[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2364 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2364

 To provide employment opportunities to unemployed individuals in high 
 unemployment areas in projects to repair and renovate vitally needed 
             community facilities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 9, 1993

 Mr. Williams introduced the following bill; which was referred to the 
                    Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
 To provide employment opportunities to unemployed individuals in high 
 unemployment areas in projects to repair and renovate vitally needed 
             community facilities, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act, together with the following table of contents, may be 
cited as the ``Jobs for the 1990's Act''.

                 TITLE I--GENERAL PURPOSE AND AUTHORITY

SEC. 101. STATEMENT OF PURPOSE.

    It is the purpose of this Act to provide productive and useful 
employment opportunities to unemployed individuals through payments for 
labor and related costs associated with the repair or rehabilitation of 
essential community and educational facilities; with the conservation, 
rehabilitation, and improvement of public lands; and with public 
safety, health, social service, and other activities necessary to the 
public welfare.

SEC. 102. ELIGIBLE PARTICIPANTS.

    (a) General Eligibility Requirements.--An individual shall be 
eligible to participate in a program or activity receiving funds under 
this Act only if such individual (1) is an unemployed individual at the 
time of enrollment, and (2) 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 
procedures agreed to by the eligible administrative entity and 
established in regulations by the Secretary.
    (b) Duration of Eligibility.--No individual who is eligible under 
subsection (a) shall receive wages from funds made available under this 
Act in excess of 26 weeks in any 2-year period.
    (c) Priority for Participation.--In the selection of participants 
for activities under this Act, priority shall be given to individuals 
who--
            (1) at the time of selection, have exhausted or are 
        otherwise not eligible for unemployment insurance benefits, 
        particularly--
                    (A) those individuals who have been unemployed for 
                the longest periods of time preceding the date of their 
                selection, and
                    (B) those residing in families in which no other 
                member is employed on a full-time basis; and
            (2) have been employed within the past 2 years by the 
        employer that is providing the subsidized job position.
    (d) Special Consideration for Veterans.--With regard to services to 
veterans provided under section 201(a)(3)(O), special consideration in 
selecting participants for employment in such activities should be 
given to veterans who otherwise meet the eligibility requirements in 
this section.
    (e) Equal Employment Opportunities.--In certifying eligible 
participants under subsection (a) and in referring them for employment 
to recipients under titles II and III, the administrative entity shall 
be responsible for ensuring equal employment opportunities and the full 
participation of traditionally underrepresented groups, including women 
and racial and ethnic minorities, in employment provided with funds 
made available under this Act. Each recipient of funds under title II 
or III shall be responsible for ensuring such opportunities and full 
participation in the selection of eligible participants for such 
employment.

SEC. 103. 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 titles II and III 
from funds appropriated for any fiscal year shall be used to provide 
for wages and related employment benefits to eligible participants for 
work which the recipient certifies has been performed in one or more of 
the activities authorized under this Act.
    (b) Limitation on Administrative Costs.--Not more than 10 percent 
of the funds provided to any recipient under title II or III from funds 
appropriated for any fiscal year may be used for the cost of 
administration.
    (c) Acquisition of Tools, Equipment, and Materials.--The remainder 
of the funds provided to any recipient under title II or III from funds 
appropriated for any fiscal year (after compliance with subsection (a) 
and deduction of cost of administration permitted by subsection (b)) 
may be used for the acquisition of supplies, tools, equipment, and 
other materials.
    (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 either in whole or in part, from non-Federal 
        sources or from Federal sources other than this Act, such as 
        section 106 of the Housing and Community Development Act of 
        1974 (42 U.S.C. 5306).
            (2) Buy american requirement.--In designing projects under 
        this Act, the recipient shall, to the extent feasible, ensure 
        that supplies, tools, equipment, or other materials purchased 
        or procured (in accordance with paragraph (1)) have been 
        manufactured, mined, or produced in the United States, unless 
        such supply, tool, equipment, or material is not available in 
        reasonable quantity and quality as required to fulfill the 
        needs of the project or activity.
    (e) Training Cost Exception.--Notwithstanding subsection (a), funds 
available under title II may be 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 participants 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 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 agency, an area 
        vocational education school, an institution of higher 
        education, a community-based organization, or other qualified 
        public or private nonprofit 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 401(g)(2).
    (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 supervisory employees--
            (1) at a rate which is greater than the rate of the 
        salaries or wages paid employees performing comparable 
        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 Government.

            TITLE II--COMMUNITY RENEWAL EMPLOYMENT PROGRAMS

PART A--COMMUNITY IMPROVEMENT PROJECTS

SEC. 201. EMPLOYMENT ACTIVITIES IN COMMUNITY IMPROVEMENT PROJECTS.

    (a) Qualified Activities.--Eligible participants shall be employed 
in community improvement projects under this title in one or more of 
the following activities:
            (1) Activities to repair, rehabilitate, or improve public 
        facilities, including (A) road and street repair, (B) bridge 
        painting and repair, (C) repair and rehabilitation of public 
        buildings and other community facilities, including public 
        libraries, (D) repair, modernization, and moderate 
        rehabilitation of public housing units, (E) repair and 
        rehabilitation of water systems and water development projects, 
        (F) repair and rehabilitation of public mass transportation 
        systems, (G) erecting or replacing traffic control signs and 
        removing road sign obstructions, (H) replacing school crossing, 
        intersection, and other road surface markings, (I) park and 
        playground rehabilitation, (J) installation and repair of 
        drainage pipes and catch basins in areas subject to flooding, 
        (K) installation of graded ramps for the handicapped, and (L) 
        weatherization and other energy conservation activities.
            (2) Activities to conserve, rehabilitate, or improve public 
        lands, including (A) erosion, fire, flood, drought, and storm 
        damage prevention, assistance, and control, (B) removal of 
        refuse and hazardous materials from drainage ditches, illegal 
        dumping sites, and other public areas, (C) stream, lake, and 
        waterfront harbor and port improvement and pollution control, 
        (D) forestry, nursery, and silvicultural operations, (E) fish 
        culture and habitat maintenance and improvement and other 
        fishery assistance, (F) rangeland conservation, rehabilitation, 
        and improvement, (G) reclamation of public lands damaged by 
        strip mining or other mineral extraction activities, (H) 
        wildlife habitat, rangelands, parks, and recreational areas; 
        (I) urban revitalization and historical and cultural site 
        preservation; (J) road and trail maintenance and improvement; 
        (K) wetlands protection and pollution control; (L) improvement 
        of abandoned railroad bed and right-of-way; (M) energy 
        conservation projects, renewable resource enhancement, and 
        recovery of biomass; and (N) reclamation and improvement of 
        strip-mined land.
            (3) Public safety, health, social service, and other 
        activities necessary to the public welfare, including (A) 
        repairing or replacing fire hydrants and assisting in fire 
        hazard inspections, (B) emergency food and shelter activities, 
        (C) child and dependent care activities specially designed to 
        enable parents to work, (D) assisting nutrition programs, (E) 
        other services for elderly and handicapped individuals, 
        including meals on wheels programs and inhome services, (F) 
        relief activities for victims in areas affected by disasters, 
        (G) upgrading home security for elderly and low-income 
        residents, (H) assisting public health programs, including 
        paraprofessional staff support for community health centers, 
        (I) emergency medical and rescue services, (J) drug and alcohol 
        abuse programs, (K) domestic violence programs, (L) education 
        and training assistance, such as literacy and basic skills 
        education, remedial tutoring, and occupational skills training, 
        (M) programs of English language instruction for unemployed 
        individuals with limited English proficiency, (N) assisting 
        public library programs, including library aides programs, (O) 
        employment counseling and other services to veterans, (P) 
        security guards for public schools and housing projects, (Q) 
        police dispatchers, clerical and traffic control personnel to 
        free police officers for full-time street duty, (R) staff 
        support for adult and juvenile correctional facilities, (S) 
        rodent and insect control activities, (T) hazardous materials 
        surveys, and (U) employment counseling and placement services.
    (b) Joint Programs Authorized.--Nothing in this Act shall be 
construed to preclude such activities from being conducted in 
conjunction with programs funded from sources other than under this 
Act.
    (c) Definition of Project.--For the purposes of this section, the 
term ``project'' means a definable task or a group of related tasks 
which--
            (1) will be carried out by a government department, public 
        agency, private nonprofit organization, or private contractor,
            (2) will be completed within 18 months,
            (3) is an activity authorized under this section or section 
        241(b),
            (4) will result in a specific product or accomplishment,
            (5) would not otherwise be conducted with existing funds, 
        and
            (6) will meet the priorities established in section 205.
    (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 provide a documented public benefit and 
        reimbursement will be provided to the recipient for that 
        portion of the total costs of the project which does not 
        provide a public benefit. Notwithstanding any other provision 
        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 title.
            (2) Consistency with laws and policies.--All projects 
        carried out under this Act for conservation, rehabilitation, 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 documents which govern the 
        administration of the area.

SEC. 202. 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 for one or more 
eligible jurisdictions.
    (b) Eligible Jurisdiction.--An eligible jurisdiction under this 
title is an area which has an unemployment rate in excess of 6.5 
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 each 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 such term is defined in 
        section 203(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 Oklahoma Indians, and any 
        Alaska Native village or group as defined in the Alaska Native 
        Claims Settlement Act, having a governing body.
    (c) Qualification of Administrative Entities.--
            (1) In general.--An administrative entity that serves an 
        eligible jurisdiction shall qualify as an eligible 
        administrative entity for that eligible jurisdiction by filing, 
        within 30 days of the allotment of funds to such area under 
        section 203, a statement in accordance with section 204 with 
        respect to the use of such allotment. If no such administrative 
        entity 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 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 or is part of an eligible administrative 
        entity that has filed a statement under section 204 with 
        respect to the use of funds provided under this title for such 
        area.

SEC. 203. 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 part C), the Secretary shall reserve 2 percent 
        for allotment among Native American eligible jurisdictions 
        described in section 202(b)(4) in accordance with paragraph 
        (2).
            (2) Allotments.--The amounts which are required by 
        paragraph (1) to be allotted in accordance with this paragraph 
        among Native American eligible jurisdictions shall be allotted 
        among such jurisdictions on an equitable basis, taking 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) General Allotments.--
            (1) Reservation.--The remainder of the amount available for 
        this title 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 
        jurisdictions within the State such amounts as determined by 
        the Secretary pursuant to the formula contained in paragraph 
        (2).
            (2) Formula.--Of the amounts allotted to eligible 
        jurisdictions for this part for each fiscal year--
                    (A) 33\1/3\ percent shall be allotted on the basis 
                of the relative number of unemployed individuals 
                residing in areas of substantial unemployment within 
                each eligible jurisdiction as compared to the total 
                number of such unemployed individuals in all eligible 
                jurisdictions in all States;
                    (B) 33\1/3\ percent shall be allotted on the basis 
                of the relative excess number of unemployed individuals 
                within each eligible jurisdiction as compared to the 
                total excess number of unemployed individuals in all 
                eligible jurisdictions in all States; and
                    (C) 33\1/3\ percent shall be allotted on the basis 
                of the relative number of unemployed individuals within 
                each eligible jurisdiction as compared to the total 
                number of unemployed individuals in all eligible 
                jurisdictions in all States.
            (3) Limitations on formula.--The total allotment 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 unemployment'' means any 
        area of sufficient size and scope to sustain a program under 
        this title and which has an average rate of unemployment of at 
        least 6.5 percent for the most recent 12 months as determined 
        by the Secretary. Determinations of areas of substantial 
        unemployment shall be made once each fiscal year.
            (2) The term ``excess number'' means the number which 
        represents the number of unemployed individuals 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 
        individuals in excess of 4.5 percent of the civilian labor 
        force in areas of substantial unemployment in such service 
        delivery area.

SEC. 204. REQUIREMENTS FOR RECEIPT OF ALLOTMENT.

    (a) Submission of Statement.--
            (1) Contents of statement.--Each eligible administrative 
        entity which desires to receive its allotment under section 203 
        shall, within 30 days after receiving notice of such allotment, 
        submit to the Secretary a statement--
                    (A) designating a fiscal agent for the receipt of 
                payments from such allotment;
                    (B) agreeing to use such funds only in accordance 
                with the provisions of this Act;
                    (C) agreeing to use such funds for projects or 
                activities under part A, B, and C of this title and 
                which, to the maximum extent feasible, on-site labor 
                can begin within 30 days of receipt of funds under this 
                title; and
                    (D) agreeing to provide each of the quarterly 
                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 203, 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 beginning 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 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 eligible administrative entity which has 
        filed such a statement the total amount of such allotment.
    (c) Reports on Use of Funds.--Not later than 30 days after the end 
of each calendar quarter, each eligible administrative entity which 
has, during such quarter, expended funds made available under this 
title (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 characteristics 
        of participants in programs under this title, including the 
        race, sex, age, handicapped status, and veteran status of 
        participants; and
            (3) contain such other information as the Secretary may 
        specifically request in order to ascertain whether 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 accordance with section 403.

SEC. 205. PROJECT DESIGN.

    (a) Priority.--In designing projects under this 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 administrative 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 activities and 
        services to be provided,
            (4) the extent to which will provide long-term benefits to 
        the public,
            (5) the extent to which will instill in the enrollee 
        involved, a work ethic and a sense of public service,
            (6) the extent to which will be labor intensive, and
            (7) the extent to which can be planned and initiated 
        promptly.
    (b) Coordination.--To the extent feasible, employment opportunities 
established with funds made available under this title 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.), economic development activities, and activities receiving funds 
available under section 106 of the Housing and Community Development 
Act of 1974 (42 U.S.C. 5306).

      PART B--COMMUNITY IMPROVEMENT ACTIVITIES FOR YOUTH TRAINEES

SEC. 221. YOUTH TRAINEE ACTIVITIES.

    (a) Use of Funds Authorized.--Funds under this title 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 
employment may be in any activity described in section 201 or may be at 
a work site operated by a public or private nonprofit agency or 
organization or by an employer organized 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 skill training 
or basic skill or employability development, including a program 
operated pursuant to section 104. Such enrollment shall be for at least 
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 receive funds under the Job Training 
Partnership Act (including the Job Corps), the Carl D. Perkins 
Vocational Education Act, or other State or local, public or private 
education or training programs.

SEC. 222. ELIGIBLE YOUTH.

    (a) Exemption From Unemployment Duration Requirements.--
Notwithstanding section 102(a)(2) regarding the duration of 
unemployment, any youth aged 16 through 19 who is currently unemployed 
shall be eligible to be a participant in activities conducted under 
this part.
    (b) Priority.--In selecting such participants, an eligible 
administrative entity shall, notwithstanding section 102(c), give 
priority to individuals who are economically disadvantaged. 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. 241. FINANCIAL ASSISTANCE FOR STATE JOB PROGRAMS.

    (a) Use of Allotted Funds.-- Five percent of the sums allotted to 
each State under section 203 shall be available for purposes of this 
part.
    (b) Use of Funds.--The sums available under subsection (a) shall be 
used for employment of eligible participants under this Act--
            (1) through State-administered programs and activities 
        authorized under section 201, such as those in (A) State parks, 
        forests, and conservation programs (including rangeland 
        rehabilitation and improvement), (B) State hospitals and other 
        institutions and facilities providing health care, (C) State 
        correctional institutions and programs, and (D) State-
        administered social service programs;
            (2) through special assistance (in conjunction, as 
        appropriate, with eligible administrative entities under title 
        II) for areas which have experienced sudden or severe economic 
        dislocations, including large-scale losses of jobs caused by 
        the closing of facilities or mass layoffs;
            (3) through State-directed emergency aid programs to cope 
        with natural disasters, including erosion, flood, drought, and 
        storm damage assistance and control activities; and
            (4) through special assistance to seasonal farmworkers 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 
        administrative entities under title II 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 Design.--In determining the 
programs and activities to receive 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 202, or (2) only after such priority 
is met in the State, within areas in the State in which the rate of 
unemployment 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 desires to expend funds 
under this part shall, within 30 days after receiving notice of such 
allotment, submit to the Secretary a statement--
            (1) agreeing to use such funds only in accordance with the 
        provisions of this Act; and
            (2) agreeing to provide each of the quarterly reports 
        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 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 characteristics 
        of participants in programs under this part, including the 
        race, sex, age, handicapped status, and veteran status of 
        participants; and
            (3) contain such other information as the Secretary may 
        specifically request in order to ascertain whether such entity 
        has used such funds in accordance with the requirements of this 
        Act.

   TITLE III--EDUCATIONAL FACILITY REPAIR AND RENOVATION EMPLOYMENT 
                               ACTIVITIES

   PART A--ELEMENTARY AND SECONDARY SCHOOL FACILITY IMPROVEMENT JOBS

SEC. 301. 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 educational agency 
in an eligible jurisdiction under section 202 and shall be used to 
carry out projects and activities (in accordance with the limitation on 
use of funds set forth in section 103) providing employment to eligible 
participants (qualifying under section 102) in work on the repair, 
renovation, or rehabilitation of the public school facilities of such 
agency.
    (b) Use of Quick-Start Projects.--To the maximum 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, or rehabilitation of public 
        school facilities, including electrical rewiring for new 
        technology;
            (3) for conversion of presently unused structures into 
        adult training centers;
            (4) for remodeling or renovating structures to make them 
        more energy efficient; or
            (5) for detecting, removing, or otherwise containing 
        asbestos in academic or other facilities 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 
        activities described in subsection (c)(1).
            (2) Regulations.--The Secretary of the Interior shall, not 
        later than 120 days after the date of enactment of this Act, 
        promulgate regulations necessary for the establishment of the 
        program authorized under this subsection. In addition, the 
        Secretary of the Interior shall, during such 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 requirements.--For the 
        purposes of section 303, the Department of the Interior shall 
        be considered a State educational agency.
            (4) Rule of construction.--Nothing contained 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. 302. 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 American eligible jurisdictions described in 
section 202(b)(4). Such reserved amount shall be allotted among Native 
American eligible jurisdictions on an equitable basis, taking 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 Secretary among local educational agencies located 
within eligible jurisdictions (as determined under 202(b)) by 
allocating to each such local educational agency an amount that bears 
the same ratio to such remainder as the allotment (under section 
203(b)(2)) of the eligible jurisdiction within which it is located 
bears to the sum of the allotments to all eligible jurisdictions under 
such section.

SEC. 303. REQUIREMENTS FOR RECEIPT OF ALLOTMENT.

    (a) Statement Required.--
            (1) Contents of statement.--Each local educational agency 
        which desires to receive its allotment under section 302 shall, 
        within 30 days after receiving notice of such allotment, submit 
        to the Secretary a statement--
                    (A) agreeing to use such funds only in accordance 
                with the provisions of this Act; and
                    (B) agreeing to provide each of the quarterly 
                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 302, 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 educational 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 educational agency which has, during such 
quarter, expended (or made available to a local educational agency 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 characteristics 
        of participants in programs under this part, including the 
        race, sex, age, handicapped status, and veteran status of 
        participants; and
            (3) contain such other information as the Secretary may 
        specifically request in order to ascertain whether such 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 403.

         PART B--HIGHER EDUCATION FACILITY IMPROVEMENT PROJECTS

SEC. 321. 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 103) providing 
employment to eligible participants (qualifying under section 102) in 
work on the repair, renovation, or rehabilitation of the academic 
facilities of such institution.
    (b) Use of Quick-Start Projects.--To the maximum extent feasible, 
funds made available under this part shall be used for projects or 
activities on which on-site labor can begin within 120 days of receipt 
of funds under this part.
    (c) Permitted Uses of Funds.--
            (1) Eligible projects.--Funds allotted to each State under 
        section 322 shall be made available through the higher 
        education building agency of such, 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, 
        renovation, and rehabilitation of academic facilities and 
        libraries if the primary purpose of such assistance is--
                    (A) to enable such institutions to economize on the 
                use of energy resources, with a priority for the use of 
                coal, solar, and renewable resources;
                    (B) to enable such institutions to bring their 
                academic facilities and libraries into conformity with 
                the requirements of--
                            (i) the Act of August 12, 1968, commonly 
                        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 before such requirements 
                        were in effect;
                    (C) to enable such institutions to renovate 
                research facilities and postsecondary 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 eligible 
        jurisdictions.--Funds allotted under section 322 shall be made 
        available only to institutions of higher education that are 
        located within eligible jurisdictions under section 202(b), 
        except that the Secretary 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 higher education--
                    (A) with the greatest proportion of students 
                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. 322. 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 allotment among Native American eligible 
        jurisdictions described in section 202(b)(4). Such reserved 
        amount shall be allotted among Native American eligible 
        jurisdictions on an equitable basis, taking into account the 
        extent to which regular employment opportunities have been 
        lacking for long-term periods among individuals within the 
        jurisdiction of such entities.
            (2) State allotments.--The remainder of the amount 
        available for purposes of this part 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 section 203(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 allotted to any State 
under subsection (a), the higher education building agency shall 
reserve not more than 1 percent thereof for its necessary 
administrative costs in carrying out the purposes of this part.

SEC. 323. REQUIREMENTS FOR RECEIPT OF ALLOTMENT.

    (a) Statement Required.--
            (1) Contents of statement.--Each State which desires to 
        receive its allotment under section 322 shall, within 30 days 
        after receiving notice of such allotment, submit to the 
        Secretary a statement--
                    (A) designating a fiscal agent for the receipt of 
                payments from such allotment;
                    (B) agreeing to use such funds only in accordance 
                with the provisions of this Act; and
                    (C) agreeing to provide each of the quarterly 
                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 statements, make a final allotment of funds in 
        accordance with section 322, and shall notify each State of the 
        amount of its final allotment.
    (b) Payment of Allotments.--
            (1) Prospective payment rule.--For fiscal years beginning 
        after the date of enactment of this Act, the Secretary shall 
        pay to each State which has filed a statement in accordance 
        with subsection (a) its allotment for that fiscal year. Such 
        payments shall be made in equal installments not later than 5 
        days after the beginning of each quarter for which funds are 
        available.
            (2) Previous fiscal 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 
        State 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 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 characteristics 
        of participants in programs under this part, including the 
        race, sex, age, handicapped status, and veteran status of 
        participants; and
            (3) contain such other information as the Secretary may 
        specifically request in order to ascertain whether such 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 403.

               PART C--SPECIAL DEFINITIONS FOR TITLE III

SEC. 341. DEFINITIONS.

    Notwithstanding section 406, for purposes of this title--
            (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 Elementary and Secondary 
        Education Act of 1965;
            (3) the term ``higher education building agency'' 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.

                      TITLE IV--GENERAL PROVISIONS

SEC. 401. GENERAL REQUIREMENTS.

    (a) Discrimination Prohibited.--
            (1) Exclusion prohibited.--No person shall be excluded from 
        participation in, denied the benefits of, subjected to 
        discrimination under, or denied employment in the 
        administration of or in connection with any program under this 
        Act because of race, color, religion, sex, national origin, 
        age, handicap, or political affiliation or belief.
            (2) Sectarian purposes prohibited.--Participants 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 supported by funds provided 
        under this Act, such individuals shall not be discriminated 
        against solely because of their status as participants under 
        this Act.
    (b) Use of Funds for Supplementary Activities.--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 
activities 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 residing in the area 
of an eligible jurisdiction under title II may participate in 
activities funded under title II or III, except that a recipient may 
permit participation by homeless individuals who cannot prove residence 
within the eligible jurisdiction.
    (e) Hiring of Voluntarily Terminated Workers 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, 
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 applicable State or 
        local minimum wage law, or (C) the prevailing rates of pay for 
        individuals 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 
        an 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 on private, non-
                farm 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 to the nearest $10.
            (3) Supplementation permitted.--Participants 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 the 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 customarily 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 experience and 
                skills acquired by each participant; and
                    (B) a list of the major work tasks completed by 
                each participant.
    (h) Expenditure Schedule.--Any funds appropriated to carry out this 
Act which are allotted for any fiscal year shall be available for 
expenditure by the recipient 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 eligible recipients in accordance with 
this Act.
    (i) Selective Service Compliance.--The Secretary shall insure that 
each individual participating in any program established under this 
Act, or receiving any assistance or benefit under this Act, has not 
violated section 3 of the Military Selective Service Act (50 U.S.C. 
App. 453) by not presenting and submitting to registration as required 
pursuant to such section. The Director of the Selective Service System 
shall cooperate with the Secretary in carrying out this section.
    (j) 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-
interests; 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 maintain 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. 402. LABOR STANDARDS.

    (a) Conditions and Benefits.--
            (1) Working conditions.--Conditions of employment and 
        training shall be appropriate and reasonable in light of such 
        factors as the type of work, geographical region, and 
        proficiency of the participant.
            (2) Health, safety, and disability regulations.--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 conditions.--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 prohibited.--No funds 
        available under this Act may be used for contributions on 
        behalf of any participant to retirement systems or plans.
    (b) Protection of Existing Workers.--
            (1) Displacement prohibited.--No currently 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 agreements prohibited.--No 
        program shall impair existing contracts for services or 
        collective-bargaining agreements, except that no program under 
        this Act which would be inconsistent with the terms of a 
        collective-bargaining agreement shall be undertaken without the 
        written concurrence of the labor organization and employer 
        concerned.
            (3) Filling of laid-off positions prohibited.--(A) No 
        participant whose wages are subsidized under this Act shall be 
        employed or job opening 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 employer terminates the employment 
        of any regular unsubsidized employee in the same or any 
        substantially equivalent job or otherwise reduces the number of 
        regular unsubsidized employees in such jobs.
            (4) Promotional infringement prohibited.--No jobs shall be 
        created in a promotional line that will infringe in any way 
        upon the promotional opportunities of currently employed 
        individuals.
    (c) Compliance Reports.--
            (1) Submission to labor organizations.--Each quarterly 
        report submitted pursuant to section 204(c), 241(e), 303(c), or 
        323(c) shall be transmitted by the recipient to any labor 
        organization representing government 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 204(c), 241(e), 303(c), or 323(c) which is 
        subject to the requirements of paragraph (3) shall, with 
        respect to each government department in which subsidized 
        employment is provided under this Act, set forth--
                    (A) the number of all regular unsubsidized 
                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 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 required 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 employees, of a government 
        employing subsidized employees under this Act submits to the 
        Secretary a complaint alleging that section 401 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. An opportunity shall be afforded 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 official who shall be 
        designated by the Secretary shall review any report required to 
        include a statement specified in subsection (c)(3), or any 
        complaint submitted in accordance with paragraph (1), to 
        ascertain the accuracy of the information set forth or alleged 
        and to determine whether there is substantial evidence that the 
        affected activities fail to comply with section 401 or 
        subsection (a) or (b) of this section.
            (3) Recommendations.--The official so designated 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 
        investigation by the Office of the Inspector General. After 
        reviewing such recommendations, the Inspector General shall 
        undertake any investigations (including an audit, if 
        appropriate) deemed to be warranted.
            (4) Determinations.--A determination of whether a violation 
        of subsection (b) of this section has occurred shall be made 
        after considering legitimate bases for layoffs or terminations 
        of employees not subsidized under this Act within the same 
        department or budget function, such as a shortfall of revenues 
        compared with expenditures despite maintenance of local tax 
        effort, or the requirements of governmental reorganizations or 
        productivity improvements affecting work not performed by such 
        subsidized employees.
            (5) Review by secretary.--Not later than 90 days after the 
        report or complaint described in paragraph (2) is submitted, 
        the Inspector General's findings as to whether a failure to 
        comply with section 401 and subsection (a) or (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 401 or subsection (a) or (b) of this 
        section has occurred, which shall constitute the final 
        determination of the Secretary for purposes of chapters 5 and 7 
        of title 5, United States Code.
            (6) Repayment remedy.--The Secretary shall institute 
        proceedings under section 403(b) for the repayment of funds 
        determined to have been expended in violation of section 401 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 assurances 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 employees 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 laborers and mechanics 
        employed by contractors or subcontractors in any construction, 
        alteration, or repair, including painting and decorating, of 
        projects, buildings, 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 locality 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 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 in 
        part, 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 employees 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 Employment for the 1982 Census of Governments, as 
        authorized in accordance with section 161 of title 13, United 
        States Code;
            (2) the term ``government'' means a State, a local unit of 
        general purpose government, 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 include any employee whose wages 
        are paid in whole or in part with funds made available under 
        this Act.

SEC. 403. FISCAL CONTROLS; SANCTIONS.

    (a) GAO Review.--
            (1) Evaluation required.--The Comptroller General of the 
        United States shall, on a selective basis, evaluate the 
        expenditures by the recipients under this Act in order to 
        assure that expenditures are consistent with the provisions of 
        this Act and to determine the effectiveness of each recipient 
        in accomplishing the purposes of this Act. The Comptroller 
        General shall conduct the evaluations whenever necessary and 
        shall periodically (at least annually) report to the Congress 
        on the findings of such evaluations.
            (2) IG responsibilities not affected.--Nothing in this Act 
        shall be deemed to relieve the Inspector General of the 
        Department of Labor or the Inspector General of the Department 
        of Education of responsibilities under the Inspector General 
        Act.
            (3) Access to records.--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 
        documents pertinent to such programs that are in the 
        possession, custody, or control of any recipient of funds under 
        this Act, or any contractor or subcontractor of such 
        recipients.
    (b) Repayment Required.--Every recipient shall repay to the United 
States amounts found not to have been expended in accordance with this 
Act. The Secretary may offset such amounts against any other amount to 
which the recipient is or may be entitled under this Act unless he 
determines that such recipient should be held liable pursuant to 
subsection (c). No such action shall be taken except after notice and 
opportunity for a hearing have been given to the recipient.
    (c) Procedure for Repayment.--
            (1) Standard for repayment.--Each recipient shall be liable 
        to repay such amounts, from funds other than funds received 
        under this Act, upon a determination that the misexpenditure of 
        funds was due to willful disregard of the requirements of this 
        Act, gross negligence, or failure to observe accepted standards 
        of administration. No such finding shall be made except after 
        notice and opportunity for a fair hearing.
            (2) Determination required.--In determining 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 recipient has adequately demonstrated that it has--
                    (A) established and adhered to an appropriate 
                system for the award and monitoring of contracts with 
                subcontractors which contains acceptable standards for 
                ensuring accountability;
                    (B) entered into a written contract with such 
                subcontractor which established clear goals and 
                obligations in unambiguous terms;
                    (C) acted with due diligence to monitor the 
                implementation of the contract, including the carrying 
                out of the appropriate monitoring activities (including 
                audits) at reasonable intervals; and
                    (D) taken prompt and appropriate corrective action 
                upon becoming aware of any evidence of a violation of 
                this Act by such subcontractor.
            (3) Waiver permitted.--If the Secretary determines that the 
        recipient has demonstrated substantial compliance with the 
        requirements of paragraph (2), the Secretary may waive the 
        imposition of sanctions authorized by this section upon such 
        recipient. 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 notice and the opportunity for a 
subsequent hearing within 30 days after such termination 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 and with the advice and consent 
of the Senate.
    (e) Discrimination Remedies.--If the Secretary determines that any 
recipient under this Act has discharged or in any other manner 
discriminated against a participant or against any individual in 
connection with the administration of the program involved, or against 
any individual 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 to which that individual 
is entitled under the provisions of this Act, the Secretary shall, 
within 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 remedies.
    (g) Record Keeping.--Recipients shall keep 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 insure compliance with 
        the provisions of this Act, the Comptroller General of the 
        United States may conduct investigations of the use of funds 
        received under this Act by any recipient.
            (2) Use of existing records.--In conducting 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. 404. JUDICIAL REVIEW.

    (a) Review Permitted.--
            (1) Appellate review.--With respect to any corrective 
        action or sanction imposed under section 403 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 petition 
        within 30 days of such 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 petitions, unless ordered by the court, shall not 
        stay the Secretary's action or sanction. Petitions under this 
        Act shall be heard expeditiously, if possible within ten days 
        of the filing of a reply brief.
    (b) Jurisdiction.--The court shall have jurisdiction to make and 
enter a decree affirming, modifying, or setting 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 Supreme Court of 
the United States as provided in section 1254(1) of title 28, United 
States Code.

SEC. 405. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--In order to provide employment opportunities for 
unemployed individuals under this Act--
            (1) there are authorized to be appropriated $4,500,000,000 
        for fiscal year 1994; and
            (2) there are authorized to be appropriated for each 
        succeeding fiscal year not more than the product of (A) 4 
        percent of the total number of unemployed individuals 
        (seasonally adjusted), multiplied by (B) the most recent 
        average rate determined by the Secretary under section 
        401(g)(2).
    (b) Division Between Titles.--Of the amount appropriated pursuant 
to subsection (a) for any fiscal year--
            (1) 80 percent shall be available for purposes of title II,
            (2) 10 percent shall be available for purposes of part A of 
        title III, and
            (3) 10 percent shall be available for purposes of part B of 
        title III.
    (c) Definition.--For purposes of this section, the number of 
unemployed individuals means the average number of individuals in the 
civilian labor force of the United States who, in the first three 
months of the calendar year in which begins the fiscal year for which 
the appropriation is to be made, had been unemployed as determined by 
the Bureau of Labor Statistics on a seasonally adjusted basis.

SEC. 406. 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 relation to family size, was not in excess of the 
        higher of (i) the poverty level determined in accordance 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 whose income does 
        not meet such requirements;
            (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;
            (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 
        administrative entity or State receiving funds under an 
        allotment for title II, any State or local educational agency 
        receiving funds under an allotment for part A of title III, and 
        any State higher education building agency or institution of 
        higher education receiving funds under an allotment for part B 
        of such title;
            (6) the term ``Secretary'' means the Secretary of Labor, 
        except that--
                    (A) for purposes of title III, such term means the 
                Secretary of Education; and
                    (B) with respect to sections 401(h), 403, and 404, 
                such term means either the Secretary of Labor or the 
                Secretary of Education, whichever is appropriate;
            (7) the term ``State'' means any of the 50 States, the 
        District of Columbia, the Commonwealth of the Northern Mariana 
        Islands, the Commonwealth of Puerto Rico, American Samoa, Guam, 
        the Virgin Islands, the Federated States of Micronesia, the 
        Republic of the Marshall Islands, and Palau;
            (8) the term ``unemployed individuals'' means individuals 
        aged sixteen or older who are without jobs and who want and are 
        available for work, as determined in accordance with criteria 
        used by the Bureau of Labor Statistics of the Department of 
        Labor in defining individuals as unemployed, but such criteria 
        shall not be applied differently on account of an individual's 
        previous employment; and
            (9) the term ``unit of general local government'' means any 
        city, town, township, parish, or (except in Connecticut, 
        Massachusetts, Rhode Island, and Vermont) county which is a 
        general purpose political subdivision of a State that has the 
        power to levy taxes and spend 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 computations of the number 
of unemployed individuals in a State, county, or eligible 
administrative entity, the Secretary shall determine the average number 
of individuals who were unemployed during the most recent 12 months 
preceding the determination for which satisfactory data is available.

                                 <all>

HR 2364 IH----2
HR 2364 IH----3
HR 2364 IH----4
HR 2364 IH----5