I
103D CONGRESS
1ST SESSION
H. R. 2364
To provide employment opportunities to unemployed individuals in high unem-
ployment areas in projects to repair and renovate vitally needed commu-
nity 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 individ-
uals in high unemployment areas in projects to repair
and renovate vitally needed community facilities, 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, together with the following table of con-
tents, may be cited as the ‘‘Jobs for the 1990’s Act’’.
TITLE I—GENERAL PURPOSE
AND AUTHORITY
SEC. 101. STATEMENT OF PURPOSE.
It is the purpose of this Act to provide productive
and useful employment opportunities to unemployed indi-
viduals through payments for labor and related costs asso-
ciated with the repair or rehabilitation of essential commu-
nity and educational facilities; with the conservation, reha-
bilitation, and improvement of public lands; and with pub-
lic safety, health, social service, and other activities nec-
essary to the public welfare.
SEC. 102. ELIGIBLE PARTICIPANTS.
(a) GENERAL ELIGIBILITY REQUIREMENTS.—An in-
dividual shall be eligible to participate in a program or
activity receiving funds under this Act only if such individ-
ual (1) is an unemployed individual at the time of enroll-
ment, and (2) 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 procedures agreed to by
the eligible administrative entity and established in regula-
tions by the Secretary.
(b) DURATION OF ELIGIBILITY.—No individual who
is eligible under subsection (a) shall receive wages from
funds made available under this Act in excess of 26 weeks
in any 2-year period.
(c) PRIORITY FOR PARTICIPATION.—In the selection
of participants for activities under this Act, priority shall
be given to individuals who—
(1) at the time of selection, have exhausted or
are otherwise not eligible for unemployment insur-
ance benefits, particularly—
(A) those individuals who have been unem-
ployed for the longest periods of time preceding
the date of their selection, and
(B) those residing in families in which no
other member is employed on a full-time basis;
and
(2) have been employed within the past 2 years
by the employer that is providing the subsidized job
position.
(d) SPECIAL CONSIDERATION FOR VETERANS.—With
regard to services to veterans provided under section
201(a)(3)(O), special consideration in selecting partici-
pants for employment in such activities should be given
to veterans who otherwise meet the eligibility requirements
in this section.
(e) EQUAL EMPLOYMENT OPPORTUNITIES.—In cer-
tifying eligible participants under subsection (a) and in re-
ferring them for employment to recipients under titles II
and III, 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 Act.
Each recipient of funds under title II or III shall be re-
sponsible for ensuring such opportunities and full partici-
pation in the selection of eligible participants for such
employment.
SEC. 103. 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 titles II and III from funds appropriated
for any fiscal year shall be used to provide for wages and
related employment benefits to eligible participants for
work which the recipient certifies has been performed in
one or more of the activities authorized under this Act.
(b) LIMITATION ON ADMINISTRATIVE COSTS.—Not
more than 10 percent of the funds provided to any recipi-
ent under title II or III from funds appropriated for any
fiscal year may be used for the cost of administration.
(c) ACQUISITION OF TOOLS, EQUIPMENT, AND MA-
TERIALS.—The remainder of the funds provided to any
recipient under title II or III from funds appropriated for
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 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 agency, an area
vocational education school, an institution of higher
education, a community-based organization, or other
qualified public or private nonprofit 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 401(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
supervisory employees—
(1) at a rate which is greater than the rate of
the salaries or wages paid employees performing
comparable 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 Government.
TITLE 
II—COMMUNITY 
RE-
NEWAL 
EMPLOYMENT 
PRO-
GRAMS
PART A—COMMUNITY IMPROVEMENT PROJECTS
SEC. 201. EMPLOYMENT ACTIVITIES IN COMMUNITY IM-
PROVEMENT PROJECTS.
(a) QUALIFIED ACTIVITIES.—Eligible participants
shall be employed in community improvement projects
under this title in one or more of the following activities:
(1) Activities to repair, rehabilitate, or improve
public facilities, including (A) road and street repair,
(B) bridge painting and repair, (C) repair and reha-
bilitation of public buildings and other community
facilities, including public libraries, (D) repair, mod-
ernization, and moderate rehabilitation of public
housing units, (E) repair and rehabilitation of water
systems and water development projects, (F) repair
and rehabilitation of public mass transportation sys-
tems, (G) erecting or replacing traffic control signs
and removing road sign obstructions, (H) replacing
school crossing, intersection, and other road surface
markings, (I) park and playground rehabilitation,
(J) installation and repair of drainage pipes and
catch basins in areas subject to flooding, (K) instal-
lation of graded ramps for the handicapped, and (L)
weatherization 
and 
other 
energy 
conservation
activities.
(2) Activities to conserve, rehabilitate, or im-
prove public lands, including (A) erosion, fire, flood,
drought, and storm damage prevention, assistance,
and control, (B) removal of refuse and hazardous
materials from drainage ditches, illegal dumping
sites, and other public areas, (C) stream, lake, and
waterfront harbor and port improvement and pollu-
tion control, (D) forestry, nursery, and silvicultural
operations, (E) fish culture and habitat maintenance
and improvement and other fishery assistance, (F)
rangeland conservation, rehabilitation, and improve-
ment, (G) reclamation of public lands damaged by
strip mining or other mineral extraction activities,
(H) wildlife habitat, rangelands, parks, and rec-
reational areas; (I) urban revitalization and histori-
cal and cultural site preservation; (J) road and trail
maintenance and improvement; (K) wetlands protec-
tion and pollution control; (L) improvement of aban-
doned railroad bed and right-of-way; (M) energy
conservation projects, renewable resource enhance-
ment, and recovery of biomass; and (N) reclamation
and improvement of strip-mined land.
(3) Public safety, health, social service, and
other activities necessary to the public welfare, in-
cluding (A) repairing or replacing fire hydrants and
assisting in fire hazard inspections, (B) emergency
food and shelter activities, (C) child and dependent
care activities specially designed to enable parents to
work, (D) assisting nutrition programs, (E) other
services for elderly and handicapped individuals, in-
cluding meals on wheels programs and inhome serv-
ices, (F) relief activities for victims in areas affected
by disasters, (G) upgrading home security for elderly
and low-income residents, (H) assisting public health
programs, including paraprofessional staff support
for community health centers, (I) emergency medical
and rescue services, (J) drug and alcohol abuse pro-
grams, (K) domestic violence programs, (L) edu-
cation and training assistance, such as literacy and
basic skills education, remedial tutoring, and occupa-
tional skills training, (M) programs of English lan-
guage instruction for unemployed individuals with
limited English proficiency, (N) assisting public li-
brary programs, including library aides programs,
(O) employment counseling and other services to vet-
erans, (P) security guards for public schools and
housing projects, (Q) police dispatchers, clerical and
traffic control personnel to free police officers for
full-time street duty, (R) staff support for adult and
juvenile correctional facilities, (S) rodent and insect
control activities, (T) hazardous materials surveys,
and (U) employment counseling and placement serv-
ices.
(b) JOINT PROGRAMS AUTHORIZED.—Nothing in
this Act shall be construed to preclude such activities from
being conducted in conjunction with programs funded
from sources other than under this Act.
(c) DEFINITION OF PROJECT.—For the purposes of
this section, the term ‘‘project’’ means a definable task
or a group of related tasks which—
(1) will be carried out by a government depart-
ment, public agency, private nonprofit organization,
or private contractor,
(2) will be completed within 18 months,
(3) is an activity authorized under this section
or section 241(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
205.
(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 costs 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 title.
(2) CONSISTENCY WITH LAWS AND POLICIES.—
All projects carried out under this Act for conserva-
tion, rehabilitation, or improvement of any public
lands or Indian lands shall be consistent with the
provisions of law and policies relating to the man-
agement and administration of such lands, with all
other applicable provisions of law, and with all man-
agement, operational, and other plans and docu-
ments which govern the administration of the area.
SEC. 202. ELIGIBLE ADMINISTRATIVE ENTITIES.
(a) IN GENERAL.—Except as otherwise provided in
this section, an eligible administrative entity under this
title shall be an administrative entity under section
103(b)(1)(B) of the Job Training Partnership Act (29
U.S.C. 1513(b)(1)(B)) that serves for one or more eligible
jurisdictions.
(b) ELIGIBLE JURISDICTION.—An eligible jurisdic-
tion under this title is an area which has an unemployment
rate in excess of 6.5 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
each of which is an eligible jurisdiction under
paragraph (1);
(B) a combination of one or more 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
such term is defined in section 203(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 203, a statement
in accordance with section 204 with respect to the
use of such allotment. If no such administrative en-
tity files such a statement within such 30 days, the
Secretary may, on the basis of the filing of such a
statement, qualify another administrative entity 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 204 with respect
to the use of funds provided under this title for such
area.
SEC. 203. 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 part C), the
Secretary shall reserve 2 percent for allotment
among Native American eligible jurisdictions de-
scribed in section 202(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 title 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 for 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) 331⁄3 percent shall be allotted on the
basis of the relative excess number of unem-
ployed individuals within each eligible jurisdic-
tion as compared to the total excess number of
unemployed individuals in all eligible jurisdic-
tions in all States; and
(C) 331⁄3 percent shall be allotted on the
basis of the relative number of unemployed in-
dividuals within each eligible jurisdiction as
compared to the total number of unemployed
individuals in all eligible jurisdictions 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 title and which has
an average rate of unemployment of at least 6.5 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
fiscal 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. 204. REQUIREMENTS FOR RECEIPT OF ALLOTMENT.
(a) SUBMISSION OF STATEMENT.—
(1) CONTENTS OF STATEMENT.—Each eligible
administrative entity which desires to receive its al-
lotment under section 203 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 such funds only in ac-
cordance with the provisions of this Act;
(C) agreeing to use such funds for projects
or activities under part A, B, and C of this title
and which, to the maximum extent feasible, on-
site labor can begin within 30 days of receipt
of funds under this title; and
(D) 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 eligible administrative entities
submitting such statements, make a final allotment
of funds in accordance with section 203, 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 such a
statement the total amount of such allotment.
(c) REPORTS ON USE OF FUNDS.—Not later than 30
days after the end of each calendar quarter, each eligible
administrative entity which has, during such quarter, ex-
pended funds made available under this title (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 dura-
tion of employment;
(2) contain adequate data to evaluate the char-
acteristics of participants in programs under this
title, including the race, sex, age, handicapped sta-
tus, and veteran status of participants; and
(3) contain such other information as the Sec-
retary may specifically request in order to ascertain
whether such entity has used such funds in accord-
ance 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 403.
SEC. 205. PROJECT DESIGN.
(a) PRIORITY.—In designing projects under this title,
the eligible 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 will provide long-term
benefits to the public,
(5) the extent to which will instill in the en-
rollee involved, a work ethic and a sense of public
service,
(6) the extent to which will be labor intensive,
and
(7) the extent to which can be planned and ini-
tiated promptly.
(b) COORDINATION.—To the extent feasible, employ-
ment opportunities established with funds made available
under this title 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.), economic development activities, and activities re-
ceiving funds available under section 106 of the Housing
and Community Development Act of 1974 (42 U.S.C.
5306).
PART B—COMMUNITY IMPROVEMENT
ACTIVITIES FOR YOUTH TRAINEES
SEC. 221. YOUTH TRAINEE ACTIVITIES.
(a) USE OF FUNDS AUTHORIZED.—Funds under this
title may be used for eligible youth who are paid wages
and benefits from such funds for part-time employment
not in excess of 32 hours per week. Such employment may
be in any activity described in section 201 or may be at
a work site operated by a public or private nonprofit agen-
cy or organization or by an employer organized 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 equiva-
lency, or a program of skill training or basic skill or em-
ployability development, including a program operated
pursuant to section 104. Such enrollment shall be for at
least 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 the Job Corps), the Carl D. Perkins Vocational
Education Act, or other State or local, public or private
education or training programs.
SEC. 222. ELIGIBLE YOUTH.
(a) EXEMPTION FROM UNEMPLOYMENT DURATION
REQUIREMENTS.—Notwithstanding section 102(a)(2) re-
garding the duration of unemployment, any youth aged
16 through 19 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
102(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. 241. FINANCIAL ASSISTANCE FOR STATE JOB PRO-
GRAMS.
(a) USE OF ALLOTTED FUNDS.— Five percent of the
sums allotted to each State under section 203 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 Act—
(1) through State-administered programs and
activities authorized under section 201, such as
those in (A) State parks, forests, and conservation
programs (including rangeland rehabilitation and
improvement), (B) State hospitals and other institu-
tions and facilities providing health care, (C) State
correctional institutions and programs, and (D)
State-administered social service programs;
(2) through special assistance (in conjunction,
as appropriate, with eligible administrative entities
under title II) for areas which have experienced sud-
den or severe economic dislocations, including large-
scale losses of jobs caused by the closing of 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 eligible administra-
tive entities under title II 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 juris-
dictions defined in section 202, or (2) only after such pri-
ority is met in the State, within areas in the State in which
the rate of unemployment is the highest. In designing
projects under this section, the State shall evaluate
projects on the basis of the severity and duration of unem-
ployment 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 such allotment, submit to the
Secretary 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 dura-
tion of employment;
(2) contain adequate data to evaluate the char-
acteristics of participants in programs under this
part, including the race, sex, age, handicapped sta-
tus, and veteran status of participants; and
(3) contain such other information as the Sec-
retary may specifically request in order to ascertain
whether such entity has used such funds in accord-
ance with the requirements of this Act.
TITLE III—EDUCATIONAL FACIL-
ITY 
REPAIR 
AND 
RENOVA-
TION EMPLOYMENT ACTIVI-
TIES
PART A—ELEMENTARY AND SECONDARY
SCHOOL FACILITY IMPROVEMENT JOBS
SEC. 301. 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 educational agency in an eligible jurisdiction
under section 202 and shall be used to carry out projects
and activities (in accordance with the limitation on use
of funds set forth in section 103) providing employment
to eligible participants (qualifying under section 102) in
work on the repair, renovation, or rehabilitation of the
public school facilities of such 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, or rehabilitation
of public school facilities, including electrical rewir-
ing for new technology;
(3) for conversion of presently unused struc-
tures into adult training centers;
(4) for remodeling or renovating structures to
make them more energy efficient; or
(5) for detecting, removing, or otherwise con-
taining asbestos in academic or other facilities 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 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 such 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 the purposes of section 303, the De-
partment of the Interior shall be considered a State
educational agency.
(4) RULE
OF
CONSTRUCTION.—Nothing con-
tained in this subsection shall be construed to relieve
the Secretary of the Interior of the responsibility to
provide adequate and equitable funding under the
Snyder Act (25 U.S.C. 13) for the operations and
maintenance of Indian tribal school facilities.
SEC. 302. 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 allotment among Native Amer-
ican eligible jurisdictions described in section 202(b)(4).
Such reserved amount shall be allotted among Native
American eligible jurisdictions on an equitable basis, tak-
ing into account the extent to which regular employment
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 under 202(b)) by allo-
cating to each such local educational agency an amount
that bears the same ratio to such remainder as the allot-
ment (under section 203(b)(2)) of the eligible jurisdiction
within which it is located bears to the sum of the allot-
ments to all eligible jurisdictions under such section.
SEC. 303. 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 302 shall, within 30 days after
receiving notice of such allotment, submit to the
Secretary 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 302, and shall
notify each such agency of the amount of its final
allotment.
(b) PAYMENT 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 YEARS.—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
(or made available to a local educational agency for ex-
penditure) funds made available under this part (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 dura-
tion of employment;
(2) contain adequate data to evaluate the char-
acteristics of participants in programs under this
part, including the 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 such agency has used such funds in accord-
ance 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 403.
PART B—HIGHER EDUCATION FACILITY
IMPROVEMENT PROJECTS
SEC. 321. 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 use
of funds set forth in section 103) providing employment
to eligible participants (qualifying under section 102) in
work on the repair, renovation, or rehabilitation 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 120 days of receipt of funds under
this part.
(c) PERMITTED USES OF FUNDS.—
(1) ELIGIBLE
PROJECTS.—Funds allotted to
each State under section 322 shall be made available
through the higher education building agency of
such, 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,
renovation, and rehabilitation of academic facilities
and libraries if the primary purpose of such assist-
ance 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) to enable such institutions to renovate
research facilities and postsecondary technical
training facilities, including electrical rewiring
for new technology; or
(D) to enable such institutions to detect,
remove, or otherwise contain asbestos hazards
in academic or other facilities used by students.
(2) USE AT INSTITUTIONS LOCATED IN ELIGI-
BLE JURISDICTIONS.—Funds allotted under section
322 shall be made available only to institutions of
higher education that are located within eligible ju-
risdictions under section 202(b), except that the Sec-
retary may waive the requirements of this paragraph
for any State if there are no institutions of higher
education located within the eligible jurisdictions
within such State.
(3) SELECTION
OF
ELIGIBLE
PROJECTS.—In
selecting eligible projects for the use of funds under
this part, the higher education building agency shall
give priority to projects at those institutions of
higher education—
(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. 322. ALLOTMENT OF FUNDS.
(a) ALLOTMENT FORMULA.—
(1) FUNDS
RESERVED.—From the amount
available for purposes of this part for any fiscal
year, the Secretary shall reserve 2 percent for allot-
ment among Native American eligible jurisdictions
described in section 202(b)(4). Such reserved
amount shall be allotted among Native American eli-
gible jurisdictions on an equitable basis, taking into
account the extent to which regular employment op-
portunities have been lacking for long-term periods
among individuals within the jurisdiction of such
entities.
(2) STATE
ALLOTMENTS.—The remainder of
the amount available for purposes of this part shall
be allotted by the Secretary among the States by al-
locating to each State an amount that bears the
same ratio to such remainder as the sum of the al-
lotments (under section 203(b)(2)) of the eligible ju-
risdictions within such State bears to the sum of the
allotments to all eligible jurisdictions under such
section.
(b) ADMINISTRATIVE COSTS.—From the amount al-
lotted to any State under subsection (a), the higher edu-
cation building agency shall reserve not more than 1 per-
cent thereof for its necessary administrative costs in carry-
ing out the purposes of this part.
SEC. 323. REQUIREMENTS FOR RECEIPT OF ALLOTMENT.
(a) STATEMENT REQUIRED.—
(1) CONTENTS
OF
STATEMENT.—Each State
which desires to receive its allotment under section
322 shall, within 30 days after receiving notice of
such allotment, submit to the Secretary a state-
ment—
(A) designating a fiscal agent for the re-
ceipt of payments from such allotment;
(B) agreeing to use such funds only in ac-
cordance with the provisions of this Act; and
(C) 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 States submitting such state-
ments, make a final allotment of funds in accord-
ance with section 322, and shall notify each State of
the amount of its final allotment.
(b) PAYMENT OF ALLOTMENTS.—
(1) PROSPECTIVE PAYMENT RULE.—For fiscal
years beginning after the date of enactment of this
Act, the Secretary shall pay to each State 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 YEARS.—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 State 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 State which
has, during such quarter, expended (or made available for
expenditure) funds made available under this part (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 dura-
tion of employment;
(2) contain adequate data to evaluate the char-
acteristics of participants in programs under this
part, including the race, sex, age, handicapped sta-
tus, and veteran status of participants; and
(3) contain such other information as the Sec-
retary may specifically request in order to ascertain
whether such State has used such funds in accord-
ance 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 403.
PART C—SPECIAL DEFINITIONS FOR TITLE III
SEC. 341. DEFINITIONS.
Notwithstanding section 406, for purposes of this
title—
(1) the term ‘‘State educational agency’’ has
the meaning provided under section 1471(23) of the
Elementary and Secondary Education Act of 1965;
(2) the term ‘‘local educational agency’’ has the
meaning provided under section 1471(12) of the El-
ementary and Secondary Education Act of 1965;
(3) the term ‘‘higher education building agen-
cy’’ has the meaning provided under 734(b) of the
Higher Education Act of 1965;
(4) the term ‘‘Indian tribal school’’ means any
school operated by an Indian tribe under the Indian
Self-Determination and Education Assistance Act
(Public Law 93–638); and
(5) the term ‘‘institution of higher education’’
has the meaning provided under section 1201(a) of
the Higher Education Act of 1965.
TITLE IV—GENERAL
PROVISIONS
SEC. 401. GENERAL REQUIREMENTS.
(a) DISCRIMINATION PROHIBITED.—
(1) EXCLUSION PROHIBITED.—No person shall
be excluded from participation in, denied the bene-
fits of, subjected to discrimination under, or denied
employment in the administration of or in connec-
tion with any program under this Act because of
race, color, religion, sex, national origin, age, handi-
cap, or political affiliation or belief.
(2) SECTARIAN PURPOSES PROHIBITED.—Par-
ticipants under this Act shall not be employed on the
construction, operation, or maintenance of so much
of any facility as is used or to be used for sectarian
instruction or as a place for religious worship.
(3) STATUS AS PARTICIPANTS.—With respect to
terms and conditions affecting, or rights provided to,
individuals who are participants in activities sup-
ported by funds provided under this Act, such indi-
viduals shall not be discriminated against solely be-
cause of their status as participants under this Act.
(b) USE OF FUNDS FOR SUPPLEMENTARY ACTIVI-
TIES.—Funds provided under this Act shall only be used
for activities which are in addition to those which would
otherwise be available in the area in the absence of such
funds.
(c) SUBSTITUTION
FOR GOVERNMENT PROGRAMS
PROHIBITED.—No funds made available under this Act
for subsidized employment may be provided to a private
organization, institution, or contractor to conduct any ac-
tivities customarily performed by employees of a State, a
political subdivision, or a local educational agency in the
area served by the program.
(d) SERVICES TO RESIDENTS.—Only individuals re-
siding in the area of an eligible jurisdiction under title II
may participate in activities funded under title II or III,
except that a recipient may permit participation by home-
less individuals who cannot prove residence within the
eligible jurisdiction.
(e) HIRING OF VOLUNTARILY TERMINATED WORK-
ERS PROHIBITED.—No individual shall be eligible to be
employed in a position subsidized under this Act if such
individual has, within the preceding six months, volun-
tarily terminated, without good cause, his or her last pre-
vious full-time employment at a wage rate equal to or ex-
ceeding the Federal minimum wage as prescribed under
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 Act shall not be provided for any
program 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 Standards
Act of 1938, (B) the minimum wage under the ap-
plicable State or local minimum wage law, or (C) the
prevailing rates of pay for individuals employed in
similar occupations by the same employer.
(2) MAXIMUM
AVERAGE
RATE.—The average
weekly portion of the wages which may be paid to
participants from funds made available under this
Act for any fiscal year shall not exceed an amount
determined and published annually by the Secretary
before the beginning of such fiscal year. Such
amount shall be equal to—
(A) the national average weekly earnings
of production or nonsupervisory workers on pri-
vate, non-farm payrolls (as determined by the
Bureau of Labor Statistics for the most recent
12 months preceding such fiscal year for which
that determination is available),
(B) multiplied by 75 percent, and
(C) rounded to the nearest $10.
(3) SUPPLEMENTATION
PERMITTED.—Partici-
pants employed under this Act may have their wages
supplemented by the payment of additional wages
for such employment from sources other than this
Act.
(4) TIME
OFF.—Participants employed under
this Act shall be allowed sufficient time off from
work activities to participate effectively in the job
search activities.
(5) PART-TIME/FLEX-TIME.—Funds under this
Act may be used to employ individuals in part-time,
flexible-time, and work-sharing employment cus-
tomarily offered by the employer, if such individuals
receive benefits customarily provided with respect to
such employment by the same employer.
(6) WORK RECORDS.—Programs under this Act
shall maintain an individual work record for each
participant, to be provided to each participant at the
end of his or her participation, which shall contain—
(A) a documentary history of the experi-
ence and skills acquired by each participant;
and
(B) a list of the major work tasks com-
pleted by each participant.
(h) EXPENDITURE SCHEDULE.—Any funds appro-
priated to carry out this Act which are allotted for any
fiscal year shall be available for expenditure by the recipi-
ent during a period of one year from the date of payment
to the recipient. No part of any allotment shall be revoked
or canceled as long as the funds so allotted are expended
by the recipient within such one-year period. If any such
funds are not so expended, the Secretary shall reallot an
amount equal to such unexpended funds among other eli-
gible recipients in accordance with this Act.
(i) SELECTIVE SERVICE COMPLIANCE.—The Sec-
retary shall insure that each individual participating in
any program established under this Act, or receiving any
assistance or benefit under this Act, has not violated sec-
tion 3 of the Military Selective Service Act (50 U.S.C.
App. 453) by not presenting and submitting to registra-
tion as required pursuant to such section. The Director
of the Selective Service System shall cooperate with the
Secretary in carrying out this section.
(j) PROGRAM ABUSE REGULATIONS.—Regulations
promulgated by the Secretary under section 123(g) of the
Comprehensive Employment and Training Act as in effect
on April 1, 1981, shall apply to funds provided under this
Act for the purpose of assuring against program abuses,
including, but not limited to, nepotism, conflicts-of-inter-
ests; the charging of fees in connection with participation
in the program; excessive or unreasonable legal fees; the
improper commingling of funds under this Act with funds
received from other sources; the failure to keep and main-
tain sufficient, auditable, or otherwise adequate records;
kickbacks; political patronage; violations of applicable
child labor laws; the use of funds for lobbying local, State,
or Federal legislators, and the use of funds for activities
which are not directly related to the proper operation of
the program.
SEC. 402. LABOR STANDARDS.
(a) CONDITIONS AND BENEFITS.—
(1) WORKING CONDITIONS.—Conditions of em-
ployment and training shall be appropriate and rea-
sonable in light of such factors as the type of work,
geographical region, and proficiency of the partici-
pant.
(2) HEALTH, SAFETY, AND DISABILITY REGU-
LATIONS.—The regulations (relating to health and
safety and worker’s compensation) implementing
paragraphs (2) and (3) of section 143(a) of the Job
Training Partnership Act (29 U.S.C. 1553(a)(2)
and (3)) issued on March 15, 1983, shall apply to
participants under this Act.
(3) 
COMPARABLE
BENEFITS
AND
CONDI-
TIONS.—All individuals while employed in subsidized
jobs under this Act shall be provided benefits and
working conditions at the same level and to the same
extent as other employees doing the same type of
work.
(4) RETIREMENT
CONTRIBUTIONS
PROHIB-
ITED.—No funds available under this Act may be
used for contributions on behalf of any participant
to retirement systems or plans.
(b) PROTECTION OF EXISTING WORKERS.—
(1) DISPLACEMENT
PROHIBITED.—No cur-
rently employed worker shall be displaced by any
participant (including partial displacement such as a
reduction in the hours of nonovertime work, wages,
or employment benefits).
(2) IMPAIRMENT OF CONTRACTS AND AGREE-
MENTS PROHIBITED.—No program shall impair ex-
isting contracts for services or collective-bargaining
agreements, except that no program under this Act
which would be inconsistent with the terms of a col-
lective-bargaining agreement shall be undertaken
without the written concurrence of the labor organi-
zation and employer concerned.
(3) FILLING OF LAID-OFF POSITIONS PROHIB-
ITED.—(A) No participant whose wages are sub-
sidized under this Act shall be employed or job open-
ing filled when any other individual is on layoff from
the same or any substantially equivalent job.
(B) No participant whose wages are subsidized
under this Act shall be employed or job opening
filled when, after the enactment of this Act, the em-
ployer terminates the employment of any regular
unsubsidized employee in the same or any substan-
tially equivalent job or otherwise reduces the number
of regular unsubsidized employees in such jobs.
(4) PROMOTIONAL
INFRINGEMENT
PROHIB-
ITED.—No jobs shall be created in a promotional
line that will infringe in any way upon the pro-
motional opportunities of currently employed individ-
uals.
(c) COMPLIANCE REPORTS.—
(1) SUBMISSION TO LABOR ORGANIZATIONS.—
Each quarterly report submitted pursuant to section
204(c), 241(e), 303(c), or 323(c) shall be transmit-
ted by the recipient to any labor organization rep-
resenting government employees who are engaged in
similar work to that performed by employees whose
wages are subsidized under this Act.
(2) CONTENTS OF REPORTS.—Each quarterly
report submitted pursuant to section 204(c), 241(e),
303(c), or 323(c) which is subject to the require-
ments of paragraph (3) shall, with respect to each
government department in which subsidized employ-
ment is provided under this Act, set forth—
(A) the number of all regular unsubsidized
employees of such department (i) during the
quarter to which such report applies, and (ii)
during the quarter preceding the enactment of
this Act; and
(B) the number of employees subsidized
under this Act in such department during each
such quarter.
(3) ANALYSIS OF JOB REDUCTION REQUIRED.—
If, for two succeeding calendar quarters, there has
been an average decline of 5 percent or more in the
number of such unsubsidized employees in any such
department as compared to such number for the
quarter described in paragraph (2)(A)(ii), such re-
port shall include a statement identifying the jobs
which have been reduced and setting forth any rea-
sons that such reduction does not result from a fail-
ure to comply with subsection (b) of this section.
(4) REVIEW.—Any such report which is re-
quired to contain such a statement shall be subject
to review in accordance with subsection (d).
(d) COMPLAINT PROCEDURE.—
(1) SUBMISSION
OF
COMPLAINTS.—Whenever
any employee, or labor organization representing em-
ployees, of a government employing subsidized em-
ployees under this Act submits to the Secretary a
complaint alleging that section 401 or subsection (a)
or (b) of this section has been violated, a copy of
such complaint shall be transmitted at the same
time to such government. An opportunity shall be af-
forded to such government to review such complaint
and to submit a reply to the Secretary within 15
days after receiving a copy of such complaint.
(2) INVESTIGATION OF COMPLAINTS.—An offi-
cial who shall be designated by the Secretary shall
review any report required to include a statement
specified in subsection (c)(3), or any complaint sub-
mitted in accordance with paragraph (1), to ascer-
tain the accuracy of the information set forth or al-
leged and to determine whether there is substantial
evidence that the affected activities fail to comply
with section 401 or subsection (a) or (b) of this
section.
(3) RECOMMENDATIONS.—The official so des-
ignated shall, within 45 days of the submission of
such report or complaint, submit recommendations
to the Inspector General of such Department as to
whether the report or complaint warrants investiga-
tion by the Office of the Inspector General. After re-
viewing such recommendations, the Inspector Gen-
eral shall undertake any investigations (including an
audit, if appropriate) deemed to be warranted.
(4) DETERMINATIONS.—A determination of
whether a violation of subsection (b) of this section
has occurred shall be made after considering legiti-
mate bases for layoffs or terminations of employees
not subsidized under this Act within the same de-
partment or budget function, such as a shortfall of
revenues compared with expenditures despite main-
tenance of local tax effort, or the requirements of
governmental reorganizations or productivity im-
provements affecting work not performed by such
subsidized employees.
(5) REVIEW BY SECRETARY.—Not later than 90
days after the report or complaint described in para-
graph (2) is submitted, the Inspector General’s find-
ings as to whether a failure to comply with section
401 and subsection (a) or (b) of this section has oc-
curred shall be transmitted to the Secretary. The
Secretary shall, within 30 days after receiving the
Inspector General’s findings, issue a determination
as to whether a violation of section 401 or sub-
section (a) or (b) of this section has occurred, which
shall constitute the final determination of the Sec-
retary for purposes of chapters 5 and 7 of title 5,
United States Code.
(6) REPAYMENT REMEDY.—The Secretary shall
institute proceedings under section 403(b) for the
repayment of funds determined to have been ex-
pended in violation of section 401 or subsection (a)
or (b) of this section.
(e) LABOR ORGANIZATION.—
(1) USE
FOR
ORGANIZING
OR
DETERRING
UNIONS
PROHIBITED.—Each recipient of funds
under this Act shall provide to the Secretary assur-
ances that none of such funds will be used to assist,
promote, or deter union organizing.
(2) CONSULTATION REQUIRED.—Where a labor
organization represents a substantial number of em-
ployees who are engaged in similar work or training
in the same area as that proposed to be funded
under this Act, an opportunity shall be provided for
such organization to submit comments with respect
to such proposal.
(f) DAVIS-BACON REQUIREMENTS.—
(1) PREVAILING WAGES REQUIRED.—All labor-
ers and mechanics employed by contractors or sub-
contractors in any construction, alteration, or repair,
including painting and decorating, of projects, build-
ings, and works which are federally assisted under
this Act, shall be paid wages at rates not less than
those prevailing on similar construction in the local-
ity as determined by the Secretary in accordance
with the Act of March 3, 1931 (commonly known as
the Davis-Bacon Act), as amended (40 U.S.C. 276a–
276a–5). The Secretary shall have, with respect to
such labor standards, the authority and functions
set forth in Reorganization Plan Numbered 14 of
1950 (15 FR 3176; 64 Stat. 1267) and section 2 of
the Act of June 1, 1934, as amended (48 Stat. 948,
as amended; 40 U.S.C. 276(c)).
(2) FUNDING REQUIRED.—Such rates are not
required to be paid to participants under this Act
unless they are employed in connection with projects
funded by this Act in whole or in part, exclusive of
wages and benefits, or projects covered by any other
statute requiring the payment of such Davis-Bacon
Act wage rates.
(g) DEFINITIONS.—For purposes of this section—
(1) information concerning numbers of employ-
ees shall be reported in a manner consistent with the
reporting of information (including the definitions of
terms) requested from governments by the Bureau
of the Census in the Survey of Government Employ-
ment for the 1982 Census of Governments, as au-
thorized in accordance with section 161 of title 13,
United States Code;
(2) the term ‘‘government’’ means a State, a
local unit of general purpose government, a public
agency, or a local educational agency; and
(3) the term ‘‘regular unsubsidized employee’’
means any employee whose wages are paid in whole
or in part from non-Federal funds, but does not in-
clude any employee whose wages are paid in whole
or in part with funds made available under this Act.
SEC. 403. FISCAL CONTROLS; SANCTIONS.
(a) GAO REVIEW.—
(1) EVALUATION REQUIRED.—The Comptroller
General of the United States shall, on a selective
basis, evaluate the expenditures by the recipients
under this Act in order to assure that expenditures
are consistent with the provisions of this Act and to
determine the effectiveness of each recipient in ac-
complishing the purposes of this Act. The Comptrol-
ler General shall conduct the evaluations whenever
necessary and shall periodically (at least annually)
report to the Congress on the findings of such eval-
uations.
(2) IG RESPONSIBILITIES
NOT
AFFECTED.—
Nothing in this Act shall be deemed to relieve the
Inspector General of the Department of Labor or
the Inspector General of the Department of Edu-
cation of responsibilities under the Inspector General
Act.
(3) ACCESS TO RECORDS.—The purpose of eval-
uating and reviewing programs established or pro-
vided for by this Act, the Comptroller General shall
have access to and the right to copy any books, ac-
counts, records, correspondence, or other documents
pertinent to such programs that are in the posses-
sion, custody, or control of any recipient of funds
under this Act, or any contractor or subcontractor of
such recipients.
(b) REPAYMENT REQUIRED.—Every recipient shall
repay to the United States amounts found not to have
been expended in accordance with this Act. The Secretary
may offset such amounts against any other amount to
which the recipient is or may be entitled under this Act
unless he determines that such recipient should be held
liable pursuant to subsection (c). No such action shall be
taken except after notice and opportunity for a hearing
have been given to the recipient.
(c) PROCEDURE FOR REPAYMENT.—
(1) STANDARD FOR REPAYMENT.—Each recipi-
ent shall be liable to repay such amounts, from
funds other than funds received under this Act,
upon a determination that the misexpenditure of
funds was due to willful disregard of the require-
ments of this Act, gross negligence, or failure to ob-
serve accepted standards of administration. No such
finding shall be made except after notice and oppor-
tunity for a fair hearing.
(2) DETERMINATION REQUIRED.—In determin-
ing whether to impose any sanction authorized by
this section against a recipient for violations by a
subcontractor of such recipient under this Act, the
Secretary shall first determine whether such recipi-
ent has adequately demonstrated that it has—
(A) established and adhered to an appro-
priate system for the award and monitoring of
contracts with subcontractors which contains
acceptable standards for ensuring accountabil-
ity;
(B) entered into a written contract with
such subcontractor which established clear goals
and obligations in unambiguous terms;
(C) acted with due diligence to monitor the
implementation of the contract, including the
carrying out of the appropriate monitoring ac-
tivities (including audits) at reasonable inter-
vals; and
(D) taken prompt and appropriate correc-
tive action upon becoming aware of any evi-
dence of a violation of this Act by such sub-
contractor.
(3) WAIVER PERMITTED.—If the Secretary de-
termines that the recipient has demonstrated sub-
stantial compliance with the requirements of para-
graph (2), the Secretary may waive the imposition of
sanctions authorized by this section upon such recip-
ient. The Secretary is authorized to impose any
sanction consistent with the provisions of this Act
and of any applicable Federal or State law directly
against any subcontractor for violation of this Act.
(d) EMERGENCY ACTIONS.—In emergency situations,
if the Secretary determines it is necessary to protect the
integrity of the funds or ensure the proper operation of
the program, the Secretary may immediately terminate or
suspend financial assistance, in whole or in part, if the
recipient is given prompt notice and the opportunity for
a subsequent hearing within 30 days after such termi-
nation or suspension. The Secretary shall not delegate any
of the functions or authority specified in this subsection,
other than to an officer whose appointment was required
to be made by and with the advice and consent of the
Senate.
(e) DISCRIMINATION REMEDIES.—If the Secretary
determines that any recipient under this Act has dis-
charged or in any other manner discriminated against a
participant or against any individual in connection with
the administration of the program involved, or against any
individual because such individual has filed any complaint
or instituted or caused to be instituted any proceeding
under or related to this Act, or has testified or is about
to testify in any such proceeding or investigation under
or related to this Act, or otherwise unlawfully denied to
any individual a benefit to which that individual is entitled
under the provisions of this Act, the Secretary shall, with-
in thirty days, take such action or order such corrective
measures, as necessary, with respect to the recipient or
the aggrieved individual, or both.
(f) ADDITIONAL REMEDIES.—The remedies under
this section shall not be construed to be exclusive
remedies.
(g) 
RECORD
KEEPING.—Recipients 
shall 
keep
records that are sufficient to permit the preparation of
reports required by this Act and to permit the tracing of
funds to a level of expenditure adequate to insure that
the funds have not been spent unlawfully.
(h) INVESTIGATIONS.—
(1) CONDUCT AUTHORIZED.—In order to insure
compliance with the provisions of this Act, the
Comptroller General of the United States may con-
duct investigations of the use of funds received
under this Act by any recipient.
(2) USE OF EXISTING RECORDS.—In conduct-
ing any investigation under this Act, the Secretary
or the Comptroller General of the United States may
not request the compilation of any new information
not readily available to such recipient.
SEC. 404. JUDICIAL REVIEW.
(a) REVIEW PERMITTED.—
(1) APPELLATE REVIEW.—With respect to any
corrective action or sanction imposed under section
403 by the Secretary, any party to a proceeding
which resulted in such action or sanction may obtain
review of such action or sanction in the United
States Court of Appeals having jurisdiction over the
applicant or recipient of funds, by filing a review
petition within 30 days of such final order.
(2) FILING OF RECORD.—The clerk of the court
shall transmit a copy of the review petition to the
Secretary who shall file the record upon which the
action or sanction was entered as provided in section
2112 of title 28, United States Code. Review peti-
tions, unless ordered by the court, shall not stay the
Secretary’s action or sanction. Petitions under this
Act shall be heard expeditiously, if possible within
ten days of the filing of a reply brief.
(b) JURISDICTION.—The court shall have jurisdiction
to make and enter a decree affirming, modifying, or set-
ting aside the action or sanction of the Secretary in whole
or in part. The court’s judgment shall be final, subject
to certiorari review by the Supreme Court of the United
States as provided in section 1254(1) of title 28, United
States Code.
SEC. 405. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—In order to provide employment
opportunities for unemployed individuals under this Act—
(1) there are authorized to be appropriated
$4,500,000,000 for fiscal year 1994; and
(2) there are authorized to be appropriated for
each succeeding fiscal year not more than the prod-
uct of (A) 4 percent of the total number of unem-
ployed individuals (seasonally adjusted), multiplied
by (B) the most recent average rate determined by
the Secretary under section 401(g)(2).
(b) DIVISION BETWEEN TITLES.—Of the amount ap-
propriated pursuant to subsection (a) for any fiscal year—
(1) 80 percent shall be available for purposes of
title II,
(2) 10 percent shall be available for purposes of
part A of title III, and
(3) 10 percent shall be available for purposes of
part B of title III.
(c) DEFINITION.—For purposes of this section, the
number of unemployed individuals means the average
number of individuals in the civilian labor force of the
United States who, in the first three months of the cal-
endar year in which begins the fiscal year for which the
appropriation is to be made, had been unemployed as de-
termined by the Bureau of Labor Statistics on a season-
ally adjusted basis.
SEC. 406. DEFINITIONS.
(a) DEFINITIONS.—For the purposes of this Act—
(1) the term ‘‘economically disadvantaged’’
means an individual who (A) receives, or is a mem-
ber of a family which receives, cash welfare pay-
ments under a Federal, State, or local welfare pro-
gram; (B) has, or is a member of a family which
has, received a total family income during the 6-
month period prior to certification (exclusive of un-
employment compensation, child support payments,
and welfare payments) which, in relation to family
size, was not in excess of the higher of (i) the pov-
erty level determined in accordance with criteria es-
tablished by the Director of the Office of Manage-
ment and Budget, or (ii) 70 percent of the lower liv-
ing standard income level; (C) receives, or is a mem-
ber of a family which receives, food stamps pursuant
to the Food Stamp Act of 1977; (D) is a foster child
on behalf of whom State or local government pay-
ments are made; or (E) is a handicapped individual
whose own income meets the requirements of clause
(A) or (B), but who is a member of a family whose
income does not meet such requirements;
(2) the term ‘‘institution of higher education’’
has the meaning provided under section 1201(a) of
the Higher Education Act of 1965;
(3) the term ‘‘local educational agency’’ has the
meaning provided in section 521(22) of the Carl D.
Perkins Vocational Education Act;
(4) the term ‘‘public library’’ has the meaning
provided under section 3 of the Library Services and
Construction Act;
(5) the term ‘‘recipient’’ means any eligible ad-
ministrative entity or State receiving funds under an
allotment for title II, any State or local educational
agency receiving funds under an allotment for part
A of title III, and any State higher education build-
ing agency or institution of higher education receiv-
ing funds under an allotment for part B of such
title;
(6) the term ‘‘Secretary’’ means the Secretary
of Labor, except that—
(A) for purposes of title III, such term
means the Secretary of Education; and
(B) with respect to sections 401(h), 403,
and 404, such term means either the Secretary
of Labor or the Secretary of Education, which-
ever is appropriate;
(7) the term ‘‘State’’ means any of the 50
States, the District of Columbia, the Commonwealth
of the Northern Mariana Islands, the Common-
wealth of Puerto Rico, American Samoa, Guam, the
Virgin Islands, the Federated States of Micronesia,
the Republic of the Marshall Islands, and Palau;
(8) the term ‘‘unemployed individuals’’ means
individuals aged sixteen or older who are without
jobs and who want and are available for work, as de-
termined in accordance with criteria used by the Bu-
reau of Labor Statistics of the Department of Labor
in defining individuals as unemployed, but such cri-
teria shall not be applied differently on account of
an individual’s previous employment; and
(9) the term ‘‘unit of general local government’’
means any city, town, township, parish, or (except in
Connecticut, Massachusetts, Rhode Island, and Ver-
mont) county which is a general purpose political
subdivision of a State that has the power to levy
taxes and spend funds, as well as general corporate
and police powers.
(b) USE OF DATA.—In making determinations for
purposes of this Act with respect to population, civilian
labor force, and unemployment, the Secretary shall use the
most satisfactory current data available on a seasonally
adjusted basis.
(c) COMPUTATIONS.—For the purposes of computa-
tions of the number of unemployed individuals in a State,
county, or eligible administrative entity, the Secretary
shall determine the average number of individuals who
were unemployed during the most recent 12 months pre-
ceding the determination for which satisfactory data is
available.
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