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 commu-
nities 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 Cali-
fornia, Ms. DELAURO, Mr. PAYNE, Mr. DAVIS of Illinois, and Mr.
DIXON) introduced the following bill; which was referred to the Commit-
tee on Education and the Workforce, and in addition to the Committee
on Transportation and Infrastructure, for a period to be subsequently de-
termined 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 res-
toration of infrastructure in communities across the
United States, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Job Creation and In-
frastructure Restoration Act of 1997’’.
SEC. 2. FINDINGS.
Congress finds the following:
(a) That the investments made during the
1930’s, 1940’s, and 1950’s in the infrastructure of
the United States through the Roosevelt public
works programs, the National Highway Act under
President Eisenhower, and other major efforts, led
to the greatest period of economic recovery and sus-
tained level of economic growth in the first 150
years of our Nation’s existence.
(b) That the Nation’s infrastructure has suf-
fered greatly over the past three decades because of
the failure of the Federal Government to ensure re-
newal and restoration of roads, bridges, public build-
ings, public lands, and other public assets.
(c) The lack of resources for the maintenance
of the infrastructure during this period has led to
the loss of both jobs and job skills in these vital
areas, with consequent increased unemployment and
a reduction in the quality of life for residents of af-
fected areas.
(d) There is a critical need to renew and restore
both the public buildings and other assets, and the
jobs and job skills needed to ensure that those assets
are available for use by future generations and for
any defense needs the country may face in the
future.
(e) Policies at the Federal level have dem-
onstrated diminished concern for the infrastructure
needs of the communities of the Nation and a shift-
ing of the burden for maintenance and creation of
highways, bridges, mass transit, and other infra-
structure on to local governments, in addition to the
burden for local needs (such as public safety, edu-
cation, health, and public welfare) that those juris-
dictions bear, thereby stretching already shrinking
resources beyond the capabilities of those govern-
ments to address these needs.
(f) Federal incentives that are specifically
linked to the development of jobs, and renewal of
important job skills will help reverse the trend to
continued erosion of the Nation’s infrastructure.
(g) Economic growth rates and future efficiency
and competitiveness of the national economy will be
substantially enhanced by programs of Federal Gov-
ernment assistance to State and local governments
to construct and rehabilitate the Nation’s economic
infrastructure.
(h) Efforts to reform the welfare system are
based on the assumption that there will be jobs
available in the public and private sectors for cur-
rent welfare recipients, and for noncustodial parents
whose responsibilities include providing financial
support to their children.
(i) Absent a concentrated effort on the part of
the Federal Government to create career jobs that
provide a living wage, efforts to reform the welfare
system are doomed to failure.
(j) The creation of living wage jobs in conjunc-
tion with a large and sustained public works infra-
structure renewal program will reap significant re-
wards in direct tax payments at all levels of govern-
ment, increased economic expansion for the country,
and substantial reductions in the outlays for unem-
ployment support, welfare, Medicaid, and other gov-
ernment expenditures and will also lessen the burden
on government expenditures that result from lack of
employment for those at risk of entering a life of
crime.
TITLE I—DEPARTMENT OF COMMERCE
GRANTS
SEC. 101. DEFINITIONS.
(a) As used in this title, the following definitions
apply:
(1) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Commerce, acting through the Eco-
nomic Development Administration.
(2) LOCAL
GOVERNMENT.—The term ‘‘local
government’’ means any city, county, town, parish,
or other political subdivision of a State, and any In-
dian tribe.
(3) PUBLIC WORKS.—The term ‘‘public works’’
includes water and sewer lines, streets and roads,
water and sewage treatment plants or facilities, port
facilities, police and fire stations, detention centers,
schools, health facilities, industrial research or devel-
opment parks, research facilities at institutions of
higher learning, and other projects the Secretary de-
termines to be appropriate.
(4) STATE.—The term ‘‘State’’ includes the
several States, the District of Columbia, the Com-
monwealth of Puerto Rico, the Virgin Islands of the
United States, Guam, American Samoa, and the
Commonwealth of the Northern Marianas.
SEC. 102. DIRECT GRANTS.
(a) CONSTRUCTION.—The Secretary is authorized to
make grants to any State or local government for the con-
struction (including demolition and other site preparation
activities), renovation, repair, restoration, or other im-
provement of local public works projects, including those
public works projects of State and local governments for
which Federal financial assistance is authorized under
provisions of law other than this title or this Act. To the
extent appropriate, the Secretary may coordinate with
other Federal agencies in assessing grant requests, and
in providing appropriate levels of support.
(b) FEDERAL SHARE.—The Federal share of any
project for which a grant is made under this title shall
be no more than 90 percent of the cost of the project.
(c) TERMINATION OF GRANTS.—No new grants shall
be made pursuant to this section after the expiration of
any 3-consecutive month period during which the national
unemployment rate remained below 5 percent for each
such month, or after September 30, 2001, whichever first
occurs.
SEC. 103. ALLOCATION OF FUNDS; PREFERENCES.
(a) ALLOCATION OF FUNDS.—The Secretary shall al-
locate funds appropriated pursuant to section 106 of this
title as follows:
(1) INDIAN
TRIBES.—Three-quarters of one
percent of such funds shall be set aside and shall be
expended only for grants for public works projects
under this title to Indian tribes and Alaskan Native
villages. None of the remainder of such funds shall
be expended for such grants to such tribes and vil-
lages.
(2) OTHERS.—After the set-aside required by
paragraphs (1), (3), and (4) of this subsection, 60
percent of such funds shall be allocated among the
States on the basis of the ratio that the number of
unemployed persons in each State bears to the total
number of unemployed persons in all the States and
40 percent of such funds shall be allocated among
those States with an average unemployment rate for
the preceding 6-month period in excess of 6 percent
on the basis of the relative severity of unemployment
in each such State, except that no State shall be al-
located less than three-quarters of one percent or
more than 12 percent of such funds for local public
works projects within such State, except that in the
case of Guam, the Virgin Islands of the United
States, American Samoa, and the Commonwealth of
the Northern Marianas, not less than one-half of one
percent in the aggregate shall be allocated for such
projects in all four of such territories.
(3) SET-ASIDE FOR SMALL TOWNS.—Not less
than 10 percent of each State’s allocation shall be
set aside and shall be expended only for grants for
public works projects under this title for units of
local government with populations under 10,000
persons.
(4) DEVELOPMENT AND ADMINISTRATION.—Up
to three-quarters of one percent of the total grant
award will be available for project development and
preparation, and for ongoing project administration.
This allocation shall be available for local units of
government defined as nonentitlement under the
Housing and Urban Development Community Devel-
opment Block Grant Program. Such allocation shall
not exceed $15,000 for any single grant award in
any event.
(b) PREFERENCES.—
(1) LOCAL GOVERNMENT PROJECTS.—In mak-
ing grants under this title, the Secretary shall give
priority to public works projects of local govern-
ments that will employ residents of such grantees
who are experienced, apprentice or novice workers in
construction activities.
(2) LOCALLY ENDORSED PROJECTS.—In mak-
ing grants under this title, the Secretary shall also
give priority to any public works projects requested
by a State or by a special purpose unit of local gov-
ernment which is endorsed by a general purpose
local government within such State.
(3) SCHOOL DISTRICT PROJECT.—A project re-
quested by a school district shall be accorded the full
priority and preference to public works projects of
local governments provided in this subsection.
(4) 
APPLIED
INDUSTRIAL
RESEARCH
PROJECTS.—A project that creates or adds to an ap-
plied industrial research facility at an institution of
higher education, and which facility is intended to
promote the development of new products and proc-
esses, or that the Secretary determines will improve
the competitiveness of American industry shall be
accorded full priority and preference. For projects
under this section, matching funds requirements
shall be waived if the company or companies and the
institution involved commit, in the Secretary’s deter-
mination, to undertake all future equipment and
maintenance expenses for the project.
(c) HIGH UNEMPLOYMENT RATES.—
(1) PRIORITY.—In making grants under this
title, if for the 12 most recent consecutive months
the average national unemployment rate in the con-
struction trades is equal to or exceeds 8 percent, the
Secretary shall (A) expedite and give priority to ap-
plications submitted by States or local governments
having average unemployment rates for the 12 most
recent consecutive months in excess of the average
national unemployment rates for the construction
trades, and (B) shall give priority thereafter to ap-
plications submitted by States or local governments
having average unemployment rates for construction
trades for the 12 most recent consecutive months in
excess of 6 percent, but less than the average na-
tional unemployment rate for such construction
trades.
(2) INFORMATION REGARDING UNEMPLOYMENT
RATES.—Information regarding unemployment rates
may be furnished either by the Federal Government,
or by States or local governments, provided the Sec-
retary (A) determines that the unemployment rates
furnished by States or local governments are accu-
rate, and (B) shall provide assistance to State or
local governments in the calculation of such rates to
assure validity and standardization.
(3) LIMITATION
ON
APPLICABILITY.—Para-
graph (1) of this subsection shall not apply to any
State which receives a minimum allocation pursuant
to paragraph (2) of subsection (a) of this section.
(d) STATE AND LOCAL PRIORITIZATION OF APPLICA-
TIONS.—Whenever a State or local government submits
applications for grants under this title for 2 or more
projects, such State or local government shall submit as
part of such applications its priority for each such project.
(e) LOCALIZATION OF UNEMPLOYMENT DETERMINA-
TIONS.—The local unemployment rate of construction
trades workers may, for purposes of this title, and upon
request of the applicant, be based upon the unemployment
rate of any community or neighborhood (defined without
regard to political or other subdivisions or boundaries)
within the jurisdiction of such local governments.
SEC. 104. RULES, REGULATIONS, AND PROCEDURES.
(a) IN GENERAL.—The Secretary shall, not later
than 30 days after the date of enactment of this title, pre-
scribe those rules, regulations, and procedures (including
application forms) necessary to carry out this Act. Such
rules, regulations, and procedures shall assure that ade-
quate consideration is given to the relative needs of var-
ious sections of the country. The Secretary shall consider
among other factors—
(1) the severity and duration of unemployment
in proposed project areas;
(2) the income levels and extent of under-
employment in proposed project areas;
(3) the extent to which proposed projects will
contribute to increased employment in the construc-
tion trades and to future economic growth; and
(4) the needs of proposed project areas to re-
cover from natural or other disaster which has af-
fected the infrastructure of such area.
(b) CONSIDERATION OF APPLICATIONS.—The Sec-
retary shall make a final determination with respect to
each application for a grant submitted under this title not
later than the 60th day after the date the Secretary re-
ceives such application.
(c) CONSIDERATION OF CONSTRUCTION INDUSTRY
EMPLOYMENT.—For purposes of this section, in consider-
ing the extent of unemployment or underemployment, the
Secretary shall consider the amount of unemployment or
underemployment in the construction and construction-
related industries.
SEC. 105. GENERAL LIMITATION.
(a) ACQUISITION OF LAND—No part of any grant
made under section 102 of this title shall be used for the
acquisition of any interest in real property.
(b) MAINTENANCE COSTS.—Nothing in this title
shall be construed to authorize the payment of routine
scheduled maintenance costs in connection with any
projects constructed (in whole or in part) with Federal fi-
nancial assistance under this title.
(c) ON-SITE LABOR.—Grants made by the Secretary
under this title shall be made only for projects for which
the applicant gives satisfactory assurances, in such man-
ner and form as may be required by the Secretary and
in accordance with such terms and conditions as the Sec-
retary may prescribe that, if funds are available, onsite
labor work can begin within 90 days of project approval.
(d) CONTRACTING.—
(1) COMPETITIVE BIDDING.—
(A) Construction projects performed under
contract with funds made available under this
title shall be performed by contract awarded by
competitive bidding, unless the Secretary shall
affirmatively find that, under the circumstances
related to such project, an alternative method is
in the public interest. It is in the public interest
that tax-funded projects shall be performed effi-
ciently, with a high level of productivity, and
shall produce a product of highest quality.
(B) For this purpose, public authorities
awarding contracts under this Act shall, as a
first option, seek to obtain Project Agreements
with Building Trades Councils which have juris-
diction over the geographical area included in
the location of the project. These Project Agree-
ments shall include the establishment of Project
Committees consisting of public officials, labor
representatives and managerial representatives.
The Committee will hear and rule on com-
plaints pertaining to job safety and health, mi-
nority hiring and prevailing wage, and appren-
ticeship training provisions of this Act, as well
as craft jurisdiction and any and all disputes
which may arise on the job. Public Authorities
shall assign to each project an enforcement offi-
cer who shall oversee and enforce compliance
with labor standards, hiring practices, and ap-
prenticeship standards specified in this Act, as
well as those orders of the Project Committee
applicable to the project.
(2) LOWEST RESPONSIVE BID.—Contracts for
the construction of each project for which a grant is
made under this title shall be awarded only on the
basis of the lowest responsive bid submitted by a
bidder meeting the established criteria of responsibil-
ity, subject to subsection (c) of this section.
(3) ADVERTISING.—No requirement or obliga-
tion shall be imposed as a condition precedent to the
award of a contract to a bidder for a project for
which a grant is made under this title, or to the Sec-
retary’s concurrence in the award of a contract to
such bidder, unless such requirement or obligation is
otherwise lawful and is specifically set forth in the
advertised specifications or in this title.
(e) ENVIRONMENTAL SAFEGUARDS.—All local public
works projects carried out with Federal financial assist-
ance under this title shall comply with all relevant Federal,
State or local environmental laws and regulations.
(f) BUY AMERICA ACT.—If a local public works
project carried out with Federal assistance under this title
would be eligible for Federal financial assistance under
provisions of law other than this Act and, under such
other provision of law, would be subject to title III of the
Act of March 3, 1993, popularly known as the Buy Amer-
ica Act, or similar requirements, such project shall be sub-
ject to such title of such Act of March 3, 1993, or such
similar requirements under this Act in the same manner
and to the same extent as such project would be subject
to such title of such Act of March 3, 1993, or such similar
requirements under such other provisions of law.
(g) MINORITY PARTICIPATION.—If a local public
works project carried out with Federal financial assistance
under this title would be eligible for Federal financial as-
sistance under provisions of law other than this Act and,
under such other provisions of law, would be subject to
any minority participation requirement, such project shall
be subject to such requirement under this Act, in the same
manner and to the same extent as such project would be
subject to such requirement under such other provisions
of law.
(h) APPLICABILITY OF LAWS REGARDING INDIVID-
UALS WITH DISABILITIES.—Sections 504 and 505 of the
Rehabilitation Act of 1973 and the Americans With Dis-
abilities Act of 1990 shall apply to local public works
projects carried out under this title.
SEC. 106. FUNDING.
There 
is 
authorized 
to 
be 
appropriated
$25,000,000,000 for fiscal years 1998, 1999, and 2000
to carry out this title. Moneys appropriated pursuant to
this authorization shall remain available until expended.
Any amounts made available under this title for fiscal year
1998 shall be deemed to be emergency spending under sec-
tion 251(b)(2)(D) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
TITLE II—PUBLIC WORKS AND JOB
RESTORATION
Subtitle A—Jobs 2000
SEC. 201. SHORT TITLE.
This subtitle may be cited as the ‘‘Jobs 2000 Act of
1997’’.
SEC. 202. PURPOSE.
It is the purpose of this subtitle to develop and pro-
vide useful and productive opportunities for unemployed
and underemployed people, especially young people,
through payments for labor and related costs associated
with the construction, repair or rehabilitation of essential
community and educational facilities; with the reclama-
tion, improvement and conservation of public lands; and
with the creation, repair, rehabilitation and restoration of
public safety, public transportation, health, social services,
and recreation facilities and other activities necessary to
the public welfare.
SEC. 203. ELIGIBLE PARTICIPANTS.
(a) GENERAL ELIGIBILITY REQUIREMENTS.—An in-
dividual shall be eligible to participate in a program,
project or activity receiving funds under this subtitle only
if such individual—
(1) is a resident or citizen of the United States,
(2) is an unemployed individual at the time of
enrollment, and
(3) has been unemployed for at least 30 days
immediately preceding the date of such enrollment,
except as otherwise provided in subsection (e) of this
section and section 222. Individuals may be certified
for purposes of this section in accordance with pro-
cedures agreed to by the eligible administrative en-
tity and established in regulations established by the
Secretary.
(b) DURATION OF ELIGIBILITY.—No individual who
is eligible under subsection (a) shall receive wages from
funds made available under this subtitle in excess of 52
weeks in any 2-year period, in accordance with the follow-
ing subsidy schedule—
(1) up to 75 percent of the participant’s wages
may be subsidized for the first 26 weeks.
(2) up to 50 percent of the participant’s wages
may be subsidized for the next 13 weeks, and
(3) up to 25 percent of the participant’s wages
may be subsidized for the next 13 weeks.
(c) PRIORITY FOR PARTICIPATION.—In the selection
of participants for activities under this subtitle, priority
shall be given to individuals who—
(1) at the time of selection, have exhausted or
are otherwise not eligible for unemployment benefits,
particularly—
(A) those individuals who have been unem-
ployed for the longest periods of time preceding
the date of their selection;
(B) those residing in households in which
no other member is employed on a full-time
basis;
(C) those individuals who are or were
qualified participants in a Trade Adjustment
Act program or other Federal program provid-
ing job reemployment assistance due to base
closure, factory closure or other job loss due to
economic factors;
(D) those young people who are unem-
ployed and who reside in communities with the
highest levels of unemployment or underemploy-
ment; and
(2) (except for individuals described in subpara-
graph (D)) have been employed within the past 2
years by the employer that is providing the sub-
sidized job position.
(d) SPECIAL CONSIDERATION FOR WELFARE RECIPI-
ENTS.—Entities receiving funds under this subtitle shall
give special consideration to applicants who are—
(1) custodial parents of children who are recipi-
ents of assistance under title IV of the Social Secu-
rity Act; and
(2) noncustodial parents of one or more non-
dependent children who are recipients of assistance
under title IV of the Social Security Act, but only
if said applicants agree in writing to the withholding
of an appropriate portion of their wages to be ap-
plied to the support of said child or children under
any child support order.
(e) SPECIAL CONSIDERATION FOR VETERANS.—With
regard to services to veterans provided under section
210(a)(3)(N), special consideration in selecting partici-
pants for employment in such activities shall be given to
veterans who otherwise meet the eligibility requirements
of this section.
(f) EQUAL EMPLOYMENT OPPORTUNITIES.—In cer-
tifying eligible participants under subsection (a) and in re-
ferring them for employment to recipients under subtitles
B and C, the administrative entity shall be responsible for
ensuring equal employment opportunities and the full par-
ticipation of traditionally underrepresented groups, includ-
ing women and racial and ethnic minorities, in employ-
ment provided with funds made available under this title.
Each recipient of funds under subtitle B and C shall be
responsible for ensuring such opportunities and full par-
ticipation in the selection of eligible participants for such
employment.
SEC. 204. LIMITATION ON USE OF FUNDS.
(a) RESERVATION FOR WAGES AND BENEFITS.—Not
less than 75 percent of the funds made available to any
recipient under subtitles B and C from funds appropriated
under section 271 of this Act for any fiscal year shall be
used to provide for wages and related employment benefits
to eligible participants for work which the recipient cer-
tifies has been performed in one or more of the activities
authorized under this title.
(b) LIMITATION ON ADMINISTRATIVE COSTS.—Not
more than 10 percent of the funds provided to any recipi-
ent under this title from funds appropriated for any fiscal
year may be used for the costs of administration.
(c) ACQUISITION OF TOOLS, EQUIPMENT, AND MA-
TERIALS.—The remainder of the funds provided to any
recipient under this title from funds appropriated for any
fiscal year (after compliance with subsection (a) and de-
duction of costs of administration permitted by subsection
(b)) may be used for the acquisition of supplies, tools,
equipment, and other materials directly related to the pur-
pose for which the funds were provided.
(d) USE OF OTHER FUNDS.—
(1) USE OF ACQUISITION COSTS.—Nothing in
this Act shall be construed to preclude or limit the
payment of the costs of administration or the costs
of supplies, tools, equipment, or other materials di-
rectly related to the project or program being fund-
ed, either in whole or in part, from non-Federal
sources or from Federal sources other than under
this Act, such as section 106 of the Housing and
Community Development Act of 1974 (42 U.S.C.
5306).
(2) BUY AMERICA REQUIREMENT.—In designat-
ing projects under this Act, the recipient shall, to
the extent feasible, ensure that supplies, tools, equip-
ment, or other materials purchased or procured (in
accordance with paragraph (1)) have been manufac-
tured, mined, or produced in the United States, un-
less such supply, tool, equipment, or material is not
available in reasonable quantity and quality as re-
quired to fulfill the needs of such project or activity.
(e) TRAINING COST EXCEPTION.—Notwithstanding
subsection (a), funds available under subtitle B may be
used for costs associated with training and related support
for a number of participants if—
(1) employers have made commitments to fill
an equal number of unsubsidized jobs with partici-
pants who have successfully completed such training;
(2) the recipient has entered into an agreement
for the provision of such training to participants
with one or more of the following: an Apprenticeship
Training program which is certified by the Depart-
ment of Labor for the construction industry and
meets Federal standards for apprenticeship training;
an administrative entity designated under section
103(b)(1)(B) of the Job Training Partnership Act
(29 U.S.C. 1513(b)(1)(B)), a local educational agen-
cy, a vocational education school, an institution of
higher education, a community-based organization, a
community action agency, a community development
corporation, or other qualified public or private non-
profit provider of training services; and
(3) the costs associated with providing such
training and related support to any participant from
funds available under this Act do not exceed, on a
weekly basis, the maximum wage which may be paid
with funds available under this Act in accordance
with section 301(g)(2).
(f) SALARY LIMITATION.—Funds available for the
cost of administration pursuant to subsection (b) may not
be used to pay salaries or wages to administrative or su-
pervisory employees—
(1) at a rate that is greater than the rate of the
salaries or wages paid to employees performing com-
parable functions for the same employer; or
(2) if there is no such comparable rate, at a
rate which is in excess of the rate of pay prescribed
for GS–13 of the General Schedule with respect to
employees of the Federal Government.
Subtitle B—Employment in Support of
Community Renewal
PART A—COMMUNITY IMPROVEMENT PROJECTS.
SEC. 210. EMPLOYMENT IN COMMUNITY IMPROVEMENT
PROJECTS.
(a) QUALIFIED ACTIVITIES.—Eligible participants
shall be employed in community improvement projects
under this subtitle in one or more of the following
activities:
(1) Repair, rehabilitation, or improvement of
public facilities, including—
(A) street, highway or road repair;
(B) painting and/or repair of bridges and
pedestrian overpasses or underpasses;
(C) rehabilitation or repair of community
facilities, such as public libraries or other public
buildings;
(D) rehabilitation, repair and moderniza-
tion of public housing;
(E) water development projects and repair
of water systems,
(F) repair and rehabilitation of public
mass transit systems;
(G) erecting and replacing school crossing,
intersection and other road surfaces or sign
markings and removing road or public sidewalk
obstructions;
(H) rehabilitation of public playgrounds
and parks;
(I) installation and repair of drainage
pipes, catch basins or other portions of systems
to control potential flooding;
(J) installation of graded ramps and as-
sistance devices such as handrails for the handi-
capped; and
(K) weatherization and other energy con-
servation activities.
(2) Activities to conserve, restore, rehabilitate
or improve public lands, including—
(A) erosion, fire, flood, drought, earth-
quake, and storm damage prevention, assist-
ance, and control;
(B) removal of refuse and hazardous mate-
rials from drainage ditches, illegal dumping
sites, and other public areas;
(C) stream, lake and waterfront harbor
and port improvements and pollution control;
(D) nursery, forestry and silvicultural op-
erations,
(E) reclamation activities on public lands
that have been stripmined or subjected to other
mineral extraction activities;
(F) fish culture and habitat maintenance
and improvement and other fishery assistance;
(G) rehabilitation, improvement and con-
servation of rangelands;
(H) urban revitalization and historical and
cultural site preservation;
(I) road and trail maintenance and im-
provement;
(J) improvement and reuse of abandoned
railroad bed and right-of-way; and
(K) renewable resource enhancement, en-
ergy conservation projects and recovery of
biomass.
(3) Public safety, health, social service, and
other activities necessary to the public welfare, in-
cluding—
(A) fire hazard inspection and repair, and
repairing or replacing fire hydrants;
(B) emergency food and shelter activities;
(C) child and dependent care (including
respite care) designed to enable parents or
other caregivers to become fully employed;
(D) assisting in nutrition programs for
children, the elderly and the disabled;
(E) other services for the elderly or dis-
abled, including meals on wheels, in-home serv-
ices and respite care;
(F) disaster relief efforts to assist victims;
(G) upgrading personal and residential se-
curity for elderly, disabled and low-income resi-
dents of public or publicly assisted housing;
(H) public health services, including immu-
nizations of children and assistance in commu-
nity health centers;
(I) emergency medical and rescue services;
(J) drug and alcohol abuse programs;
(K) domestic violence programs, including
prevention of child abuse and protection of
abused children or elderly persons;
(L) education and training assistance, in-
cluding family literacy, English as a second lan-
guage, basic skills education, remedial tutoring,
and occupational skills training;
(M) assisting public library programs,
including library aides programs and book mo-
biles;
(N) employment counselling, homelessness
prevention and other services to veterans and
their families;
(O) security guards for public schools and
public housing projects;
(P) police support such as dispatchers,
neighborhood watch, and traffic control to free
police officers for full time street duty;
(Q) staff support for juvenile and adult
correctional facilities;
(R) rodent and insect control activities;
(S) hazardous materials surveys; and
(T) unemployment counselling and job
placement services.
(b) JOINT PROGRAMS AUTHORIZED.—Nothing in
this subtitle shall be construed to preclude such activities
from being conducted in conjunction with programs fund-
ed from sources other than under this subtitle.
(c) DEFINITION OF PROJECT.—For the purpose of
this section, the term ‘‘project’’ means a definable task
or group of related tasks which—
(1) will be carried out by a government depart-
ment, public or quasi-public agency, private non-
profit organization or private contractor, including
those carried out in conjunction with the local Build-
ing Trades Councils (as described in section
204(e)(2));
(2) if a program designed to create or modify,
repair, rehabilitate or restore buildings or other tan-
gible property, will be completed within 24 months
(or such longer period as the Secretary may provide
in a program grant);
(3) is an activity authorized under this section
or section 231(b);
(4) will result in a specific product or accom-
plishment;
(5) would not otherwise be conducted with ex-
isting funds; and
(6) will meet the priorities established in section
214.
(d) PUBLIC LANDS PROJECTS LIMITATIONS.—
(1) BENEFITS AND REIMBURSEMENT.—Projects
to be carried out under subsection (a)(2) shall be
limited to projects on public lands or Indian lands
except where a project involving other lands will pro-
vide a documented public benefit and reimbursement
will be provided to the recipient for that portion of
the total cost of the project which does not provide
a public benefit. Notwithstanding any other provi-
sion of law, any reimbursement referred to in the
preceding sentence shall be retained by the recipient
and shall be used by the recipient for purposes of
carrying out other projects under this subtitle.
(2) CONSISTENCY WITH LAWS AND POLICIES.—
All projects carried out under this Act for conserva-
tion, rehabilitation, restoration or improvement of
any public lands or Indian lands shall be undertaken
in a manner consistent with the provisions of law
and policies relating to the management and admin-
istration of such lands, with all other applicable pro-
visions of law, and with all management, oper-
ational, and other plans and documents which gov-
ern the administration of the area.
SEC. 211. ELIGIBLE ADMINISTRATIVE ENTITIES.
(a) IN GENERAL.—Except as otherwise provided in
this section, an eligible administrative entity under section
103(b)(1)(B) of the Job Training Partnership Act (29
U.S.C. 1513(b)(1)(B)) that serves one or more eligible ju-
risdictions.
(b) ELIGIBLE JURISDICTIONS.—An eligible jurisdic-
tion under this subtitle is an area which has an unemploy-
ment rate in excess of 6 percent and which is—
(1) a unit of general local government which
has a population of 50,000 or more individuals;
(2) a consortium of contiguous units of general
local government which includes—
(A) two or more municipal governments at
least one of which is an eligible jurisdiction
under paragraph (1);
(B) a combination of one or more of such
municipal governments and one or more county
governments (or equivalents); or
(C) two or more county governments (or
equivalents) at least one of which is an eligible
jurisdiction under paragraph (1);
(3) a contiguous group of census tracts that
constitutes an area of substantial unemployment (as
defined in section 212(c)) that is not within an area
that is an eligible jurisdiction under paragraph (1)
or (2); or
(4) any Native American Indian Tribe, band, or
group on a Federal or State reservation, the Okla-
homa Indians, and any Alaska Native village or
group as defined in the Alaska Native Claims Settle-
ment Act, having a governing body.
(c) QUALIFICATION
OF
ADMINISTRATIVE
ENTI-
TIES.—
(1) IN
GENERAL.—An administrative entity
that serves an eligible jurisdiction shall qualify as an
eligible administrative entity for that eligible juris-
diction by filing, within 30 days of the allotment of
funds to such area under section 212, a statement
in accordance with section 213 with respect to the
use of such allotment. If no such administrative en-
tity files such a statement within the specified time,
the Secretary may, on the basis of filings of such a
statement, qualify another administrative entity
within the same State to serve that jurisdiction.
(2) PRESERVATION
OF
LOCAL
SERVICE.—A
larger unit of general local government (determined
on the basis of population) shall not qualify as an
eligible administrative entity to serve the population
of any geographic area within the jurisdiction of any
smaller unit of general local government (determined
on the basis of population) if the latter such unit is
or is part of an eligible administrative entity that
has filed a statement under section 213 with respect
to the use of funds provided under this title for such
area.
SEC. 212. ALLOTMENT OF FUNDS.
(a) NATIVE AMERICAN ALLOTMENT.—
(1) FUNDS
RESERVED.—From the amount
available for purposes of this title for any fiscal year
(exclusive of the amount available for subpart C) the
Secretary shall reserve 2 percent for allotments
among Native American eligible jurisdictions de-
scribed in section 211(b)(4) in accordance with para-
graph (2).
(2) ALLOTMENTS.—The amounts which are re-
quired by paragraph (1) to be allotted in accordance
with this paragraph among Native American eligible
jurisdictions shall be allotted among such jurisdic-
tions on an equitable basis, taking into account the
extent to which regular employment opportunities
have been lacking for long-term periods among indi-
viduals within the jurisdiction of such entities.
(b) GENERAL ALLOTMENTS.—
(1) RESERVATION.—The remainder of the
amount available for this subtitle for any fiscal year
(after making the allotment required by subsection
(a)) shall be allotted by the Secretary to the States
for allocation to eligible jurisdictions within each
State. Each State shall allocate to the eligible juris-
dictions within the State such amounts as deter-
mined by the Secretary pursuant to the formula con-
tained in paragraph (2).
(2) FORMULA.—Of the amounts allotted to eli-
gible jurisdictions for this part of each fiscal year—
(A) 331⁄3 percent shall be allotted on the
basis of the relative number of unemployed in-
dividuals residing in areas of substantial unem-
ployment within each eligible jurisdiction as
compared to the total number of such unem-
ployed individuals in all eligible jurisdictions in
all States;
(B) 662⁄3 percent shall be allotted on the
basis of the relative number of unemployed in-
dividuals residing within each eligible jurisdic-
tion as compared to the total number of unem-
ployed individuals residing in all eligible juris-
dictions in all States.
(3) LIMITATIONS ON FORMULA.—The total al-
lotment for all eligible jurisdictions within any one
State shall not be less than one-quarter of 1 percent
of the total allotted to all eligible jurisdictions in all
States.
(c) DEFINITIONS.—For the purposes of this section:
(1) The term ‘‘area of substantial unemploy-
ment’’ means any area of sufficient size and scope
to sustain a program under this subtitle and which
has an average unemployment rate of at least 6 per-
cent for the most recent 12 months as determined
by the Secretary. Determinations of areas of sub-
stantial unemployment shall be made once each fis-
cal year.
(2) The term ‘‘excess number’’ means the num-
ber which represents the number of unemployed in-
dividuals in excess of 4.5 percent of the civilian labor
force in the service delivery area, or the number
which represents the number of unemployed individ-
uals in excess of 4.5 percent of the civilian labor
force in areas of substantial unemployment in such
service delivery area.
SEC. 213. REQUIREMENTS FOR RECEIPT OF ALLOTMENT.
(a) SUBMISSION OF STATEMENT.—
(1) CONTENT
OF
STATEMENT.—Each eligible
administrative entity which desires to receive an al-
lotment under section 212 shall, within 30 days
after receiving notice of such allotment, submit to
the Secretary a statement—
(A) designating a fiscal agent for the re-
ceipt of payments from such allotment;
(B) agreeing to use funds only in accord-
ance with the provisions of this Act;
(C) agreeing to use such funds for projects
or activities under subpart A, B, and C of this
subtitle and for which, to the maximum extent
feasible, on-site labor can begin within 45 days
of receipt of funds under this subtitle; and
(D) agreeing to provide each of the quar-
terly reports required by subsection (c).
(2) ACTIONS BY SECRETARY.—Within 30 days
after the final day for the submission of statements
required by paragraph (1), the Secretary shall, on
the basis of only those eligible administrative entities
submitting such statements, make a final allotment
of funds in accordance with section 212, and shall
notify each such eligible administrative entity of the
amount of its final allotment.
(b) PAYMENT OF ALLOTMENTS.—
(1) PROSPECTIVE RULE.—For fiscal years be-
ginning after the date of enactment of this Act, the
Secretary shall pay to each eligible administrative
entity which has filed a statement in accordance
with subsection (a) its allotment for that fiscal year.
Such payments shall be made in equal installments
not later than 5 days after the beginning of each
quarter for which funds are available.
(2) PREVIOUS FISCAL YEAR PAYMENTS.—For
any fiscal year which began prior to the date of en-
actment of this Act, the Secretary shall, not later
than 30 days after the final allotment of funds for
such fiscal year under subsection (a)(2), pay to each
eligible administrative entity which has filed a state-
ment the total amount of such allotment.
(c) REPORTS ON USE OF FUNDS.—Not later than 45
days after the end of each calendar quarter, each eligible
administrative entity which has, during such quarter, ex-
pended funds made available under this subtitle (in that
or a preceding quarter) shall submit to the Secretary a
report on the use of such funds. Such report shall—
(1) describe in detail the jobs created with such
funds, including—
(A) the nature of the employment activity;
(B) the wage rates paid; and
(C) the duration of employment;
(2) contain adequate data to evaluate the char-
acteristics of participants in programs and projects
under this subtitle, including the sex, race, age,
handicapped status, and veteran status of partici-
pants; and
(3) contain such information as the Secretary
may specifically request in order to ascertain wheth-
er such entity has used such funds in accordance
with the requirements of this Act.
(d) WITHHOLDING SUBJECT TO PROCEDURES.—The
Secretary may not withhold, suspend, or terminate the
payment of any installment of an allotment except in ac-
cordance with section 303 of this Act.
SEC. 214. PROJECT DESIGN.
(a) PRIORITY.—In designing projects under this sub-
title, the administrative entity shall give priority to
projects on the basis of—
(1) the severity and duration of unemployment
within localities in the area of the eligible adminis-
trative entity;
(2) the degree to which project activities will
lead to the expansion of unsubsidized employment
opportunities in the private sector;
(3) the level of need which exists for the activi-
ties and services to be provided;
(4) the extent to which the activities will pro-
vide long-term benefits to the public;
(5) the extent to which the activities will instill
in the enrollee involved a work ethic and a sense of
public service;
(6) the extent to which the project will be labor
intensive; and
(7) the extent to which the project can be
planned and initiated promptly.
(b) COORDINATION.—To the extent feasible, employ-
ment opportunities established with funds made available
under this subtitle shall be coordinated with other Federal,
State and local activities, including vocational and adult
education, job training provided with funds available
under the Job Training Partnership Act (29 U.S.C. 1501,
et seq.), the Family Support Act of 1988, and activities
receiving funds available under section 106 of the Housing
and Community Development Act of 1974 (42 U.S.C.
5306), and other Federal laws.
(c) COMPETITIVE BIDDING.—In the case of projects
or activities that involve construction, reconstruction, re-
pair or renovation of physical structures—
(1) each project for which a grant is made
which is performed by contract shall be awarded by
competitive bidding, unless the Secretary shall af-
firmatively find that, under the circumstances relat-
ed to such project, an alternative method is in the
public interest. It is in the public interest that tax-
funded projects shall be performed efficiently, with
a high level of productivity, and shall produce a
product of highest quality;
(2) public authorities awarding contracts under
this Act shall, as a first option, seek to obtain
Project Agreements with Building Trades Councils
which have jurisdiction over the geographical area
included in the location of the project. These Project
Agreements shall include the establishment of
Project Committees consisting of public officials,
labor representatives and managerial representa-
tives. The Committees will hear and rule on com-
plaints pertaining to job safety and health, minority
hiring and prevailing wage, and apprenticeship
training provisions of this Act, as well as craft juris-
diction and any and all disputes which may arise on
the job. Public authorities shall assign to each
project an enforcement officer who shall oversee and
enforce compliance with labor standards, hiring
practices, and apprenticeship standards specified in
this Act, as well as those orders of the Project Com-
mittee applicable to the project;
(3) contracts for the construction of each
project for which a grant is made under this title
shall be awarded only on the basis of the lowest re-
sponsive bid submitted by a bidder meeting the es-
tablished criteria or responsibility, subject to sub-
section (c) of this section;
(4) no requirement or obligation shall be im-
posed as a condition precedent to the award of a
contract to a bidder for a project for which a grant
is made under this title, or to the Secretary’s con-
currence in the award of a contract to such bidder,
unless such requirement or obligation is otherwise
lawful and is specifically set forth in the advertised
specification or in this title; and
(5) all local public works projects carried out
with Federal financial assistance under this title
shall comply with all relevant Federal, State or local
environmental laws and regulations.
PART B—COMMUNITY IMPROVEMENT AND
RENEWAL ACTIVITIES FOR YOUTH TRAINEES.
SEC. 221. YOUTH TRAINEE ACTIVITIES.
(a) USE OF FUNDS AUTHORIZED.—Funds under this
subtitle may be used for eligible youth who are paid wage
and benefits from such funds for part-time employment
not in excess of 32 hours per week. Such part-time em-
ployment may be in any activity described in section 310
or may be at a work site operated by a public or private
nonprofit agency or organization or by an employer orga-
nized for profit, but shall be provided in a manner which
requires, and is consistent with, the youth’s enrollment in
high school, a program which leads to a certificate of high
school equivalency, or a program of basic skills, skills
training or employability development, including a pro-
gram operated pursuant to the Family Support Act. Such
enrollment shall be for a minimum of 8 hours per week.
(b) JOINT PROJECTS AUTHORIZED.—In meeting the
requirements of subsection (a), funds required to be used
for such purpose may be used in activities which also re-
ceive funds under the Job Training Partnership Act (in-
cluding Job Corps), the Carl T. Perkins Vocational Edu-
cation Act, the Family Support Act’s Job Opportunities
and Basic Skills Program, or other Federal, State or local
public or private education or training program.
SEC. 222. ELIGIBLE YOUTH.
(a) EXEMPTION FROM UNEMPLOYMENT DURATION
REQUIREMENTS.—Notwithstanding section 203(a)(2) re-
garding duration of employment—
(1) any youth aged 16 through 19; or
(2) any youth aged 16 through 24 who is the
natural parent of a dependent non-custodial child,
and who executes an agreement of support and an
authorization for the withholding of a portion of the
wages from such activity for use in supporting such
dependent child; and
(3) who is currently unemployed shall be eligi-
ble to be a participant in activities conducted under
this part.
(b) PRIORITY.—In selecting such participants, an eli-
gible administrative entity shall, notwithstanding section
203(c), give priority to individuals who are economically
disadvantaged. Among such individuals, eligible school
dropouts shall be served on an equitable basis. For pur-
poses of this subsection, a school dropout is an individual
who is not attending any school and has not received a
secondary school diploma or certificate of high school
equivalency.
PART C—STATE JOB PROGRAMS
SEC. 231. FINANCIAL ASSISTANCE FOR STATE JOB PRO-
GRAMS.
(a) USE OF ALLOTTED FUNDS.—Five percent of the
sums allotted to each State under section 204 shall be
available for purposes of this part.
(b) USE OF FUNDS.—The sums available under sub-
section (a) shall be used for employment of eligible partici-
pants under this subtitle—
(1) through State-administered programs and
activities authorized under section 201, such as
those in—
(A) State parks, forests, recreation, and
conservation programs (including rangeland re-
habilitation and improvement and beach front
erosion rehabilitation and repair);
(B) State hospitals and other institutions
and facilities providing health care;
(C) State correctional institutions and pro-
grams, including juvenile facilities; and
(D) State administered social service pro-
grams (including State-sponsored pre-school
and child care programs);
(2) through special assistance (in conjunction,
as appropriate, with eligible administrative entities
under subtitle B) for areas which have experienced
sudden or severe economic dislocations, including
large scale losses of jobs caused by the closing of fa-
cilities (including defense related facilities) or mass
layoffs;
(3) through State-directed emergency aid pro-
grams to cope with natural disasters, including ero-
sion, flood, drought, and storm damage assistance
and control activities; and
(4) through special assistance to seasonal farm-
workers and small farmers in rural agricultural
areas which have experienced substantial losses of
jobs due to the rising numbers of farm mortgage
foreclosures and other severe economic disruption (in
conjunction, as appropriate, with administrative en-
tities under subtitle B or with related programs
under the Job Training Partnership Act (29 U.S.C.
1501, et seq.), or both).
(c) PROGRAM AND ACTIVITY SELECTION AND DE-
SIGN.—In determining the programs and activities to re-
ceive funds allotted under subsection (a), the State shall
give first priority to the establishment of those programs
and activities which will provide job sites—
(1) within jurisdictions defined in section 204;
or
(2) only after such priority is met by the State,
within areas in the State in which the rate of unem-
ployment is the highest.
In designing projects under this section, the State shall
evaluate projects on the basis of the severity and duration
of unemployment within localities in the State and the
level of need which exists for the activities and services
to be provided.
(d) STATEMENT REQUIRED.—Each State which de-
sires to expend funds under this part shall, within 30 days
after receiving notice of its allotment, submit to the Sec-
retary a statement—
(1) agreeing to use such funds only in accord-
ance with the provisions of this Act; and
(2) agreeing to provide each of the quarterly re-
ports required by subsection (e).
(e) REPORTS REQUIRED.—Not later than 30 days
after the end of each calendar quarter, each State which
has, during such quarter, expended funds made available
under this part (in that or a preceding quarter) shall sub-
mit to the Secretary a report on the use of such funds.
Such report shall—
(1) describe in detail the jobs created with such
funds including—
(A) the nature of the employment activity;
(B) the wage rates paid; and
(C) the duration of employment;
(2) contain adequate data to evaluate the char-
acteristics of participants in programs under this
part, including race, sex, age, handicapped status,
and veteran status of participants; and
(3) contain such other information as the Sec-
retary may specifically request in order to ascertain
whether the State has used such funds in accordance
with the requirements of this Act.
Subtitle C—Employment Activities —Repair
and Renovation of Educational Facilities
PART A—ELEMENTARY AND SECONDARY
SCHOOL FACILITIES IMPROVEMENT JOBS.
SEC. 241. SCHOOL FACILITY REPAIR AND RENOVATION
PROJECTS.
(a) USE OF FUNDS AUTHORIZED.—Funds shall be
made available under this part for any fiscal year to any
eligible local education agency in an eligible jurisdiction
under section 211 and shall be used to carry out projects
and activities (in accordance with the limitation on use
of funds set forth in section 204) providing employment
to eligible participants (qualifying under section 203) in
work on the repair, renovation, restoration or rehabilita-
tion of the public school facilities of such local education
agency.
(b) USE OF QUICK-START PROJECTS.—To the maxi-
mum extent feasible, funds made available under this part
shall be used for projects or activities on which on-site
labor can begin within 30 days of receipt of funds under
this part.
(c) PERMITTED USE OF FUNDS.—Funds available
under this part shall be used in accordance with State and
local procedures—
(1) for assisting State and local educational
agencies in bringing their public school facilities into
conformity with the requirements of—
(A) the Act of August 12, 1968, commonly
known as the Architectural Barriers Act of
1968;
(B) section 504 of the Rehabilitation Act
of 1973;
(C) the Americans with Disabilities Act;
and
(D) environmental protection or health and
safety programs mandated by Federal, State or
local law, especially for those facilities which
were constructed before such requirements were
in effect;
(2) for the repair, renovation, restoration, or re-
habilitation of public school facilities, including elec-
trical rewiring for new technology;
(3) for conversion of presently unused or
underused facilities into adult training centers or
preschool education centers, including Head Start
centers;
(4) for remodeling or renovating structures to
make them more energy efficient; or
(5) for detecting, removing or otherwise con-
taining lead or asbestos in academic or other facili-
ties used by students.
(d) TRIBAL SCHOOL PROJECTS.—
(1) APPLICATION
REQUIRED.—Funds made
available to the Secretary of the Interior shall be
made available, upon application, to Indian tribal
schools for purposes consistent with subsection (c),
and consistent with Federal and Tribal procedures.
Such applications shall contain a description of the
activities to be performed, with estimates of the
costs associated with such activities, and shall give
priority to the employment of Native Americans, and
to the activities described in subsection (c)(1).
(2) REGULATIONS.—The Secretary of the Inte-
rior shall, not later than 120 days after the date of
enactment of this Act, promulgate regulations nec-
essary for the establishment of the program author-
ized under this subsection. In addition, the Secretary
of the Interior shall, during the 120-day period and
annually thereafter, establish by regulation priorities
for making grants under this subsection which are
consistent with subsection (c).
(3) COMPLIANCE WITH ALLOTMENT REQUIRE-
MENTS.—For purposes of section 242, the Depart-
ment of the Interior shall be considered as a State
educational agency.
(4) RULE
OF
CONSTRUCTION.—Nothing con-
tained in this subsection shall be construed so as to
relieve the Secretary of the Interior of the respon-
sibility to provide adequate and equitable funding
under the Snyder Act (25 U.S.C. 13) for the oper-
ations and maintenance of Indian tribal school facili-
ties.
SEC. 242. ALLOTMENT OF FUNDS.
(a) FUNDS RESERVED.—From the amount available
for purposes of this part for any fiscal year, the Secretary
shall reserve 2 percent for the allotment among Native
American eligible jurisdictions described in section
211(b)(4). Such reserved amount shall be allotted among
Native American eligible jurisdictions on an equitable
basis, taking into account the extent to which regular em-
ployment opportunities have been lacking for long-term
periods among individuals within the jurisdiction of such
entities.
(b) LOCAL EDUCATIONAL AGENCY ALLOTMENTS.—
The remainder of the amount available for purposes of
this part for any fiscal year shall be allotted by the Sec-
retary among local educational agencies located within eli-
gible jurisdictions (as determined by section 211(b)) by
allocating to each such local educational agency an
amount that bears the same ratio to such remainder as
the allotment (under section 212(b)(2)) of the eligible ju-
risdiction within which it is located bears to the sum of
the allotments to all eligible jurisdictions under such sec-
tion.
SEC. 243. REQUIREMENTS FOR RECEIPT OF ALLOTMENT.
(a) STATEMENT REQUIRED.—
(1) CONTENTS
OF
STATEMENT.—Each local
educational agency which desires to receive its allot-
ment under section 242 shall, within 30 days after
receiving notice of such allotment, submit to the Sec-
retary a statement—
(A) agreeing to use such funds only in ac-
cordance with the provisions of this Act; and
(B) agreeing to provide each of the quar-
terly reports required by subsection (c).
(2) ACTION BY SECRETARY.—Within 30 days
after the final day for the submission of statements
required by paragraph (1), the Secretary shall, on
the basis of only those local educational agencies
submitting such statements, make a final allotment
of funds in accordance with section 242, and shall
notify each such agency of the amount of its final
allotment.
(b) PAYMENTS OF ALLOTMENTS.—
(1) PROSPECTIVE PAYMENT RULE.—For fiscal
years beginning after the date of enactment of this
Act, the Secretary shall pay to each local educational
agency which has filed a statement in accordance
with subsection (a) its allotment for that fiscal year.
Such payments shall be made in equal installments
not later than 5 days after the beginning of each
quarter for which funds are available.
(2) PREVIOUS
FISCAL
YEAR.—For any fiscal
year which began prior to the date of enactment of
this Act, the Secretary shall, not later than 30 days
after the final allotment of funds for such fiscal year
under subsection (a)(2), pay to each local edu-
cational agency which has filed such a statement the
total amount of such allotment.
(c) REPORTS REQUIRED.—Not later than 30 days
after the end of each calendar quarter, each local edu-
cational agency which has, during such quarter, expended
funds made available under this part (in that or a preced-
ing quarter) shall submit to the Secretary a report on the
use of such funds. Such report shall—
(1) describe in detail the jobs created with such
funds including—
(A) the nature of employment activity;
(B) the wage rates paid; and
(C) the duration of employment;
(2) contain adequate data to evaluate the char-
acteristics of participants in programs under this
part, including race, sex, age, handicapped status,
and veteran status of participants; and
(3) contain such other information as the Sec-
retary may specifically request in order to ascertain
whether the local educational agency has used such
funds in accordance with the requirements of this
Act.
(d) WITHHOLDING PROCEDURES.—The Secretary
may not withhold, suspend, or terminate the payment of
any installment of an allotment except in accordance with
section 303.
PART B—HIGHER EDUCATION FACILITY
IMPROVEMENT PROJECTS
SEC. 251. ACADEMIC FACILITY REPAIR AND RENOVATION
PROJECTS.
(a) USE OF FUNDS AUTHORIZED.—The funds made
available to any institution of higher education under this
part for any fiscal year shall be used to carry out projects
and activities (in accordance with the limitation on the use
of funds set forth in section 204) providing employment
to eligible participants (qualifying under section 203) in
work on the repair, restoration, renovation or rehabilita-
tion of the academic facilities of such institution.
(b) USE OF QUICK-START PROJECTS.—To the maxi-
mum extent feasible, funds made available under this part
shall be used for projects or activities on which on-site
labor can begin within 90 days of receipt of funds under
this part.
(c) PERMITTED USE OF FUNDS.—
(1) ELIGIBLE
PROJECTS.—Funds allotted to
each State under section 252 shall be made available
through the higher education building agency of
such State, in accordance with its State plan under
part A of title VII of the Higher Education Act of
1965, to assist institutions of higher education in
carrying out eligible projects under that title for the
repair, restoration, renovation, and rehabilitation of
academic facilities and libraries if the primary pur-
pose of such assistance is—
(A) to enable such institutions to econo-
mize on the use of energy resources, with a pri-
ority for the use of coal, solar, and renewable
resources;
(B) to enable such institutions to bring
their academic facilities and libraries into con-
formity with the requirements of—
(i) the Act of August 12, 1968, com-
monly known as the Architectural Barriers
Act of 1968;
(ii) section 504 of the Rehabilitation
Act of 1973;
(iii) the Americans with Disabilities
Act; and
(iv) 
environmental 
protection 
or
health and safety programs mandated by
Federal, State or local law, especially for
those facilities which were constructed be-
fore such requirements were in effect;
(C) for the repair, renovation, restoration,
or rehabilitation of research and post secondary
technical training facilities, including electrical
rewiring for new technology;
(D) for detecting, removing or otherwise
containing lead or asbestos in academic or other
facilities used by students.
(2) USE AT INSTITUTIONS LOCATED IN ELIGI-
BLE JURISDICTIONS.—Funds allotted under section
252 shall be made available only to institutions of
higher education that are located within eligible ju-
risdictions under section 211(b), except that the Sec-
retary may waive the requirements of this paragraph
for any State if there are no institutions of higher
learning located within any of the eligible jurisdic-
tions within such State.
(3) SELECTION
OF
ELIGIBLE
PROJECTS.—In
selecting projects to be funded under this part, the
higher education building agency shall give priority
to projects at those institutions of higher edu-
cation—
(A) with the greatest proportion of stu-
dents receiving Pell grants under the Higher
Education Act of 1965; and
(B) which have not been able to obtain
funds for the performance of the project
through the sale of bonds or other obligations.
SEC. 252. ALLOTMENT OF FUNDS.
(a) FUNDS RESERVED.—From the amount available
for purposes of this part for any fiscal year, the Secretary
shall reserve 2 percent for the allotment among Native
American eligible jurisdictions described in section
211(b)(4). Such reserved amount shall be allotted among
Native American eligible jurisdictions on an equitable
basis, taking into account the extent which regular em-
ployment opportunities have been lacking for long-term
periods among individuals within the jurisdiction of such
entities.
(b) STATE ALLOTMENTS.—The remainder of the
amount available for purposes of this part for any fiscal
year shall be allotted by the Secretary among the States
by allocating to each State an amount that bears the same
ratio to such remainder as the sum of the allotments
(under such 212(b)(2)) of the eligible jurisdiction within
such State bears to the sum of the allotments to all eligible
jurisdictions under such section.
section 6(a)(1) of the Fair Labor Standards Act of 1938,
unless such individual has moved to follow a spouse.
(f) POLITICAL ACTIVITIES PROHIBITED.—Financial
assistance under this shall not be provided for any pro-
gram which involves political activities.
(g) WAGE RATES.—
(1) MINIMUM
OR
PREVAILING
HOURLY
RATE
REQUIRED.—An individual in employment subsidized
under this Act shall be paid wages which shall not
be less than the highest of—
(A) the minimum wage under section
6(a)(1) of the Fair Labor Standard Act of
1938;
(B) the minimum wage under appropriate
State or local minimum wage law; or
(C) the prevailing rate of pay for individ-
uals employed in similar occupations by the
same employer.
(2) MAXIMUM
AVERAGE
RATE.—The average
weekly portion of wages which may be paid to par-
ticipants from funds made available under this Act
for any fiscal year shall not exceed the amount de-
termined and published annually by the Secretary
before the beginning of such fiscal year. Such
amount shall be equal to—