```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2269 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2269

     To establish the Gulf Coast Civic Works Commission within the 
 Department of Homeland Security Office of Federal Coordinator of Gulf 
 Coast Rebuilding to administer the Gulf Coast Civic Works Project to 
 provide job-training opportunities and increase employment to aid in 
                 the recovery of the Gulf Coast region.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 6, 2009

 Ms. Zoe Lofgren of California (for herself, Mr. Taylor, Mr. Conyers, 
 Mr. Stark, Mr. Cao, Mr. Lewis of Georgia, Ms. Lee of California, Mr. 
  Rangel, and Mr. Melancon) introduced the following bill; which was 
 referred to the Committee on Education and Labor, and in addition to 
       the Committees on Financial Services, Transportation and 
   Infrastructure, Natural Resources, and Energy and Commerce, 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 Gulf Coast Civic Works Commission within the 
 Department of Homeland Security Office of Federal Coordinator of Gulf 
 Coast Rebuilding to administer the Gulf Coast Civic Works Project to 
 provide job-training opportunities and increase employment to aid in 
                 the recovery of the Gulf Coast region.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Gulf Coast Civic 
Works Act''.
    (b) Table of Contents.--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.

SEC. 2. PURPOSES.

    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.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Green building; high-performance building.--The 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) Gulf coast region.--The term ``Gulf Coast region'' 
        means the areas of Louisiana, Mississippi, Texas, and Alabama 
        that were devastated by Hurricanes Katrina and Rita.
            (3) Infrastructure project.--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) LEED certification.--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) Life-cycle cost.--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) Local development plan.--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) Local advisory council.--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) Person.--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) Regional policy plan.--The term ``regional policy 
        plan'' means the plan prepared as described in section 105.
            (10) State agency.--The term ``State agency'' means any 
        department, board, bureau, commission, institution, public 
        higher education institution, school district, or other 
        governmental entity of a State.

SEC. 4. SEVERABILITY.

    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.

             TITLE I--THE GULF COAST CIVIC WORKS COMMISSION

SEC. 101. ESTABLISHMENT OF COMMISSION.

    (a) In General.--There is hereby established within the Department 
of Homeland Security Office of the Federal Coordinator of Gulf Coast 
Rebuilding the ``Gulf Coast Civic Works Commission'' (in this Act 
referred to as the ``Commission'').
    (b) Membership.--
            (1) In general.--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.
            (2) Nominations by governor of louisiana.--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.
            (3) Nominations by governor of mississippi.--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.
            (4) Nominations by governor of alabama.--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.
            (5) Nominations by governor of texas.--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.
            (6) Political party affiliation.--Not more than 8 members 
        of the Commission may be affiliated with any 1 political party.
    (c) Chairperson and Vice Chairperson.--
            (1) Chairperson.--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.
            (2) Vice chairperson.--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.
            (3) Acting chairperson.--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.
    (d) Term of Office.--
            (1) In general.--Each member of the Commission appointed 
        shall serve a term of 3 years.
            (2) Interim appointments.--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.
            (3) Continuation of service.--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.
            (4) Removal for cause.--The Chairperson, Vice Chairperson, 
        and any appointed member may be removed by the President for 
        cause.
            (5) Full-time service.--The members of the Commission shall 
        serve on a full-time basis.
    (e) Vacancy.--Any vacancy on the Commission shall be filled in the 
manner in which the original appointment was made, provided--
            (1) 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
            (2) 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.
    (f) Basic Pay.--
            (1) Chairperson.--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 section 5314 
        of title 5, United States Code.
            (2) Members.--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 section 5315 of title 5, United 
        States Code.
    (g) Ineligibility for Other Offices.--
            (1) Other government positions.--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.
            (2) Restriction during service.--No member of the 
        Commission may--
                    (A) 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
                    (B) 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.
            (3) Certification.--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.
    (h) Clarification of Nonliability.--
            (1) In general.--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.
            (2) Effect on other law.--This subsection shall not be 
        construed as--
                    (A) affecting--
                            (i) 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
                            (ii) 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
                    (B) limiting or altering in any way the immunities 
                that are available under applicable law for Federal 
                officials and employees not described in this 
                subsection.
    (i) Principal Office.--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.
    (j) Property Owners' Rights and Protections.--
            (1) No authority to exercise eminent domain.--The 
        Commission shall have no authority to acquire interests in 
        property by eminent domain.
            (2) Local invitation.--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.
            (3) Compliance with local development plans.--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.
    (k) Termination.--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.

SEC. 102. CAPITALIZATION OF THE COMMISSION.

    (a) In General.--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.
    (b) Certificates.--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.
    (c) Public Debt Transaction.--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 chapter 31 of title 31, United States Code.
    (d) Reports.--
            (1) In general.--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.
            (2) Public availability.--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.
    (e) Termination of Authority To Issue Stock.--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.
    (f) Revenue Used To Retire Stock.--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.

SEC. 103. OFFICERS, EMPLOYEES, AND OTHER AGENTS OF THE COMMISSION.

    (a) In General.--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.
    (b) Staff.--
            (1) Executive director.--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.
            (2) Chief regulatory officer.--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.
    (c) Staff Duties.--The executive director and other officers 
shall--
            (1) coordinate project planning with the relevant Federal, 
        State, regional and municipal authorities, laws and planning 
        processes;
            (2) work with State and municipal governments and nonprofit 
        leaders to develop guidelines and regulations for districts of 
        critical planning concern and regional funding priorities;
            (3) assist residents and local officials in forming local 
        advisory councils;
            (4) 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;
            (5) evaluate the adequacy of the respective component of 
        each local recovery plan submitted to the Commission for 
        certification;
            (6) monitor and publicly record the progress of each local 
        advisory council in implementing the respective component of 
        its local plan; and
            (7) report to the Commission on the progress of each 
        municipality in implementing the respective component of its 
        local comprehensive plan.
    (d) Removal.--Any appointee of the Commission may be removed in the 
discretion of the Commission.
    (e) Contracts, Salaries, and Wages.--No regular officer or employee 
of the Commission shall receive a salary in excess of that received by 
the members of the Commission, and--
            (1) 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;
            (2) 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;
            (3) 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
            (4) insofar as applicable, the workers compensation laws of 
        the United States shall extend to persons given employment 
        under the provisions of this Act.
    (f) Political Tests Prohibited in Employment.--
            (1) Appointment.--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.
            (2) Compensation.--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.
            (3) Contracts.--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.

SEC. 104. POWERS OF THE COMMISSION.

    (a) 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:
            (1) 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.
            (2) To make use of alternate dispute resolution mechanisms 
        such as negotiation, mediation or arbitration.
            (3) To prescribe bylaws that are consistent with law to 
        provide for--
                    (A) the management and operational structure of the 
                Commission;
                    (B) the manner in which general operations are to 
                be conducted; and
                    (C) such other matters as the Commission determines 
                to be appropriate.
            (4) To fix the compensation and number of, and appoint, 
        employees for any position established by the Commission.
            (5) To apply for and receive Federal and private grants and 
        loans and to expend such funds with the approval of the 
        Commission.
            (6) To conduct investigations necessary to ensure 
        compliance with the provisions of the Act.
            (7) To negotiate and enter into Civic Works Project 
        agreements as described in sections 106 and 107.
            (8) 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.
            (9) To recommend to State and municipal agencies 
        appropriate regulations for consistency with the regional 
        policy plan.
            (10) To promulgate and amend rules and regulations as 
        appropriate to carry out its responsibilities under this Act.
            (11) To appoint advisory boards, councils, subcommittees 
        and panels as it deems appropriate to carry out its 
        responsibilities under this Act.
            (12) To recommend public acquisition of specified land 
        areas for preservation or recreational purposes.
            (13) 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.
            (14) To coordinate its regulatory functions with local, 
        State, and Federal authorities and, where possible and 
        appropriate, to conduct joint hearings with those authorities.
            (15) To acquire funds and to manage such funds.
            (16) To produce an annual report which will be included in 
        the annual Executive Office report.
            (17) 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.
            (18) 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.
            (19) 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.
            (20) To review and comment upon local comprehensive plans.
            (21) To conduct community outreach and public education.
            (22) 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.
            (23) 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.
            (24) To make grants and provide technical assistance to 
        municipalities for use in local planning activities.
            (25) To provide technical assistance, administrative 
        support, and compliance training for small businesses and job-
        training programs serving the affected region.
            (26) 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.
            (27) 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.
            (28) To fund the construction of new structures and 
        facilities as necessary for the recovery of the Gulf Coast 
        region.
            (29) Coordinate national, State, district, county or 
        municipal programs for the recovery and development of the Gulf 
        Coast region.
            (30) 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.
            (31) Prescribe rules and regulations to--
                    (A) 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;
                    (B) 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;
                    (C) govern the selection of such participating 
                business and organizations on an open-bid basis;
                    (D) 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;
                    (E) 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;
                    (F) 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;
                    (G) 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
                    (H) 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.
            (32) To recommend and carry out useful projects designed to 
        assure a maximum of employment and recovery in affected 
        localities.
    (b) Notice of Hearing.--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.
    (c) Termination of Contract for Cause.--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.
    (d) Agency Authority.--
            (1) Status.--The Commission in any capacity, shall be an 
        agency of the United States for purposes of section 1345 of 
        title 28, United States Code, without regard to whether the 
        Commission commenced the action.
            (2) Federal court jurisdiction.--
                    (A) In general.--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.
                    (B) Removal.--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.
                    (C) Appeal of remand.--The Commission may appeal 
                any order of remand entered by any United States 
                district court.
            (3) Service of process.--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.
            (4) Bonds or fees.--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.
    (e) Real Estate and Other Property.--In order to enable the 
Commission to exercise the powers and duties vested in it by this Act:
            (1) 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.
            (2) 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.
    (f) Financial Statements and Reports.--
            (1) 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.
            (2) 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.
            (3) 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.
    (g) Reservation of Rights and Remedies.--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.
    (h) Recommendations and Further Legislation.--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--
            (1) the physical reconstruction and improvement of the 
        devastated Gulf Coast region;
            (2) the improvement of levees and other flood control 
        systems;
            (3) the economic and social well-being of the people living 
        in the Gulf Coast Region;
            (4) the creation of jobs and job training programs; and
            (5) the economic development of the Gulf Coast region.
    (i) Local Development Plans.--
            (1) Establishment of local advisory councils.--
                    (A) In general.--
                            (i) Designation by municipalities.--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.
                            (ii) Other municipalities.--For any 
                        municipality that does not designate an 
                        advisory entity under clause (i)--
                                    (I) 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
                                    (II) 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.
                    (B) Membership.--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.
                    (C) Consultation.--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.
                    (D) Local advisory council assessments.--Each local 
                advisory council shall provide an assessment to the 
                Commission which shall include the following:
                            (i) Review of the state of recovery and 
                        needs in their area, including--
                                    (I) workforce development;
                                    (II) workforce housing;
                                    (III) employment;
                                    (IV) disaster mitigation;
                                    (V) 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;
                                    (VI) environmental restoration, 
                                including restoring wetlands, barrier 
                                islands, watersheds, fisheries, and 
                                forests; energy efficiency; art, 
                                architecture, and cultural needs; and
                                    (VII) accessibility of work related 
                                services like childcare, transit, and 
                                healthcare;
                            (ii) Identification of community assets 
                        such as interested governmental, nonprofit, 
                        faith-based and private partners including--
                                    (I) workforce intermediaries; 
                                identifying workers; helping residents 
                                find work and relevant available 
                                training opportunities; and identifying 
                                existing businesses workforce needs;
                                    (II) training entities; and
                                    (III) local and small and 
                                disadvantaged businesses as possible 
                                subcontractors on recovery contracts; 
                                and
                            (iii) 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.
                    (E) Project proposals.--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.
                    (F) Civic works project proposals.--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.
                    (G) Local oversight.--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.
                    (H) Local coordination.--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.
                    (I) Project funding.--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.
            (2) Local development plans.--In executing the 
        redevelopment mandate under this title, the Commission--
                    (A) shall take into account and comply with any 
                redevelopment plan established by State and local 
                government officials; and
                    (B) 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.

SEC. 105. REGIONAL COORDINATION.

    (a) Establishment of Regional Taskforces.--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.
    (b) Purpose of Taskforces.--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.
    (c) Regional Policy Plan.--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.
    (d) Contents of Regional Policy Plan.--The regional policy plan 
shall include--
            (1) 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;
            (2) 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;
            (3) 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
            (4) a policy for coordinating regional and local planning 
        efforts, including coordinating planning activities of private 
        parties and local, State, or Federal governmental authorities.

SEC. 106. SEALED OPEN PROPOSAL PROCESS.

    (a) Selection of Civic Works Projects Through Competitive Sealed 
Proposals.--
            (1) All Civic Works Projects shall be awarded by 
        competitive sealed proposal except as otherwise provided.
            (2) 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.
            (3) 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.
            (4) 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.
            (5) 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.
            (6) 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.
            (7) 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.
    (b) Solicitation of Proposals by Electronic On-Line Access.--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.
    (c) Cancellation of Invitations for Proposals.--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.
    (d) Responsibility of Proposing Entity and Offerors.--
            (1) 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.
            (2) 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.
    (e) Rules and Regulations.--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.
    (f) Finality of Determinations.--The determinations required are 
final and conclusive unless they are clearly erroneous, arbitrary, 
capricious, or contrary to law.
    (g) Reporting of Anticompetitive Practices.--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.
    (h) Prohibition of Dividing Work of Public Project.--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.

SEC. 107. SEALED OPEN BID PROCESS.

    (a) Contracting of Civic Works Projects Through Competitive Sealed 
Bidding.--The following are requirements for the contracting of Civic 
Works Projects selected under section 106:
            (1) All contracts for Civic Works Projects shall be awarded 
        by competitive sealed bidding except as otherwise provided.
            (2) An invitation for bids shall be issued and shall 
        include a project description and all contractual terms and 
        conditions applicable to the project.
            (3) 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.
            (4) 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.
            (5) 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.
            (6) 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.
            (7) 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.
    (b) Exceptions.--The requirements described in subsection (a) shall 
not apply to:
            (1) A Civic Works Project for which the agency of 
        government receives no bids or for which all bids have been 
        rejected.
            (2) 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.
            (3) 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.
            (4) 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.
    (c) Solicitation of Bids by Electronic On-Line Access.--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.
    (d) Cancellation of Invitations for Bids.--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.
    (e) Responsibility of Bidders and Offerors.--
            (1) 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.
            (2) Information furnished by a bidder or offeror pursuant 
        to this section shall not be disclosed without prior written 
        consent by the bidder or offeror.
    (f) Prequalification of Contractors.--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.
    (g) Types of Contracts.--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.
    (h) Commission To Submit Cost Estimate.--
            (1) 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.
            (2) 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.
            (3) The Commission or Local Advisory Councils shall not be 
        required to be bonded when performing the work on a public 
        project.
    (i) Rules and Regulations.--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.
    (j) Finality of Determinations.--The determinations required are 
final and conclusive unless they are clearly erroneous, arbitrary, 
capricious, or contrary to law.
    (k) Reporting of Anticompetitive Practices.--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.
    (l) Prohibition of Dividing Work of Public Project.--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.

SEC. 108. ENVIRONMENTAL PROTECTION.

    (a) Designation of Certain Areas.--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:
            (1) the presence of significant natural, coastal, 
        scientific, cultural, architectural, archaeological, historic, 
        economic or recreational resources or values of regional, 
        statewide or national significance;
            (2) the presence of substantial areas of sensitive 
        ecological conditions which render the area unsuitable for 
        development; or
            (3) the presence or proposed establishment of a major 
        capital public facility or area of public investment.
    (b) Standards and Criteria.--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.

              TITLE II--THE GULF COAST CIVIC WORKS PROJECT

SEC. 201. PURPOSES.

    The purposes of this title shall be--
            (1) to create a minimum of 100,000 jobs for Gulf Coast 
        residents and evacuees;
            (2) to increase employment in the Gulf Coast region; and
            (3) to build a skilled workforce for rebuilding and 
        developing the lands, communities, and infrastructure impacted 
        by hurricanes and flooding in the Gulf Coast region.

SEC. 202. ESTABLISHMENT; CONTRACT AUTHORITY.

    (a) Establishment.--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.
    (b) Contract Authority.--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.

SEC. 203. GENERAL ACTIVITIES.

    The Commission shall carry out the Gulf Coast Civic Works Project 
established under section 202, which shall include the following 
activities:
            (1) Identifying areas of the Gulf Coast region that are in 
        need of recovery, rebuilding, and development projects.
            (2) 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.
            (3) 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.
            (4) 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.
            (5) 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.
            (6) Assisting Gulf Coast residents and evacuees employed or 
        trained through the Commission to gain access and information 
        to housing programs.

SEC. 204. JOB-TRAINING PARTNERSHIPS.

    (a) Job-Training Programs.--
            (1) In general.--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.
            (2) Priority.--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.
    (b) Capacity-Building Partnerships.--
            (1) In general.--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--
                    (A) providing technical assistance necessary and 
                capacity-building support; and
                    (B) 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.
            (2) Authority to assist public or private nonprofit 
        organizations.--
                    (A) In general.--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--
                            (i) have experience with job-training or 
                        workforce development;
                            (ii) have been in effect at least 1 year 
                        prior to submitting an application for a grant 
                        under this subsection; and
                            (iii) meet such other criteria as the 
                        Commission may establish.
                    (B) Use of funds.--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.
            (3) Application for partnership.--
                    (A) 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--
                            (i) Civic Works Projects or other recovery, 
                        rebuilding, and development project;
                            (ii) the need for partnership; and
                            (iii) the need for and intended use of 
                        grants or other funds awarded under this title.
                    (B) The Commission shall set forth application 
                guidelines and procedure for organizations seeking to 
                work in partnership with the Commission.

SEC. 205. APPRENTICESHIP PROGRAMS.

    (a) In General.--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:
            (1) 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.
            (2) 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.
    (b) Exceptions.--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.

SEC. 206. JOB CREATION.

    (a) Employment.--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.
    (b) Project Creation.--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.

SEC. 207. FIRST SOURCE HIRING AND OUTREACH.

    (a) First Source Hiring Requirements.--
            (1) In general.--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--
                    (A) 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--
                            (i) 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
                            (ii) filling its first available positions 
                        with such residents and such evacuees; and
                    (B) 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.
            (2) Exception.--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.
    (b) Outreach Partnerships.--
            (1) In general.--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--
                    (A) conduct outreach to Gulf Coast residents and 
                evacuees;
                    (B) 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
                    (C) set up local hiring halls described in 
                subsection (c).
            (2) Limited-english proficiency communities.--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.
    (c) Local Hiring Halls.--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 ``local hiring halls'') 
in each community of the Gulf Coast region where--
            (1) 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
            (2) Gulf Coast residents or evacuees may be provided access 
        to child care while seeking employment or working.

SEC. 208. WAGES.

    (a) Job Training and Apprenticeship Wages.--
            (1) Job training wages.--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.
            (2) Apprenticeship wages.--Apprenticeship programs 
        established or funded under this Act shall ensure that 
        apprentices are paid not less than $15 per hour.
            (3) Adjustment for inflation.--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.
    (b) Employee Wages.--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 ``Davis-Bacon 
Act'').

SEC. 209. OTHER PROJECTS.

    (a) Infrastructure and Public Works Development.--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.
    (b) Environmental Restoration.--In addition to the other activities 
described in this title, the Commission shall establish or coordinate 
environmental restoration projects.
    (c) Civic Conservation Corps.--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.
    (d) Energy Efficiency and Conservation.--In addition to the other 
activities described in this title, the Commission shall establish or 
coordinate projects to establish or coordinate projects--
            (1) to reduce greenhouse gas emissions created as a result 
        of activities within the jurisdictions of eligible entities in 
        a manner that--
                    (A) is environmentally sustainable; and
                    (B) to the maximum extent practicable, maximizes 
                benefits for local and regional communities;
            (2) to reduce the total energy use of the eligible 
        entities; and
            (3) to improve energy efficiency in--
                    (A) the transportation sector;
                    (B) the building sector; and
                    (C) other appropriate sectors.
    (e) Workforce Housing.--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.
    (f) Supplemental Services.--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.
    (g) Youth Works Program.--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.
    (h) Arts, Culture, Historical Restoration and Heritage.--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.
    (i) Gulf Coast Artists Grants.--
            (1) In general.--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.
            (2) Eligible recipients.--To be eligible to receive a grant 
        under paragraph (1), an individual shall--
                    (A) be a resident of the Gulf Coast region; and
                    (B) have demonstrated skill or talent in music, 
                theater, writing, or the visual arts.
            (3) Amount of grant.--The amount of the grants provided 
        under this subsection shall be determined by the Commission.
            (4) Application.--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.
            (5) Use of grant funds.--A grant provided under this 
        subsection shall be used on an artistic project that--
                    (A) showcases the history or culture of the Gulf 
                Coast region; or
                    (B) has as its subject the effects of Hurricanes 
                Katrina or Rita.
    (j) Chronicle of Hurricanes Katrina and Rita Grants.--
            (1) Authorization.--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.
            (2) Eligible recipients.--To be eligible to receive a grant 
        under paragraph (1), an individual shall--
                    (A) be a resident of the Gulf Coast region; and
                    (B) have demonstrated skill or talent as a writer 
                or film maker.
            (3) Amount of grant.--The amount of the grants provided 
        under this section shall be determined by the Commission.
            (4) Application.--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.
            (5) Use of grant funds.--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.

SEC. 210. GENERAL PROVISIONS AND GUIDELINES.

    In conducting works projects under this title, the Commission shall 
adhere to the following rules and guidelines:
            (1) 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.
            (2) 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.
            (3) 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.
            (4) Whenever possible, the Gulf Coast Civic Works Project 
        shall purchase materials, equipment, supplies, and services 
        from local business and producers.
            (5) 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.
            (6) 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.
            (7) 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.

SEC. 211. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--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.
    (b) Partnerships.--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.
                                 <all>
```