U.S. Congress - Text of H.R.3638 as Introduced in House Wall Street Trading and Speculators Tax Act
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Donate NowH.R.3638 - Wall Street Trading and Speculators Tax Act
To create American jobs and reduce the deficit, and for other purposes.
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HR 3638 IHCommentsClose CommentsPermalink
112th CONGRESSCommentsClose CommentsPermalink
1st SessionCommentsClose CommentsPermalink
H. R. 3638CommentsClose CommentsPermalink
To create American jobs and reduce the deficit, and for other purposes.CommentsClose CommentsPermalink
IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink
December 13, 2011CommentsClose CommentsPermalink
December 13, 2011CommentsClose CommentsPermalink
Mr. GRIJALVA (for himself and Mr. ELLISON) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on Education and the Workforce, Natural Resources, Agriculture, the Judiciary, Science, Space, and Technology, Energy and Commerce, Oversight and Government Reform, Small Business, Transportation and Infrastructure, Financial Services, Veterans’ Affairs, the Budget, Armed Services, and Foreign Affairs, 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 concernedCommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
To create American jobs and reduce the deficit, and for other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the ‘Restore the American Dream for the 99% Act’ or the ‘Act for the 99%’.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title; Table of contents.CommentsClose CommentsPermalink
TITLE I--EMERGENCY JOB CREATION TO REBUILD AMERICA
Subtitle A--Emergency Jobs to Restore the American Dream Act
Sec. 1001. Short title.CommentsClose CommentsPermalink
Part 1--School Improvement Corps
Sec. 1011. Purpose.CommentsClose CommentsPermalink
Sec. 1012. Definitions.CommentsClose CommentsPermalink
subpart a--grants for modernization, renovation, or repair of public school facilities
Sec. 1021. Purpose.CommentsClose CommentsPermalink
Sec. 1022. Allocation of funds.CommentsClose CommentsPermalink
Sec. 1023. Allowable uses of funds.CommentsClose CommentsPermalink
Sec. 1024. Priority projects.CommentsClose CommentsPermalink
subpart b--grants for maintenance costs
Sec. 1031. Allocation to States.CommentsClose CommentsPermalink
Sec. 1032. Allowable uses of funds.CommentsClose CommentsPermalink
subpart c--general provisions
Sec. 1041. Supplement, not supplant.CommentsClose CommentsPermalink
Sec. 1042. Prohibition regarding State aid.CommentsClose CommentsPermalink
Sec. 1043. Maintenance of effort.CommentsClose CommentsPermalink
Sec. 1044. Special rules on contracting.CommentsClose CommentsPermalink
Sec. 1045. Use of American iron, steel, and manufactured goods.CommentsClose CommentsPermalink
Sec. 1046. Labor standards; compliance with existing statutes.CommentsClose CommentsPermalink
Sec. 1047. Charter schools.CommentsClose CommentsPermalink
Sec. 1048. Green schools.CommentsClose CommentsPermalink
Sec. 1049. Reporting.CommentsClose CommentsPermalink
Sec. 1050. Special rules.CommentsClose CommentsPermalink
Sec. 1051. Promotion of employment experiences.CommentsClose CommentsPermalink
Sec. 1052. Availability of funds.CommentsClose CommentsPermalink
Sec. 1053. Alternate distribution of funds.CommentsClose CommentsPermalink
Part 2--Student Jobs Corps
Sec. 1061. Student Jobs Corps.CommentsClose CommentsPermalink
Part 3--Public Lands Corps and Civilian Conservation Corps
Sec. 1071. Appropriation of additional funds for existing Public Lands Corps.CommentsClose CommentsPermalink
Sec. 1072. Establishment and operation of new Civilian Conservation Corps.CommentsClose CommentsPermalink
Part 4--Neighborhood Heroes Corps
Sec. 1081. Teacher Corps.CommentsClose CommentsPermalink
Sec. 1082. Appropriation of additional funds for Community Oriented Policing Services.CommentsClose CommentsPermalink
Sec. 1083. Firefighters Corps.CommentsClose CommentsPermalink
Part 5--Health Care Corps
Sec. 1091. Purpose.CommentsClose CommentsPermalink
Sec. 1092. Health care and long-term care providers.CommentsClose CommentsPermalink
Sec. 1093. Supplement, not supplant.CommentsClose CommentsPermalink
Part 6--Community Corps
Sec. 1101. Purpose.CommentsClose CommentsPermalink
Sec. 1102. Community Corps.CommentsClose CommentsPermalink
Sec. 1103. Application.CommentsClose CommentsPermalink
Sec. 1104. Activities of the Community Corps.CommentsClose CommentsPermalink
Sec. 1105. Hiring and preferences.CommentsClose CommentsPermalink
Sec. 1106. Additional requirements for States and units of general local government.CommentsClose CommentsPermalink
Sec. 1107. Employment status and compensation.CommentsClose CommentsPermalink
Sec. 1108. Nondisplacement of existing employees.CommentsClose CommentsPermalink
Sec. 1109. Dispute resolutions, whistleblower hotline, and enforcement by the Secretary.CommentsClose CommentsPermalink
Sec. 1110. Definitions.CommentsClose CommentsPermalink
Part 7--Child Development Corps
Sec. 1121. Purpose.CommentsClose CommentsPermalink
Sec. 1122. Child Development Corps.CommentsClose CommentsPermalink
Part 8--On-the-job Training
Sec. 1131. Appropriation.CommentsClose CommentsPermalink
Part 9--General Provisions
Sec. 1141. General requirements for entities receiving funding under this subtitle.CommentsClose CommentsPermalink
Sec. 1142. Reporting.CommentsClose CommentsPermalink
Sec. 1143. Hiring and preferences.CommentsClose CommentsPermalink
Sec. 1144. Flexibility on hiring.CommentsClose CommentsPermalink
Sec. 1145. Nondisplacement.CommentsClose CommentsPermalink
Sec. 1146. Employment status and compensation in new programs.CommentsClose CommentsPermalink
Sec. 1147. Dispute resolutions, whistleblower hotline, and enforcement by the Secretary.CommentsClose CommentsPermalink
Sec. 1148. Termination.CommentsClose CommentsPermalink
Subtitle B--Buy American Enhancement Act of 2011
Sec. 1201. Short title.CommentsClose CommentsPermalink
Sec. 1202. Domestic content requirement for the Buy American Act.CommentsClose CommentsPermalink
Sec. 1203. Requirement for indirect contracts to comply with the Buy American Act.CommentsClose CommentsPermalink
Sec. 1204. Buy American waiver reporting requirement.CommentsClose CommentsPermalink
Sec. 1205. Implementation through the Federal Acquisition Regulation.CommentsClose CommentsPermalink
Sec. 1206. Definitions.CommentsClose CommentsPermalink
Subtitle C--Fairness and Transparency in Contracting Act of 2011
Sec. 1301. Short title.CommentsClose CommentsPermalink
Sec. 1302. Definitions.CommentsClose CommentsPermalink
Sec. 1303. Purpose.CommentsClose CommentsPermalink
Sec. 1304. Definition of small business concern and status review.CommentsClose CommentsPermalink
Sec. 1305. Notification.CommentsClose CommentsPermalink
Sec. 1306. Reporting.CommentsClose CommentsPermalink
Sec. 1307. List of contractors.CommentsClose CommentsPermalink
Sec. 1308. Contracting databases.CommentsClose CommentsPermalink
Sec. 1309. Enforcement.CommentsClose CommentsPermalink
Subtitle D--National Infrastructure Development Bank Act of 2011
Sec. 1401. Short title.CommentsClose CommentsPermalink
Sec. 1402. Findings.CommentsClose CommentsPermalink
Sec. 1403. Definitions.CommentsClose CommentsPermalink
Sec. 1404. Establishment of national infrastructure development bank.CommentsClose CommentsPermalink
Sec. 1405. Board of directors.CommentsClose CommentsPermalink
Sec. 1406. Executive committee.CommentsClose CommentsPermalink
Sec. 1407. Risk management committee.CommentsClose CommentsPermalink
Sec. 1408. Audit Committee.CommentsClose CommentsPermalink
Sec. 1409. Personnel.CommentsClose CommentsPermalink
Sec. 1410. Eligibility criteria for assistance from Bank.CommentsClose CommentsPermalink
Sec. 1411. Exemption from local taxation.CommentsClose CommentsPermalink
Sec. 1412. Status and applicability of certain Federal laws; no full faith and credit.CommentsClose CommentsPermalink
Sec. 1413. Compliance with Davis-Bacon Act.CommentsClose CommentsPermalink
Sec. 1414. Applicability of certain State laws.CommentsClose CommentsPermalink
Sec. 1415. Audits; Reports to President and Congress.CommentsClose CommentsPermalink
Sec. 1416. Capitalization of bank.CommentsClose CommentsPermalink
Sec. 1417. Sunset.CommentsClose CommentsPermalink
Subtitle E--Wounded Veteran Job Security Act
Sec. 1501. Short title.CommentsClose CommentsPermalink
Sec. 1502. Expansion of definition of service in uniformed services for purposes of USERRA.CommentsClose CommentsPermalink
Sec. 1503. Documentation of treatment for purposes of reemployment under USERRA.CommentsClose CommentsPermalink
Sec. 1504. Notification of employer of intent to return to a position of employment.CommentsClose CommentsPermalink
Sec. 1505. Effective date.CommentsClose CommentsPermalink
Subtitle F--Emergency Unemployment Compensation Extension Act of 2011
Sec. 1601. Short title.CommentsClose CommentsPermalink
Sec. 1602. Extension of emergency unemployment compensation program.CommentsClose CommentsPermalink
Sec. 1603. Temporary extension of extended benefit provisions.CommentsClose CommentsPermalink
Subtitle G--Emergency Unemployment Compensation Expansion Act of 2011
Sec. 1701. Short title.CommentsClose CommentsPermalink
Sec. 1702. Additional first-tier emergency unemployment compensation.CommentsClose CommentsPermalink
Sec. 1703. Regulations.CommentsClose CommentsPermalink
Sec. 1704. Effective date.CommentsClose CommentsPermalink
Subtitle H--Currency Reform for Fair Trade Act
Sec. 1801. Short title.CommentsClose CommentsPermalink
Sec. 1802. Clarification regarding definition of countervailable subsidy.CommentsClose CommentsPermalink
Sec. 1803. Report on implementation of subtitle.CommentsClose CommentsPermalink
Sec. 1804. Application to goods from Canada and Mexico.CommentsClose CommentsPermalink
Subtitle I--Prioritize Emergency Job Creation Act
Sec. 1851. Short title.CommentsClose CommentsPermalink
Sec. 1852. Emergency job creation.CommentsClose CommentsPermalink
Subtitle J--Fair Employment Opportunity Act of 2011
Sec. 1901. Short title.CommentsClose CommentsPermalink
Sec. 1902. Findings and purpose.CommentsClose CommentsPermalink
Sec. 1903. Definitions.CommentsClose CommentsPermalink
Sec. 1904. Prohibited acts.CommentsClose CommentsPermalink
Sec. 1905. Enforcement.CommentsClose CommentsPermalink
Subtitle K--New Jobs for America Act of 2011
Sec. 1951. Short title.CommentsClose CommentsPermalink
Sec. 1952. Compensated employment training grants.CommentsClose CommentsPermalink
Subtitle L--Transportation Infrastructure Investment
Sec. 1961. Transportation infrastructure investment.CommentsClose CommentsPermalink
Subtitle M--Jobs NOW Act
Sec. 1971. Short title.CommentsClose CommentsPermalink
Sec. 1972. Restoration of TANF Emergency Contingency Fund.CommentsClose CommentsPermalink
Subtitle N--Discretionary Spending Limits
Sec. 1981. Repeal of new discretionary spending limits.CommentsClose CommentsPermalink
Subtitle O--Emergency Job Creation Designation
Sec. 1991. Congressional Designation.CommentsClose CommentsPermalink
TITLE II--RESPONSIBLE SAVINGS AND FAIR TAXATION
Subtitle A--Responsible End to the War in Afghanistan Act
Sec. 2001. Short title.CommentsClose CommentsPermalink
Sec. 2002. Statement of policy.CommentsClose CommentsPermalink
Sec. 2003. Limitation on use of funds for operations of the Armed Forces in Afghanistan.CommentsClose CommentsPermalink
Subtitle B--Defense and Deficit Reduction Act
Sec. 2101. Short title.CommentsClose CommentsPermalink
Sec. 2102. Findings.CommentsClose CommentsPermalink
Sec. 2103. Reduction and freeze in budget of Department of Defense.CommentsClose CommentsPermalink
Subtitle C--Reduction in Military End Strength Level in Europe
Sec. 2201. Reduction in end strength level of members of the United States Armed Forces assigned to permanent duty in Europe and corresponding general end strength reductions.CommentsClose CommentsPermalink
Sec. 2202. Conforming changes to Armed Forces end strength levels.CommentsClose CommentsPermalink
Subtitle D--V-22 Osprey Aircraft Program
Sec. 2401. Termination of V-22 Osprey aircraft program.CommentsClose CommentsPermalink
Subtitle E--Fairness in Taxation
Sec. 2501. Increased tax rates for taxpayers with more than $1,000,000 taxable income.CommentsClose CommentsPermalink
Sec. 2502. Recapture of lower capital gains rates for individuals subject to added rate brackets.CommentsClose CommentsPermalink
Subtitle F--End Big Oil Tax Subsidies Act of 2011
Sec. 2601. Short title.CommentsClose CommentsPermalink
Sec. 2602. Amortization of geological and geophysical expenditures.CommentsClose CommentsPermalink
Sec. 2603. Producing oil and gas from marginal wells.CommentsClose CommentsPermalink
Sec. 2604. Enhanced oil recovery credit.CommentsClose CommentsPermalink
Sec. 2605. Intangible drilling and development costs in the case of oil and gas wells.CommentsClose CommentsPermalink
Sec. 2606. Percentage depletion.CommentsClose CommentsPermalink
Sec. 2607. Tertiary injectants.CommentsClose CommentsPermalink
Sec. 2608. Passive activity losses and credits limited.CommentsClose CommentsPermalink
Sec. 2609. Income attributable to domestic production activities.CommentsClose CommentsPermalink
Sec. 2610. Prohibition on using last-in, first-out accounting for major integrated oil companies.CommentsClose CommentsPermalink
Sec. 2611. Modifications of foreign tax credit rules applicable to dual capacity taxpayers.CommentsClose CommentsPermalink
Subtitle G--Superfund Reinvestment Act
Sec. 2701. Short title.CommentsClose CommentsPermalink
Sec. 2702. Use of Hazardous Substance Superfund for cleanup.CommentsClose CommentsPermalink
Sec. 2703. Budgetary treatment of Hazardous Substance Superfund.CommentsClose CommentsPermalink
Sec. 2704. Extension of Superfund taxes.CommentsClose CommentsPermalink
Sec. 2705. Applicability.CommentsClose CommentsPermalink
Subtitle H--Wall Street Trading and Speculators Tax Act
Sec. 2801. Short title.CommentsClose CommentsPermalink
Sec. 2802. Transaction tax.CommentsClose CommentsPermalink
Subtitle I--Making Work Pay Tax Credit
Sec. 2901. Two-year extension of making work pay credit.CommentsClose CommentsPermalink
Subtitle J--Employee Misclassification Prevention Act
Sec. 2951. Short title.CommentsClose CommentsPermalink
Sec. 2952. Classification of employees and non-employees.CommentsClose CommentsPermalink
Sec. 2953. Misclassification of employees for unemployment compensation purposes.CommentsClose CommentsPermalink
Sec. 2954. Department of Labor coordination, referral, and regulations.CommentsClose CommentsPermalink
Sec. 2955. Targeted audits.CommentsClose CommentsPermalink
Subtitle K--Corporate Assets Should Be Used to Hire Act
Sec. 2961. Short title.CommentsClose CommentsPermalink
Sec. 2962. Temporary surtax on increases in retained earnings of domestic corporations.CommentsClose CommentsPermalink
TITLE III--PROTECT AND STRENGTHEN SOCIAL SECURITY, MEDICARE, AND MEDICAID
Subtitle A--Public Option Deficit Reduction Act
Sec. 3001. Short title.CommentsClose CommentsPermalink
Sec. 3002. Public health insurance option.CommentsClose CommentsPermalink
Subtitle B--Medicare Prescription Drug Price Negotiation Act of 2011
Sec. 3101. Short title.CommentsClose CommentsPermalink
Sec. 3102. Negotiation of lower covered part d drug prices on behalf of medicare beneficiaries.CommentsClose CommentsPermalink
Subtitle C--Medicaid Enhancement and Emergency Job Creation Act of 2011
Sec. 3201. Short title.CommentsClose CommentsPermalink
Sec. 3202. Extension of ARRA increase in FMAP through fiscal year 2012.CommentsClose CommentsPermalink
Subtitle D--Keeping Our Social Security Promises Act
Sec. 3301. Short title.CommentsClose CommentsPermalink
Sec. 3302. Payroll tax on remuneration up to contribution and benefit base and more than $250,000.CommentsClose CommentsPermalink
Sec. 3303. Tax on net earnings from self-employment up to contribution and benefit base and more than $250,000.CommentsClose CommentsPermalink
TITLE I--EMERGENCY JOB CREATION TO REBUILD AMERICACommentsClose CommentsPermalink
TITLE I--EMERGENCY JOB CREATION TO REBUILD AMERICACommentsClose CommentsPermalink
Subtitle A--Emergency Jobs to Restore the American Dream ActCommentsClose CommentsPermalink
Subtitle A--Emergency Jobs to Restore the American Dream ActCommentsClose CommentsPermalink
SEC. 1001. SHORT TITLE.
This subtitle may be cited as the ‘Emergency Jobs to Restore the American Dream Act’.CommentsClose CommentsPermalink
PART 1--SCHOOL IMPROVEMENT CORPS
SEC. 1011. PURPOSE.
It is the purpose of this part to provide for the creation of 400,000 construction jobs for the purpose of modernizing, renovating, or repairing public school facilities; and 250,000 maintenance jobs for the purpose of maintaining and improving public school facilities.CommentsClose CommentsPermalink
SEC. 1012. DEFINITIONS.
In this part:CommentsClose CommentsPermalink
(1) The term ‘Bureau-funded school’ has the meaning given such term in section 1141 of the Education Amendments of 1978 (
(2) The term ‘charter school’ has the meaning given such term in section 5210 of the Elementary and Secondary Education Act of 1965 (
(3) The term ‘CHPS Criteria’ means the green building rating program developed by the Collaborative for High Performance Schools.CommentsClose CommentsPermalink
(4) The term ‘Energy Star’ means the Energy Star program of the United States Department of Energy and the United States Environmental Protection Agency.CommentsClose CommentsPermalink
(5) The term ‘Green Globes’ means the Green Building Initiative environmental design and rating system referred to as Green Globes.CommentsClose CommentsPermalink
(6) The term ‘LEED Green Building Rating System’ means the United States Green Building Council Leadership in Energy and Environmental Design green building rating standard referred to as LEED Green Building Rating System.CommentsClose CommentsPermalink
(7) The term ‘local educational agency’--CommentsClose CommentsPermalink
(A) has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (
(B) includes any public charter school that constitutes a local educational agency under State law; andCommentsClose CommentsPermalink
(C) includes the Recovery School District of Louisiana.CommentsClose CommentsPermalink
(8) The term ‘outlying area’--CommentsClose CommentsPermalink
(A) means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands; andCommentsClose CommentsPermalink
(B) includes the Republic of Palau.CommentsClose CommentsPermalink
(9) The term ‘public school facilities’ means existing public elementary or secondary school facilities, including public charter school facilities and other existing facilities planned for adaptive reuse as public charter school facilities.CommentsClose CommentsPermalink
(10) The term ‘Secretary’ means the Secretary of Education.CommentsClose CommentsPermalink
(11) The term ‘State’ means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.CommentsClose CommentsPermalink
Subpart A--Grants for Modernization, Renovation, or Repair of Public School Facilities
SEC. 1021. PURPOSE.
Grants under this subpart shall be for the purpose of modernizing, renovating, or repairing public school facilities (including early learning facilities, as appropriate), based on the need of the facilities for such improvements, to ensure that public school facilities are safe, healthy, high-performing, and technologically up-to-date.CommentsClose CommentsPermalink
SEC. 1022. ALLOCATION OF FUNDS.
(a) Reservation-CommentsClose CommentsPermalink
(1) IN GENERAL- From the amount appropriated to carry out this subpart for each fiscal year pursuant to section 1052(a)(1), the Secretary shall reserve 2 percent of such amount, consistent with the purpose described in section 1052(a)(1)--CommentsClose CommentsPermalink
(A) to provide assistance to the outlying areas; andCommentsClose CommentsPermalink
(B) for payments to the Secretary of the Interior to provide assistance to Bureau-funded schools.CommentsClose CommentsPermalink
(2) USE OF RESERVED FUNDS- In each fiscal year, the amount reserved under paragraph (1) shall be divided between the uses described in subparagraphs (A) and (B) of such paragraph in the same proportion as the amount reserved under section 1121(a) of the Elementary and Secondary Education Act of 1965 (
(3) DISTRESSED AREAS AND NATURAL DISASTERS- From the amount appropriated to carry out this subpart for each fiscal year pursuant to section 1052(a), the Secretary shall reserve 5 percent of such amount for grants to--CommentsClose CommentsPermalink
(A) local educational agencies serving geographic areas with significant economic distress, to be used consistent with the purpose described in section 1021 and the allowable uses of funds described in section 1023;CommentsClose CommentsPermalink
(B) local educational agencies serving geographic areas recovering from a natural disaster; andCommentsClose CommentsPermalink
(C) local educational agencies serving geographic areas that contain a military installation selected for closure under the base closure and realignment process pursuant to the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of
(b) Allocation to States-CommentsClose CommentsPermalink
(1) STATE-BY-STATE ALLOCATION- Of the amount appropriated to carry out this subpart for each fiscal year pursuant to section 1052(a)(1), and not reserved under subsection (a), each State shall be allocated an amount in proportion to the amount received by all local educational agencies in the State under part A of title I of the Elementary and Secondary Education Act of 1965 (
(2) STATE ADMINISTRATION- A State may reserve up to 1 percent of its allocation under paragraph (1) to carry out its responsibilities under this subpart, which include--CommentsClose CommentsPermalink
(A) providing technical assistance to local educational agencies;CommentsClose CommentsPermalink
(B) developing an online, publicly searchable database that includes an inventory of public school facilities in the State, including for each such facility, its design, condition, modernization, renovation and repair needs, utilization, energy use, and carbon footprint; andCommentsClose CommentsPermalink
(C) creating voluntary guidelines for high-performing school buildings, including guidelines concerning the following:CommentsClose CommentsPermalink
(i) Site location, storm water management, outdoor surfaces, outdoor lighting, and transportation, including public transit and pedestrian and bicycle accessability.CommentsClose CommentsPermalink
(ii) Outdoor water systems, landscaping to minimize water use, including elimination of irrigation systems for landscaping, and indoor water use reduction.CommentsClose CommentsPermalink
(iii) Energy efficiency (including minimum and superior standards, such as for heating, ventilation, and air conditioning systems), use of alternative energy sources, commissioning, and training.CommentsClose CommentsPermalink
(iv) Use of durable, sustainable materials, including life-cycle cost effectiveness, and waste reduction.CommentsClose CommentsPermalink
(v) Indoor environmental quality, such as day lighting in classrooms, lighting quality, indoor air quality (including with reference to reducing the incidence and effects of asthma and other respiratory illnesses), acoustics, and thermal comfort.CommentsClose CommentsPermalink
(vi) Operations and management, such as use of energy-efficient equipment, indoor environmental management plan, maintenance plan, and pest management.CommentsClose CommentsPermalink
(3) GRANTS TO LOCAL EDUCATIONAL AGENCIES- From the amount allocated to a State under paragraph (1), each eligible local educational agency in the State shall receive an amount in proportion to the amount received by such local educational agency under part A of title I of the Elementary and Secondary Education Act of 1965 (
(4) SPECIAL RULE- Section 1122(c)(3) of the Elementary and Secondary Education Act of 1965 (
(c) Special Rules-CommentsClose CommentsPermalink
(1) DISTRIBUTIONS BY SECRETARY- The Secretary shall make and distribute the reservations and allocations described in subsections (a) and (b) not later than 90 days after an appropriation of funds for this subpart is made.CommentsClose CommentsPermalink
(2) DISTRIBUTIONS BY STATES- A State shall make and distribute the allocations described in subsection (b)(3) within 60 days of receiving such funds from the Secretary.CommentsClose CommentsPermalink
SEC. 1023. ALLOWABLE USES OF FUNDS.
(a) In General- A local educational agency receiving a grant under this subpart shall use the grant for modernization, renovation, or repair of public school facilities (including early learning facilities and charter schools, as appropriate), including--CommentsClose CommentsPermalink
(1) repair, replacement, or installation of roofs, including extensive, intensive or semi-intensive green roofs, electrical wiring, water supply and plumbing systems, sewage systems, storm water runoff systems, lighting systems, building envelope, windows, ceilings, flooring, or doors, including security doors;CommentsClose CommentsPermalink
(2) repair, replacement, or installation of heating, ventilation, or air conditioning systems, including insulation, and conducting indoor air quality assessments;CommentsClose CommentsPermalink
(3) compliance with fire, health, seismic, and safety codes, including professional installation of fire and life safety alarms, and modernizations, renovations, and repairs that ensure that schools are prepared for emergencies, such as improving building infrastructure to accommodate security measures and installing or upgrading technology to ensure that schools are able to respond to emergencies such as acts of terrorism, campus violence, and natural disasters;CommentsClose CommentsPermalink
(4) retrofitting necessary to increase the energy efficiency and water efficiency of public school facilities;CommentsClose CommentsPermalink
(5) modifications necessary to make facilities accessible in compliance with the Americans with Disabilities Act of 1990 (
(6) abatement, removal, or interim controls of asbestos, polychlorinated biphenyls, mold, mildew, lead-based hazards, including lead-based paint hazards, or a proven carcinogen;CommentsClose CommentsPermalink
(7) measures designed to reduce or eliminate human exposure to classroom noise and environmental noise pollution;CommentsClose CommentsPermalink
(8) modernization, renovation, or repair necessary to reduce the consumption of coal, electricity, land, natural gas, oil, or water;CommentsClose CommentsPermalink
(9) installation or upgrading of educational technology infrastructure;CommentsClose CommentsPermalink
(10) modernization, renovation, or repair of science and engineering laboratories, libraries, and career and technical education facilities, and improvements to building infrastructure to accommodate bicycle and pedestrian access;CommentsClose CommentsPermalink
(11) installation or upgrading of renewable energy generation and heating systems, including solar, photovoltaic, wind, biomass (including wood pellet and woody biomass), waste-to-energy, and solar-thermal and geothermal systems, and for energy audits;CommentsClose CommentsPermalink
(12) measures designed to reduce or eliminate human exposure to airborne particles such as dust, sand, and pollens;CommentsClose CommentsPermalink
(13) creating greenhouses, gardens (including trees), and other facilities for environmental, scientific, or other educational purposes, or to produce energy savings;CommentsClose CommentsPermalink
(14) modernizing, renovating, or repairing physical education facilities for students, including upgrading or installing recreational structures made from post-consumer recovered materials in accordance with the comprehensive procurement guidelines prepared by the Administrator of the Environmental Protection Agency under section 6002(e) of the Solid Waste Disposal Act (
(15) other modernization, renovation, or repair of public school facilities to--CommentsClose CommentsPermalink
(A) improve teachers’ ability to teach and students’ ability to learn;CommentsClose CommentsPermalink
(B) ensure the health and safety of students and staff;CommentsClose CommentsPermalink
(C) make them more energy efficient; orCommentsClose CommentsPermalink
(D) reduce class size; andCommentsClose CommentsPermalink
(16) required environmental remediation related to modernization, renovation, or repair described in paragraphs (1) through (15).CommentsClose CommentsPermalink
(b) Administrative Costs- A local educational agency receiving a grant under this part may not use more than 1 percent of such grant funds for administrative costs.CommentsClose CommentsPermalink
SEC. 1024. PRIORITY PROJECTS.
In selecting a project under section 113, a local educational agency may give priority to projects involving the abatement, removal, or interim controls of asbestos, polychlorinated biphenyls, mold, mildew, lead-based hazards, including lead-based paint hazards, or a proven carcinogen.CommentsClose CommentsPermalink
Subpart B--Grants for Maintenance Costs
SEC. 1031. ALLOCATION TO STATES.
(a) State-by-State Allocation- Of the amount appropriated to carry out this subpart for each fiscal year pursuant to section 1052(a)(2), each State shall be allocated an amount in proportion to the amount received by all local educational agencies in the State under part A of title I of the Elementary and Secondary Education Act of 1965 (
(b) Grants to Local Educational Agencies- From the amount allocated to a State under subsection (a), each eligible local educational agency in the State shall receive an amount in proportion to the amount received by such local educational agency under part A of title I of the Elementary and Secondary Education Act of 1965 (
SEC. 1032. ALLOWABLE USES OF FUNDS.
(a) Required Use of Funds- A local educational agency receiving a grant under this subpart shall use the grant for payment of maintenance costs, including routine repairs classified as current expenditures under State or local law.CommentsClose CommentsPermalink
(b) Administrative Costs- A local educational agency receiving a grant under this subpart may not use more than 1 percent of such grant funds for administrative costs.CommentsClose CommentsPermalink
Subpart C--General Provisions
SEC. 1041. SUPPLEMENT, NOT SUPPLANT.
A local educational agency receiving a grant under this part shall use such Federal funds only to supplement and not supplant the amount of funds that would, in the absence of such Federal funds, be available for modernization, renovation, repair, maintenance, and construction of public school facilities.CommentsClose CommentsPermalink
SEC. 1042. PROHIBITION REGARDING STATE AID.
A State shall not take into consideration payments under this part in determining the eligibility of any local educational agency in that State for State aid, or the amount of State aid, with respect to free public education of children.CommentsClose CommentsPermalink
SEC. 1043. MAINTENANCE OF EFFORT.
(a) In General- A local educational agency may receive a grant under this part for any fiscal year only if either the combined fiscal effort per student or the aggregate expenditures of the agency and the State involved with respect to the provision of free public education by the agency for the preceding fiscal year was not less than 90 percent of the combined fiscal effort or aggregate expenditures for the second preceding fiscal year.CommentsClose CommentsPermalink
(b) Waiver- The Secretary shall waive the requirements of this section if the Secretary determines that a waiver would be equitable due to--CommentsClose CommentsPermalink
(1) exceptional or uncontrollable circumstances, such as a natural disaster; orCommentsClose CommentsPermalink
(2) a precipitous decline in the financial resources of the local educational agency.CommentsClose CommentsPermalink
SEC. 1044. SPECIAL RULES ON CONTRACTING.
(a) Local Educational Agency Requirements-CommentsClose CommentsPermalink
(1) IN GENERAL- Each local educational agency receiving a grant under this part shall ensure that, if the agency carries out modernization, renovation, repair, maintenance, or construction through a contract, the process for any such contract ensures the maximum number of qualified bidders, including local, small, minority, and women- and veteran-owned businesses, through full and open competition.CommentsClose CommentsPermalink
(2) REVIEW OF APPLICATIONS- In reviewing awarding contracts under paragraph (1), a local educational agency shall give preference to businesses that demonstrate--CommentsClose CommentsPermalink
(A) current and past compliance with Federal and State labor laws, including laws concerning wage and hour, labor relations, family and medical leave, occupational safety and health, and living wage standards; andCommentsClose CommentsPermalink
(B) terms and conditions of employment including payment of living wage; availability of sick, vacation and retirement benefits; and existence of grievance procedures and labor-management committees.CommentsClose CommentsPermalink
(b) Certification by Businesses- Any business competing for a contract with a local educational agency receiving funds under this part shall certify to the local educational agency that the business has a record of compliance and is currently in compliance with Federal, State, and local labor and workplace laws, including statutes concerning wage and hour, labor relations, family and medical leave, occupational safety and health, and living wage standards.CommentsClose CommentsPermalink
SEC. 1045. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS.
(a) In General- None of the funds appropriated or otherwise made available by this part may be used for a project for the modernization, renovation, repair, maintenance, or construction of a public school facility unless all of the iron, steel, and manufactured goods used in the project are produced in the United States.CommentsClose CommentsPermalink
(b) Exceptions- Subsection (a) shall not apply in any case or category of cases in which the Secretary finds that--CommentsClose CommentsPermalink
(1) applying subsection (a) would be inconsistent with the public interest;CommentsClose CommentsPermalink
(2) iron, steel, and the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; orCommentsClose CommentsPermalink
(3) inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent.CommentsClose CommentsPermalink
(c) Publication of Justification- If the Secretary determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the Secretary shall publish in the Federal Register a detailed written justification of the determination.CommentsClose CommentsPermalink
(d) Construction- This section shall be applied in a manner consistent with United States obligations under international agreements.CommentsClose CommentsPermalink
SEC. 1046. LABOR STANDARDS; COMPLIANCE WITH EXISTING STATUTES.
(a) In General- The grant programs under this subpart are applicable programs (as that term is defined in section 400 of the General Education Provisions Act (
(b) Compliance With Existing Statutes- Each local educational agency receiving a grant under this part shall comply with all applicable Federal, State, and local health, safety, labor, and civil rights laws.CommentsClose CommentsPermalink
SEC. 1047. CHARTER SCHOOLS.
A local educational agency receiving a grant under this part may reserve an amount of that grant for charter schools within its jurisdiction for modernization, renovation, repair, and construction, or maintenance of charter school facilities (including early learning facilities, as appropriate).CommentsClose CommentsPermalink
SEC. 1048. GREEN SCHOOLS.
(a) In General- A local educational agency receiving a grant under this part shall, to the maximum extent practicable, use such funds for public school modernization, renovation, repair, or construction or maintenance that are certified, verified, or consistent with any applicable provisions of--CommentsClose CommentsPermalink
(1) the LEED Green Building Rating System;CommentsClose CommentsPermalink
(2) Energy Star;CommentsClose CommentsPermalink
(3) the CHPS Criteria;CommentsClose CommentsPermalink
(4) Green Globes; orCommentsClose CommentsPermalink
(5) an equivalent program adopted by the State, or another jurisdiction with authority over the local educational agency, that includes a verifiable method to demonstrate compliance with such program.CommentsClose CommentsPermalink
(b) Rule of Construction- Nothing in this section shall be construed to prohibit a local educational agency from using sustainable, domestic hardwood lumber as ascertained through the forest inventory and analysis program of the Forest Service of the Department of Agriculture under the Forest and Rangeland Renewable Resources Research Act of 1978 (
(c) Technical Assistance- The Secretary, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall provide outreach and technical assistance to States and local educational agencies concerning the best practices in school modernization, renovation, repair, and construction, including those related to student academic achievement, student and staff health, energy efficiency, and environmental protection.CommentsClose CommentsPermalink
SEC. 1049. REPORTING.
(a) Reports by Local Educational Agencies- Local educational agencies receiving a grant under this part shall annually compile a report describing the projects for which such funds were used, including--CommentsClose CommentsPermalink
(1) the number and identity of public schools in the agency, including the number of charter schools, and for each school, the total number of students, and the number of students counted under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 (
(2) the total amount of funds received by the local educational agency under this part, and for each public school in the agency, including each charter school, the amount of such funds expended, and the types of modernization, renovation, repair, or construction projects for which such funds were used;CommentsClose CommentsPermalink
(3) the number of students impacted by such projects, including the number of students so impacted who are counted under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 (
(4) the number of public schools in the agency with a metro-centric locale code of 41, 42, or 43 as determined by the National Center for Education Statistics and the percentage of funds received by the agency under subpart A or subpart B of this part that were used for projects at such schools;CommentsClose CommentsPermalink
(5) the number of public schools in the agency that are eligible for schoolwide programs under section 1114 of the Elementary and Secondary Education Act of 1965 (
(6) for each project--CommentsClose CommentsPermalink
(A) the cost;CommentsClose CommentsPermalink
(B) the standard described in section 128(a) with which the use of the funds complied or, if the use of funds did not comply with a standard described in section 128(a), the reason such funds were not able to be used in compliance with such standards and the agency’s efforts to use such funds in an environmentally sound manner; andCommentsClose CommentsPermalink
(C) any demonstrable or expected benefits as a result of the project (such as energy savings, improved indoor environmental quality, student and staff health, including the reduction of the incidence and effects of asthma and other respiratory illnesses, and improved climate for teaching and learning);CommentsClose CommentsPermalink
(7) the total number and amount of contracts awarded, and the number and amount of contracts awarded to local, small, minority, women, and veteran-owned businesses; andCommentsClose CommentsPermalink
(8) the total number of jobs created by funding under this part by--CommentsClose CommentsPermalink
(A) the local educational agency; andCommentsClose CommentsPermalink
(B) contractors who performed work for the local educational agency under this part.CommentsClose CommentsPermalink
(b) Availability of Reports- A local educational agency shall--CommentsClose CommentsPermalink
(1) submit the report described in subsection (a) to the State educational agency, which shall compile such information and report it annually to the Secretary; andCommentsClose CommentsPermalink
(2) make the report described in subsection (a) publicly available, including on the agency’s Web site.CommentsClose CommentsPermalink
(c) Reports by Secretary- Not later than March 31 of each fiscal year, the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate, and make available on the Department of Education’s Web site, a report on grants made under this subpart, including the information from the reports described in subsection (b)(1).CommentsClose CommentsPermalink
SEC. 1050. SPECIAL RULES.
Notwithstanding any other provision of this subpart, none of the funds authorized by this part may be--CommentsClose CommentsPermalink
(1) used to employ workers in violation of section 274A of the Immigration and Nationality Act (
(2) distributed to a local educational agency that does not have a policy that requires a criminal background check on all employees of the agency.CommentsClose CommentsPermalink
SEC. 1051. PROMOTION OF EMPLOYMENT EXPERIENCES.
The Secretary of Education, in consultation with the Secretary of Labor, shall work with recipients of funds under this subpart to promote appropriate opportunities to gain employment experience working on modernization, renovation, repair, maintenance, and construction projects funded under this subpart for--CommentsClose CommentsPermalink
(1) participants in a YouthBuild program (as defined in section 173A of the Workforce Investment Act of 1998 (
(2) individuals enrolled in the Job Corps program carried out under subtitle C of title I of the Workforce Investment Act of 1998 (
(3) individuals enrolled in a junior or community college (as defined in section 312(f) of the Higher Education Act of 1965 (
(4) participants in preapprenticeship programs that have direct linkages with apprenticeship programs that are registered with the Department of Labor or a State Apprenticeship Agency under the National Apprenticeship Act of 1937 (
SEC. 1052. AVAILABILITY OF FUNDS.
(a) Authorization and Appropriation- There are authorized to be appropriated, and there are appropriated, for each of fiscal years 2012 and 2013--CommentsClose CommentsPermalink
(1) to carry out subpart A (in addition to any other amounts appropriated to carry out such title and out of any money in the Treasury not otherwise appropriated), $40,000,000,000; andCommentsClose CommentsPermalink
(2) to carry out subpart B (in addition to any other amounts appropriated to carry out such title and out of any money in the Treasury not otherwise appropriated), $10,000,000,000.CommentsClose CommentsPermalink
(b) Prohibition on Earmarks- None of the funds appropriated under this section may be used for a Congressional earmark as defined in clause 9(d) of rule XXI of the Rules of the House of Representatives for the 112th Congress.CommentsClose CommentsPermalink
(c) Sunset- The authority to award grants under this part shall expire at the end of fiscal year 2013.CommentsClose CommentsPermalink
SEC. 1053. ALTERNATE DISTRIBUTION OF FUNDS.
If, within 30 days after the date of the enactment of this Act, a local educational agency has submitted to the Secretary a certification that they are refusing funds they are eligible to receive under this part, the Secretary shall provide for funds allocated to that local educational agency to be distributed to another entity or other entities in the State, under such terms and conditions as the Secretary may establish, provided that all terms and conditions that apply to funds appropriated under this section shall apply to such funds distributed to such entity or entities.CommentsClose CommentsPermalink
PART 2--STUDENT JOBS CORPS
SEC. 1061. STUDENT JOBS CORPS.
(a) Purpose- It is the purpose of this section to provide for an additional 250,000 part-time work-study jobs through the Federal Work-Study Program under part C of title IV of the Higher Education Act of 1965 (
(b) Appropriation of Additional Amounts- There are authorized to be appropriated, and there are hereby appropriated, out of amounts in the Treasury not otherwise appropriated, to the Secretary of Education $425,000,000 for each of the fiscal years 2012 and 2013 for grants to institutions of higher education under part C of title IV of the Higher Education Act of 1965 (
(c) Relation to Other Funds- Amounts appropriated by subsection (b) are in addition to amounts appropriated pursuant to the authorization of appropriations in section 441(b) of the Higher Education Act of 1965 (
(d) Matching Funds Not Required- Notwithstanding section 443(b)(5) of the Higher Education Act of 1965 (
PART 3--PUBLIC LANDS CORPS AND CIVILIAN CONSERVATION CORPS
SEC. 1071. APPROPRIATION OF ADDITIONAL FUNDS FOR EXISTING PUBLIC LANDS CORPS.
(a) Purpose- It is the purpose of this section to provide for the creation of an additional 100,000 positions in the Public Lands Corps established under section 204 of the Public Lands Corps Act of 1993 (
(b) Authorization and Appropriation of Additional Funds-CommentsClose CommentsPermalink
(1) FOREST SERVICE- There are authorized to be appropriated, and there are hereby appropriated, out of amounts in the Treasury not otherwise appropriated, to the Secretary of Agriculture $125,000,000 for each of fiscal years 2012 and 2013--CommentsClose CommentsPermalink
(A) to carry out the Public Lands Corps established in the Department of Agriculture under section 204 of the Public Lands Corps Act of 1993 (
(B) to support qualified youth or conservation corps to perform conservation projects referred to in subsection (d) of such section; andCommentsClose CommentsPermalink
(C) to support resource assistants selected under section 206 of such Act (
(2) DEPARTMENT OF THE INTERIOR- There are authorized to be appropriated, and there are hereby appropriated, out of amounts in the Treasury not otherwise appropriated, to the Secretary of the Interior $125,000,000 for each of fiscal years 2012 and 2013--CommentsClose CommentsPermalink
(A) to carry out the Public Lands Corps established in the Department of the Interior under section 204 of the Public Lands Corps Act of 1993 (
(B) to support qualified youth or conservation corps to perform conservation projects referred to in subsection (d) of such section; andCommentsClose CommentsPermalink
(C) to support resource assistants selected under section 206 of such Act (
(c) Relation to Other Funds for Public Lands Corps- Amounts appropriated by subsection (b) are in addition to amounts appropriated pursuant to the authorization of appropriations in section 211 of the Public Lands Corps Act of 1993 (
(d) Expedited Obligation of Funds- Not later than 90 days after the date of the enactment of this Act, the Secretary of Agriculture and the Secretary of the Interior shall commence obligation of the funds appropriated by subsection (b) for fiscal year 2012 by utilizing the pool of remaining applications for fiscal year 2011 assistance under the Public Lands Corps Act of 1993 (
(e) Waiver of Cost-Sharing Requirements- The cost-sharing requirements of sections 206(b) and 210 of the Public Lands Corps Act of 1993 (
SEC. 1072. ESTABLISHMENT AND OPERATION OF NEW CIVILIAN CONSERVATION CORPS.
(a) Establishment and Purpose- The President may establish and operate a Civilian Conservation Corps to employ citizens of the United States in the construction, maintenance, and carrying on of additional works of a public nature in connection with--CommentsClose CommentsPermalink
(1) the forestation of lands belonging to the United States or a State;CommentsClose CommentsPermalink
(2) the prevention of forest fires, floods, and soil erosion;CommentsClose CommentsPermalink
(3) plant pest and disease control;CommentsClose CommentsPermalink
(4) the construction, maintenance, or repair of paths, trails, and fire-lanes in units of the National Park System, public lands, and other lands under the jurisdiction of the Secretary of the Interior and units of the National Forest System; andCommentsClose CommentsPermalink
(5) such other work on Federal or State land incidental to or necessary in connection with any projects of the character enumerated in paragraphs (1) through (4) that the President determines to be desirable.CommentsClose CommentsPermalink
(b) Role of Federal Agencies- To operate the Civilian Conservation Corps, the President may utilize existing Federal departments and agencies, including the Department of Labor, the Department of Defense, the National Guard Bureau, the Department of Interior, the Department of Agriculture, the Army Corps of Engineers, the Department of Transportation, the Department of Energy, the Environmental Protection Agency, and Federal governmental corporations.CommentsClose CommentsPermalink
(c) Contract Authority- For the purpose of carrying out the Civilian Conservation Corps, the President may enter into such contracts or agreements with States as may be necessary, including provisions for utilization of existing State administrative agencies.CommentsClose CommentsPermalink
(d) Acquisition of Real Property- The President, or the head of any department or agency authorized by the President to construct any project or to carry on any public works through the Civilian Conservation Corps, may acquire real property for such project or public work by purchase, donation, condemnation, or otherwise.CommentsClose CommentsPermalink
(e) Employment Preference- If amounts appropriated to carry out a Civilian Conservation Corps for a fiscal year will be insufficient to employ all of the citizens of the United States who are seeking or likely to seek employment in the Civilian Conservation Corps, while also continuing the employment of current employees who desire to remain in the Civilian Conservation Corps, the President shall employ additional persons in the Civilian Conservation Corps in the following order of preference:CommentsClose CommentsPermalink
(1) Unemployed veterans of the Armed Forces and unemployed members of the reserve components of the Armed Forces.CommentsClose CommentsPermalink
(2) Unemployed citizens who have exhausted their entitlement to unemployment compensation.CommentsClose CommentsPermalink
(3) Unemployed citizens, who immediately before employment in the Civilian Conservation Corps, are eligible for unemployment compensation payable under any State law or Federal unemployment compensation law, including any additional compensation or extended compensation under such laws.CommentsClose CommentsPermalink
(4) Other interested citizens.CommentsClose CommentsPermalink
(f) Authorization of Appropriations-CommentsClose CommentsPermalink
(1) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the President $16,000,000,000 for each of fiscal years 2012 through 2015 to establish and operate a Civilian Conservation Corps.CommentsClose CommentsPermalink
(2) USE OF UNOBLIGATED FUNDS APPROPRIATED FOR PUBLIC WORKS-CommentsClose CommentsPermalink
(A) USE OF EXISTING FUNDS- The President may use any moneys previously appropriated for public works and unobligated as of the date of the enactment of this Act to establish and operate a Civilian Conservation Corps.CommentsClose CommentsPermalink
(B) USE TO RELIEVE UNEMPLOYMENT- Not less than 80 percent of the funds utilized pursuant to subparagraph (A) must be used to provide for the employment of individuals in the Civilian Conservation Corps.CommentsClose CommentsPermalink
(C) EXCEPTIONS- Subparagraph (A) does not apply to--CommentsClose CommentsPermalink
(i) unobligated moneys appropriated for public works on which actual construction has been commenced as of the date of the enactment of this Act or may be commenced within 90 days after that date; andCommentsClose CommentsPermalink
(ii) maintenance funds for river and harbor improvements already allocated as of the date of the enactment of this Act.CommentsClose CommentsPermalink
(3) DURATION OF AVAILABILITY- Amounts appropriated pursuant to the authorization of appropriations in paragraph (1) or made available under paragraph (2) shall remain available until expended.CommentsClose CommentsPermalink
PART 4--NEIGHBORHOOD HEROES CORPS
SEC. 1081. TEACHER CORPS.
(a) Purpose- It is the purpose of this section to provide for the retention, rehiring, and hiring of 300,000 education jobs.CommentsClose CommentsPermalink
(b) Authorization and Appropriation- There are authorized to be appropriated and there are appropriated out of any money in the Treasury not otherwise obligated for necessary expenses for a Teacher Corps, $20,000,000,000 for each of fiscal years 2012 and 2013: Provided, That the amount under this section shall be administered under the terms and conditions of sections 14001 through 14013 and title XV of division A of the American Recovery and Reinvestment Act of 2009 (
(1) ALLOCATION OF FUNDS-CommentsClose CommentsPermalink
(A) Funds appropriated under this section shall be available only for allocation by the Secretary of Education (in this section referred to as the Secretary) in accordance with subsections (a), (b), (d), (e), and (f) of section 14001 of division A of
(B) Prior to allocating funds to States under section 14001(d) of division A of
(2) RESERVATION- A State that receives an allocation of funds appropriated under this section may reserve not more than 1 percent for the administrative costs of carrying out its responsibilities with respect to those funds.CommentsClose CommentsPermalink
(3) AWARDS TO LOCAL EDUCATIONAL AGENCIES-CommentsClose CommentsPermalink
(A) Except as specified in paragraph (2), an allocation of funds to a State shall be used only for awards to local educational agencies for the support of elementary and secondary education in accordance with paragraph (5) for the 2011-2012 and 2012-2013 school years.CommentsClose CommentsPermalink
(B) Funds used to support elementary and secondary education shall be distributed through a State’s primary elementary and secondary funding formulae or based on local educational agencies’ relative shares of funds under part A of title I of the Elementary and Secondary Education Act of 1965 (
(C) Subsections (a) and (b) of section 14002 of division A of
(4) COMPLIANCE WITH EDUCATION REFORM ASSURANCES- For purposes of awarding funds appropriated under this section, any State that has an approved application for Phase II of the State Fiscal Stabilization Fund that was submitted in accordance with the application notice published in the Federal Register on November 17, 2009 (74 Fed. Reg. 59142) shall be deemed to be in compliance with subsection (b) and paragraphs (2) through (5) of subsection (d) of section 14005 of division A of
(5) REQUIREMENT TO USE FUNDS TO RETAIN OR CREATE EDUCATION JOBS- Notwithstanding section 14003(a) of division A of
(A) may be used only for compensation and benefits and other expenses, such as support services, necessary to retain existing employees, to recall or rehire former employees, and to hire new employees, in order to provide early childhood, elementary, or secondary educational and related services; andCommentsClose CommentsPermalink
(B) may not use more than 1 percent of such grant funds for administrative costs.CommentsClose CommentsPermalink
(6) PROHIBITION ON USE OF FUNDS FOR RAINY-DAY FUNDS OR DEBT RETIREMENT- A State that receives an allocation may not use such funds, directly or indirectly, to--CommentsClose CommentsPermalink
(A) establish, restore, or supplement a rainy-day fund;CommentsClose CommentsPermalink
(B) supplant State funds in a manner that has the effect of establishing, restoring, or supplementing a rainy-day fund;CommentsClose CommentsPermalink
(C) reduce or retire debt obligations incurred by the State; orCommentsClose CommentsPermalink
(D) supplant State funds in a manner that has the effect of reducing or retiring debt obligations incurred by the State.CommentsClose CommentsPermalink
(7) SUPPLEMENT, NOT SUPPLANT- Funds made available under this section shall be used to supplement, not supplant, the amount of funds that would, in the absence of the Federal funds made available under this section, be made available from local, State, and Federal sources to provide compensation and other expenses such as support services, necessary to retain existing employees, to recall or rehire former employees, and to hire new employees, in order to provide early childhood, elementary, or secondary educational and related services.CommentsClose CommentsPermalink
(8) DEADLINE FOR AWARD- The Secretary shall award funds appropriated under this section not later than 45 days after the date of the enactment of this Act to States that have submitted applications meeting the requirements applicable to funds under this section. The Secretary shall not require information in applications beyond what is necessary to determine compliance with applicable provisions of law.CommentsClose CommentsPermalink
(9) ALTERNATE DISTRIBUTION OF FUNDS- If, within 30 days after the date of the enactment of this Act, a Governor has not submitted an approvable application, the Secretary shall provide for funds allocated to that State to be distributed to another entity or other entities in the State (notwithstanding section 14001(e) of division A of
(10) LOCAL EDUCATIONAL AGENCY APPLICATION- Section 442 of the General Education Provisions Act shall not apply to a local educational agency that has previously submitted an application to the State under title XIV of division A of
(11) MAINTENANCE OF EFFORT-CommentsClose CommentsPermalink
(A) IN GENERAL- Subject to subparagraph (B), a local educational agency may receive a grant under this part for any fiscal year only if either the combined fiscal effort per student or the aggregate expenditures of the agency and the State involved with respect to the provision of free public education by the agency for the preceding fiscal year was not less than 90 percent of the combined fiscal effort or aggregate expenditures for the second preceding fiscal year.CommentsClose CommentsPermalink
(B) WAIVER- The Secretary shall waive the requirements of this section if the Secretary determines that a waiver would be equitable due to--CommentsClose CommentsPermalink
(i) exceptional or uncontrollable circumstances, such as a natural disaster; orCommentsClose CommentsPermalink
(ii) a precipitous decline in the financial resources of the local educational agency.CommentsClose CommentsPermalink
(C) ARRA PROVISION NOT APPLICABLE- Section 14005(d)(1) and subsections (a) through (c) of section 14012 of division A of
SEC. 1082. APPROPRIATION OF ADDITIONAL FUNDS FOR COMMUNITY ORIENTED POLICING SERVICES.
(a) Purpose- It is the purpose of this section to provide for the hiring and rehiring of an additional 40,000 State, local, and tribal career law enforcement officers through the Community Oriented Policing Services program under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (
(b) Authorization and Appropriation of Additional Amounts- There are authorized to be appropriated, and there are hereby appropriated, out of amounts in the Treasury not otherwise appropriated, to the Attorney General $5,000,000,000 for each of the fiscal years 2012 and 2013 for grants under section 1701(b)(1) and (2) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (
(c) Relation to Other Funds for COPS- Amounts appropriated by subsection (b) are in addition to amounts appropriated pursuant to the authorization of appropriations in section 1001(a)(11) of the Omnibus Crime Control and Safe Streets Act of 1968 (
(d) Expedited Obligation of Funds- Not later than 90 days after the date of the enactment of this Act, the Attorney General shall commence obligation of the funds appropriated by subsection (b) for fiscal year 2012 by utilizing the pool of applicants who submitted applications for fiscal year 2011 grants under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (
(e) Waiver of Certain Requirements- Notwithstanding any other provision of law, subsection (g) of section 1701 of the Omnibus Crime Control and Safe Streets Act of 1968 (
SEC. 1083. FIREFIGHTERS CORPS.
(a) Purpose- It is the purpose of this section to provide for the hiring and rehiring of an additional 12,000 firefighters through section 34 of the Federal Fire Prevention and Control Act of 1974 (
(b) Amendment Authorizing Funds- Section 34(i) of the Federal Fire Prevention and Control Act of 1974 (
(1) in paragraph (6) by striking ‘and’;CommentsClose CommentsPermalink
(2) in paragraph (7) by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(8) $1,200,000,000 for fiscal year 2012; andCommentsClose CommentsPermalink
‘(9) $1,200,000,000 for fiscal year 2013.’.CommentsClose CommentsPermalink
(c) Appropriation-CommentsClose CommentsPermalink
(1) IN GENERAL- There is hereby appropriated out of any money in the Treasury not otherwise appropriated $1,200,000,000 for each of the fiscal years 2012 and 2013 to carry out section 34 of the Federal Fire Prevention and Control Act of 1974 (
(2) LIMITATION- None of the funds made available under paragraph (1) of this subsection may be used to enforce the requirements of subparagraphs (A), (B), or (E) of subsection (a)(1) or paragraphs (1), (2), or (4)(A) of subsection (c) of such section 34.CommentsClose CommentsPermalink
(d) Expedited Obligation of Funds- Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall commence obligation of the funds appropriated by subsection (c) for fiscal year 2012 by utilizing the pool of applicants who submitted applications for fiscal year 2011 grants under section 34 of the Federal Fire Prevention and Control Act of 1974 but did not receive funding under such section for such fiscal year for hiring and rehiring of additional firefighters. If the number of such fiscal year 2011 applicants is insufficient to use the entire amount of the additional funds appropriated for fiscal year 2012, the Secretary of Homeland Security shall announce an open solicitation process for new applications for grants, to be submitted in accordance with the requirements of such section 34.CommentsClose CommentsPermalink
PART 5--HEALTH CARE CORPS
SEC. 1091. PURPOSE.
It is the purpose of this part to provide for the creation of a grant to hire at least 40,000 health care and long-term care professionals to expand access to care.CommentsClose CommentsPermalink
SEC. 1092. HEALTH CARE AND LONG-TERM CARE PROVIDERS.
Part D of title III of the Public Health Service Act is amended by inserting after subpart III (
‘Subpart IV--Hiring and Retaining Additional Health Care and Long-Term Care Professionals
‘SEC. 338N. HIRING AND RETAINING ADDITIONAL HEALTH CARE AND LONG-TERM CARE PROFESSIONALS.
‘(a) In General- The Secretary may provide financial assistance to health care or long-term care providers to pay all or part of the costs of hiring and retaining health care or long-term care professionals in addition to the professionals who, but for such assistance, would be hired and retained.CommentsClose CommentsPermalink
‘(b) Eligible Assistance Recipients- Health care and long-term care providers eligible for assistance under subsection (a) include the following:CommentsClose CommentsPermalink
‘(1) A health care or long-term care provider serving a health professional shortage area designated under section 332.CommentsClose CommentsPermalink
‘(2) A Federally qualified health center (as defined in section 1861(aa) of the Social Security Act).CommentsClose CommentsPermalink
‘(3) A rural health clinic.CommentsClose CommentsPermalink
‘(4) A health care or long-term care provider that receives payment under title XVIII of the Social Security Act or under a State plan or State child health plan under title XIX or XXI, respectively, of such Act.CommentsClose CommentsPermalink
‘(5) A public hospital.CommentsClose CommentsPermalink
‘(6) A public health agency.CommentsClose CommentsPermalink
‘(7) A nursing home or long-term care facility.CommentsClose CommentsPermalink
‘(8) An intermediate care or developmentally disabled facility.CommentsClose CommentsPermalink
‘(9) A critical access hospital.CommentsClose CommentsPermalink
‘(10) A school-based health center.CommentsClose CommentsPermalink
‘(11) A university or college mental health facility.CommentsClose CommentsPermalink
‘(12) An Indian health program or facility operated by an Indian tribe or tribal organization.CommentsClose CommentsPermalink
‘(13) A correctional facility.CommentsClose CommentsPermalink
‘(c) Eligible Health Professionals- Health care and long-term care professionals who may be hired or retained using assistance provided under this section include the following:CommentsClose CommentsPermalink
‘(1) Dentists.CommentsClose CommentsPermalink
‘(2) Certified nurse midwives.CommentsClose CommentsPermalink
‘(3) Psychologists.CommentsClose CommentsPermalink
‘(4) Licensed clinical social workers.CommentsClose CommentsPermalink
‘(5) Licensed professional counselors.CommentsClose CommentsPermalink
‘(6) Marriage and family therapists.CommentsClose CommentsPermalink
‘(7) Nurse practitioners, including those specializing in psychiatry.CommentsClose CommentsPermalink
‘(8) Nurses, including advanced practice nurses.CommentsClose CommentsPermalink
‘(9) Physicians, including osteopathic physicians.CommentsClose CommentsPermalink
‘(10) Physician assistants, including those specializing in psychiatry.CommentsClose CommentsPermalink
‘(11) Psychiatric nurse specialists.CommentsClose CommentsPermalink
‘(12) Registered dental hygienists.CommentsClose CommentsPermalink
‘(13) Community health workers.CommentsClose CommentsPermalink
‘(14) Occupational and physical therapists.CommentsClose CommentsPermalink
‘(15) Optometrists.CommentsClose CommentsPermalink
‘(16) Certified nursing assistants.CommentsClose CommentsPermalink
‘(17) Direct care workers.CommentsClose CommentsPermalink
‘(d) Application Process-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Secretary shall--CommentsClose CommentsPermalink
‘(A) not later than 60 days after the date of the enactment of this section, solicit applications for financial assistance under this section;CommentsClose CommentsPermalink
‘(B) require that any such application be submitted--CommentsClose CommentsPermalink
‘(i) not later than 90 days after the date of the enactment of this section; andCommentsClose CommentsPermalink
‘(ii) in such manner and containing such information as the Secretary may require; andCommentsClose CommentsPermalink
‘(C) not later than 120 days after the date of the enactment of this section, determine which such applications will be approved and provide notice of such determination to the applicants.CommentsClose CommentsPermalink
‘(2) COMPLIANCE WITH LABOR AND WORKPLACE LAWS- As a condition on eligibility for financial assistance under this section, an application under paragraph (1) shall demonstrate to the Secretary’s satisfaction that the applicant has a record of compliance, and is currently in compliance, with Federal, State, and local labor and workplace laws, including Federal, State, and local laws--CommentsClose CommentsPermalink
‘(A) relevant to hiring and retaining health care or long-term care professionals, such as laws--CommentsClose CommentsPermalink
‘(i) requiring background checks in connection with hiring;CommentsClose CommentsPermalink
‘(ii) requiring such professionals to be licensed or certified; orCommentsClose CommentsPermalink
‘(iii) limiting the scope of practice;CommentsClose CommentsPermalink
‘(B) concerning wage and hour, labor relations, family and medical leave, occupational safety and health, or living wage standards; orCommentsClose CommentsPermalink
‘(C) concerning other terms and conditions of employment such as the availability of sick, vacation, and retirement benefits and the existence of grievance procedures and labor-management committees.CommentsClose CommentsPermalink
‘(e) Authorization and Appropriation of Additional Amounts- To carry out this section, there are authorized to be appropriated, and there are hereby appropriated to the Department of Health and Human Services, out of amounts in the Treasury not otherwise appropriated, $4,000,000,000 for each of fiscal years 2012 and 2013.’.CommentsClose CommentsPermalink
SEC. 1093. SUPPLEMENT, NOT SUPPLANT.
A health care or long-term care provider receiving a grant under this part shall use such Federal funds only to supplement and not supplant the amount of funds that would, in the absence of such Federal funds, be available for hiring and retaining health care or long-term care professionals.CommentsClose CommentsPermalink
PART 6--COMMUNITY CORPS
SEC. 1101. PURPOSE.
It is the purpose of this part to provide for the creation of an additional 750,000 jobs through funding to States and units of general local government to establish and administer a Community Corps.CommentsClose CommentsPermalink
SEC. 1102. COMMUNITY CORPS.
(a) Funding- There are authorized to be appropriated and there are appropriated out of any money in the Treasury not otherwise obligated for necessary expenses to the Secretary of Labor, in consultation with the Secretary of Housing and Urban Development, to provide to States and units of general local government to establish and administer a Community Corps, $30,000,000,000 for each of fiscal years 2012 and 2013.CommentsClose CommentsPermalink
(b) Allotment Formula-CommentsClose CommentsPermalink
(1) RESERVATIONS BY THE SECRETARY- Of the amount appropriated under subsection (a) for each fiscal year, the Secretary may reserve--CommentsClose CommentsPermalink
(A) not more than 1 percent to administer this part;CommentsClose CommentsPermalink
(B) not more than 0.5 percent to award grants, on a competitive basis, to Indian tribes for purposes of this part.CommentsClose CommentsPermalink
(2) MAKING FUNDS AVAILABLE FOR ALLOTMENT BY THE SECRETARY- Of the amounts appropriated under subsection (a) and not reserved under paragraph (1) of this subsection, the Secretary shall allot the amounts for each fiscal year as follows:CommentsClose CommentsPermalink
(A) Seventy percent to entitlement communities, of which the Secretary shall allot--CommentsClose CommentsPermalink
(i) 25 percent by allotting to each entitlement community an amount which bears the same ratio to the total amount to be allotted under this clause as the population of the entitlement community bears to the total population of all entitlement communities;CommentsClose CommentsPermalink
(ii) 25 percent by allotting each entitlement community an amount which bears the same ratio to the total amount to be allotted under this clause as the extent of poverty in the entitlement community bears to the extent of poverty in all entitlement communities; andCommentsClose CommentsPermalink
(iii) 50 percent by allotting to each entitlement community in an amount which bears the same ratio to the total to be allotted under this clause as the number of unemployed individuals in the entitlement community bears to the total number of unemployed individuals in all entitlement communities.CommentsClose CommentsPermalink
(B) Thirty percent to States, of which the Secretary shall allot--CommentsClose CommentsPermalink
(i) 25 percent by allotting to each State an amount which bears the same ratio to the total amount to be allotted under this clause as the population of the State bears to the total population of all States;CommentsClose CommentsPermalink
(ii) 25 percent by allotting to each State an amount which bears the same ratio to the total amount to be allotted under this clause as the extent of poverty in the State bears to the extent of poverty in all States; andCommentsClose CommentsPermalink
(iii) 50 percent by allotting to each State an amount which bears the same ratio to the total amount to be allotted under this clause as the number of unemployed individuals in the State bears to the total number of unemployed individuals in all States.CommentsClose CommentsPermalink
(3) RESERVATION AND ALLOTMENTS BY STATES-CommentsClose CommentsPermalink
(A) RESERVATION- Of the amount of funds allotted to a State under paragraph (2)(B) for each fiscal year, a State may reserve not more than 50 percent to carry out a State-wide Community Corps.CommentsClose CommentsPermalink
(B) ALLOTMENTS BY STATES- A State shall provide all of the funds allotted to the State under paragraph (2)(B) that are not reserved under subparagraph (A) to units of general local government located in nonentitlement areas of the State to employ individuals under the Community Corps program, of which the State shall allot--CommentsClose CommentsPermalink
(i) 25 percent to each such unit in an amount which bears the same ratio to the total amount made available under this clause as the population of the unit bears to the total population of all such units;CommentsClose CommentsPermalink
(ii) 25 percent to each such unit in an amount which bears the same ratio to the total amount made available under this clause as the extent of poverty in the unit bears to the extent of poverty in such units; andCommentsClose CommentsPermalink
(iii) 50 percent to each such unit in an amount which bears the same ratio to the total amount made available under this clause as the number of unemployed individuals in the unit bears to the total number of unemployed individuals in all such units.CommentsClose CommentsPermalink
(4) REALLOCATION- If a State or entitlement community does not apply for an allotment under this section for any fiscal year, or if a State’s or entitlement community’s application is not approved, the Secretary shall reallot such amount to the remaining States or entitlement in accordance with paragraph (2).CommentsClose CommentsPermalink
SEC. 1103. APPLICATION.
(a) In General- Each State or entitlement community desiring to establish a Community Corps under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.CommentsClose CommentsPermalink
(b) Fiscal Year 2012 Requirements- For fiscal year 2012--CommentsClose CommentsPermalink
(1) application requirements shall be released by Secretary within 30 days of enactment of this Act;CommentsClose CommentsPermalink
(2) States and entitlement communities desiring to receive funds under this part for such fiscal year shall submit to the Secretary an application within 60 days of the date of enactment of this Act; andCommentsClose CommentsPermalink
(3) the first allotments under this part shall be awarded by the Secretary not later than 90 days after the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 1104. ACTIVITIES OF THE COMMUNITY CORPS.
(a) Consultation- A chief executive officer of a unit of general local government shall consult with the local community and labor organizations representing employees of such unit in determining the Community Corps positions that should be funded under this part for such unit for each fiscal year.CommentsClose CommentsPermalink
(b) Activities- Each Community Corps funded under this part shall employee individuals to carry out 1 or more of the following activities.CommentsClose CommentsPermalink
(1) ENERGY AUDITS AND CONSERVATION UPGRADES- Perform energy audits of private homes and offer to weatherize them and install attic and crawl-space insulation, low-flow plumbing fixtures, and low-energy lighting fixtures. Provide homeowners with objective information concerning the cost and benefits of more complicated conservation upgrades the homeowners could contract with private firms to install.CommentsClose CommentsPermalink
(2) RECYCLING AND DEMANUFACTURING- Collect categories of recyclables that currently are under-collected (such as electronic components and household paints and chemicals) and perform initial demanufacturing work to reclaim reusable materials.CommentsClose CommentsPermalink
(3) URBAN LAND RECLAMATION AND ADDRESSING BLIGHT- Address the needs of distressed, foreclosure-affected, and natural-disaster affected areas. For vacant or foreclosed buildings, conduct maintenance, board up, or tear down, where appropriate. Salvage materials for recycling. Reclaim vacant land in urban areas for use as neighborhood parks and gardens. Test for the presence of hazardous materials, undertake necessary clean-up work, construct park and/or garden facilities, and establish maintenance programs involving the local community. For community gardens, operate model plantings to promote the project, involve local residents in the work, and provide instruction in urban gardening and farming.CommentsClose CommentsPermalink
(4) RURAL CONSERVATION WORK- In collaboration with activities under the Park Improvement Corps under title III, perform conservation work. Repair and upgrade trail systems in parklands. Construct shelters, bathrooms and recreational facilities. Undertake watercourse cleaning and reclamation projects. With proper training, conduct emergency work in cases of floods or wildfires, or other natural disasters.CommentsClose CommentsPermalink
(5) PUBLIC PROPERTY MAINTENANCE AND BEAUTIFICATION- Under the direction of public entities that own public property (including building interiors and exteriors and landscapes, and including community centers, playgrounds, and libraries), conduct maintenance, beautification, and other improvement projects. Where appropriate, collaborate with projects funded under part 1 of this subtitle (School Improvement Corps).CommentsClose CommentsPermalink
(6) HOUSING REHABILITATION-CommentsClose CommentsPermalink
(A) IN GENERAL- Make improvements in privately owned rental housing units necessary to improve such units so that they comply with the housing quality standards applicable to units assisted under section 8(o) of the United States Housing Act of 1937 (
(i) pays the cost of materials used in the renovation work; andCommentsClose CommentsPermalink
(ii) charges rent for the unit, during the 5-year period beginning upon completion of the rehabilitation pursuant to this paragraph, in an amount not exceeding the fair market rental established under section 8(c) of such Act for a dwelling unit of the same size located in the same market area.CommentsClose CommentsPermalink
(B) FREE OF CHARGE- The Community Corps shall provide all labor required for any rehabilitation pursuant to this paragraph free of charge, except in the case of any major repairs that the Corps lacks the capacity to perform.CommentsClose CommentsPermalink
(7) NEW HOUSING CONSTRUCTION- Construct new homes on abandoned land in poorer communities or the rehabilitate abandoned properties for use as residences, using the self-help homeowner participation model employed by Habitat for Humanity International under which prospective homeowners contribute a significant amount of sweat equity in the construction or rehabilitation of the home. Participating homeowners shall be selected on the basis of inability to otherwise purchase a home in the regular housing market and willingness and capability to assume the responsibilities of homeownership. Construction materials shall be included in the cost of homeownership, but all construction labor shall be furnished free of charge by the Community Corps.CommentsClose CommentsPermalink
(8) OTHER COMMUNITY IMPROVEMENT ACTIVITIES- Other community improvement activities as authorized by the Secretary.CommentsClose CommentsPermalink
SEC. 1105. HIRING AND PREFERENCES.
(a) In General- In hiring individuals for a Community Corps position under this part, a State or unit of general local may only employ unemployed individuals, except in a case of a position (including a managerial position) for which no qualified unemployed individual has applied.CommentsClose CommentsPermalink
(b) Priorities in Recruitment and Hiring- In recruiting and hiring unemployed individuals for positions funded under this part, States and units of general local government shall target recruitment efforts and prioritize hiring with respect to individuals who are--CommentsClose CommentsPermalink
(1) unemployed individuals who have exhausted their entitlement to unemployment compensation;CommentsClose CommentsPermalink
(2) unemployed veterans of the Armed Forces and unemployed members of the reserve components of the Armed Forces;CommentsClose CommentsPermalink
(3) unemployed individuals, who immediately before employment in the Community Corps, are eligible for unemployment compensation payable under any State law or Federal unemployment compensation law, including any additional compensation or extended compensation under such laws;CommentsClose CommentsPermalink
(4) unemployed individuals who are not eligible to receive unemployment compensation because they do not have sufficient wages to meet the minimum qualifications for such compensation; orCommentsClose CommentsPermalink
(5) unemployed young people, including those who have not previously been employed.CommentsClose CommentsPermalink
(c) State Employment Agencies- In hiring for Community Corps positions under this part, a State or unit of general local government shall utilize, among other methods, a State or local employment agencies, such as a one-stop career center or one-stop partner.CommentsClose CommentsPermalink
(d) Notice- Each listing for a position for a Community Corps shall be posted on a State or local employment web site.CommentsClose CommentsPermalink
SEC. 1106. ADDITIONAL REQUIREMENTS FOR STATES AND UNITS OF GENERAL LOCAL GOVERNMENT.
(a) Administrative Expenses- Each State or unit of general local government receiving an allotment under section 1102 may not use more than 5 percent of the allotment for administrative purposes.CommentsClose CommentsPermalink
(b) Compliance With Local Laws and Contracts- In hiring individuals for positions funded under this part, or using administrative funds under this part to continue to provide employee compensation for existing employees, a State or unit of general local government shall comply with all applicable Federal, State, and local laws, personnel policies and regulations, and collective bargaining agreements, as if such individual were hired, or such employee compensation was provided, without assistance under this part.CommentsClose CommentsPermalink
(c) Coordination- To the maximum extent practicable, each State or unit of general local government receiving an allotment under section 1102, shall--CommentsClose CommentsPermalink
(1) integrate education and job skills training, including basic skills instruction and secondary education services;CommentsClose CommentsPermalink
(2) coordinate to the maximum extent feasible with pre-apprenticeship and apprenticeship programs; andCommentsClose CommentsPermalink
(3) provide jobs in sectors where job growth is most likely, as determined by the Secretary, and in which career advancement opportunities exist to maximize long-term, sustainable employment for individuals after employment funded under this subtitle ends.CommentsClose CommentsPermalink
(d) Supplement, Not Supplant- A State or unit of general local government receiving funding under this part shall use such Federal funds only to supplement and not supplant the amount of funds that would, in the absence of such Federal funds, be available to pay the cost of employing individuals to perform the types of work authorized under this part.CommentsClose CommentsPermalink
SEC. 1107. EMPLOYMENT STATUS AND COMPENSATION.
(a) Employee Status-CommentsClose CommentsPermalink
(1) IN GENERAL- An individual hired for a position funded under this part shall--CommentsClose CommentsPermalink
(A) be considered an employee of the State or unit of general local government by which such individual was hired;CommentsClose CommentsPermalink
(B) receive the same employee compensation, have the same rights (including health insurance benefits and paid holidays and vacations) and responsibilities and job classifications, and be subject to the same job standards, employer policies, and collective bargaining agreements as if such individual was hired without assistance under this part; andCommentsClose CommentsPermalink
(C) fill a position that offers full-time, full-year employment.CommentsClose CommentsPermalink
(2) DEFINITIONS- For purposes of this subsection--CommentsClose CommentsPermalink
(A) the term ‘full-time’ when used in relation to employment has the meaning already established or, if the meaning has not been established, determined to be appropriate for purposes of this part, by the State or unit of general local government hiring an individual under this part; andCommentsClose CommentsPermalink
(B) the term ‘full-year’ when used in relation to employment means a position that provides employment for a 12-month period, except that in the case of a position that provides a service required by a State or unit of general local government for only the duration of a school year, the term means a position that provides employment for such duration.CommentsClose CommentsPermalink
(b) Limit on Number of Executive, Administrative, or Professional Positions-CommentsClose CommentsPermalink
(1) UNITS- Of the total number of positions funded under this part for a fiscal year for each State or unit of general local government--CommentsClose CommentsPermalink
(A) not more than 20 percent shall be in a bona fide executive, administrative, or professional capacity; andCommentsClose CommentsPermalink
(B) at least 80 percent shall not be in a bona fide executive, administrative, or professional capacity.CommentsClose CommentsPermalink
(2) DEFINITIONS- For purposes of this subsection, the terms ‘bona fide executive’, ‘bona fide administrative’, and ‘bona fide professional’ when used in relation to capacity shall have the meanings given such terms under section 13(a)(1) of the Fair Labor Standards Act of 1938 (
(c) Total Amount of Compensation- For each fiscal year for which funds are appropriated to carry out this part, each State or unit of general local government that receives funds under this part for any such fiscal year shall use such funds to provide an amount equal to the total amount of employee compensation for individuals hired under this part.CommentsClose CommentsPermalink
(d) Limit on Period of Employment- Notwithstanding any agreement or other provision of law (other than those provisions of law pertaining to civil rights in employment), a State or unit of general local government shall not be obligated to employ the individuals hired under this part or retain the positions filled by such individuals beyond the period for which the State or unit receives funding under this part.CommentsClose CommentsPermalink
SEC. 1108. NONDISPLACEMENT OF EXISTING EMPLOYEES.
(a) In General- A State or unit of general local government may not employ an individual for a position funded under this part, if--CommentsClose CommentsPermalink
(1) employing such individual will result in the layoff or partial displacement (such as a reduction in hours, wages, or employee benefits) of an existing employee of the unit; orCommentsClose CommentsPermalink
(2) such individual will perform the same or substantially similar work that had previously been performed by an employee of the unit who--CommentsClose CommentsPermalink
(A) has been laid off or partially displaced (as such term is described in paragraph (1)); andCommentsClose CommentsPermalink
(B) has not been offered by the unit, to be restored to the position the employee had immediately prior to being laid off or partially displaced.CommentsClose CommentsPermalink
(b) Elimination of Position- For the purposes of this subsection, a position shall be considered to have been eliminated by a State or unit of general local government if the position has remained unfilled and the unit has not sought to fill such position for at least a period of one month.CommentsClose CommentsPermalink
(c) Promotional Opportunities- An individual may not be hired for a position funded under this part in a manner that infringes upon the promotional opportunities of an existing employee (as of the date of such hiring) of a unit receiving funding under this part.CommentsClose CommentsPermalink
SEC. 1109. DISPUTE RESOLUTIONS, WHISTLEBLOWER HOTLINE, AND ENFORCEMENT BY THE SECRETARY.
(a) Establishment of Arbitration Procedure-CommentsClose CommentsPermalink
(1) IN GENERAL- Each unit of general local government that is an entitlement community and each State that receives funding under this part shall agree to the arbitration procedure described in this subsection to resolve disputes described in subsections (b) and (c).CommentsClose CommentsPermalink
(2) WRITTEN GRIEVANCES-CommentsClose CommentsPermalink
(A) IN GENERAL- If an employee (or an employee representative) wishes to use the arbitration procedure described in this subsection, such party shall file a written grievance within the time period required under subsection (b) or (c), as applicable, simultaneously with the chief executive officer of a unit or State involved in the dispute and the Secretary.CommentsClose CommentsPermalink
(B) IN-PERSON MEETING- Not later than 10 days after the date of the filing of the grievance, the chief executive officer (or the designee of the chief executive officer) shall have an in-person meeting with the party to resolve the grievance.CommentsClose CommentsPermalink
(3) ARBITRATION-CommentsClose CommentsPermalink
(A) SUBMISSION- If the grievance is not resolved within the time period described in paragraph (2)(B), a party, by written notice to the other party involved, may submit such grievance to binding arbitration before a qualified arbitrator who is jointly selected and independent of the parties.CommentsClose CommentsPermalink
(B) APPOINTMENT BY SECRETARY- If the parties cannot agree on an arbitrator within 5 days of submitting the grievance to binding arbitration under subparagraph (A), one of the parties may submit a request to the Secretary to appoint a qualified and independent arbitrator. The Secretary shall appoint a qualified and independent arbitrator within 15 days after receiving the request.CommentsClose CommentsPermalink
(C) HEARING- Unless the parties mutually agree otherwise, the arbitrator shall conduct a hearing on the grievance and issue a decision not later than 30 days after the date such arbitrator is selected or appointed.CommentsClose CommentsPermalink
(D) COSTS-CommentsClose CommentsPermalink
(i) IN GENERAL- Except as provided in clause (ii), the cost of an arbitration proceeding shall be divided evenly between the parties to the arbitration.CommentsClose CommentsPermalink
(ii) EXCEPTION- If a grievant prevails under an arbitration proceeding, the unit of general local government or State involved in the dispute shall pay the cost of such proceeding, including attorneys’ fees.CommentsClose CommentsPermalink
(b) Disputes Concerning the Allotment of Funds- In the case where a dispute arises as to whether a unit of general local government that is an entitlement community or State has improperly requested funds for services, an employee or employee representative of the unit or State may file a grievance under subsection (a) not later than 15 days after public notice of an intent to submit an application under section 1103 is published in accordance with paragraph (1)(C) of such section. Upon receiving a copy of the grievance, the Secretary shall withhold the funds subject to such grievance, unless and until the grievance is resolved under subsection (a), by the parties or an arbitrator in favor of providing such funding.CommentsClose CommentsPermalink
(c) All Other Disputes-CommentsClose CommentsPermalink
(1) IN GENERAL- In the case of a dispute not covered under subsection (b) concerning compliance with the requirements of this part by a unit of general local government that is an entitlement community or State receiving funds under this part, an employee or employee representative of the unit or State may file a grievance under subsection (a) not later than 90 days after the dispute arises. In such cases, an arbitrator may award such remedies as are necessary to make the grievant whole, including the reinstatement of a displaced employee or the payment of back wages, and may submit recommendations to the Secretary to ensure further compliance with the requirements of this part, including recommendations to suspend or terminate funding, or to require the repayment of funds received under this part during any period of noncompliance.CommentsClose CommentsPermalink
(2) EXISTING GRIEVANCE PROCEDURES- A party to a dispute described in paragraph (1) may use the existing grievance procedure of a unit or State involved in such dispute, or the arbitration procedure described in this subsection, to resolve such dispute.CommentsClose CommentsPermalink
(d) Party Defined- For purposes of subsections (a), (b), and (c), the term ‘party’ means an employee, employee representative, unit of general local government, or State, involved in a dispute described in subsection (b) or (c).CommentsClose CommentsPermalink
(e) Whistleblower Hotline; Enforcement by the Secretary-CommentsClose CommentsPermalink
(1) WHISTLEBLOWER HOTLINE- The Secretary shall post on a publicly accessible Internet Web site of the Department of Labor the contact information for reporting noncompliance with this part by a State or unit of general local government or individual receiving funding under this part.CommentsClose CommentsPermalink
(2) ENFORCEMENT BY THE SECRETARY-CommentsClose CommentsPermalink
(A) IN GENERAL- If the Secretary receives a complaint alleging noncompliance with this part, the Secretary may conduct an investigation and after notice and an opportunity for a hearing, may order such remedies as the Secretary determines appropriate, including--CommentsClose CommentsPermalink
(i) withholding further funds under this part to a noncompliant entity;CommentsClose CommentsPermalink
(ii) requiring the entity to make an injured party whole; orCommentsClose CommentsPermalink
(iii) requiring the entity to repay to the Secretary any funds received under this part during any period of noncompliance.CommentsClose CommentsPermalink
(B) DEFINITION- For purposes of this paragraph, the term ‘entity’ means State, unit of general local government, or individual.CommentsClose CommentsPermalink
(C) RECOMMENDATION BY AN ARBITRATOR- A remedy described in subparagraph (A) may also be ordered by the Secretary upon recommendation by an arbitrator appointed or selected under this section.CommentsClose CommentsPermalink
SEC. 1110. DEFINITIONS.
In this part:CommentsClose CommentsPermalink
(1) IN GENERAL- The terms ‘city’; ‘extent of poverty’; ‘metropolitan city’; ‘urban county’; ‘nonentitlement area’; ‘population’; and ‘State’ have the meanings given the terms in section 102 of the Housing and Community Development Act of 1974 (
(2) BENEFITS- The term ‘benefits’ has the meaning given the term ‘employment benefits’ in section 101 of the Family and Medical Leave Act of 1993 (
(3) EMPLOYEE COMPENSATION- The term ‘employee compensation’ includes wages and benefits.CommentsClose CommentsPermalink
(4) ENTITLEMENT COMMUNITIES- The term ‘entitlement communities’ includes metropolitan cities and urban counties.CommentsClose CommentsPermalink
(5) INDIAN TRIBE- The term ‘Indian tribe’ has the meaning given the term in section 4(e) of the Indian Self-Determination and Education Assistance Act (
(6) SECRETARY- The term ‘Secretary’ means the Secretary of Labor.CommentsClose CommentsPermalink
(7) UNEMPLOYED INDIVIDUAL- The term ‘unemployed individual’ has the meaning given such term in section 101 of the Workforce Investment Act of 1998 (
(8) UNIT OF GENERAL LOCAL GOVERNMENT- The term ‘unit of general local government’ means any city, county, town, township, parish, village, or other general purpose political subdivision of a State; Guam, the Northern Mariana Islands, the Virgin Islands, and American Samoa, or a general purpose political subdivision thereof; a combination of such political subdivisions that is recognized by the Secretary; and the District of Columbia.CommentsClose CommentsPermalink
(9) VETERAN- The term ‘veteran’ has the meaning given such term in section 101 of the Workforce Investment Act (
(10) WAGE- The term ‘wage’ has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 (
PART 7--CHILD DEVELOPMENT CORPS
SEC. 1121. PURPOSE.
It is the purpose of this part to provide for the creation of an additional 100,000 jobs through the Head Start Act.CommentsClose CommentsPermalink
SEC. 1122. CHILD DEVELOPMENT CORPS.
(a) Amendments to the Head Start Act- The Head Start Act (
(1) by inserting after section 639 the following:CommentsClose CommentsPermalink
‘SEC. 639A. AUTHORIZATION OF APPROPRIATIONS FOR EMPLOYING EARLY HEAD START PROFESSIONAL EMPLOYEES.
‘There is authorized to be appropriated $3,000,000,000 for each of the fiscal years 2012 and 2013 to carry out section 640A.’; andCommentsClose CommentsPermalink
(2) by inserting after section 640 the following:CommentsClose CommentsPermalink
‘SEC. 640A. EMPLOYMENT OF ADDITIONAL INFANT AND TODDLER SPECIALISTS.
‘(a) Employment of Additional Full-Time Infant and Toddler Specialists- Not later than 90 days after the date of the enactment of this Act, the Secretary shall provide funds appropriated under section 639A to Early Head Start programs to pay the cost of employing additional full-time infant and toddler specialists.CommentsClose CommentsPermalink
‘(b) Funds to Supplement Not Supplant- An Early Head Start program that receives funds under subsection (a) shall use such funds only to supplement and not supplant the amount of funds that would, in the absence of such Federal funds, be available to pay the cost of employing additional full-time infant and toddler specialists.’.CommentsClose CommentsPermalink
(b) Appropriation- There is hereby appropriated out of any money in the Treasury not otherwise appropriated $3,000,000,000 for each of the fiscal years 2012 and 2013 to carry out section 640A of the Head Start Act.CommentsClose CommentsPermalink
PART 8--ON-THE-JOB TRAINING
SEC. 1131. APPROPRIATION.
The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, and for the following purposes, namely:CommentsClose CommentsPermalink
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For an additional amount for ‘Training and Employment Services’ for activities under the Workforce Investment Act of 1998 (‘WIA’), $500,000,000 which shall be available for obligation on the date of enactment of this Act, Provided, That such funds shall be used solely for on-the-job training (as such term is defined in section 101(31) of the WIA): Provided further, That $250,000,000 of such amount shall be for such on-the-job training for individuals who reside in local areas that--CommentsClose CommentsPermalink
(1) have a poverty rate of 12 percent or more for each Public Use Microdata Area (PUMA) in such local area; orCommentsClose CommentsPermalink
(2) have an unemployment rate that is 2 percent higher than the national unemployment rate.CommentsClose CommentsPermalink
PART 9--GENERAL PROVISIONS
SEC. 1141. GENERAL REQUIREMENTS FOR ENTITIES RECEIVING FUNDING UNDER THIS SUBTITLE.
(a) Compliance With Existing Laws and Contracts- In hiring individuals for positions funded under this subtitle, or using funds under this subtitle to continue to provide employee compensation for existing employees, a State, unit of general local government, community-based organization, or business shall comply with all applicable Federal, State, and local laws relating to health, safety, civil rights, personnel policies and regulations, labor, and collective bargaining agreements, as if such individual were hired, or such employee compensation was provided, without assistance under this subtitle.CommentsClose CommentsPermalink
(b) Compliance With Federal Civil Rights Laws- Federal civil rights laws described in subsection (a) shall include the following:CommentsClose CommentsPermalink
(1) Title VI of the Civil Rights Act of 1964.CommentsClose CommentsPermalink
(2) Title IX of the Education Amendments of 1972.CommentsClose CommentsPermalink
(3) Sections 503 and 504 of the Rehabilitation Act of 1973.CommentsClose CommentsPermalink
(4) The Age Discrimination Act of 1975.CommentsClose CommentsPermalink
SEC. 1142. REPORTING.
(a) Reports to Secretaries- At the end of fiscal year 2012 and 2013, each State, unit of general local government, community-based organization, or business, or other entity that receives assistance under this subtitle shall submit to the Secretary that provided such assistance a report on the number of jobs created and, if applicable, the projects completed with funding under this subtitle.CommentsClose CommentsPermalink
(b) Reports to Congress- Each Secretary that receives a report under subsection (a) shall provide such reports to Congress not later than July 1, 2014.CommentsClose CommentsPermalink
SEC. 1143. HIRING AND PREFERENCES.
(a) In General- In hiring individuals for positions funded under part 1, part 5, and part 7, an entity described in section 1142 receiving funding under this subtitle may only employ unemployed individuals, except in a case of a position (including a managerial position) for which no qualified unemployed individual has applied.CommentsClose CommentsPermalink
(b) Priorities in Recruitment and Hiring- In recruiting and hiring unemployed individuals for positions described in subsection, the entity shall target recruitment efforts and prioritize hiring with respect to individuals who are--CommentsClose CommentsPermalink
(1) unemployed individuals who have exhausted their entitlement to unemployment compensation;CommentsClose CommentsPermalink
(2) unemployed veterans of the Armed Forces and unemployed members of the reserve components of the Armed Forces;CommentsClose CommentsPermalink
(3) unemployed individuals, who immediately before employment in the programs described in subparagraph (a), are eligible for unemployment compensation payable under any State law or Federal unemployment compensation law, including any additional compensation or extended compensation under such laws;CommentsClose CommentsPermalink
(4) unemployed individuals who are not eligible to receive unemployment compensation because they do not have sufficient wages to meet the minimum qualifications for such compensation; orCommentsClose CommentsPermalink
(5) in the case of employment under subpart B of part 1, unemployed young people, including those who have not previously been employed.CommentsClose CommentsPermalink
(c) Rule of Construction- Nothing in this section shall supersede the qualification requirements under titles I through VII or existing law, such as medical licensure where applicable for health corps or certification for early childhood development workers.CommentsClose CommentsPermalink
SEC. 1144. FLEXIBILITY ON HIRING.
Funding under this subtitle shall be tied to the job created with the funding rather than to the individual awarded the job, and entities receiving funding under this subtitle are authorized to hire new employees to replace an individual that was hired with such funds, but who has left the position.CommentsClose CommentsPermalink
SEC. 1145. NONDISPLACEMENT.
(a) Nondisplacement of Existing Employees-CommentsClose CommentsPermalink
(1) IN GENERAL- An entity described in section 1142 that receives funding under this subtitle may not employ an individual for a position funded under this subtitle, if--CommentsClose CommentsPermalink
(A) employing such individual will result in the layoff or partial displacement (such as a reduction in hours, wages, or employee benefits) of an existing employee of the unit or organization; orCommentsClose CommentsPermalink
(B) such individual will perform the same or substantially similar work that had previously been performed by an employee of the unit or organization who--CommentsClose CommentsPermalink
(i) has been laid off or partially displaced (as such term is described in subparagraph (A)); andCommentsClose CommentsPermalink
(ii) has not been offered by the unit or organization, to be restored to the position the employee had immediately prior to being laid off or partially displaced.CommentsClose CommentsPermalink
(2) ELIMINATION OF POSITION- For the purposes of this subsection, a position shall be considered to have been eliminated by an entity receiving funding under this subtitle if the position has remained unfilled and the unit or organization has not sought to fill such position for at least a period of one month.CommentsClose CommentsPermalink
(3) PROMOTIONAL OPPORTUNITIES- An individual may not be hired for a position funded under this part in a manner that infringes upon the promotional opportunities of an existing employee (as of the date of such hiring) of an entity receiving funding under this subtitle.CommentsClose CommentsPermalink
(b) Nondisplacement of Local Government Services- A business or community-based organization receiving funds under this part may not use such funds to provide services or functions that are customarily provided by a unit of general local government where such services or functions are provided by the organization.CommentsClose CommentsPermalink
(c) Nondisplacement of Local Business- Where appropriate, any unit of government or community-based organizations receiving funds under this subtitle cannot use those funds to provide services or functions that are currently provided by a local business.CommentsClose CommentsPermalink
SEC. 1146. EMPLOYMENT STATUS AND COMPENSATION IN NEW PROGRAMS.
(a) Employee Status- An individual hired for a position funded under part 1, part 5, or part 6, or section 1081 of part 4 shall--CommentsClose CommentsPermalink
(1) be considered an employee of the unit of general local government, business, or community-based organization, by which such individual was hired; andCommentsClose CommentsPermalink
(2) receive the same employee compensation, have the same rights and responsibilities and job classifications, and be subject to the same job standards, employer policies, and collective bargaining agreements as if such individual was hired without assistance under this subtitle.CommentsClose CommentsPermalink
(b) Total Amount of Compensation- For each fiscal year for which funds are appropriated to carry out this subtitle, each unit of general local government, each business, and each community-based organization that receives funds under the provisions described in subsection (a) for any such fiscal year shall use such funds to provide an amount equal to the total amount of employee compensation for the individuals such the entity hired under this subtitle.CommentsClose CommentsPermalink
(c) Limit on Period of Employment- Notwithstanding any agreement or other provision of law (other than those provisions of law pertaining to civil rights in employment), a unit of general local government, business, or community-based organization shall not be obligated to employ the individuals hired under this subtitle or retain the positions filled by such individuals beyond the period for which the unit or organization receives funding under the provisions described in subsection (a).CommentsClose CommentsPermalink
SEC. 1147. DISPUTE RESOLUTIONS, WHISTLEBLOWER HOTLINE, AND ENFORCEMENT BY THE SECRETARY.
(a) Establishment of Arbitration Procedure-CommentsClose CommentsPermalink
(1) IN GENERAL- Each entity that receives funding under this subtitle shall agree to the arbitration procedure described in this subsection to resolve disputes described in subsections (b) and (c).CommentsClose CommentsPermalink
(2) WRITTEN GRIEVANCES-CommentsClose CommentsPermalink
(A) IN GENERAL- If an employee (or an employee representative) wishes to use the arbitration procedure described in this subsection, such party shall file a written grievance within the time period required under subsection (b) or (c), as applicable, simultaneously with the chief executive officer of an entity involved in the dispute and the Secretary of Labor.CommentsClose CommentsPermalink
(B) IN-PERSON MEETING- Not later than 10 days after the date of the filing of the grievance, the chief executive officer (or the designee of the chief executive officer) shall have an in-person meeting with the party to resolve the grievance.CommentsClose CommentsPermalink
(3) ARBITRATION-CommentsClose CommentsPermalink
(A) SUBMISSION- If the grievance is not resolved within the time period described in paragraph (2)(B), a party, by written notice to the other party involved, may submit such grievance to binding arbitration before a qualified arbitrator who is jointly selected and independent of the parties.CommentsClose CommentsPermalink
(B) APPOINTMENT BY SECRETARY- If the parties cannot agree on an arbitrator within 5 days of submitting the grievance to binding arbitration under subparagraph (A), one of the parties may submit a request to the Secretary of Labor to appoint a qualified and independent arbitrator. The Secretary of Labor shall appoint a qualified and independent arbitrator within 15 days after receiving the request.CommentsClose CommentsPermalink
(C) HEARING- Unless the parties mutually agree otherwise, the arbitrator shall conduct a hearing on the grievance and issue a decision not later than 30 days after the date such arbitrator is selected or appointed.CommentsClose CommentsPermalink
(D) COSTS-CommentsClose CommentsPermalink
(i) IN GENERAL- Except as provided in clause (ii), the cost of an arbitration proceeding shall be divided evenly between the parties to the arbitration.CommentsClose CommentsPermalink
(ii) EXCEPTION- If a grievant prevails under an arbitration proceeding, the entity involved in the dispute shall pay the cost of such proceeding, including attorneys’ fees.CommentsClose CommentsPermalink
(b) Disputes Concerning the Allotment of Funds- In the case where a dispute arises as to whether an entity has improperly requested funds for services, an employee or employee representative of entity may file a grievance under subsection (a) not later than 15 days after public notice of an intent to request funds for services. Upon receiving a copy of the grievance, the Secretary of Labor shall withhold the funds subject to such grievance, unless and until the grievance is resolved under subsection (a), by the parties or an arbitrator in favor of providing such funding.CommentsClose CommentsPermalink
(c) All Other Disputes-CommentsClose CommentsPermalink
(1) IN GENERAL- In the case of a dispute not covered under subsection (b) concerning compliance with the requirements of this subtitle by an entity receiving funds under this part, an employee or employee representative of an entity may file a grievance under subsection (a) not later than 90 days after the dispute arises. In such cases, an arbitrator may award such remedies as are necessary to make the grievant whole, including the reinstatement of a displaced employee or the payment of back wages, and may submit recommendations to the Secretary of Labor to ensure further compliance with the requirements of this subtitle, including recommendations to suspend or terminate funding, or to require the repayment of funds received under this part during any period of noncompliance.CommentsClose CommentsPermalink
(2) EXISTING GRIEVANCE PROCEDURES- A party to a dispute described in paragraph (1) may use the existing grievance procedure of an entity involved in such dispute, or the arbitration procedure described in this subsection, to resolve such dispute.CommentsClose CommentsPermalink
(d) Party Defined- For purposes of subsections (a), (b), and (c), the term ‘party’ means an employee, employee representative, or entity involved in a dispute described in subsection (b) or (c).CommentsClose CommentsPermalink
(e) Whistleblower Hotline; Enforcement by the Secretary-CommentsClose CommentsPermalink
(1) WHISTLEBLOWER HOTLINE- The Secretary of Labor shall post on a publicly accessible Internet Web site of the Department of Labor the contact information for reporting noncompliance with this part by a State, unit of general local government, community-based organization, business, or individual receiving funding under this part.CommentsClose CommentsPermalink
(2) ENFORCEMENT BY THE SECRETARY-CommentsClose CommentsPermalink
(A) IN GENERAL- If the Secretary of Labor receives a complaint alleging noncompliance with this subtitle, the Secretary may conduct an investigation and after notice and an opportunity for a hearing, may order such remedies as the Secretary of Labor determines appropriate, including--CommentsClose CommentsPermalink
(i) withholding further funds under this part to a noncompliant entity;CommentsClose CommentsPermalink
(ii) requiring the entity to make an injured party whole; orCommentsClose CommentsPermalink
(iii) requiring the entity to repay to the Secretary of Labor any funds received under this part during any period of noncompliance.CommentsClose CommentsPermalink
(B) RECOMMENDATION BY AN ARBITRATOR- A remedy described in subparagraph (A) may also be ordered by the Secretary of Labor upon recommendation by an arbitrator appointed or selected under this section.CommentsClose CommentsPermalink
SEC. 1148. TERMINATION.
Programs and funding authorized under this subtitle shall be phased-out over a 90-day period if national unemployment, as measured by the Bureau of Labor Statistics, falls under 5 percent. Such phase-out shall ensure that--CommentsClose CommentsPermalink
(1) an individual hired under this subtitle shall not be fired prematurely;CommentsClose CommentsPermalink
(2) projects funded under this subtitle shall be continued until completion; andCommentsClose CommentsPermalink
(3) an individual hired under this subtitle may be replaced when such individual leaves the position for which the individual was hired.CommentsClose CommentsPermalink
Subtitle B--Buy American Enhancement Act of 2011CommentsClose CommentsPermalink
Subtitle B--Buy American Enhancement Act of 2011CommentsClose CommentsPermalink
SEC. 1201. SHORT TITLE.
This subtitle may be cited as the ‘The Buy American Enhancement Act of 2011’.CommentsClose CommentsPermalink
SEC. 1202. DOMESTIC CONTENT REQUIREMENT FOR THE BUY AMERICAN ACT.
(a) Substantially All Defined-
(1) by redesignating paragraph (2) as paragraph (3); andCommentsClose CommentsPermalink
(2) by inserting after paragraph (1) the following new paragraph:CommentsClose CommentsPermalink
‘(2) SUBSTANTIALLY ALL- Articles, materials, or supplies shall be treated as made substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States if the cost of the domestic components of such articles, materials, or supplies exceeds 75 percent of the total cost of all components of such articles, materials, or supplies.’.CommentsClose CommentsPermalink
(b) Effective Date- The amendment made by subsection (a) shall take effect not later than 180 days after the date of the enactment of this subtitle.CommentsClose CommentsPermalink
SEC. 1203. REQUIREMENT FOR INDIRECT CONTRACTS TO COMPLY WITH THE BUY AMERICAN ACT.
(a) Contract Requirement- The head of each Federal agency shall ensure that each contract described in subsection (b) awarded by such Federal agency includes a provision requiring any articles, materials, and supplies provided under the contract to comply with chapter 83 of title 41, United States Code (popularly referred to as the ‘Buy American Act’), subject to the exceptions to that chapter provided in the Trade Agreements Act of 1979 (
(b) Contracts Described- The contracts described in this subsection include each of the following:CommentsClose CommentsPermalink
(1) Housing leases, including military housing provided by a private entity.CommentsClose CommentsPermalink
(2) Power purchase agreements.CommentsClose CommentsPermalink
(3) Enhanced-use leases.CommentsClose CommentsPermalink
(4) Energy savings performance contracts.CommentsClose CommentsPermalink
(5) Utility energy service contracts.CommentsClose CommentsPermalink
SEC. 1204. BUY AMERICAN WAIVER REPORTING REQUIREMENT.
(a) Waiver Defined-
‘(4) WAIVER- The term ‘waiver’ means, with respect to the acquisition of an article, material, or supply for public use, the inapplicability of this chapter to the acquisition by reason of any of the following:CommentsClose CommentsPermalink
‘(A) A determination by the head of the Federal agency concerned that the acquisition is inconsistent with the public interest.CommentsClose CommentsPermalink
‘(B) A determination by the head of the Federal agency concerned that the cost of the acquisition is unreasonable.CommentsClose CommentsPermalink
‘(C) Use outside of the United States.CommentsClose CommentsPermalink
‘(D) A determination by the head of the Federal agency concerned that the article, material, or supply is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.CommentsClose CommentsPermalink
‘(E) Procured under a contract with an award value that is not more than the micro-purchase threshold under section 1902 of this title.CommentsClose CommentsPermalink
‘(F) An exception under the Trade Agreements Act of 1979 (
19 U.S.C. 2501 et seq.).CommentsClose CommentsPermalink‘(G) Any other exception otherwise provided by law.’.CommentsClose CommentsPermalink
(b) Waiver Reporting Requirement-
‘(c) Waiver Reporting Requirement- The head of each Federal agency shall establish a location on the website of such agency for the publication of waivers accessible by the public and shall publish a list at such location of each waiver granted under this chapter not later than 30 days after such waiver is granted.’.CommentsClose CommentsPermalink
(c) Effective Date- The amendments made by this section shall take effect not later than 180 days after the date of the enactment of this subtitle.CommentsClose CommentsPermalink
SEC. 1205. IMPLEMENTATION THROUGH THE FEDERAL ACQUISITION REGULATION.
Not later than 180 days after the date of the enactment of this subtitle, the Federal Acquisition Regulation shall be revised as necessary to implement the provisions of this subtitle.CommentsClose CommentsPermalink
SEC. 1206. DEFINITIONS.
In this subtitle:CommentsClose CommentsPermalink
(1) ENERGY SAVINGS PERFORMANCE CONTRACT- The term ‘energy savings performance contract’ has the meaning given that term under section 436.31 of title 10, Code of Federal Regulations.CommentsClose CommentsPermalink
(2) FEDERAL AGENCY- The term ‘Federal agency’ means any executive agency (as defined in
Subtitle C--Fairness and Transparency in Contracting Act of 2011CommentsClose CommentsPermalink
Subtitle C--Fairness and Transparency in Contracting Act of 2011CommentsClose CommentsPermalink
SEC. 1301. SHORT TITLE.
This subtitle may be cited as the ‘Fairness and Transparency in Contracting Act of 2011’.CommentsClose CommentsPermalink
SEC. 1302. DEFINITIONS.
In this subtitle--CommentsClose CommentsPermalink
(1) the terms ‘Administration’ and ‘Administrator’ mean the Small Business Administration and the Administrator thereof, respectively;CommentsClose CommentsPermalink
(2) the term ‘parent company’, relating to a business concern, means a person other than an individual that owns not less than 51 percent of that business concern;CommentsClose CommentsPermalink
(3) the terms ‘small business concern’, ‘small business concern owned and controlled by veterans’, ‘small business concern owned and controlled by service-disabled veterans’, and ‘small business concern owned and controlled by women’ have the meanings given those terms in section 3 of the Small Business Act (
(4) the term ‘small business concern owned and controlled by socially and economically disadvantaged individuals’ has the meaning given that term in section 8(d)(3)(C) of the Small Business Act (
SEC. 1303. PURPOSE.
The purpose of this subtitle is to modify the definitions relating to whether a business concern qualifies as a small business concern to establish additional requirements that ensure that no publically traded business concern, subsidiary of a publically traded business concern, foreign-owned business concern, or subsidiary of a foreign-owned business concern is considered a small business concern for the purpose of Federal Government contracting and subcontracting, including for procurement goals.CommentsClose CommentsPermalink
SEC. 1304. DEFINITION OF SMALL BUSINESS CONCERN AND STATUS REVIEW.
Section 3(a) of the Small Business Act (
‘(6) Independently Owned and Operated-CommentsClose CommentsPermalink
‘(A) IN GENERAL- In this subsection, the term ‘independently owned and operated’ does not include a business concern--CommentsClose CommentsPermalink
‘(i) that is--CommentsClose CommentsPermalink
‘(I) an issuer of a class of securities registered or that is required to be registered pursuant to section 12 of the Securities Exchange Act of 1934 (
15 U.S.C. 78l ) or that is required to file reports pursuant to section 15(d) of that Act (15 U.S.C. 78o(d) ); orCommentsClose CommentsPermalink‘(II) owned by an entity that is an issuer of a class of securities registered or that is required to be registered pursuant to section 12 of the Securities Exchange Act of 1934 (
15 U.S.C. 78l ) or that is required to file reports pursuant to section 15(d) of that Act (15 U.S.C. 78o(d) ); orCommentsClose CommentsPermalink‘(ii) more than 50 percent of which is owned, directly or indirectly, by one or more individuals that are not United States citizens.CommentsClose CommentsPermalink
‘(B) ENTITIES- In determining ownership of a business concern, any interest in the business concern that is owned by a person that is not an individual (including a corporation, partnership, estate, or trust) shall be considered owned proportionately by or for the individuals that own that person.’.CommentsClose CommentsPermalink
SEC. 1305. NOTIFICATION.
(a) In General- Not later than 6 months after the date of enactment of this subtitle, the Administrator shall notify the head of each Federal department or agency regarding this subtitle and the amendments made by this subtitle.CommentsClose CommentsPermalink
(b) To Contractors- Not later than 6 months after receiving notice under subsection (a), the head of a Federal department or agency shall notify any contractor of that department or agency regarding this subtitle and the amendments made by this subtitle.CommentsClose CommentsPermalink
SEC. 1306. REPORTING.
(a) In General- Not later than 6 months after the end of each fiscal year, the Administrator shall publish a report regarding prime contracts with the Federal Government awarded to business concerns that were identified as small business concerns for the purposes of achieving the small business contracting goals of the Federal Government during the previous fiscal year.CommentsClose CommentsPermalink
(b) Contents-CommentsClose CommentsPermalink
(1) IN GENERAL- Each report under subsection (a) shall, for the fiscal year before the year in which that report is published, include--CommentsClose CommentsPermalink
(A) the name of each small business concern, small business concern owned and controlled by socially and economically disadvantaged individuals, small business concern owned and controlled by women, small business concern owned and controlled by veterans, and small business concern owned and controlled by service-disabled veterans that was awarded a prime contract with the Federal Government; andCommentsClose CommentsPermalink
(B) for each small business concern described in subparagraph (A), the total dollar amount of prime contracts with the Federal Government awarded to that small business concern in descending order.CommentsClose CommentsPermalink
(2) PARENT COMPANIES- If a small business concern described in paragraph (1)(A) has a parent company, the Administrator shall report information relating to any prime contract with the Federal Government of that small business concern under the name of that parent company.CommentsClose CommentsPermalink
(c) Availability- The Administrator shall make each report under subsection (a) available on the Web site of the Administration in a manner that is easily accessible by members of the public.CommentsClose CommentsPermalink
SEC. 1307. LIST OF CONTRACTORS.
(a) In General- Each Federal department and agency shall publish on the Web site of that department or agency a list of each business concern that received a contract award because that business concern was identified as a small business concern.CommentsClose CommentsPermalink
(b) List Contents- A list published under subsection (a) shall--CommentsClose CommentsPermalink
(1) list business concerns in the order of the total amount in dollars of contracts between the Federal Government and that business concern, beginning with the largest total value;CommentsClose CommentsPermalink
(2) include the total amount in dollars of contracts between the Federal Government and each business concern on such list; andCommentsClose CommentsPermalink
(3) include the name of any parent company of a business concern on such list.CommentsClose CommentsPermalink
SEC. 1308. CONTRACTING DATABASES.
The Administrator shall, by regulation, establish procedures to ensure that the Central Contractor Registration database and any successor database provide an adequate warning regarding criminal penalties established under section 16(d) of the Small Business Act (
SEC. 1309. ENFORCEMENT.
(a) Complaints-CommentsClose CommentsPermalink
(1) IN GENERAL- Any person may file a complaint with the Administrator and the head of the affected department or agency about the classification of a business concern as a small business concern and the Administrator and the head of the affected department or agency shall resolve any complaint filed under this paragraph in a timely manner.CommentsClose CommentsPermalink
(2) REPORTS- The Administrator shall annually submit to Congress a report describing any complaints described in paragraph (1) that were filed during the relevant year and the resolution of any such complaint.CommentsClose CommentsPermalink
(b) Debarment- The head of each Federal department or agency shall issue or amend the contracting rules and regulations for that department or agency to ensure that a business concern shall be debarred from receiving a Federal contract for a period of not less than 5 years if that business concern--CommentsClose CommentsPermalink
(1) fraudulently represents that it is a small business concern as part of a bid for a small business contract with that department or agency; orCommentsClose CommentsPermalink
(2) violates this subtitle or an amendment made by this subtitle.CommentsClose CommentsPermalink
Subtitle D--National Infrastructure Development Bank Act of 2011CommentsClose CommentsPermalink
Subtitle D--National Infrastructure Development Bank Act of 2011CommentsClose CommentsPermalink
SEC. 1401. SHORT TITLE.
This subtitle may be cited as the ‘National Infrastructure Development Bank Act of 2011’.CommentsClose CommentsPermalink
SEC. 1402. FINDINGS.
Congress finds the following:CommentsClose CommentsPermalink
(1) According to the American Society of Civil Engineers, the current condition of the infrastructure in the United States earns a grade point average of D, and an estimated $2,200,000,000,000 investment is needed over the next 5 years to meet adequate conditions.CommentsClose CommentsPermalink
(2) According to the National Surface Transportation Policy and Revenue Study Commission, $225,000,000,000 is needed annually from all sources for the next 50 years to upgrade our surface transportation system to a state of good repair and create a more advanced system.CommentsClose CommentsPermalink
(3) The Environmental Protection Agency projects that--CommentsClose CommentsPermalink
(A) $334,000,000,000 is needed to invest in infrastructure improvements over 20 years to ensure the provision of safe water; andCommentsClose CommentsPermalink
(B) $202,500,000,000 is needed for publicly owned wastewater systems-related infrastructure needs over 20 years.CommentsClose CommentsPermalink
(4) According to the Edison Electric Institute, the electric power industry will need to invest $298,000,000,000 in the Nation’s transmission system by 2030 in order to maintain reliable service.CommentsClose CommentsPermalink
(5) According to the American Council on Renewable Energy, renewable energy could provide up to 635 gigawatts of new electricity generating capacity by 2025, a substantial contribution and potentially more than the Nation’s need for new capacity, according to the United States Energy Information Administration.CommentsClose CommentsPermalink
(6) According to the United States Green Building Council, United States buildings account for nearly 39 percent of primary energy use and 38 percent of carbon emissions.CommentsClose CommentsPermalink
(7) According to the Organization for Economic Cooperation and Development (OECD), the United States ranks 14th among OECD nations in broadband access per 100 inhabitants.CommentsClose CommentsPermalink
(8) Although grant programs of the Government must continue to play a central role in financing the transportation, environment, energy, and telecommunications infrastructure needs of the United States, current and foreseeable demands on existing Federal, State, and local funding for infrastructure expansion exceed the resources to support these programs by margins wide enough to prompt serious concerns about the United States’ ability to sustain long-term economic development, productivity, and international competitiveness.CommentsClose CommentsPermalink
(9) The capital markets, including central banks, pension funds, financial institutions, sovereign wealth funds, and insurance companies, have a growing interest in infrastructure investment. The establishment of a United States Government-owned institution that would provide this investment opportunity through high-quality bond issues that would be used to finance qualifying infrastructure projects would attract needed capital for United States infrastructure development.CommentsClose CommentsPermalink
SEC. 1403. DEFINITIONS.
For purposes of this subtitle, the following definitions apply unless the context requires otherwise:CommentsClose CommentsPermalink
(1) BANK- The term ‘Bank’ means the National Infrastructure Development Bank established under section 1404(a).CommentsClose CommentsPermalink
(2) BOARD- The term ‘Board’ means the National Infrastructure Development Bank Board.CommentsClose CommentsPermalink
(3) CHIEF ASSET AND LIABILITY MANAGEMENT OFFICER- The term ‘chief asset and liability management officer’ means the chief individual responsible for coordinating the management of assets and liabilities of the Bank.CommentsClose CommentsPermalink
(4) CHIEF COMPLIANCE OFFICER- The term ‘chief compliance officer or CCO’ means the chief individual responsible for overseeing and managing the compliance and regulatory affairs issues of the Bank.CommentsClose CommentsPermalink
(5) CHIEF FINANCIAL OFFICER- The term ‘chief financial officer or CFO’ means the chief individual responsible for managing the financial risks, planning, and reporting of the Bank.CommentsClose CommentsPermalink
(6) CHIEF LOAN ORIGINATION OFFICER- The term ‘chief loan origination officer’ means the chief individual responsible for the processing of new loans provided by the Bank.CommentsClose CommentsPermalink
(7) CHIEF OPERATIONS OFFICER- The term ‘chief operations officer or COO’ means the chief individual responsible for information technology and the day to day operations of the Bank.CommentsClose CommentsPermalink
(8) CHIEF RISK OFFICER- The term ‘chief risk officer or CRO’ means the chief individual responsible for managing operational and compliance-related risks of the Bank.CommentsClose CommentsPermalink
(9) CHIEF TREASURY OFFICER- The term ‘chief treasury officer’ means the chief individual responsible for managing the Bank’s treasury operations.CommentsClose CommentsPermalink
(10) DEVELOPMENT- The terms ‘development’ and ‘develop’ mean, with respect to an infrastructure project, any--CommentsClose CommentsPermalink
(A) preconstruction planning, feasibility review, permitting, design work, and other preconstruction activities; andCommentsClose CommentsPermalink
(B) construction, reconstruction, rehabilitation, replacement, or expansion.CommentsClose CommentsPermalink
(11) DISADVANTAGED COMMUNITY- The term ‘disadvantaged community’ means a community with a median household income of less than 80 percent of the statewide median household income for the State in which the community is located.CommentsClose CommentsPermalink
(12) ENERGY INFRASTRUCTURE PROJECT- The term ‘energy infrastructure project’ means any project for energy transmission, energy efficiency enhancement for buildings, public housing, and schools, renewable energy, and energy storage.CommentsClose CommentsPermalink
(13) ENTITY- The term ‘entity’ means an individual, corporation, partnership (including a public-private partnership), joint venture, trust, and a State or other governmental entity, including a political subdivision or any other instrumentality of a State or a revolving fund.CommentsClose CommentsPermalink
(14) ENVIRONMENTAL INFRASTRUCTURE PROJECT- The term ‘environmental infrastructure project’ means any project for the establishment, maintenance, or enhancement of any drinking water and wastewater treatment facility, storm water management system, dam, levee, open space management system, solid waste disposal facility, hazardous waste facility, or industrial site cleanup.CommentsClose CommentsPermalink
(15) EXECUTIVE DIRECTOR- The term ‘executive director’ means the individual serving as the chief executive officer of the Bank.CommentsClose CommentsPermalink
(16) GENERAL COUNSEL- The term ‘general counsel’ means the individual who serves as the chief lawyer for the Bank.CommentsClose CommentsPermalink
(17) INFRASTRUCTURE PROJECT- The term ‘infrastructure project’ means any energy, environmental, telecommunications, or transportation infrastructure project.CommentsClose CommentsPermalink
(18) PUBLIC BENEFIT BOND- The term ‘public benefit bond’ means a bond issued with respect to an infrastructure project in accordance with this subtitle if--CommentsClose CommentsPermalink
(A) the net spendable proceeds from the sale of the issue may be used for expenditures incurred after the date of issuance with respect to the project, subject to the rules of the Bank;CommentsClose CommentsPermalink
(B) the bond issued by the Bank is in registered form and meets the requirements of this subtitle and otherwise applicable law; andCommentsClose CommentsPermalink
(C) the payment of principal with respect to the bond is the obligation of the Bank.CommentsClose CommentsPermalink
(19) PUBLIC-PRIVATE PARTNERSHIP- The term ‘public-private partnership’ means any entity--CommentsClose CommentsPermalink
(A)(i) which is undertaking the development of all or part of an infrastructure project, which will have a public benefit, pursuant to requirements established in one or more contracts between the entity and a State or an instrumentality of a State; orCommentsClose CommentsPermalink
(ii) the activities of which, with respect to such an infrastructure project, are subject to regulation by a State or any instrumentality of a State; andCommentsClose CommentsPermalink
(B) which owns, leases, or operates, or will own, lease, or operate, the project in whole or in part, and at least one of the participants in the entity is a nongovernmental entity.CommentsClose CommentsPermalink
(20) REVOLVING FUND- The term ‘revolving fund’ means a fund or program established by a State or a political subdivision or other instrumentality of a State, the principal activity of which is to make loans, commitments, or other financial accommodation available for the development of one or more categories of infrastructure projects.CommentsClose CommentsPermalink
(21) SECRETARY- The term ‘Secretary’ means the Secretary of the Treasury or the designee of the Secretary.CommentsClose CommentsPermalink
(22) SMART GRID- The term ‘smart grid’ means a system that provides for any of the smart grid functions set forth in section 1306(d) of the Energy Independence and Security Act of 2007 (
(23) STATE- The term ‘State’ includes the District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of Northern Mariana Islands, and any other territory of the United States.CommentsClose CommentsPermalink
(24) TELECOMMUNICATIONS INFRASTRUCTURE PROJECT- The term ‘telecommunications infrastructure project’ means any project involving infrastructure required to provide communications by wire or radio.CommentsClose CommentsPermalink
(25) TRANSPORTATION INFRASTRUCTURE PROJECT- The term ‘transportation infrastructure project’ means any project for the construction, maintenance, or enhancement of highways, roads, bridges, transit and intermodal systems, inland waterways, commercial ports, airports, high speed rail and freight rail systems.CommentsClose CommentsPermalink
SEC. 1404. ESTABLISHMENT OF NATIONAL INFRASTRUCTURE DEVELOPMENT BANK.
(a) Establishment of National Infrastructure Development Bank- The National Infrastructure Development Bank is established as a wholly owned Government corporation subject to chapter 91 of title 31, United States Code (commonly known as the ‘Government Corporation Control Act’), except as otherwise provided in this subtitle.CommentsClose CommentsPermalink
(b) Responsibility of the Secretary- The Secretary shall take such action as may be necessary to assist in implementing the establishment of the bank in accordance with this subtitle.CommentsClose CommentsPermalink
(c) Conforming Amendment-
‘(O) the National Infrastructure Development Bank.’.CommentsClose CommentsPermalink
SEC. 1405. BOARD OF DIRECTORS.
(a) In General- The Bank shall have a Board of Directors consisting of 5 members appointed by the President by and with the advice and consent of the Senate.CommentsClose CommentsPermalink
(b) Qualifications- The directors of the Board shall include individuals representing different regions of the United States and--CommentsClose CommentsPermalink
(1) 2 of the directors shall have public sector experience; andCommentsClose CommentsPermalink
(2) 3 of the directors shall have private sector experience.CommentsClose CommentsPermalink
(c) Chairperson and Vice Chairperson- As designated at the time of appointment, one of the directors of the Board shall be designated chairperson of the Board by the President and one shall be designated as vice chairperson of the Board by the President.CommentsClose CommentsPermalink
(d) Terms-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as provided in paragraph (2) and subsection (f), each director shall be appointed for a term of 6 years.CommentsClose CommentsPermalink
(2) INITIAL STAGGERED TERMS- Of the initial members of the Board--CommentsClose CommentsPermalink
(A) the chairperson and vice chairperson shall be appointed for terms of 6 years;CommentsClose CommentsPermalink
(B) 1 shall be appointed for a term of 5 years;CommentsClose CommentsPermalink
(C) 1 shall be appointed for a term of 4 years; andCommentsClose CommentsPermalink
(D) 1 shall be appointed for a term of 3 years.CommentsClose CommentsPermalink
(e) Date of Initial Nominations- The initial nominations by the President for appointment of directors to the Board shall be made not later than 60 days after the date of enactment of this Act.CommentsClose CommentsPermalink
(f) Vacancies-CommentsClose CommentsPermalink
(1) IN GENERAL- A vacancy on the Board shall be filled in the manner in which the original appointment was made.CommentsClose CommentsPermalink
(2) APPOINTMENT TO REPLACE DURING TERM- Any director appointed to fill a vacancy occurring before the expiration of the term for which the director’s predecessor was appointed shall be appointed only for the remainder of the term.CommentsClose CommentsPermalink
(3) DURATION- A director may serve after the expiration of that director’s term until a successor has taken office.CommentsClose CommentsPermalink
(g) Quorum- Three directors shall constitute a quorum.CommentsClose CommentsPermalink
(h) Reappointment- A director of the Board appointed by the President may be reappointed by the President in accordance with this section.CommentsClose CommentsPermalink
(i) Per Diem Reimbursement- Directors of the Board shall serve on a part-time basis and shall receive a per diem when engaged in the actual performance of Bank business, plus reasonable reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of their duties.CommentsClose CommentsPermalink
(j) Limitations- A director of the Board may not participate in any review or decision affecting a project under consideration for assistance under this subtitle if the director has or is affiliated with a person who has an interest in such project.CommentsClose CommentsPermalink
(k) Powers and Limitations of the Board-CommentsClose CommentsPermalink
(1) POWERS- In order to carry out the purposes of the Bank as set forth in this subtitle, the Board shall be responsible for monitoring and overseeing infrastructure projects and have the following powers:CommentsClose CommentsPermalink
(A) To make senior and subordinated loans and purchase senior and subordinated debt securities and enter into a binding commitment to make any such loan or purchase any such security, on such terms as the Board may determine, in the Board’s discretion, to be appropriate, the proceeds of which are used to assist in the financing or refinancing of the development of one or more infrastructure projects.CommentsClose CommentsPermalink
(B) To issue and sell debt securities of the Bank on such terms as the Board shall determine from time to time.CommentsClose CommentsPermalink
(C) To issue public benefit bonds and to provide financing to infrastructure projects from amounts made available from the issuance of such bonds.CommentsClose CommentsPermalink
(D) To make loan guarantees.CommentsClose CommentsPermalink
(E) To make agreements and contracts with any entity in furtherance of the business of the Bank.CommentsClose CommentsPermalink
(F) To borrow on the global capital market and lend to regional, State, and local entities, and commercial banks for the purpose of funding infrastructure projects.CommentsClose CommentsPermalink
(G) To purchase in the open market any of the Bank’s outstanding obligations at any time and at any price.CommentsClose CommentsPermalink
(H) To monitor and oversee infrastructure projects financed, in whole or in part, by the Bank.CommentsClose CommentsPermalink
(I) To acquire, lease, pledge, exchange, and dispose of real and personal property and otherwise exercise all the usual incidents of ownership of property to the extent the exercise of such powers are appropriate to and consistent with the purposes of the Bank.CommentsClose CommentsPermalink
(J) To sue and be sued in the Bank’s corporate capacity in any court of competent jurisdiction, except that no attachment, injunction, or similar process, may be issued against the property of the Bank or against the Bank with respect to such property.CommentsClose CommentsPermalink
(K) To indemnify the directors and officers of the Bank for liabilities arising out of the actions of the directors and officers in such capacity, in accordance with, and subject to the limitations contained in, this subtitle.CommentsClose CommentsPermalink
(L) To serve as the primary liaison between the Bank, Congress, the executive branch, and State and local governments and to represent the Bank’s interests.CommentsClose CommentsPermalink
(M) To exercise all other lawful powers which are necessary or appropriate to carry out, and are consistent with, the purposes of the Bank.CommentsClose CommentsPermalink
(2) LIMITATIONS-CommentsClose CommentsPermalink
(A) ISSUANCE OF DEBT SECURITY- The Board may not issue any debt security without the prior consent of the Secretary.CommentsClose CommentsPermalink
(B) ISSUANCE OF VOTING SECURITY- The Board may not issue any voting security in the Bank to any entity other than the Secretary.CommentsClose CommentsPermalink
(3) ACTIONS CONSISTENT WITH SELF-SUPPORTING ENTITY STATUS- The Board shall conduct its business in a manner consistent with the requirements of this section.CommentsClose CommentsPermalink
(4) COORDINATION WITH STATE AND LOCAL REGULATORY AUTHORITY- The provision of financial assistance by the Board pursuant to this subtitle shall not be construed as--CommentsClose CommentsPermalink
(A) limiting the right of any State or political subdivision or other instrumentality of a State to approve or regulate rates of return on private equity invested in a project; orCommentsClose CommentsPermalink
(B) otherwise superseding any State law or regulation applicable to a project.CommentsClose CommentsPermalink
(5) FEDERAL PERSONNEL REQUESTS- The Board shall have the power to request the detail, on a reimbursable basis, of personnel from other Federal agencies with specific expertise not available from within the Bank or elsewhere. The head of any Federal agency may detail, on a reimbursable basis, any personnel of such agency requested by the Board and shall not withhold unreasonably the detail of any personnel requested by the Board.CommentsClose CommentsPermalink
(l) Meetings-CommentsClose CommentsPermalink
(1) OPEN TO THE PUBLIC; NOTICE- All meetings of the Board held to conduct the business of the Bank shall be open to the public and shall be preceded by reasonable notice.CommentsClose CommentsPermalink
(2) INITIAL MEETING- The Board shall meet not later than 90 days after the date on which all directors of the Board are first appointed and otherwise at the call of the Chairperson.CommentsClose CommentsPermalink
(3) EXCEPTION FOR CLOSED MEETINGS- Pursuant to such rules as the Board may establish through their bylaws, the directors may close a meeting of the Board if, at the meeting, there is likely to be disclosed information which could adversely affect or lead to speculation relating to an infrastructure project under consideration for assistance under this subtitle or in financial or securities or commodities markets or institutions, utilities, or real estate. The determination to close any meeting of the Board shall be made in a meeting of the Board, open to the public, and preceded by reasonable notice. The Board shall prepare minutes of any meeting which is closed to the public and make such minutes available as soon as the considerations necessitating closing such meeting no longer apply.CommentsClose CommentsPermalink
SEC. 1406. EXECUTIVE COMMITTEE.
(a) In General- The Board shall have an executive committee consisting of 9 members, headed by the executive director of the Bank.CommentsClose CommentsPermalink
(b) Executive Director- A majority of the Board shall have the authority to appoint and reappoint the executive director.CommentsClose CommentsPermalink
(c) CEO- The executive director shall be the chief executive officer of the Bank, with such executive functions, powers, and duties as may be prescribed by this subtitle, the bylaws of the Bank, or the Board.CommentsClose CommentsPermalink
(d) Other Executive Officers- The Board shall appoint, remove, fix the compensation, and define duties of 8 other executive officers to serve on the Executive Committee as the--CommentsClose CommentsPermalink
(1) chief compliance officer;CommentsClose CommentsPermalink
(2) chief financial officer;CommentsClose CommentsPermalink
(3) chief asset and liability management officer;CommentsClose CommentsPermalink
(4) chief loan origination officer;CommentsClose CommentsPermalink
(5) chief operations officer;CommentsClose CommentsPermalink
(6) chief risk officer;CommentsClose CommentsPermalink
(7) chief treasury officer; andCommentsClose CommentsPermalink
(8) general counsel.CommentsClose CommentsPermalink
(e) Qualifications- The executive director and other executive officers shall have demonstrated experience and expertise in one or more of the following:CommentsClose CommentsPermalink
(1) Transportation infrastructure.CommentsClose CommentsPermalink
(2) Environmental infrastructure.CommentsClose CommentsPermalink
(3) Energy infrastructure.CommentsClose CommentsPermalink
(4) Telecommunications infrastructure.CommentsClose CommentsPermalink
(5) Economic development.CommentsClose CommentsPermalink
(6) Workforce development.CommentsClose CommentsPermalink
(7) Public health.CommentsClose CommentsPermalink
(8) Private or public finance.CommentsClose CommentsPermalink
(f) Duties- In order to carry out the purposes of the Bank as set forth in this subtitle, the executive committee shall--CommentsClose CommentsPermalink
(1) establish disclosure and application procedures for entities nominating projects for assistance under this subtitle;CommentsClose CommentsPermalink
(2) accept, for consideration, project proposals relating to the development of infrastructure projects, which meet the basic criteria established by the Board, and which are submitted by an entity;CommentsClose CommentsPermalink
(3) provide recommendations to the Board and place project proposals accepted by the executive committee on a list for consideration for financial assistance from the Board; andCommentsClose CommentsPermalink
(4) provide technical assistance to entities receiving financing from the Bank and otherwise implement decisions of the Board.CommentsClose CommentsPermalink
(g) Vacancy- A vacancy in the position of executive director shall be filled in the manner in which the original appointment was made.CommentsClose CommentsPermalink
(h) Compensation- The compensation of the executive director and other executive officers of the executive committee shall be determined by the Board.CommentsClose CommentsPermalink
(i) Removal- The executive director and other executive officers may be removed at the discretion of a majority of the Board.CommentsClose CommentsPermalink
(j) Term- The executive director and other executive officers shall serve a 6-year term and may be reappointed in accordance with this section.CommentsClose CommentsPermalink
(k) Limitations- The executive director and other executive officers shall not--CommentsClose CommentsPermalink
(1) hold any other public office;CommentsClose CommentsPermalink
(2) have any interest in an infrastructure project considered by the Board;CommentsClose CommentsPermalink
(3) have any interest in an investment institution, commercial bank, or other entity seeking financial assistance for any infrastructure project from the Bank; andCommentsClose CommentsPermalink
(4) have any such interest during the 2-year period beginning on the date such officer ceases to serve in such capacity.CommentsClose CommentsPermalink
SEC. 1407. RISK MANAGEMENT COMMITTEE.
(a) Establishment of Risk Management Committee- The Bank shall establish a risk management committee consisting of 5 members, headed by the chief risk officer.CommentsClose CommentsPermalink
(b) Appointments- A majority of the Board shall have the authority to appoint and reappoint the CRO of the Bank.CommentsClose CommentsPermalink
(c) Functions; Duties-CommentsClose CommentsPermalink
(1) IN GENERAL- The CRO shall have such functions, powers, and duties as may be prescribed by one or more of the following: This subtitle, the bylaws of the Bank, and the Board. The CRO shall report directly to the Board.CommentsClose CommentsPermalink
(2) RISK MANAGEMENT DUTIES- In order to carry out the purposes of this subtitle, the risk management committee shall--CommentsClose CommentsPermalink
(A) create financial, credit, and operational risk management guidelines and policies to be adhered to by the Bank;CommentsClose CommentsPermalink
(B) set guidelines to ensure diversification of lending activities by both region and infrastructure project type;CommentsClose CommentsPermalink
(C) create conforming standards for infrastructure finance securities;CommentsClose CommentsPermalink
(D) monitor financial, credit and operational exposure of the Bank; andCommentsClose CommentsPermalink
(E) provide financial recommendations to the Board.CommentsClose CommentsPermalink
(d) Other Risk Management Officers- The Board shall appoint, remove, fix the compensation, and define the duties of 4 other risk management officers to serve on the risk management committee.CommentsClose CommentsPermalink
(e) Qualifications- The CRO and other risk management officers shall have demonstrated experience and expertise in one or more of the following:CommentsClose CommentsPermalink
(1) Treasury and asset and liability management.CommentsClose CommentsPermalink
(2) Investment regulations.CommentsClose CommentsPermalink
(3) Insurance.CommentsClose CommentsPermalink
(4) Credit risk management and credit evaluations.CommentsClose CommentsPermalink
(5) Related disciplines.CommentsClose CommentsPermalink
(f) Vacancy- A vacancy in the position of CRO or any other risk management officer shall be filled in the manner in which the original appointment was made.CommentsClose CommentsPermalink
(g) Compensation- The compensation of the CRO and other risk management officers shall be determined by the Board.CommentsClose CommentsPermalink
(h) Removal- The CRO and any other risk management officers may be removed at the discretion of a majority of the Board.CommentsClose CommentsPermalink
(i) Term- The CRO and other risk management officers shall serve a 6-year term and may be reappointed in accordance with this section.CommentsClose CommentsPermalink
(j) Limitations- The CRO and other risk management officers shall not--CommentsClose CommentsPermalink
(1) hold any other public office;CommentsClose CommentsPermalink
(2) have any interest in an infrastructure project considered by the Board;CommentsClose CommentsPermalink
(3) have any interest in an investment institution, commercial bank, or other entity seeking financial assistance for any infrastructure project from the Bank; andCommentsClose CommentsPermalink
(4) have any such interest during the 2-year period beginning on the date such officer ceases to serve in such capacity.CommentsClose CommentsPermalink
SEC. 1408. AUDIT COMMITTEE.
(a) In General- The Bank shall have an audit committee consisting of 5 members, headed by the chief compliance officer of the Bank.CommentsClose CommentsPermalink
(b) Appointments- A majority of the Board shall have the authority to appoint and reappoint the CCO of the Bank.CommentsClose CommentsPermalink
(c) Functions; Duties- The CCO shall have such functions, powers, and duties as may be prescribed by one or more of the following: This subtitle, the bylaws of the Bank, and the Board. The CCO shall report directly to the Board.CommentsClose CommentsPermalink
(d) Audit Duties- In order to carry out the purposes of the Bank under this subtitle, the audit committee shall--CommentsClose CommentsPermalink
(1) provide internal controls and internal auditing activities for the Bank;