II 

109TH CONGRESS 

1ST SESSION S. 1999 

To amend the Workforce Investment Act of 1998 to transfer the YouthBuild 

program from the Department of Housing and Urban Development to 

the Department of Labor, to enhance the program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 10, 2005 

Mr. KERRY introduced the following bill; which was read twice and referred 

to the Committee on Banking, Housing, and Urban Affairs 

A BILL 

To amend the Workforce Investment Act of 1998 to transfer 

the YouthBuild program from the Department of Housing and Urban Development to the Department of Labor, 

to enhance the program, and for other purposes. 

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 of 2005’’. 
2 

•S 1999 IS 

1 SEC. 2. REPEAL OF PROVISIONS. 

2 Subtitle D of title IV of the Cranston-Gonzalez Na3 tional Affordable Housing Act (42 U.S.C. 12899 et seq.) 

4 is hereby repealed. 

5 SEC. 3. ESTABLISHMENT OF YouthBuild PROGRAM IN THE 

6 DEPARTMENT OF LABOR. 

7 The Workforce Investment Act of 1998 (Public Law 

8 105–220) is amended by adding at the end the following: 

9 ‘‘TITLE VI—YOUTHBUILD 

10 PROGRAM 

11 ‘‘SEC. 601. YouthBuild Program. 

12 ‘‘(a) STATEMENT OF PURPOSE.—It is the purpose of 

13 this section— 

14 ‘‘(1) to enable economically disadvantaged 

15 young adults to obtain— 

16 ‘‘(A) the education and employment skills 

17 necessary to achieve economic self-sufficiency in 

18 occupations in demand; and 

19 ‘‘(B) post-secondary education and train20 ing opportunities; 

21 ‘‘(2) to provide economically disadvantaged 

22 young adults with opportunities for meaningful work 

23 and service to their communities; 

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

25 and leadership skills and commitment to community 
3 

•S 1999 IS 

1 development among young adults in low-income com2 munities; and 

3 ‘‘(4) to expand the supply of permanent afford4 able housing for homeless individuals and members 

5 of low- and very low-income families by utilizing the 

6 energies and talents of economically disadvantaged 

7 young adults. 

8 ‘‘(b) DEFINITIONS.—For purposes of this section, the 

9 following definitions shall apply: 

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

11 income’ has the meaning given the term in section 

12 3(b) of the United States Housing Act of 1937 (42 

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

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

15 a public or private nonprofit or organization, includ16 ing— 

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

18 ‘‘(B) a faith-based organization; 

19 ‘‘(C) entities carrying out activities under 

20 this title, such as local boards and one-stop op21 erators; 

22 ‘‘(D) a community action agency; 

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

24 agency; 
4 

•S 1999 IS 

1 ‘‘(F) a community development corpora2 tion; 

3 ‘‘(G) a State or local youth service or con4 servation corps; 

5 ‘‘(H) an Indian tribe; and 

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

7 education and employment training under other 

8 Federal employment training programs. 

9 ‘‘(3) FAITH-BASED ORGANIZATION.—The term 

10 ‘faith-based organization’ means any organization 

11 the founding, governance, or membership of which is 

12 derived from a religious institution or religiously-af13 filiated entity. 

14 ‘‘(4) HOMELESS INDIVIDUAL.—The term 

15 ‘homeless individual’ has the same meaning as in 

16 section 103 of the Stewart B. McKinney Homeless 

17 Assistance Act (42 U.S.C. 11302). 

18 ‘‘(5) HOUSING DEVELOPMENT AGENCY.—The 

19 term ‘housing development agency’ means any agen20 cy of a State or local government, or any private 

21 nonprofit organization that is engaged in providing 

22 housing for homeless or low-income families. 

23 ‘‘(6) INCOME.—For purposes of this section, 

24 the term ‘income’ has the same meaning as in sec-
5 

•S 1999 IS 

1 tion 3(b) of the United States Housing Act of 1937 

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

3 ‘‘(7) INDIAN TRIBE.—The term ‘Indian tribe’ 

4 has the same meaning as in section 4(e) of the In5 dian Self-Determination and Education Assistance 

6 Act (25 U.S.C. 450b(e)). 

7 ‘‘(8) INDIVIDUAL OF LIMITED-ENGLISH PRO8 FICIENCY.—The term ‘individual of limited-English 

9 proficiency’ means an eligible participant under this 

10 section who meets the criteria set forth in section 

11 203(10) of the Adult Education and Family Lit12 eracy Act (20 U.S.C. 9202(10)). 

13 ‘‘(9) LOW-INCOME FAMILY.—The term ‘low-in14 come family’ has the same meaning as in section 

15 3(b) of the United States Housing Act of 1937 (42 

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

17 ‘‘(10) QUALIFIED NONPROFIT OR PUBLIC AGEN18 CY.—The term ‘qualified nonprofit or public agency’ 

19 means any nonprofit agency that has significant 

20 prior national experience providing information, 

21 training, technical assistance, and data management 

22 to YouthBuild programs or similar projects, and 

23 that has the current capacity to provide such serv24 ices. 
6 

•S 1999 IS 

1 ‘‘(11) RELATED FACILITIES.—The term ‘re2 lated facilities’ includes cafeterias or dining halls, 

3 community rooms or buildings, appropriate recre4 ation facilities, and other essential service facilities. 

5 ‘‘(12) REGISTERED APPRENTICESHIP.—The 

6 term ‘registered apprenticeship’ means an appren7 ticeship program— 

8 ‘‘(A) registered under the National Ap9 prenticeship Act (29 U.S.C. 50 et seq.); and 

10 ‘‘(B) that meets other criteria that may be 

11 established by the Secretary under this section. 

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

13 ‘transitional housing’— 

14 ‘‘(A) means a project that has as its pur15 pose facilitating the movement of homeless indi16 viduals and families to independent living with17 in a reasonable amount of time; and 

18 ‘‘(B) includes housing primarily designed 

19 to serve deinstitutionalized homeless individuals 

20 and other homeless individuals with mental or 

21 physical disabilities and homeless families with 

22 children. 

23 ‘‘(14) VERY LOW-INCOME FAMILY.—The term 

24 ‘very low-income family’ has the same meaning as in 
7 

•S 1999 IS 

1 section 3(b) of the United States Housing Act of 

2 1937 (42 U.S.C. 1437a(b)). 

3 ‘‘(15) YOUTHBUILD PROGRAM.—The term 

4 ‘YouthBuild program’ means any program that re5 ceives assistance under this section and provides dis6 advantaged youth with opportunities for employ7 ment, education, leadership development, and train8 ing in the construction or rehabilitation of housing 

9 for homeless individuals, members of low- and very 

10 low-income families, and public facilities. 

11 ‘‘(c) YOUTHBUILD GRANTS.— 

12 ‘‘(1) AMOUNT OF GRANTS.—The Secretary is 

13 authorized to make grants to applicants for the pur14 pose of carrying out YouthBuild programs approved 

15 under this section. 

16 ‘‘(2) ELIGIBLE ACTIVITIES.—Grants under this 

17 section shall be used to carry out YouthBuild pro18 grams, which may include— 

19 ‘‘(A) education and workforce investment 

20 activities, including— 

21 ‘‘(i) work experience and skills train22 ing, coordinated, to the maximum extent 

23 feasible, with pre-apprenticeship and reg24 istered apprenticeship programs, in the 
8 

•S 1999 IS 

1 construction and rehabilitation activities 

2 described in subparagraphs (B) and (C); 

3 ‘‘(ii) occupational skills training; 

4 ‘‘(iii) other paid and unpaid work ex5 periences, including internships and job 

6 shadowing; 

7 ‘‘(iv) services and activities designed 

8 to meet the educational needs of partici9 pants, including— 

10 ‘‘(I) basic skills instruction and 

11 remedial education; 

12 ‘‘(II) language instruction edu13 cational programs for individuals with 

14 limited-English proficiency; 

15 ‘‘(III) secondary education serv16 ices and activities, including tutoring, 

17 study skills training, and drop-out 

18 prevention activities, designed to lead 

19 to the attainment of a secondary 

20 school diploma or its equivalent; 

21 ‘‘(IV) counseling and assistance 

22 in obtaining post-secondary education 

23 and required financial aid; and 

24 ‘‘(V) alternative secondary school 

25 services; 
9 

•S 1999 IS 

1 ‘‘(v) counseling services and related 

2 activities, such as comprehensive guidance 

3 and counseling on drug and alcohol abuse 

4 and referral; 

5 ‘‘(vi) activities designed to develop 

6 employment and leadership skills, which 

7 may include community service and peer8 centered activities encouraging responsi9 bility and other positive social behaviors, 

10 and youth policy committees that partici11 pate in decision-making related to the pro12 gram; 

13 ‘‘(vii) supportive services and need14 based stipends necessary to enable individ15 uals to participate in the program and, for 

16 a period not to exceed 12 months after 

17 completion of training, to assist partici18 pants through supportive services in ob19 taining or retraining employment or ob20 taining or completing post-secondary edu21 cation placement; and 

22 ‘‘(viii) job search and placement as23 sistance; 

24 ‘‘(B) supervision and training for partici25 pants in the rehabilitation or construction of 
10 

•S 1999 IS 

1 housing and related facilities, including residen2 tial housing for homeless individuals and low3 and very low-income families or transitional 

4 housing for persons who are homeless; 

5 ‘‘(C) supervision and training for partici6 pants in the rehabilitation or construction of 

7 community and public facilities, which shall not 

8 exceed 10 percent of funds appropriated to 

9 carry out this section; 

10 ‘‘(D) administrative costs of the applicant, 

11 which may not exceed 15 percent of the amount 

12 of assistance provided under this section; 

13 ‘‘(E) adult mentoring; 

14 ‘‘(F) wages, stipends, or benefits provided 

15 to participants, the receipt of which shall not— 

16 ‘‘(i) diminish the eligibility of an indi17 vidual for publicly supported child care or 

18 health care; and 

19 ‘‘(ii) be— 

20 ‘‘(I) counted as employment in21 come; or 

22 ‘‘(II) considered a liability under 

23 the Federal Insurance Contributions 

24 Act (26 U.S.C. 3101 et seq.); 
11 

•S 1999 IS 

1 ‘‘(G) ongoing training and technical assist2 ance to grant recipients that are related to de3 veloping and carrying out the YouthBuild pro4 gram; and 

5 ‘‘(H) follow-up services. 

6 ‘‘(3) APPLICATION.— 

7 ‘‘(A) FORM AND PROCEDURE.—Each ap8 plicant seeking a grant under this section shall 

9 submit an application to the Secretary at such 

10 time, in such manner, and containing such in11 formation as the Secretary may require. 

12 ‘‘(B) MINIMUM REQUIREMENTS.—The Sec13 retary shall require that an application contain, 

14 at a minimum— 

15 ‘‘(i) labor market information for the 

16 labor market area where the proposed pro17 gram will be implemented, including both 

18 current data and projections on career op19 portunities in growing industries; 

20 ‘‘(ii) a request for a grant, specifying 

21 the amount of the grant requested and its 

22 proposed uses; 

23 ‘‘(iii) a description of— 

24 ‘‘(I) the applicant and a state25 ment of its qualifications, including a 
12 

•S 1999 IS 

1 description of the relationship of the 

2 applicant with— 

3 ‘‘(aa) local boards; 

4 ‘‘(bb) one-stop operators; 

5 ‘‘(cc) local unions; 

6 ‘‘(dd) registered apprentice7 ship programs; and 

8 ‘‘(ee) other community 

9 groups and employers; and 

10 ‘‘(II) the past experience of the 

11 applicant with housing rehabilitation 

12 or construction, if any, and with 

13 youth education and employment 

14 training programs; 

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

16 for the program; 

17 ‘‘(v) a description of— 

18 ‘‘(I) the educational and job 

19 training activities; 

20 ‘‘(II) work opportunities; 

21 ‘‘(III) post-secondary education 

22 and training opportunities; 

23 ‘‘(IV) other services that will be 

24 provided to participants; and 
13 

•S 1999 IS 

1 ‘‘(V) how these activities will pre2 pare youth for employment in occupa3 tions in demand in the area to be 

4 served by the grant; 

5 ‘‘(vi) a description of the proposed 

6 construction or rehabilitation activities to 

7 be undertaken and the anticipated schedule 

8 for carrying out such activities; 

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

10 which eligible youths will be recruited and 

11 selected, including a description of ar12 rangements which will be made with— 

13 ‘‘(I) local boards; 

14 ‘‘(II) one-stop operators; 

15 ‘‘(III) community- and faith16 based organizations; and 

17 ‘‘(IV) State or local educational 

18 agencies, including agencies of— 

19 ‘‘(aa) Indian tribes; 

20 ‘‘(bb) public assistance agen21 cies; 

22 ‘‘(cc) the courts of jurisdic23 tion for status and youth offend24 ers; 
14 

•S 1999 IS 

1 ‘‘(dd) shelters for homeless 

2 individuals; and 

3 ‘‘(ee) other agencies that 

4 serve homeless youth, foster care 

5 agencies, and other appropriate 

6 public and private agencies; 

7 ‘‘(viii) a description of the special out8 reach efforts that will be undertaken to re9 cruit eligible young women, including 

10 young women with dependent children; 

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

12 of employers in the proposed program, 

13 such as their role in developing and assist14 ing the proposed program, in service provi15 sion, and in placement activities; 

16 ‘‘(x) a description of how youth edu17 cation and job training programs, local 

18 boards, one-stop operators, employers, and 

19 other key partners will collaborate in the 

20 proposed program; 

21 ‘‘(xi) a description of how the pro22 posed program would be coordinated with 

23 other Federal, State, and local activities 

24 and activities conducted by Indian tribes, 

25 such as— 
15 

•S 1999 IS 

1 ‘‘(I) vocational, adult, and lan2 guage instruction educational pro3 grams; 

4 ‘‘(II) public schools; 

5 ‘‘(III) community colleges; 

6 ‘‘(IV) national service programs; 

7 and 

8 ‘‘(V) other job training provided 

9 with funds available under this sec10 tion; 

11 ‘‘(xii) assurances that there will be a 

12 sufficient number of adequately trained su13 pervisory personnel in the program; 

14 ‘‘(xiii) a description of results to be 

15 achieved with respect to youth and lifelong 

16 learning common indicators of perform17 ance, as identified by the Secretary; 

18 ‘‘(xiv) a description of the relationship 

19 of the applicant with local building trade 

20 unions regarding their involvement in 

21 training, and the relationship of the 

22 YouthBuild program with established reg23 istered apprenticeship programs and em24 ployers; 
16 

•S 1999 IS 

1 ‘‘(xv) a description of activities that 

2 will be undertaken to develop the leader3 ship skills of participants; 

4 ‘‘(xvi) a detailed budget and a de5 scription of the system of fiscal controls 

6 and auditing and accountability procedures 

7 that will be used to ensure fiscal sound8 ness; 

9 ‘‘(xvii) a description of the commit10 ments— 

11 ‘‘(I) for any additional resources 

12 to be made available to the program 

13 from the applicant, from recipients of 

14 other Federal, State, or local housing 

15 and community development assist16 ance who will sponsor any part of the 

17 construction, rehabilitation, operation 

18 and maintenance, or other housing 

19 and community development activities 

20 undertaken as part of the program; or 

21 ‘‘(II) from other Federal, State, 

22 or local activities and activities con23 ducted by Indian tribes, including vo24 cational, adult and language instruc25 tion educational programs, and job 
17 

•S 1999 IS 

1 training provided with funds available 

2 under this section; 

3 ‘‘(xviii) identification and description 

4 of the financing proposed for any— 

5 ‘‘(I) rehabilitation; 

6 ‘‘(II) acquisition of the property; 

7 or 

8 ‘‘(III) construction; 

9 ‘‘(xix) identification and description of 

10 the entity that will operate and manage 

11 the property; 

12 ‘‘(xx) identification and description of 

13 the data collection systems to be used; 

14 ‘‘(xxi) a certification by a public offi15 cial responsible for the housing strategy of 

16 State or local government that the pro17 posed activities are consistent with the 

18 housing strategy of the State or unit of 

19 general local government within which the 

20 project is located; and 

21 ‘‘(xxii) a certification that the appli22 cant will comply with the requirements of 

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

24 seq.) and will affirmatively further fair 

25 housing. 
18 

•S 1999 IS 

1 ‘‘(4) SELECTION CRITERIA.—The Secretary 

2 shall establish selection criteria for assistance under 

3 this section, which shall include— 

4 ‘‘(A) the qualifications or potential capa5 bilities of the applicant; 

6 ‘‘(B) the potential for developing a success7 ful YouthBuild program; 

8 ‘‘(C) the need for the prospective project, 

9 as determined by the degree of economic dis10 tress of the community from which participants 

11 would be recruited, such as poverty, youth un12 employment, and the number of individuals who 

13 have dropped out of high school, and of the 

14 community in which the housing proposed to be 

15 constructed or rehabilitated would be located, 

16 such as incidence of homelessness, shortage of 

17 affordable housing, and poverty; 

18 ‘‘(D) the commitment of the applicant to 

19 providing skills training, leadership develop20 ment, and education to program participants; 

21 ‘‘(E) the focus of the prospective project 

22 on preparing youth— 

23 ‘‘(i) for occupations in demand; and 

24 ‘‘(ii) post-secondary education and 

25 training opportunities; 
19 

•S 1999 IS 

1 ‘‘(F) the extent of coordination with other 

2 entities in the workforce investment, public edu3 cation, criminal justice, housing development, 

4 national service, and higher education or other 

5 systems that relate to the goal of the 

6 YouthBuild program; 

7 ‘‘(G) the extent of coordination with em8 ployers in the local area; 

9 ‘‘(H) the inclusion of previously homeless 

10 tenants in the rental housing provided; 

11 ‘‘(I) the commitment of other resources to 

12 the program by— 

13 ‘‘(i) the applicant and by recipients of 

14 other Federal, State or local housing and 

15 community development assistance who 

16 will sponsor any part of the construction, 

17 rehabilitation, operation and maintenance, 

18 or other housing and community develop19 ment activities undertaken as part of the 

20 program; or 

21 ‘‘(ii) other Federal, State, or local ac22 tivities and activities conducted by Indian 

23 tribes, including vocational, adult, and lan24 guage instruction educational programs, 
20 

•S 1999 IS 

1 and job training provided with funds avail2 able under this section; 

3 ‘‘(J) the extent to which grants are distrib4 uted— 

5 ‘‘(i) to different regions including 

6 rural areas; and 

7 ‘‘(ii) to States that have not pre8 viously received YouthBuild grants; and 

9 ‘‘(K) such other factors as the Secretary 

10 determines to be appropriate for purposes of 

11 carrying out the program established by this 

12 section in an effective and efficient manner. 

13 ‘‘(5) APPROVAL.—The Secretary shall notify 

14 each applicant, not later than 4 months after the 

15 date of submission of the application by that appli16 cant, whether such application is approved or not 

17 approved. 

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

19 units constructed or rehabilitated using YouthBuild funds 

20 under this section shall be available solely— 

21 ‘‘(1) for rental by, or sale to, individuals or 

22 families earning less than 80 percent of the median 

23 adjusted income for the area; or 

24 ‘‘(2) for use as transitional or permanent hous25 ing with the purpose of assisting the movement of 
21 

•S 1999 IS 

1 homeless individuals and families to independent liv2 ing. 

3 ‘‘(e) ADDITIONAL PROGRAM REQUIREMENTS.— 

4 ‘‘(1) ELIGIBLE PARTICIPANTS.— 

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

6 subparagraph (B), an individual may partici7 pate in a YouthBuild program receiving assist8 ance under this section only if such individual 

9 is— 

10 ‘‘(i) 16 to 24 years of age, inclusive, 

11 at the time of enrollment; 

12 ‘‘(ii) a very low-income individual, a 

13 member of a very low-income family, a fos14 ter care youth (including youth aging out 

15 of foster care), a youth offender, a youth 

16 with a disability, a child of incarcerated 

17 parents, or a migrant youth; and 

18 ‘‘(iii) an individual who is a school 

19 dropout. 

20 ‘‘(B) EXCEPTION FOR INDIVIDUALS NOT

21 MEETING INCOME OR EDUCATIONAL NEED RE22 QUIREMENTS.—Not more than 25 percent of 

23 the participants in a YouthBuild program may 

24 be individuals who do not meet the require-
22 

•S 1999 IS 

1 ments of either clause (ii) or (iii) of subpara2 graph (A), but who— 

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

4 attainment of a secondary school diploma 

5 or its equivalent; or 

6 ‘‘(ii) have been referred by a local sec7 ondary school for participation in a 

8 YouthBuild program leading to the attain9 ment of a secondary school diploma. 

10 ‘‘(C) PARTICIPATION LIMITATION.—Any 

11 eligible individual selected for participation in a 

12 YouthBuild program shall be offered full-time 

13 participation for a period of not less than 6 

14 months and not more than 24 months. 

15 ‘‘(2) MINIMUM TIME DEVOTED TO EDU16 CATIONAL SERVICES AND ACTIVITIES.—A 

17 YouthBuild program receiving assistance under this 

18 section shall be structured so that not less than 40 

19 percent of the time offered to participants in the 

20 program is devoted to educational services and ac21 tivities, such as those specified in subparagraphs 

22 (A)(i), (B), and (C) of subsection (c)(2). 

23 ‘‘(3) AUTHORITY RESTRICTION.—No provision 

24 of this section may be construed to authorize any 

25 agency, officer, or employee of the United States to 
23 

•S 1999 IS 

1 exercise any direction, supervision, or control over 

2 the curriculum, program of instruction, administra3 tion, or personnel of any educational institution, 

4 school, or school system, or over the selection of li5 brary resources, textbooks, or other printed or pub6 lished instructional materials by any educational in7 stitution or school system. 

8 ‘‘(4) STATE AND LOCAL STANDARDS.— 

9 ‘‘(A) IN GENERAL.—All educational pro10 grams and activities supported with funds pro11 vided under this section shall be consistent with 

12 applicable State and local educational stand13 ards. 

14 ‘‘(B) ACADEMIC CREDIT.—Standards and 

15 procedures with respect to the awarding of aca16 demic credit and certifying educational attain17 ment in programs described under subpara18 graph (A) shall be consistent with applicable 

19 State and local educational standards. 

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

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

22 may enter into contracts with a qualified nonprofit 

23 or public agency or a private agency to provide as24 sistance to the Secretary in the management, super-
24 

•S 1999 IS 

1 vision, and coordination of YouthBuild programs re2 ceiving assistance under this section. 

3 ‘‘(2) TECHNICAL ASSISTANCE.— 

4 ‘‘(A) QUALIFIED NONPROFIT OR PUBLIC

5 AGENCY.—The Secretary shall enter into con6 tracts or grants with a qualified nonprofit or 

7 public agency or a private agency to provide ap8 propriate training, information, technical assist9 ance, and capacity building assistance to grant10 ees assisted under this section. 

11 ‘‘(B) YOUTHBUILD USA.—The Secretary 

12 may enter into contracts or grants with 

13 YouthBuild USA to provide the assistance de14 scribed in subparagraph (A). 

15 ‘‘(3) RESERVATION OF FUNDS.—In each fiscal 

16 year, the Secretary shall reserve 5 percent of the 

17 amounts available under this section pursuant to 

18 subsection (h) to carry out paragraph (2) of this 

19 subsection. 

20 ‘‘(4) CAPACITY BUILDING GRANT.—In each fis21 cal year, the Secretary may grant up to 3 percent 

22 of the amount available for activities under this sub23 title to YouthBuild USA for— 

24 ‘‘(A) capacity building activities; and 
25 

•S 1999 IS 

1 ‘‘(B) subgrants to organizations eligible for 

2 grants under this subtitle. 

3 ‘‘(g) SUBGRANTS AND CONTRACTS.—Each 

4 YouthBuild program shall carry out the services and ac5 tivities under this section directly or through arrange6 ments or under contracts and subgrants with local edu7 cational agencies, post-secondary educational institutions, 

8 State and local housing development agencies, or with 

9 other public agencies, including agencies of Indian tribes, 

10 and private organizations. 

11 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— 

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

13 appropriated for fiscal year 2006 and each fiscal 

14 year thereafter, such sums as may be necessary to 

15 carry out this section. 

16 ‘‘(2) AVAILABILITY.—Any appropriations for 

17 any fiscal year for programs and activities carried 

18 out under this section shall be available for obliga19 tion until expended.’’. 

20 SEC. 4. TRANSITION PROVISIONS. 

21 (a) IN GENERAL.—Consistent with the requirements 

22 of this section, the Secretary of Labor and the Secretary 

23 of Housing and Urban Development shall take such ac24 tions as the Secretaries determine are appropriate to ac25 complish the orderly transition of the YouthBuild program 
26 

•S 1999 IS 

1 from the authority provided under subtitle D of title IV 

2 of the National Affordable Housing Act to the authority 

3 provided under section 601 of the Workforce Investment 

4 Act of 1998, as amended by section 3 of this Act. 

5 (b) ADMINISTRATION OF PRIOR GRANTS.—Grants 

6 awarded under subtitle D of title IV of the National Af7 fordable Housing Act with funds appropriated for fiscal 

8 year 2005 or for fiscal years preceding fiscal year 2005 

9 shall be subject to the continuing authority of the Sec10 retary of Housing and Urban Development under the stat11 utory provisions in effect on September 30, 2005, until 

12 the authority to expend applicable funds, as specified by 

13 the Secretary of Housing and Urban Development, has ex14 pired and the closeout of such grants has been completed. 

15 (c) SAVINGS PROVISIONS.— 

16 (1) ADMINISTRATIVE ACTIONS.— 

17 (A) COMPLETED OR FINAL ADMINISTRA18 TIVE ACTIONS.—Any completed or final admin19 istrative action of the Secretary of Housing and 

20 Urban Development, including appeals there21 from and payments thereunder, which relate to 

22 the administration of the YouthBuild program 

23 under subtitle D of title IV of the National Af24 fordable Housing Act, shall not be affected by 

25 the enactment of this Act, but shall continue in 
27 

•S 1999 IS 

1 effect according to their terms until amended, 

2 modified, superseded, terminated, set aside, or 

3 revoked in accordance with law by the Secretary 

4 of Housing and Urban Development, an officer 

5 of the United States, or a court of competent 

6 jurisdiction, or by operation of law. 

7 (B) PENDING ADMINISTRATIVE AC8 TIONS.—Any pending administrative action re9 lating to the administration of the YouthBuild 

10 program under subtitle D of title IV of the Na11 tional Affordable Housing Act shall remain sub12 ject to the authority of the Secretary of Hous13 ing and Urban Development and shall continue 

14 to be considered, adjudicated, or otherwise re15 viewed notwithstanding the enactment of this 

16 Act, and in such administrative actions, pro17 ceedings shall be had, appeals taken, and judg18 ments rendered and enforced in the same man19 ner and with the same effect as if enactment of 

20 this Act had not occurred. 

21 (C) DEFINITION OF ADMINISTRATIVE AC22 TION.—For purposes of this paragraph, the 

23 term ‘‘administrative action’’ means orders, de24 terminations, rules, regulations, personnel ac25 tions, permits, agreements, grants, financial as-
28 

•S 1999 IS 

1 sistance, contracts, certificates, licenses, reg2 istrations, and privileges. 

3 (2) PENDING CIVIL ACTIONS.—If, on or after 

4 October 1, 2005, the Secretary of Housing and 

5 Urban Development, the Department of Housing 

6 and Urban Development, or an officer thereof acting 

7 in an official capacity, is a party to a pending civil 

8 action that relates to the administration of the 

9 YouthBuild program or its functions under subtitle 

10 D of title IV of the National Affordable Housing 

11 Act, such pending action shall not abate and shall 

12 continue notwithstanding the enactment of this Act, 

13 and in such action, proceedings shall be had, appeals 

14 taken, and judgments rendered and enforced in the 

15 same manner and with the same effect as if enact16 ment of this Act had not occurred. 

17 (d) CONFORMING REFERENCES.—Beginning on Oc18 tober 1, 2005, references relating to the YouthBuild pro19 gram, and to the Secretary of Housing and Urban Devel20 opment, the Department of Housing and Urban Develop21 ment, its officers, employees, or agents, or to its cor22 responding organizational units or functions, in connection 

23 with such program, whether in statutes, Executive Orders, 

24 rules, regulations, directives, or delegations of authority, 

25 shall be deemed to refer, as appropriate, to the Secretary 
29 

•S 1999 IS 

1 of Labor, the Department of Labor, its officers, employ2 ees, or agents, or to its corresponding organizational units 

3 or functions, except that such conforming references shall 

4 not take effect for purposes of administration by the Sec5 retary of Housing and Urban Development of prior grants 

6 under subsection (b). 

7 (e) DETAIL OF PERSONNEL.—Upon request by the 

8 Secretary of Labor, the Secretary of Housing and Urban 

9 Development may provide, on a reimbursable basis, detail 

10 personnel to the Secretary of Labor who shall have experi11 ence related to the administration of the YouthBuild pro12 gram under subtitle D of title IV of the National Afford13 able Housing Act, in order to assist in the implementation 

14 of this Act. 

15 (f) TRANSFER OF RESOURCES.—The Secretary of 

16 Housing and Urban Development shall transfer to the 

17 Secretary of Labor, in accordance with section 1531 of 

18 title 31, United States Code, all property, records, staff, 

19 and resources that the Director of the Office of Manage20 ment and Budget determines relate to the functions trans21 ferred to the Secretary of Labor by this Act and amend22 ments made by this Act. 
30 

•S 1999 IS 

1 SEC. 5. CLERICAL AMENDMENT. 

2 The table of contents for the Workforce Investment 

3 Act of 1998 (Public Law 105–220) is amended by adding 

4 at the end the following: 

‘‘TITLE VI—YOUTHBUILD PROGRAM 

‘‘Sec. 601. YouthBuild program. 

5 SEC. 6. EFFECTIVE DATES. 

6 (a) REPEAL.—Section 2 of this Act, and the amend7 ments made thereby, shall take effect on July 1, 2006. 

8 (b) WORKFORCE INVESTMENT ACT AMENDMENTS.— 

9 Sections 3, 5, and 6 of this Act, and the amendments 

10 made thereby, shall take effect on July 1, 2006. 

11 (b) TRANSITION.—Section 4 of this Act shall take ef12 fect on the date of enactment of this Act. 

Æ