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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2952 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 2952

To establish funds to rapidly create new jobs in the private and public 
                                sector.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 26, 2010

  Mr. Franken introduced the following bill; which was read twice and 
    referred to the Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL

 
To establish funds to rapidly create new jobs in the private and public 
                                sector.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Strengthening Our Economy Through 
Employment and Development Act''.

SEC. 2. USE OF UNEXPENDED AND REPAID FUNDS OF THE TROUBLED ASSET RELIEF 
              PROGRAM.

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

SEC. 3. PRIVATE SECTOR WAGE SUBSIDY FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund, to be known as the ``Private Sector Wage Subsidy 
Fund'' (referred to in this section as the ``Fund''), consisting of 
$5,000,000,000 made available to the Fund under section 2, to enable 
small- and medium-sized businesses and nonprofit organizations to hire 
eligible workers who will receive wage subsidies pursuant to this 
section.
    (b) Allocation to Local Areas and Administration.--
            (1) In general.--The Secretary of Labor shall allocate to 
        each local area, to carry out this section, an amount that 
        bears the same relationship to the funds made available under 
        this section for a fiscal year, as the sum of the amounts 
        received under paragraph (2)(A) or (3) of section 133(b) of the 
        Workforce Investment Act of 1998 (29 U.S.C. 2863(b)) and under 
        paragraph (2)(B) of that section by the local area for that 
        fiscal year bears to the total of such sums received by all 
        local areas for that fiscal year.
            (2) Local area.--In this section, the term ``local area'' 
        has the meaning given the term in section 101 of the Workforce 
        Investment Act of 1998 (29 U.S.C. 2801).
            (3) Administration by local areas.--
                    (A) In general.--Each local area that receives an 
                amount under this section shall provide allocations to 
                businesses and nonprofit organizations in the same 
                manner as the local area provides allocations for on-
                the-job training subsidies under the Workforce 
                Investment Act of 1998 (29 U.S.C. 2801 et seq.), to the 
                extent consistent with this section.
                    (B) Allocations to employers.--Each local area that 
                receives an amount under this section shall provide 
                allocations to businesses and nonprofit organizations 
                through twice-monthly or monthly subsidy checks for the 
                first 9 months. The allocation for months 10, 11, and 
                12 shall be withheld until the end of the 15th month, 
                at which point the business or nonprofit organization 
                shall verify that the eligible worker is still on the 
                payroll and shall then receive a lump-sum reimbursement 
                for months 10, 11, and 12.
                    (C) Flexibility.--A local area that receives an 
                amount under this section may offer customized or 
                variant subsidy arrangements with businesses and 
                nonprofit organizations if 30 percent of the allocated 
                funds have not been obligated by the local area within 
                6 months.
    (c) Availability of Funds.--Allocation of amounts from the Fund to 
businesses and nonprofit organizations shall be--
            (1) made available not later than 90 days after the date of 
        enactment of this Act; and
            (2) administered on a first-come, first-serve basis to 
        incentivize rapid job creation.
    (d) Eligibility.--A business or nonprofit organization is eligible 
to receive an allocation from the Fund for wage subsidies if such 
business or organization employs fewer than 500 individuals.
    (e) Wage Subsidy.--
            (1) In general.--Wage subsidies allocated under this 
        section to businesses and nonprofit organizations to hire 
        eligible workers shall be consistent with the following:
                    (A) 1-year period.--A wage subsidy shall be 
                provided for a 1-year period.
                    (B) Amount.--
                            (i) In general.--Except as provided in 
                        clauses (ii) and (iii), a wage subsidy shall 
                        be--
                                    (I) 50 percent of total wages; or
                                    (II) $12 per hour,
                                whichever amount is less.
                            (ii) Iraq and afghanistan veterans.--Except 
                        as provided in clause (iii), in the case of an 
                        individual who is a veteran of military service 
                        in Iraq or Afghanistan after September 11, 
                        2001, a wage subsidy shall be--
                                    (I) 60 percent of total wages; or
                                    (II) $14.40 per hour,
                                whichever amount is less.
                            (iii) Additional amount for employers that 
                        offer health insurance.--Notwithstanding the 
                        subsidy maximum amounts provided under clauses 
                        (i) and (ii), a business or nonprofit 
                        organization that receives an allocation from 
                        the Fund for wage subsidies under this section 
                        and contributes to the cost of health insurance 
                        coverage for its employees shall receive an 
                        additional $1 per hour for each eligible worker 
                        hired pursuant to this section to help defray 
                        the cost of contributing to such coverage.
                    (C) Job wage minimum.--Except as provided in 
                subparagraph (D), a job for which a wage subsidy is 
                allocated under this section shall--
                            (i) pay not less than $10 per hour; or
                            (ii) start at $9 per hour with a 
                        certification from the business or nonprofit 
                        organization that the wage will be increased to 
                        not less than $10 per hour by the end of the 
                        subsidy period.
                    (D) Minimum wage requirement.--If the locality in 
                which a job for which a wage subsidy is allocated under 
                this section is located has a minimum wage requirement 
                that is more than $10 per hour, then such job shall pay 
                not less than such minimum wage requirement.
            (2) Certification by employer.--A business or nonprofit 
        organization that receives an allocation from the Fund for wage 
        subsidies under this section shall provide to the local area a 
        certification that includes each of the following:
                    (A) The business or organization will hire the 
                employees hired under the wage subsidy program for 
                newly created positions not for vacancies in already 
                existing positions.
                    (B) The business or organization will retain the 
                employees hired under the wage subsidy program for not 
                less than 15 months.
                    (C) The business or organization will not displace 
                existing workers, or reduce the hours of existing 
                workers, with the employees hired under the wage 
                subsidy program.
                    (D) The business or organization will offer 
                comparable wages and the same benefits to subsidized 
                workers as comparable, existing workers.
                    (E) The business or organization will hire the 
                worker for a minimum of 30 hours per week.
                    (F) If the business or nonprofit organization 
                employs individuals represented by a labor 
                organization, the business or nonprofit organization 
                will obtain sign-off by the labor organization in 
                coordination with the existing collective bargaining 
                agreement.
            (3) Failure to comply with certification.--The Secretary of 
        Labor shall promulgate regulations regarding waivers of a 
        business or nonprofit organization's obligation to retain an 
        employee hired under the wage subsidy program for not less than 
        15 months.
            (4) Eligible workers.--
                    (A) In general.--A business or nonprofit 
                organization that receives an allocation from the Fund 
                for wage subsidies under this section shall hire only 
                eligible workers to receive such wage subsidies.
                    (B) Eligible workers defined.--In this section, the 
                term ``eligible worker'' means an individual who--
                            (i) has exhausted the individual's State-
                        funded unemployment insurance benefits (as 
                        verified by the State or local department of 
                        labor or similar entity); or
                            (ii) has been unemployed for not less than 
                        6 months.
    (f) Administrative Costs.--Of the funds allocated to each local 
area under this section, not more than 10 percent may be used by the 
local areas for costs and expenses for administration, marketing, job 
placement, and program support services.

SEC. 4. PUBLIC SECTOR ENERGY EFFICIENCY PROMOTION FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund, to be known as the ``Public Sector Energy 
Efficiency Promotion Fund'' (referred to in this section as the 
``Fund''), consisting of such amounts as are made available to the Fund 
under section 2.
    (b) Grants.--
            (1) In general.--On request by the Secretary of Energy 
        (referred to in this section as the ``Secretary''), the 
        Secretary of the Treasury shall transfer from the Fund to the 
        Secretary such amounts as the Secretary determines are 
        necessary to distribute grants to States to provide funds to 
        retrofit public buildings to increase energy efficiency.
            (2) Reservation for indian tribes.--The Secretary shall 
        reserve 1 percent of amounts transferred under paragraph (1) to 
        award grants to Indian tribes to carry out activities described 
        in this section.
    (c) Allocation to States.--Grants made available under this section 
shall be allocated to States in accordance with section 543(c) of the 
Energy Security and Independence Act of 2007 (42 U.S.C. 17153(c)).
    (d) Distribution to Political Subdivisions.--A State that receives 
a grant under this section--
            (1) may retain not more than 30 percent of the amount of 
        the grant; and
            (2) shall distribute the remainder of the grant to 
        political subdivisions of the State through an application 
        process.
    (e) Unobligated Funds.--Any grant amounts not obligated by the date 
that is 1 year after the date of the receipt of the grant by the State 
or Indian tribe shall be--
            (1) returned to the Treasury of the United States; and
            (2) transferred to the Private Sector Wage Subsidy Fund 
        established under section 3.
    (f) Use of Funds.--
            (1) In general.--Subject to paragraphs (2) and (3), funds 
        made available under this section may be used only--
                    (A) to retrofit public housing for increased energy 
                efficiency;
                    (B) to retrofit public buildings, libraries, and 
                schools for increased energy efficiency;
                    (C) to retrofit vacant or foreclosed homes for 
                increased energy efficiency; or
                    (D) if there are not sufficient projects to carry 
                out energy efficiency retrofits described in 
                subparagraphs (A) through (C), to restore and refurbish 
                public buildings.
            (2) Priority.--In using funds made available under this 
        section, a State, political subdivision of a State, or Indian 
        tribe shall give priority to projects that were identified by 
        the State or Indian tribe before the date of enactment of this 
        Act.
            (3) Energy efficiency.--
                    (A) In general.--The Secretary of Energy, in 
                coordination with the Secretary of Housing and Urban 
                Development, shall create standards for measurement and 
                verification of energy efficiency in residential 
                buildings, commercial buildings, and federally funded 
                housing facilities.
                    (B) Administration.--In creating the standards 
                described in subparagraph (A), the Secretary of Energy 
                shall include the following--
                            (i) the 2009 International Energy 
                        Conservation Code (IECC) or equivalent for 
                        residential buildings or the ASHRAE 90.1-2007 
                        standard or equivalent for commercial 
                        buildings;
                            (ii) a maximum window U-factor of .30 and a 
                        maximum solar heat gain factor of .30 for both 
                        residential and commercial buildings;
                            (iii) certification of building energy and 
                        environment auditors, inspectors, and raters by 
                        the Residential Energy Services Network or an 
                        equivalent certification system, as determined 
                        by the Secretary;
                            (iv) certification or licensing of building 
                        energy and environmental retrofit contractors 
                        by the Building Performance Institute or an 
                        equivalent certification or licensing system, 
                        as determined by the Secretary;
                            (v) use of equipment and procedures of the 
                        Building Performance Institute, the Residential 
                        Energy Services Network, or other appropriate 
                        equipment and procedures (such as infrared 
                        photography and pressurized testing and tests 
                        for water use and indoor air quality), as 
                        determined by the Secretary, to test the energy 
                        and environmental efficiency of buildings 
                        effectively;
                            (vi) determination of energy savings in a 
                        performance-based building retrofit program 
                        through--
                                    (I) in the case of residential 
                                buildings, comparison of before and 
                                after retrofit scores on the Home 
                                Energy Rating System Index, if the 
                                final score is produced by an objective 
                                third party, or compliance with 2009 
                                IECC, as well as a maximum window U-
                                factor of .30 and a maximum solar heat 
                                gain factor of .30;
                                    (II) in the case of commercial 
                                buildings, benchmarks set by the 
                                Environmental Protection Agency, or 
                                compliance with the ASHRAE 90.1 2007 
                                standard or equivalent, as well as a 
                                maximum window U-factor of .30 and a 
                                maximum solar heat gain factor of .30; 
                                and
                                    (III) in the case of residential 
                                and commercial buildings, use of a 
                                program that is approved by the 
                                Administrator of the Environmental 
                                Protection Agency and subject to 
                                appropriate software standards and 
                                verification of at least 15 percent of 
                                all work completed;
                            (vii) suggested guidelines for using--
                                    (I) the Energy Star portfolio 
                                manager;
                                    (II) the Home Energy Rating System 
                                rating system;
                                    (III) home performance improvements 
                                approved under the Energy Star program; 
                                and
                                    (IV) any other tools associated 
                                with applicable retrofit programs; and
                            (viii) requirements, energy building codes, 
                        standards, or guidelines for renovation and 
                        postretrofit inspection and confirmation of 
                        work and energy savings.
    (g) Competitive Bidding.--Any project carried out under this 
section that requires an outside contractor shall be subject to a 
competitive bidding process.
    (h) Davis-Bacon Compliance.--
            (1) In general.--All laborers and mechanics employed on 
        projects funded directly by or assisted in whole or in part by 
        this section, under any contractor or subcontractor, shall be 
        paid wages at rates not less than those prevailing on projects 
        of a character similar in the locality as determined by the 
        Secretary of Labor in accordance with subchapter IV of chapter 
        31 of title 40, United States Code.
            (2) Authority.--With respect to the labor standards 
        specified in this subsection, the Secretary of Labor shall have 
        the authority and functions set forth in Reorganization Plan 
        Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 
        3145 of title 40, United States Code.
    (i) Administrative Costs.--Of the funds made available to carry out 
this section, not more than--
            (1) 1 percent may be used by the Secretary of Energy for 
        administrative costs; and
            (2) 4 percent of funds may be used by States and Indian 
        tribes that receive grants under this section for 
        administrative costs.

SEC. 5. EVALUATION.

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

SEC. 6. SUNSET.

    (a) In General.--The Private Sector Wage Subsidy Fund established 
under section 3, the Public Sector Energy Efficiency Promotion Fund 
established under section 4, and the authorization of amounts made 
available to carry out such Funds shall terminate on the date that is 2 
years after the date of enactment of this Act.
    (b) Amounts Returned to Treasury.--Any amounts that are in the 
Funds described in subsection (a) on the date of termination described 
in subsection (a) shall be returned to the Treasury of the United 
States.
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