YouthBuild Transfer Act
PL 109-281 (S.3534), enacted 09/22/2006

120 STAT. 1173
PUBLIC LAW 109–281—SEPT. 22, 2006
Public Law 109–281
109th Congress
An Act
To amend the Workforce Investment Act of 1998 to provide for a YouthBuild
program.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘YouthBuild Transfer Act’’.
SEC. 2. YOUTHBUILD PROGRAM.
(a) ESTABLISHMENT OF YOUTHBUILD PROGRAM IN THE DEPART-
MENT OF LABOR.—Subtitle D of title I of the Workforce Investment
Act of 1998 is amended by inserting before section 174 (29 U.S.C.
2919) the following new section:
‘‘SEC. 173A. YOUTHBUILD PROGRAM.
‘‘(a) STATEMENT
OF PURPOSE.—The purposes of this section
are—
‘‘(1) to enable disadvantaged youth to obtain the education
and employment skills necessary to achieve economic self-suffi-
ciency in occupations in demand and postsecondary education
and training opportunities;
‘‘(2) to provide disadvantaged youth with opportunities for
meaningful work and service to their communities;
‘‘(3) to foster the development of employment and leader-
ship skills and commitment to community development among
youth in low-income communities; and
‘‘(4) to expand the supply of permanent affordable housing
for homeless individuals and low-income families by utilizing
the energies and talents of disadvantaged youth.
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) ADJUSTED INCOME.—The term ‘adjusted income’ has
the meaning given the term in section 3(b) of the United
States Housing Act of 1937 (42 U.S.C. 1437a(b)).
‘‘(2) APPLICANT.—The term ‘applicant’ means an eligible
entity that has submitted an application under subsection (c).
‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a
public or private nonprofit agency or organization (including
a consortium of such agencies or organizations), including—
‘‘(A) a community-based organization;
‘‘(B) a faith-based organization;
‘‘(C) an entity carrying out activities under this title,
such as a local board;
‘‘(D) a community action agency;
‘‘(E) a State or local housing development agency;
29 USC 2918a.
YouthBuild
Transfer Act.
29 USC 2801
note.
Sept. 22, 2006
[S. 3534]
VerDate 14-DEC-2004
10:20 Jul 12, 2007
Jkt 059194
PO 00001
Frm 01171
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL001.109
APPS06
PsN: PUBL001
120 STAT. 1174
PUBLIC LAW 109–281—SEPT. 22, 2006
‘‘(F) an Indian tribe or other agency primarily serving
Indians;
‘‘(G) a community development corporation;
‘‘(H) a State or local youth service or conservation
corps; and
‘‘(I) any other entity eligible to provide education or
employment training under a Federal program (other than
the program carried out under this section).
‘‘(4) HOMELESS INDIVIDUAL.—The term ‘homeless individual’
has the meaning given the term in section 103 of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11302).
‘‘(5) HOUSING DEVELOPMENT AGENCY.—The term ‘housing
development agency’ means any agency of a State or local
government, or any private nonprofit organization, that is
engaged in providing housing for homeless individuals or low-
income families.
‘‘(6) INCOME.—The term ‘income’ has the meaning given
the term in section 3(b) of the United States Housing Act
of 1937 (42 U.S.C. 1437a(b)).
‘‘(7) INDIAN; INDIAN TRIBE.—The terms ‘Indian’ and ‘Indian
tribe’ have the meanings given such terms in section 4 of
the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b).
‘‘(8) INDIVIDUAL
OF
LIMITED
ENGLISH
PROFICIENCY.—The
term ‘individual of limited English proficiency’ means an eligible
participant under this section who meets the criteria set forth
in section 203(10) of the Adult Education and Family Literacy
Act (20 U.S.C. 9202(10)).
‘‘(9) LOW-INCOME
FAMILY.—The term ‘low-income family’
means a family described in section 3(b)(2) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)(2)).
‘‘(10) QUALIFIED NATIONAL NONPROFIT AGENCY.—The term
‘qualified national nonprofit agency’ means a nonprofit agency
that—
‘‘(A) has significant national experience providing serv-
ices consisting of training, information, technical assist-
ance, and data management to YouthBuild programs or
similar projects; and
‘‘(B) has the capacity to provide those services.
‘‘(11) REGISTERED
APPRENTICESHIP
PROGRAM.—The term
‘registered apprenticeship program’ means an apprenticeship
program—
‘‘(A) registered under the Act of August 16, 1937 (com-
monly known as the ‘National Apprenticeship Act’; 50 Stat.
664, chapter 663; 20 U.S.C. 50 et seq.); and
‘‘(B) that meets such other criteria as may be estab-
lished by the Secretary under this section.
‘‘(12) TRANSITIONAL
HOUSING.—The term ‘transitional
housing’ means housing provided for the purpose of facilitating
the movement of homeless individuals to independent living
within a reasonable amount of time. The term includes housing
primarily designed to serve deinstitutionalized homeless
individuals and other homeless individuals who are individuals
with disabilities or members of families with children.
‘‘(13) YOUTHBUILD PROGRAM.—The term ‘YouthBuild pro-
gram’ means any program that receives assistance under this
section and provides disadvantaged youth with opportunities
VerDate 14-DEC-2004
10:20 Jul 12, 2007
Jkt 059194
PO 00001
Frm 01172
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL001.109
APPS06
PsN: PUBL001
120 STAT. 1175
PUBLIC LAW 109–281—SEPT. 22, 2006
for employment, education, leadership development, and
training through the rehabilitation or construction of housing
for homeless individuals and low-income families, and of public
facilities.
‘‘(c) YOUTHBUILD GRANTS.—
‘‘(1) AMOUNTS
OF
GRANTS.—The Secretary is authorized
to make grants to applicants for the purpose of carrying out
YouthBuild programs approved under this section.
‘‘(2) ELIGIBLE ACTIVITIES.—An entity that receives a grant
under this subsection shall use the funds made available
through the grant to carry out a YouthBuild program, which
may include the following activities:
‘‘(A) Education and workforce investment activities
including—
‘‘(i) work experience and skills training (coordi-
nated, 
to 
the 
maximum 
extent 
feasible, 
with
preapprenticeship and registered apprenticeship pro-
grams) in the rehabilitation and construction activities
described in subparagraphs (B) and (C);
‘‘(ii) occupational skills training;
‘‘(iii) other paid and unpaid work experiences,
including internships and job shadowing;
‘‘(iv) services and activities designed to meet the
educational needs of participants, including—
‘‘(I) basic skills instruction and remedial edu-
cation;
‘‘(II) language instruction educational pro-
grams for individuals with limited English pro-
ficiency;
‘‘(III) secondary education services and activi-
ties, including tutoring, study skills training, and
dropout prevention activities, designed to lead to
the attainment of a secondary school diploma, Gen-
eral Education Development (GED) credential, or
other State-recognized equivalent (including recog-
nized alternative standards for individuals with
disabilities);
‘‘(IV) counseling and assistance in obtaining
postsecondary education and required financial
aid; and
‘‘(V) alternative secondary school services;
‘‘(v) counseling services and related activities, such
as comprehensive guidance and counseling on drug
and alcohol abuse and referral;
‘‘(vi) activities designed to develop employment and
leadership skills, which may include community service
and peer-centered activities encouraging responsibility
and other positive social behaviors, and activities
related to youth policy committees that participate in
decision-making related to the program;
‘‘(vii) supportive services and provision of need-
based stipends necessary to enable individuals to
participate in the program and supportive services to
assist individuals, for a period not to exceed 12 months
after the completion of training, in obtaining or
retaining 
employment, 
or 
applying 
for 
and
transitioning to postsecondary education; and
VerDate 14-DEC-2004
10:20 Jul 12, 2007
Jkt 059194
PO 00001
Frm 01173
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL001.109
APPS06
PsN: PUBL001
120 STAT. 1176
PUBLIC LAW 109–281—SEPT. 22, 2006
‘‘(viii) job search and assistance.
‘‘(B) Supervision and training for participants in the
rehabilitation or construction of housing, including residen-
tial housing for homeless individuals or low-income fami-
lies, or transitional housing for homeless individuals.
‘‘(C) Supervision and training for participants in the
rehabilitation or construction of community and other
public facilities, except that not more than 10 percent of
funds appropriated to carry out this section may be used
for such supervision and training.
‘‘(D) Payment of administrative costs of the applicant,
except that not more than 15 percent of the amount of
assistance provided under this subsection to the grant
recipient may be used for such costs.
‘‘(E) Adult mentoring.
‘‘(F) Provision of wages, stipends, or benefits to partici-
pants in the program.
‘‘(G) Ongoing training and technical assistance that
are related to developing and carrying out the program.
‘‘(H) Follow-up services.
‘‘(3) APPLICATION.—
‘‘(A) FORM AND PROCEDURE.—To be qualified to receive
a grant under this subsection, an eligible entity shall
submit an application at such time, in such manner, and
containing such information as the Secretary may require.
‘‘(B) MINIMUM
REQUIREMENTS.—The Secretary shall
require that the application contain, at a minimum—
‘‘(i) labor market information for the labor market
area where the proposed program will be implemented,
including both current data (as of the date of submis-
sion of the application) and projections on career
opportunities in growing industries;
‘‘(ii) a request for the grant, specifying the amount
of the grant requested and its proposed uses;
‘‘(iii) a description of the applicant and a statement
of its qualifications, including a description of the
applicant’s relationship with local boards, one-stop
operators, local unions, entities carrying out registered
apprenticeship programs, other community groups, and
employers, and the applicant’s past experience, if any,
with rehabilitation or construction of housing or public
facilities, and with youth education and employment
training programs;
‘‘(iv) a description of the proposed site for the pro-
posed program;
‘‘(v) a description of the educational and job
training activities, work opportunities, postsecondary
education and training opportunities, and other serv-
ices that will be provided to participants, and how
those activities, opportunities, and services will prepare
youth for employment in occupations in demand in
the labor market area described in clause (i);
‘‘(vi) a description of the proposed rehabilitation
or construction activities to be undertaken under the
grant and the anticipated schedule for carrying out
such activities;
VerDate 14-DEC-2004
10:20 Jul 12, 2007
Jkt 059194
PO 00001
Frm 01174
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL001.109
APPS06
PsN: PUBL001
120 STAT. 1177
PUBLIC LAW 109–281—SEPT. 22, 2006
‘‘(vii) a description of the manner in which eligible
youth will be recruited and selected as participants,
including a description of arrangements that will be
made with local boards, one-stop operators, community-
and faith-based organizations, State educational agen-
cies or local educational agencies (including agencies
of Indian tribes), public assistance agencies, the courts
of jurisdiction, agencies operating shelters for homeless
individuals and other agencies that serve youth who
are homeless individuals, foster care agencies, and
other appropriate public and private agencies;
‘‘(viii) a description of the special outreach efforts
that will be undertaken to recruit eligible young women
(including 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 devel-
oping the proposed program and assisting in service
provision and in placement activities;
‘‘(x) a description of how the proposed program
will be coordinated with other Federal, State, and local
activities and activities conducted by Indian tribes,
such as local workforce investment activities, voca-
tional education programs, adult and language instruc-
tion educational programs, activities conducted by
public schools, activities, conducted by community col-
leges, 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 supervisory personnel
in the proposed program;
‘‘(xii) a description of results to be achieved with
respect to common indicators 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
proposed program, the relationship of the proposed
program to established registered apprenticeship pro-
grams and employers, and the ability of the applicant
to grant industry-recognized skill certification through
the program;
‘‘(xiv) a description of activities that will be under-
taken to develop the leadership skills of participants;
‘‘(xv) a detailed budget and a description of the
system of fiscal controls, and auditing and account-
ability procedures, that will be used to ensure fiscal
soundness for the proposed program;
‘‘(xvi) a description of the commitments for any
additional resources (in addition to the funds made
available through the grant) to be made available to
the proposed program from—
‘‘(I) the applicant;
‘‘(II) recipients of other Federal, State or local
housing and community development assistance
who will sponsor any part of the rehabilitation,
construction, operation and maintenance, or other
VerDate 14-DEC-2004
10:20 Jul 12, 2007
Jkt 059194
PO 00001
Frm 01175
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL001.109
APPS06
PsN: PUBL001
120 STAT. 1178
PUBLIC LAW 109–281—SEPT. 22, 2006
housing and community development 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
programs, adult and language instruction edu-
cational programs, and job training 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
‘‘(III) construction of the property;
‘‘(xviii) information identifying, and a description
of, the entity that will operate and manage the prop-
erty;
‘‘(xix) information identifying, and a description
of, the data collection systems to be used;
‘‘(xx) a certification, by a public official responsible
for the housing strategy for the State or unit of general
local government within which the proposed program
is located, that the proposed program is consistent
with the housing strategy; and
‘‘(xxi) a certification that the applicant 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 subsection, the applicant and
the applicant’s proposed program shall meet such selection
criteria as the Secretary shall establish under this section,
which shall include criteria relating to—
‘‘(A) the qualifications or potential capabilities of an
applicant;
‘‘(B) an applicant’s potential for developing a successful
YouthBuild program;
‘‘(C) the need for an applicant’s proposed program,
as determined by the degree of economic 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 facilities proposed to be rehabili-
tated or constructed is located (measured by indicators
such as incidence of homelessness, shortage of affordable
housing, and poverty);
‘‘(D) the commitment of an applicant to providing skills
training, leadership development, and education to partici-
pants;
‘‘(E) the focus of a proposed program on preparing
youth for occupations in demand or postsecondary edu-
cation and training opportunities;
‘‘(F) the extent of an applicant’s coordination of activi-
ties 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
VerDate 14-DEC-2004
10:20 Jul 12, 2007
Jkt 059194
PO 00001
Frm 01176
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL001.109
APPS06
PsN: PUBL001
120 STAT. 1179
PUBLIC LAW 109–281—SEPT. 22, 2006
system involved, or the extent of the applicant’s good faith
efforts in achieving such coordination;
‘‘(G) the extent of the applicant’s coordination of activi-
ties 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 coordination of activi-
ties with employers in the local area involved;
‘‘(I) the extent to which a proposed program provides
for inclusion of tenants who were previously homeless
individuals in the rental housing provided through the
program;
‘‘(J) the commitment of additional resources (in addi-
tion to the funds made available through the grant) to
a proposed program by—
‘‘(i) an applicant;
‘‘(ii) recipients of other Federal, State, or local
housing and community development assistance who
will sponsor any part of the rehabilitation, construc-
tion, operation and maintenance, or other housing and
community development 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 programs, adult
and language instruction educational programs, and
job training provided with funds available under this
title;
‘‘(K) the applicant’s potential to serve different 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 effective and efficient manner.
‘‘(5) APPROVAL.—To the extent practicable, the Secretary
shall notify each applicant, not later than 5 months after the
date of receipt of the application by the Secretary, whether
the application is approved or not approved.
‘‘(d) USE
OF
HOUSING
UNITS.—Residential housing units
rehabilitated or constructed using funds made available under sub-
section (c) shall be available solely—
‘‘(1) for rental by, or sale to, homeless individuals or low-
income families; or
‘‘(2) for use as transitional or permanent housing, 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 participate in a YouthBuild program
only if such individual is—
‘‘(i) not less than age 16 and not more than age
24, on the date of enrollment;
‘‘(ii) a member of a low-income family, a youth
in foster care (including youth aging out of foster care),
a youth offender, a youth who is an individual with
Notification.
Deadline.
VerDate 14-DEC-2004
10:20 Jul 12, 2007
Jkt 059194
PO 00001
Frm 01177
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL001.109
APPS06
PsN: PUBL001
120 STAT. 1180
PUBLIC LAW 109–281—SEPT. 22, 2006
a disability, a child of incarcerated parents, or a
migrant youth; and
‘‘(iii) a school dropout.
‘‘(B) EXCEPTION FOR INDIVIDUALS NOT MEETING INCOME
OR EDUCATIONAL NEED REQUIREMENTS.—Not more than 25
percent of the participants in such program may be individ-
uals 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, General Education
Development (GED) credential, or other State-recog-
nized equivalent (including recognized alternative
standards for individuals with disabilities); or
‘‘(ii) have been referred by a local secondary school
for participation in a YouthBuild program leading to
the attainment 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 the program for a period of
not less than 6 months and not more than 24 months.
‘‘(3) MINIMUM
TIME
DEVOTED
TO
EDUCATIONAL
SERVICES
AND ACTIVITIES.—A YouthBuild program receiving assistance
under subsection (c) shall be structured so that participants
in the program are offered—
‘‘(A) education 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, adminis-
tration, or personnel of any educational institution (including
a school) or school system, or over the selection of library
resources, textbooks, or other printed or published instructional
materials by any educational institution or school system.
‘‘(5) STATE AND LOCAL STANDARDS.—All educational pro-
grams and activities supported with funds provided under sub-
section (c) shall be consistent with applicable State and local
educational standards. Standards and procedures for the pro-
grams and activities that relate to awarding academic credit
for and certifying educational attainment in such programs
and activities shall be consistent 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 management, supervision, and coordination
of the program carried out under this section.
‘‘(2) TECHNICAL ASSISTANCE.—
‘‘(A) CONTRACTS
AND
GRANTS.—The Secretary shall
enter into contracts with or make grants to 1 or more
VerDate 14-DEC-2004
10:20 Jul 12, 2007
Jkt 059194
PO 00001
Frm 01178
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL001.109
APPS06
PsN: PUBL001
120 STAT. 1181
PUBLIC LAW 109–281—SEPT. 22, 2006
qualified national nonprofit agencies, in order to provide
training, information, technical assistance, and data
management to recipients of grants under subsection (c).
‘‘(B) RESERVATION OF FUNDS.—Of the amounts avail-
able under subsection (h) to carry out this section for
a fiscal year, the Secretary shall reserve 5 percent to carry
out subparagraph (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 pro-
vide 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 housing development agencies, other public agencies,
including 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), appro-
priations for any fiscal year for programs 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 relating 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 Development Act
of 1968 (12 U.S.C. 1701u) is amended in paragraphs (1)(B)(iii)
and (2)(B) of subsection (c), and paragraphs (1)(B)(iii) and (2)(B)
of subsection (d), by striking ‘‘Youthbuild’’ and all that follows
and inserting ‘‘YouthBuild programs receiving assistance under
section 173A of the Workforce Investment Act of 1998.’’.
(2) Section 507(b) of the Native American Housing Assist-
ance 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 National Affordable Housing Act,’’.
(3) Section 402 of the Cranston-Gonzalez National Afford-
able Housing Act (42 U.S.C. 12870) is amended by striking
the second sentence of subsections (a) and (b).
(e) REPEAL OF PROVISIONS.—Subtitle D of title IV of the Cran-
ston-Gonzalez National Affordable Housing Act (42 U.S.C. 12899
et seq.) is repealed.
29 USC 2801
prec. note.
VerDate 14-DEC-2004
10:20 Jul 12, 2007
Jkt 059194
PO 00001
Frm 01179
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL001.109
APPS06
PsN: PUBL001
120 STAT. 1182
PUBLIC LAW 109–281—SEPT. 22, 2006
(f) EFFECTIVE DATE.—This section and the amendments 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 PROVISIONS.
(a) DEFINITIONS.—For purposes of this section, unless otherwise
provided or indicated by the context—
(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, obligation, power,
authority, responsibility, right, privilege, activity, or program;
and
(3) the term ‘‘office’’ includes any office, administration,
agency, institute, unit, organizational entity, or component
thereof.
(b) TRANSFER
OF FUNCTIONS.—There are transferred 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 related functions of any officer or employee
of the Department of Housing and Urban Development) relating
to subtitle D of title IV of the Cranston-Gonzalez National Afford-
able Housing Act (42 U.S.C. 12899 et seq.).
(c) DETERMINATIONS OF CERTAIN FUNCTIONS BY THE OFFICE
OF MANAGEMENT AND BUDGET.—If necessary, the Office of Manage-
ment 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 officers and employees,
including investigators, attorneys, and administrative law
judges, as may be necessary to carry out the respective func-
tions transferred 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 Secretary of Labor
may obtain the services of experts and consultants in accord-
ance with section 3109 of title 5, United States Code, and
compensate such experts and consultants for each day
(including traveltime) 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 expenses and per diem in lieu of subsist-
ence at rates authorized by sections 5702 and 5703 of such
title for persons in Government service employed intermittently.
(e) DELEGATION
AND ASSIGNMENT.—Except where otherwise
expressly prohibited by law or otherwise provided by this section,
the Secretary of Labor may delegate any of the functions transferred
to the Secretary of Labor by this section and any function trans-
ferred 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
29 USC 2918a
note.
12 USC 1701u
note.
VerDate 14-DEC-2004
10:20 Jul 12, 2007
Jkt 059194
PO 00001
Frm 01180
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL001.109
APPS06
PsN: PUBL001
120 STAT. 1183
PUBLIC LAW 109–281—SEPT. 22, 2006
necessary or appropriate. No delegation of functions by the Sec-
retary 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 transferred under subsection
(b) among the officers of the Department 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 necessary or appropriate to administer and
manage the functions of the Department of Labor.
(h) TRANSFER AND ALLOCATIONS OF APPROPRIATIONS.—Except
as otherwise provided in this section, the assets, liabilities, grants,
contracts, property, records, and unexpended balances of appropria-
tions, authorizations, allocations, and other funds used, held, arising
from, available 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 Depart-
ment of Labor. Unexpended funds transferred pursuant to this
subsection shall be used only for the purposes for which the funds
were originally authorized and appropriated.
(i) TRANSFERS.—The Director of the Office of Management and
Budget, at such time or times as the Director shall provide, is
authorized to make such determinations 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, authorizations,
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 provisions of this section. The Director
of the Office of Management and Budget shall provide for the
termination of the affairs of all entities terminated by this section
and for such further measures and dispositions as may be necessary
to effectuate the purposes of this section.
(j) SAVINGS PROVISIONS.—
(1) CONTINUING EFFECT OF LEGAL DOCUMENTS.—All orders,
determinations, rules, regulations, permits, agreements, grants,
contracts, certificates, licenses, registrations, privileges, and
other administrative actions—
(A) which have been issued, made, granted, or allowed
to become effective by the President, any Federal agency
or official thereof, or by a court of competent jurisdiction,
in the performance 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 effective 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 revoked 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.
VerDate 14-DEC-2004
10:20 Jul 12, 2007
Jkt 059194
PO 00001
Frm 01181
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL001.109
APPS06
PsN: PUBL001
120 STAT. 1184
PUBLIC LAW 109–281—SEPT. 22, 2006
(2) PROCEEDINGS NOT AFFECTED.—The provisions of this
section shall not affect any proceedings, including notices of
proposed rulemaking, or any application for any license, permit,
certificate, or financial assistance pending before the Depart-
ment of Housing and Urban Development at the time this
section takes effect, with respect to functions transferred by
this section but such proceedings and applications shall be
continued. Orders shall be issued in such proceedings, appeals
shall be taken therefrom, 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. Nothing 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 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 enacted.
(4) NONABATEMENT OF ACTIONS.—No suit, action, or other
proceeding commenced by or against the Department of
Housing and Urban Development, or by or against any indi-
vidual in the official capacity of such individual as an officer
of the Department of Housing and Urban Development, shall
abate by reason of the enactment of this section.
(5) ADMINISTRATIVE ACTIONS RELATING TO PROMULGATION
OF REGULATIONS.—Any administrative action relating to the
preparation or promulgation of a regulation by the Department
of Housing and Urban Development relating to a function trans-
ferred 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 applica-
tion to any person or circumstance is held invalid, neither the
remainder of this section nor the application of the provision to
other persons or circumstances shall be affected.
(l) TRANSITION.—The Secretary of Labor is authorized to
utilize—
(1) the services of such officers, employees, and other per-
sonnel of the Department of Housing and Urban Development
with respect to functions transferred 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 implementa-
tion of this section.
(m) ACCOMPLISHING ORDERLY TRANSFER.—Consistent with the
requirements of this section, the Secretary of Labor and the Sec-
retary of Housing and Urban Development shall take such actions
as the Secretaries determine are appropriate to accomplish the
orderly transfer of functions as described in subsection (b).
(n) ADMINISTRATION OF PRIOR GRANTS.—Notwithstanding any
other provision of this Act, grants awarded under subtitle D of
VerDate 14-DEC-2004
10:20 Jul 12, 2007
Jkt 059194
PO 00001
Frm 01182
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL001.109
APPS06
PsN: PUBL001
120 STAT. 1185
PUBLIC LAW 109–281—SEPT. 22, 2006
LEGISLATIVE HISTORY—S. 3534:
CONGRESSIONAL RECORD, Vol. 152 (2006):
Aug. 3, considered and passed Senate.
Sept. 6, considered and passed House.
title IV of the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 12899 et seq.) with funds appropriated for fiscal year
2006 or a preceding fiscal year shall be subject to the continuing
authority of the Secretary of Housing and Urban Development
under the provisions of such subtitle, as in effect 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 Development, has expired and the Secretary
has completed the administrative responsibilities associated with
the grants.
(o) REFERENCES.—A reference in any other Federal law, Execu-
tive order, rule, regulation, or delegation of authority, or any docu-
ment of or relating to—
(1) the Secretary of Housing and Urban Development with
regard to functions transferred under subsection (b), shall be
deemed to refer to the Secretary of Labor; and
(2) the Department of Housing and Urban Development
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.
Approved September 22, 2006.
VerDate 14-DEC-2004
10:20 Jul 12, 2007
Jkt 059194
PO 00001
Frm 01183
Fmt 6580
Sfmt 6580
E:\PUBLAW\PUBL001.109
APPS06
PsN: PUBL001