(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
such determination is available);
(B) multiple 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.
(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 allotted for any
fiscal year shall be available for expenditure by the recipi-
ent during a period of one year from the date of payment
to the recipient. No part of any allotment shall be revoked
or canceled as long as the funds so allotted are expended
by the recipient within such one-year period. if any such
funds are not so expended, the Secretary shall reallot an
amount equal to such unexpended funds among other eli-
gible recipients in accordance with this Act.
(i) 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,
geographical region, and proficiency of the partici-
pant.
(2) HEALTH, SAFETY, AND DISABILITY REGU-
LATION.—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, 1993, shall apply to par-
ticipants 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 the 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
reduction in the hours of nonovertime work, wages,
or employment benefits).
(2) IMPAIRMENT OF CONTRACTS AND AGREE-
MENTS PROHIBITED.—No program shall impair ex-
isting contracts for services or collective bargaining
agreements, except that no program under this Act
which would be inconsistent with the terms of a col-
lective bargaining agreement shall be undertaken
without the written concurrence of the labor organi-
zation and employer concerned.
(3) FILLING OF LAID-OFF-POSITIONS PROHIB-
ITED.—(A) No participant whose wages are sub-
sidized under this Act shall be employed or job open-
ing filled when any other individual is on layoff from
the same or any substantially equivalent job with the
project contractor or recipient of funds under this
Act.
(B) No participant whose wages are subsidized
under this Act shall be employed or a job opening
filled when, after the enactment of this Act, the em-
ployer terminates the employment of any regular
unsubsidized employee in the same or any substan-
tially equivalent job or otherwise reduces the number
of regular unsubsidized employees in such jobs.
(4) PROMOTIONAL
INFRINGEMENT
PROHIB-
ITED.—No jobs shall be created in a promotional
line that will infringe in any way upon the pro-
motional opportunities of currently employed individ-
uals.
(c) COMPLIANCE REPORT.—
(1) SUBMISSION TO LABOR ORGANIZATIONS.—
Each quarterly report submitted pursuant to sec-
tions 212(c), 231(e), 243(c) or 253(c) shall be trans-
mitted by the recipient to any labor organization
representing government or private 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
(B) the number of employees subsidized
under this Act in such department during each
quarter.
(3) 
ANALYSIS
OF
JOB
REDUCTIONS
RE-
QUIRED.—If, for two succeeding calendar quarters,
there have been an average decline of 5 percent or
more in the number of such unsubsidized employees
in any such department as compared to such num-
ber for the quarter described in paragraph 2(A)(ii),
such report shall include a statement identifying the
jobs which have been reduced and setting forth any
reasons that such reduction does not result from a
failure 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 agency employing sub-
sidized employees under this Act submits to the Sec-
retary a complaint alleging that section 301 or sub-
section (a) or (b) of this section has been violated,
a copy of such complaint shall be transmitted at the
same time to such government agency to review such
complaint and to submit a reply to the Secretary
within 15 days after receiving a copy of such com-
plaint.
(2) INVESTIGATION OF COMPLAINT.—An offi-
cial, who shall be designated by the Secretary, shall
review any report required to include a statement
specified in subsection (c)(3), or any complaint sub-
mitted in accordance with paragraph (1), to ascer-
tain the accuracy of the information set forth or al-
leged and to determine whether there is substantial
evidence that the affected activities fail to comply
with section 301 or subsection (a) or (b) of this sec-
tion.
(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 the Department of
Labor as to whether the report or complaint war-
rants investigation by the Office of the Inspector
General. After reviewing such recommendations, the
Inspector General shall undertake any investigations
(including an audit, if appropriate) deemed to be so
warranted.
(4) DETERMINATIONS.—A determination of
whether a violation of subsection (b) of this section
has occurred shall be made after considering legiti-
mate basis for layoffs or terminations of employees
not subsidized under this Act within the same de-
partment or budget function, such as a shortfall of
revenues compared with expenditures despite main-
tenance of local tax effort, or the requirement 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 subsections (a) and (b) of this section has
occurred, 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-
sections (a) or (b) of this section has occurred,
which shall constitute the final determination of the
Secretary for purposes of chapters 5 and 7 of title
5, United States Code.
(e) LABOR ORGANIZATION.—
(1) USE
FOR
ORGANIZING
OR
DETERRING
UNIONS
PROHIBITED.—Each recipient of funds
under this Act shall provide to the Secretary assur-
ances that none of such funds will be used to assist,
promote, or deter union organizing.
(2) CONSULTATION REQUIRED.—Where a labor
organization represents a substantial number of em-
ployees who are engaged in similar work or training
in the same area as that proposed to be funded
under this Act, an opportunity shall be provided for
such organization to submit comments with respect
to such proposal.
(f) DAVIS-BACON REQUIREMENTS.—
(1) PREVAILING WAGES REQUIRED.—All labors
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 at rates not less than those
prevailing on similar construction in the locality as
determined by the Secretary in accordance with the
Act of March 3, 1931 (commonly know as the
Davis-Bacon Act), as amended (40 U.S.C. 276a–
276a–5). The Secretary shall have with respect to
such labor standards, the authority and functions
set forth in Reorganization Plan Numbered 14 of
1950 (15 FR 3176; 64 Stat. 1267) and section 2 of
the Act of June 1, 1934, as amended (48 Stat. 948,
as amended; 40 U.S.C. 276(c)).
(2) FUNDING REQUIRED.—Such rates are not
required to be paid to participants under this Act
unless they are employed in connection with projects
funded by this Act in whole or inpart, 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 governments, a public
agency, or a local educational agency; and
(3) the term ‘‘regular unsubsidized employee’’
means any employee whose wages are paid in whole
or in part from non-Federal funds, but does not in-
clude any employee whose wages are paid in whole
or in part with funds made available under this Act.
SEC. 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
accomplishing the purposes of this Act. The Comp-
troller General shall conduct the evaluations when-
ever necessary and shall periodically (at least annu-
ally) report to the Congress on the findings of such
evaluations.
(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
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 properly 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 the Secretary determines that such recipi-
ent should be held liable pursuant to subsection (c). No
such action shall be taken except after notice and oppor-
tunity for a hearing having been given to the recipient.
(c) PROCEDURE FOR REPAYMENT.—
(1) STANDARD FOR REPAYMENT.—Each recipi-
ent shall be liable to repay such amounts, from
funds other than funds received under this Act,
upon a determination that the misexpenditure of
funds was due to willful disregard of the require-
ments of this Act, gross negligence, or failure to ob-
serve accepted standards of administration. No such
finding shall be made except after notice and oppor-
tunity for a fair hearing.
(2) DETERMINATION REQUIRED.—In determin-
ing whether to impose any sanction authorized by
this section against a recipient for violations by a
subcontractor of such recipient under this Act, the
Secretary shall first determine whether such recipi-
ent has adequately demonstrated that it has—
(A) established and adhered to an ap-
propriate system for the award and monitoring
of contracts with subcontractors which contains
acceptable standards for ensuring accountabil-
ity;
(B) entered into written contracts with
such subcontractors which establish clear goals
and obligations in unambiguous terms;
(C) acted with due diligence to monitor the
implementation of the contract, including the
carrying out of appropriate monitoring activities
(including audits) at reasonable intervals; and
(D) taken prompt and appropriate correc-
tive action upon becoming aware of any evi-
dence of a violation of this Act by such sub-
contractor.
(3) WAIVER PERMITTED.—If the Secretary de-
termines that the recipient has demonstrated sub-
stantial compliance with the requirements of para-
graph (2), the Secretary may waive the imposition of
sanctions authorized by this section upon such recip-
ient. The Secretary is authorized to impose any
sanction consistent with the provisions of this Act
and of any applicable Federal or State law directly
against any subcontractor for violation of this Act.
(d) EMERGENCY ACTIONS.—In emergency situations,
if the Secretary determines it is necessary to protect the
integrity of the funds or ensure the proper operation of
the program, the Secretary may immediately terminate or
suspend financial assistance, in whole or in part, if the
recipient is given prompt notification 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 the President of the United States and with
the advice and consent of the United States Senate.
(e) DISCRIMINATION REMEDIES.—If the Secretary
determines that any recipient of funds under this Act has
discharged or in any manner discriminated against a par-
ticipant or against any individual in connection with the
administration of the program involved, or against any in-
dividual because such individual has filed any complaint
or instituted or caused to be instituted any proceeding
under or related to this Act, or has testified or is about
to testify in any such proceeding or investigation under
or related to this Act, or otherwise unlawfully denied to
any individual a benefit 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) RECORD KEEPING.—Recipients shall maintain
records that are sufficient to permit the preparation of
reports required by this Act and to permit the tracing of
funds to a level of expenditure adequate to insure that
the funds have not been spent unlawfully.
(h) INVESTIGATIONS.—
(1) CONDUCT AUTHORIZED.—In order to en-
sure compliance with the provisions of this Act, the
Comptroller General of the United States may con-
duct investigations of the use of funds received
under this Act by any recipient.
(2) USE OF EXISTING RECORDS.—In conduct-
ing any investigation under this Act, the Secretary
or the Comptroller General of the United States may
not request the compilation of any new information
not readily available to such recipient.
SEC. 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 with the clerk of such Court 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
section shall be heard expeditiously, if possible with-
in 10 days of the filing of a reply brief by the Sec-
retary.
(b) JURISDICTION.—The court shall have jurisdiction
to make and enter a decree affirming, modifying, or set-
ting aside the action or sanction of the Secretary in whole
or in part. The court’s judgment shall be final, subject
to certiorari review by the Untied States Supreme Court,
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
Director of the Office of Management and
Budget; or
(ii) 70 percent of the lower living
standard income level;
(C) receives, or is a member of a family
which receives, food stamps pursuant to the
Food Stamp Act of 1977;
(D) is a foster child on behalf of whom
State or local government payments are made;
or