YouthBuild Transfer Act of 2005
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Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
November 10, 2005
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Introduced in Senate
November 10, 2005
Sponsor introductory remarks on measure. (CR S12689)
November 10, 2005
Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
November 10, 2005
Floor Debate
9 membersWhat members said about S. 1999 on the floor




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Floor Debate
9 membersWhat members said about S. 1999 on the floor
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Bill Text
Latest available legislative text
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1999 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 1999
To amend the Workforce Investment Act of 1998 to transfer the
YouthBuild program from the Department of Housing and Urban Development
to the Department of Labor, to enhance the program, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 10, 2005
Mr. Kerry introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To amend the Workforce Investment Act of 1998 to transfer the
YouthBuild program from the Department of Housing and Urban Development
to the Department of Labor, to enhance the program, and for other
purposes.
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 of 2005''.
SEC. 2. REPEAL OF PROVISIONS.
Subtitle D of title IV of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12899 et seq.) is hereby repealed.
SEC. 3. ESTABLISHMENT OF YOUTHBUILD PROGRAM IN THE DEPARTMENT OF LABOR.
The Workforce Investment Act of 1998 (Public Law 105-220) is
amended by adding at the end the following:
``TITLE VI--YOUTHBUILD PROGRAM
``SEC. 601. YOUTHBUILD PROGRAM.
``(a) Statement of Purpose.--It is the purpose of this section--
``(1) to enable economically disadvantaged young adults to
obtain--
``(A) the education and employment skills necessary
to achieve economic self-sufficiency in occupations in
demand; and
``(B) post-secondary education and training
opportunities;
``(2) to provide economically disadvantaged young adults
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
young adults in low-income communities; and
``(4) to expand the supply of permanent affordable housing
for homeless individuals and members of low- and very low-
income families by utilizing the energies and talents of
economically disadvantaged young adults.
``(b) Definitions.--For purposes of this section, the following
definitions shall apply:
``(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 a public or
private nonprofit or organization, including--
``(A) a community-based organization;
``(B) a faith-based organization;
``(C) entities carrying out activities under this
title, such as local boards and one-stop operators;
``(D) a community action agency;
``(E) a State or local housing development agency;
``(F) a community development corporation;
``(G) a State or local youth service or
conservation corps;
``(H) an Indian tribe; and
``(I) any other entity eligible to provide
education and employment training under other Federal
employment training programs.
``(3) Faith-based organization.--The term `faith-based
organization' means any organization the founding, governance,
or membership of which is derived from a religious institution
or religiously-affiliated entity.
``(4) Homeless individual.--The term `homeless individual'
has the same meaning as in section 103 of the Stewart B.
McKinney 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 or low-income
families.
``(6) Income.--For purposes of this section, the term
`income' has the same meaning as in section 3(b) of the United
States Housing Act of 1937 (42 U.S.C. 1437a(b)).
``(7) Indian tribe.--The term `Indian tribe' has the same
meaning as in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(e)).
``(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' has
the same meaning as in section 3(b) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)).
``(10) Qualified nonprofit or public agency.--The term
`qualified nonprofit or public agency' means any nonprofit
agency that has significant prior national experience providing
information, training, technical assistance, and data
management to YouthBuild programs or similar projects, and that
has the current capacity to provide such services.
``(11) Related facilities.--The term `related facilities'
includes cafeterias or dining halls, community rooms or
buildings, appropriate recreation facilities, and other
essential service facilities.
``(12) Registered apprenticeship.--The term `registered
apprenticeship' means an apprenticeship program--
``(A) registered under the National Apprenticeship
Act (29 U.S.C. 50 et seq.); and
``(B) that meets other criteria that may be
established by the Secretary under this section.
``(13) Transitional housing.--The term `transitional
housing'--
``(A) means a project that has as its purpose
facilitating the movement of homeless individuals and
families to independent living within a reasonable
amount of time; and
``(B) includes housing primarily designed to serve
deinstitutionalized homeless individuals and other
homeless individuals with mental or physical
disabilities and homeless families with children.
``(14) Very low-income family.--The term `very low-income
family' has the same meaning as in section 3(b) of the United
States Housing Act of 1937 (42 U.S.C. 1437a(b)).
``(15) 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 in
the construction or rehabilitation of housing for homeless
individuals, members of low- and very low-income families, and
public facilities.
``(c) YouthBuild Grants.--
``(1) Amount 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.--Grants under this section shall
be used to carry out YouthBuild programs, which may include--
``(A) education and workforce investment
activities, including--
``(i) work experience and skills training,
coordinated, to the maximum extent feasible,
with pre-apprenticeship and registered
apprenticeship programs, in the construction
and rehabilitation 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
drop-out prevention activities,
designed to lead to the attainment of a
secondary school diploma or its
equivalent;
``(IV) counseling and assistance in
obtaining post-secondary 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 youth policy
committees that participate in decision-making
related to the program;
``(vii) supportive services and need-based
stipends necessary to enable individuals to
participate in the program and, for a period
not to exceed 12 months after completion of
training, to assist participants through
supportive services in obtaining or retraining
employment or obtaining or completing post-
secondary education placement; and
``(viii) job search and placement
assistance;
``(B) supervision and training for participants in
the rehabilitation or construction of housing and
related facilities, including residential housing for
homeless individuals and low- and very low-income
families or transitional housing for persons who are
homeless;
``(C) supervision and training for participants in
the rehabilitation or construction of community and
public facilities, which shall not exceed 10 percent of
funds appropriated to carry out this section;
``(D) administrative costs of the applicant, which
may not exceed 15 percent of the amount of assistance
provided under this section;
``(E) adult mentoring;
``(F) wages, stipends, or benefits provided to
participants, the receipt of which shall not--
``(i) diminish the eligibility of an
individual for publicly supported child care or
health care; and
``(ii) be--
``(I) counted as employment income;
or
``(II) considered a liability under
the Federal Insurance Contributions Act
(26 U.S.C. 3101 et seq.);
``(G) ongoing training and technical assistance to
grant recipients that are related to developing and
carrying out the YouthBuild program; and
``(H) follow-up services.
``(3) Application.--
``(A) Form and procedure.--Each applicant seeking a
grant under this section shall submit an application to
the Secretary at such time, in such manner, and
containing such information as the Secretary may
require.
``(B) Minimum requirements.--The Secretary shall
require that an 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 and projections on career opportunities in
growing industries;
``(ii) a request for a grant, specifying
the amount of the grant requested and its
proposed uses;
``(iii) a description of--
``(I) the applicant and a statement
of its qualifications, including a
description of the relationship of the
applicant with--
``(aa) local boards;
``(bb) one-stop operators;
``(cc) local unions;
``(dd) registered
apprenticeship programs; and
``(ee) other community
groups and employers; and
``(II) the past experience of the
applicant with housing rehabilitation
or construction, if any, and with youth
education and employment training
programs;
``(iv) a description of the proposed site
for the program;
``(v) a description of--
``(I) the educational and job
training activities;
``(II) work opportunities;
``(III) post-secondary education
and training opportunities;
``(IV) other services that will be
provided to participants; and
``(V) how these activities will
prepare youth for employment in
occupations in demand in the area to be
served by the grant;
``(vi) a description of the proposed
construction or rehabilitation activities to be
undertaken and the anticipated schedule for
carrying out such activities;
``(vii) a description of the manner in
which eligible youths will be recruited and
selected, including a description of
arrangements which will be made with--
``(I) local boards;
``(II) one-stop operators;
``(III) community- and faith-based
organizations; and
``(IV) State or local educational
agencies, including agencies of--
``(aa) Indian tribes;
``(bb) public assistance
agencies;
``(cc) the courts of
jurisdiction for status and
youth offenders;
``(dd) shelters for
homeless individuals; and
``(ee) other agencies that
serve homeless youth, 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;
``(ix) a description of the specific role
of employers in the proposed program, such as
their role in developing and assisting the
proposed program, in service provision, and in
placement activities;
``(x) a description of how youth education
and job training programs, local boards, one-
stop operators, employers, and other key
partners will collaborate in the proposed
program;
``(xi) a description of how the proposed
program would be coordinated with other
Federal, State, and local activities and
activities conducted by Indian tribes, such
as--
``(I) vocational, adult, and
language instruction educational
programs;
``(II) public schools;
``(III) community colleges;
``(IV) national service programs;
and
``(V) other job training provided
with funds available under this
section;
``(xii) assurances that there will be a
sufficient number of adequately trained
supervisory personnel in the program;
``(xiii) a description of results to be
achieved with respect to youth and lifelong
learning common indicators of performance, as
identified by the Secretary;
``(xiv) a description of the relationship
of the applicant with local building trade
unions regarding their involvement in training,
and the relationship of the YouthBuild program
with established registered apprenticeship
programs and employers;
``(xv) a description of activities that
will be undertaken to develop the leadership
skills of participants;
``(xvi) 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;
``(xvii) a description of the commitments--
``(I) for any additional resources
to be made available to the program
from the applicant, from recipients of
other Federal, State, or local housing
and community development assistance
who will sponsor any part of the
construction, rehabilitation, operation
and maintenance, or other housing and
community development activities
undertaken as part of the program; or
``(II) from other Federal, State,
or local activities and activities
conducted by Indian tribes, including
vocational, adult and language
instruction educational programs, and
job training provided with funds
available under this section;
``(xviii) identification and description of
the financing proposed for any--
``(I) rehabilitation;
``(II) acquisition of the property;
or
``(III) construction;
``(xix) identification and description of
the entity that will operate and manage the
property;
``(xx) identification and description of
the data collection systems to be used;
``(xxi) a certification by a public
official responsible for the housing strategy
of State or local government that the proposed
activities are consistent with the housing
strategy of the State or unit of general local
government within which the project is located;
and
``(xxii) 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.--The Secretary shall establish
selection criteria for assistance under this section, which
shall include--
``(A) the qualifications or potential capabilities
of the applicant;
``(B) the potential for developing a successful
YouthBuild program;
``(C) the need for the prospective project, as
determined by the degree of economic distress of the
community from which participants would be recruited,
such as poverty, youth unemployment, and the number of
individuals who have dropped out of high school, and of
the community in which the housing proposed to be
constructed or rehabilitated would be located, such as
incidence of homelessness, shortage of affordable
housing, and poverty;
``(D) the commitment of the applicant to providing
skills training, leadership development, and education
to program participants;
``(E) the focus of the prospective project on
preparing youth--
``(i) for occupations in demand; and
``(ii) post-secondary education and
training opportunities;
``(F) the extent of coordination with other
entities in the workforce investment, public education,
criminal justice, housing development, national
service, and higher education or other systems that
relate to the goal of the YouthBuild program;
``(G) the extent of coordination with employers in
the local area;
``(H) the inclusion of previously homeless tenants
in the rental housing provided;
``(I) the commitment of other resources to the
program by--
``(i) the applicant and by recipients of
other Federal, State or local housing and
community development assistance who will
sponsor any part of the construction,
rehabilitation, operation and maintenance, or
other housing and community development
activities undertaken as part of the program;
or
``(ii) other Federal, State, or local
activities and activities conducted by Indian
tribes, including vocational, adult, and
language instruction educational programs, and
job training provided with funds available
under this section;
``(J) the extent to which grants are distributed--
``(i) to different regions including rural
areas; and
``(ii) to States that have not previously
received YouthBuild grants; and
``(K) such other factors as the Secretary
determines to be appropriate for purposes of carrying
out the program established by this section in an
effective and efficient manner.
``(5) Approval.--The Secretary shall notify each applicant,
not later than 4 months after the date of submission of the
application by that applicant, whether such application is
approved or not approved.
``(d) Use of Housing Units.--Residential housing units constructed
or rehabilitated using YouthBuild funds under this section shall be
available solely--
``(1) for rental by, or sale to, individuals or families
earning less than 80 percent of the median adjusted income for
the area; or
``(2) for use as transitional or permanent housing with the
purpose of assisting the movement of homeless individuals and
families 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 receiving assistance under this
section only if such individual is--
``(i) 16 to 24 years of age, inclusive, at
the time of enrollment;
``(ii) a very low-income individual, a
member of a very low-income family, a foster
care youth (including youth aging out of foster
care), a youth offender, a youth with a
disability, a child of incarcerated parents, or
a migrant youth; and
``(iii) an individual who is a school
dropout.
``(B) Exception for individuals not meeting income
or educational need requirements.--Not more than 25
percent of the participants in a YouthBuild program may
be individuals who do not meet the requirements of
either clause (ii) or (iii) of subparagraph (A), but
who--
``(i) are basic skills deficient, despite
attainment of a secondary school diploma or its
equivalent; 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.
``(C) Participation limitation.--Any eligible
individual selected for participation in a YouthBuild
program shall be offered full-time participation for a
period of not less than 6 months and not more than 24
months.
``(2) Minimum time devoted to educational services and
activities.--A YouthBuild program receiving assistance under
this section shall be structured so that not less than 40
percent of the time offered to participants in the program is
devoted to educational services and activities, such as those
specified in subparagraphs (A)(i), (B), and (C) of subsection
(c)(2).
``(3) 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,
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.
``(4) State and local standards.--
``(A) In general.--All educational programs and
activities supported with funds provided under this
section shall be consistent with applicable State and
local educational standards.
``(B) Academic credit.--Standards and procedures
with respect to the awarding of academic credit and
certifying educational attainment in programs described
under subparagraph (A) 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 a qualified nonprofit or public agency or a
private agency to provide assistance to the Secretary in the
management, supervision, and coordination of YouthBuild
programs receiving assistance under this section.
``(2) Technical assistance.--
``(A) Qualified nonprofit or public agency.--The
Secretary shall enter into contracts or grants with a
qualified nonprofit or public agency or a private
agency to provide appropriate training, information,
technical assistance, and capacity building assistance
to grantees assisted under this section.
``(B) YouthBuild USA.--The Secretary may enter into
contracts or grants with YouthBuild USA to provide the
assistance described in subparagraph (A).
``(3) Reservation of funds.--In each fiscal year, the
Secretary shall reserve 5 percent of the amounts available
under this section pursuant to subsection (h) to carry out
paragraph (2) of this subsection.
``(4) Capacity building grant.--In each fiscal year, the
Secretary may grant up to 3 percent of the amount available for
activities under this subtitle to YouthBuild USA for--
``(A) capacity building activities; and
``(B) subgrants to organizations eligible for
grants under this subtitle.
``(g) Subgrants and Contracts.--Each YouthBuild program shall carry
out the services and activities under this section directly or through
arrangements or under contracts and subgrants with local educational
agencies, post-secondary educational institutions, State and local
housing development agencies, or with other public agencies, including
agencies of Indian tribes, and private organizations.
``(h) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
for fiscal year 2006 and each fiscal year thereafter, such sums
as may be necessary to carry out this section.
``(2) Availability.--Any appropriations for any fiscal year
for programs and activities carried out under this section
shall be available for obligation until expended.''.
SEC. 4. TRANSITION PROVISIONS.
(a) In General.--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 transition of the YouthBuild
program from the authority provided under subtitle D of title IV of the
National Affordable Housing Act to the authority provided under section
601 of the Workforce Investment Act of 1998, as amended by section 3 of
this Act.
(b) Administration of Prior Grants.--Grants awarded under subtitle
D of title IV of the National Affordable Housing Act with funds
appropriated for fiscal year 2005 or for fiscal years preceding fiscal
year 2005 shall be subject to the continuing authority of the Secretary
of Housing and Urban Development under the statutory provisions in
effect on September 30, 2005, until the authority to expend applicable
funds, as specified by the Secretary of Housing and Urban Development,
has expired and the closeout of such grants has been completed.
(c) Savings Provisions.--
(1) Administrative actions.--
(A) Completed or final administrative actions.--Any
completed or final administrative action of the
Secretary of Housing and Urban Development, including
appeals therefrom and payments thereunder, which relate
to the administration of the YouthBuild program under
subtitle D of title IV of the National Affordable
Housing Act, shall not be affected by the enactment of
this Act, but shall continue in effect according to
their terms until amended, modified, superseded,
terminated, set aside, or revoked in accordance with
law by the Secretary of Housing and Urban Development,
an officer of the United States, or a court of
competent jurisdiction, or by operation of law.
(B) Pending administrative actions.--Any pending
administrative action relating to the administration of
the YouthBuild program under subtitle D of title IV of
the National Affordable Housing Act shall remain
subject to the authority of the Secretary of Housing
and Urban Development and shall continue to be
considered, adjudicated, or otherwise reviewed
notwithstanding the enactment of this Act, and in such
administrative actions, proceedings shall be had,
appeals taken, and judgments rendered and enforced in
the same manner and with the same effect as if
enactment of this Act had not occurred.
(C) Definition of administrative action.--For
purposes of this paragraph, the term ``administrative
action'' means orders, determinations, rules,
regulations, personnel actions, permits, agreements,
grants, financial assistance, contracts, certificates,
licenses, registrations, and privileges.
(2) Pending civil actions.--If, on or after October 1,
2005, the Secretary of Housing and Urban Development, the
Department of Housing and Urban Development, or an officer
thereof acting in an official capacity, is a party to a pending
civil action that relates to the administration of the
YouthBuild program or its functions under subtitle D of title
IV of the National Affordable Housing Act, such pending action
shall not abate and shall continue notwithstanding the
enactment of this Act, and in such action, proceedings shall be
had, appeals taken, and judgments rendered and enforced in the
same manner and with the same effect as if enactment of this
Act had not occurred.
(d) Conforming References.--Beginning on October 1, 2005,
references relating to the YouthBuild program, and to the Secretary of
Housing and Urban Development, the Department of Housing and Urban
Development, its officers, employees, or agents, or to its
corresponding organizational units or functions, in connection with
such program, whether in statutes, Executive Orders, rules,
regulations, directives, or delegations of authority, shall be deemed
to refer, as appropriate, to the Secretary of Labor, the Department of
Labor, its officers, employees, or agents, or to its corresponding
organizational units or functions, except that such conforming
references shall not take effect for purposes of administration by the
Secretary of Housing and Urban Development of prior grants under
subsection (b).
(e) Detail of Personnel.--Upon request by the Secretary of Labor,
the Secretary of Housing and Urban Development may provide, on a
reimbursable basis, detail personnel to the Secretary of Labor who
shall have experience related to the administration of the YouthBuild
program under subtitle D of title IV of the National Affordable Housing
Act, in order to assist in the implementation of this Act.
(f) Transfer of Resources.--The Secretary of Housing and Urban
Development shall transfer to the Secretary of Labor, in accordance
with section 1531 of title 31, United States Code, all property,
records, staff, and resources that the Director of the Office of
Management and Budget determines relate to the functions transferred to
the Secretary of Labor by this Act and amendments made by this Act.
SEC. 5. CLERICAL AMENDMENT.
The table of contents for the Workforce Investment Act of 1998
(Public Law 105-220) is amended by adding at the end the following:
``TITLE VI--YOUTHBUILD PROGRAM
``Sec. 601. YouthBuild program.
SEC. 6. EFFECTIVE DATES.
(a) Repeal.--Section 2 of this Act, and the amendments made
thereby, shall take effect on July 1, 2006.
(b) Workforce Investment Act Amendments.--Sections 3, 5, and 6 of
this Act, and the amendments made thereby, shall take effect on July 1,
2006.
(b) Transition.--Section 4 of this Act shall take effect on the
date of enactment of this Act.
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