[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4290 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4290

 To establish the New Economy Grant Program through the Department of 
    Labor to create public works jobs on State and local lands and 
 community-based public interest projects, to direct aid to State and 
  local governments for the retention and rehiring of certain public 
employees, and provide direct aid to the Departments of Agriculture and 
    Interior to create public works jobs to address their deferred 
                           maintenance items.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 11, 2009

   Mr. Hare (for himself, Ms. Schakowsky, Mr. Stupak, Mr. Cohen, Ms. 
   Kilpatrick of Michigan, Mr. Jackson of Illinois, Mr. Kildee, Ms. 
 Sutton, Mr. Courtney, Ms. Edwards of Maryland, Mr. Meeks of New York, 
   Mr. Oberstar, Mr. Rush, Mr. Andrews, Ms. Clarke, Ms. DeLauro, Ms. 
   Fudge, Mr. Grayson, Mr. Gutierrez, Mr. Kennedy, Ms. Woolsey, Mr. 
Weiner, Mr. Scott of Virginia, Ms. Slaughter, Mr. Hall of New York, Mr. 
Gene Green of Texas, Mr. Nadler of New York, Mr. Carson of Indiana, Ms. 
 Jackson-Lee of Texas, Mr. Michaud, Mr. Tonko, Mr. Doyle, Ms. Berkley, 
  Ms. Hirono, Ms. Shea-Porter, Ms. Chu, Ms. Watson, Mr. Grijalva, Mr. 
  Lujan, Ms. Tsongas, Mr. Loebsack, Mr. Price of North Carolina, Mr. 
  Hastings of Florida, Mr. Rothman of New Jersey, Mr. Garamendi, Mr. 
Kagen, Mr. Sablan, Mr. Ellison, Mr. Cleaver, Mr. Larson of Connecticut, 
   and Mr. Braley of Iowa) introduced the following bill; which was 
 referred to the Committee on Education and Labor, and in addition to 
   the Committees on the Judiciary, Science and Technology, Natural 
  Resources, Agriculture, Financial Services, and Transportation and 
   Infrastructure, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To establish the New Economy Grant Program through the Department of 
    Labor to create public works jobs on State and local lands and 
 community-based public interest projects, to direct aid to State and 
  local governments for the retention and rehiring of certain public 
employees, and provide direct aid to the Departments of Agriculture and 
    Interior to create public works jobs to address their deferred 
                           maintenance items.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``New Deal for a New Economy Act''.

SEC. 2. NEW ECONOMY STATE STABILIZATION FUND.

    (a) Department of Education.--
            (1) Allocation.--Not later than 120 days after the date of 
        the enactment of this Act, the Secretary of Education shall 
        allocate amounts made available under section 9(1) to each 
        State in proportion to the amount received by all local 
        educational agencies in the State under part A of title I of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6311 et seq.) for the previous fiscal year relative to the 
        total amount received by all local educational agencies in 
        every State under such part for such fiscal year.
            (2) In-state grants to local educational agencies.--From 
        the amount allocated to a State under paragraph (1), each 
        eligible local educational agency in the State shall receive an 
        amount in proportion to the amount received by such local 
        educational agency under part A of title I of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) 
        for the previous fiscal year relative to the total amount 
        received by all local educational agencies in the State under 
        such part for such fiscal year. A State shall make and 
        distribute the amount allocated to such State not later than 90 
        days of receiving such funds from the Secretary of Education.
            (3) Special rule.--Section 1122(c)(3) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6332(c)(3)) shall 
        not apply to paragraph (1) or (3).
            (4) Use of funds.--A local educational agency receiving an 
        allocation under paragraph (2) may use such funds only for the 
        following purposes:
                    (A) To hire new employees, which includes filling 
                existing vacancies that are no longer funded in the 
                budgets of State or local educational agencies.
                    (B) To rehire employees who have been laid-off 
                during the year prior to the date of enactment of this 
                Act as a result of reduced budgets of State or local 
                educational agencies.
                    (C) To continue to employ employees who are 
                scheduled to be laid-off on a future date as a result 
                of reduced budgets of State or local educational 
                agencies. Such agencies may not pay an employee with 
                funds provided under this subsection until the date of 
                that employee's scheduled lay-off.
                    (D) To prevent furloughs that are scheduled as a 
                result reduced budgets of State or local educational 
                agencies.
            (5) Limitation on use of funds.--No funding under this 
        subsection can be used to layoff, furlough, terminate, or 
        reduce the working hours of any existing employee.
            (6) Federal funds to supplement, not supplant, non-federal 
        funds.--A State educational agency or local educational agency 
        shall use Federal funds received under this subsection only to 
        supplement the funds that would, in the absence of such Federal 
        funds, be made available from non-Federal sources for the 
        education of pupils participating in programs assisted under 
        this part, and not to supplant such funds.
    (b) Department of Justice.--
            (1) Grants through the cops program.--From amounts made 
        available under section 9(2), the Attorney General shall award 
        grants to State, local, or tribal law enforcement agencies 
        through the Community Oriented Policing Services program (COPS) 
        and in accordance with the allocation procedures provided in 
        section 1001(a)(11)(B) of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (41 U.S.C. 3791(a)(11)(B)).
            (2) Use of funds.--A State, local, or tribal law 
        enforcement agency receiving a grant pursuant to this 
        subsection may use such funds only for the following purposes:
                    (A) To hire new police officers, which includes 
                filling existing officer vacancies that are no longer 
                funded in the State, local, or tribal law enforcement 
                agency budget.
                    (B) To rehire officers who have been laid-off 
                during the year prior to the date of enactment of this 
                Act as a result of reduced State, local, or tribal law 
                enforcement agency budgets.
                    (C) To continue to employ officers who are 
                scheduled to be laid-off on a future date as a result 
                of reduced State, local, or tribal law enforcement 
                agency budgets. Such agencies may not pay an officer 
                with funds provided under this subsection until the 
                date of that officer's scheduled lay-off.
                    (D) To prevent furloughs that are currently 
                scheduled as a result of reduced State, local, or 
                tribal law enforcement agency budgets.
            (3) Limitation on use of funds.--No funding under this 
        subsection can be used to layoff, furlough, terminate, or 
        reduce the working hours of any existing employee.
            (4) Federal funds to supplement, not supplant, non-federal 
        funds.--A State, local, or tribal law enforcement agency shall 
        use Federal funds received under this subsection only to 
        supplement the funds that would, in the absence of such Federal 
        funds, be made available from non-Federal sources to hire new 
        employees, and not to supplant such funds.
    (c) Department of Homeland Security.--
            (1) Grants through the safer grant program.--From amounts 
        made available under section 9(3), the Secretary of Homeland 
        Security, through the Administrator of the United States Fire 
        Administration, shall award grants directly to career, 
        volunteer, and combination fire departments through the 
        Staffing for Adequate Fire and Emergency Response grant program 
        (SAFER) and in accordance with the procedures set forth in 
        section 34 of the Federal Fire Prevention and Control Act of 
        1974, except that grants awarded pursuant to this subsection 
        shall be for a 3-year period and fire departments shall not be 
        required to contribute non-Federal funds for such period. Any 
        fire department seeking a grant under this subsection shall 
        commit to retaining for at least 1 year beyond the termination 
        of the grant any firefighters hired with funds provided 
        pursuant to this subsection.
            (2) Use of funds.--A fire department receiving a grant 
        pursuant to this subsection may use such funds only for the 
        following purposes:
                    (A) To hire new firefighters, which includes 
                filling existing vacancies that are no longer funded in 
                department budgets.
                    (B) To rehire firefighters who have been laid-off 
                during the year prior to the date of enactment of this 
                Act as a result of reduced department budgets.
                    (C) To continue to employ firefighters who are 
                scheduled to be laid-off on a future date as a result 
                of reduced department budgets. Such departments may not 
                pay a firefighter with funds provided under this 
                subsection until the date of that firefighter's 
                scheduled lay-off.
                    (D) To prevent furloughs that are scheduled as a 
                result of reduced department budgets.
            (3) Limitation on use of funds.--No funding under this 
        subsection can be used to layoff, furlough, terminate, or 
        reduce the working hours of any existing employee.
            (4) Federal funds to supplement, not supplant, non-federal 
        funds.--A fire department shall use Federal funds received 
        under this subsection only to supplement the funds that would, 
        in the absence of such Federal funds, be made available from 
        non-Federal sources to hire new firefighters, and not to 
        supplant such funds.
    (d) Department of Commerce.--
            (1) Public works and economic development grants.--From 
        amounts made available under section 9(4), the Secretary of 
        Commerce shall award grants to States, cities or other 
        political subdivisions of a State or a consortium of political 
        subdivisions, or Indian tribes based on the procedures and 
        criteria set forth in section 201 of the Public Works and 
        Economic Development Act of 1965 (42 U.S.C. 3141) to assist 
        such States, cities or other political subdivisions of a State, 
        or Indian tribes in maintaining the basic services of 
        government by preventing lay-offs and assisting in the hiring 
        of essential government employees such as sanitation workers, 
        administration workers, public health and emergency service 
        providers, corrections, probation, and parole officers, and 
        social workers.
            (2) Use of funds.--A State, city, or Indian tribe receiving 
        an allocation under paragraph (1) may use such funds only for 
        the following purposes:
                    (A) To hire new employees, which includes filling 
                existing vacancies that are no longer funded in the 
                budgets of the State, city, or Indian tribe.
                    (B) To rehire employees who have been laid-off 
                during the year prior to the date of enactment of this 
                Act as a result of reduced budgets of the State, city, 
                or Indian tribe.
                    (C) To continue to employ employees who are 
                scheduled to be laid-off on a future date as a result 
                of reduced budgets of the State, city, or Indian tribe. 
                The State, city, or Indian tribe may not pay an 
                employee with funds provided under this subsection 
                until the date of that employee's scheduled lay-off.
                    (D) To prevent furloughs that are scheduled as a 
                result reduced budgets of the State, city, or Indian 
                tribe.
            (3) Limitation on use of funds.--
                    (A) In general.--No funding under this subsection 
                can be used to layoff, furlough, terminate, or reduce 
                the working hours of any existing employee.
                    (B) Certain workers ineligible.--Consistent with 
                subsection (a), (b), and (c), grants made under this 
                subsection may not be used to hire or pay the salary or 
                wages of an employee who is a teacher, police officer, 
                or firefighter.
            (4) Federal funds to supplement, not supplant, non-federal 
        funds.--A fire department shall use Federal funds received 
        under this subsection only to supplement the funds that would, 
        in the absence of such Federal funds, be made available from 
        non-Federal sources to hire new firefighters, and not to 
        supplant such funds.

SEC. 3. NEW ECONOMY GRANT PROGRAM.

    (a) Establishment.--There is established in the Department of Labor 
a New Economy Grant Program through which the Secretary of Labor is 
authorized to provide grants for the creation of new jobs on specific 
public works projects carried out by State or local governments, and 
community-based public interest projects carried out by nonprofit 
organizations.
    (b) Specific Project Grants.--From the amounts made available under 
section 9(5)--
            (1) set aside an amount for each State based on the 
        population of each State and the relative unemployment rate in 
        each such State; and
            (2) from such amounts set aside for each State under 
        paragraph (1), award grants directly to eligible entities 
        described in subsection (c) in each such State on the basis of 
        applications submitted by such entities for specific public 
        works projects outlined in such applications.
    (c) Eligible Entities.--Entities eligible for a direct grant under 
this section include the following:
            (1) State and local governments.--Units of State or local 
        governments that demonstrate in the application under 
        subsection (b) an ability to promptly hire new employees for 
        work on specific public works projects carried out by such 
        units of government. Such projects must be ready to commence 
        work no later than 2 months after receiving a grant under this 
        Act and new positions of employment on such projects must be 
        for a period of not less than 6 months.
            (2) Nonprofit organizations.--Community-based nonprofit 
        organizations that demonstrate in the application under 
        subsection (b) an ability to promptly hire and effectively 
        manage new employees for work on specific projects carried out 
        by such organizations. Such projects must be ready to commence 
        work no later than 2 months after receiving a grant under this 
        Act and new positions of employment on such projects must be 
        for a period of not less than 6 months.
    (d) Application.--An entity seeking a grant under this section 
shall submit an application to the Secretary at such time, in such 
manner, and containing such information as the Secretary shall 
determine. Such application shall, at a minimum include--
            (1) a description of the specific project, including a 
        description of the need for the project, the expected outcome, 
        and the benefit to the community;
            (2) the date on which the project shall be ready to 
        commence and the expected duration of the project; and
            (3) the number of new individuals that such project will 
        employ and the duration of such employment.
    (e) Nondiscrimination and Workplace Safety.--In hiring employees 
and carrying out projects funded under this section, an eligible entity 
receiving a grant under this section shall comply with all applicable 
Federal, State, and local laws pertaining to nondiscrimination and 
workplace safety.

SEC. 4. EMPLOYMENT PROJECTS BY DEPARTMENTS OF INTERIOR AND AGRICULTURE.

    (a) National Parks Projects.--From amounts made available under 
section 9(6), the Secretary of the Interior shall fund specific public 
works projects in national parks. Such projects must be ready to 
commence work no later than 2 months after being approved by the 
Secretary of the Interior and require the contract hiring of new 
employees for a period of not less than 6 months.
    (b) National Forest Service Projects.--From amounts made available 
under section 9(7), the Secretary of Agriculture shall fund specific 
public works projects through the National Forest Service. Such 
projects must be ready to commence work no later than 2 months after 
being approved by the Secretary of the Interior and require the 
contract hiring of new employees for a period of not less than 6 
months.

SEC. 5. PROJECTS ELIGIBLE FOR FUNDING.

    Only projects for which new employees are to be hired shall be 
eligible for funding under sections 3 and 4 of this Act. The Secretary 
of Labor shall determine the types public works and community-based 
public interest projects that shall be eligible for grants under this 
Act.

SEC. 6. ELIGIBILITY CRITERIA FOR EMPLOYMENT.

    (a) In General.--To be employed in a position funded under section 
3 or 4 of this Act, an individual--
            (1) must be otherwise unemployed;
            (2) must be a citizen or legal permanent resident of the 
        United States;
            (3) must be physically capable of performing the work 
        required by the specific project, subject to any reasonable 
        accommodations that may be made for such individual in 
        accordance with the Americans with Disabilities Act;
            (4) must be at least 18 years of age; and
            (5) may not be enrolled as a full-time student in any 
        institution of higher education, vocational or job training 
        school or program and may not prematurely terminate such 
        enrollment to obtain employment under this Act.
    (b) No Displacement of Existing Employees or Positions of Permanent 
Employment.--Employees whose positions are funded under this Act may 
not displace other employees whose positions are not funded under this 
Act. An eligible entity receiving a grant under this Act may not hire 
an employee or employees with funds under this Act for any position 
which the eligible entity would otherwise hire a permanent employee.
    (c) Limitation on Use of Funds.--No funds provided under this Act 
may be used to compensate any individual employed by an eligible entity 
prior to that entity receiving a grant under this Act. Funds made 
available under this Act may only be used to pay wages of employees 
hired for the specific project for which the grant was awarded.
    (d) Maximum Period of Employment.--Employment in a position funded 
under section 3 or 4 of this Act shall be for a maximum period of 1 
year.
    (e) Wage.--Individuals employed on projects funded directly by or 
assisted in whole or in part by and through the Federal Government 
pursuant to section 3 or 4 of this Act shall be paid wages at rates not 
less than those prevailing on projects of a character similar in the 
locality as determined by the Secretary of Labor in accordance with 
subchapter IV of chapter 31 of title 40, United States Code (commonly 
referred to as the Davis-Bacon Act).
    (f) Not Federal Employees.--Individuals employed in positions 
funded under any grant or allocation made under this Act shall not be 
considered employees of the Federal government.

SEC. 7. REPORTING REQUIREMENT.

    Any entity receiving funding under section 3 of this Act, shall 
transmit to the Secretary a report at the conclusion of the project 
that was the basis of such funding. The report shall include a 
description of the number of individuals hired to work on the project, 
the length of their employment and assessment of the success of the 
project in light of the anticipated outcome and outlines the benefits 
to the community from the project.

SEC. 8. DEFINITIONS.

    As used in this section--
            (1) the term ``community-based nonprofit organization'' 
        means an organization exempt from taxation under section 
        501(c)(3) of the Internal Revenue Code (26 U.S.C. 501(c)(3)) 
        but does not include an organization that--
                    (A) is a religious corporation, association, 
                educational institution, or society; or
                    (B) is engaged in political advocacy on behalf of 
                any political issue, candidate, or party; and
            (2) the term ``State'' includes the several States, the 
        District of Columbia, the territories of the United States, and 
        Indian Tribes and tribal governments.

SEC. 9. FUNDING FROM THE EMERGENCY ECONOMIC STABILIZATION ACT.

    Of funds made available to the Secretary of the Treasury under 
title I of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 
5211 et seq.) that remain unobligated, the Secretary of the Treasury 
shall--
            (1) make available to the Secretary of Education 
        $14,000,000,000 for each of fiscal years 2010 through 2012 for 
        allocations to be made under section 2(a);
            (2) make available to the Attorney General $2,000,000,000 
        for each of fiscal years 2010 through 2012 for allocations to 
        be made under section 2(b);
            (3) make available to the Secretary of Homeland Security 
        $2,000,000,000 for each of fiscal years 2010 through 2012 for 
        allocations to be made under section 2(c);
            (4) make available to the Secretary of Commerce 
        $2,000,000,000 for each of fiscal years 2010 through 2012 for 
        allocations to be made under section 2(d);
            (5) make available to the Secretary of Labor 
        $31,000,000,000 for each of fiscal years 2010 through 2012 for 
        grants to be awarded under section 3;
            (6) make available to the Secretary of the Interior 
        $4,500,000,000 for each of fiscal years 2010 through 2012 for 
        grants to be awarded under section 4(a); and
            (7) make available to the Secretary of Agriculture 
        $4,500,000,000 for each of fiscal years 2010 through 2012 for 
        grants to be awarded under section 4(b).

SEC. 10. EXPEDITIED ADMINISTRATION.

    Each Secretary or Department to which funds are made available 
under section 9 shall expedite the administration and carrying out of 
the programs authorized for that respective Department in this Act in 
order that funds provided by this Act are allocated or awarded to 
eligible entities as soon as possible after the date of the enactment 
of this Act.
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