I
104TH CONGRESS
1ST SESSION
H. R. 1405
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
APRIL 5, 1995
Mr. MARTINEZ (for himself, Mr. FATTAH, Mr. DELLUMS, Ms. WATERS, Mr.
CLAY, Mr. LEWIS of Georgia, Mr. ABERCROMBIE, Mr. OWENS, Mr.
SCOTT, Ms. ROYBAL-ALLARD, and Ms. VELA´ZQUEZ) introduced the fol-
lowing bill; which was referred to the Committee on Economic and Edu-
cational Opportunities, and in addition to the Committee on Transpor-
tation and Infrastructure, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall with-
in 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 1995’’.
SEC. 2. FINDINGS.
Congress finds:
(a) That the investments made during the
1930s, 1940s, and 1950s in the infrastructure of the
United States through the Roosevelt public works
programs, the National Highway Act of President
Eisenhower, and other major efforts, led to the
greatest economic recovery and sustained level of
economic growth in the first 150 years of our Na-
tion’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 renew and
restore roads, bridges, public buildings, 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 fu-
ture.
(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 non-custodial parents
whose responsibilities include providing support for
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 Economic 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, the Com-
monwealth of the Northern Marianas, and the Trust
Territory of the Pacific Islands.
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 section 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, 1999, whichever first
occurs.
SEC. 103. ALLOCATION OF FUNDS; PREFERENCES.
(a) ALLOCATION OF FUNDS.—The Secretary shall al-
locate funds appropriated pursuant to section 9 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 Alaska 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 twelve percent of such funds for local
public works projects within such State, except that
in the case of Guam, the Virgin Islands of the Unit-
ed States, American Samoa, the Commonwealth of
the Northern Mariana Islands, and the Trust Terri-
tory of the Pacific Islands, not less than one-half of
one percent in the aggregate shall be granted for
such projects in all five of such territories.
(3) SET-ASIDE.—Not less than 10 percent of
each State’s allocations shall be set aside and shall
be expended only for grants for public works
projects under this title for local units of general
government with populations under 10,000.
(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.
(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
PROJECTS.—A project
requested 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 research facility at an institution of higher
education, and that facility is intended to promote
the development of new products and processes, or
that the Secretary determines will improve the com-
petitiveness 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 school in-
volved commit, in the Secretary’s determination, to
undertake all future equipment and maintenance ex-
penses.
(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 applica-
tions submitted by States or local governments
having unemployment rates for the 12 most re-
cent consecutive months in excess of the na-
tional unemployment rate in the construction
trades, and
(B) shall give priority thereafter to appli-
cations submitted by States or local govern-
ments having average unemployment rates for
construction trades for the 12 most recent con-
secutive months in excess of 6 percent, but less
than the national unemployment rate.
(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 accurate, and
(B) shall provide assistance to States 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 government.
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
underemployment in proposed project areas,
(3) the extent to which proposed project areas
will contribute to increased employment in the con-
struction trades and 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-re-
lated industries.
SEC. 105. GENERAL LIMITATIONS.
(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, on-site
labor work can begin within 90 days of project approval.
(d) CONTRACTING.—
(1) CONTRACTING OUT REQUIRED.—No part of
the construction (including demolition and other site
preparation activities), renovation, restoration, re-
pair, or other improvement of any public works
project for which a grant is made under this title,
shall be performed directly by any department, agen-
cy, or instrumentality of any State or local govern-
ment.
(2) COMPETITIVE
BIDDING.—Construction of
each project for which a grant is made under this
title shall be performed by contract awarded by com-
petitive bidding, unless the Secretary shall affirma-
tively find that, under the circumstances relating to
such project, an alternative method is in the public
interest.
(3) 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.
(4) 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 and local environmental laws and regulations.
(f) BUY AMERICAN.—If a local public works project
carried out with Federal financial assistance under this
title would be eligible for Federal financial assistance
under provisions of law other than this Act and, under
such other provisions of law, would be subject to title III
of the Act of March 3, 1933, popularly known as the Buy
America Act, or similar requirements, such project shall
be subject to such title of such Act of March 3, 1933,
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, 1933, 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 provision 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 1995, 1996, and 1997
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
1995 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
1995’’.
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,
(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, and
(D) those young people who are unem-
ployed and who reside in communities with the
highest 
levels 
of 
unemployment 
or
underemployment; 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 nondependent chil-
dren 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 applied to the support
of said children under any child support order.
(e) SPECIAL CONSIDERATION FOR VETERANS.—With
regard to services to veterans provided under section
210(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.
(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 sub-
title. Each recipient of funds under subtitle B or C shall
be responsible for ensuring such opportunities and full
participation 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
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 subtitle B or C 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 subtitle B or C from funds appropriated
for and fiscal year (after compliance with subsection (a)
and deduction of costs of administration permitted by sub-
section (b)) may be used for the acquisition of supplies,
tools, equipment, and other materials directly related to
the purpose 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 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).
Apprenticeship training shall be included in the Project
Agreements negotiated with the Building Trades Councils
as outlined in section 105(d)(2) of this Act. Minority par-
ticipation requirements as specified in this Act shall be
applied to such Project Agreements.
(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 activi-
ties:
(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 surface 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 control
of 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 improvement 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,
(J) road and trail maintenance and im-
provement,