I
103D CONGRESS
2D SESSION
H. R. 4183
To authorize the Secretary of Commerce to make grants to State and local
governments for infrastructure projects in distressed areas, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 13, 1994
Miss COLLINS of Michigan introduced the following bill; which was referred
to the Committee on Public Works and Transportation
A BILL
To authorize the Secretary of Commerce to make grants
to State and local governments for infrastructure
projects in distressed areas, 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 ‘‘Infrastructure Jobs
Act of 1993’’.
SEC. 2. 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, or other improvement 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 Act.
(b) COMPLETION OF PLANNING.—In addition, the
Secretary is authorized to make grants to any State or
local government for the completion of plans, specifica-
tions, and estimates for local public works projects where
either architectural design or preliminary engineering or
related planning has already been undertaken and where
additional architectural and engineering work or related
planning is required to permit construction of the project
under this Act.
(c) FEDERAL SHARE.—The Federal share of any
project for which a grant is made under this section shall
be 100 percent of the cost of the project.
SEC. 3. GRANTS SUPPLEMENTING OTHER FEDERAL GRANT
PROGRAMS.
(a) IN GENERAL.—In addition to the grants other-
wise authorized by this Act, the Secretary is authorized
to make a grant for the purpose of increasing the Federal
contribution to a public works project for which Federal
financial assistance is authorized under provisions of law
other than this Act.
(b) FEDERAL SHARE.—Any grant made for a public
works project under this section shall be in such amount
as may be necessary to make the Federal share of the
cost of such project 100 percent.
(c) LIMITATIONS.—No grant shall be made for a
project under this section unless the Federal financial as-
sistance for such project authorized under provisions of
law other than this Act is immediately available for such
project and construction of such project has not yet been
initiated because of lack of funding for the non-Federal
share.
SEC. 4. GRANTS SUPPLEMENTING STATE AND LOCAL
GRANT PROGRAMS.
(a) IN GENERAL.—In addition to the grants other-
wise authorized by this Act, the Secretary is authorized
to make a grant for the purpose of providing all or any
portion of the required State or local share of the cost
of any public works project for which financial assistance
is authorized under any provision of State or local law re-
quiring such contribution.
(b) AMOUNT OF GRANTS.—Any grant made for a
public works project under this section shall be made in
such amount as may be necessary to provide the requested
State or local share of the cost of such project.
SEC. 5. GENERAL LIMITATIONS.
(a) ACQUISITION OF LAND.—No part of any grant
made under section 2, 3, or 4 of this Act shall be used
for the acquisition of any interest in real property.
(b) MAINTENANCE COSTS.—Nothing in this Act shall
be construed to authorize the payment of maintenance
costs in connection with any projects constructed (in whole
or in part) with Federal financial assistance under this
Act.
(c) ON-SITE LABOR.—Grants made by the Secretary
under this Act shall be made only for projects for which
the applicant gives satisfactory assurances, in such man-
ner and form as may be required by the Secretary and
in accordance with such terms and conditions as the Sec-
retary may prescribe, that, if funds are available, on-site
labor can begin within 180 days of project approval.
(d) CONTRACTING.—
(1) CONTRACTING OUT REQUIRED.—No part of
the construction (including demolition and other site
preparation activities), renovation, repair, or other
improvement of any public works project for which
a grant is made under this Act shall be performed
directly by any department, agency, or instrumental-
ity of any State or local government.
(2) COMPETITIVE
BIDDING.—Construction of
each project for which a grant is made under this
Act shall be performed by contract awarded by com-
petitive bidding, unless the Secretary shall affirma-
tively find that, under the circumstances relating to
such project, some other method is in the public
interest.
(3) LOWEST RESPONSIVE BID.—Contracts for
the construction of each project for which a grant is
made under this Act shall be awarded only on the
basis of the lowest responsive bid submitted by a
bidder meeting established criteria of responsibility.
(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 Act, 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.
(e) BUY AMERICAN.—If a local public works project
carried out with Federal financial assistance under this
Act would be eligible for Federal financial assistance
under provisions of law other than this Act and, under
such other provisions of law, would be subject to title III
of the Act of March 3, 1933, popularly known as the Buy
American Act, or similar requirements, such project shall
ted by States or local governments having average
unemployment rates for the 12 most recent consecu-
tive months in excess of 6.0 percent, but less than
the national unemployment rate.
(2) INFORMATION REGARDING UNEMPLOYMENT
RATES.—Information regarding unemployment rates
may be furnished either by the Federal Government,
or by States or local governments, provided the Sec-
retary (A) determines that the unemployment rates
furnished by States or local governments are accu-
rate, and (B) shall provide assistance to States or
local governments in the calculation of such rates to
ensure 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 Act for 2 or more
projects, such State or local government shall submit as
part of such applications its priority for each such project.
(e) LOCALIZATION OF UNEMPLOYMENT DETERMINA-
TIONS.—The unemployment rate of a local government
shall, for the purposes of this Act, 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 government.
SEC. 8. PREVAILING RATE OF WAGES.
If a local public works project carried out with Fed-
eral financial assistance under this Act would be eligible
for Federal financial assistance under provisions of law
other than this Act and, under such other provisions of
law, would be subject to the Act of March 3, 1931, known
as the Davis-Bacon Act (40 U.S.C. 276a–276a–5), or
similar requirements, such project shall be subject to such
Act of March 3, 1931, or such similar requirements under
this Act in the same manner and to the same extent as
such project would be subject to such Act of March 3,
1931, or such similar requirements under such other pro-
visions of law.
SEC. 9. FUNDING.
There is authorized to be appropriated to carry out
this Act not to exceed $10,000,000,000.
SEC. 10. DEFINITIONS.
As used in this Act, the following definitions apply:
(1) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Commerce, acting through the Eco-
nomic Development Administration.
(2) LOCAL
GOVERNMENT.—The term ‘‘local
government’’ means any city, county, town, parish,
or other political subdivision of a State, and any In-
dian tribe.
(3) STATE.—The term ‘‘State’’ includes the
several States, the District of Columbia, the Com-
monwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and the Trust Territory
of the Pacific Islands.
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