109th CONGRESS
2d Session
H. R. 6181
To amend the National and Community Service Act of 1990 to establish
a National Infrastructure Corps to address the Nation's infrastructure needs
and provide employment opportunities for unemployed individuals.
IN THE HOUSE OF REPRESENTATIVES
September 26, 2006
Mr. CLAY (for himself and Mr. OWENS) introduced the following bill; which
was referred to the Committee on Education and the Workforce
A BILL
To amend the National and Community Service Act of 1990 to establish
a National Infrastructure Corps to address the Nation's infrastructure needs
and provide employment opportunities for unemployed individuals.
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 `National Infrastructure Corps Act of 2006'.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States is suffering a worsening crisis in public infrastructure,
including a lack or insufficiency of railroad, mass transportation, power,
water control, river navigation, port, oil refining, and hospital infrastructure
facilities.
(2) The `infrastructure report card' issued by the American Society of
Civil Engineers estimates the need for $1,700,000,000,000 in investments
to repair and replace obsolescent and broken-down infrastructure facilities
in the United States.
(3) The Nation's infrastructure crisis became dramatically apparent after
the breakdown of water control, transportation, and power infrastructure
facilities in the Gulf States following Hurricanes Katrina and Rita.
(4) Each $1,000,000,000 of Federal funding invested in infrastructure
facilities creates approximately 50,000 jobs and $6,000,000,000 in economic
activity.
(5) The United States continues to suffer high rates of unemployment in
urban and rural areas, especially among males in their twenties, and individuals
and households continue to experience decreases in wages and real income.
(6) Regional, State, and local infrastructure rebuilding projects require
a great deal of semi-skilled and labor-intensive employment.
(7) These projects include the necessary repair and rebuilding of large
numbers of the Nation's `upstream' dams, which could provide employment
to 100,000 individuals, and the replacement of the 10 obsolete locks and
dams on the Ohio River Mainstem system, which would generate approximately
20,000 jobs over a multi-year period.
(8) The Urban Youth Corps administered by the Departments of Housing and
Urban Development and Transportation, the National Civilian Community
Corps, and other volunteer programs of the Corporation for National and
Community Service have greatly contributed to public works and disaster
response projects.
(9) The authority of the Corporation for National and Community Service
should be expanded to provide employment opportunities and reverse trends
in urban unemployment through the establishment of a National Infrastructure
Corps modeled after the Community Conservation Corps created at the outset
of the Great Depression.
SEC. 3. ESTABLISHMENT OF NATIONAL INFRASTRUCTURE CORPS.
(a) In General- Title I of the National and Community Service Act of 1990
(42 U.S.C. 12501 et seq.) is amended by adding at the end the following:
`Subtitle J--National Infrastructure Corps
`SEC. 199AA. DEFINITIONS.
`In this subtitle, the following definitions apply:
`(1) CORPS- The term `Corps' means the National Infrastructure Corps established
by section 199BB.
`(2) ELIGIBLE PROJECT- The term `eligible project' means a project for
the construction or repair of an economic infrastructure facility in the
United States, including a power, rail, transport, port, inland navigation,
water management, drinking water, energy, or hospital facility.
`(3) ELIGIBLE INDIVIDUAL- The term `eligible individual' means an individual
who is--
`(A) unemployed or employed on a part-time basis due to economic reasons,
as defined by the Secretary of Labor;
`(B) between the ages of 18 and 40; and
`(C) a citizen of, or an alien lawfully admitted for permanent residence
to, the United States.
`(4) QUALIFIED INFRASTRUCTURE CORPS- The term `qualified infrastructure
corps' means a program established by a State or local government or by
a nonprofit organization to carry out eligible projects and provide employment
to eligible individuals.
`SEC. 199BB. ESTABLISHMENT.
`There is established a National Infrastructure Corps, to be administered
by the Corporation.
`SEC. 199CC. PURPOSES.
`The purposes of the Corps shall be--
`(1) to address the economic infrastructure needs of the Nation through
the performance of eligible projects; and
`(2) to address high rates of unemployment in urban and rural areas by
providing employment opportunities to eligible individuals.
`SEC. 199DD. PARTICIPATION IN THE CORPS.
`(a) Participants- The Corps shall be composed of not more than 40,000 eligible
individuals recruited by the Corporation.
`(b) Training- The Corporation may provide employment training for individuals
participating in the Corps. The Corporation may provide such training by
entering into agreements with building trades unions and labor councils
that regularly provide 4-week and 6-week training classes in construction
and the building trades.
`(1) IN GENERAL- The Corporation may provide housing for individuals participating
in the Corps.
`(2) CORPS HOUSING- The Corporation shall provide such housing in a manner
in which individuals participating in the Corps reside with other Corps
participants.
`(d) Period of Participation- An individual may participate in the Corps
for a period of not more than 1 year.
`SEC. 199EE. PROJECTS TO BE CARRIED OUT BY THE CORPS.
`(a) Selection of Projects-
`(1) IN GENERAL- The Corporation shall select eligible projects to be
carried out by the Corps and shall provide financial assistance for such
projects using amounts appropriated to carry out this subtitle.
`(2) PARTICIPATION OF ARMY CORPS OF ENGINEERS- The Corporation shall select
eligible projects under paragraph (1) in cooperation with the Secretary
of the Army, acting through the Chief of Engineers.
`(3) PROJECT PROPOSALS- The Corporation shall select eligible projects
under this subsection based on proposals submitted to the Corporation
by Federal, State, and local entities. The head of a Federal, State, or
local entity shall submit such a proposal at the time and in the manner
as the Corporation requires.
`(4) DISASTER RELIEF ACTIVITIES- In selecting eligible projects under
this subsection, the Corporation shall give priority to projects to repair
vital infrastructure facilities damaged by natural disasters and emergencies,
including projects to address damages resulting from Hurricanes Katrina
and Rita.
`(b) Performance of Projects-
`(1) COOPERATION WITH THE ARMY CORPS OF ENGINEERS- The Corporation may
enter into contracts and cooperative agreements under which the Corps
shall perform eligible projects in coordination with the Secretary of
the Army, acting through the Chief of Engineers.
`(2) COOPERATION WITH OTHER FEDERAL AGENCIES-
`(A) CONTRACTS AND COOPERATIVE AGREEMENTS- The Corporation may enter
into contracts and cooperative agreements under which the Corps shall
perform eligible projects in coordination with the heads of other Federal
entities, including--
`(i) the Urban Youth Corps, administered by the Secretary of Housing
and Urban Development;
`(ii) the Urban Youth Corps, administered by the Secretary of Transportation;
`(iii) the National Resource Conservation Service of the Department
of Agriculture; and
`(iv) the National Civilian Community Corps.
`(B) REPAIR AND REBUILDING OF UPSTREAM STRUCTURES- The Corporation shall
seek to enter into a contract or cooperative agreement under this paragraph
with the Chief of the National Resource Conservation Service for the
rebuilding and repair of upstream structures across the Nation.
`(3) USE OF QUALIFIED INFRASTRUCTURE CORPS-
`(A) CONTRACTS AND COOPERATIVE AGREEMENTS- The Corporation may enter
into contracts and cooperative agreements with any qualified infrastructure
corps to perform eligible projects.
`(B) GRANTS- The Corporation may make grants to States (and through
States to local governments) for the purpose of establishing, operating,
and supporting a qualified infrastructure corps that will perform eligible
projects.
`(C) APPLICABILITY OF MATCHING REQUIREMENTS- The matching funds requirement
of section 121(e) shall apply to financial assistance provided under
this paragraph.
`(c) Coordination of Activities- The Corporation shall coordinate the activities
of the Corps with other national service activities carried out under this
title.
`SEC. 199FF. WAGES.
`(a) In General- All individuals participating in the Corps or in a qualified
infrastructure corps performing work for the construction, alteration, or
repair, including painting and decorating, of projects, buildings, and works
funded using amounts appropriated to carry out this subtitle shall be paid
wages at not less than the prevailing wages on similar construction in the
locality as determined by the Secretary of Labor in accordance with sections
3141-3144, 3146, and 3147 of title 40, United States Code.
`(b) Authority- With respect to the determination of wages under paragraph
(1), the Secretary of Labor shall have the authority and functions set forth
in Reorganization Plan No. 14 of 1950 (64 Stat. 1267) and section 3145 of
title 40, United States Code.
`SEC. 199GG. NON-FEDERAL STATUS.
`(a) In General- Except as otherwise provided in this section, individuals
participating in the Corps shall not, by reason of their status as such
participants, be considered Federal employees and shall not be subject to
the provisions of law relating to Federal employees.
`(b) Work-Related Injuries-
`(1) IN GENERAL- For purposes of subchapter I of chapter 81 of title 5,
United States Code, relating to the compensation of Federal employees
for work injuries, individuals participating in the Corps shall be considered
as employees of the United States within the meaning of the term `employee',
as defined in section 8101 of such title.
`(2) SPECIAL RULE- In the application of the provisions of subchapter
I of chapter 81 of title 5, United States Code, to an individual referred
to in paragraph (1), the individual shall not be considered to be in the
performance of duty while absent from the individual's assigned post of
duty unless the absence is authorized in accordance with procedures prescribed
by the Director of the Corporation.
`(c) Tort Claims Procedure- An individual participating in the Corps shall
be considered an employee of the United States for purposes of chapter 171
of title 28, United States Code, relating to tort claims liability and procedure.
`SEC. 199HH. AUTHORIZATION OF APPROPRIATIONS.
`There is authorized to be appropriated to carry out this subtitle $900,000,000
for each of fiscal years 2007 through 2010.'.
(b) Table of Contents- The table of contents contained in section 1(b) of
the National and Community Service Act of 1990 is amended by adding at the
end of the items relating to title I the following:
`Subtitle J--National Infrastructure Corps
`Sec. 199AA. Definitions.
`Sec. 199BB. Establishment.
`Sec. 199DD. Participation in the Corps.
`Sec. 199EE. Projects to be carried out by the Corps.
`Sec. 199GG. Non-Federal status.
`Sec. 199HH. Authorization of appropriations.'.
SEC. 4. CONFORMING AMENDMENT.
Section 122(a) of the National and Community Service Act of 1990 (42 U.S.C.
12572(a)) is amended--
(1) by redesignating paragraph (15) as paragraph (16); and
(2) by inserting after paragraph (14) the following:
`(15) An economic infrastructure construction program such as the National
Infrastructure Corps established under section 199BB or a qualified infrastructure
corps as defined in section 199AA.'.
END
