111 HR 2269 IH: Gulf Coast Civic Works Act
U.S. House of Representatives
2009-05-06
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.
1.Short title; table of
contents
(a)This Act may be cited
as the Gulf Coast Civic Works
Act
.
(b)The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Severability.
Title I—THE GULF COAST CIVIC WORKS COMMISSION
Sec. 101. Establishment of Commission.
Sec. 102. Capitalization of the Commission.
Sec. 103. Officer, employees, and other agents of the
Commission.
Sec. 104. Powers of the Commission.
Sec. 105. Regional coordination.
Sec. 106. Sealed open proposal process.
Sec. 107. Sealed open bid process.
Sec. 108. Environmental protection.
Title II—THE GULF COAST CIVIC WORKS PROJECT
Sec. 201. Purposes.
Sec. 202. Establishment; contract authority.
Sec. 203. General activities.
Sec. 204. Job-training partnerships.
Sec. 205. Apprenticeship programs.
Sec. 206. Job creation.
Sec. 207. First source hiring and outreach.
Sec. 208. Wages.
Sec. 209. Other projects.
Sec. 210. General provisions and guidelines.
Sec. 211. Authorization of appropriations.
2.It is the purpose of this Act to—
(1)establish a
Federal authority to implement the necessary equitable government response to
the disaster experienced in the region for all Gulf Coast communities;
(2)provide a minimum
of 100,000 job and training opportunities to those whose livelihoods have been
affected by the devastation of the Gulf Coast region, particularly women and
individuals who qualify as low income;
(3)create stronger
and more sustainable communities better able to mitigate the physical, social,
and economic impact of future disasters;
(4)assure that those
who are most vulnerable to the direct effects of climate change are able to
prepare for and adapt to those impacts by building resilience and reducing
risk;
(5)strengthen the
workforce by providing job training for thousands of workers that will enable
them to rebuild communities and make an independent living;
(6)rebuild homes,
public infrastructure, historic buildings, and community resources, to protect
communities from future disasters and restore lives and faith in the Federal
Government;
(7)promote sustainable
development, energy conservation, environmental restoration, and encouraging
emerging industries and green technologies;
(8)ensure equitable
working conditions by providing workers with fair wages;
(9)utilize the
recommendations of community organizations and coalitions in order to rebuild
and strengthen communities; and
(10)strengthen
partnerships between the public and private sector that will lead to increased
economic growth in the region.
3.In this Act:
(1)Green building;
high-performance buildingThe
term green building
or high-performance building
means a building that is designed to achieve integrated systems design and
construction so as to significantly reduce or eliminate the negative impact of
the built environment on the following:
(A)Site conservation
and sustainable planning.
(B)Water conservation
and efficiency.
(C)Energy efficiency
and renewable energy.
(D)Conservation of
materials and resources.
(E)Indoor
environmental quality and human health.
(2)The term Gulf
Coast region
means the areas of Louisiana, Mississippi, Texas, and
Alabama that were devastated by Hurricanes Katrina and Rita.
(3)The term
infrastructure project
means the building, improvement, or
increase in capacity of a basic installation, facility, asset, or stock that is
associated with—
(A)a levee or other
flood protection construction;
(B)a public facility
such as a public schoolhouse, public college or university, police station,
fire station, library, clinic, hospital, job center, shelter, or community
center;
(C)a mass transit
system;
(D)a public housing
property that is eligible to receive funding under section 24 of the United
States Housing Act of 1937 (42 U.S.C. 1437v);
(E)a road or
bridge;
(F)a public utility
system, structure, or facility; or
(G)a drinking water
system or a wastewater system.
(4)The term
LEED certification
means the Leadership in Energy and
Environmental Design green building rating system developed and adopted by the
United States Green Building Council, which measures and evaluates the energy
and environmental performance of a building.
(5)The term
life-cycle cost
means the cost of a building, as determined by
the methodology identified in the National Institute of Standards and
Technology’s special publication 544 and interagency report 80–2040, available
as set forth in the Code of Federal Regulations, title 15, part 230, including
the initial cost of its construction or renovation, the marginal cost of future
energy capacity, the cost of the energy consumed by the facility over its
expected useful life or, in the case of a leased building, over the remaining
term of the lease, and the cost of operating and maintaining the facility as
such cost affects energy consumption.
(6)The term
local development plan
means the plan which may be prepared or
adopted by a local advisory council with the consultation and assistance of the
Commission staff and adopted by a town meeting.
(7)The term local
advisory council
means the local council established in each
municipality to develop and manage the Civic Works Project, as described in
section 104.
(8)The term person
means an
individual, corporation, municipality, governmental agency or authority,
business trust, estate, trust, partnership, association, joint venture, two or
more persons having a joint or common interest, or any legal entity. A State
agency or authority shall not be deemed a person within the meaning of this
Act.
(9)The term regional
policy plan
means the plan prepared as described in section 105.
(10)The term State
agency
means any department, board, bureau, commission, institution,
public higher education institution, school district, or other governmental
entity of a State.
4.If any provision of this Act, or the
application of such provision with respect to any person or circumstance, is
held invalid, the remainder of this Act, and the application of such provision
to any other person or circumstance, shall not be affected by such
holding.
<enum>I</enum><header>THE
GULF COAST CIVIC WORKS COMMISSION</header>
<section id="H101FAF15DB4E42A3814BE1FA5848F755"><enum>101.</enum><header>Establishment
of Commission</header>
<subsection id="H9AE8E37CEA1847D1001E1E8882C41D95"><enum>(a)</enum><header>In
general</header><text>There is hereby established within the Department of
Homeland Security Office of the Federal Coordinator of Gulf Coast Rebuilding
the <quote>Gulf Coast Civic Works Commission</quote> (in this Act referred to
as the <quote>Commission</quote>).</text>
</subsection><subsection id="HD305741BFA6A43FF927776D9BB41543B"><enum>(b)</enum><header>Membership</header>
<paragraph id="HF88A3867B1C0462782E5408915AB2F50"><enum>(1)</enum><header>In
general</header><text>The Commission shall be composed of 16 individuals
appointed by the President, by and with the advice and consent of the Senate,
from among individuals who are citizens of the United States and residents or
evacuees of the Gulf Coast Region, and shall have gender, age, ethnic and
racial diversity reflective of the Gulf Coast Region, and shall have diverse
experience and knowledge representative of all the issues related to complete
recovery including, but not limited to: housing, worker and immigrant rights,
infrastructure, social services, levee protection, and coastal
restoration.</text>
</paragraph><paragraph id="HB0A5AA11E1A54D799DD37F1BA03CBF8C"><enum>(2)</enum><header>Nominations by
governor of Louisiana</header><text>Four members of the Commission shall be
appointed under paragraph (1) from among individuals who are nominated for
appointment by the Governor of Louisiana in consultation with community based
Gulf Coast Region coalitions.</text>
</paragraph><paragraph id="H1D189624E3794BC99D2FB63D187BA3D5"><enum>(3)</enum><header>Nominations by
governor of Mississippi</header><text>Four members of the Commission shall be
appointed under paragraph (1) from among individuals who are nominated for
appointment by the Governor of Mississippi in consultation with community based
Gulf Coast Region coalitions.</text>
</paragraph><paragraph id="HBAD7CA5360C64280B70046A9487DEB44"><enum>(4)</enum><header>Nominations by
governor of Alabama</header><text>Four members of the Commission shall be
appointed under paragraph (1) from among individuals who are nominated for
appointment by the Governor of Alabama in consultation with community based
Gulf Coast Region coalitions.</text>
</paragraph><paragraph id="HC7A1D0DD72CA41DFB9C6B753A000D526"><enum>(5)</enum><header>Nominations by
governor of Texas</header><text>Four member of the Commission shall be
appointed under paragraph (1) from among individuals who are nominated for
appointment by the Governor of Texas in consultation with community based Gulf
Coast Region coalitions.</text>
</paragraph><paragraph id="HC3BC97764B6E4E3382505FA1B1281C66"><enum>(6)</enum><header>Political party
affiliation</header><text>Not more than 8 members of the Commission may be
affiliated with any 1 political party.</text>
</paragraph></subsection><subsection id="HC6AEDC9AFE99427191CE470064C1DCFD"><enum>(c)</enum><header>Chairperson and
vice chairperson</header>
<paragraph id="H62CCE6E62A4B4418A28C4B3140EF131E"><enum>(1)</enum><header>Chairperson</header><text>The
Commission shall annually elect a chairperson. The first set of officers shall
be elected at the Commission’s initial organizational meeting, which shall be
conducted within 30 days of the effective date of this Act.</text>
</paragraph><paragraph id="H2EB74A883F3D4C0096ED43900BB7FD3"><enum>(2)</enum><header>Vice
chairperson</header><text>The Commission shall annually elect a vice
chairperson. The first set of officers shall be elected at the Commission’s
initial organizational meeting, which shall be conducted within 30 days of the
effective date of this Act.</text>
</paragraph><paragraph id="H5D4167ECFE6A4FAA871093C4A0483B49"><enum>(3)</enum><header>Acting
chairperson</header><text>In the event of a vacancy in the position of
Chairperson of the Commission or during the absence or disability of the
Chairperson, the Vice Chairperson shall act as Chairperson.</text>
</paragraph></subsection><subsection id="H5D7D8731FFB34D3BBA90AA8E976C2EB9"><enum>(d)</enum><header>Term of
office</header>
<paragraph id="H130C938869A24A03A88F2FBC66897694"><enum>(1)</enum><header>In
general</header><text>Each member of the Commission appointed shall serve a
term of 3 years.</text>
</paragraph><paragraph id="HE907D37D6DE848EEA076824173661F2B"><enum>(2)</enum><header>Interim
appointments</header><text>Any member appointed to fill a vacancy occurring
before the expiration of the term for which such member’s predecessor was
appointed shall be appointed only for the remainder of such term.</text>
</paragraph><paragraph id="HC41985A71A844B51B706FF044BEDC332"><enum>(3)</enum><header>Continuation of
service</header><text>The Chairperson, Vice Chairperson, and each appointed
member may continue to serve after the expiration of the term of office to
which such member was appointed until a successor has been appointed and
qualified.</text>
</paragraph><paragraph id="HE4A278153C2E4D3BAA815CC700D7E61D"><enum>(4)</enum><header>Removal for
cause</header><text>The Chairperson, Vice Chairperson, and any appointed member
may be removed by the President for cause.</text>
</paragraph><paragraph id="H6F11EC445C284D9600C2E56334E0783D"><enum>(5)</enum><header>Full-time
service</header><text>The members of the Commission shall serve on a full-time
basis.</text>
</paragraph></subsection><subsection id="HBE64930604F740489C3C4B5E5B27CAC6"><enum>(e)</enum><header>Vacancy</header><text>Any
vacancy on the Commission shall be filled in the manner in which the original
appointment was made, provided—</text>
<paragraph id="H7C2C7D9C23B443A79E5EAB69E4635BB"><enum>(1)</enum><text>any member
appointed to fill a vacancy in the Commission occurring prior to the expiration
of the term for which his predecessor was appointed shall be appointed for the
remainder of such term; and</text>
</paragraph><paragraph id="H1A6E4740BEFD4EAD9C647B1C548D8943"><enum>(2)</enum><text>vacancies in the
Commission so long as there shall be nine members in office shall not impair
the powers of the Board to execute the functions of the Commission, and nine of
the members in office shall constitute a quorum for the transaction of the
business of the Commission.</text>
</paragraph></subsection><subsection id="H9AE8BAD7434E4981BCB8381830EF0F6"><enum>(f)</enum><header>Basic
pay</header>
<paragraph id="H230B408C237D401E96EAA0F2A4A4F681"><enum>(1)</enum><header>Chairperson</header><text display-inline="yes-display-inline">From the amounts appropriated under section
211, the Chairperson shall be paid at the rate of basic pay for level III of
the Executive Schedule under <external-xref legal-doc="usc" parsable-cite="usc/5/5314">section 5314</external-xref> of title 5, United States
Code.</text>
</paragraph><paragraph id="H36E91B62F08F42F8A04411BBFAD12E0"><enum>(2)</enum><header>Members</header><text display-inline="yes-display-inline">From the amounts appropriated under section
211, each member of the Commission, with the exception of the Chairperson,
shall be paid at a rate of basic pay for level IV of the Executive Schedule
under <external-xref legal-doc="usc" parsable-cite="usc/5/5315">section 5315</external-xref> of title 5, United States Code.</text>
</paragraph></subsection><subsection id="H65B892AD0DF24314AE6E6BBD565ED6DB"><enum>(g)</enum><header>Ineligibility
for other offices</header>
<paragraph id="H62BAE302F209437E9C00A00043D3CAA2"><enum>(1)</enum><header>Other government
positions</header><text>No person may serve as a member of the Commission while
holding any position as an officer or employee of the Federal Government, any
State government, or any political subdivision of any State.</text>
</paragraph><paragraph id="H712355123A6E40C289E14771354F45E1"><enum>(2)</enum><header>Restriction
during service</header><text>No member of the Commission may—</text>
<subparagraph id="H8BC753024AFF4B6984F2E15216E94D00"><enum>(A)</enum><text>be an officer or
director of any insured depository institution, insured credit union,
depository institution holding company, Federal reserve bank, Federal home loan
bank, investment bank, mortgage bank, or any other entity which enters into any
contract with the Commission; or</text>
</subparagraph><subparagraph id="H7E5872BE501742CF8CE3EF94B9EDBB2"><enum>(B)</enum><text>hold stock in any
insured depository institution, depository institution holding company,
investment bank, mortgage bank, or any other entity which enters into any
contract with the Commission.</text>
</subparagraph></paragraph><paragraph id="H6A5456E4EAF74B868808201870718BED"><enum>(3)</enum><header>Certification</header><text>Upon
taking office, each member of the Commission shall certify under oath that such
member has complied with this subsection and such certification shall be filed
with the secretary of the Commission.</text>
</paragraph></subsection><subsection id="HD0901BE466B1483EB81F64F900BA193C"><enum>(h)</enum><header>Clarification of
nonliability</header>
<paragraph id="H405DF64A3C9646E1B6DA39BD66129FC5"><enum>(1)</enum><header>In
general</header><text>A director, member, officer, or employee of the
Commission has no liability under the Securities Act of 1933 with respect to
any claim arising out of or resulting from any act or omission by such person
within the scope of such person’s employment in connection with any transaction
involving the disposition of assets (or any interests in any assets or any
obligations backed by any assets) by the Commission. This subsection shall not
be construed to limit personal liability for criminal acts or omissions,
willful or malicious misconduct, acts or omissions for private gain, or any
other acts or omissions outside the scope of such person’s employment.</text>
</paragraph><paragraph id="H1A6BB2DA6FF44C16A77630D2DF8500E6"><enum>(2)</enum><header>Effect on other
law</header><text>This subsection shall not be construed as—</text>
<subparagraph id="H82E2484E98F646F1A0761DCDB1CF9DC2"><enum>(A)</enum><text>affecting—</text>
<clause id="HB72375840E4047D7BA6E5BEEB4CA0D7"><enum>(i)</enum><text>any
other immunities and protections that may be available to person to whom
paragraph (1) applies under applicable law with respect to such transactions;
or</text>
</clause><clause id="H432014732BF74B5BB874771F35BE213"><enum>(ii)</enum><text>any
other right or remedy against the Commission, against the United States under
applicable law, or against any person other than a person described in
paragraph (1) participating in such transactions; or</text>
</clause></subparagraph><subparagraph id="H7242BD7690194696933F1EE7F11D1C1E"><enum>(B)</enum><text>limiting or
altering in any way the immunities that are available under applicable law for
Federal officials and employees not described in this subsection.</text>
</subparagraph></paragraph></subsection><subsection id="H0E8AA23AEF2D4C29B057EDBF687B6549"><enum>(i)</enum><header>Principal
office</header><text>The principal office of the Commission shall be located in
the State of Louisiana. There may be established agencies or branch offices in
the District of Columbia and in any municipality in the Gulf Coast region to
the extent provided for in the by-laws of the Commission.</text>
</subsection><subsection id="H4E62D80DAD3348EABB59BE3E85A8FEB1"><enum>(j)</enum><header>Property owners’
rights and protections</header>
<paragraph id="HFA29EFB00DAF441AB1F1E5FDB4E084D"><enum>(1)</enum><header>No authority to
exercise eminent domain</header><text>The Commission shall have no authority to
acquire interests in property by eminent domain.</text>
</paragraph><paragraph id="HEB8ADB80B0B44DA6A17C9555138C72EA"><enum>(2)</enum><header>Local
invitation</header><text>Notwithstanding any other provision of this title, the
Commission may take no action in any municipality unless the local government
of such municipality has adopted a resolution of invitation for the
Commission’s assistance.</text>
</paragraph><paragraph id="H6F27A71106E34DA99F582E740098B0C3"><enum>(3)</enum><header>Compliance with
local development plans</header><text>The Commission shall have no authority to
carry out projects which are not consistent with local development plans
established by State or local government, or local advisory councils.</text>
</paragraph></subsection><subsection commented="no" id="HB4310BEB89234410B33905FE39FCB94D"><enum>(k)</enum><header>Termination</header><text>Section
14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to
the termination of advisory committees) shall not apply to the
Commission.</text>
</subsection></section><section id="HD05E77AB9CE94E62BC69F6DAD0F0BE6"><enum>102.</enum><header>Capitalization
of the Commission</header>
<subsection id="H55C6C73289C3450A903DA4267244CD0"><enum>(a)</enum><header>In
general</header><text>The Commission shall have capital stock subscribed to by
the Government in such amount as the President may determine to be appropriate,
to the extent provided in advance in an appropriation Act for any fiscal
year.</text>
</subsection><subsection id="H847AEC02E23D4DB79FBC24221DD148F9"><enum>(b)</enum><header>Certificates</header><text>Certificates
evidencing shares of nonvoting capital stock of the Commission shall be issued
by the Commission to the President of the United States, or to such other
person or persons as the President may designate from time to time, to the
extent of payments made for the capital stock of the Commission.</text>
</subsection><subsection id="HA53DF19CD55E44EF9BE136C280D9F346"><enum>(c)</enum><header>Public debt
transaction</header><text>For the purpose of purchasing shares of capital stock
of the Commission, the Secretary of the Treasury may use as a public-debt
transaction the proceeds of any securities issued under <external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/31/31">chapter 31</external-xref> of title 31,
United States Code.</text>
</subsection><subsection id="H5342412764F1421D8458756906C06E01"><enum>(d)</enum><header>Reports</header>
<paragraph id="H2191BD3596FC4231B0ED6669E199C4F5"><enum>(1)</enum><header>In
general</header><text>The Board shall submit to the Director of the Office of
Management and Budget and to the Secretary of the Treasury quarterly reports
and an annual report on the expenses of the Commission during the period
covered by the report, the financial condition of the Commission as of the end
of such period, the results of the Commission’s operations during such period,
and the progress made during such period in fulfilling the mission and purposes
of the Commission, together with a copy of the Commission’s financial operating
plans and forecasts for the annual or quarterly period (as the case may be)
succeeding the period covered by the report.</text>
</paragraph><paragraph id="HA7C8F7E1C4B5402F995280BC71BE6116"><enum>(2)</enum><header>Public
availability</header><text>Each report submitted to the Director of the Office
of Management and Budget and to the Secretary of the Treasury under paragraph
(1) shall be made available to the public.</text>
</paragraph></subsection><subsection id="HAB5B5FC729B440DDA221F6271ECA1E33"><enum>(e)</enum><header>Termination of
authority To issue stock</header><text>No shares of capital stock of the
Commission may be issued after the end of the 10-year period beginning on the
date of the enactment of this Act.</text>
</subsection><subsection id="HAB3380563269478EB84FCE20258B1B56"><enum>(f)</enum><header>Revenue used To
retire stock</header><text>Any net revenue of the Commission in excess of
amounts required to meet on-going expenses and investments shall be paid to the
Secretary of the Treasury to redeem the capital stock of the Commission and
shall be deposited in the general fund of the Treasury.</text>
</subsection></section><section id="HC6865E9B3C164E5C8CC0B966F4D431C"><enum>103.</enum><header>Officers,
employees, and other agents of the Commission</header>
<subsection commented="no" id="H3F7FCD4FF6034FADA9D0DCB2434B6CBE"><enum>(a)</enum><header>In
general</header><text>The Commission may appoint such managers, assistant
managers, officers, employees, attorneys, and agents, as are necessary for the
transaction of its business, fix their compensation, provide benefits including
pension and health care, define their duties, require bonds of such of them as
the Commission may designate, and provide a system of organization to fix
responsibility and promote efficiency.</text>
</subsection><subsection commented="no" id="HD8BA63732E874AFB009FE046DA12C500"><enum>(b)</enum><header>Staff</header>
<paragraph commented="no" id="H5049BCAD3D2549758C1F00FEAC939267"><enum>(1)</enum><header>Executive
director</header><text display-inline="yes-display-inline">The Commission shall
have an executive director, and hire officers as required. The executive
director shall be responsible for overall management of the Commission’s
operations, and supervising planning matters including the preparation and
amendment of the local project plans, and the assistance to local advisory
councils in their completion of local plans.</text>
</paragraph><paragraph commented="no" id="HA89C256DFD4642F6A620453116208C26"><enum>(2)</enum><header>Chief Regulatory
Officer</header><text>The Commission shall appoint a chief regulatory officer
to supervise the development of regional impact review process. The Commission
shall also have a clerk whose duties shall include the keeping of the
Commission’s official records.</text>
</paragraph></subsection><subsection commented="no" id="H0055E0412FA4462EB94710CB04168074"><enum>(c)</enum><header>Staff
duties</header><text>The executive director and other officers shall—</text>
<paragraph commented="no" id="H32477DD6E9034C87AFA5E366B244AB99"><enum>(1)</enum><text>coordinate project
planning with the relevant Federal, State, regional and municipal authorities,
laws and planning processes;</text>
</paragraph><paragraph commented="no" id="H0734D0DF9B8D4FD6000178C4E3DCD5C0"><enum>(2)</enum><text>work with State
and municipal governments and nonprofit leaders to develop guidelines and
regulations for districts of critical planning concern and regional funding
priorities;</text>
</paragraph><paragraph commented="no" id="H753048764E07452A922CD9A108FD0000"><enum>(3)</enum><text>assist residents
and local officials in forming local advisory councils;</text>
</paragraph><paragraph commented="no" id="H8D541814A19D4CF4AD65BF9474F84638"><enum>(4)</enum><text>assist local
advisory councils in developing proposals of priority projects which have not
yet been funded by prior Federal assistance for the Gulf Coast Civic Works
Projects;</text>
</paragraph><paragraph commented="no" id="H918CE67148824AD300AD6B6D2C390090"><enum>(5)</enum><text>evaluate the
adequacy of the respective component of each local recovery plan submitted to
the Commission for certification;</text>
</paragraph><paragraph commented="no" id="H4D0DA4E0E60B4B41B706F94B04B6C24"><enum>(6)</enum><text>monitor and
publicly record the progress of each local advisory council in implementing the
respective component of its local plan; and</text>
</paragraph><paragraph commented="no" id="HEA8F2B45539B47E1AC86296634BD00D8"><enum>(7)</enum><text>report to the
Commission on the progress of each municipality in implementing the respective
component of its local comprehensive plan.</text>
</paragraph></subsection><subsection commented="no" id="H70E3035C2BB7461C9CB7004D7E07A32F"><enum>(d)</enum><header>Removal</header><text>Any
appointee of the Commission may be removed in the discretion of the
Commission.</text>
</subsection><subsection commented="no" id="H345FD350E39B4538A1E84CE56673C790"><enum>(e)</enum><header>Contracts,
salaries, and wages</header><text>No regular officer or employee of the
Commission shall receive a salary in excess of that received by the members of
the Commission, and—</text>
<paragraph commented="no" id="HFF4F41A197764EC597DD632E2C8813D5"><enum>(1)</enum><text>all contracts to
which the Commission is a party and which require the employment of laborers
and mechanics in the construction, alteration, maintenance, or repair of
buildings, levees, or other projects shall contain a provision that not less
than the prevailing rate of wages for work of a similar nature prevailing in
the vicinity shall be paid to such laborers or mechanics;</text>
</paragraph><paragraph commented="no" id="H48D8597197114B7C82B3496656F7AD45"><enum>(2)</enum><text>in the event any
dispute arises as to what are the prevailing rates of wages, the question shall
be referred to the Secretary of Labor for determination, and his decision shall
be final. In the determination of such prevailing rate or rates, due regard
shall be given to those rates which have been secured through collective
agreement by representatives of employers and employees;</text>
</paragraph><paragraph commented="no" id="HDE1C97E4B65D46BFB020647CD5E3647D"><enum>(3)</enum><text>where such work as
is described in the two preceding paragraphs is done directly by the Commission
the prevailing rate of wages shall be paid in the same manner as though such
work had been let by contract; and</text>
</paragraph><paragraph commented="no" id="HE552DA0C368B4186A924B644DEDF3CD3"><enum>(4)</enum><text>insofar as
applicable, the workers compensation laws of the United States shall extend to
persons given employment under the provisions of this Act.</text>
</paragraph></subsection><subsection commented="no" id="H1D3BA15DF9D74BA3828C6B06FD53FAD2"><enum>(f)</enum><header>Political tests
prohibited in employment</header>
<paragraph commented="no" id="HC29C56B8766F4C368B74E6E4CFD36811"><enum>(1)</enum><header>Appointment</header><text>In
the appointment of officials and the selection of employees for the Commission,
and in the promotion of any such employees or officials, no political test or
qualification shall be permitted or given consideration, but all such
appointments and promotions shall be given and made on the basis of merit and
efficiency. Any member of the Board who is found by the President of the United
States to be guilty of a violation of this section shall be removed from office
by the President of the United States, and any appointee of the Board who is
found by the Board to be guilty of a violation of this section shall be removed
from office by the Board.</text>
</paragraph><paragraph commented="no" id="H3F3C170F96F145F5BB58FFB63C4C2856"><enum>(2)</enum><header>Compensation</header><text>In
the selection of employees for works projects authorized by the Commission,
made by an official, employee, or other authorized agent of the Commission, and
in the determination of wages or salaries, no political test or qualification
shall be permitted or given consideration, but all such selection, hiring,
appointments and promotions shall be given and made on the basis of merit and
efficiency.</text>
</paragraph><paragraph commented="no" id="HD5D09CE6AF2A4BCC8F78B8047E5B0040"><enum>(3)</enum><header>Contracts</header><text>In
the authorization of contracts or agreements made or entered into by an
official, employee, or other authorized agent of the Commission, and in the
determination or rates or terms of payment for such contracts and agreements,
no political test or qualification shall be permitted or given consideration,
but all such contracts and agreements shall be given and made on the basis of
merit, efficiency, and fiscal responsibility.</text>
</paragraph></subsection></section><section id="HDF0681D8FBA040AEA882066D8137A1D"><enum>104.</enum><header>Powers of the
Commission</header>
<subsection id="H8C5FFA0543984D2196DC262437D65667"><enum>(a)</enum><text>In addition to the
regulatory and planning powers contained in this Act, the Commission shall have
those powers necessary convenient to carry out the purposes and provisions of
this Act, including the following powers:</text>
<paragraph id="H3826C72C341D40E198DBF5F08C4D327E"><enum>(1)</enum><text>To sue and be
sued, and complain and defend, by and through its own attorneys, in any court
of law or equity, State or Federal.</text>
</paragraph><paragraph id="HA17B147F5E9A4A7BBEC79E84EEC4C09E"><enum>(2)</enum><text>To make use of
alternate dispute resolution mechanisms such as negotiation, mediation or
arbitration.</text>
</paragraph><paragraph id="HDDD8DB25420A48B596F0385564BAD465"><enum>(3)</enum><text>To prescribe
bylaws that are consistent with law to provide for—</text>
<subparagraph id="H7C1BCD9587654B96AE7DCC7102FA53D"><enum>(A)</enum><text>the management and
operational structure of the Commission;</text>
</subparagraph><subparagraph id="HE51747C9E05B41D4876748BFEA7F637"><enum>(B)</enum><text>the manner in which
general operations are to be conducted; and</text>
</subparagraph><subparagraph id="HC69C41D9C11A43AEAC2438C33F069CDC"><enum>(C)</enum><text>such other matters
as the Commission determines to be appropriate.</text>
</subparagraph></paragraph><paragraph id="HBC1523E508074F3300CE0850B0055B1"><enum>(4)</enum><text>To
fix the compensation and number of, and appoint, employees for any position
established by the Commission.</text>
</paragraph><paragraph id="H530BF425DEAF4404004677EFA4CDB500"><enum>(5)</enum><text>To apply for and
receive Federal and private grants and loans and to expend such funds with the
approval of the Commission.</text>
</paragraph><paragraph id="HDCD1AEADF2EE440AA6CB59B3DCBB6A7"><enum>(6)</enum><text>To
conduct investigations necessary to ensure compliance with the provisions of
the Act.</text>
</paragraph><paragraph commented="no" id="HCB214040E9A548B68BA1192CA84EB0E0"><enum>(7)</enum><text>To negotiate and
enter into Civic Works Project agreements as described in sections 106 and
107.</text>
</paragraph><paragraph id="H1465DC2111154DC80025958FA62BDE56"><enum>(8)</enum><text>To appoint hearing
officers and, where it deems appropriate, to delegate to such hearing officers
the responsibility to hold public hearings under this Act and to assemble and
report the record for decision by the Commission or its designee and recommend
decisions to the Commission or its designee; however, any applicant or party
aggrieved, following a hearing by a hearing officer, shall have the right to a
public hearing before the Commission in accordance with the provisions of
section 103 of this Act.</text>
</paragraph><paragraph id="H4E012D5A899440BCB2D313B2172838FB"><enum>(9)</enum><text>To recommend to
State and municipal agencies appropriate regulations for consistency with the
regional policy plan.</text>
</paragraph><paragraph id="H53058DC8C4854C08AF33C747C955DFF2"><enum>(10)</enum><text>To promulgate and
amend rules and regulations as appropriate to carry out its responsibilities
under this Act.</text>
</paragraph><paragraph id="H879CDA6A91EA4A4D830477739835DA85"><enum>(11)</enum><text>To appoint
advisory boards, councils, subcommittees and panels as it deems appropriate to
carry out its responsibilities under this Act.</text>
</paragraph><paragraph id="HE8EF318F8D714ACEB4C2D5D6094B2B00"><enum>(12)</enum><text>To recommend
public acquisition of specified land areas for preservation or recreational
purposes.</text>
</paragraph><paragraph id="H46B57FC2B9964B6195BCD43B33796C86"><enum>(13)</enum><text>To make use of
the services of Federal, State, county and local employees as may be available
to the Commission to carry out its responsibilities under this Act.</text>
</paragraph><paragraph id="H8E77F745E937479C00ED7F8D535DA6E1"><enum>(14)</enum><text>To coordinate its
regulatory functions with local, State, and Federal authorities and, where
possible and appropriate, to conduct joint hearings with those
authorities.</text>
</paragraph><paragraph id="H7BDC94FA0D1047A298AAF404CC6C908E"><enum>(15)</enum><text>To acquire funds
and to manage such funds.</text>
</paragraph><paragraph id="HE6269FBD8C9643C989BBDB94AD85E816"><enum>(16)</enum><text>To produce an
annual report which will be included in the annual Executive Office
report.</text>
</paragraph><paragraph id="HEC86B53E46B34FD7B78FF4DA1F8DBE26"><enum>(17)</enum><text>To reimburse
Commission members for reasonable expenses incurred in connection with their
service on the Commission consistent with Department of Homeland Security
administrative and budgetary procedures.</text>
</paragraph><paragraph id="HF2F950633943406494BF2E186170A900"><enum>(18)</enum><text>To conduct
studies in collaboration with local governments, nonprofit organizations,
industry organizations, and other State and Federal agencies in order to create
regional comprehensive workforce, infrastructure, and environment analysis and
development plans.</text>
</paragraph><paragraph id="H9A8B0B3608F64F4998908E9BA205CADC"><enum>(19)</enum><text>To assist local
governments and community planning organizations in developing local
comprehensive plans and, when requested, to assist local governments in
carrying out their local planning and regulatory responsibilities.</text>
</paragraph><paragraph id="HD8C59239490C45DF872E1F5729E4F4AF"><enum>(20)</enum><text>To review and
comment upon local comprehensive plans.</text>
</paragraph><paragraph id="HF8C6CBB08A034AAEA48D902D4B79ADA"><enum>(21)</enum><text>To conduct
community outreach and public education.</text>
</paragraph><paragraph id="H9F8CBA23E1204E0B8E0677FFDB616BB3"><enum>(22)</enum><text>To conduct an
annual public conference on workforce development, infrastructure development,
and land use in the Gulf Coast and to invite to such conference any private,
local, State, or Federal governmental representatives it deems
appropriate.</text>
</paragraph><paragraph id="H749B01AB065848EA8D11C59B5747627B"><enum>(23)</enum><text>To make grants to
build the capacity of and support capital improvements for community colleges,
vocational centers, nonprofit organizations, and other job-training facilities
and programs serving the affected region.</text>
</paragraph><paragraph id="HCCF202FF3D654A0394F7B84007BD49C"><enum>(24)</enum><text>To make grants and
provide technical assistance to municipalities for use in local planning
activities.</text>
</paragraph><paragraph id="H5D936EDC1510406FBD294760D100BCEC"><enum>(25)</enum><text>To provide
technical assistance, administrative support, and compliance training for small
businesses and job-training programs serving the affected region.</text>
</paragraph><paragraph id="H4A03F0ADB251485FBAAD6F04FF6BC13D"><enum>(26)</enum><text>To establish a
process and procedures for participating entities to hire employees, pay wages,
and developing capital facilities and developments of regional impact which are
necessary to ensure balanced growth.</text>
</paragraph><paragraph id="HCDECE482BE9244AAB693F21988468BAF"><enum>(27)</enum><text>To purchase or
lease and hold such real and personal property as it deems necessary or
convenient in the transaction of its business, and may dispose of any such
personal property held by it.</text>
</paragraph><paragraph id="H9B2BEACE8D0A46C4BB383622CC129BE"><enum>(28)</enum><text>To fund the
construction of new structures and facilities as necessary for the recovery of
the Gulf Coast region.</text>
</paragraph><paragraph id="H3857BD3C2DF54C15A064A0D0069DDD44"><enum>(29)</enum><text>Coordinate
national, State, district, county or municipal programs for the recovery and
development of the Gulf Coast region.</text>
</paragraph><paragraph id="H173FF0E8DBE8422085FB094FF645CCA3"><enum>(30)</enum><text>Formulate and
periodically require reports of progress on all projects; and, where avoidable
delay or malfeasance appears, to recommend appropriate measures for eliminating
such problems, and, similarly, to recommend the termination of projects for
cause.</text>
</paragraph><paragraph id="HFD32B2C6D440414280C88C606C5E734"><enum>(31)</enum><text>Prescribe rules
and regulations to—</text>
<subparagraph id="H02860635A7EA46E0AF0117F1E64EDD34"><enum>(A)</enum><text>assure that as
many of the persons employed on all work projects as is feasible shall be
persons residents affected or displaced by hurricanes Katrina or Rita;</text>
</subparagraph><subparagraph id="HC5BD282C5A144DDB92B0CE0000394B67"><enum>(B)</enum><text>utilize and
support as many of those individuals, communities, community organizations,
faith-based organizations, and businesses within the region as is feasible,
including for the provision of child care to the children of working
parents;</text>
</subparagraph><subparagraph id="H7A9F1F11DB0A414491D0322FB76019E6"><enum>(C)</enum><text>govern the
selection of such participating business and organizations on an open-bid
basis;</text>
</subparagraph><subparagraph id="H1213AE05D1CC4332B34DFB8635361FB"><enum>(D)</enum><text>ensure hiring,
planning and implementation adequately involve and look to protect the rights
and interests of vulnerable populations, including women, low-income people,
people of color, immigrants, the disabled, and the elderly;</text>
</subparagraph><subparagraph id="H2B95A0F6644B42AA83B0A509C5DCA0A"><enum>(E)</enum><text>develop, conduct,
and administer training and assistance programs, in connection with any program
under this title, including training and assistance programs for Federal wage
requirement compliance, in order that business enterprises with limited
capacity may achieve proficiency to compete, on an equal basis, for contracts
and subcontracts;</text>
</subparagraph><subparagraph id="H5A95EC30EA264C3CB71BEF123464D08"><enum>(F)</enum><text>enter into
contracts with private contractors, companies, and other public and private
entities, in compliance with the hiring, bidding, wage requirements of this
Act, to complete public projects;</text>
</subparagraph><subparagraph id="H5906BF1D1583497CA8972249015D9159"><enum>(G)</enum><text>formulate and
administer a system of uniform periodic reports of the employment on such
projects of persons, businesses, organizations, and communities from the
region; and</text>
</subparagraph><subparagraph id="H0894ED10E2744338B3DCB8AD1B15608F"><enum>(H)</enum><text>investigate wages
and working conditions and to make and submit to Congress such findings as will
aid Congress in prescribing working conditions, rates of pay, and continuance
or development of projects.</text>
</subparagraph></paragraph><paragraph id="H34AFD35A978A40F3BF014BCF28ED3E"><enum>(32)</enum><text>To
recommend and carry out useful projects designed to assure a maximum of
employment and recovery in affected localities.</text>
</paragraph></subsection><subsection id="HBF7F44980F8C485284F9D7A542F277E8"><enum>(b)</enum><header>Notice of
hearing</header><text>Whenever the Commission is required to provide notice of
a public hearing pursuant to the provisions of this Act, the Commission shall
give notice by publication in a newspaper of general circulation throughout the
region once in each of two successive weeks, the first publication to be not
less than fourteen days before the day of the hearing. Notice shall also be
posted in a conspicuous place in the Commission’s offices not less than 14 days
before the day of the hearing. Copies of all documents subject to notice and
hearing shall be available for public inspection at the Commission’s office
during normal business hours.</text>
</subsection><subsection id="H2CD2F1AAD91B4CD391F8B8FA0871ED40"><enum>(c)</enum><header>Termination of
contract for cause</header><text>In the case of any service contract between
the Commission and any other person, the Commission may terminate such contract
for cause, whether by reason of breach of contract, violation of regulations or
guidelines of the Commission, or otherwise, or bar any such person from
entering into any other contract, after notice and an opportunity for an agency
hearing on the record.</text>
</subsection><subsection id="H8A5C766FC3954B43839600B81EF2E893"><enum>(d)</enum><header>Agency
authority</header>
<paragraph id="H3373FBF322B44A27B5BFA8118F333826"><enum>(1)</enum><header>Status</header><text>The
Commission in any capacity, shall be an agency of the United States for
purposes of <external-xref legal-doc="usc" parsable-cite="usc/28/1345">section 1345</external-xref> of title 28, United States Code, without regard to
whether the Commission commenced the action.</text>
</paragraph><paragraph id="HAE1ACBD3245B4DD4855DDE3474B3C6E4"><enum>(2)</enum><header>Federal court
jurisdiction</header>
<subparagraph id="HB900251B8966444C82CBCB6BE0098E78"><enum>(A)</enum><header>In
general</header><text>All suits of a civil nature at common law or in equity to
which the Commission, in any capacity, is a party shall be deemed to arise
under the laws of the United States.</text>
</subparagraph><subparagraph id="HC240E583C64A43B5B9BF6DF8E38DEA00"><enum>(B)</enum><header>Removal</header><text>The
Commission may, without bond or security, remove any action, suit, or
proceeding from a State court to the appropriate United States district court
before the end of the 90-day period beginning on the date the action, suit, or
proceeding is filed against the Commission or the Commission is substituted as
a party.</text>
</subparagraph><subparagraph id="H9F6381E88D944683872397B9812EE914"><enum>(C)</enum><header>Appeal of
remand</header><text>The Commission may appeal any order of remand entered by
any United States district court.</text>
</subparagraph></paragraph><paragraph id="HB1E9A63E0E8844EDB59495B7F74EECB3"><enum>(3)</enum><header>Service of
process</header><text>The Commission shall designate agents upon whom service
of process may be made in States comprising the Gulf Coast region and the
District of Columbia.</text>
</paragraph><paragraph id="H1FEB48225CEE43E4AD629DD6B684C579"><enum>(4)</enum><header>Bonds or
fees</header><text>The Commission shall not be required to post any bond to
pursue any appeal and shall not be subject to payments of any filing fees in
United States district courts or courts of appeal.</text>
</paragraph></subsection><subsection id="H7C4BFFB078584E0AB2459B3EC218D04F"><enum>(e)</enum><header>Real estate and
other property</header><text>In order to enable the Commission to exercise the
powers and duties vested in it by this Act:</text>
<paragraph id="H1B4623EC128B440CB29B399BB300E578"><enum>(1)</enum><text>The exclusive use,
possession, and control of necessary real estate, together with all facilities
connected therewith, and tools, machinery, equipment, accessories, and
materials belonging thereto, and all laboratories and plants used as
auxiliaries thereto; and all machinery, lands, and buildings in connection
therewith, and all appurtenances thereof, and all other property to be acquired
by the Commission in its own name or in the name of the United States of
America, are hereby entrusted to the Commission for the purposes of the
Act.</text>
</paragraph><paragraph id="H282F7125EAA845A6B4B0D201F2DECBB6"><enum>(2)</enum><text>The President of
the United States is authorized to provide for the transfer to the Commission
of the use, possession, and control of such other real or personal property of
the United States, as he may from time to time deem necessary and proper for
the purposes of the Commission as herein stated.</text>
</paragraph></subsection><subsection id="H7169FBB0BF55474794FFFC14B6DEB2C"><enum>(f)</enum><header>Financial
statements and reports</header>
<paragraph id="H8E03CF3806BA4B84B65855DA64E4F79D"><enum>(1)</enum><text>The Commission
shall at all times maintain complete and accurate accounting of all costs and
expenses associated with the holding and management of any asset or liability
acquired by the Commission and in carrying out the activities of the Commission
under this Act.</text>
</paragraph><paragraph id="HB24A2301764346DCBB54A0D4215E2525"><enum>(2)</enum><text>The Board shall
file with the President and with the Congress, in December of each year, a
financial statement and a complete report as to the business of the Commission
covering the preceding governmental fiscal year. This report shall include a
statement of all costs associated with the Commission and its associated
projects, including an itemized statement of the cost of administration, the
cost of employee salaries and wages, the cost of materials, and the total
number or employees and the names, salaries, and duties of those receiving
compensation at the rate of more than $35/hour or $45,000 a year.</text>
</paragraph><paragraph id="H04F9ACE3E3844CA4B8000056E1C9F39"><enum>(3)</enum><text>The rules of the
Office of the Inspector General and the Comptroller General of the United
States shall apply to the activities and accounts of the Commission, including
the regular oversight and audits of the Commission. In such connection, the
Offices of the Inspector General and the Comptroller General, and their
authorized agents, shall have free and open access to all papers, books,
record, files, accounts, plants, warehouses, offices, and all other things,
property and places belonging to or under the control of or used or employed by
the Commission, and shall be afforded full facilities for counting all cash and
verifying transactions with and balances in depositories.</text>
</paragraph></subsection><subsection id="HFBAA92C18B4243A3B3EDBF8B9DFC18F8"><enum>(g)</enum><header>Reservation of
rights and remedies</header><text>The Government of the United States hereby
reserved the right, in case of war or national emergency declared by Congress,
to take possession of all or any part of the property described or referred to
in this Act for the purpose of national security, defense, or for any other
purposes; but, if this right is exercised by the Government, it shall pay the
reasonable and fair damages that may be suffered by any party whose contract is
hereby violated, after the amount of the damages has been fixed by the United
States Courts of Claims in proceedings instituted and conducted for that
purpose under rules prescribed by the court.</text>
</subsection><subsection id="HE7AE339D6889497585EBA44C39657218"><enum>(h)</enum><header>Recommendations
and further legislation</header><text>The President shall, from time to time,
as the work provided for in the preceding section progresses, recommend to
Congress such legislation as he deems proper to carry out the general purposes
stated in such section, and for the special purpose of bring about in the Gulf
Coast region in conformity with the general purposes—</text>
<paragraph id="HBB4E01416A5C4E8800B0EC048E14383C"><enum>(1)</enum><text>the physical
reconstruction and improvement of the devastated Gulf Coast region;</text>
</paragraph><paragraph id="H25AA03F7B27D46619C89D9BCBD500056"><enum>(2)</enum><text>the improvement of
levees and other flood control systems;</text>
</paragraph><paragraph id="H2102227023F54BBA94B4282E73D6C4F6"><enum>(3)</enum><text>the economic and
social well-being of the people living in the Gulf Coast Region;</text>
</paragraph><paragraph id="H5B3A6F682A2448B2B16F6CAC271D87E"><enum>(4)</enum><text>the creation of
jobs and job training programs; and</text>
</paragraph><paragraph id="H79C9C9E87C4442FFA030C3719EC8404F"><enum>(5)</enum><text>the economic
development of the Gulf Coast region.</text>
</paragraph></subsection><subsection id="HC2558A0A7E534C3F984320D0946B007B"><enum>(i)</enum><header>Local
development plans</header>
<paragraph id="H894307ED52F647CF00BF58C8E9E8F6BD"><enum>(1)</enum><header>Establishment of
local advisory councils</header>
<subparagraph id="HEE547BC941664D3BAA288E90802419C"><enum>(A)</enum><header>In
general</header>
<clause id="HBB39DCE1AD784E49AA1219446BC87C23"><enum>(i)</enum><header>Designation by
municipalities</header><text>Not later than 30 days after the date of the
adoption of a resolution of invitation described in section 101(d)(2), any
municipality of over 25,000 people in the affected area may designate an entity
to serve in an advisory capacity to the Commission.</text>
</clause><clause commented="no" id="H6F97B5D289714A718B334882B23E57FA"><enum>(ii)</enum><header>Other
municipalities</header><text>For any municipality that does not designate an
advisory entity under clause (i)—</text>
<subclause commented="no" id="H143E4E0046964F0BBBDE1967C786B9DE"><enum>(I)</enum><text>in each
municipality of over 25,000 people in the Gulf Coast Region in which the
Commission operates, the Commission shall provide for the establishment of a
local advisory council; and</text>
</subclause><subclause commented="no" id="H9BE36F82567842668ECC2893107BDA6B"><enum>(II)</enum><text display-inline="yes-display-inline">in each municipality under 25,000 in the
Gulf Coast Region in which the Commission operates, the Commission shall
provide for the establishment of a local advisory council by combining, with
the cooperation and consent of such municipalities, multiple municipalities
that are, to the maximum extent practicable, located contiguously.</text>
</subclause></clause></subparagraph><subparagraph id="H7DF99AE854CA4D6F916867D528A9A087"><enum>(B)</enum><header>Membership</header><text>Each
local advisory council shall consist of such local elected officials (including
municipal officials), community groups (such as homeowners and community
associations), and other interested, qualified, groups as the Commission may
determine to be appropriate. Each local advisory council shall have gender,
age, ethnic and racial diversity reflective of the communities they represent,
and shall have diverse experience and knowledge representative of the issues
related to complete recovery including, but not limited to: coastal
restoration, infrastructure, social services, and worker and immigrant
rights.</text>
</subparagraph><subparagraph id="H8607125059864912A0CE2CA584091BCD"><enum>(C)</enum><header>Consultation</header><text>The
Commission shall consult with each local advisory council to determine which
Civic Works Projects to fund in each municipality. In addition to consultation
with each local advisory council, the Commission shall consult with a broad
range of local officials and community groups, including those that are not
part of the local advisory council. The Commission shall hold public meetings,
periodically and in advance of major decisions, in the affected municipality to
receive input from the affected communities.</text>
</subparagraph><subparagraph id="H9F2881206193420380C2624CAADD16EA"><enum>(D)</enum><header>Local advisory
council assessments</header><text>Each local advisory council shall provide an
assessment to the Commission which shall include the following:</text>
<clause id="HC59B776E5799472E880065FD17A56879"><enum>(i)</enum><text>Review of the
state of recovery and needs in their area, including—</text>
<subclause id="H6D022038569240B7A320E23BB3E06E92"><enum>(I)</enum><text>workforce
development;</text>
</subclause><subclause id="H9A01F805449E4629A74067D158D46935"><enum>(II)</enum><text>workforce
housing;</text>
</subclause><subclause id="H66EC1BDB3298425DAE240094187DB1D1"><enum>(III)</enum><text>employment;</text>
</subclause><subclause id="HBAA650B1079B4B19A12C1EBDDBDAB36"><enum>(IV)</enum><text>disaster
mitigation;</text>
</subclause><subclause id="H393E4A768C2D419188E27D9182DFA887"><enum>(V)</enum><text>infrastructure and
public works, including roads, bridges, water systems, public transportation,
schools, hospitals, childcare facilities, police and fire stations, training
facilities, and municipal, parish, county and State facilities;</text>
</subclause><subclause id="H7B18013367AA40049CFE10945E0965EE"><enum>(VI)</enum><text>environmental
restoration, including restoring wetlands, barrier islands, watersheds,
fisheries, and forests; energy efficiency; art, architecture, and cultural
needs; and</text>
</subclause><subclause id="H5EDB07C1DB894488A2779D261D4F6E5E"><enum>(VII)</enum><text>accessibility of
work related services like childcare, transit, and healthcare;</text>
</subclause></clause><clause id="HA665C4B3F98C45C895377C8800CC56BA"><enum>(ii)</enum><text>Identification of
community assets such as interested governmental, nonprofit, faith-based and
private partners including—</text>
<subclause id="HDBEC4E19DAEC49F587A2F210F03E7897"><enum>(I)</enum><text>workforce
intermediaries; identifying workers; helping residents find work and relevant
available training opportunities; and identifying existing businesses workforce
needs;</text>
</subclause><subclause id="HD22C4EDD92B24A358D17DC63C507E251"><enum>(II)</enum><text>training
entities; and</text>
</subclause><subclause id="H6BEDFFAB570D4433B1F157B6653EA3B0"><enum>(III)</enum><text>local and small
and disadvantaged businesses as possible subcontractors on recovery contracts;
and</text>
</subclause></clause><clause id="HC6A8DD25869E43148EDE69E5F84F9276"><enum>(iii)</enum><text>A
list of all known local, small or disadvantaged businesses interested in
participating in subcontracting opportunities related to recovery projects to
be considered by prime contractors in Civic Works Projects selected under
section 106.</text>
</clause></subparagraph><subparagraph id="H8392B92B1B7E45DBAEDF563E69DBEC1F"><enum>(E)</enum><header>Project
proposals</header><text>Local advisory councils shall utilize consultation and
assessment to create Civic Works Projects consistent with the purposes of this
Act. The creation of Civic Works Projects must include community input through
public hearings in the community with opportunity for notice and comment from
the affected community.</text>
</subparagraph><subparagraph commented="no" id="H9FC1AA8099444DAD80AEEA13A1480244"><enum>(F)</enum><header>Civic works
project proposals</header><text>The Commission will review bids submitted by
contractors for development projects within the local advisory council’s
jurisdiction. Contracts with both subcontractors and prime contractors will be
accepted or denied based on the sealed open bid process described in section
107, with priority given to local, small and disadvantaged businesses and
businesses that employ local or displaced residents, women, minorities,
immigrants, persons with disabilities, and that provide living wages for
employees, and have policies for environmental protection and efficient use of
energy.</text>
</subparagraph><subparagraph id="H9A4C6AB4FB45442099D2CC3BC528D835"><enum>(G)</enum><header>Local
oversight</header><text>Local advisory councils shall communicate with
subcontractors and prime contractors to insure that development projects are
being carried out consistent with local development plans, guidelines, and
budgets. All contractors must adhere to requirements set forth by the local
advisory councils and by the general guidelines set forth by the Commission.
The Commission will make available technical support to the local advisory
councils to ensure oversight.</text>
</subparagraph><subparagraph id="H539A88E8AEFE4298BFEF85C900D70941"><enum>(H)</enum><header>Local
coordination</header><text>Each local advisory council will coordinate existing
community resources including but not limited to Workforce Investment Boards,
job training providers, faith-based organizations, and nonprofit organizations
to carry out projects under this Act. Where resources or capacity to carry out
projects is not available, the local advisory council may apply to the
Commission for funding to create new programs, agencies, or services.</text>
</subparagraph><subparagraph id="H06A086F404C84A2F9C8672C0B68543A"><enum>(I)</enum><header>Project
funding</header><text>After each local advisory council has completed
consultation, assessment and identified existing local resources as required by
this Act, the local advisory council may apply to the Commission for funding to
carry out the proposed project.</text>
</subparagraph></paragraph><paragraph id="H4631AC71A12C406890CBA58F2D6E08B"><enum>(2)</enum><header>Local development
plans</header><text>In executing the redevelopment mandate under this title,
the Commission—</text>
<subparagraph id="H3AC08097A98247A6914CC114733DA1BD"><enum>(A)</enum><text>shall take into
account and comply with any redevelopment plan established by State and local
government officials; and</text>
</subparagraph><subparagraph id="H7A7D35B41DFB418580607F424B13CD02"><enum>(B)</enum><text>may only solicit
bids for such redevelopment that are based on and comply with a plan developed
by local governments, if such a plan exists.</text>
</subparagraph></paragraph></subsection></section><section id="HF3A6518FFD8A49D4A754F99D19F7A05F"><enum>105.</enum><header>Regional
coordination</header>
<subsection id="HC1F7B00E2B6E498194765C09F600CD05"><enum>(a)</enum><header>Establishment of
regional taskforces</header><text>The Commission shall establish regional
taskforces as are necessary to carry out the purposes of this Act and ensure
local projects provide for regionally coordinated workforce, infrastructure,
and sustainable land development along the Gulf Coast.</text>
</subsection><subsection id="HAF7A1871445E4A8A9E00C409EAFB09A1"><enum>(b)</enum><header>Purpose of
taskforces</header><text>The purpose of a taskforce shall be to examine Civic
Works Project funding and ensure local funding priorities help advance long
term needs and planning of Federal, State, regional and nongovernmental
bodies.</text>
</subsection><subsection id="H16C376FCF9264877B1891900C960D6C0"><enum>(c)</enum><header>Regional policy
plan</header><text>The Commission shall in consultation with local advisory
councils, the regional taskforces and any other committee established prepare a
regional policy plan for the region which shall be designed to present a
coherent set of regional planning policies and objectives to guide development
throughout said region and to protect the region’s communities, businesses, and
resources, and which shall reflect and reinforce the goals and purposes set out
in this Act.</text>
</subsection><subsection id="H860704A8F12749ABAC3331EB282407F6"><enum>(d)</enum><header>Contents of
regional policy plan</header><text>The regional policy plan shall
include—</text>
<paragraph id="H2CE0D780992E43C3B93ED508654B71AF"><enum>(1)</enum><text>identification of
the region’s critical resources and management needs, including its natural,
coastal, historical, recreational, cultural, architectural, aesthetic, public
infrastructure, workforce, and economic resources, available open space, and
available regions for industrial, agricultural, aquacultural and development
activity;</text>
</paragraph><paragraph id="HB401C1FB7DD7499DAE9F0026021B0105"><enum>(2)</enum><text>a
growth policy for the region including guidelines for the protection workers,
businesses, and regional resources and the provision of capital facilities
necessary to meet current and anticipated needs;</text>
</paragraph><paragraph id="H6A99E8DF054848B2878FB70600427910"><enum>(3)</enum><text>regional goals for
the provision of fair, affordable housing, job creation, waste disposal, open
space, recreation, coastal resources, capital facilities, economic development,
historic preservation, and any other goals deemed appropriate and important by
the commission; and</text>
</paragraph><paragraph id="H91D8F8B7361A469D0082B4F2F9825DB1"><enum>(4)</enum><text>a
policy for coordinating regional and local planning efforts, including
coordinating planning activities of private parties and local, State, or
Federal governmental authorities.</text>
</paragraph></subsection></section><section id="HDC8FF100F1CF44EC84B586543EEB6563"><enum>106.</enum><header>Sealed open
proposal process</header>
<subsection id="H5726A9C6D5B1451A9E4125C85600F198"><enum>(a)</enum><header>Selection of
Civic Works Projects through competitive sealed proposals</header>
<paragraph id="HD97F68203CD2432581009000ED07FC7E"><enum>(1)</enum><text>All Civic Works
Projects shall be awarded by competitive sealed proposal except as otherwise
provided.</text>
</paragraph><paragraph id="HF063C317D5534A83BAEE7DF4027496E"><enum>(2)</enum><text>An
invitation for proposals shall be issued and shall include a project
description, goals, lists of prospective project governmental, nonprofit and
private partners and roles and all contractual terms and conditions applicable
to the Civic Works Projects.</text>
</paragraph><paragraph id="H594D7C86A3914BCEAB0700BE128678E6"><enum>(3)</enum><text>Adequate public
notice of the invitation for proposals shall be given at least fourteen days
prior to the date set forth therein for the opening of proposals, pursuant to
rules. Such notice may include publication by electronic on-line access or in a
newspaper of general circulation at least fourteen days prior to bid
opening.</text>
</paragraph><paragraph id="H16D7C53689F94764854B796072AF41B3"><enum>(4)</enum><text>Proposals shall be
opened publicly in the presence of one or more witnesses at the time and place
designated in the invitation for proposals. The relevant information as may be
specified by rules, together with the name of each proposing entity, shall be
entered on a record, and the record shall be open to public inspection. After
the time of the award, all proposals and proposal documents shall be open to
public inspection.</text>
</paragraph><paragraph id="H964408CEB25B481CB82C616BB3AEEFE9"><enum>(5)</enum><text>Proposals shall be
unconditionally accepted. Proposals shall be evaluated based on the
requirements set forth in the invitation for proposals, which may include
criteria to determine acceptability, such as inspection, testing, quality,
workmanship, delivery, and suitability for a particular purpose. Those criteria
that will affect the costs and be considered in the evaluation for award shall
be objectively measurable, such as discounts, transportation costs, and total
or life-cycle costs.</text>
</paragraph><paragraph id="H620C4709FAB849638800CE3B7149B71B"><enum>(6)</enum><text>Withdrawal of
inadvertently erroneous bids before the award may be permitted pursuant to
rules if the bidder submits proof of evidentiary value which clearly and
convincingly demonstrates that an error was made. Except as otherwise provided
by rules, all decisions to permit the withdrawal of bids based on such bid
mistakes shall be supported by a written determination made by the responsible
officer.</text>
</paragraph><paragraph id="H3A2A1F212D3C40EEBA892DA0E50000A8"><enum>(7)</enum><text>The agreement
shall be awarded with reasonable promptness by written notice to the proposing
entities whose proposals best meet the requirements and criteria set forth in
the invitation for proposals.</text>
</paragraph></subsection><subsection id="HE8E09A03CFFC4649A27DD702E9F4EFC6"><enum>(b)</enum><header>Solicitation of
proposals by electronic on-line access</header><text>The Commission may invite
proposals using electronic on-line access, including the internet, for purposes
of acquiring contracts for public projects on behalf of the Commission or a
Local Advisory Council.</text>
</subsection><subsection id="HAF2217AC32A04F49A50089FB065CCADA"><enum>(c)</enum><header>Cancellation of
invitations for proposals</header><text>An invitation for bids or any other
solicitation may be cancelled or any or all proposals may be rejected in whole
or in part as may be specified in the solicitation when it is in the best
interests of the Commission. The reasons for any cancellation or rejection
shall be made part of the contract file.</text>
</subsection><subsection id="H70FE6E7ECDA24558B11CEACC2875BC4D"><enum>(d)</enum><header>Responsibility
of proposing entity and offerors</header>
<paragraph id="H0CF622315E97444F83DAA95D6970AC8B"><enum>(1)</enum><text>A
written determination of nonresponsibility of a proposing entity or offeror
shall be made pursuant to rules. The unreasonable failure of a proposing entity
or offeror to promptly supply information in connection with an inquiry with
respect to responsibility may be grounds for a determination of
nonresponsibility with respect to such proposing entity or offeror.</text>
</paragraph><paragraph id="H256895A5A9294E21993B08C15C6FF31"><enum>(2)</enum><text>Information
furnished by a proposing entity or offeror pursuant to this section shall not
be disclosed without prior written consent by the bidder or offeror.</text>
</paragraph></subsection><subsection id="H63CA5F24C4FE46E9A2B701F701B25279"><enum>(e)</enum><header>Rules and
regulations</header><text>The Commission shall promulgate rules and regulations
which are designed to implement the provisions of this section. The rules shall
include provisions requiring the Commission or Local Advisory Council to keep
certain public project records, even if duplicative, in accordance with
generally accepted cost accounting principles and standards.</text>
</subsection><subsection id="H6BB6FBE684D7464593778245E5B73D6C"><enum>(f)</enum><header>Finality of
determinations</header><text>The determinations required are final and
conclusive unless they are clearly erroneous, arbitrary, capricious, or
contrary to law.</text>
</subsection><subsection id="HDB02781AC98B4D9AB8A72DA4D6FDA743"><enum>(g)</enum><header>Reporting of
anticompetitive practices</header><text>When for any reason collusion or other
anticompetitive practices are suspected among any proposing entity or offerors,
a notice of the relevant facts shall be transmitted to the Attorney General of
the United States or other appropriate authority.</text>
</subsection><subsection id="HA76E234E494E4E1B883B7D99DEE2BA9"><enum>(h)</enum><header>Prohibition of
dividing work of public project</header><text>It is unlawful for any person to
divide a work of a public project into two or more separate projects for the
sole purpose of evading or attempting to evade the requirements of this
article.</text>
</subsection></section><section id="HDECD221239C148B6BBF298FB0061F126"><enum>107.</enum><header>Sealed open bid
process</header>
<subsection id="HE50D56EBC9B14BE1907600D8A1546C3F"><enum>(a)</enum><header>Contracting of
Civic Works Projects through competitive sealed bidding</header><text display-inline="yes-display-inline">The following are requirements for the
contracting of Civic Works Projects selected under section 106:</text>
<paragraph commented="no" id="HBA642031733847318997DC60AD0784B0"><enum>(1)</enum><text>All contracts for
Civic Works Projects shall be awarded by competitive sealed bidding except as
otherwise provided.</text>
</paragraph><paragraph id="H338B5E92765440E1AF91391E8248ED36"><enum>(2)</enum><text>An invitation for
bids shall be issued and shall include a project description and all
contractual terms and conditions applicable to the project.</text>
</paragraph><paragraph id="HB3C98C160EED46A5A65D28352FDB95F5"><enum>(3)</enum><text>Adequate public
notice of the invitation for bids shall be given at least 14 days prior to the
date set forth therein for the opening of bids, pursuant to rules prescribed by
the Commission. Such notice may include publication by electronic on-line
access or in a newspaper of general circulation at least fourteen days prior to
bid opening.</text>
</paragraph><paragraph id="H8E188A3DCACE4F829E19ACD75CDCBF41"><enum>(4)</enum><text>Bids shall be
opened publicly in the presence of one or more witnesses at the time and place
designated in the invitation for bids. The amount of each bid and such other
relevant information as may be specified by rules, together with the name of
each bidder, shall be entered on a record, and the record shall be open to
public inspection. After the time of the award, all bids and bid documents
shall be open to public inspection in accordance with the provisions of title 5
of the United States Code, section 552.</text>
</paragraph><paragraph id="HA9A68C1524F44258A52145A1D7A0A844"><enum>(5)</enum><text>Bids shall be
unconditionally accepted. Bids shall be evaluated based on the requirements set
forth in the invitation for bids, which may include criteria to determine
acceptability, such as inspection, testing, quality, workmanship, delivery, and
suitability for a particular purpose. Those criteria that will affect the bid
price and be considered in the evaluation for award shall be objectively
measurable, such as LEED certification, wages and benefits to employees or
subcontractors, percentage of women, and minorities hired, number of residents
and displaced residents hired, discounts, transportation costs, and total or
life-cycle costs.</text>
</paragraph><paragraph id="HD402D7AB3F3846C69F72006DE1DB4BC"><enum>(6)</enum><text>Withdrawal of
inadvertently erroneous bids before the award may be permitted pursuant to
rules if the bidder submits proof of evidentiary value which clearly and
convincingly demonstrates that an error was made. Except as otherwise provided
by rules, all decisions to permit the withdrawal of bids based on such bid
mistakes shall be supported by a written determination made by the responsible
officer.</text>
</paragraph><paragraph id="H5CE9B4C90EDB4E6CA506924756C33DD9"><enum>(7)</enum><text>The contract shall
be awarded with reasonable promptness by written notice to the low responsible
bidder whose bid meets the requirements and criteria set forth in the
invitation for bids. In the event that all bids for a construction project
exceed available funds, as certified by the appropriate fiscal officer, the
responsible officer is authorized, in situations where time or economic
considerations preclude re-solicitation of work of a reduced scope, to
negotiate an adjustment of the bid price with the low responsible bidder in
order to bring the bid within the amount of available funds; except that the
functional specifications integral to completion of the project may not be
reduced in scope, taking into account the project plan, design, and
specifications and quality of materials.</text>
</paragraph></subsection><subsection commented="no" id="H054CD9C316B34FFF85CDFB0027A613C2"><enum>(b)</enum><header>Exceptions</header><text>The
requirements described in subsection (a) shall not apply to:</text>
<paragraph commented="no" id="H328D48FB37934498A0C07522FBF2A9AC"><enum>(1)</enum><text>A Civic Works
Project for which the agency of government receives no bids or for which all
bids have been rejected.</text>
</paragraph><paragraph commented="no" id="HD4D8E0009CB54A6B8E10B589C6BC2BA3"><enum>(2)</enum><text>A situation for
which the Commission determines it is beneficial to the public good for the
Commission to act as the prime contractor and administer the specific Civic
Works Project.</text>
</paragraph><paragraph commented="no" id="H3DC476B9A63D4F4286AC373AA1695CC"><enum>(3)</enum><text>A situation for
which the Commission determines it is necessary to make emergency procurements
or contracts because there exists a threat to public health, welfare, or safety
under emergency conditions, but such emergency procurements or contracts shall
be made with such competition as is practicable under the circumstances. A
written determination of the basis for the emergency and for the selection of
the particular contractor shall be included in the contract file.</text>
</paragraph><paragraph commented="no" id="H2F402B0260F043CFB86735AE00B3842B"><enum>(4)</enum><text>Nothing in this
article shall be construed to affect or limit any additional requirements
imposed upon the Commission for awarding contracts for Civic Works
Projects.</text>
</paragraph></subsection><subsection id="H89547C58575F49D29EF93B4B939C4CE5"><enum>(c)</enum><header>Solicitation of
bids by electronic on-line access</header><text>The Commission may invite bids
using electronic on-line access, including the internet, for purposes of
acquiring contracts for public projects on behalf of the Commission or a Local
Advisory Council.</text>
</subsection><subsection id="H22104B186721485AB93E009243DB9447"><enum>(d)</enum><header>Cancellation of
invitations for bids</header><text>An invitation for bids or any other
solicitation may be cancelled or any or all bids or proposals may be rejected
in whole or in part as may be specified in the solicitation when it is in the
best interests of the Commission. The reasons for any cancellation or rejection
shall be made part of the contract file.</text>
</subsection><subsection id="H2FEE6B66604C4CA099B45BD42FDEC3CC"><enum>(e)</enum><header>Responsibility
of bidders and offerors</header>
<paragraph id="HBBE0E2748A4B4397A9B4E7BD097DBF64"><enum>(1)</enum><text>A
written determination of nonresponsibility of a bidder or offeror shall be made
pursuant to rules. The unreasonable failure of a bidder or offeror to promptly
supply information in connection with an inquiry with respect to responsibility
may be grounds for a determination of nonresponsibility with respect to such
bidder or offeror.</text>
</paragraph><paragraph id="HC5DFDAE66C324AF681FB07C5F2C22700"><enum>(2)</enum><text>Information
furnished by a bidder or offeror pursuant to this section shall not be
disclosed without prior written consent by the bidder or offeror.</text>
</paragraph></subsection><subsection id="HCD026F400A0E43839FD78045F81F68F2"><enum>(f)</enum><header>Prequalification
of contractors</header><text>Prospective contractors may be prequalified for
particular types of construction, and the method of compiling a list of and
soliciting from such potential contractors shall be pursuant to rules to be
promulgated by the Commission.</text>
</subsection><subsection id="H6F051BC1249344B887F3DCE288D7E4C"><enum>(g)</enum><header>Types of
contracts</header><text>Subject to the limitations of this section, any type of
contract which will promote the best interests of the agency of government may
be used; except that the use of a cost-plus-a-percentage-of-cost contract is
prohibited. A cost-reimbursement contract may be used only when a determination
is made in writing that such contract is likely to be less costly to the agency
of government than any other type of contract or that it is impracticable to
obtain the construction required unless the cost-reimbursement contract is
used.</text>
</subsection><subsection id="H573F31CB0B4943F2BD5530185622D75F"><enum>(h)</enum><header>Commission To
submit cost estimate</header>
<paragraph id="H7D74814BF4C547AE9CDC00D6BB7B3FCB"><enum>(1)</enum><text>Whenever the
Commission or Local Advisory Council proposes to undertake the construction of
a public project reasonably expected to cost less than fifty thousand dollars
($50,000) by any means or method other than by a contract awarded by
competitive bid, it shall prepare and submit a cost estimate in the same manner
as other bidders; except that, for projects under the supervision of Commission
or Local Advisory Councils undertaken by such means or method, the Commission
or Local Advisory Council shall prepare a cost estimate. The Commission or
Local Advisory Council itself may not undertake the proposed project unless it
shows the lowest cost estimate.</text>
</paragraph><paragraph id="H8A5BDC7634274E1EB4C0CBD671001944"><enum>(2)</enum><text>In preparing such
cost estimate, the Commission or Local Advisory Council shall preserve a full,
true, and accurate record of the cost of such project. Such records shall be
kept and maintained by the responsible officer on behalf of the Commission or
Local Advisory Council. To the extent the Commission or Local Advisory Council
contracts with any other Federal, State, or local government agency in
connection with a public project, such other agency shall provide all necessary
data or information to enable the Commission or Local Advisory Council to
document a full, true, and accurate record of the cost of such project, which
data or information shall be kept in an orderly manner by the Commission or
Local Advisory Council for a period of at least six years after completion of
the project. All such records shall be considered public records and shall be
made available for public inspection.</text>
</paragraph><paragraph id="H4C64BE555CF24524A4FC331CC9E11B13"><enum>(3)</enum><text>The Commission or
Local Advisory Councils shall not be required to be bonded when performing the
work on a public project.</text>
</paragraph></subsection><subsection id="H79806E9347864D79AB3837D501945700"><enum>(i)</enum><header>Rules and
regulations</header><text>The Commission shall promulgate rules and regulations
which are designed to implement the provisions of this section and section 108.
The rules shall include provisions requiring the Commission or Local Advisory
Council to keep certain public project records, even if duplicative, in
accordance with generally accepted cost accounting principles and
standards.</text>
</subsection><subsection id="HEA2D6FEBA8B74C2C8BADD91F23A88B5D"><enum>(j)</enum><header>Finality of
determinations</header><text>The determinations required are final and
conclusive unless they are clearly erroneous, arbitrary, capricious, or
contrary to law.</text>
</subsection><subsection id="H9D1D8D948A00488180B77C5DD0B82828"><enum>(k)</enum><header>Reporting of
anticompetitive practices</header><text>When for any reason collusion or other
anticompetitive practices are suspected among any bidders or offerors, a notice
of the relevant facts shall be transmitted to the Attorney General of the
United States or other appropriate authority.</text>
</subsection><subsection id="H24913E6278864570A0E3FF26540821E1"><enum>(l)</enum><header>Prohibition of
dividing work of public project</header><text>It is unlawful for any person to
divide a work of a public project into two or more separate projects for the
sole purpose of evading or attempting to evade the requirements of this
article.</text>
</subsection></section><section id="H3FBFC156E7F541489361E341F9E4922D"><enum>108.</enum><header>Environmental
protection</header>
<subsection id="H71B72E031C4B46D599E300CFC13D04D3"><enum>(a)</enum><header>Designation of
certain areas</header><text>The Commission may propose the designation of
certain areas which are of critical value to the region as districts of
critical planning concern that must be preserved and maintained due to one or
more of the following factors:</text>
<paragraph id="H66E2E930C5E24323AE073DA648599361"><enum>(1)</enum><text>the presence of
significant natural, coastal, scientific, cultural, architectural,
archaeological, historic, economic or recreational resources or values of
regional, statewide or national significance;</text>
</paragraph><paragraph id="HD749F78104EE4F28BBC2D7C0222A5C"><enum>(2)</enum><text>the
presence of substantial areas of sensitive ecological conditions which render
the area unsuitable for development; or</text>
</paragraph><paragraph id="HF6D29D782EC0444682612B032EA0E276"><enum>(3)</enum><text>the presence or
proposed establishment of a major capital public facility or area of public
investment.</text>
</paragraph></subsection><subsection id="HC66F524A94FF47EB99596F29EEE19BB"><enum>(b)</enum><header>Standards and
criteria</header><text>The Commission may propose standards and criteria
specifying the types of development which are likely to present development
issues significant to more than one municipality in the Gulf Coast
region.</text>
</subsection></section><enum>II</enum><header>THE
GULF COAST CIVIC WORKS PROJECT</header>
<section id="H651525F910A04C7DBE25541005E2905"><enum>201.</enum><header>Purposes</header><text display-inline="no-display-inline">The purposes of this title shall be—</text>
<paragraph id="H680848BCF5DB4FBE96FC5FCCE0A7FB36"><enum>(1)</enum><text>to create a
minimum of 100,000 jobs for Gulf Coast residents and evacuees;</text>
</paragraph><paragraph id="HCB712F98FF6D49E9839EF1B278566421"><enum>(2)</enum><text>to increase
employment in the Gulf Coast region; and</text>
</paragraph><paragraph id="H71DFC95858654E4DA7E6F4A5B5753200"><enum>(3)</enum><text>to build a skilled
workforce for rebuilding and developing the lands, communities, and
infrastructure impacted by hurricanes and flooding in the Gulf Coast
region.</text>
</paragraph></section><section id="H4B64416283514C68B3D72D231F321EEC"><enum>202.</enum><header>Establishment;
contract authority</header>
<subsection id="H87E540A399B346ADAA841EC34CA0005F"><enum>(a)</enum><header>Establishment</header><text display-inline="yes-display-inline">The Commission shall establish and
administer a Gulf Coast Civic Works Project to implement, manage, and
coordinate numerous public works projects for the purposes described in section
201.</text>
</subsection><subsection id="H32EF70C493B14AC98C0013D8034CD3C"><enum>(b)</enum><header>Contract
authority</header><text display-inline="yes-display-inline">The Gulf Coast
Civic Works Project is authorized to enter into such contracts or agreements
with States as may be necessary, including provisions for utilization of
existing State administrative agencies, and may acquire real property by
purchase, donation, condemnation, or otherwise.</text>
</subsection></section><section commented="no" id="HDD3183229942456E96BAF493147170D1"><enum>203.</enum><header>General
activities</header><text display-inline="no-display-inline">The Commission
shall carry out the Gulf Coast Civic Works Project established under section
202, which shall include the following activities:</text>
<paragraph commented="no" id="HB5C0E0C33A4241B3A0E7002EBC0847A"><enum>(1)</enum><text>Identifying areas
of the Gulf Coast region that are in need of recovery, rebuilding, and
development projects.</text>
</paragraph><paragraph commented="no" id="H5F75801B2B614B17B48BCC154EDC322E"><enum>(2)</enum><text>Cooperating with
the local Gulf Coast community once a Civic Works Project request has been
received and approved by the Commission, to ensure that Gulf Coast residents
and evacuees will be hired by local employers or directly by the Commission to
complete the work.</text>
</paragraph><paragraph commented="no" id="HDC00B2671BEC499AA4FC1F979284F011"><enum>(3)</enum><text>Working in
conjunction with local employers on Civic Works Projects and other recovery,
rebuilding, and development projects, identify where a shortage of workers who
are Gulf Coast residents and evacuees exists, and identify the type of workers
necessary for such projects to be more effective and efficient.</text>
</paragraph><paragraph id="H639F7B27382049AD82DF44004E5DFECC"><enum>(4)</enum><text>Identifying such
projects for which there is a shortage of qualified workers who are Gulf Coast
residents or evacuee and, in conjunction with State and local workforce
investment boards, establish additional job training programs where necessary,
including areas where there is a concentration of Gulf Coast evacuees.</text>
</paragraph><paragraph commented="no" id="H2802D9173E69406F9237E1A02123E62B"><enum>(5)</enum><text display-inline="yes-display-inline">Working in conjunction with other Federal,
State and local agencies, the private sector and membership based community
groups to actively recruit Gulf Coast residents and evacuees to rebuild the
Gulf Coast region through Civic Works Projects and other recovery, rebuilding,
and development projects.</text>
</paragraph><paragraph commented="no" id="H1A97839AFC7D4F3DA62600F2146EEA44"><enum>(6)</enum><text>Assisting Gulf
Coast residents and evacuees employed or trained through the Commission to gain
access and information to housing programs.</text>
</paragraph></section><section id="HE276777A0B1F4D62AA505E7C5D6183E4"><enum>204.</enum><header>Job-training
partnerships</header>
<subsection id="HC03758409BFC43B3905D950037389387"><enum>(a)</enum><header>Job-training
programs</header>
<paragraph id="H9B32E57FD3054714912C4927F8206866"><enum>(1)</enum><header>In
general</header><text>From the amounts appropriated under section, the
Commission shall, in conjunction with State and local workforce investment
boards, community colleges, community-based organizations, schools, and other
existing workforce development organizations, support job-training programs in
effect at the date of the enactment of this Act or establish job-training
programs and apprenticeships in order to recruit and train qualified workers
for specific job vacancies in approved Civic Works Projects and other recovery,
rebuilding, and development projects.</text>
</paragraph><paragraph id="H79ACDA9AA2EE4887B285D677E738FB00"><enum>(2)</enum><header>Priority</header><text>The
Commission shall work with the entities identified in paragraph (1) to set up
local hiring halls through which Gulf Coast residents, including women and
disadvantaged workers, shall have priority in getting admission into the
job-training programs described in paragraph (1) and access to child care, if
necessary. Such sums so deducted shall remain available until expended.</text>
</paragraph></subsection><subsection id="H882CE2381B684FA2805E0530905128E0"><enum>(b)</enum><header>Capacity-Building
Partnerships</header>
<paragraph id="H3CF2020575A147608BD0082D1B63AD"><enum>(1)</enum><header>In
general</header><text>The Commission may work in partnership with the entities
identified in subsection (a)(1) and other public and private nonprofit
organizations in order to assist such entities or organizations in carrying out
workforce development or job-training programs by—</text>
<subparagraph id="H0A2296B223344B368C0590B20893F02"><enum>(A)</enum><text>providing technical
assistance necessary and capacity-building support; and</text>
</subparagraph><subparagraph id="H3AA1D981D50E4F4F8D1E2EBF96496395"><enum>(B)</enum><text>awarding grants in
accordance with paragraph (2) to expand the entity’s or organization’s capacity
to carry out workforce development or job-training programs, or to create new
job-training or workforce development initiatives designated for the purposes
of this Act.</text>
</subparagraph></paragraph><paragraph id="H947E22FE3D8E4E57A046154664685705"><enum>(2)</enum><header>Authority to
assist public or private nonprofit organizations</header>
<subparagraph id="H19DE3D613CF84285A31265D6212B3A1"><enum>(A)</enum><header>In
general</header><text display-inline="yes-display-inline">The Commission may
make grants to the entities identified in subsection (a)(1) and other public
and private nonprofit organizations seeking to work in partnership with the
Commission that—</text>
<clause id="HD3420FFE1F624BDA995E0000064D7C24"><enum>(i)</enum><text>have
experience with job-training or workforce development;</text>
</clause><clause id="HB3760E71D385485DBF99F22300D9A86B"><enum>(ii)</enum><text>have been in
effect at least 1 year prior to submitting an application for a grant under
this subsection; and</text>
</clause><clause id="HFA58F58910F3451CAF02AF2112FC67C4"><enum>(iii)</enum><text>meet such other
criteria as the Commission may establish.</text>
</clause></subparagraph><subparagraph id="HBE684221BDC24841A394F34BD83EB4E6"><enum>(B)</enum><header>Use of
funds</header><text>An entity or organization receiving a grant under this
subsection may use such grant funds to make subgrants or enter into contracts
with other organizations to implement, operate, or expand workforce development
or job-training programs as described in subsection (a), or apprenticeship
programs which meets the requirements described in section 205 or provide
technical assistance and training to Gulf Coast residents and evacuees.</text>
</subparagraph></paragraph><paragraph id="HFEC81144F6594372BE0772CAD1BE8F27"><enum>(3)</enum><header>Application for
Partnership</header>
<subparagraph id="H8457BC5D5B284DFDB899B5625F6DBFB"><enum>(A)</enum><text>Organizations
seeking to work in partnership with the Commission shall submit an application
to the Commission, or to such agency as designated by the Commission, outlining
the details of—</text>
<clause id="HAC34840F1F3644F9903FD35C273EB82D"><enum>(i)</enum><text display-inline="yes-display-inline">Civic Works Projects or other recovery,
rebuilding, and development project;</text>
</clause><clause id="H580DF4F58F5A4826A28EF3AACFB0B97"><enum>(ii)</enum><text>the
need for partnership; and</text>
</clause><clause id="H3D5C32CE7C83407584BF3E8D5BAF1153"><enum>(iii)</enum><text>the need for and
intended use of grants or other funds awarded under this title.</text>
</clause></subparagraph><subparagraph id="H9F942610423E4AB1B993D12716A7FC3C"><enum>(B)</enum><text>The Commission
shall set forth application guidelines and procedure for organizations seeking
to work in partnership with the Commission.</text>
</subparagraph></paragraph></subsection></section><section id="HADFF41FF68904B10988C2BAFA4187DCC"><enum>205.</enum><header>Apprenticeship
programs</header>
<subsection id="H4C6C884722D641E8B8020085D200B4CC"><enum>(a)</enum><header>In
general</header><text display-inline="yes-display-inline">Subject to subsection
(b), a contract between a contractor, subcontractor, or other employer and the
Commission for a Civic Works Project or other recovery, rebuilding, and
development project shall contain the following related to apprenticeship
programs:</text>
<paragraph commented="no" id="H246645E2F0344EAFB8497499B5E269C2"><enum>(1)</enum><text>A contract for a
project described in this section for which the contract price exceeds $250,000
shall contain a provision stating that the contractor or subcontractor must be
approved as a training agent by the Commission, if a program of apprenticeship
and training for the apprenticeable occupations used by the contractor or
subcontractor exists in the State or local community where the project is being
implemented.</text>
</paragraph><paragraph commented="no" id="HC4B79C63A287484FBC59EE713017CDC7"><enum>(2)</enum><text>A provision
stating that at least 20 percent of the total hours worked on a project
described in this section by workers in apprenticeable occupations shall be
performed by apprentices participating in programs of apprenticeship and
training. The workers may be employed by the contractor or any subcontractor on
the works project.</text>
</paragraph></subsection><subsection commented="no" id="HD7CF17D457304EA2B7855099EA196214"><enum>(b)</enum><header>Exceptions</header><text>Upon
application by an contractor, subcontractor, or employer, the Commission may
grant an exception to any or all of the requirements described in subsection
(a) in any situation where the Commission concludes that compliance with such
requirement would not be possible as the project could not be completed by
workers in apprenticeable occupations.</text>
</subsection></section><section id="H345D17316C0D4D308372EB5FFFE32BA4"><enum>206.</enum><header>Job
creation</header>
<subsection id="H60BD994DB61B4976BFD5CAC5C101D8C"><enum>(a)</enum><header>Employment</header><text>After
identifying Civic Works Projects and other recovery, rebuilding, and
development projects in the Gulf Coast region the Commission shall work in
conjunction with local employers and the heads of other Federal agencies on
such projects to recruit and hire additional workers from the Gulf Coast
region. In the event that contractors or other employers have a need for but do
not have sufficient funding for additional workers, the Commission may to hire
for such projects and, from the amounts appropriated under section 211, pay the
wages of additional workers to work on such projects.</text>
</subsection><subsection id="H724BFE8583634C27B0FFAC95DEBD1EC4"><enum>(b)</enum><header>Project
creation</header><text>After identifying areas of the Gulf Coast region that
are in need of recovery, rebuilding, and development projects where no such
projects exist, the Commission may, subject to available funds, establish and
fund such projects. In establishing any project under this subsection, the
Commission shall hire all necessary developers, contractors, and employees to
carry out such projects.</text>
</subsection></section><section id="H692080E0D64A4AF8BBEB1C94DA9567C"><enum>207.</enum><header>First source
hiring and outreach</header>
<subsection id="H24558B88D6604B46A07C00AAFB263622"><enum>(a)</enum><header>First Source
hiring requirements</header>
<paragraph id="HEAD6E82E4E624183B3D8B2E4FDD666E"><enum>(1)</enum><header>In
general</header><text>Subject to paragraph (2), any contractor or other
employer receiving funds under this Act, including any subcontractor or other
entity in a subcontract with any such contractor or employer, shall comply with
first source hiring requirements, which shall include—</text>
<subparagraph id="H5A7A80BC99CC495AB25520B9E8B6F98"><enum>(A)</enum><text>giving priority to
Gulf Coast residents and evacuees when interviewing, recruiting, or hiring for
any Civic Works Project or other recovery, rebuilding, and development project
by—</text>
<clause commented="no" id="H550CB742A24247AD915D62415FE735F"><enum>(i)</enum><text>unless business
necessity requires a shorter period of time, leaving open a position for not
less than 25 days to give such residents and such evacuees an opportunity to
interview for such position; or</text>
</clause><clause id="H539031652CEE4CC0B1FF84968CEA33A7"><enum>(ii)</enum><text display-inline="yes-display-inline">filling its first available positions with
such residents and such evacuees; and</text>
</clause></subparagraph><subparagraph id="H6D4AD4C9EC5744E900C1805398620017"><enum>(B)</enum><text display-inline="yes-display-inline">providing timely, appropriate notification
of available positions to the Commission so that the Commission may train and
refer an adequate pool of Gulf Coast residents and evacuees to contractors or
other employers.</text>
</subparagraph></paragraph><paragraph id="H71C57AE0D4044EFFB555B13FE49B5FEB"><enum>(2)</enum><header>Exception</header><text>Upon
application by a contractor or other employer, the Commission may grant an
exception to any of all of the requirements in any situation where it concludes
that compliance with this subsection would not be possible in the timeframe
provided.</text>
</paragraph></subsection><subsection id="HCE4D4A1E0BC34096A3AFD904A2479036"><enum>(b)</enum><header>Outreach
partnerships</header>
<paragraph id="H5F0799B5FCD14F2681C5B7DF9EDA4C48"><enum>(1)</enum><header>In
general</header><text>The Commission shall work with the heads of Federal
agencies, as well as State and local employment offices to conduct outreach to
Gulf Coast residents and evacuees regarding employment in the Gulf Coast
region, including which contractors and other employers are required to comply
with first source hiring requirements. The Commission shall also contract with
community groups, faith groups, and nonprofit organizations with connections to
local communities in the Gulf Coast region to—</text>
<subparagraph id="H2A7544C1D2604830A345DCF230A914D5"><enum>(A)</enum><text>conduct outreach
to Gulf Coast residents and evacuees;</text>
</subparagraph><subparagraph id="HF2AE90D917F64D36A002E06DA9524BE9"><enum>(B)</enum><text>work with
contractors and other employers to identify interested candidates outside of
the Gulf Coast region who wish to work in the region and enter job-training
programs, if necessary, to work in the region; and</text>
</subparagraph><subparagraph id="H1F11F1B6FC164663AD170097E63239C1"><enum>(C)</enum><text>set up local
hiring halls described in subsection (c).</text>
</subparagraph></paragraph><paragraph id="HCA07D184956942909EA1C3F3D1107F53"><enum>(2)</enum><header>Limited-English
proficiency communities</header><text>The outreach conducted by the Commission
under paragraph (1) shall include outreach to limited-English proficiency
communities through multilingual meetings, translated flyers, outreach to
ethnic medias, and other outlets. The Commission shall work with organizations
servicing limited-English proficiency communities to set up first source hiring
hall as described in subsection (c) and to assist contractor and other
employers in the Gulf Coast region in recruiting and hiring limited-English
proficiency workers.</text>
</paragraph></subsection><subsection commented="no" id="HD53B7DBE3D364D14BE00DD77589179B9"><enum>(c)</enum><header>Local hiring
halls</header><text display-inline="yes-display-inline">The Commission shall
also contract with community groups, faith groups, and nonprofit organizations,
as well as the entities identified in section 204(a)(1), with connections to
local communities in the Gulf Coast region to set-up a central location or
multiple locations (which may be referred to as <quote>local hiring
halls</quote>) in each community of the Gulf Coast region where—</text>
<paragraph commented="no" id="H2DCF4820B9004F2EBAAD0032D75E256D"><enum>(1)</enum><text>contractors and
other employers receiving funding under this Act may recruit, interview, or
hire Gulf Coast residents or evacuees for any Civic Works Project or other
recovery, rebuilding, and development project; and</text>
</paragraph><paragraph commented="no" id="H5462C6A38B1C45F5BFD03049C02E0070"><enum>(2)</enum><text>Gulf Coast
residents or evacuees may be provided access to child care while seeking
employment or working.</text>
</paragraph></subsection></section><section id="HFB8964E146E64BD08DF718A7DF53FA0"><enum>208.</enum><header>Wages</header>
<subsection id="HF6FE8868D78F48D8B005E112BD168862"><enum>(a)</enum><header>Job training and
apprenticeship wages</header>
<paragraph id="H2C07C76D9F29477BAA3FC04533AA0381"><enum>(1)</enum><header>Job training
wages</header><text display-inline="yes-display-inline">Job training programs
established or funded under this Act shall ensure that trainees are paid in an
amount of not less than $10 per hour.</text>
</paragraph><paragraph id="H1C4EAFA253184A93B3B9C5E7048B4D66"><enum>(2)</enum><header>Apprenticeship
wages</header><text>Apprenticeship programs established or funded under this
Act shall ensure that apprentices are paid not less than $15 per hour.</text>
</paragraph><paragraph id="H8D883B5F23D14DD69CB4E4B5F7DE9FEC"><enum>(3)</enum><header>Adjustment for
inflation</header><text>Beginning 1 year after the date of the enactment of
this Act and each year thereafter, the minimum wages specified in paragraphs
(1) and (2) shall be adjusted by the percentage increase during the 12-month
period ending the preceding June in the Consumer Price Index for All Urban
Consumers published by the Bureau of Labor and Statistics of the Department of
Labor.</text>
</paragraph></subsection><subsection id="H628B7EC2EC844A259200103FC54101D9"><enum>(b)</enum><header>Employee
wages</header><text display-inline="yes-display-inline">The Commission shall
ensure that all laborers and mechanics employed by the Commission or by
contractors or subcontractors in the performance of construction or recovery
projects will be paid wages at rates not less than those prevailing on similar
work in the locality as determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of part A of subtitle II of title 40, United States
Code (commonly referred to as the <quote>Davis-Bacon Act</quote>).</text>
</subsection></section><section id="HBFA0B4EA5C224CA586A6A248111FC6D"><enum>209.</enum><header>Other
projects</header>
<subsection id="HFFBD10729870421FB346A186AB852E40"><enum>(a)</enum><header>Infrastructure
and Public Works Development</header><text>In addition to the other activities
described in this title, the Commission shall establish or coordinate
infrastructure projects in accordance with local and regional comprehensive
plans.</text>
</subsection><subsection id="H2F1B35D6345E4FCAA89963DCF99ED626"><enum>(b)</enum><header>Environmental
Restoration</header><text>In addition to the other activities described in this
title, the Commission shall establish or coordinate environmental restoration
projects.</text>
</subsection><subsection id="HC0D38B886A494A2796079D8FC3BF0042"><enum>(c)</enum><header>Civic
Conservation Corps</header><text>In addition to the other activities described
in this title, the Commission shall establish a conservation corps composed of
individuals between the age of 17 and 24, focus on wetland restoration,
forestation, and urban greenery.</text>
</subsection><subsection id="H4AECC0D14D4B4B6EAA1D58AD489359F9"><enum>(d)</enum><header>Energy
Efficiency and Conservation</header><text>In addition to the other activities
described in this title, the Commission shall establish or coordinate projects
to establish or coordinate projects—</text>
<paragraph id="H7E9CE0EF269747C2BD3F3204CFB736D"><enum>(1)</enum><text>to
reduce greenhouse gas emissions created as a result of activities within the
jurisdictions of eligible entities in a manner that—</text>
<subparagraph id="H525C69B1F28845B3ADF7E8C64984DCF"><enum>(A)</enum><text>is environmentally
sustainable; and</text>
</subparagraph><subparagraph id="H8518D1B14C524C2D8E90A9F7A4388BE4"><enum>(B)</enum><text>to the maximum
extent practicable, maximizes benefits for local and regional
communities;</text>
</subparagraph></paragraph><paragraph id="H8F5776C0A19E41BD8600B9FB8D7D87F0"><enum>(2)</enum><text>to reduce the
total energy use of the eligible entities; and</text>
</paragraph><paragraph id="H9A6323936C1C4F07AF5BCE19BBD07BCB"><enum>(3)</enum><text>to improve energy
efficiency in—</text>
<subparagraph id="HE656292D707446C5A8C24B8207DFDCF"><enum>(A)</enum><text>the transportation
sector;</text>
</subparagraph><subparagraph id="HB963ACBBB4904C5F97126052B456E037"><enum>(B)</enum><text>the building
sector; and</text>
</subparagraph><subparagraph id="H0CE921B6332B4E4C83C2CC3E0672B02"><enum>(C)</enum><text>other appropriate
sectors.</text>
</subparagraph></paragraph></subsection><subsection id="H9A3DCE2FDBEB42D3AB37C224D704CB90"><enum>(e)</enum><header>Workforce
Housing</header><text>In addition to the other activities described in this
title, the Commission shall establish or coordinate housing improvement
projects to assist workers in finding affordable housing.</text>
</subsection><subsection id="H48106CD2FFB242B4BABF3C6373D5B86C"><enum>(f)</enum><header>Supplemental
Services</header><text>In addition to the other activities described in this
title, the Commission shall establish or coordinate existing social service
resources, including childcare and transportation services, as are necessary to
ensure employment, training, and projects under this Act are carried out
effectively and efficiently.</text>
</subsection><subsection id="HBAFB5C2D58494B28A68473AEBDACA01"><enum>(g)</enum><header>Youth Works
Program</header><text>In addition to other activities described in this title,
the Commission shall establish or coordinate existing resource for a Youth
Employment Program, particularly for disadvantaged, at risk, and out-of-school
youth between the ages of 12–19 years old, to provide summer and after school
employment or skills training opportunities.</text>
</subsection><subsection id="HED50021AC6BB415E9529599BD931C33F"><enum>(h)</enum><header>Arts, Culture,
Historical Restoration and Heritage</header><text>In addition to the other
activities described in this title, the Commission is authorized to provide
grants for projects that reflect, promote, or maintain the architectural,
artistic and cultural heritage of the affected region, including the
chronicling of stories surrounding the 2005 and 2008 Hurricanes.</text>
</subsection><subsection id="HEA5FD1F103034F3E9944A6E5FBDF0734"><enum>(i)</enum><header>Gulf coast
artists grants</header>
<paragraph id="HBB997AD155994F68ACFC9D30D6CD3F00"><enum>(1)</enum><header>In
general</header><text>The Commission may provide not more than 15 grants per
year to eligible recipients for artistic and cultural projects which reflect,
document, or preserve the history and culture of the Gulf Coast region. Grants
shall be provided on the basis of the demonstrated merit of the applicant as
determined by the Commission.</text>
</paragraph><paragraph id="H1D283CD25E6146828CF59078C4855133"><enum>(2)</enum><header>Eligible
recipients</header><text>To be eligible to receive a grant under
<internal-xref idref="HBB997AD155994F68ACFC9D30D6CD3F00" legis-path="209.(i)(1)">paragraph (1)</internal-xref>, an individual
shall—</text>
<subparagraph id="H87695432DB8B49F1A58E86A599D763B6"><enum>(A)</enum><text>be a resident of
the Gulf Coast region; and</text>
</subparagraph><subparagraph id="H2DD8274CFB4D4F09A800A922E380B3EB"><enum>(B)</enum><text>have demonstrated
skill or talent in music, theater, writing, or the visual arts.</text>
</subparagraph></paragraph><paragraph id="H4890840F48AB48E99E3FB9D1FD22DF5D"><enum>(3)</enum><header>Amount of
grant</header><text>The amount of the grants provided under this subsection
shall be determined by the Commission.</text>
</paragraph><paragraph id="HA346C3A996C94954AE0000A958B8CCBF"><enum>(4)</enum><header>Application</header><text>To
receive a grant under this subsection, an eligible recipient shall submit an
application to the Commission in such form and manner as the Commission shall
determine.</text>
</paragraph><paragraph id="HF56503FB00454DB38C5BA37D04069399"><enum>(5)</enum><header>Use of grant
funds</header><text>A grant provided under this subsection shall be used on an
artistic project that—</text>
<subparagraph id="H6E7C7992FA5946688535ABC414C7F460"><enum>(A)</enum><text>showcases the
history or culture of the Gulf Coast region; or</text>
</subparagraph><subparagraph id="H5BF4F82C97BF44689B3DA2D3308EE3A"><enum>(B)</enum><text>has as its subject
the effects of Hurricanes Katrina or Rita.</text>
</subparagraph></paragraph></subsection><subsection display-inline="no-display-inline" id="HB141A480EC85496C9DD09CEBCA45DE74"><enum>(j)</enum><header>Chronicle of
Hurricanes Katrina and Rita grants</header>
<paragraph id="HB19AD84C34C44A6CBE658020C5FCA716"><enum>(1)</enum><header>Authorization</header><text>The
Commission may to provide not more than 5 grants to an eligible recipient for
projects that chronicle the story of Hurricanes Katrina and Rita. Grants shall
be provided on the basis of the demonstrated merit of the applicant as
determined by the Commission.</text>
</paragraph><paragraph id="H80A26F5218194E33A3878ED51F20C7AB"><enum>(2)</enum><header>Eligible
recipients</header><text>To be eligible to receive a grant under paragraph (1),
an individual shall—</text>
<subparagraph id="HF9CFDD060D934CDA948B54C15B1420BC"><enum>(A)</enum><text>be a resident of
the Gulf Coast region; and</text>
</subparagraph><subparagraph id="H326CEC44F4A44E36BB99AE926C949554"><enum>(B)</enum><text>have demonstrated
skill or talent as a writer or film maker.</text>
</subparagraph></paragraph><paragraph id="HFDF62A77A25B46AEB429F06DAEE19280"><enum>(3)</enum><header>Amount of
grant</header><text>The amount of the grants provided under this section shall
be determined by the Commission.</text>
</paragraph><paragraph id="H3725A0BAC55E4E0293F8C5BD61798857"><enum>(4)</enum><header>Application</header><text>To
receive a grant under this section, an eligible recipient shall submit an
application to the Commission in such form and manner as the Commission shall
determine.</text>
</paragraph><paragraph id="H60BDED65099744489CDFC70FC7B4879"><enum>(5)</enum><header>Use of grant
funds</header><text>A grant provided under this section shall be used on a
project that chronicles, through the written word or through film, the story of
Hurricanes Katrina and Rita from the perspective of survivors and
evacuees.</text>
</paragraph></subsection></section><section id="H62AA61D7CC90427285AFBEDAC2646674"><enum>210.</enum><header>General
provisions and guidelines</header><text display-inline="no-display-inline">In
conducting works projects under this title, the Commission shall adhere to the
following rules and guidelines:</text>
<paragraph id="H29698C55A373476AB40950A41D614C16"><enum>(1)</enum><text>All public works
projects shall be conducted in, and be for the benefit of, the lands of the
Gulf Coast region, and the individuals, families, communities, and businesses
of the Gulf Coast region.</text>
</paragraph><paragraph id="HE89EE608F9BD46AEA2E1690454179E00"><enum>(2)</enum><text>The Gulf Coast
Civic Works Project shall employ a minimum of 100,000 Gulf Coast region
residents and evacuees for all works programs and other related job
opportunities.</text>
</paragraph><paragraph id="H43D36D0C803F41658301D75158DBDF00"><enum>(3)</enum><text>The Gulf Coast
Civic Works Project shall make job opportunities, job training programs, and
other beneficial projects known to the Gulf Coast communities through
advertising and partnerships with regional agencies and employment
organizations, and partnerships with community based organizations.</text>
</paragraph><paragraph id="H94BA5A6F83BE47ECB18FA4343D60EC93"><enum>(4)</enum><text>Whenever possible,
the Gulf Coast Civic Works Project shall purchase materials, equipment,
supplies, and services from local business and producers.</text>
</paragraph><paragraph id="H83198EA556E14C4DBF8249376776B095"><enum>(5)</enum><text>The Gulf Coast
Civic Works Project shall maintain nondiscriminatory practices and shall not
discriminate in hiring or employment decisions on the basis of race, gender,
nationality, ethnicity, religion, or sexual orientation.</text>
</paragraph><paragraph id="HD814AC50B34E4103A879AFA3E73B648"><enum>(6)</enum><text>No
employee or trainee of the Gulf Coast Civic Works Project shall have financial
interest in any public Commission engaged in business with the Gulf Coast Civic
Works Project, nor in any Commission engaged in the manufacture, selling, or
distribution of goods or materials used in construction projects authorized by
the Commission, nor shall any employee or trainee have any interest in a any
business that may be adversely affected by the success of the
Commission.</text>
</paragraph><paragraph id="H0CAF60F727B64C7D8900A85F8D68AA2C"><enum>(7)</enum><text>Employees and
trainees of the Gulf Coast Civic Works Project shall not be considered Federal
employees for any purpose under the laws of the United States.</text>
</paragraph></section><section id="H371B5D5F7F2440838F51754D26EAB9A9"><enum>211.</enum><header>Authorization
of appropriations</header>
<subsection id="H6E41977E2DF1410A84FFF9F6DF96DCF"><enum>(a)</enum><header>Authorization of
appropriations</header><text>There is authorized to be appropriated to the
Commission such sums as may be necessary for fiscal years 2010 through 2014 to
carry out this Act.</text>
</subsection><subsection id="H70201DC45D0647D38465F3BD4C7351DA"><enum>(b)</enum><header>Partnerships</header><text>The
Commission shall make every effort to partner with State and local governments
and private industry in the funding and administration of projects under this
title.</text>
</subsection></section>