[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 950 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 950

To establish a national public works program to provide incentives for 
 the creation of jobs and address the restoration of infrastructure in 
     communities across the United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 5, 1997

Mr. Martinez (for himself, Mr. Dellums, Ms. Velazquez, Mr. Serrano, Mr. 
 Filner, Mr. Torres, Mr. Nadler, Mr. Rush, Mr. Foglietta, Mr. Manton, 
   Ms. Waters, Mr. Owens, Mr. Fattah, Mr. Rangel, Mr. McDermott, Mr. 
Towns, Mr. Flake, Mr. Engel, Mrs. Maloney of New York, Mr. Andrews, Ms. 
 Roybal-Allard, Mr. Ackerman, Ms. Sanchez, Mr. Hinchey, Mr. Scott, Mr. 
 Lantos, Mr. Brown of California, Ms. DeLauro, Mr. Payne, Mr. Davis of 
   Illinois, and Mr. Dixon) introduced the following bill; which was 
   referred to the Committee on Education and the Workforce, and in 
 addition to the Committee on Transportation and Infrastructure, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
To establish a national public works program to provide incentives for 
 the creation of jobs and address the restoration of infrastructure in 
     communities across the United States, 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 may be cited as the ``Job Creation and Infrastructure 
Restoration Act of 1997''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (a) That the investments made during the 1930's, 1940's, 
        and 1950's in the infrastructure of the United States through 
        the Roosevelt public works programs, the National Highway Act 
        under President Eisenhower, and other major efforts, led to the 
        greatest period of economic recovery and sustained level of 
        economic growth in the first 150 years of our Nation's 
        existence.
            (b) That the Nation's infrastructure has suffered greatly 
        over the past three decades because of the failure of the 
        Federal Government to ensure renewal and restoration of roads, 
        bridges, public buildings, public lands, and other public 
        assets.
            (c) The lack of resources for the maintenance of the 
        infrastructure during this period has led to the loss of both 
        jobs and job skills in these vital areas, with consequent 
        increased unemployment and a reduction in the quality of life 
        for residents of affected areas.
            (d) There is a critical need to renew and restore both the 
        public buildings and other assets, and the jobs and job skills 
        needed to ensure that those assets are available for use by 
        future generations and for any defense needs the country may 
        face in the future.
            (e) Policies at the Federal level have demonstrated 
        diminished concern for the infrastructure needs of the 
        communities of the Nation and a shifting of the burden for 
        maintenance and creation of highways, bridges, mass transit, 
        and other infrastructure on to local governments, in addition 
        to the burden for local needs (such as public safety, 
        education, health, and public welfare) that those jurisdictions 
        bear, thereby stretching already shrinking resources beyond the 
        capabilities of those governments to address these needs.
            (f) Federal incentives that are specifically linked to the 
        development of jobs, and renewal of important job skills will 
        help reverse the trend to continued erosion of the Nation's 
        infrastructure.
            (g) Economic growth rates and future efficiency and 
        competitiveness of the national economy will be substantially 
        enhanced by programs of Federal Government assistance to State 
        and local governments to construct and rehabilitate the 
        Nation's economic infrastructure.
            (h) Efforts to reform the welfare system are based on the 
        assumption that there will be jobs available in the public and 
        private sectors for current welfare recipients, and for 
        noncustodial parents whose responsibilities include providing 
        financial support to their children.
            (i) Absent a concentrated effort on the part of the Federal 
        Government to create career jobs that provide a living wage, 
        efforts to reform the welfare system are doomed to failure.
            (j) The creation of living wage jobs in conjunction with a 
        large and sustained public works infrastructure renewal program 
        will reap significant rewards in direct tax payments at all 
        levels of government, increased economic expansion for the 
        country, and substantial reductions in the outlays for 
        unemployment support, welfare, Medicaid, and other government 
        expenditures and will also lessen the burden on government 
        expenditures that result from lack of employment for those at 
        risk of entering a life of crime.

                 TITLE I--DEPARTMENT OF COMMERCE GRANTS

SEC. 101. DEFINITIONS.

    (a) As used in this title, the following definitions apply:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce, acting through the Economic Development 
        Administration.
            (2) Local government.--The term ``local government'' means 
        any city, county, town, parish, or other political subdivision 
        of a State, and any Indian tribe.
            (3) Public works.--The term ``public works'' includes water 
        and sewer lines, streets and roads, water and sewage treatment 
        plants or facilities, port facilities, police and fire 
        stations, detention centers, schools, health facilities, 
        industrial research or development parks, research facilities 
        at institutions of higher learning, and other projects the 
        Secretary determines to be appropriate.
            (4) State.--The term ``State'' includes the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        Virgin Islands of the United States, Guam, American Samoa, and 
        the Commonwealth of the Northern Marianas.

SEC. 102. DIRECT GRANTS.

    (a) Construction.--The Secretary is authorized to make grants to 
any State or local government for the construction (including 
demolition and other site preparation activities), renovation, repair, 
restoration, or other improvement of local public works projects, 
including those public works projects of State and local governments 
for which Federal financial assistance is authorized under provisions 
of law other than this title or this Act. To the extent appropriate, 
the Secretary may coordinate with other Federal agencies in assessing 
grant requests, and in providing appropriate levels of support.
    (b) Federal Share.--The Federal share of any project for which a 
grant is made under this title shall be no more than 90 percent of the 
cost of the project.
    (c) Termination of Grants.--No new grants shall be made pursuant to 
this section after the expiration of any 3-consecutive month period 
during which the national unemployment rate remained below 5 percent 
for each such month, or after September 30, 2001, whichever first 
occurs.

SEC. 103. ALLOCATION OF FUNDS; PREFERENCES.

    (a) Allocation of Funds.--The Secretary shall allocate funds 
appropriated pursuant to section 106 of this title as follows:
            (1) Indian tribes.--Three-quarters of one percent of such 
        funds shall be set aside and shall be expended only for grants 
        for public works projects under this title to Indian tribes and 
        Alaskan Native villages. None of the remainder of such funds 
        shall be expended for such grants to such tribes and villages.
            (2) Others.--After the set-aside required by paragraphs 
        (1), (3), and (4) of this subsection, 60 percent of such funds 
        shall be allocated among the States on the basis of the ratio 
        that the number of unemployed persons in each State bears to 
        the total number of unemployed persons in all the States and 40 
        percent of such funds shall be allocated among those States 
        with an average unemployment rate for the preceding 6-month 
        period in excess of 6 percent on the basis of the relative 
        severity of unemployment in each such State, except that no 
        State shall be allocated less than three-quarters of one 
        percent or more than 12 percent of such funds for local public 
        works projects within such State, except that in the case of 
        Guam, the Virgin Islands of the United States, American Samoa, 
        and the Commonwealth of the Northern Marianas, not less than 
        one-half of one percent in the aggregate shall be allocated for 
        such projects in all four of such territories.
            (3) Set-aside for small towns.--Not less than 10 percent of 
        each State's allocation shall be set aside and shall be 
        expended only for grants for public works projects under this 
        title for units of local government with populations under 
        10,000 persons.
            (4) Development and administration.--Up to three-quarters 
        of one percent of the total grant award will be available for 
        project development and preparation, and for ongoing project 
        administration. This allocation shall be available for local 
        units of government defined as nonentitlement under the Housing 
        and Urban Development Community Development Block Grant 
        Program. Such allocation shall not exceed $15,000 for any 
        single grant award in any event.
    (b) Preferences.--
            (1) Local government projects.--In making grants under this 
        title, the Secretary shall give priority to public works 
        projects of local governments that will employ residents of 
        such grantees who are experienced, apprentice or novice workers 
        in construction activities.
            (2) Locally endorsed projects.--In making grants under this 
        title, the Secretary shall also give priority to any public 
        works projects requested by a State or by a special purpose 
        unit of local government which is endorsed by a general purpose 
        local government within such State.
            (3) School district project.--A project requested by a 
        school district shall be accorded the full priority and 
        preference to public works projects of local governments 
        provided in this subsection.
            (4) Applied industrial research projects.--A project that 
        creates or adds to an applied industrial research facility at 
        an institution of higher education, and which facility is 
        intended to promote the development of new products and 
        processes, or that the Secretary determines will improve the 
        competitiveness of American industry shall be accorded full 
        priority and preference. For projects under this section, 
        matching funds requirements shall be waived if the company or 
        companies and the institution involved commit, in the 
        Secretary's determination, to undertake all future equipment 
        and maintenance expenses for the project.
    (c) High Unemployment Rates.--
            (1) Priority.--In making grants under this title, if for 
        the 12 most recent consecutive months the average national 
        unemployment rate in the construction trades is equal to or 
        exceeds 8 percent, the Secretary shall (A) expedite and give 
        priority to applications submitted by States or local 
        governments having average unemployment rates for the 12 most 
        recent consecutive months in excess of the average national 
        unemployment rates for the construction trades, and (B) shall 
        give priority thereafter to applications submitted by States or 
        local governments having average unemployment rates for 
        construction trades for the 12 most recent consecutive months 
        in excess of 6 percent, but less than the average national 
        unemployment rate for such construction trades.
            (2) Information regarding unemployment rates.--Information 
        regarding unemployment rates may be furnished either by the 
        Federal Government, or by States or local governments, provided 
        the Secretary (A) determines that the unemployment rates 
        furnished by States or local governments are accurate, and (B) 
        shall provide assistance to State or local governments in the 
        calculation of such rates to assure validity and 
        standardization.
            (3) Limitation on applicability.--Paragraph (1) of this 
        subsection shall not apply to any State which receives a 
        minimum allocation pursuant to paragraph (2) of subsection (a) 
        of this section.
    (d) State and Local Prioritization of Applications.--Whenever a 
State or local government submits applications for grants under this 
title for 2 or more projects, such State or local government shall 
submit as part of such applications its priority for each such project.
    (e) Localization of Unemployment Determinations.--The local 
unemployment rate of construction trades workers may, for purposes of 
this title, and upon request of the applicant, be based upon the 
unemployment rate of any community or neighborhood (defined without 
regard to political or other subdivisions or boundaries) within the 
jurisdiction of such local governments.

SEC. 104. RULES, REGULATIONS, AND PROCEDURES.

    (a) In General.--The Secretary shall, not later than 30 days after 
the date of enactment of this title, prescribe those rules, 
regulations, and procedures (including application forms) necessary to 
carry out this Act. Such rules, regulations, and procedures shall 
assure that adequate consideration is given to the relative needs of 
various sections of the country. The Secretary shall consider among 
other factors--
            (1) the severity and duration of unemployment in proposed 
project areas;
            (2) the income levels and extent of underemployment in 
        proposed project areas;
            (3) the extent to which proposed projects will contribute 
        to increased employment in the construction trades and to 
        future economic growth; and
            (4) the needs of proposed project areas to recover from 
        natural or other disaster which has affected the infrastructure 
        of such area.
    (b) Consideration of Applications.--The Secretary shall make a 
final determination with respect to each application for a grant 
submitted under this title not later than the 60th day after the date 
the Secretary receives such application.
    (c) Consideration of Construction Industry Employment.--For 
purposes of this section, in considering the extent of unemployment or 
underemployment, the Secretary shall consider the amount of 
unemployment or underemployment in the construction and construction-
related industries.

SEC. 105. GENERAL LIMITATION.

    (a) Acquisition of Land--No part of any grant made under section 
102 of this title shall be used for the acquisition of any interest in 
real property.
    (b) Maintenance Costs.--Nothing in this title shall be construed to 
authorize the payment of routine scheduled maintenance costs in 
connection with any projects constructed (in whole or in part) with 
Federal financial assistance under this title.
    (c) On-Site Labor.--Grants made by the Secretary under this title 
shall be made only for projects for which the applicant gives 
satisfactory assurances, in such manner and form as may be required by 
the Secretary and in accordance with such terms and conditions as the 
Secretary may prescribe that, if funds are available, onsite labor work 
can begin within 90 days of project approval.
    (d) Contracting.--
            (1) Competitive bidding.--
                    (A) Construction projects performed under contract 
                with funds made available under this title shall be 
                performed by contract awarded by competitive bidding, 
                unless the Secretary shall affirmatively find that, 
                under the circumstances related to such project, an 
                alternative method is in the public interest. It is in 
                the public interest that tax-funded projects shall be 
                performed efficiently, with a high level of 
                productivity, and shall produce a product of highest 
                quality.
                    (B) For this purpose, public authorities awarding 
                contracts under this Act shall, as a first option, seek 
                to obtain Project Agreements with Building Trades 
                Councils which have jurisdiction over the geographical 
                area included in the location of the project. These 
                Project Agreements shall include the establishment of 
                Project Committees consisting of public officials, 
                labor representatives and managerial representatives. 
The Committee will hear and rule on complaints pertaining to job safety 
and health, minority hiring and prevailing wage, and apprenticeship 
training provisions of this Act, as well as craft jurisdiction and any 
and all disputes which may arise on the job. Public Authorities shall 
assign to each project an enforcement officer who shall oversee and 
enforce compliance with labor standards, hiring practices, and 
apprenticeship standards specified in this Act, as well as those orders 
of the Project Committee applicable to the project.
            (2) Lowest responsive bid.--Contracts for the construction 
        of each project for which a grant is made under this title 
        shall be awarded only on the basis of the lowest responsive bid 
        submitted by a bidder meeting the established criteria of 
        responsibility, subject to subsection (c) of this section.
            (3) Advertising.--No requirement or obligation shall be 
        imposed as a condition precedent to the award of a contract to 
        a bidder for a project for which a grant is made under this 
        title, or to the Secretary's concurrence in the award of a 
        contract to such bidder, unless such requirement or obligation 
        is otherwise lawful and is specifically set forth in the 
        advertised specifications or in this title.
    (e) Environmental Safeguards.--All local public works projects 
carried out with Federal financial assistance under this title shall 
comply with all relevant Federal, State or local environmental laws and 
regulations.
    (f) Buy America Act.--If a local public works project carried out 
with Federal assistance under this title would be eligible for Federal 
financial assistance under provisions of law other than this Act and, 
under such other provision of law, would be subject to title III of the 
Act of March 3, 1993, popularly known as the Buy America Act, or 
similar requirements, such project shall be subject to such title of 
such Act of March 3, 1993, or such similar requirements under this Act 
in the same manner and to the same extent as such project would be 
subject to such title of such Act of March 3, 1993, or such similar 
requirements under such other provisions of law.
    (g) Minority Participation.--If a local public works project 
carried out with Federal financial assistance under this title would be 
eligible for Federal financial assistance under provisions of law other 
than this Act and, under such other provisions of law, would be subject 
to any minority participation requirement, such project shall be 
subject to such requirement under this Act, in the same manner and to 
the same extent as such project would be subject to such requirement 
under such other provisions of law.
    (h) Applicability of Laws Regarding Individuals With 
Disabilities.--Sections 504 and 505 of the Rehabilitation Act of 1973 
and the Americans With Disabilities Act of 1990 shall apply to local 
public works projects carried out under this title.

SEC. 106. FUNDING.

    There is authorized to be appropriated $25,000,000,000 for fiscal 
years 1998, 1999, and 2000 to carry out this title. Moneys appropriated 
pursuant to this authorization shall remain available until expended. 
Any amounts made available under this title for fiscal year 1998 shall 
be deemed to be emergency spending under section 251(b)(2)(D) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

               TITLE II--PUBLIC WORKS AND JOB RESTORATION

                         Subtitle A--Jobs 2000

SEC. 201. SHORT TITLE.

    This subtitle may be cited as the ``Jobs 2000 Act of 1997''.

SEC. 202. PURPOSE.

    It is the purpose of this subtitle to develop and provide useful 
and productive opportunities for unemployed and underemployed people, 
especially young people, through payments for labor and related costs 
associated with the construction, repair or rehabilitation of essential 
community and educational facilities; with the reclamation, improvement 
and conservation of public lands; and with the creation, repair, 
rehabilitation and restoration of public safety, public transportation, 
health, social services, and recreation facilities and other activities 
necessary to the public welfare.

SEC. 203. ELIGIBLE PARTICIPANTS.

    (a) General Eligibility Requirements.--An individual shall be 
eligible to participate in a program, project or activity receiving 
funds under this subtitle only if such individual--
            (1) is a resident or citizen of the United States,
            (2) is an unemployed individual at the time of enrollment, 
        and
            (3) has been unemployed for at least 30 days immediately 
        preceding the date of such enrollment, except as otherwise 
        provided in subsection (e) of this section and section 222. 
        Individuals may be certified for purposes of this section in 
        accordance with procedures agreed to by the eligible 
        administrative entity and established in regulations 
        established by the Secretary.
    (b) Duration of Eligibility.--No individual who is eligible under 
subsection (a) shall receive wages from funds made available under this 
subtitle in excess of 52 weeks in any 2-year period, in accordance with 
the following subsidy schedule--
            (1) up to 75 percent of the participant's wages may be 
        subsidized for the first 26 weeks.
            (2) up to 50 percent of the participant's wages may be 
        subsidized for the next 13 weeks, and
            (3) up to 25 percent of the participant's wages may be 
        subsidized for the next 13 weeks.
    (c) Priority for Participation.--In the selection of participants 
for activities under this subtitle, priority shall be given to 
individuals who--
            (1) at the time of selection, have exhausted or are 
        otherwise not eligible for unemployment benefits, 
        particularly--
                    (A) those individuals who have been unemployed for 
                the longest periods of time preceding the date of their 
                selection;
                    (B) those residing in households in which no other 
                member is employed on a full-time basis;
                    (C) those individuals who are or were qualified 
                participants in a Trade Adjustment Act program or other 
                Federal program providing job reemployment assistance 
                due to base closure, factory closure or other job loss 
                due to economic factors;
                    (D) those young people who are unemployed and who 
                reside in communities with the highest levels of 
                unemployment or underemployment; and
            (2) (except for individuals described in subparagraph (D)) 
        have been employed within the past 2 years by the employer that 
        is providing the subsidized job position.
    (d) Special Consideration for Welfare Recipients.--Entities 
receiving funds under this subtitle shall give special consideration to 
applicants who are--
            (1) custodial parents of children who are recipients of 
        assistance under title IV of the Social Security Act; and
            (2) noncustodial parents of one or more nondependent 
        children who are recipients of assistance under title IV of the 
        Social Security Act, but only if said applicants agree in 
        writing to the withholding of an appropriate portion of their 
        wages to be applied to the support of said child or children 
under any child support order.
    (e) Special Consideration for Veterans.--With regard to services to 
veterans provided under section 210(a)(3)(N), special consideration in 
selecting participants for employment in such activities shall be given 
to veterans who otherwise meet the eligibility requirements of this 
section.
    (f) Equal Employment Opportunities.--In certifying eligible 
participants under subsection (a) and in referring them for employment 
to recipients under subtitles B and C, 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 title. Each recipient of funds under subtitle 
B and C shall be responsible for ensuring such opportunities and full 
participation in the selection of eligible participants for such 
employment.

SEC. 204. LIMITATION ON USE OF FUNDS.

    (a) Reservation for Wages and Benefits.--Not less than 75 percent 
of the funds made available to any recipient under subtitles B and C 
from funds appropriated under section 271 of this Act for any fiscal 
year shall be used to provide for wages and related employment benefits 
to eligible participants for work which the recipient certifies has 
been performed in one or more of the activities authorized under this 
title.
    (b) Limitation on Administrative Costs.--Not more than 10 percent 
of the funds provided to any recipient under this title from funds 
appropriated for any fiscal year may be used for the costs of 
administration.
    (c) Acquisition of Tools, Equipment, and Materials.--The remainder 
of the funds provided to any recipient under this title from funds 
appropriated for any fiscal year (after compliance with subsection (a) 
and deduction of costs of administration permitted by subsection (b)) 
may be used for the acquisition of supplies, tools, equipment, and 
other materials directly related to the purpose for which the funds 
were provided.
    (d) Use of Other Funds.--
            (1) Use of acquisition costs.--Nothing in this Act shall be 
        construed to preclude or limit the payment of the costs of 
        administration or the costs of supplies, tools, equipment, or 
        other materials directly related to the project or program 
        being funded, either in whole or in part, from non-Federal 
        sources or from Federal sources other than under this Act, such 
        as section 106 of the Housing and Community Development Act of 
        1974 (42 U.S.C. 5306).
            (2) Buy america requirement.--In designating 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 such project or activity.
    (e) Training Cost Exception.--Notwithstanding subsection (a), funds 
available under subtitle B 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 Apprenticeship Training program which is 
        certified by the Department of Labor for the construction 
        industry and meets Federal standards for apprenticeship 
        training; an administrative entity designated under section 
        103(b)(1)(B) of the Job Training Partnership Act (29 U.S.C. 
        1513(b)(1)(B)), a local educational agency, a vocational 
        education school, an institution of higher education, a 
        community-based organization, a community action agency, a 
        community development corporation, or other qualified public or 
        private 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 301(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 that is greater than the rate of the salaries 
        or wages paid to 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 Federal 
        Government.

         Subtitle B--Employment in Support of Community Renewal

                PART A--COMMUNITY IMPROVEMENT PROJECTS.

SEC. 210. EMPLOYMENT IN COMMUNITY IMPROVEMENT PROJECTS.

    (a) Qualified Activities.--Eligible participants shall be employed 
in community improvement projects under this subtitle in one or more of 
the following activities:
            (1) Repair, rehabilitation, or improvement of public 
        facilities, including--
                    (A) street, highway or road repair;
                    (B) painting and/or repair of bridges and 
                pedestrian overpasses or underpasses;
                    (C) rehabilitation or repair of community 
                facilities, such as public libraries or other public 
                buildings;
                    (D) rehabilitation, repair and modernization of 
                public housing;
                    (E) water development projects and repair of water 
                systems,
                    (F) repair and rehabilitation of public mass 
                transit systems;
                    (G) erecting and replacing school crossing, 
                intersection and other road surfaces or sign markings 
                and removing road or public sidewalk obstructions;
                    (H) rehabilitation of public playgrounds and parks;
                    (I) installation and repair of drainage pipes, 
                catch basins or other portions of systems to control 
                potential flooding;
                    (J) installation of graded ramps and assistance 
                devices such as handrails for the handicapped; and
                    (K) weatherization and other energy conservation 
                activities.
            (2) Activities to conserve, restore, rehabilitate or 
        improve public lands, including--
                    (A) erosion, fire, flood, drought, earthquake, 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 
                improvements and pollution control;
                    (D) nursery, forestry and silvicultural operations,
                    (E) reclamation activities on public lands that 
                have been stripmined or subjected to other mineral 
                extraction activities;
                    (F) fish culture and habitat maintenance and 
                improvement and other fishery assistance;
                    (G) rehabilitation, improvement and conservation of 
                rangelands;
                    (H) urban revitalization and historical and 
                cultural site preservation;
                    (I) road and trail maintenance and improvement;
                    (J) improvement and reuse of abandoned railroad bed 
                and right-of-way; and
                    (K) renewable resource enhancement, energy 
                conservation projects and recovery of biomass.
            (3) Public safety, health, social service, and other 
        activities necessary to the public welfare, including--
                    (A) fire hazard inspection and repair, and 
                repairing or replacing fire hydrants;
                    (B) emergency food and shelter activities;
                    (C) child and dependent care (including respite 
                care) designed to enable parents or other caregivers to 
                become fully employed;
                    (D) assisting in nutrition programs for children, 
                the elderly and the disabled;
                    (E) other services for the elderly or disabled, 
                including meals on wheels, in-home services and respite 
                care;
                    (F) disaster relief efforts to assist victims;
                    (G) upgrading personal and residential security for 
                elderly, disabled and low-income residents of public or 
                publicly assisted housing;
                    (H) public health services, including immunizations 
                of children and assistance 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 and protection of abused 
                children or elderly persons;
                    (L) education and training assistance, including 
                family literacy, English as a second language, basic 
                skills education, remedial tutoring, and occupational 
                skills training;
                    (M) assisting public library programs, including 
                library aides programs and book mobiles;
                    (N) employment counselling, homelessness prevention 
                and other services to veterans and their families;
                    (O) security guards for public schools and public 
                housing projects;
                    (P) police support such as dispatchers, 
                neighborhood watch, and traffic control to free police 
                officers for full time street duty;
                    (Q) staff support for juvenile and adult 
                correctional facilities;
                    (R) rodent and insect control activities;
                    (S) hazardous materials surveys; and
                    (T) unemployment counselling and job placement 
                services.
    (b) Joint Programs Authorized.--Nothing in this subtitle shall be 
construed to preclude such activities from being conducted in 
conjunction with programs funded 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 department, public 
        or quasi-public agency, private nonprofit organization or 
        private contractor, including those carried out in conjunction 
        with the local Building Trades Councils (as described in 
        section 204(e)(2));
            (2) if a program designed to create or modify, repair, 
        rehabilitate or restore buildings or other tangible property, 
        will be completed within 24 months (or such longer period as 
        the Secretary may provide in a program grant);
            (3) is an activity authorized under this section or section 
        231(b);
            (4) will result in a specific product or accomplishment;
            (5) would not otherwise be conducted with existing 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 provide 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 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 
        subtitle.
            (2) Consistency with laws and policies.--All projects 
        carried out under this Act for conservation, rehabilitation, 
        restoration or improvement of any public lands or Indian lands 
        shall be undertaken in a manner consistent with the provisions 
        of law and policies relating to the management and 
        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. 211. ELIGIBLE ADMINISTRATIVE ENTITIES.

    (a) In General.--Except as otherwise provided in this section, an 
eligible 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 jurisdictions.
    (b) Eligible Jurisdictions.--An eligible jurisdiction under this 
subtitle is an area which has an unemployment 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 of 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 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 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 212, a statement in accordance with section 213 with 
        respect to the use of such allotment. If no such administrative 
        entity files such a statement within the specified time, the 
        Secretary may, on the basis of filings 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 or is part of an eligible administrative 
        entity that has filed a statement under section 213 with 
        respect to the use of funds provided under this title for such 
        area.

SEC. 212. ALLOTMENT OF FUNDS.

    (a) Native American Allotment.--
            (1) Funds reserved.--From the amount available for purposes 
        of this title for any fiscal year (exclusive of the amount 
        available for subpart C) the Secretary shall reserve 2 percent 
        for allotments among Native American eligible jurisdictions 
        described in section 211(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 subtitle for any fiscal year (after making the allotment 
        required by subsection (a)) shall be allotted by the Secretary 
        to the States for allocation to eligible jurisdictions within 
        each State. Each State shall allocate to the eligible 
        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 of 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) 66\2/3\ percent shall be allotted on the basis 
                of the relative number of unemployed individuals 
                residing within each eligible jurisdiction as compared 
                to the total number of unemployed individuals residing 
                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 subtitle and which has an average unemployment rate of at 
        least 6 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. 213. REQUIREMENTS FOR RECEIPT OF ALLOTMENT.

    (a) Submission of Statement.--
            (1) Content of statement.--Each eligible administrative 
        entity which desires to receive an allotment 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 receipt of 
                payments from such allotment;
                    (B) agreeing to use funds only in accordance 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 quarterly 
                reports required by subsection (c).
            (2)  Actions by secretary.--Within 30 days after the final 
        day for the submission of statements required by paragraph (1), 
        the Secretary shall, on the basis of only those eligible 
        administrative entities submitting such statements, make a 
        final allotment of funds in accordance with section 212, and 
        shall notify each such eligible administrative entity of the 
        amount of its final allotment.
    (b) Payment of Allotments.--
            (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 a 
statement 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, expended 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 characteristics 
        of participants in programs and projects under this subtitle, 
        including the sex, race, age, handicapped status, and veteran 
        status of participants; and
            (3) contain such 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 303 of this Act.

SEC. 214. PROJECT DESIGN.

    (a) Priority.--In designing projects under this subtitle, the 
administrative entity shall give priority to projects on the basis of--
            (1) the severity and duration of unemployment within 
        localities in the area of the eligible 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 the activities will provide 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, employment opportunities 
established with funds made available under this subtitle shall be 
coordinated with other Federal, State and local activities, including 
vocational and adult education, job training provided with funds 
available under the Job Training Partnership Act (29 U.S.C. 1501, et 
seq.), the Family Support Act of 1988, and activities receiving funds 
available under section 106 of the Housing and Community Development 
Act of 1974 (42 U.S.C. 5306), and other Federal laws.
    (c) Competitive Bidding.--In the case of projects or activities 
that involve construction, reconstruction, repair or renovation of 
physical structures--
            (1) each project for which a grant is made which is 
        performed by contract shall be awarded by competitive bidding, 
        unless the Secretary shall affirmatively find that, under the 
        circumstances related to such project, an alternative method is 
        in the public interest. It is in the public interest that tax-
        funded projects shall be performed efficiently, with a high 
        level of productivity, and shall produce a product of highest 
        quality;
            (2) public authorities awarding contracts under this Act 
        shall, as a first option, seek to obtain Project Agreements 
        with Building Trades Councils which have jurisdiction over the 
        geographical area included in the location of the project. 
        These Project Agreements shall include the establishment of 
Project Committees consisting of public officials, labor 
representatives and managerial representatives. The Committees will 
hear and rule on complaints pertaining to job safety and health, 
minority hiring and prevailing wage, and apprenticeship training 
provisions of this Act, as well as craft jurisdiction and any and all 
disputes which may arise on the job. Public authorities shall assign to 
each project an enforcement officer who shall oversee and enforce 
compliance with labor standards, hiring practices, and apprenticeship 
standards specified in this Act, as well as those orders of the Project 
Committee applicable to the project;
            (3) contracts for the construction of each project for 
        which a grant is made under this title shall be awarded only on 
        the basis of the lowest responsive bid submitted by a bidder 
        meeting the established criteria or responsibility, subject to 
        subsection (c) of this section;
            (4) no requirement or obligation shall be imposed as a 
        condition precedent to the award of a contract to a bidder for 
        a project for which a grant is made under this title, or to the 
        Secretary's concurrence in the award of a contract to such 
        bidder, unless such requirement or obligation is otherwise 
        lawful and is specifically set forth in the advertised 
        specification or in this title; and
            (5) all local public works projects carried out with 
        Federal financial assistance under this title shall comply with 
        all relevant Federal, State or local environmental laws and 
        regulations.

    PART B--COMMUNITY IMPROVEMENT AND RENEWAL ACTIVITIES FOR YOUTH 
                               TRAINEES.

SEC. 221. YOUTH TRAINEE ACTIVITIES.

    (a) Use of Funds Authorized.--Funds under this subtitle may be used 
for eligible youth who are paid wage and benefits from such funds for 
part-time employment not in excess of 32 hours per week. Such part-time 
employment 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 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 basic skills, 
skills training or employability development, including a program 
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 receive funds under the Job Training 
Partnership Act (including Job Corps), the Carl T. Perkins Vocational 
Education Act, the Family Support Act's Job Opportunities and Basic 
Skills Program, or other Federal, State or local public or private 
education or training program.

SEC. 222. ELIGIBLE YOUTH.

    (a) Exemption From Unemployment Duration Requirements.--
Notwithstanding section 203(a)(2) regarding duration of employment--
            (1) any youth aged 16 through 19; or
            (2) any youth aged 16 through 24 who is the natural parent 
        of a dependent non-custodial child, and who executes an 
        agreement of support and an authorization for the withholding 
        of a portion of the wages from such activity for use in 
        supporting such dependent child; and
            (3) who is currently unemployed shall be eligible to be a 
        participant in activities conducted under this part.
    (b) Priority.--In selecting such participants, an eligible 
administrative entity shall, notwithstanding section 203(c), give 
priority to individuals who are economically disadvantaged. Among such 
individuals, eligible school dropouts shall be served on an equitable 
basis. For 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 PROGRAMS.

    (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 subsection (a) shall be 
used for employment of eligible participants 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 
                rehabilitation 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 programs, 
                including juvenile facilities; and
                    (D) State administered social service programs 
                (including State-sponsored pre-school and child care 
                programs);
            (2) through special assistance (in conjunction, as 
        appropriate, with eligible administrative entities under 
        subtitle B) for areas which have experienced sudden or severe 
        economic dislocations, including large scale losses of jobs 
        caused by the closing of facilities (including defense related 
        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 farm-workers and 
        small farmers in rural agricultural areas which have 
        experienced substantial losses of jobs due to the rising 
        numbers of farm mortgage foreclosures and other severe economic 
        disruption (in conjunction, as appropriate, with administrative 
        entities under subtitle B or with related programs under the 
        Job Training Partnership Act (29 U.S.C. 1501, et seq.), or 
        both).
    (c) Program and Activity Selection and 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 204; or
            (2) only after such priority is met by 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 its 
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 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 the State 
        has used such funds in accordance with the requirements of this 
        Act.

     Subtitle C--Employment Activities --Repair and Renovation of 
                         Educational Facilities

  PART A--ELEMENTARY AND SECONDARY SCHOOL FACILITIES IMPROVEMENT JOBS.

SEC. 241. SCHOOL FACILITY REPAIR AND RENOVATION PROJECTS.

    (a) Use of Funds Authorized.--Funds shall be made available under 
this part for any fiscal year to any eligible local education agency in 
an eligible jurisdiction under section 211 and shall be used to carry 
out projects and activities (in accordance with the limitation on use 
of funds set forth in section 204) providing employment to eligible 
participants (qualifying under section 203) in work on the repair, 
renovation, restoration or rehabilitation of the public school 
facilities of such local education 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, restoration, or 
        rehabilitation of public school facilities, including 
        electrical 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 containing lead or 
        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 employment of Native Americans, and 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 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 requirements.--For purposes 
        of section 242, the Department of the Interior shall be 
        considered as a State educational agency.
            (4) Rule of construction.--Nothing contained in this 
        subsection shall be construed so as 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 the 
allotment among Native American eligible jurisdictions described in 
section 211(b)(4). Such reserved amount shall be allotted among Native 
American eligible jurisdictions on an equitable basis, taking into 
account the extent 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 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 jurisdiction within which it is located 
bears to the sum of the allotments to all eligible jurisdictions under 
such section.

SEC. 243. REQUIREMENTS FOR RECEIPT OF ALLOTMENT.

    (a) Statement Required.--
            (1) Contents of statement.--Each local educational agency 
        which desires to receive its allotment under section 242 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 242, and shall 
        notify each such agency of the amount of its final allotment.
    (b) Payments of Allotments.--
            (1) Prospective payment rule.--For fiscal years beginning 
        after the date of enactment of this Act, the Secretary shall 
        pay to each local educational agency which has filed a 
        statement in accordance with subsection (a) its allotment for 
        that fiscal year. Such payments shall be made in equal 
        installments not later than 5 days after the beginning of each 
        quarter for which funds are available.
            (2) Previous fiscal year.--For any fiscal year which began 
        prior to the date of enactment of this Act, the Secretary 
        shall, not later than 30 days after the final allotment of 
        funds for such fiscal year under subsection (a)(2), pay to each 
        local 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 funds made available under this part (in that or a 
preceding quarter) shall submit to the Secretary a report on the use of 
such funds. Such report shall--
            (1) describe in detail the jobs created with such funds 
        including--
                    (A) the nature of employment activity;
                    (B) the wage rates paid; and
                    (C) the duration of employment;
            (2) contain adequate data to evaluate the characteristics 
        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 Secretary may 
        specifically request in order to ascertain whether the local 
        educational agency has used such funds in accordance with the 
        requirements of this Act.
    (d) Withholding Procedures.--The Secretary may not withhold, 
suspend, or terminate the payment of any installment of an allotment 
except in accordance with section 303.

         PART B--HIGHER EDUCATION FACILITY IMPROVEMENT PROJECTS

SEC. 251. ACADEMIC FACILITY REPAIR AND RENOVATION PROJECTS.

    (a) Use of Funds Authorized.--The funds made available to any 
institution of higher education under this part for any fiscal year 
shall be used to carry out projects and activities (in accordance with 
the limitation on the use of funds set forth in section 204) providing 
employment to eligible participants (qualifying under section 203) in 
work on the repair, restoration, renovation or 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 90 days of receipt 
of funds under this part.
    (c) Permitted Use of Funds.--
            (1) Eligible projects.--Funds allotted to each State under 
        section 252 shall be made available through the higher 
        education building agency of such State, in accordance with its 
        State plan under part A of title VII of the Higher Education 
        Act of 1965, to assist institutions of higher education in 
        carrying out eligible projects under that title for the repair, 
        restoration, renovation, and rehabilitation of 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) for the repair, renovation, restoration, or 
                rehabilitation of research and post secondary technical 
                training facilities, including electrical rewiring for 
                new technology;
                    (D) for detecting, removing or otherwise containing 
                lead or asbestos in academic or other facilities used 
                by students.
            (2) Use at institutions located in eligible 
        jurisdictions.--Funds allotted under section 252 shall be made 
        available only to institutions of higher education that are 
        located within eligible jurisdictions under section 211(b), 
        except that the Secretary may waive the requirements of this 
        paragraph for any State if there are no institutions of higher 
        learning located within any of the eligible jurisdictions 
        within such State.
            (3) Selection of eligible projects.--In selecting projects 
        to be funded under this part, the higher education building 
        agency shall give priority to projects at those institutions of 
        higher 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. 252. ALLOTMENT OF FUNDS.

    (a) Funds Reserved.--From the amount available for purposes of this 
part for any fiscal year, the Secretary shall reserve 2 percent for the 
allotment among Native American eligible jurisdictions described in 
section 211(b)(4). Such reserved amount shall be allotted among Native 
American eligible jurisdictions on an equitable basis, taking into 
account the extent which regular employment opportunities have been 
lacking for long-term periods among individuals within the jurisdiction 
of such entities.
    (b) State Allotments.--The remainder of the amount available for 
purposes of this part for any fiscal year shall be allotted by the 
Secretary among the States by allocating to each State an amount that 
bears the same ratio to such remainder as the sum of the allotments 
(under such 212(b)(2)) of the eligible jurisdiction within such State 
bears to the sum of the allotments to all eligible jurisdictions under 
such section.
    (c) Administrative Costs.--From the amount 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. 253. REQUIREMENTS FOR RECEIPT OF ALLOTMENT.

    (a) Statement Required.--
            (1) Contents of statement.--Each State which desires to 
        receive its allotment under section 252 shall, within 30 days 
        after receiving notice of such allotment, submit to the 
        Secretary a 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 252, and shall notify each State of the 
        amount of its final allotment.
    (b) Payment of Allotments.--
            (1) Prospective payment rule.--For fiscal years beginning 
        after the date of enactment of this Act, the Secretary shall 
        pay to each State which has filed a statement in accordance 
        with subsection (a) its allotment for that fiscal year. Such 
        payments shall be made in equal installments not later than 5 
        days after the beginning of each quarter for which funds are 
        available.
            (2) Previous fiscal year.--For any fiscal year which began 
        prior to the date of enactment of this Act, the Secretary 
        shall, not later than 30 days after the final allotment of 
        funds for such fiscal year under subsection (a)(2), pay to each 
        State which has filed such a statement the total amount of such 
        allotment.
    (c) Reports Required.--Not later than 30 days after the end of each 
calendar quarter, each State which has, during such quarter, expended 
funds made available under this part (in that or a preceding quarter) 
shall 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 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 the State 
        has used such funds in accordance with the requirements of this 
        Act.
    (d) Withholding Procedures.--The Secretary may not withhold, 
suspend, or terminate the payment of any installment of an allotment 
except in accordance with section 303.

               PART C--SPECIAL DEFINITIONS FOR SUBTITLE C

SEC. 261. DEFINITIONS.

    Notwithstanding section 305, for purposes of this subtitle--
            (1) the term ``State educational agency'' has the meaning 
        provided under section 1471(23) of the Elementary and Secondary 
        Education Act of 1965;
            (2) the term ``local educational agency'' has the meaning 
        provided under section 1471(12) of the Elementary and Secondary 
        Education Act of 1965;
            (3) the term ``higher education building authority'' has 
        the meaning provided under 734(b) of the Higher Education Act 
        of 1965;
            (4) the term ``Indian tribal school'' means any school 
        operated by an Indian tribe under the Indian Self-Determination 
        and Education Assistance Act (Public Law 93-638); and
            (5) the term ``institution of higher education'' has the 
        meaning provided under section 1201(a) of the Higher Education 
Act of 1965.

                PART D--AUTHORIZATION OF APPROPRIATIONS

SEC. 271. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--In order to provide employment opportunities for 
unemployed individuals, under this title there is authorized to be 
appropriated $45,000,000,000 for each of the fiscal year 1998, 1999, 
2000, 2001, and 2002.
    (b) Division Between Subtitles.--Of the amount to be appropriated 
pursuant to subsection (a) for each 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 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 purposes of as a place of religious worship.
            (3) Status as participants.--With respect to terms and 
        conditions affecting, or rights provided to, individuals who 
        are participants in activities 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 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.--Except as 
provided in title I, no funds made available under this Act for 
subsidized employment may be provided to a private organization, 
institution, or contractor to conduct any activities customarily 
performed by employees of a State, a political subdivision, or a local 
educational agency in the area served by the program.
    (d) Service to Residents.--Only individuals residing in the area of 
an eligible jurisdiction under title II may participate in non-
emergency activities funded under such title, except that a recipient 
may permit participation by homeless individuals who cannot prove 
residence within the eligible jurisdiction.
    (e) Hiring of Voluntarily Terminated 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 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 Standard Act of 1938;
                    (B) the minimum wage under appropriate State or 
                local minimum wage law; or
                    (C) the prevailing rate of pay for individuals 
                employed in similar occupations by the same employer.
            (2) Maximum average rate.--The average weekly portion of 
        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 private, non-
                farm payrolls (as determined by the Bureau of Labor 
                Statistics for the most recent 12 months preceding such 
                fiscal year for which such determination is available);
                    (B) multiple by 75 percent; and
                    (C) rounded up to the nearest $10.
            (3) Supplementation permitted.--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 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 such 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) 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. 302. 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 regulation.--The 
        regulations (relating to health and safety, and worker's 
        compensation) implementing paragraphs (2) and (3) of section 
        143(a) of the Job Training Partnership Act (29 U.S.C 1553(a)(2) 
        and (3)) issued on March 15, 1993, shall apply to 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. 
        Nothing in this subsection shall relieve either a participant 
        or a program from the requirements of the Social Security Act.
    (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 with 
        the project contractor or recipient of funds under this Act.
            (B) No participant whose wages are subsidized under this 
        Act shall be employed or a job opening filled when, after the 
        enactment of this Act, the 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 Report.--
            (1) Submission to labor organizations.--Each quarterly 
        report submitted pursuant to sections 212(c), 231(e), 243(c) or 
        253(c) shall be transmitted by the recipient to any labor 
        organization representing government or private employees who 
        are engaged in similar work to that performed by employees 
        whose wages are subsidized under this Act.
            (2) Contents of reports.--Each quarterly report submitted 
        pursuant to section 212(c), 231(e), 243(c) or 253(c) which is 
        subject to the 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 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 quarter.
            (3) Analysis of job reductions required.--If, for two 
        succeeding calendar quarters, there have been an average 
        decline of 5 percent or more in the number of such unsubsidized 
        employees in any such department as compared to such 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 
        agency employing subsidized employees 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 agency 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 complaint.--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 301 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 the 
        Department of Labor 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 so warranted.
            (4) Determinations.--A determination of whether a violation 
        of subsection (b) of this section has occurred shall be made 
        after considering legitimate basis 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 requirement 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 301 and subsections (a) and (b) of this 
        section has occurred, shall be transmitted to the Secretary. 
        The Secretary shall, within 30 days after receiving the 
        Inspector General's findings, issue a determination as to 
        whether a violation of section 301 or subsections (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.
    (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 labors 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 at rates not less than those 
        prevailing on similar construction in the locality as 
        determined by the Secretary in accordance with the Act of March 
        3, 1931 (commonly know as the Davis-Bacon Act), as amended (40 
        U.S.C. 276a-276a-5). The Secretary shall have with respect to 
        such labor standards, the authority and functions set forth in 
        Reorganization Plan Numbered 14 of 1950 (15 FR 3176; 64 Stat. 
        1267) and section 2 of the Act of June 1, 1934, as amended (48 
        Stat. 948, as amended; 40 U.S.C. 276(c)).
            (2) Funding required.--Such rates are not required to be 
        paid to participants under this Act unless they are employed in 
        connection with projects funded by this Act in whole or inpart, 
        exclusive of wages and benefits, or projects covered by any 
        other statute requiring the payment of such Davis-Bacon Act 
        wage rates.
    (g) Definitions.--For purposes of this section--
            (1) information concerning numbers of 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 governments, a public agency, or a local 
        educational agency; and
            (3) the term ``regular unsubsidized employee'' means any 
        employee whose wages are paid in whole or in part from non-
        Federal funds, but does not include any employee whose wages 
        are paid in whole or in part with funds made available under 
        this Act.

SEC. 303. FISCAL CONTROLS; SANCTIONS.

    (a) GAO Review.--
            (1) Evaluation required.--The Comptroller General of the 
        United States shall, on a selective basis, evaluate the 
        expenditures by the recipients under this Act in order to 
        assure that expenditures are consistent with the provisions of 
this Act and to determine the effectiveness of each recipient in 
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 their responsibilities under the Inspector 
        General Act.
            (3) Access to records.--For the purpose of evaluating and 
        reviewing programs established or provided for by this Act, the 
        Comptroller General shall have access to and the right to copy 
        any books, accounts, records, correspondence, or other 
        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 properly expended in accordance 
with this Act. The Secretary may offset such amounts against any other 
amount in which the recipient is or may be entitled under this Act, 
unless the Secretary determines that such recipient should be held 
liable pursuant to subsection (c). No such action shall be taken except 
after notice and opportunity for a hearing having 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 ap- propriate 
                system for the award and monitoring of contracts with 
                subcontractors which contains acceptable standards for 
                ensuring accountability;
                    (B) entered into written contracts with such 
                subcontractors which establish clear goals and 
                obligations in unambiguous terms;
                    (C) acted with due diligence to monitor the 
                implementation of the contract, including the carrying 
                out of appropriate monitoring activities (including 
                audits) at reasonable intervals; and
                    (D) taken prompt and appropriate 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 notification 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 the President of the United 
States and with the advice and consent of the United States Senate.
    (e) Discrimination Remedies.--If the Secretary determines that any 
recipient of funds under this Act has discharged or in any 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 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 maintain records that are 
sufficient to permit the preparation of reports required by this Act 
and to permit the tracing of funds to a level of expenditure adequate 
to insure that the funds have not been spent unlawfully.
    (h) Investigations.--
            (1) Conduct authorized.--In order to ensure 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. 304. JUDICIAL REVIEW.

    (a) Review Permitted.--
            (1) Appellate review.--With respect to any corrective 
        action or sanction imposed under section 303 by the Secretary, 
        any party to a proceeding which resulted in such action or 
        sanction may obtain review of such action or sanction in the 
        United States Court of Appeals having jurisdiction over the 
        applicant or recipient of funds, by filing a review petition 
        with the clerk of such Court within 30 days of the issuance of 
        a final order.
            (2) Filing of record.--The clerk of the court shall 
        transmit a copy of the review petition to the Secretary who 
        shall file the record upon which the action or sanction was 
        entered as provided in section 2112 of title 28, United States 
        Code. Review petitions, unless ordered by the court, shall not 
        stay the Secretary's action or sanction. Petitions under this 
        section shall be heard expeditiously, if possible within 10 
        days of the filing of a reply brief by the Secretary.
    (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 Untied States 
Supreme Court, as provided in section 1254(1) of title 28, United 
States Code.

SEC. 305. DEFINITIONS.

    (a) Definitions.--For the purposes of this Act--
            (1) the term ``economically disadvantaged'' means an 
        individual who--
                    (A) receives, or is a member of a family which 
                receives, cash welfare payments under a Federal, State 
                or local welfare program;
                    (B) has, or is a member of a family which has, 
                received a total family income during the 6-month 
                period prior to certification (exclusive of 
                unemployment compensation, child support payments, and 
                welfare payments) which, in 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 or household 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 or local educational agency or 
        government entity receiving funds under an allotment under part 
        A of title II, and any State higher education building agency 
        or institution of higher education receiving funds under an 
        allotment under part B of such title;
            (6) except as specifically provided elsewhere in this Act, 
        the term ``Secretary'' means the Secretary of Labor, except 
        that--
                    (A) for purposes of subtitle C of title II, such 
                term means the Secretary of Education; and
                    (B) with respect to sections 302(h), 304, and 305, 
                such term means either the Secretary of Labor or the 
                Secretary of Education, 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 of the United States, the Federated States 
        of Micronesia, the Republic of the Marshall Islands, and Palau;
            (8) the term ``unemployed individuals'' means individuals 
        aged 16 or older who are without jobs and who want or are 
        available for work, as 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 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 expend funds, as well as general 
        corporate and police powers.
    (b) Use of Data.--In making determinations for purposes of this Act 
with respect to population, civilian labor force, and unemployment, the 
Secretary shall use the most satisfactory current data available on a 
seasonally adjusted basis.
    (c) Computations.--For the purposes of 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.
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