I

103D CONGRESS

1ST SESSION H. R. 2364

To provide employment opportunities to unemployed individuals in high unemployment areas in projects to repair and renovate vitally needed community facilities, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 9, 1993

Mr. WILLIAMS introduced the following bill; which was referred to the

Committee on Education and Labor

A BILL

To provide employment opportunities to unemployed individuals in high unemployment areas in projects to repair

and renovate vitally needed community facilities, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act, together with the following table of con5 tents, may be cited as the ‘‘Jobs for the 1990’s Act’’.
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1 TITLE I—GENERAL PURPOSE

2 AND AUTHORITY

3 SEC. 101. STATEMENT OF PURPOSE.

4 It is the purpose of this Act to provide productive

5 and useful employment opportunities to unemployed indi6 viduals through payments for labor and related costs asso7 ciated with the repair or rehabilitation of essential commu8 nity and educational facilities; with the conservation, reha9 bilitation, and improvement of public lands; and with pub10 lic safety, health, social service, and other activities nec11 essary to the public welfare.

12 SEC. 102. ELIGIBLE PARTICIPANTS.

13 (a) GENERAL ELIGIBILITY REQUIREMENTS.—An in14 dividual shall be eligible to participate in a program or

15 activity receiving funds under this Act only if such individ16 ual (1) is an unemployed individual at the time of enroll17 ment, and (2) has been unemployed for at least 30 days

18 immediately preceding the date of such enrollment, except

19 as otherwise provided in subsection (e) of this section and

20 section 222. Individuals may be certified for purposes of

21 this section in accordance with procedures agreed to by

22 the eligible administrative entity and established in regula23 tions by the Secretary.

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

25 is eligible under subsection (a) shall receive wages from
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1 funds made available under this Act in excess of 26 weeks

2 in any 2-year period.

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

4 of participants for activities under this Act, priority shall

5 be given to individuals who—

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

7 are otherwise not eligible for unemployment insur8 ance benefits, particularly—

9 (A) those individuals who have been unem10 ployed for the longest periods of time preceding

11 the date of their selection, and

12 (B) those residing in families in which no

13 other member is employed on a full-time basis;

14 and

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

16 by the employer that is providing the subsidized job

17 position.

18 (d) SPECIAL CONSIDERATION FOR VETERANS.—With

19 regard to services to veterans provided under section

20 201(a)(3)(O), special consideration in selecting partici21 pants for employment in such activities should be given

22 to veterans who otherwise meet the eligibility requirements

23 in this section.

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

2 and III, the administrative entity shall be responsible for

3 ensuring equal employment opportunities and the full par4 ticipation of traditionally underrepresented groups, includ5 ing women and racial and ethnic minorities, in employ6 ment provided with funds made available under this Act.

7 Each recipient of funds under title II or III shall be re8 sponsible for ensuring such opportunities and full partici9 pation in the selection of eligible participants for such

10 employment.

11 SEC. 103. LIMITATION ON USE OF FUNDS.

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

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

14 recipient under titles II and III from funds appropriated

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

16 related employment benefits to eligible participants for

17 work which the recipient certifies has been performed in

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

19 (b) LIMITATION ON ADMINISTRATIVE COSTS.—Not

20 more than 10 percent of the funds provided to any recipi21 ent under title II or III from funds appropriated for any

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

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

25 recipient under title II or III from funds appropriated for
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1 any fiscal year (after compliance with subsection (a) and

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

4 tools, equipment, and other materials.

5 (d) USE OF OTHER FUNDS.—

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

7 this Act shall be construed to preclude or limit the

8 payment of the costs of administration or the costs

9 of supplies, tools, equipment, or other materials ei10 ther in whole or in part, from non-Federal sources

11 or from Federal sources other than this Act, such as

12 section 106 of the Housing and Community Devel13 opment Act of 1974 (42 U.S.C. 5306).

14 (2) BUY AMERICAN REQUIREMENT.—In design15 ing projects under this Act, the recipient shall, to

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

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

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

23 (e) TRAINING COST EXCEPTION.—Notwithstanding

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

2 a number of participants if—

3 (1) employers have made commitments to fill

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

6 (2) the recipient has entered into an agreement

7 for the provision of such training to participants

8 with one or more of the following: an administrative

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

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

11 1513(b)(1)(B), a local educational agency, an area

12 vocational education school, an institution of higher

13 education, a community-based organization, or other

14 qualified public or private nonprofit provider of

15 training services; and

16 (3) the costs associated with providing such

17 training and related support to any participant from

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

19 weekly basis, the maximum wage which may be paid

20 with funds available under this Act in accordance

21 with section 401(g)(2).

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

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

24 be used to pay salaries or wages to administrative or

25 supervisory employees—
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1 (1) at a rate which is greater than the rate of

2 the salaries or wages paid employees performing

3 comparable functions for the same employer, or

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

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

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

7 employees of the Government.

8 TITLE II—COMMUNITY RE9 NEWAL EMPLOYMENT PRO10 GRAMS

11 PART A—COMMUNITY IMPROVEMENT PROJECTS

12 SEC. 201. EMPLOYMENT ACTIVITIES IN COMMUNITY IM13 PROVEMENT PROJECTS.

14 (a) QUALIFIED ACTIVITIES.—Eligible participants

15 shall be employed in community improvement projects

16 under this title in one or more of the following activities:

17 (1) Activities to repair, rehabilitate, or improve

18 public facilities, including (A) road and street repair,

19 (B) bridge painting and repair, (C) repair and reha20 bilitation of public buildings and other community

21 facilities, including public libraries, (D) repair, mod22 ernization, and moderate rehabilitation of public

23 housing units, (E) repair and rehabilitation of water

24 systems and water development projects, (F) repair

25 and rehabilitation of public mass transportation sys-
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1 tems, (G) erecting or replacing traffic control signs

2 and removing road sign obstructions, (H) replacing

3 school crossing, intersection, and other road surface

4 markings, (I) park and playground rehabilitation,

5 (J) installation and repair of drainage pipes and

6 catch basins in areas subject to flooding, (K) instal7 lation of graded ramps for the handicapped, and (L)

8 weatherization and other energy conservation

9 activities.

10 (2) Activities to conserve, rehabilitate, or im11 prove public lands, including (A) erosion, fire, flood,

12 drought, and storm damage prevention, assistance,

13 and control, (B) removal of refuse and hazardous

14 materials from drainage ditches, illegal dumping

15 sites, and other public areas, (C) stream, lake, and

16 waterfront harbor and port improvement and pollu17 tion control, (D) forestry, nursery, and silvicultural

18 operations, (E) fish culture and habitat maintenance

19 and improvement and other fishery assistance, (F)

20 rangeland conservation, rehabilitation, and improve21 ment, (G) reclamation of public lands damaged by

22 strip mining or other mineral extraction activities,

23 (H) wildlife habitat, rangelands, parks, and rec24 reational areas; (I) urban revitalization and histori25 cal and cultural site preservation; (J) road and trail
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1 maintenance and improvement; (K) wetlands protec2 tion and pollution control; (L) improvement of aban3 doned railroad bed and right-of-way; (M) energy

4 conservation projects, renewable resource enhance5 ment, and recovery of biomass; and (N) reclamation

6 and improvement of strip-mined land.

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

8 other activities necessary to the public welfare, in9 cluding (A) repairing or replacing fire hydrants and

10 assisting in fire hazard inspections, (B) emergency

11 food and shelter activities, (C) child and dependent

12 care activities specially designed to enable parents to

13 work, (D) assisting nutrition programs, (E) other

14 services for elderly and handicapped individuals, in15 cluding meals on wheels programs and inhome serv16 ices, (F) relief activities for victims in areas affected

17 by disasters, (G) upgrading home security for elderly

18 and low-income residents, (H) assisting public health

19 programs, including paraprofessional staff support

20 for community health centers, (I) emergency medical

21 and rescue services, (J) drug and alcohol abuse pro22 grams, (K) domestic violence programs, (L) edu23 cation and training assistance, such as literacy and

24 basic skills education, remedial tutoring, and occupa25 tional skills training, (M) programs of English lan-
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1 guage instruction for unemployed individuals with

2 limited English proficiency, (N) assisting public li3 brary programs, including library aides programs,

4 (O) employment counseling and other services to vet5 erans, (P) security guards for public schools and

6 housing projects, (Q) police dispatchers, clerical and

7 traffic control personnel to free police officers for

8 full-time street duty, (R) staff support for adult and

9 juvenile correctional facilities, (S) rodent and insect

10 control activities, (T) hazardous materials surveys,

11 and (U) employment counseling and placement serv12 ices.

13 (b) JOINT PROGRAMS AUTHORIZED.—Nothing in

14 this Act shall be construed to preclude such activities from

15 being conducted in conjunction with programs funded

16 from sources other than under this Act.

17 (c) DEFINITION OF PROJECT.—For the purposes of

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

19 or a group of related tasks which—

20 (1) will be carried out by a government depart21 ment, public agency, private nonprofit organization,

22 or private contractor,

23 (2) will be completed within 18 months,

24 (3) is an activity authorized under this section

25 or section 241(b),
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1 (4) will result in a specific product or accom2 plishment,

3 (5) would not otherwise be conducted with ex4 isting funds, and

5 (6) will meet the priorities established in section

6 205.

7 (d) PUBLIC LANDS PROJECTS LIMITATIONS.—

8 (1) BENEFITS AND REIMBURSEMENT.—Projects

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

10 limited to projects on public lands or Indian lands

11 except where a project involving other lands will pro12 vide a documented public benefit and reimbursement

13 will be provided to the recipient for that portion of

14 the total costs of the project which does not provide

15 a public benefit. Notwithstanding any other provi16 sion of law, any reimbursement referred to in the

17 preceding sentence shall be retained by the recipient

18 and shall be used by the recipient for purposes of

19 carrying out other projects under this title.

20 (2) CONSISTENCY WITH LAWS AND POLICIES.—

21 All projects carried out under this Act for conserva22 tion, rehabilitation, or improvement of any public

23 lands or Indian lands shall be consistent with the

24 provisions of law and policies relating to the man25 agement and administration of such lands, with all
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1 other applicable provisions of law, and with all man2 agement, operational, and other plans and docu3 ments which govern the administration of the area.

4 SEC. 202. ELIGIBLE ADMINISTRATIVE ENTITIES.

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

6 this section, an eligible administrative entity under this

7 title shall be an administrative entity under section

8 103(b)(1)(B) of the Job Training Partnership Act (29

9 U.S.C. 1513(b)(1)(B)) that serves for one or more eligible

10 jurisdictions.

11 (b) ELIGIBLE JURISDICTION.—An eligible jurisdic12 tion under this title is an area which has an unemployment

13 rate in excess of 6.5 percent and which is—

14 (1) a unit of general local government which

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

16 (2) a consortium of contiguous units of general

17 local government which includes—

18 (A) two or more municipal governments

19 each of which is an eligible jurisdiction under

20 paragraph (1);

21 (B) a combination of one or more such

22 municipal governments and one or more county

23 governments (or equivalents); or
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1 (C) two or more county governments (or

2 equivalents) at least one of which is an eligible

3 jurisdiction under paragraph (1);

4 (3) a contiguous group of census tracts that

5 constitutes an area of substantial unemployment (as

6 such term is defined in section 203(c)) that is not

7 within an area that is an eligible jurisdiction under

8 paragraph (1) or (2); or

9 (4) any Native American Indian tribe, band, or

10 group on a Federal or State reservation, the Okla11 homa Indians, and any Alaska Native village or

12 group as defined in the Alaska Native Claims Settle13 ment Act, having a governing body.

14 (c) QUALIFICATION OF ADMINISTRATIVE ENTI15 TIES.—

16 (1) IN GENERAL.—An administrative entity

17 that serves an eligible jurisdiction shall qualify as an

18 eligible administrative entity for that eligible juris19 diction by filing, within 30 days of the allotment of

20 funds to such area under section 203, a statement

21 in accordance with section 204 with respect to the

22 use of such allotment. If no such administrative en23 tity files such a statement within such 30 days, the

24 Secretary may, on the basis of the filing of such a
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1 statement, qualify another administrative entity to

2 serve that jurisdiction.

3 (2) PRESERVATION OF LOCAL SERVICE.—A

4 larger unit of general local government (determined

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

6 eligible administrative entity to serve the population

7 of any geographic area within the jurisdiction of any

8 smaller unit of general local government (determined

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

10 or is part of an eligible administrative entity that

11 has filed a statement under section 204 with respect

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

13 area.

14 SEC. 203. ALLOTMENT OF FUNDS.

15 (a) NATIVE AMERICAN ALLOTMENT.—

16 (1) FUNDS RESERVED.—From the amount

17 available for purposes of this title for any fiscal year

18 (exclusive of the amount available for part C), the

19 Secretary shall reserve 2 percent for allotment

20 among Native American eligible jurisdictions de21 scribed in section 202(b)(4) in accordance with para22 graph (2).

23 (2) ALLOTMENTS.—The amounts which are re24 quired by paragraph (1) to be allotted in accordance

25 with this paragraph among Native American eligible
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1 jurisdictions shall be allotted among such jurisdic2 tions on an equitable basis, taking into account the

3 extent to which regular employment opportunities

4 have been lacking for long-term periods among indi5 viduals within the jurisdiction of such entities.

6 (b) GENERAL ALLOTMENTS.—

7 (1) RESERVATION.—The remainder of the

8 amount available for this title for any fiscal year

9 (after making the allotment required by subsection

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

11 for allocation to eligible jurisdictions within each

12 State. Each State shall allocate to the eligible juris13 dictions within the State such amounts as deter14 mined by the Secretary pursuant to the formula con15 tained in paragraph (2).

16 (2) FORMULA.—Of the amounts allotted to eli17 gible jurisdictions for this part for each fiscal year—

(A) 331 18 ⁄3 percent shall be allotted on the

19 basis of the relative number of unemployed in20 dividuals residing in areas of substantial unem21 ployment within each eligible jurisdiction as

22 compared to the total number of such unem23 ployed individuals in all eligible jurisdictions in

24 all States;
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(B) 331 1 ⁄3 percent shall be allotted on the

2 basis of the relative excess number of unem3 ployed individuals within each eligible jurisdic4 tion as compared to the total excess number of

5 unemployed individuals in all eligible jurisdic6 tions in all States; and

(C) 331 7 ⁄3 percent shall be allotted on the

8 basis of the relative number of unemployed in9 dividuals within each eligible jurisdiction as

10 compared to the total number of unemployed

11 individuals in all eligible jurisdictions in all

12 States.

13 (3) LIMITATIONS ON FORMULA.—The total al14 lotment for all eligible jurisdictions within any one

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

16 of the total allotted to all eligible jurisdictions in all

17 States.

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

19 (1) The term ‘‘area of substantial unemploy20 ment’’ means any area of sufficient size and scope

21 to sustain a program under this title and which has

22 an average rate of unemployment of at least 6.5 per23 cent for the most recent 12 months as determined

24 by the Secretary. Determinations of areas of sub-
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1 stantial unemployment shall be made once each

2 fiscal year.

3 (2) The term ‘‘excess number’’ means the num4 ber which represents the number of unemployed in5 dividuals in excess of 4.5 percent of the civilian labor

6 force in the service delivery area, or the number

7 which represents the number of unemployed individ8 uals in excess of 4.5 percent of the civilian labor

9 force in areas of substantial unemployment in such

10 service delivery area.

11 SEC. 204. REQUIREMENTS FOR RECEIPT OF ALLOTMENT.

12 (a) SUBMISSION OF STATEMENT.—

13 (1) CONTENTS OF STATEMENT.—Each eligible

14 administrative entity which desires to receive its al15 lotment under section 203 shall, within 30 days

16 after receiving notice of such allotment, submit to

17 the Secretary a statement—

18 (A) designating a fiscal agent for the re19 ceipt of payments from such allotment;

20 (B) agreeing to use such funds only in ac21 cordance with the provisions of this Act;

22 (C) agreeing to use such funds for projects

23 or activities under part A, B, and C of this title

24 and which, to the maximum extent feasible, on-
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1 site labor can begin within 30 days of receipt

2 of funds under this title; and

3 (D) 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 eligible administrative entities

9 submitting such statements, make a final allotment

10 of funds in accordance with section 203, and shall

11 notify each such eligible administrative entity of the

12 amount of its final allotment.

13 (b) PAYMENT OF ALLOTMENTS.—

14 (1) PROSPECTIVE RULE.—For fiscal years be15 ginning after the date of enactment of this Act, the

16 Secretary shall pay to each eligible administrative

17 entity 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 PAYMENTS.—For

23 any fiscal year which began prior to the date of en24 actment of this Act, the Secretary shall, not later

25 than 30 days after the final allotment of funds for
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1 such fiscal year under subsection (a)(2), pay to each

2 eligible administrative entity which has filed such a

3 statement the total amount of such allotment.

4 (c) REPORTS ON USE OF FUNDS.—Not later than 30

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

6 administrative entity which has, during such quarter, ex7 pended funds made available under this title (in that or

8 a preceding quarter) shall submit to the Secretary a report

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

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

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

12 activity, (B) the wage rates paid, and (C) the dura13 tion of employment;

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

16 title, including the race, sex, age, handicapped sta17 tus, and veteran status of participants; and

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

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

22 (d) WITHHOLDING SUBJECT TO PROCEDURES.—The

23 Secretary may not withhold, suspend, or terminate the

24 payment of any installment of an allotment except in ac25 cordance with section 403.
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1 SEC. 205. PROJECT DESIGN.

2 (a) PRIORITY.—In designing projects under this title,

3 the eligible administrative entity shall give priority to

4 projects on the basis of—

5 (1) the severity and duration of unemployment

6 within localities in the area of the eligible adminis7 trative entity,

8 (2) the degree to which project activities will

9 lead to the expansion of unsubsidized employment

10 opportunities in the private sector,

11 (3) the level of need which exists for the activi12 ties and services to be provided,

13 (4) the extent to which will provide long-term

14 benefits to the public,

15 (5) the extent to which will instill in the en16 rollee involved, a work ethic and a sense of public

17 service,

18 (6) the extent to which will be labor intensive,

19 and

20 (7) the extent to which can be planned and ini21 tiated promptly.

22 (b) COORDINATION.—To the extent feasible, employ23 ment opportunities established with funds made available

24 under this title shall be coordinated with other Federal,

25 State, and local activities, including vocational and adult

26 education, job training provided with funds available
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1 under the Job Training Partnership Act (29 U.S.C. 1501

2 et seq.), economic development activities, and activities re3 ceiving funds available under section 106 of the Housing

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

5 5306).

6 PART B—COMMUNITY IMPROVEMENT

7 ACTIVITIES FOR YOUTH TRAINEES

8 SEC. 221. YOUTH TRAINEE ACTIVITIES.

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

10 title may be used for eligible youth who are paid wages

11 and benefits from such funds for part-time employment

12 not in excess of 32 hours per week. Such employment may

13 be in any activity described in section 201 or may be at

14 a work site operated by a public or private nonprofit agen15 cy or organization or by an employer organized for profit,

16 but shall be provided in a manner which requires, and is

17 consistent with, the youth’s enrollment in high school, a

18 program which leads to a certificate of high school equiva19 lency, or a program of skill training or basic skill or em20 ployability development, including a program operated

21 pursuant to section 104. Such enrollment shall be for at

22 least 8 hours per week.

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

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

25 for such purpose may be used in activities which also re-
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1 ceive funds under the Job Training Partnership Act (in2 cluding the Job Corps), the Carl D. Perkins Vocational

3 Education Act, or other State or local, public or private

4 education or training programs.

5 SEC. 222. ELIGIBLE YOUTH.

6 (a) EXEMPTION FROM UNEMPLOYMENT DURATION

7 REQUIREMENTS.—Notwithstanding section 102(a)(2) re8 garding the duration of unemployment, any youth aged

9 16 through 19 who is currently unemployed shall be eligi10 ble to be a participant in activities conducted under this

11 part.

12 (b) PRIORITY.—In selecting such participants, an eli13 gible administrative entity shall, notwithstanding section

14 102(c), give priority to individuals who are economically

15 disadvantaged. Among such individuals, eligible school

16 dropouts shall be served on an equitable basis. For pur17 poses of this subsection, a school dropout is an individual

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

19 secondary school diploma or certificate of high school

20 equivalency.
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1 PART C—STATE JOB PROGRAMS

2 SEC. 241. 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 203 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 Act—

10 (1) through State-administered programs and

11 activities authorized under section 201, such as

12 those in (A) State parks, forests, and conservation

13 programs (including rangeland rehabilitation and

14 improvement), (B) State hospitals and other institu15 tions and facilities providing health care, (C) State

16 correctional institutions and programs, and (D)

17 State-administered social service programs;

18 (2) through special assistance (in conjunction,

19 as appropriate, with eligible administrative entities

20 under title II) for areas which have experienced sud21 den or severe economic dislocations, including large22 scale losses of jobs caused by the closing of facilities

23 or mass layoffs;

24 (3) through State-directed emergency aid pro25 grams to cope with natural disasters, including ero-
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1 sion, flood, drought, and storm damage assistance

2 and control activities; and

3 (4) through special assistance to seasonal farm4 workers and small farmers in rural, agricultural

5 areas which have experienced substantial losses of

6 jobs due to the rising numbers of farm mortgage

7 foreclosures and other severe economic disruption (in

8 conjunction, as appropriate, with eligible administra9 tive entities under title II or with related programs

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

11 1501 et seq.), or both).

12 (c) PROGRAM AND ACTIVITY SELECTION AND DE13 SIGN.—In determining the programs and activities to re14 ceive funds allotted under subsection (a), the State shall

15 give first priority to the establishment of those programs

16 and activities which will provide job sites (1) within juris17 dictions defined in section 202, or (2) only after such pri18 ority is met in the State, within areas in the State in which

19 the rate of unemployment is the highest. In designing

20 projects under this section, the State shall evaluate

21 projects on the basis of the severity and duration of unem22 ployment within localities in the State and the level of

23 need which exists for the activities and services to be

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

3 after receiving notice of such allotment, submit to the

4 Secretary a statement—

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

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

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

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

11 has, during such quarter, expended funds made available

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

14 Such report shall—

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

16 funds including (A) the nature of the employment

17 activity, (B) the wage rates paid, and (C) the dura18 tion of employment;

19 (2) contain adequate data to evaluate the char20 acteristics of participants in programs under this

21 part, including the race, sex, age, handicapped sta22 tus, and veteran status of participants; and

23 (3) contain such other information as the Sec24 retary may specifically request in order to ascertain
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1 whether such entity has used such funds in accord2 ance with the requirements of this Act.

3 TITLE III—EDUCATIONAL FACIL4 ITY REPAIR AND RENOVA5 TION EMPLOYMENT ACTIVI6 TIES

7 PART A—ELEMENTARY AND SECONDARY

8 SCHOOL FACILITY IMPROVEMENT JOBS

9 SEC. 301. SCHOOL FACILITY REPAIR AND RENOVATION

10 PROJECTS.

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

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

13 eligible local educational agency in an eligible jurisdiction

14 under section 202 and shall be used to carry out projects

15 and activities (in accordance with the limitation on use

16 of funds set forth in section 103) providing employment

17 to eligible participants (qualifying under section 102) in

18 work on the repair, renovation, or rehabilitation of the

19 public school facilities of such agency.

20 (b) USE OF QUICK-START PROJECTS.—To the maxi21 mum extent feasible, funds made available under this part

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

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

24 this part.
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1 (c) PERMITTED USE OF FUNDS.—Funds available

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

3 local procedures—

4 (1) for assisting State and local educational

5 agencies in bringing their public school facilities into

6 conformity with the requirements of—

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

8 known as the Architectural Barriers Act of

9 1968,

10 (B) section 504 of the Rehabilitation Act

11 of 1973,

12 (C) the Americans with Disabilities Act,

13 and

14 (D) environmental protection or health and

15 safety programs mandated by Federal, State, or

16 local law, especially for those facilities which

17 were constructed before such requirements were

18 in effect;

19 (2) for the repair, renovation, or rehabilitation

20 of public school facilities, including electrical rewir21 ing for new technology;

22 (3) for conversion of presently unused struc23 tures into adult training centers;

24 (4) for remodeling or renovating structures to

25 make them more energy efficient; or
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•HR 2364 IH

1 (5) for detecting, removing, or otherwise con2 taining asbestos in academic or other facilities used

3 by students.

4 (d) TRIBAL SCHOOL PROJECTS.—

5 (1) APPLICATION REQUIRED.—Funds made

6 available to the Secretary of the Interior shall be

7 made available, upon application, to Indian tribal

8 schools for purposes consistent with subsection (c),

9 and consistent with Federal and tribal procedures.

10 Such applications shall contain a description of the

11 activities to be performed, with estimates of the

12 costs associated with such activities, and shall give

13 priority to the activities described in subsection

14 (c)(1).

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

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

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

21 annually thereafter, establish by regulation priorities

22 for making grants under this subsection which are

23 consistent with subsection (c).

24 (3) COMPLIANCE WITH ALLOTMENT REQUIRE25 MENTS.—For the purposes of section 303, the De-
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•HR 2364 IH

1 partment of the Interior shall be considered a State

2 educational agency.

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

5 the Secretary of the Interior of the responsibility to

6 provide adequate and equitable funding under the

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

8 maintenance of Indian tribal school facilities.

9 SEC. 302. ALLOTMENT OF FUNDS.

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

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

12 shall reserve 2 percent for allotment among Native Amer13 ican eligible jurisdictions described in section 202(b)(4).

14 Such reserved amount shall be allotted among Native

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

17 opportunities have been lacking for long-term periods

18 among individuals within the jurisdiction of such entities.

19 (b) LOCAL EDUCATIONAL AGENCY ALLOTMENTS.—

20 The remainder of the amount available for purposes of

21 this part for any fiscal year shall be allotted by the Sec22 retary among local educational agencies located within eli23 gible jurisdictions (as determined under 202(b)) by allo24 cating to each such local educational agency an amount

25 that bears the same ratio to such remainder as the allot-
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•HR 2364 IH

1 ment (under section 203(b)(2)) of the eligible jurisdiction

2 within which it is located bears to the sum of the allot3 ments to all eligible jurisdictions under such section.

4 SEC. 303. REQUIREMENTS FOR RECEIPT OF ALLOTMENT.

5 (a) STATEMENT REQUIRED.—

6 (1) CONTENTS OF STATEMENT.—Each local

7 educational agency which desires to receive its allot8 ment under section 302 shall, within 30 days after

9 receiving notice of such allotment, submit to the

10 Secretary a statement—

11 (A) agreeing to use such funds only in ac12 cordance with the provisions of this Act; and

13 (B) agreeing to provide each of the quar14 terly reports required by subsection (c).

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

16 after the final day for the submission of statements

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

18 the basis of only those local educational agencies

19 submitting such statements, make a final allotment

20 of funds in accordance with section 302, and shall

21 notify each such agency of the amount of its final

22 allotment.

23 (b) PAYMENT OF ALLOTMENTS.—

24 (1) PROSPECTIVE PAYMENT RULE.—For fiscal

25 years beginning after the date of enactment of this
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1 Act, the Secretary shall pay to each local educational

2 agency which has filed a statement in accordance

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

4 Such payments shall be made in equal installments

5 not later than 5 days after the beginning of each

6 quarter for which funds are available.

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

8 year which began prior to the date of enactment of

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

10 after the final allotment of funds for such fiscal year

11 under subsection (a)(2), pay to each local edu12 cational agency which has filed such a statement the

13 total amount of such allotment.

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

15 after the end of each calendar quarter, each local edu16 cational agency which has, during such quarter, expended

17 (or made available to a local educational agency for ex18 penditure) funds made available under this part (in that

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

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

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

22 funds including (A) the nature of the employment

23 activity, (B) the wage rates paid, and (C) the dura24 tion of employment;
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1 (2) contain adequate data to evaluate the char2 acteristics of participants in programs under this

3 part, including the race, sex, age, handicapped

4 status, and veteran status of participants; and

5 (3) contain such other information as the Sec6 retary may specifically request in order to ascertain

7 whether such agency has used such funds in accord8 ance with the requirements of this Act.

9 (d) WITHHOLDING PROCEDURES.—The Secretary

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

11 any installment of an allotment except in accordance with

12 section 403.

13 PART B—HIGHER EDUCATION FACILITY

14 IMPROVEMENT PROJECTS

15 SEC. 321. ACADEMIC FACILITY REPAIR AND RENOVATION

16 PROJECTS.

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

18 available to any institution of higher education under this

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

20 and activities (in accordance with the limitation on use

21 of funds set forth in section 103) providing employment

22 to eligible participants (qualifying under section 102) in

23 work on the repair, renovation, or rehabilitation of the

24 academic facilities of such institution.
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1 (b) USE OF QUICK-START PROJECTS.—To the maxi2 mum extent feasible, funds made available under this part

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

4 labor can begin within 120 days of receipt of funds under

5 this part.

6 (c) PERMITTED USES OF FUNDS.—

7 (1) ELIGIBLE PROJECTS.—Funds allotted to

8 each State under section 322 shall be made available

9 through the higher education building agency of

10 such, in accordance with its State plan under part

11 A of title VII of the Higher Education Act of 1965,

12 to assist institutions of higher education in carrying

13 out eligible projects under that title for the repair,

14 renovation, and rehabilitation of academic facilities

15 and libraries if the primary purpose of such assist16 ance is—

17 (A) to enable such institutions to econo18 mize on the use of energy resources, with a pri19 ority for the use of coal, solar, and renewable

20 resources;

21 (B) to enable such institutions to bring

22 their academic facilities and libraries into con23 formity with the requirements of—
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•HR 2364 IH

1 (i) the Act of August 12, 1968, com2 monly known as the Architectural Barriers

3 Act of 1968,

4 (ii) section 504 of the Rehabilitation

5 Act of 1973,

6 (iii) the Americans with Disabilities

7 Act, and

8 (iv) environmental protection or

9 health and safety programs mandated by

10 Federal, State, or local law, especially for

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

13 (C) to enable such institutions to renovate

14 research facilities and postsecondary technical

15 training facilities, including electrical rewiring

16 for new technology; or

17 (D) to enable such institutions to detect,

18 remove, or otherwise contain asbestos hazards

19 in academic or other facilities used by students.

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

22 322 shall be made available only to institutions of

23 higher education that are located within eligible ju24 risdictions under section 202(b), except that the Sec25 retary may waive the requirements of this paragraph
35

•HR 2364 IH

1 for any State if there are no institutions of higher

2 education located within the eligible jurisdictions

3 within such State.

4 (3) SELECTION OF ELIGIBLE PROJECTS.—In

5 selecting eligible projects for the use of funds under

6 this part, the higher education building agency shall

7 give priority to projects at those institutions of

8 higher education—

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

11 Education Act of 1965; and

12 (B) which have not been able to obtain

13 funds for the performance of the project

14 through the sale of bonds or other obligations.

15 SEC. 322. ALLOTMENT OF FUNDS.

16 (a) ALLOTMENT FORMULA.—

17 (1) FUNDS RESERVED.—From the amount

18 available for purposes of this part for any fiscal

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

21 described in section 202(b)(4). Such reserved

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

24 account the extent to which regular employment op25 portunities have been lacking for long-term periods
36

•HR 2364 IH

1 among individuals within the jurisdiction of such

2 entities.

3 (2) STATE ALLOTMENTS.—The remainder of

4 the amount available for purposes of this part shall

5 be allotted by the Secretary among the States by al6 locating to each State an amount that bears the

7 same ratio to such remainder as the sum of the al8 lotments (under section 203(b)(2)) of the eligible ju9 risdictions within such State bears to the sum of the

10 allotments to all eligible jurisdictions under such

11 section.

12 (b) ADMINISTRATIVE COSTS.—From the amount al13 lotted to any State under subsection (a), the higher edu14 cation building agency shall reserve not more than 1 per15 cent thereof for its necessary administrative costs in carry16 ing out the purposes of this part.

17 SEC. 323. REQUIREMENTS FOR RECEIPT OF ALLOTMENT.

18 (a) STATEMENT REQUIRED.—

19 (1) CONTENTS OF STATEMENT.—Each State

20 which desires to receive its allotment under section

21 322 shall, within 30 days after receiving notice of

22 such allotment, submit to the Secretary a state23 ment—

24 (A) designating a fiscal agent for the re25 ceipt of payments from such allotment;
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•HR 2364 IH

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

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

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

6 after the final day for the submission of statements

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

8 the basis of only those States submitting such state9 ments, make a final allotment of funds in accord10 ance with section 322, and shall notify each State of

11 the amount of its final allotment.

12 (b) PAYMENT OF ALLOTMENTS.—

13 (1) PROSPECTIVE PAYMENT RULE.—For fiscal

14 years beginning after the date of enactment of this

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

16 filed a statement in accordance with subsection (a)

17 its allotment for that fiscal year. Such payments

18 shall be made in equal installments not later than 5

19 days after the beginning of each quarter for which

20 funds are available.

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

22 year which began prior to the date of enactment of

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

24 after the final allotment of funds for such fiscal year

25 under subsection (a)(2), pay to each State which has
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•HR 2364 IH

1 filed such a statement the total amount of such

2 allotment.

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

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

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

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

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

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

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

10 funds including (A) the nature of the employment

11 activity, (B) the wage rates paid, and (C) the dura12 tion of employment;

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

15 part, including the race, sex, age, handicapped sta16 tus, and veteran status of participants; and

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

19 whether such State has used such funds in accord20 ance with the requirements of this Act.

21 (d) WITHHOLDING PROCEDURES.—The Secretary

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

23 any installment of an allotment except in accordance with

24 section 403.
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•HR 2364 IH

1 PART C—SPECIAL DEFINITIONS FOR TITLE III

2 SEC. 341. DEFINITIONS.

3 Notwithstanding section 406, for purposes of this

4 title—

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

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

7 Elementary and Secondary Education Act of 1965;

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

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

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

13 Higher Education Act of 1965;

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

15 school operated by an Indian tribe under the Indian

16 Self-Determination and Education Assistance Act

17 (Public Law 93–638); and

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

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

20 the Higher Education Act of 1965.

21 TITLE IV—GENERAL

22 PROVISIONS

23 SEC. 401. GENERAL REQUIREMENTS.

24 (a) DISCRIMINATION PROHIBITED.—

25 (1) EXCLUSION PROHIBITED.—No person shall

26 be excluded from participation in, denied the bene-
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•HR 2364 IH

1 fits of, subjected to discrimination under, or denied

2 employment in the administration of or in connec3 tion with any program under this Act because of

4 race, color, religion, sex, national origin, age, handi5 cap, or political affiliation or belief.

6 (2) SECTARIAN PURPOSES PROHIBITED.—Par7 ticipants under this Act shall not be employed on the

8 construction, operation, or maintenance of so much

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

10 instruction or as a place for religious worship.

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

12 terms and conditions affecting, or rights provided to,

13 individuals who are participants in activities sup14 ported by funds provided under this Act, such indi15 viduals shall not be discriminated against solely be16 cause of their status as participants under this Act.

17 (b) USE OF FUNDS FOR SUPPLEMENTARY ACTIVI18 TIES.—Funds provided under this Act shall only be used

19 for activities which are in addition to those which would

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

21 funds.

22 (c) SUBSTITUTION FOR GOVERNMENT PROGRAMS

23 PROHIBITED.—No funds made available under this Act

24 for subsidized employment may be provided to a private

25 organization, institution, or contractor to conduct any ac-
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•HR 2364 IH

1 tivities customarily performed by employees of a State, a

2 political subdivision, or a local educational agency in the

3 area served by the program.

4 (d) SERVICES TO RESIDENTS.—Only individuals re5 siding in the area of an eligible jurisdiction under title II

6 may participate in activities funded under title II or III,

7 except that a recipient may permit participation by home8 less individuals who cannot prove residence within the

9 eligible jurisdiction.

10 (e) HIRING OF VOLUNTARILY TERMINATED WORK11 ERS PROHIBITED.—No individual shall be eligible to be

12 employed in a position subsidized under this Act if such

13 individual has, within the preceding six months, volun14 tarily terminated, without good cause, his or her last pre15 vious full-time employment at a wage rate equal to or ex16 ceeding the Federal minimum wage as prescribed under

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

18 unless such individual has moved to follow a spouse.

19 (f) POLITICAL ACTIVITIES PROHIBITED.—Financial

20 assistance under this Act shall not be provided for any

21 program which involves political activities.

22 (g) WAGE RATES.—

23 (1) MINIMUM OR PREVAILING HOURLY RATE

24 REQUIRED.—An individual in employment subsidized

25 under this Act shall be paid wages which shall not
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•HR 2364 IH

1 be less than the highest of (A) the minimum wage

2 under section 6(a)(1) of the Fair Labor Standards

3 Act of 1938, (B) the minimum wage under the ap4 plicable State or local minimum wage law, or (C) the

5 prevailing rates of pay for individuals employed in

6 similar occupations by the same employer.

7 (2) MAXIMUM AVERAGE RATE.—The average

8 weekly portion of the wages which may be paid to

9 participants from funds made available under this

10 Act for any fiscal year shall not exceed an amount

11 determined and published annually by the Secretary

12 before the beginning of such fiscal year. Such

13 amount shall be equal to—

14 (A) the national average weekly earnings

15 of production or nonsupervisory workers on pri16 vate, non-farm payrolls (as determined by the

17 Bureau of Labor Statistics for the most recent

18 12 months preceding such fiscal year for which

19 that determination is available),

20 (B) multiplied by 75 percent, and

21 (C) rounded to the nearest $10.

22 (3) SUPPLEMENTATION PERMITTED.—Partici23 pants employed under this Act may have their wages

24 supplemented by the payment of additional wages
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•HR 2364 IH

1 for such employment from sources other than this

2 Act.

3 (4) TIME OFF.—Participants employed under

4 this Act shall be allowed sufficient time off from

5 work activities to participate effectively in the job

6 search activities.

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

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

9 flexible-time, and work-sharing employment cus10 tomarily offered by the employer, if such individuals

11 receive benefits customarily provided with respect to

12 such employment by the same employer.

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

14 shall maintain an individual work record for each

15 participant, to be provided to each participant at the

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

17 (A) a documentary history of the experi18 ence and skills acquired by each participant;

19 and

20 (B) a list of the major work tasks com21 pleted by each participant.

22 (h) EXPENDITURE SCHEDULE.—Any funds appro23 priated to carry out this Act which are allotted for any

24 fiscal year shall be available for expenditure by the recipi25 ent during a period of one year from the date of payment
44

•HR 2364 IH

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

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

3 by the recipient within such one-year period. If any such

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

5 amount equal to such unexpended funds among other eli6 gible recipients in accordance with this Act.

7 (i) SELECTIVE SERVICE COMPLIANCE.—The Sec8 retary shall insure that each individual participating in

9 any program established under this Act, or receiving any

10 assistance or benefit under this Act, has not violated sec11 tion 3 of the Military Selective Service Act (50 U.S.C.

12 App. 453) by not presenting and submitting to registra13 tion as required pursuant to such section. The Director

14 of the Selective Service System shall cooperate with the

15 Secretary in carrying out this section.

16 (j) PROGRAM ABUSE REGULATIONS.—Regulations

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

18 Comprehensive Employment and Training Act as in effect

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

20 Act for the purpose of assuring against program abuses,

21 including, but not limited to, nepotism, conflicts-of-inter22 ests; the charging of fees in connection with participation

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

24 improper commingling of funds under this Act with funds

25 received from other sources; the failure to keep and main-
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•HR 2364 IH

1 tain sufficient, auditable, or otherwise adequate records;

2 kickbacks; political patronage; violations of applicable

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

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

5 which are not directly related to the proper operation of

6 the program.

7 SEC. 402. LABOR STANDARDS.

8 (a) CONDITIONS AND BENEFITS.—

9 (1) WORKING CONDITIONS.—Conditions of em10 ployment and training shall be appropriate and rea11 sonable in light of such factors as the type of work,

12 geographical region, and proficiency of the partici13 pant.

14 (2) HEALTH, SAFETY, AND DISABILITY REGU15 LATIONS.—The regulations (relating to health and

16 safety and worker’s compensation) implementing

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

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

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

20 participants under this Act.

21 (3) COMPARABLE BENEFITS AND CONDI22 TIONS.—All individuals while employed in subsidized

23 jobs under this Act shall be provided benefits and

24 working conditions at the same level and to the same
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1 extent as other employees doing the same type of

2 work.

3 (4) RETIREMENT CONTRIBUTIONS PROHIB4 ITED.—No funds available under this Act may be

5 used for contributions on behalf of any participant

6 to retirement systems or plans.

7 (b) PROTECTION OF EXISTING WORKERS.—

8 (1) DISPLACEMENT PROHIBITED.—No cur9 rently employed worker shall be displaced by any

10 participant (including partial displacement such as a

11 reduction in the hours of nonovertime work, wages,

12 or employment benefits).

13 (2) IMPAIRMENT OF CONTRACTS AND AGREE14 MENTS PROHIBITED.—No program shall impair ex15 isting contracts for services or collective-bargaining

16 agreements, except that no program under this Act

17 which would be inconsistent with the terms of a col18 lective-bargaining agreement shall be undertaken

19 without the written concurrence of the labor organi20 zation and employer concerned.

21 (3) FILLING OF LAID-OFF POSITIONS PROHIB22 ITED.—(A) No participant whose wages are sub23 sidized under this Act shall be employed or job open24 ing filled when any other individual is on layoff from

25 the same or any substantially equivalent job.
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•HR 2364 IH

1 (B) No participant whose wages are subsidized

2 under this Act shall be employed or job opening

3 filled when, after the enactment of this Act, the em4 ployer terminates the employment of any regular

5 unsubsidized employee in the same or any substan6 tially equivalent job or otherwise reduces the number

7 of regular unsubsidized employees in such jobs.

8 (4) PROMOTIONAL INFRINGEMENT PROHIB9 ITED.—No jobs shall be created in a promotional

10 line that will infringe in any way upon the pro11 motional opportunities of currently employed individ12 uals.

13 (c) COMPLIANCE REPORTS.—

14 (1) SUBMISSION TO LABOR ORGANIZATIONS.—

15 Each quarterly report submitted pursuant to section

16 204(c), 241(e), 303(c), or 323(c) shall be transmit17 ted by the recipient to any labor organization rep18 resenting government employees who are engaged in

19 similar work to that performed by employees whose

20 wages are subsidized under this Act.

21 (2) CONTENTS OF REPORTS.—Each quarterly

22 report submitted pursuant to section 204(c), 241(e),

23 303(c), or 323(c) which is subject to the require24 ments of paragraph (3) shall, with respect to each
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•HR 2364 IH

1 government department in which subsidized employ2 ment is provided under this Act, set forth—

3 (A) the number of all regular unsubsidized

4 employees of such department (i) during the

5 quarter to which such report applies, and (ii)

6 during the quarter preceding the enactment of

7 this Act; and

8 (B) the number of employees subsidized

9 under this Act in such department during each

10 such quarter.

11 (3) ANALYSIS OF JOB REDUCTION REQUIRED.—

12 If, for two succeeding calendar quarters, there has

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

14 number of such unsubsidized employees in any such

15 department as compared to such number for the

16 quarter described in paragraph (2)(A)(ii), such re17 port shall include a statement identifying the jobs

18 which have been reduced and setting forth any rea19 sons that such reduction does not result from a fail20 ure to comply with subsection (b) of this section.

21 (4) REVIEW.—Any such report which is re22 quired to contain such a statement shall be subject

23 to review in accordance with subsection (d).

24 (d) COMPLAINT PROCEDURE.—
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1 (1) SUBMISSION OF COMPLAINTS.—Whenever

2 any employee, or labor organization representing em3 ployees, of a government employing subsidized em4 ployees under this Act submits to the Secretary a

5 complaint alleging that section 401 or subsection (a)

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

7 such complaint shall be transmitted at the same

8 time to such government. An opportunity shall be af9 forded to such government to review such complaint

10 and to submit a reply to the Secretary within 15

11 days after receiving a copy of such complaint.

12 (2) INVESTIGATION OF COMPLAINTS.—An offi13 cial who shall be designated by the Secretary shall

14 review any report required to include a statement

15 specified in subsection (c)(3), or any complaint sub16 mitted in accordance with paragraph (1), to ascer17 tain the accuracy of the information set forth or al18 leged and to determine whether there is substantial

19 evidence that the affected activities fail to comply

20 with section 401 or subsection (a) or (b) of this

21 section.

22 (3) RECOMMENDATIONS.—The official so des23 ignated shall, within 45 days of the submission of

24 such report or complaint, submit recommendations

25 to the Inspector General of such Department as to
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•HR 2364 IH

1 whether the report or complaint warrants investiga2 tion by the Office of the Inspector General. After re3 viewing such recommendations, the Inspector Gen4 eral shall undertake any investigations (including an

5 audit, if appropriate) deemed to be warranted.

6 (4) DETERMINATIONS.—A determination of

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

8 has occurred shall be made after considering legiti9 mate bases for layoffs or terminations of employees

10 not subsidized under this Act within the same de11 partment or budget function, such as a shortfall of

12 revenues compared with expenditures despite main13 tenance of local tax effort, or the requirements of

14 governmental reorganizations or productivity im15 provements affecting work not performed by such

16 subsidized employees.

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

18 days after the report or complaint described in para19 graph (2) is submitted, the Inspector General’s find20 ings as to whether a failure to comply with section

21 401 and subsection (a) or (b) of this section has oc22 curred shall be transmitted to the Secretary. The

23 Secretary shall, within 30 days after receiving the

24 Inspector General’s findings, issue a determination

25 as to whether a violation of section 401 or sub-
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1 section (a) or (b) of this section has occurred, which

2 shall constitute the final determination of the Sec3 retary for purposes of chapters 5 and 7 of title 5,

4 United States Code.

5 (6) REPAYMENT REMEDY.—The Secretary shall

6 institute proceedings under section 403(b) for the

7 repayment of funds determined to have been ex8 pended in violation of section 401 or subsection (a)

9 or (b) of this section.

10 (e) LABOR ORGANIZATION.—

11 (1) USE FOR ORGANIZING OR DETERRING

12 UNIONS PROHIBITED.—Each recipient of funds

13 under this Act shall provide to the Secretary assur14 ances that none of such funds will be used to assist,

15 promote, or deter union organizing.

16 (2) CONSULTATION REQUIRED.—Where a labor

17 organization represents a substantial number of em18 ployees who are engaged in similar work or training

19 in the same area as that proposed to be funded

20 under this Act, an opportunity shall be provided for

21 such organization to submit comments with respect

22 to such proposal.

23 (f) DAVIS-BACON REQUIREMENTS.—

24 (1) PREVAILING WAGES REQUIRED.—All labor25 ers and mechanics employed by contractors or sub-
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1 contractors in any construction, alteration, or repair,

2 including painting and decorating, of projects, build3 ings, and works which are federally assisted under

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

5 those prevailing on similar construction in the local6 ity as determined by the Secretary in accordance

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

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

9 276a–5). The Secretary shall have, with respect to

10 such labor standards, the authority and functions

11 set forth in Reorganization Plan Numbered 14 of

12 1950 (15 FR 3176; 64 Stat. 1267) and section 2 of

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

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

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

16 required to be paid to participants under this Act

17 unless they are employed in connection with projects

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

19 wages and benefits, or projects covered by any other

20 statute requiring the payment of such Davis-Bacon

21 Act wage rates.

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

23 (1) information concerning numbers of employ24 ees shall be reported in a manner consistent with the

25 reporting of information (including the definitions of
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1 terms) requested from governments by the Bureau

2 of the Census in the Survey of Government Employ3 ment for the 1982 Census of Governments, as au4 thorized in accordance with section 161 of title 13,

5 United States Code;

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

7 local unit of general purpose government, a public

8 agency, or a local educational agency; and

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

10 means any employee whose wages are paid in whole

11 or in part from non-Federal funds, but does not in12 clude any employee whose wages are paid in whole

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

14 SEC. 403. FISCAL CONTROLS; SANCTIONS.

15 (a) GAO REVIEW.—

16 (1) EVALUATION REQUIRED.—The Comptroller

17 General of the United States shall, on a selective

18 basis, evaluate the expenditures by the recipients

19 under this Act in order to assure that expenditures

20 are consistent with the provisions of this Act and to

21 determine the effectiveness of each recipient in ac22 complishing the purposes of this Act. The Comptrol23 ler General shall conduct the evaluations whenever

24 necessary and shall periodically (at least annually)
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1 report to the Congress on the findings of such eval2 uations.

3 (2) IG RESPONSIBILITIES NOT AFFECTED.—

4 Nothing in this Act shall be deemed to relieve the

5 Inspector General of the Department of Labor or

6 the Inspector General of the Department of Edu7 cation of responsibilities under the Inspector General

8 Act.

9 (3) ACCESS TO RECORDS.—The purpose of eval10 uating and reviewing programs established or pro11 vided for by this Act, the Comptroller General shall

12 have access to and the right to copy any books, ac13 counts, records, correspondence, or other documents

14 pertinent to such programs that are in the posses15 sion, custody, or control of any recipient of funds

16 under this Act, or any contractor or subcontractor of

17 such recipients.

18 (b) REPAYMENT REQUIRED.—Every recipient shall

19 repay to the United States amounts found not to have

20 been expended in accordance with this Act. The Secretary

21 may offset such amounts against any other amount to

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

23 unless he determines that such recipient should be held

24 liable pursuant to subsection (c). No such action shall be
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1 taken except after notice and opportunity for a hearing

2 have been given to the recipient.

3 (c) PROCEDURE FOR REPAYMENT.—

4 (1) STANDARD FOR REPAYMENT.—Each recipi5 ent shall be liable to repay such amounts, from

6 funds other than funds received under this Act,

7 upon a determination that the misexpenditure of

8 funds was due to willful disregard of the require9 ments of this Act, gross negligence, or failure to ob10 serve accepted standards of administration. No such

11 finding shall be made except after notice and oppor12 tunity for a fair hearing.

13 (2) DETERMINATION REQUIRED.—In determin14 ing whether to impose any sanction authorized by

15 this section against a recipient for violations by a

16 subcontractor of such recipient under this Act, the

17 Secretary shall first determine whether such recipi18 ent has adequately demonstrated that it has—

19 (A) established and adhered to an appro20 priate system for the award and monitoring of

21 contracts with subcontractors which contains

22 acceptable standards for ensuring accountabil23 ity;
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1 (B) entered into a written contract with

2 such subcontractor which established clear goals

3 and obligations in unambiguous terms;

4 (C) acted with due diligence to monitor the

5 implementation of the contract, including the

6 carrying out of the appropriate monitoring ac7 tivities (including audits) at reasonable inter8 vals; and

9 (D) taken prompt and appropriate correc10 tive action upon becoming aware of any evi11 dence of a violation of this Act by such sub12 contractor.

13 (3) WAIVER PERMITTED.—If the Secretary de14 termines that the recipient has demonstrated sub15 stantial compliance with the requirements of para16 graph (2), the Secretary may waive the imposition of

17 sanctions authorized by this section upon such recip18 ient. The Secretary is authorized to impose any

19 sanction consistent with the provisions of this Act

20 and of any applicable Federal or State law directly

21 against any subcontractor for violation of this Act.

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

23 if the Secretary determines it is necessary to protect the

24 integrity of the funds or ensure the proper operation of

25 the program, the Secretary may immediately terminate or
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1 suspend financial assistance, in whole or in part, if the

2 recipient is given prompt notice and the opportunity for

3 a subsequent hearing within 30 days after such termi4 nation or suspension. The Secretary shall not delegate any

5 of the functions or authority specified in this subsection,

6 other than to an officer whose appointment was required

7 to be made by and with the advice and consent of the

8 Senate.

9 (e) DISCRIMINATION REMEDIES.—If the Secretary

10 determines that any recipient under this Act has dis11 charged or in any other manner discriminated against a

12 participant or against any individual in connection with

13 the administration of the program involved, or against any

14 individual because such individual has filed any complaint

15 or instituted or caused to be instituted any proceeding

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

17 to testify in any such proceeding or investigation under

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

19 any individual a benefit to which that individual is entitled

20 under the provisions of this Act, the Secretary shall, with21 in thirty days, take such action or order such corrective

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

23 the aggrieved individual, or both.
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1 (f) ADDITIONAL REMEDIES.—The remedies under

2 this section shall not be construed to be exclusive

3 remedies.

4 (g) RECORD KEEPING.—Recipients shall keep

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 insure

11 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. 404. JUDICIAL REVIEW.

21 (a) REVIEW PERMITTED.—

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

23 corrective action or sanction imposed under section

24 403 by the Secretary, any party to a proceeding

25 which resulted in such action or sanction may obtain
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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

4 petition within 30 days of such final order.

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

6 shall transmit a copy of the review petition to the

7 Secretary who shall file the record upon which the

8 action or sanction was entered as provided in section

9 2112 of title 28, United States Code. Review peti10 tions, unless ordered by the court, shall not stay the

11 Secretary’s action or sanction. Petitions under this

12 Act shall be heard expeditiously, if possible within

13 ten days of the filing of a reply brief.

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

15 to make and enter a decree affirming, modifying, or set16 ting aside the action or sanction of the Secretary in whole

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

18 to certiorari review by the Supreme Court of the United

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

20 States Code.

21 SEC. 405. AUTHORIZATION OF APPROPRIATIONS.

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

23 opportunities for unemployed individuals under this Act—

24 (1) there are authorized to be appropriated

25 $4,500,000,000 for fiscal year 1994; and
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1 (2) there are authorized to be appropriated for

2 each succeeding fiscal year not more than the prod3 uct of (A) 4 percent of the total number of unem4 ployed individuals (seasonally adjusted), multiplied

5 by (B) the most recent average rate determined by

6 the Secretary under section 401(g)(2).

7 (b) DIVISION BETWEEN TITLES.—Of the amount ap8 propriated pursuant to subsection (a) for any fiscal year—

9 (1) 80 percent shall be available for purposes of

10 title II,

11 (2) 10 percent shall be available for purposes of

12 part A of title III, and

13 (3) 10 percent shall be available for purposes of

14 part B of title III.

15 (c) DEFINITION.—For purposes of this section, the

16 number of unemployed individuals means the average

17 number of individuals in the civilian labor force of the

18 United States who, in the first three months of the cal19 endar year in which begins the fiscal year for which the

20 appropriation is to be made, had been unemployed as de21 termined by the Bureau of Labor Statistics on a season22 ally adjusted basis.

23 SEC. 406. DEFINITIONS.

24 (a) DEFINITIONS.—For the purposes of this Act—
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1 (1) the term ‘‘economically disadvantaged’’

2 means an individual who (A) receives, or is a mem3 ber of a family which receives, cash welfare pay4 ments under a Federal, State, or local welfare pro5 gram; (B) has, or is a member of a family which

6 has, received a total family income during the 6-

7 month period prior to certification (exclusive of un8 employment compensation, child support payments,

9 and welfare payments) which, in relation to family

10 size, was not in excess of the higher of (i) the pov11 erty level determined in accordance with criteria es12 tablished by the Director of the Office of Manage13 ment and Budget, or (ii) 70 percent of the lower liv14 ing standard income level; (C) receives, or is a mem15 ber of a family which receives, food stamps pursuant

16 to the Food Stamp Act of 1977; (D) is a foster child

17 on behalf of whom State or local government pay18 ments are made; or (E) is a handicapped individual

19 whose own income meets the requirements of clause

20 (A) or (B), but who is a member of a family whose

21 income does not meet such requirements;

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

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

24 the Higher Education Act of 1965;
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1 (3) the term ‘‘local educational agency’’ has the

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

3 Perkins Vocational Education Act;

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

5 provided under section 3 of the Library Services and

6 Construction Act;

7 (5) the term ‘‘recipient’’ means any eligible ad8 ministrative entity or State receiving funds under an

9 allotment for title II, any State or local educational

10 agency receiving funds under an allotment for part

11 A of title III, and any State higher education build12 ing agency or institution of higher education receiv13 ing funds under an allotment for part B of such

14 title;

15 (6) the term ‘‘Secretary’’ means the Secretary

16 of Labor, except that—

17 (A) for purposes of title III, such term

18 means the Secretary of Education; and

19 (B) with respect to sections 401(h), 403,

20 and 404, such term means either the Secretary

21 of Labor or the Secretary of Education, which22 ever is appropriate;

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

24 States, the District of Columbia, the Commonwealth

25 of the Northern Mariana Islands, the Common-
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1 wealth of Puerto Rico, American Samoa, Guam, the

2 Virgin Islands, the Federated States of Micronesia,

3 the Republic of the Marshall Islands, and Palau;

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

5 individuals aged sixteen or older who are without

6 jobs and who want and are available for work, as de7 termined in accordance with criteria used by the Bu8 reau of Labor Statistics of the Department of Labor

9 in defining individuals as unemployed, but such cri10 teria shall not be applied differently on account of

11 an individual’s previous employment; and

12 (9) the term ‘‘unit of general local government’’

13 means any city, town, township, parish, or (except in

14 Connecticut, Massachusetts, Rhode Island, and Ver15 mont) county which is a general purpose political

16 subdivision of a State that has the power to levy

17 taxes and spend funds, as well as general corporate

18 and police powers.

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

20 purposes of this Act with respect to population, civilian

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

22 most satisfactory current data available on a seasonally

23 adjusted basis.

24 (c) COMPUTATIONS.—For the purposes of computa25 tions of the number of unemployed individuals in a State,
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1 county, or eligible administrative entity, the Secretary

2 shall determine the average number of individuals who

3 were unemployed during the most recent 12 months pre4 ceding the determination for which satisfactory data is

5 available.

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