[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3534 Engrossed in Senate (ES)]
109th CONGRESS
2d Session
S. 3534
_______________________________________________________________________
AN ACT
To amend the Workforce Investment Act of 1998 to provide for a
YouthBuild program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``YouthBuild Transfer Act''.
SEC. 2. YOUTHBUILD PROGRAM.
(a) Establishment of YouthBuild Program in the Department of
Labor.--Subtitle D of title I of the Workforce Investment Act of 1998
is amended by inserting before section 174 (29 U.S.C. 2919) the
following new section:
``SEC. 173A. YOUTHBUILD PROGRAM.
``(a) Statement of Purpose.--The purposes of this section are--
``(1) to enable disadvantaged youth to obtain the education
and employment skills necessary to achieve economic self-
sufficiency in occupations in demand and postsecondary
education and training opportunities;
``(2) to provide disadvantaged youth with opportunities for
meaningful work and service to their communities;
``(3) to foster the development of employment and
leadership skills and commitment to community development among
youth in low-income communities; and
``(4) to expand the supply of permanent affordable housing
for homeless individuals and low-income families by utilizing
the energies and talents of disadvantaged youth.
``(b) Definitions.--In this section:
``(1) Adjusted income.--The term `adjusted income' has the
meaning given the term in section 3(b) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)).
``(2) Applicant.--The term `applicant' means an eligible
entity that has submitted an application under subsection (c).
``(3) Eligible entity.--The term `eligible entity' means a
public or private nonprofit agency or organization (including a
consortium of such agencies or organizations), including--
``(A) a community-based organization;
``(B) a faith-based organization;
``(C) an entity carrying out activities under this
title, such as a local board;
``(D) a community action agency;
``(E) a State or local housing development agency;
``(F) an Indian tribe or other agency primarily
serving Indians;
``(G) a community development corporation;
``(H) a State or local youth service or
conservation corps; and
``(I) any other entity eligible to provide
education or employment training under a Federal
program (other than the program carried out under this
section).
``(4) Homeless individual.--The term `homeless individual'
has the meaning given the term in section 103 of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11302).
``(5) Housing development agency.--The term `housing
development agency' means any agency of a State or local
government, or any private nonprofit organization, that is
engaged in providing housing for homeless individuals or low-
income families.
``(6) Income.--The term `income' has the meaning given the
term in section 3(b) of the United States Housing Act of 1937
(42 U.S.C. 1437a(b)).
``(7) Indian; indian tribe.--The terms `Indian' and `Indian
tribe' have the meanings given such terms in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b).
``(8) Individual of limited english proficiency.--The term
`individual of limited English proficiency' means an eligible
participant under this section who meets the criteria set forth
in section 203(10) of the Adult Education and Family Literacy
Act (20 U.S.C. 9202(10)).
``(9) Low-income family.--The term `low-income family'
means a family described in section 3(b)(2) of the United
States Housing Act of 1937 (42 U.S.C. 1437a(b)(2)).
``(10) Qualified national nonprofit agency.--The term
`qualified national nonprofit agency' means a nonprofit agency
that--
``(A) has significant national experience providing
services consisting of training, information, technical
assistance, and data management to YouthBuild programs
or similar projects; and
``(B) has the capacity to provide those services.
``(11) Registered apprenticeship program.--The term
`registered apprenticeship program' means an apprenticeship
program--
``(A) registered under the Act of August 16, 1937
(commonly known as the `National Apprenticeship Act';
50 Stat. 664, chapter 663; 20 U.S.C. 50 et seq.); and
``(B) that meets such other criteria as may be
established by the Secretary under this section.
``(12) Transitional housing.--The term `transitional
housing' means housing provided for the purpose of facilitating
the movement of homeless individuals to independent living
within a reasonable amount of time. The term includes housing
primarily designed to serve deinstitutionalized homeless
individuals and other homeless individuals who are individuals
with disabilities or members of families with children.
``(13) Youthbuild program.--The term `YouthBuild program'
means any program that receives assistance under this section
and provides disadvantaged youth with opportunities for
employment, education, leadership development, and training
through the rehabilitation or construction of housing for
homeless individuals and low-income families, and of public
facilities.
``(c) YouthBuild Grants.--
``(1) Amounts of grants.--The Secretary is authorized to
make grants to applicants for the purpose of carrying out
YouthBuild programs approved under this section.
``(2) Eligible activities.--An entity that receives a grant
under this subsection shall use the funds made available
through the grant to carry out a YouthBuild program, which may
include the following activities:
``(A) Education and workforce investment activities
including--
``(i) work experience and skills training
(coordinated, to the maximum extent feasible,
with preapprenticeship and registered
apprenticeship programs) in the rehabilitation
and construction activities described in
subparagraphs (B) and (C);
``(ii) occupational skills training;
``(iii) other paid and unpaid work
experiences, including internships and job
shadowing;
``(iv) services and activities designed to
meet the educational needs of participants,
including--
``(I) basic skills instruction and
remedial education;
``(II) language instruction
educational programs for individuals
with limited English proficiency;
``(III) secondary education
services and activities, including
tutoring, study skills training, and
dropout prevention activities, designed
to lead to the attainment of a
secondary school diploma, General
Education Development (GED) credential,
or other State-recognized equivalent
(including recognized alternative
standards for individuals with
disabilities);
``(IV) counseling and assistance in
obtaining postsecondary education and
required financial aid; and
``(V) alternative secondary school
services;
``(v) counseling services and related
activities, such as comprehensive guidance and
counseling on drug and alcohol abuse and
referral;
``(vi) activities designed to develop
employment and leadership skills, which may
include community service and peer-centered
activities encouraging responsibility and other
positive social behaviors, and activities
related to youth policy committees that
participate in decision-making related to the
program;
``(vii) supportive services and provision
of need-based stipends necessary to enable
individuals to participate in the program and
supportive services to assist individuals, for
a period not to exceed 12 months after the
completion of training, in obtaining or
retaining employment, or applying for and
transitioning to postsecondary education; and
``(viii) job search and assistance.
``(B) Supervision and training for participants in
the rehabilitation or construction of housing,
including residential housing for homeless individuals
or low-income families, or transitional housing for
homeless individuals.
``(C) Supervision and training for participants in
the rehabilitation or construction of community and
other public facilities, except that not more than 10
percent of funds appropriated to carry out this section
may be used for such supervision and training.
``(D) Payment of administrative costs of the
applicant, except that not more than 15 percent of the
amount of assistance provided under this subsection to
the grant recipient may be used for such costs.
``(E) Adult mentoring.
``(F) Provision of wages, stipends, or benefits to
participants in the program.
``(G) Ongoing training and technical assistance
that are related to developing and carrying out the
program.
``(H) Follow-up services.
``(3) Application.--
``(A) Form and procedure.--To be qualified to
receive a grant under this subsection, an eligible
entity shall submit an application at such time, in
such manner, and containing such information as the
Secretary may require.
``(B) Minimum requirements.--The Secretary shall
require that the application contain, at a minimum--
``(i) labor market information for the
labor market area where the proposed program
will be implemented, including both current
data (as of the date of submission of the
application) and projections on career
opportunities in growing industries;
``(ii) a request for the grant, specifying
the amount of the grant requested and its
proposed uses;
``(iii) a description of the applicant and
a statement of its qualifications, including a
description of the applicant's relationship
with local boards, one-stop operators, local
unions, entities carrying out registered
apprenticeship programs, other community
groups, and employers, and the applicant's past
experience, if any, with rehabilitation or
construction of housing or public facilities,
and with youth education and employment
training programs;
``(iv) a description of the proposed site
for the proposed program;
``(v) a description of the educational and
job training activities, work opportunities,
postsecondary education and training
opportunities, and other services that will be
provided to participants, and how those
activities, opportunities, and services will
prepare youth for employment in occupations in
demand in the labor market area described in
clause (i);
``(vi) a description of the proposed
rehabilitation or construction activities to be
undertaken under the grant and the anticipated
schedule for carrying out such activities;
``(vii) a description of the manner in
which eligible youth will be recruited and
selected as participants, including a
description of arrangements that will be made
with local boards, one-stop operators,
community- and faith-based organizations, State
educational agencies or local educational
agencies (including agencies of Indian tribes),
public assistance agencies, the courts of
jurisdiction, agencies operating shelters for
homeless individuals and other agencies that
serve youth who are homeless individuals,
foster care agencies, and other appropriate
public and private agencies;
``(viii) a description of the special
outreach efforts that will be undertaken to
recruit eligible young women (including young
women with dependent children) as participants;
``(ix) a description of the specific role
of employers in the proposed program, such as
their role in developing the proposed program
and assisting in service provision and in
placement activities;
``(x) a description of how the proposed
program will be coordinated with other Federal,
State, and local activities and activities
conducted by Indian tribes, such as local
workforce investment activities, vocational
education programs, adult and language
instruction educational programs, activities
conducted by public schools, activities,
conducted by community colleges, national
service programs, and other job training
provided with funds available under this title;
``(xi) assurances that there will be a
sufficient number of adequately trained
supervisory personnel in the proposed program;
``(xii) a description of results to be
achieved with respect to common indicators of
performance for youth and lifelong learning, as
identified by the Secretary;
``(xiii) a description of the applicant's
relationship with local building trade unions
regarding their involvement in training to be
provided through the proposed program, the
relationship of the proposed program to
established registered apprenticeship programs
and employers, and the ability of the applicant
to grant industry-recognized skill
certification through the program;
``(xiv) a description of activities that
will be undertaken to develop the leadership
skills of participants;
``(xv) a detailed budget and a description
of the system of fiscal controls, and auditing
and accountability procedures, that will be
used to ensure fiscal soundness for the
proposed program;
``(xvi) a description of the commitments
for any additional resources (in addition to
the funds made available through the grant) to
be made available to the proposed program
from--
``(I) the applicant;
``(II) recipients of other Federal,
State or local housing and community
development assistance who will sponsor
any part of the rehabilitation,
construction, operation and
maintenance, or other housing and
community development activities
undertaken as part of the proposed
program; or
``(III) entities carrying out other
Federal, State, or local activities or
activities conducted by Indian tribes,
including vocational education
programs, adult and language
instruction educational programs, and
job training provided with funds
available under this title;
``(xvii) information identifying, and a
description of, the financing proposed for
any--
``(I) rehabilitation of the
property involved;
``(II) acquisition of the property;
or
``(III) construction of the
property;
``(xviii) information identifying, and a
description of, the entity that will operate
and manage the property;
``(xix) information identifying, and a
description of, the data collection systems to
be used;
``(xx) a certification, by a public
official responsible for the housing strategy
for the State or unit of general local
government within which the proposed program is
located, that the proposed program is
consistent with the housing strategy; and
``(xxi) a certification that the applicant
will comply with the requirements of the Fair
Housing Act (42 U.S.C. 3601 et seq.) and will
affirmatively further fair housing.
``(4) Selection criteria.--For an applicant to be eligible
to receive a grant under this subsection, the applicant and the
applicant's proposed program shall meet such selection criteria
as the Secretary shall establish under this section, which
shall include criteria relating to--
``(A) the qualifications or potential capabilities
of an applicant;
``(B) an applicant's potential for developing a
successful YouthBuild program;
``(C) the need for an applicant's proposed program,
as determined by the degree of economic distress of the
community from which participants would be recruited
(measured by indicators such as poverty, youth
unemployment, and the number of individuals who have
dropped out of secondary school) and of the community
in which the housing and public facilities proposed to
be rehabilitated or constructed is located (measured by
indicators such as incidence of homelessness, shortage
of affordable housing, and poverty);
``(D) the commitment of an applicant to providing
skills training, leadership development, and education
to participants;
``(E) the focus of a proposed program on preparing
youth for occupations in demand or postsecondary
education and training opportunities;
``(F) the extent of an applicant's coordination of
activities to be carried out through the proposed
program with local boards, one-stop operators, and one-
stop partners participating in the operation of the
one-stop delivery system involved, or the extent of the
applicant's good faith efforts in achieving such
coordination;
``(G) the extent of the applicant's coordination of
activities with public education, criminal justice,
housing and community development, national service, or
postsecondary education or other systems that relate to
the goals of the proposed program;
``(H) the extent of an applicant's coordination of
activities with employers in the local area involved;
``(I) the extent to which a proposed program
provides for inclusion of tenants who were previously
homeless individuals in the rental housing provided
through the program;
``(J) the commitment of additional resources (in
addition to the funds made available through the grant)
to a proposed program by--
``(i) an applicant;
``(ii) recipients of other Federal, State,
or local housing and community development
assistance who will sponsor any part of the
rehabilitation, construction, operation and
maintenance, or other housing and community
development activities undertaken as part of
the proposed program; or
``(iii) entities carrying out other
Federal, State, or local activities or
activities conducted by Indian tribes,
including vocational education programs, adult
and language instruction educational programs,
and job training provided with funds available
under this title;
``(K) the applicant's potential to serve different
regions, including rural areas and States that have not
previously received grants for YouthBuild programs; and
``(L) such other factors as the Secretary
determines to be appropriate for purposes of carrying
out the proposed program in an effective and efficient
manner.
``(5) Approval.--To the extent practicable, the Secretary
shall notify each applicant, not later than 5 months after the
date of receipt of the application by the Secretary, whether
the application is approved or not approved.
``(d) Use of Housing Units.--Residential housing units
rehabilitated or constructed using funds made available under
subsection (c) shall be available solely--
``(1) for rental by, or sale to, homeless individuals or
low-income families; or
``(2) for use as transitional or permanent housing, for the
purpose of assisting in the movement of homeless individuals to
independent living.
``(e) Additional Program Requirements.--
``(1) Eligible participants.--
``(A) In general.--Except as provided in
subparagraph (B), an individual may participate in a
YouthBuild program only if such individual is--
``(i) not less than age 16 and not more
than age 24, on the date of enrollment;
``(ii) a member of a low-income family, a
youth in foster care (including youth aging out
of foster care), a youth offender, a youth who
is an individual with a disability, a child of
incarcerated parents, or a migrant youth; and
``(iii) a school dropout.
``(B) Exception for individuals not meeting income
or educational need requirements.--Not more than 25
percent of the participants in such program may be
individuals who do not meet the requirements of clause
(ii) or (iii) of subparagraph (A), but who--
``(i) are basic skills deficient, despite
attainment of a secondary school diploma,
General Education Development (GED) credential,
or other State-recognized equivalent (including
recognized alternative standards for
individuals with disabilities); or
``(ii) have been referred by a local
secondary school for participation in a
YouthBuild program leading to the attainment of
a secondary school diploma.
``(2) Participation limitation.--An eligible individual
selected for participation in a YouthBuild program shall be
offered full-time participation in the program for a period of
not less than 6 months and not more than 24 months.
``(3) Minimum time devoted to educational services and
activities.--A YouthBuild program receiving assistance under
subsection (c) shall be structured so that participants in the
program are offered--
``(A) education and related services and activities
designed to meet educational needs, such as those
specified in clauses (iv) through (vii) of subsection
(c)(2)(A), during at least 50 percent of the time
during which the participants participate in the
program; and
``(B) work and skill development activities such as
those specified in clauses (i), (ii), (iii), and (viii)
of subsection (c)(2)(A), during at least 40 percent of
the time during which the participants participate in
the program.
``(4) Authority restriction.--No provision of this section
may be construed to authorize any agency, officer, or employee
of the United States to exercise any direction, supervision, or
control over the curriculum, program of instruction,
administration, or personnel of any educational institution
(including a school) or school system, or over the selection of
library resources, textbooks, or other printed or published
instructional materials by any educational institution or
school system.
``(5) State and local standards.--All educational programs
and activities supported with funds provided under subsection
(c) shall be consistent with applicable State and local
educational standards. Standards and procedures for the
programs and activities that relate to awarding academic credit
for and certifying educational attainment in such programs and
activities shall be consistent with applicable State and local
educational standards.
``(f) Management and Technical Assistance.--
``(1) Secretary assistance.--The Secretary may enter into
contracts with 1 or more entities to provide assistance to the
Secretary in the management, supervision, and coordination of
the program carried out under this section.
``(2) Technical assistance.--
``(A) Contracts and grants.--The Secretary shall
enter into contracts with or make grants to 1 or more
qualified national nonprofit agencies, in order to
provide training, information, technical assistance,
and data management to recipients of grants under
subsection (c).
``(B) Reservation of funds.--Of the amounts
available under subsection (h) to carry out this
section for a fiscal year, the Secretary shall reserve
5 percent to carry out subparagraph (A).
``(3) Capacity building grants.--
``(A) In general.--In each fiscal year, the
Secretary may use not more than 3 percent of the
amounts available under subsection (h) to award grants
to 1 or more qualified national nonprofit agencies to
pay for the Federal share of the cost of capacity
building activities.
``(B) Federal share.--The Federal share of the cost
described in subparagraph (A) shall be 25 percent. The
non-Federal share shall be provided from private
sources.
``(g) Subgrants and Contracts.--Each recipient of a grant under
subsection (c) to carry out a YouthBuild program shall provide the
services and activities described in this section directly or through
subgrants, contracts, or other arrangements with local educational
agencies, postsecondary educational institutions, State or local
housing development agencies, other public agencies, including agencies
of Indian tribes, or private organizations.
``(h) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
for each of fiscal years 2007 through 2012 such sums as may be
necessary to carry out this section.
``(2) Fiscal year.--Notwithstanding section 189(g),
appropriations for any fiscal year for programs and activities
carried out under this section shall be available for
obligation only on the basis of a fiscal year.''.
(b) Clerical Amendment.--Section 1(b) of the Workforce Investment
Act of 1998 (relating to the table of contents) is amended by inserting
before the item relating to section 174 the following:
``Sec. 173A. YouthBuild program''.
(c) Exception to Program Year Appropriation Cycle Requirement.--
Section 189(g)(1)(A) of the Workforce Investment Act of 1998 (29 U.S.C.
2939(g)(1)(A)) is amended by inserting ``and section 173A'' after
``Except as provided in subparagraph (B)''.
(d) Conforming Amendments.--
(1) Section 3 of the Housing and Urban Development Act of
1968 (12 U.S.C. 1701u) is amended in paragraphs (1)(B)(iii) and
(2)(B) of subsection (c), and paragraphs (1)(B)(iii) and (2)(B)
of subsection (d), by striking ``Youthbuild'' and all that
follows and inserting ``YouthBuild programs receiving
assistance under section 173A of the Workforce Investment Act
of 1998.''.
(2) Section 507(b) of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C.
4183(b)) is amended by striking ``subtitle D of title IV of the
Cranston-Gonzalez National Affordable Housing Act,''.
(3) Section 402 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12870) is amended by striking
the second sentence of subsections (a) and (b).
(e) Repeal of Provisions.--Subtitle D of title IV of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 12899 et seq.) is
repealed.
(f) Effective Date.--This section and the amendments made by this
section take effect on the earlier of--
(1) the date of enactment of this Act; and
(2) September 30, 2006.
SEC. 3. TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS.
(a) Definitions.--For purposes of this section, unless otherwise
provided or indicated by the context--
(1) the term ``Federal agency'' has the meaning given to
the term ``agency'' by section 551(1) of title 5, United States
Code;
(2) the term ``function'' means any duty, obligation,
power, authority, responsibility, right, privilege, activity,
or program; and
(3) the term ``office'' includes any office,
administration, agency, institute, unit, organizational entity,
or component thereof.
(b) Transfer of Functions.--There are transferred to the Department
of Labor all functions which the Secretary of Housing and Urban
Development exercised before the effective date of this section
(including all related functions of any officer or employee of the
Department of Housing and Urban Development) relating to subtitle D of
title IV of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12899 et seq.).
(c) Determinations of Certain Functions by the Office of Management
and Budget.--If necessary, the Office of Management and Budget shall
make any determination of the functions that are transferred under
subsection (b).
(d) Personnel Provisions.--
(1) Appointments.--The Secretary of Labor may appoint and
fix the compensation of such officers and employees, including
investigators, attorneys, and administrative law judges, as may
be necessary to carry out the respective functions transferred
under this section. Except as otherwise provided by law, such
officers and employees shall be appointed in accordance with
the civil service laws and their compensation fixed in
accordance with title 5, United States Code.
(2) Experts and consultants.--The Secretary of Labor may
obtain the services of experts and consultants in accordance
with section 3109 of title 5, United States Code, and
compensate such experts and consultants for each day (including
traveltime) at rates not in excess of the rate of pay for level
IV of the Executive Schedule under section 5315 of such title.
The Secretary of Labor may pay experts and consultants who are
serving away from their homes or regular place of business
travel expenses and per diem in lieu of subsistence at rates
authorized by sections 5702 and 5703 of such title for persons
in Government service employed intermittently.
(e) Delegation and Assignment.--Except where otherwise expressly
prohibited by law or otherwise provided by this section, the Secretary
of Labor may delegate any of the functions transferred to the Secretary
of Labor by this section and any function transferred or granted to the
Secretary of Labor after the effective date of this section to such
officers and employees of the Department of Labor as the Secretary of
Labor may designate, and may authorize successive redelegations of such
functions as may be necessary or appropriate. No delegation of
functions by the Secretary of Labor under this subsection or under any
other provision of this section shall relieve the Secretary of Labor of
responsibility for the administration of such functions.
(f) Reorganization.--The Secretary of Labor is authorized to
allocate or reallocate any function transferred under subsection (b)
among the officers of the Department of Labor, and to establish,
consolidate, alter, or discontinue such organizational entities in the
Department of Labor as may be necessary or appropriate.
(g) Rules.--The Secretary of Labor is authorized to prescribe, in
accordance with the provisions of chapters 5 and 6 of title 5, United
States Code, such rules and regulations as the Secretary of Labor
determines necessary or appropriate to administer and manage the
functions of the Department of Labor.
(h) Transfer and Allocations of Appropriations.--Except as
otherwise provided in this section, the assets, liabilities, grants,
contracts, property, records, and unexpended balances of
appropriations, authorizations, allocations, and other funds used,
held, arising from, available to, or to be made available in connection
with the functions transferred by this section, subject to section 1531
of title 31, United States Code, shall be transferred to the Department
of Labor. Unexpended funds transferred pursuant to this subsection
shall be used only for the purposes for which the funds were originally
authorized and appropriated.
(i) Transfers.--The Director of the Office of Management and
Budget, at such time or times as the Director shall provide, is
authorized to make such determinations as may be necessary with regard
to the functions transferred by this section, and to make such
dispositions of assets, liabilities, grants, contracts, property,
records, and unexpended balances of appropriations, authorizations,
allocations, and other funds used, held, arising from, available to, or
to be made available in connection with such functions, subject to
section 1531 of title 31, United States Code, as may be necessary to
carry out the provisions of this section. The Director of the Office of
Management and Budget shall provide for the termination of the affairs
of all entities terminated by this section and for such further
measures and dispositions as may be necessary to effectuate the
purposes of this section.
(j) Savings Provisions.--
(1) Continuing effect of legal documents.--All orders,
determinations, rules, regulations, permits, agreements,
grants, contracts, certificates, licenses, registrations,
privileges, and other administrative actions--
(A) which have been issued, made, granted, or
allowed to become effective by the President, any
Federal agency or official thereof, or by a court of
competent jurisdiction, in the performance of functions
which are transferred under this section; and
(B) which are in effect at the time this section
takes effect, or were final before the effective date
of this section and are to become effective on or after
the effective date of this section,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, the Secretary of Labor or
other authorized official, a court of competent jurisdiction,
or by operation of law.
(2) Proceedings not affected.--The provisions of this
section shall not affect any proceedings, including notices of
proposed rulemaking, or any application for any license,
permit, certificate, or financial assistance pending before the
Department of Housing and Urban Development at the time this
section takes effect, with respect to functions transferred by
this section but such proceedings and applications shall be
continued. Orders shall be issued in such proceedings, appeals
shall be taken therefrom, and payments shall be made pursuant
to such orders, as if this section had not been enacted, and
orders issued in any such proceedings shall continue in effect
until modified, terminated, superseded, or revoked by a duly
authorized official, by a court of competent jurisdiction, or
by operation of law. Nothing in this paragraph shall be deemed
to prohibit the discontinuance or modification of any such
proceeding under the same terms and conditions and to the same
extent that such proceeding could have been discontinued or
modified if this section had not been enacted.
(3) Suits not affected.--The provisions of this section
shall not affect suits commenced before the effective date of
this section, and in all such suits, proceedings shall be had,
appeals taken, and judgments rendered in the same manner and
with the same effect as if this section had not been enacted.
(4) Nonabatement of actions.--No suit, action, or other
proceeding commenced by or against the Department of Housing
and Urban Development, or by or against any individual in the
official capacity of such individual as an officer of the
Department of Housing and Urban Development, shall abate by
reason of the enactment of this section.
(5) Administrative actions relating to promulgation of
regulations.--Any administrative action relating to the
preparation or promulgation of a regulation by the Department
of Housing and Urban Development relating to a function
transferred under this section may be continued by the
Department of Labor with the same effect as if this section had
not been enacted.
(k) Separability.--If a provision of this section or its
application to any person or circumstance is held invalid, neither the
remainder of this section nor the application of the provision to other
persons or circumstances shall be affected.
(l) Transition.--The Secretary of Labor is authorized to utilize--
(1) the services of such officers, employees, and other
personnel of the Department of Housing and Urban Development
with respect to functions transferred to the Department of
Labor by this section; and
(2) funds appropriated to such functions for such period of
time,
as may reasonably be needed to facilitate the orderly implementation of
this section.
(m) Accomplishing Orderly Transfer.--Consistent with the
requirements of this section, the Secretary of Labor and the Secretary
of Housing and Urban Development shall take such actions as the
Secretaries determine are appropriate to accomplish the orderly
transfer of functions as described in subsection (b).
(n) Administration of Prior Grants.--Notwithstanding any other
provision of this Act, grants awarded under subtitle D of title IV of
the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12899
et seq.) with funds appropriated for fiscal year 2006 or a preceding
fiscal year shall be subject to the continuing authority of the
Secretary of Housing and Urban Development under the provisions of such
subtitle, as in effect on the day before the date of enactment of this
Act, until the authority to expend applicable funds for the grants, as
specified by the Secretary of Housing and Urban Development, has
expired and the Secretary has completed the administrative
responsibilities associated with the grants.
(o) References.--A reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any document of
or relating to--
(1) the Secretary of Housing and Urban Development with
regard to functions transferred under subsection (b), shall be
deemed to refer to the Secretary of Labor; and
(2) the Department of Housing and Urban Development with
regard to functions transferred under subsection (b), shall be
deemed to refer to the Department of Labor.
(p) Effective Date.--This section takes effect on the earlier of--
(1) the date of enactment of this Act; and
(2) September 30, 2006.
Passed the Senate August 3, 2006.
Attest:
Secretary.
109th CONGRESS
2d Session
S. 3534
_______________________________________________________________________
AN ACT
To amend the Workforce Investment Act of 1998 to provide for a
YouthBuild program.