young women with dependent children) as 
participants; 
‘‘(ix) a description of the specific role 
of employers in the proposed program, 
such as their role in developing the pro-
posed program and assisting in service pro-
vision and in placement activities; 
‘‘(x) a description of how the proposed 
program will be coordinated with other 
Federal, State, and local activities and ac-
tivities conducted by Indian tribes, such as 
local workforce investment activities, voca-
tional education programs, adult and lan-
guage instruction educational programs, 
activities conducted by public schools, ac-
tivities, conducted by community colleges, 
national service programs, and other job 
training provided with funds available 
under this title; 
‘‘(xi) assurances that there will be a 
sufficient number of adequately trained su-
pervisory personnel in the proposed pro-
gram; 
‘‘(xii) a description of results to be 
achieved with respect to common indicators 
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of performance for youth and lifelong 
learning, as identified by the Secretary; 
‘‘(xiii) a description of the applicant’s 
relationship with local building trade 
unions regarding their involvement in 
training to be provided through the pro-
posed program, the relationship of the pro-
posed program to established registered 
apprenticeship programs and employers, 
and the ability of the applicant to grant in-
dustry-recognized 
skill 
certification 
through the program; 
‘‘(xiv) a description of activities that 
will be undertaken to develop the leader-
ship skills of participants; 
‘‘(xv) a detailed budget and a descrip-
tion of the system of fiscal controls, and 
auditing and accountability procedures, 
that will be used to ensure fiscal soundness 
for the proposed program; 
‘‘(xvi) a description of the commit-
ments for any additional resources (in ad-
dition to the funds made available through 
the grant) to be made available to the pro-
posed program from— 
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‘‘(I) the applicant; 
‘‘(II) recipients of other Federal, 
State or local housing and community 
development assistance who will spon-
sor any part of the rehabilitation, con-
struction, operation and maintenance, 
or other housing and community de-
velopment activities undertaken as 
part of the proposed program; or 
‘‘(III) entities carrying out other 
Federal, State, or local activities or 
activities conducted by Indian tribes, 
including vocational education pro-
grams, adult and language instruction 
educational programs, and job train-
ing provided with funds available 
under this title; 
‘‘(xvii) information identifying, and a 
description of, the financing proposed for 
any— 
‘‘(I) rehabilitation of the property 
involved; 
‘‘(II) acquisition of the property; 
or 
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‘‘(III) construction of the prop-
erty; 
‘‘(xviii) information identifying, and a 
description of, the entity that will operate 
and manage the property; 
‘‘(xix) information identifying, and a 
description of, the data collection systems 
to be used; 
‘‘(xx) a certification, by a public offi-
cial responsible for the housing strategy 
for the State or unit of general local gov-
ernment within which the proposed pro-
gram is located, that the proposed program 
is consistent with the housing strategy; 
and 
‘‘(xxi) a certification that the appli-
cant will comply with the requirements of 
the Fair Housing Act (42 U.S.C. 3601 et 
seq.) and will affirmatively further fair 
housing. 
‘‘(4) SELECTION CRITERIA.—For an applicant 
to be eligible to receive a grant under this sub-
section, the applicant and the applicant’s proposed 
program shall meet such selection criteria as the 
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Secretary shall establish under this section, which 
shall include criteria relating to— 
‘‘(A) the qualifications or potential capa-
bilities of an applicant; 
‘‘(B) an applicant’s potential for devel-
oping a successful YouthBuild program; 
‘‘(C) the need for an applicant’s proposed 
program, as determined by the degree of eco-
nomic distress of the community from which 
participants would be recruited (measured by 
indicators such as poverty, youth unemploy-
ment, and the number of individuals who have 
dropped out of secondary school) and of the 
community in which the housing and public fa-
cilities proposed to be rehabilitated or con-
structed is located (measured by indicators such 
as incidence of homelessness, shortage of af-
fordable housing, and poverty); 
‘‘(D) the commitment of an applicant to 
providing skills training, leadership develop-
ment, and education to participants; 
‘‘(E) the focus of a proposed program on 
preparing youth for occupations in demand or 
postsecondary education and training opportu-
nities; 
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‘‘(F) the extent of an applicant’s coordina-
tion of activities to be carried out through the 
proposed program with local boards, one-stop 
operators, and one-stop partners participating 
in the operation of the one-stop delivery system 
involved, or the extent of the applicant’s good 
faith efforts in achieving such coordination; 
‘‘(G) the extent of the applicant’s coordina-
tion of activities with public education, criminal 
justice, housing and community development, 
national service, or postsecondary education or 
other systems that relate to the goals of the 
proposed program; 
‘‘(H) the extent of an applicant’s coordina-
tion of activities with employers in the local 
area involved; 
‘‘(I) the extent to which a proposed pro-
gram provides for inclusion of tenants who were 
previously homeless individuals in the rental 
housing provided through the program; 
‘‘(J) the commitment of additional re-
sources (in addition to the funds made available 
through the grant) to a proposed program by— 
‘‘(i) an applicant; 
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‘‘(ii) recipients of other Federal, 
State, or local housing and community de-
velopment assistance who will sponsor any 
part of the rehabilitation, construction, op-
eration and maintenance, or other housing 
and community development activities un-
dertaken as part of the proposed program; 
or 
‘‘(iii) entities carrying out other Fed-
eral, State, or local activities or activities 
conducted by Indian tribes, including voca-
tional education programs, adult and lan-
guage instruction educational programs, 
and job training provided with funds avail-
able under this title; 
‘‘(K) the applicant’s potential to serve dif-
ferent regions, including rural areas and States 
that have not previously received grants for 
YouthBuild programs; and 
‘‘(L) such other factors as the Secretary 
determines to be appropriate for purposes of 
carrying out the proposed program in an effec-
tive and efficient manner. 
‘‘(5) APPROVAL.—To the extent practicable, the 
Secretary shall notify each applicant, not later than 
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5 months after the date of receipt of the application 
by the Secretary, whether the application is ap-
proved or not approved. 
‘‘(d) USE OF HOUSING UNITS.—Residential housing 
units rehabilitated or constructed using funds made avail-
able under subsection (c) shall be available solely— 
‘‘(1) for rental by, or sale to, homeless individ-
uals or low-income families; or 
‘‘(2) for use as transitional or permanent hous-
ing, for the purpose of assisting in the movement of 
homeless individuals to independent living. 
‘‘(e) ADDITIONAL PROGRAM REQUIREMENTS.— 
‘‘(1) ELIGIBLE PARTICIPANTS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), an individual may partici-
pate in a YouthBuild program only if such indi-
vidual is— 
‘‘(i) not less than age 16 and not 
more than age 24, on the date of enroll-
ment; 
‘‘(ii) a member of a low-income fam-
ily, a youth in foster care (including youth 
aging out of foster care), a youth offender, 
a youth who is an individual with a dis-
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ability, a child of incarcerated parents, or 
a migrant youth; and 
‘‘(iii) a school dropout. 
‘‘(B) EXCEPTION
FOR
INDIVIDUALS
NOT 
MEETING INCOME OR EDUCATIONAL NEED RE-
QUIREMENTS.—Not more than 25 percent of 
the participants in such program may be indi-
viduals who do not meet the requirements of 
clause (ii) or (iii) of subparagraph (A), but 
who— 
‘‘(i) are basic skills deficient, despite 
attainment of a secondary school diploma 
or General Education Development creden-
tial (GED) or other State-recognized 
equivalent (including recognized alternative 
standards for individuals with disabilities); 
or 
‘‘(ii) have been referred by a local sec-
ondary school for participation in a 
YouthBuild program leading to the attain-
ment of a secondary school diploma. 
‘‘(2) PARTICIPATION LIMITATION.—An eligible 
individual selected for participation in a YouthBuild 
program shall be offered full-time participation in 
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the program for a period of not less than 6 months 
and not more than 24 months. 
‘‘(3) MINIMUM
TIME
DEVOTED
TO
EDU-
CATIONAL
SERVICES
AND
ACTIVITIES.—A 
YouthBuild program receiving assistance under sub-
section (c) shall be structured so that participants in 
the program are offered— 
‘‘(A) educational and related services and 
activities designed to meet educational needs, 
such as those specified in clauses (iv) through 
(vii) of subsection (c)(2)(A), during at least 50 
percent of the time during which the partici-
pants participate in the program; and 
‘‘(B) work and skill development activities 
such as those specified in clauses (i), (ii), (iii), 
and (viii) of subsection (c)(2)(A), during at 
least 40 percent of the time during which the 
participants participate in the program. 
‘‘(4) AUTHORITY RESTRICTION.—No provision 
of this section may be construed to authorize any 
agency, officer, or employee of the United States to 
exercise any direction, supervision, or control over 
the curriculum, program of instruction, administra-
tion, or personnel of any educational institution (in-
cluding a school) or school system, or over the selec-
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tion of library resources, textbooks, or other printed 
or published instructional materials by any edu-
cational institution or school system. 
‘‘(5) STATE AND LOCAL STANDARDS.—All edu-
cational programs and activities supported with 
funds provided under subsection (c) shall be con-
sistent with applicable State and local educational 
standards. Standards and procedures for the pro-
grams and activities that relate to awarding aca-
demic credit for and certifying educational attain-
ment in such programs and activities shall be con-
sistent with applicable State and local educational 
standards. 
‘‘(f) MANAGEMENT AND TECHNICAL ASSISTANCE.— 
‘‘(1) SECRETARY ASSISTANCE.—The Secretary 
may enter into contracts with 1 or more entities to 
provide assistance to the Secretary in the manage-
ment, supervision, and coordination of the program 
carried out under this section. 
‘‘(2) TECHNICAL ASSISTANCE.— 
‘‘(A) CONTRACTS AND GRANTS.—The Sec-
retary shall enter into contracts with or make 
grants to 1 or more qualified national nonprofit 
agencies, in order to provide training, informa-
tion, technical assistance, and data manage-
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ment to recipients of grants under subsection 
(c). 
‘‘(B) RESERVATION
OF
FUNDS.—Of the 
amounts available under subsection (h) to carry 
out this section for a fiscal year, the Secretary 
shall reserve 5 percent to carry out subpara-
graph (A). 
‘‘(3) CAPACITY BUILDING GRANTS.— 
‘‘(A) IN
GENERAL.—In each fiscal year, 
the Secretary may use not more than 3 percent 
of the amounts available under subsection (h) 
to award grants to 1 or more qualified national 
nonprofit agencies to pay for the Federal share 
of the cost of capacity building activities. 
‘‘(B) 
FEDERAL
SHARE.—The 
Federal 
share of the cost described in subparagraph (A) 
shall be 25 percent. The non-Federal share 
shall be provided from private sources. 
‘‘(g) SUBGRANTS AND CONTRACTS.—Each recipient 
of a grant under subsection (c) to carry out a YouthBuild 
program shall provide the services and activities described 
in this section directly or through subgrants, contracts, 
or other arrangements with local educational agencies, 
postsecondary educational institutions, State or local 
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housing development agencies, other public agencies, in-
cluding agencies of Indian tribes, or private organizations. 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—There are authorized to be 
appropriated for each of fiscal years 2007 through 
2012 such sums as may be necessary to carry out 
this section. 
‘‘(2) FISCAL
YEAR.—Notwithstanding section 
189(g), appropriations for any fiscal year for pro-
grams and activities carried out under this section 
shall be available for obligation only on the basis of 
a fiscal year.’’. 
(b) CLERICAL AMENDMENT.—Section 1(b) of the 
Workforce Investment Act of 1998 (relating to the table 
of contents) is amended by inserting before the item relat-
ing to section 174 the following: 
‘‘Sec. 173A. YouthBuild program’’. 
(c) EXCEPTION TO PROGRAM YEAR APPROPRIATION 
CYCLE
REQUIREMENT.—Section 189(g)(1)(A) of the 
Workforce 
Investment 
Act 
of 
1998 
(29 
U.S.C. 
2939(g)(1)(A)) is amended by inserting ‘‘and section 
173A’’ after ‘‘Except as provided in subparagraph (B)’’. 
(d) CONFORMING AMENDMENTS.— 
(1) Section 3 of the Housing and Urban Devel-
opment Act of 1968 (12 U.S.C. 1701u) is amended 
in paragraphs (1)(B)(iii) and (2)(B) of subsection 
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(c), and paragraphs (1)(B)(iii) and (2)(B) of sub-
section (d), by striking ‘‘Youthbuild’’ and all that 
follows and inserting ‘‘YouthBuild programs receiv-
ing assistance under section 173A of the Workforce 
Investment Act of 1998.’’. 
(2) Section 507(b) of the Native American 
Housing Assistance and Self-Determination Act of 
1996 (25 U.S.C. 4183(b)) is amended by striking 
‘‘subtitle D of title IV of the Cranston-Gonzalez Na-
tional Affordable Housing Act,’’. 
(3) Section 402 of the Cranston-Gonzalez Na-
tional Affordable Housing Act (42 U.S.C. 12870) is 
amended by striking the second sentence of sub-
sections (a) and (b). 
(e) REPEAL OF PROVISIONS.—Subtitle D of title IV 
of the Cranston-Gonzalez National Affordable Housing 
Act (42 U.S.C. 12899 et seq.) is repealed. 
(f) EFFECTIVE DATE.—This section and the amend-
ments made by this section take effect on the earlier of— 
(1) the date of enactment of this Act; and 
(2) September 30, 2006. 
SEC. 3. TRANSFER OF FUNCTIONS AND SAVINGS PROVI-
SIONS. 
(a) DEFINITIONS.—For purposes of this section, un-
less otherwise provided or indicated by the context— 
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(1) the term ‘‘Federal agency’’ has the meaning 
given to the term ‘‘agency’’ by section 551(1) of title 
5, United States Code; 
(2) the term ‘‘function’’ means any duty, obli-
gation, power, authority, responsibility, right, privi-
lege, activity, or program; and 
(3) the term ‘‘office’’ includes any office, ad-
ministration, agency, institute, unit, organizational 
entity, or component thereof. 
(b) TRANSFER OF FUNCTIONS.—There are trans-
ferred to the Department of Labor all functions which the 
Secretary of Housing and Urban Development exercised 
before the effective date of this section (including all re-
lated functions of any officer or employee of the Depart-
ment of Housing and Urban Development) relating to sub-
title D of title IV of the Cranston-Gonzalez National Af-
fordable Housing Act (42 U.S.C. 12899 et seq.). 
(c) DETERMINATIONS OF CERTAIN FUNCTIONS BY 
THE OFFICE OF MANAGEMENT AND BUDGET.—If nec-
essary, the Office of Management and Budget shall make 
any determination of the functions that are transferred 
under subsection (b). 
(d) PERSONNEL PROVISIONS.— 
(1) APPOINTMENTS.—The Secretary of Labor 
may appoint and fix the compensation of such offi-
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cers and employees, including investigators, attor-
neys, and administrative law judges, as may be nec-
essary to carry out the respective functions trans-
ferred under this section. Except as otherwise pro-
vided by law, such officers and employees shall be 
appointed in accordance with the civil service laws 
and their compensation fixed in accordance with title 
5, United States Code. 
(2) EXPERTS
AND
CONSULTANTS.—The Sec-
retary of Labor may obtain the services of experts 
and consultants in accordance with section 3109 of 
title 5, United States Code, and compensate such ex-
perts and consultants for each day (including travel 
time) at rates not in excess of the rate of pay for 
level IV of the Executive Schedule under section 
5315 of such title. The Secretary of Labor may pay 
experts and consultants who are serving away from 
their homes or regular place of business travel ex-
penses and per diem in lieu of subsistence at rates 
authorized by sections 5702 and 5703 of such title 
for persons in Government service employed inter-
mittently. 
(e) DELEGATION AND ASSIGNMENT.—Except where 
otherwise expressly prohibited by law or otherwise pro-
vided by this section, the Secretary of Labor may delegate 
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any of the functions transferred to the Secretary of Labor 
by this section and any function transferred or granted 
to the Secretary of Labor after the effective date of this 
section to such officers and employees of the Department 
of Labor as the Secretary of Labor may designate, and 
may authorize successive redelegations of such functions 
as may be necessary or appropriate. No delegation of func-
tions by the Secretary of Labor under this subsection or 
under any other provision of this section shall relieve the 
Secretary of Labor of responsibility for the administration 
of such functions. 
(f) REORGANIZATION.—The Secretary of Labor is 
authorized to allocate or reallocate any function trans-
ferred under subsection (b) among the officers of the De-
partment of Labor, and to establish, consolidate, alter, or 
discontinue such organizational entities in the Department 
of Labor as may be necessary or appropriate. 
(g) RULES.—The Secretary of Labor is authorized to 
prescribe, in accordance with the provisions of chapters 
5 and 6 of title 5, United States Code, such rules and 
regulations as the Secretary of Labor determines nec-
essary or appropriate to administer and manage the func-
tions of the Department of Labor. 
(h) TRANSFER AND ALLOCATIONS OF APPROPRIA-
TIONS.—Except as otherwise provided in this section, the 
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assets, liabilities, grants, contracts, property, records, and 
unexpended balances of appropriations, authorizations, al-
locations, and other funds used, held, arising from, avail-
able to, or to be made available in connection with the 
functions transferred by this section, subject to section 
1531 of title 31, United States Code, shall be transferred 
to the Department of Labor. Unexpended funds trans-
ferred pursuant to this subsection shall be used only for 
the purposes for which the funds were originally author-
ized and appropriated. 
(i) TRANSFERS.—The Director of the Office of Man-
agement and Budget, at such time or times as the Direc-
tor shall provide, is authorized to make such determina-
tions as may be necessary with regard to the functions 
transferred by this section, and to make such dispositions 
of assets, liabilities, grants, contracts, property, records, 
and unexpended balances of appropriations, authoriza-
tions, allocations, and other funds used, held, arising from, 
available to, or to be made available in connection with 
such functions, subject to section 1531 of title 31, United 
States Code, as may be necessary to carry out the provi-
sions of this section. The Director of the Office of Manage-
ment and Budget shall provide for the termination of the 
affairs of all entities terminated by this section and for 
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such further measures and dispositions as may be nec-
essary to effectuate the purposes of this section. 
(j) SAVINGS PROVISIONS.— 
(1) CONTINUING
EFFECT
OF
LEGAL
DOCU-
MENTS.—All orders, determinations, rules, regula-
tions, permits, agreements, grants, contracts, certifi-
cates, licenses, registrations, privileges, and other 
administrative actions— 
(A) which have been issued, made, grant-
ed, or allowed to become effective by the Presi-
dent, any Federal agency or official thereof, or 
by a court of competent jurisdiction, in the per-
formance of functions which are transferred 
under this section; and 
(B) which are in effect at the time this 
section takes effect, or were final before the ef-
fective date of this section and are to become 
effective on or after the effective date of this 
section, 
shall continue in effect according to their terms until 
modified, terminated, superseded, set aside, or re-
voked in accordance with law by the President, the 
Secretary of Labor or other authorized official, a 
court of competent jurisdiction, or by operation of 
law. 
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(2) PROCEEDINGS NOT AFFECTED.—The provi-
sions of this section shall not affect any proceedings, 
including notices of proposed rulemaking, or any ap-
plication for any license, permit, certificate, or finan-
cial assistance pending before the Department of 
Housing and Urban Development at the time this 
section takes effect, with respect to functions trans-
ferred by this section but such proceedings and ap-
plications shall be continued. Orders shall be issued 
in such proceedings, appeals shall be taken there-
from, and payments shall be made pursuant to such 
orders, as if this section had not been enacted, and 
orders issued in any such proceedings shall continue 
in effect until modified, terminated, superseded, or 
revoked by a duly authorized official, by a court of 
competent jurisdiction, or by operation of law. Noth-
ing in this paragraph shall be deemed to prohibit the 
discontinuance or modification of any such pro-
ceeding under the same terms and conditions and to 
the same extent that such proceeding could have 
been discontinued or modified if this section had not 
been enacted. 
(3) SUITS NOT AFFECTED.—The provisions of 
this section shall not affect suits commenced before 
the effective date of this section, and in all such 
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suits, proceedings shall be had, appeals taken, and 
judgments rendered in the same manner and with 
the same effect as if this section had not been en-
acted. 
(4) NONABATEMENT OF ACTIONS.—No suit, ac-
tion, or other proceeding commenced by or against 
the Department of Housing and Urban Develop-
ment, or by or against any individual in the official 
capacity of such individual as an officer of the De-
partment of Housing and Urban Development, shall 
abate by reason of the enactment of this section. 
(5) ADMINISTRATIVE
ACTIONS
RELATING
TO 
PROMULGATION OF REGULATIONS.—Any administra-
tive action relating to the preparation or promulga-
tion of a regulation by the Department of Housing 
and Urban Development relating to a function 
transferred under this section may be continued by 
the Department of Labor with the same effect as if 
this section had not been enacted. 
(k) SEPARABILITY.—If a provision of this section or 
its application to any person or circumstance is held in-
valid, neither the remainder of this section nor the applica-
tion of the provision to other persons or circumstances 
shall be affected. 
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(l) TRANSITION.—The Secretary of Labor is author-
ized to utilize— 
(1) the services of such officers, employees, and 
other personnel of the Department of Housing and 
Urban Development with respect to functions trans-
ferred to the Department of Labor by this section; 
and 
(2) funds appropriated to such functions for 
such period of time, 
as may reasonably be needed to facilitate the orderly im-
plementation of this section. 
(m) ACCOMPLISHING ORDERLY TRANSFER.—Con-
sistent with the requirements of this section, the Secretary 
of Labor and the Secretary of Housing and Urban Devel-
opment shall take such actions as the Secretaries deter-
mine are appropriate to accomplish the orderly transfer 
of functions as described in subsection (b). 
(n) ADMINISTRATION OF PRIOR GRANTS.—Notwith-
standing any other provision of this Act, grants awarded 
under subtitle D of title IV of the Cranston-Gonzalez Na-
tional Affordable Housing Act (42 U.S.C. 12899 et seq.) 
with funds appropriated for fiscal year 2006 or a pre-
ceding fiscal year shall be subject to the continuing au-
thority of the Secretary of Housing and Urban Develop-
ment under the provisions of such subtitle, as in effect 
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on the day before the date of enactment of this Act, until 
the authority to expend applicable funds for the grants, 
as specified by the Secretary of Housing and Urban Devel-
opment, has expired and the Secretary has completed the 
administrative responsibilities associated with the grants. 
(o) REFERENCES.—A reference in any other Federal 
law, Executive order, rule, regulation, or delegation of au-
thority, or any document of or relating to— 
(1) the Secretary of Housing and Urban Devel-
opment with regard to functions transferred under 
subsection (b), shall be deemed to refer to the Sec-
retary of Labor; and 
(2) the Department of Housing and Urban De-
velopment with regard to functions transferred 
under subsection (b), shall be deemed to refer to the 
Department of Labor. 
(p) EFFECTIVE DATE.—This section takes effect on 
the earlier of— 
(1) the date of enactment of this Act; and 
(2) September 30, 2006. 
Æ 
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