Sec. 9. Suspension based on finding of inflation during period of low unemployment
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/bill/114/hr/1000/ih/section-9A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Whenever the conditions specified in subsection
(k)are satisfied, the Secretary shall make a determination as to whether there is good cause to believe that— job creation funded under this Act constitutes a significant contributing factor to the elevation of the rate of inflation above the level set forth in subsection (k); and a reduction in the number of persons employed in jobs funded under this Act is necessary to restore the rate of inflation to a level below that set forth in subsection (k). If the Secretary determines that such good cause exists, the Secretary shall issue an interim order temporarily— suspending new hiring of persons described in subsections (f)(4)(A) and (f)(4)(D) of section 5 for jobs funded under this Act; and freezing the hourly wage rates paid for jobs funded under this Act. At least 7 days before the effective date of the interim order described in subsection (b), the Secretary shall cause a copy of the order to be sent by email to all applicants for and recipients of Employment Opportunity Grants under section 5 and published in the Federal Register along with a notice requesting public comment thereon. The comment period announced in this notice shall last for 30 days from the day the notice is published. The Secretary shall also announce the publication of the interim order and invite public comment thereon in a press conference called expressly for that purpose and to which representatives of the national news media have been invited. The Office of Management and Budget shall not be required to review the order described in subsection
(b)and no impact statement or analysis of the order’s effect shall be required under any other statute. After the 30-day comment period described in subsection
(c)has expired and the Secretary has considered the comments received relating to the interim order for a period not to exceed 15 additional days, the Secretary shall— either revoke the interim order or confirm it with or without changes; cause all applicants for and recipients of Employment Opportunity Grants under section 5 to be notified of such confirmation or revocation in the manner described in subsection (c)(1); and publish a notice in the Federal Register announcing such confirmation or revocation along with a statement summarizing the views submitted by the public during the comment period and setting forth in reasonable detail the evidence, reasoning, and arguments relied upon and rejected in deciding whether to revoke the interim order or confirm it with or without changes. If the interim order is confirmed, either with or without changes, the Secretary shall have the authority to transfer funds from the account described in subsection (d)(1) of section 4 to the account described in subsection (d)(2) of section 4 to the extent necessary to provide additional training opportunities for persons whose employment in jobs funded under this Act has been temporarily suspended. Any person who would be eligible for employment in a job funded under this Act but for the order described in subsections
(b)and
(e)shall be afforded the opportunity to apply for a waiver of the order’s application to them on the grounds that it would cause them or their family to suffer undue hardship. The Secretary shall establish procedures and rules insuring that such waiver applications are considered and decided in an expeditious manner. No person employed in a job funded under this Act shall have their employment prematurely terminated to achieve the purposes of this section. Hiring for jobs funded under this Act of persons described in subsections (f)(4)(B) and (f)(4)(C) of section 5 may not be suspended to achieve the purposes of this section. The hourly wages paid for jobs funded under this Act may not be reduced to achieve the purposes of this section. The Secretary shall have the authority to waive the applicability of the order described in sections
(b)and
(e)to recipients of Employment Opportunity Grants to the extent necessary to prevent layoffs by the grant recipient of persons already employed by them in jobs funded under this Act. The order described in subsections
(b)and
(e)shall remain in effect only as long as the conditions specified in subsection
(k)are satisfied. The Secretary’s authority to act under this section shall arise only when both of the following conditions are jointly satisfied: The seasonally adjusted unemployment rate for the civilian labor force of the United States, as reported by the United States Bureau of Labor Statistics in its most recent Employment Situation News Release, is less than 4.0 percent. The seasonally adjusted consumer price index for all urban consumers in the United States, as reported by the United States Bureau of Labor Statistics in its most recent Consumer Price Index News Release, is more than 3 percent above its level during the same period one year earlier.