[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3534 Enrolled Bill (ENR)]
S.3534
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.