II 

Calendar No. 472 

109TH CONGRESS 

2D SESSION S. 3534 

To amend the Workforce Investment Act of 1998 to provide for a YouthBuild 

program. 

IN THE SENATE OF THE UNITED STATES 

JUNE 16, 2006 

Mr. ENZI (for himself, Mr. KENNEDY, Mr. DEWINE, Mr. KERRY, and Mrs. 

MURRAY) introduced the following bill; which was read the first time 

JUNE 19, 2006 

Read the second time and placed on the calendar 

A BILL 

To amend the Workforce Investment Act of 1998 to provide 

for a YouthBuild program. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘YouthBuild Transfer 

5 Act’’. 


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1 SEC. 2. YOUTHBUILD PROGRAM. 

2 (a) ESTABLISHMENT OF YOUTHBUILD PROGRAM IN

3 THE DEPARTMENT OF LABOR.—Subtitle D of title I of 

4 the Workforce Investment Act of 1998 is amended by in5 serting before section 174 (29 U.S.C. 2919) the following 

6 new section: 

7 ‘‘SEC. 173A. YOUTHBUILD PROGRAM. 

8 ‘‘(a) STATEMENT OF PURPOSE.—The purposes of 

9 this section are— 

10 ‘‘(1) to enable disadvantaged youth to obtain 

11 the education and employment skills necessary to 

12 achieve economic self-sufficiency in occupations in 

13 demand and postsecondary education and training 

14 opportunities; 

15 ‘‘(2) to provide disadvantaged youth with op16 portunities for meaningful work and service to their 

17 communities; 

18 ‘‘(3) to foster the development of employment 

19 and leadership skills and commitment to community 

20 development among youth in low-income commu21 nities; and 

22 ‘‘(4) to expand the supply of permanent afford23 able housing for homeless individuals and low-in24 come families by utilizing the energies and talents of 

25 disadvantaged youth. 

26 ‘‘(b) DEFINITIONS.—In this section: 


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1 ‘‘(1) ADJUSTED INCOME.—The term ‘adjusted 

2 income’ has the meaning given the term in section 

3 3(b) of the United States Housing Act of 1937 (42 

4 U.S.C. 1437a(b)). 

5 ‘‘(2) APPLICANT.—The term ‘applicant’ means 

6 an eligible entity that has submitted an application 

7 under subsection (c). 

8 ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible en9 tity’ means a public or private nonprofit agency or 

10 organization (including a consortium of such agen11 cies or organizations), including— 

12 ‘‘(A) a community-based organization; 

13 ‘‘(B) a faith-based organization; 

14 ‘‘(C) an entity carrying out activities under 

15 this title, such as a local board; 

16 ‘‘(D) a community action agency; 

17 ‘‘(E) a State or local housing development 

18 agency; 

19 ‘‘(F) an Indian tribe or other agency pri20 marily serving Indians; 

21 ‘‘(G) a community development corpora22 tion; 

23 ‘‘(H) a State or local youth service or con24 servation corps; and 


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1 ‘‘(I) any other entity eligible to provide 

2 education or employment training under a Fed3 eral program (other than the program carried 

4 out under this section). 

5 ‘‘(4) FAITH-BASED ORGANIZATION.—The term 

6 ‘faith-based organization’ means any organization 

7 whose founding, governance, or membership is de8 rived from a religious institution or religiously-affili9 ated entity. 

10 ‘‘(5) HOMELESS INDIVIDUAL.—The term 

11 ‘homeless individual’ has the meaning given the term 

12 in section 103 of the McKinney-Vento Homeless As13 sistance Act (42 U.S.C. 11302). 

14 ‘‘(6) HOUSING DEVELOPMENT AGENCY.—The 

15 term ‘housing development agency’ means any agen16 cy of a State or local government, or any private 

17 nonprofit organization, that is engaged in providing 

18 housing for homeless individuals or low-income fami19 lies. 

20 ‘‘(7) INCOME.—The term ‘income’ has the 

21 meaning given the term in section 3(b) of the United 

22 States Housing Act of 1937 (42 U.S.C. 1437a(b)). 

23 ‘‘(8) INDIAN; INDIAN TRIBE.—The terms ‘In24 dian’ and ‘Indian tribe’ have the meanings given 

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1 mination and Education Assistance Act (25 U.S.C. 

2 450b). 

3 ‘‘(9) INDIVIDUAL OF LIMITED ENGLISH PRO4 FICIENCY.—The term ‘individual of limited English 

5 proficiency’ means an eligible participant under this 

6 section who meets the criteria set forth in section 

7 203(10) of the Adult Education and Family Lit8 eracy Act (20 U.S.C. 9202(10)). 

9 ‘‘(10) LOW-INCOME FAMILY.—The term ‘low-in10 come family’ means a family described in section 

11 3(b)(2) of the United States Housing Act of 1937 

12 (42 U.S.C. 1437a(b)(2)). 

13 ‘‘(11) QUALIFIED NATIONAL NONPROFIT AGEN14 CY.—The term ‘qualified national nonprofit agency’ 

15 means a nonprofit agency that— 

16 ‘‘(A) has significant national experience 

17 providing services consisting of training, infor18 mation, technical assistance, and data manage19 ment to YouthBuild programs or similar 

20 projects; and 

21 ‘‘(B) has the capacity to provide those 

22 services. 

23 ‘‘(12) REGISTERED APPRENTICESHIP PRO24 GRAM.—The term ‘registered apprenticeship pro25 gram’ means an apprenticeship program— 


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1 ‘‘(A) registered under the Act of August 

2 16, 1937 (commonly known as the ‘National 

3 Apprenticeship Act’; 50 Stat. 664, chapter 663; 

4 20 U.S.C. 50 et seq.); and 

5 ‘‘(B) that meets such other criteria as may 

6 be established by the Secretary under this sec7 tion. 

8 ‘‘(13) TRANSITIONAL HOUSING.—The term 

9 ‘transitional housing’ means housing provided for 

10 the purpose of facilitating the movement of homeless 

11 individuals to independent living within a reasonable 

12 amount of time. The term includes housing pri13 marily designed to serve deinstitutionalized homeless 

14 individuals and other homeless individuals who are 

15 individuals with disabilities or members of families 

16 with children. 

17 ‘‘(14) YOUTHBUILD PROGRAM.—The term 

18 ‘YouthBuild program’ means any program that re19 ceives assistance under this section and provides dis20 advantaged youth with opportunities for employ21 ment, education, leadership development, and train22 ing through the rehabilitation or construction of 

23 housing for homeless individuals and low-income 

24 families, and of public facilities. 

25 ‘‘(c) YOUTHBUILD GRANTS.— 


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1 ‘‘(1) AMOUNTS OF GRANTS.—The Secretary is 

2 authorized to make grants to applicants for the pur3 pose of carrying out YouthBuild programs approved 

4 under this section. 

5 ‘‘(2) ELIGIBLE ACTIVITIES.—An entity that re6 ceives a grant under this subsection shall use the 

7 funds made available through the grant to carry out 

8 a YouthBuild program, which may include the fol9 lowing activities: 

10 ‘‘(A) Education and workforce investment 

11 activities including— 

12 ‘‘(i) work experience and skills train13 ing (coordinated, to the maximum extent 

14 feasible, with preapprenticeship and reg15 istered apprenticeship programs) in the re16 habilitation and construction activities de17 scribed in subparagraphs (B) and (C); 

18 ‘‘(ii) occupational skills training; 

19 ‘‘(iii) other paid and unpaid work ex20 periences, including internships and job 

21 shadowing; 

22 ‘‘(iv) services and activities designed 

23 to meet the educational needs of partici24 pants, including— 


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1 ‘‘(I) basic skills instruction and 

2 remedial education; 

3 ‘‘(II) language instruction edu4 cational programs for individuals with 

5 limited English proficiency; 

6 ‘‘(III) secondary education serv7 ices and activities, including tutoring, 

8 study skills training, and dropout pre9 vention activities, designed to lead to 

10 the attainment of a secondary school 

11 diploma or its equivalent; 

12 ‘‘(IV) counseling and assistance 

13 in obtaining postsecondary education 

14 and required financial aid; and 

15 ‘‘(V) alternative secondary school 

16 services; 

17 ‘‘(v) counseling services and related 

18 activities, such as comprehensive guidance 

19 and counseling on drug and alcohol abuse 

20 and referral; 

21 ‘‘(vi) activities designed to develop 

22 employment and leadership skills, which 

23 may include community service and peer24 centered activities encouraging responsi25 bility and other positive social behaviors, 


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1 and activities related to youth policy com2 mittees that participate in decision-making 

3 related to the program; 

4 ‘‘(vii) supportive services and provi5 sion of need-based stipends necessary to 

6 enable individuals to participate in the pro7 gram and supportive services to assist indi8 viduals, for a period not to exceed 12 

9 months after the completion of training, in 

10 obtaining or retaining employment, or ap11 plying for and transitioning to postsec12 ondary education; and 

13 ‘‘(viii) job search and assistance. 

14 ‘‘(B) Supervision and training for partici15 pants in the rehabilitation or construction of 

16 housing, including residential housing for home17 less individuals or low-income families, or tran18 sitional housing for homeless individuals. 

19 ‘‘(C) Supervision and training for partici20 pants in the rehabilitation or construction of 

21 community and other public facilities, except 

22 that not more than 10 percent of funds appro23 priated to carry out this section may be used 

24 for such supervision and training. 


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1 ‘‘(D) Payment of administrative costs of 

2 the applicant, except that not more than 15 

3 percent of the amount of assistance provided 

4 under this subsection to the grant recipient may 

5 be used for such costs. 

6 ‘‘(E) Adult mentoring. 

7 ‘‘(F) Provision of wages, stipends, or bene8 fits to participants in the program. 

9 ‘‘(G) Ongoing training and technical as10 sistance that are related to developing and car11 rying out the program. 

12 ‘‘(H) Follow-up services. 

13 ‘‘(3) APPLICATION.— 

14 ‘‘(A) FORM AND PROCEDURE.—To be 

15 qualified to receive a grant under this sub16 section, an eligible entity shall submit an appli17 cation at such time, in such manner, and con18 taining such information as the Secretary may 

19 require. 

20 ‘‘(B) MINIMUM REQUIREMENTS.—The Sec21 retary shall require that the application contain, 

22 at a minimum— 

23 ‘‘(i) labor market information for the 

24 labor market area where the proposed pro25 gram will be implemented, including both 


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1 current data (as of the date of submission 

2 of the application) and projections on ca3 reer opportunities in growing industries; 

4 ‘‘(ii) a request for the grant, speci5 fying the amount of the grant requested 

6 and its proposed uses; 

7 ‘‘(iii) a description of the applicant 

8 and a statement of its qualifications, in9 cluding a description of the applicant’s re10 lationship with local boards, one-stop oper11 ators, local unions, entities carrying out 

12 registered apprenticeship programs, other 

13 community groups, and employers, and the 

14 applicant’s past experience, if any, with re15 habilitation or construction of housing or 

16 public facilities, and with youth education 

17 and employment training programs; 

18 ‘‘(iv) a description of the proposed site 

19 for the proposed program; 

20 ‘‘(v) a description of the educational 

21 and job training activities, work opportuni22 ties, postsecondary education and training 

23 opportunities, and other services that will 

24 be provided to participants, and how those 

25 activities, opportunities, and services will 


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1 prepare youth for employment in occupa2 tions in demand in the labor market area 

3 described in clause (i); 

4 ‘‘(vi) a description of the proposed re5 habilitation or construction activities to be 

6 undertaken under the grant and the antici7 pated schedule for carrying out such activi8 ties; 

9 ‘‘(vii) a description of the manner in 

10 which eligible youth will be recruited and 

11 selected as participants, including a de12 scription of arrangements that will be 

13 made with local boards, one-stop operators, 

14 community- and faith-based organizations, 

15 State educational agencies or local edu16 cational agencies (including agencies of In17 dian tribes), public assistance agencies, the 

18 courts of jurisdiction, agencies operating 

19 shelters for homeless individuals and other 

20 agencies that serve youth who are homeless 

21 individuals, foster care agencies, and other 

22 appropriate public and private agencies; 

23 ‘‘(viii) a description of the special out24 reach efforts that will be undertaken to re25 cruit eligible young women (including 


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1 young women with dependent children) as 

2 participants; 

3 ‘‘(ix) a description of the specific role 

4 of employers in the proposed program, 

5 such as their role in developing the pro6 posed program and assisting in service pro7 vision and in placement activities; 

8 ‘‘(x) a description of how the proposed 

9 program will be coordinated with other 

10 Federal, State, and local activities and ac11 tivities conducted by Indian tribes, such as 

12 local workforce investment activities, voca13 tional education programs, adult and lan14 guage instruction educational programs, 

15 activities conducted by public schools, ac16 tivities, conducted by community colleges, 

17 national service programs, and other job 

18 training provided with funds available 

19 under this title; 

20 ‘‘(xi) assurances that there will be a 

21 sufficient number of adequately trained su22 pervisory personnel in the proposed pro23 gram; 

24 ‘‘(xii) a description of results to be 

25 achieved with respect to common indicators 


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1 of performance for youth and lifelong 

2 learning, as identified by the Secretary; 

3 ‘‘(xiii) a description of the applicant’s 

4 relationship with local building trade 

5 unions regarding their involvement in 

6 training to be provided through the pro7 posed program, the relationship of the pro8 posed program to established registered 

9 apprenticeship programs and employers, 

10 and the ability of the applicant to grant in11 dustry-recognized skill certification 

12 through the program; 

13 ‘‘(xiv) a description of activities that 

14 will be undertaken to develop the leader15 ship skills of participants; 

16 ‘‘(xv) a detailed budget and a descrip17 tion of the system of fiscal controls, and 

18 auditing and accountability procedures, 

19 that will be used to ensure fiscal soundness 

20 for the proposed program; 

21 ‘‘(xvi) a description of the commit22 ments for any additional resources (in ad23 dition to the funds made available through 

24 the grant) to be made available to the pro25 posed program from— 


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1 ‘‘(I) the applicant; 

2 ‘‘(II) recipients of other Federal, 

3 State or local housing and community 

4 development assistance who will spon5 sor any part of the rehabilitation, con6 struction, operation and maintenance, 

7 or other housing and community de8 velopment activities undertaken as 

9 part of the proposed program; or 

10 ‘‘(III) entities carrying out other 

11 Federal, State, or local activities or 

12 activities conducted by Indian tribes, 

13 including vocational education pro14 grams, adult and language instruction 

15 educational programs, and job train16 ing provided with funds available 

17 under this title; 

18 ‘‘(xvii) information identifying, and a 

19 description of, the financing proposed for 

20 any— 

21 ‘‘(I) rehabilitation of the property 

22 involved; 

23 ‘‘(II) acquisition of the property; 

24 or 


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1 ‘‘(III) construction of the prop2 erty; 

3 ‘‘(xviii) information identifying, and a 

4 description of, the entity that will operate 

5 and manage the property; 

6 ‘‘(xix) information identifying, and a 

7 description of, the data collection systems 

8 to be used; 

9 ‘‘(xx) a certification, by a public offi10 cial responsible for the housing strategy 

11 for the State or unit of general local gov12 ernment within which the proposed pro13 gram is located, that the proposed program 

14 is consistent with the housing strategy; 

15 and 

16 ‘‘(xxi) a certification that the appli17 cant will comply with the requirements of 

18 the Fair Housing Act (42 U.S.C. 3601 et 

19 seq.) and will affirmatively further fair 

20 housing. 

21 ‘‘(4) SELECTION CRITERIA.—For an applicant 

22 to be eligible to receive a grant under this sub23 section, the applicant and the applicant’s proposed 

24 program shall meet such selection criteria as the 


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1 Secretary shall establish under this section, which 

2 shall include criteria relating to— 

3 ‘‘(A) the qualifications or potential capa4 bilities of an applicant; 

5 ‘‘(B) an applicant’s potential for devel6 oping a successful YouthBuild program; 

7 ‘‘(C) the need for an applicant’s proposed 

8 program, as determined by the degree of eco9 nomic distress of the community from which 

10 participants would be recruited (measured by 

11 indicators such as poverty, youth unemploy12 ment, and the number of individuals who have 

13 dropped out of secondary school) and of the 

14 community in which the housing and public fa15 cilities proposed to be rehabilitated or con16 structed is located (measured by indicators such 

17 as incidence of homelessness, shortage of af18 fordable housing, and poverty); 

19 ‘‘(D) the commitment of an applicant to 

20 providing skills training, leadership develop21 ment, and education to participants; 

22 ‘‘(E) the focus of a proposed program on 

23 preparing youth for occupations in demand or 

24 postsecondary education and training opportu25 nities; 


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1 ‘‘(F) the extent of an applicant’s coordina2 tion of activities to be carried out through the 

3 proposed program with local boards, one-stop 

4 operators, and one-stop partners participating 

5 in the operation of the one-stop delivery system 

6 involved, or the extent of the applicant’s good 

7 faith efforts in achieving such coordination; 

8 ‘‘(G) the extent of the applicant’s coordina9 tion of activities with public education, criminal 

10 justice, housing and community development, 

11 national service, or postsecondary education or 

12 other systems that relate to the goals of the 

13 proposed program; 

14 ‘‘(H) the extent of an applicant’s coordina15 tion of activities with employers in the local 

16 area involved; 

17 ‘‘(I) the extent to which a proposed pro18 gram provides for inclusion of tenants who were 

19 previously homeless individuals in the rental 

20 housing provided through the program; 

21 ‘‘(J) the commitment of additional re22 sources (in addition to the funds made available 

23 through the grant) to a proposed program by— 

24 ‘‘(i) an applicant; 


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1 ‘‘(ii) recipients of other Federal, 

2 State, or local housing and community de3 velopment assistance who will sponsor any 

4 part of the rehabilitation, construction, op5 eration and maintenance, or other housing 

6 and community development activities un7 dertaken as part of the proposed program; 

8 or 

9 ‘‘(iii) entities carrying out other Fed10 eral, State, or local activities or activities 

11 conducted by Indian tribes, including voca12 tional education programs, adult and lan13 guage instruction educational programs, 

14 and job training provided with funds avail15 able under this title; 

16 ‘‘(K) the applicant’s potential to serve dif17 ferent regions, including rural areas and States 

18 that have not previously received grants for 

19 YouthBuild programs; and 

20 ‘‘(L) such other factors as the Secretary 

21 determines to be appropriate for purposes of 

22 carrying out the proposed program in an effec23 tive and efficient manner. 

24 ‘‘(5) APPROVAL.—To the extent practicable, the 

25 Secretary shall notify each applicant, not later than 


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1 5 months after the date of receipt of the application 

2 by the Secretary, whether the application is ap3 proved or not approved. 

4 ‘‘(d) USE OF HOUSING UNITS.—Residential housing 

5 units rehabilitated or constructed using funds made avail6 able under subsection (c) shall be available solely— 

7 ‘‘(1) for rental by, or sale to, homeless individ8 uals or low-income families; or 

9 ‘‘(2) for use as transitional or permanent hous10 ing, for the purpose of assisting in the movement of 

11 homeless individuals to independent living. 

12 ‘‘(e) ADDITIONAL PROGRAM REQUIREMENTS.— 

13 ‘‘(1) ELIGIBLE PARTICIPANTS.— 

14 ‘‘(A) IN GENERAL.—Except as provided in 

15 subparagraph (B), an individual may partici16 pate in a YouthBuild program only if such indi17 vidual is— 

18 ‘‘(i) not less than age 16 and not 

19 more than age 24, on the date of enroll20 ment; 

21 ‘‘(ii) a member of a low-income fam22 ily, a youth in foster care (including youth 

23 aging out of foster care), a youth offender, 

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1 ability, a child of incarcerated parents, or 

2 a migrant youth; and 

3 ‘‘(iii) a school dropout. 

4 ‘‘(B) EXCEPTION FOR INDIVIDUALS NOT

5 MEETING INCOME OR EDUCATIONAL NEED RE6 QUIREMENTS.—Not more than 25 percent of 

7 the participants in such program may be indi8 viduals who do not meet the requirements of 

9 clause (ii) or (iii) of subparagraph (A), but 

10 who— 

11 ‘‘(i) are basic skills deficient, despite 

12 attainment of a secondary school diploma 

13 or its equivalent; or 

14 ‘‘(ii) have been referred by a local sec15 ondary school for participation in a 

16 YouthBuild program leading to the attain17 ment of a secondary school diploma. 

18 ‘‘(2) PARTICIPATION LIMITATION.—An eligible 

19 individual selected for participation in a YouthBuild 

20 program shall be offered full-time participation in 

21 the program for a period of not less than 6 months 

22 and not more than 24 months. 

23 ‘‘(3) MINIMUM TIME DEVOTED TO EDU24 CATIONAL SERVICES AND ACTIVITIES.—A 

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1 section (c) shall be structured so that participants in 

2 the program are offered— 

3 ‘‘(A) services and activities designed to 

4 meet educational needs, such as those specified 

5 in clauses (iv) through (vii) of subsection 

6 (c)(2)(A), during at least 50 percent of the time 

7 during which the participants participate in the 

8 program; and 

9 ‘‘(B) work and skill development activities 

10 such as those specified in clauses (i), (ii), (iii), 

11 and (viii) of subsection (c)(2)(A), during at 

12 least 40 percent of the time during which the 

13 participants participate in the program. 

14 ‘‘(4) AUTHORITY RESTRICTION.—No provision 

15 of this section may be construed to authorize any 

16 agency, officer, or employee of the United States to 

17 exercise any direction, supervision, or control over 

18 the curriculum, program of instruction, administra19 tion, or personnel of any educational institution (in20 cluding a school) or school system, or over the selec21 tion of library resources, textbooks, or other printed 

22 or published instructional materials by any edu23 cational institution or school system. 

24 ‘‘(5) STATE AND LOCAL STANDARDS.—All edu25 cational programs and activities supported with 


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1 funds provided under subsection (c) shall be con2 sistent with applicable State and local educational 

3 standards. Standards and procedures for the pro4 grams and activities that relate to awarding aca5 demic credit for and certifying educational attain6 ment in such programs and activities shall be con7 sistent with applicable State and local educational 

8 standards. 

9 ‘‘(f) MANAGEMENT AND TECHNICAL ASSISTANCE.— 

10 ‘‘(1) SECRETARY ASSISTANCE.—The Secretary 

11 may enter into contracts with 1 or more entities to 

12 provide assistance to the Secretary in the manage13 ment, supervision, and coordination of the program 

14 carried out under this section. 

15 ‘‘(2) TECHNICAL ASSISTANCE.— 

16 ‘‘(A) CONTRACTS AND GRANTS.—The Sec17 retary shall enter into contracts with or make 

18 grants to 1 or more qualified national nonprofit 

19 agencies, in order to provide training, informa20 tion, technical assistance, and data manage21 ment to recipients of grants under subsection 

22 (c). 

23 ‘‘(B) RESERVATION OF FUNDS.—Of the 

24 amounts available under subsection (h) to carry 

25 out this section for a fiscal year, the Secretary 


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1 shall reserve 5 percent to carry out subpara2 graph (A). 

3 ‘‘(3) CAPACITY BUILDING GRANTS.— 

4 ‘‘(A) IN GENERAL.—In each fiscal year, 

5 the Secretary may use not more than 3 percent 

6 of the amounts available under subsection (h) 

7 to award grants to 1 or more qualified national 

8 nonprofit agencies to pay for the Federal share 

9 of the cost of capacity building activities. 

10 ‘‘(B) FEDERAL SHARE.—The Federal 

11 share of the cost described in subparagraph (A) 

12 shall be 25 percent. The non-Federal share 

13 shall be provided from private sources. 

14 ‘‘(g) SUBGRANTS AND CONTRACTS.—Each recipient 

15 of a grant under subsection (c) to carry out a YouthBuild 

16 program shall provide the services and activities described 

17 in this section directly or through subgrants, contracts, 

18 or other arrangements with local educational agencies, 

19 postsecondary educational institutions, State or local 

20 housing development agencies, other public agencies, in21 cluding agencies of Indian tribes, or private organizations. 

22 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— 

23 ‘‘(1) IN GENERAL.—There are authorized to be 

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1 quent fiscal year such sums as may be necessary to 

2 carry out this section. 

3 ‘‘(2) FISCAL YEAR.—Notwithstanding section 

4 189(g), appropriations for any fiscal year for pro5 grams and activities carried out under this section 

6 shall be available for obligation only on the basis of 

7 a fiscal year.’’. 

8 (b) CLERICAL AMENDMENT.—Section 1(b) of the 

9 Workforce Investment Act of 1998 (relating to the table 

10 of contents) is amended by inserting before the item relat11 ing to section 174 the following: 

‘‘Sec. 173A. YouthBuild program.’’. 

12 (c) EXCEPTION TO PROGRAM YEAR APPROPRIATION

13 CYCLE REQUIREMENT.—Section 189(g)(1)(A) of the 

14 Workforce Investment Act of 1998 (29 U.S.C. 

15 2939(g)(1)(A)) is amended by inserting ‘‘and section 

16 173A’’ after ‘‘Except as provided in subparagraph (B)’’. 

17 (d) CONFORMING AMENDMENTS.— 

18 (1) Section 3 of the Housing and Urban Devel19 opment Act of 1968 (12 U.S.C. 1701u) is amended 

20 in paragraphs (1)(B)(iii) and (2)(B) of subsection 

21 (c), and paragraphs (1)(B)(iii) and (2)(B) of sub22 section (d), by striking ‘‘Youthbuild’’ and all that 

23 follows and inserting ‘‘YouthBuild programs receiv24 ing assistance under section 173A of the Workforce 

25 Investment Act of 1998.’’. 


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1 (2) Section 507(b) of the Native American 

2 Housing Assistance and Self-Determination Act of 

3 1996 (25 U.S.C. 4183(b)) is amended by striking 

4 ‘‘subtitle D of title IV of the Cranston-Gonzalez Na5 tional Affordable Housing Act,’’. 

6 (3) Section 402 of the Cranston-Gonzalez Na7 tional Affordable Housing Act (42 U.S.C. 12870) is 

8 amended by striking the second sentence of sub9 sections (a) and (b). 

10 (e) REPEAL OF PROVISIONS.—Subtitle D of title IV 

11 of the Cranston-Gonzalez National Affordable Housing 

12 Act (42 U.S.C. 12899 et seq.) is repealed. 

13 (f) EFFECTIVE DATE.—This section and the amend14 ments made by this section take effect on the earlier of— 

15 (1) the date of enactment of this Act; and 

16 (2) September 30, 2006. 

17 SEC. 3. TRANSFER OF FUNCTIONS AND SAVINGS PROVI18 SIONS. 

19 (a) DEFINITIONS.—For purposes of this section, un20 less otherwise provided or indicated by the context— 

21 (1) the term ‘‘Federal agency’’ has the meaning 

22 given to the term ‘‘agency’’ by section 551(1) of title 

23 5, United States Code; 


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1 (2) the term ‘‘function’’ means any duty, obli2 gation, power, authority, responsibility, right, privi3 lege, activity, or program; and 

4 (3) the term ‘‘office’’ includes any office, ad5 ministration, agency, institute, unit, organizational 

6 entity, or component thereof. 

7 (b) TRANSFER OF FUNCTIONS.—There are trans8 ferred to the Department of Labor all functions which the 

9 Secretary of Housing and Urban Development exercised 

10 before the effective date of this section (including all re11 lated functions of any officer or employee of the Depart12 ment of Housing and Urban Development) relating to sub13 title D of title IV of the Cranston-Gonzalez National Af14 fordable Housing Act (42 U.S.C. 12899 et seq.). 

15 (c) DETERMINATIONS OF CERTAIN FUNCTIONS BY

16 THE OFFICE OF MANAGEMENT AND BUDGET.—If nec17 essary, the Office of Management and Budget shall make 

18 any determination of the functions that are transferred 

19 under subsection (b). 

20 (d) PERSONNEL PROVISIONS.— 

21 (1) APPOINTMENTS.—The Secretary of Labor 

22 may appoint and fix the compensation of such offi23 cers and employees, including investigators, attor24 neys, and administrative law judges, as may be nec25 essary to carry out the respective functions transVerDate Aug 31 2005 22:15 Jun 20, 2006 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S3534.PCS S3534

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1 ferred under this section. Except as otherwise pro2 vided by law, such officers and employees shall be 

3 appointed in accordance with the civil service laws 

4 and their compensation fixed in accordance with title 

5 5, United States Code. 

6 (2) EXPERTS AND CONSULTANTS.—The Sec7 retary of Labor may obtain the services of experts 

8 and consultants in accordance with section 3109 of 

9 title 5, United States Code, and compensate such ex10 perts and consultants for each day (including travel11 time) at rates not in excess of the rate of pay for 

12 level IV of the Executive Schedule under section 

13 5315 of such title. The Secretary of Labor may pay 

14 experts and consultants who are serving away from 

15 their homes or regular place of business travel ex16 penses and per diem in lieu of subsistence at rates 

17 authorized by sections 5702 and 5703 of such title 

18 for persons in Government service employed inter19 mittently. 

20 (e) DELEGATION AND ASSIGNMENT.—Except where 

21 otherwise expressly prohibited by law or otherwise pro22 vided by this section, the Secretary of Labor may delegate 

23 any of the functions transferred to the Secretary of Labor 

24 by this section and any function transferred or granted 

25 to the Secretary of Labor after the effective date of this 


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1 section to such officers and employees of the Department 

2 of Labor as the Secretary of Labor may designate, and 

3 may authorize successive redelegations of such functions 

4 as may be necessary or appropriate. No delegation of func5 tions by the Secretary of Labor under this subsection or 

6 under any other provision of this section shall relieve the 

7 Secretary of Labor of responsibility for the administration 

8 of such functions. 

9 (f) REORGANIZATION.—The Secretary of Labor is 

10 authorized to allocate or reallocate any function trans11 ferred under subsection (b) among the officers of the De12 partment of Labor, and to establish, consolidate, alter, or 

13 discontinue such organizational entities in the Department 

14 of Labor as may be necessary or appropriate. 

15 (g) RULES.—The Secretary of Labor is authorized to 

16 prescribe, in accordance with the provisions of chapters 

17 5 and 6 of title 5, United States Code, such rules and 

18 regulations as the Secretary of Labor determines nec19 essary or appropriate to administer and manage the func20 tions of the Department of Labor. 

21 (h) TRANSFER AND ALLOCATIONS OF APPROPRIA22 TIONS.—Except as otherwise provided in this section, the 

23 assets, liabilities, grants, contracts, property, records, and 

24 unexpended balances of appropriations, authorizations, al25 locations, and other funds used, held, arising from, availVerDate Aug 31 2005 22:15 Jun 20, 2006 Jkt 049200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S3534.PCS S3534

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1 able to, or to be made available in connection with the 

2 functions transferred by this section, subject to section 

3 1531 of title 31, United States Code, shall be transferred 

4 to the Department of Labor. Unexpended funds trans5 ferred pursuant to this subsection shall be used only for 

6 the purposes for which the funds were originally author7 ized and appropriated. 

8 (i) TRANSFERS.—The Director of the Office of Man9 agement and Budget, at such time or times as the Direc10 tor shall provide, is authorized to make such determina11 tions as may be necessary with regard to the functions 

12 transferred by this section, and to make such dispositions 

13 of assets, liabilities, grants, contracts, property, records, 

14 and unexpended balances of appropriations, authoriza15 tions, allocations, and other funds used, held, arising from, 

16 available to, or to be made available in connection with 

17 such functions, subject to section 1531 of title 31, United 

18 States Code, as may be necessary to carry out the provi19 sions of this section. The Director of the Office of Manage20 ment and Budget shall provide for the termination of the 

21 affairs of all entities terminated by this section and for 

22 such further measures and dispositions as may be nec23 essary to effectuate the purposes of this section. 

24 (j) SAVINGS PROVISIONS.— 


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1 (1) CONTINUING EFFECT OF LEGAL DOCU2 MENTS.—All orders, determinations, rules, regula3 tions, permits, agreements, grants, contracts, certifi4 cates, licenses, registrations, privileges, and other 

5 administrative actions— 

6 (A) which have been issued, made, grant7 ed, or allowed to become effective by the Presi8 dent, any Federal agency or official thereof, or 

9 by a court of competent jurisdiction, in the per10 formance of functions which are transferred 

11 under this section; and 

12 (B) which are in effect at the time this 

13 section takes effect, or were final before the ef14 fective date of this section and are to become 

15 effective on or after the effective date of this 

16 section, 

17 shall continue in effect according to their terms until 

18 modified, terminated, superseded, set aside, or re19 voked in accordance with law by the President, the 

20 Secretary of Labor or other authorized official, a 

21 court of competent jurisdiction, or by operation of 

22 law. 

23 (2) PROCEEDINGS NOT AFFECTED.—The provi24 sions of this section shall not affect any proceedings, 

25 including notices of proposed rulemaking, or any apVerDate Aug 31 2005 22:15 Jun 20, 2006 Jkt 049200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S3534.PCS S3534

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1 plication for any license, permit, certificate, or finan2 cial assistance pending before the Department of 

3 Housing and Urban Development at the time this 

4 section takes effect, with respect to functions trans5 ferred by this section but such proceedings and ap6 plications shall be continued. Orders shall be issued 

7 in such proceedings, appeals shall be taken there8 from, and payments shall be made pursuant to such 

9 orders, as if this section had not been enacted, and 

10 orders issued in any such proceedings shall continue 

11 in effect until modified, terminated, superseded, or 

12 revoked by a duly authorized official, by a court of 

13 competent jurisdiction, or by operation of law. Noth14 ing in this paragraph shall be deemed to prohibit the 

15 discontinuance or modification of any such pro16 ceeding under the same terms and conditions and to 

17 the same extent that such proceeding could have 

18 been discontinued or modified if this section had not 

19 been enacted. 

20 (3) SUITS NOT AFFECTED.—The provisions of 

21 this section shall not affect suits commenced before 

22 the effective date of this section, and in all such 

23 suits, proceedings shall be had, appeals taken, and 

24 judgments rendered in the same manner and with 


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1 the same effect as if this section had not been en2 acted. 

3 (4) NONABATEMENT OF ACTIONS.—No suit, ac4 tion, or other proceeding commenced by or against 

5 the Department of Housing and Urban Develop6 ment, or by or against any individual in the official 

7 capacity of such individual as an officer of the De8 partment of Housing and Urban Development, shall 

9 abate by reason of the enactment of this section. 

10 (5) ADMINISTRATIVE ACTIONS RELATING TO

11 PROMULGATION OF REGULATIONS.—Any administra12 tive action relating to the preparation or promulga13 tion of a regulation by the Department of Housing 

14 and Urban Development relating to a function 

15 transferred under this section may be continued by 

16 the Department of Labor with the same effect as if 

17 this section had not been enacted. 

18 (k) SEPARABILITY.—If a provision of this section or 

19 its application to any person or circumstance is held in20 valid, neither the remainder of this section nor the applica21 tion of the provision to other persons or circumstances 

22 shall be affected. 

23 (l) TRANSITION.—The Secretary of Labor is author24 ized to utilize— 


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1 (1) the services of such officers, employees, and 

2 other personnel of the Department of Housing and 

3 Urban Development with respect to functions trans4 ferred to the Department of Labor by this section; 

5 and 

6 (2) funds appropriated to such functions for 

7 such period of time, 

8 as may reasonably be needed to facilitate the orderly im9 plementation of this section. 

10 (m) ACCOMPLISHING ORDERLY TRANSFER.—Con11 sistent with the requirements of this section, the Secretary 

12 of Labor and the Secretary of Housing and Urban Devel13 opment shall take such actions as the Secretaries deter14 mine are appropriate to accomplish the orderly transfer 

15 of functions as described in subsection (b). 

16 (n) ADMINISTRATION OF PRIOR GRANTS.—Notwith17 standing any other provision of this Act, grants awarded 

18 under subtitle D of title IV of the Cranston-Gonzalez Na19 tional Affordable Housing Act (42 U.S.C. 12899 et seq.) 

20 with funds appropriated for fiscal year 2006 or a pre21 ceding fiscal year shall be subject to the continuing au22 thority of the Secretary of Housing and Urban Develop23 ment under the provisions of such subtitle, as in effect 

24 on the day before the date of enactment of this Act, until 

25 the authority to expend applicable funds for the grants, 


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1 as specified by the Secretary of Housing and Urban Devel2 opment, has expired and the Secretary has completed the 

3 administrative responsibilities associated with the grants. 

4 (o) REFERENCES.—A reference in any other Federal 

5 law, Executive order, rule, regulation, or delegation of au6 thority, or any document of or relating to— 

7 (1) the Secretary of Housing and Urban Devel8 opment with regard to functions transferred under 

9 subsection (b), shall be deemed to refer to the Sec10 retary of Labor; and 

11 (2) the Department of Housing and Urban De12 velopment with regard to functions transferred 

13 under subsection (b), shall be deemed to refer to the 

14 Department of Labor. 

15 (p) EFFECTIVE DATE.—This section takes effect on 

16 the earlier of— 

17 (1) the date of enactment of this Act; and 

18 (2) September 30, 2006. 


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Calendar No. 472 

109TH CONGRESS 

2D SESSION S. 3534 

A BILL 

To amend the Workforce Investment Act of 1998 

to provide for a YouthBuild program. 

JUNE 19, 2006 

Read the second time and placed on the calendar 


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