[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.

                          ____________________