,,ii #aafth ,,congress #ast ,session ,s4 #bfgb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #bc1 #bjai,mr4 ,hawley 7for himself and ,mrs4 ,blackburn7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to require that the headquarters of certain ,federal agencies and permanent duty stations of employees of certain ,federal agencies be relocated in order to provide an opportunity to build needed infrastructure in certain areas and to share the benefits of ,federal employment with economically distressed regions4 #a4 ,short title ,this ,act may be cited as the ,helping ,infrastructure ,restore the ,economy ,act or the ,,hire ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,infrastructure is vital to the economy4 7#b7 ,many areas in the ,united ,states have fallen into economic distress4 7#c7 ,the benefits of ,federal employment should be shared widely and should not be concentrated in the ,washington metropolitan area4 7#d7 ,moving the headquarters of ,federal agencies and the covered permanent duty stations of employees of ,federal agencies out of the ,washington metropolitan area and to economically distressed regions would provide an opportunity to-- 7,a7 build infrastructure in areas of the ,united ,states that need the infrastructure2 and 7,b7 share employment and other financial benefits of ,federal employment with individuals who live in economically distressed regions4 7#e7 ,indiana1 ,kentucky1 ,michigan1 ,missouri1 ,new ,mexico1 ,ohio1 ,pennsylvania1 ,south ,carolina1 ,tennessee1 and ,west ,virginia are among the ,states with regions that have experienced substantial economic distress during the past #aj years4 #c4 ,definitions ,in this ,act3 7#a7 #bjbj census ,the term #bjbj census means the #bjbj decennial census of population carried out by the ,secretary of ,commerce under section #ada of title #ac1 ,united ,states ,code4 7#b7 ,administrator ,the term ,administrator means the ,administrator of ,general ,services4 7#c7 ,cabinet agency ,the term ,cabinet agency means-- 7,a7 the ,department of ,agriculture2 7,b7 the ,department of ,commerce2 7,c7 the ,department of ,education2 7,d7 the ,department of ,energy2 7,e7 the ,department of ,health and ,human ,services2 7,f7 the ,department of ,housing and ,urban ,development2 7,g7 the ,department of the ,interior2 7,h7 the ,department of ,labor2 7,i7 the ,department of ,transportation2 and 7,j7 the ,department of ,veterans ,affairs4 7#d7 ,covered agency ,the term covered agency means-- 7,a7 a ,cabinet agency2 or 7,b7 a non-,cabinet agency4 7#e7 ,covered permanent duty station ,the term covered permanent duty station means1 with respect to employees of a covered agency1 the permanent duty station described in section #f7;a77#b74 7#f7 ,designated ,state ,the term designated ,state means-- 7,a7 with respect to the ,department of ,agriculture1 ,missouri2 7,b7 with respect to the ,department of ,commerce1 ,pennsylvania2 7,c7 with respect to the ,department of ,education1 ,tennessee2 7,d7 with respect to the ,department of ,energy1 ,kentucky2 7,e7 with respect to the ,department of ,health and ,human ,services1 ,indiana2 7,f7 with respect to the ,department of ,housing and ,urban ,development1 ,ohio2 7,g7 with respect to the ,department of the ,interior1 ,new ,mexico2 7,h7 with respect to the ,department of ,labor1 ,west ,virginia2 7,i7 with respect to the ,department of ,transportation1 ,michigan2 7,j7 with respect to the ,department of ,veterans ,affairs1 ,south ,carolina2 and 7,k7 with respect to a non-,cabinet agency1 a ,state that has a geographical or industrial nexus to one or more of the principal subjects regulated or studied by the non-,cabinet agency4 7#g7 ,director ,the term ,director means the ,director of the ,office of ,management and ,budget4 7#h7 ,executive agency ,the term ,executive agency has the meaning given the term in section #aje of title #e1 ,united ,states ,code4 7#i7 ,executive department ,the term ,executive department has the meaning given the term in section #aja of title #e1 ,united ,states ,code4 7#aj7 ,headquarters ,the term headquarters-- 7,a7 means the place or building serving as the managerial and administrative center of a covered agency2 and 7,b7 does not include an office that the head of a covered agency may maintain separately from a place or building in the ,washington metropolitan area4 7#aa7 ,location ,the term location means a geographic area not larger than #ajj square miles4 7#ab7 ,non-,cabinet agency ,the term non-,cabinet agency-- 7,a7 means each ,executive agency the headquarters of which is located in the ,washington metropolitan area2 and 7,b7 does not include-- 7i7 an ,executive department2 7ii7 an ,executive agency that is organized under-- 7,i7 the ,executive ,office of the ,president2 or 7,,ii7 an ,executive department2 7iii7 the ,smithsonian ,institution or any ,executive agency the primary purpose of which is to govern a museum1 exhibition1 or library1 preserve one or more buildings1 or produce performing arts2 or 7iv7 an ,executive agency the primary purpose of which is to-- 7,i7 gather intelligence2 7,,ii7 prosecute criminal offenses2 or 7,,iii7 protect national security4 7#ac7 ,relocation proposal ,the term relocation proposal means a proposal developed by the ,director and the ,administrator under section #d7;a77#a77;,a74 7#ad7 ,state ,the term ,state means a ,state of the ,united ,states4 7#ae7 ,washington metropolitan area ,the term ,washington metropolitan area has the meaning given the term ,national ,capital region in section #hgjb of title #dj1 ,united ,states ,code4 #d4 ,studies and relocation proposals 7a7 ,in general ,not later than #b years after the date on which the ,secretary of ,commerce completes the #bjbj census1 the ,director and the ,administrator shall-- 7#a7 with respect to each covered agency1 carry out a study to-- 7,a7 develop a proposal of #c locations in the designated ,state for the covered agency to which the headquarters of the covered agency and the covered permanent duty station of employees of the covered agency could be relocated2 and 7,b7 determine whether the covered agency should be abolished or merged with another ,executive agency1 rather than being relocated2 and 7#b7 submit each study carried out under paragraph 7#a7 to-- 7,a7 ,congress2 and 7,b7 the designated ,state to which the relocation proposal included in the study pertains4 7b7 ,criteria 7#a7 ,priority criteria ,in selecting the locations to be included in a relocation proposal1 the ,director and the ,administrator shall select locations-- 7,a7 that1 during the #aj-year period ending on the date on which the ,director and the ,administrator submit the relocation proposal under subsection 7a77#b71 have experienced economic distress1 which may be demonstrated by1 in comparison to locations in other ,states and locations within the designated ,state-- 7i7 a low rate of education2 7ii7 a low rate of workforce participation2 7iii7 a low median income2 7iv7 a high rate of poverty2 and 7v7 a high rate of housing vacancy1 excluding housing properties that are primarily used for seasonal or recreational use2 and 7,b7 that1 with respect to the #aj-year period ending on the date on which the ,director and the ,administrator submit the relocation proposal under subsection 7a77#b71 have an average unemployment rate that is above the average unemployment rate of the ,united ,states1 as determined by the ,secretary of ,labor1 during that period4 7#b7 ,secondary criteria ,in selecting the locations to be included in a relocation proposal1 the ,director and the ,administrator may1 as secondary criteria1 consider-- 7,a7 the state of infrastructure in or near a location2 7,b7 the ability to expand infrastructure in or near a location2 and 7,c7 the supply of labor in or near a location4 7#c7 ,limitation ,in selecting the locations to be included in a relocation proposal1 the ,director and the ,administrator may not select any location that is within #cj miles of a city that has a population of more than #hjj1jjj individuals1 as determined by the ,secretary of ,commerce under the #bjbj census4 7#d7 ,specificity ,in selecting the locations to be included in a relocation proposal1 the ,director and the ,administrator shall minimize the geographic size of each location selected to the maximum extent that is reasonably possible4 #e4 ,selection 7a7 ,designated ,state officials selecting relocation locations ,unless the covered agency to which a relocation proposal pertains is abolished1 not later than #a year after the date on which the ,director and the ,administrator submit the relocation proposal to the designated ,state to which the relocation proposal pertains under section #d7;a77#b71 the designated ,state may1 from the proposed locations included in the relocation proposal and by enacting a law of the designated ,state stating that a location has been so selected1 select #a location to which the headquarters of the covered agency and the covered permanent duty station of employees of the covered agency shall be relocated under section #f7;a74 7b7 ,failure by1 or inability of1 designated ,state officials ,to select and approve relocation locations ,if a designated ,state to which a relocation proposal is submitted fails to select a location1 or1 under ,federal or ,state law1 is unable to select a location1 from the relocation proposal under subsection 7a7 by the deadline described in that subsection1 the ,director and the ,administrator shall1 from the locations included in the relocation proposal1 select the location to which the headquarters of the covered agency and the covered permanent duty station of employees of the covered agency shall be relocated under section #f7;a74 #f4 ,relocation 7a7 ,requirements ,as soon as reasonably possible after a location is selected under section #e1 but in no event later than #aj years thereafter1 the ,director1 the ,administrator1 and the head of the covered agency to which the selection pertains shall relocate to the selected location-- 7#a7 the headquarters of the covered agency2 and 7#b7 the permanent duty station for not less than #ij percent of the positions as an officer or employee of the covered agency for which the permanent duty station is located in the ,washington metropolitan area1 without regard to whether the position is vacant4 7b7 ,penalties ,if1 on the date that is #aj years after the date on which a location is selected under section #e1 the headquarters of the covered agency and the covered permanent duty station of employees of the covered agency have not been relocated as required under subsection 7a7 of this section-- 7#a7 for the fiscal year immediately following the fiscal year in which such failure first occurs1 and for each fiscal year thereafter in which any such failure continues1 the head of the covered agency shall be authorized to use funds made available to the covered agency for the relevant fiscal year in an amount equal to not more than #he percent of the funds made available to the covered agency for the fiscal year in which the failure first occurs1 notwithstanding any other provision of law authorizing the head of the covered agency to use those funds in an amount greater than that percent2 and 7#b7 the head of the covered agency may not receive-- 7,a7 pay during the period-- 7i7 beginning on the date on which the failure first occurs2 and 7ii7 ending on the date on which the head of the covered agency relocates the headquarters of the covered agency and the covered permanent duty station of employees of the covered agency as required under subsection 7a72 or 7,b7 backpay for any pay otherwise payable to the head of the covered agency for the period described in subparagraph 7,a74 7c7 ,point of order ,on and after the date that is #aj years after the date on which a location is selected under section #e with respect to a covered agency1 if the head of the covered agency has not relocated the headquarters of the covered agency and the covered permanent duty station of employees of the covered agency as required under subsection 7a7 of this section1 it shall not be in order in the ,senate or the ,house of ,representatives to consider any bill1 joint resolution1 motion1 amendment1 amendment between the ,houses1 or conference report that authorizes the head of the covered agency to use funds made available to the covered agency in violation of subsection 7b77#a7 of this section4 7d7 ,report ,not later than #a year after the date on which a location is selected under section #e1 and not less frequently than annually each year thereafter until the date on which the head of the covered agency to which the selection pertains meets the requirements under subsection 7a7 of this section1 the head of the relevant covered agency shall submit to ,congress a report on the progress of the covered agency in meeting the requirements under that subsection4 #g4 ,no private cause of action ,nothing in this ,act shall be construed to establish a private cause of action1 equitable or otherwise1 to challenge any selection or decision made1 or action taken1 under this ,act4 #h4 ,jurisdiction of ,federal courts over certain cases 7a7 ,inferior courts and tribunals ,an inferior court or tribunal ordained and established by ,congress may not exercise jurisdiction over a case or controversy in which a party challenges-- 7#a7 a selection or decision made1 or action taken1 under this ,act2 or 7#b7 the validity of this ,act4 7b7 ,supreme ,court of the ,united ,states ,the ,supreme ,court of the ,united ,states may not exercise appellate jurisdiction over a case or controversy described in subsection 7a74 #i4 ,offset allowed ,the ,administrator may use the proceeds from the sale of any ,federal building1 land1 or asset to offset the cost of relocating the headquarters of the covered agency and the covered permanent duty station of employees of the covered agency under this ,act4 #aj4 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary to carry out this ,act4