I
103D CONGRESS
2D SESSION
H. R. 5278
To provide for the creation of jobs in America, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 7, 1994
Mr. SANDERS (for himself, Ms. VELA´ZQUEZ, Mr. HINCHEY, Mr. OWENS, Mr.
BONIOR, and Mr. BROWN of California) introduced the following bill;
which was referred jointly to the Committees on Public Works and Trans-
portation, Energy and Commerce, Armed Services, Appropriations, Bank-
ing, Finance and Urban Affairs, Education and Labor, Natural Re-
sources, and Ways and Means
A BILL
To provide for the creation of jobs in America, 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.
(a) SHORT TITLE.—This Act may be cited as the
‘‘The Jobs and Investment Act of 1994’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title.
TITLE I—PHYSICAL CAPITAL INVESTMENT
Subtitle A—Highways and Mass Transit
Sec. 1001. Highway programs.
Sec. 1002. Federal transit act programs.
Subtitle B—Airports
Sec. 1101. Airport improvement program.
Subtitle C—Railroads
Sec. 1201. Local rail freight assistance.
Subtitle D—Water and Sewage Treatment Facilities
Sec. 1301. State water pollution control revolving funds.
Subtitle E—Environmental Restoration
Sec. 1401. Environmental restoration at facilities of the department of defense
and department of energy.
Subtitle F—Community Development Assistance
CHAPTER 1—COMMUNITY DEVELOPMENT BLOCK GRANTS
Sec. 1501. Authorization of appropriations.
CHAPTER 2—COMMUNITY BANKING AND ECONOMIC EMPOWERMENT ACT
Sec. 1511. Short title.
Sec. 1512. Authority of secretary.
Sec. 1513. Eligible community development lenders.
Sec. 1514. Capital and operating assistance for community development lend-
ers.
Sec. 1515. Requirements of assisted community development lenders.
Sec. 1516. Application and approval for assistance.
Sec. 1517. Assistance agreements.
Sec. 1518. Books, records, and audits.
Sec. 1519. Technical assistance for organizing and operating community devel-
opment lenders.
Sec. 1520. Relationship to community reinvestment act of 1977.
Sec. 1521. Reports to congress.
Sec. 1522. Regulations.
Sec. 1523. Definitions.
Sec. 1524. Authorization of appropriations.
Subtitle G—Education Infrastructure
Sec. 1601. Short title.
Sec. 1602. Findings.
Sec. 1603. Purpose.
Sec. 1604. Definitions.
Sec. 1605. Improvement of public elementary and secondary education facilities
program authorized.
Sec. 1606. Applications.
Sec. 1607. Authorized activities.
Sec. 1608. Requirements.
Sec. 1609. Contracts.
Sec. 1610. Technical assistance.
Sec. 1611. Federal assessment.
Subtitle H—Renewable Energy and Energy Efficiency
Sec. 1701. Renewable energy.
Sec. 1702. Energy efficiency.
TITLE II—HUMAN CAPITAL INVESTMENT
Subtitle A—Job Training
Sec. 2001. Human capital investments in job training.
Subtitle B—Education
Sec. 2101. Educational personnel.
Subtitle C—Head Start
Sec. 2201. Amendments to the Head Start act.
Subtitle D—Programs Under Public Health Service Act
CHAPTER 1—FUNDING INITIATIVE FOR PROGRAMS PROVIDING HEALTH
SERVICES
Sec. 2301. Funding initiative.
CHAPTER 2—COMMUNITY HEALTH ADVISOR PROGRAM
Sec. 2311. Short title.
Sec. 2312. Findings.
Sec. 2313. Formula grants regarding community health advisor programs.
Sec. 2314. Requirements regarding community health advisor programs.
Sec. 2315. Additional agreements.
Sec. 2316. Application for assistance; State plan.
Sec. 2317. Determination of amount of allotment.
Sec. 2318. Quality assurance; cost-effectiveness.
Sec. 2319. Evaluations; technical assistance.
Sec. 2320. Rule of construction regarding programs of indian health service.
Sec. 2321. Definitions.
Sec. 2322. Funding.
TITLE III—AMENDMENTS OF INTERNAL REVENUE CODE OF 1986
Subtitle A—Reduction in Employee Payroll Taxes; Credit for First-Time
Homebuyers
Sec. 3001. Credit for portion of social security taxes.
Sec. 3002. Credit for purchase of principal residence by first-time homebuyer.
Subtitle B—Revenue Increases
Sec. 3101. Stock transfer excise tax.
Sec. 3102. Repeal of preferential rate of tax on capital gains.
Sec. 3103. Carryover basis at death.
Sec. 3104. Miscellaneous amendments related to carryover basis.
TITLE IV—APPROPRIATIONS
Sec. 4001. Appropriations.
Sec. 4002. Designation as emergency requirement.
TITLE I—PHYSICAL CAPITAL
INVESTMENT
Subtitle A—Highways and Mass
Transit
SEC. 1001. HIGHWAY PROGRAMS.
(a) Section 1003 of the Intermodal Surface Trans-
portation Efficiency Act of 1991 (105 Stat. 1918–1922)
is amended by adding at the end the following:
‘‘(d) ADDITIONAL FUNDING FROM HTF.—In addi-
tion to amounts made available by subsection (a), for the
purpose of carrying out the provisions of title 23, United
States Code, the following sums are authorized to be ap-
propriated out of the Highway Trust Fund (other than
the Mass Transit Account):
‘‘(1) INTERSTATE
MAINTENANCE
PROGRAM.—
For 
the 
interstate 
maintenance 
program
$3,500,000,000 for each of fiscal years 1995 and
1996.
‘‘(2) SURFACE
TRANSPORTATION
PROGRAM.—
For 
the 
surface 
transportation 
program
$3,000,000,000 for each of fiscal years 1995 and
1996.
‘‘(3) BRIDGE PROGRAM.—For the bridge pro-
gram $3,500,000,000 for each of fiscal years 1995
and 1996.’’.
(b) NON-APPLICABILITY OF OBLIGATION CEILING.—
Funds authorized by the amendment made by subsection
(a) shall not be subject to any obligation limitation.
SEC. 1002. FEDERAL TRANSIT ACT PROGRAMS.
(a) AUTHORIZATION OF APPROPRIATIONS.—Section
21 of the Federal Transit Act (49 U.S.C. App. 1617) is
amended by adding at the end the following:
‘‘(h) ADDITIONAL FUNDING.—
‘‘(1) FORMULA GRANT PROGRAMS.—
‘‘(A) FROM
THE
TRUST
FUND.—There
shall be available from the Mass Transit Ac-
count of the Highway Trust Fund to carry out
section 18 of this Act $125,000,000 for each of
fiscal years 1995 and 1996. Such sums shall re-
main available until expended.
‘‘(B) FROM GENERAL FUNDS.—There are
authorized to be appropriated to carry out sec-
tion 9 of this Act $825,000,000 for each of fis-
cal years 1995 and 1996. Such sums shall re-
main available until expended.
‘‘(2) SECTION 3 DISCRETIONARY AND FORMULA
GRANTS.—There shall be available from the Mass
Transit Account of the Highway Trust Fund only to
carry out section 3 of this Act $650,000,000 for
each of fiscal years 1995 and 1996. Such sums shall
remain available until expended.’’.
(b) CONTRACT AUTHORITY.—Section 21(b)(4) of
such Act is amended—
(1) by striking ‘‘or (b)(3)’’ and inserting
‘‘(b)(3), (h)(1)(A), or (h)(2)’’; and
(2) by striking ‘‘or (b)(2)’’ and inserting ‘‘,
(b)(2), or (h)(1)(B)’’.
(c) NON-APPLICABILITY OF OBLIGATION CEILING.—
Funds authorized by the amendment made by subsection
(a) shall not be subject to any obligation limitation.
Subtitle B—Airports
SEC. 1101. AIRPORT IMPROVEMENT PROGRAM.
(a) FUNDING.—Section 505(a) of the Airport and
Airway Improvement Act of 1982 (49 U.S.C. App.
2204(a)) is amended by inserting after the second sen-
tence the following: ‘‘In addition to amounts made avail-
able by the preceding sentence, there shall be available to
the Secretary for such grants (including grants for airport
noise compatibility planning under such Act) and for car-
rying out noise compatibility programs or parts thereof
under such section 104(c) $1,000,000,000 for each of fis-
cal years 1995 and 1996.’’.
(b) OBLIGATION AUTHORITY.—Section 505(b) of
such Act is amended by striking ‘‘1993’’ and inserting
‘‘1996’’.
Subtitle C—Railroads
SEC. 1201. LOCAL RAIL FREIGHT ASSISTANCE.
Section 5(q) of the Department of Transportation
Act (49 U.S.C. App. 1654(q)) is amended—
(1) by striking ‘‘and $30,000,000 for fiscal year
1994’’ and inserting in lieu thereof ‘‘$30,000,000
for fiscal year 1994, $1,000,000,000 for fiscal year
1995, and $1,000,000,000 for fiscal year 1996’’;
and
(2) by striking ‘‘after September 30, 1994’’ and
inserting in lieu thereof ‘‘after September 30,
1996’’.
Subtitle D—Water and Sewage
Treatment Facilities
SEC. 1301. STATE WATER POLLUTION CONTROL REVOLV-
ING FUNDS.
Section 607 of the Federal Water Pollution Control
Act (33 U.S.C. 1387) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(4);
(2) by striking the period at the end of para-
graph (5) and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(6) $4,000,000,000 for fiscal year 1995; and
‘‘(7) $4,000,000,000 for fiscal year 1996.’’.
Subtitle E—Environmental
Restoration
SEC. 1401. ENVIRONMENTAL RESTORATION AT FACILITIES
OF THE DEPARTMENT OF DEFENSE AND DE-
PARTMENT OF ENERGY.
(a) AUTHORIZATION OF APPROPRIATIONS.—
(1) DEPARTMENT
OF
DEFENSE.—There is
hereby authorized to be appropriated to the Sec-
retary of Defense for each of fiscal years 1995 and
1996 for environmental restoration the following:
(A) $1,000,000,000, for deposit into the
Defense Environmental Restoration Account es-
tablished in section 2703 of title 10, United
States Code.
(B) $1,000,000,000, for deposit into the
Department of Defense Base Closure Account
1990 established in section 2906(a) of the Na-
tional Defense Authorization Act for Fiscal
Year 1991 (Public Law 101–510; 10 U.S.C.
2687 note), of which—
(i) $500,000,000 shall be used to
carry out environmental restoration activi-
ties at military installations selected in
1993 for closure or realignment under the
Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Pub-
lic Law 101–510; 10 U.S.C. 2687 note);
and
(ii) $500,000,000 shall be used to
carry out environmental restoration activi-
ties at military installations selected in
1995 for closure or realignment under
such Act.
(2) DEPARTMENT OF ENERGY.—There is ap-
propriated to the Secretary of Energy for each of
fiscal years 1995 and 1996 for environmental res-
toration and waste management at defense nuclear
facilities the following:
(A) $1,000,000,000, for environmental res-
toration.
(B) $750,000,000, for waste management.
(C) $250,000,000, for corrective activities.
(b) APPROPRIATIONS FOR FISCAL YEAR 1995.—The
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year
ending September 30, 1995, to implement the provisions
of this Act, namely:
DEPARTMENT OF DEFENSE
OPERATION AND MAINTENANCE
ENVIRONMENTAL RESTORATION, DEFENSE
For the Department of Defense, for deposit into the
Defense Environmental Restoration Account established
in section 2703 of title 10, United States Code,
$1,000,000,000, to remain available until transferred.
MILITARY CONSTRUCTION
BASE REALIGNMENT AND CLOSURE ACCOUNT, PART II
For deposit into the Department of Defense Closure
Account 1990 established by section 2906(a) of the Na-
tional Defense Authorization Act for Fiscal Year 1991
(Public 
Law 
101–510; 
U.S.C. 
2687 
note),
$500,000,000, to be available solely for environmental res-
toration and to remain available until expended.
BASE REALIGNMENT AND CLOSURE ACCOUNT, PART III
For deposit into the Department of Defense Closure
Account 1990 established by section 2906(a) of the Na-
tional Defense Authorization Act for Fiscal Year 1991
(Public 
Law 
101–510; 
U.S.C. 
2687 
note),
$500,000,000, to be available solely for environmental res-
toration and to remain available until expended.
DEPARTMENT OF ENERGY
DEFENSE ENVIRONMENTAL RESTORATION AND WASTE
MANAGEMENT
For Department of Energy expenses necessary for
atomic energy defense environmental restoration and
waste management activities, $2,000,000,000, to remain
available until expended: Provided, That of the funds ap-
propriated herein, $1,000,000,000 shall be available for
environmental restoration, $750,000,000 shall be available
for waste management, and $250,000,000 shall be avail-
able for corrective activities.
(c) APPROPRIATIONS FOR FISCAL YEAR 1996.—The
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year
ending September 30, 1996, to implement the provisions
of this Act, namely:
DEPARTMENT OF DEFENSE
OPERATION AND MAINTENANCE
ENVIRONMENTAL RESTORATION, DEFENSE
For the Department of Defense, for deposit into the
Defense Environmental Restoration Account established
in section 2703 of title 10, United States Code,
$1,000,000,000, to remain available until transferred.
MILITARY CONSTRUCTION
BASE REALIGNMENT AND CLOSURE ACCOUNT, PART II
For deposit into the Department of Defense Closure
Account 1990 established by section 2906(a) of the Na-
tional Defense Authorization Act for Fiscal Year 1991
(Public 
Law 
101–510; 
U.S.C. 
2687 
note),
$500,000,000, to be available solely for environmental res-
toration and to remain available until expended.
BASE REALIGNMENT AND CLOSURE ACCOUNT, PART III
For deposit into the Department of Defense Closure
Account 1990 established by section 2906(a) of the Na-
tional Defense Authorization Act for Fiscal Year 1991
(Public 
Law 
101–510; 
U.S.C. 
2687 
note),
$500,000,000, to be available solely for environmental res-
toration and to remain available until expended.
DEPARTMENT OF ENERGY
DEFENSE ENVIRONMENTAL RESTORATION AND WASTE
MANAGEMENT
For Department of Energy expenses necessary for
atomic energy defense environmental restoration and
waste management activities, $2,000,000,000, to remain
available until expended: Provided, That of the funds ap-
propriated herein, $1,000,000,000 shall be available for
environmental restoration, $750,000,000 shall be available
for waste management, and $250,000,000 shall be avail-
able for corrective activities.
(d) DESIGNATION AS EMERGENCY REQUIREMENT.—
The entire amount appropriated under this section is des-
ignated by Congress as an emergency requirement pursu-
ant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Subtitle F—Community
Development Assistance
CHAPTER 1—COMMUNITY DEVELOPMENT
BLOCK GRANTS
SEC. 1501. AUTHORIZATION OF APPROPRIATIONS.
For assistance under section 106 of the Housing and
Community Development Act of 1974, there is authorized
to be appropriated, in addition to any amounts authorized
under section 103 of such Act, $2,000,000,000 for fiscal
year 1995 and $2,000,000,000 for fiscal year 1996.
CHAPTER 2—COMMUNITY BANKING AND
ECONOMIC EMPOWERMENT ACT
SEC. 1511. SHORT TITLE.
This chapter may be cited as the ‘‘Community Bank-
ing and Economic Empowerment Act’’.
SEC. 1512. AUTHORITY OF SECRETARY.
(a) IN GENERAL.—To make credit and credit-related
services available to low-income families and others not
adequately served by traditional lending institutions and
promote community development, economic development,
and revitalization of low-income neighborhoods, the Sec-
retary of Housing and Urban Development shall provide,
to the extent amounts are provided in appropriation
Acts—
(1) assistance under section 1514 to community
development lenders and other eligible entities that
have submitted applications under section 1516 that
have been approved by the Secretary and have en-
tered into agreements with the Secretary under sec-
tion 1517; and
(2) technical assistance under section 1519 to
assist in organizing and operating community devel-
opment lenders.
(b) CONSULTATION.—The Secretary of Housing and
Urban Development shall consult with the Secretary of the
Treasury in developing, implementing, and carrying out
this chapter, and in providing assistance to community de-
velopment lenders under section 1514.
SEC. 1513. ELIGIBLE COMMUNITY DEVELOPMENT LEND-
ERS.
(a) IN GENERAL.—Applications for assistance under
section 1514 may be submitted only by the following enti-
ties:
(1) COMMUNITY
DEVELOPMENT
LENDERS.—
Any corporation, partnership, organization, agency,
person, or other entity (which may include for-profit
and nonprofit entities, community development cor-
porations, microenterprise organizations, community
organizations, and other entities and persons) that—
(A) is organized for the purposes described
in subsection (b); and
(B) is not a depository institution (as such
term is defined in section 3(c) of the Federal
Deposit Insurance Act) or a credit union, or an
affiliate or subsidiary of a depository institution
or credit union (including community develop-
ment credit unions, savings and loan associa-
tions, and other depository institutions).
(2) ELIGIBLE ENTITIES ESTABLISHING COMMU-
NITY
DEVELOPMENT
LENDERS.—Any corporation,
partnership, organization, agency, person, or other
entity that—
(A) is engaged in organizing or establish-
ing a community development financial institu-
tion; and
(B) is not a depository institution (as such
term is defined in section 3(c) of the Federal
Deposit Insurance Act) or a credit union, or an
affiliate or subsidiary of a depository institution
or credit union (including community develop-
ment credit unions, savings and loan associa-
tions, and other depository institutions).
(b) PURPOSE.—To be eligible to receive assistance
under section 1514, a community development lender ap-
plying for such assistance (or to be established by the eligi-
ble entity applying for such assistance) shall have among
its principal purposes making credit and credit-related
services available to low-income families and in low-income
neighborhoods and promoting the development and revital-
ization of low-income neighborhoods. The community de-
velopment lender shall carry out such purpose by making
loans to individuals, families, businesses, organizations,
and other entities and conducting such other activities and
services relating to making loans (such as loan counseling
and servicing) as the lender considers appropriate. Such
loans may include mortgage loans, loans for housing devel-
opment, rehabilitation, and weatherization, business devel-
opment and assistance loans, personal loans, operating
loans, construction loans, loans for community and
economic development activities, and other repayable
assistance.
(c) GOVERNANCE.—To be eligible to receive assist-
ance under section 1514, a community development lender
applying for such assistance (or to be established by the
eligible entity applying for such assistance) shall be gov-
erned by a board of directors that—
(1) is solely responsible for determining policy
for the community development lender with respect
to management and operations, lending activities,
loan standards and implementation, employment,
asset management, and any other issues; and
(2) includes among its members a significant
number of members who are individuals meeting the
requirements of any of subparagraphs (A) through
(D), who shall include—
(A) individuals who are members of low-in-
come families;
(B) individuals who are residents of the
low-income neighborhood served by the lender;
(C) individuals who are experienced in pro-
viding financial assistance or financial advice to
low-income individuals or residents, businesses,
or organizations in low-income neighborhoods;
and
(D) individuals who have significant expe-
rience in serving the low-income neighborhood
served by the lender, the community in which
such neighborhood is located, or any other low-
income neighborhood.
SEC. 1514. CAPITAL AND OPERATING ASSISTANCE FOR
COMMUNITY DEVELOPMENT LENDERS.
(a) AUTHORITY.—The Secretary may provide assist-
ance under this section to community development lenders
and eligible entities establishing community development
lenders, for the purposes under subsection (b).
(b) PURPOSES.—Assistance under this section may
be used only as provided in the assistance agreement
under section 1517 for the community development lender
or eligible entity and only for the following purposes:
(1) FEASIBILITY STUDIES.—To carry out stud-
ies to determine the feasibility of establishing a pro-
gram to make loans for the purposes under section
1513(b) within a particular low-income neighbor-
hood.
(2) CAPITAL ASSISTANCE.—To provide capital
for the community development lender—
(A) to establish or supplement amounts
available for loans for the purposes under sec-
tion 1513(b);
(B) to provide credit enhancement for
loans for the purposes under section 1513(b);
(C) to establish or supplement capital re-
serves of the lender; and
(D) to carry out other activities, as the
Secretary may provide.
(3) OPERATING COSTS.—To provide amounts to
cover operating costs of the community development
lender, including marketing and management activi-
ties, business planning and counseling services, staff
training, planning costs, costs relating to establish-
ing the community development lender or changing
the activities or management of a financial institu-
tion or other organization or entity to include com-
munity development lending activities.
(c) OTHER TERMS.—The Secretary may establish
any terms and conditions of assistance under this section
that the Secretary considers appropriate to carry out the
purposes of this subtitle, including limitations on the
amount of assistance provided to any community develop-
ment lender or eligible entity, limitations on the number
of applications that may be approved for any single com-
munity development lender or eligible entity, and require-
ments and limitations for the amounts and timing of the
disbursement of assistance.
(d) NON-FEDERAL
FUNDS
REQUIREMENT.—The
Secretary may not provide assistance under this section
to any eligible entity for the establishment of a community
development lender in an amount in excess of 9 times the
amount that the entity certifies, as the Secretary shall re-
quire, that the entity will contribute from non-Federal
sources to the community development lender established
with amounts provided under this section.
SEC. 1515. REQUIREMENTS OF ASSISTED COMMUNITY DE-
VELOPMENT LENDERS.
(a) PROHIBITION OF DIRECT ASSISTANCE.—A com-
munity development lender that receives assistance under
section 1514 (or established by an eligible entity that re-
ceives such assistance) may not provide amounts to any
person from assistance received under such section in the
form of a grant or nonrepayable advance or on any other
nonrepayable basis, during the assistance agreement term
established by the assistance agreement for the lender
under section 1517.
(b) LOW-INCOME FAMILY REQUIREMENTS.—
(1) REQUIREMENT.—In each calendar year dur-
ing the applicable assistance agreement term, a com-
munity development lender that receives assistance
under section 1514 (or established by an eligible en-
tity that receives such assistance) shall make loans
under section 1513(b) benefiting low-income fami-
lies—
(A) in a number that is not less than 50
percent of the total number of loans made by
the lender during such year; and
(B) in an amount such that the sum of the
principal amounts of such loans is not less than
50 percent of the sum of the principal amounts
of all loans made by the lender during such
year.
(2) DETERMINATION OF BENEFIT.—
(A) DIRECT
BENEFIT.—A loan shall be
considered to benefit a low-income family for
purposes of paragraph (1) if the loan—
(i) is made to such a family;
(ii) is made for an activity that is car-
ried out in a low-income neighborhood and
for providing services for such families;
(iii) is made for providing facilities de-
signed for the use predominantly by such
families; or
(iv) is made for an activity that in-
volves employment of persons, a majority
of whom are members of such families.
(B) ACTIVITIES OF GENERAL BENEFIT.—
In any case in which an activity assisted with
a loan is designed to serve an area generally
and is clearly designed to meet identified needs
of low-income families in such area, such loan
or activity shall be considered to benefit low-in-
come families for purposes of paragraph (1) to
the extent that the area is a low-income neigh-
borhood.
(C) HOUSING.—A loan for the acquisition,
construction, or rehabilitation of property to
provide housing shall be considered to benefit
low-income families for purposes of paragraph
(1) only to the extent that such housing, upon
completion, is occupied by low-income families.
(c) 
LOW-INCOME
NEIGHBORHOOD
REQUIRE-
MENTS.—In each calendar year during the applicable as-
sistance agreement term, a community development lender
that receives assistance under section 1514 (or established
by an eligible entity that receives such assistance) shall
make loans under section 1513(b) for facilities or activities
that serve the low-income neighborhood served by the
lender—
(1) in a number that is not less than 50 percent
of the total number of loans made by the lender dur-
ing such year; and
(2) in an amount such that the sum of the prin-
cipal amounts of such loans is not less than 50 per-
cent of the sum of the principal amounts of all loans
made by the lender during such year.
(d) EMPLOYMENT PLAN.—During the applicable as-
sistance agreement term, a community development lender
that receives assistance under section 1514 (or established
by an eligible entity that receives such assistance) shall
establish and comply with a written employment plan
under this subsection. The Secretary shall, by regulation,
require that each employment plan under this subsection
set forth a policy for hiring employees of the community
development lender that—
(1) furthers the purposes of this subtitle by
providing employment opportunities in the neighbor-
hood served by the community development lender
for residents of the neighborhood; and
(2) gives preference in hiring to—
(A) individuals who are members of low-in-
come families residing in the neighborhood
served by the community development lender;
and
(B) individuals who were formerly em-
ployed in positions at any office or branch of a
depository institution, credit union, or other fi-
nancial institution that is or was located in the
neighborhood served by the community develop-
ment lender and who are not employed in such
positions because of the closing or reorganiza-
tion of the office, branch, or institution, or be-
cause of the elimination of such positions or
any decrease in compensation paid for such
positions.
(e) RESERVE REQUIREMENTS.—
(1) MAINTENANCE OF RESERVE.—During the
applicable assistance agreement term, a community
development lender that receives assistance under
section 1514 (or established by an eligible entity
that receives such assistance) shall maintain, at all
times, a reserve against losses on loans and any
other losses in the amount determined under para-
graph (2).
(2) ESTABLISHMENT OF REQUIREMENTS.—The
Secretary shall, by regulation, establish reserve
amounts to be maintained by community develop-
ment lenders taking into consideration the purposes
of such lenders, the nature of lending engaged in by
such lenders, the size and amount of business of
such lenders, the need for such lending in the com-
munities and low-income neighborhoods served by
such lenders, and any other factors the Secretary
considers appropriate.
(3) REPLENISHMENT.—If at any time during
the applicable assistance agreement term, the
amount reserved by a community development lender
under this subsection is less than the amount re-
quired to be reserved under the regulations issued
pursuant to paragraph (2), the Secretary may take
such actions as the Secretary may, by regulation,
provide that are consistent with the purposes of this
subtitle, 
including 
withholding 
any 
assistance
amounts to be provided to the lender under the
agreement under section 1517 but not yet disbursed
and requiring the lender to replenish the reserve by
regular contributions in the amounts determined by
the Secretary.
(f) STAFF.—During the applicable assistance agree-
ment term, a community development lender that receives
assistance under section 1514 (or established by an eligi-
ble entity that receives assistance under such section) shall
maintain personnel qualified and capable of conducting
the activities described under section 1513(b) and the
other activities of the lender relating to community devel-
opment, as the Secretary may require.
SEC. 1516. APPLICATION AND APPROVAL FOR ASSISTANCE.
(a) REQUIREMENT.—The Secretary may provide as-
sistance under section 1514 only to community develop-
ment lenders and eligible entities establishing community
development lenders that have submitted applications
under this section to the Secretary that have been ap-
proved under subsection (d).
(b) TIME AND MANNER.—The Secretary shall estab-
lish requirements regarding the submission of applications
under this section, which shall include requirements for
the time and manner of submission.
(c) CONTENTS.—An application under this section
shall contain the following information:
(1) COMMUNITY
DEVELOPMENT
LENDER.—A
description of—
(A) the existing community development fi-
nancial institution to be assisted; or
(B) in the case of an eligible entity submit-
ting the application for assistance, the commu-
nity development lender to be established by the
eligible entity, the existing relationship between
the eligible entity and the community develop-
ment lender to be established, and any continu-
ing relationship that will exist between the
eligible entity and the community development
lender.
(2) LOW-INCOME
NEIGHBORHOOD
SERVED.—
Identification and a description of the low-income
neighborhood in which the community development
lender is, or is to be, located and conduct its prin-
cipal operations and a description of the existing
availability of credit and credit-related services in
such neighborhood.
(3) TYPES OF BUSINESS.—A description of the
types of business engaged in, or to be engaged in,
by the community development lender and of the
need for such business in the neighborhood served
by the community development lender.
(4) BOARD OF DIRECTORS AND OPERATION.—
In the case of an application by an existing commu-
nity development lender, a description of the board
of directors of the community development lender
and the structure of the management and operations
of the community development lender.
(5) FINANCIAL EXPERTISE.—In the case of an
application by an existing community development
lender, a description of any lending or financial ex-
pertise or experience of the members of the board of
directors of the community development lender and
the managers or employees of the lender.
(6) FINANCIAL HISTORY.—In the case of an ap-
plication by an existing community development
lender, any financial information regarding the com-
munity development lender that the Secretary con-
siders necessary in determining whether to provide
assistance to the community development lender, in-
cluding information regarding any history of compli-
ance with the requirements of section 1515.
(7) REGULATION.—Identification of any Fed-
eral, State, and local laws, ordinances, and regula-
tions under which the financial operations of the
community development lender are, or are to be,
subject to the supervision, approval, regulation, or
insuring of any agency or other instrumentality of
the Federal Government or the State or local gov-
ernment and identification of the agency or instru-
mentality.
(8) NEW
COMMUNITY
DEVELOPMENT
LEND-
ERS.—In the case of an application by an eligible
entity for assistance for the establishment of a com-
munity development lender, any financial, organiza-
tional, or other information that the Secretary con-
siders necessary in determining whether to provide
such assistance.
(9) ASSISTANCE.—A description of the amount
of assistance for which the community development
lender or eligible entity is applying and a description
of the purposes for which such assistance will be
used.
(10) EMPLOYMENT
PLAN.—An employment
plan in accordance with the regulations issued under
section 1515(d).
(11) COMPLIANCE
WITH
REQUIREMENTS.—A
description of the actions to be taken by the commu-
nity development lender (or the eligible entity estab-
lishing the community development lender) to ensure
compliance with the requirements under section
1515.
(12) OTHER.—Any other information the Sec-
retary considers appropriate to carry out, and en-
sure compliance with, the provisions of this subtitle.
(d) REVIEW AND APPROVAL.—
(1) REVIEW.—The Secretary shall promptly re-
view each application submitted under this section.
(2) MINIMUM
STANDARDS
FOR
APPROVAL.—
The Secretary may approve an application under
this section for assistance only if the Secretary de-
termines, based on the information contained in an
application, that—
(A) the lender will operate in accordance
with the requirements of this chapter and in a
financially safe and sound manner; and
(B) the assistance is necessary and appro-
priate to facilitate the provision of credit and
credit-related services in the neighborhood
served by the lender to low-income families and
others not adequately served by traditional
lending institutions.
(3) SELECTION CRITERIA.—The Secretary shall
approve applications under this subsection based on
competitive selection criteria, which the Secretary
shall establish by regulation.
(4) 
NOTIFICATION.—The 
Secretary 
shall
promptly notify each applicant of the approval or
disapproval of the applicant’s application. In the
case of any disapproval, such notification shall in-
clude a statement of the reasons for the disapproval
and of the availability of technical assistance under
section 1519.
SEC. 1517. ASSISTANCE AGREEMENTS.
(a) REQUIREMENT.—The Secretary may not provide
assistance under section 1514 for an application for such
assistance approved under section 1516 unless the com-
munity development lender or eligible entity submitting
the application enters into a written agreement with the
Secretary under this section.
(b) CONTENTS.—An agreement under this section
shall provide the following:
(1) NEIGHBORHOOD SERVED.—A delineation of
the boundaries of the low-income neighborhood with-
in which the community development lender shall be
located and in which the lender shall conduct its
principal operations.
(2) COMPLIANCE WITH REQUIREMENTS.—That
the community development lender shall comply with
the requirements under section 1515.
(3) SAFE AND SOUND OPERATION.—That the
community development lender shall operate in a fi-
nancially safe and sound manner.
(4) BOOKS AND RECORDS.—That the commu-
nity development lender shall operate and maintain
books and records in accordance with the regulations
issued by the Secretary under section 1518 and will
provide the Secretary with access to such books and
records for purposes of determining the compliance
of the lender with the requirements of this subtitle
and the provisions of the agreement under this sec-
tion.
(5) PERFORMANCE
STANDARDS
AND
SANC-
TIONS.—Standards for the performance and finan-
cial operation of the community development lender
appropriate for the particular lender, including
standards relating to the lending volume, portfolio
performance, personnel development, service to the
neighborhood served by the lender, and sanctions for
failure to comply with such standards.
(6) REPORTS.—That the community develop-
ment lender (or the eligible entity establishing the
community development lender) shall submit reports
to the Secretary including such information, at such
times, and in such manner, as required by the Sec-
retary and provided in the agreement.
(7) ASSISTANCE.—The amount of assistance to
be provided to the community development lender
(or eligible entity establishing the community devel-
opment lender), the purposes under section 1514(b)
for which such assistance will be used, and the tim-
ing and terms of the disbursement of such assist-
ance.
(8) OTHER CONDITIONS.—That the community
development lender shall comply with any other writ-
ten conditions (which shall be contained in the
agreement) that the Secretary considers appropriate
to carry out the purposes of this subtitle.
(9) PERIOD OF COMPLIANCE.—The period dur-
ing which the community development lender shall
comply with the provisions of the agreement under
this section, which shall not be shorter than 12
months in duration.
(c) FEDERAL OR OTHER REGULATION OF LEND-
ER.—An agreement under this section may not be con-
strued to annul, alter, affect, or exempt the community
development lender receiving assistance pursuant to the
agreement (or established by the eligible entity receiving
such assistance) from complying with any Federal, State,
or local laws, ordinances, and regulations applicable to the
financial and other operations of community development
lender or with any orders or rulings of any agency or in-
strumentality of the Federal Government or the State or
local government responsible for the supervision, approval,
regulation, or insuring of the community development
lender.
SEC. 1518. BOOKS, RECORDS, AND AUDITS.
(a) BOOKS AND RECORDS.—During the applicable
assistance agreement term, a community development
lender that receives assistance under section 1514 (or es-
tablished by an eligible entity that receives such assist-
ance) shall maintain the books and records of the lender
in the manner that the Secretary shall, by regulation, re-
quire.
(b) EXAMINATIONS AND AUDITS.—
(1) RECERTIFICATION.—The Secretary shall,
not less than once each year during the applicable
assistance agreement term, conduct an examination
of the books, records, and financial accounts and
transactions of each community development lender
receiving assistance under section 1514 (or estab-
lished by an eligible entity receiving assistance under
such section) for the purpose of determining compli-
ance of the lender with this subtitle and the provi-
sions of the agreement.
(2) OTHER.—During the applicable assistance
agreement term, the Secretary may conduct any
other examinations and audits of such a community
development lender and its accounts and trans-
actions that the Secretary considers appropriate to
determine the condition of the lender and compliance
with the provisions of the assistance agreement.
SEC. 1519. TECHNICAL ASSISTANCE FOR ORGANIZING AND
OPERATING 
COMMUNITY 
DEVELOPMENT
LENDERS.
(a) ASSISTANCE TO ESTABLISH COMMUNITY DEVEL-
OPMENT LENDERS.—The Secretary shall carry out a pro-
gram under this subsection to provide technical assistance
in establishing community development financial institu-
tions, which shall include—
(1) education and training regarding manage-
ment and operation of the lenders, including design-
ing and utilizing lending practices to target credit to
low-income families and neighborhoods, complying
with financial and accounting standards under the
agreement for the lender under section 1517, and
implementing effective asset management and fund
development techniques;
(2) collecting and disseminating information
from various community development lenders re-
garding successful management and operation tech-
niques, lending practices, and lending activities; and
(3) training personnel of lenders to meet re-
quirements under section 1515(f).
(c) PROVISION OF ASSISTANCE.—The Secretary may
provide technical assistance under this section directly or
through public or private organizations pursuant to con-
tracts with such organizations or grants to such organiza-
tions.
(d) ADMINISTRATION.—The Secretary may provide
for making technical assistance under this section avail-
able to community development lenders and eligible enti-
ties that receive assistance under section 1514 pursuant
to a request for such assistance in an application under
section 1516, approval of the application, and the inclu-
sion of terms in the assistance agreement under section
1517 providing for such assistance.
SEC. 1520. RELATIONSHIP TO COMMUNITY REINVESTMENT
ACT OF 1977.
Section 807(b) of the Community Reinvestment Act
of 1977 (12 U.S.C. 2906(b)) is amended by adding at the
end the following new paragraph:
‘‘(3) COORDINATION WITH COMMUNITY BANK-
ING AND ECONOMIC EMPOWERMENT ACT.—No regu-
lated financial institution may receive a rating of
‘outstanding record of meeting community credit
needs’ or ‘satisfactory record of meeting community
credit needs’ solely on the basis of loans to or invest-
ments in community development lenders.’’.
SEC. 1521. REPORTS TO CONGRESS.
The Secretary shall submit a report to the Congress
not later than July 1 of each year in which the Secretary
provides assistance under section 1514 to community de-
velopment lenders or eligible entities, which shall de-
scribe—
(1) the assistance provided under such section,
the purposes for which such assistance will be used,
the neighborhoods to be served by the community
development lenders assisted, and the activities of
community development lenders assisted; and
(2) any technical assistance provided under sec-
tion 1519 by the Secretary.
SEC. 1522. REGULATIONS.
The Secretary of Housing and Urban Development,
jointly with the Secretary of the Treasury, shall issue any
regulations necessary to carry out this subtitle.
SEC. 1523. DEFINITIONS.
For purposes of this chapter:
(1) The term ‘‘assistance agreement’’ means an
agreement under section 1517 between the Secretary
and a community development lender or eligible en-
tity receiving assistance under section 1514.
(2) The term ‘‘assistance agreement term’’
means the period established by an assistance agree-
ment during which the community development lend-
er that receives assistance under section 1514 pursu-
ant to the agreement (or established by the eligible
entity that receives such assistance) shall comply
with the provision of the agreement.
(3) The term ‘‘community development finan-
cial institution’’ means a financial institution de-
scribed in section 1513(a)(1) that meets the require-
ments under subsections (b) and (c) of section 1513.
(4) The term ‘‘community development lender’’
means a community development financial institu-
tion that meets the requirements under subsections
(b) and (c) of section 1513.
(5) The term ‘‘eligible entity’’ means any entity
described in section 1513(a)(2).
(6) The term ‘‘low-income family’’ means any
individual or family whose income does not exceed
80 percent of the median income for the area, as de-
termined by the Secretary with adjustments for
smaller and larger families; except that the Sec-
retary may establish income ceilings higher or lower
than 80 percent of the median for the area on the
basis of any findings by the Secretary that such
variations are necessary because of unusually high
or low prevailing incomes.
(7) The term ‘‘low-income neighborhood’’
means any area within a city, county, town, town-
ship, parish, village, or other general purpose sub-
division of a State—
(A) that has a continuous boundary; and
(B) in which not less than 20 percent of
the residents are members of low-income fami-
lies.
(8) The term ‘‘low-income neighborhood served
by a community development lender’’ means the low-
income neighborhood identified in an application
under section 1516 and an assistance agreement
under section 1517 as the area in which the commu-
nity development lender that receives assistance pur-
suant to such application and agreement (or estab-
lished by the eligible entity that receives such assist-
ance) will be located and conduct its principal oper-
ations.
(9) The term ‘‘Secretary’’ means the Secretary
of Housing and Urban Development.
SEC. 1524. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for each of
fiscal years 1995 and 1996—
(1) $800,000,000 for assistance under section
1514; and
(2) $200,000,000 for providing technical assist-
ance under section 1519.
Subtitle G—Education
Infrastructure
SEC. 1601. SHORT TITLE.
This subtitle may be cited as the ‘‘Education Infra-
structure Act of 1994’’.
SEC. 1602. FINDINGS.
The Congress finds that—
(1) improving the quality of public elementary
and secondary school libraries, media centers, and
facilities will help our Nation meet the National
Education Goals;
(2) Federal, State, and local funding for the re-
pair, renovation, alteration and construction of pub-
lic elementary and secondary school libraries, media
centers, and facilities has not adequately reflected
need; and
(3) the challenges facing our Nation’s public el-
ementary and secondary schools require the con-
certed and collaborative efforts of all levels of gov-
ernment and all sectors of the community.
SEC. 1603. PURPOSE.
It is the purpose of this subtitle to help our Nation
meet the National Education Goals through the repair,
renovation, alteration and construction of public elemen-
tary and secondary school libraries, media centers, and fa-
cilities, used for academic or vocational instruction.
SEC. 1604. DEFINITIONS.
For purposes of this subtitle—
(1) the term ‘‘alteration’’ refers to any change
to an existing property for use for a different pur-
pose or function;
(2) the term ‘‘construction’’ refers to the erec-
tion of a building, structure, or facility, including the
concurrent installation of equipment, site prepara-
tion, associated roads, parking, and utilities, which
provides area or cubage not previously available, in-
cluding—
(A) freestanding structures, additional
wings, 
or 
floors, 
enclosed 
courtyards 
or
entryways, and any other means to provide usa-
ble program space that did not previously exist;
and
(B) the complete replacement of an exist-
ing facility;
(3) the term ‘‘eligible local educational agency’’
means a local educational agency, as such term is
defined in section 1471 of the Elementary and Sec-
ondary Education Act of 1965, which demonstrates
in the application submitted under section 1607 that
such agency—
(A) has urgent repair, renovation, alter-
ation and construction needs for its public ele-
mentary or secondary school libraries, media
centers, and facilities, used for academic or vo-
cational instruction; and
(B) serves large numbers or percentages of
disadvantaged students;
(4) the term ‘‘renovation’’ refers to any change
to an existing property to allow its more efficient use
within such property’s designated purpose;
(5) the term ‘‘repair’’ refers to the restoration
of a failed or failing real property facility, compo-
nent, or a building system to such a condition that
such facility, component, or system may be used ef-
fectively for its designated purpose, if, due to the na-
ture or extent of the deterioration or damage to such
facility, component, or system, such deterioration or
damage cannot be corrected through normal mainte-
nance; and
(6) the term ‘‘Secretary’’, unless otherwise
specified, means the Secretary of Education.
SEC. 1605. IMPROVEMENT OF PUBLIC ELEMENTARY AND
SECONDARY EDUCATION FACILITIES PRO-
GRAM AUTHORIZED.
(a) PROGRAM AUTHORITY.—From amounts appro-
priated pursuant to the authority of subsection (b) in any
fiscal year, the Secretary shall award grants to eligible
local educational agencies having applications approved
under section 1606 to carry out the authorized activities
described in section 1607.
(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are to be appropriated $3,000,000,000 for fiscal year
1995, and such sums as may be necessary for each of the
fiscal years 1996 through 2004, to carry out this subtitle.
SEC. 1606. APPLICATIONS.
(a) CONTENTS REQUIRED.—Each eligible local edu-
cational agency desiring to receive a grant under this sub-
title shall submit an application to the Secretary. Each
such application shall—
(1) contain an assurance that such application
was developed in consultation with parents and
classroom teachers; and
(2) include—
(A) a description of each architectural,
civil, structural, mechanical, electrical, or tele-
phone line, deficiency to be corrected with funds
provided under this subtitle, including the prior-
ity for the repair of the deficiency;
(B) a description of the corrective action to
be supported with funds provided under this
subtitle;
(C) a cost estimate of the proposed correc-
tive action;
(D) an identification of the total amount
and percentage of such agency’s budget used in
the preceding fiscal year for the maintenance,
repair, renovation, alteration, and construction
of public elementary and secondary school li-
braries, media centers, and facilities;
(E) a description of how such agency plans
to maintain the repair, renovation, alteration,
or construction supported with funds provided
under this subtitle;
(F) a description of the extent to which the
repair, renovation, alteration, or construction
will help the Secretary meet the goals described
in section 1609(1)(A); and
(G) such other information as the Sec-
retary may reasonably require.
(b) PRIORITIES IN SELECTION OF APPLICATIONS.—
In selecting applications for the award of grant funds
under this subtitle, the Secretary shall give priority to
local educational agencies that—
(1) are seeking funds for the repair, renovation,
alteration, or construction of facilities that are the
oldest for which funds are sought under this sub-
title;
(2) have the highest number of facilities with
health and safety hazards from one or more of the
following sources: asbestos, lead, radon, plumbing,
electrical wiring; and
(3) serve areas with high rates of unemploy-
ment.
SEC. 1607. AUTHORIZED ACTIVITIES.
Each eligible local educational agency receiving a
grant under this subtitle shall use such grant funds to help
our Nation meet the National Education Goals through
the repair, renovation, alteration, and construction of a
public elementary or secondary school library, media cen-
ter, or facility, used for academic or vocational instruction,
including—
(1) inspection of such library, center, or facility;
(2) repairing such library, center, or facility
that poses a health or safety risk to students;
(3) upgrading of and alteration to such library,
center, or facility in order to accommodate new in-
structional technology;
(4) meeting the requirements of section 504 of
the Rehabilitation Act of 1973 and the Americans
with Disabilities Act of 1990;
(5) removal or containment of severely hazard-
ous material such as asbestos, lead, and radon using
a cost-effective method;
(6) installation or upgrading of school security
and communications systems;
(7) energy conservation;
(8) meeting Federal, State, or local codes relat-
ed to fire, air, light, noise, waste disposal, building
height, or other codes passed since the initial con-
struction of such library, center, or facility; and
(9) replacing an old library, center, or facility
that is most cost-effectively torn down rather than
renovated.
SEC. 1608. REQUIREMENTS.
(a) SPECIAL RULES.—
(1) MAINTENANCE
OF
EFFORT.—An eligible
local educational agency may receive a grant under
this subtitle for any fiscal year only if the Secretary
finds that either the combined fiscal effort per stu-
dent or the aggregate expenditures of that agency
and the State with respect to the provision of free
public education by such local educational agency for
the preceding fiscal year was not less than 90 per-
cent of such combined fiscal effort or aggregate ex-
penditures for the fiscal year for which the deter-
mination is made.
(2) SUPPLEMENT NOT SUPPLANT.—An eligible
local educational agency shall use funds received
under this subtitle only to supplement the amount of
funds that would, in the absence of such Federal
funds, be made available from non-Federal sources
for the repair and construction of school facilities
used for educational purposes, and not to supplant
such funds.
(b) GENERAL LIMITATIONS.—
(1) REAL PROPERTY.—No part of any grant
funds under this subtitle shall be used for the acqui-
sition of any interest in real property.
(2) MAINTENANCE.—Nothing in this subtitle
shall be construed to authorize the payment of main-
tenance costs in connection with any projects con-
structed in whole or in part with Federal funds pro-
vided under this subtitle.
(3) 
ENVIRONMENTAL
SAFEGUARDS.—All
projects carried out with Federal funds provided
under this subtitle shall comply with all relevant
Federal, State, and local environmental laws and
regulations.
(4) APPLICABILITY OF LAWS REGARDING INDI-
VIDUALS
WITH
DISABILITIES.—Sections 504 and
505 of the Rehabilitation Act of 1973 and the Amer-
icans with Disabilities Act of 1990 shall apply to
projects carried out with Federal funds provided
under this subtitle.
SEC. 1609. CONTRACTS.
If a project assisted under this subtitle will be carried
out pursuant to a contract, the following limitations shall
apply:
(1) MINORITY PARTICIPATION.—The Secretary
shall establish—
(A) goals for the participation of small
business concerns as contractors or subcontrac-
tors that meet or exceed the governmentwide
goals established pursuant to section 15(g)(1)
of 
the 
Small 
Business 
Act 
(15 
U.S.C.
644(g)(1)) for the participation of such con-
cerns in contracts supported with funds under
this subtitle (and subcontracts under such con-
tracts); and
(B) an evaluation process for such partici-
pation that gives significant weight to the goals
described in subparagraph (A).
(2) DAVIS-BACON.—All laborers and mechanics
employed by contractors or subcontractors in the
performance of any contract and subcontract for the
repair, renovation, alteration, or construction, in-
cluding painting and decorating, of any building or
work that is financed in whole or in part by a grant
under this subtitle, shall be paid wages not less than
those determined by the Secretary of Labor in ac-
cordance 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 of Labor shall
have the authority and functions set forth in reorga-
nization plan of No. 14 of 1950 (15 FR 3176; 64
Stat. 1267) and section 2 of the Act of June 1,
1934 (commonly known as the Copeland Anti-Kick-
back Act) as amended (40 U.S.C. 276c, 48 Stat.
948).
SEC. 1610. TECHNICAL ASSISTANCE.
The comprehensive regional centers established under
section 2203 of the Elementary and Secondary Education
Act of 1965 may provide assistance in the repair, renova-
tion, alteration, and construction of public elementary or
secondary school libraries, media centers, or facilities to
eligible local educational agencies receiving assistance
under this subtitle.
SEC. 1611. FEDERAL ASSESSMENT.
The Secretary shall reserve not more than 1 percent
of funds appropriated pursuant to the authority of section
1605(b)—
(1) to collect such data as the Secretary deter-
mines necessary at the school, local, and State levels;
and
(2) to conduct studies and evaluations, includ-
ing national studies and evaluations, in order to—
(A) monitor the progress of projects sup-
ported with funds provided under this subtitle;
and
(B) evaluate the state of American public
elementary and secondary school libraries,
media centers, and facilities; and
(3) to report to the Congress by July 1, 1997,
regarding the findings of the studies and evaluations
described in paragraph (2).
Subtitle H—Renewable Energy and
Energy Efficiency
SEC. 1701. RENEWABLE ENERGY.
In addition to any amounts otherwise authorized to
be appropriated, there are authorized to be appropriated
to the Secretary of Energy $250,000,000 for fiscal year
1995 and $250,000,000 for fiscal year 1996 for renewable
energy research, development, and demonstration pro-
grams described in section 4(c) of the Renewable Energy
and Efficiency Technology Competitiveness Act of 1989
(42 U.S.C. 12003(c)).
SEC. 1702. ENERGY EFFICIENCY.
(a) FEDERAL ENERGY EFFICIENCY FUND.—Section
546(b)(4) of the National Energy Conservation Policy Act
(42 
U.S.C. 
8256(b)(4)) 
is 
amended 
by 
striking
‘‘$50,000,000 for fiscal year 1995’’ and inserting in lieu
thereof ‘‘$200,000,000 for fiscal year 1995, $125,000,000
for fiscal year 1996’’.
(b) NEW
TECHNOLOGY
DEMONSTRATION
PRO-
GRAM.—Section 549(f) of the National Energy Conserva-
tion Policy Act (42 U.S.C. 8258a(f)) is amended by strik-
ing ‘‘, 1994, and 1995’’ and inserting in lieu thereof ‘‘and
1994, 
$300,000,000 
for 
fiscal 
year 
1995, 
and
$375,000,000 for fiscal year 1996’’.
TITLE II—HUMAN CAPITAL
INVESTMENT
Subtitle A—Job Training
SEC. 2001. HUMAN CAPITAL INVESTMENTS IN JOB TRAIN-
ING.
(a) ESTABLISHMENT OF ALLIED HEALTH PROFES-
SIONAL JOB TRAINING PROGRAM UNDER THE JOB TRAIN-
ING PARTNERSHIP ACT.—
(1) IN GENERAL.—Part D of title IV of the Job
Training Partnership Act (29 U.S.C. 1731 et seq.)
is amended by adding at the end the following new
section:
‘‘SEC. 457. ALLIED HEALTH PROFESSIONAL JOB TRAINING
PROGRAM.
‘‘(a) AUTHORIZATION.—The Secretary shall provide
grants to institutions of higher education to establish pro-
grams to provide job training assistance to at-risk youths
and long-term welfare recipients to enable such youths and
recipients to become allied health professionals.
‘‘(b) APPLICATION.—The Secretary may provide a
grant to an institution of higher education under sub-
section (a) only if such institution submits to the Sec-
retary an application which contains such information as
the Secretary may reasonably require.
‘‘(c) USE OF AMOUNTS.—An institution of higher
education shall use amounts received from a grant under
subsection (a) to establish a program to provide job train-
ing assistance to at-risk youths and long-term welfare re-
cipients to enable such youths and recipients to become
allied health professionals. In carrying out such program,
the institution of higher education shall meet the following
requirements:
‘‘(1) The institution will consult with represent-
atives from labor unions in carrying out the program
and will allow such representatives to assist such in-
stitution in the recruitment and orientation of indi-
viduals for the program.
‘‘(2) The institution will disseminate informa-
tion relating to the program in areas of substantial
unemployment where the need for increased access
to health care services is the greatest.
‘‘(3) In accepting individuals into the program,
the institution will give priority to individuals from
underrepresented populations.
‘‘(4) To the extent practicable, the training of
an individual in the program will not exceed 2 years.
‘‘(5) To the extent practicable, the institution
will provide individuals in the program with services
leading to guaranteed job placement in the allied
health profession.
‘‘(d) DEFINITIONS.—For purposes of this section, the
following definitions apply:
‘‘(1) ALLIED
HEALTH
PROFESSIONALS.—The
term ‘allied health professionals’ has the meaning
given such term in section 799(5) of the Public
Health Service Act (42 U.S.C. 295p(5)).
‘‘(2) FAMILY ADJUSTED INCOME.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (C), the term ‘family adjusted in-
come’ means, with respect to a family, the sum
of the adjusted incomes (as defined in subpara-
graph (B)) for all members of the family.
‘‘(B) ADJUSTED
INCOME.—In subpara-
graph (A), the term ‘adjusted income’ means,
with respect to an individual, adjusted gross in-
come (as defined in section 62(a) of the Inter-
nal Revenue Code of 1986)—
‘‘(i) determined without regard to sec-
tions 135, 162(l), 911, 931, and 933 of
such Code, and
‘‘(ii) increased by the amount of inter-
est received or accrued by the individual
which is exempt from tax.
‘‘(C) PRESENCE OF ADDITIONAL DEPEND-
ENTS.—At the option of an individual, a family
may include (and not be required to separate
out) the income of other individuals who are
claimed as dependents of the family for income
tax purposes, but such individuals shall not be
counted as part of the family for purposes of
determining the size of the family.
‘‘(3) INSTITUTION OF HIGHER EDUCATION.—
The term ‘institution of higher education’ means an
institution of higher education (as such term is de-
fined in section 481 of the Higher Education Act of
1965 (20 U.S.C. 1088)) which—
‘‘(A) continues to meet the eligibility and
certification requirements under title IV of such
Act (20 U.S.C. 1070 et seq.); and
‘‘(B) has the capacity to train individuals
to become allied health professionals, as deter-
mined by the Secretary.
‘‘(4) LONG-TERM
WELFARE
RECIPIENT
DE-
FINED.—The term ‘long-term welfare recipient’
means an individual who, in accordance with rules
established by the Secretary, is identified as—
‘‘(A) having been substantially unemployed
over a consecutive period of at least 2 years im-
mediately preceding the date of application for
the program;
‘‘(B) having, during such period, been re-
ceiving (or a member of a household that has
been receiving) benefits under one or more Fed-
eral or State welfare programs identified under
such rules, including the AFDC program, the
SSI program, and medicaid; and
‘‘(C) having family adjusted income that
does not exceed 200 percent of the applicable
poverty level for the class of enrollment in-
volved.
‘‘(5) 
UNDERREPRESENTED
POPULATIONS.—
The term ‘underrepresented populations’ includes
minorities, the poor, and persons with limited Eng-
lish proficiency.’’.
(2) AUTHORIZATION
OF
APPROPRIATIONS.—
Section 3(c) of such Act (29 U.S.C. 1502(c)) is
amended—
(A) in paragraph (1), by striking ‘‘There
are authorized’’ and inserting ‘‘Except as pro-
vided in paragraph (6), there are authorized’’;
and
(B) by adding at the end the following new
paragraph:
‘‘(6) In addition to amounts authorized to be appro-
priated under paragraph (1), there are authorized to be
appropriated to carry out section 457 $2,000,000,000 for
each of the fiscal years 1995 and 1996 and such sums
as may be necessary for fiscal year 1997.’’.
(3) CONFORMING AMENDMENT.—The table of
contents of such Act is amended by inserting after
the item relating to section 456 the following new
item:
‘‘Sec. 457. Allied health professional job training program.’’.
(4) EFFECTIVE DATE.—The amendments made
by this subsection shall take effect on October 1,
1994, or the date of the enactment of this Act,
whichever occurs later.
(b) INCREASE IN AUTHORIZATION OF APPROPRIA-
TIONS FOR CERTAIN YOUTH JOB TRAINING PROGRAMS.—
(1) YOUTH FAIR CHANCE PROGRAM.—Section
3(c)(3) of the Job Training Partnership Act (29
U.S.C. 
1502(c)(3)) 
is 
amended 
by 
striking
‘‘$100,000,000’’ and all that follows through
‘‘1997’’ and inserting ‘‘$700,000,000 for each of the
fiscal years 1995 and 1996 and such sums as may
be necessary for fiscal year 1997’’.
(2) YOUTHBILD PROGRAM.—Section 402 of the
Homeownership and Opportunity Through HOPE
Act (42 U.S.C. 12870) is amended—
(1) by redesignating subsection (c) as sub-
section (d); and
(2) by inserting after subsection (b) the follow-
ing new subsection:
‘‘(c) YOUTHBILD PROGRAM.—
‘‘(1) IN GENERAL.—There are authorized to be
appropriated for activities authorized under subtitle
D $400,000,000 for each of the fiscal years 1995
and 1996 and such sums as may be necessary for
fiscal year 1997.
‘‘(2) 
AVAILABILITY.—Amounts 
appropriated
pursuant to the authorization of appropriations
under paragraph (1) are authorized to remain avail-
able until expended.’’.
Subtitle B—Education
SEC. 2101. EDUCATIONAL PERSONNEL.
(a) ADULT EDUCATION.—Section 313 of the Adult
Education Act is amended by striking ‘‘1995’’ and insert-
ing ‘‘and $760,000,000 for each of the fiscal years 1995
and 1996’’.
(b) ELEMENTARY AND SECONDARY EDUCATION.—
Section 1502 of the Elementary and Secondary Education
Act is amended—
(1) by striking ‘‘and’’; and
(2) by inserting ‘‘$2,456,000,000 for each of
the fiscal years 1995 and 1996,’’ after ‘‘1993,’’.
Subtitle C—Head Start
SEC. 2201. AMENDMENTS TO THE HEAD START ACT.
Section 629(a) of the Head Start Act (42 U.S.C.
9834(a)) is amended—
(1) by striking ‘‘1993, and’’ and inserting
‘‘1993,’’, and
(2) by inserting ‘‘, $11,660,000 for fiscal year
1995, and $15,660,000 for fiscal year 1996’’ before
the period at the end.
Subtitle D—Programs Under
Public Health Service Act
CHAPTER 1—FUNDING INITIATIVE FOR
PROGRAMS 
PROVIDING 
HEALTH
SERVICES
SEC. 2301. FUNDING INITIATIVE.
(a) COMMUNITY HEALTH CENTERS.—In addition to
any other authorizations of appropriations that are avail-
able for the purpose of carrying out section 330 of the
Public Health Service Act, there are authorized to be ap-
propriated for such purpose $200,000,000 for fiscal year
1995.
(b) MIGRANT HEALTH CENTERS.—In addition to any
other authorizations of appropriations that are available
for the purpose of carrying out section 329 of the Public
Health Service Act, there are authorized to be appro-
priated for such purpose $100,000,000 for fiscal year
1995.
(c) HEALTH CARE FOR THE HOMELESS.—In addi-
tion to any other authorizations of appropriations that are
available for the purpose of carrying out section 340 of
the Public Health Service Act, there are authorized to be
appropriated for such purpose $100,000,000 for fiscal
year 1995.
(d) PREVENTIVE
SERVICES
REGARDING
TUBER-
CULOSIS.—In addition to any other authorizations of ap-
propriations that are available for the purpose of carrying
out section 317E of the Public Health Service Act (as
added by section 301 of Public Law 103–183; 107 Stat.
2233), there are authorized to be appropriated for such
purpose $150,000,000 for fiscal year 1995.
(e) PREVENTIVE SERVICES REGARDING BREAST AND
CERVICAL CANCER.—In addition to any other authoriza-
tions of appropriations that are available for the purpose
of carrying out the program under section 1501 of the
Public Health Service Act, there are authorized to be ap-
propriated for such purpose $120,000,000 for fiscal year
1995.
(f) PREVENTIVE SERVICES REGARDING LEAD EXPO-
SURE.—In addition to any other authorizations of appro-
priations that are available for the purpose of carrying out
section 317A of the Public Health Service Act, there are
authorized 
to 
be 
appropriated 
for 
such 
purpose
$16,000,000 for fiscal year 1995.
(g) PREVENTIVE SERVICES REGARDING HIV DIS-
EASE.—In addition to any other authorizations of appro-
priations that are available for the purpose of carrying out
under the Public Health Service Act programs to prevent
infection with the human immunodeficiency virus, there
are authorized to be appropriated for such purpose
$40,000,000 for fiscal year 1995.
(h) IMMUNIZATION PROGRAM.—In addition to any
other authorizations of appropriations that are available
for the purpose of carrying out the immunization program
under section 317(j) of the Public Health Service Act,
there are authorized to be appropriated for such purpose
$200,000,000 for fiscal year 1995.
(i) CANCER REGISTRIES.—In addition to any other
authorizations of appropriations that are available for the
purpose of carrying out the program for cancer registries
under section 399H of the Public Health Service Act,
there are authorized to be appropriated for such purpose
$13,000,000 for fiscal year 1995.
(j) PREVENTIVE SERVICES REGARDING PROSTATE
CANCER.—In addition to any other authorizations of ap-
propriations that are available for the purpose of carrying
out section 317D of the Public Health Service Act, there
are authorized to be appropriated for such purpose
$4,000,000 for fiscal year 1995.
(k) 
COMPREHENSIVE
SCHOOL
HEALTH
EDU-
CATION.—In addition to any other authorizations of ap-
propriations that are available for the purpose of carrying
out under the Public Health Service Act a program to pro-
vide comprehensive health education to school children,
there are authorized to be appropriated for such purpose
$40,000,000 for fiscal year 1995.
(l) PREVENTION
AND
CONTROL
OF
SEXUALLY
TRANSMITTED DISEASES.—In addition to any other au-
thorizations of appropriations that are available for the
purpose of carrying out section 318 of the Public Health
Service Act, there are authorized to be appropriated for
such purpose $10,000,000 for fiscal year 1995.
(m) PREVENTION AND CONTROL OF DIABETES.—In
addition to any other authorizations of appropriations that
are available for the purpose of carrying out under the
Public Health Service Act a program for the prevention
and control of diabetes, there are authorized to be appro-
priated for such purpose $20,000,000 for fiscal year 1995.
(n) CHILD DAY CARE HEALTH AND SAFETY.—In ad-
dition to any other authorizations of appropriations that
are available for the purpose of carrying out under the
Public Health Service Act a program for child day care
health and safety, there are authorized to be appropriated
for such purpose $5,000,000 for fiscal year 1995.
(o) PREVENTION AND CONTROL OF INJURIES.—In
addition to any other authorizations of appropriations that
are available for the purpose of carrying out part J of
title III of the Public Health Service Act, there are author-
ized to be appropriated for such purpose $5,000,000 for
fiscal year 1995.
(p) ASTHMA.—In addition to any other authoriza-
tions of appropriations that are available for the purpose
of carrying out under the Public Health Service Act a pro-
gram regarding asthma, there are authorized to be appro-
priated for such purpose $5,000,000 for fiscal year 1995.
(q) ENVIRONMENTAL HEALTH.—
(1) URGENT THREAT TO PUBLIC HEALTH.—In
addition to any other authorizations of appropria-
tions that are available for the purpose of carrying
out under the Public Health Service Act a program
to respond to urgent environmental threats to the
public health, there are authorized to be appro-
priated for such purpose $32,000,000 for fiscal year
1995.
(2) ACTIVITIES
REGARDING
BORDER
WITH
MEXICO.—In addition to any other authorizations of
appropriations that are available for the purpose of
carrying out under the Public Health Service Act a
program to provide environmental services regarding
the health of individuals in the United States in the
vicinity of the international border with Mexico,
there are authorized to be appropriated for such
purpose $10,000,000 for fiscal year 1995.
117
‘‘(iii) Holding and use by the decedent
for more than 182 days in a calendar year
shall be treated as holding and use by the
decedent throughout the calendar year.
‘‘(iv) Holding and use by the spouse
of the decedent shall be treated as holding
and use by the decedent.
‘‘(3) DECEDENT’S
BASIS
UNKNOWN.—If the
facts necessary to determine the basis (unadjusted)
of carryover basis property immediately before the
death of the decedent are unknown and cannot rea-
sonably be ascertained, such basis shall be treated as
being the fair market value of such property as of
the date (or approximate date) at which such prop-
erty was acquired by the decedent or by the last pre-
ceding owner in whose hands it did not have a basis
determined in whole or in part by reference to its
basis in the hands of a prior holder.
‘‘(4) PERSONAL AND HOUSEHOLD EFFECTS.—
‘‘(A) LOSS.—In the case of any carryover
basis property which, in the hands of the dece-
dent, was a personal or household effect, for
purposes of determining loss the basis of such
property in the hands of the person acquiring