H.R.1036 - Community Renewal Employment Act98th Congress (1983-1984)
|Sponsor:||Rep. Hawkins, Augustus F. [D-CA-29] (Introduced 01/27/1983)|
|Committees:||House - Education and Labor|
|Committee Reports:||H.Rept 98-199|
|Latest Action:||Senate - 09/26/1983 Placed on Senate Legislative Calendar under General Orders. Calendar No. 402. (All Actions)|
|Roll Call Votes:||There have been 6 roll call votes|
This bill has the status Passed House
Here are the steps for Status of Legislation:
- Passed House
Summary: H.R.1036 — 98th Congress (1983-1984)All Information (Except Text)
(Measure passed House, amended, roll call #351 (246-178))
Passed House amended (09/21/1983)
Community Renewal Employment Act - Title I: General Purpose and Authority - Declares the purpose of this Act to be the provision of employment opportunities to long-term unemployed individuals in high unemployment areas through payments for labor and related costs associated with the repair, maintenance, or rehabilitation of essential community and educational facilities and for public safety, health, social service, and other activities related to the public welfare.
Authorizes appropriations to provide opportunities for unemployed individuals under this Act. Authorizes such appropriations in a specified amount for FY 1984. Limits the authorization of such appropriations in each succeeding fiscal year to an amount equal to the product of $10,000 multiplied by 20 percent of the number of "long-term unemployed individuals" (i.e. the average number of individuals in the civilian labor force who, in the first three months of the fiscal year for which the appropriation is to be made, had been unemployed for 15 or more weeks as determined by the Bureau of Labor Statistics on a seasonally adjusted basis). Provides that, if the national average rate of unemployment in the civilian labor force is less than ten percent in the first three months of the calendar year in which begins the fiscal year for which such an appropriation is to be made, the "20 percent" in such formula shall be decreased by five percentage points for each full percentage point by which such national average rate of unemployment is less than ten percent. Provides that, for any fiscal year, 80 percent of such appropriations shall be available for purposes of title II (Community Renewal Employment Programs) and 20 percent shall be available for title III (Educational Facility Repair and Renovation Employment Activities).
Makes individuals aged 16 or older eligible to participate in such program only if they are unemployed at the time of eligibility determination and for at least 15 of the 20 weeks prior to such determination, with specified exceptions.
Limits wages for eligible individuals to 52 weeks in a two-year period.
Requires that priority be given to those who have exhausted or are otherwise not eligible for unemployment insurance benefits, particularly: (1) those who have been unemployed for the longest periods immediately preceding selection; and (2) those residing in families in which no other member is employed on a full-time basis.
Requires that special consideration in selecting participants for employment under this Act in employment counseling and other services for veterans should be given to veterans who otherwise meet participant eligibility requirements.
Allows up to ten percent of eligible participants selected by a recipient for subsidized employment from funds under this Act to be individuals unemployed for less than 15 weeks, if the State employment service agency determines that such individuals: (1) have been employed only intermittently or temporarily during 15 of the 20 weeks preceding certification and have experienced substantial periods of unemployment prior to and during such 15 weeks; (2) do not have established work histories which can be documented to provide verification of 15 weeks unemployment during the 20-week period; (3) are workers with skills necessary to fill nonmanagement positions on a particular project or activity; or (4) have recall rights under a formal agreement with the employer providing the subsidized job position.
Makes the State employment service agency, in certifying eligible participants and referring them for employment to recipients under title II or III, responsible for ensuring equal employment opportunities and the full participation of traditionally underrepresented groups, including women and racial and ethnic minorities. Makes each recipient of funds under title II or III responsible for ensuring such opportunities and full participation in the selection of eligible participants for such employment.
Requires that not less than 75 percent of title II and III funds be used to provide wages and employment benefits to eligible participants for work which the recipient certifies has been performed in one or more authorized activities. Permits up to 15 percent of funds provided in a title II or III recipient to be used for the cost of administration and up to ten percent for the acquisition of supplies, tools, equipment, and other materials. Permits payment of such costs from non-Federal sources or Federal sources other than this Act. Requires recipients, to the extent feasible, to ensure that supplies, tools, equipment, or other materials purchased or procured have been manufactured, mined, or produced in the United States. Permits title II funds to be used for costs associated with training and related support for a number of participants, if: (1) employers are committed to fill an equal number of unsubsidized jobs with participants who have successfully completed such training; (2) the recipient has an agreement with a qualified public or private nonprofit provider of such training services; and (3) costs of training and support do not exceed, on a weekly basis, the maximum wage payable with funds under this Act. Limits the rate of salaries or wages paid to administrative or supervisory employees from funds available for administrative costs.
Establishes a career preparation demonstration program. Authorizes appropriations for FY 1984 through 1987 for such program. Directs the Secretary of Labor, utilizing the Office of the Job Corps, to establish in each of the Federal regions four career preparation demonstration centers (equitably distributed between rural and urban areas) for combined written, audiovisual, and computer-based materials within the basic instructional format of the Job Corps to train eligible participants, primarily under provisions for high technology training centers and for youth trainee activities. Requires that such Centers: (1) be nonresidential; (2) provide specified types of training leading to employment or a high school diploma or its equivalent; (3) use materials, curricula, and methodologies developed successfully through Job Corps program experience; (4) establish easily accessible outreach training sites; and (5) use, to the extent feasible, facilities and expertise of existing Job Corps centers (including Civilian Conservation Centers) or contractors operating such centers. Provides that up to five of the Centers shall be designated high technology training centers for training combined with subsidized internship in the private sector for career preparation in high technology occupations including robotics, health technology, and computer operations. Limits payments for weekly costs of such subsidized internship to the maximum wage payable with funds under this Act.
Title II: Community Renewal Employment Programs - Part A: Community Improvement Projects - Sets forth provisions for employment activities in community improvement projects.
Requires that eligible participants be employed in community improvement projects, in one or more listed activities involving: (1) public facilities repair, rehabilitation, or improvement; (2) public lands conservation, rehabilitation, or improvement; or (3) public safety, health, social service, and other activities necessary to the public welfare.
Provides that, for purposes of community improvement projects provisions, "project" means a definable task or group of related tasks which: (1) will be carried out by a government department, public agency, private nonprofit organization, or private contractor; (2) will be completed within 18 months; (3) is an authorized activity; (4) will result in a specific product or accomplishment; and (5) would not otherwise be conducted with existing funds.
Permits projects which are to be carried out under provisions for public lands conservation, rehabilitation, and improvement to involve lands other than public or Indian lands only when such projects will provide a documented public benefit and when the recipient will be reimbursed for that portion of the total costs of the project which does not provide a public benefit.
Makes eligible entities under title II: (1) States; (2) local governments with populations of 50,000 or more; (3) consortia of local governments; (4) existing concentrated employment program grantees serving rural areas under the Job Training Partnership Act; and (5) Native American Indian, Alaska Native, and Oklahoma Indian groups. Provides that States shall qualify as an eligible entity to serve any area of the State: (1) not under the jurisdiction of any other eligible entity; or (2) for which no eligible entity has filed a statement on the use of funds within 30 days of allotment of funds. Provides that larger units of local government shall not qualify as the eligible entity to serve any smaller unit which is, or is part of, an eligible entity which has filed a statement on use of funds.
Sets forth provisions for allotment of title II funds (exclusive of the amount available for part C). Directs the Secretary to reserve two percent of such funds for allotment among Native American eligible entities. Directs the Secretary to allot the remainder among eligible entities on the basis of relative numbers of residents of each eligible entity who are: (1) unemployed individuals; (2) unemployed individuals in excess of six and one-half percent of the civilian labor force residing in each eligible entity; and (3) unemployed individuals in excess of the national average rate of unemployment. Directs the Governor to use the same formula in making available the amount allotted to a State as an eligible entity to each jurisdiction within the area for which the State is an eligible entity (but requires that no amount less than $25,000 shall be made available to any such jurisdiction and that any unallocated amounts be reallocated among other jurisdictions which meet the $25,000 minimum requirement). Defines jurisdiction, for such purpose, as: (1) the area of any municipality which has a population of 50,000 or more individuals; and (2) the area of any county, regardless of population, exclusive of the area of such municipality, if any. Directs the Secretary to notify eligible entities of their preliminary allotments within 15 days after the enactment of an appropriation.
Sets forth requirements for receipt of an allotment by an eligible entity. Requires eligible entities within 30 days of receipt of notice, to submit statements which: (1) designate a fiscal agent for receipt of payments; (2) agree to use funds in accordance with this Act; and (3) agree to provide quarterly reports on such use. Directs the Secretary, within 30 days after the final day for submission of such statements, make a final allotment. Sets forth a formula for determining a required minimum allotment to any State which is the single eligible entity for such State. Sets forth requirements for payment of allotments by the Secretary and for quarterly reports by the eligible entities. Prohibits the Secretary from withholding, suspending, or terminating the payment of any installment of an allotment except in accordance with provisions for sanctions under this Act.
Sets forth requirements relating to project design. Requires eligible entities to give priority to projects on the basis of: (1) unemployment severity and duration with localities in its area; (2) degree to which projects will lead to expansion of unsubsidized private employment opportunities; and (3) level of need for activities and services to be provided. Requires, to the extent feasible, coordination of employment opportunities established with title II funds with other specified Federal, State, and local activities.
Part B: Community Improvement Activities for Youth Trainees - Sets forth provisions for youth trainee activities.
Requires that at least 20 percent of the funds available to an eligible entity from its Part A allotment for community improvement projects shall be used for eligible youth wages and benefits for part-time employment up to 32 hours per week.
Allows such employment to be: (1) in any authorized employment activity in community improvement projects; or (2) at a worksite operated by a public or private nonprofit agency or organization or by an employer organized for profit. Requires that such employment be provided in a manner which requires, and is consistent with, the youth's enrollment for at least eight hours a week in: (1) high school; (2) a high school equivalency program; or (3) a program of skill training or basic skill or employability development, including a career preparation demonstration program. Permits funds for youth trainee activities to be used in activities which also receive funds under other Federal, State, local, public, or private education or training programs.
Makes eligible for youth trainee activities any youth aged 16 through 19 who is certified to be currently unemployed by the State employment service agency. Requires eligible entities, in selecting such participants, to give priority to economically disadvantaged individuals and to serve eligible school dropouts, among such individuals, on an equitable basis.
Part C: State Job Programs - Sets forth provisions for financial assistance for State job programs.
Reserves five percent of title II funds for each fiscal year for purposes of this part. Allots such funds for this part among the States, in accordance with specified provisions, on the basis of relative numbers of residents who have been unemployed for 15 or more weeks.
Requires that such State allotments be used for employment of eligible participants under this Act through: (1) State-administered programs and activities authorized under community improvement project provisions, such as State parks, forests, and conservation programs, State hospitals and other health care facilities, State correctional institutions and programs, and State-administered social service programs; (2) special assistance (in conjunction, as appropriate, with eligible entities under title II) for areas which have experienced sudden or severe economic dislocations, including large-scale losses of jobs caused by the closing of facilities or mass layoffs; (3) State-directed emergency aid programs to cope with natural disasters, including erosion, flood, drought, and storm damage assistance and control activities; and (4) special assistance to seasonal farmworkers and small farmers in rural, agricultural areas which have experienced substantial losses of jobs due to the rising numbers of farm mortgage foreclosures and other severe economic disruption (in conjunction, as appropriate, with eligible entities under title II or with related programs under the Job Training Partnership Act).
Directs States to give special consideration to establishing programs and activities which will provide job sites: (1) within areas in the State in which the unemployment rate equals or exceeds the national average; or (2) if there are no such areas, within areas in which the unemployment rate equals or exceeds the State average. Directs States to evaluate projects on the basis of severity and duration of unemployment within localities and the level of need for activities and services to be provided.
Requires States, within 30 days after receiving notice of such allotment, to submit statements of agreement to use such funds in accordance with this Act and to provide quarterly reports. Directs the Secretary, within 30 days after the final day for such submissions, to make a final allotment. Sets forth requirements for payment of allotments by the Secretary and for quarterly reports by the States. Prohibits the Secretary from withholding, suspending, or terminating the payment of any installment of an allotment except in accordance with provisions for sanctions under this Act.
Title III: Educational Facility Repair and Renovation Employment Activities - Part A: Elementary and Secondary School Facility Improvement Jobs - Sets forth provisions for school facility repair and renovation projects.
Requires that funds made available to any local educational agency (LEA) under this part be used for projects and activities (in accordance with the limitation on the use of funds under title I) to employ eligible participants (qualifying under title I provisions) in the repair, renovation, or rehabilitation of public school facilities.
Requires that, to the maximum extent feasible, funds under this part be used for projects and activities for which on-site labor can begin within 90 days of receipt of such funds.
Requires that such funds be used in accordance with State and local procedures for: (1) assisting SEAs and LEAs to conform their public school facilities with specified requirements under the Architectural Barriers Act of 1968 and the Rehabilitation Act of 1973, and with requirements of any government environmental protection or health and safety programs; (2) public school facilities repair, renovation, or rehabilitation; (3) conversion of presently unused structures into adult training centers; (4) energy efficiency remodeling or renovation; and (5) asbestos detection, removal, or containment in facilities used by students.
Requires that funds under this part which are made available to the Secretary of the Interior shall be made available to Indian tribal schools, upon applications containing specified information. Directs the Secretary of the Interior, within 120 days after enactment of this Act, to promulgate regulations for such grants program, including priorities for such program. Declares that the Department of the Interior shall be considered a State education agency (SEA) for purposes of requirements for receipt of allotments under this part. Provides that nothing in this Act shall be construed to relieve the Secretary of the Interior of the responsibility to provide adequate and equitable funding under the Snyder Act for the operations and maintenance of Indian tribal school facilities.
Directs the Secretary of Education ("the Secretary" for purposes of this title) to make the allotment of funds for this part from 75 percent of the funds available for this title. Directs the Secretary to allot, from funds for this part: (1) one-half of one percent to specified U.S. territories and possessions in accordance with their respective needs; and (2) one-half of one percent to the Secretary of the Interior for grants to Indian tribal schools. Directs the Secretary to allot the remainder among the States on the basis of relative: (1) number of unemployed individuals; (2) number of unemployed individuals in each county in excess of six and one-half percent of the civilian labor force; (3) number of unemployed individuals in each county in excess of the national average unemployment rate; and (4) amount of basic grant funds received under chapter 1 of the Educational Consolidation and Improvement Act of 1981 (ECIA).
Prohibits any SEA from reserving more than one percent of the State allotment for administrative costs and four percent to meet special needs. Directs the SEA to allocate the remainder: (1) among the counties on the same basis used for State allotments; and (2) within each county on the basis used by that State in distributing funds under chapter 1 of ECIA.
Sets forth requirements for receipt of allotment. Requires SEAs to submit, within 30 days after receiving notice of such allotment, a statement of agreement to use such funds in accordance with this Act and to provide quarterly reports. Directs the Secretary, within 30 days after the final day for such submissions, to make a final allotment. Sets forth requirements for payment of allotments by the Secretary and for quarterly reports by SEAs. Prohibits the Secretary from withholding, suspending, or terminating payment of any allotment installment except in accordance with sanctions provisions of this Act.
Part B: Higher Education Facility Improvement Jobs - Sets forth provisions for academic facility repair and renovation projects.
Requires that funds made available to any institution of higher education under this part be used for projects and activities (in accordance with title I limitation of funds provisions) to employ eligible participants (qualifying under title I provisions) in repair, renovation, or rehabilitation of academic facilities.
Requires that, to the maximum extent feasible, funds under this part be used for projects and activities for which on-site labor can begin within 120 days of receipt of such funds.
Requires that funds allotted to each State under this part be made available, in accordance with its State plan under the Higher Education Act of 1965, through the higher education building agency to assist institutions of higher education in the repair, renovation, and rehabilitation of academic facilities and libraries if the primary purpose of such assistance is to enable such institutions to: (1) economize on the use of energy resources, with a priority for the use of coal, solar, and renewable resources; (2) conform their academic facilities and libraries with specified requirements under the Architectural Barriers Act of 1968 and the Rehabilitation Act of 1973, and with requirements of government environmental protection or health and safety programs; (3) renovate research facilities and postsecondary technician training facilities; and (4) detect, remove, or contain asbestos hazards in facilities used by students.
Sets forth requirements for receipt of allotment. Requires States to submit, within 30 days after receiving notice of such allotment, statements: (1) designating a fiscal agent for receipt of allotment payments; and (2) agreeing to use such funds in accordance with this Act and to provide quarterly reports. Directs the Secretary, within 30 days after the final day for such submissions, to make a final allotment. Sets forth requirements for payment of allotments by the Secretary and for quarterly reports by the States. Prohibits the Secretary from withholding, suspending, or terminating payment of any allotment installment except in accordance with sanctions provisions of this Act.
Part C: Special Definitions for Title III - Sets forth special definitions for purposes of this title.
Title IV: State Employment Service Responsibilities - Authorizes appropriations for FY 1983 and succeeding fiscal years to enable the United States Employment Service (USES) to provide funds to State employment service agencies to provide the following services in accordance with agreements with recipients under titles II and III: (1) certification of eligible participants in accordance with title I provisions, and their referral to available job openings; and (2) labor market information and job search services, including counseling, to assist participants in finding regular unsubsidized employment as soon as possible, with special emphasis on services for those approaching the maximum duration for participants under this Act.
Sets forth provisions for State job bank systems. Authorizes appropriations for FY 1984 through 1987, to be made available by USES for development and implementation of job bank systems in each State, designed to use computerized electronic data processing and telecommunications systems for such purposes as: (1) identifying job openings, referring jobseekers, with continual updating; (2) providing occupational supply and demand information; and (3) use by career information delivery systems, including career counseling programs in schools. Requires, where possible, that such systems be able to use software compatible with other systems (including management information, unemployment insurance, and other income maintenance programs) used in employment and training administration. Requires that, in the development of such systems, special consideration be given to the advice and recommendations of the State occupational information coordinating committees and other users of such systems.
Title V: General Provisions - Sets forth general requirements relating to employment and projects under this Act.
Sets forth nondiscrimination provisions. Prohibits projects involving construction, operation, or maintenance of so much of any facility as is used or to be used for sectarian instruction or religious worship.
Requires that funds under this Act be used only for activities which are in addition to those which would be available in the area in the absence of such funds.
Prohibits providing funds for subsidized employment under this Act to private organizations to conduct activities customarily performed by public employees in the area.
Limits participation in title II or III activities to residents of the area of the recipients.
Prohibits the employment, in a subsidized wage position under this Act, of individuals who have voluntarily terminated without good cause, within the preceding six months, full-time employment at or exceeding the Federal minimum wage.
Prohibits funding of any program involving political activities.
Requires that participants in subsidized employment under this Act be paid at least the highest of the Federal, State, or local minimum wage, or the prevailing rate of pay for employment in similar occupations by the same employer. Limits the portion of any wages paid from funds under this Act to $230 per week. Adjusts such maximum annually according to national aggregate wage and salary increases. Permits such wages to be supplemented by other sources, up to an amount equal to 50 percent of such maximum.
Requires that participants be allowed sufficient time off from work activities to participate effectively in job search activities.
Permits funds under this Act to be used to employ individuals in part-time, flexible-time, and work-sharing employment customarily offered by the employer, if such individuals receive benefits customarily provided with such employment by the same employer.
Requires programs under this Act to maintain an individual work record for each participant.
Requires that any funds appropriated for this Act which are allotted for any fiscal year be available for expenditure by the recipient during a one-year period beginning on the date of payment. Prohibits revocation or cancellation of any part of any allotment as long as such funds are expended within such period. Directs the Secretary (of Labor or Education, as appropriate) to reallot any funds not expended during such period among other eligible recipients.
Directs the Secretary to insure that each individual participating in any program established under this Act, or receiving any assistance or benefit under this Act, has not violated specified provisions of the Military Selective Service Act by not presenting and submitting to registration. Directs the Director of the Selective Service System to cooperate with the Secretary in carrying out this requirement.
Makes regulations promulgated by the Secretary under specified provisions of the Comprehensive Employment and Training Act as in effect on April 1, 1981, applicable to funds provided under this Act for the purposes of assuring against program abuses.
Sets forth program labor standards relating to conditions of employment and training, health and safety standards, workers' compensation benefits, and job benefits and working conditions. Prohibits use of funds under this Act for contributions on behalf of any participant to retirement systems or plans.
Prohibits displacement of any currently employed worker by participants in programs funded under this Act. Prohibits such programs from impairing existing contracts for services or collective bargaining agreements. Requires the written concurrence of the labor organization and the employer concerned before any such program which would be inconsistent with the terms of a collective bargaining agreement may be undertaken. Prohibits program participants from being employed or job openings from being filled when: (1) any other individual is on layoff from the same or any substantially equivalent job; or (2) the employer terminates the employment of any regular unsubsidized employee in the same or any substantially equivalent job or otherwise reduces the number of regular unsubsidized employees in such jobs. Prohibits the employment of, or the filling of a job opening by, any participant whose wages are subsidized under this Act in any "government" (meaning a State or local government, public agency, or local educational agency) department having 25 or more regular unsubsidized employees, unless the number of such employees currently employed is at least equal to a number determined according to a specified formula. Prohibits creation of jobs in a promotional line that will infringe in any way on the promotional opportunities of currently employed individuals.
Requires that quarterly reports submitted under specified provisions of this Act: (1) be transmitted by the recipient to any labor organization representing government employees who are engaged in work similar to that performed by employees whose wages are subsidized under this Act; (2) set forth specified information relating to numbers of unsubsidized and subsidized employees of government departments in which subsidized employment is provided under this Act; and (3) include a statement identifying and explaining job reductions in any department where there has been a decline of unsubsidized employees above a specified amount over a certain period.
Sets forth procedures for review of complaints by employees or labor organizations concerning violations of this Act by governments employing subsidized employees. Requires repayment of any funds under this Act expended in such violations.
Requires recipients of funds under this Act to provide the Secretary with assurances that none of such funds will be used to assist, promote, or deter union organizing. Requires that an opportunity for comment be provided for any labor organization representing a substantial number of employees engaged in similar work or training in the same areas as that proposed to be funded under this Act.
Applies the wage rate requirements of the Davis-Bacon Act to all laborers and mechanics employed by contractors or subcontractors in works federally assisted under this Act. Provides that such rates are not required to be paid to participants under this Act unless they are employed in connection with projects funded by this Act in whole or in part, exclusive of wages and benefits, or projects covered by any other statute requiring the payment of such Davis-Bacon Act wage rates.
Sets forth provisions for fiscal controls and sanctions under this Act.
Sets forth provisions for judicial review of any corrective action or sanction imposed under this Act.