I
103D CONGRESS
2D SESSION
H. R. 4708
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
JUNE 30, 1994
Mr. MARTINEZ (for himself and Ms. WATERS) introduced the following bill;
which was referred jointly to the Committees on Public Works and Trans-
portation and Education and Labor
AUGUST 16, 1994
Additional sponsors: Mr. SCOTT, Mr. BECERRA, Mr. BERMAN, Mr. PASTOR,
and Mr. FOGLIETTA
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 1994’’.
HR 4708 SC
SEC. 2. FINDINGS.
Congress finds that—
(1) the nation’s infrastructure has suffered
greatly over the past three decades because of the
failure of the Federal government to renew and re-
store roads, bridges, public buildings, public lands
and other public assets;
(2) 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 re-
duction in the quality of life for residents of affected
areas;
(3) 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;
(4) 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
HR 4708 SC
resources beyond the capabilities of those govern-
ments to address these needs;
(5) 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;
(6) 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 in-
frastructure;
(7) efforts to reform the welfare system are
based on the assumption that there will be jobs
available in the public and private sectors for cur-
rent welfare recipients, and for noncustodial parents
whose responsibilities include providing support for
their children;
(8) 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; and
(9) the creation of living wage jobs in conjunc-
tion with a large and sustained public works infra-
structure renewal program will reap significant re-
HR 4708 SC
wards in direct tax payments at all levels of govern-
ment, increased economic expansion for the country,
and substantial reductions in the outlays for unem-
ployment support, welfare, Medicaid, and other gov-
ernment expenditures and will also lessen the burden
on government expenditures that result from lack of
employment for those at risk of entering a life of
crime.
TITLE I—DEPARTMENT OF COMMERCE
GRANTS
SEC. 101. DEFINITIONS.
(a) As used in this title, the following definitions
apply:
(1) SECRETARY.—The term ‘‘Secretary means
the Secretary of Commerce, acting through the Eco-
nomic Development Administration.
(2) LOCAL
GOVERNMENT.—The term ‘‘local
government’’ means any city, county, town, parish or
other political subdivision of a State, and any Indian
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-
HR 4708 SC
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.
HR 4708 SC
(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 5.5 percent for each
such month, or after September 30, 1997, 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
HR 4708 SC
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 1 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-
HR 4708 SC
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.
(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) APPLIES
INDUSTRIAL
RESEARCH
PROJ-
ECTS.—A project that creates or adds to an applied
research facility at an institution of higher edu-
cation, and that facility is intended to promote the
development of new products and processes, or that
the Secretary determines will improve the competi-
tiveness of America industry shall be accorded full
priority and preference. For projects under this sec-
HR 4708 SC
tion, matching funds requirements shall be waived if
the company or companies and school involved com-
mit, in the Secretary’s determination, to undertake
all future equipment and maintenance expenses.
(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 is equal to
or exceeds 6 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, and
(B) shall give priority thereafter to appli-
cations submitted by States or local govern-
ments having average unemployment rates for
the 12 most recent consecutive months in ex-
cess of 6 percent, but less than the national un-
employment 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
HR 4708 SC
furnished by States or local governments are accu-
rate, 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 unemployment rate of a local government
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 po-
litical or other subdivisions or boundaries) within the ju-
risdiction 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
HR 4708 SC
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 the reduction of unemployment
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
UNEMPLOYMENT.—For purposes of this section, in con-
sidering the extent of unemployment or underemployment,
the Secretary shall consider the amount of unemployment
or underemployment in the construction and construction-
related industries.
HR 4708 SC
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.
HR 4708 SC
(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.
HR 4708 SC
(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-
HR 4708 SC
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
1994’’.
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
HR 4708 SC
with the creation, repair, rehabilitation and restoration of
public safety, public transportation, health, social services
and recreation facilities and other activities necessary to
the public welfare.
SEC. 203. ELIGIBLE PARTICIPANTS.
(a) GENERAL ELIGIBILITY REQUIREMENTS.—An in-
dividual shall be eligible to participate in a program,
project or activity receiving funds under this subtitle only
if such individual—
(1) is a lawful permanent resident or citizen of
the United States,
(2) is an unemployed individual at the time of
enrollment, and
(3) has been unemployed for at least 30 days
immediately preceding the date of such enrollment,
except as otherwise provided in subsection (e) of this
section and section 222. Individuals may be certified
for purposes of this section in accordance with pro-
cedures agreed to by the eligible administrative en-
tity and established in regulations established by the
Secretary.
(b) DURATION OF ELIGIBILITY.—No individual who
is eligible under subsection (a) shall receive wages from
funds made available under this subtitle in excess of 52
HR 4708 SC
weeks in any 2-year period, in accordance with the follow-
ing subsidy schedule—
(1) up to 75 percent of the participant’s wages
may be subsidized for the first 26 weeks,
(2) up to 50 percent of the participant’s wages
may be subsidized for the next 13 weeks, and
(3) up to 25 percent of the participant’s wages
may be subsidized for the next 13 weeks.
(c) PRIORITY FOR PARTICIPATION.—In the selection
of participants for activities under this subtitle, priority
shall be given to individuals who—
(1) at the time of selection, have exhausted or
are otherwise not eligible for unemployment benefits,
particularly—
(A) those individuals who have been unem-
ployed for the longest periods of time preceding
the date of their selection,
(B) those residing in households in which
no other member is employed on a full-time
basis, and
(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
HR 4708 SC
closure, factory closure or other job loss due to
economic factors; and
(2) have been employed within the past 2 years
by the employer that is providing the subsidized 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-
HR 4708 SC
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
HR 4708 SC
for any 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.
HR 4708 SC
(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 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, a voca-
tional education school, an institution of higher edu-
cation, a community-based organization, a commu-
nity action agency, a community development cor-
poration, 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).
HR 4708 SC
(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,
HR 4708 SC
(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—
HR 4708 SC
(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,
(I) road and trail maintenance and im-
provement,
(J) improvement and reuse of abandoned
railroad bed and right-of-way, and
HR 4708 SC
(K) renewable resource enhancement, en-
ergy conservation projects and recovery of bio-
mass.
(3) Public safety, health, social service, and
other activities necessary to the public welfare, in-
cluding—
(A) fire hazard inspection and repair, and
repairing or replacing fire hydrants,
(B) emergency food and shelter activities,
(C) child and dependent care activities de-
signed to enable parents to become fully em-
ployed,
(D) assisting in nutrition programs for
children, the elderly and the disabled,
(E) other services, for the elderly or dis-
abled, including meals on wheels, inhome serv-
ices, and respite care,
(F) disaster relief efforts to assist victims,
(G) upgrading personal and residential se-
curity for elderly and low-income residents of
public or publicly assisted housing,
(H) public health services, including assist-
ance in community health centers,
(I) emergency medical and rescue services,
(J) drug and alcohol abuse programs,
HR 4708 SC
(K) domestic violence programs, including
prevention of child abuse,
(L) education and training assistance, in-
cluding family literacy, English as a second lan-
guage, basic skills education, remedial tutoring,
and occupational skills training,
(M) assisting public library programs, in-
cluding library aides programs and book-
mobiles,
(N) employment counseling, homelessness
prevention and other services to veterans,
(O) security guards for public schools and
public housing projects,
(P) police support such as dispatchers,
neighborhood watch, and traffic control to free
police officers for full time street duty,
(Q) staff support for juvenile and adult
correctional facilities,
(R) rodent and insect control activities,
(S) hazardous materials surveys, and
(T) unemployment counseling and job
placement services.
(b) JOINT PROGRAMS AUTHORIZED.—Nothing in
this subtitle shall be construed to preclude such activities
HR 4708 SC
from being conducted in conjunction with programs fund-
ed from sources other than under this subtitle.
(c) DEFINITION OF PROJECT.—For the purpose of
this section, the term ‘‘project’’ means a definable task
or group of related tasks which—
(1) will be carried out by a government depart-
ment, public or quasi-public agency, private non-
profit organization or private contractor,
(2) will be completed within 24 months,
(3) is an activity authorized under this section
or section 231(b),
(4) will result in a specific product or accom-
plishment,
(5) would not otherwise be conducted with ex-
isting funds, and
(6) will meet the priorities established in section
214.
(d) PUBLIC LANDS PROJECTS LIMITATIONS.—
(1) BENEFITS AND REIMBURSEMENT.—Projects
to be carried out under subsection (a)(2) shall be
limited to projects on public lands or Indian lands
except where a project involving other lands will pro-
vide a documented public benefit and reimbursement
will be provided to the recipient for that portion of
the total cost of the project which does not provide
HR 4708 SC
a public benefit. Notwithstanding any other provi-
sion of law, any reimbursement referred to in the
preceding sentence shall be retained by the recipient
and shall be used by the recipient for purposes of
carrying out other projects under this subtitle.
(2) CONSISTENCY WITH LAWS AND POLICIES.—
All projects carried out under this Act for conserva-
tion, rehabilitation, restoration, or improvement of
any public lands or Indian lands shall be consistent
with the provisions of law and policies relating to the
management and administration of such lands, with
all other applicable provisions of law, and with all
management, operational, and other plans and docu-
ments which govern the administration of the area.
SEC. 211. ELIGIBLE ADMINISTRATIVE ENTITIES.
(a) IN GENERAL.—Except as otherwise provided in
this section, an eligible administrative entity under 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 one or more eligible ju-
risdictions.
(b) ELIGIBLE JURISDICTION.—An eligible jurisdic-
tion under this subtitle is an area which has an unemploy-
ment rate in excess of 6 percent and which is—
HR 4708 SC
(1) a unit of general local government which
has a population of 50,000 or more individuals;
(2) a consortium of contiguous units of general
local government which includes—
(A) two or more municipal governments at
least one of which is an eligible jurisdiction
under paragraph (1);
(B) a combination of one or more 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
that term is defined in section 212(c)) that is not
within an area that is an eligible jurisdiction under
paragraph (1) or (2); or
(4) any Native American Indian Tribe, band, or
group on a Federal or State reservation, the Okla-
homa Indians, and any Alaska Native village or
group as defined in the Alaska Native Claims Settle-
ment Act, having a governing body.
(c) 
QUALIFICATION
OF
ADMINISTRATIVE
ENTITIES.—
HR 4708 SC
(1) IN
GENERAL.—An administrative entity
that serves an eligible jurisdiction shall qualify as an
eligible administrative entity for that eligible juris-
diction by filing, within 30 days of the allotment of
funds to such area under section 212, a statement
in accordance with section 213 with respect to the
use of such allotment. If no such administrative en-
tity files such a statement within such 30 days, the
Secretary may, on the basis of the filing of such a
statement, qualify another administrative entity
within the same State to serve that jurisdiction.
(2) PRESERVATION
OF
LOCAL
SERVICE.—A
larger unit of general local government (determined
on the basis of population) shall not qualify as an
eligible administrative entity to serve the population
of any geographic area within the jurisdiction of any
smaller unit of general local government (determined
on the basis of population) if the latter such unit is
or is part of an eligible administrative entity that
has filed a statement under section 213 with respect
to the use of funds provided under this title for such
area.
SEC. 212. ALLOTMENT OF FUNDS.
(a) NATIVE AMERICAN ALLOTMENT.—
HR 4708 SC
(1) FUNDS
RESERVED.—From the amount
available for purposes of this title for any fiscal year
(exclusive of the amount available for subpart C),
the Secretary shall reserve 2 percent for allotments
among Native American eligible jurisdictions de-
scribed in section 211(b)(4) in accordance with para-
graph (2).
(2) ALLOTMENTS.—The amounts which are re-
quired by paragraph (1) to be allotted in accordance
with this paragraph among Native American eligible
jurisdictions shall be allotted among such jurisdic-
tions on an equitable basis, taking into account the
extent to which regular employment opportunities
have been lacking for long-term periods among indi-
viduals within the jurisdiction of such entities.
(b) GENERAL ALLOTMENTS.—
(1) RESERVATION.—The remainder of the
amount available for this subtitle for any fiscal year
(after making the allotment required by subsection
(a)) shall be allotted by the Secretary to the States
for allocation to eligible jurisdictions within each
State. Each State shall allocate to the eligible juris-
dictions within the State such amounts as deter-
mined by the Secretary pursuant to the formula con-
tained in paragraph (2).
HR 4708 SC
(2) FORMULA.—Of the amounts allotted to eli-
gible jurisdictions for this part of each fiscal year—
(A) 331⁄3 percent shall be allotted on the
basis of the relative number of unemployed in-
dividuals residing in areas of substantial unem-
ployment within each eligible jurisdiction as
compared to the total number of such unem-
ployed individuals in all eligible jurisdictions in
all States; and
(B) 662⁄3 percent shall be allotted on the
basis of the relative number of unemployed in-
dividuals residing within each eligible jurisdic-
tion as compared to the total number of unem-
ployed individuals residing in all eligible juris-
dictions in all States.
(3) LIMITATIONS ON FORMULA.—The total al-
lotment for all eligible jurisdictions within any one
State shall not be less than one-quarter of one per-
cent of the total allotted to all eligible jurisdictions
in all States.
(c) DEFINITIONS.—For the purposes of this section:
(1) The term ‘‘area of substantial unemploy-
ment’’ means any area of sufficient size and scope
to sustain a program under this subtitle and which
has an average rate of unemployment of at least 6.0
HR 4708 SC
percent for the most recent 12 months as deter-
mined by the Secretary. Determinations of areas of
substantial 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. 213. 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 212 shall, within 30 days
after receiving notice of such allotment, submit to
the Secretary a statement—
(A) designating a fiscal agent for the re-
ceipt of payments from such allotment;
(B) agreeing to use funds only in accord-
ance with the provisions of this Act;
(C) agreeing to use such funds for projects
or activities under subpart A, B, and C of this
HR 4708 SC
subtitle and for which, to the maximum extent
feasible, on-site labor can begin within 45 days
of receipt of funds under this subtitle; and
(D) agreeing to provide each of the quar-
terly reports required by subsection (c).
(2) 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 212, and shall
notify each such eligible administrative entity of the
amount of its final allotment.
(b) PAYMENT OF ALLOTMENTS.—
(1) PROSPECTIVE RULE.—For fiscal years be-
ginning after the date of enactment of this Act, the
Secretary shall pay to each eligible administrative
entity which has filed a statement in accordance
with subsection (a) its allotment for that fiscal year.
Such payments shall be made in equal installments
not later than 5 days after the beginning of each
quarter for which funds are available.
(2) PREVIOUS FISCAL YEAR PAYMENTS.—For
any fiscal year which began prior to the date of en-
actment of this Act, the Secretary shall, not later
HR 4708 SC
than 30 days after the final allotment of funds for
such fiscal year under subsection (a)(2), pay to each
eligible administrative entity which has filed a state-
ment the total amount of such allotment.
(c) REPORTS ON USE OF FUNDS.—Not later than 45
days after the end of each calendar quarter, each eligible
administrative entity which has, during such quarter, ex-
pended funds made available under this subtitle (in that
or a preceding quarter) shall submit to the Secretary a
report on the use of such funds. Such report shall—
(1) describe in detail the jobs created with such
funds, including (A) the nature of the employment
activity, (B) the wage rates paid, and (C) the dura-
tion of employment;
(2) contain adequate data to evaluate the char-
acteristics of participants in programs under this
subtitle, including the sex, race, 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 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
HR 4708 SC
payment of any installment of an allotment except in ac-
cordance with section 303.
SEC. 214. PROJECT DESIGN.
(a) PRIORITY.—In designing projects under this sub-
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 the activities will pro-
vide long-term benefits to the public,
(5) the extent to which the activities will instill
in the enrollee involved a work ethic and a sense of
public service,
(6) the extent to which the project will be labor
intensive, and
(7) the extent to which the project can be
planned and initiated promptly.
(b) COORDINATION.—To the extent feasible, employ-
ment opportunities established with funds made available
HR 4708 SC
under this subtitle shall be coordinated with other Federal,
State and local activities, including vocational and adult
education, job training provided with funds available
under the Job Training Partnership Act (29 U.S.C. 1501
et seq.), the Family Support Act of 1988, and activities
receiving funds available under section 106 of the Housing
and Community Development Act of 1974 (42 U.S.C.
5306), and other Federal laws.
PART B—COMMUNITY IMPROVEMENT AND RENEWAL
ACTIVITIES FOR YOUTH TRAINEES
SEC. 221. YOUTH TRAINEE ACTIVITIES.
(a) USE OF FUNDS AUTHORIZED.—Funds under this
subtitle may be used for eligible youth who are paid wages
and benefits from such funds for part-time employment
not in excess of 32 hours per week. Such part-time em-
ployment may be in any activity described in section 310
or may be at a work site operated by a public or private
nonprofit agency or organization or by an employer orga-
nized for profit, but shall be provided in a manner which
requires, and is consistent with, the youth’s enrollment in
high school, a program which leads to a certificate of high
school equivalency, or a program of basic skills, skills
training or employability development, including a pro-
gram operated pursuant to the Family Support Act. Such
enrollment shall be for a minimum of 8 hours per week.
HR 4708 SC
(b) JOINT PROJECTS AUTHORIZED.—In meeting the
requirements of subsection (a), funds required to be used
for such purpose may be used in activities which also re-
ceive funds under the Job Training Partnership Act (in-
cluding Job Corps), the Carl D. Perkins Vocational Edu-
cation Act, the Family Support Act’s Job Opportunities
and Basic Skills Program, or other State or local public
or private education or training programs.
SEC. 222. ELIGIBLE YOUTH.
(a) EXEMPTION FROM UNEMPLOYMENT DURATION
REQUIREMENTS.—Notwithstanding section 203(a)(2) re-
garding the duration of unemployment, (1) any youth
aged 16 through 19, or (2) any youth aged 16 through
24 who is the parent of a dependent non-custodial child,
and who executes an agreement of support and an author-
ization for the withholding of a portion of the wages from
such activity for use in supporting such dependent child,
and (3) who is currently unemployed shall be eligible to
be a participant in activities conducted under this part.
(b) PRIORITY.—In selecting such participants, an eli-
gible administrative shall, notwithstanding section 203(c),
give priority to individuals who are economically disadvan-
taged. Among such individuals, eligible school dropouts
shall be served on an equitable basis. For purposes of this
subsection, a school dropout is an individual who is not
HR 4708 SC
attending any school and has not received a secondary
school diploma or certificate of high school equivalency.
PART C—STATE JOB PROGRAMS
SEC. 231. FINANCIAL ASSISTANCE FOR STATE JOB PRO-
GRAMS.
(a) USE OF ALLOTTED FUNDS.—Five percent of the
sums allotted to each State under section 204 shall be
available for purposes of this part.
(b) USE OF FUNDS.—The sums available under sub-
section (a) shall be used for employment of eligible partici-
pants under this subtitle—
(1) through State-administered programs and
activities authorized under section 201, such as
those in—
(A) State parks, forests, recreation, and
conservation programs (including rangeland re-
habilitation and improvement and beach front
erosion rehabilitation and repair),
(B) State hospital and other institutions
and facilities providing health care,
(C) State correctional institutions and pro-
grams, including juvenile facilities, and
(D) State administered social service pro-
grams (including State-sponsored pre-school
and child care programs);
HR 4708 SC
(2) through special assistance (in conjunction,
as appropriate with eligible administrative entities
under subtitle B) for areas which have experienced
sudden or severe economic dislocations, including
large scale losses of jobs caused by the closing of fa-
cilities (including defense related facilities) or mass
layoffs;
(3) through State-directed emergency aid pro-
grams to cope with natural disasters, including ero-
sion, flood, drought, and storm damage assistance
and control activities; and
(4) through special assistance to seasonal farm-
workers and small farmers in rural, agricultural
areas which have experienced substantial losses of
jobs due to the rising numbers of farm mortgage
foreclosures and other severe economic disruption (in
conjunction, as appropriate, with eligible administra-
tive entities under subtitle B or with related pro-
grams 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-
HR 4708 SC
dictions defined in section 204, 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 pro-
vided.
(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 Sec-
retary a statement—
(1) agreeing to use such funds only in accord-
ance with the provisions of this Act; and
(2) agreeing to provide each of the quarterly re-
ports required by subsection (e).
(e) REPORTS REQUIRED.—Not later than 30 days
after the end of each calendar quarter, each State which
has, during such quarter, expended funds made available
under this part (in that or a preceding quarter) shall sub-
mit to the Secretary a report on the use of such funds.
Such report shall—
(1) describe in detail the jobs created with such
funds including (A) the nature of the employment
HR 4708 SC
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 race, sex, age, handicapped status,
and veteran status of participants; and
(3) contain such other information as the Sec-
retary may specifically request in order to ascertain
whether the State has used such funds in accordance
with the requirements of this Act.
Subtitle C—Employment Activities—Repair
and Renovation of Educational Facilities
PART A—ELEMENTARY AND SECONDARY SCHOOL
FACILITY IMPROVEMENT JOBS
SEC. 241. SCHOOL FACILITY REPAIR AND RENOVATION
PROJECTS.
(a) USE OF FUNDS AUTHORIZED.—Funds shall be
made available under this part for any fiscal year to any
eligible local education agency in an eligible jurisdiction
under section 211 and shall be used to carry out projects
and activities (in accordance with the limitation on use
of funds set forth in section 204) providing employment
to eligible participants (qualifying under section 203) in
work on the repair, renovation, restoration or rehabilita-
tion of the public school facilities of such agency.
HR 4708 SC
(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 the 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;
HR 4708 SC
(2) for the repair, renovation, restoration or re-
habilitation of public school facilities, including elec-
trical rewiring for new technology;
(3) for conversion of presently unused or
underused facilities into adult training centers or
pre-school education centers, including Head Start
centers;
(4) for remodeling or renovating structures to
make them more energy efficient; or
(5) for detecting, removing or otherwise con-
taining lead or asbestos in academic or other facili-
ties used by students.
(d) TRIBAL SCHOOL PROJECTS.—
(1) APPLICATION
REQUIRED.—Funds made
available to the Secretary of the Interior shall be
made available, upon application, to Indian tribal
schools for purposes consistent with subsection (c),
and consistent with Federal and Tribal procedures.
Such applications shall contain a description of the
activities to be performed, with estimates of the
costs associated with such activities, and shall give
priority to the employment of Native Americans, and
to the activities described in subsection (c)(1).
(2) REGULATIONS.—The Secretary of the Inte-
rior shall, not later than 120 days after the date of
HR 4708 SC
enactment of this Act, promulgate regulations nec-
essary for the establishment of the program author-
ized under this subsection. In addition, the Secretary
of the Interior shall, during the 120-day period and
annually thereafter, establish by regulation priorities
for making grants under this subsection which are
consistent with subsection (c).
(3) COMPLIANCE WITH ALLOTMENT REQUIRE-
MENTS.—For the purposes of section 242, the De-
partment of the Interior shall be considered as 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. 242. ALLOTMENT OF FUNDS.
(a) FUNDS RESERVED.—From the amount available
for purposes of this part for any fiscal year, the Secretary
shall reserve 2 percent for allotment among Native Amer-
ican eligible jurisdictions described in section 211(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
HR 4708 SC
opportunities have been lacking for long-term periods
among individuals within the jurisdiction of such entities.
(b) LOCAL EDUCATIONAL AGENCY ALLOTMENTS.—
The remainder of the amount available for purposes of
this part for any fiscal year shall be allotted by the Sec-
retary among local educational agencies located within eli-
gible jurisdictions (as determined by section 211(b)) by
allocating to each such local educational agency an
amount that bears the same ratio to such remainder as
the allotment (under section 212(b)(2)) of the eligible ju-
risdiction within which it is located bears to the sum of
the allotments to all eligible jurisdictions under such sec-
tion.
SEC. 243. REQUIREMENTS FOR RECEIPT OF ALLOTMENT.
(a) STATEMENT REQUIRED.—
(1) CONTENTS
OF
STATEMENT.—Each local
educational agency which desires to receive its allot-
ment under section 242 shall, within 30 days after
receiving notice of such allotment, submit to the Sec-
retary a statement—
(A) agreeing to use such funds only in ac-
cordance with the provisions of this Act; and
(B) agreeing to provide each of the quar-
terly reports required by subsection (c).
HR 4708 SC
(2) ACTION BY SECRETARY.—Within 30 days
after the final day for the submission of statements
required by paragraph (1), the Secretary shall, on
the basis of only those local educational agencies
submitting such statements, make a final allotment
of funds in accordance with section 242, and shall
notify each such agency of the amount of its final
allotment.
(b) 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 education
agency which has filed such a statement the total
amount of such allotment.
HR 4708 SC
(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 sta-
tus, and veteran status of such 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.
HR 4708 SC
PART B—HIGHER EDUCATION FACILITY IMPROVEMENT
PROJECTS
SEC. 251. ACADEMIC FACILITY REPAIR AND RENOVATION
PROJECTS.
(a) USE OF FUNDS AUTHORIZED.—The funds made
available to any institution of higher education under this
part for any fiscal year shall be used to carry out projects
and activities (in accordance with the limitation on use
of funds set forth in section 204) providing employment
to eligible participants (qualifying under section 203) in
work on the repair, restoration, renovation, or rehabilita-
tion of the academic facilities of such institution.
(b) USE OF QUICK-START PROJECTS.—To the maxi-
mum extent feasible, funds made available under this part
shall be used for projects or activities on which on-site
labor can begin within 90 days of receipt of funds under
this part.
(c) PERMITTED USE OF FUNDS.—
(1) ELIGIBLE
PROJECTS.—Funds alloted to
each State under section 252 shall be made available
through the higher education building agency of
such State, in accordance with its State plan under
part A of title VII of the Higher Education Act of
1965, to assist institutions of higher education in
carrying out eligible projects under that title for the
HR 4708 SC
repair, restoration, renovation, and rehabilitation of
academic facilities and libraries if the primary pur-
pose of such assistance is—
(A) to enable such institutions to econo-
mize on the use of energy resources, with a pri-
ority for the use of coal, solar, and renewable
resources;
(B) to enable such institutions to bring
their academic facilities and libraries into con-
formity with the requirements of—
(i) the Act of August 12, 1968, com-
monly known as the Architectural Barriers
Act of 1968,
(ii) section 504 of the Rehabilitation
Act of 1973,
(iii) the Americans with Disabilities
Act, and
(iv) 
environmental 
protection 
or
health and safety programs mandated by
Federal, State, or local law, especially for
those facilities which were constructed be-
fore such requirements were in effect;
(C) to enable such institutions to renovate
research facilities and postsecondary technical
HR 4708 SC
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 alloted under section
252 shall be made available only to institutions of
higher education that are located within eligible ju-
risdictions under section 211(b), except that the Sec-
retary may waive the requirements of this paragraph
for any State if there are no institutions of higher
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 high-
er 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.
HR 4708 SC
SEC. 252. 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 211(b)(4). Such reserved
amount shall be alloted 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 en-
tities.
(2) STATE
ALLOTMENTS.—The remainder of
the amount available for purposes of this part shall
be alloted by the Secretary among the States by allo-
cating to each State an amount that bears the same
ratio to such remainder as the sum of the allotments
(under section 212(b)(2)) of the eligible jurisdictions
within such State bears to the sum of the allotments
to all eligible jurisdictions under such section.
(b) ADMINISTRATIVE COSTS.—From the amount
alloted 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.
HR 4708 SC
SEC. 253. REQUIREMENTS FOR RECEIPT OF ALLOTMENT.
(a) STATEMENT REQUIRED.—
(1) CONTENT
OF
STATEMENT.—Each State
which desires to receive its allotment under section
252 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 funds only in accord-
ance with the provisions of this Act; and
(C) agreement to provide each of the quar-
terly reports required by subsection (c).
(2) ACTION BY SECRETARY.—Within 30 days
after the final statements required by paragraph (1),
the Secretary shall, on the basis of only those States
submitting such statements, make a final allotment
of funds in accordance with section 252, and shall
notify each State of the amount of its final allot-
ment.
(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
HR 4708 SC
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 begins 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 al-
lotment.
(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 race, sex, age, handicapped status,
and veteran status of participants; and
HR 4708 SC
(5) the term ‘’institution of higher education’’
has the meaning provided under section 1201(a) of
the Higher Education Act of 1965.
PART D—AUTHORIZATION OF APPROPRIATIONS
SEC. 271. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—In order to provide employment
opportunities for unemployed individuals under this title
there are authorized to be appropriated $45,000,000,000
for each the fiscal years 1995, 1996, 1997, 1998 and
1999.
(b) DIVISION BETWEEN SUBTITLES.—Of the amount
appropriated pursuant to subsection (a) for any fiscal
year—
(1) 80 percent shall be available for purposes of
subtitle B,
(2) 10 percent shall be available for purposes of
part A of subtitle C, and
(3) 10 percent shall be available for purposes of
part B of subtitle C.
TITLE III—GENERAL PROVISIONS
SEC. 301. 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
HR 4708 SC
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
HR 4708 SC
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 such titles, ex-
cept that a recipient may permit participation by homeless
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 individuals 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
HR 4708 SC
under section 6(a)(1) of the Fair Labor Standards
Act of 1938, (B) the minimum wage under the ap-
propriate 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 the 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 in 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 up 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.
HR 4708 SC
(4) TIME
OFF.—Participants employed under
this Act shall be allowed sufficient time off from
work activities to participate effectively in 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 such 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 alloted 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 cancelled as long as the funds so allotted are expended
HR 4708 SC
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) 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. 302. 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,
HR 4708 SC
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. Nothing in this sub-
section shall relieve either a participant or a pro-
gram from requirements of the Social Security Act.
(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
HR 4708 SC
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
opening filled when any other individual is on
layoff from the same or any substantially equiv-
alent job.
(B) No participant whose wages are sub-
sidized under this Act shall be employed or job
opening filled when, after the enactment of this
Act, the employer terminates the employment of
any regular unsubsidized employee in the same
or any substantially equivalent job or otherwise
reduces the number of regular unsubsidized em-
ployees in such jobs.
HR 4708 SC
(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
212(c), 231(e), 243(c), or 253(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 212(c), 231(e),
243(c), or 253(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 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
HR 4708 SC
(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 301 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 to review such complaint
HR 4708 SC
and to submit a reply to the Secretary within 15
days after receiving a copy of such complaint.
(2) INVESTIGATION
OF
COMPLAINTS.—An official
who shall be designated by the Secretary shall review any
report required to include a statement specified in sub-
section (c)(3), or any complaint submitted in accordance
with paragraph (1), to ascertain the accuracy of the infor-
mation set forth or alleged and to determine whether there
is substantial evidence that the affected activities fail to
comply with section 301 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-
HR 4708 SC
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
301 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 301 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 303(b) for the
repayment of funds determined to have been ex-
pended in violation of section 301 or subsection (a)
or (b) of this section.
(e) LABOR ORGANIZATION.—
HR 4708 SC
(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
HR 4708 SC
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
HR 4708 SC
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. 303. 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 their responsibilities under the Inspector
General Act.
(3) ACCESS TO RECORDS.—For the purpose of
evaluating and reviewing programs established or
provided for by this Act, the Comptroller General
HR 4708 SC
shall have access to and the right to copy any books,
accounts, records, correspondence, or other docu-
ments pertinent to such programs that are in the
possession, custody, or control of any recipient of
funds under this Act, or any contractor or sub-
contractor 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 in
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.
HR 4708 SC
(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 establishes 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-
HR 4708 SC
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 provision 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 Sen-
ate.
(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 compliant
HR 4708 SC
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 rem-
edies.
(g) RECORDKEEPING. Recipients shall keep records
that are sufficient to permit the preparation of reports re-
quired 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
HR 4708 SC
or the Comptroller General of the United States may
not request the compilation of any new information
not readily available to such recipient.
SEC. 304. JUDICIAL REVIEW.
(a) REVIEW PERMITTED.—
(1) APPELLATE REVIEW.—With respect to any
corrective action or sanction imposed under section
303 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 pe-
tition within 30 days of the issuance of a 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
HR 4708 SC
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. 305. DEFINITIONS.
(a) DEFINITIONS.—For the purposes of this Act—
(1) the term ‘‘economically disadvantaged’’
means an individual who—
(A) receives, or is a member of a family
which receives, cash welfare payments under a
Federal, State, or local welfare program;
(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 unemployment compensation, child support
payments, and welfare payments) which, in re-
lation to family size, was not in excess of the
higher of (i) the poverty level determined in ac-
cordance with criteria established by the Direc-
tor of the Office of Management and Budget, or
(ii) 70 percent of the lower living standard in-
come level;
(C) receives, or is a member of a family
which receives, food stamps pursuant to the
Food Stamp Act of 1977;
HR 4708 SC
(D) is a foster child on behalf of whom
State or local government payments 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 in-
come 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 or local educational
agency receiving funds under an allotment for part
A of title II, 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;
HR 4708 SC
(6) except as specifically provided elsewhere in
this Act, the term ‘‘Secretary’’ means the Secretary
of Labor, except that—
(A) for purposes of subtitle C of title II,
such term means the Secretary of Education;
and
(B) with respect to sections 302(h), 304,
and 305, 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 of the United States, 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 or 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
HR 4708 SC
(9) the term ‘‘unit of local government’’ means
any city, town, township, parish, or (except in Con-
necticut, 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.
Æ
HR 4708 SC——2
HR 4708 SC——3
HR 4708 SC——4
HR 4708 SC——5
HR 4708 SC——6