I

104TH CONGRESS

1ST SESSION H. R. 1405

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

APRIL 5, 1995

Mr. MARTINEZ (for himself, Mr. FATTAH, Mr. DELLUMS, Ms. WATERS, Mr.

CLAY, Mr. LEWIS of Georgia, Mr. ABERCROMBIE, Mr. OWENS, Mr.

SCOTT, Ms. ROYBAL-ALLARD, and Ms. VELA ́ZQUEZ) introduced the following bill; which was referred to the Committee on Economic and Educational Opportunities, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

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 1995’’.
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1 SEC. 2. FINDINGS.

2 Congress finds:

3 (a) That the investments made during the

4 1930s, 1940s, and 1950s in the infrastructure of the

5 United States through the Roosevelt public works

6 programs, the National Highway Act of President

7 Eisenhower, and other major efforts, led to the

8 greatest economic recovery and sustained level of

9 economic growth in the first 150 years of our Na10 tion’s existence.

11 (b) That the Nation’s infrastructure has suf12 fered greatly over the past three decades because of

13 the failure of the Federal Government to renew and

14 restore roads, bridges, public buildings, public lands

15 and other public assets.

16 (c) The lack of resources for the maintenance

17 of the infrastructure during this period has led to

18 the loss of both jobs and job skills in these vital

19 areas, with consequent increased unemployment and

20 a reduction in the quality of life for residents of af21 fected areas.

22 (d) There is a critical need to renew and restore

23 both the public buildings and other assets, and the

24 jobs and job skills needed to ensure that those assets

25 are available for use by future generations and for
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1 any defense needs the country may face in the fu2 ture.

3 (e) Policies at the Federal level have dem4 onstrated diminished concern for the infrastructure

5 needs of the communities of the Nation and a shift6 ing of the burden for maintenance and creation of

7 highways, bridges, mass transit, and other infra8 structure on to local governments, in addition to the

9 burden for local needs (such as public safety, edu10 cation, health, and public welfare) that those juris11 dictions bear, thereby stretching already shrinking

12 resources beyond the capabilities of those govern13 ments to address these needs.

14 (f) Federal incentives that are specifically

15 linked to the development of jobs, and renewal of

16 important job skills will help reverse the trend to

17 continued erosion of the Nation’s infrastructure.

18 (g) Economic growth rates and future efficiency

19 and competitiveness of the national economy will be

20 substantially enhanced by programs of Federal Gov21 ernment assistance to State and local governments

22 to construct and rehabilitate the Nation’s economic

23 infrastructure.

24 (h) Efforts to reform the welfare system are

25 based on the assumption that there will be jobs
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1 available in the public and private sectors for cur2 rent welfare recipients, and for non-custodial parents

3 whose responsibilities include providing support for

4 their children.

5 (i) absent a concentrated effort on the part of

6 the Federal Government to create career jobs that

7 provide a living wage, efforts to reform the welfare

8 system are doomed to failure.

9 (j) The creation of living wage jobs in conjunc10 tion with a large and sustained public works infra11 structure renewal program will reap significant re12 wards in direct tax payments at all levels of govern13 ment, increased economic expansion for the country,

14 and substantial reductions in the outlays for unem15 ployment support, welfare, Medicaid, and other gov16 ernment expenditures and will also lessen the burden

17 on government expenditures that result from lack of

18 employment for those at risk of entering a life of

19 crime.

20 TITLE I—DEPARTMENT OF COMMERCE

21 GRANTS

22 SEC. 101. DEFINITIONS.

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

24 apply:
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1 (1) SECRETARY.—The Term ‘‘Secretary’’

2 means the Secretary of Commerce, acting through

3 the Economic Development Administration.

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

5 government’’ means any city, county, town, parish

6 or other political subdivision of a State, and any In7 dian tribe.

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

9 includes water and sewer lines, streets and roads,

10 water and sewage treatment plants or facilities, port

11 facilities, police and fire stations, detention centers,

12 schools, health facilities, industrial research or devel13 opment parks, research facilities at institutions of

14 higher learning, and other projects the Secretary de15 termines to be appropriate.

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

17 several States, the District of Columbia, the Com18 monwealth of Puerto Rico, the Virgin Islands of the

19 United States, Guam, American Samoa, the Com20 monwealth of the Northern Marianas, and the Trust

21 Territory of the Pacific Islands.

22 SEC. 102. DIRECT GRANTS.

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

24 make grants to any State or local government for the con25 struction (including demolition and other site preparation
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1 activities), renovation, repair, restoration or other im2 provement of local public works projects, including those

3 public works projects of State and local governments for

4 which Federal financial assistance is authorized under

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

6 extent appropriate, the Secretary may coordinate with

7 other Federal agencies in assessing grant requests, and

8 in providing appropriate levels of support.

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

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

11 be no more than 90 percent of the cost of the project.

12 (c) TERMINATION OF GRANTS.—No new grants shall

13 be made pursuant to this section after the expiration of

14 any 3-consecutive month period during which the national

15 unemployment rate remained below 5 percent for each

16 such month, or after September 30, 1999, whichever first

17 occurs.

18 SEC. 103. ALLOCATION OF FUNDS; PREFERENCES.

19 (a) ALLOCATION OF FUNDS.—The Secretary shall al20 locate funds appropriated pursuant to section 9 of this

21 title as follows:

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

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

24 expended only for grants for public works projects

25 under this title to Indian tribes and Alaska Native
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1 villages. None of the remainder of such funds shall

2 be expended for such grants to such tribes and vil3 lages.

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

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

6 percent of such funds shall be allocated among the

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

8 unemployed persons in each State bears to the total

9 number of unemployed persons in all the States and

10 40 percent of such funds shall be allocated among

11 those States with an average unemployment rate for

12 the preceding 6-month period in excess of 6 percent

13 on the basis of the relative severity of unemployment

14 in each such State, except that no State shall be al15 located less than three-quarters of one percent or

16 more than twelve percent of such funds for local

17 public works projects within such State, except that

18 in the case of Guam, the Virgin Islands of the Unit19 ed States, American Samoa, the Commonwealth of

20 the Northern Mariana Islands, and the Trust Terri21 tory of the Pacific Islands, not less than one-half of

22 one percent in the aggregate shall be granted for

23 such projects in all five of such territories.

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

25 each State’s allocations shall be set aside and shall
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1 be expended only for grants for public works

2 projects under this title for local units of general

3 government with populations under 10,000.

4 (4) DEVELOPMENT AND ADMINISTRATION.—Up

5 to three-quarters of one percent of the total grant

6 award will be available for project development and

7 preparation, and for ongoing project administration.

8 This allocation shall be available for local units of

9 government defined as nonentitlement under the

10 Housing and Urban Development Community Devel11 opment Block Grant Program. Such allocation shall

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

13 (b) PREFERENCES.—

14 (1) LOCAL GOVERNMENT PROJECTS.—In mak15 ing grants under this title, the Secretary shall give

16 priority to public works projects of local govern17 ments that will employ residents of such grantees

18 who are experienced, apprentice or novice workers in

19 construction activities.

20 (2) LOCALLY ENDORSED PROJECTS.—In mak21 ing grants under this title, the Secretary shall also

22 give priority to any public works projects requested

23 by a State or by a special purpose unit of local gov24 ernment which is endorsed by a general purpose

25 local government within such State.
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1 (3) SCHOOL DISTRICT PROJECTS.—A project

2 requested by a school district shall be accorded the

3 full priority and preference to public works projects

4 of local governments provided in this subsection.

5 (4) APPLIED INDUSTRIAL RESEARCH

6 PROJECTS.—A project that creates or adds to an ap7 plied research facility at an institution of higher

8 education, and that facility is intended to promote

9 the development of new products and processes, or

10 that the Secretary determines will improve the com11 petitiveness of American industry shall be accorded

12 full priority and preference. For projects under this

13 section, matching funds requirements shall be

14 waived if the company or companies and school in15 volved commit, in the Secretary’s determination, to

16 undertake all future equipment and maintenance ex17 penses.

18 (c) HIGH UNEMPLOYMENT RATES.—

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

20 title, if for the 12 most recent consecutive months

21 the average national unemployment rate in the con22 struction trades is equal to or exceeds 8 percent, the

23 Secretary shall—

24 (A) expedite and give priority to applica25 tions submitted by States or local governments
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1 having unemployment rates for the 12 most re2 cent consecutive months in excess of the na3 tional unemployment rate in the construction

4 trades, and

5 (B) shall give priority thereafter to appli6 cations submitted by States or local govern7 ments having average unemployment rates for

8 construction trades for the 12 most recent con9 secutive months in excess of 6 percent, but less

10 than the national unemployment rate.

11 (2) INFORMATION REGARDING UNEMPLOYMENT

12 RATES.—Information regarding unemployment rates

13 may be furnished either by the Federal Government,

14 or by States or local governments, provided the Sec15 retary—

16 (A) determines that the unemployment

17 rates furnished by States or local governments

18 are accurate, and

19 (B) shall provide assistance to States or

20 local governments in the calculation of such

21 rates to assure validity and standardization.

22 (3) LIMITATION ON APPLICABILITY.—Para23 graph (1) of this subsection shall not apply to any

24 State which receives a minimum allocation pursuant

25 to paragraph (2) of subsection (a) of this section.
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1 (d) STATE AND LOCAL PRIORITIZATION OF APPLICA2 TIONS.—Whenever a State or local government submits

3 applications for grants under this title for 2 or more

4 projects, such State or local government shall submit as

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

6 (e) LOCALIZATION OF UNEMPLOYMENT DETERMINA7 TIONS.—The local unemployment rate of construction

8 trades workers may, for purposes of this title, and upon

9 request of the applicant, be based upon the unemployment

10 rate of any community or neighborhood (defined without

11 regard to political or other subdivisions or boundaries)

12 within the jurisdiction of such local government.

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

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

15 than 30 days after the date of enactment of this title, pre16 scribe those rules, regulations, and procedures (including

17 application forms) necessary to carry out this Act. Such

18 rules, regulations, and procedures shall assure that ade19 quate consideration is given to the relative needs of var20 ious sections of the country. The Secretary shall consider

21 among other factors—

22 (1) the severity and duration of unemployment

23 in proposed project areas,

24 (2) the income levels and extent of

25 underemployment in proposed project areas,
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1 (3) the extent to which proposed project areas

2 will contribute to increased employment in the con3 struction trades and future economic growth, and

4 (4) the needs of proposed project areas to re5 cover from natural or other disaster which has af6 fected the infrastructure of such area.

7 (b) CONSIDERATION OF APPLICATIONS.—The Sec8 retary shall make a final determination with respect to

9 each application for a grant submitted under this title not

10 later than the 60th day after the date the Secretary re11 ceives such application.

12 (c) CONSIDERATION OF CONSTRUCTION INDUSTRY

13 EMPLOYMENT.—For purposes of this section, in consider14 ing the extent of unemployment or underemployment, the

15 Secretary shall consider the amount of unemployment or

16 underemployment in the construction and construction-re17 lated industries.

18 SEC. 105. GENERAL LIMITATIONS.

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

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

21 acquisition of any interest in real property.

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

23 shall be construed to authorize the payment of routine

24 scheduled maintenance costs in connection with any
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1 projects constructed (in whole or in part) with Federal fi2 nancial assistance under this title.

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

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

5 the applicant gives satisfactory assurances, in such man6 ner and form as may be required by the Secretary and

7 in accordance with such terms and conditions as the Sec8 retary may prescribe, that, if funds are available, on-site

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

10 (d) CONTRACTING.—

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

12 the construction (including demolition and other site

13 preparation activities), renovation, restoration, re14 pair, or other improvement of any public works

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

16 shall be performed directly by any department, agen17 cy, or instrumentality of any State or local govern18 ment.

19 (2) COMPETITIVE BIDDING.—Construction of

20 each project for which a grant is made under this

21 title shall be performed by contract awarded by com22 petitive bidding, unless the Secretary shall affirma23 tively find that, under the circumstances relating to

24 such project, an alternative method is in the public

25 interest.
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1 (3) LOWEST RESPONSIVE BID.—Contracts for

2 the construction of each project for which a grant is

3 made under this title shall be awarded only on the

4 basis of the lowest responsive bid submitted by a

5 bidder meeting the established criteria of responsibil6 ity, subject to subsection (c) of this section.

7 (4) ADVERTISING.—No requirement or obliga8 tion shall be imposed as a condition precedent to the

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

10 which a grant is made under this title, or to the Sec11 retary’s concurrence in the award of a contract to

12 such bidder, unless such requirement or obligation is

13 otherwise lawful and is specifically set forth in the

14 advertised specifications or in this title.

15 (e) ENVIRONMENTAL SAFEGUARDS.—All local public

16 works projects carried out with Federal financial assist17 ance under this title shall comply with all relevant Federal,

18 State and local environmental laws and regulations.

19 (f) BUY AMERICAN.—If a local public works project

20 carried out with Federal financial assistance under this

21 title would be eligible for Federal financial assistance

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

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

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

25 America Act, or similar requirements, such project shall
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1 be subject to such title of such Act of March 3, 1933,

2 or such similar requirements under this Act in the same

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

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

5 similar requirements under such other provisions of law.

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

7 works project carried out with Federal financial assistance

8 under this title would be eligible for Federal financial as9 sistance under provisions of law other than this Act and,

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

11 minority participation requirement, such project shall be

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

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

14 subject to such requirement under such other provisions

15 of law.

16 (h) APPLICABILITY OF LAWS REGARDING INDIVID17 UALS WITH DISABILITIES.—Sections 504 and 505 of the

18 Rehabilitation Act of 1973 and the Americans With Dis19 abilities Act of 1990 shall apply to local public works

20 projects carried out under this title.

21 SEC. 106. FUNDING.

22 There is authorized to be appropriated

23 $25,000,000,000 for fiscal years 1995, 1996, and 1997

24 to carry out this title. Moneys appropriated pursuant to

25 this authorization shall remain available until expended.
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1 Any amounts made available under this title for fiscal year

2 1995 shall be deemed to be emergency spending under sec3 tion 251(b)(2)(D) of the Balanced Budget and Emergency

4 Deficit Control Act of 1985.

5 TITLE II—PUBLIC WORKS AND JOB

6 RESTORATION

7 Subtitle A—Jobs 2000

8 SEC. 201. SHORT TITLE.

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

10 1995’’.

11 SEC. 202. PURPOSE.

12 It is the purpose of this subtitle to develop and pro13 vide useful and productive opportunities for unemployed

14 and underemployed people, especially young people,

15 through payments for labor and related costs associated

16 with the construction, repair or rehabilitation of essential

17 community and educational facilities; with the reclama18 tion, improvement and conservation of public lands; and

19 with the creation, repair, rehabilitation and restoration of

20 public safety, public transportation, health, social services

21 and recreation facilities and other activities necessary to

22 the public welfare.

23 SEC. 203. ELIGIBLE PARTICIPANTS.

24 (a) GENERAL ELIGIBILITY REQUIREMENTS.—An in25 dividual shall be eligible to participate in a program,
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1 project or activity receiving funds under this subtitle only

2 if such individual—

3 (1) is a resident or citizen of the United States,

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

5 enrollment, and

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

7 immediately preceding the date of such enrollment,

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

9 section and section 222.

10 Individuals may be certified for purposes of this section

11 in accordance with procedures agreed to by the eligible ad12 ministrative entity and established in regulations estab13 lished by the Secretary.

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

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

16 funds made available under this subtitle in excess of 52

17 weeks in any 2-year period, in accordance with the follow18 ing subsidy schedule—

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

20 may be subsidized for the first 26 weeks,

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

22 may be subsidized for the next 13 weeks, and

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

24 may be subsidized for the next 13 weeks.
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1 (c) PRIORITY FOR PARTICIPATION.—In the selection

2 of participants for activities under this subtitle, priority

3 shall be given to individuals who—

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

5 are otherwise not eligible for unemployment benefits,

6 particularly—

7 (A) those individuals who have been unem8 ployed for the longest periods of time preceding

9 the date of their selection,

10 (B) those residing in households in which

11 no other member is employed on a full-time

12 basis,

13 (C) those individuals who are or were

14 qualified participants in a Trade Adjustment

15 Act program or other Federal program provid16 ing job reemployment assistance due to base

17 closure, factory closure or other job loss due to

18 economic factors, and

19 (D) those young people who are unem20 ployed and who reside in communities with the

21 highest levels of unemployment or

22 underemployment; and

23 (2) (except for individuals described in subpara24 graph (D)) have been employed within the past 2
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1 years by the employer that is providing the sub2 sidized job position.

3 (d) SPECIAL CONSIDERATION FOR WELFARE RECIPI4 ENTS.—Entities receiving funds under this subtitle shall

5 give special consideration to applicants who are—

6 (1) custodial parents of children who are recipi7 ents of assistance under title IV of the Social Secu8 rity Act, and

9 (2) noncustodial parents of nondependent chil10 dren who are recipients of assistance under title IV

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

12 agree in writing to the withholding of an appropriate

13 portion of their wages to be applied to the support

14 of said children under any child support order.

15 (e) SPECIAL CONSIDERATION FOR VETERANS.—With

16 regard to services to veterans provided under section

17 210(a)(3)(O), special consideration in selecting partici18 pants for employment in such activities should be given

19 to veterans who otherwise meet the eligibility requirements

20 in this section.

21 (f) EQUAL EMPLOYMENT OPPORTUNITIES.—In cer22 tifying eligible participants under subsection (a) and in re23 ferring them for employment to recipients under subtitles

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

25 ensuring equal employment opportunities and the full par-
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1 ticipation of traditionally underrepresented groups, includ2 ing women and racial and ethnic minorities, in employ3 ment provided with funds made available under this sub4 title. Each recipient of funds under subtitle B or C shall

5 be responsible for ensuring such opportunities and full

6 participation in the selection of eligible participants for

7 such employment.

8 SEC. 204. LIMITATION ON USE OF FUNDS.

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

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

11 recipient under subtitles B and C from funds appropriated

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

13 related employment benefits to eligible participants for

14 work which the recipient certifies has been performed in

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

16 (b) LIMITATION ON ADMINISTRATIVE COSTS.—Not

17 more than 10 percent of the funds provided to any recipi18 ent under subtitle B or C from funds appropriated for any

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

20 (c) ACQUISITION OF TOOLS, EQUIPMENT, AND MA21 TERIALS.—The remainder of the funds provided to any

22 recipient under subtitle B or C from funds appropriated

23 for and fiscal year (after compliance with subsection (a)

24 and deduction of costs of administration permitted by sub25 section (b)) may be used for the acquisition of supplies,
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1 tools, equipment, and other materials directly related to

2 the purpose for which the funds were provided.

3 (d) USE OF OTHER FUNDS.—

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

5 this Act shall be construed to preclude or limit the

6 payment of the costs of administration or the costs

7 of supplies, tools, equipment, or other materials di8 rectly related to the project or program being fund9 ed, either in whole or in part, from non-Federal

10 sources or from Federal sources other than this Act,

11 such as section 106 of the Housing and Community

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

13 (2) BUY AMERICA REQUIREMENT.—In designat14 ing projects under this Act, the recipient shall, to

15 the extent feasible, ensure that supplies, tools, equip16 ment, or other materials purchased or procured (in

17 accordance with paragraph (1)) have been manufac18 tured, mined, or produced in the United States, un19 less such supply, tool, equipment, or material is not

20 available in reasonable quantity and quality as re21 quired to fulfill the needs of such project or activity.

22 (e) TRAINING COST EXCEPTION.—Notwithstanding

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

24 used for costs associated with training and related support

25 for a number of participants if—
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1 (1) employers have made commitments to fill

2 an equal number of unsubsidized jobs with partici3 pants who have successfully completed such training;

4 (2) the recipient has entered into an agreement

5 for the provision of such training to participants

6 with one or more of the following: an Apprenticeship

7 Training program which is certified by the Depart8 ment of Labor for the construction industry and

9 meets Federal standards for apprenticeship training;

10 an administrative entity designated under section

11 103(b)(1)(B) of the Job Training Partnership Act

12 (29 U.S.C. 1513(b)(1)(B)), a local educational agen13 cy, a vocational education school, an institution of

14 higher education, a community-based organization, a

15 community action agency, a community development

16 corporation, or other qualified public or private non17 profit provider of training services; and

18 (3) the costs associated with providing such

19 training and related support to any participant from

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

21 weekly basis, the maximum wage which may be paid

22 with funds available under this Act in accordance

23 with section 301(g)(2).

24 Apprenticeship training shall be included in the Project

25 Agreements negotiated with the Building Trades Councils
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1 as outlined in section 105(d)(2) of this Act. Minority par2 ticipation requirements as specified in this Act shall be

3 applied to such Project Agreements.

4 (f) SALARY LIMITATION.—Funds available for the

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

6 be used to pay salaries or wages to administrative or su7 pervisory employees—

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

9 salaries or wages paid to employees performing com10 parable functions for the same employer, or

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

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

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

14 employees of the Federal Government.

15 Subtitle B—Employment in Support of

16 Community Renewal

17 PART A—COMMUNITY IMPROVEMENT PROJECTS

18 SEC. 210. EMPLOYMENT IN COMMUNITY IMPROVEMENT

19 PROJECTS.

20 (a) QUALIFIED ACTIVITIES.—Eligible participants

21 shall be employed in community improvement projects

22 under this subtitle in one or more of the following activi23 ties:

24 (1) Repair, rehabilitation, or improvement of

25 public facilities, including—
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1 (A) street, highway or road repair,

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

3 pedestrian overpasses or underpasses,

4 (C) rehabilitation or repair of community

5 facilities such as public libraries or other public

6 buildings,

7 (D) rehabilitation, repair and moderniza8 tion of public housing,

9 (E) water development projects and repair

10 of water systems,

11 (F) repair and rehabilitation of public

12 mass transit systems,

13 (G) erecting and replacing school crossing,

14 intersection and other road surface or sign

15 markings and removing road or public sidewalk

16 obstructions,

17 (H) rehabilitation of public playgrounds

18 and parks,

19 (I) installation and repair of drainage

20 pipes, catch basins or other portions of control

21 of potential flooding,

22 (J) installation of graded ramps and as23 sistance devices such as handrails for the handi24 capped, and
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1 (K) weatherization and other energy con2 servation activities.

3 (2) Activities to conserve, restore, rehabilitate

4 or improve public lands, including—

5 (A) erosion, fire, flood, drought, earth6 quake, and storm damage prevention, assist7 ance, and control,

8 (B) removal of refuse and hazardous mate9 rials from drainage ditches, illegal dumping

10 sites, and other public areas,

11 (C) stream, lake and waterfront harbor

12 and port improvement and pollution control,

13 (D) nursery, forestry and silvicultural op14 erations,

15 (E) reclamation activities on public lands

16 that have been stripmined or subjected to other

17 mineral extraction activities,

18 (F) fish culture and habitat maintenance

19 and improvement and other fishery assistance,

20 (G) rehabilitation, improvement and con21 servation of rangelands,

22 (H) urban revitalization and historical and

23 cultural site preservation,

24 (J) road and trail maintenance and im25 provement,
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1 (K) improvement and reuse of abandoned

2 railroad bed and right-of-way, and

3 (L) renewable resource enhancement, en4 ergy conservation projects and recovery of bio5 mass.

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

7 other activities necessary to the public welfare, in8 cluding—

9 (A) fire hazard inspection and repair, and

10 repairing or replacing fire hydrants,

11 (B) emergency food and shelter activities,

12 (C) child and dependent care activities de13 signed to enable parents to become fully em14 ployed,

15 (D) assisting in nutrition programs for

16 children, the elderly and the disabled,

17 (E) other services, for the elderly or dis18 abled, including meals on wheels, inhome serv19 ices, and respite care,

20 (F) disaster relief efforts to assist victims,

21 (G) upgrading personal and residential se22 curity for elderly and low-income residents of

23 public or publicly assisted housing,

24 (H) public health services, including assist25 ance in community health centers,
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1 (I) emergency medical and rescue services,

2 (J) drug and alcohol abuse programs,

3 (K) domestic violence programs, including

4 prevention of child abuse,

5 (L) education and training assistance, in6 cluding family literacy, English as a second lan7 guage, basic skills education, remedial tutoring,

8 and occupational skills training,

9 (M) assisting public library programs, in10 cluding library aides programs and book mo11 biles,

12 (N) employment counselling, homelessness

13 prevention and other services to veterans,

14 (O) security guards for public schools and

15 public housing projects,

16 (P) police support such as dispatchers,

17 neighborhood watch, and traffic control to free

18 police officers for full time street duty,

19 (Q) staff support for juvenile and adult

20 correctional facilities,

21 (R) rodent and insect control activities,

22 (S) hazardous materials surveys, and

23 (T) unemployment counselling and job

24 placement services.
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1 (b) JOINT PROGRAMS AUTHORIZED.—Nothing in

2 this subtitle shall be construed to preclude such activities

3 from being conducted in conjunction with programs fund4 ed from sources other than under this subtitle.

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

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

7 or group of related tasks which—

8 (1) will be carried out by a government depart9 ment, public or quasi-public agency, private non10 profit organization or private contractor, including

11 those carried out in conjunction with local Building

12 Trades Councils (as described in section 204(e)(2)),

13 (2) if a program designed to create or modify,

14 repair, rehabiltate or restore, buildings or other tan15 gible property, will be completed within 24 months,

16 (3) is an activity authorized under this section

17 or section 231(b),

18 (4) will result in a specific product or accom19 plishment,

20 (5) would not otherwise be conducted with ex21 isting funds, and

22 (6) will meet the priorities established in section

23 214.

24 (d) PUBLIC LANDS PROJECTS LIMITATIONS.—
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1 (1) BENEFITS AND REIMBURSEMENT.—Projects

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

3 limited to projects on public lands or Indian lands

4 except where a project involving other lands will pro5 vide a documented public benefit and reimbursement

6 will be provided to the recipient for that portion of

7 the total cost of the project which does not provide

8 a public benefit. Notwithstanding any other provi9 sion of law, any reimbursement referred to in the

10 preceding sentence shall be retained by the recipient

11 and shall be used by the recipient for purposes of

12 carrying out other projects under this subtitle.

13 (2) CONSISTENCY WITH LAWS AND POLICIES.—

14 All projects carried out under this Act for conserva15 tion, rehabilitation, restoration, or improvement of

16 any public lands or Indian lands shall be consistent

17 with the provisions of law and policies relating to the

18 management and administration of such lands, with

19 all other applicable provisions of law, and with all

20 management, operational, and other plans and docu21 ments which govern the administration of the area.

22 SEC. 211. ELIGIBLE ADMINISTRATIVE ENTITIES.

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

24 this section, an eligible administrative entity under this

25 title shall be an administrative entity under section
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1 103(b)(1)(B) of the Job Training Partnership Act (29

2 U.S.C. 1513(b)(1)(B)) that serves one or more eligible ju3 risdictions.

4 (b) ELIGIBLE JURISDICTION.—An eligible jurisdic5 tion under this subtitle is an area which has an unemploy6 ment rate in excess of 6 percent and which is—

7 (1) a unit of general local government which

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

9 (2) a consortium of contiguous units of general

10 local government which includes—

11 (A) two or more municipal governments at

12 least one of which is an eligible jurisdiction

13 under paragraph (1);

14 (B) a combination of one or more such

15 municipal governments and one or more county

16 governments (or equivalents); or

17 (C) two or more county governments (or

18 equivalents) at least one of which is an eligible

19 jurisdiction under paragraph (1);

20 (3) a contiguous group of census tracts that

21 constitutes an area of substantial unemployment (as

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

23 within an area that is an eligible jurisdiction under

24 paragraph (1) or (2); or
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1 (4) any Native American Indian Tribe, band, or

2 group on a Federal or State reservation, the Okla3 homa Indians, and any Alaska Native village or

4 group as defined in the Alaska Native Claims Settle5 ment Act, having a governing body.

6 (c) QUALIFICATION OF ADMINISTRATIVE ENTI7 TIES.—

8 (1) IN GENERAL.—An administrative entity

9 that serves an eligible jurisdiction shall qualify as an

10 eligible administrative entity for that eligible juris11 diction by filing, within 30 days of the allotment of

12 funds to such area under section 212, a statement

13 in accordance with section 213 with respect to the

14 use of such allotment. If no such administrative en15 tity files such a statement within such 30 days, the

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

17 statement, qualify another administrative entity

18 within the same State to serve that jurisdiction.

19 (2) PRESERVATION OF LOCAL SERVICE.—A

20 larger unit of general local government (determined

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

22 eligible administrative entity to serve the population

23 of any geographic area within the jurisdiction of any

24 smaller unit of general local government (determined

25 on the basis of population) if the latter such unit is
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1 or is part of an eligible administrative entity that

2 has filed a statement under section 213 with respect

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

4 area.

5 SEC. 212. ALLOTMENT OF FUNDS.

6 (a) NATIVE AMERICAN ALLOTMENT.—

7 (1) FUNDS RESERVED.—From the amount

8 available for purposes of this title for any fiscal year

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

10 the Secretary shall reserve 2 percent for allotments

11 among Native American eligible jurisdictions de12 scribed in section 211(b)(4) in accordance with para13 graph (2).

14 (2) ALLOTMENTS.—The amounts which are re15 quired by paragraph (1) to be allotted in accordance

16 with this paragraph among Native American eligible

17 jurisdictions shall be allotted among such jurisdic18 tions on an equitable basis, taking into account the

19 extent to which regular employment opportunities

20 have been lacking for long-term periods among indi21 viduals within the jurisdiction of such entities.

22 (b) GENERAL ALLOTMENTS.—

23 (1) RESERVATION.—The remainder of the

24 amount available for this subtitle for any fiscal year

25 (after making the allotment required by subsection
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1 (a)) shall be allotted by the Secretary to the States

2 for allocation to eligible jurisdictions within each

3 State. Each State shall allocate to the eligible juris4 dictions within the State such amounts as deter5 mined by the Secretary pursuant to the formula con6 tained in paragraph (2).

7 (2) FORMULA.—Of the amounts allotted to eli8 gible jurisdictions for this part of each fiscal year—

(A) 331 9 ⁄3 percent shall be allotted on the

10 basis of the relative number of unemployed in11 dividuals residing in areas of substantial unem12 ployment within each eligible jurisdiction as

13 compared to the total number of such unem14 ployed individuals in all eligible jurisdictions in

15 all States;

(B) 662 16 ⁄3 percent shall be allotted on the

17 basis of the relative number of unemployed in18 dividuals residing within each eligible jurisdic19 tion as compared to the total number of unem20 ployed individuals residing in all eligible juris21 dictions in all States.

22 (3) LIMITATIONS ON FORMULA.—The total al23 lotment for all eligible jurisdictions within any one

24 State shall not be less than one-quarter of 1 percent
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1 of the total allotted to all eligible jurisdictions in all

2 States.

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

4 (1) The term ‘‘area of substantial unemploy5 ment’’ means any area of sufficient size and scope

6 to sustain a program under this subtitle and which

7 has an average rate of unemployment of at least 6.0

8 percent for the most recent 12 months as deter9 mined by the Secretary. Determinations of areas of

10 substantial unemployment shall be made once each

11 fiscal year.

12 (2) The term ‘‘excess number’’ means the num13 ber which represents the number of unemployed in14 dividuals in excess of 4.5 percent of the civilian labor

15 force in the service delivery area, or the number

16 which represents the number of unemployed individ17 uals in excess of 4.5 percent of the civilian labor

18 force in areas of substantial unemployment in such

19 service delivery area.

20 SEC. 213. REQUIREMENTS FOR RECEIPT OF ALLOTMENT.

21 (a) SUBMISSION OF STATEMENT.—

22 (1) CONTENTS OF STATEMENT.—Each eligible

23 administrative entity which desires to receive its al24 lotment under section 212 shall, within 30 days
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1 after receiving notice of such allotment, submit to

2 the Secretary a statement—

3 (A) designating a fiscal agent for the re4 ceipt of payments from such allotment;

5 (B) agreeing to use funds only in accord6 ance with the provisions of this Act;

7 (C) agreeing to use such funds for projects

8 or activities under subpart A, B, and C of this

9 subtitle and for which, to the maximum extent

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

11 of receipt of funds under this subtitle; and

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

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

15 after the final day for the submission of statements

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

17 the basis of only those eligible administrative entities

18 submitting such statements, make a final allotment

19 of funds in accordance with section 212, and shall

20 notify each such eligible administrative entity of the

21 amount of its final allotment.

22 (b) PAYMENT OF ALLOTMENTS.—

23 (1) PROSPECTIVE RULE.—For fiscal years be24 ginning after the date of enactment of this Act, the

25 Secretary shall pay to each eligible administrative
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1 entity which has filed a statement in accordance

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

3 Such payments shall be made in equal installments

4 not later that 5 days after the beginning of each

5 quarter for which funds are available.

6 (2) PREVIOUS FISCAL YEAR PAYMENTS.—For

7 any fiscal year which began prior to the date of en8 actment of this Act, the Secretary shall, not later

9 than 30 days after the final allotment of funds for

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

11 eligible administrative entity which has filed a state12 ment the total amount of such allotment.

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

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

15 administrative entity which has, during such quarter, ex16 pended funds made available under this subtitle (in that

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

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

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

20 funds, including—

21 (A) the nature of the employment activity,

22 (B) the wage rates paid, and

23 (C) the duration of employment;

24 (2) contain adequate data to evaluate the char25 acteristics of participants in programs under this
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1 subtitle, including the sex, race, age, handicapped

2 status, and veteran status of participants; and

3 (3) contain such other information as the Sec4 retary may specifically request in order to ascertain

5 whether such entity has used such funds in accord6 ance with the requirements of this Act.

7 (d) WITHHOLDING SUBJECT TO PROCEDURES.—The

8 Secretary may not withhold, suspend, or terminate the

9 payment of any installment of an allotment except in ac10 cordance with section 303.

11 SEC. 214. PROJECT DESIGN.

12 (a) PRIORITY.—In designing projects under this sub13 title, the eligible administrative entity shall give priority

14 to projects on the basis of—

15 (1) the severity and duration of unemployment

16 within localities in the area of the eligible adminis17 trative entity,

18 (2) the degree to which project activities will

19 lead to the expansion of unsubsidized employment

20 opportunities in the private sector,

21 (3) the level of need which exists for the activi22 ties and services to be provided,

23 (4) the extent to which the activities will pro24 vide long-term benefits to the public,
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1 (5) the extent to which the activities will instill

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

3 public service,

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

5 intensive, and

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

7 planned and initiated promptly.

8 (b) COORDINATION.—To the extent feasible, employ9 ment opportunities established with funds made available

10 under this subtitle shall be coordinated with other Federal,

11 State, and local activities, including vocational and adult

12 education, job training provided with funds available

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

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

15 receiving funds available under section 106 of the Housing

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

17 5306), and other Federal laws.

18 PART B—COMMUNITY IMPROVEMENT AND

19 RENEWAL ACTIVITIES FOR YOUTH TRAINEES

20 SEC. 221. YOUTH TRAINEE ACTIVITIES.

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

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

23 and benefits from such funds for part-time employment

24 not in excess of 32 hours per week. Such part-time em25 ployment may be in any activity described in section 310
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1 or may be at a work site operated by a public or private

2 nonprofit agency or organization or by an employer orga3 nized for profit, but shall be provided in a manner which

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

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

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

7 training or employability development, including a pro8 gram operated pursuant to the Family Support Act. Such

9 enrollment shall be for a minimum of 8 hours per week.

10 (b) JOINT PROJECTS AUTHORIZED.—In meeting the

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

12 for such purpose may be used in activities which also re13 ceive funds under the Job Training Partnership Act (in14 cluding Job Corps), the Carl D. Perkins Vocational Edu15 cation Act, the Family Support Act’s Job Opportunities

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

17 or private education or training programs.

18 SEC. 222. ELIGIBLE YOUTH.

19 (a) EXEMPTION FROM UNEMPLOYMENT DURATION

20 REQUIREMENTS.—Notwithstanding section 203(a)(2) re21 garding the duration of unemployment—

22 (1) any youth aged 16 through 19,

23 (2) any youth aged 16 through 24 who is the

24 parent of a dependent non-custodial child, and who

25 executes an agreement of support and an authoriza-
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1 tion for the withholding or a portion of the wages

2 from such activity for use in supporting such de3 pendent child, and

4 (3) who is currently unemployed shall be eligi5 ble to be a participant in activities conducted under

6 this part.

7 (b) PRIORITY.—In selecting such participants, an eli8 gible administrative shall, notwithstanding section 203(c),

9 give priority to individuals who are economically disadvan10 taged. Among such individuals, eligible school dropouts

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

12 subsection, a school dropout is an individual who is not

13 attending any school and has not received a secondary

14 school diploma or certificate of high school equivalency.

15 PART C—STATE JOB PROGRAMS

16 SEC. 231. FINANCIAL ASSISTANCE FOR STATE JOB PRO17 GRAMS.

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

19 sums allotted to each State under section 204 shall be

20 available for purposes of this part.

21 (b) USE OF FUNDS.—The sums available under sub22 section (a) shall be used for employment of eligible partici23 pants under this subtitle—
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1 (1) through State-administered programs and

2 activities authorized under section 201, such as

3 those in—

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

5 conservation programs (including rangeland re6 habilitation and improvement and beach front

7 erosion rehabilitation and repair),

8 (B) State hospitals and other institutions

9 and facilities providing health care,

10 (C) State correctional institutions and pro11 grams, including juvenile facilities, and

12 (D) State administered social service pro13 grams (including State-sponsored preschool and

14 child care programs);

15 (2) through special assistance (in conjunction,

16 as appropriate, with eligible administrative entities

17 under subtitle B) for areas which have experienced

18 sudden or severe economic dislocations, including

19 large scale losses of jobs caused by the closing of fa20 cilities (including defense-related facilities) or mass

21 layoffs;

22 (3) through State-directed emergency aid pro23 grams to cope with natural disasters, including ero24 sion, flood, drought, and storm damage assistance

25 and control activities; and
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1 (4) through special assistance to seasonal farm2 workers and small farmers in rural, agricultural

3 areas which have experienced substantial losses of

4 jobs due to the rising numbers of farm mortgage

5 foreclosures and other severe economic disruption (in

6 conjunction, as appropriate, with eligible administra7 tive entities under subtitle B or with related pro8 grams under the Job Training Partnership Act (29

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

10 (c) PROGRAM AND ACTIVITY SELECTION AND DE11 SIGN.—In determining the programs and activities to re12 ceive funds allotted under subsection (a), the State shall

13 give first priority to the establishment of those programs

14 and activities which will provide job sites—

15 (1) within jurisdictions defined in section 204,

16 or

17 (2) only after such priority is met in the State,

18 within areas in the State in which the rate of unem19 ployment is the highest.

20 In designing projects under this section, the State shall

21 evaluate projects on the basis of the severity and duration

22 of unemployment within localities in the State and the

23 level of need which exists for the activities and services

24 to be provided.
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1 (d) STATEMENT REQUIRED.—Each State which de2 sires to expend funds under this part shall, within 30 days

3 after receiving notice of such allotment, submit to the Sec4 retary a statement—

5 (1) agreeing to use such funds only in accord6 ance with the provisions of this Act; and

7 (2) agreeing to provide each of the quarterly re8 ports required by subsection (e).

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

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

11 has, during such quarter, expended funds made available

12 under this part (in that or a preceding quarter) shall sub13 mit to the Secretary a report on the use of such funds.

14 Such report shall—

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

16 funds including—

17 (A) the nature of the employment activity,

18 (B) the wage rates paid, and

19 (C) the duration of employment;

20 (2) contain adequate data to evaluate the char21 acteristics of participants in programs under this

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

23 and veteran status of participants; and

24 (3) contain such other information as the Sec25 retary may specifically request in order to ascertain
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1 whether the State has used such funds in accordance

2 with the requirements of this Act.

3 Subtitle C—Employment Activities—Repair

4 and Renovation of Educational Facilities

5 PART A—ELEMENTARY AND SECONDARY

6 SCHOOL FACILITY IMPROVEMENT JOBS

7 SEC. 241. SCHOOL FACILITY REPAIR AND RENOVATION

8 PROJECTS.

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

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

11 eligible local education agency in an eligible jurisdiction

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

13 and activities (in accordance with the limitation on use

14 of funds set forth in section 204) providing employment

15 to eligible participants (qualifying under section 203) in

16 work on the repair, renovation, restoration or rehabilita17 tion of the public school facilities of such agency.

18 (b) USE OF QUICK-START PROJECTS.—To the maxi19 mum extent feasible, funds made available under this part

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

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

22 this part.

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

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

25 local procedures—
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1 (1) for assisting State and local educational

2 agencies in bringing their public school facilities into

3 conformity with the requirements of—

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

5 known as the Architectural Barriers Act of

6 1968,

7 (B) section 504 of the Rehabilitation Act

8 of 1973,

9 (C) the Americans with Disabilities Act,

10 and

11 (D) environmental protection or health and

12 safety programs mandated by Federal, State, or

13 local law, especially for those facilities which

14 were constructed before such requirements were

15 in effect;

16 (2) for the repair, renovation, restoration or re17 habilitation of public school facilities, including elec18 trical rewiring for new technology;

19 (3) for conversion of presently unused or

20 underused facilities into adult training centers or

21 preschool education centers, including Head Start

22 centers;

23 (4) for remodeling or renovating structures to

24 make them more energy efficient; or
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1 (5) for detecting, removing or otherwise con2 taining lead or asbestos in academic or other facili3 ties used by students.

4 (d) TRIBAL SCHOOL PROJECTS.—

5 (1) APPLICATION REQUIRED.—Funds made

6 available to the Secretary of the Interior shall be

7 made available, upon application, to Indian tribal

8 schools for purposes consistent with subsection (c),

9 and consistent with Federal and tribal procedures.

10 Such applications shall contain a description of the

11 activities to be performed, with estimates of the

12 costs associated with such activities, and shall give

13 priority to the employment of Native Americans, and

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

15 (2) REGULATIONS.—The Secretary of the Inte16 rior shall, not later than 120 days after the date of

17 enactment of this Act, promulgate regulations nec18 essary for the establishment of the program author19 ized under this subsection. In addition, the Secretary

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

21 annually thereafter, establish by regulation priorities

22 for making grants under this subsection which are

23 consistent with subsection (c).

24 (3) COMPLIANCE WITH ALLOTMENT REQUIRE25 MENTS.—For the purposes of section 242, the De-
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1 partment of the Interior shall be considered as a

2 State educational agency.

3 (4) RULE OF CONSTRUCTION.—Nothing con4 tained in this subsection shall be construed to relieve

5 the Secretary of the Interior of the responsibility to

6 provide adequate and equitable funding under the

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

8 maintenance of Indian tribal school facilities.

9 SEC. 242. ALLOTMENT OF FUNDS.

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

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

12 shall reserve 2 percent for allotment among Native Amer13 ican eligible jurisdictions described in section 211(b)(4).

14 Such reserved amount shall be allotted among Native

15 American eligible jurisdictions on an equitable basis, tak16 ing into account the extent to which regular employment

17 opportunities have been lacking for long-term periods

18 among individuals within the jurisdiction of such entities.

19 (b) LOCAL EDUCATIONAL AGENCY ALLOTMENTS.—

20 The remainder of the amount available for purposes of

21 this part for any fiscal year shall be allotted by the Sec22 retary among local educational agencies located within eli23 gible jurisdictions (as determined by section 211(b)) by

24 allocating to each such local educational agency an

25 amount that bears the same ratio to such remainder as
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1 the allotment (under section 212(b)(2)) of the eligible ju2 risdiction within which it is located bears to the sum of

3 the allotments to all eligible jurisdictions under such sec4 tion.

5 SEC. 243. REQUIREMENTS FOR RECEIPT OF ALLOTMENT.

6 (a) STATEMENT REQUIRED.—

7 (1) CONTENTS OF STATEMENT.—Each local

8 educational agency which desires to receive its allot9 ment under section 242 shall, within 30 days after

10 receiving notice of such allotment, submit to the Sec11 retary a statement—

12 (A) agreeing to use such funds only in ac13 cordance with the provisions of this Act; and

14 (B) agreeing to provide each of the quar15 terly reports required by subsection (c).

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

17 after the final day for the submission of statements

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

19 the basis of only those local educational agencies

20 submitting such statements, make a final allotment

21 of funds in accordance with section 242, and shall

22 notify each such agency of the amount of its final

23 allotment.

24 (b) PAYMENT OF ALLOTMENTS.—
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1 (1) PROSPECTIVE PAYMENT RULE.—For fiscal

2 years beginning after the date of enactment of this

3 Act, the Secretary shall pay to each local educational

4 agency which has filed a statement in accordance

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

6 Such payments shall be made in equal installments

7 not later than 5 days after the beginning of each

8 quarter for which funds are available.

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

10 year which began prior to the date of enactment of

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

12 after the final allotment of funds for such fiscal year

13 under subsection (a)(2), pay to each local edu14 cational agency which has filed such a statement the

15 total amount of such allotment.

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

17 after the end of each calendar quarter, each local edu18 cational agency which has, during such quarter, expended

19 (or made available to a local educational agency for ex20 penditure) funds made available under this part (in that

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

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

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

24 funds including—

25 (A) the nature of the employment activity,
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1 (B) the wage rates paid, and

2 (C) the duration of employment;

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

5 part, including the race, sex, age, handicapped sta6 tus, and veteran status of such participants; and

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

9 whether such agency has used such funds in accord10 ance with the requirements of this Act.

11 (d) WITHHOLDING PROCEDURES.—The Secretary

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

13 any installment of an allotment except in accordance with

14 section 403.

15 PART B—HIGHER EDUCATION FACILITY

16 IMPROVEMENT PROJECTS

17 SEC. 251. ACADEMIC FACILITY REPAIR AND RENOVATION

18 PROJECTS.

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

20 available to any institution of higher education under this

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

22 and activities (in accordance with the limitation on use

23 of funds set forth in section 204) providing employment

24 to eligible participants (qualifying under section 203) in
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1 work on the repair, restoration, renovation, or rehabilita2 tion of the academic facilities of such institution.

3 (b) USE OF QUICK-START PROJECTS.—To the maxi4 mum extent feasible, funds made available under this part

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

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

7 this part.

8 (c) PERMITTED USE OF FUNDS.—

9 (1) ELIGIBLE PROJECTS.—Funds alloted to

10 each State under section 252 shall be made available

11 through the higher education building agency of

12 such State, in accordance with its State plan under

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

14 1965, to assist institutions of higher education in

15 carrying out eligible projects under that title for the

16 repair, restoration, renovation, and rehabilitation of

17 academic facilities and libraries if the primary pur18 pose of such assistance is—

19 (A) to enable such institutions to econo20 mize on the use of energy resources, with a pri21 ority for the use of coal, solar, and renewable

22 resources;

23 (B) to enable such institutions to bring

24 their academic facilities and libraries into con25 formity with the requirements of—
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1 (i) the Act of August 12, 1968, com2 monly known as the Architectural Barriers

3 Act of 1968,

4 (ii) section 504 of the Rehabilitation

5 Act of 1973,

6 (iii) the Americans with Disabilities

7 Act, and

8 (iv) environmental protection or

9 health and safety programs mandated by

10 Federal, State, or local law, especially for

11 those facilities which were constructed be12 fore such requirements were in effect;

13 (C) to enable such institutions to renovate

14 research facilities and post secondary technical

15 training facilities, including electrical rewiring

16 for new technology; or

17 (D) to enable such institutions to detect,

18 remove, or otherwise contain asbestos hazards

19 in academic or other facilities used by students.

20 (2) USE AT INSTITUTIONS LOCATED IN ELIGI21 BLE JURISDICTIONS.—Funds alloted under section

22 252 shall be made available only to institutions of

23 higher education that are located within eligible ju24 risdictions under section 211(b), except that the Sec25 retary may waive the requirements of this paragraph
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1 for any State if there are no institutions of higher

2 education located within the eligible jurisdictions

3 within such State.

4 (3) SELECTION OF ELIGIBLE PROJECTS.—In

5 selecting eligible projects for the use of funds under

6 this part, the higher education building agency shall

7 give priority to projects at those institutions of high8 er education—

9 (A) with the greatest proportion of stu10 dents receiving Pell Grants under the Higher

11 Education Act of 1965; and

12 (B) which have not been able to obtain

13 funds for the performance of the project

14 through the sale of bonds or other obligations.

15 SEC. 252. ALLOTMENT OF FUNDS.

16 (a) ALLOTMENT FORMULA.—

17 (1) FUNDS RESERVED.—From the amount

18 available for purposes of this part for any fiscal

19 year, the Secretary shall reserve 2 percent for allot20 ment among Native American eligible jurisdictions

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

22 amount shall be alloted among Native American eli23 gible jurisdictions on an equitable basis, taking into

24 account the extent to which regular employment op25 portunities have been lacking for long-term periods
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1 among individuals within the jurisdiction of such en2 tities.

3 (2) STATE ALLOTMENTS.—The remainder of

4 the amount available for purposes of this part shall

5 be alloted by the Secretary among the States by allo6 cating to each State an amount that bears the same

7 ratio to such remainder as the sum of the allotments

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

9 within such State bears to the sum of the allotments

10 to all eligible jurisdictions under such section.

11 (b) ADMINISTRATIVE COSTS.—From the amount

12 alloted to any State under subsection (a), the higher edu13 cation building agency shall reserve not more than 1 per14 cent thereof for its necessary administrative costs in carry15 ing out the purposes of this part.

16 SEC. 253. REQUIREMENTS FOR RECEIPT OF ALLOTMENT.

17 (a) STATEMENT REQUIRED.—

18 (1) CONTENT OF STATEMENT.—Each State

19 which desires to receive its allotment under section

20 252 shall, within 30 days after receiving notice of

21 such allotment, submit to the Secretary a state22 ment—

23 (A) designating a fiscal agent for the re24 ceipt of payments from such allotment;
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1 (B) agreeing to use such funds only in ac2 cordance with the provisions of this Act; and

3 (C) agreeing to provide each of the quar4 terly reports required by subsection (c).

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

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

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

8 submitting such statements, make a final allotment

9 of funds in accordance with section 252, and shall

10 notify each State of the amount of its final allot11 ment.

12 (b) PAYMENT OF ALLOTMENTS.—

13 (1) PROSPECTIVE PAYMENT RULE.—For fiscal

14 years beginning after the date of enactment of this

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

16 filed a statement in accordance with subsection (a)

17 its allotment for that fiscal year. Such payments

18 shall be made in equal installments not later than 5

19 days after the beginning of each quarter for which

20 funds are available.

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

22 year which begins prior to the date of enactment of

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

24 after the final allotment of funds for such fiscal year

25 under subsection (a)(2), pay to each State which has
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1 filed such a statement the total amount of such al2 lotment.

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

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

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

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

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

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

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

10 funds including—

11 (A) the nature of the employment activity,

12 (B) the wage rates paid, and

13 (C) the duration of employment;

14 (2) contain adequate data to evaluate the char15 acteristics of participants in programs under this

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

17 and veteran status of participants; and

18 (3) contain such other information as the Sec19 retary may specifically request in order to ascertain

20 whether such State has used such funds in accord21 ance with the requirements of this Act.

22 (d) WITHHOLDING PROCEDURES.—The Secretary

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

24 any installment of an allotment except in accordance with

25 section 303.
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1 PART C—SPECIAL DEFINITIONS FOR SUBTITLE C

2 SEC. 261. DEFINITIONS.

3 Notwithstanding section 305, for purposes of this

4 subtitle—

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

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

7 Elementary and Secondary Education Act of 1965;

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

9 meaning provided under section 1471(12) of the El10 ementary and Secondary Education Act of 1965;

11 (3) the term ‘‘higher education building agen12 cy’’ has the meaning provided under 734(b) of the

13 Higher Education Act of 1965;

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

15 school operated by an Indian tribe under the Indian

16 Self-Determination and Education Assistance Act

17 (Public Law 93–638); and

18 (5) the term ‘‘institution of higher education’’

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

20 the Higher Education Act of 1965.

21 PART D—AUTHORIZATION OF APPROPRIATIONS

22 SEC. 271. AUTHORIZATION OF APPROPRIATIONS.

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

24 opportunities for unemployed individuals under this title

25 there are authorized to be appropriated $45,000,000,000
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1 for each of the fiscal years 1996, 1997, 1998, 1999, and

2 2000.

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

4 appropriated pursuant to subsection (a) for any fiscal

5 year—

6 (1) 80 percent shall be available for purposes of

7 subtitle B,

8 (2) 10 percent shall be available for purposes of

9 part A of subtitle C, and

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

11 part B of subtitle C.

12 TITLE III—GENERAL PROVISIONS

13 SEC. 301. GENERAL REQUIREMENTS.

14 (a) DISCRIMINATION PROHIBITED.—

15 (1) EXCLUSION PROHIBITED.—No person shall

16 be excluded from participation in, denied the bene17 fits of, subjected to discrimination under, or denied

18 employment in the administration of or in connec19 tion with any program under this Act because of

20 race, color, religion, sex, national origin, age, handi21 cap, or political affiliation or belief.

22 (2) SECTARIAN PURPOSES PROHIBITED.—Par23 ticipants under this Act shall not be employed on the

24 construction, operation, or maintenance of so much
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1 of any facility as is used or to be used for sectarian

2 instruction or as a place for religious worship.

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

4 terms and conditions affecting, or rights provided to,

5 individuals who are participants in activities sup6 ported by funds provided under this Act, such indi7 viduals shall not be discriminated against solely be8 cause of their status as participants under this Act.

9 (b) USE OF FUNDS FOR SUPPLEMENTARY ACTIVI10 TIES.—Funds provided under this Act shall only be used

11 for activities which are in addition to those which would

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

13 funds.

14 (c) SUBSTITUTION FOR GOVERNMENT PROGRAMS

15 PROHIBITED.—No funds made available under this Act

16 for subsidized employment may be provided to a private

17 organization, institution, or contractor to conduct any ac18 tivities customarily performed by employees of a State, a

19 political subdivision, or a local educational agency in the

20 area served by the program.

21 (d) SERVICES TO RESIDENTS.—Only individuals re22 siding in the area of an eligible jurisdiction under title II

23 may participate in activities funded under such titles, ex24 cept that a recipient may permit participation by homeless
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1 individuals who cannot prove residence within the eligible

2 jurisdiction.

3 (e) HIRING OF VOLUNTARILY TERMINATED WORK4 ERS PROHIBITED.—No individual shall be eligible to be

5 employed in a position subsidized under this Act if such

6 individual has, within the preceding 6 months, voluntarily

7 terminated, without good cause, his or her last previous

8 full-time employment at a wage rate equal to or exceeding

9 the Federal minimum wage as prescribed under section

10 6(a)(1) of the Fair Labor Standards Act of 1938, unless

11 such individual has moved to follow a spouse.

12 (f) POLITICAL ACTIVITIES PROHIBITED.—Financial

13 assistance under this Act shall not be provided for any

14 program which involves political activities.

15 (g) WAGE RATES.—

16 (1) MINIMUM OR PREVAILING HOURLY RATE

17 REQUIRED.—An individual in employment subsidized

18 under this Act shall be paid wages which shall not

19 be less than the highest of—

20 (A) the minimum wage under section

21 6(a)(1) of the Fair Labor Standards Act of

22 1938,

23 (B) the minimum wage under the appro24 priate State or local minimum wage law, or
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1 (C) the prevailing rates of pay for individ2 uals employed in similar occupations by the

3 same employer.

4 (2) MAXIMUM AVERAGE RATE.—The average

5 weekly portion of the wages which may be paid to

6 participants from funds made available under this

7 Act for any fiscal year shall not exceed the amount

8 determined and published annually by the Secretary

9 before the beginning of such fiscal year. Such

10 amount shall be equal to—

11 (A) the national average weekly earnings

12 of production or nonsupervisory workers in pri13 vate, nonfarm payrolls (as determined by the

14 Bureau of Labor Statistics for the most recent

15 12 months preceding such fiscal year for which

16 that determination is available),

17 (B) multiplied by 75 percent, and

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

19 (3) SUPPLEMENTATION PERMITTED.—Partici20 pants employed under this Act may have their wages

21 supplemented by the payment of additional wages

22 for such employment from sources other than this

23 Act.

24 (4) TIME OFF.—Participants employed under

25 this Act shall be allowed sufficient time off from
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1 work activities to participate effectively in job search

2 activities.

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

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

5 flexible-time, and work-sharing employment cus6 tomarily offered by the employer, if such individuals

7 receive benefits customarily provided with respect to

8 such employment by the same employer.

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

10 shall maintain an individual work record for each

11 participant, to be provided to each participant at the

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

13 (A) a documentary history of the experi14 ence and skills acquired by such participant,

15 and

16 (B) a list of the major work tasks com17 pleted by each participant.

18 (h) EXPENDITURE SCHEDULE.—Any funds appro19 priated to carry out this Act which are alloted for any

20 fiscal year shall be available for expenditure by the recipi21 ent during a period of 1 year from the date of payment

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

23 or cancelled as long as the funds so alloted are expended

24 by the recipient within such 1-year period. If any such

25 funds are not so expended, the Secretary shall reallot an
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1 amount equal to such unexpended funds among other eli2 gible recipients in accordance with this Act.

3 (i) PROGRAM ABUSE REGULATIONS.—Regulations

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

5 Comprehensive Employment and Training Act as in effect

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

7 Act for the purpose of assuring against program abuses,

8 including, but not limited to, nepotism, conflicts-of-inter9 ests, the charging of fees in connection with participation

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

11 improper commingling of funds under this Act with funds

12 received from other sources; the failure to keep and main13 tain sufficient, auditable, or otherwise adequate records;

14 kickbacks; political patronage; violations of applicable

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

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

17 which are not directly related to the proper operation of

18 the program.

19 SEC. 302. LABOR STANDARDS.

20 (a) CONDITIONS AND BENEFITS.—

21 (1) WORKING CONDITIONS.—Conditions of em22 ployment and training shall be appropriate and rea23 sonable in light of such factors as the type of work,

24 geographical region, and proficiency of the partici25 pant.
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1 (2) HEALTH, SAFETY, AND DISABILITY REGU2 LATIONS.—The regulations (relating to health and

3 safety, and worker’s compensation) implementing

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

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

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

7 participants under this Act.

8 (3) COMPARABLE BENEFITS AND CONDI9 TIONS.—All individuals while employed in subsidized

10 jobs under this Act shall be provided benefits and

11 working conditions at the same level and to the same

12 extent as other employees doing the same type of

13 work.

14 (4) RETIREMENT CONTRIBUTIONS PROHIB15 ITED.—No funds available under this Act may be

16 used for contributions on behalf of any participant

17 to retirement systems or plans. Nothing in this sub18 section shall relieve either a participant or a pro19 gram from requirements of the Social Security Act.

20 (b) PROTECTION OF EXISTING WORKERS.—

21 (1) DISPLACEMENT PROHIBITED.—No cur22 rently employed worker shall be displaced by any

23 participant (including partial displacement such as a

24 reduction in the hours of nonovertime work, wages,

25 or employment benefits).
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1 (2) IMPAIRMENT OF CONTRACTS AND AGREE2 MENTS PROHIBITED.—No program shall impair ex3 isting contracts for services or collective-bargaining

4 agreements, except that no program under this Act

5 which would be inconsistent with the terms of a col6 lective-bargaining agreement shall be undertaken

7 without the written concurrence of the labor organi8 zation and employer concerned.

9 (3) FILLING OF LAID-OFF POSITIONS PROHIB10 ITED.—(A) No participant whose wages are sub11 sidized under this Act shall be employed or job open12 ing filled when any other individual is on layoff from

13 the same or any substantially equivalent job.

14 (B) No participant whose wages are subsidized

15 under this Act shall be employed or job opening

16 filled when, after the enactment of this Act, the em17 ployer terminates the employment of any regular

18 unsubsidized employee in the same or any substan19 tially equivalent job or otherwises reduces the num20 ber of regular unsubsidized employees in such jobs.

21 (4) PROMOTIONAL INFRINGEMENT PROHIB22 ITED.—No jobs shall be created in a promotional

23 line that will infringe in any way upon the pro24 motional opportunities of currently employed individ25 uals.
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1 (c) COMPLIANCE REPORTS.—

2 (1) SUBMISSION TO LABOR ORGANIZATIONS.—

3 Each quarterly report submitted pursuant to section

4 212(c), 231(e), 243(c) or 253(c) shall be transmit5 ted by the recipient to any labor organization rep6 resenting government or private employees who are

7 engaged in similar work to that performed by em8 ployees whose wages are subsidized under this Act.

9 (2) CONTENTS OF REPORTS.—Each quarterly

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

11 243(c), or 253(c) which is subject to the require12 ments of paragraph (3) shall, with respect to each

13 government department in which subsidized employ14 ment is provided under this Act, set forth—

15 (A) the number of all regular employees of

16 such department—

17 (i) during the quarter to which such

18 report applies and

19 (ii) during the quarter preceding the

20 enactment of this Act; and

21 (B) the number of employees subsidized

22 under this Act in such department during each

23 such quarter.

24 (3) ANALYSIS OF JOB REDUCTION REQUIRED.—

25 If, for two succeeding calendar quarters, there has
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1 been an average decline of 5 percent or more in the

2 number of such unsubsidized employees in any such

3 department as compared to such number for the

4 quarter described in paragraph (2)(A)(ii), such re5 port shall include a statement identifying the jobs

6 which have been reduced and setting forth any rea7 sons that such reduction does not result from a fail8 ure to comply with subsection (b) of this section.

9 (4) REVIEW.—Any such report which is re10 quired to contain such a statement shall be subject

11 to review in accordance with subsection (d).

12 (d) COMPLAINT PROCEDURE.—

13 (1) SUBMISSION OF COMPLAINTS.—Whenever

14 any employee, or labor organization representing em15 ployees, of a government employing subsidized em16 ployees under this Act submits to the Secretary a

17 complaint alleging that section 301 or subsection (a)

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

19 such complaint shall be transmitted at the same

20 time to such government to review such complaint

21 and to submit a reply to the Secretary within 15

22 days after receiving a copy of such complaint.

23 (2) INVESTIGATION OF COMPLAINTS.—An offi24 cial who shall be designated by the Secretary shall

25 review any report required to include a statement
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1 specified in subsection (c)(3), or any complaint sub2 mitted in accordance with paragraph (1), to ascer3 tain the accuracy of the information set forth or al4 leged and to determine whether there is substantial

5 evidence that the affected activities fail to comply

6 with section 301 or subsection (a) or (b) of this sec7 tion.

8 (3) RECOMMENDATIONS.—The official so des9 ignated shall, within 45 days of the submission of

10 such report or complaint, submit recommendations

11 to the Inspector General of such Department as to

12 whether the report or complaint warrants investiga13 tion by the Office of the Inspector General. After re14 viewing such recommendations, the Inspector Gen15 eral shall undertake any investigations (including an

16 audit, if appropriate) deemed to be warranted.

17 (4) DETERMINATIONS.—A determination of

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

19 has occurred shall be made after considering legiti20 mate bases for layoffs or terminations of employees

21 not subsidized under this Act within the same de22 partment or budget function, such as a shortfall of

23 revenues compared with expenditures despite main24 tenance of local tax effort, or the requirements of

25 governmental reorganizations or productivity im-
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1 provements affecting work not performed by such

2 subsidized employees.

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

4 days after the report or complaint described in para5 graph (2) is submitted, the Inspector General’s find6 ings as to whether a failure to comply with section

7 301 and subsection (a) or (b) of this section has oc8 curred, shall be transmitted to the Secretary. The

9 Secretary shall, within 30 days after receiving the

10 Inspector General’s findings, issue a determination

11 as to whether a violation of section 301 or sub12 section (a) or (b) of this section has occurred, which

13 shall constitute the final determination of the Sec14 retary for purposes of chapters 5 and 7 of title 5,

15 United States Code.

16 (6) REPAYMENT REMEDY.—The Secretary shall

17 institute proceedings under section 303(b) for the

18 repayment of funds determined to have been ex19 pended in violation of section 301 or subsection (a)

20 or (b) of this section.

21 (e) LABOR ORGANIZATION.—

22 (1) USE FOR ORGANIZING OR DETERRING

23 UNIONS PROHIBITED.—Each recipient of funds

24 under this Act shall provide to the Secretary assur-
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1 ances that none of such funds will be used to assist,

2 promote, or deter union organizing.

3 (2) CONSULTATION REQUIRED.—Where a labor

4 organization represents a substantial number of em5 ployees who are engaged in similar work or training

6 in the same area as that proposed to be funded

7 under this Act, an opportunity shall be provided for

8 such organization to submit comments with respect

9 to such proposal.

10 (f) DAVIS-BACON REQUIREMENTS.—

11 (1) PREVAILING WAGES REQUIRED.—All labor12 ers and mechanics employed by contractors or sub13 contractors in any construction, alteration, or repair,

14 including painting and decorating, of projects, build15 ings, and works which are federally assisted under

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

17 those prevailing on similar construction in the local18 ity as determined by the Secretary in accordance

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

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

21 276a–5). The Secretary shall have with respect to

22 such labor standards, the authority and functions

23 set forth in Reorganization Plan Numbered 14 of

24 1950 (15 FR 3176; 64 Stat. 1267) and section 2 of
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1 the Act of June 1, 1934, as amended (48 Stat. 948,

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

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

4 required to be paid to participants under this Act

5 unless they are employed in connection with projects

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

7 wages and benefits, or projects covered by any other

8 statute requiring the payment of such Davis-Bacon

9 Act wage rates.

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

11 (1) information concerning numbers of employ12 ees shall be reported in a manner consistent with the

13 reporting of information (including the definitions of

14 terms) requested from governments by the Bureau

15 of the Census in the Survey of Government Employ16 ment for the 1982 Census of Governments, as au17 thorized in accordance with section 161 of title 13,

18 United States Code;

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

20 local unit of general purpose government, a public

21 agency, or a local educational agency; and

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

23 means any employee whose wages are paid in whole

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

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

3 SEC. 303. FISCAL CONTROLS; SANCTIONS.

4 (a) GAO REVIEW.—

5 (1) EVALUATION REQUIRED.—The Comptroller

6 General of the United States shall, on a selective

7 basis, evaluate the expenditures by the recipients

8 under this Act in order to assure that expenditures

9 are consistent with the provisions of this Act and to

10 determine the effectiveness of each recipient in ac11 complishing the purposes of this Act. The Comptrol12 ler General shall conduct the evaluations whenever

13 necessary and shall periodically (at least annually)

14 report to the Congress on the findings of such eval15 uations.

16 (2) IG RESPONSIBILITIES NOT AFFECTED.—

17 Nothing in this Act shall be deemed to relieve the

18 Inspector General of the Department of Labor or

19 the Inspector General of the Department of Edu20 cation of their responsibilities under the Inspector

21 General Act.

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

23 evaluating and reviewing programs established or

24 provided for by this Act, the Comptroller General

25 shall have access to and the right to copy any books,
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1 accounts, records, correspondence, or other docu2 ments pertinent to such programs that are in the

3 possession, custody, or control of any recipient of

4 funds under this Act, or any contractor or sub5 contractor of such recipients.

6 (b) REPAYMENT REQUIRED.—Every recipient shall

7 repay to the United States amounts found not to have

8 been expended in accordance with this Act. The Secretary

9 may offset such amounts against any other amount in

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

11 unless he determines that such recipient should be held

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

13 taken except after notice and opportunity for a hearing

14 have been given to the recipient.

15 (c) PROCEDURE FOR REPAYMENT.—

16 (1) STANDARD FOR REPAYMENT.—Each recipi17 ent shall be liable to repay such amounts, from

18 funds other than funds received under this Act,

19 upon a determination that the misexpenditure of

20 funds was due to willful disregard of the require21 ments of this Act, gross negligence, or failure to ob22 serve accepted standards of administration. No such

23 finding shall be made except after notice and oppor24 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 complaint
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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 30 days, take such action or order such corrective meas8 ures, as necessary, with respect to the recipient or the ag9 grieved 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—

19 (i) the poverty level determined in ac20 cordance with criteria established by the

21 Director of the Office of Management and

22 Budget, or

23 (ii) 70 percent of the lower living

24 standard income level;
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1 (C) receives, or is a member of a family

2 which receives, food stamps pursuant to the

3 Food Stamp Act of 1977;

4 (D) is a foster child on behalf of whom

5 State or local government payments are made;

6 or

7 (E) is a handicapped individual whose own

8 income meets the requirements of clause (A) or

9 (B), but who is a member of a family whose in10 come does not meet such requirements;

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

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

13 the Higher Education Act of 1965;

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

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

16 Perkins Vocational Education Act;

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

18 provided under section 3 of the Library Services and

19 Construction Act;

20 (5) the term ‘‘recipient’’ means any eligible ad21 ministrative entity or State or local educational

22 agency receiving funds under an allotment for part

23 A of title II, and any State higher education build24 ing agency or institution of higher education receiv-
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1 ing funds under an allotment for part B of such

2 title;

3 (6) except as specifically provided elsewhere in

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

5 of Labor, except that—

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

7 such term means the Secretary of Education;

8 and

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

10 and 305, such term means either the Secretary

11 of Labor or the Secretary of Education, which12 ever is appropriate;

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

14 States, the District of Columbia, the Commonwealth

15 of the Northern Mariana Islands, the Common16 wealth of Puerto Rico, American Samoa, Guam, the

17 Virgin Islands of the United States, the Federated

18 States of Micronesia, the Republic of the Marshall

19 Islands, and Palau;

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

21 individuals aged sixteen or older who are without

22 jobs and who want or are available for work, as de23 termined in accordance with criteria used by the Bu24 reau of Labor Statistics of the Department of Labor

25 in defining individuals as unemployed, but such cri-
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1 teria shall not be applied differently on account of

2 an individual’s previous employment; and

3 (9) the term ‘‘unit of local government’’ means

4 any city, town, township, parish, or (except in Con5 necticut, Massachusetts, Rhode Island, and Ver6 mont) county which is a general purpose political

7 subdivision of a State that has the power to levy

8 taxes and spend funds, as well as general corporate

9 and police powers.

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

11 purposes of this Act with respect to population, civilian

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

13 most satisfactory current data available on a seasonally

14 adjusted basis.

15 (c) COMPUTATIONS.—For the purposes of computa16 tions of the number of unemployed individuals in a State,

17 county, or eligible administrative entity, the Secretary

18 shall determine the average number of individuals who

19 were unemployed during the most recent 12 months pre20 ceding the determination for which satisfactory data is

21 available.

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