I
104TH CONGRESS
1ST SESSION
H. R. 1591
To establish a national public works program to provide incentives for the
creation of jobs and address the restoration of infrastructure in commu-
nities across the United States, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 9, 1995
Mr. MARTINEZ (for himself, Mr. FATTAH, Mr. DELLUMS, Ms. WATERS, Mr.
CLAY, Mr. LEWIS of Georgia, Mr. ABERCROMBIE, Mr. OWENS, Mr.
SCOTT, Ms. ROYBAL-ALLARD, Ms. VELA´ZQUEZ, Mrs. COLLINS of Illinois,
Mr. TORRES, Mr. SERRANO, Mr. FOGLIETTA, and Mr. MCDERMOTT) in-
troduced the following bill; which was referred to the Committee on Eco-
nomic and Educational Opportunities, and in addition to the Committee
on Transportation and Infrastructure, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To establish a national public works program to provide
incentives for the creation of jobs and address the res-
toration of infrastructure in communities across the
United States, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Job Creation and
Infrastructure Restoration Act of 1995’’.
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SEC. 2. FINDINGS.
Congress finds the following:
(a) That the investments made during the
1930’s, 1940’s, and 1950’s in the infrastructure of
the United States through the Roosevelt public
works programs, the National Highway Act under
President Eisenhower, and other major efforts, led
to the greatest period of economic recovery and sus-
tained level of economic growth in the first 150
years of our Nation’s existence.
(b) That the Nation’s infrastructure has suf-
fered greatly over the past three decades because of
the failure of the Federal Government to ensure re-
newal and restoration of roads, bridges, public build-
ings, public lands, and other public assets.
(c) The lack of resources for the maintenance
of the infrastructure during this period has led to
the loss of both jobs and job skills in these vital
areas, with consequent increased unemployment and
a reduction in the quality of life for residents of af-
fected areas.
(d) There is a critical need to renew and restore
both the public buildings and other assets, and the
jobs and job skills needed to ensure that those assets
are available for use by future generations and for
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any defense needs the country may face in the fu-
ture.
(e) Policies at the Federal level have dem-
onstrated diminished concern for the infrastructure
needs of the communities of the Nation and a shift-
ing of the burden for maintenance and creation of
highways, bridges, mass transit, and other infra-
structure on to local governments, in addition to the
burden for local needs (such as public safety, edu-
cation, health, and public welfare) that those juris-
dictions bear, thereby stretching already shrinking
resources beyond the capabilities of those govern-
ments to address these needs.
(f) Federal incentives that are specifically
linked to the development of jobs, and renewal of
important job skills will help reverse the trend to
continued erosion of the Nation’s infrastructure.
(g) Economic growth rates and future efficiency
and competitiveness of the national economy will be
substantially enhanced by programs of Federal Gov-
ernment assistance to State and local governments
to construct and rehabilitate the Nation’s economic
infrastructure.
(h) Efforts to reform the welfare system are
based on the assumption that there will be jobs
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(1) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Commerce, acting through the Eco-
nomic Development Administration.
(2) LOCAL
GOVERNMENT.—The term ‘‘local
government’’ means any city, county, town, parish,
or other political subdivision of a State, and any In-
dian tribe.
(3) PUBLIC WORKS.—The term ‘‘public works’’
includes water and sewer lines, streets and roads,
water and sewage treatment plants or facilities, port
facilities, police and fire stations, detention centers,
schools, health facilities, industrial research or devel-
opment parks, research facilities at institutions of
higher learning, and other projects the Secretary de-
termines to be appropriate.
(4) STATE.—The term ‘‘State’’ includes the
several States, the District of Columbia, the Com-
monwealth of Puerto Rico, the Virgin Islands of the
United States, Guam, American Samoa, and the
Commonwealth of the Northern Marianas.
SEC. 102. DIRECT GRANTS.
(a) CONSTRUCTION.—The Secretary is authorized to
make grants to any State or local government for the con-
struction (including demolition and other site preparation
activities), renovation, repair, restoration, or other im-
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provement of local public works projects, including those
public works projects of State and local governments for
which Federal financial assistance is authorized under
provisions of law other than this title or this Act. To the
extent appropriate, the Secretary may coordinate with
other Federal agencies in assessing grant requests, and
in providing appropriate levels of support.
(b) FEDERAL SHARE.—The Federal share of any
project for which a grant is made under this title shall
be no more than 90 percent of the cost of the project.
(c) TERMINATION OF GRANTS.—No new grants shall
be made pursuant to this section after the expiration of
any 3-consecutive month period during which the national
unemployment rate remained below 5 percent for each
such month, or after September 30, 1999, whichever first
occurs.
SEC. 103. ALLOCATION OF FUNDS; PREFERENCES.
(a) ALLOCATION OF FUNDS.—The Secretary shall al-
locate funds appropriated pursuant to section 106 of this
title as follows:
(1) INDIAN
TRIBES.—Three-quarters of one
percent of such funds shall be set aside and shall be
expended only for grants for public works projects
under this title to Indian tribes and Alaskan Native
villages. None of the remainder of such funds shall
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be expended for such grants to such tribes and vil-
lages.
(2) OTHERS.—After the set-aside required by
paragraphs (1), (3), and (4) of this subsection, 60
percent of such funds shall be allocated among the
States on the basis of the ratio that the number of
unemployed persons in each State bears to the total
number of unemployed persons in all the States and
40 percent of such funds shall be allocated among
those States with an average unemployment rate for
the preceding 6-month period in excess of 6 percent
on the basis of the relative severity of unemployment
in each such State, except that no State shall be al-
located less than three-quarters of one percent or
more than 12 percent of such funds for local public
works projects within such State, except that in the
case of Guam, the Virgin Islands of the United
States, American Samoa, and the Commonwealth of
the Northern Marianas, not less than one-half of one
percent in the aggregate shall be allocated for such
projects in all four of such territories.
(3) SET-ASIDE FOR SMALL TOWNS.—Not less
than 10 percent of each State’s allocation shall be
set aside and shall be expended only for grants for
public works projects under this title for units of
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local government with populations under 10,000 per-
sons.
(4) DEVELOPMENT AND ADMINISTRATION.—Up
to three-quarters of one percent of the total grant
award will be available for project development and
preparation, and for ongoing project administration.
This allocation shall be available for local units of
government defined as nonentitlement under the
Housing and Urban Development Community Devel-
opment Block Grant Program. Such allocation shall
not exceed $15,000 for any single grant award in
any event.
(b) PREFERENCES.—
(1) LOCAL GOVERNMENT PROJECTS.—In mak-
ing grants under this title, the Secretary shall give
priority to public works projects of local govern-
ments that will employ residents of such grantees
who are experienced, apprentice or novice workers in
construction activities.
(2) LOCALLY ENDORSED PROJECTS.—In mak-
ing grants under this title, the Secretary shall also
give priority to any public works projects requested
by a State or by a special purpose unit of local gov-
ernment which is endorsed by a general purpose
local government within such State.
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(3) SCHOOL DISTRICT PROJECT.—A project re-
quested by a school district shall be accorded the full
priority and preference to public works projects of
local governments provided in this subsection.
(4) 
APPLIED
INDUSTRIAL
RESEARCH
PROJECTS.—A project that creates or adds to an ap-
plied industrial research facility at an institution of
higher education, and which facility is intended to
promote the development of new products and proc-
esses, or that the Secretary determines will improve
the competitiveness of American industry shall be
accorded full priority and preference. For projects
under this section, matching funds requirements
shall be waived if the company or companies and the
institution involved commit, in the Secretary’s deter-
mination, to undertake all future equipment and
maintenance expenses for the project.
(c) HIGH UNEMPLOYMENT RATES.—
(1) PRIORITY.—In making grants under this
title, if for the 12 most recent consecutive months
the average national unemployment rate in the con-
struction trades is equal to or exceeds 8 percent, the
Secretary shall (A) expedite and give priority to ap-
plications submitted by States or local governments
having average unemployment rates for the 12 most
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recent consecutive months in excess of the average
national unemployment rates for the construction
trades, and (B) shall give priority thereafter to ap-
plications submitted by States or local governments
having average unemployment rates for construction
trades for the 12 most recent consecutive months in
excess of 6 percent, but less than the average na-
tional unemployment rate for such construction
trades.
(2) INFORMATION REGARDING UNEMPLOYMENT
RATES.—Information regarding unemployment rates
may be furnished either by the Federal Government,
or by States or local governments, provided the Sec-
retary (A) determines that the unemployment rates
furnished by States or local governments are accu-
rate, and (B) shall provide assistance to State or
local governments in the calculation of such rates to
assure validity and standardization.
(3) LIMITATION
ON
APPLICABILITY.—Para-
graph (1) of this subsection shall not apply to any
State which receives a minimum allocation pursuant
to paragraph (2) of subsection (a) of this section.
(d) STATE AND LOCAL PRIORITIZATION OF APPLICA-
TIONS.—Whenever a State or local government submits
applications for grants under this title for 2 or more
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projects, such State or local government shall submit as
part of such applications its priority for each such project.
(e) LOCALIZATION OF UNEMPLOYMENT DETERMINA-
TIONS.—The local unemployment rate of construction
trades workers may, for purposes of this title, and upon
request of the applicant, be based upon the unemployment
rate of any community or neighborhood (defined without
regard to political or other subdivisions or boundaries)
within the jurisdiction of such local governments.
SEC. 104. RULES, REGULATIONS, AND PROCEDURES.
(a) IN GENERAL.—The Secretary shall, not later
than 30 days after the date of enactment of this title, pre-
scribe those rules, regulations, and procedures (including
application forms) necessary to carry out this Act. Such
rules, regulations, and procedures shall assure that ade-
quate consideration is given to the relative needs of var-
ious sections of the country. The Secretary shall consider
among other factors—
(1) the severity and duration of unemployment
in proposed project areas;
(2) 
the 
income 
levels 
and 
extent 
of
underemployment in proposed project areas;
(3) the extent to which proposed projects will
contribute to increased employment in the construc-
tion trades and to future economic growth; and
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(4) the needs of proposed project areas to re-
cover from natural or other disaster which has af-
fected the infrastructure of such area.
(b) CONSIDERATION OF APPLICATIONS.—The Sec-
retary shall make a final determination with respect to
each application for a grant submitted under this title not
later than the 60th day after the date the Secretary re-
ceives such application.
(c) CONSIDERATION OF CONSTRUCTION INDUSTRY
EMPLOYMENT.—For purposes of this section, in consider-
ing the extent of unemployment or underemployment, the
Secretary shall consider the amount of unemployment or
underemployment in the construction and construction-
related industries.
SEC. 105. GENERAL LIMITATION.
(a) ACQUISITION OF LAND—No part of any grant
made under section 102 of this title shall be used for the
acquisition of any interest in real property.
(b) MAINTENANCE COSTS.—Nothing in this title
shall be construed to authorize the payment of routine
scheduled maintenance costs in connection with any
projects constructed (in whole or in part) with Federal fi-
nancial assistance under this title.
(c) ON-SITE LABOR.—Grants made by the Secretary
under this title shall be made only for projects for which
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the applicant gives satisfactory assurances, in such man-
ner and form as may be required by the Secretary and
in accordance with such terms and conditions as the Sec-
retary may prescribe that, if funds are available, onsite
labor work can begin within 90 days of project approval.
(d) CONTRACTING.—
(1) CONTRACTING OUT REQUIRED.—No part of
the construction (including and other site prepara-
tion activities), renovation, restoration, repair, or
other improvement of any public works project for
which a grant is made under this title, shall be per-
formed directly by any department, agency, or in-
strumentality of any State or local government.
(2) COMPETITIVE BIDDING.—
(A) Construction of each project for which
a grant is made under this title shall be per-
formed by contract awarded by competitive bid-
ding, unless the Secretary shall affirmatively
find that, under the circumstances related to
such project, an alternative method is in the
public interest. It is in the public interest that
tax-funded projects shall be performed effi-
ciently, with a high level of productivity, and
shall produce a product of highest quality.
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(B) For this purpose, public authorities
awarding contracts under this Act shall, as a
first option, seek to obtain Project Agreements
with Building Trades Councils which have juris-
diction over the geographical area included in
the location of the project. These Project Agree-
ments shall include the establishment of Project
Committees consisting of public officials, labor
representatives and managerial representatives.
The Committee will hear and rule on com-
plaints pertaining to job safety and health, mi-
nority hiring and prevailing wage, and appren-
ticeship training provisions of this Act, as well
as craft jurisdiction and any and all disputes
which may arise on the job. Public Authorities
shall assign to each project an enforcement offi-
cer who shall oversee and enforce compliance
with labor standards, hiring practices, and ap-
prenticeship standards specified in this Act, as
well as those orders of the Project Committee
applicable to the project.
(3) LOWEST RESPONSIVE BID.—Contracts for
the construction of each project for which a grant is
made under this title shall be awarded only on the
basis of the lowest responsive bid submitted by a
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bidder meeting the established criteria of responsibil-
ity, subject to subsection (c) of this section.
(4) ADVERTISING.—No requirement or obliga-
tion shall be imposed as a condition precedent to the
award of a contract to a bidder for a project for
which a grant is made under this title, or to the Sec-
retary’s concurrence in the award of a contract to
such bidder, unless such requirement or obligation is
otherwise lawful and is specifically set forth in the
advertised specifications or in this title.
(e) ENVIRONMENTAL SAFEGUARDS.—All local public
works projects carried out with Federal financial assist-
ance under this title shall comply with all relevant Federal,
State or local environmental laws and regulations.
(f) BUY AMERICA ACT.—If a local public works
project carried out with Federal assistance under this title
would be eligible for Federal financial assistance under
provisions of law other than this Act and, under such
other provision of law, would be subject to title III of the
Act of March 3, 1993, popularly known as the Buy Amer-
ica Act, or similar requirements, such project shall be sub-
ject to such title of such Act of March 3, 1993, or such
similar requirements under this Act in the same manner
and to the same extent as such project would be subject
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to such title of such Act of March 3, 1993, or such similar
requirements under such other provisions of law.
(g) MINORITY PARTICIPATION.—If a local public
works project carried out with Federal financial assistance
under this title would be eligible for Federal financial as-
sistance under provisions of law other than this Act and,
under such other provisions of law, would be subject to
any minority participation requirement, such project shall
be subject to such requirement under this Act, in the same
manner and to the same extent as such project would be
subject to such requirement under such other provisions
of law.
(h) APPLICABILITY OF LAWS REGARDING INDIVID-
UALS WITH DISABILITIES.—Sections 504 and 505 of the
Rehabilitation Act of 1973 and the Americans With Dis-
abilities Act of 1990 shall apply to local public works
projects carried out under this title.
SEC. 106. FUNDING.
There 
is 
authorized 
to 
be 
appropriated
$25,000,000,000 for fiscal years 1995, 1996, and 1997
to carry out this title. Moneys appropriated pursuant to
this authorization shall remain available until expended.
Any amounts made available under this title for fiscal year
1995 shall be deemed to be emergency spending under sec-
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tion 251(b)(2)(D) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
TITLE II—PUBLIC WORKS AND JOB
RESTORATION
Subtitle A—Jobs 2000
SEC. 201. SHORT TITLE.
This subtitle may be cited as the ‘‘Jobs 2000 Act of
1995’’.
SEC. 202. PURPOSE.
It is the purpose of this subtitle to develop and pro-
vide useful and productive opportunities for unemployed
and underemployed people, especially young people,
through payments for labor and related costs associated
with the construction, repair or rehabilitation of essential
community and educational facilities; with the reclama-
tion, improvement and conservation of public lands; and
with the creation, repair, rehabilitation and restoration of
public safety, public transportation, health, social services,
and recreation facilities and other activities necessary to
the public welfare.
SEC. 203. ELIGIBLE PARTICIPANTS.
(a) GENERAL ELIGIBILITY REQUIREMENTS.—An in-
dividual shall be eligible to participate in a program,
project or activity receiving funds under this subtitle only
if such individual—
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(1) is a resident or citizen of the United States,
(2) is an unemployed individual at the time of
enrollment, and
(3) has been unemployed for at least 30 days
immediately preceding the date of such enrollment,
except as otherwise provided in subsection (e) of this
section and section 222. Individuals may be certified
for purposes of this section in accordance with pro-
cedures agreed to by the eligible administrative en-
tity and established in regulations established by the
Secretary.
(b) DURATION OF ELIGIBILITY.—No individual who
is eligible under subsection (a) shall receive wages from
funds made available under this subtitle in excess of 52
weeks in any 2-year period, in accordance with the follow-
ing subsidy schedule—
(1) up to 75 percent of the participant’s wages
may be subsidized for the first 26 weeks.
(2) up to 50 percent of the participant’s wages
may be subsidized for the next 13 weeks, and
(3) up to 25 percent of the participant’s wages
may be subsidized for the next 13 weeks.
(c) PRIORITY FOR PARTICIPATION.—In the selection
of participants for activities under this subtitle, priority
shall be given to individuals who—
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(1) at the time of selection, have exhausted or
are otherwise not eligible for unemployment benefits,
particularly—
(A) those individuals who have been unem-
ployed for the longest periods of time preceding
the date of their selection;
(B) those residing in households in which
no other member is employed on a full-time
basis;
(C) those individuals who are or were
qualified participants in a Trade Adjustment
Act program or other Federal program provid-
ing job reemployment assistance due to base
closure, factory closure or other job loss due to
economic factors;
(D) those young people who are unem-
ployed and who reside in communities with the
highest 
levels 
of 
unemployment 
or
underemployment; and
(2) (except for individuals described in subpara-
graph (D)) have been employed within the past 2
years by the employer that is providing the sub-
sidized job position.
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(d) SPECIAL CONSIDERATION FOR WELFARE RECIPI-
ENTS.—Entities receiving funds under this subtitle shall
give special consideration to applicants who are—
(1) custodial parents of children who are recipi-
ents of assistance under title IV of the Social Secu-
rity Act; and
(2) noncustodial parents of one or more
nondependent children who are recipients of assist-
ance under title IV of the Social Security Act, but
only if said applicants agree in writing to the with-
holding of an appropriate portion of their wages to
be applied to the support of said child or children
under any child support order.
(e) SPECIAL CONSIDERATION FOR VETERANS.—With
regard to services to veterans provided under section
210(a)(3)(N), special consideration in selecting partici-
pants for employment in such activities shall be given to
veterans who otherwise meet the eligibility requirements
of this section.
(f) EQUAL EMPLOYMENT OPPORTUNITIES.—In cer-
tifying eligible participants under subsection (a) and in re-
ferring them for employment to recipients under subtitles
B and C, the administrative entity shall be responsible for
ensuring equal employment opportunities and the full par-
ticipation of traditionally underrepresented groups, includ-
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ing women and racial and ethnic minorities, in employ-
ment provided with funds made available under this title.
Each recipient of funds under subtitle B and C shall be
responsible for ensuring such opportunities and full par-
ticipation in the selection of eligible participants for such
employment.
SEC. 204. LIMITATION ON USE OF FUNDS.
(a) RESERVATION FOR WAGES AND BENEFITS.—Not
less than 75 percent of the funds made available to any
recipient under subtitles B and C from funds appropriated
under section 271 of this Act for any fiscal year shall be
used to provide for wages and related employment benefits
to eligible participants for work which the recipient cer-
tifies has been performed in one or more of the activities
authorized under this title.
(b) LIMITATION ON ADMINISTRATIVE COSTS.—Not
more than 10 percent of the funds provided to any recipi-
ent under this title from funds appropriated for any fiscal
year may be used for the costs of administration.
(c) ACQUISITION OF TOOLS, EQUIPMENT, AND MA-
TERIALS.—The remainder of the funds provided to any
recipient under this title from funds appropriated for any
fiscal year (after compliance with subsection (a) and de-
duction of costs of administration permitted by subsection
(b)) may be used for the acquisition of supplies, tools,
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equipment, and other materials directly related to the pur-
pose for which the funds were provided.
(d) USE OF OTHER FUNDS.—
(1) USE OF ACQUISITION COSTS.—Nothing in
this Act shall be construed to preclude or limit the
payment of the costs of administration or the costs
of supplies, tools, equipment, or other materials di-
rectly related to the project or program being fund-
ed, either in whole or in part, from non-Federal
sources or from Federal sources other than under
this Act, such as section 106 of the Housing and
Community Development Act of 1974 (42 U.S.C.
5306).
(2) BUY AMERICA REQUIREMENT.—In designat-
ing projects under this Act, the recipient shall, to
the extent feasible, ensure that supplies, tools, equip-
ment, or other materials purchased or procured (in
accordance with paragraph (1)) have been manufac-
tured, mined, or produced in the United States, un-
less such supply, tool, equipment, or material is not
available in reasonable quantity and quality as re-
quired to fulfill the needs of such project or activity.
(e) TRAINING COST EXCEPTION.—Notwithstanding
subsection (a), funds available under subtitle B may be
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used for costs associated with training and related support
for a number of participants if—
(1) employers have made commitments to fill
an equal number of unsubsidized jobs with partici-
pants who have successfully completed such training;
(2) the recipient has entered into an agreement
for the provision of such training to participants
with one or more of the following: an Apprenticeship
Training program which is certified by the Depart-
ment of Labor for the construction industry and
meets Federal standards for apprenticeship training;
an administrative entity designated under section
103(b)(1)(B) of the Job Training Partnership Act
(29 U.S.C. 1513(b)(1)(B)), a local educational agen-
cy, a vocational education school, an institution of
higher education, a community-based organization, a
community action agency, a community development
corporation, or other qualified public or private non-
profit provider of training services; and
(3) the costs associated with providing such
training and related support to any participant from
funds available under this Act do not exceed, on a
weekly basis, the maximum wage which may be paid
with funds available under this Act in accordance
with section 301(g)(2).
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(f) SALARY LIMITATION.—Funds available for the
cost of administration pursuant to subsection (b) may not
be used to pay salaries or wages to administrative or su-
pervisory employees—
(1) at a rate that is greater than the rate of the
salaries or wages paid to employees performing com-
parable functions for the same employer; or
(2) if there is no such comparable rate, at a
rate which is in excess of the rate of pay prescribed
for GS–13 of the General Schedule with respect to
employees of the Federal Government.
Subtitle B—Employment in Support of
Community Renewal
PART A—COMMUNITY IMPROVEMENT PROJECTS.
SEC. 210. EMPLOYMENT IN COMMUNITY IMPROVEMENT
PROJECTS.
(a) QUALIFIED ACTIVITIES.—Eligible participants
shall be employed in community improvement projects
under this subtitle in one or more of the following activi-
ties:
(1) Repair, rehabilitation, or improvement of
public facilities, including—
(A) street, highway or road repair;
(B) painting and/or repair of bridges and
pedestrian overpasses or underpasses;
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(C) rehabilitation or repair of community
facilities, such as public libraries or other public
buildings;
(D) rehabilitation, repair and moderniza-
tion of public housing;
(E) water development projects and repair
of water systems,
(F) repair and rehabilitation of public
mass transit systems;
(G) erecting and replacing school crossing,
intersection and other road surfaces or sign
markings and removing road or public sidewalk
obstructions;
(H) rehabilitation of public playgrounds
and parks;
(I) installation and repair of drainage
pipes, catch basins or other portions of systems
to control potential flooding;
(J) installation of graded ramps and as-
sistance devices such as handrails for the handi-
capped; and
(K) weatherization and other energy con-
servation activities.
(2) Activities to conserve, restore, rehabilitate
or improve public lands, including—
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(A) erosion, fire, flood, drought, earth-
quake, and storm damage prevention, assist-
ance, and control;
(B) removal of refuse and hazardous mate-
rials from drainage ditches, illegal dumping
sites, and other public areas;
(C) stream, lake and waterfront harbor
and port improvements and pollution control;
(D) nursery, forestry and silvicultural op-
erations,
(E) reclamation activities on public lands
that have been stripmined or subjected to other
mineral extraction activities;
(F) fish culture and habitat maintenance
and improvement and other fishery assistance;
(G) rehabilitation, improvement and con-
servation of rangelands;
(H) urban revitalization and historical and
cultural site preservation;
(I) road and trail maintenance and im-
provement;
(J) improvement and reuse of abandoned
railroad bed and right-of-way; and
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(K) renewable resource enhancement, en-
ergy conservation projects and recovery of bio-
mass.
(3) Public safety, health, social service, and
other activities necessary to the public welfare, in-
cluding—
(A) fire hazard inspection and repair, and
repairing or replacing fire hydrants;
(B) emergency food and shelter activities;
(C) child and dependent care (including
respite care) designed to enable parents or
other caregivers to become fully employed;
(D) assisting in nutrition programs for
children, the elderly and the disabled;
(E) other services for the elderly or dis-
abled, including meals on wheels, in-home serv-
ices and respite care;
(F) disaster relief efforts to assist victims;
(G) upgrading personal and residential se-
curity for elderly, disabled and low-income resi-
dents of public or publicly assisted housing;
(H) public health services, including immu-
nizations of children and assistance in commu-
nity health centers;
(I) emergency medical and rescue services;
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(J) drug and alcohol abuse programs;
(K) domestic violence programs, including
prevention of child abuse and protection of
abused children or elderly persons;
(L) education and training assistance, in-
cluding family literacy, English as a second lan-
guage, basic skills education, remedial tutoring,
and occupational skills training;
(M) assisting public library programs, in-
cluding library aides programs and book mo-
biles;
(N) employment counselling, homelessness
prevention and other services to veterans and
their families;
(O) security guards for public schools and
public housing projects;
(P) police support such as dispatchers,
neighborhood watch, and traffic control to free
police officers for full time street duty;
(Q) staff support for juvenile and adult
correctional facilities;
(R) rodent and insect control activities;
(S) hazardous materials surveys; and
(T) unemployment counselling and job
placement services.
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(b) JOINT PROGRAMS AUTHORIZED.—Nothing in
this subtitle shall be construed to preclude such activities
from being conducted in conjunction with programs fund-
ed from sources other than under this subtitle.
(c) DEFINITION OF PROJECT.—For the purpose of
this section, the term ‘‘project’’ means a definable task
or group of related tasks which—
(1) will be carried out by a government depart-
ment, public or quasi-public agency, private non-
profit organization or private contractor, including
those carried out in conjunction with the local Build-
ing Trades Councils (as described in section
204(e)(2));
(2) if a program designed to create or modify,
repair, rehabilitate or restore buildings or other tan-
gible property, will be completed within 24 months
(or such longer period as the Secretary may provide
in a program grant);
(3) is an activity authorized under this section
or section 231(b);
(4) will result in a specific product or accom-
plishment;
(5) would not otherwise be conducted with ex-
isting funds; and
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(6) will meet the priorities established in section
214.
(d) PUBLIC LANDS PROJECTS LIMITATIONS.—
(1) BENEFITS AND REIMBURSEMENT.—Projects
to be carried out under subsection (a)(2) shall be
limited to projects on public lands or Indian lands
except where a project involving other lands will pro-
vide a documented public benefit and reimbursement
will be provided to the recipient for that portion of
the total cost of the project which does not provide
a public benefit. Notwithstanding any other provi-
sion of law, any reimbursement referred to in the
preceding sentence shall be retained by the recipient
and shall be used by the recipient for purposes of
carrying out other projects under this subtitle.
(2) CONSISTENCY WITH LAWS AND POLICIES.—
All projects carried out under this Act for conserva-
tion, rehabilitation, restoration or improvement of
any public lands or Indian lands shall be undertaken
in a manner consistent with the provisions of law
and policies relating to the management and admin-
istration of such lands, with all other applicable pro-
visions of law, and with all management, oper-
ational, and other plans and documents which gov-
ern the administration of the area.
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smaller unit of general local government (determined
on the basis of population) if the latter such unit is
or is part of an eligible administrative entity that
has filed a statement under section 213 with respect
to the use of funds provided under this title for such
area.
SEC. 212. ALLOTMENT OF FUNDS.
(a) NATIVE AMERICAN ALLOTMENT.—
(1) FUNDS
RESERVED.—From the amount
available for purposes of this title for any fiscal year
(exclusive of the amount available for subpart C) the
Secretary shall reserve 2 percent for allotments
among Native American eligible jurisdictions de-
scribed in section 211(b)(4) in accordance with para-
graph (2).
(2) ALLOTMENTS.—The amounts which are re-
quired by paragraph (1) to be allotted in accordance
with this paragraph among Native American eligible
jurisdictions shall be allotted among such jurisdic-
tions on an equitable basis, taking into account the
extent to which regular employment opportunities
have been lacking for long-term periods among indi-
viduals within the jurisdiction of such entities.
(b) GENERAL ALLOTMENTS.—
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(1) RESERVATION.—The remainder of the
amount available for this subtitle for any fiscal year
(after making the allotment required by subsection
(a)) shall be allotted by the Secretary to the States
for allocation to eligible jurisdictions within each
State. Each State shall allocate to the eligible juris-
dictions within the State such amounts as deter-
mined by the Secretary pursuant to the formula con-
tained in paragraph (2).
(2) FORMULA.—Of the amounts allotted to eli-
gible jurisdictions for this part of each fiscal year—
(A) 331⁄3 percent shall be allotted on the
basis of the relative number of unemployed in-
dividuals residing in areas of substantial unem-
ployment within each eligible jurisdiction as
compared to the total number of such unem-
ployed individuals in all eligible jurisdictions in
all States;
(B) 662⁄3 percent shall be allotted on the
basis of the relative number of unemployed in-
dividuals residing within each eligible jurisdic-
tion as compared to the total number of unem-
ployed individuals residing in all eligible juris-
dictions in all States.
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(3) LIMITATIONS ON FORMULA.—The total al-
lotment for all eligible jurisdictions within any one
State shall not be less than one-quarter of 1 percent
of the total allotted to all eligible jurisdictions in all
States.
(c) DEFINITIONS.—For the purposes of this section:
(1) The term ‘‘area of substantial unemploy-
ment’’ means any area of sufficient size and scope
to sustain a program under this subtitle and which
has an average unemployment rate of at least 6 per-
cent for the most recent 12 months as determined
by the Secretary. Determinations of areas of sub-
stantial unemployment shall be made once each fis-
cal year.
(2) The term ‘‘excess number’’ means the num-
ber which represents the number of unemployed in-
dividuals in excess of 4.5 percent of the civilian labor
force in the service delivery area, or the number
which represents the number of unemployed individ-
uals in excess of 4.5 percent of the civilian labor
force in areas of substantial unemployment in such
service delivery area.
SEC. 213. REQUIREMENTS FOR RECEIPT OF ALLOTMENT.
(A) SUBMISSION OF STATEMENT.—
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(1) CONTENT
OF
STATEMENT.—Each eligible
administrative entity which desires to receive an al-
lotment under section 212 shall, within 30 days
after receiving notice of such allotment, submit to
the Secretary a statement—
(A) designating a fiscal agent for the re-
ceipt of payments from such allotment;
(B) agreeing to use funds only in accord-
ance with the provisions of this Act;
(C) agreeing to use such funds for projects
or activities under subpart A, B, and C of this
subtitle and for which, to the maximum extent
feasible, on-site labor can begin within 45 days
of receipt of funds under this subtitle; and
(D) agreeing to provide each of the quar-
terly reports required by subsection (c).
(2) ACTIONS BY SECRETARY.—Within 30 days
after the final day for the submission of statements
required by paragraph (1), the Secretary shall, on
the basis of only those eligible administrative entities
submitting such statements, make a final allotment
of funds in accordance with section 212, and shall
notify each such eligible administrative entity of the
amount of its final allotment.
(b) PAYMENT OF ALLOTMENTS.—
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(1) PROSPECTIVE RULE.—For fiscal years be-
ginning after the date of enactment of this Act, the
Secretary shall pay to each eligible administrative
entity which has filed a statement in accordance
with subsection (a) its allotment for that fiscal year.
Such payments shall be made in equal installments
not later than 5 days after the beginning of each
quarter for which funds are available.
(2) PREVIOUS FISCAL YEAR PAYMENTS.—For
any fiscal year which began prior to the date of en-
actment of this Act, the Secretary shall, not later
than 30 days after the final allotment of funds for
such fiscal year under subsection (a)(2), pay to each
eligible administrative entity which has filed a state-
ment the total amount of such allotment.
(c) REPORTS ON USE OF FUNDS.—Not later than 45
days after the end of each calendar quarter, each eligible
administrative entity which has, during such quarter, ex-
pended funds made available under this subtitle (in that
or a preceding quarter) shall submit to the Secretary a
report on the use of such funds. Such report shall—
(1) describe in detail the jobs created with such
funds, including—
(A) the nature of the employment activity;
(B) the wage rates paid; and
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(C) the duration of employment;
(2) contain adequate data to evaluate the char-
acteristics of participants in programs and projects
under this subtitle, including the sex, race, age,
handicapped status, and veteran status of partici-
pants; and
(3) contain such information as the Secretary
may specifically request in order to ascertain wheth-
er such entity has used such funds in accordance
with the requirements of this Act.
(d) WITHHOLDING SUBJECT TO PROCEDURES.—The
Secretary may not withhold, suspend, or terminate the
payment of any installment of an allotment except in ac-
cordance with section 303 of this Act.
SEC. 214. PROJECT DESIGN.
(a) PRIORITY.—In designing projects under this sub-
title, the administrative entity shall give priority to
projects on the basis of—
(1) the severity and duration of unemployment
within localities in the area of the eligible adminis-
trative entity;
(2) the degree to which project activities will
lead to the expansion of unsubsidized employment
opportunities in the private sector;
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(3) the level of need which exists for the activi-
ties and services to be provided;
(4) the extent to which the activities will pro-
vide long-term benefits to the public;
(5) the extent to which the activities will instill
in the enrollee involved a work ethic and a sense of
public service;
(6) the extent to which the project will be labor
intensive; and
(7) the extent to which the project can be
planned and initiated promptly.
(b) COORDINATION.—To the extent feasible, employ-
ment opportunities established with funds made available
under this subtitle shall be coordinated with other Federal,
State and local activities, including vocational and adult
education, job training provided with funds available
under the Job Training Partnership Act (29 U.S.C. 1501,
et seq.), the Family Support Act of 1988, and activities
receiving funds available under section 106 of the Housing
and Community Development Act of 1974 (42 U.S.C.
5306), and other Federal laws.
(c) COMPETITIVE BIDDING.—In the case of projects
or activities that involve construction, reconstruction, re-
pair or renovation of physical structures—
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(1) each project for which a grant is made
under this title shall be performed by contract
awarded by competitive bidding, unless the Secretary
shall affirmatively find that, under the cir-
cumstances related to such project, an alternative
method is in the public interest. It is in the public
interest that tax-funded projects shall be performed
efficiently, with a high level of productivity, and
shall produce a product of highest quality;
(2) public authorities awarding contracts under
this Act shall, as a first option, seek to obtain
Project Agreements with Building Trades Councils
which have jurisdiction over the geographical area
included in the location of the project. These Project
Agreements shall include the establishment of
Project Committees consisting of public officials,
labor representatives and managerial representa-
tives. The Committees will hear and rule on com-
plaints pertaining to job safety and health, minority
hiring and prevailing wage, and apprenticeship
training provisions of this Act, as well as craft juris-
diction and any and all disputes which may arise on
the job. Public authorities shall assign to each
project an enforcement officer who shall oversee and
enforce compliance with labor standards, hiring
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practices, and apprenticeship standards specified in
this Act, as well as those orders of the Project Com-
mittee applicable to the project;
(3) contracts for the construction of each
project for which a grant is made under this title
shall be awarded only on the basis of the lowest re-
sponsive bid submitted by a bidder meeting the es-
tablished criteria or responsibility, subject to sub-
section (c) of this section;
(4) no requirement or obligation shall be im-
posed as a condition precedent to the award of a
contract to a bidder for a project for which a grant
is made under this title, or to the Secretary’s con-
currence in the award of a contract to such bidder,
unless such requirement or obligation is otherwise
lawful and is specifically set forth in the advertised
specification or in this title; and
(5) all local public works projects carried out
with Federal financial assistance under this title
shall comply with all relevant Federal, State or local
environmental laws and regulations.
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PART B—COMMUNITY IMPROVEMENT AND
RENEWAL ACTIVITIES FOR YOUTH TRAINEES.
SEC. 221. YOUTH TRAINEE ACTIVITIES.
(a) USE OF FUNDS AUTHORIZED.—Funds under this
subtitle may be used for eligible youth who are paid wage
and benefits from such funds for part-time employment
not in excess of 32 hours per week. Such part-time em-
ployment may be in any activity described in section 310
or may be at a work site operated by a public or private
nonprofit agency or organization or by an employer orga-
nized for profit, but shall be provided in a manner which
requires, and is consistent with, the youth’s enrollment in
high school, a program which leads to a certificate of high
school equivalency, or a program of basic skills, skills
training or employability development, including a pro-
gram operated pursuant to the Family Support Act. Such
enrollment shall be for a minimum of 8 hours per week.
(b) JOINT PROJECTS AUTHORIZED.—In meeting the
requirements of subsection (a), funds required to be used
for such purpose may be used in activities which also re-
ceive funds under the Job Training Partnership Act (in-
cluding Job Corps), the Carl T. Perkins Vocational Edu-
cation Act, the Family Support Act’s Job Opportunities
and Basic Skills Program, or other Federal, State or local
public or private education or training program.
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SEC. 222. ELIGIBLE YOUTH.
(a) EXEMPTION FROM UNEMPLOYMENT DURATION
REQUIREMENTS.—Notwithstanding section 203(a)(2) re-
garding duration of employment—
(1) any youth aged 16 through 19; or
(2) any youth aged 16 through 24 who is the
natural parent of a dependent non-custodial child,
and who executes an agreement of support and an
authorization for the withholding of a portion of the
wages from such activity for use in supporting such
dependent child; and
(3) who is currently unemployed shall be eligi-
ble to be a participant in activities conducted under
this part.
(b) PRIORITY.—In selecting such participants, an eli-
gible administrative entity shall, notwithstanding section
203(c), give priority to individuals who are economically
disadvantaged. Among such individuals, eligible school
dropouts shall be served on an equitable basis. For pur-
poses of this subsection, a school dropout is an individual
who is not attending any school and has not received a
secondary school diploma or certificate of high school
equivalency.
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PART C—STATE JOB PROGRAMS
SEC. 231. FINANCIAL ASSISTANCE FOR STATE JOB PRO-
GRAMS.
(a) USE OF ALLOTTED FUNDS.—Five percent of the
sums allotted to each State under section 204 shall be
available for purposes of this part.
(b) USE OF FUNDS.—The sums available under sub-
section (a) shall be used for employment of eligible partici-
pants under this subtitle—
(1) through State-administered programs and
activities authorized under section 201, such as
those in—
(A) State parks, forests, recreation, and
conservation programs (including rangeland re-
habilitation and improvement and beach front
erosion rehabilitation and repair);
(B) State hospitals and other institutions
and facilities providing health care;
(C) State correctional institutions and pro-
grams, including juvenile facilities; and
(D) State administered social service pro-
grams (including State-sponsored pre-school
and child care programs);
(2) through special assistance (in conjunction,
as appropriate, with eligible administrative entities
under subtitle B) for areas which have experienced
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sudden or severe economic dislocations, including
large scale losses of jobs caused by the closing of fa-
cilities (including defense related facilities) or mass
layoffs;
(3) through State-directed emergency aid pro-
grams to cope with natural disasters, including ero-
sion, flood, drought, and storm damage assistance
and control activities; and
(4) through special assistance to seasonal farm-
workers and small farmers in rural agricultural
areas which have experienced substantial losses of
jobs due to the rising numbers of farm mortgage
foreclosures and other severe economic disruption (in
conjunction, as appropriate, with administrative en-
tities under subtitle B or with related programs
under the Job Training Partnership Act (29 U.S.C.
1501, et seq.), or both).
(c) PROGRAM AND ACTIVITY SELECTION AND DE-
SIGN.—In determining the programs and activities to re-
ceive funds allotted under subsection (a), the State shall
give first priority to the establishment of those programs
and activities which will provide job sites—
(1) within jurisdictions defined in section 204;
or
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(2) only after such priority is met by the State,
within areas in the State in which the rate of unem-
ployment is the highest.
In designing projects under this section, the State shall
evaluate projects on the basis of the severity and duration
of unemployment within localities in the State and the
level of need which exists for the activities and services
to be provided.
(d) STATEMENT REQUIRED.—Each State which de-
sires to expend funds under this part shall, within 30 days
after receiving notice of its allotment, submit to the Sec-
retary a statement—
(1) agreeing to use such funds only in accord-
ance with the provisions of this Act; and
(2) agreeing to provide each of the quarterly re-
ports required by subsection (e).
(e) REPORTS REQUIRED.—Not later than 30 days
after the end of each calendar quarter, each State which
has, during such quarter, expended funds made available
under this part (in that or a preceding quarter) shall sub-
mit to the Secretary a report on the use of such funds.
Such report shall—
(1) describe in detail the jobs created with such
funds including—
(A) the nature of the employment activity;
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(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.
Subtitle C—Employment Activities —Repair
and Renovation of Educational Facilities
PART A—ELEMENTARY AND SECONDARY
SCHOOL FACILITIES IMPROVEMENT JOBS.
SEC. 241. SCHOOL FACILITY REPAIR AND RENOVATION
PROJECTS.
(a) USE OF FUNDS AUTHORIZED.—Funds shall be
made available under this part for any fiscal year to any
eligible local education agency in an eligible jurisdiction
under section 211 and shall be used to carry out projects
and activities (in accordance with the limitation on use
of funds set forth in section 204) providing employment
to eligible participants (qualifying under section 203) in
work on the repair, renovation, restoration or rehabilita-
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tion of the public school facilities of such local education
agency.
(b) USE OF QUICK-START PROJECTS.—To the maxi-
mum extent feasible, funds made available under this part
shall be used for projects or activities on which on-site
labor can begin within 30 days of receipt of funds under
this part.
(c) PERMITTED USE OF FUNDS.—Funds available
under this part shall be used in accordance with State and
local procedures—
(1) for assisting State and local educational
agencies in bringing their public school facilities into
conformity with the requirements of—
(A) the Act of August 12, 1968, commonly
known as the Architectural Barriers Act of
1968;
(B) section 504 of the Rehabilitation Act
of 1973;
(C) the Americans with Disabilities Act;
and
(D) environmental protection or health and
safety programs mandated by Federal, State or
local law, especially for those facilities which
were constructed before such requirements were
in effect;
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(2) for the repair, renovation, restoration, or re-
habilitation of public school facilities, including elec-
trical rewiring for new technology;
(3) for conversion of presently unused or
underused facilities into adult training centers or
preschool education centers, including Head Start
centers;
(4) for remodeling or renovating structures to
make them more energy efficient; or
(5) for detecting, removing or otherwise con-
taining lead or asbestos in academic or other facili-
ties used by students.
(d) TRIBAL SCHOOL PROJECTS.—
(1) APPLICATION
REQUIRED.—Funds made
available to the Secretary of the Interior shall be
made available, upon application, to Indian tribal
schools for purposes consistent with subsection (c),
and consistent with Federal and Tribal procedures.
Such applications shall contain a description of the
activities to be performed, with estimates of the
costs associated with such activities, and shall give
priority to the employment of Native Americans, and
to the activities described in subsection (c)(1).
(2) REGULATIONS.—The Secretary of the Inte-
rior shall, not later than 120 days after the date of
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enactment of this Act, promulgate regulations nec-
essary for the establishment of the program author-
ized under this subsection. In addition, The Sec-
retary of the Interior shall, during the 120-day pe-
riod and annually thereafter, establish by regulation
priorities for making grants under this subsection
which are consistent with subsection (c).
(3) COMPLIANCE WITH ALLOTMENT REQUIRE-
MENTS.—For purposes of section 242, the Depart-
ment of the Interior shall be considered as a State
educational agency.
(4) RULE
OF
CONSTRUCTION.—Nothing con-
tained in this subsection shall be construed so as to
relieve the Secretary of the Interior of the respon-
sibility to provide adequate and equitable funding
under the Snyder Act (25 U.S.C. 13) for the oper-
ations and maintenance of Indian tribal school facili-
ties.
SEC. 242. ALLOTMENT OF FUNDS.
(a) FUNDS RESERVED.—From the amount available
for purposes of this part for any fiscal year, the Secretary
shall reserve 2 percent for the allotment among Native
American eligible jurisdictions described in section
211(b)(4). Such reserved amount shall be allotted among
Native American eligible jurisdictions on an equitable
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basis, taking into account the extent to which regular em-
ployment opportunities have been lacking for long-term
periods among individuals within the jurisdiction of such
entities.
(b) LOCAL EDUCATIONAL AGENCY ALLOTMENTS.—
The remainder of the amount available for purposes of
this part for any fiscal year shall be allotted by the Sec-
retary among local educational agencies located within eli-
gible jurisdictions (as determined by section 211(b)) by
allocating to each such local educational agency an
amount that bears the same ratio to such remainder as
the allotment (under such 212(b)(2)) of the eligible juris-
diction within which it is located bears to the sum of the
allotments to all eligible jurisdictions under such section.
SEC. 243. REQUIREMENTS FOR RECEIPT OF ALLOTMENT.
(a) STATEMENT REQUIRED.—
(1) CONTENTS
OF
STATEMENT.—Each local
educational agency which desires to receive its allot-
ment under section 242 shall, within 30 days after
receiving notice of such allotment, submit to the Sec-
retary a statement—
(A) agreeing to use such funds only in ac-
cordance with the provisions of this Act; and
(B) agreeing to provide each of the quar-
terly reports required by subsection (c).
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(2) ACTION BY SECRETARY.—Within 30 days
after the final day for the submission of statements
required by paragraph (1), the Secretary shall, on
the basis of only those local educational agencies
submitting such statements, make a final allotment
of funds in accordance with section 242, and shall
notify each such agency of the amount of its final
allotment.
(b) PAYMENTS OF ALLOTMENTS.—
(1) PROSPECTIVE PAYMENT RULE.—For fiscal
years beginning after the date of enactment of this
Act, the Secretary shall pay to each local educational
agency which has filed a statement in accordance
with subsection (a) its allotment for that fiscal year.
Such payments shall be made in equal installments
not later than 5 days after the beginning of each
quarter for which funds are available.
(2) PREVIOUS
FISCAL
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 local edu-
cational agency which has filed such a statement the
total amount of such allotment.
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(c) REPORTS REQUIRED.—Not later than 30
days after the end of each calendar quarter, each
local educational agency which has, during such
quarter, expended funds made available under this
part (in that or a preceding quarter) shall submit to
the Secretary a report on the use of such funds.
Such report shall—
(1) describe in detail the jobs created with such
funds including—
(A) the nature of 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 local educational agency 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.
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PART B—HIGHER EDUCATION FACILITY
IMPROVEMENT PROJECTS
SEC. 251. ACADEMIC FACILITY REPAIR AND RENOVATION
PROJECTS.
(a) USE OF FUNDS AUTHORIZED.—The funds made
available to any institution of higher education under this
part for any fiscal year shall be used to carry out projects
and activities (in accordance with the limitation on the use
of funds set forth in section 204) providing employment
to eligible participants (qualifying under section 203) in
work on the repair, restoration, renovation or rehabilita-
tion of the academic facilities of such institution.
(b) USE OF QUICK-START PROJECTS.—To the maxi-
mum extent feasible, funds made available under this part
shall be used for projects or activities on which on-site
labor can begin within 90 days of receipt of funds under
this part.
(c) PERMITTED USE OF FUNDS.—
(1) ELIGIBLE
PROJECTS.—Funds allotted to
each State under section 252 shall be made available
through the higher education building agency of
such State, in accordance with its State plan under
part A of title VII of the Higher Education Act of
1965, to assist institutions of higher education in
carrying out eligible projects under that title for the
repair, restoration, renovation, and rehabilitation of
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academic facilities and libraries if the primary pur-
pose of such assistance is—
(A) to enable such institutions to econo-
mize on the use of energy resources, with a pri-
ority for the use of coal, solar, and renewable
resources;
(B) to enable such institutions to bring
their academic facilities and libraries into con-
formity with the requirements of—
(i) the Act of August 12, 1968, com-
monly known as the Architectural Barriers
Act of 1968;
(ii) section 504 of the Rehabilitation
Act of 1973;
(iii) the Americans with Disabilities
Act; and
(iv) 
environmental 
protection 
or
health and safety programs mandated by
Federal, State or local law, especially for
those facilities which were constructed be-
fore such requirements were in effect;
(C) for the repair, renovation, restoration,
or rehabilitation of research and post secondary
technical training facilities, including electrical
rewiring for new technology;
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(D) for detecting, removing or otherwise
containing lead or asbestos in academic or other
facilities used by students.
(2) USE AT INSTITUTIONS LOCATED IN ELIGI-
BLE JURISDICTIONS.—Funds allotted under section
252 shall be made available only to institutions of
higher education that are located within eligible ju-
risdictions under section 211(b), except that the Sec-
retary may waive the requirements of this paragraph
for any State if there are no institutions of higher
learning located within any of the eligible jurisdic-
tions within such State.
(3) SELECTION
OF
ELIGIBLE
PROJECTS.—In
selecting projects to be funded under this part, the
higher education building agency shall give priority
to projects at those institutions of higher edu-
cation—
(A) with the greatest proportion of stu-
dents receiving Pell grants under the Higher
Education Act of 1965; and
(B) which have not been able to obtain
funds for the performance of the project
through the sale of bonds or other obligations.
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SEC. 252. ALLOTMENT OF FUNDS.
(a) FUNDS RESERVED.—From the amount available
for purposes of this part for any fiscal year, the Secretary
shall reserve 2 percent for the allotment among Native
American eligible jurisdictions described in section
211(b)(4). Such reserved amount shall be allotted among
Native American eligible jurisdictions on an equitable
basis, taking into account the extent which regular em-
ployment opportunities have been lacking for long-term
periods among individuals within the jurisdiction of such
entities.
(b) STATE ALLOTMENTS.—The remainder of the
amount available for purposes of this part for any fiscal
year shall be allotted by the Secretary among the States
by allocating to each State an amount that bears the same
ratio to such remainder as the sum of the allotments
(under such 212(b)(2)) of the eligible jurisdiction within
such State bears to the sum of the allotments to all eligible
jurisdictions under such section.
(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.—
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(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
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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
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(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
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(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 1996, 1997, 1998, 1999, and
2000.
(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
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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
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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
section 6(a)(1) of the Fair Labor Standards Act of 1938,
unless such individual has moved to follows a spouse.
(f) POLITICAL ACTIVITIES PROHIBITED.—Financial
assistance under this shall not be provided for any pro-
gram which involves political activities.
(g) WAGE RATES.—
(1) MINIMUM
OR
PREVAILING
HOURLY
RATE
REQUIRED.—An individual in employment subsidized
under this Act shall be paid wages which shall not
be less than the highest of—
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(A) the minimum wage under section
6(a)(1) of the Fair Labor Standard Act of
1938;
(B) the minimum wage under appropriate
State or local minimum wage law; or
(C) the prevailing rate of pay for individ-
uals employed in similar occupations by the
same employer.
(2) MAXIMUM
AVERAGE
RATE.—The average
weekly portion of wages which may be paid to par-
ticipants from funds made available under this Act
for any fiscal year shall not exceed the amount de-
termined and published annually by the Secretary
before the beginning of such fiscal year. Such
amount shall be equal to—
(A) the national average weekly earnings
of production or nonsupervisory workers in pri-
vate, non-farm payrolls (as determined by the
Bureau of Labor Statistics for the most recent
12 months preceding such fiscal year for which
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
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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-
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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.—
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(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.
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(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
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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—
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(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-
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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
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(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
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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
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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.
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(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 ac-
complishing the purposes of this Act. The Comptrol-
ler General shall conduct the evaluations whenever
necessary and shall periodically (at least annually)
report to the Congress on the findings of such eval-
uations.
(2) IG RESPONSIBILITIES
NOT
AFFECTED.—
Nothing in this Act shall be deemed to relieve the
Inspector General of the Department of Labor or
the Inspector General of the Department of Edu-
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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
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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 appro-
priate 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-
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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
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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-
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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
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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—
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(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
(E) is a handicapped individual whose own
income meets the requirements of clause (A) or
(B), but who is a member of a family or house-
hold whose income does not meet such require-
ments;
(2) the term ‘‘institution of higher education’’
has the meaning provided under section 1201(a) of
the Higher Education Act of 1965;
(3) the term ‘‘local educational agency’’ has the
meaning provided in section 521(22) of the Carl D.
Perkins Vocational Education Act;
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(4) the term ‘‘public library’’ has the meaning
provided under section 3 of the Library Services and
Construction Act;
(5) the term ‘‘recipient’’ means any eligible ad-
ministrative entity or State or local educational
agency or government entity receiving funds under
an allotment under part A of title II, and any State
higher education building agency or institution of
higher education receiving funds under an allotment
under part B of such title;
(6) except as specifically provided elsewhere in
this Act, the term ‘‘Secretary’’ means the Secretary
of Labor, except that—
(A) for purposes of subtitle C of title II,
such term means the Secretary of Education;
and
(B) with respect to sections 302(h), 304,
and 305, such term means either the Secretary
of Labor or the Secretary of Education, which-
ever is appropriate;
(7) the term ‘‘State’’ means any of the 50
States, the District of Columbia, the Commonwealth
of the Northern Mariana Islands, the Common-
wealth of Puerto Rico, American Samoa, Guam, the
Virgin Islands of the United States, the Federated
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States of Micronesia, the Republic of the Marshall
Islands, and Palau;
(8) the term ‘‘unemployed individuals’’ means
individuals aged 16 or older who are without jobs
and who want or are available for work, as deter-
mined in accordance with criteria used by the Bu-
reau of Labor Statistics of the Department of Labor
in defining individuals as unemployed, but such cri-
teria shall not be applied differently on account of
an individual’s previous employment; and
(9) the term ‘‘unit of local government’’ means
any city, town, township, parish, or (except in Con-
necticut, Massachusetts, Rhode Island and Vermont)
county which is a general purpose political subdivi-
sion of a State that has the power to levy taxes and
expend funds, as well as general corporate and police
powers.
(b) USE OF DATA.—In making determinations for
purposes of this Act with respect to population, civilian
labor force, and unemployment, the Secretary shall use the
most satisfactory current data available on a seasonally
adjusted basis.
(c) COMPUTATIONS.—For the purposes of computa-
tions of the number of unemployed individuals in a State,
county, or eligible administrative entity, the Secretary
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shall determine the average number of individuals who
were unemployed during the most recent 12 months pre-
ceding the determination for which satisfactory data is
available.
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