I

103D CONGRESS

2D SESSION H. R. 4708

To establish a national public works program to provide incentives for the

creation of jobs and address the restoration of infrastructure in communities across the United States, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 30, 1994

Mr. MARTINEZ (for himself and Ms. WATERS) introduced the following bill;

which was referred jointly to the Committees on Public Works and Transportation and Education and Labor

AUGUST 16, 1994

Additional sponsors: Mr. SCOTT, Mr. BECERRA, Mr. BERMAN, Mr. PASTOR,

and Mr. FOGLIETTA

A BILL

To establish a national public works program to provide

incentives for the creation of jobs and address the restoration of infrastructure in communities across the

United States, and for other purposes.

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 ‘‘Job Creation and In5 frastructure Restoration Act of 1994’’.
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1 SEC. 2. FINDINGS.

2 Congress finds that—

3 (1) the nation’s infrastructure has suffered

4 greatly over the past three decades because of the

5 failure of the Federal government to renew and re6 store roads, bridges, public buildings, public lands

7 and other public assets;

8 (2) the lack of resources for the maintenance of

9 the infrastructure during this period has led to the

10 loss of both jobs and job skills in these vital areas,

11 with consequent increased unemployment and a re12 duction in the quality of life for residents of affected

13 areas;

14 (3) there is a critical need to renew and restore

15 both the public buildings and other assets, and the

16 jobs and job skills needed to ensure that those assets

17 are available for use by future generations;

18 (4) policies at the Federal level have dem19 onstrated diminished concern for the infrastructure

20 needs of the communities of the Nation and a shift21 ing of the burden for maintenance and creation of

22 highways, bridges, mass transit, and other infra23 structure on to local governments, in addition to the

24 burden for local needs (such as public safety, edu25 cation, health, and public welfare) that those juris26 dictions bear, thereby stretching already shrinking
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1 resources beyond the capabilities of those govern2 ments to address these needs;

3 (5) Federal incentives that are specifically

4 linked to the development of jobs, and renewal of

5 important job skills will help reverse the trend to

6 continued erosion of the Nation’s infrastructure;

7 (6) economic growth rates and future efficiency

8 and competitiveness of the national economy will be

9 substantially enhanced by programs of Federal Gov10 ernment assistance to state and local governments to

11 construct and rehabilitate the Nation’s economic in12 frastructure;

13 (7) efforts to reform the welfare system are

14 based on the assumption that there will be jobs

15 available in the public and private sectors for cur16 rent welfare recipients, and for noncustodial parents

17 whose responsibilities include providing support for

18 their children;

19 (8) absent a concentrated effort on the part of

20 the Federal Government to create career jobs that

21 provide a living wage, efforts to reform the welfare

22 system are doomed to failure; and

23 (9) the creation of living wage jobs in conjunc24 tion with a large and sustained public works infra25 structure renewal program will reap significant re-
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1 wards in direct tax payments at all levels of govern2 ment, increased economic expansion for the country,

3 and substantial reductions in the outlays for unem4 ployment support, welfare, Medicaid, and other gov5 ernment expenditures and will also lessen the burden

6 on government expenditures that result from lack of

7 employment for those at risk of entering a life of

8 crime.

9 TITLE I—DEPARTMENT OF COMMERCE

10 GRANTS

11 SEC. 101. DEFINITIONS.

12 (a) As used in this title, the following definitions

13 apply:

14 (1) SECRETARY.—The term ‘‘Secretary means

15 the Secretary of Commerce, acting through the Eco16 nomic Development Administration.

17 (2) LOCAL GOVERNMENT.—The term ‘‘local

18 government’’ means any city, county, town, parish or

19 other political subdivision of a State, and any Indian

20 tribe.

21 (3) PUBLIC WORKS.—The term ‘‘public works’’

22 includes water and sewer lines, streets and roads,

23 water and sewage treatment plants or facilities, port

24 facilities, police and fire stations, detention centers,

25 schools, health facilities, industrial research or devel-
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1 opment parks, research facilities at institutions of

2 higher learning, and other projects the Secretary de3 termines to be appropriate.

4 (4) STATE.—The term ‘‘State’’ includes the

5 several states, the District of Columbia, the Com6 monwealth of Puerto Rico, the Virgin Islands of the

7 United States, Guam, American Samoa, the Com8 monwealth of the Northern Marianas, and the Trust

9 Territory of the Pacific Islands.

10 SEC. 102. DIRECT GRANTS.

11 (a) CONSTRUCTION.—The Secretary is authorized to

12 make grants to any State or local government for the con13 struction (including demolition and other site preparation

14 activities), renovation, repair, restoration or other im15 provement of local public works projects, including those

16 public works projects of State and local governments for

17 which Federal financial assistance is authorized under

18 provisions of law other than this title or this Act. To the

19 extent appropriate, the Secretary may coordinate with

20 other Federal agencies in assessing grant requests, and

21 in providing appropriate levels of support.

22 (b) FEDERAL SHARE.—The Federal share of any

23 project for which a grant is made under this section shall

24 be no more than 90 percent of the cost of the project.
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1 (c) TERMINATION OF GRANTS.—No new grants shall

2 be made pursuant to this section after the expiration of

3 any 3-consecutive month period during which the national

4 unemployment rate remained below 5.5 percent for each

5 such month, or after September 30, 1997, whichever first

6 occurs.

7 SEC. 103. ALLOCATION OF FUNDS; PREFERENCES.

8 (a) ALLOCATION OF FUNDS.—The Secretary shall al9 locate funds appropriated pursuant to section 9 of this

10 title as follows:

11 (1) INDIAN TRIBES.—Three-quarters of one

12 percent of such funds shall be set aside and shall be

13 expended only for grants for public works projects

14 under this title to Indian tribes and Alaska Native

15 villages. None of the remainder of such funds shall

16 be expended for such grants to such tribes and vil17 lages.

18 (2) OTHERS.—After the set-aside required by

19 paragraphs (1), (3), and (4) of this subsection, 60

20 percent of such funds shall be allocated among the

21 States on the basis of the ratio that the number of

22 unemployed persons in each State bears to the total

23 number of unemployed persons in all the States and

24 40 percent of such funds shall be allocated among

25 those States with an average unemployment rate for
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1 the preceding 6-month period in excess of 6 percent

2 on the basis of the relative severity of unemployment

3 in each such State, except that no State shall be al4 located less than three-quarters of one percent or

5 more than twelve percent of such funds for local

6 public works projects within such State, except that

7 in the case of Guam, the Virgin Islands of the Unit8 ed States, American Samoa, the Commonwealth of

9 the Northern Mariana Islands, and the Trust Terri10 tory of the Pacific Islands, not less than one-half of

11 one percent in the aggregate shall be granted for

12 such projects in all five of such territories.

13 (3) SET-ASIDE.—Not less than 10 percent of

14 each State’s allocations shall be set aside and shall

15 be expended only for grants for public works

16 projects under this title for local units of general

17 government with populations under 10,000.

18 (4) DEVELOPMENT AND ADMINISTRATION.—Up

19 to three-quarters of 1 percent of the total grant

20 award will be available for project development and

21 preparation, and for ongoing project administration.

22 This allocation shall be available for local units of

23 government defined as nonentitlement under the

24 Housing and Urban Development Community Devel-
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1 opment Block Grant Program. Such allocation shall

2 not exceed $15,000 for any single grant award.

3 (b) PREFERENCES.—

4 (1) LOCAL GOVERNMENT PROJECTS.—In mak5 ing grants under this title, the Secretary shall give

6 priority to public works projects of local govern7 ments.

8 (2) LOCALLY ENDORSED PROJECTS.—In mak9 ing grants under this title, the Secretary shall also

10 give priority to any public works projects requested

11 by a State or by a special purpose unit of local gov12 ernment which is endorsed by a general purpose

13 local government within such State.

14 (3) SCHOOL DISTRICT PROJECTS.—A project

15 requested by a school district shall be accorded the

16 full priority and preference to public works projects

17 of local governments provided in this subsection.

18 (4) APPLIES INDUSTRIAL RESEARCH PROJ19 ECTS.—A project that creates or adds to an applied

20 research facility at an institution of higher edu21 cation, and that facility is intended to promote the

22 development of new products and processes, or that

23 the Secretary determines will improve the competi24 tiveness of America industry shall be accorded full

25 priority and preference. For projects under this sec-
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1 tion, matching funds requirements shall be waived if

2 the company or companies and school involved com3 mit, in the Secretary’s determination, to undertake

4 all future equipment and maintenance expenses.

5 (c) HIGH UNEMPLOYMENT RATES.—

6 (1) PRIORITY.—In making grants under this

7 title, if for the 12 most recent consecutive months

8 the average national unemployment rate is equal to

9 or exceeds 6 percent, the Secretary shall—

10 (A) expedite and give priority to applica11 tions submitted by States or local governments

12 having unemployment rates for the 12 most re13 cent consecutive months in excess of the na14 tional unemployment rate, and

15 (B) shall give priority thereafter to appli16 cations submitted by States or local govern17 ments having average unemployment rates for

18 the 12 most recent consecutive months in ex19 cess of 6 percent, but less than the national un20 employment rate.

21 (2) INFORMATION REGARDING UNEMPLOYMENT

22 RATES.—Information regarding unemployment rates

23 may be furnished either by the Federal Government,

24 or by States or local governments, provided the Sec25 retary (A) determines that the unemployment rates
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1 furnished by States or local governments are accu2 rate, and (B) shall provide assistance to States or

3 local governments in the calculation of such rates to

4 assure validity and standardization.

5 (3) LIMITATION ON APPLICABILITY.—Para6 graph (1) of this subsection shall not apply to any

7 State which receives a minimum allocation pursuant

8 to paragraph (2) of subsection (a) of this section.

9 (d) STATE AND LOCAL PRIORITIZATION OF APPLICA10 TIONS.—Whenever a State or local government submits

11 applications for grants under this title for 2 or more

12 projects, such State or local government shall submit as

13 part of such applications its priority for each such project.

14 (e) LOCALIZATION OF UNEMPLOYMENT DETERMINA15 TIONS.—The unemployment rate of a local government

16 may, for purposes of this title, and upon request of the

17 applicant, be based upon the unemployment rate of any

18 community or neighborhood (defined without regard to po19 litical or other subdivisions or boundaries) within the ju20 risdiction of such local government.

21 SEC. 104. RULES, REGULATIONS, AND PROCEDURES.

22 (a) IN GENERAL.—The Secretary shall, not later

23 than 30 days after the date of enactment of this title, pre24 scribe those rules, regulations, and procedures (including

25 application forms) necessary to carry out this Act. Such
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1 rules, regulations, and procedures shall assure that ade2 quate consideration is given to the relative needs of var3 ious sections of the country. The Secretary shall consider

4 among other factors—

5 (1) the severity and duration of unemployment

6 in proposed project areas,

7 (2) the income levels and extent of

8 underemployment in proposed project areas,

9 (3) the extent to which proposed project areas

10 will contribute to the reduction of unemployment

11 and future economic growth, and

12 (4) the needs of proposed project areas to re13 cover from natural or other disaster which has af14 fected the infrastructure of such area.

15 (b) CONSIDERATION OF APPLICATIONS.—The Sec16 retary shall make a final determination with respect to

17 each application for a grant submitted under this title not

18 later than the 60th day after the date the Secretary re19 ceives such application.

20 (c) CONSIDERATION OF CONSTRUCTION INDUSTRY

21 UNEMPLOYMENT.—For purposes of this section, in con22 sidering the extent of unemployment or underemployment,

23 the Secretary shall consider the amount of unemployment

24 or underemployment in the construction and construction25 related industries.
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1 SEC. 105. GENERAL LIMITATIONS.

2 (a) ACQUISITION OF LAND.—No part of any grant

3 made under section 102 of this title shall be used for the

4 acquisition of any interest in real property.

5 (b) MAINTENANCE COSTS.—Nothing in this title

6 shall be construed to authorize the payment of routine

7 scheduled maintenance costs in connection with any

8 projects constructed (in whole or in part) with Federal fi9 nancial assistance under this title.

10 (c) ON-SITE LABOR.—Grants made by the Secretary

11 under this title shall be made only for projects for which

12 the applicant gives satisfactory assurances, in such man13 ner and form as may be required by the Secretary and

14 in accordance with such terms and conditions as the Sec15 retary may prescribe, that, if funds are available, on-site

16 labor work can begin within 90 days of project approval.

17 (d) CONTRACTING.—

18 (1) CONTRACTING OUT REQUIRED.—No part of

19 the construction (including demolition and other site

20 preparation activities), renovation, restoration, re21 pair, or other improvement of any public works

22 project for which a grant is made under this title,

23 shall be performed directly by any department, agen24 cy, or instrumentality of any State or local govern25 ment.
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1 (2) COMPETITIVE BIDDING.—Construction of

2 each project for which a grant is made under this

3 title shall be performed by contract awarded by com4 petitive bidding, unless the Secretary shall affirma5 tively find that, under the circumstances relating to

6 such project, an alternative method is in the public

7 interest.

8 (3) LOWEST RESPONSIVE BID.—Contracts for

9 the construction of each project for which a grant is

10 made under this title shall be awarded only on the

11 basis of the lowest responsive bid submitted by a

12 bidder meeting the established criteria of responsibil13 ity, subject to subsection (c) of this section.

14 (4) ADVERTISING.—No requirement or obliga15 tion shall be imposed as a condition precedent to the

16 award of a contract to a bidder for a project for

17 which a grant is made under this title, or to the Sec18 retary’s concurrence in the award of a contract to

19 such bidder, unless such requirement or obligation is

20 otherwise lawful and is specifically set forth in the

21 advertised specifications or in this title.

22 (e) ENVIRONMENTAL SAFEGUARDS.—All local public

23 works projects carried out with Federal financial assist24 ance under this title shall comply with all relevant Federal,

25 State and local environmental laws and regulations.
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1 (f) BUY AMERICAN.—If a local public works project

2 carried out with Federal financial assistance under this

3 title would be eligible for Federal financial assistance

4 under provisions of law other than this Act and, under

5 such other provisions of law, would be subject to title III

6 of the Act of March 3, 1933, popularly known as the Buy

7 America Act, or similar requirements, such project shall

8 be subject to such title of such Act of March 3, 1933,

9 or such similar requirements under this Act in the same

10 manner and to the same extent as such project would be

11 subject to such title of such Act of March 3, 1933, or such

12 similar requirements under such other provisions of law.

13 (g) MINORITY PARTICIPATION.—If a local public

14 works project carried out with Federal financial assistance

15 under this title would be eligible for Federal financial as16 sistance under provisions of law other than this Act and,

17 under such other provision of law, would be subject to any

18 minority participation requirement, such project shall be

19 subject to such requirement under this Act, in the same

20 manner and to the same extent as such project would be

21 subject to such requirement under such other provisions

22 of law.

23 (h) APPLICABILITY OF LAWS REGARDING INDIVID24 UALS WITH DISABILITIES.—Sections 504 and 505 of the

25 Rehabilitation Act of 1973 and the Americans With Dis-
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1 abilities Act of 1990 shall apply to local public works

2 projects carried out under this title.

3 SEC. 106. FUNDING.

4 There is authorized to be appropriated

5 $25,000,000,000 for fiscal years 1995, 1996 and 1997 to

6 carry out this title. Moneys appropriated pursuant to this

7 authorization shall remain available until expended. Any

8 amounts made available under this title for fiscal year

9 1995 shall be deemed to be emergency spending under sec10 tion 251(b)(2)(D) of the Balanced Budget and Emergency

11 Deficit Control Act of 1985.

12 TITLE II—PUBLIC WORKS AND JOB

13 RESTORATION

14 Subtitle A—Jobs 2000

15 SEC. 201. SHORT TITLE.

16 This subtitle may be cited as the ‘‘Jobs 2000 Act of

17 1994’’.

18 SEC. 202. PURPOSE.

19 It is the purpose of this subtitle to develop and pro20 vide useful and productive opportunities for unemployed

21 and underemployed people, especially young people,

22 through payments for labor and related costs associated

23 with the construction, repair or rehabilitation of essential

24 community and educational facilities; with the reclama25 tion, improvement and conservation of public lands; and
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1 with the creation, repair, rehabilitation and restoration of

2 public safety, public transportation, health, social services

3 and recreation facilities and other activities necessary to

4 the public welfare.

5 SEC. 203. ELIGIBLE PARTICIPANTS.

6 (a) GENERAL ELIGIBILITY REQUIREMENTS.—An in7 dividual shall be eligible to participate in a program,

8 project or activity receiving funds under this subtitle only

9 if such individual—

10 (1) is a lawful permanent resident or citizen of

11 the United States,

12 (2) is an unemployed individual at the time of

13 enrollment, and

14 (3) has been unemployed for at least 30 days

15 immediately preceding the date of such enrollment,

16 except as otherwise provided in subsection (e) of this

17 section and section 222. Individuals may be certified

18 for purposes of this section in accordance with pro19 cedures agreed to by the eligible administrative en20 tity and established in regulations established by the

21 Secretary.

22 (b) DURATION OF ELIGIBILITY.—No individual who

23 is eligible under subsection (a) shall receive wages from

24 funds made available under this subtitle in excess of 52
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1 weeks in any 2-year period, in accordance with the follow2 ing subsidy schedule—

3 (1) up to 75 percent of the participant’s wages

4 may be subsidized for the first 26 weeks,

5 (2) up to 50 percent of the participant’s wages

6 may be subsidized for the next 13 weeks, and

7 (3) up to 25 percent of the participant’s wages

8 may be subsidized for the next 13 weeks.

9 (c) PRIORITY FOR PARTICIPATION.—In the selection

10 of participants for activities under this subtitle, priority

11 shall be given to individuals who—

12 (1) at the time of selection, have exhausted or

13 are otherwise not eligible for unemployment benefits,

14 particularly—

15 (A) those individuals who have been unem16 ployed for the longest periods of time preceding

17 the date of their selection,

18 (B) those residing in households in which

19 no other member is employed on a full-time

20 basis, and

21 (C) those individuals who are or were

22 qualified participants in a Trade Adjustment

23 Act program or other Federal program provid24 ing job reemployment assistance due to base
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1 closure, factory closure or other job loss due to

2 economic factors; and

3 (2) have been employed within the past 2 years

4 by the employer that is providing the subsidized job

5 position.

6 (d) SPECIAL CONSIDERATION FOR WELFARE RECIPI7 ENTS.—Entities receiving funds under this subtitle shall

8 give special consideration to applicants who are—

9 (1) custodial parents of children who are recipi10 ents of assistance under title IV of the Social Secu11 rity Act, and

12 (2) noncustodial parents of nondependent chil13 dren who are recipients of assistance under title IV

14 of the Social Security Act, but only if said applicants

15 agree in writing to the withholding of an appropriate

16 portion of their wages to be applied to the support

17 of said children under any child support order.

18 (e) SPECIAL CONSIDERATION FOR VETERANS.—With

19 regard to services to veterans provided under section

20 210(a)(3)(O), special consideration in selecting partici21 pants for employment in such activities should be given

22 to veterans who otherwise meet the eligibility requirements

23 in this section.

24 (f) EQUAL EMPLOYMENT OPPORTUNITIES.—In cer25 tifying eligible participants under subsection (a) and in re-
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1 ferring them for employment to recipients under subtitles

2 B and C, the administrative entity shall be responsible for

3 ensuring equal employment opportunities and the full par4 ticipation of traditionally underrepresented groups, includ5 ing women and racial and ethnic minorities, in employ6 ment provided with funds made available under this sub7 title. Each recipient of funds under subtitle B or C shall

8 be responsible for ensuring such opportunities and full

9 participation in the selection of eligible participants for

10 such employment.

11 SEC. 204. LIMITATION ON USE OF FUNDS.

12 (a) RESERVATION FOR WAGES AND BENEFITS.—Not

13 less than 75 percent of the funds made available to any

14 recipient under subtitles B and C from funds appropriated

15 for any fiscal year shall be used to provide for wages and

16 related employment benefits to eligible participants for

17 work which the recipient certifies has been performed in

18 one or more of the activities authorized under this Act.

19 (b) LIMITATION ON ADMINISTRATIVE COSTS.—Not

20 more than 10 percent of the funds provided to any recipi21 ent under subtitle B or C from funds appropriated for any

22 fiscal year may be used for the cost of administration.

23 (c) ACQUISITION OF TOOLS, EQUIPMENT, AND MA24 TERIALS.—The remainder of the funds provided to any

25 recipient under subtitle B or C from funds appropriated
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1 for any fiscal year (after compliance with subsection (a)

2 and deduction of costs of administration permitted by sub3 section (b)) may be used for the acquisition of supplies,

4 tools, equipment, and other materials directly related to

5 the purpose for which the funds were provided.

6 (d) USE OF OTHER FUNDS.—

7 (1) USE OF ACQUISITION COSTS.—Nothing in

8 this Act shall be construed to preclude or limit the

9 payment of the costs of administration or the costs

10 of supplies, tools, equipment, or other materials di11 rectly related to the project or program being fund12 ed, either in whole or in part, from non-Federal

13 sources or from Federal sources other than this Act,

14 such as section 106 of the Housing and Community

15 Development Act of 1974 (42 U.S.C. 5306).

16 (2) BUY AMERICA REQUIREMENT.—In designat17 ing projects under this Act, the recipient shall, to

18 the extent feasible, ensure that supplies, tools, equip19 ment, or other materials purchased or procured (in

20 accordance with paragraph (1)) have been manufac21 tured, mined, or produced in the United States, un22 less such supply, tool, equipment, or material is not

23 available in reasonable quantity and quality as re24 quired to fulfill the needs of such project or activity.
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1 (e) TRAINING COST EXCEPTION.—Notwithstanding

2 subsection (a), funds available under subtitle B may be

3 used for costs associated with training and related support

4 for a number of participants if—

5 (1) employers have made commitments to fill

6 an equal number of unsubsidized jobs with partici7 pants who have successfully completed such training;

8 (2) the recipient has entered into an agreement

9 for the provision of such training to participants

10 with one or more of the following: an administrative

11 entity designated under section 103(b)(1)(B) of the

12 Job Training Partnership Act (29 U.S.C.

13 1513(b)(1)(B), a local educational agency, a voca14 tional education school, an institution of higher edu15 cation, a community-based organization, a commu16 nity action agency, a community development cor17 poration, or other qualified public or private non18 profit provider of training services; and

19 (3) the costs associated with providing such

20 training and related support to any participant from

21 funds available under this Act do not exceed, on a

22 weekly basis, the maximum wage which may be paid

23 with funds available under this Act in accordance

24 with section 301(g)(2).
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1 (f) SALARY LIMITATION.—Funds available for the

2 cost of administration pursuant to subsection (b) may not

3 be used to pay salaries or wages to administrative or su4 pervisory employees—

5 (1) at a rate that is greater than the rate of the

6 salaries or wages paid to employees performing com7 parable functions for the same employer, or

8 (2) if there is no such comparable rate, at a

9 rate which is in excess of the rate of pay prescribed

10 for GS–13 of the General Schedule with respect to

11 employees of the Federal Government.

12 Subtitle B—Employment in Support of Community

13 Renewal

14 PART A—COMMUNITY IMPROVEMENT PROJECTS

15 SEC. 210. EMPLOYMENT IN COMMUNITY IMPROVEMENT

16 PROJECTS.

17 (a) QUALIFIED ACTIVITIES.—Eligible participants

18 shall be employed in community improvement projects

19 under this subtitle in one or more of the following activi20 ties:

21 (1) Repair, rehabilitation, or improvement of

22 public facilities, including—

23 (A) street, highway or road repair,

24 (B) painting and/or repair of bridges and

25 pedestrian overpasses or underpasses,
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1 (C) rehabilitation or repair of community

2 facilities such as public libraries or other public

3 buildings,

4 (D) rehabilitation, repair and moderniza5 tion of public housing,

6 (E) water development projects and repair

7 of water systems,

8 (F) repair and rehabilitation of public

9 mass transit systems,

10 (G) erecting and replacing school crossing,

11 intersection and other road surface or sign

12 markings and removing road or public sidewalk

13 obstructions,

14 (H) rehabilitation of public playgrounds

15 and parks,

16 (I) installation and repair of drainage

17 pipes, catch basins or other portions of control

18 of potential flooding,

19 (J) installation of graded ramps and as20 sistance devices such as handrails for the handi21 capped, and

22 (K) weatherization and other energy con23 servation activities.

24 (2) Activities to conserve, restore, rehabilitate

25 or improve public lands, including—
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1 (A) erosion, fire, flood, drought, earth2 quake, and storm damage prevention, assist3 ance, and control,

4 (B) removal of refuse and hazardous mate5 rials from drainage ditches, illegal dumping

6 sites, and other public areas,

7 (C) stream, lake and waterfront harbor

8 and port improvement and pollution control,

9 (D) nursery, forestry and silvicultural op10 erations,

11 (E) reclamation activities on public lands

12 that have been stripmined or subjected to other

13 mineral extraction activities,

14 (F) fish culture and habitat maintenance

15 and improvement and other fishery assistance,

16 (G) rehabilitation, improvement and con17 servation of rangelands,

18 (H) urban revitalization and historical and

19 cultural site preservation,

20 (I) road and trail maintenance and im21 provement,

22 (J) improvement and reuse of abandoned

23 railroad bed and right-of-way, and
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1 (K) renewable resource enhancement, en2 ergy conservation projects and recovery of bio3 mass.

4 (3) Public safety, health, social service, and

5 other activities necessary to the public welfare, in6 cluding—

7 (A) fire hazard inspection and repair, and

8 repairing or replacing fire hydrants,

9 (B) emergency food and shelter activities,

10 (C) child and dependent care activities de11 signed to enable parents to become fully em12 ployed,

13 (D) assisting in nutrition programs for

14 children, the elderly and the disabled,

15 (E) other services, for the elderly or dis16 abled, including meals on wheels, inhome serv17 ices, and respite care,

18 (F) disaster relief efforts to assist victims,

19 (G) upgrading personal and residential se20 curity for elderly and low-income residents of

21 public or publicly assisted housing,

22 (H) public health services, including assist23 ance in community health centers,

24 (I) emergency medical and rescue services,

25 (J) drug and alcohol abuse programs,
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1 (K) domestic violence programs, including

2 prevention of child abuse,

3 (L) education and training assistance, in4 cluding family literacy, English as a second lan5 guage, basic skills education, remedial tutoring,

6 and occupational skills training,

7 (M) assisting public library programs, in8 cluding library aides programs and book9 mobiles,

10 (N) employment counseling, homelessness

11 prevention and other services to veterans,

12 (O) security guards for public schools and

13 public housing projects,

14 (P) police support such as dispatchers,

15 neighborhood watch, and traffic control to free

16 police officers for full time street duty,

17 (Q) staff support for juvenile and adult

18 correctional facilities,

19 (R) rodent and insect control activities,

20 (S) hazardous materials surveys, and

21 (T) unemployment counseling and job

22 placement services.

23 (b) JOINT PROGRAMS AUTHORIZED.—Nothing in

24 this subtitle shall be construed to preclude such activities
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1 from being conducted in conjunction with programs fund2 ed from sources other than under this subtitle.

3 (c) DEFINITION OF PROJECT.—For the purpose of

4 this section, the term ‘‘project’’ means a definable task

5 or group of related tasks which—

6 (1) will be carried out by a government depart7 ment, public or quasi-public agency, private non8 profit organization or private contractor,

9 (2) will be completed within 24 months,

10 (3) is an activity authorized under this section

11 or section 231(b),

12 (4) will result in a specific product or accom13 plishment,

14 (5) would not otherwise be conducted with ex15 isting funds, and

16 (6) will meet the priorities established in section

17 214.

18 (d) PUBLIC LANDS PROJECTS LIMITATIONS.—

19 (1) BENEFITS AND REIMBURSEMENT.—Projects

20 to be carried out under subsection (a)(2) shall be

21 limited to projects on public lands or Indian lands

22 except where a project involving other lands will pro23 vide a documented public benefit and reimbursement

24 will be provided to the recipient for that portion of

25 the total cost of the project which does not provide
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1 a public benefit. Notwithstanding any other provi2 sion of law, any reimbursement referred to in the

3 preceding sentence shall be retained by the recipient

4 and shall be used by the recipient for purposes of

5 carrying out other projects under this subtitle.

6 (2) CONSISTENCY WITH LAWS AND POLICIES.—

7 All projects carried out under this Act for conserva8 tion, rehabilitation, restoration, or improvement of

9 any public lands or Indian lands shall be consistent

10 with the provisions of law and policies relating to the

11 management and administration of such lands, with

12 all other applicable provisions of law, and with all

13 management, operational, and other plans and docu14 ments which govern the administration of the area.

15 SEC. 211. ELIGIBLE ADMINISTRATIVE ENTITIES.

16 (a) IN GENERAL.—Except as otherwise provided in

17 this section, an eligible administrative entity under this

18 title shall be an administrative entity under section

19 103(b)(1)(B) of the Job Training Partnership Act (29

20 U.S.C. 1513(b)(1)(B)) that serves one or more eligible ju21 risdictions.

22 (b) ELIGIBLE JURISDICTION.—An eligible jurisdic23 tion under this subtitle is an area which has an unemploy24 ment rate in excess of 6 percent and which is—
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1 (1) a unit of general local government which

2 has a population of 50,000 or more individuals;

3 (2) a consortium of contiguous units of general

4 local government which includes—

5 (A) two or more municipal governments at

6 least one of which is an eligible jurisdiction

7 under paragraph (1);

8 (B) a combination of one or more such

9 municipal governments and one or more county

10 governments (or equivalents); or

11 (C) two or more county governments (or

12 equivalents) at least one of which is an eligible

13 jurisdiction under paragraph (1);

14 (3) a contiguous group of census tracts that

15 constitutes an area of substantial unemployment (as

16 that term is defined in section 212(c)) that is not

17 within an area that is an eligible jurisdiction under

18 paragraph (1) or (2); or

19 (4) any Native American Indian Tribe, band, or

20 group on a Federal or State reservation, the Okla21 homa Indians, and any Alaska Native village or

22 group as defined in the Alaska Native Claims Settle23 ment Act, having a governing body.

24 (c) QUALIFICATION OF ADMINISTRATIVE

25 ENTITIES.—
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1 (1) IN GENERAL.—An administrative entity

2 that serves an eligible jurisdiction shall qualify as an

3 eligible administrative entity for that eligible juris4 diction by filing, within 30 days of the allotment of

5 funds to such area under section 212, a statement

6 in accordance with section 213 with respect to the

7 use of such allotment. If no such administrative en8 tity files such a statement within such 30 days, the

9 Secretary may, on the basis of the filing of such a

10 statement, qualify another administrative entity

11 within the same State to serve that jurisdiction.

12 (2) PRESERVATION OF LOCAL SERVICE.—A

13 larger unit of general local government (determined

14 on the basis of population) shall not qualify as an

15 eligible administrative entity to serve the population

16 of any geographic area within the jurisdiction of any

17 smaller unit of general local government (determined

18 on the basis of population) if the latter such unit is

19 or is part of an eligible administrative entity that

20 has filed a statement under section 213 with respect

21 to the use of funds provided under this title for such

22 area.

23 SEC. 212. ALLOTMENT OF FUNDS.

24 (a) NATIVE AMERICAN ALLOTMENT.—
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1 (1) FUNDS RESERVED.—From the amount

2 available for purposes of this title for any fiscal year

3 (exclusive of the amount available for subpart C),

4 the Secretary shall reserve 2 percent for allotments

5 among Native American eligible jurisdictions de6 scribed in section 211(b)(4) in accordance with para7 graph (2).

8 (2) ALLOTMENTS.—The amounts which are re9 quired by paragraph (1) to be allotted in accordance

10 with this paragraph among Native American eligible

11 jurisdictions shall be allotted among such jurisdic12 tions on an equitable basis, taking into account the

13 extent to which regular employment opportunities

14 have been lacking for long-term periods among indi15 viduals within the jurisdiction of such entities.

16 (b) GENERAL ALLOTMENTS.—

17 (1) RESERVATION.—The remainder of the

18 amount available for this subtitle for any fiscal year

19 (after making the allotment required by subsection

20 (a)) shall be allotted by the Secretary to the States

21 for allocation to eligible jurisdictions within each

22 State. Each State shall allocate to the eligible juris23 dictions within the State such amounts as deter24 mined by the Secretary pursuant to the formula con25 tained in paragraph (2).
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1 (2) FORMULA.—Of the amounts allotted to eli2 gible jurisdictions for this part of each fiscal year—

(A) 331 3 ⁄3 percent shall be allotted on the

4 basis of the relative number of unemployed in5 dividuals residing in areas of substantial unem6 ployment within each eligible jurisdiction as

7 compared to the total number of such unem8 ployed individuals in all eligible jurisdictions in

9 all States; and

(B) 662 10 ⁄3 percent shall be allotted on the

11 basis of the relative number of unemployed in12 dividuals residing within each eligible jurisdic13 tion as compared to the total number of unem14 ployed individuals residing in all eligible juris15 dictions in all States.

16 (3) LIMITATIONS ON FORMULA.—The total al17 lotment for all eligible jurisdictions within any one

18 State shall not be less than one-quarter of one per19 cent of the total allotted to all eligible jurisdictions

20 in all States.

21 (c) DEFINITIONS.—For the purposes of this section:

22 (1) The term ‘‘area of substantial unemploy23 ment’’ means any area of sufficient size and scope

24 to sustain a program under this subtitle and which

25 has an average rate of unemployment of at least 6.0
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1 percent for the most recent 12 months as deter2 mined by the Secretary. Determinations of areas of

3 substantial unemployment shall be made once each

4 fiscal year.

5 (2) The term ‘‘excess number’’ means the num6 ber which represents the number of unemployed in7 dividuals in excess of 4.5 percent of the civilian labor

8 force in the service delivery area, or the number

9 which represents the number of unemployed individ10 uals in excess of 4.5 percent of the civilian labor

11 force in areas of substantial unemployment in such

12 service delivery area.

13 SEC. 213. REQUIREMENTS FOR RECEIPT OF ALLOTMENT.

14 (a) SUBMISSION OF STATEMENT.—

15 (1) CONTENTS OF STATEMENT.—Each eligible

16 administrative entity which desires to receive its al17 lotment under section 212 shall, within 30 days

18 after receiving notice of such allotment, submit to

19 the Secretary a statement—

20 (A) designating a fiscal agent for the re21 ceipt of payments from such allotment;

22 (B) agreeing to use funds only in accord23 ance with the provisions of this Act;

24 (C) agreeing to use such funds for projects

25 or activities under subpart A, B, and C of this
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1 subtitle and for which, to the maximum extent

2 feasible, on-site labor can begin within 45 days

3 of receipt of funds under this subtitle; and

4 (D) agreeing to provide each of the quar5 terly reports required by subsection (c).

6 (2) ACTION BY SECRETARY.—Within 30 days

7 after the final day for the submission of statements

8 required by paragraph (1), the Secretary shall, on

9 the basis of only those eligible administrative entities

10 submitting such statements, make a final allotment

11 of funds in accordance with section 212, and shall

12 notify each such eligible administrative entity of the

13 amount of its final allotment.

14 (b) PAYMENT OF ALLOTMENTS.—

15 (1) PROSPECTIVE RULE.—For fiscal years be16 ginning after the date of enactment of this Act, the

17 Secretary shall pay to each eligible administrative

18 entity which has filed a statement in accordance

19 with subsection (a) its allotment for that fiscal year.

20 Such payments shall be made in equal installments

21 not later than 5 days after the beginning of each

22 quarter for which funds are available.

23 (2) PREVIOUS FISCAL YEAR PAYMENTS.—For

24 any fiscal year which began prior to the date of en25 actment of this Act, the Secretary shall, not later
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1 than 30 days after the final allotment of funds for

2 such fiscal year under subsection (a)(2), pay to each

3 eligible administrative entity which has filed a state4 ment the total amount of such allotment.

5 (c) REPORTS ON USE OF FUNDS.—Not later than 45

6 days after the end of each calendar quarter, each eligible

7 administrative entity which has, during such quarter, ex8 pended funds made available under this subtitle (in that

9 or a preceding quarter) shall submit to the Secretary a

10 report on the use of such funds. Such report shall—

11 (1) describe in detail the jobs created with such

12 funds, including (A) the nature of the employment

13 activity, (B) the wage rates paid, and (C) the dura14 tion of employment;

15 (2) contain adequate data to evaluate the char16 acteristics of participants in programs under this

17 subtitle, including the sex, race, age, handicapped

18 status, and veteran status of participants; and

19 (3) contain such other information as the Sec20 retary may specifically request in order to ascertain

21 whether such entity has used such funds in accord22 ance with the requirements of this Act.

23 (d) WITHHOLDING SUBJECT TO PROCEDURES.—The

24 Secretary may not withhold, suspend, or terminate the
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1 payment of any installment of an allotment except in ac2 cordance with section 303.

3 SEC. 214. PROJECT DESIGN.

4 (a) PRIORITY.—In designing projects under this sub5 title, the eligible administrative entity shall give priority

6 to projects on the basis of—

7 (1) the severity and duration of unemployment

8 within localities in the area of the eligible adminis9 trative entity,

10 (2) the degree to which project activities will

11 lead to the expansion of unsubsidized employment

12 opportunities in the private sector,

13 (3) the level of need which exists for the activi14 ties and services to be provided,

15 (4) the extent to which the activities will pro16 vide long-term benefits to the public,

17 (5) the extent to which the activities will instill

18 in the enrollee involved a work ethic and a sense of

19 public service,

20 (6) the extent to which the project will be labor

21 intensive, and

22 (7) the extent to which the project can be

23 planned and initiated promptly.

24 (b) COORDINATION.—To the extent feasible, employ25 ment opportunities established with funds made available
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1 under this subtitle shall be coordinated with other Federal,

2 State and local activities, including vocational and adult

3 education, job training provided with funds available

4 under the Job Training Partnership Act (29 U.S.C. 1501

5 et seq.), the Family Support Act of 1988, and activities

6 receiving funds available under section 106 of the Housing

7 and Community Development Act of 1974 (42 U.S.C.

8 5306), and other Federal laws.

9 PART B—COMMUNITY IMPROVEMENT AND RENEWAL

10 ACTIVITIES FOR YOUTH TRAINEES

11 SEC. 221. YOUTH TRAINEE ACTIVITIES.

12 (a) USE OF FUNDS AUTHORIZED.—Funds under this

13 subtitle may be used for eligible youth who are paid wages

14 and benefits from such funds for part-time employment

15 not in excess of 32 hours per week. Such part-time em16 ployment may be in any activity described in section 310

17 or may be at a work site operated by a public or private

18 nonprofit agency or organization or by an employer orga19 nized for profit, but shall be provided in a manner which

20 requires, and is consistent with, the youth’s enrollment in

21 high school, a program which leads to a certificate of high

22 school equivalency, or a program of basic skills, skills

23 training or employability development, including a pro24 gram operated pursuant to the Family Support Act. Such

25 enrollment shall be for a minimum of 8 hours per week.
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1 (b) JOINT PROJECTS AUTHORIZED.—In meeting the

2 requirements of subsection (a), funds required to be used

3 for such purpose may be used in activities which also re4 ceive funds under the Job Training Partnership Act (in5 cluding Job Corps), the Carl D. Perkins Vocational Edu6 cation Act, the Family Support Act’s Job Opportunities

7 and Basic Skills Program, or other State or local public

8 or private education or training programs.

9 SEC. 222. ELIGIBLE YOUTH.

10 (a) EXEMPTION FROM UNEMPLOYMENT DURATION

11 REQUIREMENTS.—Notwithstanding section 203(a)(2) re12 garding the duration of unemployment, (1) any youth

13 aged 16 through 19, or (2) any youth aged 16 through

14 24 who is the parent of a dependent non-custodial child,

15 and who executes an agreement of support and an author16 ization for the withholding of a portion of the wages from

17 such activity for use in supporting such dependent child,

18 and (3) who is currently unemployed shall be eligible to

19 be a participant in activities conducted under this part.

20 (b) PRIORITY.—In selecting such participants, an eli21 gible administrative shall, notwithstanding section 203(c),

22 give priority to individuals who are economically disadvan23 taged. Among such individuals, eligible school dropouts

24 shall be served on an equitable basis. For purposes of this

25 subsection, a school dropout is an individual who is not
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1 attending any school and has not received a secondary

2 school diploma or certificate of high school equivalency.

3 PART C—STATE JOB PROGRAMS

4 SEC. 231. FINANCIAL ASSISTANCE FOR STATE JOB PRO5 GRAMS.

6 (a) USE OF ALLOTTED FUNDS.—Five percent of the

7 sums allotted to each State under section 204 shall be

8 available for purposes of this part.

9 (b) USE OF FUNDS.—The sums available under sub10 section (a) shall be used for employment of eligible partici11 pants under this subtitle—

12 (1) through State-administered programs and

13 activities authorized under section 201, such as

14 those in—

15 (A) State parks, forests, recreation, and

16 conservation programs (including rangeland re17 habilitation and improvement and beach front

18 erosion rehabilitation and repair),

19 (B) State hospital and other institutions

20 and facilities providing health care,

21 (C) State correctional institutions and pro22 grams, including juvenile facilities, and

23 (D) State administered social service pro24 grams (including State-sponsored pre-school

25 and child care programs);
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1 (2) through special assistance (in conjunction,

2 as appropriate with eligible administrative entities

3 under subtitle B) for areas which have experienced

4 sudden or severe economic dislocations, including

5 large scale losses of jobs caused by the closing of fa6 cilities (including defense related facilities) or mass

7 layoffs;

8 (3) through State-directed emergency aid pro9 grams to cope with natural disasters, including ero10 sion, flood, drought, and storm damage assistance

11 and control activities; and

12 (4) through special assistance to seasonal farm13 workers and small farmers in rural, agricultural

14 areas which have experienced substantial losses of

15 jobs due to the rising numbers of farm mortgage

16 foreclosures and other severe economic disruption (in

17 conjunction, as appropriate, with eligible administra18 tive entities under subtitle B or with related pro19 grams under the Job Training Partnership Act (29

20 U.S.C. 1501 et seq.), or both).

21 (c) PROGRAM AND ACTIVITY SELECTION AND DE22 SIGN.—In determining the programs and activities to re23 ceive funds allotted under subsection (a), the State shall

24 give first priority to the establishment of those programs

25 and activities which will provide job sites (1) within juris-
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1 dictions defined in section 204, or (2) only after such pri2 ority is met in the State, within areas in the State in which

3 the rate of unemployment is the highest. In designing

4 projects under this section, the State shall evaluate

5 projects on the basis of the severity and duration of unem6 ployment within localities in the State and the level of

7 need which exists for the activities and services to be pro8 vided.

9 (d) STATEMENT REQUIRED.—Each State which de10 sires to expend funds under this part shall, within 30 days

11 after receiving notice of such allotment, submit to the Sec12 retary a statement—

13 (1) agreeing to use such funds only in accord14 ance with the provisions of this Act; and

15 (2) agreeing to provide each of the quarterly re16 ports required by subsection (e).

17 (e) REPORTS REQUIRED.—Not later than 30 days

18 after the end of each calendar quarter, each State which

19 has, during such quarter, expended funds made available

20 under this part (in that or a preceding quarter) shall sub21 mit to the Secretary a report on the use of such funds.

22 Such report shall—

23 (1) describe in detail the jobs created with such

24 funds including (A) the nature of the employment
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1 activity, (B) the wage rates paid, and (C) the dura2 tion of employment;

3 (2) contain adequate data to evaluate the char4 acteristics of participants in programs under this

5 part, including race, sex, age, handicapped status,

6 and veteran status of participants; and

7 (3) contain such other information as the Sec8 retary may specifically request in order to ascertain

9 whether the State has used such funds in accordance

10 with the requirements of this Act.

11 Subtitle C—Employment Activities—Repair

12 and Renovation of Educational Facilities

13 PART A—ELEMENTARY AND SECONDARY SCHOOL

14 FACILITY IMPROVEMENT JOBS

15 SEC. 241. SCHOOL FACILITY REPAIR AND RENOVATION

16 PROJECTS.

17 (a) USE OF FUNDS AUTHORIZED.—Funds shall be

18 made available under this part for any fiscal year to any

19 eligible local education agency in an eligible jurisdiction

20 under section 211 and shall be used to carry out projects

21 and activities (in accordance with the limitation on use

22 of funds set forth in section 204) providing employment

23 to eligible participants (qualifying under section 203) in

24 work on the repair, renovation, restoration or rehabilita25 tion of the public school facilities of such agency.
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1 (b) USE OF QUICK-START PROJECTS.—To the maxi2 mum extent feasible, funds made available under this part

3 shall be used for projects or activities on which on-site

4 labor can begin within 30 days of receipt of funds under

5 this part.

6 (c) PERMITTED USE OF FUNDS.—Funds available

7 under this part shall be used in accordance with State and

8 local procedures—

9 (1) for assisting State and local educational

10 agencies in bringing the public school facilities into

11 conformity with the requirements of—

12 (A) the Act of August 12, 1968, commonly

13 known as the Architectural Barriers Act of

14 1968,

15 (B) section 504 of the Rehabilitation Act

16 of 1973,

17 (C) the Americans with Disabilities Act,

18 and

19 (D) environmental protection or health and

20 safety programs mandated by Federal, State, or

21 local law, especially for those facilities which

22 were constructed before such requirements were

23 in effect;
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1 (2) for the repair, renovation, restoration or re2 habilitation of public school facilities, including elec3 trical rewiring for new technology;

4 (3) for conversion of presently unused or

5 underused facilities into adult training centers or

6 pre-school education centers, including Head Start

7 centers;

8 (4) for remodeling or renovating structures to

9 make them more energy efficient; or

10 (5) for detecting, removing or otherwise con11 taining lead or asbestos in academic or other facili12 ties used by students.

13 (d) TRIBAL SCHOOL PROJECTS.—

14 (1) APPLICATION REQUIRED.—Funds made

15 available to the Secretary of the Interior shall be

16 made available, upon application, to Indian tribal

17 schools for purposes consistent with subsection (c),

18 and consistent with Federal and Tribal procedures.

19 Such applications shall contain a description of the

20 activities to be performed, with estimates of the

21 costs associated with such activities, and shall give

22 priority to the employment of Native Americans, and

23 to the activities described in subsection (c)(1).

24 (2) REGULATIONS.—The Secretary of the Inte25 rior shall, not later than 120 days after the date of
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1 enactment of this Act, promulgate regulations nec2 essary for the establishment of the program author3 ized under this subsection. In addition, the Secretary

4 of the Interior shall, during the 120-day period and

5 annually thereafter, establish by regulation priorities

6 for making grants under this subsection which are

7 consistent with subsection (c).

8 (3) COMPLIANCE WITH ALLOTMENT REQUIRE9 MENTS.—For the purposes of section 242, the De10 partment of the Interior shall be considered as a

11 State educational agency.

12 (4) RULE OF CONSTRUCTION.—Nothing con13 tained in this subsection shall be construed to relieve

14 the Secretary of the Interior of the responsibility to

15 provide adequate and equitable funding under the

16 Snyder Act (25 U.S.C. 13) for the operations and

17 maintenance of Indian tribal school facilities.

18 SEC. 242. ALLOTMENT OF FUNDS.

19 (a) FUNDS RESERVED.—From the amount available

20 for purposes of this part for any fiscal year, the Secretary

21 shall reserve 2 percent for allotment among Native Amer22 ican eligible jurisdictions described in section 211(b)(4).

23 Such reserved amount shall be allotted among Native

24 American eligible jurisdictions on an equitable basis, tak25 ing into account the extent to which regular employment
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1 opportunities have been lacking for long-term periods

2 among individuals within the jurisdiction of such entities.

3 (b) LOCAL EDUCATIONAL AGENCY ALLOTMENTS.—

4 The remainder of the amount available for purposes of

5 this part for any fiscal year shall be allotted by the Sec6 retary among local educational agencies located within eli7 gible jurisdictions (as determined by section 211(b)) by

8 allocating to each such local educational agency an

9 amount that bears the same ratio to such remainder as

10 the allotment (under section 212(b)(2)) of the eligible ju11 risdiction within which it is located bears to the sum of

12 the allotments to all eligible jurisdictions under such sec13 tion.

14 SEC. 243. REQUIREMENTS FOR RECEIPT OF ALLOTMENT.

15 (a) STATEMENT REQUIRED.—

16 (1) CONTENTS OF STATEMENT.—Each local

17 educational agency which desires to receive its allot18 ment under section 242 shall, within 30 days after

19 receiving notice of such allotment, submit to the Sec20 retary a statement—

21 (A) agreeing to use such funds only in ac22 cordance with the provisions of this Act; and

23 (B) agreeing to provide each of the quar24 terly reports required by subsection (c).
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1 (2) ACTION BY SECRETARY.—Within 30 days

2 after the final day for the submission of statements

3 required by paragraph (1), the Secretary shall, on

4 the basis of only those local educational agencies

5 submitting such statements, make a final allotment

6 of funds in accordance with section 242, and shall

7 notify each such agency of the amount of its final

8 allotment.

9 (b) PAYMENT OF ALLOTMENTS.—

10 (1) PROSPECTIVE PAYMENT RULE.—For fiscal

11 years beginning after the date of enactment of this

12 Act, the Secretary shall pay to each local educational

13 agency which has filed a statement in accordance

14 with subsection (a) its allotment for that fiscal year.

15 Such payments shall be made in equal installments

16 not later than 5 days after the beginning of each

17 quarter for which funds are available.

18 (2) PREVIOUS FISCAL YEARS.—For any fiscal

19 year which began prior to the date of enactment of

20 this Act, the Secretary shall, not later than 30 days

21 after the final allotment of funds for such fiscal year

22 under subsection (a)(2), pay to each local education

23 agency which has filed such a statement the total

24 amount of such allotment.
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1 (c) REPORTS REQUIRED.—Not later than 30 days

2 after the end of each calendar quarter, each local edu3 cational agency which has, during such quarter, expended

4 (or made available to a local educational agency for ex5 penditure) funds made available under this part (in that

6 or a preceding quarter) shall submit to the Secretary a

7 report on the use of such funds. Such report shall—

8 (1) describe in detail the jobs created with such

9 funds including (A) the nature of the employment

10 activity, (B) the wage rates paid, and (C) the dura11 tion of employment;

12 (2) contain adequate data to evaluate the char13 acteristics of participants in programs under this

14 part, including the race, sex, age, handicapped sta15 tus, and veteran status of such participants; and

16 (3) contain such other information as the Sec17 retary may specifically request in order to ascertain

18 whether such agency has used such funds in accord19 ance with the requirements of this Act.

20 (d) WITHHOLDING PROCEDURES.—The Secretary

21 may not withhold, suspend, or terminate the payment of

22 any installment of an allotment except in accordance with

23 section 403.
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1 PART B—HIGHER EDUCATION FACILITY IMPROVEMENT

2 PROJECTS

3 SEC. 251. ACADEMIC FACILITY REPAIR AND RENOVATION

4 PROJECTS.

5 (a) USE OF FUNDS AUTHORIZED.—The funds made

6 available to any institution of higher education under this

7 part for any fiscal year shall be used to carry out projects

8 and activities (in accordance with the limitation on use

9 of funds set forth in section 204) providing employment

10 to eligible participants (qualifying under section 203) in

11 work on the repair, restoration, renovation, or rehabilita12 tion of the academic facilities of such institution.

13 (b) USE OF QUICK-START PROJECTS.—To the maxi14 mum extent feasible, funds made available under this part

15 shall be used for projects or activities on which on-site

16 labor can begin within 90 days of receipt of funds under

17 this part.

18 (c) PERMITTED USE OF FUNDS.—

19 (1) ELIGIBLE PROJECTS.—Funds alloted to

20 each State under section 252 shall be made available

21 through the higher education building agency of

22 such State, in accordance with its State plan under

23 part A of title VII of the Higher Education Act of

24 1965, to assist institutions of higher education in

25 carrying out eligible projects under that title for the
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1 repair, restoration, renovation, and rehabilitation of

2 academic facilities and libraries if the primary pur3 pose of such assistance is—

4 (A) to enable such institutions to econo5 mize on the use of energy resources, with a pri6 ority for the use of coal, solar, and renewable

7 resources;

8 (B) to enable such institutions to bring

9 their academic facilities and libraries into con10 formity with the requirements of—

11 (i) the Act of August 12, 1968, com12 monly known as the Architectural Barriers

13 Act of 1968,

14 (ii) section 504 of the Rehabilitation

15 Act of 1973,

16 (iii) the Americans with Disabilities

17 Act, and

18 (iv) environmental protection or

19 health and safety programs mandated by

20 Federal, State, or local law, especially for

21 those facilities which were constructed be22 fore such requirements were in effect;

23 (C) to enable such institutions to renovate

24 research facilities and postsecondary technical
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1 training facilities, including electrical rewiring

2 for new technology; or

3 (D) to enable such institutions to detect,

4 remove, or otherwise contain asbestos hazards

5 in academic or other facilities used by students.

6 (2) USE AT INSTITUTIONS LOCATED IN ELIGI7 BLE JURISDICTIONS.—Funds alloted under section

8 252 shall be made available only to institutions of

9 higher education that are located within eligible ju10 risdictions under section 211(b), except that the Sec11 retary may waive the requirements of this paragraph

12 for any State if there are no institutions of higher

13 education located within the eligible jurisdictions

14 within such State.

15 (3) SELECTION OF ELIGIBLE PROJECTS.—In

16 selecting eligible projects for the use of funds under

17 this part, the higher education building agency shall

18 give priority to projects at those institutions of high19 er education—

20 (A) with the greatest proportion of stu21 dents receiving Pell Grants under the Higher

22 Education Act of 1965; and

23 (B) which have not been able to obtain

24 funds for the performance of the project

25 through the sale of bonds or other obligations.
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1 SEC. 252. ALLOTMENT OF FUNDS

2 (a) ALLOTMENT FORMULA.—

3 (1) FUNDS RESERVED.—From the amount

4 available for purposes of this part for any fiscal

5 year, the Secretary shall reserve 2 percent for allot6 ment among Native American eligible jurisdictions

7 described in section 211(b)(4). Such reserved

8 amount shall be alloted among Native American eli9 gible jurisdictions on an equitable basis, taking into

10 account the extent to which regular employment op11 portunities have been lacking for long-term periods

12 among individuals within the jurisdiction of such en13 tities.

14 (2) STATE ALLOTMENTS.—The remainder of

15 the amount available for purposes of this part shall

16 be alloted by the Secretary among the States by allo17 cating to each State an amount that bears the same

18 ratio to such remainder as the sum of the allotments

19 (under section 212(b)(2)) of the eligible jurisdictions

20 within such State bears to the sum of the allotments

21 to all eligible jurisdictions under such section.

22 (b) ADMINISTRATIVE COSTS.—From the amount

23 alloted to any State under subsection (a), the higher edu24 cation building agency shall reserve not more than 1 per25 cent thereof for its necessary administrative costs in carry26 ing out the purposes of this part.
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1 SEC. 253. REQUIREMENTS FOR RECEIPT OF ALLOTMENT.

2 (a) STATEMENT REQUIRED.—

3 (1) CONTENT OF STATEMENT.—Each State

4 which desires to receive its allotment under section

5 252 shall, within 30 days after receiving notice of

6 such allotment, submit to the Secretary a state7 ment—

8 (A) designating a fiscal agent for the re9 ceipt of payments from such allotment;

10 (B) agreeing to use funds only in accord11 ance with the provisions of this Act; and

12 (C) agreement to provide each of the quar13 terly reports required by subsection (c).

14 (2) ACTION BY SECRETARY.—Within 30 days

15 after the final statements required by paragraph (1),

16 the Secretary shall, on the basis of only those States

17 submitting such statements, make a final allotment

18 of funds in accordance with section 252, and shall

19 notify each State of the amount of its final allot20 ment.

21 (b) PAYMENT OF ALLOTMENTS.—

22 (1) PROSPECTIVE PAYMENT RULE.—For fiscal

23 years beginning after the date of enactment of this

24 Act, the Secretary shall pay to each State which has

25 filed a statement in accordance with subsection (a)

26 its allotment for that fiscal year. Such payments
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1 shall be made in equal installments not later than 5

2 days after the beginning of each quarter for which

3 funds are available.

4 (2) PREVIOUS FISCAL YEARS.—For any fiscal

5 year which begins prior to the date of enactment of

6 this Act, the Secretary shall, not later than 30 days

7 after the final allotment of funds for such fiscal year

8 under subsection (a)(2), pay to each State which has

9 filed such a statement the total amount of such al10 lotment.

11 (c) REPORTS REQUIRED.—Not later than 30 days

12 after the end of each calendar quarter, each State which

13 has, during such quarter, expended (or made available for

14 expenditure) funds made available under this part (in that

15 or a preceding quarter) shall submit to the Secretary a

16 report on the use of such funds. Such report shall—

17 (1) describe in detail the jobs created with such

18 funds including (A) the nature of the employment

19 activity, (B) the wage rates paid, and (C) the dura20 tion of employment,

21 (2) contain adequate data to evaluate the char22 acteristics of participants in programs under this

23 part, including race, sex, age, handicapped status,

24 and veteran status of participants; and
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1 (3) contain such other information as the Sec2 retary may specifically request in order to ascertain

3 whether such State has used such funds in accord4 ance with the requirements of this Act.

5 (d) WITHHOLDING PROCEDURES.—The Secretary

6 may not withhold, suspend, or terminate the payment of

7 any installment of an allotment except in accordance with

8 section 303.

9 PART C—SPECIAL DEFINITIONS FOR SUBTITLE C

10 SEC. 261. DEFINITIONS.

11 Notwithstanding section 305, for purposes of this

12 subtitle—

13 (1) the term ‘‘State educational agency’’ has

14 the meaning provided under section 1471(23) of the

15 Elementary and Secondary Education Act of 1965;

16 (2) the term ‘‘local educational agency’’ has the

17 meaning provided under section 1471(12) of the El18 ementary and Secondary Education Act of 1965;

19 (3) the term ‘‘higher education building agen20 cy’’ has the meaning provided under 734(b) of the

21 Higher Education Act of 1965;

22 (4) the term ‘‘Indian tribal school’’ means any

23 school operated by an Indian tribe under the Indian

24 Self-Determination and Education Assistance Act

25 (Public Law 93–638); and
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1 (5) the term ‘’institution of higher education’’

2 has the meaning provided under section 1201(a) of

3 the Higher Education Act of 1965.

4 PART D—AUTHORIZATION OF APPROPRIATIONS

5 SEC. 271. AUTHORIZATION OF APPROPRIATIONS.

6 (a) IN GENERAL.—In order to provide employment

7 opportunities for unemployed individuals under this title

8 there are authorized to be appropriated $45,000,000,000

9 for each the fiscal years 1995, 1996, 1997, 1998 and

10 1999.

11 (b) DIVISION BETWEEN SUBTITLES.—Of the amount

12 appropriated pursuant to subsection (a) for any fiscal

13 year—

14 (1) 80 percent shall be available for purposes of

15 subtitle B,

16 (2) 10 percent shall be available for purposes of

17 part A of subtitle C, and

18 (3) 10 percent shall be available for purposes of

19 part B of subtitle C.

20 TITLE III—GENERAL PROVISIONS

21 SEC. 301. GENERAL REQUIREMENTS.

22 (A) DISCRIMINATION PROHIBITED—

23 (1) EXCLUSION PROHIBITED.—No person shall

24 be excluded from participation in, denied the bene25 fits of, subjected to discrimination under, or denied
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1 employment in the administration of or in connec2 tion with any program under this Act because of

3 race, color, religion, sex, national origin, age, handi4 cap, or political affiliation or belief.

5 (2) SECTARIAN PURPOSES PROHIBITED.—Par6 ticipants under this Act shall not be employed on the

7 construction, operation, or maintenance of so much

8 of any facility as is used or to be used for sectarian

9 instruction or as a place for religious worship.

10 (3) STATUS AS PARTICIPANTS.—With respect to

11 terms and conditions affecting, or rights provided to,

12 individuals who are participants in activities sup13 ported by funds provided under this Act, such indi14 viduals shall not be discriminated against solely be15 cause of their status as participants under this Act.

16 (b) USE OF FUNDS FOR SUPPLEMENTARY ACTIVI17 TIES.—Funds provided under this Act shall only be used

18 for activities which are in addition to those which would

19 otherwise be available in the area in the absence of such

20 funds.

21 (c) SUBSTITUTION FOR GOVERNMENT PROGRAMS

22 PROHIBITED.—No funds made available under this Act

23 for subsidized employment may be provided to a private

24 organization, institution, or contractor to conduct any ac25 tivities customarily performed by employees of a State, a
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1 political subdivision, or a local educational agency in the

2 area served by the program.

3 (d) SERVICES TO RESIDENTS.—Only individuals re4 siding in the area of an eligible jurisdiction under title II

5 may participate in activities funded under such titles, ex6 cept that a recipient may permit participation by homeless

7 individuals who cannot prove residence within the eligible

8 jurisdiction.

9 (e) HIRING OF VOLUNTARILY TERMINATED WORK10 ERS PROHIBITED.—No individual shall be eligible to be

11 employed in a position subsidized under this Act if such

12 individual has, within the preceding six months, volun13 tarily terminated, without good cause, his or her last pre14 vious full-time employment at a wage rate equal to or ex15 ceeding the Federal minimum wage as prescribed under

16 section 6(a)(1) of the Fair Labor Standards Act of 1938,

17 unless such individuals has moved to follow a spouse.

18 (f) POLITICAL ACTIVITIES PROHIBITED.—Financial

19 assistance under this Act shall not be provided for any

20 program which involves political activities.

21 (g) WAGE RATES.—

22 (1) MINIMUM OR PREVAILING HOURLY RATE

23 REQUIRED.—An individual in employment subsidized

24 under this Act shall be paid wages which shall not

25 be less than the highest of (A) the minimum wage
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1 under section 6(a)(1) of the Fair Labor Standards

2 Act of 1938, (B) the minimum wage under the ap3 propriate State or local minimum wage law, or (C)

4 the prevailing rates of pay for individuals employed

5 in similar occupations by the same employer.

6 (2) MAXIMUM AVERAGE RATE.—The average

7 weekly portion of the wages which may be paid to

8 participants from funds made available under this

9 Act for any fiscal year shall not exceed the amount

10 determined and published annually by the Secretary

11 before the beginning of such fiscal year. Such

12 amount shall be equal to—

13 (A) the national average weekly earnings

14 of production or nonsupervisory workers in pri15 vate, non-farm payrolls (as determined by the

16 Bureau of Labor Statistics for the most recent

17 12 months preceding such fiscal year for which

18 that determination is available),

19 (B) multiplied by 75 percent, and

20 (C) rounded up to the nearest $10.

21 (3) SUPPLEMENTATION PERMITTED.—Partici22 pants employed under this Act may have their wages

23 supplemented by the payment of additional wages

24 for such employment from sources other than this

25 Act.
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1 (4) TIME OFF.—Participants employed under

2 this Act shall be allowed sufficient time off from

3 work activities to participate effectively in job search

4 activities.

5 (5) PART-TIME/FLEX-TIME.—Funds under this

6 Act may be used to employ individuals in part-time,

7 flexible-time, and work-sharing employment cus8 tomarily offered by the employer, if such individuals

9 receive benefits customarily provided with respect to

10 such employment by the same employer.

11 (6) WORK RECORDS.—Programs under this Act

12 shall maintain an individual work record for each

13 participant, to be provided to each participant at the

14 end of his or her participation, which shall contain—

15 (A) a documentary history of the experi16 ence and skills acquired by such participant,

17 and

18 (B) a list of the major work tasks com19 pleted by each participant.

20 (h) EXPENDITURE SCHEDULE.—Any funds appro21 priated to carry out this Act which are alloted for any

22 fiscal year shall be available for expenditure by the recipi23 ent during a period of one year from the date of payment

24 to the recipient. No part of any allotment shall be revoked

25 or cancelled as long as the funds so allotted are expended
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1 by the recipient within such one-year period. If any such

2 funds are not so expended, the Secretary shall reallot an

3 amount equal to such unexpended funds among other eli4 gible recipients in accordance with this Act.

5 (i) PROGRAM ABUSE REGULATIONS.—Regulations

6 promulgated by the Secretary under section 123(g) of the

7 Comprehensive Employment and Training Act as in effect

8 on April 1, 1981, shall apply to funds provided under this

9 Act for the purpose of assuring against program abuses,

10 including, but not limited to, nepotism, conflicts-of-inter11 ests, the charging of fees in connection with participation

12 in the program; excessive or unreasonable legal fees; the

13 improper commingling of funds under this Act with funds

14 received from other sources; the failure to keep and main15 tain sufficient, auditable, or otherwise adequate records;

16 kickbacks; political patronage; violations of applicable

17 child labor laws; the use of funds for lobbying local, State,

18 or Federal legislators, and the use of funds for activities

19 which are not directly related to the proper operation of

20 the program.

21 SEC. 302. LABOR STANDARDS.

22 (a) CONDITIONS AND BENEFITS.—

23 (1) WORKING CONDITIONS.—Conditions of em24 ployment and training shall be appropriate and rea25 sonable in light of such factors as the type of work,
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1 geographical region, and proficiency of the partici2 pant.

3 (2) HEALTH, SAFETY, AND DISABILITY REGU4 LATIONS.—The regulations (relating to health and

5 safety, and worker’s compensation) implementing

6 paragraphs (2) and (3) of section 143(a) of the Job

7 Training Partnership Act (29 U.S.C. 1553(a)(2)

8 and (3)) issued on March 15, 1983, shall apply to

9 participants under this Act.

10 (3) COMPARABLE BENEFITS AND CONDI11 TIONS.—All individuals while employed in subsidized

12 jobs under this Act shall be provided benefits and

13 working conditions at the same level and to the same

14 extent as other employees doing the same type of

15 work.

16 (4) RETIREMENT CONTRIBUTIONS PROHIB17 ITED.—No funds available under this Act may be

18 used for contributions on behalf of any participant

19 to retirement systems or plans. Nothing in this sub20 section shall relieve either a participant or a pro21 gram from requirements of the Social Security Act.

22 (b) PROTECTION OF EXISTING WORKERS.—

23 (1) DISPLACEMENT PROHIBITED.—No cur24 rently employed worker shall be displaced by any

25 participant (including partial displacement such as a
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1 reduction in the hours of nonovertime work, wages,

2 or employment benefits).

3 (2) IMPAIRMENT OF CONTRACTS AND AGREE4 MENTS PROHIBITED.—No program shall impair ex5 isting contracts for services or collective-bargaining

6 agreements, except that no program under this Act

7 which would be inconsistent with the terms of a col8 lective-bargaining agreement shall be undertaken

9 without the written concurrence of the labor organi10 zation and employer concerned.

11 (3) FILLING OF LAID-OFF POSITIONS PROHIB12 ITED.—

13 (A) No participant whose wages are sub14 sidized under this Act shall be employed or job

15 opening filled when any other individual is on

16 layoff from the same or any substantially equiv17 alent job.

18 (B) No participant whose wages are sub19 sidized under this Act shall be employed or job

20 opening filled when, after the enactment of this

21 Act, the employer terminates the employment of

22 any regular unsubsidized employee in the same

23 or any substantially equivalent job or otherwise

24 reduces the number of regular unsubsidized em25 ployees in such jobs.
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1 (4) PROMOTIONAL INFRINGEMENT PROHIB2 ITED.—No jobs shall be created in a promotional

3 line that will infringe in any way upon the pro4 motional opportunities of currently employed individ5 uals.

6 (c) COMPLIANCE REPORTS.—

7 (1) SUBMISSION TO LABOR ORGANIZATIONS.—

8 Each quarterly report submitted pursuant to section

9 212(c), 231(e), 243(c), or 253(c) shall be transmit10 ted by the recipient to any labor organization rep11 resenting government employees who are engaged in

12 similar work to that performed by employees whose

13 wages are subsidized under this Act.

14 (2) CONTENTS OF REPORTS.—Each quarterly

15 report submitted pursuant to section 212(c), 231(e),

16 243(c), or 253(c) which is subject to the require17 ments of paragraph (3) shall, with respect to each

18 government department in which subsidized employ19 ment is provided under this Act, set forth—

20 (A) the number of all regular employees of

21 such department (i) during the quarter to

22 which such report applies and (ii) during the

23 quarter preceding the enactment of this Act;

24 and
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1 (B) the number of employees subsidized

2 under this Act in such department during each

3 such quarter.

4 (3) ANALYSIS OF JOB REDUCTION REQUIRED.—

5 If, for two succeeding calendar quarters, there has

6 been an average decline of 5 percent or more in the

7 number of such unsubsidized employees in any such

8 department as compared to such number for the

9 quarter described in paragraph (2)(A)(ii), such re10 port shall include a statement identifying the jobs

11 which have been reduced and setting forth any rea12 sons that such reduction does not result from a fail13 ure to comply with subsection (b) of this section.

14 (4) REVIEW.—Any such report which is re15 quired to contain such a statement shall be subject

16 to review in accordance with subsection (d).

17 (d) COMPLAINT PROCEDURE.—

18 (1) SUBMISSION OF COMPLAINTS.—Whenever

19 any employee, or labor organization representing em20 ployees, of a government employing subsidized em21 ployees under this Act submits to the Secretary a

22 complaint alleging that section 301 or subsection (a)

23 or (b) of this section has been violated, a copy of

24 such complaint shall be transmitted at the same

25 time to such government to review such complaint
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1 and to submit a reply to the Secretary within 15

2 days after receiving a copy of such complaint.

3 (2) INVESTIGATION OF COMPLAINTS.—An official

4 who shall be designated by the Secretary shall review any

5 report required to include a statement specified in sub6 section (c)(3), or any complaint submitted in accordance

7 with paragraph (1), to ascertain the accuracy of the infor8 mation set forth or alleged and to determine whether there

9 is substantial evidence that the affected activities fail to

10 comply with section 301 or subsection (a) or (b) of this

11 section.

12 (3) RECOMMENDATIONS.—The official so des13 ignated shall, within 45 days of the submission of

14 such report or complaint, submit recommendations

15 to the Inspector General of such Department as to

16 whether the report or complaint warrants investiga17 tion by the Office of the Inspector General. After re18 viewing such recommendations, the Inspector Gen19 eral shall undertake any investigations (including an

20 audit, if appropriate) deemed to be warranted.

21 (4) DETERMINATIONS.—A determination of

22 whether a violation of subsection (b) of this section

23 has occurred shall be made after considering legiti24 mate bases for layoffs or terminations of employees

25 not subsidized under this Act within the same de-
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1 partment or budget function, such as a shortfall of

2 revenues compared with expenditures despite main3 tenance of local tax effort, or the requirements of

4 governmental reorganizations or productivity im5 provements affecting work not performed by such

6 subsidized employees.

7 (5) REVIEW BY SECRETARY.—Not later than 90

8 days after the report or complaint described in para9 graph (2) is submitted, the Inspector General’s find10 ings as to whether a failure to comply with section

11 301 and subsection (a) or (b) of this section has oc12 curred, shall be transmitted to the Secretary. The

13 Secretary shall, within 30 days after receiving the

14 Inspector General’s findings, issue a determination

15 as to whether a violation of section 301 or sub16 section (a) or (b) of this section has occurred, which

17 shall constitute the final determination of the Sec18 retary for purposes of chapters 5 and 7 of title 5,

19 United States Code.

20 (6) REPAYMENT REMEDY.—The Secretary shall

21 institute proceedings under section 303(b) for the

22 repayment of funds determined to have been ex23 pended in violation of section 301 or subsection (a)

24 or (b) of this section.

25 (e) LABOR ORGANIZATION.—
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1 (1) USE FOR ORGANIZING OR DETERRING

2 UNIONS PROHIBITED.—Each recipient of funds

3 under this Act shall provide to the Secretary assur4 ances that none of such funds will be used to assist,

5 promote or deter union organizing.

6 (2) CONSULTATION REQUIRED.—Where a labor

7 organization represents a substantial number of em8 ployees who are engaged in similar work or training

9 in the same area as that proposed to be funded

10 under this Act, an opportunity shall be provided for

11 such organization to submit comments with respect

12 to such proposal.

13 (f) DAVIS-BACON REQUIREMENTS.—

14 (1) PREVAILING WAGES REQUIRED.—All labor15 ers and mechanics employed by contractors or sub16 contractors in any construction, alteration, or repair,

17 including painting and decorating, of projects, build18 ings, and works which are federally assisted under

19 this Act, shall be paid wages at rates not less than

20 those prevailing on similar construction in the local21 ity as determined by the Secretary in accordance

22 with the Act of March 3, 1931 (commonly known as

23 the Davis-Bacon Act), as amended (40 U.S.C. 276a–

24 276a–5). The Secretary shall have with respect to

25 such labor standards, the authority and functions
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1 set forth in Reorganization Plan Numbered 14 of

2 1950 (15 FR 3176; 64 Stat. 1267) and section 2 of

3 the Act of June 1, 1934, as amended (48 Stat. 948,

4 as amended; 40 U.S.C. 276(c)).

5 (2) FUNDING REQUIRED.—Such rates are not

6 required to be paid to participants under this Act

7 unless they are employed in connection with projects

8 funded by this Act in whole or in part, exclusive of

9 wages and benefits, or projects covered by any other

10 statute requiring the payment of such Davis-Bacon

11 Act wage rates.

12 (g) DEFINITIONS.—For purposes of this section—

13 (1) information concerning numbers of employ14 ees shall be reported in a manner consistent with the

15 reporting of information (including the definitions of

16 terms) requested from governments by the Bureau

17 of the Census in the Survey of Government Employ18 ment for the 1982 Census of Governments, as au19 thorized in accordance with section 161 of title 13,

20 United States Code;

21 (2) the term ‘‘government’’ means a State, a

22 local unit of general purpose government, a public

23 agency, or a local educational agency; and

24 (3) the term ‘‘regular unsubsidized employee’’

25 means any employee whose wages are paid in whole
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1 or in part from non-Federal funds, but does not in2 clude any employee whose wages are paid in whole

3 or in part with funds made available under this Act.

4 SEC. 303. FISCAL CONTROLS; SANCTIONS.

5 (a) GAO REVIEW.—

6 (1) EVALUATION REQUIRED.—The Comptroller

7 General of the United States shall, on a selective

8 basis, evaluate the expenditures by the recipients

9 under this Act in order to assure that expenditures

10 are consistent with the provisions of this Act and to

11 determine the effectiveness of each recipient in ac12 complishing the purposes of this Act. The Comptrol13 ler General shall conduct the evaluations whenever

14 necessary and shall periodically (at least annually)

15 report to the Congress on the findings of such eval16 uations.

17 (2) IG RESPONSIBILITIES NOT AFFECTED.—

18 Nothing in this Act shall be deemed to relieve the

19 Inspector General of the Department of Labor or

20 the Inspector General of the Department of Edu21 cation of their responsibilities under the Inspector

22 General Act.

23 (3) ACCESS TO RECORDS.—For the purpose of

24 evaluating and reviewing programs established or

25 provided for by this Act, the Comptroller General
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1 shall have access to and the right to copy any books,

2 accounts, records, correspondence, or other docu3 ments pertinent to such programs that are in the

4 possession, custody, or control of any recipient of

5 funds under this Act, or any contractor or sub6 contractor of such recipients.

7 (b) REPAYMENT REQUIRED.—Every recipient shall

8 repay to the United States amounts found not to have

9 been expended in accordance with this Act. The Secretary

10 may offset such amounts against any other amount in

11 which the recipient is or may be entitled under this Act

12 unless he determines that such recipient should be held

13 liable pursuant to subsection (c). No such action shall be

14 taken except after notice and opportunity for a hearing

15 have been given to the recipient.

16 (c) PROCEDURE FOR REPAYMENT.—

17 (1) STANDARD FOR REPAYMENT.—Each recipi18 ent shall be liable to repay such amounts, from

19 funds other than funds received under this Act,

20 upon a determination that the misexpenditure of

21 funds was due to willful disregard of the require22 ments of this Act, gross negligence, or failure to ob23 serve accepted standards of administration. No such

24 finding shall be made except after notice and oppor25 tunity for a fair hearing.
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1 (2) DETERMINATION REQUIRED.—In determin2 ing whether to impose any sanction authorized by

3 this section against a recipient for violations by a

4 subcontractor of such recipient under this Act, the

5 Secretary shall first determine whether such recipi6 ent has adequately demonstrated that it has—

7 (A) established and adhered to an appro8 priate system for the award and monitoring of

9 contracts with subcontractors which contains

10 acceptable standards for ensuring accountabil11 ity;

12 (B) entered into a written contract with

13 such subcontractor which establishes clear goals

14 and obligations in unambiguous terms;

15 (C) acted with due diligence to monitor the

16 implementation of the contract, including the

17 carrying out of the appropriate monitoring ac18 tivities (including audits) at reasonable inter19 vals; and

20 (D) taken prompt and appropriate correc21 tive action upon becoming aware of any evi22 dence of a violation of this Act by such sub23 contractor.

24 (3) WAIVER PERMITTED.—If the Secretary de25 termines that the recipient has demonstrated sub-
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1 stantial compliance with the requirements of para2 graph (2), the Secretary may waive the imposition of

3 sanctions authorized by this section upon such recip4 ient. The Secretary is authorized to impose any

5 sanction consistent with the provision of this Act

6 and of any applicable Federal or State law directly

7 against any subcontractor for violation of this Act.

8 (d) EMERGENCY ACTIONS.—In emergency situations,

9 if the Secretary determines it is necessary to protect the

10 integrity of the funds or ensure the proper operation of

11 the program, the Secretary may immediately terminate or

12 suspend financial assistance, in whole or in part, if the

13 recipient is given prompt notice and the opportunity for

14 a subsequent hearing within 30 days after such termi15 nation or suspension. The Secretary shall not delegate any

16 of the functions or authority specified in this subsection,

17 other than to an officer whose appointment was required

18 to be made by and with the advice and consent of the Sen19 ate.

20 (e) DISCRIMINATION REMEDIES.—If the Secretary

21 determines that any recipient under this Act has dis22 charged or in any other manner discriminated against a

23 participant or against any individual in connection with

24 the administration of the program involved, or against any

25 individual because such individual has filed any compliant
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1 or instituted or caused to be instituted any proceeding

2 under or related to this Act, or has testified or is about

3 to testify in any such proceeding or investigation under

4 or related to this Act, or otherwise unlawfully denied to

5 any individual a benefit to which that individual is entitled

6 under the provisions of this Act, the Secretary shall, with7 in thirty days, take such action or order such corrective

8 measures, as necessary, with respect to the recipient or

9 the aggrieved individual, or both.

10 (f) ADDITIONAL REMEDIES.—The remedies under

11 this section shall not be construed to be exclusive rem12 edies.

13 (g) RECORDKEEPING. Recipients shall keep records

14 that are sufficient to permit the preparation of reports re15 quired by this Act and to permit the tracing of funds to

16 a level of expenditure adequate to insure that the funds

17 have not been spent unlawfully.

18 (h) INVESTIGATIONS.—

19 (1) CONDUCT AUTHORIZED.—In order to insure

20 compliance with the provisions of this Act, the

21 Comptroller General of the United States may con22 duct investigations of the use of funds received

23 under this Act by any recipient.

24 (2) USE OF EXISTING RECORDS.—In conduct25 ing any investigation under this Act, the Secretary
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1 or the Comptroller General of the United States may

2 not request the compilation of any new information

3 not readily available to such recipient.

4 SEC. 304. JUDICIAL REVIEW.

5 (a) REVIEW PERMITTED.—

6 (1) APPELLATE REVIEW.—With respect to any

7 corrective action or sanction imposed under section

8 303 by the Secretary, any party to a proceeding

9 which resulted in such action or sanction may obtain

10 review of such action or sanction in the United

11 States Court of Appeals having jurisdiction over the

12 applicant or recipient of funds, by filing a review pe13 tition within 30 days of the issuance of a final order.

14 (2) FILING OF RECORD.—The clerk of the court

15 shall transmit a copy of the review petition to the

16 Secretary who shall file the record upon which the

17 action or sanction was entered as provided in section

18 2112 of title 28, United States Code. Review peti19 tions, unless ordered by the court, shall not stay the

20 Secretary’s action or sanction. Petitions under this

21 Act shall be heard expeditiously, if possible within

22 ten days of the filing of a reply brief.

23 (b) JURISDICTION.—The court shall have jurisdiction

24 to make and enter a decree affirming, modifying, or set25 ting aside the action or sanction of the Secretary in whole
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1 or in part. The court’s judgment shall be final, subject

2 to certiorari review by the Supreme Court of the United

3 States as provided in section 1254(1) of title 28, United

4 States Code.

5 SEC. 305. DEFINITIONS.

6 (a) DEFINITIONS.—For the purposes of this Act—

7 (1) the term ‘‘economically disadvantaged’’

8 means an individual who—

9 (A) receives, or is a member of a family

10 which receives, cash welfare payments under a

11 Federal, State, or local welfare program;

12 (B) has, or is a member of a family which

13 has, received a total family income during the

14 6-month period prior to certification (exclusive

15 of unemployment compensation, child support

16 payments, and welfare payments) which, in re17 lation to family size, was not in excess of the

18 higher of (i) the poverty level determined in ac19 cordance with criteria established by the Direc20 tor of the Office of Management and Budget, or

21 (ii) 70 percent of the lower living standard in22 come level;

23 (C) receives, or is a member of a family

24 which receives, food stamps pursuant to the

25 Food Stamp Act of 1977;
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1 (D) is a foster child on behalf of whom

2 State or local government payments are made;

3 or

4 (E) is a handicapped individual whose own

5 income meets the requirements of clause (A) or

6 (B), but who is a member of a family whose in7 come does not meet such requirements;

8 (2) the term ‘‘institution of higher education’’

9 has the meaning provided under section 1201(a) of

10 the Higher Education Act of 1965;

11 (3) the term ‘‘local educational agency’’ has the

12 meaning provided in section 521(22) of the Carl D.

13 Perkins Vocational Education Act;

14 (4) the term ‘‘public library’’ has the meaning

15 provided under section 3 of the Library Services and

16 Construction Act;

17 (5) the term ‘‘recipient’’ means any eligible ad18 ministrative entity or State or local educational

19 agency receiving funds under an allotment for part

20 A of title II, and any State higher education build21 ing agency or institution of higher education receiv22 ing funds under an allotment for part B of such

23 title;
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1 (6) except as specifically provided elsewhere in

2 this Act, the term ‘‘Secretary’’ means the Secretary

3 of Labor, except that—

4 (A) for purposes of subtitle C of title II,

5 such term means the Secretary of Education;

6 and

7 (B) with respect to sections 302(h), 304,

8 and 305, such term means either the Secretary

9 of Labor or the Secretary of Education, which10 ever is appropriate;

11 (7) the term ‘‘State’’ means any of the 50

12 States, the District of Columbia, the Commonwealth

13 of the Northern Mariana Islands, the Common14 wealth of Puerto Rico, American Samoa, Guam, the

15 Virgin Islands of the United States, the Federated

16 States of Micronesia, the Republic of the Marshall

17 Islands, and Palau;

18 (8) the term ‘‘unemployed individuals’’ means

19 individuals aged sixteen or older who are without

20 jobs and who want or are available for work, as de21 termined in accordance with criteria used by the Bu22 reau of Labor Statistics of the Department of Labor

23 in defining individuals as unemployed, but such cri24 teria shall not be applied differently on account of

25 an individual’s previous employment; and
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1 (9) the term ‘‘unit of local government’’ means

2 any city, town, township, parish, or (except in Con3 necticut, Massachusetts, Rhode Island, and Ver4 mont) county which is a general purpose political

5 subdivision of a State that has the power to levy

6 taxes and spend funds, as well as general corporate

7 and police powers.

8 (b) USE OF DATA.—In making determinations for

9 purposes of this Act with respect to population, civilian

10 labor force, and unemployment, the Secretary shall use the

11 most satisfactory current data available on a seasonally

12 adjusted basis.

13 (c) COMPUTATIONS.—For the purposes of computa14 tions of the number of unemployed individuals in a State,

15 county, or eligible administrative entity, the Secretary

16 shall determine the average number of individuals who

17 were unemployed during the most recent 12 months pre18 ceding the determination for which satisfactory data is

19 available.

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