I

105TH CONGRESS

1ST SESSION H. R. 950

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

MARCH 5, 1997

Mr. MARTINEZ (for himself, Mr. DELLUMS, Ms. VELA ́ZQUEZ, Mr. SERRANO,

Mr. FILNER, Mr. TORRES, Mr. NADLER, Mr. RUSH, Mr. FOGLIETTA, Mr.

MANTON, Ms. WATERS, Mr. OWENS, Mr. FATTAH, Mr. RANGEL, Mr.

MCDERMOTT, Mr. TOWNS, Mr. FLAKE, Mr. ENGEL, Mrs. MALONEY of

New York, Mr. ANDREWS, Ms. ROYBAL-ALLARD, Mr. ACKERMAN, Ms.

SANCHEZ, Mr. HINCHEY, Mr. SCOTT, Mr. LANTOS, Mr. BROWN of California, Ms. DELAURO, Mr. PAYNE, Mr. DAVIS of Illinois, and Mr.

DIXON) introduced the following bill; which was referred to the Committee on Education and the Workforce, 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,
2

•HR 950 IH

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Job Creation and In3 frastructure Restoration Act of 1997’’.

4 SEC. 2. FINDINGS.

5 Congress finds the following:

6 (a) That the investments made during the

7 1930’s, 1940’s, and 1950’s in the infrastructure of

8 the United States through the Roosevelt public

9 works programs, the National Highway Act under

10 President Eisenhower, and other major efforts, led

11 to the greatest period of economic recovery and sus12 tained level of economic growth in the first 150

13 years of our Nation’s existence.

14 (b) That the Nation’s infrastructure has suf15 fered greatly over the past three decades because of

16 the failure of the Federal Government to ensure re17 newal and restoration of roads, bridges, public build18 ings, public lands, and other public assets.

19 (c) The lack of resources for the maintenance

20 of the infrastructure during this period has led to

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

22 areas, with consequent increased unemployment and

23 a reduction in the quality of life for residents of af24 fected areas.

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

26 both the public buildings and other assets, and the
3

•HR 950 IH

1 jobs and job skills needed to ensure that those assets

2 are available for use by future generations and for

3 any defense needs the country may face in the

4 future.

5 (e) Policies at the Federal level have dem6 onstrated diminished concern for the infrastructure

7 needs of the communities of the Nation and a shift8 ing of the burden for maintenance and creation of

9 highways, bridges, mass transit, and other infra10 structure on to local governments, in addition to the

11 burden for local needs (such as public safety, edu12 cation, health, and public welfare) that those juris13 dictions bear, thereby stretching already shrinking

14 resources beyond the capabilities of those govern15 ments to address these needs.

16 (f) Federal incentives that are specifically

17 linked to the development of jobs, and renewal of

18 important job skills will help reverse the trend to

19 continued erosion of the Nation’s infrastructure.

20 (g) Economic growth rates and future efficiency

21 and competitiveness of the national economy will be

22 substantially enhanced by programs of Federal Gov23 ernment assistance to State and local governments

24 to construct and rehabilitate the Nation’s economic

25 infrastructure.
4

•HR 950 IH

1 (h) Efforts to reform the welfare system are

2 based on the assumption that there will be jobs

3 available in the public and private sectors for cur4 rent welfare recipients, and for noncustodial parents

5 whose responsibilities include providing financial

6 support to their children.

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

8 the Federal Government to create career jobs that

9 provide a living wage, efforts to reform the welfare

10 system are doomed to failure.

11 (j) The creation of living wage jobs in conjunc12 tion with a large and sustained public works infra13 structure renewal program will reap significant re14 wards in direct tax payments at all levels of govern15 ment, increased economic expansion for the country,

16 and substantial reductions in the outlays for unem17 ployment support, welfare, Medicaid, and other gov18 ernment expenditures and will also lessen the burden

19 on government expenditures that result from lack of

20 employment for those at risk of entering a life of

21 crime.
5

•HR 950 IH

1 TITLE I—DEPARTMENT OF COMMERCE

2 GRANTS

3 SEC. 101. DEFINITIONS.

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

5 apply:

6 (1) SECRETARY.—The term ‘‘Secretary’’ means

7 the Secretary of Commerce, acting through the Eco8 nomic Development Administration.

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

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

11 or other political subdivision of a State, and any In12 dian tribe.

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

14 includes water and sewer lines, streets and roads,

15 water and sewage treatment plants or facilities, port

16 facilities, police and fire stations, detention centers,

17 schools, health facilities, industrial research or devel18 opment parks, research facilities at institutions of

19 higher learning, and other projects the Secretary de20 termines to be appropriate.

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

22 several States, the District of Columbia, the Com23 monwealth of Puerto Rico, the Virgin Islands of the

24 United States, Guam, American Samoa, and the

25 Commonwealth of the Northern Marianas.
6

•HR 950 IH

1 SEC. 102. DIRECT GRANTS.

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

3 make grants to any State or local government for the con4 struction (including demolition and other site preparation

5 activities), renovation, repair, restoration, or other im6 provement of local public works projects, including those

7 public works projects of State and local governments for

8 which Federal financial assistance is authorized under

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

10 extent appropriate, the Secretary may coordinate with

11 other Federal agencies in assessing grant requests, and

12 in providing appropriate levels of support.

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

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

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

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

17 be made pursuant to this section after the expiration of

18 any 3-consecutive month period during which the national

19 unemployment rate remained below 5 percent for each

20 such month, or after September 30, 2001, whichever first

21 occurs.

22 SEC. 103. ALLOCATION OF FUNDS; PREFERENCES.

23 (a) ALLOCATION OF FUNDS.—The Secretary shall al24 locate funds appropriated pursuant to section 106 of this

25 title as follows:
7

•HR 950 IH

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

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

3 expended only for grants for public works projects

4 under this title to Indian tribes and Alaskan Native

5 villages. None of the remainder of such funds shall

6 be expended for such grants to such tribes and vil7 lages.

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

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

10 percent of such funds shall be allocated among the

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

12 unemployed persons in each State bears to the total

13 number of unemployed persons in all the States and

14 40 percent of such funds shall be allocated among

15 those States with an average unemployment rate for

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

17 on the basis of the relative severity of unemployment

18 in each such State, except that no State shall be al19 located less than three-quarters of one percent or

20 more than 12 percent of such funds for local public

21 works projects within such State, except that in the

22 case of Guam, the Virgin Islands of the United

23 States, American Samoa, and the Commonwealth of

24 the Northern Marianas, not less than one-half of one
8

•HR 950 IH

1 percent in the aggregate shall be allocated for such

2 projects in all four of such territories.

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

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

5 set aside and shall be expended only for grants for

6 public works projects under this title for units of

7 local government with populations under 10,000

8 persons.

9 (4) DEVELOPMENT AND ADMINISTRATION.—Up

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

11 award will be available for project development and

12 preparation, and for ongoing project administration.

13 This allocation shall be available for local units of

14 government defined as nonentitlement under the

15 Housing and Urban Development Community Devel16 opment Block Grant Program. Such allocation shall

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

18 any event.

19 (b) PREFERENCES.—

20 (1) LOCAL GOVERNMENT PROJECTS.—In mak21 ing grants under this title, the Secretary shall give

22 priority to public works projects of local govern23 ments that will employ residents of such grantees

24 who are experienced, apprentice or novice workers in

25 construction activities.
9

•HR 950 IH

1 (2) LOCALLY ENDORSED PROJECTS.—In mak2 ing grants under this title, the Secretary shall also

3 give priority to any public works projects requested

4 by a State or by a special purpose unit of local gov5 ernment which is endorsed by a general purpose

6 local government within such State.

7 (3) SCHOOL DISTRICT PROJECT.—A project re8 quested by a school district shall be accorded the full

9 priority and preference to public works projects of

10 local governments provided in this subsection.

11 (4) APPLIED INDUSTRIAL RESEARCH

12 PROJECTS.—A project that creates or adds to an ap13 plied industrial research facility at an institution of

14 higher education, and which facility is intended to

15 promote the development of new products and proc16 esses, or that the Secretary determines will improve

17 the competitiveness of American industry shall be

18 accorded full priority and preference. For projects

19 under this section, matching funds requirements

20 shall be waived if the company or companies and the

21 institution involved commit, in the Secretary’s deter22 mination, to undertake all future equipment and

23 maintenance expenses for the project.

24 (c) HIGH UNEMPLOYMENT RATES.—
10

•HR 950 IH

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

2 title, if for the 12 most recent consecutive months

3 the average national unemployment rate in the con4 struction trades is equal to or exceeds 8 percent, the

5 Secretary shall (A) expedite and give priority to ap6 plications submitted by States or local governments

7 having average unemployment rates for the 12 most

8 recent consecutive months in excess of the average

9 national unemployment rates for the construction

10 trades, and (B) shall give priority thereafter to ap11 plications submitted by States or local governments

12 having average unemployment rates for construction

13 trades for the 12 most recent consecutive months in

14 excess of 6 percent, but less than the average na15 tional unemployment rate for such construction

16 trades.

17 (2) INFORMATION REGARDING UNEMPLOYMENT

18 RATES.—Information regarding unemployment rates

19 may be furnished either by the Federal Government,

20 or by States or local governments, provided the Sec21 retary (A) determines that the unemployment rates

22 furnished by States or local governments are accu23 rate, and (B) shall provide assistance to State or

24 local governments in the calculation of such rates to

25 assure validity and standardization.
11

•HR 950 IH

1 (3) LIMITATION ON APPLICABILITY.—Para2 graph (1) of this subsection shall not apply to any

3 State which receives a minimum allocation pursuant

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

5 (d) STATE AND LOCAL PRIORITIZATION OF APPLICA6 TIONS.—Whenever a State or local government submits

7 applications for grants under this title for 2 or more

8 projects, such State or local government shall submit as

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

10 (e) LOCALIZATION OF UNEMPLOYMENT DETERMINA11 TIONS.—The local unemployment rate of construction

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

13 request of the applicant, be based upon the unemployment

14 rate of any community or neighborhood (defined without

15 regard to political or other subdivisions or boundaries)

16 within the jurisdiction of such local governments.

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

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

19 than 30 days after the date of enactment of this title, pre20 scribe those rules, regulations, and procedures (including

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

22 rules, regulations, and procedures shall assure that ade23 quate consideration is given to the relative needs of var24 ious sections of the country. The Secretary shall consider

25 among other factors—
12

•HR 950 IH

1 (1) the severity and duration of unemployment

2 in proposed project areas;

3 (2) the income levels and extent of under4 employment in proposed project areas;

5 (3) the extent to which proposed projects will

6 contribute to increased employment in the construc7 tion trades and to future economic growth; and

8 (4) the needs of proposed project areas to re9 cover from natural or other disaster which has af10 fected the infrastructure of such area.

11 (b) CONSIDERATION OF APPLICATIONS.—The Sec12 retary shall make a final determination with respect to

13 each application for a grant submitted under this title not

14 later than the 60th day after the date the Secretary re15 ceives such application.

16 (c) CONSIDERATION OF CONSTRUCTION INDUSTRY

17 EMPLOYMENT.—For purposes of this section, in consider18 ing the extent of unemployment or underemployment, the

19 Secretary shall consider the amount of unemployment or

20 underemployment in the construction and construction21 related industries.

22 SEC. 105. GENERAL LIMITATION.

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

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

25 acquisition of any interest in real property.
13

•HR 950 IH

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

2 shall be construed to authorize the payment of routine

3 scheduled maintenance costs in connection with any

4 projects constructed (in whole or in part) with Federal fi5 nancial assistance under this title.

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

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

8 the applicant gives satisfactory assurances, in such man9 ner and form as may be required by the Secretary and

10 in accordance with such terms and conditions as the Sec11 retary may prescribe that, if funds are available, onsite

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

13 (d) CONTRACTING.—

14 (1) COMPETITIVE BIDDING.—

15 (A) Construction projects performed under

16 contract with funds made available under this

17 title shall be performed by contract awarded by

18 competitive bidding, unless the Secretary shall

19 affirmatively find that, under the circumstances

20 related to such project, an alternative method is

21 in the public interest. It is in the public interest

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

24 shall produce a product of highest quality.
14

•HR 950 IH

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 (2) 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
15

•HR 950 IH

1 bidder meeting the established criteria of responsibil2 ity, subject to subsection (c) of this section.

3 (3) 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
16

•HR 950 IH

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 1998, 1999, and 2000

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
17

•HR 950 IH

1 1998 shall be deemed to be emergency spending under sec2 tion 251(b)(2)(D) of the Balanced Budget and Emergency

3 Deficit Control Act of 1985.

4 TITLE II—PUBLIC WORKS AND JOB

5 RESTORATION

6 Subtitle A—Jobs 2000

7 SEC. 201. SHORT TITLE.

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

9 1997’’.

10 SEC. 202. PURPOSE.

11 It is the purpose of this subtitle to develop and pro12 vide useful and productive opportunities for unemployed

13 and underemployed people, especially young people,

14 through payments for labor and related costs associated

15 with the construction, repair or rehabilitation of essential

16 community and educational facilities; with the reclama17 tion, improvement and conservation of public lands; and

18 with the creation, repair, rehabilitation and restoration of

19 public safety, public transportation, health, social services,

20 and recreation facilities and other activities necessary to

21 the public welfare.

22 SEC. 203. ELIGIBLE PARTICIPANTS.

23 (a) GENERAL ELIGIBILITY REQUIREMENTS.—An in24 dividual shall be eligible to participate in a program,
18

•HR 950 IH

1 project or activity receiving funds under this subtitle only

2 if such individual—

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

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

5 enrollment, and

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

7 immediately preceding the date of such enrollment,

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

9 section and section 222. Individuals may be certified

10 for purposes of this section in accordance with pro11 cedures agreed to by the eligible administrative en12 tity and established in regulations established by the

13 Secretary.

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

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

16 funds made available under this subtitle in excess of 52

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

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

20 may be subsidized for the first 26 weeks.

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

22 may be subsidized for the next 13 weeks, and

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

24 may be subsidized for the next 13 weeks.
19

•HR 950 IH

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

2 of participants for activities under this subtitle, priority

3 shall be given to individuals who—

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

5 are otherwise not eligible for unemployment benefits,

6 particularly—

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

9 the date of their selection;

10 (B) those residing in households in which

11 no other member is employed on a full-time

12 basis;

13 (C) those individuals who are or were

14 qualified participants in a Trade Adjustment

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

17 closure, factory closure or other job loss due to

18 economic factors;

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

21 highest levels of unemployment or underemploy22 ment; and

23 (2) (except for individuals described in subpara24 graph (D)) have been employed within the past 2
20

•HR 950 IH

1 years by the employer that is providing the sub2 sidized job position.

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

5 give special consideration to applicants who are—

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

9 (2) noncustodial parents of one or more non10 dependent children who are recipients of assistance

11 under title IV of the Social Security Act, but only

12 if said applicants agree in writing to the withholding

13 of an appropriate portion of their wages to be ap14 plied to the support of said child or children under

15 any child support order.

16 (e) SPECIAL CONSIDERATION FOR VETERANS.—With

17 regard to services to veterans provided under section

18 210(a)(3)(N), special consideration in selecting partici19 pants for employment in such activities shall be given to

20 veterans who otherwise meet the eligibility requirements

21 of this section.

22 (f) EQUAL EMPLOYMENT OPPORTUNITIES.—In cer23 tifying eligible participants under subsection (a) and in re24 ferring them for employment to recipients under subtitles

25 B and C, the administrative entity shall be responsible for
21

•HR 950 IH

1 ensuring equal employment opportunities and the full par2 ticipation of traditionally underrepresented groups, includ3 ing women and racial and ethnic minorities, in employ4 ment provided with funds made available under this title.

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

6 responsible for ensuring such opportunities and full par7 ticipation in the selection of eligible participants for such

8 employment.

9 SEC. 204. LIMITATION ON USE OF FUNDS.

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

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

12 recipient under subtitles B and C from funds appropriated

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

14 used to provide for wages and related employment benefits

15 to eligible participants for work which the recipient cer16 tifies has been performed in one or more of the activities

17 authorized under this title.

18 (b) LIMITATION ON ADMINISTRATIVE COSTS.—Not

19 more than 10 percent of the funds provided to any recipi20 ent under this title from funds appropriated for any fiscal

21 year may be used for the costs of administration.

22 (c) ACQUISITION OF TOOLS, EQUIPMENT, AND MA23 TERIALS.—The remainder of the funds provided to any

24 recipient under this title from funds appropriated for any
22

•HR 950 IH

1 fiscal year (after compliance with subsection (a) and de2 duction of costs of administration permitted by subsection

3 (b)) may be used for the acquisition of supplies, tools,

4 equipment, and other materials directly related to the pur5 pose for which the funds were provided.

6 (d) USE OF OTHER FUNDS.—

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

8 this Act shall be construed to preclude or limit the

9 payment of the costs of administration or the costs

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

13 sources or from Federal sources other than under

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

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

16 5306).

17 (2) BUY AMERICA REQUIREMENT.—In designat18 ing projects under this Act, the recipient shall, to

19 the extent feasible, ensure that supplies, tools, equip20 ment, or other materials purchased or procured (in

21 accordance with paragraph (1)) have been manufac22 tured, mined, or produced in the United States, un23 less such supply, tool, equipment, or material is not

24 available in reasonable quantity and quality as re25 quired to fulfill the needs of such project or activity.
23

•HR 950 IH

1 (e) TRAINING COST EXCEPTION.—Notwithstanding

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

3 used for costs associated with training and related support

4 for a number of participants if—

5 (1) employers have made commitments to fill

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

8 (2) the recipient has entered into an agreement

9 for the provision of such training to participants

10 with one or more of the following: an Apprenticeship

11 Training program which is certified by the Depart12 ment of Labor for the construction industry and

13 meets Federal standards for apprenticeship training;

14 an administrative entity designated under section

15 103(b)(1)(B) of the Job Training Partnership Act

16 (29 U.S.C. 1513(b)(1)(B)), a local educational agen17 cy, a vocational education school, an institution of

18 higher education, a community-based organization, a

19 community action agency, a community development

20 corporation, or other qualified public or private non21 profit provider of training services; and

22 (3) the costs associated with providing such

23 training and related support to any participant from

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

25 weekly basis, the maximum wage which may be paid
24

•HR 950 IH

1 with funds available under this Act in accordance

2 with section 301(g)(2).

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

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

5 be used to pay salaries or wages to administrative or su6 pervisory employees—

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

8 salaries or wages paid to employees performing com9 parable functions for the same employer; or

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

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

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

13 employees of the Federal Government.

14 Subtitle B—Employment in Support of

15 Community Renewal

16 PART A—COMMUNITY IMPROVEMENT PROJECTS.

17 SEC. 210. EMPLOYMENT IN COMMUNITY IMPROVEMENT

18 PROJECTS.

19 (a) QUALIFIED ACTIVITIES.—Eligible participants

20 shall be employed in community improvement projects

21 under this subtitle in one or more of the following

22 activities:

23 (1) Repair, rehabilitation, or improvement of

24 public facilities, including—

25 (A) street, highway or road repair;
25

•HR 950 IH

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

2 pedestrian overpasses or underpasses;

3 (C) rehabilitation or repair of community

4 facilities, such as public libraries or other public

5 buildings;

6 (D) rehabilitation, repair and moderniza7 tion of public housing;

8 (E) water development projects and repair

9 of water systems,

10 (F) repair and rehabilitation of public

11 mass transit systems;

12 (G) erecting and replacing school crossing,

13 intersection and other road surfaces or sign

14 markings and removing road or public sidewalk

15 obstructions;

16 (H) rehabilitation of public playgrounds

17 and parks;

18 (I) installation and repair of drainage

19 pipes, catch basins or other portions of systems

20 to control potential flooding;

21 (J) installation of graded ramps and as22 sistance devices such as handrails for the handi23 capped; and

24 (K) weatherization and other energy con25 servation activities.
26

•HR 950 IH

1 (2) Activities to conserve, restore, rehabilitate

2 or improve public lands, including—

3 (A) erosion, fire, flood, drought, earth4 quake, and storm damage prevention, assist5 ance, and control;

6 (B) removal of refuse and hazardous mate7 rials from drainage ditches, illegal dumping

8 sites, and other public areas;

9 (C) stream, lake and waterfront harbor

10 and port improvements and pollution control;

11 (D) nursery, forestry and silvicultural op12 erations,

13 (E) reclamation activities on public lands

14 that have been stripmined or subjected to other

15 mineral extraction activities;

16 (F) fish culture and habitat maintenance

17 and improvement and other fishery assistance;

18 (G) rehabilitation, improvement and con19 servation of rangelands;

20 (H) urban revitalization and historical and

21 cultural site preservation;

22 (I) road and trail maintenance and im23 provement;

24 (J) improvement and reuse of abandoned

25 railroad bed and right-of-way; and
27

•HR 950 IH

1 (K) renewable resource enhancement, en2 ergy conservation projects and recovery of

3 biomass.

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;
28

•HR 950 IH

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,

10 including 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.
29

•HR 950 IH

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
30

•HR 950 IH

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.
31

•HR 950 IH

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
32

•HR 950 IH

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
33

•HR 950 IH

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.—
34

•HR 950 IH

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.
35

•HR 950 IH

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.—
36

•HR 950 IH

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.—
37

•HR 950 IH

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
38

•HR 950 IH

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;
39

•HR 950 IH

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—
40

•HR 950 IH

1 (1) each project for which a grant is made

2 which is performed by contract shall be awarded by

3 competitive bidding, unless the Secretary shall af4 firmatively find that, under the circumstances relat5 ed to such project, an alternative method is in the

6 public interest. It is in the public interest that tax7 funded projects shall be performed efficiently, with

8 a high level of productivity, and shall produce a

9 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
41

•HR 950 IH

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.
42

•HR 950 IH

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.
43

•HR 950 IH

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.
44

•HR 950 IH

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
45

•HR 950 IH

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
46

•HR 950 IH

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;
47

•HR 950 IH

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
48

•HR 950 IH

1 work on the repair, renovation, restoration or rehabilita2 tion of the public school facilities of such local education

3 agency.

4 (b) USE OF QUICK-START PROJECTS.—To the maxi5 mum extent feasible, funds made available under this part

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

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

8 this part.

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

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

11 local procedures—

12 (1) for assisting State and local educational

13 agencies in bringing their public school facilities into

14 conformity with the requirements of—

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

16 known as the Architectural Barriers Act of

17 1968;

18 (B) section 504 of the Rehabilitation Act

19 of 1973;

20 (C) the Americans with Disabilities Act;

21 and

22 (D) environmental protection or health and

23 safety programs mandated by Federal, State or

24 local law, especially for those facilities which
49

•HR 950 IH

1 were constructed before such requirements were

2 in effect;

3 (2) for the repair, renovation, restoration, or re4 habilitation of public school facilities, including elec5 trical rewiring for new technology;

6 (3) for conversion of presently unused or

7 underused facilities into adult training centers or

8 preschool education centers, including Head Start

9 centers;

10 (4) for remodeling or renovating structures to

11 make them more energy efficient; or

12 (5) for detecting, removing or otherwise con13 taining lead or asbestos in academic or other facili14 ties used by students.

15 (d) TRIBAL SCHOOL PROJECTS.—

16 (1) APPLICATION REQUIRED.—Funds made

17 available to the Secretary of the Interior shall be

18 made available, upon application, to Indian tribal

19 schools for purposes consistent with subsection (c),

20 and consistent with Federal and Tribal procedures.

21 Such applications shall contain a description of the

22 activities to be performed, with estimates of the

23 costs associated with such activities, and shall give

24 priority to the employment of Native Americans, and

25 to the activities described in subsection (c)(1).
50

•HR 950 IH

1 (2) REGULATIONS.—The Secretary of the Inte2 rior shall, not later than 120 days after the date of

3 enactment of this Act, promulgate regulations nec4 essary for the establishment of the program author5 ized under this subsection. In addition, the Secretary

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

7 annually thereafter, establish by regulation priorities

8 for making grants under this subsection which are

9 consistent with subsection (c).

10 (3) COMPLIANCE WITH ALLOTMENT REQUIRE11 MENTS.—For purposes of section 242, the Depart12 ment of the Interior shall be considered as a State

13 educational agency.

14 (4) RULE OF CONSTRUCTION.—Nothing con15 tained in this subsection shall be construed so as to

16 relieve the Secretary of the Interior of the respon17 sibility to provide adequate and equitable funding

18 under the Snyder Act (25 U.S.C. 13) for the oper19 ations and maintenance of Indian tribal school facili20 ties.

21 SEC. 242. ALLOTMENT OF FUNDS.

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

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

24 shall reserve 2 percent for the allotment among Native

25 American eligible jurisdictions described in section
51

•HR 950 IH

1 211(b)(4). Such reserved amount shall be allotted among

2 Native American eligible jurisdictions on an equitable

3 basis, taking into account the extent to which regular em4 ployment opportunities have been lacking for long-term

5 periods among individuals within the jurisdiction of such

6 entities.

7 (b) LOCAL EDUCATIONAL AGENCY ALLOTMENTS.—

8 The remainder of the amount available for purposes of

9 this part for any fiscal year shall be allotted by the Sec10 retary among local educational agencies located within eli11 gible jurisdictions (as determined by section 211(b)) by

12 allocating to each such local educational agency an

13 amount that bears the same ratio to such remainder as

14 the allotment (under section 212(b)(2)) of the eligible ju15 risdiction within which it is located bears to the sum of

16 the allotments to all eligible jurisdictions under such sec17 tion.

18 SEC. 243. REQUIREMENTS FOR RECEIPT OF ALLOTMENT.

19 (a) STATEMENT REQUIRED.—

20 (1) CONTENTS OF STATEMENT.—Each local

21 educational agency which desires to receive its allot22 ment under section 242 shall, within 30 days after

23 receiving notice of such allotment, submit to the Sec24 retary a statement—
52

•HR 950 IH

1 (A) agreeing to use such funds only in ac2 cordance with the provisions of this Act; and

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

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

6 after the final day for the submission of statements

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

8 the basis of only those local educational agencies

9 submitting such statements, make a final allotment

10 of funds in accordance with section 242, and shall

11 notify each such agency of the amount of its final

12 allotment.

13 (b) PAYMENTS OF ALLOTMENTS.—

14 (1) PROSPECTIVE PAYMENT RULE.—For fiscal

15 years beginning after the date of enactment of this

16 Act, the Secretary shall pay to each local educational

17 agency which has filed a statement in accordance

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

19 Such payments shall be made in equal installments

20 not later than 5 days after the beginning of each

21 quarter for which funds are available.

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

23 year which began prior to the date of enactment of

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

25 after the final allotment of funds for such fiscal year
53

•HR 950 IH

1 under subsection (a)(2), pay to each local edu2 cational agency which has filed such a statement the

3 total amount of such allotment.

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

5 after the end of each calendar quarter, each local edu6 cational agency which has, during such quarter, expended

7 funds made available under this part (in that or a preced8 ing quarter) shall submit to the Secretary a report on the

9 use of such funds. Such report shall—

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

11 funds including—

12 (A) the nature of employment activity;

13 (B) the wage rates paid; and

14 (C) the duration of employment;

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

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

18 and veteran status of participants; and

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

21 whether the local educational agency has used such

22 funds in accordance with the requirements of this

23 Act.

24 (d) WITHHOLDING PROCEDURES.—The Secretary

25 may not withhold, suspend, or terminate the payment of
54

•HR 950 IH

1 any installment of an allotment except in accordance with

2 section 303.

3 PART B—HIGHER EDUCATION FACILITY

4 IMPROVEMENT PROJECTS

5 SEC. 251. ACADEMIC FACILITY REPAIR AND RENOVATION

6 PROJECTS.

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

8 available to any institution of higher education under this

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

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

11 of funds set forth in section 204) providing employment

12 to eligible participants (qualifying under section 203) in

13 work on the repair, restoration, renovation or rehabilita14 tion of the academic facilities of such institution.

15 (b) USE OF QUICK-START PROJECTS.—To the maxi16 mum extent feasible, funds made available under this part

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

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

19 this part.

20 (c) PERMITTED USE OF FUNDS.—

21 (1) ELIGIBLE PROJECTS.—Funds allotted to

22 each State under section 252 shall be made available

23 through the higher education building agency of

24 such State, in accordance with its State plan under

25 part A of title VII of the Higher Education Act of
55

•HR 950 IH

1 1965, to assist institutions of higher education in

2 carrying out eligible projects under that title for the

3 repair, restoration, renovation, and rehabilitation of

4 academic facilities and libraries if the primary pur5 pose of such assistance is—

6 (A) to enable such institutions to econo7 mize on the use of energy resources, with a pri8 ority for the use of coal, solar, and renewable

9 resources;

10 (B) to enable such institutions to bring

11 their academic facilities and libraries into con12 formity with the requirements of—

13 (i) the Act of August 12, 1968, com14 monly known as the Architectural Barriers

15 Act of 1968;

16 (ii) section 504 of the Rehabilitation

17 Act of 1973;

18 (iii) the Americans with Disabilities

19 Act; and

20 (iv) environmental protection or

21 health and safety programs mandated by

22 Federal, State or local law, especially for

23 those facilities which were constructed be24 fore such requirements were in effect;
56

•HR 950 IH

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

2 or rehabilitation of research and post secondary

3 technical training facilities, including electrical

4 rewiring for new technology;

5 (D) for detecting, removing or otherwise

6 containing lead or asbestos in academic or other

7 facilities used by students.

8 (2) USE AT INSTITUTIONS LOCATED IN ELIGI9 BLE JURISDICTIONS.—Funds allotted under section

10 252 shall be made available only to institutions of

11 higher education that are located within eligible ju12 risdictions under section 211(b), except that the Sec13 retary may waive the requirements of this paragraph

14 for any State if there are no institutions of higher

15 learning located within any of the eligible jurisdic16 tions within such State.

17 (3) SELECTION OF ELIGIBLE PROJECTS.—In

18 selecting projects to be funded under this part, the

19 higher education building agency shall give priority

20 to projects at those institutions of higher edu21 cation—

22 (A) with the greatest proportion of stu23 dents receiving Pell grants under the Higher

24 Education Act of 1965; and
57

•HR 950 IH

1 (B) which have not been able to obtain

2 funds for the performance of the project

3 through the sale of bonds or other obligations.

4 SEC. 252. ALLOTMENT OF FUNDS.

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

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

7 shall reserve 2 percent for the allotment among Native

8 American eligible jurisdictions described in section

9 211(b)(4). Such reserved amount shall be allotted among

10 Native American eligible jurisdictions on an equitable

11 basis, taking into account the extent which regular em12 ployment opportunities have been lacking for long-term

13 periods among individuals within the jurisdiction of such

14 entities.

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

16 amount available for purposes of this part for any fiscal

17 year shall be allotted by the Secretary among the States

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

19 ratio to such remainder as the sum of the allotments

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

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

22 jurisdictions under such section.
58

•HR 950 IH

1 (c) ADMINISTRATIVE COSTS.—From the amount al2 lotted to any State under subsection (a), the higher edu3 cation building agency shall reserve not more than 1 per4 cent thereof for its necessary administrative costs in carry5 ing out the purposes of this part.

6 SEC. 253. REQUIREMENTS FOR RECEIPT OF ALLOTMENT.

7 (a) STATEMENT REQUIRED.—

8 (1) CONTENTS OF STATEMENT.—Each State

9 which desires to receive its allotment under section

10 252 shall, within 30 days after receiving notice of

11 such allotment, submit to the Secretary a state12 ment—

13 (A) designating a fiscal agent for the re14 ceipt of payments from such allotment;

15 (B) agreeing to use such funds only in ac16 cordance with the provisions of this Act; and

17 (C) agreeing to provide each of the quar18 terly reports required by subsection (c).

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

20 after the final day for the submission of statements

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

22 the basis of only those States submitting such state23 ments, make a final allotment of funds in accord24 ance with section 252, and shall notify each State of

25 the amount of its final allotment.
59

•HR 950 IH

1 (b) PAYMENT OF ALLOTMENTS.—

2 (1) PROSPECTIVE PAYMENT RULE.—For fiscal

3 years beginning after the date of enactment of this

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

5 filed a statement in accordance with subsection (a)

6 its allotment for that fiscal year. Such payments

7 shall be made in equal installments not later than 5

8 days after the beginning of each quarter for which

9 funds are available.

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

11 year which began prior to the date of enactment of

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

13 after the final allotment of funds for such fiscal year

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

15 filed such a statement the total amount of such al16 lotment.

17 (c) 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,
60

•HR 950 IH

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 (d) WITHHOLDING PROCEDURES.—The Secretary

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

13 any installment of an allotment except in accordance with

14 section 303.

15 PART C—SPECIAL DEFINITIONS FOR SUBTITLE C

16 SEC. 261. DEFINITIONS.

17 Notwithstanding section 305, for purposes of this

18 subtitle—

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

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

21 Elementary and Secondary Education Act of 1965;

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

23 meaning provided under section 1471(12) of the El24 ementary and Secondary Education Act of 1965;
61

•HR 950 IH

1 (3) the term ‘‘higher education building author2 ity’’ has the meaning provided under 734(b) of the

3 Higher Education Act of 1965;

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

5 school operated by an Indian tribe under the Indian

6 Self-Determination and Education Assistance Act

7 (Public Law 93–638); and

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

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

10 the Higher Education Act of 1965.

11 PART D—AUTHORIZATION OF APPROPRIATIONS

12 SEC. 271. AUTHORIZATION OF APPROPRIATIONS.

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

14 opportunities for unemployed individuals, under this title

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

16 for each of the fiscal year 1998, 1999, 2000, 2001, and

17 2002.

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

19 to be appropriated pursuant to subsection (a) for each fis20 cal year—

21 (1) 80 percent shall be available for purposes of

22 subtitle B;

23 (2) 10 percent shall be available for purposes of

24 part A of subtitle C; and
62

•HR 950 IH

1 (3) 10 percent shall be available for purposes of

2 part B of subtitle C.

3 TITLE III—GENERAL PROVISIONS

4 SEC. 301. GENERAL REQUIREMENTS.

5 (a) DISCRIMINATION PROHIBITED.—

6 (1) EXCLUSION PROHIBITED.—No person shall

7 be excluded from participation in, denied the bene8 fits of, subjected to discrimination under, or denied

9 employment in the administration of or in connec10 tion with any program under this Act because of

11 race, color, religion, sex, national origin, age, handi12 cap, or political affiliation or belief.

13 (2) SECTARIAN PURPOSES PROHIBITED.—Par14 ticipants under this Act shall not be employed on the

15 construction, operation, or maintenance of so much

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

17 purposes of as a place of religious worship.

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

19 terms and conditions affecting, or rights provided to,

20 individuals who are participants in activities sup21 ported by funds provided under this Act, such indi22 viduals shall not be discriminated against solely be23 cause of their status as participants under this Act.
63

•HR 950 IH

1 (b) USE OF FUNDS SUPPLEMENTARY ACTIVITIES.—

2 Funds provided under this Act shall only be used for ac3 tivities which are in addition to those which would other4 wise be available in the area in the absence of such funds.

5 (c) SUBSTITUTION FOR GOVERNMENT PROGRAMS

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

7 made available under this Act for subsidized employment

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

9 contractor to conduct any activities customarily performed

10 by employees of a State, a political subdivision, or a local

11 educational agency in the area served by the program.

12 (d) SERVICE TO RESIDENTS.—Only individuals resid13 ing in the area of an eligible jurisdiction under title II

14 may participate in non-emergency activities funded under

15 such title, except that a recipient may permit participation

16 by homeless individuals who cannot prove residence within

17 the eligible jurisdiction.

18 (e) HIRING OF VOLUNTARILY TERMINATED WORK19 ERS PROHIBITED.—No individual shall be eligible to be

20 employed in a position subsidized under this Act if such

21 individual has, within the preceding six months, volun22 tarily terminated, without good cause, his or her last pre23 vious full-time employment at a wage rate equal to or ex24 ceeding the Federal minimum wage as prescribed under
64

•HR 950 IH

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

2 unless such individual has moved to follow a spouse.

3 (f) POLITICAL ACTIVITIES PROHIBITED.—Financial

4 assistance under this shall not be provided for any pro5 gram which involves political activities.

6 (g) WAGE RATES.—

7 (1) MINIMUM OR PREVAILING HOURLY RATE

8 REQUIRED.—An individual in employment subsidized

9 under this Act shall be paid wages which shall not

10 be less than the highest of—

11 (A) the minimum wage under section

12 6(a)(1) of the Fair Labor Standard Act of

13 1938;

14 (B) the minimum wage under appropriate

15 State or local minimum wage law; or

16 (C) the prevailing rate of pay for individ17 uals employed in similar occupations by the

18 same employer.

19 (2) MAXIMUM AVERAGE RATE.—The average

20 weekly portion of wages which may be paid to par21 ticipants from funds made available under this Act

22 for any fiscal year shall not exceed the amount de23 termined and published annually by the Secretary

24 before the beginning of such fiscal year. Such

25 amount shall be equal to—
65

•HR 950 IH

1 (A) the national average weekly earnings

2 of production or nonsupervisory workers in pri3 vate, non-farm payrolls (as determined by the

4 Bureau of Labor Statistics for the most recent

5 12 months preceding such fiscal year for which

6 such determination is available);

7 (B) multiple by 75 percent; and

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

9 (3) SUPPLEMENTATION PERMITTED.—Partici10 pants employed under this Act may have their wages

11 supplemented by the payment of additional wages

12 for such employment from sources other than this

13 Act.

14 (4) TIME OFF.—Participants employed under

15 this Act shall be allowed sufficient time off from

16 work activities to participate effectively in job search

17 activities.

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

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

20 flexible-time, and work-sharing employment cus21 tomarily offered by the employer, if such individuals

22 receive benefits customarily provided with respect to

23 such employment by the same employer.

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

25 shall maintain an individual work record for each
66

•HR 950 IH

1 participant, to be provided to each participant at the

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

3 (A) a documentary history of the experi4 ence and skills acquired by such participant;

5 and

6 (B) a list of the major work tasks com7 pleted by each participant.

8 (h) EXPENDITURE SCHEDULE.—Any funds appro9 priated to carry out this Act which are allotted for any

10 fiscal year shall be available for expenditure by the recipi11 ent during a period of one year from the date of payment

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

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

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

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

16 amount equal to such unexpended funds among other eli17 gible recipients in accordance with this Act.

18 (i) PROGRAM ABUSE REGULATIONS.—Regulations

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

20 Comprehensive Employment and Training Act as in effect

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

22 Act for the purpose of assuring against program abuses,

23 including, but not limited to, nepotism, conflicts-of-inter24 ests, the charging of fees in connection with participation

25 in the program, excessive or unreasonable legal fees, the
67

•HR 950 IH

1 improper commingling of funds under this Act with funds

2 received from other sources, the failure to keep and main3 tain sufficient, auditable, or otherwise adequate records,

4 kickbacks, political patronage, violations of applicable

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

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

7 which are not directly related to the proper operation of

8 the program.

9 SEC. 302. LABOR STANDARDS.

10 (a) CONDITIONS AND BENEFITS.—

11 (1) WORKING CONDITIONS.—Conditions of em12 ployment and training shall be appropriate and rea13 sonable in light of such factors as the type of work,

14 geographical region, and proficiency of the partici15 pant.

16 (2) HEALTH, SAFETY, AND DISABILITY REGU17 LATION.—The regulations (relating to health and

18 safety, and worker’s compensation) implementing

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

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

21 (3)) issued on March 15, 1993, shall apply to par22 ticipants under this Act.

23 (3) COMPARABLE BENEFITS AND CONDI24 TIONS.—All individuals while employed in subsidized

25 jobs under this Act shall be provided benefits and
68

•HR 950 IH

1 working conditions at the same level and to the same

2 extent as other employees doing the same type of

3 work.

4 (4) RETIREMENT CONTRIBUTIONS PROHIB5 ITED.—No funds available under this Act may be

6 used for contributions on behalf of any participant

7 to retirement systems or plans. Nothing in this sub8 section shall relieve either a participant or a pro9 gram from the requirements of the Social Security

10 Act.

11 (b) PROTECTION OF EXISTING WORKERS.—

12 (1) DISPLACEMENT PROHIBITED.—No cur13 rently employed worker shall be displaced by any

14 participant (including partial displacement such as a

15 reduction in the hours of nonovertime work, wages,

16 or employment benefits).

17 (2) IMPAIRMENT OF CONTRACTS AND AGREE18 MENTS PROHIBITED.—No program shall impair ex19 isting contracts for services or collective bargaining

20 agreements, except that no program under this Act

21 which would be inconsistent with the terms of a col22 lective bargaining agreement shall be undertaken

23 without the written concurrence of the labor organi24 zation and employer concerned.
69

•HR 950 IH

1 (3) FILLING OF LAID-OFF-POSITIONS PROHIB2 ITED.—(A) No participant whose wages are sub3 sidized under this Act shall be employed or job open4 ing filled when any other individual is on layoff from

5 the same or any substantially equivalent job with the

6 project contractor or recipient of funds under this

7 Act.

8 (B) No participant whose wages are subsidized

9 under this Act shall be employed or a job opening

10 filled when, after the enactment of this Act, the em11 ployer terminates the employment of any regular

12 unsubsidized employee in the same or any substan13 tially equivalent job or otherwise reduces the number

14 of regular unsubsidized employees in such jobs.

15 (4) PROMOTIONAL INFRINGEMENT PROHIB16 ITED.—No jobs shall be created in a promotional

17 line that will infringe in any way upon the pro18 motional opportunities of currently employed individ19 uals.

20 (c) COMPLIANCE REPORT.—

21 (1) SUBMISSION TO LABOR ORGANIZATIONS.—

22 Each quarterly report submitted pursuant to sec23 tions 212(c), 231(e), 243(c) or 253(c) shall be trans24 mitted by the recipient to any labor organization

25 representing government or private employees who
70

•HR 950 IH

1 are engaged in similar work to that performed by

2 employees whose wages are subsidized under this

3 Act.

4 (2) CONTENTS OF REPORTS.—Each quarterly

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

6 243(c) or 253(c) which is subject to the require7 ments of paragraph (3) shall, with respect to each

8 government department in which subsidized employ9 ment is provided under this Act, set forth—

10 (A) the number of all regular employees of

11 such department—

12 (i) during the quarter to which such

13 report applies; and

14 (ii) during the quarter preceding the

15 enactment of this Act; and

16 (B) the number of employees subsidized

17 under this Act in such department during each

18 quarter.

19 (3) ANALYSIS OF JOB REDUCTIONS RE20 QUIRED.—If, for two succeeding calendar quarters,

21 there have been an average decline of 5 percent or

22 more in the number of such unsubsidized employees

23 in any such department as compared to such num24 ber for the quarter described in paragraph 2(A)(ii),

25 such report shall include a statement identifying the
71

•HR 950 IH

1 jobs which have been reduced and setting forth any

2 reasons that such reduction does not result from a

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

4 (4) REVIEW.—Any such report which is re5 quired to contain such a statement shall be subject

6 to review in accordance with subsection (d).

7 (d) COMPLAINT PROCEDURE.—

8 (1) SUBMISSION OF COMPLAINTS.—Whenever

9 any employee, or labor organization representing em10 ployees of a government agency employing sub11 sidized employees under this Act submits to the Sec12 retary a complaint alleging that section 301 or sub13 section (a) or (b) of this section has been violated,

14 a copy of such complaint shall be transmitted at the

15 same time to such government agency to review such

16 complaint and to submit a reply to the Secretary

17 within 15 days after receiving a copy of such com18 plaint.

19 (2) INVESTIGATION OF COMPLAINT.—An offi20 cial, who shall be designated by the Secretary, shall

21 review any report required to include a statement

22 specified in subsection (c)(3), or any complaint sub23 mitted in accordance with paragraph (1), to ascer24 tain the accuracy of the information set forth or al25 leged and to determine whether there is substantial
72

•HR 950 IH

1 evidence that the affected activities fail to comply

2 with section 301 or subsection (a) or (b) of this sec3 tion.

4 (3) RECOMMENDATIONS.—The official so des5 ignated shall, within 45 days of the submission of

6 such report or complaint, submit recommendations

7 to the Inspector General of the Department of

8 Labor as to whether the report or complaint war9 rants investigation by the Office of the Inspector

10 General. After reviewing such recommendations, the

11 Inspector General shall undertake any investigations

12 (including an audit, if appropriate) deemed to be so

13 warranted.

14 (4) DETERMINATIONS.—A determination of

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

16 has occurred shall be made after considering legiti17 mate basis for layoffs or terminations of employees

18 not subsidized under this Act within the same de19 partment or budget function, such as a shortfall of

20 revenues compared with expenditures despite main21 tenance of local tax effort, or the requirement of

22 governmental reorganizations or productivity im23 provements affecting work not performed by such

24 subsidized employees.
73

•HR 950 IH

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

2 days after the report or complaint described in para3 graph (2) is submitted, the Inspector General’s find4 ings as to whether a failure to comply with section

5 301 and subsections (a) and (b) of this section has

6 occurred, shall be transmitted to the Secretary. The

7 Secretary shall, within 30 days after receiving the

8 Inspector General’s findings, issue a determination

9 as to whether a violation of section 301 or sub10 sections (a) or (b) of this section has occurred,

11 which shall constitute the final determination of the

12 Secretary for purposes of chapters 5 and 7 of title

13 5, United States Code.

14 (e) LABOR ORGANIZATION.—

15 (1) USE FOR ORGANIZING OR DETERRING

16 UNIONS PROHIBITED.—Each recipient of funds

17 under this Act shall provide to the Secretary assur18 ances that none of such funds will be used to assist,

19 promote, or deter union organizing.

20 (2) CONSULTATION REQUIRED.—Where a labor

21 organization represents a substantial number of em22 ployees who are engaged in similar work or training

23 in the same area as that proposed to be funded

24 under this Act, an opportunity shall be provided for
74

•HR 950 IH

1 such organization to submit comments with respect

2 to such proposal.

3 (f) DAVIS-BACON REQUIREMENTS.—

4 (1) PREVAILING WAGES REQUIRED.—All labors

5 and mechanics employed by contractors or sub6 contractors in any construction, alteration, or repair,

7 including painting and decorating, of projects, build8 ings, and works which are federally assisted under

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

10 prevailing on similar construction in the locality as

11 determined by the Secretary in accordance with the

12 Act of March 3, 1931 (commonly know as the

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

14 276a–5). The Secretary shall have with respect to

15 such labor standards, the authority and functions

16 set forth in Reorganization Plan Numbered 14 of

17 1950 (15 FR 3176; 64 Stat. 1267) and section 2 of

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

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

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

21 required to be paid to participants under this Act

22 unless they are employed in connection with projects

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

24 wages and benefits, or projects covered by any other
75

•HR 950 IH

1 statute requiring the payment of such Davis-Bacon

2 Act wage rates.

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

4 (1) information concerning numbers of employ5 ees shall be reported in a manner consistent with the

6 reporting of information including the definitions of

7 terms) requested from governments by the Bureau

8 of the Census in the Survey of Government Employ9 ment for the 1982 Census of Governments, as au10 thorized in accordance with section 161 of title 13,

11 United States Code.

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

13 local unit of general purpose governments, a public

14 agency, or a local educational agency; and

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

16 means any employee whose wages are paid in whole

17 or in part from non-Federal funds, but does not in18 clude any employee whose wages are paid in whole

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

20 SEC. 303. FISCAL CONTROLS; SANCTIONS.

21 (a) GAO REVIEW.—

22 (1) EVALUATION REQUIRED.—The Comptroller

23 General of the United States shall, on a selective

24 basis, evaluate the expenditures by the recipients

25 under this Act in order to assure that expenditures
76

•HR 950 IH

1 are consistent with the provisions of this Act and

2 to determine the effectiveness of each recipient in

3 accomplishing the purposes of this Act. The Comp4 troller General shall conduct the evaluations when5 ever necessary and shall periodically (at least annu6 ally) report to the Congress on the findings of such

7 evaluations.

8 (2) IG RESPONSIBILITIES NOT AFFECTED.—

9 Nothing in this Act shall be deemed to relieve the

10 Inspector General of the Department of Labor or

11 the Inspector General of the Department of Edu12 cation of their responsibilities under the Inspector

13 General Act.

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

15 evaluating and reviewing programs established or

16 provided for by this Act, the Comptroller General

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

18 accounts, records, correspondence, or other docu19 ments pertinent to such programs that are in the

20 possession, custody, or control of any recipient of

21 funds under this Act, or any contractor or sub22 contractor of such recipients.

23 (b) REPAYMENT REQUIRED.—Every recipient shall

24 repay to the United States amounts found not to have

25 been properly expended in accordance with this Act. The
77

•HR 950 IH

1 Secretary may offset such amounts against any other

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

3 this Act, unless the Secretary determines that such recipi4 ent should be held liable pursuant to subsection (c). No

5 such action shall be taken except after notice and oppor6 tunity for a hearing having been given to the recipient.

7 (c) PROCEDURE FOR REPAYMENT.—

8 (1) STANDARD FOR REPAYMENT.—Each recipi9 ent shall be liable to repay such amounts, from

10 funds other than funds received under this Act,

11 upon a determination that the misexpenditure of

12 funds was due to willful disregard of the require13 ments of this Act, gross negligence, or failure to ob14 serve accepted standards of administration. No such

15 finding shall be made except after notice and oppor16 tunity for a fair hearing.

17 (2) DETERMINATION REQUIRED.—In determin18 ing whether to impose any sanction authorized by

19 this section against a recipient for violations by a

20 subcontractor of such recipient under this Act, the

21 Secretary shall first determine whether such recipi22 ent has adequately demonstrated that it has—

23 (A) established and adhered to an ap24 propriate system for the award and monitoring

25 of contracts with subcontractors which contains
78

•HR 950 IH

1 acceptable standards for ensuring accountabil2 ity;

3 (B) entered into written contracts with

4 such subcontractors which establish clear goals

5 and obligations in unambiguous terms;

6 (C) acted with due diligence to monitor the

7 implementation of the contract, including the

8 carrying out of appropriate monitoring activities

9 (including audits) at reasonable intervals; and

10 (D) taken prompt and appropriate correc11 tive action upon becoming aware of any evi12 dence of a violation of this Act by such sub13 contractor.

14 (3) WAIVER PERMITTED.—If the Secretary de15 termines that the recipient has demonstrated sub16 stantial compliance with the requirements of para17 graph (2), the Secretary may waive the imposition of

18 sanctions authorized by this section upon such recip19 ient. The Secretary is authorized to impose any

20 sanction consistent with the provisions of this Act

21 and of any applicable Federal or State law directly

22 against any subcontractor for violation of this Act.

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

24 if the Secretary determines it is necessary to protect the

25 integrity of the funds or ensure the proper operation of
79

•HR 950 IH

1 the program, the Secretary may immediately terminate or

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

3 recipient is given prompt notification and the opportunity

4 for a subsequent hearing within 30 days after such termi5 nation or suspension. The Secretary shall not delegate any

6 of the functions or authority specified in this subsection,

7 other than to an officer whose appointment was required

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

9 the advice and consent of the United States Senate.

10 (e) DISCRIMINATION REMEDIES.—If the Secretary

11 determines that any recipient of funds under this Act has

12 discharged or in any manner discriminated against a par13 ticipant or against any individual in connection with the

14 administration of the program involved, or against any in15 dividual because such individual has filed any complaint

16 or instituted or caused to be instituted any proceeding

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

18 to testify in any such proceeding or investigation under

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

20 any individual a benefit which that individual is entitled

21 under the provisions of this Act, the Secretary shall, with22 in thirty days, take such action or order such corrective

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

24 the aggrieved individual, or both.
80

•HR 950 IH

1 (f) ADDITIONAL REMEDIES.—The remedies under

2 this section shall not be construed to be exclusive rem3 edies.

4 (g) RECORD KEEPING.—Recipients shall maintain

5 records that are sufficient to permit the preparation of

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

7 funds to a level of expenditure adequate to insure that

8 the funds have not been spent unlawfully.

9 (h) INVESTIGATIONS.—

10 (1) CONDUCT AUTHORIZED.—In order to en11 sure compliance with the provisions of this Act, the

12 Comptroller General of the United States may con13 duct investigations of the use of funds received

14 under this Act by any recipient.

15 (2) USE OF EXISTING RECORDS.—In conduct16 ing any investigation under this Act, the Secretary

17 or the Comptroller General of the United States may

18 not request the compilation of any new information

19 not readily available to such recipient.

20 SEC. 304. JUDICIAL REVIEW.

21 (a) REVIEW PERMITTED.—

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

23 corrective action or sanction imposed under section

24 303 by the Secretary, any party to a proceeding

25 which resulted in such action or sanction may obtain
81

•HR 950 IH

1 review of such action or sanction in the United

2 States Court of Appeals having jurisdiction over the

3 applicant or recipient of funds, by filing a review pe4 tition with the clerk of such Court within 30 days

5 of the issuance of a final order.

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

7 shall transmit a copy of the review petition to the

8 Secretary who shall file the record upon which the

9 action or sanction was entered as provided in section

10 2112 of title 28, United States Code. Review peti11 tions, unless ordered by the court, shall not stay the

12 Secretary’s action or sanction. Petitions under this

13 section shall be heard expeditiously, if possible with14 in 10 days of the filing of a reply brief by the Sec15 retary.

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

17 to make and enter a decree affirming, modifying, or set18 ting aside the action or sanction of the Secretary in whole

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

20 to certiorari review by the Untied States Supreme Court,

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

22 Code.

23 SEC. 305. DEFINITIONS.

24 (a) DEFINITIONS.—For the purposes of this Act—
82

•HR 950 IH

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

2 means an individual who—

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

4 which receives, cash welfare payments under a

5 Federal, State or local welfare program;

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

7 has, received a total family income during the

8 6-month period prior to certification (exclusive

9 of unemployment compensation, child support

10 payments, and welfare payments) which, in re11 lation to family size, was not in excess of the

12 higher of—

13 (i) the poverty level determined in ac14 cordance with criteria established by the

15 Director of the Office of Management and

16 Budget; or

17 (ii) 70 percent of the lower living

18 standard income level;

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

20 which receives, food stamps pursuant to the

21 Food Stamp Act of 1977;

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

23 State or local government payments are made;

24 or
83

•HR 950 IH

1 (E) is a handicapped individual whose own

2 income meets the requirements of clause (A) or

3 (B), but who is a member of a family or house4 hold whose income does not meet such require5 ments;

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

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

8 the Higher Education Act of 1965;

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

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

11 Perkins Vocational Education Act;

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

13 provided under section 3 of the Library Services and

14 Construction Act;

15 (5) the term ‘‘recipient’’ means any eligible ad16 ministrative entity or State or local educational

17 agency or government entity receiving funds under

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

19 higher education building agency or institution of

20 higher education receiving funds under an allotment

21 under part B of such title;

22 (6) except as specifically provided elsewhere in

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

24 of Labor, except that—
84

•HR 950 IH

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

2 such term means the Secretary of Education;

3 and

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

5 and 305, such term means either the Secretary

6 of Labor or the Secretary of Education, which7 ever is appropriate;

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

9 States, the District of Columbia, the Commonwealth

10 of the Northern Mariana Islands, the Common11 wealth of Puerto Rico, American Samoa, Guam, the

12 Virgin Islands of the United States, the Federated

13 States of Micronesia, the Republic of the Marshall

14 Islands, and Palau;

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

16 individuals aged 16 or older who are without jobs

17 and who want or are available for work, as deter18 mined in accordance with criteria used by the Bu19 reau of Labor Statistics of the Department of Labor

20 in defining individuals as unemployed, but such cri21 teria shall not be applied differently on account of

22 an individual’s previous employment; and

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

24 any city, town, township, parish, or (except in Con25 necticut, Massachusetts, Rhode Island and Vermont)
85

•HR 950 IH

1 county which is a general purpose political subdivi2 sion of a State that has the power to levy taxes and

3 expend funds, as well as general corporate and police

4 powers.

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

6 purposes of this Act with respect to population, civilian

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

8 most satisfactory current data available on a seasonally

9 adjusted basis.

10 (c) COMPUTATIONS.—For the purposes of computa11 tions of the number of unemployed individuals in a State,

12 county, or eligible administrative entity, the Secretary

13 shall determine the average number of individuals who

14 were unemployed during the most recent 12 months pre15 ceding the determination for which satisfactory data is

16 available.

Æ