[Congressional Record Volume 152, Number 108 (Wednesday, September 6, 2006)]
[House]
[Pages H6259-H6265]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
YOUTHBUILD TRANSFER ACT
Mr. CASTLE. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (S. 3534) to amend the Workforce Investment Act of 1998 to
provide for a YouthBuild program.
The Clerk read as follows:
S. 3534
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;
[[Page H6260]]
``(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;
[[Page H6261]]
``(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,
[[Page H6262]]
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
[[Page H6263]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Delaware (Mr. Castle) and the gentleman from Illinois (Mr. Davis) each
will control 20 minutes.
The Chair recognizes the gentleman from Delaware.
General Leave
Mr. CASTLE. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks on
S. 3534.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Delaware?
There was no objection.
Mr. CASTLE. Mr. Speaker, I yield myself such time as I may consume.
It gives me great pleasure to rise today in support of S. 3534, the
YouthBuild Transfer Act. I have been working with my Senate colleagues,
the administration, the YouthBuild community, and the gentleman from
Massachusetts (Mr. Frank) for over a year, and I am pleased that we are
here today to finish our work and send the transfer to the President.
YouthBuild began as a community-based organization in 1978, was later
replicated in other cities, and ultimately authorized by Congress in
1992. The program provides grants for job training and educational
opportunities for at-risk youth who help construct or rehabilitate
housing for low-income or homeless families and individuals in their
respective communities. Each year, youth who participate in YouthBuild
receive a combination of classroom and job skills development and on-
site training in a construction trade.
Today there is a national network of more than 225 local YouthBuild
programs which have served more than 54,000 young people and built more
than 14,000 units of affordable housing in 44 States since 1994. In my
work on the Committee on Education and the Workforce, it is clear that
our high schools still have room for reform and that graduation rates
are a significant problem. This program fulfills a small niche and is
making a difference not only in degree attainment but also skills.
Since 1992, the program has been operated out of the U.S. Department
of Housing and Urban Development. Given the fact that the program is at
its core an employment and training program for disadvantaged youth,
today's bill will delete the program from HUD's jurisdiction and
transfer administrative responsibilities to the U.S. Department of
Labor.
The ultimate goal of the transfer is to improve services to youth.
This is accomplished through the transfer but also in a number of ways,
including establishing a stronger linkage to the Workforce Investment
Act, WIA, One-Stop System's specialized resources, expertise and market
knowledge, particularly in connecting the individuals to supportive
services and placing individuals in education, training, or occupations
in demand. In addition, the bill authorizes additional education and
workforce investment activities including occupational skills training,
internships and job shadowing, alternative secondary school services,
community service and peer-centered activities, and comprehensive
guidance and counseling.
{time} 1545
While enhancing these services, the YouthBuild program will maintain
its mission to provide affordable housing for low-income and homeless
individuals and families. Eligibility is targeted to a more specific
youth population by including, in addition to meeting the current-law
requirements of being between the ages of 16 and 24, and not having
finished school, being in one or more of the following categories: a
member of a low-income family, foster care youth, youth offenders,
disabled youth, children of incarcerated parents, and migrant youth.
To ensure that other at-risk youth have access to the program, an
exemption to the eligibility requirements will be expanded to allow
secondary schools to refer students to a YouthBuild program that leads
to the attainment of a secondary school diploma.
This is an easy program to support. Not only does it address housing
needs in our communities, but also addresses important educational
workforce needs by providing meaningful opportunities for at-risk youth
to acquire the basic education and job skills needed to advance to
productive employment and higher education.
It is not often the case that a program meets two important needs.
Mr. Speaker, I urge my colleagues to continue their support of the
program by passing this.
Mr. Speaker, I reserve the balance of my time.
Mr. DAVIS of Illinois. Mr. Speaker, I yield myself such time as I
might consume.
Mr. Speaker, I rise in support of the YouthBuild Transfer Act, which
would move this valuable community development program from the
Department of Housing and Urban Development to the Department of Labor.
The YouthBuild is a program designed to offer construction job
opportunities and leadership training to low-income youth while
building affordable housing for low-income communities.
While the program has been located in the Department of Housing and
Urban Development since its inception in 1993, this bill reflects a new
understanding about how we should approach youth issues. Ultimately,
the YouthBuild is a youth development program where the participants,
largely at-risk young men, nearly half of whom are African Americans,
have the opportunity to complete their education and prepare for future
careers while developing leadership skills and
[[Page H6264]]
learning the value of civic engagement and community service.
YouthBuild participants benefit from the strong counseling and
support component of the program. Counseling through the YouthBuild
helps participants navigate work and education barriers such as
substance abuse, child care, and transportation.
After graduating, YouthBuild participants continue to have access to
the resources that will help them explore post-secondary options, have
successful careers, and become role models for other at-risk youth.
Since 1993, nearly 60,000 young people have built over 15,000 units
of affordable housing. Yet this program has value that far surpasses
only the development of affordable housing. This bill provides for the
transition of this program from the Department of Housing and Urban
Development to the Department of Labor and specifically as a national
program under the Workforce Investment Act.
By integrating the YouthBuild into WIA programs, the program will
have access to a wider range of youth employment resources. As a
national program it will have the attention of the Secretary of Labor.
We welcome the program to the jurisdiction of the Committee on
Education and the Workforce. With continued appropriations, I am
confident that this program will continue to thrive in the Department
of Labor.
Mr. Speaker, I reserve the balance of my time.
Mr. CASTLE. Mr. Speaker, I continue to reserve the balance of my
time.
Mr. DAVIS of Illinois. Mr. Speaker, I yield such time as he may
consume to the gentleman from Massachusetts (Mr. Frank), the ranking
member of Financial Services.
Mr. FRANK of Massachusetts. Mr. Speaker, I appreciate very much the
yielding by the ranking member from the Education and Workforce
Committee. I hope we are going to set some good examples for the body
today.
First, my friend from Illinois correctly noted that I am the ranking
member of the Committee on Financial Services, which under this bill
will lose jurisdiction over the program. And I cheerfully get up here
to thank my colleagues for doing this.
We are too consumed by turf in this body. I must say, having served
on a number of committees, there is not a committee in the Congress
that does not have more to do than any rational human being can handle.
I wish people would be less concerned about turf.
I agree here: this is a program that makes more sense in the
Workforce Committee. It will also resolve a problem we have had in
which the appropriation for this program was bounced back and forth
between the appropriations subcommittee that deals with HUD and the
appropriations committee that deals with the Department of Labor.
I do note parenthetically, I guess, I am surprised that my Republican
colleagues have not yet changed the name of the Secretary of Labor to
the Secretary of Workforce. They let that nasty word ``labor'' survive
longer than I think they meant to.
The point is that there was a tension that was there. I want to
express my appreciation to all of my colleagues, including those on the
appropriations committee, for dealing with it. And my understanding is
that once this bill, which goes from here to the President's desk for
what I know is a sure signature, it will free up a contingent
appropriation that we have, that is, an appropriation was in, I think,
the Labor-H bill contingent on this being done.
So this is a good example, I hope, of cooperation between committees
about how to do things. It is also a very good example of
bipartisanship. I want to particularly express my appreciation and
admiration to the gentleman from Delaware. This was a subject that
should not have been hard, but for a variety of reasons it became hard.
It involved two appropriations subcommittees, two standing committees,
and then it involved that wondrous place, the United States Senate,
where very little is simple.
And I want to express my admiration for the extent to which the
gentleman from Delaware navigated between shoals in the Senate. I do
notice that the Washingtonian magazine listed him as a ``bridge
builder.'' And I have to say that in getting all of the various pieces
together, and he was able to take the lead in this, he built a bridge
that rivals the Delaware Water Gap Bridge in terms of what he was able
to do. I am very appreciative.
Because what we have here, as both of my colleagues have said, is a
wonderful program. It does what a lot of people talk about doing, but
we are rarely able to do. It goes to young people, including many young
people who have had troubled pasts who have been not only troubled, but
let's be honest, troubling to others. And it takes some of those who
are willing to make an effort to straighten out their lives and gives
them a framework in which to do it. I have experienced this program in
the city of New Bedford, Massachusetts, which has had some problems.
I see my colleague from Georgia here, who did us the great honor of
coming to New Bedford and was very well received. We have a situation
there with young people who were in those circumstances, and this
program has been a wonderful program.
It is actually kind of a two-in-one program, because it provides
great help to the young people, and we also get some affordable housing
out of it. It is not primarily a housing program, that is why it
belongs in this Committee on Workforce, but it does have a housing
benefit. And so what we have is a very good program tangled up in
jurisdictional issues.
Thanks to the leadership of the gentleman from Delaware, and it was a
fortuitous circumstance that he serves on both of the committees,
Financial Services and Education and Workforce, and the great
enthusiasm of the gentleman from Illinois who has been a strong
advocate of this and has helped when we tried to save it a couple of
times.
Because of this ambiguity, it was in nobody's appropriation bill.
Given the limited allocations that appropriators have, they have the
reverse turf issue, because the more you have to cover a program, the
less you have got for your other programs. So for a couple of years
now, we have had this problem where this program became orphaned in the
appropriations process. It was the subject of an unusual custody: both
parents were insisting that the other one take responsibility.
We finally resolved that. And so what has happened is that the
legislative situation has caught up with an excellent substance. And I
now am very pleased that we are going to pass this bill. It is going to
be signed by the President. The appropriation will go forward. I have
to say the appropriation is not what I would like it to be. Like a lot
of other good programs, it has suffered from being squeezed by the, I
think, the distorted priorities of this Congress. I do not want to be
wholly bipartisan about all of this.
But at least we have saved the program to fight again for a better
day. For that I thank the gentleman from Delaware for his leadership,
the gentleman from Illinois who has been a strong supporter, and let me
say, as a member of the Financial Services Committee, and we had
jurisdiction over this program, I say good-bye to it cheerfully,
because I understand that in its new home it will be very well taken
care of.
Mr. CASTLE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, let me thank the gentleman from Massachusetts for his
kind words. I hadn't thought about the jurisdictional aspects of this
bill until he raised it for it. I cannot really take much credit for it
since I am both the receiving and the giving end of this.
But I do agree with his kind words about the legislation. He has been
a behind-the-scenes pusher for this legislation for all of this time.
In fact, frankly, without his support we would not be where we are
today. He is absolutely right: nobody is ever willing to yield
jurisdiction on anything around here. So it is a sign of the times,
perhaps, that we can move something forward.
I have no further speakers and I am prepared to yield.
Mr. DAVIS of Illinois. Mr. Speaker, I have no further requests for
time. I would like to thank the gentleman from Delaware. I want to
thank the gentleman from Massachusetts for recognizing that enough is
enough and that there is enough work to go around, and for being
willing to give up jurisdiction of this work.
I am sure that Education and the Workforce would gladly take it.
[[Page H6265]]
Mr. McKEON. Mr. Speaker, I rise today in support of S. 3534, the
YouthBuild Transfer Act. I commend the gentleman from Delaware for his
leadership on this issue and for sponsoring the corresponding House
legislation.
Through community organizations nationwide, YouthBuild provides
education and job training services, leadership training, counseling,
and other support activities to at-risk youth, who--as part of their
training--help construct or rehabilitate housing for low-income or
homeless families in their communities.
The bill before us today simply would transfer operation and
oversight of the program from the Department of Housing and Urban
Development to the Department of Labor. President Bush proposed this
change in his two most recent budgets, based on the recommendation of
the White House Task Force for Disadvantaged Youth.
The YouthBuild program is, at its core, an employment and training
program for disadvantaged youth. The Department of Labor is the Federal
agency with primary responsibility for providing youth development and
employment services, including the youth development program of the
Workforce Investment Act and the Job Corps program. Therefore, moving
this program to the Department of Labor will allow better coordination
of services for at-risk youth, strengthen connections to the workforce
investment system, and streamline program operations.
Mr. Speaker, by moving the program under the Workforce Investment
Act, YouthBuild will make more efficient and effective use of Federal
funds. The program will be able to maximize collaboration with partners
in the One-Stop Career Centers and reduce duplication of efforts across
funding streams. In addition, the program will emphasize training that
leads to industry-recognized certifications, which will increase
participants' access to high demand jobs. At the same time, the program
will retain the dual purpose of providing affordable housing.
In short, this transfer will enhance the YouthBuild program and
provide meaningful opportunities for at-risk youth to acquire the basic
education and job skills they need to advance to higher education and
productive employment, while at the same time helping rebuild
communities. This is a sound, straightforward, and common sense
proposal that I urge my colleagues to support.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today to support S.
3534, a bill to amend the Workforce Investment Act of 1998 to provide
for a YouthBuild program.
The YouthBuild Program enables 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.
The program provides disadvantaged youth with opportunities for
meaningful work and service to their communities. The goals of the
program include fostering the development of employment and leadership
skills and commitment to community development among youth in low-
income communities, and expanding the supply of permanent affordable
housing for homeless individuals and low-income families by utilizing
the energies and talents of disadvantaged youth.
The program provides a crucial package of work experience and skills
training, occupational skills training, internships and job shadowing,
remedial education, language instruction educational programs for
individuals with limited English proficiency, secondary education,
counseling and assistance in obtaining postsecondary education and
required financial aid, and job search assistance.
If you are between the ages of 16 and 24, and have dropped out of
school, this is a way to pick up the pieces and learn a craft that can
literally rebuild your life and rebuild your neighborhood.
The program is intended for individuals who are serious and
committed, interested in learning construction, interested in helping
to rehabilitate affordable housing, a low income School drop out, and
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.
This is an excellent program; we are pleased to have it in my
district in Houston. However, it is underfunded, and because of this,
it struggles to find the direction it needs to achieve, its maximum
benefit. Worthwhile programs like this must be fully funded and
supported.
I urge my colleagues to support this bill.
Mr. DAVIS of Illinois. Mr. Speaker, I yield back the balance of my
time.
Mr. CASTLE. Mr. Speaker, I urge support of what I think is a very
good piece of legislation, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Delaware (Mr. Castle) that the House suspend the rules
and pass the Senate bill, S. 3534.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate bill was passed.
A motion to reconsider was laid on the table.
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