(K) improvement and reuse of abandoned
railroad bed and right-of-way, and
(L) 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 activities de-
signed to enable parents to become fully em-
ployed,
(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, inhome serv-
ices, and respite care,
(F) disaster relief efforts to assist victims,
(G) upgrading personal and residential se-
curity for elderly and low-income residents of
public or publicly assisted housing,
(H) public health services, including assist-
ance in community health centers,
(I) emergency medical and rescue services,
(J) drug and alcohol abuse programs,
(K) domestic violence programs, including
prevention of child abuse,
(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,
(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.
(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 local Building
Trades Councils (as described in section 204(e)(2)),
(2) if a program designed to create or modify,
repair, rehabiltate or restore, buildings or other tan-
gible property, will be completed within 24 months,
(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
(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 consistent
with the provisions of law and policies relating to the
management and administration of such lands, with
all other applicable provisions of law, and with all
management, operational, and other plans and docu-
ments which govern the administration of the area.
SEC. 211. ELIGIBLE ADMINISTRATIVE ENTITIES.
(a) IN GENERAL.—Except as otherwise provided in
this section, an eligible administrative entity under this
title shall be an administrative entity under section
103(b)(1)(B) of the Job Training Partnership Act (29
U.S.C. 1513(b)(1)(B)) that serves one or more eligible ju-
risdictions.
(b) ELIGIBLE JURISDICTION.—An eligible jurisdic-
tion under this subtitle is an area which has an unemploy-
ment rate in excess of 6 percent and which is—
(1) a unit of general local government which
has a population of 50,000 or more individuals;
(2) a consortium of contiguous units of general
local government which includes—
(A) two or more municipal governments at
least one of which is an eligible jurisdiction
under paragraph (1);
(B) a combination of one or more such
municipal governments and one or more county
governments (or equivalents); or
(C) two or more county governments (or
equivalents) at least one of which is an eligible
jurisdiction under paragraph (1);
(3) a contiguous group of census tracts that
constitutes an area of substantial unemployment (as
that term is defined in section 212(c)) that is not
within an area that is an eligible jurisdiction under
paragraph (1) or (2); or
(4) any Native American Indian Tribe, band, or
group on a Federal or State reservation, the Okla-
homa Indians, and any Alaska Native village or
group as defined in the Alaska Native Claims Settle-
ment Act, having a governing body.
(c) QUALIFICATION
OF
ADMINISTRATIVE
ENTI-
TIES.—
(1) IN
GENERAL.—An administrative entity
that serves an eligible jurisdiction shall qualify as an
eligible administrative entity for that eligible juris-
diction by filing, within 30 days of the allotment of
funds to such area under section 212, a statement
in accordance with section 213 with respect to the
use of such allotment. If no such administrative en-
tity files such a statement within such 30 days, the
Secretary may, on the basis of the filing of such a
statement, qualify another administrative entity
within the same State to serve that jurisdiction.
(2) PRESERVATION
OF
LOCAL
SERVICE.—A
larger unit of general local government (determined
on the basis of population) shall not qualify as an
eligible administrative entity to serve the population
of any geographic area within the jurisdiction of any
smaller unit of general local government (determined
on the basis of population) if the latter such unit is
(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.
(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 rate of unemployment of at least 6.0
percent for the most recent 12 months as deter-
mined by the Secretary. Determinations of areas of
substantial unemployment shall be made once each
fiscal 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.—
(1) CONTENTS OF STATEMENT.—Each eligible
administrative entity which desires to receive its 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) 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 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.—
(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 that 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
(C) the duration of employment;
(2) contain adequate data to evaluate the char-
acteristics of participants in programs under this
subtitle, including the sex, race, 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 such entity has used such funds in accord-
ance 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.
SEC. 214. PROJECT DESIGN.
(a) PRIORITY.—In designing projects under this sub-
title, the eligible 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,
(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.
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 wages
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 D. Perkins Vocational Edu-
cation Act, the Family Support Act’s Job Opportunities
and Basic Skills Program, or other State or local public
or private education or training programs.
SEC. 222. ELIGIBLE YOUTH.
(a) EXEMPTION FROM UNEMPLOYMENT DURATION
REQUIREMENTS.—Notwithstanding section 203(a)(2) re-
garding the duration of unemployment—
(1) any youth aged 16 through 19,
(2) any youth aged 16 through 24 who is the
parent of a dependent non-custodial child, and who
executes an agreement of support and an authoriza-
tion for the withholding or a portion of the wages
from such activity for use in supporting such de-
pendent 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 shall, notwithstanding section 203(c),
give priority to individuals who are economically disadvan-
taged. Among such individuals, eligible school dropouts
shall be served on an equitable basis. For purposes 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.
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 preschool and
child care programs);
(2) through special assistance (in conjunction,
as appropriate, with eligible administrative entities
under subtitle B) for areas which have experienced
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 eligible administra-
tive entities under subtitle B or with related pro-
grams 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
(2) only after such priority is met in 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 such 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,
(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 FACILITY 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-
tion of the public school facilities of such 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;
(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
enactment of this Act, promulgate regulations nec-
essary for the establishment of the program author-
ized under this subsection. In addition, the Secretary
of the Interior shall, during the 120-day period 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 the purposes of section 242, the De-
partment of the Interior shall be considered as a
State educational agency.
(4) RULE
OF
CONSTRUCTION.—Nothing con-
tained in this subsection shall be construed to relieve
the Secretary of the Interior of the responsibility to
provide adequate and equitable funding under the
Snyder Act (25 U.S.C. 13) for the operations and
maintenance of Indian tribal school facilities.
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 allotment among Native Amer-
ican eligible jurisdictions described in section 211(b)(4).
Such reserved amount shall be allotted among Native
American eligible jurisdictions on an equitable basis, tak-
ing into account the extent to which regular employment
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 section 212(b)(2)) of the eligible ju-
risdiction within which it is located bears to the sum of
the allotments to all eligible jurisdictions under such sec-
tion.
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).
(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) 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 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 YEARS.—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.
(c) REPORTS REQUIRED.—Not later than 30 days
after the end of each calendar quarter, each local edu-
cational agency which has, during such quarter, expended
(or made available to a local educational agency for ex-
penditure) 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 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 the race, sex, age, handicapped sta-
tus, and veteran status of such participants; and
(3) contain such other information as the Sec-
retary may specifically request in order to ascertain
whether such agency has used such funds in accord-
ance 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 403.
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 use
of funds set forth in section 204) providing employment
to eligible participants (qualifying under section 203) in
(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) to enable such institutions to renovate
research facilities and post secondary technical
training facilities, including electrical rewiring
for new technology; or
(D) to enable such institutions to detect,
remove, or otherwise contain asbestos hazards
in academic or other facilities used by students.
(2) USE AT INSTITUTIONS LOCATED IN ELIGI-
BLE JURISDICTIONS.—Funds alloted 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
education located within the eligible jurisdictions
within such State.
(3) SELECTION
OF
ELIGIBLE
PROJECTS.—In
selecting eligible projects for the use of funds under
this part, the higher education building agency shall
give priority to projects at those institutions of high-
er education—
(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.
SEC. 252. ALLOTMENT OF FUNDS.
(a) ALLOTMENT FORMULA.—
(1) FUNDS
RESERVED.—From the amount
available for purposes of this part for any fiscal
year, the Secretary shall reserve 2 percent for allot-
ment among Native American eligible jurisdictions
described in section 211(b)(4). Such reserved
amount shall be alloted among Native American eli-
gible jurisdictions on an equitable basis, taking into
account the extent to which regular employment op-
portunities have been lacking for long-term periods
among individuals within the jurisdiction of such en-
tities.
(2) STATE
ALLOTMENTS.—The remainder of
the amount available for purposes of this part shall
be alloted by the Secretary among the States by allo-
cating to each State an amount that bears the same
ratio to such remainder as the sum of the allotments
(under section 212(b)(2)) of the eligible jurisdictions
within such State bears to the sum of the allotments
to all eligible jurisdictions under such section.
(b) ADMINISTRATIVE COSTS.—From the amount
alloted to any State under subsection (a), the higher edu-
cation building agency shall reserve not more than 1 per-
cent thereof for its necessary administrative costs in carry-
ing out the purposes of this part.
SEC. 253. REQUIREMENTS FOR RECEIPT OF ALLOTMENT.
(a) STATEMENT REQUIRED.—
(1) CONTENT
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 statements required by paragraph (1),
the Secretary shall, on the basis of only those States
submitting such statements, make a final allotment
of funds in accordance with section 252, and shall
notify each State of the amount of its final allot-
ment.
(b) PAYMENT OF ALLOTMENTS.—
(1) PROSPECTIVE PAYMENT RULE.—For fiscal
years beginning after the date of enactment of this
Act, the Secretary shall pay to each State which has
filed a statement in accordance with subsection (a)
its allotment for that fiscal year. Such payments
shall be made in equal installments not later than 5
days after the beginning of each quarter for which
funds are available.
(2) PREVIOUS FISCAL YEARS.—For any fiscal
year which begins 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 (or made available for
expenditure) 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 the employment activity,
(B) the wage rates paid, and
(C) the duration of employment;
(2) contain adequate data to evaluate the char-
acteristics of participants in programs under this
part, including race, sex, age, handicapped status,
and veteran status of participants; and
(3) contain such other information as the Sec-
retary may specifically request in order to ascertain
whether such State has used such funds in accord-
ance 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 agen-
cy’’ has the meaning provided under 734(b) of the
Higher Education Act of 1965;
(4) the term ‘‘Indian tribal school’’ means any
school operated by an Indian tribe under the Indian
Self-Determination and Education Assistance Act
(Public Law 93–638); and
(5) the term ‘‘institution of higher education’’
has the meaning provided under section 1201(a) of
the Higher Education Act of 1965.
PART D—AUTHORIZATION OF APPROPRIATIONS
SEC. 271. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—In order to provide employment
opportunities for unemployed individuals under this title
there are authorized to be appropriated $45,000,000,000
for each of the fiscal years 1996, 1997, 1998, 1999, and
2000.
(b) DIVISION BETWEEN SUBTITLES.—Of the amount
appropriated pursuant to subsection (a) for any fiscal
year—
(1) 80 percent shall be available for purposes of
subtitle B,
(2) 10 percent shall be available for purposes of
part A of subtitle C, and
(3) 10 percent shall be available for purposes of
part B of subtitle C.
TITLE III—GENERAL PROVISIONS
SEC. 301. GENERAL REQUIREMENTS.
(a) DISCRIMINATION PROHIBITED.—
(1) EXCLUSION PROHIBITED.—No person shall
be excluded from participation in, denied the bene-
fits of, subjected to discrimination under, or denied
employment in the administration of or in connec-
tion with any program under this Act because of
race, color, religion, sex, national origin, age, handi-
cap, or political affiliation or belief.
(2) SECTARIAN PURPOSES PROHIBITED.—Par-
ticipants under this Act shall not be employed on the
construction, operation, or maintenance of so much
of any facility as is used or to be used for sectarian
instruction or as a place for 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 FOR SUPPLEMENTARY ACTIVI-
TIES.—Funds provided under this Act shall only be used
for activities which are in addition to those which would
otherwise be available in the area in the absence of such
funds.
(c) SUBSTITUTION
FOR GOVERNMENT PROGRAMS
PROHIBITED.—No funds made available under this Act
for subsidized employment may be provided to a private
organization, institution, or contractor to conduct any ac-
tivities customarily performed by employees of a State, a
political subdivision, or a local educational agency in the
area served by the program.
(d) SERVICES TO RESIDENTS.—Only individuals re-
siding in the area of an eligible jurisdiction under title II
may participate in activities funded under such titles, ex-
cept 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 6 months, voluntarily
terminated, without good cause, his or her last previous
full-time employment at a wage rate equal to or exceeding
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 follow a spouse.
(f) POLITICAL ACTIVITIES PROHIBITED.—Financial
assistance under this Act shall not be provided for any
program 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—
(A) the minimum wage under section
6(a)(1) of the Fair Labor Standards Act of
1938,
(B) the minimum wage under the appro-
priate State or local minimum wage law, or
(C) the prevailing rates of pay for individ-
uals employed in similar occupations by the
same employer.
(2) MAXIMUM
AVERAGE
RATE.—The average
weekly portion of the wages which may be paid to
participants from funds made available under this
Act for any fiscal year shall not exceed the amount
determined 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, nonfarm payrolls (as determined by the
Bureau of Labor Statistics for the most recent
12 months preceding such fiscal year for which
that determination is available),
(B) multiplied by 75 percent, and
(C) rounded up to the nearest $10.
(3) SUPPLEMENTATION
PERMITTED.—Partici-
pants employed under this Act may have their wages
supplemented by the payment of additional wages
for such employment from sources other than this
Act.
(4) TIME
OFF.—Participants employed under
this Act shall be allowed sufficient time off from
work activities to participate effectively in job search
activities.
(5) PART-TIME/FLEX-TIME.—Funds under this
Act may be used to employ individuals in part-time,
flexible-time, and work-sharing employment cus-
tomarily offered by the employer, if such individuals
receive benefits customarily provided with respect to
such employment by the same employer.
(6) WORK RECORDS.—Programs under this Act
shall maintain an individual work record for each
participant, to be provided to each participant at the
end of his or her participation, which shall contain—
(A) a documentary history of the experi-
ence and skills acquired by such participant,
and
(B) a list of the major work tasks com-
pleted by each participant.
(h) EXPENDITURE SCHEDULE.—Any funds appro-
priated to carry out this Act which are alloted for any
fiscal year shall be available for expenditure by the recipi-
ent during a period of 1 year from the date of payment
to the recipient. No part of any allotment shall be revoked
or cancelled as long as the funds so alloted are expended
by the recipient within such 1-year period. If any such
funds are not so expended, the Secretary shall reallot an
amount equal to such unexpended funds among other eli-
gible recipients in accordance with this Act.
(i) PROGRAM ABUSE REGULATIONS.—Regulations
promulgated by the Secretary under section 123(g) of the
Comprehensive Employment and Training Act as in effect
on April 1, 1981, shall apply to funds provided under this
Act for the purpose of assuring against program abuses,
including, but not limited to, nepotism, conflicts-of-inter-
ests, the charging of fees in connection with participation
in the program; excessive or unreasonable legal fees; the
improper commingling of funds under this Act with funds
received from other sources; the failure to keep and main-
tain sufficient, auditable, or otherwise adequate records;
kickbacks; political patronage; violations of applicable
child labor laws; the use of funds for lobbying local, State,
or Federal legislators, and the use of funds for activities
which are not directly related to the proper operation of
the program.
SEC. 302. LABOR STANDARDS.
(a) CONDITIONS AND BENEFITS.—
(1) WORKING CONDITIONS.—Conditions of em-
ployment and training shall be appropriate and rea-
sonable in light of such factors as the type of work,
geographical region, and proficiency of the partici-
pant.
(2) HEALTH, SAFETY, AND DISABILITY REGU-
LATIONS.—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, 1983, shall apply to
participants 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 requirements of the Social Security Act.
(b) PROTECTION OF EXISTING WORKERS.—
(1) DISPLACEMENT
PROHIBITED.—No cur-
rently employed worker shall be displaced by any
participant (including partial displacement such as a
reduction in the hours of nonovertime work, wages,
or employment benefits).
(2) IMPAIRMENT OF CONTRACTS AND AGREE-
MENTS PROHIBITED.—No program shall impair ex-
isting contracts for services or collective-bargaining
agreements, except that no program under this Act
which would be inconsistent with the terms of a col-
lective-bargaining agreement shall be undertaken
without the written concurrence of the labor organi-
zation and employer concerned.
(3) FILLING OF LAID-OFF POSITIONS PROHIB-
ITED.—(A) No participant whose wages are sub-
sidized under this Act shall be employed or job open-
ing filled when any other individual is on layoff from
the same or any substantially equivalent job.
(B) No participant whose wages are subsidized
under this Act shall be employed or job opening
filled when, after the enactment of this Act, the em-
ployer terminates the employment of any regular
unsubsidized employee in the same or any substan-
tially equivalent job or otherwises reduces the num-
ber 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 REPORTS.—
(1) SUBMISSION TO LABOR ORGANIZATIONS.—
Each quarterly report submitted pursuant to section
212(c), 231(e), 243(c) or 253(c) shall be transmit-
ted by the recipient to any labor organization rep-
resenting government or private employees who are
engaged in similar work to that performed by em-
ployees whose wages are subsidized under this Act.
(2) CONTENTS OF REPORTS.—Each quarterly
report submitted pursuant to section 212(c), 231(e),
243(c), or 253(c) which is subject to the require-
ments of paragraph (3) shall, with respect to each
government department in which subsidized employ-
ment is provided under this Act, set forth—
(A) the number of all regular employees of
such department—
(i) during the quarter to which such
report applies and
(ii) during the quarter preceding the
enactment of this Act; and
(B) the number of employees subsidized
under this Act in such department during each
such quarter.
(3) ANALYSIS OF JOB REDUCTION REQUIRED.—
If, for two succeeding calendar quarters, there has
been an average decline of 5 percent or more in the
number of such unsubsidized employees in any such
department as compared to such number for the
quarter described in paragraph (2)(A)(ii), such re-
port shall include a statement identifying the jobs
which have been reduced and setting forth any rea-
sons that such reduction does not result from a fail-
ure 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 employing subsidized em-
ployees under this Act submits to the Secretary a
complaint alleging that section 301 or subsection (a)
or (b) of this section has been violated, a copy of
such complaint shall be transmitted at the same
time to such government to review such complaint
and to submit a reply to the Secretary within 15
days after receiving a copy of such complaint.
(2) INVESTIGATION OF COMPLAINTS.—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 such Department as to
whether the report or complaint warrants investiga-
tion by the Office of the Inspector General. After re-
viewing such recommendations, the Inspector Gen-
eral shall undertake any investigations (including an
audit, if appropriate) deemed to be warranted.
(4) DETERMINATIONS.—A determination of
whether a violation of subsection (b) of this section
has occurred shall be made after considering legiti-
mate bases 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 requirements 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 subsection (a) or (b) of this section has oc-
curred, 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-
section (a) or (b) of this section has occurred, which
shall constitute the final determination of the Sec-
retary for purposes of chapters 5 and 7 of title 5,
United States Code.
(6) REPAYMENT REMEDY.—The Secretary shall
institute proceedings under section 303(b) for the
repayment of funds determined to have been ex-
pended in violation of section 301 or subsection (a)
or (b) of this section.
(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 labor-
ers 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 wages at rates not less than
those prevailing on similar construction in the local-
ity as determined by the Secretary in accordance
with the Act of March 3, 1931 (commonly known as
the Davis-Bacon Act), as amended (40 U.S.C. 276a–
276a–5). The Secretary 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