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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4183 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4183

  To authorize the Secretary of Commerce to make grants to State and 
local governments for infrastructure projects in distressed areas, and 
                          for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 13, 1994

   Miss Collins of Michigan introduced the following bill; which was 
      referred to the Committee on Public Works and Transportation

_______________________________________________________________________

                                 A BILL

 
  To authorize the Secretary of Commerce to make grants to State and 
local governments for infrastructure projects in distressed areas, and 
                          for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Infrastructure Jobs Act of 1993''.

SEC. 2. DIRECT GRANTS.

    (a) Construction.--The Secretary is authorized to make grants to 
any State or local government for the construction (including 
demolition and other site preparation activities), renovation, repair, 
or other improvement of local public works projects, including those 
public works projects of State and local governments for which Federal 
financial assistance is authorized under provisions of law other than 
this Act.
    (b) Completion of Planning.--In addition, the Secretary is 
authorized to make grants to any State or local government for the 
completion of plans, specifications, and estimates for local public 
works projects where either architectural design or preliminary 
engineering or related planning has already been undertaken and where 
additional architectural and engineering work or related planning is 
required to permit construction of the project under this Act.
    (c) Federal Share.--The Federal share of any project for which a 
grant is made under this section shall be 100 percent of the cost of 
the project.

SEC. 3. GRANTS SUPPLEMENTING OTHER FEDERAL GRANT PROGRAMS.

    (a) In General.--In addition to the grants otherwise authorized by 
this Act, the Secretary is authorized to make a grant for the purpose 
of increasing the Federal contribution to a public works project for 
which Federal financial assistance is authorized under provisions of 
law other than this Act.
    (b) Federal Share.--Any grant made for a public works project under 
this section shall be in such amount as may be necessary to make the 
Federal share of the cost of such project 100 percent.
    (c) Limitations.--No grant shall be made for a project under this 
section unless the Federal financial assistance for such project 
authorized under provisions of law other than this Act is immediately 
available for such project and construction of such project has not yet 
been initiated because of lack of funding for the non-Federal share.

SEC. 4. GRANTS SUPPLEMENTING STATE AND LOCAL GRANT PROGRAMS.

    (a) In General.--In addition to the grants otherwise authorized by 
this Act, the Secretary is authorized to make a grant for the purpose 
of providing all or any portion of the required State or local share of 
the cost of any public works project for which financial assistance is 
authorized under any provision of State or local law requiring such 
contribution.
    (b) Amount of Grants.--Any grant made for a public works project 
under this section shall be made in such amount as may be necessary to 
provide the requested State or local share of the cost of such project.

SEC. 5. GENERAL LIMITATIONS.

    (a) Acquisition of Land.--No part of any grant made under section 
2, 3, or 4 of this Act shall be used for the acquisition of any 
interest in real property.
    (b) Maintenance Costs.--Nothing in this Act shall be construed to 
authorize the payment of maintenance costs in connection with any 
projects constructed (in whole or in part) with Federal financial 
assistance under this Act.
    (c) On-Site Labor.--Grants made by the Secretary under this Act 
shall be made only for projects for which the applicant gives 
satisfactory assurances, in such manner and form as may be required by 
the Secretary and in accordance with such terms and conditions as the 
Secretary may prescribe, that, if funds are available, on-site labor 
can begin within 180 days of project approval.
    (d) Contracting.--
            (1) Contracting out required.--No part of the construction 
        (including demolition and other site preparation activities), 
        renovation, repair, or other improvement of any public works 
        project for which a grant is made under this Act shall be 
        performed directly by any department, agency, or 
        instrumentality of any State or local government.
            (2) Competitive bidding.--Construction of each project for 
        which a grant is made under this Act shall be performed by 
        contract awarded by competitive bidding, unless the Secretary 
        shall affirmatively find that, under the circumstances relating 
        to such project, some other method is in the public interest.
            (3) Lowest responsive bid.--Contracts for the construction 
        of each project for which a grant is made under this Act shall 
        be awarded only on the basis of the lowest responsive bid 
        submitted by a bidder meeting established criteria of 
        responsibility.
            (4) Advertising.--No requirement or obligation shall be 
        imposed as a condition precedent to the award of a contract to 
        a bidder for a project for which a grant is made under this 
        Act, or to the Secretary's concurrence in the award of a 
        contract to such bidder, unless such requirement or obligation 
        is otherwise lawful and is specifically set forth in the 
        advertised specifications.
    (e) Buy American.--If a local public works project carried out with 
Federal financial assistance under this Act would be eligible for 
Federal financial assistance under provisions of law other than this 
Act and, under such other provisions of law, would be subject to title 
III of the Act of March 3, 1933, popularly known as the Buy American 
Act, or similar requirements, such project shall be subject to such 
title of such Act of March 3, 1933, or such similar requirements under 
this Act in the same manner and to the same extent as such project 
would be subject to such title of such Act of March 3, 1933, or such 
similar requirements under such other provisions of law.
    (f) Minority Participation.--If a local public works project 
carried out with Federal financial assistance under this Act would be 
eligible for Federal financial assistance under provisions of law other 
than this Act and, under such other provisions of law, would be subject 
to any minority participation requirement, such project shall be 
subject to such requirement under this Act in the same manner and to 
the same extent as such project would be subject to such requirement 
under such other provisions of law.
    (g) Applicability of Laws Regarding Individuals With 
Disabilities.--Sections 504 and 505 of the Rehabilitation Act of 1973 
and the Americans With Disabilities Act of 1990 shall apply to local 
public works projects carried out under this Act.

SEC. 6. RULES, REGULATIONS, AND PROCEDURES.

    (a) In General.--The Secretary shall, not later than 30 days after 
date of enactment of this Act, prescribe those rules, regulations, and 
procedures (including application forms) necessary to carry out this 
Act. Such rules, regulations, and procedures shall assure that adequate 
consideration is given to the relative needs of various sections of the 
country. The Secretary shall consider among other factors (1) the 
severity and duration of unemployment in proposed project areas, (2) 
the income levels and extent of underemployment in proposed project 
area, and (3) the extent to which proposed projects will contribute to 
the reduction of unemployment.
    (b) Consideration of Applications.--The Secretary shall make a 
final determination with respect to each completed application for a 
grant submitted under this Act not later than the 60th day after the 
date the Secretary receives such completed application. Failure to make 
such final determination within such period shall be deemed to be an 
approval by the Secretary of the grant requested.
    (c) Consideration of Construction Industry Unemployment.--For 
purposes of this section, in considering the extent of unemployment or 
underemployment, the Secretary shall consider the amount of 
unemployment or underemployment in the construction and construction-
related industries.

SEC. 7. ALLOCATION OF FUNDS; PREFERENCES.

    (a) Allocation of Funds.--The Secretary shall allocate funds 
appropriated under section 9 of this Act as follows:
            (1) Indian tribes.--2\1/2\ percent of such funds shall be 
        set aside and shall be expended only for grants for public 
        works projects under this Act to Indian tribes and Alaska 
        Native villages. None of the remainder of such funds shall be 
        expended for such grants to such tribes and villages.
            (2) Others.--After the set-aside required by paragraph (1) 
        of this subsection, 65 percent of such funds shall be allocated 
        among the States on the basis of the ratio that the number of 
        unemployed persons in each State bears to the total number of 
        unemployed persons in all the States and 35 percent of such 
        funds shall be allocated among those States with an average 
        unemployment rate for the preceding 6-month period in excess of 
        6.0 percent on the basis of the relative severity of 
        unemployment in each such State, except that no State shall be 
        allocated less than three-quarters of one percent or more than 
        12\1/2\ percent of such funds for local public works projects 
        within such State, except that in the case of Guam, the Virgin 
        Islands, American Samoa, the Commonwealth of the Northern 
        Mariana Islands, and the Trust Territory of the Pacific 
        Islands, not less than \1/2\ of 1 percent in the aggregate 
        shall be granted for such projects in all 5 of such 
        territories.
    (b) Preferences.--
            (1) Local government projects.--In making grants under this 
        Act, the Secretary shall give priority and preference to public 
        works projects of local governments.
            (2) Locally endorsed projects.--In making grants under this 
        Act, the Secretary shall also give priority and preference to 
        any public works project requested by a State or by a special 
        purpose unit of local government which is endorsed by a general 
        purpose local government within such State.
    (c) High Unemployment Rates.--
            (1) Priority.--In making grants under this Act, if for the 
        12 most recent consecutive months, the average national 
        unemployment rate is equal to or exceeds 6.0 percent, the 
        Secretary shall (A) expedite and give priority to applications 
        submitted by States or local governments having unemployment 
        rates for the 12 most recent consecutive months in excess of 
        the national unemployment rate, and (B) shall give priority 
        thereafter to applications submitted by States or local 
        governments having average unemployment rates for the 12 most 
        recent consecutive months in excess of 6.0 percent, but less 
        than the national unemployment rate.
            (2) Information regarding unemployment rates.--Information 
        regarding unemployment rates may be furnished either by the 
        Federal Government, or by States or local governments, provided 
        the Secretary (A) determines that the unemployment rates 
        furnished by States or local governments are accurate, and (B) 
        shall provide assistance to States or local governments in the 
        calculation of such rates to ensure validity and 
        standardization.
            (3) Limitation on applicability.--Paragraph (1) of this 
        subsection shall not apply to any State which receives a 
        minimum allocation pursuant to paragraph (2) of subsection (a) 
        of this section.
    (d) State and Local Prioritization of Applications.--Whenever a 
State or local government submits applications for grants under this 
Act for 2 or more projects, such State or local government shall submit 
as part of such applications its priority for each such project.
    (e) Localization of Unemployment Determinations.--The unemployment 
rate of a local government shall, for the purposes of this Act, and 
upon request of the applicant, be based upon the unemployment rate of 
any community or neighborhood (defined without regard to political or 
other subdivisions or boundaries) within the jurisdiction of such local 
government.

SEC. 8. PREVAILING RATE OF WAGES.

    If a local public works project carried out with Federal financial 
assistance under this Act would be eligible for Federal financial 
assistance under provisions of law other than this Act and, under such 
other provisions of law, would be subject to the Act of March 3, 1931, 
known as the Davis-Bacon Act (40 U.S.C. 276a-276a-5), or similar 
requirements, such project shall be subject to such Act of March 3, 
1931, or such similar requirements under this Act in the same manner 
and to the same extent as such project would be subject to such Act of 
March 3, 1931, or such similar requirements under such other provisions 
of law.

SEC. 9. FUNDING.

    There is authorized to be appropriated to carry out this Act not to 
exceed $10,000,000,000.

SEC. 10. DEFINITIONS.

    As used in this Act, the following definitions apply:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce, acting through the Economic Development 
        Administration.
            (2) Local government.--The term ``local government'' means 
        any city, county, town, parish, or other political subdivision 
        of a State, and any Indian tribe.
            (3) State.--The term ``State'' includes the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        Virgin Islands, Guam, American Samoa, the Commonwealth of the 
        Northern Mariana Islands, and the Trust Territory of the 
        Pacific Islands.

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