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 is hereby repealed.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.
`(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;
`(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
`(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
`(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;
`(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--
`(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;
`(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--
`(II) acquisition of the property; or
`(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.
(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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