their understanding and ap- preciation of the challenges faced by individ- uals residing in urban communities; and (C) providing them with a means to pay for higher education or to repay indebtedness they have incurred to obtain higher edu- cation. (2) A significant number of housing units for low-income individuals in urban areas has be- come substandard and unsafe and the deterio- ration of urban roadways, mass transit sys- tems, and transportation facilities in the United States have contributed to the blight encountered in many cities in the United States. (3) As a result, urban housing, public works, and transportation resources are in need of labor intensive rehabilitation, reclamation, and beautification work that has been ne- glected in the past and cannot be adequately carried out by Federal, State, and local gov- ernment at existing personnel levels. (4) Urban youth corps have established a good record of rehabilitating, reclaiming, and beautifying these kinds of resources in a cost- efficient manner, especially when they have worked in partnership with government hous- ing, public works, and transportation authori- ties and agencies. (b) Purpose It is the purpose of this section— (1) to perform, in a cost-effective manner, appropriate service projects to rehabilitate, reclaim, beautify, and improve public housing and public works and transportation facilities and resources in urban areas suffering from high rates of poverty where work will not be performed by existing employees; (2) to assist government housing, public works, and transportation authorities and agencies; Page 8429 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12656 1 See References in Text note below. (3) to expose young people in the United States to public service while furthering their understanding and appreciation of their com- munity; (4) to expand educational opportunity for in- dividuals who participate in the Urban Youth Corps established by this section by providing them with an increased ability to pursue post- secondary education or job training; and (5) to stimulate interest among young people in the United States in lifelong service to their communities and the United States. (c) Definitions For purposes of this section: (1) Appropriate service project The term ‘‘appropriate service project’’ means any project for the rehabilitation, rec- lamation, or beautification of urban public housing and public works and transportation resources or facilities. (2) Corps and Urban Youth Corps The term ‘‘Corps’’ and ‘‘Urban Youth Corps’’ mean the Urban Youth Corps established under subsection (d)(1). (3) Qualified urban youth corps The term ‘‘qualified urban youth corps’’ means any program established by a State or local government or by a nonprofit organiza- tion that— (A) is capable of offering meaningful, full- time, productive work for individuals be- tween the ages of 16 and 25, inclusive, in an urban or public works or transportation set- ting; (B) gives participants a mix of work expe- rience, basic and life skills, education, train- ing, and support services; and (C) provides participants with the oppor- tunity to develop citizenship values and skills through service to their communities and the United States. (4) Secretary The term ‘‘Secretary’’ means the Secretary of Housing and Urban Development or the Sec- retary of Transportation. (5) State The term ‘‘State’’ means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands of the United States, American Samoa, and the Commonwealth of the North- ern Mariana Islands. (d) Establishment of Urban Youth Corps (1) Establishment There is hereby established in the Depart- ment of Housing and Urban Development and the Department of Transportation an Urban Youth Corps. The Corps shall consist of indi- viduals between the ages of 16 and 25, inclu- sive, who are enrolled as participants in the Corps by the Secretary of Housing and Urban Development and the Secretary of Transpor- tation. To be eligible for enrollment in the Corps, an individual shall satisfy the criteria specified in section 139(b) of the National and Community Service Act of 1990 [42 U.S.C. 12593(b)]. The Secretaries may enroll such in- dividuals in the Corps without regard to the civil service and classification laws, rules, or regulations of the United States. The Secre- taries may establish a preference for the en- rollment in the Corps of individuals who are economically, physically, or educationally dis- advantaged. (2) Use of qualified urban youth corps The Secretaries are authorized to enter into contracts and cooperative agreements with any qualified urban youth corps to perform ap- propriate service projects described in para- graph (3). As part of the Urban Youth Corps es- tablished in the Department of Transpor- tation, the Secretary of Transportation may make grants to States (and through States to local governments) for the purpose of estab- lishing, operating, or supporting qualified urban youth corps that will perform appro- priate service projects relating to transpor- tation resources or facilities. (3) Service projects The Secretaries may each utilize the Corps or any qualified urban youth corps to carry out appropriate service projects that the Sec- retary involved is authorized to carry out under other authority of law involving public housing projects or public works resources or facilities. (4) Preference for certain projects In selecting an appropriate service project to be carried out under this section, the Secre- taries shall give a preference to those projects which— (A) will provide long-term benefits to the public; (B) will instill in the participant a work ethic and a sense of public service; (C) will be labor intensive; (D) can be planned and initiated promptly; and (E) will provide academic, experiential, or community education opportunities. (5) Consistency Each appropriate service project carried out under this section in any public housing project or public works resource or facility shall be consistent with the provisions of law and policies relating to the management and administration of such projects, facilities, or resources, with all other applicable provisions of law, and with all management, operational, and other plans and documents which govern the administration of such projects, facilities, or resources. (e) Living allowances The Secretaries shall provide each participant in the Urban Youth Corps with a living allow- ance in an amount not to exceed the maximum living allowance authorized by section 140(a)(3) 1 of the National and Community Service Act of 1990 for participants in a national service pro- gram assisted under subtitle C of title I of such Act [42 U.S.C. 12571 et seq.]. Page 8430 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12657 (f) Terms of service Each participant in the Urban Youth Corps shall agree to participate in the Corps for a term of service established by the Secretary involved, consistent with the terms of service required under section 139(b) of the National and Commu- nity Service Act of 1990 [42 U.S.C. 12593(b)] for participants in a national service program as- sisted under subtitle C of title I of such Act [42 U.S.C. 12571 et seq.]. (g) Educational awards (1) Eligibility Each participant in the Urban Youth Corps shall be eligible for a national service edu- cational award in the manner prescribed in subtitle D of title I of the National and Com- munity Service Act of 1990 [42 U.S.C. 12601 et seq.] if such participant complies with such re- quirements as may be established under this subtitle by the Secretary involved respecting eligibility for the award. The period during which the award may be used, the purposes for which the award may be used, and the amount of the award shall be determined as provided under such subtitle. (2) Forbearance in the collection of Stafford loans For purposes of section 1078 of title 20, in the case of borrowers who are participants in the Urban Youth Corps, upon written request, a lender shall grant a borrower forbearance on such terms as are otherwise consistent with the regulations of the Secretary of Education, during periods in which the borrower is serv- ing as such a participant and eligible for a na- tional service educational award under para- graph (1). (h) Nondisplacement The nondisplacement requirements of section 177 of the National and Community Service Act of 1990 [42 U.S.C. 12637] shall be applicable to all activities carried out by the Urban Youth Corps and to all activities carried out under this sec- tion by a qualified urban youth corps. (i) Cost sharing (1) Projects by qualified urban youth corps The Secretaries are each authorized to pay not more than 75 percent of the costs of any appropriate service project carried out pursu- ant to this section by a qualified urban youth corps. The remaining 25 percent of the costs of such a project may be provided from non- federal sources in the form of funds, services, facilities, materials, equipment, or any com- bination of the foregoing. (2) Donations The Secretaries are each authorized to ac- cept donations of funds, services, facilities, materials, or equipment for the purposes of operating the Urban Youth Corps and carrying out appropriate service projects by the Corps. However, nothing in this section shall be con- strued to require any cost sharing for any project carried out directly by the Corps. (3) Funds available under National and Com- munity Service Act In order to carry out the Urban Youth Corps or to support qualified urban youth corps under this section, the Secretaries shall be eli- gible to apply for and receive assistance under section 121(b) of the National and Community Service Act of 1990 [42 U.S.C. 12571(b)]. (Pub. L. 103–82, title I, § 106, Sept. 21, 1993, 107 Stat. 854.) Editorial Notes REFERENCES IN TEXT Section 140(a)(3) of the National and Community Service Act of 1990, referred to in subsec. (e), was redes- ignated section 140(a)(2) of the Act by Pub. L. 111–13, title I, § 1315(1)(C), Apr. 21, 2009, 123 Stat. 1511, and is classified to section 12594(a)(2) of this title. The National and Community Service Act of 1990, re- ferred to in subsecs. (e), (f), and (g)(1), is Pub. L. 101–610, Nov. 16, 1990, 104 Stat. 3127. Subtitles C and D of title I of the Act are classified generally to divisions C (§ 12571 et seq.) and D (§ 12601 et seq.), respectively, of this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 12501 of this title and Tables. CODIFICATION Section was enacted as part of the National and Com- munity Service Trust Act of 1993, and not as part of the National and Community Service Act of 1990 which comprises this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as an Effective Date of 1993 Amend- ment note under section 1701 of Title 16, Conservation. Division K—Training and Technical Assistance § 12657. Training and technical assistance (a) In general The Corporation shall, directly or through grants, contracts, or cooperative agreements (including through State Commissions), conduct appropriate training for and provide technical assistance to— (1) programs receiving assistance under the national service laws; and (2) entities (particularly entities in rural areas and underserved communities) that de- sire to— (A) carry out or establish national service programs; or (B) apply for assistance (including sub- grants) under the national service laws. (b) Activities included Such training and technical assistance activi- ties may include— (1) providing technical assistance to entities applying to carry out national service pro- grams or entities carrying out national serv- ice programs; (2) promoting leadership development in na- tional service programs; (3) improving the instructional and pro- grammatic quality of national service pro- grams; (4) developing the management and budg- etary skills of individuals operating or over- seeing national service programs, including developing skills to increase the cost effec- tiveness of the programs under the national service laws;