200 
‘‘(5) PRIORITY
FOR
PERSONS
EXPERIENCING 
HOMELESSNESS.—For the purpose of providing 
health and support services to homeless individuals 
with HIV disease (including children, youth, and 
families), the chief elected official of the eligible 
area, in accordance with the established priorities of 
the planning council, shall use, from amounts made 
available for the area through grants under section 
2601(a) for a fiscal year, not less than 8.6 percent 
of such amounts.’’. 
(b) CARE GRANTS.—Section 2611 of the Public 
Health Service Act (42 U.S.C. 300ff–21), as amended by 
section 567(b) of this Act, is amended by adding at the 
end the following: 
‘‘(d) PRIORITY FOR PERSONS EXPERIENCING HOME-
LESSNESS.—For the purpose of providing health and sup-
port services to individuals experiencing homelessness with 
HIV disease (including children, youth, and families), a 
State shall use, of the funds allocated under this part to 
the State for a fiscal year, not less than 8.6 percent of 
such funds.’’.
201 
PART 5—FEDERAL PLAN ON HIV/AIDS AND 
HOMELESSNESS 
SEC. 581. FEDERAL PLAN ON HIV/AIDS AND HOMELESS-
NESS. 
(a) PLAN.—Not later than 1 year after the date of 
the enactment of this Act, the Secretary of Health and 
Human Services (in this section referred to as the ‘‘Sec-
retary’’) shall prepare and submit to the Committee on 
Energy and Commerce of the House of Representatives 
and the Committee on Health, Education, Labor, and 
Pensions of the Senate a plan that with respect to each 
of the factors described in subsection (b)— 
(1) describes current Federal, State, and local 
public policies and practices regarding homelessness 
and HIV prevention, treatment, and care; 
(2) identifies administrative and statutory ac-
cess and care barriers and opportunities for home-
less persons with HIV disease; and 
(3) recommends administrative and legislative 
actions that would increase the access of homeless 
persons to HIV health and support services and im-
prove the appropriateness and quality of care home-
less persons receive through such services. 
(b) FACTORS.—The factors described in this sub-
section are as follows:
202 
(1) Grantee planning, reporting, and capacity- 
building. 
(2) Consumer involvement. 
(3) Designation of priority populations. 
(4) Outreach and enrollment. 
(5) Participant tracking. 
(6) Elimination of regulatory and administra-
tive impediments. 
(7) Provision of appropriate services. 
(8) Discharge planning. 
(9) Outcome measurement. 
(c) CONSULTATION.—In establishing the plan re-
quired under this section, the Secretary shall consult with 
homeless children, youth, families and individuals with 
HIV disease, nonprofit organizations advocating for home-
less persons, homeless health, housing, and support service 
providers, and public agency representatives. 
(d) PLAN IMPLEMENTATION.—Not later than 1 year 
after the date of the enactment of this Act, the Secretary 
shall implement administrative recommendations identi-
fied in subsection (a)(3). 
TITLE VI—ECONOMIC SECURITY 
SEC. 601. SENSE OF CONGRESS REGARDING RIGHT TO A 
LIVING INCOME. 
(a) FINDINGS.—The Congress finds that—
203 
(1) more than 25 percent of persons in working 
families in the United States have incomes too low 
to meet their basic needs; 
(2) the average income of a homeless family in 
the United States is 46 percent of the Federal pov-
erty line; 
(3) 42 percent of adults living in shelters are 
employed; 
(4) children in families with incomes above the 
Federal poverty line are healthier; 
(5) children in families with incomes above the 
Federal poverty line are more likely to graduate 
from high school and to have higher incomes as 
adults; 
(6) higher rates of good health and education in 
children will reduce long-term costs for the United 
States; 
(7) approximately 30,000,000 people in the 
United States suffer from food insecurity due to a 
lack of income; 
(8) low-wage employment often leads to housing 
that is unsafe, indecent, and unaffordable; 
(9) any person who works 40 hours a week or 
more should be able to afford the basic necessities 
of life, including housing that is decent and safe;
204 
(10) the levels of government benefits are not 
substantial enough to provide for the basic neces-
sities, such as housing, health care, or childcare; 
(11) low-wage workers are at risk of becoming 
homeless; 
(12) supplementary Social Security income 
(SSI) benefits are equal to only 18.5 percent of the 
average median income for a single-person house-
hold; 
(13) the average SSI recipient has a monthly 
income of $551; and 
(14) on average, a person receiving SSI benefits 
needs to spend 98.2 percent of their benefit to af-
ford a one-bedroom apartment. 
(b) SENSE OF CONGRESS.—It is the sense of the 
Congress that— 
(1) every person who works 40 hours or more 
per week should receive a wage sufficient to provide 
for safe, decent, and affordable housing, which 
should be ensured through a living wage that is in-
dexed to the local cost of housing; and 
(2) every person who is unable to work or un-
able to obtain work, and therefore receives public 
benefits, should be afforded the same opportunity
205 
for safe, decent, and affordable housing through a 
level of benefits that provides a livable income. 
SEC. 602. AVAILABILITY OF FOOD STAMP BENEFITS TO IN-
DIVIDUALS WHO ARE HOMELESS. 
(a) EXPEDITED PROCESSING.—Section 11(e)(9) of 
the Food Stamp Act of 1977 (7 U.S.C. 2020(3)(9)) is 
amended— 
(1) in subparagraph (B) by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (C) by adding ‘‘and’’ at 
the end; and 
(3) by adding at the end the following: 
‘‘(D) provide coupons no later then 7 days 
after the date of application to any household 
in which all members are homeless individ-
uals;’’. 
(b) EXCEPTION TO WORK REQUIREMENT DISQUALI-
FICATION.—Section 6(o)(3) of the Food Stamp Act of 
1977 (7 U.S.C. 2015(o)(3)) is amended— 
(1) in subparagraph (D) by striking ‘‘or’’ at the 
end; 
(2) in subparagraph (E) by striking the period 
at the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(F) experiencing homelessness.’’.
206 
(c) DEFINITION.—Section 3(c) of the Food Stamp 
Act of 1977 (7 U.S.C. 2012(c)) is amended in the 2d sen-
tence by inserting before the period at the end the fol-
lowing: ‘‘, and the certification period shall be at least 12 
months if all adult household members are receiving bene-
fits under title II or XVI of the Social Security Act and 
the household as no other income’’. 
(d) COLLECTION OF DATA ON HOMELESS APPLI-
CANTS.—The Food Stamp Act of 1977 (7 U.S.C. 2011 
et seq.) is amended by adding at the end the following: 
‘‘SEC. 28. COLLECTION OF DATA ON HOMELESS HOUSE-
HOLDS. 
‘‘With respect to all applications made after January 
1, 2007, by households to participate in the food stamp 
program and all households that receive food stamp bene-
fits after such date, the Secretary shall collect data, 
through the application form and by other means, to de-
termine whether the members of such households are 
homeless.’’. 
SEC. 603. AMENDMENTS TO WORKFORCE INVESTMENT ACT. 
(a) STATE WORKFORCE INVESTMENT BOARDS.— 
Section 111(b)(1) of the Workforce Investment Act of 
1998 (29 U.S.C. 2821(b)(1)) is amended— 
(1) in subparagraph (B), by striking ‘‘and’’;
207 
(2) in subparagraph (C)(vii) by striking the pe-
riod and inserting ‘‘; and’’; and 
(3) by adding after subparagraph (C) the fol-
lowing: 
‘‘(D) a representative from the State agen-
cy distributing funding under part A of title IV 
of the Social Security Act (42 U.S.C. 601 et 
seq.); 
‘‘(E) a representative from the community 
board as defined in section 401(3) of this Act; 
‘‘(F) representatives of organizations who 
act as advocates for persons experiencing home-
lessness or organizations who provide assistance 
to persons experiencing homelessness; and 
‘‘(G) a person experiencing homelessness 
or has experienced homelessness within 3 years 
before the date of their appointment to the 
board.’’. 
(b) LOCAL WORKFORCE INVESTMENT BOARDS.— 
Section 117(b)(2)(A)) of the Workforce Investment Act 
(29 U.S.C. 2832(b)(2)(A)) is amended— 
(1) in clause (v) by striking ‘‘and’’; 
(2) in clause (vi) by striking the period and in-
serting ‘‘; and’’; and 
(3) by adding after clause (vi) the following:
208 
‘‘(vii) a representative from the local 
agency distributing funding under part A 
of title IV of the Social Security Act (42 
U.S.C. 601 et seq.); 
‘‘(viii) a representative from the com-
munity board as defined in section 401(3) 
of this Act; 
‘‘(ix) representatives of organizations 
who act as advocates for persons experi-
encing homelessness or organizations who 
provide assistance to persons experiencing 
homelessness; and 
‘‘(x) a person experiencing homeless-
ness or has experienced homelessness with-
in 3 years before the date of their appoint-
ment to the board;’’. 
SEC. 604. HOMEBUILD PROGRAM FOR AFFORDABLE HOUS-
ING CONSTRUCTION AND APPRENTICESHIP. 
(a) IN GENERAL.—Title IV of the Cranston-Gonzalez 
National Affordable Housing Act (42 U.S.C. 12871 et 
seq.) is amended by adding at the end the following new 
subtitle:
209 
‘‘Subtitle E—Homebuild Program 
for 
Affordable 
Housing 
Con-
struction and Apprenticeship 
‘‘SEC. 471. PURPOSE. 
‘‘It is the purpose of this subtitle to assist people who 
are experiencing homelessness and have experienced sig-
nificant barriers to employment to obtain training nec-
essary to obtain gainful employment as skilled or semi- 
skilled residential construction workers. 
‘‘SEC. 472. GRANT AUTHORITY. 
‘‘The Secretary may make grants in accordance with 
this subtitle to applicants selected under section 476 to 
carry out homebuild programs under section 473. 
‘‘SEC. 473. HOMEBUILD PROGRAMS. 
‘‘(a) IN GENERAL.—For purposes of this subtitle, a 
homebuild program is a program that meets the following 
requirements: 
‘‘(1) AFFORDABLE
HOUSING.—The primary 
purpose of the program is to develop, through con-
struction, reconstruction, or rehabilitation, afford-
able housing for low- and extremely low-income 
households. 
‘‘(2) EDUCATIONAL
AND
COUNSELING
SERV-
ICES.—The program shall be subject to the same re-
quirements regarding educational services and activi-
210 
ties that a Youthbuild program is subject to under 
section 456(c). 
‘‘(3) TRAINING
AND
APPRENTICESHIP.—The 
program shall provide participants with training or 
apprenticeship in residential construction skills in-
volved in the development of the affordable housing. 
‘‘(4) WAGES
AND
BENEFITS, LABOR
STAND-
ARDS, 
AND
NONDISCRIMINATION.—Sections 142, 
143 and 167 of the Job Training Partnership Act 
(as in effect on the day before the date of enactment 
of the Workforce Investment Act of 1998), relating 
to wages and benefits, labor standards, and non-
discrimination, shall apply to the program as if such 
program was conducted under the Job Training 
Partnership Act (as in effect on the day before the 
date of enactment of the Workforce Investment Act 
of 1998). This paragraph may not be construed to 
prevent a recipient of a grant under this subtitle 
from using funds from non-Federal sources to in-
crease wages and benefits under such program, if 
appropriate. 
‘‘(5) PARTICIPANTS.—Participation in the pro-
gram shall be limited only to individuals who—
211 
‘‘(A)(i) are homeless (as such term is de-
fined in section 103 of the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11302); 
‘‘(ii) are residing in a homeless shelter, 
transitional shelter, transitional housing facility, 
or permanent supportive housing; 
‘‘(iii) are eligible for and have placed their 
name on the waiting list for public housing or 
rental assistance under section 8 of the United 
States Housing Act of 1937 (42 U.S.C. 1437f) 
and have not received such housing or assist-
ance; or 
‘‘(iv) have been referred for participation 
in the program by a social services program of 
a unit of general local government; 
‘‘(B) are 65 years of age or younger; and 
‘‘(C) have completed, and have evidence of 
such completion of, a job readiness or workforce 
training program of a least 2 weeks duration 
that— 
‘‘(i) is provided through the one-stop 
delivery system under the Workforce In-
vestment Act of 1998; or 
‘‘(ii) if a program described in clause 
(i) is not available to the individual—
212 
‘‘(I) is certified or provided 
through a public housing authority; or 
‘‘(II) is administered by a non-
profit organization providing housing 
for the homeless and is certified by a 
unit of general local government. 
‘‘(6) LIMITATION ON PARTICIPATION.— 
‘‘(A) IN
GENERAL.—The program shall 
limit participation by any individual to the 
longer of— 
‘‘(i) 2 years; and 
‘‘(ii) such time as the participant has 
obtained the residential construction skills 
necessary to obtain employment in the pri-
vate residential construction field. 
‘‘(B) EXCEPTION.—The program may pro-
vide that a participant may continue or return 
to work under the program after completion of 
the program pursuant to the limit under sub-
paragraph (A), but only— 
‘‘(i) pursuant to application by such 
participant for such continuance or return; 
and 
‘‘(ii) if the program provides the full 
amount of such participant’s wages, which
213 
shall be not less than the wages prevailing 
in the locality, as predetermined by the 
Secretary of Labor pursuant to subchapter 
IV of chapter 13 of title 40, United States 
Code. 
‘‘(7) ADMINISTRATION.—The program shall be 
jointly administered by— 
‘‘(A) a labor organization, or an affiliate 
thereof; and 
‘‘(B) a public housing agency or nonprofit 
organization involved in the development of af-
fordable housing. 
‘‘SEC. 474. USE OF GRANT AMOUNTS. 
‘‘(a) ELIGIBLE USES.—Amounts received from a 
grant under this Act may be used for any costs involved 
in carrying out a Homebuild program, including any ac-
tivities specified under subsection (b) of section 454 (relat-
ing to Youthbuild program eligible activities), except 
that— 
‘‘(1) the limitations under paragraph (2) of 
such subsection on the types of housing developed 
with grant amounts shall not apply to grant 
amounts under this subtitle;
214 
‘‘(2) the limitation under paragraph (3) of such 
subsection on administrative costs shall apply to 
grant amounts under this subtitle; and 
‘‘(3) the limitation under paragraph (4)(E) of 
such subsection on the duration of support services 
and stipends shall not apply to grant amounts under 
this subtitle. 
‘‘(b) AFFORDABLE HOUSING REQUIREMENT.—Of 
any amounts received from a grant under this subtitle— 
‘‘(1) not less than 75 percent shall be used for 
costs related to the development of housing that is 
affordable for extremely low-income households; and 
‘‘(2) the remainder shall be used for costs re-
lated to the development of housing that is afford-
able to low-income households. 
‘‘SEC. 475. HOMEBUILD ADVISORY BOARD. 
‘‘(a) ELIGIBILITY REQUIREMENT.—For an eligible 
entity to be eligible for selection to receive a grant under 
this subtitle, the unit of general local government within 
which the eligible entity will carry out the homebuild pro-
gram shall establish a homebuild advisory board to advise 
and report regarding activities and progress under 
homebuild programs carried out within the jurisdiction of 
such unit.
215 
‘‘(b) MEETINGS AND REPORTS.—Each homebuild ad-
visory board shall— 
‘‘(1) meet not less than 4 times annually; and 
‘‘(2) submit an annual report to the unit of 
general local government, the applicable eligible enti-
ty, and the Secretary regarding activities and 
progress under homebuild programs carried out 
within the jurisdiction of such unit. 
‘‘(c) MEMBERSHIP.—Each homebuild advisory board 
for a unit of general local government shall consist of 15 
members, who shall include individuals who are— 
‘‘(1) officials of the unit of general local govern-
ment; 
‘‘(2) representatives of the faith community; 
‘‘(3) representatives of private entities engaged 
in residential development; 
‘‘(4) representatives of private entities engaged 
in residential construction; 
‘‘(5) officials or members of labor unions; 
‘‘(6) representatives of local social services 
agencies; 
‘‘(7) homeless individuals; 
‘‘(8) representatives of organizations involved in 
providing affordable housing and assistance for 
homeless individuals; and
216 
‘‘(9) representatives of academic institutions. 
‘‘SEC. 476. APPLICATIONS AND SELECTION FOR GRANTS. 
‘‘(a) IN GENERAL.—To be eligible for selection to re-
ceive a grant under this subtitle, an eligible entity shall 
submit to the Secretary an application containing— 
‘‘(1) a description of the educational and job 
training activities, work opportunities, and other 
services that will be provided to participants in the 
homebuild program; 
‘‘(2) a description of the proposed construction 
or rehabilitation activities to be undertaken and the 
anticipated schedule for carrying out such activities; 
‘‘(3) a description of the manner in which eligi-
ble participants will be recruited and selected; 
‘‘(4) a description of how the proposed project 
will be coordinated with other Federal, State, and 
local activities, including vocational and job training 
programs; 
‘‘(5) assurances that there will be a sufficient 
number of adequately trained supervisory personnel 
on the project; 
‘‘(6) a detailed budget and description of the 
system of fiscal controls and auditing and account-
ability procedures that will be used to ensure fiscal 
soundness;
217 
‘‘(7) a description of the membership of the ad-
visory board; and 
‘‘(8) a description of the capacity of the com-
munity to leverage funding from other private and 
public sources. 
‘‘(b) SELECTION CRITERIA.—The Secretary shall se-
lect applicants to receive grants under this subtitle based 
upon selection criteria, which the Secretary shall establish 
and which shall include the following criteria: 
‘‘(1) POTENTIAL FOR SUCCESS.—The extent to 
which the application is likely to succeed, as indi-
cated by such factors as the past experience of an 
applicant with housing rehabilitation or construction, 
education and employment training programs, man-
agement capacity, fiscal reliability, and community 
support. 
‘‘(2) NEED.—To extent to which the applicant 
has need for assistance, as determined by factors 
such as— 
‘‘(A) the degree of economic distress of the 
community from which participants would be 
recruited, including— 
‘‘(i) the extent of poverty; 
‘‘(ii) the extent of unemployment; and
218 
‘‘(B) the degree of economic distress of the 
locality in which the housing would be rehabili-
tated or constructed, including— 
‘‘(i) objective measures of the inci-
dence of homelessness; 
‘‘(ii) the relationship between the sup-
ply of affordable housing for low-income 
persons and the number of such persons in 
the locality; 
‘‘(iii) the extent of housing over-
crowding; and 
‘‘(iv) the extent of poverty. 
‘‘(3) OTHER.—Any other criteria the Secretary 
determines to be reasonably appropriate. 
‘‘SEC. 477. DEFINITIONS. 
‘‘For purposes of this subtitle, the following defini-
tions shall apply: 
‘‘(1) APPLICANT.—The term ‘applicant’ means 
an eligible entity that has submitted an application 
under section 476 that the Secretary determines 
complies with the requirements under this subtitle. 
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means— 
‘‘(A) a public housing agency; 
‘‘(B) a labor union; or
219 
‘‘(C) a nonprofit organization that is in-
volved in the development of affordable housing 
‘‘(3) EXTREMELY LOW-INCOME HOUSEHOLD.— 
The term ‘extremely low-income household’ means a 
household, including an individual or family, that 
has an income that does not exceed 30 percent of 
the median family income for the area, as deter-
mined by the Secretary with adjustments for smaller 
and larger families, except that the Secretary may 
establish income ceilings higher or lower than 30 
percent of the median for the area on the basis of 
the Secretary’s findings that such variations are nec-
essary because of prevailing levels of construction 
costs or fair market rents, or unusually high or low 
household incomes. 
‘‘(4) LABOR UNION.—The term ‘labor union’ 
has the meaning given the term ‘labor organization’ 
in section 2 of the National Labor Relations Act (29 
U.S.C. 152). 
‘‘(5) LOW-INCOME
HOUSEHOLD.—The term 
‘low-income household’ means a household, including 
an individual or family, that has an income that 
does not exceed 80 percent of the median family in-
come for the area, as determined by the Secretary 
with adjustments for smaller and larger families, ex-
220 
cept that the Secretary may establish income ceilings 
higher or lower than 80 percent of the median for 
the area on the basis of the Secretary’s findings that 
such variations are necessary because of prevailing 
levels of construction costs or fair market rents, or 
unusually high or low household incomes. 
‘‘(6) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Housing and Urban Development. 
‘‘SEC. 478. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There is authorized to be appropriated for grants 
under this subtitle $65,000,000 for fiscal year 2007 and 
such sums as may be necessary for each of fiscal years 
2008, 2009, 2010, and 2011. 
‘‘SEC. 479. REGULATIONS. 
‘‘The Secretary shall issue any regulations necessary 
to carry out this subtitle.’’. 
SEC. 605. DEPARTMENT OF LABOR APPRENTICESHIP PRO-
GRAM FOR WORKING PEOPLE EXPERIENCING 
HOMELESSNESS. 
(a) GRANT AUTHORITY.—The Secretary of Labor 
may make grants in accordance with this section to appli-
cants selected pursuant to subsection (g) to carry out ap-
prenticeship programs that meet the requirements of this 
section.
221 
(b) APPRENTICESHIP PROGRAM DEFINED.—For pur-
poses of this section, an apprenticeship program is a pro-
gram— 
(1) whose primary purpose is to assist people 
who are experiencing homelessness by providing in-
struction in a skilled trade in a job apprenticeship 
program; and 
(2) that provides a stipend to any person who 
are working and without housing until the such per-
son is employed by the private sector. 
(c) PARTICIPATION.— 
(1) IN GENERAL.—Participation in the program 
shall be limited to individuals who— 
(A) are homeless (as such term is defined 
in section 103 of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11302)); 
(B) are eligible for or have placed their 
name on a waiting list for public housing or 
rental assistance under section 8 of the United 
States Housing Act of 1937 (42 U.S.C. 1437f) 
and have not received such housing or assist-
ance; or 
(C) have been referred for participation in 
the program by a social services program of a 
unit of local government;
222 
(2) LIMITATION ON PARTICIPATION.— 
(A) IN
GENERAL.—The program shall 
limit participation by any individual to the 
longer of— 
(i) 12 months; or 
(ii) such time as the participant has 
obtained the necessary skills to obtain em-
ployment in the relevant field. 
(B) EXCEPTION.—The program may pro-
vide that a participant may continue or return 
to work under the program after completion of 
the program pursuant to 12 month limit, but 
only— 
(i) pursuant to an application by such 
participant for such continuance or return; 
and 
(ii) if the program provides the full 
amount of such participant’s wages, which 
shall not be less than the wages prevailing 
in the locality, as predetermined by the 
Secretary of Labor pursuant to subchapter 
IV of chapter 13 of title 40, United States 
Code. 
(d) ADMINISTRATION.—The program shall be jointly 
administered by—
223 
(1) the Secretary of Labor, through State and 
local workforce investment systems (established 
under the Workforce Investment Act (29 U.S.C. 
2801 et seq.); 
(2) a labor organization, or an affiliate thereof; 
(3) a public housing agency; and 
(4) a non-profit organization. 
(e) USE OF GRANT AMOUNT.— 
(1) ELIGIBILITY
REQUIREMENTS.—A unit of 
local government will pay 50 percent of the salary of 
all program participants who are apprenticing in the 
private or public sector for at least 6 months, but 
no longer than 1 year, in apprenticeship programs. 
(2) ELIGIBLE USES.—Amounts received from a 
grant under this section may be used for any costs 
involved in carrying out an apprenticeship program, 
including the following activities: 
(A) Apprenticeship and job training in— 
(i) construction of housing and com-
mercial real estate; 
(ii) technical trades; 
(ii) plumbing; 
(iii) automotive; 
(iv) painting; 
(v) electrical; and
224 
(vi) transportation infrastructure. 
(B) Funding for job training and job 
placement counselors for homeless shelters, 
transitional housing, and permanent supportive 
housing facilities for the purposes of placing 
homeless individuals in permanent jobs. 
(C) Transportation grants to provide bus 
tickets, subway fare, or other transportation 
vouchers to help to cover the costs of transpor-
tation to and from job interviews, the job site, 
and social service visits until the individual is 
employed, and is able to cover the costs of such 
transportation. Where necessary due to lack of 
other means of transportation these grants may 
also cover the cost of needed automobile re-
pairs. 
(f) APPRENTICESHIP PROGRAM ADVISORY BOARD.— 
(1) ELIGIBILITY REQUIREMENT.—For an entity 
to be eligible for selection to receive a grant under 
this section, the unit of local government within 
which the eligible entity will carry out the appren-
ticeship program shall establish a apprenticeship ad-
visory board to advise and report regarding activities 
and progress under apprenticeship programs carried 
out within the jurisdiction of such unit.
225 
(2) MEETING AND REPORTS.—Each apprentice-
ship advisory board shall— 
(A) meet not less than 4 times annually; 
and 
(B) submit an annual report to the unit of 
local government, the applicable entity, and the 
Secretary regarding activities and progress 
under apprenticeship programs carried out 
within jurisdiction of such unit. 
(3) MEMBERSHIP.—Each apprenticeship advi-
sory board for a unit of general local government 
shall consist of 15 members, who shall include indi-
viduals who are— 
(1) officials of the unit of general local govern-
ment; 
(2) representatives of the faith community; 
(3) representatives of private entities engaged 
in residential development; 
(4) representatives of private entities engaged 
in residential construction; 
(5) officials or members of labor unions; 
(6) representatives of local social services agen-
cies; 
(7) homeless individuals;
226 
(8) representatives of organizations involved in 
providing affordable housing and assistance for 
homeless individuals; and 
(9) representatives of academic institutions. 
(g) APPLICATIONS AND SELECTION OF GRANTS.— 
(1) IN GENERAL.—To be eligible for selection to 
receive a grant under this section, an entity shall 
submit to the Secretary an application containing— 
(A) a description of the job training activi-
ties, work opportunities, and other services that 
will be provided to participants in the appren-
ticeship program; 
(B) a description of the manner in which 
eligible participants will be recruited and se-
lected; 
(C) a description of how the proposed 
project will be coordinated with other Federal, 
State, and local activities, including vocational 
and job training programs; 
(D) a detailed budget and description of 
the system of fiscal controls and auditing and 
accounting procedures that will be used; 
(E) a description of the membership of ad-
visory board; and
227 
(F) a description of the capacity of the 
community to leverage funding from other pri-
vate and public sources. 
(2) SELECTION CRITERIA.—The Secretary shall 
select applicants to receive grants under this section 
based upon a selection criteria which shall include 
the following: 
(A) POTENTIAL
FOR
SUCCESS.—The ex-
tent to which the application is likely to suc-
ceed, as indicated by such factors as the past 
experience of an applicant with housing reha-
bilitation or construction, education and em-
ployment training programs, management ca-
pacity, fiscal reliability, and community sup-
port. 
(B) NEED.—To extent to which the appli-
cant has need for assistance, as determined by 
factors such as— 
(i) the degree of economic distress of 
the community from which participants 
would be recruited, including— 
(I) the extent of poverty; 
(II) the extent of unemployment; 
and
228 
(ii) the degree of economic distress of 
the locality in which the housing would be 
rehabilitated or constructed, including— 
(I) objective measures of the inci-
dence of homelessness; 
(II) the relationship between the 
supply of affordable housing for low- 
income persons and the number of 
such persons in the locality; 
(III) the extent of housing over-
crowding; and 
(IV) the extent of poverty. 
(C) OTHER.—Any other criteria the Sec-
retary determines to be reasonably appropriate. 
(h) DEFINITIONS.—For purposes of this section, the 
following definitions apply: 
(1) APPLICANT.—The term ‘‘applicant’’ means 
an eligible entity that has submitted an application 
under section 476 that the Secretary determines 
complies with the requirements under this section. 
(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) a public housing agency; 
(B) a labor union; or
229 
(C) a nonprofit organization that is in-
volved in the development of affordable housing 
(3) EXTREMELY
LOW-INCOME
HOUSEHOLD.— 
The term ‘‘extremely low-income household’’ means 
a household, including an individual or family, that 
has an income that does not exceed 30 percent of 
the median family income for the area, as deter-
mined by the Secretary with adjustments for smaller 
and larger families, except that the Secretary may 
establish income ceilings higher or lower than 30 
percent of the median for the area on the basis of 
the Secretary’s findings that such variations are nec-
essary because of prevailing levels of construction 
costs or fair market rents, or unusually high or low 
household incomes. 
(4) LABOR UNION.—The term ‘‘labor union’’ 
has the meaning given the term ‘‘labor organization’’ 
in section 2 of the National Labor Relations Act (29 
U.S.C. 152). 
(5) 
LOW-INCOME
HOUSEHOLD.—The 
term 
‘‘low-income household’’ means a household, includ-
ing an individual or family, that has an income that 
does not exceed 80 percent of the median family in-
come for the area, as determined by the Secretary 
with adjustments for smaller and larger families, ex-
230 
cept that the Secretary may establish income ceilings 
higher or lower than 80 percent of the median for 
the area on the basis of the Secretary’s findings that 
such variations are necessary because of prevailing 
levels of construction costs or fair market rents, or 
unusually high or low household incomes. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Housing and Urban Development. 
(i) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary to carry 
out this section, $50,000,000 for fiscal year 2007 and 
such sums as may be necessary for each of fiscal years 
2008 through 2011. 
SEC. 606. DAY LABORER FAIRNESS AND PROTECTION. 
(a) FINDINGS.—Congress finds the following: 
(1) According to the General Accounting Office, 
contingent workers comprise approximately 30 per-
cent of the workforce and research indicates that the 
size of the day labor workforce may be greater than 
nationally available data suggests. 
(2) Employers increasingly rely on contingent 
workers rather than permanent workers. Employers 
benefit from the reduced costs and increased flexi-
bility of utilizing a contingent workforce. This reli-
ance has resulted in a significant decrease in the
231 
number of workers with health insurance coverage, 
included in retirement and pension plans, and receiv-
ing other employment benefits such as long-term dis-
ability coverage. Contingent workers have lower fam-
ily incomes than those in full-time permanent em-
ployment. Many contingent workers live below the 
Federal poverty line. 
(3) The General Accounting Office has found 
that the day labor workforce is particularly vulner-
able to workplace abuses. Day laborers are subject 
to a wide range of abuses of their civil rights, em-
ployment and labor rights, and health and safety 
rights. Although day laborers and contingent work-
ers face higher incidences of workplace abuse, the 
General Accounting Office has found current prac-
tices and laws make it difficult to detect violations 
affecting contingent workers and day laborers. 
(4) Wage and hour abuses are of particular 
concern to day laborers. Despite current legal wage 
and hour protections afforded to day laborers, such 
laborers are subject to pervasive wage and hour vio-
lations committed by day labor employers and tem-
porary labor agencies. The short nature of the em-
ployment relationship, multiple barriers to enforce-
ment resources and the lack of strong protective
232 
wage and hour laws render day laborers particularly 
vulnerable to nonpayment of wages. Wage and hour 
problems confronting day laborers take many forms 
and include: complete nonpayment of wages; pay-
ment of less than the agreed upon rate; payment by 
checks with insufficient funds and late payment of 
wages. Day labor employers often delay payments of 
promised wages until the completion of a job. Upon 
completion, day laborers are commonly left with less 
than promised or a void check. Lack of access to so-
cial and legal services that could assist them in en-
forcing their workplace rights leave few options for 
day laborers seeking to recover unpaid wages. 
(5) Occupational injury and fatality rates for 
day laborers are disproportionately higher than such 
rates for other workers. Desperate for work and 
fearing retaliation, day laborers often risk life and 
limb without ever reporting work hazards. Day la-
borers are often assigned to the dangerous tasks 
shunned by workers with more options. Employers 
often neglect their duties to provide safe employment 
that is free from hazards to a day laborers’ health. 
Employers regularly fail to provide necessary health 
and safety equipment and training to day laborers. 
Due to the lack of notice requirements, most day la-
233 
borers have no advance warning about possible expo-
sure to hazardous materials or dangerous tasks. 
(6) Day laborers and contingent workers seek-
ing to enforce the employment and labor laws are 
frequently subject to intimidating retaliatory acts by 
the employer. Absent stronger antiretaliation protec-
tions, day laborers will continue to endure dangerous 
and unjust working conditions without recourse. 
(7) Day laborers and contingent workers pro-
vide employers with a flexible workforce and con-
tribute significantly to interstate commerce. Despite 
these contributions, day laborers are routinely sub-
jected to workplace abuse with little or no recourse. 
The growing numbers of day laborers and other con-
tingent workers in the workforce calls for legislative 
reforms that expand and protect the rights of day 
laborers. 
(b) PURPOSE.—The purpose of this section is to en-
sure that individuals working as day laborers, or tem-
porary workers, are afforded full protection of and access 
to employment and labor laws that ensure workplace dig-
nity and to reduce unfair competitive advantage for firms 
that abuse day laborers. 
(c) DEFINITIONS.—In this section the following defi-
nitions apply:
234 
(1) DAY LABORER.—The term ‘‘day laborer’’ 
means an individual who is engaged in or waiting to 
be engaged in day labor. 
(2) DAY LABOR.—The term ‘‘day labor’’ means 
labor or employment that is occasional or irregular 
for which an individual is employed for not longer 
than the time period required to complete the as-
signment for which the individual was hired and in 
which wage payments are made directly to the day 
laborer or indirectly by the day labor service agency 
or the third party employer for work undertaken by 
a day laborer. Day labor does not include labor or 
employment of a professional or clerical nature. 
(3) DAY LABOR EMPLOYER.—The term ‘‘day la-
borer employer’’ refers to any person or entity that 
directly or indirectly, through an agent, day labor 
service agency or any other entity acting in the em-
ployer’s interest, engages, suffers or permits a day 
laborer to work or otherwise has the right to exercise 
control over the wages, hours or working conditions 
of a day laborer. The term includes day labor service 
agencies and third party employers as defined in this 
section. 
(4) DAY LABORER SHAPE-UP SITE.—The term 
‘‘day laborer shape-up site’’ means any public area
235 
or street corner, residential or commercial, where 
day laborers assemble to seek employment. 
(5) DAY
LABORER
HIRING
SITE.—The term 
‘‘day laborer hiring site’’ refers to any program 
sponsored by a public entity or nonprofit organiza-
tion that provides a space for day laborers to assem-
ble for work and participate in skills development 
workshops and classes. For the purposes of this sec-
tion, day laborer hiring sites are not day labor em-
ployers. 
(6) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Labor. 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Labor. 
(8) REGULAR RATE OF PAY.—The term ‘‘reg-
ular rate of pay’’ means an hourly wage rate agreed 
to by the day labor employer and day laborer. If a 
daily rate is negotiated, the regular rate of pay shall 
be calculated by dividing the total remuneration 
agreed upon for 1 week by 40. On jobs that require 
prevailing wage rates, the regular rate of pay shall 
be the prevailing wage or wage agreed to by the day 
laborer employer and day laborer, whichever is high-
er. In no circumstances shall the regular rate of pay 
be less than that required by law.
236 
(9) DAY LABOR SERVICE AGENCY.—The term 
‘‘day labor service agency’’ means any person or en-
tity that recruits, dispatches, or otherwise facilitates 
the employment of day laborers by a third party em-
ployer. A day labor service agency is a day labor em-
ployer and shares all legal obligations placed on a 
day labor employer by this section. A not-for-profit 
organization is not a day labor service agency. 
(10) WORKDAY AND DAY.—The terms ‘‘work-
day’’ and ‘‘day’’ mean any consecutive 24 hours pe-
riod beginning at the same time each calendar day. 
(11) THIRD
PARTY
EMPLOYER.—The term 
‘‘third party employer’’ refers to a person or entity 
that suffers or permits a day laborer to work by con-
tracting with a day labor service agency. Third party 
employers are day labor employers and share all 
legal obligations placed on day labor employers. 
(d) SUSTAINABLE WAGES.— 
(1) SUSTAINABLE WAGE.—A day laborer shall 
be paid not less than the equivalent of the prevailing 
wage rate paid to permanent employees who are per-
forming substantially equivalent work, with due con-
sideration given to seniority, experience, and skills. 
(2) NOTICE OF WAGE RATE.—Day labor em-
ployers shall provide notice of the wage rate ex-
237 
pected to be paid to each day laborer. A day labor 
service agency shall provide notice of the wage rate 
expected to be paid by each third party employer 
using the services of the agency. A day laborer shall 
be paid by a third party employer not less than the 
wage rate stated in the notice of the agency for all 
work performed for the third party employer, includ-
ing work contained in the description issued under 
subsection (g). 
(3) WAGE REDUCTION.—Day labor employers 
are prohibited from reducing the wage rate of any 
permanent full time employee in order to comply 
with paragraph (1) or (2). 
(4) OVERTIME.—A day laborer shall be com-
pensated at a rate of 1 and one-half times the reg-
ular rate of pay for each hour worked beyond 8 
hours up to and including 12 hours in a workday, 
and for the first 8 hours worked on the seventh con-
secutive day of work in a work week. 
(5) DAILY OVERTIME.—Day laborers are enti-
tled to double the regular rate of pay for all hours 
worked in excess of 12 hours in any workday and for 
all hours worked in excess of 8 hours on the seventh 
consecutive day of work in a work week.
238 
(6) MINIMUM DAILY RATE.—A day laborer per-
forming day labor shall be compensated for not less 
than 4 hours of work for each day worked. 
(7) CALL IN PAY.—If the day labor employer 
fails to appear after requesting a day laborer’s serv-
ices at a designated time and location, the day la-
borer shall be compensated for not less than 4 hours 
at the regular rate of pay. 
(8) WAIT TIME.—If a day laborer arrives for 
employment at the request of a day labor employer, 
time spent waiting for the employer is wait time 
compensable at the regular rate of pay. 
(9) REDUCTION OF SALARY.—If a day labor 
employer has offered and a day laborer has accepted 
a wage rate, the day labor employer cannot reduce 
that negotiated salary during that day of employ-
ment. 
(10) TRAVEL TIME.—Day laborers are to be 
compensated for travel time if such activity is an in-
tegral and indispensable part of the principal activi-
ties that the workers are employed to perform. For 
the purposes of this section, time spent traveling 
from a day labor shape-up site, day labor hiring site, 
or day labor service agency to the worksite shall be 
compensable at the regular rate of pay.
239 
(11) AGENCY PROCESSING DELAY.— 
(A) IN GENERAL.—If a day labor service 
agency expends more than 30 minutes in proc-
essing a day laborer’s work assignment, the day 
labor service agency shall pay the day laborer 
for any additional waiting time at the regular 
rate of pay. 
(B) LIMITATION.—The time spent in tran-
sit to or from the designated worksite or to or 
from the day labor service agency shall not be 
included in computing processing time. 
(e) OTHER RIGHTS OF DAY LABORERS.— 
(1) PUBLIC
ACCESS
AREA.—Each day labor 
service agency shall provide adequate seating in the 
public access area of the offices of the agency. Em-
ployment and wage notices required by this section 
shall be posted in the public access area. The public 
access area shall allow for access to restrooms and 
water. 
(2) WORK RESTRICTION.—No day labor service 
agency shall restrict the right of a day laborer to ac-
cept a permanent position with a third party em-
ployer to whom the day laborer has been referred for 
temporary work or restrict the right of such third 
party employer to offer such employment to a day
240 
laborer. This paragraph shall be understood to out-
law the charging of fines or additional amounts for 
making or accepting an offer of employment. 
(3) BREAKS AND MEALS.—For each 4-hour pe-
riod of uninterrupted day labor, a 15-minute com-
pensated break shall be provided. For periods of un-
interrupted day labor lasting longer than 6 hours, a 
30-minute compensated lunch period shall be pro-
vided. 
(4) DISCLOSURE
OF
EMPLOYER
INFORMA-
TION.—At the time of hire, a day labor employer 
must provide a day laborer with the day labor em-
ployers’ phone number and business address. 
(5) TRANSPORTATION
BACK
TO
POINT
OF 
HIRE.—Unless the day laborer requests otherwise, 
the day labor employer shall provide transportation 
back to the point of hire at the end of each work 
day. 
(6) TRANSPORTATION FEES.—Day labor service 
agencies, third party employers and day laborer em-
ployers shall not charge a day laborer for the costs 
of transportation to and from the premises of the 
day labor agency, day laborer shape-up site, or day 
laborer hiring site to the worksite. 
(7) PAYMENTS.—
241 
(A) IN GENERAL.—At the time of the pay-
ment of wages, a day labor service agency shall 
provide each day laborer with an itemized state-
ment showing in detail each deduction made 
from the wages. 
(B) ANNUAL
STATEMENT.—A day labor 
service agency shall provide each worker an an-
nual earnings summary within a reasonable 
time after the preceding calendar year, but in 
no case later than February 1. A day labor 
service agency shall, at the time of each wage 
payment, give notice to day laborers of the 
availability of the annual earnings summary or 
post such a notice in a conspicuous place in the 
public reception area. 
(C) PAYMENT
SCHEDULES.—At the re-
quest of a day laborer, a day labor service agen-
cy or day labor employer shall hold the daily 
wages of the day laborer and make either week-
ly or semimonthly payments. The wages shall 
be paid in a single check representing the wages 
earned during the period for which wage pay-
ments are to be made, as designated by the day 
laborer. A day labor service agency or day labor 
employer that makes daily wage payments shall