[Congressional Record (Bound Edition), Volume 151 (2005), Part 15]
[House]
[Pages 20727-20730]
[From the U.S. 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.
  While this existing assistance is crucial for our region's recovery, 
the impact of Hurricane Katrina has created

[[Page 20728]]

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

[[Page 20729]]

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 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. GENE GREEN of Texas. Madam Speaker and members, I rise today in 
support of the Flexibility for Displaced Workers Act because it is the 
right thing to do.
  This bill provides greater flexibility to the National Emergency 
Grants Program at the Department of Labor.
  This will enable communities that are assisting evacuees to increase 
employment opportunities for evacuees.

[[Page 20730]]

  For example, this legislation will allow temporary employment of 
evacuees in positions that are not directly related to the disaster.
  While thousands of jobs will be created in rebuilding New Orleans, 
the Houston area has an estimated 200,000 evacuees in the area. If we 
pass this bill today, we will be able to offer these people more job 
opportunities for a longer period of time.
  We hope those who want to return and help rebuild New Orleans will do 
so.
  However, we also expect many evacuees will find it easier to settle 
in Houston now that there are opportunities to find housing and 
employment.
  The State of Texas has already processed over 49,000 calls from 
evacuees seeking unemployment benefits since the evacuation started.
  Texas, and especially Houston, need this bill to pass in order to 
help these people find employment.
  I urge all my colleagues to support this measure.
  Those of us with large numbers of evacuees in our districts need this 
change to help those displaced by Hurricane Katrina rebuild their 
lives.
  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.

                          ____________________