I 111th CONGRESS 1st Session H. R. 4290 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. Luján, 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.
1.
Short title
This Act may be cited as the New Deal for a New Economy Act.
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.
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.
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.
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.
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.
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.
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.
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).
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.