II

103D CONGRESS

1ST SESSION S. 239

To provide grants to States for the establishment of community works

progress programs.

IN THE SENATE OF THE UNITED STATES

JANUARY 27 (legislative day, JANUARY 5), 1993

Mr. BOREN (for himself, Mr. SIMON, Mr. INOUYE, Mr. REID, Mr. DASCHLE,

Mr. PRYOR, and Mr. LEVIN) introduced the following bill; which was read

twice and referred to the Committee on Labor and Human Resources

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 or rates for deter25 mining the minimum number of hours a partici-
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1 pant in a community works progress project

2 who is receiving unemployment compensation

3 under an unemployment compensation law of a

4 State or of the United States must agree to

5 work on a monthly basis under subsection

6 (b)(2)(A);

7 (B) the hourly wage rate or rates for de8 termining the minimum number of hours a par9 ticipant in a project who is receiving aid to

10 families with dependent children under part A

11 of title IV of the Social Security Act must agree

12 to work on a monthly basis under subsection

13 (b)(2)(B);

14 (C) the compensation to be paid to a par15 ticipant in a project under subsection (c)(1);

16 and

17 (D) the hourly wage rate or rates to be

18 paid under subsection (c)(2) to a participant in

19 a project who accepts an offer to work hours in

20 addition to the number of hours determined

21 under subsection (b)(2).

22 (2) LIMITATION.—Any determination made by

23 the Secretary under paragraph (1) shall not result

24 in a participant receiving on an hourly basis an
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1 amount below the Federal minimum wage or the ap2 plicable State minimum wage, whichever is greater.

3 (3) ADVISORY COMMITTEE ON HOURS AND COM4 PENSATION.—

5 (A) ESTABLISHMENT.—The Secretary

6 shall establish an advisory committee (hereafter

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

8 for the purpose of assisting the Secretary in

9 matters described in paragraph (1).

10 (B) COMPOSITION.—The Committee shall

11 be composed of individuals appointed by the

12 Secretary representing—

13 (i) the Department of Health and

14 Human Services;

15 (ii) the business community;

16 (iii) labor organizations;

17 (iv) individuals who are likely to be

18 participants in a program;

19 (v) State and local governments; and

20 (vi) other individuals or groups deter21 mined appropriate by the Secretary.

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

23 date of the enactment of this Act and on each

24 anniversary of such date, the Committee shall

25 submit a report to the Secretary containing the
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1 Committee’s findings and conclusions with re2 spect to the matters described in paragraph (1).

3 (D) COMPENSATION.—

4 (i) IN GENERAL.—Members of the

5 Committee shall serve without compensa6 tion.

7 (ii) EXPENSES REIMBURSED.—While

8 away from their homes or regular places of

9 business on the business of the Committee,

10 the members of the Committee may be al11 lowed travel expenses, including per diem

12 in lieu of subsistence, as authorized by sec13 tion 5703 of title 5, United States Code,

14 for persons employed intermittently in

15 Government service.

16 (iii) SUPPORT.—The Secretary shall

17 supply such necessary office facilities, of18 fice supplies, support services, and related

19 expenses as necessary to carry out the

20 functions of the Committee.

21 (E) APPLICATION OF THE ACT.—The pro22 visions of the Federal Advisory Committee Act

23 (5 U.S.C. App.) shall not apply with respect to

24 the Committee.
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1 (b) WORK REQUIREMENTS RELATED TO PARTICIPA2 TION.—

3 (1) IN GENERAL.—

4 (A) MAXIMUM HOURS.—In order to assure

5 that each individual participating in a project

6 will have time to seek alternative employment

7 or to participate in an alternative employability

8 enhancement activity, no individual may work

9 as a participant in a project under this Act for

10 more than 32 hours per week.

11 (B) REQUIRED JOB SEARCH ACTIVITY.—

12 Individuals participating in a project who are

13 not receiving aid to families with dependent

14 children under part A of title IV of the Social

15 Security Act or unemployment compensation

16 under an unemployment compensation law of a

17 State or of the United States shall be required

18 to participate in job search activities deter19 mined appropriate by the Secretary.

20 (2) ADDITIONAL REQUIREMENTS RELATED TO

21 NUMBER OF HOURS WORKED.—

22 (A) INDIVIDUALS RECEIVING UNEMPLOY23 MENT COMPENSATION.—Except as provided in

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

25 unemployment compensation under an unem-
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1 ployment compensation law of a State or of the

2 United States shall agree to work as partici3 pants in a project on a monthly basis the num4 ber of hours determined by dividing—

5 (i) the lowest amount of monthly un6 employment compensation any individual

7 in the State is eligible to receive, by

8 (ii) an hourly wage rate determined

9 appropriate by the Secretary under sub10 section (a)(1)(A).

11 (B) INDIVIDUALS RECEIVING AFDC.—Ex12 cept as provided in paragraph (1)(A), individ13 uals who are receiving aid to families with de14 pendent children under part A of title IV of the

15 Social Security Act shall work as participants

16 in a community works progress project on a

17 monthly basis the number of hours determined

18 by dividing—

19 (i) the lowest amount of monthly as20 sistance any family is eligible to receive

21 under such part in the State, by

22 (ii) an hourly wage rate determined

23 appropriate by the Secretary under sub24 section (a)(1)(B).

25 (c) COMPENSATION FOR PARTICIPANTS.—
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1 (1) IN GENERAL.—

2 (A) INDIVIDUALS RECEIVING UNEMPLOY3 MENT COMPENSATION OR AFDC.—Each partici4 pant in a project who is receiving unemploy5 ment compensation under an unemployment

6 compensation law of a State or of the United

7 States or aid to families with dependent chil8 dren under part A of title IV of the Social Se9 curity Act and who worked the number of hours

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

11 compensated for participation in such project

12 on a monthly basis a bonus amount determined

13 appropriate by the Secretary under subsection

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

15 grant funds awarded to the State and shall be

16 in addition to any such benefit received by such

17 participant.

18 (B) INDIVIDUALS NOT RECEIVING UNEM19 PLOYMENT COMPENSATION OR AFDC.—Each

20 participant in a project who is not described in

21 subparagraph (A) shall be paid for each hour

22 worked as a participant on such project an

23 amount determined appropriate by the Sec24 retary under subsection (a)(1)(C).
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1 (2) COMPENSATION FOR ADDITIONAL WORK

2 HOURS.—If an individual who is receiving unemploy3 ment compensation under an unemployment com4 pensation law of a State or of the United States or

5 an individual who is receiving aid to families with

6 dependent children under part A of title IV of the

7 Social Security Act accepts an offer to work hours

8 in addition to the number of hours determined under

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

10 each such additional hour an amount determined ap11 propriate by the Secretary under subsection

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

13 funds awarded to the State and shall be in addition

14 to any such benefit received by such participant.

15 (3) ALTERNATIVE COMPENSATION METHODS.—

16 The Secretary may approve any application submit17 ted by a State under this Act which provides for an

18 alternative to the method of compensation for par19 ticipants in a project set forth in this Act if such al20 ternative method is based on an individual partici21 pant’s skill level, education, or responsibility on the

22 project, and such alternative method—

23 (A) does not reduce the amount received

24 by any participant on an hourly basis below the
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1 Federal minimum wage or the applicable State

2 minimum wage, whichever is greater; and

3 (B)(i) in the case of an individual receiving

4 unemployment compensation under an unem5 ployment law of a State or of the United

6 States, results in a weekly payment which

7 would be greater than the weekly amount the

8 participant receives as such compensation; or

9 (ii) in the case of an individual receiving

10 aid to families with dependent children under

11 part A of title IV of the Social Security Act, re12 sults in a monthly payment which would be

13 greater than the monthly amount the family of

14 the participant receives as such aid.

15 (4) PAYMENTS OF AFDC AND UNEMPLOYMENT

16 COMPENSATION.—Any State agency responsible for

17 making a payment of benefits to a participant in a

18 project under part A of title IV of the Social Secu19 rity Act or under an unemployment compensation

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

21 such payment to the governmental or nonprofit en22 tity conducting such project and such payment shall

23 be made by such entity to such participant in con24 junction with any payment of compensation made

25 under paragraphs (1), (2), or (3).
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1 (5) TREATMENT OF COMPENSATION OR BENE2 FITS UNDER OTHER PROGRAMS.—

3 (A) HIGHER EDUCATION ACT OF 1965.—In

4 determining any grant, loan, or other form of

5 assistance for an individual under any program

6 under the Higher Education Act of 1965, the

7 Secretary of Education shall not take into con8 sideration the compensation and benefits re9 ceived by such individual under this section for

10 participation in a project.

11 (B) RELATIONSHIP TO OTHER FEDERAL

12 BENEFITS.—Notwithstanding any other provi13 sion of law, any compensation or benefits re14 ceived by an individual under this section for

15 participation in a community works progress

16 project shall be excluded from any determina17 tion of income for the purposes of determining

18 eligibility for benefits under section 402, title

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

20 or any other Federal or federally assisted pro21 gram which is based on need.

22 (6) SUPPORTIVE SERVICES.—Each participant

23 in a project conducted under this Act shall be eligi24 ble to receive, out of grant funds awarded to the

25 State agency administering such project, assistance
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1 to meet necessary costs of transportation, child care,

2 vision testing, eyeglasses, uniforms and other work

3 materials.

4 SEC. 7. ADDITIONAL PROGRAM REQUIREMENTS.

5 (a) NONDUPLICATION AND NONDISPLACEMENT.—

6 (1) NONDUPLICATION.—

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

8 provided under this Act shall be used only for

9 a project that does not duplicate, and is in ad10 dition to, an activity otherwise available in the

11 State or unit of general local government in

12 which the project is carried out.

13 (B) NONPROFIT ENTITY.—Amounts from

14 a grant provided to a State under this Act shall

15 not be provided to a nonprofit entity to conduct

16 activities that are the same or substantially

17 equivalent to activities provided by a State or

18 local government agency in which such entity

19 resides, unless the requirements of paragraph

20 (2) are met.

21 (2) NONDISPLACEMENT.—

22 (A) IN GENERAL.—A governmental or non23 profit entity shall not displace any employee or

24 position, including partial displacement such as

25 reduction in hours, wages, or employment bene-
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1 fits, as a result of the use by such entity of a

2 participant in a project funded by a grant

3 under this Act.

4 (B) LIMITATION ON SERVICES.—

5 (i) DUPLICATION OF SERVICES.—A

6 participant in a project funded by a grant

7 under this Act shall not perform any serv8 ices or duties or engage in activities that

9 would otherwise be performed by any em10 ployee as part of the assigned duties of

11 such employee.

12 (ii) SUPPLANTATION OF HIRING.—A

13 participant in a project funded by a grant

14 under this Act shall not perform any serv15 ices or duties or engage in activities that

16 will supplant the hiring of other workers.

17 (iii) DUTIES FORMERLY PERFORMED

18 BY ANOTHER EMPLOYEE.—A participant

19 in a project funded by a grant under this

20 Act shall not perform services or duties

21 that have been performed by or were as22 signed to any presently employed worker,

23 employee who recently resigned or was dis24 charged, employee who is subject to a re25 duction in force, employee who is on leave
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1 (terminal, temporary, vacation, emergency,

2 or sick), or employee who is on strike or

3 who is being locked out.

4 (b) FAILURE TO MEET REQUIREMENTS.—The Sec5 retary may suspend or terminate payments under this Act

6 for a project if the Secretary determines that the govern7 mental or nonprofit entity conducting such project has

8 materially failed to comply with this Act, the application

9 submitted under this Act, or any other terms and condi10 tions of a grant under this Act agreed to by the State

11 agency administering the project and the Secretary.

12 (c) GRIEVANCE PROCEDURE.—

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

14 community works progress program under this Act

15 shall establish and maintain a procedure for the fil16 ing and adjudication of grievances from participants

17 in any project conducted under such program, labor

18 organizations, and other interested individuals con19 cerning such program, including grievances regard20 ing proposed placements of such participants in

21 projects conducted under such program.

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

23 grievance that alleges fraud or criminal activity, a

24 grievance under this paragraph shall be filed not

25 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 by a sole arbitrator. Such

18 demand for an arbitration shall be made to the

19 American Arbitration Association (hereafter re20 ferred to in this subsection as the ‘‘Associa21 tion’’) within 30 days after a decision on a

22 grievance that is adverse to the party who filed

23 such grievance has been reached, or 90 days

24 after the filing of such grievance if no decision

25 has been reached. Upon receipt of such a de-
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1 mand for arbitration, the Association shall serve

2 notice on the parties to the arbitration and, ex3 cept as provided in subparagraph (B), conduct

4 the arbitration according to the Commercial Ar5 bitration Rules of the Association in effect at

6 the time of the filing of the demand for arbitra7 tion.

8 (B) SPECIAL RULES FOR ARBITRATION

9 PROCEEDING.—

10 (i) DEADLINE FOR PROCEEDING.—An

11 arbitration hearing shall commence not

12 later than 45 days after the appointment

13 of the sole arbitrator.

14 (ii) DEADLINE FOR DECISION.—A de15 cision concerning a grievance subject to an

16 arbitration proceeding shall be made not

17 later than 30 days after the date such ar18 bitration hearing closes.

19 (iii) COST.—

20 (I) IN GENERAL.—Except as pro21 vided in subclause (II), the cost of an

22 arbitration proceeding shall be divided

23 evenly between the parties to the arbi24 tration.
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1 (II) EXCEPTION.—If a partici2 pant, labor organization, or other in3 terested individual described in para4 graph (1) prevails under an arbitra5 tion proceeding, the State, govern6 mental entity, or nonprofit entity

7 which is a party to such grievance

8 shall pay the total cost of such pro9 ceeding and the attorney’s fees of

10 such participant, labor organization,

11 or individual, as the case may be.

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

13 filed regarding a proposed placement of a partici14 pant in a project conducted under this Act, such

15 placement shall not be made unless it is consistent

16 with the resolution of the grievance pursuant to this

17 subsection.

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

19 under this subsection include—

20 (A) prohibition of the placement described

21 in paragraph (5); and

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

23 been displaced from employment—
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1 (i) reinstatement of the individual to

2 the position held by such individual prior

3 to displacement;

4 (ii) payment of lost wages and bene5 fits of the individual;

6 (iii) reestablishment of other relevant

7 terms, conditions, and privileges of employ8 ment of the individual; and

9 (iv) such equitable relief as is nec10 essary to correct any violation of this Act

11 or to make the individual whole.

12 (7) ENFORCEMENT.—Suits to enforce an arbi13 tration award under this subsection may be brought

14 in any district court of the United States having ju15 risdiction over the parties without regard to the

16 amount in controversy and without regard to the

17 citizenship of the parties.

18 (d) TESTING AND EDUCATION REQUIREMENTS.—

19 (1) TESTING.—Except as provided in para20 graph (3), each participant in a project shall be test21 ed for basic reading and writing competence prior to

22 employment under such project.

23 (2) EDUCATION REQUIREMENT.—

24 (A) FAILURE TO SATISFACTORILY COM25 PLETE TEST.—Participants who fail to com-
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1 plete satisfactorily the basic competency test re2 quired in paragraph (1) shall be furnished

3 counseling and instruction.

4 (B) LIMITED-ENGLISH.—Participants with

5 limited-English speaking ability may be fur6 nished such instruction as the governmental or

7 nonprofit entity conducting the project deems

8 appropriate.

9 (3) PARTICIPANTS IN JOBS PROGRAM.—Any in10 dividual who is a participant in the job opportunities

11 and basic skills training program under part F of

12 title IV of the Social Security Act shall not be re13 quired to be tested under paragraph (1) if such indi14 vidual has been tested under such program so long

15 as such test is adequate to ensure appropriate place16 ment of the individual in a project.

17 (e) COMPLETION OF PROJECTS.—

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

19 entity conducting a project under this Act shall com20 plete such project within the 2-year period beginning

21 on a date determined appropriate by such entity, the

22 State agency administering the project, and the Sec23 retary.

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

25 paragraph (1) may be modified in the discretion of
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1 the Secretary upon application by the State in which

2 a project is being conducted.

3 SEC. 8. EVALUATIONS AND REPORTS.

4 (a) BY THE STATES.—Each State conducting a com5 munity works progress program under this Act shall con6 duct ongoing evaluations of the effectiveness of such pro7 gram (including the effectiveness of such program in meet8 ing the goals and objectives described in the application

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

10 such program is conducted, shall submit an annual report

11 to the Secretary concerning the results of such evaluations

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

13 require. The report shall incorporate information from an14 nual reports submitted to the State by governmental and

15 nonprofit entities conducting projects under the program.

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

17 any, of project participants with employees that are not

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

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

20 required under this subsection.

21 (b) BY THE SECRETARY.—The Secretary shall sub22 mit an annual report to the Congress concerning the effec23 tiveness of the community works progress programs con24 ducted under this Act. Such report shall analyze the re25 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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