I

103D CONGRESS

1ST SESSION H. R. 652

To provide grants to States for the establishment of community works

progress programs.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 27, 1993

Mr. ENGLISH of Oklahoma introduced the following bill; which was referred

to the Committee on Education and Labor

A BILL

To provide grants to States for the establishment of

community works progress programs.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Community Works

5 Progress Act of 1993’’.

6 SEC. 2. ESTABLISHMENT.

7 The Secretary of Labor (hereafter referred to in this

8 Act as the ‘‘Secretary’’) shall, in consultation with the

9 Secretary of Health and Human Services, award grants
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1 to States for the establishment of community works

2 progress programs.

3 SEC. 3. DEFINITIONS.

4 For purposes of this Act:

5 (1) COMMUNITY WORKS PROGRESS PROGRAM.—

6 The terms ‘community works progress program’ and

7 ‘program’ mean a program established by a State

8 under which the State will select governmental and

9 nonprofit entities to conduct community works

10 progress projects which serve a significant public

11 purpose in fields such as health, social service, envi12 ronmental protection, education, urban and rural de13 velopment and redevelopment, welfare, recreation,

14 public facilities, public safety, and child care.

15 (2) COMMUNITY WORKS PROGRESS PROJECT.—

16 The terms ‘community works progress project’ and

17 ‘project’ mean an activity conducted by a govern18 mental or nonprofit entity that results in a specific,

19 identifiable service or product that, but for this Act,

20 would not otherwise be done with existing funds and

21 that supplements but does not supplant existing

22 services.

23 (3) GOVERNMENTAL ENTITY.—The term ‘gov24 ernmental entity’ means any agency of a State or

25 local government.
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1 (4) NONPROFIT ENTITY.—The term ‘nonprofit

2 entity’ means an organization—

3 (A) described in section 501(c) of the In4 ternal Revenue Code of 1986; and

5 (B) exempt from taxation under section

6 501(a) of such Code.

7 SEC. 4. APPLICATIONS BY STATES.

8 (a) IN GENERAL.—Each State desiring to conduct,

9 or to continue to conduct, a community works progress

10 program under this Act shall submit an annual application

11 to the Secretary at such time and in such manner as the

12 Secretary shall require. Such application shall include—

13 (1) identification of the State agency or agen14 cies that will administer the program and be the

15 grant recipient of funds for the State,

16 (2) a description of the procedure under which

17 governmental and nonprofit entities will solicit the

18 State agency or agencies administering the program

19 for funds to conduct a community works progress

20 project,

21 (3) a description of each type of project to be

22 conducted under the program, including a descrip23 tion of the types and duration of training and work

24 experience to be provided to participants in each

25 such project,
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1 (4) a comprehensive description of the objec2 tives and performance goals for each project to be

3 conducted under the program,

4 (5) an estimate of the number of participants

5 necessary for each proposed project, the length of

6 time that the services of such participants will be re7 quired, and the support services that will be required

8 for such participants,

9 (6) a description of a plan for managing and

10 funding each project,

11 (7) a description of the basic standards of work

12 requirements, sanitation, and safety for each project

13 and the manner in which such standards will be en14 forced,

15 (8) a description of a plan to assign partici16 pants to projects as near to the homes of such par17 ticipants as is reasonable and practicable or to pro18 vide appropriate transportation for participants,

19 (9) a description of how the program will offer

20 participants flexibility in scheduling hours to be

21 worked,

22 (10) an assurance that the State or local ad23 ministering agency described in part D of title IV of

24 the Social Security Act located within the State or

25 unit of general local government, as the case may
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1 be, will seek court-ordered enrollment in projects of

2 a noncustodial parent who is not employed and who

3 is at least 2 months in arrears in the payment of

4 court ordered child support,

5 (11) an assurance that, prior to the placement

6 of a participant in a project, the governmental or

7 nonprofit entity conducting the project will consult

8 with any local labor organization representing em9 ployees in the area who are engaged in the same or

10 similar work as that proposed to be carried out by

11 such project,

12 (12) a description of any formal job training or

13 job search arrangements to be made available to the

14 participants in cooperation with State agencies,

15 (13) an assurance that each project will be co16 ordinated with other federally assisted education

17 programs, training programs, social service pro18 grams, and other appropriate programs,

19 (14) an assurance that each project will partici20 pate in cooperative efforts among community-based

21 agencies, local educational agencies, and local gov22 ernment agencies (as defined in paragraphs (3),

23 (11), and (12), respectively, of section 101 of the

24 National and Community Service Act of 1990), busi-
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1 nesses, and State agencies, to develop and provide

2 supportive services,

3 (15) a description of fiscal control, accounting,

4 audit, and debt collection procedures to assure the

5 proper disbursal of, and accounting for, funds re6 ceived under this Act,

7 (16) a projection of the amount each govern8 mental or nonprofit entity conducting a project

9 under this Act intends to spend on such project on

10 an annual basis and in the aggregate,

11 (17) procedures for the preparation and sub12 mission to the State of an annual report by each

13 governmental or nonprofit entity conducting a

14 project that shall include—

15 (A) a description of activities conducted

16 under the project during the program year;

17 (B) characteristics of the participants in

18 the project; and

19 (C) the extent to which the project ex20 ceeded or failed to meet relevant performance

21 standards, and

22 (18) such other information that the Secretary

23 determines appropriate.

24 (b) CONSIDERATION OF APPLICATIONS.—In review25 ing all applications received from States desiring to con-
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1 duct or continue to conduct a community works progress

2 program under this Act, the Secretary shall consider—

3 (1) the unemployment rate for the area in

4 which each project will be conducted,

5 (2) the proportion of the population receiving

6 public assistance in each area in which a project will

7 be conducted,

8 (3) the per capita income for each area in

9 which a project will be conducted,

10 (4) the degree of involvement and commitment

11 demonstrated by public officials in each area in

12 which a project will be conducted,

13 (5) the State’s history of success with offering

14 job opportunities training programs to individuals

15 receiving general welfare benefits or aid to families

16 with dependent children under part A of title IV of

17 the Social Security Act,

18 (6) the likelihood that a project will be success19 ful,

20 (7) the contribution that a project is likely to

21 make toward improving the quality of life of resi22 dents of the area in which the project will be con23 ducted,

24 (8) geographic distribution,
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1 (9) the extent to which each project will encour2 age team approaches to work on real, identifiable

3 projects,

4 (10) the extent to which private and community

5 agencies will be involved in projects, and

6 (11) such other criteria as the Secretary deems

7 appropriate.

8 (c) MODIFICATION TO APPLICATIONS.—If changes in

9 labor market conditions, costs, or other factors require

10 substantial deviation from the terms of an application ap11 proved by the Secretary, the State shall submit a modifica12 tion of such application to the Secretary.

13 SEC. 5. PARTICIPATION IN PROJECTS.

14 (a) IN GENERAL.—To be eligible to participate in a

15 project under this Act, an individual shall be—

16 (1) receiving, eligible to receive, or have ex17 hausted unemployment compensation under an un18 employment compensation law of a State or of the

19 United States,

20 (2) receiving, eligible to receive, or at risk of be21 coming eligible to receive, aid to families with de22 pendent children under part A of title IV of the So23 cial Security Act,
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1 (3) a noncustodial parent of a child who is re2 ceiving aid to families with dependent children under

3 part A of title IV of the Social Security Act,

4 (4) a noncustodial parent who is not employed

5 and is at least 2 months in arrears in payment of

6 court ordered child support, or

7 (5) an individual who—

8 (A) is not receiving unemployment com9 pensation under an unemployment compensa10 tion law of a State or of the United States;

11 (B) if under the age of 20 years, has grad12 uated from high school or has the equivalent of

13 a high school education;

14 (C) has resided in the State in which the

15 project is located for a period of at least 60

16 consecutive days prior to the placement of such

17 individual in such project;

18 (D) has been unemployed for a period of at

19 least 35 workdays prior to the placement of

20 such individual in such project;

21 (E) does not reside in the same dwelling

22 place with more than 1 individual who is a par23 ticipant under a project that is the subject of

24 a grant award under this Act; and

25 (F) is a citizen of the United States.
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1 (b) MANDATORY PARTICIPATION.—

2 (1) IN GENERAL.—Except as provided in para3 graph (2), in any State conducting a program, an

4 individual who has been participating in the job op5 portunities and basic skills training program under

6 part F of title IV of the Social Security Act for at

7 least 2 years and has not found employment shall be

8 required to participate in a project.

9 (2) WAIVER OF REQUIREMENT.—A State agen10 cy administering a program may waive the require11 ment under paragraph (1) in the case of any individ12 ual who is completing educational or vocational

13 training under the job opportunities and basic skills

14 training program under part F of title IV of the So15 cial Security Act and such waiver may continue for

16 a period of 3 months after the completion of such

17 educational or vocational training.

18 SEC. 6. HOURS AND COMPENSATION.

19 (a) DETERMINATION OF COMPENSATION.—

20 (1) IN GENERAL.—Except as provided in para21 graph (2), the Secretary shall, based on the initial

22 and annual reports submitted by the advisory com23 mittee established under paragraph (3), determine—

24 (A) the hourly wage rate for determining

25 the minimum number of hours a participant in
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1 a community works progress project who is re2 ceiving unemployment compensation under an

3 unemployment compensation law of a State or

4 of the United States must agree to work on a

5 monthly basis under subsection (b)(2)(A);

6 (B) the hourly wage rate for determining

7 the minimum number of hours a participant in

8 a project who is receiving aid to families with

9 dependent children under part A of title IV of

10 the Social Security Act must agree to work on

11 a monthly basis under subsection (b)(2)(B);

12 (C) the compensation to be paid to a par13 ticipant in a project under subsection (c)(1);

14 and

15 (D) the hourly wage rate to be paid under

16 subsection (c)(2) to a participant in a project

17 who accepts an offer to work hours in addition

18 to the number of hours determined under sub19 section (b)(2).

20 (2) LIMITATION.—Any determination made by

21 the Secretary under paragraph (1) shall not result

22 in a participant receiving on an hourly basis an

23 amount below the Federal minimum wage or the ap24 plicable State minimum wage, whichever is greater.
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1 (3) ADVISORY COMMITTEE ON HOURS AND COM2 PENSATION.—

3 (A) ESTABLISHMENT.—The Secretary

4 shall establish an advisory committee (hereafter

5 referred to in this section as the ‘‘Committee’’)

6 for the purpose of assisting the Secretary in

7 matters described in paragraph (1).

8 (B) COMPOSITION.—The Committee shall

9 be composed of individuals appointed by the

10 Secretary representing—

11 (i) the Department of Health and

12 Human Services;

13 (ii) the business community;

14 (iii) labor organizations;

15 (iv) individuals who are likely to be

16 participants in a program;

17 (v) State and local governments; and

18 (vi) other individuals or groups deter19 mined appropriate by the Secretary.

20 (C) REPORT.—Within 90 days after the

21 date of the enactment of this Act and on each

22 anniversary of such date, the Committee shall

23 submit a report to the Secretary containing the

24 Committee’s findings and conclusions with re25 spect to the matters described in paragraph (1).
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1 (D) COMPENSATION.—

2 (i) IN GENERAL.—Members of the

3 Committee shall serve without compensa4 tion.

5 (ii) EXPENSES REIMBURSED.—While

6 away from their homes or regular places of

7 business on the business of the Committee,

8 the members of the Committee may be al9 lowed travel expenses, including per diem

10 in lieu of subsistence, as authorized by sec11 tion 5703 of title 5, United States Code,

12 for persons employed intermittently in

13 Government service.

14 (iii) SUPPORT.—The Secretary shall

15 supply such necessary office facilities, of16 fice supplies, support services, and related

17 expenses as necessary to carry out the

18 functions of the Committee.

19 (E) APPLICATION OF THE ACT.—The pro20 visions of the Federal Advisory Committee Act

21 (5 U.S.C. App.) shall not apply with respect to

22 the Committee.

23 (b) WORK REQUIREMENTS RELATED TO PARTICIPA24 TION.—

25 (1) IN GENERAL.—
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1 (A) MAXIMUM HOURS.—In order to assure

2 that each individual participating in a project

3 will have time to seek alternative employment

4 or to participate in an alternative employability

5 enhancement activity, no individual may work

6 as a participant in a project under this Act for

7 more than 32 hours per week.

8 (B) REQUIRED JOB SEARCH ACTIVITY.—

9 Individuals participating in a project who are

10 not receiving aid to families with dependent

11 children under part A of title IV of the Social

12 Security Act or unemployment compensation

13 under an unemployment compensation law of a

14 State or of the United States shall be required

15 to participate in job search activities deter16 mined appropriate by the Secretary.

17 (2) ADDITIONAL REQUIREMENTS RELATED TO

18 NUMBER OF HOURS WORKED.—

19 (A) INDIVIDUALS RECEIVING UNEMPLOY20 MENT COMPENSATION.—Except as provided in

21 paragraph (1)(A), individuals who are receiving

22 unemployment compensation under an unem23 ployment compensation law of a State or of the

24 United States shall agree to work as partici-
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1 pants in a project on a monthly basis the num2 ber of hours determined by dividing—

3 (i) the lowest amount of monthly un4 employment compensation any individual

5 in the State is eligible to receive, by

6 (ii) an hourly wage rate determined

7 appropriate by the Secretary under sub8 section (a)(1)(A).

9 (B) INDIVIDUALS RECEIVING AFDC.—Ex10 cept as provided in paragraph (1)(A), individ11 uals who are receiving aid to families with de12 pendent children under part A of title IV of the

13 Social Security Act shall work as participants

14 in a community works progress project on a

15 monthly basis the number of hours determined

16 by dividing—

17 (i) the lowest amount of monthly as18 sistance any family is eligible to receive

19 under such part in the State, by

20 (ii) an hourly wage rate determined

21 appropriate by the Secretary under sub22 section (a)(1)(B).

23 (c) COMPENSATION FOR PARTICIPANTS.—

24 (1) IN GENERAL.—
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1 (A) INDIVIDUALS RECEIVING UNEMPLOY2 MENT COMPENSATION OR AFDC.—Each partici3 pant in a project who is receiving unemploy4 ment compensation under an unemployment

5 compensation law of a State or of the United

6 States or aid to families with dependent chil7 dren under part A of title IV of the Social Se8 curity Act and who worked the number of hours

9 determined under subsection (b)(2) shall be

10 compensated for participation in such project

11 on a monthly basis a bonus amount determined

12 appropriate by the Secretary under subsection

13 (a)(1)(C). Such amount shall be paid from

14 grant funds awarded to the State and shall be

15 in addition to any such benefit received by such

16 participant.

17 (B) INDIVIDUALS NOT RECEIVING UNEM18 PLOYMENT COMPENSATION OR AFDC.—Each

19 participant in a project who is not described in

20 subparagraph (A) shall be paid for each hour

21 worked as a participant on such project an

22 amount determined appropriate by the Sec23 retary under subsection (a)(1)(C).

24 (2) COMPENSATION FOR ADDITIONAL WORK

25 HOURS.—If an individual who is receiving unemploy-
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1 ment compensation under an unemployment com2 pensation law of a State or of the United States or

3 an individual who is receiving aid to families with

4 dependent children under part A of title IV of the

5 Social Security Act accepts an offer to work hours

6 in addition to the number of hours determined under

7 subsection (b)(2), such individual shall be paid for

8 each such additional hour an amount determined ap9 propriate by the Secretary under subsection

10 (a)(1)(D). Such amount shall be paid from grant

11 funds awarded to the State and shall be in addition

12 to any such benefit received by such participant.

13 (3) ALTERNATIVE COMPENSATION METHODS.—

14 The Secretary may approve any application submit15 ted by a State under this Act which provides for an

16 alternative to the method of compensation for par17 ticipants in a project set forth in this Act if such al18 ternative method is based on an individual partici19 pant’s skill level, education, or responsibility on the

20 project, and such alternative method—

21 (A) does not reduce the amount received

22 by any participant on an hourly basis below the

23 Federal minimum wage or the applicable State

24 minimum wage, whichever is greater; and
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1 (B)(i) in the case of an individual receiving

2 unemployment compensation under an unem3 ployment law of a State or of the United

4 States, results in a weekly payment which

5 would be greater than the weekly amount the

6 participant receives as such compensation; or

7 (ii) in the case of an individual receiving

8 aid to families with dependent children under

9 part A of title IV of the Social Security Act, re10 sults in a monthly payment which would be

11 greater than the monthly amount the family of

12 the participant receives as such aid.

13 (4) PAYMENTS OF AFDC AND UNEMPLOYMENT

14 COMPENSATION.—Any State agency responsible for

15 making a payment of benefits to a participant in a

16 project under part A of title IV of the Social Secu17 rity Act or under an unemployment compensation

18 law of a State or of the United States may transfer

19 such payment to the governmental or nonprofit en20 tity conducting such project and such payment shall

21 be made by such entity to such participant in con22 junction with any payment of compensation made

23 under paragraphs (1), (2), or (3).

24 (5) TREATMENT OF COMPENSATION OR BENE25 FITS UNDER OTHER PROGRAMS.—
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1 (A) HIGHER EDUCATION ACT OF 1965.—In

2 determining any grant, loan, or other form of

3 assistance for an individual under any program

4 under the Higher Education Act of 1965, the

5 Secretary of Education shall not take into con6 sideration the compensation and benefits re7 ceived by such individual under this section for

8 participation in a project.

9 (B) RELATIONSHIP TO OTHER FEDERAL

10 BENEFITS.—Notwithstanding any other provi11 sion of law, any compensation or benefits re12 ceived by an individual under this section for

13 participation in a community works progress

14 project shall be excluded from any determina15 tion of income for the purposes of determining

16 eligibility for benefits under section 402, title

17 XVI, and title XIX of the Social Security Act,

18 or any other Federal or federally assisted pro19 gram which is based on need.

20 (6) SUPPORTIVE SERVICES.—Each participant

21 in a project conducted under this Act shall be eligi22 ble to receive, out of grant funds awarded to the

23 State agency administering such project, assistance

24 to meet necessary costs of transportation, child care,
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1 vision testing, eyeglasses, uniforms and other work

2 materials.

3 SEC. 7. ADDITIONAL PROGRAM REQUIREMENTS.

4 (a) NONDUPLICATION AND NONDISPLACEMENT.—

5 (1) NONDUPLICATION.—

6 (A) IN GENERAL.—Amounts from a grant

7 provided under this Act shall be used only for

8 a project that does not duplicate, and is in ad9 dition to, an activity otherwise available in the

10 State or unit of general local government in

11 which the project is carried out.

12 (B) NONPROFIT ENTITY.—Amounts from

13 a grant provided to a State under this Act shall

14 not be provided to a nonprofit entity to conduct

15 activities that are the same or substantially

16 equivalent to activities provided by a State or

17 local government agency in which such entity

18 resides, unless the requirements of paragraph

19 (2) are met.

20 (2) NONDISPLACEMENT.—

21 (A) IN GENERAL.—A governmental or non22 profit entity shall not displace any employee or

23 position, including partial displacement such as

24 reduction in hours, wages, or employment bene25 fits, as a result of the use by such entity of a
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1 participant in a project funded by a grant

2 under this Act.

3 (B) LIMITATION ON SERVICES.—

4 (i) DUPLICATION OF SERVICES.—A

5 participant in a project funded by a grant

6 under this Act shall not perform any serv7 ices or duties or engage in activities that

8 would otherwise be performed by any em9 ployee as part of the assigned duties of

10 such employee.

11 (ii) SUPPLANTATION OF HIRING.—A

12 participant in a project funded by a grant

13 under this Act shall not perform any serv14 ices or duties or engage in activities that

15 will supplant the hiring of other workers.

16 (iii) DUTIES FORMERLY PERFORMED

17 BY ANOTHER EMPLOYEE.—A participant

18 in a project funded by a grant under this

19 Act shall not perform services or duties

20 that have been performed by or were as21 signed to any presently employed worker,

22 employee who recently resigned or was dis23 charged, employee who is subject to a re24 duction in force, employee who is on leave

25 (terminal, temporary, vacation, emergency,
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1 or sick), or employee who is on strike or

2 who is being locked out.

3 (b) FAILURE TO MEET REQUIREMENTS.—The Sec4 retary may suspend or terminate payments under this Act

5 for a project if the Secretary determines that the govern6 mental or nonprofit entity conducting such project has

7 materially failed to comply with this Act, the application

8 submitted under this Act, or any other terms and condi9 tions of a grant under this Act agreed to by the State

10 agency administering the project and the Secretary.

11 (c) GRIEVANCE PROCEDURE.—

12 (1) IN GENERAL.—Each State conducting a

13 community works progress program under this Act

14 shall establish and maintain a procedure for the fil15 ing and adjudication of grievances from participants

16 in any project conducted under such program, labor

17 organizations, and other interested individuals con18 cerning such program, including grievances regard19 ing proposed placements of such participants in

20 projects conducted under such program.

21 (2) DEADLINE FOR GRIEVANCES.—Except for a

22 grievance that alleges fraud or criminal activity, a

23 grievance under this paragraph shall be filed not

24 later than 1 year after the date of the alleged occur-
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1 rence of the event that is the subject of the griev2 ance.

3 (3) DEADLINE FOR HEARING AND DECISION.—

4 (A) HEARING.—A hearing conducted

5 under this paragraph on any grievance shall be

6 conducted not later than 30 days after the fil7 ing of such grievance.

8 (B) DECISION.—A decision on any griev9 ance shall be made not later than 60 days after

10 the filing of such grievance.

11 (4) ARBITRATION.—

12 (A) IN GENERAL.—In the event of a deci13 sion on a grievance that is adverse to the party

14 who filed such grievance, or 60 days after the

15 filing of such grievance if no decision has been

16 reached, such party shall have the right to de17 mand an arbitration. Such demand for an arbi18 tration shall be made to the American Arbitra19 tion Association (hereafter referred to in this

20 subsection as the ‘‘Association’’) within 30 days

21 after a decision on a grievance that is adverse

22 to the party who filed such grievance has been

23 reached, or 90 days after the filing of such

24 grievance if no decision has been reached. Upon

25 receipt of such a demand for arbitration, the
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1 Association shall serve notice on the parties to

2 the arbitration and, except as provided in sub3 paragraph (B), conduct the arbitration accord4 ing to the commercial rules of the Association

5 in effect at the time of the filing of the demand

6 for arbitration.

7 (B) SPECIAL RULES FOR ARBITRATION

8 PROCEEDING.—

9 (i) DEADLINE FOR PROCEEDING.—An

10 arbitration proceeding shall be held not

11 later than 45 days after the appointment

12 of an arbitrator.

13 (ii) DEADLINE FOR DECISION.—A de14 cision concerning a grievance subject to an

15 arbitration proceeding shall be made not

16 later than 30 days after the date such ar17 bitration proceeding begins.

18 (iii) COST.—

19 (I) IN GENERAL.—Except as pro20 vided in subclause (II), the cost of an

21 arbitration proceeding shall be divided

22 evenly between the parties to the arbi23 tration.

24 (II) EXCEPTION.—If a partici25 pant, labor organization, or other in-
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1 terested individual described in para2 graph (1) prevails under an arbitra3 tion proceeding, the State, govern4 mental entity, or nonprofit entity

5 which is a party to such grievance

6 shall pay the total cost of such pro7 ceeding and the attorney’s fees of

8 such participant, labor organization,

9 or individual, as the case may be.

10 (5) PROPOSED PLACEMENT.—If a grievance is

11 filed regarding a proposed placement of a partici12 pant in a project conducted under this Act, such

13 placement shall not be made unless it is consistent

14 with the resolution of the grievance pursuant to this

15 subsection.

16 (6) REMEDIES.—Remedies for a grievance filed

17 under this subsection include—

18 (A) prohibition of the placement described

19 in paragraph (5); and

20 (B) in the case of an individual who has

21 been displaced from employment—

22 (i) reinstatement of the individual to

23 the position held by such individual prior

24 to displacement;
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1 (ii) payment of lost wages and bene2 fits of the individual;

3 (iii) reestablishment of other relevant

4 terms, conditions, and privileges of employ5 ment of the individual; and

6 (iv) such equitable relief as is nec7 essary to correct any violation of this Act

8 or to make the individual whole.

9 (7) ENFORCEMENT.—Suits to enforce an arbi10 tration award under this subsection may be brought

11 in any district court of the United States having ju12 risdiction over the parties without regard to the

13 amount in controversy and without regard to the

14 citizenship of the parties.

15 (d) TESTING AND EDUCATION REQUIREMENTS.—

16 (1) TESTING.—Except as provided in para17 graph (3), each participant in a project shall be test18 ed for basic reading and writing competence prior to

19 employment under such project.

20 (2) EDUCATION REQUIREMENT.—

21 (A) FAILURE TO SATISFACTORILY COM22 PLETE TEST.—Participants who fail to com23 plete satisfactorily the basic competency test re24 quired in paragraph (1) shall be furnished

25 counseling and instruction.
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1 (B) LIMITED-ENGLISH.—Participants with

2 limited-English speaking ability may be fur3 nished such instruction as the governmental or

4 nonprofit entity conducting the project deems

5 appropriate.

6 (3) PARTICIPANTS IN JOBS PROGRAM.—Any in7 dividual who is a participant in the job opportunities

8 and basic skills training program under part F of

9 title IV of the Social Security Act shall not be re10 quired to be tested under paragraph (1) if such indi11 vidual has been tested under such program so long

12 as such test is adequate to ensure appropriate place13 ment of the individual in a project.

14 (e) COMPLETION OF PROJECTS.—

15 (1) IN GENERAL.—A governmental or nonprofit

16 entity conducting a project under this Act shall com17 plete such project within the 2-year period beginning

18 on a date determined appropriate by such entity, the

19 State agency administering the project, and the Sec20 retary.

21 (2) MODIFICATION.—The period referred to in

22 paragraph (1) may be modified in the discretion of

23 the Secretary upon application by the State in which

24 a project is being conducted.
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1 SEC. 8. EVALUATIONS AND REPORTS.

2 (a) BY THE STATES.—Each State conducting a com3 munity works progress program under this Act shall con4 duct ongoing evaluations of the effectiveness of such pro5 gram (including the effectiveness of such program in meet6 ing the goals and objectives described in the application

7 approved by the Secretary) and, for each year in which

8 such program is conducted, shall submit an annual report

9 to the Secretary concerning the results of such evaluations

10 at such time, and in such manner, as the Secretary shall

11 require. The report shall incorporate information from an12 nual reports submitted to the State by governmental and

13 nonprofit entities conducting projects under the program.

14 The report shall include an analysis of the interaction, if

15 any, of project participants with employees that are not

16 participating in the project. Up to 3 percent of the amount

17 granted to a State may be used to conduct the evaluations

18 required under this subsection.

19 (b) BY THE SECRETARY.—The Secretary shall sub20 mit an annual report to the Congress concerning the effec21 tiveness of the community works progress programs con22 ducted under this Act. Such report shall analyze the re23 ports received by the Secretary under subsection (a).
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1 SEC. 9. FUNDING.

2 (a) IN GENERAL.—There are authorized to be appro3 priated such sums as may be necessary to carry out the

4 purposes of this Act.

5 (b) LIMITATIONS ON COSTS.—

6 (1) ADMINISTRATIVE EXPENSES.—Not more

7 than 10 percent of the amount of each grant award8 ed to a State may be used for administrative ex9 penses.

10 (2) COMPENSATION AND SUPPORTIVE SERV11 ICES.—Not less than 70 percent of the amount of

12 each grant awarded to a State may be used to pro13 vide compensation and supportive services to project

14 participants.

15 (3) WAIVER OF COST LIMITATIONS.—The limi16 tations under paragraphs (1) and (2) may be waived

17 as determined appropriate by the Secretary.

18 SEC. 10. INTERDEPARTMENTAL TASK FORCE.

19 (a) IN GENERAL.—Not later than 60 days after the

20 date of the enactment of this Act, the Secretary, in con21 sultation with the Secretary of Health and Human Serv22 ices, the Secretary of Housing and Urban Development,

23 the Secretary of Education, and the Secretary of Agri24 culture shall establish a task force to identify any Federal

25 funds that may be directed for use in the community

26 works progress programs under this Act and to identify
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1 any modifications to existing policies or procedures that

2 would facilitate the implementation of such programs.

3 (b) MEMBERSHIP.—The task force shall consist of at

4 least 5 members and shall include 1 representative from

5 each of the following agencies:

6 (1) the Department of Labor;

7 (2) the Department of Health and Human

8 Services;

9 (3) the Department of Housing and Urban De10 velopment;

11 (4) the Department of Education; and

12 (5) the Department of Agriculture.

13 (c) REPORT.—Not later than 180 days after the date

14 of the enactment of this Act, the task force shall submit

15 a report to the Secretary, the Secretary of Health and

16 Human Services, the Secretary of Housing and Urban De17 velopment, the Secretary of Education, the Secretary of

18 Agriculture, and the Congress that includes any findings

19 and recommendations of the task force.

20 (d) ACTION ON RECOMMENDATIONS.—The Sec21 retary, the Secretary of Health and Human Services, the

22 Secretary of Housing and Urban Development, the Sec23 retary of Education, and the Secretary of Agriculture shall

24 take such actions as may be necessary to carry out the

25 recommendations of the task force.
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