Short title

This Act may be cited as the

Strengthening Our Economy Through Employment and Development Act

Use of unexpended and repaid funds of the Troubled Asset Relief Program

Of the amounts made available to the Secretary of the Treasury under section 115 of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5225) that are unobligated as of the date of enactment of this Act and of all assistance received under title I of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5211 et seq.) that is repaid on or after the date of enactment of this Act, $10,000,000,000 shall be made available to carry out the Private Sector Wage Subsidy Fund under section 3 and the Public Sector Energy Efficiency Promotion Fund under section 4.

Private Sector Wage Subsidy Fund

(a)

Establishment

There is established in the Treasury of the United States a fund, to be known as the Private Sector Wage Subsidy Fund (referred to in this section as the Fund), consisting of $5,000,000,000 made available to the Fund under section 2, to enable small- and medium-sized businesses and nonprofit organizations to hire eligible workers who will receive wage subsidies pursuant to this section. (b)

Allocation to local areas and administration

(1)

In general

The Secretary of Labor shall allocate to each local area, to carry out this section, an amount that bears the same relationship to the funds made available under this section for a fiscal year, as the sum of the amounts received under paragraph (2)(A) or (3) of section 133(b) of the Workforce Investment Act of 1998 (29 U.S.C. 2863(b)) and under paragraph (2)(B) of that section by the local area for that fiscal year bears to the total of such sums received by all local areas for that fiscal year. (2)

Local area

In this section, the term local area has the meaning given the term in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801). (3)

Administration by local areas

(A)

In general

Each local area that receives an amount under this section shall provide allocations to businesses and nonprofit organizations in the same manner as the local area provides allocations for on-the-job training subsidies under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.), to the extent consistent with this section. (B)

Allocations to employers

Each local area that receives an amount under this section shall provide allocations to businesses and nonprofit organizations through twice-monthly or monthly subsidy checks for the first 9 months. The allocation for months 10, 11, and 12 shall be withheld until the end of the 15th month, at which point the business or nonprofit organization shall verify that the eligible worker is still on the payroll and shall then receive a lump-sum reimbursement for months 10, 11, and 12. (C)

Flexibility

A local area that receives an amount under this section may offer customized or variant subsidy arrangements with businesses and nonprofit organizations if 30 percent of the allocated funds have not been obligated by the local area within 6 months. (c)

Availability of funds

Allocation of amounts from the Fund to businesses and nonprofit organizations shall be— (1)made available not later than 90 days after the date of enactment of this Act; and (2)administered on a first-come, first-serve basis to incentivize rapid job creation. (d)

Eligibility

A business or nonprofit organization is eligible to receive an allocation from the Fund for wage subsidies if such business or organization employs fewer than 500 individuals. (e)

Wage subsidy

(1)

In general

Wage subsidies allocated under this section to businesses and nonprofit organizations to hire eligible workers shall be consistent with the following: (A)

1-year period

A wage subsidy shall be provided for a 1-year period. (B)

Amount

(i)

In general

Except as provided in clauses (ii) and (iii), a wage subsidy shall be— (I)50 percent of total wages; or (II)$12 per hour,

whichever amount is less.

(ii)

Iraq and Afghanistan veterans

Except as provided in clause (iii), in the case of an individual who is a veteran of military service in Iraq or Afghanistan after September 11, 2001, a wage subsidy shall be— (I)60 percent of total wages; or (II)$14.40 per hour,

whichever amount is less.

(iii)

Additional amount for employers that offer health insurance

Notwithstanding the subsidy maximum amounts provided under clauses (i) and (ii), a business or nonprofit organization that receives an allocation from the Fund for wage subsidies under this section and contributes to the cost of health insurance coverage for its employees shall receive an additional $1 per hour for each eligible worker hired pursuant to this section to help defray the cost of contributing to such coverage. (C)

Job wage minimum

Except as provided in subparagraph (D), a job for which a wage subsidy is allocated under this section shall— (i)pay not less than $10 per hour; or (ii)start at $9 per hour with a certification from the business or nonprofit organization that the wage will be increased to not less than $10 per hour by the end of the subsidy period. (D)

Minimum wage requirement

If the locality in which a job for which a wage subsidy is allocated under this section is located has a minimum wage requirement that is more than $10 per hour, then such job shall pay not less than such minimum wage requirement. (2)

Certification by employer

A business or nonprofit organization that receives an allocation from the Fund for wage subsidies under this section shall provide to the local area a certification that includes each of the following: (A)The business or organization will hire the employees hired under the wage subsidy program for newly created positions not for vacancies in already existing positions. (B)The business or organization will retain the employees hired under the wage subsidy program for not less than 15 months. (C)The business or organization will not displace existing workers, or reduce the hours of existing workers, with the employees hired under the wage subsidy program. (D)The business or organization will offer comparable wages and the same benefits to subsidized workers as comparable, existing workers. (E)The business or organization will hire the worker for a minimum of 30 hours per week. (F)If the business or nonprofit organization employs individuals represented by a labor organization, the business or nonprofit organization will obtain sign-off by the labor organization in coordination with the existing collective bargaining agreement. (3)

Failure to comply with certification

The Secretary of Labor shall promulgate regulations regarding waivers of a business or nonprofit organization's obligation to retain an employee hired under the wage subsidy program for not less than 15 months. (4)

Eligible workers

(A)

In general

A business or nonprofit organization that receives an allocation from the Fund for wage subsidies under this section shall hire only eligible workers to receive such wage subsidies. (B)

Eligible workers defined

In this section, the term eligible worker means an individual who— (i)has exhausted the individual's State-funded unemployment insurance benefits (as verified by the State or local department of labor or similar entity); or (ii)has been unemployed for not less than 6 months. (f)

Administrative costs

Of the funds allocated to each local area under this section, not more than 10 percent may be used by the local areas for costs and expenses for administration, marketing, job placement, and program support services.

Public Sector Energy Efficiency Promotion Fund

(a)

Establishment

There is established in the Treasury of the United States a fund, to be known as the Public Sector Energy Efficiency Promotion Fund (referred to in this section as the Fund), consisting of such amounts as are made available to the Fund under section 2. (b)

Grants

(1)

In general

On request by the Secretary of Energy (referred to in this section as the Secretary), the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary determines are necessary to distribute grants to States to provide funds to retrofit public buildings to increase energy efficiency. (2)

Reservation for indian tribes

The Secretary shall reserve 1 percent of amounts transferred under paragraph (1) to award grants to Indian tribes to carry out activities described in this section. (c)

Allocation to States

Grants made available under this section shall be allocated to States in accordance with section 543(c) of the Energy Security and Independence Act of 2007 (42 U.S.C. 17153(c)). (d)

Distribution to political subdivisions

A State that receives a grant under this section— (1)may retain not more than 30 percent of the amount of the grant; and (2)shall distribute the remainder of the grant to political subdivisions of the State through an application process. (e)

Unobligated funds

Any grant amounts not obligated by the date that is 1 year after the date of the receipt of the grant by the State or Indian tribe shall be— (1)returned to the Treasury of the United States; and (2)transferred to the Private Sector Wage Subsidy Fund established under section 3. (f)

Use of funds

(1)

In general

Subject to paragraphs (2) and (3), funds made available under this section may be used only— (A)to retrofit public housing for increased energy efficiency; (B)to retrofit public buildings, libraries, and schools for increased energy efficiency; (C)to retrofit vacant or foreclosed homes for increased energy efficiency; or (D)if there are not sufficient projects to carry out energy efficiency retrofits described in subparagraphs (A) through (C), to restore and refurbish public buildings. (2)

Priority

In using funds made available under this section, a State, political subdivision of a State, or Indian tribe shall give priority to projects that were identified by the State or Indian tribe before the date of enactment of this Act. (3)

Energy efficiency

(A)

In general

The Secretary of Energy, in coordination with the Secretary of Housing and Urban Development, shall create standards for measurement and verification of energy efficiency in residential buildings, commercial buildings, and federally funded housing facilities. (B)

Administration

In creating the standards described in subparagraph (A), the Secretary of Energy shall include the following— (i)the 2009 International Energy Conservation Code (IECC) or equivalent for residential buildings or the ASHRAE 90.1–2007 standard or equivalent for commercial buildings; (ii)a maximum window U–factor of .30 and a maximum solar heat gain factor of .30 for both residential and commercial buildings; (iii)certification of building energy and environment auditors, inspectors, and raters by the Residential Energy Services Network or an equivalent certification system, as determined by the Secretary; (iv)certification or licensing of building energy and environmental retrofit contractors by the Building Performance Institute or an equivalent certification or licensing system, as determined by the Secretary; (v)use of equipment and procedures of the Building Performance Institute, the Residential Energy Services Network, or other appropriate equipment and procedures (such as infrared photography and pressurized testing and tests for water use and indoor air quality), as determined by the Secretary, to test the energy and environmental efficiency of buildings effectively; (vi)determination of energy savings in a performance-based building retrofit program through— (I)in the case of residential buildings, comparison of before and after retrofit scores on the Home Energy Rating System Index, if the final score is produced by an objective third party, or compliance with 2009 IECC, as well as a maximum window U–factor of .30 and a maximum solar heat gain factor of .30; (II)in the case of commercial buildings, benchmarks set by the Environmental Protection Agency, or compliance with the ASHRAE 90.1 2007 standard or equivalent, as well as a maximum window U–factor of .30 and a maximum solar heat gain factor of .30; and (III)in the case of residential and commercial buildings, use of a program that is approved by the Administrator of the Environmental Protection Agency and subject to appropriate software standards and verification of at least 15 percent of all work completed; (vii)suggested guidelines for using— (I)the Energy Star portfolio manager; (II)the Home Energy Rating System rating system; (III)home performance improvements approved under the Energy Star program; and (IV)any other tools associated with applicable retrofit programs; and (viii)requirements, energy building codes, standards, or guidelines for renovation and postretrofit inspection and confirmation of work and energy savings. (g)

Competitive bidding

Any project carried out under this section that requires an outside contractor shall be subject to a competitive bidding process. (h)

Davis-Bacon compliance

(1)

In general

All laborers and mechanics employed on projects funded directly by or assisted in whole or in part by this section, under any contractor or subcontractor, 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. (2)

Authority

With respect to the labor standards specified in this subsection, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. (i)

Administrative costs

Of the funds made available to carry out this section, not more than— (1)1 percent may be used by the Secretary of Energy for administrative costs; and (2)4 percent of funds may be used by States and Indian tribes that receive grants under this section for administrative costs.

Evaluation

After the termination date described in section 6(a), the Secretary of Labor shall conduct an evaluation of job creation effectiveness of programs carried out with funds made available under this Act.

Sunset

(a)

In general

The Private Sector Wage Subsidy Fund established under section 3, the Public Sector Energy Efficiency Promotion Fund established under section 4, and the authorization of amounts made available to carry out such Funds shall terminate on the date that is 2 years after the date of enactment of this Act. (b)

Amounts returned to Treasury

Any amounts that are in the Funds described in subsection (a) on the date of termination described in subsection (a) shall be returned to the Treasury of the United States.