[Congressional Record Volume 141, Number 142 (Wednesday, September 13, 1995)]
[Senate]
[Pages S13547-S13549]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                          AMENDMENT SUBMITTED

                                 ______

      THE WORK OPPORTUNITY ACT OF 1995
                                 ______

      SIMON (AND REID) AMENDMENT NO. 2681
  Mr. SIMON (for himself and Mr. Reid) proposed an amendment to 
amendment No. 2280 proposed by Mr. Dole to the bill (H.R. 4) to restore 
the American family, reduce illegitimacy, control welfare spending, and 
reduce welfare dependence; as follows:

       At the appropriate place, insert the following new title:
                TITLE ____--COMMUNITY WORKS PROGRESS ACT

     SEC. ____00. SHORT TITLE.

       This title may be cited as the ``Community Works Progress 
     Act''.

     SEC. ____01. FUNDING FOR COMMUNITY WORKS PROGRESS PROGRAMS.

       (a) Set-Aside of Amounts from Block Grants for Temporary 
     Assistance For Needy Families.--
       (1) Reduction in state family assistance grant amount.--
     Notwithstanding section 403(a)(1)(A) of the Social Security 
     Act, as added by section 101(b) of this Act, no eligible 
     State shall receive a grant in an amount equal to the amount 
     otherwise determined under such section unless such amount is 
     reduced by the amount determined under paragraph (2).
       (2) Amount determined.--The amount determined under this 
     paragraph is the amount which bears the same ratio to 
     $240,000,000 (or, $240,000,000 reduced by the amount, if any, 
     available for such fiscal year in accordance with subsection 
     (c), whichever is lesser) as the amount otherwise determined 
     for such State under section 403(a)(2)(A) of the Social 
     Security Act, as added by section 101(b) of this Act, 
     (without regard to the reduction determined under this 
     paragraph) bears to $16,795,323,000.
       (3) Use of amounts appropriated for block grant.--
     Notwithstanding section 403(a)(4)(A) of the Social Security 
     Act, as added by section 101(b) of this Act, $240,000,000 of 
     the amounts appropriated under such section shall be used for 
     the purpose of paying grants beginning with fiscal years 
     after fiscal year 1996 to States for the operation of 
     community works progress programs. Such amounts shall be paid 
     to States in accordance with the requirements of this title 
     and shall not be subject to any requirements of part A of 
     title IV of the Social Security Act.
       (b) Limitations on Costs.--
       (1) Administrative expenses.--Not more than 10 percent of 
     the amount of each grant awarded to a State may be used for 
     administrative expenses.
       (2) Compensation and supportive services.--Not less than 70 
     percent of the amount of each grant awarded to a State may be 
     used to provide compensation and supportive services to 
     project participants.
       (3) Waiver of cost limitations.--The limitations under 
     paragraphs (1) and (2) may be waived for good cause, as 
     determined appropriate by the Secretary.
       (c) Amounts Remaining Available for State Family Assistance 
     Grants.--Any amounts appropriated for making grants under 
     this title for a fiscal year under section 403(a)(4)(A)(i) of 
     the Social Security Act (42 U.S.C. 603(a)(2)(A)(4)(A)(i)) 
     that are not paid as grants to States in accordance with this 
     title in such fiscal year shall be available for making State 
     family assistance grants for such fiscal year in accordance 
     with subsection (a)(1) of such section.

     SEC. ____01A. ESTABLISHMENT.

       In the case of any fiscal year after fiscal year 1996, the 
     Secretary of Labor (hereafter referred to in this title as 
     the ``Secretary'') shall award grants to 4 States for the 
     establishment of community works progress programs.

     SEC. ____02. DEFINITIONS.

       For purposes of this title:
       (1) Community works progress program.--The terms 
     ``community works progress program'' and ``program'' mean a 
     program designated by a State under which the State will 
     select governmental and nonprofit entities to conduct 
     community works progress projects which serve a significant 
     public purpose in fields such as health, social service, 
     environmental protection, education, urban and rural 
     development and redevelopment, welfare, recreation, public 
     facilities, public safety, and child care.
       (2) Community works progress project.--The terms 
     ``community works progress project'' and ``project'' mean an 
     activity conducted by a governmental or nonprofit entity that 
     results in a specific, identifiable service or product that, 
     but for this title, would not otherwise be done with existing 
     funds and that supplements but does not supplant existing 
     services.
       (3) Nonprofit entity.--The term ``nonprofit entity'' means 
     an organization--
       (A) described in section 501(c) of the Internal Revenue 
     Code of 1986; and
       (B) exempt from taxation under section 501(a) of such Code.

     SEC. ____03. APPLICATIONS BY STATES.

       (a) In General.--Each State desiring to conduct, or to 
     continue to conduct, a community works progress program under 
     this title shall submit an annual application to the 
     Secretary at such time and in such manner as the Secretary 
     shall require. Such application shall include--
       (1) identification of the State agency or agencies that 
     will administer the program and be the grant recipient of 
     funds for the State, and
       (2) a detailed description of the geographic area in which 
     the project is to be carried out, including such demographic 
     and economic data as are necessary to enable the Secretary to 
     consider the factors required by subsection (b).
       (b) Consideration of Applications.--
       (1) In general.--In reviewing all applications received 
     from States desiring to conduct or continue to conduct a 
     community works progress program under this title, the 
     Secretary shall consider--
       (A) the unemployment rate for the area in which each 
     project will be conducted,
       (B) the proportion of the population receiving public 
     assistance in each area in which a project will be conducted,
       (C) the per capita income for each area in which a project 
     will be conducted,
       (D) the degree of involvement and commitment demonstrated 
     by public officials in each area in which projects will be 
     conducted,
       (E) the likelihood that projects will be successful,
       (F) the contribution that projects are likely to make 
     toward improving the quality of life of residents of the area 
     in which projects will be conducted,
       (G) geographic distribution,
       (H) the extent to which projects will encourage team 
     approaches to work on real, identifiable needs,
       (I) the extent to which private and community agencies will 
     be involved in projects, and
       (J) such other criteria as the Secretary deems appropriate.
       (2) Indian tribes and urbanized areas.--
       (A) In general.--The Secretary shall ensure that--
       (i) one grant under this title shall be awarded to a State 
     that will conduct a community works progress project that 
     will serve one or more Indian tribes; and
       (ii) one grant under this title shall be awarded to a State 
     that will implement a community works progress project in a 
     city that is within an Urbanized Area (as defined by the 
     Bureau of the Census).
       (B) Indian tribe.--For purposes of this paragraph, the term 
     ``Indian tribe'' means any Indian tribe, band, nation, or 
     other organized group or community, including any Alaska 
     Native village or regional or village corporation as defined 
     in or established pursuant to the Alaska Native Claims 
     Settlement Act (43 U.S.C.A. 1601 et seq.), which is 
     recognized as eligible for the special programs and services 
     provided by the United States to Indians because of their 
     status as Indians.
       (c) Modification to Applications.--If changes in labor 
     market conditions, costs, or other factors require 
     substantial deviation from the terms of an application 
     approved by the Secretary, the State shall submit a 
     modification of such application to the Secretary.

     SEC. ____04. PROJECT SELECTION BOARD.

       (a) Establishment.--Each State that receives a grant under 
     this title shall establish a Project Selection Board 
     (hereafter referred to as the ``Board'') in the geographic 
     area or areas identified by the State under section 
     ____03(b)(2).
       (b) Membership.--
       (1) In general.--Each Board shall be composed of 13 members 
     who shall reside in the geographic area identified by the 
     State under section ____03(b)(2). Subject to paragraph (2), 
     the members of the Board shall be appointed by the Governor 
     of the State in consultation with local elected officials in 
     the geographic area.
       (2) Representatives of business and labor organizations.--
     The Board--
       (A) shall have at least one member who is an officer of a 
     recognized labor organization; and
       (B) shall have at least one member who is a representative 
     of the business community.
       (c) Duties of the Board.--The Board shall--

[[Page S 13548]]

       (1) recommend appropriate projects to the Governor;
       (2) select a manager to coordinate and supervise all 
     approved projects; and
       (3) periodically report to the Governor on the project 
     activities in a manner to be determined by the Governor.
       (d) Veto of a Project.--One member of the Board who is 
     described in subparagraph (A) of subsection (b)(2) and one 
     member of the Board who is described in subparagraph (B) of 
     such subsection shall have the authority to veto any proposed 
     project. The Governor shall determine which Board members 
     shall have the veto authority described under this 
     subsection.
       (e) Terms and Compensation of Members.--The Governor shall 
     establish the terms for Board members and specify procedures 
     for the filling vacancies and the removal of such members. 
     Any compensation or reimbursement for expenses paid to Board 
     members shall be paid by the State, as determined by the 
     Governor.

     SEC. ____05. PARTICIPATION IN PROJECTS.

       (a) In General.--To be eligible to participate in projects 
     under this title, an individual shall be--
       (1) receiving, eligible to receive, or have exhausted 
     unemployment compensation under an unemployment compensation 
     law of a State or of the United States,
       (2) receiving, eligible to receive, or at risk of becoming 
     eligible to receive, assistance under a State program funded 
     under part A of title IV of the Social Security Act,
       (3) a noncustodial parent of a child who is receiving 
     assistance under a State program funded under part A of title 
     IV of the Social Security Act,
       (4) a noncustodial parent who is not employed, or
       (5) an individual who--
       (A) is not receiving unemployment compensation under an 
     unemployment compensation law of a State or of the United 
     States;
       (B) if under the age of 20 years, has graduated from high 
     school or is continuing studies toward a high school 
     equivalency degree;
       (C) has resided in the geographic area in which the project 
     is located for a period of at least 60 consecutive days prior 
     to the awarding of the project grant by the Secretary; and
       (D) is a citizen of the United States.
       (b) Work Activity Under Block Grants for Temporary 
     Assistance for Needy Families.--For purposes of section 
     404(c)(3) of the Social Security act, as added by section 
     101(b) of this Act, the term `work activity' includes 
     participation in a community works progress program.

     SEC. ____06. MANDATORY PARTICIPATION.

       Able-bodied individuals who reside in a project area and 
     who have received assistance under a State program funded 
     under part A of title IV of the Social Security Act for more 
     than 5 weeks shall be required to participate in a project 
     unless--
       (1) the project has no available placements; or
       (2) the individual is a single custodial parent caring for 
     a child age 5 or under and has a demonstrated inability to 
     obtain needed child care, for 1 or more of the following 
     reasons:
       (A) Unavailability of appropriate child care within a 
     reasonable distance of the individual's home or work site.
       (B) Unavailability or unsuitability of informal child care 
     by a relative or under other arrangements.
       (C) Unavailability of appropriate and affordable formal 
     child care arrangements.

     SEC. ____07. HOURS AND COMPENSATION.

       (a) Determination of Compensation.--
       (1) In general.--Except as provided in paragraph (2), 
     project participants in a community works progress project 
     shall be paid the applicable Federal or State minimum wage, 
     whichever is greater.
       (2) Exceptions.--If a participant in a community works 
     progress project is--
       (A) eligible for benefits under a State program funded 
     under part A of title IV of the Social Security Act and such 
     benefits exceed the amount described in paragraph (1), such 
     participant shall be paid an amount that exceeds by 10 
     percent of the amount of such benefits; or
       (B) eligible for benefits under an unemployment 
     compensation law of a State or the United States such 
     benefits exceed the amount described in paragraph (1), such 
     participant shall be paid an amount that exceeds by 10 
     percent the amount of such benefits.
       (b) Work Requirements Related to Participation.--
       (1) In general.--
       (A) Maximum hours.--In order to assure that each individual 
     participating in a project will have time to seek alternative 
     employment or to participate in an alternative employability 
     enhancement activity, no individual may work as a participant 
     in a project under this title for more than 32 hours per 
     week.
       (B) Required job search activity.--Individuals 
     participating in a project who are not receiving assistance 
     under a State program funded under part A of title IV of the 
     Social Security Act or unemployment compensation under an 
     unemployment compensation law of a State or of the United 
     States shall be required to participate in job search 
     activities on a weekly basis.
       (c) Compensation for Participants.--
       (1) Payments of assistance under a state program funded 
     under part A of title IV and unemployment compensation.--Any 
     State agency responsible for making a payment of benefits to 
     a participant in a project under a State program funded under 
     part A of title IV of the Social Security Act or under an 
     unemployment compensation law of a State or of the United 
     States may transfer such payment to the governmental or 
     nonprofit entity conducting such project and such payment 
     shall be made by such entity to such participant in 
     conjunction with any payment of compensation made under 
     subsection (a).
       (2) Treatment of compensation or benefits under other 
     programs.--
       (A) Higher education act of 1965.--In determining any 
     grant, loan, or other form of assistance for an individual 
     under any program under the Higher Education Act of 1965, the 
     Secretary of Education shall not take into consideration the 
     compensation and benefits received by such individual under 
     this section for participation in a project.
       (B) Relationship to other federal benefits.--
     Notwithstanding any other provision of law, any compensation 
     or benefits received by an individual under this section for 
     participation in a community works progress project shall be 
     excluded from any determination of income for the purposes of 
     determining eligibility for benefits under a State program 
     funded under part A of title IV, title XVI, and title XIX of 
     the Social Security Act, or any other Federal or federally 
     assisted program which is based on need.
       (3) Supportive services.--Each participant in a project 
     conducted under this title shall be eligible to receive, out 
     of grant funds awarded to the State agency administering such 
     project, assistance to meet necessary costs of 
     transportation, child care, vision testing, eyeglasses, 
     uniforms and other work materials.

     SEC. ____08. ADDITIONAL PROGRAM REQUIREMENTS.

       (a) Nonduplication and Nondisplacement.--
       (1) Nonduplication.--
       (A) In general.--Amounts from a grant provided under this 
     title shall be used only for a project that does not 
     duplicate, and is in addition to, an activity otherwise 
     available in the State or unit of general local government in 
     which the project is carried out.
       (B) Nonprofit entity.--Amounts from a grant provided to a 
     State under this title shall not be provided to a nonprofit 
     entity to conduct activities that are the same or 
     substantially equivalent to activities provided by a State or 
     local government agency in which such entity resides, unless 
     the requirements of paragraph (2) are met.
       (2) Nondisplacement.--
       (A) In general.--A governmental or nonprofit entity shall 
     not displace any employee or position, including partial 
     displacement such as reduction in hours, wages, or employment 
     benefits, as a result of the use by such entity of a 
     participant in a project funded by a grant under this title.
       (B) Limitation on services.--
       (i) Duplication of services.--A participant in a project 
     funded by a grant under this title shall not perform any 
     services or duties or engage in activities that would 
     otherwise be performed by any employee as part of the 
     assigned duties of such employee.
       (ii) Supplantation of hiring.--A participant in a project 
     funded by a grant under this title shall not perform any 
     services or duties or engage in activities that will supplant 
     the hiring of other workers.
       (iii) Duties formerly performed by another employee.--A 
     participant in a project funded by a grant under this title 
     shall not perform services or duties that have been performed 
     by or were assigned to any presently employed worker, 
     employee who recently resigned or was discharged, employee 
     who is subject to a reduction in force, employee who is on 
     leave (terminal, temporary, vacation, emergency, or sick), or 
     employee who is on strike or who is being locked out.
       (b) Failure To Meet Requirements.--The Secretary may 
     suspend or terminate payments under this title for a project 
     if the Secretary determines that the governmental or 
     nonprofit entity conducting such project has materially 
     failed to comply with this title, the application submitted 
     under this title, or any other terms and conditions of a 
     grant under this title agreed to by the State agency 
     administering the project and the Secretary.
       (c) Grievance Procedure.--
       (1) In general.--Each State conducting a community works 
     progress program or programs under this title shall establish 
     and maintain a procedure for the filing and adjudication of 
     grievances from participants in any project conducted under 
     such program, labor organizations, and other interested 
     individuals concerning such program, including grievances 
     regarding proposed placements of such participants in 
     projects conducted under such program.
       (2) Deadline for grievances.--Except for a grievance that 
     alleges fraud or criminal activity, a grievance under this 
     paragraph shall be filed not later than 6 months after the 
     date of the alleged occurrence of the event that is the 
     subject of the grievance.
       (d) Testing and Education Requirements.--
       (1) Testing.--Each participant in a project shall be tested 
     for basic reading and writing competence prior to employment 
     under such project.
       (2) Education requirement.--

[[Page S 13549]]

       (A) Failure to satisfactorily complete test.--Participants 
     who fail to complete satisfactorily the basic competency test 
     required in paragraph (1) shall be furnished counseling and 
     instruction. Those participants who lack a marketable skill 
     must attend a technical school or community college to 
     acquire such a skill.
       (B) Limited english.--Participants with limited English 
     speaking ability may be furnished such instruction as the 
     governmental or nonprofit entity conducting the project deems 
     appropriate.
       (e) Completion of Projects.--
       (1) In general.--A governmental or nonprofit entity 
     conducting a project or projects under this title shall 
     complete such project or projects within the 2-year period 
     beginning on a date determined appropriate by such entity, 
     the State agency administering the project, and the 
     Secretary.
       (2) Modification.--The period referred to in paragraph (1) 
     may be modified in the discretion of the Secretary upon 
     application by the State in which a project is being 
     conducted.

     SEC. ____09. EVALUATIONS AND REPORTS.

       (a) By the State.--Each State conducting a community works 
     progress program or programs under this title shall conduct 
     ongoing evaluations of the effectiveness of such program 
     (including the effectiveness of such program in meeting the 
     goals and objectives described in the application approved by 
     the Secretary) and, for each year in which such program is 
     conducted, shall submit an annual report to the Secretary 
     concerning the results of such evaluations at such time, and 
     in such manner, as the Secretary shall require. The report 
     shall incorporate information from annual reports submitted 
     to the State by governmental and nonprofit entities 
     conducting projects under the program. The report shall 
     include an analysis of the effect of such projects on the 
     economic condition of the area, including their effect on 
     welfare dependency, the local crime rate, general business 
     activity (including business revenues and tax receipts), and 
     business and community leaders' evaluation of the projects' 
     success. Up to 2 percent of the amount granted to a State may 
     be used to conduct the evaluations required under this 
     subsection.
       (b) By the Secretary.--The Secretary shall submit an annual 
     report to the Congress concerning the effectiveness of the 
     community works progress programs conducted under this title. 
     Such report shall analyze the reports received by the 
     Secretary under subsection (a).

     SEC. ____10. EVALUATION.

       Not later than October 1, 2000, the Secretary shall submit 
     to the Congress a comprehensive evaluation of the 
     effectiveness of community works progress programs in 
     reducing welfare dependency, crime, and teenage pregnancy in 
     the geographic areas in which such programs are conducted.
     

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