I

104TH CONGRESS

1ST SESSION H. R. 1591

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

MAY 9, 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, Ms. VELA ́ZQUEZ, Mrs. COLLINS of Illinois,

Mr. TORRES, Mr. SERRANO, Mr. FOGLIETTA, and Mr. MCDERMOTT) 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

5 Infrastructure Restoration Act of 1995’’.
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1 SEC. 2. FINDINGS.

2 Congress finds the following:

3 (a) That the investments made during the

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

5 the United States through the Roosevelt public

6 works programs, the National Highway Act under

7 President Eisenhower, and other major efforts, led

8 to the greatest period of economic recovery and sus9 tained level of economic growth in the first 150

10 years of our Nation’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 ensure re14 newal and restoration of roads, bridges, public build15 ings, public lands, 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 noncustodial parents

3 whose responsibilities include providing financial

4 support to their children.

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

6 the Federal Governments 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’’ means

2 the Secretary of Commerce, acting through the Eco3 nomic 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, and the

20 Commonwealth of the Northern Marianas.

21 SEC. 102. DIRECT GRANTS.

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

23 make grants to any State or local government for the con24 struction (including demolition and other site preparation

25 activities), renovation, repair, restoration, or other im-
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1 provement of local public works projects, including those

2 public works projects of State and local governments for

3 which Federal financial assistance is authorized under

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

5 extent appropriate, the Secretary may coordinate with

6 other Federal agencies in assessing grant requests, and

7 in providing appropriate levels of support.

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

9 project for which a grant is made under this title shall

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

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

12 be made pursuant to this section after the expiration of

13 any 3-consecutive month period during which the national

14 unemployment rate remained below 5 percent for each

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

16 occurs.

17 SEC. 103. ALLOCATION OF FUNDS; PREFERENCES.

18 (a) ALLOCATION OF FUNDS.—The Secretary shall al19 locate funds appropriated pursuant to section 106 of this

20 title as follows:

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

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

23 expended only for grants for public works projects

24 under this title to Indian tribes and Alaskan Native

25 villages. None of the remainder of such funds shall
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1 be expended for such grants to such tribes and vil2 lages.

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

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

5 percent of such funds shall be allocated among the

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

7 unemployed persons in each State bears to the total

8 number of unemployed persons in all the States and

9 40 percent of such funds shall be allocated among

10 those States with an average unemployment rate for

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

12 on the basis of the relative severity of unemployment

13 in each such State, except that no State shall be al14 located less than three-quarters of one percent or

15 more than 12 percent of such funds for local public

16 works projects within such State, except that in the

17 case of Guam, the Virgin Islands of the United

18 States, American Samoa, and the Commonwealth of

19 the Northern Marianas, not less than one-half of one

20 percent in the aggregate shall be allocated for such

21 projects in all four of such territories.

22 (3) SET-ASIDE FOR SMALL TOWNS.—Not less

23 than 10 percent of each State’s allocation shall be

24 set aside and shall be expended only for grants for

25 public works projects under this title for units of
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1 local government with populations under 10,000 per2 sons.

3 (4) DEVELOPMENT AND ADMINISTRATION.—Up

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

5 award will be available for project development and

6 preparation, and for ongoing project administration.

7 This allocation shall be available for local units of

8 government defined as nonentitlement under the

9 Housing and Urban Development Community Devel10 opment Block Grant Program. Such allocation shall

11 not exceed $15,000 for any single grant award in

12 any event.

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 PROJECT.—A project re2 quested by a school district shall be accorded the full

3 priority and preference to public works projects of

4 local governments provided in this subsection.

5 (4) APPLIED INDUSTRIAL RESEARCH

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

8 higher education, and which facility is intended to

9 promote the development of new products and proc10 esses, or that the Secretary determines will improve

11 the competitiveness of American industry shall be

12 accorded full priority and preference. For projects

13 under this section, matching funds requirements

14 shall be waived if the company or companies and the

15 institution involved commit, in the Secretary’s deter16 mination, to undertake all future equipment and

17 maintenance expenses for the project.

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 (A) expedite and give priority to ap24 plications submitted by States or local governments

25 having average unemployment rates for the 12 most
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1 recent consecutive months in excess of the average

2 national unemployment rates for the construction

3 trades, and (B) shall give priority thereafter to ap4 plications submitted by States or local governments

5 having average unemployment rates for construction

6 trades for the 12 most recent consecutive months in

7 excess of 6 percent, but less than the average na8 tional unemployment rate for such construction

9 trades.

10 (2) INFORMATION REGARDING UNEMPLOYMENT

11 RATES.—Information regarding unemployment rates

12 may be furnished either by the Federal Government,

13 or by States or local governments, provided the Sec14 retary (A) determines that the unemployment rates

15 furnished by States or local governments are accu16 rate, and (B) shall provide assistance to State or

17 local governments in the calculation of such rates to

18 assure validity and standardization.

19 (3) LIMITATION ON APPLICABILITY.—Para20 graph (1) of this subsection shall not apply to any

21 State which receives a minimum allocation pursuant

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

23 (d) STATE AND LOCAL PRIORITIZATION OF APPLICA24 TIONS.—Whenever a State or local government submits

25 applications for grants under this title for 2 or more
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1 projects, such State or local government shall submit as

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

3 (e) LOCALIZATION OF UNEMPLOYMENT DETERMINA4 TIONS.—The local unemployment rate of construction

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

6 request of the applicant, be based upon the unemployment

7 rate of any community or neighborhood (defined without

8 regard to political or other subdivisions or boundaries)

9 within the jurisdiction of such local governments.

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

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

12 than 30 days after the date of enactment of this title, pre13 scribe those rules, regulations, and procedures (including

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

15 rules, regulations, and procedures shall assure that ade16 quate consideration is given to the relative needs of var17 ious sections of the country. The Secretary shall consider

18 among other factors—

19 (1) the severity and duration of unemployment

20 in proposed project areas;

21 (2) the income levels and extent of

22 underemployment in proposed project areas;

23 (3) the extent to which proposed projects will

24 contribute to increased employment in the construc25 tion trades and to future economic growth; and
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1 (4) the needs of proposed project areas to re2 cover from natural or other disaster which has af3 fected the infrastructure of such area.

4 (b) CONSIDERATION OF APPLICATIONS.—The Sec5 retary shall make a final determination with respect to

6 each application for a grant submitted under this title not

7 later than the 60th day after the date the Secretary re8 ceives such application.

9 (c) CONSIDERATION OF CONSTRUCTION INDUSTRY

10 EMPLOYMENT.—For purposes of this section, in consider11 ing the extent of unemployment or underemployment, the

12 Secretary shall consider the amount of unemployment or

13 underemployment in the construction and construction14 related industries.

15 SEC. 105. GENERAL LIMITATION.

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

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

18 acquisition of any interest in real property.

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

20 shall be construed to authorize the payment of routine

21 scheduled maintenance costs in connection with any

22 projects constructed (in whole or in part) with Federal fi23 nancial assistance under this title.

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

25 under this title shall be made only for projects for which
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1 the applicant gives satisfactory assurances, in such man2 ner and form as may be required by the Secretary and

3 in accordance with such terms and conditions as the Sec4 retary may prescribe that, if funds are available, onsite

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

6 (d) CONTRACTING.—

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

8 the construction (including and other site prepara9 tion activities), renovation, restoration, repair, or

10 other improvement of any public works project for

11 which a grant is made under this title, shall be per12 formed directly by any department, agency, or in13 strumentality of any State or local government.

14 (2) COMPETITIVE BIDDING.—

15 (A) Construction of each project for which

16 a grant is made under this title shall be per17 formed by contract awarded by competitive bid18 ding, unless the Secretary shall affirmatively

19 find that, under the circumstances related to

20 such project, an alternative method is in the

21 public interest. It is in the public interest that

22 tax-funded projects shall be performed effi23 ciently, with a high level of productivity, and

24 shall produce a product of highest quality.
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1 (B) For this purpose, public authorities

2 awarding contracts under this Act shall, as a

3 first option, seek to obtain Project Agreements

4 with Building Trades Councils which have juris5 diction over the geographical area included in

6 the location of the project. These Project Agree7 ments shall include the establishment of Project

8 Committees consisting of public officials, labor

9 representatives and managerial representatives.

10 The Committee will hear and rule on com11 plaints pertaining to job safety and health, mi12 nority hiring and prevailing wage, and appren13 ticeship training provisions of this Act, as well

14 as craft jurisdiction and any and all disputes

15 which may arise on the job. Public Authorities

16 shall assign to each project an enforcement offi17 cer who shall oversee and enforce compliance

18 with labor standards, hiring practices, and ap19 prenticeship standards specified in this Act, as

20 well as those orders of the Project Committee

21 applicable to the project.

22 (3) LOWEST RESPONSIVE BID.—Contracts for

23 the construction of each project for which a grant is

24 made under this title shall be awarded only on the

25 basis of the lowest responsive bid submitted by a
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1 bidder meeting the established criteria of responsibil2 ity, subject to subsection (c) of this section.

3 (4) ADVERTISING.—No requirement or obliga4 tion shall be imposed as a condition precedent to the

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

6 which a grant is made under this title, or to the Sec7 retary’s concurrence in the award of a contract to

8 such bidder, unless such requirement or obligation is

9 otherwise lawful and is specifically set forth in the

10 advertised specifications or in this title.

11 (e) ENVIRONMENTAL SAFEGUARDS.—All local public

12 works projects carried out with Federal financial assist13 ance under this title shall comply with all relevant Federal,

14 State or local environmental laws and regulations.

15 (f) BUY AMERICA ACT.—If a local public works

16 project carried out with Federal assistance under this title

17 would be eligible for Federal financial assistance under

18 provisions of law other than this Act and, under such

19 other provision of law, would be subject to title III of the

20 Act of March 3, 1993, popularly known as the Buy Amer21 ica Act, or similar requirements, such project shall be sub22 ject to such title of such Act of March 3, 1993, or such

23 similar requirements under this Act in the same manner

24 and to the same extent as such project would be subject
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1 to such title of such Act of March 3, 1993, or such similar

2 requirements under such other provisions of law.

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

4 works project carried out with Federal financial assistance

5 under this title would be eligible for Federal financial as6 sistance under provisions of law other than this Act and,

7 under such other provisions of law, would be subject to

8 any minority participation requirement, such project shall

9 be subject to such requirement under this Act, in the same

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

11 subject to such requirement under such other provisions

12 of law.

13 (h) APPLICABILITY OF LAWS REGARDING INDIVID14 UALS WITH DISABILITIES.—Sections 504 and 505 of the

15 Rehabilitation Act of 1973 and the Americans With Dis16 abilities Act of 1990 shall apply to local public works

17 projects carried out under this title.

18 SEC. 106. FUNDING.

19 There is authorized to be appropriated

20 $25,000,000,000 for fiscal years 1995, 1996, and 1997

21 to carry out this title. Moneys appropriated pursuant to

22 this authorization shall remain available until expended.

23 Any amounts made available under this title for fiscal year

24 1995 shall be deemed to be emergency spending under sec-
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1 tion 251(b)(2)(D) of the Balanced Budget and Emergency

2 Deficit Control Act of 1985.

3 TITLE II—PUBLIC WORKS AND JOB

4 RESTORATION

5 Subtitle A—Jobs 2000

6 SEC. 201. SHORT TITLE.

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

8 1995’’.

9 SEC. 202. PURPOSE.

10 It is the purpose of this subtitle to develop and pro11 vide useful and productive opportunities for unemployed

12 and underemployed people, especially young people,

13 through payments for labor and related costs associated

14 with the construction, repair or rehabilitation of essential

15 community and educational facilities; with the reclama16 tion, improvement and conservation of public lands; and

17 with the creation, repair, rehabilitation and restoration of

18 public safety, public transportation, health, social services,

19 and recreation facilities and other activities necessary to

20 the public welfare.

21 SEC. 203. ELIGIBLE PARTICIPANTS.

22 (a) GENERAL ELIGIBILITY REQUIREMENTS.—An in23 dividual shall be eligible to participate in a program,

24 project or activity receiving funds under this subtitle only

25 if such individual—
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1 (1) is a resident or citizen of the United States,

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

3 enrollment, and

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

5 immediately preceding the date of such enrollment,

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

7 section and section 222. Individuals may be certified

8 for purposes of this section in accordance with pro9 cedures agreed to by the eligible administrative en10 tity and established in regulations established by the

11 Secretary.

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

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

14 funds made available under this subtitle in excess of 52

15 weeks in any 2-year period, in accordance with the follow16 ing subsidy schedule—

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

18 may be subsidized for the first 26 weeks.

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

20 may be subsidized for the next 13 weeks, and

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

22 may be subsidized for the next 13 weeks.

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

24 of participants for activities under this subtitle, priority

25 shall be given to individuals who—
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1 (1) at the time of selection, have exhausted or

2 are otherwise not eligible for unemployment benefits,

3 particularly—

4 (A) those individuals who have been unem5 ployed for the longest periods of time preceding

6 the date of their selection;

7 (B) those residing in households in which

8 no other member is employed on a full-time

9 basis;

10 (C) those individuals who are or were

11 qualified participants in a Trade Adjustment

12 Act program or other Federal program provid13 ing job reemployment assistance due to base

14 closure, factory closure or other job loss due to

15 economic factors;

16 (D) those young people who are unem17 ployed and who reside in communities with the

18 highest levels of unemployment or

19 underemployment; and

20 (2) (except for individuals described in subpara21 graph (D)) have been employed within the past 2

22 years by the employer that is providing the sub23 sidized job position.
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1 (d) SPECIAL CONSIDERATION FOR WELFARE RECIPI2 ENTS.—Entities receiving funds under this subtitle shall

3 give special consideration to applicants who are—

4 (1) custodial parents of children who are recipi5 ents of assistance under title IV of the Social Secu6 rity Act; and

7 (2) noncustodial parents of one or more

8 nondependent children who are recipients of assist9 ance under title IV of the Social Security Act, but

10 only if said applicants agree in writing to the with11 holding of an appropriate portion of their wages to

12 be applied to the support of said child or children

13 under any child support order.

14 (e) SPECIAL CONSIDERATION FOR VETERANS.—With

15 regard to services to veterans provided under section

16 210(a)(3)(N), special consideration in selecting partici17 pants for employment in such activities shall be given to

18 veterans who otherwise meet the eligibility requirements

19 of this section.

20 (f) EQUAL EMPLOYMENT OPPORTUNITIES.—In cer21 tifying eligible participants under subsection (a) and in re22 ferring them for employment to recipients under subtitles

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

24 ensuring equal employment opportunities and the full par25 ticipation of traditionally underrepresented groups, includ-
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1 ing women and racial and ethnic minorities, in employ2 ment provided with funds made available under this title.

3 Each recipient of funds under subtitle B and C shall be

4 responsible for ensuring such opportunities and full par5 ticipation in the selection of eligible participants for such

6 employment.

7 SEC. 204. LIMITATION ON USE OF FUNDS.

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

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

10 recipient under subtitles B and C from funds appropriated

11 under section 271 of this Act for any fiscal year shall be

12 used to provide for wages and related employment benefits

13 to eligible participants for work which the recipient cer14 tifies has been performed in one or more of the activities

15 authorized under this title.

16 (b) LIMITATION ON ADMINISTRATIVE COSTS.—Not

17 more than 10 percent of the funds provided to any recipi18 ent under this title from funds appropriated for any fiscal

19 year may be used for the costs of administration.

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

22 recipient under this title from funds appropriated for any

23 fiscal year (after compliance with subsection (a) and de24 duction of costs of administration permitted by subsection

25 (b)) may be used for the acquisition of supplies, tools,
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1 equipment, and other materials directly related to the pur2 pose 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 under

11 this Act, such as section 106 of the Housing and

12 Community Development Act of 1974 (42 U.S.C.

13 5306).

14 (2) BUY AMERICA REQUIREMENT.—In designat15 ing projects under this Act, the recipient shall, to

16 the extent feasible, ensure that supplies, tools, equip17 ment, or other materials purchased or procured (in

18 accordance with paragraph (1)) have been manufac19 tured, mined, or produced in the United States, un20 less such supply, tool, equipment, or material is not

21 available in reasonable quantity and quality as re22 quired to fulfill the needs of such project or activity.

23 (e) TRAINING COST EXCEPTION.—Notwithstanding

24 subsection (a), funds available under subtitle B may be
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1 used for costs associated with training and related support

2 for a number of participants if—

3 (1) employers have made commitments to fill

4 an equal number of unsubsidized jobs with partici5 pants who have successfully completed such training;

6 (2) the recipient has entered into an agreement

7 for the provision of such training to participants

8 with one or more of the following: an Apprenticeship

9 Training program which is certified by the Depart10 ment of Labor for the construction industry and

11 meets Federal standards for apprenticeship training;

12 an administrative entity designated under section

13 103(b)(1)(B) of the Job Training Partnership Act

14 (29 U.S.C. 1513(b)(1)(B)), a local educational agen15 cy, a vocational education school, an institution of

16 higher education, a community-based organization, a

17 community action agency, a community development

18 corporation, or other qualified public or private non19 profit provider of training services; and

20 (3) the costs associated with providing such

21 training and related support to any participant from

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

23 weekly basis, the maximum wage which may be paid

24 with funds available under this Act in accordance

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

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

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

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

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

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

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

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

11 employees of the Federal Government.

12 Subtitle B—Employment in Support of

13 Community Renewal

14 PART A—COMMUNITY IMPROVEMENT PROJECTS.

15 SEC. 210. EMPLOYMENT IN COMMUNITY IMPROVEMENT

16 PROJECTS.

17 (a) QUALIFIED ACTIVITIES.—Eligible participants

18 shall be employed in community improvement projects

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

21 (1) Repair, rehabilitation, or improvement of

22 public facilities, including—

23 (A) street, highway or road repair;

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

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

2 facilities, such as public libraries or other public

3 buildings;

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

6 (E) water development projects and repair

7 of water systems,

8 (F) repair and rehabilitation of public

9 mass transit systems;

10 (G) erecting and replacing school crossing,

11 intersection and other road surfaces or sign

12 markings and removing road or public sidewalk

13 obstructions;

14 (H) rehabilitation of public playgrounds

15 and parks;

16 (I) installation and repair of drainage

17 pipes, catch basins or other portions of systems

18 to control potential flooding;

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

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

24 (2) Activities to conserve, restore, rehabilitate

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

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

6 sites, and other public areas;

7 (C) stream, lake and waterfront harbor

8 and port improvements and pollution control;

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

11 (E) reclamation activities on public lands

12 that have been stripmined or subjected to other

13 mineral extraction activities;

14 (F) fish culture and habitat maintenance

15 and improvement and other fishery assistance;

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

18 (H) urban revitalization and historical and

19 cultural site preservation;

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

22 (J) improvement and reuse of abandoned

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

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

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

7 (A) fire hazard inspection and repair, and

8 repairing or replacing fire hydrants;

9 (B) emergency food and shelter activities;

10 (C) child and dependent care (including

11 respite care) designed to enable parents or

12 other caregivers to become fully employed;

13 (D) assisting in nutrition programs for

14 children, the elderly and the disabled;

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

18 (F) disaster relief efforts to assist victims;

19 (G) upgrading personal and residential se20 curity for elderly, disabled and low-income resi21 dents of public or publicly assisted housing;

22 (H) public health services, including immu23 nizations of children and assistance in commu24 nity health centers;

25 (I) emergency medical and rescue services;
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1 (J) drug and alcohol abuse programs;

2 (K) domestic violence programs, including

3 prevention of child abuse and protection of

4 abused children or elderly persons;

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 and

14 their families;

15 (O) security guards for public schools and

16 public housing projects;

17 (P) police support such as dispatchers,

18 neighborhood watch, and traffic control to free

19 police officers for full time street duty;

20 (Q) staff support for juvenile and adult

21 correctional facilities;

22 (R) rodent and insect control activities;

23 (S) hazardous materials surveys; and

24 (T) unemployment counselling and job

25 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 the local Build12 ing Trades Councils (as described in section

13 204(e)(2));

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

15 repair, rehabilitate or restore buildings or other tan16 gible property, will be completed within 24 months

17 (or such longer period as the Secretary may provide

18 in a program grant);

19 (3) is an activity authorized under this section

20 or section 231(b);

21 (4) will result in a specific product or accom22 plishment;

23 (5) would not otherwise be conducted with ex24 isting funds; and
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1 (6) will meet the priorities established in section

2 214.

3 (d) PUBLIC LANDS PROJECTS LIMITATIONS.—

4 (1) BENEFITS AND REIMBURSEMENT.—Projects

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

6 limited to projects on public lands or Indian lands

7 except where a project involving other lands will pro8 vide a documented public benefit and reimbursement

9 will be provided to the recipient for that portion of

10 the total cost of the project which does not provide

11 a public benefit. Notwithstanding any other provi12 sion of law, any reimbursement referred to in the

13 preceding sentence shall be retained by the recipient

14 and shall be used by the recipient for purposes of

15 carrying out other projects under this subtitle.

16 (2) CONSISTENCY WITH LAWS AND POLICIES.—

17 All projects carried out under this Act for conserva18 tion, rehabilitation, restoration or improvement of

19 any public lands or Indian lands shall be undertaken

20 in a manner consistent with the provisions of law

21 and policies relating to the management and admin22 istration of such lands, with all other applicable pro23 visions of law, and with all management, oper24 ational, and other plans and documents which gov25 ern the administration of the area.
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1 SEC. 211. ELIGIBLE ADMINISTRATIVE ENTITIES.

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

3 this section, an eligible administrative entity under section

4 103(b)(1)(B) of the Job Training Partnership Act (29

5 U.S.C. 1513(b)(1)(B)) that serves one or more eligible ju6 risdictions.

7 (b) ELIGIBLE JURISDICTIONS.—An eligible jurisdic8 tion under this subtitle is an area which has an unemploy9 ment rate in excess of 6 percent and which is—

10 (1) a unit of general local government which

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

12 (2) a consortium of contiguous units of general

13 local government which includes—

14 (A) two or more municipal governments at

15 least one of which is an eligible jurisdiction

16 under paragraph (1);

17 (B) a combination of one or more of such

18 municipal governments and one or more county

19 governments (or equivalents); or

20 (C) two or more county governments (or

21 equivalents) at least one of which is an eligible

22 jurisdiction under paragraph (1);

23 (3) a contiguous group of census tracts that

24 constitutes an area of substantial unemployment (as

25 defined in section 212(c)) that is not within an area
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1 that is an eligible jurisdiction under paragraph (1)

2 or (2); or

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

4 group on a Federal or State reservation, the Okla5 homa Indians, and any Alaska Native village or

6 group as defined in the Alaska Native Claims Settle7 ment Act, having a governing body.

8 (c) QUALIFICATION OF ADMINISTRATIVE ENTI9 TIES.—

10 (1) IN GENERAL.—An administrative entity

11 that serves an eligible jurisdiction shall qualify as an

12 eligible administrative entity for that eligible juris13 diction by filing, within 30 days of the allotment of

14 funds to such area under section 212, a statement

15 in accordance with section 213 with respect to the

16 use of such allotment. If no such administrative en17 tity files such a statement within the specified time,

18 the Secretary may, on the basis of filings of such a

19 statement, qualify another administrative entity

20 within the same State to serve that jurisdiction.

21 (2) PRESERVATION OF LOCAL SERVICE.—A

22 larger unit of general local government (determined

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

24 eligible administrative entity to serve the population

25 of any geographic area within the jurisdiction of any
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1 smaller unit of general local government (determined

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

3 or is part of an eligible administrative entity that

4 has filed a statement under section 213 with respect

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

6 area.

7 SEC. 212. ALLOTMENT OF FUNDS.

8 (a) NATIVE AMERICAN ALLOTMENT.—

9 (1) FUNDS RESERVED.—From the amount

10 available for purposes of this title for any fiscal year

11 (exclusive of the amount available for subpart C) the

12 Secretary shall reserve 2 percent for allotments

13 among Native American eligible jurisdictions de14 scribed in section 211(b)(4) in accordance with para15 graph (2).

16 (2) ALLOTMENTS.—The amounts which are re17 quired by paragraph (1) to be allotted in accordance

18 with this paragraph among Native American eligible

19 jurisdictions shall be allotted among such jurisdic20 tions on an equitable basis, taking into account the

21 extent to which regular employment opportunities

22 have been lacking for long-term periods among indi23 viduals within the jurisdiction of such entities.

24 (b) GENERAL ALLOTMENTS.—
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1 (1) RESERVATION.—The remainder of the

2 amount available for this subtitle for any fiscal year

3 (after making the allotment required by subsection

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

5 for allocation to eligible jurisdictions within each

6 State. Each State shall allocate to the eligible juris7 dictions within the State such amounts as deter8 mined by the Secretary pursuant to the formula con9 tained in paragraph (2).

10 (2) FORMULA.—Of the amounts allotted to eli11 gible jurisdictions for this part of each fiscal year—

(A) 331 12 ⁄3 percent shall be allotted on the

13 basis of the relative number of unemployed in14 dividuals residing in areas of substantial unem15 ployment within each eligible jurisdiction as

16 compared to the total number of such unem17 ployed individuals in all eligible jurisdictions in

18 all States;

(B) 662 19 ⁄3 percent shall be allotted on the

20 basis of the relative number of unemployed in21 dividuals residing within each eligible jurisdic22 tion as compared to the total number of unem23 ployed individuals residing in all eligible juris24 dictions in all States.
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1 (3) LIMITATIONS ON FORMULA.—The total al2 lotment for all eligible jurisdictions within any one

3 State shall not be less than one-quarter of 1 percent

4 of the total allotted to all eligible jurisdictions in all

5 States.

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

7 (1) The term ‘‘area of substantial unemploy8 ment’’ means any area of sufficient size and scope

9 to sustain a program under this subtitle and which

10 has an average unemployment rate of at least 6 per11 cent for the most recent 12 months as determined

12 by the Secretary. Determinations of areas of sub13 stantial unemployment shall be made once each fis14 cal year.

15 (2) The term ‘‘excess number’’ means the num16 ber which represents the number of unemployed in17 dividuals in excess of 4.5 percent of the civilian labor

18 force in the service delivery area, or the number

19 which represents the number of unemployed individ20 uals in excess of 4.5 percent of the civilian labor

21 force in areas of substantial unemployment in such

22 service delivery area.

23 SEC. 213. REQUIREMENTS FOR RECEIPT OF ALLOTMENT.

24 (A) SUBMISSION OF STATEMENT.—
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1 (1) CONTENT OF STATEMENT.—Each eligible

2 administrative entity which desires to receive an al3 lotment under section 212 shall, within 30 days

4 after receiving notice of such allotment, submit to

5 the Secretary a statement—

6 (A) designating a fiscal agent for the re7 ceipt of payments from such allotment;

8 (B) agreeing to use funds only in accord9 ance with the provisions of this Act;

10 (C) agreeing to use such funds for projects

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

12 subtitle and for which, to the maximum extent

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

14 of receipt of funds under this subtitle; and

15 (D) agreeing to provide each of the quar16 terly reports required by subsection (c).

17 (2) ACTIONS BY SECRETARY.—Within 30 days

18 after the final day for the submission of statements

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

20 the basis of only those eligible administrative entities

21 submitting such statements, make a final allotment

22 of funds in accordance with section 212, and shall

23 notify each such eligible administrative entity of the

24 amount of its final allotment.

25 (b) PAYMENT OF ALLOTMENTS.—
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1 (1) PROSPECTIVE RULE.—For fiscal years be2 ginning after the date of enactment of this Act, the

3 Secretary shall pay to each eligible administrative

4 entity 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 YEAR PAYMENTS.—For

10 any fiscal year which began prior to the date of en11 actment of this Act, the Secretary shall, not later

12 than 30 days after the final allotment of funds for

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

14 eligible administrative entity which has filed a state15 ment the total amount of such allotment.

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

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

18 administrative entity which has, during such quarter, ex19 pended funds made available under this subtitle (in that

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

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

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

23 funds, including—

24 (A) the nature of the employment activity;

25 (B) the wage rates paid; and
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1 (C) the duration of employment;

2 (2) contain adequate data to evaluate the char3 acteristics of participants in programs and projects

4 under this subtitle, including the sex, race, age,

5 handicapped status, and veteran status of partici6 pants; and

7 (3) contain such information as the Secretary

8 may specifically request in order to ascertain wheth9 er such entity has used such funds in accordance

10 with the requirements of this Act.

11 (d) WITHHOLDING SUBJECT TO PROCEDURES.—The

12 Secretary may not withhold, suspend, or terminate the

13 payment of any installment of an allotment except in ac14 cordance with section 303 of this Act.

15 SEC. 214. PROJECT DESIGN.

16 (a) PRIORITY.—In designing projects under this sub17 title, the administrative entity shall give priority to

18 projects on the basis of—

19 (1) the severity and duration of unemployment

20 within localities in the area of the eligible adminis21 trative entity;

22 (2) the degree to which project activities will

23 lead to the expansion of unsubsidized employment

24 opportunities in the private sector;
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1 (3) the level of need which exists for the activi2 ties and services to be provided;

3 (4) the extent to which the activities will pro4 vide long-term benefits to the public;

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

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

7 public service;

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

9 intensive; and

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

11 planned and initiated promptly.

12 (b) COORDINATION.—To the extent feasible, employ13 ment opportunities established with funds made available

14 under this subtitle shall be coordinated with other Federal,

15 State and local activities, including vocational and adult

16 education, job training provided with funds available

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

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

19 receiving funds available under section 106 of the Housing

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

21 5306), and other Federal laws.

22 (c) COMPETITIVE BIDDING.—In the case of projects

23 or activities that involve construction, reconstruction, re24 pair or renovation of physical structures—
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1 (1) each project for which a grant is made

2 under this title shall be performed by contract

3 awarded by competitive bidding, unless the Secretary

4 shall affirmatively find that, under the cir5 cumstances related to such project, an alternative

6 method is in the public interest. It is in the public

7 interest that tax-funded projects shall be performed

8 efficiently, with a high level of productivity, and

9 shall produce a product of highest quality;

10 (2) public authorities awarding contracts under

11 this Act shall, as a first option, seek to obtain

12 Project Agreements with Building Trades Councils

13 which have jurisdiction over the geographical area

14 included in the location of the project. These Project

15 Agreements shall include the establishment of

16 Project Committees consisting of public officials,

17 labor representatives and managerial representa18 tives. The Committees will hear and rule on com19 plaints pertaining to job safety and health, minority

20 hiring and prevailing wage, and apprenticeship

21 training provisions of this Act, as well as craft juris22 diction and any and all disputes which may arise on

23 the job. Public authorities shall assign to each

24 project an enforcement officer who shall oversee and

25 enforce compliance with labor standards, hiring
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1 practices, and apprenticeship standards specified in

2 this Act, as well as those orders of the Project Com3 mittee applicable to the project;

4 (3) contracts for the construction of each

5 project for which a grant is made under this title

6 shall be awarded only on the basis of the lowest re7 sponsive bid submitted by a bidder meeting the es8 tablished criteria or responsibility, subject to sub9 section (c) of this section;

10 (4) no requirement or obligation shall be im11 posed as a condition precedent to the award of a

12 contract to a bidder for a project for which a grant

13 is made under this title, or to the Secretary’s con14 currence in the award of a contract to such bidder,

15 unless such requirement or obligation is otherwise

16 lawful and is specifically set forth in the advertised

17 specification or in this title; and

18 (5) all local public works projects carried out

19 with Federal financial assistance under this title

20 shall comply with all relevant Federal, State or local

21 environmental laws and regulations.
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1 PART B—COMMUNITY IMPROVEMENT AND

2 RENEWAL ACTIVITIES FOR YOUTH TRAINEES.

3 SEC. 221. YOUTH TRAINEE ACTIVITIES.

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

5 subtitle may be used for eligible youth who are paid wage

6 and benefits from such funds for part-time employment

7 not in excess of 32 hours per week. Such part-time em8 ployment may be in any activity described in section 310

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

10 nonprofit agency or organization or by an employer orga11 nized for profit, but shall be provided in a manner which

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

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

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

15 training or employability development, including a pro16 gram operated pursuant to the Family Support Act. Such

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

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

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

20 for such purpose may be used in activities which also re21 ceive funds under the Job Training Partnership Act (in22 cluding Job Corps), the Carl T. Perkins Vocational Edu23 cation Act, the Family Support Act’s Job Opportunities

24 and Basic Skills Program, or other Federal, State or local

25 public or private education or training program.
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1 SEC. 222. ELIGIBLE YOUTH.

2 (a) EXEMPTION FROM UNEMPLOYMENT DURATION

3 REQUIREMENTS.—Notwithstanding section 203(a)(2) re4 garding duration of employment—

5 (1) any youth aged 16 through 19; or

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

7 natural parent of a dependent non-custodial child,

8 and who executes an agreement of support and an

9 authorization for the withholding of a portion of the

10 wages from such activity for use in supporting such

11 dependent child; and

12 (3) who is currently unemployed shall be eligi13 ble to be a participant in activities conducted under

14 this part.

15 (b) PRIORITY.—In selecting such participants, an eli16 gible administrative entity shall, notwithstanding section

17 203(c), give priority to individuals who are economically

18 disadvantaged. Among such individuals, eligible school

19 dropouts shall be served on an equitable basis. For pur20 poses of this subsection, a school dropout is an individual

21 who is not attending any school and has not received a

22 secondary school diploma or certificate of high school

23 equivalency.
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1 PART C—STATE JOB PROGRAMS

2 SEC. 231. FINANCIAL ASSISTANCE FOR STATE JOB PRO3 GRAMS.

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

5 sums allotted to each State under section 204 shall be

6 available for purposes of this part.

7 (b) USE OF FUNDS.—The sums available under sub8 section (a) shall be used for employment of eligible partici9 pants under this subtitle—

10 (1) through State-administered programs and

11 activities authorized under section 201, such as

12 those in—

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

14 conservation programs (including rangeland re15 habilitation and improvement and beach front

16 erosion rehabilitation and repair);

17 (B) State hospitals and other institutions

18 and facilities providing health care;

19 (C) State correctional institutions and pro20 grams, including juvenile facilities; and

21 (D) State administered social service pro22 grams (including State-sponsored pre-school

23 and child care programs);

24 (2) through special assistance (in conjunction,

25 as appropriate, with eligible administrative entities

26 under subtitle B) for areas which have experienced
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1 sudden or severe economic dislocations, including

2 large scale losses of jobs caused by the closing of fa3 cilities (including defense related facilities) or mass

4 layoffs;

5 (3) through State-directed emergency aid pro6 grams to cope with natural disasters, including ero7 sion, flood, drought, and storm damage assistance

8 and control activities; and

9 (4) through special assistance to seasonal farm10 workers and small farmers in rural agricultural

11 areas which have experienced substantial losses of

12 jobs due to the rising numbers of farm mortgage

13 foreclosures and other severe economic disruption (in

14 conjunction, as appropriate, with administrative en15 tities under subtitle B or with related programs

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

17 1501, et seq.), or both).

18 (c) PROGRAM AND ACTIVITY SELECTION AND DE19 SIGN.—In determining the programs and activities to re20 ceive funds allotted under subsection (a), the State shall

21 give first priority to the establishment of those programs

22 and activities which will provide job sites—

23 (1) within jurisdictions defined in section 204;

24 or
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1 (2) only after such priority is met by the State,

2 within areas in the State in which the rate of unem3 ployment is the highest.

4 In designing projects under this section, the State shall

5 evaluate projects on the basis of the severity and duration

6 of unemployment within localities in the State and the

7 level of need which exists for the activities and services

8 to be provided.

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

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

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

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

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

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

19 has, during such quarter, expended funds made available

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

22 Such report shall—

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

24 funds including—

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 race, sex, age, handicapped status,

6 and veteran status of participants; and

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

9 whether the State has used such funds in accordance

10 with the requirements of this Act.

11 Subtitle C—Employment Activities —Repair

12 and Renovation of Educational Facilities

13 PART A—ELEMENTARY AND SECONDARY

14 SCHOOL FACILITIES IMPROVEMENT JOBS.

15 SEC. 241. SCHOOL FACILITY REPAIR AND RENOVATION

16 PROJECTS.

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

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

19 eligible local education agency in an eligible jurisdiction

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

21 and activities (in accordance with the limitation on use

22 of funds set forth in section 204) providing employment

23 to eligible participants (qualifying under section 203) in

24 work on the repair, renovation, restoration or rehabilita-
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1 tion of the public school facilities of such local education

2 agency.

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 30 days of receipt of funds under

7 this part.

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

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

10 local procedures—

11 (1) for assisting State and local educational

12 agencies in bringing their public school facilities into

13 conformity with the requirements of—

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

15 known as the Architectural Barriers Act of

16 1968;

17 (B) section 504 of the Rehabilitation Act

18 of 1973;

19 (C) the Americans with Disabilities Act;

20 and

21 (D) environmental protection or health and

22 safety programs mandated by Federal, State or

23 local law, especially for those facilities which

24 were constructed before such requirements were

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

4 (3) for conversion of presently unused or

5 underused facilities into adult training centers or

6 preschool education centers, including Head Start

7 centers;

8 (4) for remodeling or renovating structures to

9 make them more energy efficient; or

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

13 (d) TRIBAL SCHOOL PROJECTS.—

14 (1) APPLICATION REQUIRED.—Funds made

15 available to the Secretary of the Interior shall be

16 made available, upon application, to Indian tribal

17 schools for purposes consistent with subsection (c),

18 and consistent with Federal and Tribal procedures.

19 Such applications shall contain a description of the

20 activities to be performed, with estimates of the

21 costs associated with such activities, and shall give

22 priority to the employment of Native Americans, and

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

24 (2) REGULATIONS.—The Secretary of the Inte25 rior shall, not later than 120 days after the date of
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1 enactment of this Act, promulgate regulations nec2 essary for the establishment of the program author3 ized under this subsection. In addition, The Sec4 retary of the Interior shall, during the 120-day pe5 riod and annually thereafter, establish by regulation

6 priorities for making grants under this subsection

7 which are consistent with subsection (c).

8 (3) COMPLIANCE WITH ALLOTMENT REQUIRE9 MENTS.—For purposes of section 242, the Depart10 ment of the Interior shall be considered as a State

11 educational agency.

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

14 relieve the Secretary of the Interior of the respon15 sibility to provide adequate and equitable funding

16 under the Snyder Act (25 U.S.C. 13) for the oper17 ations and maintenance of Indian tribal school facili18 ties.

19 SEC. 242. ALLOTMENT OF FUNDS.

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

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

22 shall reserve 2 percent for the allotment among Native

23 American eligible jurisdictions described in section

24 211(b)(4). Such reserved amount shall be allotted among

25 Native American eligible jurisdictions on an equitable
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1 basis, taking into account the extent to which regular em2 ployment opportunities have been lacking for long-term

3 periods among individuals within the jurisdiction of such

4 entities.

5 (b) LOCAL EDUCATIONAL AGENCY ALLOTMENTS.—

6 The remainder of the amount available for purposes of

7 this part for any fiscal year shall be allotted by the Sec8 retary among local educational agencies located within eli9 gible jurisdictions (as determined by section 211(b)) by

10 allocating to each such local educational agency an

11 amount that bears the same ratio to such remainder as

12 the allotment (under such 212(b)(2)) of the eligible juris13 diction within which it is located bears to the sum of the

14 allotments to all eligible jurisdictions under such section.

15 SEC. 243. REQUIREMENTS FOR RECEIPT OF ALLOTMENT.

16 (a) STATEMENT REQUIRED.—

17 (1) CONTENTS OF STATEMENT.—Each local

18 educational agency which desires to receive its allot19 ment under section 242 shall, within 30 days after

20 receiving notice of such allotment, submit to the Sec21 retary a statement—

22 (A) agreeing to use such funds only in ac23 cordance with the provisions of this Act; and

24 (B) agreeing to provide each of the quar25 terly reports required by subsection (c).
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1 (2) ACTION BY SECRETARY.—Within 30 days

2 after the final day for the submission of statements

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

4 the basis of only those local educational agencies

5 submitting such statements, make a final allotment

6 of funds in accordance with section 242, and shall

7 notify each such agency of the amount of its final

8 allotment.

9 (b) PAYMENTS OF ALLOTMENTS.—

10 (1) PROSPECTIVE PAYMENT RULE.—For fiscal

11 years beginning after the date of enactment of this

12 Act, the Secretary shall pay to each local educational

13 agency which has filed a statement in accordance

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

15 Such payments shall be made in equal installments

16 not later than 5 days after the beginning of each

17 quarter for which funds are available.

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

19 year which began prior to the date of enactment of

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

21 after the final allotment of funds for such fiscal year

22 under subsection (a)(2), pay to each local edu23 cational agency which has filed such a statement the

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

2 days after the end of each calendar quarter, each

3 local educational agency which has, during such

4 quarter, expended funds made available under this

5 part (in that or a preceding quarter) shall submit to

6 the Secretary a report on the use of such funds.

7 Such report shall—

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

9 funds including—

10 (A) the nature of employment activity;

11 (B) the wage rates paid; and

12 (C) the duration of employment;

13 (2) contain adequate data to evaluate the char14 acteristics of participants in programs under this

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

16 and veteran status of participants; and

17 (3) contain such other information as the Sec18 retary may specifically request in order to ascertain

19 whether the local educational agency has used such

20 funds in accordance with the requirements of this

21 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 B—HIGHER EDUCATION FACILITY

2 IMPROVEMENT PROJECTS

3 SEC. 251. ACADEMIC FACILITY REPAIR AND RENOVATION

4 PROJECTS.

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

6 available to any institution of higher education under this

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

8 and activities (in accordance with the limitation on the use

9 of funds set forth in section 204) providing employment

10 to eligible participants (qualifying under section 203) in

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

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

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

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

17 this part.

18 (c) PERMITTED USE OF FUNDS.—

19 (1) ELIGIBLE PROJECTS.—Funds allotted to

20 each State under section 252 shall be made available

21 through the higher education building agency of

22 such State, in accordance with its State plan under

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

24 1965, to assist institutions of higher education in

25 carrying out eligible projects under that title for the

26 repair, restoration, renovation, and rehabilitation of
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1 academic facilities and libraries if the primary pur2 pose of such assistance is—

3 (A) to enable such institutions to econo4 mize on the use of energy resources, with a pri5 ority for the use of coal, solar, and renewable

6 resources;

7 (B) to enable such institutions to bring

8 their academic facilities and libraries into con9 formity with the requirements of—

10 (i) the Act of August 12, 1968, com11 monly known as the Architectural Barriers

12 Act of 1968;

13 (ii) section 504 of the Rehabilitation

14 Act of 1973;

15 (iii) the Americans with Disabilities

16 Act; and

17 (iv) environmental protection or

18 health and safety programs mandated by

19 Federal, State or local law, especially for

20 those facilities which were constructed be21 fore such requirements were in effect;

22 (C) for the repair, renovation, restoration,

23 or rehabilitation of research and post secondary

24 technical training facilities, including electrical

25 rewiring for new technology;
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1 (D) for detecting, removing or otherwise

2 containing lead or asbestos in academic or other

3 facilities used by students.

4 (2) USE AT INSTITUTIONS LOCATED IN ELIGI5 BLE JURISDICTIONS.—Funds allotted under section

6 252 shall be made available only to institutions of

7 higher education that are located within eligible ju8 risdictions under section 211(b), except that the Sec9 retary may waive the requirements of this paragraph

10 for any State if there are no institutions of higher

11 learning located within any of the eligible jurisdic12 tions within such State.

13 (3) SELECTION OF ELIGIBLE PROJECTS.—In

14 selecting projects to be funded under this part, the

15 higher education building agency shall give priority

16 to projects at those institutions of higher edu17 cation—

18 (A) with the greatest proportion of stu19 dents receiving Pell grants under the Higher

20 Education Act of 1965; and

21 (B) which have not been able to obtain

22 funds for the performance of the project

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

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

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

4 shall reserve 2 percent for the allotment among Native

5 American eligible jurisdictions described in section

6 211(b)(4). Such reserved amount shall be allotted among

7 Native American eligible jurisdictions on an equitable

8 basis, taking into account the extent which regular em9 ployment opportunities have been lacking for long-term

10 periods among individuals within the jurisdiction of such

11 entities.

12 (b) STATE ALLOTMENTS.—The remainder of the

13 amount available for purposes of this part for any fiscal

14 year shall be allotted by the Secretary among the States

15 by allocating to each State an amount that bears the same

16 ratio to such remainder as the sum of the allotments

17 (under such 212(b)(2)) of the eligible jurisdiction within

18 such State bears to the sum of the allotments to all eligible

19 jurisdictions under such section.

20 (c) ADMINISTRATIVE COSTS.—From the amount al21 lotted to any State under subsection (a), the higher edu22 cation building agency shall reserve not more than 1 per23 cent thereof for its necessary administrative costs in carry24 ing out the purposes of this part.

25 SEC. 253. REQUIREMENTS FOR RECEIPT OF ALLOTMENT.

26 (a) STATEMENT REQUIRED.—
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1 (1) CONTENTS OF STATEMENT.—Each State

2 which desires to receive its allotment under section

3 252 shall, within 30 days after receiving notice of

4 such allotment, submit to the Secretary a state5 ment—

6 (A) designating a fiscal agent for the re7 ceipt of payments from such allotment;

8 (B) agreeing to use such funds only in ac9 cordance with the provisions of this Act; and

10 (C) agreeing to provide each of the quar11 terly reports required by subsection (c).

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

13 after the final day for the submission of statements

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

15 the basis of only those States submitting such state16 ments, make a final allotment of funds in accord17 ance with section 252, and shall notify each State of

18 the amount of its final allotment.

19 (b) PAYMENT OF ALLOTMENTS.—

20 (1) PROSPECTIVE PAYMENT RULE.—For fiscal

21 years beginning after the date of enactment of this

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

23 filed a statement in accordance with subsection (a)

24 its allotment for that fiscal year. Such payments

25 shall be made in equal installments not later than 5
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1 days after the beginning of each quarter for which

2 funds are available.

3 (2) PREVIOUS FISCAL YEAR.—For any fiscal

4 year which began prior to the date of enactment of

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

6 after the final allotment of funds for such fiscal year

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

8 filed such a statement the total amount of such al9 lotment.

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

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

12 has, during such quarter, expended funds made available

13 under this part (in that or a preceding quarter) shall sub14 mit to the Secretary a report on the use of such funds.

15 Such report shall—

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

17 funds including—

18 (A) the nature of the employment activity,

19 (B) the wage rates paid; and

20 (C) the duration of employment;

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

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

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

3 whether the State has used such funds in accordance

4 with the requirements of this Act.

5 (d) WITHHOLDING PROCEDURES.—The Secretary

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

7 any installment of an allotment except in accordance with

8 section 303.

9 PART C—SPECIAL DEFINITIONS FOR SUBTITLE C

10 SEC. 261. DEFINITIONS.

11 Notwithstanding section 305, for purposes of this

12 subtitle—

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

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

15 Elementary and Secondary Education Act of 1965;

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

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

19 (3) the term ‘‘higher education building author20 ity’’ has the meaning provided under 734(b) of the

21 Higher Education Act of 1965;

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

23 school operated by an Indian tribe under the Indian

24 Self-Determination and Education Assistance Act

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

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

3 the Higher Education Act of 1965.

4 PART D—AUTHORIZATION OF APPROPRIATIONS.

5 SEC. 271. AUTHORIZATION OF APPROPRIATIONS.

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

7 opportunities for unemployed individuals, under this title

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

9 for each of the fiscal year 1996, 1997, 1998, 1999, and

10 2000.

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

12 to be appropriated pursuant to subsection (a) for each fis13 cal year—

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

15 subtitle B;

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

17 part A of subtitle C; and

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

19 part B of subtitle C.

20 TITLE III—GENERAL PROVISIONS

21 SEC. 301. GENERAL REQUIREMENTS.

22 (a) DISCRIMINATION PROHIBITED.—

23 (1) EXCLUSION PROHIBITED.—No person shall

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

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

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

7 construction, operation, or maintenance of so much

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

9 purposes of as a place of religious worship.

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

11 terms and conditions affecting, or rights provided to,

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

16 (b) USE OF FUNDS SUPPLEMENTARY ACTIVITIES.—

17 Funds provided under this Act shall only be used for ac18 tivities which are in addition to those which would other19 wise be available in the area in the absence of such funds.

20 (c) SUBSTITUTION FOR GOVERNMENT PROGRAMS

21 PROHIBITED.—Except as provided in title I, no funds

22 made available under this Act for subsidized employment

23 may be provided to a private organization, institution, or

24 contractor to conduct any activities customarily performed
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1 by employees of a State, a political subdivision, or a local

2 educational agency in the area served by the program.

3 (d) SERVICE TO RESIDENTS.—Only individuals resid4 ing in the area of an eligible jurisdiction under title II

5 may participate in non-emergency activities funded under

6 such title, except that a recipient may permit participation

7 by homeless individuals who cannot prove residence within

8 the eligible jurisdiction.

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

11 employed in a position subsidized under this Act if such

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

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

17 unless such individual has moved to follows a spouse.

18 (f) POLITICAL ACTIVITIES PROHIBITED.—Financial

19 assistance under this shall not be provided for any pro20 gram which involves political activities.

21 (g) WAGE RATES.—

22 (1) MINIMUM OR PREVAILING HOURLY RATE

23 REQUIRED.—An individual in employment subsidized

24 under this Act shall be paid wages which shall not

25 be less than the highest of—
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1 (A) the minimum wage under section

2 6(a)(1) of the Fair Labor Standard Act of

3 1938;

4 (B) the minimum wage under appropriate

5 State or local minimum wage law; or

6 (C) the prevailing rate of pay for individ7 uals employed in similar occupations by the

8 same employer.

9 (2) MAXIMUM AVERAGE RATE.—The average

10 weekly portion of wages which may be paid to par11 ticipants from funds made available under this Act

12 for any fiscal year shall not exceed the amount de13 termined and published annually by the Secretary

14 before the beginning of such fiscal year. Such

15 amount shall be equal to—

16 (A) the national average weekly earnings

17 of production or nonsupervisory workers in pri18 vate, non-farm payrolls (as determined by the

19 Bureau of Labor Statistics for the most recent

20 12 months preceding such fiscal year for which

21 such determination is available);

22 (B) multiple by 75 percent; and

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

24 (3) SUPPLEMENTATION PERMITTED.—Partici25 pants employed under this Act may have their wages
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1 supplemented by the payment of additional wages

2 for such employment from sources other than this

3 Act.

4 (4) TIME OFF.—Participants employed under

5 this Act shall be allowed sufficient time off from

6 work activities to participate effectively in job search

7 activities.

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

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

10 flexible-time, and work-sharing employment cus11 tomarily offered by the employer, if such individuals

12 receive benefits customarily provided with respect to

13 such employment by the same employer.

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

15 shall maintain an individual work record for each

16 participant, to be provided to each participant at the

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

18 (A) a documentary history of the experi19 ence and skills acquired by such participant;

20 and

21 (B) a list of the major work tasks com22 pleted by each participant.

23 (h) EXPENDITURE SCHEDULE.—Any funds appro24 priated to carry out this Act which are allotted for any

25 fiscal year shall be available for expenditure by the recipi-
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1 ent during a period of one year from the date of payment

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

3 or canceled as long as the funds so allotted are expended

4 by the recipient within such one-year period. if any such

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

6 amount equal to such unexpended funds among other eli7 gible recipients in accordance with this Act.

8 (i) PROGRAM ABUSE REGULATIONS.—Regulations

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

10 Comprehensive Employment and Training Act as in effect

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

12 Act for the purpose of assuring against program abuses,

13 including, but not limited to, nepotism, conflicts-of-inter14 ests, the charging of fees in connection with participation

15 in the program, excessive or unreasonable legal fees, the

16 improper commingling of funds under this Act with funds

17 received from other sources, the failure to keep and main18 tain sufficient, auditable, or otherwise adequate records,

19 kickbacks, political patronage, violations of applicable

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

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

22 which are not directly related to the proper operation of

23 the program.

24 SEC. 302. LABOR STANDARDS.

25 (a) CONDITIONS AND BENEFITS.—
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1 (1) WORKING CONDITIONS.—Conditions of em2 ployment and training shall be appropriate and rea3 sonable in light of such factors as the type of work,

4 geographical region, and proficiency of the partici5 pant.

6 (2) HEALTH, SAFETY, AND DISABILITY REGU7 LATION.—The regulations (relating to health and

8 safety, and worker’s compensation) implementing

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

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

11 (3)) issued on March 15, 1993, shall apply to par12 ticipants under this Act.

13 (3) COMPARABLE BENEFITS AND CONDI14 TIONS.—All individuals while employed in subsidized

15 jobs under this Act shall be provided benefits and

16 working conditions at the same level and to the same

17 extent as other employees doing the same type of

18 work.

19 (4) RETIREMENT CONTRIBUTIONS PROHIB20 ITED.—No funds available under this Act may be

21 used for contributions on behalf of any participant

22 to retirement systems or plans. Nothing in this sub23 section shall relieve either a participant or a pro24 gram from the requirements of the Social Security

25 Act.
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1 (b) PROTECTION OF EXISTING WORKERS.—

2 (1) DISPLACEMENT PROHIBITED.—No cur3 rently employed worker shall be displaced by any

4 participant (including partial displacement such as a

5 reduction in the hours of nonovertime work, wages,

6 or employment benefits).

7 (2) IMPAIRMENT OF CONTRACTS AND AGREE8 MENTS PROHIBITED.—No program shall impair ex9 isting contracts for services or collective bargaining

10 agreements, except that no program under this Act

11 which would be inconsistent with the terms of a col12 lective bargaining agreement shall be undertaken

13 without the written concurrence of the labor organi14 zation and employer concerned.

15 (3) FILLING OF LAID-OFF-POSITIONS PROHIB16 ITED.—(A) No participant whose wages are sub17 sidized under this Act shall be employed or job open18 ing filled when any other individual is on layoff from

19 the same or any substantially equivalent job with the

20 project contractor or recipient of funds under this

21 Act.

22 (B) No participant whose wages are subsidized

23 under this Act shall be employed or a job opening

24 filled when, after the enactment of this Act, the em25 ployer terminates the employment of any regular
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1 unsubsidized employee in the same or any substan2 tially equivalent job or otherwise reduces the number

3 of regular unsubsidized employees in such jobs.

4 (4) PROMOTIONAL INFRINGEMENT PROHIB5 ITED.—No jobs shall be created in a promotional

6 line that will infringe in any way upon the pro7 motional opportunities of currently employed individ8 uals.

9 (c) COMPLIANCE REPORT.—

10 (1) SUBMISSION TO LABOR ORGANIZATIONS.—

11 Each quarterly report submitted pursuant to sec12 tions 212(c), 231(e), 243(c) or 253(c) shall be trans13 mitted by the recipient to any labor organization

14 representing government or private employees who

15 are engaged in similar work to that performed by

16 employees whose wages are subsidized under this

17 Act.

18 (2) CONTENTS OF REPORTS.—Each quarterly

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

20 243(c) or 253(c) which is subject to the require21 ments of paragraph (3) shall, with respect to each

22 government department in which subsidized employ23 ment is provided under this Act, set forth—

24 (A) the number of all regular employees of

25 such department—
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1 (i) during the quarter to which such

2 report applies; and

3 (ii) during the quarter preceding the

4 enactment of this Act; and

5 (B) the number of employees subsidized

6 under this Act in such department during each

7 quarter.

8 (3) ANALYSIS OF JOB REDUCTIONS RE9 QUIRED.—If, for two succeeding calendar quarters,

10 there have been an average decline of 5 percent or

11 more in the number of such unsubsidized employees

12 in any such department as compared to such num13 ber for the quarter described in paragraph 2(A)(ii),

14 such report shall include a statement identifying the

15 jobs which have been reduced and setting forth any

16 reasons that such reduction does not result from a

17 failure to comply with subsection (b) of this section.

18 (4) REVIEW.—Any such report which is re19 quired to contain such a statement shall be subject

20 to review in accordance with subsection (d).

21 (d) COMPLAINT PROCEDURE.—

22 (1) SUBMISSION OF COMPLAINTS.—Whenever

23 any employee, or labor organization representing em24 ployees of a government agency employing sub25 sidized employees under this Act submits to the Sec-
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1 retary a complaint alleging that section 301 or sub2 section (a) or (b) of this section has been violated,

3 a copy of such complaint shall be transmitted at the

4 same time to such government agency to review such

5 complaint and to submit a reply to the Secretary

6 within 15 days after receiving a copy of such com7 plaint.

8 (2) INVESTIGATION OF COMPLAINT.—An offi9 cial, who shall be designated by the Secretary, shall

10 review any report required to include a statement

11 specified in subsection (c)(3), or any complaint sub12 mitted in accordance with paragraph (1), to ascer13 tain the accuracy of the information set forth or al14 leged and to determine whether there is substantial

15 evidence that the affected activities fail to comply

16 with section 301 or subsection (a) or (b) of this sec17 tion.

18 (3) RECOMMENDATIONS.—The official so des19 ignated shall, within 45 days of the submission of

20 such report or complaint, submit recommendations

21 to the Inspector General of the Department of

22 Labor as to whether the report or complaint war23 rants investigation by the Office of the Inspector

24 General. After reviewing such recommendations, the

25 Inspector General shall undertake any investigations
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1 (including an audit, if appropriate) deemed to be so

2 warranted.

3 (4) DETERMINATIONS.—A determination of

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

5 has occurred shall be made after considering legiti6 mate basis for layoffs or terminations of employees

7 not subsidized under this Act within the same de8 partment or budget function, such as a shortfall of

9 revenues compared with expenditures despite main10 tenance of local tax effort, or the requirement of

11 governmental reorganizations or productivity im12 provements affecting work not performed by such

13 subsidized employees.

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

15 days after the report or complaint described in para16 graph (2) is submitted, the Inspector General’s find17 ings as to whether a failure to comply with section

18 301 and subsections (a) and (b) of this section has

19 occurred, shall be transmitted to the Secretary. The

20 Secretary shall, within 30 days after receiving the

21 Inspector General’s findings, issue a determination

22 as to whether a violation of section 301 or sub23 sections (a) or (b) of this section has occurred,

24 which shall constitute the final determination of the
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1 Secretary for purposes of chapters 5 and 7 of title

2 5, United States Code.

3 (e) LABOR ORGANIZATION.—

4 (1) USE FOR ORGANIZING OR DETERRING

5 UNIONS PROHIBITED.—Each recipient of funds

6 under this Act shall provide to the Secretary assur7 ances that none of such funds will be used to assist,

8 promote, or deter union organizing.

9 (2) CONSULTATION REQUIRED.—Where a labor

10 organization represents a substantial number of em11 ployees who are engaged in similar work or training

12 in the same area as that proposed to be funded

13 under this Act, an opportunity shall be provided for

14 such organization to submit comments with respect

15 to such proposal.

16 (f) DAVIS-BACON REQUIREMENTS.—

17 (1) PREVAILING WAGES REQUIRED.—All labors

18 and mechanics employed by contractors or sub19 contractors in any construction, alteration, or repair,

20 including painting and decorating, of projects, build21 ings, and works which are federally assisted under

22 this Act, shall be paid at rates not less than those

23 prevailing on similar construction in the locality as

24 determined by the Secretary in accordance with the

25 Act of March 3, 1931 (commonly know as the
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1 Davis-Bacon Act), as amended (40 U.S.C. 276a–

2 276a–5). The Secretary shall have with respect to

3 such labor standards, the authority and functions

4 set forth in Reorganization Plan Numbered 14 of

5 1950 (15 FR 3176; 64 Stat. 1267) and section 2 of

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

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

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

9 required to be paid to participants under this Act

10 unless they are employed in connection with projects

11 funded by this Act in whole or inpart, exclusive of

12 wages and benefits, or projects covered by any other

13 statute requiring the payment of such Davis-Bacon

14 Act wage rates.

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

16 (1) information concerning numbers of employ17 ees shall be reported in a manner consistent with the

18 reporting of information including the definitions of

19 terms) requested from governments by the Bureau

20 of the Census in the Survey of Government Employ21 ment for the 1982 Census of Governments, as au22 thorized in accordance with section 161 of title 13,

23 United States Code.
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1 (2) the term ‘‘government’’ means a State, a

2 local unit of general purpose governments, a public

3 agency, or a local educational agency; and

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

5 means any employee whose wages are paid in whole

6 or in part from non-Federal funds, but does not in7 clude any employee whose wages are paid in whole

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

9 SEC. 303. FISCAL CONTROLS; SANCTIONS.

10 (a) GAO REVIEW.—

11 (1) EVALUATION REQUIRED.—The Comptroller

12 General of the United States shall, on a selective

13 basis, evaluate the expenditures by the recipients

14 under this Act in order to assure that expenditures

15 are consistent with the provisions of this Act and to

16 determine the effectiveness of each recipient in ac17 complishing the purposes of this Act. The Comptrol18 ler General shall conduct the evaluations whenever

19 necessary and shall periodically (at least annually)

20 report to the Congress on the findings of such eval21 uations.

22 (2) IG RESPONSIBILITIES NOT AFFECTED.—

23 Nothing in this Act shall be deemed to relieve the

24 Inspector General of the Department of Labor or

25 the Inspector General of the Department of Edu-
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1 cation of their responsibilities under the Inspector

2 General Act.

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

4 evaluating and reviewing programs established or

5 provided for by this Act, the Comptroller General

6 shall have access to and the right to copy any books,

7 accounts, records, correspondence, or other docu8 ments pertinent to such programs that are in the

9 possession, custody, or control of any recipient of

10 funds under this Act, or any contractor or sub11 contractor of such recipients.

12 (b) REPAYMENT REQUIRED.—Every recipient shall

13 repay to the United States amounts found not to have

14 been properly expended in accordance with this Act. The

15 Secretary may offset such amounts against any other

16 amount in which the recipient is or may be entitled under

17 this Act, unless the Secretary determines that such recipi18 ent should be held liable pursuant to subsection (c). No

19 such action shall be taken except after notice and oppor20 tunity for a hearing having been given to the recipient.

21 (c) PROCEDURE FOR REPAYMENT.—

22 (1) STANDARD FOR REPAYMENT.—Each recipi23 ent shall be liable to repay such amounts, from

24 funds other than funds received under this Act,

25 upon a determination that the misexpenditure of
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1 funds was due to willful disregard of the require2 ments of this Act, gross negligence, or failure to ob3 serve accepted standards of administration. No such

4 finding shall be made except after notice and oppor5 tunity for a fair hearing.

6 (2) DETERMINATION REQUIRED.—In determin7 ing whether to impose any sanction authorized by

8 this section against a recipient for violations by a

9 subcontractor of such recipient under this Act, the

10 Secretary shall first determine whether such recipi11 ent has adequately demonstrated that it has—

12 (A) established and adhered to an appro13 priate system for the award and monitoring of

14 contracts with subcontractors which contains

15 acceptable standards for ensuring accountabil16 ity;

17 (B) entered into written contracts with

18 such subcontractors which establish clear goals

19 and obligations in unambiguous terms;

20 (C) acted with due diligence to monitor the

21 implementation of the contract, including the

22 carrying out of appropriate monitoring activities

23 (including audits) at reasonable intervals; and

24 (D) taken prompt and appropriate correc25 tive action upon becoming aware of any evi-
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1 dence of a violation of this Act by such sub2 contractor.

3 (3) WAIVER PERMITTED.—If the Secretary de4 termines that the recipient has demonstrated sub5 stantial compliance with the requirements of para6 graph (2), the Secretary may waive the imposition of

7 sanctions authorized by this section upon such recip8 ient. The Secretary is authorized to impose any

9 sanction consistent with the provisions of this Act

10 and of any applicable Federal or State law directly

11 against any subcontractor for violation of this Act.

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

13 if the Secretary determines it is necessary to protect the

14 integrity of the funds or ensure the proper operation of

15 the program, the Secretary may immediately terminate or

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

17 recipient is given prompt notification and the opportunity

18 for a subsequent hearing within 30 days after such termi19 nation or suspension. The Secretary shall not delegate any

20 of the functions or authority specified in this subsection,

21 other than to an officer whose appointment was required

22 to be made by the President of the United States and with

23 the advice and consent of the United States Senate.

24 (e) DISCRIMINATION REMEDIES.—If the Secretary

25 determines that any recipient of funds under this Act has
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1 discharged or in any manner discriminated against a par2 ticipant or against any individual in connection with the

3 administration of the program involved, or against any in4 dividual because such individual has filed any complaint

5 or instituted or caused to be instituted any proceeding

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

7 to testify in any such proceeding or investigation under

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

9 any individual a benefit which that individual is entitled

10 under the provisions of this Act, the Secretary shall, with11 in thirty days, take such action or order such corrective

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

13 the aggrieved individual, or both.

14 (f) ADDITIONAL REMEDIES.—The remedies under

15 this section shall not be construed to be exclusive rem16 edies.

17 (g) RECORD KEEPING.—Recipients shall maintain

18 records that are sufficient to permit the preparation of

19 reports required by this Act and to permit the tracing of

20 funds to a level of expenditure adequate to insure that

21 the funds have not been spent unlawfully.

22 (h) INVESTIGATIONS.—

23 (1) CONDUCT AUTHORIZED.—In order to en24 sure compliance with the provisions of this Act, the

25 Comptroller General of the United States may con-
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1 duct investigations of the use of funds received

2 under this Act by any recipient.

3 (2) USE OF EXISTING RECORDS.—In conduct4 ing any investigation under this Act, the Secretary

5 or the Comptroller General of the United States may

6 not request the compilation of any new information

7 not readily available to such recipient.

8 SEC. 304. JUDICIAL REVIEW.

9 (a) REVIEW PERMITTED.—

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

11 corrective action or sanction imposed under section

12 303 by the Secretary, any party to a proceeding

13 which resulted in such action or sanction may obtain

14 review of such action or sanction in the United

15 States Court of Appeals having jurisdiction over the

16 applicant or recipient of funds, by filing a review pe17 tition with the clerk of such Court within 30 days

18 of the issuance of a final order.

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

20 shall transmit a copy of the review petition to the

21 Secretary who shall file the record upon which the

22 action or sanction was entered as provided in section

23 2112 of title 28, United States Code. Review peti24 tions, unless ordered by the court, shall not stay the

25 Secretary’s action or sanction. Petitions under this
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1 section shall be heard expeditiously, if possible with2 in 10 days of the filing of a reply brief by the Sec3 retary.

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

5 to make and enter a decree affirming, modifying, or set6 ting aside the action or sanction of the Secretary in whole

7 or in part. The court’s judgment shall be final, subject

8 to certiorari review by the Untied States Supreme Court,

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

10 Code.

11 SEC. 305. DEFINITIONS.

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

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

14 means an individual who—

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

16 which receives, cash welfare payments under a

17 Federal, State or local welfare program;

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

19 has, received a total family income during the

20 6-month period prior to certification (exclusive

21 of unemployment compensation, child support

22 payments, and welfare payments) which, in re23 lation to family size, was not in excess of the

24 higher of—
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1 (i) the poverty level determined in ac2 cordance with criteria established by the

3 Director of the Office of Management and

4 Budget; or

5 (ii) 70 percent of the lower living

6 standard income level;

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

8 which receives, food stamps pursuant to the

9 Food Stamp Act of 1977;

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

11 State or local government payments are made;

12 or

13 (E) is a handicapped individual whose own

14 income meets the requirements of clause (A) or

15 (B), but who is a member of a family or house16 hold whose income does not meet such require17 ments;

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

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

20 the Higher Education Act of 1965;

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

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

23 Perkins Vocational Education Act;
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1 (4) the term ‘‘public library’’ has the meaning

2 provided under section 3 of the Library Services and

3 Construction Act;

4 (5) the term ‘‘recipient’’ means any eligible ad5 ministrative entity or State or local educational

6 agency or government entity receiving funds under

7 an allotment under part A of title II, and any State

8 higher education building agency or institution of

9 higher education receiving funds under an allotment

10 under part B of such title;

11 (6) except as specifically provided elsewhere in

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

13 of Labor, except that—

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

15 such term means the Secretary of Education;

16 and

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

18 and 305, such term means either the Secretary

19 of Labor or the Secretary of Education, which20 ever is appropriate;

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

22 States, the District of Columbia, the Commonwealth

23 of the Northern Mariana Islands, the Common24 wealth of Puerto Rico, American Samoa, Guam, the

25 Virgin Islands of the United States, the Federated
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1 States of Micronesia, the Republic of the Marshall

2 Islands, and Palau;

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

4 individuals aged 16 or older who are without jobs

5 and who want or are available for work, as deter6 mined in accordance with criteria used by the Bu7 reau of Labor Statistics of the Department of Labor

8 in defining individuals as unemployed, but such cri9 teria shall not be applied differently on account of

10 an individual’s previous employment; and

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

12 any city, town, township, parish, or (except in Con13 necticut, Massachusetts, Rhode Island and Vermont)

14 county which is a general purpose political subdivi15 sion of a State that has the power to levy taxes and

16 expend funds, as well as general corporate and police

17 powers.

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

19 purposes of this Act with respect to population, civilian

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

21 most satisfactory current data available on a seasonally

22 adjusted basis.

23 (c) COMPUTATIONS.—For the purposes of computa24 tions of the number of unemployed individuals in a State,

25 county, or eligible administrative entity, the Secretary
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1 shall determine the average number of individuals who

2 were unemployed during the most recent 12 months pre3 ceding the determination for which satisfactory data is

4 available.

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