109 HR 6181 IH: To amend the National and Community Service Act of 1990 U.S. House of Representatives 2006-09-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 109th CONGRESS 2d Session H. R. 6181 IN THE HOUSE OF REPRESENTATIVES September 26, 2006 Mr. Clay (for himself and Mr. Owens) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the National and Community Service Act of 1990 to establish a National Infrastructure Corps to address the Nation’s infrastructure needs and provide employment opportunities for unemployed individuals.

1.

Short title

This Act may be cited as the National Infrastructure Corps Act of 2006.

2.

Findings

Congress finds the following: (1)The United States is suffering a worsening crisis in public infrastructure, including a lack or insufficiency of railroad, mass transportation, power, water control, river navigation, port, oil refining, and hospital infrastructure facilities. (2)The infrastructure report card issued by the American Society of Civil Engineers estimates the need for $1,700,000,000,000 in investments to repair and replace obsolescent and broken-down infrastructure facilities in the United States. (3)The Nation’s infrastructure crisis became dramatically apparent after the breakdown of water control, transportation, and power infrastructure facilities in the Gulf States following Hurricanes Katrina and Rita. (4)Each $1,000,000,000 of Federal funding invested in infrastructure facilities creates approximately 50,000 jobs and $6,000,000,000 in economic activity. (5)The United States continues to suffer high rates of unemployment in urban and rural areas, especially among males in their twenties, and individuals and households continue to experience decreases in wages and real income. (6)Regional, State, and local infrastructure rebuilding projects require a great deal of semi-skilled and labor-intensive employment. (7)These projects include the necessary repair and rebuilding of large numbers of the Nation’s upstream dams, which could provide employment to 100,000 individuals, and the replacement of the 10 obsolete locks and dams on the Ohio River Mainstem system, which would generate approximately 20,000 jobs over a multi-year period. (8)The Urban Youth Corps administered by the Departments of Housing and Urban Development and Transportation, the National Civilian Community Corps, and other volunteer programs of the Corporation for National and Community Service have greatly contributed to public works and disaster response projects. (9)The authority of the Corporation for National and Community Service should be expanded to provide employment opportunities and reverse trends in urban unemployment through the establishment of a National Infrastructure Corps modeled after the Community Conservation Corps created at the outset of the Great Depression.

3.

Establishment of National Infrastructure Corps

(a)

In General

Title I of the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.) is amended by adding at the end the following: J

National Infrastructure Corps

199AA.

Definitions

In this subtitle, the following definitions apply: (1)

Corps

The term Corps means the National Infrastructure Corps established by section 199BB. (2)

Eligible project

The term eligible project means a project for the construction or repair of an economic infrastructure facility in the United States, including a power, rail, transport, port, inland navigation, water management, drinking water, energy, or hospital facility. (3)

Eligible individual

The term eligible individual means an individual who is— (A)unemployed or employed on a part-time basis due to economic reasons, as defined by the Secretary of Labor; (B)between the ages of 18 and 40; and (C)a citizen of, or an alien lawfully admitted for permanent residence to, the United States. (4)

Qualified infrastructure corps

The term qualified infrastructure corps means a program established by a State or local government or by a nonprofit organization to carry out eligible projects and provide employment to eligible individuals.

199BB.

Establishment

There is established a National Infrastructure Corps, to be administered by the Corporation.

199CC.

Purposes

The purposes of the Corps shall be— (1)to address the economic infrastructure needs of the Nation through the performance of eligible projects; and (2)to address high rates of unemployment in urban and rural areas by providing employment opportunities to eligible individuals.

199DD.

Participation in the Corps

(a)

Participants

The Corps shall be composed of not more than 40,000 eligible individuals recruited by the Corporation. (b)

Training

The Corporation may provide employment training for individuals participating in the Corps. The Corporation may provide such training by entering into agreements with building trades unions and labor councils that regularly provide 4-week and 6-week training classes in construction and the building trades. (c)

Residency program

(1)

In general

The Corporation may provide housing for individuals participating in the Corps. (2)

Corps housing

The Corporation shall provide such housing in a manner in which individuals participating in the Corps reside with other Corps participants. (d)

Period of participation

An individual may participate in the Corps for a period of not more than 1 year.

199EE.

Projects to be carried out by the Corps

(a)

Selection of projects

(1)

In general

The Corporation shall select eligible projects to be carried out by the Corps and shall provide financial assistance for such projects using amounts appropriated to carry out this subtitle. (2)

Participation of Army Corps of Engineers

The Corporation shall select eligible projects under paragraph (1) in cooperation with the Secretary of the Army, acting through the Chief of Engineers. (3)

Project proposals

The Corporation shall select eligible projects under this subsection based on proposals submitted to the Corporation by Federal, State, and local entities. The head of a Federal, State, or local entity shall submit such a proposal at the time and in the manner as the Corporation requires. (4)

Disaster relief activities

In selecting eligible projects under this subsection, the Corporation shall give priority to projects to repair vital infrastructure facilities damaged by natural disasters and emergencies, including projects to address damages resulting from Hurricanes Katrina and Rita. (b)

Performance of projects

(1)

Cooperation with the Army Corps of Engineers

The Corporation may enter into contracts and cooperative agreements under which the Corps shall perform eligible projects in coordination with the Secretary of the Army, acting through the Chief of Engineers. (2)

Cooperation with other Federal agencies

(A)

Contracts and cooperative agreements

The Corporation may enter into contracts and cooperative agreements under which the Corps shall perform eligible projects in coordination with the heads of other Federal entities, including— (i)the Urban Youth Corps, administered by the Secretary of Housing and Urban Development; (ii)the Urban Youth Corps, administered by the Secretary of Transportation; (iii)the National Resource Conservation Service of the Department of Agriculture; and (iv)the National Civilian Community Corps. (B)

Repair and rebuilding of upstream structures

The Corporation shall seek to enter into a contract or cooperative agreement under this paragraph with the Chief of the National Resource Conservation Service for the rebuilding and repair of upstream structures across the Nation. (3)

Use of qualified infrastructure corps

(A)

Contracts and cooperative agreements

The Corporation may enter into contracts and cooperative agreements with any qualified infrastructure corps to perform eligible projects. (B)

Grants

The Corporation may make grants to States (and through States to local governments) for the purpose of establishing, operating, and supporting a qualified infrastructure corps that will perform eligible projects. (C)

Applicability of matching requirements

The matching funds requirement of section 121(e) shall apply to financial assistance provided under this paragraph. (c)

Coordination of activities

The Corporation shall coordinate the activities of the Corps with other national service activities carried out under this title.

199FF.

Wages

(a)

In general

All individuals participating in the Corps or in a qualified infrastructure corps performing work for the construction, alteration, or repair, including painting and decorating, of projects, buildings, and works funded using amounts appropriated to carry out this subtitle shall be paid wages at not less than the prevailing wages on similar construction in the locality as determined by the Secretary of Labor in accordance with sections 3141–3144, 3146, and 3147 of title 40, United States Code. (b)

Authority

With respect to the determination of wages under paragraph (1), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan No. 14 of 1950 (64 Stat. 1267) and section 3145 of title 40, United States Code.

199GG.

Non-Federal status

(a)

In general

Except as otherwise provided in this section, individuals participating in the Corps shall not, by reason of their status as such participants, be considered Federal employees and shall not be subject to the provisions of law relating to Federal employees. (b)

Work-related injuries

(1)

In general

For purposes of subchapter I of chapter 81 of title 5, United States Code, relating to the compensation of Federal employees for work injuries, individuals participating in the Corps shall be considered as employees of the United States within the meaning of the term employee, as defined in section 8101 of such title. (2)

Special rule

In the application of the provisions of subchapter I of chapter 81 of title 5, United States Code, to an individual referred to in paragraph (1), the individual shall not be considered to be in the performance of duty while absent from the individual’s assigned post of duty unless the absence is authorized in accordance with procedures prescribed by the Director of the Corporation. (c)

Tort claims procedure

An individual participating in the Corps shall be considered an employee of the United States for purposes of chapter 171 of title 28, United States Code, relating to tort claims liability and procedure.

199HH.

Authorization of appropriations

There is authorized to be appropriated to carry out this subtitle $900,000,000 for each of fiscal years 2007 through 2010.

. (b)

Table of contents

The table of contents contained in section 1(b) of the National and Community Service Act of 1990 is amended by adding at the end of the items relating to title I the following: Subtitle J—National Infrastructure Corps Sec. 199AA. Definitions. Sec. 199BB. Establishment. Sec. 199CC. Purposes. Sec. 199DD. Participation in the Corps. Sec. 199EE. Projects to be carried out by the Corps. Sec. 199FF. Wages. Sec. 199GG. Non-Federal status. Sec. 199HH. Authorization of appropriations. .

4.

Conforming amendment

Section 122(a) of the National and Community Service Act of 1990 (42 U.S.C. 12572(a)) is amended— (1)by redesignating paragraph (15) as paragraph (16); and (2)by inserting after paragraph (14) the following: (15)An economic infrastructure construction program such as the National Infrastructure Corps established under section 199BB or a qualified infrastructure corps as defined in section 199AA. .