[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3534 Engrossed in Senate (ES)]


  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  2d Session
                                S. 3534

_______________________________________________________________________

                                 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 Department 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-
        sufficiency 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 
        leadership 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;
                    ``(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 
                services consisting of training, information, technical 
                assistance, 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 
                (commonly 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 
                established 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 program' 
        means any program that receives assistance under this section 
        and provides disadvantaged youth with opportunities 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 
                        (coordinated, to the maximum extent feasible, 
                        with preapprenticeship and registered 
                        apprenticeship programs) 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 education;
                                    ``(II) language instruction 
                                educational programs for individuals 
                                with limited English proficiency;
                                    ``(III) secondary education 
                                services and activities, including 
                                tutoring, study skills training, and 
                                dropout prevention activities, designed 
                                to lead to the attainment of a 
                                secondary school diploma, General 
                                Education Development (GED) credential, 
                                or other State-recognized equivalent 
                                (including recognized 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
                            ``(viii) job search and assistance.
                    ``(B) Supervision and training for participants in 
                the rehabilitation or construction of housing, 
                including residential housing for homeless individuals 
                or low-income families, 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 
                participants 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 submission 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 proposed program;
                            ``(v) a description of the educational and 
                        job training activities, work opportunities, 
                        postsecondary education and training 
                        opportunities, and other services 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;
                            ``(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 agencies 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 developing 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, vocational 
                        education programs, adult and language 
                        instruction educational programs, activities 
                        conducted by public schools, activities, 
                        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 
                        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 programs 
                        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 undertaken to develop the leadership 
                        skills of participants;
                            ``(xv) a detailed budget and a description 
                        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 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 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;
                            ``(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 property;
                            ``(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 
                unemployment, 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 rehabilitated 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 participants;
                    ``(E) the focus of a proposed program on preparing 
                youth for occupations in demand or postsecondary 
                education and training opportunities;
                    ``(F) the extent of an applicant's coordination 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 coordination 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 coordination of 
                activities 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 
                addition 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, construction, 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 
subsection (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 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 
                individuals 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-recognized 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 participants 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, 
        administration, 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 programs 
        and activities supported with funds provided under subsection 
        (c) shall be consistent with applicable State and local 
        educational standards. Standards and procedures for the 
        programs 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 
                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 
                available 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 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 
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), 
        appropriations 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 
        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 National Affordable Housing Act,''.
            (3) Section 402 of the Cranston-Gonzalez National 
        Affordable 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 Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 12899 et seq.) is 
repealed.
    (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 Affordable 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 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 officers and employees, including 
        investigators, attorneys, and administrative law judges, as may 
        be necessary to carry out the respective functions transferred 
        under this section. Except as otherwise provided 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 accordance 
        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 subsistence 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 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 
functions 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 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 
appropriations, 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 Department 
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.
            (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 
        Department 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 
        proceeding 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 individual 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 
        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 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 
        personnel 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 implementation of 
this section.
    (m) Accomplishing Orderly Transfer.--Consistent with the 
requirements of this section, the Secretary of Labor and the Secretary 
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 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, Executive 
order, rule, regulation, or delegation of authority, or any document 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.

            Passed the Senate August 3, 2006.

            Attest:

                                                             Secretary.
109th CONGRESS

  2d Session

                                S. 3534

_______________________________________________________________________

                                 AN ACT

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