[Congressional Record Volume 151, Number 118 (Tuesday, September 20, 2005)]
[House]
[Pages H8108-H8110]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FLEXIBILITY FOR DISPLACED WORKERS ACT
Mr. BOUSTANY. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 3761) to provide special rules for disaster relief
employment under the Workforce Investment Act of 1998 for individuals
displaced by Hurricane Katrina, as amended.
The Clerk read as follows:
H.R. 3761
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 ``Flexibility for Displaced
Workers Act''.
SEC. 2. SPECIAL RULES FOR NATIONAL EMERGENCY GRANTS RELATED
TO HURRICANE KATRINA.
(a) Use of Grants for Projects Outside Disaster Area.--
Funds provided to States that submit applications for
assistance described in section 173(a)(2) of the Workforce
Investment Act of 1998 (29 U.S.C. 2918(a)(2)) to address the
effects of Hurricane Katrina may be used to provide disaster
relief employment and other assistance under section
173(d)(1) of such Act (29 U.S.C. 2918(d)(1)) on projects that
provide assistance in areas outside of the disaster area (as
such term is defined in section 173(a)(2) of such Act).
(b) Expanded Eligibility for Disaster Relief Employment.--
Funds provided to States that submit applications for
assistance described under section 173(a)(2) of the Workforce
Investment Act of 1998 (29 U.S.C. 2918(a)(2)) to address the
effects of Hurricane Katrina may be used to provide disaster
relief employment and other assistance under section
173(d)(1) of such Act, or public sector employment authorized
under subsection (c) of this Act, to individuals affected by
Hurricane Katrina, including those who have relocated from
States in which a major disaster was declared under section
102 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122) due to the effects of
Hurricane Katrina, who were unemployed at the time of the
disaster or who are without employment history, in addition
to individuals who are eligible for such employment under
section 173(d)(2) of Workforce Investment Act of 1998.
(c) Authorization for General Public Sector Employment.--
Funds provided to States that submit applications for
assistance described in section 173(a)(2) of the Workforce
Investment Act of 1998 to address the effects of Hurricane
Katrina may be used to provide to eligible individuals
temporary employment by public sector entities for a period
not to exceed 6 months in addition to disaster relief
employment described in section 173(d)(1) of such Act.
(d) Extension of the Duration of Disaster Relief
Employment.--The Secretary of Labor may extend the 6-month
maximum duration of employment under this Act and under
section 173(d) of the Workforce Investment Act of 1998 (29
U.S.C. 2918(d)) for not more than an additional 6 months due
to extraordinary circumstances.
(e) Priority for Disaster Relief Employment Funds.--In
awarding national emergency grants to States under section
173(a)(2) of the Workforce Investment Act of 1998 (29 U.S.C.
2918(a)(2)) to address the effects of Hurricane Katrina by
providing disaster relief employment, the Secretary of Labor
shall--
(1) first, give priority to States in which areas that have
suffered major disasters (as defined in section 102 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5122)) are located; and
(2) second, give priority to the remaining States that have
been most heavily impacted by the demand for services by
workers affected by Hurricane Katrina.
(f) Eligibility for Needs-Related Payments.--Funds provided
to States that submit applications for assistance described
in section 173(a)(2) of the Workforce Investment Act of 1998
(29 U.S.C. 2918(a)(2)) to address the effects of Hurricane
Katrina may be used to provide needs-related payments
(described in section 134(e)(3) of such Act (29 U.S.C.
2864(e)(3))) to individuals described in subsection (b) who
do not qualify for (or have ceased to qualify for)
unemployment compensation, and who are not employed on a
project described under section 173(d) of such Act, for the
purpose of enabling such individuals to participate in
activities described in paragraphs (2), (3), or (4) of
section 134(d) of such Act.
(g) Use of Available Funds.--With the approval of the
Secretary of Labor, any State may use funds that remain
available for expenditure under any grants awarded to the
State under section 173 of the Workforce Investment Act of
1998 (29 U.S.C. 2918) or under this section, to provide any
assistance authorized under such section 173 or this section,
or personal protective equipment not otherwise available
through public funds or private contributions, to assist
workers affected by Hurricane Katrina, including workers who
have relocated from areas for which an emergency or major
disaster (as defined in section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122)) was declared, due to the effects of Hurricane Katrina.
(h) Expanded Eligibility for Employment and Training
Activities.--
(1) In general.--In awarding national emergency grants
under section 173(a)(1) of the Workforce Investment Act of
1998 (29 U.S.C. 2918(a)(1)), the Secretary may award such a
grant to an entity to provide employment and training
assistance available under section 173(a)(1) of such Act to
workers affected by Hurricane Katrina, including workers who
have relocated from areas for which an emergency or major
disaster (as defined in section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122)) was declared, due to the effects of Hurricane Katrina.
(2) Eligible entity.--In this subsection, the term
``entity'' means a State, a local board (as defined in
section 101 of the Workforce Investment Act of 1998 (29
U.S.C. 2801)), or an entity described in section 166(c) of
such Act (29 U.S.C. 2911(c)), that submits an application for
assistance described in section 173(a)(1) of the Workforce
Investment Act of 1998 to address the effects of Hurricane
Katrina.
SEC. 3. SENSE OF CONGRESS.
(a) Mobile One-Stop Centers.--It is the sense of Congress
that States that operate mobile one-stop centers, established
as part of one-stop delivery systems authorized under
subtitle B of title I of the Workforce Investment Act of 1998
(29 U.S.C. 2811 et seq.) should, where possible, make such
centers available for use in the areas affected by Hurricane
Katrina, and areas where large numbers of workers affected by
Hurricane Katrina have been relocated.
(b) Expanded Operational Hours.--It is the sense of
Congress that one-stop operators (as such term is defined in
section 101 of the Workforce Investment Act of 1998 (29
U.S.C. 2801) should increase access for workers affected by
Hurricane Katrina to the one-stop delivery systems authorized
under subtitle B of title I of such Act, including through
the implementation of expanded operational hours at one-stop
centers and on-site services for individuals in temporary
housing locations.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Louisiana (Mr. Boustany) and the gentleman from California (Mr. George
Miller) each will control 20 minutes.
The Chair recognizes the gentleman from Louisiana (Mr. Boustany).
General Leave
Mr. BOUSTANY. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous material on H.R. 3761.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Louisiana?
There was no objection.
Mr. BOUSTANY. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise in strong support of H.R. 3761, the Flexibility
for Displaced Workers Act, which I sponsored, to provide critical
assistance for workers affected by Hurricane Katrina.
The bill creates new uses for the National Emergency Grant Disaster
Relief Employment Assistance Program, which is part of the Workforce
Investment Act, to address unique needs created by Hurricane Katrina
damage.
The Department of Labor has already awarded $191 million in disaster
relief grants to the States affected by Hurricane Katrina, including
$62 million to my home State of Louisiana. These funds can already be
used to hire dislocated workers, long-term unemployed individuals,
individuals laid off as a result of the disaster for jobs that will aid
in the recovery of the gulf coast. These jobs include projects that
provide humanitarian assistance for disaster victims and projects that
aid in the repair, renovation, and reconstruction of facilities and
lands located in the affected area.
The grants also may be used for training activities, which is
especially critical for our residents who may need employment in new
industries.
[[Page H8109]]
While this existing assistance is crucial for our region's recovery,
the impact of Hurricane Katrina has created unique needs because so
many workers from New Orleans have been relocated to other parts of the
country, including over 100,000 alone in my district, and also who are
unable to return immediately to their homes.
In addition, the sheer number of newly unemployed, as many as 400,000
workers in the region, as well as the high poverty level of many
evacuees, requires the use of innovative solutions.
This bill would make important improvements to the Disaster Relief
Assistance Program to address these unique needs.
First, it would allow States to provide disaster relief employment
for services to victims to occur at locations outside of the declared
disaster area. This is critical to help those who have been forced to
temporarily relocate.
While the current assistance program focuses on those who lost their
jobs as a result of a disaster, the bill allows funds to serve those
who were not employed at the time of the disaster, including those with
no work history. This critical improvement will allow the program to
provide such individuals with work experience and training that will
help them obtain long-term private sector employment in the future.
The bill would also permit the funds to be used to subsidize
temporary public-sector employment in work other than restoration and
recovery, as long as the projects benefit the local community. Given
the substantial number of individuals who have lost their jobs in this
disaster, temporary work will help families maintain income while they
work to rebuild their lives.
The grants could also be used to provide need-related payments to
workers who have exhausted or did not qualify for unemployment
compensation benefits. Workers could receive such payments as long as
they were engaged in job search, job preparation or training, thus
ensuring that families will have some security as they prepare for new
employment.
Finally, the bill would allow the Secretary of Labor to extend
disaster relief employment assistance for an additional 6 months,
beyond the 6 months permitted under current law. Given the
extraordinary circumstances of Hurricane Katrina, such assistance may
be needed for a longer period of time to help families recover.
This bill makes commonsense changes that would provide new
flexibility and allow our States to respond immediately to the extreme
needs created by this disaster. While additional job training and
reemployment services may be needed, this is a critical first step. I
urge my colleagues to support this legislation.
Madam Speaker, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Madam Speaker, I yield myself such
time as I may consume.
Madam Speaker, I am glad to see the majority is acting quickly to
provide assistance to the victims of Hurricane Katrina.
I believe it is moments like this that we see the greatness in
America, when Americans join together and help one another in a
positive, can-do spirit. As we know, much help is needed, home, jobs,
school, counseling, the list goes on and on. I am also glad to see the
Department of Labor is on the frontlines of providing job assistance
and arranging jobs for and estimated 400,000 unemployed.
The bill before us today takes the first step by permitting the
Secretary of Labor to provide National Emergency grants outside the
disaster area so that the individuals who have been evacuated
throughout the country can receive assistance. It permits the Secretary
to help individuals who may not have proper documents with them. It
permits the Secretary to give grants to States to place individuals in
public sector jobs. And it permits the Secretary to provide income
support for those individuals if they exhaust their unemployment
benefits and are in training programs. Changes made today would permit
States to use unspent funds for protective safety equipment.
I laud the majority for recognizing and supporting the role of the
public sector jobs and income support play in getting the unemployed
into the workforce and into good jobs. However, I do want to note that
there are a lot of unanswered questions about this bill and how it will
be implemented, and I am hopeful that these questions will be answered
in the coming weeks and months as additional legislation is needed and
as we work out this legislation.
The first question is, in what types of jobs will individuals be
placed? Will displaced individuals be placed in low-wage jobs? Under
the Department's existing regulations, unemployed individuals can be
employed in jobs earning up to a maximum of $12,000 over 6 months. That
means a maximum of $8 an hour.
Will all individuals be placed at the maximum rate, or will some jobs
be dead-end, minimum-wage jobs? Will the focus be on short-term cleanup
jobs or jobs that can lead to a decent standard of living?
These are important questions to those individuals in the area who
are trying to restore their lives and restore the ability to maintain
the standard of living for their families.
The second question is, how much money will the Department of Labor
seek for providing job assistance to the Katrina victims? The bill
expands the Department's national emergency grant authority, but the
DOL does not have any grant funds remaining. The fiscal year 2005
budget by the Department of Labor appropriates $157.8 million in
national emergency grant funds, and DOL has already promised $191
million to help Katrina victims.
{time} 1430
House 2006 appropriations would only award DOL $212 million. Any
significant effort to assist Katrina victims will require additional
funding. DOL has not yet sent up or in any way indicated how much
additional funding it will seek for these efforts, nor has the
Department of Labor indicated how much, if any, of the already
appropriated $62 billion will be used for training or job creation.
Third, what health, safety, and labor protections will be afforded
displaced workers assigned to this work? The administration has issued
an executive order taking Davis-Bacon wage protections away from
construction workers who will rebuild the gulf coast, suspended many
affirmative action rules for reconstruction contracts, and suspended
regulations limiting the number of hours truck drivers can drive while
transporting fuel.
After September 11, many workers at and near the cleanup grounds of
Ground Zero did not have proper health and safety protections. A change
made this morning permits States to use unspent emergency funds on
protective safety gear. And this is a good beginning, but the bill
still does not make this a requirement. This is especially disturbing
in light of the fact that the bill creates public employment in
Louisiana, Mississippi, and Alabama, which do not have health and
safety protections for their State and local workforces.
Fourth, will the funds be used to oppose extended unemployment
benefits for long-term unemployed or an expanded disaster unemployment
assistance program? The bill permits States to provide income-related
payments to individuals who are unemployed and have exhausted
unemployment benefits. It also expands the current authority from just
individuals in training to those who are seeking work, but not in
training.
In the past, the Bush administration proposed similar initiatives as
a way of preventing Congress from providing extended unemployment
benefits to the long-term unemployed. Will DOL grants be used as a
vehicle to weaken the unemployment insurance system? Will this program
be a substitute for an expanded disaster unemployment assistance
program which would provide unemployment benefits to all workers
unemployed as a result of the disaster? If this program is a substitute
for extended unemployment insurance or expanded disaster unemployment
assistance, and the administration seeks only limited WIA national
emergency grant funding, far fewer workers would be helped. These
requests must be answered soon.
Finally, what accountability requirements will apply? Many speakers,
some
[[Page H8110]]
today, talked on the floor about their concern about the rate at which
we are spending money and whether or not there is an accountability
system for the expenditure of that money. These grants are made by the
Secretary of Labor on a discretionary basis. There is no requirement
for adequate coordination with the State's needs and activities. There
must be standards by which Congress and the public can monitor the use
and the effectiveness of these grants.
I urge the majority to answer these unanswered questions. And in
closing, again I commend the majority for making this a very important
first step to try to get these funds to help these individuals who need
employment and need the income from that employment.
We need a comprehensive and thoughtful plan to address this crisis.
This bill is that first step, and I look forward to the majority's
consideration of a comprehensive, long-term effort to rebuild the
affected southern coastal States.
Madam Speaker, I reserve the balance of my time.
Mr. BOUSTANY. Madam Speaker, I am pleased to yield such time as he
may consume to the gentleman from Ohio (Mr. Boehner), the distinguished
chairman of the Committee on Education and the Workforce.
Mr. BOEHNER. Madam Speaker, I rise today in support of this bill
which would provide significant flexibility for workers displaced by
Hurricane Katrina as they seek temporary employment and training.
Our prayers are with the residents of the gulf coast region, as well
as all those working on the relief and recovery effort. All of our
colleagues from the region, including two of my own on the Committee on
Education and the Workforce, the gentleman from Louisiana (Mr. Jindal)
and the gentleman from Louisiana (Mr. Boustany), should know that our
thoughts are with them and their communities as well.
I commend the gentleman from Louisiana (Mr. Boustany) for drafting
this important piece of legislation in short order. It will make a
world of difference for thousands of workers in his region of the
country.
Hurricane Katrina has disrupted the lives of an unprecedented number
of gulf coast residents. Among the harshest realities of the hurricane
is that tens of thousands of workers have been displaced not just from
their homes, but from their jobs as well. Through both legislative
initiatives here in Congress and administrative actions by the U.S.
Department of Labor, the Federal Government is working to eliminate
bureaucratic red tape so that workers and their families in the
impacted areas may access immediate assistance, including temporary job
placement and training.
One way we are doing this is through the national emergency grants
which provide temporary disaster relief employment of up to 6 months
for individuals who participate in projects that provide assistance for
victims of that particular disaster.
In the wake of Hurricane Katrina, the Labor Department has awarded
more than $191 million in national emergency grants thus far to help
provide more than 40,000 temporary jobs in the gulf coast region. The
legislation before us today takes another important step. It adds even
more flexibility to these grants. In short, it makes more jobs and
training available to more displaced workers more quickly.
For example, for the countless displaced workers who have left the
gulf coast region, this measure makes national emergency grant funds
available for employment projects located outside the designated
Hurricane Katrina disaster area. It also expands the national emergency
grant eligibility to displaced individuals who currently are
unemployed, as well as those with no prior work history, and finally,
to provide workers with the peace of mind that this assistance will not
disappear too soon, this legislation will empower the Secretary of
Labor to extend the duration of the national emergency grant projects
from 6 months to 12 months.
Madam Speaker, we have made substantial progress over the past 2
weeks, both in the recovery efforts in the gulf coast area and in our
own legislative efforts here in Washington. This bill marks another
step in the long process that this Congress will undertake over the
coming weeks and months to address the needs of all of those impacted
by this tragedy.
Once again, I want to thank the gentleman from Louisiana (Mr.
Boustany) for his work and urge my colleagues to join me in support of
this bill.
Mr. GEORGE MILLER of California. Madam Speaker, I reserve the balance
of my time.
Mr. BOUSTANY. Madam Speaker, I am pleased to yield 3 minutes to the
gentleman from Texas (Mr. Marchant).
Mr. MARCHANT. Madam Speaker, Hurricane Katrina has disrupted the life
of an unprecedented number of gulf coast residents. A well-known
reality of the hurricane is the tens of thousands of workers who have
been displaced not just from their homes but from their jobs.
In the continuing wake of Hurricane Katrina, the Flexibility for
Displaced Workers Act is essential to increase the flexibility of
certain funds to respond to the reemployment needs of displaced
workers. I commend the gentleman from Louisiana (Mr. Boustany) for
bringing forward this important piece of legislation.
One way to eliminate government red tape so workers and their
families in impacted areas may access immediate assistance, including
temporary job placement, is through increased flexibility of national
emergency grants. National emergency grants are awarded by the
Department of Labor. They are used to provide temporary disaster relief
employment, for up to 6 months, to individuals who participate in
projects that provide clothing, food, shelter, and other humanitarian
assistance for victims of a particular disaster. Funds may also be used
to provide jobs for those participating in the demolition, the cleanup,
repair, renovation, and reconstruction of facilities and lands within
the disaster area. These national emergency grants may be used by
public or private entities which provide employment and training
activities.
So far, in response to Hurricane Katrina, NEGs have been awarded to
provide more than 40,000 temporary jobs in the gulf coast region. The
Flexibility for Displaced Workers Act will significantly expand the
flexibility of the NEGs for gulf coast workers, with the goal of making
more jobs and training available to individuals faster. This bill will
specifically make NEG funds available for displaced workers' employment
projects outside the designated Hurricane Katrina disaster area. This
is vital in areas like my home State of Texas, which has become a home
away from home for hundreds of thousands of Louisianans, and which has
sheltered a large majority of the evacuees.
It will permit previously awarded NEG funds to be directed to workers
impacted by Hurricane Katrina and allow displaced workers to obtain
public-private sector jobs not related to the disaster. Also, if
necessary, the bill empowers the Secretary of Labor to extend the
duration of the NEG grants from 6 months to 12 months.
Lastly, the bill will authorize gulf coast residents with expired
unemployment compensation, who are participating in reemployment
activities, to be eligible for NEG payments.
I urge all of my colleagues to vote for this valuable piece of
legislation to assist victims of this horrible disaster.
Mr. GEORGE MILLER of California. Madam Speaker, I yield back the
balance of my time.
Mr. BOUSTANY. Madam Speaker, I yield back my time as well.
The SPEAKER pro tempore (Mrs. Emerson). The question is on the motion
offered by the gentleman from Louisiana (Mr. Boustany) that the House
suspend the rules and pass the bill, H.R. 3761, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Mr. GEORGE MILLER of California. Madam Speaker, on that I demand the
yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________