I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Gulf Coast Civic Works Act’’. 

4 (b) TABLE OF CONTENTS.—The table of contents of 

5 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. 

6 SEC. 2. PURPOSES. 

7 It is the purpose of this Act to— 

8 (1) establish a Federal authority to implement 

9 the necessary equitable government response to the 

10 disaster experienced in the region for all Gulf Coast 

11 communities; 


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1 (2) provide a minimum of 100,000 job and 

2 training opportunities to those whose livelihoods 

3 have been affected by the devastation of the Gulf 

4 Coast region, particularly women and individuals 

5 who qualify as low income; 

6 (3) create stronger and more sustainable com7 munities better able to mitigate the physical, social, 

8 and economic impact of future disasters; 

9 (4) assure that those who are most vulnerable 

10 to the direct effects of climate change are able to 

11 prepare for and adapt to those impacts by building 

12 resilience and reducing risk; 

13 (5) strengthen the workforce by providing job 

14 training for thousands of workers that will enable 

15 them to rebuild communities and make an inde16 pendent living; 

17 (6) rebuild homes, public infrastructure, his18 toric buildings, and community resources, to protect 

19 communities from future disasters and restore lives 

20 and faith in the Federal Government; 

21 (7) promote sustainable development, energy 

22 conservation, environmental restoration, and encour23 aging emerging industries and green technologies; 

24 (8) ensure equitable working conditions by pro25 viding workers with fair wages; 


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1 (9) utilize the recommendations of community 

2 organizations and coalitions in order to rebuild and 

3 strengthen communities; and 

4 (10) strengthen partnerships between the public 

5 and private sector that will lead to increased eco6 nomic growth in the region. 

7 SEC. 3. DEFINITIONS. 

8 In this Act: 

9 (1) GREEN BUILDING; HIGH-PERFORMANCE

10 BUILDING.—The term ‘‘green building’’ or ‘‘high11 performance building’’ means a building that is de12 signed to achieve integrated systems design and con13 struction so as to significantly reduce or eliminate 

14 the negative impact of the built environment on the 

15 following: 

16 (A) Site conservation and sustainable plan17 ning. 

18 (B) Water conservation and efficiency. 

19 (C) Energy efficiency and renewable en20 ergy. 

21 (D) Conservation of materials and re22 sources. 

23 (E) Indoor environmental quality and 

24 human health. 


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1 (2) GULF COAST REGION.—The term ‘‘Gulf 

2 Coast region’’ means the areas of Louisiana, Mis3 sissippi, Texas, and Alabama that were devastated 

4 by Hurricanes Katrina and Rita. 

5 (3) INFRASTRUCTURE PROJECT.—The term 

6 ‘‘infrastructure project’’ means the building, im7 provement, or increase in capacity of a basic instal8 lation, facility, asset, or stock that is associated 

9 with— 

10 (A) a levee or other flood protection con11 struction; 

12 (B) a public facility such as a public 

13 schoolhouse, public college or university, police 

14 station, fire station, library, clinic, hospital, job 

15 center, shelter, or community center; 

16 (C) a mass transit system; 

17 (D) a public housing property that is eligi18 ble to receive funding under section 24 of the 

19 United States Housing Act of 1937 (42 U.S.C. 

20 1437v); 

21 (E) a road or bridge; 

22 (F) a public utility system, structure, or 

23 facility; or 

24 (G) a drinking water system or a waste25 water system. 


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1 (4) LEED CERTIFICATION.—The term ‘‘LEED 

2 certification’’ means the Leadership in Energy and 

3 Environmental Design green building rating system 

4 developed and adopted by the United States Green 

5 Building Council, which measures and evaluates the 

6 energy and environmental performance of a building. 

7 (5) LIFE-CYCLE COST.—The term ‘‘life-cycle 

8 cost’’ means the cost of a building, as determined by 

9 the methodology identified in the National Institute 

10 of Standards and Technology’s special publication 

11 544 and interagency report 80–2040, available as 

12 set forth in the Code of Federal Regulations, title 

13 15, part 230, including the initial cost of its con14 struction or renovation, the marginal cost of future 

15 energy capacity, the cost of the energy consumed by 

16 the facility over its expected useful life or, in the 

17 case of a leased building, over the remaining term of 

18 the lease, and the cost of operating and maintaining 

19 the facility as such cost affects energy consumption. 

20 (6) LOCAL DEVELOPMENT PLAN.—The term 

21 ‘‘local development plan’’ means the plan which may 

22 be prepared or adopted by a local advisory council 

23 with the consultation and assistance of the Commis24 sion staff and adopted by a town meeting. 


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1 (7) LOCAL ADVISORY COUNCIL.—The term 

2 ‘‘local advisory council’’ means the local council es3 tablished in each municipality to develop and man4 age the Civic Works Project, as described in section 

5 104. 

6 (8) PERSON.—The term ‘‘person’’ means an in7 dividual, corporation, municipality, governmental 

8 agency or authority, business trust, estate, trust, 

9 partnership, association, joint venture, two or more 

10 persons having a joint or common interest, or any 

11 legal entity. A State agency or authority shall not be 

12 deemed a person within the meaning of this Act. 

13 (9) REGIONAL POLICY PLAN.—The term ‘‘re14 gional policy plan’’ means the plan prepared as de15 scribed in section 105. 

16 (10) STATE AGENCY.—The term ‘‘State agen17 cy’’ means any department, board, bureau, commis18 sion, institution, public higher education institution, 

19 school district, or other governmental entity of a 

20 State. 

21 SEC. 4. SEVERABILITY. 

22 If any provision of this Act, or the application of such 

23 provision with respect to any person or circumstance, is 

24 held invalid, the remainder of this Act, and the application 


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1 of such provision to any other person or circumstance, 

2 shall not be affected by such holding. 

3 TITLE I—THE GULF COAST CIVIC 

4 WORKS COMMISSION 

5 SEC. 101. ESTABLISHMENT OF COMMISSION. 

6 (a) IN GENERAL.—There is hereby established within 

7 the Department of Homeland Security Office of the Fed8 eral Coordinator of Gulf Coast Rebuilding the ‘‘Gulf Coast 

9 Civic Works Commission’’ (in this Act referred to as the 

10 ‘‘Commission’’). 

11 (b) MEMBERSHIP.— 

12 (1) IN GENERAL.—The Commission shall be 

13 composed of 16 individuals appointed by the Presi14 dent, by and with the advice and consent of the Sen15 ate, from among individuals who are citizens of the 

16 United States and residents or evacuees of the Gulf 

17 Coast Region, and shall have gender, age, ethnic and 

18 racial diversity reflective of the Gulf Coast Region, 

19 and shall have diverse experience and knowledge rep20 resentative of all the issues related to complete re21 covery including, but not limited to: housing, worker 

22 and immigrant rights, infrastructure, social services, 

23 levee protection, and coastal restoration. 

24 (2) NOMINATIONS BY GOVERNOR OF LOU25 ISIANA.—Four members of the Commission shall be 


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1 appointed under paragraph (1) from among individ2 uals who are nominated for appointment by the Gov3 ernor of Louisiana in consultation with community 

4 based Gulf Coast Region coalitions. 

5 (3) NOMINATIONS BY GOVERNOR OF MIS6 SISSIPPI.—Four members of the Commission shall 

7 be appointed under paragraph (1) from among indi8 viduals who are nominated for appointment by the 

9 Governor of Mississippi in consultation with commu10 nity based Gulf Coast Region coalitions. 

11 (4) NOMINATIONS BY GOVERNOR OF ALA12 BAMA.—Four members of the Commission shall be 

13 appointed under paragraph (1) from among individ14 uals who are nominated for appointment by the Gov15 ernor of Alabama in consultation with community 

16 based Gulf Coast Region coalitions. 

17 (5) NOMINATIONS BY GOVERNOR OF TEXAS.— 

18 Four member of the Commission shall be appointed 

19 under paragraph (1) from among individuals who 

20 are nominated for appointment by the Governor of 

21 Texas in consultation with community based Gulf 

22 Coast Region coalitions. 

23 (6) POLITICAL PARTY AFFILIATION.—Not more 

24 than 8 members of the Commission may be affiliated 

25 with any 1 political party. 


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1 (c) CHAIRPERSON AND VICE CHAIRPERSON.— 

2 (1) CHAIRPERSON.—The Commission shall an3 nually elect a chairperson. The first set of officers 

4 shall be elected at the Commission’s initial organiza5 tional meeting, which shall be conducted within 30 

6 days of the effective date of this Act. 

7 (2) VICE CHAIRPERSON.—The Commission 

8 shall annually elect a vice chairperson. The first set 

9 of officers shall be elected at the Commission’s ini10 tial organizational meeting, which shall be conducted 

11 within 30 days of the effective date of this Act. 

12 (3) ACTING CHAIRPERSON.—In the event of a 

13 vacancy in the position of Chairperson of the Com14 mission or during the absence or disability of the 

15 Chairperson, the Vice Chairperson shall act as 

16 Chairperson. 

17 (d) TERM OF OFFICE.— 

18 (1) IN GENERAL.—Each member of the Com19 mission appointed shall serve a term of 3 years. 

20 (2) INTERIM APPOINTMENTS.—Any member ap21 pointed to fill a vacancy occurring before the expira22 tion of the term for which such member’s prede23 cessor was appointed shall be appointed only for the 

24 remainder of such term. 


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1 (3) CONTINUATION OF SERVICE.—The Chair2 person, Vice Chairperson, and each appointed mem3 ber may continue to serve after the expiration of the 

4 term of office to which such member was appointed 

5 until a successor has been appointed and qualified. 

6 (4) REMOVAL FOR CAUSE.—The Chairperson, 

7 Vice Chairperson, and any appointed member may 

8 be removed by the President for cause. 

9 (5) FULL-TIME SERVICE.—The members of the 

10 Commission shall serve on a full-time basis. 

11 (e) VACANCY.—Any vacancy on the Commission shall 

12 be filled in the manner in which the original appointment 

13 was made, provided— 

14 (1) any member appointed to fill a vacancy in 

15 the Commission occurring prior to the expiration of 

16 the term for which his predecessor was appointed 

17 shall be appointed for the remainder of such term; 

18 and 

19 (2) vacancies in the Commission so long as 

20 there shall be nine members in office shall not im21 pair the powers of the Board to execute the func22 tions of the Commission, and nine of the members 

23 in office shall constitute a quorum for the trans24 action of the business of the Commission. 

25 (f) BASIC PAY.— 


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1 (1) CHAIRPERSON.—From the amounts appro2 priated under section 211, the Chairperson shall be 

3 paid at the rate of basic pay for level III of the Ex4 ecutive Schedule under section 5314 of title 5, 

5 United States Code. 

6 (2) MEMBERS.—From the amounts appro7 priated under section 211, each member of the Com8 mission, with the exception of the Chairperson, shall 

9 be paid at a rate of basic pay for level IV of the Ex10 ecutive Schedule under section 5315 of title 5, 

11 United States Code. 

12 (g) INELIGIBILITY FOR OTHER OFFICES.— 

13 (1) OTHER GOVERNMENT POSITIONS.—No per14 son may serve as a member of the Commission while 

15 holding any position as an officer or employee of the 

16 Federal Government, any State government, or any 

17 political subdivision of any State. 

18 (2) RESTRICTION DURING SERVICE.—No mem19 ber of the Commission may— 

20 (A) be an officer or director of any insured 

21 depository institution, insured credit union, de22 pository institution holding company, Federal 

23 reserve bank, Federal home loan bank, invest24 ment bank, mortgage bank, or any other entity 


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1 which enters into any contract with the Com2 mission; or 

3 (B) hold stock in any insured depository 

4 institution, depository institution holding com5 pany, investment bank, mortgage bank, or any 

6 other entity which enters into any contract with 

7 the Commission. 

8 (3) CERTIFICATION.—Upon taking office, each 

9 member of the Commission shall certify under oath 

10 that such member has complied with this subsection 

11 and such certification shall be filed with the sec12 retary of the Commission. 

13 (h) CLARIFICATION OF NONLIABILITY.— 

14 (1) IN GENERAL.—A director, member, officer, 

15 or employee of the Commission has no liability under 

16 the Securities Act of 1933 with respect to any claim 

17 arising out of or resulting from any act or omission 

18 by such person within the scope of such person’s em19 ployment in connection with any transaction involv20 ing the disposition of assets (or any interests in any 

21 assets or any obligations backed by any assets) by 

22 the Commission. This subsection shall not be con23 strued to limit personal liability for criminal acts or 

24 omissions, willful or malicious misconduct, acts or 

25 omissions for private gain, or any other acts or 


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1 omissions outside the scope of such person’s employ2 ment. 

3 (2) EFFECT ON OTHER LAW.—This subsection 

4 shall not be construed as— 

5 (A) affecting— 

6 (i) any other immunities and protec7 tions that may be available to person to 

8 whom paragraph (1) applies under applica9 ble law with respect to such transactions; 

10 or 

11 (ii) any other right or remedy against 

12 the Commission, against the United States 

13 under applicable law, or against any per14 son other than a person described in para15 graph (1) participating in such trans16 actions; or 

17 (B) limiting or altering in any way the im18 munities that are available under applicable law 

19 for Federal officials and employees not de20 scribed in this subsection. 

21 (i) PRINCIPAL OFFICE.—The principal office of the 

22 Commission shall be located in the State of Louisiana. 

23 There may be established agencies or branch offices in the 

24 District of Columbia and in any municipality in the Gulf 


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1 Coast region to the extent provided for in the by-laws of 

2 the Commission. 

3 (j) PROPERTY OWNERS’ RIGHTS AND PROTEC4 TIONS.— 

5 (1) NO AUTHORITY TO EXERCISE EMINENT DO6 MAIN.—The Commission shall have no authority to 

7 acquire interests in property by eminent domain. 

8 (2) LOCAL INVITATION.—Notwithstanding any 

9 other provision of this title, the Commission may 

10 take no action in any municipality unless the local 

11 government of such municipality has adopted a reso12 lution of invitation for the Commission’s assistance. 

13 (3) COMPLIANCE WITH LOCAL DEVELOPMENT

14 PLANS.—The Commission shall have no authority to 

15 carry out projects which are not consistent with local 

16 development plans established by State or local gov17 ernment, or local advisory councils. 

18 (k) TERMINATION.—Section 14(a)(2)(B) of the Fed19 eral Advisory Committee Act (5 U.S.C. App.; relating to 

20 the termination of advisory committees) shall not apply 

21 to the Commission. 

22 SEC. 102. CAPITALIZATION OF THE COMMISSION. 

23 (a) IN GENERAL.—The Commission shall have cap24 ital stock subscribed to by the Government in such amount 

25 as the President may determine to be appropriate, to the 


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1 extent provided in advance in an appropriation Act for any 

2 fiscal year. 

3 (b) CERTIFICATES.—Certificates evidencing shares of 

4 nonvoting capital stock of the Commission shall be issued 

5 by the Commission to the President of the United States, 

6 or to such other person or persons as the President may 

7 designate from time to time, to the extent of payments 

8 made for the capital stock of the Commission. 

9 (c) PUBLIC DEBT TRANSACTION.—For the purpose 

10 of purchasing shares of capital stock of the Commission, 

11 the Secretary of the Treasury may use as a public-debt 

12 transaction the proceeds of any securities issued under 

13 chapter 31 of title 31, United States Code. 

14 (d) REPORTS.— 

15 (1) IN GENERAL.—The Board shall submit to 

16 the Director of the Office of Management and Budg17 et and to the Secretary of the Treasury quarterly re18 ports and an annual report on the expenses of the 

19 Commission during the period covered by the report, 

20 the financial condition of the Commission as of the 

21 end of such period, the results of the Commission’s 

22 operations during such period, and the progress 

23 made during such period in fulfilling the mission 

24 and purposes of the Commission, together with a 

25 copy of the Commission’s financial operating plans 


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1 and forecasts for the annual or quarterly period (as 

2 the case may be) succeeding the period covered by 

3 the report. 

4 (2) PUBLIC AVAILABILITY.—Each report sub5 mitted to the Director of the Office of Management 

6 and Budget and to the Secretary of the Treasury 

7 under paragraph (1) shall be made available to the 

8 public. 

9 (e) TERMINATION OF AUTHORITY TO ISSUE

10 STOCK.—No shares of capital stock of the Commission 

11 may be issued after the end of the 10-year period begin12 ning on the date of the enactment of this Act. 

13 (f) REVENUE USED TO RETIRE STOCK.—Any net 

14 revenue of the Commission in excess of amounts required 

15 to meet on-going expenses and investments shall be paid 

16 to the Secretary of the Treasury to redeem the capital 

17 stock of the Commission and shall be deposited in the gen18 eral fund of the Treasury. 

19 SEC. 103. OFFICERS, EMPLOYEES, AND OTHER AGENTS OF 

20 THE COMMISSION. 

21 (a) IN GENERAL.—The Commission may appoint 

22 such managers, assistant managers, officers, employees, 

23 attorneys, and agents, as are necessary for the transaction 

24 of its business, fix their compensation, provide benefits in25 cluding pension and health care, define their duties, reVerDate Nov 24 2008 04:56 May 14, 2009 Jkt 079200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H2269.IH H2269

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1 quire bonds of such of them as the Commission may des2 ignate, and provide a system of organization to fix respon3 sibility and promote efficiency. 

4 (b) STAFF.— 

5 (1) EXECUTIVE DIRECTOR.—The Commission 

6 shall have an executive director, and hire officers as 

7 required. The executive director shall be responsible 

8 for overall management of the Commission’s oper9 ations, and supervising planning matters including 

10 the preparation and amendment of the local project 

11 plans, and the assistance to local advisory councils 

12 in their completion of local plans. 

13 (2) CHIEF REGULATORY OFFICER.—The Com14 mission shall appoint a chief regulatory officer to su15 pervise the development of regional impact review 

16 process. The Commission shall also have a clerk 

17 whose duties shall include the keeping of the Com18 mission’s official records. 

19 (c) STAFF DUTIES.—The executive director and 

20 other officers shall— 

21 (1) coordinate project planning with the rel22 evant Federal, State, regional and municipal au23 thorities, laws and planning processes; 

24 (2) work with State and municipal governments 

25 and nonprofit leaders to develop guidelines and reguVerDate Nov 24 2008 04:56 May 14, 2009 Jkt 079200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H2269.IH H2269

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1 lations for districts of critical planning concern and 

2 regional funding priorities; 

3 (3) assist residents and local officials in form4 ing local advisory councils; 

5 (4) assist local advisory councils in developing 

6 proposals of priority projects which have not yet 

7 been funded by prior Federal assistance for the Gulf 

8 Coast Civic Works Projects; 

9 (5) evaluate the adequacy of the respective com10 ponent of each local recovery plan submitted to the 

11 Commission for certification; 

12 (6) monitor and publicly record the progress of 

13 each local advisory council in implementing the re14 spective component of its local plan; and 

15 (7) report to the Commission on the progress of 

16 each municipality in implementing the respective 

17 component of its local comprehensive plan. 

18 (d) REMOVAL.—Any appointee of the Commission 

19 may be removed in the discretion of the Commission. 

20 (e) CONTRACTS, SALARIES, AND WAGES.—No reg21 ular officer or employee of the Commission shall receive 

22 a salary in excess of that received by the members of the 

23 Commission, and— 

24 (1) all contracts to which the Commission is a 

25 party and which require the employment of laborers 


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1 and mechanics in the construction, alteration, main2 tenance, or repair of buildings, levees, or other 

3 projects shall contain a provision that not less than 

4 the prevailing rate of wages for work of a similar na5 ture prevailing in the vicinity shall be paid to such 

6 laborers or mechanics; 

7 (2) in the event any dispute arises as to what 

8 are the prevailing rates of wages, the question shall 

9 be referred to the Secretary of Labor for determina10 tion, and his decision shall be final. In the deter11 mination of such prevailing rate or rates, due regard 

12 shall be given to those rates which have been secured 

13 through collective agreement by representatives of 

14 employers and employees; 

15 (3) where such work as is described in the two 

16 preceding paragraphs is done directly by the Com17 mission the prevailing rate of wages shall be paid in 

18 the same manner as though such work had been let 

19 by contract; and 

20 (4) insofar as applicable, the workers com21 pensation laws of the United States shall extend to 

22 persons given employment under the provisions of 

23 this Act. 

24 (f) POLITICAL TESTS PROHIBITED IN EMPLOY25 MENT.— 


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1 (1) APPOINTMENT.—In the appointment of offi2 cials and the selection of employees for the Commis3 sion, and in the promotion of any such employees or 

4 officials, no political test or qualification shall be 

5 permitted or given consideration, but all such ap6 pointments and promotions shall be given and made 

7 on the basis of merit and efficiency. Any member of 

8 the Board who is found by the President of the 

9 United States to be guilty of a violation of this sec10 tion shall be removed from office by the President 

11 of the United States, and any appointee of the 

12 Board who is found by the Board to be guilty of a 

13 violation of this section shall be removed from office 

14 by the Board. 

15 (2) COMPENSATION.—In the selection of em16 ployees for works projects authorized by the Com17 mission, made by an official, employee, or other au18 thorized agent of the Commission, and in the deter19 mination of wages or salaries, no political test or 

20 qualification shall be permitted or given consider21 ation, but all such selection, hiring, appointments 

22 and promotions shall be given and made on the basis 

23 of merit and efficiency. 

24 (3) CONTRACTS.—In the authorization of con25 tracts or agreements made or entered into by an ofVerDate Nov 24 2008 04:56 May 14, 2009 Jkt 079200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H2269.IH H2269

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1 ficial, employee, or other authorized agent of the 

2 Commission, and in the determination or rates or 

3 terms of payment for such contracts and agree4 ments, no political test or qualification shall be per5 mitted or given consideration, but all such contracts 

6 and agreements shall be given and made on the 

7 basis of merit, efficiency, and fiscal responsibility. 

8 SEC. 104. POWERS OF THE COMMISSION. 

9 (a) In addition to the regulatory and planning powers 

10 contained in this Act, the Commission shall have those 

11 powers necessary convenient to carry out the purposes and 

12 provisions of this Act, including the following powers: 

13 (1) To sue and be sued, and complain and de14 fend, by and through its own attorneys, in any court 

15 of law or equity, State or Federal. 

16 (2) To make use of alternate dispute resolution 

17 mechanisms such as negotiation, mediation or arbi18 tration. 

19 (3) To prescribe bylaws that are consistent with 

20 law to provide for— 

21 (A) the management and operational struc22 ture of the Commission; 

23 (B) the manner in which general oper24 ations are to be conducted; and 


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1 (C) such other matters as the Commission 

2 determines to be appropriate. 

3 (4) To fix the compensation and number of, 

4 and appoint, employees for any position established 

5 by the Commission. 

6 (5) To apply for and receive Federal and pri7 vate grants and loans and to expend such funds with 

8 the approval of the Commission. 

9 (6) To conduct investigations necessary to en10 sure compliance with the provisions of the Act. 

11 (7) To negotiate and enter into Civic Works 

12 Project agreements as described in sections 106 and 

13 107. 

14 (8) To appoint hearing officers and, where it 

15 deems appropriate, to delegate to such hearing offi16 cers the responsibility to hold public hearings under 

17 this Act and to assemble and report the record for 

18 decision by the Commission or its designee and rec19 ommend decisions to the Commission or its designee; 

20 however, any applicant or party aggrieved, following 

21 a hearing by a hearing officer, shall have the right 

22 to a public hearing before the Commission in accord23 ance with the provisions of section 103 of this Act. 


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1 (9) To recommend to State and municipal 

2 agencies appropriate regulations for consistency with 

3 the regional policy plan. 

4 (10) To promulgate and amend rules and regu5 lations as appropriate to carry out its responsibilities 

6 under this Act. 

7 (11) To appoint advisory boards, councils, sub8 committees and panels as it deems appropriate to 

9 carry out its responsibilities under this Act. 

10 (12) To recommend public acquisition of speci11 fied land areas for preservation or recreational pur12 poses. 

13 (13) To make use of the services of Federal, 

14 State, county and local employees as may be avail15 able to the Commission to carry out its responsibil16 ities under this Act. 

17 (14) To coordinate its regulatory functions with 

18 local, State, and Federal authorities and, where pos19 sible and appropriate, to conduct joint hearings with 

20 those authorities. 

21 (15) To acquire funds and to manage such 

22 funds. 

23 (16) To produce an annual report which will be 

24 included in the annual Executive Office report. 


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1 (17) To reimburse Commission members for 

2 reasonable expenses incurred in connection with 

3 their service on the Commission consistent with De4 partment of Homeland Security administrative and 

5 budgetary procedures. 

6 (18) To conduct studies in collaboration with 

7 local governments, nonprofit organizations, industry 

8 organizations, and other State and Federal agencies 

9 in order to create regional comprehensive workforce, 

10 infrastructure, and environment analysis and devel11 opment plans. 

12 (19) To assist local governments and commu13 nity planning organizations in developing local com14 prehensive plans and, when requested, to assist local 

15 governments in carrying out their local planning and 

16 regulatory responsibilities. 

17 (20) To review and comment upon local com18 prehensive plans. 

19 (21) To conduct community outreach and pub20 lic education. 

21 (22) To conduct an annual public conference on 

22 workforce development, infrastructure development, 

23 and land use in the Gulf Coast and to invite to such 

24 conference any private, local, State, or Federal gov25 ernmental representatives it deems appropriate. 


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1 (23) To make grants to build the capacity of 

2 and support capital improvements for community 

3 colleges, vocational centers, nonprofit organizations, 

4 and other job-training facilities and programs serv5 ing the affected region. 

6 (24) To make grants and provide technical as7 sistance to municipalities for use in local planning 

8 activities. 

9 (25) To provide technical assistance, adminis10 trative support, and compliance training for small 

11 businesses and job-training programs serving the af12 fected region. 

13 (26) To establish a process and procedures for 

14 participating entities to hire employees, pay wages, 

15 and developing capital facilities and developments of 

16 regional impact which are necessary to ensure bal17 anced growth. 

18 (27) To purchase or lease and hold such real 

19 and personal property as it deems necessary or con20 venient in the transaction of its business, and may 

21 dispose of any such personal property held by it. 

22 (28) To fund the construction of new structures 

23 and facilities as necessary for the recovery of the 

24 Gulf Coast region. 


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1 (29) Coordinate national, State, district, county 

2 or municipal programs for the recovery and develop3 ment of the Gulf Coast region. 

4 (30) Formulate and periodically require reports 

5 of progress on all projects; and, where avoidable 

6 delay or malfeasance appears, to recommend appro7 priate measures for eliminating such problems, and, 

8 similarly, to recommend the termination of projects 

9 for cause. 

10 (31) Prescribe rules and regulations to— 

11 (A) assure that as many of the persons 

12 employed on all work projects as is feasible 

13 shall be persons residents affected or displaced 

14 by hurricanes Katrina or Rita; 

15 (B) utilize and support as many of those 

16 individuals, communities, community organiza17 tions, faith-based organizations, and businesses 

18 within the region as is feasible, including for 

19 the provision of child care to the children of 

20 working parents; 

21 (C) govern the selection of such partici22 pating business and organizations on an open23 bid basis; 

24 (D) ensure hiring, planning and implemen25 tation adequately involve and look to protect 


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1 the rights and interests of vulnerable popu2 lations, including women, low-income people, 

3 people of color, immigrants, the disabled, and 

4 the elderly; 

5 (E) develop, conduct, and administer train6 ing and assistance programs, in connection with 

7 any program under this title, including training 

8 and assistance programs for Federal wage re9 quirement compliance, in order that business 

10 enterprises with limited capacity may achieve 

11 proficiency to compete, on an equal basis, for 

12 contracts and subcontracts; 

13 (F) enter into contracts with private con14 tractors, companies, and other public and pri15 vate entities, in compliance with the hiring, bid16 ding, wage requirements of this Act, to com17 plete public projects; 

18 (G) formulate and administer a system of 

19 uniform periodic reports of the employment on 

20 such projects of persons, businesses, organiza21 tions, and communities from the region; and 

22 (H) investigate wages and working condi23 tions and to make and submit to Congress such 

24 findings as will aid Congress in prescribing 


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1 working conditions, rates of pay, and continu2 ance or development of projects. 

3 (32) To recommend and carry out useful 

4 projects designed to assure a maximum of employ5 ment and recovery in affected localities. 

6 (b) NOTICE OF HEARING.—Whenever the Commis7 sion is required to provide notice of a public hearing pur8 suant to the provisions of this Act, the Commission shall 

9 give notice by publication in a newspaper of general cir10 culation throughout the region once in each of two succes11 sive weeks, the first publication to be not less than four12 teen days before the day of the hearing. Notice shall also 

13 be posted in a conspicuous place in the Commission’s of14 fices not less than 14 days before the day of the hearing. 

15 Copies of all documents subject to notice and hearing shall 

16 be available for public inspection at the Commission’s of17 fice during normal business hours. 

18 (c) TERMINATION OF CONTRACT FOR CAUSE.—In 

19 the case of any service contract between the Commission 

20 and any other person, the Commission may terminate such 

21 contract for cause, whether by reason of breach of con22 tract, violation of regulations or guidelines of the Commis23 sion, or otherwise, or bar any such person from entering 

24 into any other contract, after notice and an opportunity 

25 for an agency hearing on the record. 


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1 (d) AGENCY AUTHORITY.— 

2 (1) STATUS.—The Commission in any capacity, 

3 shall be an agency of the United States for purposes 

4 of section 1345 of title 28, United States Code, 

5 without regard to whether the Commission com6 menced the action. 

7 (2) FEDERAL COURT JURISDICTION.— 

8 (A) IN GENERAL.—All suits of a civil na9 ture at common law or in equity to which the 

10 Commission, in any capacity, is a party shall be 

11 deemed to arise under the laws of the United 

12 States. 

13 (B) REMOVAL.—The Commission may, 

14 without bond or security, remove any action, 

15 suit, or proceeding from a State court to the 

16 appropriate United States district court before 

17 the end of the 90-day period beginning on the 

18 date the action, suit, or proceeding is filed 

19 against the Commission or the Commission is 

20 substituted as a party. 

21 (C) APPEAL OF REMAND.—The Commis22 sion may appeal any order of remand entered 

23 by any United States district court. 

24 (3) SERVICE OF PROCESS.—The Commission 

25 shall designate agents upon whom service of process 


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1 may be made in States comprising the Gulf Coast 

2 region and the District of Columbia. 

3 (4) BONDS OR FEES.—The Commission shall 

4 not be required to post any bond to pursue any ap5 peal and shall not be subject to payments of any fil6 ing fees in United States district courts or courts of 

7 appeal. 

8 (e) REAL ESTATE AND OTHER PROPERTY.—In order 

9 to enable the Commission to exercise the powers and du10 ties vested in it by this Act: 

11 (1) The exclusive use, possession, and control of 

12 necessary real estate, together with all facilities con13 nected therewith, and tools, machinery, equipment, 

14 accessories, and materials belonging thereto, and all 

15 laboratories and plants used as auxiliaries thereto; 

16 and all machinery, lands, and buildings in connec17 tion therewith, and all appurtenances thereof, and 

18 all other property to be acquired by the Commission 

19 in its own name or in the name of the United States 

20 of America, are hereby entrusted to the Commission 

21 for the purposes of the Act. 

22 (2) The President of the United States is au23 thorized to provide for the transfer to the Commis24 sion of the use, possession, and control of such other 

25 real or personal property of the United States, as he 


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1 may from time to time deem necessary and proper 

2 for the purposes of the Commission as herein stated. 

3 (f) FINANCIAL STATEMENTS AND REPORTS.— 

4 (1) The Commission shall at all times maintain 

5 complete and accurate accounting of all costs and 

6 expenses associated with the holding and manage7 ment of any asset or liability acquired by the Com8 mission and in carrying out the activities of the 

9 Commission under this Act. 

10 (2) The Board shall file with the President and 

11 with the Congress, in December of each year, a fi12 nancial statement and a complete report as to the 

13 business of the Commission covering the preceding 

14 governmental fiscal year. This report shall include a 

15 statement of all costs associated with the Commis16 sion and its associated projects, including an 

17 itemized statement of the cost of administration, the 

18 cost of employee salaries and wages, the cost of ma19 terials, and the total number or employees and the 

20 names, salaries, and duties of those receiving com21 pensation at the rate of more than $35/hour or 

22 $45,000 a year. 

23 (3) The rules of the Office of the Inspector 

24 General and the Comptroller General of the United 

25 States shall apply to the activities and accounts of 


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1 the Commission, including the regular oversight and 

2 audits of the Commission. In such connection, the 

3 Offices of the Inspector General and the Comptroller 

4 General, and their authorized agents, shall have free 

5 and open access to all papers, books, record, files, 

6 accounts, plants, warehouses, offices, and all other 

7 things, property and places belonging to or under 

8 the control of or used or employed by the Commis9 sion, and shall be afforded full facilities for counting 

10 all cash and verifying transactions with and balances 

11 in depositories. 

12 (g) RESERVATION OF RIGHTS AND REMEDIES.—The 

13 Government of the United States hereby reserved the 

14 right, in case of war or national emergency declared by 

15 Congress, to take possession of all or any part of the prop16 erty described or referred to in this Act for the purpose 

17 of national security, defense, or for any other purposes; 

18 but, if this right is exercised by the Government, it shall 

19 pay the reasonable and fair damages that may be suffered 

20 by any party whose contract is hereby violated, after the 

21 amount of the damages has been fixed by the United 

22 States Courts of Claims in proceedings instituted and con23 ducted for that purpose under rules prescribed by the 

24 court. 


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1 (h) RECOMMENDATIONS AND FURTHER LEGISLA2 TION.—The President shall, from time to time, as the 

3 work provided for in the preceding section progresses, rec4 ommend to Congress such legislation as he deems proper 

5 to carry out the general purposes stated in such section, 

6 and for the special purpose of bring about in the Gulf 

7 Coast region in conformity with the general purposes— 

8 (1) the physical reconstruction and improve9 ment of the devastated Gulf Coast region; 

10 (2) the improvement of levees and other flood 

11 control systems; 

12 (3) the economic and social well-being of the 

13 people living in the Gulf Coast Region; 

14 (4) the creation of jobs and job training pro15 grams; and 

16 (5) the economic development of the Gulf Coast 

17 region. 

18 (i) LOCAL DEVELOPMENT PLANS.— 

19 (1) ESTABLISHMENT OF LOCAL ADVISORY

20 COUNCILS.— 

21 (A) IN GENERAL.— 

22 (i) DESIGNATION BY MUNICIPALI23 TIES.—Not later than 30 days after the 

24 date of the adoption of a resolution of invi25 tation described in section 101(d)(2), any 


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1 municipality of over 25,000 people in the 

2 affected area may designate an entity to 

3 serve in an advisory capacity to the Com4 mission. 

5 (ii) OTHER MUNICIPALITIES.—For 

6 any municipality that does not designate 

7 an advisory entity under clause (i)— 

8 (I) in each municipality of over 

9 25,000 people in the Gulf Coast Re10 gion in which the Commission oper11 ates, the Commission shall provide for 

12 the establishment of a local advisory 

13 council; and 

14 (II) in each municipality under 

15 25,000 in the Gulf Coast Region in 

16 which the Commission operates, the 

17 Commission shall provide for the es18 tablishment of a local advisory council 

19 by combining, with the cooperation 

20 and consent of such municipalities, 

21 multiple municipalities that are, to the 

22 maximum extent practicable, located 

23 contiguously. 

24 (B) MEMBERSHIP.—Each local advisory 

25 council shall consist of such local elected offiVerDate Nov 24 2008 04:56 May 14, 2009 Jkt 079200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H2269.IH H2269

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1 cials (including municipal officials), community 

2 groups (such as homeowners and community 

3 associations), and other interested, qualified, 

4 groups as the Commission may determine to be 

5 appropriate. Each local advisory council shall 

6 have gender, age, ethnic and racial diversity re7 flective of the communities they represent, and 

8 shall have diverse experience and knowledge 

9 representative of the issues related to complete 

10 recovery including, but not limited to: coastal 

11 restoration, infrastructure, social services, and 

12 worker and immigrant rights. 

13 (C) CONSULTATION.—The Commission 

14 shall consult with each local advisory council to 

15 determine which Civic Works Projects to fund 

16 in each municipality. In addition to consultation 

17 with each local advisory council, the Commis18 sion shall consult with a broad range of local 

19 officials and community groups, including those 

20 that are not part of the local advisory council. 

21 The Commission shall hold public meetings, pe22 riodically and in advance of major decisions, in 

23 the affected municipality to receive input from 

24 the affected communities. 


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1 (D) LOCAL ADVISORY COUNCIL ASSESS2 MENTS.—Each local advisory council shall pro3 vide an assessment to the Commission which 

4 shall include the following: 

5 (i) Review of the state of recovery and 

6 needs in their area, including— 

7 (I) workforce development; 

8 (II) workforce housing; 

9 (III) employment; 

10 (IV) disaster mitigation; 

11 (V) infrastructure and public 

12 works, including roads, bridges, water 

13 systems, public transportation, 

14 schools, hospitals, childcare facilities, 

15 police and fire stations, training facili16 ties, and municipal, parish, county 

17 and State facilities; 

18 (VI) environmental restoration, 

19 including restoring wetlands, barrier 

20 islands, watersheds, fisheries, and for21 ests; energy efficiency; art, architec22 ture, and cultural needs; and 

23 (VII) accessibility of work related 

24 services like childcare, transit, and 

25 healthcare; 


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1 (ii) Identification of community assets 

2 such as interested governmental, nonprofit, 

3 faith-based and private partners includ4 ing— 

5 (I) workforce intermediaries; 

6 identifying workers; helping residents 

7 find work and relevant available train8 ing opportunities; and identifying ex9 isting businesses workforce needs; 

10 (II) training entities; and 

11 (III) local and small and dis12 advantaged businesses as possible sub13 contractors on recovery contracts; and 

14 (iii) A list of all known local, small or 

15 disadvantaged businesses interested in par16 ticipating in subcontracting opportunities 

17 related to recovery projects to be consid18 ered by prime contractors in Civic Works 

19 Projects selected under section 106. 

20 (E) PROJECT PROPOSALS.—Local advisory 

21 councils shall utilize consultation and assess22 ment to create Civic Works Projects consistent 

23 with the purposes of this Act. The creation of 

24 Civic Works Projects must include community 

25 input through public hearings in the community 


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1 with opportunity for notice and comment from 

2 the affected community. 

3 (F) CIVIC WORKS PROJECT PROPOSALS.— 

4 The Commission will review bids submitted by 

5 contractors for development projects within the 

6 local advisory council’s jurisdiction. Contracts 

7 with both subcontractors and prime contractors 

8 will be accepted or denied based on the sealed 

9 open bid process described in section 107, with 

10 priority given to local, small and disadvantaged 

11 businesses and businesses that employ local or 

12 displaced residents, women, minorities, immi13 grants, persons with disabilities, and that pro14 vide living wages for employees, and have poli15 cies for environmental protection and efficient 

16 use of energy. 

17 (G) LOCAL OVERSIGHT.—Local advisory 

18 councils shall communicate with subcontractors 

19 and prime contractors to insure that develop20 ment projects are being carried out consistent 

21 with local development plans, guidelines, and 

22 budgets. All contractors must adhere to require23 ments set forth by the local advisory councils 

24 and by the general guidelines set forth by the 

25 Commission. The Commission will make availVerDate Nov 24 2008 04:56 May 14, 2009 Jkt 079200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H2269.IH H2269

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1 able technical support to the local advisory 

2 councils to ensure oversight. 

3 (H) LOCAL COORDINATION.—Each local 

4 advisory council will coordinate existing commu5 nity resources including but not limited to 

6 Workforce Investment Boards, job training pro7 viders, faith-based organizations, and nonprofit 

8 organizations to carry out projects under this 

9 Act. Where resources or capacity to carry out 

10 projects is not available, the local advisory 

11 council may apply to the Commission for fund12 ing to create new programs, agencies, or serv13 ices. 

14 (I) PROJECT FUNDING.—After each local 

15 advisory council has completed consultation, as16 sessment and identified existing local resources 

17 as required by this Act, the local advisory coun18 cil may apply to the Commission for funding to 

19 carry out the proposed project. 

20 (2) LOCAL DEVELOPMENT PLANS.—In exe21 cuting the redevelopment mandate under this title, 

22 the Commission— 

23 (A) shall take into account and comply 

24 with any redevelopment plan established by 

25 State and local government officials; and 


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1 (B) may only solicit bids for such redevel2 opment that are based on and comply with a 

3 plan developed by local governments, if such a 

4 plan exists. 

5 SEC. 105. REGIONAL COORDINATION. 

6 (a) ESTABLISHMENT OF REGIONAL TASKFORCES.— 

7 The Commission shall establish regional taskforces as are 

8 necessary to carry out the purposes of this Act and ensure 

9 local projects provide for regionally coordinated workforce, 

10 infrastructure, and sustainable land development along 

11 the Gulf Coast. 

12 (b) PURPOSE OF TASKFORCES.—The purpose of a 

13 taskforce shall be to examine Civic Works Project funding 

14 and ensure local funding priorities help advance long term 

15 needs and planning of Federal, State, regional and non16 governmental bodies. 

17 (c) REGIONAL POLICY PLAN.—The Commission shall 

18 in consultation with local advisory councils, the regional 

19 taskforces and any other committee established prepare a 

20 regional policy plan for the region which shall be designed 

21 to present a coherent set of regional planning policies and 

22 objectives to guide development throughout said region 

23 and to protect the region’s communities, businesses, and 

24 resources, and which shall reflect and reinforce the goals 

25 and purposes set out in this Act. 


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1 (d) CONTENTS OF REGIONAL POLICY PLAN.—The 

2 regional policy plan shall include— 

3 (1) identification of the region’s critical re4 sources and management needs, including its nat5 ural, coastal, historical, recreational, cultural, archi6 tectural, aesthetic, public infrastructure, workforce, 

7 and economic resources, available open space, and 

8 available regions for industrial, agricultural, 

9 aquacultural and development activity; 

10 (2) a growth policy for the region including 

11 guidelines for the protection workers, businesses, 

12 and regional resources and the provision of capital 

13 facilities necessary to meet current and anticipated 

14 needs; 

15 (3) regional goals for the provision of fair, af16 fordable housing, job creation, waste disposal, open 

17 space, recreation, coastal resources, capital facilities, 

18 economic development, historic preservation, and any 

19 other goals deemed appropriate and important by 

20 the commission; and 

21 (4) a policy for coordinating regional and local 

22 planning efforts, including coordinating planning ac23 tivities of private parties and local, State, or Federal 

24 governmental authorities. 


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1 SEC. 106. SEALED OPEN PROPOSAL PROCESS. 

2 (a) SELECTION OF CIVIC WORKS PROJECTS

3 THROUGH COMPETITIVE SEALED PROPOSALS.— 

4 (1) All Civic Works Projects shall be awarded 

5 by competitive sealed proposal except as otherwise 

6 provided. 

7 (2) An invitation for proposals shall be issued 

8 and shall include a project description, goals, lists of 

9 prospective project governmental, nonprofit and pri10 vate partners and roles and all contractual terms 

11 and conditions applicable to the Civic Works 

12 Projects. 

13 (3) Adequate public notice of the invitation for 

14 proposals shall be given at least fourteen days prior 

15 to the date set forth therein for the opening of pro16 posals, pursuant to rules. Such notice may include 

17 publication by electronic on-line access or in a news18 paper of general circulation at least fourteen days 

19 prior to bid opening. 

20 (4) Proposals shall be opened publicly in the 

21 presence of one or more witnesses at the time and 

22 place designated in the invitation for proposals. The 

23 relevant information as may be specified by rules, 

24 together with the name of each proposing entity, 

25 shall be entered on a record, and the record shall be 

26 open to public inspection. After the time of the 


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1 award, all proposals and proposal documents shall 

2 be open to public inspection. 

3 (5) Proposals shall be unconditionally accepted. 

4 Proposals shall be evaluated based on the require5 ments set forth in the invitation for proposals, which 

6 may include criteria to determine acceptability, such 

7 as inspection, testing, quality, workmanship, deliv8 ery, and suitability for a particular purpose. Those 

9 criteria that will affect the costs and be considered 

10 in the evaluation for award shall be objectively meas11 urable, such as discounts, transportation costs, and 

12 total or life-cycle costs. 

13 (6) Withdrawal of inadvertently erroneous bids 

14 before the award may be permitted pursuant to rules 

15 if the bidder submits proof of evidentiary value 

16 which clearly and convincingly demonstrates that an 

17 error was made. Except as otherwise provided by 

18 rules, all decisions to permit the withdrawal of bids 

19 based on such bid mistakes shall be supported by a 

20 written determination made by the responsible offi21 cer. 

22 (7) The agreement shall be awarded with rea23 sonable promptness by written notice to the pro24 posing entities whose proposals best meet the reVerDate Nov 24 2008 04:56 May 14, 2009 Jkt 079200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H2269.IH H2269

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1 quirements and criteria set forth in the invitation for 

2 proposals. 

3 (b) SOLICITATION OF PROPOSALS BY ELECTRONIC

4 ON-LINE ACCESS.—The Commission may invite proposals 

5 using electronic on-line access, including the internet, for 

6 purposes of acquiring contracts for public projects on be7 half of the Commission or a Local Advisory Council. 

8 (c) CANCELLATION OF INVITATIONS FOR PRO9 POSALS.—An invitation for bids or any other solicitation 

10 may be cancelled or any or all proposals may be rejected 

11 in whole or in part as may be specified in the solicitation 

12 when it is in the best interests of the Commission. The 

13 reasons for any cancellation or rejection shall be made 

14 part of the contract file. 

15 (d) RESPONSIBILITY OF PROPOSING ENTITY AND

16 OFFERORS.— 

17 (1) A written determination of nonresponsibility 

18 of a proposing entity or offeror shall be made pursu19 ant to rules. The unreasonable failure of a proposing 

20 entity or offeror to promptly supply information in 

21 connection with an inquiry with respect to responsi22 bility may be grounds for a determination of non23 responsibility with respect to such proposing entity 

24 or offeror. 


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1 (2) Information furnished by a proposing entity 

2 or offeror pursuant to this section shall not be dis3 closed without prior written consent by the bidder or 

4 offeror. 

5 (e) RULES AND REGULATIONS.—The Commission 

6 shall promulgate rules and regulations which are designed 

7 to implement the provisions of this section. The rules shall 

8 include provisions requiring the Commission or Local Ad9 visory Council to keep certain public project records, even 

10 if duplicative, in accordance with generally accepted cost 

11 accounting principles and standards. 

12 (f) FINALITY OF DETERMINATIONS.—The deter13 minations required are final and conclusive unless they are 

14 clearly erroneous, arbitrary, capricious, or contrary to law. 

15 (g) REPORTING OF ANTICOMPETITIVE PRACTICES.— 

16 When for any reason collusion or other anticompetitive 

17 practices are suspected among any proposing entity or 

18 offerors, a notice of the relevant facts shall be transmitted 

19 to the Attorney General of the United States or other ap20 propriate authority. 

21 (h) PROHIBITION OF DIVIDING WORK OF PUBLIC

22 PROJECT.—It is unlawful for any person to divide a work 

23 of a public project into two or more separate projects for 

24 the sole purpose of evading or attempting to evade the 

25 requirements of this article. 


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1 SEC. 107. SEALED OPEN BID PROCESS. 

2 (a) CONTRACTING OF CIVIC WORKS PROJECTS

3 THROUGH COMPETITIVE SEALED BIDDING.—The fol4 lowing are requirements for the contracting of Civic Works 

5 Projects selected under section 106: 

6 (1) All contracts for Civic Works Projects shall 

7 be awarded by competitive sealed bidding except as 

8 otherwise provided. 

9 (2) An invitation for bids shall be issued and 

10 shall include a project description and all contractual 

11 terms and conditions applicable to the project. 

12 (3) Adequate public notice of the invitation for 

13 bids shall be given at least 14 days prior to the date 

14 set forth therein for the opening of bids, pursuant 

15 to rules prescribed by the Commission. Such notice 

16 may include publication by electronic on-line access 

17 or in a newspaper of general circulation at least 

18 fourteen days prior to bid opening. 

19 (4) Bids shall be opened publicly in the pres20 ence of one or more witnesses at the time and place 

21 designated in the invitation for bids. The amount of 

22 each bid and such other relevant information as may 

23 be specified by rules, together with the name of each 

24 bidder, shall be entered on a record, and the record 

25 shall be open to public inspection. After the time of 

26 the award, all bids and bid documents shall be open 


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•HR 2269 IH

1 to public inspection in accordance with the provi2 sions of title 5 of the United States Code, section 

3 552. 

4 (5) Bids shall be unconditionally accepted. Bids 

5 shall be evaluated based on the requirements set 

6 forth in the invitation for bids, which may include 

7 criteria to determine acceptability, such as inspec8 tion, testing, quality, workmanship, delivery, and 

9 suitability for a particular purpose. Those criteria 

10 that will affect the bid price and be considered in 

11 the evaluation for award shall be objectively measur12 able, such as LEED certification, wages and bene13 fits to employees or subcontractors, percentage of 

14 women, and minorities hired, number of residents 

15 and displaced residents hired, discounts, transpor16 tation costs, and total or life-cycle costs. 

17 (6) Withdrawal of inadvertently erroneous bids 

18 before the award may be permitted pursuant to rules 

19 if the bidder submits proof of evidentiary value 

20 which clearly and convincingly demonstrates that an 

21 error was made. Except as otherwise provided by 

22 rules, all decisions to permit the withdrawal of bids 

23 based on such bid mistakes shall be supported by a 

24 written determination made by the responsible offi25 cer. 


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1 (7) The contract shall be awarded with reason2 able promptness by written notice to the low respon3 sible bidder whose bid meets the requirements and 

4 criteria set forth in the invitation for bids. In the 

5 event that all bids for a construction project exceed 

6 available funds, as certified by the appropriate fiscal 

7 officer, the responsible officer is authorized, in situa8 tions where time or economic considerations preclude 

9 re-solicitation of work of a reduced scope, to nego10 tiate an adjustment of the bid price with the low re11 sponsible bidder in order to bring the bid within the 

12 amount of available funds; except that the functional 

13 specifications integral to completion of the project 

14 may not be reduced in scope, taking into account the 

15 project plan, design, and specifications and quality 

16 of materials. 

17 (b) EXCEPTIONS.—The requirements described in 

18 subsection (a) shall not apply to: 

19 (1) A Civic Works Project for which the agency 

20 of government receives no bids or for which all bids 

21 have been rejected. 

22 (2) A situation for which the Commission deter23 mines it is beneficial to the public good for the Com24 mission to act as the prime contractor and admin25 ister the specific Civic Works Project. 


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1 (3) A situation for which the Commission deter2 mines it is necessary to make emergency procure3 ments or contracts because there exists a threat to 

4 public health, welfare, or safety under emergency 

5 conditions, but such emergency procurements or 

6 contracts shall be made with such competition as is 

7 practicable under the circumstances. A written de8 termination of the basis for the emergency and for 

9 the selection of the particular contractor shall be in10 cluded in the contract file. 

11 (4) Nothing in this article shall be construed to 

12 affect or limit any additional requirements imposed 

13 upon the Commission for awarding contracts for 

14 Civic Works Projects. 

15 (c) SOLICITATION OF BIDS BY ELECTRONIC ON-LINE

16 ACCESS.—The Commission may invite bids using elec17 tronic on-line access, including the internet, for purposes 

18 of acquiring contracts for public projects on behalf of the 

19 Commission or a Local Advisory Council. 

20 (d) CANCELLATION OF INVITATIONS FOR BIDS.—An 

21 invitation for bids or any other solicitation may be can22 celled or any or all bids or proposals may be rejected in 

23 whole or in part as may be specified in the solicitation 

24 when it is in the best interests of the Commission. The 


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1 reasons for any cancellation or rejection shall be made 

2 part of the contract file. 

3 (e) RESPONSIBILITY OF BIDDERS AND OFFERORS.— 

4 (1) A written determination of nonresponsibility 

5 of a bidder or offeror shall be made pursuant to 

6 rules. The unreasonable failure of a bidder or offeror 

7 to promptly supply information in connection with 

8 an inquiry with respect to responsibility may be 

9 grounds for a determination of nonresponsibility 

10 with respect to such bidder or offeror. 

11 (2) Information furnished by a bidder or offeror 

12 pursuant to this section shall not be disclosed with13 out prior written consent by the bidder or offeror. 

14 (f) PREQUALIFICATION OF CONTRACTORS.—Prospec15 tive contractors may be prequalified for particular types 

16 of construction, and the method of compiling a list of and 

17 soliciting from such potential contractors shall be pursu18 ant to rules to be promulgated by the Commission. 

19 (g) TYPES OF CONTRACTS.—Subject to the limita20 tions of this section, any type of contract which will pro21 mote the best interests of the agency of government may 

22 be used; except that the use of a cost-plus-a-percentage23 of-cost contract is prohibited. A cost-reimbursement con24 tract may be used only when a determination is made in 

25 writing that such contract is likely to be less costly to the 


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1 agency of government than any other type of contract or 

2 that it is impracticable to obtain the construction required 

3 unless the cost-reimbursement contract is used. 

4 (h) COMMISSION TO SUBMIT COST ESTIMATE.— 

5 (1) Whenever the Commission or Local Advi6 sory Council proposes to undertake the construction 

7 of a public project reasonably expected to cost less 

8 than fifty thousand dollars ($50,000) by any means 

9 or method other than by a contract awarded by com10 petitive bid, it shall prepare and submit a cost esti11 mate in the same manner as other bidders; except 

12 that, for projects under the supervision of Commis13 sion or Local Advisory Councils undertaken by such 

14 means or method, the Commission or Local Advisory 

15 Council shall prepare a cost estimate. The Commis16 sion or Local Advisory Council itself may not under17 take the proposed project unless it shows the lowest 

18 cost estimate. 

19 (2) In preparing such cost estimate, the Com20 mission or Local Advisory Council shall preserve a 

21 full, true, and accurate record of the cost of such 

22 project. Such records shall be kept and maintained 

23 by the responsible officer on behalf of the Commis24 sion or Local Advisory Council. To the extent the 

25 Commission or Local Advisory Council contracts 


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1 with any other Federal, State, or local government 

2 agency in connection with a public project, such 

3 other agency shall provide all necessary data or in4 formation to enable the Commission or Local Advi5 sory Council to document a full, true, and accurate 

6 record of the cost of such project, which data or in7 formation shall be kept in an orderly manner by the 

8 Commission or Local Advisory Council for a period 

9 of at least six years after completion of the project. 

10 All such records shall be considered public records 

11 and shall be made available for public inspection. 

12 (3) The Commission or Local Advisory Councils 

13 shall not be required to be bonded when performing 

14 the work on a public project. 

15 (i) RULES AND REGULATIONS.—The Commission 

16 shall promulgate rules and regulations which are designed 

17 to implement the provisions of this section and section 

18 108. The rules shall include provisions requiring the Com19 mission or Local Advisory Council to keep certain public 

20 project records, even if duplicative, in accordance with 

21 generally accepted cost accounting principles and stand22 ards. 

23 (j) FINALITY OF DETERMINATIONS.—The determina24 tions required are final and conclusive unless they are 

25 clearly erroneous, arbitrary, capricious, or contrary to law. 


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1 (k) REPORTING OF ANTICOMPETITIVE PRACTICES.— 

2 When for any reason collusion or other anticompetitive 

3 practices are suspected among any bidders or offerors, a 

4 notice of the relevant facts shall be transmitted to the At5 torney General of the United States or other appropriate 

6 authority. 

7 (l) PROHIBITION OF DIVIDING WORK OF PUBLIC

8 PROJECT.—It is unlawful for any person to divide a work 

9 of a public project into two or more separate projects for 

10 the sole purpose of evading or attempting to evade the 

11 requirements of this article. 

12 SEC. 108. ENVIRONMENTAL PROTECTION. 

13 (a) DESIGNATION OF CERTAIN AREAS.—The Com14 mission may propose the designation of certain areas 

15 which are of critical value to the region as districts of crit16 ical planning concern that must be preserved and main17 tained due to one or more of the following factors: 

18 (1) the presence of significant natural, coastal, 

19 scientific, cultural, architectural, archaeological, his20 toric, economic or recreational resources or values of 

21 regional, statewide or national significance; 

22 (2) the presence of substantial areas of sen23 sitive ecological conditions which render the area un24 suitable for development; or 


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1 (3) the presence or proposed establishment of a 

2 major capital public facility or area of public invest3 ment. 

4 (b) STANDARDS AND CRITERIA.—The Commission 

5 may propose standards and criteria specifying the types 

6 of development which are likely to present development 

7 issues significant to more than one municipality in the 

8 Gulf Coast region. 

9 TITLE II—THE GULF COAST 

10 CIVIC WORKS PROJECT 

11 SEC. 201. PURPOSES. 

12 The purposes of this title shall be— 

13 (1) to create a minimum of 100,000 jobs for 

14 Gulf Coast residents and evacuees; 

15 (2) to increase employment in the Gulf Coast 

16 region; and 

17 (3) to build a skilled workforce for rebuilding 

18 and developing the lands, communities, and infra19 structure impacted by hurricanes and flooding in the 

20 Gulf Coast region. 

21 SEC. 202. ESTABLISHMENT; CONTRACT AUTHORITY. 

22 (a) ESTABLISHMENT.—The Commission shall estab23 lish and administer a Gulf Coast Civic Works Project to 

24 implement, manage, and coordinate numerous public 

25 works projects for the purposes described in section 201. 


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1 (b) CONTRACT AUTHORITY.—The Gulf Coast Civic 

2 Works Project is authorized to enter into such contracts 

3 or agreements with States as may be necessary, including 

4 provisions for utilization of existing State administrative 

5 agencies, and may acquire real property by purchase, do6 nation, condemnation, or otherwise. 

7 SEC. 203. GENERAL ACTIVITIES. 

8 The Commission shall carry out the Gulf Coast Civic 

9 Works Project established under section 202, which shall 

10 include the following activities: 

11 (1) Identifying areas of the Gulf Coast region 

12 that are in need of recovery, rebuilding, and develop13 ment projects. 

14 (2) Cooperating with the local Gulf Coast com15 munity once a Civic Works Project request has been 

16 received and approved by the Commission, to ensure 

17 that Gulf Coast residents and evacuees will be hired 

18 by local employers or directly by the Commission to 

19 complete the work. 

20 (3) Working in conjunction with local employers 

21 on Civic Works Projects and other recovery, rebuild22 ing, and development projects, identify where a 

23 shortage of workers who are Gulf Coast residents 

24 and evacuees exists, and identify the type of workers 


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1 necessary for such projects to be more effective and 

2 efficient. 

3 (4) Identifying such projects for which there is 

4 a shortage of qualified workers who are Gulf Coast 

5 residents or evacuee and, in conjunction with State 

6 and local workforce investment boards, establish ad7 ditional job training programs where necessary, in8 cluding areas where there is a concentration of Gulf 

9 Coast evacuees. 

10 (5) Working in conjunction with other Federal, 

11 State and local agencies, the private sector and 

12 membership based community groups to actively re13 cruit Gulf Coast residents and evacuees to rebuild 

14 the Gulf Coast region through Civic Works Projects 

15 and other recovery, rebuilding, and development 

16 projects. 

17 (6) Assisting Gulf Coast residents and evacuees 

18 employed or trained through the Commission to gain 

19 access and information to housing programs. 

20 SEC. 204. JOB-TRAINING PARTNERSHIPS. 

21 (a) JOB-TRAINING PROGRAMS.— 

22 (1) IN GENERAL.—From the amounts appro23 priated under section, the Commission shall, in con24 junction with State and local workforce investment 

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1 nizations, schools, and other existing workforce de2 velopment organizations, support job-training pro3 grams in effect at the date of the enactment of this 

4 Act or establish job-training programs and appren5 ticeships in order to recruit and train qualified work6 ers for specific job vacancies in approved Civic 

7 Works Projects and other recovery, rebuilding, and 

8 development projects. 

9 (2) PRIORITY.—The Commission shall work 

10 with the entities identified in paragraph (1) to set 

11 up local hiring halls through which Gulf Coast resi12 dents, including women and disadvantaged workers, 

13 shall have priority in getting admission into the job14 training programs described in paragraph (1) and 

15 access to child care, if necessary. Such sums so de16 ducted shall remain available until expended. 

17 (b) CAPACITY-BUILDING PARTNERSHIPS.— 

18 (1) IN GENERAL.—The Commission may work 

19 in partnership with the entities identified in sub20 section (a)(1) and other public and private nonprofit 

21 organizations in order to assist such entities or orga22 nizations in carrying out workforce development or 

23 job-training programs by— 

24 (A) providing technical assistance nec25 essary and capacity-building support; and 


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1 (B) awarding grants in accordance with 

2 paragraph (2) to expand the entity’s or organi3 zation’s capacity to carry out workforce devel4 opment or job-training programs, or to create 

5 new job-training or workforce development ini6 tiatives designated for the purposes of this Act. 

7 (2) AUTHORITY TO ASSIST PUBLIC OR PRIVATE

8 NONPROFIT ORGANIZATIONS.— 

9 (A) IN GENERAL.—The Commission may 

10 make grants to the entities identified in sub11 section (a)(1) and other public and private non12 profit organizations seeking to work in partner13 ship with the Commission that— 

14 (i) have experience with job-training 

15 or workforce development; 

16 (ii) have been in effect at least 1 year 

17 prior to submitting an application for a 

18 grant under this subsection; and 

19 (iii) meet such other criteria as the 

20 Commission may establish. 

21 (B) USE OF FUNDS.—An entity or organi22 zation receiving a grant under this subsection 

23 may use such grant funds to make subgrants or 

24 enter into contracts with other organizations to 

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1 opment or job-training programs as described 

2 in subsection (a), or apprenticeship programs 

3 which meets the requirements described in sec4 tion 205 or provide technical assistance and 

5 training to Gulf Coast residents and evacuees. 

6 (3) APPLICATION FOR PARTNERSHIP.— 

7 (A) Organizations seeking to work in part8 nership with the Commission shall submit an 

9 application to the Commission, or to such agen10 cy as designated by the Commission, outlining 

11 the details of— 

12 (i) Civic Works Projects or other re13 covery, rebuilding, and development 

14 project; 

15 (ii) the need for partnership; and 

16 (iii) the need for and intended use of 

17 grants or other funds awarded under this 

18 title. 

19 (B) The Commission shall set forth appli20 cation guidelines and procedure for organiza21 tions seeking to work in partnership with the 

22 Commission. 

23 SEC. 205. APPRENTICESHIP PROGRAMS. 

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1 ployer and the Commission for a Civic Works Project or 

2 other recovery, rebuilding, and development project shall 

3 contain the following related to apprenticeship programs: 

4 (1) A contract for a project described in this 

5 section for which the contract price exceeds 

6 $250,000 shall contain a provision stating that the 

7 contractor or subcontractor must be approved as a 

8 training agent by the Commission, if a program of 

9 apprenticeship and training for the apprenticeable 

10 occupations used by the contractor or subcontractor 

11 exists in the State or local community where the 

12 project is being implemented. 

13 (2) A provision stating that at least 20 percent 

14 of the total hours worked on a project described in 

15 this section by workers in apprenticeable occupations 

16 shall be performed by apprentices participating in 

17 programs of apprenticeship and training. The work18 ers may be employed by the contractor or any sub19 contractor on the works project. 

20 (b) EXCEPTIONS.—Upon application by an con21 tractor, subcontractor, or employer, the Commission may 

22 grant an exception to any or all of the requirements de23 scribed in subsection (a) in any situation where the Com24 mission concludes that compliance with such requirement 


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1 would not be possible as the project could not be completed 

2 by workers in apprenticeable occupations. 

3 SEC. 206. JOB CREATION. 

4 (a) EMPLOYMENT.—After identifying Civic Works 

5 Projects and other recovery, rebuilding, and development 

6 projects in the Gulf Coast region the Commission shall 

7 work in conjunction with local employers and the heads 

8 of other Federal agencies on such projects to recruit and 

9 hire additional workers from the Gulf Coast region. In the 

10 event that contractors or other employers have a need for 

11 but do not have sufficient funding for additional workers, 

12 the Commission may to hire for such projects and, from 

13 the amounts appropriated under section 211, pay the 

14 wages of additional workers to work on such projects. 

15 (b) PROJECT CREATION.—After identifying areas of 

16 the Gulf Coast region that are in need of recovery, rebuild17 ing, and development projects where no such projects 

18 exist, the Commission may, subject to available funds, es19 tablish and fund such projects. In establishing any project 

20 under this subsection, the Commission shall hire all nec21 essary developers, contractors, and employees to carry out 

22 such projects. 

23 SEC. 207. FIRST SOURCE HIRING AND OUTREACH. 

24 (a) FIRST SOURCE HIRING REQUIREMENTS.— 


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1 (1) IN GENERAL.—Subject to paragraph (2), 

2 any contractor or other employer receiving funds 

3 under this Act, including any subcontractor or other 

4 entity in a subcontract with any such contractor or 

5 employer, shall comply with first source hiring re6 quirements, which shall include— 

7 (A) giving priority to Gulf Coast residents 

8 and evacuees when interviewing, recruiting, or 

9 hiring for any Civic Works Project or other re10 covery, rebuilding, and development project 

11 by— 

12 (i) unless business necessity requires a 

13 shorter period of time, leaving open a posi14 tion for not less than 25 days to give such 

15 residents and such evacuees an opportunity 

16 to interview for such position; or 

17 (ii) filling its first available positions 

18 with such residents and such evacuees; and 

19 (B) providing timely, appropriate notifica20 tion of available positions to the Commission so 

21 that the Commission may train and refer an 

22 adequate pool of Gulf Coast residents and evac23 uees to contractors or other employers. 

24 (2) EXCEPTION.—Upon application by a con25 tractor or other employer, the Commission may 


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1 grant an exception to any of all of the requirements 

2 in any situation where it concludes that compliance 

3 with this subsection would not be possible in the 

4 timeframe provided. 

5 (b) OUTREACH PARTNERSHIPS.— 

6 (1) IN GENERAL.—The Commission shall work 

7 with the heads of Federal agencies, as well as State 

8 and local employment offices to conduct outreach to 

9 Gulf Coast residents and evacuees regarding employ10 ment in the Gulf Coast region, including which con11 tractors and other employers are required to comply 

12 with first source hiring requirements. The Commis13 sion shall also contract with community groups, 

14 faith groups, and nonprofit organizations with con15 nections to local communities in the Gulf Coast re16 gion to— 

17 (A) conduct outreach to Gulf Coast resi18 dents and evacuees; 

19 (B) work with contractors and other em20 ployers to identify interested candidates outside 

21 of the Gulf Coast region who wish to work in 

22 the region and enter job-training programs, if 

23 necessary, to work in the region; and 

24 (C) set up local hiring halls described in 

25 subsection (c). 


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1 (2) LIMITED-ENGLISH PROFICIENCY COMMU2 NITIES.—The outreach conducted by the Commis3 sion under paragraph (1) shall include outreach to 

4 limited-English proficiency communities through 

5 multilingual meetings, translated flyers, outreach to 

6 ethnic medias, and other outlets. The Commission 

7 shall work with organizations servicing limited8 English proficiency communities to set up first 

9 source hiring hall as described in subsection (c) and 

10 to assist contractor and other employers in the Gulf 

11 Coast region in recruiting and hiring limited-English 

12 proficiency workers. 

13 (c) LOCAL HIRING HALLS.—The Commission shall 

14 also contract with community groups, faith groups, and 

15 nonprofit organizations, as well as the entities identified 

16 in section 204(a)(1), with connections to local commu17 nities in the Gulf Coast region to set-up a central location 

18 or multiple locations (which may be referred to as ‘‘local 

19 hiring halls’’) in each community of the Gulf Coast region 

20 where— 

21 (1) contractors and other employers receiving 

22 funding under this Act may recruit, interview, or 

23 hire Gulf Coast residents or evacuees for any Civic 

24 Works Project or other recovery, rebuilding, and de25 velopment project; and 


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1 (2) Gulf Coast residents or evacuees may be 

2 provided access to child care while seeking employ3 ment or working. 

4 SEC. 208. WAGES. 

5 (a) JOB TRAINING AND APPRENTICESHIP WAGES.— 

6 (1) JOB TRAINING WAGES.—Job training pro7 grams established or funded under this Act shall en8 sure that trainees are paid in an amount of not less 

9 than $10 per hour. 

10 (2) APPRENTICESHIP WAGES.—Apprenticeship 

11 programs established or funded under this Act shall 

12 ensure that apprentices are paid not less than $15 

13 per hour. 

14 (3) ADJUSTMENT FOR INFLATION.—Beginning 

15 1 year after the date of the enactment of this Act 

16 and each year thereafter, the minimum wages speci17 fied in paragraphs (1) and (2) shall be adjusted by 

18 the percentage increase during the 12-month period 

19 ending the preceding June in the Consumer Price 

20 Index for All Urban Consumers published by the 

21 Bureau of Labor and Statistics of the Department 

22 of Labor. 

23 (b) EMPLOYEE WAGES.—The Commission shall en24 sure that all laborers and mechanics employed by the 

25 Commission or by contractors or subcontractors in the 


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1 performance of construction or recovery projects will be 

2 paid wages at rates not less than those prevailing on simi3 lar work in the locality as determined by the Secretary 

4 of Labor in accordance with subchapter IV of chapter 31 

5 of part A of subtitle II of title 40, United States Code 

6 (commonly referred to as the ‘‘Davis-Bacon Act’’). 

7 SEC. 209. OTHER PROJECTS. 

8 (a) INFRASTRUCTURE AND PUBLIC WORKS DEVEL9 OPMENT.—In addition to the other activities described in 

10 this title, the Commission shall establish or coordinate in11 frastructure projects in accordance with local and regional 

12 comprehensive plans. 

13 (b) ENVIRONMENTAL RESTORATION.—In addition to 

14 the other activities described in this title, the Commission 

15 shall establish or coordinate environmental restoration 

16 projects. 

17 (c) CIVIC CONSERVATION CORPS.—In addition to the 

18 other activities described in this title, the Commission 

19 shall establish a conservation corps composed of individ20 uals between the age of 17 and 24, focus on wetland res21 toration, forestation, and urban greenery. 

22 (d) ENERGY EFFICIENCY AND CONSERVATION.—In 

23 addition to the other activities described in this title, the 

24 Commission shall establish or coordinate projects to estab25 lish or coordinate projects— 


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1 (1) to reduce greenhouse gas emissions created 

2 as a result of activities within the jurisdictions of eli3 gible entities in a manner that— 

4 (A) is environmentally sustainable; and 

5 (B) to the maximum extent practicable, 

6 maximizes benefits for local and regional com7 munities; 

8 (2) to reduce the total energy use of the eligible 

9 entities; and 

10 (3) to improve energy efficiency in— 

11 (A) the transportation sector; 

12 (B) the building sector; and 

13 (C) other appropriate sectors. 

14 (e) WORKFORCE HOUSING.—In addition to the other 

15 activities described in this title, the Commission shall es16 tablish or coordinate housing improvement projects to as17 sist workers in finding affordable housing. 

18 (f) SUPPLEMENTAL SERVICES.—In addition to the 

19 other activities described in this title, the Commission 

20 shall establish or coordinate existing social service re21 sources, including childcare and transportation services, as 

22 are necessary to ensure employment, training, and 

23 projects under this Act are carried out effectively and effi24 ciently. 


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1 (g) YOUTH WORKS PROGRAM.—In addition to other 

2 activities described in this title, the Commission shall es3 tablish or coordinate existing resource for a Youth Em4 ployment Program, particularly for disadvantaged, at risk, 

5 and out-of-school youth between the ages of 12–19 years 

6 old, to provide summer and after school employment or 

7 skills training opportunities. 

8 (h) ARTS, CULTURE, HISTORICAL RESTORATION AND

9 HERITAGE.—In addition to the other activities described 

10 in this title, the Commission is authorized to provide 

11 grants for projects that reflect, promote, or maintain the 

12 architectural, artistic and cultural heritage of the affected 

13 region, including the chronicling of stories surrounding the 

14 2005 and 2008 Hurricanes. 

15 (i) GULF COAST ARTISTS GRANTS.— 

16 (1) IN GENERAL.—The Commission may pro17 vide not more than 15 grants per year to eligible re18 cipients for artistic and cultural projects which re19 flect, document, or preserve the history and culture 

20 of the Gulf Coast region. Grants shall be provided 

21 on the basis of the demonstrated merit of the appli22 cant as determined by the Commission. 

23 (2) ELIGIBLE RECIPIENTS.—To be eligible to 

24 receive a grant under paragraph (1), an individual 

25 shall— 


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1 (A) be a resident of the Gulf Coast region; 

2 and 

3 (B) have demonstrated skill or talent in 

4 music, theater, writing, or the visual arts. 

5 (3) AMOUNT OF GRANT.—The amount of the 

6 grants provided under this subsection shall be deter7 mined by the Commission. 

8 (4) APPLICATION.—To receive a grant under 

9 this subsection, an eligible recipient shall submit an 

10 application to the Commission in such form and 

11 manner as the Commission shall determine. 

12 (5) USE OF GRANT FUNDS.—A grant provided 

13 under this subsection shall be used on an artistic 

14 project that— 

15 (A) showcases the history or culture of the 

16 Gulf Coast region; or 

17 (B) has as its subject the effects of Hurri18 canes Katrina or Rita. 

19 (j) CHRONICLE OF HURRICANES KATRINA AND RITA

20 GRANTS.— 

21 (1) AUTHORIZATION.—The Commission may to 

22 provide not more than 5 grants to an eligible recipi23 ent for projects that chronicle the story of Hurri24 canes Katrina and Rita. Grants shall be provided on 


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1 the basis of the demonstrated merit of the applicant 

2 as determined by the Commission. 

3 (2) ELIGIBLE RECIPIENTS.—To be eligible to 

4 receive a grant under paragraph (1), an individual 

5 shall— 

6 (A) be a resident of the Gulf Coast region; 

7 and 

8 (B) have demonstrated skill or talent as a 

9 writer or film maker. 

10 (3) AMOUNT OF GRANT.—The amount of the 

11 grants provided under this section shall be deter12 mined by the Commission. 

13 (4) APPLICATION.—To receive a grant under 

14 this section, an eligible recipient shall submit an ap15 plication to the Commission in such form and man16 ner as the Commission shall determine. 

17 (5) USE OF GRANT FUNDS.—A grant provided 

18 under this section shall be used on a project that 

19 chronicles, through the written word or through film, 

20 the story of Hurricanes Katrina and Rita from the 

21 perspective of survivors and evacuees. 

22 SEC. 210. GENERAL PROVISIONS AND GUIDELINES. 

23 In conducting works projects under this title, the 

24 Commission shall adhere to the following rules and guide25 lines: 


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1 (1) All public works projects shall be conducted 

2 in, and be for the benefit of, the lands of the Gulf 

3 Coast region, and the individuals, families, commu4 nities, and businesses of the Gulf Coast region. 

5 (2) The Gulf Coast Civic Works Project shall 

6 employ a minimum of 100,000 Gulf Coast region 

7 residents and evacuees for all works programs and 

8 other related job opportunities. 

9 (3) The Gulf Coast Civic Works Project shall 

10 make job opportunities, job training programs, and 

11 other beneficial projects known to the Gulf Coast 

12 communities through advertising and partnerships 

13 with regional agencies and employment organiza14 tions, and partnerships with community based orga15 nizations. 

16 (4) Whenever possible, the Gulf Coast Civic 

17 Works Project shall purchase materials, equipment, 

18 supplies, and services from local business and pro19 ducers. 

20 (5) The Gulf Coast Civic Works Project shall 

21 maintain nondiscriminatory practices and shall not 

22 discriminate in hiring or employment decisions on 

23 the basis of race, gender, nationality, ethnicity, reli24 gion, or sexual orientation. 


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1 (6) No employee or trainee of the Gulf Coast 

2 Civic Works Project shall have financial interest in 

3 any public Commission engaged in business with the 

4 Gulf Coast Civic Works Project, nor in any Commis5 sion engaged in the manufacture, selling, or distribu6 tion of goods or materials used in construction 

7 projects authorized by the Commission, nor shall any 

8 employee or trainee have any interest in a any busi9 ness that may be adversely affected by the success 

10 of the Commission. 

11 (7) Employees and trainees of the Gulf Coast 

12 Civic Works Project shall not be considered Federal 

13 employees for any purpose under the laws of the 

14 United States. 

15 SEC. 211. AUTHORIZATION OF APPROPRIATIONS. 

16 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated to the Commission such 

18 sums as may be necessary for fiscal years 2010 through 

19 2014 to carry out this Act. 

20 (b) PARTNERSHIPS.—The Commission shall make 

21 every effort to partner with State and local governments 

22 and private industry in the funding and administration of 

23 projects under this title. 

Æ 


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