(c) ADMINISTRATIVE COSTS.—From the amount al-
lotted to any State under subsection (a), the higher edu-
cation building agency shall reserve not more than 1 per-
cent thereof for its necessary administrative costs in carry-
ing out the purposes of this part.
SEC. 253. REQUIREMENTS FOR RECEIPT OF ALLOTMENT.
(a) STATEMENT REQUIRED.—
(1) CONTENTS
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 such funds only in ac-
cordance with the provisions of this Act; and
(C) agreeing to provide each of the quar-
terly reports required by subsection (c).
(2) ACTION BY SECRETARY.—Within 30 days
after the final day for the submission of statements
required by paragraph (1), the Secretary shall, on
the basis of only those States submitting such state-
ments, make a final allotment of funds in accord-
ance with section 252, and shall notify each State of
the amount of its final allotment.
(b) PAYMENT OF ALLOTMENTS.—
(1) PROSPECTIVE PAYMENT RULE.—For fiscal
years beginning after the date of enactment of this
Act, the Secretary shall pay to each State which has
filed a statement in accordance with subsection (a)
its allotment for that fiscal year. Such payments
shall be made in equal installments not later than 5
days after the beginning of each quarter for which
funds are available.
(2) PREVIOUS
FISCAL
YEAR.—For any fiscal
year which began prior to the date of enactment of
this Act, the Secretary shall, not later than 30 days
after the final allotment of funds for such fiscal year
under subsection (a)(2), pay to each State which has
filed such a statement the total amount of such 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 funds made available
under this part (in that or a preceding quarter) shall sub-
mit to the Secretary a report on the use of such funds.
Such report shall—
(1) describe in detail the jobs created with such
funds including—
(A) the nature of the employment activity,
(B) the wage rates paid; and
(C) the duration 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.
(d) WITHHOLDING PROCEDURES.—The Secretary
may not withhold, suspend, or terminate the payment of
any installment of an allotment except in accordance with
section 303.
PART C—SPECIAL DEFINITIONS FOR SUBTITLE C
SEC. 261. DEFINITIONS.
Notwithstanding section 305, for purposes of this
subtitle—
(1) the term ‘‘State educational agency’’ has
the meaning provided under section 1471(23) of the
Elementary and Secondary Education Act of 1965;
(2) the term ‘‘local educational agency’’ has the
meaning provided under section 1471(12) of the El-
ementary and Secondary Education Act of 1965;
(3) the term ‘‘higher education building author-
ity’’ has the meaning provided under 734(b) of the
Higher Education Act of 1965;
(4) the term ‘‘Indian tribal school’’ means any
school operated by an Indian tribe under the Indian
Self-Determination and Education Assistance Act
(Public Law 93–638); and
(5) the term ‘‘institution of higher education’’
has the meaning provided under section 1201(a) of
the Higher Education Act of 1965.
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 is authorized to be appropriated $45,000,000,000
for each of the fiscal year 1998, 1999, 2000, 2001, and
2002.
(b) DIVISION BETWEEN SUBTITLES.—Of the amount
to be appropriated pursuant to subsection (a) for each fis-
cal 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
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
purposes of as a place of 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 SUPPLEMENTARY ACTIVITIES.—
Funds provided under this Act shall only be used for ac-
tivities which are in addition to those which would other-
wise be available in the area in the absence of such funds.
(c) SUBSTITUTION
FOR GOVERNMENT PROGRAMS
PROHIBITED.—Except as provided in title I, no funds
made available under this Act for subsidized employment
may be provided to a private organization, institution, or
contractor to conduct any activities customarily performed
by employees of a State, a political subdivision, or a local
educational agency in the area served by the program.
(d) SERVICE TO RESIDENTS.—Only individuals resid-
ing in the area of an eligible jurisdiction under title II
may participate in non-emergency activities funded under
such title, except 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