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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Community Works
Progress Act of 1993’’.
SEC. 2. ESTABLISHMENT.
The Secretary of Labor (hereafter referred to in this
Act as the ‘‘Secretary’’) shall, in consultation with the
Secretary of Health and Human Services, award grants
to States for the establishment of community works
progress programs.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) COMMUNITY WORKS PROGRESS PROGRAM.—
The terms ‘community works progress program’ and
‘program’ mean a program established by a State
under which the State will select governmental and
nonprofit entities to conduct community works
progress projects which serve a significant public
purpose in fields such as health, social service, envi-
ronmental protection, education, urban and rural de-
velopment and redevelopment, welfare, recreation,
public facilities, public safety, and child care.
(2) COMMUNITY WORKS PROGRESS PROJECT.—
The terms ‘community works progress project’ and
‘project’ mean an activity conducted by a govern-
mental or nonprofit entity that results in a specific,
identifiable service or product that, but for this Act,
would not otherwise be done with existing funds and
that supplements but does not supplant existing
services.
(3) GOVERNMENTAL ENTITY.—The term ‘gov-
ernmental entity’ means any agency of a State or
local government.
(4) NONPROFIT ENTITY.—The term ‘nonprofit
entity’ means an organization—
(A) described in section 501(c) of the In-
ternal Revenue Code of 1986; and
(B) exempt from taxation under section
501(a) of such Code.
SEC. 4. APPLICATIONS BY STATES.
(a) IN GENERAL.—Each State desiring to conduct,
or to continue to conduct, a community works progress
program under this Act shall submit an annual application
to the Secretary at such time and in such manner as the
Secretary shall require. Such application shall include—
(1) identification of the State agency or agen-
cies that will administer the program and be the
grant recipient of funds for the State,
(2) a description of the procedure under which
governmental and nonprofit entities will solicit the
State agency or agencies administering the program
for funds to conduct a community works progress
project,
(3) a description of each type of project to be
conducted under the program, including a descrip-
tion of the types and duration of training and work
experience to be provided to participants in each
such project,
be, will seek court-ordered enrollment in projects of
a noncustodial parent who is not employed and who
is at least 2 months in arrears in the payment of
court ordered child support,
(11) an assurance that, prior to the placement
of a participant in a project, the governmental or
nonprofit entity conducting the project will consult
with any local labor organization representing em-
ployees in the area who are engaged in the same or
similar work as that proposed to be carried out by
such project,
(12) a description of any formal job training or
job search arrangements to be made available to the
participants in cooperation with State agencies,
(13) an assurance that each project will be co-
ordinated with other federally assisted education
programs, training programs, social service pro-
grams, and other appropriate programs,
(14) an assurance that each project will partici-
pate in cooperative efforts among community-based
agencies, local educational agencies, and local gov-
ernment agencies (as defined in paragraphs (3),
(11), and (12), respectively, of section 101 of the
National and Community Service Act of 1990), busi-
nesses, and State agencies, to develop and provide
supportive services,
(15) a description of fiscal control, accounting,
audit, and debt collection procedures to assure the
proper disbursal of, and accounting for, funds re-
ceived under this Act,
(16) a projection of the amount each govern-
mental or nonprofit entity conducting a project
under this Act intends to spend on such project on
an annual basis and in the aggregate,
(17) procedures for the preparation and sub-
mission to the State of an annual report by each
governmental or nonprofit entity conducting a
project that shall include—
(A) a description of activities conducted
under the project during the program year;
(B) characteristics of the participants in
the project; and
(C) the extent to which the project ex-
ceeded or failed to meet relevant performance
standards, and
(18) such other information that the Secretary
determines appropriate.
(b) CONSIDERATION OF APPLICATIONS.—In review-
ing all applications received from States desiring to con-
duct or continue to conduct a community works progress
program under this Act, the Secretary shall consider—
(1) the unemployment rate for the area in
which each project will be conducted,
(2) the proportion of the population receiving
public assistance in each area in which a project will
be conducted,
(3) the per capita income for each area in
which a project will be conducted,
(4) the degree of involvement and commitment
demonstrated by public officials in each area in
which a project will be conducted,
(5) the State’s history of success with offering
job opportunities training programs to individuals
receiving general welfare benefits or aid to families
with dependent children under part A of title IV of
the Social Security Act,
(6) the likelihood that a project will be success-
ful,
(7) the contribution that a project is likely to
make toward improving the quality of life of resi-
dents of the area in which the project will be con-
ducted,
(8) geographic distribution,
(9) the extent to which each project will encour-
age team approaches to work on real, identifiable
projects,
(10) the extent to which private and community
agencies will be involved in projects, and
(11) such other criteria as the Secretary deems
appropriate.
(c) MODIFICATION TO APPLICATIONS.—If changes in
labor market conditions, costs, or other factors require
substantial deviation from the terms of an application ap-
proved by the Secretary, the State shall submit a modifica-
tion of such application to the Secretary.
SEC. 5. PARTICIPATION IN PROJECTS.
(a) IN GENERAL.—To be eligible to participate in a
project under this Act, an individual shall be—
(1) receiving, eligible to receive, or have ex-
hausted unemployment compensation under an un-
employment compensation law of a State or of the
United States,
(2) receiving, eligible to receive, or at risk of be-
coming eligible to receive, aid to families with de-
pendent children under part A of title IV of the So-
cial Security Act,
(3) a noncustodial parent of a child who is re-
ceiving aid to families with dependent children under
part A of title IV of the Social Security Act,
(4) a noncustodial parent who is not employed
and is at least 2 months in arrears in payment of
court ordered child support, or
(5) an individual who—
(A) is not receiving unemployment com-
pensation under an unemployment compensa-
tion law of a State or of the United States;
(B) if under the age of 20 years, has grad-
uated from high school or has the equivalent of
a high school education;
(C) has resided in the State in which the
project is located for a period of at least 60
consecutive days prior to the placement of such
individual in such project;
(D) has been unemployed for a period of at
least 35 workdays prior to the placement of
such individual in such project;
(E) does not reside in the same dwelling
place with more than 1 individual who is a par-
ticipant under a project that is the subject of
a grant award under this Act; and
(F) is a citizen of the United States.
(b) MANDATORY PARTICIPATION.—
(1) IN GENERAL.—Except as provided in para-
graph (2), in any State conducting a program, an
individual who has been participating in the job op-
portunities and basic skills training program under
part F of title IV of the Social Security Act for at
least 2 years and has not found employment shall be
required to participate in a project.
(2) WAIVER OF REQUIREMENT.—A State agen-
cy administering a program may waive the require-
ment under paragraph (1) in the case of any individ-
ual who is completing educational or vocational
training under the job opportunities and basic skills
training program under part F of title IV of the So-
cial Security Act and such waiver may continue for
a period of 3 months after the completion of such
educational or vocational training.
SEC. 6. HOURS AND COMPENSATION.
(a) DETERMINATION OF COMPENSATION.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary shall, based on the initial
and annual reports submitted by the advisory com-
mittee established under paragraph (3), determine—
(A) the hourly wage rate for determining
the minimum number of hours a participant in
a community works progress project who is re-
ceiving unemployment compensation under an
unemployment compensation law of a State or
of the United States must agree to work on a
monthly basis under subsection (b)(2)(A);
(B) the hourly wage rate for determining
the minimum number of hours a participant in
a project who is receiving aid to families with
dependent children under part A of title IV of
the Social Security Act must agree to work on
a monthly basis under subsection (b)(2)(B);
(C) the compensation to be paid to a par-
ticipant in a project under subsection (c)(1);
and
(D) the hourly wage rate to be paid under
subsection (c)(2) to a participant in a project
who accepts an offer to work hours in addition
to the number of hours determined under sub-
section (b)(2).
(2) LIMITATION.—Any determination made by
the Secretary under paragraph (1) shall not result
in a participant receiving on an hourly basis an
amount below the Federal minimum wage or the ap-
plicable State minimum wage, whichever is greater.
(3) ADVISORY COMMITTEE ON HOURS AND COM-
PENSATION.—
(A) 
ESTABLISHMENT.—The 
Secretary
shall establish an advisory committee (hereafter
referred to in this section as the ‘‘Committee’’)
for the purpose of assisting the Secretary in
matters described in paragraph (1).
(B) COMPOSITION.—The Committee shall
be composed of individuals appointed by the
Secretary representing—
(i) the Department of Health and
Human Services;
(ii) the business community;
(iii) labor organizations;
(iv) individuals who are likely to be
participants in a program;
(v) State and local governments; and
(vi) other individuals or groups deter-
mined appropriate by the Secretary.
(C) REPORT.—Within 90 days after the
date of the enactment of this Act and on each
anniversary of such date, the Committee shall
submit a report to the Secretary containing the
Committee’s findings and conclusions with re-
spect to the matters described in paragraph (1).
(D) COMPENSATION.—
(i) IN
GENERAL.—Members of the
Committee shall serve without compensa-
tion.
(ii) EXPENSES
REIMBURSED.—While
away from their homes or regular places of
business on the business of the Committee,
the members of the Committee may be al-
lowed travel expenses, including per diem
in lieu of subsistence, as authorized by sec-
tion 5703 of title 5, United States Code,
for persons employed intermittently in
Government service.
(iii) SUPPORT.—The Secretary shall
supply such necessary office facilities, of-
fice supplies, support services, and related
expenses as necessary to carry out the
functions of the Committee.
(E) APPLICATION OF THE ACT.—The pro-
visions of the Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply with respect to
the Committee.
(b) WORK REQUIREMENTS RELATED TO PARTICIPA-
TION.—
(1) IN GENERAL.—
(A) MAXIMUM HOURS.—In order to assure
that each individual participating in a project
will have time to seek alternative employment
or to participate in an alternative employability
enhancement activity, no individual may work
as a participant in a project under this Act for
more than 32 hours per week.
(B) REQUIRED JOB SEARCH ACTIVITY.—
Individuals participating in a project who are
not receiving aid to families with dependent
children under part A of title IV of the Social
Security Act or unemployment compensation
under an unemployment compensation law of a
State or of the United States shall be required
to participate in job search activities deter-
mined appropriate by the Secretary.
(2) ADDITIONAL REQUIREMENTS RELATED TO
NUMBER OF HOURS WORKED.—
(A) INDIVIDUALS
RECEIVING
UNEMPLOY-
MENT COMPENSATION.—Except as provided in
paragraph (1)(A), individuals who are receiving
unemployment compensation under an unem-
ployment compensation law of a State or of the
United States shall agree to work as partici-
pants in a project on a monthly basis the num-
ber of hours determined by dividing—
(i) the lowest amount of monthly un-
employment compensation any individual
in the State is eligible to receive, by
(ii) an hourly wage rate determined
appropriate by the Secretary under sub-
section (a)(1)(A).
(B) INDIVIDUALS RECEIVING AFDC.—Ex-
cept as provided in paragraph (1)(A), individ-
uals who are receiving aid to families with de-
pendent children under part A of title IV of the
Social Security Act shall work as participants
in a community works progress project on a
monthly basis the number of hours determined
by dividing—
(i) the lowest amount of monthly as-
sistance any family is eligible to receive
under such part in the State, by
(ii) an hourly wage rate determined
appropriate by the Secretary under sub-
section (a)(1)(B).
(c) COMPENSATION FOR PARTICIPANTS.—
(1) IN GENERAL.—
or sick), or employee who is on strike or
who is being locked out.
(b) FAILURE TO MEET REQUIREMENTS.—The Sec-
retary may suspend or terminate payments under this Act
for a project if the Secretary determines that the govern-
mental or nonprofit entity conducting such project has
materially failed to comply with this Act, the application
submitted under this Act, or any other terms and condi-
tions of a grant under this Act agreed to by the State
agency administering the project and the Secretary.
(c) GRIEVANCE PROCEDURE.—
(1) IN
GENERAL.—Each State conducting a
community works progress program under this Act
shall establish and maintain a procedure for the fil-
ing and adjudication of grievances from participants
in any project conducted under such program, labor
organizations, and other interested individuals con-
cerning such program, including grievances regard-
ing proposed placements of such participants in
projects conducted under such program.
(2) DEADLINE FOR GRIEVANCES.—Except for a
grievance that alleges fraud or criminal activity, a
grievance under this paragraph shall be filed not
later than 1 year after the date of the alleged occur-